HomeMy WebLinkAboutCC 1984-04-26 MinutesCITY OF MIAMI
IiICEMP ORATE
le ES
OF MEETING HELD ON April 26, 1984
4
ES
REGULAR * PLANNING 6 ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G. ONGIE
CITY CLERK
REGULAR
PLANNING & ZONING
APRIL 26, 1984
7
rEM NO.
11
12
13
14
15
16
17
1
CIiY
MOTION TO CONTINUE ALL ITEMS ON TODAY'S AGENDA
RELATING TO CABLE T.V.
(SEE LABEL NO. 10)
2 DISCUSSI(r; AND TEMPORARY DEFERRAL: PERSONAL APPEARANCE
OF CHI;cK MORAN TO PROTEST BID FOR LIGHT FIXTURES
AT 'RANGE BOWL STADIUM.
(SSE LATER SAME MEETING)
3 PERSONAL APPEARANCE: FORMER MAYOR BILL WOLFARTH AND FAY
HARRIS FROM THE DADE COUNTY CLEAN ACTION COMMITTEE
REGARDING A PROPOSED CITY OF MIAMI ORDINANCE.
4 WAIVE REQUIREMENT FOR SEALED BIDS FOR COMPUTERS AND
RELATED EQUIPMENT BY BURROUGHS CORPORATION
IN AN AMOUNT NOT TO EXCEED $6.7 MILLION BASED
ON CITY MANAGER'S WRITTEN FINDING OF VALID EMERGENCY.
5 E BRIEF DISCUSSION ITEM: TOURISTS FUNDS.
BRIEF DISCUSSION ITEM REGARDING SUPER BOWL PRESENTATION.
(SEE LATER SAME MEETING)
7 1 COMMENDING OFFICER MADISON FREEMAN AS OUTSTANDING OFFICER
OF THE MONTH.
8 PRESENTATION TO A GUEST OF U.S. INFORMATION SERVICE.
9 EXPRESS POLICY OF CITY COMMISSION REGARDING PRESENTATION
BEFORE THE N.F.L. OWNERS MEETING IN WASHINGTON,
INSTRUCTING THE COMMITTEE TO ATTRACT SAID SUPPER BOWL
TO ORANGE BOWL STADIUM EXCLUSIVELY.
11 ( AMEND PREVIOUS NOTICE ON THE CONTINUATION OF ALL CABLE T.V.
MATTERS PREVIOUSLY ANNOUNCED, TO NOW TAKE PLACE AT A TIME
CERTAIN ON MAY 10TH.
DISCUSSION AND TEMPORARY DEFERRAL: MISS. UNIVERSE PAGEANT.
DIRECT CITY MANAGER TO ALLOCATE AN AMOUNT EQUAL TO DAILY
►'ENTAL OF MIAMI MARINE STADIUM JUNE 2ND THROUGH 10TH
FUR "U.S. COAST GUARD EVENT ".
OFFICIALLY COMMENDING CITY'S SECRETARIES IN OBSERVANCE
OF NATIONAL SECRETARIES' WEEK
INSTRUCT CITY MANAGER TO REQUEST CHIEF OF POLICE TO
PREPARE RECOMMENDATION FOR DOUBLING OF NARCOTICS
ENFORCEMENT SECTION, ETC.
LONG DISCUSSION AND PROPOSED MOTION REGARDING MISS.
UNIVERSE PAGEANT.
(TEMPORARILY DEFERRED, SEE LATER, SAME MEETING).
ACCEPT BID OF FRANK J. MORAN, INC. FOR THE ORANGE BOWL
FIELD LIGHTING IMPROVEMENTS -1984.
ALLOCATE $2,000 AS CONTRIBUTION TO AN EVENT KNOWN AS
"ISRAEL 36" TO COMMEMORATE THE 36TH ANNIVERSARY OF
THE STATE OF ISRAEL.
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M -84 -464
DISCUSSION
DISCUSSION
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DISCUSSION 8
DISCUSSION 8 -9
DISCUSSION 9
DISCUSSION 9
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DISCUSSION
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CITY
DISCUSSION ITEM:
PORNOGRAPHY & PROSTITUTION.
(REFERRED TO THE CITY MANAGER)
IN VX
ANNOUNCEMENT OF RECEIPT OF A LETTER FROM PARKER THOMPSON
REQUESTING.A DONATION REGARDING A STUDY FOR A PERFORMING
ARTS CENTER IN DOWNTOWN MIAMI.
(REFERRED TO THE CITY MANAGER)
INSTRUCT CITY ATTORNEY TO PREPARE PROPOSED ORDINANCE
PATTERNED AFTER THE CITY OF MINNEAPOLIS ORDINANCE
DEALING WITH THE SUBJECT OF PORNOGRAPHY.
DISCUSSION ITEM: PORNOGRAPHY ON CABLE T.V.
ANNOUNCEMENT BY THE CITY ATTORNEY THAT THERE IS AN ITEM
ON TODAY'S AGENDA CONCERNING THIS MATTER AT THIRD
DISTRICT COURT OF APPEAL.
AUTHORIZE ADMINISTRATION TO PROCEED WITH SALE OF
$50,000,000 GENERAL OBLIGATION BONDS SUBJECT TO
PRIORITY LIST BEING SUBMITTED TO CITY COMMISSION
WITH TIME TABLE, ETC.
URGE METROPOLITAN 1)ADIE COUItiTY TO APPEAL DECISION BY
JUDGE GROSSMAN REGARDING ACQUISITION OF P .B.A. SITE
FOR AFFORDABLE HOUSING.
DISCUSSION ITIEM:
UNIFIED TOTAL CONVENTION FACILITY, IN DADE COUNTY AREA.
CONTINUED DISCUSSION AND TEMPORARY DEFERRAL OF MISS
UNIVERSE PAGEANT.
(SEE LATER SAME MEETING).
PROPOSED CHANGE OF ZONING CLASSIFICATION 2900 - 2950
S.W. 32ND AVENUE AND 2901 -2935 S.W. 32ND AVENUE FROM RO-
2.1/4 TO CR -2/4
(TEMPORARILI DEFERRED).
SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION
2900 -2950 S.W. 32ND AVENUE AND 2901 -2935 S.W.
32ND AVENUE FROM RO -2.1/4 TO CR -2/4. •
ALSO RELATED MOTION REGARDING PROPERTIES IN EGRESS
AND INGRESS FROM DIXIE HIGHWAY.
UPHOLD THE RECOMMENDATION OF THE PLANNING DEPARTMENT AND
DENY A REQUEST FOR ZONING CHANGE AT 3663 N.W. FLAGLER TERR
FROM RG-1 /2 TO CR -2/7.
OFFICIAL VACATION /CLOSURE N.W. 10TH AVENUE AS DESCRIBED
IN R -84 -478 PURSUANT TO REQUEST BY UNIVERSITY OF MIAMI
AND METROPOLITAN DADE COUNTY, PUBLIC HEALTH TRUST, ETC.
UPHOLD DECISION OF ZONING BOARD AND GRANT VARIANCE ON
PROPERTY LOCATED AT APPROXIMATELY 215 N.E. 36TH ST. AND
3601 N. FEDERAL HIGHWAY.
PETITION FOR OFFICIAL VACATION /CLOSURE OF N.W. 11TH
TERRACE AS DESCRIBED IN AG -10 APRIL 26TH MEETING
PETITION OF METRO DADE COUNTY. THIS MATTER WAS DISCUSSED
AND WAS NOT TAKEN UP AGAIN.
1
PAGE # 2
DISCUSSION
M -84 -473
DISCUSSION
DISCUSSION
M -84 -474
M -84 -475 36 -38
DISCUSSION 38 -39
DISCUSSION
DISCUSSION
ORD, 9827
M -•84 -4 76
M -84 --477
R -84 -478
R -84 -479
DISCUSSIO1°
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29 -31
31-32
32 -33
33 -36
39 -42
4 3 -4 6
47 -51
51 -56
56 -57
57 -59
60 -61
REGULAR
PLANNING & ZONING
ACCEPT PLAT: "MOISES SUBDIVISION ".
PRESENTATION TO MR. FORTE.
DISCUSSION ITEM:
URBAN DEVELOPMENT ACTION GRANT.
lABECT APRIL 26, 1984
ESTABLISH MAY 10TH AS THE DATE OF A PUBLIC HEARING TO
CONSIDER AFFIRMING A TIME EXTENSION AND AMENDMENTS TO
"MIAMI CENTER II" DEVELOPMENT ORDER.
APPEARANCES OF SEVERAL PERSONS IN CONNECTION WITH THE
FORTHCOMING C.O.T.A.L. CONVENTION TO BE HELD IN 1985
IN THE CITY OF MIAMI.
MEMBERS OF AMISTAD REQUESTING $30,000 IN CONNECTION WITH
THE VISIT OF THE U.S. PORTLAND, A NAVY LANDING SHIP,
IN CONNECTION WITH TEH "AFRO FEST". REFERRED TO THE CITY
MANAGER.
DISCUSSION ITEII:
CONTRACT W1 TUE ROUSE COMPANY CONCERNING BAYSIDE.
AUTHORIZE C1TV' MANAGER TO ALLOCATE $10,000 AS CONTRIBUTION
TO "CUBAN ASSOCIATION OF ACCOUNTANTS IN EXILE"
IN CONNECTION WITH THEIR CONVENTION TO BE HELD IN THE
CITY OF MIAMI IN AUGUST, 1984.
AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT WITH RICHARD
ROSICHAN FOR DIRECTOR OF "COMMITTEE FOR RESPONSIBLE BONDS
FOR PEOPLE AND PARKS."
ACCEPT IN PRINCIPLE THE CONCEPT OF "AMBASSADOR SQUARE
MARINA ".
BRIEF DISCUSSION ITEM: CHARTER REVIEW MEETING CONCERNING
THE CLEAN UP OF OBSOLETE PROVISIONS OF THE CHARTER.
REQUEST CITY MANAGER THAT WHEN REPRESENTATIVE OF
"AMBASSADOR SQUARE MARINA" COME BACK TO THE CITY TO SEEK
A VARIANCE, THE MANAGER IS INSTRUCTED THAT SAID : REQUEST
BE SCHEDULED BEFORE COMMISSION FOR FINAL APPROVAL.
DISCUSSION ITEM OF AGENDA ITEM 51 EVEN THOUGH IT WAS
PREVIOUSLY ANNOUNCED THAT IT WOULD BE WITHDRAWN,
CONCERNING LEASE AGREEMENT ON 15,960 SQUARE FEET
ON BAY BOTTOM LAND ON FISHER ISLAND.
FIRST READING ORDINANCE: AMENDING SEC. 1417 OF THE CODE
TO ALTER THE BOUNDARIES OF THE DOWNTOWN DEVELOPMENT
DISTRICT TO EXCLUDE THE RESIDENTIAL AREA OF POINT VIEW.
APPROVE IN PRINCIPLE THE APPLICATION FOR U.D.A.G.
GRANT FOR CONSTRUCTION OF 25 UNITS OF SALES HOUSING IN THE
OVERTOWN C0MUN 1 TY DEVELOPMENT AREA.
FORAMLIZE RESOLUTION APPROVING THE UTILIZATION OF A
PASSENGER VAN TO BE USED BY THE WYNWOOD ELDERLY CENTER.
i
I NAbNCE
SOWTION f10
R -84 -480
R -84 -481
DISCUSSION
DISCUSSION
DISCUSSION
DISCUSSION
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R -84 -483
DISCUSSION
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DISCUSSION
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DISCUSSION
FIRST
READING
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R -84 -487
TEN NO.
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47
an
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61 -68
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83 -85
86
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90
R -84 -488
DISCUSSION
DISCUSSION
DISCUSSION
DISCUSSION
M -84 -489
FIRST
READING
DISCUSSION
DISCUSSION
FIRST
READING
FIRST
READING
FIRST
READING
R -84 -490
DISCUSSION
IEM N0.
48
49
55
LO
57
CITY
*I NV
REGULAR
PLANNING AND ZONING APRIL 26, 1984
ALLOCATE $36,600 SPECIAL PROGRAMS AND ACCOOUNTS TO TWO
PREVIOUSLY' APPROVED AGENCIES TO PURCHASE VEHICLES THROUGH
THE FLORIDA DEPARTMENT OF TRANSPORTATION.
DISCUSSION ITEM:
MR. VEGA REGARDING TRAFFIC AND SPEEDING PROBLEMS
IN THE VICINITY OF 62ND AVENUE AND 2ND STREET.
50 PERSONAL APPEARANCE: MRS. BENITEZ, REGARDING SPEEDING IN
THE FLAGAMI AREA, PARTICULARLY NEAR SCHOOLS.
51 DISCUSSION AND DEFERRAL OF CONSIDERATION OF A ZONING
TEXT AMENDMENT TO ORDINANCE 9500 PHD, SPI DISTRICTS.
52 DISCUSSION AND TEMPORARY DEFERRAL OF ZONING TEXT
AMENDMENT SPI -7 DISTRICTS BRICKELL, MIAMI RIVER,
RAPIDA TRANSIT DISTRICTS.
53 MOTION CONTINUING AGENDA ITEMS 18 THROUGH 26,
AIL IN CONNECTION WITH THE PROPOSED LATIN QUARTER IN THE
LITTLE HAVANA AREA.
54 FISRT READING ORDINANCE: AMEND ORDINANCE 9500 ZONING
TEXT CHANGE SPI -7 ERICKELL/MIAIfI RIVER /RAPID TRANSIT
DISTRICTS.
DISCUSSION OF SUPER BOWL PRESENTATION- 5 DAY RULE
INVOKED BY COMMISSIONER PLUMMER.
MAYOR FERRE APPOINTS COMMISSIOENR JOE CAROLLO AS A MEMBER
OF THE SUPER BOWL COMMITTEE.
FIRST READING ORDINANCE: ATLAS CHANGE FROM SPI -7.1
TO SPI -7 BRICKELL /MIAMI RIVER /RAPID TRANSIT COMMERCIAL
RESIDENTIAL DISTRICTS.
58 FIRST READING ORDINANCE: ATLAS CHANGE FROM SPI -7.2
TO SPI -7 BRICKELL /MIAMI RIVER /RAPID TRANSIT COMMERCIAL
RESIDENTIAL DISTRICT.
59 FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
740 - 742 N.W. 25TH AvFNUE AND 741 743 N.W. 26TH AVENUE FROM
RG - 1/3 TO CR - 2/7.
DENY APPEAL OF THE PLANNIp:G DEPARTMENT AND UPHOLD
DECISION OF THE ZONING BOARD TO GRANT VARIANCE AT 2501
N.W. 7TH STREET AND APPROXIMATELY 740 -742 N.W. 25TH AVENUE
AND 741 -743 N.W. 26TH AVENUE.
PERSONAL APPEARANCE MR. JULIO BALSERA, RESIDENT OF THE
FLAGAMI AREA.
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90 -91
91 -93
93 -95
96 -98
98 -99
99 -101
101 -116
117 -127
127
127 -128
128 -129
129 -139
139 -140
140 -142
TEM N0.
62 PERSONAL APPEARANCE: MR. MIGUEL ANGEL MONTOYA AND MR.
AND MRS. BALDOMERO FERNANDEZ REGARDING NEEDED IMPROVEMENT
IN THE FLAGAMI AREA.
63 PERSONAL APPEARANCE OF SEVERAL MEMBERS OF THE
SHENANDOAH AND SILVER BLUFF AREA REGARDING DEMOLITION
OF A BUILDING, REQUESTING CITY ATTORNEY TO REQUEST
EMERGENCY HEARING.
64 INSTRUCT CITY MANAGER TO CONVEY TO THE MISS UNIVERSE
PAGEAN HOST COMMITTEE THAT CITY WILL COMMIT $166,000
IN CONNECTION WITH THE HOLDING OF SAID EVENT TO BE HELD
IN JULY OF 1984, CONDITIONED TO CERTAIN CONTRIBUTIONS
BEING OBTAINED FROM THE PRIVATE SECTOR.
'5 FIRST READING ORDINANCE: ZONING TEXT AMENDMENT TO
ORDINANCE 9500 AMENDING ARTICLE 20 - GENERAL AND
SUPPLEMENTARY REGULATIONS.
66
67
68
69
70
71
72
73
BRIEF DISCUSSION AND DEFERRAL TO NEXT MEETING PROPOSED
ZONING TEXT AMENDMENT BY ADDING A NEW SUB - SECTION 2003.9
ENTITLED: TEMPORARY SPECIAL EVENTS, SPECIAL PERMITS,
ETC.
BRIEF DISCUSSION AND RETURN TO PLANING ADVISORY BOARD FOR
REVIEW A PROPOSED ORDINANCE TEXT CHANGE TO 9500
ENTITLED: SEC. 2026 ENTITLED: SIGNS, SPECIFIC LIMITATIONS
AND REQUIREMENTS.
FORMALIZING RESOLUTION: AUTHORIZE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH ATHALIE RANGE FOR PROFESSIONAL
LEGISLATIVE CONSULTANT SERVICES CONCERNING LEGISLATION
WHICH IMPACTS ON THE CITY OF MIAMI.
EMERGENCY ORDINANCE: ESTABLISH . NEW REVENUE FUND
ENTITLED: " SUMMER YOUTH EMPLOYMENT AND TRAINING
PROGRAM 1984 /J.P.T.A. 11 -B ".
RATIFY AND CONFIRM ACTION OF THE CITY MANAGER WAIVING
COMPETITIVE BID REQUIREMENTS - EMERGENCY PURCHASE OF
SERVICE FROM BELAFONTE - TACOLCY CENTER IN CONNECTION
WITH J.P.T.A. TITLE II -B "SUMMER YOUTH EMPLOYMENT
AND TRAINING PROGRAM."
EMERGENCY ORDINANCE: AMEND ORDINANCE 9534 CAPITAL
IMPROVEMENTS APPROPRIATION ORDINANCE. INCREASE APPROPRIATION
TO MOORE PARK REDEVELOPMENT IN THE AMOUNT OF $490,000.
ACCEPT BID: 128 LIGHT AUTOMOTIVE VEHICLES FOR DEPARTMENT
OF BUILDING AND VEHICLE MAINTENANCE.
EMERGENCY ORDINANCE: ESTABLISH NEW TRUST AND AGENCY FUND
ENTITLED: " SUMMER FOOD SERVICE PROGRAM FOR CHILDREN
1984 ".
CIfSSIcif
VIDEX
PAGE 11 5
DISCUSSION
M -84 -491
M -84 -492
FIRST
READING
DISCUSSION
DISCUSSION
R -84 -493
ORD, 9828
R- 84494
ORD, 9829
R -84 -495
ORD. 9830
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147 -151
151 -154
154 -155
155 -158
158
159
160
161
162
TEM NO.
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75
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REGULAR
PLANNING AND ZONING -
INIFX
CIMSSIai � � PEORI01
APRIL 26, 1984
DECLARING HOST ADVANTAGEOUS METHOD TO DEVELOP OVERTOWN/
PARK WEST PHASE -I- IS BY UNIFIED DEVELOPMENT PROJECT
INSTRUCTING CITY MANAGER TO DEVELOP R.F.P.'S, ETC.
ACCEPT BID: AAIEM CONSTRUCTION CORPORATION - PROPOSAL OF
MOORE PARK REDEVELOPMENT.
AUTHORIZE MANAGER TO AMEND REQUEST FOR PROPOSALS
FOR DEVELOPMENT OF CULTURAL, RECREATION AND ENTERTAINTMENT
FACILITEIS ON CITY OWNED WATSON ISLAND TO EXTEND DEADLINE
FOR SUBMISSION OF PROPOSALS.
CLAIM SETTLEMENT: LOREAN BROWNING, PERSONAL
REPRESENTATIVE OF THE ESTATE OF JOHNNY C. BROWNING,
JR., DECEASED.
AUTHORIZE CITY MANAGER TO NEGOTIATE CONTRACT WITH
URBAN LEAGUE OF GREATER MIAMI, GIBSON INSTITUTE FOR SOCIAL
CHANGE, IN AN AMOUNT NOT TO EXCEED $50,000 TO PRODUCE
REPORT IIOCUI.ENT1NG EXTENT OF MINORITY PROCUREMENT PROGRAM
1N 10 -YEAR FERI OD I'RI OR '1'0 3981 .
DECLARE INTENT OF THE CITY COMNJSSION THAT EACH MEMBER
OF THE CITY COI,IISSION BE AFFORDED A MINIMUM OF 900
SQUARE FEET OF OFFICE SPACE AT CITY HALL; DIRECTING
CITY MANAGER TO COME BACK BY THE MEETING OF MAY 10TH WITH
RECOMMENDATION
r'
PAGE # 6
I NANCE
SOLUTION
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M -84 -501
PAS NO
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165
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170 -171
ABSENT: Commissioner Joe Carollo
On the 26th day of April, 1984, the City Commission of Miami,
Florida, met at its regular meeting place in the City Hall, 3500 Pan
American Drive, Miami, Florida in regular session.
The meeting was called to order at 9:20 A.M., by Mayor Maurice Ferre with
the following members of the Commission found to be present:
ALSO PRESENT WERE:
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
* * * * t * t * :'S
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
Howard V. Gary, City Manager
Jose Garcia - Pedrosa, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
An invocation was delivered by Mayor Maurice Ferre, who then
led those present in a pledge of allegiance to the flag.
1. MOTION TO CONTINUE ALL ITEMS ON TODAY'S AGENDA RELATING TO CABLE TV
(See label No. I0).
Senator Kenneth Meyers: Mr. Mayor, before you do that, may I just quickly
move for continuance, with the agreement of Mr. Gary, on all the cable
items?
Mayor Ferre: Mr. Gary, do you agree that these items should be continued?
Mr. Gary: Yes, sir.
Mayor Ferre: Do you have any problems? Is there a motion for continuance?
Mr. Dawkins: So move.
Mr. Plummer: Second.
Mayor Ferre: Further discussion? Call the roll on the continuance of
all of the cable T.V. items on the agenda this morning.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 84 -464
A MOTION TO CONTINUE ALL SCHEDULED MATTERS RELATING
TO CABLE TELEVISION ON TODAY'S AGENDA TO THE SCHEDULED
COMMISSION MEETING OF MAY 10, 1984.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
01
'APR 2 6 1984
sl
NOES: None.
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Mayor Maurice A. Ferre
ABSENT: Commissioner Joe Carollo
Vice Mayor Demetrio Perez, Jr.
2. DISCUSSION AND TEMPORARY DEFERRAL: PERSONAL APPEARANCE OF CHUCK MORAN
TO PROTEST BID FOR LIGHT FIXTURES AT ORANGE BOWL STADIUM (See later
same meeting.)
Mayor Ferre: Mr. Moran.
Mr. Chuck Moran: Yes, my name is Chuck Moran. I'm President of Frank J.
Moran, Inc., 1501 N.W. 29 Street, in the City. On the 19th, we bid a job
for new lighting in the Orange Bowl. We were the lowest qualified bidder
for this project. We would like to request that the City does award the
job to this contractor. I understand there may be a delay on the job;
it may be re -bid. If that is the case, the delay in the order of these
special lights could well bring the project to completion time well into
the football season.
Mayor Ferre: Mr. Moran, excuse me. Mr. Manager, do we have anybody here
who is familiar with this particular item?
Mr. Gary: No, but I can respond to this, Mr. Mayor. There was an item
in the bid specifications that called for a general contractor and the
bids came in f_or...with the electrical contractors specifications, plus
there were some concerns about whether or not the lowest bidder had a
Dade County license, which was a part of the bidder specification. It
is our recommendation, Mr. Mayor, that this itch be withdrawn, the bids
not be accepted, and that we rebid the item. It is also important to note
that the bids came in over the budgeted amount also.
Mr. Plummer: My main concern would be the point that was made, Mr. Gary
about the completion time of the job and ready for the season.
Mr. Gary: Well, one thing that they forgot to tell you is that it would
not be ready for the season in any event. They would have to be working
while we have the games going on in the first place. We feel that a
majority of them, even if we rebid, will be done before the season and
that we still have to put in lights, replacement lights during the season.
That is regardless of whether we accept the bid today or not.
Mayor Ferre; Mr. Manager, what was the estimate that the City had on
cost of that? Does anybody have that information?
Mr. Gary: Mr. Mayor, I would suggest that we get the Public Works people
down here, since this is not one of the scheduled items.
Mayor Ferre: I think what we need to do is then just hold until the
Public Works people get here. I know that Mr. Stephenson and Kenny,
you have other things that you need to get on with.
Mr. Art Fernandez: Mr. Mayor, may I make one stipulation. My name is
Art Fernandez. I represent the Miami Building Trade. I'd like to know
why Mr. Gary wants to throw the low qualified bidder out, which he
contradicts himself....
Mayor Ferre: He just explained it.
•
02
APR 2 6 1984
sl
Mr. Fernandez: All right, let me say this. He contradicts himself. The
bid specification calls a general contractor to bid this job. It didn't
say electrical contractor; the specifications did not say electrical
contractor. It said a general contractor or an electrical engineer.
What I want to know is, why do you want to throw the low qualified bidder
out and have it re -bid? Knowing that you will not open in time for the
football games or the football season, plus you are going to have an
overcost of overtime? Why would you want to spend that excess money for?
That's what I want to stipulate.
Mayor Ferre: I think the answer, if I heard the Manager. is because all
the bids were over the estimated cost. If they were ova_ oe cost, but
it is going to cost that anyway, and if we go re -bid it and end up with
this cost and all we've done is delay four, five months or to the next
season, then that is why Commissioner Plummer was asking the questions
that he asked, tilut we don't have an answer, and until we have an answer
we can't come to a conclusion. Do you want to add something, Mr. Moran?
Can you finish the job for the season?
Mr. Moran: Yes, I believe the specifications did call for the
completion before the season began. If the project is awarded
are confident we can complete it. If it is delayed and has to
these light fixtures will be delayed ten twelve weeks and there
this project will be completed. I might remind the Commission
re -bid does not necessarily mean that you will receive a lower
the project. It may well cost more money and delay the Orange
further.
Mayor Ferre: What was your bid, just roughly?
Mr. Moran: $386,000.
Mr. Plummer: That isn't what Mr. Robbie said.
Mr. Moran: Thank you.
AT THIS POINT THIS ITEM WAS TEMPORARILY DEFERRED.
03
contract
now, we
be re -bid,
is no hope
that a
bid on
Bowl even
Mayor Ferre: We are talking about $380,000 roughly, so it is not a small
item. It's a fairly large item.
Mr. Moran: I agree with that, but as important as the Orange Bowl is
to our community....
Mayor Ferre: I'm not questioning that. I just need to know the magnitude
of the problem.
Mr. Moran: Well, regardless of what Mr. Robbie says, we know how important
it is.
Mayor Ferre: Mr. Moran, we'll have to wait, sir, until the Public Works
people come. When they show up, I'll take you up again as a pocket item.
3. PERSONAL APPEARANCE: FORMER MAYOR BILL WOLFARTH AND FAY HARRIS FROM
THE DADE COUNTY CLEAN ACTION COMMITTEE REGARDING A PROPOSED CITY OF
MIAMI ORDINANCE.
Mayor Ferre: We have with us a distinguished former colleague that shared
this Commission's deliberations in years past. I'm talking about Mayor
Bill Wolfarth who was a distinguished Mayor of the City of Miami. Mayor
Wolforth, we are always happy to have you here. Is there anything that
you would like to talk about?
Mr.Bi11 Wolfarth: Thank you, Your Honor, and Commissioners, I'm up
here this morning as a member of the Dade County Clean Action Committee.
I have with me our Director, Fay Harris, who is very knowledgeable. This
is regarding an ordinance that is coining up before you folks. I'd like
to have her say a few words to you. Fay, she's been there since the
formation of this board and has been very successful in cooperation.
Here she is.
APR 26 1984
si
Mayor Ferre: Any board that has Bill Wolforth and Frank Cobo can't be
all that bad.
Ms. Fay Harris: Good morning, I'm Fay Harris, Executive Director of
the Dade Clean County Committee. We have, through the years, worked with
a number of your department heads like Clarance Patterson and his staff
and zoning people, or whatever, to try to bring about a clean Dade County.
Of course, in order to do this, we must work with all municipalities, as
well as the County officials. I believe you have before you this morning
an amendment to the ordinances governing garbage, trash, and rubbish. We
feel that Mr. Patterson has been a little bit handicapped through the years
by, first of all not having an ordinance, which requires commercial establishments
to keep their properties clean.
Mayor Ferre: Ms. Harris, let me interrupt you so that we can get thins
straight and not confuse people. The ordinances are not legally and
properly before us. Let's go over the sequence so that we understand.
You and Mayor Wolforth came to see me yesterday. I got on the phone and
you told me, Mr. City Attorney, that Clarance Patterson had recommended
corrective legislation and that it had been at the City Attorney's office
for some time. The City Attorney was going to look into that and hopefully
bring it out of wherever it was and see if we could put it before us, so
that at least we could discuss it. I asked the Manager to have Mr. Patterson
here so that we could perhaps get his input on it. I might remind you that
when Plummer, Carollo, and I were sworn in November and we each made a
statement, included in my statement right at the beginning was a statement
that in 1981,the issue before the electorate, as I saw it, was crime. But
in 1983, in my election, the one thing that people throughout Miami kept
harping on and were concerned about was cleanliness, street cleanliness,
garbage, trash, and the problems that are attendant to all of that. So
I asked the Administration to look at the laws and regulations of Hialeah
and other municipalities to see how we could both from the positive sense,
in other words, from the work on our part, the carrot and stick method,
that we could also have some tough laws and sanctions that we could
impose upon continous violators of a clean street. It has been now five
months, Mr. Manager. I really think it is time to den] with this issue.
Five months is just too Jong to pass. We know that we are deficient in
our legislation and the laws of Miami as compared to other cities. So,
Mr. City Attorney, you were going to bring this up today.
Mr. Garcia- Pedrosa: Yes, sir, Mr. Mayor, upon inquiry, I determined that
the legislation had not in fact been sent to my office. But we did get
a copy of it yesterday. We consulted with Mr. Patterson and with the
Assistant City Manager, Walter Pierce, and agreed on a proposed solution
to recommend to you. That was prepared and is being passed out at this
time.
Mr. Dawkins: Mr. Patterson, where is whatever you passed out at this time?
Mayor Ferre: He's just passing it out now. It's the first time I've
seen it. Mr. Patterson, is this something that you've been working on?
Mr. Clarance Patterson: Yes, it is, Mr. Mayor.
Mayor Ferre: I'd like to, if it is all right with you, Mr. Manager, may
I ask Mr. Patterson through you, Mr. Patterson, I asked that this be done
in November. We are almost into May. Is there any reason why it takes
five months to do something like this.
Mr. Patterson: Mr. Mayor we had to do considerable research on this.
I looked at several ordinances locally and throughout the country. Of
course, this ordinance is modeled largely after the City of Miami Beach.
We found a local ordinance here that did more of what you, in the Commission,
were requesting, so we finally wound up using a large portion of the Miami
Beach ordinance on this. We went right away to other municipalities in
the country and tried to see if we could get the best system possible
to do the enforcement that you are talking about.
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Mayor Ferre: Is this more stringent than the one in Hialeah?
Mr. Patterson: Yes, sir. This has some of Hialeah entered also, but
Miami Beach is more stringent than Hialeah, yes.
Mayor Ferre: Well, I don't think we can rush into something as important
as this, but Mr. Manager, I would like for this to be scheduled for the
May 10th meeting.
Mr. Dawkins: Mr. Mayor, I have quite a problem with this. You asked
that this be done in November. Since November, I don't know about other
members of the Commission, but I have not been approached about this.
I don't know anything about it. Yet, it entails the whole City of Miami,
especially the parts where I live and where everybody else lives. It
also has to do...I've been constantly saying that if we are going to
revise our garbage collection, then we also should make those condominiums
where we pick up their garbage, make them pick up their trash. I'm a
little disturbed, Mr. Manager, that a department head would go ahead
with all of this without checking it. Has any other Commissioner up
here seen this?
Mayor Ferre: No, I have not seen it.
Mr. Dawkins: I'm a little disturbed, Mr. Gary, that all of this would
go forward and come to this point where we are supposed to consider it
and we know nothing about it.
Mayor Ferre: You may be disturbed, and I don't question that you are,
but this is not to be considered and it is not before you for a vote.
Mr. Dawkins: Yes, Mr. Mayor, but I should have it long enough to study
it.
Mayor Ferre: You will.
Mr. Dawkins: No, no you see, this is what I'm telling you. I'm angry
because you had it brought before you and you are satisfied. I'm not
satisfied with the way it is brought before us.
Mayor Ferre: I'm not satisfied with this. I think you have totally,
totally misunderstood. Let me see if I can get you straight.
Mr. Dawkins: Please do.
Mayor Ferre: Let me see if I can get you straight. The Mayor and this
lady came to see me yesterday on the issue of cleanliness in the City.
I called up the City Attorney because Ms. Harris indicated to me that
it was sitting at the City Attorney's office, because Mr. Patterson
had told her -isn't that right ? - that it had been sent to the City
Attorney's office over a month ago. I said, "Where is it ?" At that
point, I don't know what's in here. I have not seen it. All I can
tell you is that back in November I asked that this be done. The matter
of fact is that it hasn't been done. When they brought it up to my
attention, I wanted to pursue it.
Mr. Dawkins: Mr. Mayor, you and I are saying essentially the same thing.
I agree with you.
Mayor Ferre: I have not seen this document. I don't know what it says.
I don't know whether I'm in agreement. I'm not bringing it up for a vote
today. I am, out of courtesy to Mr. Wolforth and Ms. Harris, who came
to see me, get the document on top of the table so that at least there
is something that we can look at. We can't decide on it tomorrow, but
we will put it in a regular Commission meeting on May 10th for discussion,
period.
Mr. Dawkins: Thank yqu.
05 '
'APR 2 6 1984
Mayor Ferre: Is there anything else we need to say on this, Mx. Manager?
Mr. Gary: All I can say is that this is a very, very complex ordinance.
We have not had any enforcement in this City, probably for the last 30,
40, or 50 years. The research that we have done took some time, Mr.
Mayor. We have before you what we think will allow us to bring some
teeth into our....
Mayor Ferre; Have you read this, Howard?
Mr. Gary: Yes, sir.
Mayor Ferre: Are you recommending this?
Mr. Gary: Yes, sir.
Mayor Ferre: I think the thing we need to do now is -I'd be happy to
give you my copy of it.
Ms. Harris: I have a copy, thank you.
Mayor Ferre: We will bring it up, and obviously it is an ordinance.
It has the right for a public hearing. We'd like your input at the
proper time.
Ms. Harris: O.K., fine, thank you very much.
Mr. Plummer: Mr. Mayor, might I suggest for our disturbed Commissioner
that the disturbed sanitation head meet with him prior to the next
meeting, since he has some problems and as he says, affects his area,
to see if those problems can be worked out prior to the meeting or
resolved,
Mr. Dawkins: Take it to your lawyer and have your lawyer meet with the
City of Miami lawyer to find out what the problem is.
Mr. Wolforth: Thank you, Your Honor, I want to say this. Clarance
Patterson is a personal friend. I think he's doing a splendid job.
Mr. Plummer: Ooh, you lost me.
Mr. Wolfarth: I lost you? How come, J.L.
Mr. Plummer: You've never seen him.
Mr. Wolfarth: What?
Mr. Plummer: No, that's all right.
Mr. Wolfarth: Well, we belong in the same club together, don't we?
He's done a terrific job in our neighborhood. So I just wanted to let
you know that we're not criticizing him, we're complimenting him and all
his new equipment and its regularity in coming around our neighborhood
and picking up all the mattresses and everything else. Thank you and
thank you for your time, Mayor.
4. WAIVE REQUIREMENT FOR SEALED BIDS FOR COMPUTERS AND RELATED EQUIPMENT
BY BURROUGHS CORPORATION IN AN AMOUNT NOT TO EXCEED $6.7 MILLION BASED
ON CITY MANAGER'S WRITTEN FINDING OF VALID EMERGENCY.
Mr. Plummer: Mr. Mayor, you have before you an item on computers. It
is actually routine, but It takes the vote of the Commission and it will
take a four - fifth's vote. This is in compliance with the Booze Allen
Report to make the police computers compatible with the computers that
have just recently been installed. It is a resolution. It will not
be monies except from the bond issue and I move the resolution waiving
the requirements for the formal sealed bids by a four- fifth's affirmative
sl
Mr. Plummer (Con't): of the City Commission and amending section 1 of
resolution No. 83 -795, adopted September '73, which authorized the
furnishing of computers and related equipment by the Burroughs Corporation
in an approximate purchase amount by establishing the total purchase price
of said computers and related equipment in an amount not to exceed
$6.7 million based on the City Manager's written finding of a valid
emergency need for such waiver. I so move.
Mr. Dawkins: If J.L. is voting for computers, I second it.
Mayor Ferre: How much is this going to cost?
Mr. Plummer: Mr. Mayor, it actually costs nothing. It is in the total
overall project. It will be out of the bond issue.
Mayor Ferre: Mr. Manager, does this have a....
Mr. Plummer: It better have his recommendation. He asked me to bring
it up.
Mayor Ferre: I assume this has the Administration's recommendation?
Unidentified Speaker: Yes, Mr. Mayor.
Mayor Ferre: Further discussion?
Mr. Plummer: Yes, let me just tell you one thing, Mr. Mayor. In the
Booze Allen Report, this project was projected to take three years. It
will be finished on June 1st and it will be the first such system existing
in the world. This is not a Mickey Mouse system. This is one that will
work.
Mayor Ferre: Is there further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
NOES: None.
ABSENT: Commissioner Joe Carollo
RESOLUTION NO. 84 -465
A RESOLUTION WAIVING THE REQUIREMENT FOR FORMAL
SEALED BIDS, BY A 4 /5THS AFFIRMATIVE VOTE OF THE
CITY COMMISSION, AND AMENDING SECTION 1 OF RESO-
LUTION NO. 83 -795, ADOPTED SEPTEMBER 7, 1983,
WHICH AUTHORIZED THE FURNISHING OF COMPUTERS AND
RELATED EQUIPMENT BY THE BURROUGHS CORPORATION
IN AN APPROXIMATE PURCHASE AMOUNT BY ESTABLISHING
THE TOTAL PURCHASE PRICE OF SAID COMPUTERS AND
RELATED EQUIPMENT IN AN AMOUNT NOT TO EXCEED
$6.7 MILLION BASSED ON THE CITY MANAGER'S WRITTEN
FINDING OF A VALID EMERGENCY NEED FOR SUCH WAIVER.
(Here follows body of resolution, omitted herein and
on file jn the Office of the Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
ON ROLL CALL:
Mr. Perez: I vote yes,'but I would like to suggest that I think that
it is important that the Police Chief try to meet with each member of
this Commission when he has something like this, because that's the
first information that I have received today.
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APR 2 6 1984
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4
Mayor Ferre: And I would like to say that as Commissioner Dawkins previously
stated about the sanitation issue, I'd like to say the same thing about
this particular issue. If we are going to start questioning things that
come up like that, I want to tell you, it has to be even - handed. What is
sauce for the goose has to be sauce for the gander.
Mr. Dawkins: I suggest we don't bring them up, Mr. Mayor. I agree with
you in total.
Mr. Plummer: Excuse me, Mr. Mayor, so that It is understood, this matter
is for a targeted date of June lst, or I would not have brought it up,
except under regular situations.
Mayor Ferre: J.L., I don't question this. Government functions that way
whether it is in Washington or Tallahassee or Miami. I have no problems
and I just want to make sure that it is understood, Mr. Manager, that I
think Commissioner Perez's statement is an appropriate statement, as was
Commissioner Dawkins'. That is that things should not be brought up that
have any impact on the City without previous discussions unless they are
truly emergencies.
5. BRIEF DISCUSSION ITEM: TOURISTS FUNDS.
Mr. Plummer: Mr. Mayor, excuse me, do you want me to continue?
Mayor Ferre: Go ahead.
Mr. Plummer: Mr. Mayor, I want to bring to your attention and to the
rest of the Commission, my great concern as it relates to the new tourist
coalition. It vitally affects the City. I think, Mr. Mayor, we better
be aware that monies that we have received from the T.D.C. in the past
are in jeopardy. I am very concerned about the idea of a situation that
would take monies away from the City of Miami Convention Bureau. I
attended a meeting on behalf of the City, but it will take all Commission
action to get a firm coalition in which the City of Miami is not placed
in jeopardy. So I am bringing that to your attention. I hope that the
matter will be followed through on.
6. BRIEF DISCUSSION ITEM REGARDING SUPER BOWL PRESENTATION. (See later
same meeting)
Mr. Plummer: Mr. Mayor, I wish to discuss two other items. Is Mr. Odio
here?
Mayor Ferre: No, Mr. Odio is in Miami Beach.
Mr. Plummer: Both items relate to him. I want to have quite a discussion
Mr. Mayor, in reference to articles that I have read in the paper. One,
in reference to Super Bowl. The other one to Miss Useless Contest.
Mayor Ferre: Mr. Manager, we'll have to get him back.
Mr. Plummer: Well, Mr. Mayor, I don't have to discuss it immediately,
but I have some concern, and maybe we don't need Mr. Odio. My first
concern, let me address the Super Bowl. I an very concerned.of_an..ar.ttcie.
I read. I don't say that it's gospel, but I'm asking. It was my under-
standing, as well, I think, as the rest of this Commission's understanding
that the monies that we were expending to send to people to the Super
Bowl to make a presentation were taxpayers' money of the City of Miami.
As such, we were only eher.e vying for a facility in the City, i.e.,
the Orange Bowl. I was greatly disturbed yesterday when I read an
article that said that our committee, paid for by City money, is going
to make a proffer that says, "...whatever is the best available stadium
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'APR 2 61984
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Mayor Ferre: Yes.
Mr. Plummer (Con't): at the time." I have a problem with that. It
was not my understanding at the time we voted, it was strictly for the
City, on behalf of the City at the Orange Bowl. I want to know first
who took it upon themselves to make a change in that policy. Second,
we need to discuss what is the policy, because I was misunderstood or
I misunderstood what the intent was. Mr. Manager, I ask you to please
comment.
Mr. Gary: Commissioner Plummer, I was just as surprised as you to read
that in the newspaper in terms of the Orange Bowl or a facility that Mr.
Robbie would build, if built.
Mr. Plummer: It didn't specifically state that, the best available.
Mr. Gary: Exactly. I would have to contact Ms. Sue Cobb as well as
Mr. Odio to find out whether that is the official policy or whether that
is a mis- quote.
Mr. Plummer: Mr. Mayor, I don't know if I can get the votes necessary,
but I would like to make it very clear that the committee that we have
formed and we are paying for are making the presentation, as in the past,
for the Orange Bowl.
Mayor Ferre: Out of courtesy to Commissioner Carollo, because I think
you may not have the three votes on that....
Mr. Plummer: Do you want to wait? All right, sir, fine.
Mayor Ferre: I think we need to wait, because that's a heavy duty issue.
We need to talk about that and the whole approach to the unification move
on tourism. I think we need a full Commission for both of those.
Mr. Plummer: All right, sir, and then are we going to wait until later
to talk about the Miss Universe?
Mayor. Ferro: 1 think so, yes, sir, until we have a full Commission.
Mr. Plummer: Let me ask one question. Is the Latin Quarter proposed
to be discussed today?
Mr. Plummer: Then my neighbors are questioning as well as I as to why
we received in the mail a follow up letter showing withdrawn, or deferred,
I'm sorry. We received two pieces of correspondence first and then we
received a third.
7. COMMENDING OFFICER MADISON FREEMAN AS OUTSTANDING OFFICER OF THE MONTH.
Mayor Ferre presented a commendation to Officer Madison Freeman for outstanding
officer of the month for administering first aid to a victim of a drunk driver
and therefore saving the victim's life.
NOTE FOR THE RECORD: Commissioner Joe Carollo arrived at 9:45 A.M.
8. PRESENTATION TO A GUEST OF U.S. INFORMATION SERVICE.
Commendation presented to Levy Charles, Television Director General in
Brazzaville, Congo welcoming Mr. Charles to the City of Miami.
.09
'APR 2 6 1984
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but....
9. EXPRESS POLICY OF CITY COMMISSION REGARDING PRESENTATION BEFORE THE
N.F.L. OWNERS MEETING IN WASHINGTON, INSTRUCTING THE COMMITTEE TO
ATTRACT SAID SUPER BOWL TO ORANGE BOWL STADIUM EXCLUSIVELY.
Mr. Plummer: Mr. Carollo is now here. How do I do this without repeating
myself fully? Mr. Carollo, the Mayor asked me to wait. I had brought up
an item in reference to Super. Bowl. My concern is the reading of an article
yesterday in which I find that it was contrary to my beliefs that when we
passed upwards or towards $10,000 for a committee to be formed and make a
presentation for Super Bowl, it was my understanding that it was for the
Orange Bowl; it was taxpayers of the City of Miami monies, which was being
used to make that presentation. I was very upset to learn in the paper
yesterday that this committee, or someone on this committee has made a
proffer that says that they would take the best available stadium. Now,
my concern is that if the City of Miami taxpayers are paying for this
committee to go there, that it would be to bring it back to the City of
Miami, i.e., the Orange Bowl. I was at the point of offering a motion to
make it clear that this Commission spending its money would bring the money
back to the City and not the best available facility, i.e., it did not even
say Dade County. So, I wanted to offer a motion making it very clear that
this committee's instructions would be that we demand that they exert all
of their efforts towards the successful Super Bowl in the Orange Bowl.
The Mayor thought I would have problems getting second or getting a vote,
Mayor Ferre: No, no, I didn't think you'd have a problem getting a second
at all. I think we need to have a full explanation of what occured. I
thought it was important for Commissioner Carollo to also be here. Let
me give you a little bit of the background on that,
Mr. Dawkins: I second it.
Mr. Plummer: Mr. Mayor, let me only interrupt to this point.
Mayor Ferre: There is a motion and a second. What was the motion again,
please?
Mr. Plummer: The motion is that the instructions be given to the committee
that the policy of this Commission is that their presentation only speaks
to the Orange Bowl. Mr. Carollo, I just wanted to bring out one other
thing to you. I asked the Manager to comment and his comment was that
he was just as surprised to read that article as I was.
Mayor Ferre: Let me give you a little bit of background.
Mr. Carollo: I'm glad that the Manager is finally surprised about something.
Mayor Ferre: Let me give you some of the background so you'll have as
much as I know of this process. There have been two meetings of the
Super Bowl Committee. The first one was up in the Manager's office. I
was briefly present for that meeting. The issue, of course, came up as
to what Joe Robbie's position was going to be. Mr. Arthur Hertz of Wometco
and others indicated that they had appointments to meet with Mr. Robbie.
I expressed my opinion, and I still feel it that without Mr. Robbie's
cooperation, it is in my opinion a total waste of time and money and
effort to even try to get the Super Bowl. I might remind you that in
the year 1979, Mr. Robbie went into a tirade publicly saying that the
City of Miami's Orange Bowl was a terrible place to play football. It
was dirty. It was not kept well. He said that the hotels had ripped
off the visitors in Miami; that Miami was not worthy of having the Super
Bowl, and went into some very strong language, which of course, killed
any opportunity that We, had of getting an Orange Bowl. That position
was maintained in t.0 and in '81. In '82 Mr. Robbie took a more conciliatory
position because al'that time, as I recall -and I'm doing this purely out
of memory he thought there was a possibility of getting a new stadium,
so based on that, he became supportive. Unfortunately, it was not possible
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APR 2 6 1984
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1 1
Mayor Ferre (Con't): for us to get any commitments from any of the
owners of the Super Bowl. As you know, Mr. Robbie has now joined on
the Management Committee of the N.F.L. So, if anything, Mr. Robbie's
position has been strengthened, rather than weakened. Now, I personally
think that it is just a total waste of our time to go to Washington to
make a presentation, unless we have Joe Robbie in agreement, and if he's
not in agreement, I just think we shouldn't send anybody, we shouldn't
even make a presentation. That's one man's opinion. Let me tell you
that when that was discussed at the initial meeting, without one exception
there was absolutely no dissent, and everybody at that meeting agreed that
it was important to have Joe Robbie's at least quiet acquiescence, if
nothing else. Some of the things that were done is that there was an
expansion. Coach Schnellenberger was put on the committee. Bob Griese
was put on the Committee. Mr...the gentleman from Minneapolis - what's
his name ? - Pass, who evidently turned down the appointment. The second
meeting was held at Sue Cobb's office,I think it was on Monday. I was
not there. I did not go, because I think it is important, since there
have been some hard feelings between the City of Miami and Robbie, and
particularly myself and Robbie, that if our interest is to bring a Super
Bowl here, and we have to put personalities aside, because the great
tragedy of Miami is that we always do things based on who rather than
what. It is time to look at things based on what first and who second.
As I understand it, after Mr. Hertz's meeting and others, Mr. Robbie
said that the only way he would approve and he would be a part of the
team is if it would be clearly spelled out that it would be at a new
stadium. Well, the City of Miami just simply cannot do that and so my
personal position on this is simply, Mr. Plummer, that the statement
should be that we appeal to the owners of the N.F.L. to have a Super
Bowl in Miami in the year '87 or '88 in a new stadium, if there is one,
but that if there is none, that it be in the Orange Bowl. I don't think,
and that, in my opinion, is the middle ground, as to the question as to
who pays for whose's trips,' think that you have a valid point that this
being the case, that committee should find the funding for paying for the
private sector and that the only people that we pay for be the City of
Miami officials that would go to the presentation. I realizing my poor
standing with Joe Robbie, do not feel that I'm the one to go and I do
not intend to be present for that reason. The Governor of the State of
Florida may go and I have asked Steve Clark to go. I think of all of us
in this Commission frankly the one who has the best relations with
Mr. Robbie is Joe Carollo. It is my opinion that he should be present.
I think that it is important that we have, whether we like Joe Robbie
or do not like Joe Robbie is incidental, the point is that without Joe
Robbie's help, we are not going to get a Super Bowl in Miami. That's
is just as simple as day follows night.
Mr. Plummer: Mr. Mayor, let me make the record clear. My parochialism,
as far as my City and my Orange Bowl, I will not take a back seat for
anyone. I think, as you have stated, and I concur fully, that it is not
just the City who benefits from an Orange Bowl, but South Florida. It
has been estimated that a Super Bowl to this area is worth $100,000,000.
But here again, I think our committee, for which we are financing, should
be there to make their presentation for the people who are paying their
way. That is the City people and it is the City's Orange Bowl. I have
no problem whatsoever with the tourism or the T.D.C. paying for a committee
to go there and making that kind of presentation, because they do represent
the entire County, as well as ourselves. But I think our committee needs
to be, whether it is coordinated with another one, needs to be, bring
home the bacon, and the bacon is the Super Bowl to the Orange Bowl.
That's the only reason that I am concerned.
Mayor Ferre: J.L., I am ready to vote on this, but I think if you
modify the motion so as to say that the City would only pay for the
City Officials going and that if they are going to make a presentation
that has anything other than the Orange Bowl, that the private sector
has to pay for their own trip, I could vote with that.
APR 26 1984
s l
Mr. Plummer: Mr. Mayor, if you want a motion that says that the people
that the City pay to send their make their presentation in behalf of the
City, that's fine, that's my motion.
Mayor Ferre: I have no problem with that, because that does not preclude
the presentation from the City's part for the Orange Bowl, because that's
the only thing that we have to present. There are obviously no other
stadiums. It happens to be my opinion, and again I may be wrong, that
Mr. Robbie is not going to build a football stadium. I don't think there
is a snowball's chance in hell that he will bring a $100,000,000 brand new
stadium out of private funds. That is not going to happen. Therefore,
if we do get a commitment for a Super Bowl in Miami in '87 or '88, I think
the chances are 100 to 1 that it's going to be at the Orange Bowl. I
think for us to cut our noses to spite our faces is not good, long term
judgement, because if Mr. Robbie...lightning strikes and something happens
that he's able to get $100,000,000 and puts a stadium up, and it's up by
'87 or '88, are we going to say that we don't want the Super Bowl here
because it's not going to be at the Orange Bowl? You ask the owners of
the Columbus, the Dupont Plaza, the Hyatt, the Four Ambassadors, and
the Grand Bay and every other hotel in the Miami area, and you ask the
hotel worker's union and the bartenders' union if they would rather,
if we can't have it in the Orange Bowl, we don't want the Super Bowl.
I think you wouldn't get a vote for that anywhere in this community. In
other words, we want the Super Bowl here, and I think it should come
wherever it comes.
Mr. Carollo: I think the point that both of you are making are really
going in the same direction. I think that J.L. has made a very good
point that we should be looking out for the City's monies. But at the
same time the governmental entities who are going to profit the most out
of any out of that hundred, it's actually going to be over a hundred
million dollars that will come to this community if the Super Bowl were
to come hero, is going to be the City of Miami. Sure, we all would like
it to be held in the Orange Bowl.. But whether it is held at the Orange
Bowl or anywhere else in Dade County, the City of Miami is going to be
the main entity that is going to benefit from it. So, I don't want to
limit ourselves, that's what I said that I will be speaking to Mr, Robbie
this week. I think that if we don't have some input from him, it makes
no sense whatsoever in even going up there.
Mayor Ferre: Repeat your motion again, J.L., so we can all understand it.
Mr. Plummer: Mr. Mayor, my motion would be that any monies expended by
the City of Miami to send a committee for presentation, that committee
would in fact, be instructed to make their presentation based on the
City of Miami's Orange Bowl. Mr. Mayor, that does not preclude that
Metropolitan Dade County and others who want to put up monies to put
more people in the Committee, I have no problem with that.
Mayor Ferre: Let me understand this.Is Sue Cobbs, who is now the chairperson,
goes out there and the Governor and others, and they make a presentation,
and during the presentation when the issue of the stadium comes up, they
say, "at the best possible stadium" you are saying that the representatives
of the City of Miami cannot be a part of that?
Mr. Plummer: No, sir, that is not what I'm saying.
Mayor Ferre: I didn't understand.
Mr. Plummer: I'm saying that our representatives, whoever they be, that
are traveling there at City taxpayers' dollars, will be instructed for
the purposes of bringing it to the Orange Bowl. Other members, the
Governor, I am sure, is going to pay his own and the Governor is not
going to be parochial. He's going to be bring it to Florida. Steve
Clark is going to be, bring it to Dade County. I have no problem with
that. What I'm saying is,that we are paying for our people,that we are
selfish. That we want it in our Orange Bowl.
Mayor Ferre: O.K.
Mr. Carollo: Mr. Mayor, I'm not going to go up there with just that
one option. Because if I go up there and I see that it is to our
12
'APR 26 1984
Mr. Carollo (Con't): benefit to also have another option, and the
Governor and the Mayor of Dade County and scores of other people that
are coming from Miami or Florida are opening up their minds to other
possibilities, I'm not going to be the only one left hanging on a limb
and embarrass the City of Miami.
Mayor Ferre: I have to agree with that. I have to tell you that I
just do not think that we can go up with that kind of a restraint. I
think obviously, we are going up to try to get it to the Orange Bowl.
But I think the important thing is to get the Super Bowl to this
community. If it takes going wherever it goes, I don't frankly care.
I'd rather have it in the Orange Bowl, but if it can't be in the Orange
Bowl, I'd rather have it in Dade County than not to have it at all.
Mr. Plummer: Call the question.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
NOES: Commissioner Joe Carollo
Mayor Maurice A. Ferre
ABSENT: None.
MOTION 84 -466
A MOTION EXPRESSING THE POLICY OF THE CITY
COMMISSION REGARDING A PRESENTATION TO BE MADE
AT THE N.F.L. OWNERS MEETING, IN WASHINGTON, D.C.,
FOR THE PURPOSE OF ATTRACTING A FUTURE SUPER
BOWL TO THE CITY OF MIAMI; FURTHER INSTRUCTING
THE CITY OF MIAMI SUPER BOWL COMMITTEE TO MAKE
EVERY EFFORT TO ATTRACT SAID SUPER BOWL TO THE
ORANGE BOWL STADIUM EXCLUSIVELY.
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.
Vice Mayor Demetr.io Perez, Jr.
ON ROLL CALL:
Mr. Perez: I vote yes. I don't find any controversy in both points.
I think that anyhow, both points are trying to promote in the area.
For that reason, I vote yes.
Mr. Plummer: Mr. Mayor, the other item you asked me to wait on for
discussion until the arrival of Commissioner Carollo....
Mr. Carollo: Excuse me, Mr. Mayor, if I would, J.L., I'd like to make
a motion Zhat the representative that will be representing the City of
Miami Commissioner would be Commissioner Plummer. I'm not going up there
with those restraints on myself, Mr. Mayor. It makes no sense. With
those restraints, I don't see us getting one inch of cooperation with
Mr. Robbie. We are not leaving any room for compromise anywhere. We'd
be wasting our money.
Mayor Ferre: I think really the motion in the past is that we have
no representation at all. I don't think....
Mr. Carollo: Well, that's the way that I really understood it.
