HomeMy WebLinkAboutCC 1984-12-20 MinutesCITY OF MIAMI
COMMISSION
INUTES
OF MEETING HELD ON
December 20, 1984
(PLANNING 6 ZONING)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G.. ONGIE
CITY CLERK
ITEM SUBJECT DECEMBER 20, 1985
N0.
1
2
3
4
5
6
7
9
9
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
RESOLUTION CONCERNING IMPROVED RELATIONS BETWEEN
METRO AND THE CITY - CONFERENCE OF ACTIVE URBAN
SCHOLARS AND STATE GOVERNMENT LEADERS.
RESOLUTION CONCERNING CONSTRUCTION OF NEW PORT
BRIDGE TO BE OPEN FOR CLEAR PEDESTRIAN AND
VEHICULAR ACCESS.ETC.
ALLOCATE $15,000 IN CONNECTION WITH STAGING OF
COCONUT GROVE ARTS FESTIVAL.
ALLOCATE $400.00 IN CONNECTION WITH KING MANGO
STRUT PARADE.
ALLOCATE $7,500 SUPPORT OF T.R.GIBSON MEMORIAL
ORATORICAL CONTEST.
DISCUSSION ITEM: PROPOSED INCREASE IN LIFE
INSURANCE PREMIUMS TO RETIREES.
ALLOW LATE SUBMISSION OF PROPOSAL FEES - R.F.P.'S
FOR SOUTHEAST OVERTOWN PARK WEST REDEVELOPMENT.
ELDERLY HOT MEALS PROGRAM.
URGE ASSISTANCE OF GOVERNOR GRAHAM REGARDING
APPROPRIATE OF D.R.I. FOR BAYSIDE PROJECT.
10 APPROVE AGREEMENT WITH MIAMI MOTORSPORTS.
11 REFER REQUEST FOR FUNDING BY "ONE ART BALLET
THEATRE" TO CITY MANAGER.
12 ENDORSE IN PRINCIPLE A PLAN FOR REHABILITATION
OF CONDEMNED PROPERTIES TO MAKE AVAILABLE FOR
LOW INCOME HOUSING, ETC.
13 AUTHORIZE AGREEMENT AMENDMENT - CONSULTING FIRM
OF BERMELLO, KURKI AND VERA, INC FOR MASTER
PLANNING SERVICES.
14 AUTHORIZE AGREEMENT: ERIC R. SISSER
LEGISLATIVE LIAISON REPRESENTATIVE.
'8 PRESENTATION TO LOMAS BROWN - FOOTBALL STAR.
15 AUTHORIZE CITY MANAGER TO APPROVE A PROPOSED
LOAN OF $300,000 FROM MIAMI CAPITAL DEVELOPMENT,
INC. TO INSURANCE EXCHANGE OF THE AMERICAS, INC.
16 CLAIM SETTLEMENT: AUTHORIZE DIRECTOR OF FINANCE
TO PAY TO STEVEN L. BALDWIN AND ROBERT M. EVANS.
AUTHORIZE PAYMENT TO LAW FIRM OF SAGE GRAY TODD
AND SIMS - DOCUMENT PREPARATION, ETC. FOR BAYSIDE
SPECIALTY CENTER.
REFER BACK TO THE ZONING BOARD AGENDA ITEMS 8
AND 9 CONCERNING AN APPLICATION MADE BY ST.
LEGISLATION PAGE
N0.
R -84 -1465 1 -2
R -84 -1466
M -84 -1467
R -84 -1468
R -84 -1469
DISCUSSION
R -84 -1470
M -84 -1512
R -84 -1472
R -84 -1483
R -84 -1477
R -84 -1478
R -84 -1479
R -84 -1480
DISCUSSION
2 -3
3 -4
4 -5
5 -6
6 -8
8 -9
9 -13
13 -1
14 -19
19 -22
M -84 -1474
M -84 -1475 22 -24
R -84 -1476
24 -25
25 -26
26 -29
29 -30
30 -31
31
20 DISCUSSION AND TEMPORARY DEFERRAL: CHANGE FOR
ZONING CLASSIFICATION 2210 S.W. 16TH STREET AND
1600 S.W. 22TH AVENUE RS -2/2 TO CR -1/7.
21 ADVANCE LOAN OF $500,000 TO GROVITES UNITED TO
SURVIVE REDEVELOPMENT OF BUILDING.
22 FIRST READING ORDINANCE: CHANGE ZONING
CLASSIFICATION 2711 -13 S.W. 27TH TERRACE FROM
RG -1/3 TO CR -3/7.
23
24
25
REAFFIRM PARKING GARAGE MANAGEMENT AGREEMENT
BAYSIDE CENTER LIMITED PARTNERSHIP ETC.
ACCEPT COMPLETED WORK -CITY WIDE C.D. TREE
PLANTING.
FIRST READING ORDINANCE: CHANGE ZONING
CLASSIFICATION 3000 -3006 AVIATION AVENUE RS -2/2
TO RO- 2.1/555.
26 DISCUSSION ITEM: RELOCATION OF LIQUOR STORE IN
BLACK BUSINESS SECTION OF COCONUT GROVE.
27 EMERGENCY ORDINANCE: ESTABLISH APPROPRIATIONS
FOR CAPITAL IMPROVEMENTS.
28 APPROVE CITY OF MIAMI CAPITAL IMPROVEMENT
PROGRAM 1984 -1990
29 APPOINTMENTS OF LATIN QUARTER REVIEW BOARD.
30 ACCEPT PLAT : - FLORENTINO PLAZA.
31 ACCEPT PLAT: NORANTONIO ACRES.
32 ACCEPT PLAT: THATCHER SUBDIVISION
33 APPOINT ORLANDO TOLEDO TO LATIN QUARTER REVIEW
BOARD.
34 REAPPOINT ARGENTINA HILLS, THOMAS R. POST,
MARTIN FINE, ANTONIO ALONSO TO BOARD OF
DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY.
35 AUTHORIZE TWO DAY PERMIT TO SELL BEER IN SOFT
CONTAINERS LATIN ORANGE FESTIVAL COUNCIL -
"FIESTA BY THE BAY ".
36 AUTHORIZE DISPENSING OF BEER IN SOFT CONTAINERS
AT NO CHARGE SAFARIS AND TOURS INC. PACE PARK.
JANUARY 30, 1985.
FIRST READING ORDINANCE. APPLY HC -3 RESIDENTIAL
OFFICE HERIRTAGE CONSERVATION OVERLAY DISTRICT
TO THE J.W. WARNER HOUSE.
38 BRIEF DISCUSSION OF ITEM 1- 3RD TIME TODAY.
CONT. TO 3 P.M.
39 MODIFICATION OF COVENANT: 4000 -40 -50 WEST
FLAGLER STREET 10 S.W. 40 AVENUE TO PERMIT
BANKING INSTITUTION.
40 4TH TIME TODAY DISCUSSION OF PROPOSED CHANGE OF
ZONING 2210 S.W. 16 STREET AND 1600 -02 S.W. 22
AVENUE FROM RS -2/2 TO CR -1/7.
41 DISCUSSION AND TEMPORARY DEFERRAL: REQUEST FOR
CLOSURE OF ALLEY 3001 -3041 GRAND AVENUE AND
33444 -3356 VIRGINIA STREET.
42 GRANT 6 MONTHS EXTENSION - CONDITION OF
DEVELOPMENT ORDER CLAUGHTON ISLAND LOW INCOME
DISCUSSION
M -84 -1482
1ST READING
R -84 -1483
R -84 -1484
1ST READING
DISCUSSION
ORD. 9939
R -84 -1485
M -84 -1486
R -84 -1487
R -84 -1488
R -84 -1489
31 -38
38 -41
41 -43
43 -45
45 -46
46 -63
63 -64
64 -66
66
66 -67
67
67 -68
68 -69
M -84 -1490 69 -70
R -84 -1491 70
R -84 -1492 71
R -84 -1493 71 -72
1ST READING 72 -73
DISCUSSION 73 -76
R -84 -1494 76 -79
M -84 -1495
79 -84
DISCUSSION 84 -90
43 AUTHORIZE FILING OF FINAL APPLICATION FOR MAJOR
USE SPECIAL PERMIT - LEJEUNE CENTER INC. 780 N.W.
42ND AVENUE.
44 UNDERTAKE CITY WIDE INDUSTRIAL STUDY R.F.P.,
OUTSIDE CONSULTANT ETC. BRING BACK MAY 1, 1985.
45 DISCUSSION: OFFER OF $40,000 TO BE USED AT CITY
DISCRETION AS A VOLUNTARY CONTRIBUTION IN
CONSIDERATION OF REQUEST FOR CLOSURE OF ALLEY -
COCONUT GROVE ARCADE, INC.
46
47
48 CLOSE ALLEY. 3001 -3041 GRAND AVENUE -3344 -3356
VIRGINIA ST. COCONUT GROVE ARCADE INC. ACCEPT
$100,000 IN CONSIDERATION THEREFOR.
FIRST READING ORDINANCE. TEXT AMENDMENT ARTICLE
20 DRIVE IN ESTABLISHMENTS.
49
50
51
52
53
54
APPOINT TONY MARINA TO BLUE RIBBON COMMITTEE TO
STUDY IMPENDING ZONING CHARGES.
FIRST READINGG ORDINANCE. AMENDMENT L SPI -3 ONLY
GROVE PLAZA LTD. CONTINUE REMAINDER OF AGENDA
17.
FIRST READING ORDINANCE. AMENDMENT "M" ARTICLE
20.
BRIEF DISCUSSION AND TEMPORARY DEFERRAL TEXT
AMENDMENRT OVERTOWN /PARK WEST.
FIRST READING ORDINANCE. AMENDMENT "F" ARTICLE
5.
FIRST READING ORDINANCE. TEXT AMENDMENT ARTICLE
28.
FIRST READING ORDINANCE. TEXT AMENDMENT ARTICLE
15 SPI - S.E. OVERTOWN /PARK WEST OVERLAY
DISTRICT.
55 FIRST READING ORDINANCE. APPLY SPI -15 SOUTHEAST
OVERTOWN PARK WEST OVERLAY DISTRICT.
56 FIRST READING ORDINANCE. ATLAS CHANGE FROM CG-
1/7, CG- 2/7, RG -3/6, RD -3/7, CR -3/7 AND CR -2/7
TO PROPOSED SPI -16 SOUTHEAST OVERTOWN PARK WEST
COMMERCIAL RESIDENTIAL DISTRICT.
57 FIRST READING ORDINANCE. ATLAS CHANGE FROM CR-
1/7, CG -3/7 TO PROPOSED SPI -16.1 SOUTHEAST
OVERTOWN /PARK WEST COMMERCIAL RESIDENTIAL
DISTRICT.
58 FIRST READING ORDINANCE.ATLAS CHANGE FROM CR-
2/7, CG- 1/777, & CR -3/7 TO PROPOSED SPI -16.2
SOUTHEAST OVERTOWN /PARK WEST COMMERCIAL
RESIDENTIAL DISTRICT.
59 AUTHORIZE R.F.P.'S FOR TIME TEMPERATURE DISPLAYS
FOR POSSIBLE PLACEMENT WITHIN SEVERAL PUBLIC
RIGHT OF WAYS.
60 EXCEPT PIECE OF PROPERTY FROM MORNINGSIDE
HISTORIC DISTRICT SECOND READING ORDINANCE.
APPLY SECTION 1610 -HC -1 HERITAGE CONSERVATION
OVERLAY DISTRICT TO MORNINGSIDE HISTORIC
DISTRICT.
61 GRANT 3% COST OF LIVING INCREASE TO RALPH G.
ONGIE, CITY CLERK.
R -84 -1497 93 -94
M -84 -1498 94 -104
DISCUSSION
M -84 -1499
M -84 -1500
R -84 -1501
1ST READING
1ST READING
DISCUSSION
1ST READING
1ST READING
R -84 -1504 153
107
107 -109
109 -113
111 -113
114 -115
116
117
117 -120
120
1ST READING 120 -132
1ST READING 133
1ST READING 134
1ST READING 135
1ST READING 136
R -84 -1502 136 -14(
M -84 -1503 146 -15,
ORD. 9940
67
68
69
70
62 ALLOCATE 1/12TH FUNDING TO CAREY TECHNICAL
INSTITUTE CENTER.
63 ALLOCATE $60,000 FOR PUERTO RICAN OPPORTUNITY
CENTER JOB SKILLS TRAINING PROJECT.
64 BRIEF COMMENTS ON MORNINGSIDE HISTORIC DISTRICT.
65 BRIEF COMMENTS OF KORN AND FERRY'S RELATIONSHIP
WITH RANDOLPH ROSENCRANTZ.
66 ACCEPT BID. F.R.E. CONSTRUCTION - EDISON HIGHWAY
IMPROVEMENT, ETC.
ALLOCATE $12,000 IN SUPPORT OF NATIONAL SEARCH
FOR CITY MANAGER -KORN /FERRY INTERNATIONAL, ETC.
GRANT 3% COST OF LIVING INCREASE TO LUCIA ALLEN
DOUGHERTY, CITY ATTORNEY
ALLOCATE $3,065 FOR IN -KIND SERVICES -JOSE MARTI
PARADE.
APPOINT JULIO QUESADA-LATIN QUARTER REVIEW
BOARD.
71 ALLOCATE $150,000 TO SENIOR CENTERS OF DADE
CO9UNTY, INC. FOR HOT MEALS PROGRAM.
M -84 -1505 154
M -84 -1506
154
155
DISCUSSION
DISCUSSION 155
R -84 = 1507 156
R -84 -1508 157
R -84 -1509 157
R -84 -1510 158
M -84 -1511 159
R -84 -1512 160
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
* * * *
On the 20th day of December, 1984, the City Commission
of Miami, Florida, met at its regular meeting place in the
City Hall, 3500 Pan American Drive, Miami, Florida in regu-
lar session.
The meeting was called to order at 9:16 O'Clock A.M. by
Mayor Maurice A. Ferre with the following members of the
Commission found to be present:
ALSO PRESENT:
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
Randolph B. Rosencrantz, City Manager
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. RESOLUTION CONCERNING IMPROVED RELATIONS BETWEEN METRO
AND THE CITY - CONFERENCE OF ACTIVE URBAN SCHOLARS AND
STATE GOVERNMENT LEADERS.
Mayor Ferre: The next presentation is a full color poster
that will be used to publicize the City of Miami. The
production was coordinated by the City's Office of Public
Information. The superimposed photos were taken by local
photographer Dianne Levenshon and the graphic design was
done by OPI artist Milton Mizell, the model is Mia Rosen.
At this time, it is my pleasure to present to :;he public
this very very nice poster.
Mayor Ferre: You will see a copy of a letter from LIST
which, as you know, LIST is a major foundation that has been
very instrumental to the Tacolcy Edison Development Center
and others and Sandy Rosenblitz whose father was the provost
of MIT and the Director of the Harvard MIT Joint Center for
Urban Studies, through her efforts we have been able to
arrange a meeting at Harvard University. They have set of
January 16th so that we can invite members of the legisla-
ture, the leadership of the Dade Delegation, and that in-
cludes Senator Roberta Fox, Senator Jack Gordon, Representa-
tive Barry Kutun, Art Simon who is the Chairman of the
Delegation? Ron Silver who is the Majority Whip in
Tallahassee to go to Harvard and meet with these people. And
the purpose of it is to figure out how we can better improve
the relationships between the City of Miami and Metropolitan
Dade County and the State Legislature for the purposes of
lobbying. What I would like to recommend, therefore, is
that the City of Miami foot the bill for this jointly with
Metropolitan Dade County. It is estimated that it would
cost close to $3,500, if I can figure $3,580 would be our
RT 1 December 20, 1984
portion of it. Do you have any objections? It has been
moved by Dawkins, seconded by Plummer that the City of Miami
jointly with Metropolitan Dade County pay up to $3,580 in
air fare and expenses so as to have a group of local govern-
ment officials and legislators go to the Harvard MIT Joint
Center of Urban Studies on January 16th.
Mr. Plummer: As well as any members of this Commission...
Mayor Ferre: And any member of this Commission that, of
course, wants to join.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
NOES: None.
RESOLUTION NO. 84 -1465
A RESOLUTION URGING MEMBERS OF THE DADE
COUNTY DELEGATION OF THE FLORIDA STATE
LEGISLATURE TO TRAVEL TO CAMBRIDGE,
MASSACHUSETTS, ON JANUARY 16, 1985,
TOGETHER WITH DESIGNATED REPRESENTATIVES
OF THE CITY OF MIAMI, FOR THE PURPOSE OF
ATTENDING A CONFERENCE OF ACTIVE URBAN
SCHOLARS AND STATE GOVERNMENT LEADERS
DESIGNED TO DEVELOP AN INSTITUTIONAL
MODEL FOR RESEARCH AND LOBBYING EFFORTS
WHICH WILL HELP IMPROVE RELATIONS BE-
TWEEN THE CITY AND METROPOLITAN DADE
COUNTY; ALLOCATING AN AMOUNT NOT TO
EXCEED $3,600 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND, TO COVER
COSTS OF AIRFARE AND EXPENSES TO BE
INCURRED BY CITY REPRESENTATIVES IN
CONNECTION WITH SAID TRIP.
Upon being seconded by Commissioner Plummer, the
resolution was passed and adopted by the following
vote-
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
2. RESOLUTION CONCERNING CONSTRUCTION OF NEW PORT BRIDGE TO
BE OPEN FOR CLEAR PEDESTRIAN & VESICULAR ACCESS, ETC.
Mayor Ferre: Now, I have a resolution that has not been
formalized yet but that was made by Marty Fine and other
members of the Downtown Development Authority wherein the
DDA took a very firm position on the question of the Port
Bridge so that it would, in the future, permit both the
Grand Prix Race to be connected between the P & 0, FEC
Property and to Bayside and for there to be pedestrian
connections of people walking back and forth. In other
words, the way that thing is coming down to ground it is
going to be a solid wall and it is not going to permit the
Grand Prix to be run. So, in talking this morning with
Ralph Sanchez and with others, if we can keep it fairly high
at the initial point and insist that they not go to berms
which is the way they are designing it now, that they go to
BT 2 December 20. 1984
•
structures, we will be able to have a connector between
these two very important properties and I think we need to
memorialize that to Metropolitan Dade County and I would
recommend that we just do it in the form of a motion this
morning and it come back in a formal resolution later on
today. But J. L., since you'll be gone then at least we'll
have the record that we're all in favor of this. Okay?
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
NOES: None.
RESOLUTION NO. 84 -1466
A RESOLUTION URGING OFFICIALS OF DADE
COUNTY, THE STATE OF FLORIDA, AND THE
FEDERAL GOVERNMENT TO ENSURE THAT THE
PROPOSED NEW PORT OF MIAMI ACCESS BRIDGE
BE CONSTRUCTED, AT THE LANDSIDE TERMI-
NUS, ON AN OPEN STRUCTURE WITH ADEQUATE
SPACE TO PROVIDE A CLEAR PEDESTRIAN AND
VEHICULAR ACCESS BETWEEN THE CITY -OWNED
FEC PROPERTY AND THE MIAMARINA /BAYSIDE
SPECIALTY CENTER PROPERTY AND TO ALLOW
EVENTS SUCH AS THE MIAMI GRAND PRIX TO
BE STAGED ON AND BETWEEN THESE PROPER-
TIES.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
3. ALLOCATE $15,000 IN CONNECTION WITH STAGING OF COCONUT
GROVE ARTS FESTIVAL.
Mayor Ferre: There is a request here by Dr. John Joffre,
Coconut Grove Arts Festival. Is Dr. Joffre here? Dr.
Joffre, is that you? All right, go ahead.
Dr. John Joffre: My name is John Joffre. My address is 173
Shore Drive South, Miami. I am here today as a member of
the Board of Directors of the Grove Arts Association which
sponsors the Coconut Grove Arts Festival. This year we are
requesting from the City the amount of $30,000 to help to
defray the cost of the festival, the major cost being...
Mayor Ferre: Doctor, let me ask you this question. Last
year, as I remember, we gave you what, $15,000?
Dr. Joffre: $16,000.
Mayor Ferre: And the year before that?
RT 3 December 20, 1984
• •
Dr. Joffre: The year before that was a little more, it has
been coming down.
Mayor Ferre: Well, isn't this, this is the art festival
here in Coconut Grove?
Dr. Joffre: This is the arts festival, the largest in the
southeast United States.
Mayor Ferre: And didn't we give you some money at the last
meeting?
Mr. Plummer: No.
Dr. Joffre: The motion died for lack of a second at the
previous meeting.
Mayor Ferre: All right, make your motion.
Mr. Plummer: Well, you can't make it, not with the freeze
on.
Mayor Ferre: The freeze can be unfrozen with exceptions and
this is one area, this is not a festival....
Mr. Plummer: I so move.
Mayor Ferre: What is it you're moving?
Mr. Plummer: I move that we grant them the same as what
they got last year.
Mayor Ferre: Second by Dawkins, further discussion?
Miller, do you want to add to that? Okay, call the roll.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 84 -1467
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.
A MOTION OF THE CITY COMMISSION AUTHOR-
IZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE AN AMOUNT NOT TO EXCEED $15,000
IN CONNECTION WITH THE STAGING OF THE
"COCONUT GROVE ARTS FESTIVAL ", PURSUANT
TO REQUEST FOR FUNDING MADE BY REPRESEN-
TATIVES OF THE GROVE ARTS ASSOCIATION,
SPONSORS OF THE EVENT; SAID GRANT REPRE-
SENTING THE SAME LEVEL OF FUNDING AS
GRANTED THEM IN CONNECTION WITH LAST
YEAR'S FESTIVAL.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
RT 4 December 20, 1984
•
4. ALLOCATE $400.00 IN CONNECTION WITH KING MANGO STRUT
PARADE.
Mayor Ferre: Now we have Glenn Terry of King Mango Strut
Parade, December 30th, in Coconut Grove. All right, sir.
Mr. Glenn Terry: I'm Glenn Terry, I live at 3800 Irvington
Avenue in the Grove. I'm here representing the people that
put on the parade, King Mango Strut. It is on the 30th of
December. We're asking for $400 worth of in -kind services,
8 policemen for several hours to put on our parade through
the middle of Coconut Grove.
Mayor Ferre: You're asking for how much?
Mr. Terry: We're asking for $400 in in -kind services to
provide for policemen to control traffic during our parade.
Mayor Ferre: Well, the problem is that we have a freeze
that we, and this is definitely a parade and a festival.
Mr. Plummer:
Mr. Terry:
Mayor Ferre:
Mr. Terry:
And we've never funded this before.
That is correct.
We've never funded you before, have we?
You never have. Our expenses have gone up.
Mayor Ferre: You see, we're going to be discussing the
policy. The problem is that your's comes up on December
30th and so we don't have time to discuss the policy with
you. $400 is not a hell of a lot. All right, make your
motion. Dawkins moves, Plummer seconds. Further discus-
sion? On the record let me say that the last time around we
said we were going to hold everything up and freeze it until
we set the policy and that was going to be done at the first
meeting I think of January. Is that correct, Mr. Manager?
Mr. Rosencrantz: We were going to try to have it ready the
first meeting in January.
Mayor Ferre: The reason why I'm making an exception in this
case is that this King Mango Parade happens December 30th
so, therefore, we won't have enough time and (2) we're
talking about 400 which is not a substantial amount and,
therefore, based on that, I would vote yes.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 84 -1468
A RESOLUTION APPROVING AN ALLOCATION OFF
$442 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, omit-
ted here and on file in the Office of
the City Clerk.)
RT 5 December 20, 1984
Upon being seconded by Commissioner Plummer, the reso-
lution was passed and adopted by the following vote-
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
5. ALLOCATE $7,500 SUPPORT OF T. R. GIBSON MEMORIAL ORATOR-
ICAL CONTEST.
Mr. Dawkins: Traditionally, we have provided funds to the
Theodore R. Gibson Oratorical Contest and I was under the
. impression that we had budgeted that amount since we were
doing it annually and they have had to postpone their finals
because they did not have the money in which to give the
trophies. So I move that we give the same $7,500 that we
gave last year, and I've checked with the Manager and the
funds are available.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 84 -1469
A RESOLUTION ALLOCATING $7,500 FROM
SPECIAL PROGRAMS AND ACCOUNTS, CONTIN-
GENT FUND, IN SUPPORT OF THE ANNUAL T.
R. GIBSON MEMORIAL ORATORICAL CONTEST
CONDUCTED BY THE PROFESSIONAL BUSINESS
WOMEN'S ASSOCIATION; SAID ALLOCATING
BEING CONDITIONED UPON SUBSTANTIAL
COMPLIANCE WITH CITY OF MIAMI ADMINIS-
TRATIVE POLICY NO. APM -1 -84, DATED
JANUARY 24, 1984.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Plummer, the reso-
lution was passed and adopted by the following vote-
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
NOTE FOR THE RECORD: Commissioner Dawkins direction to the
City Manager concerning the schedul-
ing of an item on a January agenda.
RT 6 December 20, 1984
6. DISCUSSION ITEM: PROPOSED INCREASE IN LIFE INSURANCE
PREMIUMS TO RETIREES.
Mr. Plummer: Mr. Mayor, the retired employees asked, and I
think they furnished all of you with this letter and they
would like to be recognized. Mr. Ralph Parks.
Mayor Ferre: Mr. Parks?
Mr. Ralph Parks: Ralph Parks, President of the Retirees
Association. I fully realize that this is probably very
short notice regarding the proposed increase in life insur-
ance for retirees. I'm here this morning to ask your con-
sideration with regard to any instructions you might care to
give the Manager. I would like to point out that over and
above what was stated in the letter for the benefit of the
Commissioners that might not know, the City pays all the
life insurance for current employees and nothing toward the
retirees life insurance. So under those conditions, I would
just ask you please to see if something couldn't be done to
relieve the proposed situation. I would be glad to try and
answer any questions regarding it.
Mayor Ferre: Well, Ralph, the problem is, you know, every
time we think we've licked this it crops up again. Every
time we concede something whether it is a half a point here
and every time we do something like this it is another
$300,000, now here we just gave you $300,000 last meeting
and now you've got $97,000 more. Mr. Manager?
Mr. Carlos Garcia: Mr. Mayor and members of the City Com-
mission, the fact is that the City has an insurance policy
for this coverage which just went up. Equitable is raising
their rates because we had a loss last year of close to
$100,000. We paid in premiums $632,000 and the loss was
$730,000. Although it is true that the City does not pay
directly part of the retired persons' coverage, indirectly
the City does because we have a single rate both for active
and retired employees. If we had separate rates, which we
could have, the retired employees would be two or three
times as high. The fact is that last year the loss for the
employees was only about $30,000 and the loss for the
retirees was about $700,000. What I'm trying to say is that
the experience for the retirees is 20 times as high as that
of the active employees. And in spite of that, we have a
single rate for everyone.
Mr. Parks: I would like to point out, I'm not disputing
what Mr. Garcia has stated but I'd like to point out a few
things regarding to this and amongst them is the fact that
we have no way of bargaining. The biggest thing about this
is the way it was done. We found out about this after the
letter was written. There is no way of sitting down. The
other thing is that the total amount the fully state in the
letter, as you see, you have a copy of it, the proposed
letter, that they are going to foresee the future and that
increase includes foreseeing. We, paying what the losses
were would be one thing but an increase of 56% over 2,000
retirees would be a lot more than what the losses were.
They clearly state they are anticipating and they are charg-
ing us for the anticipation. I would like them to reconsid-
er, at least sit down and talk to us or discuss it with us
in some way or with somebody so that we may know a little in
advance when these things are going to take affect and do
something about it, try to. I am very sorry to have to
bring this at such short notice, but I had no choice.
RT 7 December 20, 1984
Mr. Garcia: Well, the fact is the rates are set by the
insurance company not by the City and what the insurance
company is trying to do first is to recover the losses they
had during the past years and second is to avoid those
losses recurring again.
Mr. Parks: I fully understand that, but you have created a
position now with the City turning over the insurance for
retired policemen and retired firemen to their own separate
unions. We now have three different rates for retirees
because it is not anywhere near consistent and it doesn't
seen anywhere near justifiable at this time to, without
saying anything say we're going to raise your rates approxi-
mately $4.00 a month on life insurance.
Mayor Ferre: Somebody's got to pay for it, the problem
is... and this Commission has certainly gone out of its way
to do as much as we could for the retirees, I mean I'm open
for anything you all want to do so if somebody wants to make
a motion I'll be happy to accept it. otherwise, we move
along.
Mr. Plummer: Can we make a motion telling the insurance to
reduce the rate?
Mayor Ferre: You can make a motion saying anything, and we
do that all the time around here.
Mr. Parks: Mr. Mayor and Commissioners, I don't want you to
get the idea, any of you, that when we stand up here that we
are necessarily asking for the entire, we fully understand
that if the rates have gone up, although it was the City's
own choice to place the insurance outside, not the retirees
choice, they had no vote on it as we used to in the olden
days, but we're asking for any relief possible, not neces-
sarily total relief - I mean $2.00 would be a lot better
than $4.00.
Mr. Plummer: Ralph, you're not asking relief from the City,
you're asking it from the insurance company and you've got
to go to the insurance company if you are going to get
relief, we can't force them to set their rates.
Mr. Parks: Well, what I'm probably asking for is put it
another way, the City to make a contribution towards the
retirees which is allowable by law, not dependent, but life
insurance for retirees you can make a contribution towards
paying the premium the same way you did for current employ-
ees. Now, it need not be the same figure, we're not asking
for that, we're asking for some relief.
Mr. Plummer: I don't think there is anything we can do
about it.
Mayor Ferre: All right, Mr. Parks.
Mr. Parks: Thank you.
Mayor Ferre: Thank you, sir.
7. ALLOW LATE SUBMISSION OF PROPOSAL FEES - R.F.P.'S FOR
SOUTHEAST OVERTOWN PARK WEST REDEVELOPMENT.
Mayor Ferre: We have a request here, a resolution allowing
the late submission of proposal fees and waiving their
irregularity in said proposals submitted in response to the
RT 8 December 20, 1984
NOES: None.
request for proposals for the Southeast Overtown Park West
Redevelopment Project Phase I. How many late fees do we
have?
Ms. Dougherty: There is only one.
Mayor Ferre: Who is it, just for the record?
Ms. Dougherty: I don't know the name, but what occurred was
that Herb Bailey had told the bidder that because he was
bidding on more than parcel he would only have to pay one
bidder's fee. However, legally since he is bidding on four
parcels he is going to have to have four bidders fees which
is $20,000.
Mayor Ferre: So in other words what you're saying is it is
an honest mistake.
Ms. Dougherty: Yes, sir.
Mayor Ferre: In other words he thought that with one fee it
was enough and he really has to pay four lees.
Ms. Dougherty: Correct.
Mayor Ferre: And it really doesn't matter who the bidder
is.
Ms. Dougherty: That's right.
Mayor Ferre: Okay, does anybody have any problems with
that? Is there a motion?
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 84 -1470
A RESOLUTION ALLOWING THE LATE SUBMISSION OF
PROPOSAL FEES AND WAIVING THAT IRREGULARITY
IN SAID PROPOSALS SUBMITTED IN RESPONSE TO
THE REQUEST FOR PROPOSALS FOR THE SOUTHEAST
OVERTOWN /PARK WEST REDEVELOPMENT PROJECT
PHASE I.
(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
ABSENT: Vice -Mayor Joe Carollo
8. ELDERLY HOT MEALS PROGRAM.
Mr, Perez: Mr. Mayor, I would like to recognize, if possi-
ble, Mr. Jose Navarro from the Senior Centers of Dade County
who has a proposal that I think is something on an emergency
basis that I would like to hear.
RT 9 December 20, 19811
Mayor Ferre: All right, Mr. Navarro.
Mr. Jos& Navarro: Yes, thank you very much. Jose Navarro,
1407 N.W. 7th Street. Basically, what we have proposed to
the City of Miami is the allocation of funds to provide home
delivered meals to the physically and mentally handicapped
elderly residing within the City of Miami Limits. Basical-
ly, we have requested $198,000 to provide approximately 200
meals per day, 7 days a week to approximately 1500
unduplicated persons.
Mayor Ferre: 1500 what?
Mr. Navarro: Unduplicated persons.
Mayor Ferre: What's that?
Mr. Navarro: Different individuals will be receiving the
meals.
Mayor Ferre: Is this a hot meal program?
Mr. Navarro: It will be a hot meal program 7 days a week.
Mayor Ferre: These are delivered to the homes of people
that can't go to the center.
Mr. Navarro: That is correct. It will be only to individu-
als that are either physically or mentally handicapped or
are going through a recuperation period until they are able
to come back and participate in the regular activities.
According to statistics provided by the Area Wide Agency on
Aging, there are over 53,703 elderly residing within the
City of Miami and out of these there are approximately
15,140 living below the poverty level. The program will be
aimed to this kind of population. We will be looking for
those individuals either living alone or living below the
poverty level.
Mr. Perez: Mr. Manager, do you have any recommendation on
this program?
Mr. Rosencrantz: How much money are you asking for, sir?
Mr. Navarro: Well, basically, the original proposal indi-
cated $198,400 to serve approximately 200 meals per day.
Mr. Rosencrantz: Is this the same program that we talked
about at the last City Commission Meeting, or is this a
different one?
Mr. Perez: Yes, that's right, at the last City Commission
Meeting the person I requested formal recommendation from
you about the social service agency, you told me for this
meeting you would have an explanation, no? I think you have
studied...
Mr. Frank Castaneda: The Senior Center Program is a good
program, it is a new program, it is for meals to feed people
at their homes. They have a network in order to reach that
kind of people which are the most physically impaired kind
of people that are unable to go to eat meals at a center.
It is a good program, if the funds are available.
Mr. Perez: Did you find any funds available for that to
support some other project? Do you have any recommendation
about what we requested about the pending social agencies?
RT 10 December 20, 1984
Mr. Frank Castaneda: The Manager has found some money left
over from the Utility Tax, that there is a surplus of about
a hundred and some thousand dollars in Utility Tax. There
is about $85,000 unallocated for social programs under the
Community Development cap, there is a cap of about 15% for
social programs under Community Development. We are about
$85,000 away from that cap and there is money there availa-
ble and there is about $25,000 remaining from Revenue shar-
ing which was unallocated last Thursday night.
Mr. Rosencrantz: It would be our suggestion, Commissior.zr,
that if it is the will of the City Commission to fund this
program, that perhaps if we don't fund it at the full level
that they have requested, but that we fund it at perhaps
75% of what they have requested for the remainder of this
fiscal year.
Mr. Plummer: Well, let me ask this question: What are you
going to do about all the rest of the programs that have
been cut down that are not new programs to supplement this
one and are you going to open it completely wide open again
for all of the rest of the programs in fairness to be equal
across the board? Because you remember last Thursday, there
are programs there that were old programs that have been cut
down severely and, you know, where are you going to say yes
and where are you going to say no? I am sure, I am positive
that the minute you do this that this group received
$100,000 last year for a single shot, there were three
others and the other three are going to be in here, Mr.
Manager, and I don't know how you're going to say...
Mayor Ferre: Who were the other three?
Mr. Plummer: The Latin Chamber of Commerce.
Mayor Ferre: That's not food though.
Mr. Plummer: They're going to change it just like these
people did. Okay? The Latin Chamber, the Inter American
Chamber, Senior Citizens Center and there was one other.
Mayor Ferre: PROC. Listen, I've got to deal with that PROC
problem on a daily basis - in the morning and the after-
noon.
Mr. Plummer: They have already been calling that they want
to be reconsidered. So what I'm saying to you is...
Mayor Ferre: Yes, but the difference is this, J. L. This
proposal that Senior Centers has brought to us is a new
proposal but it is not new this week when they found out
what the rules were. They have been after this now for the
last six months and what they're talking about, as I under-
stand it, is that they want to have a program to feed people
who are in need as defined under the law. These are people
in poverty who cannot get a hot meal and they are going to
take the meal to the residents and the people that are
invalid and can't move out of their homes.
Mr. Plummer: Mr. Mayor, I have no problem. As you know, I
would go for this program before I would go for other. But
all I'm saying to you is that this Commission, if it is
going to be fair, has got to be fair across the board. This
Commission itself established a policy there would be no new
programs. Now that was our policy. And, if in fact, this
is approved then I think we've got to go back and take it
from some of the other agencies who are not providing food.
Now, there is either going to be a place that it is going to
stop or there is not going to be a place. We cannot, Mr.
Mayor, there is no way that this Commission can accommodate
RT 11 December 20, 1984
all the people of this community who legitimately need hot
meals. We can't do it.
Mayor Ferre: Well, what does the Commission want to do? Do
you want to pass this or wait until we have a full Commis-
sion? Do you want to deal with it now? I'm ready to do
whatever you want to do.
Mr. Perez: Mr. Mayor, I understand what Commissioner
Plummer has explained but I think that the credibility of
the Senior Centers of Dade County, the track record that
they have established in this community and the needs of
this service I think are great, in Christmas, especially in
this season, to try to have this kind of message to the
senior citizens of Dade County. I would like to move that
we approve the Manager's recommendation to approve this
request in 75% due to the emergency situation and I would
like to move that resolution.
Mayor Ferre: Is there a second?
Mr. Dawkins: I'm going to second the motion, and hearing
what Commissioner Plummer said, this is going to open the
flood gates but somewhere along the lines we'll have to
close it.
Mayor Ferre: Further discussion?
Mr. Plummer: Well yes, under discussion - Mr. Manager, you
are going to be then prepared to open to the other three,
you're going to find the funds just like you have for this
one? You know, that's the position we're going to be in.
Mayor Ferre: No, I'll tell you right now on the record I
will be voting against my good friends at CAMACOL.
Mr. Plummer: No, Maurice...
Mayor Ferre: I will be voting against my good friends at
the International Chamber and I will be voting against my
good friends at PROC because they have no track record, no
experience, no record of ever having been in social services
to feed poor people. These people have, they have that
track record. That is what they do. And the question is
one of need. So you know, I don't mind biting the bullet up
front and right now and on the record.
Mr. Plummer: My only last question: Is this money going to
be redistributed among the other Federal Revenue Sharing? I
mean are we going to go back and re -do that?
Mayor Ferre: No, that's not what the motion states. The
motion states that this is coming out of what funds, Mr.
Manager?
Mr. Rosencrantz: It will come from three different sources.
We have approximately $28,400 remaining in Federal Revenue
Sharing which would be available for this. We have approxi-
mately $88,500 in the Community Development Contingency Fund
that could be available for this kind of a program. The
remainder amount of money that would be needed here could
come from the Utility Services Taxes. We made estimates
early in the year and for the budget process as to how much
revenue would be generated by those taxes. Presently the
revenue is coming'in a little greater than we anticipated so
there would be some dollars there that could be used for
this purpose.
Mayor Ferre: So what you're saying is that it would not
come from ad valorem taxes.
ET 12 December 20, 1984
Mr. Rosencrantz: No, it will not come from ad valorem
taxes.
Mayor Ferre: All right, further discussion? We're ready to
vote? Call the roll.
The preceding motion, introduced by Commissioner Perez
and seconded by Commissioner Dawkins 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
SAID MOTION WAS LATER FORMALIZED AS RESOLUTION N0. 84 -1512.
ON ROLL CALL:
Mr. Plummer: Boy, that puts me in a spot. The money is
there, I'm going to vote for it but I'm also going to an-
nounce right now that I think if the other people come in
they've got to be listened to and if they can prove a track
record, I'm going to vote for the motion. I can't say no to
hungry people.
9. URGE ASSISTANCE OF GOVERNOR GRAHAM REGARDING APPROPRI-
ATENESS OF D.R.I. FOR BAYSIDE PROJECT.
Mayor Ferre: I have also a resolution before you that was
passed, and I'm sorry I got confused before when I said
Marty Fine. But Marty Fine, this thing that you have before
you, and it deals with the UDAG applications, J. L., Miller
and Demetrio. As you know - for Bayside - the Federal
Government approved the 6.1 million dollar UDAG. What has
happened in that UDAG application is that the State has now
gotten in the middle of this thing and the State now is
having a fight that Dick Pettigrew who honors us with his
presence here, distinguished former assistant in the White
House and Speaker of the House and a prominent public ser-
vant in our community, and now Chairman of the Democratic
Party in Dade County, but you might remember how bureaucrat-
ic messes occur in Washington, and what is happening here is
that here the Federal Government has granted a 6.1 million
dollars through a UDAG for Bayside to do the Park, not
Bayside, the Park and now, Tallahassee and Dr. John DeGreau
wants to have a battle with the Department of Housing and
wants to use the City of Miami as the battering ram. And
what they're saying is, all right, now, we're going to
retroactively make you go through a DRI process and we're
going to take Bayside and the Park and put them together
which is against the regulations as of now, so they're
trying to force us to do it voluntarily. But in effect,
what that does is it jeopardizes our UDAG Grant which must
be signed by the end of January. What this resolution in
effect does, as you'll see down at the bottom, it asks
Governor Graham, is urged to assist Miami in the realization
of the Bayside Project in Bayfront Park Redevelopment by
exempting them as allowed by law from any requirements that
may arise if it is determined that Chapter 380 of the Flori-
da Statutes is applicable to this project. What, in effect,
RT 13 December 20, 1984
1
•
the governor would be doing, and I hate to put it right on
his shoulders, but he is the guy that has to make the deci-
sion, is jeopardizing $160,000,000 of development in our
Park including Bayside. We're asking for the Governor to
have an urgent meeting with the City and the DDA and the
Chamber of Commerce to get this thing settled. Is there a
motion that this resolution be sent to the Governor today on
an emergency basis? Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 84 -1472
A RESOLUTION URGING THE ASSISTANCE OF GOVER-
NOR GRAHAM REGARDING THE QUESTION OF THE
APPROPRIATENESS OF A DEVELOPMENT OF REGIONAL
IMPACT APPLICATION (DRI) FOR THE BAYSIDE
PROJECT AND /OR THE BAYFRONT PARK REDEVELOP-
MENT PROJECT.
(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
10. APPROVE AGREEMENT WITH MIAMI MOTORSPORTS.
Mayor Ferre: The next thing that I have here is the Grand
Prix agreement. J. L., do you want to move this? All
right, is the administration or Ms. Dougherty ready to
explain this? Is this on the Grand Prix?
Ms. Dougherty: Yes, sir, Mr. Mayor. We have passed out a
package dealing with the Grand Prix agreement. It is essen-
tially the same agreement that you approved at your last
Commission Meeting.
NOTE FOR THE RECORD: COMMISSIONER CAROLLO ENTERED THE
MEETING AT 9 :54 O'CLOCK A.M.
Mayor Ferre:
we?
Ms. Dougherty:
sion Meeting.
Mayor Ferre:
stopped it.
No, wait a minute, we didn't approve it, did
That you had before you at the last Commis -
We had it before us and I'm the guy that
Ms. Dougherty: Right, you stopped it and pursuant to your
concerns, Mr. Mayor, we added a section into it that is
reflected in "I" on your second page. The parties both
agree that in the event the City proposes construction,
development or use of the F.E.C. tract which is inconsistent
with the race circuit, the City Manager has the authority to
require the race to be staged off the F.E.C. property.
RT 14 December 20, 1984
Mayor Ferre: Is that the only change?
Ms. Dougherty: That's the only change in the agreement.
Mayor Ferre: On the record, Ms. Dougherty, in your legal
opinion, the concern that I had was that we were in any way,
that we were extending legal rights to Mr. Sanchez and the
miami Grand Prix and Miami Motorsports, Inc. who is the
licensee, inadvertently by putting a diagram of the race
track and, in effect, giving Miami MotorSports, Inc. rights
that they previously did not have or at least strengthening
their case before a court of law?
Ms. Dougherty: Mr. Mayor, at this time, they definitely
have the right to run their race in the F.E.C. property
which previously they did not have in our opinion. They do
have that right right now. However, if you ever need to use
it you can... when you have a diagram that says from now on
they are going to be able to run in that F.E.C. property.
Mayor Ferre: That's not my question. We haven't voted on
this package yet.
Ms. Dougherty: That's correct.
Mayor Ferre: We have not voted on this package, so as of
right now this diagram is not part of any agreement.
Ms. Dougherty: That's right.
Mayor Ferre: So you are saying if we vote on this then this
diagram, in effect, becomes part of the agreement.
Ms. Dougherty: An approved circuit, yes, sir.
Mayor Ferre: This is an approved circuit.
Ms. Dougherty: Yes, sir.
Mr. Plummer: Are you speaking about Exhibit B?
Ms. Dougherty: I think it is "E" actually. It is "E ". "B"
is only for '85. "E" is from '86 on. "E" is what is re-
flected the Bayside project. So, from '86 on that is going
to be an approved race course, if you approve this agree-
ment, except that in the event that you need to use the FEC
property the City Manager has a right to require them to go
off the FEC property.
Mayor Ferre: I just want to get on the record that there is
no vested rights granted by this change that cannot be
altered by the items A through I which, in effect, give the
City of Miami a legal vehicle in which we can, in effect,
change the race course.
Ms. Dougherty: That's correct.
Mayor Ferre: And it is very carefully spelled out.
Ms. Dougherty: Yes.
Mayor Ferre: With regards to the FEC property, it is
spelled out in item I that says the City Manager has at his
sole discretion the authority to require the race to be
staged off the FEC tract. Is that correct?
Ms. Dougherty: That is correct, only in the event though
that construction is contemplated.
RT 15 December 20, 1984
Mayor Ferre: Of course, or there is some development on the
park for park usage that would conflict with this.
Ms. Dougherty: Yes, sir.
Mr. Carollo: My question is, Mr. Mayor, if we knew that, by
that I mean the City administration, that we were going to
be entering into what is now called Bayside, why in the
world then did we approve a contract that now we're going to
have to pay additional moneys to come to a compromise by
because we're bound to legally? I guess that is a hard
question since we have a new City Manager and a new City
Attorney, but, you know, I can't help but to feel there was
negligence, this is why, maybe my colleagues can understand
that I was saying back then let's not rush this contract
because now the situation we're in is that we're going to
have to pay a hefty price in order to come to an agreement
with Mr. Sanchez. It just doesn't make sense. We push a
contract and now we find that it is not the kind of contract
we should have gotten into so we're paying over half a
million dollars to correct a wrong that should never have
been there from the start. Maybe that is one that the
people by the Bay, when they write editorials can keep as a
.reference for the guy that they were always backing as City
Manager.
Ms. Dougherty: I also have passed out a resolution that
will reflect all of the changes, Mr. Mayor, unfortunately
there is one minor change, it is made by interlineation on
the resolution that you have.
Mayor Ferre: Can you tell us what that does?
Ms. Dougherty: Mr. Mayor, that is one resolution that will
approve the execution of all of the documents that you
previously approved at one time. It reflects in it all the
different documents in the Bayside agreement. If you read
the title which is in front of you, Mr. Mayor, I think it is
self - explanatory.
Mayor Ferre: All right, I think here is where we are. We
all wanted this race, the community, this was one of these
projects where everybody was in favor of this race. Nobody
opposed it. The Miami Herald editorials, the Miami News,
the television stations, the Chamber of Commerce, Jim
Hampton wrote this glowing thing that in effect said give
them anything and everything they want, etc., etc. We gave
them concessions, streets, we went to bat in the Legislature
to get moneys for bleachers, we did everything. Now, in my
opinion, this is one of the better things that has happened
to Miami in the last decade and it is a major event which,
if successful, and so far it had one bad year monitarily and
one so -so break even type of a year. Hopefully Mr. Sanchez
will make money on this and will make it a success. It is
still an ify proposition. I might remind you that in such
races as the boat races like the Championship Spark Plug
Race for years and years we kind of subsidized that, it was,
of course, smaller monies, but well, we lost money in the
stadium and it is only recently that we're beginning to
break even on that. The question is does Miami benefit in
any way by having events such as Miss Universe, by having
events such as Grand Prix come to Miami? The last Grand
Prix, there wasn't a hotel room available in the Miami area.
You couldn't get into a restaurant and for 4 or 5 days we
absolutely packed this town. Now, that helps taxi drivers,
it helps shops, it helps the business community and that, of
course, helps to stabilize the community and to make it a
healthy community. We do precious little to get back to our
former glory of tourism and this is one of the things that
hopefully will do that for us. Where we are now is there is
no question because of the contracts that were signed in the
RT 16 December 20, 1984
past that Miami Motorsports have certain vested rights. My
only concern, and the reason I stopped it last Thursday, was
to make sure that we had full understanding of what it was
that we were doing. As I told the Miami Herald reporter, I
thought that the story in yesterday's Miami Herald was a
somewhat inaccurate story because all of these things from A
to H were, in effect, negotiated by the committee headed by
David Weaver and approved by the former City Manager and
that was not pointed out in the story so it looks as if all
of a sudden all this stuff is coming out brand new - it
isn't.. Now, I might say, and I want to say on the record,
that I was called by telephone to get my opinion as to
whether I thought this was a fair compromise in that meeting
where people such as Barry Kutun who represented Mr. Sanchez
and all our own staff people in the City and our attorneys
and what have you, and everybody came to a conclusion that
this was a fair agreement that was fair to all parties. And
I certainly think now that Section "I" is in there that it
is a fair agreement and as far as I'm concerned I'm ready to
vote on it. That is just one man's opinion.
