HomeMy WebLinkAboutCC 1985-01-10 MinutesCOMMISSION
January 101 1985
OF MEETING HELD ON _
(REGULAR)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
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INDEX
MINUTES OF REGULAR MEETING
x CITY COMMISSION OF MIAMI, FLORIDA
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ITEM SUBJECT JAN UARY 10, 1985 LEGISLATION PAGE
(i•i
N0. NO.
1 MISC. DISCUSSION CONCERNING AGENDA ITEMS 480 499
509 51. DISCUSSION 1-2
2 PRESENTATIONS, PLAQUES, PROCLAMATIONS AND
SPECIAL ITEMS. DISCUSSION 2-3
3 LISCUSSION ITEM: PROPOSED RECONSIDERATION OF
MOTION APPOINTING DAVID WEAVER TO O.S.P.A. (NOT
ACTED UPON AT THIS MEETING). DISCUSSION 2-3
4 WAIVE FEE FOR USE OF COCONUT GROVE EXHIBITION
y_ CENTER FOR OMEGA PSI PHI FRATERNITY —ANNUAL
l
DANCE, FEBRUARY 22, 2985. M-85-1 3
5 DISCUSSION: GROUND BREAKING AND CONSTRUCTION
SCHEDULE FOR POLICE SUB STATIONS. DISCUSSION 3-5
s i 6 COMMISSIONER DAWKINS REQUESTS CLARIFICATION OF
al a
Hr
- GARBAGE BILLS RECENTLY MAILED. DISCUSSION 5
7 DISCUSSION: HIRING OF POLICE OFFICERS. DISCUSSION 5
}y+ F
8 AUTHORIZE CITY CLEANUP SERVICES FOR TICKERTAPE
Fz. PARADE IF DOLPHINS WIN SUPER BOWL XIX. 85-2 5-6
�9 PERSONAL APPEARANCE: JULIA DAWSON REQUESTING
FUNDING FOR A PROGRAM FOR THE HEARING IMPAIRED. DISCUSSION 6-7
1 .4`
10 PERSONAL APPEARANCE: REV. JONATHAN ROLLE
REQUESTING PERMISSION TO USE AFRICAN SQUARE PARK
;s. FOR FUND RAISER. DISCUSSION 7-9
11 DISCUSSION: UNDER— UTILIZATION OF GYM FACILITIES
IN THE FIRE DEPARTMENT. DISCUSSION 9
12 PERSONAL APPEARANCE: RAPHAEL HERMAN CONCERNING
METHODS USED IN THE SELECTION OF THE CHIEF OF
POLICE. DISCUSSION 9-12
,Fa n 13 BRIEF DISCUSSION: COMPREHENSIVE FESTIVAL FUNDING
POLICY (TO BE DISCUSSED AT NEXT MEETING). DISCUSSION 12-13
F. 14 CONSENT AGENDA 13
14.1 ALLOCATE $17,500 TO CAREY TECHNICAL INSTITUTE
FOR COMPUTER REPAIR TRAINING PROJECT. R-85-3 14
14.2 ALLOCATE $350. TO THE ONE ART, INC AND AUTHORIZE
CITY MANAGER TO ENTER INTO AGREEMENT. R-85-4 14
j 14.3 ALLOCATE $609000 TO PUERTO RICAN OPPORTUNITY
CENTER FOR EMPLOYMENT REFERRAL/PLACEMENT AND JOB
j SKILLS TRAINING PROJECT IN WYNWOOD TARGET AREA. R-85-5 14
14.4 ALLOCATE $15,000 TO COCONUT GROVE ASSOCIATION,
INC. 1985 COCONUT GROVE ARTS FESTIVAL R-85-6 14
14.5 APPROVE ALLOCATION OF $532.45 FOR IN —KIND
_wlSERVICES KING MANGO STRUT PARADE. R-85-7 14
®I l
14.6 ALLOCATE $49500 TO COVER COST OF RENTAL FEE
COCONUT GROVE EXHIBITION CENTER 26TH
ANNIVERSARY OF MR. ALEXIS FARIS. R-85-8 16
-KIND FORMAL
14.7 ALLOCATE $4t068 IN IN SERVICES FOR
OPENING AND DEDICATIONN OF WRLN-CHANNEL 17. R-85-9 16
14.8 ALLOCATE $19850. FOR RENTAL FEES OF MIAMI MARINE
STADIUM AND GUSMAN CULTURAL CENTER BY
KINDERKONCERTSt INC. R-85-10 16
14.9 ALLOCATE $145. TO COVER RENTAL FEE OF MANUEL
ARTIME COMMUNITY CENTER FOR PRESENTATION OF
READINGS BY CUBAN POET DANIEL ROMAN. E-85-11 17
14.10 ALLOCATE $49500 TO COVER RENTAL FEE FOR ORANGE
BOWL STADIUM -SWEAR IN CEREMONY FOR 109000
PEOPLE. R-85-12 17
14.11 ALLOCATE $3v065 FOR IN KIND SERVICES AND FEE
WAIVERS IN CONNECTION WITH THE JOSE MARTI
PARADE. R-85-13 17
14.12 BID ACCEPTANCE: COMMUNITY ASPHALT CORP. FOR CITY
WIDE RESURFACING PROJECT. R-85-14 18
14.13 BID ACCEPTANCE: P.N.M. CORP. FOR CITY WIDE
HIGHWAY IMPROVEMENT -PHASE I. R-85-15 18
14.14 RESCIND CONTRACT-CARTWRIGHT VENTILATION, INC.
ACCEPT BID OF ACME INDUSTRIAL SHEET METAL INC.
FOR FURNISHING COOLING FANS AND VENTILATION
EQUIPMENT. R-85-16 19
14.15 CLAIM SETTLEMENT-S.R. STERBENZ. R-85-17 19
14.16 CLAIM SETTLEMENT-THERSUIS SYLHOMME. R-85-18 20
14.17 CLAIM SETTLEMENT-SIMEON ALVAREZ. R-85-19 20
14.18 CLAIM SETTLEMENT-DORA MARTINEZ ANE BALTAZAR
R-85-20 20
w,tMARTINEZ.
14.19 CLAIM SETTLEMENT-DOLORES PAVONNO. R-85-21 21
14.20 CLAIM SETTLEMENT-ANTHONY ANDOH. R-85-22 21
14.21 BID ACCEPTANCE. P. R. I D. E. OF FLORIDA AND FEDAN
TIRE COMPANY FOR TIRE SERVICES TO DEPT. OF
BUILDING AND VEHICLE MAINTENANCE. R-85-23 21
14.22 BID ACCEPTANCE. ELLIS TOWER COMPANY, INC. FOR
FURNISHING ANTENNA TOWER. R-85-24 22
14.23 AMEND RESOLUTION 84-1030 JAMES E. SCOTT
COMMUNITY ASSOCIATION. R-85-25 22
15 EMERGENCY ORDINANCE: NEW TRUST AND AGENCY FUND
j ENTITLED "HAITIAN CHILD ABUSE EDUCATION
PROGRAM", ORD. 9941 23
16 EMERGENCY ORDINANCE: STRESS CONTROL TRAINING
COURSES FOR POLICE OFFICERS. ORD. 9942 24
17 BRIEF DISCUSSION AND CONTINUANCE: AMENDMENT To
55-11 OF CODE DEFINITIONS RELATING TO PUBLIC
SERVICE TAXES ON PHONES ETC. DISCUSSION 24
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*` 18 BRIEF DISCUSSION AND CONTINUANCE: AMENDMENT TO
`k 55-14 RECORDS TO BE KEPT BY SELLERS OF
ELECTRICITY, GASi FUEL OIL, ETC. DISCUSSION 25
�^19 SECOND READING ORDINANCE: AMEWND SECTION 22=8
(B) (1) OF THE CODE. HOURS OF COLLECTION OF
TRASH TO COMMERCIAL ESTABLISHMENTS BY PRIVATE
- SERVICES. ORD. 9943 26-27
20 SECOND READING ORDINANCE: AMEND APPROPRIATIONS
ORDINANCE SPECIAL REVENUE FUND: POLICE DOLLAR
`x.... TRAINING. ORD. 9944 28
� 'I
21 SECOND READING ORDINANCE: NEW TRUST AND AGENCY•
FUND "SALES TAX COLLECTIONS FY 85". ORD. 9945 28
22 SECOND READING ORDINANCE: SPECIAL ASSESSMENT
FUND RECORDING OF ASSESSMENT LIEN ACTIVITY FOR
FY 85. ORD. 9946 29
23 SECOND READING ORDINANCE: AMEND APPROPRIATIONS
ORDINANCE PLANNING DEPT. CITY/COUNTY AGREEMENT
FOR PLANNER III. ORD. 9947 30
24 SECOND READING ORDINANCE. AMEND APPROPRIATIONS
ORDINANCE DEPT. OF ECONOMIC DEVELOPMENT.
V,BUSINESS DEVELOPMENT IN WYNWOOD NEIGHBORHOOD. ORD. 9948 31
25 FIRST READING ORDINANCE. PROVIDE LIMITATIONS ON
6;:• AUTHORIZED INVESTMENT IN SOUTH AFRICA-NAMIBIA
�uu� ti CITY FUNDS.S. ETC. 1ST READING 32
.;:
h.. 26 FIRST READING ORDINANCE: AMEND CH. 54.5 CITY
4.,. CODE SUBDIVISION REGULATIONS. 1ST READING 33
27 ALLOCATE $89000 FASHIONSPREE. NATIONAL COUNCIL
OF JEWISH WOMEN. C.G.E. CENTER FEB. 21-23. R-85-26 33
'per i
28 AUTHORIZE AGREEMENT: MIAMI MOTORSPORTS, INC. R-85-27 34
_ r 29 CALL "SPECIAL" MUNICIPAL ELECTION NOVEMBER 5,
1985 RETENTION OF CITY'S CURRENT MILLAGE RATE. R-85-28 35
` 30 AUTHORIZE EXTENSION OF AGREEMENT: VINCENT E.
GRIMM PROFESSIONAL CONSULTANT SERVICES. R-85-29 37-38
31 ALLOCATE $809000 RENTAL OF LIGHTING EQUIPMENT
FOR NATIONAL TELECASTING OF MISS TEEN USA
PAGEANT. R-85-30 38-39
2 ALLOCATE $45, 705-RENTAL CHARGES FOR MIAMI
3
CONVENTION CENTER MIAMI HOST COMMITTEE-STAGING
OF MISS UNIVERSE 1984. R-85-31 39-40
33 AUTHORIZE CITY MANAGER TO AMEND ARTICLE III
CONTRACT AGREEMENT. BLACK INDUSTRIAL DIRECTORY. R-85-32 40
34 ALLOCATE $3,145.83 10TH YEAR C.D. BLOCK GRANT
FUNDS MLKEDCO-MARTIN LUTHER KING ECONOMIC
l�r } DEVELOPMENT CORP. R-85-33 41
35 AUTHORIZE AGREEMENT: MEDICAL ARTS TRAINING
CENTER (M.A.T.C.) EMERGENCY MEDICAL TECHNICAL.
PARAMEDIC TRAINING PROGRAM. R-85-34 42
*f 1 36 APPROVE CITY PARTICIPATION IN AMERICAN CANCER
SOCIETY AMERICAN LUNG ASSOCIATION GOLF CARD
PRIVILEGE PROGRAM.- R-85-35 43
37 AUTHORIZE AMENDMENT NO. 2-AGREEMENT-0'LEARY-
SHAFER-COSIO LANDSCAPE ARCHITECTS FOR SERVICES
p RENOVATION OF MOORE PARK. R-85-36 43
-- ( 38 AUTHORIZE 3-DAY PERMIT TO SELL BEER AND WINE
-- COCONUT GROVE ARTS FESTIVAL 1985. R-85-37 44
-- E
w1l
39
AUTHORIZE EXPENDITURES $109000 COST AND DESIGN
FOR BUST OF JOSE MARTI FOR LOCATION IN JOSE
MARTI PARK.
R=85-38
45
40
ALLOCATE $429500 IN SUPPORT OF "THE SUPERSTARS
OF 1985".
R-85-39
47
41
ORDERING RESOLUTION: NORTH RIVER DRIVE HIGHWAY
IMPROVEMENT H-45-1.
R-85-40
48
42
ORDERING RESOLUTION: N.W. 47TH AVENUE HIGHWAY
IMPROVEMENT H-4505.
R-85-41
48-49
43
ORDERING RESOLUTION. BUENA VISTA HIGHWAY
IMPROVEMENT PHASE II H-4506.
R-85-42
49-50
44
TRANSFER RIGHT OF WAY S.W. S.E. 1ST STREET
BETWEEN 22 AVENUE AND BISCAYNE BOULEVARD TO
JURISDICTION OF STATE HIGHWAY SYSTEM.
R-85-43
50
45
CONFIRM SELECTION OF MEMBER OF AFFIRMATIVE
ACTION ADVISORY BOARD (ALMA SUMPTER SMITH)
R-85-44
51
46
RECEIVE, OPEN, REAL AND REFER TO CITY MANAGER
FOR TABULATION AND REPORT SEALED BIDS FOR SALE
OF $12,000,000 BONDS ANTICIPATION NOTES OF THE
CITY OF MIAMI.
R-85-45
51
47
DISCUSSION AMND TEMPORARY DEFERRAL ON ON -STREET
PARKING METERS.
DISCUSSION
53
48
DISCUSSION AND TEMPORARY DEFERRAL OF BUDWEISER
REGATTA.
DISCUSSION
53
49
DISCUSSION: ON -STREET PARKING METERS.
DISCUSSION
53-57
50
DISCUSSION: 1985 LEGISLATIVE ISSUES.
DISCUSSION
58
51
APPROVE MINUTES OF OCTOBER 10, 1984.
DISCUSSION
59
52
DISCUSSION. ONE ART BALLET.
DISCUSSION
59
53
MODIFICATION OF RESOLUTION 83-320-AMENDMENT III -
FULLER AND SADAO FOR BAYFRONT PARK REDEVELOPMENT
PROJECT.
R-85-46
60
54
BID AWARD: SUIN BANK/FLAGSHIP NATIONAL BANK OF
MIAMI $12,000,000 BONDS ANTICIPATION NOTES OF
THE CITY OF MIAMI.
R-85-47
62
55
PERSONAL APPEARANCE: MORTY FREEDMAN CONCERNING
MIAMI INTERNATIONAL FESTIVAL.
DISCUSSION
62
56
DISCUSSION AND CONTINUANCE: PROPOSED ORDINANCE
FOR NEW SPECIAL REVENUE FUND "MCAC BUDGET 85"-
CABLE T.V.
DISCUSSION
62-67
57
DISCUSSION: PROPOSED REVOCATION OF OCCUPATIONAL
LICENSES FOR BUILDINGS THAT HOUSE DRUG TENANTS.
DISCUSSION
67-75
58
DISCUSSION: PROPOSED STRONG MAYOR FORM OF
GOVERNMENT CONTINUED TO FEBRUARY 14TH.
DISCUSSION
75-81
59
ACCEPT COMPLETED WORK: EAST ALLAPATTAH HIGHWAY
IMPROVEMENT H-4481.
R-85-48
81-82
60
ORDERING RESOLUTION: DISCUSSION AND DEFERRAL OF
N.W. 14TH STREET HIGHWAY IMPROVEMENT H-4500
DISCUSSION
82-85
61
APPROVE IN PRINCIPLE REQUEST FOR FINANCIAL AID
MARTIN LUTHER KING PARADE JANUARY 14, 1985
M-85-49
85-87
62
APPROVE IN PRINCIPLE REQUEST FOR FUNDING OF
EVENT: MISS COLLEGIATE BLACK AMERICAN PAGEANT
APRIL 13, 1985.
M-85-50
87-89
63 EMERGENCY ORDINANCE. AMEND CAPITAL IMPROVEMENTS
b. APP. ORDINANCE SUBSTITUTE REVENUE SOURCE FY 86
FPL FRANCHISE REVENUES FOR CITYWIDE MICROWAVE
� x 800MH2 COMMUNICATION SYSTEM. ORD. 9949 89-90
64 SECOND READING ORDINANCE: TEXT CHANGE TO 9500
Y= '' AMEND SUBSECTION 1533.3 OF SECTION 1530 SPI-•3. 2ND READING 90-91
65 PUBLIC HEARING
FIRST READING ORDINANCE
AMENDING 9500 ARTICLE 15 PUBLIC INTEREST
DISTRICTS NEW SECTIONS 15170-•15171 THROUGH
15173• DISCUSSION 91-115
66 BRIEF DISCUSSION: MIAMI DADE TRADE AND TOURISM
COMMISSION. DISCUSSION 115-116
67 DISCUSSION NEGOTIATION PROCESS USED IN
DETERMINING "SEVERANCE PAY". DISCUSSION 116,117
68 PUBLIC HEARING CONTINUED: PROPOSED FIRST READING
ORDINANCE AMENDING 9500 ARTICLE 15 PUBLIC
INTEREST DISTRICTS NEW SECTIONS 15170,-15171
THROUGH 15173• DISCUSSION 118�146
69 FIRST READING ORDINANCE: AMEND ORDINANCE 9500.
ART. 15. PUBLIC INTEREST DISTRICTS ADDING
SECTIONS 15170,71-•72-73 • 1ST READING 146-150
r" 70 FIRST READING ORDINANCE: AMEND ORD. 9500, CHANGE
:r ZONING CLASSIFICATION FROM RG-2/5 TO R0,3/6
;w S.W. 27 AVENUE GRAPELAND BLVD. LINE S. OF
TIGERTAIL AVE. LINE E OF AVIATITION AND
TIGERTAIL ETC. 1ST READING 151-152
w
71 FIRST READING ORDINANCE: AMEND ORD. 9500 APPLY
�.. SPI-17 SOUTH BAYSHORE DRIVE OVERLAY DISTRICRT TO
,..
AREA AS DESCRIBE. 1ST READING 152
72 FIRST READING ORDINANCE: AMEND ORD. 9500 REMOVE
�4
SPI-3 COCONUT GROVE MAJOR STREETS OVERLAY
DISTRICT FROM AREA AS DESCRIBED. 1ST READING 152
�~ 73 INSTRUCT PLANNING DEPT. TO SEND BACK AG.51 FOR
- FURTHER REVIEW CONSIDERATION IN REDUCTION EXCESS
_ - PARKING SPACES FOR BONUS FROM 100 TO 75. M-85-51 153
74 GRANT REQUEST COMMUNITY RELATIONS DEPT. METRO
ALLOCATE $1,000. DEFRAY PRINTING CATALOG "MIAMI
GENERATIONS". M-85-52 156-157
75 APPROVE FINAL WORDING OF CASINO GAMBLING
PROVISIONS OF THE BAYSIDE CONTRACT. M-85-53 157-158
76 AUTHORIZE CITY MANAGER TO PURCHASE 250 TICKETS
FOR "PIG BOWL" TO BE DISTRIBUTED TO
UNDERPRIVILEGED CHILDREN. M-85-54 158-159
77 AUTHORIZE UNFREEZING OF 4 POSITIONS AS REQUESTED
BY COMMISSIONER DEMETRIO PEREZ
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
. rr
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On the 10th day of January, 1985, the City Commission
of Miami, Florida, met at its regular meeting place in
the
City Hall, 3500 Pan American Drive, Miami, Florida
in
regular session.
The meeting was called to order at 9:18 O'Clock A.M.
by
Mayor Maurice A. Ferre with the following members of
the
Commission found to be present:
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
f.
Mayor Maurice A. Ferre
ALSO PRESENT:
Randolph B. Rosencrantz, City Manager
;f
Lucia Allen Dougherty, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
An invocation was delivered by Mayor Ferre, who then
led those present in a pledge of allegiance to the flag.
,.
1. MISC. DISCUSSIOA COACERAIEG AGENDA ITEMS 489 499
509
51.
------------------------------------------------------------
Mayor Ferre: Good Morning, Ladies and Gentlemen. This is a
Regular City of Miami Commission meeting. We have some
presentations that we will be making in a moment. Before
doing so, however, there have been some requests by people
for either deferrals, postponements of issues that are to
come before us. Is there anybody here who has an emergency,
a postponement, or a special request of the City Commission?
Mr. Martin Fine: For the record, my name is Martin Fine,
2401 Douglas. I have no emergency, just a request - on
items 48 through 50 dealing with that new zoning district.
It was my understanding that that matter would be set for
5:00 o'clock today. I would respectfully request that it be
set for 5:00 o'clock, a time certain so we don't have to sit
here all day, and I spoke with Alan Gold yesterday, who is
the attorney for the proponent. We are also interested in
representing property owners, and we would respectfully like
to ask that it be set at 5:00 o'clock.
Mayor Ferre: Does anybody have any objections to that?
Mr. Dawkins: No, Mr. Mayor, not an objection, but, has the
public been notified that it will be 5:00 o'clock so that we
will not have some of the public who are here now having to
wait until 5:00 o'clock?
Mr. Walter Pierce: Mr. Mayor, Item 37 is specifically
advertised for 5:00 o'clock and it is related to Items 48,
49, 50, and 51.
RT 1 January 10, 1985
Mayor Ferre: So in other words, we couldn't do 48, 49, and
50 without doing 37.
Mr. Pierce: We should consider them all at the same time.
Mayor Ferre: And it is advertised for 5:00 O'Clock.
Mr. Pierce: Item 37 is.
Mayor Ferre: Any problems with that?
Mr. Plummer: Mr. Mayor, I have no problem with that,
but
let me announce to you, as I had previously told you, but
on
1
the record, I would hope that that could start promptly
at
`.
5:00 , as close as possible because I must depart from here
.
this evening at 7:00 O'clock. It would be my hope
and
'k
desire the meeting would be over before then, but if it
is
not I must leave at 7:00.
Mr. Fine: I would like to just make it clear anytime
you
Y' =
ft
want to set a time certain is fine but Mr. Pierce says it
is
acceptable to us, we'll be here before 5:00 O'Clock,
Mr.
s.
Plummer, in case you can start some of it.
Mayor Ferre: Mr. Fine, the City of Miami, like Metropolitan
Dade County and Broward County and Ft. Lauderdale and Palm
Beach and other City Commissions that I've attended has an
agenda. But you know agendas, when you have 70 items on the
agenda you cannot say that Item 48 was heard at 5:03
precisely. We'll try our very best to start as quickly and
as close to 5:00 as possible.
Mr. Fine: Just to clarify�
the record I didn't mean to
indicate to start it, I'm Just saying we wanted to make
certain you wouldn't start before 5:00 and we wouldn't be
here. So 5:00 is fine.
s
Ms. Susan Cohen: Mr. Mayor, I'm Susan Cohen, Attorney for
the Homeowner's Association, Tigertail Association, Coconut
Grove Civic Club. We appreciate your setting a time for
xs,
this, the items are 48 through 51 that we're concerned
q
about. We agreed to a time after 5:00 O'Clock, as long as
we do not waive any kind of legal objections or anything ...
- - - - -- - - - - - - - - -- - - -- ---- - - - - - --- - - - - -------- -- ---- -- --- --- --
2. PRESENTATIONS, PLAQUES, PROCLAMATIONS A SPECIAL ITEMS.
r,
------------------------------------------------------------
A. Presentation of Commendation to Professor Carlo
Ambrosino for his contributions to our community.
B. Presentation of Commendation to Police Officers Leandro
Leal and Miguel Perez as Most Outstanding Officers of
the Month for November, 1984.
C. Presentation of Commendation to Margarita Alemani, for
Silver Bluff Elementary School for their involvement in
community work.
D. Presentation of Keys to the City to:
Miss Universe, 1984, Yvonne Ryding.
Miss U.S.A., 1984, Mai Shanley.
Miss Teen U.S.A., 1984, Cherise Haugens.
E. Presentation of Distinguished Visitor Proclamation to
Miss Olga Calderon, Miss Teen U.S.A., Oregon, 1985.
}--------- --------------------- ---------------------------
4
RT 2 January 10, 1985
3. DISCUSSION ITEM:
APPOINTING DAVID
this meeting).
PROPOSED RECONSIDERATION OF MOTION
WEAVER TO O.S.P.A. (Not acted upon at
-----------------------------------------------------------
Mayor Ferre: We now have non-scheduled agenda items and so,
therefore, we will begin with pocket items and Commissioner
Dawkins, we'll begin with you today, sir.
Mr. Dawkins: Mr. Mayor, the first pocket item I have is
going to be very controversial, I think. But at one of our
meetings, Mr. Weaver was nominated by request to be named
Chairman of the Off -Street Parking Board. He was approved
and then they came back and it was defeated and I think at
one time you proved that Mason's Rules of Order says that
you do not have to be on the prevailing side for
revisitation.
Mayor Ferre: That's right.
Mr. Dawkins: So, therefore, I would like to move that Mr.
Weaver be appointed as Chairman of the Off -Street Parking
Board as requested by his peers serving with him on the
board.
Mayor Ferre: Commissioner, I'll recognize that and I would
request that you wait until a full Commission is here. I
will probably be voting with you but I would like, I think
so that people don't start screaming about we're doing
things without them being present, let us wait until we have
a full Commission - and by the way, the motion should be a
reconsideration of the previous motion for the appointment
of David Weaver to the Off -Street Parking Authority, not as
Chairman, because we don't appoint the Chairman, they select
their own Chairman. I will recognize you later on on that.
4. WAIVE FEE FOR USE OF COCONUT GROVE EXHIBITION CENTER FOR
OMEGA PSI PHI FRATERNITY - ANNUAL DANCE, FEBRUARY 22,
1985.
Mr. Dawkins: The other one I have is that the Omega Psi Phi
Fraternity, they were supposed to use the Bayfront
Auditorium and they can no longer use it and they cannot
afford the fee for the Dinner Key and I would like to ask
that the fee be waived for them on February 22nd, when they
are going to have their dance.
The following motion was introduced by Commissioner
Dawkins, who moved its adoption:
MOTION NO. 85-1
A MOTION GRANTING A REQUEST MADE BY
REPRESENTATIVES OF THE "OMEGA PSI PHI
FRATERNITY" IN CONNECTION WITH THEIR
ANNUAL DANCE WHICH WAS PREVIOUSLY
SCHEDULED TO TAKE PLACE AT BAYFRONT PARK
AUDITORIUM, FURTHER AUTHORIZING THE CITY
MANAGER TO WAIVE THE FEE FOR USE OF THE
COCONUT GROVE EXHIBITION HALL FACILITY
IN CONNECTION WITH SAID EVENT ON
FEBRUARY 22, 1985.
RT
�3
January 10, 1985
Upon being seconded by Commissioner Plummer, the motion
"J was passed and adopted by the following vote-
&� u: 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.
- 5. DISCUSSION: GROUND BREAKING AND CONSTRUCTION SCHEDULE
FOR POLICE SUB STATIONS.
------------------------
Mr. Dawkins: The other pocket item I have, Mr. Mayor, you
-
know that the City of Miami voted on a bond issue to build a
police station. When Mr. Gary was here that was supposed to
have been placed on a fast track schedule, whatever that
means. And up to now, nothing has happened. I would like
to know from the Manager, and if he cannot give it to me
now, by tomorrow afternoon, a schedule of when I can expect
the architect to be chosen, when I can expect the bids to go
out and when I can expect ground be broken because we have
money to do this with and we're not doing it.
Mr. Rosencrantz: Commissioner Dawkins, I will get that
date, I do not have it readily available.
x�
Mr. Dawkins: I can understand that, no problem, Mr.
Manager.
Mr. Rosencrantz: I will get that data for you, I do not
have it readily available. However, I would point out, this
morning at 11:00 O'Clock the City will be receiving bids on
some notes to borrow about $12,000,000 on short term. Part
A;
of that money will be used to fund the sub -station.
Mr. Dawkins: No way, I beg your pardon, sir. Hold it, now
wait, Mr. Manager, we specifically passed a bond issue and
in that bond issue $5,000,000 was allocated for a sub-
station in Little Havana and $5,000,000 for a sub -station in
Overtown. I also passed a motion that that money be put in
reserve and not touched until these stations were built. So
now, where is the problem?
Mr. Rosencrantz: The problem, sir, is we have not sold
those bonds. We plan to sell those bonds this spring. The
money that we will be borrowing this morning will be a short
term note...
Mr. Dawkins: No way, you've already spent money out of
these bonds. Okay, I'll tell you what, Mr. Manager, you
are... Let's me and you get together and work this out
between me and you. Okay? Because we're... I mean I have
no problem with it and I'm sure that once you and I sit down
we can work it out. Okay?
RT 4 January 10, 1985
Mr. Rosencrantz: I'm sure.
-�-��----------r..r-------------------------------
6. COMMISSIONER DAWKINS REQUESTS CLARIFICATION OF GARBAGE
BILLS RECENTLY MAILED.
------------------------------------------------------------
Mr. Dawkins: Mr. Manager, I would like for someone to
explain to me so that we can get it into the newspapers or
the media some way, the new garbage bill because I got my
waste bill yesterday because I'm on the Commission and I
don't know what it is. So, if you want to do that by
releasing a news release or something, I have no problem
with it.
Mr. Rosencrantz: We will do that.
7. DISCUSSION: HIRING OF POLICE OFFICERS, ETC.
Mr. Dawkins: The other thing I have, Mr. Manager, is that
prior - and this is not your doing, please, I want everybody
to understand. This was prior to your getting to where you
are. We agreed to hire policemen. We also agreed to hire
one sanitation worker for every policeman. We put on ten new
policemen and we did not hire one sanitation worker. Now, I
would like to know from you today when can I expect these
ten sanitation workers to go to work?
Mr. Rosencrantz: Commissioner Dawkins, I think it might be
appropriate if you give me a little time to check that out
and come back to you with an answer, if you would, please.
Mr. Dawkins: No problem, thank you, I appreciate that, sir.
8. AUTHORIZE CITY CLEANUP SERVICES FOR TIC[ERTAPE PARADE IF
DOLPHINS WIN SUPER BOWL III.
Mr. Plummer: Mr. Mayor, the only thing, it's not my pocket
item, I was asked to bring up. I'll just read the memo, I'm
sure it will be agreeable. This is from Cesar Odio. I was
contacted yesterday by the County Manager's Office in regard
to a Ticker Tape Parade, should the Dolphins win the Super
Bowl. The first meeting on this subject was set up for
Friday, tomorrow at 2:00 P.M. at the Hyatt on the 4th floor
in the Host Committee Office. City and County officials
will attend.
Mayor Ferre: I'm sure you and Joe Robbie are going to ride
in the same car.
Mr. Plummer: As long as it is an extremely long limousine,
sir, I have no problem with that.
Mayor Ferre: He has a place for you - and it is right under
the hood.
Mr. Plummer: You're almost right, Mr. Mayor, I am
furnishing the car and it has a very wide back door. I
think, Mr. Mayor, what they are really asking for in this
memo is that the City will participate to the extent of
RT
5
January 10, 1985
4
R11
u �=
picking up our part of whatever the expense would be which
4,
primarily would be clean up and some police.
Mayor Ferre: Do you want to make a motion?
Mr. Plummer: I so move, Mr. Mayor.
Mr. Dawkins: I second it, Mr. Mayor.
Mayor Ferre: It has been moved and seconded, and let the
record reflect that there are three people on this
Commission who - and I repeat, will not be invited on the
Dolphin Jet to go to San Francisco this year and you're
�?
looking at them. Is there anything else?
Mr. Plummer: Yes, I hope like crazy they do what needs to
be done and win it for the City of Miami.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
4
MOTION NO. 85-2
A MOTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO GRANT IN -KIND SERVICES
AS MAY BE REQUIRED, INCLUDING POLICE,
SANITATION AND OTHER SERVICES, IF A
TICKER -TAPE PARADE IS HELD FOR THE
"MIAMI DOLPHINS" AFTER THE SUPERBOWL.
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.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
ON ROLL CALL:
Mr. Dawkins: Yes. I regret I will not be on the jet, but I
will be in front of my TV.
9. PERSONAL APPEARANCE: JULIA DAWSON REQUESTING FUNDING
FOR A PROGRAM FOR THE HEARING IMPAIRED.
Mayor Ferre: Julia Dawson is requesting that the City help
fund Women's History Week and so the Chair recognizes Ms.
Dawson.
I Ms. Julia Dawson: Thank you, Mr. Mayor. The name is Julia
Dawson. I am at 1137 N.E. 123rd Street and I am here on
i behalf of the Community Coalition that is working for the
second year in this community on putting on events
j surrounding Women's History which is celebrated in the first
couple of weeks of March to include March 8th which is
International Wo:nen's Day. And I felt that this event was
particularly appropriate for City support since the majority
of the events will be taking place in the City of Miami,
I Miami Dade Community College, Mitchell Wolfson Campus was
our focus last year and will be again this year for the on-
going events as well as our major event which is a concert
=„ RT 6 January 100 1985
Y`
by an internationally known group of black women singers,
'
Sweet Honey and the Rock. We will have other
internationally known people - Robin Morgan will be
-
attending. Her latest book which has
g just been released is
"Sisterhood is Global" and this will be the theme of Women's
History Week here in this community this year. We have also
made a concerted effort to be sure that all of the events
are accessible to the differently abled. For example, Sweet
Honey and the Rock includes a signer for the hearing
impaired with their performance and we have budgeted for
signers for the hearing impaired for our other events as
well as assistance for those who may need physical
_
assistance to attend the events in Women's History Week. It
does have an international theme, we will be focusing on
both the variety of the experiences women have had
throughout history as well as the common bonds that women
share in their daily endeavours and I would respectfully
request that the Commission consider supporting this event.
We are requesting $5,000. We have a total budget of
$28,250. We have a first approval for the County for a
$5,000 grant. We have $6,500 pledged in private, corporate
and foundation financial support with the possibility of
some additional funds and there will be some revenue raised
from the Sweet Honey and the Rock concert which we hope to
use to provide child care scholarships for women who are
financially distressed and who wish to continue their
education at institutions such as Miami Dade.
Mayor Ferre: Ms. Dawson, let me ask of you. Have you gone
through the proper administrative procedure? Have you asked
a
the administration for these funds or are you just coming
directly to the Commission?
Ms. Dawson: I have come directly to the Commission because
�S
I did not know the other procedure.
�y
'
Mayor Ferre: Well, it doesn't work that way here because
you know, it has to go through the administration and so,
fY
therefore, our rules are here that you must get together
with the administration. It must have either their
z
recommendation for approval or denial and sometimes when
they recommend to deny we override and then we make the
grant anyway. But they will give you the guidelines, you
r
need to have a matching fund from Metro which you say you
have. You need to have private sector participation which
c
you say you have. When is the timing of all of this?
f
Ms. Dawson: The events will be taking place the first two
_tY
weeks of March, March 3 through March 16th.
�}t
Mayor Ferre: So we have time between now and then for you,
Manager,
so Mr. g , if you would appoint the proper person to
coordinate this with Ms. Dawson, we'll see you back here
after we have a recommendation from the administration.
Ms. Dawson: Thank you very much.
5
T,
Mayor Ferre: Thank you.
------------------------------------------------------------
�`r:
10. PERSONAL APPEARANCE: REV. JONATHAN ROLLE REQUESTING
PERMISSION TO USE AFRICAN SQUARE PARK FOR FUND RAISER.
------------------------------------------------------------
Mayor Ferre: All right, the next person I have here is Rev.
Jonathan Rolle who wants to speak to us about Africa to
Africa Food Day on the Ethiopian hunger problem which, of
course, is tragic and we all have seen.
RT 7 January 10, 1985
Rev. Jonathan Rolle: God bless them, Mayor and
Commissioner. First, give me praise of God for being here.
I wanted to say that and bring it to your attention that on
January 19th beginning at 2:00 P.M., we are having a march
and a rally on behalf of the starving Ethiopians that are in
Africa dying from 10,000 to 200000 a day without food. This
rally is also about the Africans that are inside of the City
of Miami, Dade County, Florida that is poor and hungry too.
We call it Food Day from Africa to Africa. We are raising
food for those who are in the City of Miami, Dade County,
Florida that they can get food as well to eat as well as
sending food over to Africa to Ethiopia. There are
different organizations that will be involved in this
movement. We have Southern Christian Leadership, Operation
PUSH, NAACP and we have the many ministers here that will be
involved in a movement and a fund raising drive here to see
that those foods can reach with the Red Cross and that the
food can come from the Red Cross and be in its care for
giving it to those who are in need in Africa. I ask the
City that the African Square Park is the destination of the
march that we are planning on rallying at. I'm asking for
the City to give us permission that we can use that park and
if there is any fee on there that it can be waived so that
we can rally those food and put in those trucks. And the
Red Cross will be in charge and Willard University will be
in charge of the food that is being distributed back over to
Africa.
Mayor Ferre: Rev. Rolle, what is it you want from the City
of Miami other than the usage of African Square Park?
Rev. Rolle: I would like to have, if it is possible, I
would like to have some type of microphones or whatever set
up there because many ministers....
Mayor Ferre: Have you talked to the administration on this?
Rev. Rolle: No, sir, I haven't brought it to their
attention yet.
Mayor Ferre: Mr. Kern, through you, Mr. Manager, to Mr.
Kern, is his request an unreasonable request.
Mr. Kern: We have no problem with that at all.
Mayor Ferre: There's no problem?
Mr. Kern: No, we'd be glad to help.
Mayor Ferre: Do we need a motion to that affect?
Mr. Kern: That is purely an administrative sort of thing.
Mayor Ferre: I don't think you need a motion. Well, thank
you very much.
Rev. Rolle: And I'd like to say in this in the closing,
first of giving respect and honor to the Commissioners and
the move that they took yesterday and their decision. May
God bless you and continue because the minority has been
represented and we will help you.
RT 8 January 10, 1985
0 0,
Mayor Ferre: All right, thank you Rev. Rolle.
- -- - - - - - - --- - - - - - -- - - - - - -- -- - -- - - - - - - -- - - - - - - -- -- -- -- - - --
11. DISCUSSIONt UNDERUTILIZATION OF GYM FACILITIES IN THE
FIRE DEPARTMENT.
-------------- --------------------------------- -------------
Mayor Ferre: The last thing that I had, Mr. Manager, is the
other day I had the opportunity to go see the gym at the
Fire Department. It is the best equipped gym in the State
of Florida and I understand it is the best Nautilus Gym in
the United States, there is no other gym that has those
facilities. I asked the director how many people he
processes through there during a week and he told me that it
averaged 30. In view of the fact that we have a Police
Department that has well over 500 Police Officers, I mean a
Fire Department and the Police Department has 1100 people,
it seems to me incredible that such a magnificent and good
facility is not used more. I would, therefore, like to ask
that you sit down with the Fire Chief and you see, and come
back to the Commission and report to us to see if we can
open up that gym on a priority basis first for Firefighters
because it is their facility and secondly for the members of
the Police Department. In other words, any life saving
department or employees. And then beyond that, just open to
any City employee who wants to take advantage. I would say
to the Sanitation Department and to the Association
represented here by Mr. Smith and Peter, that they have a
couple of machines there that I understand have been used in
other places for lower back and upper back strengthening and
I understand that there are some cities in America where it
..I
is a requirement for a member of the Sanitation Department
who is going to be lifting anything more than 25 pounds to,
you know, go through that and it saves people from going to
the hospital. I understand the worst problem in the
Sanitation Department in health is back problems. People
just throw their backs off and that is a tough physical
strain and that it might be a very very advisable thing for
us to use these fantastic facilities for all the employees
_
of the City of Miami. And I would like for you to come back
_~
with a recommendation.
Mr. Rosencrantz: We will surely do that, Mr. Mayor.
12. PERSONAL APPEARANCE: RAPHAEL MERMAN CONCERNING METHODS
USED IN THE SELECTION OF THE CHIEF OF POLICE.
------------------------------------------------------------
Mr. Carollo: Mr. Mayor, I have one pocket item, rather
should give the opportunity to an individual that asked to
be heard this morning. His name is Raphael Herman and, if
he could come up and speak, I really don't know what areas
he would like to cover, but I think it has to do with the
topic of the Police Department. Sir. For the record, I
would like to say I do not know this gentleman, he just
asked to be heard and I told him that I would give him the
opportunity to be heard.
Mr. Raphael Herman: Thank you. Mr. Mayor, Vice -Mayor and
members of the City Commission, my name is Raphael Herman.
I am a former Mayor the City of Miami Beach. I am a former
Israeli Commando Marines. I am, in fact, a teacher of
Commando Marines in the military, fought in two wars in
Israel. When I was 21 years old I fought in the 67 day war.
' RT 9 January 10, 1985
When I was 27, in the October War in 1973• I was trained to
fight terrorism. I don't have police experience but I have
military experience and I don't have to tell to all of you
the Israeli experience in the military and especially me
when I am well trained in military how to fight terrorism
and all that stuff. But this is not the point. Last week I
heard in the news that the Chief of Police is resigning.
The second day I decided to call City Hall, I called all the
Commissioners including the Mayor and the City Manager, left
a message to all of them, my name, my phone number that I am
interested in the job. Well, I waited all the week -end,
nobody called me. Monday morning, January 79, 9:00 in the
morning I was here in City Hall serving the City Manager
with an original copy, the City Commissioners, the Mayor
with a copy of that resume. I signed your name stamped of
each one of them so they cannot say in a future time they
never received a resume from me. Well, I wasted all day in
City Hall. Finally, at 4:00 P.M., 4:18 P.M., I came back to
the City Manager, i served him with another letter that I
request a meeting with him. His secretary denied me,
refused to arrange an appointment. I catched the City
Manager in the hall outside and I told him, "I am a
candidate, I am interested in the job, I want to meet with
you". I was told, "I don't have time, for this position
right now, we have much worse problems to resolve and we
don't have time to look for a Police Chief right now".
Well, this is baloney because I don't buy it and I am not
naive. But this is not the point right now. Yesterday when
I was here at City Hall, when the new Chief of Police was
announced, I want to make it very clear right now I have
nothing, absolutely against the new Chief of Police was
elected because I wish him good luck and I hope he will be
the best Chief of Police of this City. But I am not here to
attack him, I am here because I was discriminated by the
City Manager refusing to interview me and at least to know
who I am and what I am and what is my capacity. The reason
I am here this morning, I am hurt because yesterday by
somebody official from your administration told me that we
are looking for someone only from inside and not from the
outside. To me, this is discrimination. You cannot
discriminate in this Country. In October, 1983, when the
City of Miami Beach voted together, all the Commissioners
and the Mayor to close the bridges of Miami Beach for the
Cubans. I, as a Jewish person, as an Israeli, I fight City
Hall and I was against closing the bridges of Miami Beach to
check all the Cubans because I am against discrimination and
I asked the City Commission of Miami Beach 5 times to
apologize to the Cuban community. Here, I have the minutes
report in front of me, you can look into it and you can read
word by word what I am saying here. Well, what I want to
say here right now is I am a person who is against
discrimination. I might lose a job with the City of Miami
or maybe a high salary but the City of Miami community, the
entire community - the black community, the Cuban community,
the Anglo, they are losing a good qualified person who can
bring the entire community together and make peace because
your community right now is divided - too much hatred in
this community. I am a person with a lot of experience. I
can take tow enemies, bring them together and make peace
between them. So strong I am motivated and so strong I can
do my job very very well. Well, I cannot tell to this
administration who to hire, you don't have to hire me. But
one thing that I am really hurt right now, I was
discriminated by your administration. At least the City
Manager who arranged an appointment with me, to meet with
me, to see my qualification, if I am qualified or not
qualified and then he will make a final decision if I am the
right person or not. I am not here to dictate him who to
pick up for the Chief Police because I have no right, but I
was entitled like anybody in this Country to be interviewed.
RT 10 January 10, 1985
After all, all of you here in this room have to think one
thing in your mind - the former Chief of Police, he resigned
because of political problems but this is not my problem
too. What I want to say right now here is this
administration instead to interview people to search for the
right person so you will not have one dozen Police Chiefs
exchanged in one year or two years, instead to interview as
many as possible and then finally to find the most
respectful person who can resolve the problem of your
community, a person who can manage the Police Department, a
person who can resolve the problem of the entire community
if there are blacks, Cuban, Anglo or Jewish or whatsoever,
and this administration, and I'm going to mention Mr.
Rosencrantz, the City Manager, he failed to do so. Well,
I'm not saying that the Chief of Police who was elected
yesterday, appointed, he is no good because I have nothing
against him personally and he might be a very good person
and a qualified person for this position but what I think
that you should interview as many people and then finally to
make a final decision and not rush rush rush - here, we want
this person and that person is going to be elected. Well,
Mr. Mayor Ferre, please look at me, and I have some more to
tell you too.
Mayor Ferre: You can speak, and I recognize you. I am
listening to you, but I don't have to look at you. You go
ahead and speak.
Mr. Herman: But please listen to me. Mr. Mayor, I live in
Miami beach, across the bay from you but my eye is on your
City and my ears all the time day and night. I don't have
to come to the City Commission or to live in the City of
Miami, I know exactly what is happer:ing in your City day by
day. The black community was trying to remove you from
office and I don't have to go into details how and why - you
know that, the public knows that. There is one thing in my
mind right now which I am sure to the media that you, as the
Mayor, ordered the City Manager who to select the Chief of
Police and I am going to express myself. What I mean by
that, you have problems with the black community right now,
you are afraid that in November this year you are not going
to be re-elected and, therefore, the black community has a
lot of hatred against against you because you fired the ex -
City manager and now, to buy their hearts back you are
trying to put a black Chief of Police so you can regain back
the popularity of the black community. Well, I listened to
the news yesterday. Not all the black leaders agreed for
you to appoint and they also said very openly that you did
this to regain the popularity of the black community and
they are going to use their brains and minds and not be
naive. Well, Mr. Mayor, I want to be on record for one more
thing. The City Manager here is temporary. You spent
$12,000 with a California firm to look for a new City
Manager. Well, that reason is only one reason and I am the
only one here who knows what is the reason. He is not going
to remain the City Manager here for a very long time.
Eventually you are going to have a new City Manager. The
City Manager who is going to be here, I'm going to tell you
straight on record, is going to be Mr. Rob W. Parkins, the
City Manager of the City of Miami Beach. You are a very
good friend of him, I was in his office many times when you
had conversations on the phone with him. He is probably
making in the City of Miami Beach $65,000 a year and here,
of course, he will make at least $85,000 or $90,000. Now,
the City Manager of the City of Miami Beach is in big
trouble right now violating the law trying to make a major
of the Police Department over there tell he was involved in
gambling and when he will be cleaned .from his prosecutions
against him then you can bring him here and make him to be
the City Manager. So that is why you appointed that office
RT 11 January 10, 1985
in California to look for a new City Manager, just to save
time by the time he will be clean he will be appointed the
City Manager of the City of Miami. Well, I want to warn all
of you in the City of Miami, Mr. Parkins he is a very bad
person, bad reputation. Don't laugh at me, Mr. Mayor, he is
a bad person and you can check the records. As a matter of
fact, I personally intend to bring a lawsuit against him
because last November in '83 when I was a candidate for
Mayor of the City of Miami Beach Mr. Parkins charged me on
false arrest, managed to arrest me and put me in put me in
jail for a few hours so I will not be elected Mayor of the
City of Miami Beach. Those were false charges, I was
prosecuted for one error. The charges were dismissed in
court. The City of Miami Beach, the Police Department, they
appeared on my case in court, I went through the appeal
process and I win the appeal too. Well, I am going to bring
charges against the City Manager and, please, think twice
before you are going to bring him to the City of Miami
because if you are going to bring him here you are going to
face a lot of troubles in that City. Believe me. But I am
not going to tell to this administration what to do, this is
your problem, not mine. Finally, I want you to know that I
am not done with this administration, I am planning any
investigation and I went already yesterday to the Federal
government to investigate the case because I was
discriminated by your administration and, as I said, I am
not done with this office unless you are willing to arrange
an appointment with me, talk to me about the problem,
discuss it and then we shall decide and if not, I'm telling
you very honestly, I am a very stubborn person. I never
f'
give up, I am a fighter and I fight until I die. After all,
I was raised in Israel. Israeli mentality don't give up, we
_.,.
fight until we win. Well, Mr. Mayor, I want you to take my
claim very seriously right now and I want you to know one
{p=�,
more time before Z am going to sit down that I was
discriminated here in your City and because of that I want
you to arrange an investigation and have a meeting with me
'j
i
here because if you are not, believe me, I am going to
travel all over the community and say exactly what happened
h
here. That's all I have to say. I want to thank to all of
you for your time, patience and I appreciate it. Thank you
and have a good day.
Mayor Ferre: Thank you, sir. Are there any other pocket
items?
Mr. Carollo: Mr. Mayor, if I may for the record again, the
first time that I have laid eyes on this gentleman here was
yesterday when he started asking me questions before the
Fmk.
news media. I asked him to identify himself, what media he
�,...
was in, he said he was not and started trying to tell me
2f
what happened to him with this process and that is when I
'-!
told him if he wanted to discuss that the City Commission
was the appropriate place and I just want to make that clear
5
for the record.
------------------------------------------------------------
13. BRIEF DISCUSSION: COMPREHENSIVE FESTIVAL FUNDING POLICY
(To be discussed at next meeting) .
------------------------------------------------------------
Mayor Ferre: Discussion regarding Festival Policy which is
Item B.
Mr. Rosenerantz: Mr. Mayor, the City Commission at their
last meeting or the meeting before that indicated that you
wanted a comprehensive festival policy. At the time, my
response to the City Commission was we would try to develop
RT 12 January 10, 1985
a comprehensive policy and have it to you in February. We
have not had a chance to complete the policy although we do
have some draft work that has been accomplished. I would
like to request the City Commission to reschedule this item
until your next City Commission Meeting, at that time we
should be able to present to you a comprehensive policy.
Mayor Ferre: Is that acceptable to members of the
Commission? Any problems?
---------------------------------------------------
14. CONSENT AGENDA.
- -- - - - -- - ------ --- - - -- - -- - -- -- -- - - - - -- - - - - ------ ---- - -- -----
Mayor Ferre: Are there any items on the Consent agenda
between items 4 and 27 that need to be withdrawn?
Mr. Dawkins: No, but Mr. mayor, I have some concerns.
Mayor Ferre: Go right ahead.
Mr. Dawkins: Mr. Manager, in the past administrations, what
did the Managers use the Utility Service Tax monies for?
Mr. Rosencrantz: There is going to be a discussion of the
11, utility Service Tax later on today, it is a different item
Al
on the agenda, it is Item 36, I believe.
Mr. Dawkins: Do you know if any other administration prior
to this administration used any of the Utility Service Tax
funds to fund social programs?
? Mr. Rosencrantz: The utility Service Tax comes into the
j General Fund of the City so any money that would go out of
ii the General Fund could, in fact, be part of the Utility
i Service Tax.
Mr. Dawkins: Now, we do know that AT & T has failed or say
they're not going to pay the Utility Service Tax, is that
right?
Mr. Rosencrantz: There is a certain portion of it that
there is a question about payment.
Mr. Dawkins: Well, that means that we'll have a General
Fund shortage, is that correct?
Mr. Rosencrantz: No, not exactly, Commissioner Dawkins, in
getting together this year's budget, and I think the former
City Manager explained this to the City Commission, that we
estimated less revenue from that source this year than we
had in prior years and now the money that we have estimated
to be received from the utility Service Tax this year has
been lower over prior years but it is an amount of money
that we do think that we will receive. However, if we are
successful in some of our lawsuits we may receive more than
we originally estimated.
Mr. Dawkins: Then can you and i both go on record now
saying that irregardless of what happens that in no way will
the funding of social programs with this money mean higher
taxes for me and other citizens of Miami next year to
provide critical services of Fire, Police, Sanitation and
Recreation?
Mr. Rosencrantz: Commissioner Dawkins, the decision as to
the use of City funds is something that is within the
purview of the City Commission as you develop the budget for
RT 13 January 10, 1985
i
next year. Traditionally, in the past, you have followed a
q 5'
"
process of developing that budget and allotting certain
<<
funds as revenue and certain other things as expenditures
and I believe that the practice has been also that there are
certain programs that are funded from the General Fund that
could be of a social nature. To answer your question
�..-
specifically, whether taxes have to be raised next year to
fund social programs, I think that is a question only the
City Commission can answer as they develop the 1985-86
Sk ,.
3:-
budget.
Mr. Dawkins: Thank you, Mr. Manager.
Mayor Ferre: All right, we're now on the Consent Agenda.
Mr. Plummer: Mr. Mayor, I'd like Item 18 removed.
Mayor Ferre: Any other items that require separate
consideration? Any other items on the Consent Agenda? 4
through 27, except 18.
The following resolutions were introduced by
Commissioner Plummer, seconded by Commissioner Dawkins and
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.
14.1 ALLOCATE $17,500 TO CAREY TECHNICAL INSTITUTE FOR
COMPUTER REPAIR TRAINING PROJECT.
RESOLUTION NO. 85-3
A RESOLUTION ALLOCATING $17,500 TO THE
CAREY TECHNICAL INSTITUTE FROM EXCESS
REVENUES FROM UTILITY SERVICE TAXES FOR
THE PURPOSE OF CONTINUING THE COMPUTER
REPAIR TRAINING PROJECT FOR THE PERIOD
FEBRUARY 1-289 1985 AND FURTHER
AUTHORIZING THE CITY MANAGER TO AMEND
THE EXISTING 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).
