HomeMy WebLinkAboutCC 1984-03-29 MinutesR
CITY OF MIAMI
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MINUTES
OF MEETING HELM ON MARCH 29, 1984
(PLANNING AND ZONING)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G.. ONGIE
CITY CLERK
.INV
PAGE # 1
R�sOMON
PAGE We
TEM N0.
PLANNING & ZONING MARCH 296 1984
1
DISCUSSION ITEM AND TEMPORARY DEFERRAL OF THE APPOINTMENT
OF A SELECTION COMMITTEE AND ESTABLISHING GUIDELINES FOR
THE SELECTION OF A NEW CITY ATTORNEY.
DISCUSSION
1-3
2
PERSONAL APPEARANCE: ATTORNEY KENNETH MYERS REQUESTING A
CONTINUANCE ON THE CABLE TELEVISION MATTER TO THE NEXT
CITY COMMISSION MEETING.
DISCUSSION
3
3
DISCUSSION ITEM: COMMISSIONER CAROLLO CONCERNING THE
ISSUANCE OF A PARKING CITATION TO A MEMBER OF HIS STAFF.
DISCUSSION
3-4
4
RESOLUTION OFFICIALLY ACCEPTING RESULTS OF MARCH 13, 1984
ELECTION CONCERNING THE DEFEAT OF ORANGE BOWL BONDS, PARKS
AND RECREATION FACILITIES BONDS AND SOUTHEAST OVERTOWN
PARK WEST COMMUNITY REDEVELOPMENT BONDS.
R-84-317
4-5
5
RESOLUTION OFFICIALLY ACCEPTING THE RESULTS OF THE
$20,000,000. POLICE HEADQUARTERS AND CRIME PREVENTION
FACILITIES GENERAL OBLIGATION BONDS OF THE CITY OF MIAMI
FLORIDA AS APPROVED BY THE ELECTORATE MARCH 13, 1984.
R-84-318
5
6
RESOLUTION OFFICIALLY ACCEPTING THE RESULTS OF THE STORM
SEWER IMPROVEMENT GENERAL OBLIGATION BONDS, $30,000,000.
OF THE CITY OF MIAMI, FLORIDA, AS APPROVED BY THE
ELECTORATE MARCH 13, 1984.
R-84-319
6
7
AUTHORIZE CITY MANAGER TO ADVERTISE FOR BIDS TO PROVIDE
TOWING SERVICES IN THE DOWNTOWN AREA OPERATING AT CITY
DIRECTION.
M-84-320
7-8
8
DISCUSSION OF PROPOSED MEDIA TOURS FOR FOREIGN
•
•9
JOURNALISTS -PUBLIC HEARING TO BE HELD APRIL 5, 1984.
DISCUSSION
8
DISCUSSION AND TEMPORARY DEFERRAL OF REQUEST FOR CHANGE
OF ZONING CLASSIFICATION 2900-2950 S.W. 32ND AVENUE AND
2900-2935 S.W. 32:,1) AVENUE FROM RO-2.'k TO CR-2/4.
DISCUSSION
8-10
10
SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION
3757-3855 GRAND AVENUE FROM RS-2/2 TO SPI-2.
ORD. 9815
10
11
DISCUSSION AND TEMPORARY DEFERRAL OF REQUEST OF ZONING
CLASSIFICATION CHANGE 2226 S.W. 25TH AVENUE AND i511-75
S.W. 22 TERRACE FROM RS-2/2 TO CR-2/7.
(SEE LATER SAME MEETING).
DISCUSSION
11-16
12
CONTINUED DISCUSSION AND TEMPORARY DEFERRAL OF REQUEST
FOR CHANGE OF ZONING CLASSIFICATION 2900-2950 S.W. 32ND
AVENUE AND 2900-2935 S.W. 32ND AVENUE FROM RO-2.k TO CR-2/4
(SEE LATER SAME MEETING).
DISCUSSION
16-18
13
FIRST READING ORDINANCE: APPLY HC-1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO COLA -NIP BOTTLING CO.
LOCATED A;' 227 N.W. 9TH ST.
FIRST
18-19
READING
14
FIRST READING ORDINANCE: APPLY HC-1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO THE X-RAY CLINIC
LOCATED AT 171 N.W. 11TH STREET.
FIRST
19-20
READING
TEM 140.' PLANNING AND ZONING
15
16
17
18
19
20
21
22
1
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23
24
_i 25 1
26 1
21
28
29 1
301
1 1'
SLM MARCH 29, 1984
DEFERRAL OF CONSIDERATION OF A REQUEST FOR APPLICATION OF
HC-1 GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT
TO THE LYRIC THEATRE LOCATED AT 819 N.W. 2ND AVENUE.
DISCUSSION AND TEMPORARY DEFERRAL OF A PLANNING
DEPARTMENT PLAN FOR TEH DESIGN PLAZA DISTRICT DEVELOPMENT
PLAN.
(SEE LATER SAME MEETING).
ACCEPT PLAT: "T.M. ALEXANDER".
ACCEPT PLAT: "LITTLE RIVER BELL".
ACCEPT PLAT: "LEVIS ACRES'.'
FORMALIZING RESOLUTION APPROVING AND CONFIRMING THE ACTION
OF THE CITY MANAGER IN EXECUTIVE AGREEMENT WITH THE UNITED
STATED FOOTBALL LEAGUE FOR THE USE OF THE ORANGE BOWL
S MDIUM.
DIRECT THE CITY MANAGER AND CITY ATTORNEY TO PREPARE THE
NECESSARY LEGISLATION FOR A BOND ISSUE CONSIDERING
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT BONDS
AND PARK AND RECREATIONAL FACILITIES BY THE END OF TODAY'S
MEETING.
AUTHORIZING CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO
EXCEED $2,000. AS CONTRIBUTION TO EVENT KNOWN AS "THE
GALA SENIOR CITIZENS DAY", A COCONUT GROVE EVENT FOR
SENIOR CITIZENS.
CONTINUED DISCUSSION OF A METHOD OF SELECTING TOWING
COMPANIES TO OPERATE IN DOWNTOWN MIAMI.
INSTRUCT CITY ATTORNEY TO ENGAGE THE SERVICES OF PETER
JURTGEN, ESQ. IN CONNECTION WITH A LAWSUIT FILED BY FORMER
CHIEF OF POLICE KENNETH HARMS.
DIRECT CITY MANAGER TO ALLOCATE WHATEVER AMOUNT IS REQUIRED
ID FACILITATE THE HIRING OF INDIVIDUAL OUTSIDE COUNSEL
FOR EACH OF THE THREE NAMED CITY COMMISSION MEMBERS IN
REGARD TO LAWSUIT FILED BY FORMER POLICE CHIEF KENNETH HARMS
RESOLUTION ESTABLISHING A 9 MEMBER SELECT/ADVISORY COMMITTEE
TO CONDUCT REVIEW OF APPLICATIONS FOR THE POSITION OF CITY
ATTORNEY.
BRIEF DISCUSSION ITEM CONCERNING MARTIN LUTHER KING FUNDING.
DIRECT CITY MANAGER TO MAKE ARRANGEMENTS TO FACILITATE THE
EXPANSION OF THE TOTAL OFFICE SPACE FOR ALL MEMBERS OF THE
CITY COMMISSION.
PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS.
AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT SUFFICIENT TO
REDUCE THE RENTAL FEE OF COCONUT GROVE EXHIBITION HALL BY
$2,000. PER MONTH FOR ELEVEN MONTHS IN CONNECTION WITH
ANTIQUE SHOW: THE PROCEEDS OF WHICH WILL GO TO COCONUT
GROVE CARES, INC.
PAG # 2
Ig501.1lT ONl f
R-84-321
DISCUSSION
R-84-322
R-84-323
R-84-324
R-84-325
M-84-326
M-84-327
DISCUSSION
R-84-328
M-84-329
20-21
21-24
24
25
26
26-27
27-29
29-30
30-31
31
32-33
R-84-330 1 33-34
DISCUSSION 34
M-84-331
DISCUSSION
M-84-332
35-36
37
37-38
t
PAGE # 3
ran No. SIByECf S0=1034 PAGE NO
31 AUTHORIZE CITY MANAGER TO ALLOCATE $5,490. TO MIAMI MARTIA]
ARTS CONGRESS FOR TRANSPORTATION OF KARATE STUDENTS
TO CARACAS, VENEZUELA.
32 CONTEND CHIEF OF POLICE, FIRE DEPARTMENT, CITY
ADMINISTRATION AND STAFF FOR THEIR ACTION IN REGARDS
TO RECENT CIVIL DISTURBANCES.
33 EXPRESSING HEARTFELT THANKS TO MARTIN FINE, ARTHUR ENGLAND,
STUARL STMON k" ^TH"RS IN REGARDS TO THE REMOVAL OF
PROPOSTION # I FROM THE NOVEMBER BALLOT.
34 AUTHORIZE CITY MANAGER TO IMMEDIATELY SEEK BIDS FOR
PURCHASE OF LARGE PRISONER TRANSPORT VEHICLES AND BULLET
PROOF VESTS FOR MEMBERS OF THE CITY OF MIAMI FIRE
DEPARTMENT.
35 DIRECT CITY CLERK TO SEND LETTER TO STATE ATTORNEY
REGARDING STATUS OF INVESTIGATION IN CONNECTION WITH
ALLEGED MISUSE OF FUNDS AND EQUIPMENT IN PROGRAM
OPERATED BY MR. LES BROWN.
36 DISCUSSION ITEM: SEPTEMBER AND ASSOCIATES AND THE STRESS
SIMULATOR.
37 DISCUSSION ITEM: PROPOSED WIDENING OF 17TH AVENUE. FURTHER
DISCUSSION ON THIS ITEM TO BE HELD AT COMMISSION,MEETING
IN APRIL OF 1984.
38 RESOLUTION AUTHORIZING CITY MANAGER TO PROCEED WITH THE
DEMOLITION OF A DERELICT BUILDING LOCATED AT 2000
S.W. 24TH STREET.
39 APPROVE PLAN APPROVED BY THE PLANNING DEPARTMENT FOR THE
DESIGN PLAZA DISTRICT DEVELOPMENT PLAN AREA BOUNDED BY N.E.
36TH STREET., 38TH STREET ON THE SOUTH, N.E. 39TH AND 42ND
STREET ON THE NORTH: NO. MIAMI AVENUE AND WEST F.E.C.
RIGHT-OF-WAY AND BISCAYNE ON EAST.
40 FIRST READING ORDINANCE: AUTHORIZE ISSUANCE OF SUBJECT TO
VOTER APPROVAL OF $20,000 FOR SOUTHEAST OVERTOWNil'ARK
WEST COMMUNITY REDEVELOPMENT BONDS.
40(a) FIRST READING ORDINANCE: PROVIDING FOR THE HOLDING OF A
SPECIAL MUNICIPAL ELECTION IN CONNECTION WITH
$20,000,000. SOUTHEAST OVERTOWN BONDS ON SEPTEMBER
4, 1984.
40(b) FIRST READING ORDINANCE: PROVIDING FOR THE ISSUANCE OF
$35,000,000. PARKS AND RECREATION FACILITIES BONDS
SUBJECT TO VOTER APPROVAL.
40(c) FIRST READING ORDINANCE:
PROVIDING FOR THE HOLDING OF A SPECIAL MUNICIPAL
ELECTION IN CONNECTION WITH $35,000,000. PARKS AND
RECREATION FACILITIES BONDS TO BE HELD ON SEPTEMBER
4, 1984
M-84-333 38
M-84-334. 1 39 '
M-84-335 1 40-41
M-84-336 1 41-42
M-84-337 1 43-45
DISCUSSION 1 46-49
DISCUSSION 1 49-52
R-84-338 1 52-55
R-84-339 1 55-56
FIRST I
56-59
READING
FIRST
READING 59-60
FIRST 60-61
R %DING
FIRST 62
READING
PAGE # 4
TEM NO.I PLANNING & ZONING am MARCH 29, 1984
PACE too
41 INSTRUCT CITY ATTORNEY TO C014E BACK WITH A SCHEDULE FOR
PROPER TIME FRAME FOR PROPOSED CHARTER AMENDMENT
LEGISLATION FOR AMENDING AND UPDATING THE CITY CHARTER.
MOT. 84-340
62-63
42 DISCUSSION ITEM: PERSONAL APPEARANCE OF MISS VIVIAN SALAGA
`
REQUESTING FUNDING FOR THE INTERNATIONAL CHILDREN'S
MUSEUM (REQUEST DENIED).
DISCUSSION
64-65.
43 REQUEST CITY MANAGER TO HAVE MR. CLARENCE PATTERSON,
DIRECTOR, DEPARTMENT OF SOLID WASTE, TO BE PRESENT AT THE
NEXT CITY COMMISSION MEETING TO EXPLAIN NOTICES BEING
GIVEN TO RESIDENTS IN CONNECTION WITH THE PLACEMENT
OF TRASH ON THE STREETS.
M-84-341
65-66
44 DISCUSSION OF REQUEST FOR LIQUOR LICENSE AND MEMBERSHIP
IN THE COCONUT GROVE SAILING CLUB.
DISCUSSION
66-67
45 DISCUSSION ITEM REGARDING PURCHASE OF TEMPORARY TRASH
RECEPTACLES TO REPLACE THOSE STOLEN OR DESTROYED
(SEE LATER SAME MEETING).
DISCUSSION
67-68
46 LONG DISCUSSION AND DEFERRAL OF CONSIDERATION FOR THE
REQUEST FOR ZONING CLASSIFICATION FOR PROPERTY LOCATED
AT 2900-2950 S.W. 32ND AVENUE AND 2901-2935 S.W.
32ND AVENUE PENDING TRAFFIC/ENGINEERING REPORT IN
CONNECTION WITH A PROPOSED MACDONALD'S REATAURANT.
M-84-342
68-78
47 DISCUSSION AND CONTINUANCE OF REQUEST FOR ZONING
CLASSIFICATION ON PROPERTY LOCATED AT 2226 S.W. 25TH
AVENUE AND 2511-2575 S.W. 22ND TERRACE PENDING MORE
INFORMATION AND RECEIPT OF A TRAFFIC STUDY AS TO
EGRESS, INGRESS, AND OTHER TRAFFIC PROBLEMS.
M-84-343
78-92
48 SECOND READING ORDINANCE: AMEND ORDINANCE 9500
TEXT CHANGE BY AMENDING ARTICLE 15 SPI-SPECIAL PUBLIC
INTEREST DISTRICT, SEC. 1560.
ORD. 9816
93-94
49 SECOND READING ORDINANCE: TEXT CHANGE ORDINANCE 9500
AMENDING ART. GENERAL AND SUPPLEMENTARY REGULATION
SUBSEC. 05.10.
ORD. 9817
94-96
50 UPHOLD RECOMMENDATION OF ZONING BOARD AND DENY REQUEST
FOR CHANGE OF ZONING OF LOT 4, LOCATED AT 1402 SO.
BAYSHORE DRIVE FROM RG-3/7 TO SPI-5.
M-84-344
96-106
51 DISCUSSION REGARDING FUTURE DEVELOPMENT OF MIAMI CENTER
PHASE I - CITY ATTORNEY TO REPORT BACK AT THE APRIL 26TH
MEETING.
DISCUSSION
106
52 ALLOCATE SUFFICIENT FUNDS TO PURCHASE ON AN EMERGENCY
BASIS 100 TRASH RECEIPTACLES SAME TYPE AS PRESENTLY
USED TO REPLACE UNITS WHICH HAVE BEEN STOLEN OR
DESTROYED.
M-84-345
106-107
53 AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH
MARILYN F. REED FOR PROFESSIONAL CONSULTING SERVICES IN THE
AREA OF ENVIROMENTAL EXPERTISE.
R-84-346
107
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PLANNING AND ZONING &Lm
MARCH 29, 1984
54 AUTHORIZE CITY MANAGER TO INITIATE A STUDY OF RESIDENTIAL
STREETS IN'THE NORTH AREA OF COCONUT GROVE BEING USED AS
"RACEWAYS" SPEEDING AREAS AND THE PROPOSED ELIMINATION
OF OVERHANGING SCHRUBBERY OR THE INSTALLATION OF
MIRRORS TO REDUCE TRAFFIC HAZARDS IN THE AREA.
55 DISCUSSION ITEM OF ADDITIONAL APPROPRIATION FOR THE
OFFICE OF THE MAYOR.
(SEE LATER SAME MEETING)
56 PERSONAL APPEARANCE: JANET COOPER REGARDING A POLO MATCH
BEING STAGED AT THE ORANGE BOWL STADIUM.
57 AUTHORIZE AND DIRECT CITY MANAGER TO ALLOCATE AN AMOUNT
NOT TO EXCEED $15,000. FOR THE OFFICE OF THE MAYOR
'83-84 BUDGET.
58 AUTHORIZE CITY MANAGER TO INSTIGATE A COMPETITION FOR
THE REDESIGN OF THE "KEY TO THE CITY" TO BE USED
IN CONNECTION WITH CEREMONIAL OCCASIONS.
PAGE # 5
ORDINANM
sownon
PAZ N0,
M-84-347 108-110
DISCUSSION 110
DISCUSSION 110-112
M-84-348 - 1 112-113
M-84-349 1 113-114
U
45
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 29th day of March, 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 10:20 O'clock A. M. by Mayor
Maurice A. Ferre with the following members of the Commission found to
be present:
ALSO PRESENT:
Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Mayor Maurice A. Ferre
Howard V. Gary, City Manager
Jose GarciaPedrosa, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
An invocation was delivered by Maurice A. Ferre, who then led those
present in a pledge of allegiance to the flag.
1. DISCUSSION ITEM AND TEMPORARY DEFERRAL OF THE APPOINTMENT OF A
SELECTION COMMITTEE AND ESTABLISHING GUIDELINES FOR THE SELECTION
OF A NEW CITY ATTORNEY.
Mayor Ferre: Good morning ladies and gentlemen. We are on the regular
City of Miami Commission Meeting. We are now on Pocket Items. The
only pocket item that I have is the procedure for the selection of
the new City Attorney as outlined in the memorandum sent to the members
of the Commission on March 20th. What this in effect does is it
establishes a procedure I guess almost identical to the one we previously
had when we went through the selection process before. Mr. City Attorney,
you have looked at it. Do you have any additions or recommendation on
the selection? It a resolution establishing a nine member Select
Advisory Committee to conduct a review.
Mr. Dawkins: I would like to amend that if I possibly could Mr. Mayor.
Mayor Ferre: Let me ask first of all the City Attorney if he has any
recommendations at this time?
Mr. Garcia -Pedrosa: No, sir.
Mayor Ferre: Alright, Commissioner Dawkins.
Mr. Dawkins: I would like to amend it to say that we allow the law
organizations to select a person to send rather than the
President, because they may be... The President may not decide to
come. I don't know they may want to decide among themselves.
Mayor Ferre: I have no objections to that. Do you, Joe?
Mr. Carollo: Mr. Mayor....
Mayor Ferre: In other words, what you are saying is that the Cuban
American Bar Association, the Dade County Bar and the Black Law
Association and the Women's Legal Association can select somebody that
would serve rather than the President.
Mr. Dawkins: Rather than the President, yes.
. -
MAR 2 9 1984
gl
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Mr. Carollo: I would have no objections to those groups selecting
somebody. What I do see though is that when it comes to other minority
groups I'm always hearing individuals in this community protest when
committees are made, but out of the nine members in this committee
there is only one Hispanic that going to be appointed in a city that
over sixty percent Hispanic and I have a strong objections to that
Mr. Mayor.
Mayor Ferre: What would you recommend that... How would we settle
that?
Mr. Carollo: Mr. Mayor, I'm one of those that feel that just like
there are more than one qualified White American, more than one
qualified Black American there is more than one qualified Hispanic
in the City of Miami that can give us a pretty good suggestion as to whom
the main candidates will be that we will pick from.
Mayor Ferre: Who do you have in mind Commissioner?
Mr. Carollo: Mr. Mayor, I don't have anyone in particular in mind,
but I think that there are plenty of people out there that we can
choose from. And in all frankness I think that while all the people
that were mentioned are very well qualified people in the field of
law and outstanding citizens in this community. What I see is that
just about all of them don't even live in the City of Miami.
Mayor Ferre: Well, the selection was by their standing: Not by their
names and I... as a matter of fact I'm kind of sorry that even the
names were mentioned, because in effect, what we are recommending is
the three deans of the three law schools that are involved in Miami
and the presidents of the Bar Associates and the former dean. So, the
fact that they happen to be of one nationality, race, color or religious
is incidental, but I understand your point and I have no problems with
it. Tell me what you want to do.
Mr. Carollo: Mr. Mayor, what I would like to do is to hold this
appointment off until we.
Mayor Ferre: Fine, I accept that. I have no other....
Mr. Dawkins: Mr. Mayor, along the same lines now. We are going to
establish a policy here that we are going to follow. Now, when it
come up to these committees when you only got one Black and I raise
hell, we are going to do the same thing we are doing now. We are going
to put it off.
Mr. Carollo: Well, but see Miller that's...
Mr. Dawkins: Wait a minute. Wait, wait, Joe, I listened to you. Let
me finish. Ok.
Mr. Carollo: Go ahead, Miller finish.
Mr. Dawkins: You see, now just because this time the Blacks got lucky
and the Chairperson, Mr. Knox happens to be Black, which gives you two
Blacks everybody is upset now, because now after two hundred eighty
seven years of slavery you are about to get a break now, so let's find
out how we can push you back down. So, all I'm saying is that from
now on if this is going to be a policy when I feel that there is not
enough Black representation on a board, I have the same right that's
being granted today to hold it up.
Mayor Ferre: Well, I think what's happening Commissioner is that we
there are only three of us, some obviously whenever one person decides
not to vote, we don't have sufficient votes to do anything. So, I
think just from a practical point of view, there is nothing we can do
even though I think... I have no problems with the philosophy as
expounded by Commissioner Carollo as long as these are people who have
equal type of credentials as do the deans of the law schools and the
presidents of these different bar associations.
gl
MAR 2 9 1984
Mr. Dawkins: I have only one problem with that. Like you say we only
get three votes here, but when it's five votes I'll still raise hell,
I'm in the minority and it's four to one and I still get out voted. And
it always comes up this way. Now, how many times have I sat here and
voted against something because of... In things like this and I'm on
the losing side a four -one vote.
- - - - - - - - - - - - - - - - - - - - - - -- - - - - - - — - -------- - - - -
2. PERSONAL APPEARANCE: ATTORNEY KENNETH MYERS REQUESTING A
CONTINUANCE ON THE CABLE TELEVISION MATTER TO THE NEXT CITY
COMMISSION MEETING.
Mr. Dawkins: Mr. Mayor, I would like to make a suggestion before you
start. Again, you only got two votes and I will be voting against it.
There are better things we have to do is I think we should find out
legally from the City Attorney what we have to do since we did have it
scheduled at 9 what we can do to...
Mr. Kenneth Myers: Mr. Mayor and Commissioner, we are going ask...
respectfully ask for a continuance of the matter. You have a long
agenda today and for various other reasons, because the matter is in
the middle of settlement negotiations. We would like to ask that those
matters be continued until the next meeting on April 5th.
Mayor Ferre: Ok. Actually I forgot and I'm sorry that I did forget to
ask you Commissioner Dawkins and Commissioner Carollo if you have any
pocket items. I figured we are a little bit late in our agenda.
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3. DISCUSSION ITEM: COMMISSIONER CAROLLO CONCERNING THE ISSUANCE OF
A PARKING CITATIION TO A MEMBER OF HIS STAFF.
---------------------------------------------------------------------
Mr. Carollo: Mr. Mayor, I have one real brief item I would like to
bring up and the other pocket items that I have I will bring them up
later on today when we have a fourth Commissioner and when we get done
with the items that we have here before us. Mr. Manager, I normally
wouldn't bring something up like this and particularly before the
City Commission, but I just feel that when we have selective enforcement
for whatever political reasons or other reasons and selective enforcement
is being done to either intimidate or harrass my office staff, I cannot
stand quiet and let it go by. If you would go out the door right now
you are going to find that behind our parking spaces there are scores
of vehicles that are parked right now, including your space five minutes
ago, if they are still there and that I don't kuzzw, and all the other
spaces out there. This is something that has been common practice in
this City Hall, I believe since I have arrived here in 1979, but low
and behold yesterday one of my staff parks behind another one of our
vehicles in my same parking space and they get a ticket for parking in
reserved parking. Now, Mr. Manager, if these are the kind of games that
we are going to be playing with our Police Department and these are the
kind of orders that I understand that you gave to an officer that was
out there to give tickets to the only vehicles that were parked over
there, I think there were only two and it was very obvious that one of
them belonged to one of my staff members, then Mr. Manager, we are going
to challenge these in court and unfortunately are going to take the time
of our police officers to go there on a BS citation like this. But I'm
not going to let my staff be harrassed in their own parking space and
their own office at City Hall with selective enforcement. Now, if
tickets will be given to every vehicle that's parked out there now and
in every other occasion, we have no problems with that, but the rules
are not going to be changed just for my staff and it's not going to be
changed for anybody else.
Mr. Gary: The implication and the innuendo that you are trying to
convey is not correct. First of all, I know for a fact that there has
been enforcement of the double parking outside since I have been in the
gl �� MAR 2 9 1984
City before I became City Manager. The instruction that were given..4
first of all, there has not been any selective enforcement on Commissioner
Carollo and his staff. The instructions that were given because it has
gotten out of hand, we even have stopped for a long time not even
issuing tickets, but it's gotten out of hand. It's a safety hazard
in terms of driving as well as pulling in. I informed the police officer
that if anybody was double parking in the Mayor's or Commission's space they
were not to be ticketed, they were supposed to go to the office and
inform them to park some place else. Anybody else was supposed to be
ticketed Commissioner Carollo. It was not selective enforcement for you
we gave tickets to other people. And with regard to that ticket, that
ticket should not have been issued.
Mr. Carollo: Well, that's not the case Mr. Manager, it was issued to one
of my staff members that works here and that has been parking in that space
for the last four and a half years and if we are going to do this kind
of enforcement you are telling me now then I would suggest we start with
the vehicles that are parked behind your spaces and your assistant spaces
that belong friends or associates of yours.
Mr. Gary: Well, that's another innuendo that is not correct, not friends
or associates.
Mr. Carollo: Well, Mr. Manager, if you like we can step right out there
now and see all the vehicles that are parked behind your spaces and are
not being cited.
Mr. Gary: Fine, you can step out there. You can step out there. There
were tickets issued to more than to you.
Mr. Carollo: So, Mr. Manager, what it comes down to is selective
enforcement and I'm sorry you might have been absent yesterday for
whatever the reasons were, but I am not going to stand by and get a
ticket to one of my staff, because of- whatever political reasons they
are behind.
Mayor Ferre: Ok, are we finished now? Do you have anything else?
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4.'RESOLUTION OFFICIALLY ACCEPTING RESULTS OF MARCH 13, 1984 ELECTION
CONCERNING THE DEFEAT OF ORANGE BOWL BONDS, PARKS AND RECREATION
FACILITIES BONDS AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT BONDS.
---------------------------------------------------------------------
Mayor Ferre: Alright, the first thing we need to do according to the
Clerk is we need to canvass the March 13th Election, you have got the
information before you of the election for the various City bonds.
Now, I will be later on today discussing this issue, but I think in the
interest of moving along with the scheduled agenda I'm going to hold
back on the question of any future bond elections, but in the meantime
we need to canvass this. Anybody have any questions on the numbers
as submitted? Alright, is there a motion that these figures be accepted?
Mr. Carollo: There is a motion that they be accepted.
Mr. Dawkins: Second.
Mr. Garcia -Pedrosa: Mr. Mayor, there are three different resolutions on
that matter which should be passed separatedly.
Mayor Ferre: Ok, why don't you tell me what they are. This Item....
What is this anyway?
Mr. Ongie: It's not on the agenda.
Mr. Garcia -Pedrosa: It's not on the agenda.
Mayor Ferre: Alright, it goes as following; a resolution officially
accepting the attached City Clerk certification and declaration of the
gl (�;� MAR 2 9 1984
results of each of the three special municipal elections held on March
13th in which the following general obligation bond issues were
disapproved. (A) A ten million dollar Southeastern Overtown Park
West Community Development Bonds (B) Fifty-five million dollar Orange
Bowl Modernization Bonds and (C) A thirty-five million Park and
Recreation Facility Bonds. Motion by Carollo, seconded by Dawkins,
further discussion on that motion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 84-317
A RESOLUTION OFFICIALLY ACCEPTING THE ATTACHED CITY
CLERK'S CERTIFICATION AND DECLARATION OF THE RESULTS
OF EACH OF THREE SPECIAL MUNICIPAL ELECTIONS HELD ON
MARCH 13, 1984 IN WHICH THE FOLLOWING GENERAL OBLIGATION
BOND ISSUES WERE DISAPPROVED: (A) $10,000,000 SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT BONDS; (B)
$55,000,000 ORANGE BOWL MODERNIZATION BONDS; AND
(C) $35,000,000 PARK AND RECREATION FACILITIES BONDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner Dawkins, the'rebolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
5. RESOLUTION OFFICIALLY ACCEPTING THE RESULTS OF THE $20,000,000
POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES GENERAL
OBLIGATION BONDS OF THE CITY OF MIAMI FLORIDA AS APPROVED BY
THE ELECTORATE MARCH 13, 1984.
Mayor Ferre: The second one is a resolution officially accepting the
attached City Clerk's certification and declaration of the results
of the special municipal election held March 13, 1984 in which the
issuance of twenty million dollars of Police Headquarters and Crime
Prevention Facilities General Obligation Bonds of the City of Miami,
Florida, was approved by the electorate; further authorizing and
directing the proper city officers to perform any and all incidental
duties and to take appropriate proceedings in connection with the
issuance of said Police Headquarters and Crime Prevention Facilities
Bonds, as required by law. Moved by Dawkins, seconded by Carollo,
further discussion, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
gl
RESOLUTION NO. 84-318
A RESOLUTION OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S
CERTIFICATION AND DECLARATION OF THE RESULTS OF THE SPECIAL
MUNICIPAL ELECTION HELD ON MARCH 13, 1984 IN WHICH THE
ISSUANCE OF $20,000,000 POLICE HEADQUARTERS AND CRIME
PREVENTION FACILITIES GENERAL OBLIGATION BONDS OF THE CITY
OF MIAMI, FLORIDA, WAS APPROVED BY THE ELECTORATE; FURTHER
AUTHORIZING AND DIRECTING THE PROPER CITY OFFICERS TO
PERFORM ANY AND ALL INCIDENTAL DUTIES AND TO TAKE APPROPRIATE
PROCEEDINGS IN CONNECTION WITH THE ISSUANCE OF SAID
POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES BONDS
AS REQUIRED BY LAW.�� MAR 2 9 1984
.e�
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Carollo, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
6. RESOLUTION OFFICIALLY ACCEPTING THE RESULTS OF THE STORM SEWER
IMPROVEMENT GENERAL OBLIGATION BONDS, $30,000,000 OF THE CITY OF
MIAMI, FLORIDA, AS APPROVED BY THE ELECTORATE MARCH 13, 1984.
Mayor Ferre: A resolution Officially accepting the attached City
Clerk's certification and declaration of the results of the special
municipal election held on March 13, 1984 in which the issuance of
$30,000,000 Storm Sewer Improvement general Obligation Bonds of the
City of Miami, Florida, was approved by the electorate; further
authorizing and directing the proper city officers to perform any and
all incidental duties and to take appropriate proceedings in connection
with the issuance of said storm sewer bonds, as required by law. Is
there a motion?
Mr. Dawkins: Move.
Mayor Ferre: Moved, is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion, call the roll.
s The following resolution was introduced by Commissioner Dawkins, who moved
its adoption:
RESOLUTION NO. 84-319
A RESOLUTION OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S
CERTIFICATION AND DECLARATION OF THE RESULTS OF THE SPECIAL
MUNICIPAL ELECTION HELD ON MARCH 13, 1984 IN WHICH THE ISSUANCE
OF $30,000,000 STORM SEWER IMPROVEMENT GENERAL OBLIGATION BONDS
OF THE CITY OF MIAMI, FLORIDA, WAS APPROVED BY THE ELECTORATE;
FURTHER AUTHORIZING AND DIRECTING THE PROPER CITY OFFICERS TO
PERFORM ANY AND ALL INCIDENTAL DUTIES AND TO TAKE APPROPRIATE
PROCEEDINGS IN CONNECTION WITH THE ISSUANCE OF SAID STORM
SEWER BONDS, AS REQUIRED BY LAW.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Carollo, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None. '
ABSENT: Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
gl
MAR 29 1984
NOTE FOR THE RECORD: AGENDA ITEM 14 WAS CONTINUED TO THE APRIL
CI y COMMISSION MEETING.
NOTE FOR THE RECORD: AGENDA ITEM 15 WAS CONTINUED TO THE APRIL
CITY COMMISSION MEETING.
7. AUTHORIZE CITY MANAGER TO ADVERTISE FOR BIDS TO PROVIDE TOWING
SERVICES IN THE DOWNTOWN AREA OPERATING AT CITY DIRECTION.
Mayor Ferre: The next item is discussion regarding the method of
selecting towing companies operating at City direction in Downtown
Miami. Mr. Manager, towing companies?
Mr. Jack Bads: Mr. Mayor and members of the Commission, this item
addresses the police initiated tows within the City of Miami and it
provides a method where all interested companies that desire to provide
that service to the City can become qualified through a set of
requirements. Once they become qualified they would then be in a
position on a retational basis to provide tows, police initiated tows
and would be compensated directly at the rate stipulated in the
agreement. What we are asking here is that the Commission authorizes
to go out and actively seek firms to provide this service.
Mayor Ferre: Any questions? Does anybody wish to speak to the
Commission on this issue in this public hearing? Do we need any
action Mr. Manager?
Mr. Eads: No, sir I don't believe so. We will go ahead and advertise
it.
Mr. Gary: Well, you pass a motion accepting it.
Mayor Ferre: Have we passed a motion?
Mr. Gary: No, pass one.
Mayor Ferre: Does anybody have any objections to the procedures
outlined by Jack Eads.
Mr. Carollo: For the towing company....
Mayor Ferre: Repeat it again, Jack.
Mr. Bads: It's a procedure that relates to police initiated tows.
Tows in the public right-of-way. It provides an opportunity for all
interested tow companies to offer that service to the City on a zone
basis. Any company that's desirous of providing that service can
qualify. They would then be included among the firms that provide
the tow and they would receive tows on a rotational basis.
Mayor Ferre: Is there a motion that we so advertise and follow this
procedure?
Mr. Carollo: Move.
Mr. Dawkins: Second.
Mayor Ferre: Further discussion, call the roll.
gl
07 MAR 2 91984
^d_
The following motion was introduced by Commissioner Carollo-who
moved its adoption:
MOTION NO. 84-320
A MOTION AUTHORIZING THE CITY MANAGER TO PROCEED TO ADVERTISE
TO OBTAIN BIDS FOR THE PROVIDING OF TOWING SERVICES IN THE
DOWNTOWN AREA OPERATING AT CITY DIRECTION.
Upon being seconded by Commissioner Dawkins, the motion was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
---------------------------------------------------------------------
8. DISCUSSION OF PROPOSED MEDIA TOURS FOR FOREIGN JOURNALISTS - PUBLIC
HEARING TO BE HELD APRIL 5, 1984. -
---------------------------------------------------------------------
Mayor Ferre: The next item on the 9 O'clock agenda is discussion of
the proposed media tours for foreign journalists. What's that all _
about Mr. Manager? We are on 17, Mr. Manager. I don't know what this
foreign journalist proposed media tours is. It's not in the packet.
- Is there a clarification of what that is? —
Mr. Clark: Mr. Mayor, we were requested by the Department of Information
to inform you that there is a prohibition that has to be advertised. It has been advertised and there will be a public hearing on April
5th in regard to this matter.
Mayor Ferre: That was that thing that Aida Levitan and Bobbie Munford
and others are involved in?
Mr. Clark: Yes, sir.
Mayor Ferre: Ok. Is there further discussion on this? Do we need
any action Mr. City Attorney? -
Mr. Garcia -Pedrosa: No, sir.
---------------------------------------------------------------------
9. DISCUSSION AND TEMPORARY DEFERRAL OF REQUEST FOR CHANGE OF ZONING
CLASSIFICATION 2900-2950 S.W. 32ND AVENUE AND 2900-2935 S.W.
32ND AVENUE FROM RO-2.1/4 TO CR-2/4. (See later same meeting).
---------------------------------------------------------------------
Mayor Ferre: We are now on Item #1 of the morning agenda which is the
Zoning Atlas and second reading, Frank Hirsch and Leonard Solomon,
Standard Oil Company, H. B. Cagle, Georgene Wall and Dorothea Blanchette.
I think we have a problem. George DuBreuil came to me and said that
they want this on an emergency basis, to do that you need four votes.
The problem is I think....
Mr. Garcia -Pedrosa: No, no, no, you can't have an emergency ordinance
in zoning Mr. Mayor.,
Mayor Ferre: Oh, you can't have an emergency. So in other words they
are stucked with thirty anyway you slice it. It's on second reading.
Now, do you want to wait for Plummer to be here or not?
gl MAR 2 9 1984 -
IV
Mr. Manuel Fagundez: Mr. Mayor, may I make a suggestion and I would -
request the City Attorney to give you an opinion on this. My name is
Manuel Fagundez from MacDonald's Corporation. As you may be aware
Mr. Mayor and Commissioners, we had appeared at a first reading and.
subsequently appeared at the second reading and that second reading
was deferred until today. I understand the thirty day appeal period
subsequent to a second reading and I asked the City Attorney in lieu
of all the time that's elapsed between the first reading and today
it's obvious that proper notice has been given to the abutter and
any interested parties and I might add that there were no objectors
,t the previous two hearings. If we were to agree to give the City
Commission and the City a letter of indemnification against any appeal
occurring during the subsequent thirty day appeal period, would that
eliminate the necessity for an emergency hearing basis?