Mayor Ferre: Go ahead, what's your motion? The motion is that you
represent the City of Miami at the Super Bowl. Is there a second?
13
APR 2 6 1984
s l
1
W. Plummer: Mr. Mayor, it's a useless motion. I will not go.
Mayor Ferre: I don't think it makes any sense in having a motion.
Mr. Carollo: Mr. Mayor, the motion that was just passed really said
that we were not going to have any representation up there, because by
sending a group of people that are going to be limited to only speak on
the Orange Bowl and not look at any other possibilities in the future,
we're wasting our time and efforts.
Mr. Plummer: To my colleague, Joe, it was never my intention that other
people of the committee, namely Steve Clark, Jessie Weiss, who represents
the Beach, nor the Governor...they could speak to South Florida. I think
that is appropriate. But I don't think we should be paying for them to
go up and speak on behalf of the total County, when we are vitally concerned
with our Orange Bowl.
Mayor Ferre: I need to tell you that I hereby resign as the Chairperson
of the Super Bowl Committee. There is no official Chairperson from the
City of Miami. It is now up to you to decide who you want as the Chairperson,
because I'm not going to go ur `o Washington and be embarrassed by what I
think is an obvious...that is a kamikaze. I think what we are doing here
is forming a kamikaze mission. I would move that Commissioner Demetrio
Perez be the person to represent the City, since he voted with the majority,
at the Super Bowl meeting in Washington coming forward.
Mr. Carollo: I second the motion.
Mr. Perez: I transfer the motion to Commissioner Plummer. I think that
is very clear, I think that is the area where he was very familiar.
Mayor Ferre: He has refused.
Mr. Plummer: But, Demetrio, you are the one being punished, not me.
Mayor Ferre: You arc going to have fun at the N.F.I. meeting in
Washington. I move that the Vice Mayor be named Chairperson of the
committee and be the representative of the City of Miami at the N.F.L.
owners meeting forthcoming in Washington.
Mr. Carollo: I second the motion, Mr. Mayor.
Mr. Plummer: There is the motion made and duly seconded. Any discussion?
Hearing none, call the roll.
The following motion was introduced by Mayor Ferre, who moved
its adoption.
NOES: None.
14
MOTION 84 -467
A MOTION APPOINTING VICE MAYOR DEMETRIO PEREZ AS
THE CITY OF MIAMI COMMISSION REPRESENTATIVE ON THE
SUPER BOWL COMMITTEE AT A MEETING TO BE HELD BY
THE N.F.L. OWNERS ASSOCIATION MEETING, IN WASHINGTON,
D.C., IN CONNECTION WITH THE ATTEMPT BY THE CITY OF
MIAMI TO BRING A FUTURE SUPER BOWL EVENT TO THE
ORANGE BOWL STADIUM.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: * Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
ABSENT: Commissioner Miller J. Dawkins
APR 2 6 1984
sl
ON ROLL CALL:
Mr. Carollo: In voting yes with the motion, I would like to include in
the motion that we send the Vice Mayor with a handkerchief so when he
starts blushing from embarrassment, he can hide his face in it.
Mr. Plummer: The typical Dolphin mania with white handkerchiefs is when
they are doing well or bad. I vote yes.
NOTE FOR THE RECORD: Mayor Maurice A. Ferre announced his resignation
as Chairman of the Super Bowl Committee. Vice Mayor Demetrio Perez was
appointed representative of the City of Miami at the Super Bowl Committee.
10. AMEND PREVIOUS NOTICE ON THE CONTINUATION OF ALL CABLE T.V. MATTERS
PREVIOUSLY ANNOUNCED, TO NOW TAKE PLACE AT A TIME CERTAIN ON MAY 10th.
Senator Ken Meyers: Mayor and members of the Commission, can I just ask
you to amend, the law requires that you set an ordinance continous to
a time certain.
Mayor Ferre: May 5th.
Mr. Plummer: May 10th, Mr. Mayor.
Senator Meyers: At a certain time, so at 9:15, 9:16 A.M.
Mayor Ferre: Mr. Manager, what time would you like to have this?
Senator. Meyers: It should be early in the morning.
Mr. Gary: It could be the first item on the agenda.
Mayor Ferre: The first item on the agenda is 10:00 A.M.
11. DISCUSSION AND TEMPORARY DEFERRAL: MISS UNIVERSE PAGEANT.
Mr. Plummer: Mr. Mayor, I am very much concerned about, as I was before,
about City monies being involved with this production of Miss Universe.
I have to tell you from the beginning, I think it has some very, very
positive aspects. I think it would be very good for this community.
But I think just reverse of the vote that I proffered before, is the
fact that this would be good for total Dade County. As such, 50% of
the bed tax, which is presently collected, goes to the T.D.A. I think
it is only appropriate that if in fact it is to be brought here, that
the total funding, whatever that negotiation is should come from the
T.D.A., in the same way, as you know I sit as a member representing the
City there, that the Super Stars, which the T.D.A. pays some $440,000
for, was funded by the T.D.A. If, in fact, that is to be brought here,
I feel that it should be totally funded by the T.D.A. If others want
to contribute, the State of Florida, who feel that it would be good for
the State, I agree. But I don't think it is fair to saddle this City
with a third of the cost, when over a third of the monies raised for
T.D.A. come from this City.
15 '
"APR 26 1984
s l
Mr. Plummer: No, sir, I was not aware.
Mayor Ferre: We have a motion on the floor.
16
Mayor Ferre: Mr. Plummer, I think in the fifteen years that I have been
here and the eleven years that you and I have served, there has always
been a sense of courtesy between members of this Commission on issues
that other Commissioners are working on. You know that I have dedicated
a great deal of time and effort. Especially in the last 24 hours, in
trying to, I would hope that you would not make a pre-emptive at this
time and would extend to me the courtesy that usually is extended to
members of this Commission on issues that others are working on.
Mr. Plummer: Mr. Mayor, I would be more than willing to do that, as you
know. The only thing that I have concern.
Mayor Ferre: You know that is a pocket item that I'm going to be bringing
up in a little while.
Mayor Ferre: Yes you were, because I mentioned it to you. You know that
I have been working on this and you know that I'm going to be bringing up
a motion and you read it in the newspaper yesterday and you read it in
the newspaper today that I'm about to bring up this issue.
Mr. Plummer: Mr. Mayor, I will withdraw any comments until you bring it
up, sir.
12. DIRECT CITY MANAGER TO ALLOCATE AN AMOUNT EQUAL TO DAILY RENTAL OF
MIAMI MARINE STADIUM JUNE 2ND THROUGH 10TH FOR "U.S. COAST GUARD EVENT."
Mr. Perez: I only have two pocket items, Mr. Mayor. One is a request from
the United States Coast Guard, Division 6, in order...they want to have
a celebration on the week of June 2nd through the 10th in order to use
the facilities of the Marine Stadium to have an operational contest among
their different units. They want to use the Marine Stadium for a kick off
date on June 2, 1984 without any charge. That is what I want to move.
Mr. Plummer: Excuse me, Mr. Mayor, I only raise a question. Does that
in any way conflict with the unlimited regatta on practice? We will be
setting up, as you know, that's for that week -end, whether or not we will
be in any kind of a conflict, Demetrio... Will they be using the water
at all?
Mr. Perez: I think that they have to use the water, because....we cannot
broach the subject on that special instructions...
Mr. Plummer: Because we have to be setting up buoys for that thing some
ten days in advance of the event, because we start there on Thursday with
practice.
Mayor Ferre: J.L., this is June 2nd to the 10th.
Mr. Plummer: Well, the unlimited regatta, Mr. Mayor, is 8th, 9th, and 10th,
but they will be setting up the buoys much in advance of that because of
practice which will be going on. I am bringing that up for a possible
problem that will have to be addressed.
Mayor Ferre: I think you should make that part of the motion, Demetrio,
because obviously, we want to cooperate with the Coast Guard, as long
as it doesn't do harm to the project we have.
*APR 2 6 1984
sl
Mr. Perez: Can we approve pending proper negotiations with the City?
Mr. Plummer: Sure.
Mayor Ferre: Is that all right with you, J.L.? There is a motion on
the floor. Is there a second? Further discussion? Call the roll.
The following motion was introduced by Commissioner Perez, who moved
its adoption.
MOTION 84 -468
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO ALLOCATE AN AMOUNT EQUAL TO THE DAILY RENTAL OF
THE MIAMI MARINE STADIUM FOR A PERIOD BEGINNING
JUNE 2ND THROUGH JUNE 10TH, 1984, FOR AV EVENT TO
BE STAGED BY THE U.S. COAST GUARD STIPULATING THAT
THEIR USE OF THIS FACILITY WILL NOT CONFLICT WITH
ANY ARRANGEMENTS OR INSTALLATIONS OF BUOYS IN
CONNECTION WITH THE FORTHCOMING UNLIMITTED REGATTA.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
17
MOTION 84 -469
13. OFFICIALLY COMMENDING CITY'S SECRETARIES IN OBSERVANCE OF NATIONAL
SECRETARIES' WEEK.
Mr. Perez: The other motion, Mr. Mayor, is to make a resolution congratulating
and recognizing the effort of all the secretaries of the City of Miami in
the commemoration of National Secretaries' Week.
Mayor Ferre: That's one you are not going to have any arguments with.
Is there a second?
Mr. Perez: I think that is not controversial.
Mr. Carollo: What's the motion again?
Mayor Ferre: Secretaries' Week congratulations. Further discussion on
the motion? Call the roll.
The following motion was introduced by Commissioner Perez, who moved
its adoption.
A MOTION OFFICIALLY COMMENDING AND CONGRATULATING ALL
OF THE SECRETARIES OF THE CITY OF MIAMI, THANKING THEM
FOR THEIR FAITHFUL PERFORMANCE, IN OFFICIAL RECOGNITION
OF NATIONAL SECRETARIES WEEK.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
'APR 2 6 1984
sl
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Vice Mayor Demetrio Perez; Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
14. INSTRUCT CITY MANAGER TO REQUEST CHIEF OF POLICE TO PREPARE RECOMMENDATION
FOR DOUBLING OF NARCOTICS ENFORCEMENT SECTION, ETC.
Mr. Carollo: Mr. Mayor, I'd like to bring up a pocket item, it is a motion
of intent. Is the Chief still here?
Mr. Gary: Yes, he's here.
Mr. Carollo: Mr. Mayor, Senator Paula Hawkins is presently introducing
legislation at the Federal level where she is going to be asking the
Senate to approve legislation that would give mandatory life sentence
to major traffickers in narcotics. What has been happening in the past,
a good example is here in Miami that while the Federal 'government has been
doing an exemplary job here in South Florida, Senator Hawkins has led the
fight for additi_onaI. Federal help to South Florida, the Federal government
has been concentrating basically on the major traffickers and the middle
people, the ;:triall two -bit hoods that are pushing at the bottom, there is
not law enforcement for us being directed and catching those people and
following ap with punishment. Unfortunately, when you go after major
drug pusl: it's quite different than when you go after the middle
people and they people in the bottom. Some of these investigations might
take years and then to finally get a conviction in court will take additional
years. What I'd like for this Commission to do is to approve a motion of
intent and then have the Chief come back at the next Commission meeting
with recommendations that we could fully implement and a plan whereas
the City of Miami will double its narcotics enforcement section, whether
it's the S.I.U. section that you have involved, Chief, or whatever other
areas of the department you have involved, that we would double that
section, make a major effort to go after the middle people that are pushing
narcotics and the people at the bottom, double our efforts and implement
a program where every single elementary school, and particularly junior
high and senior high school, will be visited quarterly, if not more often
by a team of our officers that will explain to those kids and young adults
just what effects cocaine, marijuana, other drugs might have on their lives
and just how messed up they can end up if that is the path for some of them,
want will follow. At the same time, Chief, I want to have the department
consider establishing a reward fund for individuals -and this might sound
a little shocking to some, but narcotics is the main thing that is destroying
this community and that is raising sky high our cost for law enforcement.
I want to establish a reward fund where individuals that would come to our
Police Department with concrete information that would lead to the arrest
and conviction of drug pushers will be given a reward. What I'm trying to
accomplish by that is that some of the scum that deal in that are only
doing it for the almighty dollar, will start squealing on each other.
This is the only that we might get access to information in being able to
arrest these people and put a stop to them, that otherwise we never would.
It used to be when I was in school that the big thing was beer. Then,
through our liberal laws, marijuana wasn't so bad and it was O.K. Now,
there is cocaine. Where the heck is it going to stop? I think that
we, in government, have a heck of a responsibility to put a stop to the
one thing that is harming and helping to destroy this community at its
roots. Mr. Mayor, this is a motion of intent.
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*APR 26 1984
s l
Mayor Ferre: Which will then be formalized.
Mr. Carollo: It will be formalized by the Chief. I would like to meet
with the Chief and invite any of the members of the Commission to give
him some input, and have the Chief come back at the next Commission
meeting and officially formulate a policy that this Commission, this
Police Department will follow and fully enforce.
Mayor Ferre: Is there a second?
Mr. Plummer: Second.
ABSENT: None.
MOTION 84 -470
NOES: None.
Mayor Ferre: Is there further discussion on the motion? I might say
Commissioner Carollo, that I think that you hit upon the single most
important issue that affects crime, our families, and our children. It
is something that affects Black and White, English and Spanish speaking,
old and young alike. It is something that is pervasive throughout the
country and that has greatly affected and damaged our City. I really
think it is the area where we really need to concentrate the maximum
effort. Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
A MOTION INSTRUCTING THE CITY MANAGER TO REQUEST THE
CHIEF OF POLICE TO PREPARE A RECOMMENDATION FOR A PLAN
WHEREBY THE CITY OF MIAMI WILL DOUBLE ITS NARCOTICS
ENFORCEMENT SECTION AND IIAKE A MAJOR EFFORT AT APPREHENDING
AND ARRESTING THE "MIDDLE" PEOPLE AND THE PEOPLE AT THE
BOTTOM WHO ARE CONCERNED WITH THE ILLEGAL SALE OF
NARCOTICS; SUCH PROGRAM TO INCLUDE PROVISIONS FOR
VISITATION TO ALL JUNIOR AND SENIOR HIGH SCHOOLS BY
MEMBERS OF THE MIAMI POLICE DEPAR'fl ENT ON A QUARTERLY
BASIS OR OFTENER TO EXPLAIN TO STUDENTS THE EFFECTS
OF COCAINE AND OTHER DRUGS ON TIIEIR LIFE IF THEY
FOLLOW THE PATH OF DRUG USE; ESTABLISHING A PROPOSED
SYSTEM OF REWARDS FOR INFORMERS WHOSE INFOR;ATION RESULTS
IN THE SUCCESSFUL PROSECUTION OF DRUG PUSHERS; FURTHER
REQUESTING OF THE POLICE CHIEF TO SUBMIT HIS RECOMMENDATIONS
TO THE CITY COMMISSION BY THE NEXT CITY COMMISSION MEETING
IN ORDER THAT AN ENFORCEMENT POLICY MAY BE DEVISED AND
IMPLEMENTED.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
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'APR 2 6 1984
F- X f.d4P4 n.4
sl
15. LONG DISCUSSION AND PROPOSED MOTION REGARDING MISS UNIVERSE PAGEANT.
(Temporarily deferred, see later, same meeting)
Mayor Ferre: The first pocket item I want to take up is the Miss Universe
issue. Let me explain the background of all this. As you all may recall,
we have dealt with Miss Universe before. There was a time in the beginning,
when Miss Universe used to come Miami Beach. Every time that Miss Universe
came here, Mr. Hank Myer and others that were associated with Miss Universe
would come to the City Commission. I don't know, J.L., whether you were
a member in those days or not. When I was a member of the Commission, we
would every year contribute $25,000 to bring Miss Universe to Miami. Miami
Beach would put up $25,000. Metro would put up $25,000 and Miami Beach
would give them the use of the hall for free and get them hotel rooms.
Miss Universe has grown in size. It has expanded. It has gone to Miss
U.S.A., Miss Teenage U.S.A. Miss Teenage U.S.A. is held in Lakeland,
Florida. The State of Florida last year put $125,000 of your money and
my State money for Miss Teenage U.S.A. We tried to do the same thing
to get the Miss U.S.A. for a three year period and a motion was passed
by this City of Miami Commission on September 7, 1983 in which a motion
of intent stated the following:
"That the City of Miami would contribute a cash contribution
of $125,000, plus an additional amount of $63,000 to be used for
the payment of the rental of the City of Miami Convention
Center, police services, parking, and for each of the three
years."
In other words that we were going to put up basically $138,000 per year
for three years. That they would be based on the following. That a cash
contribution from Metropolitan Dade County for $125,000, plus an in — kind
contribution of $25,000 for each of the three years, and that the State
contribute $200,000 for three years and that there be a cash contribution
from Miami Beach or dny other governmental or private entity for $125,000
per year. It further provides that the Manager shall have an active part
in coordinating all aspects and provided that the City shall. have the
final say in every aspect of project.The motion was made by Commissioner
Carollo, seconded by Commissioner Perez and voted upon; the vote was three
to two. You were right, Commissioner Plummer. You did not vote with the
motion at that time. The matter continuing negotiations, and it broke
down because, as I recall, there was a question that we had to guarantee
$500,000 per year for three years. The President of Miss Universe Inc.
insisted that the City of Miami officially guarantee that half a million
dollars, and we would not, because all we would guarantee was our $125,000
plus $63,000, and as I recall, we ended up guaranteeing $300,000 per year.
That was not sufficient and Miss U.S.A. made other arrangements, as I
recall. Was it Knoxville, Tennessee? They went to Tennessee, or wherever.
Someplace in Tennessee.
Now, the situation that is currently before us ocurred like this.
A week ago, Mr. Glasser from Miss Universe called me again. He said,
"Look, I want to level with you; I want to tell you exactly where we
are. This Miss Universe contest for this year, July 9, 1984 is to be
held in Calgary, Canada. But I don't think we are going to be able to
conclude a deal there. If Miami and Dade County is interested, I think
we can work something out." I said to him, Mr. Glasser, I want you to
understand there is no way that this City is going to come up with
$1,000,000, which is...the last time we went through this, it was a
$1,200,000. We had gotten it down to just under a million dollars,
everything included. 1 said there is no way at best, at best, 1 think
we might be able to come up with 50c on the dollar. He said, "Try to
put it together and we'll talk again."
When I was up for the Cabinet meeting Thursday last, a week ago
today, I visited with Dr. Charles Reid of the Governor's office, since
the Governor was not available. Dr. Reid told me, "Look, the State has
a crunch on its budget. I cannot...we don't have the money in the current
budget, but in the one that is being discussed, if you get the legislative
body and especially the Dade Delegation to go along with you, the Governor
would certainly not object. "' We understand that these things are important.
Miss Teenage U.S.A. is in Lakeland and the State is putting in $125,000.
20
`APR 26 1984
si
Mayor Ferre (Con't): The long and short of it is that there is no way
that we could get those State funds in the short period of time. Mr.
Glasser, when I talked to him about that, said, "I cannot wait. I need
an immediate answer." I said, "Mr. Glasser, State Government doesn't work
that way. It would take us a minimum of three weeks to get it through the
legislature and the current budget procedure." Now he said, "Absent that,
I have to tell you it can't be 50e on the dollar. It has to be 30c on the
dollar." Be said, "What do you mean ?" I said, "I don't thi_nk...I'll tell
you what I'll be willing to sponsor. That the City of Miami put up
$100,000; that Metropolitan Dade County put up $100,000; and that Miami
Beach put up $100,000; or their agencies, whether it is the V.C.A. or
whatever it is, the V.C.A. of Miami Beach. That's it, that includes
everything. In other words, we put up $300,000 and you do everything else."
Obviously, we'll put up the hall, which is a benefit to us, and that is
an additional sixty some odd thousand dollars. But besides, all we put is
$100,000 cash contribution and the hall. If we want to give it to Miami
Beach, I would have no objection to this going to Miami Beach and let them
put up the hall. I have no problems with that, just like I would hope they
wouldn't have any problems with us having it here. The hotel industry said
they would guarantee us the rooms. We would get the meals. We have to
house about 50 hotel rooms for about three weeks. We need automobiles.
We need free meals for all of these people. We need a host committee.
W. Leslie Pantin, Jr. has been working diligently. I think this has all
been worked out. I think this is an opportunity that I do not feel we can
pass by, in my personal opinion. Now, let me explain to you what it means
to this community. I read carefully the Herald's editorial this morning,
and I understand. But I want to say this. I know that this would not
bring immediate thousands of tourists to this community. The point is
that there will be 2.00,000,000 people around the world looking at that
program, 60,000,000 of which are in the United States of America that
are going to see what's happened in downtown Miami. They are going to
see Vizcaya. They are going to see our. beaches. They are going to see
our zoo and our. Rnpidtransit system functioning. They are going to see
Little Iiavana. We are going to put viers of what happened in Ca].le Ocho
and other ce] ebrations . They are going to see a community alive and
vigorous. I would like to ask this question from just the City of Miami's
prespective and from this community's prespective. %•,'here else can you get
from $300,000, plus our $63,000, for $400,000 a 45 minute prime time show
where 60,000,000 Americans will be looking at this community of which four
minutes is unedited time for us to put anything we want to put up for the
world to see about this community. The estimated, and these are not my
estimates, these estimates were done by Metropolitan Dade County, of what
it would cost to buy that time is $12,000,000. If you were to get to
200,000,000 people and 60,000,000 Americans and you were to pay for that
kind of view of Miami, it would cost us $12,000,000 to duplicate that.
So I say to you that for $100,000 plus the use of the hall that it is
one fine bargain for this community and I would like to at this time move
that the City of Miami, taking up'Motion 83 -775 of September 7, 1983,
that based and letting the Manager have the final say and negotiate this
out, that the Manager be authorized to sign a contract with Miss Universe
Pageants, Inc. to hold the Miss Universe Contest in this community on
the 9th of July, 1984 and that the City of Miami contribute $100,000
in cash and that we offer the Knight Center facilities at our expense,
but that if Miami Beach wishes to do the same, I have no objections in
either sharing it or letting them have it over there, whichever the
Miss Universe people want to go. I think we ought to be totally cooperative
with them in any way possible, and that a committee be immediately established,
the host committee similar to ASTA, that is now held, chaired by Leslie
Pantin, Jr., that you be satisfied, Mr. Manager, that Miami Beach either
directly or through the V.C.A., Metropolitan Dade County either directly
or indirectly will chip in $100,000 apiece, but they need a signature
of one governmental entity and they have to have it immediately, so we
are going to have to sign on for the full contract as the signator. We,
the City of Miami, have to sign for the $300,000 assuming that you can
get the insurance from Miami Beach officially and from Metropolitan Dade
County that they will each come up with $100,000. I don't know, is there
anything else that we,need.in the motion, Howard?
Mr. Gary: No, that's good.
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`APR 2 6 1984
sl
Mayor Ferre: That you be authorized to sign that contract, I so move.
Mr. Perez: I second that motion.
Mr. Plummer: Motion made and seconded, and under discussion, I'll briefly
make this point. If it is to be brought here it is my opinion that it
should be brought to the T.D.C., in which the monies are derived from the
bed tax; 50% of those monies are for promotion, and in the same manner that
they fully sponsored to the tune of $400,000 the Super Stars, it likewise
should be the consideration of the T.D.C., not the City of Miami, as to
who is paying for it. Any further discussion? Hearing none, call the
roll. I'm sorry, Commissioner Carollo.
Mr. Carollo: Mr. Mayor, I respectfully would like to defer this item
for later on today. I would like to have the opportunity to speak to
Leslie Pantin, Jr. I know that he's worked on this for a long, long time,
not just this time around, but for months and months back. I know that
you have a dilema on this and your intentions are quite honorable. I
really don't care what the Herald had to say about this, even though I
tend to think that they have some grounds to stand on when they feel that
possibly what is being done is we're being played with to be used as a
bargaining chip with another city. It's a very good possibility that's
the case, but unfortunately, the image that has been created of Miami
in certain areas, that we still have to go a long, long way in changing
is the image of the City where we have had constant civil disturbances,
a City where you have a cocaine boom, a City where you have drug dealers
shooting it out on the streets, a very bad and to a great extent false
image that hasn't helped this City at all, in fact it has hurt this City
drastically. We had to take steps to improve the image in Miami to start
bringing tourism back, to start bringing industries back, to start bringing
additional jobs back to the City of Miami, and even though I don't like
what has happened in the past with the Miss Universe pageant, I think
and I feel that to a great extent we have been played with and used, and
that possibility might: just be just as great if not greater this time
around. I think that we seriously have to consider taking that chance,
because if we are able to acquire this pageant, I think that what it is
going to bring to the City of Miami in return is much, much greater than
the $100,000 that we are going to put up.
Mr. Plummer: Further discussion, Commissioner Dawkins?
Mr. Dawkins: We sat here before and I voted against this before, and
it is no secret that I will be voting against it now. Mr. Glasser has
a habit of always coming in and securing an anchor, then once his ship
is anchored, then he rides the highest wave to accomplish what he wants.
Now, I'll read to you from the Herald, "The last time this gentleman came
before this Commission, this Commission -not me, because I voted against it-
but as a majority, this Commission for two years over the last two years
he has three times raised local hopes of us capturing either the Miss
Universe of the Miss U.S.A. pageant, only to announce at the last minute
that the show would be held elsewhere." This is a common practice of this
gentleman. All he does is he goes around and gets an anchor, then he gets
something as a bargaining chip, then he goes around and bargains and gives
it to the highest bidder. Last fall, I read from the Herald again, "Last
fall, the City, the County, and Miami Beach and a private group raised
more than $1,000,000 to offer Glasser for his Miss Universe pageant only
to see Glasser glide away Lo Lakeland." The only way that this City could
get a fair deal out of Mr. Glasser, in my opinion, is as we negotiate with
Mr. Glasser, that the City Manager also negotiate that Mr. Glasser purchases
a policy from Lloyds of London for a million dollars, and if he backs out,
the City of Miami will get a million dollars, and that's about the only
way the City of Miami will get a fair deal out from Mr. Glasser, in my
opinion.
Mr. Plummer: Further discuss We'11 have to wait, I'm sure, for
the vote, Maurice.
22
: APR 26 1984
81
Mayor Ferre: No, you heard what Joe said. He wanted to defer it.
Mr. Dawkins: To defer it until later this afternoon.
Mr. Plummer: I'm sorry.
Mayor Ferre: He said he wanted to defer it until he had an opportunity
to talk to Leslie Pantin. So, whenever he's had his opportunity, we'll
bring it up.
16. ACCEPT BID OF FRANK J. MORAN, INC. FOR THE ORANGE BOWL FIELD LIGHTING
IMPROVEMENTS -1984.
Mr. Gary: We want to talk about the bid.
Mayor Ferre: Yes, sir, this is about the electric bid at the Orange Bowl.
Go ahead, Don.
Mr. Don Cather: Members of the Commission, my name is Donald Cather,
Director of the Public Works. We advertised for bids for the Orange
Bowl field lighting improvements. A section of special provisons was
inserted into the contract that read in one line, "an engineering or
general contracting license will be required." The bid went out in
that manner. The low bidder was J.L. Electric Co., a licensed electric
contractor, not a licensed general contractor. The low bid was $313,398
from J.P. Electrical Contractors Corporation. The next low bidder was
Frank J. Moran, Inc.
Mayor Ferre: l'm sorry, Would you repeat that again? $300,000 and what?
Mr. Lather: The low bidder was J.P. Electrical Contractors Corporation.
Mayor Ferro: What's the bid?
Mr. Cather: $313,398. The next bid was from Frank J. Moran, $386,700.
Benson Electric Company was third for $411,000; Net Construction at
$416,887.
Mayor Ferre: Don, let me ask you a question. Where was the City's
estimate as to what the cost was going to be?
Mr. Cather: The engineer's estimate was $305,000.
Mayor Ferre: Let me ask you this. The J.P. firm that was the $313,000
bidder, where they registered, did they have a registered license at the
time of the bid?
Mr. Cather: As an electrical contractor?
Mayor Ferre: Yes, sir.
Mr. Cather: Yes, sir.
Mayor Ferre: So, in other words, they were qualified and they met
the qualifications from Metropolitan Dade County. They were registered
here, and it is a corporation, I'm sorry, an entity that is a general
contractor in Dade County.
Mr. Cather: They are not a general contractor. They are an electrical
contractor in Dade County.
Mayor Ferre: Well, did the bid specifications ask for a general contractor
or for an electrical contractor?
Mr. Cather: It asked for an engineering, and said you must be an engineering
or general contractor.
23
"APR 2 6 1984
Mayor Ferre: The question again, let me make it explicit, did J.P. meet
with requirements of your bid document as an engineer or a general contractor
registered in Metropolitan Dade County?
Mr. Cather: No.
Mayor Ferre: They did not. Have they since gone and qualified?
Mr. Cather: I don't know whether they have accomplished that or not
yet.
Mayor Ferre: Since J.P. did not meet the specs, then I assume, unfortunately
for us that we cannot accept their $313,000 bid. Is that correct?
Mr. Cather: That is not correct, sir. The Commission can waive irregularities
in the bid.
Mayor Ferre: Is it your recommendation that we waive the irregularities?
Mr. Lather: Yes, sir.
Mayor Ferre: So that your recommendation is that we waive the irregularities
and award it to J.P.
Mr. Cather: That is correct.
Mayor Ferre: The difference is that one is $386,000 and the other is
$313,000.
Mr. Cather: In my opinion, I made a mistake in having that go through
with having that provision in there. It should have been a licensed
electrical, general, or engineering contractor.
Mayor Ferre: All right, sir, thanl. you. Questions?
Mr. Plummer: Mr.. Cather, you put out a set of specs. You set a requirement.
If the person who bids does not meet that requirement, they are in my
estimation, a non - bidder. I don't understand if I an;..aer a bid and it
says that it must be a licensed funeral director, and I am not a licensed
funeral director, I can't even bid. You know, I accept that you made a
mistake. But what I have to say to you is that as far as I'm concerned,
when you write a spec, see I'm getting right back into this whole damn
area of purchasing again, when you write a spec, right or wrong, you either
qualify or you don't, and if you don't, your bid is out. It is no more.
I just don't understand why this Commission is continually saddled with
people who don't qualify for a bid. To me they don't even warrant the
time for consideration. I'm sorry. It is just either...eliminate specs.
Don't put specs in there anymore. Because what you are telling me is
you put them in there and then we are going to disregard them. To me,
when you write a set of specs, you do what you need. Don't go overboard,
because that's been one of the dangers of overdoing on specs. But if a
person doesn't qualify, to me that's it. That bid should not even be
brought before this Commission or put on the tally. Because what has been
happening in the past is that those bids have been put on the tally, and
when they do, what is happening is they look like the low bid, but they
are not the low bid, because they didn't qualify. So I don't think that
if the company doesn't qualify, they should be put on there. That's my
opinion.
INAUDIBLE COMMENT FROM THE AUDIENCE NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Excuse me, sir, you've not been around for my three years
of bitching about the bidding procedures around here.
Mayor Ferre: Sir, do you have anything else you would like to add to this?
Mr. Cather: Yes, sir, I would like to say that I agree with Commissioner
Plummer 100 %, except that in this particular case, the error made....
24
'APR 26 1984
Mayor Ferre: It can't be 100% if you say except.
Mr. Cather: Well, 98%, the error was in the department putting a limiting
specification in there copied from the previous specification, which
limited it to engineering and general contractors. It should have said, if
anything, "electrical contractors, and /or general contractors in with
an electrical engineering subcontractor, and that is the error that the City
made and my department made, and 1 feel that if we award it to another
higher bidder, we are jeopardizing the City and punishing the City
for no good reason. The only other answer is to readvertise
Mayor Ferre: How long would that take, and when could this be rebid?
Mr. Cather: We have made arrangements so that in the event that the
Commission decides to readvertise it, it will be readvertised next
Thursday.
Mayor Ferre: Next Thursday? And then we could award the bid by the
first of May?
Mr. Cather: May 10th.
Mayor Ferre: May 10th? Would that then be sufficient time to do the
work before the stadium is in use in August?
Mr. Cather: Yes.
Mr. Plummer: Mr. Cather, let me ask you a question, sir. Of the
qualified bidders, predicated on your set of specs, who was the low
bid?
Mr. Cather: On the basic of strict interpretation and our specifications,
the way they were vent out, it was l`rank J. Horan.
Mayor Ferrc: I.):an, let rye ark you this. Men was this bid? What date
was this bid?
Mr. Cather: The bids were received April 19th.
Mayor Ferre: April 19th, okay. You talking about rebidding it
next Thursday, which would be May 3rd, is that right? And then we would
be ready to vote on it on May 10th, right?
Mr. Frank Moran: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Moran: I have information from the factory, Foreign Lighting in
New Jersey, if this order is delayed for more than three weeks, it will
take us three weeks delivery time, which is the present delivery time
for these specialty fixtures and turn it into a 10 to 12 week delivery
for these fixtures. That means that this job will be nowhere near com-
plete before the season begins.
Mayor Ferre; So I think the real question is this - the difference in
bid is $73,000.
Mr. Moran: The apparent difference in bids.
Mayor Ferre: The apparent difference, yes. The non - apparent, but the
real difference between the estimate and your bid is $81,000.
Mr. Moran: 1 believe the estimate in the Miami Builder's Exchange
as published is 05U,000, not $305
Mayor Ferre: That is very important, so let's get that straight - is
it $305,000 or $350,000?
Mr. Cather: The engineer's estimate was $305,000. The estimate pub-
lished in the builder's record was the total cost of the project in-
cluding our surcharge for Engineering and administration.
Mr. Plummer: Kay 7 ask one other question? Mr. Cather, in your bid,
was there any requirement that this job be completed before the opening
of football season?
ld
Mr. Cather: I have not checked that item. 1 can check it later.
Mr. Moran: The job has very strict deadlines. It is a fifty day job.
There is $300 a day liquidated damages. We are prepared to meet re-
quirements of these specifications as the lowest qualified bidder,
proceed with the work and get this work done for the Orange Bowl.
Mr. Plummer: Sir, I was merely asking what the specs said.
Mr. Moran: That is what the specs said.
Mayor Ferre: All right, what is the will of this Commission?
Mr. Plummer: Mx. Mayor, as far as I am concerned, we accept the lowest
qualified and responsible bid, period! What else can we do?
Mayor Ferre: Is that a motion?
Mr. Plummer: That is a motion, sir.
Mayor Ferre: All right, there is a motion that the bid of Moran be
accepted. Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Second by Commissioner Dawkins. Is there 'further discus-
sion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 84 -471
A RESOLUTION ACCEPTING THE I31D OF FRANK J. MORAN, INC.
IN THE PROPOSED AMOUPT OF $400,601, BASE BID PLUS ADDI-
TIVE ITEMS "A" AND "I3 "E OF THE PROPOSAL, FOR ORANGE
BOWL - FIELD LIGHTING IMPROVEMENTS - 1984; WITH MONIES
THEREFORE ALLOCATED SUBJECT TO THE AVAILABILITY OF FUNDS
IN THE AMOUNT OF $400,601 TO COVER THE CONTRACT COST;
ALLOCATING THE AMOUNT OF $56,084 TO COVER THE COST OF
PROJECT EXPENSE; ALLOCATING THE AMOUNT OF $8,015 TO
COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING
LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM SUBJECT
TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
ON ROLL CALL:
Mayor Ferre: In voting, let me explain. I am voting with the motion.
Let me explain my reasons. I don't think that...$73,000 is a lot of
money for this City, however, I think what is more important than
$73,000 is that we have those lights on before the field begins to be
used. If we don't have the proper type of lighting, 1 think the
repercussions of that is a lot worse than the difference. I think we
made a mistake. It was our mistake. I commend you, Mr. Cather, for
having the integrity and the courage and stand up and say that there was
.26
'APR 2 6 1984
ld
a technical mistake made. We should not hold the bidders responsible
for our mistake. It was our mistake and we have to assume the burden
of that mistake. I think the rebidding process is a good idea, except
that I don't think it is probable that we would have lights on by the
time we need them - possible, but not probable, and I think we just
need to get on with it. We make mistakes like this, and it is part
of...I would hope in the future things will be a little bit tighter
so these types of things would not occur, and I vote with the majority.
Mx. Plummer: Mr. Mayor, let me state that I agree with you on all
of the comments that you have made, but I think there is another point,
and I hope it will sink in. There is the integrity of our bidding
procedure. I think that is very important that we make it very clear
that a person who is not qualified according to the specs, don't waste
your time, nor ours - that either you qualify, or you don't, and I
an not telling you, Mr. Cather, or Mr. Gary, or Art, what to put into
the specs, but I think we have got to live by that - if we make a mis-
take and you are honest enough to admit it, then we made a mistake,
but I think where we are really getting into trouble, is accepting
bids for people who do not qualify according to what we require, and
I think that the bidding procedure integrity has got to be respected.
Mayor Ferre: All right, thank you, gentlemen.
17. ALLOCATE $2,000 AS CONTRIBUTION TO AN EVENT KNOWN AS "ISRAEL 36"
TO COMMEMORATE THE 36TH ANNIVERSARY OF THE STATE OF ISRAEL.
Mayor Ferre: The next item that I have here is a request by Israel
36 - Ms. Laurie Taylor is here on behalf. This is Israel's 3Gth year
of independence celebration. They are requesting that the City of
Miami underwrite the usage of the Convention Center, up to $2,000...Ms.
Taylor, I guess I misunderstood your request, so why don't you ex-
plain it yourself.
Ms. Laurie Taylor: The request is to help contribute to the cost of
the day, not the Convention Center. Miami Beach has already given us
permission for use of the Convention Center, including some in -kind
contributions for the...
Mayor Ferre: Well, let me understand this - in other words, you are
not going to use the facilities in Miami?
Ms. Taylor: We are starting the whole day in Miami - the Governor has
agreed to begin our Walkathon which starts in the City of Miami, down-
town.
Mayor Ferre: But, where does it start?
Ms. Taylor: Temple Israel, downtown. We are coordinating with the
City of Miami Police Department. It is really a community -wide
celebration.
Mayor Ferre: Ms. Taylor, I have a specific series of questions and
I think if we can maybe make a little headway, we can get right to it.
Are you going to be paying Miami Beach for the use of the Convention
Center?
Ms. Taylor: No.
Mayor Ferre: You are not - the are letting you use it for free?
Ms. Taylor: Our part of the program was a two -part program. There is
an evening program sponsored' by another organization and they are pay-
ing for part - for the running cost of it Our part...
Mayor Ferre: I guess my question is very specific - is our $2,000
going for the payment of government facilities in another city?
.27
APR 2 6 1984
ld
Ms. Taylor: No, not at all.
Mayor Ferre: Okay, and how much is the City of Miami Beach contribut-
ing to you ?...in cash.
Ms. Taylor: In cash - it is not on their agenda yet.
Mayor Ferre: How much are you asking the City of Miami Beach to
contribute?
Ms. Taylor: $2,000 for a different...
Mayor Ferre: How much are you asking Metropolitan Dade County to
contribute to you?
Ms. Taylor: $2,000. They have agreed already.
Mayor Ferre: Okay, I move that the City of Miami contribute $2,000
to this event provided that both Miami Beach and Metropolitan Dade County con-
tribute the same amount.
Mr. Dawkins: Second.
Vice -Mayor Perez: Call the roll - as we have a motion and a second.
The following motion was introduced by Mayor Ferre, who
moved its adoption.
NOES: None
going.
MOTION N0. 84-°472
ABSENT: Commissioner Joe Carollo
Commissioner J. L. Plummer
A MOTION TO ALLOCATE AN AMOUNT NOT TO EXCEED $2,000
AS A CONTRIBUTION TO AN EVENT MOWN AS "ISRAEL 36"
TO COMMEMORATE THE 36TH ANNIVERSARY OF THE STATE OF
ISRAEL; PROVIDE, HOWEVER, THAT THE CITY OF MIAMI
BEACH AND JiETPOP0LIT1 N DADE COUNTY CONTRIBUTE A SIM-
ILAR AMOUNT.
Upon being seconded by Commissioner Dawkins, the motion was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
Mayor Ferre: All right, thank you, and good luck. I am sorry - I will
be out of town that day, and I won't be able to walk with you like I
would have liked, but I would hope that you would extend the invitation
to all the members of the Commission to join the walk if they do have
the time.
Ms. Taylor: We would like whoever speaks to give the proclamation. We
have put that in motion, but also to introduce the Governor.
Mayor Ferre: Let me ask you this - what day is that?
Ms. Taylor: Sunday, May 6th in the afternoon - 5:30 P.M.
Mayor Ferre: I will be in Texas, unfortunately, so I won't be here.
Will you be here, Demetrio? Would you represent the City and read the
proclamation?
Mr. Perez: Yes.
Ms. Taylor: If he will, I will print it in our program, where I am
28
APR 2 6 1984
ld
Mayor Ferre: The Vice -Mayor will be there, and he will read a procla-
mation.
Ms. Taylor: Thank you.
Mayor Ferre: All right, thank you, very much.
18. ANNOUNCEMENT OF RECEIPT OF A LE'1IE;R FROM PARKER THOMPSON REQUEST-
ING A DONATION REGARDING A STUDY FOR A PERFORMING ARTS CENTER IN
DOWNTOWN MIAMI (Referred to City Manager).
Mayor Ferre: I have a letter here from Mr. Parker Thompson who is re-
questing that the City of Miami contribute up to $40,000 for a study
that will cost approximately $120,000, dealing with the Performing
Arts Center in downtown Miami. 1 told Mr. Parker Thompson that I didn't
think we were ready to vote on this, but I would pass this matter on
to you for your study and recommendation. Would you bring it back
for discussion on May 10th, as they need to make a decision very quick
about the way that Performing Art Center is going to go.
19. INSTRUCT CITY ATTORNEY PO PREPARE PROPOSED ORDINANCE PATTERNED
AFTER THE CITY OF MINNEAPOLIS ORDINANCE DEALING WITH THE SUBJECT
OF PORNOGRAPHY.
Mayor Ferre: I have a letter: here from Janet Reno dealing with the
Task Force on R.I.C.O. Act - in other words, the RE.cketcering Influence
and Corruption Organization Act, and it reads as follows: "Thank you
for your copy of resolution of April 5th, we have met with Chief Harms
and I have talked with Chief Breslow and we have told them that we
would be delighted to prosecute businesses that have been determined
to deal with obscene material under the Florida Statute 894, Racketeer
Influence and Corruption Action Act., and that we would be delighted
to participate in any sort of task force, or any other effort that
police find appropriate - Chief Breslow" ...Is the Chief still here?
Mr. Gary: He is coming in.
Mayor Ferre: I'd like for the Chief to be present on this. This is
the State Attorney's letter, which I received yesterday.
Mr. Plummer: Do we have copies?
Mayor Ferre: I just got it, J. L. This is Joe Woodnick's thing.
Joe Woodnick? This is the R.I.C.O. Act.
Mr. Plummer: Confiscation, yes.
Mayor Ferre: Racketeer Influence.. "Chief Breslow has told he that
he would call on us anytime he needed us. We have checked with the
Department regularly. To date they have not developed evidence
sufficient to prosecute. However, by copy of this letter, I am ad-
vising Chief Breslow that if at any time he develops evidence suffi-
cient to prosecute under the Racketeering Influence and Corrpution
Act, that he personally should contact me and that we will work with
him in every way possible." Chief Breslow...there are other cities in
Florida that have been afflicted by porno shops. There, the police
department, and I think Lakeland was one, and there are others in
Florida, have taken a very, vigerous role of trying to use the R.I.C.O.
Act in closing these porno shops down. It is the policy of this Com-
mission, as expressed at .the last Commission meeting, which is a
response to what we have here from Janet Reno, State Attorney. If
you immediately form a task force between the police and the State
Attorney's office - Resolution 84 -359 of April 5th, so that you will
.29
Apt 2 6 1984
ld
immediately and vigorously pursue the usage of the R.I.C.O. Act to put
these porno shops out of business, okay? I just want to make sure that
that was clearly understood that this Commission has taken that up as
a policy item. I would like to read into the record an April 24th story
in the Miami News about a nine year old guilty of sex abused tortured
death of an eight month old child, and in that it says the following:
"Last week there was testimony that the boy who killed this
eight month year old child, in sexually assaulting the baby
with a pencil and a coat hanger, were mimicking acts that
they had seen in sex magazines their mother had in their
home".
Now, you know that the liberal community of America does not have, in
many ways, people that are more liberal than N.O.W. You know, N.O.W.
is the woman's organization that deals with R.R.A. and other feminist
issues. The feminist organizations of America have a campaign on
against obscenity and against porno shops and pornographic material,
because it has been conclusively proven by scientific evidence that
has been gotten throughout the United States that poronographic material
leads to rapes, and the corruption of normally sane people. This arti-
cle of this horrible St. Petersburg death caused by a nine year old
boy who killed an eight month old child by inserting pencils and
hangers into the sexual organs of that child because he saw that in a
magazine that was in his home is one of many, many, such cases of
sexual assault perpetrated by young people, based on the availability
of pornographic material of this sort. It is a blight upon this com-
munity. I would like to ask Mr. City Attorney - I have just received
and have not totally read your April 25th memorandum, dealing with
the so- called Citizens for Decency Through Law request and the Univer-
sity of Minnesota, Professor Katherine I4cKinnen's actions in the City
of Minneapolis dealing with pornography as a violation of civil rights.
I assume that you have sent copies of it to all the members of the
Commission. I:f not, I would hope that you would...
Mr. Garcia- Pedrosa: Yes, sir, I have.
Mayor Ferre: Okay. The question is that the law as presented in
Minneapolis by the City Commission there provides legal recourse for
persons who are coerced into pornographic performances, have porno-
graphy forced upon them at work, at home, and education, or in a public
place, or are assaulted, or battered in a way directly caused by porno-
graphy. I realize that, as you point out, Mr. City Attorney, that the
amendment define pornography as the sexually explicit subordination of
woman, graphically depicted, whether in pictures or in word, and it
goes on to delineate those matters by defining subordination, and I
realize that, as you said, the ordinance has merit in its concept and
thrust, but that it is unworkable because it perhaps may be vague and
therefore subject to court challenge. I would like to make a motion
at this time that the City Attorney and if necessary, if you need to
retain special counsel who is specialized in this area come back with
a specific ordinance and I would like the State Attorney's input into
this and I will leave that decision in the City Attorney's hands
dealing with the epecific and explicit area of the Minneapolis City
Ordinance, dealing with pornography.
Mr. Garcia - Pedrosa: Mr. Mayor, let me say that the Minneapolis ordi-
nance has been referred by them to a task force which is expected to
report, I believe it is on May 10th, so my suggestion would be, and
we are in touch with them, although those two particular professors
have left the faculty in the University of Minnesota and we have not
been able to find them, but my suggestion would be that you permit me
the opportunity to benefit from the work of that task force and come
back to you after that task force report.
Mayor Ferre: but, furthermore, Mr. City Attorney, I think this is
important enough that if you feel that a trip of one of your associates
in the Law Department'is warranted to Minneapolis to further investigate
or discuss this, that we pursue this vigorously. I frankly think that
we are getting to a point in this country where pornography is creating
a major criminal subculture, and I think you see it as we see it in
30
APR 2 6 1984
id
this case of this nine year old boy killing a child because he has
pornogrpahic material available to him in his home. All right, we
need to pursue this vigorously, so I would like to make my motion
just of intent that you be instructed to pursue this vigorously, in-
cluding, if necessary, a trip to Mineeapolis, or to Washington, or
to Phoenix to the Citizen's for Decency Through Law, or any other
organization that is at the present time legally pursuing this matter.
This goes in conjunction with this thing that Mr. Woodnick brought
to us with the R.I.C.O. Act, so I so move.
Mr. Plummer: Second.
Mr. Perez: Do we have any discussion on this item? If not, call the
roll.
The following motion was introduced by Mayor Ferre, who
moved its adoption.
A MOTION INSTRUCTING THE CITY ATTORNEY TO PREPARE A
PROPOSED ORDINANCE PATTERNED AFTER THE CITY OF
MINNEAPOLIS ORDINANCE DEALING WITH THE SUBJECT OF
PORNOGRAPHY; PROVIDING FOR AUTHORITY TO THE CITY
ATTORNEY TO RETAIL SPECIAL COUNSEL, IF NECESSARY, IN
CONNECTION WITH THIS MATTER TOGETHER WITH INPUT FROM
THE STATE ATTORNEY'S OFFICE; FURTHER AUTHORIZING THE
CITY ATTORNEY TO MAKE A TRIP TO MINNEAPOLIS, WASHING-
TON, PHOENIX, OR ANY OTHER PLACE WHICH IS IN THE PRO-
CESS OF PURSUING TIiIS SUBJECT NATTER BY LOCAL ORDINANCE.
Upon being seconded by Co:tunissionei Plummer, the motion was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo*
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES:
ABSENT:
None
None
MOTION NO. 84 -473
*Although absent at roll
call, Commissioner Carollo
later asked the City Clerk
to be shown as voting with
this motion.
20. DISCUSSION ITEM: PORNOGRAPHY & PROSTITUTION (Referred to City
Me.nager) .
Mayor Ferre: With regards to porno shops, Mr. City Attorney, I called
you about three weeks ago. There is a porno shop in downtown Miami
in which there is legal action beina taken by the property owners since
the lease evidently expired and you told me that you had talked to the
attorney and that he would call you back to see if he needed the City's
help. I would like to, on the record say -I don't think we need a
motion for this, but I want to make sure that it is clearly understood
that it is the policy of this Commission to within the law and within
the constitution pursue the pornography shops and usage of pornography
in any way that is constitutional and within the law, and that includes
civil recourse on leases and violations of any other sort. One last
item on the question of pornography and prostitution. At the last Com-
mission meeting, I brought to the Commission the record of the San
Jose, California's pursual - Chief Breslow, of prostitution on a 24 -hour
basis on an increased emphasis. The Miami News wrote an article re-
garding that and I think.Mr. Gjebre himself had called some officers in
San Jose, California. .I am not saying that the Miami News has more
initiative than anybody, but I would hope, Chief, that the City of Miami
Police Department, since the Commission went on record, that you pursue
31
APR 2 6 1984
Mr. Plummer: It is time in this City we stop worrying about the "who"
and more so the "what ".
ld
this and report back to the Commission, that you would have, or if
not, that you will call your counterpart in San Jose, California and
report back to the Commission as to the effectiveness...it isn't that
I don't trust newspaper's reporting of it, but I would like to hear
from our own Police Department. I would like to have a report back
hopefully by May 10th, which gives you two weeks, as to your conversa-
tions with the Chief of San Jose, Califorria, and I would like for you,
Mr. Manager, to recommend either a pursual of this policy, or an alter-
nate. One of the campaign promises, that J. L., you and I (you more
than I) because you had Grace Rockefellar's backing and I didn't, but
we all, and I think Carollo too, went up to the northwest part of town,
and made specific commitments to those people that we would pull all
the plugs out and do anything within our power to stop prostitution
along the boulevard and downtown Miami.and I think we have got to live
up to that commitment. I don't like Grace Rockefeller anymore than I
like Joe Robbie, and they are not too dissimilar, as far as I am con-
cerned in their personalities, but...
Mayor Ferre: Precisely, and that is exactly why I took my position as
I did on Joe Robbie, and I am taking this position on the issue that
deals with Grace Rockafellar, because whether or not she supported me
or not, her...the issue is correct, and I think we need to address it
based on the "what ", not the "who ", and Mr. Manager, I would like to
have a fairly complete report back by May 10th with the Administra-
tion's recommendation, specifically as to the San Jose plan on dealing
with prostitution, or any alternates that you might take.
21. DISCUSSION ITEM: PORNOGRkPIiY ON CABLE 'I'V - ANNOUNCIEMENT )3Y THE
CITY ATTORNEY THAT THERM IS AN ITEE ON TODAY'S AGENDA CONCERNING
THIS MATTER AT THIRD DISTRICT COURT OF APPEAL..
Mayor Ferre: Now lastly, on the question of pornography in cable
television, Mr. City Attorney, I understand that we have now appealed
the ruling of Judge Hoveler - I know you have got some corrected mea-
sures on the agenda today, but I would like to - I know that you
cannot pressure an Appeallate Court, but on the other hand, I wouldn't
want the Appellate Court to feel that we are not intent and vigorous
in our request for an appeal, and I don't know what the legal proceed-
ings are, but have we done the maximum that is allowed under the ethics
of what the lawyers can do? Make sure that the Appellate Court knows
that we are anxious to get on with this?
Mr. Garcia- Pedrosa: Yes, sir, we have.
Mayor Ferre: So there is nothing else we need to discuss on that?
Mr. Garcia - Pedrosa: No, except the item that is on the agenda.
Mayor Ferre: Have they set a date for hearings?
Mr. Garcia - Pedrosa: No, sir.
Mayor Ferre: Is there a way that we can request, or is that inappro-
priate? We can't pressure it?
Mr. Garcia - Pedrosa: No, no. We can request and have an oral argue -
ment, but the scheduling of it is entirely up to the Court.
Mayor Ferre: I realize that, but have we requested for oral arguement?
That is my question. •
Mr. Garcia- Pedrosa: Yes, sir.'
32
Mayor Ferre: We have officially requested the maximum that we can
request?
APR 26 1984
ld
Mr. Garcia - Pedrosa: That is exactly right.
22. AUTHORIZE ADMINISTRATION TO PROCEED WITH SALE OF $50,000,000
GENERAL OBLIGATION BONDS SUBJECT TO PRIORITY LIST BEING SUB-
MITTED TO CITY COMMISSION WITH TIME TABLE, ETC.
Mayor Ferre: The last thing that I have, members of the Commission,
deals with bond issues. Mr. Manager, you went up to New York to
talk to bond counsel and our financial advisors. It is my opinion
(Randy, I am glad you are here) from discussions that I have with
people in the industry and from the press, that interest rates may be
going up later on this year and the probabilities are very large that
they will. That is going to affect the whole bond market, and I
think the time for us to go to market on bonds is in the immediate
future, and I just wanted to know, Mr. Manager, through you and through
your staff if you concur with this.
Mr. Gary: Yes, Mr. Mayor, we concur with that.
Mayor Ferre: Well, what is your recommendation then, that we do
because I think we need to more very vigorously on this.
Mr. Gary: Mr. Mayor, I think the idea that you have with regard to
capital of $50,000,000, or these terms of being very bold and am-
bitious, we should adopt that policy and we should implement that
policy, based on the market, and what our financial advisors advise
us, and we should be aggressive in terms of bringing about capital
projects.
Mayor. Ferre: May I ask some questions of Randy?
Mr. Gary: Yes, sir.
Mayor Ferre: Randy, how much, roughly, does the City of Miami have
in indebtedness at this time ?...$120,000,000?
Mr. Randy Rosencrantz: $133,000,000.
Mr. Plummer: $133,000,000.
Mayor Ferre: $133,000.000. How much have we authorized in that issue,
including the last $55,000,000 that passed?
Mr. Rosencrantz: $162,000,000.
Mayor Ferre: $162,000,000? Well, based on your recommendation, Mr.
Manager, I'd like to make the following motion. I'd like to move
that the City of Miami proceed with the sale of $50,000,000 worth of
bonds, and that we leave the discretion of the amounts and the timing
of it up to you, but that this matter be pursued vigorously. We
have traditionally, as I recall, issued $25,000,000 to $30,000,000
worth of bonds a yeas: in the past years and I guess what this does
is it memorializes to you the policy that that should be stepped up
to maybe $50,000,000. We will leave the timing of it at your dis-
cretion, provided that that is the advice that we get from our
financial advisors. Is it the Lowrey Company?
Mr. Gary: Yes, sir.
Mayor Ferre: The Lowrey Company.
Mr. Dawkins: Under discussion...
Mayor Ferre: I so move.
Mr. Dawkins: But that is not part of the...
33
APR 2 6 1984
ld
Mayor Ferre: No, this is just instructions to the Manager that he
pursue immediately the sale of up to $50,000,000 worth of bonds.
Mr. Plummer: That have already been approved?
Mayor Ferre: Of course! Of course it has to be that it is approved.
Mr. Perez: How is it going to be distributed?
Mayor Ferre: Well, the Manager is going to have to come back with
recommendations. We traditionally sell $25,000,000 to $30,000,000
worth of bonds a year, and all I am saying is that for this year we
stepped that up to $50,000,000, out of $166,000,000 that have been
authorized.
Mr. Gary: I would like to explain something...
Mayor Ferre: Wait a minute, because I don't have a second.
Mr. Plummer: Well, Mr. Mayor, I will second it for discussion,
personally, but it is my understanding of what you are saying is that
we have $162,000,000 that have been authorized by the voters, that
have not been sold. Now, I have no problem with selling, because we
immediately need money in the Police Department.
Mayor Ferre: That is the point.
Mr. Plummer: But, I am not going to give up my right as a Commissioner
and my vote. I would understand that this motion is to instruct the
Manager to come back with a prioritized list as....