14.2 ALLOCATE $350 TO THE ONE ART, INC. A
AUTHORIZE CITY MANAGER TO ENTER INTO
# AGREEMENT.
RESOLUTION NO. 85-4
A RESOLUTION ALLOCATING A TOTAL OF $350
TO THE ONE ART, INC. FROM EXCESS
REVENUES FROM UTILITY SERVICE TAXES AND
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).
RT 14 January 10, 1985
■
0
•
u.N
I
14.3 ALLOCATE $609000 TO PUERTO RICAN OPPORTUNITY
CENTER FOR EMPLOYMENT REFERRAL/PLACEMENT AND JOB
SKILLS TRAINING PROJECT IN WYNWOOD TARGET AREA.
RESOLUTION NO. 85-5
A RESOLUTION ALLOCATING $609000 TO THE
PUERTO RICAN OPPORTUNITY CENTER FROM
EXCESS REVENUES FROM UTILITY SERVICE
TAXES FOR THE PURPOSE OF CONTINUING THE
EMPLOYMENT REFERRAL/PLACEMENT AND JOB
SKILLS TRAINING PROJECT IN THE WYNWOOD
TARGET AREA FOR THE PERIOD FEBRUARY 1,
1985 AND FURTHER AUTHORIZING THE CITY
MANAGER TO AMEND THE EXISTING 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).
14.4 ALLOCATE $15,000 TO COCONUT GROVE ASSOCIATION,
INC. - 1985 COCONUT GROVE ARTS FESTIVAL.
RESOLUTION NO. 85-6
A RESOLUTION ALLOCATING AN AMOUNT NOT TO
EXCEED $159000 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND, TO COCONUT
GROVE ASSOCIATION, INC., IN CONNECTION
WITH THE 1985 COCONUT GROVE ARTS
FESTIVAL; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT SUBJECT
TO THE APPROVAL OF THE CITY ATTORNEY.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk).
14.5 APPROVE ALLOCATION OF $532.45 FOR IN -KIND SERVICES -
KING MANGO STRUT PARADE.
RESOLUTION NO. 85-7
A RESOLUTION APPROVING AN ALLOCATION OF
$532.45 FROM THE OPERATING BUDGETS OF
THE DEPARTMENTS OF POLICE AND FIRE FOR
IN -KIND SERVICES IN SUPPORT OF THE KING
MANGO STRUT PARADE HELD IN MIAMI ON
DECEMBER 30, 1984; SAID ALLOCATION BEING
CONDITIONED UPON SUBSTANTIAL COMPLIANCE
WITH CITY OF MIAMI ADMINISTRATIVE POLICY
NO. APM-1-84, DATED JANUARY 24, 1984.
(Here follows body of resolution,
omitted here and on file in the Office
RT
15
January 10, 1985
0
9
of the City Clerk).
14.6 ALLOCATE $49500 TO COVER
COCONUT GROVE EXHIBITION
OF Mr. ALEXIS FARIS.
COST OF RENTAL FEE -
CENTER - 26TH ANNIVERSARY
RESOLUTION NO. 85-8
A RESOLUTION ALLOCATING THE AMOUNT OF
$49500 FROM SPECIAL PROGRAMS AND
ACCOUNTS, QUALITY OF LIFE FUND, TO COVER
THE COST OF WAIVING THE RENTAL FEE OF
THE COCONUT GROVE EXHIBITION CENTER FOR
A DANCE HELD SEPTEMBER 15, 1984 IN
CONNECTION WITH THE 26TH ANNIVERSARY OF
Mr. ALEXIS FARIS, A DISTINGUISHED RADIO
PERSONALITY IN THIS COMMUNITY, SAID
ALLOCATION BEING CONDITIONED UPON
SUBSTANTIAL COMPLIANCE WITH CITY OF
MIAMI ADMINISTRATIVE POLICY NO. APM-1-
849 DATED JANUARY 249 1984.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk).
ALLOCATE $4,068 IN IN -KIND SERVICES FOR FORMAL
OPENING & DEDICATION OF OF WRLN-CHANNEL 17.
RESOLUTION NO. 85-9
A RESOLUTION ALLOCATING THE AMOUNT OF
$4,068 IN IN -KIND SERVICES FROM THE
BUDGETS OF THE DEPARTMENTS OF PARKS AND
RECREATION, POLICE AND SOLID WASTE IN
CONNECTION WITH THE FORMAL OPENING AND
DEDICATION OF THE NEW FACILITY OF PUBLIC
TELEVISION STATION WLRN-CHANNEL 17 ON
NOVEMBER 17 AND 189 1984; FURTHER
GRANTING SAID STATION USE OF THE CITY'S
SHOWMOBILE; FURTHER WAIVING THE PERMIT
FEE FOR STREET CLOSURE; SAID ALLOCATION
AND WAIVER BEING CONDITIONED UPON
SUBSTANTIAL COMPLIANCE WITH CITY OF
MIAMI ADMINISTRATIVE POLICY NO. APM-1-84
DATED JANUARY 24, 1984.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk).
14.8 ALLOCATE $19850 FOR RENTAL FEES OF MIAMI MARINE
STADIUM AND GUSMAN CULTURAL CENTER BY
KINDERKONCERTS, INC.
RESOLUTION NO. 85-10
A RESOLUTION ALLOCATING THE AMOUNT OF
$1,850 FROM SPECIAL PROGRAMS AND
ACCOUNTS, QUALITY OF LIFE FUND, TO COVER
THE COST OF ONE DAY'S RENTAL FEES OF THE
MIAMI MARINE STADIUM AND GUSMAN CULTURAL
CENTER BY KINDERKONCERTS, INC.; SAID
ALLOCATION BEING CONDITIONED UPON
SUBSTANTIAL COMPLIANCE WITH CITY OF
MIAMI ADMINISTRATIVE POLICY NO. APM-1-
849 DATED JANUARY 249 1984.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk).
RT
16
January 10, 1965
14.9 ALLOCATE $145 TO COVER RENTAL FEE OF MANUEL ►RTIME
CONNffNTTT CISTRR FOR PRESENTATION OF READINGS BY
CUBAN POST DANIEL ROMAN.
RESOLUTION NO. 85-11
'
A RESOLUTION ALLOCATING THE AMOUNT OF
$145 FROM SPECIAL PROGRAMS AND ACCOUNTS,
=
QUALITY OF LIFE FUND, TO COVER THE COST
•:.
OF WAIVING THE RENTAL FEE OF THE MANUEL
ARTIME COMMUNITY CENTER FOR THE
PRESENTATION OF SELECTED READINGS BY
CUBAN POET DANIEL ROMAN FROM HIS BOOK OF
POEMS; SAID ALLOCATION BEING CONDITIONED
UPON SUBSTANTIAL COMPLIANCE WITH CITY OF
MIAMI ADMINISTRATIVE POLICY NO. APM-1-
84, DATED JANUARY 24, 1984.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk).
14.10 ALLOCATE $49500 TO COVER RENTAL FEE FOR ORANGE BOWL
STADIUM - SWEAR -IN CEREMONY FOR 10,000 PEOPLE.
RESOLUTION NO. 85-12
A RESOLUTION ALLOCATING A SUM NOT TO
EXCEED $49500 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND, TO COVER THE
-'=
COST OF WAIVING THE RENTAL FEE FOR THE
ORANGE BOWL STADIUM IN CONNECTION WITH
THE PROCESSING OFF DOCUMENTS AND FINAL
r
SWEARING -IN CEREMONY FOR 10,000 PEOPLE
ON SEPTEMBER 179 1984; SAID ALLOCATION
t
BEING CONDITIONED UPON SUBSTANTIAL
t
COMPLIANCE WITH CITY OF MIAMI
;A
ADMINISTRATIVE POLICY NO. APM-1-849
DATED JANUARY 249 1984.
r, (Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk) .
14. 11 ALLOCATE $3, 065 FOR IN -KIND SERVICES ► FEE WAIVERS
IN CONNECTION WITH THE JOSE MARTI PARADE.
RESOLUTION NO. 85-13
A RESOLUTION ALLOCATING AN AMOUNT NOT TO
EXCEED $39065 FOR IN -KIND SERVICES AND
f=
'
FEE WAIVERS FROM THE OPERATING BUDGETS
OF THE DEPARTMENTS OF POLICE, FIRE
RESCUE AND INSPECTION SERVICES, PARKS
{
AND RECREATION, BUILDING AND VEHICLE
MAINTENANCE AND OFFICE OF INFORMATION
AND VISITORS IN CONNECTION WITH THE JOSE
MARTI PARADE, CITY -CO -SPONSORED WITH
BILINGUAL PRIVATE SCHOOL ASSOCIATION
(BIPRISA), SCHEDULED FOR JANUARY 289
1985; FURTHER ALLOCATING AN AMOUNT NOT
'
TO EXCEED $4,500 FROM SPECIAL PROGRAMS
AND ACCOUNTS, CONTINGENT FUND, TO THE
ti
DEPARTMENT OF PARKS AND RECREATION FOR
q
MISCELLANEOUS PARADE EXPENSES; FURTHER
AUTHORIZING THE CLOSING OF STREETS ALONG
j
THE PARADE ROUTE SUBJECT TO THE ISSUANCE
OF PERMITS BY THE DEPARTMENTS OF POLICE
AND FIRE, RESCUE, AND INSPECTION
SERVICES.
RT 17 January 10, 1985
n
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk).
14.12 BID ACCEPTANCE! COMMUNITY ASPHALT CORP. FOR CITY
WIDE RESURFACING PROJECT.
RESOLUTION NO. 85-14
A RESOLUTION ACCEPTING THE BID OF
COMMUNITY ASPHALT CORPORATION IN THE
<.
proposed AMOUNT OF $652,691.00 TOTAL BID
TM
OF THE PROPOSAL, FOR CITY WIDE
RESURFACING PROJECT -
WYNWOOD/OVERTOWN/PARK WEST, WITH monies
THEREFOR ALLOCATED FROM THE "LOCAL
OPTION GAS TAX FUNDS" ACCOUNT IN THE
AMOUNT OF $652, 6g 1 .00 TO COVER THE
CONTRACT COST; ALLOCATING FROM SAID FUND
THE AMOUNT OF $91,377.00 TO COVER THE
COST OF PROJECT EXPENSE; ALLOCATING FROM
SAID FUND THE AMOUNT OF $13054.00 TO
COVER THE COST OF SUCH ITEMS AS
ADVERTISING, TESTING LABORATORIES, AND
POSTAGE; ALLOCATING FROM SAID FUND THE
,."
AMOUNT OF $3,786.00 TO COVER THE
INDIRECT COST AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID
FIRM.
(Here follows body of resolution,
f
omitted here and on file in the Office
of the City Clerk) .
T
14.13 BID ACCEPTANCE: P.N.H. CORP. FOR CITY WIDE HIGHWAY
�<
IMPROVEMENT - PHASE I
RESOLUTION NO. 85-15
A RESOLUTION ACCEPTING THE BID OF P.N.M.
CORPORATION IN THE PROPOSED AMOUNT OF
$3899649.94 TOTAL BID OF THE PROPOSAL,
FOR CITY WIDE HIGHWAY IMPROVEMENT -
PHASE I, WITH monies THEREFOR ALLOCATED
FROM THE "CITYWIDE PAVING IMPROVEMENTS"
ACCOUNT IN THE AMOUNT OF $389,649.94 TO
COVER THE CONTRACT COST; ALLOCATING FROM
SAID FUND THE AMOUNT OF $549550.06 TO
COVER THE COST OF PROJECT EXPENSE;
ALLOCATING FROM SAID FUND THE AMOUNT OF
$79793.00 TO COVER THE COST OF SUCH
ITEMS AS ADVERTISING, TESTING
LABORATORIES, AND POSTAGE; ALLOCATING
FROM SAID FUND THE AMOUNT OF $2,260.00
TO COVER INDIRECT COST; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM; AND DIRECTING THE CITY
CLERK TO PUBLISH A NOTICE OF PUBLIC
HEARING FOR OBJECTIONS TO THE ACCEPTANCE
BY THE CITY COMMISSION OF THE COMPLETED
CONSTRUCTION OF P.N.M. CORPORATION OF
CITY WIDE HIGHWAY IMPROVEMENT - PHASE I,
B-4497 AT N.W. 26 STREET (14-17 AVENUES)
AND S.W. 10 STREET (12-14 AVENUES) UPON
SATISFACTORY COMPLETION OF SAID
CONSTRUCTION; SAID NOTICE TO BE
PUBLISHED IN COMPLIANCE WITH THE
PROVISIONS OF RESOLUTION N0. 84-45,
ADOPTED JANUARY 19, 19849 CONCERNING THE
PUBLICATION OF CITY NOTICES.
RT 18 January 10, 1985
x
w
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk).
14.14 RESCIND CONTRACT - CARTWRIGHT VENTILATION, INC.;
ACCEPT DID OF ACME INDUSTRIAL SHEET METAL, INC. FOR
FURNISHING COOLING FANS A VENTILATION EQUIPMENT.
RESOLUTION NO. 85-16
A RESOLUTION RESCINDING THE CONTRACT
AWARDED UNDER RESOLUTION NO. 84-1239 TO
CARTWRIGHT VENTILATION, INC. FOR
FURNISHING COOLING FANS AND VENTILATION
EQUIPMENT, INCLUDING ALL LABOR AND
MATERIALS FOR INSTALLATION AT THE MAIN
MOTOR POOL SHOP IN THE AMOUNT OF
$59296.009 BECAUSE SAID FIRM FAILED TO
ACCEPT THE AWARD TO PROVIDE THE REQUIRED
EVIDENCE OF INSURANCE AND FAILED TO
BEGIN WORK WITHIN THE TIME STIPULATED IN
ITS BID PROPOSAL NO. 83-84-106; FURTHER
AUTHORIZING THE CITY ATTORNEY TO TAKE
THE NECESSARY LEGAL ACTION TO RECOVER
ALL OR PART OF THE CITY'S COSTS
RESULTING FROM SUCH FAILURE ON THE PART
OF CARTWRIGHT VENTILATION, INC.; FURTHER
ACCEPTING THE BID OF ACME INDUSTRIAL
SHEET METAL, INC., THE NEXT LOWEST
RESPONSIBLE AND RESPONSIVE BIDDER, FOR
FURNISHING SAID EQUIPMENT AT THAT CITY
FACILITY ON A SHORT-TERM CONTRACT BASIS
FOR THE DEPARTMENT OF BUILDING AND
VEHICLE MAINTENANCE AT A TOTAL PROPOSED
COST OF $7037.00 WITH FUNDS THEREFOR
PREVIOUSLY ALLOCATED UNDER RESOLUTION
NO. 84-1239 ADOPTED NOVEMBER 8, 1984 AND
WITH THE BALANCE OF FUNDS THEREFOR BEING
ALLOCATED FROM THE 1984-85 OPERATING
BUDGET FURTHER AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE PURCHASING
OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS EQUIPMENT.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk).
14.15 CLAIM SETTLEMENT - S. R. STERBENZ.
RESOLUTION NO. 85-17
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO S. R. STERBENZ THE SUM
OF SEVENTY-ONE THOUSAND DOLLARS
($719000.00) IN ACCORDANCE WITH THE
SCHEDULE AS SET FORTH IN THE ATTACHED
SETTLEMENT AGREEMENT, SAID PAYMENTS TO
BE MADE IN FULL AND COMPLETE SETTLEMENT
OF ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI AND THE MIAMI CITY GENERAL
EMPLOYEES' RETIREMENT PLAN, AND AS
CONSIDERATION FOR THE DISMISSAL OF THE
CASE OF S. R. STERBENZ VS. CITY OF
MIAMI, ETC., ET AL, CIRCUIT COURT CASE
NO. 78-16901 (03).
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk).
RT
19
January 10, 1985
3 Y d
F
14.16 CLAIM SETTLEMENT - THERSUIS SYLHOMME.
'
RESOLUTION N0. 85-18
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO THERSUIS SYLHOMME,
WITHOUT ADMISSION OF LIABILITY, THE SUM
OF $69000.00 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL 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).
14.17 CLAIM SETTLEMENT - SIMEON ALVAREZ.
RESOLUTION NO. 85-19
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO SIMEON ALVAREZ THE
;a.
AMOUNT OF $79000, WITHOUT THE ADMISSION
OF LIABILITY, IN FULL AND COMPLETE
_
SETTLEMENT OF ALL BODILY INJURY,
t>-
PERSONAL INJURY PROTECTION LIENS,
i"
WORKERS' COMPENSATION LIENS, CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI AND
ROBERTO SUAREZ, AND UPON EXECUTION OF A
RELEASE RELEASING THE CITY OF MIAMI AND
ROBERTO SUAREZ FROM ALL CLAIMS AND
DEMANDS.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk) .
Kad Y
14.18 CLAIM SETTLEMENT - DORA MARTINEZ A BALTAZAR
MARTINEZ.
RESOLUTION NO. 85-20
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO DORA MARTINEZ AND
BALTAZAR MARTINEZ, HER HUSBAND THE
AMOUNT OF $249000, WITHOUT THE ADMISSION
OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ALL BODILY INJURY,
PERSONAL INJURY PROTECTION LIENS,
WORKERS' COMPENSATION LIENS, CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI AND
DEYANIRA SUAREZ, AND UPON EXECUTION OF A
RELEASE RELEASING THE CITY OF MIAMI AND
DEYANIRA SUAREZ FROM ALL CLAIMS AND
DEMANDS.
(Here follows body of resolution,
omitted here and on file in the Office
RT 20 January 100 1985
of the City Clerk).
14.19 CLAIM SETTLEMENT DOLORES PAVON.
RESOLUTION NO. 85-21
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO DOLORES PAVON THE
AMOUNT OF $15,0009 WITHOUT THE ADMISSION
OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ALL BODILY INJURY,
PERSONAL INJURY PROTECTION LIENS,
WORKERS' COMPENSATION LIENS, CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI AND
MICHAEL WAYNE DANNELLY, AND UPON
EXECUTION OF A RELEASE RELEASING THE
CITY OF MIAMI AND MICHAEL WAYNE DANNELLY
FROM ALL CLAIMS AND DEMANDS.
h'
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk).
r 14.20 CLAIM SETTLEMENT - ANTHONY ANDOH.
RESOLUTION NO. 85-22
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO ANTHONY ANDOH THE SUM
Pt OF SEVEN THOUSAND SIX HUNDRED FIFTY
DOLLARS ($7,650.00) WITHOUT ANY
ADMISSION OF LIABILITY, IN FULL AND
w COMPLETE SETTLEMENT OF ALL BODILY
INJURY, PERSONAL INJURY, PROTECTION
LIENS, CLAIMS, DEMANDS AGAINST THE CITY
tOF MIAMI, AND UPON THE EXECUTION OF A
RELEASE, RELEASING THE CITY FROM ALL
.._..-_ .: CLAIMS AND COUNTERCLAIMS AND DEMANDS.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk).
14.21 BID ACCEPTANCE - P.R.I.D.E. OF FLORIDA & FEDAN TIRE
COMPANY FOR TIRE SERVICES TO DEPT. OF BUILDING &
VEHICLE MAINTENANCE.
RESOLUTION NO. 85-23
A RESOLUTION ACCEPTING THE BID OF
P.R.I.D.E. OF FLORIDA AT A TOTAL
proposed COST OF $70t000.00 AND FEDAN
TIRE COMPANY AT A TOTAL PROPOSED COST OF
$5000.00 FOR FURNISHING TIRE RECAPPING
AND REPAIR SERVICES TO THE DEPARTMENT OF
BUILDING AND VEHICLE MAINTENANCE AT A
TOTAL COST OF $75,000.00; ALLOCATING
FUNDS THEREFOR FROM THE 1984-85
OPERATING BUDGET OF THAT DEPARTMENT;
AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE PURCHASING OFFICER TO ISSUE PURCHASE
ORDERS FOR THIS SERVICE.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk).
14.22 BID ACCEPTANCE - ELLIS TOWER COMPANY, INC. FOR
FURNISHING ANTENNA TOWER.
RT 21 January 10, 1985
yam.
{
�14
akt "
RESOLUTION NO. 85-24
A RESOLUTION ACCEPTING THE BID OF ELLIS
"?
TOWER COMPANY, INC. FOR FURNISHING ONE
(1) ANTENNA TOWER�INCLUDING ALL LABOR
AND MATERIALS FORS
INSTALLATION TO THE
DEPARTMENT OF BUILDING ANDVEHICLE
-`
MAINTENANCE AT A TOTAL COST OF
';-
$199192.00; ALLOCATING FUNDS THEREFOR
FROM THE 1984-85 CAPITAL IMPROVEMENT
PROJECT FUND; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE PURCHASING
OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS EQUIPMENT.
(Here follows body of resolution
omitted here and on file in the Office
of the City Clerk).
u
14.23 AMEND RESOLUTION 84-1030 - JAMES E. SCOTT COMMUNITY
ASSOCIATION.
RESOLUTION NO. 85-25
A RESOLUTION AMENDING SECTION 1 OF
RESOLUTION NO. 84-1030, ADOPTED
SEPTEMBER 139 19849 TO CURRENT A
SCRIVENER'S ERROR WHICH INCORRECTLY
-
REFLECTED $53,541 AS THE AMOUNT OF
FEDERAL REVENUE SHARING FUNDS ALLOCATED
TO THE JAMES E. SCOTT COMMUNITY
ASSOCIATION INSTEAD OF $359341, THE
K{
CORRECT ALLOCATION TO SUCH SOCIAL
a
SERVICE AGENCY.
�uT(Here
follows body of resolution,
omitted here and on file in the Office
F
of the City Clerk).
------------------------------------- -----------------------
"
15. EMERGENCY ORDINANCE: NEW TRUST A AGENCY FUND ENTITLED:
' -
•HAITIAN CHILD ABUSE EDUCATION PROGRAM".
yi�.{afY`ny
------------------------------------------------------------
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A
NEW SPECIAL REVENUE FUND ENTITLED:
"HAITIAN CHILD ABUSE EDUCATION PROGRAM",
AND APPROPRIATING FUNDS FOR THE
OPERATION OF SAME IN THE AMOUNT OF
$53,511 FROM THE UNITED STATES
DEPARTMENT OF HEALTH AND HUMAN SERVICES
THROUGH THE STATE OF FLORIDA AND DADE
COUNTY'S OFFICE OF THE DADE-MIAMI
CRIMINAL JUSTICE COUNCIL; AND
AUTHORIZING THE CITY MANAGER TO ACCEPT
THE $539511 GRANT AWARD FROM THE UNITED
STATES DEPARTMENT OF HEALTH AND HUMAN
SERVICES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by
Commissioner Dawkins, 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-
RT 22 January 10, 1985
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.
Whereupon the Commission on motion of Commissioner
Plummer and seconded by Commissioner Dawkins, adopted said
ordinance by the following vote -
"
.y.�;r.Commissioner
AYES: Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
=•r
ABSENT: Commissioner Demetrio Perez, Jr.
h
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9941.
'
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.
16. EMERGENCY ORDINANCE: STRESS CONTROL TRAINING COURSES
:,..-
FOR POLICE OFFICERS.
r
'.r..
------------------------------------------------------------
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A
NEW SPECIAL REVENUE FUND ENTITLED:
"STRESS CONTROL TRAINING COURSES FOR
POLICE OFFICERS IN REGION 14 - FY '85119
APPROPRIATING FUNDS FOR ITS OPERATION IN
THE AMOUNT OF $72,080 FROM THE STATE OF
FLORIDA; AND AUTHORIZING THE CITY
MANAGER TO ACCEPT THE $720080 GRANT
AWARD FROM THE STATE OF FLORIDA;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by
Commissioner Dawkins, 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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
RT 23 January 10, 1985
I
Whereupon the Commission on motion of Commissioner
Plummer and seconded by Commissioner Dawkins, adopted said
ordinance 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
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9942.
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.
17. BRIEF DISCUSSION & CONTINUANCE: AMENDMENT TO 55-11 OF
CODE DEFINITIONS RELATING TO PUBLIC SERVICE TAXES ON
PHONES, ETC.
Mayor Ferre: We now have item 38 before us. I have a
letter here from Mr. Jim Barker, the District Manager of
Public Affairs of Southern Bell requesting that this item be
postponed. Mr. Merrill, do you have something you want to
add?
Mr. Clark Merrill: Yes, sir, we have our attorneys who will
be here at 2:00 O'Clock who will address this issue. We
have a workshop set up for the 15th to talk to the industry
and those people that are concerned about the ordinance. We
need a continuance but we would like to do it after 2:00
O'Clock.
Mayor Ferre: Mr. Barker, your request is that this be
continued. I understand you have talked to the attorneys.
Mr. Jim Barker: Yes.
Mayor Ferre: Mr. Stu Simon and Lucia.
Ms. Dougherty: I don't know any reason why you need to wait
until 2:00 O'Clock.
Mr. Barker: No, we have a workshop set up for 10:00 O'Clock
Tuesday morning, we're already in the process.
Mayor Ferre: there is a request that this item be deferred,
is there any problem with that?
Mr. Merrill: To the February meeting.
Ms. Dougherty: Continue it to a date certain.
Mayor Ferre: Continue it to the February meeting, is that
correct? Do we need a motion to that affect? February
14th.
The preceding motion was introduced by Commissioner
Plummer, seconded by Commissioner Perez and passed and
adopted unanimously.
RT 24 January 10, 1985
r x'
18. BRIEF DISCUSSION A CONTINUANCE: AMENDMENT TO 55-14
{- RECORDS TO BE KEPT BY SELLERS OF ELECTRICITY, GAS, FUEL
_ OIL, ETC.
------------------ ►----------itY►----------------------------
Mr. Jim Barker: Mr. Mayor, if I might, on Item 39, I have
talked with Mr. Garcia, the Finance Director, and Item 38,
in my opinion, is directly related to Item 39 and after Item
38 is settled, because there are going to be a lot of new
companies that are going to enter into this, and this would
tie in directly with the auditing of the records and it
would clarify better for Mr. Garcia and the Finance
Department if this were too deferred until we finish the
February 14th meeting and we could tell Mr. Garcia which
other companies there are because there is MCI, there's
Sprint, there are all sort of different telephone companies
now that are in the area and I think to clarify the
situation, if you could go along with me in this regard, to
let this coincide with the deferrment because we have a
lengthy workshop set up for Tuesday morning, February 15th,
where we have all these related companies coming in and I
would appreciate that at this time if you would do that.
Mayor Ferre: Yes, sir. Is there any discussion?
Mr. Rosencrantz: Yes, Mr. Mayor, let me respond to that.
Although 39 is not a particularly critical issue with the
administration, the two are not tied together. What Item 39
provides for is that we do collect various utility taxes
from various other firms that are located outside of Dade
County and in some cases outside the State of Florida. What
.:..;_
39 does is request that those companies make the necessary
records available to us here in Dade County so that we can
do the annual audit to make sure that we're getting the
6 6
revenue that we're supposed to receive. It also provides
that if we have to send somebody to their headquarters
.;._
outside of this area that they will bear the expense of
--..
doing that. So they really, I guess have the option, either
paying for our auditor to go visit their company to look at
r,
the books or provide those records here so he can look at
them here but there is really no direct connection between
� Y
E;y
_
38 and 39.
Mayor Ferre: Okay.
Mr. Plummer: Well, the question then has to be, Mr.
Manager, do you have any problem if it is deferred until
February?
Mr. Rosencrantz: No, that is no problem.
Mr. Plummer: I so move.
Mayor Ferre: All right, is there a second? Your motion is
what, Plummer?
Mr. Plummer: To defer it, he said he had no problem with it
being deferred.
The preceding motion was introduced by Commissioner
Plummer, seconded by Commissioner Dawkins and passed and
adopted unanimously.
NOTE FOR THE RECORD: ITEM 40 WAS WITHDRAWN.
RT 25 January 10, 1985
19. SECOND READING ORDINANCE: AMEND SECTION 22-80)(1) OF
THE CODE - HOURS OF COLLECTION OF TRASH TO COMMERCIAL
ESTABLISHMENTS BY PRIVATE SERVICES.
_..-..---.�..-:�----------_----- --- --
Mr. Plummer: Mr. Rosencrantz, through you to Mr. Patterson,
if I may, Mr. Patterson, I'm questioning only why this
ordinance addresses to the commercial. I think it would be
just as objectionable, if not more so, in residential. Why
doesn't this ordinance pertain to residential as well as
commercial?
Mr. Patterson: Commissioner, it does affect residential as
well, but the private collectors don't collect from
residentials, but it addresses the City's operation as well.
Mr. Plummer: They do collect from residential, they collect
from apartment houses.
Mr. Patterson: Well, under definition in the ordinance,
that is considered commercial.
w Mr. Plummer: I'm still concerned, I understand what this
says but I'm still concerned that it is addressing only the
`- commercial.
Mr. Patterson: Commercial application there, we're talking
about commercial haulers, Commissioners.
"X Mr. Plummer: No, that's not what it says - commercial
�. establishments.
Mr. Rosencrantz: If I may interject, the residential
garbage is picked up by the City.
' Mr. Plummer: No, not all of it, that's the point.
Mr. Rosencrantz: Yes, but we consider apartments to be
commercial. Is that correct?
Mr. Patterson: That is correct.
Mr. Rosencrantz: We consider apartments to be commercial
enterprises and not residential.
Mr. Plummer: Okay. In other words, Brickell Townhouse, by
a private hauler, you would consider commercial?
Mr. Patterson: That is correct, sir..
Mr. Plummer: Okay.
Mr. Patterson: Any establishment, Commissioner, more than 4
units is considered commercial.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 22-8(B)(1)
OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, WHICH DEALS WITH PRIVATE
COLLECTION SERVICE TO COMMERCIAL
ESTABLISHMENTS BY ADDING A NEW PARAGRAPH
(f) ESTABLISHING THE HOURS OF 6:00 A.M.
AND 11:00 P.M. AS THE ONLY HOURS FOR
WASTE COLLECTION TO COMMERCIAL
ESTABLISHMENTS LOCATED OUTSIDE THE
CENTRAL COMMERCIAL DISTRICT; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
RT 26 January 10, 1985
0 0
}
=�F
Passed on its first reading by title at the meeting of
December 139 1985, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9943.
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.
20. SECOND READING ORDINANCE: AMEND APPROPRIATIONS
ORDINANCE SPECIAL REVENUE FUND: POLICE SECOND DOLLAR
TRAINING.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTIONS 2 AND 6
OF ORDINANCE NO. 9901 ADOPTED SEPTEMBER
21, 19849 THE ANNUAL APPROPRIATIONS
ORDINANCE FOR FISCAL YEAR ENDING
SEPTEMBER 30, 19859 AS AMENDED BY
ESTABLISHING A SPECIAL REVENUE FUND
ENTITLED, POLICE SECOND DOLLAR TRAINING
FOR FISCAL YEAR 1984-85 FOR THE PURPOSE
OF PROVIDING FUNDING IN THE AMOUNT OF
$2679567 FOR LAW ENFORCEMENT TRAINING
AND EDUCATION AS OUTLINED IN FLORIDA
STATUTE 943.25(8)(a), REVENUE IN A LIKE
AMOUNT IS AVAILABLE FROM METROPOLITAN
DADE COUNTY PURSUANT TO COUNTY
RESOLUTION NO. 97;-82 ADOPTED JANUARY
199 1982; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of
December 13, 1984, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Carollo, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
RT
27
January 10, 1985
fQ
T .
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9944.
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.
- - - - -- - - - - - - - - --- --- - - -- -- - - -- -- --•--- - ----- --
21. SECOND READING ORDINANCE: NEW TRUST A AGENCY FOND
"SALES TAX COLLECTIONS FY 850.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW TRUST
AND AGENCY FUND ENTITLED "SALES TAX
COLLECTIONS FY1851', FOR THE PURPOSE OF
RECEIVING AND DISBURSING IN A FIDUCIARY
CAPACITY ALL monies THE CITY COLLECTS AS
SALES TAX FOR RENTAL OF CITY FACILITIES,
TO RECORD AS REVENUE THE ADMINISTRATIVE
SERVICE FEE (3% ON ALL SALES TAX
COLLECTIONS) IN THE AMOUNT OF $15,000
THAT THE CITY IS PAID FOR TRANSFERRING
SAID SALES TAX COLLECTION TO THE STATE,
AND TRANSFERRING SAME TO THE GENERAL
FUND AS CURRENT REVENUE; CONTAINING G A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
passed on its first reading by title at the meeting of
December 13, 1984, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Carollo, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9945.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
RT
M
January 10, 1985
members of the City Commission and to the public.
—� ��-----------r-----------------------------------
------r
ey.
_ 22. SECOND READING ORDINANCE: SPECIAL ASSESSMENT FORD
RECORDING OF ASSESSMENT LIEN ACTIVITY FOR FY 85•
-- -- -- — — — — — — — -- — — — — — -- -- -- — — — -- — — -- — -- — — — — -- -- — -- -- — — — — -- — —
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A SPECIAL
ASSESSMENT FUND IN THE AMOUNT OF
$2,5009000 FOR THE PURPOSE OF RECORDING
ASSESSMENT LIEN ACTIVITY FOR FY,859
REVENUE WILL BE EQUAL TO THE ESTIMATED
CASH COLLECTION OF ASSESSMENT LIENS AND
TRANSFERRED TO THE GENERAL OBLIGATION
DEBT SERVICE FUND TO PROVIDE AN
ADDITIONAL RESOURCE FOR THE REPAYMENT OF
MATURING PRINCIPAL AND INTEREST ON
OUTSTANDING GENERAL OBLIGATION BOND
ISSUES APPROVED BY THE CITY COMMISSION;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of
'
December
139 1984, was taken up for its second and final
reading
by title and adoption. On motion of Commissioner
Dawkins,
seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote -
AYES:
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
;,.
Mayor Maurice A. Ferre
3 -i
," .._"...
NOES:
None.
ABSENT: Vice -Mayor Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9946
The City Attorney read the ordinance into the public
record and announced that copies were available to the
RT 29 January 10, 1985
C° ti
rk �7
x
y members of the City Commission and to the public.
r`rWrwrr—r•w rwrw—r.------rwr---rrrr—w.r w.►rrrwr+rr
e
;.y
23. SBCOND READING ORDINANCE: AMEND APPROPRIATIONS
ORDINANCE PLANNING DEPT. CITY/COUNTY AGREEMENT FOR
PLANNER III.
-- — --- — —r — ------------------------------------------------
AN ORDINANCE AMENDING SECTIONS 1 AND 6
OF ORDINANCE NO. 9901 ADOPTED SEPTEMBER
21, 1984, THE ANNUAL APPROPRIATIONS
ORDINANCE FOR FISCAL YEAR ENDING
SEPTEMBER 30, 19859 BY INCREASING THE
APPROPRIATIONS FOR THE GENERAL FUND,
PLANNING Department, IN THE AMOUNT OF
$429000 AND BY INCREASING GENERAL FUND
REVENUE, MISCELLANEOUS REVENUE IN A LIKE
AMOUNT, TO REFLECT A CITY/DADE COUNTY
AGREEMENT DATED AUGUST 23, 1984, AND
FINALIZED ON OCTOBER 16, 1984, WHICH
PROVIDES FOR A PLANNER III POSITION
WHICH IS FUNDED FROM A U.S. DEPARTMENT
OF COMMERCE GRANT AWARD TO THE CITY OF
MIAMI THROUGH METROPOLITAN DADE COUNTY,
COVERING THE PERIOD APRIL 11 1984
THROUGH MARCH 31, 19859 SAID POSITION
WILL CONDUCT PLANNING ACTIVITIES
ASSOCIATED WITH THE CITY'S COMPREHENSIVE
ECONOMIC DEVELOPMENT PLAN AND STRATEGY;
=
4
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of
December 139 1984, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Dawkins, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9947.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
HT 30 January 10, 1985
0
members of the City Commission and to the public.
---- -- - - - - - - ---- i- ir- - - --- --- --- -- -- - - --- -- - ----- -w- il�-
24. SECOND READING ORDINANCE: AMEND APPROPRIATIONS
ORDINANCE DEPT. OF ECONOMIC DEVELOPMENT — BUSINESS
DEVELOPMENT IN WTNWOOD NEIGHBORHOOD.
-- ..---r--- ---- - - -- - - -- - -- --- --- - -- --- -----------------------
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 1 OF
ORDINANCE 9901 ADOPTED SEPTEMBER 21,
19849 THE ANNUAL APPROPRIATIONS
ORDINANCE FOR FISCAL YEAR ENDING
SEPTEMBER 30, 1985, BY INCREASING THE
APPROPRIATION IN THE GENERAL FUND FOR
THE DEPARTMENT OF ECONOMIC DEVELOPMENT
IN THE AMOUNT OF $10,000 AND BY
DECREASING THE APPROPRIATION FOR SPECIAL
PROGRAMS AND ACCOUNTS CONTINGENCY FUND
IN THE LIKE AMOUNT FOR THE PURPOSE OF
FUNDING THE TEMPORARY POSITION OF A
BUSINESS DEVELOPER TO ASSIST THE WYNWOOD
NEIGHBORHOOD BUSINESS DISTRICT;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of
December 13, 1984, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Dawkins, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9948.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
RT 31 January 10, 1985
C
members of the City Commission and to the public.
NOTE FOR THE RECORD: AGENDA ITEM 47 WAS WITHDRAWN.
--------------- ---------- ----•r---------- -------------------
25. FIRST READING ORDINANCE: PROVIDE LIMITATIONS ON
AUTHORIZED INVESTMENT IN SOUTH AFRICA-NAMIBIA CITY
FUNDS, ETC.
---------------------- -------------------------------------
AN ORDINANCE ENTITLED -
AN ORDINANCE PROVIDING, TO THE EXTENT
PERMITTED BY LAW, FOR ADDITIONAL
LIMITATIONS ON AUTHORIZED INVESTMENT IN
THE REPUBLICS OF SOUTH AFRICA AND
NAMIBIA OF CITY FUNDS OR FUNDS OF ANY
RETIREMENT PROGRAM CONTROLLED BY THE
CITY; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by
=3
Commissioner Plummer and was passed on its first reading by
title 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
The City Attorney read the ordinance into the public
:t
record and announced that copies were available to the
members of the City Commission and to the public.
#kr
26. FIRST READING ORDINANCE: AMEND CH. 54.5 CITY CODE
SUBDIVISION REGULATIONS.
n,.
------------------------------------------------------------
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 54.59
"SUBDIVISION REGULATIONS", OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING SECTION 54.5.1, "DEFINITIONS";
SECTION 54.5-119 "BUILDING PERMITS,
ISSUANCE"; AND SECTION 54.5-129 "DESIGN
STANDARDS"; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by
Commissioner Plummer and was passed on its first reading by
title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
RT 32
January 10, 1985
I
°:,...
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.
'
rrr
rrr----rrrrrrr-rr-rrrrr-r-r-r- rrr-rrrrr-rr rrrrr-rrrr-.r.r r.r
27• ALLOCATE $89000 FASNIONSPARE - NATIONAL COUNCIL OF
JEWISH WOMEN - C.G.S. CENTER FEB. 21-23.
-.. °
rr----------------rr--------------------------rrrrrrrrr
"
Mayor Ferre: Take up Item 55, a resolution. Moved by
.y
Dawkins, is there a second?
Mr. Plummer: I'm going to second it, but I've got to ask
the question for the record. Is this, Mr. Manager, in the
terms of a festival?
Mr. Rosencrantz: Is Mr. Young here? Paul Young?
Mayor Ferre: Well, it says the National Council of Jewish
Women are going to hold in Coconut Grove a Fashion Spree.
Mr. Pierce: Mr. Mayor, it's not really my item but I
remember it a little bit. This organization was approved,
the fee waiver use of Bayfront Auditorium and the question
AtY
was....
YJ
Mr. Plummer: Enough said.
Mr. Rosencrantz: You know, Mr. Mayor, I want to , y , point out
one thing to the Commissioners on this. The original motion
I understand passed by the City Commission authorized the
fee waiver up to $6,000. I noticed that the resolution here
<= is for $8,000 and I want to bring that to your attention.
4- The additional $2,000 has to do with the cost of personnel
a that was necessary to assist in putting this particular
project together.
Mr. Plummer: Is it because of our switching them to the
other facility? If that is the case, then it is justified.
Mayor Ferre: Because of our what?
Mr. Plummer: If it is because we were the ones that made it
mandatory that they switch from one facility to the other,
if that personnel was because of our having the transfer
then I think it is justified.
Mr -Frank Castaneda: Yes, they had to be moved from Bayfront
Park Auditorium to the Coconut Grove Exhibition Hall, the
difference in cost is $29000.
Mr. Plummer: Fine.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 84-26
A RESOLUTION ALLOCATING AN AMOUNT NOT TO
EXCEED $8,000 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE
FASHIONSPREE SPONSORED BY THE NATIONAL
COUNCIL OF JEWISH WOMEN TO BE HELD AT THE
COCONUT GROVE EXHIBITION CENTER ON FEBRUARY
21-239 1985; SAID ALLOCATION CONDITIONED
UPON SUBSTANTIAL COMPLIANCE WITH CITY OF
MIAMI ADMINISTRATIVE POLICY NO. APM-1-84,
DATED JANUARY 24, 1984.
RT 33 January 10, 1985
A A
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
m
Upon being seconded by Commissioner Plummer, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
"A}
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
- - ----- ---------------------------------------
28. AUTHORIZE AGREEMENT: MIAMI MOTORSPORTS, INC.
------------------------------------------------------------
`-
Mayor Ferre: We're on Item 56.
Mr. Rosencrantz: Could I add, Mr. Mayor, with the passage
e
of this I would like to review the numbers that are shown
here. Someone has raised a question whether the 137 is the
exact number, I have not had a chance to verify/ this. If
+
you will pass this with the understanding that you are
approving the concept and we simply have to define that
::_.:_'
number to make sure that is the correct number.
Mayor Ferre: All right, with that stipulation.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-27
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT BETWEEN THE CITY AND
MIAMI MOTORSPORTS, INC. ESTABLISHING A
PAYBACK SCHEDULE OF FIVE (5) EQUAL AMOUNTS
ANNUALLY, BEGINNING MARCH 15, 1985, UNTIL
PAID IN FULL, FOR A TOTAL AMOUNT OF
$1379000.00 IN DEBT INCURRED DURING THE
STAGING OF AUTO RACE EVENTS AS LICENSED BY
THE JUNE 149 1982 AGREEMENT BETWEEN THE CITY
AND MIAMI MOTORSPORTS, INC.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
RT 34 January 100 1985
a 0
ABSENT: Vice -Mayor Joe Carollo
'------��.. ..�r.n--------------------------------r..trr��
29. CALL "SPECIAL" MUNICIPAL ELECTION NOVEMBER 59 1985
RETENTION OF CITY'S CURRENT MILLAGE RATE.
------------------------------------------------------------
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-28
A RESOLUTION CALLING AND PROVIDING FOR A
SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE
5TH DAY OF NOVEMBER, 1985, FOR THE PURPOSE
OF SUBMITTING TO THE QUALIFIED ELECTORS OF
THE CITY OF MIAMI FOR THEIR APPROVAL OR
DISAPPROVAL THE BALLOT QUESTION OF WHETHER
THE CITY SHALL BE PROHIBITED FROM INCREASING
THE MILLAGE RATE FOR AD VALOREM TAXES ON
REAL PROPERTY IN THE NEXT FISCAL YEAR.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
Ms. Dougherty: Mr. Mayor, if we could just return to 57.
Mayor Ferre: Yes, ma'am.
Ms. Dougherty: The one that is on the agenda and in your
package is not the one that was finally approved by
Commissioner Perez so ...
Mr. Perez: Yes, I think that I have ...
Mayor Ferre: Well, if Commissioner Perez wants to bring it
up for further discussion now or in the future, he can do
that.
Ms. Dougherty: The one that has finally been prepared does
not have an alternative in it, it just simply ...
Mayor Ferre: Well, all right, would everybody take a look
at it?
Mr. Plummer: This is an alternative?
Mr. Clark: No, this is the substitute for 57.
Mayor Ferre: Is there a difference in it?
Mr. Clark: Yes.
Mayor Ferre: All right, I think we need to read this thing,
so that previous vote ....
RT 35 January 10, 1985
Ms. Dougherty: The only difference is ....
Mr. Perez: It is the same thing, the only difference ...
Ff
Ms. Dougherty: The only difference is that the 57 in your
package left question 2 blank for you to fill in as an
alternative and after speaking to you, Mayor, because that
'
'>k
was your concern about having alternative language, you said
you didn't care so we prepared one with no alternative and
Just question whether or not you want your ad valorem taxes
increased or stay the same. It is only one question as a
substitute resolution.
Mayor Ferre: As a straw ballot.
Ms. Dougherty: Yes, sir.
Mayor Ferre: It is still a straw ballot...
Ms. Dougherty: Oh, it is not a straw ballot.
Mayor Ferre: Either it is a straw ballot or it is not a
straw ballot.
ry
Ms. Dougherty: It is not a straw ballot, if this passed it
would be a mandate.
Mayor Ferre: Now, so we don't go into deceiving anybody,
you realize, of course, next year is the next fiscal year
since on November 5th we will already have voted on the
budget in September for the October 1st fiscal year. So
shall the City be prohibited from increasing the millage
rate for the ad valorem taxes on real property in the next
fiscal year, they're talking about the forthcoming year.
Okay, I just wanted to make sure we understood that.
Mr. Plummer: Well, let me also make understood, for the
record, this is not a special election, it would be on the
day of the regular election and would not cost the taxpayers
any additional moneys.
Ms. Dougherty: That is correct.
Mr. Dawkins: But the only problem I have with it is with
the federal government cutting.
Mr. Dawkins: That is right! The only problem I have with
it is, with the Federal Government cutting down on funds to
the City, to the State and to the County, and with the
State's revenue not being up to where it can provide the
revenue it promised the City, what do you do if you find
yourself in a bind that you are going to need to make some
adjustments and you just have passed this binding resolu-
tion!
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Perez: I think that we have to instruct the Administra-
tion in that direction. I think we have to take a strong
measure in order,to reduce some expenses of the City budget.
I think we have to be strong in that principle and that is
the reason why I think the people of Miami deserve the op-
portunity to decide what is the exact future of this commu-
nity. That is the status of this question.
0 0
Mr. Dawkins: 1 am with you, Commissioner Perez, you know
that. When it comes to reducing taxes, I am with you 100%.
Mayor Ferre: Let's make sure we understand legally what we
are doing. Mrs. Dougherty, this is for one year?
Ms. Dougherty: Yes, sir.
Mayor Ferre: So it is not binding beyond that year, Number
one.
Ms. Dougherty: That is correct.
Mayor Ferre: Number two, at the present time we are at a
millage of 9.6. We will be voting on the millage before
this thing goes on the ballot for the fiscal year, which
will be 85-86, all right?
Ms. Dougherty: Yes, sir.
Mayor Ferre: This will affect the fiscal year 86-87 Now,
in addition to that, if the millage goes up, next year we
will even that much closer to the cap. If it doesn't, at
worse what we are giving up is four -tenths of a mill. At
the present time the assessed value of the City of Miami is
under nine billion dollars - eight and one-half billion dol-
lars, is that correct? So, even at the most, assuming that
the assessed value continues to go up, what we are talking
about is three to four million dollars, for a one year peri-
od. Okay, I just want on the record, to explain, you know,
document exactly what it is that we would be doing.
Mr. Dawkins: And I also would want to go on the record that
the citizens be made fully aware of what we are saying here,
which says "The citizenry should be an opportunity to indi-
cate their willingness to accept a level of services commen-
surative with a fixed maximum level, even if the result is
a possible decrease in the level of services." Be sure all
that is spelled out on the ballot so people know what they
are voting for and it is like Commissioner Perez and I - all
of us think that if people vote for it, that is what they
want.
Mr. Perez: And I think that the best option they have is to
vote no.
Mr. Dawkins: If they vote yes, we give it to them, that is
all.
Mayor Ferre: All right, we have a motion on the floor - we
have already voting for this haven't we?
Mr. Ongie: Yes.
Mayor Ferre: This is just clarifying the record as to what
we voted on.
Ms. Dougherty: That's correct.
Mayor Ferre: All right, the record is clear.
30. AUTHORIZE EXTENSION OF AGREEMENT: VINCENT E. GRIMM PRO-
FESSIONAL CONSULTANT SERVICES.
------------------------------------------------------------
Mayor Ferre: Agenda item number 59.
RT
37
January 10, 1985
3 "K�
t
Mr. Plummer: Move it.
Mayor Ferre: Moved by Plummer. Is there a second on Vince
{� Grimm?
`¢ Mr, Dawkins: Second.
R=Mayor Ferre: Further discussion, call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION N0. 85-29
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXTEND THE TERM OF THE EXISTING PROFESSIONAL
SERVICES AGREEMENT WITH VINCENT E. GRIMM JR.
FROM JANUARY 319 1985 THROUGH JULY 319 1985
FOR PROFESSIONAL CONSULTANT SERVICES PRIMAR-
ILY IN CONNECTION WITH THE WORLD TRADE CEN-
_.,..:... 5 TER PROJECT AT THE SAME FIXED MONTHLY PAY-
MENT AS PROVIDED BY SAID AGREEMENT AND ALLO-
CATING MONIES THEREFOR FROM PREVIOUSLY
u..>. APPROPRIATED FUNDS.
q� (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.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
-------------------- --------------------------------- --
31. ALLOCATE $809000 RENTAL OF LIGHTING EQUIPMENT FOR NA-
TIONAL TELECASTING OF MISS THEN USA PAGEANT.
------------------------------------------------------------
Mayor Ferre: Take up Agenda item number 60.
Mr. Plummer: It is a commitment. I'll move it.
Mr. Dawkins: I will second for discussion. When we discuss
this, we discussed the possibilities of purchasing the
lighting, knowing that it was going to be needed. Now, why
are we renting?
Mr. Dean Hoffineister: At your meeting in November, the Com-
mission moved an expenditure not to exceed $200,000 for ad-
ditional lighting equipment for the center. to accommodate
these various beauty pageants. Unfortunately, the acquisi-
tion and delivery process is not speedy enough in order to
have the equipment in the center in time for the Miss Teen
U. S. A. pageant, which is in preparation right now and it
is this additional funds that is required in order to cover
the rental cost for the Miss Teen U.S.A. pageant, which is
taking place there in the next week or ten days.
Mr. Dawkins: But we knew at the time when we made appropri-
ations that we were going to have the Miss Teenage pageant,
okay?
-; RT 38 January 10, 1985
J
Y
Mr. Hoffineister:
Yes, and ...
Mr. Dawkins: And nobody at that time told me, or anybody
else that if you make this appropriation, we will not have
the lights in place in time!
Mr. Hoffineister: I beg your pardon, Mr. Commissioner. In
the backup and cover memo, and during the discussion on that
matter, that was brought out that the delivery of the light-
ing equipment, it was anticipated would not be fast enough
in order to provide the lighting for Miss Teen U.S.A.
Mr. Plummer: The Commissioner is right. At the time that
Mr. Odio came before this Commission and stated that it was
better that we buy, it was said just in those terms - that
we are better off buying than renting and it was on that
premise that we did, in fact, approve. It was subsequent
after that that Mr. Odio came back before this Commission
and said that the purchase could not be in place in suffi-
cient time, and that is why the rental, so the Commissioner
is right, based on the first motion. To my colleague, Com-
missioner Dawkins, you know I felt last year. It is not
much different this year, but we made a commitment, and that
is why I moved it.
Mayor Ferre: is there further discussion? Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-30
A RESOLUTION ALLOCATING $809000 FROM SPECIAL
PROGRAMS AND ACCOUNTS, QUALITY OF LIFE FUND
FOR THE RENTAL OF LIGHTING EQUIPMENT FOR THE
NATIONAL TELECASTING OF THE MISS TEEN U.S.A.
PAGEANT, JANUARY 1985 FROM THE MIAMI CONVEN-
TION CENTER.
(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.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
32. ALLOCATE $45,705 - RENTAL CHARGES FOR MIAMI CONVENTION
CENTER MIAMI HOST COMMITTEE - STAGING OF MISS UNIVERSE
1984.
Mayor Ferre: Take up Item 61.
Mr. Plummer: Move it. Likewise the same deadline.
Mr. Perez: Second.
RT 39 January 10, 1985
a
0.
Mayor Ferre: Plummer moves, Perez seconds. Further discus-
sion. Call the roll on 61.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-31
A RESOLUTION ALLOCATING $45 0 05 FROM SPECIAL
PROGRAMS AND ACCOUNTS, QUALITY OF LIFE FUND,
TO COVER THE RENTAL CHARGES FOR THE MIAMI
CONVENTION CENTER INCURRED BY THE MIAMI HOST
COMMITTEE IN CONJUNCTION WITH THE MISS UNI-
VERSE PAGEANT OF 1984; FURTHER AUTHORIZING
THE MIAMI HOST COMMITTEE TO RETAIN THE PAY-
MENT OF $34,000 FROM THE CITY OF MIAMI BEACH
TO BE USED TO DEFER OTHER PAGEANT EXPENSES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez
the resolution was passed and adopted by the following
vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
33• AUTHORIZE CITY MANAGER TO AMEND ARTICLE III CONTRACT
AGREEMENT. BLACK INDUSTRIAL DIRECTORY.
Mayor Ferre: We are now on Item 63.
Mr. Dawkins: Moved.
Mr. Plummer: Second.