Mayor Ferre: There is no emergency because as the City Attorney has
explained to you, there cannot be an emergency reading on a zoning
matter. So, it's not a question of an emergency. Now, whether there
was proper notification I will ask the City Attorney to answer on that.
Mr. Garcia -Pedrosa: My understanding Mr. Mayor, is that the matter
is perfectly correctly before the Commission as far notice is concerned,
but I think what he is asking is whether we can be permitted to violate
the law and they will hold us harmless for it and I don't think that's
a good idea.
Mayor Ferre: Ok.
Mr. Fagundez: Ok, that's fair.
Mayor Ferre: Alright, is there anybody here who wishes to speak to
Item 1 other than the proponents? Yes, sir.
Mr. Abel Alonzo: Mr. Mayor, my name is Mr. Abel Alonzo. I'm here
representing Financial Federal Savings and Loan. I'm here to request
that this be postponed becaused we were never notified.
Mayor Ferre: Well, now why would you need to be notified?
Mr. Alonzo: Well, we are involved in the case. We own some properties
in Grove Paradise.
Mayor Ferre; Why weren't they properly notified?
Mr. Perez-Lugones: If they were within three hundred seventy-five feet
for the first reading they absolutely were notified.
Mayor Ferre: Now, you are bankers for who?
Mr. Alonzo: Financial Federal Savings and Loan.
Mayor Ferre: But I mean who are you a banker for?
Mr. Alonzo: Excuse me, I don't understand the question.
Mayor Ferre: I mean are you a banker for this group or for another
group or what? You are here just as a property owner, is that it?
Mr. Alonzo: No, no I'm here representing the Savings and Loan Financial
Federal.
Mayor Ferre: And you want this continued because you were not properly
notified?
Mr. Alonzo: Right, correct. Our property is located in Grove Paradise.
We have units in that area.
Mayor Ferre: So, the question here goes to the department. Why weren't
they properly notified?
Mr. Fagundez: Mr. Mayor?
gl �g MAR 2 9 1984
j
r
f
Mayor Ferre: Let him answer that and then we will get to you.
Mr. Perez-Lugones: Mr. Mayor, the gentlemen doesn't know if he is within
the three hundred seventy-five feet radius. He cannot tell us where
he is located.
Mayor Ferre: Well, let determine that and then we will take it from there.
So, we will go on to Item 2 while you determine all of this and we will
come back to you.
10. SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION 3757-3855
GRAND AVENUE FROM RS-2/2 TD SPI-2.
Mayor Ferre: We are now on Item #2 which is on second reading. This
is approximately 3757 Grand Avenue. Is this related? Is Item 2 related
to Item 17 I'm waiting.
Mr. Whipple: Mr. Mayor, this is a Planning Department application
recommending approval of this change of zoning. A question occurred
at the last meeting with respect to the first reading and that question
proffered Commissioner Plummer, was it possible for any of this newly
zoned property to be utilized for either beer or liquor establishments.
We supplied a graphic to the Manager I believe that went to Commissioner
Plummer which showed the distance requirements from schools, churchs
and similar licenses which concludes and shows that no none of this
property could be utilized for additional beer and wine licenses. So,
I don't believe there is any objectors here today and we recommend
approval on second reading.
Mayor Ferre: Anybody wish to speak to Item 2? If not is there a
motion? Moved by Carollo, seconded by Dawkins, further discusssion?
Read the ordinance on Item 2. Further discussion, call the roll.
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 APPDXIMATELY
3757-3855 GRAND AVENUE, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN) FROM RS-2/2
ONE -FAMILY DETACHED RESIDENTIAL TO SPI-2:
COCONUT GROVE CENTRAL COMMERCIAL DISTRICT;
MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 47 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 February
28, 1984 was taken up for its second and final reading by title and
adoption. On motion of Commissioner Carollo, seconded by Commissioner
Dawkins, the Ordinance was thereupon given its second and final reading
by title and passed and adopted by the following vote:
AYES: C''ommissioner Joe Carollo
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio-Perez, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9815
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. '�'(1 MAR 2 9 1984
g 1 ,�/
-- --- ------------------ --- ------ ---- ---------------------
11. DISCUSSION AND TENTORARY DEFERRAL OF REQUEST OF ZONING
CLASSIFICATION CHANGE 2226 S.W. 25 AVENUE AND 2511-75 S.W. 22
TERRACE from RS-2/2 TO CR-2/7. (See later same meeting).
Mayor Ferre: Take up Item 3, first reading, Harold D. White, Coral
Way Properties. This is a petition to ordinance 9500 Atlas change
from RS-2/2 to CR-2/7. The opponents at the meeting were eleven, two
in favor, thirty-four against by mail. The Zoning Department recommended -
denial. The Zoning Board recommended approval on a four to three vote.
Alright, sir. _
Mr. Sergio Rodriguez: For the record my name is Sergio Rodriguez,
Planning Department. The importance of the decision that you are going
to make on this project I would like to bring it before you at this
point before Mr. Whipple makes a presentation on specific details of
the project. The zoning change that the applicant is seeking for this
project will have a very definite and lasting affect on the future of
22nd Terrace in the Southwest. This project if approved as proposed
will disrupt a very stable single family area, one of the best that
we have close to Downtown. The applicant is proposing parking structure
and a building of several stories facing the single family area. In
addition to that we believe that a zoning change of this nature will
have a definite affect on facilitating future changes along Southwest
22nd Terrace might spread to the east and west of this property. We
already have seen some changes in the western part of 22nd Terrace
on the part which is west of 27th Avenue. This will result in much
more traffic to the area and a higher density. In the consultant's
report in different portions of the consultant's report on traffic
they mention that there have to be some improvements on 22nd Terrace
where affecting 22nd Terrace as if it was a foregoing conclusion
that 22nd Terrace should serve as a street that would take some of
the traffic Coral Way and we definitely believe that this would have
a negative affect on the area. In addition to that the consultants
proposed to have as a solution to the traffic problems the creation
of three traffic lanes in Coral Way and 27th Avenue that we believe
are not within the control of the applicant and that at best might
not be possible in some cases to be resolved. Assuming that they
were to be resolved we have some concerns as to who will pay for
all these improvements in the area. As part of the justification for
the zoning change the applicant has mentioned that they would like to
have the possibility of by this zoning change of having a mega structure
that will allow them for unity of design for a better design. At the
same time we are concerned about what may result of the proposal because
the applicant is coming to the Plat and Street Committee with five
different parcels and they are at this point talking of a phase I
project that if it were to be developed in the way they are proposing
it might be possible for them to have a project approved without having
to go for a major use permit. In different portions of the report by
the.. also by the consultant in relation to the traffic all the way
through they mentioned that the improvements on 22nd Terrace will allow
the redevelopment, the future redevelopment of projects in this area.
I believe that in making a determination today whether this project
should be approved or not you should take into account that approval
of the zoning for this area will have a lasting affect on 22nd Terrace
and if this is what we would like to do to the area, well may be this
is the time to take into account all those consequences. Before I let
Mr. Whipple continue the presentation there is one more point I would
like to present and this that through the change of the zoning ordinance
and the inclusion of gross lot area and also due to the alley closings
that the applicant has requested, the applicant is in effect getting an
increase in density that is considerable. If we were to approve the
zoning change that they are requesting today we believe that they
will have an increase of floor area which is about one hundred thousand
square feet and we believe that is too much. Mr. Whipple.
Mayor Ferre: How much? I'm sorry I didn't hear that.
Mr. Rodriguez: One hundred thousand.
gl ;1 MAR 2 9 1984
Mr. Whipple: Under the existing zoning?
Mayor Ferre: Yes.
Mr. Whipple: He could build two hundred sixty-five thousand square
feet of office space. With the rezoning he could build an additional
as Mr. Rodriguez said approximately a hundred thousand square feet.
Mayor Ferre: In other words it would go from a hundred sixty-five, is
that what you said?
Mr. Whipple: Two sixty-five, one...
Mayor Ferre: Two sixty-five to three sixty-five.
Mr. Whipple: Two sixty-five up to three sixty-five. Yes, sir.
Mayor Ferre: Alright, sir, thank you. Anything else you want to add?
Mr. Whipple: Unless you would like to some more statistical information
on the areas.
Mayor Ferre: Well we may want to get back to you after the presentation
and then...
Mr. Carollo: Mr. Mayor, if I may for the sake of saving time and
making sure that the applicants understand where they are standing at
I have no problems with progress and expanding the tax base of the
City of Miami, but in this particular corner unlike others that we
have... that have come before us here on Coral Way this is quite
different in some ways with having a lot of residential areas and
some of the neighbors that are not in total agreement with some of
the things they are doing there. Now, I have met with the applicant.
I have met with some of the neighbors and I'm going to be in favor of
some very strict additions that are going to be placed in a covenant,
some that were discussed with me by neighbors and the applicant and
since there is only three of us here I don't want the applicant to
have to deal with a shotgun to their heads. So, I would suggest
possibly that you might wait until there is a fourth member of the
Commission, because if any of my colleagues for instance, would not
be in favor of closing up that 25th Avenue for instance, I'm going to
go along with this. I gave a committment to the neighbors that I would
be in favor and would push to close off 25th Avenue as I discussed with
the applicant. The was one of the things that you all discussed with
the neighbors. And if for any reason either Mayor Ferre or Commissioner
Dawkins are not in favor of that, I would not be voting along with this.
So, Mr. Traurig, in all fairness to you I thought I should bring that
out and if you think you would rather wait for Commissioner Plummer
to be here...
Mr. Robert Traurig: Mr. Commissioner, let me put my name in the
record. Robert H. Traurig, 1401 Brickell Avenue. I'm totally
sympathetic with what you have just said. We have a commitment also
to the neighbors and we support them fully in their objective of
the "T" to be constructed at the intersection of 25th Avenue and 22nd
Terrace. We have met with them. We have provided for that in the
covenant. We think that the staff of the City recognizes that that's
a good way to control traffic. We have our traffic engineer here.
I think that the neighbors and we go hand in hand to try to achieve
that objective. If you as a Commissioner would prefer that we come
back at 2 o'clock we will be glad to do that. We have great confidence
in the three members of the Commission who are present here today.
- We are prepared to make the presentation. We are not concerned about
the outcome. We think that we have worked out these problems with
the neighbors, but we are happy to leave here come back this afternoon
or come back any other time you want us to come back and we will do
whatever the neighbors and this Commission wants.
2 MAR
91 29 1984
Mr. Carollo: Mr. Mayor, I think in all fairness to them it would be
best for them to come back, because I will be voting for the project
and let me put it on the record, but the only way that I'm going to
be voting for the project will be with quite a few stipulations in
the covenant. Unless those stipulations are not put in a covenant
I will not vote for it. And I... if there was any misunderstanding
between the applicant and the neighbors, I don't want them to be
with a shotgun to their heads that they have to get all three votes
that are here. So, I think in all fairness it would best if there is
four votes here--- you might get all four votes, you might not, but...
Mr. Traurig: May I have this opportunity just to explain to Commissioner
Dawkins and the Mayor, that we have reached agreement with the neighbors
and we have an executed covenant. Although, we haven't delivered the
executed covenant to the City Attorney he has a copy of it and we are
going to give him the executed covenant in one second. The only issue
to which Mr. Carollo makes reference is whether or not from a traffic
standpoint we can prevent the infiltration of other than neighbor
traffic into the neighborhood to the South by building a culdesac in
order to protect that neighborhood to the South. We have agreed to
help them get approval from this Commission to achieve that neighborhood
objective. It's up to this Commission to indicate whether or not
the Commission wants to help them reach that neighborhood objective.
We are happy to wait until Commissioner Plummer comes back, but if
this is merely an expression from the Commission which gives us
guidance, we would ask you to tell us whether or not from a policy
standpoint you would be supportive of the neighborhood in trying to
reroute traffic the way they proposed. If you would like us to make
an explanation of that in more detail through David Plummer our traffic
engineer we will do that. If you...
Mayor Ferre: I think Carollo is correct and that is Bob I think we
ought to wait for Plummer to be here because you may not have three
votes on this Commission. And I would I think out of courtesy to you.
I would like, however, to see an explanation as to exactly what the
project is. What is it you are intending to do on this site, since
I know nothing about this?
Mr. Traurig: May I then give you an overview of what the presentation
will be like?
Mayor Ferre: Yes, a quick overview.
Mr. Traurig: Basically, we have to tell you that the figures that you
got from the Planning Department are really incorrect.
Mayor Ferre: Just tell us what it is that you want to do on the property.
Do you have a drawing there and it shows... Is it a commercial project
or is it going to be housing or? How big is it? How many square feet?
What are going to have there?
Mr. Traurig: Let me start out by explaining to you very briefly that
this is a project for a Coral Way properties. The principals are Mr.
Harold D. White and Mr. Arnold White and it's at the intersection,
of the Southeast corner of Coral Way and 27th Avenue.
Mayor Ferre: This is the former warehouse, I mean Saunders Hardware.
Mr. Traurig: Saunders Hardware.
Mayor Ferre: Ok. And does it go to the corner, the development?
Mr. Traurig: I think it"s very important to know that all of this
property, the whole two blocks, the mega blocks from 25th Avenue to
27th Avenue from Coral Way to 22nd Terrace is already zoned CR•-2/7.
We are only asking you to consider the zoning of seven lots in this
corner.
Mayor Ferre: Which are the bottom seven lots that
Alright, would you show me the project so I can get
the magnitude of what you are talking about is. I
is it you plan to do there?
go into 22nd.
an idea of what
mean, what exactly
gl 13
MAR 2 9 1984
Mr. Traurig: The project ... This is a perspective of the project
and that's it.
Mayor Ferre: Is that an office building?
Mr. Traurig: It's a combination of office, banking and commercial.
We are asking and just so that you understand we will make this
presentation...
Mayor Ferre: By commercial, you mean convenience stores or...
Mr. Traurig: No, convenient stores. We are talking about boutiques
and that type of commercial. We are asking for an increase in toning
which would permit an increase on phase I from eighty thousand square
feet to a hundred five thousand... hundred three thousand square feet.
We are asking for eighteen thousand square feet which we are borrowing
from phase II because we have the right, right now to build as many
square feet as we are proposing on the entire project, but we want to
create a balanced project by moving some of the density from phase II
into phase I and we are asking for an increase of only eighteen
thousand feet in phase I. What staff is telling you is that if you
took the whole block we could achieve over three hundred thousand
square feet. We are not asking for three hundred thousand square feet.
Mayor Ferre: How much will you be doing?
Mr. Traurig: We are going to be doing somewhere around two eighty.
Mayor Ferre: Is that gross?
Mr. Traurig: And they are saying we could three sixty and we are
saying two eighty gross. We are only doing around two hundred offices
and around... the rest of it in commercial in form or another.
Mayor Ferre: Is there parking?
Mr. Traurig: We have parking in the rear in a structure which is
achitecturally similar to and compatible with the principle structure.
Mayor Ferre: Is that in compliance? Is the parking request in
compliance? I mean, they are not getting waiver of any parking spaces?
Mr. Traurig: No.
Mr. Whipple: Not as far as we know.
Mayor Ferre: Ok, so in other words there would be no impact on the
parking in the street?
(BACKGROUND COMMENT INAUDIBLE).
Mayor Ferre: What sir?
(BACKGROUND COMMENT INAUDIBLE).
Mayor Ferre: Well, speak up into the microphone and tell me exactly
what...
Mr. Whipple: Well, Mr. Mayor, I just wanted to bring your attention
again, we are talking about a change of zoning of which at this point
and time we have no control over and we are not even sure that the
plans that are before you today are going to be those that are going
to be finaled out. So, when you ask questions as to do they meet
parking? Well, as far as we know they meet parking, but if the design
changes or something then they might not and have to come in for a
variance request.
Mr. Traurig: He is not correct, Mr. Mayor, because we provided a
covenant that says we will develop subtantially in accordance with
specific plans which h4s on phase I a hundred three thousand square
feet where eighty-five thousand square feet are permitted and really
in phase I we could build a hundred forty thousand feet. We are -only
asking for a very few square feet. MAR 2 9 1984
gl
Mayor Ferre: Mr. City Attorney, would the covenant satisfy that?
Mr. Garcia -Pedrosa: I don't know Mr. Mayor, I haven't seen the covenant.
Mayor Ferre: Alright, well we are going to wait until Plummer gets z`
here and in the meantime you will give them the covenant, they will rend
the covenant and I think I have a fairly good idea...
Mr. Carollo: Bob, really briefly, you said that you are not going as
high as the Planning Department stated to three hundred sixty-five
square feet, that you are going from two sixty to approximately two
eighty. In other words fifteen thousand additional square feet than
you are permitted without getting a variance.
Mr. Traurig: I think that the thing is distort somewhat. We have
commercial zoning on almost the whole block right now. We could build
more than the two hundred sixty-five thousand square feet on the block
right now without any change in zoning. We are breaking the project
into two parts. Part I is the Eastern portion of it. In order to have
well designed project we are asking for the seven lots in the back to
be rezoned t}::: same as every other lot in the block is zoned, that
would permit us to increase the density on that portion by eighteen
thousand feet which we are deducting from what we could have built on
the western portion. The truth of the matter is on the western portion...
I mean on the whole block we could build around three hundred seventy-
five thousand square feet. We are only going to wind up building about
two hundred eighty thousand square feet. So, we are going to build
substantially less on the total block that we have the right to build.
What the staff is saying is yes, but we don't know what you are going
to build on the rest of the block and we are saying to you that we are
limiting our application to the eastern portion of block we are only
asking for an increase of eighteen thousand square feet to make a
better design project. We have worked it out with the neighbors. We
are creating a very, very important neighborhood amenity package which
we will describe to you when we meet again at 2 o'clock and we frankly
believe that the neighbors are completely satified if you go along
with them on the traffic protection that they are asking for and we
are for that.
Mr. Randall Simpson: Mayor Ferre, before you make a final decision.
Mayor Ferre: No, we are not going to make any decisions now.
Mr. Simpson: I know that. I mean, as far as postponing it until
2 o'clock. My name is Randall Simpson and I live in the neighborhood.
I have no problem with meeting at 2 o'clock personally. I know that
some of the people who are interested in this project it was a great
hardship to get here today at 10:30 in the first place.
Mayor Ferre: I will hear them. I will be happy to hear them.
Mr. Simpson: Ok, but I still feel that for us to be present when the
concepts are being communicated to the City Commission that we... it's
important for us all to be here. We are perfectly content in going
ahead with this presentation presently. We have orchestrated ourselves
to get here now and we are ready to go with our discussion and it's
going to be a great bit of difficulty to get them right back here again.
Mayor Ferre: Well, I think you are correct and out of courtesy to that
those that are here I will take there testimony into the record and
I apologize as I said before cCommissioner Perez is out of the Country
and not in Miami and Commissioner Plummer as you have heard is
inadvertently because of a funeral not present today.
Mr. Simpson: And you feel that it's important to have four people
as opposed to the three?
Mayor Ferre: I think out of courtesy to Commissioner Plummer who will
be here this afternoon and out of courtesy to these people that we...
I as Mayor in the ten &nd a half years I have been here have always
granted the courtesy to any person who wishes to defer an item or
postpone it once for a good reason. I think this is a fairly good
reason and it's a request by a member of the Commission.
gl 45 MAR 2 9 1984
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Mr. Carollo: Mr. Mayor, may be the solution would be to make it
'i easier for the neighbors if we could just postpone this until 5 or
5:30.
Mr. Simpson: That would be much better, I'm sure of it.
Mayor Ferre: Ok. I again don't mind doing that, but I would if there
are some people here that are neighbors that wish to make a statement
into the record and wish to be heard by the three of us I think I would
certainly out of courtesy to you listen to you. Ok. Now, is there
anybody here who cannot be here at 5:30 that would like to speak at
this time.
UNIDENTIFIED SPEAKER: Mr. Mayor, I am a resident of the area and
I would like to be present during the discussions so that I can
answer or rebut any of the presentations that they are going to be
making. So, I made a change of scheduling to be present here this
morning, but I won't be able to be here at 2 o'clock. So, if you
can postpone it after 5:30 that would be helpful.
Mayor Ferre: Well, that's what Commissioner Carollo is recommending.
is there anybody that. cannot be here at 5 or 5:30? Anybody here
that wishes speak now? Alright, then unless the Commission feels
otherwise we then take this matter up at 5.30. I don't think we need
a motion on that. Do we Mr. Clerk?
Mr. Ongie: No, sir.
Mayor Ferre: Well, Item 3 is now continued until 5:30.
12. CONTINUED DISCUSSION AND TEMPORARY DEFERRAL OF REQUEST FOR CHANGE
OF ZONING CLASSIFICATION 2900-2950 S. W. 32ND AVENUE AND 2900-2935
S.W. 32ND AVENUE FROM RO-2.1/4 to CR-2/4 (See later same meeting).
-----r---------------------------------------------------------------
Mayor Ferre: We are now on Item 1. Do you have this thing worked out
with the banker? Is the banker in the three hundred foot limit and
was he notified properly or not notified and so on?
Mr. Pierce: Mr. Mayor, the records in the department file indicate
that all persons who's name appeared on the list of property owners
_ were properly notified. The two gentlemen who appeared before you
saying they represent Financial Federal, Financial Federal shows up
as being notified at two different addresses for the various properties
which they have recently gained ownership through foreclosure.
Mayor Ferre: Alright, is there anything else? I'm going to do that
in a moment, but out of...
UNIDENTIFIED SPEAKER: Mr. Mayor, I checked with my office in Miami
Lakes and spoke to a Mr. Charles Gaines which is our Vice -President
in charge of loans and they have not received notification. Now,
as I said before 14sk if this can be postponed.
Mayor Ferre: Mr. City Attorney,_ just a moment Commissioner. Mr.
City Attorney.
Mr. Garcia -Pedrosa: Yes, sir.
Mayor Ferre: The problem that we have is the following. The records
shows that this particular property owner was notified in two locations
our record show. They claim that they have.not received notice. They
are asking that this matter bepostponed until next -Commission meeting
since they don't... they feel they are not prepared to ---my guess is
the reason to present their arguments. Now, legally where do we stand
if our own department says that they were notified?
Mr. Garcia -Pedrosa: Well, Mr. Mayor; a postponement in this case or
a continuance would be feasible because the timetable permits it,
�6
gl MAR ? 9 1984
But as far as the giving of notice is concerned if the department were to
certify that the appropriate steps were taken by placing notice to the
appropriate person in the hands of the United States Post Office that
would legally constitute the giving of notice whether or not thdy actually
received it,
Mr. Peres-Lugones: We attest to that fact Mr. Mayor.
Mayor Ferre: So, what you are saying is from a legal position as long
as they attest, which they have just done, they haven't legally notified
and they can challenge that or not, but that's you option. . That's
doesn't give us then the opportunity to put this off on that basis.
Mr. Garcia -Pedrosa: No, no, I didn't say that. I said you could put
it off, but you don't have to. In other words a notice is properly
given if it is placed in the hands of the United States mail.
Mayor Ferre: If we put this matter off now it would be until when?
Mr. Garcia -Pedrosa: April 26th.
Mr. George Dubreuil: Mr. Mayor?
Mayor Ferre: Alright, sir.
Mr. George Dubreuil: Ii I may be heard. On December 7th this passed
the Planning Board. This was a case where the property was zoned
C-2 and they down graded the property, then we came back and the plan
in the master planning when they down graded the property the Planning
staff recognized that they had made an error on this piece of property.
They then recommended back to the City Commission that it be put back
to it's original zoning what it was. The property at Wuv 32nd and
U.S. 1, we then had to go back through the procedures and on December
7, 1983 it passed unanimously in the Planning Board and we came back
on January 26th this City Commission passed it on first,we then came
back for second reading on February 28th. They postponed it to March
22nd. It was then changed March 22nd to the 29th. The property had
been sold to MacDonalds and MacDonalds plans on putting a new building
there. And that's why, if I may let Mr. Fagundez from MacDonalds
handle it.
Mr. Fagundez: Mr. Mayor, if I may beg your indulgence for a couple
of minutes. The situation that we have here before us essentially is
this. There is an existence today on the property an operating
restaurant it has never ceased to operate. It functions with a drive
through window.
Mayor Ferre: I think it's boarded up now.
Mr. Fagundez: Oh, ok, they closed it March loth. I'm sorry.
MacDonalds essentially could have gone into that building remodeled
it and continued its existence. What we requested was to improve the
facility, tear down the old structure and construct a new building.
Because of the change in zoning which created a problem with the
drive through we went back before the board today. The Planning
Board recognized that there was an inadvertent change in zoning. It
should probably not have occurred and we are collectively making an
attempt to correct the problem. I can understand this gentlemen saying
that he wants to postpone it. However, there seems to be no real
apparent reason for a postponement of this matter. All we are trying
to do is continue something that's already in place in a better and
safer fashion.
Mayor Ferre: Alright, let me understand. What is the reason why you
want this matter delayed one•more month?
Mr.George Dubreuil: Well, the reason that we need a delay is because
we are not prepared, you know, we are not prepared to answer any questions
or rebuttal anything and that's why I'm here to request that.
Mayor Ferre: Well, I just have a reluctance, you know, on... who are
you? 17
gl MAR 2 9 1984
Mr. David Morgan: Could you give us the courtesy of ---I guess not
postponing, but continuing it until this afternoon so that you could
just give us these few hours to.
Mayor Ferre: I have no problem with that. Now, we will continue this
item until this afternoon. What time?
UNIDENTIFIED SPEAKER: Will 5 o'clock be alright?
Mayor Ferre: Anybody have any objections to that?
UNIDENTIFIED SPEAKER: Yes, I. Your Honor, this thing since the end
of February we have went to the 22nd of March, now the 29th of March...
Mayor Ferre: Look, I'm going to tell you something. I was about
to rule to postpone it until 27th. Ok. Now, I will out of courtesy
to you not do that and will just continue until 5 o'clock this afternoon.
We will see you here at 5. I think we owe them that much courtesy.
UNIDENTIFIED SPEAKER: Thank you.
Mayor Ferre: I won't put it off until the 27th, but I will until
5 o'clock.
UNIDENTIFIED SPEAKER: No, this is a second reading and they don't
even know why they are objecting.
Mayor Ferre: It may be the second and third and the fifth. The man
has said that they want to have their people present. How are you
involved in this? Are you an attorney? Oh, ok. Alright, we will
see you here at 5 o'clock.
UNIDENTIFIED SPEAKER; Thank you.
---------------------------------------------------------------------
13. FIRST READING ORDINANCE: APPLY HC-1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO COLA -NIP BOTTLING CO.
LOCATED AT 227 N.W. 9th ST.
---------------------------------------------------------------------
Mayor Ferre: We are on Item #4. This is on first reading, William
Hutchinson, Planning Department's application. The Planning Department
recommended. The Heritage Conservation Board recommended five to one.
The Advisory Board recommended seven to zero. There were no objectors.
Why don't you tell us what this is very quickly. Go ahead.
Ms. Joyce Meyers: Mr. Mayor, the Cola -Nip Bottling Company is a
building with a great deal of historic significance within the Overtown
Community primarily because it is one of the few buildings left today
which was one many successful Black businesses that operated in the
early twenties. It is very good architecturally because of its detailing.
Mr. Mayor, the owner Mr. Hutchinson has approved at two prior public
meetings in support of this. I expected him to be here today, but he
r�,uldn't make it, but we ask you that you approve this item.
Mayor Ferre: Does anybody have any objections? Is there a motion?
Mr. Dawkins: Move.
Mayor Ferre: Alright. And into the record, so because Plummer is not
here the owner of the agrees---- and that's Mr. Hutchinson.
Ms. Meyers: Yes, he does.
Mayor Ferre: Alright, seconded by Carollo, further discussion, read
the ordinance. Call the roll.
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MAR 2 9 1984
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AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING ORDINANCE NO. 9500 THE
ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY APPLYING THE HC-1 GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO THE
"COLA -NIP BOTTLING COMPANY BUILDING", LOCATED
AT APPROXIMATELY 227 NORTHWEST 9TH STREET,
(MORE PARTICULARLY DESCRIBED HEREIN); MAKING
FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 23 OF THE ZONING ATLAS
MADE A PART OF SAID ORDINANCE NO. 9500, BY
REFERENCE AND DESCRIPTION IN ARTICLE 3,
SECTION 300, THEREOF; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Carollo and passed on its first reading by title by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
ABSTAINING: 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.
14. FIRST READING ORDINANCE: APPLY HC-1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO THE X-RAY CLINIC LOCATED AT
171 N.W. 11TH STREET.
------------------------------------------------------------ ---------
Mayor Ferre: Item 5 is the Black Archives History and Research
Foundation in South Florida. This is Heritage Conservation Overlay.
Would you explain what the is?
Ms. Joyce Meyers: The X-Ray Clinic is a very significant building
because of its association with Miami of South Florida's first Black
radiologist. The building is owned by the Black Archives is currently
being renovated under grants from Dade County and there is a
representative of the Black Archives here today.
Mayor Ferre: Alright, are there any objectors? Is there a motion?
Mr. Dawkins: Move it.
Mayor Ferre: Is there a second? Carollo seconds, further discussion.
The owners I assume are in favor of this? Read the ordinance. Alright,
call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500 THE
ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY APPLYING THE HC-1 GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO THE
"X-RAY CLINCI", LOCATED AT APPROXIMATELY 171
NORTHWEST•11TH STREET, (MORE PARTICULARLY
DESCRIBED HEREIN); MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO.
23 OF THE ZONING ATLAS MADE A PART OF SAID
ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION
IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Carollo and passed on its first reading by title by the following Vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
ABSTAINING: 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.
15. DEFERRAL OF CONSIDERATION OF A REQUEST FOR APPLICATION OF HC-1
GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE LYRIC
THEATRE LOCATED AT 819 N.W. 2ND AVENUE.
Mayor Ferre: Take up Item #6 which is a deferral of the Zoning Atlas
amendment. This is the Heritage Conservation. Would you tell us
what Item #6 is Please?
Ms. Joyce Meyers: The Lyric Theatre has been recommended for historic
designation. It was built in 1913 in Overtown and was said to be one
of the most beautiful and costly playhouses owned by Blacks at that
time. It still today retains much of its architectural details and is
one of the more interesting buildings in Overtown. The owners of the
building who are represented here today have asked for this deferral
and I will let them explain their reasons for that.
Mr. Marshall Harris: Good morning gentlemen, I'm Marshall Harris.
I represent the church that is the present owner of the Lyric Theatre
Bishop McCullin and his associates Reverend Suddon. We have asked
for a deferral. We had hoped to find a way to utilize the building
the rehab it and lease it. We are not finding that it is a•very
feasible of going unfortunately, but I am still working with the
church group to hope to find some other alternative so that the
building can be preserved so it can be upgraded and restored close to
back to its original condition and we are asking for a deferral
because your Planning Advisory Board doesn't have the power to defer.
They must recommend to you within forty-five days. I'm sure they
would have deferred had they had the power. This request is so that
they... we will have the extra ninety days to see what we can work
out.
Mr. Dawkins: Ok, Mr. Harris, in the ninety days if you do not get
a builder or if you do not... if you are not able to get the use
recommended, then the owners will tear it down or what?
Mr. Harris: No, the owners will not tear the building down. That
I can guarantee. What they will not do is consent to the designation,
but they will not tear it down. They will let it sit, unfortunately.
I have been trying to work with them.
Mr. Dawkins: Then we will tear it down. Then the City will condemn
it and tear it down.
Mr. Harris: No, I don't think anybody is going to tear this building
down, respectfully. • '
Mr. Dawkins: Why not?
Mr. Harris: Because the building
and history in this community.
20
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is worth too much to Black culture
MAR 2 9 1984
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Mr. Dawkins: I hear you, you see, but on this side of the Rapid Transit
old buildings are important. On the other side of the Rapid Transit
old buildings are useless and we tear them down and we put UP new
buildings. This is in the middle of the Overtown development. Ok.
Mr. Harris: Due respect, sir. You and I will be on the same side of
this one without any doubt. I doubt they are going to tear this building
down.
Mr. Dawkins: Ok. No problem.
Mayor Ferre: Alright, there has been a request that this item be
continued.
Mr. Dawkins: Move.
Mayor Ferre: It's been moved by Commissioner Dawkins, seconded by...
Mr. Garcia -Pedrosa: No, no, Mr. Mayor, the request is that you adopt
a resolution which provides for the continuance.
Mayor Ferre: I stand corrected. Alright, the resolution provides
for the continuance and that's the way that Commissioner Dawkins
means it. That's the way I'm going to vote for it. Seconded by
Carollo. Is there further discussion on Item 6? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 84-321
A RESOLUTION CONCURRING WITH THE PLANNING ADVISORY BOARD'S
DECISION TO DEFER ITS HEARING ON THE APPLICATION OF THE HC-1:
GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE
LYRIC THEATER LOCATED AT APPROXIMATELY 819 NORTHWEST 2ND
AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN),
FOR A PERIOD OF NINETY (90) DAYS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Carollo, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
16. DISCUSSION AND TEMPORARY DEFERRAL OF A PLANNING DEPARTMENT PLAN
FOR THE DESIGN PLAZA DISTRICT DEVELOPMENT PLAN(see later same meeting).
Mayor Ferre: We are now on Item #7 which is an area bounded by Northeast
36th and 38th Street and 39th and 42nd Street on the North and West of
the F.E.C. right-of-way Biscayne Boulevard on the East. This is approval
of the Miami Design Plaza District Development Plan in principle.
Mr. Dawkins: Move it.
Mayor Ferre: Is there.Any discussion or is anybody here who is an
opponent to the plan? You want to speak to it? yes, sir.
Mr. Marion Forsythe: Yes. My name is Marion Forsythe and I live on
45th Street which is an area just North of the area that this is
91 21 MAR 2 9 1984
proposed for. I beg your indulgence for a few moments. There is not
a lot that I know about the plan. I haven't studied the plan and I
haven't gone over the plan. However, I do know one thing. We are
in an area directly North of this, an area that was at one time what
we might call old Miami. This area is an area that has existing
houses that are single family dwellings though they are zoned for
two families. It's an area that also has boarding houses. It's
boarding houses from one end of the street to the other on some streets.
The cars lined both ways. I would ask that the Commission consider that
any Planning Department proposal for the area between 36th Street and
42nd Street also include a comprehensive development of the area between
36th Street and 49th Street. This plan could rid the area of crime that
unreported will can most of the occupants of the tenant houses and the
boarding houses are not legal aliens. So, therefore, they are not going
to report crime. If they have a color t.v. stolen, they are not going
to call the authorities. If they have furniture stolen they are not
going to call the authorities and I would ask that the counsel consider
putting this back to the Planning Department and that anything would
go with this.
Mayor Ferre: We will hear from the department.
Mr. Sergio Rodriguez: The Planning Department have been working on this
specific area that we have before you for about one and a half years.
The area that the gentleman refers to, we are working now with the
East Buena Vista Association and we will come back before you sometime
in the future with recommendations on how to improve that area.
Mayor Ferre: Does anybody else which to speak on this?
fir. Dawkins: He has something else to say Mr. Mayor.
Mayor Ferre: Ok, you want to say something? Go ahead.
Mr. Forsythe: They say that they are working on the same two areas
at the same time. When it was originally proposed several years ago
and there was a comprehensive plan done on the area. The area was I
_ under going to go to 49st. The whole area was going to go... there
were going to be some small artist shops in the neighborhood combined
with residential use. At this point here, you know, putting it off
putting it off does not make it. The area is going down. If it was
all together as it should be it would help the neighborhood and it
would also improve the... You know, people don't want to move to
Dania. People would like to come into Miami, but as long as there
are people that are having their purses snatched on Decorator's Row
it really doesn't look good for Decorator's Row as opposed to Dania.
Thank you.
Mayor Ferre: Alright. Yes, Ma'am.
Ms. Margarita Genova: For the record my name is Margarita Genova and
for the last four years I have been the Planner for the Edison/Little
River area apart of which is Buena Vista East. We have been working...
Buena Vista East is a residential community and the Design District
_ is a specialized wholesale district. We have been working with both
groups. The plan that we have before you today is a plan for the
Design District. There was a newly assigned planner to work with the
Buena Vista East Association. He is taking over some of my duties and
he is working on a special overlay zoning district which the residents
would like for the area which would help alleviate some of the problems
that the gentleman is talking about. And at present that planner who's
name is Reggie Bunker has been meeting with the Buena Vista East
Association to try to come to a solution to their problems.
Mr. Dawkins: As the gentlement said explain to me why we have separated
the area if we... I mean, no wait, first tell me if we started out with
- one unit.
Ms. Margarita Genova: No, never. There has always been two units.
The Design District which is a wholesale specialized district and the
residential community it's not the policy of the City and the Planning
Department to join wholesale districts with residential districts.
20 LIAR 2 9 1984
Mr. Gary: It's automatically separated.
Mr. Forsythe: The overlay originally showed, -if I may ask. The overlay
originally showed the area from 36th Streets to 49th Street. Is that
not correct? The overlay that you did in the area.
Ms. Genova: We are mixing apples and oranges here.
Mr. Dawkins: Well, let's unmix them.
Ms. Genova: There was an overlay which was approved by this Commission
about two years ago for the area between 36th Street and 42nd Street
which deals primarily with design showrooms. There was another overlay
which has never been presented to this Commission ---it's in the working
drawing now--- for the residential community between 42nd Street and
49th Street which would include a limited amount of commercial/retail
activity. They are completely distinct. There is two overlays between
36th Street and 49th Street. One is existing and one is...