Mayor Ferre: I accept that.
Mr. Plummer:...to what is first to be sold and this Commission will
set the policy.
Mayor Ferre: That is fine. I've got no problems with that. I just
don't want them to waste any time, because what is going to happen,
J. L., is that if we don't move now, if August comes around...in my
opinion, we are not going to sell any bonds this year.
Mr. Dawkins: I have a problem with knowing exactly what you are going
to do with the $50,000,000.
Mr. Plummer: Well, that is why it is prioritized.
Mr. Dawkins: No, wait a minute. I don't want to know what exact
area - I want to know exactly, - what you are going to do with the
money. You see, now you said in the Police Department. What are we
going to do in the Police Department?
Mr. Plummer: That which was outlined on the ballot when the people
voted for it.
Mr. Dawkins: Okay, then if we are selling $50,000,000 worth of
bonds, and there was $50,000,000 worth of work allocated for the bonds
we are selling will only be used for the Police Department.
Mr. Plummer: This is so outlined.
Mr. Dawkins: By the bond issue.
Mayor Ferre: And the way you can sell bonds by the electorate - these
are General Obligation bonds of the City of Miami - that do not conform
to the letter of the law, and that is why we have bond counsel, who is
about the strictest bond counsel in the world, God help us, - Mitchell,
Petty, Brown, Wood, Ivey and so on, and that we have the Lowrey Com-
pany to advise us.
04
APR 2 51984
Id
Mr. Dawkins: Mr. Mayor, we did not say, when we said we were going to
sell $50,000,000 worth of bonds, that it was $50,000,000 worth of police
bonds - we didn't say that!
Mayor Ferre: And now I am saying this now, i an saying that the Manager
come back with a list. This has been approved by the people of Miami in
election and we must stick to whatever they approved. The Manager will
come back with a prioritized...
Mr. Dawkins: Is that your recommendation, Mr. Manager?
Mr. Gary: First of all, let me go back. This City Commission has passed
and the voters have adopted bonds which are outstanding - $162,000,000
for specific purposes. What we are saying is, it is now time to sell
those bonds for specific purposes as approved by this City Commission
and the voters. We will come back with a prioritized list of what
bonds for specific purposes that you and the voters have approved that
need to go to market immediately, and we have begun as a result of dis-
cussions with the Mayor. If you look at the memo that I have submitted
to you, it show those specific purposes which are the beginning, for
example, affordable housing - Overtown, Park West; City wide paving.
It is for those specific purposes.
Mr. Dawkins: Okay, but before you sell one bond as Commissioner Plummer
said, you...
Mr. Gary: By law.
Mr. Dawkins:...you have to come back to this Commission to tell me that
you put $20,000,000 in sidewalks and it has to be voted on - is that
right?
Mr. Gary: By law, I have to. Yes, sir.
Mayor Ferre: He has to do it by law, and furthermore, we have to put it
to a bid process.
Mr. Dawkins: You and the tdanager keep forgetting that I am a neophyte,
that I don't know much about this being a Commissioner, so when I ask
questions, I ask questions for my clarification and everybody seems to
think that I don't need to be clarified - for it to be clear to me!
Everybody seems to think that I am supposed to assume that because you
said I understand it, that I understand it, and all I ask for is to
understand it.
Mayor Ferre: Okay! All right, I call the question, unless somebody
else has something else to say.
Mr. Perez: Call the roll.
Mr. Carollo: Excuse me, Mr. Vice Mayor, can you repeat the motion again,
please?
Mr. Plummer: For the neophyte! (LAUGHTER)
Mr. Carollo: I want the Vice Mayor to explain it to me.
Mr. Perez: This is a proponent of the Mayor. The motion is to intend
to bring the $50,000,000, the bond issue, that was already approved,
that the Manager comes to the City Commission with a formal recommenda-
tion at the next Commission meeting.
Mr. Carollo: Which one? The one for Overtown, one down in there?
Mayor Ferre: No, that hasn't passed.
Mr. Perez: No, that is the $50,000,000 of General Obligation bonds.
Mr. Carollo: Oh, it is the Police and the sewers.
Mayor Ferre: We have $166,000,000 of approved bonds - $162. What I
am asking fcr is - that has been approved by the people, obviously,
let the Manager come back with a list up to $50,000,000 for the sale as
35
"APR 2 6 1984
ld
possible, because the bond markets are changing, and unless we move
very quickly, I think between now and the end of the summer, interest
rates are going to go up and we are,not going to be able to sell bonds.
If we do, they are going to be very expensive.
Mr. Gary: Mr. Mayor, for clarification of Commissioner Carollo, the
bonds that you have approved and the voters have approved that are
outstanding, which have been approved as far back as 1970 up to 1984 -
1970, 1976, 1978, 1980, 1981, 1984, they are for such things as
highways and sanitary sewers, fire, housing, storm sewers, sanitary
sewers, streets, fire, police and additional sewers.
Mr. Carollo: Well, I :. would suggest that if we don't sell them by
summer, that we wait until September, October, before we sell them.
It is going to go up in the summer, but I am sure it is going to go
down before November.
Mayor Ferre: You may be right.
Mr. Carollo: I don't make any predictions after that.
Mayor Ferre: Call the roll.
The following motion was introduced by Mayor Ferre, who
moved its adoption.
NOES: None
ABSENT: None
MOTION NO. 84 -474
A MOTION DECLDARING THE INTENT OF THE CITY COMMISSION
TO PROCEED WITH THE SALE OF $50,000,000 IN GENERAL OBLI-
GATION BONDS WITH DISCRETION CONCERNING SUCH SALE TO BE
LEFT IN THE HANDS OF TILE CITY MANAGER, BUT WITH INSTRUC-
TION THAT THIS MATTER BE PURSUED VIGOROUSLY: AND FURTHER
INSTRUCTING THE CITY MANAGER TO COME BACK WITH A PRIORI-
TIZED LIST OF ITEMS CONCERNED WITH THE SALE OF BONDS,
INCLUDING A TIME TABLE.
Upon being seconded by Commissioner Plummer, the motion was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
23. URGE METROPOLITAN DADE COUNTY TO APPEAL DECISION BY JUDGE GROSSMAN
REGARDING ACQUISITION OF P.B.A. SITE FOR AFFORDABLE HOUSING.
Mayor Ferre: Mr. Manager, as you know, we had a reversal on Affordable
Housing because of the fact that Judge Rhea Grossman ruled against us.
The first question that I have, Mr. City Attorney, is are we going to
appeal that? Does that require the action of Metropolitan Dade County?
Do you recommend that we appeal it, because if so, I would like to pass
a motion so that. Metropolitan Dade County realizes that this is something
that we need to appeal. As I understand it, we were turned down in both
properties, or just the...was Highland Parks turned down too?
Mr. Garcia - Pedrosa: I am not sure, Mr. Mayor, whether the ruling extended
to Highland Park, because it was in a...as it was determined at the hear-
ing, that was in a blighted area, so I think that one was okay, but the
P.B.A. site was not under the...
Mayor Ferre: Is that the only one that is involved, Dena, the P.B.A. site?
36
"APR 2 61984
ld
Mr. Gary: What Dena is telling me, there
Highland; however, the Judge left it open
Highland if we justify our case, in which
probably go back before Rhea Grossman for
comes an outstanding issue.
Mayor Ferre: Mr. City Attorney, please do not misunderstand - I am not
criticizing Attorney Cuevas, okay ?...or Miriam Maer, who I have the
greatest respect for, but it has been told to me that we were a little
bit soft in our presentation, especially in the Highland case, where
there is a clear cut undeniable area where Highland is a blighted and
slum area, and that we didn't quite vigorously enough present that
case. Now, I am not sure that that occurred.
Mr. Garcia - Pedrosa: Mx. Mayor, I want to remind the Commission that
under the terms of our agreement with Dade County, we are paying, I
think it is something like $50,000 or $55,000 to Metropolitan Dade
County to acquire the site and the litigation was presented, and proper-
ly so, in the name of Metropolitan Dade County only, and was litigated
by Metropolitan Dade County.
Mayor Ferre: That is exactly what I am worried about, see? Howard, do
you get the drift of this? In other words, I am not saving that Mr.
Cuevas is not a good attorney. I am saying that John Farrell is one
hell of a condemnation attorney because we have used him in the past and
he does nothing but that and he makes a very nice living off of that
business., and all I am saying is, that I would hope that we would
pursue this rather vigorously.
Mr. Garcia -- Pedrosa: Yes, sir, to answer your question, 1r. Mayor, and
to be fair, the matter of the F.13.T . site, which is the troublesome
one, as you and I. have discussed, has some 3enisiative problems, namely
that we were trying to uo under a blighted area statute, and the P.B.A.
site is not in a blighted area To answer your question about an
appeal , 1 think it would be appropriate if the Commission were to let
Dade County know that we wish to have the case appealed at least so
that we can preserve the rights of the City and permit the parties to
continue what I understand are sar.*e negotiations ongoing that may re-
solve the problem, or the alternative, give us a chance to come up
with the legislative solution.
Mayor Ferre: All right, was there a motion that expresses that?
Mr. Gary: May I ask...
Mayor Ferre: Wait a minute, let's see if we get a motion on the floor,
and then we can change it if we like. All right, is there a motion?
Mr. Carollo: Second.
Mayor Ferre: All right,
Carollo. All right, Mr.
Mr. Gary: May I suggest
not made until we have a
people and see if we can
Mayor Ferre: All this basically does
expect them to appeal.
(INAUDIBLE BACKGROUND COMMENTS.)
it has been moved by Perez,
Manager?
that the motion include that
reasonable time to negotiate
resolve the issue.
37
were two sites, P.B.A. and
where we can go back in
we know we can, so we should
Highland and the P.B.A. be-
it memorializes
and seconded by
the appeal is
with the P.B.A.
to Metro that we
Mayor Ferre: There is a motion on the floor....Metropolitan Dade County
Law Department that we expect them to appeal this issue and in the
meantime, the Manager is also to stress that we are presently under
negotiations with the P.B.A., and that before the appeal goes forward,
that the negotiations be concluded.
Mr. Plummer: Mr. Mayor, I have no problems with that - my only question
would have to be the strength of the feeling of the City Attorney. Are
we really Flowing down the process by appealing rather than exploring
something else?
APR 26 1984
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
T Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
ld
NOES: None
Mr. Plummer: I have no problem with that.
ABSENT: None
MOTION NO. 84 -475
Mayor Ferre: If you want,to, I am ready.
38
Mayor Ferre: No, no, we are exploring something else and what the Man-
ager said is that the appeal not commence until after the negotiation
is finished.
Mayor Ferre: Howard, are we all set to vote on this? Do you have
any problems now?
Mr. Gary: No, I will accept what the City Attorney said.
Mayor Eerre: Okay, are we ready to go on this now? Call the roll.
The following motion was introduced by Commissioner Perez, who
moved its adoption.
A MOTION THAT THE CITY COMMISSION GOES ON RECORD URGING
METROPOLITAN DADE COUNTY TO APPEAL A NEGATIGE JUDGMENT
RENDERED BY JUDGE RHEA GROSSMAN REGARDING THE ACQUISI-
TION OF THE P.B.A. SITE IN CONNECTION WITH THE CITY'S
AFFORDABLE HOUSING PROGRAM; FURTHER STIPULATING THAT
THE CITY MANAGER BE GIVEN SUFFICIENT TIME TO RENEGOTI-
ATE FOR THE ACQUISITION OF THE P.B.A. SITE AND GRANTING
HIM SUFFICIENT TIME TO CONCLUDE THE NEGOTIATION PROCESS
BEFORE THE APPEAL OF THE JUDGE'S DECISION PROCEEDS.
Upon being seconded by Commissioner Carollo, the motion was
passed and adopted by the following vote:
24. DISCUSSION ITEM: UNIFIED TOTAL CONVENTION FACILITY, IN DADE
COUNTY AREA.
Mr. Plummer: Mr. Mayor, are you going to bring up the item on the
tourist convention coalition?
Mr. Plummer: Mr. Mayor, I really have nothing to offer, other than I
attended the meeting on Monday morning in which there is proffered by
the private sector a unified total convention facility, eliminating
other tourism, or convention facilities. It does affect the City of
Miami by virtue of the fact that the ordinance relating to the bed
tax would be changed to provide a million dollars to this private
coalition with no input from government at all, by taking money from
our Orange Bowl Fund and from General Tourist Promotions. I think
this Commission needs to be aware of that problem, of that situation,
and to instruct whoever within our Administration to go there and
vigorously defend the need of this City for the monies that are dedicated
to Orange Bowl maintenance, renovation and repair, as well as the tourism
dollars that have been dedicated. My greatest fear in sitting in that
meeting, is the fact that not only one, will they be taking money from
our Convention Center, which in fact, is probably the most successful
now in South Florida and they will be taking away from us ottr Convention
Center, but there is absolutely no input from government on the control
APR 261984
id
of how these dollars will be spent, and I just think this Commission
better be aware that this move is under foot, and that there is, if
in fact becomes reality that we are seriously going to be hurt in the
monies dedicated to the Orange Bowl from the bed tax, and the general
promotions monies dedicated to the bed tax. We are not making a direct
cash contribution, but we will be taking a setback in dollars.
Mayor Ferre: 4111 right, J. L., could we discuss this later on, be-
cause it is 11:30 and I think we need to get on with it.
Mr. Plummer: Mx. Mayor, I have no problem with you discussing it.
I broucht it to the table for informational purposes. As you know, I
basically attended that meeting at the invite of Merritt Stierheim.
The County Commission has already acted on First Reading, that as why
I think we need to talk.
Mayor Ferre: Yes, and I think we should discuss it. I just like to
do it later on.
25. CONTINUED DISCUSSION AND TEMPORARY DEFERRAL OF MISS UNIVERSE
PAGEANT (See :later same meeting).
Mayor Ferre: Mr. OE3io, is Mr. Leslie Pantin here? Would you have him
come down and perhaps explain where we stand on this Miss Universe thing?
Mr. Gary: Go ahead and tell them what you did with V.C.A.
Mr. Cesar Odio: Mr. Pantin, we are having a meeting with the CUTAL
people upstairs. We met with the D.C.A. this morning_; and after ex-
tensive discussion, they agreed to pass $50,000 from the D.C.A. and
Carnival Cruise Line - the Chairperson is Mr. Dickinson, Senior Vice -
President will put the other $50,000.
Mayor Ferre: So in other words, we did get $100,000 - $50,000 from
the D.C.A. and $50,000 from Carnival Cruise Lines. Merritt Stierheim
hs been calling me, but I have not been able to talk to him, but through
Stacy Hornstein who you have been talking to, is there any preliminary
answer from them?
Mr. Odio: Not at this time, Mr. Mayor.
Mr. Plummer: Excuse me. Mr. Hornstein quoted in the paper, if the quote
was correct, that they would give absolutely no cash.
Mayor Ferre: That has been changed, sir. That is changing, and we are
working diligently to try to change that. Mr. Pantin, Commissioner
Carollo had some question for you.
Mr. Carollo: Before we begin, I'd just like to thank you personally
for the effort that you have made in this particular item that we are
dealing with now. I think that you should be complimented for the
time, effort, and grief that you have gone through and what I would
like for you to do is to brief the Commission just exactly what has
been done up to now, what negotiations you have been privy to - what
efforts on your part and other people's behalf have been done and
your judgment of where it really stands.
Mr. Leslie Pantin: Okay - the deal this time, is significantly
different from last time. This year we are talking about total
commitment that will be capped - $300,000.
Mayor Ferre: Plus the hall, the Convention Center.
Mr. Pantin: Well, last.time - let me go back. Last time we had a
cash payment, a fee, let's say, plus we had the staging at the Knight
Center and the lights that was kind of open ended items -that we more
or less estimated, but this time it is $300,000 payment that incivaes
39 APR 2 6 1984
ld
lights, stage, that type of stuff. Then, the Knight Center, and that
item that we had last time at $66,000, which was the Knight Center and
the security that was approved last time. Plus that, we had two
in -kind items - the hotel and the rental car, which we already have
commitments from a hotel and a rental car company to give us that, and
that is the deal, plus we get the program also - the regular program.
Last time...
Mayor Ferre: Wait a minute, that is a new development, because
Mr. Glasser told me that that was a discussion point, and I said that
if you wanted (you, I mean your association) and the welcoming committee
wanted to put the program on, last time, I forget what City they did
this, the people who sponsored the program made $400,000 on the pro-
gram. Now, I would want them to condition and the motion that is
standing now, that I made and that Commissioner Perez seconded, and
you will accept this amendment, that we then, the City of Miami be
responsible for the programs and we turn it over to you, but if the
monies are therefore made, that the monies that are made be returned
in proportion to the contribution of each entity, including the private
sector in proportion to...and that includes our hall, which is worth
$66,000.
Mx. Odio: One of the conditions the V.C.A. passed this morning is that
if monies are raised from the private enterprise, or other means, that
the D.C.A. will be paid back its $50,000.
Mayor Ferre: In proportion.
Mr. Odio: In proportion.
Mayor Ferre: I have no problem with that, because I frankly think,
Mr. Pantin, that the Fontainebleau Hotel (just listen to me for a
moment, please) and the Norweigian Caribbean Lines and all these other
people that are going to be beneficiaries should in fact come up with
the money.
Mr. Odio: Mr. Mayor....
Mayor Ferre: Let me finish please - I'll let you know when I am
finished.
Mr. Odio: Fine.
Mayor Ferre: I promise you I will, give you all the time you need to
talk. I think that if this thing passes, we should request that the
private sector and the tourist industry have a fund raiser to cover
this money, in addition to which, that the monies made from the
program should also go into the kitty and that Metropolitan Dade
County and the City of Miami and the V.C.A. be returned the money in
proportion to the monies that are raised by both the private sector
and the industry, and by the money you make in the program, so that
hopefully we could go down to a much lessor sum. Now I am finished.
Mr. Odio: The motion that was passed in Miami Beach was that as
part of the motion, the Chairman said to our group, that I am assigning
you to raise money from the private industry and to pay us back the
$50,000 from the monies that you raise.
Mayor Ferre: We want to do the same thing.
Mr. Odio: That is proportionate too.
Mayor Ferre: But if we want to do the same thing, then we have to
negotiate that out with them because our government dollars is just as
important as their government dollars, so...
Mr. Odio: Exactly, but I.wanted you to be clear to understand that
what they are raising they are going to do it over there to pay them
back, not us.
Mayor Ferre: I understand.
40
APR 2 6 f984
ld
Mr. 'Mummer: Question, Mr. Odio - they will have the use of the facility -
the Miami Covention Center for 21 days prior to July 9th. What has already
been booked in there that will have to be cancelled?
Mr. Odio: Okay, we have E.S.P.N. boxing match June 15th, which we can
hold. There is an exam, I forgot the realty board -- some kind of a
exam that would have to be moved out of there, and that is all.
Mayor Ferre: Could we move them here to the Coconut Grove Exhibition
Hall?
Mr. Odio: Tom Connors, the General Manager of F & D says that he was
working with finding an alternate site, but that we have no other con-
flict. They would move in June 16th and start setting up the stage
in that period of time.
Mr. Plummer: Mr. Odio, other than the waiver of the rental of the
hall, what else is expected, or demanded of the C:.ty for the use of
the Miami Convention Center?
Mr. Odio: Well, the total cost would come about $66,000 as stated
because you have labor involved in the cleaning up and the security
that we have in the Center.
Mr. Plummer: Mr. Odio, my question is, in lieu of the
rental...
Mr. Odio: We can...
Mr. Plummer: All right, we know what the cost of the rental is.
What other things are going to be demanded of the City? Are we going
to have to provide the electricians and the lighting, the stage?
That is what 1 am asking.
Mayor Ferre: Say into the record, please.
Mr. Odio: On the record, the deal as I understand it, is simply that
Mr. Glasser will pay for the stage, lights, cable hookup and everything
that goes into putting on the T.V. program.We will give him support staff
in cleaning up the place and you know, the regular maintenance that we
have in the Knight Center, but nothing that will have to do with the
T.V. production itself. That is part of his cost.
Mayor Ferre: All right, further questions?
Mr. Plummer: The only other question I would like expounded further on-
is that since it is obvious that the money from the Beach is bed tax
money, where I would like you to expound is the County money coming
from?
Mr. Odio: Commission, I have no idea where they will get their money.
Mayor Ferre: I might remind you that the motion is subject to Metro-
politan Dade County, or another governmental or private entity coming up
with $100,000. Now, I would assume that we could get it from Metropolitan
Dade County, but if we can get Norwegian Caribbean Lines, or the
Fontainebleau Hotel, or somebody else, or some other entity, or Miami
Center Associates, or somebody to come up with $100,000, that satisfies
the intent of the motion. I would hope that Metropolitan Dade County
would cooperate out of their pocket. It may out of V.0 A it may
be... I don't think V.C.A. has any money left. It has to be out of
their pocket.
Mr. Plummer: Mr. Mayor, like all others, when chips are down and
emergencies occur, they seem to find it. The point I was simply try-
ing to make, Mr. Mayor was, that if Metropolitan's contribution comes
from the T.D.C., tha in effect, 40, of that money is raised from
within the City of Miami, and in effect, the City of Miami would be
giving $100,000 plus '$40,000, and the County would be giving $60,000
at best.
41
APR 2 6 1984
ld
Mayor Ferre: And I will tell you, if it comes from ad valorem taxes,
23% of those ad valorem taxes come from within the City of Miami, and
everytime Metrolitan Dade County does something, I think that is true
of everythins they do, because 22% of Metropolitan Dade County is to
the City of Miami, so that is true of everything.
Mr. Plummer: I will only conclude by saying I think if in fact it is
a good thing for this community that the entire amount should be
funded from the T.D.C. which has promotional monies in the same way
as Super Stars.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: Based on the fact that we have gotten the money from the
Carnival Cruise Lines now, and there may be...Dade County may not
come up with money, but we may get an alternate source - I should
assume that the intent of the motion is when we get $300,000, regard-
less of what other source.
Mayor Ferre: Yes, sir, that is exactly the intention of the motion.
Mr. Carollo: Mr. Mayor, I would like to defer the item still like
I said, for later in the afternoon.
4
42 APR 26 1984
Id
26. PROPOSED CHANGE OF ZONING CLASSIFICATION 2900 - 2950 S. W. 32ND
AVENUE AND 2901 -2935 S. W. 32ND AVENUE FROM RO -2.1/4 TO CR -2/4
(Temporarily deferred).
Mayor Ferre: We are now on Item Number 1 - the ordinance of zoning
atlas...there are several notes that I have gotten here of people
that cannot return this afternoon, and I would like to - those that
are non- controversial items, I would like to go through as quickly as
possible and if we get into a controversial item, it may have to be
deferred until this afternoon. We will start with Item Number 1.
This is Planning Department's applicant. This is an ordinance - a
petition. It was previously voted on January 26th. Is there anybody
here who is an opponent to this? Is there opposition to this? Can
we vote upon this at this time? This is the Planning Department's
recommendation. I'm afraid this is going to take some discussion, I
guess.
Mr. Roil Mastriani: Mayor!
Mayor Ferre: Yes, sir?
Mayor Ferre: Is the traffic engineer here?
Mr. Mastriani: Yes, he is.
Mayor Ferre: Do you have a report?
Mr. Mastriani: Yes, we do.
Mayor Ferre: All right.
Mr. Mastriani: My name is Ron Mastriani. I am an attorney for Mc-
Donalds. Unfortunately, we have closings in Clearwater'this afternoon
and we have to leave on a plane that leaves at 12:25 P.M. Could you
please address this issue now? We did what you requested us to do,
and that was to hire a traffic engineer and to show you what it looks
like and we have done that.
Mr. Mastriani: We have also met with your staff, and I believe that
staff has a recommendation on this - Mr. Campbell.
Mayor Ferre: I will take this item up. If it takes more than five
minutes, then we will defer it and continue discussion this afternoon,
so we have got five minutes to discuss it.
Mr. Plummer: Mr. Mayor, before you start - your wording is that you
have hired a traffic engineer. The motion made was that Metropolitan
Dade County engineering traffic.
Mr. Mastriani: We hired an engineer to sit down with your department
in order to show them our site plan and show them how much better it is.
Mr. Plummer: Okay, I just bringing that point out that the motion said -
not your engineer, but that of Metro.
Mayor Ferre: Well, have we had the input?
Mr. Mastriani: We didn't even...
Mayor Ferre: To the City,of Miami Staff, do we have the input of Metro-
politan Dade County's traffic engineering people?
Mr. George Campbell: No, sir, because we haven't been able to get it
from them. However, we have (we, staff) reviewed the site plan as sub-
mitted and it is our opinion that it is far superior to the existing
site. They have addressed certain problems...
43
APR 261984
ld
Mayor Ferre: So, you are recommending this? Do we have a traffic
engineer? Are you a traffic engineer?
Mr. Campbell: I have been, yes, sir. I've done the traffic engineer—
ing. I am not a...
Mayor Ferre: In other words, you are a traffic engineer?
Mr. Campbell: Pardon?
Mayor Ferre: Is that your role?
Mr. Campbell: Mr. Cather is a traffic engineer.
Mayor Ferre: So we do have traffic engineer capability in the City
of Miami?
Mr. Campbell: That is correct, sir.
Mayor Ferre: I didn't hear what you said...all right now, as far as I
am concerned, I need to hear this explicitly and in detail. You can
proceed.
Mr. Plummer: Do it in five minutes.
Mayor Ferre: If you can do it in five minutes, I am with you. You
had better get going.
Mr. Campbell: Basically, at the present time, the existing structure
there, S;'UV's has a driveway coming off Dixie Highway, which is fairly
narrow, turns in and iraediately you are faced with a planter island
where you have to make a decision to go right or left. This causes a
slowdown in the traffic entering. Under the new plan, they have re-
located the entrance driveway from Dixie Highway, widened it consider-
ably and arranged - we have discussed .sed it with them and we have arranged
to provide for what would be a reasonable turning radius getting in.
They have eliminated a dangerous driveway along on 32nd Avenue adjacent
to the corner and also eliminated one driveway on West Trade Avenue.
Mayor Ferre: Look, let's get right to the issue. You remember what I
said last time? My problem is U. S. 1, okay? Now, that is my only
concern. Just address that issue for me.
Mr. Campbell: All right, the driveway as proposed on the new plan will
allow traffic to enter from Dixie Highway with a minimum of slowing of
speed.
Mayor Ferre: Can they use the existing plan? If they wanted to leave
that the way it is, there is nothing we can do about that, is that
right?
Mr. Campbell: Well, they could. They could.
Mr. Plummer: They could operate as they are there today.
Mr. Campbell: But this far superior to the existing plan.
Mayor Ferre: It think you have already said that three times, and I
heard you the first time, and I want you to know that I understand
that very clearly. That isn't my question to you, sir, and I want you
to address the question, and only the question. I don't want any
editorial comments. I heard you - I know what you are saying! I
understood very clearly. All I want to know is, if we deny this, can
they use the existing ingress and egress to the property on from U. S. 1?
Mr. Campbell: Yes, sir.
Mayor Ferre: So, in effect, what this is is an improvement on what they
have a right to do anyway. •
Mr. Campbell: That's correct.
44
APR 2 6 1984
ld
Mr. Campbell: That's correct.
Mr. Plummer: Well, Mr. Mayor, that is not quite true. my understanding
from the last meeting was there were two areas of concern. The primary
area of concern was what the Mayor just said about Dixie Highway - that
I suggested that possibly n slowdown like does exist on other areas -
what do they call that - a deceleration lane? Okay, in lieu of that,
that the Dixie Highway access be cut out completely. They have on this
particular plan, two other area of ingress and egress. That raised
another objection, possibly if that were to be done as to the ingress
and egress to the apartment houses to the back, on Trapp, co there were
two areas of concern. Now, I think what we need to understand, Mr.
Mayor, from Day one, that that which is before us as an item on the
agenda is a zoning change, and not this plot plan in particular. Is
that correct?
Mr. Plummer: Okay. I think that is first and foremost because it does
involve one, two, three - a total of three properties, if I recall, or
three tracts. It does in fact include the two across the way. You
find no concern about this ingress and egress on the Dixie Highway from
a safety factor.
Mr. Campbell: I feel it is adequate, yes, sir.
Mr. Mastriani: Mr. Plummer, basically, we are asking you to tell us
the alternative. We either open the existing store formerly WUV's, or
we we will improve the...
Mr. Plummer: Sir, I am not making that decision for you. My concern
is if I had the right this morning to tell you what you could or could
not do, I would ray open the new store, but no ingress and egress off
of Dixie, okay? I avant to tell you something - the reason you are buy-
ing WUV'n is because they didn't have any business, co it wasn't as
big a problem or as successful as what a McDonald's will be. You will
be an instant success wherever you go, and it will be tripled or quad-
rupled. Now, I am concerned that there is no deceleration lane off of
Dixie Highway. We have it in about five other places. That is my
concern.
Mayor Ferre: Let me put it another way. If you were to tell this
Commission that you would not have ingress and egress on U. S. 1, I
am ready to vote for it right now.
2dr. Mastriani: I can't do that, we need that. It
we don't want it without it. We woule rather just
store as it was when it was WUV's.
Mayor Ferre: What is the will of this Commission?
for it now, or what?
makes or break it and
go ahead and open the
Do you want to vote
Mr. Plummer: Mr. Mayor, I've made my point, you know, and I guess the
only thing I would be waiting for, and making Metro making a recommenda-
tion, is to tell me that I am wrong, that I shouldn't be concerned about
Dixie Highway. I just had to say that I am! I've got to say that.
Mayor Ferre: What is the will of this Commission on Item Number 1?
Mr. Richard Whipple: Mr. Mayor, if I might just comment, we have had
great difficulty with Metropolitan Dade County as to commenting on small
individual petitions. It is all we can do to get them to comment on
the major traffic concerns of studies that are involved. That is why
we reverted to using our traffic engineers for this work.
Mr. Carollo: Let use tell you wnat is going to happen with Dade County
and give you an example. Where I live now at 2rith Street S. W. between
27th and 32nd Avenue, I have been trying for the last 3 or 4 months to see
if they could do a study and get some stop signs as the neighbors are
requesting, before someone gets run over or killed. They have done
nothing whatsoever, so if they do it in 4 years, they will be quite
lucky. I don't think its fair to hold a decision up until we get a read-
ing from Dade County.
4 5
APR 26 1/84
Mayor Ferre: What is the will of this Commission?
Mr. Garcia Pedrosa: To deny.
Mr. Plummer: Ingress only.
Mayor Ferre: Is that a motion?
46
Mr. Plummer: I can't vote for the opening onto Dixie Highway. I
can't do it. What is my motion, then?
Mr. Carollo: Mr. Mayor, I have to include for traffic to be able to enter
at Dixie Highway, but as far as leaving I do have some problems in a corridor
at a major intersection. I would be willing to vot for it so traffic can enter
but not to leave.
Mr. Whipple: Mr. Mayor, you are voting on a change of zoning and you
are talking about a condition as to a particular plan. I believe you
will have to see if the applicants want to voluntarily proffer some
restriction as to future development of that site.
Mayor Ferre: Are you ready to proffer that now?
Mr. Mastriani: Yes.
Mayor Ferre: You volunteer this, is that correct?
Mr. Mastriani: For the record yes, we are volunteering.
Mr. Plummer: What are you volunteering on?
Mayor Ferre: That again are you volunteering? Describe it again.
Mr. Mastriani: Right turn into the site only from Dixie Highway.
Right turn and right out.
Mr. Plummer: Ingress only from Dixie - no egress, is that what you are saying?
Mr. Mastriani: Ingress only. no egress.
Mr. Carollo: I would like to remind the Mayor that would be the closet
McDonald to Espinola Drive.
Mayor Ferre: All right, there is a motion - is there a second? Is there a second.?
Mr. Plummer: I can't second it - I am sorry.
Mr. DuBreuil: That is ingress only.
Mr. Plummer: Yes, I understand, George. I understand.
Mayor Ferre: If you want to wait for someone else to come in, other-
wise you...
Mr. Plummer: I can't second it.
Mayor Ferre: You need three votes to pass. (INAUDIBLE).
Mr. DuBreuil: Where are the other members?
Mayor Ferre: Obviously they are not here.
Mr. DuBreuil: Let us wait for the other members.
NOTE FOR THE RECORD: AGENDA ITEM NUMBER 9 WAS CONTINUED TO MAY 24TH
APR 2 6 1984
id
27. SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION 2900-
2950 S. W. 32ND AVENUE AND 2901 -2935 S. W. 32ND AVENUE FROM
RO -2.1/4 TO CR -2/4. ALSO RELATED MOTION REGARDING PROPERTIES
IN EGRESS AND INGRESS FROM DIXIE HIGHWAY.
Mr. Richard Whipple: Item Number 1 is back, Mr. Mayor, if you would
like to...
Mayor Ferre: All right, there was a motion made by Carollo. Repeat
the motion - the motion was that this item be approved subject to the
voluntary...
Mr. Plummer: Covenant.
Mr. Whipple: Voluntary covenant that there is only egress onto the
side and no...egress, and this is not subject to, this is just in con-
junction - a convenant was voluntarily proffered.
Mayor Ferre: Plummer's suggestion was that he wanted to have the
Metropolitan Dade County Traffic Department input as to whether there
should be any ingress or egress.
Mr. Plummer: Or, in lieu
Mr. George Dui3reuil: Mr.
WW's, offices at 1637 N.
the building permit was permitted...we would have to have not only
Dade County, but that is a Federal Highway for the ingress and we are
volunteering ingress only, but we would still have to have their input
from Metropolitan Dade County as well.
Mayor Ferre: Further discussion.
Mr. Plummer: Hey I understand...
Mayor Ferre: I am going to ask one more time. Is there a second to
the motion? Is there a second to Commissioner Carollo's motion?
Mr. Plummer: Excuse me.
Mayor Ferre: Hearing none, the motion dies for lack of a second.
2 guess we now need a motion to continue this for the purpose of
Metropolitan Dade County...
Mr. Plummer.: Well, Mr. ME,yor, let me do what I think we - as it stands
on the agenda. Mayor, I move - no, I am not either, I was going to move
the other two items...
Mayor Ferre:
Mr. Plummer: Well, we are going to have to address the same problem
on the other corner!
Mayor Ferre: Right.
. 47
of that, a deceleration lane.
Plummer, I am George Dul3reuil, representing
W. 27th Avenue. We would have to have before
Mr. Plummer: That is the problem as I see it, because the filling
station, their property right now, if we approve this zoning, the same
dangerous condition exists as to what is going to go in there. Now,
this lady is the only one I don't have any problem with and hers is
the apartment house, unless you tie it to the property of the filling
station under Unity, or it becomes` one, then it becomes a problem.
Mayor Ferre: Plummer, we now have Item number 1, which is Frank Hirsch
and Lenard Solomon and Standard Oil and their application for petition
of change of zoning.
APR 2 6 1984
ld
Mr. Plummer: There are three subject properties.
Mayor Ferre: Now, the question is since there is no second to the
previous motion, what is the will of this Commission? We have got
to do something one way or the other!
Mr. Hayden Greene: Is it possible to ask a question?
Mayor Ferre: Yes, sir.
MR. Greene: I am very confused and I would very much appreciate it
if we straightened things out. I stood here before on this same matter.
I reside at 15100 S.W. 87 Court. As I understood this entire situation
and I understand zoning matters, the applicant here is the City of Miami's
own Planning Department.
Mr. Plummer: Correct.
Mr. Greene: That is what has been rough here. We have had
two deferrals in trying to assist the wishes of the Commission.
Mayor Ferre: I'm trying to get a transportation....
Mr. Greene: I understand. May I make a suggestion? The City
is the applicant. If you go ahead and vote to approve what the applicant says
or has been in the past in error on their part. This is what the City's
department has said. Then comes time for the filing of the application.
I do feel then at that time, the time would run and all be jelled together
then rather then taking the time of the Commission on these matters, the
wishes of the Commission then, would be heard through its own department.
Mr. Plummer: All right,
is that we .approved the
9500 as it relates to dr
subsequent hearing? Is
Mr. Whipple: Yes, sir.
Mr. Plummer: And that is in effect?
what you are saying, if 7 understand correctly,
zoning, but we still have the catch -all with the
ive -ins. That would have to he approved at a
that correct, Mr. Whipple?
Mr. Plummer: I don't know that I have a problem with that. I think that
is excellent - but so there is no misunderstanding, what I would be doing
is moving this item to zoning only. All right, then any application
that has a drive -in associated with it would have to come before this
Commission fcr approval.
Mr. Whipple: That is the amendment that this Commission approved at the
last meeting...
Mr. Whipple: And also in addition to that the particular applicants that
are before you today have shown us how they could comply with the require-
ments when it comes into effect.
Mr. Plummer: What I am saying to you is it must come back.
Mr. Greene: That you have voted on in the past. This Commission,
Mr. Plummer verbally said outright they will move along toward your
wishes.
Mr. Plummer: Are we understood, or am I correct? The matter has got
to come back here for any drive -in facilities.
Mr. Garcia- Pedrosa: From April 29th, forward.
Mr. Plummer: April 29th - well, this matter would not be coming back...
Mr. Garcia- Pedrosa: No, no.
Mr. Plummer: If they draw a permit before the 29th.
Mr. Garcia - Pedrosa: Yes, sir.
48
APR 2 61984
ld
Mr. Plummer: Can they draw a permit? This doesn't become effective
law for 30 days after today's vote.
Mr. Garcia- Pedrosa: No, no, the point is that the amendment requires
them to come back to you. i want to make sure you understand this,
Commissioner Plummer. The amendment does not take effect until April
29th, and what I am hearing is that...
Mr. Plummer: Isn't it a Catch -22?
Mr. Whipple: Well, but zoning likewise isn't effective for 30 days
after this date.
Mr. Plummer: That is what I am saying.
Mr. Whipple: So, I think the zoning today would be the predominant
issue and no permit can be issued until the zoning is in effect 30
days from today.
Mr. Plummer: Mr. Whipple, speak a little clearer. Am I assured that
if I vote for approval of the zoning today that any matter relating to
a drive -in has to come back before this Commission prior to approval?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Plummer: It is a Catch -22, I believe.
Mayor Ferre: Are we ready now?
• Mr. Plummer: You can't put in a permit before 30 days from today and
that effect goes into effect the 29th1
Mr. Greene: If you see fit to approve the Applicant's request today,
the effective date is 30 days from now.
Mr. Plummer: The applicant is the City, as you so well brought out.
Mr. Greene: That is right..
Mr. Whipple: They would not be able to obtain a permit, or even request
approval of a permit for a public hearing for a drive -in window facility
in conjunction with a restaurant until 30 days from the adoption of the
zoning change today by this Commission.
Mr. Plummer:
and explicitly
Mayor Ferre:
I so move Item Number 1 with those conditions understood
And with the previous stipulations that they volunteered.
Mr. Plummer: They are going to have to do that if they are smart, in
writing prior to coming here, as it relates to that.
Mr. Greene: Mr. Mayor, that is I'll be quiet.
Mr. Plummer: Well, you are not going to like my next motion, but go
ahead.
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Call the roll - read the ordinance.
49
- APR 2 61984
ld
AN ORDINANCE ENTITLED:
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 2900 -2950 SW 32ND AVENUE (MCDONALD
STREET) AND 2901-2935 SW 32ND AVENUE (MCDONALD
STREET), MIAMI, FLORIDA (MORE PARTICULARLY DES-
CRIBED HEREIN) FROM R0 -2.1/4 RESIDENTIAL OFFICE TO
CR -2/4 COMMERCIAL RESIDENTIAL (COMMUNITY); MAKING
FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES
ON PAGE NO. 42 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.
Passed on its first reading by title at the meeting of January
26, 1984, it was , ,taken up for its second and final reading by title
and adoption. On Motion of Commissioner Plummer, seconded by Commissioner
Carollo , the Ordinance was thereupon given its second and final reading
by title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
NOES: Mayor Ferre
ABSENT: Dice -Mayor Demetrio Perez, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9827.
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.
ON ROLL CALL:
Mr. Plummer: With the right of making a motion immediately following.
Mayor Ferre: I've got to vote "no ", because even though I know there
is another way to resolve this in the future, ince you start letting
loose of the handle, you have a lot less leverage in working out the
problem and I think even though we are going in the right direction, I
don't see where this has been worked out appropriately. The matter
passes.
Mr. Plummer: Mr. Mayor, I make a motion at this time that henceforth
any properties that are adjacent to Dixie Highway be subject to approval
by this Commission, as it relates to ingress and egress onto Dixie. My
problem is that of what was discussed yesterday, okay? Why not? We
can make it a conditional use on anything.
Mr. Garcia - Pedrosa: His motion is one which instructs us to come back
with appropriate legislation.
Mr. Plummer: Exactly! Let me tell you what you had better remember...
Mayor Ferre: Is there a second?
Mr. Plummer: Let me just tell you this very quickly - the Metro
study yesterday eliminating the Blue Dash brought out that Dixie Highway
is carrying 212% of capacity. .
Mayor Ferre: Further discussion? Call the roll.
50
APR 2 6 1984
Mayor Ferre:
id
The following motion was introduced by Commissioner Plummer, who
moved its adoption.
MOTION NO. 84 -476
A MOTION INSTRUCTING THE CITY ATTORNEY TO COME BACK
WITH APPROPRIATE LEGISLATION STIPULATING THAT, HENCE-
FORTH, ANY PROPERTIES THAT ARE ADJACENT TO DIXIE HIGH-
WAY, AS THEY RELATE TO INGRESS AND /OR EGRESS FROM DIXIE
HIGHWAY, WOULD BE SUBJECT TO APPROVAL BY THE CITY OF
MIAMI COMMISSION.
Upon being seconded by Commissioner Dawkins, the motion was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice -Mayor Demetrio Perez, Jr.
28. UPHOLD THE RECODMMfENDATION OF THE PLANNING DEPARTMENT AND DENY
A REQUEST FOl: ZONING CHANGE AT 3663 N. W. FLAGLER TERR. FROM
RG -1/2 TO CF-2 /7.
Mayor Ferre:
Mr. Plummer: What number?
Mayor Ferro: Take up Item Humber 4. All right, Item 4, Augustine
Perez - it this a controversial item?
Mr. Richard Whipple: The Planning Department has been opposed to the
change of zoning from the very inception, yes, sir.
Mayor Ferre: Item Number 4. All right, go ahead, make your presenta-
tion.
Mr. Whipple: Mr. Mayor and members of the Commission, the Planning
Department recommends denial of this requested change of zoning. As
you are aware, this is a cut down version of an original request of
change of zoning. Referring to the map in front of you included the
two lots in blue there to the east of the two lots in yellow, which
is the subject before you this afternoon. As you may remember, the
two lots in blue are presently utilized by an illegal use. The resi-
dential building is being used for an office development and believe
this is an undue commercial encroachment into the residential area,
and therefore recommended against this commercial encroachment.
Mr. Whipple: Likewise, we believe that the change of zoning of these
two lots as a subterfuge still allows these two lots to be utilized
for office development as a transitional use. We believe there is
sufficient commercial zoning existing in the area. We believe that
there are ample commercial areas properly zoned, that are under-
utilized or unutili,zed that can be used for additional cortLnercial
development and see nb additional, or any new need for additional com-
mercial development in this area, particularly in light of its poten-
tial impact in the residential development to the east.
SI
APR 26 1984
Mr. Plummer: The polka dot area is the one in question, right?
Mr. Whipple: In yellow, yes, sir.
Mr. Plummer: And the further property they own is the blue?
Mr. Whipple: Yes, sir..
Mr. Plummer: And it was my understanding at the last hearing that -
they really only wanted to use that additional blue for parking, was
that correct?
Mr. Whipple: No, sir, the blue is an existing residential building -
it is being utilized for office development. which is not legal.
Mr. Plummer: Well, it is non - conforming.
Mr. Whipple: Well, it is not legal.
Mr. Plummer: It is not legal. I am trying to remember from the time
they were here before....well, you go ahead with your presentation.
Mr. Agustin Perez: First of all, I would like to point out the
owners owned this property since 1950. Mr. La Rosa purchase a realestate
office which is situated on lots 13 & 14. It was condicting a realestate
office there. The office at all times for the past 10 years, has had a
city occupational license. lie did not know that he was not within the
city zoning laws The application here today is a petition covering the
2 lots marked in yellow. These 2 lots are immediately adjacent to Las Marinas
Reataurant on 37 avenue and Flagler Terrace. I would like to point out there
is precedent for the application here. The property immediately accross the
street from the property marked in yellow has already been re- zoned.(CR2 -7)
There is absolutely no difference. 1 was there just this morning and I
looked at the properties to be sure of what I was going to tell you today.
There is a permanent structure on the 2 lots in I3loci: 30, directly across
tie street from the lots indicated in yellow. ABC Itardwar.e. The remaining lots
in Block 10 behind the 2 lots are all paved parking lots. That entire block
accross the street is commercial and the stores have permanent parking. There
is another precedent which I would like to point out and that is the Mansenes
property. Before I talk about Mansenes the 2 lots immediately to the north of
the 2 lots in question, that beeing lots 10 & 11, a doctor has his office there.
Lastly, the Mansenes property, now I am referring to lot 6. It's not very far
away. It's a matter of blocks. A comparable lot in Block 9 have also been
re -zoned (CR2 -7) Again, there is absolutely no difference. Here we are trying to
re -zone the 2 lots behind Las Marinas and Mansenes abutting with the lots behind
their restaurants. I also would like to point out that the neighbors support
this application. We have 23 letters returned from neighbors, voicing their
approval. Lastly, I sincerely believe that this will not change the neighborhood in
any way. He has conducted his office, with the City Occupational License for
10 years. The owner wants to come within the law and do things right and
this particular petition that concerns the yellow property. I can't see how
there could be a difference between those 2 lots and the other 2 lots accross
the street and the other properties which I have discussed here today.
Mr. Plummer: Did you ever hear of the domino theory?
Mayor Ferre: That's the way it works. Not only that, it is not the domino
theory, it is the law. That is important. That property right next door.
They will' say, you it to hir, , you have to give it to me once that
happens you can't deny it to him once you start with that, then goes the
neighborhood.
Mr. Whipple: Mr. Mayor, if I might just add, there is some comments
trade about the use being here for ten years as having an occupational
license. I don't know what that could be unless it was intended to
refer to a possible home occupational, which would allow a man to
operate a 25% of his office out of the house. To my knowledge, there
has been no approved occupational licenses to allow offices in that
development. As a matter of fact, that is the reason that the case
came before this Commission, is that the property owner was cited
for illegal use of the premises, and therefore forcing the applicant
to come before you for this requested change.
APR 26 1984
Mr. Whipple: (cont'nd) With respect to the other properties it was pointed
out by the applicant - the two properties to the north, are in fact being
utilized as a transitional use for office which is permitted under the
existing zoning. We suggest to you the same opportunity exists on the
subject property without necessity a rezoning. Again, we are
concerned with the fact that you change the zoning on these two lots
you then open up the opportunity for transitional development further
to the east, and a further encroachment into the residential area.
Mr. Agustin Perez: Gentlemen, I would proffer a copy of the occupational
license, which indicated, office only.
Mr. Whipple: Is that a home occupation, sir?
Mr. Agustin Perez: Its a realestate office.
Mr. Plummer: You can operate a real estate office there, but you have
to meet the criteria. All the employees must be relatives. It cannot
takes more of 25% of the household and whatever the other regulations.
1
ld
Unidentified Speaker: home occupation.
Mr. Plummer: Home occupation.
Mayor Ferre: Its obvious you don't have the votes here. If you want to
waitfor another member of the Commission to come in.
Mr. Agustin Perez. Commissioner Dawkins here. I didn't see him
leave, and that is why I....
Mayor Ferre: You want to wait - here he is, right back there, but I
can tell you right now, you don't have the votes here.
Mr. Agustin Perez: Well, can we just wait and request to defer
this item.
Mayor Ferre: There is a motion that this item be continued until the
May 24th zoning...is there a second?
Mr. Plummer: Who made the motion?
Mayor Ferre: You did. You don't want to continue?
Mr. Plummer: I don't see any need to continue.
Mayor Ferre: Okay, then there is no motion to continue. You are going
to have to...all right, here is Commissioner Dawkins walking in right
now.
Mr. Agustin Perez: Mayor Ferre, 1 am a little bit confused at this
point - the petition here, this is a revised petition, the first time
around, there was a vote kicking it back to the Zoning Board. Originally,
the Zoning Board had voted had voted unanimously o deny our petition.
They have come back and now have voted 5 to 1 approval. We are dealing
with the two properties marked in yellow. I think it is unfair and im-
proper for you to consider, with all due respects, the duplex and the
real estate office, although I am being upfront and I am discussing it.
That is a potential use in the future, because if we get those two lots
resolved, we can get the transitional use. I am being upfront about
about it, I am telling you; however, this petition here only concerns
the yellow property, and I can't see in all justice how this petition
can be denied, when immediately across the street, you have a hardware,
and next to the hardware, you have parking lots, and furthermore, in view
of the precedent that you have with the Mansenes property.
Mayor Ferre: Mr. Whipple, when this thing...thing thing was before us
before. I remember it distinctly, and we sent it back, and the purpose
of sending it back was, so that, because if you notice, across the
street, on Lot 5 and 6, it is zoned the way they are requesting for
zoning, and therefore, it is different from other properties like these
lots on the back streets.
Mr. Whipple: Mr. Mayor, the original application included those two
blue lots to the east.
Mayor. Ferre: But, it doesn't now
Mr. Whipple: And at that time, in your discussion, the very aspects of
what the zoning was and wasn't, yot. felt, for whatever the reason, that
it should come back, and only these two lots should be considered.
Mayor Ferre: Precisely and the reason why we did that was because
I think all of us here were opposed to the rezoning of lots 13 and 14
Unidentified Speaker: And we are not doing that.
Mayor Ferre: And they are not doing that at this point, and the only
way we could legally vote upon the yellow lots is for it to go back and
54
APR 261984
ld
then come back the way it has now, see? And so the point is this, that
in effect, both sides of the street would be the same and the domino
theory really wouldn't work, because that would work if we rezoned 13
and 14, but in this particular case, that does not set precedent.
Mr. Whipple: Well, are suggesting that that is the only solution,
Mr. Mayor, and that is not the case. The property doesn't have to be
rezoned. The property doesn't have to have like facing, they are all
alternative uses that are permitted under existing zoning, and as that,
we must not forget the fact that if this zoning is changed, it then
allows the transition use on the two blue lots, which then legalizes
the office use in the residential area, which we feel is absolutely
wrong and atrocious.
Mr. Agustin Perez: Well, how, Mr. Whipple, with all due respects,
how would you address then the doctor's office in the rear, and further -
more, the parking lot...all those lots to the south - directly across
the street from the property, lots 13 and 14, that is a paved parking
lot. You are talking about a residential neighborhood. In fact, that
is not what it is! The neighborhood is completely mixed, residential,
commercial and I pointed out, I am repeating myself, but all the pro-
perty across the street is commercial at this point. The property be-
hind it is commercial, even though it is transitional use, but it is
being used as an office and again, there is prececent and the petition,
I feel, is justified and not unfounded.
Mr. Whipple: I think the use of Lots 10 and 11, which has been repeated
several times being used for the office is a perfect example. That is
what the transitional provisions of the zoning ordinance are established
for. It says that where you have lots such as lots 10 and 11, where a
side lct line abuts a commercial zoning, you may use it for the next
zoning classification or for a modified or limited office development.
That is exactly what the owners of Lots 10 and 11 dic3. They too); ad-
vantage of that transitional. use. This property owner can do exactly
the same thing and they can build a transitional use on this lot and
an office use without the rezoning.
Mayor Ferre: 12:22 P.M. We are 22 minutes beyond our time to leave,
so we must break, so therefore, I would ask that we conclude this one
way or the other. What is the will of this Commission?
Mr. Plummer: Mr. Mayor, is it your concern - are you satisfied? If
you are not, I will move for continuance.
Mayor: 1:00? We now have a 1:00 o'clock. I stand corrected. What?
Mr. Plummer: This is back at your request. It is your concern. Are
you satisfied? If you are not, I will vote for a continuance.
Mayor Ferre: Well, he wanted to have a full Commission here. I will
leave it up to you.
Mr. Agustin Perez: I will go for it, being that Commissioner Dawkins
is now present. I would want a decision one way or the other.
Mayor Ferre: Okay, I will stand by that. All right, what is the
will of this Commission?
Mr. Plummer: I move to uphold the Planning Department.
Mayor Ferre: All right, there is a motion for denial of Item 4. Is
that the proper way of putting it legally?
Mr. Garcia - Pedrosa: Yes, sir.
Mayor Ferre: Is there 3 second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion? Call the roll.
55
APR 2 6 1984
id
The following motion was intrcduced by Commissioner Plummer, who
moved its adoption.
Upon being seconded by Commissioner Carollo, the motion was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT:
MOTION NO. 84 -477
A MOTION UPHOLDING THE RECOMMENDATION OF THE PLAN-
NING DEPARTMENT AND DENYING APPLICATION FOR CHANGE
OF ZONING ON PROPERTY LOCATED AT APPROXIMATELY 3663
N. W. FLAGLER TERR. FROM RG -1/3 TO CR -2/7.
Vice -Mayor Demetrio Perez, Jr.
•
29. OFFICIAL VACATION /CLOSURE N. W. 10TH AVENUE AS DESCRIBED IN
R -84 -478 PURSUANT TO REQUEST BY UNIVERSITY OF MIAMI AND
METROPOLITAN DADE COUNTY, PUBLIC HEALTH TRUST, ETC.
Mayor Ferre: We are now on Item Number 8. This is the
University of Miami and Metro down at Jackson Memorial,
request of
isn't it?
Mr. Plummer: Yes, I want to tell you, that is going to
controversial.
Mayor Ferre: Okay, I stand corrected.
Mr. Plummer: Yes, you are standing on closing a street before you
build the alternate. No way!
be very
Mayor Ferre: You had better explain it quick. You had better explain
it quick, because you are about to...if you become controversial, I
have got to make you come back this afternoon. Into the microphone
your name, your address, and then make your statement.
Mr. Fred Flam: My name is Fred Flam, Administrator of Planning with
the Public Health Trust, Jackson Memorial Hospital. We are here on
Phase II of the vacating and closure of N. W. 10th Avenue, which of
course, previously approved by the Commission, would not be vacated
and closed until the new 9th Avenue bypass road is in place, as to
be constructed, so the work is out on the streets now being bid. It
is expected that the 9th Avenue bypass road will be constructed be-
ginning approximately July 1, ended by the end of the year, 6 months
will be the timing, after which we will vacate and close in a phased
manner.
Mr. Plummer: Mr. Mayor, I will move Item 8 for approval, subject to
the presentation of a C.O. on 9th Avenue.
Mayor Ferre: All right, will that do it? Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
56 APR261984
ld
Mr. Plummer: Instead of a C.O., that the Public Works make a report
stating that it has been successfully completed.
Mayor Ferre: Okay, with that as a proviso, the Seconder accepts also.
Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 84 -478
A RESOLUTION CLOSING, VACATING, ABANDONING AND
DISCONTINUING THE PUBLIC USE OF THAT PORTION OF
NORTHWEST 10TH AVENUE BETWEEN THE SOUTH RIGHT -OF
-WAY LINE OF NORTHWEST 17TH STREET TO A POINT +
675' SOUTH OF SAID RIGHT -OF -WAY LINE, BEING THE
NORTH RIGHT -OF -WAY LINE OF NORTHWEST 15TH STREET,
SUBJECT TO THE DEPEARMENT OF PUBLIC WORKS' RE-
PORT THAT THE CONSTRUCTION OF THE 9TH AVENUE BY-
PAcS ROAD BE COMPLETED; ALL AS A CONDITON OF AP-
PROVAL OF TENTATIVE PLAT #1204 "HIGHLAND PARK
SECTION TWO."
(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 Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Terre
NOES: None
ABSENT: Vice - Mayor Demetrio Perez, Jr.
30. UPHOLD DECISION OF ZONING BOARD AND GRANT VARIANCE ON PROPERTY
LOCATED AT APPROXIMATELY 215 N. E. 36TH ST. AND 3601 N. FEDERAL
HIGHWAY.
Mayor Ferre: We are now on Item 7.