Mayor Ferre: Moved by Dawkins, seconded by Plummer. Fur-
ther discussion? Call the roll on 63.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-32
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
AMEND THE TERMS OF ARTICLE III OF THE CON-
TRACT AGREEMENT DATED AUGUST 10, 1983 WITH
THE MIAMI-DADE CHAMBER OF COMMERCE, EXTEND-
ING THE DUE. DATE FOR PUBLISHING THE BLACK
INDUSTRIAL DIRECTORY FROM OCTOBER 12, 1984
TO JANUARY 31, 1985.
(Here follows body of resolution, omitted here
HT 40
January 10, 1985
0
Ll
p'
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.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
- -------------------------------------------------------
34• ALLOCATE $39145.83 10TH YEAR C.D. BLOCK GRANT FUNDS
MLKEDCO - MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORP.
+------------------------------------------------------------
Mayor Ferre: What do you want to do on Agenda Item 64?
Mr. Dawkins: Move it.
Mr. Plummer: Second 64.
Mayor Ferre: Dawkins moves, Plummer seconds. Further dis-
k cussion. Call the roll.
The following resolution was introduced by Commissioner
rR" Dawkins, who moved its adoption:
RESOLUTION NO. 85-33
¢-
A RESOLUTION ALLOCATING $3,145.83 OF TENTH
-y'
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
APPROPRIATED BY THE PASSAGE OF ORDINANCE
#98-34 AND MOTION #84-775 TO THE MARTIN
LUTHER KING ECONOMIC DEVELOPMENT CORPORATION
(MLKEDCO) IN AN AMOUNT NOT TO EXCEED 1112 OF
9t...:k
THE TOTAL ALLOCATION OF $37,750 FOR SAID A-
GENCY, FOR THE PERIOD FROM FEBRUARY 1, 1985
d;
THROUGH FEBRUARY 28, 1985 FOR IT TO CONTINUE
IMPLEMENTING A NEIGHBORHOOD ECONOMIC DEVEL-
OPMENT CORPORATION PROGRAM; AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN AGREEMENT WITH
THE AFOREMENTIONED AGENCY IN A FORM ACCEPTA-
BLE 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.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice'A. Ferre
NOES: None.
RT 41 January 10, 1985
a
Xf ABSENT: Vice -Mayor Joe Carollo
i— — r�arw--------------- --------..— a► -------ice..
35• AUTHORIZE AGREEMENT: MEDICAL ARTS TRAINING CENTER
.� (M.A.T.C.) EMERGENCY MEDICAL TECHNICAL -PARAMEDIC TRAIN-
ING PROGRAM.
----------.`-------r.------.ir----------:r---------------r-------
Mayor Ferre: Take up Item 65.
Mr. Plummer: Move it.
4 Mr. Dawkins: Second.
Mayor Ferre: It has been moved and seconded, further dis-
cussion? Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-34
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT, IN SUBSTAN-
TIALLY THE FORM ATTACHED HERETO WITH THE
BOARD OF DIRECTORS OF MEDICAL ARTS TRAINING
;. CENTER, INC. (M.A.T.C.) FOR COORDINATION OF
4 SERVICES IN CONNECTION WITH AN EMERGENCY
f, MEDICAL TECHNICIAN -PARAMEDIC TRAINING PRO-
GRAM TO BE CONDUCTED SUBSTANTIALLY IN ACCOR-
DANCE WITH THE TERMS AND CONDITIONS SET
FORTH IN SAID AGREEMENT.
(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.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
-------------------------------------------------------------
36. APPROVE CITY PARTICIPATION IN AMERICAN CANCER SOCIETY
AMERICAN LUNG ASSOCIATION GOLF CARD PRIVILEGE PROGRAM.
Mayor Ferre: Take up Agenda Item 66.
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mayor Ferre: Moved and seconded.
Further discussion? Call
RT 42
January 10, 1985
the roll on 66.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-35
A RESOLUTION APPROVING AND AUTHORIZING THE
CITY'S PARTICIPATION IN THE AMERICAN CANCER
SOCIETY/AMERICAN LUNG ASSOCIATION GOLF CARD
PRIVILEGE PROGRAM BY REDUCING THE COST OF
GREEN FEES TO $2900 PER ROUND OF GOLF TO
EACH 1985 CARDHOLDER, DURING THE SUMMER SEA-
SON, AT THE MELREESE GOLF COURSE AND THE
CITY OF MIAMI COUNTRY CLUB IN MIAMI SPRINGS,
UNDER THE TERMS DESCRIBED HEREIN.
(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.
Commissioner Demetrio J.-Perez,, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
37. AUTHORIZE AMENDMENT NO. 2-AGREEMENT-O'LEARY-SHAFER-COSIO
LANDSCAPE ARCHITECTS FOR SERVICES RENOVATION OF MOORE
PARK.
------------------------------------------------------------
Mayor Ferre: Take up Agenda Item 67•
Mr. Dawkins: Move it.
Mr. Plummer: Second.
Mayor Ferre: Dawkins moves, Plummer seconds, further dis-
cussion? Call the roll.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-36
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT #2 IN SUBSTANTIALLY THE
FORM ATTACHED, TO THE SEPTEMBER 27, 1983,
AGREEMENT WITH O'LEARY-SHAFER-COSIO, P.A.,
LANDSCAPE ARCHITECTS/LAND PLANNERS, TO PRO-
VIDE COMPENSATION FOR ADDITIONAL PROFESSION-
AL SERVICES 'WITHIN THE ORIGINAL SCOPE OF
SERVICES, BUT UNFORESEEN AT THE TIME OF THE
ORIGINAL AGREEMENT, FOR THE RENOVATION OF
MOORE PARK, USING FUNDING FROM SPECIAL PRO-
GRAMS AND ACCOUNTS, CONTINGENT FUND, TO BE
REIMBURSED FROM LIQUIDATED DAMAGES TO BE AS-
SESSED ON THE CONSTRUCTION CONTRACTOR AT THE
COMPLETION OF THE PROJECT.
(Here follows body of resolution, omitted here
HT
43
January 10, 1985
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.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
---------------------- --------------------------------------
38. AUTHORIZE 3-DAY PERMIT TO SELL BEER AND WINE COCONUT
GROVE ARTS FESTIVAL 1985.
------------------------------------------------------------
Mayor Ferre: Take up Agenda Item 68.
Mr. Plummer: I am going to move it and then I want discus-
sion.
Mr. Dawkins: Second.
Mayor Ferre: Go ahead, Commissioner Plummer.
Mr. Plummer: Under discussion, Mr. Manager, I think your
wording on the agenda is misleading. We are not giving them
a permit. The permit is given by the State Beverage Depart-
ment. I think what in fact should read on this is that we
give them the three day allocation and I just think this
would be very misleading to the public as well as to others,
but I would hope in the future when we do this we would
change the wording and that was the only thing that I had,
Mr. Mayor. You can call the roll.
Mayor Ferre: Okay, any further discussion? Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-37
A RESOLUTION AUTHORIZING A THREE DAY PERMIT
TO SELL BEER AND WINE FOR' THE COCONUT GROVE
ASSOCIATION, INC. IN CONNECTION WITH THE
1985 COCONUT GROVE ARTS FESTIVAL TO BE HELD
THROUGHOUT COCONUT GROVE AND IN PEACOCK AND
KENNETH MYERS PARKS ON FEBRUARY 16, 1985
THROUGH FEBRUARY 18, 1985; FURTHER CLOSING
CERTAIN STREETS TO THROUGH VEHICULAR TRAFFIC
AND ESTABLISHING A PEDESTRIAN MALL, SAID
STREET CLOSING SUBJECT TO ISSUANCE OF PER-
MITS BY THE DEPARTMENTS OF POLICE AND FIRE,
RESCUE AND INSPECTION SERVICES; FURTHER ES-
TABLISHING THE AREA PROHIBITED TO RETAIL
PEDDLERS DURING THE PERIOD OF THE EVENT.
RT
�� i
44
January 10, 1985
(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.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
- ---- -- -- - --- -- ---- - - - - - - -- -- - - - -- - - - - - - - ---
39. AUTHORIZE EXPENDITURES $109000 COST A DESIGN FOR BUST OF
JOSE MARTI FOR LOCATION I■ JOSE MARTI PARK.
Mayor Ferre: Agenda Item 69. All right, it has been moved
by Perez, seconded by Plummer. Further discussion? Call
the roll on Item 69.
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 85-38
A RESOLUTION AUTHORIZING EXPENDITURES IN AN
AMOUNT NOT TO EXCEED $109000 FROM SPECIAL
PROGRAMS AND ACCOUNTS, PARKS IMPROVEMENTS
FUND, TO COVER THE COST OF EITHER THE DESIGN
AND CONSTRUCTION OF A BUST OF JOSE MARTI IN
JOSE MARTI PARK, OR THE RELOCATION OF A BUST
OF JOSE MARTI FROM BAYFRONT PARK TO JOSE
MARTI PARK.
(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.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
Mayor Ferre: Under discussion on Item 69 that we just voted
on, express to you that there is a very, very good possibil-
ity, probability, that we will open Radio Marti, inaugurate
Radio Marti from Jose Marti Park. There is also a very im-
portant parade, the Private School Association has which may
also work into this and that is being worked on, so the
idea, J. L., and Miller, is that the Jose Marti inauguration
be postponed from Saturday to Monday, noon. The reason is
that Senator Chiles, Senator Hawkins, Pepper, Fascell,
others may be here and we are going to inaugurate Radio
Marti from the station.
Mr. Plummer: Mr. Mayor, as you know, Mondays are bad for
me. May I ask that it be in the afternoon.
RT 45 January 10, 1985
°µK
Mayor Ferre: It all depends when the President's assistant
Y
and the Vice -President arrive.
Mr. Cesar Odio: Commissioner, I can tell you that they ...
Mr. Plummer: Mr. Mayor, the President and the Assistant
i
President are very important, but employees who are paid on
Monday morning are also important.
Mayor Ferre: I got you! Is noon, 12:30 P.M. acceptable to
a
you?
Mr. Plummer: Noon is fine.
Mr. Odio: Noon is the time, because that is the time ...
Mr. Plummer: Fine.
>`
Mayor Ferre: Wait a minute, Cesar. Is noon acceptable to
you?
Mr. Plummer: Yes, sir.
Cb
f
Mayor Ferre: Okay, we will begin at noon, hopefully ...
Mr. Plummer: Mr. Mayor, especially if that is "mas o
menos". If that is mas o menos, that is all right!
Mayor Ferre: The time is mas o menos. It is going to be at
77.
noon, mas o menos. You are going to have Jose Mas Canosa
You are going to have Tony de Varona and all the leadership
of the exile community, so it is going to be an important
r
event. Is there anything else that we need to do on this,
^$
Cesar?
Mr. Odio: No, we have a meeting going right now, Mr. Mayor.
We have to decide. We need to come back later.
Mayor Ferre: Well, do you need any decision from this Com-
mission is the question. You are all set? Okay.
Mr. Dawkins: Okay, what you are saying is, everything you
need from the Commission you have now? So now, if it does-
n't go through, or anything goes up, it is not our fault.
Mr. Odio: Well, a technicality, I have to ask Commissioner
Perez, if we change the parade route ...
Mayor Ferre: That is not our decision, that is there deci-
sion.
Mr. Odio: That is why I am asking - if they decide to
change the parade, then we would have to close the streets -
different closure of the streets than we had before -
Mayor Ferre: Well, let me understand this. The parade was
going to be from 17th to the 2506 monument, at 10:00 o'clock
form 10:00 A.M. to 12:00 noon. Now what you are recommend-
ing is that instead of going from 17th Avenue to 13th, that
it start at 13th and ,go to Marti Park and the timing is
10:00 o'clock in the morning.
Mr. Odio: The timing would be from 9:00 o'clock to 11:00
o'clock and finish the parade at 11:00 A.M. and then have
the kids ...
Mayor Ferre: Well, when you say 9:00, it means it would
start at 10:00.
RT 46 January 10, 1985
I
Mr. Odio: Hopefully have them all there by ..•
Mayor Ferre: As Plummer says, and Steve Clark says - mas o
menost All right.
- - ► - --- ---- --- ----- i- ----- - - --- - - - -- -- --- -- - - ------ - - - -- --
40. ALLOCATE $429500 IN SUPPORT OF "THE SUPERSTARS OF 1985%.
- - -- -- -- --- -- - ----- - - - --- - ---------- ---- ---- - - -- ------------
Mr. Plummer: Move Agenda Item 70.
Mr. Dawkins: Second it.
Mayor Ferre: Motion and second. Further discussion on 70?
Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-39
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EX-
CEED $429500 FROM SPECIAL PROGRAMS AND AC-
COUNTS, CONTINGENT FUND, IN SUPPORT OF "THE
SUPERSTARS FOR 1985"; SAID ALLOCATION BEING
CONDITIONED UPON ONE OR MORE EVENTS BEING
HELD IN THE CITY OF MIAMI; THE CITY OF MIAMI
BEING RECOGNIZED AND NAMED AS A SPONSOR; THE
CITY OF MIAMI HAVING AN EQUAL ROLE IN THE
DETERMINATION OF ALL PUBLICITY AND RELEASES
PREPARED FOR NATIONAL BROADCAST; AND MATCH-
ING OR GREATER AMOUNTS BEING CONTRIBUTED BY
THE METRO-DADE TOURIST DEVELOPMENT COUNCIL
AND THE MIAMI BEACH VISITORS AND CONVENTION
BUREAU, SAID ALLOCATION BEING CONDITIONED
UPON SUBSTANTIAL COMPLIANCE WITH CITY OF
MIAMI ADMINISTRATIVE POLICY NO. APM-1-84,
DATED JANUARY 14 1984.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution 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
41. ORDERING RESOLUTION: NORTH RIVER DRIVE HIGHWAY IMPROVE-
MENT H-45-1.
------------------------------------------------------------
Mayor Ferre: We are on Item Number T1.
Mr. Plummer: Is there anyone wishing to speak on it?
Mayor Ferre: Anybody on Item Number 71?
HT
47
January 10, 1985
A
I
a <'
Mr. Plummer: No one from the public wishing to speak? Let
the record indicate no one came forward. I move it.
Mr. Dawkins: Second.
{
Mayor Ferre: Are we able to vote on it now Mr. Clerk?
Mr. Ongie: Yes, sir.
<<
Mayor Ferre: All right. It has been moved by Plummer and
seconded by Dawkins. Further discussion? Call the roll on
Item 71.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-40
1
A RESOLUTION ORDERING NORTH RIVER DRIVE
Y
HIGHWAY IMPROVEMENT H-45019 AND DESIGNATING
THE PROPERTY AGAINST WHICH SPECIAL ASSESS-
;r
MENTS, SHALL BE MADE FOR A PORTION OF THE
COST THEREOF AS NORTH RIVER DRIVE HIGHWAY
,v
IMPROVEMENT DISTRICT, H-4501.
.
(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.
a
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
42. ORDERING RESOLUTION: N. V. 47 AVENUE BIGHVAT IMPROVE-
MENT H-4505-
Mayor Ferre: Take up Item 72.
Mr. Plummer: Is there anyone in the public who wishes to
speak on Item 72? Let the record reflect no one came for-
ward. I move it.
Mayor Ferre: Plummer moves. Is there a second on 72?
Mr. Dawkins: Yes, move it.
Mayor Ferre:
Dawkins seconds. Further discussion? Call
RT 48 January 10, 1985
x the roll.
r�4 The following resolution was introduced by Commissioner
4- Plummer, who moved its adoption:
RESOLUTION NO. 85-41
kC:
A RESOLUTION ORDERING N. W. 47 AVENUE HIGH-
WAY IMPROVEMENT H-45059 AND DESIGNATING THE
PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS
SHALL BE MADE FOR A PORTION OF THE POST
THEREOF AS N. W. 47 AVENUE HIGHWAY IMPFjVE-
F,,' MENT DISTRICT, H-4505.
r,
(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.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
' NOES: None.
ABSENT: Vice -Mayor Joe Carollo
.,. ------------------------------------------------------------
43. ORDERING RESOLUTION: BUENA VISTA HIGHWAY IMPROVEMENT
PHASE II H-4506.
----------------- -------------------------------------------
p Mayor Ferre: Take up Agenda Item 73. Is there a motion on
Mr. Plummer: Anybody in the public that wishes to speak on
Item 73? Let the record reflect no one came forward. I
move it.
Mayor Ferre: Is there a second on Item 73?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-42
A RESOLUTION ORDERING BUENA VISTA HIGHWAY
IMPROVEMENT -PHASE II, AND DESIGNATING THE
PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS
SHALL BE MADE FOR A PORTION OF THE COST
THEREOF AS BUENA VISTA HIGHWAY IMPROVEMENT
DISTRICT -PHASE II H-4506.
(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.
Commissioner Demetrio J. Perez, Jr.
RT 49 January 10, 1985
R* .
4L
L
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
------------ ----Imo----------------/iUY-
44. TRANSFER RIGHT OF WAY S.V- A S.S. 1ST STREET BETWEEN 22
AVENUE AND BISCAYNE BOULEVARD TO JURISDICTION OF STATE
HIGHWAY SYSTEM.
--- --- - -- ---------------------------------------------------
Mayor Ferre: Agenda Item 74.
Mr. Plummer: Move it.
Mayor Ferre: Moved by Plummer.
Mr. Dawkins: Second.
Mayor Ferre: Second by Dawkins. Anybody wishing to speak
on that? Okay, call the roll on Item 74.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-43
A RESOLUTION TRANSFERRING THE RIGHT-OF-WAY
OF S.W. AND S.E. 1ST STREET BETWEEN WEST
22ND AVENUE AND BISCAYNE BOULEVARD WITHIN
THE CITY OF MIAMI TO THE JURISDICTION OF THE
STATE HIGHWAY SYSTEM IN CONFORMANCE WITH
SECTION 337.29 FLORIDA STATUTES AND SHOWN ON
RIGHT OF WAY PLAT TO BE RECORDED IN THE PUB-
LIC RECORDS OF DADE COUNTY, FLORIDA; AND AU-
THORIZING AND DIRECTING THE CITY MANAGER,
THE CITY CLERK AND THE CITY ATTORNEY TO EXE-
CUTE THE PLAT.
(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.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
45. CONFIRM SELECTION OF MEMBER OF AFFIRMATIVE ACTION ADVI-
SORY BOARD (ALMA SUMPTER SMITH)
-------------------------------------------------------------
Mayor Ferre: Agenda Item 77 is confirming the selection of
Miss Alma Sumpter. Smith by the Sanitation Employees Associa-
tion as their rep. Dawkins moves.
Mr. Plummer: Second.
ld
50
January 10, 1985
Mayor Ferre: Second by Plummer confirming 779 the City of
Miami Affirmative ...
Mr. Plummer: For the record what is the name?
r Mayor Ferre: Alma Sumpter Smith. Call the roll.
The following resolution was introduced by Commissioner
Dawkins , who moved its adoption:
RESOLUTION NO. 85-44
A RESOLUTION CONFIRMING THE SELECTION OF AN
INDIVIDUAL BY A CERTIFIED BARGAINING REPRE-
SENTATIVE OF CITY EMPLOYEES AND RECOGNIZING
SAID INDIVIDUAL AS A MEMBER OF THE CITY OF
MIAMI AFFIRMATIVE ACTION ADVISORY BOARD.
(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.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
5j
ff 1 �• f
----------- - ---���-- -- - -- ---- ---------- --------------------
46. RECEIVE, OPEN, READ AND REFER TO CITY MANAGER FOR TABU -
"y 3.':. -
.r
; LATION AND REPORT SEALED BIDS FOR SALE OF $12, 000, 000
yam`
BOND ANTICIPATION ROTES OF THE CITY OF NIANI.
------
This being the date and time advertised for receiving
sealed bids for bonds, the Mayor announced that the City
Commission was now ready to received sealed bids.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-45
A RESOLUTION TO RECEIVE, OPEN, READ AND
REFER TO THE CITY MANAGER FOR TABULATION
AND REPORT BIDS AUTHORIZED TO BE RE-
CEIVED THIS DATE UNDER RESOLUTION NUMBER
1326 FOR THE SALE OF $1290009000 BOND
ANTICIPATION NOTES OF THE CITY OF MIAMI.
(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.
Vice -Mayor Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ld 51 January 10, 1985
ABSENT: Commissioner Joe Carollo
Mayor Ferre: Open the bids now on the $12,000,000 for
bonds. Let the record reflect it is 11:06 A.M. We took
this up a few minutes after 11:00 A.M.
Mr. Ralph Ongie: The first bid is from Pan American, N.A.,
Miami Florida - fixed interest rate, 7.50% on $2,000,000
premium. The next one is from Sun Bank, Flagship National
Bank of Miami, Florida - principle amount, $29000,000, fixed
interest rate 6.94$0 premium, $2,0000000; principle amount,
$2,000,000, fixed interest rate, 6.99$, premium, $2,0009000;
principle amount, $2,000,000, 7.04%; principle amount,
$2000090009 7.04%; principle amount $2,000,0009 7.04%. That
is all the bids, Mr. Mayor.
Mayor Ferre: Well, I will tell you, I am very surprised.
How many banks did we have bidding?
Mr. Ongie: Two.
Mayor Ferre: Two banks? I will tell you. I need to under-
stand why we only have two banks bidding $12,000,000 worth
of bonds. That is the lowest I think we have had in a long
time.
Mr. Rosencrantz: I think there are a number of reasons for
that, Mayor. We are only talking about two short term
notes. This is not a long term debt that we are talking a-
bout here. We are only about borrowing this money for I
think it was six months, until we sell the long-term bonds.
Mayor Ferre: Wait. Are you telling me that we are not go-
ing to a long term bond on this?
Mr. Rosencrantz: No, please understand ...
Mayor Ferre: Why didn't we go? This was a good time to go
into the bond market.
Mr. Rosencrantz: And all the things that are necessary to
get us ready to go to bond market, we could not have gone to
the bond market at this time. What we need to go to the
bond market is the current year end financial status. That
normally is not available until late February, or March. We
plan to sell bonds after that financial statement is availa-
ble, which is usually in the early spring.
Mayor Ferre: Mr. Manager, to the amazement of everyone, as
you know, interest rates continue to go down and the econo-
my, rather than going into a recession seems to be, either
holding up or improving. therefore, I would recommend to you
that we go to market as quickly as possible on the perma-
nent, that you not wait until July when we will probably be
into a recession cycle, so I would hope that if you get
these papers in February, that we push for the final sale.
Now, in the meantime, these are short term, they are full
faith and credit of the City.
Mr. Rosencrantz: Yes, they are bond anticipation notes to
be paid off of the proceeds when we sell the long term
notes, yes.
Mayor Ferre: I would hope that you go to market as quickly
as possible.
Mr. Rosencrantz: Yes, we would do that.
ld
52
January 10, 1985
IN
Mayor Ferre: Okay, I was wondering why the interest rates
were under 7% and now I understand.
Mr. Rosencrantz: I would like to get that on a long term
bond.
Mayor Ferre: Yes, but you didn't say that on the record, so
there was confusion. All right, I understand. Is there any
further action that is needed at this time?
Mr. Rosencrantz: Yes, we will have to take the bids back
and have them analyzed and we should be back to you before
12:00 o'clock with our recommendation.
Mayor Ferre: Yes, but there is no action needed now?
Mr. Rosencrantz: Not at this time, no.
NOTE FOR THE RECORD: AGENDA ITEM 18 WAS DEFERRED FOR FUR-
THER INFORMATION.
47. DISCUSSION & TEMPORARY DEFERRAL ON ON -STREET PARKING ME-
TERS.
Mayor Ferre: We are now on Item No. "A", which is the dis-
cussion of the Off -Street Parking Meter Program. The chair
now recognizes ... all right? Okay, sir.
Mr. Leslie Pantin, Sr. My name is Leslie Pantin, Sr. My
address is 2620 S. W. 27 Avenue. I am a member of the Off -
Street Parking Authority of the Department of Off -Street
Parking and I am here on the subject of Off -Street Parking
meters based on the request of the City Commission on Novem-
ber 8th on a report which we submitted on December 9th and
which we think is self-explanatory, but we are here to an-
swer any questions - Roger Carlton, the Executive Director
and my self, if the Commissioners do have any questions they
want to ask us.
Mayor Ferre: This is parking meters, Item "A". Would you
see that Commissioner Perez is informed that we are now
talking about something which he is continually interested
in? You may as well tell Plummer the same thing. This is
the Off -Street Parking meters. We have a report dated a
month ago, December 5th, signed by Roger Carlton. It very
clearly and explicitly explains what the program is and
where they stand. They are now being requested if there are
any questions.
------------------------- ----------- -------------- ----------
48. DISCUSSION AND TEMPORARY DEFERRAL OF BUDWEISER REGATTA.
Mr. Plummer: Mr. Mayor, while we are waiting, may I bring
up item. Somehow or other, Mr. Clark, I meant to call you
on this, Mr. Mayor, in the resolution for the Budweiser Re-
gatta in May of this year and by the way, let me announce
that the dates are now over the Memorial Weekend, which are
much better for us. It gives us a day off. There was sup-
posed to be a $10,000 increase in that over last year. Let
me fully understand that that is seed money. Last year
there was $40,000 for seed money and $10,000 outright for
Id 53 January 10, 1985
the ESPN and television coverage. I thought, and obviously
I was incorrect that this year it was supposed to be
increased to $50,000 seed money and $109000 for ESPN. When I
received the final resolution, Mr. Mayor, it had reverted
back down to the $40,000 and $100000. I would request of
this Commission that that matter be corrected to what is
necessary of the $50,000 and $10,000 so that there will be
no problem in signing the contract with Anheuser Busch. If
it is appropriate, I would so move.
Mayor Ferre: All right, anything else.
Mr. Plummer: Mr. Mayor, I have moved that that matter be
corrected if it is in concurrence with the rest of the Com-
mission to reflect the right numbers.
Mayor Ferre:
Do we
have
to vote on that?
Mr. Plummer:
Madam
City
Attorney?
Mr. Clark: We have no problem. What we will do is get
those resolutions and bring it back in the form of a manda-
tory resolution later this afternoon.
Mr. Plummer: That will be fine - thank you.
49. DISCUSSION: ON -STREET PARKING METERS.
------------------------------------------------------------
Mayor Ferre: Well, would you advise Commissioner Perez that
we are waiting on him, if he wishes to join us? Otherwise,
I guess we just thank you very much, Gentlemen, for being
here and commend you for your efforts and move along. The
only question that I would say to you, is - how did you end
up doing the parking at Surfside? What does Surfside have
to do with Miami?
Mr. Roger Carlton: When we had a private contractor col-
lecting our meters for us, that contractor also collected
Surfside. When that company went out of business, Surfside
asked us to collect their meters for them, which requires
one person a half day a week and has a net revenue to the
Department of almost $18,000 a year, so that is why we do it
as a municipal cooperation.
Mayor Ferre: All right.
Mr. Plummer: That is what he was waiting for, Demetrio has
returned.
Mayor Ferre: It is not the purpose of the Off -Street Parking
Authority of the City of Miami to get involved with the
parking problems of any other municipality and the Commis-
sion has gone on record on that and if you want us to reit-
erate it as an official policy, we will. Your job is to
worry about Miami, not to worry about any other municipali-
ty. I don't want to hear that you are up in Broward County
or Tampa or ... the answer is it makes money, well you can
go to New York and do it in New York and I could make money
too, but I think you should let APCOA and the other parking
private sector companies make the money in parking in New
York and in Surfside and Tampa and in Broward County. That
is not our role! It is not your mandate, it is not in the
' Charter and is not the intention, I don't think, of this or
previous Commissions and I realize that you want to grow,
=i but I think your responsibility is within the limits of the
City of Miami. If you want to go beyond that, then fine,
Id 54 January 10, 1985
but do it on your own, on your own time, with your own
*s money, not at the people of Miami's expense, even if you
make money.
Mr. Pantin: Does the Commission feel the same way about
County Parking?
r
Mayor Ferre: No, if County is beneficial to the City of
Miami, such as Metrorail, then the answer is, as I under-
stand it from previous discussions at this Commission level,
is that we are interested If on the other hand, you are
.,....,
thinking of going to Homestead to do a parking lot in Home-
stead, or you are going to the airport, that does not in any
way serve the best interest of the City of Miami and there
is no reason for you to be involved in it. Metrorail is the
one exception that I have heard of and speak up if anybody
has a different philosophy and as I understand it, your task
is to worry about the people, the citizens of Miami and
those things that affect the people and the City of Miami,
not Surfside!
Mr. Carlton: Mr. Mayor, we had that message loud and clear
when it was discussed a year ago. This contract has been in
k` place for over three years. If the Commission wishes ...
KS and all it is is collecting meters, no more - no parking
lots, no garages, nothing - just meters. If the Commission
wishes, we will discuss that at the Off -Street Parking Board
and terminate the contract but it has been in
�;��°_> ;' , place for
over three years.
Mr. Plummer: What do we make off of it?
=' Mr. Carlton: $18,000 a year for one-half a day's work.
1
x Mayor Ferre: You see, Roger, again - you are missing the
ryti point you know, and you seem to be resisting it. I am sure
you can go and make $180000 all over the State of Florida
w and compete with APCOA, but it is not the purpose of the
City of Miami to provide that service. You said "Well,we
are making money on it", but if it takes your time, or any
` time of your staff or it dilutes our effort or our direc-
tion, then I think the City Commission's position is to wor-
k * = r about Miami. We have enough things to worry about here.
Y 8 6 Y
?; You have problems along 8th Street, and you have got prob-
lems in Little Havana that we have talked about - you have
got problems in Allapattah. We have problems in Wynwood.
We have problems in Coconut Grove and if you are worrying
k x. about Surfside
, then you are not going to be worrying about
Wynwood. Now, you say, yes I am, but I say to you the work-
ing day only has eight or ten hours and there are only seven
.. days a week and you can' t do everything and you are not in
business to compete with the y p private sector now. Maybe that
- was before, but no more!
Mr. Pantin: We get the message loud and clear. The policy
has been not to compete with the private sector. We have had
a lot of propositions from managed parking garages. The S.
E. Financial Center parking garage is offered to us and as a
matter of policy, we said we were not interested.
Mayor Ferre: It is not -our business, that is APCOA's busi-
ness.
Mr. Pantin: It was .not our business to compete with the
private sector.
Mayor Ferre: That is right, and you know, Mitchell Wolfson,
God rest his soul ...
Mr. Pantin:
So we turned it down without futher ado.
ld 55 January 10, 1985
Oak
Mayor Ferre: ... it was his principle that this is not a so-
cialist economy and the government, with tax free funds, or
with tax incentives and without paying real estate taxes, is
not going to go out and compete with the private sector. We
are an agency of government. You are part of the City of
Miami government. APCOA is not - APCOA pays taxes. They
pay income taxes, you do not. They pay regular interest
rates, you do not. They pay ad valorem taxes, you do not.
It is not proper and fair for you to compete with the pri-
vate sector in private properties. Our business is the City
of Miami's business.
Mr. Pantin: We are in accord with that philosophy 100% and
we will comply with it of course, but we were not ... this
contract does not involve private property. It involves
just on -street parking meters.
Mayor Ferre: We don't want any on -street property outside
of the City of Miami.
Mr. Pantin: I am not arguing. I am just saying why we did-
n't apply the philosophy of not interfering with private en-
terprise in this particular case. That is the explanation,
but this being the wish of the City Commission on this ...
Mayor Ferre: We are not Metropolitan Dade County govern-
ment- Metro is responsible for all of this community. We
are not! We don't have anything to do with Surfside. Help
them, but I don't think we should involved in this. Now, on
the other issue, as you know the merchants in Little Havana
have been very, very upset, as have others, about all these
meters. I noticed in the report that you gave us, we have
gone up, we have almost doubled the meters in three years.
Now, I understand that several years ago there were meters
in Little Havana and then during the construction stage they
were stopped for two years and then they went back. I went
out and made that statement. It was an accurate statement
because it was not a complete statement, but the missing
sentence was, we have also added a lot of new meters, so if
I have 500 meters and they are functioning, and then I stop
them, and then I put 1000 meters, that is not the same and
that is exactly why we are getting all of the flack we are
getting. Now, I think we have overcome these problems, Rog-
er, you and I and others and Demetrio was interested and
brought to this process and I think we are okay.
Mr. Perez: Mr. Carlton, could I ask you something - what
action do you take in reference to the seventy meters that
you made a commitment the time of the press conference
about two or three months ago? They were supposed to be
eliminated in the Little Havana area.
Mr. Carlton: Mr. Perez, within three days all of those me-
ters were removed. They have been gone for a long ...
Mr. Perez: Three days?
Mr. Carlton: Within three days all ...
Mr. Perez: Within three days?
Mr. Carlton: Yes, sir. All eighty meters have been gone.
Mr. Perez: Seventy meters?
Mr. Carlton: Eighty.
Mr. Perez: Eighty. Could I get a copy of the list with all
the exact addresses? I have received a lot of complaints in
ld 56 January 10, 1985
'rr
-
that direction. Let me ask you something else - we have
been experiencing in other cities of the country, about
the possibility for using the parking meters as a way for
advertising. Do you have to make any story about?
Mr. Carlton: A couple of different vendors have come to the
Offs -Street Parking Board over the past few years and have
talked about peer advertising. It is generally a decal that
goes somewhere on the meter that changes from time to time.
There is a substantial revenue associated with it which is
estimated in the City to be in excess of $250,000 a year be-
cause of the number of meters that we have. The Off -Street
Parking Board; however, felt that the aesthetics and the ap-
pearance of those advertisements all over would not be posi-
tive and did not want to pursue it. The Downtown Merchants
as you know and the Downtown Development Authority are work-
ing on a study trying to beautify Flagler Street and move a
lot of signs and come up with a unified graphics program and
we really think before we add something else to that visual
pollution that exists, that we wait until that study is fin-
ished and see what it says, but we have been approached; we
have discussed it and it was declined because of the appear-
ance of those ads on all the meters.
Mr. Perez: Could I get a copy of any study that you have in
that direction, because I have received requests and ques-
tions from different citizens, especially, also in other
cities we have that if that experience was a good venture
?
and I would like to know more details about what you have
found out.
Mayor Ferre: All right, are there any other questions? If
not, thank you very much. We are about to ... Yes, sir,
Mr. Lopez. Oh, and by the way, the festival policy is not
going to be discussed today and it was announced earlier
twice. The Manager has requested that this be continued for
another month.
Y
� Poke to Mr. �
Mr. Lopez: Mr. Mayor and Commissioners even I s p Y
Carlton over this problem and I would like to let you know
,
that we are in a terrific problem in the Borinquen Health
Center and although we have parking inside and we comply
_ with all the regulations, we are having problems with the
parking in the front of the Center, and there are policemen
giving tickets almost every day to people who really cannot
afford and I would like to see, and Mr. Castaneda was going
;„F w to want to take a look at it, but for you to take into
consideration to see if we can have that front of the street
L of Center to waive the no standing or stopping so the people
will be able to get the services that we provide.
�? Mr. Plummer: Mr. Carlton, why don't you give us a report on
t
-k y that when you have time.
-
,„r,`° Mr. Carlton: Yes, sir, I agreed that I would go out and
look at it and give you a report.
Mr. Lopez: I am in the process of trying to get some money
so I can add some parking spaces to the clinic, but at this
time it I need relief for the people who go in front of the
clinic and are getting tickets every day. It is unreal.
Mr. Pantin: We are going to study that. I think not only
the parking meters, I think it is also the parking driving
lanes and we are .investigating that.
(INAUDIBLE BACKGROUND COMMENTS)
ld 57 January 10, 1985
{
004
v.s
50. DISCUSSION: 1985 LEGISLATIVE ISSUES.
,ri ::;.. :f rrwrwwrw.rivr.z.w.r.r.wir.rwrw-�aw�.rr.rrr-+rrw�w�rrrrwrwr.rrr..r.rrwa.rww�rrr�
i
Mr. Carollo: If we could take Item "C" up now. Yes, sir?
Mr. Clark Merrill: Members of the Commission, the City of
�4
Miami each year goes through a process whereby we try to I-
dentify legislative issues that we bring to the Commission
' for the lobbyist to take to Tallahassee to attempt to a-
chieve in the Legislative on behalf of the City of Miami.
Mr. Dawkins: Mr. Vice -Mayor, I moved that this be contin-
ued, because I do not feel that I should be handed this ...
Mr. Merrill: This is the same list that you received in the
packet. It is only rearranged.
Mr. Dawkins: Where is the packet? Which packet?
Mr. Merrill: In order to provide ...
Mr. Dawkins: This is "C"?
"r Mr. Merrill: Yes, sir. This is exactly the same list that
same to you in the package, except that it has been rear-
ranged so that we could show the
priority issues that Mr.
r` Sisser and I have discussed that we felt that the Commission
i mht be most interested in. The
'i 8 y put those up front and
then the rest of them in the back as policies. I would like
to introduce now to you Rick Sisser who is our lead lobbyist
in Tallahassee and he will be working with Mrs. Athalie
1
Range and Marilyn Reed who will be in residence in
k Tallahassee to pursue those issues that are in the present
best interests of the City of Miami. Mr. Sisser.
Mr. Rick Sisser: Mr. Vice -Mayor, Commissioners, I will go
over the priorities list. Item Number one is support of the
Miami -Metro Action Plan Legislative issues, which are listed
on the second page 11, 12 and 13, as priority issues. The
first one is the creation of the $3590009000 venture capital
program, with a $15,000,000 set aside for Black business de-
velopment. Number twelve is the expansion and to get more
=t`
racially balanced y
y grand juries in expansion of the jury
pools by using other lists, such as driver's licenses, etc.,
and the third area is authorizing judges to expand felony
3•,
juries from six to twelve persons and high profile the ra-
cially balanced, sensitive cases. The Miami -Metro Action
Plan only has four Florida legislative priorities for 1985.
The second issue would be to provide adequate safeguards for
'
operating child care centers and supporting the state legis-
lation in licensing and other areas that they would come up
with during this coming session. Number three is asking the
State to join the City of Miami and Dade County in joint
funding of the four pageants that we are going to have - the
two in 1985 and the two in 1986 and including them in the
fair share of advertising time that we have been able to se-
cure. Number four is the State's support of Miami Grand
}
Prix, which we have supported over the last three years and
I am sure you are all familiar with it. Downtown Develop-
ment Authority, as you -know, is having some problems with us
funding them. They have come up with three possible amend-
ments to the State laws that maybe allow them to collect the
='
fees that right now the City is giving them and you have had
problems in raising
g and we are going to hopefully solve that
.'
a
problem this session. Number six, Industrial Revenue Bonds,
there have been two problems in these Industrial Development
Bonds. The first one is that Dade County allocates all the
monies and the City doesn't get any back, so we are going to
try to get the City to have an allocation. The second thing
ld 58 January 10, 1985
`a
�4
t�
i`
#;
is as with the Coopers A Lybrand situation, the County of-
fered them an IDB and they left the City and we are going to
prohibit that not only in Dade County, but everywhere in the
$'4,t
State. Number seven is first source hiring agreement poli-
cy. Number eight is fine tuning the Enterprise Zone
' legislation which was g passed last year that does not go
into effect until 1986. Number nine is the Commission's
support of the State operated lottery. Number ten would be
the growth management policies which will be a very major
issue during the coming session. The rest of the issues,
fourteen through forty are policy statements. This is not a
firm list; it is a beginning list in January that we will be
submitting to the delegation. In February, as you know, the
Commission at any point in time can add any issue as a
priority or a policy between now and the end of the
session.
Mr. Carollo: Are there any further questions from the Com-
mission? Any further statements from the Administration?
None? Mr. Temporary City Manager, any statements? Mr. Tem-
porary City Manager, any statements that the Administration
would like to make?
Mr. Rosencrant2: No, sir.
Mr. Carollo: Okay, sir. Thank you very much, Mr. Sisser.
Mr. Sisser: Commissioner, thank you.
:_.
----------------------------------------------- - --------
°"
51. APPROVE MINUTES OF OCTOBER 10, 1984.
;}
? ------------------------------------------------------------
Mr. Carollo: We forgot to do Item one, approving minutes.
w
a If we could go back to Item one, if there is a motion ap-
proving the minutes of the previous meeting.
Mr. Plummer: Moved.
Mr. Carollo: There is a motion and a second. Call the
roll, Mr. Clerk.
x
MOTION APPROVED. Minutes of October 10, 1984 meeting
J.
were approved by unanimous vote of the Commission.
r.
52. DISCUSSION% ONE ART BALLET.
------------------------------------------------------------
Mr. Carollo: If we can go back to Agenda Item 5•
Mr. Plummer: Are they opposed to it?
Mr. Carollo: Good, this way they do not have to wait until
this afternoon.
Unidentified Speaker: ,We are here in behalf of the Chil-
dren's Ballet Festival and the last time we were here, we
were not considered a festival. We were a cultural event
instead of a festival the last time we were here. We are
back again. We were recommended for $350.
Mr. Carollo: Okay, if I recollect correctly, Commissioner,
Ma'am, we had approved $350 right off the bat at the last
meeting and we were going to discuss to get approval for the
additional funds that you were requesting. If I recollect
ld 59 January 10, 1985
correctly, Commissioner, didn't we ask the Administration to
come back with that?
Mr. Dawkins: You are right.
Mr. Rosencrantz: I think the directions that were given to
the Administration on a number of the festival issues was to
review and come back with the policies and then you would
take action on these requests as you received the
comprehensive policy.
Mr. Dawkins: Okay, so what we are saying is that once the
policy is set up; you come back and we can ...
Unidentified Speaker: So we are to be back again, and you
will notify us?
Mr. Plummer: The policy will be discussed at February's
meeting.
Unidentified Speaker: February's meeting? Okay. Thank you
very much.
53• MODIFICATION OF RESOLUTION 83-320 AMENDMENT III - FULLER
AND SADAO FOR BA?FRONT PAR[ REDEVELOPMENT PROJECT.
Mr. Carollo: Let's go back to Agenda Item 58.
Mr. Plummer: Mr. Vice -Mayor, I have no opposition to this.
I asked that it be a little further discussed as there was
so many items involved in one resolution, that I asked for
some clarification and that is what I am asking for.
Mr. Carollo: All right, can we have some further clarifica-
tion for Commissioner Plummer and the rest of the Commis-
sion?
Ms. Juanita Shearer: My name is Juanita Shearer and I am
with the Special Projects Task Force of the City Manager.
The purpose of this resolution is to correct a resolution
83-20, which was passed on this project some time ago. The
design services and consultant agreements for the Bayfront
Park Redevelopment Project has, along with the project, been
altered as the City's needs changed, and the consultant's
agreement has been amended three times. The second amendment
was approved conditionally, allowing us to utilize 50% of
the funding until such time as we fulfilled hiring
requirements that were passed on to us by the Commission.
Mr. Plummer: Are these commitments that we have made?
Ms. Shearer: Yes, they are.
Mr. Plummer: That is all I need.
Ms. Shearer: And this was ... basically the wording in the
previous resolution did not correctly identify all of the
commitments, but the cover memorandum and backup did.
Mr. Plummer: I move Item 58.
Mr. Carollo: There is a motion by Commissioner Plummer.
Commissioner Perez seconds it. Can we have roll call, Mr.
Clerk?
Id
N. ce
January 10, 1985
17 rx.
p
A
T,
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85 -46
A RESOLUTION CONCERNING RESOLUTION 83-
32E ADOPTED APRIL 6, 1983 ENTITLED "A
RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AMENDMENT III, IN SUBSTAN-
TIALLY THE FORM ATTACHED, TO THE PROFES-
SIONAL AND TECHNICAL SERVICES AGREEMENT
DATED JANUARY 199 1982, AS AMENDED, BE-
TWEEN THE CITY AND FULLER AND SADAO,
P.C. FOR THE BAYFRONT PARK REDEVELOPMENT
PROJECT; FURTHER AUTHORIZING THE CITY
MANAGER TO EXPEND AN AMOUNT NOT TO EX-
CEED $104,950 FOR THE COST OF SAID A-
MENDMENT III; FURTHER AUTHORIZING THE
CITY MANAGER TO EXPEND AN ADDITIONAL SUM
NOT TO EXCEED $360000 FOR THE COST OF
SPECIAL CONSULTANTS REQUIRED UNDER SAID
AMENDMENT III; WITH THE HEREIN AUTHOR-
IZED EXPENDITURES BEING SUBJECT TO A-
VAILABILITY OF FUNDS.", BY AUTHORIZING
THE CITY MANAGER TO FULLY6 IMPLEMENT
SAID AMENDMENT III BY THE EXPENDITURE OF
AN AMOUNT NOT TO EXCEED $104, 950 AND BY
FURTHER AUTHORIZING THE EXPENDITURE OF
$270o5OO FOR THE REMAINING COST OF
AMENDMENT II TO SAID JANUARY 19, 1982
AGREEMENT, AS WELL AS THE EXPENDITURE
OF AN AMOUNT NOT TO EXCEED $360000 AS
SET FORTH IN SAID RESOLUTION 83-320.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Perez, the resolu-
tion was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
WHEREUPON, THE CITY
A RECESS AT 11.:40
11:45 A.M. WITH ALL
MISSION FOUND TO BE
missioner Carollo.
COMMISSION WENT INTO
A.M. RECONVENING AT
MEMBERS OF THE COM-
PRESENT except Com-
54. BID AWARD: SON BANK/FLAGSHIP NATIONAL BANK OF MIAMI
$12,000,000 BOND 'ANTICIPATION NOTES OF THE CITY OF
MIAMI.
------------------------------------------------------------
Mayor Ferre: Agenda Item 3 - this is a
Sun Bank of Miami, Flagship National
$12,000,000 bond anticipation note for
Florida in setting forth the rates of
resolution awarding
Bank of Miami a
the City of Miami,
interests and other
ld
61
January 10, 1985
004
details respecting such notes.
a motion?
PS
Is there a motion? Is there
Mr. Perez: Could I get the City Attorney's recommendation?
Mayor Ferre: City Attorney recommendations.
Mrs. Dougherty: Yes, sir, Mr. Commissioner, we recommend
it.
Mr. Carlos Garcia: Mr. Mayor and Commissioners, I just want
to make a short statement. Although we have received only
two bids, we are very happy with the rates that we received.
The average rate on this bond is 7.015%, which is 65% of
prime, which is a very good rate.
Mayor Ferre: I wish we could get that on a permanent basis.
Mr. Garcia: Yes, sir, and besides that, we have saved the
City approximately $60*000, because there was no official
statement prepared, there was no rating these notes, and
that created some savings of approximately $60,000 and we
are very happy with the results of the sale.
Mayor Ferre: I am glad that you put that into the record,
3
and I thank you. Is there a motion now?
` Mr. Dawkins: Move it.
Mayor Ferre: Okay, do you have any questions, legal ques-
tions? Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 84-47
A RESOLUTION AWARDING SUN BANK OF
MIAMI/FLAGSHIP NATIONAL BANK OF MIAMI
$12,0009000 BOND ANTICIPATION NOTES OF
THE CITY OF MIAMI, FLORIDA, AND SETTING
FORTH THE RATES OF INTEREST AND OTHER
DETAILS RESPECTING SUCH NOTES.
(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.
Vice -Mayor Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
---- -------------------------------------------------------
55. PERSONAL APPEARANCE: MOlNTY FREEDMAN CONCERNING MIAMI
INTERNATIONAL FESTIVAL.
Mayor Ferre: Anybody else on any issue that hasn't been
discussed. Marty, do you want to be heard?
Id 62 January 10, 1985
Mr. Morty Freedman: I'd just like a little guidance if I
could because I understand that the question has been post-
poned for some time on the Festival. We asked the people
that come from other countries and have to get permission of
!
their governments for transportation and to represent their
=`
countries, and this usually takes five or six months to get.
The Festival is in May, and we are really on the edge of the
time situation. Also, for the International Ball, we have
to obtain reservations at one of the hotels and they usually
require a deposit, especially for the weekend, and we are
very pushed time wise. I'd just like to know whether I can
go ahead and proceed as we normally do, subject to the pol-
icy of the Administration. Otherwise, we won't have a fa'
cility for the ball and we will not have these people coming
up here, who entertain at their own expense, incidentally.
Mayor Ferre: Any comments from the Administration?
Mr. Rosenerantz: Mr. Mayor, this is a situation that the
City Commission is going to have to assess. We do not have
the policy in place that relates to this issue. If you
feel this is important enough and comfortable enough with
the subject matter that you want to proceed before you get
the policy in place.
j
Mayor Ferre: I would say that this is an important item for
the City of Miami. It always has been. We floundered at
times. We need to get this thing straight, and I would say
that this needs immediate attention.
Mr. Freedman: Okay and I can proceed ...
,r
Mayor Ferre: I think you need to sit down with the whoever
'
the Manager appoints and our next meeting, Marty, will be
January 24th. I think it should be the first item on the
Agenda for a finalized solution. I don't think we are ready
^Ya
to give you an answer right now.
Mr. Freedman: Okay, thank
you.
Mayor Ferre: But I think, just on the record, unless I hear
y
otherwise, it has the strong support of this Commission. It
always has had, and I think it would continue to have it.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS at
11:55 A.M., reconvening at 3:40 P.M.
f
56. DISCUSSION A CONTINUANCE: PROPOSED ORDINANCE FOR NEW
SPECIAL REVENUE FUND •MCAC BUDGET 85" - CABLE T.V.
-------------------- --- ----- ----------------- ------------- --
Mayor Ferre: Agenda Item 53•
Mr. Clark Merrill: Mr. Mayor, this is for the Miami Cable
Access Corporation. It is a process that this Commission
has been involved in from the very beginning and what this
does is to transfer some committed funds that we have
received from the Cable Company to the Miami Cable Access
Corporation and ...
Mayor Ferre: Is the Miami
functioning as an -entity now?
Mr. Merrill: Yes, sir.
Mayor Ferre:
Cable Access Corporation
Who is the chairman of the board?
ld 63 January 10, 1985
TM jT'
T ;
Mr. Merrill; Okay, I would like to introduce to
you Mr.
Paul Dee, who is the Chairman of the Miami Cable
Access
Corporation.
r,
y
Mayor Ferre: Mr. Dee was elected when?
Mr. Paul Dee: I have been with the Miami Cable
Access
Corporation since its inception, was appointed
by the
Commission two and one-half years ago and have done ...
Mayor Ferre: But I mean, you act as chairman now?
Mr. Dee: I have been chairman - yes, sir.
Mayor Ferre: You are at the University of Miami?
Mr. Dee: I am presently at the University of Miami.
That
is correct.
Mayor Ferre: Doing what?
Mr. Dee: I am the secretary to the Board of Trustees and
the General Counsel of the University of Miami.
Mayor Ferre: Oh, I see, and then you were elected by the
committee as chairman of Miami Cable Access?
Mr. Dee: That is correct.
Mayor Ferre: And at the present time, how many board
members are there in MCAC?
Mr. Dee: There are seven members of MCAC presently.
Mayor Ferre:Those are the seven educational institutional
representatives that were originally appointed by this
Commission, including yourselves, FIU, Barry, Florida
Memorial, Biscayne.
Mr. Dee: Biscayne, or St. Thomas - it is St. Thomas now,
Dade County School Board and Miami Dade Community College.
Mr. Plummer: What are these monies being used for? It is a
lot of money. You are talking about almost $1,000 a day.
What are these monies proposed to be used for?
Mr -Dee: The Miami Cable Access Corporation is established
for the purpose, by the ordinance itself, of bringing cable
access to the people of the City of Miami. The purpose of
that is to have programing that is developed by the people
of the City of Miami through the facilities that will be
made available through the Miami Cable Access Corporation.
Our job is to bring the funds together to create the centers
and production facilities to make them available to the
people of the City of Miami to train these people. Now,
what the monies will be used for - personnel to run the
centers, for the operational costs of the centers and for
the general operation of the Miami Cable Access Corporation.
Mr. Plummer: Is this the first grant you have ever received?
Mr. Dee: We received initially an appropriation of
$2009000, two and one-half years ago, and we have been
operating on that $200p000 since that time. We have
approximately $1100000 remaining of that amount.
Mayor Ferre: Mr. Dee, this was received in my office
yesterday afternoon at 4:10. You know, I am a fairly fast
reader, but I don't think you can expect for me to absorb
this in this short a period of time.
ld 64 January 10, 1985
Mr. Dee: No sir, it wasn't our intention to do that. We
have been working in this area with the Administration of
the City through the Cable Division with the City Manager's
office and I presented our budget, and in fact presented the
budget back in the budget time last July for approval as it
would come along naturally in the month of October so that
we could begin the fiscal year. There was at that time
-_
pending
p g legislation in the Congress and a pending proceeding
before the F.C.C. The pending proceedings before the F.C.C.
now has been declared moot, it is my understanding, and the
<;
statute did pass, which relieves several of the concerns
that have been expressed to us in any way by the members of
the Administration and what we were asking for at this time
is to begin the budget approval process - the process that
should have occurred previously. There have been attempts
made to contact the members of the Commission by contacting
their offices to make appointments so that we could come and
do this and I agree with you that that ...
F-
Mayor Ferre: Well, I will tell you - this is on first
reading. I don't mind passing it if the other members of
the Commission wish to on first reading, but I want to tell
Mr. Plummer: I would ask that it be deferred.
Mr. Dee: Yes, this is the first reading.