Mr. Dawkins: Ok, let me ask you a question. If you had one overlay
and that's what was presented and then you did not present the second
overlay to the Commission how could the community know what we are doing?
Ms. Genova: Because it's two separate groups which had never been
together. It's two separate project. We have them all of the sudden
mixed together. We have the...
Mr. Forsythe: They are on the same map and the map was obtained from
the City of Miami.
Mayor Ferre: What do you want t- 3o? Either it is separate map;- or
it isn't separate maps.
Mr. Dawkins: Or it's not. ..._►iuh, that's all I need to know.
Mayor Ferre: I mean traditionally we kept these type of things separate.
Mr. Manager, is it separate or isn't it separate?
Mr. Gary: First of all it's separate, but I would like to just say
it's a violation of simple zoning principles, not to say that a
residential is npt different to commercial. I mean that's a fact of
life. I think what they are trying to do is to get the clout and may
be even the beginning of future zoning kinds of decisions of the
residential portion of that residential being associated with the
Commercial. But that's... you know, that's like saying, you know,
commercial and residential are the same thing. I mean, there is a
definite boundary. I think there may be some plans in the future of
people buying up property in the residential and possibly coming to the
City Commission for rezoning. That's not what we are talking about
right.
Mr. Dawkins: So, then if there are two plans, then we are on target
with both plans. That's what I'm trying to get to.
Mr. Rodriguez: The SPI-8 which is the overlay for the design plaza
is on page 16 of the Atlas Maps.
Mayor Ferre: Thank you, another discussion? Is there a motion on...
Mr. Gary: If I may Mr. Mayor, which I think is important. We have
done... We have been working with the design area and we have done a
lot of things in terms of crime beautifying the place and it's our
whole intent to make that design area something that we can be proud
of and the people would feel that we are giving them muncipal services
so they can remain in Miami. So, it's not intended to have any negative
impact to the design area.
Mr. Forsythe: Can I say one more thing?
Mayor Ferre: You sure can.
Mr. Forsythe: If you take ---and we do--- and the City of Miami does
as is happening right now. Houses that have survived every major
n,r�V2 MAR 91984
Mr. Forsythe: They are being filled... every room has a lock on it.
They are boarding houses. These can be... you know, if you say the
master plan is let's tear it all down and build new buildings.
Mayor Ferre: Look, have your say because we need to vote. We are
about to lose the third member for two minutes. So, is there anything
else you want to say.
= Mr. Forsythe: Just the point that it should be tied together, unless
you want to tear all the houses down in the neighbor.
Mayor Ferre: Alright, thank you. Yes, sir.
Mr. Jack Gordon: Mr. Mayor, may I speak in behalf?
Mayor Ferre: Yes, sir.
Mr. Gordon: My name is Jack Gordon, Chairman of Economic Development
for the Miami Design Plaza. Very quickly, I'm happy to be here in
day when the Miami Herald does a headline saying "Take another look
an exciting tropical metropolis on the move. The resolution before
you is part of that plan...
Mayor Ferre: I assume you are for it then.
Mr. Gordon: I'm for it.
Mayor Ferre: Thank you, very much Mr. Gordon. Is there anything else?
Is there a motion at this time? 7,Lny.W, .y want to make a motion on this?
You want to put it off? What do you want to do? Well, speak because
there is only three of us here and if somebody wants to put it off,
we may as well put it off.
Mr. Carollo: I think it would probably be best to put it off Mr. Mayor.
Mayor Ferre: Ok, this matter will be continued until this afternoon.
---------------------------------------------------------------------
17. ACCEPT PLAT: "T. M. ALEXANDER".
Mayor Ferre: We now on Item 8. Ok.
the Plat entitled "T. M. Alexander.
a motion?
Mr. Dawkins: Move it.
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Julius Darsky, Trustee. Accepting
Any problem with that? Is there
Mayor Ferre: Alright, further discussion on Item 8, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 84-322
A RESOLUTION ACCEPTING THE PLAT ENTITLED "T.M. ALEXANDER
SUBDIVISION", A SUBDIVISION IN THE CITY OF MIAMI, ACCEPTING
THE DEDICATIONS SHOWN ON SAID PLAT, AND AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE
PLAT, AND PROVIDING FOR THE RECORDATION OF SAID PLAT
IN THE PUBLIC RECORDS DADE COUNTY, FLORIDA.
MAR 2 9 1984
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Carollo, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
18. ACCEPT PLAT: "LITTLE RIVER BELL"
Mayor Ferre: Plat acceptance, Item #9.
Mr. Carollo: Move.
Mr. Dawkins: Second.
Mayor Ferre: Moved and seconded, further discussion, call the roll on
9.
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 84-323
A RESOLUTION ACCEPTING THE PLAT ENTITLED LITTLE RIVER BELL,
A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE
DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING
THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk) .
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Comissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer , Jr.
Vice -Mayor Demetrio Perez, Jr.
gl
25 MAR 2 91984
---...-.. r-----rr ------rr--------
tr
19, ACCEPT PLAT: "LEVIS ACRES".
-- - ----- ---- - ----- - --- -- -- --- --- --- --------------------------------
Mr. Carollo: Move 10. r
Mayor Ferre: Carollo moves 10. Now, it's been seconded, further
discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. B4-324
A RESOLUTION ACCEPTING THE PLAT ENTITLED "LEVI'S ACRE",
A SU$DIVISION IN THE CITY OF MIAMI, ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT, AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY CLERK TO EXECUTE THE PLAT, PROVIDING FOR THE RECORDATION
OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Peres, Jr.
-----------------------------------------------------------------------------
RECESS: 11:50 A.M. - BACK AT 2:15 P.M. Commissioner Joe Carollo Absent
Commissioner Demetrio Perez
-------------------------------------------------------------------
------------------- -------------------------------- ------
20. FORMALIZING RESOLUTION APPROVING AND CONFIRMING THE ACTION OF THE
CITY MANGER IN EXECUTIVE AGREEMENT WITH THE UNITED STATED FOOTBALL
LEAGUE FOR THE USE OF THE ORANGE BOWL STADIUM.
Mayor Ferre: Mr. Odio, since time is of a premium with all these
lawyers and people would you explain--- Mr. Manager, through you ---
would explain what you have arranged with the U.S.F.L. and where we
stand? Commissioner Plummer, you had a comment on it.
Mr. Odio: We have substantially the same agreement we had when we
first brought except for the change that was requested by the Commission
to incorporate the ten year contract if and when the Orange Bowl was
renovated and the wording was clarified on the gross, on the six percent
gross on the concession part of the agreement that it is six percent
of the gross.
Mayor Ferre: Alright, any questions?
Mr. Plummer: Mr. Mayor, let me call your attention to page 19, Item
25 as it relates to assignments. I have somewhat of an uncomfortable
feeling in as effect that we are dealing with the U.S.F.L. and not
the franchise holder who will be using the facility. We are in receipt
of a letter today from Mr. Donald Glaser. I am willing to vote on
this contract that this contract and as it stands will be binding on
the local franchise holder, that in fact as soon as that franchise
holder is chosen he would come in and sign this agreement as is as
binding on him. In effect what I'm saying is that we will not as
difficult as it presently to deal with the local franchise of professional
football, at least we deal direct. We don't have to go to New York
to deal back with a person in Miami and what I'm really saying is that
I think we should have that same rapport between the franchise holder
who will be using the stadiym and the
e City that that we don't have to
g 2 MAR 41 9 1984
E
have a middle man in between.
Mayor Ferre: is that worked out now?
Mr. Odio: I will have included the word change from "can" to "shall"
in the agreement.
Mr. Plummer: That's fine.
Mr. Odio: And have them initial it.
Mayor Ferre: Let the record reflect the legislative intent as
described by Commissioner Plummer. Is there further discussion on
this?
Mr. Plummer: Mr. Mayor, as amended I move it with great pleasure.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second as amended.
Mayor Ferre: Further discussion? Alright, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 84-325
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE ACTION
OF THE CITY MANAGER IN EXECUTING THE ATTACHED AGREEMENT WITH
THE UNITED STATES FOOTBALL LEAGUE FOR THE USE OF THE MIAMI
ORANGE BOWL MEMORIAL STADIUM IN ACCORDANCE WITH THE TERMS
AND CONDITIONS SET FORTH THEREIN.
(Here follows body of resolution, omitted here and on file
in the office of the City Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Demetrio Perez, Jr.
21. DIRECT THE CITY MANAGER AND CITY ATTORNEY TO PREPARE THE
NECESSARY LEGISLATION FOR A BOND ISSUE CONSIDERING SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT BONDS AND PARK AND
RECREATIONAL FACILITIES BY THE END OF TODAY•S MEETING.
Mayor Ferre: Mr. Plummer, on the issue of the two bonds issues that
I think we are all painfully aware should have passed and didn't
pass. I would like to pass the gavel to you and make a motion that
this Commission as a matter of record go on record and ask the Manager
to come back with a properly worded--- is it a resolution or an
ordinance that's required--- to put this matter back on the ballot in
September except that in discussion with Herb Bailey, I think we ought
to really be forthright and honest on the amount that is really needed
and I think the amount should be twenty million dollars which is what
Mr. Bailey said he reluctantly in trying to be conservative did not
put it on the amount that it deserves to have. So, I move that it
be a twenty million dollar bond issue and that we put nothing else on
the September ballot other than that and I so move.
gl
27 M A R 4 9 t�-Q4
e
Mr. Plummer: Mr. Mayor, I would suggest you wait for another vote.
I can't vote for that. I can vote for it if you couple it with parks.
I had no remorse about the Orange Bowl. I thought what happened would
happen, but at least we gave the opportunity to the public. y`
Mayor Ferre: If you put parks in it J. L., what you are doing is
you are giving people an excuse. In the first place I think as we
just saw on Amendment 111" of the Constitution you cannot put different
type of items. One is a park issue and the other is a revitalization
of an important segment of the community. I think... I don't think
there is a legal way as I understand it to put both of them together
because there...
Mr. Plummer: No, excuse me, I'm not saying put them together. I'm
making them two separate issues, but I want them both on the ballot.
Mayor Ferre: But not on September J. L., because what's going to
happen is you give people choices and then what they are going to
do in my opinion is they are going to vote for parks and against
Overtown. Now, if... you know , I will certainly go along with
whatever the majority wants to do. My political sense of this is
that I would like to go with one issue and that is Overtown in
September and then go with the parks in October.
Mr. Plummer: Well, let me ask this question. Mr. City Attorney,
inspite of everything we did and the court taking off 'the ballot the
amendment relating to the upgrading of the Charter and with all of
that it still passed, doesn't that have to go back on to the ballot?
Mayor Ferre: Yes, but let's do that in November. Let's not confuse
the voters. Let's go one thing at a time.
Mr. Dawkins: Mr. Mayor, I agree with what you are saying, but I say
put them to the test totally. If we are going to test them, as you
say with park west let's test them with the parks too. You know,
either they are going to fish or cut bait.
Mayor Ferre: You know what's going to happen, one is going to pass
and the other is going fail.
Mr. Plummer: Well, Maurice, you know, so be it. If that's the way
the public feels then I think we ought to put all three...
Mayor Ferre: I got no problems with that. Ok. Howard if you have
a different feeling you better speak up now or...
Mr. Plummer: I think we need to put all three on the ballot in
September or October or November, I have no problem.
Mayor Ferre: No, no, I will tell you I will go along with the bond
issues, but I think the Charter review... I will not vote to put
that on September because all we are going to do is confuse people
and they are going to end up turning down this thing and then we have
got another... please don't confuse it. If you want to go with parks
I reluctantly will go along with that, but don't put the Charter
changes in September, do that in October or November.
Mr. Plummer: Ok. I have the gavel and a motion is made that the
City Manager prepare the necessary resolutions and other work to put
the ballot in September election for parks and for Overtown...
Mayor Ferre: Overtown to be 20 million dollars, parks to be thirty-
five million dollars.
Mr. Dawkins: How much for the parks?
Mr. Plummer: Thirty-five.
Mayor Ferre: Thirty-five.
Mr. Dawkins: Oh, you guys are going to get your fifty-five million
anyway even though it's not for the Orange Bowl, huh?
91 28 MAR 29 1984
i Mayor Ferre: Is this.. the motion that I'm making is, Mr. City
Attorney, so that we don't get confused on the legal of this. This
is a motion for doing this. In other words this isn't instructing
the Manager to bring it back for us to vote on it again. If we vote
now we are voting to put it... I mean we are voting to put it on.
Mr. Garcia -Pedrosa: Yes, but we don't have the resolution Mr. Mayor
and as I understood your motion we were asking the Manager to prepare
those.
Mayor Ferre: No, sir. I will tell you what, I guess you are right.
I move that the City Attorney and the City Manager by the end of the
day bring back for a vote a specific resolution so that this Commission
can go on record requesting these two items to be put on a positive
basis on the ballot in the first election in September so as to...
so that the people will have the opportunity to vote twenty million
dollars for Overtown and thirty-five million dollars for parks as
previously described. And that's the motion.
Mr. Dawkins: I second.
Mr. Plummer: Call the roll.
The following motion was introduced by Commissioner Ferre, who
moved its adoption:
MOTION NO. 84-326
A MOTION OF THE CITY COMMISSION GOING ON RECORD AND
DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO
PREPARE THE NECESSARY LEGISLATIION TO PLACE A
$20,000,000 SOUTHEAST OVERTOWN BOND ISSUE AND A
$35,000,000 PARKS BOND ISSUE ON THE SEPTEMBER 4, 1984
BALLOT; FURTHER DIRECTING THAT THIS LEGISLATION BE
PRESENTED TO THE CITY COMMISSION BY THE END OF TODAY'S
MEETING.
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.
22. AUTHORIZING CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED
$2,000 AS CONTRIBUTION TO EVENT KNOWN AS "THE GALA SENIOR CITIZENS
DAY", A COCONUT GROVE EVENT FOR SENIOR CITIZENS.
----------------------------------------------------------------------
Mr. Dawkins: Mr. Mayor, I got one item. Mrs. Armbruster and those
have been down here and we sit up here and parcel out to senior citizens
and the Coconut Grove Seniors need two thousand dollars and they are
being given everything but two thousands and I would like move that...
Mayor Ferre: Two thousand for what?
Mr. Dawkins: Tell him what you need the two thousand for please Ma'am.
Mayor Ferre: Just for the record.
Ms. Esther Mae Armbruster: My name is Esther Mae Armbruster. I
live at 3350 Charles Avenue, Coconut Grove. My telephone number is
445-2126. I am the Secretary of the Coconut Grove Senior Citizens
and we are sponsored by the City of Miami and this is the first time
gl 29 MAR 21" 9 1984
J
that we have asked you for anything.
Mr. Plummer: Well, what's it for?
Ms. Armbruster: Ok, we are having a gala day in May. On the 17th
of May we are having a "Gala Senior Citizen Day". At that time we
invited four to five hundred people to come out and display their
ceramics, all articles and fashion shows and dancing at Virrick Park.
And we are there from 10:30 in the morning until 3:30 in the afternoon.
This year we need some money.
Mr. Dawkins: You need it for what? What are you going to spend it
for?
Ms. Armbruster: We need it for food and we need it for the calypso
band and we need it for the plaques and the ribbons. We were told
that the City...
Mayor Ferre: Are is there a second to the motion?
Mr. Plummer: I second the motion.
Mayor Ferre: It's been moved by Dawkins, seconded by Plummer, further
discussion on the motion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who
moved its adoption:
MOTION NO. 84-327
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE AN AMOUNT NOT TO EXCEED $2,000 AS A CONTRIBUTION
TO AN EVENT KNOWN AS "THE GALA SENIOR CITIZENS DAY" -
ART, CERAMICS AND DANCING EVENT TO BE HELD IN COCONUT
GROVE PURSUANT TO REQUEST MADE BY ESTHER MAE ARMBRUSTER.
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.
NOTE FOR THE RECORD: A REQUEST FOR FUNDING FOR THE MARTIAL ARTS CONGRESS
ORGANIZATION WAS DISCUSSED AND TEMPORARILY DEFERRED TO THE AFTERNNOON.
---------------------------------------------------------------------
23. CONTINUED DISCUSSION OF A METHOD OF SELECTING TOWING COMPANIES TO
OPERATE IN DOWNTOWN MIAMI.
--------------------------------------------------------------------
Mr. Plummer: Mr, Mayor, first let me apologize to anyone that I
inconvenienced by my absence this morning. It was mandatory that I
had to be absent and I have updated my agenda. The only thing I would
like at sometime during the day at the Commission's convenience is to
revisit Item 16. Item 16 in reference to the towing.
Mayor Ferre: No. What we passed is we passed the resolution authorizing
the Manager to go out...
Mr. Plummer: The question that I had Mr. Mayor, is in reference... it
is my understanding that .towing in the Downtown is being done by the
Off -Street Parking Authority.
Mr. Jack Eads: Towing in Downtown is being done by both Off -Street
Parking and the City of Miami Police Department.
ru
gl 30 MAR 2 91994
f
e
Mr. Plummers So, in other words what it is that you are asking us,to
do here is in relation to that which we are doing?
Mr. Bads: Yes, air.
Mr. Plummer: Thank you, I have no further questions on 16.
24. INSTRUCT CITY ATTORNEY TO ENGAGE THE SERVICES OF PETER HURTGEN,
ESQ. IN CONNECTION WITH A LAWSUIT FILED BY FORMER CHIEF OF POLICE
KENNETH HARMS.
Mayor Ferre: Oh, here is one. A resolution instructing the Attorney
to engage the services of Peter Hurtgen, Esq. of the firm of Morgan
Lewis and Bockius, as special counsel, at an hourly rate of a hundred
twenty-five dollars, regarding a lawsuit filed by Kenneth I. Harms,
former Chief of Police, agains the City of Miami in the United States
District Court.
Mr. Dawkins: Move it.
Mayor Ferre: Alright, moved by Dawkins.
Mr. Plummer: I second it, of course.
Mayor Ferre: Seconded by Plummer, further discussion, call the roll.
The following resolution was introduced by Commissioner Dawkins, who moved
its adoption:
RESOLUTION NO. 84-328
_ A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO ENGAGE THE
SERVICES OF PETER HURTGEN, ESQ. OF THE FIRM OF MORGAN,
LEWIS & BOCKIUS, AS SPECIAL COUNSEL, AT AN HOURLY RATE OF
$125, REGARDING A LAWSUIT FILED BY KENNETH I. HARMS, FORMER
CHIEF OF POLICE, AGAINST THE CITY OF MIAMI IN THE UNITED
• STATES DISTRICT COURT, WITH FUNDS THEREFOR ALLOCATED FROM
• BUDGETED FUNDS OF THE POLICE DEPARTMENT; FURTHER AUTHORIZING
EXPENDITURES FOR NECESSARY COSeS AND EXPENSES IN CONNECTION
WITH THE DEFENSE OF SAID LAWSUIT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Demetrio Peres, Jr.
q1
31 hipR 2 9 1984
M
-------- ---- _-----....-
25. DIRECT CITY MANAGER TO ALLOCATE WHATEVER AMOUNT IS REQUIRED TO
FACILITATE THE HIRING OF INDIVIDUAL OUTSIDE COUNSEL FOR EACH
OF THE THREE NAMED CITY COMMISSION MEMBERS IN REGARAD TG LAWSUIT
FILED BY FORMER POLICE CHIEF IMNNETH HARMS.
Mr. Plummer: Mr. City Attorney, I'm assuming this is the lawsuit
that was filed by the ex -Police Chief. I am yet other than to read
in the newspaper, I have not been served with any papers. I
know nothing about it other than what I read in the paper and you
know, I voted for this motion. I'm assuming this man would not be
hired unless we are served with some papers.
Mayor Ferre: No, no, the City has been served and that's the
proceeding and he is representing the City .
Mr. Plummer: Who has been served?
Mayor Ferre: The City has.
Mr. Garcia -Pedrosa: The City has been served Commissioner Plummer and
this hiring is to represent the City of Miami which is a named defendant.
Mayor Ferre: He is not going to represent us.
Mr. Plummer: Alright, now the question that I want to ask. I, as
an individual I understand have the right at City expense to engage
private counsel. Is that correct?
Mr. Gary: That's been the policy.
Mr. Plummer: Alright, now what procedure do I follow?
Mayor Ferre: Make your motion who you want to represent... Well,
first of all you haven't been served. So, how can you have a City
Attorney?
Mr. Plummer: Yes, but I have already had counsel. Mr. Mayor...
Mayor Ferre: Alright, make your motion.
Mr. Plummer: I make a motion that the three named individual Commissioners
be granted the right to engage private counsel...
Mr. Gary: And the Manager.
Mr. Plummer: No, not the Manager, to hell with you, you caused the
problem. That the three named individuals and the Manager be entitled
to hire outside counsel.
Mr. Dawkins: Second.
Mayor Ferre: Alright, ready to vote?
Mr. Plummer: Yes, sir.
Mayor Ferre: Call the roll.
ql
a
MAR 2 9 08Q
0
The following motion was introduced by Commissioner PlUMer, who
moved its adoption:
MOTION NO. 64-329
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO ALLOCATE WHATEVER AHIOUNT IS REQUIRED IN ORDER TO
FACILITATE THE HIRING OF INDIVIDUAL OUTSIDE COUNSEL
FOR EACH OF THE THREr, NAMED INDIVIDUAL MEMBERS OF THE
CITY COMMISSION AND FOR THE CITY MANAGER, AS
SPECIFICALLY NAMED IN A LAWSUIT FILED BY FORMER CHIEF
OF POLICE KENNETH HARMS.
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.
26. RESOLUTION ESTABLISHING A 9 MEMBER SELECT/ADVISORY COMMITTEE TO
CONDUCT REVIEW OF APPLICATIONS FOR THE POSITION OF CITY ATTORNEY.
----------------------------------------------------------------------
Mayor Ferre: Alright, this morning we talked about the question
beginning the process of appointing a Legal Committee. Commissioner
Carollo said that he wanted the opportunity to add one or more
Hispanics to the Committee and that's something that we can discuss
in the future. I think Commissioner Perez may want to be a participant
in that. In the meantime, I would like to move a resolution
establishing a nine -member select advisory committee to conduct a
review of applications for the position of City Attorney including
personal interviews of the applicants; appointing individuals to said
Committee and designating the Chairperson thereof; further requesting
said Committee to: (A) Follow certain criteria in its consideration;
(B) Report to the City Commission before April 15, 1964, the format
it will use in making its recommendations; and (C) Recommend no less
than three and no more than five applicants for said position, and
(D) Conclude its proceedings, if possible, before May 15,.1984. The
following additions have been made; The wording, the Committee shall
establish its own rules; however, the Committee is requested to
consider as a minimum, the following criteria and qualifications.
I'm sorry that isn't it. Where is the Change that Plummer had
recommended?
Mr. Garcia -Pedrosa: I think there was a suggestion that some of the
ex -official members be permitted to designate someone to serve in
their stead.
Mayor Ferre: Oh, I see. Ok. In other words that was Miller Dawkins's
thing. Are you ok on the wording?
Mr. Plummer: Mr. Mayor, I haven't read the thing, but the only
working that I want in there and I can incorporate on the record
is that this Commission is -not bound by the recommendations of the
Committee.
Mayor Ferre: This Commission is never bound by anything but the
Charter and the regulations that we adopt. Let the record reflect
also that Commissioner Dawkins wanted to change... make the following
changes; that rather than naming the Presidents of the respective
Bar and Legal Societies,... there are four, the Dade Bar, the Black
Lawyers Association and Cuban Lawyers Association and the Women Lawyers
gl 33
MAR 2 91984
Association, that they would designate their representative so that
it could be the President or it could not be the President depending
as to what they wanted to do. With those amendments I.,.Who has moved?
Can I move it.
Mr. Plummer: You move it.
Mayor Ferre: Plummer moves, Dawkins seconds, further discussion ?
Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 84-330
A RESOLUTION ESTABLISHING A NINE -MEMBER SELECT ADVISORY
COMMITTEE TO CONDUCT A REVIEW OF APPLICATIONS FOR THE POSITION
OF CITY ATTORNEY INCLUDING PERSONAL INTERVIEWS OF THE APPLICANTS;
APPOINTING INDIVIDUALS TO SAID COMMITTEE AND DESIGNATING THE
CHAIRPERSON THEREOF; FURTHER REQUESTING SAID COMMITTEE TO: (A)
FOLLOW CERTAIN CRITERIA IN ITS CONSIDERATION: (B) REPORT TO THE
CITY COMMISSION BEFORE APRIL 15, 1984, THE FORMAT IT WILL USE
IN MAKING ITS RECOMMENDATIONS; (C) RECOMMEND NO LESS THAN THREE
AND NO MORE THAN FIVE APPLICANTS FOR SAID POSITION, AND (D)
CONCLUDE ITS PROCESS, IF POSSIBLE, BEFORE MAY 15, 1984.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Demetrio Perez, Jr.
Mayor Ferre: And let the recood stipulate.that we will also discuss
later on Commissioner Carollo and if Perez has a•request'to-add more
Hispanics and that something we will have to vote upon separately.
27. BRIEF DISCUSSION ITEM CONCERNING MARTIN LUTHER KING FUNDING.
Mayor Ferre: Now, do we have anything else?
Mr. Dawkins: Yes. Mr. Mason would you come down? Mr. Gary, the
M. L. K. is having a problem. Their funds are tied up, they can't
operate. What are you going to do about that?
Mr. Gary: Commissioner Dawkins, I'm under the impression at least
for the first payment that was in question as a result of the change
in the Board of Directors, that they got that check and we are now
reviewing the legality of the legal issues that were raised with
regard to the changing of the Board and the City's liability or
responsibilities under that. Let me just check with... I tell you
what, I would like for you to bring this back up probably in about
fifteen minutes. Let me check with staff in terms of what the status
of that legal opinion is.
Mr. Dawkins: No, that's not necessary
Mr. Gary. Let Mr. Mason sit
back there, when you find out let him come up there and you tell him.
We don't have to bring it back up here. Ok. Alright. Mr. Gary,
will get with you, Mr. Mason.
91
34
M,0291984
-- - -- --- - - ---- --- - -- - - - - - --s=
28. DIRECT CITY MANAGER TO MAKE ARRANGEMENTS*TO FACILITATE THE
EXPANSION OF THE TOTAL OFFICE SPACE FOR ALL MEMBERS OF THE
CITY COMMISSION.
Mr. Plummer: I make a motion that the City Manager be instructed to
immediately implement the expansion of Commissioner Dawkins's Office
as he has done for other Commissioners.
Mr. Dawkins: Second.
Mr. Plummer: Would you call the roll?
Mayor Ferre: What was the motion? Who are we voting to do what?
Mr. Ongie: To expand Commissioner Dawkins's Office.
Mayor Ferre: Alright, would you also include Commissioner Ferre's
Office in that one.
Mr. Plummer: No, no, no.
Mr. Dawkins: Hold it, hold it. I'm going to switch office space
with him, then as they enlarge mine...
gl
U,
Mayor Ferre: I will tell you what - all you need to do is, next
November.....
Mr. Plummer: Don't accept the amendment! Call the roll!
Mayor Ferre: Go ahead.
(NOTE: AT THIS POINT, City Clerk starts roll call)
Mr. Carollo: What are we voting upon, Plummer?
Mr. Plummer: Expanding Dawkins' office like he has for some of the
others.
Mr. Carollo: Only if that could be included for all the members of
the Commission.
Mayor Ferre: That's what I saidl
Mr. Plummer: That is next.
Mr. Carollo: All the members of the Commission.
Mr. Dawkins: I have no problems with that.
Mr. Plummer: Oh, I have no problem with that. I accept that amend-
ment.
Mr. Dawkins: Will you take that amendment?
Mayor Ferre: All members of the Commission.
Mr. Plummer: Not the Mayorl
Mr. Carollo: I will make a motion, a substitute motion...
Mayor Ferre: As I remember, I serve on this Commission too. I
invoke the five day rule.
Mr. Plummer: You what!! (LAUGHTER) Did we get a passing vote on
that?
Mayor Ferre: You don't need a passing vote. Mr. City Attorney, when
a motion is made that regards all members of the Commission, under
the Charter the Charter includes the Mayor as a member of the Commis-
sion, and so therefore unless you tell me otherwise, I am voting "yes"
on this one.
Mr. Garcia -Pedrosa: I think you can vote on this one, Mr. Mayor.
Mayor Ferre: Further discussion? Continue to call the roll as amended
by Commissioner Carollo.
J0
Id MAR 2 9 1984
s
_ h R
The following motion was introduced by Commissioner Plummer, 'Who
moved its adoption.
MOTION NO. 84-331
x
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO 7-
MAKE ARRANGEMENTS TO FACILITATE THE EXPANSION OF THE
TOTAL OFFICE SPACE FOR ALL MEMBERS OF THE CITY
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.
29. PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS.
Proclamation:
Plaque:
Commendations:
Recognition:
Declaring Leonard Abess, Sr. Day, for his
untiring efforts on behalf of this community.
To Fire Chief Herman W. Brice, upon his retire-
ment from the City of Miami after more than 30
years of service.
To Horacio S. Garcia and Pedro Menendez, for
their humanitarian work on behalf of the
refugees of this community, and their involve-
ment in many civic programs.
Presentation to Commission by Mrs. Elizabeth
Virrick of championship winners in Golden Gloves
tryouts.
30. AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT SUFFICIENT TO
REDUCE THE RENTAL FEE OF COCONUT GROVE EXHIBITION HALL BY
$2,000 PER MONTH FOR ELEVEN MONTHS IN CONNECTION WITH ANTIQUE
SHOW: THE PROCEEDS OF WHICH WILL GO TO COCONUT GROVE CARES, INC.
----------------------------------------------------------------------
Mrs. Elizabeth Virrick: I spoke to the Mayor about our Antique Show
which we have one weekend every month during the year, except one
month. It is the way we have...we haven't the money to defray the
expenses of our various programs.
Mayor Ferre: How much is it?
Mrs. Virrick: How much is it - the Antique...?
Mayor Ferre: Yes, how much is it you want and how much did you want
it reduccd?
Mrs. Virrick: We want the rental for the auditorium to be reduced
$2,000, and that will...
Mayor Ferre: Is that a one time...?
ld
37
MAR 2 9 1984
It,
U
Mrs. Virrick: No, each month, for the whole year.
Mayor Ferre: How many times do you have it?
Mrs. Virrick: Eleven times a year.
Mr. Plummer: Being has how Mr. Gary recommends it, I move it.
Mayor Ferre: I'll second it. Call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption.
MOTION NO. 84-332
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO ALLOCATE AN AMOUNT SUFFICIENT TO REDUCE THE RENTAL
FEE FOR THE USE OF THE COCONUT GROVE EXHIBITION HALL
BY $2,000 EACH MONTH, FOR A TOTAL OF ELEVEN MONTHS,
PURSUANT TO REQUEST MADE BY PROMOTERS OF THE AN`rIQUE
SHOW WHICH PROCEEDS ARE USED TO PARTIALLY DEFRAY THE
EXPENSES OF THE BOXING PROGRAM OPERATED BY COCONUT
GROVES CARES, INC.
Upon being seconded by Mayor Ferre, the motion was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Demetrio Perez, Jr.
31. AUTHORIZE CITY MANAGER TO ALLOCATE $5,490 TO MIAMI MARTIAL ARTS
CONGRESS FOR TRANSPORTATION OF KARATE STUDENTS TO CARACAS,
VENEZUELA.
Mr. Carollo: I'd like to make the motion now to award $5,490 to the
Miami Martial Arts Congress. There is a group of 30 young Miamians
that will be going to Venezuela to compete in an International Karate
Tournament. They will be representing the City of Miami and the United
States.
Mayor Ferre: Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who
moved its adoption.
MOTION NO. 84-333
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO ALLOCATE AN.AMOUNT NOT TO EXCEED $5,490 AS A
CONTRIBUTION TO THE MIAMI MARTIAL ARTS CONGRESS, IN
ORDER TO FACILITATE THE TRANSPORTATION OF KARATE
STUDENTS TO CARACAS, VENEZUELA, AS OFFICIAL REPRESEN-
TATION OF THEE CITY OF MIAMI IN AN INTERNATIONPL KARATE
TOURNAMENT.
Upon being seconded by Commissioner Plummer, the motion was
passed and adopted by the following vote:
38 LIAR 2 9 1984
AYES: Commissioner Miller J. Dawkins
i
j' Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None ,
ABSENT:. Vice -Mayor Demetrio Perez, Jr.
--------------- --- - ------------ ---------- ---------------
32. COMMEND CHIEF OF POLICE, FIRE DEPARTMENT, CITY ADMINISTRATION AND
STAFF FOR THEIR ACTION IN REGARDS TO RECENT CIVIL DISTURBANCES.
-- -- --- - -------------- +-------------- -�'--------------------------- -- --
Mr. Plummer: Mr. Mayor, it is my understanding that no one this
morning (and I am not trying to steal anybody's thunder) but Mr.
Mayor, I think something needs to go on the minutes of this meeting,
officially of this Commission, and that is to commend Chief Herb
Breslow and the members of the Miami Police Department, the Administra-
tion headed by Mr. Gary for what I think this entire town owes a "thank
you" for doing a job that unfortunately, was necessary. They did it
in a very professional, they did it in a very efficient manner, and
I think that we the people of this community need to say to them that
we are proud of the job and proud of you, and I think that it would
be a mistake if we did not put that officially on the minutes of this
Commission meeting.
Mr. Carollo: I second the motion.
Mayor Ferre: All right, further discussion? I think you spoke for
all of us in the whole City, J. L., and it certainly was an exemplary
job. Call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption.
MOTION NO. 84-334
A MOTION OFFICIALLY COMMENDING AND CONGRATULATING
POLICE CHIEF HERBERT BRESLOW, THE-FTMERS-OF THE
MIAMI POLICE DEPARTMENT, MEMBERS OF THE FIRE DE-
PARTMENT, THE CITY MANAGER AND HIS ADMINISTRATIVE
STAFF FOR A JOB WELL DONE DURING THE RECENT
DISTURBANCES.
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: Vice -Mayor Demetrio Perez, Jr.
ld
39
MAR 2 91984
33. EXPRESSING HEARTFELT THANKS TO MARTIN FINE, ARTHUR ENGLAND,
STUART SIMON AND OTHERS IN REGARDS TO THE REMOVAL OF
PROPOSITION #1 FROM THE NOVEMBER BALLOT.
Mayor Ferre: I'd like to make a motion now, if I may, with regards
to the recent ruling of the Supreme Court of Florida. As you know,
we were under the threat of something called Amendment #1, which in
my opinion, I think personally, will be back in another form, but
the way it was written, it did many, many things all at once, and
it would have been, for the State of Florida, and especially for
the educational system, of Florida, a devastating blow. Whether
one agrees with the Proposition #1, or one is opposed to Proposition
#1, certainly I think we must once again recognize the tremendous
public spirit of Mr. Martin Fine, who is the petitioner in this
lawsuit. I would like to make a motion of gratitude and commendation
to Martin Fine, Esquire, and also to former Supreme Court Judge
Arthur England, and former County Attorney Stuart Simon and their
other colleagues who spent untold hours and thousands and thousands
of dollars of pro bono time in arguing this matter before the Supreme
Court of Florida sussessfully. I think the State of Florida, and
certainly the City of Miami owes all of these people of debt of grati-
tude for having expended of their time to protect the public interest
as they saw it, and I so move.
Mr. Plummer: Second the motion, or somebody else second it.
Mr. Carollo: I am not seconding the motion, I would just like the
Mayor, if he would (I am sorry, I had to step out for a second)
repeat the names of the people that..
Mayor Ferre: Mar*in Fine, Arthur England, Stuart Simon and there
were others, but I don't remember.
Mr. Plummer: There was one in his office that did the primary
work.
Mayor Ferre: There were a lot of attorneys involved in this.
Mr. Plummer: Is there a second to the motion?
Mr. Dawkins: Second.
Mr. Plummer: Second by Commissioner Dawkins. Is there further
discussion? Hearing none, call the roll.
The following motion was introduced by Mayor Ferre, who
moved its adoption.
MOTION NO. 84-335
A MOTION EXPRESSING THE GRATITUDE AND HEARTFELT
THANKS OF THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA, TO MESSRS. MARTIN FINE, ARTHUR
ENGLAND AND STUART SIMON IN RECOGNITION OF THEIR
VERY SUCCESSFUL EFFORTS DONE PRO BONO IN ARGUING
SUCCESSFULLY BEFORE THE FLORIDA SUPREbM COURT
WHICH RESULTED IN THE REMOVAL OF PROPOSITION
NO. 1 FROM THE STATE BALLOT.
Upon being seconded,by Commissioner Dawkins, the motion was
passed and adopted by the following vote:
1
ld 40 s 198
MAR 2 4
AYESt Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice -Mayor Demetrio Perez, Jr.
ON ROLL CALL:
Mr. Carollo: I might not totally agree with the intention of
Amendment #1, as some might see it. I think that the principles of
Mr. Fine and some of the other attorneys involved were honorable.
I might not agree with them wholeheartedly, but based upon a good
effort and job they did, and what they believe was right, I vote
is
Mayor Ferre: Oh, in the commendation, I wanted to add one thing if
I could, with everybody's concurrence, and that is to point out that
in the case of Martin Fine vs. George Firestone in the case of Amend-
ment #1, Case No. 64-739, that it was the unanimous decision of the
Supreme Court of the State of Florida.
34. AUTHORIZE CITY MANAGER TO IMMEDIATELY SEEK BIDS FOR PURCHASE OF
LARGE PRISONER TRANSPORT VEHICLES & BULLET PROOF VESTS FOR MEMBERS
OF THE CITY OF MIAMI FIRE DEPARTMENT.
----------------------------------------------------------------------
Mr. Plummer: Mr. Mayor, may I make one other comment along the lines.