Mr. Richard Whipple: Mi Mayor and members of the Commission, this is
an appeal by the Planning Department of a variance granted by the
Zoning Board. This appeal involves a request for variance concerning
setbacks along the three frontages of Federal Highway and N. W. 36th
Street of a proposed office building that was previously subject to
review by the Zoning Board for variance request. The previous request
to bring this Commission up to date was to allowed a specified build-
ing (there are plans on file) office building, to aive off - street park-
ing and has justification for the waiver of off- street parking, the
providing of off - street parking under the expressway right -of -way,
which is immediately north of the subject property, of which it has
been alleged that all these arrangements have been received and gain-
ing through the State and through the City of Miami Off street Parking
Authority. Subsequent to that approval, of the Zoning Board, with, I
believe, our endorsement at that particular point in time, the Appli-
cant proceded to obtain a building permit to construct the office
tower. However, it was decided that we were in the in between 6871 and
Ordinance 9500, that they would like to take advantage (1 an sort of
reading between the lines here) take advantage of the additional
opportunities of the floor area of zoning ordinance 9500 and add another
floor to the building. However, other regulations change, which nec-
cessitate requesting setback variances under ordinance 9500, in order
to build this additional floor. We very simply state that Number one,
we feel there is no hardship to justify the variances that were granted,
57 APR 2 6 1984
i.e., pursuant to the fact that a permit was issued on the previous
building, which obvioiusly provided for a reasonable use of the site,
and that was out of hardship, the variances should not be granted,
and that is the basis of our appeal. This would allow the additional
floor. We feel that even the total plans could be modified to meet
the required setbacks of 9500 under a new design, of course and I am
sure that the Applicants would desire not to have to do that. We
find no justification for the variances as requested.
Mr. Plummer: Mr. Whipple, answer a couple of quick questions for
me and see if I am wrong. It is my understanding that your only con-
cern in the previous application...you had no' problem with setback,
and there were non proffered.
Mr. Whipple: That's right.
Mr. Plummer: Your only problem was with parking.
Mr. Whipple: Yes, sir.
Mr. Plummer: And that was resolved by virtue of the fact that they
made an agreement with the Off- street Parking Authority to resolve
that problem and adequately supply you with enough parking.
Mr. Whipple: Yes, sir.
Mr. Plummer: All right, now what they are asking to do is to put
another floor without setback, the same as what it was before, and it
is my understanding that they have gone back to Off- street Parking to
get additional parking spaces to resolve the problem of the parking.
Is that correct?
Mr. Whipple: Well, I don't know whether that is a fact, but it is
a point that is not of any consequence. Sufficient parking is provided
under the new and old through the lease arrangement. That's my under-
standing.
Mr. Plummer: So, what we are saying is, in effect that the real con-
cern that you have for denial because the new ordinance wants setback,
and the old one didn't require it, so you want the new eetback in the
new ordinance. Is that really the text?
Mr. Whipple: Yes, sir, plus we find no hardship to justify the request.
Mr. Plummer: If there was no hardship existing in the past...quit
laughing now, damn it, stand up here and be serious.
Mr. Whipple: Well, everybody has to follow the law, sir, and that is
the point that we are trying to get across!
Mr. Plummer: But, Mr. Whipple, there are things that you get up here
and speak about that are so atrocious, and there are things that you
speak because of what the book says.
Mr. Whipple: I can't speak any louder today because of my sore throat.
Mr. Plummer: May you always have a serious sore throat! On a pendulum
of one to ten, Mr. Whipple, is this towards the atrocious ten, or the
book's one?
Mr. Whipple: Mr. Plummer, I think that we have made our statements
and we feel quite serious and bound by them, as to the way the ordinance
should be administered.
Mr. Plummer: Mr. Whipple, your throat is not sore enough!
Mayor Ferre: All right, are the owners, or the representatives of
the owners here, and you would you make your statement?
Mr. Sherman Crawford: Mr. Mayor and Conunissioners, I am Sherman
Crawford, 2801 Ponce de Leon. The owner of the property is here with
me,. I will be extremely brief and address only one point a K c �+ V 1984
• 58 tt V t7V
by Mr. Whipple. When the decision was made for us to request the 5th
floor, it was made on the basis of the Department of Off- Street Park-
ing approached us and asked us to rent an additional almost 50 parking
spaces because the lot that they were building had provisions for these
spaces, and the person they anticipated to rent them from the City had
withdrawn their application to do so, and the Department of Off - Street
Parking indicated to us that if we did not lease these additional park-
ing spaces from them, then, they, in fact, may not even build the park-
ing lot, in which case, we could not build the building at all. So,
we were confronted with a situation where we had to enter into a 30
year lease with the City of Miami to lease almost twice as much parking
...(excuse me, Department of Off - Street Parking) - lease almost twice
the required parking for the building. In an effort to possibly re-
coup some of the expense involved in that, we chose to try to add a
5th floor.
Mr. Plummer: You talked just long enough that we no longer have a
quorum.
Mayor Ferre: Now we have got to get a quorum back.
Mr. Plummer: As soon as we get a quorum, Mr. Mayor, I am ready to
make a motion.
Mayor Ferre: We can now resume our discussion. We were on Item 7 when
we lost our quorum. Plummer was about to make a motion - the Chair
recognizes Commissioner Plummer.
Mr. Dawkins: 1 second it.
Mayor. Ferro: Seconded by Commissioner Dawkins for the upholding of
the Zoning Board':` rnotaon.
Mr. Plummer: Mr. Mayor, that of course is subject to a presentation
of the lease agreement for 30 years of the parking from the Off- Street
Parking Authority. I so move.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
•
RESOLUTION NO. 84 -479
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING
BOARD GRANTING A VARIANCE FROM ZONING ORDINANCE
9500, AS AMENDED, SCHEDULE OF DISTRICT REGULATIONS,
PAGE 5 of 6, GENERAL COMMERCIAL TO PERMIT CONSTRUC-
TION OF A•FIVE STORY OFFICE BUILDING (BUENA VISTA
OFFICE PLAZA) AT 215 NORTHEAST 36TH STREET AND 3601
NORTH FEDERAL HIGHWAY, ALSO DESCRIBED AS TRACT A,
SLK SUBDIVISON (122 -95), AS PER PLANS ON FILE, WITH
A FRONT YARD OF 0.0' (10' REQUIRED), AND A SIDE STREET
YARD OF 0.0' (5' REQUIRED) AND SUBJECT TO A CLASS C
PERMIT FOR OFFSITE PARKING. THIS VARIANCE HAS A TIME
LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT
MUST BE OBTAINED; ZONED CG -1/7 (GENERAL COMMERCIAL).
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
ABSENT: Commissioner Joe Carollo
Vice -Mayor Demetrio Perez, Jr.
APR 2 6 1984
l a
31. PETITION FOR OFFICIAL VACATION /CLOSURE OF N. W. 11TH TERRACE AS
DESCRIBED IN AG-10 APRIL 26TH MEETING PETITION OF METRO DADE
COUNTY. THIS MATTER T1 AS DISCUSSED AND WAS NOT TAKEN UP AGAIN.
Mayor Ferre: We are now on Item Number 10 -• street closure.
Mr. Whipple: Street closure in conjunction with the Culmer Station,
Mr. Mayor.
Mayor Ferre: Is there a problem with that?
Mr. Whipple: No, sir.
Mayor Ferre: Any objectors here?
Mr. Plummer: t want to ser that. Is he here? Have they got a
chart here on that thing ?...because I want to tell you something, Mr.
Whipple. I guess we approved the one at 32nd Road, and I've got to
tell you that is without a doubt one of the greatest triangle messes
that I have ever seen. I mean, you just now trying to go from one to
the other is just impossible. 32nd Road to Dixie - it is right there.
Well, I am talking, this is a Metro transportation station. What is
it they want to close? Is this all vacant?
Mayor Ferre:
Mr. Plummer:
north of that
(INAUD7BM: COMMENTS)
Mr. Dawkins:
Mr. Plummer: Yes, fine.
Well, what is it they want to close?
ll.th Terrace, which is the north side. What is to the
stxcet?
Mr. Plummer: Okay, what about ingress and egress to this property, is
my concern.
(INAUDIBLE COMMENTS)
Mr. Plummer: You all recommend it?
Mr. Whipple: Yes, sir. That ingress and egress will be from 7th Avenue
on that property, sir.
Mr. Plummer: I am not worried about ingress to them. I am worried
about ingress and egress to the rest of the people. 7th Avenue is
still a vital artery.
Mayor Ferre: Plummer, are you for it or are you against it, or do
you want to defer it?
Mr. Plummer: I want to move that it be deferr until I have a chance
to look at totally.
Second.
Mayor Ferre: There is a motion and a second. I'd choose to just
continue it until this afternoon, and you talk to them - is that
all right?
4
APR 2 6 1984
id
32. ACCEPT PLAT: "Mc xsEG. SUBDIVISION".
RESOLUTION NO. 84 -480
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice -Mayor Demetrio Perez, Jr.
Mayor Ferre: Take up Item 12.
61
Mayor Ferre: Number 11, plat acceptance. Any problems on that?
Plummer moves. Dawkins seconds. Further discussion? Call the roll
on 11.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
A RESOLUTION ACCEPTING THE PLAT ENTITLED MOISES
SUBDIVISION, 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 RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDI.
(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:
NOTE FOR THE RECORD: AGENDA ITEM 12 WAS WITHDRAWN.
33. ESTABLISH MAY 10TH AS THE DATE OF A PUBLIC HEARING TO CONSIDER
AFFIRMING A TIME EXTENSION AND AMENDMENTS TO "MIAMI CENTER II"
DEVELOPMENT ORDER.
Mr. Plummer: You had better wait on that one, because I haven't...Mr.
Mayor, I an going to ask that those items be deferred. I have now asked
for two successive months that research be done by the Administration
as to the original D.R.I. and I have not got a report.
Mayor Ferre: We are not going to miss any of legal rights against Mr.
Gould, are we, by deferring this?
Mr. Garcia- Pedrosa: Yes, Mr. Mayor, let me explain what I am recommend-
ing that we do with 12 and 13. I think that 12 should be withdrawn and
that 13 should be changed to .establish a ay 10th public hearing, and
Commissioner Plummer, whatever you might want to ask to be done before
then, of course, would be appropriate, but I think it is essential
that we do something by May 12th.
APR 2 6 2984
Mr. Plummer: Mr. City Attorney, why are you asking that it be advanced
from the 28th of June to May?
Mr. Garcia - Pedrosa: Okay, the problem is, Commissioner, that the
D.R.I. expires - the order expires on May 12th. It must be extended
prior to May 12th, and to me, it didn't make any real sense to have a
hearing on June 28th for an extension prior to June 28th, so what I
think we should do is...
Mr. Plummer: You are assuming that we want to grant the extension.
Mr. Garcia- Pedrosa: No, sir, I am simply saying that you should con-
sider it in a timely fashion, afford anyone who has any reason to come,
the opportunity to do so and consider it two days before the expiration.
If at that time you want to pass it, fine. It is timely and legal. If
you don't, well of course the matter dies then..
Mr. Plummer: I understand what you are saying, and I don't have any
problem with that. I've got a problem with the Administration who
will not give me what I asked for!
Mr. Geary: There is a discussion item, Commissioner. If you look, I
think it is Item 36.
Mr. Plummer: What does the backup: ? -.
Mr. Gary: The backup will be...
Mr. Plummer: I have none.
Mr. Gary: If I may, the backup will be here this afternoon. We will
be prepared to discuss it. It is being typed right now.
Mr. Plummer: Well, okay. Mr. Gary, you know, I am going to lay
right on top of the table my concerns. My concern is that these
developers in that area are ironclad for that money for the bifurca-
tion.
Mr. Gary: Exactly.
Mr. Plummer: I am putting that right on top of the record.
Mr. Gary: We agree.
Mr. Plummer: Well, we also got another problem to resolve.
Mr. Gary: That is why...
Mr. Plummer: No, no. We have got other problems to resolve, so I
don't want...let me tell you what I don't want to happen. You represent
Miami Center?
Mr. Yaffa: Yes, I do.
Mr. Plummer: All right, sir. Now, do yourself a favor. There are
a lot of legal questions that have been raised by your client, and I
want you to be prepared when this hearing, if it is May 10th, or when,
to answer those legal problems. One, air space. That problem, as far
I know, in the background and research - I hope the Administration has
done, was put to rest that that air space is the City of Miami's over
the streets.
Mr. Yaffa: I do not believe that is....
Mr. Plummer: Excuse me, I am saying that that was my belief. I could
be wrong, okay? But, you had better be prepared to address it. I am
also concerned about the iron clad monies for the bifurcation. I am
also concerned, (by the way sir, I want you to understand) not just
your client, but as it affects that area, okay? I am concerned al:out
f52
APR 261984
the downtown people mover station. I want that to be done in a re-
search, because it was my understanding that your client in particular,
felt that it was advantageous to have such a thing in his stop, and now
doesn't want to pay for it. I could be wrong, and if I am, I stand
corrrected.
That is incorrect.
Mr. Plummer: What I am saying to you is, so that I don't make a motion
on May 10th to defer this item, you had better be prepared to speak to
it, and be able to justify and make me or others understand, because
I definitely am going to bring up the issues.
Mr. Phillip Yaffa: If I may, my name is Phillip Yaffa, 300 Miami
Center, 100 Chopin Plaza, Miami, Florida. I am here representing
the Miami Center Limited Partnership. Resolutions 12 and 13 on the
board today, the way I was understanding it, 12 is a motion to extend
the expiration date of our development order by two years. Resolution
13, is just setting June 28th as a hearing date on which any amendments
that Mr. Gould would like to proffer to that development order would be
considered. We would not be prepared to make amendments to our develop-
ment order on May 10th, so the June 28th date - this was at the sugges-
tion and resolution was brought up today by Joe McManus. Now...
Mr. Plummer: Well, okay, what I am saying...let me tell you what I feel.
I feel that 12 should come after 13 is decided, because if we don't vote
to extend the D.R.I., 12 is out the window.
Mr. Yaffa: No, 12 would extend the development order. 13 would allow
Mr. Gould to petition this Commission to make any amendments that he
desires to that development order.
Mr. Garcia - Pedrosa: No, that is not right. 12, the way it is before
you on this agenda in this packet merely changes the number of years
from 2 to 4.
Mr. Plummer: Another 2, in addition to.
Mr. Garcia - Pedrosa: That's right. It extends the development order
by 2 years.
Mr. Plummer: Right.
Mr. Garcia - Pedrosa: There is nothing in 12, dealing with any other
change.
Mr. Yaffa: That's•right. That is correct. In other words, 12 would
extend the expiration date of the development order as it exists today,
by 2 years. The purpose of 13 was to advertise and set a date for
publice hearing of June 28th, in which any amendments that might be
necessary to that development order could be brought before the Commis-
sion.
Mr. Plummer: Sir, what I am saying to you, if this Commission does
not agree.
Mr. Yaffa: The petition does not extend if the Commission does not
extend the development order pursuant to Resolution Number 12, then
Number 13 would automatically fall, because there would be no develop-
ment order in existance to amend.
Mr. Garcia- Pedrosa: No, no. He has got it backwards. No, I think that
is backwards, Commissioner.
Mr. Plummer: That is exactly what I...
Mr. Garcia - Pedrosa: What,we are doing in 13, is to set a public hearing
on May 10th. At that time, the Commission will consider if you agree with
my recommendation whether to extend the development order or not. If the
development order is extended, then perhaps other amendments can be made
at a later date. If it is not,at is the end of it.
APR 2 6 1984
ld
Mr. Dawkins: Well, why...this has been before us ever since I have
been here, and I am quite sure Mr. Gould realizes that this development
order was running out. Why is it now, all of,a sudden, that you have
got to be so expeditious in doing this.
Mr. Garcia - Pedrosa: Well,..
Mr. Plummer: The D.R.I. runs out.
Mr. Gary: I understand that, but you still need to...
Mr. Garcia - Pedrosa: There are certain commitments, Commissioner
Dawkins, which the developer would be freed from if the development
order was permitted to expire.
Mr. Plummer: No, we could just defer both.
Mr. Garcia- Pedrosa: No, but you can't go past May 12th.
Mr. Plummer: Oh, I am sorry...
Mr. Garcia - Pedrosa:...because on May 12th...
Mr. Plummer: Defer 12 and we approve 13.
Mr. Garcia - Pedrosa: My suggestion is, withdraw 12...
Mr. Plummer: Okay.
Mr. Garcia- Pedrosa:...and change 13 and pass it, but instead of calling
in a hearing for June 28th, call it for May 10th for the purpose of
considering an extension of 2 years to the development order, period.
Mr. Plummer: So moved.
Mr. Dawkins: C)kay, I am going to second it for discussion. Okay, if
in the event that we still do not extend the development order, does
this still give the developer the right to go to court? I mean, what
is the difference in denying it today and denying it the next day?
That is what my problem is.
Mr. Garcia - Pedrosa: Well, procedurally, Commissioner, we feel that
there should be a public hearing on May 10th, when you consider the
matter.
Mr. Plummer: If his intent as a Commissioner is to deny the extension,
why defer it? Why act on it? Just move to deny it, period. That is
what he is saying.
Mr. Garcia - Pedrosa: Okay, so long as Commissioner Dawkins understands
that the developer has certain responsibilities, that if the development
order expires, he will no longer have.
Mr. Gary: Exactly, like the bifurcated...
Mr. Plummer: No, no. You are wrong, Mr. Gary! No, sir! He has
obligations to this City, irrespective of the D.R.I., even though they
were made in the D.R.I. He has an obligation for that bifurcation.
If his D.R.Z. runs out, well, so be it.
Mr. Gary: Downtown people mover too?
Mr. Dawkins: Is that right or wrong?
Mr. Plummer: That's right!
Mr. Dawkins: Is that or wrong?
Mr. Plummer: That's right!
Mr. Garcia - Pedrosa: I don't think that is right.
64
APR 2 6 1984
ld
Mr. Gary: I would disagree with that, Commissioner.
Mr. Plummer: That is what makes lawyers and ball games.
Mr. Gary: We don't agree with that. That why we wanted to extend it.
Mr. Plummer: Well then, let me tell you, if you don't agree with it,
buddy, you goofed up in the beginning, because irrespective, he had
two years in which he understood to complete his project, and those
matters were involved in that D.R.I., and he had an obligation - he
had other obligations - a $1,000,000 for the park, but I am not holding
him to that because that wasn't a part of this.
-Mayor Ferre: Can we come to a conclusion on this one, one way =the other?
Mr. Plummer: I'm going to do with the City Attorney. I am willing
to make that motion. I am saying what Commissioner Dawkins said.
Mayor Ferre: All right, Mr. Manager, what is your recommendation?
Mr. Plummer: My motion is not by the Manager, but by the City Attorney.
Mayor Ferre: Obviously.
Mr. Plummer: I move the recommendation of the City Attorney.
Mayor Ferre: Which is?
Mr. Plummer: To delete 12 and schedule 13 for May 10th.
Mr. Garcia - Pedrosa: For the purpose of considering an extension to
development order only.
Mr. Yaffa:
on May 10th.
Only, so there would be no amendments considered
Mr. Plummer: No, no, no I've got to know what those amendments
are!
Mr. Yaffa: There would be no amendments proffered on May 10th.
Mr. Dawkins: let us doing everything, you can do what you
want.
Mr. Plummer: My problem is, I want to know what those amendments
are before I grant a change. You are going to have both of them.
Mayor Ferre: All right, Mr. Plummer, are you clear with what the
City Attorney read into the record?
Mr. Garcia - Pedrosa: His motion is, Mr. Mayor, he has made it and I
think it has been seconded - that we withdraw 12 and that 13 stay
the same way it is now, except for the date.
Mr. Plummer Isn't that what you recommended?
Mr. Gary: Have 13 withdrawn.
Mr. Garcia - Pedrosa: Yes, that is what I recommended.
Mr. Plummer: That's what I move.
Mayor Ferre: Mr. Manager...
Mr. Dawkins: Now we can have discussion.
1
Mayor Ferre: Bold on. Mr. Manager, do you concur with the motion as
it is on the floor now?
Mr. Gary: Wait until I get some consultations with Staff.
65
APR 2 6 1984
id
Mayor Ferre: All right, while you are doing consultations, Mr. Yaffa,
I will recognize you to speak.
Mr. Yaffa: Thank you, Mr. Mayor. It would seem that the appropriate
vote would be to delete 13. We have now have in our possession, duly
authorized by this Commission, an approved development order. By
the terms of that development order, it will expire on May 12th, being
two years from the day this Commission approved it. The resolution
we are asking for, should the development order he extended an addi-
tional two years, allowing us an additional two years to commence
substantial construction of the existing development order. If Mr.
Gould, my client, wants to make any amendments to that development
order on the future, he would have to come before this body and seek
the determination approval of those amendments and let those amend-
ments that constitute a substantial deviation from the existing order,
so it would seem that the City Attorney's motion should be to delete
13, which was for the purpose, Mx. McManus proffered Resolution 13 to
give Mr. Gould an opportunity to make any amendments, if any.
Mr. Dawkins:... Yes Counselor, but, I voted, but I don't intend to let
him make more amendments, that is why I went along with my vote.
Mr. Yaffa: Fine, there is no...
Mr. Plummer: No, I might vote to let him make amendments.
Mr. Yaffe: But, what I am saying is that the development order, by its
terms will expire on May 12th.
Mr. Plummer: That's his problem.
Mr. Yaffa: No, the development order - we are asking this Commission
to extend the expiration date of the deveopment order by two years.
Mr. Plummer: And we are telling you that we are going to make that
decision on May 10th predicated on...
Mr. Yaffa: There might not be any amendments, Commissioner Plummer.
Mr. Plummer: Then you so state that.
Mr. Yaffa: No, I am prepared for them at that time - from their
perspective.
Mr. Plummer: Yes, sure, but I am telling you also, be prepared to
speak to the three items.
Mr. Yaffa: Among the possible amendments that might be considered,
and I am not sure that May 10th can be possible...because for instance,
the incorporation of a convention center within our Phase III parking
structure.
Mr. Plummer: We will speak to that at the appropriate time.
Mayor Ferre: And I have no problems with that, or a theatre or something
like that. I've got no problems with that, but...
Mr. Plummer: Counselor, I just outlined for you the three basic areas
of my concern.
Mr. Yaffa: And we are concerned with those issues as well.
Mr. Plummer, Well, they are going to be resolved on the 10th, or this
is going to be a negative vote of an extension. Now, what I am saying
to you, I think those riatt.ers need to be resolved, and put away!
Mayor Ferre: All right, is there...
Mr. Plummer: They are not amendments. Those were things that were
in the original D.R.I. and I think they have got to be addressed.
66
APR 2 6 1984
ld
NOES: None
Mr, Yaffa: I agree. Of the three points you raised, the only point
that I see as a possible point of contention, would be the ownership
of the air rights, and we have supplied the City, I believe, with
memorandums on our position. We have not...
Mr. Plummer: No, sir, that was not a letter of your understanding.
That was a demand and a mandate on the City.
Mr. Yaffa: Nov, I an going back, Commissioner...I am going back
two years now.
Mayor Ferre: We understand, Mr. Yaffa. We now have a motion and a
second, and we are waiting for the Manager's recommendation.
Mr. Gary: We support the recommendation of the Law Department.
Mayor Ferre: Further discussion?
Mr. Plummer: Call the question.
Mayor Ferre: Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 84 -481
A RESOLUTION ESTABLISHING 3:30 P.M. THURSDAY, MAY
10, 1984, OR AT A RECONVENED MEETING, FOR A PUBLIC
HEARING I"OR CONSIDERATION OF A TNO YEAR TIME EXTEN-
SION AND OTHER A?•EENDMENTS TO TIE MIAMdI CENTER II
DUPONT PLAZA PfiOJECT DEVELOPMENT ORDER (RESOLUTIONS
81 -840, SEPTEMBER 24, 1982; AND 82.71, JANUARY 28,
1982) , AND CONSIDERATION OF WHETHER SUCH AMENDMENTS
CONSTITUTE SU]3STANTIAL DEVIATIONS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
ABSENT: Commissioner Joe Carollo
Mr. Plummer: Counselor, I would appreciate, the three areas of my
concern, you are not bound and mandated as the Administration is, but
I would appreciate your addressing those matters to me in writing
prior to the meeting sufficiently that I have time to read and review.
Mr. Yaffa: I will attempt to do that, Commissioner.
Mr. Plummer: Appreciate it.
Mr. Yaffa: We are here in response to the public notice, and the
resolution of public notice, numbers 12 and 13. I note in looking at
the agenda that there an item number 36, it is labeled discussion of
Miami Center I. Now, this is an item that I am not aware of that we
have not been informed of. Since the agenda is running behind sche-
dule, may I ask...I.dQn't know what that item is about...
Mr. Plux er: All right, sir, let me clarify it for you.
67
APR 2 6 1984
Mr. Yaffa: Could you defer that item so I don't have to appear this
afternoon, after the...
Mr. Plummer: Sir, I will assure you there will be no action taken,
but no, I will not defer discussion. And what it is, is these three
points I raised to you, I asked the Administration to go back into the
minutes and get a clarification as to those three points and present
it to this Commission prior to voting on your 12 and 13, that is all
it is.
Mayor Ferre: We now have a...
Mr. Yaffa: Oh, I see, so...
Mr. Plummer: Excuse me, let me relieve your mind. I would instruct
the Administration at this time, that whatever backup material, which
ycu don't have ready now, that is this afternoon, that Counsel be
furnished a copy.
Mr. Yaffa: Thank you. Commissioner Plummer, is there a need for a
representative of Miami Center to be at the Commission meeting this
afternoon for Item Number 36?
Mr. Plummer: As the esker for information, I will assure you that I
will not make any motions for that.
34. PRESENTATION TO MR. FORTE.
Mayor Ferre: Ladies and Gentlemen, and Commissioner Plummer, in
support to a resident of this community, very kindly and very generous -
paid for and hosted a party at Vizcaya that we gave for the Mayor
of Nice and was attended by several hundred people at a sit down dinner,
and it was one of the nicer events that we have had. Miller and I and
Howard and those who went to Nice know how important it was to us to
be welcomed and you, when you have gone to Columbia and other places,
you know what it is to be welcomed in a community. Thanks to Mr.
Forte's generosity, this City gave a very effective and warm welcome
to the Mayor of Nice and his committee. Victor Azria has worked in
his usual talented diligent way, but never have I ever seen a series
of events carried out well without one, single, bad incident that I
know of, and Victor, it is a testimony to you, and we will be recognizing
you appropriately in the future, but at this time on behalf of the City,
a grateful City, I would like to make this presentation to Mr. Forte.
Mr. Forte, with the amount of money you spent, I want to tell you that
least we could do is have that framed for you, so Victor, if you will
make sure that in my office you have Virginia Godoy to have it properly
framed. Thank you.
35. APPEALANCES OF SEVERAL PERSONS IN CONNECTION WITH THE FORTHCOMING
C.O.T.A.L. CONVENTION TO BE HELD IN 1985 IN THE CITY OF MIAMI.
Mayor Ferre: Now, I would like to ask the President of C.O.T.A.L.
to please step forward. Ladies and Gentlemen, we are about to get an
event in Miami, whick in my opinion will make A.S.T.A. look small,
and that is saying a lot. This an event, in my opinion, that will be
more important than the A.S.T.A. event, and at his time 1 would like
to ask Cesar Odio who has been working diligently, and the other
members of the Comrnitee to please step forward with the people in-
volved and make the proper introduction for the statement that is
about to be made.
Mr. Cesar Odio: Mr. Mayer, three years ago, under the City Manager's
guidance, we were told to bring C.O.T.A.L. to Miami. This is one of
APR 2 6 1984
ld
major impact groups in the tourist business that we can bring to the
City in order to further our tourism business here. We were fortunate
enough to have met Mr. Recio and with his guidance, for two years now,
we have been going to the political process in Latin American. We
tried to get sufficient votes to become one City that C.O.T.A.L. will
be proud to come to. It is my pleasure to introduce Alberto Recio
who will make a formal announcement.
Mr. Alberto Recio: Mr. Mayor, first of all, I am the C.O.T.A.L.
and the council members that compose our organization are going to
bring you one salute from all of our members to you and
to the Commissioners too, and to inform you that after the decision
of El Salvador to perform next year's convention, we can accelerate
the process to have C.O.T.A.L. in Miami in 1985. On the May lth,
the Congress committee of our organization will arrive in Niami --•
to have the final negotiations with the Host Committee that you
nominated in order that we can in that way send all the information
about the Congress that we are having in 1985.
Mayor Ferre: Ladies and Gentlemen, to put this into the proper pros-
pective, the last time C.O.T.A.L.was in this community was in 1967.
They came to Miami Beach and was hosted by Miami Beach in 1967. 17
years have gone by since 1967.C.O.T.A.L. . has a changed a great deal.
It has become very, very,large - very, very, important. Miami has a
changed a great deal in 17 years, and the center of tourist gravity
has somewhat, to some extent to the southern continent, where last
year we received 2,400,000 from the Carribbean and Latin American in
Miami, and it is also moved within the community, because of the ad-
vent of 5,000 hotel rooms, new hotel rooms that have been built in
Miami in the last 5 or G years, that are under construction. The
last thing that I wanted to say was that A.S.T.A. was a t.I:emendous
achievement for this cornmuni.ty, and the liost Committee and the City
of Miami dicl, 1 think, and exceptional job. A.S .T.A., of course, is
the largest tourist organization in the world. It is my personal
opinion that C.O.T.A.L, is more important. It is more important be-
cause it speaks more in the tourism that we are receiving in Miami,
and as a consequence, I think that the repercussions, long term bene-
fits that we will receive by hosting C.O.C.A.L. here will be monon-
tarily, that means pocket money, money in the pockets of hotel owners,
taxi drivers, department stores - everybody are going to be substan-
tially enchanted, because of the presence of this distinguished group
of travel agents in the Carribbean and Latin American. I want to tell
you, Mr. President, that the City of Miami is honored with your presence.
We take seriously the responsbility of assuming and hosting C.O.T.A.L.
in May of 1985, and I want you to know, I heard rumors that there were
some problems 17 years ago. I don't know that there were or there
weren't, but I want you to know that when C.O.T.A.L.. leaves here in
May of 1985, it will have been the most successful gathering. We
hope that you will bring at least 5,000 - I understand that you were
going to bring 4,500. I would hope that you would have at least 5,000
agents and people present for that conference, and I want you to know
that we will go way out of our way to make sure that are happy and
that it will be a successful event. We thank you for having chosen
Miami. We feel very pained that El Salvador is going through some
difficult circtmstances that caused them to have to postpone their
gathering there and we thank you for having chosen Miami.
(INAUDIBLE BACKGROUND COMMENTS)
( INAUDIBLE BACKGROUND COMMENTS)
9
Mayor Ferre: I don't know whether anybody in the press has any ques-
tions. Are there any questions from the press?
Mr. Recio: Well, through the negotiations of Mr. Cesar Odio, but
heading here, I will say that Latin America mainly, and Miami too,
needs to rebuild the tourism industry. We need Miami as a destina-
tion, because it is a normal dsstination for the Latin American
countries and I think in Miami needs the Latin American people to
visit Miami. That was mainly the reason we had it in mind when we
discussed with Cesar Odio in two years ti,E possibility to cone to
Miami. We were thinking in 196.6 and through the situation of El Salvador,
we can accelerate it by a year.
APR 2 6 1984
ld
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mr. Recio: Well, I think that the economy is improved a little bit.
We have had a terrible and bad crisis, but I think there is always
money to travel, because travel is not only going and visiting a
city, it is part of our culture, part of heritage and I think the
Latin Americans are really convinced of that and Miami was always
one of the favorite places. 1 will say in concluding that had
you competed in 1982 in that we left to bring 4,000 people to
Torre Molinos in trtat city $10,000,000.
Mayor Ferre: Well, I guess those kind of figures speak for themselves.
I think so that we don't have any misunderstanding, you know, people
in the United States, and unfortunately that is true of Miami also,
don't understand Latin America very well. There are 300,000,000 people
that live south of the Rio Grande and they are not all poor. There
are many, many, perhaps over 100,000,000 people that have the capacity
to get on an airplane and come to Miami and spend hundreds of thousands
of dollars in one visit. I would like to point out to the press that
despite all of the problems of Latin America last year, we did have
2.4 million people from the Caribbean and Latin American come through
Miami, and if we did not have those people come to this community, it
would have been and it would be a disaster, not only in our tourist
industry, but in every industry in the economy of this town. I might
point out that the State of Florida had 39,000,000 tourists that came to Miami,
of which 3.2 million Americans and Canadians came to Miami and 2.4
million people from the Caribbean and Latin America came to Miami,
and so therefore, 33,000,000, Americans, North Americans and Canadians
who came to Florida did not come to Miami, but the State of Florida
recorded that they had 2.4 million visitors from Latin American and
the Caribbean, and therefore the conclusion is that every Latin
American and every Caribbean person that carne to Florida as a tourist
came to Miami. 1 wish the reverse was true. 1 wish that every North
American and Canadian that cane to Florida also came to Miami, but
that is not the case, and therefore, 1 must say, so that we understand
clearly, that the most important tourism that we have is the Caribbean
and Latin America and it is the most important thing that we have to
protect it then, and to extend, and I can't tell you how important the
C.O.T.A.L. gathering here will be on May 15th. We look forward to it.
Yes, sir?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Ferre: Well, I would like to at this point recognize and thank
Jeanne Westphal and Metropolitan Dade County and I see Manny Centano
is here, and Miss - from State of Florida. I would like
them to say a few words also. Manny, I see you in the audience, and
I want to take the opportunity to say that I know of no person in
this community that has over a longer period of time worked harder,
or done more for tourism and well -being between the people of Latin
America and the Caribbean and this community, and I want to tell you
how very proud we are. You are real live hero as far as I am concerned,
for all of us. At this time, I would like to recognize for the State
of Florida, Miss Herman.
Miss Herman: Good afternoon. Latin America is very important for all
of Florida. Miami is part of Florida, of course, and we consider
where all Latin Americans come in, we would like to see more of them,
and the State will do everything possible to increase the number of
people from Latin America and the Caribbean coming to Miami and Florida.
Thank you.
Mayor Ferre: At this time, I would like to recognize the very able
leader of the Metropolitan Dade County Tourist Department, Jean Westphal.
Ms. Jean Westphal: We, in all of Dade County are delighted to have the
opportunity next year to'.,have the C.O.T.A.L. Convention here. Our
efforts in Latin America have been very aggressive and certainly with
the assistance of Manny Centano, whom you all know, he has been criss-
crossing Latin America, working closely with the State, attending trade
70
APR 2 6 1984
ld
shows, visiting travel agents throughout this past year, and certainly
in the future, in 1985, he will be down there promoting ottendance to
this meeting. We look forward certainly, working closely with all of
our colleagues in Latin America, and certainly everyone in Dade County
will be doing their best to make the visit a very successful one.
Thank you.
Mayor Ferre: Thank you very much for your presence here today.
THEREUPON, THE CITY CO ?MISSION WENT INTO A BRIEF RECESS
AT 12:30 P.M., reconvening at 3:40 P.M. at Fairlawn Elementary
School, 444 S. W. 60 Avenue. All members of the City Commission
were present except for: Commissioner Joe Carollo and Vice -Mayor
Demetrio Perez, Jr.
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APR 2 61984
NOTE FOR THE RECORD: A WELCOME WAS EXTENDED BY MPS. BETHEL AND
STUDENTS OF FAIRLAWN ELEMENTARY SCHOOL, 444 S.W. 60TH AVE., WHEN
THE CITY COMMISSION RECONVENED AT 3:40 P . M .
36. MEMBERS OF AMISTAD REQUESTING $30,000 IN CONNECTION WITH THE
VISIT OF THE U.S. PORTLAND, A NAVY LANDING SHIP, IN CONNECTION
WITH THE "AFRO FEST ". REFERRED TO THE CITY MANAGER.
(BEGINNING OF ITEM MISSING DUE TO TECHNICAL DIFFICULTY WITH RECORDING
SYSTEM)
Mr. Craig Williams: The only thing that we are requesting is that we
have some action in regard to funding to help us with bringing...
Mr. Plummer: Oh, I'm sorry, I thought you were finished. I will
hold mine.
Mr. Williams: We want the City Commission to act on some immediate
funding so that we can bring about a celebration here in regard to
this arrival of the ship. Now, that's what I would like for the City
Commission to address.
Mr. Gary: Mr. Mayor, I cannot recommend funding at this time until
the staff has had an opportunity to evaluate this proposal. The
request says... I understand it as fifty -two thousand dollars an d
obviously that's a significant amount of money and we really need to
evaluate this proposal and make a decision.
Mayor Ferro: Alright.
Mr. Walter Pierce: T just wanted to put into the record, Mr. Mayor
and members of the Commission, that we have been... Mr. Williams
appeared at t :he April 5th meeting at Colmstock Elementary.
Mayor Ferrer: Yes, sir, I remember that.
Mr. Pierce: We have been saying to them since the end of March to
complete all of the procedural requirements for special funding
review and they have not done that in any instance for any proposal
they have made.
Mr. Williams: Let me address that. Simple when we came before April
5th we explained that we did not have time, everybody in my office
was out. We were given that request only a couple days prior to
coming here. Now, this documentation we have just received. This
morning we had the United States Navy represented here with us
and we did not have an opportunity. We just received this in the
mail to get this to the City Manager or anybody in City Government
and the only thing that we are asking at this time is that we know
within three days whether or not... what the recommendation of the
City Manager is if we get him the necessary information.
Mayor Ferre: Mr. Manager, on a related type of an item. The day
before yesterday I went during lunch time to a Brazilian training
ship that was in port with over six hundred Brazilian sailors. They
had previously... their previous port of call was Port Everglades and
the reason they were going to Port Everglades is because they did
not feel very welcome in Miami and the City of Fort Lauderdale and
Port Everglades on the other hand had gone out of their way to be
very personable about their welcome. As you know the U.S. Navy brings
in many ships into Port Everglades and it means millions of dollars
into the economy of Fort Lauderdale. I mentioned it to the Captain
of the ship and he said well he would hope that this time things would
be a little bit better. I frankly almost didn't go to the lunch and
there were no representatives from Dade County or the Port, even
though they had been invited and fortunately, Margery Soralez insisted
that I go and 1 went complaining because 1 didn't want to go, but
then I found out. Well, thank God T went or it would have been a
high offense to those people and we would have lost that ship in the
future. I think that we have got to do a better job. I see now that
the U.S.S. is coming into town. Is it U.6....
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72
APR 2 6 1984
Mr. Williams: Portland.
Mayor Ferre: Portland. I'm sorry. The Portland. And I think its
important somehow that somebody in staff actually function... It's
not our job really, because it really is the Port of Miami just like
is Port Everglades, but I really think we have to have a liaison like
Fort Lauderdales has with...
Mr. Plummer: Well, we have got Stuart Sorg.
Mr. Gary: That's Stuart Sorg. He is doing that now.
Mayor Ferre: But Stuart Sorg is in the Navy now on active duty for
the next two months.
Mr. Gary: Yes, but this Commission assigned that responsibility to
Sorg. He has been having a number of meetings with the U.S.S. Navy.
I have had two with them, as well as he has a private... a group of
private citizens, business people who are working on a...
Mayor Ferre: And I'm not questioning his ability, but I think the
point is that we also need to have somebody in staff in the City of
Miami that acts as liaison. I don't care who it is. You assign it
to somebody who a relationship with the Navy somehow, but I think we
need to get somebody on staff, you know, get somebody from the Police
Department who deals with the Coast Guard. I don't know who, but I
think we need to have somebody that is identifiable who is responsible
on staff for relationships with the Navy and the Coast Guard and with
these vessels that come in here continously. Anyway he is off for
two months now. He is out frog... you know, frogging or something.
He says he is going for two months on active duty.
Mr. Dawkins: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Dawkins: I would like to say... what's your name sir?
Mr. Williams: Craig Williams.
Mr. Dawkins: Mr. Williams, we have a Manager who has to manage a total
City of Miami. All day this morning if you sat in the City Commission
Chambers you heard us jump up and down on the Manager because things
are late. We cannot get them. And now you, sir, not because you don't
know any better, but because you are in a hurry. Now, you want the
Manager to drop everything that he is doing and give you an answer
in three days and we the Commissioners sit up here and let you make
such a demand on the Manager and do not let you know that City Government
does not operate like that, sir. If the Manager were to drop everything
that he is doing and then get this done for you in three days, then
someone else out there is going to get angry because we didn't drop
things and do it for him. So, what I'm saying is I'm with you a
hundred percent, but I'm not about to sit up here and let you make a
demand on the Manager for an answer in three days know damn well you
can't get it.
Mr. Williams: Ok.
UNIDENTIFIED SPEAKER: May I make a comment.
Mr. Dawkins: Ok.
Mr. William: At, tmistad we dedicated to trying to make
Miami a better place live. That's why we came up with the proposal
for the entire exhibition. I know full well that you can count the
seeds in an apple, but you can't count the apples in a seed and right
now we are trying to plant seeds for this Community wherein we can
reel finance benfit. We are talking about a hundred, three hundred
sailor being here and if promoted correctly with the City of Miami,
we are talking about perhaps over a hundred thousand people showing
up for this... this is a major event. We are not talking about giving
1
or trying to put any undue pressure on anyone, on Mr. Gary or anyone
else.
Mr. Dawkins: I don't look at it like that. I'm not saying... I don't
think that you are trying to pressure any of us into doing anything
that we shouldn't be doing. That's the first thing I want to get
clear, but I want you and everybody else in the City of Miami to
understand that managing the City of Miami is a full -time job and
when you or anybody else come before this Commission and make a
request, it has to go through the procedures, governmental procedures.
So, what In saying to you is I'm not going to let you leave here
thinking a lie that in three days you are going to get an answer.
I'm not going to let you leave here doing that when I know that such
a thing is not going to happen. Go ahead.
Mr. Plummer: You better understand so you will not go away misled.
This Commission doesn't meet again until the tenth of may. So, that's
the earliest that you can get a definite answer. Let me ask this
question. Sir, I did not see any of the letters or the written docket.
May I ask, do you represent a group?
Mr. Williams: We represent a company Amistad Star Promotions. We
started...
Mr. Plummer: Alright, sir, my basic question to you, is this a non-
profit group?
Mr. Williams: No, it is not a non - profit group.
Mr. Plummer: Alright, sir, so you expect to make money.
Mr. Williams: We do, but we will not make money on the ship's arrival
here.
Mr. Plummer: Alright, sir, if money is made by the venture is any
funds expended by this City going to be returned?
Mr. Williams: Yes, of course. If we are a cooperation here, we
certainly return money here to the City.
Mr. Plummer: No, sir. If this Commission give a grant of money for
ten thousand dollars and the venture makes fifty thousand dollars.
Mr. Williams: Then you got your ten thousand dollars back.
Mr. Plummer: That's all I want to know. Thank you, sir.
Mr. Williams: Now, as you know the ship will be here on the 8th.
The next you meet is on the llth you are telling me.
Mr. Plummer: 10th.
Mr. Williams: The 10th?
Mr. Plummer: Yes, sir.
Mr. Williams: How can we get some action on this prior to that?
Is that impossible.
Mr. Plummer: Less the Mayor calls a special meeting.
Mayor Ferre: If the Manager concludes and feels that this warrants
a special meeting, I would call a special meeting, but I don't
frankly, think that's going to be the case.
Mr. Williams: Ok.
Mayor Ferre: I need to tell you that up front.
Mr. Plummer: Let ire ask this question, what is the neighborhood of
what you are requesting for the donation or grant?
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74 APR 26 1984
`:::tm -rte 2.117 `;'z
Mayor Ferre: Fifty -three thousand dollars, 1 think.
Mr. Williams: The Maritime exhibit
Mr. Plummer: What are you asking of the City, sir?
Mr. Williams: Twenty --nine thousand six hundred dollars.
Mr. Plummer: That's thirty thousand dollars.
Mr. Williams: Yes, sir.
Mr. Plummer: That's what I needed to know. Thank you.
37. DISCUSSION ITEMS: CONTRACT WITH THE ROUSE COMPANY CONCERNING
BAYSIDE.
Mr. Plummer: I have another item Mr. Mayor.
Mayor Ferre: Go ahead.
Mr. Plummer: Mr. Mayor, I want before the Manager brings back the
finalized contract from Bayside, Rouse and Company. I want a letter
from those people fully stating that they understand fully well that
this City puts on a Grand Prix Race. This City continues or will
expect that that race will continue and as called for in the RFP they
will respect that track and that the Grand Prix will be able to exist.
Mayor Ferre: The Grand Prix?
Mr. Plummer: Yes, sir.
Mayor Ferre: When does the Grand Prix run?
Mr. Plummer: The last of February. There is discussion that it might
be changed a week one way or the other, but it's February, usually the
last weekend in February.
Mayor Ferre: How much money did we put into the Grand Prix?
Mr. Plummer: This year?
Mayor Ferre: Yes.
Mr. Plummer: Mr. Mayor, that would be hard to determine because we
did some in house repairs.
Mayor Ferre: Well, roughly.
Mr. Plummer: Oh, no, no. Thirty, Forty Thousand dollars.
Mayor Ferre: We put in thirty to forty thousand dollars?
Mr. Plummer: Yes, sir. And we will get more than that back this year
it is my understanding from concessions.
Mayor Ferre: But last year we put in how much?
Mr. Plummer: Last yeas, a hundred thousand.
Mayor Ferre: So, we are putting in less this year than we did...
Mr. Plummer: Oh, yes. And it will be less every year.
Mayor Ferre: And we bought some...
Mr. Plummer: The bleachers?
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•
A hundred? Two hundred.
75
APR 261984
Mayor Ferre: No, no, not bleachers.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: No, sir. we never bought them and the reason we never
bought was they never took advantage of that request for a loan. You
made a notation that they had to have a personal surety bond which they
could not get and as such the City never bought them.
Mayor Ferre: So, our investment was a hundred thousand of the first
three hundred thousand.
Mr. Plummer: That's correct.
Mayor Ferre: How much did Metropolitan Dade County put in?
Mr. Plummer: A hundred thousand dollars.
Mayor Ferre: This year too?
Mr. Plummer: Yes, sir.
Mayor Ferre: So, they put in more than we did.
Mr. Plummer: They put in a flat grant from the TDC.
Mayor Ferre: For this year.
Mr. Plummer.: Yes. Well, what do you mean this year? The race past
or the race coming.
Mayor Ferre: Race past.
Mr. Plummer: ?es, sir a hundred thousand dollars.
Mayor Ferro: And we put thirty thousand.
Mr. Plummer: A hundred thirty, yes, sir.
Mayor Ferre: Oh, we put a hundred thirty?
Mr. Plummer: No, no. A hundred last year and thirty this year.
Mayor Ferre: We put in a hundred for the race that just passed?
Mr. Plummer: No, we put in thirty...
Mayor Ferre: I got you. Ok. Two years ago we put in a hundred, this
last february we put in thirty.
Mr. Plummer: Of which the most of was in- house, in -kind services.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: The street shadings.
Mayor Ferre: The Grand Prix uses the Miami streets and it's a great
event. I have been and will be supportive of it. One of the reasons
I feel strongly about it is because we get so much wonderful television
coverage don't we. Now, how many people you think watched that?
Mr. Plummer: I will tell you the estimate used by them of four hundred
million plus. This year it went to all of Latin and South America,
Europe, Africa and Asia.
Mayor Ferre: And what are the estimates of Americans watching it in
good old U.S.A.?
Mr. Plummer: In the sun belt this year Mr. Mayor, there was an estimate
I think of some where around fourteen million.
Mayor Ferre: Fourteen Million?
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76
APR 26 1984
Mr. Plummer: Yes. sir. Now, they almost negotiated for last year's
race it is for this year on the full ESPN Cable Network which is an
additional two hundred fifty-- eight in the United States.
Mayor Ferre: Would you say Commissioner Plummer, you feel the same way
about that as you do about Miss Universe?
Mr. Plummer: No, sir.
Mayor Ferre: There is a difference?
Mr. Plummer: Yes, sir.
Mayor Ferre: Well, what is the difference?
Mr. Plummer: There is a big difference.
Mayor Ferre: What would that be?
Mr. Plummer: Let's start with the individuals whom we are dealing with.
Mayor Ferre: Oh, ok. In other words it's based on who, not what?
Mr. Plummer: No, sir, I said let's start there.
Mayor Ferre: Ok. Alright, well, let's... I don't mean to hold you up
on it. Shall we continue?
Mr. Plummer: In the Herald editorial the Sport Grand Prix is against
Miss Universe.
Mr. Dawkins: Mr. Gary?
Mr. Gary: Yes, sir.
M.r. Plummer: Well, wait a minute. Excuse me. You understand Mr.
Gary, that I want a letter back from Rouse's Company acknowledging and
accepting the fact that Grand Prix is going to continue?
Mr. Gary: Correct.
Mr. Plummer: Ok.
Mr. Dawkins: Mr. Gary, when will the RFP be let or accepted from Bayside.
Mr. Gary: Well, I have got to let you know that we right now have a
contract that is probably as thick as your agenda today and we are in
the process of negotiating that final contract with the lawyers and
the Senior Excutive Vice - President of Rouse. I would say that we are
about ninety percent there.
Mr. Dawkins: Well, I have some very...
Mr. Gary: I would also like to say too, that... Well, go ahead.
Mr. Dawkins: No, go ahead, Mr. Gary.
Mr. Gary: That's ok.
Mr. Dawkins: Well, I have some concerns and I need some issues answered
and I would like to get with you and if your staff cannot answer... I
mean if you do not have the staff, I'm going to hire someone to do me a
study, because I have some very strong things that I would like to
inject, whether it goes into the RFP, into the contract or not, but
I do have some concerns regarding the Bayside Project.
Mr. Gary: Yes, sir.
•
Mr. Dawkins: So, I need to know when you plan to have the final RFP
out or in or whether...
Mr. Gary: Well, I would like to say that we are breaking all kinds of
records in terms of finalizing this contract compared to what they have
APR261984
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done in other cities and we are optimistic that... or I will put it
this way. We have step as a target that we will have the contract ready
for the second meeting in May.
Mr. Dawkins: Second reading in May?
Mr. Gary: Second meeting in May. They should have... If I may...
Mr. Dawkins: So, anything that I want to discuss with you I have got
to do it before the second reading in May?
Mr. Gary: No, you don't. The mere fact that the contract has got to
come before the Commission for the City Commission to review it and
to make any kind of continents or adjustments they deems appropriate and
we can make the changes after that time.
Mr. Dawkins: And that... well, when is the contract coming before us?
Mr. Gary: As I said we have set as a goal May 24th and we are pushing
now to solve it in that time e.ren though they feel that negotiations
is a short period of time.
Mr. Dawkins: Negotiate all the time you need. I have no problem with
that. Ok.
Mr. Gary: Well, we are trying to do the same thing that we did with
cable, come up with the best contract. The contract was good.
Mr. Dawkins: What good was the contract. They still evaded whatever
was in the contract. So, what you wasting your time for. Just give
them the kitchen sink and forget about it.
NOTE: VICE -MAYOR DEMETRIO PEREZ, JR. ARRIVED AT 4:00 O'clock P.M.
NOTE FOR THE RECORD: AGENDA ITEMS 44, 45, 51 and 70 ARE WITHDRAWN.
38. AUTHORIZE CITY MANAGER TO ATTOCATE $10,000 AS CONTRIBUTION TO
"CUBAN ASSOCIATION OF ACCOUNTANTS IN EXILE" IN CONNECTION WITH
THEIR CONVENTION TO BE HELD IN THE CITY OF MIAMI IN AUGUST, 1984.
Mayor Ferre: 33.
Mr. Plummer: 33, there is someone here.
Mayor Ferre: I see Mr. Sanson on Item 33. Alright, Mr. Sanson.
Mr. Sanson: Mr. Mayor, Commissioners, I remember that I heard Mayor
Ferre once say that the City of Miami should have quality conventions.
Today I'm here to tell you all that we will have one of the greatest
conventions of accountants from all the twenty -two countries of America,
including United States and Canada.
Mayor Ferre: Mr. Sanson, would you allow me to help a little bit?
Mr. Sanson: Yes, sir.
Mayor Ferre: How many accountants would come here?
Mr. Sanson: We figure five thousand.
Mayor Ferre: Mr. Sanson, let me ask you a question. When is this going
to be?
Mr. Sanson: It's going to be August 19th to the 23rd of next year.
Mayor Ferre: Of next year. Alright, how much are you asking of
Metropolitan Dade County?
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APR 261984
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Mr. Sanson: I'm asking... I will ask Metropolitan Dade County the same
amount I'm asking City of Miami.
Mayor Ferret Which is how much?
Mr. Sanson: Ten thousand dollars.
Mayor Ferre: Ok.
Mr. Plummer: Where will the event be held?
Mr. Sanson: Where, here in Miami.
Mayor Ferre: Where, where, what hotel?
Mr. Sanson: At the Hyatt.
Mayor Ferre: Is there...
Mr. Plummer: Are you using the City of Miami Convention Center?
Mr. Sanson: Yes, sir. It's already blocked.
Mayor Ferre: Is there a motion?
Mr. Plummer: So move.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Terre: 1 "urther discussion? It's been moved by Plummer, Seconded
by Dawkins, under. discussion. Alright, call the roll.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE AN AMOUNT NOT TO EXCEED $10,000 AS A CONTRIBUTION
TO THE "CUBAN ASSOCIATION OF ACCOUNTANTS IN EXILE" IN
CONNECTION WITH THEIR CONVENTION PLANS TO BE HELD IN THE
CITY OF MIAMI IN AUGUST 1985.
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.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Mr. Gary: Mr. Mayor.
Mayor Ferre: Mr. Manager.
79
MOTION NO. 84 -482
39. AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT WITH RICHARD
ROSICHAN FOR DIRECTOR OF "COMMITTEE FOR RESPONSIBLE BONDS FOR
PEOPLE AND PARKS ".
Mayor Ferre: We are now on Item 34, Mr. Rosichan, a companion to Item
51.1. •
APR 261984
Mr. Gary: Mr. Mayor, I have given you a substitute contract and
agenda item which basically modifies the compensation from one thousand
dollars for five months fulltime to two thousand dollars per month.
This is a contract Mr. Mayor, that will allow us to establish a committee
that will be staffed by the person of Mr. Richard Rosichan, who would
work fulltime and in informing the public as well as the media of the
proposed bond issues. This is to last for five months, two thousand
dollars per month not to exceed ten thousand dollars.
Mayor Ferre: Alright, any questions?
Mr. Plummer: Is this the Maurice Ferre Task Force?
Mayor Ferre: Alright, who makes the motion?
Mr. Plummer: I do, Mr. Mayor.
Mayor Ferre: Is there a second? Further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
Upon being seconded by Commissioner. Dawkins the resolution was
passed and adopted by the following vote-
AYES:
NOES: None.
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ABSENT: Commissioner Joe Carollo
RESOLUTION NO. 84 -483
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A
CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH RICHARD
ROSICHAN TO SERVE AS THE DIRECTOR OF THE COMMITTEE FOR
"RESPONSIBLE BONDS FOR PEOPLE AND PARKS "; ALLOCATING THEREFOR
AN AMOUNT NOT TO EXCEED $10,000 FOR SUCH SERVICES FROM SPECIAL
PROGRAMS AND ACCOUNTS CONTINGENT FUND.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Commissioner Miller. J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
40. DISCUSSION ITEM: URBAN DEVELOPMENT ACTION GRANT.
Mayor Ferre: 37.
Mr. Gary: Yes, Ms. Spillman.
Mayor Ferre: I'm talking about members of the public.
Mx. Gary: No.
Mayor Ferre: Alright. Mr. Padreda are you here on this item?
Alright, go ahead Dena Spillman.
Ms. Spillman: Commissioners, we are very pleased to be here reporting
on UDAGs today because it's very timely in the sense that we just
received approval of the Airport Seven UDAG Grant which we submitted
last round. This project is in Flagami. It will be the first
federally funded project that we have undertaken in this neighborhood.
It is located at Northwest 7th Street and 51st Avenue. I just want to
take a minute and review with you the terns of this agreement. The
total cost of the project is 8.9 million dollars, the UDAG loan that
we will be giving the developer who is a corporation called Airport
8
APR 2 6 1984
Fifty Forty headed up by Camillo Padreda, who you see sitting before you.
The loan is in the amount of 1.4 million. I'm not going to go over all
the terms, but as you can see the return to the City is a total of 6.3
million dollars based on an investment of zero from the City. So I would
say that's pretty good leverage and we are very pleased with this grant.
As you... the chart over there just graphically illustrates the return
and shows you that we are going to have four hundred new jobs in the City
of Miami as a result of this program.
Mayor Ferre: For how long will we have four hundred new jobs?
Ms. Spillman: These are permanent jobs, Mayor.
Mayor Ferre: These are not construction jobs?
Ms. Spillman: No, sir.
Mr. Dawkins: In what neighborhood?
Ms. Spillman: Flagami. In this people...
(BACKGROUND COMMENT INAUDIBLE)
Ms. Spillman: These will be everythin^_. from presidents of small companies
down to maintenance workers. The whole gamut of people who operate and
work in and least space in an office building. There will be a bank
operation, a drive -in bank. There will be tellers.
Mr. Dawkins: This is no reflection on you Dena, but this is for the
public. We got high unemployment and when a person gets up and say
401 jobs everybody in the community gets the idea that we are
helping unemployment. This doesn't do a thing to the high unemployment
in our area. That's the only point I'm trying to make Dena. That's
all.
Mayor Ferre: Alright, anything else, Dena?