Mr. Carollo: Mr. Mayor, if we can get Mr. Sanchez to come
up, and for the record stipulate just how large an audience
.the Grand Prix has presently, I don't think the public
really is aware just how many people are seeing this in
other parts of the country and in other countries. And at
the same time, Ralph, I think that you should stipulate
just how much it is that you estimate, conservatively speak-
ing, that you will be losing. You're not going tc be reim-
bursed for the whole amount that you'll really be l.sit,a:
Mr. Ralph Sanchez: That's right. Thank you for making that
point, Commissioner Carollo. We have a letter in our files
in the office that was the ratings for the overall worldwide
audience for the Grand Prix last year and they are
considerably different than they were for the first year.
Last year's audience worldwide is estimated to be at
160,000,000 people. And just to give you an idea, the Super
Bowl is watched by 90,000,000 people. It was watched in 32
countries, all the South American countries with the excep-
tion of Paraguay picked it up. We had countries as far away
as Japan, Australia, Hong Kong, Holland, many countries in
Europe that picked it up. India picked it up. Last year
there was a survey that was done by the University of Miami
and by the Dade County Tourism Department and it showed that
we had foreign out of the country tourists, about 10,000
that came in and spent a minimum of $4,000,000 in our local
economy. The local impact, the cash input to our community
last year was $22,000,000. With regards to what the Grand
Prix is giving up, there is a number of things that the
Grand Prix is giving up. We're giving up the concession
rights, and as you know, over the years this could amount to
a lot of money. We recognize, and we don't want to stop the
Bayside project in any way, we have the concession rights
for the entire area for those nine days, seven days prior to
the Grand Prix and the two Grand Prix days. Also, we're
giving up probably the highest best selling grand stand seat
which is the one across from the marina. That is really the
only one that sold out completely last year and the one that
we've been getting the most demand for this year. That is
roughly 3,300 seats at $55 a piece, that is over $180,000
right there every year. Reflections Restaurant, the VIP
Club this year, the tickets there are going to be $300 per
person including food and so on and we had over 1400 people
last year there at the VIP Club. Also a high money maker
for us is the garage passes and because of the construction
within the next 3 years the garage being under con-
struction, we will not be able to sell as many or sell any
passes to the garage area. Last year we would 8,600 tickets
at $15 a piece. That is a hundred and some thousand dol-
RT 17 December 20. 1984
lars. Also, probably the one thing that during the negotia-
tions was really in the back of my mind the most is that by
reducing the space that the Grand Prix will have to operate
on we're really limiting the growth potential of the Grand
Prix. Like the Mayor said, we lost a lot of money the first
year, we broke even basically last year and what we're
looking at, the future of this Grand Prix depends on this
growth potential and I think we are losing a good chunk of
that growth potential but we're willing to stick it out. I
think in my opinion the bad years are behind us and what
we've got look at is the future and I think that now we have
reached a compromise which is fair to all parties and I must
say that part of the monies are coming from Rousse, the way
I understand it so ... That's another good point. The
impact fees, as they are stated in the agreement, were about
one third of the actual annual loss that I was going to
have. but I felt that I'm wiling, the City has been very
good to us over the past couple years and we will do whatev-
er has to be done to make sure that the Grand Prix stays in
the streets of Miami.
Mr. Carollo: Thank you, Ralph, I thought it was important
to set the record straight on that and I think you did a
great job in doing that. Good luck, to you, sir.
Mr. Sanchez: Thank you.
Mayor Ferre: All right, any further statements or discus-
sion or questions at this time on this matter? Yes, sir.
Mr. Billy Rolle: Billy Rolle, and I live at 3430 Williams
Avenue. I just want to ask the Commission is the freeze for
festival grants over or shall I reappear in January?
Mayor Ferre: The meeting in January we will be dealing with
a policy recommendation of the Manager. At that time we
will talk about all the festivals and parades and what have
you unless there are emergency items, in other words,'if
there are parades that occur between now and January 10th.
If you have something that is happening between now and
January 10th, we'll deal with this today.
Mr. Rolle: But I can come back.
Mayor Ferre: Oh, absolutely, yes, sir. We are now on the
Grand Prix agreement that is before us. Are there any other
questions or statements? Is there a motion?
Ms. Dougherty: Mr. Mayor, I had asked you to approve the
entire resolution, of all the packages, I have just been
advised that...
Mayor Ferre: That would include this?
Ms. Dougherty: That would include that. I have just been
advised that Rouse has not approved the language that
Commissioner Plummer wanted in connection with the casino
gambling so all we're asking you to do now is to approve the
agreement with Miami Motorsports. We will come back to you
once we have talked to Rouse again.
Mayor Ferre: Is that all right in your motion? Is there a
second? Further discussion? Call the roll.
RT 18 December 20, 1984
The preceding motion, introduced by Commissioner
Dawkins and seconded by Commissioner Plummer, 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.
SAID MOTION WAS LATER FORMALIZED AS RESOLUTION 84 -1483.
Mayor Ferre: Now let me make sure, we're voting on this
resolution. Lucia, we're voting on this resolution with the
exception ....
Ms. Dougherty: You're only going to be voting on, and I
don't have a resolution separate, we'll bring that entire
resolution back to you, just the agreement.
Mayor Ferre: Just on the Grand Prix agreement. Now, what
are we doing on this thing with Rousse?
Ms. Dougherty: That contains the contract provision that
has the casino gambling portion in it which has not bee
concluded yet so we'll bring that back to you.
Mayor Ferre: When will it be concluded?
Ms. Dougherty: Hopefully today.
Mayor Ferre: So we'll come back to it.
Ms. Dougherty: Yes, sir:
Mayor Ferre: See, Mr. Plummer announced that he is sick and
he is not going to be here this afternoon. So those items,
Mr. Manager, and Madame City Attorney, that you think re-
quire a full Commission vote, I would appreciate if you
would bring them up while we have a full Commission.
Mr. Carollo: Is that for the record that he is sick?
Mr. Plummer: For the record.
11. REFER REQUEST FOR FUNDING BY "ONE ART BALLET THEATRE" TO
CITY MANAGER.
Mayor Ferre: Is the represent of Art Ballet Theatre here?
Ms. Joe Hesch: Yes. Good morning. My name is Joe Hesch.
I live at 14051 S.W. 72nd Terrace. This is Diana Martin and
Jose Martin and we are here today representing One Art
Ballet Theatre. For the last four years we have presented
what we have always called a Children's Ballet Festival. We
have presented a ballet that was specifically written for
children and performed by children and last Tuesday we
presented this ballet at Miami Senior High School for over
2,000 Dade County School Children and we repeated this
program at the Joseph Caleb Center on Friday specifically
for Inner City...
RT 19 December 20, 1984
•
Mayor Ferre: Are these Miami children?
Ms. Hesch: Yes, these are Miami children.
Mayor Ferre: Let me ask you this question, what is your
total budget, roughly?
Ms. Hesch: $9,000.
Mayor Ferre: That is what you're asking the City, what is
your total?
Ms. Hesch: $25,000.
Mayor Ferre: Do you get help from any other entity in this
community, Metropolitan Dade County?
Ms. Hesch: We get matching funds from the State of Florida
and we get matching funds from the Dade County Board of
Education.
Mayor Ferre: How much are the matching funds?
Ms. Hesch: $2,500 from the State and $5,000 School Board,
that is for our Artist in Residence Programs that we have
established at two elementary schools in the City of Miami.
Mayor Ferre: Any other funding that you receive?
Ms. Hesch: No, private funding, whatever whatever contribu-
tions we can seek out from the private sector.
Mr. Carollo: Have you received any funding from the City
before?
Ms. Hesch: Yes, we have.
Mr. Carollo: When, last year?
Ms. Hesch: Last year we received $5000. This year we added
a second day to our program because we appeared at the
Joseph Caleb Center so we have incurred more debts. We have
begged and borrowed from everybody, we have asked anybody we
could to contribute to help us out. We went ahead with this
year with this program because we received over 3,000 reser-
vations from school children to observe our ballet and now
we are in desperate need of the funds that have been with-
drawn.
Mayor Ferre: All right, what is the will of this Commis-
sion?
Mr. Plummer: Come back in January.
Mayor Ferre: I'm asking the Commission, does anybody have
any thoughts on this? Statements? Questions? Resolutions?
Mr. Perez: First, Mr. Mayor, could I ask the Manager if we
have any availability for these funds?
Mr. Rosencrantz: Since we're talking about a relatively
small amount of funds in the whole scheme of things, I think
if it is the desire of the City Commission to try to find
money for this that perhaps we could find some funding for
it.
Mr. Carollo: Can you bring it back to the Commission in
January, Mr. Rosencrantz?
RT 20 December 20, 1984
Mr. Rosencrantx: I can attempt to do that, Yes.
Mr. Carollo: Would that give you enough time to ..►
Mayor Ferre: When is your....
Ms. Hesch: It was already completed. It was last week, we
did it twice last week. We have a history with this event,
we have done it for the past 4 years and each year we have
more and more schools attending. We have requests from
other schools to attend who have heard by word of mouth that
we are successful. We brought, I think, great deal of joy
to these children, many of whom have never experienced any
kind of culture of any sort at all except for TV which is...
Mayor Ferre: Well, we are very grateful and we thank you,
and I think, as I sense what Commissioners Plummer and
Carollo are saying is that we will deal with this in Januar-
y. That's what I sense unless somebody wants to change
that. Thank you very much.
Mr. Carollo: The next meeting in January I think is on the
10th. I'm sure you could hold on to then, couldn't you?
Ms. Hesch: We'll try, we have creditors knocking down our
doors. It has been very difficult because we have had to
... The Joseph Caleb Center where we performed on Friday,
we have to pay them immediately.
Mayor Ferre: Is that a County facility?
Ms. Hesch: Yes. They have been calling us, they need their
monies and unfortunately we do not have the money.
Mayor Ferre: How much is that, by the way?
Ms. Hesch: $350.
Mayor Ferre: $350?
Ms. Hesch: Yes, and we do not have it.
Mr. Carollo: I'll make that motion.
Mayor Ferre: Well, I'll tell you I think that $350 is not a
big item and then we can talk about the rest of it later on.
Mr. Carollo: I'll make the motion for $350, Mr. Mayor.
Mr. Plummer: Excuse me, what was the motion for?
Mayor Ferre: $350 so that they can pay the Caleb Center.
RT 21 December 20, 1984
Further discussion? Call the roll.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
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.
MOTION NO. 84 -1474
A MOTION REFERRING TO THE CITY MANAGER A
REQUEST FOR FUNDS RECEIVED FROM REPRE-
SENTATIVES OF "ONE ART BALLET THEATRE"
IN THE AMOUNT OF $9,000 REQUESTING THAT
THIS MATTER BE BROUGHT BACK TO THE
COMMISSION IN JANUARY FOR CONSIDERATION;
DIRECTING THE CITY MANAGER, HOWEVER, TO
GRANT THIS GROUP AN AMOUNT NOT TO EXCEED
$350.00 IN ORDER THAT THEY MAY PROCEED
TO PAY THE JOSEPH CALEB CENTER FOR
RECENTLY HAVING USED THEIR FACILITY IN
CONNECTION WITH THE STAGING OF THE
"CHILDREN'S BALLET FESTIVAL ".
12. ENDORSE IN PRINCIPLE A PLAN FOR REHAB OF CONDEMNED
PROPERTIES TO MAKE AVAILABLE FOR LOW INCOME HOUSING,
ETC.
Mayor Ferre: This is Item S -1 which is the Culmer /Overtown
Building. All right, Mr. Johnson.
Mr. Charlie Johnson: Mr. Mayor, City Commissioners, I'm
representing a group called "The Surtax Homeowners of Dade
County ". Our objective is to recognize the fact that in
certain areas of the City there is a problem, reference low
income housing. Our organization intends to acquire build-
ings that are condemned and rehab those units and make
those units available to low income people at very modest
prices. We are looking at using $21,000 for two bedroom
units, $17,000 for one bedroom units. We will be able to do
this through the use of Documentary Surtax Funds. We will
in the rehabilitation process, of course, remove all Code
violations, we will put on new roofs, new kitchens, baths
and additional amenities and through the documentary stamp
tax subsidy, be able to provide to those homeowners through
a condominium process decent and good quality living condi-
tions. At this point in time, we are asking for a letter of
recommendation from the City to the Dade County Surtax
Advisory Board that funds for the rehabilitation of these
properties in the City of Miami, that the Surtax funds be
provided to our homeowners and would be recommended by you
for allocation to the homeowners that will occupy our units.
Mayor Ferre: Charlie, have you gone through the administra-
tion on this? Do you have a recommendation from the admini-
stration?
RT 22 December 20, 1984
Mr. Johnson: We have spoken with Mr. Gereaux and briefly
with Mr. Castaneda.
Mayor Ferre: Do you have a recommendation for us?
Mr. Castaneda: We have not discussed this with the Manager
yet, obviously 1 think the concept is a good idea...
Mayor Ferre: Charlie, is this something that can wait until
January 10th?
Mr. Johnson: Well, we're only asking for a letter of recom-
mendation, we would have to come back to you anyway with the
details.
Mayor Ferre: Mr. Manager, if it is not a controversial
thing, is it something that we can do?
Mr. Johnson: At this point we're asking for a endorsement
of concept as a first step toward taking it through the
entire process.
Mr. Castaneda: We have no problem with that, Mr. Mayor and
Commissioners, you have to remember though, that not all
apartments that are condemned can be rehabbed and we would
want to look at each apartment once it is specific.
Mayor Ferre: Of course, that is something that would have
to come back to this Commission in more detail. This is
just a matter of very broad principle.
Mr. Johnson: That's correct, sir.
Mr. Carollo: Charlie, Talmadge isn't involved in this is
he? Talmadge Fair?
Mr. Johnson: No, he is not. Joe, you're trying to sink me.
No, he is not involved with this at all, sir.
Mr. Carollo: I have no problem with it, Mr. Mayor, I make a
motion. I think that what Mr. Johnson is trying to do is
really something very positive for this City and this commu-
nity.
Mayor Ferre: Is there a second? All right, call the roll
on S -1.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 84 -1475
A MOTION OF THE CITY OF MIAMI COMMIS-
SION ENDORSING, IN PRINCIPLE, A PLAN FOR
REHABILITATION OF CONDEMNED PROPERTIES
WITHIN THE CITY OF MIAMI TO THEN MAKE
SAID PROPERTIES AVAILABLE AS LOW INCOME
HOUSING; AND FURTHER ENDORSING IN CON-
CEPT A PLAN AS OUTLINED BY REPRESENTA-
TIVES OF "SURTAX HOMEOWNERS OF DADE
COUNTY, INC." SEEKING SUBSIDY FROM THE
DADE COUNTY SURTAX ADVISORY BOARD
THROUGH THE USE OF DOCUMENTARY SURTAX
FUNDS AS SUBSIDY FOR SAID REHABILITATION
PROGRAM IN THE CULMER /OVERTOWN AREA.
Upon being seconded by Commissioner Perez, the motion
was passed and adopted by the following vote-
RT 23 December 20, 1984
NOES: None.
ABSENT: None.
•
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
13. AUTHORIZE AGREEMENT AMENDMENT - CONSULTING FIRM OF
BERMELLO, KURKI & VERA, INC. FOR MASTER PLANNING SERVIC-
ES.
Mayor Ferre: We're now on S -3 which authorizes the Manager
to execute an agreement on the Bermello, Kurki & Vera con-
tract for planning services by increasing it $8,100.99.
Mr. Sergio Rodriguez: Sir, this amendment is in reference
to the amount of additional presentations that this firm has
been having to make before different bodies and this is the
amount that we have checked as being correct.
Mayor Ferre: This is on this Coconut Grove Study?
Mr. Rodriguez: No, this is the Dinner Key Master Plan.
Mayor Ferre: All right, is there a motion? Under discus-
sion, is this coming up tonight at 7:00?
Mr. Rodriguez: No, you mentioned last time at the meet-
ing... right, but at the previous you mentioned to Ms.
Holshouser that you might entertain the possibility of
continuing this item.
Mayor Ferre: Well, we have a member of the Commission that
is not going to be here because he is sick. So I think
we're probably going to have to continue that, as I sense
it.
Mr. Walter Pierce: Mr. Mayor, the problem is that the
public hearing is advertised for 7:00 P.M. and you'll have
to continue it at that time.
Mayor Ferre: I got you. Well, if you feel up to it and you
all want to hear it and all of that I think we can get into
it a little bit but I don't think we're going to conclude it
it, as you know. All right, we have a motion and a second
on S -3. Call the roll.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
RESOLUTION NO. 84 -1476
A RESOLUTION AUTHORIZING THE CITY MANAG-
ER TO EXECUTE AN AGREEMENT, SUBSTANTIAL-
LY IN THE FORM OF THE ATTACHED AMEND-
MENT NO. 1, AMENDING THE EXISTING AGREE-
MENT BETWEEN THE CONSULTING FIRM OF
BERMELLO, KURKI AND VERA, INC., AND THE
CITY OF MIAMI FOR MASTER PLANNING SERV-
ICES RENDERED BY THE CONSULTANT; BY
INCREASING THE AGREEMENT AMOUNT TO
$98,600.99, AN INCREASE OF $8,100.99,
FOR THE COST OF PREPARATION FOR THE
DINNER KEY MASTER PLAN.
RT 24 December 20, 1984
Upon being seconded by Commissioner Perez, the resolu-
tion 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.
14. AUTHORIZE AGREEMENT: ERIC R. SISSER - LEGISLATIVE
LIAISON REPRESENTATIVE.
Mayor Ferre: We're on S -4 which is entering into a contract
with Rick Sisser - payment of $42,000. Is this, Clark, the
same amount that we paid last year?
Mr. Clark Merrill: Yes, sir, there is no change.
Mayor Ferre: Any questions on this? Is there a motion?
Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
Upon being seconded by Commissioner X, the resolution
was passed and adopted by the following vote-
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
RESOLUTION NO. 84 -1477
A RESOLUTICN AUTHORIZING THE CITY MANAG-
ER TO ENTER INTO AN AGREEMENT, IN SUB-
STANTIALLY THE FORM ATTACHED HERETO WITH
ERIC R. SISSER, INC. FOR THE SERVICES OF
ERIC R. SISSER TO SERVE AS LEGISLATIVE
LIAISON REPRESENTATIVE, AND REPRESENT
THE CITY BEFORE ALL SESSIONS OF THE
FLORIDA LEGISLATURE HELD DURING THE TERM
OF THE AGREEMENT; FURTHER AUTHORIZING
THE PAYMENT OF $42,000 FOR SERVICES
PROVIDED WITH FUNDS ALLOCATED THEREFOR
FROM SPECIAL PROGRAMS AND ACCOUNTS.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
RT 25 December 20, 1984
Orb MO
15. AUTHORIZE CITY MANAGER TO APPROVE A PROPOSED LOAN OF
$300,000 FROM MIAMI CAPITAL DEVELOPMENT, INC. TO
INSURANCE EXCHANGE OF THE AMERICAS, INC.
Mayor Ferre: Now we're on the Miami Capital Development and
the Insurance Exchange of the Americas which is item S -5.
Mr. Manager, are we ready?
Mr. Rosencrantz: If you recall, at the last session of the
City Commission, this item, we brought it up very late in
the day and the City Commission asked that we come back.
Essentially, what this item involves is really two things.
Some time ago the City made available through Miami Capital
$500,000 to the Insurance Exchange. That Insurance Exchange
treated that as a loan, they are making the payments back to
the Miami Capital on that, they have made the payments as
they are supposed to, they are paying principle and
interest. They are in the situation now where they need an
additional $300,000. The Miami Capital has available
$300,000 that they can loan to the Insurance Exchange. As
part of making that loan, the Insurance Exchange is willing
to guarantee the full $800,000, the $500,000 previously
borrowed and this $300,000. They are willing to guarantee
that through an insurance policy and a surety policy to make
sure that the City does, in fact, get all the money back.
Mayor Ferre: What you're saying is we do not have a
guarantee now and if we go ahead with this then we will then
have the full thing properly guaranteed so that we're safe.
Mr. Rosencrantz: Yes.
Mayor Ferre: Okay. Commissioner Dawkins has a question.
Mr. Dawkins: Mr. Manager, Miami Capital was established to
assist small minority businesses, right or wrong? Well,
since you weren't here somebody else help us out.
Mr. Rosencrantz: I'm going to ask Mr. Sam Pierce to respond
to your question, Commissioner Dawkins.
Mayor Ferre: We need your name for the record.
Mr. Samuel Pierce: Samuel Pierce, I'm the Assistant
Director of the Department of Economic Development of the
City. That is correct, Commissioner Dawkins.
Mr. Dawkins: Well, how could the Insurance Exchange be
considered a small business?
Mayor Ferre: May I just for a moment, Miller? Mr. Pierce,
may I respectfully disagree. Miami Capital was established
way before any of the riots or any of the riot monies came
down and it was structured so that it would help, it would
be the economic arm of the City on a totally independent
basis in funnelling monies in those days from the Carter
administration and subsequently. Now, as it went along and
we received monies from Washington that were as a
consequence of the riots, those monies were specifically
earmarked for the affected areas but I want to just on the
record say that Miami Capital was not established and the
by -laws and the record of it is not strictly limited to the
minority community or to affected areas or to people in
poverty.
RT 26 December 20, 1984
Mr. Pierce: That is correct, Mr. Mayor.
Mr, Dawkins: Another question, Mr. Pierce. When the
Insurance Commission get its loan? Prior to the riot funds
or after the riot funds.
Mr. Pierce: The first loan document was executed on April
8, 1983.
Mr. Dawkins: Is that prior or after the riots?
Mr. Pierce: That was after ...
Mr. Dawkins: So, therefore, if we had a policy established
saying that these funds should go to small minority
businesses then we violated that policy.
Mr. Pierce: Well, let me just add, in addition to what the
Mayor said, if you look at the resolution of Miami Capital
which we have done with regard to this loan, it does not
violate the corporate resolution of Miami Capital nor does
it violate the source of funds that Miami Capital is
proposing to use for this loan. We are, therefore,
recommending because it does not violate those points, that
this loan be approved.
Mr. Dawkins: Is the total amount in the revolving fund now?
Mr. Pierce: Yes, this would require no new allocation of
funds from the City Commission, the money is there.
Mr. Dawkins: That's not my question, sir. What amount of
money do you have in the fund now, period?
Mr. Pierce: The current amount of the revolving loan fund
is allocated at 1.8 million dollars, there is some $800,000
uncommitted.
Mr. Dawkins: $800,000, well, if we give $300,000 to this
firm you've got a half a million dollars left to help other
businesses, is that correct?
Mr. Pierce: I'm sorry, Mr. Commissioner.
Mr. Dawkins: Three from eight leaves five - you've got a
half a million dollars left in the revolving fund.
Mr. Pierce: That would be correct, sir.
Mr. Dawkins: Okay, explain to me, sir, or the Manager, what
is the difference in assisting this company to stay afloat
or repay the loan or what have you, and having not helped
Mr. Reynolds with Creole Chicken to stay afloat?
Mr. Rosencrantz: I think, Commissioner Dawkins, in this
particular case that the reason that I would strongly
recommend positive consideration of this particular request
is the fact that we now have at risk well over $400,000 in a
loan. We can secure that because by granting this
additional loan they are willing to provide an insurance
policy so that loan will not be at risk nor will this loan
be at risk.
Mr. Dawkins: Okay, well, what do you have at risk with
Creole Chicken, I don't mean you, I mean Miami Capital, sir,
I don't mean you, Mr. Manager.
Mr. Rosencrantz: I understand.
RT
27
December 20, 1984
Mr. Pierce: The difference, in addition to what the City
Manager said, Mr. Commissioner, is that there has been to
date no disbursement from Miami Capital's Revolving Loan
Fund at all. The Creole Fried Chicken loan is in the amount
of $305,000 from the Revolving Loan Fund. This would be the
first disbursement from Miami Capital's Revolving Loan Fund.
Mr. Dawkins: And that loan from Creole Chicken is not
secured either?
Mr. Pierce: It is secured by equipment and land.
Mayor Ferre: Wait a minute, it is secured in a secondary
position. There are people ahead of us.
Mr. Pierce: No, sir, originally it was proposed that Miami
Capital subordinate to Southeast Bank, however, Southeast
Bank in curing a financial problem that Creole had agreed to
subordinate to Miami Capital. It leaves Miami Capital in a
very unique position.
Mayor Ferre: So in other words, at this stage of the game
in Creole, we're first?
Mr. Pierce: That's correct. It is unusual, but that's
correct.
Mayor Ferre: And we're first with the land and the
equipment?
Mr. Pierce: That's correct.
Mayor Ferre: That's terrific. I want to commend whoever
was responsible for that because...
Mr. Pierce: And we're trying to secure ourselves in this
case also.
Mayor Ferre:
Creole?
Mr. Pierce:
correct.
you're trying to do in this what we did in
Yes, sir, to improve our position, that is
RT 28 December 20, 1984
Mr. Dawkins: Thank you, Mr. Pierce.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84 -1478
Upon being seconded by Commissioner Dawkins, the
resolution was passed and adopted by the following vote-
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO APPROVE, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, A proposed
$300,000 LOAN FROM MIAMI CAPITAL
DEVELOPMENT, INC. (MCDI) TO THE
INSURANCE EXCHANGE OF THE AMERICAS, INC.
*IEA), AS EVIDENCED BY THE ATTACHED
NOVEMBER 29, 1984 LOAN COMMITMENT LETTER
FROM MCDI TO IEA, WHEREBY THE LOAN
PROCEEDS WILL BE DISBURSED FROM MCDI'S
EXISTING $1,800,000 REVOLVING LOAN FUND
AND WHEREBY A LOAN GUARANTY INSURANCE
POLICY, IN A FORM SATISFACTORY TO THE
CITY OF MIAMI " S DIVISION OF RISK
MANAGEMENT, IS TO BE OBTAINED FOR MCDI'S
EXISTING $500,000 LOAN TO IEA AS WELL AS
FOR MCDI'S PROPOSED $300,000 LOAN AND
ISSUANCE OF THE LOAN GUARANTY INSURANCE
POLICY ARE COORDINATED AND APPROVED BY
THE CITY OF MIAMI'S DEPARTMENT OF
ECONOMIC DEVELOPMENT.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
16. CLAIM SETTLEMENT: AUTHORIZE DIRECTOR OF FINANCE TO PAY
TO STEVEN L. BALDWIN & ROBERT M. EVANS.
Mayor Ferre: We're now on S -6, Steven L. Baldwin and Evans
and so on. Madame City Attorney, this is your's, I think.
Ms. Dougherty: Yes, sir, Mr. Mayor. We are recommending a
settlement in a veterans preference points, three cases for
the total amount of $18,000. The exposure in all three
cases is about $25,000 to $30,000 a piece. Essentially, the
Attorney General had opined that certain benefits be accrued
to employees as a result of Veterans' Preference Points, the
City Attorney at the time disagreed with that opinion and
the Attorney General was sustained in subsequent lawsuits.
Mayor Ferre: All right, questions, statements? Is there a
motion?
RT 29 December 20, 1984
NOES: None.
ABSENT: None.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 84 -1479
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO STEVEN L. BALDWIN THE
SUM OF EIGHTEEN THOUSAND DOLLARS
($18,000.00); AND TO ROBERT M. EVANS THE
SUM OF FIFTEEN THOUSAND DOLLARS
($15,000.00); AND TO WALTER RODAK THE
SUM OF TWELVE THOUSAND FIVE HUNDRED
DOLLARS ($12,500.00); WITHOUT THE
ADMISSION OF LIABILITY, IN FULL AND
COMPLETE SETTLEMENT OF ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, AND
UPON EXECUTION OF A RELEASE BY EACH
AFOREMENTIONED PARTY RELEASING THE CITY
OF MIAMI FROM ALL CLAIMS AND DEMANDS.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Carollo, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
17. AUTHORIZE PAYMENT TO LAW FIRM OF SAGE GRAY TODD & SIMS -
DOCUMENT PREPARATION, ETC. FOR BAYSIDE SPECIALTY CENTER.
Mayor Ferre: Now, I have here, Lucia, the request of
payment of Sage, Gray, Todd & Sims for the work that John
Pearson did in the very difficult negotiations with Rousse
on Bayside.
Thereupon Mayor Ferre read the proposed resolution into
the public record.
Mayor Ferre: On the record, Ms. Dougherty, the Law
Department has gone through this, the hours have been
confirmed and you feel that this is an appropriate
expenditure?
Ms. Dougherty: Yes, sir, Mr. Mayor.
Mayor Ferre: And this is a fair bill.
RT 30 December 20, 1984
Ms. Dougherty: Yes, sir.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
RESOLUTION NO. 84 -1480
A RESOLUTION AUTHORIZING PAYMENT OF
$54,963.52 TO THE LAW FIRM OF SAGE GRAY
TODD & SIMS FOR EXPENSES INCURRED AND
FOR PROFESSIONAL SERVICES RENDERED AS
CONSULTANT IN CONNECTION WITH THE
NEGOTIATION AND PREPARATION OF DOCUMENTS
FOR THE DESIGN, CONSTRUCTION,
DEVELOPMENT, LEASING, AND MANAGEMENT OF
THE BAYSIDE SPECIALTY CENTER, ALLOCATING
THEREFOR FROM THE SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mayor Ferre: Now that we have voted on this, Mr. Gilchrist
and Mr. Manager and Ms. Dougherty, for the record, Okay?
$50,000 is a lot of money. This was done without the
approval of the City of Miami Commission. There were a lot
of things like that in the past done where post facto we
would come back and approve what the administration had done
that had in effect put us into a fairly untenable position.
I understand, I'm not in any way questioning Mr. John
Pearson's ability or Mr. Weaver's intention's or Mr. Gary or
anybody else. All I am saying is in the future, if you are
going to go out and spend $50,000 of the taxpayer's monies
by hiring an attorney, it is this Board's responsibility and
not the administration's to make that decision and I hope
this is the last of these things that we have post facto.
18. PRESENTATION TO LOMAS BROWN - FOOTBALL STAR.
Presentation of proclamation to Mr. Lomas Brown, All
American Offensive Tackle for the Florida Gators who has
been recognized as the Best Offensive Tackle in College
Football in the Country.
RT 31 December 20, 1984
19. REFER 1K TO THE ZONNING BOARD AGENDA ITEMS 8 & 9
CONCERNING AN APPLICATION MADE &Y ST. THOMAS UNIVERSITY
The following motion was introduced by Commissioner
Dawkins, who moved its adoption:
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.
MOTION NO. 84 -1481
A MOTION REFERRING BACK TO THE ZONING
BOARD AGENDA ITEMS NOS. 8 AND 9 IN
TODAY'S AGENDA CONCERNING APPLICATION
MADE BY ST. THOMAS UNIVERSITY (AS MORE
FULLY DESCRIBED IN RESOLUTION PREVIOUSLY
PROPOSED FOR PASSAGE ON THIS DATE);
FURTHER DIRECTING THE ADMINISTRATION TO
IMMEDIATELY PROCEED TO READVERTISE.
NOTE FOR THE RECORD: AGENDA ITEM 34 WAS WITHDRAWN
AGENDA ITEM 6 WAS CONTINUED
AGENDA ITEM 32 WAS CONTINUED
AGENDA ITEMS 30 & 40 WERE WITHDRAWN
AGENDA ITEMS 17, 19 & 21 WERE
CONTINUED FOR REVIEW BY THE BLUE
RIBBON COMMITTEE.
20. DISCUSSION & TEMPORARY DEFERRAL: CHANGE FOR ZONING
CLASSIFICATION 2210 S.W. 16 STREET & 1600 S.W. 22 AVENUE
RS -2/2 TO CR -1/7.
Mayor Ferre: Now, can we move along with Item 1 now?
Proceed.
Mr. Jose Villalobos: For the record Your Honor, Jose
Villalobos from Martel and Villalobos, P.A., 1401 Ponce de
Leon Boulevard, Coral Gables, Florida, representing Jemajo
Corporation, an applicant in this matter. This was heard in
the last meeting and it was moved and seconded by
Commissioner Perez, Plummer and... I'm sorry, Dawkins and
the Mayor. This is the second reading, sir.
Mr. Plummer: Let the record reflect that at the last
meeting I did in fact second the motion for purposes of
discussion and then voted against the motion.
Mr. Whipple: Mr. Mayor and members of the Commission, I
believe you will also remember that at one point in time
there was request by Commissioner Carollo, I believe, to
have the opportunity to visit the area and I believe at the
last meeting he might not have been available to vote on
this item and that was one of the reasons I believe also for
deferral. I don't think the department needs to belabor the
point as to our objection and our recommendation against
this change of zoning. We figure it a blatant example of
spot zoning and would recommend to the Commission that they
not approve such a zoning change.
RT 32 December 20, 1984
Mr. Villalobos: Just for the record Your Honor and Mr.
Mayor and Mr. Commissioners, I would like to propose to you
certain pictures that depict the area that shows barren,
empty land. I think that our position is clear Mr. Mayor.
The Commission requested from us that we would go from door
to door. We have attempted to do that. Those in the past
that have been opposed to this project still oppose and some
three hundred and some odd signatures towards the petition
to be approved are still approving in and outside of the
circle. So, Mr. Mayor and Mr. Commissioners, I believe that
you have heard enough from us. I believe that we are doing
something good for the community. We are bring amenities
and rehabilitation to barren land that will do nothing but
enhance the area.
Mayor Ferre: All right, are there any opponents here?
Raise your hands so I can see the opponents. All right,
now, you previously... This is on second reading. I would
like to ask in the interest of moving along, that you make
your statements very clear and succinct. That you not
repeat anything that somebody else has said. If somebody
makes a statement we don't need to hear it fifteen times to
make it more true or less true. So, get right to the point.
How many of you wish to speak now and address the
Commission. All right, would you two ladies then step
forward. I understand that two of you may be speaking to
the Commission. Would now address the Commission.
Mrs. Butberger: My name is Mrs. Butberger. I live at 2250
Southwest 16th Street. Now, I have something that I would
like to say. I'm referring to the last meeting that we had
of 11/15/84 in reference to stores. Mr. Villalobos said
only commerce, no supermarkets or bakeries, small
convenience stores. I Commissioner Perez or Commissioner
Dawkins asked what is a convenience store? Mr. Villalobos
said convenience store is a store for neighbors. We are not
selling food, light store, clothing and only boutiques. I
asked for a rebuttal which you granted me Mr. Mayor. I said
a convenience store is a Farm Store or a Seven Eleven which
sells butter, eggs, bread, milk and I forgot to add beer and
wine. It is a store which is open day and night where you
drop in for an item or two and don't have to stand in a long
line in a supermarket. It is not even a hardware store.
This information is being given to you to help you consider
of the subject. I would like to read the items for the
record. I have some copies I would like to give all of you.
Ms. Gudrun Brindley: I Gudrun Brindley. I live at 2245...
Oh, sorry.
Mrs. Butberger: I am going to the item where it's marked
convenience store. Now, this comes from Webster's New
Collegiate Dictionary. The 1983 addition. It's the latest.
It says a convenient store is a noun, 1965. A small often
franchise market that is open long hours. Now, a boutique
shop and a dress store and things like that are not open
late hours. The only thing are open all those hours are
Seven Eleven, your Farm Store, Henny Penny and stores like
that. They are the ones that are open ]te hours. Now, the
second item I have is on the corner. The trend toward
mixing homes, business and recreation. In one neighborhood
may actually increase crime. William Rowe an Assistant
Professor of city and regional planning at the University of
North Carolina at Chapel Hill, said his study suggested it
i s...
Mayor Ferre: Excuse me, Ma'am, we have an emergency here.
Dr. M. A. Shoffman, is he here? Is Dr. Shoffman here? Mr.
Benjamin would like a DND injection, you have an emergency.
Go ahead, I'm sorry.
RT 33 December 20, 1984
Ms. Butberger: Said his study suggested the design of a
neighborhood might have more impact that is social
characteristics on the crime rate. We were very surprised
said Rowe. We had thought that things like the degree to
which people neighbor with each other and look out for
suspicious activity would be more important, valuable to the
crime rate, but we found the real difference distinguishing
a low and high crime neighborhoods is the physical
characteristics of the neighborhood. Rowe said mixed land
use apparently makes neighborhoods more acceptable to
criminals. Now, this was taken out of the Miami Herald on
November 27, 1984 and I want to finish off with... The
majority of residents living within three hundred seventy -
five area do not want this property rezoned for commercial
use. Thank you, very much.
Mayor Ferre: All right, the next speaker please.
Ms. Gudrun Brindley: I'm Gudrun Brindley. I live at 2245
southwest 16th Terrace. Like you said Mr. Mayor, I do not
want to repeat myself with all the reasons we have said
before. All I want to say is as our elected representatives
please say "no" to the rezoning. Thank you.
Mayor Ferre: All right, are there any other speakers at
this time? All right, then quickly sum up your case and
then we will take it for questions and a vote.
Mr. Villalobos: I will just have a representative of the
owner speak sir and then I will summarize my case.
Mr. Perez: Ok. Not to belabor the point, I would just like
to say that once again, I would like to calm the fears that
there is going to be a big shopping center or a Publix, Winn
Dixie type of thing simply because the size of the lot does
not permit it. I would like to say again, that we are
willing to run covenants with the land that will not allow
any sale of liquors or anything like that, hard liquors,
etc. There will basically be small boutique shops, barber
shops, beauty salons, t.v. repairs and t.v. sales, stuff
like that. In closing I would like to say that if you have
had an opportunity to look at the pictures find that the
land is barren. I doubt that anybody would like to build a
house or anything of the nature there. That area is in
despite need of rezoning and development and I would like
you to consider that so that the City can continue to
progress. Thank you.
Mayor Ferre: All right, sir.
Mr. Villalobos: I will make it quite brief sir. I believe
that each and everyone of the Commissioners were here at one
time or another. Commissioner Carollo wanted to take a look
at the area. I believe that he did. I think sir, that we
have a project that would enhance the community, would bring
out something pretty to barren land and to an empty lot and
I believe that we have been here, I believe five times and
the record speaks for itself. We want to thank you very
much.
Mayor Ferre: All right, questions from the Commission?
Statements?
Mr. Carollo: Mr. Whipple, are they requesting to rezone all
five of those lots there in yellow?
Mr. Whipple: That is their initial request. I believe they
volunteered to remove three of the lots to the west.
However, one of those cannot be removed or because it would
RT 34 December 20, 1984
not then provide the necessary frontage or land area by
which to have a proper zoning change. So, I believe two of
the lots... two lots to the west have been removed.
Mayor Ferre: What are you saying now? Let's speak
specific. Are you saying five and four would be removed?
Mr. Whipple: Four and five...
Mr. Villalobos: Four and five would be removed sir.
Mr. Carollo: Four and five.
Mayor Ferre: And you are talking about one, two and three?
Mr. Villalobos: That is correct.
Mayor Ferre: All right, now there are also a whole bunch of
stipulations at the last meeting that you put into the
record. 1 mean there are a whole series of legal
stipulations as to conveniences and all that... I mean... Is
that correct?
Mr. Villalobos: That is correct, sir.
Mayor Ferre: And I assume that you are willing to give the
legal document to that effect before this is...
Mr. Villalobos: The records speaks for itself and I will
address myself...
Mayor Ferre: No, not the record. You have got to...these
were voluntarily proffered by you and you have got to put
that legally and satisfy the department.
Mr. Villalobos: That will be satisfactorily and legally
recorded with the City of Miami, sir.
Mr. Carollo: If I may ask for the record, where are you
planning on building... are you planning on building next
to 22nd Avenue in the middle, towards the back?
Mr. Villalobos: We're planning to have lots 1, 2, and 3
being built into a building that would accommodate parking
coming out either from 22nd Avenue or 16th Street at this
point. It would be probably facing 22nd Avenue.
Mr. Carollo: In other words, the building would be facing
22nd Avenue.
Mr. Villalobos: That is correct, sir.
Mr. Carollo: Would it be right up close to the road or set
back? Where is your parking going to be?
Mr. Villalobos: The parking would be alongside. It would
have the appropriate set back with parking facing 22nd
Avenue and S.W. 16th Street, sir.
Mr. Carollo: What are you going to have in that last lot,
lot #3? Is that going to be parking, or what will that be?
Mr. Villalobos: That will be also part of the parking. We
have at this point, using three lots, a total of 21,400
feet, which we're going to use approximately...we will
utilize whatever percentage of zoning will require from us
llgll to use devoted to parking, sir.
= Mr. Carollo: Would you be able to volunteer a covenant that
fMNIIM — lot 3 would only be used for parking and no construction on
that?
RT 35 December 20, 1984
not....
Mr. Villalobos: Yes, sir, we are.
Mayor Ferre: Further statements, questions? Anybody want
to get up to say something?
Ms. Gertrude Marks: Gertrude Marks, 2207 S.W. 16th Terrace,
Mr. Mayor, I had understood that the covenants were going to
be presented to the City authority for review before the
decision was made. I do believe that Mr. Villalobos has had
ample time to present the covenants because he began
telling the Zoning Board July 17th and at the September 17th
meeting that he would present covenants. He has....
Mayor Ferre: Mrs. Marks, you're right again.
Ms. Marks: He had voluntarily said this to the Commission
at the first two meetings. I believe since he had already
volunteered to give them, he should have had them drafted
and he could have put them in the final form since the last
meeting.
Mayor Ferre: Mrs. Marks, you are correct that those
volunteered items that are going to be covenants were to be
in writing and presented at this Commission. If they're
Mr. Villalobos: May I address the Commission, your Honor?
It is my understanding that I cannot foresee what the
Commission will do in the future. I cannot present in the
future...in the past what's going to happen today. I will
present the covenants that I stated on the record, as soon
as I know all the covenants that the Commission wants.
Mayor Ferre: No, no, that's against the law. We can't do
that. These have to be proffered voluntarily. They are on
the record. You have proffered all of these things
voluntarily on your own. The Commission cannot demand any
of these things from you.
Mr. Villalobos: No, sir, I understand, but for instance,
one of the items was just brought out at this point was
Commissioner Carollo's inquiry whether I would voluntarily
devote lot #3....
Mayor Ferre: But that's your decision; that's not....
Mr. uillalobos: It is a question, sir, and I could not have
foreseen the day before yesterday what Mr. Carollo would be
asking of me....
Mayor Ferre: Counselor, respectfully to you, that subject
was under discussion at the last meeting. You said you had
gone on the record saying that you were willing to proffer
that covenant voluntarily. What Mrs. Marks is saying is
that the neighbors want to see that in writing before this
matter is voted upon. I'm ruling that she is accurate in
that request and I think she is entitled to that. If this
is going to happen, then I think the neighbors are entitled
to have these covenants in writing.
Mr. Villalobos: Your honor, I think that the covenants are
on the records, that I will prepare them as soon as I get
out of here and I will submit them. You can approve this
particular item on the agenda, provided that as soon as I
get out of here I draft them, because as I stated before....
Mayor Ferre: Hold on, you see the problem, counselor, is
and I'm going to turn to our local historian here and ask
Commissioner Plummer to the best of my recollection, all
gl & sl 36 December 20, 1984
these things always are done in writing before we vote.
that correct?
Mr. Plummer: Has to be because it's volunteered.
Mayor Ferre: See, legally, it has to be in writing before
we vote on it, because otherwise, after we vote on it, it
wouldn't be part of the record. So, to my recollection in
fifteen years or fourteen years around here, I do not
remember ever having voted on something like this where
there are covenants that are not put in writing before we
vote. So you are going to have to put it in writing.
Mr. Villalobos: Mr. Mayor, it was my understanding, when I
come in here, assuming this item is deferred because of
this technicality, that I come in here say two months or
one month after today, and another covenant arises, I will
have to stop then and go over again?
Mayor Ferre: No, no, there are no more covenants that will
arise. Once we vote on this, if you get three votes out of
this Commission, you have your zoning change. Legally, you
can walk away and not proffer any covenants and it wouldn't
.be binding and a court of law would rule that way. As a
consequence of that, in fifteen years that I've been here,
whenever we do a zoning change of this sort that impacts a
community, the covenants are proffered voluntarily and in
writing and they are approved by the City.
Mr. Villalobos: I would inquire from legal counsel at this
point, Mr. Mayor, I believe that my representation would
stand that I would present this covenant as the record has
spoken, as the record reflects and whether or not this would
be legal?
Mayor Ferre: Madam City Attorney.
Ms. Lucia A. Dougherty: Mr. Mayor, you are absolutely
correct in that since these are voluntarily given, you could
not revoke your zoning once given, if they were not
acceptable to the Planning staff and City Attorney. What I
suggest you do is continue this until this afternoon.
Mayor Ferre: You would have to proffer them in writing this
afternoon and then we vote on them.
Mr. Carollo: It's unfair to the neighbors, Mr. Mayor, they
came here today. They won't be able to be here this
afternoon.
Mrs. Marks: Mr. Mayor, may I address the Commission? We
have come to this meeting expecting a decision. We have
waited now seven months. The committee is in a uproar and
we are asking...I mean not the committee, the citizens of
the community, Mr. Villalobos and Mr. Perez are in their
legal right to bring this question again before the Zoning
Board and the City Commissioners. We are asking that a
decision be made this morning to disapprove their request
and that Mr. Villalobos review the request that the points
on which he agreed to present his covenants to the committee
and then bring the case if he wishes to do it, in a proper
length of time. The community demands...I shouldn't say
demand maybe, but requests a decision of the Commission, Mr.
Mayor.
Mayor Ferre: I understand, Mrs. Marks, and I think what you
are asking is not only legal and appropriate it is
historically what this Commission has always done. So, I
would say to you, counselor, that you put these things in
writing and you proffer them to the administration right now
and that time we will vote one way or the other.
Al & sl 37 December 20, 1984
1
Mr. Villalobos: What time, sir?
Mayor Ferre: Right now. I has to be done right now. I
think these neighbors are entitled to a timely decision. If
you wish to sit down with the attorney and a member of the
board and do that right now, I have no problems in letting
you have a reasonable amount of time.
Mrs. Marks: May I ask one further question? My
understanding, Mr. Mayor, is that the legal authorities have
to review the covenants and that the Planning Board....
Mayor Ferre: No, not the board, the department. We have
the Legal Department here and we have the Planning
Department here. Out of courtesy to them, I would give them
an opportunity to do so immediately.
Mrs. Marks: Thank you, sir.
THIS ITEM WAS TEMPORARILY DEFERRED.
21. ADVANCE LOAN OF $500,000 TO GROVITES UNITED TO SURVIVE
REDEVELOPMENT OF BUILDING
Mayor Ferre: Mrs. Gibson, this is a matter that has been
before the Commission. It was sent to the administration
for consideration.
Mrs. Thelma Gibson: Good morning, I'm Thelma Gibson at 3661
Franklin Avenue. Mr. Mayor and Honorable Members of the
Commission, Mr. Manager, City Attorney, and the Clerk, we
were before this Commission on July 31st, at which time you
approved in principle giving us a half million dollars to a
group called G.U.T.S., that is Grovites United to Survive.
At that time, you told us to go ahead and get a feasibility
study and come up with some plans and work with the
Community Development Department and the Manager in order to
come back before this Commission to get an approval. We
have done that and I have a feasibility study in my hand. I
have some plans to show you what this will look like when
it's finished. This is the whole project.
Mayor Ferre: Mrs. Gibson, do you have the feasibility
study? Has that been given to the administration?
Mrs. Gibson: Yes, they have had it.
Mayor Ferre: Do we have a copy of that, Mrs. Gibson?
Mrs. Gibson: I sure hope so. We've worked with it and
we've had it back for a couple of months and they have
agreed that what we plan to do is feasible. We are going to
build four stores in the front of the building. On the
first floor, we're going to have a restaurant with a lounge.
Mayor Ferre: Is the administration prepared now to give us
a recommendation?
Mr. Randolph Rosencrantz: Yes.
Mr. Frank Castaneda: We have been working with them for
approximately two and a half months already. I think that
if you look at the designs, you'll find that it's a very
beautiful and exciting building for the area. The
Commission by motion authorized us to allocate half a
million dollars for this purpose. I think it is a good
gl & sl 38 December 20, 1984
1
project. It is financially feasible. Not all the dots and
i's are crossed yet. Part of the project... we have
Monty's verbal commitment that he will put a restaurant in
the first floor. I think that would very strongly impact on
the financial feasibility of the project. The upstairs will
be utilized for teenage dances. I think not only would that
be financially feasible, but it would create additional
business for the restaurant. It also will provide a place
for recreation for the teenagers in the area.
Mayor Ferre: Is the $500,000 on a loan basis? How is that
structured?
Mr. Castaneda: The $500,000 will be a first mortgage on the
property. It will be structured more or less the same way
we structure the UDAG program. It is a 3% loan amortized
over 30 years with a call on year 15. Then, after that, we
participate in the profits with the developers at twenty -
five per cent for the thirty and seventy -five per cent for
the developers.