Mr. Plummer: In this book that we have there is not even a
'
proposed budget of what this money will be used for.
-- i
Mayor Ferre: It is in the package - Item 53• Clark, I want
to tell you, you know that I am all for access, but I have
some very serious concerns about access cable corporations
r
in other American cities and the way they have been misused.
You know that the first amendment is a wonderful thing and
it give us very broad access to a lot of things. Everybody
seems to think that my problem with pornography stems only
from a trip that I took to New York. I have had that
problem against pornography on television way before then,
and I have it since, no matter the Miami Herald editorial
department and News and all the other people say. I do not
want pornography in our cable television system. Now, I am
concerned because that program that everybody seems to think
is the only thing I have ever seen in television in New York
�
was in an access cable, and it is also my understanding that
we cannot deny people the right to access and if somebody
wants to have a show where they can talk about in the nude
how they get turned on sexually and how they go through the
,r
w
s'
l sexuaprocess and the whole thin
P g, as they do it in the New
York access Corporation, I need to know the assurance that
that is not going to happen on this program.
Mr. Clark Merrill: Mr. Mayor, can I give you the significant
difference between the two. The one that you saw in New
York was leased access, over which we have no control. That
is the cable operator. This is public access, and under
public access, there will be rules and regulations
promulgated there will be some counseling and it is not
operated that way on public access.
Mayor Ferre: Are you telling me now that the Nazi party of
South Florida wants to have a program to explain how this
whole thing about the holocaust was lie and how Hitler was a
great guy and all of that? We are not going to have a first
amendment problem in giving them the opportunity to come up
and go through all that garbage?
Mr. Dee: Mr. Mayor, we have for a long period of time
considered the difficulties that will be faced by giving
Id 65 January 10, 1985
M
:,. access generally to the people for a system of this kind. I
can't tell you that we could eliminate and make decisions
about what will or won't et on'but our purpose is to use
�t for the people of the City the access so that it will be
used for positive purposes. Obviously ...
Mayor Ferret If the American Nazi Party or the people, the
Gay movement for free love on television come and ask you
and they want to have a half-hour program to explain why it
is better to be a lesbian then so on, are you telling me
that you have a right under this thing to tell them that we
are not going to use public funds or cable to let them have
the program?
Mr. Dee: I would say this to you, that I think that the
people that would be responsible for that would probably
tell those people no, and we might have a Federal judge tell
us - yes, that it would be our point to protect the
interests of the people of the City, both the consumer as
x well as the user.
Mayor Ferret Well, we have a request by Commissioner
~_- Plummer that this item be deferred. Is there any reason why
F W:.
it shouldn't be deferred?
Mr. Merrill: This is on first reading and we will have a
public hearing on the second, and if there is other
questions in between the first and second reading, we can
Mayor Ferret If Mr. Plummer wants to move it on first
reading, I have no objections, but he has the right. Mr.
Plummer, do you want to defer this?
14
�Y
Mr. Plummer: Mr. Mayor, let me tell you, I've got some more
'- concerns and I want to remind you of your concerns - that
during the budget process there was some $750,000 to set up
a studio. Now, I am not comfortable at this point whether
or not that $750,000 is involved with this year. All I am
mt� looking at combined total is over $1,000,0001 Now, I think
3 what we need to do, we cannot look at just a piece of the
j pie. I think we have got to look at this as a separate
item, and then we have got to look at $750,000 and see if
there is not some way of combining to try to say the City
money. Just because this money comes in to us in the cable
does not mean we should just let it j go like crazy. So, I
1 think we should defer it, we should get a total look at the
�Mta picture and once we do that, hopefully we should be able to
combine in some areas and condense and reduce and as such
reduce the amount of money spent.
Mr. Merrill: What we need to do is sit down with you
individually and discuss this and explain to you what the
`- x ^•.'
differences are between the two different projects, but if
you pass it on first reading, we can do that before second
reading.
*Y Mr. Dawkins: I second the Commissioner's motion asking it
be deferred. I second it.
-n Mr. Plummer: I see no problems to defer it until February.
You have got $110,000 left from your last budget, right?
Mr. Merrill: From our two last budgets.
Mr. Plummer:
broke. You
money, very
deferring.
From your two last budgets - so you are not
have lunch money, so I commend you for having
few people do! And I see no problem with
ld 66 January 10, 1985
Mr. Dee: If I might, just in conclusion address some
remarks with respects to this, the seven educational
institutions that have been involved with this from the very
beginning have worked laboriously for two and one --half years
to one, comprehend the provisions, to bring together a cable
access corporation, to incorporate it, to bring about the
selection of an executive director, which we have done with
the funds that have been available and now it is time for us
to move forward to take this to the people at community as
you had asked us to do from the beginning and this
deliberations and the deliberate approach that we have had
to this has been exactly addressed to the problems that were
enunciated by Mayor Ferre, that we do not want to be a
failure. The access to cable vision by the people of the
City is extremely important. It was important to you when
you created the ordinance and it is important to see it
through so we do not have predestined failures so that we
can have the cable eliminated - that particular access
eliminated. The people need to have these things and it is
our job to bring it about to educate those people as to its
use and availability and to bring up an active cable channel
that presents the programming of and for the people of the
City of Miami and our actions have been very deliberate,
and served for two and one-half years since August of 1982,
obviously for no compensation because it is a labor of love.
We all on the board believe wholeheartedly in the process
and it is our desire to see your will through. If, however,
it is not your will, then we will have to adjust to that,
but I really believe in it and believe that when it is all
understood, that the access for all of the people of the
City of Miami to television, for their own programming, is
something that if done properly, will be of definite benefit
to you and for all of the people of the City, and that is
what we are all about.
Mayor Ferre: All right, sir, do we need a vote on this
s`L
r`
deferral? It is a continuation to the February meeting on
first reading. Call the roll, please, on Item 53•
C
i
1
MOTION TO CONTINUE. Foregoing item was continued
-''
to February 14th meeting by the following vote:
>'
AYES: Commissioner Miller J. Dawkins
f
Commissioner J. L. Plummer, Jr.
ti
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
Y
"..-'
NOES: None
k�
ABSENT: Commissioner Demetrio Perez, Jr.
F.::. - - - ---------------------------------------
57• DISCUSSION: PROPOSED REVOCATION OF OCCUPATIONAL
LICENSES FOR BUILDINGS THAT HOUSE DRUG TENANTS.
------------------------------------------------------------
Mayor Ferre: Agenda Item 29 - Miller, that was yours.
Me. Dawkins: Mr. Mayor, as you know, I have been
complaining about the drug situation around Drew School,
where I have Mr. Edwards, the Principal of Drew Junior High,
Mr. Morley, the Principal of Drew Elementary. We have the
President of the P.T.A. sitting next to him. We have Mr.
Mingo the Principal of Orchard Villa Elementary School, and
they are as concerned as I am and I would like for Mr. Joe
Silas, who is a property owner out there to come forth and
tell us of some of the problems that he knows of out there.
ld 67 January 10, 1985
ax,
``arvs
'4
Mr. Joe Silas: Good Afternoon, Commissioners, my name is
Joe Silas. I am a property apartment owner in the area of
'
1228 N. W. 61st Street and also 1215 N. W. 60th Street. My
main concern in that area, which is commonly known as "Drug
City", as the frequency of transient traffic into that
specific area regarding drugs - drugs there is a very, very
p.
common item. It can be bought any hour of the day.
Recently over the past weekend, I spent the weekend there
and I observed all three ethnicities in that specific area
Black, White and Hispanic, buying drugs as frequently as
"?
children buy cookies in the candy store. The apartment that
I own, there are several drug users and there are Pushers in
that area in the apartment. I have gone to the City of
Miami Police Department. I am a member of the Inner -Agency
Action Committee which is a component of the Community
Relations Board. We have addressed this specific problem.
I have been told that you have to utilize the civil process
in evicting these people; however I have utilized that
process, but as you are well aware, that this is a very
expensive process, however, at this time, I am in the
process of throwing these people out, but I know that they
are pushing drugs in these particular apartment buildings.
A
I have called the Police Department, the Vice Squad; I have
spoken with several high ranking police officials in this
regard. To my knowledge, as of yet, this condition still
„:.:.
exists. Now, I know for an fact that this particular area
is the main suppliers of Miami Northwestern Senior High,
Charles R. Drew, Orchard Villa Miami -Edison - both senior
�w
and middle school, and all of the other schools in that
area. I think that a task force composed of Metro -Dade
County Police Department, the City of Miami Police
�H
Department, the School Board, and any other departments
should get involved in eradicating this particular drug
�
problem. I cannot possibly conceive that so many actions
were taken against the prostitutes on Biscayne Boulevard and
right there we have the major drug city of Miami being
w „
conducted in this Black community, and nothing is being done
about it. Thank you very much.
Mr. Dawkins: Thank you very much. Now I would like to hear
`{>
from the President of the P.T.A.
Comissioner Demetrio Perez returned at 3:55 P.M.
Mrs. Glenda Wingard: My
name is Glenda Wingard, and I live
at 5600 N. W. 18th Avenue. As a parent of that area, I am
very concerned about my
children, along with other children
in the same area. Children have to walk to and from school
amid all types of drug
activities. We have complained to
the City of Miami and to
other public officials, asking them
N
to do something to help
us with the problem. Today we are
here asking you, as our
elected officials to please help us
save our children.
Mr. Dawkins: Thank you. Okay, what it is, Mr. Mayor, I had
the three principals come because they are doing such a good
job that they have youngsters who bring drug paraphernalia
-°
to the office and say "We picked this up on the way to
school!", so they are doing the best that they can, but I
can't understand how the City of 0 a Locka can close down
`
buildings where drugs are being sold, nail them up and evict
the people, and the City of Miami cannot do it! Now, I have
asked the City Attorney and the City Attorney refers me to
the Charter. The Charter isn't worth a damn! What we need
is something that a policeman can go out with in his hands
y
and evict these people and board them up. I have a
f
gentlemen who is very angry with me, the City of Miami and
the Miami Police Department. He is a professor at F.I.U.
;3
They were selling drugs in his building. They broke the
Id 68 January 10, 1985
'µy�^
j'-
door down and broke out jalousies that he says the City of
Miami should pay for. Our Risk Management says we do not
k
have to pay for it, because drugs were being sold when they
broke in, so I would like to know from the City Attorney,
g
Mr. Mayor, what is it we can do to assist this neighborhood
in stopping drug sales, because when the Government Task
Force came down and left and said it cleaned up drugs in
Miami, they did notl They pushed the drug pushers from Key
Biscayne, Coral Gables and the other affluent neighborhoods
s°
to Coconut Grove and Overtown! And now, we would like to
know what it is that the City of Miami police can do to go
'
in these places where we know drugs are being sold, and here
is an owner of property saying that he does not mind if the
P P Y Y 8
police go in and put whoever out who is selling drugs and we
don't seem to be able to coordinate our efforts and I have a
problem with that, Mr. Mayor.
Mayor Ferre: Okay, Madam City Attorney?
Ms. Dougherty: First of all, the sale of drugs is a crime
}
and so to the extent that the police are alerted to a crime,
they can obviously enforce it, but secondly, the City of
Miami has the exact same powers as Opa Locka does to close
4:
buildings which are found to be housing drug pushers. We
can do it in two ways - we have the power under the State
y'
law to enjoin the operation of a house of ill repute, where
it impairs, the health, safety, welfare, convenience of the
'.-
citizens and specifically, if it found to be using drugs;
but again, the Police Department is going to have to make a
,kJ .
case for that before we can go into Court and enforce that;
and thirdly, the City, like Opa Locka, has the right to
revoke occupational licenses in the event that a building is
fi>
found also to be housing drug pushers. But in the case of
�
the first gentlemen who spoke, that means he would not be
able to operate as an apartment building for anybody, so it
is not just an individual person who is found and evicted,
but the entire building would have to be closed if it is
found to be a drug operation.
Mr. Dawkins: Even if the owner himself reports that there
is drug activity in my building, you would go in and close
;.:
the whole building although the owner is attempting to
cooperate with the police?
Ms. Dougherty: Well, you use the example of Opa Locka and
v
in Opa Locka, they revoke the occupational license of the
n,4
apartment building, which means they cannot operate as an
apartment building. That was punitive against the owner of
the buildings, because he allowed that to exist in his
building. In the case of the first owner, he is trying to
�
solve a problem that is in his building that is existing in
A'
his building and in that case, it is a police enforcement
problem.
Mr. Dawkins: Well, I can tell you that Commissioner Plummer
and I have gotten in the car and started at
17th Avenue
going down 6Oth Street, and as official as J.
L. Plummer's
a;
car looks, the drug pushers (am I lying,
Commissioner
r'
Plummer?) have run up there to hand drugs into
the window to
me and Commissioner Plummer. All right, it
is something
that somewhere along the lines, we have got to
get a handle
on and I would hate to see , and it is going to
come to that
and I am not advocating, nor am I trying to project, but we
are going to have a case on our hands where
•
some parents
�
decide to shoot
some drug g pushers, the same
as a subway
v``;-•'
rider decided to protect himself and before it
gets to that,
I think we should do something, Mr. Mayor. Yes, Ma'am? I
don't see why not, come to the mike, please.
Id 69 January 10, 1985
W
�s
y;fe;
Mayor Ferre: You have to come up to the mike. This is not
a public hearing item, but I will recognize you. The
Commissioner wants to hear what you have got to say.
Mrs. Dougherty: it is a public hearing.
Mayor Ferre: Oh, it is, I am sorry. I stand corrected.
Yes, Ma'am?
Ms. Amy Barker% My name is Amy Barker and I am an outsider
and I am listening to this ..
Mayor Ferre: Ms. Barker, our rules here are you need to
identify yourself - your name and your address for the
record.
Ms. Barker: My name is Amy Barker and I live at 521 Menendez
Avenue in Coral Gables. It sounds to me like you are making
the people that own the apartment houses the criminals, and
you are making the drug pushers - let them just move on!
Why don't you do something about the drug pushers
individually themselves, instead of making other people the
scapegoats.
Mr. Dawkins: Mr. Rolle.
Mr. Billy Rolle: I am Billy Rolle - 3430 Williams Avenue,
Coconut Grove and they had me locked in. I just came from
Elizabeth and Grand and next door to my residence at 3430
and next door to my apartment, Plaza and Grand, so I am
locked in everywhere I turn. I feel like doing these
vigilante kind of things, but then my better judgment tells
me not to, but I remember the personality, God bless him,
when Chief Hadley was the chief, and he told a lie as
You go out, and I get calls about situations in the street,
now something has to be done, or somebody won't be paid. I
remember that, 10 or 15 years ago. The Chief would come to
the line and said, if we can't clean the streets then
somebody is not going to pick up their check, because it
tells you that, but the situation keeps going. I come out
of Hibiscus and Grand every morning - I am sorry, Elizabeth
and Grand and then I am a sort of, what do they say - light
skinned Black and try to sell me the things, but I know the
people there. I have been threatened and my wife has been
threatened, but then we continue because we just arm
ourselves and keep going because we are bottled in, so this
is the problem in the Grove and I know what they said about
Liberty City, but it is really tough here, and I think -
hoping that eventually there are getting ready for a big
bust in Coconut Grove and I hope it is pretty soon because
we are destroying too many kids. Thank you.
Mr. Carollo: Billy, there is no question about what you are
saying. It is very true but let me assure you of something,
that even thought the Black community is probably paying the
brunt of that price in the Black youths, this is a city-wide
problem and it has gotten to the point that it is so bad
that I have got people that even surprise me come to me to
complain that why is our Police Department not doing
anything? The marinas in this place, you have drug pushers
working just openly,. with no concerns for any law
enforcement agencies coming at them. You see little old
homes, plain looking homes, that you have cigarettes that
are worth more than the whole house, parked on the front
lawn all kinds of shady things going on and it seems like
we, you know, don't have any kind of a Police Department
that is involved in the fight of narcotics any longer.
Mr. Rolle: May I mention one thing, Commissioner, before I
leave - one of the main shops in the community is the
ld 70 January 10, 1985
grocery store. Now, I am closed to mine, because they have
been doing 24-hour business there and I am losing $800 a
Y
month, but then, we have cleared that and some of the
officers here can attest to that, but we have to close these
places, there must be some ordinances in the City of Miami
that these stores cannot stay open longer than bars or
.
liquor stores. Some stores run 24 hours. Somewhere down
the line, you must close at a certain hour. This is kind of
tough on the police officers, because they sit around in the
stores and the people on the block just step in the store
and they are safe but you need something to close these
k>
stores down.
Mr. Carollo: Well, I will be honest with you. I think what
really is needed is for a very strong suggestion from the
City Commission to the Police Administration that fighting
narcotics in this community should be the Number one
priority with that the police take up this year.
Mr. Rolle: I agree.
Mayor Ferre: Mr. Morley, will you come to the mike,
please. Mr. Morley, I brought you to the mike to confirm
what I am getting ready to say. Mr. Morley and I called the
Chief of Police and Mr. Morley agreed that surveillance
should be set up from his school. Surveillance was set up
y
F=
with long range cameras and etc. The police came and swept
the for
area two days, am I right, Mr. Morley?
Mr. Morley: Yes.
Mr. Dawkins: The area was clean. The third day, what
happened?
Mr. Morley: It was as usual.
z
01
Mr. Dawkins:
As usual.
.}
Mr. Morley:
Business as usual.
IN ,.!
Mr. Plummer:
Yes, but the price went up!
_Y
'.�
Mr. Dawkins:
So, what we are saying is that,
we
try, right
Mr. Morley?
But, somewhere along the
line,
something
s4,
sustaining has
to go on, because we sweep
and put
people in
jail, and they
take their social security
card, or whatever
'=
they take,
they get out of jail, and
we see
the same
individuals,
am I right, Mr. Morley? - the
next day
pushing
=:!
drugs!
Mr. Morley: Yes. They made an effort in June, it was about
the first or second week in June and then right after that,
about the third week it was business as usual. The amazing
thing about this is that my school, Drew Elementary, the
County line runs right through it. You have the City on one
side and the County. It is just amazing. You have drugs on
one side of the street, that is on the side that is the City
of Miami, and I don't have the individuals selling it openly
on the other side. I am not saying that they aren't selling
it on the other side„ but it is not openly.
Mr. Carollo: It is not openly.
Mr. Morley: You can walk on the City side and they are
rubbing their hands like this! I think something should be
done about it.
Mr. Carollo: It is a pretty sad state of affairs for the
City of Miami when a school principal has to come here and
acknowledge this kind of problem to us and on the County
ld 71 January 10, 1985
tfi
side, at least to his knowledge, it is not being that open,
but in the City side, it is. If we are not receiving a
message by his words here, I don't know what will give us
the message then!
Mayor Ferre: Excuse me for a moment, Commissioner. Mr.
Manager, I saw Chief Dixon walking around here a little
while ago, is he still here?
Mr. Rosencrantz: Yes.
'.:
Mr. Plummer: I think he left.
Mayor Ferre: No, I saw him back there, fifteen, twenty
minutes ago. I think, if he is still here and has not gone
back to his office, perhaps he might want to be involved in
this. All right, I am sorry - proceed.
t.
Ms. Taliba Adissa: My name is Taliba Adissa. I live 1935
N. W. 56th Street. I am in the County, but again, it is the
borderline of the City. What happens in the City affects me
r
too. I think we have come to revocation of occupational
licenses, because we find that in this community we have so
many missing landlords, who don't know what is going on in
"=
their buildings and who could care less what is going on in
their buildings, and we feel that this is the way to get
'
them to understand that we are not going to accept this
happening in our community. If we cannot find them to be
s4
responsible for what is going on there, then we think that
we ought to have that option of having that occupational
license pulled.
Mayor Ferre: You know, I might point out, and Lucia, I know
you are going to be upset when I make this statement and I
hope you understand and I don't go too far in making it. It
isn't that we want to do unconstitutional things. I think
we totally should avoid laws that are unconstitutional in
nature, but you know there are cities in Florida that have
very strong feelings about houses of prostitution and drug
dens and things of that nature and through the permitting,
licensing, and other avenues that are available, they are
very strong, and I know that sometimes ... Chief, would you
come up to the microphone for a moment? We understand that
it becomes a difficult problem, but I am sure that with the
Rico laws and the other types of laws, that we might be able
to be a little bit more strenuous in pursuing some of these
things. Chief, you were not in the room, but a series of
distinguished principles from different schools in the
community have been explained to us for the last twenty
minutes. The terrible problem of the blatant abuse in the
use of crime and criminal action on the part of people who
with impunity are pushing drugs in the City of Miami,
especially in our schools and the fact that there seems to
be a difference in the attitude of these criminals in the
way they act in the City of Miami and the way the act across
the bounder of a street with Metropolitan Dade County or in
a place like Opa-Locka. And from what I'm hearing is that
perhaps as you come into your administration, that we need
to act with a lot of - vigor to make that the number one
police matter and it will is the number one police problem
that we have. There isn't a criminal act, whether it's
murder or rape or burglary or whatever, any part one crime,
the vast majority,of part one crimes in Miami as in the rest
of the United States are drug related and I think we really
need to get very active in every tool that is available to
use within our legal rights. Whether it be through use
permits, zoning, violation of zoning, arrests, continuous
1d & gl 72 January 10, 1985
11�
surveillance, so that these criminals just simple do not
feel that they can move across the County line and get to
the City of Miami and then there that they can deal in drugs
in impunity.
Chief Clarence Dickson: I agree Mr. Mayor. One of the
priorities of the Miami Police Department that exist now is
in fact the enforcement of street drugs. We have... that's
>:
a problem that has to do with the cohorts and the way they
treat these people when they are arrested. If we could keep
4,.,.
a drug dealer in
g jail for an average of six months we could
clean the streets of drug dealers within a month and a half.
Now in the area of... In don't know what area we are talking
about right now, but I would just assume some that I'm aware
of, 61st Street between 17th Avenue and 12th Avenue is one
F
area that we have busted and cleaned out several times. The
squat team goes in there. We get buys. We make busts.
Before we can get our troops back out on the street the drug
dealer is back there or another supporting element who sell
drugs are there. We go back and bust them again. I think
that the reason for that particular area that they hang
there is because of the buildings apartment dilapidated a s that
P P 8
exist there and the cover that those apartment buildings
provide for them. On the west side of 7th Avenue such cover
do not exist. There are no large, huge apartments on the
County side. They would have to stand on the road way and
be clearly seen in order to do that. One of the solutions
that I see to that would be to deal with those people who
are obviously absentee landlords and some of those buildings
in fact are vacant. The drug dealers can go in there at any
Si.t
time day or night, take cover and remain out of sight. In
N
particular, the elementary school that's right across---
`
Drew ---across the street on the west of 17th Avenue. We did
a two day survey over there because we had word that the
drug dealers were selling drugs to the kids from Drew as
!
they were leaving and going to school. We set up a
p
surveillance there and we found something that I'm not aware
'
of whether the principle is aware or not about his students
4
at Drew. Those kids on film that we have, when they reached
the front part of that apartment that was noted for selling
'
drugs they systematically crossed the other side of the
s
street and would not even cross on that same side where the
drugs are being sold. I commend the principle and whatever
ny,
educational program on drugs that they have at that school,
-'
because the kids are listening ' g to that. We didn't find one
drug dealer who was able to approach one of those kids to
4
sell drugs to which we want to catch and put him away.
Finally, we had to go in there and go ahead bust them and
take them to jail. However, that person was out again
within a day. He didn't set up his drug operation there,
but he did set it up in another place and he was busted
x�.
again.
Mayor Ferre: Now, let me ask you a question. See the
problem that we always seem to run across is this multi -
jurisdictional stuff. I think if the City of Miami Police
Department or your administration is going to get tougher
and more vigorous which I think is much needed and we need
to do, i would hope that you would set up a continuing task
force approach with the other jurisdictions. I think on a
daily basis if necessary, but certainly on a week basis,
that your department should be meeting at a very high level
with the Metro department, with the justice department, with
the people of DEA so that somehow we can go after some of
these people on a very, very clear stuff pattern, so that we
know what the other jurisdiction is doing and may be the
chief of justice or somebody representing the Chief,
Administrative judge in this Circuit Court can be present so
that we somehow, even if we have got to go spend some money
gl 73 January 10, 1985
?
f
4
and get some people to document the revolving door process
that's happening in our judicial system and see if we can
have a specific target where we can go out and put these
k..,
people in jail and try to keep them there for more than six
�}
months to see if we can get the maximum of them in jail. We
need to do something drastic. I think what Commissioner
Dawkins and Carollo are point out here is that the situation
is at a critical point and we need to address it with a
great deal more vigor than it seems to have happened in the
past
,
Chief Dickson: You mentioned the Rico Statute. We met with
kgs�_'...
a community group two nights ago and we are in fact trying
. ,
to push the Rico Statute. We have been doing that now for
5;.
.tPit'..
about two years. The only resistance we have met is that
the State Attorney's Office do not have the personnel that
is needed in the way of drawing up the appropriate papers in
order to enact the Statute when we make a case on drug
dealers and pornography dealers, etc.
Mayor Ferre: Well, I would recommend that you handle it
this way. I think that you ought to get to meet Janet Reno
very quickly on this and that you ought to have the ability
to call her and just bug the hell out of the State
Attorney's Office until we have, you know, find some kind of
==
a solution. I'm sure she is just as anxious to solve this
problem as you are. And I think it's a question of
communicating and then just staying on top of it. And if
you... I'm sure if you need any member of this Commission or
i:;
the Manager or myself to help, we would be more than happy
to go with you to see Janet Reno.
Chief Dickson: Ok. As Chief I can do that now. Before I
did not have the ability to accomplish that.
j
Mayor Ferre: I understand.
Y! r
'x4.; i
Mr. Thelbert Johnakin: My name is Thelbert Johnakin and I
r P; �_,j
live at 1345 Northwest 51st Street. I'm the Chairperson of
,r
the Model City Crime Prevention Subcouncil that works along
with the City of Miami Police Department under Chief Dickson
rM1
and we are very well aware of the crime problem on 61st.
Not only 61st Street, from 59th Street, 58th Street on up to
t°rx
62nd Street on around in the project. We are very aware of
A
those problems and we have found that in a lot of these
apartments you have on gentleman to come in and rent three
a'}
apartments in one building. So this is a problem that we
are having there, but also we have a sign to the end, we
Y;
7 >
have a CIS person as a community involvement specialist. We
L
have uniformed officer assigned and a Chairperson, which is
_}y
myself. And we are continuously out there. We are
continuously taking these compliants into the department and
they come... The complaints that we are taking in they are
t
taking action on them. We are having busts.
Mr. Dawkins: All right, Mr. Mayor, I want to bring this to
the attention of the Commission, because Mr. Manager, I
would like for you have your Code enforcement find out how
we can board up... I mean, block up all entrances, windows,
etc. to the vacant buildings that the drug pushers are in
and if we have to do that and charge it to somebody cheap, I
don't mind. And the other thing is, some kind of a way the
parents have to understand ---Chief, it's not your fault.
They have a thing out there where a six year old runs down
the streets and Moller "9915"• 99 means the police is on
15th Street and the drug busters learn to move. So, we have
got a whole thing in the community to do. But I want to
thank you for taking your time to come and I assure you that
by the next meeting, if nothing isn't done I will have you
back down here and then you can tell us what you are going
to do. So, thank you for coming.
gl 74 January 100 1985
Mayor Ferret Well, Commissioner, I think what I'm hearing
is that besides an educational program, we need to get to
some law enforcement around here and Chief that's your area.
And I think you need to show the vigor coming into this job
of Sherman taking over Atlanta or Grant going through
Richman and I mean strong.
Chief Dickson: Well, we are going to do that and we will do
whatever it takes to clean it up. The only thing we need is
we do need the courts to participate and keep these people
in jail and all we ask, not forever, because we know we
can't do that, but if they would keep them in jail for six
months we could clean the City up for drugs on the street.
Mr. Dawkins: Well, I will be getting in touch with somebody
to find out if the President's drug task force can provide
whatever assistance Janet Reno needs, because somehow along
the way we have got to get this licked. Thank you.
Mayor Ferret All right, thank you very much.
---------------------------------------------- ----------
58. DISCUSSION: PROPOSED STRONG MAYOR FORM OF GOVERNMENT
CONTINUED TO FEBRUARY 14.
------------------------------------------------------------
Mayor Ferret We are now on Item 28. Obviously, this is an
"j extremely controversial item and I don't know whether this
Commission is in anyway, shape or form ready to even vote
upon it. I'm not going to push it, but certainly there are
citizens here who wish to discuss it and out of courtesy to
them I told them that we would bring the subject up. I
would just for introduction like to point out that what we
have before us is a series of bills that would in effect put
before the electorate a series of things which I think
should be considered by this City Commission and by the
people of Miami. The first issue is the issue of an
executive mayor, also known as a strong mayor. The issue of
the strong mayor is in my opinion really quite simple. It
== is the American city form of government. It has existed for
,< two hundred eight years in ninety per cent of American
cities. It is a system that is used in Philadelphia, in San
S " Francisco, in Los Angeles, in Atlanta, in Saint Louis, in
Chicago and Detroit, Cleveland, New York and here in Florida
in the City of Tampa, Orlando and right here in our own
community in Hialeah. It is a traditional American form of
city government. It is also used in Baltimore. It is well-
known in Washington. It is the American form of city
` earl . In the overnments there arose in America a form
8 Y 30'
of government which is a hybrid form of government which was
°1m unknown to the American people, but which came out of
cronyism party bossism of the Democrat party and the
'# Republican Party in different parts of the nation and it
r was... it came out at the same time that the civil service
reforms of American cities came about. In recent years the
' strong mayor/manager/council form of government has been
kx changing a great deal. The City of Cleveland, for example,
-Y. a voted it out. Voted a -manager form of system out, because
T it was not effectively serving their city. It is my opinion
!° personally and it has been for a long time that the strong
mayor form of government is long over due, especially in
1.a Metropolitan Dade County. Here we have a home rule Charter
__rf" County where there is a population greater than twelve
states of the nation where in effect, imagine this, if this
_,_t, were Delaware or Maine or Rhode Island, all smaller than
Dade County, a nine member unicameral legislature elected at
large in the state of part-time legislators earning six
gl 75 January 10, 1985
thousand dollars a year appoint the governor of the state.
Now, would the people of Rhode Island, Delaware, Maine,
`= North Dakota Rhode Island accept such a form of government
x4 •'
and the answer is absolutely not, because it is not a true
checks and balance Democratic form of government. The
reason why it hasn't prospered very well in this community
in my opinion is because along with a strong mayor form of
government, you need to have a counterbalance of districts.
Imagine, if you will, again an American Congress where
., everybody is elected in the same way that U.S. Senators are
elected, even though you live in Miami, you are elected
State wide to serve in the House of Representatives. Or
t
imagine again, a nine member unicameral legislature in Rhode
Island being elected in the state as a whole, in Maine as a
whole and yet you represent Bangok, Maine, but you are
elected for the whole state. Well, that wouldn't fly very
well in Maine and the people of Maine wouldn't stand for it.
So, in balance with an executive elected official, you have
to have some sort of area representation more so in my
y. opinion when you get diversity of communities. When you
have a strong Republican Party. That's why the Republican
Party, for example, has always been for districting, because
the Republican Party has demanded that there be proper
representation. Up until we got districting the
representation, for example, of the Republican Party in
Tallahassee and in South Florida was negligible. When we
got districting, then there was a better representation. I
think it makes for better government. The Black community
has long fought for districting for the same reason. When
you have a community where you have Black and White,
Spanish and English speaking, Christians and Jews,
�Y Republicans and Democrats, when there is a diversity of
opinion, then the only way you can have proper
ro p p government,
whether it be in Congress in Washington or in the State
p,zHouse, in tfie County or in the City is when you have
{ districts. That is the one way you can guarantee everybody
that they will be both neighborhood and ethnic recognition
u' of representation. There is also a matter of the ability to
run in such a democratic system. Therefore, and I'm not
going too belabor this much more, it is my opinion that we
V
go to a strong mayor format in Miami or in Metro, that we
need to also, balance it with districting. Therefore, what
L is before is something that recommends both. Now, there are
f a lot of details that need some very careful evaluation.
Last time around when we discussed this Commissioner Plummer
tE was very concerned about those initial districts and I think
that's proper. You will find that in this proposed
legislation that Lucia Dougherty has drafted, there is in it
4t a specific avenue for us to predefine the districts so that
xt�
when we adopt it that we do on the ballot and when the
people of Miami vote for it, they will clearly know between
now and nineteen ninety what the districts are. Now, there
a is one last thing that I want to point out, which evidently
x was a shocker to members of the press who came over to see
me about a straw ballot on the purpose of the City of Miami
and Metro and I want to tell you how this very simply came
` about and what the purpose of that is, and I'm going to wait
X for J. L., because I want him to hear this. Go ahead. This
, is obviously, a very complex process, but I wanted to
explain. There is an organization here in Miami which is
called the "Non Group". This organization of thirty-four
a members is basically the so-called power structure of this
community. They meet once a month. Usually it's somebody's
a« " home for dinner. The Chairman of that... there were two Co -
Chairmen. Mr. Harry Hood Bassett of Southeast Bank and Mr.
Alvah Chapman of the Miami Herald. Mr. Chapman and the
Miami Herald has three members that serve on that group.
X Namely, Mr. Jim Bat and the President of Knight Ridder
Newspapers and also, Mr. Dick Capon, the publisher of the
Miami Herald. So, out of those thirty-two, thirty-three,
gl 76 January 10, 1985
thirty'four members ---I don't know the exact number at this
time ---three three of them are executives of Knight Ridder
Newspaper. Out of that whole process came a suggestion in a
discussion at one of the none group meetings that perhaps
there should be a reevaluation and a study of the form of
government that we have in this community and one of the
members of the none group is Tad Foote who is the President
of the University of Miami. Dr. Foote recommended that he
had a good expert in house, a gentleman by the name of David
Hertz who was a professional in government and was a former
trustee of the Colombia University, had been an advisor on
government to Mayor John Linsley and Dr. Hertz conducted a
study which has now been published and has been available to
the press since late November. In a television program that
was aired Sunday, two weeks ago and again last week the
Miami Herald's lawyer Mr. Dan Paul explained on the air that
it was clearly the intention to abolish the City of Miami
and they wish to abolish the City of Miami in the following
way. There is a clause now in the Metro Charter which
specifically states that a City cannot be abolished unless
it is put up to a vote in the City to be abolished and the
people of that city vote abolish the city. It is the
intention evidently of this group and the committee now
chairing the public hearings, Mr. Bill Sadowski and Mr. Jim
Beasley, another attorney that sits on that group which was
appointed basically by Mr. Chapman and a non -group, are
going to hold now a series of public hearings and the
purpose of these public hearings is to study the David Hurts
report and react to it. One of the things that evidently
they have in mind in the abolishment of the City of Miami is
the process as to how this is going to be done and this is
what they want to do. They want to ask the Metro Commission
to put in on the ballot, but absent a positive vote by the
Metro Commission which they expect. They then are going to
go as I understand it, to what they call a citizen's
petition drive which will put this on the ballot. And what
they will do then is eliminate that clause in the Charter of
Metro on the abolishment of cities and strike it out. The
moment that is struck out, then constitutionally and
legally ---and I verified this with our City Attorney Lucia
Dougherty who has as yet not finished her written report
which will be made public when it's finished, but the
preliminary report is that evidently that is legal. In
other words,, if they can abolish that clause which states
that the cities can be eliminated by a County vote then
their intention is to put this on the ballot in the County
and not in the City by abolishing that clause which refers
to mergers and demise of cities and have a County wide
referendum on whether or not the
City of Miami survives.
Now, it seems to me that in the face of that which has been
made public, but the Miami Herald and the Miami News have
chosen not to publish it since--- and I say public because
Mr. Dan Paul inadvertently let the cat out of the bag on the
Channel 10 program and since it has... and it has been also
on the Bill Byers Show on two occasions, but you notice that
the written press has very carefully avoided any mention of
the Hertz report or any mention of the intention of the
Sadowski Committee and so this has not been made public for
the most part. Now, in view of that there is one way that I
think that we can in the City of Miami deal with this issue
and that is to put on. a straw ballot and I emphasize the
word "Straw Ballot" ---in other words, it is not binding on
the City of Miami ---two questions. One, do the people of
Miami wish to abolish the City of Miami? And the second
question is do the people of Miami wish to modify the Metro
Charter and keep them out of City business. It is my
opinion that the first will overwhelmingly pass and so will
the second. If that were to occur on a straw ballot basis
it seems to me that any court of law when it comes to
judging this and I'm sure it will come before a court of law
gl 77 January 10, 1985
. 'YYiL
t
will be very remissed and would be very reluctant to abolish
or permit Metro to abolish a city or this non -group to
abolish a city with the will of the people as expressed
freely in the ballot was not to abolish that city. Now,
µ` obviously, this is not going to be decided today. It is a
hot subject. I'm sure it will be the subject of debate for
a long time. I just put it out as a subject for discussion.
az
Mr. Carollo: Excuse me, Mr. Mayor, you said this group
calls themselves the "non -group".
Mayor Ferre: Non -group.
Mr. Carollo: Is this the official name that they have?
tp..
Mayor Ferre: I don't think they have any official name.
Mr. Carollo: Well, it's a name that you gave them then.
:µ
Mayor Ferre: No, it's not a name that I gave them. It's a
name they gave themselves.
Mr. Carollo: It's a name they gave themselves. That's
interesting. I was just wondering now Mr. Mayor, how come
you are so well informed as to what has been going on in all
` them private meetings. Is there any particular person from
that group that you are close to, that has been able to talk
`4: y to you or is this just part of your vivid imagination, if I
may quote a statement that you have made in the past?
Mayor Ferre: Now, Mr. Carollo, this is information that is
fairly public to those people who have an interest in
u i finding out about such things. There are thirty-four
t� members of that committee. Many of them are people that
are... most of them are people that are well-known to you as
to me. The fact that I know something about it and
evidently as you say, you don't know anything about it, may
r= be for different reasons than you might surmise.
Mr. Carollo: Well, that's why I'm kind of surprised Mr.
Mayor, because it would only seem logical to me that only
somebody that is part of that group or was part of that
group should be able to know something about it and I'm
quite surprised that when you are expressing yourself, the
way you are about Mr. Paul, because if I recall very clearly
every since I came to this Commission in 1979 with the
exception of the past few months, you would trip over
yourselves to try to please Mr. Paul and to cater to his
wishes when he would come to this Commission. What I'm
seeing here and I'm not trying to defend this non -group or
whatever the Mayor is calling it. I have always been up
front about my difference with some of the newspapers of
this town and some other people of this town that the Mayor
calls the non -group. I have been up front and I would say
one thing one place and then another in another place, but I
think what I'm seeing here is either a very vivid
imagination on the Mayor part or the theme for this years
campaign. Last year's campaign, if I may refresh the minds
of the public was Cuban take over, Cuban take over. There
was no mention of voting for a Mayor because of issues, of
qualifications. The bottom line was Cuban take over, vote
for Ferre, because the'Cubans are going to take over City
Hall. Well, I'm beginning to see that the new theme of this
year's campaign is can't be Black take over because that's
going a little bit too far. So, you are going to do it
another way around and you are going to say it's going to be
the non -group take over. They are trying to take over the
City of Miami. Well, I think what you are see here and what
you have seen here in the last year is a prime example of
fear politics used at its best. If you can't get elected on
gl 78 January 10, 1985
issues, if you can't get elected in the way that most Mayors
of major cities get elected by, then you are going to get
t
elected on the fears of one ethnic group or on the fears or
another. Of course, the main people that that fear is going
'
to be.., try to be installed in this time around is going to
be the Cuban community and I think this is sad. And again,
I'm not trying to defend the so-called non -group that the
r`
Mayor has named here. Those people can speak for
themselves. But I think we should put a stop to this kind
of fear politics that is going on in the city. It's one
thing to discuss issues up front, issues that we might agree
with, we might not agree with. It's another thing to use
things that we know are so far from being a reality that
it's laughable and trying to use them solely to get
reelected. Mr. Mayor, these straw ballot questions that you
have here kind of remind me of the story and Troy and the
Trojan horse. Boy, that was a beautiful gift that was given
until midnight came and everything was dark and the soldiers
started coming out of it and that was the end of troy. What
I'm seeing is that City of Miami voters don't need to even
waste their time discussing this on the ballot. This is
something that's very obvious to everyone that the citizens
of Miami don't want. The only thing that this could do is
possible help some out there that might truly want to do
away with the City of Miami, to find out where the weak
precincts, which area they might have to push more to get
additional votes, but the scenario that the Mayor has
presented and I'm not saying all that is way off target, but
`..
he certainly carried it to an extreme and he has lost
credibility by doing that. And I for one am not in favor of
putting such a question like this to the voters of Miami
r
until we have more evidence that shows the Mayor's vivid
imagination. If he could tell me, well, Dan Paul, give me a
°#
name from the so-called non -group...
Mayor Ferre. Dan Paul is not a member.
v�
Mr. Carollo: ... came to him, came to him.
fiF Mayor Ferre: Dan Paul is not a member of the non -group by
the way.
~+ :" Mr. Carollo: Well, who are some of the other members, Mr.
{j$$ Mayor?
Mayor Ferre: Well, I would be happy to.. .
Mr. Carollo: May be we could try to identify who was the
person that gave you the information out. Could it be
possibly David Weaver?
Mayor Ferre: I see. Well, you can get your police force to
that and we will move along.
Mr. Carollo: Well, Hr. Mayor, with all respect sir, see
this is where again, you are wrong. You might want to try
to make the City of Miami and you are trying your best to
make it like Lebanon, where each public officer holder might
have to got out get his own army to be able to even come to
a public meeting or to run for office. I don't be that. I
still believe in the American and the American way. I don't
believe that you have to divide a community that way in
other to get reelected, because if you do it's just not
worth getting reelected.
Mayor Ferre: All right, getting back to the main issue,
which is the strong mayor and the districts. I know that we
have other members of the public that are here that wish to
speak to that subject and I will recognize members of the
public who wish to speak. Go right ahead, Mr. Fannotto.
gl 79 January 10, 1985
0 0
Mr. Ernie Fannotto: Ernie Fannotto is my name and I'm
President of the Taxpayer's League Miami and Dade County.
ices, there is a group and they are trying to do it in Metro
and change the form of government. And you know why they
want to change for? They have tried to get a lot of people
elected in the last election and they didn't get elected.
Now, they want to try it again and change the form of
government and try new tactics and try to get their people
in again. In reference to some of these silly things. Now,
I have a lot of respect for University of Miami, but you
know, what is right is right and what is wrong is wrong.
When they tell me that they are talking about electing
eighteen County Commissioners and sit up there and run that
government, that will take a day and a half for each
meeting. I think it's ridiculous and some of the things
that they are recommending are I'm for a strong government
to a certain point, yes. I'm not for eliminating the
Manager, but I think the Mayor should have power if he has
got the experience. I don't think anybody can come in and
be Mayor without experience and have a lot of power. If he
doesn't have the ability, then part is knowledge. But in
reference to what they are recommending in Metro is some of
the things you are recommending here. Now, Mayor, I said
before I'm for the Mayor, but I'm not for districts where
the people don't have... all the people in this City don't
have the right to vote for all of them. And I will tell you
why. If for certain districts elect people and they are
only elected by a small majority in the County, and these
people are elected and they vote all the monies to the City
of Miami away, they are voting for all the money of the City
of Miami and I can't vote against them. What does that make
me? I will tell what it makes me. It disfranchises me.
And you call that democracy when I can't vote for a City
Commissioner who is elected by a small group of people and
comes up here and comes up and votes all the monies away of
the taxpayers and can break the City and all the people in
the City can't vote against them. I don't want that kind of
government. I want this here. I want to be able to vote
for every Commissioner that spends all the City of Miami's
money or all the money of Metro and that is the deal and I
will never, never, go for anything anyway. Mayor, I don't
think that it is appropriate to have districts. I think
that before you do that, I think you should present this...
Mayor, when you get a chance I want you to hear this here.
You know, a lot of people don't understand this district�,
deal. They think districts is going to be the same as it is
now, County wide, where everybody can vote for them. But
they should be told that they will only be allowed to vote
for a certain proportion of candidates who are from this
districts and will be voting all the monies away. They are
never told that. Now, I got a lot respect for Dan Paul as
an attorney. He is one of Dade County's best attorneys, but
when he is on that group and they tell me they want eighteen
Commissioners and all of them elected County wide--- and I
know I'm repetitious, everybody in this County wants the
right to vote for everybody that's spending all their money
and anything lesser than that is poor democracy. We don't
need poor democracy. I want to have the democratic right to
vote for all of these people. And unless that's done we are
changing form of government that's walking backwards.
Mayor Ferre: All right, are there any other public speakers
on this? Mr. Rodriguez Quesada, did you want to say
something or not? -
Mr. Carlos Rodriguez Quesada: Mr. Mayor, Mr. Commissioners,
my name is Carlos Rodriguez Quesada. I represent a
different group in this Community. I am present to your
attention, using my friend, Mr. Paulino Sierra, for
gl
January 10, 1985
translation of my question. I need exactly my opinion. (IN
x
SPANISH).
}-
Mayor Ferre: We are going to need somebody to translate.
Oh, Mr. Sierra, you are going ,to translate?
Mr. Sierra: Well, I heard only Mr. Mayor and Commissioners,
that's all I heard.
Mr. Quesada: I like my opinion in Spanish for exactly the
F; =`•
question. (IN SPANISH) .
Mr. Sierra: (TRANSLATES FOR Mr. QUESADA). In 1977 we told
a
the City of Miami and the Mayor why we thought it was
necessary to change the Charter of the City of Miami. We
that have dedicated ourselves to the work in this community
now that it has eight different sons dedicated to eight
different types of work and we asked that it was put on the
ballot that eight Commissioners and one Mayor were elected.
r_
Why eight Commissioners? Because the City of Miami as an
average have always had between a hundred twenty thousand
and a hundred thirty thousand population. Dividing the City
1
in eight zones or districts we could say that one
�;.
Commissioner was going to be the representative of fifteen
thousand electoral votes or citizens and we wish to have a
'
Mayor elected by the City of Miami to be a catalyzer_ of the
general opinion of the City of Miami. You know that a
person who is interested in the y p politics of the City of
r➢ram
Miami it's very hard for him to become a Commissioner in
this City, because he needs a cash of one hundred thousand
dollars to become a Commissioner. And the neighborhood
should be represented by men who could be able to represent
the neighborhood and not by sums or mountains of money
contributed by created interest in the City. A Commissioner
belongs to a district with fifteen thousand votes and
working for that district with honesty and dedication, does
not need thousands and thousands of dollars. It does not
need to be a Cuban a Black man American or Chinese. What
~;
he needs is to work for his community in order to be
recognized and admitted by the citizens of that
neighborhood. I am in favor of a strong mayor for the City
and in favor of a division in the City of Miami in districts
so each district could be represented by one person for that
district. Let's hope that the City of Miami will be
��' "
�
represented in the future b a man that could
p y prove his
dedication to the district and not the thousands of money
that he put in the election.
Mayor Ferre: Thank you. Is there anybody else who wishes
to speak at this public hearing, if not, to this item, I'm
going to ask that the City Manager put this on for a vote on
the February meeting it he would on first reading and then
we can if it passes then, it will go on to second reading at
a further time.
59• ACCEPT COMPLETED WORK: EAST ALLAPATTAH HIGHWAY
IMPROVEMENT H-4481.
Mayor Ferre: We are now on Item #309 which is Re-Gra
Construction and the administration recommends a final
payment of ninety-three thousand one hundred twelve point
zero one. Is there anybody who wish to speak on Item 30?
Is there a motion?
Mr. Carollo: So, move.
gl 81 January 10, 1985
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion on 30, call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
yr_
RESOLUTION N0. $5-48
"q
Y_
A RESOLUTION ACCEPTING THE COMPLETED
F
WORK OF RE-GRA CONSTRUCTIN COMPANY, INC.
AT A TOTAL COST OF $8689559.86 FOR EAST
ALLAPATTAH HIGHWAY IMPROVEMENT IN EAST
ALLAPATTAH HIGHWAY IMPROVEMENT
;}
DISTRICT - H-4481; AND AUTHORIZING A
,
FINAL PAYMENT OF $939112.01.
(Here follows body of resolution,
Tr
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Perez, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
=
Commissioner Miller J. Dawkins
"4
Commissioner J. L. Plummer Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
60. ORDERING RESOLUTION: DISCUSSION A DEFERRAL OF N. W.
14TH STREET HIGHWAY IMPROVEMENT H-4500.
Mayor Ferre: Item 31, this is work needed to correct street
deterioration, narrow pavements in the vicinity of Northwest
14th Street, District H-4500. Is there anybody here who
wishes to speak on Item 31. Hearing none, is there a
motion? Oh. I'm sorry. I beg your pardon. I didn't see
you move.
Ms. Florence Allison: I'm Florence Allison. I have
Laryngitis, 3071 Northwest 14th Street. Can you hear me?
Mayor Ferre: I can barely hear you Ma'am.
Ms. Allison: Well, let me say this. Some of the property
owners couldn't come today, some had to leave, but we have
this petition. This is fifty-two property owners on there
and they are against. They are voicing their objection.
They don't want the City to rebuild the ten blocks on
Northwest 14th Street at a cost to the property owners.
Mayor Ferre: Ma'am, let me ask you is there a committee?
Is there a neighborhood committee that's organized?
Ms. Allison:
No, it's the property owners on 14th Street.
gl 82 January 10, 1985
Mayor Ferre: Yes, I know, is there a committee of the
property owners on 14th Street. Do you meet? Is there an
organization? Do you have a president?
Ms. Allison: Yes, there is a Grapeland... The president is
{
Dot Gentry of Grapeland Heights Civic Association.
.'
Mayor Ferre: All right, well, I will tell you what I
think... I think there are enough citizens here, Don, that
perhaps we better do the same thing we did, like you and I
did and visit and I think it should be advertised and let
e;.
the members of the Commission meet and the Manager, if he
has time, if not, Don Cather and we will meet out there and
actually look at the proposal right on site.
Ms. Allison: I would like to point out these special items
and I'm going to have Mr. Gambert talk.
Mayor Ferre: I can hardly hear what you are saying.
Mr. Bill Gambert: Excuse me, may I speak for Ms. Allison
since she has such problem with her voice today.
zx
r
Mayor Ferre: Yes, sir.
Mr. Gambert: My name Bill Gambert, 3070 Northwest 14th
w;F
a
Street. In a sense we represent one of these little
x:
districts that you are anxious form. We have a little
u_=
street about ten blocks long that for some reason the City
of Miami suddenly has decided to improve. Now, there is a
`,-
considerably amount of traffic between 22nd Avenue, Lejeune
x1:
Road which would justify a total improvement of that street
between 22nd Avenue and Lejeune Road. It's a curious thing
as to why only 27th Avenue to 37th Avenue is being
considered for improvement. Question, answer. Traffic
comes off of 836 at 27th Avenue, jumps onto 14th Streets
runs to 37th Avenue... Pardon me.
Mayor Ferre: Mr. Gambert, is it the... I'm going to vote
with you right now and eliminate the problem. is that what
you want? So we can save a lot of time here.
Mr. Gambert: No, what I want to do is to be heard Mr.
Mayor. Ok.
Mayor Ferre: Ok. I thought we could save a lot of time and
just put it to a vote and may be the majority of this
Commission would vote with you, but if you don't want that
that's fine.
Mr. Gambert: Well, I think it's premature, because there
are many other reasons. Ok.
Mayor Ferre: Ok. All right, Mr. Gambert, go right ahead.
Mr. Gambert: Now, if you look at this street with the
traffic that is presently on this street and consider it as
a highway that belongs either to the County, to the State
and needs to be totally reorganized as to traffic flow, then
it wouldn't make sense for something to be done with this
street, but it makes no sense whatsoever to come in at this
time revamp a street that needs to recentered with two lanes
of traffic, with two parking areas on either side. When you
get down to the bottle neck where it runs into Douglass Road
it's one way. There is one lane coming off of 14th Street
that intersects with the highway coming off of 836 to go to
the airport. So, what are you trying to do? What are you
trying to prove? The people on ten blocks with fifty-two
property owners that says we don't want it. That's a
property owner for every fifty feet. We don't want that. I
�I gl 83 January 10, 1985
4
t
i.
could go on and as you say, you have probably some decisions
�Y
6;
about this to make anyway regarding whether you are
interested or not. It's a very small items and I know you
have a lot of things to talk about. So, what 1 will say is
�t
that we, the property owners represented here by petition
=fi
are definitely opposed to this street improvement. Thank
r=
you, air.
Mayor Ferre: All right, thank you, Mr. Gambert. I was
trying to save all of us a little time because usually when
there is a major citizens group that signs a petition of
s_.
this nature, we don't just go out and enforce something like
this, but rather... I have not had the opportunity
personally to travel up and down 14th Street. Mr. Gambert,
you address is 3070 Northwest 14th and I'm going to use you,
if I may, as a reference point and I will talk to Dotty or
to you or whoever you tell me to call and I'm going to go
and... this gentleman here?
`
Mr. Keith Allison: Yes, my name is Keith Allison and I live
at 3071 Northwest 14th Street.
Mayor Ferre: All right, Mr. Allison, I will tell you, we
are not going to vote on this today, because I'm going to
ask ...