Ms. Spillman: I just wanted to... you have a memo in front of you which
tells you that we are working on at least eight UDAGs at this time for
the next round. We are also working for another one in the Model City
area, a shopping center called "Sun Plaza, Inc." and I would like if
you could at this time consider Item #62.
Mayor Ferre: Go right ahead.
Ms. Spillman: I would like you if you could now to consider Item #62
which is an Urban Development Action Grant application on behalf of the
Overtown Ecomonic Development Corporation.
Mayor Ferre: No, Ma'am. No, Ma'am. We are dealing with one issue.
We are going over issues where members of the public are here. Now,
is this... are there members of the public here on that?
Ms. Spillman: I believe Mrs. Chapman is here on that.
Mayor Ferre: No, but I mean the point is don't we have to approve
this UDAG application, Ms. Spillman?
Ms. Spillman: Pardon me.
Mayor Ferre: You don't need a vote on this?
Mr. Plummer: We already :save, Mr. Mayor.
Ms. Spillman: No, this... you don't have to vote on this one at all.
Mr. Plummer: This one has already been awarded.
Mayor Ferre: Well, why is it before us?
Mr. Plummer: To let you know the results.
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81
APR 2 6 1984
Mayor Ferre: Informational.
Mr. Gary: Yes, you asked for a status report at the last meeting for
this meeting.
Mayor Ferre: So, we are now concluded with Item 37, is that correct?
Mr. Plummer: No, this is beautiful, it's great and that s Airport
Seven. I would like to know where is Seaport Eight?
Ms. Spillman: The Port Project?
Mr. Plummer: Yes, you know, you are talking about numbers just as big
as this one, as many jobs and yet I don't hear anything except negativism.
Why isn't that matter not before us?
Mr. Gary: If I may remind you, the last two meeting the developers
themselves asked for this item to be postpone and for us not to put
it back on until they came back before us.
Mr. Plummer: Well, I would hope before UDAG money runs out, Howard, they
haven't had things of doing, that we will not even though it's on the
Port that we would be the sponsor and get behind it and get that grant
here. So, I would hope that they would move..
Mr. Gary: He is here now.
Mr. Plummer: Camillo. Well, he is not the developer.
(BACKGROUND COMMENT INAUDIBLE)
Mr. Plummer: But you are part of the group.
Mr. Camillo: They arc working right now with Dade County in regard of
the contract and thc lease. Before they have the lease finalized there
is no way you can control it.
Mayor Ferre: I want you to understand and I want to put this on the
record, that the whole business establishment on Flagler Street and
everybody in Downtown and all those hotel owners and Skippy Sheppard
and all these store owners are all against it and when that thing comes
up you are going to have four people here screaming. So, it's
not that easy. I'm telling you on the record that I'm not necessarily for
it.
Mr. Plummer: That's fine. It doesn't necessarily have to be a hotel.
Ok. It can be an office which are accessory uses to the Port, which are
now not having the availability, which would reduce traffic on the Causeway
tunnel. All I'm saying to you the hang up when before this Commission
before was the size and the shape of the building. That matter has still
got to be resolved whether you get a contract, whether you get a lease,
whatever you get the stumbling block before this Commission was the size
and the shape. I hope you are addressing that.
Mr. Camillo: I will let the group know about that and...
Mr. Plummer: Evelio, let me tell something, you know, how
suddenly over night money dries up in Washington.
Mr. Camillo: Yes, sir.
Mr. Plummer: I want to get this grant and all others that we can get
in before it dries up.
Mr. Dawkins: My two problems still remain and that is coming back to
where we say jobs, there will be no permanent jobs other than those
jobs that are on the ship I don't want anybody telling me that
the people who are going to pet off the plane at the airport, board a
bus at the airport and get on a ship at the doc} ; is going to spend one
night in one hotel and telling ine that we are going to have this many
hotel rooms. So, have that cleared up when you come before me. Ok.
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APR 26 1984
Mr. Camillo: That's correct. Thank you.
41. ACCEPT IN PRINCIPLE THE CONCEPT OF "AMBASSADOR SQUARE MARINA ".
Mayor Ferre: We are now on Item 49. Alright, Mr. Paul.
Mr. Dan Paul: Thank you, Mr. Mayor. My name is Dan Paul, 1300
Southeast Bank Building. I'm here today representing Ambassador Marina,
Inc. and we are here only for an approval in principle of the extension
of the marina at the Four Ambassadors. The plans have all been approved
by departmental reviews, the Planning Department, the Zoning Department
and the Public Works Department, the Army Corps of Engineers, the State
Department of Environmental Regulations and Dade County. And of course,
when you come for a variance you have an opportunity to take one further
look at it, but in order for us to proceed with the State of Florida
we need a resolution approving in principle from the City so that when
we go to the DNA for the lease of the bottom land it will be approved...
it will show the City's approval.
Mayor Ferre: Let me understand this right. You are not here for zoning
and you are not here...
Mr. Paul: No.
Mayor Ferre: All you want is for us to approve the usage of the bay
bottom land so that you can extend the marina?
Mr. Paul: No, we are not even here asking you to do that. Only to
approve the project in principle so that the State of Florida, which
is the agency that has to do with bay bottom land.
Mayor Ferre: Mr_. Manager, what's the staff's opinion on this?
Mr. Gary: Mr. Mayor, this is a State law that requires some recognition
on the local government's part that they want the project to proceed.
That does not mean by the way that our staff has approved this concept
nor the City Commission has approved in order that you are bound in
terms, as Mr. Paul said, from reviewing this matter when they come for
a variance and...
Mayor Ferre: Mr. Manager, having said that, what's your recommendation?
Mr. Manager: We recommend that we allow them to proceed to file.
Mr. Plummer: Let me ask a question. It is my understanding that our
present laws will allow him to go twenty -five feet. Is that correct?
Mx. Gary: Correct.
Mr. Plummer: Have they got a variance to go beyond that yet?
Mr. Gary: That's what they have got to come back to you for and just
because you allow them to proceed to file with the State does not mean
that you have to agree to allow them to exceed the twenty -five feet,
nor does it mean that you have to deny it either. You still have a
right to vote your convictions when they bring it back to you for a
variance.
Mr. Plummer: Well, I don't have any problem. It just seems like to
me that ludicrous that if we approve it here now and then disapprove
it later...
Mr. Gary: No, you are approving it in _-principle and that State law
this is not first time you have dealt with this. I think Stanley Price
had one with Bay Point lace where we did the same thing which permitted
them file and go through the process whereby all the information comes
to you for the variance and at that time you can reverse yourself if
you wanted to.
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APR 26 1984
Mayor Ferre: Is there a motion?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: I mean, I don't know. Does it go out fifty feet, a hundred
fifty feet? I don't know how far.
(BACKGROUND COMMENT INAUDIBLE)
Mr. Plummer: Ok. But what I'm asking is, how far are you going when
you come back again and ask us for a various?
(BACKGROUND COMMENT INAUDIBLE)
Mr. Plummer: Two hundred ninety -nine?
(BACKGROUND COMMENT INAUDIBLE)
Mr. Plummer: Two hundred one.
Mayor Ferre: But that's not before us now.
Mr. Plummer: No, sir. but I want to tell you, you know, if their
proposal is very very much over what is allowed I'm going to tell tnem
no now and save a lot of trouble.
Mr. Paul: Commissioner Plummer, right now we extend two hundred six...
will extend two hundred sixty -four feet beyond the twenty -five. however,
there is an existing marina in this area and it's been there since 1969...
Mr. Plummer: I'm very much ware.
Mr. Paul: ... which extends beyond the twenty -five feet already.
Mr. Plummer: I'm very much aware.
Mr. Paul: What this marina has been... what this expansion of this
existing marina has been proposed for along with boat slips for the
public at large, there is a section of bay walk which is very important
for the City of Miami bay walk and this is the main access point. The
Four Ambassador provides the main public access to the bay walk in Downtown
Miami. This is also part of the overall marina design. It's a...
Mr. Plummer: But how far does the from the sea wall out.
Mr. Paul: It's two hundred sixty -four feet from the... two hundred
ninety -seven feet total from the existing sea wall.
Mr. Plummer: No, no, from the sea wall because they are rebuilding.
Mr. Paul: Yes, what we have is this. There is an existing fifteen
foot wide walkway Commissioner which will be part of the bay walk.
That's there. There will be an eight foot deck in front of that
and then from that point there will be two hundred sixty -four feet of
dock in an area which approximately twelve hundred feet wide based on
surveys we have already submitted to the City.
Mr. Plummer: Ok. The only thing I want to make notation of, ok, you
when you tell me the dock is there and has been there for years, you
are right. There was no bridge there before. There is now.
Mr. Paul: There is no other than very small boats, boats which are
under twenty -five feet. There is no traffic in that area at all,
Commissioner.
Mr. Plummer: What is the width total?
Mr. Paul: About twelveikuridred feet in that area.
Mr. Plummer: And approximately what are you anticipating the number
of slips.
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84
APR 26 1984
Mr. Paul: Ninety -one boat slips.
Mr. Plummer: Ok. I'm just telling you,
back when he ask for the variance.
Mr. Paul: Commissioner, there is plenty
boat there if that's what you want. Yes
AYES:
NOES:
. 91
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Demetrio Perez, Jr.
85
Mr. Plummer: Are you offering one to the City for use of our marine
patrol free of charge? I think you should think that over before you
come back and ask for the variance.
Mr. Paul: The variances are not before you today, we haven't even
applied for it yet.
RESOLUTION NO. 84-484
Danny, a smart man will come
of room for the marine patrol
, sir.
Mr. Plummer: Free.
Mr. Paul: Yes. Yes, there is plenty.
Mr. Plummer: I move Item 49.
Mayor Ferre: Is there a second. No second.
Mr. Plummer: At the present time you have got to wait for one or the
other two Commissioners to show up.
Mayor Ferre: Are now on Item #50.
Mr. Dawkins: 1 will second it. Go ahead. Second. It's going to come
back before us anyway. 1 will second it.
Mayor Terre: Further discussion on Item 49. Call the roll, please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
A RESOLUTION ACCEPTING IN PRINCIPLE ONLY THE CONCEPT OF THE
AMBASSADOR SQUARE MARINA, AS PROPOSED BY AMBASSADOR SQUARE,
INC., PROPOSED TO BE LOCATED ON THE WESTERN SHORE OF BISCAYNE
BAY, AND ON BISCAYNE BAY IMMEDIATELY SOUTH OF THE SE 8TH
STREET BRIDGE.
(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:
APR 2 6 1964
42. BRIEF DISCUSSION ITEM: CHARTER REVIEW MEETINGS CONCERNING THE
CLEAN UP OF OBSOLETE PROVISIONS or THE CARTER.
Mayor Ferre: Mr. Manager, I know that. Manny has been sick and he hasn't
been able to concentrate on the agenda, but I would J to point out
to you that we did, Mr. Clerk, advertise in law journals and including
the Miami Herald and the Miami News, the Miami Times and the Diario
for a public hearing on the Charter review and at 3:30 today we are
supposed to have a public hearing. Now, the first question I have is
why isn't it on the agenda since we advertised for a public hearing on
the Charter review. And I guess there is a slip on it but I would be
grateful if we could have that on the agendas in the future. Now, we
are in a public hearing and I would like if you could stay for three
four minutes. Is there anybody here who wishes to address the Commission
or ask any questions on the Charter review that is being proposed to be
voted upon in September the 4th. Mr. City Attorney.
Mr. Garcia- Pedrosa: October the 5th.
Mayor Ferre: I'm sorry. October the Sth. Anybody here? I might
remind you that there was a committee that was established and Mr.
Garcia Pedrosa, why don't you explain what the issue is so that we can...
Mr. Garcia - Pedrosa: yes, Mir. Mayor. The Colu:nission instructed me last
year to revise the City Charter to accomplish three things. First, to
eliminate obs=olete materials. :secondly, to put the Charter into good
grammatical English and tllixd, to renumber and restructure its sections
&o that the public can understand it. For example, there arc things
that belong to the I:tms t :o1 :ic that are not Linder the r;mir ic? section and
that was accomplished. The Commission has indicated its intention to
place it on the ballot for October 5th and this is the first_ of four
opportunities that the Commission is affording to the public to address
the Commission on the nature of those changes which are non- subtantive
procedural changes.
Mayor Ferre: Alright, are there any questions from the public? This
is a public hearing. Mr. Paul, as I remember you were on that committee?
(BACKGROUND COMMENT INAUDIBLE)
Mayor Ferre: Who was on
Mr. Garcia- Pedrosa: Mr.
Deans or their designees
or their designees.
the Committee, Mr. Garcia - Pedrosa?
Mayor, the Committee was composed of the Law
and the presidents of the local Bar Associations
43. REQUEST CITY MANAGER THAT WHEN REPRESENTATIVE OF "AMBASSADOR
SQUARE MARINA" COME BACK TO THE CITY TO SEEK A VARIANCE, THE
MANAGER IS INSTRUCTED THAT SAID REQUEST BE SCHEDULED BEFORE
COMMISSION FOR FINAL APPROVAL.
Mr. Plummer: Mr. Mayor, may I make a correction on the agenda? Mr.
Paul, I want you to hear that Item 49 when it comes back for a variance
I am now informing you and putting on the record that that variance is
to come before the Commission, because normally variance approved at
the Zoning Board level ho not come to us.
Mayor Ferre: Fo nmalize it Plummer. Mr. Plummer moves.
Mr. Gary: The Planning Department will appeal whatever decision, if
it's to allow it to come to you.
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86
APR 2 6 1984
Mayor Ferre: So, we don't need to do it in a motion.
Mr. Plummer: No, I don't want to appeal it. Z just want it to come
before this Commission. That's all.
Mr. Dawkins: Second.
Mr. Plummer: So move.
Mayor Ferre: There is a motion and a second, further discussion, call
the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 84 -485
A MOTION OF THE CITY COMMISSION STIPULATING THAT WHEN
REPRESENTATIVES OF "AMBASSADOR SQUARE MARINA, INC."
COME BACK TO THE CITY SEEKING A VARIANCE, THE CITY
MANAGER IS HEREBY INSTRUCTED TO SCHEDULE SAID REQUEST
BEFORE THE CITY COMMISSION FOR FINAL APPROVAL.
Upon being seconded by Commissioner Dawkins, the motion was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
Vice-Mayor Demetrio Perez, Jr.
44. DISCUSSION ITEM OF AGENDA ITEM 51 EVEN THOUGH IT WAS PREVIOUSLY
ANNOUNCED THAT IT WOULD BE WITHDRAWN, CONCERNING LEASE AGREEMENT
ON 15,960 SQUARE FEET OF BAY BOTTOM LAND ON FISHER ISLAND.
Mayor Ferre: Is there anybody here on Item 50 or 51?
Mr. Robert Traurig: Yes, Mr. Mayor.
Mayor Ferre: Alright, sir.
Mr. Traurig: I didn't approach because I had interpreted what had
occurred prior, you know, in the discussion with the Manager, that
the Manager wanted to pull this from the agenda so that we could meet
with the Manager and talk about. If you could consider it today we
would be delighted.
Mayor Ferre: Mr. Manager, you had pulled 51.
Mr. Gary: Yes, Mr. Mayor, we pulled it because at the last meeting
there was some concern that the proposers of this particular bay bottom
ferry service did not offer the City what this City Commission thought
was reasonable for the benefits that would accrue to them. The original
figure was fifteen hundred dollars per year... eleven hundred, excuse me, and
now they are proposing twenty -five hundred a year which is only fourteen
hundred dollars above.
Mr. Plummer: Gee, in about four more meetings they might get there.
•
Mayor Ferre: Alright, sir, thank you very much.
Mr. Traurig: We will be happy to meet with the Manager and discuss it.
Thank you.
gl
.87
APR 261984
NOES: None.
AN ORDINANCE ENTITLED-
ABSENT: Commissioner Joe Carollo
Vice -Mayor Demetrio Perez, Jr.
ABSTAINING: None.
gl
45. FIRST READING ORDINANCE: AMENDING SEC. 14 -3.7 OF THE CODE TO
ALTER THE BOUNDARIES OF THE DOWNTOWN DEVELOPMENT DISTRICT TO
EXCLUDE THE RESIDENTIAL AREA OF POINT VIEW.
Mayor Ferre: Alright, we are now on Item 63. Is that right, Ms. Cooper?
Ms. Janet Cooper: Yes.
Mr. Plummer: I move it.
Mayor Ferre: Plummer moves 63, is there a second?
Mr. Dawkins: Second:
Mayor Ferre: Alright, Commissioner Dawkins seconds. Is there anybody
here who wishes to discuss with this Commission Item 63 at this public
hearing. Let the record reflect that nobody stood up on that. Further
discussion? Read the ordinance on first reading. Alright, call the
roll.
AN ORDINANCE AMENDING SECTION 14 -17 OF '
THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, TO ALTER THE BOUNDARIES OF
THE DOWNTOWN DEVELOPMENT DISTRICT TO
EXCLUDE THE AREA (COMMONLY REFERRED TO AS
POINT VIEW) BOUNDED GENERALLY BY S.E.
BAYSHORE DRIVE, S.E. 15TH ROAD, S.E. 14TH
STREET, S.E. 14TH TERRACE AND S.E. 14TH
LANE; CONTAINING A REPEI=.LER PROVISION AND
A SEVERAB1LITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
46. APPROVE IN PRINCIPLE THE APPLICATION FOR U.D.A.G. GRANT FOR CON-
STRUCTION OF 25 UNITS OF SALES HOUSING IN THE OVERTOWN COMMUNITY
DEVELOPMENT AREA.
Mr. Dawkins: Mr. Gary: Would you provide me with...(COMMENT INAUDIBLE).
Mr. Gary: I would like to do it now, because this is a U.D.A.G. and
we need to try to get that money before it dries up.
Mr. Dawkins: (COMMENTS INAUDIBLE) . (RECORDER SOUND SYSTEM PROBLEMS)
Ms. Spillman: Commissioner Dawkins, these units are not proposed at
all for the UMTA area. These are west of the expressway located in
the vicinity of the old... remember the old City of Miami Police Precinct
building which was the Culmer Cc r that was operated by the County for
APR 2 6 1984
ge I�,
a number of years. Its a...
Mr. Dawkins: Over by Booker T. Washington?
Ms. Spillman: It's a Northwest loth Street and llth Street between
Northwest 4th Court and 5th Avenue.
Mr. Dawkins: Is this for affordable housing?
Ms. Spillman: This is housing that we have built in Overtown before.
It is very affordable. A family goes out and gets a first mortgage
for the amount that they can afford and then with the UDAG money we
provide a second mortgage so that they can... and that mortgage isn't
payable until the first is paid off so that a family can afford to live
in these homes and the one we did before is very successful.
Mr. Dawkins: 20 units. These should be constructed so that when you start to
relocate people from the Overtown Area we can relocate them in the City
without them have to move out of the City of Miami.
Ms. Spillman: Twenty units.
Ms. Spillman: That's an excellent idea and we can do that.
Mr. Dawkins: If you can't guarantee that then don't apply for a UDAG
grant. (COMMENT INAUDIBLE).
Ms. Spillman: Well, we can give them first priority.
Mr. Dawkins: The people in the area are getting shafted. Their land
is being taken. Ok. Urban renewal took their land. Rapid Transit
took their land. I -95 took their land and now you are going to come
and tell me we are going to apply for a UDAG grant and we can't
guarantee them nothing, then don't apply for it.
Mayor Ferre: Alright, arc we ready now to move on 62 or not?
Mr. Dawkins: (CO MMENT INAUDIBLE) .
Mayor Ferre: You want to move it? Alright, Dawkins moves, is there
a second?
Mr. Plummer: I second.
Mayor Ferre: Alright, by Plummer. Is there any discussion? Is there
anybody here who wishes to address the Commission on Item 62? Alright,
if not, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
AYES:
gl
RESOLUTION NO. 84 -486
A RESOLUTION APPROVING IN PRINCIPLE THE APPLICATION OF THE
FOLLOWING DEVELOPER FOR SUBMISSION BY THE CITY OF MIAMI TO
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR
AN URBAN DEVELOPMENT ACTION GRANT: OVERTOWN ECONOMIC
DEVELOPMENT CORPORATION, INC., FOR CONSTRUCTION OF TWENTY
UNITS OF SALES HOUSING IN THE OVERTOWN COMMUNITY DEVELOPMENT
AREA.
(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:
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferree
APR 2 6 1984
NOES: None.
ABSENT: Commissioner Joe Carollo
NOES: None.
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
ABSENT: Commissioner Joe Carollo
gl
90
47. FORMALIZE RESOLUTION APPROVING THE UTILIZATION OF A PASSENGER VAN
TO BE USED BY THE WYNWOOD ELDERLY CENTER.
Mayor Ferre: Alright, on Item 68.
Mr. Perez: (COMMENT INAUDIBLE)
Mayor Ferre: Commissioner Perez moves Item 68.
Mr. Dawkins: Second.
Mayor Ferre: It's been seconded, further discussion? Call the roll
on 68.
The following resolution was introduced by Commissioner Perez, who
moved its adoption:
RESOLUTION NO. 84 -487
A RESOLUTION AUTHORIZING THE UTILIZATION OF A CITY PASSENGER
VAN BY THE WYNWOOD ELDERLY CENTER, INC.; AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SAID AGENCY
IN REGARD TO SAID UTILIZATION.
(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:
48. ALLOCATE $36,600 SPECIAL PROGRAMS AND ACCOUNTS TO TWO PREVIOUSLY
APPROVED AGENCIES TO PURCHASE VEHICLES THROUGH THE FLORIDA DEPT.
OF TRANSPORTATION.
Mayor Ferre: Now, companion bill 58. Now, tell me what that is.
Mr. Gary: Mr. Mayor, at the last meeting this City Commission instructed
us to come back with a provision to allow J.E.S.C.A. and Wynwood to do
the same thing we allow Little Havana Activity Center to do.
Mayor Ferre: Do you recommend this Mr. Manager?
Mr. Gary: Yes, sir.
Mayor Ferre: Alright, is there anybody here wishing to speak on 58?
Is there a motion.
Mr. Plummer: Whoa, whoa, whoa. It was my understanding these were
vans.
APR 2 6 1984
91
Mr. Plummer: I'm questioning eighteen thousand dollars a van.
Mayor Ferre: No, sir.
Mr. Plummer: Are these buses?
Mr. Gary: Well, first of all the Action Community Center which you
passed last meeting was a fourteen passenger vans.
Mr. Plummer: That's still a van?
Mr. Gary: Right. Four of them. There is four of them.
Mr. Plummer: It says here two.
Mr. Gary: No, look at the last column, summary. That's two previously
approved.
Mr. Plummer: I don't remember approving these.
Mayor Ferre: (AT THIS POINT THE MAYOR READS THE RESOLUTION INTO THE
RECORD) .
Mayor Ferre: Yes we did. All right is there a motion on fifty- eight ?.Moved by
Perez, is there a second?
(BACKGROUND COMMENTS INAUDIBLE)
Mayor Ferre: Plummer seconds, further discussion, call the roll.
The following resolution was introduced by Commissioner Perez, who moved
its adoption:
NOES: None.
RESOLUTION NO. 84-488
A RESOLUTION ALLOCATING $36,600 FPO! SPECIAL PROGRAMS AND
ACCOUNTS: CONTINGENT FUND, TO TWO (2) PREVIOUSLY APPROVED
SOCIAL SERVICES AGENCIES LISTED HEREIN, TO PROVIDE 20% LOCAL
MATCH TO PURCHASE VEHICLES THROUGH THE FLORIDA DEPARTMENT 0
TRANSPORTATION SECTION 16 (b) (2) PROGRAM, AUTHORIZING THE
CITY MANAGER TO ENTER INTO AGREEMENTS WITH THE AFOREMENTIONED
AGENCIES.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner plummer, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
ABSENT: Commissioner Joe Carollo
49. DISCUSSION ITEM: MR. VEGA REGARDING TRAFFIC AND SPEEDING PROBLEMS
IN THE VICINITY OF 62ND AVENUE AND 2ND STREET.
Mayor Ferre: Conunissi.oner Perez.
Mr. Perez: Mr. Mayor, we have here Mr. Vega, who
wants to mgke a public continent here about a complaint that they have
in there neighborhood.
Mayor Ferre: Alright, I will recognize them in a moment. Before I
_ 9
APR 2 6 1984
do that I am going now to Item 70. Is there anybody here in this
audience that wishes to address this Commission on any scheduled item
that has not been called at this time? Is there any scheduled item that
any member of the public is here on. Alright, Mr. and Mrs. Vega.
Mr. Vega: Good afternoon gentlemen. We appreciate the sacrifice you
make coming here to this area to help us. We live at 235 Northwest
62nd Avenue. One of the big problems we have, we have two kids and
at 62nd Avenue we have traffic light at Flagler and the speed over there
on the cars the regular speed they go is sixty, fifty to seventy miles.
We talked with somebody else to put some speed limit there because it's
too dangerous. We got a lot of accidents at Northwest 62nd Avenue and
2nd Street and 62nd Avenue and 30th Street, because we have no speed
limit there.
Mr. Plummer: You mean a sign.
Mr. Vega: No sign and we get no policemen around there too.
Mayor Ferre: Mr. Vega, let me tell you that you have a real problem
and on the street where I'm building a house in Coconut in Espanola
I have a real problem, where Plummer lives he has a real problem. Let
me tell what the problem is, your problem. People that are going from one
place to another don't want to go down those residential streets and they
residential communities and they down those residential streets and they
go very fast and we do not have enough policemen in Miami to stop them.
We would need five thousand policemen, because in every neighborhood
that happens. Mr. Manager,... Mr. Pierce don't go because I'm addressing...
(BACKGROUND C01 INAUDIBLE)
Mayor Ferre: You are going to go get the drawings are you?
Mr. Perez: I rin going to get the Public Works Director.
Mayor Ferre: What's that? Don, I want you to listen to this. I don't
know that David Plummer has the answer or the solution, but he brought
me a series of maps for residential communities and there must be a
way in which we can either put dead end or put speed bumps or do something
to curtail speeding along residential streets. Now, I'm going to tell
you something and this is an opinion that I have. I think Mr. Vega is
here on a legitimate citizens complaint and we have got to do something
about it. We cannot find policemen, Mr. Vega. That is not the answer,
but we have got to come up with either speed bumps or someway of curtailing
traffic through residential communities.
Mr. Vega: Let me explain to you, Mayor. A few blocks from my house
we have South Miami start at Bth Street, a small town. They have a
speed limit 30 miles per hour and the people respect that, because as
soon as you go over 30 miles an hour you have police behind you. I
think, you know,... I don't ask a policeman twenty -four hours around
my house, because I understand what you are saying. Anyway let me tell
you about the police. I think the Miami policemen is one of the best
we have in the United States. That is one point. But I think for
the next couple of months have somebody around there to check what I
say. When you go to the records of the City you find Northwest 62nd
Avenue and 2nd Street and 3rd Street how many speed accidents we have
there. I have two kids nine and ten years old. I can't let them play
in front of my house because it's very dangerous. I appreciate anything
the City of Miami can do about that.
Mr. Perez: I think that Mr. Mayor,... I know that neighborhood for a
long time and I think that is a different problem what we are mentioning
of the typical problem in the City of Miami. I think that may be
we can arrange a meeting with the Chief of Police and the administration
in order they can help these people in that neighborhood.
Mr. Dawkins: I would like to agree with the Mayor in that... I mean,
it's your neighborhood and. you live there. You know better what's
negative than I do, but I would prefer the speed bumps for two reasons.
The policemen if they see him they are going to slow down.
Mr. Vega: I know that.
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92
APR 26 1984
Mr. Dawkins: If they don't see the policemen they are not going to
slow down, but if you have got the speed bumps they are going to have
to do two things, it will make them slow down or make them avoid your
street, because if he has got to keep slowing down for the speed bumps
he won't come through the neighborhood, he will go another way. So,
may be that's one thing we need to think in terms of, sir.
Mr. Vega: That is good.
Mr. Plummer: Mr. Gary, you were going to come back with a plan about
Bay Heights.
Mayor Ferre: Alright, Mr. Plummer, on Bay Heights.
Mr. Plummer: No, I'm just asking where is the plan on Bay Heights.
Mayor Ferre: Where is the beef.
Mr. Gary: It's coming. We talked about this at the last meeting,
obviously, it's going to take us longer than two weeks to come up with
a plan.
Mr. Plummer: Alright, Mr. Gary, I am very familiar with the David
Plummer Plan, no relation. Have you seen it?
Mr. Gary: No, sir.
Mr. Plummer: Well, I would like you to... I would like to suggest to
you, sir, that you become familiar, because I have seen it and I want
to tell you it is the only thing that I have seen that I think will
work.
Mayor Ferre: I would like to apply it in my neighborhood. I wouldn't
mind a dead end right there.
Mr. Perez: Mr. Manager, do you have an Assistant that can take care of this
complaing.
Mr. Gary: Yes, I have Mr. Pierce here right now.
Mr. Vega: Ok. Thank you very much for the attention and I asked the
people here to applause for the Miami City Commissioners and Mayor.
Thank you.
Mr. Plummer: Chief, you will report back to us next meeting how many
tickets you have written on that avenue please.
50. PERSONAL APPEARANCE: MRS. BENITEZ, REGARDING SPEEDING IN THE
FLAGAMI AREA, PARTICULARLY NEAR SCHOOLS.
Mayor Ferre: Is there anybody here who wishes to address the Commission?
Yes, Ma'am. Please step forward. Give your name and address and we
will be happy to hear you.
Mrs. Benitez: Ok, my name is Mrs. Benitez. I live in this neighborhood
for seven and a half years and well, concerning what this gentleman
talked about 62nd Avenue.
Mayor Ferre: Mr. Vega.
Mrs. Benitez: Yes. That is absolutely true. I live on the corner
and it's the same thing all day long. You see the cars up and down and
you know they are not going thirty miles an hour, but my major concern
now is during school hours. They don't respect the 15 miles per hour.
They just ignore it and we do, have small children that they go back and
forth to their house by themselves and there is nobody to cross the
street with them and it is... you know, it is a problem. That's one
thing. The second thing is again, about the school. 1 feel that we
don't have enough security in the school. 1 feel that we should have
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APR 26 1884
policeman during the whole eight hours of school like must of the...
well, lets not say must of the schools, but some of the schools here
in Miami they do have an office with a policeman. I went to school here
in Miami and I remember they did have them at that time. That was
say ten years ago. Why shouldn't they have one now here? And we do need
it. We have had some seens during the past two or three weeks where
there was a man.... I didn't see him. I worked and I wasn't aware of
it until about two or three days ago. There was a man going by and
he would wait for the children to go out on the play ground and he would
expose himself Well of course, we all know what he was doing and that
is absolutely not good for the kids and there was no security here.
There was nobody here who....
Mayor Ferre: Did you call the police?
Mrs. Benitez: Ok. As I said I worked and I didn't know about it until
about two or three days ago.
Mayor Ferre: Did you call the police two or three days ago?
Mrs. Benitez: No, I didn't.
Mayor Ferre: Why?
Mrs. Benitez: We were waiting for this meeting.
Mayor Ferre: Alright, Mrs. Benitez, let me tell you and I'm not saying
this in criticism. But I'm saying that a good Police Department is
dependent on good citizens. And if citizens don't relate to the Police
Department and if you don't tell the Police Department things that are
going on there is no way that the Police Department will know unless
you ....
Mrs. Benitez: Ok.
Mayor Ferre: Because have a policeman on every corner.
Mrs. Benitez: Ok. This is something I heard here during the afternoon...
Mrs. Diaz: Excuse me, Mayor Ferre.
Mayor Ferre: Yes, Ma'am.
Mrs. Diaz: I'm Mrs. Diaz, the Assistant Principal of the school.
Mayor Ferre: Yes, Ma'am.
Mrs. Diaz: When this rumor started it was in March and we did call our
Resource Officer. The City of Miami did send undercover policemen.
In fact one of them was reported to the office as a suspicious
character.
Mayor Ferre: You mean the policeman?
Mrs. Diaz: Yes. They came in old ragged cars with jeans and...
Mayor Ferre: Oh, I see because of their cover. I'm sorry.
Mrs. Diaz: The undercover policemen.
Mayor Ferre: Undercover. Oh, I'm sorry. Ok.
Mrs. Diaz: What we did was we didn't tell the parents about it came...
Mayor Ferre: You are scaring me
Mrs. Diaz: No no, no. We did not tell the parent about it, you know,
to make them over anxious about it, but that problem has been taken care
of by the City of Miami Police Department.
Mayor Ferre: Alright, Chief Breslow, would you step forward please.
Mrs. Benitez, this is our Police Chief and he is a very good Police Chief.
0
APR 2 6 1984
I would like to ask Mr. Manager through you, for the Police Chief to
arrange for a Major or a Colonel in the Police Department to step up
a community meeting with the community through the different Civic
Organizations that exists here. Mr. Montoya is here with us today and
I would like to ask Mr. Montoya and Mrs. Benitez and the school
principal and others and Mr. Vega, if we would get their names and if
you would arrange for a meeting with these people with the appropriate
person in the Police Department to discuss both the question of
speeding along 62nd and other neighborhood streets and the question of
police protection at schools. Is that alright, Mr. Manager? And
after you have concluded those hearings that you would write us a
memorandum so that we will know what happened. Alright?
Mrs. Benitez: Ok. Thank you. I have one more thing to ask. Since this
is concerning this west end house that they built in the park. You
know what I'm talking about?
Mayor Ferre: Yes.
Mrs. Benitez: Ok. Since last year 1983 I have a little girl that's
she is four now, I went to register to City of Miami, I talked to Mrs.
Evans, Carmen I don't know if you know who she is . She
told us, all the mothers that registered our kids there, she told us
that the school was going to be open October 1st. That was last year,
then we arranged for a meeting and we... it's now the month of April
1984 and we still have nothing on it. When is the school going to be
opened. Is it going to be for us or it's just going to be there for
the kids in the neighborhood to us. What's going to happen with that?
Mayor Ferre: Does anybody know the answer to that? Alright, this is
Mr. Carl Kern, who is Director. of Parks and Recreation.
Mr. Carl Kern: Bello. She is referring to the new recreation building
right next door which we just completed and we are going to open a
pre - school program in there sometime this year through our Day Care
Center and if she will give me her name and telephone number I will
make sure that we coordinate that with Mrs. Evans, one of the staff
when everything is ready.
Mayor Ferre: Alright, Mrs. Benitez, would you give you name and
telephone to Mr. Kern on a piece of paper.
Mr. Benitez: Oh, I will give it to him, but well, I was just... I
wanted to know what was going to happen with it, but to be frankly, it's
not of my interest at anymore. My girl is going to start kindergarden
next year. So, I can get the rest of the parents to talk to you and
see if you can arrange for a meeting. But I won't be interested in
going to the meeting. I wanted to know because...
Mayor Ferre: If you have anymore daughters or sons in the future, then
you... (COMMENT '. NAUDIBLE) .
Mrs. Benitez: No, I don't have any... I only have two and they are
Well, my girl is coming next year. So, that's the end for me.
Mayor Ferre: Alright.
Mayor Ferre: Alright, is there anything else?
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95
Mrs. Benitez: But I would like... I know that there are parents that
would like to know about it and in fact they were here earlier, but
the meeting was supposed to be at 3 o'clock and it's 5 o'clock and they
had to go. So, I'm here for them.
Mrs. Benitez: No, that's all for me. Thank you.
Mayor Ferre: Thank you, very much Mrs. Benitez. Anybody else that wishes
to address this Commission at this time on community issues? If not, it
is 5 o'clock on the dot. i.o, we will now begin the 5 o'clock public
hearing agenda items that 'are classified here as Agenda Item "C ". The
first agenda item that comes up at the 5 o'clock hearing is Item 14
which I remember is non - controversial.
A r n 2 6 18
51. DISCUSSION AND DEFERRAL OF CONSIDERATION OF A ZONING TEXT AMEND-
MENT TO ORDINANCE 9500 PHD, SPI DISTRICTS.
Mayor Ferre: Item 14. This is the second hearing. Mr. Rodriguez for
the record why don't give a brief - - -by brief I mean just a minute or
two at the most ---- -- description.
Mr. Sergio Rodriguez: Item 14 is an amendment "F" that is part -
of the recommendation from the Zoning Ordinance Review Committee
being approved on first reading last month and basically, it's a
comprehensive amendment to the whole zoning ordinance that took several
months to put into effect.
Mayor Ferre: Are there any objectors or
on the 5'oclock Agenda Item 14, which is
a motion? Is there a motion on Item 14?
is there a second? Is there a second to
anybody who wishes to be heard
an ordinance. If not, is there
Moved by Commissioner Perez,
Item 14? Since there is no
second, then Mr. Manager, I guess it has to be rescheduled.
Mr. Dawkins: The only thing wrong with it is like I say, everytime
I pick up something if you will read middle ways down it will say
Section 15-68, Paragraph lA to clarify that multi family building shall
provide not less than five tenth off street parking. How in the hell
can you put a half a car... I mean put a car in a half a parking space.
And every time these things come before me I keep asking you guys to
explain to me how do you put a whole car in a half a parking space and
nobody can tell nee.
Mr. Rociriguen: Sir, this is used as a formula to calculate the total
number of unite that will be required.
Mr. Dawkins: But you see when the guy builds a building you are telling
him that all he has got to provide a half a parking space. You cannot
get a car in a half a parking space so don't tell me this is only for
the purpose of discussion. Why not put one parking space in there
if we are just discussing. But every time this comes before me and you
guys come here you have got stuck in there a half a parking space
knowing good and well we cannot put a full car in a half a parking
space and I have problems with it.
Mr. Plummer: I second Commissioner Dawkins motion to defer until the
matter is cleared up.
Mr. Rodriguez: May I say something?
Mr. Dawkins: Yes, go right ahead. Sure.
Mr. Rodriguez: We are in the process of getting the Zoning Ordinance
printed in final form and we were hoping that if this were to be approved
today we will have a Zoning Ordinance with all the amendments that have
been going before you completed.
Mr. Dawkins: Ok. I move if you change this to one parking space and
not a half a parking space. I will move it.
Mr. Sergio: Will you tell me where you are?
Mr. Dawkins: Ok. Go down seventeen lines and then it begins "Section
15 -68, Paragraph 1h. hre you with me now?
Mr. Whipple: Commissioner Dawkins, would you prefer the wording be
one space for each two units rather than have half space for one...
Mr. Dawkins: That's the same thing.
Mr. Whipple: Them you are talking about the quantity of space versus
the semantic of the verbage.
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APR 2 6 1984
Mx. Dawkins: Yes, sir, that's what I'm talking about. You see if you
tell me one parking space for two buildings, hell, that's still a half
a parking space per building.
Mr. Rodriguez: Commissioner Dawkins...
Mr. Dawkins: I mean, I'm slow learner, but I'm not retarded.
Mr. Rodriguez: What we are proposing to do here is to reduce the amount
of parking spaces for the Elderly in elderly housing and that's the only
reason why we have .5 parking spaces per unit. If you have one hundred
units you have fifty parking spaces.
Mr. Dawkins: Ok. The only thing I'm saying is that for my vote you
have to change it. Now, may be you got three votes without changing
it.
Mayor Ferre: No, no even if he has three votes that's a reasonable
request isn't it? Isn't what he is asking reasonable? You disagree
with it?
Mr. Plummer: I move you defer.
Mayor Ferre:
Mr. Rodriguez: Could we delete this section of the ordinance and
bring it back again to the Planning Advisory Board?
Mr. Plummer: No.
Mayor Ferre:
Mr. Rodrigues;:
Mayor Ferre:
You do disagree, then?
Whsat is the imnortance of
Will, then go ahead with tt
What's the importance of passing it?
Mr. Rodriguez: The only reason what we are trying to do is because
the requirements for parking spaces to be the same for housing for
the elderly are you will have for any multi - family housing
Mr. Dawkins: Ok. If it's parking for the elderly, if it's parking
for the young, if it's parking for a baby, you explain to me how you
can put a whole car in a half parking space. Explain that to me.
I don't care who is going to park.
Mr. Garcia - Pedrosa; Commissioner Dawkins, if I might point out to you
that the changes being made make it better in that respect. Now, if
you look at the actual ordinance on page 3, the present language
requires that multi- family....
Mr. Dawkins: You know what... let me cut you off, sir. If they don't
want to change this'it lets me know there is something wrong with it.
Defer it.
Mayor Ferre: There is a motion to defer. There is a second to defer.
Is there further discussion?
Mr. Garcia - Pedrosa: Mr. Mayor, before you vote on deferral, unless
you schedule this... let me explain the first point first and then if
I can address the deferral point. The ordinance as it reads now says
"Multi - family buildings shall provide not to exceed .5 off - street
parking space per dwelling units. 5o, that's the maximum now. With
a change as being proposed is to make the .5 the minimum, so that in
effect the change is consistent with the intent that you have Commissioner
Dawkins to provide more parking.
Mr. Dawkins: Well, why don't you say one parking space? You know,
you see you guys keep tellinng_ir,e when 1 ask you for one it must be
something wrong if I keep saying all its going to take is one parking
space for me to get it... I mean passed and you guys keep saying
"Oh, no we can't do that, we got to leave it at this ". It lets me
know there is something wrong with it.
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APR 26 1984
Mr. Whipple: Mr. Dawkins, the methodology here with respect to
providing of off-street parking in the calculation has to be done on
the average. For instance, we know at certain locations and certain
densities, under certain conditions if you have a hundred dwelling
units you will not have a hundred cars, you will only have on the
average seventy -five cars because of all of these conditions. So,
in order to regulate and provide and be representative of that known
fact as to what conditions are you then say, well only seventy -five
cars are needed for each one hundred dwelling units.
Mr. Dawkins: I no longer want to belabor the individuals who took their
time to come out here. I'm deferring it.
Mayor Ferre: Call the roll on deferral. Before we that the City Attorney...
Mr. Rodriguez: One more possibility. What about if we changed the
language to say multi - family building shall provide not to exceed one
off - street parking space per dwelling unit.
Mr. Dawkins: You see, you are stilling doing the same thing to me.
You are using semantics to get what you want.
Mr. Rodriguez: No.
Mr. Dawkins: That's right, that right, Jack, that's all you are doing.
I mean, you know, lets be realistic.
Mayor Ferre: Mr. Manager through the City Attorney, do you want to
day something?
Mr. Garcia - Pedrosa: Yes, sir. If you are going to continue Mr. Mayor,
you have to continue it to the net Conmiission meeting, not the next
Planning and Zoning meeting because by then it will be too late.
Mayor Ferro: Alright, this item... the motion is to defer this until
the May 10th meeting. Is that correct? Further discussion on the
continuance? Call the roll on 14.
Mr. Plummer: You have to state the reason for it. The reason for
it is that the Planning Department has forgotten the number of
Commissioner Dawkins and I would like to remind Mr. Sergio that his
number is 6026.
Mayor Ferre: Further discussion? Call the roll on deferral.
THEREUPON THE FOREGOING MOTION TO DEFER Agenda Item 14, to the meeting of
May 10, 1984 was introduced by Commissioner Dawkins, and seconded
Commissioner Plummer, and was passed and adopted by the following
vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
52. DISCUSSION AND TEMPORARY DEFERRAL OF ZONING TEXT AMENDMENT SPI -7
DISTRICTS BRICKELL, MIAMI RIVER, RAPID TRANSIT DISTRICTS.
Mayor Ferre: Take up'Item 15. Alright, Corrunissioner Perez will be
chairing meeting for five minutes.
Mr. Perez: Item 15. Dc we have any motions on Item 16?
Mr. Jack Luft: Mx. Mayor and members of the Commission, this is a
final hearing from the deferral of the last meeting.
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APR 2 6 1984
Mr. Plummer: Excuse me, it's not a final hearing.
Mr. Luft: Excuse me, first reading before the Commission on the SPI -7
Zoning District which is the special Boning district for Brickell.
Mr. Plummer: Excuse me, Mr. Luft. Is Mr. Allen Morris here and the
people of that area? You are representing.... is Allen Morris, Jr. here?
UNIDENTIFIED SPEAKER: If he is not here, he is on his way.
Mr. Plummer: I would ask this item to be held until he gets here.
Mayor Ferre: Who gets here?
Mr. Plummer: Until Mr. Allen Morris who is the one who has...
53. MOTIION CONTINUING AGENDA ITEMS 18 THROUGH 26, ALL IN CONNECTION
WITH THE PROPOSED LATIN QUARTER IN THE LITTLE HAVANA AREA.
Mayor Ferre: Alright, we are now on Item #18, which is called "Latin
Quarter Plan". (COMMENT INAUDIBLE) .
Mr. Plummer: Mr. City Attorney?
Mr. Garcia- Pedrosa: Yes, Commissioner.
Mr. Plummer: I am a rather large property owner in that area designated
by the boundary limits. I am of course, asking the question as to
conflict of interest on 18, the "Latin Quarter ". My funeral home is
right in the middle of it. I don't )nog' whether it's a conflict.
I'm putting it on the record. Do I have a conflict? If such I would
recuse myself from voting.
Mr. Garcia- Pedrosa: Well, Commissioner, as I understand the planning
study and the resolution calling for an approval in principle of it
and as I understand your situation you would not stand to benefit
directly and pecuniary from it and therefore, I don't think you
would have a prolem in voting to approve in principle this plan.
Mr. Plummer: Mr. City Attorney, then what you are advising as is my
elected position I have no conflict.?
Mr. Garcia- Pedrosa: That is correct.
Mr. Plummer: As an individual it will not benefit me. It is my opinion
as that of many of my neighbors it would be a detriment.
Mr. Garcia - Pedrosa: Then you certainly have no...
Mr. Plummer: Ok. But I don't want it to be misconstrued that
my position.
Mr. Garcia - Pedrosa: No, the prohibition, Commissioner, deals with the
benefit directly to you on a pecuniary basis by voting on the matter.
Mr. Plummer: Alright, sir. Let the establish on the record once again,
which I did this morning. I feel that there are a number of people
who planned on attending the meeting where this item was to be discussed.
We did in fact received three correspondence from the City. The last
one down towards the end of the page had marked in it in large black
letters deferred. And I am stating for the record that a number of
my neighbors indicated to me that they would not be attending to please
let them know when it was going to be rescheduled. Now, if you say
that that's not a criteria that merely... I have shown the letter. I
have given it to Sergio. He has the letter. He says for the record
that it was only that one paragraph, but it happens to be the last
paragraph and people took it to be that the matter in its entirety
was deferred. So, I'm merely stating for the record it would seem
logical to me since we are holding townhall meetings, that this item would
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99 APR 2 6 1984
1)
Mr. Carollo: Second.
Mr. Demetrio: Do we have any other discussion?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
discussed when we have a townhall meeting in the particular, area. Now,
that would, you know, to me that would make sense. Why in fact you do
it when it's all the way out in the other end of town. I want to tell
you the people in my area saying, why? Now, I'm telling you and I have
put it on the record. 1 have voiced the opinion of a great number of
my neighbors. Ok. Now, you take it from there. I do that for the
edification of the rest of the Commission. I will tell you, I feel and
I must state it on the record, that if would be only proper that we
hold the meeting, the only facility that I know is the Little Havana
Activity Center. But it is as close to that area as there is a facility
available, that this matter deferred until such time as we hold the
meeting down there or a special meeting. Possibly you can switch the
May meeting. I don't know. You all do what you want. Well, let me
do this. I will make a motion at this time that this matter be deferred
and at a special meeting be held in the Little Havana Area as close to
as possible for the purposes of a public hearing. I will make that in
the form of a motion.
Mr. Plummer: Sir, you can speak on any issue. That is if you are
speaking with my motion. If you are speaking against it you can't
talk.
Mr. Nelson Arbegas: My name is Nelson Arbegas and I live at 1134
Southwest Gth Street, Little Havana area. I own an apartment building
there, six unit apartment building and I have this notice from the
mail. I would like to know a little bit more about it, because I don't
know anything about it. I don't know what everything...
Mr. Plummer: Well, let me tell you one thing that you need to know,
your property is not in the designated area.
Mr. Arbegas: Yes.
Mr. Plummer: No, sir. At 1134 it would have to be at twelve hundred
plus.
Mr. Arbegas: Yes, but they say the SPI is going to be changed. The
zoning is going to be changed for residential and commercial. My area
here is only residential, apartment building. RU -4 it used to be. I
don't know how they call it now.
Mr. Plummer: 1134.
Mr. Arbegas: 1134 Southwest 6th Street.
Mr. Plummer: He is outside of the area.
Mr. Arbegas: But the zoning is going to be changed right?
Mr. Plummer: Sir, not your zoning. Now, excuse me, so you don't
misunderstand. Anything that happens three doors from your house or
your business could be affected by what happens here, but your particular
will not necessarily be changed.
Mr. Arbegas: Ok. How can we get acquainted with what's going to happen
in there?
Mr. Plummer: Hopefully, this meeting will take place in Little Havana
and you will be so informed.
Mr. Arbegas: Ok. Thank you.
Mr. Plummer: Mr. Sergio, may I express to you - - -I assume this motion
is going to pass - -- the greatest conversation that has been brought to
my attention I hope is misunderstood. Its got to be and you better be
prepared to address what you call a pedestrian mall on Flagler Street.
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00 APR 26 1984
I don't want you to speak. to it today, but that's what got more people
upset than anything. Ok. So, you be prepared to do it at the time its
rescheduled. Call the question.
The following motion was introduced by Commissioner Plummer, who moved its
adoption
MOTION NO. 84 -489
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEMS 18
THROUGH 26 REGARDING CONSIDERATION OF THE ESTABLISHMENT
OF THE LATIN QUARTER IN THE LITTLE HAVANA AREA OF THE
CITY OF MIAMI TO A TOWNHALL MEETING SCHEDULED FOR THE
LITTLE HAVANA AREA AND POSSIBLY MAKING PROVISION FOR
ESTABLISHING A SPECIAL MEETING IN THE LITTLE HAVANA AREA
TO DISCUSS THIS MATTER.
Upon being seconded by Commissioner Carollo, the motion was passed
and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
:
NOES: None.
ABSENT: Mayor Maurice A. Ferre
54. FIRST READING ORDINANCE: AMEND ORD. 9500 ZONING TEXT CHANGE SPI -7
l3RICI:ELL /MIAMI RIVER/RAPID TRANSIT DISTRICTS.
Mr. Plummer.: Has Mr. Allen Morris arrived? We can go back now Mr.
Vice -Mayor to Item 15. Yes. Start now with Item 15.
Mr. Jack Luft: Members of the Commission, ladies and gentlemen, this
item is SPI -7 Brickell Zoning District. You will recall the department
is proposing an amendment to the SPI -7 District that responds to the
concerns of the development community for greater intensity, for a
different more measured response to the kinds of housing and mixed use
we are trying to achieve and thus, we are back here with that proposal.
This has been debated and discussed at length at numerous meetings in
the community and we are confident at the Planning Department that this
is the best and as direct response that we can give to all of the concerns,
specifically those of the Commission. Let me try to summarize it very
simply for you. This district which you see on this map that currently
consists of three different area, we are proposing one zoning district
called "SPI -7 ". A simplification parelleling the SPI -5. In the SPI -7
District we have a base floor area ratio of 2.25 for the entire district
and we have a housing bonus incentive, a buy out provision of four dollars
per square foot of office over that base FAR. This chart that Ms. Meyers
is putting up summarizes this. The bottom line is where we are looking.
The point of this is to say that in the SPI -7 today we have a greater
intensity than the SPI -5 on Brickell Avenue and we have a meaningful
housing bonus as a means of achieving that intensity. Now, we have
discussed this item at length with the development community and there
are going to be some differences of opinion. I can address those
succinctly in saying that we do not feel there is justification for
differentiating the areas North of 8th Street or South of 13th. They
are all served by the People Mover and the Rapid Transit District, and
Secondly, we cannot accept as a recommendation to you an increase in
the base FAR. That increase would do one simple thing, it would
completely eliminate any housing incentives that we have remaining and
I would hope this Commission would recall that this is an amended SPI -7
that has relieved the development community of the immediate necessity
of providing housing in favor of a longer term approach. We would hope
that we could hold on to that much at least. In conclusion I would
point out that there is a transportation system study underway that
is due to be completed in June. That study will address the critical
APR 26 1984
issue of serving this development with improved public and private
transportation systems. To increase the floor area ratios, but not
beyond what we are calling for here would be an arbitrary measure.
It will be irresponsible in the face of this pending study. Are
there any questions please?
Mr. Perez: Do we have any questions of this issue? Do we have any
motion? You want to speak on this Issue?
Mr. Douglas Batchelor: My name is Douglas Batchelor. I'm an attorney
representing the Allen Morris Company, who are the owners of about
thirty -five percent of the property in the present SPI- -7 area. At
first I would like to explain the status of the matter which is here
before the Commission today. It was first pressented in its present
form on February the 14th, one day before it was presented to the
Planning Advisory Board on February 15th. The people in the area
did not have time to understand all of the aspects of this new
proposal. It was approved by the Planning Board because we really
didn't know what was in it. It came before the Commission, at that
time we had had an opportunity to realize the short comings of this
plan and the Commission sent it back to the Planning Department to
start over again. The exact same plan was presented by the Planning
Department to the Planning Advisory Board and this time the Planning
Board rejected it, because they understood the short comings that
it had. In fact the Chairman of the Planning Advisory Board stated
and explained his vote by saying that he was convinced that this did
not provide the necessary incentive for development in the Brickell
Station area that was needed. The proposal of the department that
was rejected by the Planning Board has two major departures from the
Master Plan which was worked out over a period of years and approved
by this Commission in 1961. In the first place it has a very
substantial change in the FARS relative to the Brickell area. The
Master Plan envisioned the principle hub of development being in the
Brickell Station area while the plan which is here presented more or
less leaves Brickell and the Avenue and the 13ric1:el.i Station area
actually almost on a par and when you consider certain ramifications
of the plan and had studied in detail you find that Brickell Avenue
really still has a greater. FAR than this plan would give the station
area. It actually proposes a decrease in the base FAR over what it
presently is under the existing regulations. The other fault which
this plan has is that it brings in the fringe areas North and South
of the station area into this plan and treats them all as one. The
Master Plan said that this should not even be considered until the
Metro People Mover was constructed and we are four or five years away
from any completion of construction of the People Mover in this area.
The affect of this is to defuse the development which hopefully will
take place in the Brickell Station area so that you are not going to
have any incentive for development in that particular area. I think
that you should compare what's happening at the other Metrorail Station
area with what is happening in the Brickell Station area. Dadeland
South already has construction of a very substantial and large office
building. The South Miami Station has the Bakery Center Project where
the property has been cleared and construction is ready to begin. The
Government Center Station in Downtown Miami has the new County office
building and most of the areas surrounding that station is in the hands
of the government agencies, so there is really not a tremendous amount
of develoment that can take place by the private sector in that area.
When you look compare these to what is presently happening in the Brickell
Station area you will see if you will look to your right at the
photograph. This is Brickell Avenue and this is the Brickell Station
area. It a conglomeration of small houses, no development, no
construction within the last twenty -five or thirty years until you
get to Brickell Avenue, which as you can see are the buildings in the
background and there is a very substantial distance from it. We even
have buildings down there that have been deserted and windows broken
out. This is the type of thing we have there today. knd this is the -
type of thing that we have to got to put incentives before the
developers to permit them to be able to go in and change this type of
environment. The stated concept of Metrorail was to bring people from
the suburbs into the center core of Miami to create new development
in this area, but what we are finding in fact is that the development
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Mr. Plummer: No, I don't have it.
1C3
is now taking place in the fringe areas. You are having South Miami,
you are having Dade County that are taking advantage of the Metrorail
System to promote intensive development in the immediate areas of their
station. If this trend continues and the City of Miami does not
provide the sufficient incentive for developers to take the Brickell
area which is that which is mostly the red around the Brickell Station
you are not going to have any development in this area. It's going to
continue to be a dead station while the businesses that should be
settling in this location are moving to the suburbs. We feel that
there are two remedies which can be done and two amendments that can
be made to the plan as it has been presented which would obviate these
problems and promote the development. One is to increase the FARs to
the point where we have 2.0 base FAR above what Brickell presently has
and the other is to keep the three areas separate so that the
development concentration will be in the station area. Mr. Morris is
going to speak subsequently and explain in greater detail the extent
of these amendments. Thank you.
Mayor Ferre: Alright, sir, thank you. Mr. Morris. Yes, sir.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD).
Mayor Ferre: Yes, Ma'am.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Alright, sir.
Mr. Larry Rentz: Thank you, Mr. Mayor. Mr. Gary, I believe just
passed out the one sheet that is highlighted in yellow, that gives
the official position of the Allen Morris Company regarding the SPI -7.
Do all the Commissioners have this in front?
Mr. Rentz: My name is Larry Rentz. My address is 14315 Southwest
62nd Street. Good afternoon City Commissioner staff and ladies and
gentlemen. I have been personally involved in the Brickell area and
the citizens study in the Planning Department's study of the Brickell.