Mr. Gary, I discussed this with you, and I would like to make a motion.
Mr. Mayor, the only unfortunate episide that took place, we took some
heat on nationwide T.V. that I need to correct, and that is to instruct
the Manager to immediately seek bids for a prisoner trnasport to elimi-
nate that which was used and second of all, I would like to make a
motion that the same emoluments that we give the Police Department be ex-
tended to the Fire Department as it relates to bullet proof vests.
We pay whatever it is we pay. Members of the Rescue Squad, some of
them were a little upset, that they had to be out there and not have
adequate protection, and I understand that we don't have that, and it
shoud be extended. I woiuld make a motion that those two matters be
immediately addressed.
Mayor Ferre: Is therc a second?
Mr. Carollo: On the second matter with the bullet proof vests, you
have my whole hearted support. On the first matter, what are the
vehicles that we use presently to transport prisoners? Paddy Wagon?
Mayor Ferre: No, no, unfortunately, it is horse van.
Mr. Plummer: Horse van.
Mayor Ferre: That was the problem. It was a regular horse van.
Mr. Plummer: I think it was referred to on nationwide T.V. as a
cattle car.
Mr. Dawkins: It was thefsame one that was used in 1980 and nobody
complained.
Mayor Ferre: Is that right?
Mr. Dawkins: That is right. It was the same one in 1980 and no-
body complained. That was the same van that we used.
41
ld
MAR 2 % 1984
Mr. Gary: We still have Paddy Wagons - they are just so small, you
know - we have mass arrests. He talking about a mass arrest vehicle.
Mr. Carollo: How many people can we put in an average Paddy Wagon.
Mr. Plummer: Six.
Mr. Carollo: Six?
Mayor Ferre: See, what we did, Joe, we were able to get the I.N.S.
bus transportation. It is just a regular...it is like a school bus,
but it has bars.
Mr. Carollo: Yes, I go along with that.
Mayor Ferre: All right, are you seconding the motion?
Mr. Carollo: Second the motion.
Mayor Ferre: Further discussion. All right, call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption.
MOTION NO. 84-336
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER =_
TO IMMEDIATELY SEEK BIDS FOR THE PURCHASE OF A LARGE
PRISIONER TRANSPORT VEHICLE FOR THE POLICE DEPARTMENT
AND ALSO TO IMMEDIATELY SEEK BIDS FOR THE PURCHASE
OF BULLET PROOF VESTS TO BE FURNISHED TO THE MEMBERS
OF THE MIAMI FIRE DEPARTMENT, THE SAME AS PRESENTLY
USED BY THE POLICE DEPARTMENT.
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: Vice -Mayor Demetrio Perez, Jr.
ld
35. DIRECT CITY CLERK TO SEND LETTER TO STATE ATTORNEY REGARDING
STATUS OF INVESTIGATION IN CONNECTION WITH ALLEGED MISUSE OF
FUNDS AND EQUIPMENT IN PROGRAM OPERATED BY MR. LES BROWN.
Mr. Carollo: I have one additional item, Mr. Mayor. On March 23rd
of this month, the City Manager, even though I don't believe it was
signed by him, I think it was approved by him, based upon an audit
the City of Miami did of the program that Mr. Les Brown was running -
sent Mr. Brown a letter requesting that the group that he formed
return some approximately $29,000 in City funds to the City of Miami
within five days of March 23rd and there was approximately $3,000
in equipment that was also supposed to be returned. If the equipment
was not returned, then the cash value of the equipment, what was spent
on it, had to be reimbursed. Seven days was given for the return of
the equipment. If not, they would have to reimburse the City for the
cash value of the equipment, so we are looking at some approximately
$32,000 out of the $100,000 grant the City of Miami gave to Mr Brown
for his program that was supposed to help Black youths in Liberty
City and Overtown. Now, I would like to find out from the City Manager,
or the City Attorney if we have received any of those monies from Mr.
Brown, or the programs, should I say, that he is running.
Mayor Ferre: All right. Mr. Manager, do you want to answer, or the
City Attorney?
Mr. Gary: First of all, you are correct. We sent him a demand letter
for the money and the equipment. He has agreed to turn in the equipment
tomorrow and we have not received any money to date. The way I under-
stand it in terms of talking to the lawyers and Mr. Garcia-Pedrosa's
response, is that if he does not turn it in by that time, that civil
action will be taken against Mr. Brown.
Mr. Carollo: My question is the following - the letter was sent out
on the 23rd,.am I correct?
Mr. Gary: Correct, about that time.
Mr. Carollo: We stipulated that we were giving him five days to pay
up, if I recollect correctly what the letter stated.
Mr. Gary: I thought it was seven, I'm not sure.
Mr. Carollo: Seven for the return of the equipment.
Mr. Gary: I would have to get that...
Mr. Carollo: Five for paying the $28,000 plus of the $29,000.
Mr. Gary: My recollection of that I thought it was seven.
Mr. Carollo: It is five. The 23rd, and this is the sikth day. He is
still within the time span of the seven days that he was given for the
return of the equipment that was bought with City funds, so he has
until tomorrow to return that equipment.
Mr. Gary: Oh yes, that is right.
Mr. Carollo: I am correct on five days, right, Howard?
Mr. Gary: Right, it is five days. We have had a meeting with the
State Attorney's office regarding this matter. We have been advised
by the State Attorney's,office, and I met with them personally, that
we are not to proceed with any of,qur actions until she completes hers.
Mr. Carollo: When you say any of our actions, - you say that meeting
was set after we sent the letter to Mr. Brown, or before?
ld 43 MAR 2 9 1984
Mr. Garyt Was the meeting set up before?
Mr. Carollot The meeting with the State Attorney.
Mr. Gary: Was set up after we sent the letter.
Mr. Carollo: After you sent the letter?
Mr. Gary: Exactly.
Mr. Carollo: But she requested that we take no action whatsoever?
Mr. Gary: Correct, other than what we have done.
Mr. Carollo: Other than what we have done.
Mr. Gary: We have done correct in terms of sending out the letter of
demand, but don't take any further action until she has completed her
investigation.
Mr. Carollo: In other words, she has instructed the City of Miami
not to follow up in any kind of civil lawsuit, civil demand, to collect from
Mr. Brown?
Mr. Gary: That is correct. Not she personally, her office - the
people in charge of the investigation.
Mr. Carollo: Was this done verbally or in writing.
Mr. Gary: No, this is Ray Havens.
Mr. Carollo: Ray Havens? Verbally or in writing?
Mr. Gary: This was done verbally.
Mr. Carollo: Okay, now Mr. Clerk, can you send a letter immediately,
first thing tomorrow morning to the State Attorney asking her that
if based on the letter that we sent to Mr. Les Brown, is it her wish
that we not follow up in collecting the monies that are due to the
City of Miami.
Mr. Ongie: Yes sir, I will.
Mr. Carollo: And if she can reply to us immediately.
Mr. Ongie: I will do that, sir.
Mr. Gary: I would like to suggest that you add to that letter that
we met with Mr. Ray Havens on Friday at 2:00 P.M. in her office, who
advised us riot to take further action until they have completed their
investigation.
Mr. Carollo: That will be fine if you can make a note, that according
to the City Manager's statement to the City Commission today, he advised
us that he had met with Mr. Ray Havens and under Mr. Havens' suggestion,
he advised the Manager that he did not want the City Commission, the City
of Miami to pursue it any further on that letter, until they had finished
their investigation. Is that correct, Mr. Manager?
Mr. Gary: You wording is a little different than mine. He informed us
that they wanted us not to proceed with any actions to collect the funds
until they completed their investigation. This was Mr. Ray Havens with
three other people in the room at the time - four other people.
' Mr. Carollo: Okay, ifyou.cou;d include that as the Manager has stated
in his own words and if sfie'could respond to us as soon as possible, if
that is what her office wishes the City of Miami to do.
Mr. Ongie: I will do it tomorrow.
MA
ld
MAR 2 91984
Mr. Carollo: So that if not, the City of Miami can pursue it immediate
ly with any and all legal avenues that we have available to us under the
law to have those monies returned to the City of Miami taxpayers.
Mayor Ferre: So what do you want to do?
Mr. Carollo: According to what the City Manager stated, Mr. Ray Havens,
Chief Investigator for the State Attorney's office asked him not to pur-
sue this matter for the reason that he stated.
Mayor Ferre: You will bring it up again after...
Mr. Carollo: So, what we are doing is going right to the head of that
office, the State Attorney herself, asking her to give us a reading of
whether we are free or not to pursue this matter in collecting.
Mayor Ferre: Do you want to make that in the form of a motion?
Mr. Carollo: Yes, Mr. Mayor, I would like to make this in the form
of a motion.
Mayor Ferre: All right, there is a motion on the floor. Is there a
second?
Mr. Plummer: If Mr. Carollo things it is necessary - I don't, but I
will be happy to second the motion.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who
noved its adoption.
MOTION NO. 84-337
A MOTION DIRECTING THE CITY CLERK TO IMMEDIATELY
SEND A LETTER TO STATE ATTORNEY JANET RENO TO INQUIRE
AS TO THE STATUS OF THE INVESTIGATION REGARDING THE
ALLEGED MISUSE OF FUNDS AND EQUIPMENT IN CONNECTION
WITH A BEHAVIORAL MODIFICATION PROGRAM OPERATED BY
MR. LES BROWN AND APPROVED BY THE CITY COMMISSION ON
JUNE 17, 1982, AND SPECIFICALLY REQUESTING OF THE
STATE ATTORNEY TO VERIFY INFORMATION RELATED TO THE
CITY MANAGER BY MR. ROY HAVENS, CHIEF INVESTIGATOR,
STATE ATTORNEY'S OFFICE, REGARDING A MEETING HELD AT
s 2:00 P.M., LAST FRIDAY, WHICH MEETING MR. HAVENS
ALLEGEDLY ADVISED THE CITY MANAGER TO TAKE NO FURTHER
ACTION WHILE THE INVESTIGATION WAS IN PROCESS BY THE
STATE ATTORNEY'S OFFICE, AS STATED BY THE CITY MANA-
GER TO THE CITY COMMISSION ON THIS DATE; RESPECTFULLY
REQUESTING THE STATE ATTORNEY TO RESPOND AS QUICKLY AS
POSSIBLE TO THIS LETTER IN ORDER THAT THE CITY CLERK
MAY PROPERLY ADVISE THE COMMISSION: AND FURTHER STIPU-
LATING THAT IT IS THE INTENT OF THE CITY COMMISSION TO
VIGOROUSLY PURSUE THE RETURN OF FUNDS AND EQUIPMENT
FROM THE AFORESAID PROGRAM USING ALL AVAILABLE AVENUES
UNDER THE LAW, PROVIDED THAT THE STATE ATTORNEY ADVISES
THAT THE COMMISSION HAS THE AUTHORITY TO PROCEED AT THIS
TIME.
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.
Mayor Maurice �. Fer-re
NOES: None
ABSENT: Vice -Mayor Demetrio Perez, Jr.
.46
MAR 2 9 1984
0
36. DISCUSSION ITEM: SEPTEMBER & ASSOCIATES AND THE STRESS SIMULATOR.
-------- t. --'------------------------- --------------------------------- -
Mayor Ferre: Mr. Manager, where is September Associates on the Agenda?
Mr. Gary: This is an item that Commissioner Carollo wanted brought up.
Mayor Ferre: Oh, I am sorry.
Mr. Carollo: I brought it up Mr. Manager was that I wanted complete
clarification by the City Attorney, as to whether there had been any
violations in the contract on their part. Mr. City Attorney?
Mr. Garcia -Pedrosa: Mr. Carollo, I put this in the form of a memoran-
dum, I believe last week, or the beginning of this week, and informed
you and the rest of the Commission that the contract consist of six
tasks, and all six tasks under the original timetable, would have
been completed by now. There was a problem with the sixth task, in
that the City, as I understand it from the Administration, has been
unable to provide a location for the simulator, because they discovered
asbestos, as I understood it, in the Fire Station which was supposed to
be used for that purpose. And after the fifth task, which was scheduled
for earlier completion, there apparently had been a meeting or was going
to be a meeting with the Administration at which September and Associates
was going to give them a specific time table, so those two tasks have
not been complied with so far as I am informed by the Adminstration.
The other question you asked was a legal question, and that was with
with respect to the rights of termination, and I indicated to you that
under the contract, there is no requirement of a default fcr termina-
tion. The City is entitled to terminate the contract with due notice
at any time, but the problem I preceived there was one of voiding of
the warranty, since they had not completed the performance in the in-
stallation of the Simulator, and what might happen would be that if
were to take over, then the warranties might not apply, and I just wanted
to bring that fact, or that matter, to your attention.
Mr. Carollo: In your best legal opinion, we have the right, at any-
time to stop the contract, or should we say, stop whatever work they
have done up to that point in time.
Mr. Garcia -Pedrosa: Yes, sir, that is exactly correct.
Mr. Carollo: Mr. Manager, how much monies have we spent up until
now?
Mr. Gary: First of all, you have before you the contract for September
and Associates - you have Mr. Garcia-Pedrosa's memo to the you as
City Commissioner dated March 22nd, which he just explained, and on
top of that, you have a memo from Mr. Eads to me, dated March 28th,
subject matter "Status, SME-33 Stress Training Simulator". As you
can see, $592,494 was the budget amount, of which $300,000 was ob-
tained from the McKnight Foundation, of which the balance was from
City funds plus the cost of modifying the current Fire Department.
To date the City has paid September and Associates $250,494, with a
balance of $237,000. The important part of this deals with the major
task that was to be accomplished by September and Associates. The
first is data collection and analysis. The contract calls for the
screening of 300 police officers. They have done approximately 700,
which is 400 poliec officers more than they were required to do under
their contract. Second, is that the issue with regards to the pro-
visions of the hardware, which is the 24 slide projectors, which
was the requirement of the contract - they have provided, without
any additional cost, 30 slide projectors more, which will give us a
better picture that: the 24 would have done, and even better than
that which exists in Mint, which has approximately 16 projectors,
and this is without any additional costs to City. With regards to
the software development and production, is 90% complete. It is 90
days late, and there have been some reasons for that during the
46
ld mAR 2 9 S84
4
0
screening process for the 700 officers, we had delays in getting
the Bayfront Auditorium scheduled because it was utilized for other
purposes. It also has come increment weather which obviously affects
the production of the software, because you have to do your produc-
tion outside with filming and then there is also some production
delays at September. We envision that this program will be imple-
mented in May of this year.
Mr. Carollo: We had some 700 officers go through it already, Correct?
Mr. Gary: That is correct. I would also like to bring up the
intention too, that one of the delays we had and one of the issues
raised by the City Attorney is delays in modifying the Fire Station,
and that was because we had located asbsestos in the Fire Station
and we had to have that removed, which is a very, very tedious, and
cumbersome process; dangerous process, too.
Mr. Carollo: You haven't found any at City Hall, have you?
Mr. Gary: I think we may have some in here. (LAUGHTER)
Mr. Carollo: All on the second floor, I am sure! The suggestion
that I have, is the following - maybe we should have gone into that
some months ago. We run through the simulator the vast majority of
our police officers. I would like to, and it should be done very
quickly, and very inexpensively - to do a survey, an.anonymous sur-
vey, all the officers that have run through the simulator - just
have them fill out, without names attached, just their opinion of
the simulator. If they felt it is worth while, and why? And if
they don't feel it is worth while, and the reasons why. These are
the people that have ran through it; these are the professionals -
these are the people we are trying to train. I would like to get
a feedback from the police officers that have come through it.
Mr. Gary: Well, let me first say that the 700...you are talking
about them going through the system. This was a needs analysis
survey to determine the needs in terms of the types of scenerios
we should have, based upon the officer's anslysis at that particular
point in time. All 700 of those people did not go through the simu-
lator.
Mr. Carollo: Well, they didn't go through the whole similator
process, but they went through parts of it.
Mr. Gary: Right ... well, no, they did, but not all 700. I think
it is important that in terms of making an analysis as how they
preceive the system, it would be difficult without them going through
the system, which was based on their needs. Also, in terms of the
professional expertise of the Police Department as to whether this is
a good system, the Police Chief has decided it is. You know, I think
that is under our organizational structure, adequate in terms of...
Mr. Carollo: Mr. Manager, let's not kid ourselves. The Police Chief
_ has every right to decide whatever he wants to decide, just like the
former Police Chief decided certain things and other things were de-
cided for him at 2:47 A.M. in the morning! What I am talking about
is, getting the opinion of the rank and file police officer, and
there is nothing in our City Charter, any rules that state that it is
wrong, either legally, or morally to get some feedback from the rank
and file individuals that are going to be using the system. And the
reason I am asking for this, in all frankness, is that I have re-
ceived a tremendous amount of negative feedback from the officers
that have gone through this. And frankly, I can't really express
at a public meeting the kind of words that were used in front of me
to describe the system, -but this is why we are trying to go about
it in a professional msnner and just spend a few dollars to print
out a one -pale questionnaire. It shouldn't take long at all to do,
and have those officers that want to respond to it without having to
put their name or I.D. number down, respond to it.
a
47
Id. MAR 2 91984
Mayor Ferre: What is your recommendation on this, Mr. Managerl
Mr. Gary: I don't think that is the progressive way of running a
major public corporation. I probably say that is synonymous to
opinion polling running the responsibility of the City Commission,
and this is synonymous to opinion polling running the Administration.
I think it is premature to make such an analysis. I am not opposed
to an analysis, I think that it would probably be more useful to
this City Commission as well as me and the Police Administration
to make such an analysis after the Police Officers have gone
through the scenerio that has been developed based on their needs.
Mayor Ferre: Do we do opinion polling, Mr. Manager, on the color
of the uniform, or like remember when...
Mr. Carollo: This is not opinion polling, Mayor Ferre.
Mayor Ferre: Well, all right, Do we do testing of reactions to
such things as when we changed from white shirts to blue shirts,
or whether the men are ordered to wear protective vests, or the
size bullets, for example - I understand there is a very strong
feeling in the Police Department that they should have much more
potent arms then they presently receive, and they are very anxious
to receive that. If we were to make that kind of a poll, I think
we should also ask questions of that nature.
Mr. Gary: No, we don't, Mr. Mayor.
Mayor Ferre: I think we should also ask opinions of the police in
rank and file as to the training they get at the police academy. I
think we should also ask...
Mr. Carollo: That is one area that is legit, I would have to agree
with you. That is one area that we could get some feedback, and we
should get feedback. What they think of the Police Acacemy, that is
not run by us, after they graduate from it.
Mayor Ferre: Well, I think a lot of things ... I am not objecting
to the idea of using questionnaires of that sort as a Management
tool. What I would object to is to use it for anything other than
a Management tool.
Mr. Carollo: Mr. Mayor, it is very clear that it would be done for
a Management tool, and this Administration has the right to do what-
ever it would like to do, no matter what the outcome, or the feelings
are of the majority of those police officers.
Mayor Ferre: Well, as long as it is a Management tool and the Manager
agrees to using it and having it done, I've got no problems with it,
but that is a matter that I would imagine the Police Chief would have
to make a decision on. If he wants to do that, I am all for it.
Mr. Gary: We don't want to do it. We don't think it would be appro-
priate to do that at this time, and I agree it should be a Management
tool. I do say that we should have an evaluation after the simulator
is done and police officers have gone through it and make a professional
and objective evaluation of the system based on it being developed for
the needs of our police officers.
Mr. Carollo: Does that satisfy your question, Mr. Mayor? The Police
Chief just spoke.
Mayor Ferre: What?
Mr. Carollo: You said the Police Chief, and I said the Police Chief
just spoke.
Mayor Ferre: Well, I don't think there is any question in Charter
that the head of the Police Department is the City Manager. I don't...
MAR 2 9 1984
Mr. Carollo: Well, then it goes back to kidding ourselves to play
all these hide and seek games as to whom is really going to make the
decisional
Mayor Ferre: The decisions are going to be made by the...
Mr. Carollo: It was just made!
Mayor Ferre: .... Manager of the City of Miami who is in charge of
the Adcninistrationl
Mr. Carollo: There is no need to make any additional motions or
statements on the matter!
Mayor Ferre: Anything else?
37. DISCUSSION ITEM: PROPOSED WIDENING OF 17TH AVENUE. FURTHER
DISCUSSION ON THIS ITEM TO BE HELD AT COMMISSION MEETING IN
APRIL OF 1984.
----------------------------------------------------------------------
Mr. Dawkins: Mr. Mayor, I have one thing here we need to clear up.
At last meeting I asked when we have these gentlemen from 17th Avenue
in here who are not desirous of tearing up 17th Avenue, and the County
and the State is, it was requested that we put it back on the Agenda
today, and it is not on it, and we've got these businessmen out here
now, so how do we do this?
Mr. Plummer: Excuse me, what was that in reference to?
Mr. Gary: It is for the widening of 17th Avenue Street from Flagler
to U. S. #1. It is on the April Sth...
Mr. Carollo: We have had many from your office just like mine that
had requested that. Maybe this is the only way we will get an answer
now.
Mr. Gary: Well, Commissioner Dawkins, if I can just correct the
record. It was on February, they didn't show. It was on March,
they didn't show, and this City Commission asked us to put it on
the next regularly scheduled City Commission meeting and I wanted
to review that yesterday, and it is scheduled for April Sth.
Mir. Dawkins: It is schedule for April 5th?
Mr. Gary: That is correct.
Mr. Dawkins: Okay, it is schedule for April 5th.
Unidentified Speaker: Yes, the problem was the last time we were
here, we requested that it moved to March 29th, and it was apparent-
ly agreed upon, because it is very difficult to get all these business-
men gathered at the same time and we happen to have them here today.
Mayor Ferro: Let me understand. You are opposed to the widening of
17th Avenue?
Unidentified Speaker: Oh, most definitely! The way they plan to go
about it, most definitely, Mayor.
Mayor Ferre: Explain to me why, because there may be a reason...
Undentified Speaker: The reason is very obvious. They are going
to tear down 17th Avenue. They are going to make it after this from
Flagler North.
Mayor Ferre: They are going to make it like 22nd.
49
ld MAR 2 91984
Unidentified Speaker: Like 22nd and 17th Avenue and Flagler North.
Mr. Plummer: Not north from Flagler - south.
Unidentified Speaker: No, the way it is, Flagler North, right now
is...
Mr. Plummer: Oh, like it is
Undentitied Speaker: Like it is. That is how they plan to make
Flagler...
Mr. Walter Pierce: That is not quite accurate. The section from
Flagler Street North is much wider than was proposed from Flagler
Street South to Eight Street. The section South to 8th Street has
been narrowed. The original design, 3 or 4 years ago, or even
longer, I think 6 years ago, was for a full 110 foot section. It
has been reduced now to 70 feet.
Unidentified Speaker: One foot either way - whether it is one foot
wider or one foot slimmer, it doesn't matter. What we are talking
about here is eliminating parking. They are eliminating 200 jobs.
Mayor Ferre: Now, see, that is different. See, I agree with you
that we ought to insist that landscaping be put in, that parking
provisions be put in. That is different!
Unidentified Speaker: And they are eliminating 200 fobs.
Mayor Ferre: Jobs?
Unidentified Speaker: There is roughly 200 people between Flagler
Street and S. W. 8th Street that walk to work. Now, these people
are going to lose their jobs because most of the businesses are going
to have to close. For example, I have 12 employees. Mr. Dawkins is
familiar with my facility, so is the City Manager, and those people
are going to lose their jobs. They have walked to work.
Mayor Ferre: You mean during the repair...
Unidentified Speaker: Now, I am going to have to close up.
Mayor Ferre: Do you know how long we have been waiting for the
widening of 27th and 22nd and 17th?
Unidentified Speaker: Yes, but what they ought to do is ask the
people that live in the neighborhood how long they have been waiting,
because they haven't! .They would just assume leave it the way it is
and continue living so that they can continue to live.
Mayor Ferre: If we all throught that way, everything in Dade County
would be two lanes. We wouldn't have any arterial roads. U S. #1
would still be a two-lane road.
Unidentified Speaker: What I am saying here...
Mayor Ferre: Everybody wants highways. Everybody wants schools.
Everybody wants public housing, as long as it is not in my neighbor-
hood! And I want my street and my avenue widened, but I don't want
it to go through m neighborhood! Now, you go to somebody else's
neighborhood and you go ahead and do all those things and if we in
this City went aropnd doing things like that, 27th...
Unidentified Speaker: But I feel there are alternatives to this
situation.
Mayor Ferre:... Avenue, 22nd Avenue, 32nd Avenue, all the highways,
all the roads in this town would all be two-lane roads, still, be-
cause when I came hereethey all were two-lane roads!
ld 50 MAR 29 1984
Mr. Dawkins: But, Mr. Mayor, what he is saying, and I have been out
there, and I think we all need to go out there. What he is saying is,
once you widen this street, then the street runs right jam up against
a building, and therefore, take, for instance his business, where he
has to get in and out with automobiles, as a painter - automobile
paint shop - he is going to have to go out of business, and accord-
ing to other merchants in that area, if you take the street from
them, they are going to have to go out of business, so here we have -
enlarged the steet, and made a street pretty, with no businesses on
itl So, here is where I am saying is, I don't mind progress. I
don't mind widening the streets, but we have got to make some
concessions to the people that we uproot and put out of business!
Unidentified Speaker: You have got a situation where you can make
16th Avenue as a one-way avenue. They could make 17th Avenue a one-
way avenue also.
Mr. Pierce: Mr. Mayor and members of the Commission, I think I am
not the best one qualified to speak on that. I think Don Cather
would be, but he is not here, but I can address a couple of state-
ments. 17th Avenue, for the record, is section line road. As such,
the normal width of it is 110 feet. 17th Avenue is also one of the
new north -south corridor roads and will be...is scheduled to carry
traffic from the South Dixie corridor north through the City. Re-
member there is a transit station down at the U. S. #1 - Metrorail.
That is part of the transportation plan. This proposed widening
went through any number of public hearings and public meetings in
the Little Havana area. The Little Havana Chamber of Commerce was
supportive; Little Havana Development Authority is supportive now.
There are all kinds of citizens out there. This is a County high-
way, for one thing, not a City project. It is the County's respon-
sibility to build it, to maintain it, to plan it, to fund it. How-
ever, the City of Miami did apply for an Economic Development Ad-
ministration grant as a part of the local match, which is already
been programmed and spent.
Unidentified Speaker: May I say something?
Mayor Ferre: You can, but we are going to have a public hearing
on this, and all we are doing is wasting people's time right now.
There is nothing we can do right now. On April 5th, you can say
anything...
Unidentified Speaker: That is exactly what I was told by the repre-
sentive of the County. They said there is nothing you can do. All
I have to do is show up my little piece of paper to the Court and
the money saying that is what is going to pave Mr. -
property, and that is the end of the story. You have nothing to
say, so why fight it? That is a great system we have gotl
Mayor Ferre: I am not telling you that. I am just saying that on
April 5th. I will be happy to recognize you to speak up.
Mr. Plummer: Let's also make the record replete and very clear to
all of those merchants - is this City Commission can only —only
action that we could take at the end of a public hearing, if it is
the majority's opinion, is to recommend to the County not to do it.
We cannot stop the project.
Unidentified Speaker: That is all we want. That is all we like.
Mr. Plummer: Okay, and I am not saying that you are going to get
a majority vote, but that is the best that we can do. I want you
to understand that.
Unidentified Speaker: That is all we would like. You have got to
crawl before you walk. That is the first thing I want.
Mr. Pierce: I would like to say one final thing on this - that is
the first time that I can recall in County history relocation assis-
tance on a highway widening project, in addition to the money to be
51 MAR 2 91984
I ld
paid for the taking of the right-of-way is being paid.
Mayor Ferre: Okay, thank you.
Unidentified Speaker: Thank you.
Mayor Ferre: We will see you then. And I will tell you, at the
public hearing, Walter, I want you to document for the City, the
number of years that we have been waiting for this - how many in-
sulting letters we have written to the County for not having
begun. I have been on this Commission going back from 1967, and -
I think in 1967 we passed a resolution urging the County to do
this, and I think it has been at least 15 years, and they just keep
ignoring us and ignoring us, and now they are about to improve. To
those people that travel up and down 22nd, 17th and 27th, 17th is
a disaster, and it is just something that is...12th is all right,
22nd is not okay, 27th is all right and 17th is a disaster, so I
think we need to hear from a lot of people and I am sure at that
public hearing you will. _
38. RESOLUTION AUTHORIZING CITY MANAGER TO PROCEED WITH THE
DEMOLITION OF A DERELICT BUILDING LOCATED AT 2000 S.W. 24TH STREET.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: On Item No. 20, which is a quick item, where we ask for
it to be continued, because of a court action, we are recommending
that this item be passed with the stipulation that once the 10 day
grace period has been given to the owners of the property, they
have no complied and we can go ahead and act and tear down the
building.
Mayor Ferre: Okay, anybody have any problem with this? You got
any problem on that, Joe?
Mr. Plummer: Well, I am not familiar with the situation, and you
know first of all, obviously on the agenda, it is wrong. There is
no 200 S. W. 24th Street, unless it is around Marker 13 in the Bay.
Mr. Gary: It is 2000. One zero was left off.
Mr. Plummer: Oh. If you want to vote on it today, I would appre-
ciate your giving me some more material and tell me about the
court action.
Mayor Ferre: Well, what you have is a lot of neighbors that are
very concerned, upset and have strong feelings about this and I
want to tell you if I lived closed to that derelict building at
200 S. W. 24th Street...
Mr. Plummer: All right, let me ask a question. What is the court
action all about?
Ms. Marissa Perez: My name is Marissa Perez and I live at 2001
S. W. 24th Terrace.
Mr. Plummer: Is this the Golden Arms?
Ms. Perez: Yes, sir. You know where it is. You are close to us.
Mr. Plummer: I have only been there for three fires.
Ms. Perez: Only?
Mr. Plummer: Unfortunately, the Fire Department responded too
quickly.
52
MAR 2 9 198
ld
Ms. Perez: I agree with youl Thank you.
Mr. Plummer: But still, we are not on a popularity...1
on a contest...
Mayor Ferre: Yes, we arel Yes, we arel
Ms. Perez: Yes, we arel
we are
Mr. Plummer: No, we are not. What is the court action?
Ms. Perez: Yes, we are - 22 years trying to get rid of that.
Mr. Plummer: Okay, fine. What is the court action is what I need
to know.
Ms. Perez: The court action up until today we could only find out
that they were placing $250,000 bond to the City of Miami so that
they could start putting in their plans and getting their permits
to work on this property.
Mr. Plummer: Excuse me, let me try to simplify this. Mr. City
Attorney, are you aware of the court action?
Mr. Garcia -Pedrosa: Yes, sir.
Mr. Plummer: And what is your recommendation that we can or cannot
legally....
Mr. Garcia -Pedrosa: Commissioner Plummer, you were not here this
morning when I indicated that at 8:30 A.M. this morning there was
an emergency hearing which resulted in the entry of a temporary
restraining order against the City from carrying out the demolition.
All right, what I did not know at the time, and frankly, still
don't know with all the is dotted and the is crossed, because
there has been no written order entered yet, is exactly what the
terms of that order are. I think what would oe appropriate as I
understand the reports that I have gotten, is that the Judge entered
a P.R.O., but imposed certain requirements which the Applicant may
or may not be able to meet. What the neighbors, I think are asking
and it would not be inappropriate for you to do so, if you wish, is
to gear up so that if those requirements are not met, and the P.R.O.
is lifted in 10 days, that the City may then proceed with the
demolition, and so I think what would be appropriate, if you are
so inclined, woiuld be to make the resolution subject to the
permission of the court, if you will, at least insofar as the lift-
ing of any injunction against the City might be concerned.
Mr. Carollo: The bottom line is, Mr. City Attorney, how can we
solve this problem, efficiently and quickly?
Mr. Garcia -Pedrosa: Well, you can't do it while the P.R.O. is in
effect, or if it becomes a permanent injunction in 10 days. All
you can do is to say once the prohibition made by the court is
lifted, then proceed, and so you can pass a resolution with that
proviso in it.
Mr. Carollo: If the only thing we can do is pass the resolution,
with the proviso that the City Attorney so stipulated here before
US.
Mayor Ferre: All right, Ms. Perez?
Ms. Perez: Yes, sir. I would like to bring to your attention that
on March 9th you had a City Manager's office, April 14 stamp..1983,
which asking the ownirs of this property to have it demolished
within 180 days.
Mayor Ferre: Ms. Perez, I don't think you were listening. The
ld
MAR 2 91984
City Attorney gave us a legal opinion. I don't know that the
City Attorney's opinion has ever been overruled, so we have got
to live with that opinion, so the only thing we can do...as I see
it, you have four votes in favor of what you want to do. We've
got to do it legally. We cannot do it illegally.
Ms. Perez: What they did today was legal?
Mr. Plummer: They have got a court order! If that isn't legal,
what is?
Ms. Perez: You know, March 8th they were supposed to be here.
Mayor Ferre: That may be, but the Judge said stop, and around
here we follow what the Judge is saying, okay?
Ms. Perez: Okay....
Mayor Ferre: So, we have got to do it the way our City Attorney
says we have got to do itl So, who wants to make the motion?
Mr. Bill Wolfarth: I just want to say...
Mayor Ferre: All right, Bill. We are always honored to have our
former colleague and distinguished former Mayor of Miami here.
Mr. Wolfarth: Thank you, your honor. J. L., you have seen the
building, you know what it is. It was built in 1926 for Burdines
employees. It hasn't been improved since. That Fire Department
has spent more time around there inspecting through all the years
in this one building. It is practically in shambles, but what the
Judge said this morning, that he wanted to give these people the
chance in ten days to come up with a plan to correct the situation -
I don't know how they are going to do it - I don't know anything
about contracting of that, but...
Mr. Plummer: Wouldn't it be logical, rather than doing anything
in defiance of a Court Order today. We have another meeting on
April 5th. Go ahead and schedule the item for April 5th and the
City Attorney...all I am saying is, if you move too hastily, you
might irriate the Judge and get nothing accomplished.
Mr. Wolfarth: Well, I talked to the Assistant City Attorney - I
was with him this morning, and we said that we should go ahead and
ask for this, because...
Mr. Plummer: I am being told that one of the provisions of the
Court Order this morning is that a bond has to put up by the 3rd
of April.
Mr. Wolfarth: Twenty-four hours - a $250,000 bond. Mr. Furtell
said to go ahead with it, because they would already have it taken
care of in case they didn't meet their obligations and the building
would be demolished right away so you wouldn't go through all of
this for another few years.
Mr. Plummer: So what is the motion, Mr. City Attorney?
Mr. Garcia -Pedrosa: The motion would be to pass the resolution
subject to any prohibition that may be imposed or retained by the
Court. As soon as those prohibitions are lifted, to proceed.
Mr. Plummer: I so move.
Mayor Ferre: All right, it has been moved by Carollo - seconded
by Plummer. Further discussion? We are talking about
Readv to vote?
Mr. Plummer: Yes - well do you understand the motion is subject
to...
Mayor Ferre: Subject to...
ld
MAR 2 91984
Mr. Plummer: My understanding is if they meet the requirements
of the Court Order, then the demolition is put under hold. Is
that correct?
Mayor Ferre: There is nothing we can do about that.
Mr. Wlfarth: In other words, in ten days, if they don't, why they #°
can go ahead and demolish it.
Mayor Ferre: Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 84-338
A RESOLUTION ACCEPTING THE BID OF TREE MASTERS,
INC. FOR FURNISHING ALL LABOR AND EQUIPMENT
FOR BUILDING DEMOLITION AT 2000 S.W. 24TH
STREET TO THE DEPARTMENT OF FIRE, RESCUE, AND
INSPECT30N SERVICES AT A TOTAL COST OF $9,774;
ALLOCATING FUNDS THEPF.FOR FROM THE 7TH YEAR
COMMUNITY DEVELOPMENT FUNDS; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE PURCHASING AGNET
TO ISSUE A PURCHASE ORDER FOR THIS SERVICE:
ESTABLISHING CONDITIONS UPON SUCH ACCEPTANCE.
(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 Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice -Mayor Demetrio Perez, Jr.
39. APPROVE PLAN APPROVEL BY THE PLANNING DEPARTMENT FOR THE
DESIGN PLAZA DISTRICT DEVELOPMENT PLAN AREA BOUNDED BY
N.E. 36TH STREET., 38TH STREET ON THE SOUTH, N. E. 39TH
AND 42ND ST. ON THE NORTH: NO. MIAMI AVE. AND WEST F.E.C.
RIGHT-OF-WAY AND BISCAYNE ON EAST.
Mayor Ferre: All right, the next thing that I have here, J. L., we
held up for you is Item Number 7, I think, and that dealt with the
Design Plaza District Development plan as recommended by the Adminis-
tration and the Department. The Advisory Board 7 - 0, and the com-
munity. Do you have any problems with it? Joe, do you want - on
Item 7, the Design District. All rignt, is there a motion on Item 7?
Mr. Carollo: Move.
Mayor Ferre: Is there a second?
Q
Mr. Dawkins: Second.
Mayor Ferre: Furtther discussion? Call the roll.
MAR 2 9 1984
ld
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 84-339
A RESOLUTION APPROVING, IN PRINCIPLE, THE
MIAMI DESIGN PLAZA DISTRICT DEVELOPMENT
PLAN AS AN ANCILLARY TO THE MIAMI COMPRE-
HENSIVE NEIGHBORHOOD PLAN FOR THE AREA
GENERALLY BOUNDED BY NORTHEAST 36TH STREET
AND 38TH STREET ON THE SOUTH, NORTHEAST 39TH
STREET AND 42ND STREET ON THE NORTH, NORTH
MIAMI AVENUE ON THE WEST AND THE F.E.C.