Mayor Ferre: Is the developer a non-profit organization?
Mr. Castaneda: The developer is Grove United which is a for
profit entity.
Mayor Ferre: For profit?
Mr. Castaneda: Yes it is.
Mrs. Gibson: We had already had that cleared with the
attorney that this was profit, Mr. Mayor. It's a loan now.
We are not getting a grant.
Mayor Ferre: I understand Mrs. Gibson.
Mrs. Gibson: And I think the newspaper picked up on the
fact that those people thought you were giving us a grant.
We are asking for a loan.
Mayor Ferre: Well, a three per cent loan is as close to a
grant as you can get Mrs. Gibson.
Mrs. Gibson: Let's not have the paper misconstrue that,
because it is a loan and we are going to pay it back and we
are going to be partners with the City, which makes all the
difference in the world. We already have a produce market
going in there. We already have a bakery going in and we
are going to have a restaurant going in.
Mayor Ferre: Do we know all the principles, Mrs. Gibson?
Mrs. Gibson: Yes, you do.
Mayor Ferre: Are they on the record?
Mrs. Gibson: Yes, sir.
Mayor Ferre: How many principles are there?
Mrs. Gibson: We have twenty members of...
Mayor Ferre: Twenty members.
Mrs. Gibson: Yes.
g1 & sl 39 December 20, 1984
Mayor Ferre:
Mrs. Gibson:
Mayor Ferre:
Mrs. Gibson:
Are they all residents of the City of Miami.
All but four.
All but four.
Do any of them have more than fifty...
Mrs. Gibson: Two out of that four do business in the City.
They have businesses in the City.
Mayor Ferre: Does anybody have more than fifty per cent?
Mrs. Gibson: No, no, we all have one share.
Mayor Ferre: One share. So, that's twenty people with one
share equally.
Mrs. Gibson: Yes, right.
Mayor Ferre: Now, is there an agreement like other
contracts that we have that before any member sells that
share that they have to come before the City of Miami
. Commission for approval.
Mr. Castaneda: We could put that and that is the kind of
wording that we tend to put in every agreement for a UDAG
and we were thinking of using the same set up.
Mayor Ferre: Does this item have the recommendation of the
administration?
Mr. Castaneda: Yes, it does with one condition. This
project is anticipated to cost right now around seven
hundred thousand dollars. We are expecting a two hundred
thousand dollar commitment from Metropolitan Dade County for
the balance. Obviously, they would have a second position.
That commitment is no firm yet. So, what we are
recommending is to provide the loan, but no funds would be
dispersed for the actual rehab until that commitment is
obtained.
Mayor Ferre: Plus, I think we have to approve the final
document or final contract before... in other words, we
would be voting on this, but not in final form. The
contract has to come before this Commission.
Mr. Castaneda: We will come back with the contract.
Mrs. Gibson: What we are really asking today is that we get
two hundred thousand dollars, so that we could pay for the
corner lot which is by your appraisal eighty thousand
dollars, plus twenty -five thousand for...
Mayor Ferre: But Mrs. Gibson, I think what the
administration has just said is that this whole item is
conditioned on an approval by Metropolitan Dade County.
Mrs. Gibson:
dollars now.
Mayor Ferre:
dollars if
approval.
Well, how can we get the two hundred
we don't have Metropolitan Dade
Yes, but that we get the two hundred
thousand
thousand
County's
Mr. Castaneda: What we were stating was that we would enter
into contract for a half a million of which funds could be
dispersed for the actual acquisition, but on funds would be
dispersed for the rehab until that commitment is in place.
gl & 81
40 December 20, 1984
Mayor Ferre: Who would own the property if we advanced two
hundred thousand and then Metropolitan Dade County turns us
down, then what are you going to do?
Mr. Castaneda: We would own the property in effect.
Mayor Ferre: So, in other words the City is buying the
property until the whole thing is in place?
Mr. Castaneda: Right.
Mayor Ferre: I see. And the administration is recommending
this?
Mr. Rosencrantz: Yes.
Mayor Ferre: All right, any other questions?
Mr. Plummer: So, move.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion, call the roll.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 84 -1482
A MOTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO ENTER INTO CONTRACT WITH
"G.U.T.S. ", A FOR PROFIT CORPORATION, IN
CONNECTION WITH A CITY LOAN IN THE
AMOUNT OF $500,000, AT THREE PERCENT
(3 %), TO BE AMORTIZED OVER 30 YEARS, FOR
A JOINT PROJECT BETWEEN THE CITY AND
G.U.T.S. (GROVITES UNITED TO SURVIVE);
FURTHER ACCEPTING A FEASIBILITY STUDY
WHICH THE GROUP HAD BEEN REQUESTED TO
OBTAIN IN CONNECTION WITH THE PROPOSED
DEVELOPMENT OF FOUR STORES IN THE FRONT
OF THE BUILDING; A RESTAURANT ON THE
FIRST FLOOR WITH A LOUNGE; ETC.; SAID
DEAL STRUCTURED, GENERALLY, AS FOLLOWS:
THE $500,000 TO BE LENT BY THE CITY
WOULD BE IN THE FORM OF A FIRST MORTGAGE
ON THE PROPERTY TO BE OBTAINED; AFTER
YEAR 15 THE CITY WOULD PARTICIPATE IN
THE PROFITS WITH THE DEVELOPER ( "GROVE
UNITED ") AT 25% FOR THE CITY AND 75% FOR
THE DEVELOPER: FURTHER STIPULATING THAT
FUNDS SHALL BE DISBURSED ONLY IN
CONNECTION WITH THE ACQUISITION OF
PROPERTIES, BUT NO FUNDS SHALL BE
DISBURSED IN CONNECTION WITH THE ACTUAL
REHAB ASPECTS OF THE DEAL UNTIL AND
UNLESS A $200,000 COMMITMENT MADE BY
METROPOLITAN DADE COUNTY TO WHICH THIS
DEAL IS SUBJECT- COMES THROUGH; AND,
FINALLY, STIPULATING THAT AN ADVANCE OF
$200,000 BE MADE IN CONNECTION WITH THE
ACQUISITION THE CORNER LOT, AS MORE
FULLY EXPLAINED DURING PRESENTATION MADE
ON THIS DATE; LASTLY REQUESTING THE CITY
MANAGER TO BRING BACK THIS CONTRACT FOR
THE CITY COMMISSION FINAL REVIEW AND
APPROVAL.
gl & 81 41 December 20, 1984
NOES: None.
ABSENT: None.
ONO
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
22. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
2711 -13 S. W. 27 TERRACE FROM RG -1/3 TO CR -3/7.
.Mayor Ferre: Are we ready on Item 1? If not, if we will
not get to Item 3. We are now on Item #3. Mr. Kavanaugh.
Mr. Dan Cavanaugh: Good morning Mr. Mayor and members of
the Commission. My name is Dan Kavanaugh. My office is
located in Coconut Grove, 2964 Aviation Avenue and we are
here this morning on Item #3, which is a request for a
change of zoning for the property which Mr. Whipple is just
now putting on the board. I have just a few brief remarks.
Mr. Carollo those photographs are there. I think there are
enough to pass on down. They are all the same.
Mr. Carollo: Oh, they are all the same?
Mr. Cavanaugh: Yes. You have an eight by ten photograph
there showing you the property in question. As you look at
the photograph, the lot for which we are requesting rezoning
is located to your right and the photograph is taken from
the back yard of the property looking across the street
toward the Metro Station and it gives you a good idea of the
proximity of the property in question to the Metro Station.
On the left side of the photograph as you look at it is the
existing commercial structure on the corner of Southwest
27th Avenue and 27th Terrace. Now, the State Comptroller
has granted a bank charter for the establishment of a bank
on that corner, 27th Avenue and 27th Terrace. The bank is
the Grovegate Bank and if I may, I would like to take just a
quick minute to introduce to you four of the bank's nine
directors who are here this morning.
Mayor Ferre: All right, sir.
Mr. Cavanaugh: First Mrs. Goldie Goldstein who is here. If
you would stand up Mrs. Goldstein please, who is accompanied
by her husband Mr. Saul Goldstein. Mr. Elliott Diner who is
a member of the board and also Mr. Lester Pancoast and
myself.
Mayor Ferre: Well, those are five distinguished Miamians.
Mr. Cavanaugh: Well, thank you.
Mayor Ferre: Dan in the interest of time. Are any
objectors to this present? As I understand it this is a
matter that is on first reading, in other words it would
have to come back on second reading. It was approved by the
department and was unanimously approved by the Zoning Board.
& si 42 December 20, 1984
There don't seem to be any objectors present at the time.
Is there any further discussion on this or any questions?
Mr. Plummer: I move Item 3.
Mayor Ferre: Plummer moves Item #3, is there a second?
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez, is there further discussion
on 3? Read the ordinance please. Further discussion, call
the roll.
AN ORDINANCE ENTITLED-
NOES: None.
ABSENT: None.
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 9500, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY APPROXIMATELY 2711 -13
SOUTHWEST 27TH TERRACE, MIAMI, FLORIDA,
(MORE PARTICULARLY DESCRIBED HEREIN)
FROM RG -1/3 GENERAL RESIDENTIAL (ONE AND
TWO FAMILY) TO CR -3/7 COMMERCIAL
RESIDENTIAL (GENERAL) BY MAKING
FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 111 OF
SAID ZONING ATLAS MADE A PART OF
ORDINANCE NO 9500 BY REFERENCE AND
DESCRIPTION IN NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by
Commissioner Perez and passed on its first reading by title
by the following vote-
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
The City Attorney read the ordinance into the public
record and stated that copies had been furnished to the City
Commission and that copies were available to the public.
23. REAFFIRM PARKING GARAGE MANAGEMENT AGREEMENT BAYSIDE
CENTER LIMITED PARTNERSHIP ETC.
Mayor Ferre: Is Item 1 ready to come back to us? If not we
do have an agreement according to Mrs. Dougherty now on the
casino language. Ms. Dougherty are you ready to tell us
what the language is on the casino. The alternative
recommendation that the Rouse Company has recommended.
Ms. Dougherty: Yes, sir, Mr. Mayor. The casino language
presently as agreed to by both parties at the last meeting
was "developer may not use the improvements or any portion
g1 43 December 20, 1984
of lease premises for casino gambling purposes without prior
consent to the City which may be unreasonably withheld. The
language which may be unreasonable withheld has been deleted
and inserted instead and if the City shall consent the party
shall in good faith negotiate appropriate modification or
amendment to this agreement which shall result in a return
to the City in excess of thirty -five per cent of net income
available for distribution." Commissioner Plummer has
agreed to that language and so has Rouse and if it's
acceptable to the Commission you may approve the resolution
that was previously distributed this morning.
Mayor Ferre: In other words, what they are in effect saying
is that if casino gambling comes in and they want to put a
casino there we cannot unreasonable deny them that right.
However, there would be a renegotiation on what we would
make out of it and it would be more than thirty -five per
cent.
Ms. Dougherty: Yes, sir, Mr. Mayor.
Mayor Ferre: So, if in other words we wanted to put a
casino immediately adjacent to it and they said that we
would get fifty per cent, but on the casino next to it we
get a seventy -five per cent we would therefore, put our
casino denying their casino.
Ms. Dougherty: If it's...
Mayor Ferre: Unless they met and paid us seventy -five per
cent.
Ms. Dougherty: Yes, right.
Mayor Ferre: Ok. I just want to put that in the record in
case. Is that acceptable to you J. L.? Anybody else have
any problems on that? All right, with that stipulation are
we now ready to vote on this resolution reaffirming the
approval of the Parking garage management agreement between
the department of Off Street Parking and Bayside Center
Limited Partnership and the rest of the resolution that's
before us as amended? Is there a motion?
Mr. Carollo: Move.
Mayor Ferre: All right, moved by Carollo is there a second?
Mr. Carollo: Is Mr. Weaver recommending this too or...
Ms. Dougherty: He hasn't been involved in this portion of
the negotiations.
Mayor Ferre: Seconded by Plummer, further discussion, call
the roll.
gl 44 December 20, 1984
NOES: None.
gl
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
RESOLUTION NO 84 -1483
A RESOLUTION REAFFIRMING THE APPROVAL OF
A PARKING GARAGE MANAGEMENT AGREEMENT
BETWEEN THE DEPARTMENT OF OFF STREET
PARKING AND BAYSIDE CENTER LIMITED
PARTNERSHIP, THE PROPOSED MINORITY
PARTNERS OF THE BAYSIDE CENTER LIMITED
PARTNERSHIP, THE SUPPLEMENTAL AGREEMENT
AND THE AMENuMENT TO THE EXISTING
LICENSE AGREEMENT REGARDING THE MIAMI
GRAND PRIX, IN SUBSTANTIALLY THE FORM
ATTACHED, AND AUTHORIZING THEIR
EXECUTION BY THE CITY MANAGER; AND
APPROVING AND AUTHORIZING THE EXECUTION
OF THE FOLLOWING AGREEMENTS, IN
SUBSTANTIALLY THE FORM ATTACHED: (A)
THE LEASE AGREEMENT BETWEEN THE CITY AND
BAYSIDE CENTER LIMITED PARTNERSHIP ON
BEHALF OF ROUSE- MIAMI, INC., AN
AFFILIATE OF THE ROUSE COMPANY OF
COLUMBIA, MARYLAND (HEREINAFTER REFERRED
TO AS "BAYSIDE CENTER LIMITED
PARTNERSHIP "), FOR THE PLANNING AND
DESIGN, CONSTRUCTION, LEASING AND
MANAGEMENT OF THE BAYSIDE SPECIALTY
CENTER TO BE LOCATED ON CITY -OWNED
PROPERTY; (B) THE LEASE AGREEMENT
BETWEEN THE CITY AND BAYSIDE CENTER
LIMITED PARTNERSHIP FOR THE PLANNING AND
DESIGN, CONSTRUCTION, LEASING AND
MANAGEMENT OF PARKING GARAGE AND SURFACE
FACILITIES IN CONNECTION WITH THE
BAYSIDE SPECIALTY CENTER TO BE LOCATED
ON CITY -OWNED PROPERTY; (C) THE
AGREEMENT BETWEEN THE CITY AND THE
DEPARTMENT OF OFF- STREET PARKING TO
REIMBURSE THE DEPARTMENT IN THE AMOUNT
OF $80,000 FOR LOSS OF REVENUES CAUSED
BY THE ELIMINATION OF PARKING METERS TO
CONSTRUCT THE PARKING GARAGE AND SURFACE
PARKING FACILITIES IN CONNECTION WITH
THE BAYSIDE SPECIALTY CENTER; AND (D)
THE MINORITY PARTICIPATION AGREEMENT
BETWEEN THE CITY AND BAYSIDE CENTER
LIMITED PARTNERSHIP, ALL OF WHICH
INCORPORATE CHANGES PREVIOUSLY MADE BY
THE COMMISSION.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Plummer, the
resolution was passed and adopted by the following vote-
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
45 December 20, 1984
g1
ABSENT: None.
24. ACCEPT COMPLETED WORK - CITY WIDE C.D. TREE PLANTING
Mayor Ferre: Mr. Recio has asked that he cannot be here
this afternoon on Item 39 and I think it's a non-
controversial item. Would you now turn to item 39, which is
accepting the completed work of Recio and Associates for the
City Wide Community Tree Planting Phase III, final payment
of nine thousand five eighty -nine and ninety cents. Is
there a motion?
Mr. Carollo: Move.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion on Item 39, recommended by
the administration, call the roll.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
NOES: None.
ABSENT: None.
RESOLUTION NO. 84 -1484
A RESOLUTION ACCEPTING THE COMPLETED
WORK OF RECIO & ASSOCIATES, INC. AT A
TOTAL COST OF $95,899.00 FOR CITY -WIDE
COMMUNITY DEVELOPMENT TREE PLANTING -
PHASE III AND AUTHORIZING A FINAL
PAYMENT OF $9,589.90
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Perez, the
resolution was passed and adopted by the following vote-
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOTE FOR THE RECORD: AGENDA ITEM 6 WAS CONTINUED TO JANUARY
24, 1985.
25. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
3000 -3006 AVIATION AVENUE RS -2/2 TO RO -2.1/5
Mayor Ferre: We are now on Item #4.
46 December 20, 1984
Mr. Whipple: Mr. Mayor and members of the Commission, the
Planning Department recommends denial of this request of
change of zoning. As you will note on the map before you we
feel this change of zoning encroaches into a substantially
and well maintained residential area and because of that
encroachment we feel it has an adverse impact upon these
residential units. If you will know also in the map that
care has been taken to maintain only the office and multiple
family residential use on properties fronting on 27th
Avenue and we suggest to the Commission that the subject
property in fact does not front on 27th Avenue, fronts on
Aviation and Inagua and for these reasons we believe this
requested change of zoning should be denied.
Mr. Campbell: Mr. Mayor, if I may. George Campbell
representing the Department of Public Works. I can only
reiterate what Mr. Whipple has said. We agree with that in
addition... if is our opinion that the impact of this
rezoning - -- potential impact of this rezoning on the
infrastructure, particularly in the area of sanitary sewers
would be detrimental or negative to the city. Our view is
that this is not a last ditch thing here. This could
engender a continued request for rezoning easterly along
_Bird Road there which would be lots 1, 2, and 3 in that
block 12 and whatever other lots in that same ownership. So
that we can foresee a continued request for this kind of
change of zoning and we are opposed to it.
Mayor Ferre: All right, from the land owner.
Mr. Al Cardenas: Thank you, Mr. Mayor and members of the
Commission. My name is Al Cardenas. I'm an attorney here
in the City of Miami and I represent the applicants Arthur
and Mary Ann Stifel and the prospective purchaser of this
site, Mr. Ornando Carello. When we went before the Zoning
Board where this matter was recommended to you for approval
by a 5 to 2 vote, we at that time stated the following;
that if the members of the Zoning Board felt after our
presentation that our request or application would set a
precedent in the area of Aviation Avenue to commercialize
Aviation Avenue they ought to vote against us. If they felt
that what we were requesting is to correct what was
incorrect from a planning standpoint in so far as the
divisory line, they ought to vote for us. And I would like
to very briefly make that presentation because the Zoning
Board certainly overwhelmingly felt that our case was
presented properly and that we were not setting a precedent
to commercialize Aviation and I would like to at this time
restate that argument and we feel it's a solid one. Let me
if I may distribute amongst you an aerial shot of this
property. I know all of you are familiar with it, but it
would help me in my presentation to familiarize you with it.
What we are talking about is a parcel of property which is
approximately seventeen thousand square feet, about one
third of an acre in size. It's the property that is
indicated with my pen in dark grey large squares on this
rendering here. Let me if I may run through this area, this
scenario to show what I am talking about. The Planning
Department takes the position that if you are not fronting
on 27th Avenue, you ought not have the proposed zoning of
RO -2.15, that that's a critical criteria for such zoning.
Let me show you why that is not the case and why that has
never been the case in this area. This SPI -12 district. As
you will recall that's a historical piece of property that
is categorized SPI -12. It's the only such category that the
City of Miami has for that parcel. It's a planned office
development project. It does not front on Southwest 27the
Avenue. There is a divisory island here and here. This is
a right of way. It is not 27th Avenue. Further along and
this is where I think the case is well made that you really
gl 47 December 20, 1984
gl
have a precedent established to such an extent that it would
be almost unreasonable to not zone this property according
to our request. You have an island here. This island faces
on 27th Avenue. This parcel here is owned by Mr. Patto., who
is here today. It is currently not being used for
commercial purposes. Adjacent to this parcel of property
and we take the position, not on 27th Avenue, but fronting a
right of way, is an existing office building which has
ingress and egress to Aviation Avenue and it has ingress and
egress through Inagua Avenue. I represent the folk in this
island next to it. It is currently zoned R -2.15 in this
parcel here. If it is already zoned R0 -2.15 in this parcel
here that I am pointing at with a dark charcoal grey area
and it is already... that's known as lot 9. Lot 11 is
already so zoned. Lot 9 is already so zoned. Lot 10 owned
by Mr. Carello who is here today is already zoned RO -2.15
and parts of lots 18 and 19 are already zoned RO -2.15. What
I'm here to request from you today is that you zone lot 8
and zoned the remainder of lots 18 and 19 R0 -2.15 so that
this complete island structure here has the same zoning
treatment that you have given to this island here. That is
what this request is about today. Now, let me tell you what
we have looked at. We heard from the folks in the
neighborhood who are concerned and rightfully so, about the
prospect that if a precedent is indeed set, that they would
have their Aviation Avenue which they so dearly care for
commercialized and commercial traffic going to that area.
The only place that right now has commercial access, because
if it's an office building to Aviation Avenue, is this
existing structure there. What we have in mind and let me
say to you that I'm...
Mayor Ferre: When you say this it would be three in red up
there. Is that correct?
Mr. Cardenas: That's correct Mr. Mayor. What we have in
mind and this proposed rendering as you know can have no
affect on your voting to rezone this parcel, but there are
some covenants which we would be willing to proffer by the
second reading which might have a bearing on the subject
matter and let me go over it with you. This is an
architect's rendering of the existing five story office
building, of course, it does not taken into consideration
this parcel which is zoned, I said again, by a separate
owner. This is the existing structure also owned by the
same gentleman who owns this piece here, Mr. Patton. And
this is a proposed structure that our clients have in mind
erecting. Now, what interesting is that the ingress and
egress which it shows -- -this rendering shows on Inagua
Avenue is already on property that is zoned commercial. RO-
2.15 and rightfully so on Bird Road it is also currently
zoned R0 -2.15. So the ingress and egress that we have here
are on properties which already zone what we are requesting
for the rest of the property. We would be willing after
listening to the comments of the neighbors in that area and
we thought they were good comments at the Zoning Board
hearing. We would be willing by the second reading to
proffer voluntarily a declaration of restrictive covenants
to the City Attorney, which would in fact do the following;
they would provide that there will be no ingress and egress
on Aviation Avenue, which is a major concern of these folks
and would provide there will be a setback situation with
landscaping that would create what we consider to be a
proper buffer zone. That ladies and gentlemen in the
audience is a lbt more appropriate we feel than what's
already here in the existing building structures, because
they do have access to and from Aviation Avenue. Now, there
are other things that we have been talking about with them,
but basically we feel that a structure which will be erected
on less than seventeen thousand square feet of property
48 December 20, 1984
would not tax the public services that are provided for in
this community considerably as you know. Second, we don't
feel there is a precedent set and it's very important that
we here these three words, because that's what will
differentiate this from future zoning applications. This
particular parcel which we seek a rezoning for is not
adjacent to any residentially zoned property. It is an
island... it would encompass an island in and of itself all
with the same classification that this island has. It would
have two owners just the same as this one does which is
immediately across the street in Inagua. We are not
adjacent to any property and I think if and when a motion is
made to approve this on first reading it should be clarified
that we are not adjacent to any residential property and
that I think would clarify the issue of whether a dangerous
precedent is being set.
Mayor Ferre: Excuse me, for a moment. Ladies and
gentlemen, it's now almost twenty minutes to twelve. It's
my opinion that we will not get beyond this item, which is
going to be heard until it's conclusion and we have Item 1
still pending, which we will hear before we break. Those of
you that are here on any other item other than Items 1 and
. Items 4, we will be reconvening at 2 O'clock.
Mr. Carollo:
Mayor Ferre:
Mr. Carollo:
No, no, at 3 O'clock.
There is no way we can convene at 3.
We are going to be breaking at 1 probably.
Mayor Ferre: Oh, ok. All right, 3 O'clock. Anybody have
any objections to convening at 3? Any objections to 3? We
will be reconvening at 3 O'clock. Right here. So, on any
other items other than 1 and 4, please return at 3 O'clock.
All right,...
Mr. Cardenas: Mr. Mayor and Commissioners, that basically
handles my presentation. Of course, we would like the right
to rebut with some positive comments after the neighborhoods
opinions on the issue. Thank you.
Mayor Ferre: All right, now to the opponents. The Chair
recognizes Joanne Holzhauser.
Ms. Joanne Holzhauser: I am Joanne Holzhauser, 4230
Ingraham Highway, Coconut Grove. I'm President of the
Coconut Grove Civic Club. I would like to point out in the
first place that your kits tells you that there were eight
objections by mail, sixteen opponents at the meeting and
that does not indicate that among those sixteen opponents
were representatives of the Coconut Grove Civic Club and the
Tigertail Association and between the two us we now
represent over one thousand people who live in this area of
Coconut Grove and as you all know, we are vitally
interested. I don't think it's necessary for us to trot out
all of our membership for every single board meeting and
every single commission meeting for you all to believe that
when we say we represent that many people we do. I know
that the package can't exactly reflect that, but I think it
might be nice if the packet would reflect when the objectors
do include representatives of recognized groups with a
recognized constituency. First I would like to state that
Mr. Cardenas speaks of adjacent to. I can remember a long
fight we waged several years ago and we lost and by the way,
the property is still sitting vacant I believe across from
the Fire Station on Virginia and Oak and as I recall the
position then was that that zoning change was appropriate
because it was adjacent to governmental use and business use
and you all in your infinite wisdom rezoned for that
gl 49 December 20, 1984
applicant and so I think that his indication that this is
not adjacent use is very very questionable. I believe you
will find that in must cases that is considered adjacent
use directly across the street. He brought the issue of the
property north of this what is referred to generally as the
Gifford property. You all will remember I am sure that you
were not asked to rezoned that property. It is true, it's
an historical designation. It was not a rezoning gentlemen.
It was zoned for that in 1964 and all you did was review on
the basis of some other requests to build or an owner was
asking. By the way the applicant in this case is not even
the owner of the property. So there is no hardship. If
they don't get this and they don't buy it, you know,
somebody else I think will do it. You are not ruling on the
picture. If you grant the change of zoning as all of you
know but I say it on the public record and for those in
the audience, what you are getting is a rezoning. Mr.
Cardenas referred to the major concern of people at the
meeting were things like ingress and egress and landscaping.
That may have been the concern of some of the people there.
The major concern of most of us and I can tell you the major
concern of these two groups in Coconut Grove is zoning
changes. We are going to be down before every time we see a
zoning change in Coconut Grove. We are not going to stop.
We are going to be here. This is a zoning change. It is a
zoning change to benefit two or three people. It is a
zoning change that comes in under RO -2 and they are not even
offing residential by the way. They are coming in and just
very blatantly straight forwardly saying to you, we want to
put offices there. Now, the people in the neighborhood came
in and they made statements about how they love that
neighborhood. One of the comments that was made at that
time was... I'm not sure of the words that we used, but
indicating that the neighborhood perhaps could use
upgrading. One person, Ralph Johnson who lives right around
the corner commented that he has a two story house on Inagua
which he and his wife bought two years ago and it was built
brand new and they bought it immediately. Next to him there
is another two story house under the same circumstances.
This is not a neighborhood in which residential zoning
cannot be built and sold immediately. Residential zoning in
that neighborhood should be preserved. We are very
concerned about the precedent. When Mr. Cardenas says that
no precedent will be set, I don't understand how he as an
attorney can tell you that if you change the zoning on this
you won't be setting a precedent, because it seems to me
that if you change the zoning on this you are, indeed,
setting a precedent that the next attorney who appears
before you is going to say, hey fellows, what did you do at
Bird and Aviation and what you did at Bird and Aviation is
change the zoning and that attorney I believe will then have
a precedent and say, well you changed it for him, change it
for me. I'm going to landscape it. It's going to be real
pretty and you all are going to love it. Well, we all don't
love it and we don't want to see zoning changes. That
neighborhood is one of the most vital and interesting parts
of Miami. We know there are going to be changes on 27th
Avenue. We have talked extensively to the Planning
Department to Jack Luft and to others about cooperating with
the City in every way with the widening of 27th Avenue, with
what will go on either side of 27th. This gentleman is not
an issue of 27th Avenue zoning, but it will vitally affect
every single thing we are trying to do and what we are
trying to do is hold on to a residential area. Your fact
sheet that's before all of you points out there is no felt
need in this neighborhood for office space. There is
offices there. Mr. Pancoast who has the piece of property
to the north the way it's there didn't get a zoning change.
He built what it was zoned for. I think by the way it's a
matter of great legal question it seems to me, whether his
gl 50 December 20, 1984
property does or does not touch on 27th Avenue. I think you
will find that the closing of Inagua which has been raised
as part of this is just another little red herring. The
Civic Club is on record as saying that if the owners on
either side Inagua want to close that little section, we
have no problem with that. It's their right to close it.
All we are saying is we are not going to come out in favor
of closing it if one side wants it open and that's not the
issue. The issue is if you will look at this map, if
someone could show you. The issue that we are told is
straightening out the zoning line. Well, I will tell you,
you can straighten out that zoning line. You can come right
down there. You see that little tad, if that's what's
bothering everybody, straighten that out right there. Draw
that little line right there, that will straighten it out.
I can see any point in rezoning the large corner of
Aviation and Bird to straighten out that little tad of
property. Whoever owns those properties knows what they are
zoned for. They can deal with what they are zoned for.
Please don't set a precedent and rezone this. We don't need
rezoning in that neighborhood. We don't need an office
building across the street from very nice residencies and
the people in that neighborhood and the rest of the Grove
.will thank you very much not to rezone.
Mayor Ferre: All right, next opponent.
Mr. Lester Pancoast: Mr. Mayor and Commissioners, I'm
Lester Pancoast, one of three owners of a building called
Grove Place which Ms. Holzhauser has been discussing. When
we built that building Mr. Mayor, it was already zoned and
we did not ask for any additional zoning considerations. We
designed it in a way that we felt would interface well with
the neighborhood. We have always been very concerned about
neighborhoods and when we heard that this zoning was
proposed. We voted against it. This was personally
somewhat painful for me because Mr. Carello is a personal
friend and I did not know he was the owner. But painful or
not we are very concerned about planning in this area as we
have been in Coconut Grove for a long long time. We believe
that the neighborhood could begin to disintegrate if the
properties across the street - -- zoning across the street from
an opposite zoning is primed for coming in for a change and
saying, we face the opposite zoning. It's true a couple of
the properties that face our building face an opposite
zoning, but it's a pretty stable situation. If those people
were to come in an ask for a transitional zoning, I think
that wouldn't be unreasonable, but that's not the issue here
today. The issue is whether the properties all the way
along Aviation Avenue would be in before you asking for
transitional zoning and that would begin to start a
deterioration into a neighborhood that we believe in the
stability of. Thank you.
Mayor Ferre: All right, next speaker.
Mr. Herbert Corton: My name is Herber Corton._I live 2584
Inagua. On the map there that is lot 8 and 9, Block 11
Oceanview Heights. That's right across the street from the
subject property. I have lived there for thirty three
years. I have a very very beautiful home behind a large
cherry hedge and I hate to think that I would ever have to
look directly across the street at a possible five story
office building. I also find it difficult to understand why
that property may be changed and my neighbors on my side of
the street will be forgotten. When we moved in there years
ago it was residential. It has maintained with great
difficulty that residential posture. There seems to be a
war going on in our very area and you are the only defense
we have in this war. We are just citizens, just citizens
gl 51 December 20, 1984
Mayor Ferre: Next speaker.
asking for our protection. I must point out that Mr.
Cardenas remarked about those two already partially zoned
pieces of property on that triangle. Those two already
zoned or partially zoned pieces are about twice the size of
my two hands. They really constitute a very very tiny part
of that triangle and lot 11 which he passed over by saying
is not presently commercially used is Mr. Patton's house and
it's a very very beautiful house. It's not just not being
currently used commercially, a family lives there and has
been for many many years and if you go by you will see a
nice yard, you will see tomato plants growing, you will see
a man that take a lot of pride in this house. We like this
neighborhood and I think money has to be made, but I don't
think money should be made at the expense of what's going to
happen according to your own zoning and planning people
right on down Aviation. It would be a real destruct and
there is almost no way once this tips over that you could
ever stop it, not legally. Not correctly. Now, I must say
that there is also something that has come up, at least to
my attention that I don't know how firm and how fixed the
master plan is, but there was never any change or amendment
to the master plan to change this particular piece of zoning
from what it presently is. Now, I think legally and perhaps
the City Attorney could answer that question. I think that
you have to change the master plan before you can change
that zoning on that piece of property. At any rate from the
standpoint of a neighbor who has lived here for these many
years, I would like you to consider protecting my side of
the street and the value of my real estate and my neighbors
and my neighbors next door to me. Thank you.
Mr. Vincent Pastora: Can you speak in favor of it at this
time or is this just the opponents?
Mayor Ferre: Anybody who wants to speak.
Mr. Vincent Pastora: Ok. My name is Vincent Pastora and I
live at 2901 South Bayshore Drive and I am one of the owners
of Coconut Grove Realty and I generally don't speak at these
particular functions and I was here at the zoning hearing
also, because I feel that this particular geographical...
Mayor Ferre: Are you a property owner in the area?
Mr. Pastora: Just Yacht Harbor. Just in Yacht Harbor. I'm
not a property owner in the direct area, no.
Mayor Ferre: So, in other words you don't have any direct
involvement?
Mr. Pastora: No, other than I have sold many houses in that
area and the interest of this neighborhood...
Mayor Ferre: Now, you don't have a property that you own or
a partial owner of or going to buy in the immediate area?
Mr. Pastora: No.
Mayor Ferre: Ok.
Mr. Pastora: Not in the immediate area of this spot, no.
The reason I'm here though and the reason I felt compelled
to speak is because there is a growing concern about
rezoning and bounty lines and so forth and I have been to
this particular piece of property and I feel like you could
just as easily say that it faces Bird Road and if you have
gone to this piece of property and if you have stood there
on the land and envisioned residential homes on this
gl
52 December 20, 1984
particular site viewing a commercial building which ultimate
I'm sure will be built on lot 11 at some time in the near
future, it's inconceivable that this particular site
whenever the zoning line was drawn was considered
residential. It is a peninsula. It is a special situation
and there is a big indication that by letting this be
rezoned commercial Aviation then becomes commercial. Well,
I can tell you and I know that Jack Luft if he was here
would tell you that I've been involved with a lot of
developers and my position is to go down the line, follow
what the zoning exactly tells you to do, but in this case,
this is a unique situation. And I that... That's why I told
the Zoning Board that it gives them an opportunity to do
what they were set up to do, to look at a special situation
that isn't exactly ordinary. This is not some arbitrary
just zoning situation. Half of this property or part of the
property is zoned office already. It already is across the
street from an existing office building and the fear here is
that we must draw the line, but at some point there is this
feeling that all of these citizens are being represented by
all of these groups, but there is a whole other group over
here that says, hey, wait a minute, certain situations need
a look and I think this one of them and I think that the
development of this triangle wouldn't not affect the
surrounding property owners and I also want to say that lots
1, 2, and 3 which the Planning Department pointed to is a
residential townhouse /condominium development well
maintained and the conception that that would go office,
those people can't get together and decide on the water bill
much less dJciding to sell their property for an office
building that may change hands there. So, I just don't thin
those points are valid and I think this is an opportunity to
really give a legitimate change. That's my opinion.
Mayor Ferre: All right, are there any other speakers?
Mr. Frank Quebec: Mayor, Commissioner I'm not going to talk
about... my name is Frank Quebec, incidentally. I live on
Inagua Avenue, four. Actually, I have two houses there.
One next to each other. I have 2567 and 2613. I'm a little
nervous. I don't have the eloquence of Mr. Cardenas, but I
will do the best I can. In all that we said, like I said
I'm not going to talk about what has already been said. I'm
a long term resident and I have been in the same house for
thirty years. I'm talking from a resident point of view. I
in a way - -- I have heard Mr. Cardenas speak several times
and I recent the fact that he is using the Parker property
which was already zoned SPI -12. because that has a
commercial building going to be built behind there, that
using that as a spring board for this other property that he
wants to have rezoned. Now, when this building is going to
be built, I could spit from the back of my house and hit
that building it's going to be ten feet away from the back
of my house. In fact from both of my houses, 2613 and 2567.
Morally it should have never been passed... physically it
should have never been passed. The reason why it was passed
was because it was a trade off. They had this historical
building there and Mr. Parker had to get something. So, we
had to get about fifty people talking about not tearing the
building down. Actually, it should have been torn down. I
worked on the building. It wasn't worth keeping, but in
order to keep the historical building they let him rezone
that portion for a four story building. Now, if you notice
that that lot is extremely long, it does face 27th Avenue,
but it goes all the way down to where about six other houses
face or adjacent to it. Now, you say, well, what if that
faced 27th Avenue and was three blocks long, would it still
be all commercial. I don't know. It just happens to be an
unusually long lot and because of that that commercial
building is going to be built behind my house in the middle
gl 53 December 20, 1984
of all these residents. It was trade off to keep that
historical building from being torn down. Ok. That's the
spring board. Now, because of that Mr. Cardenas says that
his property there should be rezoned and that's not so.
Now, the second thing I want to say is that being there
thirty years the neighborhood hasn't changed in forty fifty
years, but it will change. I'm the one that's going to have
to stay. After the building is built and the developer
leaves and the man that own the property sells it to
somebody and the offices go up, I'm still there. I'm going
to have to put up with the traffic. I'm going to have to
put up with the congestion. I'm going to have to put up
with what's gong to come. Now, as a resident, I have paid
my taxes. I have paid my taxes for thirty years on both
houses. I have got three other houses in that area. I have
paid a lot of money in taxes. Here I am getting ready to
retire, paid all of these thousands of dollars and somebody
is going to come in and say hey, let's rezone this and make
a couple of bucks. It's not right. Morally and also the
domino affect which the men have already explained to you
about. Gentlemen, let's not do it. Thank you.
Mr. Jim McMaster: My name is Jim McMaster. I live at 2940
Southwest 30th Court and I would just like to say the
gentleman is talking about the Gifford property and it's
been mentioned before. It was zoned in 1964 and there has
never been a change in zoning. I have a copy of the Miami
Comprehensive Neighborhood Plan in my hand and I would like
to get an opinion from Mrs. Dougherty. Do they have to
amend this plan when the apply for a zoning change, because
on this plan this property is zoned single family and they
are applying for R0 -2.5 whatever zoning.
Mayor Ferre: All right, Ms. Dougherty. Ms. Dougherty,
there is a request. Mr. McMaster has asked whether or not
they have to change the master plan.
Ms. Dougherty: The master plan is a general guideline. I'm
not sure what it says for this area.
Mr. McMaster: It says single family. I have it right here,
you can look at it if you would like to. I don't know if
it's true, but my understanding is and I looked at some of
the documents...I'm not a lawyer. I don't understand them,
but it indicates that the Zoning Board has to consider
changing the master plan first. I guess while she is
looking at that I would just like to say that this is a
wedge right here going down Aviation any change here will
affect all the way down Aviation on both sides and I think
what we are dealing with here is the historical zoning in
Coconut Grove. Jack Luft at the Zoning Board meeting stated
at stake here very simply is the residential neighborhoods
to the east. He said "I think it can be said that this - - -he
is talking about the Bayshore and 27th Avenue corridor study
which the City is spending a great deal of time and effort
on - -- he said that "I think it could be said that this
report the Bayshore study 27th states rather emphatically
that the existing boundaries that we are attempting to deal
with today must be preserved in tact less we begin to
initiate a process which here to fore has not occurred in
the last ten years since the master plan was done for this
community. Initiate a process of parcel by parcel
redefining proper boundaries and edges and I can only say
to you that as a professional planner I would not want to
try to deal with the redefinition of boundaries in this
area, because once you start breaking the basic pattern and
justifications that we have for drawing those boundaries
today it becomes extremely difficult to find an acceptable
defensible edge in any kind of adjusted situation." And he
goes on to say Aviation is a connecting thoroughfare. It's
g l 54 December 20, 1984
not a major artery. The SPI -2/5, whatever it is is designed
for major thoroughfares, not for connecting thoroughfares.
He goes on to say this is a high quality stable residential
neighborhood and he says "Clearly the only way to deal with
the odd lot assortment of lines that we have is to define a
very simple policy and that is one of fronting
relationships" And he goes on to say that this does not
front on 27th Avenue.
Mr. Plummer: Madam City Attorney, do you have an answer to
his first question?
Ms. Dougherty: Yes, sir, Mr. Mayor. The neighborhood
comprehensive plan is actually a general guideline and it is
so close to commercial in this area that it really isn't
binding upon you. It is a general guideline. It is not a
zoning map. So, it is permissible to change zoning.
Mr. Plummer: So, the answer then is that it does not have
to be altered?
Ms. Dougherty: Correct.
Mr. McMaster: In what circumstance does it have to be
altered. Is there a threshold I would just like to say
that I live next door to Bird Road and I have R -3 zoning
down one side of me. I have about five feet of R -3 zoning
behind me. The house across the street which is also
duplexed has R -3 zoning behind it. All the lines are
historically drawn according to who married whom and gave
what property to who's sister. I was looking at the plat
book the other day, the lot next door to me includes the
north eighteen feet of lot "A ". The south twenty -three feet
of lot "A ". The south twenty -feet of lot "B" and part of
lot 5 from Bridgeport behind. The lot next door has the
rest of "B ". The rest of the back of lot 5 and the back of
lot 6. I think what we are doing here is Coconut Grove is
full of lots like this. We all know it and if they ever
rezone on Bridgeport are these people going to be able to
sell back and forth among themselves, stand on their head
and hire Mr. Cardenas and get commercial zoning on 30th
Court also? Thank you.
Mr. Plummer: Any other speakers?
Mr. Paul Collins: My name is Paul Collins. I live at 2232
Lincoln Avenue. My concern for this rezoning is that I am a
resident of a very old, very historic and very stable
community called Tigertail. There is two such old and
historic communities in the Grove. The William Street area
and the Tigertail area. In the early days of our community
the Black servants lived in the William Street area and the
White servants lived in the Tigertail area. If you care to
stroll on either of these areas right now you will find both
of these the quality of life is improving. There are
transition zones now, but the changes are positive. It's
becoming a desirable place to live. Home owners in these
areas are investing time and money to improve their home
sites any action that puts commercial pressure on this is
really quite contrary to good city planning. Every effort
should be made to improve and support residential upgrade.
Down zoning property should only be done where there is a
spreading blight. Good city planning realizes the
importance of growth. It's good city planning to use zoning
changes and variances to achieve a desired goal. Good city
planning realizes that improve residential area is more
precious than gold. Here we have an integrated, stable,
improving community. Well defined boundary zones and it's
attractive to home owners. What you do when you allow the
commercialism of this residential area is to signal to these
gl
55 December 20, 1984
investors that it is the intent of this city government to
turn this area into a high density residential and office
use It is a very fragile community. It's very small. To
consider such a change that will shake the stability of this
area is odd adhoc planning at its worst. It's another form
of block busting, but quasi - legal. Mr. Cardenas says that
it would set no precedent and yet he uses the adjoining lot
across the street as one of his arguments for precedent.
The next lawyer that's going to come up here is going to
take the next lot across the street and use that for
precedent. People get tired of fighting. We give up.
Speculation is encouraged by further rezoning and we end up
with another Little River, Lemon City or Miami Beach all in
the name of a bigger tax base. By denying this petition you
will encourage the further development that this is a prime
residential area desirable for the business owners and their
employees that will occupy the plan office community on
Bayshore. Let's have progress, but let's have intelligent
progress. Thank you.
Mr. Plummer: Any further speakers?
Mr. Joseph T. Kelly: Mr. Plummer, gentleman of the
Commission, my name is Joseph T. Kelly. I live at 2985
"Aviation Avenue. I would like to submit these petitions to
the City Clerk and the members of the Commission. During
the Christmas time we obtained seventy -nine signatures of
people in the area who oppose this development. You can
imagine how many signatures we could have on this list if
they weren't out there doing their christmas shopping and
one of the things we asked you to do today is give us our
christmas present and leave that zoning the way it is.
Mr. Plummer: Are you going to speak further?
Mr. Kelly: As some of you know I'm the gentleman who came
down and had a variance granted to move the ancient Dade
County pine and cypress home that had been moved from the
site of the Grove Place office building which is that lot 3
that actually abuts 27th Avenue onto my property being lots
1 5, 16 and 17 at the corner of Aviation and Swanson. Now,
gentleman I put my money where my mouth was and moved that
house and it's still hanging around my neck, but I lived in
the Grove. I been in the Grove. I have been in Miami since
1944 and the Grove has been an area where people want to
live in amongst the trees. Now the Grove Place building is
a five story building, but you can barely see it because
they went to a great deal of trouble and I went to a great
deal of trouble when we moved that house to save the trees
that were there. Ancient trees. This piece of property was
being used by a lady in the real estate business. We had a
working relationship with them and we had to occasionally
remind them to please not park in front of our drive way.
This building when they complete this with seventeen
thousand square feet and I don't know what their FAR will be
in their zoning or whether or not the .5 bonus will apply,
but we can talk about may be a hundred a hundred fifty
people additional people working in this area and when you
go on your break today, however you have voted on this
issue, you look at the parking that exist now at Aviation
and Inagua and you will see that there are parking on the
streets and they are using up most of the available on
street parking at this time. Another office building in
this area will just completely flood the neighborhood with
cars. I almost had an accident backing out and Mr. Patton's
house this morning backing out into Inagua. That's a
dangerous street, you bet your life when you walk down
Inagua now. In the day time or the night time there was a
fatality at Aviation and Inagua about six weeks ago and it's
just by the grace of God there hasn't been many many more.
g 56 December 20, 1984
This complete destruction. The step down zoning that has
been a historical precedent in the City of Miami the
Planning Board knew that it should be maintained. The
Zoning narrowly approved this issue by the least majority
possible, a three to two vote. Thank you for you time.
Mr. Plummer: Is there any further speakers? Mr. Cardenas
do you wish to rebuttal?
Mr. Cardenas: I sure do and I will make it quick Mr.
Commissioner. I know that time is running short. I just
want to place on the record certain corrections. The Zoning
Board vote was five to two. I do want to run through these
real quick if I may. Contrary to what had been stated
before the applicant I represent are and Mr. and Mrs.
Stifel. Mr. Carello who I also represent who is a joint
land owner does have a contract to purchase, but it's on an
as is basis. It is not subject to a zoning change so that
he will purchase that property no matter what you decision
is today. He must by law. The second thing I wanted to
mention and let me first say that I have long admired Mr.
Pancoast. I think he is an honorable member of the
community and not only that he is such a fine professional
that up to today I had used his architectural firm in a few
projects that I had personally been involved in. I think
however, in this day he comes with what we used to say in
the first year of law school, the doctoring of unclean
hands. It's got to do nothing with personal hygiene, but
it's got to do with arguing a point when you yourself sit on
the side of the fence that you are opposing and I think
that's exactly where Mr. Pancoast sits on this particular
issue. I understand and respect his feelings on the
subject. He is concerned about this project. He has built
his own facility and it's turned out very nicely overlooking
Aviation Avenue. He has a very nice view and would not like
to see that view obstructed. I have personally gone by the
area to try to ascertain why he would object to this and I
can understand that. I can assure Mr. Pancoast that the
design of this particular structure will in no way affect
his view of Aviation Avenue or the view of those folks who
are tenants in his facility. Number two, the major concern
that has been placed here by all of the residents who have
come. We share ninety -eight per cent on a general basis.
They have talked about the Grove. The have talked about its
historical precedent. They have talked about setting
dangerous precedents. We agree with them one hundred per
cent of those. What we are telling you today is that as to
this specific issue, not generally, they are looking at a
pandora's box that's not there. They are looking at float
flood gates which are not there. We are talking about a
piece of property. Not a building. A piece of property
which is less than seventeen thousand square feet. Zoning
wise any good planner will tell you that you ought to have
similar zoning and Mr. Pancoast knows this as to compare to
where you are facing. We have told you that we will proffer
a declaration of restrictive covenants. So we will have
ingress and egress on Inagua and on Bird. On Inagua we will
be facing an existing office building. That's the
appropriate zoning. It's not even transitional. It's
appropriate for this to be commercial facing commercial and
Bird will be facing a townhouse development that's built and
beautiful and will not change. Bird Road.. on the north
side of Bird Road, it's mostly zoned commercial as you know.
This is on the north side of Bird Road which ends right
here. This is an island. The island faces 27th Avenue.
Mr. Patton's property is a beautiful residential house, but
it's zoned commercial and let me add that the next time I go
negotiate for a piece of property, I want to come with him
because we wanted to purchase this property and he is a darn
tough negotiator. So, no due respects. Everything that's
gl
57 December 20, 1984
being stated here will not establish a precedent. The key
word I repeat is access to and from Inagua and Bird Road,
not Aviation, proper landscaping on Aviation. This is an
island in and of itself. It is not adjacent to residential
property and that's the key to it. It's similar use to this
particular island next to it. It would be fair to zone it
contiguous on that basis and keep its uniformity. It's
ingress and egress areas face commercial and face townhouse
development. It is proper planning, proper zoning. It's a
small facility. It will not tax your public utilities and
you respectfully request that you agree with the Zoning
Board's recommendation and vote to approve this particular
piece. Again, we will proffer between now and second
reading voluntarily a declaration of restrictive covenants
setting forth the items that I mentioned to you today and I
urge you for the sake of these folks that in your motion you
set forth that this does not face adjoining residential
property and I think that will destroy any argument about
precedents. Thank you very much.