That's about 1978 when Jack Luft and Joyce Meyers headed up the City
staff on planning for zoning in the Brickell area with the anticipation
of the Metrorail Station. The Master Plan was adopted by this City
Commission in 1981. At that time the SPI -7 area if you will take a
look at the chart and map on the easel the SPI -7 area is the area
outlined in blue and the Brickell Station is in red, as you can see
the SPI -7 area is immediately adjacent to the station. The Master
Plan called for the SPI -7 area to have the higher density as far as
development in the entire area. Since the Master Plan this zoning has
in fact been reversed. The SPI -7 area has been down zoned and the
Brickell area has received increases in zoning. In other words the
intent of the Master Plan is in jeopardy. Brickell's zoning has about
doubled since the Master Plan and SPI -7 has been decreased by about
a quarter. So, you can... They are saying why the SPI -7 owners are
somewhat upset and are appearing before you today. As you know I am
with the Allen Morris Company and have been with them for eleven years.
However, in addition we represented approximately thirty owners in the
SPI -7. A hundred percent of the owners are in favor of increased FAR
in SPI -7. As all of us know there has been no new development in the
SPI -7 area for about fifteen years. We believe that the reason is
primarily inadequate zoning. We also, believe that the proposal before
you in its present state as presented by the Planning Department is
also, inadequate zoning to encourage development. If the... I'm sorry.
If the SPI -7 was to receive the same increases in zoning that the
Brickell area as received since the Master Plan we would before you
probably asking for FARs way excess of fifteen. We are not requesting
this high of an FAR. In fact quite less as you will see on your
highlighted sheet. We believe unless economically feasible zoning is
given to the SPI -7 area very similar to what we are asking for if not
exactly, we believe that the future of SPI -7 as far as development is
in jeopardy and the success of the Brickell /Metrorail Station is also
in jeopardy. Therefore, in closing I respectfully request that the City
Commission deny the Planning Department's proposal as it currently
exist and approve the Planning Department's proposal with the
- APR 2 6 1984
gl
amendments that are summarized the official sheet given you. Thank you.
Mayor Ferre: Alright, sir, thank you. Are there any other speakers
on this issue? Mr. Traurig. Alright, yes, sir. Mike, you want to
go next? Go ahead. And then after that...
Mr. Michael Latiner: My name is Michael Latiner. I am a real estate
broker and property owner in the SPI -7 district. I'm also representing
property owners comprising a total of approximately seventy -five lots
in the SPI -7 District. I have been active as a real estate broker here
in the Brickell area for a number of years now and my experience has been
that there is a crying need for the Commission to come to grips with
this problem once and for all and to establish a zoning ordinance that
will allow the development to commence immediately. The biggest
problem facing everybody today is the uncertainty and the our Planning
Department which I have a high regards for, I think has leaned over
backwards with the development community and the property owners to
try to come up with a plan that acceptable. And I believe in all
sincerity that their plan is an excellent one. It reflects the needs
of the area in tow and not just the Allen Morris Company. It provides
the opportunity for people to get on with doing developments in the
entire area that will take... where the People Mover will be located.
And if the Commission is planning and the County are planning to
spend two hundred million dollars for a People Mover it seems to me
that they ought to provide the incentives for all of the property within
the People Mover to take advantage of that service that's going to be
available. Everybody keeps talking about the People Mover not being a
reality and being four or five years down the road, but the fact is that
we are going, to have a People Mover funded this year and we are going to
under construction within a short period of time and if somebody is
going to put up a building in this area he has got to get started today
to get approvals fora. building that will come on stream at approximately
same time as the People Mover does. So, it's my strong recommendation
to the Commission that we have a Planning Department that knows what
they are doing and that they accept the ordinance as it has been
presented and we get on with development in the area and what it will
do for everybody, is that it will make available a zoning that's
acceptable to the greatest number of people and will provide the
opportunity for any number of small office buildings to be built on
these small lots in this area. No one had addressed the fact that in
this particular area we are talking about seventy -five hundred sq.foot lots
owned by a number of different people. A lot of people are waiting to
build office buildings here. I personally have been involved with
about ten different groups that would like to put up a building in
this area and they have been stifled over the past several years by the
changes that have been occurring and the inability to get permits to
build these buildings. So, I just urge the Commission to provide
everybody the opportunity to take advantage of the People Mover and
to get on with putting up the buildings that are already planned and
in the minds of the people that own the property. Thank you.
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APR 2 6 1984
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Mr. Plummer: Anybody else wishing to speak, if you will come up. Don't
be bashful. State your name and mailing address and proceed.
Mr. Harold Sawyer: My name is Harold Sawyer. My wife and I own property
at 30 S.W. 10th Street. We live at 7414 S.W. 59 Place. I am a retired
school teacher from the Dade County School system. We are opposed to the
unification of the SPI -7, SPI -7.1, and SPI because of the following.
This proposed unification is in conflict with the master plan of 1981,
which states that the best zoning should be adjacent to the Brickell
Metrorail Station, as an incentive to develop the area.
Mayor Ferre: Let me interrupt you to ask you a question. You said "we ";
you said "I am a retired school teacher." Who is "we ", you and your wife?
Mr. Sawyer: My wife and I own the property at 30 S.W. 10th Street.
Mayor Ferre: I got you. I didn't know whether you were representing a
group or an association or retired school teachers, or C.T.A. or what.
I understand, you and your wife. Thank you sir.
Mr. Sawyer: Also, the Planning Advisory Board at its March 21st hearing,
denied the Planning Department's proposal to change the SPI -7 zoning. Also
the P.A.B. denied the unification of SPI -7.1 andSPI -7.2 into SPI -7.
Therefore, we urge the map to remain the same, as it is along with the
recommendations of the Allan Morris Company that the F.A.R. be increased
in SPI -7 area. Thank you.
Mayor Ferre: Jack, do you want to respond briefly?
Mr. Jack Luft: We have more speakers on this.
Mayor Ferre: I know, but 1 think we need to respond to him. I need to
know whether this is contrary to the 1981 master plan.
Mr. Luft: Mr. Mayor, the point that they are trying to make with regard
to the old master plan was that we called for greater intensity next to
the transit stations and not so much on Brickell. Avenue. We are restoring
that balance. Despite what their perceptions are, and I'm not acusing him
of anything, but the simple fact is we do have more intensity next to the
Brickell Station and we feel the master plan, its basic principles are
being adhered to. It is no more complex than that.
Mayor Ferre: Thank you. Mr. Traurig. Are there any other speakers here?
Mr. Robert H. Traurig: Mr. Mayor, members of the Commission, my name is
Robert H. Traurig, I'm an attorney with offices at 1401 Brickell Avenue.
I represent Mr. Armando Codina, Mr. Jeb Bush, Mr. Howard Charlin, and a
number of other property owners who have properties which are located
within the 7.1 and 7.2 areas. We concur with what Mr. Luft has said
with regard to the cohesiveness of the area and the fact that it is
necessary to give incentives to all of the properties from the river to
Simpson Park so that area can develop simultaneously with the development,
not only of the main transit station, the Brickell Station, but the people
mover system which will serve that area. I. would like to propose to you
a compromise which satisfies the basic suggestions made by the Planning
Department, and in addition recognizes that there is some differentiation
between the properties that are currently SPI - and the properties that
are 7.1 and 7.2. The compromise that I would suggest to you is this.
There is no question that there will be more ridership that will utilize
the Brickell Station than will utilize the people mover system. Jack
talks about a transportation system management plan that is being worked
on. I trust that it will include not only the people mover system, but
also some other feeder vehicles which will go through the entire Brickell
area and will pick up people and carry them to the main system stations.
What I would like you to consider is this. I have put it on paper and I
would like to propose it to you in the form of some amendments to what
has been initially proposed by the Planning Department. Basically, what
Mr. Bachelor has said to you is that there should be a very substantial
increase in base F.A.R. over what is presently enjoyed in the SP1 -7
district, because there was always the intention that district have a
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. APR 2 6 1984
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Mr. Traurig (Con't): much greater base F.A.R. than the SPI-5, which is
the Brickell district. What we are suggesting to you is a very modest
increase over what the Planning Department has proposed. It has proposed
a base of 2.25. The base on Brickell right now is 3.25. We Are suggesting
a base of 2.75, which is only an increase of .5 of what has been proposed
by the Planning Department. But then we go one step further. We say that
there is a parallel between this area and the Omni area. When this Commission
zoned the Omni are to CBD-2 initially and is now the SPI -6, what you recognized is
that if a property were within a certain distance of the transit station
or the people mover station, and as a matter of fact, at that time and in
that area, all you contemplated was the people mover system and not a main
mass transit station, that there would be a bonus because of that proximity.
We are suggesting to you that you consider these bonuses based on proximity
to the different types of stations. If properties are within 1,200 feet
of the main transit station on Brickell, that is the platform of that
station. We ask you to consider giving a bonus of 1.0 to those properties.
If properties are within 600 feet, not 1,200, but only 600 feet from a
people mover station, we are asking you to consider a bonus of .5 for
those properties. Consequently, if what I propose is enacted by you,
you would have a base of 2.75 and properties within the 7 -1 and 7 -2
areas would enjoy probably an additional .5 and they go up to the 3.25,
which is equal to what the Brickell area now has. But properties that
Mr. Morris own that are within...and these other people that are within
the 7.0 area and within the 1,200 feet walking distance to the main
platform of that station, would get an additional 1.0. So they would
have a 4.25. Any of us, based on what has already been proposed by the
Planning Department, could also purchase the additional square footage
that we think we need in order to make a larger development on our
properties. We would do that by paying the $4.00 per square foot that
the Planning Department has proposed, and that would go into a housing
fund for other properties within this district. We think that is a fair
compromise, because it does not substantially increase the floor area
ratios of the properties in the 7 -1 and 7 -2 areas, and it gives the
other properties of the 7.0 the additional 1.0 F.A.R., which creates
the distinction, the differentiation between them and the other properties,
and also gives then what: might be the equivalent of a 4.25 for starters,
which is greater than what Brickell has and then they can still buy the
additional square footage at the $4.00 per square foot. We urge you to
consider this as a compromise between what the Morris Company has proposed
and the Planning Department has proposed. We thank you very much.
Mayor Ferre: Wait a moment, Bob. Is this your document?
Mr. Traurig: Yes, sir, that's our document that shows the changes in
those particular sections from what had been proposed by the Planning
Department.
Mayor Ferre: I see you doing a lot more than that. For example, you
crossed out a pedestrian open space.
Mr. Traurig: We didn't make any changes at all.
Mayor Ferre: Who is crossing that item?
Mr. Traurig: That was done by the Planning Department. That's tracking
the Planning Department's language except for the floor area ratio changes.
Mayor Ferre: Oh, I see. In other words, you did not strike out old three
and you did not strike out old four.
Mr. Traurig: We did not strike out any of the language that appears to
be stricken out there. Those were the strike outs of the Planning Department.
The only changes that we are proposing are on the last page, which is the
summary which says, we suggest to you a base of 2.75, that is the properties
owned by Mr. Bush, Mr. Codina, and all, and we propose the additional .5
if we are within 600 feet of the people mover station and an additional
1.0, if properties are'within 1,200 feet of the main station. That is
all we are proposing that you consider.
Mayor Ferre: Let me ask you, Jack, why did you cross out the section
on child care center?
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APR 2 6 1984
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Mr. Traurig: No, I didn't do that.
Mayor Ferre: See, that's the question. Who is crossing out these sections?
For example, let's take page four at the bottom of the page, old section
five, which strikes out the child care center provision. Why is that
struck out?
Mr. Luft: You will have to ask Mr_. Traurig that.
Mayor Ferre: Well, you see, I asked Mr. Traurig and he said, no, he didn't
strike any of this. This is your striking.
Mr. Traurig: Mr. Mayor, I am in error. I thought that strike out, which
obviously had been done by somebody in my office, was the strike out that
the Planning Department had made. We did not intend to strike out any of
the language that the Planning Department had proposed.
Mayor Ferre: I'll tell you what, Mr. Traurig. Do you have a copy of
this, Jack?
Mr. Luft: Yes, we do.
Mayor Ferre: Then, let's go over one by one, so we can see what other
mistakes may have occured here. On the first cover page, section 1576.2.1,
SP1 -7 floor area limitations, is that your strike or theirs? The following
all section 2000.1. Whose strike is that?
Mr. Luft: That was ours.
Mayor Ferre: That is your strike, O.K. On page 2, starting on the sixth
or eighth line down, the floor area....
Mr. Luft: That's ours.
Mayor Ferre: That's yours. Section one is your strike. Then you substitute
what is underlined.
Mr. Luft: Just a small note, on third line on that second page, that
number 2.75 is their number, not ours.
Mayor Ferre: Yours is 2.25.
Mr. Luft: That is correct.
Mayor Ferre: Other than that, the striking out of combination use
buildings and four is your strike.
Mr. Luft: That's right, that's to get rid of the mandatory residential
in favor of the buy out option.
Mayor Ferre: All right, anything else on page two?
Mr. Luft: No.
Mayor Ferre: Page three, any of those additions that are underlined
a, b, or further in section two there is a strike and it says "and .2 ".
Did you strike that?
Mr. Luft: On page three?
Mayor Ferre: On page three, section two.
Mr. Luft: Yes, that's right.
Mayor Ferre: All the additions that are underlined there, a, b, and
then the one down the bottom, those are your additions?
Mr. Luft: Those are ours.
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APR 2 6 1984
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Mayor Ferre: Now on page four, up at the top you strike the whole section
three. Is that your strike?
Mr. Luft: That is correct.
Mayor Ferre: And old section four about theatres.
Mr. Luft: Yes, that's right. But we have added a different measure.
Mayor Ferre: In the theatre section, where I read it, in effect you say,
four square feet for every square foot, not to exceed .5. Is that what
the addition is?
Mr. Luft: That's right.
Mayor Ferre: Otherwise it is the same?
Mr. Luft: That's right.
Mayor Ferre: The child care center, which is old five, new four, that
was not struck by you?
Mr. Luft: No, sir.
Mr. Traurig: We didn't intend to strike it. That was a mistake.
Mayor Ferre: On the next page, it also seems to repeat old four. See,
I think that the old five was struck and you substituted a new....
Mr. Luft: On page five, I'm sorry Mr. Mayor, the underground parking
provision, we had taken out. They have added that back in.
Mayor Ferre: No, sir, I'm still in child care centers. There was an
old child care centers provision, which in my opinion, you did strike
and you substituted a new child COIF: center, similar to theatres which
says, "but at no case :should it exceed .S ".
Mr. Luft: That's right, that is supposed to be there.
Mayor Ferre: Now, on underground parking you were going to say something.
Mr. Luft: We had taken that out as ineffective, meaningless bonus, but
they have added that back in again.
Mayor Ferre: Mr. Traurig, why have you added that?
Mr. Traurig: I think what happened is there was a scrivener's error.
We meant to strike out six. Instead we struck out the child care center
provision. It was just a mistake of what we struck out.
Mayor Ferre: What you are intending to strike out is six?
Mr. Traurig: Yes.
Mayor Ferre: And you concur with that? Is that right?
Mr. Luft: Yes.
Mayor Ferre: This is old six. New six, Heritage Conservation remains
as it is. Seven remains with the new language.
Mr. Traurig: Seven and eight or what we have now suggested you
consider.
Mayor Ferre: Wait, whose suggestion is seven and eight?
Mr. Traurig. Ours.
Mr. Luft: Mr. traurig's.
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APR 2 61984
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Mayor Ferre: So it is not your suggestion.
Mr. Luft: Moving quickly, you are right, Mr. Traurig's is seven and eight.
Mayor Ferre: In effect, that is the provision that says that floor area
ratios shall be increased by 1.0, if they are 1.200 feet from the railway
station. Is that right? That, you do not concur with?
Mr. Luft: No, do not.
Mayor Ferre: Then in eight it is the same thing on the people mover, except
theirs is .5. You do not concur with that?
Mr. Luft: No, we do not.
Mayor Ferre: In the section called commentary on page six, is this your
language, Mr. Traurig?
Mr. Traurig: Yes, that's our language. It's an explanation of what we
had sought to accomplish.
Mayor Ferre: I understand now. Thank you, sirs.
Mr. Traurig: Thank you very much.
Mr. Plummer: Mr. Luft, would you expound a little further on item six,
the second number six?
Mr. Luft: Mr. Traurig suggested that.
Mr. Plummer: 0.K., heritage Conservation.
Mr. Luft: Heritage Conservation bonus?
Mr. Plummer: Yes, sir, see section sixteen thirteen.
Mr. Luft: That is a .25 bonus, if you preserve or foster the preservation
on another location of an approved historic structure.
Mr. Plummer: That is strictly on a voluntary basis?
Mr. Luft: That is correct. It is a bonus; it is an incentive, not a
requirement.
Mr. Plummer: Is there anyone else wishing to speak?
Mr. Mike Anderson: I would like to respond, if I may.
Mr. Plummer: Go, Mike, name and address. You know the rules.
Mr. Anderson: My name is Michael Anderson. I'm an attorney with offices
at 9595 N. Kendall Drive. My major comment about this whole area is the
fact that in the last ten years there has not been one major project
constructed in the area while Brickell Avenue has been increasing and
increasing and project after project is being announced. The owners in
this area say they want a 5.25 base, and that's what they need to build
something. You have a Rapidtransit station that's already there. It's
going to open in three weeks, and the owners are telling you, who have
property in this area, that they need a 5.25. I feel that I represent
a property owner and my property owner has indicated that is what he'd
like to have. I have not had a chance to study the proposal that Mr.
Traurig has made, although it contains some interesting thoughts. I
would like to have the chance to look that over to see how we would
consider it. That is really all that I have to say.
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APR 2 61984
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Mr. tuft: With your permission, I'd like to respond to all five members
of the Commission, if I could.
Mr. Plummer: You have other speakers, you know.
Mr. Luft: Yes, perhaps we could continue.
Ms. Carolyn Laheist: I'm Carolyn Laheist. I have property at 11th Street
and First Avenue. I've been down here a number of times before. I won't
go into exactly what Mr. Bachelor is saying or Mr. Sawyers, but that's
exactly the way I feel and you heard that, because they have property in
that area, they have business in that area, and they talk about fifteen
years. I can think of many more years -I won't tell you how many- but
many more years when nothing has happened in that area. I think we need
to give it as much as possible to that area. I hope that you Commissioners
it was denied by the Planning Department, tsoard, and I that is - should
go back and...if you folks haven't done anything more that ride down in
that area and see those buildings then I think you'll realize what that
is. I respectfully submit that you folks deny this. Thank you.
Mayor Ferre: Any other speakers?
Mr. Michael Armbruster: My name is Michael Armbruster. I'm located at
1060 Brickell Avenue, Suite 101. I'm a property owner in the area of
10th Street in S.W. First Avenue, immediately to the east of the Brickell
Station. I'd like to simply point out that I think it is finally time that
we go ahead and start encouraging developers to break ground and start
construction of their various buildings. It is a shame to know that two
of the developers who were at the previous meetings, between them alone,
threw away five sets of drawings in the period of time since all this
stuff began. It's a shame to waste a lot of money. It's a shame to waste
a lot of time. 1 think it is in the interest of this City to encourage
developers to undertake their projects now and the higher F.A.R. The
bottom line, I believe, is that the higher. F.A.R. will in fact pay the
City more ways than just transit. It's also taxable revenue. I believe
that it will also produce a lot of people walking the streets of this
community in the evening. I. think that is just basically it I recommend
that you increase the F.A.R. to the Allan Morris recommendations. Thank
you.
Mayor Ferre: Thank you, Mr. Armbruster. Mr. Morris.
Mr. Allan Morris: I know you have heard a lot about this, so I'll be
brief. My name is Allen Morris. My office is at 1000 Brickell Avenue.
Obviously we, and the thirty other property owners that we represent
in the SPI -7 area, if you can turn that on the screen, are the ones
that are primarily impacted by this. We are the people that will build
or will not build the project in this area. Under the Planning Department's
proposal, it doesn't make sense to build. This is a very serious issue,
of course. That is why we have been forced to devote so much of our time
and energies to it. I know that's why it has taken so much of your time
as well. We have sought grounds for compromise with the Planning Department
on this. We want to have a cooperating and a compromising relationship
with the Planning Department. We do not disagree with the concept of
higher floor area ratios for the SPI -7.1 and 7.2 areas at the appropriate
time. The Planning Department has rejected our efforts at compromise on
this issue. We previously proposed a base F.A.R. of 8.25. But we would
offer to you today what you have before you. What we think can be made
to work and that is the base F.A.R. of 5.25. We think this is very
reasonable. It is consistent with the master plan. We do not object
if the 7.1 and 7.2 area should be increased at some time. But this
7.2 area outlined in red, the red area representing all the property
owners that we represent in this area, has 300; of the transport
capacity at the Metrorail station than the individual downtown people
mover stations have. So; it makes sense, as the Planning Advisory
Board said, to have higher density immediately around the station.
In summary, I just ask that we please do not allow the integrity of
the 1981 master plan to be' violated. Don't force the development outside
the City of Miami, as you saw in the previous slides of Dadeland,
Bakery Center, Sunset Office Building. After Government Center in
downtown Miami, the only opportunity for high density development
around the Metrorail station is this one. The only other downtown
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Mr. Morris (Can't): station where highrise development is feasible
has already been developed by the government. So this is the big
opportunity to make Metrorai.l and a ?tetrorail development area successful
and bring development and keep development in downtown Miami I thank
you very much. Our proposal, by the way, is very simple. You have it
before you. It can be affected by changing just two numbers on the City's
Planning Department proposal. On page number, labelled A, I believe this
is 1576.2.1, the only two changes are changing 11.0 on line 5 and changing
2.25 to 5.25 right here. Thank you very much.
Mayor Ferre: Are there any other speakers at this time on this issue?
We do have a public speaker.
Mr. Salvador Bonilla: Thank you, I'm Salvador Bonilla from 35 S.E. 7th
Street. I just want to show my concern. I have been away from town for
a while. Last time 1 was present at the City meeting, I was under the
impression that we all had agreed on the last proposal made by the City
planners. Now I find out that things have become very involved, very
complicated. This looks more like a Central American war than a discussion
on development, which is very familiar to me.
Mayor Ferre: Would you repeat that again?
Mr. Bonilla: Looks more like a Central American war than a discussion
of City planning and so forth from the factions that are discussing
matters with no consideration to the facts, and that is my personal
opinion. You can put it down in black and white.
Mayor Ferre: Are you talking about the presentation by the Administration?
Mr. Bonilla: No, I'm talking about the attitude of some of the owners, sir.
Mr. Plummer: That is the commanding officer, Sergio.
Mr. Bonilla: I agree with the presentation made to this Council and to
your consideration the last time that we discussed it. in January, after
it was postponed in the month of December by a suggestion of Councilman
Plummer. At that time, we retired all our objections to...one of the
biggest objectors at the time of the planning, and we came out with the
negotiation where everybody participated. There were more than 70 owners
concerned that approved what the City planners proposed last time. Now
I come back and I find that there are more than 40 people involved and
we are having some people saying that if they make this generalization
of bringing the F.A.R. to 7.0 instead of 7.1, their interests are going
to be affected. My question is, what interests? We have a project and
the Mayor knows which one it is. We have been sitting here for one solid
year with a lot...over $250,000 spent already waiting for them to make up
their minds and we are getting sick of it. We have to revamp everything.
We have to change our sources of financing, while other people are still
arguing about some future profit they expect to make. At the rate they
are going, they are not going to make any kind of profit. The City is
going to grow some other direction. Everybody is going to get the hell
out of there, beginning with me, and then what is their profit going to
be, and who's going to buy the land? So why don't we all finally get
together and do first things first. We have an area where we have two
projects that we want to get going for one solid year. We all agreed
so let's solve that first. The other fellows, let them spend the next
sixty years discussing the millions they are planning to make. That is
my contention here today. I hope some solution can be found today.
Mayor Ferre: I want, this is just one man's opinion un here. I can't sores
more. Other than that the reference to the Central American war, which
I don't think is really the case...I do think, on the contrary, what we
have here is an on- going, continuous struggle. And there are, in the
struggle, a lot of property owners who have a lot of dollars involved,
and there are a variety of view points, depending on whether or not you
own a piece of property and have a project, like you do, ready to start,
that has been held up for a year, or whether you have very slowly over
the last ten or fifteen years accumulated a series of properties at lower
and then increasing prices, and you are trying to maximize your profits
by getting the maximum usage by putting mega- buildings in that property.
All those things are variations of who you are and what it is you own.
APR 2 6 1984
s l
Mayor Ferre (Con't): If you own a piece of property and you are an
affected party, then you have a varying degree. My personal position
is that no matter what this Commission does, I hope that this time, after
a year of bickering back and forth, that we do 'something, and that after
we do that something, we can start bickering about the next one, because
what invariably happens here -and Alan, I want you in particular to listen
to this- I would remind you that you look to history at what happened
around the Omni area. See, and I don't mean to criticize you or your
company or Larry, who is a very capable man and who knows real estate
very well and all your associates, but you see, I don't want to pick on
Tibor Hollo and say that he is a paradigm or an example to follow. But
follow the process and Bob, where is Traurig? Do you remember, cause
you were active in that one and do you remember what happened with
Marty Fine's property and this and that. See, what happened was that
unlike what Allan is trying to do, Tibor just grabbed. He grabbed the
first one that came, and then he got that one tucked away. Six months
later, we were at it again. Then he got a little more. Finally, after
a series of times, we ended up going up to an F.A.R. of 7, but we did it
by climbing ladders, and we didn't hold up anybody in the process. I
think what is happening here in Brickell Avenue is we are trying to perfect
something which is not perfectable. There is no way we are going to please
everybody. There is always going to be somebody who is either too much
or not enough or he wants this or he wants that. We have professionals.
They have gone through a public hearing process. It's time to get on
with this show. It's time for us to do something. Then, my advice to
you, for those of you who are not happy with whatever that something is,
is start over again and in six months, you know, or a year it will be back
here again. You know that even after we pass this, with all due respects
to Mr. Traurig, he'll be here in the next year and a half representing
a client who wants a variance, who says this is a very special situation,
because of the noise of the railroad tracks and because this triangular
piece doesn't fit with this rectangular one, and it is a very special
case and Mr. Fine will be here and the others who represent the property
owners saying that they need a very special consideration because the
access. By the way, they are going to put a theatre in there or it is
going to be a child care center. For that, we need some very special
consideration because this is not just a regular hotel, this is a luxury
hotel in which, instead of having little rooms with 648 square feet, we
are going to have 1300 square feet and Mr. Weiser or somebody is going
to have some better plan, and you know we are going to be added over,
and Mr. Arellano will be very successful in his project and he'll be here
on something. That's life in Miami and in Pittsburg and in San Jose,
California. So le't get on with this thing. Thank you, sir.
Mr. Bonilla: Mayor, I would like to make one last remark. We came here
to work in this City because we felt that it was a dynamic City and we
believe in its future. We like to make money, like anybody else. If
I can get a $6,000 return on my dollar, I'd be very happy to get it.
But you mentioned something before, which is the truth, the professionals
in the business realize that you make a certain amount of profit at a time
and then you reimburse that profit and you keep on building up.
Mayor Ferre: That's right.
Mr. Bonilla: But we are running into people in this area that they feel
that the 7,500 feet they own . in there are going to make them millionaires
and then they can retire for life. It is a wonderful dream. I shared it
with them sitting in my rocking chair, but I hope the Commission really
gets going, bring them back to reality, and get this thing done with
before we kill the hen that lays the golden eggs, which is the City of
Miami.
Mayor Ferre: Thank .you, sir. Next speaker.
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Mayor Ferre: Thank you.
Mr. Max Puyanic: Good evening, I'm Max Puyanic, 59 S.W. 9 Street, I'm a
property owner in the area. I feel that I was lucky enough to be maybe
in that enviable position to be the last one to speak today, or next to
to last. Anyway, what I've been hearing today is really what I wanted to
talk about anyway, and that is moderation and government as a regulator,
rather than an incentive giver. I think I have been hearing an awful lot
of that here already this evening and the fact that we are beginning to
distinguish between the Rapidtransit system stations and the people mover
stations which probably won't even be completed in this area until 1986,
if all goes well. We are now looking at the difference between SPI -7
because of its proximity and SPI -7.1 and 2. I believe that our increases
should be something different than what has been proposed and it is
interesting to see what Mr. Traurig has come up with today, because it
is a moderation of the plan. An easy way to solve the imbalance problem
that everyone has been talking about would have been not to have the
zoning increase in SPI -5 or to roll it back; but that is not a likely
thing to happen. I hope that this Commission will today take some
definitive action that will give the community a clear direction on
what can happen in this part of town and that it will be a moderate
decision for the area. Thank you.
Mayor Ferre: The other speaker.
Mr. Jose Rosado: My name is Jose Rosado, I represent the owners of
104 S.W. 13th Street. I'd just like to say that I support Mr. Traurig's
recommendations in this matter. Thank you.
Mayor Ferre: Mr. Rosado, what property are you specifically representing?
Mr. Rosado: I represent the one that Mr. Luft is pointing at that long
piece which fronts in Coral Way and goes back almost to 15th Road.
Mr. Frank Bermudez: Mr. Mayor, my name is Frank Bermudez. I live at
87 S.W. llth Street. I'm a taxpayer of the City of Miami and an American
citizen. I'rn against, with the amendments of the Planning Department.
I'm in favor, I support the request for the 525 base area and the proposals
of the Allan Morris Company. We are willing to agree with the Planning
Board Department once they readjust all the details concerning to the
areas in discussion.
Mayor Ferre: Are there any other speakers at this time? If not, is there
a motion that the public... This is a public hearing and I'm going to see
if we close the public hearing portion. Is there a second? Further
discussion on the closing of the public hearing? Call the roll.
THEREUPON MOTION DULY MADE AND SECONDED THE PUBLIC HEARING
PORTION OF THIS ISSUE WAS CLOSED.
Mayor Ferre: Now at this point, ladies and gentlemen, when we close off
a public hearing, the only way that a member of the public can now speak
on an issue is if a member of the Commission, through the Chair, requests
that person to answer a question. Other than that, the discussion now
falls into staff and the Commission, Mr. Luft.
Mr. Luft: Mr. Mayor, I'll draw your attention to two facts, then we can
get on with the vote. Please consider these two things. This map shows
you some numbers. These numbers represent the floor area ratios of the
existing development and the current, committed, under construction projects
in Brickell. Those are the floor area ratios on gross lot area, Helmsley -
Spear, Tishman Speyer, Nasher Center...three point...these numbers are
almost without exception, below a four, most of them below a three.
We hear a lot of talk tonight about give us more F.A.R. so we can have
some incentive to develop around the station. We have to have more than
Brickell. This is what Brickell has. This is where Brickell is at.
Brickell is today. The area SP1- -7 is tomorrow. Now, we are offer the
Planning Department a floor area ratio of six on non-residential and
eight for mixed used, 5.4 of that office floor area ratio can be achieved
through one simple bonus. It is truly a bonus. You have a base of 2.25.
If you wish to participate in the City's affordable housing program,
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APR 2 6 1984
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Mr. Luft (Con't): you can contribute $4.00 per square foot. That's all.
We think that is reasonable. If you do that, you have....
Mayor Ferre: I want to tell you that I do not think it is reasonable,
because I think it is much too low. If you go to San Francisco and in
other parts of this country, you know that is a drop in the bucket.
What you are doing, in my opinion, is you are letting these property
owners double and tripple, quadrupple, and ten times over the values
without making any contribution to the social fabric of this community.
I want to tell you on the record that I am totally opposed to any variation
from anything that you are proposing here.
Mr. Luft: I am not going to argue with you, Mr. Mayor.
Mayor Ferre: As a matter of fact, if anything, if I make any motions,
I want to make a motion that they contribute more to low and moderate
income housing, not less.
Mr. Luft: O.K., to get more than anything that exists on Brickell or
is even possible on Brickell, that is all you have to do is participate
on our housing program. If the Mayor wants to up the ante on that parti-
cipation, I'm not going to argue. But I think what we are talking about
here is that one basic point. We are trying to achieve housing in our
downtown, pure and simple, Mr. Traurig's amendment does this. It creates
a patchwork of floor area ratios in this area and they are all higher
than...remember these numbers on Brickell Avenue? Look at those numbers.
They are all at or above what everybody on Brickell is building. How
many people are going to use a housing bonus if they can have this right
off the top free? This is what you would get, and you have to do nothing.
No bonuses, no nothing, you just get this because you are in Brickell.
In other words, we will not get any contribution to our housing program.
We won't get any bonus amenities. We don't get anything. We are just
giving these F.A.R. away and I think we are giving them away, while at
the same time we are trying to do a transportation plan here, while at
the same time we are trying to achieve mixed use. This is an intensive
area. The Planning Department is interested in encouraging intense
development as anyone in this room. We are trying to accomplish that
along with some other basic objectives that the community has, even if
particular developers do not. I conclude my remarks. Thank you.
Mayor Ferre: I asked you a year ago and I asked you three months ago
to look into other cities to see what they are doing in the inner city,
high density areas where, specifically San Francisco came through with
a major break through, where everytime a building is built in downtown
San Francisco, whether it is on Nob Hill or whatever, right down to the
waterfront, they have to come up with money for moderate income housing
in the downtown San Francisco area. I told you also that I was recently
in Boston and in Boston they are seriously, and in Atanta, Mr. Manager,
were you were last week, the City of Atlanta and the City of Boston,
two totally opposite cities, one where there is a Black mayor and a
Black majority, and Boston, a city where there are very strong racial
feelings and have been and where the mayor of Boston represents the
Roxburry and other Irish communities of south Boston. But I might point
out that there they are talking about something a lot worse than San
Francisco, and they call it linkage. Linkage in Boston means that if
you do anything along Metrorail or any of these places, they are not
letting these landowners get away with a $4.00 contribution, they are
asking for mega - bucks: I mean mega -mega- bucks. I mean to tell you that
I think that I'm ready to move on this thing right now, but I want to
immediately start a process where we reconsider, so that those who are
ready to begin construction can begin their construction. If this thing
passes, I'm going to pass a motion that this Commission, even if we have
to have a meeting in San Francisco....
W. Plummer: How about 'E an Diego, where they have the escort service
for the prostitutes? We,can do two things.
Mayor Ferre: We are going to go and we are going to investigate what
other cities are doing, even if we have to go do it ourselves. My
question to you is, what have you done on our...and I think it was a
motion of this Commission.
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APR 2 6 1984
Mr. Luft: I regret that the Planning Advisory Service and the Urban
Land Institute has not given me the speedy response, particularly in
the wake of your instructions to me at our meeting downtown. But I
have contacted the Chicago Office of Planning Advisory Service and the
Washington Office of Urban Land Institute and specifically requested
a summary of all the mechanisms that are currently in effect and in
process in evolution in all of these major cities that you have referred
to, so that we can have that sorting out and with this Commission to
examine the range of options that they have.
Mayor Ferre: I want that before this Commission on May 10th. I'm going
to tell you what I am going to do. Mr. Manager, if this man has to
go to the Urban Land Institute in New York or wherever they are to
fly up to pick up that information, I want that done by May 10th,
because if we have to constitute working committees where we are going
to invite one lawyer, a developer, invite one property owner, and we
are going to invite one social agency, one member of this Commission,
you are going to go to Chicago...you are going to Houston and you are
going to California. Plummer, we are going to send you to Istambul or
Athens, Greece, Beirut, I'm sorry. But we are going to get on with this
issue, which is not a Miami issue. It is a national issue and is one
that we have to get in the forefront of and not come into the tail.
So, as far as I'm concerned, I'm ready to vote on this motion as it is
right now. That is one opinion.
Mr. Carollo: Mr. Mayor, I think that is the bottom line, the gentleman
referred to some of the actions that he's been seeing resemble war in
Central America. Well, that's not quite accurate. What is more accurate
is what is commonly known as the Chinese fire drill. That's what you've
been seeing. We have to come to the bottom line. We just can't keep
dragging this on. The people that are ready to build aren't being able
to.
Mayor Ferre: Other statements, comments, questions? Motions?
Mr. Plummer: I'm voting against it, so you don't want my motion.
Mayor Ferre: Does anybody want to make a motion on this?
Mr. Plummer: If nobody wants to make a motion, I'll make a motion to
deny or defer, either one.
Mayor Ferre: No, don't defer it, J.L.
Mr. Plummer: Then deny it.
Mayor Ferre: There is a motion for denial. Is there a second? Is there
a second?
Mr. Dawkins: Are we voting to deny?
Mr. Plummer: As it is presently before us.
Mr. Dawkins: That is what our staff presently recommends.
Mr. Plummer: No.
Mr. Dawkins: I'm voting for what staff recommends.
Mayor Ferre: Is there a second to the denial motion? Lastly, is there
a second? Is there a motion to approve?
Mr. Carollo: There is ,a motion to approve the recommendations before us
by staff.
Mr. Dawkins: Second.
Mayor Ferre: Is there further discussion? Call the roll.
sl
115
APR 2 6 1984
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ABSENT: None.
Mayor Ferre: Further discussion on the motion, as read? Call the roll.
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 9500
AS AMENDED, THE ZONING ORDINANCE OF 1HE CITY OF MIAMI,
FLORIDA, BY AMENDING SECTION 1570 ENTITLED "SPI -7, 7.1,
7.2: BRICKELL, MIAMI RIVER RAPID TRANSIT COMMERCIAL
RESIDENTIAL DISTRICTS" AND RELATED SECTIONS 1571 ENTITLED
"INTENT ", 1572 ENTITLED "SPECIAL PERMITS ", 1573 ENTITLED
"PERMISSIBLE PRINCIPAL USES AND STRUCTURES ", 1576 ENTITLED
"MINIMUM LOT REQUIREMENTS; FLOOR AREA LIMITATIONS; MINIMUM
OPEN SPACE REQUIREMENTS ", AND 1578 ENTITLED "OFFSTREET
PARKING AND LOADING ", OF ARTICLE 15 ENTITLED "SPI: SPECIAL
PUBLIC INTEREST DISTRICTS ", BY DELETING FROM THE TITLE AND
TEXT ALL REFERENCES TO "SPI -7.1" AND "SPI -7.2," AND
AMENDING SAID SECTIONS 1571, 1572, 1573, 1576, AND 1578
BY CLARIFYING LANGUAGE PERTAINING TO INTENT, FLOOR AREA,
USES, LOCATION, YARD SIZE, GROUND LEVEL SET- BACKS, URBAN
PLAZAS, AND CLASS C SPECIAL PERMITS, AND PROVIDING SPECIAL
REQUIREMENTS FOR GROUND LEVEL PEDESTIRAN OPEN SPACE,
STREET FURNITURE, LANDSCAPING, AND PARKING REQUIREMENTS;
CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo, and seconded by Commissioner
Dawkins and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner J.L. Plummer, Jr.
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.
ON ROLL CALL:
Mayor Ferre: This is on first reading and I am voting with the motion on
first reading. I would like to explain. I have no problem, Mr. Traurig,
Mr. Morris, Mr. Anderson, and to the other gentlemen that have presented
their positions here, I have no problem in increasing the F.A.R. I'm only
willing to do so, however, in a responsible and reasonable moderate decision
in relationship to the burden and obligation of the developer to the overriding
need of moderate income housing in the City of Miami. I'm not talking about
the downtown area necesarily. I would be perfectly willing to go along with
an increase in the F.A.R., as I have in the past, in other areas, which is
Omni. Omni, I might remind you, I was responsible for getting the F.A.R. up
to 7. I don't have any problems going up to 5 in the F.A.R. But those free
ride days are over. We have been pussy - footing around, playing around with
the idea on Claughton Island, now known as Brickell Key or whatever the name
of the island is these days, and we played around with it briefly. We got
some concessions to squire people that they would have some responsibility
for housing which as of yet, we haven't worked out. 1 am anxious to work out.
I don't care if the housing is on Brickell Key. I don't care where it goes,
as long as it is in the City of Miami. But I think that it's time for us to
move along with this, to get on and let those people that have projects underway
to get on with their projects, and I am perfectly willing to start the process
increasing that F.A.R. up to five, but not on a free ride, no more, not this
one. I vote yes.
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APR 2 6 1984
55. DISCUSSION OF SUPER BOWL PRESENTATION - 5 DAY RULE INVOKED BY
COMMISSIONER PLUIRIER.
Mayor Ferre: Mr. Carollo wantq to bring up for discussion the whole
issue of the Super Bowl and the conversation that he has had with Mr.
Robbie. So, go ahead, Mr. Carollo.
Mr. Carollo: Mr. Mayor, I met this afternoon with Mr. Robbie. That
was the reason that I was late for this meeting here. The discussion
that we had was a pretty open and frank discussion. I felt very good
and very positive by the statements that were made to me by Mr. Robbie.
The bottom line of our discussion was that Mr. Robbie is more than willing
to cooperate with the City of Miami. He has an open mind. He wants to
bring the Super Bowl to Dade County. That is the bottom line. I think
that, as some of us feel and stated here previously, there is no way that
we are going to get any future Super Bowls into Dade County unless we have
the backing and the cooperation of Mr. Robbie. It is as simple as that.
So, what I would like to ask my colleagues is to reconsider the motion
that was previously made this morning, whereas it would limit the repre-
sentatives of the City of Miami that are going to go to Washington, D.C.
and meet with the different owners and representatives of the N.F.L.
in promoting strictly the Orange Bowl. We have to be open minded, have
the leeway of while yes, we should try to make the Orange Bowl our main
priority, not close ourselves to making the Orange Bowl the only game
in town. We can go up there with the mentality and the limitations that
it is either Super Bowl is going to come to only the Orange Bowl and no
where else in Dade County or else the City of Miami is not going to
promote any other cites in Dade County but the Orange Bowl.. I think
we will be doing all the City of Miami a great disservice, if ye are
limited to . that. Out of the hundred plus millions of dollars t :hat any
future Super Bowl would bring to Dade County as a whole_, the vast majority
of that would be going to the City of Miami. No matt :er if that Super Bowl
is being held at the Orange Bowl or in any other site that could be
foreseen for the near future. So what I am asking my colleagues is to
reconsider the motion that was made this morning, based on the conversation
that I had with Mr. Robbie today. Mr. Robbie was very positive, very
open minded. The bottom line was that he is going to and is willing
to cooperate with the City of Miami, Dade County Government in bringing
the Super Bowl to Dade County.
INAUDIBLE COMMENT.
117
Mr. Carollo: Well, Mr. Mayor, I am speaking to the areas that I agreed
with Mr. Robbie that I would limit myself publicly as to the scope of
our conversation related to this matter. I think that we have to start
somewhere and Mr. Robbie has taken a very positive attitude, has a very
open mind. Yes, we are going to try to push the Orange Bowl as the site,
but we are not going to limit ourselves to just selling the Orange Bowl,
like that motion stated this morning. It is going to be very silly for
us to go up there to have the only individual whose word is going to be
the final word in getting all these people that have to vote on this to
agree with them to say no, he doesn't want the Super Bowl if he's not
going to agree to help bring the Super Bowl to Miami if we only push
for the Orange Bowl. Then if we see the Governor, Metropolitan Dade
County Government pushing for other alternate sites as posibilities,
including the Orange Bowl, and the City of Miami is only going to be
talking about the Orange Bowl. I think yes, we should talk about the
Orange Bowl, but we shouldn't limit ourselves to selling any one site.
As to having it somewhere else, but at least it is going to come to
Dade, so be it. But at least we'll do our best to bring it to the Orange
Bowl.
APR 2 6 1984
sl
Mr. Plummer: I have a question.
Mayor Ferre: Yes, sir.
Mayor Ferre: That is an important element, Joe. I subscribe to what
you are saying. I just want to make sure I understand properly. If
Mr. Robbie is saying that what he wants is a two -way street offer...
because if what he is talking about a one -way operation, that is
one thing. But if he's talking about a two - way...in other words, if
he's saying that we go with an open mind and we say that if we brought
in '88 or '89 to the best stadium...if there is a new stadium, obviously,
it will be a new stadium. But if there is no new stadium, that he will
not boycott now or in the future it coming to the Orange Bowl, then I'm
all for it. But if what Mr. Robbie is saying is only for a new stadium,
period, then I don't think we've gained anything. I would hope that we
go half way, then he'll go half way and then I think that's the way t
do it. Let's not put any limitations on it.
Mr. Carollo: What I can limit myself to is stating that he is going to
push to bring the Super Bowl into Dade County, and he's going to try to
push or bring it more than just once and then not having it again for
another ten years. The scope of the conversation that we had was that
he would try to work out an arrangement where we would get it several
occasions in the next ten year period. I don't think that from where
we are right now we can really expect much more than that. If Mr. Robbie
wants to make any additional statements, he's going to have to make them
himself. I can't make them for him. All I am asking my colleagues to
do is reconsider the motion that was made this morning, because that is
not going to get us anywhere. We're going to be knocking heads with
other colleagues in governments. I don't want to go up there in a
mission that is going to be a failure before we get up there. We have
to go up there, yes, with the Orange Bowl in mind, but at the same time
with an open mind to look at other opportunities and other possibilities.
Mr. Plummer: Mr. Carollo, do I understand correctly that Mr. Robbie
has stated that he will push for a Superbowl in Dade County, and if the
only available stadium is the Orange Bowl, he will push to play in the
Orange Bowl?
Mr. Carollo: Plummer, I can only state what was repeated to me. Mr.
Robbie wants to bring the Super Bowl to Dade County, period. Now, that
to me is positive enough to ask my colleagues, to ask all of you, to
reconsider the motion that we made. We are kidding ourselves. If Robbie
is not going to be in favor of this, we don't have one chance in a million
in bringing the Super Bowl anywhere in Dade County, least of all the
Orange Bowl.
Mayor Ferre: See, the problem, Joe, with Mr. Robbie is that Mr. Robbie
goes like this. He says, "Yes, I'll cooperate; yes, I'll cooperate."
You never know what the signals are.
Cesar, don't go. I want to ask you a question. Mr. Manager, through
you to Mr. Odio. Mr. Odio, I want to ask you a question, sir. The current
rules of the N.F.L. in the petitioning of a site for the Supr Bowl. the
petitioner must be the city or governmental entity that owns the existing
stadium. Is that correct?
Mr. Cesar Odio: That is the rule, but....
Mayor Ferre: They can change the rule, I understand.
MT. Odio: They play games with the rules.
Mayor Ferre: They can change the rule and they can say that non - existing
stadium can be a bidder.
Mr. Odio: The case being San Francisco, the city bidding for the Super
Bowl and they are playing Stanford, which the university....
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APR 2 61984
sl
Mayor Ferre: The point is that the rules now are that it is the city
where the franchise presently exists, where the stadium presently exists.
That is why there is a requirement that the City of Miami be the petitioner
officially.
Mr. Odio: Yes, sir.
Mayor Ferre: In other words, the State of Florida and Metropolitan Dade
County cannot be the petitioners.
Mr. Odio: That is correct.
Mayor Ferre: That being the case, I voted against the motion this
morning and my vote sticks. My position is abundantly clear, but it
now requires either Mr. Plummer or Commissioner Dawkins or Commissioner
Perez to change their position if they want to. So I leave; you have
the word.
Mr. Perez: What is Mr. Odio's recommendation. He mentioned about the
different conversations that he had with those people. Do they have
any recommendations?
Mr. Odio: Certainly, the committee that was formed by the Mayor and
the City Commission to bring the Super Bowl to Miami met on Monday
morning. The consensus of the committee after hearing Bob Grease, who
has become an active part of the committee, was that we should get
Mr. Robbie to cooperate with the committee and go together to Washington
and have one presentation, so that we can have a chance to bring the
Super Bowl to Miami.
Mr. Carollo: Cesar, let me ash you this. Excuse me for interupting you.
Do you think, in all honesty, that if Bob Grease or Howard Schnellenberger
is going to go to Washington with the limitations that they are limited
strictly to the Orange Bowl in bringing the. Super Bowl down here?
Mr. Odio: I will answer in this way....
Mr. Carollo: I doubt it very much.
Mr. Odio: They will not get the Super Bowl if Robbie objects to Miami
getting the Super Bowl. They will not have a chance. Bob Grease said
so, that even if he spoke to the owners up there, that it would not do
any good, if Robbie got up and said that he would not support the effort
that Miami's putting.
Mr. Carollo: You are in agreement with what I'm saying and what Mayor
Ferre is saying.
Mr. Plummer: Mr. Mayor, for the record, let me clarify my motion.
Mr. Carollo: Can you say this for Plummer's benefit?
Mr. Plummer: Yes, because all of right now is being said great, which
is usual. Let me clarify my position. Mr. Mayor, I am only stating that
the people that the City of Miami taxpayers pay to go there, protect our
interest. It does not preclude Metropolitan Dade County sending Steve
Clark and whoever else they want to make a presentation for South Florida.
It doesn't preclude the Governor going up and making a presentation for
South Florida. All I'm saying is, you are using Miami's taxpayers money
send them up there, those people we are paying for to make a presentation
in our behalf. That is all I'm saying. It doesn't preclude any other
presentations.
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APR 2 61984
Mr. Carollo: See, J.L., what I am saying is the same thing you are
saying, because even if the next Super Bowl is held in Florida City,
Homestead, the City of Miami's taxpayers, the City of Miami residents
are the main ones that are going to benefit the dollars that are coming
down, because where the majority of these people are going to stay at
are going to be City of Miami hotels, where they are going to spend
the majority of the dollars at is going to be the City of Miami. We
are saying yes, we are going to make the Orange Bowl the first priority,
but we're not going to be tied down exclusively....
Mr. Plummer: Is Mr. Robbie agreeable to that, that the Orange Bowl be
the first priority? If he is, I'll change my vote right now.
Mr. Carollo: J.L., I think I've made myself as clear as I possibly can.
Mr. Plummer: I understand. I'm not trying to put you in the bind. If
he is agreeable to it...I understand...only he can speak for himself.
Mr. Carollo: Cesar Odio has spent not months, years, working with the
Dolphins, committees, the best people that we have in this County in
trying to bring the Super Bowl down here in the past. He is the person
that is telling you that without Mr. Robbie's cooperation and support,
we don't have a chance at all of bringing the Super Bowl down here.
Mr. Plummer: That's exactly why we haven't made a presentation for two
years.
Mr. Carollo: What you are telling me is that...you know this is what
it comes down to, that either we're going to have the Orange Bowl or
you don't want it down here.
Mr. Plummer: No, sir, that is not what I'm saying.
Mr. Carollo: That is what your action.: are going to accomplish.
Mr. Plummer.: I am saying that if I use the City of Miami's taxpayers
to send a representative, that representative be there for the purposes
of protecting our Orange Bowl. That's what I'm saying.
Mr. Carollo: That is exactly what those representatives are going to do.
Mr. Plummer: I have no problem, because those represenatives will talk
about the Orange Bowl first, but secondly they will have the option to
also be open to other areas and any other area in Dade County that is
not the Orange Bowl is going to benefit the residents of the City of Miami
also. The main thing is to bring them down here.
Mr. Odio: Commissioner Plummer, I might be able to clarify this. The
last meeting we went to was in Detroit. At that time....
Mayor Ferre: That was in 1981.
Mr. Odio: '82, wasn't it?
Mayor Ferre: '82.
Mr. Odio: They voted. it at that time that they would bring the Super
Bowl in 1987 to Miami, if we renovated the Orange Bowl, and it was subject
to the renovation of the Orange Bowl. Since we have not done that, I am
afraid, and I am the biggest believer in the Orange Bowl, that to come
back to them and say, "We have the Orange Bowl, but we have not been
able to renovate it."
Mr. Plummer: They are going to say no.
Mr. Odio: That they will not .consider our petition.
Mr. Plummer: O.K., then why are we wasting taxpayers' monies?
sl
Mr. Carollo: I think I've heard that somewhere before. Haven't I?
Mayor Ferre: It used to be like this, "Together we can ".
Mr. Plummer: And that was a loser.
Mayor Ferre: Because if we approach it intelligently with Mr. Robbie's
help, who is the only person that can :Hake, whether we like Robbie or not,
he's the only man that can make the difference, together, as an opponent
of mine used to say, we can, together we can. If we want to approach it
on a together we can....
Mayor Ferre: But "together we can" is a good way to approach this,
because without Mr. Robbie, you are not going to get '87, '88, '89 or
any Super Bowl until we realize the simple logic that you cannot go
against the stream on this because those 27 owners are worse than a
Masonic or a Knights of Columbus fraternity. Those people band together
and they protect themselves, and you know they are not going to go against
one of the owners. So the only way you have any kind of a chance to
hopefully do it in a way so that J.L., and I am with you, the Orange
Bowl first, but we cannot go up there with a strict limitation saying
"If you don't play in the Orange Bowl, we don't want you here."
Mr. Plummer: I didn't say that.
Mayor Ferre: Or "If you don't come play in the Orange Bowl, you have
to try to come to the Orange Bowl first and if somebody builds a new
stadium, you have to come play in the Orange Bowl anyway."
Mr. Plummer: I haven't said that.
Mayor Ferre: Well, then let me understand what you are saying. What
you are saying is that the people who are going up are able to represent
that we want you in the Orange Bowl, if there is a new stadium built,
we understand that is where you are going to play.
Mr. Plummer.: No, sir.
Mayor Ferre: Tell me what it is.
Mr. Plummer: Whomever is sent there at City dollar expense will be there
to represent the Orange Bowl. It doesn't preclude any other presentation.
Anyone else can make a presentation. I don't know how, because the owners
demand, because of the contract....
Mayor Ferre: One presentation, J.L., there cannot be two presentations.
Mr. Plummer: Mr. Mayor, you have five minutes before the council. The
City of Miami can take one minute, and four others can take four minutes.
Mayor Ferre: That's a joke. I'm sorry, I don't mean to hurt anybody's
feelings, but God, you don't really don't want to be a part of something
like that! That would be the funniest thing. Can you imagine going up
before a group and saying, "Fellows, we're here. We haven't renovated
the Orange Bowl. It's still the same old Orange Bowl. We want you to
come down. We are only authorized to say come to Miami to the Orange
Bowl. If you want to come somewhere else, if there is a new stadium,
we're not authorized to speak beyond that. You now have to listen to
Steve Clark or somebody else." Come on! Who's going to do that? Is
Demetrio going to go up and do that?
Mr. Plummer: Hey, Maurice, let's review. Number one, I don't agree
with you too much, but I agree with you on one point. The snow will
be south of Flagler Street before the new stadium is built. I agree
with that. Second....
Mr. Carollo: I'd like to remind you that it snowed in Miami not too
many years ago.
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Mr. Plummer: That was north of 79th Street. I will not accept that it
was in the City limits. Second, I've never known Joe Robbie to break his
word. Joe Robbie has said after the '86 season absolutely no way he will
play in the Orange Bowl. Now, what I'm saying to you, maybe what we really
ought to be considering is not to send anybody at all. If there's not
going to be a new stadium, and Robbie won't support anything in the
Orange Bowl, we are wasting our time, period.
Mr. Carollo: Plummer, if we take that road that you are suggesting,
and that is telling me that because you are not in agreement with a
kind of burrial that a certain family might want with their relatives,
that you are just going to let the body just sit there. Well, what's
going to happen is it's all going to stink. That's what's going to
happen to this.
Mr. Plummer: Mr. Carollo, I hope the day doesn't come that you find
out that you are wrong, because that's not the way it happens.
Mr. Carollo: Well, you'll never have the opportunity to be around to
work on me, Mr. Plummer. The bottom line, Mr. Mayor, is that there
is a strong difference of opinion in this Commission. I think that we
all have to reconsider our positions. Those of us who want to move
ahead and be positive and do something that is going to be in the
best interest, the best positive interest of this community, are going
to have to move ahead. Time will tell who was right and who was wrong.
But if I may, Mr. Mayor, I would like to bring up a motion....
Mayor Ferre: We operate under the Robert's Rule of Law, Mason's, I'm
sorry. Under Mason's rule, anybody can bring up a motion for reconsideration.
Is that correct, Mr. City Attorney?
Mr. Garcia -- Pedrosa: That is correct, Mr. Mayor.
Mayor Ferro: 7 recognize Commissioner Carollo to make a motion.
Mr. Carollo: Thank. you, Mr. Mayor. I would like to bring up a motion,
Mr. Mayor, whereas the City of Miami will have representation in the
upcoming meeting of the N.F.L. in Washington, D.C., for selection of
future Super Bowl sites that representation will make the Orange Bowl
its main priority, but will not be limited on only making the Orange
Bowl the only possible site in Dade County. We will have the option
to discuss other sites while keeping in mind that the Orange Bowl
will be the main priority.
Mayor Ferre: Is there a second to that motion?
Mr. Perez: Before explaining, I would like to emphasize two things.
I think that when we place the Orange Bowl as a priority, it doesn't
have any contradiction with the motion that we approved in the morning.
Mr. Carollo: Yes, it did, Demetrio.
Mayor Ferre: Absolutely.