Mr. Allison:
Well, wait a minute now. We want
some kind of
answer because
we would have all these people,
the property
owners down
here, but you... we received a letter
saying be
down here at
2 o'clock and here it is 5 o'clock
and I'm sure
if you extend this and have it at night time
I'm sure you
will have the property owners. But what it
is is these
h;
property are
totally against any improvement at
the cost to
them between
27th and 37th Avenue.
r
Mayor Ferre:
Mr. Allison.
Mr. Allison: Yes.
Mayor Ferre: We are not going to vote on this today. Ok.
I and the Commission, members of this Commission, we have an
understand always amongst ourselves that if any member of
the Commission wants to delay or put off any issue that he
needs more information on that that is something that we do.
Now, I have not seen 14th Street. I want to meet with you
and I want to walk. I want you to show me why you don't
want the improvements there. And if you will... Nestor
Toledo and Marie Petit is standing right here. Mr. Allison,
you see her? If you will give my assistant Marie Petit,
your telephone number I will call you on next week or in the
following week. I will go out there and personally visit
with you and look at the problem and then I will be ready to
vote on it. I am not ready to vote on it today.
Mr. Allison: Well, let me ask you this Mayor. In this
letter it was told if we saw Mr. Brenner down in the
Planning Department that he would give us the maps and the
layout as to how 14th Street is going to be laid out. I and
my mother personally went down there and talked to Mr.
Brenner. At this time he didn't know what was going on. He
just laid out -the maps saying as to who lived at what plot
and that was it. Now, when I was out collecting personally
these signatures, one of my neighbors or one of the people I
was talking with said they went down there and they actually
saw a model of 14th at. in front of his house there was a
triangle with palm trees and all this. I would like to know
is why I wasn't shown this model of 14th Street and the
other people were?
gl 84 January 10, 1985
I
Mayor Ferre: All right; Mr. Cather, if you will, if there
is such a model and if there is such drawings, I think we
need to visit with the neighbors and show them whatever
drawings you have. All right, would you meet with Mr.
>'y
Allison and set up the proper time where we can... We might
F
be able to meet at that Steve Clark Building next to the
r
golf course. Is that acceptable to the neighbors as a
meeting hall?
Mr. Allison: I will be acceptable. I just wanted to just
`i
say this, that the Grapeland Heights area and the
organization itself is not in on this. These are the
property owners.
Mayor Ferre: Understand. Understand.
F;
Mr. Allison: And we would like to have this...
Mayor Ferre: We will work with you Mr. Allison, so that as
many as these property owners will be informed of the
$`
meeting if we have to call them personally and we will meet
with them. Members of the Commission will be invited if
,w
they wish to be present and so on. So, we will...
H'•.;`:'
Mr. Allison: And we would appreciate it to be an evening
meeting where everyone can show up, because this meeting at
+F:
2 o'clock, people just can't get off from work.
Mayor Ferre: All right, Mr. Allison, we will do that.
Mr. Allison: All right, I would appreciate it. Thank you
4
very much.
Mayor Ferre: Is there a motion that this matter be deferred
until the next meetings which is... actually we don't have
A
to vote on this, do we Mr. Manager? Because it's not really
an item before the Commission.
Mr. Rosencrantz: No, that's not necessary.
Mayor Ferre: Let's leave it this way then. Mr. Cather,
before this matter comes up to the City of Miami Commission
for a vote we will meet with these neighbors and advise all
members of the Commission, so that if they wish to be
present at that neighborhood meeting at the Steve Clark
Building at Grapeland Heights Park, that they will be so
advised. And we will meet with you at that time and we will
talk about it then. Thank you and I'm sorry that you have
had to wait three hours for this.
61. APPROVE IN PRINCIPLE REQUEST FOR FINANCIAL AID MARTIN
LUTHER KING PARADE JANUARY 14, 1985.
------------------------------------------------------------
Mayor Ferre: All right, now we have George Knox and then we
need to get on to the items that were deferred- 32, William
P. Marshall. .Is Mr. Marshall here?
Dr. Preston Wellington Marshall: They made a mistake on my
name. It's Dr. Preston ---that "W" stands for Wellington
instead of Williams ---Marshall.
Mayor Ferre: Ok.
Dr. Marshall: I'm here just for... I was told briefly
outside that to request some money for the Dr. Martin Luther
gl 85 January 10, 1985
�.'
•r A7 : riry�
�L
a�
c
�
F4
sP
King's Parade that there is a special committee that you
have to go through, which we didn't have any knowledge of.
So, it's my understanding that I was just told that before I
make my presentation. However, we have a major parade on
January 14, 1985 and we needed some assistance and I have
submitted a budget and I have submitted something to the
County Manager some information to the City Manager at that
particular time. We met with the County and they decided to
upon what we get from the City give us eleven thousand
dollars and I'm here today to find out from any kind of
assistance that we may be able to get on the Dr. Martin
Luther King's Parade.
={
Mayor Ferre: All right, Dr. Marshall, I understand that you
have received seventeen thousand dollars from Metropolitan
Dade County. Is that correct?
Dr. Marshall: I have received how much?
Mayor Ferre:
Seventeen thousand and approval of seventeen
thousand.
Dr. Marshall:
I have in -kind eleven thousand for Dade
County.
Mayor Ferre:
Ok. You are requesting a similar...
=r.
Dr. Marshall:
That's what the County want us to find out
from...
Mayor Ferre:
Ok. Have you gone through the administration
.x
v
at this time?
Dr. Marshall:
I through administration, but I don't know if
I went through
a committee that it was told to me...
Mayor Ferre: Well, see the problem is that the Martin
Luther King's Parade is on Monday and you know, here we
are... I think the only way to do this is the way we have
=` done other similar things and that is that we would leave it
in the hands of the Manager to work something out that is
k,. reasonable. I might point out that the last time we helped
in the Martin Luther King's Parade the City of Miami... the
whole thing cost forty-five hundred dollars.
Dr. Marshall: I had nothing ever to do with that.
Mayor Ferre: Well, I'm not saying that you did, I'm just
saying that it cost us forty-five hundred dollars. Now,
that doesn't mean to say that we shouldn't spend more money,
but... and I certainly... if anybody deserves a parade to
commemorize his memory is Martin Luther King. So, I'm all
for it, but I think... I would advise you in the future to
do this with a little bit more lead time so that it can be
done properly and sequentially.
Dr. Marshall: Yes,•Mr. Mayor. We plan to start right after
the parade, because we know that the physical official
holiday is 1986. So, as soon as we have finished with this
parade we plan to start submitting our proposal for that
year.
Mayor Ferre: Well, I would... Mr. Manager, do you have any
other things you want to add to this?
Mr. Rosencrantz: I in talking briefly with staff indicated
that the requirements that will be necessary from the city
will be very minimum. The biggest requirement will probably
be cleaning up after the parade and it's not...
gl 86 January 10, 1985
Mayor Ferre: All right, is there a motion then that this be
approved in principle subject to the Manager' s... the
n„o'S
administration's pursual?
' uEi+r Y,: Jrn
Mr. Dawkins: So move.
u
Mayor Ferre: Is there a second? Further discussion, call
the roll please.
The following motion was introduced by Commissioner
Dawkins, who moved its adoption:
MOTION NO. 85-49
A MOTION APPROVING IN PRINCIPLE A
REQUEST FOR FINANCIAL AID FOR THE
"MARTIN LUTHER KING PARADE" SCHEDULED
FOR JANUARY 14, 19859 SUBJECT TO FINAL
APPROVAL BY THE CITY MANAGER.
Upon being seconded by Commissioner Perez, the motion
was passed and adopted by the following vote-
;.",4'"
AYES: Commissioner Demetrio Perez, Jr.
'_..
Commissioner Miller J. Dawkins
s`_.:..
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
µ
NOES: None.
ABSENT: None.
------------ — — -------------------- ----- — -- ------ ------------
k _
62. APPROVE III PRINCIPLE REQUEST FOR FUNDING OF EVENT: !MISS
COLLEGIATE BLACK AMERICAN PAGEANT APRIL 139 1985.
------------------------------------------------------------
Mayor Ferre: All right, now we are in Item 33 with Mr.
George Knox. This is Miss Collegiate Black American
Pageant.
Mr. Carollo: Ok. George, can I ask you something before
you start?
Mr. Knox: Yes, sir.
Mr. Carollo: Are you a member of the non -group?
Mr. Knox: Of the what group?
Mr. Carollo: Forget it. If you don't know, you can't be.
You don't belong.
Mayor Ferre: Mr. Knox, what is specifically the request for
the Collegiate Black American Pageant?
Mr. Knox: Mr. Mayor, the request from the City of Miami is
a cash grant in the amount of sixty thousand dollars along
with sixteen thousand five hundred dollars in -kind and we
hope some services including the use of the Dinner Key
Exhibition Hall a labor force and security force. I might
add in that connection Mr. Mayor, that we are scheduled to
appear before the Metropolitan Dade County Commission on
January 22nd and request eighty-five thousand dollars and
the balance of the funding is to be achieved from private
source and if necessary from the State of Florida.
gl 87 January 10, 1985
:
Mayor Ferre: Mr. Knox, I think before we go through a
tom,-
viewing here we need to have a proper process, you have been
`R, =
around long enough to know that that has to go through the
Y
administration. I would recommend that you follow the
proper procedure and certainly this Commission will look
with as much favor. Sixty-six, is an awful lot of favor, but
I don't know whether we can go that much. We have gotten an
awful lot of other pageants that we... and right now we kind
s,
of have a freeze on things, but... when is the pageant
-:_
exactly?
Mr. Knox: The pageant is scheduled to take place in April
of this year.
Mayor Ferre: Can we have a recommendation from the
administration by the next meeting one way or the other?
Mr. Rosencrantz: I think so.
Mayor Ferre: All right, and then at that time we will
certainly... we have a very serious public hearing now
dealing with Coconut Grove. Commissioner Plummer has to be
out and I'm afraid we have a real couple of hot hours and so
we would like to move along on that.
Mr. Knox: I understand Mr. Mayor. I wonder if I might
request that the Commission adopt a resolution of intent
subject to the Manager's recommendation so that we can
-`` present that to the Metro Commission.
Mr. Plummer: Mr. Mayor, I will move it in principle that
k we approve of the festival in principle. I think that's
strong about as
-� g as we can go right now.
ki
C'.�',4
afF7
Mayor Ferre: Well, I think we need to also wait until the
administration concludes.
Mr. Dawkins: I would second it in principle in that we do
fund the Miss Universe Pageant and that it's a pageant
dealing on the same line. Therefore, I would second it in
principle.
Mr. Carollo: I will third it in principle. So, it's done.
Mr. Plummer: It's in principle. That has no dollars
attached to it.
Mr. Dawkins: Anything else you want counselor?
Mr. Knox: No, that would be very very satisfactory for now.
Mr. Dawkins: Well, now you have to wait to see if you have
three votes counselor.
gl 88 January 10, 1985
`'¢ a
Mayor Ferret Call the roll.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-50
A MOTION APPROVING IN PRINCIPLE A
REQUEST MADE BY GEORGE KNOW, ESQ. ON
BEHALF OF THE "MISS COLLEGIATE BLACK
AMERICAN PAGEANT" FOR FUNDING OF AN
EVENT TO BE HELD APRIL 13, 19859 SUBJECT
TO FINAL APPROVAL BY THE CITY MANAGER.
k,
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.
t
ABSENT: None.
.,F
y r' __ _
63. EMERGENCY ORDINANCE: AMEND CAPITAL IMPROVEMENTS APP.
ORD. SUBSTITUTE REVENUE SOURCE FY 86 FPL FRANCHISE
REVENUES FOR CITYWIDE MICROWAVE 800MHZ COMMUNICATION
SYSTEM.
-------------------------------------------------------------
Mayor Ferret We are now on Item 36, which is an emergency.
This the appropriations ordinance which was held up this
morning.
Mr. Rosencrantz: 36. This was the one this morning you had
a question about funding. I think Mr. Cox spoke to.
Mayor Ferret Mr. Manager.
there a second.
All right, Mr. Dawkins moves, is
gl 89 January 10, 1985
Mr. Plummer: Second.
Mayor Ferre: Further discussion, read the ordinance please.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING
ORDINANCE NO. 99399 ADOPTED DECEMBER 209
19841, THE CAPITAL IMPROVEMENTS
APPROPRIATION ORDINANCE, BY
SUBSTITUTING, AS A REVENUE SOURCE FY186
FPAL FRANCHISE REVENUES IN THE AMOUNT OF
$7,000,000 FOR FY185 FP&L FRANCHISE
REVENUES AS THE REVENUE SOURCE COMMITTED
TO FUNDING THE MICROWAVE RADIO SYSTEM, A
COMPONENT OF THE CITYWIDE MICROWAVE
80OMHZ COMMUNICATION SYSTEM, AND
ALLOCATING THE UNCOMMITTED $700,000 OF
FY185 FP&L FRANCHISE REVENUE TO FUND THE
CITY'S REMAINING CASH COMMITMENT IN A
LIKE AMOUNT FOR STAGE I OF THE DOWNTOWN
COMPONENT OF METRORAIL; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Dawkins and seconded by
Commissioner Plummer, 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
Dawkins and seconded by Commissioner Plummer, 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. 9949.
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.
----------------------------- ------------------------------
64. FIRST READING ORDINANCE:TEYT CHANGE TO 9500 AMEND
SUBSECTION 1533.3 OF SECTION 1530 SPI-3.
Mayor Ferre: All right, take up Item 37. Is there anybody
here who wish to speak on 37 in favor of it? All right, is
there a motion?
gl 90 January 10, 1985
Mr. Carollo: So, move.
Mayor Ferre: All right, is there a second?
Mr. Dawkins: Second.
c Mayor Ferre: Further discussion on first reading on Item
37. read the ordinance.
r�
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE TEXT OF
=`
ORDINANCE NO. 9500, THE ZONING ORDINANCE
r
OF THE CITY OF MIAMI FLORIDA BY
AMENDING SUBSECTION 1533.3 OF SECTION
1530 ENTITLED SPI3: COCONUT GROVE
MAJOR STREETS OVERLAY DISTRICT: BY
PROVIDING AN EXCEPTION TO THE HEIGHT
LIMIT IN RO-3/6 DISTRICTS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Carollo and seconded by
Commissioner Dawkins and was passed on its first reading by
..- ..k9
title by the following vote-
AYES: Commissioner Demetrio Perez, Jr.
-` Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
w> 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.
SAID ORDINANCE WAS ASSIGNED NO. 9949.1 (See memo on file in
ordinance file. Mayor Ferre erroneously referred to it on
January 10, 1985 as "First Reading". It had been read on
December 20, 1984 on First Reading and had not been amended
between readings. THEREFORE IT WAS PASSED AND ADOPTED ON
1/10/85 ON SECOND AND FINAL READING. This was a scriveners
error and all pertaining documents have been corrected.
65. PUBLIC HEARING ! PROPOSED FIRST READING ORDINANCE
AMENDING 9500 ARTICLE 15 PUBLIC INTEREST DISTRICTS NEW
SECTIONS 151 TO-15171 THRU 15173.
!}!!!!! 7! f.!! } INS- Wm
Mayor Ferre: All right, now we are doing 48.
Mr. Rodriguez: Items forty-eight, forty-nine, fifty and
fiftylone, they all relate to the South Bayshore Drive
Overlay District.
Mayor Ferre: Let's go. 48.
Mr. Rodriguez: These four items relate to each other. Item
#51 is the one that should be acted on first which establish
the zoning amendment to the ordinance establishing the SPI!
17 Overlay District. Item 48 proposes to change the zoning
® from RG-2/5 to RO-3/6 for that area. Item 50 remove the
SPIl3 Overlay district from the area and Item 49 add the
SPI-17 district in the area. Those three items that I
mentioned last are basically atlas amendments to reflect the
zoning ordinance amendment of Item 51.
11
1
g 91 January 10, 1985
rtR
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a.
Mayor Ferre: All right, who wishes to speak on Item 51 and
let's start with that. All right, is this in opposition to
51• All right, and then the proponents. Yes, Mr. Fine.
.,.
Mr. Martin Fine: For the record my name is Martin Fine. We
are in favor of that item with one suggestion for an
• s
.,
amendment. And that is that is a bonus provision in that
item which says that there is a bonus of 1.5 an FAR when
there is a provision of additional parking spaces. In this
instance it says a hundred additional parking space. It
gives you that addition bonus provision. We are asking this
Commission to consider reducing that from a hundred to
seventy-five. We think that is in this area particularly
much needed additional parking and will help the overall
area and the concept you are trying to carry out and we
would respectfully request that you change just that one
number from a hundred to seventy-five. I know it's late and
I'll just...
Mayor Ferre: From a hundred automobiles to seventy-five.
Mr. Fine: Additional. Seventy.
Mayor Ferre: Ok. Well, we need to see Mr. Traurig, whether
or not... and who the opponents and who the proponents are.
All right, so we will now hear from the department I guess
to describe it briefly and then the opponents and then we
will hear from the proponents.
Mr. Rodriguez: What we are proposing is that following the
°{ direction that you gave us with motion M-84-1187, that we
provide for a parking bonus, that the bonus be provide if a
minimum of one hundred parking spaces are provided in the
excess of the requirements of the ordinance.
' Mayor Ferre: Right. All right, now we will hear....
�stM
{r Mr. Plummer: Well, wait a minute. What advantage is it to
;T us to drop it from a hundred to seventy-five? How does the
City benefit by that?
Mr. Rodriguez: The benefit that it might have for the
";tlT City... We recommend one hundred. Ok. The benefit that it
might have for the City is that it will provide additional
parking spaces in the area. Specifically...
Mr. Plummer: By dropping the number?
Mr. Rodriguez: Yes, because the requirement is this. In
order to qualify for the bonus you have to have at least a
minimum of one hundred parking space in excess of the
requirement. What they are proposing is that the minimum be
dropped to seventy-five to be able to to qualify for the
bonus.
Mr. Plummer: No, I understand that.
Mr. Fine: Mr. Plummer, if I may just elaborate and members
of the Commission. In this area where parking is such a
premium, we think that providing seventy-five is a very
substantial and significant improvement for the area. It
makes a significant contribution and benefit to this
community and that parking space... those parking spaces are
very significant. Therefore, we think that the seventy-five
number is very valid and can be supported by sound planning
principles.
Mr. Plummer: Well, Ok. I understand what you are saying,
but if you got seventy-five and by virtue that we make you
stretch to the hundred, we are better off.
gl 92 January 10, 1985
Mr. Fine: 1 don't think so.
"
Mr. Rodriguez: What is happening is that because of the
size of the
lot of the clients that they represent they will
not be able
to qualify for the bonus.
Mr. Plummer:
Yes, but that's their problem.
Mr. Rodriguez:
Yes, that's their problem.
Mr. Fine:
But this entire ordinance is somebody's problem
E
and what we
are really saying is that we are trying to
Y Y S y g get
to a point where
we say that we are going to provide all the
-.
parking spaces
that the ordinance requires and we are going
_..
to afford seventy-five
additional parking spaces.
Mr. Plummer:
Yes, but Marty, you want the bonus. Exactly.
And to get
the bonus you are asking us to reduce the
minimum.
UNIDENTIFIED
SPEAKER: Excuse me, I can't hear you Mr.
Plummer.
Mr. Plummer:
Excuse me?
UNIDENTIFIED
SPEAKER: I can't hear you very well.
y
Mr. Plummer:
It's because my microphone wasn't on.
UNIDENTIFIED
SPEAKER: Good reason. Thank you.
u4w, _rs
Mr. Plummer:
Am I out of context? Tell me where I'm wrong.
Mr. Rodriguez: The ratio will be the same in both cases.
In order to qualify for the bonus you have to have some many
square feet for every parking space that you provide in
excess of the requirement you will have some many square
feet of usage allowed in the district. What we are saying
is we believe one hundred is a reasonable minimum. They are
saying that seventy-five is a reasonable minimum to be able
to qualify for the bonus. In order to qualify you are going
to have to have the same amount. You will get the same
amount of square footage for each parking space.
Mayor Ferre: Sergio, let's face the issue, because you know
sometimes we get so sophisticated around here nobody
understands anything what's being said. There are three
parcels of property in that whole area. We have SPI-17 that
have a problem in this bonus and Mr. Fine ---and I have not
spoken to Mr. Fine. I have spoken to this gentleman who
owns a piece of property here, Mr. Charbonnet and Mr.
Kolish, I think is the other property owner. Is Mr. Kolish
around? Mrs. Koliseh is here. Those are the three
properties...
Mr. Rodriguez: There are four parcels, I understand.
Mayor Ferre: All right, then there is a forth one and those
four properties aren't going to be able to get this little
bonus that we are talking about. So, they want to
participate in the bonus. It's just that simple. Now, the
only problem that I have is that I want to make absolutely
and I want to hear from Bob Traurig on this or Mr. Allen
Gold and from Lucia Dougherty, is that we don't in anyway
jeopardize anybody else's legal rights by you know,
interfering in this whole thing and should it pass ---I'm not
sure that there are three votes here to pass it, but if this
thing should pass we want to make sure that it's totally
legal and that's my only. That would be my most serious
concern.
gl 93 January 10, 1985
Mr. Dawkins: Mr. Mayor, I have a problem in I don't
�.
understand Mr. Rodriguez. if the administration is
� h ;
'
recommending one hundred as a minimum, why is he telling me
that seventy-five would be the same difference?
Mr. Rodriguez: No, sir. What I'm trying to explain to you
is what the requirement of going to seventy-five might do to
{r•
the area.
Mr. Dawkins: Wait a minute now. Now, hold it now. Wait
„-,
see. Take it easy so that you know, I can walk through this
with you. Ok. Now, what you are telling me is... Now what
will seventy-five or a hundred do to the area. Now, tell me
that.
Mr. Rodriguez: If we have the one hundred minimum
requirement we will be able to have five property owners
that will qualify for the bonus.
Mr. Dawkins: Ok. And what is thee bonus?
Mr. Rodriguez: The bonus is that for every parking space
that is hundred the...
provided over one over as an excess
;
over the requirement they will get two hundred square feet
.r''-..
of square footage of the uses which are permitted in the
zoning district. In other words, if you...
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Mr. Dawkins: Ok. How many units will equal two hundred
INN' �
square feet?
F'w
Mr. Rodriguez: Whatever the hell we are building.
Mr. Dawkins: Whatever we are building.
Mr. Rodriguez: If you have for example... Let me put it in
numbers. If you have one hundred parking spaces in the area
provided in excess of the requirement...
Mr. Dawkins: No, no, no, hold it. Wait a minute. All
right, let me see if I can break it down where I can
understand it. If we are building an apartment building
that requires eighty parking spaces and then the builder
decides to provide a hundred extra parking spaces. How many
units will he be allowed to build? That's what I'm trying
to... that's all I'm asking.
Mr. Rodriguez: He will be able to build an additional
twenty thousand square feet.
Mr. Dawkins: How many?
Mr. Rodriguez: Twenty thousand... one hundred times one
hundred will be twenty thousand in square feet of
residential usage.
Mr. Dawkins: And what is the average square foot of living
space?
Mr. Rodriguez: You could say one thousand. So that means
twenty units:
Mr. Dawkins: Huh?
Mr. Rodriguez: Twenty units, because you will have over one
thousand per unit.
Mr. Dawkins: So, now if we dropped the minimum to seventy-
five parking spaces then he still gets the same amount of
space or is he... Now, so he is required to have eighty and
_ gl 94 January 10, 1985
s he give seventy-five, he is still allowed to build twenty
k4�y extra units?
Mr. Jack Luft: He would about fifteen units.
Mr. Dawkins: About fifteen units? Ok. Ok, that's what...
Mr. Jack Luft: If I could add just one thought here.
Mr. Plummer: Well, but there is one other thing you got to
know. Also, proposed in this total concept is a height
r, maximum. So, they are somewhat limited by height.
Mr. Dawkins: Go ahead, Jack, please.
T4
= Mr. Luft: Ok. All we are trying to say here simple is
this. We would like to see developers on the north side of
Bayshore Drive provide parking for public, rather than in
Dinner Key. But we cannot count the parking that they would
normally have to build anyway. The required parking. So,
the basic principle is if they build excess parking more
than they are required, we will give them a bonus for that.
There is one problem that enters in. If somebody builds ten
extra spaces, how is the public supposed to find that? Is
that a meaningful number? Is that really worth anything to
A. the public, ten spaces back in the corner of some garage?
Probably not. What we were trying to say very simply is
x4z . x that how many spaces do you have to have before you have a
meaningful number that really together provides parking for
the public that's of use. So we said let's Vill,
_.p , put in a thrush
hole of one hundred spaces. Now, if you get to one hundred,
then you get to get two hundred square feet of bonus for
every parking space, but if you don't get to one hundred,
1 3 then you don't et an bonus at all. What these gentlemen
Y g Y
y f` are saying is why don't you make the cut off point at
seventy-five. They think that seventy-five is a reasonable
number of spaces that would provide a public need. We say
that we think you need a hundred. That's the debate. As it
would stand now anybody who doesn't have at least a hundred
spaces gets zero bonus. Nothing. Ok. And...
Mr. Dawkins: So, Mr. Fine is saying that more persons...
Mr. Luft: So, then if you can't get a hundred spaces there
is no incentive to provide any additional parking. So, Mr.
Fine, was saying that if you cut it off at a hundred there
is going to be three or four property owners who are going
to have no incentive to provide extra parking and they may
well provide none. so, you may lose two or three hundred
parking spaces in the process. If you lower the thresh hole
and make it a little easier for the smaller property owners,
then you will get more parking, because you make it possible
for them to reach this thresh hole. That's their argument.
Mr. Dawkins: Thank you, both of you. Thank you.
Mayor Ferre: Ok. Now, the question is a legal one because
before we proceed much further I need to understand whether
this in away impairs this whole process legally. You see,
what I'm saying is this Mrs. Dougherty, we are about to vote
on this one way or the other, after the public hearing. If
the will of the majority of this Commission is in favor of
it. If we start changing this thing the way it's written
will that in anyway weaken it legally? Do you follow me?
Ms. Dougherty: I do follow you. You are actually referring
to whether or not...
Mayor Ferre: Yes, I'm talking of ordinance 51 on the issue
of lowering the threshold from a hundred to seventy-five
gl 95 January 10, 1985
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'a
automobiles. I'm specifically asking
p y g you will that in
anyway... legally it is my understanding that it might
r'
legally impair it and I think I would like to ask Mr. Gold,
who I think represents one of the interested property
u '{
owners, to speak to that issue of legal impairment.
Ms. Dougherty: You are referring to whether or not it
>-
should go back to the PAB because it's a substantial change.
Mayor Ferre: Precisely. Yes, Ma'am, that's what I'm
asking. See, because if that were the case, then it would
be my personal opinion, because I happen to agree with this
idea of lowering this threshold to seventy-five' but it is
my opinion that if anyway it jeopardize legally what we are
about to do, then I think we need to just pass this and
start the process of lowering it to seventy-five in a legal
way so as not to impair this. I'm talking about 48, 49, 50,
51.
Ms. Dougherty: Mr. Mayor, if you would give me five minutes
I can give you an opinion that.
pr
-
Mayor Ferre: Ok. Mr. Fine.
M'
Mr. Fine: I would just make one point. I appreciate your
legal scholarship and I think it's accurate. My opinion is
}-y
it would not change it. On the hand if your City Attorney
¢'
says it would change it, we would be glad to withdraw our
request today, go to the Planning Advisory Board and come
-
back to this Commission at seventy-five, because we do not
want to jeopardize the concept of the ordinance itself.
Mayor Ferre: Precisely. And if we y y pass this without
changes it probably has a better chance legally to stand and
it will be challenged in court, if that should be the will
of the majority of this Commission.
y" Mr. Fine: I want to make that clear, but I want to go on
A, record that we would go through the process and come back.
We think the addition of seventy-five spaces would be very
significant. And Mr. Rodriguez and you would have to
instruct them to put it on the board at the next meeting.
Mayor Ferre: No, I understand that. See, I don't know what
the will of the majority of this Commission is going to be,
F_`°=" but if it goes in that direction and then that's exactly
is what would occur.
Mr. Fine: But I want to make it clear, we do not want to
delay or defer this item for the overall concept and what we
consider the good of Coconut Grove in this area.
Mr. Dawkins: Mr. Rodriguez or Mr. Luft.
Mr. Rodriguez: Yes, sir.
Mr. Dawkins: Each time we have these sort of situations I
end up with an argument of each unit providing one and half
parking spaces and I have yet to been able to understand how
we put a car in a half parking space. So, now do we have
such a situation here where as we arrive at the required
number of parking spaces, will it say that "X" units and
then the required number is one and a half parking spaces
per unit, etc., etc.?
Mr. Rodriguez: You will not have one and a half parking
spaces per unit. You will have full parking spaces per unit
according to the formula.
Mr. Dawkins: Four parking...
gl 96 January 10, 1985
Mr. Rodriguez: Full. If you have for example, a fraction
and you multiply by the number of units at the end you would
get a full parking space per unit.
Mr. Dawkins: No, no. You see, you are just like my wife,
you are hearing me, but you are not paying attention. I
said will you tell me when you come back with this project
the required number of parking spaces is one and a half
parking spaces per two units. I don't want to know anything
about your multiplying time the total units to come up with
whatever you end up with. I have promise you over and over
that I am not going to vote for another project that you
bring before this Commission where you tell me that one and
a half parking spaces is required and you can't show me how
to put an automobile in a half a parking space. You need a
full parking space to park and automobile in.
Mr. Rodriguez: There will be eleven parking spaces for
every ten units.
Mr. Dawkins: Huh?
Mr. Rodriguez: Eleven parking spaces for every ten units.
Mr. Dawkins: Eight units. So, now if everybody in each
eight units got two automobiles...
Mr. Rodriguez: Sir, ten units.
Mr. Dawkins: So, if everybody got two automobiles, that's
sixteen parking spaces and you are coming back to the half a
parking space.
Mr. Rodriguez: Sir, there would be eleven parking spaces
for every ten units.
Mr. Dawkins: Every ten units?
Mr. Rodriguez: Yes, sir.
Mr. Dawkins: That's worse. So, you are telling me now that
we got for the eleven units, you got ten...
Mr. Rodriguez: Eleven parking spaces for ten units. For
the ten units you have eleven parking spaces.
Mr. Dawkins: So, now what happens if a guy lives in an
apartment and got two automobiles?. I mean, in these ten
units we have got ten families and let's say for the sake of
discussion, that that ten families got fourteen automobiles
and we got eleven parking spaces, where will the other cars
be parked? And I'm telling you now before it comes before
me. That this is my problem.
Mr. Rodriguez: You know, if you want to I can explain to
you again, your detail.
Mr. Dawkins: And I can understand what Jack is saying. We
need the... but this is why we need the extra parking. Ok.
So, I mean, "I just... everybody has to understand what we
are doing. Ok.
Mr. Rodriguez: I see your point.
Mr. Plummer: Mr. Mayor, where are we?
Mayor Ferre: Well, I think we are in a public hearing and I
think the attorney that represents Tigertail Association,
Mrs. Cohen wants to speak.
gl 97 January 10, 1985
4
Ms. Susan Cohen: Is it my turn? Does the... Planning
n
Department are you going to go through anymore of the SPI-17
Mr. Rodriguez: I thought that we were addressing of the
issues that have been of some concern.
Mayor Ferre: We are just dealing with Item 51 at this
point.
Ms. Cohen: All right.
Mr. Plummer: Well, can I put on the record, because I fail
to hear anywhere along the line. What is the reason for
this concept and what is trying to be accomplished by it and
I think that's very important. And I think what we are
t
trying to accomplish is to getting some more parking
available to the public along the Bayshore corridor and the
Dinner Key area and the park area and I think ---I'm not
speaking for the Commission, but I think we are trying to
avoid the scene of an ugly four story garage and this is one
of the ways hopefully to provide more parking to the public
through the private sector cost to get more parking
.=
available and I think that's got to be said.
Mr. Carollo: I think we best face it, that's the only way
{-,
we are going to get more parking available, because all the
other ideas that I have heard, the monies just aren't there.
;f
Mayor Ferre: I will...
'R iWp
Mr. Rodriguez: I mentioned on the record that the motion
K
that you gave us before instructed us to do that and I made
reference to the motion.
Mayor Ferre: All right, I need to be absent for about
h*
fifteen to twenty minutes and I will ask the Vice -Mayor to
Chair the Commission meeting and I will be back in twenty
minutes.
Mr. Carollo: Mr. Mayor, are you going to be back in time to
vote for this or not?
Mayor Ferre: Oh, yes, I will. Unless it comes to a quick
vote, which I doubt.
Ms. Susan Cohen: My name is Susan Cohen. I am an attorney.
My address is 1460 Brickell Avenue, Ste. 300 in Miami. I am
here on behalf of the Tigertail Association Incorporated,
the Home Owners Association of several hundred members, the
Coconut Grove Civic Club Incorporated, the Home Owners
Association of several hundred members, both are non-profit
corporations with headquarters in the City of Miami. I am
here on behalf of Mr. & Mrs. Ronald Kold, at 2542 Lincoln
Avenue in Coconut Grove. I'm here on behalf of Mr. Barry
Feldman, 2539 South Bayshore Drive, Coconut, Florida.
Coconut Grove is one of Miami's oldest communities and
consist of several different areas. The South Grove. The
central business district, which is the commercial section
of the Grove. The Bahamian section. The North Grove. The
North Grove -is characterized by low density residential,
quiet streets, single family homes, lush vegetation, large
yards and tranquillity. There are joggers. There are
walkers, bicyclist on the streets. The members of the
Tigertail Association own homes in the North Grove area.
Some have owned their homes for twenty to thirty years. The
proposed rezoning amendments will impact the North Grove
area. One border of the property being rezoned is Tigertail
Avenue. The proposed rezoning will allow almost a triple
gl 98 January 10, 1985
increase in existing density and floor space and will allow
office, Commercial and any type of land use in contrast to
the current residential zoning. Such proposed changes will
lead triple the floor space allowed, increased density,
increased traffic, winding of the streets in the North Grove
z and destruction of the residential neighborhood. Mr. & Mrs.
Kold own a home one block north of the area being rezoned
and are within three hundred seventy-five feet of the area.
They have lived there twenty-two years. Mr. Barry Feldman
owns a condo across the street from the proposed SPI-17
area.
Ms. Susan Cohen: He is also within 375 of the area being
proposed to be rezoned. He has lived in Miami for 30 years
and in the Grove for a decade. My clients face elimination
of the integrity of their neighborhood by the proposed SPI-
17 and consequently a radical alteration in the quality of
their life. My clients, in fact, face a taking of the
integrity of their neighborhood by these proposed
ordinances, and consequently at a minimum require the due
process requirements to which they are entitled by law. We
ask your careful consideration of these serious matters.
I'm going to make a presentation. I'm going to ask that you
hold your questions until I'm done, because sometimes I
often answer a question as I go along.
Mr. Carollo: Excuse me, Mr. Clerk, can you keep the time
from now on, so that we make sure that all sides have equal
opportunity to speak the same time.
Ms. Cohen: Upon reviewing the file, I have noted several
procedural defects which divest the City Commission of the
jurisdiction to do anything here right now. The first of
these is as follows. The public notice for this hearing
January 10, 1985 on these items, and I'm going to talk about
48 through 51 together to save time so we don't have to
repeat this for each one. The public notice for the January
10, 1985 hearing on these items does not sufficiently inform
the public of the essence in scope of the proposed changes
in that the proposed changes in the notice indicate a change
in land use of eliminating the SPI-3; changing RG-2/5 to RO-
3/6; application of the SPI-17, plus amending ordinance
9500. In fact, the parking bonus situation in 15172.2.1
allows rezoning to any land use, which is the way the
ordinance reads. For example, under 15172.2.1. a building
proving 500 bonus parking spaces could have up to 100,000
square feet of any land use. The SPI-17 then actually
eliminates all land use categories for the bonus square
footage. This elimination of all land use controls pursuant
to 15172.2.1 is substantially greater upzoning than the
proposed changes in the notice indicate, thus rendering the
notice fatally and effectively vague. Furthermore, the
notice of a change from RG-2/5 to RO-3/6 is also fatally
vague in that an ordinary citizen without zoning knowledge
would not know that accessory uses for RO-3/6 include retail
land use. For example, to discover the uses allowed in R0-
3/6, a citizen would have to go to the Planning and Zoning
Department, read Ordinance 9500, as amended, plus the
district regulations, plus the on -going proposed amendments
before this body to the accessory uses to find out what uses
are indeed allowed. A citizen is not required to do these
kinds of things to understand the notice. Further, noticing
a change of Ordinance 9500, as amended, by removing SPI-3,
conveys no meaningful information to a reader and is also
gl 99 January 10, 1985
4
fatally vague. Again, a citizen would have to go and look
x:. up multiple documents to discover what eliminating SPI-3
means. Consequently, the entire body of the notices are
unconstitutionaly vague and violates the Florida
Constitution, Article 3, Section 6; violates Florida
Statutes 166.041(2); and the City of Miami Charter 4-f.
Case law also indicates the impropriety of the public notice
of these items. A second constitutional defect in the
precluding
notice p g your doing anything with it today is in
a 15172.2.1, there are no guidelines or standards established
'. to trigger the bonus. The only apparent guidelines are to
0. be within a 600 foot radius of a Dinner Key activity.
However, there is no provision assuring that once the public
need, if any, is met, the bonus will no longer be available.
Further the radii can intersect, thus allowing several
property owners to claim the bonus and duplicate the spaces,
unnecessary spaces. There should be criteria in the
ordinance. For example, such criteria could be the existing
plan parking needs; (b) a demonstrated need by a particular
applicant for a bonus; (c) verification of the need by an
agency, independent of the applicant; (d) a public hearing
for this independent verification process so the public can
have input, because the bonus will have such a serious
impact on their quality of life. Consequently, the lack of
guidelines and standards for applying the FAR bonus in
15172.2.1 renders the ordinance unconstitutional because of
improper delegation of legislative power in say, Brickell
cases. Should the City Commission proceed with the first
' reading of these ordinances or refer it back to the Planning
Board or do anything with it, it would be acting totally
without constitutional authority. ` y We object to such
violations on the grounds just presented and urge notice
which will inform the public of the actually upzoning being
sought in the Ba shore corridor. The third eg y procedural
' defect divestingthe City Commission of y jurisdiction to hear
these items today, is that the proposed rezoning of item 48
also changes the Miami comprehensive neighborhood plan by
changing the median density residential land use in the RG-
# 2/5 strip along Tigertail to a more intense land use, that
is RO, plus any land use under 15172.2.1. The public should
-._ be apprised of this change in the notice also, pursuant to
3+fi
the City Code and the Florida Statutes. The fourth reason
the City Commission has no authority to do an thin with
pe these items today, is the intent f Ordinance 9500, as
r amended, Section 3514.3. the eighteen month rule. According
X`} to Mrs. Dougherty's memorandum of December 12th on Commodore
s Bay, the intent of the eighteen month rule is to insure the
4 r;City Commission not be burdened by processing re -
applications and that adjacent property owners be protected
` from a repetitious application designed to wear the
opposition down. In November of 1983, the City Commission
: enacted Ordinance 9748, effective December 5, 1983, which
upzoned property in the subject area at 3225 Darwin from RG-
f s k 2/5 to RO-3/6. This is reflected on the zoning atlas page
' B P 8
45. Consequently the City Commission hearin 's further
K rezoning on this parcel land before June 1915 violates
section 3514.3. Further, since SPI-17 and RO-3/6 on this
parcel would be inconsistent with the Miami comprehensive
' neighborhood plan, a waiver provision of 3514.5 is not
available. Similarly, in October 1983, ordinance 9678
became effective, which upzoned 3216-28 Aviation Avenue from
RG-2/5 to RO-3/6, thus the City Commission hearing further
rezoning t g on this parcel before April 1986 also violates
3514.3 • The intent of 3514.3 has certainly been violated by
the repeated need .for the adjacent property owners to appear
at hearings on SPI-17 and related items, plus the Terremark
rrw Center involving the same area. Public
policy
>. considerations demand the violations of Section 3514.3 stop.
- The fifth reason the City Commission has no power to hear
wk 'V f
these amendments or do anything else in addition to the
gl 100 January 10, 1985
�j
vr�
4t_
vagueness of the notice and the failure to inform the public
a '
of the comprehensive plan change and the improper delegation
and the eighteen month rule, is that on the zoning atlas
page 45 also indicates there is a covenant on part of the
`3
along Ti land included in the
g ertail g proposed rezoning
number 9680 for the location. The provisions of 15172.1 may
be inconsistent with the covenant and therefore preclude
SPI--17 being applied to that parcel. Finally, the last
reason is that thirty day notice rule for this hearing on
these items pursuant to 166.041(3)(c)(1) has been violated
'
in that the proposed SPI-17 ordinance was not in the file
and available for public review when the notice was sent
out.
Mr. Carollo: Excuse me, Ms. Cohen, how much additional time
will you need, ma'am, to finish?
N
Ms.
Cohen: I don't know. It depends on the questions.
Mr.
Carollo: I'm saying for you to read, not for questions
from
the Commission. I'd like to get an idea of how many
people
we have that need to speak today, so that we can have
an
idea of how much time we need to allocate. We've allowed
you
so far a little over ten minutes. I just want to know
.
how
man y people we have to have an idea of how long.
fix,...
Ms.
Cohen: Not too many more, not too much more to read.
Mr.
Carollo: Do y ?
you need maybe another five minutes?
°
Ms.
Cohen: It depends on the number of questions and the
being u . I can't answer
8 brought 8 P your question,
'
Commissioner.
Mr.
Carollo: I'm saying to finish what y g you are reading now,
how
much additional time you need?
rtx
Ms.
Cohen: A few more minutes.
'
Mr.
Carollo: Five a more minutes.
1'
w�
Ms.
Cohen: Yes.
Mr. Carollo: How many
additional people
would like to speak
>=
on the subject here?
See, we could be here all night unless
we start limiting the
g
time in this. If
you all want to be
here all night, I'll be
here all night.
I have no problems,
-"`
but I'm just saying
that we're going
'
to limit the time
because we just can't let everyone speak on and on and on.
r.m INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
;T
RECORD.
Mr. Carollo: Well, certainly, sir, we're giving her
whatever time she needs. I just want to establish the fact
of how much time we need. If there are other people that
would like to say something different than she has been
saying and would like to bring some additional input into
it, what I need for them to do is to come to the City Clerk
and give your names to the Clerk so that you can say
whatever you have to say, but we're going to have to limit
the time you have. Otherwise, we're going to be here all
night on this completely; and I don't think that's fair to
you or to us also. We've been here all day already. If
there are other people that would like to say anything
different than the attorney that is representing you has
said, if you would please come to the Clerk and give your
names to him, we will give you as much time as we possibly
can to express your point of views.
gl 101 January 10, 1985
Ms. Cohen: Let's stop the clock from running while other
people do that.
Mr. Carollo: Ma'am the clock has been stopped already. If
you see, it's been frozen since I spoke. Don't you worry
about that.
Ms. Cohen: Since we've lost the continuity, I'm going to
start again.
Mr. Carollo: Ma'am, you have that right if you like to. I
think everyone here has read so far what you stated, but
please feel free to. I thought the idea was to be open
minded, not close minded.
Ms. Cohen: Have you all gotten your act together so we can
proceed? Are we ready to go on?
Mr. Carollo: Ma'am, I'm trying to be as polite as I
possibly can, I certainly hope you are. If someone wants to
be close minded, I assure you, I've had plenty of
experiences of being close minded, so I would hope you could
give us the same courtesy that we're giving you. The only
reason your act is not together is because we're waiting for
some of the people that you have here, giving the courtesy
to come and give their names here.
Ms. Cohen: We can end this very quickly after Mrs.
Dougherty indicates whether the Commission can rule or not,
which is what we're giving her time to do, I assume.
Mr. Carollo: Frankly, I've seen people come up here and be
x3 rude when the Commission is not people time, but I've never
seen people being rude to us when we're giving, on the
contrary, people the opportunity to come up and be able to
r speak. I'm kind of fickle, maybe it's the tropic weather
-,, here in Miami.
Ms.
Cohen: I'm going to
recap the points that I've made,
- rm
procedural
defects, there
are six of them, as to why the
City
Commission has no power
to do anything. The first is
that
all four items 48
through 51 are unconstitutionaly
vague. There is improper....
Mr.
Dawkins: Would you
let the City Attorney respond to
each
of your charges so we can finished rather than go back
and
forth, please?
Ms. Cohen: Sure.
Mr. Carollo: Madam City Attorney.
Mrs. Dougherty: Yes, sir, Mr. Vice -Mayor.
Mr. Carollo: Please make sure that you are writing these
charges now and you understand each of them if you don't
have them down already, please.
Mrs. Dougherty: Yes, Mr. Vice -Mayor.
Ms. Cohen: The recap of the items, before I finish up,
which will just take a moment, is that the four items are
unconstitutionaly vague; these are agenda items 48 through
51. They are unconstitutional because of improper
delegation of legislative authority, SPI-17. They changed
the Miami Comprehensive Neighborhood Plan without notice of
such. There are violations of the eighteen month rule.
There is a covenant on part of the land, which is
inconsistent with SPI-17. There is a violation of the 30-
day notice rule for the January 10 City Commission hearing
gl 102 January 10, 1985
<= today on these items, pursuant to 166.041(3)(0)(1) in that
r the proposed SPI-17 ordinance was not in the file available
for public review when the notice was sent out. The
iA proposed ordinance was added to the file on December 14,
1984. For all of the above reasons, the agenda items
relating to the Bayshore corridor and Tigertail zoning
w>: amendments, agenda items 48 through 51 cannot be heard today
nor referred, nor anything done on them. I had summarized
these arguments and have copies of them for you, which I
will distribute at this time. I will ask the Clerk to
please mark these as an exhibit. I think at this point it
is appropriate for us to wait until the City Attorney may
respond to these.
Mrs. Dougherty: Mr. Vice -Mayor, I'm ready to do so, if
you....
Mr. Carollo: Madam City Attorney, if you are ready to do
so, then maybe we can proceed with this to save some time.
Mrs. Dougherty: Mr. Vice -Mayor, with respect to the notice,
it is our opinion that it is sufficient. We have reviewed
it. My assistants have reviewed it prior to this meeting.
It is our opinion that it is sufficient. It is not required
to print the entire zoning ordinance in notice, but simply
Y " give reasonable notice that people can come down and inquire
as to what the regulations mean. With respect to the
eighteen month rule, that applies to when you're asking for
the same zoning again, which is not the case in this
E instant. The City is not required to enforce covenants, so
with respect to that argument, it is my view that we can
continue with this. The Zoning Department has informed me
that the application was on file 30 days prior to this
x hearing. Based on that information, it is my view that we
can continue on.
Mr. Carollo: That's number 4 that is presented here.
Mrs. Dougherty: With respects to the standards, it is our
view that there are sufficient standards in the ordinance.
k, It is fairly clear when this bonus can be granted, and
that's when you have 100 extra parking spaces.
a-°-° Mr. Carollo: Did she answer all the questions that you
brought up, ma'am?
Ms. Cohen: No, sir.
Mr. Carollo: Are there any additional questions that....
Ms. Cohen: For the record, I know that the City
Commissioners want to rely in good faith in Mrs. Dougherty's
opinion, I would ask her to give me some case law on why the
notice is sufficient. I have given her case law in which
when the notice does not indicate that the proposed
amendment indicates a greater land use change than the
notice, that notice is insufficient and vague.
Mrs. Dougherty: I'm not responding about the amendment at
this time. I'm speaking about the ordinances that are in
front of you..
Ms. Cohen: The notice of the ordinance is what we're
talking about.
Mr. Carollo: Would you like to respond to that now, ma'am?
Mrs. Dougherty: With respect to the amendment, Mr. Vice -
Mayor, it's my view that probably the amendment would be all
right. However, given the nature of the controversy. ..and
gl 103 January 109 1985
my reason for this is the Planning Board did hear it. They
si
made a recommendation of 100 parking spaces. You're not
bound by looking at that ordinance. You can amend it. The
question is whether or not it ought to go back to the
Planning Board for that amendment. Given the nature of the
a -
controversy of this particular item, however, it is my view
and my advice to you that if you want to be absolutely safe,
you ought to pass it with 100 parking spaces as a minimum
requirement and refer it back to the Planning Board an
amendment, if that is What your desire is for the 75.
Mr. Carollo: That is your recommendation. What is your
ruling?
Mrs. Dougherty: That is my recommendation and my ruling.
If you want to be absolutely safe, that's the way to do it.
Mr. Carollo: Is there any statements that the Commissioners
would like to make at this point in time?
Ms. Cohen: The amendment is now properly before you for you
to change.
M
Mr. Carollo: Excuse me, ma'am, I'm asking some of the
members of the Commission if they would like to express
'.-
themselves.
Ms. Cohen: I'm sorry, I can't hear you.
Mr. Carollo: I'm asking the members of the Commission if
there are any statements that they would like to make,
Commissioner Plummer, Commissioner Perez. Is there any....
J:b
Mr. Plummer:
Mr. Vice -Mayor,
as
you are aware, this
Commission is
in fact bound by
any
ruling
of the City
Attorney. I
assuredly will make
my
way
through what her
ruling is. If I don't follow her
ruling,
I am then subject
to individual
action and I'm not about
to
do that.
Mr. Carollo: Madam City Attorney, based on your ruling,
what is the next step that you recommend for this Commission
to take?
;a Mrs. Dougherty: I would advise considering adopting the
.= various ordinances as is and as recommended by the Planning
Board and the Zoning Board.
k5�p.3L
r Mr. Carollo: In other words, adopting the ordinance that we
have here before us today.
Mrs. Dougherty: That is correct, Mr. Vice -Mayor, after the
public has had an opportunity to be heard.
Mr. Carollo: Of course. For the record, you are advising
us that we can proceed in dealing with the ordinance that we
are to discuss here today relating to this matter.
Mrs. Dougherty: Yes, sir, Mr. Vice -Mayor.
Mr. Carollo:. That's for the record. Now, if I may,
Commissioner Plummer has to leave here at 7:00. You have
spoken, ma'am, for approximately 15 minutes. What I'd like
to find out is there are fourteen people here that stated
that they wanted to speak against these ordinances. What
I'd like to find out is if you prefer to have a few minutes
apiece, two to three minutes apiece, or would you like to
have several spokesmen, such as Ms. Cohen, to speak for all
of you, because obviously, I cannot give everyone 20
minutes, 15 minutes, half a hour to speak.
gl 104 January 10, 1985
x
F
�+r
Ms. Cohen: I'm not finished yet.
tfi
-
v
Mr. Carollo: I know you're not finished, ma'am. I
certainly realize that.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD.
Mr. Carollo: What I'm trying to do is to see if the group
of people that are against these ordinances, if you can come
to an agreement between yourselves and see if you can pick
two or three of you that would be representing the core of
you in making your statements. What I'm stating for the
record is that I cannot give everyone any amount of time
that they would like to speak. It's impossible.
Ms. Cohen: May we say on the issues of the legal promise,
because none of these people may be able to speak tonight.
The issue here is the legal jurisdiction of the City
Commission and that's what we should adjust first.
4
Mr. Carollo: Unless you have any different arguments than
you have already give, the City Attorney has already ruled.
Ms. Cohen: I have some responses to what she has said that
d`
may change her opinion.
Mr. Carollo: Ma'am, the City Attorney has already ruled on
L..
the issue.
yy
Ms. Cohen: For example, the application was not in
the
file. It is stamped December 14th, which
is not 30
days
='
before this hearing.
Mr. Carollo: Very good, let's do this so we
could stop.
Ms. Cohen: SPI-17, she has based her opinion
on being....
1� 3
�.
Mr. Carollo: Ma'am, can you do this for
us so we
can
proceed? Whatever other arguments you have of this
City
Attorney
Ms. Cohen: It is quite clear that you are cutting off our
due process....
Mr. Carollo: No, ma'am, I am not cutting off anybody's due
process.
Ms. Cohen: ....rights, my opportunity to speak, my clients'
opportunity to speak.
Mr. Carollo: Ma'am now, for the record, I've made it very
clear and I've gone to extremes to insure that everybody's
due process, including the Commissions due process, which
apparently you think we have none, is respected and
protected.
Ms. Cohen: I think you have no jurisdiction to that.
Mr. Carollo: What I would like for you to do so we can get
to the bottom line of why we are here tonight is that if you
can present all of the arguments that you have already of
why we cannot hear this tonight, if you can present them to
the City Attorney, so that if there is anything here that we
are doing incorrectly, so she can rule on that.
Ms. Cohen: I would like her to rule on this matter of the
application in the file, SPI-17 was put in the file December
gl 105 January 10, 1985
114th. The standards, I would like case law as to why the
standards that are in SPI-17 are sufficient because I know
you want to rely on good faith on her, I've been unable to
find cases contrary to my opinion. The City has a covenant
on the property, which says specifically this covenant is
specifically enforceable by the City of Miami. I don't
understand how the City Attorney is basing her opinions.
Mr. Carollo: Madam City Attorney, do you need to answer
that again or not?
Mrs. Dougherty: Mr. Vice -Mayor, the City is in possession
of a covenant running towards it, it can waive the right to
enforce it, and by voting for this, you would be implicitly
waiving the rights to that covenant.