Mayor Ferre: All right, we have now heard, I assume, from
the public and the rebuttal. Is there anything else you
want to add Joanne?
'Mr. Holzhauser: I would like to point out that 3509 on page
35 -3 is the requirement... I'm sorry. This is called the
"Nature and requirements of the Zoning Board's Report to the
City Commission" and it list Items "A - P" of things that
would come up. I'm afraid that neither the Zoning Board nor
Mr... Well, let's say this, with Mr. Cardenas it's a matter
of saying watch my lips. I don't think he heard a thing I
said, because his rebuttal didn't have anything to do with
what I'm talking about. I don't think the Zoning Board
quite understood that when they look at these list of things
they are supposed to be able to answer and my understanding
is this is a legal requirement. They can be asked to review
these and answer them and for instance, the change suggested
is out of scale with the needs of the neighborhood or the
city. Well, there is no doubt about it. This is out of
scale with the needs of the neighborhood and we don't think
the City needs it. I'm not going to go through all of them;
but I think there is a question here that - - -you all have
this; I'm sure in your fact sheet. However the Zoning Board
look those over, perhaps they don't quite understand
everyone of those items, but I say again to Mr. Cardenas,
regardless of what he says about this setting a precedent.
It will set a legal precedent as all of you know. The next
attorney that comes before you will not only ask you to
change it, but he will then tell you, if you don't I will
see you in court and he will, because they are going to
march right in. And I'm just asking you all please, for
seventeen thousand feet, for seventeen thousand feet you are
being asked to open the flood gates to rezoning to a
beautiful little residential section that as one previous
speaker has mentioned, is one of the examples that Coconut
Grove, again, of a voluntarily integrated community which is
what we are all working for. Perfect example. We ask you
again; please don't accept this request. Thank you.
Mr. Jim McMaster: My name is Jim McMaster, 2940 S.E. 40th
Court. I'd just like to ask Mrs. Dougherty for a legal
statement on the master plan. I don't understand the
legalities, but I'd like to have it in writing, her decision
gl
58 December 20, 1984
as to why the plan does not have to be amended. It's a
State - mandated plan and I just don't understand why...I'd
like the Commission to ask her to supply this in public.
Thank you.
Mr. Plummer: Anything further? Mr. Cardenas.
Mr. Cardenas: No, I rest on my argument, thank you.
Mr. Plummer: Close the public hearing.
Mayor Ferre: There is a motion by Plummer, seconded by
Perez that we close the public hearing at this time. Call
the roll.
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER
AND SECONDED BY COMMISSIONER PEREZ, THE PUBLIC
HEARING WAS CLOSED TO PUBLIC DISCUSSION BY THE
FOLLOWING VOTE:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Ferre: On the issue before us, questions from members
of the Commission? Statements from members of the
Commission? All right, what's the will of the Commission on
this item? Can we get Mr. Dawkins back in here? What's the
will of this Commission on this item?
Mr. Carollo: Mr. Mayor, I don't know, I just look at that
area and I can't be convinced that some of the arguments
that I'm hearing against. I don't see why if we go ahead on
this on that item, it's going to affect the rest of the
neighborhood. I think that's where you draw the line at. I
don't think that's going to open the flood gates, as Joanne
has said, to the rest of that neighborhood. I just haven't
heard enough arguments on that particular item to be
convinced. It's an area that I'm very familiar with. I go
through there constantly.
Mayor Ferre: All right, is there a motion?
Mr. Carollo: I have no problems with making the motion; Mr.
Mayor. I make the motion for approval.
Mayor Ferre: Is there a second? It's a motion for
upholding the Zoning Board's recommendation on first
reading.. It's been moved and seconded. Under discussion,
does anybody want to make any statements?
Mr. Plummer: Mr. Mayor, if I vote in favor today, it's only
so that I have the opportunity to go out and look. I
remember standing in Mr. Pancoast's office when he had the
dedication and I didn't see any great difficulty existing at
that time. I would want to be able to draw a conclusion, as
to the impact when I didn't feel that Pancoast had any
impact on the area, why this one would.
Mayor Ferre: Further statements? Mr. Pancoast, Ms.
Holzhouser, and the others that are here, it is my opinion
that this is a classic case of a major arterial road that is
in process of transition. It is my opinion that 27th will
soon be four or six lanes. We are not far from that. I
think you will see that happening very quickly now. It is
g l 59 December 20, 1984
going to be the main entrance to Coconut Grove. I further
think that as that occurs starting at the Metrorail station
in US -1, you will see major structures in the areas that are
properly zoned for that, specifically I think there is a
project there called Grovegate, which last time I saw it was
a major, major, major building without any zoning changes.
I mean big. It is also my understanding that Metropolitan
Dade County wants to on the other side of US -1 put up a very
large structure and bid that. It is my understanding that
they are going to be connected and they are talking about
expanding US -1. You are talking about some major
construction going on along 27th and US -1. There is already
major construction at the end of 27th Avenue when it hits
South Bayshore Drive. We've turned down last year a major
application, as you may recall to rezone the corner of
Tigertail and Bird. You were here at that hearing. That
was a tough one. As you may remember the Commission
unanimously voted against that, Tigertail and 27th. The
reason was that it was going to be an encroachment and all
the arguments...I then stated to you that we were not far
away in my opinion from all of 27th Avenue in Coconut Grove
in changing character. Now the question is does this piece
of property in and of and by itself constitute a deviation
from what in my opinion is invariable as 27th gets four or
- six lanes or is it a side lot that in effect will open up
Aviation rather than Bird. I think it can logically be
argued that all those parcels in those two islands, which in
effect are almost one island, will eventually end up being
really part of the 27th Avenue corridor rather than the Bird
Avenue and specially Aviation and Inagua. It is in effect
just by where it's located, by gravity part of 27th Avenue
and Bird. I therefore, do not see that this is in any way
spot zoning. I don't see that in any way it encroaches and
I do think that it is going to be part of what we will be
facing along 27th Avenue and this is just one more step in
that direction. The problem that we have in all of these
things is that we know that these things are happening and
we know they're coming, but instead of doing it in an
orderly fashion, we kind of sit back and wait for it to be
chipped away at. With all due respects to the Planning
Department and I know that we're five people short, but
that's exactly what happens. In my opinion, Walter, it is
and to those...Sergio, it has to apply to you too and to...I
don't see where Jack Luft is, but to all of you....
Mr. Walter Pierce: Jack had an accident this morning on his
bicycle. He's in the hospital.
Mayor Ferre: I'm sorry to hear that. I hope it's not
serious.
Mr. Pierce: It hit him on the head so he'll be O.K.
Mayor Ferre: That might be an improvement. Is he all
right?
Mr. Pierce: Yes, satisfactory.
Mr. Plummer: There's road damage.
Mayor Ferre: Road damage, but I think all of you worry so
much are care like I do about the road. I think it's really
time for us to get on with the recognition that 27th Avenue
is definitely going in this direction. I think we need to
approach it as a community. We have to initiate it. I
don't think we should be waiting around sitting for these
things to be chipped away at. Let me tell you what the next
one is going to be. Whether you have no commercial...I
guarantee you, I don't think it will happen for two or three
years, I predict to you that within the next five years
gl 60 December 20, 1984
there will be a major move afoot to do the same thing on
22nd Avenue. In my opinion, if I'm around, or if I have
anything to do and I'm not around and I'm on that side of
the fence, I'm going to come down here and protest with you
because I think there is an absolute difference between 22nd
Avenue and 27th Avenue. There is nothing in my opinion that
we can now do about 27th Avenue; it's just a matter of time.
It's here. We've held it as long as we could, but I think
the moment has arrived. I need to tell you we need to face
that reality, 27th Avenue in the next five years will be the
main entrance to Coconut Grove; forget South Bayshore Drive.
That's going to be a small road compared to 27th Avenue.
That is not going to be four lanes, it's going to be six
lanes. The traffic that you are going to have along 27th
Avenue is...you don't have any idea what the traffic is
going to be. People are going to go down US -1 and on their
way down to Arvida, South Miami and all that along down to
Coco Plum, they are going to swing down 27th and they are
going to go in through there. That's going to be one of the
major routes into South...that's right, that's where we're
headed.
Ms. Holzhouser: Perhaps you were out of the room, sir, but
I did say on the record that we have often...I've talked to
•Jack Luft for three or four years now about the fact that we
want desperately to work with the City on 27th Avenue. I
begged him two years ago two years ago to go for RFPs for
both sides....
Mayor Ferre: Joanne, the City has sat on it's tail with all
due respects....
Ms. Holzhouser: I know, but we've begged.
Mayor Ferre: ....and not done an overall planning approach
to 27th Avenue. I told Jack Luft when he came in
here...this is two years ago and he stood right there and
he pleaded for us not to vote for that garage station on
Tigertail and 27th and Rosenberg wanted to build an office
building there. I said, "Jack, you're sitting on a time
bomb. It's going to happen. I would rather that it happen
with our forethought, with our work, with our planning,
rather than the way...let me tell you what is going to
happen." I told him then, go back to the record, Within two
years, I told him, there will be another one and that one
was going to pass. That one was going to be irresistible
and the logic of it was going to be there. We're not going
to be able to turn it down. There is a time limit and
you've got a couple of years maximum to come back with a
plan. We have no plan. I'm sorry, I know that you're five
planners short. This is one of the most important planning
tasks that we have before us.
Mrs. Holzhouser: If we could see a request for proposals
for both sides, I've said this to Jack repeatedly, between
Bird and Tigertail; get us two developers who will come in
and develop both sides of that taking into account the
widening of the street, give us beautiful, combined, office -
residential. I keep talking about Toronto and Savanna.
Here are two places that prove that you can have side by
side charming, beautiful bloor street exists. The whole
Bloor Street district in Toronto exists because you can walk
from a very swank shop to a house, but it exists because the
zoning stayed the same. Please don't change it for this
piece, please. This will give the precedent, sir, that's
all I'm arguing.
Mayor Ferre: Let me tell you, you win most things. You are
not going to win everything you come here on. You don't
have my vote.
gl 61 December 20, 1984
Mrs. Holzhouser: I know, but I'm not going to stop trying,
Maurice. But I think that the City Attorney will tell you
if you do this, it will set a precedent, you've set a
precedent. The next attorney is going to be here and he's
got a precedent.
Mayor Ferre: No, it will not, no, no.
Mrs. Holzhouser: Well, I'm sorry my attorney is sick today
and she's not here.
Mayor Ferre: Well, my attorney is sitting right over there.
Mrs. Holzhouser: I know, but I'm just saying....
Mayor Ferre: That's who we pay attention to and the public
hearing is over.
Mrs. Holzhouser: Thank you, sir.
UNIDENTIFIED SPEAKER: Mr. Mayor, we don't have a plan, but
we ought to. By your logic, Mr. Paton's property ought to
be the office building and the proposed area ought to be
transitional zoning.
Mayor Ferre: In my opinion what's going to happen, it's all
going to be office.
UNIDENTIFIED SPEAKER: The whole neighborhood, Mr. Mayor?
Mayor Ferre: No, sir, not the whole neighborhood, that
island and everything that touches 27th Avenue. That's my
opinion. It's just a matter of time.
UNIDENTIFIED SPEAKER: That property doesn't touch 27th.
Mayor Ferre: It's just a matter of time. I said it two
years ago. I've said it. I feel it's there now. Jack Luft
agreed that we were headed in that direction. You haven't
come up with a plan. It's going to happen one way or the
other. Does anybody else have a comment? Are we ready to
vote? Yes, sir.
Mr. Anthony Marina: I'm the president of the 27th Avenue
Improvement Association, which was formed two weeks ago and
we are appearing on a regular basis in front of the
Commission.
Mayor Ferre: I'm sure you will. I've been wondering where
you've been for the last two years and I knew it was coming.
Mr. Marina: We're here and we represent the majority of the
property owners on 27th Avenue.
Mayor Ferre: I bet you do and I accept that. Planning
Department, you are now on notice again that it's coming
right up and down that six -lane major arterial main entrance
to Coconut Grove. That is the entrance to Coconut Grove.
Are we ready to vote? Call the roll.
gl 62 December 20, 1984
AN ORDINANCE ENTITLED-
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.
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 9500, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY CHANGING THE ZONING CLASSIFICATION
OF APPROXIMATELY 3000 -3006 AVIATION
AVENUE, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN) FROM RS-
2/2 ONE- FAMILY DETACHED RESIDENTIAL TO
RO -2.1/5 RESIDENTIAL- OFFICE AND APPLYING
THE SPI -3 COCONUT GROVE MAJOR STREETS
OVERLAY DISTRICT AND BY MAKING
FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 45 OF SAID
ZONING ATLAS MADE A PART OF ORDINANCE
NO. 9500 BY REFERENCE AND DESCRIPTION IN
ARTICLE 3, SECTION 300, THEREOF;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
26. DISCUSSION ITEM: RELOCATION OF LIQUOR STORE IN BLACK
BUSINESS SECTION OF COCONUT GROVE.
Mr. Dawkins: I'd like to apologize to Mrs. Bentley and
those at our other Commission meeting, there was a
discussion as to when someone wanted to put a liquor store
on Grand and Douglas and they were told to meet and come
back to us after having met with Mr. Anderson. I just saw
Mr. Claude Anderson and he informed me the reason he did not
meet with them is the gentleman who wanted to put the liquor
store there withdrew his application or was denied his
application, so that's why you didn't hear. I apologize for
not having gotten the word to you, but we didn't know
either.
Ms. Helen Bentley: Mr. Commissioner, my name is Helen
Bentley. I reside at 3621 Franklin Avenue. I'm
representing the Coconut Grove Home Owners and Tenants
Association. If that application has been withdrawn, is it
a matter of record? I don't feel comfortable with here say.
I would like it to appear in some of your minutes.
Mr. Dawkins: We will research it and I will get you an
answer before our next meeting.
gl 63 December 20, 1984
Ms. Helen Bentley: But it has been denied.
Mr. Dawkins: Yes, ma'am.
Ms. Bentley: And it will be a matter of record.
Mr. Dawkins: If it hasn't been withdrawn, then I will
schedule it for the next meeting for you to come back and
ask us to kill it.
Ms. Bentley: Thank you.
Mr. Walter Pierce: Make a note on Helen Bentley, Jack's
Place.
26.1 ADDITIONAL DISCUSSION AGENDA ITEM 1
Mayor Ferre: We're now on item number 1, these are the
covenants that were to be proffered. Is the attorney here
or did he go on to his murder trial? While we're waiting,
is the attorney here?
UNIDENTIFIED SPEAKER: El Dr. Villalobos llego hasta su
oficina a buscar un documento que dice que le habian pedido.
Mayor Ferre: All right, the statement was that Dr.
Villalobos had to go to his office to get a document he
needed to present.
UNIDENTIFIED SPEAKER: Si me to pudiera decir en espanol
para comprenderlo mejor.
Mayor Ferre: All right, would somebody translate for him?
Mr. Perez - Lugones: Que quiere decir?
UNIDENTIFIED SPEAKER: No, que el Dr. Villalobos llego hasta
su oficina a buscar un documento que dice que le habian
pedido aqui.
Mr. Perez - Lugones: Dr. Villalobos went to his office to
look for a document that was asked for at this Commission.
Mayor Ferre: We can certainly wait a reasonable time, but
that isn't much more than five or ten minutes.
Mr. Perez - Lugones: Ellos pueden esperar un tiempo
razonable, que no sera mas de cinco o dies minutos.
27. EMERGENCY ORDINANCE: ESTABLISH APPROPRIATIONS FOR
CAPITAL IMPROVEMENTS.
Mr. Randolph Rosencrantz: Mr. Mayor, I wonder if you would
look at item 33 while you have a full City Commission here.
Mayor Ferre: All right, take up item 33.
Mr. Rosencrantz: This is the appropriation ordinance for
the Capital Budget Program. I don't know how many of you
gl 64 December 20, 1984
Mr. Rosencrantz: Yes, sir.
NOES: None.
ABSENT: None.
NOES: None.
ABSENT: None.
had a chance to look at the document that supports this, but
the Capital Budget Program has a complete new format this
year with additional summaries by neighborhoods, by target
districts; projects are classified differently from the way
they have been classified in the past. An additional
feature of the new format provides an individual project
sheet for each capital project. On that project sheet it
explains in detail what elements of the project are, what
they're going to cost, then at the bottom of that project
sheet it also shows the cost of that particular project.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD.
Mayor Ferre: What is it you want us to do, now? You want
us to approve these?
Mr. Rosencrantz: Yes, sir, it's an emergency ordinance and
we ask that you approve it. It takes four /fifths vote to do
so.
Mayor Ferre: All right, does anybody have any objections to
this? Moved by Dawkins.
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez. Further discussion? Call
the roll on 33. Read the ordinance.
AN ORDINANCE ENTITLED-
AN EMERGENCY ORDINANCE ESTABLISHING
APPROPRIATIONS FOR CAPITAL IMPROVEMENTS,
CONTAINING PREVIOUSLY APPROVED CAPITAL
IMPROVEMENT PROJECTS SCHEDULED, AND
ESTABLISHING NEW CAPITAL IMPROVEMENT
PROJECTS TO BEGIN DURING FISCAL YEAR
1984 -85; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by
Commissioner Perez, 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
Whereupon the Commission on motion of Commissioner
Dawkins and seconded by Commissioner Perez, 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
gl 65 December 20, 1984
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9939.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
28. APPROVE CITY OF MIAMI CAPITAL IMPROVEMENT PROGRAM 1984-
1990.
Mayor Ferre: Take up item 35, which is a companion.
Mr. Dawkins: Move it.
Mayor Ferre: Moved by Dawkins. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez. Further discussion? Call
the roll.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 84 -1485
A RESOLUTION APPROVING THE CITY OF MIAMI
CAPITAL IMPROVEMENT PROGRAM 1984 -1990 IN
PRINCIPLE; TO PROVIDE GUIDELINES FOR
CITY AGENCIES, BOARDS AND DEPARTMENTS.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Perez, the
resolution was passed and adopted by the following vote-
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
29. APPOINTMENTS OF LATIN QUARTER REVIEW BOARD.
Mr. Dawkins: Mr. Mayor, I'd like to take up item 42.
Mayor Ferre: Take up item 42.
Mr. Dawkins: The•two gentlemen I'm going to appoint to the
Latin Quarter Review Board are Mr. Sanchez and Mr. Solomon.
Mayor Ferre: Dawkins moves. Is there a second?
Mr. Perez: Second.
gl 66 December 20, 1984
Mayor Ferre: Second by Perez. Further discussion on the
appointment of Sanchez and Solomon to the Latin Quarter
Review Board? Call the roll.
The following motion was introduced by Commissioner
Dawkins, who moved its adoption:
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.
MOTION NO. 84 -1486
A MOTION APPOINTING Mr. SOLOMON SANCHEZ
TO THE LATIN QUARTER REVIEW BOARD.
Mr. Sergio Rodriguez: Mr. Mayor, in relation to item 42,
there is also appointments still to be made by Commissioner
Perez and Commissioner Carollo.
Mr. Carollo: We each have one.
Mr. Rodriguez: You have one each.
30. ACCEPT PLAT - FLORENTINO PLAZA.
Mayor Ferre: Take up item 12, plat acceptance. Is there a
motion on item 12?
Mr. Perez: Move.
Mayor Ferre: Moved by Perez. Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Second by Plummer. Second by Plummer.
Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 84 -1487
A RESOLUTION ACCEPTING THE PLAT ENTITLED
"FLORENTINE PLAZA ", A SUBDIVISION IN THE
CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; AND AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO
EXECUTE THE PLAT AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
gl 67 December 20, 1984
Upon being seconded by Commissioner Plummer, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
31. ACCEPT PLAT: NORANTONIO ACRES
Mayor Ferre: Take up item .
Mr. Carollo: Move.
Mayor Ferre: Moved by Carollo.
Mr. Perez: Second.
Mayor Ferre: Second by Perez. Further discussion? Call
the roll.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
NOES: None.
Mr. Perez: Move.
RESOLUTION NO. 84 -1488
A RESOLUTION ACCEPTING THE PLAT ENTITLED
"NORANTONIO ACRES ", A SUBDIVISION I IN THE
CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; AND AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO
EXECUTE THE PLAT AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the
resolution was passed and adopted by the following vote-
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
ABSENT: Commissioner Miller J. Dawkins
32. ACCEPT PLAT: THATCHER SUBDIVISION.
Mayor Ferre: Take up item 14.
gl 68 December 20, 1984
Mayor Ferre: Is there a second?
Mr. Plummer: Second.
NOES: None.
Mayor Ferre: Second by Perez. Further discussion? Second
by Plummer. Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 84 -1489
A RESOLUTION ACCEPTING THE PLAT ENTITLED
"THATCHER SUBDIVISION:, A SUBDIVISION IN THE
CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; AND ACCEPTING THE
COVENANT TO RUN WITH THE LAND POSTPONING THE
IMMEDIATE CONSTRUCTION OF CERTAIN
IMPROVEMENTS UNTIL REQUIRED BY THE
DEPARTMENT OF PUBLIC WORKS; AND AUTHORIZING
AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT AND PROVIDING FOR
THE RECORDATION OF SAID PLAT IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
ABSENT: Commissioner Miller J. Dawkins
33. APPOINT ORLANDO TOLEDO TO LATIN QUARTER REVIEW BOARD.
Mayor Ferre: Do you have your appointments yet, Mr.
Carollo?
Mr. Carollo: I have mine, Mr. Mayor, for the Latin Quarter
Review Board. The appointment that I have will be Orlando
Toledo, 1420 S.W. 1 Street for the Latin Quarter Review
Board.
Mayor Ferre: Is that the only one you have?
Mr. Carollo: That's the only one I have. Previously I made
my other one.
Mayor Ferre: Seconded by Plummer. Further discussion?
Call the roll.
B1 69 December 20, 1984
The following motion was introduced by
Commissioner Carollo, who moved its adoption:
MOTION NO. 84 -1490
A MOTION APPOINTING Mr. ORLANDO TOLEDO
TO THE LATIN QUARTER REVIEW BOARD.
Upon being seconded by Commissioner Plummer, the motion
was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
34. REAPPOINT ARGENTINA HILLS, THOMAS R. POST, MARTIN FINE,
ANTONIO ALONSO TO BOARD OF DIRECTORS OF THE DOWNTOWN
DEVELOPMENT AUTHORITY.
Mayor Ferre: We have item 41, which is the reappointment of
Mrs. Hills, Tom Post, Martin Fine and Tony Alonso to the
D.D.A. Is there a motion?
Mr. Carollo: Move.
Mayor Ferre: Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Further discussion on 41? Call the roll.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
RESOLUTION NO. 84 -1491
NOES: None.
A RESOLUTION REAPPOINTING ARGENTINA
HILLS, THOMAS R. POST, MARTIN FINE, AND
ANTONIO ALONSO TO THE BOARD OF DIRECTORS
OF THE DOWNTOWN DEVELOPMENT AUTHORITY OF
THE CITY OF MIAMI FOR TERMS EXPIRING
JUNE 30, 1988.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Plummer, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
gl 70 December 20, 1984
•
ABSENT: None.
35. AUTHORIZE 2- DAY PERMIT TO SELL BEER IN SOFT CONTAINERS
LATIN ORANGE FESTIVAL COUNCIL - "FIESTA BY THE BAY ".
Mayor Ferre: How about the Latin Orange Festival Council,
Fiesta By the Bay; is that controversial, two day permit to
sell beer?
Mr. Dawkins: Move it.
Mr. Plummer: Move it.
Mr. Perez: Second.
Mayor Ferre: Moved by Dawkins, second by Plummer. Further
discussion? Call the roll.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 84 -1492
A RESOLUTION AUTHORIZING A TWO DAY
PERMIT TO SELL BEER AND WINE FOR THE
LATIN ORANGE FESTIVAL COUNCIL IN
CONNECTION WITH "FIESTA BY THE BAY" TO
BE HELD AT BAYFRONT PARK ON DECEMBER 31,
1984 AND JANUARY 1, 1985.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Plummer, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
36. AUTHORIZE DISPENSING OF BEER IN SOFT CONTAINERS AT NO
CHARGE SAFARIS & TOURS INC - PACE PARK - JANUARY 30,
1985.
Mayor Ferre: How about thirty - seven, which is the soft
containers at no charge by Safaris & Tours, in Pace Park on
January 30th?
Mr. Carollo: Move.
Mr. Dawkins: Second.
gl
71 December 20, 1984
Mayor Ferre: Moved and seconded, further discussion on Item
37? Call the roll.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
Upon being seconded by Commissioner Dawkins, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mr. Rosencrantz: Yes.
RESOLUTION NO. 84 -1493
A RESOLUTION AUTHORIZING THE DISPENSING
OF BEER IN SOFT CONTAINERS, AT NO
CHARGE, BY SAFARIS & TOURS, INC. IN PACE
PARK ON JANUARY 30, 1985, SUBJECT TO
COMPLIANCE WITH ORDINANCE NO. 9818.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
37. FIRST READING ORDINANCE: APPLY HC -3 RESIDENTIAL OFFICE
HERITAGE CONSERVATION OVERLAY DISTRICT TO THE J. W.
WARNER HOUSE.
Mayor Ferre: All right, the next item you want to take up
is 5?
Mayor Ferre: This is the Magic City Restoration Company.
This is apply HC -3 Overlay District to the J. W. Warren
House at approximately 11 Southwest 5th Street. It's
approved by the department Heritage... 5th Avenue. I'm
sorry. Heritage Conservation approved. The Planning
Advisory Board approved seven to one. Nobody seems to be
opposed to that. Is there any opposition? Anybody have any
problems with that?
Mr. Plummer: Move it.
Mayor Ferre: All right, Plummer moves 5.
Mr. Perez: Second.
gl 72 December 20, 1984
AN ORDINANCE ENTITLED-
NOES: None.
ABSENT: None.
Mr. Perez: (IN SPANISH).
Mr. Perez: (IN SPANISH).
Mayor Ferre: Seconded by Perez, further discussion. Read
the ordinance.
AN ORDINANCE AMENDING THE ZONING ATLAS
ORDINANCE NO. 9500, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, BY
APPLYING THE HC -3: RESIDENTIAL OFFICER
HERITAGE CONSERVATION OVERLAY DISTRICT
TO ADDITIONAL PROPERTY ADJACENT TO THE
"J.W. WARNER HOUSE," LOCATED AT
APPROXIMATELY 111 SOUTHWEST 5TH AVENUE,
(MORE PARTICULARLY DESCRIBED HEREIN);
MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 36 OF SAID
ZONING ATLAS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by
Commissioner 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
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.
38. BRIEF DISCUSSION OF ITEM 1 - 3RD TIME TODAY -CONT. TO 3
P .M.
Mayor Ferre: Well, in my opinion, I think we waited as much
as we could wait on Item #1. Mr. Perez, you are going to
have to make your statements for the record, because we
can't wait any longer for your lawyer now.
Mr. Carollo: (SPEAKS IN SPANISH). I explained to him what
the Mayor related to him, that we are going to bring this to
a conclusion by 1 O'clock and since his attorney is not
here, he is going to have to go a head and present his side
of it. (IN SPANISH).
Mr. Carollo: Let me explain to you what... If I can
translate into english what he said he would like to see if
it could be extended again.
Mr. Perez: He mentioned that he had met with Mr. Umberto
Gonzalez and he explained to him his version. I think that
what we have now is a situation that we said we were going
to bring this up by 1. It is now 12:48, unless there is a
gl 73 December 20, 1984
Mayor Ferre: Did Mr. Perez say that he has his attorney?
Where is your attorney? (SPEAKS IN SPANISH).
motion from the members of the Commission wanting to extend
this, then I'm going to ask for a motion either to vote in
favor of this or against it Is there any kind of motion
from the Commission wanting to extend this or defer this for
another time? I'm asking for the second time. Is there any
motion from the Commission wanting to extend the hearing on
this for another occasion?
Mr. Perez: (SPEAKS IN SPANISH).
Mr. Carollo: It's terribly unfair, Mr. Mayor, to ask the
neighbors to come back this afternoon. They can't...
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Well, the problem is that I think we have been
more than fair and I don't see that there is anything we can
do. If your attorney... If you are not willing... If you
are not here to present your covenant, I don't know what we
can do. If somebody wants to make a motion, I would vote
with the motion to extend this.
Mr. Perez: (SPEAKS IN SPANISH).
Mayor Ferre: What's the will of this Commission , one way
or the other? One way or the other.
Mr. Perez: Do the neighbors expect, Mr. Mayor, to discuss
that the first at 3 O'clock?
Mayor Ferre: The neighbors have said that they want this
matter to be voted upon right now. That's their position.
We at the... the last time I extended this matter so that
out of courtesy I think that there has to be a limitation to
all of this. We can't... I mean, it can't be to a point of
abuse. We have done everything we could to extend
courteously. Now, I'll... If somebody wants to move to
extend this to this afternoon I will be voting with that
motion out of a final courtesy to you, but that's it. Yes,
Ma'am, Mrs. Marks.
Ms. Gertrude Marks: My name is Gertrude Marks. Mr. Ferre,
having had seven months to even draft the covenants and
having a law clerk who could have gone down and developed
the covenants during the past month does not require an
extension of this Commission to meet again this afternoon.
I have just seen the draft covenants that they developed
and...
Mayor Ferre: We haven't... you have seen more than we have.
Does somebody have a copy for the Commission?
Mr. Gertrude Marks: Well, now I will tell you something...
No, that's why I'm speaking Mr. Ferre. That's why I'm
speaking. You remember when you went over the points... you
came down to point thirteen, boutiques and professional
offices afford no guarantee. Mr. Villalobos said have no
intention of... I guess I have forgotten what the rest of it
is and you said you would cover that in your covenants, he
agreed. They hurriedly drafted the covenants right now
after having seven months in which to draft it and then they
included a barber shop, a beauty shop, a t.v. repair shop
and electronics shop, that to me is not a boutique, nor is
it a professional office. Mr. Pablo Perez and I spoke
outside on these papers and he said by excluding those items
we were tying his hands. Another item that was mentioned at
the last time. Where would garbage be collected and Mr.
gl 74 December 20, 1984
Villalobos answered "If building set back parking at the
front would be no problem ". There apparently is no plan at
the moment, because they are considering using lot #3 as
their parking lot. Therefore, the building would be at the
front. They have made no determination. At the moment lots
1, 2 and 3 are hired or leased to the land developer of the
16th Street. The Perez family is drawing an income that
will last for at least another year. We have come today
asking that the Commission make its determination and vote
"no" on this project and then give the Perez family and
Villalobos the opportunity to renew their application at
which time they could present any covenants that they
desired. We ask that you make your vote today Mr. Mayor.
Thank you, sir.
Mayor Ferre: All right, what is the will of this
Commission, one way or the other on Item #1? Well, we got
to make a decision one way or another. I have expressed my
position. So, my position is on the record. Obviously,...
Mr. Perez: Mr. Mayor, I think that is important to have all
the document. I think that it is important to have all the
document before we vote on this issue. And it is pending
for a document personally. I would like to have the first
thing at 3 O'clock.
Mayor Ferre: There is a motion that this item be heard at 3
o'clock - - -be continued until 3 o'clock. Is there a second?
Mr. Perez: (SPEAKS IN SPANISH).
Mayor Ferre: No, no, no. Is there a second? There is no
second man and there is no need for you to say anything.
There may not be a second. Is there a second? For the last
time, is there a second? All right, there is no second, so
the items dies for lack of a second.
Ms. Marks: Mr. Mayor, do I understand that the item is dead
and that if...
Mayor Ferre: No, Ma'am. The motion was that this item be
continued until 3 o'clock. Commissioner Perez made the
motion. I had previously stated that I would vote with the
motion, there is no second for that motion. So, that motion
is a dead motion. We are now, therefore, back to Item #1
and it is properly and presently before us for action for
either approval or denial.
Mr. Carollo: Mr. Mayor, you cannot vote for the approval of
an item if you do not have any kind of covenants before you.
So, that is a moot question at this point and time. How can
you vote for something when you don't have any kind of
covenant before, when the gentleman that owns the proper
does not have any kind of counsels before him? There is no
way in the world that anyone can make a motion for approval.
Mayor Ferre: That's correct.
Mr. Carollo: At least not anyone in there right frame of
mind.
Mayor Ferre: This matter is before this Commission
properly. We are on Item 1. We have talked it through. We
have talked it out. It is now time, since there no second
for this item being continued to vote on this item at this
time. Is there a motion? Well, we seem to be at an
impasse. Nobody wants to move for denial. Nobody wants to
move for approval. Nobody wants to move for continuation.
You want to take a few minute break and then...
gl 75 December 20, 1984
Mr. Perez: Mr. Mayor, I will be in the building for thirty
more minutes. I don't think that I can move any motion for
denial or for approval if we don't have all the papers. I
will be available in my office at any time that you want to
continue this meeting as a courtesy to the neighbors I will
be able. But personally I cannot present any motion on this
issue until we have the opportunity to check all the papers.
Mayor Ferre: Anybody else?
Mr. Dawkins: Does this apply which says "If this
application is not legislatively decided within thirty -four
days from December 1984, this application shall be deemed to
have been denied?
Mayor Ferre: That is correct.
Mr. Dawkins: I move we adjourn for lunch.
Mayor Ferre: All right, there is a motion that we adjourn
for lunch.
Mr. Carollo: I second that motion, Mr. Mayor.
Mayor Ferre: Further discussion, call the roll. We will
reconvene at 3 O'clock.
Mr. Carollo: Would you explain to the public what the
motion entitle, Mr. Mayor, so they can understand.
Mayor Ferre: The motion is really very simple. What
occurred here was there was a motion for a deferral until 3
O'clock made by Commissioner Perez. Nobody...
Mr. Perez: (COMMENTS INAUDIBLE).
Mayor Ferre: No, no, I'm sorry. I'm going historically.
Perez moved that the item be deferred until 3. That did not
get a second. I stated that I was willing to vote with that
motion, but I did not second that motion. Nobody seconded
the motion. Then I asked if there was a motion for either
approval or denial. Nobody made that motion. Commission
Carollo stated into the record that if there was no lawyer
and there was no covenants and no representation how could
anybody move for approval. So, then I asked for a motion of
denial. Nobody made a motion of denial. I asked again, is
there a motion of denial? Nobody made the motion of denial.
Since that there was no motion one way or the other and it's
almost 1 O'clock. There was a motion made here that we
adjourn and that we reconvene at 3 O'clock. Obviously, Item
1 is still on the agenda before us. That's where we are and
we have adjourned. We will meet again at 3 O'clock.
ADJOURNED: 12:58
RECONVENED: 3:29
ABSENT: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
39. MODIFICATION OF COVENANT: 4000 -40 -50 VEST FLAGLER
STREET 10 S.H. 40 AVENUE TO PERMIT BANKING INSTITUTION.
Mayor Ferre: We are back. Commissioner Rubin, would you
please take the microphone, sir? We are on Item #1, but I
understand you are in the middle of a Metro Commission
gl 76 December 20, 1984
meeting. You have a client you are representing on Item 10.
It's not controversial and we can handle it quickly. So,
would you tell us quickly what it is that you have in mind.
Mr. Harvey Rubin: Thank you, very much Mr. Mayor. I
appreciate very much your taking me out of turn and I will
respond by being as brief as I can. Thank you, very much.
This matter is here on a request for a modification... This
is Item 4110. This matter is here on a modification of a
covenant that was submitted to the City approximately a year
ago on January 6, 1983 when the property in question was
here on a request for rezoning to C -2 with portions of the
property - - -the back part of the property no being rezoned,
but, however, being permitted for parking with a exceptional
use request.
Mayor Ferre: Commissioner Rubin, so we can cut through this
quickly. What's the administration's position on this?
Mr. Whipple: Mr. Mayor and members of the Commission,
again, keeping it brief per your request, if you will
remember the Planning Department objected to this change of
zoning that was ultimately granted by the Commission and I
believe the change of zoning was sort of granted based upon
the proffers of the original covenant which in part sort of
restricted the amount of activity that might occur on the
site and with this request, particularly, with the banking
facility we believe this would generate more activity than
what the neighborhood or what perhaps you all thought would
be appropriate for the area and based upon that covenant
your policy decision on the change of zoning, we feel the
modification of the covenant would not be appropriate.
Mayor Ferre: Harvey, I will tell you. We have a little bit
of a problem here, you know, the item we are on which is
Item 1, you see all these people that are neighbors here
that have been very patiently waiting for this in previous
meeting. The problem that they have is that there is a
request for a zoning change and there are whole bunch of
covenant that are being proffered.
Mayor Ferre: Well, if I may address that Mr. Mayor, the
neighborhood in this particular instance has been consulted
regarding this change of zoning and I think that if you
would call the item, you would find that no one has been
here, because I have been in touch with the persons that
were involved last year and the only change that we are
asking for here...
Mayor Ferre: Has this been advertised?
Mr. Rubin: Yes.
Mayor Ferre: Have the people in the neighborhood been
informed that we are hearing this today?
Mr. Perez - Lugones: Yes, we noticed everybody and posted
signs in the neighborhood.
Mayor Ferre: You did notice and you posted it. Is there
anybody here who is an objector? Any neighbors here.
Mr. Rubin: Mr. Mayor, listen, one reason why that's so, is
because the building that we are proposing would reduce the
height and mass of the building that was part of the
approval of the zoning. So, we feel it would have less
impact. All we are asking for is to have the ability in a
C -2 zoned district to operate the commercial banking
facility.
gl 77 December 20, 1984
Mr. Carollo: What bank is going in, sir?
Mr. Rubin: The Trust Bank.
Mr. Carollo: The Trust Bank The Royal Trust?
Mr. Rubin: And the owner of the Trust... Pardon me?
Mr. Carollo: The Royal Trust or just Trust Bank?
Mr. Rubin: No, the Trust Bank of Hialeah. Raymond Sanchez
is the Chairman of the Board and this property was purchased
with the assumption that there was C -2 zoning since the
record did not reflect the covenant that had been filed.
The City unwittingly or in some manner did not record that.
So, the position that this gentleman is in is really I think
is so what contributed to by the fact that the record did
not reflect that, but regardless of that, I think that a
strong case could be made. And Mr. Whipple has told me that
he thought that there was some benefit in the fact that the
mass and the height of the building was reduced and all we
are asking... we are still restricting ourselves from any
other retail or store front use on that property even
thought it has been zoned C -2. The only change is for this
- commercial banking facility. The building will be reduced
approximately 25, 30 per cent in mass and height.
Mayor Ferre: Are there any records to the administration of
any complaints by any of the neighbor on this?
Mr. Whipple: Well, there has been no complaints because
there is no development at this point and time.
Mayor Ferre: No, the question is...
Mr. Rubin: Has there been any objections filed?
Mayor Ferre: That's my question.
Mr. Whipple: No, sir.
Mayor Ferre: In other words what you are saying is that in
effect what you are doing is you are reducing the density
and that's why the neighbor has acquiesced on this. Is
that...
Mr. Rubin: The fear that the neighborhood had originally,
that we acquiesced to, see originally on the zoning I came,
there was objectors. The Commission asked that I meet with
the neighborhood. I have met with them. Their fears were
for really heavy kind of retail, particularly of store front
basis. So, we limited it to offices. We think a bank
really would upgrade the nature of the commercial activity
on Flagler at that point.
Mayor Ferre: Thank you, Commissioner. Any questions from
the Commission?
Mr. Carollo: Mr. Mayor, I'm ready to make a motion for it.
I think he has explain an accurate....
Mayor Ferre: Commissioner Carollo moves that this request
be approved, is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion, call the roll on ten.
gl 78 December 20, 1984
NOES: None.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
RESOLUTION N0. 84 -1494
A RESOLUTION APPROVING AN AMENDMENT TO
THE DECLARATION OF RESTRICTIVE
COVENANTS RUNNING WITH THE LAND DATED
JANUARY 6, 1983, FOR THE PROPERTY
LOCATED AT 4000 -40 -50 WEST FLAGLER
STREET AND APPROXIMATELY 10 SOUTHWEST
40TH AVENUE (MORE PARTICULARLY
DESCRIBED HEREIN), TO PERMIT A
COMMERCIAL BANKING INSTITUTION PURSUANT
TO PLANS ON FILE WITH THE CITY PLANNING
DEPARTMENT.
(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 Joe Carollo
Vice -Mayor Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
ABSENT: Commissioner J. L. Plummer, Jr.
40. 4TH TIME TODAY DISCUSSION OF PROPOSED CHANGE OF ZONING
2210 S.W. 16 STREET AND 1600 -02 S /W/ 22 AVENUE FROM RS-
2/2 TO CR -1/7.
Mayor Ferre: We are back on Item #1, Commissioners. All
right, is the attorney for the applicant here? Well, here
we go again. Oh, Mr. Alvarez.
Mr. Al Cardenas: Mr. Mayor, Mr. Villalobos has to attend a
murder trial this afternoon and called me in an emergency.
Mayor Ferre: Mr. Cardenas, are you representing the...
Mr. Cardenas: That's right. Yes, I just started to. Thank
you. My name is Al Cardenas, Mayor, with the practice law
in the City of Miami. The attorney representing the case,
Jose Villalobos was called away to a murder trial, asked me
to intercede on his behalf. I reviewed the prepared
declaration of restrictive covenants, proffered them to Ms.
Dougherty and I'm standing here on his behalf on that very
limited capacity, Mr. Mayor.
Mayor Ferre: All right, have the neighbors looked at the
covenants? Is there... Mrs. Marks, are you going to speak
on this? Have you had the opportunity to look at the
covenants?
Ms. Marks: My name is Gertrude Marks. I saw them briefly
Mr. Mayor. What I did see indicates that under one of the
first paragraphs that they are requesting a change to
commercial residential that does not provide any limitation
for protection to any of the neighborhood. As you went over
81 79 December 20, 1984
in the points at the last meeting, the Perez family had said
they would like to have boutiques and professional offices
and in my comment to the Commission, I said that it did not
afford any guarantee of types of uses.
Mayor Ferret Well, I have to tell you, counselor, that I
think Mrs. Marks is right. I think we went over this point
by point. There were some very specific covenants that were
read into the record and I don't think they are in here.
Ms. Marks: They are not.
Mr. Cardenas: I have... I do not know what was...
Mayor Ferre: Is this your document?
Mr. Cardenas: No, it is not, Mr. Mayor, but I have reviewed
this declaration. I believe it's legally sufficient without
entering into substance. The form is legally sufficient
according to the City Attorney. I have read the contents or
the substance of the covenant and what they do indeed do is
they set forth that even though there will be a district
boundary change, which is CR -2/7, it further said, however,
even though we are going to be CR -2/7 we are not going to do
-the following; and it says "Will not accommodate pinball
machine shops, adult book stores, liquor selling
establishments, bars, lounges, pawn stops, gun shops,
massage parlors and the like ". That's on paragraph one and
pertains to uses. Paragraph two then pertains to the
structure itself and it provides for aesthetic concerns that
were previously expressed by objectors and were felt handled
that issue properly. So, there is indeed a declaration of
restrictive covenant which as to form meets, you know,
legal... the necessary legal criteria and the substance
pretty much supposedly carries the intent that was expressed
by a applicant earlier. I have a copy here. If you all
have one I can... Ok.
Mayor Ferre: What I have is a declaration of restrictive
covenants.
Ms. Marks: Mr. Mayor, you might want to look at the items
that would be permitted under the commercial residential.
Mayor Ferre: Why don't you read it into the record Mrs.
Marks.
Ms. Marks: Mr. Mayor, the record would show that they would
be permitted generally, dwellings, residents, hotels, child
care centers, private clubs, but not for profit and I drop
down particularly to paragraph twelve where it talks about
retail establishment for sale of groceries, wearing apparel,
photographic and hobby supplies, antiques, toys, sundries,
book stores open to the general public, music stores,
florist, delicatessens, meat markets, bakeries,
confectioneries, ice cream stores, drug stores, gift shops,
hardware stores, variety stores, stores for television,
radio and other electronic appliances, jewelry stores, etc.,
pawn shops, arts doors, package and store without drive -in
facilities.
Mayor Ferre: Mrs. Marks, I think that's enough to make your
point. Counselor I think the record will reflect that in
the last several sessions there were some specific
statements about bakeries. Mr. Perez, got up and through
his attorney said "Well, there won't be any bakeries ". Then
somebody said something else and then he got up and said
well there won't be any of that either. See, and what we
have here is a situation where I think it's not fair to Mr.
Perez and it's not fair to the neighborhood, because in
gl 80 December 20, 1984
effect he has agreed to a whole bunch of covenants which
aren't covered inadvertently in this document that Mr.
Villalobos prepared, obviously, because he was rushed and
had to go to his trial and the had his mind on that and not
on this. The point is that these people have suffered a
long time coming back to meeting after meeting after meeting
after meeting and statements have been made, commitments
have been made and they have not been documented. I think
that whatever chances this had of passing in my opinion are
greatly curtailed because of the looseness of this document.
I just don't see - - -and I'm not blaming you, because
obviously, you are just fresh into this - -- I just don't see
how in the world we can deal with something that is as
loosely... I mean, this thing really is not in any
condition...
Mr. Carollo: There is no way that any responsible
Commissioner can deal with something like this.
Mayor Ferre: See, I don't think there is anyway that
anybody is going to vote on this, even those people who want
to vote for it, could responsibly vote for this.
Mr. Cardenas: How are we running on the time, Mr. Mayor,
for passage of this matter?
Ms. Dougherty: If you continue it to a date and certain,
then you won't have a problem with time.
Mayor Ferre: What's the will of this Commission one way or
the other?
Mr. Carollo: Mr. Mayor, there is no way that I'm voting for
this. I don't know about any others here, but the neighbors
have been responsible. They have been here for quite a few
meetings. They have been to all the meetings before the
Zoning Boards and what have you and you know, the applicant
just wasn't prepared. It's not the neighbors fault. They
were prepared. They came here. The applicant ain't
prepared. And there is no way that I'm going to vote for
something that is in this kind of shape.
Mr. Cardenas: Mr. Commissioner, if I can comment. I
apologize for my late intervention and obviously, for not
being as prepared in handling a matter which is not your
concern why I'm here at this late date. I would like to
proffer a suggestion and I... because you can't fight logic
and the logic is that there are folks here who thought they
were going to see certain items in covenants. They don't
see them. You certainly came here ready to make up your
mind based on a set of facts which are not before you. I
would respectfully, suggest that the City Commission
consider continuing this matter to a date certain.
Hopefully, the next possible time that the Commission will
meet on this type of agenda and allow prior to that time the
applicant to prepare a covenant which correctly sets forth
the restriction that were previously proffered on the record
and will allow them time to circulate that proposed
declaration to the neighbors who have patiently been here
all day.
Mr. Carollo: Counselor, I could understand your feelings,
but the problem is we told these people we would vote upon
this today. And it's not fair for them to keep missing work
to keep coming back here time after time. I never seen
anything like this before.
Mr. Perez: I understand that reason a hundred per cent, Mr.
Mayor, but anyhow I.think that we cannot deny these people
the opportunity to clarify the whole issue. Personally, I
gl 81 December 20, 1984
would like to continue for the first Commission meeting of
January.
Mayor Ferre: I will do it either way, just make your
motions and I will take which ever motion.
Mr. Perez: I make that motion.
Mayor Ferre: All right, is there a second to that motion?
Going once. Is there a second to the motion? And is there
a second to the motion that we continue this item? I will
tell you what, just so we put it on the record, it's
obviously, going to fail on a two to two basis, but just so
that we give them the opportunity, I will second the motion
for the purposes of getting a vote on it and then we can
move along. All right. So I will second the motion and
pass the gavel.
Mr. Carollo: Ok. There is a motion and there is a second.
Discussion. Now, counselor, having come at the last second
representing the applicant, the one opportunity that you
were not given which I guess being rushed with this, the
Mayor did not bring up. You just like anybody else here are
In entitled to have a full Commission present. There is not
a full Commission present today. So, you have that option
if you want to ask for a full Commission to be present just
like any other opponent or proponent of anything here today
has that opportunity. So, I want to state that on the
record before we vote, so that you can exercise all your
options.
Mr. Cardenas: If I may ask a question of the City Attorney,
if we request that the matter...
Mayor Ferre: All right, hold on. Madam City Attorney there
is a question.
Mr. Cardenas: If we request that the matter not be voted
upon today invoking the privilege of requesting a full
Commission, will that get us in trouble on the timetable of
having the matter approved?
Ms. Dougherty: Yes, unless you send out notices and it's
legislatively decided within thirty days. You have three
options. Either you have notices sent out and it gets
legislatively decided in thirty...
Mayor Ferre: No, you didn't follow the question. If this
Commission votes... If he ask that a full Commission here
and based on that there is three votes on the Commission to
continue this, this is legally continued?
Ms. Dougherty: Yes. You have to do it to a date certain.