122
Mr. Perez: No, but I think that the spirit of the motion
that we approved in the morning was only...that the delegation that
was there representing the interests of the City of Miami have the
Orange Bowl as a priority.
Mr. Carollo: No, the motion that was made this morning stated that
we would only...it stated that we would be limited in speaking only
about the Orange Bowl. ,
Mr. Perez: Yes, but do you think that it precluded to have any other
options?
Mr. Perez: I will second that motion, but only in spirit. In the
same spirit that we approved the motion of the morning to have .,..the
only thing that we are going to emphasize is to have the Orange Bowl
as a priority. It doesn't preclude the City to discuss any other.
options.
APR 26 1984
sl
Mayor Ferre: That is a different motion.
Mr. Carollo: There is a difference between this motion and the one
that was approved this morning. The one approved this morning tied
our hands to only talking about the Orange Bow]. as a possible site.
So, I can only conclude, Commissioner Perez, that you are in agreement
with the new motion that has been made.
Mayor Ferre: I don't know. Have you seconded the motion?
Mr. Perez: I second this motion only in the terms to have an Orange
Bowl as a priority.
Mayor Ferre: Right, as a priority, and secondly, if it is not the
Orange Bowl, then there would be a new another stadium that would be
considered also if there is a stadium.
Mr. Perez: I think it would be better to have the opportunity that
this Commission discuss the other options, before making a formal
position giving the Commission that right.
Mayor Ferre: Commissioner Perez, you heard the motion, and I have
to ask for a second. Are you seconding the motion?
Mr. Perez: With that amendment.
Mayor Ferre: With that amendment...Cormnissioner Carollo, do you accept
Commissioner Perez's amendment?
Mr. Carollo: What is his amendment, Mr. Mayor.
Mayor Ferre: The amendment is that the Orange Bowl be a priority.
Mr. Carollo: That is what I said.
Mayor Ferre: And that secondly others can be considered, after; but
the Orange Bowl is a priority.
Mr. Carollo: Others what?
Mayor Ferre: Other stadiums, if they exist, could be considered, but
that the Orange Bowl have the priority position.
Mr. Carollo: That is exactly what I have stated.
Mayor Ferre: Then he accepts that as a qualification. Are you seconding
the motion with that caveat.
Mayor Ferre: Is there further discussion?
Mr. Plummer: Question: is this motion subject to Robbie's agreement
that if there is no other stadium, he's still will support it in the
Orange Bowl? Is is subject to that?
Mayor Ferre: To the maker of the motion.
Mr. Carollo: Mr. Plummer, let's not beat around the bush anymore. What
you are trying to do is to find a way that you can go back to the same
motion and kill all this. The motion is clear. Commissioner Perez
seconded the motion. I call the question.
Mr. Dawkins: I have a question, under discussion.
Mayor Ferre: I will not close off discussion at this time, Commissioner
Dawkins.
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Mr. Plummer: Terrorist!
Mr. Dawkins: My only question to everybody here is, I failed to sense
what's happening, because if there is another stadium, it's obvious that
the game will be played in the new stadium. If•there is no new stadium,
it's obvious the game will be played in the Orange Bowl. So, I fail to
see where all this discussion is. So, if somebody could clear it up
for me, then I will be ready to vote.
Mayor Ferre: Ask the maker of the motion.
Mr. Plummer: All I'm asking is....
Mr. Dawkins: No, you didn't make the motion; Joe made the motion.
Mr. Carollo: Miller, the statements that have been made here are very
clear. The motion that has been made is extremely clear. I think that
you have interpreted the situation quite well. But what I strongly resent
are some of the terrorist like tactics that J.L. is using in trying to
subvert this.
Mr. Carollo: You know, if you can't get in the front way, like Gibson
used to say, you want to come in the back door and knock it down. Now,
I'm sorry that you have whatever personal difference that you have with
Mr. Robbie. Maurice has had differences with him. He's not letting that
get in his way. The bottom line is that what we have to do is do what
is best for this community. Whether the Orange Bowl is site or
another site is going to be used, the City of Miami is going to be the
winner in the end. I prefer the Orange Bowl. But I don't care if another
site, like Lucerne, or another site in Florida City or anywhere else is
used, as long as it comes to Dade County.
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Mayor Ferre: All right, is there further discussion? Call the roll.
Mr. Plummer: Mr. Mayor, I invoke the rule.
Mayor Ferre: What is the rule?
Mr. Plummer: Five days. I will use Joe Carollo's terrorist tactics
that he used before. I didn't want to do it.
Mayor Ferre: Mr. Manager...
Mr. Carollo: I made my point, Mr. Plummer. Your putting your personal
problems with Mr. Robbie ahead of the best interests of this community
that is a snare.
Mr. Dawkins: Move the agenda.
Mayor Ferre: Well, hold on, hold on. Mr. City Attorney, was this
a scheduled item in any way? Is there anything on this agenda on
the Super Bowl, Mr. Manager?
Mr. Gary: No, sir.
Mayor Ferre: This a pocket item?
Mr. Garcia - Pedrosa: Yes, sir. Five day rule is all right.
Mayor Ferre: Then I think the five day rule applies on this question.
I have no options at this point, but to say that the five day rule does
apply and the next ti:ne...when is the meeting in Washington? All right,
this item, I•"<r. Manager, will be placed on the May 10th agenda. This
motion is to formally place it on the May 10th agenda for consideration.
Mr. Carollo: I thin }. that we need to formulate the best and strongest
plan that we can. We need to communicate and work with representatives
of Dace County who might be going over there. Maybe individuals that will
to be going with the Governor. I think that this is such an important
item that we shouldn't wait for the 10th, that we should hold a Special
Commission meeting five days from now.
Mr. Plummer: Mr. Mayor, since I was the invoker, I want to say for
the record I have absolutely no qualms about the committee moving
forward, okay? That is, the allocation of $5,000 can be used for the
presentation. All I have ever asked is that they continue to preserve
the rights of the City. Now, that is all I have asked, but I will not
in any way try to attempt to stop spending the dollars that have been put
forward. I well realize I am the only one sitting on this Commission
who has made six presentations and brought home four. I have brought
home personally four Super Bowls to this City. Now, all I am saying
to you is, you want to proceed with putting the package together - it
takes a hell of a lot of time, an awful lot of commitment. You even
have to reach up into Broward County to get the amount of hotel rooms
that are necessary.
Mayor Ferre: All right, there is nothing we can do now, but wait five
days. I will call a Commission meeting in five days. I may not be in
the City because unfortunately, I have a commitment to be in Texas with
a certain candidate that is running and will be the nominee for the
President of the United States, and unfcrturateiy, I cannot break that
commitment. It is a candidate that Mr. Robbie is a strong supporter of,
so...Mr. Robbie will understand. Now, Mr. Manager, let me see if I under-
stand. I don't think there is any way preludes Mr. Udio or the committee ,
continuing their discussion, but at this time they are under the constrains,
unfortunately of only dealing with the Orange Bowl. If this should in five
days change, or otherwise on May 10th, which is the next scheduled Commis-
sion meeting, and then I think we can reconsider.
Mr. Dawkins: Mr. Mayor...
Mayor Ferre: Yes, sir.
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Mr. Dawkins: Could the Manager or someone get the answer to the ques-
tion that everyone up here has evaded since we have been sittiing here,
and that is will Mr. Robbie support the Super Bowe in the Orange
Bowl.
Mr. Plummer: And if he will, I will vote for the motion!
Mr. Dawkins: See, we keep saying that we want to go and bring it
back in the stadium, but nobody has said -- if we support Mr. Robbie
for any place in the County and he does not have his stadium, will be
support the Orange Bowl? I mean, nobody...
Mr. Plummer: If he says that, I will support the motion.
Mr. Dawkins: What motion?
Mayor Ferre: Can we move along now? I've only got one last question
for you, Mr. Plummer. You were responsible for bringing four Super
Bowls here.
Mr. Plummer: Yes, sir?
Mayor Ferre: When you went to get all those Super Bowls in Hawaii and
all those wonderful place...
Mr. Plummer: In Hawaii I did not bring home the bacon, nor did I bring
home the pineapple.
Mayor Ferre: The other four, where you were successful, did you go
alone?
Mr. Plummer: No, sir.
Mayor Ferre: Was there a committee?
Mr. Plummer: Yes, sir.
Mayor Ferre: Did it have the support of Joe Robbie?
Mr. Plummer: Most of the time, yes.
Mayor Ferre: Did he ever not support it and we got the Super Bowl
anyway?
Mr. Plummer: You will have to answer that, sir, because you were the
one that took the personal insults and blasts the year that he decided
that he would not bring it here and he got very personal against you,
and when he got finished with you, then he started on me, but you were
the one that took the main insult.
Mayor Ferre: M.r. Plummer, let me tell you, Mr. Robbie has personally
attacked me and personally campaigned against me and has spent thousands
and thousands of dollars on top of the table, and God knows how much
under the table to defeat me.
Mr. Plummer: No, no, no.
Mayor_ Ferre: What?
Mr. Plummer: Don't say that - no don't say under the table.
Mayor Ferre: I stand by my word.
Mr. Plummer: Good, I hope you enjoy litigation. (LAUGHTER)
Mayor Ferre: I have absolutley no question in my mind that Mr. Robbie
did everything within his power, including donations to my opponents
and helped in other ways that were not totally above the surface and
noticable, okay ?...to have me defeated and 1 would say that if anybody
has felt the ram and the personal vitriolic attacks of Joe Robbie, it
has been me. I want to telly utat that is okay - that is his...we
.APR 2 6 1984
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live in a democracy and he can do whatever he wants. That has nothing
to do with the issue. The issue is the Super Bowl and if I have got
to go along with Mr. Robbie's request to get him to go up and say to
the owners if he wants the Super Bowl here in '88, '89, I am willing
to do it! Furthermore, I said to the members of the committee, that
if any way because of personal feelings that Mr. Robbie would have
against you and me, that I wouldn't even be on the committee and as
a matter of fact, this morning, as you know, and I fortunately couldn't
be happier over resigning, and now it is going to be the pleasure and
privilege of Demetrio Perez to represent the City of Miami to sit there
next to Joe Robbie when he makes the presentation.
Mr. Plummer: Mr. Mayor, I will state again, if Mr. Robbie will state
for the record that he will support Dade County, even if there is no
new facility in '88 or. '89, I will vote with the motion, but the
problem that I have is if the stadium doesn't come about and he then
torpedoes Dade County, that is where I have a problem. All I am asking
is that Mr. Robbie say that he will support this City for Super Bowl
in '88.
Mayor Ferre: I would like to say that I think we need to move along,
but I do want to make a statement into the record so that it is all
on the record and there is no misunderstanding. My opponent in my
last election received the support of many of the football players,
who in the last days of the campaign walked Overtown and Liberty City
and I am quite sure Mr. Robbie had something to do with that, so, let
me make very sure I am not misunderstood what I meant'with the money
that he put on top of the table and the actions that he did under the
table, I want to make sure that it is clearly understood what I meant,
and that is, that he used a lot of people and a lot of power to try
to defeat me and he wasn't able to do it.
Mr. Plummer: Mr. Mayor, I am very glad that I misunderstood your
first statement!
56. MAYOR FERRE APPOINTS COMMISSIONER JOE CAROLLO AS A MEMBER OF
THE SUPER BOWL COMMITTEE.
Mayor Ferre: I'd like to also appoint Comrdssioner Carollo to the
Super Bowl Committee because obviously he is the only one amongst us that can
talk to Robbie, and I would like for him to have that privilege.
Mr. Plummer: Mr. Mayor is that a majority....
Mayor Ferre: Yes.
57. FIRST READING ORDINANCE: ATLAS CHANGE FROM SPI -7.1 TO SPI -7
BRICKELL /MIAMI RIVER/RAPID TRANSIT COMMERCIAL RESIDENTIAL
DISTRICTS.
Mayor Ferre: All right, is there a motion on Agenda Item 16? Is
there any discussion on 16? Does anybody want to speak to 16?
W. Dawkins: I move that we follow the Staff recommendations.
Mayor Ferre: This is Item 16, it is a companion to 15.
Mr. Plummer: Brickell.
Mayor Ferre: Mr. Dawkins moves, is there a second? Is there a second?
Further discussion? Call the roll - read the ordinance.
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APR 2 61984
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AN ORDINANCE ENTITLED:
AN GRDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATICN OF THE
AREA GENERALLY BOUNDED BY THE MIAMI RIVER ON THE NORTH,
THE METRORAIL RIGHT -OF -WAY ON THE WEST, S. W. 8TH STREET
ON THE SOUTH AND A LINE APPROXIMATELY 190' WEST OF AND
PARALLEL TO BRICKELL AVENUE ON THE EAST, EXCEPT THAT
BETWEEN S. E. 6TH STREET AND S. E. 7TH STREET, THE
LINE IS APPROXIMATELY 390' WEST OF AND PARALLEL TO
BRICKELL AVENUE, FROM SPI -7.1 TO SPI -7; BRICKELL -MIAMI
RIVER RAPID TRANSIT COMMERCIAL RESIDENTIAL DISTRICT;
MAKING FINDINGS: AND BY MAKING ALL THE NECESSARY CHANGES
ON PAGE NO. 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
Carollo and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None
The City Attorney read the ordinance into the Public Record
and announced that copies were available to the members of the
City Commission and to the Public.
58. FIRST REP.DING ORDINANCE: ATLAS CHANGE FROM SPI -7.2 TO SPI -7
BRICKELL /MIAMI R_IVER/RAPID TRANSIT COMMERCIAL RESIDENTIAL
DISTRICT.
Mayor Ferre: Take up Agenda Item 17.
Mr. Dawkins: On 17, we have the Planning Department recommending
approval, but it said Planning Advisory Board motion to recommend
failed by a 2 to 5 vote, therefore constituting a recommendation
for denial.
Mr. Jack Luft: They had the same recommendation on 15 that you
passed, so they were just being consistent with what position they
took on 15.
Mr. Whipple: Which was a denial recommendation as well. They are
all tied together. The logic would be to pass 16 and 17.
Mayor Ferre: Moved by Dawkins, second by Perez on Item 17. Further
discussion. Read the ordinance.
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APR 2 6 1984
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AN ORDINANCE ENTITLED:
NOES: None
ABSENT: None
AN ORDINANCE AMENDING TIE ZOONING 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 S.W. 13TH STREET ON THE
NORTH, THE METRORAIL RIGHT -OF -WAY ON THE WEST, S.W.
15TH ROAD ON THE SOUTH AND S. MIAMI AVENUE ON THE
EAST, FROM SPI -7.2 TO SPI -7; BRICKELL -MIAMI RIVER
RAPID TRANSIT COMMERCIAL RESIDENTIAL DISTRICT;
MAKING FINDINGS: AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 37 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 J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
ABSTAINED: Commissioner Joe Carollo
ON ROLL CALL:
Mr. Carollo: Mr. Clerk, even though I don't have a conflict of
interest, I do have offices where I am working in that area, so I
will abstain.
59. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 740 -742
N. W. 25TH AVENUE AND 741 -743 N. W. 26TH AVENUE FROM RG -1/3 TO
C /R -2/7.
Mayor Ferre: Agenda Item Number 5. All right, sir.
Mr. Richard Whipple: Mr. Mayor and members of the Commission, the
Planning Department recommends denial of this request of change of
zoning. Like the old song, "It is getting worn out, here we go again ".
The Commission may be aware the applicants were before this body re-
questing a change of zoning of four lots, which were zoned duplex
to a commercial classification, CR -2 in conjunction with the current
property owners, that being Channel 23. At that particular time, you
may remember that the Department expressed great concern that encroach-
ment of this commercial zoning into the residential area, and having
a very adverse impact on the residential and living conditions of the
area and very strong and vociferous as to our recommendations at that
time. Ultimately, however, the City Commission did approve the change
of zoning on those four lots encroaching into the residential area,
saving the rezoning of the northerly five feet of the two lots, that
northerly five feet specifically being excluded by which to kill the
possibility of transitional development of the residential lots to
the north, because they would have their side lot lines abutting
commercial zoning to the south. Not withstanding that, as it would
stop the commercial encroachment, it has been decided through this
petition that they need the five feet that was excluded previously
and they also need an additional two lots...so we are down to the
basic point where we just need an additional two more lots and we
will only impact the neighborhood just a little bit more and a little
bit deeper. We feel this has been a very bad precedent to begin with.
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We feel that marching onward and forward is even causing greater prece-
dent. We feel it is injurious to the neighborhood and that the petition
should be denied. It is especially difficult when you look onto the
next item, which in addition to requesting the change of zoning that has
come before this Commission and further encroach upon the neighborhood
by requesting setback variances of towers that are imeediately adjacent
to the residential area. So, on this basis we recommend that the
Commission deny this requested change of zoning.
Mayor Ferre: All right, for the Applicant.
Mr. Robert H. Traurig: Thank you, Mr. Mayor. My name is Robert H.
Traurig. I am an attorney at law and I very proudly represent Spanish
International Communications Corporation, which is the owner and opera-
tor of television Channel 23 here in Miami. That corporation is repre-
sented here by Mr. Joaquin l3laya who is sitting in the front row and
Freddy Francis the architect. As has been indicated to you by Mr. Whip-
ple, this property which is located at 740 N. W. 25th Avenue and 741
N. W. 26th Avenue, which is actually to the north of the site which
Channel 23 presently ownes and uses, which fronts on 7th Street and
it goes from 25th Avenue to 26th Avenue. What we are asking for is
that you consider the expansion of the existing CR -2/7 zone - one
tier of blocks further north, those lots now being zoned RG -1/3, and
we have asked you to consider the expansion of the existing CR -2/7
so that we consolidate our holdings all within the classification
CR -2/7 for very, very valid reasons. We have also simultaneously
requested the necessary variances for us to have two dish antennas
and a tower so that we can operate our communications business out
of that location. Mr. field is showing you the site and what we pro-
pose to do on that site in the dishes and the tower and so forth. It
is important; in fact, it essential that we expand both the site and
the operations at that site to accomodate an expanding market and
service at Channel 23. I don't think there is anybody in this room
or anybody in this community who doesn't recognize that Channel. 23 is
the largest station with the greatest viewing audience any channel in
all of South Florida. And in order to accomodate the personnel and
in order to accomodate the service and in order to accomodate the
program which emanates from that station, we must expand and that is
one of the major communications businesses within the entire South
Florida area. Ir we do not locate our antennas, both the dish antennas,
and also the tower that we propose for the northeast corner, you will
have a very substantial problem with regards to both reception and
transmission without any interference. If we develop what we propose
and put the antenna on the western portion of our property rather
than in the northeast corner, the height of the building, which may
very well someday be built to the west of us on the 27th Avenue
corridor would block the television signals which we are presently
receiving from satellites, which are out over the pacific. We have
with us to present issues on the need for the antenna being in the
northeast corner, a Mr. James Fitzgerald who is in Comsearch, which
is a television research company which gives guidance and advice to
stations all over the United States. He is here from West Virginia
and he will testify, if you desire, on the need for our facility to
be where we propose it.
Mayor Ferre: I think Counselor that you need to do that, because as
you know, a variance like this,a change of zoninc needs to be justified
as to why you are going to put an antenna 3' from the property line of
sucn a magnitude.
Mr. Traurig: We intend to do that, sir. I think though, in the
general terms before you'hear from Mr. Fitzgerald on this subject,
I would say to you that the tower must be on the east portion to
maintain the microwave line of sight to the northeast 199th Street
broadcasting tower, and I would like you to know that our objective
in seeking the zone change, - the expansion of the existing CR -2/7 is
not so that we will have the opportunity to over develop our side.
As a matter of fact, I think it will unfold, as we go along, that
we are oaly seeking to build about one -half of the square footrge
that we are entitled to build. What we really need to do, is to
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APR 2 6 1984
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have the zoned classification, CR -2/7 on the property at which those
antennas will be located, because.those antenna are accessory struc-
tures, which must be on a parcel zoned the same way as the principal
building, so consequently, we couldn't put them on a different parcel,
which is not zoned the same way that the CR -2/7 principal building is
zoned. When we appeared before you a couple of years ago seeking a
lesser expansion, you approved it unanimously, we made commitments to
you that we would maintain a very high percentage of open space, that
we would have underground parking, that we would have very substantial
landscaping on our north boundary, and we not only had committed then,
but we recommit all of that to you at the present time. The plan
which had been developed, and which is supported by the restrictive
convenants that we have presented to the Planning Department and also
to the City Attorney's office commits to develop a very substantial
landscape buffer on the northern perimeter, and also commits that
the northerly five feet will not be zoned, because we will leave that
northerly five feet in the present zoning in order to avoid transi-
tional uses to the north of that property so that the City is pro-
tected against further development of CR -2/7, north of where we pro-
pose it to be, but in our entire northerly end, the two lots that we
seek to add to the CR -2/7, we don't intend to build any buildings.
All we intend to have is the parking underground and the landscaping
and the wall and this televison antennas which we must put in that
corner. It is very interesting, though, that what we are proposing
to put on the northerly perimeter of our property, to protect our
neighbors to the north are 14 foot high trees spaced ten feet from
each other, on the entire east /west dimension of our property, so
consequently, on the entire area from 25th to 26th Avenue, we will
have these very hick trees in addition to the other landscaping,
which we have proposed.
Mayor Terre: Iio' wide will the landscaping be?
Mr. Traurig: We have a landscape buffer of five feet.
Unidentified Speaker:5 feet pluse we have a plaza and on top of the
plaza, we will have another 2 feet wide.
Mr. Traurig: More then that, we have proposed to put a wall on
the back of our property at whatever is the maximum height that
this City would approve. We don't know whether or not you would
approve a height of eight feet, but we talked to the neighbors to
the north of us, and the neighbors to the north of us would be happy
if we could put a wall of eight feet and they are now, I think satis-
fied with that. I would like to digest for you the declaration of
restrictive covenant that we propose so that you know the kind of
commitment that we have already made in writing in a covenant which
will run with the land. Number one, we said that the use of the
property would be limited to use as accessory, to television stations,
studios and offices, including, but not limited to parking, plaza
and satellite and tower antennas. What we are not saying to you, but
is explicit there is that there will be no buildings on that portion
of the property. As a matter of fact, we have already torn down the
existing structure. We do not intend to put a structure on those
two lots. Number two, that we will not utilize the area that we
seek to have results for any floor area calculations, so therefore
we are not seeking to apply that area to our permitted floor area
and thereby increase the size of the building. We could build
120,000 square feet on the property at the present time. We are
only seeking to build somewhere between 50,000 and 60,000 square
feet, and once again, we are not seeking this approval in order to
have that kind of authority to build. Number three, we agreed with
the property owner to the north and we have confirmed it in covenant
that we will protect all of the property owners within the noticed
area of this property - there is a 375 foot notice area - against
televison interference. We guarantee that there will no interference
by our signals with their home T. V. sets and we will guarantee that
and we will be liable to them for any damages that they suffer. We
know as a matter or electronic study that that could not occur.
Number four, we want to assure you and we have assured our neighbors -
we have put in writiIig that in r ,vent this antenna should ever
.APR 2 6 1984
collapse, it will collapse on our property. It will be built in
that manner. It will collapse downward. It will not go to the
other side of the wall, because when antennas do dol.lapse, if they
ever did as a result of a hurricane, they come straight down, and
they do not fall outward of the property itself. Number five, that
we would develop substantially in accordance with the plan prepared
by Eddie Francis, number six, that the wall would be the highest
wall that you would permit and number seven, and it is writing, we
will have twelve to fourteen high trees planted every ten feet along
that northerly border of the property. We are saying to you that
we have absolute need for the variance. Without those variances
we would not have the enjoyment of the property to which we are
entitled. We need the variances. We have a hardship if we don't
have the variances. We are in the communications industry. The
CR -2/7, even on the existing property. permits us to operate tele-
vision studios and we must have the opportunity to utilize those
antennas for reception pruposes and also to transmit to the tower
in the northeast section and I would call on our consultants to
address for you the subject of why we must have the antennas in the
position where we have placed it on this site plan, and I therefore
would ask Mr. James Fitzgerald of Comsearch to address you very
briefly. Mr. Fitzgerald, rather than for me to ask you a lot of
questions about your background, would you just in very brief fashion
tell us who you are, who you work for, what the type of work is, what'
your qualifications are, etc.
Mr. James P. Fitzgerald: James P. Fitzgerald. I am Vice President
of Earth Station Services for Comsearch, Incorporated, Reston Virginia.
I am an engineer. I have been an engineer for twenty five years.
Our company does engineering services consulting work satellite industry
in the terrestrial microwave area. We work for many of the larger communicatons
corporations.
Mayor Ferre: Mr. Fitzgerald, I just have a very simple question.
Mr. Fitgzgerald: Yes, sir.
Mayor Ferre: I need to understand technically why that antenna must
be in that particular corner, why it can't be twenty five feet
from the corner. Why must it be in that particular place ?Why can't be
on top of a building or ten feet over. Why must it be at the corner
of that residential neighborhood?
Mr. Fittzgerald: Yes, sir. First of all, these satellite antennas,
satellite communcations antennas operate at the same frequencies
as the telephone company so the telephone company's signals can
interfere with reception or in transmission they can interfere with
the telephone company' signals, and therefore we did interferences
measurements there we did not measure our rooftop but the normal practice
is to put this communications satellite dishes on the ground, be-
cause of the interference potential in the air.
Mayor Ferre: Why can't it be 10 feet over? on the ground.
Mr. Fitzgerald: The locations were selected due to the fact that
satellites are located over the equator from 7 degrees west longi-
tude to 143 degrees west longitude and, if you are looking at just
the longitude of Miami....
Mayor Ferre: And 10 feet makes a difference?
Mayor Ferre: Okay.
132
Mr. Fitzgerald: ...Well 10 feet may not, but I will go into why we
selected that location. Both the latitude and the longitude of Florida
is 80 degress. If you are looking at a satellite at 70 degrees to the east
and when you look far to the west, sir, your elevation is quite low -
it is only 16 degrees from the satellite to the west to that satellite
is located at 258 degrees so the bottom lip of the antenna must have
a cylinder to the satellite. We sele that location based on buildings
up to 50 feet tall across the northwest.
MR 26 1984
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Mr. Fitzgerald: It can be moved slightly. The existing tower here
is the one they intend to move 100 feet.
Mayor Ferre: The existing tower is on top of the existing building.
Mr. Fitzgerald: Pardon me?
Mr. Whipple: It's in back of the building, Mr. Mayor.
Mr. Fitzgerald: That's the building, Mr. Mayor.
Mayor Ferre: It's in back of the building
Mr. Fitzgerald: Yes, sir.
Mayor Ferre: Show me where que existing tower is. Now let me ask you - why
cannot the existing tower remain. why can't they make a larger tower there,
if necessary?
Mr. Fitzgerald: Okay, the existing tower that the antenna could look to So.
and as you could see, that tower structure would block the view to
the south, so there is a distance that it has to be - the dish has
to be back to clear that tower.
Mayor Ferre: Does the existing tower capture that 16 deg. angle from the
satellite which is important to get now?
Mr. Fitzgerald: No, sir.
Mayor Ferre: It doesn't get it now. You want to get it with the new tower?
Mr. Fitzgerald: to would like to move the tower to the back of the
dishes SO the dishes never look through the tower.
Mayor Ferre: Why?
Mayor Ferre: So that they don't obstruct signals from the satellite.
Mayor Ferre: Now I understand. Okay. In other words the tower
has to be in back of the dishes. Is that what you are telling me?
Mr. Fitzgerald: Yes, sir.
Mayor Ferre:
Mr. Fitzgerald: Yes, sir.
Mayor Ferre: Now I understand.
Technically it has to be that way.
Mr. Gary Held: Mr. Mayor, my name is Gary Held, 421 Brickell Avenue.
If I can add some clarification to the operation of the antennas, as
Mr. Fitzgerald can confirm this. The tower antenna is for the purpose of
microwave communication between the N. W. 7th Street site and a
site at 199th Street, which is the operation site for Channel 23.
The microwave, the satellite dish antennas are used to connect to
the satellite, except they are two operations and will be brought
to the site.
Mayor Ferre: You don't have that now? That dish is up on 199th
Street now.
Mr. Held: 199th Street is a broadcast antenna.
Mayor Ferre: Yes, but there is a dish up there, okay ?...and what
you are saying is, you are going to move the dish here and you cannot
have the tower in front of the dishes - you have got to have the
tower behind the dishes.
Mr. Held: Yes, sir.
Mayor Ferre: Those are the technical reasons and that is the way
it happens to work out.
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APR 2613844
Mr. Held: We have nothing further to add.
Mr. Carollo: Mr. Traurig, my only question 1 think is more in line
with the question that the Mayor had which is a valid question. Are you
willing to go to covenant that that particular property that if you
receive the zoning variance will only hold the antenna dishes -that
you are requesting to place there, rather than this need for a variance.
Mr. Traurig: Yes, sir, that is already in our covenant. The only
use we will make of the property in which we are seeking the rezoning
is the open space, the underground parking, the landscaping and those
antennas. There are no buildings.
Mr. Carollo: That is all included in the covenant?
Mr. Traurig: Yes, sir, it io already there.
Mayor Ferre: Is there anybody here who wishes to speak on this
issue other than proponents? Is there anybody in the audience that
wants to speak? Any questions from members of the Commission?
Mr. Carollo: Does the Planning Department have
Mr. Whipple: Yes, sir, just a couple of comments I want to bring
to your attention is a point that the Applicants are making is that
the location of the antenna - the dishes, is based upon the proba-
bility of future developments of the area surrounding the subject
property there and not basing it upon what exists there today, but
that in some days in the future, there may be higher building along
the commercial arterials that would interfere with...
Mayor Ferre: That is good business logic.
Mr. Whipple: That is true, Mr. Mayor, and that which brings me to
the second point, it is good business logic to do things like that
and it would seem to me that in locating a facility and developing
the facility, this would be one of the earliest - the first things
that would be checked as to the appropriateness of the facility and
the needs of that facility, which obviously has not been done, or were not
even done as of the last time you considered the previous rezoning,
and I would hate to think that these technicalities are going to
dictate that all dishes antenna are therefore going to have to be
right in the middle of residential areas so that we will have no
possible intrusion by the commercial community. This just doesn't
make good sense to us.
Mayor Ferre: If you want to let me tell you what this is all about.
As you see, it is a fairly simple proposition. What it is all about
is that this channel wishes to be near an expressway in Little Havana,
which is where their main audience is, not too far away from the
downtown and not too far away from the airport. So they have selected
a commercial property on a commercially zoned area. unfortunately,
through no fault of theirs or ours, when this City was planned and
rezoned 35 or 40 years ago, these little commercial strips were so
narrow, they don't really solve the problem. Sergio, this is the same...
this is the Coral Way problem, except that instead of an office building
or a store projecting into a residential community, which is what
Arnold White wants to do in the 27th and Coral Way, it's Channel 23
doing the same thing in this particular neighborhood. The problem
is that there a very few pieces of property in Miami that would have
the kind of requirements that they have that they wouldn't have to
come to rezone because of the depth of property they need to get.
So, they do what everybody else is doing, which is buying a piece of
property that is properly zoned, which this one was, CR -2/7 and then
what they do is they buy the residential property behind it and then
they go in for a rezoning. When that doesn't meet their needs, they
buy the next lot and come in for a rezoning of that. It's happening
all over the City of Miami. I don't think...my position in these
things is very simple. I think people have the rights to live in
their homes in peace and tranquility. If the neighborhood is violently
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APR 2 6 1984
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Mr. Fitzgerald: And that moves it back into that corner.
Mayor Ferre: In other words, what you are saying is it is fcr
technical reasons. you have to have a cylinder - you have to 90 16
for both satellites - you have to have technically that position.
Mr. Fitzgerald: You have to have clear line of sight.
Mayor Ferre: And you mean to tell me that ten feet over you
don't have that? Because a building would stop it?
Mr. Fitzgerald: A building 50 feet tall across the street based
on this, you probably...
Mayor Ferre: As I look at that photograph - fifty foot to the building
is not fifty feet in the first place, and in the second place, the build-
ing is directly behind the property that you are rezoning.. Let me
tell you where I stand on this, so that we don't.misunderstand each
other. I don't have any problem with rezoning that back property,
because I think that as long as we buffer it properly and a five foot
setback, I don't have any problem with that. I do have a problem
with a 80 foot (Mx. Whipple is it an 80 foot antenna ?)
Mr. Whipple: 100 feet.
Mayor Ferre: A 100 foot antenna. I do have a problem with a 100
foot antenna three feet from the property line.
Mr. Traurig: We are not three feet - I think if you got that
impression...
Mayor Ferre: I got that information from flr. Whipple - I understood
a 100 foot antenna three feet from the property line.
Mr. Traurig: Okay, we are twenty feet from the property line -
we are twenty feet westward from the east property line, and we are
ten feet, eight inches from the north property line, and our problem
is not the buildings that are presently there, but because 27th
Avenue will permit higher buildings to be built in the future, we
have to have that kind of protection so that we move it as far to
the east as possible. We are twenty feet from the property line.
Mayor Ferre: Bob, you are going to the north, not to the east.
Bob, if you look at 27th Avenue, it is zoned CR -3/7, the whole
length of it is CR -3/7, and that higher building can go anywhere.
It doesn't necessarily have to go in the corner. In other words
whether it is a yellow or a purple piece over on 27th Avenue, it CR 3/7
Now, if there is a technical reason why it has to be
there, then I think I can understand that too, but if there is no
technical reasons but if it is an architectural consideration then I have
got to think of what the logic is of putting a 100' antenna 101 feet
from a reFiriential neiohhnrhood.
Mr. Traurig: I wouldn't preempt Mr. Fitzgerald answering that. He
has told us that there is a technical reason that it has to be. That
because of the angle, it has to be as far to the east as possible,
and as far to the north as possible, but I would let him answer the
question himself.
Mr. Fitzgerald: It can go to the west, and I have some distances
for different sized buildings.
Mayor Ferre: I am not worried about going to the west, but going to
the west you see, you are' getting away from the street and I don't
think that...now, the problem that I have is the proximity of the
antenna to a residential lot, specifically lot 3, if you will look
at it there, and lot 2 and the other residential properties. But
you are going to have next to somebody's home a 100 foot antenna
ten feet from the property line. My question is, you can have it
the next block over, or is that impossible? The technical reason,
if its impossible then I have a,-n„ mind on it.
A e ft 261984
Mayor Ferre ( Gon't): and totally opposed to it, then I think that augers
for the balance tipping on the side of the neighborhood. Unless there is
an overriding social need...now, this is what I call the Dr. Ben Shepperd
problem. You know Ben Shepperd used to come in with his clinics and his
things all the time. The neighborhood said, "We don't want any more of
these half -way houses here." But the overriding social interest of the
community required that we have these half -way houses. It got to a point
where we had too many of them. So then were put back to being more
astringent and conservative in our approach
Mayor Ferre: Cont'd... Now the problem here is that they
have a commercial need. It' intrudes into a residential
neighborhood but the neighborhood is not opposed with the
exception of one property owner and then who is opposed, the
Planning Department and they are opposed on principle and
properly so. But the problem, and with that I conclude my
statement, the problem is that we, I think there is an
overriding need to understand this particular issue with a
profit making company that also serves a social need of this
community and, therefore, with that combination, I am not
opposed to this, provided, however, and Mr. Blaya, I'm sorry
you're not going to like what I'm going to say, but I think
those 14 foot trees are ridiculous, I think you need to go
to 20 foot trees. I think you need to go to an 8 foot wall
and I would like to see at least a 10 foot set back and
green area. Five feet is nothing, that's five feet. Now,
is there any problem with that, Mr. ... And I think it has
to be voluntarily, obviously.
Mr. Whipple: Mr. Mayor, may I suggest one other considera-
tion?
Mayor Ferre: Yes, sir.
Mr. Whipple: You might want to consider holding back the
zoning in a manner similar as you did the last time so that
you not afford the northerly lots transitional development.
Mayor Ferre: Yes, in other words 5 foot.
Mr. Traurig: We I, think have already withdrawn the north-
erly 5 feet from this application. If we haven't, we would
like to withdraw it so that it will prevent the transitional
use. (2) We will accept all of the conditions which the
Mayor has indicated. We volunteer those, but on the other
hand, you can also condition the variance, this is not just
a zone change. So you can condition the variance but in
addition we will amend the covenant which we have given to
you to reconfirm what we have just volunteered.
Mayor Ferre: In other words 10 feet of landscaping, the
width is not a 5 foot strip, it is a 10 foot strip. There
will be 8 foot wall.
Mr. Traurig: An 8 foot wall and 20 foot trees. Now, we may
have to get a variance for the 8 foot wall.
Mayor Ferre: No, you don't need a variance for that.
Mr. Traurig: That's fine, an 8 foot wall, 20 foot trees and
the additional...
Mayor Ferre: A 10 foot green area.
Mr. Carollo: Bob, the only other question that I have , and
what we're doing here is really nothing different than we
have done in the past for the Miami Herald on other occa-
sions, with WQBA and now we're doing it again for Channel 23
so we're being consistent the way we're dealing with the
different medias. My concern is, this is where I want to
get the best guarantees that I possibly can for the City.
Mr. City Attorney, I need your guidance on this. How can we
go about to be assured that for any unforseen reason if
their engineers misjudged anything and we have a major
hurricane and that antennae goes down and it doesn't go down
the way that they have predicted and described here, and it
goes maybe and flies into another property next door, what
can we do now before we grant this to make sure that we have
the best protection where the City won't be liable?
RT
137
APR 2 6 1984
Mr. Garcia - Pedrosa: The only thing I can think of, Commis-
sioner Carollo, is to have them proffer voluntarily a policy
of insurance that would protect any of the surrounding
properties.
Mr. Traurig: We have in our covenant made the statement,
and we'll implement it any way you want, but any damage
caused by the antennas to abutting properties shall be
repaired at the expense of the undersigned. So we have
already contemplated that that might be an issue. If you
would like us to secure that pledge by an insurance policy,
we're happy to do that.
Mr. Carollo: Mr. Gary?
Mr. Gary: I think the offer is commendable, but we have a
hurricane and strong winds it may not be just abutting
properties, I think you should expand that to include any
properties. The damage that a tower may cause if it
falls...
Mr. Carollo: Yes, it could be two blocks away.
Mr. Gary: Exactly. So if he modifies that it would proba-
bly helpful.
Mr. Traurig: We will produce an insurance policy that
protects that neighborhood.
Mr. Carollo: Okay. Mr. City Attorney, Mr. Manager, can a
reasonable compromise be reached in what that insurance
policy should have? In other words, can you reach a compro-
mise -a well, the counsel has to volunteer that - just a
blanket....
Mr. Traurig: We have a blanket public liability insurance
policy and we will specifically provide by endorsement that
it covers the property owners.
Mr. Carollo: Whatever properties would be damaged in an
unforseen tragedy like this if it were to happen. Fine, I
think we have covered all the areas that we needed to to
insure the safeguards.
Mr. Plummer: Isn't that a freestanding?
Mr. Traurig: It is a freestanding antennae on a concrete
base.
Mr. Plummer: But it is freestanding.
Mr. Traurig: Yes.
Mr. Carollo: This other problems, Mr. Mayor, you just
have to have a thick skin to handle it, but I'll make the
motion to approve the recommendations of the Zoning Depart-
ment, Number (5).
Mayor Ferre: All right, with the stipulations that....
Mr. Carollo: With the stipulations that the counselor has
volunteered, of course.
Mr. Traurig: Yes, we reconfirm them.
Mr. Perez: I second that motion, Mr. Mayor, without any
doubt. I think this project is not overdeveloping the site
and in accordance with the zoning recommendation I second
that motion.
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138
APR 26 1984
Mayor Ferre: All right, there is a motion and a second.
Further discussion? Call the roll.
AN ORDINANCE ENTITLED-
NOES: None.
ABSENT: None.
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO 9500, THE ZONING ORDI-
NANCE OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 740 -- 742 NORTHWEST 25TH
AVENUE, MIAMI, FLORIDA, (MORE PARTICU-
LARLY DESCRIBED HEREIN), FROM RG -1/3
GENERAL RESIDENTIAL TO CR -2/7 COMMER-
CIAL- RESIDENTIAL (COMMUNITY) BY MAKING
FINDINGS; AND BY MAKING ALL THE NECES-
SARY CHANGES ON PAGE NO. 25 OF SAID
ZONING ATLAS MADE A PART OF ORDINANCE
NO. 9500 BY REFERENCE AND DESCRIPTION IN
ARTICLE 1II, SECTION 300, THEREOF;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by
Commissioner Perez and was passed on its first reading by
title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice- Mayor Demetrio Perez, Jr.
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.
60. DENY APPEAL OF THE PLANNING DEPARTMENT AND UPHOLD DECI-
SION OF THE ZONING BOARD TO GRANT VARIANCE AT 2501 N. W.
7TH STREET AND APPROXIMATELY 740 -742 N.W. 25TH AVE. AND
741 -743 N.W. 26TH AVE.
Mayor Ferre: Item #6 with the same stipulations.
Mr. Whipple: The conditions of the covenant previously
proffered could be attached to the variance as conditioned
on your approval.
Mayor Ferre: That's what I said.
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APR 2 61984
RESOLUTION NO. 84 -490
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
A RESOLUTION AFFIRMING THE DECISION OF
THE ZONING BOARD GRANTING A VARIANCE
FROM ORDINANCE NO. 9500, ARTICLE XX,
SECTION 2003.4, SECTION 2016.3 AND
SCHEDULE OF DISTRICT REGULATIONS, PAGE 4
OF 6, TRANSITIONAL USES, STRUCTURES AND
REQUIREMENTS, CR COMMERCIAL- RESIDENTIAL
(GENERALLY) 1.A. OF ORDINANCE 9500, AS
AMENDED, TO PERMIT THE ERECTION OF TWO
(2) DISH ANTENNAS AND ONE (1) BROADCAST-
ING ANTENNA AT 2501 NORTHWEST 7TH
STREET, APPROXIMATELY 740.742 NORTHWEST
25TH AVENUE AND 741 -743 NORTHWEST 26TH
AVENUE (MORE PARTICULARLY DESCRIBED
HEREIN), AS PER PLANS ON FILE, WITH A
PROPOSED 10' YARD FOR ALL ANTENNAS
(45.65' REQUIRED) AND A PROPOSED 86'
PENETRATION OF THE LIGHT PLANE BY THE
BROADCAST ANTENNA (NO PENETRATION OF
LIGHT PLANE ALLOWED), ZONED RG -1/3
GENERAL RESIDENTIAL (ONE & TWO FAMILY).
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being, seconded by Commissioner Perez, the resolu-
tion was passed and adopted by the following vote-
AYES: Commissioner Joe Carollo
Commissioner Killer J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
61. PERSONAL APPEARANCE: Mr. JULIO BALSERA, RESIDENT OF THE
FLAGAMI AREA.
Mayor Ferre: All right, sir, come over here, and if you
feel uncomfortable speaking in English speak in Spanish and
we'll have a translator.
Mr. Julio Balsera: I would like to speak in Spanish because
I can express myself better.
Mayor Ferre: All right, we have a translator for you, sir.
Go ahead.
Mr. Balsera (As translated by Mr. Aurelio Perez - Lugones:
Good evening and welcome, Mr. Mayor, Commissioners, Mr. City
Manager, Mr. City Attorney and other officials of the City
of Miami. My name is Juulio Balsera. I am a resident of the
Flagami area and I have been a businessman for 20 years in
the same area. My business is related to school transporta-
tion. In my 20 year living in this area I have recognized
RT
14O
APR 2 61984
the brilliant participation and labor that this Commission
has made in the development of this community and City. 1
have noted in those 20 years in Flagami things happen very
often and in the last 3 or 4 years things are being solved
favorably to our area. All of them have not been resolved
but in the near future, with the interest that you have
shown, I trust that resolution will come with a greater
interest in the Flagami area. Now I am going to speak about
the most important points in the Flagami area. Years back
in our area it was difficult to move because of problems
with the drainage. In the last few years the City Commis-
sion has improved 100% the French drainage system. About 5
years ago it was impossible to pick up the school age kids
with our buses on the street. Today we have solved that
problem because 62nd Avenue and Flagler have been improved.
About two and a half years ago the Mayor and the Commission
promised when the Mayor walked this area he promised to the
business men of Flagler and 57th Court and 57th Avenue and
precisely about a week ago there was a great storm in the
area & 57 Avenue & 57th Court, about 15 minutes later it was
all clear, there was no water standing. Let's talk now
about the lighting because in my modest opinion the Commis-
sion as a whole should keep the residents of this area
better informed about what are the improvements that are
being made as a benefit to this community. About 3 or 4
years ago Flagami was a very dark area during the evening.
Today we have every 150 feet a public light .throughout the
area. We have a change that benefits our area. We have
another problem that thanks to the City of Miami and with
the participation of Commissioner Demetrio Perez, I ask for
greater protection in our schools in our City of Miami. We
are talking about the time at which the kids get to the
school and when they leave the school. Today we have that.
We need in this area, for example, not in this school which
has good protection but we need at the Henry M. Flagler
Elementary which is located at Flagler and 53rd Avenue
police protection and a street light at 53rd Avenue and
Flagler Street. At 500 feet from 53rd Avenue there is a
light which is for crossing by school kids but in the 53rd
Avenue which is an access street to Flagler and 7th Street
and it is of great importance that you show a great interest
in my petition because this is the school where I am the
President of the PTA and our children are in danger when
they are practicing sports. I would suggest to the Commis-
sion , even though I know it is the County, the one that has
the power or the responsibility to do it and as the cost of
street lights are in the neighborhood $75,000 and the County
is kind of short of money to see if it is possible to see if
on 53rd Avenue Northwest we can have that street made one
way north to south. In that way we would solve the problems
of the safety of our children and if the City Manager would
check with the Police Department the monthly accident re-
cords of that corner, it could be more than 20 or 30 a month
and some of them with critical injuries.
Mr. Carollo: I think Mr. Balsera needs to know that he has
been heard today, so I would like to move that this Commis-
sion, we'll give the courtesy to the Mayor's Office look at
and handle all the needs that Mr. Balsera suggested for the
Flagami area, if there is any need for the rest of the
Commission to act upon any of this for it to be brought back
to the...
Mayor Ferre: What I. will do, is I will recognize Mr.
Balsera and Mr. Montoya at the next meeting to conclude
their statement.
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141
APR 2 6 1984
ld
62. PERSONAL APPEARJ,NCE: MR. MIGUEL ANGEL MONTOYA AND MR. AND MRS.
BALDOMERO FERNANDEZ REGARDING NEEDED IMPROVEMENT IN THE FLAGAMI
AREA.
Mr. Miguel Angel Montoya: (Comments in Spanish.)
Mayor Ferre: I will translate quickly for those who didn't follow.
He is asking for a street light on 7th Avenue in front of St. Dominics,
for an expansion of Flagler Street so that the telephone poles aren't
in the middle of the street and a community center for the Flagami area.
Ms. Lourdes Fernandez: My name is Lourdes Fernandez. I have lived in
this community over 25 years. I am not debating Mr. Balcera, but some
of the things that he says have been made recently, we petitioned for
them in 1959. Now, we have petitioned to the police in Miami - I have
the copy of the petition here - maybe it was a year, I forgot the date
a year or two ago, for better police patrolling for our area. I can
only speak for two streets which are more visible to me, but other
streets also need it - that is 62nd Avenue and N. W. 7th Street. That
is like an expressway, like a highway. There are signs all over, but
there are no police patrolling there, so the signs are not enforced.
At one time, when we signed this petition, I am sorry that the people
could not stay, because they would have told you the same thing I am
saying. The people were harassed by the police. They were knocking at
their door at 12:00 o'clock at night, saying "We are patrolling your
street - we are patroling your park ". That is not the kind of patrolling
that we asked for.
Mayor Ferre: When did that happen. Mrs. Fernandez? A year ago, six
months ago?
Ms. Fernandez. Chief Kenneth Harms. It was over a year ago.
Mayor Ferre: All right, is Chief Breslow still here?
Ms. Fernandez: I have pictures here to show you what kind of accidents
we have in the streets.
Mayor Ferre: Chief, this is Mrs. Lourdez Fernandez, and I would be very
grateful if you would add her to the list and if you would assign a high
ranking officer that will consult with Mr. and Mrs. Fernandez.
Ms. Fernandez: Another thing, I would ask forgiveness for spurting out
a little while ago. Because you wanted us to see the City Commission
in action, I brought my child here to see the City Commission in action.
I am ashamed that some of you were sleeping, some of you were cracking
bad jokes, some of you were making remarks - you were saying things that
sounded like laughing at our language. I am sorry that I made my remark,
but I think you owe an apology to our children that were here.
Mayor Ferre: Mrs. Fernandez, may I tell you, Ma'am, this morning, most
of us got up either at 6:00 A.M. or 7 :00 A.M.
Ms. Fernandez: So did I!
Mayor Ferre: Excuse me, Ma'am!...and we came here, and we started work-
ing on an agenda at 9:00 o'clock in the morning. We will finish at 9:00
o'clock this evening. I want you to know that these four people and
myself serve in this role on a part -time basis.
Ms. Fernandez: I have,..
Mayor Ferre: I didn't interrupt you and appreciate your courtesy - the
same courtesy that I will extend to you when I finish my statement. Now,
I am sorry that you took personal offense as to the way this Commission
deliberates. You are entitled to ta)e offense, but let me tell you that
if it were not for the ability to get up and move around and once in a
while, crack a joke and laugh a little bit, I think these Commission
meetings would be totally unbearable.
_142
APR 2 6 1984
ld
Ms. Fernandez: May I speak now?
Mayor Ferre: Yes, Ma'am. Thank you.
Ms. Fernandez: I have worked as a volunteer for over 25 years for this
community. I have even done work for you even without you knowing, okay?
Mayor Ferre: I thank you.
Ms. Fernandez: For many of you! Now, I think if you are my guest, and
you are a guest at a school, I shouldn't have had to say this to you.
Mr. Dawkins: May I say something? You said something to the fact of
someone sleeping. I think I am the only one up here who had his eyes
closed, but when you sit here with T. V. cameras blaring in your eyes,
and everything else all day, you have to close your eyes, but I have
never been asleep, I have heard everything that was going on.
Ms. Fernandez: I am glad, sir, very glad.
Mr. Dawkins: Thank you.
Mayor Ferre: Thank you, Ms. Fernandez.
Mr. Baldomero Fernandez: My name is Baldomero Fernandez.
Mayor Ferre: Yes, sir.
Mr. Fernandez: I don't have any complaint about the Commission, but
about some departments - City departments.
• Mayor Ferre: Yes, sir.
Mr. Fernandez: For example, the Parks Department, in reference to
Flagami area, that is a disaster. I have pictures from that park there -
a 100 pictures, and that is a letter to all...
Mayor Ferre: Mr. Kern, have you ever met Mr. Fernandez?
Mr. Carl Kern: Yes.
Mayor Ferre: Would you please arrange for the proper appointment and
review of Mr. Fernandez' complaint and report back to this Commission?
Mr. Kern: Yes, sir.
Mayor Ferre: Mr. Fernandez, is there anything else you wish to...
Mr. Fernandez :...( =NAUDIBLE )...from 57th Avenue all the way 67th, this
is a highway. They don't respect the church and the people going to
St. Dominic's Church, and they don't respect these people going to the
Pan American Hospital. They don't respect the other church, the Baptist
Church there. They are driving all day long between 5o and 70 miles per
hour.
Mayor Ferre: Are you talking about the Police Department?
Mr. Fernandez: No, I am talking about the people driving.
Mayor Ferre: Oh, the people driving, I am sorry.
Mr. Fernandez: Yes, we have been calling, like my wife said. We went
to the Chief personally. . We took a petition for ever a 100 homes, not
people, over a 100 homes. Personally we gave the petition to the Chief
of the Police and he did nothing. That happened a year ago or so.
Mayor Ferre: Well, we have a new Police Chief.
Mr. Fernandez: Yes, and I hope he will do something for us, because
that 7th Street is a super highway.
_ 143
APR 261984
Mr. Fernandez: We are husband and wife.
- 144
Mayor Ferre: I assume, Mr. Fernandez that you and Mrs. Lourdes Fernandez
are related.
Mayor Ferre: And I think the Chief got Mrs. Fernandez' number, and I
assure you that someone will be talking to you and someone from Mr.
Kern's department will be talking to you also.
Mr. Fernandez: Let me tell you, we are only complaining about this
areas, from 7th Street N. W. to 80th Street and from 57th to 62nd. I
know that people will come and they will complain about other sections
of this town. I have got to congratulate the person who is charge of
the Sanitation Department. It is working very beautifully in this
section - very beautifully, so there is no complaint here.
Mayor Ferre: Thank you. All right, thank you very much.
APR 2 6 1984
RT
63. PERSONAL APPEARANCE OF SEVERAL MEMBERS OF THE SHENANDOAH
AND SILVER BLUFF AREA REGARDING DEMOLITION OF A BUILD-
ING, REQUESTING CITY ATTORNEY TO REQUEST EMERGENCY
HEARING.
Mayor Ferre: Those of you that are on scheduled items, I
apologize to you but that is the way, when citizens come and
petition this way, sometimes we have to override the exist-
ing order.
Ms. Marissa Perez: I would like to thank the public for
letting us have those 5 minutes and I'd like to thank you.
We were with you on your Commission Meeting of March 29th.
At that in the morning, at 8:00 O'Clock in the morning there
had been an injunction on the demolition of this apartment
building -- so called. They had had four extensions or five
since then. It has been going on for quite a while now and
I ask the Commission to please have someone from the City
manager's Office, 1 would like HP. Jack Eados and someone
from the Building Department to go in front of this judge
and let hire know what is going on a little more. We have
not been able to speak to him, as per his words - T was in a
Commission Meeting - I think this has gone on too far, they
have no insurance at this time, that building is abandoned,
there is no one there. It is hazardous, it is a hazard to
the children.
Mayor Ferre: Let's bring the issue to a head, what is it
you want us to do?
Ms. Perez: We want it demolished but since we didn't get
that we want someone that knows and can speak.
Mayor Ferre: Mr. Manager, can you answer as to why this
City cannot go in and demolish that building?
Mr. Gary: If you recall, the City Commission directed us,
instructed us, and we complied with proceeding ahead with
the demolition.
Mayor Ferre: All right, there is an injunction by the
judge.
'145
1 4/26/84
APR 2 6 1984
Mr. Gary: There is an restraining order that was filed.
Mayor Ferre: Who is the judge?
NOES: None.
ABSENT: None.
ON ROLL CALL:
RT
MOTION NO. 84 -491
Ms. Perez: Robert Kaye.
Mayor Ferre: All right, now you want us to defy the judge's
restraint, is that what you're telling me?
Ms. Perez: No, sir, I would like someone to be able to
speak in the judge's chambers. We're not allowed. You know
what has been going on. This should have been demolished in
December.
Mayor Ferre: All right, is there a motion that the City of
Miami on an emergency basis petition the judge to rehear
this because it is causing an extreme hazard to the communi-
ty? Is there such a motion? Is there further discussion on
the motion that the City Attorney be instructed that tomor-
row on an emergency basis request that the judge hear this
because of the emergency nature and danger that it poses to
the community? Call the roll.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
A MOTION INSTRUCTING THE CITY ATTORNEY
TO REQUEST A HEARING BEFORE THE APPRO-
PRIATE CIRCUIT JUDGE REGARDING THE
CITY'S PETITION FOR DEMOLITION OF AN
UNSAFE BUILDING IN THE SHENANDOAH /SILVER
BLUFF AREA; FURTHER REQUESTING THE CITY
ATTORNEY TO DO THIS ON AN EMERGENCY
BASIS DUE TO THE PERIL AND DANGER TO THE
COMMUNITY THAT THIS BUILDING CONTINUES
TO POSE.
Upon being seconded by Commissioner Dawkins, the
motion was passed and adopted by the following vote-
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
Mr. Carollo: Yes, and in saying yes, Mr. City Attorney, we
expect for that to be immediately done tomorrow.
Ms. Perez: At 8:00 O'Clock in the morning they will have
their hearing at the judge's chambers. We would appreciate
for someone from the City Manager's Office to be there and
please represent us and have it done.
Mayor Ferre: Ms. •Perez, we are in the middle of a vote now
and let's continue the vote. Mr. Manager, that motion
includes that somebody from the City Manager's Office repre-
senting the City be at the Judge's chambers tomorrow morn-
ing. Is there anything else that we can do for you?
146
APR 2 61984
Ms. Perez: No, thank you very much.
64. INSTRUCT CITY MANAGER TO CONVEY TO THE MISS UNIVERSE
PAGEANT HOST COMMITTEE THAT CITY WILL COMMIT *166,000 IN
CONNECTION WITH THE HOLDING OF SAID EVENT TO BE HELD IN
JULY OF 1981, CONDITIONED TO CERTAIN CONTRIBUTIONS BEING
OBTAINED FROM THE PRIVATE SECTOR.