Mr. Carollo: Any additional arguments that you would like
to present?
Ms. Cohen: The 30 day issue.
Mrs. Dougherty: Mr. Vice -Mayor, the application must be on
file ten days prior to the hearing, not 30 days. The notice
has to go out 30 days in advance.
Mr. Carollo: Any additional ones, ma'am?
Ms. Cohen: This issue before you, I do not accept any of
the opinions the City Attorney has given. I in no way
concur with anything she has said.
Mrs. Dougherty: Tell her it matters when she becomes City
Attorney.
Ms. Cohen: I believe you are acting beyond the scope of
your authority.
Mr. Carollo: Any additional statements you would like to
make about our City Attorney?
Ms. Cohen: The issue, Mr. Carollo, is that this City
Commission has no jurisdiction because the notice is
insufficient. The public has not been apprised of what
upzoning is being sought here. That is the issue and not
anything that you are trying to extract about me or anything
about the due process. I am Quite aware of what you are
trying to do.
Mr. Carollo: Very good, very good, no I just want to make
sure that you understand that we want to follow the due
process. Now, the arguments that you have presented the
City Attorney has ruled that we are abiding by the law, and
she has ruled that we can hear what is before us today. We
are not attorneys. We are bound to go by what the City
Attorney states. Unless any member of this Commission wants
to overrule the Chair, the Chair is going to rule that we do
as we always have done and we abide by the opinion that the
City Attorney has given us. If I may, Madam City Attorney,
what exactly does the Code state in the City of Miami is the
time limit that we can limit each person that would like to
speak to.
Mrs. Dougherty: Ten minutes, Mr. Vice -Mayor.
Mr. Carollo: Ten minutes per person.
Mrs. Dougherty: Yes, sir.
Mr. Carollo:
not.
It doesn't matter whether it is an attorney or
gl
MV
January 10, 1985
0
0
Mrs. Dougherty:
That is correct.
Mr. Carollo: I am going to rule then that anybody that
would like to speak, we have to abide by the Code, is going
to be limited to ten minutes, unless you all would like to
get between yourselves the people that have come before here
and assign several spokespersons for the group as a whole.
Otherwise, we have no choice, but to limit it to ten minutes
per person.
Ms. Cohen: This is
clients the right to
issue at stake here
that you are taking.
a public hearing. You are denying my
be heard. There is a very important
and I do not understand the position
Mr. Carollo: Madam, I'm
surprised you would make such a
statement. Basically, you've
been the one who has been
doing all the talking. How
can we be denying your rights?
The Mayor is back, I will hand
the Chair back to him, and if
he would like to overrule
anything that I have done up to
now, he certainly can.
Ms. Cohen: I did ask the
City Attorney for some cases to
cite on why the notice is
sufficient and why the standards
are sufficient in SPI-17•
I believe my position is correct.
I know you want to rely
on good faith on her. If she
x'
could....
Mayor Ferre: Ms. Cohen,
you and I ... and I've got the
greatest respect for you....
Ms. Cohen: When you start
like that, that's bad news.
Mayor Ferre: No, it's not.
Mr. Carollo: That gets around.
41
Mayor Ferre: I want you to know that you and I have been
N:A
through this, as you know, on Monday at the South Florida
Regional Planning Council. You remember that at that time,
the chairperson of the South Florida Regional Planning
`-
Council also ruled on the question of whether or not there
had been sufficient public involvement and notice. I might
further point out to you that these are all matters on first
hearing. You know that in the County, at first hearing,
they usually pass things without any discussion or with
limited discussion. Then the public hearing portion is at
the second hearing. We're a little bit more open here in
the City. We let you talk first time around and second time
around. I want you to know that there will be to all of
you, and I have a list here of pro and con, there will be
plenty of opportunity for all the people to talk at first
r
and a second reading. As I understand, it is the rule of
,
this, my rule as Mayor for twelve years, when we get a lot
~{ '
of speakers we limit the speakers to three minutes. I'm
..,
usually pretty liberal about the three minutes and sometimes
i
it runs to four or five, and I don't cut people off. How
,<
many people and I apologize for having to do this twice,
Commissioner-Carollo, because I'm sure you went over it, how
many people are the opponents besides yourself that wish to
be heard, you and Joanne. MAYOR COUNTS HANDS. Ten, that's
a half hour right there. What usually happens is about the
third or the fourth speaker begins to repeat what the others
have said. I will, since you and Joanne are very
'
articulate, I will recognize you as lead speakers and I will
give you ten minutes. Then we'll go from there and
everybody will have three minutes and we'll see how it goes.
That will be forty minutes, so proceed. Oh, you've already
had ten minutes?
gl 107 January 10, 1985
Y
Mr. Carollo: Fifteen minutes.
Mayor Ferre: I'm sorry, I apologize. Now we will move
along to the other speakers then.
Ms. Cohen: In no way do we waive any of the objections that
we have presented tonight. You've indicated that we must go
ahead on the merits, which we will proceed to do so. In no
way do we agree with any of the decisions on the
constitutional defect issues. Just to make that clear when
we go on to the merits, we are not giving it up.
Mayor Ferre: Mrs. Cohen, you know this is not a court of
law. I know you are taking this eventually to a court of
law. I will give you all the opportunity to put whatever
you want into the record so that you will be properly
prepared before the court, but this is a City Commission.
We are dealing with a matter dealing with real estate
zoning. Let's proceed now, if we may.
Ms. Cohen: I want to clarify something you just said.
Mayor Ferre: Go ahead.
Ms. Cohen: Are you indicating that the citizens must go to
court to try and have....
Mayor Ferre: Oh, absolutely not. No, no, the citizens have
a right to come before this Commission, present their
.;
position, be heard, and this Commission has always had a
a
very clear record of having anybody and everybody speak.
There must be a limitation, like everything else in life.
Ms. Cohen: Why don't we let the proponents go on, then, and
x
we will do that afterward.
Mayor Ferre: Fine, have the proponents presented their
arguments?
n=� • ,
�
Is there anyone here beside Mr. Fine
Ms . Cohen: y , who has
� ..
already spoken?
Mayor Ferre: Have the proponents spoken
p p yet. Are there any
proponents who wish to speak? Mr. Traurig, I will recognize
F{.r
you first. Then I will recognize Mr. Charbonnet and go
right down the line. I would be very grateful also Mr.
Traurig, if you and the other speakers will keep this as
brief as possible. How much time do you need?
Mr. Traurig: Probably five minutes, but I haven't timed it,
Mr. Mayor.
!
Mayor Ferre: All right, sir, we'll keep a cumulative time
and we'll try to be as fair on both sides. Go ahead and
like Mrs. Cohen,* you have an equal amount of time as a prime
proponent and then we'll go on from there.
Mr. Robert H. Traurig: Mr. Mayor, members of the
Commission, my name is Robert H. Traurig. I'm attorney at
law with offices at 1401 Brickell Avenue. I represent one
of the property owners affected by this ordinance Terremark,
Inc. Ms. Cohen, in her introductory remarks, made an
eloquent description of the ambience in Coconut Grove. I
would like to point out to you that the basic area which is
being considered by this ordinance has an established
commercial character. It isn't the residential, single-
family residential portion of Coconut Grove, which is the
primary focus of this ordinance. I think it's very
important, though, that we determine whether this ordinance
gl 108 January 10, 1985
11
'.
would enhance Coconut Grove. I would say to you that the
intent provisions spelled out in the preamble to the
ordinance very clearly establish that. Because they say in
the ordinance, which you have in front of you, that it's the
A
intent of the special public interest district regulations
that future public and private developments shall respect
and enhance the character. Then they go on to say that
these regulations are intended to apply to the properties
abutting South Bayshore Drive and then very clearly they
establish a number of the controls and regulations which
will create a special public benefit from this ordinance.
That is by providing height limits, special set back, view
corridor requirements, transitional use and design
requirements, incentives to provide publicly available
R.
parking for Dinner Key activities and design review
.
guidelines. Therefore, this ordinance very clearly says
that it is the objective of this ordinance through a number
of regulations to enhance the character of that area.
Terremark supports the ordinance. It does so,
notwithstanding the fact that there are FAR limitations.
The base FAR is retained. There is no provision here for
increasing the basic FAR which has historically been applied
for this particular area. However, there is a bonus that is
provided of floor area ratio, up to a maximum of .5, but
only in the event a certain provision for parking has been
met. Therefore, if that were met, there would be a very
great service to the public interest by providing excess
private parking for the general public at specified rates
and within specified distances from major public facilities,
and we'll get into that. When you addressed the Dinner Key
Plan and when you adopted the Dinner Key Plan, there was a
recogn-1tion within the plan and by accepting it, you
s".
acknowledged that recognition that if the changes in the
Dinner Key area were to occur, that there would be a need
for an additional 831 parking spaces, which are not met
Pl�
within the area that would be developed within this Dinner
Key governmental complex. One of the provisions of that
., .
study is that the demand exist for approximately 650
additional spaces in structured parking. Therefore, if you
were to adopt this and you were to encourage the creation of
additional private, off-street parking spaces available to
.°..'"
the general public, you will be meeting the goal of the
Dinner Key study by making that parking available at metered
rates. Statements were made at the Planning Advisory Board
nY
that this is a unique bonus, which has not been afforded to
others in the City of Miami and it's being developed in
order to enhance the development of certain properties
within Coconut Grove. That isn't true. I would call to
v*
your attention that you have in a number of ordinances,
specifically SPI-59 SPI-79 SPI-7.19 SPI-7.29 and SPI-8
,.
�•.,
'*
provide in a number of bonuses, provided that the developers
created certain amenity packages, some of which were
i
parking. Therefore, there has been an establishment of a
OF"
policy here to reward the creation of additional parking and
additional other amenities. But what else....
a
Mayor Ferre: Excuse me, counselor, how long has that been
f1 now? Five minutes.
Mr. Traurig: Mr. Mayor, I had intended to respond to a
whole series .of objections.
Mayor Ferre: I understand. You're entitled the same time
that she had, so you go ahead.
Mr. Traurig: I will abbreviate it. Another thing that was
Y said at the Planning Advisory Board is that it's all being
-y designed to give a bonus for additional parking. That isn't
so. This ordinance is to preserve the basic character of
this area. It, among other things, establishes height
gl 109 January 10, 1985
limits. At the present time, there is no height limitation
in this Coconut Grove area and Mr. Luft spoke eloquently
about that. This Would establish a 22 story height limit.
The project that is the focus of this hearing that other
people are going to be talking about only has 18 stories and
so that height limitation doesn't even affect that project,
but I would say to you that there is a great public benefit
from establishing the height limitation at 22 stories.
Also, this ordinance requires special Class-C permits. We
have to go the Planning Department; we have to demonstrate
that we have adequate open space, that we have view corridor
relationships, that the landscaping is adequate, and that
the physical and visual linkages the public residential
areas are being met. Therefore, the City has new control
mechanisms to insure outstanding development in this Coconut
Grove area. Furthermore, the area that is sought to be
protected, which is Tigertail, is now being protected by
this ordinance, because it provides controls over vehicular
access to Tigertail and specifically it provides that
vehicular egress from private drives is prohibited onto
Tigertail. It then provides for landscaping review and then
it goes on to talk about the Tigertail transition. In order
to protect Tigertail, one of two things must occur. Either
there must be open space along the Tigertail frontage, ,or
else there has to be townhouse style development which would
be residential in character, which would be used as
residential, and which would create the transition between
the office development or commercial development along
Bayshore and the Tigertail development. So therefore, in
brief, and we would like the opportunity to rebut it, if it
were available to us, because we know that we have moved
through this very rapidly and there are a number of issues
that could come up, as a result of a multitude of other
presentations. But I would say to you that we very, very
definitely support the ordinance and we would encourage you,
however, if you were to look favorably on it and seek to
pass it to make one minor change in section 15172.2.1
subsection-c, and I would like to pass this out to
everybody, so that we can establish more specific standards.
Ms. Cohen has talked about a lack of certain standards as
far as distances from the place of development to the public
areas and also there has been a question of what are those
public areas, and we'd like to address that. We would ask
you therefore, that in the event you were to move for
approval of this ordinance and to adopt this ordinance on
first reading, that you add the underlined words, which
changes the description of the area to be served from major
public activity to an activity center identified in the
Dinner Key Master Plan 1984 because that is a very specific
defined area, and then we would go on to talk about the
distance, and it would be the 600 feet shall be measured
along the nearest available pedestrian walkway, so therefore
there would be no question about how it would be measured.
For purposes of this section, the Dinner Key Master Plan is
defined to be that plan that you adopted on October 19,
1984. We urge you to support not only your Planning
Department, but your Planning Advisory Board, which
unanimously recommended the adoption of this ordinance to
you. Thank you very much.
Mayor Ferre: How many minutes was that, please? Ten
minutes, all right. Ms. Cohen, I'll let you organize the
opposition, so you go ahead and bring whomever you want.
Ms. Cohen: Before we start on the merits, I would like to
ask the City Attorney if she would please send me a memo
citing case law for her opinions tonight on my points.
Mayor Ferre: All right, that is a reasonable request.
gl 110 January 10, 1985
y
z `
�t
W S e
Ms. Cohen: Also, I believe that Mr. Traurig's addition here
: to the amendment number one, supports our argument there's
improper delegation here without standards. Since it refers
to Dinner Key, again, you have the improper notice because
it incorporates the Dinner Key Master Plan and you've not
noticed those people either. We still have the same
problems. I'm in a quandary as to what to do about the
time. My clients have lengthy presentations. I don't know
what you would like me to do to ask them to speak on three
minutes when they have been waiting for such a long time to
address you on these issues and what is so important to
r, them. It just leaves me on a quandary.
Mayor Ferre: Ms. Cohen, we want you to proceed. We've
taken note and I'm sure the court will take note of that and
we now must proceed because we still have a good hour ahead
of us in discussion. Why don't we get on with this.
Ms. Cohen: That is the second time, Mr. Ferre, you have
indicated that we might have to go to court. I'm just very
concerned about that.
Mayor Ferre: Well, I think the posture you've been taking
all along certainly would indicate that is your clear
intention as an attorney, and I don't blame you are
representing your client. Let's proceed now with this
portion of it.
tR.
Ms. Cohen: Let's look at the current zoning on Tigertail.
Mayor Ferre: Are you going to keep on?
' Ms. Cohen: Yes, I have a presentation also. I said I'm in
w' a quandary. We have a lengthy presentation.
fi
L5 Mayor Ferre: I tell you, you've already taken fifteen
f minutes. I think there has to be a limitation as to how
much time each person can take here. Otherwise, we'd be
here until midnight. How long will your presentation take?
A; Ms. Cohen: I'd say a half hour and then I have people who
are....
4 Mayor Ferre: Well, we have a problem here.
Y.
> s Ms. Cohen: Yes, I'm in a quandary. Please advise me what
to do. I don't want undue process where it's cut off. I
don't know what to do. You are a time problem.
't -3 Mayor Ferre: The problem is this. You know, this is a part
time job; Commissioner Plummer does have a business to run
d and tonight he has to be at 7:00 at a funeral, which is his
business and he's got to be there. It's unfair to the
t "^f people who are making this application, as far as I'm
Fr: concerned, you tell me. It's now 6:36. There's no way.
ti She wants a half hour. There is no way you can do that and
be at your funeral by 7:00.
Mr. Plummer: Mr. Mayor, I do have to leave at 7:00. I will
not promise,,but I possibly could be back around 8:40. I
realize that the policy of the Commission is 9:00, but if
that would help matters, I would be happy to come back as
quickly as I could, but I would say the earliest would be
8:40. If that would be of help, I can do that. That's up
to you.
1 Mayor Ferre: We'll see what the rest of this Commission
wants to do. You want to listen for half an hour and then
break and come back at 8:40? I'll be happy to do that.
gl 111 January 10, 1985
4
Ms. Cohen: We'll do whatever you want to do.
F Mayor Ferre: I have no problems.
Mr. Carollo: I'd rather break now for half an hour or 45
minutes and come back then and try to listen as much as we
can before Commissioner Plummer gets back. If we have to be
k here until 2:00 in the morning, I, for one, am willing to
stay. But what I'm seeing is that the lady is insisting on
time and frankly, I'm seeing such a pushiness unlike I've
ever seen before and I'm in a quandary because I thought it
was something personal with me, then I'm seeing it with you,
it can't possibly be mad at you and me at the same time.
' Mayor Ferre: I think she is doing her job and she does it
E
well.
Ms. Cohen: It's the best show in town here.
Mr. Carollo: For a moment there, before she started, I was
going to tell her who I was, that I wasn't Maurice Ferre,
but I guess she knew when you came in.
Mayor Ferre: I don't have any problem with this lady. As
far as I'm concerned, J.L., it's 6:40, if you want we'll go
for another ten minutes and then we'll break and we'll come
back at 8:40. Mr. Fine.
Mr. Martin Fine: Mr. Mayor, members of the Commission,
rather than my having to wait here all night, I'm sorry you
all have to. Would you be willing, assuming we withdraw
fthis request to amend at this time to instruct your Planning
Department....
r
" K Mayor Ferre: Yes, sir, I think it's a good way to do it.
i
Mr. Fine: ....to review the possibility of having the
threshold at 75 and if they think it's appropriate to
recommend, to submit it to the Planning Advisory Board, so
a if you do that now, I' d appreciate it so we can y pp go about our
business.
Mayor Ferre: Let me put it to you this way. We can't make
motions before things pass and all that, but I for one, and
each one can make a statement into the record, that should
item 51 pass, which is what you are talking about, I would
vote for and if not, I would move, should 51 pass, that we
instruct the Planning Board to immediately take up the issue
of 75 rather than 100, and bring it back to us as quickly as
possible.
Mr. Fine: And to bring it to the Planning Advisory Board
and the Planning staff whatever.
Mr. Plummer: And any other proposed amendment.
Mayor Ferre: And any other proposed amendments; there might
be more than one. That's one man's position.
Mr. Plummer:. Mr. Mayor, while you were gone, that was the
ruling and recommendation of the City Attorney. I surely
concur with that.
Mayor Ferre: Plummer, do you agree? Perez, do you agree?
Carollo, on the statement that was just made? Dawkins?
Mr. Carollo: Why don't we break for a few minutes to get a
breather and get something to eat.
gl 112 January 10, 1985
Mayor Ferre: We're going to break in a moment. The
question now is I think you have four members that have
a
stated on the record, and possibly five, that should 51
pass, we will do that. So you can go home.
A
Mr. Fine: Thank you very much.
Mayor Ferre: Is there anyone else that wishes to be heard
before we go on with Mrs. Cohen? Mrs. Cohen, why don't you
at least begin and let's go ten or fifteen minutes into your
statement and then we'll break.
Mr. Plummer: Excuse me, Mr. Mayor, are you aware that the
"Thornbirds" come on at 8:00 o'clock? And I forgot to set
the tape.
Mayor Ferre: I don't watch those porno pictures.
Ms. Cohen: What is the schedule to go to the Planning
Advisory Board then come back for first reading and then
second reading?
Mayor Ferre: No, ma'am, see, Mr. Fine has a client and
there are other people here who have properties that -there
are four of them- and what they want is the bonus to be
applicable to the smaller properties. So they are
recommending that the threshold be reduced from 100 to 75.
So what we stated into the record is that should 51 pass for
.,;.:'.
the 100 automobiles, then we would instruct the Planning
Department, I mean the Planning Board to review the 75
threshold and come back and report to us and then we vote on
that. That in no way would impair what would happen
-
tonight. In other words, if there are three votes in favor,
� 4Y
it would pass.
Ms. Cohen: Are you talking about a public hearing before
the Planning Advisory Board?
Mayor Ferre: Yes, sure.
Ms. Cohen: Then come back for a first reading and then a
second reading?
Mayor Ferre: Absolutely.
Mr. Plummer: On the amendments.
Mayor Ferre: On the amendments.
Mr. Dawkins: Amendment or amendments.
Ms. Cohen: Just on that one amendment.
Mayor Ferre: Yes, ma'am.
Mr. Dawkins: Or it could be more than one for the simple
reason you have stated yourself that there is no provisions
for guaranteeing how many or how close or how far away or
what have you, so at that hearing, that amendment may be
added, so when it comes back, we don't know what we will be
voting on, but we will be voting on it as amended.
Ms. Cohen: Again, this is an improper delegation of
legislative authority. What you're talking about just
proves it. It's too bad the City is going to have to go
back and do it right and notice the people as to what
upzoning is being sought.
Mayor Ferre: No, no.
gl 113 January 10, 1985
Mr. Dawkins: I have no problems in the world with that in
that as I'm a layman; I am not a zoning expert. I am not a
land expert. I sit here and I listen daily, day in and out,
and you are correct, I'm going to make some mistakes. As we
make them, we make an effort to correct them. Where we make
the correction is when we attempt to amend.
Ms. Cohen: I've made the argument that you have no
jurisdiction.
Mayor Ferre: Fine, we understand, and that we're not
dealing with item 51, we are talking about possible
amendments, which have no reference at all to any of this.
That would be something different and in the future. Yes,
sir, sure.
Mr. James Kolisch: My name is James Kolisch. I live at
3648 Matheson. I would also like to emphasize that we had
also requested an amendment as far as regarding to the
distance. I would assume that you would consider that.
Mayor Ferre: You might have noticed, Mr. Kolisch, that
Commissioner Plummer said amendment or amendments. There
may be more than one.
Mr. Kolisch: That's all I wanted to clarify. Thank you
very much.
Mayor Ferre: Now the question is time and when do we deal
with this and all of that. It's now 6:45. Plummer has to
go to a 7:00 funeral. The question is we will be meeting
here at 8:40?
Mr. Plummer: Mr. Mayor, I would say probably 8:40, maybe a
few minutes earlier, but the rosary is 8:00.
Mayor Ferre: The rosary is at 8:00; there is no way you are
going to get here by 8:40. We will break now and we will
each of us go to our respective beauty or funeral house for
dinner and we will be back at 8:40. Does anybody have any
objections to that?
Mr. Perez% Why not tomorrow morning?
Mr. Plummer: I could do it tomorrow afternoon.
Mayor Ferre: Well, if you want to do it tomorrow afternoon,
that's all right with me. You tell me would you rather do
it tomorrow afternoon?
Ms. Cohen: I don't think that's good for my clients.
They're working people and night time.
Mayor Ferre: Well, do you want to do it in the late
afternoon?
Ms. Cohen: No, I think tonight is better for us; we're here
and ready.
Mayor Ferre: Yes, that may be, but that creates problems
for other people. Fine with me, I have no problems. I'll
come back and stay as late as possible. Commissioner Perez,
you say you'd rather do it tomorrow and you say you have a
problem in the morning? When can you meet in the afternoon?
Mr. Perez:
Plummer has
comes back.
We have a public hearing now and Commissioner
the opportunity to vote at the time that he
gl
114
January 10, 1985
Mayor Ferret My guess is you have another hour at least and
' . nrnhAh1 v tvn hn»ra of t21 kf no. nn unit want to Inapt af. rN. Aft
tomorrow?
17
Mr. Plummer: I'm willing to come back tonight.
'5
Mayor Ferree. At 5:00, that way the people that work...
Does anybody have any objections to 5:00 tomorrow?
Ms. Cohen: Yes, we're ready tonight.
Mayor Ferret I'm saying, if it goes to 5:00 tomorrow; does
"`-
anybody have any problems?
Ms. Cohen: Yes, we do, yes.
Mayor Ferret You do have problems, all right. Then we will
:... ,,:...
gather again here at 9: 00 and we will proceed then. Are
there any other issues before we break? Then I'm going to
i Y4
let everybody speak as long as they want.
Ms. Cohen: Good, fine.
Mayor Ferret How's that? So you could speak to midnight,
1:00 2:00 o'clock in the morning, have , g, your full say, have
#;
a lot of fun.
UNIDENTIFIED SPEAKER: What about people that can't come
back at 9:00 o'clock?
Mayor Ferret You just told me that you didn't want to come
back here tomorrow. You said you objected to that. Now you
object to 9:00 o'clock. Well, you know, we all want to go
to heaven, but nobody wants to die.
UNIDENTIFIED SPEAKER: Can I get ten minutes before you
break now?
Mayor Ferret No, I don't think so, we're about to break.
We have a couple of items that need to be taken up.
UNIDENTIFIED SPEAKER: I'm under the impression that at the
PAB hearing, section 15172.2.1. paragraph -a, amended the
word or between normal business hours and operating hours to
and in lieu of the or that was there. The copy that I see
from the table out here does not have that changed. I
presume that's a scrivener's error.
Mayor Ferret I will ask the City Attorney to look at that
and the administration and give us an answer.
UNIDENTIFIED SPEAKER: Thank you very much.
66. BRIEF DISCUSSION: MIAMI DADE TRADE A TOURISM
COMMISSION.
------------------------------------------------------------
Mr. Rosencrantz: Mr. Mayor, could I ask you to take up item
number 62?
Mayor Ferret All right, 62 is a request by the Miami Dade
Trade and Tourism Commission, Salman Lewis of the trade
commission, has gotten commitments from the private industry
to cover the cost of advertising. Go ahead, tell us what
item 62 is.
al 115 January 10, 1985
M
\ t
Ms. Charlotte Gallogly: We have a request from the Miami
Trade and Tourism Commission to renew their contract with
the City of Miami in an amount not to exceed $150,000. They
came before you on November 15th and you indicated to the
:...
-'..,.
staff that we needed to go back and review this item. We
y.
are recommending this item in principle only.
Mayor Ferre: As I understand there is an audit being made
and until that audit is completed, we are not putting
anything into that....
'
Ms. Gallogly: That is correct. There are some questions
about the audit findings also we need to resolve the
objectives in the budget. When those are resolved, we will
then recommend the contract to the City Manager.
Mayor Ferre: I don't think we have a Commission present, so
it's all moot. You have two members of the Commission in
the room. So that's it. See you at 9:00 o'clock.
WHEREUPON, THE CITY COMMISSION WENT INTO
A RECESS AT 6:48 P.M., RECONVENING AT
9:15 P.M., WITH ALL MEMBERS OF THE
COMMISSION FOUND TO BE PRESENT EXCEPT
MAYOR FERRE.
,_.
------------------------------------- ---------------
ez
67 DISCUSSION: NEGOTIATION PROCESS USED IN DETERMINING
"
"SEVERANCE PAY"
4ti3i
------------------------------------------------------------
Mr. Carollo: If I may ask you a legal opinion, I would like
to know, ma'am, if in the same manner that a Manager has to
get Commission approval in order to sign any contracts, pay
any monies over $4, 500, does that apply in your opinion also
the same into any negotiations of severance pay or other
benefits that were not due according to the Civil Service
rights that employees have. Specifically, I mean anything
ate,. over $4,500 that the Manager might have promised to any City
employee in severance pay or what have you, in order for
x° them to resign their services with the City of Miami.
Mrs. Dougherty: The answer is whether or not you, it's in
the nature of a settlement or if it is in the nature of
something that is due and owing.
Mr. Carollo: Due and owing are something different. If
it's due to them in sick pay or vacation time, or what have
you, you cannot interfere with that. I think that answer is
clear. What I'm referring to is any extra negotiated
settlements, such as severance pay.
Mrs. Dougherty: Vice -Mayor, do you have to have that answer
tonight?
Mr. Carollo: I would like to have it as soon as possible.
Mrs. Dougherty: Could it be tomorrow morning?
Mr. Carollo: If you could possibly research it, if you have
somebody who could research it before we're through tonight;
I think we'll be here for a couple of more hours anyway,
we'll be most grateful to you.
sl 116 January 10, 1985
Mrs. Dougherty: Are you talking about a severance pay of so
many months in addition to the regular other things?
t�
Mr. Carollo: Exactly.
Mrs. Dougherty: Thank you.
Mr. Carollo: In addition to whatever else they legitimately
have coming to them. Basically, what I'm trying to get at
is if there was a violation of the City Charter or not in a
Manager negotiating something he had no right to negotiate
without coming to the City Commission for it.
'a.-`-..
.<;
Mrs. Dougherty: Are you talking about a specific contract
right now? Can I research a specific contract now or a
specific settlement?
~
Mr. Carollo: Well, I haven't seen any specific settlements
or contracts. All that I understand is that there were
several City employees or ex -employees that were told they
would be given three months' severance pay by the Manager in
order for them to resign.
�.:
---------------------------------------- ------- -------- -----
;4~
68 PUBLIC HE►RING CONT'D: PROPOSED FIRST READING ORDINANCE
q.
AMENDING 9500 ARTICLE 15 PUBLIC INTEREST DISTRICTS NEW
SECTIONS 15170-15171 THROUGH 15173
-
------------------------ ------------------------------------
4F
Mr. Carollo: Do we have all the proponents and opponents of
'.
this project here now? Are you all here? I apologize to
�
you that the Mayor is not here. I
Y Y guess he's been tied up
attacking me, the Miami Herald, and Southeast Bank
Presidents and some other people right now. I would imagine
that's more important to him tonight than handling eity's
'a=
affairs as important as we have here tonight and this
w;$
ordinance to discuss. But I think we have a quorum here and
we will proceed. The Mayor can pick up whenever time he
gets here. Mr. Clerk, if I recollect correctly, the Chair
had ruled previously that people could have up to three
minutes and those that require more time they were going to
be given that time. Is that correct?
Mr. Ralph Ongie: Yes.
Mr. Carollo: Outside of the person or persons, I don't
recollect now how many people spoke, that have spoken
already, if I can get from the Chair the rest of the other
names and we could proceed with having some additional
people speak. Ms. Cohen has spoken. Did Mr. Traurig speak
his...?
Mr. Ongie: Mr. Traurig did speak, yes, for ten minutes.
Mr. Fine made a brief statement, and Mr. Kolisch made a
brief statement. That was the last speaker.
Mr. Carollo: If I can ask Mr. David Freedman to come up.
Mr. Freedman,,would three minutes be enough for you, sir?
Mr. David Freedman: No, but I think maybe five.
Mr. Carollo: Fine, if we can put the time for five minutes.
Mr. Freedman: David Freedman, 2331 Ti•gertail Court, let me
Just give a little background and then advance my opinion.
I was born in Coconut Grove and have lived here my entire
life. My family came here in the thirties and they were
sl 117 January 10, 1985
smart enough to build a house in Coconut Grove in the
forties. I lived for twenty some odd years within three
blocks of the area in question. I now live about four
blocks away on a little street called Tigertail Court, which
is up by Kennedy Park. I've seen everything that's happened
in this area for thirty some odd years. I think from my
vantage point, that the ordinance that's before you tonight
are vitally in the best interest of Coconut Grove. They
ought to be passed because they protect people like me who
live near this area. Basically, as we've all heard, we have
a nice, quiet, suburban neighborhood with the exception of
the commercial strip along Bayshore Drive. There are a lot
of people in Coconut Grove that hate that area. They think
it ought to be knocked down and whomever owns it should
build some single family homes. There are other people,
many people, like myself, who enjoy the revitalization of
the area by for example, having a world class hotel over
there and other development in that area, provided, however,
that we have to protect our neighborhoods at the same time.
Now what the Planning Department has done here is they've
come up with a plan that is very common sense and realistic.
The Planning Department says those buildings over there on
Bayshore Drive are there and they're probably in all
likelihood going to be there for some while, so what we have
to do is draw a line around this area and put up some
boundaries and say, O.K., you can develop where there's
development, but you don't go any further and get into the
private citizens' small neighborhoods. There are four
important things in my opinion that these ordinances do.
They are all very important. Number one, the ordinances
draw a line sort of across the street from Monty Trainers,
and they say no more high rises going down South Bayshore
Drive. There are several large estates that are left on
Bayshore Drive that are right for development into highrise
condominiums, and unless we have the restrictions that the
Planning Department proposes to put in, sooner or later,
we're going to have massive projects on South Bayshore
Drive, where our children will have to walk through some
parking lot to get down to the bay. So this set of
ordinances buffers off our neighborhoods and draws a line
and says you go no further, just across Aviation Avenue and
that's it. Then it says, the second important point is it
says Tigertail Avenue is going to be preserved as
residential. We in Coconut Grove are very frightened when
Grand Bay broke through onto Tigertail. This ordinance
induces townhouse construction on Tigertail and keeps it as
a residential buffer zone to keep the commercial area out of
our neighborhoods. The third important point about these
ordinances is the height restriction. We have no height
limit in Coconut Grove. We have a 22 story building now.
When I go outside of my house and I look up and I'm pretty
close by, I don't see that building, I see trees. This past
week, I got up on my roof and took a look and all I saw was
trees and a little bit of the bay. But we could have a 40
story building down there. What this ordinance says is
developers, you can go up to what there now, but don't go
any further. That's a common sense approach and it protects
us, the single-family home -owners. Fourthly, the ordinance
gives some inducement for parking to be provided at private
expense. Everybody knows we need parking in Coconut Grove.
When the art show comes in, we get cars parked for more than
a mile down the streets. If you can provide for more
parking without reaching into the taxpayers dollars, well,
God bless you! Please no parking on the waterside of
Bayshore Drive. '•That's a very valuable, limited resource.
The waterfront is for people, not for parking cars. I think
that's about it. I think that this set of ordinances is a
victory for the people in Coconut Grove because it
accomplishes what people have been trying to get for a long
time, a definite comprehensive plan for the area that draws
sl 118 January 10, 1985
`dte
�•t r
a boundary and says this is where you stop, you don't go any
further. The only other thing I'd like to say is if you
find that these ordinances are in the public interest and
s
you pass them, please remember two or three years down the
road when someone comes in and wants a little exception here
�•..
and there, wants to come into our neighborhoods a little bit
more, this is a comprehensive plan. It should be passed.
It should be enforced. Only in that way, when we balance
off the needs of the private home -owners as well as the
interests of those who want to develop on Bayshore Drive.
Thank you very much.
L"
Mr. Carollo: Thank you for your input, sir, and being on
time on your five minutes. The next person I have here is
Cooke Yarborough.
Ms. Cohen: Before we start the merits argument, I have a
presentation.
Mr. Carollo: Ma'am, you've spoken plenty already. When
we're done, if there is some additional time, you can
certainly have that opportunity, but I think it's unfair
that there are other people that have not had the
opportunity speak
. pp y to and you're not giving it to them.
Ma'am, please, if you give someone else the opportunity,
then you can come back and say something else at the end for
rebuttal.
s.
Ms. Cohen: My arguments were on procedure were beginning
the merits argument. Mayor Ferre indicated....
Mr. Carollo: Ma'am, you are out of order.
Ms. Cohen: Mayor Ferre indicated that he would have time
and that I would have time.
Mr. Carollo: You are out of order. I don't care what Mayor
Ferre indicated or did not indicate. I'm trying to run an
orderly meeting. At the request of what all of you have
asked here, give all of you the opportunity to speak, and
you keep coming up here trying to disrupt this meeting.
Ma'am, please, I am asking you very politely if you give the
other people the opportunity to speak and then when we're
all done you can have an opportunity again. You've already
spoken for over 15 or 20 minutes. Sir, there is a mike over
there. If the lady would not care to move from there, you
can use that one over there.
Ms. Cohen: We are going to be arguing the merits. I am
beginning the initial....
Mr. Carollo: Mr. Clerk, can you turn that off? Thank you
sir. Sir, how much time will you need?
Mr. Yarborough: Ten minutes.
Mr. Carollo: Can you put the clock for ten minutes, please?
Thank you.
Mr. Yarborough: I can't guarantee that I'll finish in ten
minutes but I'll try. Mr. Vice -Mayor, members of the
Commission, my name is Stephen Cooke Yarborough; I live at
35 Crystal Court in the north Grove. I came here originally
this evening to plead myself and my neighbors to try and
save the ambiente of Coconut Grove and the City of Miami.
As of this moment, I frankly feel there isn't anything to
say. After returning from the first half of this meeting, I
found my house had been broken into while I was here.
Mr. Carollo: I'm sorry to hear that, sir.
sl 119
January 10, 1985
16 4
Mr. Yarborough: Thousands of dollars worth of my life -time
treasures, my grandfather's treasures from Persia a hundred
years ago have gone while I'm here trying to keep this City
nice. What am I fighting for? Mr. City Manager, I called
911 twice. It took 55 minutes for anybody to come to my
house= and the fellow who came to my house said, "Gee, sir,
I only got the patch ten minutes ago." What sort of
response is that? Why are we talking about saving Coconut
Grove as a nice place to live in? When you go out to do
your civic duty and you're robbed of everything you had.
Mr. Carollo: Sir, I'm very sorry to hear that happened. I
assure that I'm asking the Manager right now in your
presence if he could make sure that he directs a commanding
officer here to get that case number and make sure that
anything that the Miami Police Department in the City of
Miami can do to solve that case would be done. I apologize
to you on behalf of the City of Miami.
Mr. Yarborough: Well, I have spent so much time preparing
this paper, because I'm a civil engineer. I've prepared
this paper and I wouldn't have come because my wife is
upset, but except I think it's important you should hear
what I have to say. I'm sorry, I'm sort of emotional, but
I'll try and give my presentation the best way I can. Since
1939 I've earned my living as a civil engineer. I've been
project manager or consultant for the study or design of a
wide variety of projects in many parts of the world,
including highways, airports, ports, new towns, urban
planning, traffic, and parking. Six years ago my wife and I
selected Coconut Grove as our place of retirement because of
its quiet residential ambience, the bay, its mixed age
population, and other features that made it unique. Already
much has changed from what made the area so attractive and
efforts are continually on the way to destroy or alter what
is left. I, as most of our area residents, feel that the
proposed zoning changes are not needed and are not in the
public interest and would produce adverse effects on the
north Grove. Neither are the members of the City
Commission, nor most of the public in general, have the
technical background, the time, or ready access of the facts
and documents that must be studied and understood, nor to
make an independent appraisal of the zoning matters brought
before you. Reliance must therefore be placed on the
presentations given by our department of Planning and of
those of applicants who would benefit from zoning actions.
Unfortunately, these presentations frequently contain
misleading or incomplete information intended to sway the
decision in a specific direction. In the case now under
consideration, I wish to raise two such issues that I have
spent considerable time researching. I would like to
distribute to the members of the Commission. It has been
said by the Planning Department that it is not recommending
increasing the intensity of the development, and recommends
retaining the RO-3/6 zoning. In view of the adverse aspects
of higher intensity, especially as detailed in the DRI
report on the Terremark Project, page 61, this is admirable
and in the public interest, but by the time the RO-3/6
district has been extended to replace some RG-2/5 and after
bonuses are given for residential screening along Tigertail
and for parking, the RO-3/6 isn't really there anymore. The
case in point. If the Terremark Project were constructed to
the existing zoning, the Planning Department states that
144,000 gross square feet of office space can be
constructed. However, under the proposed revised zoning and
with all the bonuses proposed, the project now contains
341,200 gross square feet of office and commercial. This is
an increase of 136%. What are we holding the RO-3/6. It's
136% increase. Note, that in addition to this square
sl 120 January 10, 1985
footage there are those parking structures to further
increase actual, if not counted, intensity. My next item is
parking. It has been said at previous meetings by both Mr.
Luft and Mr. Bermello Bermello said it this evening; I
don't think he did- that an additional 850 parking spaces
are needed to serve public activities on the bay side of
South Bayshore Drive. It is not said that this figure was
determined in the study of the Dinner Key Master Plan, which
also states on page 23 that 181 other spaces can be provided
by restriping and modification of existing surface lots. So
the deficiency appears to be 669, not 850. If you would
look at the table -A that I have just given you, it will show
you how that is broken down. It shows on the top line what
is presently available in the various areas: Dinner Key
Marina, Exhibition Center, City Hall, Monty Trainers, and an
area named "other" in the report; it isn't specific where
that is. The next line down says what can be added by
improvement. You add those two together and that gives the
total potential of what's there now. The next line gives
the projected demand as given in the Dinner Key Master Plan
Study. The bottom line gives you the surplus or deficiency,
a plus means a surplus and a minus means a deficiency. The
Master Plan Study proposed to take care of the deficiency
with a 650 space parking structure, the input to which is
shown in table-B. This shows you that from area 3, which is
the next one to the south, 165 spaces will be required in
this parking structure. It tells Monty Trainer's Gym and
Grove Key Merrill Stephens will need from 431 to 190.
That's a big spread. That is determined on whether Monty -
if you'll look further up- whether Monty Trainer's goes into
high expansion or medium expansion. It also shows that in
that parking structure we are talking about the 650 parking
spaces, there would be a surplus of either 54 or 295.
Mr. Carollo: Sir, you have a minute left, so if you could
quickly finish up, please. I apologize, but we have to
stick by that rule.
Mr. Yarborough: I thought Mayor Ferre said we could speak
as long as we wanted. Perhaps what you would like, sir, if
you are not allowing me to complete this presentation, which
cannot be done in one minute, I will put this in writing, I
would submit it to the Commission, and hope that the
Commission will have the courtesy of reading it and studying
it before second reading.
Mr. Carollo: I'm sure all members of the Commission would,
sir. I appreciate your courtesy.
Mr. Yarborough: In one minute I wouldn't even have time to
give my conclusions.
Mr. Carollo: I apologize, sir, but there are so many people
here.
Mr. Yarborough: How many of them have actually done a
technical analysis?
Mr. Dawkins: Do you have typing, or if you want, sir, you
can take that to my office, because it's going to be quite a
burden on you.
Mr. Yarborough: A burden on my wife. She's my typist and
she is so upset at the moment, she wouldn't be able to do
it.
Mr. Dawkins: Take it to my office and I'll have someone
there type it and run it off if that will help you any, sir.
Mr. Yarborough: Thank you, Commissioner.
121 January 10, 1985
a � a
{
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD.
k
Mr. Carollo: Sir, in all frankness, we agreed that we would
have ten minutes. We're going to be dealing with this all
} _ night. I apologize. We'll never leave here. We've been
here since very early this morning. Most of us got the
first real break just a little while ago.
Mr. Yarborough: I've been working on this since 8:30 this
morning and every day this week.
Mr. Carollo: I can understand that, sir, but I apologize.
Mr. Yarborough: Mr. Vice -Mayor, I think the best thing is I
do what I say. Commissioner Dawkins has offered to have it
typed up for me.
Mr. Carollo: I would appreciate that,
sir.
Mr. Yarborough: All I can ask is that you read
it.
Perhaps, may I take two minutes
more to read
the
conclusions?
Mr. Carollo: Sir, the ten minutes is
what the Code states.
The Mayor started saying three. I'm
going by the Code,
by
.°_,.
the official law of the City of Miami.
So, I appreciate
it,
w:w
sir. Thank you very much.
«"
Mr. Yarborough: Thank you, gentlemen.
Mr. Carollo. The next person I have
in this list is
Dan
Cavanaugh, Mr. Cavanaugh. All right,
air, I'll put you
at
=7
the end here then. The next person
that I have is Loys
Charbonnet. I'm sorry if I pronounce it wrong.
Mr. Loys Charbonnet III: Mr. Vice Mayor, Directors and
staff, members of the City and guests, my name is Loys
Charbonnet and my company is Charbonnet Investments. I've
been active in office building development in Miami for over
15 years. Our offices are located at 3326 Mary Street in
the Grove. I reside at 3901 Braganza Avenue; also in the
Grove. We presently own property on Darwin Street in the
Grove and we're working with the Kolisch family in having an
agreement with them on approximately one and a quarter acres
of land on S.W. 27th Avenue, which aligns with the proposed
SPI-17 district, as shown on the overhead projector. I'm
confident that most of you gentlemen know where the property
is located and if you've got any questions, I'd be happy to
answer them regarding that matter.
Mr-Loys Charbonnet III: ...that most of you gentlemen know
where the property is located and if you have got any
questions I would be happy to answer them regarding that
matter. I have attended essentially all of the public
meetings regarding this ordinance as well as the townhall
formal meetings covering the proposed improvements to the
entire Dinner Key area. I am pleased that the City is
taking positive steps to solve existing and future parking
problems expensed daily throughout Coconut Grove. The first
issue I had planned to discuss tonight was the criteria
establishing one hundred spaces for qualification under the
SPI-17 plan, because we feel it discriminates against the
small and medium size development. Since the Commission has
indicated their willingness to refer amendments to the
Planning Advisory Board, if the proposed ordinance passes, I
will limit my address to only one issue which will allow
sl 122 January 10, 1985
other properties such ours to participate, providing the
desired parking and locations better suited for public
benefit. Please note on the over head projection that five
of the six designated redevelopment parcel Within the
proposed SPI-17 district are located at the northeast end of
the area, well removed from the Coconut Grove business
district, which has a severe parking problem seven days a
week as well. The Kolisch property is unique in that it is
located almost equally distant between the Dinner Key area
and the SPI-2 area of the business district. In fact it
lies adjacent to the pedestrian access planned by the City
linking the Grove downtown area to the Dinner Rey. As the
slide demonstrates, the Kolisch property on 27th Avenue is
just shy of the proposed six hundred foot radius from Dinner
Key Convention Center as indicated by the shorter red arrow.
Yet as we all know this parcel, the Kolisch parcel has for
years been regularly chosen by the public as a parking area
for major events at the convention center, Peacock Park and
the business district. I also wish to call to your
attention to the fact that if the business district is
considered a major public activity, our entire parcel lies
within the current six hundred foot criteria as indicated by
the red line. Therefore, gentlemen, we strongly urge the
Commission to pass the proposed ordinance for the good of
Coconut Grove and I would like to refer the last two
amendments to the Planning Board, namely. First that the
qualifying distance from the major public activity being
increased slightly by twenty-five per cent which corresponds
to the same twenty-five per cent reduction in the parking
spaces required to qualify as proposed by Mr. Fine. The
small twenty-five per cent increase in the distance, which
would only be one hundred fifty feet represents just an
x
additional one quarter block of walking distance. Secondly,
I too, urge you to consider an amendment to lower the
minimum parking space thresh hole to seventy-five spaces
above code, thereby allowing medium disk size developments
to participate in this plan and distribute the parking
benefit even more thoroughly throughout the district and
`<
closer to Dinner Key and the retail areas. Finally, with
respect to Mr. Traurig, I must object to his suggest
amendment to use pedestrian passage ways to more precisely
define the criteria. A radius is a geometrically defined
measurement far more precise than pedestrian walkways of
various width and direction. I urge you again, to support
-: -°-.
this plan and our two suggested amendment to allow more
equitable participation without discrimination to the
property such as ours and a better distribution of public
parking benefits under the SPI-17 plan. Thank you for you
attention and consideration and I would be happy to answer
any questions.
.y..,- .,.:;,, .:.....-
Mr. Carollo: Any questions from members of the Commission?
Thank you, sir. The next person that I have on the list
here is Barry Feldman. Mr. Feldman. How much time will you
r�
need, air?
Mr. Feldman: I may need more than ten minutes.
Mr. Carollo: I'm sorry, air, then minutes is the maximum
that we allow.
Mr. Feldman: If that's all you can allow me I make end up
using up the entire amount of time then.
Mr. Carollo: All -right, sir, we have the clock set already.
Mr. Feldman: I have to set up the slide projector, may be
you should call on the next person in order to save time
while I go set that up.
sl 123 January 10, 1985
l A
ti James
Mr. Carollo: All right, air. If we could get
Y ;...
Kolisch. Mr. Kolisch' how much time will you need, air.
Mr. Kolisch: One minute.
Mr. Carollo: One minute. Thank you; air.
Mr. James Kolisch: My name is James Kolisch. I live at
3646 Mathison and basically what I'm describing is I'm one
of the owners of the property that Mr. Charbonnet just
described and the only other thing I would like to point out
again is that our property has been chosen as a parking area
in the past and I find it a little strange that now we are
turning around and changing and altering the proposal on the
SPI-17 so that possibly where the public has used our
property before; now we are turning around saying that may
be it would not be to the public's benefit to use this area.
I think it's a little strange in my opinion and it's one
closer undeveloped properties to the Dinner Key auditorium
and that's the reason why the property has been used in the
past. Thank you very much.
Mr. Carollo: Thank you very much, sir. The next person
that we have listed is Mary Ann Andrews. Mrs. Andrews, how
much time will you need Ma'am?
Mrs. Andrews: Pardon me?
Mr. Carollo: How much time do you need?
Mrs. Andrews: Just a minute.
' S
Mr. Carollo: A minute.
r Mrs. Mary Ann Andrews: My name is Mary Ann Andrews and I
live at 1600 South Bayshore lane in Coconut, Grove. I have
:- lived here for many years. Twelve years I have owned
property here in the area close to Aviation and Bayshore
Drive. My profession is, I'm a realtor with Premium
Properties and I'm very aware of what's been happening with
ro real estate development in the area. I come here and I ask
f the City Commission ---Mr. Dawkins, I know you have been
concerned about the parking here, because you asked that
n54 question and I know you are going to listen to what Mr.
, Charbonnet has to say. I ask that all of the members of the
Commission seriously consider his expertise in this. I
would like to have you have a feeling of negotiation and
concern for the citizens in this particular issue. I want
iY=J you to please consider that perhaps you have tried your best
to work an ordinance that will benefit the public, except
that the only fearful thing is that you keep feeling that
you need so much parking. I really need to stress the fact
T; that the parking cannot help us all that much and we also...
we don't need to have that much more office space right now
y,. 9 in Coconut Grove. We have Grand Bay Plaza which I don't
4think there has been but a few percentage of the square
footage there has been leased. We do have a glut of office
space in Coconut Grove. The property originally Was zoned
residential office. Ok. So, let's say mixed use zoning.
nrr This looks like a very out of proportionate delegation of
,z! office space compared to residential. A great portion of it
is take up with the parking garage. The only thing I would
like to say in conclusion is ---I believe I speak for the
citizens as well as for the business community in this fair
city of Coconut Grove. I know you live here Mr. Carollo and
I don't think you ever really have to walk or jog or bicycle
in the area, because you probably drive you car from your
home to wherever.
sl
124
January 10, 1985
Mr. Carollo: I used to enjoy jogging a lot. Hopefully, I
could jog a lot more in the near future.
Mrs. Andrews: Have you been jogging in the area? Well,
p good, because you won't be able to jog on Aviation Avenue
unless some serious consideration is made for this... that
will become a major parking traffic snafu. Please consider
that the zoning right now and I may be wrong in this, but I
believe it allows for one hundred ninety-two thousand square
feet. For heaven's sake, we just turned down that much at
Commodore Bay and now we want to triple it at Aviation and
Bayshore. So, please consider this hundred ninety-two
thousand, perhaps there is a way we can work with that, but
three hundred forty-one thousand that not a healthy group.
Remember what cancer is. It's an unhealthy growth. So,
please consider this before you make your decision tonight.
a
Mr. Carollo: Thank you, Ma'am. If I can... Charlotte
Duvall. Ma'am.
Ms. Charlotte Duvall: My name is Charlotte Duvall. I live
at 1900 Secoffee Street and for the record I would like to
say that I have lived in Coconut Grove for more than thirty
years and I have been before this Commission many times and
tonight I have experienced the greatest hostility and
rudeness from a vice -Mayor than I have ever heard from any
Commissioner when I have been here before.
Mr. Carollo: Ma'am, I'm sorry you feel that way. I have
tried to give everybody equal opportunity. That's your
opinion and again, I'm sorry that you have been offended,
but I certainlytry to be as polite as I can and give
everybody the opportunity that they require to speak, but
you know we are humans. We are tired. We have been here
all day. We are not a machine. You know; we break down and
get sick too.
_.; =..
Ms. Duvall: Is this coming out of my time?
`
Mr. Carollo: No, Ma'am. In fact you give her thirty more
seconds so that she could feel she hasn't been cheated out
of thirty seconds.
' ,
Ms. Duvall: All right, I would like to ask a
g , question.
This parking that these people are going to provide, I would
�7zs z
like to ask will the City tax them on this parking? Or Will
f
they be tax exempted for the apace that they are allotting
to the City?
Mr. Carollo: Ok. Are the people from the Planning
Department taking down these questions?
Mr. Plummer: Ms. Duvall, I will give you my opinion. The
answer is "yes" it would be taxable, but I think only the
tax assessor could answer that. Taxes are usually governed
-
on square footage and value of land and I would say that
-
that would be the case. The City is not operating in the
private sector. I'm giving you my opinion.
Ms. Duvall: Well, I mean, it just seems to me that this is
going to mean a great deal of money to someone. I mean, if
the City is going to tax this extra ratio that they are
going to have, well, then may be we will get a little bit
more tax money. On the hand it seems to me that they are
quite within their rights to go before the tax assessor and
say since I am providing tax free parking to the City at
their request, then therefore I should be tax exempted for
my additional ratio. And I would certainly hate to think
that we are giving away, not only our tax money, but our
ratio.
sl 125 January 10, 1985
m
rv�a;:<.
4w
i
Mr. Luft: Commissioner, the properties are valued on an
income generating g potential. The tax assessor has
commercial formula that he uses based upon the number of
leasable square feet in the project that he has to calculate
how such income that property can produce over a certain
-
span of years and then that factor is into an evaluation of
the property upon which it is assessed. The parking that's
being provided is not a factor in whether it's taxable or
not taxable. It's not.... there is no such thing as tax
exempted parking. Everything is taken as a total. The
entire project and the income that it can produce. So, you
could say that distributed over the whole property, yes,
it's all paying taxes. It is based on a formula. There is
no taxed street parking.