Otherwise, you are going to run into that...
Mr. Carollo: See, what I don't want to happen here is that
this might end up in a two -two vote and we don't listen to
the applicant and extend him the time and then they have the
remedy of going to court and saying that we did not inform
that they had the option of asking for a deferment because
there was not a full Commission present.
Mr. Cardenas: I would respectfully like to request to the
City Commission that in view of the fact that I represent a
number of applicants, many of who sympathizers are here
today and who had the time to collect 300 and some
signatures that in view that type of effort that they be
given the opportunity to have their cause fully heard by a
full Commission and we would like to at this time
respectfully request that that request be considered.
gl 82 December 20, 198t
Mr. Perez: Yes, sir.
Mayor Ferre: Ok. Now, if this thing passes the time
certain would have to be set now and we are talking about
January 24th. Is that correct? And this would be the first
item on the agenda. Is that correct?
Mayor Ferre: All right.
Mr. Carollo: Mr. Mayor, I'm telling you I'm not going to
vote with the motion that was made. But they do have the
opportunity of asking for an extension based on requiring a
full Commission and that's one thing we can't take away from
them. And this is why I brought it up right on the table,
because I don't want this attorney or any other attorney to
come back later on and saying that we didn't give them the
opportunity to have a full Commission.
Mayor Ferre: That however, requires a vote because... Ms.
Dougherty, legally for us to continue this requires a vote?
Ms. Dougherty: Yes.
'Mayor Ferre: There is no way that I can rule on it to
continue it without a vote and if there is not three votes
on this Commission for it, then it's not continued and then
it automatically dies.
Mr. Dawkins: But in my opinion, we got two questions here.
We got a question of the continuance before the attorney
made his request to have a full Commission. So, it appears
to me and I don't know if I'm right or wrong, that the
correct way for this to be done is for the motions to be
withdrawn and then let the attorney request a full
Commission and then somebody move to grant him that. I
mean, unless we do it that way, Mr. Mayor, I don't think we
are being fair.
Mayor Ferre: You are correct. Does the mover of the
motion...You have withdrawn the motion. Now,...
Mr. Carollo: The maker of the motion withdraws and the
seconder withdraws.
Mayor Ferre: That's correct.
Mr. Carollo: There is no motion on the floor now.
Mayor Ferre: So, I will take the Chair back and then
recognize your request, but now there has to be a motion
either for acceptance or denial of that.
Mr. Cardenas: Thank you, Mr. Mayor. On behalf of the
applicant I respectfully and those supporters of the
applicant who are here, who have signed the petitions in
favor of this proposal, I respectfully request that we be
granted the opportunity to be heard by a full Commission and
that that particular petition be granted at this time.
Mr. Carollo: Mr. Mayor, I don't think we have any choice
according to law but to grant their request. I don't like
it, but we are bounded to it.
Mayor Ferre:
Mr. Dawkins:
Mayor Ferre:
gl
There is a motion, is there a second?
I second under discussion.
All right, go ahead.
83 December 20, 1984
Mr. Dawkins: Mr. Al Cardenas please convey to the other
attorney for me that this case is similar to another one
that we had and we finally ended up having to vote "no" as
much as we wanted to help him. Now, we have given this item
enough time and attention. Now, if the owners do not have a
lawyer to meet with the people and come up with something
that everybody can live with, when it comes back before me,
if the neighbor are not satisfied I'm voting "no ". I'm
voting with the neighbors. Now, see they have been harassed
and I have been through this enough and as Commissioner said
I'm only going with this because you have a right to a full
Commission.
Mayor Ferre: I want to tell you that this is the second
time I have voted and last time I made that statement and my
position has not changed. Ok. The way this thing is in the
shape that it's in, I have got no choice but to vote against
it.
Mr. Cardenas: Mr. Mayor, I will convey this message quite
clearly to counselor for the applicant and I apologize to
you for my late intervention. I did it as a matter of
professional courtesy and...
.Mayor Ferre: Well, you better get a copy of the tapes. If
you are going to be handling this matter you better get a
copy of the tapes of the previous three meetings where this
matter has been discussed and go over them very carefully.
Mr. Cardenas: Thank you. I will strongly urge the
applicant to meet with the fine folks that are here this
afternoon and personally apologize to them for the time that
they have taken. Thank you, so much.
Mayor Ferre: Thank you. Call the roll.
ON ROLL CALL:
Mr. Carollo: For reason stated, "yes ".
Mayor Ferre: I am voting "yes ", but I'm placing it on the
record and I going to say it in Spanish so Mr. Perez
understands. Mr. Perez, (COMMENT IN SPANISH).
The following motion was introduced by
Commissioner Carollo Dawkins, who moved its adoption:
Upon being seconded by Commissioner Dawkins, the motion
was passed and adopted by the following vote-
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Vice -Mayor Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
gi
MOTION NO. 84 -1495
A MOTION TO CONTINUE CONSIDERATION OF
PROPOSED SECOND READING ORDINANCE
REGARDING APPLICATION BY "JEMAJO CORP.
FOR CHANGE OF ZONING CLASSIFICATION AT
APPROXIMATELY 2210 S.W. 16 ST. AND
APPROXIMATELY 1600 -02 S.W. 22 AVENUE
FROM RS -2/2 TO CR-1/7 IN ORDER THAT THE
REQUEST MAY BE HEARD BY A FULL
COMMISSION.
84 December 20, 1984
ABSENT: Commissioner J. L. Plummer, Jr.
Mr. Perez:
Mayor Ferre:
only...
Mr. Perez:
I would like to say something .
I'm sorry. I guess it was your father who
I speak both languages.
Mayor Ferre: I'm sorry, go ahead.
Mr. Perez: I would like say that I am perfectly willing and
I would like very much to meet with the neighbors, but I
would also like the neighbors to see me. On occasions I
have tried to visit some of the neighbors...
Mayor Ferre: Mr. Perez, it isn't up to them to see you.
Where the problem is that you and your attorney on the
record made a whole series of agreements of things you were
willing to do and they have not been documented and there is
no way that anybody who plans to vote for this is going to
vote for it unless these things are carefully documented.
You can just can't come in an say well we covenant, we are
going to do and we will talk about it in the future, because
.the moment we vote for a variance then technically you have
the legal right to proceed and that's the kind of a
situation we need to avoid. Thank you, sir. All right,
with our apologies to the neighbors for this terrible
inconvenience one more time. Have we voted on this?
41. DISCUSSION AND TEMPORARY DEFERRAL: REQUEST FOR CLOSURE
OF ALLEY 3001 -3041 GRAND AVENUE AND 33444 -3356 VIRGINIA
STREET.
Mayor Ferre: All right, we are now on Item 417, is that
correct.
Mr. Carollo: Mr. Mayor, can you make the public know that
any applicant or proponent that's here is entitled to have a
full Commission and if there are any that...
Mayor Ferre: Does anybody wish to with draw any item
because there is not a full Commission and you want your
item heard by a full Commission? You have that right. You
can request that. All right, seeing none then we move to
the next item on the agenda which is Item 7. Mr. Grafton?
Go ahead Mr. Grafton.
Mr. Edward Grafton: My name is Edward Grafton. I'm
president of American Associates Development Corporation.
It Item #7 regarding closing of alley on a piece of property
which is located on the corner of Grand Avenue and Virginia
Street in Coconut Grove. Does the Commission know of the
staff report?
Mayor Ferre: Yes.
Mr. Grafton: Ok. This property was seven parcels. Prior
to our acquisition of that property we had seven different
owners. Our approach on the purchase of the property, we
offered a higher than market value, put it out to all the
property owners, told them that they would have to act in
unison or we would buy all or none
gi
85 December 20, 1964
unison or we would buy all or none. This obviously, went
over several months, but we have now acquired all the
property and what is issued here today is the closing of
this alley. There is a portion of the alley right here
which is dedicated to public use and there is another little
fifty -five foot piece right down here that's dedicated to
public use. This piece right in here is just an easement.
When we acquire the whole property we will completely
surround the property so there are no other property owners
affected by the closing of this alley.
Mr. Carollo: You are going to be right across the street
from Mr. Triester's former proposed Commodore Bay Plaza
right?
Mr. Grafton: No, sir. Yes, across the street I guess you
would call it... see McFarlane comes in here, Main Highway
comes in here and this is Grand and you are right, he is
down Main Highway pass that other bunch of stores. Our
property of course, is right across the street from the new
hotel.
•Mr. Carollo: How large of a project are you all proposing
there?
Mr. Grafton: Well, I put this red line on here, see the red
line?
Mr. Carollo: Yes, sir.
Mr. Grafton: That's the dimensions of a football field.
So, this property is may be thirty per cent larger than
football field. It's about a hundred thousand square feet
of property within the property lines.
Mr. Carollo: And how much are you going to construct in
there?
Mr. Grafton: We are going to build a project of about
fifteen million dollars. It will comply with all the City
of Miami regulations. We will not be asking for a variance
and it's a mixed use project.
Mr. Carollo: That's what I was referring to Mr. Mayor in
Mr. Triester's project. Now, when you get projects of this
caliber around there, you know, what's this going to do to
traffic? Thank you, sir.
Mr. Grafton: This project has fifty -nine apartments.
Mr. Carollo: Fifty -nine apartments.
Mr. Grafton: They will be modest apartments from eight
hundred square feet to a thousand and they will be rental
units.
Mr. Carollo: Rental units?
Mr. Grafton: Right. There is about a hundred thousand
square feet of retail on one level below street level and
street level and then there is about seventy thousand square
feet of office space. So, it's a genuine mixed use project
which seems to be what the City would like in that location.
Mr. Carollo: I compliment you all. I think you have done a
terrific job in putting that together....
Mr. Grafton: Thank you. As I say we...
gl
86 December 20, 1984
Mr. Carollo: I think what's very significant is that you
are going to be able to accomplish that without asking for a
single zoning variance.
Mr. Grafton: That's correct. We will not be asking for any
variances.
Mr. Carollo: May be there are others in Miami that can
learn from that.
Mr. Grafton: Well, I hope we are successful. It
certainly... we have been... over a period of time we have
been in communication with all the local organizations in
the Grove. The Chamber of Commerce. The Coconut Grove
Civic Association, Tigertail Association and other
individuals and property owners in the area. So, we...
Mayor Ferre: Mr. Grafton, let me... since J. L. Plummer is
sick and he is not here. He is usually the person that
comes up with these things. You are asking us in effect to
vacate an alley which would then give you a unity of title
on both sides of the property which then permits you to do
this. If we don't vacate the alley you can't build your
project. At least not this project. Usually what happens
is that we ask for a guess as to what the value of our
closing that alley is and then usually and I'm frankly sick
and tired of Black Olive Trees, but I would hope...
Mr. Carollo: Well, I was just going to tell you that this
is the new era and we are going into Oak Trees now.
Mayor Ferre: I would hope that we could get Palm Trees or
Oak Trees or some kind of trees and perhaps. I have no
objections to being in the immediate vicinity of the Grove,
including Black Grove. I think that there is need for trees
all over that area and the Grove is well known for that. I
would hope that the amount of commitment of trees... This
obviously, has to be voluntarily proffered. We can't ask
you for any of these figures, but I would imagine the value
of that alley is quite significant. See you have paid over
a hundred dollars a square foot for that property.
Mr. Grafton: I think it's very interesting to note that
when we were negotiating to buy this property, we said to
the property owners of course, we are not going to buy the
alley, because that really isn't your property and the
property owners said if you want to buy our property you are
going to buy that alley and the price on that is a hundred
dollars a square foot. So, the alley has been paid for.
Mayor Ferre: Not to us. Not to the people of Miami, you
paid for it to the adjacent property owners. We don't
represent the adjacent property owners. We represent the
people of Miami. So, our question to you is what are you
going to do for the people of Miami besides build a very
beautiful project which we commend you for.
Mr. Grafton: We have come here today prepared to answer
that question. The City Manager has sent us a letter
outlining all the various community development items that
he is interested in. Today we..
Mr. Carollo: Sir, I'm sorry to interrupt you. What City
Manager is that? .The present one or the previous one?
Mr. Grafton: Mr. Rosencrantz.
Mr. Carollo: Randy did you send that out?
gl 87 December 20, 1984
Mr. Grafton: I believe Mr. Rosencrantz, it was somebody on
his staff, but we have the letter here.
Mayor Ferre: Well, obviously, it couldn't be Rosencrantz.
He has only been here for a week. What projects... I mean,
we certainly have the capacity to...
Mr. Grafton: This is a letter here which has Mr.
Rosencrantz's name at the top of it and this was dated
December 12th.
Mr. Rosencrantz: May I see it?
Mr. Grafton: Sure.
Mr. Carollo: You better find out who is using your name
Randy.
Mayor Ferre: Pass the letter here and I will pass it over.
December 12th is the date on it. And it's signed by William
E. Parkes, Assistant Director.
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
-Mr. Whipple: Mr. Mayor, that's a different item. That is
the subdivision improvements associated with the replatting
of this land which is predicated upon this Commission's
approval of the vacation and closure of the alley. And that
landscape estimate relates directly to the frontage required
landscaping abutting the proposed subdivision.
Mayor Ferre: Dick, how much land is actually involved in
the alley?
Mr. Whipple: I lost my numbers which I had..
Mayor Ferre: Well, it looks like what? A couple hundred?
Mr. Whipple: There is one segment that's a thousand sixty -
eight square feet gross and there is another segment that's
five hundred fifty square feet for a total of sixteen
hundred something as far as the alley closure portion goes.
Mr. Carollo: Times a hundred dollars a square foot. What
does that come to?
Mayor Ferre: A hundred sixty thousand dollars.
Mr. Carollo: Mr. Mayor, in the past we have taken a very
strong look at receiving gifts in the forms of trees and so
on and I think that's fine, but we should start looking a
little closer in receiving gifts to improve our parks. And
there is a park right next door to the project just a block
away. If he can... that's one that we can look at so they
can make some improvements there. If they would want to
volunteer that, that is. I'm not trying to suggest anything
just be helpful.
Mayor Ferre: I think that's a healthy approach. Anybody
have any further thoughts on this. Mr. Manager?
Mr. Dawkins: I agree with Commissioner...
Mr. Grafton: I want to mention one thing that we have done
to show you the attitude of our investors, because
ultimately any moves that we make in the community I would
like to get the approval of our investors. The Coconut
Grove Art Festival is going to be February 16th, 17th and
18th and in the past this property has been a real problem
for that organization. People have set up and done business
gl 88 December 20, 1984
on this property which have been against the best interest
of the Coconut Grove Art Festival. Our attorney is working
out an agreement whereby the Coconut Grove Art Festival have
complete control of this property through the who festival.
Also, we have been put on notice by utility that we must pay
for enlarging of a water main that is going to serve this
property.
Mayor Ferre: Ed, that's all very nice, but you are beating
around the bush.
Mr. Grafton: I'm making a little special pleading Mayor,
because the number you mentioned there is very high. Ok.
Mr. Dawkins: Well, let me tell you what I have got to say
so we can understand it. As Commissioner Carollo said we
have got enough Black Olive Trees and I have said it. I
have said it seen I have sat here and I have said it loud
enough once until one developer decided to put two clay
tennis courts at Moore Park. Now, this is not something
that's going to be used three times and forgotten about.
It's something that will be used daily. So, when we talk in
terms of the Community benefiting these are the kinds of
benefits that I would be looking favorably at for you to
'volunteer. So, a art festival a day is fine, but the
federal government has cut back on funds. Our parks are in
a shamble and if we do not get the private sector or
somebody to help us bring these parks up where they can
service the people then we are not doing our jobs sir.
Mr. Grafton: I understand that completely.
gl
Mr. Carollo: Let me say this to you, sir. I'm not looking
to get a hundred dollars a square foot in donations. I
think we can be much more reasonable than that, but at the
same time I think you all are very wrong if you thought that
just because you would buy these parcels from the neighbors
that the City of Miami would turn over that alley just like
that. I think we would be very irresponsible if we did
that.
Mr. Grafton: Commissioners, as I said before, I'm president
of the corporation but I do invest other peoples money and I
would... I want to be completely responsive to this
Commission and there is no doubt in my mind that your
invitation for us to participate in some kind of community
development is a very worthwhile thing for us to do.
Mayor Ferre: Of your choice and we are not forcing you on
the location. We would rather have it in inner city or
needed type of park facilities, but it could be in the
Grove, it could be in your immediate neighborhood and we are
not telling you whether it's clay court or a fountain or
improvements with trees or palms or whatever, but I think
you need to think about that as to what you want to do for
this community.
Mr. Carollo: I think what we should do Mr. Mayor, is see
what kind of a price figure that he might want to set in the
amount of the donation he is willing to give, then we can
decide...
Mayor Ferre: All right, sir.
Mr. Grafton: I think I would like the opportunity to
discuss with your staff and...
Mayor Ferre: Fine, you want to do it now and then conclude
this today or you want to come back in January and do it or
what?
89 December 20, 1984
Mr. Grafton: No, I would like to do it today and if you
would give me a recess here I could...
Mayor Ferre: Fine. I will tell you what, we will give an
opportunity to do that. We need to move along Ed. So, we
will now go to another item and come back to Item 7 in just
a moment. We now go to the 3:30 agenda which brings us to
Item 15 as I recall. Is that correct?
42. GRANT 6 MONTH EXTENSION - CONDITION OF DEVELOPMENT ORDER
CLAUGHTON ISLAND LOW INCOME HOUSING CONSTRUCTION
REQUIREMENT.
Mayor Ferre: This is the Ed Claughton, Jr. Squire
Biscayne, Inc., Cheesem Investment and so on. This is
consideration of amending the stipulation of agreement to
condition...
Mr. Dawkins: Mr. Mayor, I move that this be continued. I
asked for some information and I have not had any
information and no one has been back to discuss this with me
and therefore, I would like this continued until January
24th meeting.
Mayor Ferre: All right.
Mr. Carollo: I second the motion Mr. Mayor.
Mayor Ferre: Counselor.
Mr. Robert Traurig: May I speak to that Commissioner? Can
you hear me?
Mayor Ferre: Yes. You want to put that microphone on.
Mr. Traurig: The request really relates to an intention of
that February 12th deadline and the reason that we made that
request is that we recognize February 12th as here. We have
worked very diligently in trying to develop the package of
contributions for the creation of the housing. We have met
with the City Manager's Office with Mr. Pierce, with Ms.
Spillman when she was here in Community Development, with
other developers in the community. We think we are making
some progress. We are not asking you to do anything
substantively here. We are merely asking you to recognize
that February 12th... that we could never complete a
construction of two hundred units with all good faith and
good haste by February 12th. So, we are saying to you that
in order for us to be able to address this issue adequately
Commissioner and to come to you with some concrete proposals
after we have first met with your staff, which we have done
a number of times, to give us instead of February 12, 1985,
an extended deadline to August 12, 1985 not August 15, 1985
to get that accomplished. I would tell you that I will be
with you on a constant basis talking about the programs and
I have every intention to do that, but so far my affords
have been addressed to your staff because I needed to get
some direction from them.
Mr. Dawkins: But you see, sir, I told you at the beginning
and it wasn't the staff's concern, it was mine. My concern
was and I told you what it was and I told you how I felt
about it and I specifically explained to you that we had put
g l 90 December 20, 1984
enough money in Overtown Park /West and that no amount of
this money should go in Overtown Park/ West and nobody has
yet come to tell me where you are going to put the units.
Why you want to put them there. I know you can't build
these houses by the 12th. But we also knew this February
12, 1983.
Mr. Traurig: But let me give you some additional
background, sir. We were advised by representatives of the
City that perhaps the City would look favorably on specific
dollar contribution rather than the creation of housing in
particular neighborhoods so that the City could have
discretion over where to place that housing putting it with
other funds available to the City. We have met with you
staff with regard to that aspect of it, rather than
addressing whether or not a certain percentage of the units
should go into a particular neighborhood. We understand
that neighborhoods other than Overtown and Liberty were
described and we are prepared to do whatever the City
directs us to do. But we were getting some contrary signals
with regard to the contribution of dollars rather than
specific housing stock.
Mr. Dawkins: I'm sorry, sir, but after all your talking
with the staff you still had to come to this Board to get a
vote and I don't think you have discussed this with anybody
at the Commission level.
Mr. Traurig: I appeared before you late July in order to
get a reading from this Commission as to whether or not the
transference of those units from Brickell Key and Claughton
Island to the mainland would in principle be an acceptable
thing based upon the Urban League report and this Commission
gave us that signal saying, yes, but you think that the
units ought to be spread in different neighborhoods. We
have worked very diligently since then. All we are asking
you to do is to approve the extension of that February 12th
deadline so that we can continue to work and now I'm getting
the signal very clearly, not necessarily with staff, but
with individual Commissioners, so that we can come up with a
program acceptable to those Commissioners. We urge you,
sir, please extend the time and we will diligently begin to
meet with you and each of your colleagues in order to get
this accomplished. But the extension of time is extremely
important to us.
Mayor Ferre: All right.
Mr. Pierce: Mr. Mayor and members of the Commission, Mr.
Traurig is correct and we have considered Commissioner
Dawkins's sentiments on this matter and we are in agreement
with that. We have been looking at a proposal submitted by
Mr. Traurig on behalf of his clients. That's proposal has
been referred to housing consultants for the City. We have
not yet heard back from them. So, at this time all we are
looking for is the extension, but we are aware of those
wishes and we do not think that this should be something
else dumped in Overtown Park /West. But we do need that
extension today because it's a matter... it has to go before
the South Florida Regional Planning Council as well prior to
the deadline arrival which is February 12th and that meeting
of the Regional Planning Council will be January 2nd.
The...
Mayor Ferre: And what are they going to do?
Mr. Pierce: The concept as presently submitted is that they
would make a cash contribution which when utilized along
with other financing programs would in fact provide a
minimum of two hundred units of housing.
gl
91 December 20, 1984
Mayor Ferre: Oh, I see.
Mayor Ferre: That's not my question, Walter. Why does the
South Florida Regional Planning Council have to get involved
in this? What business of this is theirs?
Mr. Pierce: They have to make also the determination that
there is no substantial deviation from the developer order.
Mr. Pierce: This was also... you know, they had to review
this item and there was some controversy on it back in 1975.
Mr. Traurig: Our time constraints suggest to us that
action by this Commission would solve a lot of problems for
us and we have no intention, Commissioner Dawkins, to avoid
our obligation to let it slide. If the protocol hadn't been
followed we apologize and we will meet directly...
Mayor Ferre: This would take it to August...
Mr. Traurig: August 12, 1985.
Mayor Ferre: Let me ask the next question. Why August if
the meeting is in February? Why not bring it back in April?
Mr. Rodriguez: If I may we have... If they are going to try
to amend the development order, that you might agree to or
not and because of that we have to go to the Planning
Advisory Board first and then go before you so you can take
an action on that.
Mayor Ferre: You mean to tell me you don't have enough time
between now and April to do it?
Mr. Rodriguez: I mean, we are recommending the extension of
six months to allow for the negotiations.
Mayor Ferre: Bob, I will tell you where I am at. I
understand your plan. I think it is a valid point and you
need to get to February. I am willing to go a little bit
beyond that. I am not willing to go to August.
Mr. Traurig: May we go to June? It will give us plenty of
time to do it in June.
Mayor Ferre: Well, it is up to the rest of the Commission.
I understand you didn't get beyond February. I would like
to frankly take this up in March to see where you are, or
April, or something like that.
Mr. Traurig: Commissioner, would that be an acceptable
extension?
Mr. Dawkins: Mr. Pierce.
Mr. Walter Pierce: Yes, sir.
Mr. Dawkins: What dollars are you negotiating on, 1974
dollars or 1985 dollars?
Mr. Pierce: We are negotiating on whatever dollars it is
going to take us to do that housing now.
Mr. Dawkins: That is now dollars?
Mr. Pierce: Yes. We are not going to be retroactive in
that. Yes, we are talking number of units, Commissioner.
If it takes ...
gl
92 December 20, 1984
Mr. Dawkins: March.
Mayor Ferret Therefore, if they had built these ten years
ago, they probably build one -third of what they are going to
end up having to build them for I was the author of this
darn thing as I remember, and I think that is what I gave
them - I think it was 200 units, wasn't it?
Mr. Pierce: 200 units. 200 is the minimum.
Mayor Ferre: Well, what is the will of this Commission? We
have a motion that it not be extended. I would ask the
maker and the seconder of the motion to extend this through
the February South Florida Planning Council date and bring
it back after that, either in March or April.
Mayor Ferre: March? Okay, the proper meeting in March. The
motion is that this thing be extended through March 2nd.
Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the
resolution was passed and adopted by the following vote-
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
RESOLUTION NO. 84 -1496
A RESOLUTION AMENDING THE STIPULATION OF
AGREEMENT TO CONDITION DEVELOPMENT ORDER
AND TO DISMISS APPEAL (RESOLUTION N0.
75 -423; APRIL 22, 1975), BY MODIFYING
CONDITION "B" TO GRANT A FORTH -FOUR (44)
DAY EXTENSION OF TIME TO MARCH 28, 1985
IN WHICH TO COMPLY WITH THE REQUEST TO
CONSTRUCT LOW INCOME HOUSING ON
CLAUGHTON ISLAND; FINDING THAT THIS
AMENDMENT IS NOT A SUBSTANTIAL DEVIATION
PURSUANT TO SECTION 380.06, FLORIDA
STATUTES, DIRECTING THE CITY CLERK TO
SEND COPIES OF THE RESOLUTION TO
AFFECTED PARTIES.
ABSENT: Commissioner J. L. Plummer, Jr.
43. AUTHORIZE FILING OF FINAL APPLICATION FOR MAJOR USE
SPECIAL PERMIT - LEJEUNE CENTER, INC. 780 N.Y. 42ND
AVENUE.
Mayor Ferre: We are on Item 16, which is the LeJeune
Center, Tony Cabrera, Power of Attorney.
93
December 20, 1984
Mr. Rodriguez: Item 16 is a proforma item. It basically
authorizes the applicant to proceed to file a final
application for a major use special permit and to establish
3 :30 P.M., Thursday, of January 24th for the public hearing
date for the Commission.
Mayor Ferre: Anybody have any objections to that? Are you
an objector?
Mr. Cabrera: No, sir.
Mayor Ferre: You are the applicant?
Mr. Cabrera: Yes, sir.
Mayor Ferre: All right, any questions? Is there a motion
on Agenda Item 16?
Mr. Dawkins: Move it.
Mayor Ferre: Moved by Dawkins.
Mr. Carollo: Second.
'Mayor Ferre: Second by Carollo. Further discussion? Call
the roll.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 84 -1497
A RESOLUTION PERMITTING THE APPLICANT
FOR THE LEJEUNE CENTRE PROJECT, LOCATED
AT APPROXIMATELY 780 NORTHWEST 42ND
AVENUE, TO PROCEED TO FILE A FINAL
APPLICATION FOR MAJOR USE SPECIAL PERMIT
WITH THE DIRECTOR OF PLANNING; PROVIDING
CAVEATS; AND ESTABLISHING 3:30 P.M.,
THURSDAY, JANUARY 2, 1985, AS THE PUBLIC
HEARING DATE FOR THE CONSIDERATION OF
THE FINAL APPLICATION FOR MAJOR USE
SPECIAL PERMIT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo,. the
resolution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner J. L. Plummer, Jr.
44. UNDERTAKE CITY WIDE INDUSTRIAL STUDY, R.F.P. , OUTSIDE
CONSULTANT ETC., BRING BACK MAY 1, 1985.
Mayor Ferre: Agenda Item 31 is discussion regarding N. W.
23rd Street zoning restudy. Is that the Allapattah ... Mr.
Cardenas, are you ready to discuss Item 31? Okay, we are
now on Item 31.
gl
94 December 20, 19$4
gl
• •
Mr. Sergio Rodriguez: By City Commission Motion of 84 -741
of June 20, 1984, you instructed the staff to restudy the
zoning area of the N. W. 23rd Street, which is called the
Allapattah Study Area. The previous zoning study of May 30,
1978 and the atlas codification of this issue from 1980 to
the present. There have been since that time, when the
rezoning was considered, there have been substantially no
changes in the area. The area has remained substantially
the same condition. For this reason we are recommending no
zoning change for the north side of N. W. 23rd Street. The
conclusion that we arrived at was that this existing
residential area north of N. W. 23rd Street is in good
condition. Additional commercial encroachment could have a
negative effect on the area with respect to the stability of
the residential area. Second, the proposed changes would
not be in accordance with the Miami Comprehensive
Neighborhood Plan. Thirdly, any change extending commercial
zoning to the north side of N. W. 23rd Street would not be
consistent with the existing established land use pattern in
the area, and finally, comprehensively, there is no
justification for additional commercial zoning, due to the
fact that ample properly zoned land, I -1, exists in near
vicinity to the subject area, which is vacant or under-
utilized. Mr. Jose Casanova from the Planning Department
will make a short presentation on this.
Mr. Jose Casanova: I am Jose Casanova from the City of
Miami Planning Department. I am making slide presentations
from N. W. 23rd Street from 17th to 27th Avenue. I am going
to start the presentation on the north side of 23rd Street
from 18th to 25th Avenue. You have the Allapattah Comstock
School. You can see a multi - family residential in good
condition. Another multi - family on 23rd Street and 19th
Avenue. We can see a public housing project for families on
23rd Street and 19th Avenue. Properties on 21st Avenue.
Four apartment buildings on 23rd Street and 21st Avenue, in
good condition. These will be affected by the rezoning.
This is a commercial use parking on the north side of 23rd
Street between 21st and 22nd Avenue. Several multi - family
in good condition and zoned single family. You can see how
good these multi - family apartment buildings are. Vacant
lot, used as parking - this is on 22nd Avenue and 23rd
Street. Another multi - family. City of Miami property.
Public housing. There is a parking facility on the north
side of 23rd. You can see even the single families are well
kept most of the time. Some legal uses on 23rd Street, and
this was the building caught in the transition between the
commercial and the residential zoning change. And finally,
this is a church on the north side of 23rd Street. Now,
this is a zoning slide on the south side of 23rd Street. It
is mostly warehouses, and then you will see the illegal
impact this is on the north side of 23rd Street, between
17th and 18th Avenue. You can see the impact on the liberal
commercial uses on the residential. You can see, for
example, these liberal commercial adjacent to the
residential use. You can see the liberal impact of the
commercial on the residential use. These people live there.
Something like this could happen if the zoning is changed to
liberal commercial, also on the north side. This is a
single family on the south side of 23rd Street, impacted by
the liberal commercial use. Again, you can see mechanic's
garage adjacent to single family on the south side, which is
already zoned liberal commercial. This type of use would be
allowed on the north side if the zoning is changed. This is
the area which is already zoned liberal commercial and you
can see the house combined with liberal commercial use on
the north side - very detrimental conditions based on the
zoning. You can see for example, a single family here
impacted by very liberal commercial uses. Basically, what
95 December 20, 1984
• •
we have concluded is that 94% of the housing units are in
good condition, including two public housing projects; that
the liberal commercial encroachment could have a negative
impact on the stability of the residential area; that there
is a severe housing shortage - overcrowding is 26% compared
to 9% in the County before the arrival of the refugees. We
believe that we have approximately 8,700 refugees since 1980
in the area and the vacancy rate is extremely low, 3.8%
compared to the County of 8.4 %; that there is no need for
additional commercial usage in the area because we have
approximately 25 acres of under - developed and under - utilized
commercial zoning. These are some potential redevelopment
sites exactly to the south of the area - N. W. 23rd Street
is that area there. You can see approximately 25 acres of
land available for redevelopment purposes. In addition to
this, we have a lot of commercial vacancies within the
industrial buildings which are vacant, or properties are
vacant due to that the area has experienced an all migration
of commercial users toward the garment center of migration.
We spent over $918,000 to create a buffer zone between the
north and the south of 23rd Street, using Community
Development funds. We are expending approximately $920,000
for a street improvement along the commercial district in
order to attract commercial redevelopment, and we have
- concluded that the area remain in substantially the same
condition since the 1980 court ruling, so basically what we
are concerned is the quality of life of the residents of
Allapattah vs. commercial expansion. This concludes my
presentation.
Mayor Ferre: All right. You are finished? Counselor?
Mr. Al Cardenas: Thank you, Mr. Mayor and members of the
Commission. My name is Al Cardenas. I am an attorney here
in this City of Miami, and I represent a couple of private
interests who are located on the south side of N. W. 23rd
Street in the area of study and who also have property
interests in the north side of 23rd Street. Also here this
afternoon, and I would like to acknowledge her - some folks
who are desirous to be heard on this subject, either by
themselves or through a couple of spokesmen, who are here
who are residents and folks who work in Allapattah, and who
would like to voice their opinion on this what to them is an
extremely important issue and I would like those folks who
are here at this time to stand up so that they could be
recognized by the Commission. Thank you very much. To
shorten the time, Mr. Mayor, I would like to conclude my
brief presentation - just ask a couple of these folks who
are leaders in this area to voice their opinion to you as
how they feel about this study's conclusions and how they
personally feel about the area and what has been correct.
Sometime ago Mr. Mayor, three or four months ago, there was
a motion made and approved which requested that the
industrial area zoning in the Allapattah area be revisited,
if you would recall. Subsequent to that, this City's
Planning Department, and I understand that it is
tremendously understaffed and pressured at this time,
commenced the study; which study is limited to the area of
the north side of 23rd Street, between 27th and 17th Avenue,
and their report has been presented by Mr. Casanova,
basically sets forth the following: (1) that residential
areas on the north of 23rd Street are in pretty good shape -
95% of them are in good shape, to bring industrial into that
area would cause deterioration in the residential area,
north of it, therefore things have not changed since 1980 on
top of all that, and therefore you should leave things as
they are. That is basically what that presentation consists
of. There are some pictures or slides which he has
presented that provide a certain flavor or feeling that I
think is truly opposite to the pictures which I have also
gl
96 December 20, 1984
shown you that are also of uses that are on the north side
of 23rd Street and there we have a problem. I don't know if
all of you had a chance to see the two page synopsis that
the Planning Department prepared, but there was one public
hearing on this before the study was completed. Public
hearing was heard in Allapattah. There were 30 some folks
present. There was a vote, which is 27 for rezoning of that
north side of 23rd Street and 3 against. Mr. Casanova was
kind enough to summarize the feelings of those folks who
spoke at that time. The citizens recommendations were the
following - that the zoning should be changed to commercial
because the existing zoning pattern on N. W. 23rd Street
between 12th and 17th already allowed commercial on both
sides of the street. Citizens said that if zoning is
changed to commercial the residential values will go up.
They said that the zoning change to attract more businesses
that are less intensive commercial use might be considered
and that the area has experienced changes including high
crime and high unemployment since 1980. They also set
forth, and I have a rendering here which corroborates that
fact that there is a need for a more comprehensive study of
industrial area and if the residential zoning is changed to
commercial, taxes will go up and the residential area will
likewise deteriorate. The conclusion of those present there
- I think can best be set forth by a couple of the folks who
were here today. Let me tell you how I feel about the whole
thing. I think that rezoning the north side of N. W. 23rd
Street is but one of many items which should be considered
and has not been considered, to see what can be done about
the industrial area in Allapattah. Basically, you have the
following. If you rezone the north side of 23rd Street
commercial, you will be keeping what you have already done
between 17th and 7th. You have got both sides zoned
commercial. Number two, there is already a lot of heavy
commercial traffic there because the south side of 23rd
Street is already commercial, so you have commercial traffic
by necessity in that area. Number three, there is ample
evidence that if you don't rezone N. W. 23rd Street, the
north side of it, there are businesses which are located in
that area that will close and that will result in a
considerable number of jobs being lost - that is extremely
important because of the current condition of that area.
Number four, we believe in that residential area on the
north side of N. W. 23rd Street is in a declining process
and unless you upgrade it with this commercial use,
industrial use, you are going to have a deteriorated
residential neighborhood which will harbor crime and will
harbor further unemployment, so there are a number of
reasons, justifiably so why you should rezone the north side
of N. W. 23rd Street. Let me tell you though, about the big
picture and what I have in mind about it. What I would
envision us doing, and by us, I am wearing the hat of a
citizen of the City of Miami. What I would envision us
doing that would render justice to the folks who are all
here gathered this afternoon, is have a comprehensive study,
pretty much the same thing that you did on the Miami Design
Plaza. That is a no less important issue. It is probably
of a larger economic impact and it affects the less skilled
laborers of the city who we have to mostly look out for.
You folks that developed a district development plan for
Miami Design Plaza, which subsequently was approved in
principle and became a guide for City agencies and
departments - I would respectfully request that out of this
meeting this afternoon, the following be done - one that a
recommendation be tendered to the Planning Advisory Board
that the north side of 23rd Street from 17th Avenue to 27th
Avenue be rezoned to permit the uses that we have advocated
here this afternoon. Number two, that the City further
instruct the City Manager to commence studying the
feasibility of developing a Miami industrial district
gl 97 December 20, 1984
development plan, which would be an ancillary document to
the Miami Comprehensive Neighborhood Plan for the area
bounded by N. W. 20th Street on the south - N. W. 28th
Street on the north, N. W. 17th Avenue on the east and N. W.
27th Avenue on the west, which plan would propose the
following: Street improvements, extended parking,
beautification of landscaping, improved signage, industrial
design guidelines, promotional activities and funding
alternatives. I would therefore respectfully suggest that
the ultimate result of that particular study would be the
City Commission's approval in principle of a Miami
Industrial District Development Plan, as a guide to the
City. Now, you have already done the following, which is a
start - you have already, by public action in land use study
of 1981 you have had some Community Development block grant
funds allocated for rebuilding the N. W. 23rd Street, and
you have also as provided for in the report, set aside some
monies for street improvement, street beautification and
storm sewers. What you need to do, is you need to dedicate
this concept or develop this plan which will not only
provide the appropriate public utilities report, but will do
the same thing you did for Miami Design Plaza - you come up
with a master plan and you implement it and you help an area
that is in great deterioration. Most of all, we strongly
- object to a conclusion that the area has not changed in the
last five years and I think that the City study of 1981
proves that deterioration has taken place and continues to
take place. Listen to what the City's Planning Department
said in 1981, as compared to now in 1984. "Currently the
area has many of the characteristics of a declining
neighborhood, including an aging housing stock, a decreasing
level of owner occupancy, a decline in the right -of -way and
property maintenance and overall decline in the physical and
visual aspects of the neighborhood, including housing, over-
crowding and over - payment, increasing crimes against persons
and properties and in- migration of less affluent families."
That is quite different from what was said in 1984, and
frankly, I think the folks here agree with what was said in
1981 a lot more than what was said in 1984. Let me tell you
what further was said. It said that the housing projects
for the elderly, which have been constructed in that area
and so necessary, have attracted juvenile delinquents. It
said that what do we do about those. We are proposing a
master plan which will create job opportunities for these
folks. It said that the crime and the perception of high
crime by the residents and property owners is on the
increase. That crime seems to contribute to increased
street deterioration, that there is no comprehensive and
this is your own city's Planning staff. It said there is no
comprehensive planning and implementation strategy for crime
prevention. Also, there is a lack of coordination,
communication among existing governmental agencies and
departments, related to these activities. Basically, here
is the last part which was said - "The following land use
problems are characteristic of the area in general. There
is inadequate separation... ", and this is the key to it. It
said "There is inadequate separation between residential and
commercial areas and between residential and industrial
areas." It further said that "There is inadequate land
dedicated to parking, both in residential and commercial
areas and this is especially evident in this area, resulting
in parking problems, etc." At this time I would like to
conclude my presentation by restating what 1 am here to do
this afternoon, that is to suggest to you that one, you
recommend to the Planning Advisory Board, that yes, rezoning
the north side of 23rd Street is important - that the area
has changed in the last four years, that it deserves
industrial zoning that we are requesting here this afternoon
in view of the deterioration of the neighborhood, the loss
of jobs and the high crime, and that in addition to that,
B1 98 December 20, 1984
•
and much more important than that step, that a study be
undertaken, or a committee appointed to make sure that a
comprehensive plan is undertaken similar to a design plaza,
so that we have a game plan as to what to do about our
industrial area and that is basically what our presentation
consists of.
Mayor Ferre: Mr. Manager, I will give you a comment on this
property. Now, anybody who has driven down that street
knows that that is a very mixed neighborhood. Now, I saw
the pictures and I saw the orchid trees in bloom and all of
that, and I also saw your black and white pictures. I
understand how you present these things, but I think the
issue is that you are both right. There are people there
who live in homes that have a need for the maintenance of a
residential nature. On the other hand, because of the fact
that there is a railroad track through there and on the
south side of that street, it is such an industrialized
hodgepodge of garages and industrial uses and things and
warehouses backing up to that railroad, it creates a very,
very serious transitional problem. Now, I know what the
Department's position is, and that is, why make it worse.
If we go north, we are going to make it worse, and if it is
bad because it is that way in the south, if you increase it
to the north, it will make it worse. Now, we have been
through this a couple of times. We voted for rezoning. The
lower Court turned us down - it was a major thing in the
newspapers, a major community action type of a thing. We
never appealed it, as I can remember. We didn't go to
appeal, did we on that zoning matter in Allapattah?
Mrs. Dougherty: Yes, sir, Mr. Mayor, we lost on Appeal. It
was reversed.
Mayor Ferre: I see. We lost in the lower Court and we lost
in the Appeal.
Mr. Cardenas: No, you prevailed in the lower Court and ...
Mayor Ferre: Prevailed in the lower Court and it was taken
to the Appellate Court and we lost in the Appellate Court.
Now we are back again, you made a study. In 1981 when you
made the study, you concluded that the conditions were not
very good. Well, they haven't improved. If anything, they
have gotten worse, so the conditions are not good. We have
a problem. Now, let me say something else. The other day I
was meeting with my friend, the Mayor of Hialeah, Raul
Martinez. One of the problems that Miami has it that it
can't compete with Hialeah. The reason it can't compete
with Hialeah is that we do not have the amount of land that
Hialeah does, for basic commercial and industrial usage.
The problem is, how do we get around to doing that? Or, do
we decide that perhaps it is best for us not to get involved
in any industrial development and let it all go to Hialeah?
Well, I know, your answer is there are other - and then
those are the gray areas, right? Those are all the other
little odds where people can go in and the problem is that
that is not competitive with what Hialeah has to offer, and
so your answer would be well, "Then perhaps that is the
future of Hialeah and that is not our future ", but the
problem is as Carollo continually says is that Miami is
becoming more and more a City of the very rich or the very
poor and one of the reason is precisely because we don't
have work benches and we are trying to maintain those work
benches. Part of•it has to do with the design center - part
of it has to do with decorator's row, part of it has to do
with Brickell Avenue and the white collar business
community - banking community, education community.
Medical - we are worried now about high tech in medical.
Somewhere along the line, we need to kind of re -look at this
gl 99 December 20, 1984
whole industrial process. Obviously, the place we need to
look is wherever the railroad is, even though I recognize
that the railroad does not necessarily determine where
industry goes, but it is a little bit more logical that
industry be where the railroad is and vice - versa. In other
words, industry does not have to be where the railroad is,
but if it can be where the railroad is, or where the airport
is or where the seaport is, that makes more sense. I don't
know what, if anything we can do at this point, but I do
think that we have to look at the industrial base of Miami,
that is a comment I wanted to make.
Mr. Carollo: Counselor, just what is it you are asking
for here today?
Mr. Cardenas: We are requesting two things - one, that the
City Commission request to the Planning Advisory Board that
the north side of 23rd Street, between 17th and 27th Avenue
be rezoned in accordance with the north side of 23rd Street
between 7th and 17th Avenues, so that the whole N. W. 23rd
Street area becomes one constant corridor and ...
Mayor Ferre: But Al, we can't do that - see, if we do that,
we are back to where we were before and we are going to have
another lawsuit, and then you are going to go to Court and
we are going to win it in the lower Court and you are going
to appeal it and you may lose it in the Appeal, and why go
through the same process that we have already been through?
The only way we can proceed in this, it seems to me is with
your second recommendation. I don't see how we can proceed
with your first recommendation. This Commission can't turn
around and order the Department to do something that the
Department is against. We can't order them, I mean, not in
this country, and we can't turn around and order the
Planning Board as to what we want if they don't - I mean
otherwise, and then what do we have the Board for? The
Board is an independent entity and they make their own
decisions, so we can't tell them what to think. All we can
do is, I think we can say that we subscribe to the premise
that there is not enough industrial base, industrial land in
Miami, and we ought to look at it generically on a City -wide
kind of a basis and then come back and revisit the issue.
Mr. Cardenas: I agree with you Mayor. The reason I am
putting emphasis on this first step is because of the
following. I have had a chance to review the transcripts of
the presentation. I have had a chance to review the lower
court's papers and I have had a chance to review the
documents on Appeal, and it is not appropriate for Counsel
to make comments on other counsel, but I do feel that there
were a substantial number of issues which were not
considered at the higher Court level which should have been
considered that would have made the issue fairly debatable.
What I am trying to suggest, Mr. Mayor, is there there are
enough substantive land use reasons why it is more than
fairly debatable for the north side of 23rd Street to be
rezoned, and a typical answer is you already have it so
zoned between 17th and 7th Avenues and the circumstances are
fairly similar. I think, however, that your point is well
taken, that what needs to be done is that this be one of the
essential ingredients mandated by the City Commission for
the City Manager to look into, but I also think it needs to
have a group such as the group that met to organize the
Design Plaza and the consultants that you hired. You hired
a group of consultants. You paid them I think $30,000.
They came up with a heck of an economic feasibility study.
That was given to your merchant's group. They came up with
a presentation and bingo, you adopted it and you have a game
plan. I think you ought to do the same thing with this
industrial area, but you ought to include the north side of
gl 100 December 20, 1984
•
23rd Street's rezoning as an essential ingredient of it.
The reason for it that is the most basic - you don't have
parking, you don't have adequate expansion space and if you
don't have those two ingredients, you have people who move
away from there to Hialeah and unless you provide the
support facilities through proper land use zoning, you are
going to have folks moving out and you are going to be
worried about - at the same time you are worried out filling
out the empty space while you have people moving out, so,
you know they are not mutually exclusive. Just because
there is space doesn't mean that it usable space. It is
usable where it is commercially feasible for it to be used,
so we have got two different things. We have got to enhance
the industrial area, make it develop properly, but at the
same time, but at the same token, we have got to take stop-
gap measures so that folks won't leave there. That is
basically the concept that is being espoused here.
Mayor Ferre: All right, what is the will of this
Commission? Any questions on this? Yes, sir.
Mr. Rodriguez: I think the point that you made about the
importance of having an industrial land study for the whole
City is a very good one. That way you would know, we would
know what is available, and whether we are in a competing
situation with the rest of the metropolitan area. We are of
the opinion, though, that in this particular area there is -
and believe me, when I approached this study, we approached
it with a completely open mind, but we are of the opinion
after reviewing it, that there is vacant land in the area
under - utilized also that could accommodate some growth in
the area. The points you have made are excellent too. I
know that we have ...
Mayor Ferre: Mr. Rodriguez, let me ask you a question. How
many new businesses, industrial businesses, do you know of
in the last five years that have opened up in Miami? Big
ones.
Mr. Rodriguez: I couldn't answer that question. I don't
know.
Mayor Ferre: Well, I think if you were to make a survey and
looked at it, you would see that there are very few new
businesses in Miami, and you would see that there are an
awful lot of businesses that have opened up in Hialeah.
Now, the taxes are not that different. Hialeah is at eight
and one -half. That point or mill and one -half difference is
going to - somebody who is going to put up a million dollar
factory or warehouse isn't going to look at that point and
one -half difference in the millage, so I don't think that
there are any other reasons or conditions why businesses are
going to Hialeah, other than the fact that there is a supply
and demand operation - you know, we live in a free economy
and what really determines how things happen is the free
market place. It isn't government, it isn't us deciding
what it is going to happen, it is logic and people are not
going to build luxury condominiums in Flagami, because they
are going to build them on Brickell Avenue on the water. It
is just common sense. Obviously office buildings are going
to go along the Coral Way corridor, because people, as they
get closer to Coral Gables - it has a prestige address, good
location, easy accessability and they can get a bigger
F.A.R. than they can in Coral Gables and so on so that is a
hot area. Property is selling and people are building
buildings. Same thing is true of industry. The fact is,
that we are not doing very well in inducing people to come
in. Now, what worries me about that is that it is a double
whammy. Not only are we not bringing in new businesses, but
old ones are considering moving out. When that happens,
ld 101 December 20, 1984
then we have a problem. We may have to bite the bullet and
say, "Look, Miami is not an industrial city, we don't want
any industry. If you want a warehouse, or a meat factory,
or a refrigerator place, or a light manufacturing operation,
this is not the place for you to look." That, in my
opinion, is bad. So perhaps, I think what we need to do is
approach this generically as a city -wide type of a project.
Obviously, we are not going to zone Brickell Avenue or
Coconut Grove land for industry, and obviously, the land
that has the ability to be industrial is fairly limited.
the only part of town that I can think of that lends itself
towards any kind of industrial warehouse type of an approach
is the northwest part of Miami. You are not going to do it
in the west part. I don't see it happening south. I don't
see it anywhere on the east, so I think it is fairly basic
that it has to be somewhere in the northwest part of Miami.