RIGHT-OF-WAY AND BISCAYNE BOULEVARD ON EAST,
PROPOSING STREET IMPROVEMENTS, EXPANDED PARK-
ING, BEAUTIFICATION AND LANDSCAPING, IMPROVED
SIGNAGE AND SIGNALIZATION, URBAN DESIGN GUIDE-
LINES, PROMOTIONAL ACTIVITIES, AND FUNDING
ALTERNATIVES, A COPY OF WHICH IS ATTACHED
HERETO AND MADE A PART HEREOF; AND MAKING
FINDINGS.
(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. Ferre
NOES: None
ABSENT: Vice -Mayor Demetrio Perez, Jr.
-----------------------------------------------------------------------
NOTE FOR THE RECORD: AGENDA ITEM 22 WAS DEFERRED FOR A FULL
COMMISSION.
-----------------------------------------------------------------------
s - -----------------
40. FIRST READING ORDINANCE: AUTHORIZE ISSUANCE OF SUBJECT TO
VOTER APPROVAL OF $20,000,000 FOR SOUTHEAST OVERTOWN/PARK
WEST COMMUNITY REDEVELOPMENT BONDS.
----------------------------------------------------------------------
Mayor Ferre: Do you have the bond issue stuff? The only thing
that I have - Clark, since you are our local expert on some of
these things - I think we have to have a clear definition of what
we are going to be spending the money on in Overtown.
Mr. Plummer: All of it, for the parks...
Mayor Ferre: And for the parks. I think what you said is proper,
and I would like to pass this on First Reading and then by the
Second Reading, I would like for you, and Mr. Manager, obviously
through the Manager's office, but I think we need to work a little
bit on the wording.
Mr. Plummer: Yes; because I can tell you one of this wording -
in reference to Overtown is I am not going to buy that money being
used for historic preservation.
Mayor Ferre: I agree. This is on First Reading and on Second Read- -_
ing I think we need to do some...
.56 MAR 2 9 1984
Id
0
Mr. Carollo: Which one now on First Reading?
Mayor Ferre: All of them on First Reading.
Mr. Carollo: All of them on First Reading? $20,000,000 bond,
$35,000,000?
Mayor Ferre: Yes.
Mr. Carollo: Gentlemen, I am one vote here, and I know when I am
out -voted, nevertheless, this reminds me of the old one cent sales
tax, first defeated by the County on a County -wide vote. We didn't
listen to the people, so we brought it up again, only in the City.
Again the City of Miami citizens voted it down. Then we brought it
in a different form just a few weeks ago and for the third time it
was defeated. We are doing the same thing with this. It has been
brought up in an election - and mind you, in an election that we
probably had the best chance of it passing, because there was no
Republican opposition on the ballot, therefore the type of people
that would generally be more conservative...
Mayor Ferre:
Mr. Carollo: No, no, now, I don't agree with you.
Mayor Ferre: There was a 55% turnout, Joe.
Mr. Carollo: But still, that was the type of election that we had
the best plans of any in passing these amendments.
Mayor Ferre: September is the County Commission Election. and it is the
better time to do it. Now look, let me give you another side of it.
I want to remind you that the County put on a housing bond issue,
one time and it went down the drain, and a year or two later, the
City put on a housing bond issue. The County was for $10,000,000.
We did one for $25,000,000 and we passed it, and the Miami Herald
was opposed to it.
Mr. Carollo: That was like you said, a couple of years later, it
was done in a different way, but this only going to be a few months
after the people just defeated it, and I don't like playing with
fire, Mr. Mayor.
Mayor Ferre: Well, look, I live a little dangerously in these things
and I get into trouble and I end up with a lot of opposition, but I
don't mind doing that, because when yo believe in something, you
believe in something, and I think that helping Overtown is something
that is so important, and I would hope that the people of Miami
given another opportunity, with better explanation, and a little bit
harder work on our part, to get this thing passed, would pass it,
and I would feel badly if we didn't. There is a wonderful saying in
the Jewish tradition and I think it comes from the faith of our
fathers, and it goes something like this - it says, it is not essen-
tial that we finish, but neither are we free not to begin, and I
will tell you, we may not be able to finish this, but we are going
to try. And so I move, therefore, that the ordinance dealing with
$20,000,000 for Overtown...
Mr. Carollo: And $35,000,000 for the...
Mayor Ferre: No, just one at a time. Let's do Overtown first.
We've got four to pass.
Mr. Carollo: There arp two bond issues.
Mayor Ferre: Two bond issues, but we have got to vote on four
issues, because one calls for the election. So the first motion I
make is the ordinance itself for the $20,000,000 S. E. Overtown/Park
West Community Redevelopment.
57
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Mr. Plummer: Is there a second?
Mr. Dawkins: Second.
Mr. Plummer: Is there discussion?
Mr. Dawkins: Under discussion, when you bring it back, I want to
know how we are going to spend it.
Mayor Ferre: That makes two of us.
Mr. Plummer: Any further discussion?
Mr. Carollo: On these five that have to go the one block there
where ..(inaudible)....
Mayor Ferre: No, we have all the money for that.
Mr. Plummer: Any further discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AUTHORIZING THE ISSUANCE SUBJECT
TO THE ELECTION HEREIN PROVIDED FOR $20,000,000
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOP-
MENT AREA BONDS OF THE CITY OF MIAMI, FLORIDA,
FOR THE PURPOSE OF PAYING THE COST OF LAND
ACQUISITION, RESIDENTIAL AND BUSINESS RELOCATION,
DEMOLITION, SITE AND INFRASTRUCTURE IMPROVEMENTS,
FINANCIAL ASSISTANCE FOR THE CONSTRUCTION OF IOW
AND MODERATE INCOME HOUSING, HISTORIC PRESERVATION,
AND THE CONSTRUCTION OF REPLACEMENT HOUSING FOR
RESIDENTIAL DISPLACEES: AND PROVIDING FOR THE LEVY
Ar'D COLLECTION OF AD VALOREM TAXES TO PAY SUCH
BONDS.
Was introduced by Mayor Ferre and seconded by Commissioner Dawkins and
passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
ABSENT: Vice -Mayor Demetrio Perez, Jr.
ON ROLL CALL:
Mr. Carollo: When this was placed on the ballot in the last election
that we had in March, I voted for both these items to go on the ballot,
but I for one like to listen to the people of Miami and for us to go
ahead and put it just a few months after again on the ballot, without
at least waiting a years time to go by before presenting it to the
people of Miami, I think is just wrong, therefore I vote "no".
Mr. Plummer: Let me disagree with my colleague, Mr. Carollo and
remind the fact that if in fact we took that attitude in reference
to the Southern Bell Franchise, the Fire Department would be $500,000
less in equipment per year than we are today. What I am saying is,
that on two different occasions, the electorate turned down the bond
or the franchise put before them and finally, when we rearranged it
on the third ballot, which was shortly thereafter, and the money used
in the Fire Department, or the additional one-half percent, as I
recall, it did in fact pass, so what I think very much should be
aware to the Administration, is that I don't think, and I agree with
Commissioner Carollo on the point if you present it on the same
manner as before, it in fact, will receive the same results, but I
think in the same issue as the bond issue, for the Southern Bell
Franchise, in which this City is a recipient of $500,000 to its
Fire Department per year, that we should learn a lesson from that,
change it, and offer in fact to the electorate. I vote "yes".
AFAR 2 9 1984
Id
The City Attorney read the ordinance into the record and stated that
copies had been furnished to the City Commission and that copies were
available to the public.
40.(a) FIRST READING ORDINANCE: PROVIDING FOR THE HOLDING OF A
SPECIAL MUNICIPAL ELECTION IN CONNECTION WITH $20,000,000
SOUTHEAST OVERTOWN BONDS ON SEPTEMBER 4, 1984.
----------------------------------------------------------------------
Mr. Plummer: The second portion of that ordinance is an ordinance
providing for the holding of a special municipal election in the
City of Miami, Florida on September 4, 1984 with respect to the
issuance of $20,000,000 S. E. Overtown Park West Community
Redevelopment Bonds.
Mayor Ferre: Do you move that?
Mr. Plummer: I assume it is moved by Ferre and seconded by Dawkins?
Discussion? Read the ordinance. —
AN ORDINANCE ENTITLED:
AN ORDINANCE PROVIDING FOR THE HOLDING OF A
SPECIAL MUNICIPAL ELECTION IN THE CITY OF
MIAMI, FLORIDA, ON SEPTEMBER 4, 1984, WITH
RESPECT TO THE ISSUANCE OF $20,000,000
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY RE-
DEVELOPMENT BONDS.
Was introduced by Mayor Ferre and seconded by Commissioner
Dawkins and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo:
ABSENT: Vice -Mayor Demetrio Perez, 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:
Mr. Carollo: I vote "no" for the reasons stated before, and if I
may add, looking at just the disrespect that we are having in
raising taxes in the City of Miami, when we are the highest taxed
City of any in Dade County, with the exception of one of those
little islands on the Beach somewhere that has about 40 people
living in it, and then on the other hand we are the most highly
taxed City, we are one of the Cities that receives the least
services of any in this County. This is why Amendment One would
have had a tremendous chance in passing, because people are fed up
in paying taxes! And it is not enough that the City of Miami is
the Number one city where its people have to pay taxes in this
County with the exception of again, that little island somewhere
next to Miami Beach, but on top of that, every year we are throw-
ing additional taxes for us to pay, but still we justify it somehow
.hat we have to give less services. What is happening is, the City
of Miami is losing the backbone of what made the City the middle
class and it has become a city of the very poor and a city of the
very rich. The middle class can't afford the City of Miami any
longer. And those that don't pay any taxes don't care because it
Um
ld
MAR 2 91984
a
71,
i
8
is not going to affect them and those that are extremely wealthy
don't care either because it is really not going to affect them
either, but the people it does affect is the middle class - the
middle class Miamians, and those that live in the City of Miami
by the hundreds they are going to the suburbs and to other cities'
=
in Dade County.
Mr. Plummer: Mr. Clerk, I know the answer, but let me put it on
the record - the wording which says calling for a special election,
is at no cost to the taxpayers, it is a regular election that is
taking place and we are merely adding two items to the regular
—
election that is already in progress. Is that correct?
Mr. Ongie: Basically that is correct. We do have some cost in-
curred with advertising, but the language is...
Mr. Plummer: But primarily it is a regular election which we are
adding onto.
Mr. Ongie: That is correct.
Mr. Plummer: All right sir, I vote "yes".
40(b) _FIRST READING ORDINANCE: PROVIDING FOR THE ISSUANCE OF
$35,000,000 PARKS AND RECREATION FACILITIES BONDS SUBJECT
TO VOTER APPROVAL.
Mayor Ferre: I now move the $35,000,000 Parks & Recreation
Facilities.
Mr. Dawkins: I second it, and in seconding it, I would like to say
that the City of Miami has to prick it's conscience to understand
- what it is doing. It is no secret that inner city parks have been
allowed to deteriorate. In fact, they are at the stage where they
are useless, and the only way you are going to get these parks
servicable is by a bond. And you can take any section of Miami and
find this. In the Latin neighborhood you have got Shenandoah Park,
Curtis Park and Grapeland, and Allapattah,Comstock and Clemente
is a shame. We shouldn't even know that Clemente belongs to the
City of Miami. Williams Park, Gibson Park, we have got a court
suit now against us for Ranges Funeral Home got a body from her
pool that was electrocute in the pool because the pool is almost
unsuablel I was at a meeting the other day whre the neighbors are
demanding that we open Range Pool, which means that if we open it,
we are going to again open ourselves to more cases, electrocute
another kid, or five or six more kids. Across the street from me
you have got Hadley Park. They waste millions of gallons of water
a season because parts are needed. So the -only -way we are going
to repair these parks are through the bonds, so I gladly second
this bond issue and I hope that the people in the City of Miami
realize that the only way we are going to bring these inner city
pools and parks up to where they could be used by everybody in the
community, with this economy what it is, we need to have an outlet
and have a pool where you can go and enjoy yourself - I gladly
second this bond issue.
Mayor Ferre: Commissioner, I don't mean to hurt your feelings,
but I don't know why Howard Gary put the ear plugs on him before
you made the nice speech.
Mr. Dawkins: He doesn't like mel (LAUGHTER)
Mr. Plummer: Read the ordinance.
Mr. Carollo: Maybe he can find some membership in the Bath Club
now.
MAR 2 91984
16
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AN ORDINANCE ENTITLED:
AN ORDINANCE AUTHORIZING THE ISSUANCE, SUBJECT
TO THE ELECTION HEREIN PROVIDED FOR, OF
$35,000,000 PARK AND RECREATION FACILITIES BONDS
OF THE CITY OF MIAMI, FLORIDA, FOR THE PURPOSE
OF PAYING THE COST OF ACQUIRING, CONSTRUCTING, -
DEVELOPING, EXTENDING, ENLARGING AND IMPROVING
PUBLIC PARK AND RECREATION FACILITIES IN THE
CITY OF MIAMI, INCLUDING FACILAITIES PROPERLY
APPURTENANT THERETO, THE ACQUISITION AND THE
IMPROVEMENT AND FILLING, OF LAND FOR SUCH PUR-
POSES AND THE ACQUISITION OF EQUIPMENT THERE-
FOR; PROVIDING FOR THE LEVY AND COLLECTION OF
AD VALOREM TAXES TO PAY SUCH BONDS.
Was introduced by Mayor Ferre and seconded by Commissioner
Dawkins and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
ABSENT: Vice -Mayor Demetrio Perez, 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.
MAR 2 9
1984
Id
------- - ----
----- -- ----------- - -- ---___........_.:
-
z
40.(c) FIRST READING ORDINANCE: PROVIDING FOR THE HOLDING OF A SPECIAL
_
MUNICIPAL ELECTION IN CONNECTION WITH $35,000,000 PARKS AND RECREATION
-$
FACILITIES
BONDS TO BE HELD ON SEPTEMBER 4, 1984.
----------- -- -
----------------- ----------------------------- - --
Mr. Plummer:
Now read the second ordinance made by Ferre.
Mayor Ferre:
I now move $35,000,000 on September 4th.
Mr. Dawkins:
Second.
Mr. Plummer:
Read the ordinance. Any discussion? Call the roll.
-
AN ORDINANCE
ENTITLED -
AN ORDINANCE PROVIDING FOR THE HOLDING OF A
SPECIAL MUNICIPAL ELECTION IN THE CITY OF
MIAMI, FLORIDA, ON SEPTEMBER 4, 1984, WITH
RESPECT TO THE ISSUANCE OF $35,000,000 PART:
AND RECREATION FACILITIES BONDS.
Was introduced by Mayor Ferre, and seconded by Commissioner
Dawkins and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
ABSENT: Vice Mayor Demetrio Perez, 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.
-------------------------------------------------------------------------
41. INSTRUCT CITY ATTORNEY TO COME BACK WITH A SCHEDULE FOR PROPER TIME
FRAME FOR PROPOSED CHARTER AMENDMENT LEGISLATION FOR AMENDING AND
UPDATING THE CITY CHARTER.
Mayor Ferre: I now move the ordinance on, Mr. City Attorney, the so-
called house clean-up of the Charter amendments. I requested from you,
and by the way I apologize for the misunderstanding that occured, because
it ended up being scheduled for a public hearing for a different... and
that was just a recommendation that I was making, but I think the Com-
mission has to approve that. But I think, so that we don't have any
misunderstandings, I have also written you a memo today, which you will
get, asking that you ask some of the members of the distinguished panel
that you have to be present at some of those meetings so that they can
answer questions that the public and I have asked you and members of
your committee to go to the respective newspapers and television stations
to explain the Charter so that they understand that there is no hidden
meanings or no big to do's and it is just a very open and above board
type of a Charter change, as I understand.
Mr. Plummer: Might I suggest if something is working, don't fix it?
It passed. Leave it alone.
Mayor Ferre: I think that people need to understand that we are not...
anyway, do you have it in legal form?
Mr. Garcia -Pedrosa: No, Mri• Mayor, I think the appropriate action
would only be the approval of the public hearing, because if we were
to pass the ordinance now, it would be back in the problem of 60 to
120 day time frame; it would be too early.
Mayor Ferre: I got you.
R
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Mr. Garcia -Pedrosa: Plus, I think you are going to want to have the
public hearings first, taking into account the input....
Mayor Ferre: Yes, but I think the time we want to put this on the !.
vote is for the October ballot.
Mr. Garcia -Pedrosa: Why don't you instruct the....
Mayor Ferre: Clark, do you agree with that? The October ballot would
be a good ballot.
Mr. Garcia -Pedrosa: Why don't you instruct me then to come back with
a time frame that would comply with the law for first and second readings.
Mayor Ferre: Including public hearings so that people have an opportunity
to express their opinions and all that.
Mr. Garcia -Pedrosa: Right, I can do that by the fifth if you want.
Mayor Ferre: O.K., I so move.
Mr. Plummer: Is there a second?
Mr. Dawkins: Second.
Mr. Plummer: Any discussion? Call the roll.
The following motion was introduced by Mayor Ferre, who moved
its adoption.
MOTION 84-340
A MOTION INSTRUCTING THE CITY ATTORNEY TO COME
BACK WITH A SCHEDULE TO ESTABLISH A PROPER TIME
FRAME FOR PROPOSED CHARTER AMENDMENT LEGISLATION,
SAID AMENDMENTS UPDATING THE CITY CHARTER; FURTHER
DIRECTING THE CITY ATTORNEY TO INCLUDE A SCHEDULE
OF PUBLIC HEARINGS ON SAID ISSUE.
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: dice Mayor Demetrio Perez, Jr.
--------------------------------------------------------------------
NOTE FOR THE RECORD: The City Commission expressed the intent that
these matters be placed on the September 4, 1984 ballot with the
Parks Bonds issue being first and the Overtown/Southeast Park West
Bonds being second in the arrangement in the ballot.
NOTE FOR THE RECORD: It was announced that the contract with Marilyn
Reed would be discussed later in this Commission meeting.
63
sl MAR 2 9 1984
- -
Xm
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42. DISCUSSION ITEM: PERSONAL APPEARANCE OF MISS VIVIAN SALAGA REQUESTING -
FUNDING FOR THE INTERNATIONAL CHILDREN'S MUSEUM. (Request denied).
----- ------ -- ---- ----- ------------- - --------------------
Mayor Ferre: The next item is number 19. Ms. Salaga, on behalf of F.I.U.
Mr. Plummer: Excuse me, is this a request for money?
Ms. Vivian Salaga: Yes, it is.
Mr. Plummer: Has it been before the Administration?
Ms. Salaga: Yes, their office has had it.
Mayor Ferre: Go ahead and make your statement and then we will refer
you to the Manager. Go ahead and make your statement. You were very
patient in waiting for us.
Ms. Salaga: Gentlemen, what we are here asking you for today is to
join with us in the development of a master plan for an international
children's museum for the City of Miami. We recall noting the comments
of the former prior Chief, in terms of wanting to provide a vehicle
for cultural unity in the City of Miami. I believe under the umbrella
of this children's museum, we have a vehicle by which we can begin to =
approach that state of unification. We have myself representing the
board of directors for the museum. We have gone to the university -
to secure their support and we come now to you because under the _-
conditions of the State grant that we are submitting to the State -_
legislature this year, Florida Statute 235.196 it requires the cooperative
venture of a municipality and an educational institution. The university
has offered to allow us to use their support as the educational entity =_
and we come now to the City for support from the municipality. The
letter that has been given to you outlines our request. We have distributed
information to all of the Commissioners previously and this request revises
our former request. The State Statute indicates that we must include
in our documentation to the State a letter from the City in support of
the project. Items number one and two in the cover letter of the information
packet you have with you now outlines that particular request. We are
also asking that the City designate someone to work with us in terms of
identifying a site and accepting the site as a donation to the City for
the purposes of the project so that we can utilize the value of the land
as a leverage under the Florida Statute. The Statute will allow us to
provide 50% of the entire cost of the construction under the Community _
Education Act, and we are now seeking to match the construction funds
by private donations. The money we are requesting from the City is
solely for the purpose of seed money to provide us leverage and to further
our master planning effort.
Mayor Ferre: Ms. Salaga, let me ask you a question. How much are you
going to get from the State if we....
Ms. Salaga: The State is going to provide $875,000.
Mayor Ferre: How much are you going to request from the County?
Ms. Salaga: The County is being requested to assist us in the same
fashion that the City is being asked.
Mayor Ferre: All of these monies will be expended within the City of
Miami?
Ms. Salaga: That is correct.
Mayor Ferre: You are not going to be doing this at the F.I.U. campus?
Ms. Salaga: No, it is not. We have set criteria information attached
in the package that....
.64 MAR 2 9 1984
5
Mayor Ferre: if we were to make such a grant, it would have to be
conditional on your receiv;ag both the State and the County funds.
I know, I'm sure you want to get our up front,'but we may have a problem
with that. I'm not telling you what the Administration is going to
recommend, but if it does come back with a positive recommendation....
Mr. Gary: No, we have our recommendation before you.
Mr. Plummer: You also say seed money. That means that the money will
be returned to the City?
Ms. Salaga: No, this would be a request for the City's participation in
the project in addition to what the State would be putting in and what
the private corporate donors would be putting in.
Mr. Plummer: Mr. Gary, let me deviate for a minute and ask you what
discussion you had with F.T.U. in reference to their building a conference
center and a hotel.
Mr. Gary: They told us basically, "Sorry, gentlemen, we are going to
do what we want to do."
Mr. Plummer: O.K., I guess the like response would be appropriate from
US.
Ms. Salaga: But this request is not coming from the university. This
request is coming from the museum itself and I am representing the board
of directors. The university's participation is to allow us to secure
the State's matching funds. We are not asking the City to match the
construction funds. We are only asking the City to give us the opportunity
to provide the master planning funds at the start of the project.
t Mr. Gary: We have a recommendation that this request be denied. It is
basically an educational function and it will be my suggestion that we
have 87,500 instead of having a children's museum, that we have some
more day care and more food programs in the City. As you know, we have
expended all of our social service program money and we still did not
have enough to take care of the basic needs.
Mayor Ferre: Ms. Salaga, let me tell you it is always hard to turn down
anybody who comes before the Commission in good faith and good will, but
we have had to turn down people for food programs and day care center
programs and social programs. We just simply cannot afford...I think
• it would be incongrous for us to be voting for a cultural program, as
• beneficial as it is, and at the same time turn down people who have
programs for the indigent and social programs that are much needed that
we simply don't have the money to do. The Administration has recommended
against this. I don't think you have the votes here to overturn that.
I apologize for making you wait so long. I'm sorry.
------------------------------------------------------------------------
43. REQUEST CITY MANAGER TO HAVE MR. CLARENCE PATTERSON, DIRECTOR,
DEPARTMENT OF SOLID WASTE, TO BE PRESENT AT THE NEXT CITY COMMISSION
MEETING TO EXPLAIN NOTICES BEING GIVEN TO RESIDENTS IN CONNECTION
WITH THE PLACEMENT OF TRASH ON THE STREETS.
Mr. Plummer: I just want to know, Mr. Mayor, this thing that was stuck
on my door that says that if I don't put my garbage or trash out the
night before the schedule on the back of this thing -and it gives the
dates- it says that I can be cited and prosecuted. Can I cite and
prosecute the Sanitation Department if they don't be there on the day
that they state, because they never are.
Mayor Ferre: Do you want an attorney to defend you on that one too?
Mr. Plummer: No, I'd like for Mr. Patterson to defend why these schedules
are not being kept. As a matter of fact, I will make a motion that Mr.
Patterson appear at the next Commission meeting and so defend. I so move.
MAR 2 9 1984
4
y.
`
.
Mr. Dawkins: Second, gladly!
z,
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t
Mr. Patterson: If he's not here we will cite
and prosecute him.
Mr. Carollo: I can't go along with that. If
that would be an Anglo
—
Department Head, you guys wouldn't do that to
him. Iim not going along
-
with that.
—
Mr. Gary: Did you get...was your trash to be
picked up today?
Mr. Plummer: No, my trash is to be picked up tomorrow.
Mr. Gary: Did it get picked up today?
Mr. Plummer: My garbage got picked up today. My trash didn't.
Mr. Gary: Your trash did get picked up today.
Mayor Ferre: There is a lot of question about that, Plummer.
Mr. Carollo: Some people say they can't tell the difference between _
your garbage and your trash.
Mayor Ferre: I think he got you on that one. Call the roll.
Mr. Plummer: Who told Patterson I was going to bring.this up? Somebody
done warned that sucker!
LAUGHTER.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 84-341
A MOTION REQUESTING THE CITY MANAGER TO HAVE MR.
CLARANCE PATTERSON, DIRECTOR OF THE DEPARTMENT OF
SOLID WASTE, PRESENT AT THE NEXT COMMISSION MEETING
TO EXPLAIN THE POLICY PRESENTLY IN EXISTENCE REGARDING
THE ISSUANCE OF NOTICES GIVEN TO RESIDENTS OF THE
CITY IN CONNECTION WITH THE PLACING ON THE STREETS
OF TRASH AND GARBAGE AT DESIGNATED TIMES AND DATES.
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.
44. DISCUSSION OF REQUEST FOR LIQUOR LICENSE AND MEMBERSHIP IN THE
COCONUT GROVE SAILING CLUB.
Mayor Ferre: I have a little pocket item on the Coconut Grove Sailing
Club.
Mr. Carollo: Do 'ou want to become a member of that too?
Mayor Ferre: Mr. MapA ger, I don't think that we need to pass a resolution,
but I think through your office.I would like for the Administration to
write a letter to the Coconut Grove Sailing Club. I'd like to know, sir,
I understand that they have 660 members. They now charge $1000.00 to
join. I'd like to know out of the 660 members, how many of them pay
ass
MAR 2 9 1984
{4
E
t
t
Mayor Ferre (Con't): the $1000. and how recently that was instituted;
because I think one of the ways you assure that some people don't become
Id
a part of the club is you make the ante a little bit high and difficult.
j This is, as far as I am concerned, a quasi -public club. I would like
to have that information available. The other thing I would like to
know is from the Law Department, but through you, I'd like to have the
information as to what the rules and regulations and ordinances are
regarding liquor in parks. Since this club is in the middle of a park
and surrounded by a park on three sides, I'd like to know exactly what
r =.
the rules and regulations are for the serving of liquor in parks.
Mr. Carollo: Find out if they have a private beach too.
Mr. Gary: Private beach? Yes, sir.
--------- ---------------- ------------------------------------------
45. DISCUSSION ITEM REGARDING PURCHASE OF TEMPORARY TRASH RECEPTACLES TO
REPLACE THOSE STOLEN OR DESTROYED (See later same meeting.)
Mr. Gary: Mr. Mayor, we have a trash receptacle outside....
Mr. Plummer: Is that Patterson's new bubble headquarters?
Mayor Ferre: Have it hauled away.
Mr. Gary: The existing trash receptacles we have are not sturdy and
are not beautiful. They are easily stolen, misused and abused. We
have worked out something with the Downtown Merchants Association, the
Downtown Development Authority and our Planning Department, and we have
come up with a trash receptacle that we think is not only functional,
but aesthetically beautiful, and it is not easy to damage. We would
like for the City Commission to permit us to go out and secure these
receptacles so we can start placing them in the City. In the meantime
we are going to have to buy some receptacles on a temporary basis to
replace those that have been destroyed and I would like to get permission
to also do that. Since nobody is concerned about trash....
Mayor Ferre: Yes, what is it you want? Do you want a motion?
Mr. Gary: Yes, sir.
Mayor Ferre: That specifically does what?
Mr. Gary: That specifically says that we can go out and purchase on
a temporary basis some receptacles....
Mayor Ferre: How many do you need? Are you guys against them?
How many do we need?
Mr. Gary: A hundred.
Mayor Ferre: I so move that we get a hundred of those receptacles.
Mr. Gary: The temporary is a hundred. The temporary ones that we need
immediately because it's going to take us some time to order these.
Mr. Carollo: Do you recommend these, Peter?
Mr. Peter Joffre: Are these twenty-five -allons?
Mayor Ferre: Yes.
Mr. Peter Joffre- Twenty-five gallon cans.
Mr. Carollo: Where are we buying these from?
Me. Peter Joffre: The question I asked, these are twenty-five gallon
cans? 67
MAR 2 9 19"
sl
Mr. Gary: Did you see the one out there?
Mr.
Peter Joffre: I've seen the one out there.
Mr.
Carollo: Where are we buying these from?
Mr.
Peter Joffre: With that I have no problems.
Mr.
Carollo: They are going for public bid?
Mr.
Gary: Yes.
Mr.
Pierce: Of those we need about 500 for city wide application.
- Mr.
Gary: These will be put not only in downtown, but also in neighborhoods.
Mayor Ferre: These are the 100 that we are buying now to get over
the
hump.
Mr.
Gary: No, the 100 that we are buying now are the ones similar
to what we have now because we have a lot of damage now and a lot of
the
ones have been stolen. That's to carry us for the next, probably,
six
months; because it is going to take about six months for us to
purchase, design, and get these delivered.
Mayor Ferre: All right, Plummer moves.
Mr. Plummer: No, no, no, we're going to look at the garbage cans.
Mr. Carollo: We have to look at the garbage cans.
Mayor Ferre: We'll do it when we come back.
WHEREUPON, THE CITY COMMISSION WENT INTO A
BRIEF RECESS AT: 4:25 P.M., RECONVENING AT: 5:25 P.M.
WITH ALL MEMBERS OF THE COMMISSION FOUND TO
BE PRESENT EXCEPT FOR Commissioner Dawkins
and Commissioner Perez.
-------------------------------------------------------------------------
46. LONG DISCUSSION AND DEFERRAL OF CONSIDERATION FOR THE REQUEST FOR
ZONING CLASSIFICATION FOR PROPERTY LOCATED AT 2900-2950 S.W. 32ND
AVE. AND 2901-2935 S.W. 32ND AVE. PENDING TRAFFIC/ENGINEERING REPORT
IN CONNECTION WITH A PROPOSED McDONALD'S RESTAURANT.
Mayor Ferre: The first item to come before us is item number 1, which
we agreed to take up at this time. Walter, are you going to speak to
this issue?
Mr. Richard Whipple: Mr. Mayor, the Planning Department recommends
approval of this item. This is an item which was initiated by the
department in correction of some zoning considerations in conjunction
with the adoption of 9500. We believe this application is equitable
with respect to the uses that exist in that area and provides the
proper zoning that should have been provided at the time the ordinance
9500.
Mayor Ferre: As I recall this morning we postponed this for the
afternoon to let the banks have an opportunity to think their position
through and address the Commission. I will now recognize the representatives
of the property owners.
•
1•
sl MAR 2 9 1984
Mr. Harvey Zeigler: My name is Harvey Zeigler. I'm an attorney. I
represent Financial Federal Savings and Loan Association. I really
Just found out about this starting as of last night, I made some
preliminary review really this afternoon. We are the owners presently
of seven units in the Grove Paradise Condominium, which lies to the
south side of West Trade Avenue on the west side of 32nd. Our concern
with the project is only as to the westerly parcel, which is to be
rezoned, apparently for a further restaurant use to Ujuv's Restaurant
there being closed down. We have a great deal of concern with the
proposed traffic patterns for the drive in or drive through facilities,
because it calls for a traffic flow as near as we can tell on this
short situation, which would bring drive through traffic out onto
Dixie Highway without a deceleration or acceleration lane in 32nd
Avenue. I think it is fairly obvious, when you get the backup in
dangerous situation which would have to exist there, that the traffic
would then have to find its way out onto West Trade Avenue, which would
create a problem in front of the property which we own.
Mayor Ferre: Now which is the property which you own?
Mr. Zeigler: We own eight units in the Grove Paradise Condominium,
which lies right where he is pointing on lots 14 and 15. We also
have mortgages on another eleven units in that condominium of the twenty-
four, so we have a very substantial property right. This additional
traffic flow in addition to being a danger to the general public with
traffic in a drive through facility going onto Dixie Highway would also
create a serious problem in front of the condominium when they try to
get out the easier way on West Trade. We feel that the property on the
eaut side is properly the subject to rezoning because it is part of an
already existing commercialized area with the Zayre store just to the
east of it. However, we think that 32nd Avenue serves as a natural
buffer from the commercial use and rather than continuing with the
nonconforming restaurant use on that side, it should go back to the
original zoning which would make it more compatible with that side
of 32nd Avenue, which would either be residential or light office use.
That, as of this point, is the substance. We really haven't had time
to fully study it. From what I have been able to see, I don't think
anybody has fully studied the traffic implications of this. We'd be
happy to meet with the proponents of the plan, if the matter were to
be deferred to see whether the traffic pattern would be as we suspect
it would be and cause the problems with which we are concerned or
whether something could pe worked out after everybody has studied it
to make it a more orderly kind of situation.
Mayor Ferre: Could we, then, get from the department an answer to that.
Did the Public Works Department and Mr. Cather or whomever is involved
with that study the traffic egress and ingress?
Mr. Whipple: There are two points, Mr. Mayor. Number one, this is
a request for change of zoning, as I indicated, initiated by the Planning
Department to consider what we felt was an inequity in the application
of....
Mayor Ferre: It is a valid question, nevertheless.
Mr. Whipple; It is a valid question. We have had the opportunity to
review their plans as they are today. We have no problem with them.
Number one, we are not rezoning any additional commercial property
as was suggested. The property at the corner were Mr. Perez is pointing
is presently —was zoned commercial and has been used until recently
for commercial development similar to the development that is going
to replace it. They are going to remove the structure. It is our
understanding that they are going to remove the structure and restructure
the drive in stacking and the circulation on the site. They are eliminating
the one dangerous....
Mayor Ferre: Have you drawings of all this?
Mr. Whipple: Yes, sir.
1
sl MAR 2 9 1984
Mayor Ferre: Could I see the drawings? Would they use the building
that's there or would this be a new building that they would....
INAUDIBLE RESPONSE NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Where is the stacking lane?
INAUDIBLE RESPONSE NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: I see.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Whipple: Well, there really isn't sufficient opportunity to provide
any acceleration lane at that point due to the proximity at the inter-
section, which is the same condition that exists there today.
Mayor Ferre: Wouldn't it be better if they came in strictly through
32nd Avenue and have...I think this thing on South Dixie Highway is —
a very dangerous thing. As it is, all these buildings, you know, that —
have cars backing out and driving out of these openings along Dixie -
Highway is a threat to life and limb.
Mr. Whipple: Well, it is a difficult situation, Mr. Mayor.
Mayor Ferre: Is there any reason why, for example, they couldn't go
in and out just on 32nd Avenue?
Mr. Whipple: I think that's restrictive, but I'd have to let the
applicants respond to that.
Mayor Ferre: They also have another road, which is West Trade Avenue,
so there really are two places where they can go in and out of the
property without having to go in and out L.S.-1.
Mr. Whipple: My response and my familiarity with the plan that they
propose is that to get in and out from 32nd is quite difficult, even
at that point. To move the driveway, say more toward the center of
the property, causes a problem with the location of the building. When
you move the building, then you start restricting the parking on the
westerly side.
Mayor Ferre: Don't misunderstand. What I'm saying is no egress on
_ U.S.-1. In other words, let them go out on 32nd and on West Trade
Avenue. Of course that is not before us at this time.
Mr. Whipple: That's correct.
Mayor Ferre: So there would have to be a restrictive covenant on
your part to accomplish something like that. Anything else you want
to add? Any questions of the attorney or the Administration?
Mr. Plummer: The only thing that I, Mr. Whipple... clarify this for me.
Basically what in item one is being addressed is zoning.
Mr. Whipple: Yes, sir.
Mr. Plummer: How does that relate to a plan that is before us? Are
they asking for a variance?
Mr. Whipple: No, sir.
Mr. Plummer: So, in other words, what you are saying is that they have
to volunteer a covenant,that there will be no ingress or egress on
Dixie or on Trade. Is that what you are saying? Or is that what the
Mayor is saying?
Mayor Ferre: Yes.
Mr. Whipple: That's what the Mayor is saying.
70
sl MAR 2 9 1984
Mayor Ferre: I have no problem with West Trade or 32nd.
Mr. Plummer: But I think this man here would.- I think that is what
his objection is.
Mayor Ferre: I stand corrected. I'm sorry.
Mr. Whipple: We have been proffered to the department a plan with a
letter that this is their intention. As you know, this came forward
because this is what they wanted to do and they wanted to make sure
that everybody was aware of it. We have those plans and that letter
on file, as to that development at this point in time.
Mr. A. D. Rhoades: Basically, what Mr. Whipple has said, the present
corner where the property exists on 32nd Avenue is almost right by the
corner. We are proposing that it is not back in the middle of the
property, the exist. No problem as far as on U.S.-1 coming into the
property; that's why we are trying to do the exit on 32nd Avenue.
This item originally....
Mayor Ferre: Yes, but the existing doesn't make me feel any better.
Mr. Rhoades: Well, we'll meet any requirements that the City requires.
Mr. Garcia -Pedrosa: No, we don't require anything.
Unidentified Speaker: I have a concern with the conversation as I'm
hearing it today because this is proposed by the Planning Department
as a rezoning project, but it really seems to be a zoning variance to
permit a particular developer to do a particular thing with a piece of
property and the normal objections we *sight be able to raise and make
to a variance request by them are being put aside by this coming to
you as a Planning Department rezoning request, when it's really a
special request on behalf of a particular developer to build a thing
certain on that property. I think the whole thing is improper the
way it is being presented.