Ms. Duvall: Well, as you have told me that they are not
going to have parking meters, but they are going to be
allowed to park there for the same price as parking meters
and in other areas of the City. Now, they are going to have
to provide lighting at night and various other things I
would think. I would think there are going to be great tax
advantages. Are they going to be able to depreciate this as
well as give it as a gift to the City?
Mr. Luft: All structures are depreciable under the tax
laws. The fact of the matter is parking garages per se
generally lose money. Most developers charge higher rents
for their commercial space to pay for the parking garage.
You cannot pay for generally a parking garage through the
rents you get by charging the people who park there and
that's the problem with Dinner Rey. If the public was, had
,Y the burden of building all the parking garages in Dinner
-Ys Key, the chances are, I'm not saying that it's a certainty,
but the likelihood is is that those parking garages would do
:. well to break even and would likely lose money. Now, in
that sense we are asking the developer to carrying that
burden for us and in fact we are relieving the public of the
possibility that we are going to end up with white
elephants, parking garages that are needed during crunch
periods, but averaged out over a long period of time, they
are losers. You can only build parking that makes money in
L the core Downtown if you have a Southeast Bank Building
R sitting next to it. Else where. That's why the parking
hjr Authority has built very few garages around the city. Even
f r
i in Downtown Coconut Grove it's very difficult to make a
garage work and have it pay for itself. So, the thing to
+' <? keep in mind here is that in likelihood is these developers
*1 are going to charge their tenants of these buildings extra
rent to pay for these garage. They will be paying for the
Jr,tgarage that you are using and because we are saying they
cannot charge more than the Off -Street Parking Authority
u normally charges for on street or meter parking, we are
capping that rate to make sure that the developer doesn't
try to gouge the users of that garage to pay for it. In
fact it's a subsidy to you the users of Dinner Key.
( Ms. Duvall: Well, I just wanted to be sure. It seems to me
W3,rxsa that the Commission is leaning very strongly towards this
®;g that they are not going to get exempted from their paying
�their taxes on this city parking.
Mr. Carollo: Ma'am, thank you, for your input and I
personally apologize to you if you were offended by the way
that I have tried to conduct this meeting. Thelma
Altshuler. How much time would you need Ma'am.
Ms. Thelma Altshuler: I would say five minutes, three,
four. I don't know.
sl 126 January 10, 1985
Mr. Carollo: Five minutes, thank you.
Ms. Thelma Altshuler: My name is Thelma Altshuler. I live
at 3100 Jefferson and I'm in a very peculiar position now,
because when I first heard about this plan I was absolutely
delighted. I thought at last I will be on the other side of
the room and I can smile at everybody and may be be a member
of the developers and the establishment for a change. I
wanted to like it. I thought gee this is great. I won't be
the underdog anymore. I listened to presentations. I read
the development plan I thought that there were many good
things about it. I still think there are many good things
about it, but some of the misgivings that I have are based
on a feeling of inevitability, as if something is coming out
of the sky and saying this is what land has to be worth.
Economic is the only thing that matters. There is nothing
that people can do about it. It is as if Bayshore Drive has
to look a certain way and has to have a certain size
building and then Tigertail has to have it. So, I would
hope that the Commission would recognize that something
besides economics can be considered, naive, though that may
sound. I want to quote J. R. The other day they asked how
did you do it J. R. and he said once you get rid of
integrity it's easy. See... But I just want to remind you
that the quality of life is important. We are concerned
about the carbon monoxide... that there will be. Not only
from cars that are driving by, but from cars that are
standing there and may be waiting to go into drive-in
windows. I have also begin to notice erosion of this plan
even before it's passed because we have heard about now it's
not going to have to be within six hundred feet. Now, it's
not going to have to be a hundred. So, I'm looking forward
to a few years from now when they will say, may be I'm even
closer than that or my building is up against something else
which is pretty high. Ok. The next thing I'm concerned
about is the class "C" permit. It looks as if it's going to
be development by mystery and stealth because people are
really not going to be notified. We are nervous enough when
we get those little envelopes with the City of Miami in the
left hand corner and we open them and say, please God
nothing in my neighborhood. Now, it looks as though we are
not even going to be told about that in advance. I think
that there has been a pretense that the FAR is staying the
same. I think it is not staying the same. You have heard
the numbers before. There is no sense in... well, I guess I
can repeat them. A hundred forty-four thousand square feet,
ok, to do three hundred twenty thousand. That is an
enormous change. I also, would like to add and this is my
next and last point, that I am rather tired of the sarcasm
about how we neighbors want to go back to little bungalow on
Bayshore Drive. That's not true, just take a look at
Bayshore Drive the way it is now. It's not bad. It's
pretty and I'm not opposed to buildings and cars. I'm
opposed to too much. I think that the size of the bonus is
far greater and I think that it's time that we got together
and did a little negotiation. Thank you.
Mr. Carollo: Thank you, for your time and comments Ma'am.
Mr. Calvin Jefferies. Mr. Jefferies.
Mr. Calvin H. Jefferies: My name is Calvin H. Jefferies.
It's spelled with three "e's" The name goes back to 1066,
William the conquer if that buys anything. Anyway I live at
3055•••
Mr. Carollo: That's good history, very good history air.
Mr. Jefferies: A good lesson in history. I have been
around a while. Anyway I live at 3055 Kirk Street. The
northeast corner of Kirk Street and Trapp Avenue. I have
sl
127
January 10, 1985
4 4
lived there twenty years. As I told one of the meetings
before, I came here in 39, I liked what I saw. This month
twenty years ago I moved to the corner of Kirk Street and
Trapp Avenue. I'm going to stay here. You people ain't
going to force me out. And what I'm against is this. Our
photogenic Mayor in the paper the other day says Dinner Key
needs parking. Fine, or everybody is going to move out of
the Dinner Key City Hall here. The employees won't be here
then to use these parking spots out here. So, why can't we
utilize this parking space out here. Why do we have to
build office buildings and everybody has forgot the OR and
the RO. Why do we have to build office buildings over there
and give them a fifty per cent bonus or a point five bonus
for building additional parking over there which the public
will have no control over and all of the sudden where are
all these people going to come that are going to occupy this
thousand and fifty-two parking spaces. Plus, the other
afternoon I timed myself. I went to 27th on Bayshore Drive,
27th Avenue at ten minutes of 5. Ok. I hit a red light. I
waited for the light to change, I hit my watch, I got a good
one, it keeps good time. It took me twenty-two minutes to
go from Bayshore Drive and 27th Avenue to the five points in
the Grove. Now, if you are telling me that this is good
movement of traffic. This is good traffic engineering. I
say that's bologna and I say you are going to multiply the
problem on Kirk Street and Trapp Avenue where I live. You
are going to do the same thing for Mrs. Altshuler. This is
going to be a speed trap. It's going to be. People are
going to like they come down Tigertail, like going out of
style. They don't worry about us local residents. So, I'm
saying I'm against this SPI-17 thing. I say keep the zoning
as it is and ok, if you want to put your eighteen story or
two hundred fifty foot limit, swell, fine, that's great, but
let's keep Coconut Grove zoning the way it is for people,
not for additional office employers who are going to clutter
up the traffic in the morning and in the evening. Thank
you, so much.
Mr. Carollo: Thank you for your comments, sir and keeping
it within ten minutes. Joseph Calay.
(BACKGROUND COMMENTS INAUDIBLE)
Mr. Carollo: All right, sir. The next person in line is
James G. McMaster.
Mr. Jim McMaster: My name is Jim McMaster. I live at 2940
Southwest 30th Court and I would like to second what Mrs.
Altshuler said. I think she said it very well. Yes, why
are we fixing something that isn't broken? I think you
gentlemen can walk outside right now and look across the
street and Bayshore Drive is developing beautifully. I
don't... It's like the telephone company. I mean, start
tampering with it and it may end up broken. You know, we
all work and it's difficult to come to all these meetings.
Well, Jack had two meetings. One in Thelma Altahuler's
living room and one over in Peacock Park to discuss this
study and both times if I'm correct, he told us that there
were mandatory townhouses along Tigertail. And like Mrs.
Altshuler, you know, none of us like change, but you know,
Jack's plan had some good things to it. The mandatory
townhouses were what, you know, I thought was absolutely
necessary and I was just over there a few minutes ago
talking to him and you know, all of the sudden when the SPI-
17 pops up there are no mandatory townhouses. And we all
live in a free country and if none of these developers
choose to build townshouses on Tigertail within five years
we will have string of parking garages and large highrises
facing Tigertail and all you gentlemen know that within a
few years there will be slides going up of homes on the
sl 128 January 10, 1985
04
other aide of Tigertail and they will be asking for office
toning on that side of the street. This plan does nothing
to protect the neighborhood on this side of Tigertail and
Jack tells we that there is no way you can force someone
Into building townhouses. Well, if you can force them into
building townhouses along Tigertail, then don't move the RG=-
2/5 line closer to Tigertail, leave it where it is. And I
guess Jack want to say something and then I have a little
more to say. The... also, as the Peacock Park meeting Mr.
Altshuler asked if this sort of bonus parking plan had been
used any where else in the United States and I asked Jack to
look into it and has it been used any where else and you
know, was it successful. And if you come to all these
meetings, the code word seems to be mixed use. The proposed
Commodore Bay Plan, Grove Arcade, you know, the catch word
is mixed use. There is no mixed use here. It's another
Brickell Avenue office corridor and the class "C", we will
never know about it. The bull dozer will be in there and it
will be going up when we go downtown and ask. You have two
weeks to protest a class "C" permit. Well, that's just fine
if we sit down there all the time seeing what class "C's"
are coming in, but they don't tell you. There is no
notification whatsoever and you know, one person down there
will make the decision and that's that and you know, his
decision may not meet my criteria or any of yours. I think
the class "C" has to be looked into before you can use it on
a scale like this. I don't know whether it was meant for a
scale like this or a small townshouse development or what,
but it's just not workable and I think... I agree with Mayor
Ferre's vision of a world class city. I had a choice of you
know, moving here or not moving here and I just think that
we can't compete with New York or Chicago, you know, with
..
large highrises. We have to have a quality of life here to
compete in the new hightech world that we are all living in
y.°.
and I think we need to protect the quality of life in Miami
;.
to draw large corporations here. We don't need another
-
Manhattan. We can't compete with them. Thank you.
Mr. Carollo: Thank you, sir. Joanne. Jack do you want
to...
Mr. Luft: I thought he was asking me a question, but he
wasn't.
Mr. Carollo: Do you need to respond to anything he said,
Jack?
Mr. McMaster: Yes. Jim McMaster, I would like to know---
t:_:.;..,
this was a month or more ago Mr. Altshuler asked in Peacock
tt,
Park, has the bonus ever been used any where else in the
s'
country and if so, was it successful and also about the
mandatory townhouses on Tigertail, because with no mandatory
.��
r_ :•ryeh:;:;!
townhouses this plans fails to protect anyone other than the
builders.
Mr. Carollo: Jack, do you need a response to it.
Mr. Luft: Well, I think we have to understand the term
mandatory when we talk about the townhouses. If Mr.
McMaster had a vacant single family lot, it's mandatory that
if he builds, he must build a single family home. He cannot
build a factory there, but we cannot make him build if he
doesn't want to build and I think what Mr. McMaster was
thinking when we said mandatory is that we have the right to
tell anyone that they must build something even if they
don't want to build it. That's not the case. We legally
can't do that. What the law says and what this ordinance
says is that they must setback one hundred feet from
Tigertail and they must either landscape it and keep it
open, in a sense, in essence vacant. No, parking garages.
sl 129 January 10, 1985
Or if they build anything, then they must build townhouses.
That's the mandatory clause that we use and that's the only
. way that we can do it and I wanted that understood.
Mr. McMaster: I'm Just curious. What is the average
., setback now for the NO-3/6?
tt_ Mr. Luft: Twenty feet.
Mr. McMaster: No, I mean, the RO-3/6 goes up the hill to a
certain point and then the RG-2/5 starts. What's the... if
you Just built an office building right now and skip the
townhouse how close would you be to Tigertail on an average?
Mr. Luft: You could start at twenty feet and then fit
within a light plane. You have to go up...
Mr. McMaster: No, what I mean is the RG-2/5 apartments, the
zoning along Tigertail stretches back from Tigertail more
than a hundred feet. Now, I mean, if they wanted to just
put up an office building now it would have to be more than
a hundred feet back. That's what I'm complaining about.
And also, the bonus, was that used any where else?
Mr. Luft: Yes, it was used... in fact we used it in the
design center in City of Miami, but the point to understand
here and this is one thing that's been conveniently
forgotten in the debate, is that there has been two zoning
._: changes on Tigertail with the RO line back to Tigertail
already. Now, Mr. McMaster can not worry about that and he
INK..; can assume that that's all the zoning changes that will ever
k occur. But you recall the debate when we had Mrs. Wallace
with Mr. Sokolsky here. It was our contention and it still
is that once those zoning lines were moved to Tigertail,
that's as good as moving all of the zoning lines to
�s Tigertail. There is no way to believe legally or
politically that we can say only those two properties can
have it and no one else. So, through those changes, we have
in effect already zoned the RO-3/6 to Tigertail. And if we
«� were to do nothing else, just inevitably let it come piece
�4 }� by piece, then we would have no protection and I'm saying
that we are in effect beating them to the punch with this.
;r We are saying if it's going to go to Tigertail fine, but we
are going to write in a protective clause here, not trusting
_ to negotiation and the good intentions of developers to give
us something back. We are saying up front now, we want the
buffer. We want the setback. We want the townhouses. We
want the height limit.
Mr. McMaster: But there must be someway to word it to make
it manadory. You know, if you want to put up a huge office
building there must be someway to link it up to mandatory
townhouses. You are making parking, mandatory height
limits. You can make mandatory townhouses. It's just a
matter of wording.
Mr. Luft: You cannot make them build parking unless they
build something and once they build something, then you can
make them build it. That's my point.
Mr. McMaster: Well, I will leave it with the Commission. I
don't think we should banter back and forth, but yes, there
must be someway that if you can make mandatory everything
else with this SPI-179 you can make mandatory townhouses.
Mr. Luft: We can make manatory bathrooms, because it's a
health code and we make parking because you have to have
parking, but those are ancillary services. Ok. Once you
build your primary use there are all kinds of support things
that you can require once that primary use comes in, but if
al 130 January 10, 1985
Oft
they don't build the primary use nothing else happens and
all we are saying is back on Tigertail, you can do nothing
there. You can either landscape it and live it empty or if
you want to build, then you must mandatory townhouses.
Mr. McMaster: So, we end up with what we have where they
rezoned all the way back on those two other places pretty
much. You end up with office buildings and parking lots
backing onto Tigertail. Thank you.
Mr. Luft: Well, you end up with townhouses on Tigertail.
Mayor Ferre: Well, what we have now is 14.5 minutes for
proponents, 23.5 minutes opponents. Mr. Traurig took 10
minutes, Mrs. has taken 21.5 minutes. The next speaker is
Joanne Holzhouser. Joanne.
Ms. Joanne Holzhouser: Joanne Holzhouser, 4230 Ingraham
Highway, Coconut Grove. I would like to set the record
straight on several things that have been brought up tonight
one way or the other. On two remarks by Mr. ---I'm not sure
I have his name correctly ---Mr. Friedman, I believe it was
who said "we in Coconut Grove are very disturbed about Grand
Bay." This puts us back in the category that Ms. Altshuler
referred to complaining about change. Perhaps Mr. Friedman
isn't aware of this, but when I was president of the Civic
Club in a previous time, I was one of the foremost
supporters of that. I was one of the people who worked very
hard to get it here. I'm very pride of it. Mr. Wise and
Mr. Lefton have been kind enough to refer to me as the
godmother of the hotel and I have taken so praise for it. I
have also taken so licks for it because it's here, but I
` think by and large the people of Coconut Grove weren't
'= disturbed about it. They were very pleased that the
negotiations by which we arrived at that building and I
still think it's something we can be proud of. He remarked
E,*
that everybody knows about parking. Well, may I tell you,
if we could do a lottery in the City of Miami right now, I
think we could really sell chances on who, when and how we
are going to find out what it really is at Dinner Key that
needs all this parking. I think that is probably the
5 mystery of 84 and 85 and it may even be 86. I don't know.
The problem of R/0 as was pointed out on December 20th I
,..
-- believe it was when you all in your infinite wisdom allow a
change on Aviation Avenue in which the attorney argued
,r successfully for a change to allow his client to build
,.... office. There was no proffer whatsoever of residential
>„,...: office. He was perfectly straight forward about it. He
wanted office and that's what he got. So, I'm very
�. suspicious of anything anymore when we start banding around
R/0. It means whatever the developer and the developers
'ss attorney thanks it means. It seems to have no real meaning
to the residents in the area. The Dinner Key plan has not
yet been adopted. Although, people are continually
referring to it as if it is a faeta compleat It has yet to
'r be adopted. That's it. So, it's incorrect for people to
v frU keep saying the Dinner Key Plan as if it is frozen. The
height is not unlimited now. The height is limited by
;} various other constraints that only an engineer can
rr.. successfully stand up here and argue. There is no point.
4�4`, I'm sure all of you know it much better than I could
'possibly say it tonight, but the height on Bayshore Drive in
effect is not unlimited. There are very real constraints on
K that. I think that one of the problems p you are going to
face with this right away is if you are discriminating
against people who have only seventy-five spaces and you are
P Y Y- P
-'; going to modify it so that they can have a chance, then the
next thing is going to be somebody who has only got sixty
spaces and after that fifty and then twenty-five and sooner
_ � "' or later you are going to get somebody up here with a little
sl 131 January 10, 1985
piece of property and they have got ten spaces. This is
ridiculous. This is no way to do it. I think that ---I
believe it was Mr. Kolisch---had a marvelous suggestion.
The parking does need to be close to the Downtown area. I'm
interested by the way, in something that came up continually
with the Dinner Key Master Plan work that we did and that is
the assumption of where cars are coming from that park at
Dinner Rey. I believe that if somebody tracked those cars
over a period of a week you would find that a number of
those cars are coming out of the center of the village. I
don't know exactly who does it, but I have been told there
has been some sort of tram service with at least someone in
the village center to park cars down here. I don't know
enough about it, but I think that the manager might want to
look into that. If it's done with the city, then certainly
the cards ought to be on the table. We should be told, hey,
somebody is tramming people back and forth to Dinner Key.
Don't beat us about the neck and ears with the need for
parking at Dinner Key because of the adjacent area when the
parking may ---I don't know that it does ---may exist
someplace else. Mr. Traurig talked about a public benefit.
I don't really know what public benefit there is to having
this particular plan go in now and to conclude my comments I
would like to state again on the record at this meeting that
we have not, the Coconut Grove Civic Club has not been
actively drumming up support again the project as was said
some, I don't know, Coconut Grove Sun reporter. I don't
know where the reporter picked that up. I have had several
very, I thought, very pleasant talks with Mr. Madina and Mr.
Kenneth and Mr. Bermello and our position has been all along
that we believe that what he has been agreeing to and
negotiating can be a very good project for the area.
Personally, I don't like to see him held up for that many
parking spaces. I would just as soon negotiate with him on
g
different basis, but I don't that Mr. Madina and Terremark
are bad guys in this situation and I have gone to resent
'
what seems to me, not deliberate, but what has turned out to
be almost a thing with the Planning Department and the thing
,:.
of it it let's you and him fight. I'm not trying to fight
with Mr. Madina about this. The Civic Club is not trying to
fight. We would like to see a very nice project go there,
a;
but we don't want to pay the price of SPI-17. We would like
to work with Mr. Madina and do it another way. Thank you
very much.
' rt
Mayor Ferre: Thank you very much. The next speaker is Mr.
Paul Collins. Mr. Collins.
r
Mr. Dawkins: Mr. Mayor, I would like to tell anyone, it's
s
not that I'm disinterested in what's happening, but I am a
i x
little disinterested in Commissioner Perez's cigar. So, I'm
standing over here under the vent.
Mayor Ferre: All right, Mr. Collins.
Mr. Paul Collins: My name is Paul Collins. I live at 2232
Lincoln Avenue. I first want to thank the City Commission
for taking the extra time to hear all these complaining
residents. I for one think the plan is an excellent idea in
many aspects. The idea of using commercial encouragement to
build parking for the City is a good idea and it was good
way to motivate these people. However, I think that we are
riding in on the coat tails of this some violations of our
zoning intent. This is to go from a hundred forty-four
thousand square feet to over three hundred thousand square
feet. It is really a violation of the intent of our zoning.
We didn't put this plan in to double the density.
Initially, Terrimark bought this property and could have
developed it under the zoning that exist today and could
have made a profit. Being a businessman, he made a business
sl 132 January 10, 1985
decision to see if he could increase his profit to increase
the Zoning and knew he would have a fight if we double
density. How, we have effectively over double density with
this scheme. Now, it would be my suggestion to send this
thing back to Planning. It is faulted as you have heard
j
earlier in many aspects. It's legally faulted. It is
ambiguous in many of its measurements and wording and we
might do well to rephrase that in such away that we would
encourage a residential building in here, give a greater
bonus for a residential building than for a office building
for the simple reason that if there is an office building
}
that has parking and it is available to the public, the use
that the public will make of it is generally in the evening.
It will be rarely that there will be a business day when
that place is full of office people that you will also need
{
a lot of parking. It is on holidays, it's on weekends and
it's on evenings that the parking is needed. So, to truly
give a man a bonus, a big bonus for parking in a office
building is not necessary we could, if you could force him
somehow to go ahead and make that public parking he wouldn't
need a bonus. We wouldn't need extra parking and we
certainly don't need three hundred thousand square feet in
an area that normally should be two hundred fifty. The
point that I don't understand is why are we rezoning. Now,
Jack says that we need to rezone that because it's already
been damaged, but if you are going to overlay this with an
SPI why can't we leave the zoning as it is. There is no
necessity for doubling this man's available space or any of
those available spaces and I would suggest sending that
thing back making it a variable amount of benefit for
,.
parking and to encourage residential type of buildings over
office buildings and to maintain the zoning as it is along
-
Tigertail. It's already zoned for residential, you don't
have to force that by using an overlay. We can enforce the
zoning laws we have today. Thank you.
Mayor Ferre: All right, sir, thank you. The next speaker
is Mr. Ronald F. Cold. Dan do you want to speak? I would
be happy to put you up next either way. I will tell you, I
q
will read the names that I have here and if you want to
a
reorganize the order it's all right with me. Norma Post
_
would be next, Dan Kavanaugh follows her and then Barry
Feldman and Michael Chenoweth and finally Joseph Calay.
`.
Now, if you want to change the speaking order it's all right
'3
with me. Go ahead Mr. Cold.
Mr. Ron Cold: My name is Ron Cold. I live at 2542 Lincoln
Avenue. I have owned the property at that address since
_
1969 and I have lived in Coconut Grove for twenty years. At
f
the beginning I would just like to say that Mr. Friedman has
A
an unobstructive view of trees when he looks out his window
}
in the morning. I have a view of trees when I look out my
window in the morning also but if the proposed amendments
go through, that view will be replaced with a skyscraper
that is half again, as big as the building that's across
from Monty's right now and I don't look forward to that
prospect and I think it's inappropriate in our neighborhood.
I would like to begin really b asking this
g y y g question of the
.E
Commission. Does an existing established functioning
neighborhood have value in the scheme of things that we are
talking about. I am opposed to the proposed amendments
*,
because of the threat they pose to the character, integrity
and stability of that those very existing North Grove
residential neighborhood adjacent to and within the area
y, e
under consideration. I would like to suggest to the
.°`
Commission that approval of measure which encourage an
increasing amount of high density development would further
diminish the quality of life in these neighborhoods by
-�'
adding considerably to the existing problems of traffic
n
noise and sewer disposal. Moreover rising property taxes
$l 133 January 10, 1965
Oft
accelerated by intensive development will continue to drive
some of our residents from these neighborhoods. I would
further submit that these are legitimate concerns in the
Sayshore Drive Development Study, especially 15- Housing
impacts, premature destruction of existing affordable
housing. I suggest further that these neighborhoods are of
value and they are worth preserving. This is a notion that
Is too often overlooked when we analyze in some whatabstract
terms the proposals before us. In addition to studying our
maps or charts, our floor area ratio, our bonuses, we should
also consider the human dimension. The existing
neighborhoods to which I refer are an interesting mix of old
young and those in between and we have a very large number
of new families, young children in these neighborhoods. I
would invite the Commissioners to walk through this
neighborhood which is not far away and see what it's like.
The addition of the children that I mentioned suggest a
commitment to the neighborhood by their parents and further
reflects continuity and stability, but the parents of these
children hope as the rest of us in the neighborhoods do,
that our community will retain its residential character.
We hope that you will join with us in our efforts to
preserve and protect these worthwhile neighborhoods. As I
conclude I would like to return to the question I asked at
the beginning. Do existing established neighborhoods have
values. And in comparison I would like to refer the
Commission to what we are doing in Park West/Overtown which
is very laudable. We are spending thousands and thousands
of dollars to try to design a proper mix of residential and
commercial development which is a very fine idea and I hope
it works and we will support you. I ask you this, is it not
worthwhile to try to preserve an existing stable
neighborhood which is functioning very well right now and
which will be threaten by some of the things contained in
these amendment. There is value to the plan and to the
extent that it controls development and keeps it within
appropriate limits. We are in support of it to the extent
that it allows intramural growth and high intensity
development, we are opposed to it and we hope you would
consider these remarks. Thank you very much.
Mayor Ferre: All right the next speaker is Norma Post. Ms.
Post. Mr. Dan Kavanaugh.
Mr. Dan Kavanaugh: Thank you. Mr. Mayor and members of the
Commission, my name is Dan Kavanaugh my resident is at 3652
Poinciana Avenue, Coconut Grove. My office is at 2964
Aviation Avenue, Coconut Grove. I wish to draw your
attention very briefly ---and my presentation is going to
take less than five minutes ---to a piece of property other
than the Terrimark Property which I know has been the main
focus of interest here tonight and that is it is a small
piece of property which I have owned for about ten years
which is located within that one hundred foot boundary
buffer zone that's been referred to and I would like to ask
you, do each of you have in front of you this proposed zone
map? Because it's necessary to refer to it in order for me
to make a point. Thank you, Jack. Ok. Right. I guess
that's the Southeast corner. I appreciate Jack's help and I
am usually very reluctant to disagree with Jack or the
Planning Department, because I think their efforts have
generally been greatly to the benefit of Coconut Grove. I
do respectfully disagree with them on this particular
occasion with respect to this piece of property I own which
Jack just pointed out to you and that is it's at the
intersection of Aviation and Tigertail. The one he is just
circling there.
Mayor Ferre: Where is Lincoln Avenue?
sl
134
January 10, 1985
?
Mr. Cavanaugh: Now, the reason 1 disagree with the Planning
=
Department's proposal with respect to including that one
....
piece of property in the one hundred foot buffer zone is
w
this. You will note that the buffer zone starts all the way
at Mary Street at the extreme west end and it continues all
along Tigertail until it comes to Aviation Avenue and then
It jumps over Aviation to take in just one piece of property
and namely, the one that I own on that corner. Here is why
I think that is not the correct thing to do in this
situation. There are three reasons. I'm going to be very
brief. I don't think it's fair. I don't think it's
realistic and I think it's going to work to the detriment of
the neighborhood and here is first the reason I don't think
it's fair, is that the other properties which are included
in the one hundred foot buffer zone on the bayshore side of
Tigertail, each get a certain benefit by virtue of having
1
part of their property included in the one hundred foot
buffer zone. In other words, they have either got a setback
from Tigertail of one hundred feet or they can use it for
townhouses. With respect to that piece which I own on the
i
corner. I think the Planning Department was operating on
the incorrect assumption that the piece I own was also
'
included in a large piece and therefore, it would also get a
similar bonus. Unfortunately, that is not correct. The
piece I own is not related to a larger piece and therefore,
it does not get any bonus as do most of the other
properties, but not all of them. Secondly, it's not
realistic to jump over Aviation and to include just this one
piece in that one hundred foot buffer zone, because I have
.:
owned the property for almost ten years and in the past five
ears I have had numerous calls from people who would like
to do something in the way of improving the property,
presently it has a sixteen unit apartment building on it.
And with all due respect to the Planning Department's view
of this I have to say in all honesty in the past five years
I have had numerous calls from people who would like to do
something in the way of improving the property. Presently,
it has a sixteen unit apartment building on it and with all
due respects to the Planning Departments view of this, I
have to say in all honesty in the past five years during
which I received dozens of calls from people who are
interested in improving the property, but nobody has
expressed an interest in doing townhouses on it. Not one
single call in five years, nor is it realistic to expect
that there will be any townhouse development in the future.
It is my opinion because of very busy intersection. It's
going to be improved with the traffic light and typically
developers who are building townhouses for families and
young couples and so on typically do not like to build at a
very busy intersection. Thirdly, the reason I don't think
that would be at all beneficial to the neighborhood and in
fact a detriment to the neighborhood, is that apartment
building has a long side to it that faces the Tigertail
p�
residential area. Frankly, the long side of that building
is not very attractive. I am prepared to say as the owner
and if this is included in that buffer zone, then I think we
are going to be stuck with that building for a long long
-$�
time into the future and I would really like to see the
,1
property improved and that I think can only be done by not
including it in the buffer zone, but rather including it in
the immediately adjacent RO-3/6, which I really think it
,
belongs to and is part of and that would permit the
Development of what I would like to think would be a very
attractive building, which would have landscaping and so on
that would separate it from Tigertail. Thank you, very
much.
Mayor Ferre. All right, Mr. Kavanau h thank
B � 8 � you. Ms.
., .
Post.
sl 135 January 10, 1985
a-
Ms. Norma Poste Norma Post, 2061 Tigertail Avenue. I wish
that I could have the trust and faith that this gentleman
over here expressed about our representatives in the City
r-,
government that this plan that's proposed will be the end
and all of Zoning here in this area. We are going to...
because it sounds very nice, but unfortunately I guess I
have lived here too long. I have lived here since 1958
through the fortunately, former Mayor Kenneth When we were
also threaten with over development in the area and now
this. So that I'm very concerned that we are setting
� y g
precedent. There are two questions I would like to have
answers to and then I have a proposal to make. Oh,
incidentally Mr. Traurig has reassured us that the density
intensity of this project will be governed by the parking
<
that is required in the area. Now, if I'm interpreting
correctly this class "C" special permit, just briefly here,
if you could probably tell me if this is correct. Relocate,
redevelop and enlarge roads and parking without public
s'
hearing. Is this the correct interpretation of this? Is
that what the class "C" special permit means that we can
enlarge the roads and the parking. The parking demand can
.,
be increased...
Mayor Ferre: Ms. Post, do you want an answer to that
question?
Ms. Post: Yes.
`-
Mayor Ferre: All right, stop the clock and would you give
her an answer Mr. Luft.
ate.;
Mr. Luft: The class "C" permit means simply that before a
building permit can be issued, the Planning Department must
'`,fi....
review and sign off on the final design plans. The site and
building plans. Today there is no such requirement and far
short of having a public hearing. There is no requirement
for a public hearing today. Neither does the developer have
to even submit his plans to the department for review. They
need only go to the Building Department and satisfy the
Building Code and build their building. We are asking that
an additional review be provided and that's what the class
"C" permit provides.
r.
Ms. Post: But he has to have a hearing to have this bonus.
Mr. Luft: Development in the City, unless y you are asking
for a variance or something that the law does not normally
4
allow. If you are asking for a special favor to be granted
or a zoning change, then you must have a hearing, but if you
meet the requirements of the law Just as if
q j you wanted to
build a single family home on your property, if you meet the
requirements of the zoning you can do that. You do not have
to come down here and ask permission to do that, you don't
have to have a public hearing and that's what the class "C"
does. It adds a review.
Ms. Post: All right, the next one ---don't go away. Now,
with this redistricting, this takes the place of the zoning.
In other words, this means again that there isn't any public
hearing. When you change the district you have in fact made
a zoning change without having to actually go before a
Zoning Board, you simply...all of this is decided, again, in
the Planning Department.
Mr. Luft: No. We are doing that today. That's what this
process is for. We are going through a three step public
a hearing process to debate and to finally decide "yes" or
"no" on the merits of the proposal that the department has
given. Normally, we would see developers coming in here if
they felt the zoning change was appropriate one lot, by lot,
$l 136 January 10, 1985
E
by lot; by lot time and again. We are taking the whole area
and saying, now in a uniform sense this Is what we propose
be the development pattern and the controls and this is the
public hearing to do that.
Ms. Post: Yes, right. light, but we are holding a public
hearing now to decide this.
Mr. Luft: Yes.
Ms. Post: And Terremark is coming up for a public hearing
also to decide, unless they have this changed.
Mr. Luft: If this zoning doesn't pass then Terrimark or any
property owner would have the right and they still would
have the right even if this does pass, but they would have
the right to come In and ask for something else. They may
decide that if the Commission doesn't like SPI-17 and if
they are not comfortable with the existing RO-3/60 they may
ask for something else. We are hopeful that by passing, if
the Commission so choose1B to do so tonight and the 24th if
they pass this plan that we have, that we will in effect
make It unnecessary or In effort give a message to other
property owners that this Is the policy that we want to
pursue. There will not be other zoning changes. You
understand me?
Mayor Ferre: All right, proceed Mrs. Post, it's now 10:30.
M3- Post: All right, well this is just what Mr. Kavanaugh
was just expressing Is just some of the things that I and
many of us are afraid of. Then when we have this set into
place where we no longer have participation at least in
expressing our opinions, bringing it before the general
public hearing, that these people will say like a domino
theory, "well, here I have this monster across from me or
next to me in why should not I be granted this and so it
goes, because this is the way we have seen it in the past
and that's why we have a fear of this". I have a proposal
because I have... I'm really getting tired and we are all
getting tired of coming to these hearings night after night
after week after year after year and it looks as if from one
way or another this looks like, you know, sort of a
totalitarian government that's going to make our decision
A;
for us whether it's the Planning Board or whatever, instead
of us being able to express our... put our input into it.
Why not have It one way or the other? If we really in
effect have no zoning which is what this amounts to in my
estimation we have no zoning here in the City of Miami.
Every zoning that is put into place, the next month some
developer could come up or the City can proposed we are
going to give them a bonus for this. We are going to
change. So, now we have to look it over again and say
"well possibly we should give a change here". We see this
over the whole City of Miami. So, in effect from my point
of view we don't have a zoning code. We have one that with
any reason that can be thought of that we are changing. If
this is going to be the situation, let us just change the
zoning for the whole Grove right now and put Coconut Grove
up for sale to the highest bidder. Let us all have the
advantage, all of us that have lived here for some many
years, let us all have the advantage. If I obtain I can't
buy the property that I have somewhere else for the price
that I can sell it for now. But if you change my zoning I
and everybody else in Coconut Grove, we too can profit by
this. The developers can have their developments and we can
have a place to go somewhere where we don't have to live in
fear and where we have,oq, may be we can establish some
zoning, because we don't have any zoning as far as I'm
concerned and this takes our right even to object to it.
sl 137 January 10, 1985
Ms. Posts Please consider I am seriously making this
proposal. I assure you that a lot of us are ready when we
get the price for our property, let's advertise throughout
:.r.
the world Coconut Grove is for sale to the highest bidder.
'
Mayor Ferre: Mr. Harry Fellman, do you want to take some
more time? Are you ready?
Mr. Barry Fellman: I would like to request that the
Commission grant the attorney for the Tigertail Association
and the Coconut Grove Civic Club an opportunity to make the
presentation which had been denied her by the Vice Mayor
°
when we immediately returned.
' Y
Mayor Ferre: How long is this presentation going to take,
"
Ms. Cohen?
Ms. Cohen: Mr. Mayor, I have a presentation on the merits
arguments.
Mayor Ferre: You said you needed a half hour. You spoke
h' -d
L t
for 27 minutes.
Ms. Cohen: That was after the procedure. I would need
*;
another half hour on the merits.
,# p,
Mayor Ferre: Fine, I'll tell you what. We'll leave you for
last and we'll see how far past midnight we are. I tell
you, Ill resist as long as you do. Mr. Fellman, do you
want to say anything?
Mr. Fellman: I guess I'm prepared to make a presentation.
Mayor Ferre: You go ahead and make your presentation.
Mr. Fellman: My name is Barry Fellman. I live at 2539 S.
Bayshore Drive. I was born in Miami and I've lived in the
Grove for ten years. I would first like to thank the
Commission for taking the time for hearing me tonight. I
know it's late. It's inconvenient for all of us. I'm going
to be showing some slides and I'd like to have the slides
entered into the record. So after they are presented, I
will walk them over to the appropriate place. Because
pictures often make things easier to understand, I'm going
! to show with what I've set up what our neighborhood really
is and the elements that contribute to its special
character. The first slide is of -I'll try to go very
quickly through these without taking too much time- shows a
house which is on Tigertail at the intersection of Darwin
Street, which you can see on the left. I present all these
slides to show the character of the neiborhood, the
foliage, -you could go to the next slide, please- This is
the house adjacent to the one we saw also directly on
Tigertail. We see front yards and we see kind of small
neighborhood characteristics. The next slide is also a
house on Tigertail. We see large trees. We see grassy
area. I'm going to turn off the light.
Mayor Ferre: Mr. Fellman, you of course can -stop the clock
for a moment- Mr. Fellman, you of course can continue to
show us the slides. J.L. Plummer was born in Key West....
Mr. Plummer: No, I was not.
138 January 10, 1985
A
Mayor Ferret Oh, I thought you were.
Mr. Plummer: Born in victoria Hospital.
Mayor Ferre: But he's lived in Coconut Grove for all of the
forty -some odd plus -and I won't say how many plus years
he's lived beyond forty. The majority of this Commission
has since Robert King days lived in Coconut Grove, including
Father Gibson in the Black Grover Commissioner Reboso and so
on. Three of us at this time live in the Grove, and so I
think we're pretty well acquainted with the residential
neighborhood characteristics of the Grove. It's nice to see
pictures of the many beautiful homes in the Grove, but I
really would appreciate it if you would keep to the main
issue, and make your point, and let's get on. Thank you.
Mr. Fellman: Would you prefer I not show the rest of the
slides?
Mayor Ferret If what they are are pictures of homes in the
Grove, I think we understand that. If you have something
else to show us, then proceed.
Mr. Fellman: How about if I let Miss Swanson show the
slides without me talking and then I can, after that's
done....
Mayor Ferret Well, do it quickly because we are now at
10:45.
Mr. Fellman: Fine. As the Mayor has pointed out all these
are slides of residences in the area affected by the SPI-17
proposed rezoning. What I hope I have shown with these
pictures is that our neighborhood, which is directly
affected by the proposed rezoning, is special and unique.
In fact, it is protected by a special public interest
overlay district. It is special because of its long-time
residents, some of whom have lived in their homes for over
thirty years. Because of the commitment new families have
made to the neighborhood by choosing to raise their young
children there, it is special because of its quiet, narrow
streets, its historic structures, its green front yards and
back yards, and especially because of the feeling of space
and open skies. It is special because of its proximity to
the water and because of the lush beauty of its tropical
landscape. I'm here tonight because I'm concerned about
keeping these special qualities, which are the character and
essence of our neighborhood. I would now like to show some
of the problems and pressures which threaten the integrity
and character of this, our neighborhood. Again, I will not
comment on these pictures as they go on one by one, but
maybe you can flip through quickly. Those last few were not
problems; those were assets. Here we are with some of the
problems. This is traffic on South Bayshore Drive. See
Monty Trainer's on the left side there. There is a Cadillac
on the right side. I stood there waiting for him. He's
trying to get on to the street there, you see there is a
steady stream of traffic if you go to the next slide, you'll
see that the guy gets very anxious like a Massachusetts
driver, kind of pulls out to the on -coming lane of traffic,
hoping someone will let him in, but during the time I was
there, no one let him in. The next slide shows traffic also
on Bayshore Drive. That was in....
Mayor Ferret Mr. Feldman, how much longer do you have in
your presentation?
Mr. Fellman: I think the slides will take about a minute
and fifteen seconds and then I have approximately two and a
half minutes worth of speech.
gl
139 ,January 10, 1985
Mayor Ferret Go ahead.
Mr. Fellman: All these slides show traffic along Bayshore
Drive. This particular slide shows an example of the type
of structure that can be built where parking is placed
underneath space that is used for other purposes. This is
the Omni; that space is used for retail and commercial.
This is parking, Plaza Venetia similar structure. This
slide I put in shows the new office building constructed on
South Bayshore Drive, the Grand Bay Plaza Hotel. You can
see from the picture that because the sun is shining
through, there's no occupancy in that building. That's the
end of the pictures. In closing, I would like to present
some important facts regarding the Bayshore Drive area and
the proposed rezoning. One, the character of our area is
special and unique. Two, traffic conditions in the area are
already severe. There is a large office building in the
area, which has a lot of capacity left for space being
filled in it. Four, the capacity of the sanitary sewer
system cannot accommodate increased building intensity
without being improved. The City staff has recommended in
the South Bayshore Drive Development Study, and I quote to
be brief only titles of sections, "land use - no change;
intensity floor area ratio - no change; transition edges -
residential along Tigertail Avenue." However, the actual
text of the proposed zoning amendments substantially changes
land use, substantially increases intensity floor area ratio
and also permits other uses than residential along
Tigertail. Because of these differences, it is easy to see
that the ordinance before you tonight does not reflect the
staff's recommendations.
Mayor Ferret Mr. Fellman, you've gone over ten minutes.
I'll give you one more minute.
Mr. Fellman: Thank you, Mr. Mayor, in fact the ordinances
have an opposite effect. The proposed rezoning will almost
triple the amount of development in the Bayshore corridor
that exist today. I hope Ms. Cohen will have the
opportunity to show a chart regarding that with figures
provided by the zoning department. The proposed rezoning
will also result in the building of excessive parking
spaces. It will also generate severe traffic problems in an
area already having poor service, and it will require the
rebuilding at great expense, of the sanitary sewer system.
These effects of the proposed rezoning will not respect or
enhance the character of our neighborhood. They will in
fact, seriously degrade our neighborhood's integrity and
character. For this reason, the ordinances before you
tonight should not be approved. We request that you retain
the existing zoning. Thank you for your time.
Mayor Ferret Thank you, sir; Mr. Michael Chenoweth and then
Mrs. Cohen.
Mr. Michael Chenoweth: Mayor Ferre, Vice Mayor Carollo,
Commissioners, my name is Michael Chenoweth. I'm the
attorney for Friends of the Everglades. I am here tonight
to present to the board an affidavit, which I would ask be
included in the record of this hearing from Friends of the
Everglades president. Friends of the Everglades is a non-
profit corporation with its headquarters in the City of
Miami at 3744 •Stewart Avenue, Coconut Grove, Miami.
Marjorie Stoneman Douglas is the president of Friends of the
Everglades. Friends of the Everglades objects to the
vagueness of the public notice for the City Commission
hearing on January 10th on the items relating to the
Bayshore and Tigertail Avenue rezoning, particularly the
notice doesn't apprise the public of the actual zoning being
gl 140 January 10, 1985
mi-q S
F
sought for the reasons specifically outlined by the
Tigertail Association in its letter to Mrs. Dougherty, dated
January 9th. As a result, the notice of each item is
`
defective. I want to thank the Commission for providing Ms.
Cohen the opportunity to present argument on the merits. I
was worried for a while that she might not have that
opportunity. But I do think it's very important that
citizens have the right to give their full input to the
Commission on their deciding an issue like this, and I very
much am pleased that the Commission has decided to do so. I
{
have a copy here for the Clerk and a copy for....
i
Mayor Ferre: Mr. Chenoweth, thank you very such. THe next
speaker will be Mr. Joseph Calay. That is the last speaker
of record here and then I will recognize Ms. Cohen.
Mr. Joseph T. Calay: Mr. Mayor, Mr. Vice Mayor,
Commissioners, as we are all growing old here together and
we review these matters on annual, semi-annual, monthly,
eighteen month rule, six month rule, emergency agendas, I'm
reminded of a story a friend of mine told me a long time
ago. The story is so old he was talking about real lawn
mowers. I was beating my head against boss and I was going
"
to get fired for being right. My friend said to me, he
said, "If you ever cut the grass, you watch, and after the
lawn mower is passed over, you'll see a blade of grass stick
up here and a blade of grass stick up there." He said,
"Those are the smart blades of grass." It starts with a "G"
for the record. What that means is that when a steam roller
is coming down a rude, move your feet, brother, or you're
going to be flat footed for a long time. I have before me g 8
copies of agenda item 48, 49, and 50. I find similarities
wsF,=
in section 29 which do confuse me because one is changing
from an RG-2/5 general residential, to an RO-3/69 and it has
+:
great words about it will not adversely affect property
values in the adjacent area, values I have identified with a
dollar sign. It will not create or excessively increase
traffic congestion or otherwise affect the public safety.
If you've ever been held up or robbed, you will know the
...:.,`
terror that occurs every time you enter that same
environment. That is also part of public safety.
Obviously, if you go from an RG-2/5 to an R03/6 you will
adversely affect traffic. Then the third item is G will not
adversely influence living conditions in the neighborhood,
and so far apparently RO-3/6 does not adversely affect
s
living conditions in the area, because there is nobody
living in the area. They are leaving at night and going
back to where they live. There are a couple of things in
particular, we are about to pass an ordinance; strong
evidence indicates we'll be passing an ordinance shortly,
which indicates the public spaces will be provided in
�f
private buildings. In that ordinance I see no
specifics. --what is says there is that no matter how many
�
times you read that ordinance, you can't find out how I'm
going to be able to tell a public space from a private space
�
in that building. That is a serious omission in the
ordinance.
Mayor Ferre: Jack, are you taking note of that?
Mr. Calay: My point is very simple. If were going to put
up a building that has 499 or 450 public access spaces, I'm
want to know how I'm going to be able to tell those 490 from
the ones being used by the occupants of the building.
Mr. Luft: The ones that don't have the cars in them.
Mr. Calay: Sir, I assure you from all of the cars I have
seen in Coconut Grove parked 17 different ways on the
streets, they don't have spaces.
gl 141 January 10, 1985
y
h
Mayor Ferret At 10:47 we want no wise cracks around here.
Mr. Luft: What's the beat I could say; I'm serious.
Mr. Calay: I'm equally serious. I see nothing in the
r
ordinance which indicates how that ordinance will be
enforced, so that the public will have access to these
spaces being provided at the expense of the residents of
Coconut Grove.
Mr. Luft: I should say, Mr. Calay, that the parking bonus
applies only for non-residential structures. They are
commercial structures. The presumption is that certainly
during the day we're going to have the majority of that
parking full, but the primary needs that we have....
Mr. Calay: Oh, no, sir, I strenuously object to that. The
amendment by the PAB and as indicated, Mr. Mayor, your staff
did provide me with the current edition of the resolution,
which clearly indicates that the additional space will be
available to the public during normal business hours, that
means each and every one of those spaces shall be available
to the general public.
Mr. Luft: The uses in Dinner Key...what we said was that
the parking is for non-residential buildings and that during
the primary times of need in Dinner Key are not usually the
primary times of use of non-residential buildings, and
therefore....
6^ ° Mr. Calay: No, sir.
Mr. Luft: The offices use primarily from 8:00 to 5:00. You
would not disagree with that. The primary needs in Dinner
n x
Key
y
Mr. Calay: Sir, you're working long past five and your car
is parked someplace also.
<<..._..:. « Mr. Luft: We're talking about large g
g g parkin structures and
r large number of spaces. All I'm trying to say is we feel we
have every reasonable assurance that because it's non-
residential, the majority of those spaces are going to be
vacant and will be available.
Mayor Ferret Jack, let Joe finish. Listen, you ride a
,c bicycle anyway, so you don't even know what a parking....
M r . Calay: The specific amendment made to this ordinance by
'} the Planning Advisory Board was to the small paragraph -a of
50172.2.1 changing the or to and; changed it from general
public during normal business or, to normal business and,
which clearly indicates that these spaces will be available
to the general public during business hours. The problem
�f that I have is that the ordinance is unclear when it says
for every non-residential parking space provided in excess
y of off-street parking requirements, the DRI for one of the
..�, major projects proposed under this ordinance will take up
anywhere between twelve and fifteen parking spaces on
= Tigertail Avenue between -excuse me, on Aviation- between
Tigertail and South Bayshore. If this ordinance is
- _5 =a continued to be used, and I'm sure it will be because it
benefits both the goals of the City of Miami and the
developers' goals; that. we will lose even more on street
,. parking spaces. I see no provision in this ordinance for
t the developers taking advantage of this, being required to
provide in that parking facility those parking spaces that
they absorb by street expansion in the area. The one item
that is most explicit, or at least is confusing to me and
gl 142 January 10, 1985
gives me the greatest deal of concern is that I've heard
repeatedly the statement that the uses along Tigertail will
be for residential. Having driven by the many motels on 8th
Street, I know those aren't residential. I refer explicitly
to paragraph -a of 15172.19 third line, which says "except
that residential uses excluding hotels and motels."
Mayor Ferre: Joe, I hate to do this to you, but....
Mr. Calay: Just three more lines and I'm through. When I
get to paragraph 15172.2.2 transitional buffer residential,
it says "residential uses excluding hotel use may be
permitted within the limitations of the land use intensity
sector 4." I don't know what a land use intensity sector 4
is, but I do know that they exclude hotel use here, which
implies that they'll be able to have motels facing
Tigertail. I thank you. Glad to see we're going to get out
of here before 2:30. I'm sure we will all appreciate that.
Mayor Ferre: I will ask Jack for the department to
carefully read all of these statements that have been made
into the record.
Mr. Luft: Yes, sir.
Mayor Ferre: If there is any substances that you think need
addressing on second reading, we will have an opportunity to
deal with those issues. Mrs. Cohen, if I could plead with
you since it's almost 11:00. Do you think that instead of a
half an hour, you could kind of do it in fifteen minutes?
Ms. Cohen: I have a better suggestion perhaps. Perhaps I
might give the presentation on the merits on the second
reading if you all waive any objections you might have.
Mayor Ferre: You have it. You have my assurance ....
Ms. Cohen: I
will not waive any....
Mayor Ferre:
Let's see
what Plummer and Dawkins....
Ms. Cohen: As
long as
you agree that you won't use this
>_-
against us and
say that
we have waived merit arguments....
"
S ,
Mayor Ferre:
No, ma'am,
we will not do that.
?-
Ms. Cohen: ....at
this
point. I will be happy to do it if
-''
Mrs. Dougherty
will agree to that.
yr Mayor Ferre: Plummer says that he wants to hear it all now.
Unless somebody contradicts me on this Commission, I will
rule that at second hearing we will give you ample
opportunity to express your....
,r
fnFF Ms. Cohen: Unless, of course, you feel anything I could say
could influence your decision at this point.
Mr. Plummer: Let me be very honest with you. I have kept
quiet up to this point. I would appreciate, I will agree to
the whole harmless any presentation you make at second
hearing. But I think in fairness to you, to us and to the
public, I would have appreciated that letter that you
surrendered dated 9th of January. Had you surrendered that
to the City Attorney where she could have had the time to go
over it and be prepared to answer it in a rational way
instead -of hitting her somewhat broadsided with it this
evening. I would appreciate anything you are going to bring
up in your presentation at the second hearing of a legal
nature or something that is generating questions that
possibly you could submit prior to the second hearing those
gl 143 January 10, 1985
areas that need answers to questions, whether they be
{
planning questions or legal questions, so that at the second
hearing, we can be prepared, they can give you the answers,
and we can come to a final conclusion. I think that is only
fair. We impose upon the administration five day rule.
That five day rule is that they must have everything in our
b
hands five days prior to the hearing, so that if we do have
questions, we can ask them. So I would ask as a favor to
you, to us, and to the public that we be positively
prepared -and that's not just for you, excuse me, anyone
else who has questions relating to this project, get your
questions in and hopefully we can have answers the second
hearing.
Ms. Cohen: I appreciate what you're saying. Does that mean
that there's going to be further discussion of those legal
points at the second hearing?
Mr. Plummer: That's what a hearing is.
Mayor Ferre: You will have a right, counselor, to make any
presentation. I hope at the next hearing, keep yours to the
substantive issues. This is not a court of law and you can
get your legal arguments before a proper court of law at the
proper time if you want to. You and the City Attorney
perhaps meet -or representatives of the City Attorney's
office- and discuss whatever legal arguments you may have.
=`
Are we ready to proceed now?
S'.
Ms. Cohen: I appreciate what you're saying. I raise the
issues as soon as I see them. I do the best for my clients;
Fti
,
but I appreciate what you're saying.
Mayor Ferre: We recognize that. Will you give us the total
time taken so far, Mr. Clerk?
....,_:: .,
Ms. Cohen: I'm unclear whether you want me to proceed now
or not.
{r °:......5_.,,
Mayor Ferre: No, what we've said, what I've said as the
Chair here is that we will give you the time you will need
-
to make your substantive presentation at the second hearing.
You are not waiving any rights to do so at this time.
s
Ms. Cohen: I may have other procedural arguments at that
time. I don't know at this time however.
j; Mayor Ferre: I'm going
to tell you right now,
you can get
as many of those worked
out or talked to between
you and the
z"rCity Attorney, and I
will give you ample time
on the
x. substantive issues that
you have not presented here tonight.
w,. You had 27 minutes to talk
about the law. Are
we ready to
move along? Thank you
very much, Mrs. Cohen.