Mr. Rodriguez: My concern on this is looking at the area,
we know that a lot of people have moved out of the area and
we all know that and there is an increase in the vacancy
rate in the area and we are concerned about whatt is causing
the situation besides economic conditions have been changing
in the last few years, because obviously if there is an
increase in the vacancy rate, there has to be a reason other
than the availability of land to move out of the area. It
has been mentioned there has been crime increase and there
have been parking problems and many other things, you know.
Mayor Ferre: You also need a psychiatrist and a
psychologist, an anthropologist and an economist to figure
that out, because, how much does the anti -Latin feeling in
the community - how much does Neal Rogers add to that? I
don't know. How much do the influx of both Mariel and
Haitian refugees psychologically add to that? I don't know!
How much does the economic picture and interest rates have
to do with that? How much does the general ... I mean,
there are 10,000 reasons why that happens, but I think we
need to look at it as city -wide function, so since we seem
to be in general agreement in the general, and not in the
specific, then the only thing I can see, Mr. Cardenas, that
we could do, is take your second suggestion - I don't see
how we can follow your first.
Mr. Cardenas: Well, our first suggestion was to have the
matter, to have the Planning Department submit to the
Planning Advisory Board an application to rezone CG -2/7, the
north side of 23rd Street contingent upon the plan that is
being reviewed by the City of Miami to come up with a
comprehensive industrial plaza plan.
Mayor Ferre: Based on what? They are opposed to it. The
courts are opposed to it. I mean, you know, we keep going
in a circle all the time. I don't sense that we can
arbitrarily unilaterally do that now. Of course, this
Commission can do anything they want and I will take any
motions, but I just don't see that that is the solution. I
think the solution is got to be that we approach it as you
described in your second item.
Mr. Cardenas: That is right. I think that should be done,
Mr. Mayor, but there are two items that I would respectfully
like for that particular study to be charged with, one with
a time certain, if that is possible, because I think the
situation warrants it and two, that the matter of rezoning
CG -2/7 in the north side of 23rd Street be an integral part
of the study.
Mayor Ferre: Fine. Mr. Rodriguez, let me ask you, how long
would it reasonably take for a study like that to be done?
ld 102 December 20, 1984
Mr. Rodriguez: How large the boundaries?
Mayor Ferre: City -wide.
Mr. Rodriguez: I would say four months.
Mayor Ferre: 1st of May?
Mr. Rodriguez: We will try it. By that time we will have
probably some people on the staff already.
Mayor Ferre: Would we do it in house, or would we go
outside and do this?
Mr. Rodriguez: If you give me the option of going outside, I
have a consultant that we can supervise, like we did in
Miami Design Plaza. That might be a better option so I can
come up to the next Commission Meeting available so we can
do it with an R.F.P. for that study.
Mayor Ferre: I would recommend it, and if not, I would be
happy to make a motion that you be instructed to do just
that and that we set up the date of May as the target date.
Mr. Cardenas: Mr. Mayor, there is one housekeeping matter
that I also wanted to bring up to the Commission's
attention, and that is that several folks in the north side
of 23rd Street here are waiting their game plan so to speak
to come down, or participants, or soon -to -be participants
before code enforcement board proceedings, and as to those
matters which deal with land use, I would respectfully
request that the Commission suggest to the Code Enforcement
Board that those items be pulled until such time as we know
the outcome of this study's report.
Mayor Ferre: Can we legally do that? Why don't you pay
attention so we don't have to repeat things twice.
Mr. Perez - Lugones: Mr. Mayor, the Building and Zoning
Division of Fire Prevention and Inspection Services are the
ones who referred the cases to the Code Enforcement Board.
They are the ones that ...
Mayor Ferre: Counselor is saying suspend. I don't think we
can legally suspend, can we?
Mr. Rodriguez: I don't think that we can do that.
Mr. Cardenas: No, we can continue to a specific time, the
proceedings, Mr. Mayor.
Mrs. Dougherty: That is up to the Code Enforcement Board.
Mayor Ferre: That is up to the Code Enforcement Board. It
is not up to the Commission.
Mr. Cardenas: That is correct, but if there is a
recommendation from the Commission, I am sure that will
strongly impress the Board.
Mayor Ferre: Al, if that is the case, what do we need a
Code Enforcement Board for? Let's dissolve it and we will
make these decisions here.
Mr. Cardenas: No, I think that ... there is one small
reason why I disagree with that conclusion and that is the
caveat here said there is a major game plan going on and if
those matters are allowed to continue, and those folks have
no reason to know that there is an overall plan involving
this specific issue that they are dealing with, they may
id 103 December 20, 1984
NOES: None
have to take actions which may likely resolve them in
situations which can never be corrected by your plan.
Mayor Ferre: What is the will of this Commission?
Mr. Carollo: Mr. Mayor, you made a previous motion for it?
Mayor Ferre: Yes, I will make a motion.
Mr. Carollo: Mr. Mayor made a motion. Is there a second?
Mr. Perez: Second.
Mr. Carollo: Any further discussion? Hearing none, call
the roll, Mr. Clerk.
The following motion was introduced by Mayor
Ferre, who moved its adoption:
Mr. Cardenas: Thank you.
MOTION NO. 84 -1498
A MOTION OF THE CITY COMMISSION
AUTHORIZING AND DIRECTING THE CITY
MANAGER TO REQUEST THE PLANNING
DEPARTMENT TO IMMEDIATELY UNDERTAKE A
CITY WIDE INDUSTRIAL STUDY; FURTHER
STIPULATING THAT THE PLANNING DEPARTMENT
IS TO COME BACK WITH AN R.F.P. FOR AN
OUTSIDE CONSULTANT AT THE EARLIEST
POSSIBLE TIME; AND FURTHER STIPULATING
THE PLANNING DEPARTMENT SHALL HAVE FOUR
MONTHS (THROUGH MAY 1, 1985) IN ORDER TO
COMPLETE SAID STUDY AND BRING IT BACK
FOR THE COMMISSION'S CONSIDERATION.
Upon being seconded by Commissioner Perez, the motion
was passed and adopted by the following vote-
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
ABSENT: Commissioner J. L. Plummer, Jr.
Mayor Ferre: All right, is there anything else on this?
Mr. Sabines wants to make a statement.
Mr. Luis Sabines: Comments in Spanish.
Mr. Carollo: Would you translate that, please?
Mr. Perez - Lugones: Mr. Sabines doesn't think that making
the study, using the same people who have been recommending
traditionally against the development of the area is going
to get them anywhere. That is why Hialeah, who has taken a
different approach has progressed and he doesn't think -
there is nothing personal against the Director of the
Department, but it is probably against the policy of the
Department.
Mr. Sabines: Comments in Spanish.
Mr. Perez - Lugones: (Translating) - In theory they are
following the law, but in practice - in the practical
matter, it doesn't work.
ld 104 December 20, 1984
Mr. Sabines: Comments in Spanish.
Mr. Perez - Lugones: They don't provide solutions for
anything. If I need to take a drastic action like cutting a
finger or so, I would do that. They don't offer solutions.
Mr. Sabines: Comments in Spanish.
Mr. Perez - Lugones: He has a lot of respect for the Director
of the Department You just have said that all of the
business is going to Hialeah. I have a bureau of
information at the Chambers. We have 15 or 20 people asking
for what is needed to establish a business and they go to
the Department and they are not helped.
Mr. Rodriguez: Mr. Mayor ...
Mayor Ferre: All right, Mr. Manager, I might point out that
even though sometimes us Latins have a different style and
there is emotion and all that, there is also some logic and
what Mr. Sabines is saying - he has a great common sense of
things and what he is saying is you know, it is all nice in
theory and you are right under the law and that is fine, but
it is the old story of the doctor and the patient, you know,
when the doctor comes out with this fantastic new operation
and the press says "Well, how did the operation go ?" He
says "Terrific, absolutely fabulous - it is a major
breakthrough in medicine, we have a great operation." They
say "How is the patient ?" Doctor says, "Well, the patient
died." That is all very nice, it all depends on what is
important and if what you are looking at is the process of
the new operation, then that is fine and under the law and
under that sense, that is a major achievement, but if you
are looking at the issue on the basis as not whether there
is a new breakthrough in medicine and the operating
technique, but whether the patient lives, well that is
another attitude. The fact is, I mean, we don't know what
this comes from - Mr. Nunez, who is a major businessman in
this community, distinguished member of the Board of
Directors of the Florida National Bank and a major
entrepreneur in this community, has built a major business
in Northwest Meat in that area. Now, the man either wants
to expand in the general area or he wants to move out. Now,
he has been talking about this for five years. I tell Mr.
Nunez that we have done everything we can here. We have
rezoned the property against the Miami Herald, the Miami
News, everybody screaming about this thing. We went to
Court. We won in the lower Court, lost in the upper Court.
We certainly tried to do this, but unfortunately, we have
been unable to do it. Now, isn't that right?
Mr. Nunez: Mr. Mayor ...
Mr. Perez - Lugones: I was referring to - the City Attorney
was looking at a different map and I was just trying to
make - understand what was going on with this.
Mayor Ferre: I think the problem in all of this is we are
right and we are wrong at the same time, and I think you are
right, and he is right and the problem is, I understand you
have got to have the freedom of seeing things as you see
them and expressing them and you have done that. On the
other hand, the fact is also through that we are dying in
the industrial base of Miami, what little there is, is
slowly withering away and we are not doing very much to save
it. Yes, sir?
Mr. Rodriguez: With all due respect to Mr. Sabines which I
respect very much and I like very much, I do think that we
id 105 December 20 1984
have been bending over backwards in trying to find a legal
solution to his problem.
Mayor Ferre: That's true!
Mr. Rodriguez: But it is not within our hands to do
something that is not right.
Mr. Nunez: Mr. Mayor, may I tell you one point only?
Mayor Ferre: Of course.
Mr. Nunez: I know that you and the City Commission have
been trying to solve this problem for a long time and we
thank you for all the help, but we have been waiting for a
very long time to not move our business from Miami. I have
85 employees in my meat company. I tried to expand. I have
a new operation now with the seafood where we need bigger
facilities to do it. We have to storage meat outside of
the City of Miami. We don't have the resource. I respect
all what this Commission has done and the Planning
Department. But, it is very truly, everyone that goes by
27th Street from 17th to 27th knows that there is not one
new house there. There is not one person that wants to move
to that area. It is a very bad area to live there because
of the crime. Nobody wants to be there. Nobody invests in
that area. We want to stay in that area and that is the
truth. We have been fighting for that for years. We have
been waiting for that decision. I don't know how there is a
buffer zone from 17th to 27th where there are only 10
blocks, where we have a few business in that area that they
don't allow us to do it, they extend from 7th Avenue to
17th, we have the zoning in the north area of 27th Street.
It is something that we feel that has been very neglected
for the Planning Department not to have a solution there.
The only solution they have been trying to do is asking us
to move to another place. I don't want to do it. I don't
want to do it and I pledge that I will do my best to keep my
business in this City of Miami. Thank you, very much.
Mayor Ferre: All right, thank you, very much.
Mr. Cardenas: Mr. Mayor, in conclusion, I would like to let
you know that I will stake my professional reputation on the
line by telling you that we can find a legally justifiable
way to rezone the north side of 23rd Street through this
broader game plan if we have the cooperation - I know we
will, of the City Staff.
Mayor Ferre: Thank you Mr. Cardenas, but it has to follow
due process. It has to be within the law and I don't want
to go another one of these rigmaroles where we end up going
to an Appellate Court losing.
Mr. Cardenas: I understand. There were also other lawyers
involved in that process. I agree, Mr. Mayor, I think you
are taking the right step and I think we can expedite it and
I think it will be upheld in Court. Thank you.
Mayor Ferre: All right, sir, thank you very much.
id 106 December 20, 1984
45. DISCUSSION: OFFER OF $40,000 TO BE USED AT CITY DIS-
CRETION AS A VOLUNTARY CONTRIBUTION IN CONSIDERATION OF
REQUEST FOR CLOSURE OF ALLEY - COCONUT GROVE ARCADE,
INC.
Mayor Ferre: We are now on Item 7.
Mr. Edward Grafton: Mr. Mayor, during the interim we have
identified four projects which seem to be very important to
the community. Project Number one is a children's beach on
an out of Dinner Key waterfront for the use of un-
derprivileged children. Marilyn Reed is here. Her group is
very much interested in this project. Commissioner Dawkins
has been interested in this project. Angel Rodriguez is the
Dockmaster of Dinner Key is in sympathy and interested in
this project. Several Coconut Grove businessmen have al-
ready committed to make donations to the project. This is
one project we would certainly be willing to support. Pro-
ject Number two - the Coconut Grove Civic Association and
their representative is here. They are very much interested
in removing the old shuffleboard in Peacock Park and in its
place, putting a landscaped, lighted and paved plaza. Dur-
ing our planning for this project for Project Number three,
we have had many discussions with Jack Luft and he is very
anxious, and I understand other members of the City of Miami
staff are also interested in having an area wide traffic
study for the Coconut Grove commercial area. Project Number
four is that we continue to support the Coconut Grove Arts
Festival and we will go to some expense in preparing our
property for their full use during the Coconut Grove Art
Festival. We are willing to financially support these four
projects with our services and our money. I would like to
have the opportunity to meet with the City Manager and work
through his good offices to accomplish these projects.
Mayor Ferre: My only problem with all of that Ed, is that
sounds very nice, but also sounds very nebulous. You know,
I know how to count black olive trees and I know how to
count improvements to parks or six tennis courts and I know
more or less what that is. What you are saying is very
nice, but what does it mean? I mean, you say you support
the construction of the island. What does that mean - that
you are going to send out five pine trees out there to be
planted?
Mr. Grafton: I understand your feeling about nebulous. I
think that there are a couple of ways to go on this. We
don't want to be too detailed about the money related to the
project.
Mayor Ferre: I don't know how you are going to get this
Commission to vote on closure of that thing unless you get a
little more specific. We are not trying to force you to do
anything, but we need to understand what it is that you are
proffering, because a year from now, I can just see a real
argument - of course at that point, it is too late. There
is nothing we can do about it. Once we have given you that
property, and you have vacated that alley, you have got it -
that is it!
Mr. Carollo: Mr. Mayor, I would feel more comfortable if he
would put a dollar figure they would be willing to volunteer
ld 107 December 20, 1984
•
for any projects that the Commission so decides. This way
we know exactly what we have to play with and we can decide
what projects to use the money that he would want to volun-
teer for this.
Mr. Grafton: If that is the will of the Commission, we
would certainly have no problem approaching it from that
standpoint. We would be willing to make a contribution to
the City in the amount of $40,000 for whatever projects the
City wanted to undertake.
Mayor Ferre: All right, you have heard Mr. Grafton's offer.
Mr. Carollo: That is about 25% ...
Mr. Grafton: I have been in touch with our investors, and
that is the best I can do, Gentlemen.
Mayor Ferre: All right, thank you very much, Mr. Grafton.
Is there anything else that you want to say on this?
Mr. Carollo: Not at this point in time.
Mayor Ferre: All right, thank you very much, Mr. Grafton.
46. APPOINT TONY MARINA TO BLUE RIBBON COMMITTEE TO STUDY
IMPENDING ZONING CHARGES.
Mr. Carollo: Tony, Mr. Marina, do you have any financial
interest in this area right now?
Mr. Tony Marina: Where?
Mr. Carollo: In this particular area that we are assigning
this committee to look into?
Mr. Marina: No, this is not an area. What item? I'm con-
fused, what are we talking about - Item 21?
Mr. Carollo: Mr. Mayor, maybe you can explain to him better
the committee we appointed.
Mayor Ferre: There is a major zoning change that is City
wide about to take place and it affects - why don't you de-
scribe it ... is anybody listening?
Mr. Pierce: Mr. Mayor, these items are text amendments.
They apply City wide and Item 17, for instance, allows for
certain facilities and districts as Amendment "L ", which
came out of a previous zoning code review committee that was
established in 1983, of which I think Mr. Marina served on,
if I am not mistaken. Those were recommended by that group.
Mayor Ferre: Out of two or three years of talking and out
of that committee which had about 20 members, of which you
were one - 40 members - Traurig, Al Cardenas was a member.
Everybody was a member! That was an effective working com-
mittee. Out of that, over the three year period came all
these zoning regulations. It is now in the final phase.
Commissioner Perez, before we voted on it, since they are
major changes, asked that take one last look and have one
more advisory committee. This committee is a five member
committee and it has been appointed with the exception of
one person.
ld 108 December 20, 1984
Mr. Marina: I was going to be nominated by J. L. Plummer,
but I don't know what happened, so I can't talk about that.
Mayor Ferre: J. L. Plummer nominated who?
Mr. Pierce: Hank Green.
Mayor Ferre: Hank Green.
Mr. Marina: I think I came after so .••
Mr. Carollo: Would you like to be on it?
Mr. Marina: Yes, I would.
Mr. Carollo: I haven't made my appointment, Tony. I'll
live up to my word and not like some other people, and I
will nominate you.
Mr. Marina: Thank you. See if you can get somebody to sec-
ond it.
Mayor Ferre: Okay, are you appointing him on the committee?
Mr. Carollo: Yes, I am nominating Tony Marina as my ap-
pointment.
Mayor Ferre: All right, Commission Carollo appoints Tony
Marina to the Overview Committee. Second by Miller Dawkins.
Now it is complete, right?
Mr. Pierce: Yes.
Mayor Ferre: Call the roll on the committee as nominated
and appointed.
The following motion was introduced by Commission-
er Carollo, who moved its adoption:
MOTION NO. 84 -1499
A MOTION APPOINTING Mr. TONY MARINA TO
THE BLUE RIBBON COMMITTEE FOR THE STUDY
OF IMPENDING ZONING CHANGES. (Note:
This was Commissioner Joe Carollo's ap-
pointment, which was pending).
Upon being seconded by Commissioner Dawkins, the motion
was passed and adopted by the following vote-
AYES: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
NOTE FOR THE RECORD: AGENDA ITEM NUMBER 19 WAS CONTINUED TO
1- 24 -85.
47. FIRST READING ORDINANCE: AMENDMENT L SPI -3 ONLY GROVE
PLAZA LTD. CONTINUE REMAINDER OF AGENDA 17.
ld 109 December 2Q, 1964
Mayor Ferre: Now we are on Agenda Item 21.
Mr. Morris Proenza: My name is Morris Proenza. I live at
3851 Steward Avenue. Myself and my partners are here. We
total nine in number, consisting of two lawfirms without a-
bout roughly fifty attorneys in both lawfirms. We appeared
before this Commission two years ago and this Commission re-
zoned the property in question, and if I can clarify that,
the Amendment "L ", the first paragraph in Admendment "L"
deals with a correction to the zoning ordinance and that
came about because we originally had the zoning to build the
building with no height restrictions. When the code was a-
mended, there was a mistake made by the Planning Depart-
ment's consultant - I believe, and I am sure they will con-
firm this in the Commission, and because of that, and
apparently we lost the zoning. The zoning that this Commis-
sion gave us was taken away by inadvertence, by mistake, by
error, by the consultant of the Planning Department. The
petitioner here is the Planning Department. Their purpose
is to correct this error and let us finish our building. I
must tell the Commission that we were not aware of this
change of zoning, although we are attorneys. the notice
that we got did not say anything about leaving out th exemp-
tion on the height limitations, so thinking we had the zon-
ing, we hired architects, we put out bids, we hired a build-
er, we had the plans drawn up, we went to the Planning
Department and they said everything is fine. We went to get
the building permit which we thought was a routine thing be-
cause you had rezoned the property and they said - No, we
can't do that now because we made a mistake and it has been
changed, but we can give you a permit for now to build your
foundation and give us time to correct this error and we did
that - we got that permit. We started building the build-
ing. The building is now under construction. and if this
Commission does not agree with our position and with that of
the Planning Department which is to correct this error, what
we will have to do, obviously, is obey the law, stop con-
struction of the building, lay off about 100 people and wait
until we can somehow legally get our building permit, that
is why this particular little amendment and this little par-
agraph is very, very important to all the people sitting
here before you. You have the power, if you so choose, to
let us build our building, and again, I would like to remind
you before I close that this very Commission unanimously at
the second reading voted to rezone our property, so we are
not here on rezoning. We are here to get back legally what
this Commission gave us over two years ago.
Mayor Ferre: What property do you represent?
Mr. Proenza: The name of the group is Grove Plaza Limited.
We have three lots on S. W. 28th Terrace. We are, as a
practical matter, on U. S. 1, across from the Coconut Grove
Metrorail Station.
Mr. Carollo: It is called, what again, Grove?
Mr. Proenza: The group is Grove Plaza Limited. We own
three lots on 28th Terrace.
Mr. Carollo: Is that next to that Gulf Gas Station?
Mr. Proenza: It is behind - I'm not sure - which Grove sta-
tion, sir? I'm sorry.
Mr. Carollo: The one on the highway?
Mr. Proenza: Benson's? It is the street behind that, but
down towards U. S. 1. If you are coming down U. S. 1 head-
ld 110 December 20, 1984
ing towards downtown, you would take a jog to your right.
It is a little street that is about two blocks long and this
amendment happens to affect that street and our three lots
in our building, which is now under construction.
Mr. Dawkins: Did we give them a permit for the foundation?
Mr. Proenza: Yes, sir, we did. What has been reflected
before you today is accurate. We did, under the old zoning
proceed. The plans were reviewed. The zoning was changed.
As you will remember, as we were coming into 9500, we went
through several exercises, trying to translate the City Com-
mission's policy from the old zoning ordinance into 9500
terms and was indicated, this one went by the board and so
we concluded it in the series of amendments, which the com-
mittee had reviewed in order to pick up this mistake and
this problem of not having included it and translated it
into 9500.
Mr. Carollo: Madam City Attorney, how can we correct this
right now?
Mrs. Dougherty: Vice Mayor Carollo, we can pass the ordi-
nance on first reading as presented to you, amended by de-
leting those portions that you want referred to the commit-
tee and passing only the one person that affects this piece
of property and I have that prepared.
Mr. Carollo: Okay, can we do that then, and I will make the
motion for it.
Mayor Ferre: Joe, before you make your motion I would like
to ask, when we do that, does that give them the right to
continue the construction on their building. In my opinion,
we are in error and we are penalizing them for something
that we did, and I want to know how to let them build their
building. There is high interest rates and everything -
let's don't create hardship on people. We are here to help
people, so how can we legally help them get through with
their building.
Mr. Richard Whipple: In our opinion, we are on that direc-
tion now. We are not trying to penalize them. The only le-
gal way to do it is for this amendment, and as you know,
this amendment has been bouncing for quite a while. Had the
amendment been considered and perhaps this item separated
out from its initial concept, there wouldn't be any bind -
it is my understanding that if we proceed with this portion
of it in a timely manner, this will take care of their solu-
tion and let them continue with their project.
Mr. Proenza: Mr. Dawkins, may I say one thing. You can
help us tremendously if the Commission could do this - if
you do decide to vote in favor of this to put us back on the
agenda for January 10th. I have been advised by the City
Attorney that if we get back on January 10th, then there is
a 20 day waiting period before it becomes law and you can
waive 10 of those days and the way we calculate it, if you
do all of those things, at that point we will be up to 45
feet and we will just make it.
Mayor Ferre: Is there a motion?
ld 111 December 20, 1984
Mr. Carollo: There is a motion.
AN ORDINANCE ENTITLED-
Mayor Ferre: Is there a second? Further discussion? All
right, on first reading, read the ordinance.
AN ORDINANCE AMENDING THE TEXT OF ORDI-
NANCE NUMBER 9500, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, BY AMEND-
ING SUBSECTION 1533.3 OF SECTION 1530
ENTITLED SPI -3, COCONUT GROVE MAJOR
STREET OVERLAY DISTRICT BY PROVIDING AN
EXCEPTION TO HEIGHT LIMIT IN RO -3/6 DIS-
TRICT; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by
Commissioner Dawkins and passed on its first reading by ti-
tle by the following vote-
AYES: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
The City Attorney read the ordinance into the public
record and announced that copies were available to the mem-
bers of the City Commission and to the public.
Mr. Proenza: Thank you very much.
Mayor Ferre: Mr. Grafton, I see you are back.
Mrs. Dougherty: Mr. Mayor, could we have a motion to con-
tinue the rest of them to a date certain?
Mayor Ferre: Which of the rest of them?
Mr. Dougherty: Rest of 21 to January 24th, I believe?
Mr. Carollo: So moved.
Mr. Dawkins: Second
Mr. Carollo: There is a motion and a second. Call the
roll.
Mr. Ongie: Roll call to continue the remainder of 21.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 84 -1500
A MOTION CONTINUING CONSIDERATION OF AMEND-
MENT L, TEXT AMENDMENT TO ORD. 9500, TO THE
COMMISSION MEETING PRESENTLY SCHEDULED FOR
JANUARY 24, 1985, EXCEPTING THE SPI -3 POR-
TION OF SAID AMENDMENT WHICH WAS PROPERLY
PASSED AND ADOPTED ON FIRST READING BY THE
CITY COMMISSION ON THIS DATE. (Passage of
the SPI -3 portion of Amendment L is to come
back to the Commission at the meeting of
January 10, 1984 for passage on Second Read-
ing).
ld 112 December 20, 1984
NOES: None.
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
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
ABSENT: Commissioner J. L. Plummer, Jr.
NOTE FOR THE RECORD: AGENDA ITEM 18 WAS CONTINUED FOR FUR-
THER INFORMATION.
48. CLOSE ALLEY: 3001 -3041 GRAND AVENUE - 3344 -3356 VIR-
GINIA ST. COCONUT GROVE ARCADE INC. - ACCEPT $100,000 IN
CONSIDERATION THEREFOR.
Mayor Ferre: Mr. Grafton.
Mr. Grafton: Mr. Mayor, after several phone calls to Europe
and other places in this country, my group is ready to make
an offer of $100,000 and we understand and would be comfort-
able with working with the City Manager on that and using
his good offices to direct us in the expenditure of those
funds.
Mr. Carollo: Okay, in other words, what you are saying is,
that your group is willing to give $100,000 for the City
Manager, City Commission to use as we see fit, whatever pub-
lic projects ...
Mr. Grafton: Yes, sir.
Mr. Carollo: I accept your group's generosity and I make
the motion that this be approved.
Mayor Ferre: Item 7. This is a motion on the street clo-
sure on 7, as amended with the conditions that have been
proffered voluntarily. Is there further discussion on Item
7? Call the roll.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
RESOLUTION NO. 84 -1501
A RESOLUTION CLOSING, VACATING, ABANDONING
AND DISCONTINUING THE PUBLIC USE OF THAT
PORTION OF THE 10 FOOT ALLEY LOCATED WEST OF
THE WEST RIGHT -OF -WAY LINE OF VIRGINIA
STREET AND + 173 NORTH OF THE ZONED NORTH
RIGHT -OF -WAY LINE OF GRAND AVENUE TO ITS
CENTER LINE, SAID ALLEY RUNNING WEST FOR A
DISTANCE OF + 106.8 FEET, AND THAT PORTION
OF A 10' ALLEY BEGINNING + 55 FEET WEST OF
THE ABOVEMENTIONED ALLEY RUNNING WEST FOR A
DISTANCE OF + 55 FEET; ALL AS A CONDITION OF
APPROVAL OF TENTATIVE PLAT NO. 1245 "COCONUT
GROVE ARCADE :, SUBJECT TO THE PAYMENT TO THE
CITY OF $100,000 FOR USE BY THE CITY FOR
CIVIC PROJECTS.
ld 113 December 20, 1984
NOES: None.
(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
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
ABSENT: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
49. FIRST READIIIG ORDINANCE: TEXT AMENDMENT ARTICLE 20
DRIVE -IN ESTABLISHMENTS.
Mayor Ferre: Agenda Item 20 - is there any objection to Item
20? Is this one of the items that we were going to defer?
Mr. Whipple: No, I believe we haven't had any questions on
this. Again, this is text amendments, which problems have
come to light, which we are trying to correct and support
the public wishes in accommodating some changes that are
needed.
Mayor Ferre: Does anybody wish to address the Commission on
Item 20?
Mr. Rick Ruiz: Yes, my name is Rick Ruiz and I am with Ken-
tucky Fried Chicken. We are going to putting a new store in
your City, as done before, a lot of other stores. We are
planning one on Flagler and 10th in that location we find
ourselves that we are restricted on building, especially
our drive - through because of this ordinance. We have been
waiting patiently for this to get passed. We understand
that you all are going to be ...
Mayor Ferre: Mr. Ruiz, I don't think anybody is objecting
to it at this point, so I think we are ready to move. Does
anybody wish to discuss this any further on first reading?
There is a motion by Carollo, seconded by Dawkins. Further
discussion on Item 20? Read the ordinance.
ld 114 December 20, 198
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING THE TEXT OF ORDI-
NANCE NO. 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA BY AMENDING
SECTION 2031.2 ENTITLED "REQUIREMENTS
FOR RESERVOIR SPACES, APPLYING GENERAL-
LY," OF SECTION 2031 ENTITLED "DRIVE -IN
ESTABLISHMENTS; CAR WASHES," ENTITLED
"REQUIREMENTS FOR RESERVOIR SPACES, AP-
PLYING GENERALLY," TO PROVIDE A SPECIAL
EXCEPTION WITH APPROVAL BY THE CITY COM-
MISSION IF: CAR WASHES, TELLER WINDOWS
OF DRIVE -IN BANKS, TICKET SERVING SPACES
OF DRIVE -IN THEATERS; AND OTHER DRIVE -IN
FACILITIES (INCLUDING BUT NOT LIMITED TO
FOOD AND BEVERAGE SALES, AND LAUNDRY AND
DRY CLEANING PICK -UP STATIONS) DO NOT
PROVIDE THE MINIMUM NUMBER OF RESERVOIR
SPACES; FURTHER, AMENDING THE OFFICIAL
SCHEDULE OF DISTRICT REGULATIONS, PAGES
3 AND 4, ZONING DISTRICTS 0 -I AND CR -1,
TO REQUIRE SPECIAL EXCEPTION, WITH AP-
PROVAL BY THE CITY COMMISSION, OF ALL
DRIVE -IN FACILITIES THAT DO NOT PROVIDE
THE MINIMUM NUMBER OF RESERVOIR SPACES;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by
Commissioner Dawkins and passed on its first reading by ti-
tle by the following vote-
AYES: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
The City Attorney read the ordinance into the public
record and announced that copies were available to the mem-
bers of the City Commission and to the public.
50. FIRST READING ORDINANCE: AMENDMENT "M" - ARTICLE 20.
Mayor Ferre: Take up Agenda Item 22.
Mr. Whipple: This amendment also to the text of 9500 to al-
low child care facilities with less restrictions than what
were originally proposed by Ordinance 9500. As the City is
developed physically, the restrictions that were being im-
posed could be accommodated by brand new structures, which
really didn't accommodate the need for child care facili-
ties. This would allow existing structures that did not
meet what we considered excessive setbacks and things of
that nature to still be considered for development in neigh-
borhoods where they are needed. This likewise is an addi-
tional problem that has come to our attention which wasn't
properly addressed in 9500 and we are trying to correct it
for the needs of the neighborhoods and the community.
ld 115 December 20, 1984
Mayor Ferre: Does anybody wish to address this issue on
Item 22? This is on first reading. What is the will of
this Commission?
Mr. Carollo: Moved.
Mayor Ferre: Is there a second? Further discussion? Read
the ordinance.
AN ORDINANCE ENTITLED-
NOES: None.
AN ORDINANCE AMENDING THE TEXT OF ORDI-
NANCE 9500 AS AMENDED, THE ZONING ORDI-
NANCE OF THE CITY OF MIAMI, FLORIDA BY
AMENDING SECTION 2018, ENTITLED "OFF -
STREET PARKING" BY PROVIDING FOR CONDI-
TIONAL OFF -SITE PARKING WITHIN CERTAIN
EXPRESSWAY RIGHT -OF -WAYS, AND 2036 ENTI-
TLED "CHILD CARE CENTERS," BY REVISING
ACCESS LIMITATIONS, LOT AREA REQUIRE-
MENTS, AND MINIMUM SIDE YARD REQUIRE-
MENTS; FURTHER, BY AMENDING THE OFFICIAL
SCHEDULE OF DISTRICT REGULATIONS: PAGE
1, RS-1, RS -2 ONE- FAMILY DETACHED RESI-
DENTIAL, AND RG -1 GENERAL RESIDENTIAL;
AND PAGE 2, RG -2, RG -2.1, RG -2.2, RG -2.3
AND RG -3, UNDER GENERAL RESIDENTIAL,
TRANSITIONAL USES, STRUCTURES, AND RE-
QUIREMENTS, TO PROVIDE FOR TRANSITIONAL
USES BY SPECIAL PERMIT; AND PAGE 4, CR -3
COMMERCIAL- RESIDENTIAL (GENERAL), UNDER
PRINCIPAL USES AND STRUCTURES, BY ADDING
NIGHTCLUBS AND SUPPER CLUBS AS USES PER-
MITTED GENERALLY; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by
Commissioner Dawkins and passed on its first reading by ti-
tle by the following vote-
AYES: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
ABSENT: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
The City Attorney read the ordinance into the public
record and announced that copies were available to the mem-
bers of the City Commission and to the public.
51. BRIEF DISCUSSION & TEMP. DEFERRAL TEXT AMENDMENT
OVERTOWN /PARK WEST.
Mayor Ferre: We are now on Agenda Item 24, the zoning text
amendment, first reading, Planning Department, on Item 24.
Can you address the Commission on Item 24?
Mr. Herbert Bailey: Mayor and members of the Commission, my
name is Herbert Bailey. I am the Project Director for the
S. E. Overtown /Park West Redevelopment Plan and what we have
before you is the first reading of an ordinance that will
begin to establish the zoning overlay for the entire
ld 116 December 20, 1984
Overtown /Park West project areas. We have for the past
three or four months, held any number of discussions with
property owners. We have had any number of discussions with
registered residents and since we began this whole process
in September, 1982, we have come to what we consider to be a
reasonable milestone in beginning this massive redevelopment
program that you have initiated since 1978. The matter be-
fore you today is one of zoning. We have within the audi-
ence a number of property owners and residents that have
been invited and we have sent notices to all of them indi-
cating that we will be discussing these matters today to do
a zoning primarily that would represent the redevelopment
plan that this Commission approved in July of 1982, a
redevelopment plan that the County Commission approved in
December of 1982. Essentially, what we have here is a
recommendation to implement a residential zoning that will
be in compliance with the redevelopment plan that has been
approved - a primarily residential zoning plan with
commercial support. And what we are recommending here is
that this Commission at least begin to hear on first reading
some of the points of view that staff is considering.
Mayor Ferre: Wait, Herb, you know, as I remember, that is
why I am sorry Commissioner Perez is not here. He wanted to
hold this whole thing up and have it go through this commit-
tee, so in fairness to Commissioner Perez - he is in his of-
fice and I know he is very busy doing other things, but we
need to get him in here, so Nester, would you tell him that
we can't hold up much longer and he needs to get in here.
Mr. Bailey: Should I wait until the Commissioner arrives?
Mayor Ferre: I think you had better wait. There is two of
us. We don't have a full Commission and the guy who wants
it held up is not even here.
Mr. Dawkins: While we are waiting, Mr. Bailey, was the
question resolved with Mr. Sawyer?
Mr. Bailey: Yes, it was, sir.
Mr. Dawkins: Where is he, or his representative?
Mr. Bailey: Well, Mr. Sawyer and the question that he had
was one in regard to validating the submission of their pro-
posal to the developers, and that has been taken care of.
Mr. Dawkins: Okay, thank you, sir.
52. FIRST READING ORDINANCE: AMENDMENT "F" ARTICLE 5.
Mayor Ferre: Now we have Mr. Perez back here, we have Item
Number 17. Commissioner Perez, there were some people that
were complaining. Would they step forward? Are they still
here? I guess they have left. There were a series of citi-
zens that were here on Item 17. If they don't come in, I
can't this thing forever on them. Why don't you put this
chart down on the floor, and restate your concerns.
Mr. Raul Perez: My name is Raul Perez and the problem is
that this item has been deferred twice before, I believe,
and the last time was to be referred to as further study.
In my opinion, it is not really that difficult. You have a
staff that has gone through it already and I don't see any
need for any more study, I think that ...
ld 117 December 20, 1984
Mr. Perez: What is it they are requesting, Mr. Mayor.
Mayor Ferre: No, no. This is item 17, which is ...
Mr. Perez: In this case, I think that what they are re-
questing is a waiver. Maybe we can extend the waiver. Is
it legal?
Mayor Ferre: We can't do that in the waiver. What they are
asking is for us to do it first reading, so that we can get
it before us on January 24th.
Mr. Raul Perez: Right.
Mr. Perez: In January we have second reading?
Mayor Ferre: Second reading. Do you have any objections to
that?
Mr. Perez: I understand the reason.
Mayor Ferre: Anybody have any objections to this? If not,
Commissioner Perez moves Item 17 on first reading.
Mr. Perez: On first reading. I would like to have the rec-
ommendation of the Blue Ribbon committee before the second
reading. I think they will meet in January.
id 118 December 20, 1984
Mayor Ferre: All right, read the ordinance.
AN ORDINANCE ENTITLED-
NOES: None.
AN ORDINANCE AMENDING THE TEXT OF 9500,
THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING SECTION
515.1,TO DELETE AN ERRONEOUS REFERENCE
SECTION 606 TO PERMIT CERTAIN FACILITIES
AND PLANNED DEVELOPMENT DISTRICTS, SUB-
SECTIONS 612.6 TO CLARIFY LANGUAGE PER-
TAINING TO LIGHT PLANES, SECTION 1568 TO
CLARIFY OFF- STREET PARKING SPACE RE-
QUIREMENTS, SUBSECTIONS 2000.1.1 AND
2000.1.2.1 TO CLARIFY LANGUAGE RELATIVE
TO VARIATIONS IN FLOOR AREA RATIOS AND
OPEN SPACE REQUIREMENTS, SUBSECTIONS
2003.5 TO CLARIFY LANGUAGE PERTAINING TO
HOME OCCUPATIONS, 2008.8.1 TO CLARIFY
RESTRICTIONS APPLICABLE TO MULTIPLE FAM-
ILY DISTRICTS, 2102.1 TO INCLUDE ONE -
FAMILY SEMI- DETACHED, TWO- FAMILY DE-
TACHED MULTIPLE DWELLINGS AND ADDING NEW
LANGUAGE PERTAINING TO THE USE OF NON-
CONFORMING LOTS, 2102.1.1 TO PROVIDE FOR
CLASS C SPECIAL PERMITS FOR USES EQUIVA-
LENT TO ONE- FAMILY SEMI - DETACHED, TWO
FAMILY DETACHED, AND MULTIPLE DWELLINGS,
2510.2.3 TO CLARIFY HEIGHT AND LIGHT
PLANES, 2510.3.2 TO PROVIDE FOR NOTICE,
BY DELETING SUBSECTION 2802.2, 2802.2.1,
2802.2.2, 2802.2.3 AND SUBSECTION 2800
AND 2802 TO ABOLISH PRELIMINARY APPLICA-
TIONS; SUBSECTIONS 2803 RELATIVE TO
STANDARDS OF FINAL REVIEW OF CONSTRUC-
TION DOCUMENTS AND 3004 PERTAINING TO
NOTICE REQUIREMENTS, SUBSECTION 3101.1
TO PROHIBIT FLOOR AREA RATIO VARIANCES
AND 3602 TO CHANGE DEFINITION OF FAMILY;
FURTHER BY AMENDING THE OFFICIAL SCHED-
ULE OF DISTRICT REGULATIONS ON PAGE 2 BY
ADDING RESIDENTIAL TO THE TITLE OF TA-
BLES ONE AND TWO; PAGE 3, RO -1, RO -2,
RO -2.1, RO -3 AND RO -4, RESIDENTIAL OF-
FICE TRANSITIONAL USES, STRUCTURES AND
REQUIREMENTS TO PROVIDE FOR NEW TRANSI-
TIONAL REQUIREMENTS AND LIMITATIONS AND
ADDING NON- RESIDENTIAL TO THE TITLE OF
TABLES THREE AND FOUR AND PAGE FOUR, CR-
2, COMMERCIAL RESIDENTIAL, PERMISSIBLE
ONLY BY SPECIAL PERMIT BY APPLYING THE
PROVISIONS TO NEW AUTOMOBILES, CONTAIN-
ING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Perez and seconded by
Commissioner Dawkins and passed on its first reading by ti-
tle by the following vote-
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
ABSENT: Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
id 119 December 20, 1984
The City Attorney read the ordinance into the public
record and announced that copies were available to the mem-
bers of the City Commission and to the public.
53. FIRST READING ORDINANCE: TEXT AMENDMENT ARTICLE 28.
Mayor Ferre: Do you have a problem with Agenda Item 23?
Anybody have a problem with Item 23 on first reading? Is
there a motion on 23 on first reading?
Mr. Dawkins: The Planning Department recommends denial,
why?
Mr. Rodriguez: Item 23, the Planning Department recommended
approval, but when it went to the Planning Advisory Board,
it failed to get recommendation for approval, so it consti-
tuted denial. Planning Department recommended approval.
Mr. Dawkins: Moved.
Mr. Perez: Second.
Mayor Ferre: It has been moved and seconded on first read-
ing. Read the ordinance.
AN ORDINANCE ENTITLED-
Was introduced by Commissioner Dawkins and seconded by
Commissioner Perez and passed on its first reading by title
by the following vote-
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
AN ORDINANCE AMENDING THE TEXT OF ORDI-
NANCE 9500 AS AMENDED, THE ZONING ORDI-
NANCE OF CITY OF MIAMI, FLORIDA BY A-
MENDING ARTICLE 28 ENTITLED "MAJOR USE
SPECIAL PERMITS: DETAILED REQUIREMENTS"
TO PROVIDE THAT ZONING BOARD, INSTEAD OF
THE PLANNING ADVISORY BOARD, WILL MAKE
RECOMMENDATIONS IN REZONINGS, VARIANCES
AND SPECIAL EXCEPTIONS ASSOCIATED WITH
MAJOR USE SPECIAL PERMITS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
ABSENT: Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
The City Attorney read the ordinance into the public
record and announced that copies were available to the mem-
bers of the City Commission and to the public.
54. FIRST READING ORDINANCE: TEXT AMENDMENT ARTICLE 15 SPI
S.E. OVERTTOWN /PARK WEST OVERLAY DISTRICT.
ld 120 December 20, 1984
Mayor Ferret We are now on Agenda Item 24 - Mr. Bailey. Go
ahead.
Mr. Herbert Bailey: Mr. Mayor, for the purpose of Commis-
sioner Perez who missed my opening statements, I will just
be as brief as possible and overlay why it is that we ap-
plied for this particular ordinance. The plan that was ap-
proved by the City and County Commission in July and Decem-
ber respectively in 1982, calls for a residential downtown
development. We have gone through any number of difficult
circumstances in getting this plan implemented and today we
have at least to this point been able to resolve those is-
sues and get to the point of at least receiving proposals
from the developers. We are now in our next major turning
point, and that is to implant a zoning that is in compliance
with the comprehensive plan that was approved which is stip-
ulated in State Statute 163 regarding redevelopment propos-
als. What we are presenting here today is the overlay of
the zoning that will implement a primarily residential area
for the Overtown /Park West redevelopment area. We have on
many occasions made this presentation to the property own-
ers, to the residents, to the Downtown Development Authority
and now on two occasions to the Planning Advisory Board on
which on the first presentation it was unanimously passed
6 - 0, and at the last deferral, we want back to the Plan-
ning Advisory Board, for which arguments were heard, points
of view were heard and the Planning Advisory Board again
passed it 5 to 1. We are quite concerned and interested
that we get this issue before the Commission so that we can
begin the process of implanting a zoning ordinance that will
be in compliance so that we can comply with the selection
that will hopefully take place in February those developers
who have made proposals. We have in the audience a number
of property owners and residents and interested parties that
would like to have their point of view heard and I think
that at least at this point in time we should begin with
this Commission so that we can begin the process of coming
out with a zoning ordinance that is going to compliment and
fit into to the plans that you have instructed us to
implement. To get stated, Matthew Schwartz who is our is
our Assistant Director would get right into the technical
details and we can start from that point.
Mr. Matthew Schwartz: As Herb has mentioned, the plan as
constituted, the zoning plan, does implement the plans that
were approved by the City and the County Commissions for the
S. E. Overtown /Park West area. That includes the 1979
Overtown Plan, and the 1982 S. E. Overtown /Park West Plan
and the recommendations of the Park West Plan that was pre-
pared in 1980. As part of the planning process, commercial
development was always considered to be as part of ancillary
development, not to be the major focus of this project. The
major focus of this project has been recent 1982 to create
housing for low and moderate income families in the downtown
area. One of the objectives of the redevelopment plan and
the zoning as we are presenting today is to follow some of
the directions as is provided by the City Commission, which
has been since 1976 and the approval of the Miami Comprehen-
sive Plan has been to concentrate commercial activity within
three nodes of the downtown area: the Omni area, the Flagler
Street core, and the Brickell Avenue area. Presently these
areas have about 23,000,000 square feet of commercial devel-
opment, or it is anticipated in 1985, with a projected
growth of 40,000,000 by the year 2000. An important aspect
of the zoning was to create a unified development pattern
between the Overtown and Park West area and one of the major
goals of the City Commission and direction that we have re-
ceived since 1982 is to create a unified project area, not
to allow Park West to become a major commercial area and
Overtown to become the home of the low income housing.
ld 121 December 20, 1984
Also, in preparing the study, one of the major factors were
used, was the market study that was prepared in 1983 by Ham-
mer, Filer, George Associates, which state that by the year
2000 this area has the potential for that 1,1, 1.2 million
square feet of commercial space and the potential for 9000
new residential units, so based on previously approved
plans, and an updated market study, we went ahead and pre-
pared the zoning ordinance. It is important that we enact
the zoning ordinance now, because the city has really two
tools available to itself to get redevelopment going in S.
E. Overtown /Park West. There is a $32,000,000 public com-
mitment, basically from the City, with some funding from
Dade County, Federal Government and the State of Florida to
begin the redevelopment - the nine block redevelopment area.
Zoning is the other tool to encourage private development
and to begin to focus development in certain areas of the
project area. The area today is warehousing. Their is ap-
proximately 1,000,000 square feet of commercial development
in the project area and marginal residential development.
The total F.A.R. for the project area, the Park West side
area today is .6. The area has been an area if
disinvestment, the tax assessments from 1980, '82 to 1983
dropped. Last year there was a slight increase. It is an
area of disinvestment. The major public investment in this
area is in the private investment in this area in the last
10 years, is in the Greyhound Bus Terminal, two warehouses
and the renovation of Camillus House. There has been mini-
mal project investment. The zoning ordinance, as Mr. Bailey
has stated, has been extensively reviewed by the Overtown
Advisory Board, the Park West Association. On June 5th we
had a public meeting where every property owner was invited
to this room. Approximately 60 people showed up. We went
over the zoning ordinance. The zoning ordinance has basi-
cally ... there are four special SPI districts established
for the area. There is an SPI -15, which includes the whole
project area. That is from 5th Street to I -395, Biscayne
Boulevard to 1 -95. That overlay requires a Class C permit
for any construction required, and setbacks, view corridors.
The inclusion of parking structures overall is rather non-
controversial The SPI -16.1, which is the properties on
Biscayne Boulevard from the Freedom Tower north to 1 -395,
Biscayne Boulevard to N. E. 2nd Avenue, is an increase in
the density. Pleasantly the area is zoned at an F.A.R. of
1.72. The zoning ordinance proposes an F.A.R., base commer-
cial F.A.R., as two going up to five for mixed use develop-
ment. It does require, as you would build over to ... if
you care to put more commercial than an F.A.R. of 2, you
would be required to provide residential development, either
on -site, or within the project area. The properties on
Biscayne Boulevard, due to the way properties are measured
under the new 9500. In actually, the F.A.R.'s are double.
Each of the properties that front on the Boulevard gain ap-
proximately 82 feet in calculations. The next zoning dis-
trict is SPI -16.2, which is adjacent to the Overtown Transit
Station. Here the commercial /residential densities have
been increased. We are talking about a commercial density
F.A.R. of 2 and a residential of 2 with a maximum of 4. The
most controversial aspect has been the SPI -16, which is sort
of the heartland of the project area. This is the area
where the major public redevelopment activities will occur.
We are proposing in this area that the present commercial
F.A.R., which is 1.72 - it is warehousing and light indus-
trial, be modified to .4 with a residential which is now
permitted in the bulk of this area, to be increased to 2.6
with a maximum F.A.R. of 3. The zoning as we are recommend-
ing allows for over 10,000,000 square feet of commercial de-
velopment and 16,000,000 square feet of residential develop-
ment - that is the potential, if everything was built to the
maximum zoning, which in most areas does not occur, so there
is plenty of opportunity to put commercial development with-
ld 122 December 20, 1984
• •
in the project area. It is concentrated on Biscayne Boule-
vard and by the transit station. The commercial development
within the heartland, the SPI -16, would be really support to
the residential component of the area. Those are the major
highlights of the zoning ordinance, very rapidly.