Mr. Rhoades: Mr. Mayor, this property was zoned C-2 property. It was
purchased and built under all the requirements. We dedicated ten feet
- of the property and built a Wov's under proper zoning. In your master
planning, when you went over the whole entire City, this particular
property, on the zoning map, was an empty lot. I believe that at the
time the Planning and Zoning made this recommendation, they downgraded
the property. So, when they realized what they had done, the Planning
Department instigated this themselves to put the proper zoning that it
• was. The land was purchased as C-2 property, built as C-2 property and
so on. In the meantime, we have since negotiated with McDonalds to
either come in and take over the present building as is which could
be left there, or to tear it down and rebuild under the proper zoning
that we're here. We had public hearings and these people should have
been notified and were, accoring to the records back in December. We
had a Planning Board Hearing in December 7th. We had a Commission
meeting and it passed unanimously. We had a Commission meeting on
January 26th; it passed above on first reading.At its meeting of
February 28, 1984, the City Commission continued action on this
because of Mr. Plummer requiring and requesting, he was interested in
the back up. We have shown that the back up has ten cars instead of
the present six that is there now. The restaurant was there before
this Paradise was ever built, period, under proper zoning. So this
is all. We're here on a zoning to get it to pass on second reading, period.
Mr. Plummer: Let me put one thing on the record. It's really irrespective,
because they did redo their stacking on premises and they did comply with
what I thought was a good compromise of at least ten automobiles. Mr.
Whipple, somewhere, let me tell you where we have fallen apart. As I
read 9500, the item I am!speaking about now is item 11. It was my request
not just of banks and restaurants, but any business that is catering to
a drive in facility— O.k.?
Mr. Whipple: That is correct.
sl
71
MAR 2 91984
0
0.
Mr. Plummer: Well, the way I read this is restaurant drive-in, article 36.
Mr. Whipple: Mr. Plummer, let me back track just a second. As you know
this amendment does not amend the section which requires a number of back
up spaces. That amendment will be before the Planning Advisory Board at _
the end of April. Now, during the interim period, if this amendment passes,
we have a class C permit that would be issued by the Planning Department,
of which we would review it in light of the standards that will be before
the Planning Advisory Board and eventually befo,:e the City Commission.
The necessity of the amendment also is with the fact that another oversight
of 9500 does not permit drive-in windows in all of the commercial districts
that they used to be permitted in. This amendment changes that and we will
further change it as to the numbers of stacking.
Mr. Plummer: Mr. Whipple, you know my original complaint. It applies to
drive-ins in which they do not provide adequate off street stacking....
Mr. Whipple: Which includes all drive-in facilities.
Mr. Plummer: ....and then throws out onto the main roads and it becomes
a dangerous situation on the main streets.
Mr. Rhoades: This new plan, Mr. Plummer, calls for ten back up.
Mr. Plummer: That's not... yours was submitted. You've revised it and
I said I wasn't speaking to that.
Mayor Ferre: Does anybody else wish to address the Commission?
Mr. Whipple: Just something that didn't come out clearly, perhaps, in
the record was that the zoning that the subject properties were under
is an RO-2.1 zoning. In other words, it went from a C-2, under the old
zoning ordinance, to a residential office. We have a standard station,
a Wov's, and a small apartment building that are involved in this.
Mayor Ferre: And they are not in compliance with the zoning the way it
is now.
Mr. Whipple: Yes, sir.
Mayor Ferre: My concern is access on U.S.-1 and people driving out at
that point. I also understand the concern of the property owners that
are south of West Trade Avenue, which is basically a residential community.
Now, you said that you would profer a covenant that would restrict egress
and ingress on U.S.-1 and West Trade Avenue?
Mr. Rhoades: We have —there is egress and ingress on U.S.-1 now. We
have now... there's two other areas that have been added to where the
exit was, almost on the corner of U.S.-1 and 32nd Avenue has now been
moved back almost to the center of the property, which will allow better
egress on 32nd Avenue.
Mayor Ferre: Does McDonald have a traffic engineer on this? Who is the
traffic engineer?
Mr.Rohades: Mr. George Mendez.
Mayor Ferre: Is he local?
Mr.Rhoades: With McDonald, yes, sir.
Mayor Ferre: Is he a McDonald employee?
Mr.Rhoades: Yes, sir.
Mayor Ferre: Mr. Whipple, -.has Don Cather and they looked at this problem
of ingress and egress on 11..S.-1?
Mr. Whipple: Not specifically, no, sir.
12
MAR 2 91984
sl
arm-
0 0
Mayor Ferre: I tell you what. I would like for Mrs Mendez to meet with
our Departmental people who do traffic at both the City and the County
and come back with a report. I want to tell you where I am. This is just
one person out of five. If they tell me that there is danger of ingress
and egress out of U.S.-1 into this property, then I have some very serious
misgivings on it. I just want to let you know. Now, if they say that there
is no problem and they don't see any problem, then I don't have a serious
problem. The other thing that I need to address is the issue of the
residential nature of the RO 2 1/4 and the RO 2-1/33 immediately adjacent
and across the street on West Trade Avenue and how these people get impacted
by traffic moving in and out of that McDonald at West Trade Avenue. That
to me was a consideration I must admit, less important than the safety
aspects of South Dixie Highway. Therefore, I ask this item be deferred
until we get this report in hand.
Mr. Rhoades: We can't get this passed on second reading with the conditions
that you ask, sir?
Mayor Ferre: Well, you can if somebody makes a motion and votes for it,
but I'm not voting for it.
Mr. Garcia -Pedrosa: We're not putting in any conditions, Mr. Mayor.
Mr. Plummer: The will volunteer. There are no requirements.
Mr.Rhoades: Mayor Ferre. I think there is maybe a misconception.
As I understand, this piece of property was zoned and can continue to be
used as a restaurant.
Mr. Whipple: That's right.
Mr.Rhoades:Notice it has been and was.
Mayor Ferre: Well, then what are they doing here? I'm totally confused.
If they can do it, why are they here?
Mr. Whipple: They can continue to operate the existing facility as it
is today. However, they desire to upgrade the site with the new facility,
and they cannot do that....
Mayor Ferre: I have no objections to that and would be willing to vote
for it provided you give me a green light from a traffic point of view
of ingress and egress out of this property into the rapid transit, U.S.-1.
Mr.Rhoades: Mr. Mayor, a's I'understand what happened. Commissioner
Plummer....
Mayor Ferre: How are you involved in this?
Mr.Rhoades: I'm involved as as a real estate broker for the owner.a.
As I understand, Commissioner Plummer said I'm concerned that there isn't
enough stacking lanes for people who are waiting to get food. So they said,
"We're going to move the building at his request."
Maor Ferre: That's his concern. Now, do you want to listen to my concern?
Mr.Rhoades: Now the other thing was the property owners on the
south side of West Trade. The property was a Wov's restaurant before that
was built. Now they are coming back and saying, "No, because the Planning
Department made a mistake, which they admit, we now would like it to go
back to residential."
Mayor Ferre: Look, I have less of a problem with the West Trade Avenue
ingress/egress than I do on U.S.-1 ingress/egress.
Mr. George Du Breuil: It's existing now. there is egress and ingress
there now.
Mayor Ferre: Well, then leave it the way it is. But if you want me
to vote on this, you need to get a traffic engineer with the City or
the County to talk to your traffic engineer and convince me that it makes
sense. ry�
(( Ma 2 91984
Mr. Rhoades: Any entrance on the U.S.-1 has to be dangerous.
Mayor Ferre: Good, then don't have it and have it into 32nd and West
Trade Avenue and you proffer that voluntarily and that satisfies us,
INAUDIBLE RESPONSE.
Mayor Ferre: Yes, I think I might accept that. You get me a traffic
report that you can have ingress and no egress. Is ingress more dangerous
than egress? Which is the dangerous one?
Mr. Carollo; Egress.
Mayor Ferre: Which is the most dangerous? When you slow down to turn in.
Mr. Plummer: 50/50, take your choice.
Mr. Whipple: It's 50/50.
Mayor Ferre: Well, you get me a traffic engineer report that's not dangerous
and you have my vote. You don't get a traffic engineer report to say that's
not dangerous, you don't have my vote. That's one person. You have three
other people to work with.
Mr. Hayden Greaves: Mr. Mayor, my name is Hayden Greaves. I am a realtor
also. I'm involved in this transaction. I've been here for each and every
one of the hearings that have been involved. I'm confused at this point,
because it appears to me that McDonald's Restaurant, who*had submitted a
plan to the City for a building permit is...in fact this is their hearing,
when in fact, it was my understanding from the very beginning that this is
the applicant is the City of 'Miami is own Planning Dept. to correct a situation
which they saw and that is the situation that is involved here today, or
has been.
Mayor Ferre: Look, all I can tell you is that you have heard my position.
That's one man's opinion. There are three, four other people in this
Commission. I'll do whatever the majority... obviously, this City will
do what the majority of this Commission wants to do. As far as I am
concerned my position is very simple. I will do it in the form of a
motion. I will move that this item be deferred until the City of Miami
and the Metropolitan Dade County traffic engineers have an opportunity
to look at the problem of ingress and egress on U.S.-1. Then at that
time, I'll be ready to vote for it.
Mr. Plummer: There is a motion. Is there a second? There is a motion.
Is there a second? I will pass the gavel, and I'm going to tell you why.
I'm going to second the motion. For fourteen years that I've sat on this
Commission, there has never been a time that a Commissioner asked that
an item be deferred and it was not granted. George, I had my problem
resolved and that is true. The Mayor has a problem. He has asked and
I for one, will grant it any time. I don't know of a time in the history
of this Commission, that a request by a Commissioner was not granted.
For that reason I will second the motion. When I asked, it was granted.
So, who is running the mutiny?
Mr. Du Breuill: How long would this be....
Mr. Plummer: As soon as you come back with the traffic, I guess.
Mr. Du Breuil: Coul3n't that be controlled by the City as far
as the ingress and egress of a piece of property?
Mayor Ferre: No, you get Mr. Mendez to sit down with our Public Works
Department and with the County traffic people to talk about this and
you come back with a repott.
Mr. Plummer: May I offer'a suggestion to you?
74
MAR 2 91984
Mr. Plummer: Let me offer a suggestion to you because it has been done
on every new construction on Dixie Highway. That is, and I don't know,`
I'm not an architect, but I'm going to recommend to you that if it can
be done on Dixie Highway that some kind of a deceleration... the shopping
center has it. The new buildings on 22nd Avenue have it, that there is
some kind of a deceleration lane off Dixie. You show none now because you '-
show.
Mr. Carollo: The lot isn't big enough, J.L.
Mr. Plummer: If they come to the corner, because it doesn't affect the
southbound. It only affects the northbound. That's my suggestion. I'm
not an engineer.
Mr. Rhoades: Just one suggestion, if I might. Back to the
applicant in the real situation here as returning the property to correct
zoning; if that were to be approved, I would think that Mr. Whipple would
be in a position to ask the proponents or the builders of the new restaurant
to come in and work this out with the engineers.
Mr. Plummer: Can't do it, sir. When you get a change of zoning you can
come here and tell us and draw any pictures you want, but once you get
your change of zoning, you can then the next day do anything you want.
That's why we cannot demand or say, let you say, whatever the City requires,
because there are no requirements. You have to volunteer a covenant. Now,
I would strongly also suggest to you that if in fact it comes back from
the traffic engineering that says that there is a problem, so that you are
not delayed, you come with a covenant of whatever you want, because if not,
you will get delayed for a covenant, because that has to be in hand prior to.
Unidentified Speaker: Just so that I can get this clear in my head. if
the zoning is denied, -it hasn't been voted on yet- I'd have to come back
with....
Mayor Ferre: The motion is....
Mr. Plummer: Not to deny.
Mayor Ferre: The motion is to postpone to the next zoning hearing, which
will be....
Unidentified Speaker: And that is a month from now.
Mr. Perez-Lugones: April 26th.
Mr. Plummer: You are in ample time, George. You are not out the door
on the time.
Unidentified Speaker: What day would it be
Mr. Plummer: The 26th of April. You have 36 days and that doesn't run
over the time.
Unidentified Speaker: Well, it does, because we've been held uo twice
before we expected it to be closed down as a contract....
Mr. Plummer: I'm speaking to 36 days as far as the zoning is concerned.
You are not locked out.
Mr. Arthur David: Mr. Mayor, if I might a moment, I'm Arthur David. When
Wov's went in there some five or six years ago, that curb cut was there
and it was approved. There is nothing physical that has changed about
U.S.-1 in the northbound property. That restaurant has operated there
for five years withoµt an -accident of any sort of either egress or ingress.
_ It was never called to anyone's attention. It was never requested by the
Planning Board or anyone else. So I think it is grossly based on...I
think there might be a problem on Dixie to prevent these people to
continue with it for another month.
75
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MAP, 2 91984
■
r
Mayor Ferre: Let me put it to you this way, so you will know on the
record...I will say on the record I will not vote for any redevelopment
or development of any kind that we have any say or control of on Dixie
unless if there is an opportunity to ingress and egress in places other
than U.S.-1. If I have anything to do with it, I will do all I can to
make sure that they egress and ingress out of U.S.-1. For example, there
is an office building, which is right off 22nd; I think that is the biggest
and most unbelievable traffic death trap that I have ever seen. How in
the world we ever permitted that to happen is beyond me. We probably
didn't have anything to do with it, because they probably did it all
within the law and didn't get any variances and didn't change any zoning,
and I know that people have a right to get in and out of their property
but I want to tell you that is such a dangerous...no wonder they're empty.
They are having a... that property has been up for two or three years, that
office building and I think they are not even half full. You see signs
of, you know, come in here and lease office space, and I understand that
you can get office space there for one third of what you pay in downtown
Miami, which is three minutes away and yet they are empty; and the reason
they are empty, I think, is because of this problem of going in and out
of U.S.-1 and what a hazard that thing is.
Mr. Rhoades: Mr. Mayor, maybe I can help move along. On behalf
of McDonalds, I would like to ask if this matter could be deferred until
the next agenda, which would be April 26th, with one request. I heard
something maybe a little contrary from the City Attorney this morning.
In light of whatever is going on, is it possible or is this still considered
a zoning matter now that other matters have been brought to light to prevent
this to being treated on an emergency basis on the 26th?'
Mayor Ferre: I don't know, Mr. City Attorney.
Mr. Garcia -Pedrosa: You can't have emergency rezoning.
Mr. Plummer: Wait a minute. Let me ask this question. Mr. City Attorney,
this is not... they are not asking for an emergency. What they are asking
for is a waiver of the 30 days before it becomes effective law. They
are not asking for an emergency because this is second reading.
Mr. Garcia -Pedrosa: You can't do it.
Mr. Plummer: You can't waive the 30 days?
Mr. Garcia -Pedrosa: No, sir.
Unidentified Speaker: Well, we mentioned the indemnification this morning.
One of the reasons for this....
Mr. Plummer: Let me try to short circuit you. You've offered to indemnify
the City....
Mr. Garcia -Pedrosa: But I don't even think, if they think about it, maybe
they would want it, because what might happen is, indemnity goes to money,
but what if somebody goes into court and says, "You haven't complied with
the law."
Mr. Plummer: What they are trying to do is draw plans.
. Yes, this is the process to allow McDonalds to
process or begin the building permit process, subject to, of course,
the end of the 30 day period.
Mr. Garcia -Pedrosa: No, once the legislative act is complete....
Mr. Plummer: They're not ,arguing.
Mr. Garcia -Pedrosa: Let me explain what the legal situation is.
Mr. Plummer: Where's the beef?
76
MAR 2 9 19M
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Mr. Garcia -Pedrosa: Once the legislative action is complete, the fact
that it may not legally go into effect in 30 days later, does not prevent
them from continuing with whatever plans they wish. _
A -
Mr. Plummer: So, in other words, you could be the loser by someone
challenging in court.
Y
Mr. Garcia -Pedrosa: That's right.
O.K., forgetting that, is there any way that we
could begin processing plans prior to the 30 day, no approvals, just
getting the processing going?
Mr. Plummer: Yes, you can process.
Mr. Garcia -Pedrosa: Once the April 26th's second reading takes place
and if the vote is favorable, then you can do anything you want, except
that technically, the legal effect of what was done on April 26th will
not take place until May 26th, I guess.
. But we could then move with a set of plans and
start processing them, not being stamped off by the City until May...
whatever the 30 day period is.
. Mr. Mayor, you suggested that we get our engineer
with the City engineers as far as egress and ingress.
Mayor Ferre: You said you have a Mr. Mendez, who's your traffic man, and
I would recommend tomorrow you schedule a meeting between Mendez, our
traffic people and the County traffic people and come back with a report.
Thank you very much.
Mayor Ferre: You need a motion. This is a continuance until April 26th.
Mr. Carollo: There is a motion. There is a second. Is there further
discussion? Roll call.
Mr. Perez-Lugones: Mr. Mayor, I want to make sure for the record that
the deferral to a date certain is notice to those interested parties
that it is going to happen on April 26th. There will be no mail notice
to other than the applicants, which in this case is the City of Miami.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Perez-Lugones: I defer from that. Notice was served in January
this year on first reading for this City Commission meeting and on the
December for the Planning Advisory Board. That is a fact.
Mayor Ferre: In other words, you didn't send them a notice in writing.
Is that what you're saying? Because this morning you said you did.
Mr. Perez-Lugones: We did, but what I'm saying is that we're not going
to send notices again.
Mayor Ferre: But you did send notices.
Mr. Perez-Lugones: Yes, sir.
Mayor Ferre: O.K.
Mr. Plummer: For the record, will the attorney for the bank stipulate
that you are now on record of notice that there is a meeting scheduled
for this item on the 26th of April.
Unidentified speaker: Yes, I've heard all of that and I will eo on
the record to state that -I've checked with everybody at the bank and
they have never receiv+eq 4ny other notice even though they have been
a property owner there since before the first meetings.
Mr. Plummer: For whatever it is worth, we accept that; but you are
on record of notification for the next meeting.
77
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MAR 2 9 IS ON
Mr. Carollo: No further discussion? Roll call.
The following motion was introduced by Mayor Ferre, who moved
its adoption.
MOTION 84-342
A MOTION TO DEFER CONSIDERATION OF A REQUEST FOR
CHANGE OF ZONING CLASSIFICATION FOR PROPERTY LOCATED
AT 2900-2950 S.W. 32ND AVENUE AND 2901-2935 S.W.
32ND AVENUE FROM RO-2.1/4 TO CR-2/4, PENDING A
TRAFFIC ENGINEERING REPORT TO BE MADE JOINTLY BETWEEN
THE CITY OF MIAMI PUBLIC WORKS DEPARTMENT AND METRO
TRAFFIC AND ENGINEERING DEPARTMENT REGARDING INGRESS
AND EGRESS OF THE AFORESAID PROPERTY IN CONNECTION
WITH A PROPOSED McDONALD'S RESTAURANT; AND FURTHER
DIRECTING THIS MATTER TO BE PRESENTED TO THE CITY
COMMISSION AT ITS MEETING OF APRIL 26th.
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.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice Mayor Demetrio Perez, Jr.
47. DISCUSSION AND CONTINUANCE OF REQUEST FOR ZONING CLASSIFICATION ON
PROPERTY LOCATED AT 2226 S.W. 25th AVENUE AND 2511-2575 S.W. 22nd
TERRACE PENDING MORE INFORMATION AND RECEIPT OF A TRAFFIC STUDY AS
TO EGRESS, INGRESS, AND OTHER TRAFFIC PROBLEMS.
Mayor Ferre: Take up item 3.
Mr. Sergio Rodriguez: We finished the presentation this morning and
then Mr. Traurig was going to make his presentation for the benefit of
Mr. Plummer.
Mayor Ferre: Commissioner Plummer, this is for your benefit. We heard
it this morning and they requested you be present, so this is for you.
Mr. Plummer: Well, Mr. Train--g, ii you would, sir, make a brief presentation.
It is my understanding tr..c this is the old Saunder's Hardware now Video
Power House. Take it from there.
Mr. Robert H. Traurig: Let me begin again. I'll introduce myself and
our team or people. My name is Robert H. Traurig. I'm an attorney
with offices at 1401 Brickell Avenue. I represent Coral Way Properties
Inc., whose principals are Harold G. White, as president.
We're joined here today by Mr. George Maurice, who is the architect for
this project and Mr. David Plummer who is sitting probably obscured by
these drawings.
Mr. Plummer: For the record, no relation to the Commissioner.
Mr. Traurig: That is correct. The property, which is the subject of
this hearing is reflected first on your screen in the gold, contains
seven lots. It is also reflected in this exhibit in front of me, which
I guess is the same exhibit that you have on the screen. We are the
owners of this entire block that goes from 25th to 27th Avenue and from
Coral Way to 22nd Terrace. Almost the entire block is currently zoned
CR-2/7, as you can see on both our exhibit and your exhibit. These
78 1984
MAR � 9
sl .....
Mr. Traurig (Con't): seven lots are zoned RS-2/2. To give you a different
perspective, we own the entire block. These seven lots of the seven lots
in gold on your map, they are zoned RS-2/2. All other lots are toned CR-2/7.
I think it is important to recognize, and we have, that the south side of
22nd Terrace, oposite our property is a very nice residential area and that
the properties east of us, that is from 25th Avenue to the east and
properties south of 22nd Terrace are very nice and they are well developed
and they are well maintained. We have a duty to protect to the extent
possible the people within those areas. We think we have. We think
that our presentation will demonstrate that. I think it is very important
to recognize that we are one of the major intersections in Dade County,
Coral Way and 27th Avenue. We want to develop a parcel of property, which
goes for two blocks east/west and a block from north to south in a way
which will provide for an integrated well -developed, well coordinated
plan. We believe that we have done that. We are not seeking a change
in zoning in order to increase the density. We are seeking a change in
zoning in order to permit us the opportunity to do a better plan for
this parcel of property. -
Mayor Ferre: Could I see the plan, counselor?
Mr. Traurig: This plan, sir?
Mayor Ferre: Yes, the one you have on the floor. I just want to see
the site plan, yes. That's fine. Either one, I can't see that far away.
Mr. Traurig: Our problem is how do you develop the block as a cohesive,
well -planned unit and still protect the neighborhood to the south and
to the east? The Planning Department, in its comments to you, has said _
number one, that 22nd Terrace is a predominantly single-family street.
That is partially correct. Because our block is predominantly CR-2/7
and only the easterly portion of our block on the north side of 22nd
Terrace is zoned the RS-2/2. But because we have neighbors to the south
and to the east who are in the RS-2/2 area, we recognize the responsibility
to protect them and to act responsibly with regard to them. The Planning
Department goes on to say that the zoning of this property, as we have
requested it would set a precedent for properties to the east. I think
if one drives down 22nd Terrace and sees the_quality of the development
east 25th Avenue, the conclusion has to be reached that is a neighborhooa
that isn't going to change. It is a stable neighborhood and it has not
had any intrusions into that neighborhood. There is a great distinction
between what is west of 25th Avenue and what is east of 25th Avenue.
They point out that it's out of scale with the low density to the south.
I would like you to know and we have said this before and we will say
it often today that what we propose we could build whether or not the
RS-2/2 is changed to the CR-2/7, but by the rezoning of the RS-2/2 at
the present time, it will give us the opportunity to balance the project,
not to over -develop one phase of the project and under -develop the balance
of the project, but to have a balanced development on both sides of the
project. We are asking in phase I, which is the first phase that we
propose on 25th Avenue, that we be permuted to build a total of only
103,000 square feet. Our calculations demonstrate that even if we didn't
have the rezoning of the property that we seek to have rezoned, we
could build 85,000 square feet in this mixed use of phased office
commercial development, with a parking structure to the rear. We point
out to you that we could have the parking structure to the rear as a
transitional use, provided we don't go above 25 feet. We're not going
above 25 feet. We'll talk about that in a bit. We think this materially
enhances not only the aesthetics, but the functional relationships of the
proposed project. It gives us an opportunity to integrate it properly
so that the two phases of the project have architectural compatability.
Early in this process, it was -recognized that there were a number of
people in the community to the south and to the east who were concerned
and had objections to some aspects of the project. As a result, the
applicants commenced a series of meetings with those objectors to
identify the specific concerns and to develop a program for satisfying
those concerns. We are pleased to advise you that the Zoning Board has
recommended approval and that the dialogue with our neighbors has resulted
in what we think is a successful and mutually beneficial result. The
principal issues that were raised and which needed attention were how
to protect those property owners with regard to the traffic issues and
with regard to the landscaping issID and with regard to the issues
MAR 9 1984
sl
0
Mr. Traurig (Con't): of egress and ingress off 22nd Terrace and regarding
the architectural compatibility of the garage with the principal building
and between phases I and II. I think we have achieved a good result as a
result of our discussions. We have a covenant which commits to our neighbors
that we will do certain things and I think it is important that I not only
confirm to them what is in these covenants, which we have already given to
your staff, but that I make it a part of the record and I tell you on an
item by item basis what we propose to do. I think it is very important
for you again to reflect on the fact that we have the zoning on almost
the entire block that permits us to develop a very major project and that
the only portion which isn't zoned CR-2/7 could still have a parking
structure. I think also that it should be noted that the principal
building that we propose on phase I extend only 20 feet into the RS-2/2
district. So therefore, we are not trying to impose this major building
into the neighborhood that's to the south because between 22nd Terrace
and the principal building is not only a parking structure, but very
extensive landscaping, which we'll talk about in just a minute. I
mention to you that the parking structure was only 25 feet. We have
one basement level. We have two levels above grade. We have the 25
feet in the total of three levels with a landscaped roof and the lands-
caping along the perimiter and we think that provides the kind of aesthetic
treatment that will be beneficial to the neighborhood. Because you have
asked me to expedite this, I want to go through the issues that were called
to our attention by our neighbors and I want to give you the results of
those discussions. First of all, there were a number of neighbors directly
across the street from this project who indicated that they felt that this
would be a major intrusion into their neighborhood. Notwithstanding our
agreement with them to provide this extensive landscaping, we also agreed
that in the event that any one of those neighbors opposite these seven
lots felt that the development of this project would have an adverse
affect upon his/her property value, his/her peace and tranquility, we
would buy those houses from them. We would pay to them the fair market
value as determined by an M.A.I. appraiser, plus 30% of that fair market
value. So that if a property owner immediately to the south of us had
a $100,000 house, we would pay them $130,000. We did that to demonstrate
that we thought we could be good neighbors. We don't want them to move
out of the neighborhood, but if they feel that they should, we would give
them what is a very substantial profit on each one of those houses. Number
two, we have already negotiated with two neighbors and have agreed to pay
them that fair market value as determined by M.A.I. appraisers plus the
30%. We also agreed that we would develop substantially in accordance
with the site plan that had been submitted in connection with the hearing
and with the landscapE plan. Your staff indicated to me that they don't
have a landscape plan and they don't know the plan legend. I have to tell
you that I have confirmed with the architects that was delivered to staff
and it was part of the package. I have the plan legend in front of me.
Because I'm talking about landscaping and the plan that I handed out to
you had a landscape plan on it, but I want you to see this is the landscape
plan that is on the north side of the street. I would tell you that in
addition to the landscaping that we have proposed on our side of the street,
we have also proposed that we would put one very large shade tree in front
of each of the houses across the street from us. Although the covenant
that I have delivered indicates that shade tree would be not less than
ten feet in height, with a ten to twelve foot spread, I notice on the
plan legend that we commit here that the shade trees would be at least
sixteen feet in height because these are large shade trees and that
their spread would be 12 to 14 inches per tree. Consequently, we are
providing a very substantial visual benefit to the property owners on
the south side of the street. There was a question about the garage
facade. They asked us to make sure that the garage facade was architecturally
compatible with the principal building. We have agreed not only architec-
turally, but with building materials, we would be faithful to the basic
architectural facade of the principal building. The materials would be
similar to the principal buildings. They were concerned about ingress
and egress. At one time we had a drive in for a bank on the south side
of our property. We have removed that. At one time we had a garbage
depot. We have removed that.i-We have commited to them that there will
be no ingress or egress to our property from 22nd Terrace. However,
there is one small area which is reserved for the Florida Power and Light
truck so that it can service the transformer which is on the south side
of the property. That does not permit any breeching of the wall or any
entrance into the property. The garbage pick-up area has been moved to
all
CM
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Mr. Traurig (Con't): the east side of the property. They have asked us
to commit to work schedules, so that we wouldn't have workmen come to the
job early in the morning and particularly on week -ends and holidays and
disturb people who are trying to sleep, nor would they be working at night.
We have committed that the week -day work schedule would begin no earlier
than 7:00 A.M. and end no later than 6:30, and that week -ends we begin
no earlier than 8:30 and end no later 6:30.
One of the most important aspects of our plan as proposed and as
contained in the covenants that have been given to staff is that we
have committed to work with the neighbors. Commissioner Carollo
brought this up this morning to assist them in obtaining a T turn around
south of 22nd Terrace on 25th Avenue, so that the traffic that would
be generated by this project in no way infiltrate into their neighborhood
and affect their neighborhood. They have young children; they want to
make sure that the safety of the streets is protected. We have agreed
not only to work with them, but to stand here in front of you and ask
you to approve a T turn around at that location so that neighborhood is
protected. We will continue to work with them to achieve that. We have
together with them talked to Mr. Campbell of the Public Works Department.
The Public Works Department, I think, indicates that it will support that.
They asked us whether or not we have talked with the County. Mr. Plummer
has indicated to us that he has talked with the County. This is a local
matter to be decided by this Commission of the City of Miami. We have
also made numerous traffic improvements or proposed numerous traffic
improvements including signalization, widening, and so forth. Mr. Plummer,
we'll address those issues, if you care. Lastly, we have agreed that
before we could seek any change to those covenants which are explicit,
we would have to make sure that the notice of any proposed change is
sent to all the people within the 375 foot notice area. Subsequent to
that, I was asked by Mr. Pierce tonight whether or not we would agree
that on phase II of our project, and we are only asking right now for
phase I to be approved. We're asking actually only for the rezoning
of these seven lots, but we have given you a covenant with regard to
the development of phase I. He asked whether or not in phase II we
would agree to a unity of title agreement, so that we couldn't cut up
that property and have a multitude of different parcels. The answer
is yes, we will commit to a unity of title agreement and we will modify
the covenant that we have previously given to staff so that by the time
this comes back to you for second reading we will include a unity of
title agreement. I would like just very briefly to express my personal
gratitude to Arcenio Milian and to Randy Simpson who have worked with
us in order to achieve the results that I have just given to you in
brief form. They have been very fair. They have outlined what they
think the neighborhood needs for its protection. We have concurred with
what they have requested and we urge you to approve this application as
per the Zoning Board's recommendation. Thank you.
Mayor Ferre: Commissioner Carollo, this morning you said that you would
only vote for this provided there were certain covenants that were met.
Have those covenants now been met or are there additional things that
you were thinking of?
Mr. Carollo: Well, one, Mr. Mayor, was the close up of 25th Avenue;
that was mentioned. Of course, the other one is that 22nd Terrace
will be closed. There will be no entrance or exit at 22nd Terrace.
That is also included in the covenant. Am I correct, counselor?
Mr. Traurig: Yes, sir, but I must tell you, Commissioner that the
covenant saying that there will be no entrance or exit off 22nd Terrace
refers to phase I. There is presently....
Mr. Carollo: Your phase II there is an entrance and exit already. I
realize that. I'm not talking about the other project. I'm talking
about this one you have here.
Mx. Traurig: Yes, sir, we -have absolutely committed in the covenant
that there will be no 4Lngress.or egress off 22nd Terrace.
4
Mr. Carollo: Those are the two main concerns that I have. What I'd
like to do is hear from a representative of the neighbors to see if
there are any other areas that they have discussed that might have not
been included in the covenant, or to see if they all have been included.
MAR 2 9 1984
Mayor Ferre: Let's see how many people in the neighborhood wish to speak
tonight. How many of you are here from the neighborhood who are opposed
to the Commission granting this variance? Raise your hands so we can see
who you are. I see two people. Is that it? Do the two of you wish to
address the Commission?
Mr. Plummer: May I ask the converse? Are all of the rest of the people
that are here neighbors?
Mayor Ferre: No, they are here on other items?
Mr. Plummer: You are here on other items. Are there any neighbors here
that are in favor of this application? None present.
Mayor Ferre: Why don't you address the Commission. Bob, I would say
I don't know how much time you took, but I would imagine fifteen minutes
anyway. So, would you have any problems if we limit you to that between
the both of you?
Mr. Randy Simpson: I doubt seriously that it would take me anywhere
nearly that amount of time.
Mayor Ferre: You both have a cumulative of fifteen minutes.
Mr. Simpson: My name is Randy Simpson. I live at 2248 S. W. 25th Avenue.
As Mr. Traurig has pointed out, the developer and several of the neighbors
in the area have met together and have laid out pretty much what we feel
is necessary to protect the neighborhood. I don't want to stand up here
and say that I'm totally opposed to the project, because I'm a realist and
I understand what can be done on that property. I think it is important
to note that what is being proposed may affect future areas in the community
around that particular project. What we are mostly concerned with, and
I think the covenant pretty much takes care of it, but what we are mostly
concerned with is what happens once this zoning change takes place. What
happens to the rest of 22nd Terrace? What happens to the immediate community
from this project? This covenant that we have, not being an attorney, I'm
not completely convinced that it is as complete and as tight as it should
be to protect property owners in the future. That is basically my primary
concern. Secondly, it is of critical importance that we are able to achieve
a closure of 25th Avenue. The neighborhood has been suffering for the last
five or six years as a result of the Saunders and as a result of the Video
Power House. The encroachment of the traffic into the neighborhood has
been very dramatic.. We have a chance here to try and rectify that problem
that is causing the neighborhood to deteriorate on the peripheral edges,
which are the areas we are talking about here. It's extremely important
that we try slid use the situation as a means of correcting that problem
that has been perpetuated for years now. As a result of that, I want
to close and say that it's very important that we get 25th Avenue closed.
If we can get 25th Avenue closed, I think I can say for most of the
neighbors of the area that we'll consider our goal to be achieved and
that is to protect the neighborhood from future deterioration from any
development along Coral Way. Thank you very much.
Mr. Arsenio Milian: My name is Arsenio Milian. I am a property owner
in the area. As indicated by Mr. Traurig, we have been discussing with
him about some of the•ways that we can 'diffuse the negative imD8Ct that
this development is going to have in the neighborhood. We are aware
that this, regardless of what we do here today or what you decide here
today, is going to have.an impact. What we want to do is to reduce that
negative impact into our properties. That is the reason why we have been
trying to reach an agreement with the developer into these covenants in
which some protection will be given to the single family residential
areas, especially traffic. As you know, this more that 300,000 square
feet of office space and retail space, and we feel that the amount of
traffic that is going to be generated is going to infiltrate into our
single-family residential area, as indicated here before, a pretty stable
neighborhood. We want to reduce that as much as possible and we feel
that it is very importarit that the closure of 25th Avenue on 22nd Terrace
be approved. If, by any chance, that were not to be approved, then we
will be here today asking you for total denial. That is the important
point we are requesting.
82
MAR ea. 91984
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4
Mayor Ferre: You are talking about a second hearing?
Mr. Milan: Yes, a second hearing. The other issue that we were very
concerned with was the ingress and egress on 22tid Terrace. This is the
first time that we are going to have a parking garage that is going to
facing single-family residential area. I think they need to have some
protection. So, that's why we come here before you to beg you to consider
all of these considerations that we have to put into these covenants•
to protect as much as possible the properties that we own and most of
us have put all of our life savings into it. While discussing here today
something was brought to my attention that has not been included into
the covenant. It is my understanding now that if this were to be approved,
the zoning change to be approved, the developer at a later date could come
in and request conditional use for parking on the south side of 22nd Terrace.
As Mr. Traurig indicated, they have been buying come of that property.
Two of the houses have already been sold to them, or have been given the
opportunity to be bought by the developer. We don't have that opportunity.
At least my property is on 23rd Street and I have not been given that
opportunity. That's why I want to have the protection to reduce the
negative impact that this is going to impose on our property. I would
like to include in addition to the covenants already proposed, that the
developer would voluntarily agree not to use that land that they are
buying, those residential lots that they are buying on 22nd Terrace as
conditional use. I certainly wouldn't like to live behind a parking
lot. I think it is only reasonable that this be given consideration
and stop the additional intrusion into the residential areas.
Mr. Carollo: Mr. Traurig, even though you would need a'variance to have
conditional parking in that part of 22nd Terrace, which is across the
street from your property, that you are buying that, I'm sure that you
want to deal with good faith with the neighbors in the area. Do you all
have any objections in adding that to a covenant that you would not come
before the Zoning Board or the City Commission in the future to ask for
a conditional parking use for the property across the street.
Mr. Traurig: No, we don't have any objection to it. I think it is a
good idea. We unconditionally agree to it. We will add it to the covenants
between now and second reading.
Mr. Carollo: Nor rezoning.
Mr. Traurig: No, we will commit now publicly and we will add to our
covenant that we will not seek to rezone any of the lots on the south
side of 22nd Terrace nor to utilize any of those lots for parking
purposes. Those lots will be committed to single-family use. We once
again want you to know that we have a commitment to them to urge you
to approve this prevention of the traffic infiltration into their neighborhood
and we hope that you could direct your Public Works Department and others
in the City Administration to institute that at our cost.
Mayor Ferre: I certainly would go along with that. Bob, through you
to your clients, I don't see Mr. White here.
Mr. Traurig: Mr. White had to leave on an emergency at a quarter to six.
Mayor Ferre: But to his associates and partners and the people who are
involved in this whole thing, you see, what is happening here is the
typical and legitimate clash that is classical in Miami and that is not
the fault of anybody other than our growth. It is circumstantial. But
when Miami was laid out, planned and zoned, the upper system on major
commercial access did not take into account what was going to happen
and what is happening and what will be happening even more dramatically
in these major corridors, such as Coral Way and 27th Avenue and Bird
Road and other places like that. What's happening is that there is a
demand for alternate office space and alternate commercial space. For
example, let me give.you a classic example. I met with Citicorp the
other day. Do you know what Citicorp is thinking of doing? Tell Mr.
White and maybe he might want to pursue that as one of his clients.