Mayor Ferre: All right, now on the matter of the motion for
Miss Universe, Mr. Carollo, this morning you wanted to have
the opportunity to talk to Mr. Pantin and I've seen him here
most of the day.
Mr. Carollo: Mr. Mayor, we already failed in one motion
today that was progressive, a positive step forward in
helping to build a positive image for this community in
attracting the kind of recognition that this community
really deserves, not the negative ones that we have been
getting in some sectors in the past that has contributed
directly and indirectly for the tourist dollars to flow in
this community for industry and investors not to come at a
faster pace than they have been coming already. I believe
that we have to be as positive as we possibly can and while
yes, there is a possibility that we might end up being
played with, and by that I mean that the City of Miami might
be used as a bargaining chip for another city for the Miss
Universe Pageant, I think that it is well worth the risk for
this City to go ahead and commit and sign a contract with
the hiss Universe Pageant because if we do acquire this
pageant the publicity that we will be getting not only
throughout the United States but throughout the world will
be unequaled to just about any other publicity that we have
gotten in recent years. Mr. Mayor, if 1 could get Cesar
Odio up here for a second.
Mayor Ferre: Mr. Odio.
Mr. Carollo: Cesar, could you go over the financial ar-
rangements that you have worked out with the Miss Universe
Pageant, the ones that you discussed with me - again, open-
ly, for the record before we make a motion and vote on it.
Mr. Odio: The City of Miami Beach and another source of
funding would have to raise $300,000 cash to be paid to the
Miss Universe Pageant before the pageant is held here July
9th and that could be done in three parts. We would also be
responsible for the Miami Convention Center from June 15th
through July 11th because they would be needed two days to
dismantle. We will provide with the Miami Convention Center
the clean up crews and normal backup crews to the operation
of the center. Also, we will provide rental cars that have
been offered to us, in -kind services, we will get also hotel
rooms...
Mr. Carollo: How many hotel rooms, 50?
Mr. Odio: 200 hotel rooms are required and the meals for
the contestants for three weeks. That will be volunteered.
But the City, County and Miami Beach are responsible for
$300,000 cash. He, in turn, will have to pay for everything
else that goes in the production cost of the pageant.
Mayor Ferre: Which before was a million dollars.
Mr. Odio: The difference before was a million dollars.
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147
APR 2 6 1984
Mr. Carollo: Mr. Mayor, I think the way of going about it
is that the City go ahead and commit to a third of this,
$100,000 for ourselves and that we will raise the other
amounts from other sources whether that be governmental
sources or private enterprise I guess really doesn't matter
as long as the amounts are raised.
Mr. Carollo: Commissioner, can I get you to change that,
please? I would rather have the Greater Miami Host Commit-
tee sign the contract with the Miss Universe Pageant and let
them be responsible for raising the funds and that we con-
tribute the funds to the Greater Miami Host Committee.
Mr. Carollo: I was getting to that, Cesar, I was getting to
that.
Mayor Ferre: Well, I think you shouldn't box yourself like
that, I think it should be either /or.
RT
x.48
APR 2 6 1984
Mr. Plummer: No.
Mayor Ferre: What didn't we cover?
Mr. Plummer: (INAUDIBLE)
Mayor Ferre: That is understood.
Mr. Carollo: That's correct.
RT
149
Mr. Odio: ...I'm certain that he will a —cept the Greater Miami
Host Committee.
Mayor Ferre: All right, so that's acceptable to me.
Mr. Odio: And I feel it is the best way to go at the mo-
ment.
Mayor Ferre: I accept that.
Mr. Carollo: Mr. Mayor, faced with the stipulations that
our Assistant City Manager that has been negotiating with
the Miss Universe World Pageant has so stated for the re-
cord, I'll cast the decisive vote and make the motion. I'll
be meeting with Mr. Glasser soon and I have every expecta-
tion that he would deal with us in good faith.
Mayor Ferre: All right, is there a second? Okay, Commis-
sioner Perez seconds, is there further discussion? Now,
have we covered everything, Cesar, that is needed?
Mr. Odio: I don't know if we covered the rent of the Knight
Center, you cannot waive the rent, you have to pay for the
rent.
Mr. Carollo: That has always been the case.
Mayor Ferre: Mr. Manager, is there anything else we need to
add to this? In other words this authorizes the administra-
tion to deal fully with the problem and conclude it, is that
correct?
Mr. Plummer: The limit of the City's liability is $163,000.
Mayor Ferre: The City, somebody is going to have to, Cesar,
so we don't get caught in this bind again, the City is going
to have to assume the responsibility, in my opinion, if the
host committee does not, for the full amount. Somebody has
to assume that responsibility otherwise we're not going to
get this thing worked out. I would like to leave it in the
hands of the Manager so that it is at the Manager's discre-
tion, knowing full well that our full commitment is $100,000
and the $62,000 for the hall, provided, however, that if we
get the private sector to pick up more than that that the
public sector gets a proportionate share of that money
returned. It is my hope that the hotel and the ship indus-
try and the other industries of Miami would pick up the tab.
All we're doing is guaranteeing that Miss Universe will come
here. But we could be on the hook for $162,000.
Mr. Gary: Mr. Mayor, the way I understand it, you are
giving me the authority to convey to the host committee that
the City is committing $162,000 in a letter of commitment
and they would take that and raise the money, once they get
the difference, they will sign a contract.
Mayor Ferre: Yes, sir. Is that right, Cesar?
APR 26 1984
Mr. Carollo: Granted, Mr. Mayor, like has been expressed
here, we could be on the hook for the full amount, I person-
ally would doubt it very much if we would be on the hook the
full amount. I think that there are enough people out there
in the industry that are going to benefit so greatly from it
directly that they would volunteer funds so that we won't be
on the hook for the full. amount.
Mayor Ferre: All right, further discussion on the motion?
Mr. Plummer: Mr. Mayor, I would just like to make as a part
of that motion, I think a statement that you made this
morning, the City will be receiving 4 full unedited minutes
of exposure.
Mayor Ferre: Is it 4 or 3, or what?
Mr. Odio: No, it is 45 minutes.
Mayor Ferre: No, but not unedited.
Mr. Odio: No, the ...
Mayor Ferre: No, J. L., I don't want to make that part of
the motion because I think that immediately puts a con-
straint. That is the representation that has been made,
that is what has occurred in the past and I „don't have any
doubts that we will get plenty of exposure for this commit-
tee, but I would not want to have that as part of the mo-
tion.
Mr. Carollo: If you want to be riding in a police car
nationally, J. L., I'll negotiate it.
Mr. Plummer: I don't think there are any terrorists here.
Mayor Ferro: All right, is there further discussion on the
motion and the second? All right, call the roll, please.
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 Joe Carollo
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
RT
MOTION NO. 84 -492
A MOTION INSTRUCTING THE CITY MANAGER TO
CONVEY TO THE "MISS UNIVERSE PAGEANT”
HOST COMMITTEE THAT THE CITY OF MIAMI IS
COMMITTING $166,000 MAXIMUM IN CONNEC-
TION WITH THE HOLDING OF SUCH EVENT;
FURTHER AUTHORIZING THE CITY MANAGER TO
SIGN SAID CONTRACT ONCE THE HOST COMMIT-
TEE HAS IDENTIFIED THE BALANCE OF THE
NECESSARY FUNDING FROM OTHER SOURCES,
AND FURTHER STIPULATING THAT IF THE CITY
CAN GET THE PRIVATE SECTOR TO PICK UP
MORE THAN THEIR ANTICIPATED SHARE, THAT
THEN, IN THAT EVENT, THE CITY SHALL BE
REIMBURSED A PROPORTIONATE SHARE OF
THEIR ORIGINAL CONTRIBUTION.
APR 2 6 1984
ABSENT: None.
NOTE FOR THE RECORD: AGENDA ITEM 27 WAS CONTINUED.
65. FIRST READING ORDINANCE: ZONING TEXT AMENDMENT TO ORD.
9500 AMENDING ARTICLE 20 - GENERAL AND SUPPLEMENTARY
REGULATIONS.
Mayor Ferre: The next item before the Commission is Item
28. Is there anybody here who is opposed to this? All
right, Mr. Cardenas, you're not in opposition? You have
some amendments you want to offer. All right, quickly -- to
the point, make your offer of amendments and I'd like to
have a reaction then from the Department to incorporate your
position and your position at the same time.
Mr. Al Cardenas: Thank you, Mr. Mayor, my name, for the
record, is Al Cardenas. I'm an attorney practicing law here
in the City of Miami with the law firm of Broad and Cassell.
I come here to state that we are in agreement substantially
with a proposal made by the Planning Board to amend Ordi-
nance 9500. In our opinion, there are three changes which
are necessary that change this proposal to permit what I
think would be a decent flea market into an outstanding one.
Mayor Ferre: Right to the point, Mr. Cardenas.
Mr. Cardenas: Right to the point. Definitions, Section
2038.1, the proposed Planning Department wording states that
the definition of flea market, subparagraph A) Antiques,
used household goods, curios and similar second -hand mer-
chandise; we would like to change that to a more general
definition which says: a place of commercial activity in
which new and used articles are bought and sold. Let me
tell you very quickly why we say....
Mayor Ferre: Wait a minute. Do you have any objections to
that?
Mr. Sergio Rodriguez: I don't know what is involved in that
though.
Mr. Cardenas: For example, under the proposed definition,
Mr. Mayor, tnere are blind service associations that sell
goods made by the blind, new goods, they wouldn't qualify
under that definition; ladies at home who knit sweaters,
mantel pieces, etc., couldn't sell those because they'd be
new.
Mayor Ferre: Mr. Cardenas, don't over sell.
Mr. Cardenas: Okay.
Mayor Ferre: Mr. Rodriguez, a place of commercial activity
in which new and used articles are bought and sold, do you
have objections to that wording?
Mr. Rodriguez: I guess no.
Mayor Ferre: You do not? Does anybody have objections to
that wording? This is on First Reading. Now, if you have
any problems on Second Reading please come back. Go ahead
on Item 2.
RT
151
APR 2 6 1984
Mr. Cardenas: Next on subparagraph B) it says sales opera-
tions are confined to weekends. We would like to add to
weekends and holidays.
Mayor Ferre: Do you have any objections to adding weekends
and holidays? Obviously, if the 4th of July is on a Wednes-
day....
Mr. Rodriguez: I would.
Mayor Ferre: you have objections?
Mr. Rodriguez: Yes, I do.
Mayor Ferre: Why?
Mr. rodriguez: Because I believe that they .... beyond the
three days that we were talking before and I think one of
the things we are trying to confine is to three days only.
Mr. Cardenas: We would not go over three days.
Mr. Plummer: Well, what about if it is contiguous to a
weekend?
Mr. Cardenas: The maximum period of time that we would, the
maximum number of days per week would remain.at three days.
Mayor Ferre: All right, so in other words what you're
saying is holidays provided, however, that at no time will
it exceed three days continuously.
Mr. Cardenas: That's correct., Mr. Mayor.
Mayor Ferre: Is that acceptable?
Mr. Rodriguez: That would be acceptable.
Mayor Ferre: On First Reading, and if you have problems
come back. What is your third point?
Mr. Cardenas: The next item is Section 2038.2, Limitations
on flea markets, and this is the main part of our argument.
They are requesting that a Special Class "C" Permit be
granted annually, we have a serious economic problem with
that because we want to make this the outstanding flea
market in Florida. Our client wants to spend in excess of
$500,000 to make stalls, removeable stalls and make this a
true showpiece for south Florida. If you make these permits
renewable annually at the whim of the administrator, we
would not in our minds be able to assume a risk in good
conscience of....
Mayor Ferre: So how many years do you want?
Mr. Cardenas: Three years.
Mayor Ferre: All right, reaction?
Mr. Rodriguez: Definitely not.
Mayor Ferre: All right. I don't think you're going to get
him softening on that one.
Mr. Cardenas: That,'s correct, I have discussed the issue
with...
Mayor Ferre: Mr. Cardenas, in the interest of time, I've
suggested we accept the first two and on the third one we
will discuss it on Second Reading.
RT
x.52
APR 26 1984
Mr. Cardenas: Okay. There is one last matter.
Mayor Ferre: This is three and a half.
Mr. Cardenas: That's right. The one last matter has to do,
Mr. Mayor, with the on site parking requirements that
they're having.
Mayor Ferre: What is the issue?
Mr. Cardenas: The issue is that we want to leave that to
the discretion of the zoning administrator when granting the
permit. There are some sites where probably on site re-
quirements are necessary and some sites where they may not
be.
Mayor Ferre: Mr. Cardenas, I see Mr. Rodriguez shaking his
head, I would recommend that you discuss that at Second
Reading also. So you've got two out of four and we'll talk
about the other two on Second Reading. That give you time
to talk to the administration and see if you can get them to
change their position.
Mr. Cardenas: I doubt that will happen. I think the main
issue that we have of all four, Mr. Mayor, is the annual
permit versus three years. I would be willing to live with
two years as a compromise to....
Mr. Carollo: Mr. Mayor, you know really, what he is asking
for here is minimal, if we're going to approve these changes
I think we should go ahead. I would make the motion, Mr.
Mayor, to approve the full three years that he is asking for
here along with the other requirements that they're asking
for in here. I think they're reasonable.
Mayor Ferre: Let's see if there is consensus. Does anybody
disagree with that?
Mr. Plummer: What was it?
Mayor Ferre: He wants three years.
Mr. Carollo: I'm making a motion, J. L., that we approve
the requirements that he has made, or asked for, rather. I
think they are reasonable.
Mayor Ferre: All right, there is a motion on the floor that
with the amendments including a three year review period
rather than a one year, that it be passed on First Reading.
Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Further discussion? Three out of four, you
didn't do too bad. Read the ordinance.
RT
• •
13
APR 2 6 1984
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING THE TEXT OF ORDI-
NANCE NO. 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY AMENDING
ARTICLE 20 ENTITLED "GENERAL AND SUPPLE-
MENTARY REGULATIONS," BY ADDING A NEW
SUBSECTION 2038 ENTITLED "FLEA MARKETS;"
PROVIDING FOR DEFINITIONS AND OPERATION-
AL REQUIREMENTS AND LIMITATIONS, AND
REQUIRING A CLASS C SPECIAL PERMIT AND 3
YEAR PERIODIC REVIEW; FURTHER, BY AMEND-
ING PAGE 5 OF THE OFFICIAL SCHEDULE OF
DISTRICT REGULATIONS, CG -1 DISTRICT,
PRINCIPAL USES AND STRUCTURES, BY RE-
QUIRING CLASS C SPECIAL PERMITS FOR FLEA
MARKETS SUBJECT TO CONDITIONS, PERMIT-
TING FLEA MARKETS UNDER "LIMITATION ON
USES" AND ESTABLISHING MINIMUM PARKING
REQUIREMENTS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by
Commissioner Plummer and was passed on its first reading by
title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr..
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
66. BRIEF DISCUSSION AND DEFERRAL TO BEXT MEETING A PROPOSED
ZONING TEXT AMENDMENT BY ADDING A NEW SUB - SECTION 2003.9
ENTITLED: TEMPORARY SPECIAL EVENTS, SPECIAL PERMITS,
ETC.
Mayor Ferre: Item 29, carnivals. Mr. Manager, as I under-
stand it, this was recommended by the Planning Department
and the Board approved it 4 - 2. Now you're here as an
opponent, is that correct?
Mr. Plummer: No, he is representing the carnival people,
Mr. Mayor.
Mayor Ferre: Are you a proponent, then?
Mr. Plummer: Well, they are with minor exceptions.
Mayor Ferre: Well, let's see if you can do as well as Mr.
Cardenas did. Speak, right to the issue.
Mr. Plummer: Do all of you have it right in front of you?
The issues in question, Mr. Gary, in the first article,
Section 1, they're asking for the same things on Friday,
Saturdays, Sundays and /or legal holidays.
RT
154
APR 2 6 1984
Mayor Ferre: Any objections to that, provided that it does
not exceed three days consecutive?
Mr. Plummer: That's in the first, 2003.9.1 - wait a minute,
with this other wording -- their problem, Mr. Mayor, is three
days. Okay? I said to them under a normal circumstances of
three days or as approved by the Commission, leaving the
latitude of this Commission to make a decision.
Mr. Carollo: Mr. Mayor, what I'm more concerned with is not
the private carnival operators that are going to be making
the profits, I'm concerned with the churches, synagogues in
the City that are the ones that in my opinion really have
some legitimate concerns. And what I would like to do is to
have the opportunity to meet with some of the representa-
tives from some of the churches, synagogues, get their
opinions and come back with something concrete.
Mayor Ferre: There is a motion by Commissioner Carollo that
this item be deferred to the next Zoning Meeting - contin-
ued, so that he will have the opportunity to meet with some
of the affected parties. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Is there further discussion? All right, call
the roll on the continuance.
The preceding motion to continue was introduced by
Commissioner Carollo, seconded by Commissioner Perez and
passed and adopted unanimously.
67. BRIEF DISCUSSION AND RETURN TO PLANNING ADVI.S0RY BOARD
FOR REVIEW tA. PROPOSED ORDII?ANCI, TEXT CHANGE TO 9500
ENTITLED: SEC. 2.026 ENTITLED: SIGHS, SPECIFIC LIMITA-
TIONS AND REQUIREMENTS.
Mayor Ferre: Take up 30. This is on First Reading. All
right, sir.
Mr. Stuart Simon: I'm not going to talk more than a
minute and I think I can make a suggestion that will be very
appealing to you and the Commissioners. I'm going to recom-
mend that you send this back to the Planning Advisory Board
for further consideration.
Mayor Ferre: Based on what, Mr. Simon?
Mr. Simon: There was a 3 - 3 vote, and I think we should
get a recommendation if we possibly can from the Planning
Advisory Board. The issue before you is a very simple one.
We had recommended that there be a height limitation on
signs of 30 feet above the grade of the road. The Planning
Department's recommendation was that it be 30 feet above the
ground. There is very little difference between these two
proposals.
Mayor Ferre: Wait a minute, I don't understand this. One
is 30 feet above ground, the other one is 30 feet from the
crown of the road?
Mr. Simon: Yes, no, above the grade of the road. One is 30
feet above the grade of the road and the other is....
Mayor Ferre: Does that include expressways when expressways
are 40 feet up in the air? Okay, now I see what the differ-
ence is. Did you say there was very little difference?
RT
i5
APR 2C1984
Mr. Simon: Well, let me say this, in most cases there are
very little differences. Of course, there are some cases
where there is a very extensive difference.
Mayor Ferre: I'll tell you what I'd be willing to vote on,
I'd be willing to vote on it from the crown of the road for
all ground level roads and all those that are elevated roads
would go back to the Planning Board.
Mr. Simon: Well, we think one of the things that you should
consider is this: The old ordinance that you had had the
criterion that we favor, 30 feet above the grade of the road
and that was the rule in the City of Miami for many years.
You are suddenly going to make....
Mayor Ferre: You're recommending that we send it back to
the Planning...
Mr. Simon: Yes.
Mr. Carollo: Mr. Mayor, what he is asking is reasonable.
Mayor Ferre: I agree. There is a motion by Commissioner
Carollo that this item be referred to the Planning ... Yes,
staff will have an opportunity. Do you want to have the
opportunity now or before the Planning Commission?
INAUDIBLE RESPONSE
RT
Mayor Ferre: Go right ahead, sir.
Mr. Richard Whipple: Mr. Mayor, the reason for bringing
this to the Commission and pursuing it is that the new
Zoning Ordinance is silent or very unclear as to the height
limit of signs. We believe it is important that a limit be
established as there is no clear one established in the
ordinance today. We, in fact, are utilizing a recommended
height that was recommended to this Commission approximately
a year ago in conjunction with some litigation and this is
the same height, as Mr. Simon has pointed out, as was in the
old Zoning Ordinance as to 30 feet. Specifically, the
wording of the old Zoning Ordinance which we've never had
any problem with for 19 years, and Mr. Simon point out,
simply reads: in commercial and industrial districts the
shall not exceed a height of 30 feet above the grade
of the street at which the sign is oriented. This grade
refers to ground level or surface grade. This has never
been questioned before and we don't see any problem with it
today.
Mayor Ferre: Further discussion? All right, thank you,
sir. Call the roll.
The preceding motion to continue was introduced by
Commissioner Carollo, seconded by Commissioner Dawkins and
passed and adopted unanimously.
Mayor Ferre: Did you want to say something?
Mr. Simon: Yes, I wanted to say this: When you send it
back, we have made two other suggestions in the letter that
I sent to you that the Planning Advisory Board make recom-
mendations on. One is the ridiculous requirement that signs
face away from the road., ,
Mayor Ferre: Well, what is a sign for if it is going to be
facing away from the road?
156
APR 2 6 1984
Mr. Simon: I can't imagine what value the sign would have,
it is a requirement.
Mayor Ferre: Does the maker of the motion have any objec-
tions to incorporate that? All right, what is your second
thing?
Mr. Simon: And the second thing that we would like is that
we would like to recommend to the City Commission 1000 feet
spacing requirement between signs. Otherwise you're going
to get a tremendous proliferation of signs in the City of
Miami and it is going to affect the aesthetics of the City.
Mayor Ferre: Do you have any objections to that, Mr.
Whipple?
Mr. Carollo: Do you think 1000 is enough, Whipple, or do
you think we should have more?
Mr. Whipple: I'm not prepared to comment as to the reason-
ableness of the proposed regulation, my concern is that
there is some direction with respect to legislation before
the Planning Advisory Board of which (1) we're not familiar
with or haven't proposed or have any legislation being
expounded nor does the Planning Advisory Board so I'm not
too sure what the Commission's direction is on this.
Mayor Ferre: Let me tell you what the Commission's direc-
tion is. It was a 3 - 3 vote and the Commission is, there-
fore, sending it back so that they further deliberate on the
issue, (1) of height, (2) of the directions of signs and (3)
the spacing of signs. And We're not sending it back, Mr.
Simon, with all due respects to you, with any recommenda-
tions because then why are we sending it to them? We are
sending it to for them to deliberate on those issues before
it comes to us.
Mr. Whipple: yes, but there is only one issue before this
Commission, that is the height of signs and the new issues
would have to go through a new process.
Mayor Ferre: Well, then that is something that we'll have
to deal with but I think the instructions from this Commis-
sion is that if possible - and that means if it is legal -
that you also consider the direction of the signs and the
spacing of the signs.
Mr. Dawkins: Is it a fact that we do have some law or
ordinance that says the sign has to be 90, 60 or 80 degrees
turned from the road?
Mr. Whipple: Yes, sir.
Mr. Dawkins: Well, if I am putting up a sign and it is at
an angle, I'm going to run off the road trying to see it.
Mr. Whipple: No, sir, you would have to have a full expla-
nation as to the reason for that angular relationship. It
specifically has to do with billboards along expressways, so
you end up with a basic decision (1) do you want to have
billboards along the expressways or not. If you do not, you
still need to allow billboards that might be adjacent to
expressways on adjacent streets but that are not oriented or
cannot be viewed from the expressway and that is one of the
reasons for the angles involved and the way the ordinance
has been written which has been in effect likewise for 19
years without any difficulty.
Mr. Dawkins: But Mr. Whipple, why would I, a sign person,
rent space to put a sign near a highway if people from the
highway can't see it.
RT
157
APR 2 6 1984
Mr. Whipple: No, sir, you're misunderstanding the question.
They don't rent signs that cannot be viewed by the passing
motorists so they don't build them that way.
Mayor Ferre: Commissioner Dawkins, there is a motion, there
is a second, it is clear, we've voted on it haven't we?
Mr. Ongie: yes, sir.
Mayor Ferre: And it has been amended to include those three
items and we're not voting on it today and I want to tell
you I'm not saying how I'm going to vote, I reserve that for
when it comes back.
Mr. Simon: And we will not present something cold to the
Planning Advisory Board.
Mayor Ferre: Thank you, sir.
NOTE FOR THE RECORD: AGENDA ITEM 31 WAS CONTINUED TO THE
MAY 10, 1984 MEETING.
68. FORt4ALIZIIG RESOLUTION: AUTHORIZE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH ATHALIE RANGE FOR PROFESSIONAL
LEGISLATIVE CONSULTANT SERVICES CONCERNIIG LEGISLATION
WHICH IMPACTS ON THE CITY OF MIAMI.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
Upon being seconded by Commissioner Perez, the resolu-
tion was passed and adopted by the following vote-
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
RT
RESOLUTION NO. 84-493
A RESOLUTION AUTHORIZING THE CITY MANAG-
ER TO EXECUTE AN AGREEMENT, IN SUBSTAN-
TIALLY THE ATTACHED FORM, WITH ATHALIE
M. RANGE FOR PROFESSIONAL LEGISLATIVE
CONSULTANT SERVICES CONCERNING LEGISLA-
TION WHICH IMPACTS ON THE CITY OF MIAMI
AND ITS CITIZENS; ALLOCATING THEREFOR AN
AMOUNT NOT TO EXCEED $15,000 FOR SUCH
SERVICES AND AN AMOUNT NOT TO EXCEED
$6,000 FOR REIMBURSABLE EXPENSES FROM
SPECIAL PROGRAMS AND ACCOUNTS CONTINGENT
FUND.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
158 APR 2 6 1984
AN ORDINANCE -
NOES: None.
ABSENT: None.
RT
69. EMERGENCY ORDINANCE: ESTABLISH NEW REVENUE FUND ENTI-
TLED: "SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM -
1984 /J.P.T.A. 11-B".
Mayor Ferre: Item 38, read the ordinance.
AN EMERGENCY ORDINANCE ESTABLISHING A
NEW SPECIAL REVENUE FUND ENTITLED:
"SUMMER YOUTH EMPLOYMENT AND TRAINING
PROGRAM 1984 /JPTA II -B ", APPROPRIATING
FUNDS FOR ITS OPERATION IN THE AMOUNT OF
$646,800 FROM THE UNITED STATES DEPART-
MENT OF LABOR, AND AUTHORIZING THE CITY
MANAGER TO ACCEPT THE GRANT AWARD FROM
THE UNITED STATES DEPARTMENT OF LABOR
AND TO NEGOTIATE THE NECESSARY CON-
TRACT(S) AND /OR AGREEMENT(S) TO CARRY
OUT THE GRANT PROJECT, 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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9828.
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.
159 APR 2 6 1984
RT
70. RATIFY AND CONFIRM ACTION OF THE CITY MANAGER WAIVING
COMPETITIVE BID REQUIREMENTS - EMERGENCY PURCHASE OF
SERVICE FROM BELAFONTE- TACOLCY CENTER IN CONNECTION WITH
J . P . T .:. TITLE II--B "SUMMER YOUTH EMPLOYMENT AND TRAIN-
ING PROGRAM."
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
Upon being seconded by Commissioner Perez, the resolu-
tion was passed and adopted by the following vote-
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
RESOLUTION NO. 84 -494
A RESOLUTION RATIFYING, CONFIRMING, AND
APPROVING, BY A 4 /5THS AFFIRMATIVE VOTE
OF THE CITY COMMISSION, THE ACTIONS OF
THE CITY MANAGER IN WAIVING COMPETITIVE
BID REQUIREMENTS AND IN AUTHORIZING THE
EMERGENCY PURCHASE OF SERVICES FROM
BELAFONTE TACOLCY CENTER (BTC) TO PRO-
VIDE FOR THE ADMINISTRATION AND OPERA-
TION OF THE JTPA TITLE II -B SUMMER YOUTH
EMPLOYMENT AND TRAINING PROGRAM (SYETP)
BY THE SAID ORGANIZATION WITH FUNDS
THEREFOR IN AN AMOUNT NOT TO EXCEED
$498,300.00 ALLOCATED FROM JTPA TITLE
II -B SYETP FUND.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
*160
APR 2 6 1984
71. EMERGENCY ORDINANCE: AMEND ORD. 9534 CAPITAL IMPROVE-
MENTS APPROPRIATION ORDINANCE •- INCREASE APPROPRIATIONS
TO MOORE PARK REDEVELOPMENT IN THE AMOUNT OF $490,000.
AN ORDINANCE ENTITLED-
NOES:
ABSENT: None.
RT
AN EMERGENCY ORDINANCE AMENDING ORDI-
NANCE NO. 9534, ADOPTED DECEMBER 9,
1982, THE EXISTING CAPITAL IMPROVEMENT
APPROPRIATIONS ORDINANCE, AS AMENDED, BY
INCREASING APPROPRIATIONS FOR MOORE PARK
REDEVELOPMENT IN THE AMOUNT OF 5490.000.
FROM A CONTRIBUTION FROM THE DEBT SERV-
ICE FUND IN THE CAPITAL IMPROVEMENT
FUND; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by
Commissioner Plummer, for adoption as an emergency measure
and dispensing with the requirement of reading same on two
separate days, which was agreed to by the following vote-
AYES: Commissioner Joe Carollo
Commissioner hiller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice - Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
None.
Whereupon the Commission on motion of Commissioner
Dawkins and seconded by Commissioner Plummer, adopted said
ordinance by the following vote-
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE N0. 9829.
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.
163, APR 2 6 1984
72. ACCEPT BIT): 128 LIGHT AUTOMOTIVE. VEHICLES FOR DEPARTMENT
OF BUILDING AND VEHICLE MAINTENANCE.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
NOES: None.
ABSENT: None.
RT
RESOLUTION NO. 84 -495
A RESOLUTION ACCEPTING THE BIDS OF FOUR
SUPPLIERS AT A PROPOSED COST OF
$893,018.00; REJECTING INDIVIDUAL BIDS
FOR ONE ITEM RECEIVED FROM SIX (6)
SUPPLIERS AND AUTHORIZING THE PURCHASE
FROM POTAMKIN CHEVROLET, INC. UNDER A
METROPOLITAN DADE COUNTY CONTRACT AT A
PROPOSED COST OF $179,488.00, AS INDI-
CATED BELOW AND IDENTIFIED ON THE AT-
TACHED TABULATION OF BIDS, FOR FURNISH-
ING APPROXIMATELY 128 LIGHT AUTOMOTIVE
VEHICLES ON A CONTRACT BASIS TO THE
DEPARTMENT OF BUILDING AND VEHICLE
MAINTENANCE FOR USE BY SEVERAL CITY
DEPARTMENTS AT A PROPOSED GRAND TOTAL
AMOUNT OF $1,072, ALLOCATING
FUNDS THEREFOR FROM THE 1983 -844 OPERAT-
ING BUDGETS OF THE DEPARTMENTS AS FOL-
LOWS: BUILDING AND VEHICLE MAINTENANCE -
$979,7 POLICE - $'29,050.00, FIRE,
RESCUE AND INSPECTION SERVICES -
$34,732.00, FINANCE - 01,577.00 AND THE
OFFICE OF INTERGOVERNMENTAL AFFAIRS -
$17,366.00; AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE PURCHASING AGENT TO
ISSUE PURCHASE ORDERS FOR THIS EQUIP-
MENT.
(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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
• .
162
APR 2 6 1984
73. EMERGENCY ORDINANCE: ESTABLISH HEW TRUST & AGENCY FUND
ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN -
1984".
AN ORDINANCE ENTITLED
Was introduced by Commissioner Plummer and seconded by
Commissioner Dawkins, for adoption as an emergency measure
and dispensing with the requirement of reading same on two
separate days, which was agreed to by the following vote-
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner
Plummer and seconded by Commissioner Dawkins, adopted said
ordinance by the following vote-
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9830
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.
RT
163
AN EMERGENCY ORDINANCE ESTABLISHING A
NEW SPECIAL REVENUE FUND ENTITLED:
"SUMMER FOOD SERVICE PROGRAM FOR CHIL-
DREN - 1984 ", AND APPROPRIATING FUNDS
FOR THE OPERATION OF SAME IN THE AMOUNT
OF $264,041 CONSISTING OF A GRANT FROM
THE UNITED STATES DEPARTMENT OF AGRICUL-
TURE AND AUTHORIZING THE CITY MANAGER TO
ACCEPT THE GRANT AWARD FROM THE UNITED
STATES DEPARTMENT OF INTERIOR AND TO
ENTER INTO THE NECESSARY CONTRACT(S)
AND /OR AGREEMENT(S) FOR THE ACCEPTANCE
OF THE GRANT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
APR 26 1984
74. DECLARING MOST ADVANTAGEOUS METHOD TO DEVELOP
OVERTOWN /PARK WEST PRASE - I I3 BY UNIFIED DEVELOPMENT
PROJECT, INSTRUCTING CITY MANAGER TO DEVELOP R.F.P.'S,
ETC.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
NOES: None.
RT
RESOLUTION NO. 84 -496
A RESOLUTION DECLARING THAT THE MOST
ADVANTAGEOUS METHOD TO DEVELOP
OVERTOWN /PARK WEST PHASE I IS BY A
UNIFIED DEVELOPMENT PROJECT (UDP),
AUTHORIZING THE CITY MANAGER TO DEVELOP
A REQUEST FOR PROPOSALS (RFP) FOR A UDP,
AND SETTING A PUBLIC HEARING FOR MAY 10,
1984 AT 3:30 P.M., TO TAKE TESTIMONY
REGARDING A RFP FOR A UDP FOR RESIDEN-
TIAL AND COMMERCIAL FACILITIES TO BE
LOCATED ON NINE CITY BLOCKS, IRREGULARLY
BOUNDED BY NORTHWEST 6TH STREET, NORTH-
WEST 7TH STREET, NORTHWEST 10TH STREET,
NORTH MIAMI AVENUE, NORTHWEST 2ND AVE-
NUE, AND NORTHWEST 3RD AVENUE (MIAMI A.
L. KNOWLTON BLOCKS 24, 25, 37, 44, 45,
46, 55, 56 AND THE PORTIONS OF P. W.
WHITES RE-SUB OF BLOCK }6); AUTHORIZING
THE ISSUANCE OF AN RFP, SELECTING A
CERTIFIED PUBLIC ACCOUNTING FIRM AND
APPOINTING MEMBERS OF A REVIEW COMMITTEE
TO EVALUATE PROPOSALS AND REPORT FIND-
INGS TO THE CITY MANAGER AS REQUIRED BY
THE CITY CHARTER AND CODE.
(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
ABSENT: Vice -Mayor Demetrio Perez, Jr.
Commissioner Joe Carollo
169
APR 2 6 1984
RT
75. ACCEPT BID: AAIEM CONSTRUCTION CORPORATION -- PROPOSAL OF
MOORE PARK REDEVELOPMENT.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
NOES: None.
RESOLUTION NO. 84_497
A RESOLUTION ACCEPTING THE BID OF AAIEM
CONSTRUCTION CORP. IN THE PROPOSED
AMOUNT OF $870,700, BASE BID PLUS ADDI-
TIVE ITEMS 5 AND 7 OF THE PROPOSAL, FOR
MOORE PARK - REDEVELOPMENT; WITH MONIES
THEREFOR ALLOCATED FROM THE "MOORE PARK
DEVELOPMENT" ACCOUNT IN THE AMOUNT OF
$870,700 TO COVER THE CONTRACT COST;
ALLOCATING FROM SAID FUND THE AMOUNT OF
$60,948 TO COVER THE COST OF PROJECT
EXPENSE; ALLOCATING FROM SAID FUND THE
AMOUNT OF $17,415 TO COVER THE COST OF
SUCH ITEMS AS ADVERTISING, TESTING
LABORATORIES, AND POSTAGE; ALLOCATING
FROM SAID FUND THE AMOUNT OF $13,060 TO
COVER THE COST OF ARTWORK; AND AUTHORIZ-
ING THE CITY MANAGER TO EXECUTE A CON-
TRACT WITH SAID FIRM.
(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
ABSENT: Vice -Mayor Demetrio Perez, Jr.
Commissioner Joe Carollo
. 16
APR 261984
76. AUTHORIZE TANAGER TO AMEND REQUEST FOR PROPOSALS FOR
DEVELOPMENT OF CULTURAL, RECREATION AND ENTERTAINMENT
FACILITIES ON CITY -OWNED WATSON ISLAND TO EXTEND DEAD-
LINE FOR SUBMISSION OF PROPOSALS.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84 - 498
A RESOLUTION AUTHORIZING THE CITY MANAG-
ER TO AMEND THE REQUEST FOR PROPOSALS
FOR THE DEVELOPMENT OF CULTURAL, RECREA-
TION AND ENTERTAINMENT FACILITIES ON
CITY -OWNED WATSON ISLAND TO EXTEND THE
DEADLINE FOR THE SUBMISSION OF PROPOSALS
FROM MAY 7, 1984 TO NOVEMBER 12, 1984;
FURTHER DIRECTING THE CITY MANAGER TO
DISTRIBUTE THE AMENDMENT CONTAINING THE
NEW DATE FOR SUBMISSION OF PROPOSALS IN
THE SAME MANNER IN WHICH THE REQUEST FOR
PROPOSALS WAS DISTRIBUTED.
(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
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
Commissioner Joe Carollo
RT
N
166
APR 2 61964
VIM
77. CLAIM SETTLEMENT: LOREAN BROWNING, PERSONAL REPRESENTA-
TIVE OF THE ESTATE OF JOHNNY C. BROWNING, JR_, DECEASED.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
NOES: None.
RT
RESOLUTION NO. 84 -499
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO LOREAN BROWNING, AS
PERSONAL REPRESENTATIVE OF THE ESTATE OF
JOHNNY C. BROWNING, JR., DECEASED, ON
BEHALF OF SAID ESTATE AND ON BEHALF OF
ALL LAWFUL BENEFICIARIES AND SURVIVORS
OF JOHNNY C. BROWNING, JR., DECEASED,
THE SUM OF THIRTY THOUSAND DOLLARS
($30,000.00), WITHOUT THE ADMISSION OF
LIABILITY, IN FULL AND COMPLETE SETTLE-
MENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, MICHAEL
LIOTTI, AND KENNETH I. HARMS, UPON
EXECUTION OF A RELEASE RELEASING THE
CITY OF MIAMI, MICHAEL LIOTTI, AND
KENNETH I. HARES FROM ALL CLAIMS AND
DEMANDS.
(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: Vice -Mayor Demetrio Perez, Jr.
Commissioner Joe Carollo
NOTE FOR THE RECORD: AGENDA ITEMS 40, 41, 42, AND 43 WERE
CONTINUED TO THE NEXT PLANNING & ZONING MEETING.
78. AUTHORIZE CITY MANAGER TO NEGOTIATE CONTRACT WITH URBAN
LEAGUE OF GREATER MIAMI, GIBSON INSTITUTE FOR SOCIAL
CHANGE, IN AN AMOUNT NOT TO EXCEED $50,000 TO PRODUCE
REPORT DOCUMENTING EXTENT OF MINORITY PROCUREMENT PRO-
GRAM IN 10 -YEAR PERIOD PRIOR TO 1981.
Mayor Ferre: There,.is a motion on Item 55, it has been
seconded. Mr. Manager, just for the record, so that we
don't have any problems, this was a selection committee?
Mr. Gary: Yes, sir.
167
APR 2 6 1984
Mayor Ferre: The selection committee recommended the Urban
League?
Mr. Gary: Yes, sir.
Mayor Ferre: How many members on the selection committee?
Mr. Gary: Three.
Mayor Ferre: Who were the members?
Mr. Gary: Gary Houck in Finance, Adrienne MacBeth, Manny
Alvarez.
Mr. Plummer: And T. Willard Fair.
Mayor Ferre: All right, now, on the.... Wait a minute, I
want to get this on the record. There was a selection
committee, the selection committee recommended the Urban
League?
Mr. Gary: Yes, sir.
Mayor Ferre: All right, this is something that needs to be
done, we need documentation. Is that correct?
Mr. Gary: According to the Law Department and the courts,
yes, sir.
Mayor Ferre: We do not have the capacity in house in the
City of Miami to do that?
Mr. Gary: No, sir.
Mayor Ferre: And it has to be done and, as I understand,
the Urban League is going to retain some people from the
University of Miami and others who are expert in that field.
Is that correct?
Mr. Gary: Correct.
Mayor Ferre: And there is a time certain for the report?
In other words we're paying them $50,000 but they will
finish the report...
Mr. Gary: There will be conditions, they have to produce
the product.
Mayor Ferre: And they will be monitored so that there will
be a process along so that we will have continuous updating
on progress rather than waiting to the end of the $50,000 so
that we know that they're moving along and doing the job
and the computers are functioning and all that kind of
stuff.
Mr. Gary: Yes.
Mayor Ferre: Any other questions?
Mr. Garcia - Pedrosa: Yes, not only that, Mr. Mayor, but this
an area where the City does not have set - asides now and this
would provide the legislative basis for it should the Com-
mission decide to do so in the future.
Mayor Ferre: All right, let's hake sure we understand, this
is a very crucial point and with all due respects to the
member of the press who asked me the other day, I had the
mild impression that there was confusion between the City's
Affirmative Action goal type of an operation and the Coun-
ty's set -aside which did pass recently in court and this is
RT
168
APR 261984
a vehicle for the City of Miami to document scientifically
so that we can proceed with the legal argument should we
need to, for a set -aside so that we can prove that there
have been clear cut patterns of discrimination and that
there is an affected class. We understand that, right?
Mr. Dawkins: Mr. Mayor, I think we should also put into the
record that the data that was used by the County came from
out Department from Mr. Tony Crapps which Mr. Fair and those
will be expanding on. I think that should go on the record
too.
Mayor Ferre: All right. Mr. Manager, lastly, it is your
opinion that the price of $50,000 is a reasonable price for
this work?
Mr. Gary: yes, sir.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 84 -500
A RESOLUTION AUTHORIZING THE CITY MANAG-
ER TO NEGOTIATE A CONTRACT WITH, THE
URBAN LEAGUE OF GREATER MIAMI, INC.,
GIBSON INSTITUTE FOR SOCIAL CHANGE, IN
AN AMOUNT NOT TO EXCEED $50,000, TO
PREPARE A REPORT DOCUMENTING THE EXTENT
OF MINORITY (HISPANIC AND BLACK) VENDOR
PROCUREMENT WITH THE CITY OF MIAMI FOR
THE TEN YEAR PERIOD PRECEEDING THE
PASSAGE OF THE CITY'S FIRST MINORITY
PROCUREMENT ORDINANCE, ADOPTED IN OCTO-
BER, 1981; FURTHER DIRECTING THE CITY
MANAGER TO RECOMMEND TO THE CITY COMMIS-
SION NEW GOALS TO BE IMPLEMENTED AND THE
POLICY TO BE FOLLOWED BY THE CITY BASED
UPON THE AFORESAID RESULTS.
(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:
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
Commissioner Joe Carollo
RT
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
169
APR 2 6 1984
RT
79. DECLARE INTENT OF THE CITY COMMISSION THAT EACH MEMBER
OF THE CITY COMMISSION BE AFFORDED A MINIMUM OF 900
SQUARE FEET OF OFFICE SPACE AT CITY HALL; DIRECTING CITY
MANAGER TO COME BACK BY THE MEETING OF MAY 10TH WITH
RECOMMENDATION.
Mr. Plummer: The agenda calls for a proposal to be present-
ed to the Commission. Where is it? Where the hell is he
going?
Mayor Ferre: It is past 9 O'Clock, isn't it? Didn't you
say you were going to quit at 9:00? So why should you be
upset at somebody having to leave?
Mayor Ferre: Now what is your motion?
Mr. Plummer: Item 35. Where is Item 35?
Mr. Odio: Item 35 is the following, Commissioner. We have
been studying your office space for the last month, as you
know. We would like to recommend, the first option is to
move the three Commissioners out of the building.
Mayor Ferre: . I so move. Joe Robbie seconds and Harold
Glasser thirds.
Mr. Odio: I'm sorry, I meant the four Comissioners, and
lay out the whole area again to actually lay out the whole
area. The other option, Mr. Mayor, would be to take the
lobby area that now exists outside of the Commissioners'
Office between the telephones where we come into the lob-
by...
Mayor Ferre: I'm for that.
Mr. Odio: Take that office, convert that to increase Com-
missioner Dawkins' Office, bill a corridor 8 foot long to go
to Commissioner Perez's Office and then a small lobby...
Mr. Plummer: Totally unacceptable.
Mr. Odio: That would give you the following: Commissioner
Perez would have 720 square feet, Commissioner Plummer would
end up with 500 square feet.
Mr. Plummer: Are you crazy?
Mr. Odio: Commissioner Dawkins would end up with about 500
and some.
Mayor Ferre: This is called the Grand Land Grab at City
Hall. Hey, let's get to it. Get on with it. Make your
motion. Remember, it is not who but what that counts.
Mr. Plummer: I'll make a motion that each Commissioner be
afforded a minimum of 800 square feet in City Hall for an
office and we give the Manager until May 10th to come back
with a plan. I make it 900 square feet.
APR 26 1984
Ralph O. Ongie
CITY CLERK
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 84-501
A MOTION DECLARING THE INTENT OF THE
CITY COMMISSION THAT EACH MEMBER OF THE
COMMISSION BE AFFORDED A MINIMUM OF 900
SQUARE FEET OF OFFICE SPACE AT CITY
HALL; FURTHER DIRECTING THE CITY MANAGER
TO COME BACK BEFORE THE CITY COMMISSION
BY MAY 10TH WITH A PLAN FOR RATIFICATION
BY THE COMMISSION.
Upon being seconded by Commissioner Dawkins, the
motion was passed and adopted by the following vote-
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
Commissioner Joe Carollo
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 9:20 P.M.
ATTEST:
Natty Hirai
ASSISTANT CITY CLERK
•
171
Maurice A. Ferre
MAY O R
APR 2 6 1984
Cri
ACCEPTING THE BID OF FRANK J. MORAN,INC. BASE BID PLUS
ADDITIVE ITEMS "A" AND "B" OF THE PROPOSAL,FOR ORANGE BOWL
FIELD LIGHTING IMPROVNMENTS- 1984;AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM SUBJECT TO THE
AVAILABILITY OF FUNDS.
CLOSING,VACATING,ABANDONING AND DISCONTINUING THE PUBLIC
USE OF THAT PORTION OF N.W. 10th AVE. BE'1WEEN THE SOUTH
RIGHT-OF-WAY LINE OF N.W. 17th ST. TO A POINT OF + 675 '
SOUTH OF SAID :RIGHT OF WAY LINE, BEING THE NORTH RIGHT-OF-
WAY LINE OF N.W. 15th ST, SUBJECT TO THE DEPARTMENT OF
PUBLIC WORKS' REPORT THAT THE CONSTRUCTION OF THE 9th AVE.
BY -PASS ROAD BE COMPTETED;ALL AS A CONDITION OF APPROVAL OF
TENTATIVE PLAT #1204 "HIGHLAND PARK SECTION TWO."
AFFIRIMING THE DECISION OF THE ZONING BOARD GRANTING A
VARIANCE FROM ZONING ORD. 9500, AS AMENDED, SCHEDULE OF
DISTRICT REGULATIONS, PAGF. 5 OF 6, GENERAL COMERCIAL TO
PERMIT CONSTRUCTION OF A FIVE STORY BUILDING(BUENA VI.rA
OFFICE PLAZA) AT 215 N.R. 36th ST. AND 3601 N.FEDERAL HWY.,
ALSO DESCRIBED AS TRACT A, SLK SUBIVISION (122 -95) , AS PER
PLANS ON FILE.
ACCEPTING THE PLAT ENTITLED MOISES SUBDIVISION, A SUBDIVISI
IN THE CITY OF M AMI;ACCEPTING THE DEDICATION SHUN ON SAID
PIAT;AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE
CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FORME RECO
ATION OF SAID PLAT TN THE PUBLIC RECORDS OF DADS COUNTY,FL.
ESTABLISHING 3:30 PM, THURSDAY, MAY 10, 1984, OR AT A RE-
CONVENED MEETING, FOR A PUBLIC HEARING FOR CONSIDERATION OF
A TWO YEAR TIME EXTENTION AND OTHER AMENDMENTS TO THE MIAMI
CENTER II DUPONT PLAZA PROJECT DEVELOPMENT ORDER(Res 81 - 840
SEPTEMBER 24, 1981; AND 82 71,JANUARY 28, 1982), AND CONSI-
DERATION OF WETHER SUCH AMENDMENTS CONSTITUTE SUBSTANTIAL
DEVIATIONS.
AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT, WITH
RICHARD ROSICHAN TO SERVE AS THE DIRECTOR OF THE COMMI'ITEE
FOR "RESPONSIBLE BONDS FOR PEOPLE AND PARKS ".
ACCEPTING IN PRINCIPLE ONLY THE CONCEPT OF THE AMBASSADOR
SQUARE MARINA, AS PROPOSED BY AMBASSADOE SQUARE,INC.,PRO-
POSED TO BE LOCATED ON THE WESTERN SHORE OF BISCAYNE BAY,
AND ON BISCAYNE BAY IMMEDIATELY SOUTH OF THE SE 8TH STREET
BRIDGE.
APPROVING IN PRINCIPLE THE APPLICATION OF THE FOLJOE ING
DEVELOPED. FOR SUBMISSION BY THE CITY OF MIAMI TO THE U . S .
DEPARI1ENT OF URBAN DEVELOPMENT FOR AN URBAN DEVELOPMENT
ACTION GRFNT:OVER'IOWN ECONOMIC DEVELOPMENT CORPORATIO , INC.
FOR CONSTRUCTION OF ¶I1ENI'Y UNITS OF SAT FS HOUSING IN THE
(1 TER` OWN CCMMUNTITY DEVELOPMENT` AREA .
MEET IN G PAT:
APPTL 26, 1984 .
COMMISSION RETRIEVAL
ACTION AND CODE NO.
R - 84 - 471
R -84 -478
R -84 -479
R -84 -480
R -84 -481
R -84 -493
R -84 -484
R -84 -486
t
UMENTI
AUTHORIZING THE UTILIZATION OF A CITY PASSENGER VAN BY THE
WYNWOOD ELDERLY CENTER, INC.; AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH SAID AGENCY IN PFXARDS TO SAID
UTILIZATION.
ALLOCATING FUNDS TO TWO (2) PREVIOUSLY APPROVED SOCIAL SER-
VICES AGENCIES, TO PROVIDE THE 205 LOCAL MATCH TO PURCHASE
VEHICLES THROUGH THE FLORIDA_ DEPT. OF TRANSPOt1'ATION SE'I'ION
16 (b) (2) PROGRAM, AUTHORIZING THE CITY MANAGER TO ENTER
AGREEMENTS W^WITH THE AFOR} 1ENTIONED AGENCIES.
AFFIR4ING THE DECISION OF THE ZONING BOARD GRANTING A VA_RTA-
NCE FROM ORD. #9500, ARTICLE XX,SEC. 2003.4, SEC. 2016.3 &
SCHEDULE OF DISTRICT REGULATIONS,Pg. 4 OF 6, TRANSITIONAL
USES, STRUCTURES AND REQUIREMENTS CR(COMMERCIAL- RESIDENTIAL
(GENERALLY) 1.a. OF ORD. 9500, AS AMAENDED, TO PERMIT THE
ER2ECTION OF TWO (2) DISH ANTENNAS AND ONE (1) BROADCASTING
ANTENNA AT 2501 N.W. 7TH ST., APPROXIMATELY 740 -742 N.W. 25T1
AVE. AND 741 -743 N.W. 26TH AVE., AS PER PUNS ON FILE,
A PROPOSED 10' YARD FOR ALL ANTENNAS (45.65' REQUIRED) AND A
PROPOSED 86' PENETRATION OF LIGHT PLANE ALLOWED), ZONED RG-
1/3 GENERAL RESIDENTIAL (ONE G TWO FAMILY) .
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, WITH
M. ATHALIE RANGE FO?; PROFESSIONAL LEGISLATIVE CONSULTANT
SERVICES CONCERNING LEGISLATION 1^1HICH IMPACTS ON THE CITY OF
MIAMI AND ITS CITI.ENS.(NOTE) See R -84 -509 passed May 1, 198
RATIFYING, CONFIRM,CNG, AND APPROVING, THE ACTIONS OF THE CI
MANAGER IN WAIVING COMPETITIVE BID REQUIREMENTS AND IN
AUTHORIZING THE EMURGENCY PURCHASE OF SERVICES FROM BELAFOI'
TACOLCY CENTER (B TO PROVIDE FOR TIME AIY'IINISTRATION AND
OPERATION OF TIE J'i PA TITLE II -B SUMMER YOUTH EMPLOYMENT
TRAINING PROGRAM (SYE'1'P) BY THE SAID ORGANIZATION,
ACCEPTING TIME BID OF FOUR (4) SUPPLIERS? REJECTING INDIVIDU
BIDS FOR ONE (1) I'Tr:4 RECIEVED FROM SIX (6) SUPPLIERS AND
AUTHORIZING THE PURCHASE FROM POTAMKIN CHIEVROLET,INC. UNDER
METROPOLITIAN DADE COUNTY CONTRACT FOR FURNISHING APPROXIMA'T'E
LY 128 LIGHT AUTCMOTIVE VEHICLES ON A CONTRACT BASIS TO THE
DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE FOR USE BY
SEVERAL CITY DEPARTMENTS; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE PURCHASING AGENT TO ISSUE PURCHASE ORDERS FOR
THIS EQUIPMENT.
DECLARING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP OVER -
TOWN /PARK WEST PHASE I IS BY A UNIFIED DEVELOPMENT PROJECT
(UDP), AUTHORIZING THE CITY MANAGER TO DEVELOP A REQUEST FOR
PROPOSALS (RFP) FOR A UDP, AND SETTING A PUBLIC HEARING FOR
MAY 10, 1984 AT 3:30 PM, TO TAKE TESTIMONY REGARDING A RFP
FOR RESIDENTIAL AND CCMMERCIAL FACILITIES TO BE LOCATED ON
NW 6TH ST . IN1I 7TH ST., NW 10TH ST. , N . MIAMI AVE., NW 2ND AVE,
AND NW 3RD AVE. (MIAMI A.L. KNOWL'I'ON BLOCKS 24, 25, 37, 44,
45, 46, 55, 56 AND THE PORTIONS OF P.N. NJ1I'1ES RE -SUB OP
BLOCK 36) ; AUTHORIZING THE ISSUANCE OF AN RFP, SETTING A
CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINTING MEMBERS OF A
REVIEW Cob/MITTEE TO EVALUA'T'E PROPOSALS AND REPORT FINDINGS TO
THE CITY MANAGER AS REQUIRED BY THE CITY CHARTER AND CODE,
R -84 -487
R -84 -488
R -84 -490
R- 84-493
R- 84-494
R -84 -495
R -84 -496
Page 2.
ACCEPTING THE BID OF AAIU'4 CONSTRUCTION CORP., BASE BID PLUS
ADDITIVE ITEMS 5 AND 7 OF THE PROPOSAL, FOR MOORE PARK—RE—
DEVELOPMENT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH SAID FIRM.
AUTHORIZING THE CITY MANAGER TO AMEND THE REQUEST FOR PRO—
POSALS FOR THE DEVELOPMENT OF CULTURAL,RECREATION AND ENTER—
TAINMENT FACILITIES ON CITY —OWNED WATSON ISLAND TO EXTENT
THE DEADLINE FOR THE SUBMISSION OF PROPOSALS FROM MAY 7,
1984 TO NOVEMBER 12, 1984; FURTHER DIRECT'ING THE CITY MANAGE:
TO DISTRIBUTE THE AMENDMENT CONTAINING THE NEW DA'T'E FOR SUB —
MISSION OF PROPOSALS IN THE SAME MANNER IN WHICH THE REQUEST
FOR PROPOSALS WAS DISTRIBUTED.
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY LOREAN BROWNING,
AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHNNY C. BROWN —
ING,JR. DECEASED, ON BEHALF OF SAID ESTATE AND ON BEHALF OF
ALL LAWFUL B, ai ICARIES AND SURVIVORS OF JOHNNY C. BROWNING,
JR. DECEASED, WITHOUT THE ADMISSION OF LIABILITY, IN FULL AN,
COMPLE'T'E SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, MICHAEL LIOTI'I , AND KENNETH I.
HARMS, UPON EXECUTION OF A RELEASE RELEASING THE CITY OF
MIAMI, MICHAEL LIOTTI, AND KENNETH I. HAFTS FROM ALL CLAIMS
AND DEMANDS.
AUTHORIZING THE CITY MANAGER TO NDGOTIATE A CONTRACT WITH
THE URBAN LEAGUE OF GREATER MIAMI, INC., GIBSON INSTITUTE FOR
SOCIAL CHANGE, TO PREPARE A REPORT DOCUMENTING THE EXTENT OF
MINOR= (HISPANIC AND BLACK) VENDOR PROCUREMENT WITH THE
CITY'S FIRST MINORITY PROCUREMENT ARDINANCE, ADOPTED IN
OCTOBER, 1981; FURTHER DIRECTING THE CITY MANAGER TO RECOM—
MEND TO THE CITY COMMISSION NEW GOALS TO BE IMPLEMENTED AND
THE POLICY TO BE FOLLG ED BY THE CITY BASED UPON THE AFORE—
SAID RESULTS.
R -84 -497
R -84 -498
R -84 -499
R -84 -500
EX