Mayor Ferre: All right, I am sure that we have people who
want to make presentations here, so at this time I will open
it up to the public for any statements that the public wish-
es to make. Are there any speakers on this? Go ahead.
Mr. Christy Wilson: My name is Christy Wilson. I am with
the lawfirm of Brigham, Moore, Muir, Gaylord, Schuster &
Sachs. with offices at 203 S. W. 13th Street in Miami. I
would like to speak briefly to the proposed zoning ordinance
as it relates specifically to Block 45, 46, 55 and 56.
Mayor Ferre: Mr. Wilson, let me interrupt for a moment, be-
cause I think we need to understand where we are so we don't
go spinning our wheels. Commissioner Perez, at the previous
zoning meeting, requested that before we vote on this issue,
that we have a special blue ribbon committee of five. The
reason this committee has not met is because there was a
missing member. That member was appointed this afternoon -
-Tony Marino. Now, I don't mind sitting here listening to
all the testimony and discussion, but in effect, I think it
was your will, and the Commission went along with you that
before making final determination, that they recommend and
advise us as to what they thought best. Now, are we now go-
ing to listen to testimony and vote on this, or are we going
to wait until that committee comes back and reports?
Mr. Wilson: Mr. Mayor, if I may ... if that is what the
Commission is going to do, and that is what we would like
the Commission to do, having appointed the Blue Ribbon Com-
mittee, we would like the recommendation at least of that
committee before we go forward. I ...
Mayor Ferre: That is why I am bringing it up now, so we
don't go through an hour and one -half of testimony and then
end up deferring it anyway. That is where we stood last
time, so, Mr. Bailey, what changes the situation? I want to
preface it by saying that you know where I stand and I am
going to be voting with you on your recommendation on this.
Mr. Bailey: Mr. Mayor, really, I think we could cut through
a lot of this, because as you know, for months we have been
going through a considerable amount of discussion with prop-
erty owners and their attorneys. I think the real problem
here is the recommended change and the commercial F.A.R.
from 1.72 and 16.1 district to .4 with an increase of resi-
dential to 2.6. We contend that the F.A.R. overall has been
increased and it has been increased to comply with plans
that have been approved. We cannot recommend the zoning
that does not comply with your previous approval, and I
think that property owners which have been recommended by
their attorneys contend that if we make a reduction in the
commercial F.A.R., then that is going to have some effect on
the establishments of value when we come in to purchase the
land on eminent domaine and if we do. Now, we have gone
through this process. We have talked with professional ap-
praisers and we are convinced that of the nine items to be
considered and the determining of zoning is only one, so I
think if we could get right to the point and begin to under-
stand why it is that we are having a different point of
view. I don't think - I could be wrong, and I don't speak
for their representatives, but that is not an opposition to
the zoning. That is not an opposition to the redevelopment
process, but this whole matter boils down to a matter of
whether or not we are going to pay more money than what we
ld 123 December 20, 1984
have, or whether they can get more money because we are re-
ducing commercial F.A.R.
Mr. Wilson: May I respond, Mr. Mayor?
Mayor Ferre: Yes, in a moment, but let me ask you a ques-
tion first, Herb. When we discussed this - this came up for
discussion at a Downtown Development Authority meeting and
if you remember V. J. Varki had an attorney. I thought it
was a very wise recommendation. Have you pursued that at
all?
Mr. Bailey: That recommendation that V. J. had is not con-
trary to the recommendation that the representative of the
property owners are making and we pursued that.
Mayor Ferre: It is, or it is not?
Mr. Bailey: It is not, and whereby if we ...
Mayor Ferre: Well, why don't you explain that to the rest
of the Commission?
Mr. Bailey: That if we retain the 1.72 commercial F.A.R.
and if anyone would like to build higher commercial densi-
ties, they would have to build corresponding residential ac-
tivity. But, what happens with that Mr. Mayor, is that we
are not permitted to have a moratorium on building. Anyone
can go in and build a commercial facility now that would be
completely imcompatible with the redevelopment plan and if
we pursue the efforts of going through with eminent domaine,
and if the Commission desires to have a residential facility
there, then we are going to have to pay a tremendous amount
of money more than what we would pay if we did put in the
zoning at the today.
Mayor Ferre: You see, I think the bottom line of all of
this is that you may be cutting your nose off and spiting
your face inadvertently, because if nothing is done in this
area, all of the perception of tremendous increased value,
in my opinion, are nothing more than somebody's imagination.
The reason why values are going up is because everybody is
perceiving that something dramatic and interesting is going
to happen there. If we all of a sudden stop and it all
comes to a halt and if this goes back, then let me tell you
where you are. You are in what I call the FEC 36th Street
syndrome. You know what that is? That is Mr. Ball saying
"Well my land is worth $20,000,000." And it is, Mr. Ball,
if somebody wants to buy it, but if nobody wants to buy it,
then it isn't worth $20,000,000 and the fact is, that the
FEC keeps holding out for what they perceive to be a very
valuable piece of property, and they don't sell it, and no-
body buys it, and it isn't developed and it isn't redevel-
oped and people come in and they have plans for putting sta-
diums or this, or that, but it never gets done! It never
gets done because we never get to a point where we bite the
bullet, and the point is that we have spent a lot of time,
money and effort, and here we have a program of spending
millions of dollars, $20,000,000 immediately here, but if we
don't proceed with that, then in my opinion, you are just
going to have warehouses and old rundown buildings and ten
years from now, it is not going to be a hell of a lot dif-
ferent than it is now! I will give you the final proof of
the pie - South Beach, okay? Everybody has been talking a-
bout South Beach, grandiose plans - nothing happened at
South Beach, and you know what? Property values haven't
gone up in South Beach. If anything they have gone down and
we get stuck here! Art, I want you to listen to this, be-
cause 1 see and I know you and Tony, and all the property
owners. We get stuck on rut that ... see, you guys want a
id 124 December 20, 1984
higher F.A.R., and if this Commission divides and nothing
happens and we get the dreamland situation, and I've got to
tell you, if we do what the property owners want us to do,
in my opinion, you are killing the project - we can't afford
it! Because, at that point, with that kind of an F.A.R.,
there is no way that we can proceed with this project - you
may as well forget about it, and we are going to have anoth-
er South Miami Beach, Venice project in our hands. Nothing
is going to happen. And you say "No, no, it is not going to
happen ". I know, that is what they said in South Beach too.
Ten years later, nothing has happened - nothing! There is
no projects going on in South Beach. There are no projects
on the FEC property on 36th Street - none! So, all of those
high- falluting dreams and people say "No, that is not good
enough, we want more of that land, best maximum use, much
more!" In my opinion, I think that what Mr. Barkey was rec-
ommending is a very practical way of approaching this and
letting each of you ... see, what you don't want is, you
don't want to get gypped out of the true value of that prop-
erty. I think that is a fair concern. And you are saying
what you are doing is, you are devaluing my property by pro-
posing this and what we are saying, what Barkey is recom-
mending, which is a good middle ground is - all right, when
.you go to court, you can do it one way or the other and give
you the alternative to choose which way you want to look at
it and then technically under that premise, nobody is taking
any value away from your property. What I don't think we
can do is go to the great increased zoning, I mean the
F.A.R., because when you do that, you definitely increasing
the value of that property to a point where the City can't
afford to proceed in this project. When we get to the eval-
uations and we get to the negotiations and we get to the
taking, we are not going to have the money to do it! Then it
is just going to be another one of these beautiful dreams
that people have in this community that never get to reali-
ty.
Mr. Bailey: Mr. Mayor, I would just like to point out one
thing - we already own, at least it is already in public
ownership, we haven't determined value yet, and we are in
Court - Block Number 46, 45, 55, 56 and 36 and we have
started a process of appraising Blocks Number 25, 24, 37 and
44 and our time schedule indicates that sometime within A-
pril of 1985 we will perhaps make an offer to purchase on
those other blocks and by August we expect to have those
blocks also in public ownership and the whole premise of
this plan is the public acquisition. What determines what
goes on that property will be determined by the Request for
Proposal that we put out. It is not going to be determined
by establishing a zoning now and there has been no indica-
tion at all that any of these property owners are going to
be developers or investors. I have no problem at all - I
like high F.A.R., but I like to see it coming from a devel-
oper. We are the applicants of the zoning.
Mayor Ferre: On the other hand, Herb, you can't blame the
property owner for making the maximum buck that he can on
the property and that is human nature and that is the Ameri-
can way, I mean, this is a free country and you can't blame
them for wanting to maximize it. If they have a property
that is worth half a million dollars and if they can get a
higher increased F.A.R. and hot dog, here we go, you know
this is going to be a great project and we are going to
build a new City, and this is going to be like gang busters
and we are going to build a billion dollars worth of build-
ings and why shouldn't we accept a half a million when that
property is going to be worth $1,000,000, if we can get that
F.A.R. increased, and we will get more money - what I am
saying to you is, when that happens, you are killing this
project and you are not going to get more money because no-
ld 125 D_eepmhPr 2fl_ ¶1L
body is going to buy those dilapidated (excuse me) run down
warehouses that are in a fairly run down part of town that
nobody is going to want to live in - nobody is going to buy
that property to sit on it. The only reason people are go-
ing to want to buy that property is to improve it and if
there is no plan to improve it, and if this thing falls on
its face and it is another South Beach, ten year dream world
that never happens, you are going to be sitting in that
property and the F.A.R. doesn't mean anything. Let me give
you one last case in point - Downtown Miami. Downtown
Miami had open zoning. As a matter of fact, it still does,
the core area, you can almost build anything you want there,
and yet, for year and years, with the exception of 100
Biscayne, 1 Biscayne, and maybe two or three other proper-
ties, nobody did anything in downtown Miami! So what is the
difference whether you can build a 100 story sky scraper and
go to a 30 F.A.R., if nothing happens? So, all you are do-
ing there basically is maintaining a false value if the
property remains fallow all the time. So, I understand that
you have an interest in getting the maximum out of your
property; on the other hand, the City needs to have a rea-
sonable assurance that we can proceed with a major, major
project. Somewhere in between there has got to be a happy
.medium.
Mr. Art Teele: Mr. Mayor, I'm Art Teele, and I'm always
pleased to come before the Commission. We represent Park
West Development Association. We're here of course to join
with our colleague, who is also asking for a deferral.
Without really getting into the merits, because I do think
the sentiments of the Commission, as you've articulated them
probably move toward a satisfactory temporary resolution,
that being a deferral of the action today. We'd also like
to say that we commend the Commission regarding the
selection of the Blue Ribbon panel which is reviewing this
matter. They met yesterday and also recommended that the
action be deferred. The important thing, I think, that can
be said today is that the Blue Ribbon panel, if no other
reason, will serve as a neutral and disinterested panel to
get the facts straight; because the facts as they are going
back and forth are not clear and the facts of course, like
circumstances over time, have changed. Specifically, Mr.
Mayor, the property owners are not here requesting a higher
F.A.R. That of course, has been stated by the Mayor and
stated by staff. The fact of the matter is that on the
specific issue of the F.A.R. we would merely ask that we be
at a minimum held harmless in terms of our zoning that we
have now. I do want that on the record and we'll expand
that before the panel. But I think the real issue, Mr.
Mayor and Commission members is that wee have the same
interest that the City has. We don't want a South Beach; we
don't want a situation where we're just dragging our feet.
The panel which is diverse; it has a developer; it has an
environmentalist. It's also a very substantive panel. They
voted on yesterday to hold hearings on January 11th to
January 14th. We think that is a very important first step.
But there is also another issue. I think that issue is
going to have to get some full discussion and airing before
that panel. That issue is simply this: is 1984 the total
development plan and 1985, the total development plan that
we are looking at, one that really rationalizes the
contemporary needs for housing and redevelopment in this
ld 126 December 20, 1984
area along with the State of the Art technology and planning
theories and applications that relate to urban development
in and around transit stations, coupled with the dynamic
growth under this very able leadership that the City of
Miami has. We have three basic issues. The redevelopment
and housing issue I think we are in complete agreement on.
The dynamic nature and growth of the City of Miami, I think
we are in basic agreement on. But the basic question that I
think we're going to have to try to get before a group that
has a disinterested ear, and that has a total objective ear
is just basically what is the contemporary best way to meet
both of these challenges, the need to provide for
redevelopment, the need to provide for housing, and at the
same time to maximize the development and the dynamic nature
of the City of Miami. To that extent, when you look at the
contemporary theories and application regarding mixed use of
retail, commercial, and residential areas in transit
stations, some things have happened, Mr. Mayor, that weren't
known three years ago and four years ago. Some studies have
been done, some developers have spoken to this issue. We'd
like to get some of this State of the Art information that
cities like San Francisco and Atlanta are going into the
view toward meeting both of these other two issues that
we've raised.
Mayor Ferre: Art, if we were to say tonight, O.K., fellows,
we'll go along with you. What is it you want? 1
Commercial and 4, and all the bonuses, you'd say, let's go,
right?
Mr. Teele: Well, I have sort of a conflict, because I....
Mayor Ferre: You'd say let's go, that's it. Are we ready
to vote on that? If the Commission is ready to accept
Mr. Teele: I think I can speak for what the Park West
Association would want, but I also think that in developing
a consensus with the association, which we are working to to
present before the Blue Ribbon Committee, Maurice, I really
think that there is a far more dynamic program....
Mayor Ferre: What's the issue? There's one issue; it's SP
16 and there's F.A.R. There's no other issue. What other
issues are we talking about? That's the issue. Your
clients want more F.A.R. I understand.
Mr. Teele: No, no, we want at least to be held harmless on
the F.A.R. Let's not say we want more F.A.R. Let's say we
want to maintain the current.
Mayor Ferre: All right, you want to be held harmless. Is
there any other issue other than F.A.R.? That's the only
issue that Tony and you have an interest. I understand. If
I owned your property, I would feel absolutely the same way.
I want to get the maximum F.A.R. I can get there.
Mr. Tony Alonso: Mr. Mayor, I'm Tony Alonso. I am owner of
La Epoca Department Store. I'm also first vice president of
the Park West Association. I am not a lawyer, and I guess
that's why on many occasions I have spoken and I can't seem
to get the point across. It isn't just a money issue. I am
a citizen of this community. I want the best for this
community.
Mayor Ferre: I accept that.
Mr. Alonso: I have gone on record that we're not in
opposition of the plan. We're just not in agreement with
the way the plan is being carried out. It isn't just a
matter of F.A.R.
ld 127 December 20, 1984
•
Mayor Ferre: What else is there?
Mr. Alonso: The property owners of this area are not
sellers of property. We're not here requesting anything as
a developer. You have to understand we have been in
business, most of us, 90% of us who are here, have been in
business in this area, some of us for generations. We're
happy where we are. We're only willing to go through the
inconvenience of moving only for the purpose of the
betterment of the community, but we're happy where we are.
I have the north part of my store in N.E. 7th Street. My
store is in N.E. 1st Street and 2nd Avenue.
Mayor Ferre: Tony, nobody is saying otherwise. We all
stipulate and agree that you have the best interest of the
community at heart. You want to do the right thing, and
that's fine. You are here. You are not land speculators.
You've owned the land for a long time. It's a working piece
of property. It's a warehouse; it is in use. All that is
acceptable. Nobody is saying that you're trying to rape the
City or to do something terrible. That is not the point.
What is the issue? What do you disagree with? It's F.A.R.
'Mr. Alonso: I'd like to have Raul come here for a second
because we've had lengthy discussions and I can't seem to
disagree with him. So I'll let him here so he can speak on
our behalf.
Mayor Ferre: Raul, tell us if we can see the availability
of commercial F.A.R. up to 1.7. Isn't that the magic
number?
Mr. Raul Rodriguez: That's right. That's the one that is
in place right now.
Mayor Ferre: Leave it in place and put all the other stuff
on top of it. Do you have any disagreements?
Mr. Raul Rodriguez: No, we don't have any disagreements,
but the reason why that is the issue, Mr. Mayor, is what I
would like to explain.
Mayor Ferre: Fine.
Mr. Raul Rodriguez: The reason why that is the issue is
because we believe that what's best for this area is for it
to be developed with the participation of the private
sector.
Mayor Ferre: Fine.
Mr. Raul Rodriguez: When this original plan was drafted, it
depended on public acquisition of this property....
Mayor Ferre: ....to sell it to the private
Mr. Raul Rodriguez:...and public acquisition has happened on
nine blocks and thereout for development. We believe that
under the current climate, that may not be possible. If
that is not possible and you lower the F.A.R. We're not
raising it. You're lowering it from 1.72 to .4, Commercial,
you're definitely, in my opinion....
Mayor Ferre: If three members of this Commission tonight
say, "Raul, you're right. The light just went on. We agree
with you. I make the motion right now that it be 1.7 just
the way it is and the rest of it be on top." Do we have
anything else to argue about?
ld 128 December 20, 1984
Mr. Raul Rodriguez: No
Mayor Ferre: You'd accept that, wouldn't you? You would,
you want that. Right? You want that. Do you want
something more?
Mr. Teele: I'll accept that on behalf of the association.
Then, I'll come up and would oppose it and would ask the
Commission to make some other considerations.
Mayor Ferre: What are the other considerations?
Mr. Teele: Maurice, this isn't really why we're here
tonight, but I think there is a way to capture the community
concern about the historical and ethnic significance of
Overtown. I think we need to be looking at development
plans...the City owns the property.
Mayor Ferre: That's not in place?
Mr. Teele: We ought to be looking at special ordinances
that would require a higher affirmative action as it relates
to jobs.
Mayor Ferre: That's what Herb has been doing.
Mr. Teele: Mr. Mayor, in the area, as the part of the
overall plan, some of the developers are on notices as to
what needs to happen. We need to be looking also....
Mayor Ferre: Art, Herb has spent three years on that. He's
done one of the most magnificent jobs that has been done in
America in exactly that area with the strong support of this
Commission and Howard Gary and Herb has done a magnificent
job. I don't think that anybody can improve on what's been
done in that area. I submit to you that the bottom line is,
the only issue we're talking about is F.A.R. That's all
that is before us. I'm saying, let's stop all this beating
around the bush and get right to the heart of the issue.
The issue is density. That's all. I want to tell you I am,
I am not an opponent to this. Look at my record as to how I
voted up at the Omni area. We ended up, Bob Traurig and
Marty Fine were part of that whole project. We ended up
with a 7 F.A.R. You remember that whole thing. It kept
going up and up and up. I said fine, let's go. That's why
we're developing in Miami and Miami Beach isn't developing.
Because we keep, we are believers in the process of giving
people the maximum that they are asking for to give them the
right to develop. The only thing that I'm saying to you is
that's what the issue is, it's F.A.R. There is no other
issue. If that's the case, I would recommend that we move
on this on first reading tonight. We let this committee
meet on the 11th and 14th and deal with the F.A.R. issue
next time.
Ms. Judy Burke: My name is Judy Burke from the law firm of
Fine, Jacobson, Schwartz, Nash, Block, England, 2401 Douglas
Road. I'm here on behalf of Ted Arinson and the properties
of Hamilton, who own the block of property on Biscayne Blvd.
between N.E. 8th and N.E. 9th Street. The issue is F.A.R.
But it's not the same issue. It's not 1.72. We have a
small little block of property sandwished between a
commercial F.A.R. of 6 and an unlimitted commercial F.A.R.
That's what we want to discuss. We would like to support
the deferral so we can have an opportunity to speak to the
Blue Ribbon Committee and to give them our suggestions on
this and I think it's not time for first reading yet. There
isn't just one issue; there are many issues involved.
ld 129 December 20, 1984
Ms. Burke: But 1.72.
Mayor Ferre: Yes, and they are all based on the F.A.R., and
I understand that.
Mayor Ferre: Ted Arinson is right. He has all the right in
the world to protect his property and his interest. I don't
blame him. There is nothing wrong, there is nothing
unamerican in that. He's doing the right thing. I'm
willing to listen. All I'm saying is let's get on with the
show and stop playing games and deferring things for things
and call things for what they are. The issue is F.A.R. Let
us read this on first reading, get it moving. Have your
hearings on the 11th and the 14th, and we will discuss the
F.A.R. on Arinson property that has partly unlimited and
partly restricted, on the SP -16, on all these properties,
and we'll get to the F.A.R. question on the 24th. Now, what
is wrong wi„h that?
Mr. Teele: For one reason, I think taking it to first
reading and acting on it in the manner that is presented is
not consistent with what you're saying, unless you're
talking about amending it.
Mayor Ferre: Of course, it has to be amended.
Mr. Teele: From the .74 to 1.7....
Mayor Ferre: Let me tell you how they do this in
Metropolitan Dade County. I often think they have a better
system. They don't argue these things on first reading.
They pass these things on first reading and zip, it goes
right out. Then on second reading they have the big Donny
Brooke public hearing, argue it out, and then they come to a
decision. What we are in effect doing is stalling it beyond
a reasonable time, because we now have some bids out, some
R.F.P.s that are coming in. Those people that are going to
be reading the newspaper tomorrow need to know that this
Commission isn't backing off what we are trying to do.
Look, if you have three votes here Art, if you have Bob,
Tony, Ronnie, if you have three votes, you have three votes.
If you don't have three votes, you're not going to have
three votes, whether it's first reading, second reading, or
otherwise. All I'm saying is let's get on with this thing.
Mr. Teele: The final issue on it, and I'm not going to
delay it, but I do think that passing it, taking it up and
not deferring it on first reading, sends a signal, not only
to the developers, which is the right kind of signal we want
to send, but it also sends a signal to the Blue Ribbon
Committee.
Mayor Ferre: The signal is, "Hurry up."
Mr. Teele: The same signal that you send, oh, is that the
signal?
Mayor Ferre: Yes, the signal is hurry up, will you fellows,
because we need to build a city here. We don't have too
much time. We want this done before the year 2000. That's
the signal. The signal is let's move along. If you have
the three votes, you're going to have the three votes on the
24th, whether it's first or second reading. If you don't
have the three votes, it doesn't make any difference anyway.
Mr. Teele: But I really think the Blue Ribbon Commission
deserves....
Mayor Ferre: Yes, and they're going to have their
opportunity on the 11th and on the 14th, and you know that
we're going to be heavily guided by their recommendation.
ld 130 December 20, 1984
•
Mr. Herb Bailey: Mr. Mayor, I'd just like to make a
statement and get it out on the floor now.
Mayor Ferre: Herb, we're almost there. I hope we don't
take any steps back now because I see these guys.
Mr. Bailey: No, we're not going to go backwards. I just
want to add something else to the record as I read what Mr.
Teele is saying. I have heard others and one of those
people are on the Blue Ribbon Committee. We do not intend
to revisit or re- invent the wheel and go back and replan
another plan. This plan has been studied to death. It
started back in 1973, '78, '79, and they're asking us to do
something different from what has already been approved. We
do not intend to address that.
Mayor Ferre: Herb, that is not your decision.
Mr. Bailey: No, but they want to have it at our meeting.
We have decided to have a presentation. We are glad to have
that.
Mayor Ferre: Herb, that's not your decision. That is the
decision of three members of this Commission.
Mr. Bailey: You're not understanding me, Mr. Mayor.
Mayor Ferre: You're not understanding me.
Mr. Bailey: I'm saying when we have the meeting with
them....
Mayor Ferre: I'm saying, you talk to them about it, let's
get it over on first reading. You want first reading?
Mr. Bailey: Right.
Mayor Ferre: Let me handle it then.
Mr. Teele: Could we respond to that? We have about an hour
worth of response.
Mayor Ferre: Yes, you can respond to it on the 24th and
then you can respond to it at the public hearing on the 11th
and on the 14th. All I'm saying is, let's move along,
fellows.
Mr. Teele: Is that going to be an amended first reading?
Mayor Ferre: Yes, sir.
Mr. Traurig: Mr. Mayor, can I see if I understand what you
said that the Blue Ribbon Committee will have reported to
you by the 24th. You will take their recommendations into
consideration, that what you pass on first reading is
subject to amendment.
Mayor Ferre: Yes, of course.
Mr. Traurig: And that if we want to sever the 16.1 Biscayne
Boulevard properties from the other in determining what
F.A.R.s ought to be, you'll consider that on its merits at
that time.
Mayor Ferre: Absolutely, and the 1.7 retention for
commercial property SP -1.16. I need to tell you that I am
favorably inclined in that direction. Of course, I hold
myself, I may change my mind or the Blue Ribbon Committee
may change my mind. I don't know. The Herald editorial may
change my mind.
ld 131 December 20, 1984
Mr. Walter Pierce: Mr. Mayor, if I may, the meetings of the
Blue Ribbon Committee on the 11th and the 14th will be
public meetings, but not public hearings.
Mayor Ferre: Of course, public meetings.
Mr. Walter Pierce: Therefore, I would like to ask the
Commission to request all parties interested in having a say
in this matter to submit prior to the 11th their written
comments so that we may distribute them to the members of
the committee.
Mayor Ferre: I think that is a wise counsel.
Mr. Pierce: So we won't be taken through public testimony.
Mayor Ferre: That is good advice. With that as a premise,
does anybody have any major objections to passing this on
first reading with all the stipulations that we've stated.
UNIDENTIFIED SPEAKER: Mr. Mayor, for the record, I would
point out that not only are wee dealing with the SPI -16
here, but objections also relate to the SPI -16.2.
Mayor Ferre: Point two, that is correct and CG -1/7 and CBD-
1/9 and HC -4 and GU and HC -1 and RG -2/5 and PR and all the
others. O.K.? And SP1 -16.1, I think that covers it all.
HC -1 is the only one I forgot.
Mr. Pierce: Mr. Mayor, one final comment just for the
record, I'd like to advise everyone interested that those
meetings will be held on the 11th at 9:00 A.M. in the first
floor conference room at the City Administration Building at
275 N.W. 2nd Street.
Mayor Ferre: Is there a motion on 24 on first reading?
Dawkins moves. Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion? Read the zoning
ordinance. Call the roll.
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING THE TEXT OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, BY AMENDING
ARTICLE 15 ENTITLED "SPI: SPECIAL PUBLIC
INTEREST DISTRICTS," BY ADDING NEW
SECTIONS 15150 ENTITLED "SOUTHEAST
OVERTOWN /PARK WEST OVERLAY DISTRICT" AND
15160 ENTITLED "SPI -16, 16.1, AND 16.2:
SOUTHEAST OVERTOWN /PARK WEST COMMERCIAL
RESIDENTIAL DISTRICTS "; PROVIDING FOR
INTENT, EFFECT, CLASS C SPECIAL PERMIT
REQUIREMENTS, PERMISSIBLE PRINCIPAL USES
AND STRUCTURES, PERMISSIBLE ACCESSORY
USES AND STRUCTURES, MINIMUM LOT
REQUIREMENTS, FLOOR AREA LIMITATIONS,
MINIMUM OPEN SPACE REQUIREMENTS, HEIGHT
LIMITATIONS, OFF- STREET PARKING AND
LOADING, AND LIMITATIONS ON SIGNS;
PROVIDING FOR REVIEW; AND CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Dawkins and seconded by
Commissioner Carollo and passed on its first reading by
title by the following vote-
Id 132 December 20, 1984
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
The City Attorney read the ordinance into the public
record and stated that copies had been furnished to the City
Commission and that copies were available to the public.
55. FIRST READING ORDINANCE: APPLY SPI -15 SOUTHEAST OVERTOWN
PARK WEST OVERLAY DISTRICT
Mayor Ferre: On item 25, is there a motion on 25 on first
reading only? Dawkins moves. Carollo?
Mr. Carollo: Yes.
Mayor Ferre: Seconds, read the ordinance on first reading.
Call the roll.
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING ORDINANCE NO.
9500, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY APPLYING THE SPI-
15: SOUTHEAST OVERTOWN /PARK WEST OVERLAY
DISTRICT TO THE AREA GENERALLY BOUNDED
BY BISCAYNE BOULEVARD, NORTHWEST AND
NORTHEAST 5TH STREET, I -95, AND I -395,
MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGES NO. 23 AND 36
OF THE ZONING ATLAS MADE A PART OF SAID
ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300
THEREOF; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by
Commissioner Carollo and passed on its first reading by
title by the following vote-
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
The City Attorney read the ordinance into the public
record and stated that copies had been furnished to the City
Commission and that copies were available to the public.
ld 133 December 20, 1984
56. FIRST RAVING ORDINANCE: ATLAS cHAN41 FROM CG -1/7, CG
2/7, RG -6, RD -3/7, CR -3/7 & CR -4/; TO PROPOSED SPI -16
SOUTHEAST QVERTOWN PARK WEST COMMERCIAL RESIDENTIAL
DISTRICT.
Mayor Ferre: Take up 26.
Mr. Dawkins: Move it.
Mayor Ferre: Moved by Dawkins.
Mr. Perez: Second.
Mayor Ferre: Second by Perez. Further discussion on first
reading only, as stipulated before. Read the ordinance.
Call the roll.
AN ORDINANCE ENTITLED-
NOES: None.
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 AREAS GENERALLY BOUNDED BY NORTHWEST
AND NORTHEAST 11TH STREET, NORTHEAST 2ND
AVENUE, NORTHWEST AND NORTHEAST 8TH
STREET, AND 1 -95 EXCLUDING EXISTING PR
ZONING; AND NORTHEAST 8TH STREET,
NORTHEAST 2ND AVENUE, NORTHEAST 7TH
STREET AND NORTH MIAMI AVENUE; AND
NORTHWEST 8TH STREET, NORTHWEST 2ND
AVENUE, NORTHWEST 7TH STREET, AND I -95,
FROM CG -1/7 GENERAL COMMERCIAL, CG -2/7
GENERAL COMMERCIAL, RG -3/6 GENERAL
COMMERCIAL, RG -3/7 GENERAL RESIDENTIAL,
CR -3/7 COMMERCIAL RESIDENTIAL, AND CR-
2/7 COMMERCIAL RESIDENTIAL TO SPI -16:
SOUTHEAST OVERTOWN /PARK WEST COMMERCIAL
RESIDENTIAL DISTRICT, EXCLUDING THE
EXISTING PR ZONING; AND BY MAKING ALL
THE NECESSARY CHANGES ON PAGES NO. 23
AND 36 OF SAID ZONING ATLAS MAP MADE A
PART OF ORDINANCE NO. 9500, BY REFERENCE
AND DESCRIPTION IN ARTICLE 3, SECTION
300, THEREOF; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by
Commissioner Perez and passed on its first reading by title
by the following vote-
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
ABSENT: Commissioner J. L. Plummer, Jr.
The City Attorney read the ordinance into the public
record and stated that copies had been furnished to the City
Commission and that copies were available to the public.
57. FIRST READING ORDINANCE: ATLAS CHANGE FROM CR -1/7, CG-
3/7 TO PROPOSED SPI -16.1 SOUTHEAST OVERTOWN /PARK WEST
COMMERCIAL RESIDENTIAL DISTRICT
ld 134 December 20, 1984
Mayor Ferre: Item 27.
Mr. Dawkins: Move it.
Mayor Ferret Moved by Dawkins.
Mr. Perez: Second.
AN ORDINANCE ENTITLED-
Mayor Ferre: Second by Perez on first reading. Read the
ordinance. Call the roll.
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 9500, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY CHANGING THE CLASSIFICATION OF THE
AREA GENERALLY BOUNDED BY BISCAYNE
BOULEVARD, NORTHEAST 2ND AVENUE, I -395,
AND THE F.E.C. RIGHT -OF -WAY (PORT
RAILROAD) (MORE PARTICULARLY DESCRIBED
HEREIN), FROM CG -1/7 GENERAL COMMERCIAL
AND CR -3/7 COMMERCIAL RESIDENTIAL TO
SPI -16.1 SOUTHEAST OVERTOWN /PARK WEST
COMMERCIAL RESIDENTIAL DISTRICT; MAKING
FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGES NO. 23 AND 36
OF SAID ZONING ATLAS MADE A PART OF
ORDINANCE NO. 9500, BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by
Commissioner Perez and passed on its first reading by title
by the following vote-
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
The City Attorney read the ordinance into the public
record and stated that copies had been furnished to the City
Commission and that copies were available to the public.
58. FIRST READING ORDINANCE: ATLAS CHANGE FROM CR -2/7, CG-
1/7, & CR -3/7 TO PROPOSED SPI -16.2 SOUTHEAST
OVERTOWN /PARK WEST COMMERCIAL RESIDENTIAL DISTRICT
Mayor Ferre: Take up 28.
Mr. Carollo: Move.
Mayor Ferre: Moved by Carollo.
Mr. Perez: Second.
Mayor Ferre: Second by Dawkins, on first reading, read the
ordinance. Call the roll.
ld 135 December 20, 1984
AN ORDINANCE ENTITLED-
Was introduced by Commissioner Carollo and seconded by
Commissioner Dawkins and passed on its first reading by
title by the following vote-
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 NORTHEAST
2ND AVENUE, NORTH MIAMI AVENUE,
NORTHEAST 7TH AVENUE AND NORTHEAST 6TH
STREET, AND NORTH MIAMI AVENUE,
NORTHWEST 2ND AVENUE, NORTHWEST 8TH
STREET AND NORTHWEST 5TH STREET, AND
NORTHWEST 2ND AVENUE, NORTHWEST 3RD
AVENUE, NORTHWEST 7TH STREET AND
NORTHWEST 6TH STREET, FROM CG -2/7
GENERAL COMMERCIAL, CG -1/7 GENERAL
COMMERCIAL AND CR -3/7 COMMERCIAL
RESIDENTIAL TO SPI -16.2 SOUTHEAST
OVERTOWN /PARK WEST COMMERCIAL
RESIDENTIAL DISTRICT; MAKING FINDINGS;
AND BY MAKING ALL THE NECESSARY CHANGES
ON PAGES NO. 23 AND 36 OF SAID ZONING
ATLAS MADE A PART OF ORDINANCE NO. 9500,
BY REFERENCE AND DESCRIPTION IN ARTICLE
3, SECTION 300, THEREOF; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
The City Attorney read the ordinance into the public
record and stated that copies had been furnished to the City
Commission and that copies were available to the public.
NOTE FOR THE RECORD: Agenda item 29 was continued to
1/24/85.
Mayor Ferre: Mr. Teele, let me to you and your associates,
let me put into the record something which is being
recommended, which I'm sure you'll discuss on the 11th. An
alternative method would be to simply stipulate that the
appraisers use in the eminent domain process be instructed
to appraise the properties at their highest and best use
regardless of what may be the current zoning of the property
and could consider the prior zoning of the property in their
appraisals. By freeing the appraisers to do this, the City
would then receive appraisals that were more in keeping with
the value of the land regardless of the current zoning of
the property. This would not bind the City in the event of
eminent domain proceedings. Thus, a property owner
challenging in court the amount offered by the City for the
taking would not be able to have benefit of any... Is that
right? This should insure the property owners that the City
is not in the position of rezoning their property to
diminish its value prior to property acquisition. So that's
ld 136 December 20, 1984
something that we can discuss in the future. This is a
recommendation by the City Attorney's office.
UNIDENTIFIED SPEAKER: Mr. Mayor, may I just comment on
that? I represent several owners in the four block area
that is currently in acquisition by Dade County. In the
original plan, there was a provision that these properties
would be appraised at the highest and best use specified in
the plan, but when it came to the final effort, we find
appraisers appraising these properties as vacant land,
investment land.
Mayor Ferre: See, what we're doing is we're stipulating
that wouldn't happen.
UNIDENTIFIED SPEAKER: Well, it was supposed to not happen
the first time, and it did.
Mr. Bailey: Mr. Mayor, we had the same stipulation when we
did the Overtown appraisals. I differ with my colleague
over there. The appraisers did consider that. When we had
our testimony in court, the judge also considered that.
Mayor Ferre: O.K., that's something that we can discuss,
but I'm sure that's not your case. You don't want to sell
the property. You're not in this to maximize the value that
you're long term investors and you're going to stay there
and you're going to develop the property and all that. But
there are some people there that perhaps might have that
intention. All this would do is protect them so that they
wouldn't feel that we're trying to do this to diminish the
value of the property we would be acquiring.
Mr. Tony Alonso: I would just make one quick comment as
Tony Alonso, owner of La Epoca, downtown Miami. What you
just said may satisfy my pocketbook, but as a citizen and as
a merchant of downtown Miami, the way the plan is with the
low density having what I call a suburban, not an urban type
of development, right north of downtown, does not serve the
best interest of the City of Miami. I still would be
opposed even if that may sound very good for my pocketbook.
As a merchant downtown, I'd still be opposed.
Mayor Ferre: All you need is three votes. We'll see you
next month.
59. AUTHORIZE R.F.P.'S FOR TIME, TEMPERATURE DISPLAYS FOR
POSSIBLIs PLACEMENT WITHIN SEVERAL PUBLIC RIGHT OF WAYS.
Mayor Ferre: Mr. Manager, we still have item 36, which has
to do with street clocks, I think.
Mr. Rosencrantz: Item 36 and item 2.
Mayor Ferre: Mr. Cardenas has been patiently waiting there
all afternoon. Mr. Wilson, I tell you, I would recommend
you take these back, because they're going to end up in the
waste paper basket. Next, you can present these again and
we'll look at them next time. Thank you, sir.
Mr. Sergio Rodriguez: In July 18, 1983, the City Commission
approved in principle the installation of light, ornamental
structures displaying time of the day and commercial
advertising messages at selected locations in the City. On
ld 137 December 20, 1984
July 30, 1984, the Commission instructed the administration
to prepare an R.F.P. to allow the successful proposer one
year in which necessary changes to state laws and county
policy could be made to permit installation of said
displays within state and county arterial roadways in the
City of Miami. In front of you you have an R.F.P. that was
prepared, and I would like to go over that with you to make
corrections on the dates that we have. There are some
corrections that we have to make on the R.F.P. because the
dates have changed since the last time that we discussed
this. There will be correction on the first page dealing
with the date in which the proposals would be due and also
in the composition of the positions of the Vice -Mayor and
the City Manager have to be corrected. Page number one,
also the name of the manager has to be corrected. On page
three, item D will be corrected as follows. Publications of
request for proposals from October 30, 1984 to December 31,
1984; proposal submission deadline from January 31, 1985 to
March 29, 1985; interviews with qualified proposers from
February 15, 1985 to April 15, 1985; recommendation to City
Manager from review committee and CPA firm from March 1st to
May 1, 1985; City Manager's recommendation to City
Commission to June of 1985 contract negotiations successful
proposer to August 1985, and City Manager's submission of
'contract for Commission approval for September 1985. That
concludes my presentation.
Mr. Al Cardenas: My name is Al Cardenas. I represented an
interested potential replier to the R.F.P. I read the
R.F.P. proposed to you. We have five points that I would
like to very quickly bring to your attention. Number one,
has to do in page 7, article 4, paragraph a, subparagraph 1,
dealing with use. The R.F.P. sets forth that 20% of the
total number of graphic displays shall be non - commercial
civic messages. Our position is you ought to let folks who
want to bid on this thing propose to you what should be the
appropriate thing to do because the more non - commercial
civic messages you request, the less revenue for both the
City and the outfit that wants to do this thing. Our
suggestion to you is let us bid on it. You can do two
things. You can reject all proposals; you can accept one;
and once you accept one, negotiate that one. We think it is
an undue imposition on R.F.P. time, and it should be one of
the competitive categories in the process, and respectfully
request that you either, if you want to have an ultimate
request, have something like 5% or 10 %. We favor not having
any and let us bid and see who's more civic conscious in
that regard. The second item that we're concerned with is
design. I have spoken to this with Mr. Rodriguez. They had
requested a limitation of three callers. We wanted five,
and I think we're both in agreement with four. I don't
think that is going to be a major problem.
Mr. Rodriguez: We agree on that issue.
Mr. Cardenas: The next item would be....
Mr. Rodriguez: Excuse me, two will be black and white and
the other two will be other colors.
Mr. Cardenas: That is correct. The next item would be the
overall size of the display panel. The R.F.P. requests that
it not exceed twenty square feet. Thirty square feet is the
standard size for these that are presently existing in
Europe and South America. What we would like to do is to
have the size of the display panel arrived at by the
proposals from the various bidders and by subsequent
negotiations with the City of Miami. The next item that we
are concerned with, the R.F.P. sets forth that the
time /temperature displays shall not be less than four square
ld
1 38 December 20, 1984
feet or 20% of the overall display panel area. We don't
mind a restriction that it be no less than four square feet.
We're willing to live with that, but we don't think you
ought to have the equivalent of 20% of the overall display
panel area, because then you are restricting all the
applicants in the design they would submit to you and I
think the City would be hurt by it as well as the proposed
applicants. Last, oh, there is one other item, which we've
agreed upon. The R.F.P. sets forth that there shall be none
of these displays in state or cities scenic routes and we've
agreed to that and now do not contest that issue. We find
it appropriate. The last item, however, is subparagraph 3 -c
of page 8 of article 4, the R.F.P. states that no display
shall be located within an area zoned for other than a CRCG
or I district, as listed in ordinance 9500. That precludes
the erection of street clocks in areas such as CBD, SPI -7,
SPI -7.1, SPI -7.2, etc. We feel that will preclude the most
economical beneficial sites and would certainly hamper any
potential proposals specially in terms of fee arrangements
that can be made or even the feasibility of the project. We
suggest you let the applicants provide the proposals, submit
them to you, if you don't like them, don't accept any of the
applications; merely turn them down. If you accept the
_application and you're still not pleased with some
locations, have the City Manager negotiate with us to advise
us as to which ones he does not want.
Mayor Ferre: Al, I have three problems with what you're
saying. Problem number one is potential law suits. If
we're not specific in what it is that we want, and somebody
bids apples and somebody else bids oranges, if we agree with
oranges and then it turns out that it's an apple, we have a
law suit.
Mr. Cardenas: That's right.
Mayor Ferre: So we have to be careful about these open bids
in saying well, bid whatever you want and we'll subjectively
look at it. That's the first problem. The second problem
is that if we say we'll put anything you want, somebody is
going to bid neon signs with colors blaring and all kinds of
gaudy things and no standardization and Lord only knows what
we'll end up with. The third problem in all this is that I
think there has to be some design control. So I think there
is a middle ground somewhere. Maybe four square feet isn't
big enough.
Mr. Cardenas: Let me cover that if I may.
Mayor Ferre: I think on the other hand, we need to have
some kind of reasonable....
Mr. Cardenas: Absolutely, this is a 30 -page R.F.P., Mr.
Mayor. We've worked on it....
Mayor Ferre: We've worked on it for three years.
Mr. Cardenas: We've worked on it for three years. A panel
has been...there is no chance whatsoever on this 30 page
document, that you are going to have a neon sign
monstruosity. There are four points... Let me see if I can
taking your advice, re- propose my submittal so that it may
make sense to you.
Mayor Ferre: And there's one other thing that I think the
Commission ought to keep very clearly in mind. Even if all
of this were agreed to and we do all of this, this is
against the law.
Mr. Cardenas: That's right.
sl 139 December 20, 1984
11 4 410
Mayor Ferre: It's against the state law, so even if we were
to choose a successful applicant, if you were the applicant
that would win the bid, you would need to go up to
Tallahassee to change the state law.
Mr. Cardenas: That's right. You've given us a year. We
would have until September of '86, if the contract is signed
in September of '85, within which to change state and county
law. That's provided for in the R.F.P. and it's already
gone through the legal department and so forth. Let me
restate these five items and these are five paragraphs in a
thirty page document.
Mr. Rodriguez: May I respond to each one of them as he goes
along so we don't lose....
Mr. Cardenas: One, the R.F.P. states that 20% of the total
number of graphic displays shall be noncommercial civic
messages. I think you ought to say it should be at least
10 %. That means you've set yourself some public policies,
some specific guidelines, and if an applicant wants to come
in with 20 %, 30 %, that's up to them.
Mayor Ferre: Sergio, I have no objections to that because
you're saying this is a minimum. Obviously, somebody comes
up with more, that's something that is negotiable and the
Commission can agree. That's not a major thing.
Mr. Rodriguez: Give me one second. I'll try to look in the
criteria to see if the criteria will give....
Mayor Ferre: Instead of 20 %, what he's saying is 10 %, no
less than 10 %, but the applicant can bid anything that he
wants.
Mr. Rodriguez: Could we then put in the criteria, which is
very exact, that as part of the criteria, in addition to
financial return, we can look at financial and community
improvement return, which will be on page 12 of the amended
section.
Mayor Ferre: No less than 10 %.
Mr. Rodriguez: No less than 10 %, but they can take this
into account.
Mr. Cardenas: Item number two, the R.F.P. states that the
overall size of the display panel shall not exceed 20 square
feet. We respectfully propose that its state shall not
exceed 30 square feet, which is the standard size we use.
If someone....
Mayor Ferre: Hold on, Sergio.
Mr. Rodriguez: Twenty square feet is a large, large area.
Mayor Ferre: Twenty square feet.
Mr. Rodriguez: It is. Thirty is 50% larger than that.
Mayor Ferre: Five by four is twenty. Five by six is
thirty. What he's saying is that in Europe the standard is
thirty square feet.
Mr. Cardenas: Yes, sir.
Mayor Ferre: Is that what you're telling us?
Mr. Cardenas: In a hundred and twenty cities.
140 December 20, 1984
Mr. Rodriguez: The only problem is that this is not Europe.
You see? We don't have the very wide boulevards that you
see in Europe and South America. We're going to have
narrower streets with fairly wide displays.
Mayor Ferre: Well, I don't know anything about this, so
does anybody have any opinions on this? It's a technical
matter. I really don't know whether it's 20 square feet
or....
Mr. Cardenas: We're not making a decision now that you're
going to accept 30 square feet signs. What you're saying is
what's going to go into the R.F.P., then there is a bidding
process. Then we sit down and negotiate. I am sure that if
we are all smart business people we are going to come to an
agreement that before you vote on it, we're going to be
acceptable to the City.
Mayor Ferre: Let me give you a middle ground. Suppose we
say that 20 square feet is what we want. If you want to bid
more than 20 square feet, you can go up to 30, but it will
be taken on account against you in the final....
'Mr. Rodriguez: The desired size is 20 feet.
Mayor Ferre: The desired size is 20 feet. If you want to,
you can go up to 30, but it will be docked against you in
the final evaluation.
Mr. Carollo: What's the average width of the boulevards in
Europe and Latin America, that you said were so much wider
than here?
Mr. Rodriguez: That when you have a very wide boulevard, a
display is lost within the width of the boulevard. When you
have a smaller place like in Miami, which the streets are
narrower, it's really prominent.
Mr. Carollo: The point I'm trying to make is for the most
part you don't have those wide boulevards as a common
denominator in most of the European capitals. You have
areas where you do, but it's limited to where they're at,
just like we have some very wide boulevards here. It all
comes down to where you put it at.
Mayor Ferre: This is 20 and this is 30. The green is 20
and the blue is 30. Is that what you're saying? I think
Carollo has a valid point. In other words, we're knocking
out scenic highways, which means that if you can't put one
of these clocks on Biscayne Boulevard.
Mr. Rodriguez: But he's proposing that we include back
Brickell Avenue and Coconut Grove. That was his fifth
point.
Mayor Ferre: We haven't gotten to that yet.
Mr. Cardenas: Right.
Mayor Ferre: We haven't settled on this. Is everybody in
agreement then that the desired size is 20, you can't go up
to 30, but if you do it'll be taken against, it will be
docked against you. So if your opponent comes in and bids
20, that's points for him.
Mr. Cardenas: That's right, fine. The next item is the
R.F.P. states that the time /temperature displays shall not.
be less than four square feet or 20% of the overall display
panel area. What we would like it to state is that the
141 December 20, 1984
time /temperature display shall not be less than four square
feet, period. The reason for that, Mayor, is if you leave
the 20% in, then you are in effect booting me out of the
ability to bid within that 30 square feet. Do you follow
what I'm saying? One thing goes with the other. If you
don't drop the 20 %, you will in essence take away from me
what we just discussed.
Mr. Rodriguez: But if the main purpose of this is to have a
service for the public as you stated before, of time and
temperature, so why are you trying to reduce it to less?
Mr. Cardenas: You've already taken a position that four
square feet is acceptable, because you yourself mentioned
in the R.F.P. What I'm saying is it's acceptable to you.
It's acceptable to me. Knock out the 20% criteria, which is
a difficult criteria. I tell you what, from a design
standpoint and from every standpoint it's difficult, because
you want to have a streamline thing as possible, and then
you have to work with more restrictions and it makes it more
difficult. If the City is determined that it should not be
smaller than four square feet, fine. If it's bigger and you
want to give points to people to display more....
Mayor Ferre: Mr. Cardenas, I think you've done fairly good
up until now, is that really a major issue?
Mr. Rodriguez: I try to keep the public purpose to the
maximum as I mentioned before.