Any other
statements that need
to be said before we
come to a
conclusion at the Commission level?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD.
Mr. Calay: Excuse me, Joseph T. Calay, 2985 Aviation
Avenue. My recollection is you asked staff to respond
explicitly or in essence to the items. When you review
paragraph 15172.2.1 on pages 2 and 3, it is unclear in the
bonus as to whether or not the developer would have to
provide the Code requirements for the additional square
footage. This would mean that by providing two public
spaces and getting a bonus of 400 square foot of building,
that the developer would have omitted essentially one
required private parking space and I think that item is
ambiguous in the ordinance.
gl 144 January 10, 1985
Mayor Ferret Mr. Calay, thank you.
Mr. Calay: Thank you, Mr. Mayor.
Mayor Ferret Are we ready for the Commission to make
statements or questions? Are there any statements or
questions? Mr. Kavanaugh.
Mr. Dan Kavanaugh: A very short one, I
know that at the
end
of a longhearing, when there's going to
g• g B
be a vote there
•
is
sometimes a tendency for certain details
to be lost, but
I'd
like to simply respectfully request that
with respect to
the
one small piece of property I address my
remarks to, that
if
there is going to be a vote on the change of zoning, if
a
Commissioner feels there is validity to
what I've said, that
he offer a very finite amendment with
respect to that
one
piece. Thank you.
Mayor Ferret You're talking about the piece
specifically
on
Aviation and Tigertail at the corner?
Mr. Kavanaugh: That's right.
,.- Mayor Ferret To have that piece omitted from....
Mr. Kavanaugh: The proposal was that the zoning be the same
.. as the adjacent zoning, which is the RO-3/6.
s Mayor Ferret Earlier on today, you remember Mr. Martin Fine
asked us of changes, perhaps at that time is the time to
consider it.
Mr. Luft: You know what he's asking. He's saying despite
the fact that
you're asking
for a residential buffer on
Tigertail, he
wants that one
corner to be developed as
.:.,
office, even though
everybody
else has to provide a buffer
of residential
townhouses.
Mayor Ferret
See, but Jack,
nobody has agreed to any of
that.
Mr. Luft: We didn't say that directly, but I wanted it
clear.
Mr. Dawkins: Jack, is it true that what the gentleman says
is that we come down Tigertail to Aviation and evidently
that's west of Aviation, and then we jump over to east
Aviation, and you only include one parcel of land between, I
guess that's Bayshore Drive Tigertail. Is that true?
Mr. Luft: No, we stop at Aviation. The only properties
that are zoned for office use go up to Aviation. Those are
those properties that go all the way through to Bayshore.
The properties that do not go through to Bayshore, namely on
the east side, remain on the corner as RG-2/5, townhouse
residential.
Mr. Dawkins: So his property will remain what it is, then.
Mr. Luft: It stays what it is today, as townhouse
residential.
Mr. Plummer: But that, I don't think, is his question.
What is the set -back to Dan Kavanaugh's property on
Tigertail side?
Mr. Luft: One hundred feet.
Mr. Plummer: How deep is that piece of property?
gl 145 January 10, 1985
{
Mr. Luft: One hundred feet.
Mr. Plummer: So what you're saying is that his whole
property is a buffer zone.
Mr. Luft: His whole property is currently zoned RGr2/5
today.
Mr. Plummer: Correct.
Mr. Luft: And we're leaving it that.
Mr. Plummer: O.K. but if that building burned down or is
gone tomorrow, and his whole property is 100 foot, he can't
gy
build anything on it.
Mr. Luft% Sure he can, he can build RG-2/5 townhouses, just
like it is today.
Mr. Plummer: Oh, all right.
Mr. Dawkins: With zero lot line?
Mr. Luft: He can build a hundred, what we've told any
property owner all the way to the west of him is if you want
'
to build in that hundred feet, you can build RG-2
townhouses. We're saying we are going to leave him at that.
There's no point in rezoning him to office and then tell him
he can only build townhouses. He wants us to rezone him to
office and then say to him, go ahead and build office; you
don't have to build townhouses.
A .
-
TAPE 16
Mr. Plummer: The danger is that if both parcels were put
z
together, that's where the danger is.-------------------------------------------------------------
69. FIRST READING ORDINANCE:AMEND ORDINANCE 9500 ART.15
PUBLIC INTEREST DISTRICTS- SECTIONS 15170-71-72-73
f
--------ADDING
-------------------------------------------------------
� f
Mayor Ferre: Well, we have before us a series of rather
complex ordinances on first reading. The one that is
is firstly item 51. Is the Commission
presently before us
ready to now deal with the issue on item 51? Do you want to
add something else?
=z4
UNIDENTIFIED SPEAKER: Commissioner, Mayor, I only had one
question, what time would it be appropriate to do some of
a-
the amendments, which we have discussed here tonight?
Mayor Ferre: Let me tell you, I guess it's time for people
to start expressing opinions on the Commission, and I will
be happy to begin. Why don't you sit down, this is my ten
minutes. First of all let me say that I appreciate the
courtesy, the interest, and the time that all of you have
spent on this and many other issues. I do not know of
another neighborhood anywhere in this community that is as
concerned, is as active, is as present and as adamant about
things as is Coconut Grove. Some of you, as Mrs. Post said
she had been here for many years, I've been seeing Dan
Kavanaugh here, and before him Alice Weinright, and I think
that goes back all the way to the beginning of Coconut Grove
with all due respects to Alice. Coconut Grove is a very
special place. There's no question about that. The other
day I was amazed when I was speaking to the dean of the law
school of Columbia. I'm sorry, not the law school, the
school of architecture of Columbia, who happens by the way
to have a great interest in Coconut Grove. I mentioned to
him that I had read in the New York Times a couple or three
months ago an article about the terrible time -his name is
Jim Polchek- that Dean Polchek had had in getting a rezoning
in Greenwich Village. He said to me, he said, "Well, you
gl 146 January 10, 1985
- '1
sr�t
Iz�t:37f_:�r..rr
know, the only place rougher than Greenwich Village that I
know of in the United States is Coconut Grove." Greenwich
Village, of course, is just one. The problems that Polchek
said he had to go through to get rezoning of a piece of
property in Greenwich Village, I don't think I've ever heard
anything like that, even in Coconut Grove. I was reminded,
and I told Dean Polchek, that in New York City, when he was
talking about Greenwich Village, that's New York City, in
New York City, in a 30 year period from 1953 to 1980, Mrs.
Post, there were 13000 changes of zoning law in the City of
New York. I'm not talking about variances now. They go
into the millions in 30 years. I'm talking about change of
law in zoning in New York City. Zoning is certainly not a
science. I don't know whether it's an art, but whatever it
Is it is very inexact. It changes, and it changes all the
time. It changes in Los Angeles and Boston and Dallas and
New York and Miami. I was very impressed with Ronald Cole's
arguments. I thought they were very cogent and I thought
they were very well thought out. Mr. Cole, I think it's a
proper question: does the neighborhood have a value in the
City. That is really one of the key questions and in my
opinion, it is the key question that has to be asked every
time there is a confrontation between the residential
community and a commercial infringement on that residential
community. Is that value worth preserving? Absolutely! Is
a human dimension in a neighborhood, like Coconut Grove,
important? Absolutely! Is continuity and stability
important? Absolutely! The fact that there are young
children in the neighborhood, is that important?
Absolutely! Should the neighborhood be preserved that is
well functioning? Yes, as much as possible. Now, the
question, then, becomes is change inevitable in Coconut
Grove? I don't think that really is the question. Hasn't
Coconut Grove been changing in the last 30 years? Hasn't it
really changed every ten years? I remember back in the
early 150's my dad -I don't know why he ever did it- bought
that Coconut Grove Pharmacy. I remember, in 1954 my father
bought the Coconut Grove Pharmacy. It was a terrible mess.
Finally, he got tired of it and sold it in two or three
years. But I remember I used to come down. I was going to
the University of Miami and I stopped by and I remember
Coconut Grove was what South Miami is now. There are many
of you here that remember Coconut Grove that way. It was a
nice neighborhood with a lot of nice little shops and
restaurants, but it wasn't at all like this. Then it went
through the hippie period, if you'll forgive my putting it
that way, where everybody had long hair and all those people
moved out of Coconut Grove and they moved over to Coral
Gables and South Miami. South Miami in effect, became what
Coconut Grove had been. I mean I still see Al Parker riding
around in a bicycle once in a while now, but that's what
Coconut Grove was all about thirty years ago. In my
lifetime and in my thirty-three years in Miami, I've seen
Coconut Grove change at least three or four times in
character. Part of it, south Grove remains pretty much the
same, more intensity. Don't tell me Coconut Grove hasn't
changed. It has changed. There's nothing you can do about
It. Palm Beach has changed. Ft. Lauderdale has changed.
Ft. Myers has changed. Yes, what happens is that as people
want to keep the Coconut Grove ambiance, and that changes,
they have to move with it, so they move to South Miami,
those that do. Now you know what's going to happen? I got
news for you, when Marty Margolies finishes his bakery
center in South Miami, South Miami will change and it won't
be what it was,' the old Coconut Grove moved five miles
south. We're in the middle of change. The question, then,
is not whether a residential neighborhood has value, but
whether or not the character of this community, and I'm
talking about the Grove and the crossroads of Aviation and
South Bayshore Drive has in fact already changed. The
answer is yes. It has already changed. Will that keep
people from living here? The fact is that an awful lot of
-'
us think so much of this part of the Grove that we're moving
3
in. I moved in. I'm about to move in this week -end into a
,<
~
house in north Grove. Commissioner Carollo thought enough
of the neighborhood to move in. There are a lot of people
who have a great sense of excitement about this wonderful
neighborhood that we call Coconut Grove. I think people who
are doing that are well aware that some of these larger
buildings are coming. Some people don't like Mayfair too.
'4
There are others who like Mayfair too and think that having
�.,
:;.
Burdines there is the great addition; it adds quality. I
want to tell you one thing and then I'll make one last
little statement and then move it to somebody else. I want
to tell you something. People that come from outside of the
y
Cconut Grove area and outside of Miami, and some of them
from outside of the United States of America, I had some
French people. Well, Jack, what's the name of those French
people that are buying property in the Grove that Ed Grafton
is....
;«
Mr. Luft: Ironically enough, it's American General
a:.
Development Corporation.
Mayor Ferre: Those people told me...what?
Mr. Luft: They call themselves the American General
Development Corporation, but they're from Paris.
Mayor Ferre: They're from Paris, France. Those Frenchmen
told me...well, they're not dumb, they're smart. Those
=' Frenchmen told me the other day, they said, "You don't
`s realize what an asset you have in this Coconut Grove." I
' said, "Yes, but if you guys keep on buying this land."
Those people paid some odd $150.00 a square foot. Dan,
would you believe that, Joanne? How much did they? How
much? INAUDIBLE RESPONSE. Now I ask you for goodness
sakes, in all honesty, do you really think that a Frenchman
Is going to come over here from France, pay $225 a square
foot for a piece of property which is more than land is
going for in Coconut Grove, I mean in Brickell Avenue, and
you say that you don't think there is going to be change!
Come on! Now, the question now, let me be specific now on
this project. Here is a project that started out at 4009000
some square feet, two towers, whatever it was, and Sergio
called me one day, director of Planning, he says, "Mr.
Mayor, I want to go over and sit with you and show you what
I think we are going to come up with." It was totally
different. I said, "Sergio, is that what the neighbors
fez want?" He said, "Yes, if we do this, the neighbors are
going to be happy." I said fine. Medina's not going to be
.= happy. He said, "Well, that may be." I said, "He'll never
b
accept that." He called me up the next day and said, "I met
'5with Mr. Medina. Would you believe me he was all upset. He
'- got very upset, walked out, called me up later on in the
`a afternoon, we got back together again, and he said, O.K., I
accept it." They went down in the neighborhood a week later
'x he calls me up again and he said, "Can I show you what I
'h. think the final thing is going to..." They were now down
ryit 7
� _7 from two towers to one tower. The next time he comes around
he says, "Not only is it going to be one tower. We're going
to do this and instead of three point four, or whatever it
was -how much was it you said? They're down to 3.2 or 2.7
'{ or whatever it was. I said, "Medina will never accept
that." Well, that's it, the neighbors want that. I said,
k�A are the neighbors going to be happy? He said, "Yes, if we
give them that the neighbors are going to be ha and the
people of Coconut Grove are going to be..." That's the end
of it, right? He said, "That's it, the neighbors are going
_r to be..." I said, "Joanne Holshouser is going to accept
gl 148 January 10, 1985
0
that?" He said, "Well, I don't know about Joanne, but the
neighbors are going to be happy and Tigertail Association."
well, we came to an agreement Sergio and I. I said, all
right, you go talk to Mr. Medina. He called me back and
said "Medina is furious. He says that I'm doing this
because he's a Cuban and I'm a Cuban. I'm in deep trouble.
The guy won't talk to me anymore" and this and that. I
said, "My Godi I told you that was going to happen." well,
a day or two later, Sergio calls me back and says, "Guess
what? Medina just called we and said that's acceptable."
He's changed this thing three times. I want to tell you, it
is my opinion that within the scope of what's happening in
Coconut Grove, this is a reasonable building. It is my
opinion, I'm going to vote for it. It is my opinion that
these zoning changes are within reason, within what I think
is acceptable. I think they've been carefully thought out
by staff. I think they've been carefully negotiated. It is
my opinion that the neighbors have greatly impacted on the
final building. when there is a motion made, I will be
voting on this and the other presentations before us.
Mr. Carollo: Mr. Mayor, when they rewrite "Alice in
Wonderland". I would like for you to write it. I'd like to
give my view and then let some of the other members of the
Commission give theirs. Then let's see if we can bring it
to a head. The Mayor is correct. I live in Coconut Grove
now. I don't live too far from this area. In fact, I think
some of you from the address that I saw on the papers you
filled out tonight, are within a half a block or a block
from me. I was raised in a City much larger than Miami. I
was raised in Chicago. I grew up seeing very large
buildings. I'm not trying to say that's so positive. There
;.°
were a lot of negative things about Chicago, but there were
a lot of good positive things. In fact one of the best
1:1 " memories I have from my childhood was getting in the "L" and
going to see the Cubs play, at Wrigley Field, then going
downtown. I tell you one thing you can say about Chicago
even today, it's got one of the nicest downtowns in the
whole country, one of the cleanest, one of the safest that
people go there at 3:00 and 4:00 in the morning and you see
the whole place full of people, full of life, no one is
afraid to go there to have a good time; what our downtown
should be like, and unfortunately it's not. But we're not
New York City; we're not Chicago. We're Miami and I think
FaK- we're very special and very different than all those cities.
I'm not trying to say that we have to build or construct the
way those large cities have in order to be a world class
city and in order to be one of the ten key cities in the
United States in the future, which I think Miami will be.
But I think that within reason, we have to accept some
change. We have to accept some change and then stick by our
guns, stick by buffer zones so we can try and have the best
.= of both worlds. I'm not an architect. I'm not a Planner.
I'm a lay person, like I think most of you here today.
N Unfortunately, sometimes the only thing we can go by is what
in our own opinion we think is logical and reasonable.
Maybe to some of you, it's just too simplistic, but it's the
You get some of the Planners, you
truth. get some of the
` attorneys, and sometimes instead of making the issues more
7 simpler for p people, they seem to complicate it more, where
¢Y sometimes you understand it even less than when you started.
I don't think this has been quite the case today, though. I
think that while in Main Highway in the heart of the Grove,
x r- in Treister's project, there was a great difference in that
mpu' project than there is in this one being proposed across the
street here. The difference is that the traffic congestion
{ in that particular place right now compared to the project
that's being proposed there, unless it's scaled down a good
y` percent, is quite different than the situation you are
going to have here. Here, I think, that we're cutting off
gl 149 January 10, 1985
zp
the boundaries at the appropriate place. This is my
opinion. I respect some that have been given here in favor
of it, but the bottom line is that we have to come to a
conclusion to this. It's my personal opinion that what I've
seen here in these changes is reasonable, but I think we
t.,.
should stop where we're at and protect buffer zones that we
are creating now for future development. I think Coconut
Grove is going to be even more unique than it has been in
the future and we're going to have the best of two worlds
here in Coconut Grove. I intend to vote for this ordinance
here tonight. Commissioner Plummer, Perez, Dawkins?
Mr. Plummer: I will follow the lead of Ms. Cohen, and I`ll
reserve my rights for the second hearing.
Mr. Carollo: Commissioner Perez, do you have any statements
to make?
Mr. Perez: I share what they have mentioned here about
Coconut Grove. I think that it's a special place. I
recognize the condition and the future of the area in
principle. For the first reading, I would like to support
the ordinance tonight.
Mayor Ferre:
Is
there a
motion?
Mr. Carollo:
Mr.
Mayor,
there is a motion, Mr. Mayor.
Mayor Ferre: Is there a second to item number 51?
Mr. Perez: Second.
Mayor Ferre: Would you read the ordinance on first reading?
Call the roll, please.
w, -
AN ORDINANCE ENTITLED-
�s
AN ORDINANCE AMENDING THE TEXT OF
ORDINANCE NO. 95009 THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 15 ENTITLED "SPI:
;r
SPECIAL PUBLIC INTEREST DISTRICTS," BY
?4
ADDING A NEW SECTION 15170 ENTITLED
"SPI-17: SOUTH BAYSHORE DRIVE OVERLAY
'
DISTRICT," AND ASSOCIATED SECTIONS 15171
THRU 15173; PROVIDING FOR INTENT
�..,
EFFECT, AND CLASS C SPECIAL PERMIT
REQUIREMENT; AND CONTAINING A REPEALER
, u'
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo 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.
gl 150 January 10, 1985
:ask
70 FIRST RNADING ORDINANCE: ANSID ORD. 95009 CRINGE ZONING
CLASSIFICATION PROM RG-2/5 TO RO-3/6 S6V- 27 AVE.
GR►PEL►ND RLVD. LINE S. OF TIGERTAIL ATE, LINE R OF
AVIATION A TIGERT►IL RTC.
rrrrrrrrrra►rrrrrrrrrrrrrwrr-r+rrrarrrrr rrr rrrrrrr-rr rrrrrrrrr _
Mayor Ferre: Take up item, what's next Jack, Sergio?
Mr. Rosencrantz: Forty-eight.
Mayor Ferre: Is there a motion on 48 on first reading?
Mr. Perez: Move.
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Is there further discussion on 48?
Ms. Cohen: I'll just incorporate by reference all....
Mayor Ferre: Yes, ma'am, everything that was applicable to
50 is applicable on your part to 48, 49, and 50.
Ms. Cohen: Yes, sir, thank you, right.
Mayor Ferre: It's been moved and seconded.
ordinance. Call the roll, please, on item 48.
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
THE AREA GENERALLY BOUNDED BY SOUTHWEST
27TH AVENUE (GRAPELAND BOULEVARD), A
LINE APPROXIMATELY 100 FEET SOUTH OF,
AND PARALLEL T09 TIGERTAIL AVENUE, A
LINE APPROXIMATELY 100 FEET EAST OF, AND
PARALLEL TO AVIATION AVENUE, AND
TIGERTAIL AVENUE, PER PLAN ON FILE IN
THE DEPARTMENT OF PLANNING AND ZONING
BOARDS ADMINISTRATION; FROM RG-2/5:
GENERAL RESIDENTIAL TO RO-3/6:
RESIDENTIAL OFFICE; MAKING FINDINGS; AND
BY MAKING ALL THE NECESSARY CHANGES ON
PAGES NO. 45 AND 46 OF SAID ZONING
ATLAS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Read the
Was introduced by Commissioner Perez 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.
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.
61
151 January 10, 1985
61
rwwww—rrrrr—r..rrr--wr.wrrwr wiT.rrrrrrrr—r—ii:—.►rw—r.►rr--wi—§.rdit r
71 FIRST READING ORDINANCE: AMEND ORD. 9500 APPLY SPI-17
SOUTH BAYSBORE DRIVE OVERLAY DISTRICT TO Aan AS
DESCRIBED
rrwwrr rrwrwr rrr-- rrrwwwwwrr rr—wrrrrr—rrr.rwrwrrrwwrrrrrrrrrrw
Mayor Ferre: Take item 49.
Mr. Carollo: Move.
Mr. Perez: Second.
Mayor Ferre: Moved by Carollo; seconded by Perez. Further
discussion? The same is applicable on behalf of Mrs. Cohen
to item 49 as Was applicable to 51 and 48.
Ms. Cohen: Yes, sir.
Mayor Ferre: Read the ordiance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 95009 THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY APPLYING THE SPI:17 SOUTH BAYSHORE
DRIVE OVERLAY DISTRICT TO AN AREA
GENERALLY BOUNDED BY McFARLANE ROAD,
SOUTH BAYSHORE DRIVE, A LINE
APPROXIMATELY 200 FEET EAST OF, AND
PARALLEL TO AVIATION AVENUE, TIGERTAIL
AVENUE, MARY STREET, GRAND AVENUE, AND A
LINE APPROXIMATELY 250 FEET WEST OF, AND
PARALLEL TO MARY STREET, TO THE POINT OF
BEGINNING, MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES ON
PAGES NO. 45 AND 46 OF SAID ZONING
ATLAS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo 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.
---- — — ---- --- ----------------------------- — — — ------ —--------
72 FIRST READING ORDINANCE: AMEND ORD. 9500 REMOVE SPI-3
COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT FROM AREA
AS DESCRIBED
--- --- — --- — -- — ---- — — — --- -- -- — — — -- — — -- -- - — ---- -- --- ----rr w. 40r
gl 152 January 1n. IQRI;
r
L
tJ'
�
Mayor Ferre: Take up item 50.
Mr. Carollo: Move.
Mayor Ferre: There's a motion. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Perez seconds 50. Same stipulations to 50 as
F"
the others by Mrs. Cohen.
Ms. Cohen: Yes, thank you.
Mayor Ferre: Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 95009 THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY REMOVING THE SPI-3: COCONUT GROVE
MAJOR STREETS OVERLAY DISTRICT FROM THE
AREA GENERALLY BOUNDED BY MARY STREET, A
LINE RANGING FROM APPROXIMATELY 100 TO
200 FEET SOUTH OF AND PARALLEL TO
F".:'..
TIGERTAIL AVENUE, A LINE APPROXIMATELY
100 FEET EAST OF, AND PARALLEL TO
a~z
AVIATION AVENUE, AND TIGERTAIL AVENUE,
rtt ss
MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGES NO. 45-56 OF
x
SAID ZONING ATLAS; CONTAINING A REPEALER
�5
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by
4yK;'
Commissioner Perez and was passed on its first reading by
title by the following vote-
_
AYES. Commissioner Demetrio Perez, Jr.
r
Commissioner Miller J. Dawkins
�-
P.tt.
Commissioner J. L. Plummer, Jr.
w
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.
---------------- ------- -------- ---------------- ------------ -
73 INSTRUCT PLANNING DEPT. TO SEND BACK ♦G.51 FOR FURTHER
REVIEW CONSIDERATION I■ REDUCTION EXCESS PARKING SPACES
FOR BONUS FROM 100 TO 75•
-------------------------------- ---- -- ------------------ ----
Mayor Ferre: Now I want to make a couple of comments into
the record here. Mr. Traurig gave us an amendment to
section 15172.2. t, the public access parking agenda item 51
subpart C, which •is now part of the record and will then
come back for consideration after you, Mr. Rodriguez, and
staff have had an opportunity to read that and the other
proposed changes that we'll discuss on second hearing.
Secondly, Mr. Marty Fine, five, or six, or seven, or eight,
or whenever hours ago, when he was here said, and I told him
gl 153 January 10, 1965
O
4�
that I would rule that
we could not vote on
his request
until after 51 passed,
and if it passed, then
it would be
fair. So I would now
accept a motion that
sends to the
Planning Board... Who are we sending it to, zoning?
Mr. Rodriguez: Ask the
Planning Department to
bring before
the Planning Advisory
Board a discussion of
the minimum
amendments to the distance requirements....
Mayor Ferre: A hundred to seventy-five and the distance
requirements, which is....
Mr. Rodriguez: ....for qualifying for the bonus.
Mayor Ferre: Which is the question, as brought up by one of
the property owners here. Is there a motion to that effect?
We need to do this formally.
Mr. Plummer: So move.
Mr. Perez: Second.
Mayor Ferre: Plummer moves; Perez seconds.
Mr. Plummer: Let's understand, Mr. Mayor, these are
proposals which will go back to the Planning Department for
study and recommendation and then on to the Planning
Advisory Board and once that is completed, it will then come
s
before this Commission.
h y
a ri Mr. Rodriguez: Right, as a new item, not as part of this
item.
Mr. Plummer: As a new item is correct, a separate item.
r Mayor Ferre: Are we now ready to vote on that? Call the
roll •
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-51
A MOTION DIRECTING THE CITY MANAGER TO
INSTRUCT THE PLANNING DEPARTMENT TO SEND
BACK TO THE PLANNING ADVISORY BOARD, FOR
FURTHER REVIEW, POSSIBLE CONSIDERATION
OF A REDUCTION OF THE TOTAL NUMBER OF
EXCESS PARKING SPACES REQUIRED TO OBTAIN
A BONUS FROM 100 TO 75 AS MENTIONED IN
AGENDA ITEM 51 IN TODAY'S AGENDA.
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.
Mayor Ferre: Mr. Charbonnet.
Mr. Loys Charbonnet: Mr. Mayor, I think you were... Loys
Charbonnet, 3901 Braganza Avenue, Coconut Grove. I think
you were perhaps out of the room when I suggested to the
-' 82 154 January 10, 1985
Commission that the Commission consider extending the zone
that would include the Kolisch property on S.W. 27 Avenue as
an amendment and to....
Mr. Plummer% That was just included.
Mr. Charbonnet: ....suggest this being carried to the
Planning and Zoning Boards for a study, increasing the
distance to 750 feet, as the crow flies. I take exception
to Mr. Traurig's proposed language utilizing somewhat of a
vague manner of measuring the distance by pedestrian; it's
much clearer if it's as the crow flies and I'd
appreciate.....
Mayor Ferre: We will discuss all these on second reading,
and at that time, you'll have an opportunity to speak to
that issue and the record so reflects. That is something
that you have come back and recognize. I understand his
point.
Mr. Rodriguez: I believe the motion you passed already is
to address those issues as an amendment to what you are
going to be passing maybe under second reading.
Mayor Ferre: No, I just gave you the proposed section C on
item 51, which is what Mr. Traurig gave us. He's objecting
to the wording.
Mr. Rodriguez: The definitions.
Mayor Ferre: That's right, and he's saying....
Mr. Rodriguez: I thought he was objecting to the distance.
Mayor Ferre: What you need to do is address that issue, you
would call him up and discuss it; and then at second
hearing, we'll talk about it.
Mr. Charbonnet: The other point I'd like to make clear, if
I could, is that I would hope the Commission tonight would
recommend to the Planning and Zoning Department to consider
a 750 foot distance, which is a 25% change upward, as the
parking has been reduced by the same quantity 25%.
Mayor Ferre: That is something that the Planning Department
will recommend. We cannot recommend to the Planning
Department what to do. Let them deal with the issue. When
it comes back to us, then we will deal with it after they've
had an opportunity to look at it.
Mr. Charbonnet: Thank you.
Mr. Plummer: Mr. Mayor, let me bring one other point.
Mayor Ferre: Just on these issues, 48 through 51•
Mr. Plummer: Well, it pertains and it's directly involved,
Mr. Mayor. Joanne, brought out a good point, or one of them
did. I don't recall; I'm getting a little fuzzy, I guess.
You know, Mr. Mayor, I think this thing needs to be
considered. I'm not saying that I'll vote for, but I think
it needs to be considered this bonus closer to the
commercial central. I would like to have from the Planning
Department if the rest of the members concur, that any
future building that goes in near the central core be
considered for this bonus as well, because the parking is
just getting more critical. I know Sunday we're going to go
down here to have the Taste in the Grove, and my Godl it's
going to be a madhouse. So, Mr. Mayor, I would like to make
a motion at this time that also be considered, but closer to
sl 155 January 10, 1985
the central core. It would be for eligible, and let them
study it and come back to us with their recommendation.
Mayor Ferret Does anybody on the Commission object to that
being included in the previous motion? Without objection,
then, let the record reflect....
Ms. Cohen: I'm going to have to object on section 3514,
making substantial changes to the....
Mayor Ferret No, no, you didn't follow. This is....
Ms. Cohen: Something to start again at the Planning
Advisory Board?
Mayor Ferret Yes, on a so totally different issue.
Ms. Cohen: Including Mr. Traurig's?
Mayor Ferret No, no, no.
Ms. Cohen: We object to that 3514.
Mayor Ferret Mr. Traurig is passed on first reading without
any of these changes. These changes that they're talking
about that don't deal with Mr. Traurig's clients property,
we're referring back to the Planning Department. They are
going to bring it to the Planning Board and then it comes
back to the Commission on those properties. It has nothing
to do with Mr. Traurig or his clients. That's exactly why
we wanted to make sure from a legal point of view that there
was no confusion on that. Is there anything else on items
48 through 51?
Mr. Plummer: Let the record reflect that items 48, 49, 509
and 51 were passed exactly as they are on the agenda on
first reading. Let the record so reflect.
----------------------------------------------------------
74 GRANT REQUEST COMMUNITY RELATIONS DEPT. METRO ALLOCATE
$19000 DEFRAY PRINTING CATALOG •MIAMI GENERATIONS"
------------------------------------------------------------
Mayor Ferret We have here, Mr. Plummer, and Mr. Perez, a
request by Margarita Cano, a coordinator of Community
Relations Department of Metro, that there is an art exhibit
In Philadelphia called "Miami Generation 9 Cuban American
Artists". They're asking us to share in the expense and I
would like to move that we approve $1,000 expenditure,
provided however, that it is matched in dollars by
Metropolitan Dade County up to $1,000. Call the roll, J.L.
sl
156
January 10, 1985
3 f
y9 -l. y
is «T
Y Mr. Plummer: Call the roll.
The following motion was introduced by Commissioner
'R. Perez, who moored its adoption:
MOTION NO. 85-52
A MOTION GRANTING A REQUEST MADE BY
r; MARGARITA CANO, COORDINATOR/COMMUNITY
RELATIONS DEPARTMENT, METROPOLITAN DADE
<_ COUNTY, AND AUTHORIZING THE CITY MANAGER TO
ALLOCATE AN AMOUNT NOT TO EXCEED $10000 IN
ORDER TO HELP DEFRAY THE COST OF PRINTING A
CATALOG IN CONNECTION WITH "MIAMI
GENERATIONS" AN EXHIBITION WHICH WILL OPEN
IN PHILADELPHIA ON FEBRUARY 8, 1985, WHICH
EXHIBITION INCLUDES 36 WORKS OF FINE ART BY
SEVEN CUBAN AMERICAN ARTISTS, PROVIDED,
HOWEVER, THIS CONTRIBUTION IS MATCHED BY
METROPOLITAN DADE COUNTY.
a Upon being seconded by Commissioner Plummer, the motion
was passed and adopted by the following vote-
=' AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
:• Mayor Maurice A. Ferre
, NOES: None.
ABSENT: Commissioner Miller J. Dawkins
n,.
Vice -Mayor Joe Carollo
y+fvFt£i., ----------------- ----------------- --------------------------
"r T5 APPROVE FINAL WORDING OF CASINO GAMBLING PROVISIONS OF
5•
THE BAYSIDE CONTRACT
}{:�q,:.f4: 4'+• ---------------------------------- ------------------ --------
Mayor Ferre: We also have to cure here the gambling. Is
Grp that what it's called, Lucia?
Mrs. Dougherty% The casino gambling provisions of the
Bayside contract.
s• _
Mayor Ferre: Have you talked to Plummer and to Dawkins and
u Carollo and Perez on this? Is that correct?
Mr. Plummer: Yes.
Mayor Ferre: What is the motion that I need to make on
this?
Ms. Dougherty: Just approving the language as I've passed
out to you.
f
Mr. Plummer: So move.
Mayor Ferre: The City shall not...this is page 29, section
2, and under the title, "developer agrees that if casino
gambling shall, in the future, become legal, the City of
Miami" and then it continues and you'll put it into the
record so that it's clarified. Plummer moves. Perez
seconds. Further discussion? Call the roll.
Ms. Cohen: Yes, sir, yes, sir, may we see what that is?
51 157 January 10, 1985
Mayor Ferre: It has nothing to do with you. This has to do
with Bayside.
Mr. Plummer: Casino gambling.
Mayor Ferre: Casino gambling.
Ms. Cohen: That's what triggered this.
Mayor Ferre: This has nothing to do with Coconut Grove.
This is Bayside and the Rouse contract and we're trying to
=-_
put some provisions to control it, if there is casino
gambling in the future, what's going to happen on Bayfront
Park.
Mr. Plummer: The answer to your question, yes, you can have
a copy.
Mayor Ferre: Sure, have my copy of it.
Ms. Cohen: Thank you.
Mr. Plummer: Public record.
r}°`=
Mayor Ferre: Has to do with Bayfront with the Rouse
contract.
Mr. Ralph Ongie: Roll call.
Mayor Ferre: Go ahead, call the roll.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-53
A MOTION OF THE CITY COMMISSION ACCEPTING
FINAL WORKING OF THE CASINO GAMBLING
PROVISIONS OF THE BAYSIDE CONTRACT AS
<-
RECOMMENDED BY THE CITY ATTORNEY, AND AS
MORE FULLY EXPRESSED IN AN EXCERPT OF SAID
CONTRACT, WHICH WAS PRESENTED TO THE CITY
COMMISSION AND WHICH FORMS PART OF THE
WORKING PAPERS OF TODAY'S AGENDA.
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
------------------------------- ------------------------ ---- -
76 AUTHORIZE CITY MANAGERR TO PURCHASE 250 TICKETS FOR "PIG
BOWL" TO BE DISTRIBUTED TO URDERPRIOILEGED CHILDREN
Mayor Ferre: Is there anything else?
Mr. Plummer: Yes, oink, oink.
January 10, 1985
4
Mayor Ferret Oh, the Pig Bowl.
'
Mr. Perez: Mr. Mayor, we have this lady here waiting for
months and months.
Mayor Ferret Wait, we're going to do that right now, but we
got to get the Pig Bowl under way. Make your motion,
Plummer.
Mr. Plummer: Mr. Mayor, I move that we buy 250 tickets for
the Pig Bowl to be distributed to all underprivileged
children, as community relations. The tickets I think are
priced at $4.00' and that they be distributed immediately
for the underprivileged children only.
Mayor Ferret And I would like to recommend that you all
that can attend the Pig Bowl, it's a good way to back our
great Police Department. Make sure you cheer for the people
in blue; don't get confused.
Mr. Plummer: This year we're going to win. Last year they
harassed us.
Mayor Ferret Is there a second to the motion?
Mr. Perez: Second.
z Mayor Ferret Further discussion? Call the roll.
`a The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-54
w
f A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO PURCHASE TWO HUNDRED FIFTY (250)
TICKETS FOR THE FORTHCOMING PIG BOWL TO BE
,1 DISTRIBUTED AMONG UNDERPRIVILEGED CHILDREN
AS A COMMUNITY RELATIONS GESTURE FROM THE
k CITY.
£Yl�
Upon being seconded by Commissioner Perez, the motion
{_{-A was passed and adopted by the following vote-
£
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
u, Mayor Maurice A. Ferre
ba
NOES: None.
{-cFry ABSENT: Commissioner Miller J. Dawkins
.rt..:'. Vice -Mayor Joe Carollo
rrrrrr-------rr----------r--------------r---
Sit ka SC q
77 A0l80BIZE QNF$BBZING OF 4 POSITIONS ♦3 ReQDBSlBD BY
} r= COMMISSIONER DEMETRIO PEREZ
----.-------r—r---------rr--rrr------------
rr—rrrrr�r-----�--
Mayor Ferre: J.L., Demetrio has one last thing.
Mr. Perez: We have, Mr. Mayor, this lady waiting for months
and months about the unfreeze. I think that they have a
personal request, but I would like to hear what is the
Manager's recommendation about something about the freeze.
I think that the Manager mentioned today during the day that
they have an emergency situation in reference to some
positions. I would like to hear....
sl 159 January 10, 19
I
Mayor Ferre: Bell, these are ladies that I think have been
approved, they've gone through the process and I think
they've been qualified and all that, but because of the
freeze, we've been unable, you or the administration or
whomever, has been unable.
Mr. Rosencrantz: What I'd like to recommend to the City
Commission is to point out to you that so far, we've saved
at least :1,100,000 on the freeze, and to recommend in order
to give the administration a little bit more flexibility in
filling critical positions, to lift the freeze on specific
positions and the administration will commit that we will
keep at least 50 positions vacant at all times, but they'll
be different positions from time to time. It still would
maintain a freeze that would generate probably another
million dollars between now and the end of the year, but it
would give us some greater flexibility in filling selected
positions.
Mr. Perez: But at this time we have saved a million
dollars?
Mr. Rosencrantz: About $1,200,000 as of this date.
Mr. Perez: I don't have any inconvenience to make a waiver
5' or an exception in order to support what is your motion.
Mayor Ferre:
J.L.
Mr. Plummer:
Excuse me? Repeat your motion.
F?N T
Mayor Ferre:
Listen it isn't that late.
Mr. Perez:
The motion is to unfreeze some of the positions
according to
the Manager's recommendations.
Mr. Plummer:
What positions?
Mr. Rosencrantz:
What we intend to do, Commissioner
Plummer, is
not to identify these specific positions that
would be unfrozen. But the administration would commit to
keep 50 positions
vacant for the rest of the year.
Mr. Plummer:
I can't second that motion, Maurice. You be
specific in
what areas and what positions.
Mr. Perez:
In particular we have these four ladies here
waiting for
months and months.
.`'
Mr. Plummer:
What are the positions?
Mr. Perez: What are the positions of the four ladies?
Mr. Rosencrantz: What we are asking for, Commissioner
Plummer, is not to designate these specific positions,
# s
because what we want to do is have the flexibility to pick
t
and choose which positions we fill and which ones we leave
open. It would give us more flexibility to make promotions.
<}�=
The department has more flexibility in terms of identifying
priorities of those positions. It would reduce the
M
paperwork tremendously if we didn't have to go through a
long justification for each position. The net result at the
end of the year is going to be the same. We're going, if
°N;:•:
you keep 50 positions vacant between now and the end of the
` (,r
year, you would generate an additional $1.1 million.
Mayor Ferre: O.K., I think that is a good compromise. So,
in other words, we're going to now move for those four
positions. J,L.
sl 160 January 10, 1985
Mr. Plummer: These four, second.
Mr. gosenerantzt Uhat four are you talking about?
Mayor Ferre: Any further discussion on this issue? Call
the roll.
Mr. Aosencrantz: I don't know what four you're talking
about.
The following motion was introduced by Commissioner
Perez, who moved its adoption:
MOTION No. 85-55
A MOTION AUTHORIZING THE CITY MANAGER TO
LIFT THE PRESENTLY IMPOSED HIRING FREEZE TO
ALLOW THE ADMINISTRATION TO FILL FOUR
PRESENTLY EXISTING VACANCIES AS REQUESTED BY
COMMISSIONER PEREZ.
Upon being seconded by Commissioner Plummer, the motion
was passed and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
THERE BEING BO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING VAS ADJOURNED AT 11:36 P.M.
ATTEST:
Ralph G. Ongie
CITY CLERIC
Natty Hirai
ASSISTANT CITY CLERK
81
161
Maurice A. Ferre
M A Y O R
r
ORATE 1Q
f _I
January 10, 1985
CItiTY 'P lVkIAMI
ft
nnip-H M__ irmT
{} sMf�flft Of1ATI {} .
f� oil
CGl.FL
MEETING DATE:
JANUARY 10. 1985
ItIDEX
DOCUMEW IDENTIFICATION
ALLOCATE $17,000 TO CAREY TECHNICAL INSTITUTE
FOR CONTINUE THE COMP UrER REPAIR TRAINING
PROJECT (2-1-85) AND AUTHORIZE TO AMEND THE
EXISTING AGREEMENT WITH THE AFOREMENTIONED
AGENCY.
ALLOCATE $350. TO THE ONE ART, INC., AND FURTHER
AUTHORIZE TO ENTER INTO AGREEMENT WITH THE
AFOREMENTIONED AGENCY.
ALLOCATE $60,000 TO PUERTO RICAN OPPORTUNITY
CENTER TO CONTINUE THE EMPLOYMENT REFERRAL/
PLACEMENT AND JOB SKILLS TRAINING PROJECT
IN WYNWOOD TARGET AREA (1-85 THROUGH 9-30-
85). AUTHORIZE TO AMEND EXISTING AGREEMENT
WITH THE AFOREMENTIONED AGENCY.
ALLOCATE $15,000 TO COCONUT GROVE ASSOCIATION,
INC., IN CONNECTION WITH 1985 COCONUT GROVE
ARTS FESTIVAL. AUTHORIZE TO EXECUTE AN AGREEMENT
SUBJECT TO APPROVAL.
APPROVE/ALLOCATE $532.45 FROM OPERATING BUDGETS
OF POLICE/FIRE DEPARTMENTS FOR IN —KIND SERVICES
IN SUPPORT OF THE KING MANGO STRUT PARADE
HELD ON DECEMBER 30, 1984.
ALLOCATE $4,500 FROM SPA—QLF, TO COVER THE
COST OF WAIVING RENTAL FEE OF COCONUT GROVE
EXHIBITION CENTER FOR A DANCE HELD ON SEPTEMBER
15, 1984 IN CONNECTION WITH THE 26TH ANNIVERSA—
RY OF MR. ALEXIS FARIS, DISTINGUISHED RADIO
PERSONALITY IN THIS COMMUNITY.
ALLOCATE $4,068 IN —KIND SERVICES FROM BUDGETS
OF PARKS AND RECREATION/POLICE AND SOLID WASTE
DEPARTMENTS IN CONNECTION WITH FORMAL OPENING/
DEDICATION OF THE NEW FACILITY OF WRLN—CHANNEL
17 (TELEVISION STATION) ON NOVEMBER 17 AND
18, 1984, FURTHER GRANTING THE USE OF THE
CITY'S SHOWMOBILE STATION, ETC.
ALLOCATE $1,850 FROM SPA—QLF, TO COVER THE
COST OF ONE DAY'S RENTAL FEES OF MIAMI MARINE
STADIUM AND GUSMAN CULTURAL BY KINDERKONCERTS,
INC.,ETC.
ALLOCATE $145. FROM SPA—QLF, TO COVER THE
COST OF WAIVING THE RENTAL FEE OF MANUEL ARTIME
COMMUNITY CENTER FOR PRESENTATION OF SELECTED
READINGS BY CUBAN POET DANIEL ROMAN FROM HIS
BOOK OF POEMS.
ISSION RETR
AND
85-3
85-4
85-5
85-7
mme
85-10
85 11
IDOCUMENT�INDEX
CONTINUED
DOCUMENT IDENTIFICATION
its
ALLOCATE A SUM NOT TO EXCEED $4,500 FROM SPA—
CF, TO COVER WAIVING THE RENTAL FEE FOR THE
! ORANGE BOWL STADIUM IN CONNECTION WITH THE
! PROCESSING OF DOCUMENTS AND FINAL SWEARING —
IN CEREMONY FOR 10,000 PEOPLE ON SEPTEMBER
17, 1985,ETC.
ALLOCATE $3,065 IN CONNECTION WITH THE JOSE
MARTI PARADE CO -SPONSORED BILINGUAL PRIVATE
SCHOOL ASSOCIATION FOR JANUARY 28, 1985.
ACCEPT THE BID OF COMMUNITY ASPHALT CORPORATION
IN THE AMOUNT OF $652,691. FOR CITY WIDE RESURFA-
CING PROJECT-WYNWOOD/OVERTOWN/PARK WEST, WITH
MONIES FROM "LOCAL OPTION GAS TAX FUNDS" TO
COVER THE CONTRACT COST; ETC., AUTHORIZE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
ACCEPT BID OF P.N.M. CORPORATION IN THE PROPOSED
AMOUNT OF $389,649.94 FOR CITY WIDE HIGHWAY
IMPROVEMENT -PHASE I TO COVER CONTRACT COST.
AUTHORIZE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM AND DIRECT CITY CLERK TO PUBLISH
A NOTICE OF PUBLIC HEARING FOR OBJECTIONS
TO THE ACCEPTANCE BY THE CITY COMMISSION OF
THE COMPLETED CONSTRUCTION BY P.N.M.CORPORATION
OF CITY WIDE HIGHWAY IMPROV. PHASE I, B-4497
AT N.W., 26 STREET UPON SATISFACTORY COMPLETION
OF SAID CONSTRUCTION
RESCIND CONTRACT AWARDED TO CARTWRIGHT VENTILA-
TION INC. (R-84-1239) FOR FURNISHING COOLING
FANS AND VENTILATION. ACCEPT BID OF ACME INDUS-
TRIAL SHEET METAL, INC.; THE NEXT LOWEST RESPON-
SIVE BIDDER.
CLAIM SETTLEMENT: S.R. STERBENZ ($71,000).
CLAIM SETTLEMENT: THERSUIS SYLHOMME ($6,000).
CLAIM SETTLEMENT: SIMEON ALVAREZ ($7,000).
CLAIM SETTLEMENT: DORA MARTINEZ AND BALTAZAR
MARTINEZ ($24,000)-.
CLAIM SETTLEMENT: DOLORES PAVON ($15,000.).
CLAIM SETTLEMENT: ANTHONY ANDOH ($7,650.00).
ACCEPT BID OF P.R.I.D.E. OF FLORIDA AT PROPOSED
COST OF $70,000 AND FEDAN TIRE COMPANY AT
$5,000 FOR FURNISHING TIRE RECAPPING AND REPAIR
SEVICES TO DEPARTMENT OF BUILDING AND VEHICLE
MAINTENANCE AT A TOTAL COST OF $75,000. AUTHOR—
IZE TO INSTRUCT THE PURCHASING OFFICER TO
ISSUE PURCHASE ORDERS FOR THIS SERVICE.
85-12
85-13
85-14
85-15
85-16
85-17
85-18
85-19
85-20
85-21
85-22
85-23
look"
lo�
DOCUM.NTINDEX,'...
%OONTINUED
DOCUMENT IDENTIFICATION
ACCEPT BID OF ELLIS TOWER COMPANY INC. AT
A COST OF $19,192. FOR FURNISHING ONE ANTENNA
TOWER, ETC., FOR INSTALLATION TO THE DEPARTMENT
OF BUILDING AND VEHICLE MAINTENANCE. AUTHORIZE
TO INSTRUCT PURCHASING OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS EQUIPMENT.
AMEND SECTION I RESOLUTION NO. 84-1030 TO CORRECT
SCRIVENER'S ERROR. ALLOCATE $35,341 AS CORRECT
ALLOCATION FOR JAMES E. SCOTT COMMUNITY ASSOCIA-
TION .
ALLOCATE $8,000 IN SUPPORT OF THE FASHION -
SPREE.
AUTHORIZE AN AGREEMENT WITH MIAMI MOTORSPORT
INC., TO ESTABLISH A PAYBACK SCHEDULE OF
$137,000. REGARDING DEBT INCURRED DURING
STAGING OF AUTO RACE EVENT.
CALL FOR SPECIAL MUNICIPAL ELECTION ON NO-
VEMBER 5TH., 1985 TO QUESTION WHETHER CITY
SHALL BE PROHIBITED FOR ENCREASING MILLAGE
RATE.
EXTEND TERM OF EXISTING AGREEMENT WITH VINCENT
E. GRIMM JR.
ALLOCATE $80,000 FOR THE RENTAL OF LIGHTING
EQUIPMENT FOR THE TELECASTING OF THE MISS
TEEN USA PAGEANT, JANUARY 1985 FROM MIAMI
CONVENTION CENTER.
ALLOCATE $45,705 TO COVER RENTAL CHARGES FOR
MIAMI CONVENTION CENTER INCURRED BY THE MIAMI
_ HOST COMMITTEE IN CONJUNCTION WITH MISS UNI-
VERSE PAGEANT OF 1984. AUTHORIZE SAID COMMITTEE
TO RETAIN THE PAYMENT OF $34,000 FROM THE
CITY OF MIAMI BEACH TO BE USED TO DEFER OTHER
PAGEANT EXPENSES.
AMEND TERMS OF CONTRACT AGREEMENT WITH MIA -
MI DADE CHAMBER OF COMMERCE/EXTEND DUE DATE
FOR PUBLISHING THE BLACK INDUSTRIAL DIRECTORY.
EXECUTE AGREEMENT WITH THE BOARD OF DIRECTORS
OF MEDICAL ARTS TRAINING CENTER, INC., FOR
COODINATION OF SERVICES IN CONNECTION WITH
EMERGENCY MEDICAL TECHNICIAN -PARAMEDIC TRAINING
PROGRAM TO BE CONDUCTED WITH TERMS/CONDITIONS
SET FORTH IN SAID AGREEMENT.
85-24
85-25
85-26
85-27
: :
85-29
85-30
85-31
85- 32
85-34
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OCUMENT�INDEX
CONTINUED
DOCUMENT IDENTIFICATION
APPROVE/AUTHORIZE THE CITY'S PARTICIPATION
IN THE AMERICAN CANCER SOCIETY/AMERICAN LUNG
ASSOCIATION GOLF CARD PRIVILEGE PROGRAM -REDUCE
COST OF GREEN FEES AT MELREESE GOLF COURSE
AND THE CITY OF MIAMI COUNTRY CLUB IN MIAMI
SPRING.
EXECUTE AMENDMENT TO AGREEMENT WITH O'LEARY-
SHAFER-COSIO, P.A., LANDSCAPE ARCHITECS/LAND
PLANNERS -PROFESSIONAL SERVICES REGARDING RENO-
VATION OF MOORE PARK.
AUTHORIZE THREE-DAY PREMIT TO SELL BEER/WINE
FOR COCONUT GROVE ASSOCIATION, INC. - 1985
COCONUT GROVE ARTS FESTIVAL TO BE HELD ON
COCONUT GROVE AND IN PEACOCK AND KENNETH
MYERS PARKS (FEBRUARY 16, 1985), ETC.
AUTHORIZE $10,000 TO COVER THE COST OF EITHER
THE DESIGN -CONSTRUCTION OF A BUST OF JOSE
MARTI IN JOSE MARTI PARK OR THE RELOCATION
OF A BUST OF JOSE MARTI FROM BAYFRONT PARK.
ALLOCATE $42,000 IN SUPPORT OF "THE SUPERSTARS
FOR 1985".
ORDER NORTH RIVER DRIVE HIGHWAY IMPROVEMENT
H-4501, AND DESIGNATE THE PROPERTY AGAINST
WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A
PORTION OF THE COST.
ORDER N. W. 47 AVENUE HIGHWAY IMPROVEMENT
H-4505, AND DESIGNATING THE PROPERTY AGAINST
WHICH SPECIAL ASSESSMENT SHALL BE MADE FOR
A PORTION OF THE COST.
ORDER BUENA VISTA HIGHWAY IMPROVEMENT -PHASE
II, AND DESIGNATE THE PROPERTY AGAINST WHICH
SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION
OF THE COST.
TRANSFER THE RIGHT-OF-WAY OF S.W. AND S.E.
1ST. STREET BETWEEN WEST 22ND AVENUE AND BIS-
CAYNE BOULEVARD TO THE JURISDICTION OF THE
STATE HIGHWAY SYSTEM AND SHOWN ON RIGHT OF
WAY PLAT TO BE RECORDED IN THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDA.
CONFIRM SELECTION OF INDIVIDUAL AS MEMBER
OF AFFIRMATIVE ACTION ADVISORY BOARD (ALMA
SUMPTER SMITH.)
RECEIVE, OPEN, READ AND REFER TO CITY MANAGER
FOR TABULATION AND REPORT BIDS AUTHORIZED
TO BE RECEIVED THIS DATE UNDER RESOLUTION
NO. 84-1326 FOR THE SALE OF $12,000,000 BOND
ANTICIPATION NOTES OF CITY OF MIAMI.
85-35
85- 36
85-37
85-39
85-40
85-41
85-42
85-43
85-44
85-45
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OCUMENTINDEX
CONTINUED
AUTHORIZE MANAGER TO IMPLEMENT AMENDMENT III
TO AGREEMENT WITH FULLER AND SADAO, P.C. FOR BAY -
FRONT PARK REDEVELOPMENT PROJECT; FURTHER
AUTHORIZING REMAINING COST OF AMENDMENT II
ETC.
AWARD SUN BANK OF MIAMI/FLAGSHIP NATL. BANK
OF MIAMI $12,000,000 BOND ANTICIPATION NOTES
OF THE CITY OF MIAMI, FLORIDA, AND SETTING
FORTH RATES OF INTEREST AND OTHER DETAILS RES-
PECTING SUCH NOTES.
ACCEPT COMPLETED WORK OF RE-GRA CONSTRUCTION
COMPANY, INC. AT A COST OF $868,559.86 FOR EAST
ALLAPATTAH HIGHWAY IMPROVEMENT IN EAST ALLA-
PATTAH HIGHWAY IMPROVEMENT DISTRICT-H-4481;
AUTHORIZE FINAL PAYMENT OF $93,112.01.
85-47
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