Citicorp thinks that they are not going to pay $25-$30 a square foot
downtown, but they want to be close to downtown. They know that Brickell
is no longer good because Brickell is as high now as downtown. Brickell
is downtown. We have now mavp Brickell downtown. So what Citicorp is
83
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MAR 2 91984
4 1
Mayor Ferre (Can't): doing is they are saying, "Let's go ten blocks down.
What's the difference, you go in the car ten blocks more or less doesn't
make any difference." So you know where they are looking? Coral Way.
Because what they are looking for is they want $t5 office space. They
don't want to pay $25. They want to pay $15. Now, under the free enterprise
system, you know, the way these things happen is wherever the market place
says it is the cheapest, that's where you do it. For a company that is
very tough on dollars, like Citicorp, what they are going to do is they
are going to bypass downtown. Five years ago, they would have gone on
Brickell. Now they are going to bypass Brickell. Now they are looking
for Coconut Grove. They looked at Coconut Grove and Lord and behold!
Do you know what they found? It's too expensive. So they are looking for
alternate locations that they can get rezoned or that are less expensive
so that somebody can build a project for them for the 200,000 square feet
that they need so that they can be close to downtown but not pay downtown
prices. From their viewpoint, I understand. What happens is to someone
who is as smart and as able as Arnold White, what it does ... and this isn't
only Arnold White, there are ten Arnold Whites that are chasing after
Citicorp and others because Citicorp is not the only one. They will go
tie up some land, like this is a great move, the Saunders piece, great
piece. Saunders is thrilled, because they made a lot of money by selling
it. The owners are thrilled because they know they bought it for half of
what it's going to be worth in the next couple of years and they are going
to make it worth that because by rezoning those seven lots, you are conso-
lidating that block that is going to be a major development. We won't
be around —the next step, five or six years from now will be the next
block down. Somebody is going to -it won't be you- but' -somebody will come
here and will have bought that piece of property and will say, "Look,
we have this wonderful neighbor which is a five story building; there is
300,000 square feet. I don't know why you are discriminating against us.
If they have it, why shouldn't we have it? We have a great client. You
know, we are going to give you all these covenants. We're going to
beautify it and we're going to satisfy the Plummer Tree Fund and we're
going to give you 500 olive trees, black olives. We're going to give
you this and we're going to put a green strip and we promise you instead
of building 285,000 square feet, which is what v:e could do, if you gave
us the zoning, we are going to build 240,000. So we are being very generous.
In addition to which we will donate an ambulance to the local hospital
and we're going to make a contribution to the Mercy Hospital and the
Burn Unit and this and that. We're great citizens of this community."
Who can resist that? We're going to say, O.K., that's a great idea.
We want to put that on the tax rolls. We want to get taxes. Of course,
in the meantime, we will have moved out another 30 citizens who are maybe
fed up with the taxes that they are paying, as Joe said earlier, because
our taxes are going to be higher or are high. But everybody in this
terrible City where taxes are so high everybody wants to buy more land
and they are willing to pay twice as much to move in and houses that
told for $30,000 ten years ago, last year sold $150,000 and are now
selling for $190,000 and next year will sell for $220,000; and everybody
wants to buy them. What is happening is the classic clash between the
commercial area and the right of people to live in their homes. What
we do is this. Sometimes we say, hey, if I lived in lot 7 on 66th S.W.
22nd Terrace, I'd be very upset about this. You know, I bought my little
home and I've lived there for 12 years and I came from Cuba 21 years ago
and I've worked hard. It took me five years to get my license and it
took me ten years to get established. I bought this little home and I
put all my life savings in. Or I came from Georgia 25 years ago. I
lived there; my family grew up there. Here you are putting pressure on
them to move. What's going to move these middle class people out of
Miami, in my opinion, is not so much the tax burden, but the fact that
the growth of Miami is putting the burden upon them to move to more
residential areas. What in effect we are doing is because of this
creeping, if you will, progress, and who can stop it as we are very slowly
letting go relentless match of more and more. That's good from the City's
coffers; we tax them and get more money. That's not bad. That's good.
I'm all for that. The bad thirkg is that we, in effect, are forcing the
Milians and others in this neighborhood to either sell to Arnold White
or whomever comes along with it, because I see Jay Janis is involved
in it too. It won't be White; it will be Janis or it will be somebody
else. They will start accumulating land slowly. Because, you see,
right now that piece of property, that little house for $130,000 or
84 MAR 2 9 1984
sl
i
Mayor Ferre (Con't): $180,000 is good for the person who bought the
house for $25,000, but if you put all of that block together and you
start getting those 21 lots and five years from now somebody rezones
it to CR-2/7, those $180,000 homes multiplied by 20 and put together
into a block is worth five times that. And so on, and on, and on.
The question is where do we draw the line. I have to tell you I'm
not smart enough to know. I really don't. I don't think anybody
around here has given anybody a magic formula as to where the line
needs to be drawn. Sure, I know this is progress. I know there will
be a beautiful office building with landscaped gardens and a beautiful
mall and there will be a bank building and there will be all kinds of
great things.
Mr. Traurig: Mr. Mayor, in order to assist the process of preventing
that creeping encroachment, we have indicated to Mr. Milian and to
Commissioner Carollo that we will amend our covenants to preclude our
seeking of the rezoning of that property.
Mayor Ferre: Yes, sir, Mr. Arboleya.
Mr. Carlos Arboleya: Mr. Mayor, I have a question. I apologize because
it may have been answered before I came in. I am a resident of 1941
S.W. 23 Street, where I own several pieces of property. What kind of
a precedent is this rezoning situation going to create? I've heard
you speak a little bit about it. But are going to be faced with
continuous requests of all of the other office buildings on Coral
Way to be acquiring the lands behind this? Is this something that
is going to be following and if so, I would like to state my opposition
to this rezoning. Not because I do want to get in the way of progress,
because as you know, I am very much for it, but I am concerned. I have
just spent ... and you know that I am a person of means that could have
moved out of the area. I happen to like Miami. I don't intend to move
out of Miami. But I am concerned, as it is right now, the amount of
traffic that is circulating through the streets, the amount of parked
cars. People who work in Coral Way park on residential properties, such
as mine. The amount of trucks that I see parked in there are in violation
of City ordinance and code...are not being properly, perhaps, patrolled,
so that we wouldn't have those vehicles stationed there 24 hours a day.
I think it is something that we must address. I must express my concern.
I do have great concerns. I am not in favor of a zoning change that
will begin what is going to undoubtedly follow. if this is granted.
Thank you.
Mayor Ferre: You know what is going to happen. It won't be Arnold White;
it will be somebody else. They'll start buying lots 1, 2, 3, 5, 7, 8,
right along 22nd Street, which is Coral Way. The next thing you know
they will start buying lots 36, 38, 34, 33, 32, 31, and they will put
together in four or five years a block of 20 of these lots and they will
come and they will say, if you gave it to Arnold White, which is my
next door neighbor, I've got a right for zoning. If you don't give
it to me, I'll go to court. If you'll look at the history in the City
of Miami of what happens when these things are taken to court, the judge
will send it back and say, "You are being arbitrary, City of Miami. If
you gave it to the guy on S.W. 22nd Terrace, 27th, and 25th, you have
to give it to this guy."
Mr. Arboleya: That is precisely my concern, and that's why I thought
I should appear before this Commission. Thank you, Mr. Mayor.
Mr. Traurig: I would just like to answer Carlos, and tell him it's
very easy to distinguish between 27th Avenue and where he lives. He
lives at 1941, he said, 23rd Street. So he lives between 17th and
22nd. We live on the major intersection in this area. I mean we have
the property, and there is a great distinction between the two.
Mayor Ferre: Into the record, because someday, Bob, when we defend this,
and we can quote you as an authority before the judge, in your opinion
there is a substantial, difference between rezoning the seven lots off
S.W. 22nd that you are asking for and the property that is immediately
to the south or to the east? Both of them I'm asking both. In other
words, before a judge this City maintains that even though we granted
these seven lots a zoning variance, that people across the street would
not be entitled to equal consideration.
5 �;'; 2 9 1984
0
Mr. Traurig: I think the answer is yes, you could defend the City's
position. I think that the distinction is that most of the block is
already CR-2/7; we are merely asking for the balance of the property
to unify the block. With regard to the property to the south, you
won't even have that problem, because we're going to restrict some of
those lots to prevent it.
Mayor Ferre: You don't own all the lots. You are evading my question.
Let me be very explicit. I know that what you say is not a guarantee,
nor are you a judge, and I know that we can defend that. That's not
my question. The one thing that I respect about you as a lawyer -I
respect a lot of things about you, but the one thing that I respect
about you as a lawyer in the practice of zoning before this and the
County Commission, as I've seen you practice is I've never seen you
lie. I've never even seen you get close to a lie. Sometimes you may
hurt your cause because when pinned to a wall, you have to answer straight.
So let me ask you and pin you to the wall. Do you think it would be a
valid, legal argument on behalf of a future City Attorney defending
this matter before a judge for us to argue and for the judge to accept
the premise that the property on the other side could be turned down,
either going east or south. Could we argue that there is a difference,
and that those people across either one of those streets indeed are not
entitled to have a similar zoning.
Mr. Traurig: Yes, I think you could, because I think that the block
that borders two section line roads that are the two major arteries
in this area are different than the other blocks. I would tell you
that if a property owner on the south side of 22nd Terrace, closer
to 27th Avenue wanted to extend the zoning from 27th Avenue further
to the east, he may have a hell of a shot. But I don't think that it
would occur as far east as 25th Avenue.
Mayor Ferre: I thank you for that and I think that is a good answer.
I think that will be valuable in the record. Any other questions?
Mr. Plummer: The first question is I think we are the cart before the
horse. Mr. Whipple and I have a disagreement. All of this, Bob, is
for naught because simultaneously, we do not have before us any application
for the closure of the alley. That is a separate action; I understand.
But if for some reason that application is not granted, all of this
basically we are whistling. Second of all, as you are well aware, to
live up to that covenant, which you are understand you are willing to
give of the street closure, must go before a public hearing. A public
hearing one, a tremendous outcry from people who presently abuse the
use of that street. I'm sure it happens. Second of all, if the street
is closed, what happens to it? In most cases, as you know, the abutting
property owners have split half and half if all of the property owners
agree. I'm seriously mulling through my mind, are we premature in the
application of zoning for a building, because as it stands right now
that which you propose cannot be done. It is my understanding. Without
the closure of the alley you just can't build what you are proposing.
You said you were only encroaching 20 feet. What you are presently are
doing is you are encroaching 40 feet, because you are taking 20 foot
of the alley and 20 foot into the present R-1. I'm just wondering are
we really accomplishing anything by taking a portion without the rest.
I've seen public hearings when it comes to street closures, things
happen that are just unbelievable, and you have too. You are here
willing to make a covenant, and if you can't live up to that covenant
by action of this Commission. For example, the Fire Department comes
in and says you are creating an unsafe situation. I don't think there
is a Commissioner up here that would vote to close that street. What
about relocation of -utilities, if they are there? I don't know. Are
you going to pay for it? Who's going to pay for it? Are you willing
to take, if that street were to be closed and put it in to a park in
perpetual and maintain it as Allen Morris did? These are questions,
in my estimation, that have to be answered. I'll tell you where I'm
at right now. I'm willing to vote for this on first reading, but I
think these are serious questions that have to be answered, and possibly
addressed before second reading, because I just have some hang-ups.
NEI
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MAR 2 9 1984
... t
Mr. Traurig: May 1 reply?
Mr. Plummer: Please do.
Mr. Traurig: I think you have two different subjects.
Mr. Plummer: No, you have three, because I didn't address one. The
third item that I didn't address is my understanding is that one of
the tenants is a bank, and a bank has a drive-in. Drive-ins are another
hearing. I didn't even get to that one.
Mr. Traurig: Let me address all three, then. First of all, on the question
of the alley, you are talking about the alley that bisects our block, I
presume, when you talk about the alley. The question is which action
comes first?
Mr. Plummer: Or simultaneous.
Mr. Traurig: The City doesn't want to hear the alley closing if the
residential is on the other side of the alley, so we're getting the
zoning before we seek to close the alley. We have both going simultaneously.
Isn't that correct, Mr. Campbell?
Mr. Plummer: They are not before us simultaneously.
Mr. Traurig: No, but we have initiated action with regard to the
replat of the block and the closure of the alley.
Mr. Plummer: But here again, Bob, as you know, and I've been the devil.
Mayor Ferre: Oh, you admit it.
Mr. Plummer: Yes, I admit it. Damn right, I'm proud of it. That you
are either going to pay us for that 20-foot alley or you are going to
give us something in -kind for it. That's just an item. The same thing
really addresses to the closure of the street.
Mr. Traurig: The answer is yes. We will do what is appropriate with
regard to the closure of the alley. With regard to whether the alley
should be closed, I would just say to you we own the property on both
sides of the alley. The alley doesn't serve any properties except our
holdings, so I think it is logical to close the alley, but in closing
the alley it is my understanding that the City has suggested from time
to time that there be voluntary contributions from the property owners
to the City. We're happy to do that.
Mr. Plummer: Bob, excuse me, you see, let me come to the map. INAUDIBLE
COMMENTS NOT ENTERED INTO THE PUBLIC RECORD —then the second problem
that is created is if you close that alley. Let me just ask this question,
hypothetically. What happens if you had to fight a fire from the west
side? You cannot get a fire truck in there. Do you understand what I'm saying?
Mr. Traurig: I think we have to explain where the alley would be closed.
It's on the south side of 22nd Terrace we would "T" it,'righ there.
That's a little further south.
Mr. Plummer: I'm talking to this alley right here. You are talking
about closing it from here to here?
Unidentified Speaker: No, no, all the way down.
Mr. Traurig: We'11 put a "T"there so that traffic from north of 22nd
Terrace could not infiltrate south of 22nd Terrace. May I introduce
Mr. David Plummer.
Mr. Plummer: All right, then I misunderstood. Your terminology was
wrong. What you wa4t to do is deny access, you're not closing the
street.
Mr. Traurig: We do not intend to close that street.
8
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M�� 9 1984
.0, aw
Mr. Gary: Yes. you are. For all intents and purposes. you are.
Mr. Plummer: No.
Mayor Ferre: Mr. Plummer, the good Mr. Plummer, would you explain
this to us. I want you to know....
Mr. Plummer: Would you please explain this to Mr. Suarez, please.
Mayor Ferre: Let me explain to you, Mr. Plummer, that we will not
hold your last name against you.
Mr. David Plummer: Thank you, and the spelling is the same. If I could
just back up a little bit and hold up an aerial. I think, as Mr.
Milian pointed out in his discussion, this is a 300 scale area. You
are all familiar with the area. One of the things that we have in an
older town like Miami is we have inherited a good pattern of streets,
meaning that our local streets run parallel and perpendicular to our
arterials and they are vulnerable to people using them for short cuts.
It is happning today. What we are proposing has been done in many
communities. That is to break up the pattern of local streets by
creating cul-de-sacs, not by abandoning rights -cif -way. I probably
ought to bring this closer to Mr. Plummer.
Mr. David Plummer (Cont'd)
What we are talking about, here is Coral Way,
25th Avenue, 22nd Terrace. We took and measured and located
all the drive -ways on 25th Avenue between 23rd and 22nd
Terrace. What we are proposing is to create a cul de sac,
not to abandon the rights -of -way but simply to come north
from 23rd Avenue so that all those driveways will continue
to be served and create a T-turn around so that any vehicle
that wanted to turn around and return to 23rd Street would -
be allowed to do so. It is what has been done in Seattle
and a lot of towns where a cul de sac has been inherited.
Mr. Plummer: All right, the terminology is what threw me
off. What they are proposing is to block the street off but
they're not closing the street, they're blocking it.
Mr. Gary: Yes, but, J. L., he is in effect cutting off the
access.
Mr. Plummer: That is correct.
Mr. David Plummer: No, that is incorrect. The access
to the street remains from 23rd Street.
Mr. Plummer: They're cutting off access from the north to
south.
rir. David Plummer: From 22nd Terrace to prevent vehi-
cles from infiltrating 25th Avenue south to 22nd Terrace.
Mr. Plummer: They're not, that's what they are trying to
stop. It is a block, but they're not getting this property.
But in effect, what you're doing is you're throwing it down
here, saving these people and throwing it here.
Mr. Carollo: I want to hear from Commissioner Gary for a
minute now, see what he is going to say.
Mr. Plummer: But you live here, right? Oh, you live here.
Oh, yes.
Mayor Ferre: Are you for that blocking off like that?
Mr. Plummer: Oh yes, you're damned right he is.
Mayor Ferre: Why?
INAUDIBLE CONVERSATION
Mr. Plummer: Primarily it turns into a private street.
Mr. David Plummer: Mr. Plummer, I do say I checked
with the County and as long as the right-of-way is not
abandoned, which we're not asking, it is a decision that is
made by the City and does not require County approval.
Mayor Ferre: If we vote for this, I want the same thing on
my street.
Mr. Carollo: You have -it already.
Mayor Ferre: I want to block off 17th. I don't want people
going on 17th.
Mr. Plummer: We tried to do that on Hallissee and Dixie.
89 MAR 2 91984
RT
Mr. Carollo: When you move there, Mr. Mayor, we'll consider
it.
Mr. Plummer: Wait a minute, on behalf of the Mayor, we
protest that last statement, we have been very thankful up
to this point - he ain't moved in.
Mr. David Plummer: The reason this is so dramatic on
this particular corner is because you have people that are
presently dodging 27th Avenue and Coral Way vis-a-vis that
neighborhood. The only way to make it inconvenient for them
is to block off 25th Avenue.
Mr. Plummer: Yes, but that's fine and that's to your advan-
tage.
Mr. David Plum++!er: It is to the advantage of the
entire neighborhood, not just mine.
Mr. Plummer: No, sir, you're wrong. Okay?
Mr. David Plummer: I can illustrate why not.
Mr. Plummer: Well, I'll tell you why you're not. Because
in effect what you are doing is you are making that street
in front of your house private. Okay? And what you're also
in effect doing is forcing that amount of traffic either
left or right. Now, you know, the question that has to be
asked...
Mr. Carollo: If it goes left that's where it should be,
that's 27th Avenue.
Mr. Plummer: The question that has to be asked, are the
neighbors to the west of 25th Avenue aware of that street
closure? That is the question that has to be asked because
they are the ones that are going to be impacted. Where is
your house, sir? You're on 23rd Street.
Mr. David Plummer:
Avenue.
I am on 23rd Street west of 25th
Mr. Plummer: Well, you're not affected.
Mr. David Plimimer:
trying to get across.
He is affected, that's what we're
Mr. Carollo: Plummer doesn't know his left from his right,
don't worry. Give him a compass so he won't get lost.
Mr.navid Plu—_er: The reason we're all affected by
it, Commissioner Plummer, is because the current traffic
pattern o: 27th Avenue and Coral Way causes use of the
streets that are most accessible to the light that are not
actually on the light areas.
Mayor Ferre: Well, the moment we start doing this you know
what is going to happen, don't you?
Mr. Plummer: Everybody is going to want it.
Mr. David P irm+er• They should all be closed off, as a
matter of fact. You should close all those streets off
along 22nd Terrace because what you're trying to do here or
what is happening is that people are using 22nd Terrace
anyway. It is about time the City took an overall look at
the Silver Bluff area and said,,. "Look, we have to do some
things here to protect the future of the neighborhood which
is what you got across earlier in your initial speech to Mr.
Traurig, that is where do you stop the developer...
94 MAR 2 9 1984
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_ e
f
Mayor Ferre: Let me tell you what is going to happen. Do
you know what is going to happen? it has already happened.
j Bob Clark got a phone call from Mr. Plummer's neighbors at
Bay Heights, that is exactly what they want. See, they
already have a fairly walled in City but that isn't enough
because people go into Bay Heights and race around to get
away from the traffic back up along South Bayshore Drive and
so what they want now is they want to buy the streets be-
cause they want to have them private and put barriers like
Bay Point. That is the next step. When you start putting
these barriers along where you're planning, the next guy
down is going to say, "Well, if you did it for him you've
got to do it for me" and the next guy down says, Me too" and
the next one says "Me too" and pretty soon you've got a whole
wall and then they start going south and they say, "We don't —
want these people coming in off of 27th Avenue and racing
down 24th Street. So we want every 5 blocks open but the -
ones in between closed and we want barriers so that people
are protected in their neighborhoods and we end up then with
another Bay Heights.
UNIDENTIFIED/SPEAKER-2: What is so wrong with that?
Mayor Ferre: There is something wrong with that.
Mr. Plummer: Yes, I'll tell you because I five outside of
Bay Heights.
Mr. Simpson: But Mr. Plummer , I thin we have to
look at the fact that you think that 23rd was designed to
carry through traffic or was it designed to serve adjacent
property?
Mr. Plummer: It is a residential street.
Mr. Simpson: When we allow a street system to
develop that it becomes an alternate to an arterial where
the through traffic is to be we have done a disservice to
the neighborhood. Our point is this, and we've talked with
Mr. Milian quite at length - the through traffic ought to be
on your arterial system and the only way we can keep it out
of the neighborhoods and off the 'streets where the kids are
out playing baseball is to break it up and make it exclu-
sively for adjacent property owners.
Mr. Plummer: So then put another block there on 22nd Ter-
race.
Mr. Simpson: If you were planning that street
system today, you would break that whole thing up and not
allow it to be a parallel arterial and that is the way new
subdivisions .re designed.
Mr. Gary: That same argument could be used for every resi-
dential neighborhood that is abutting a major street.
Mr. Carollo: The problem that you have here is a very
unique situation. 27th Avenue and Coral Way is the busiest
intersection in all of Coral Way, at least in the Miami
section of Coral Way and if we're going to....
Mr. Gary: You're setting that precedent.
Mr. Carollo: Well, if that is the only way you could solve
the problem there where'we have progress and you could have
those buildings there nand at the same time protect the
neighbors. Now, as far as fire trucks, police emergency
vehicles getting through, they have no problem because most
-' of the time they're going to be coming down 27th Avenue
91
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MAR 2 9 1984
anyway and come in the back way, not through there, or they
could go down 22nd Terrace. I'm going to go and make a
motion on First Reading only - now, before we vote on this
on Second Reading, Mr. Traurig, and everybody else that is
present, we've got to settle a heck of a lot of things. I
don't want to hear this again unless all the other steps
that the Commission have outlined are taken care of already.
Mr. Carollo: I move that this be deferred to the next
Commission Meeting. Hopefully by then we would have all
that would be needed to assure that that neighborhood is
going to be protected.
Mr. Plummer: Okay, and you always have to give a reason for
deferment or for more information. I want a study from the
people of Metro Traffic and Transportation as it relates to
the proposed blockage as indicated on the map. I want an
appraisal of the alley as to its worth, I would want to see
a plot plan in reference to the drive-in tellers of the
proposed bank...
Mayor Ferre: And all of the covenants that have been prof-
fered plus the new ones that have been discussed.
Mr. Plummer: Well, of course, and all of the covenants.
No, I'll get my trees later. That's what I'm looking for.
Mayor Ferre: Okay, further discussion? The item is contin-
ued, is that the word? The motion is by Commissioner
Carollo...
Mr. Carollo: And when it comes back to the Commission, that
it would be placed at 5:30 or 6:00 F.M. so that the neigh-
bors can come.
Mayor Ferre: Fine. Further discussion?
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 84-343
A MOTION TO CONTINUE CONSIDERATION OF A
REQUEST FOR A CHANGE IN ZONING CLASSIFI-
CATION AT PROPERTY LOCATED AT 2226 S.W.
25TH AVENUE AND 2511-2575 S.W. 22ND
TERRACE FROM RS-2/2 TO CR-2/79 PENDING
MORE INFORMATION AND THE RECEIPT OF A
TRAFFIC STUDY REPORT TO BE RECEIVED FROM
METROPOLITAN DADE COUNTY TRAFFIC AND
ENGINEERING DEPARTMENT REGARDING INGRESS
AND EGRESS AND OTHER RELATED TRAFFIC
PROBLEMS IN CONNECTION WITH A PROPOSED
DEVELOPMENT ON THE AFORESAID PROPERTY;
FURTHER STIPULATING THAT AN APPRAISAL OF
THE ALLEY BE PRESENTED TO THE CITY
COMMISSION ALONG WITH THE PLAT PLAN FOR
DRIVE-IN TELLERS OF THE PROPOSED BANK
WITHIN THIS DEVELOPMENT; AND FINALLY,
SUBJECT TO ALL PRIOR COVENANTS DISCUSSED
ON THIS DATE BEING INCORPORATED INTO THE
RECORD TO BE PRESENTED TO THE CITY
COMMISSION•AT THE NEXT MEETING.
Upon being seconded by Comri:l:zsioner Plummer, the
motion was passed and adopted by the% following vote -
AYES: Commissioner
Commissioner
Commissioner
Joe Carollo
Miller J. Dawkins
J. L. Plummer, Jr.
RT
MAR 2 9 1984
LA
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez Jr.
-- ------- -.----------------- 4.--------------------------------
48. SECOND READING ORDINANCE:
CHANGE BY AMENDING ARTICLE
EST DISTRICT, SEC. 1560.
AMEND ORDINANCE 9500 TEXT
15 SPI-SPECIAL PUBLIC INTER-
-- -- - - ---- ------ -- -- -- - ---- ------------- ------------------ --
Mayor Ferre: Proceed with Item 11.
Mr. Richard Whipple: Mr. Mayor, this is the item which was
concerned with regard to the drive-in tellers, and if you
will remember, my explanation earlier this evening having to
do with processing this amendment by which to allow drive-in
window facilities which are not presently allowed and with
coming back with an amendment to the satisfaction of Mr.
Plummer regarding the stacking, there are some other items
involved but I believe we have gone over most of them
previously. This also includes the drive-in teller facili-
ties as a special exception and City Commission review which
also meets with Commissioner Plummer's request, and straight-
ens out some other bad language that we came across.
Mayor Ferre: I only have one major question of you. You
and I went to school together and how much you've got so
much grey hair and I don't have any?
Mr. Whipple: I don't know, we used to do some pretty good
planning together at one time.
Mayor Ferre: I must have gone the right way, you must have
gone the wrong way or something or vice versa.
Mr. Whipple: Well, I think ten or twelve hours in this room
including you and I, it will get to you after a while. I'm
finished, I recommend approval. I'll make the motion.
AN ORDINANCE
AN ORDINANCE AMENDING THE TEXT OF ORDI-
NANCE NO. 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY AMENDING
SECTIONS 1563 AND 1573 OF ARTICLE 15
ENTITLED "SPI: SPECIAL PUBLIC INTEREST
DISTRICTS" TO REQUIRE CITY COMMISSION
APPROVAL OF A SPECIAL EXCEPTION FOR
DRIVE-IN FACILITIES FOR FINANCIAL INSTI-
TUTIONS; BY AMENDING SECTION 20-17 OF
ARTICLE ENTITLED "GENERAL AND SUPPLE-
MENTARY REGULATIONS" BY REDUCING PARKING
REQUIREMENTS FOR HOUSING FOR THE
ELDER-LY, SUBJECT TO A CLASS C SPECIAL PERMIT;
BY AMENDING ARTICLE 36 ENTITLED "DEFINI-
TIONS" BY REVISING THE DEFINITION OF
"RESTAURANT, DRIVE-IN"; FURTHER, BY
AMENDING THE OFFICIAL SCHEDULE OF DIS-
TRICT REGULATIONS: PAGES 1 - 61 INCLU-
SIVE, BY MOVING THE ENTIRE "LIMITATION
ON SIGNS" COLUMN TO A NEW POSITION
IMMEDIATELY TO THE RIGHT OF "ACCESSORY
USES AND STRUCTURES" AND UNDER "USES AND
STRUCTURES", AND REVISING THE TITLE OF
THIS RELOCATED COLUMN TO READ "ACCESSORY
USES - LIMITATIONS ON SIGNS"; PAGE 3,
RT
MAR 2 9 1984
RO-3 AND 0-I "PRINCIPAL USES AND STRUC-
TURES," TO REQUIRE CITY COMMISSION
APPROVAL OF A SPECIAL EXCEPTION FOR
DRIVE-IN FACILITIES FOR FINANCIAL INSTI-
TUTIONS; PAGE 4, CR-19 "PRINCIPAL USES
AND STRUCTURES," TO REQUIRE CITY COMMIS-
SION APPROVAL OF A SPECIAL EXCEPTION FOR
DRIVE-IN FACILITIES FOR FINANCIAL INSTI-
TUTIONS AND PROVIDE FOR DRIVE-IN FACILI-
TIES AT EATING AND DRINKING ESTABLISH-
MENTS BY CLASS C SPECIAL PERMIT; AND
PAGE 5, CG-12 "PRINCIPAL USES AND STRUC-
TURES," TO REQUIRE CITY COMMISSION
APPROVAL OF A SPECIAL EXCEPTION FOR
DRIVE-IN FACILITIES FOR FINANCIAL INSTI-
TUTIONS UNDER A NEW HEADING "PERMISSIBLE
ONLY BY SPECIAL PERMIT," AND AMENDING
CBD-1 TO PROVIDE THAT DRIVE-IN ESTAB-
LISHMENTS, OTHER THAN THOSE FOR FINAN-
CIAL INSTITUTIONS PERMITTED BY SPECIAL
EXCEPTION, ARE EXCLUDED; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of
February 28th, was taken up for its second and final reading
by title and adoption. On motion of Commissioner Dawkins,
seconded by Commissioner Plummer, the Ordinance was thereup-
on given its second and final reading by title and passed
and adopted by the following vote -
AYES:
Commissioner
Commissioner
Mayor Maurice
NOES: None.
Miller J. Dawkins
J. L. Plummer, Jr.
A. Ferre
ABSENT: Vice -Mayor Perez
Commissioner Joe Carollo
SAID_ORDINANCE WAS DESIGNATED ORDINANCE NO. 9816.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
Mayor Ferre: I'm sorry I didn't do this officially. Is
there anybody that wants to speak to Item 11? Let the
record reflect that there was no body that stood up on that.
-------------------------------------------
49. SECOND READING ORDINANCE: TEXT CHANGE ORDINANCE 9500
AMENDING ART. GENERAL & SUPPLEMENTARY REGULATION,
SUBSEC. 05.10.
------------------------------------------------------------
Mayor Ferre: We're now on Item 12. Are there people who
wish to address the Commission on Item 12? Anybody here on
Item 12? Go ahead.
Mr. Sergio Rodriguez: Item 12 is the tenth amendment to the
Comprehensive Zoning Ordinance .and it is basically the one
that reflects the comments from the different architects
from the American Institute of Architects and staff from the
City and it deals with changes in definitions of lot cover-
age and yard areas and light planes, and I can go into more
detail if you want to. It is Second Reading.
0
MAR 2 91984
RT
AN ORDINANCE -
AN ORDINANCE AMENDING THE TEXT OF ORDI-
NANCE NO. 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY AMENDING
SECTIONS 205, 208, 2013, 2015 AND 2028"OF
ARTICLE ENTITLED "GENERAL AND SUPPLE-
MENTARY REGULATIONS," BY REDEFINING LOT
COVERAGE, RENUMBERING CERTAIN SUBSEC-
TIONS, RELAXING BUILDING SPACING RE-
QUIREMENTS, AND EXCLUDING MECHANICAL
EQUIPMENT STRUCTURES FROM HEIGHT LIMITA-
TIONS UNDER CERTAIN CONDITIONS; FUR-
THER, BY AMENDING THE OFFICIAL SCHEDULE
OF DISTRICT REGULATIONS: PAGE 1, RS-19
RS-2, "PRINCIPAL USES AND STRUCTURES,"
TO REQUIRE SPECIAL EXCEPTION APPROVAL
FOR COLLEGES AND UNIVERSITIES, AND
ELIMINATE MINIMUM ACREAGE REQUIREMENT,
"MINIMUM OPEN SPACE," TO CHANGE THE
INTERIOR SIDE YARD REQUIREMENT TO 5
FEET, "MAXIMUM HEIGHT," TO CHANGE LIGHT
PLANES AND RELAX HEIGHT RESTRICTIONS FOR
CERTAIN ROOFS, "MINIMUM OFF-STREET
PARKING REQUIREMENTS", TO PROVIDE SPE-
CIFIC PARKING REQUIREMENTS FOR COLLEGES
AND UNIVERSITIES, RG-19 "MINIMUM -OPEN
SPACE REQUIREMENTS," TO CHANGE THE
INTERIOR SIDE YARD REQUIREMENT, RS-1.1
AND RG-1, "MAXIMUM HEIGHT," BY APPLYING
RS-1 AND RS-2 REGULATIONS IN LIEU OF
TABLE 2; AND PAGE 4 CR-1, "PRINCIPAL
USES AND STRUCTURES," TO PERMIT SALE OF
SECOND-HAND MERCHANDISE BY JEWELRY
STORES, CR-2, "PRINCIPAL USES AND STRUC-
TURES," TO PERMIT RENTAL OF FORMAL
ATTIRE AND HOSPITAL EQUIPMENT AND TO
PERMIT ART, JEWELRY, AND BOOKSTORES TO
SELL SECOND-HAND MERCHANDISE, CR-3,
"PRINCIPAL USES AND STRUCTURES," TO
PERMIT RENTAL OF FORMAL ATTIRE AND
HOSPITAL EQUIPMENT AND TO PERMIT ART,
JEWELRY, AND BOOKSTORES TO SELL SECOND-
HAND MERCHANDISE, CR-39 "PRINCIPAL USES
AND STRUCTURES," TO PERMIT JEWELRY
STORES AND STORES RENTING FORMAL ATTIRE
AND HOSPITAL EQUIPMENT TO SELL SECOND
HAND MERCHANDISE AND TO PERMIT AUCTION
GALLERIES TO SELL ANTIQUES, ART OBJECTS,
JEWELRY AND SIMILAR MERCHANDISE, BUT NO
OTHER SECOND-HAND MERCHANDISE; CONTAIN-
ING A REPEALER PROVISION AND SEVER -
ABILITY CLAUSE.
Passed on its first reading by title at the meeting of
February 28th, was taken up for its second and final reading
by title and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Dawkins, the Ordinance was thereup-
on given its second and final reading by title and passed
and adopted by the following vote -
AYES:
Commissioner
Commissioner
Mayor Maurice
NOES: None.
Miller J. Dawkins
J.• L. Plummer, Jr.
A. Ferre
ABSENT: Vice -Mayor Perez
95 MAR 2 9 1984
RT
t'
Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9817.
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.
------------ ..---------------------- -------------- ------ ----
50. UPHOLD RECOMMENDATION OF ZONING BOARD AND DENY REQUEST
FOR CHANGE OF ZONING OF LOT 41 LOCATED AT 1402 SO.
BAYSHORE DRIVE FROM RG-3/7 TO SPI-5.
Mr. Howard Gary: Mr. Mayor, let the record know that I
excuse myself from discussion.
Mayor Ferre: All right, sir.
Mr. Richard Whipple: Mr. Mayor and members of the Board,
the Planning Department tonight and consistently throughout
recommends denial of the requested change of zoning. We
have been over this item so many times I don't believe it is
necessary to comment anymore other than to point out to you
that you referred this to the Zoning Board at the last
meeting, once again, and they reaffirmed their previous
recommendation and denial. If you have any questions I'll
be glad to answer them.
Mr. Plummer: Is this, Mr. Ongie, what you... Is this the
declaration of restrictions that you have just handed me
what Mr. Bliss has surrendered to the Legal Department?
Mr. Ongie: He just handed it to me to pass out to the
Commission.
Mr. Plummer: Mr. City Attorney, is your's penciled out like
this one is penciled out?
Mr. Garcia -Pedrosa: Yes, sir.
Mr. Plummer: Okay, have copies of this been given to Ms.
Cooper? Ms. Cooper, have you received a copy?
Ms. Janet Cooper: No, sir, I have not seen it.
Mr. Plummer: Okay. Do you have an extra copy?
Mr. Alan Bliss: Just my own.
_ Mr. Plummer: Well here, take mine. The simple question
that I'm really getting to, at the last hearing it was
deferred or continue for further information predicating,
Mr. City Attorney, on Mr. Bliss proffering covenants running
with the property equal to or better than the property to
the west of him. I ask you, Mr. City Attorney, since I have
not seen this document, if, in fact, in your estimation,
those documents which he has proffered voluntarily are, in
fact, what was requested by this Commission to the continu-
ance and what you feel from a legal standpoint of view.
Mr. Garcia -Pedrosa: 'Commissioner Plummer, Mr. Mayor and
other members of the Commission, it is hard to answer the
question thoroughly by**looking at this thing as I have for
73 the last 15 or seconds, but I do think there is a thresh-
old question that might actually render your question moot
and I think I need to bring it to the attention of the
Commission. It is my understanding that this applicant or
ti l
MAR 2 91984
RT
the property involved is in the process of undergoing bank+
ruptcy proceedings and under those circumstances, and I
think Mr. Bliss himself made some indications of this at an
earlier meeting of the Commission with respect to the posi-
tion of his lenders, but now, of course, the Bankruptcy
Court proceedings make the situation even more important. I
think there is a very very substantial question as to wheth-
er he has the legal ability at this point to encumber that
property without the approval of the Bankruptcy Court. And
without getting into a very lengthy dissertation on that, it
suffices to say that for the protection of creditors in
bankruptcy proceedings there are provisions whereby an owner
who files for bankruptcy and places his property either
under a trustee, or as I understand this property to be
under what is known as debtor in possession, that owner,
that debtor in possession has to, if he wishes to do certain
things with the property give notice and if anybody objects
then the matter is presented to the bankruptcy court. My
concern is that unless that has been done, and I don't know
if it has been or not, but unless that has been done then I
don't think there would be a legal entitlement for the
tendering of the covenant which would render, I assume, moot
the original question that you asked.