Mr. Cardenas: It's not a major issue.
Mayor Ferre: Why don't you let Sergio win one?
Mr. Cardenas: O.K. Now comes the issue.
Mr. Carollo: It doesn't make sense, but he's right when
he's saying that.
Mayor Ferre: Fine.
Mr. Carollo: He's asking four feet, he's giving four feet.
He just doesn't want to increase it higher if he goes to a
30 square feet....
Mayor Ferre: Do you want to accept that in there?
Mr. Carollo: Yes, I accept the four feet.
Mayor Ferre: Does anybody object?
Mr. Carollo: That's what he's asking for anyway.
Mr. Cardenas: Page 8, article 4, proposals, submission
guidelines, and format; paragraph a, subparagraph 3 -c, the
R.F.P. limits these to area zoned for CR -CG or I districts.
It therefore, excludes everything else, which includes CBD,
SPI -2, and Brickell and Rapid Transit commercial
residential. I think that the Coconut Grove, there are
certain areas in Coconut Grove, where certainly the area
warrants that they not be included. I think there might be
other specific locations, but to just wipe out a whole
category doesn't make sense from an economic stand point.
Mayor Ferre: Mr. Rodriguez.
Mr. Rodriguez: As we mentioned before, we felt that if we
were to allow them on SPI areas, which are all very
sensitive areas that we are trying to encourage pedestrian
circulation, you know, we are really going against our own
142 December 20, 1984
intent in creation of those portions of the ordinance that
try to protect those areas. I don't believe that it would
be for the improvement of the image of the City of Miami to
have these services providing temperature and time in
Coconut Grove, in Brickell Avenue, in some of the Rapid
Transit area, where we are trying to get high quality
development and frankly, we recommend against that
Mr. Cardenas: Well, we certainly think this is perfectly
palatable with high quality development. I understand the
situation with the scenic routes, because there is a
specific purpose and intent from maintaining the status quo.
That is historically necessary and we ought to be sensitive
about it. In commercial areas with high density areas,
there perhaps could be other criteria in the future
evaluated, but we just should not totally wipe out major
zoning classifications.
Mayor Ferre: I would again be willing to find the middle
ground. The middle ground, in my opinion is, in no area, in
no road that has a view to the bay or towards any scenic
corridor that any of these clocks would be on the bay side
or on the scenic side of the corridor.
Mr. Rodriguez: I think that is what we are doing with what
we said. We are saying all commercial CG or CR, commercial
residential and all "I's" which is a lot.
Mayor Ferre: He's talking about for example, along Brickell
Avenue or along Biscayne Boulevard. I would have no
problems, say in the Omni area of Biscayne Boulevard
provided, it were in the density built up area. When you
get to an area where there is a park, I would disagree with
it being on the park side of Biscayne Boulevard. I have no
objections of it being on the City side of Biscayne
Boulevard.
Mr. Rodriguez: What is the language again that you are
recommending?
Mayor Ferre: What I'm recommending is that along these main
thoroughfare corridors, such as Biscayne Boulevard, Brickell
Avenue and South Bayshore Drive, that in those areas that
are high density, where there are tall commercial buildings
on both sides and there are no view corridors, it would be
no objection if properly designed and properly placed to put
one of these clocks. Where there is a park, where there is
the bay, or where there is a scenic corridor along any of
those roads, if there is a clock placed there, it would be
on the side where you don't have a park, where you don't
have a scenic view, where you don't have the bay, so that it
would be on the in -land side, if you will. That would be a
place where it could be allowed and that would be subject to
negotiation. I think you could also put a point system; the
more of those things they have, that would be taken from the
total points, so that if there is another bidder who stays
completely away from any of the main thoroughfares, they
would have an advantage. Is that acceptable?
Mr. Cardenas: That makes a lot of sense.
Mayor Ferre: What else do you have?
Mr. Cardenas: That's it.
Mayor Ferre: Do we vote on this as amended?
Ms. Joanne Holshouser: Joanne Holshouser, 4230 Ingraham
Highway, Coconut Grove, president of the Coconut Grove Civic
Club. When I was the Executive Director of a certain art
sl 143 December 20, 1984
festival which shall remain nameless, I had to finally
resort to hiring an attorney concerning a very charming,
crafty, folksy poster, which has been produced in the Grove
for a number of years, which constantly had the name of the
Coconut Grove Art Festival and the dates on it. Our reason
for objecting to this was not only that certain people were
being asked to pay for advertising on this and the
implication was that the festival was behind it. The board
of directors of the festival really took seriously to the
fact that among the advertisers, as I recall, was someone
who advertised high colonic irrigation and a few other such
things as that. Now I am pointing out to you that what you
are being asked today for I would assume one person, one
group, because I don't see any other people asking for
this....
Mayor Ferre: I am aware of three groups that are going to
bid on this.
Ms. Holshouser: But I think we are talking about a small
number of people who want an economic advantage in this is
there can be no more than 18 feet. We're talking about
signs that are going to be illuminated, visible at night
also, can go up as far as 18 feet, can be as big as you all
want to let them. I don't think there is anyway you can
find anybody who is going limit what can be advertised on
them or the way it's worded. You can talk about design
criteria, but you are not going to be able to talk about who
advertises. I don't think there is any felt need
demonstrated in this community of Coconut Grove and I wonder
about the rest of Miami, for something that tells us the
time of day. Most people either have clocks, watches, car
radios on or whatever or they can say, "Que hora es ?" As I
say, the pronounciationN may be bad, but I can always find
out what time it is either in Spanish neighborhoods or in
Anglo neighborhoods, "Hey fellow, what time is it ?" These
people are asking you for economic advantage. Mr. Cardenas,
God! Can he sell paint! Oh! He's asking, he says, wipe out
a category would make it economical, whatever. Wipe out a
category! He ain't got not category yet! He is coming
before you asking you to give him a share of what belongs to
the public of the City of Miami. Those people who come
here, we hope to enjoy it, the share of the view, the sharee
of the property, this is an unreasonable taking of the
public property to put up something that we don't need and
now he wants to come in Coconut Grove and do it. We talk a
lot about buildings. We talk about landscaping. We talk
about architecture, and then we are going to put these signs
out in front of it?
Mr. Carollo: Joanne, let me ask you this. Do you feel that
way just about this or just about anything that someone
would want to put in public property?
Ms. Holshouser: I don't understand what you mean.
Mr. Carollo: My question is do you feel that way just about
this particular request that is being made or do you feel
that way across the board about anything anyone would like
to place out in public property?
Ms. Holshouser: Mr. Carollo, you're not going to catch me
on that one. You have to tell me what they want to put in
public property.
Mr. Carollo: Carollo, Corona is Gary's friend that's
indicted and gone to jail.
Ms. Holshouser: I'm sorry, I said I don't have very good
Spanish pronounciation.
sl 144 December 20, 1984
Mr. Carollo:
Mayor Ferre:
Mr. Carollo:
Nobody did.
Nobody did.
Nobody did.
Mr. Carollo: The reason I'm asking you that is that I
somewhat find a conflict in what you're telling me and at
the same time you don't say anything regarding other things
that are out right now taking public property, not paying a
penny to the City of Miami with total disregard....
Ms. Holshouser: What has?
Mr. Carollo: What has? You can't miss it. You can't go
through practically any City block without seeing it in
newspaper racks. What public purpose do they really serve?
What do they pay the City of Miami? They ruin our concrete.
Ms. Holshouser: If that comes before you, I agree with you.
Mayor Ferre: Wait a minute. I tell you, that man has a
valid point. Do you know what he's talking about? Those
yellow, red, and white boxes....
Ms. Holshouser: If you're willing to bring that up, I'll be
right down here with you.
Mayor Ferre: Wait a minute, and those messages in those
newspapers that are sold in those little colored boxes are
not a heck of a lot different than the messages that are
going to be put in the...What's sauce for the goose....
Ms. Holshouser: If that's what you're talking about, sir,
I'm with you. I see no reason why when they came out with,
what is it U.S.A. Today, and all of a sudden, all of Coconut
Grove, they put those things out and chained them to things.
I wondered how they got permission to do it.
Mr. Carollo: Well, they didn't.
Ms. Holshouser: I'm with you all the way on that.
Mr. Carollo: O.K., I'll be calling you up so you can help
us on that when we get to that, after the new year.
Ms. Holshouser: We'd like the streets of Coconut Grove to
be relieved of any thing such as that and the peddlers too,
just people and pretty things, but seriously, I think this
is unreasonable. I don't see why people who want to make
money off the public right -of -way have to come in here
constantly. Coconut Grove is so precious, is so beautiful.
Why do we have to have these things?
Ms. Carollo: At least these people, Joanne, are coming
here. Those others didn't bother to come in here to ask
permission. They just went out and placed them out there.
Ms. Holshouser: Somebody must have told them they could.
Ms. Holshouser: Well, then I guess you have to talk that
over with your, what is it? Code Enforcement or one of the
others, but I'm serious, if that's what you're talking
about, we would be happy to join with you on that.
Mr. Carollo: Well, we're going to be looking into an
ordinance after the new year.
sl 145 December 20, 1984
Ms. Holshouser: I'm in favor of news stands in buildings
and in lobbies of places and things like that, if that's
what you mean.
Mayor Ferre: It's a question of control. It's a question
of public amenities, public convenience and public
inconvenience. Let me tell you about these clocks and time
machines. I fortunately, have had the opportunity to travel
a lot, and these things are all over the world. They're in
France.
Ms. Holshouser: I have seen them.
Mayor Ferre: Paris is the most beautiful City in the world.
I don't see that those clocks make Paris any uglier. I've
seen them on the French Riviera, in Nice, I've seen them all
through Italy. They're all through Rome. The exist in
London. They exist in the beautiful Canadian cities, like
Montreal and Quebec City. They exist in Rio de Janeiro,
they exist in Buenos Aires. They are in Santiago, Chile.
They're in Mexico City. The most magnificent cities in the
world around the world, from Hong Kong to Hamburg, the great
metropolitan areas all have...we go to Europe and I love
them. I like them. they're right there in
. Visbaten.
Ms. Holshouser: If we are going to go by that, Mr. Ferre,
are we going to put pissoise on the sidewalks on Coconut
Grove also?
Mayor Ferre: That's not a bad idea. I hadn't thought of
that one.
Ms. Holshouser: Well, I'm just bringing it up.
Mayor Ferre: Can we get advertising on them?
Ms. Holshouser: You'll have to ask Mr. Cardenas. His
clients are the ones who advertise. We don't advertise.
Mayor Ferre: Those things are outlawed now in Europe, but
I tell you, it wasn't a bad idea when they had them. I tell
you, there was many a day I was happy they were there.
Ms. Holshouser: But really, we're asking that Coconut
Grove, I'm not going to argue to you about the rest of Miami
except that it's like Creeping Charlie, if you put it in the
rest of it, they'll be after us sooner or later. But we
really don't think...there is enough advertising in the
Grove and there are enough avenues for advertising in other
areas. I don't think anybody wants to know the time and
temperature every fifty feet or even a half a block or
whatever.
Mayor Ferre: It won't be every fifty feet. We have a long
way to go on this.
Ms. Holshouser: We'll be back, thank you.
Mayor Ferre: If this were to pass, it needs to be bid.
After the bid, it needs to be negotiated. Then it needs to
be accepted. Then they have to go to Tallahassee and change
state law and then they have to come here and change county
law. They have a long, long way. I frankly think that
these people, I don't know who his particular clients are, I
know there are about three European groups that want to bid
on this. I think your group is a Spanish group, as I
remember. But I'm sure that Mr. Cardenas has told that his
clients what they have ahead of them. In my opinion, the
odds of getting this through are a hundred to one.
sl 146 December 20, 1984
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Ms. Holshouser: Mr. Cardenas speaks of it, though, as if
any of these discussions that we've heard, any of these
items we've talked about in the last few minutes, are taking
away something from someone. He lost nothing he never had.
They don't have the right to do this anyway. I'd like to
suggest that....
Mayor Ferre: Until we vote on it, then....
Ms. Holshouser: When he comes back, he brings a model, a
full scale model, exactly what this is going to look like
and plug it in so we can see how big it is, what it will be.
Mayor Ferre: Joanne, you know you will be here. You know
that you'll have this room packed full of people when that
happens. You know that there will be editorials galore and
people up and down, and Marjorie Stoneman Douglas and
everybody else will be here on this. You know that they are
going to have to bring a model. I mean we're years away
from seeing something like this. This is just a...frankly,
I think it's just a procedure to see if there is any
interest. If it happens, it happens. My guess is that we
.have a long way to go.
Ms. Holshouser: Thank you.
Mayor Ferre: Are we ready to vote now? Is there a motion?
Mr. Carollo: There is a motion.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
RESOLUTION NO. 84 -1502
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
REQUEST FOR PROPOSALS, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, TO PROVIDE TIME AND
TEMPERATURE DISPLAYS CONTAINING ADVERTISING
DISPLAY PANELS FOR POSSIBLE PLACEMENT WITHIN
SEVERAL PUBLIC RIGHT -OF -WAYS IN THE CITY OF
MIAMI; PROVIDING FOR TIME LIMITS IN REGARD
TO SUCH REQUEST WHICH SHALL BE DRAFTED
SUBJECT TO APPLICABLE PROVISIONS OF LAW.
(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-
147 December 20, 1984
NOTE FOR THE RECORD: Agenda item 11 was continued to January
24, 1985 at 7:00 P.N..
60. EXCEPT PIECE OF PROPERTY FROM MORNINGSIDE HISTORIC
DISTRICT SECOND READING ORDINANCE: APPLY SECTION 1610 -
HC-1 HERITAGE CONSERVATION OVERLAY DISTRICT TO
MORNINGSIDE HISTORIC DISTRICT
Mayor Ferre: We are now on the Morningside issue, item 2.
As I recall this item came before us before; we deferred it.
Mr. Sergio Rodriguez: You passed it on first reading.
Mayor Ferre: Oh, we passed it on first reading. It is now
on second reading. Are there opponents to this? One, two,
three...anybody else in opposition? All right, let's hear
from the proponents, then from the opponents. Some members
of the Commission must be out of here in about ten or
fifteen minutes so we need to really bring this to a head
very quickly and vote on it, item 2.
Mr. Rodriguez: Just to summarize what we did before, in the
previous action, we mentioned to you that at that time, all
the...there were some people opposing the extension of the
boundaries all the way to Biscayne Boulevard. After
considering the request and following several hearings with
different boards, we agree and we came to the conclusion
that we could change the boundary following the zoning
boundary, which is shown in the overhead projector that you
can see with the yellow line. Apparently we found out now
that there might be further objections to that and some
people may want more property to be excluded from that area.
That's it. So at this point, there is apparently there is
one objection that we know of, the owner of The Falls that
wants the rest of his block excluded from the boundary of
the AC district. We can show that in the transparency.
There is a block that he owns and a part of his property is
included in the district. He would like that to be
excluded.
Mr. Carl Feeley: Mr. Mayor, did you ask for proponents or
opponents?
Mayor Ferre: Either one, Father, this is a public hearing
and we'll listen to both.
Mr. Carl Feeley: My name is Carl Feeley. I'm the father of
three sons. I live in the area of 225911 N.E. 6th Avenue.
I am past chairman of the Morningside Civic Association.
Over the past several years with this being discussed in our
neighborhood, there have been no serious objections to it
from anyone within the neighborhood. The last, at the first
meeting, the first hearing of this issue last time, and I
guess I could say that I'm speaking for the forty or fifty
people that were here at that time, and people who find it
difficult during this week before Christmas to get to such
meetings. I would simply like to emphasize the great work
that has been done on the part of the Sarah and the Historic
Committee, the staff, and also the zoning, and that any
issue that has been taken up in the past of people opposing
anything of which those people are here, the compromises had
been worked out and I assume that things are in order.
Mayor Ferre: You are a proponent.
sl
148
December 20, 1984
Mr. Feeley: A proponent and speaking for, as far as I know,
the vast majority of the people within the area.
Mayor Ferre: Father, thank you. Now let's hear from an
opponent. Why are you opposed? Into the microphone, your
name, address, and make your statement.
Mr. Robert C. Birmelin: Robert C. Birmelin, Chief Executive
Officer of the Falls; that's at 5701 -81 Biscayne Boulevard.
I'll try to be rather brief and I'll show you this. Of
course, you see the basic building. INAUDIBLE BACKGROUND
COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Why don't you take the little hand mike. It's
right there. See, that little spring there?
Mr. Birmelin: The original concept that was brought out
from the heritage...I've lived in the area since 1963. I
built the building; I had no knowledge of it. It was never
brought into any discussions pertaining to it until it
finally came up about two or three months. I think it's a
good concept. I think it's fine.
'Mayor Ferre: Then why are you opposed?
Mr. Birmelin: I think it's a conflict with what the
Planning Department has already established.
Mayor Ferre: Why?
Mr. Birmelin: In October 1979 the Planning Department, City
of Miami presented its master plan for Biscayne Boulevard
from N.E. 36th Street to N.E. 87th Street,both sides of
Biscayne Boulevard, east and west. This took two years and
a task force of dedicated, experienced, knowledgeable
persons who resided in the area in question. It was a
pleasure to be on this committee and I was there. One of
the results was to have specifically a special planning
district, zoning overlay for people that were on Biscayne
Boulevard to be able to use the property just adjacent to it
for parking and for other facilities. This was the plan
that we had some years ago. In our particular case, I
brought it to the attention of the Planning Department. I
was down there personally. I was at the meetings and so
forth and I presented these items. I feel that our property
has nothing whatsoever to do with the heritage concept.
We're a modern and an entirely different type of building.
Mayor Ferre: What harm does it do you?
Mr. Birmelin: Because I'm planning to put parking there and
this will affect me personally.
Mayor Ferre: And you won't be able to put parking?
Mr. Birmelin: Certainly, it will restrict me and also will
restrict other people.
Mayor Ferre: Sergio, would you answer that? He's saying
that his objection is that he wants to put parking and he
won't be able to do it if it's a heritage. How can that be?
Mr. Rodriguez: That is not the case.
Mayor Ferre: I didn't think so.
Mr. Rodriguez: If he wants to alter the property, he wants
to demolish it, he can demolish it and the only thing that a
historic designation does, is delay at the maximum the
action for six months. That's it.
149 December 20, 1984
Mayor Ferret That's the worse that can happen. If you want
to tear down that building, I doubt very much if anybody
would stop you from doing it for more than two hours. I can
guarantee you could get approval to tear down your building
in a couple of hours, but suppose somebody went berserk
around here and tried to stop you. The worse that could
happen is they could stop you for six months. They can't
keep you from tearing down your building. They can't keep
you from doing all these things that you are allowed to do
under the law. All this does is it just preserves certain
things and it gives people the right to slow down the
developer if he wants to tear down a historic building. I
don't think yours is a historic building, by the way.
Mr. Birmelin: Thank you very much, Mr. Mayor, because our
entire property is not historic; it's modern and it's in the
effect.
Mayor Ferre: So I think you heard the Planning Director
stipulate that. I don't think there is a problem.
Mr. Dawkins: J.L. Plummer has constantly said that anybody
.who did not want that property declared historical
preservation, did not have to. He's been on record saying
that constantly.
Mayor Ferre: Which is his property, by the way? Can you
show me where it is? So, all he's worried about is just a
little piece in there. Why don't you just exempt him out of
that? Who cares, frankly? Sarah, do you have a problem?
Mr. Rodriguez: We prefer it to be included, but if you are
going to move in that direction, we're ready to accept it.
Mayor Ferre: His main building is exempt anyway, all he's
worried about is his little, small piece of property. Does
anybody have any objections? Do you have any objections?
Do you? Does anybody have? Dawkins moves. Perez seconds
that little piece of property be exempt. Do you want to
call it to a vote so we can move along?
Mr. Birmelin: I was just going to make another offer that I
wanted to donate the house to the City to the heritage
district so that they may use it. I brought that to their
attention.
Mayor Ferre: Wonderful, congratulations! Thank you. Call
the roll.
The following motion was introduced by
Commissioner Dawkins, who moved its adoption:
MOTION NO. 84 -1503
A MOTION EXCEPTING A LITTLE PIECE OF
PROPERTY DESCRIBED AS LOT 5, BLOCK 16,
BAYSHORE UNIT NO. 2, IN THE MORNINGSIDE
AREA FROM APPLICATION OF SEC. 1610 HC -1:
GENERAL USE HERITAGE CONSERVATION
OVERLAY DISTRICT, TO THE MORNINGSIDE
HISTORIC DISTRICT, AS ACCOMPLISHED
THROUGH PASSAGE OF ORDINANCE 9940, ON
THIS SAME DATE.
Upon being seconded by Commissioner Perez, the motion
was passed and adopted by the following vote-
150 December 20, 1984
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
Commissioner J.L. Plummer, Jr.
Mayor Ferre: Any other objectors? Yes, sir, come right up,
there is the microphone, your name, address for the record,
ask your question.
Mr. Horace Fish: I'm Horace Fish, 5984 N.E. 5th Court. I
also was not notified of this hearing on the 16th. The
neighbors that I have spoken with, none of them have
received any notice. My question is this. I'm very much
interested in Biscayne Boulevard being redeveloped. I'm
tired of the type of people, if you call them such, who hang
out there. I'd like to see the boulevard upgraded. There
have been a number of attempts by civic leaders, community
leaders to do this. If someone is interested in building
.property fronting on Biscayne Boulevard on the east side and
there is not enough room on the lot that's right on the
Boulevard, would they be allowed to build to the next street
back? What obstacles would be put on their way by this
thing?
Mayor Ferre: They would if it was properly zoned and within
the regulations of what they are asking, as I understand it.
Mr. Fish: But is this going to change this?
Mayor Ferre: I think what this does is if it is a historic
building there, there is a procedure which that person must
follow.
Mr. Fish: What is a historic building? Just because it's
being designated as such?
Mayor Ferre: That's right. Why don't you explain it.
Mr. Rodriguez: I believe that to what he's referring is a
property facing Biscayne Boulevard. As we mentioned before,
we excluded that from the designation. What we also
mentioned in the last meeting was that as part of the many
things we are going to bring before you this coming year,
I'd try to bring an SPI district to affect all that area in
Biscayne Boulevard the same way we did it for the portion,
which is north of this to try to improve the quality and try
to eliminate some of the properties that are not kept up to
the best possible standards today.
Mayor Ferre: Look, people have a right to worry and they
have a right to be concerned when people don't understand
when government is doing, they have a right to question it.
I want to tell you, this is the United States of America.
Sometimes people wonder whether it is or it isn't; it is.
Miami is part of the USA. This is an American city. There
is due process. We can't go around and take your property
without compensating you for it. There is due process.
All this is a very soft type of approach that permits
something called historic designation. It really is not a
strong, it's a minimum type of a thing, and we can't really
take away anybody's property without due process and without
a reason. We have to have good reasons, otherwise courts
won't let us do it. So, please don't worry that we are not
going to....
sl 151 December 20, 1984
Mr. Fish: Mr. Mayor, do I understand that if I want to
build a high rise, like Mr. Birmelin has on the east side of
the boulevard, go through the 6th Avenue, that I would be
allowed to do this?
Mayor Ferre: You'd be allowed to do it, if it is properly
zoned.
Mr. Fish: This will not change the zoning there.
Mayor Ferre: It does not change zoning.
Mr. Fish: Thank you.
Mayor Ferre: It does not change your rights you have under
the zoning laws or your rights to change the zoning. You
can go in there and say "I don't want to have a house in
this residential community. I want to have a ten story
building." The way this Commission functions, the odds are
you'd probably get it. Anything else? Do we need to vote
on this now? And then I think we can leave. Are you ready
to move it?
Mr. Dawkins: Yes.
Mayor Ferre: Dawkins moves.
Mr. Perez: Second.
Mayor Ferre: Perez seconds item 2 for second reading. Read
the ordinance. Call the roll.
AN ORDINANCE ENTITLED-
passed on its first reading by title at the meeting of
November 15, 1984, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Dawkins, seconded by Commissioner Perez, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
Commissioner J.L. Plummer, Jr.
AN ORDINANCE AMENDING ORDINANCE NO.
9500, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY APPLYING THE HC -1:
GENERAL USE HERITAGE CONSERVATION
OVERLAY DISTRICT TO THE "MORNINGSIDE
HISTORIC DISTRICT," AN AREA GENERALLY
BOUNDED BY NORTHEAST 60TH STREET ON THE
NORTH, BISCAYNE BAY AND MORNINGSIDE PARK
ON THE EAST, THE REAR LOT LINE BETWEEN
NORTHEAST 55TH STREET AND NORTHEAST 53RD
STREET ON THE SOUTH, AND BISCAYNE
BOULEVARD ON THE WEST, EXCLUDING THOSE
PROPERTIES ADJACENT TO BISCAYNE
BOULEVARD; MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE
NO. 14 OF SAID ZONING ATLAS; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
sl 152 December 20, 1984
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9940
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. GRANT 3% COST OF LIVING INCREASE TO RALPH G. ONGIE, CITY
CLERK
Mr. Dawkins: Mr. Mayor, we forgot to give the Clerk their
6% raise, or whatever their cost of...what is it?
Mr. Ralph Ongie: 3 %.
Mr. Dawkins: 3 %, too generous, I'd like to move that we now
give them their 3% merit increase.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 84 -1504
NOES: None.
IMO
Mr. Perez: Yes.
A RESOLUTION GRANTING A THREE PERCENT (3 %)
COST -OF- LIVING INCREASE TO THE CITY CLERK,
RALPH G. ONGIE, EFFECTIVE OCTOBER 14, 1984.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the
resolution was passed and adopted by the following vote-
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
ABSENT: Vice -Mayor Joe Carollo
Commissioner J.L. Plummer, Jr.
62. ALLOCATE 1/12TH FUNDING TO CAREY TECHNICAL INSTITUTE
CENTER
Mr. Dawkins: We also have to continue to fund Carey
Institute at 1/12th until we have the new law.
Mayor Ferre: Is there a second?
Mayor Ferre: On Carrey's 1/12th, further discussion? Call
the roll.
sl 153 December 20, 1984
The following motion was introduced by
Commissioner Dawkins, who moved its adoption:
NOES: None.
MOTION NO. 84 -1505
A MOTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO ALLOCATE AN AMOUNT EQUAL
TO ONE /TWELFTH FUNDING FOR "CAREY
TECHNICAL INSTITUTE CENTER ", TO BE
FUNDED FROM EXCESS REVENUE FROM UTILITY
SERVICE TAXES WHICH ALLOCATION WILL
CARRY THEM THROUGH FEBRUARY 28, 1985.
Upon being seconded by Commissioner Perez, the motion
was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
.ABSENT: Vice -Mayor Joe Carollo
Commissioner J.L. Plummer, Jr.
63. ALLOCATE $60,000 FOR PUERTO RICAN OPPORTUNITY CENTER JOB
SKILLS TRAINING PROJECT
Mayor Ferre: I have a note here from Alicia Baro and Freddy
Santiago that instead of the $200,000 that PROC was asking
for in all these different meetings, that they could make it
on $60,000 for the rest of the year. I'd like to move that
in general principle and that we come back to discuss it in
specifics after the administration has had an opportunity
to...PROC, Puerto Rican Opportunity Center.
Mr. Dawkins: Second.
Mayor Ferre: It's been moved by Dawkins; second by Perez.
Further discussion? Call the roll.
The following motion was introduced by
Commissioner Dawkins, who moved its adoption:
MOTION NO. 84 -1506
A MOTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO ALLOCATE AN AMOUNT NOT
TO EXCEED $60,000 FOR THE "PUERTO RICAN
OPPORTUNITY CENTER" TO CONTINUE THE
AGENCY'S EMPLOYMENT, REFERRAL, PLACEMENT
AND JOB SKILLS TRAINING PROJECT IN THE
WYNWOOD TARGET AREA FOR THE PERIOD
FEBRUARY 1ST THROUGH SEPTEMBER 30, 1985.
Upon being seconded by Commissioner Perez, the motion
was passed and adopted by the following vote-
AYES:
NOES: None.
Commissioner Miller J. Dawkins
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
sl 154 December 20, 1984
ABSENT: Vice -Mayor Joe Carollo
Commissioner J.L. Plummer, Jr.
64. BRIEF COMMENTS ON MORNINGSIDE HISTORIC DISTRICT
UNIDENTIFIED SPEAKER: Mr. Mayor, very briefly, on behalf of
the Morningside District, before they leave, we'd like to
thank you. It's been three years in the working for us. We
hope you'll be proud of what we're doing there. Now that
we've accomplished that, we're on to our next thing, if I
may hand out something concerning the park, if you will
please read at your leisure.
65. BRIEF COMMENTS ON KORN AND FERRY'S RELATIONSHIP WITH
RANDOLPH ROSENCRANTZ
Mayor Ferre: Of course. Commissioner Dawkins in the
newspaper, I think it was yesterday, and I think it's been
pointed out because of the Sunshine Law, we're not able to
talk these things through, so we have to do it before these
microphones. I think it is his concern about Korn and
Ferry, Mr. Manager, is an appropriate concern. I
misunderstood what this was all about. I think it is
appropriate that you put into the record, and I think Mr.
Norm Roberts of Korn and Ferry should also put into the
record a letter that there is no personal relationship or
background. As I understand it from the newspaper report,
you met the man twice in your life.
Mr. Rosencrantz: Let me give you the history of that. I
think it was about five or six years ago, I was a candidate
as the Chief Administrator, I'm not sure whether it's for a
county or for a city. Korn Ferry was handling the
interviews. I was one of the persons that he interviewed at
that time. I'd had no other contact with Mr. Roberts since
that time until just the other day when he was down to visit
the City Commission. He walked into the office. If he
wouldn't have introduced himself, I wouldn't have known who
he was.
Mayor Ferre: Would you also ask Mr. Roberts to write a
letter so that it be submitted into the record that he has
no conflicts with you or with anybody else, really for that
matter.
Mr. Rosencrantz: I'm sure he'll be glad to do that.
Mr. Dawkins: Mr. Mayor, let me go on record, as I've said
before, I did not see any impropriety. I just had a concern
that I wanted to raise and I didn't want to raise it
afterwards. I did not see anything wrong, nor do I suspect
anything.
Mayor Ferre: See, the problem is that the newspapers just
love any controversy, so they're always looking for anything
that might make for a nice, juicy story.
sl 155 December 20, 198
66 ACCEPT BID: F.R.E. CONSTRUCTION - EDISON HIGHWAY
IMPROVEMENT, ETC.
Mr. Rosenorantz: Mr. Mayor, you have an item before you.
It's a contract for the Edison Highway Improvement, Phase
II. We neglected to get that on to the agenda. We would
like to award that particular bid.
Mr. Dawkins: Move it.
Mayor Ferre: Dawkins moves.
Mr. Perez: Second.
Mayor Ferre: Perez seconds the Edison Highway Improvement
Phase I bid B awarding contract. Call the roll.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 84 -1507
A RESOLUTION ACCEPTING THE BID OF F.R.E.
CONSTRUCTION CO. IN THE PROPOSED AMOUNT OF
$737,237.60, BID "B" OF THE PROPOSAL, FOR
EDISON HIGHWAY IMPROVEMENT -PHASE I - BID
"B" WITH MONIES THEREFOR ALLOCATED FROM THE
"EDISON STREET IMPROVEMENTS" ACCOUNT IN THE
AMOUNT OF $373,237.6 TO COVER THE CONTRACT
COST; ALLOCATING FROM SAID FUND THE AMOUNT
OF $103,213.40 TO COVER THE COST OF PROJECT
EXPENSE; ALLOCATING FROM SAID FUND THE
AMOUNT OF $14,745.00 TO COVER THE COST OF
SUCH ITEMS AS ADVERTISING, TESTING
LABORATORIES AND POSTAGE; ALLOCATING FROM
SAID FUND THE AMOUNT OF $17,104.00 TO COVER
THE 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 BY
F.R.E. CONSTRUCTION CO. OF EDISON HIGHWAY
IMPROVEMENT - PHASE I - BID "B" IN EDISON
HIGHWAY IMPROVEMENT DISTRICT UPON
SATISFACTORY COMPLETION OF SAID
CONSTRUCTION; SAID NOTICE SHALL BE PUBLISHED
IN COMPLIANCE WITH THE PROVISIONS OF
RESOLUTION NO. 84 -45, ADOPTED JANUARY 19,
1984, CONCERNING THE PUBLICATION OF CITY
NOTICES.
(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 Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
Commissioner J.L. Plummer, Jr.
sl 156 December 20, 1984
67 ALLOCATE $12,000 IN SUPPORT OF NATIONAL SEARCH FOR CITY
MANAGER - KORN /FERRY INTERNATIONAL ETC.
Mayor Ferre: We forgot to do Korn and Ferry, a resolution
allocating $12,000 in support of national search for manager
candidates by Korn /Ferry. Is there a motion?
Mr. Dawkins: Move it.
Mr. Perez: Second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 84 -1508
A RESOLUTION ALLOCATING $12,000 FROM SPECIAL
PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN
SUPPORT OF A NATIONAL SEARCH FOR CITY
MANAGER CANDIDATES BY KORN /FERRY
INTERNATIONAL IN SUBSTANTIAL ACCORDANCE WITH
THE TERMS AS SET FORTH IN THE PROPOSAL FROM
SAID FIRM AND WITH SUCH OTHER TERMS AS ARE
ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the
resolution was passed and adopted by the following vote-
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
Commissioner J.L. Plummer, Jr.
68 GRANT 3% COST OF LIVING INCREASE TO LUCIA ALLEN
DOUGHERTY, CITY ATTORNEY
Mr. Dawkins: One thing before we get called a bunch of
chauvinist pigs, we forgot to give the City Attorney her 3%,
so I move that we give her 3 %, please.
Mayor Ferre: All right, there is a motion and a second.
Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 84 -1509
A RESOLUTION GRANTING A THREE PERCENT (3 %)
COST -OF- LIVING INCREASE TO THE CITY
ATTORNEY, LUCIA A. DOUGHERTY, EFFECTIVE
OCTOBER 14, 1984.
157 December 20, 1984
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the
resolution was passed and adopted by the following vote-
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
Commissioner J.L. Plummer, Jr.
69 ALLOCATE $3,065 FOR IN -KIND SERVICES - JOSE MARTI PARADE
Mayor Ferre: Perez moves that 3,065 in -kind service in fee
waivers for the operating budgets of the Department of
Police, Fire, Rescue and so on be allocated for a....
Mr. Perez: Jose Marti Parade.
Mayor Ferre: ....Jose Marti Biprisa Parade, January 28th.
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 84 -1510
A RESOLUTION ALLOCATING AN AMOUNT NOT TO
EXCEED $3,065 FOR IN -KIND SERVICES AND 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 TH E JOSE MARTI PARADE, CITY -CO-
SPONSORED WITH BILINGUAL PRIVATE SCHOOL
ASSOCIATION (BIPRISA), SCHEDULED FOR JANUARY
28, 1985; FURTHER ALLOCATING AN AMOUNT NOT
TO EXCEED $4,500 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND, TO THE DEPARTMENT
OF PARKS AND RECREATION FOR MISCELLANEOUS
PARADE EXPENSES; FURTHER AUTHORIZING THE
CLOSING OF STREETS ALONG THE PARADE ROUTE
SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE, AND
INSPECTION SERVICES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the
resolution was passed and adopted by the following vote-
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
158 December 20, 1984
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
Commissioner J.L. Plummer, Jr.
70 APPOINT JULIO QUESADA - LATIN QUARTER REVIEW BOARD
Mr. Perez: I want to make the appointment for the Latin
Board that I have one pending appointment, Julio Quesada.
Mayor Ferre: Is there anything else, Mr. Manager, Madam
City Attorney?
Mr. Perez: I think that we have to vote, no?
Mayor Ferre: Moved by Perez, second by Dawkins. Further
discussion on the appointment? Is that the Latin Quarter
Board? Is that what that is?
Mr. Sesrgio Rodriguez: The Latin Quarter Review Board.
Mayor Ferre: All right, call the roll.
The following motion was introduced by
Commissioner Perez, who moved its adoption:
MOTION NO. 84 -1511
A MOTION APPOINTING MR. JULIO QUESADA TO
THE LATIN QUARTER REVIEW BOARD.
Upon being seconded by Commissioner Dawkins, the motion
was passed and adopted by the following vote-
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
Commissioner J.L. Plummer, Jr.
71 ALLOCATE $150,000 TO SENIOR CENTERS OF DADE COUNTY, INC.
FOR HOT MEALS PROGRAM
Mayor Ferre: Community Development, Frank Castaneda, what
is this? Senior Centers?
Mr. Frank Castaneda: That's a formalization of the Senior
Centers of this morning.
Mayor Ferre: Perez moves.
Mr. Dawkins: Second.
Mayor Ferre: Dawkins seconds. Further discussion? Call
the roll.
sl 159 December 20, 1984
NOES: None.
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 84 -1512
A RESOLUTION ALLOCATING A TOTAL OF $150,000
TO THE SENIOR CENTERS OF DADE COUNTY, INC.
FOR THE PURPOSE OF PROVIDING A HOT MEALS
PROGRAM TO THE HOMEBOUND FOR THE PERIOD
JANUARY 1, 1985 THROUGH SEPTEMBER 30, 1985,
FROM THE FOLLOWING SOURCES: $28,434 FROM
1984 -85 FEDERAL REVENUE SHARING FUNDS,
$83,742 FROM TENTH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS AND $37,824
FROM EXCESS REVENUES FROM UTILITY SERVICE
TAXES; FURTHER REDIRECTING THE BALANCE OF
UNUSED FUNDS FROM THE PREVIOUSLY APPROVED
ALLOCATION OF $24,999 FOR THE SENIOR CENTERS
OF DADE COUNTY JOB TRAINING PROJECT TO THE
HOT MEALS PROGRAM TO THE HOMEBOUND OPERATED
BY THAT SAME AGENCY, AND AUTHORIZING THE
CITY MANAGER TO AMEND THE EXISTING AGREEMENT
WITH THE AFOREMENTIONED AGENCY, SUBJECT TO
THE CITY ATTORNEY'S APPROVAL AS TO FORM AND
CORRECTNESS.
(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 Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
ABSENT: Vice -Mayor Joe Carollo
Commissioner J.L. Plummer, Jr.
Mayor Ferre: Mr. Castaneda, I want to tell you something,
you and the Manager. If we don't move on the UDAG $6.1
million by January 31st, it's over. I've now warned you
that the administration, that when the budget message of
President Ronald Reagan goes to Congress, if you do not have
a letter of contract, you will have lost the $6.1 million.
I don't want you to sleep. You can have Christmas and you
can have New Year's and Mr. Manager, I don't expect that man
to sleep or do anything until he comes back with that
contract.
160 December 20, 1984
Mr. Castaneda: We were just in contact with HUD today.
They are sending the contracts Federal Express. We should
receive it tomorrow morning.
Mayor Ferret That's good enough.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 7:39 P.N.
ATTEST:
Ralph G. Ongie
CITY CLERK
Natty Hirai
ASSISTANT CITY CLERK
Maurice A. Ferre
MAYOR
161 December 20, 1984
DOCUMENT IDENTIFICATION
erlY OF MA1IV
DOCUMENT
MEETING DATE
!EIDE DECEMBER 20, 1984.
(1 of 2)
URGE MEMBERS OF DADE COUNTY DELEGATION OF
THE FLORIDA STATE LEGISLATURE AND REPRESENTA-
TIVE OF THE CITY, TO TRAVEL TO CAMBRIDGE,
MASSACHUSETTS, TO ATTEND CONFERENCE DESIGNED
FOR RESEARCH /LOBBYING EFFORTS TO IMPROVE RELA-
TIONS BETWEEN THE CITY AND METROPOLITAN DADE
COUNTY.
URGE OFFICIALS OF DADE COUNTY, THE STATE OF
FLORIDA AND THE FEDERAL GOVERNMENT TO ENSURE
CONSTRUCTION OF THE PROPOSED NEW PORT OF MIAMI
ACCESS BRIDGE; ETC.
APPROVE $442 IN SUPPORT OF THE KING MANGO
STRUT PARADE. (DECEMBER 30, 1984).
ALLOCATE $7,000 IN SUPPORT OF THE ANNUAL T.
R. GIBSON MEMORIAL ORATORICAL CONTEST.
ALLOW LATE SUBMISSION OF PROPOSAL FEES - WAIVE
THAT IRREGULARITY IN SAID PROPOSALS SUBMITTED
IN RESPONSE TO RFP FOR PHASE I- SOUTHEAST
OVERTOWN /PARK WEST REDEVELOPMENT PROJECT.
URGE ASSISTANCE OF GOVERNOR GRAHAM TO REGARD
THE QUESTION OF APPROPRIATENESS OF A DRI APPLI-
CATION FOR BAYSIDE PROJECT AND /OR BAYFRONT
PARK REDEVELOPMENT PROJECT.
AUTHORIZE AMENDMENT TO EXISTING AGREEMENT
WITH BERMELLO, KURKI AND VERA, INC. FOR MASTER
PLANNING SERVICES REGARDING THE DINNER KEY
MASTER PLAN.
AUTHORIZE AGREEMENT WITH ERIC R. SISSER, INC.
FOR SERVICES AS LEGISLATIVE LIASON; ETC.
APPROVE A PROPOSED $300,000 LOAN FROM MIAMI
CAPITAL DEVELOPMENT, INC. TO THE INSURANCE
EXCHANGE OF THE AMERICAS, INC., AS EVIDENCED
BY LOAN COMMITMENT LETTER DATED NOVEMBER 29,
1984.
CLAIM SETTLEMENT: STEVEN BALDWIN ($18,000),RO-
BERT M. EVANS ($15,000) AND WALTER RODAK
($12,500).
AUTHORIZE $54,963.52 TO SAGE TODD & SIMS FOR
PROFESSIONAL SERVICES IN CONNECTION WITH NEGO-
TIATION /PREPARATION OF DOCUMENTS FOR DESIGN,
CONSTRUCTION, DEVELOPMENT, LEASING, AND MANAGE-
MENT OF BAYSIDE SPECIALTY CENTER.
COMMISSION RETR IEVA'
ACTION An CODE NO .
84 -1465
84 -1466
84 -1468
84 -1469
84 -1470
84 -1472
84 -1476
84 -1477
84 -1478
84 -1479
84 -1480
CUMENTINDEX
CONTINUED _
tJOMMISS1ON RTIEV ____,....,.
DOCUMENT IDENTIFICATION
REAFFIRM APPROVAL OF PARKING GARAGE MANAGEMENT
AGREEMENT BETWEEN THE DEPARTMENT OF OFF - STREET
PARKING AND BAYSIDE CENTER LIMITED PARTNESHIP,
THE SUPPLEMENTAL AGREEMENT AND THE AMENDMENT
TO THE EXISTING LICENSE AGREEMENT REGARDING
THE MIAMI GRAND PRIX - AUTHORIZE EXECUTION
OF CERTAIN AGREEMENTS WITH BAYSIDE SPECIALTY
CENTER PROJECT.
ACCEPT COMPLETED WORK: FROM RECIO & ASSOCIATES,
INC. ($95,899) FOR CITY -WIDE COMMUNITY DEVELOP-
MENT TREE PLANTING - PHASE III. AUTHORIZE
FINAL PAYMENT ($9,589.90)
APPROVE THE CITY OF MIAMI CAPITAL IMPROVEMENT
PROGRAM 1984 - 1990, TO PROVIDE GUIDELINES
FOR CITY AGENCIES, BOARDS AND DEPARTMENTS.
ACCEPT PLAT: "FLORENTINO PLAZA" AND DEDICATIONS
SHOWN ON SAID PLAT; AUTHORIZE /DIRECT CITY
MANAGER /CITY CLERK TO EXECUTE THE PLAT.
ACCEPT PLAT: "NORANTONIO ACRES" AND THE DEDI-
CATIONS SHOWN. AUTHORIZE /DIRECT CITY MANAGER/
CITY CLERK TO EXECUTE THE PLAT.
ACCEPT THE PLAT "THATCHER SUBDIVISION" AND
THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZE/
DIRECT CITY MANGER /CITY CLERK TO EXECUTE THE
PLAT.
REAPPOINT ARGENTINA HILLS, THOMAS R. POST,
MARTIN FINE AND ANTONIO ALONSO TO BOARD OF
DIRECTORS OF DOWNTOWN DEVELOPMENT AUTHORITY
(EXPIRING IN JUNE 30, 1988).
AUTHORIZE A TWO DAY PERMIT TO SELL BEER /WINE
FOR THE LATIN ORANGE FESTIVAL COUNCIL IN CONNEC-
TION WITH "FIESTA BY THE BAY" AT BAYFRONT
PARK (DECEMBER 31,1984 AND JANUARY 1, 1985).
AUTHORIZE DISPENSE OF BEER IN SOFT CONTAINERS,
AT NO CHARGE BY SAFARIS & TOURS, INC. IN PACE
PARK. (JANUARY 30, 1985).
APPROVE AN AMEND DECLARATION OF RESTRICTIVE
CONVENANTS RUNNING WITH THE LAND (DATED JANUARY
6, 1983) FOR THE PROPERTY LOCATED AT 4000-
40-50 WEST FLAGLER STREET AND APPROXIMATELY
10 SOUTHWEST 40TH AVENUE, TO PERMIT A COMMER-
CIAL BANKING INSTITUTION, ETC.
84 -1483
84 -1484
84 -1485
84 -1487
84 -2488
84 -1489
84 -1491
84 -1492
84 -1493
84 -1494
I
DOCUM
CONTINUED
DOCUMENT IDENTIFICATION ZOMM1 STON RET TEV ► L
ACT DN ANT) CDDE
AMEND STIPULATION OF AGREEMENT TO CONDITION
DEVELOPMENT ORDER AND DISMISS APPEAL (R -75-
423) - GRANT 44 DAY EXTENSION TO COMPLAY WITH
REQUEST TO CONSTRUCT LOW INCOME HOUSING ON
CLAUGHTON ISLAND.
PERMIT THE APPLICANT FOR LEJEUNE CENTRE PROJECT
(780 NORTHWEST 42ND AVENUE) TO PROCEED TO
FILE A FINAL APPLICATION FOR MAJOR USE SPECIAL
PERMIT. ESTABLISH 3:30 PM, JANUARY 24, 1985,
AS THE PUBLIC HEARING DATE FOR CONSIDERATION
OF FINAL APLICATION FOR MAJOR USE SPECIAL
PERMIT.
CLOSE /VACATE /ABANDON AND DISCONTINUE PUBLIC
USE OF A CERTAIN PORTION OF ALLEY, WHICH CONSTI-
TUTE CONDITIONS FOR APPROVAL OF TENTATIVE
PLAT NO.1245 "COCONUT GROVE ARCADE" AS MORE
DESCRIBE IN RESOLUTION 84 -1501.
AUTHORIZE REQUEST FOR PROPOSALS TO PROVIDE
TIME /TEMPERATURE, ADVERTISING DISPLAY PANELS
FOR PLACEMENT ON PUBLIC RIGHTS -OF -WAY.
GRANT 3% COST -OF- LIVING INCREASE TO CITY CLERK
RALPH G. ONGIE, EFFECTIVE OCTOBER 14, 1984.
ACCEPT BID: F.R.E. CONSTRUCTION CO.($737,237.60)
BID "B" FOR EDISON HIGHWAY IMPROVEMENT -PHASE
I -. AUTHORIZE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM AND DIRECT CITY CLERK TO PUBLISH
A NOTICE OF PUBLIC HEARING FOR THE OBJECTIONS
TO THE ACCEPTANCE OF EDISON HIGHWAY IMPROVEMENT
-PHASE I- BID "B" BY F.R.E. CONSTRUCTION CO.
ALLOCATE $12,000 FROM SPECIAL PROGRAMS ACCOUNTS
IN SUPPORT OF A NATIONAL SEARCH FOR CITY MANA-
GER CANDIDATES BY KORN -FERRY INTERNATIONAL, IN
ACCORDANCE WITH THE TERMS AS SET FORTH IN THE
PROPOSAL FROM SAID FIRM.
GRANT A 3% COST -OF- LIVING INCREASE TO CITY
ATTORNEY, LUCIA A. DOUGHERTY, EFFECTIVE OCTOBER
14, 1984.
ALLOCATE $150,000 TO THE SENIOR CENTERS OF
DADE COUNTY, INC., TO PROVIDE A HOT MEALS"
PROGRAM TO THE HOMEBOUND (JANUARY 1, 1985
THROUGH SEPTEMBER 30, 1985. REDIRECT BALANCE
OF UNUSED FUNDS FROM PREVIOUSLY APPROVED ALLOCA-
TION OF $24,999 (SENIOR CENTERS OF DADE COUNTY
JOB TRAINING) TO THE HOT MEALS PROGRAM /HOMEBOUND.
AUTHORIZE TO AMEND THE EXIST AGREEMENT WITH
THE AFOREMENTIONED AGENCY.
44
84 -1496
84 -1497
84 -1501
84 -1502
84 -1504
84 -1507 ,.
84 -1508
84 -1509
84 -1512