Mr. Plummer: Well, I guess then the next question, Mr.
Bliss, was the procedure as outlined by the •City Attorney
followed?
Mr. Bliss: No procedure has been followed except my under-
standing with my attorneys that what I had covenanted could
be done because it was not going to, it was going to improve
the property rather than deteriorate it which would have
happened originally. I am the trustee, by the way, as well
as the Debtor in Possession, I am the trustee.
Mr. Garcia -Pedrosa: May I ask Mr. Bliss a couple of ques-
tions so I can understand the factual basis? Have your
creditors listed in the schedules in Bankruptcy Court been
advised of your intention to tender a covenant that re-
stricts your use of that property?
Mr. Bliss: I believe so, but I have spoken through my
attorney and I believe that he spoke to them on it but I
wasn't privy to that conversation. I explained what I was
going to do to my attorneys and I haven't been in contact
with the attorneys for the bank. The attorneys for the bank
are the main attorneys, in fact, the others are my attorneys
that are the mortgagees.
Mr. Garcia -Pedrosa: I'm not trying to cross examine you,
I'm simply trying.to find out what happened.
Mr. Bliss: I had assumed I could do this but that's all
from my attorneys, that's all...
Mr. Garcia -Pedrosa: Okay, what I'm asking, I guess is under
the bankruptcy rules you have to have notice by mail 20 days
in advance in order to give any of your creditors an oppor-
tunity to object in front of the bankruptcy judge.
Mr. Bliss: I understand though we are not into whatever is
called a final act of bankruptcy, this is just the initial
request and I understood that at that point things weren't
in the position where the bankruptcy judge had to unless
someone did object.
Mr. Garcia -Pedrosa: Let me say it
stand correctly that you have not
least 20 days ago to all of your
schedule of the Bankruptcy Court?
Tfi
this way. Do I under -
given written notice at
creditors listed in the
MAR 2 9 1984
RT
E
Mr. Bliss: Notice of what, sir?
Mr. Garcia -Pedrosa: Your intention to tender the document
that I have just been handed.
Mr. Bliss: No, sir, I haven't.
Mr. Garcia -Pedrosa: Okay. Well, Mr. Mayor and members of
the Commission, I don't think that you would be wise .to
accept a document which could be set aside if and when that
notice is given an objection is filed and the Bankruptcy
Court were to rule that the creditors' objections were
upheld.
Mr. Plummer: So what are you saying?
Mr. Garcia -Pedrosa: I don't think he can tender this cove-
nant and make it stick today.
Mr. Plummer: Okay. Now, just for my edification, you've
read the covenant. Oh, I'm sorry, Mr. Bliss told me just a
few minutes ago that he surrendered it to you yesterday.
Mr. Bliss: It is on the document, the time.
Mr. Plummer: Someone in your office received'it.
Mr. Garcia -Pedrosa:' Yes, he gave it to her I think yester-
day, late afternoon.
Mr. Bliss: I've been trying since two days before to get it
to him.
Mr. Plummer: Have you had time to analyze and to see if the
covenant covers the areas of concern of at least one Commis-
sioner?
Mr. Garcia -Pedrosa: The answer, I guess, is no, Commis-
sioner, but this document was tendered to a member of my
staff at 4:45 yesterday afternoon and, if I recall correct-
ly, we had a shopping list, if you will, of areas of concern
and I don't know if that analysis was made.
Mr. Bliss: The attorney that looked at it had only one
statement that they made, asked me why I hadn't incorporated
number 2, I believe, of the previous declaration of the
Babylon and I said, well, I'd be glad to have it in there,
the only reason I didn't --is because it says Savings and
Loans and Banks and wee didn't think that there would be
either one of those applying for to buy the property. We
spoke to signs on the south side of the building.
Mr. Plummer: I made it very clear where I was last time. I
would not even consider approval of this application without
at least the same covenants being offered as or greater than
- the ones to the west. Now, if I understand, what you're
saying is that Mr. Bliss is not in a position to offer those
covenants. As such, we would have to have to have covenants
from the Bankruptcy Court and that we don't have. Now, I
see a Catch 22 and take it from there.
Mr. Garcia -Pedrosa: - No, I don't think I said quite that.
What I said was that he had to go through the process of
giving his creditors the opportunity to object before the
Bankruptcy Court with the proper notice required by law.
Mr. Plummer: The procedure was not followed.
MAR 2 9 1984
RT
.6
Mr. Garcia -Pedrosa: Exactly.
are mortgaged, are they not?
Mr. Bliss: Yes.
Mr. Garcia -Pedrosa: Okay.
Mr. Bliss: These creditors are the mortgagees.
Mr. Garcia -Pedrosa: Okay. We have no evidence, Mr.
Plummer, that his mortgagees who have an interest in that
property even apart from the bankruptcy proceeding are in
agreement with the declaration of restrictions that's being
tendered.
Mr. Bliss: If the group remembers, the Commission remem-
bers, that is the reason that I had stated originally that I
could not put the position that that building, the 69 year
old building was going to sit in the middle of that lot
because that would depreciate the value of the property and
I understood this by conversations with the attorneys. We
are talking with them and they did say that they thought the
office zoning would improve it, I had no way of knowing that
we had to have, I'm not even sure that we do have to have
any kind of notification ahead of time or 20 days ahead of
time.
Mr. Plummer: I don't either. Thank God I don't know a
thing about bankruptcy. I don't ever want to know about
bankruptcy.
Mr. Garcia -Pedrosa: Mr. Plummer, I now have the list of
the adjacent property. For example, there is a provision
that says that no ground floor or first floor of the build-
ing shall be used for parking only, and I'm subject to
correction by Mr. Bliss, but I don't think I see that in the
covenant that he has just tendered.
Mr. Bliss: May I answer that one right away? There is no
building where it is going to be built there, it is a 1916
two-story house, one family house. But on the other side,
the one you're talking about, on the ground floor, they
don't have a ground floor. That is 3 feet below grade. if
they fill that in to grade they would only have a 4 foot
high room there. That has been a parking garage from the
time that building was built two or three years ago or four
years ago. All they're telling you is we built the building
and this is what we're going to give you. They are only
claiming they won't tear down a building built two years ago
and I am supposed to give the same thing up for a building
69 years old, it was built as a single family house. There
is no way those two things are going equal. We have 8,000
square feet at the most in that house and the taxes are
$48,000 a'year and it is appraised for $1,700,000. That is
an expensive single family house. I have given all the
covenants that I saw that were in Ms. Cooper's request of
things she mentioned about the parking, the signs and so
forth, I answered those as best I could and the only other
thing, as Mr. Plummer said in the Meeting of November 18th
or whenever it was, the bank should be glad to see the RO
zoning because it would improve the value of the property
and I agreed with that but I cannot covenant to leave that
old building in the middle of the lot because then maybe
nothing could ever be built there except that one building
sitting in the middle( of the lot. I do have a statement I
wanted to make and it would clear up some of this other as
far as the legal aspect of it. I am quite certain that the
bank would like to get their money as we would like to sell
it and the people are interested in buying it but they have
been sitting here for several months trying to decide wheth-
r a1
RT
MAR 2 9 1984
i
er it is residential or it is whether it is office or wheth.
er it is going to remain as a private club or what can be
happening and that has killed opportunities to sell because
it has been either/or. But the only covenant I refused to
give when I was tried to be talked into giving them was the
fact that I could not guarantee, because it would financial-
ly disable that entire lot if it was left with a single
family house in the middle of it unless office building
could be built behind it and that was my hope but there was
no way of knowing that the City would allow variance to do
this or that a buyer, a developer, would want to go ahead
and stay with that.
Mr. Plummer: Mr. Bliss, there were ten items in the last
zoning hearing on this matter relating to covenants. All
I'm asking of the City Attorney, does the covenant which you
surrendered - I can't argue as to whether it is legal or
not, I don't know that - does it meet the criteria that aas
set forth at the last hearing. That might be moot, as he
said, but I'm asking for my own information if it is valid.
Mr. Garcia -Pedrosa: I have now looked at those items,
Commissioner Plummer, and I have a question about two of
them. I have very little question that 1, 2, 3, 4, 5, 6, 7
of them have not been met.
Mr. Plummer: Seven out of ten?
Mr. Garcia -Pedrosa: Yes, sir. For example, you provided
- also that the top floor of the building shall be used for
residential uses only, that is not in the covenant. That no
medical or dental offices of clinics shall be permitted and
the covenant doesn't quite accomplish that because it says
that but then it says, "This is not intended to deny the
private practice of a medical doctor or a dentist serving
the needs of the neighborhood". The restrictions on drive-
in tellers and so forth are not in this covenant. The
restriction on the uses to which the property may be put are
not all covered and I have a question about the parking and
the approval of the exterior modification items. But at
least those other seven I don't think are in there.
Mr. Bliss: Could we possibly have modifications on a build-
ing that is probably going to be torn down? We can't.
Mr. Garcia -Pedrosa: Well, that's what I say, I have some
question about that. But the other ones are just not there.
_ Mr. Bliss; We have a two story building, they have a six
story building. If we take the top floor away, if it was a
one story building it would be the cellar. We can't dupli-
cate that because we don't have a new building.
Mr. Plummer: Alan, excuse me. We are not speaking to the
building. We are speaking to zoning. The day that if you
were to be granted a change of zoning tomorrow morning you
can go and do anything permitted within that zoning classi-
fication. We cannot consider just that building. Do you
understand that?
Mr. Bliss: I thought that's what he was comparing, sir.
Mr. Plummer: Well, that it what he is comparing it to as it
relates to the application to your comments and to the
covenant. Tomorrow you can say to hell with it, I don't
want that building, I'm going to push it down and here is
what I want to do. Then you are into an entirely different
game. If you surrender covenants saying that I will not do
it regardless of whether it is this building or some other,
that is what we are speaking to. Now, the City Attorney is
MAR 2 9 1984
.100 .
RT
saying that you have not met at least 7 out of 10 of the
covenants because as I understand, what you have done is
written the covenants to that particular building.
Mr. Bliss: No, sir, I haven't. I have tried to follow
their covenants except I have not been able to equal their
building on the signs.... They made their's for their
building exactly and I couldn't, I could not do it. ;
;w
Mr. Plummer: Alan, we're not speaking to the building, we
are speaking to the property. Forget that the building even
exists. What is before this Commission is a change of
zoning.
Mr. Bliss: But I could say that the first floor is going to
be for a garage, would that make the City Attorney happy
that we were saying the same thing? I don't understand it,
a building that hasn't been built.
Mr. Garcia -Pedrosa: No, I think the record should be clear
that what makes me happy or not is irrelevant and that the
Commission is not imposing any requirements. I've been
asked to review the covenant to see if it met with the
shopping list and not only does it not do that, Commissioner
Plummer, but I want to read to you the modification clause
because it scares me. This Declaration of Restrictive
Covenants may be modified, amended or released as to the
land herein described or any portion thereof, by a written
instrument executed by the then such -owners of the fee
simple title to the lands to be affected by such modifica-
tion, amendment or release. And it says, and the City
Commission after public hearing, I don't know if there are
some words missing or not, but that sounds to me like they
could turn around, a new owner, tomorrow and amend ....
Mr. Bliss: If that bothers you, it is the same one that was
given to the Babylon.
Ms. Janet Cooper: No, sir, it's not.
Mr. Garcia -Pedrosa: Well, I don't think so.
Mr. Bliss: Well, it was meant to be, it was supposed to
have been copied out of there.
Mr. Garcia -Pedrosa: I think where we have accepted cove-
nants like this it is up to the Commission after a public
hearing to accept modifications.
Mr. Bliss: Can you tell me what number that is?
Mr. Garcia -Pedrosa: That is on page 3, paragraph e. And in
fact (f) goes on to say that should there be such an amend-
ment, the director of the City of Miami Building and Zoning
Department shall forthwith execute a written instrument
effectuating and acknowledging such modification, amendment
or release.
Mr. Bliss: Here is the one from the Babylon, and there is
one thing taken out of there. I removed that, provided that
the same has first been approved by the Point View Associa-
tion because I understood it was for any organization on
Point View....
Mr. Garcia -Pedrosa: No, but see, by taking out that lan-
guage you took out -the - let's take out the Point View
Association, this paragraph says provided that the same has
first been approved by the City Commission after public
hearing and that is what we normally do.
101'
MAR 2 9 1984
RT
Mr. Dawkins: Mr. Bliss, when you left here did we not ask
you to get with Ms. Cooper and to draft an instrument that
was acceptable by them that you could live with and present
it as a covenant that was compatible With the other? Was that not what we asked you to do?
Mr. Bliss: No, sir, it wasn't.
Mr. Dawkins: What did we ask you to do, sir?
Mr. Bliss: Mr. Plummer said that he wanted me to.... That
was the last thing that was said to me.
Mr. Dawkins: No, there are five people up here. There are
five people up here. What did the five.... Irregardless,
that's fine, what did the other four ask you to do? Or one
of the other four, or two of the other four?
Mr. Bliss: You, as I recall, gave me the other covenants so
that I would have something to go by and all I recall is
that when I started to say I had been trying to get with Ms.
Cooper and the group I thought Mr. Plummer said we're not
telling you to do that, something that the City Commission
is satisfied with is all we're asking. We're not asking you
to get approval of anybody but the City Commission.
Mr. Dawkins: Now, this is the fourth time that you have
been before this Commission, sir, and each time you tell me
that you have tried to get with Ms. Cooper and you can't.
Mr. Bliss: I did not this last time, no, sir, I did not at
all, I didn't try to do it at all this last time. I had
given up on her.
Mr Dawkins: Okay, well I'm going to tell all of you here I
am not coming back here, if there is nobody here but J. L.
Plummer tohear this no more. We are going to vote on this
today one way or the other or next time it comes I'm going
to walk out because I am tired of asking people to take
their time to come here — and sir, I hate to say this to
you: and you keep presenting and representing stuff that all
it does is confuse me. It is not, Mr. Bliss, that you don't
know what you're saying, you know very well what you are
saying but it clouds the issue, sir, so that I don't know
what you're saying.
Mr. Bliss: It was cloudy, Mr. Dawkins, but I can tell you
one thing, for instance, at one time you said, Mr. Bliss,
why don't you give them what they want. All I want you to
do is not use that building as an office building.
Mr. Dawkins: No, Mr. Bliss, this is the point that you keep
trying to drive down our throats and we keep telling you we
are not here interested in the building. We are sitting
here as, haven't you figured out, a Conditional Use of the
land? And that's all we're interested in. We don't care,
as long as it is zoned properly and you meet the zoning
that's all we're interested in and you keep saying that we
told you what you can or cannot do with a building. That's
not the problem. Commissioner Plummer has told you three
times this afternoon. Mr. Bliss, forget the building and
let's talk about the Conditional Use of the land. That's
all we can do.
Mr. Bliss: I am willing, if it is possible.....
Mr. Dawkins: ...Zoning, for the Zoning use of it and you
just keep going back....
102
MAR 2 9 1984
RT
a
Mr. Bliss: No, sir, I am requesting RO-3/6. I am offering,
I can't offer that the first floor will be parking. I will
offer that the top floor will be residential.
Mr. Dawkins: Mr. Mayor, I offer a motion that we follow the
recommendation of staff and deny this application and that ;=
is my recommendation.
Mayor Ferre: There is a motion on the floor.
Mr. Plummer: You know, I have no choice. I have no choice.
I have every way humanly possible tried to afford you the
opportunity to come in, Alan, and to be treated as we treat-
ed the others. I said bring me covenants identical to those
which have been granted to the people on the other side and
I would vote with you. I said that, I'm on the record of
saying that. But the City Attorney tells me first of all he
questions that you can even offer a covenant and that second
of all, if it were legal, it doesn't do what we asked for.
Now, I just can't do anything but second the Commissioner's
motion. I have no choice. I have tried. I don't think I
have ever really gotten through to you to tell you that I
understand your love for that building. I don't agree with
it, but I understand your love for that building but it is
not the building we're talking about, it is zoning and
zoning is that yes, whoever is the new owner tomorrow, if he
wants to keep that building and do it he can do it but if he
doesn't want it he can tear it down and do anything he wants
contained within the zoning and the covenants. Now we're
talking about two different animals.
Mr. Bliss: I submit, Mr. Plummer, there is no possible way
that I could have given covenants similar to that other one
where the building has not even been designed yet.
Mr. Plummer: Oh yes, you can. You can, Alan. It is done.
Mr. Bliss: I asked Mr. Whipple, I said what covenants can I
give and he said frankly I don't know, Mr. Bliss.
Mr. Garcia -Pedrosa: The covenant runs with the land.
Mr. Plummer: But I can't make him understand that. The
covenant runs with the land, not with the building. That's
what I can't make understood.
Mayor Ferre: You've got two votes right now lined up.
Mr. Bliss: I know I've lost it now, it is ,just a question
of the fact that I was not sandbagged, but I asked everyone
what kind of covenants can I do, what can I do to satisfy
whatever is requested and I couldn't find anything.
Mr. Plummer: Alan, excuse me, you were not sandbagged.
Mr. Bliss: -No, I said I wasn't sandbagged.
Mr. Plummer: I made it very clear.
Mayor Ferre: I mean I'll tell you, it bothers me to see
this happen. I'm sorry that it is happening, I'm going to
vote with the motion. It breaks my heart.
Mr. Plummer: We have no other alternative.
Mayor Ferre: It breaks my heart, but I mean, frankly, Mr.
Bliss, you know, I don't know you that well but I don't
understand why in the world when Janet Cooper calls you.
How many times did you call this man?
.103
MAR 2 9 1984
RT
11
Ms. Cooper: I can't remember, but I have met with him at
least three times in Bob Traurig's Office, one time in his
house, he has my home phone number as well as my office
number.
Mayor Ferre: I mean I hate to see somebody get wiped out -
like this but it is crazy for you not to follow what was so
clearly handwriting on the wall. I mean you heard Plummer
say it, you heard Dawkins say it, you heard the Commission _
say it, I mean you knew what was going to happen. I don't
want it on my conscience but, my God, this community has
done everything but do flip flops to try to give you a
chance to work it out.
Mr. Bliss: I would still, even after this is over I would
like to see somebody write down some covenants I could have
given.
Mayor Ferre: Why don't you talk to Janet Cooper, for crying
out loud. '
Mr. Bliss: I did talk to her and she said no signs on the
side, the traffic, and those are both in my covenants. The
only two things she brought up were off-street parking, the
signs on the south side of the building.
Mr. Plummer: Excuse me. Mr. Bliss, do you have a copy of
the record of the Declarations of Restrictions that was
given in January by Ray Carono on the Babylon?
Mr. Bliss: Yes, sir.
Mr. Plummer: In that there are twelve restrictions.
Mr. Garcia -Pedrosa: Well, the last two may not apply but
ten do.
Mr. Plummer: Okay, ten restrictions that were given. What
I said at the last meeting, give me a document running with
the land as equal to or better than what they gave. You
haven't done it.
Mr. Bliss: Every one of their declarations is on the build-
ing which you say is not important.
Mr. Plummer: It's not. I quit.
Mr. Bliss: But those are their declarations every one of
them was on the building, the top floor of the building that
is already there.
Mayor Ferre: Can you help him out? We're about to vote.
Ms. Cooper: Well, I would be happy if you would vote. I
could point out that first of all the declarations that were
presented were not even properly executed, they don't have
two witnesses, they are not notarized. And second of all,
we take the position that there must be a joinder by all
mortgagees and there is none, there is no opinion of titie
and especially in this instance where Mr Bliss has stated on
the record that one of the mortgage holders is the person
who he expects or hopes will construct a building if these
covenants are not joined by that mortgagee and all the
mortgagees then they would not have to follow the covenants.
Third of all, we agree with,the opinion of the City Attorney
with regard to the issue of the bankruptcy but those are
just the technical issues with regard to the specific decla-
ration that he has submitted. Substantively, it doesn't
even come close even in the items that don't regard the
building. For example, in the Babylon declaration of re-
104
M`,`; u 9 13'34
RT
strictions it says that the property and the building, but
let's say just the property because that includes it, may be
used only for the following uses: Residential, offices not
selling merchandise on the premises and banks and savings
and loans. He makes no such covenants. He says here, while
retaining the rights and uses presently allowed for the
property he voluntarily covenants that he will construct in
accordance with the density of 3/6 rather than 3/7 so he is
retaining everything else the Babylon gave away and in
addition he says that they won't have dental or medical
clinics but they can have private offices. He says nothing
about drive-n tellers not being permitted, he says nothing
about anything else that deals with the substance of it. In
reviewing .... Because I have just seen this for the first17
time, it seems to me that most of the covenants he is offer-
ing are meaningless and unenforceable. The owner will make
an intensive study as to the feasibility of preserving the
building, that means nothing. There is no enforceability on
that. The design and construction of the building plant
will be of equal or higher quality than those presently in =
the area. Who is to determine that? How are we going to
enforce anything along those lines? In the event the traf-
fic light is placed at Brickell and S. E. 14th Street, the
owner will cooperate to divert traffic from the property
through that thoroughfare. That doesn't mean anything. Mr.
Bliss gives the impression of not understanding, he under-
stood so well that he has given nothing in this document of
substance, he hasn't even executed it properly and he hasn't
taken the time and the trouble to obtain these signatures of
the other parties necessary in order to make it binding and
enforceable and I think that your position that we've given
him every opportunity - this is thee 7th hearing before this
City Commission, I'll ask my assistant, Valerie Smith to
pass out the history before this Commission to the Commis-
sion and to Mr. Ongie. This is the 4th Second Reading, we
had 3 First Reading. This item started out before the
Zoning Board in December of 82 and I really think that he
has had every opportunity, he hasn't tried, he hasn't suc-
ceeded.
Mr. Plummer: All of these poor people now are going to have
to go back and watch soap operas, they will no longer to
have a Commission to come down and watch.
Mr. Dawkins: Mr. Bliss, I would like for the record to ask
you, the document that Mr. Plummer asked you did you have in
your hand, had you seen it before?
Mr. Bliss: That is the document you gave me, I believe, the
declaration of restrictions.
Mr. Dawkins: Okay, now see, just like Commissioner Plummer
said, we have tried and I'm really disturbed because like
you said, we see you losing your shirt. You know, and it
grieves us but I've tried, I've tried my damndest to help
you but you just don't, I couldn't help you, sir.
Mr. Bliss: Well, Mr. Dawkins, I know that you tried and I
know you couldn't help me and I do know that the Declaration
of Restrictions that I tried to follow was one that was
tailor made for the building next door who were a bank group
and I tried to leave the things off that weren't necessary
like the tellers because we weren't going to have a bank
there, they had a bank next door. Other than that, we tried
to put ourselves in- the - we said no medical or dental
clinics, but I don't know any office that won't let a single
doctor or dentist come into the area of an office building.
Mr. Dawkins: No further discussion, Mr. Mayor.
105 MAR 2 9 1984
RT
A MOTION UPHOLDING THE RECOMMENDATION OF
THE ZONING BOARD AND DENYING REQUEST
MADE BY ALLEN BLISS FOR CHANGE OF ZON-
ING OF LOT 4 LOCATED AT 1402 S.W. BAY -
SHORE DRIVE aka 1402 SO. BAYSHORE DRIVE
FROM RG-3/7 TO SPI-5.
Upon being seconded by Commissioner Plummer, the
motion was passed and adopted by the following vote -
AYES: Commissioner
Commissioner
Mayor Maurice
NOES: None.
Miller J. Dawkins
J. L. Plummer, Jr.
A. Ferre
ABSENT: Coommissioner Joe Carollo
Vice -Mayor Perez
NOTE FOR THE RECORD: AGENDA ITEM 21 WAS CONTINUED TO THE
NEXT MEETING.
------------------------------------------------------------
51. DISCUSSION REGARDING FUTURE DEVELOPMENT OF MIAMI CENTER
PHASE I - CITY ATTORNEY TO REPORT BACK AT THE APRIL 26TH
MEETING.
Mr. Plummer: Mr. Mayor, I would like to ask, Mr. Pierce, in
lieu of Mr. Gary, and this will come into your responsibili-
ty. It has been announced in the paper that the Miami
Center of the downtown development has or is intending to
drop a portion of development. It was my understanding at
the time of the development order and the granting of ap-
proval by this Commission that all of that project, as I
recall, referred to as Phase A, B and C were tied in unity.
I ask you, sir, to research the development order and the
minutes of the meetings in this Commission relating to that
to see whether of not the developer has the right to sepa-
rate or delete from that which was granted. It was my
understanding that it was all tied together and it was not
his prerogative to drop"A" portion or "B" portion. I would
ask you to report back to this Commission no later than the
26th of April.
Mr. Pierce: Will do.
52. ALLOCATE SUFFICIENT FUNDS TO PURCHASE ON AN EMERGENCY
BASIS 100 TRASH RECEPTACLES SAME TYPE AS PRESENTLY USED
TO WIPLACE UNITS WHICH HAVE BEEN STOLEN OR DESTROYED.
Mr. Dawkins: Mr. Pierce, also, before we leave here, Mr.
Gary, since he isn't here, 'we needed passage of something
for the garbage containers. What is it we need on that,
sir?
Mr. Pierce: We were seeking authorization to buy up to 100
of the metal containers as emergency replacements for use in
106 MAR 2 9 1984
R T`
certain areas of the City like Coconut grove, downtown,
metal. The concrete ones we looked 'for an allocatic
funds to purchase 500 of those for City-wide, it will
us from 6 to . 8 months to finalize the design, put out
bid and get it back and then construct them. So we
some of the metal ones in the interim.
Mr. Plummer: Well, I'll tell you what, I'm willing to
to approve the interim temporary use but I want to tel:
those outside remind me of "The Guns of Navarone". I c
think it takes much imagination to make something a l;
bit more decorative than "The Guns of Navarone".
Mr. Pierce: That is a plain concrete cover. We car
color, any color design, there is a plan to put the....
Mr. Plummer: Look, I don't want to bring in my business but
I've got burial vaults that look better than those damned
things and they're probably cheaper.
Mayor Ferre: Quite while you're ahead, Walter, I thought
you were a pro.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 84-345
A MOTION TO AUTHORIZING THE CITY MANAGER
TO ALLOCATE SUFFICIENT FUNDS TO PUR-
CHASE, ON AN EMERGENCY BASIS, ONE HUN-
DRED (100) TRASH RECEPTACLES THE SAME AS
THE TYPE THAT ARE PRESENTLY IN USE, TO
REPLACE UNITS THAT HAVE BEEN STOLEN OR
DESTROYED WITH THE INTENT THAT THESE
RECEPTACLES WILL BE CHANGED IN THE
FUTURE TO A NEWER TYPE, AS APPROVED BY
THE CITY 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 Perez
Commissioner Joe Carollo
-- - -- -- - - ----------------
53. AUTHORIZE CITY MANAGES TO EXECUTE AGREEMENT WITH MARILYN
F. REED FOR PROFESSIONAL CONSULTING SERVICES IN THE AREA
OF ENVIRONMENTAL EXPERTISE.
------------------------------------------------------------
Mr. Plummer: I move the motion to approve the contract for
Marilyn Reed.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-346
107
MAR 2 9 1984
RT
0
A RESOLUTION AUTHORIZING THE CITY MANAG-
ER TO EXECUTE AN AGREEMENT, IN SUBSTAN-
TIALLY THE ATTACHED FORM, WITH MARILYN
F. REED FOR PROFESSIONAL CONSULTANT
SERVICES IN THE AREA OF ENVIRONMENTAL
EXPERTISE CONCERNING LEGISLATIVE AND
ADMINISTRATIVE ACTIVITY WHICH IMPACTS
THE EXERCISE OF JURISDICTION BY THE
3F
CITY; ALLOCATING THEREFOR AN AMOUNT NOT
TO EXCEED $109000 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.)
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 Perez
Commissioner Joe Carollo
54. AUTHORIZE CITY MANAGER TO INITIATE A STUDY OF RESIDEN-
TIAL STREETS IN THE NORTH AREA OF COCONUT GROVE BEING
USED AS "RACEWAYS" SPEEDING AREAS AND THE PROPOSED
ELIMINATION OF OVERHANGING SHRUBBERY OR THE INSTALLATION
OF MIRRORS TO REDUCE TRAFFIC HAZARDS IN THE AREA.
------------------------------------------------------------
Mayor Ferre: Mr. Manager, I have in my recent visits to
North Grove noticed that in all those streets starting
• around 4:30 become speedways and people start cutting up
through Micanopy, Natoma, all these Indian names on and
on....
Mr. Plummer: And Espinola around the 8 foot wall with no
doors.
Mayor Ferre:. What brings the matter to a head, Mr. Manager,
is that I had a visit from the new President of Bay Heights
along with a long list of distinguished names such as Mr.
Rosichan and Mrs. Cole and on and on and on, about how fed
up they are in Bay Heights with the Speedway they call Bay
Heights. Now, Mr. Manager, I would like to make a motion
that the administration be instructed and requested to make
a survey of what streets are raceway streets in North Grove.
Mr. Gary: Can we do it city-wide?
Mayor Ferre: I want to do it anywhere you want, but I'll
tell you right now where I see it is in North Grove and in
residential streets 4that are being used to bypass arterial
roads, I would like' to. hi§ve speed bumps placed all over
those residential street§ and I would like to have a public
hearing. I would like to have a public hearing to that
effect because it is'unbelievable what I have seen recently,
it is unreal. I mean I have literally seen cars speed by at
55 and 60 miles an hour down those North Grove streets. It
is unreal.
MAR 2 9 1984
RT
Mr. Plummer: Mr. Mayor, let me tell you what you're saying.
The last traffic study that was done on , Tigertail, Tiger -
tail is a residential built street which, in fact, will be
told to you by traffic: engineers is capable of carrying four
to five hundred cars per day. It is a residential street.
Three years ago when the situation was no where as bad as it
is today - it is much worse - three years ago they put a
meter at the intersection of Tigertail and Hallissee which
is the one that catches it all. I will tell you there were
three cars shy of 3,000 cars in a 24 hour period. Mr.
Mayor, let me tell you how funny it has gotten today.
Mayor Ferre: Well, there is no way you can stop people from
using streets, J. L., but I do think that we've got to
figure out a way to stop races. Now, Mr. Manager, that is
one. Now let me tell you another problem that I have along
that general area.
Mr. Gary: Why don't we do the Orange Bowl area too?
Mayor Ferre: Fine, I'll go along with that. Let me tell
you the other area that I'm concerned about. There are
streets along North Grove where if you stop 'where the stop
sign is you cannot see the oncoming traffic on Tigertail and
they are death traps. Now, I remember that Morris Burke's
wife had a very serious accident there around 7 or 8 years
ago and it was almost fatal, as a matter of fact, I think it
was fatal for the unfortunate person that was on the receiv-
ing side. I think we should have, when you do this survey
of all these Coconut Grove streets, where bushes and hedges
have grown to such an extent that you literally cannot see
oncoming traffic. Now, I have no objections to keep the
character of the Grove, I talked to Jack Luft about this. I
have no objections if we put these round mirrored things
like they do in Palm Beach or if we permit the private
property owners at their expense on their property in lieu
of chopping down a hedge to put something so that the City
will not have a liability, but so that oncoming traffic will
be visible. They will have a choice, in other words either
they chop down the hedge or they provide somehow a way for
automobiles to be able to see oncoming traffic. I so move
that the administration study that and come back with recom-
mendations and hold a public hearing, by the way because I
think obviously ' this is going to be a subject matter for a
lot of discussion.
The following motion was introduced by Mayor Ferre, who
moved its adoption:
MOTION NO. 84-347
A MOTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO IMMEDIATELY INITIATE A
STUDY OF RESIDENTIAL STREETS LOCATED IN
THE NORTH AREA OF COCONUT GROVE TO
DETERMINE WHICH STREETS ARE BEING USED
AS "RACEWAYS" OR BEING USED BY PERSONS
SEEKING TO AVOID THE USE OF ARTERIAL
STREETS, FOR POSSIBLE CONSIDERATION OF
INSTALLING SPECIAL BUMPS; FURTHER DI-
RECTING THE. CITY MANAGER TO BEGIN AN
INVESTIGATION OF OVERHANGING SHRUBBERY
_ ALONG RESIDENTIAL STREETS THROUGHOUT THE
ENTIRE COCONUT GROVE AREA WHICH PRESENT-
LY CONSTITUTES A DANGER TO LIFE AND LIMB
AND TO SCHEDULE A PUBLIC HEARING ON A
.109
MAR 2 9 1984
RT
PROPOSED SOLUTION WHICH WOULD REQUIRE
EITHER THE CUTTING BACK OF THE SHRUBBERY
TO OPEN UP VIEW CORRIDORS FOR TRAFFIC
SAFETY OR GIVE THE OWNER THE OPTION OF
INSTALLING MIRRORS SO THAT BOTH THE
DRIVERS AND THE RESIDENTS CAN BE AWARE
OF APPROACHING TRAFFIC.
Upon being seconded by Commissioner PLUMMER, the
motion was passed and adopted by the following vote -
AYES:
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Perez
Commissioner Joe Carollo
------------------------------------------------------------
55. DISCUSSION ITEM OF ADDITIONAL APPROPRIATION FOR THE
OFFICE OF THE MAYOR. (See later same meeting).
------------------------------------------------------------
Mayor Ferre: Nestor?
Mr. Nestor Toledo: Mayor and Commissioners, I'm coming ...
Mr. Dawkins: No.
Mr. Plummer:
room.
You're funny. I've got to go to the men's
Mr. Toledo: I've come here to request a $15,000 increase in
the Mayor's budget. ,It is a request for Postage, Printing
and Ceremonial Materials.
Mr. Plummer: Oh, is that like keys and proclamations and
things that the Mayor won't give to us that he keeps unto
himself? Do we have a breakdown on an itemized budget?
Mayor Ferre: Make sure you take notes of all of this.
Mr. Plummer: Yes, and as soon as you take those out of your
filing cabinet and bring them we'll approve it.
Mayor Ferre: Yom''re a hell of a salesman. Nestor, Hey, look at
him, he's going to get bleeding ulcers or something.
Mr. Plummer: Well, let's think about it for a minute. What
else have we got to take up? What do you think, Miller? He
don't need 10, how about 5. Would you settle for $3,300?
---------------------------------------------------------
,56. PERSONAL APPEARANCE: JANET COOPER REGARDING A POLO
MATCH BEING STAGED AT THE ORANGE BOWL STADIUM.
------------------------------------------------------------
Mayor Ferre: Go,ahead, Janet.
Ms. Janet Cooper: I mentioned this item to Mr. Gary and he
asked me to tell you. I'm representing a group called the
Redlands Citizens Association. They are on S. W. Oth
Street.
Ji _V
MAR 2 9 1984
RT
•
Mayor Ferre: The Redlands?
Mr. Plummer: Wait until you hear what it is about.
Mayor Ferre: I'd like to join that since I'm a property
owner down there.
Ms. Cooper: Are you? Well, it is a wonderful association
and when I went down there it was terrific because the air
was clean and there weren't any highrises and it was very
nice. I'm representing them with regard to an application
for a horse condominium. The density is 4 times 384 feet
per...
Mayor Ferre: You have finished saving Brickell Avenue, now
you're going to save the Redlands? Janet, I hate to tell
you this, but poor Manny Medina and his associates who are
the guys that own that, when Manny Medina comes back from
Hong Kong or wherever he is, or London, and he finds out
that you are representing the Redlands Association against
his Polo Club that man is going to have apperplexy.
Ms. Cooper: Well, I'm interested to hear because in the
disclosure of ownership Manny Medina's name has never been
mentioned.
Mayor Ferre: Julian Mesa is his partner, and I don't know
whether Manny is in it but I know.....
Mr. Plummer: He is now.
® Ms. Cooper: Well, let me say that the density is 384 horses
on this site that is slightly over 49 acres. But the reason
I mention it to you.is because this same organization called
Fox Lair Farms, Inc., they came before this Commission and
obtained a waiver of fee for use of the Orange Bowl on two
separate occasions, $5,000 each for polo matches.
Mr. Plummer: Correct, no, one...
Ms. Cooper: February and March 31st.
Mr. Plummer: One, March 31, this Saturday.
Ms. Cooper: Okay, well, I saw one that said February as
well. Even if it is only one, I have seen two newspaper
articles that state that the purpose of their holding this
polo match is to promote and advertise their condominium,
the sale of their condominiums.
Mr. Plummer: No, absolutely not. Let me correct you. It
was stated on this record, which can be for perjury, that
the proceeds of that event were for charity.
Ms. Cooper: Yes, I don't dispute that. They have stated
that. However, it has been stated elsewhere that the pur-
pose, irrespective of where the funds will go, that the
purpose of the event is to promote their horse condominium
in the Redlands. Now, I find, as a citizen in the City of
Miami, because nothing I say here . has any effect on the
County, and I will submit the articles to ter. Uary and to
each of you - but I am.offended ....
Mayor Ferre: I would agree with the premise that if, in-
deed, what they're doing is promoting their condominiums by
having a polo match, I think it is wrong for them to have
the use of the Orange Bowl for no cost to promote a private
project. Now, if that is the case, now I have not seen
that. If what they are doing is promoting polo as a sport
and they're not saying....
-zIi MAR 2 9 1984
RT
Mr. Plummer: And the proceeds to charity.
Mayor Ferre: And the proceeds go to charity and they're not
saying come watch the polo game and then buy a condominium.
What is it called, a horse condominium?
Ms. Cooper: It is a condominium country club for horses.
Believe me, I say it with a straight face.
Mr. Plummer: Janet, I want to tell you, you get some win-
ners. You really get some winners. And I never thought I
would see a young Jewish girl up there with the rednecks -
oh, it is the Redlands, I'm sorry.
Ms. Cooper: Well, I'll get more information. I should tell
you also that they held an exhibition on the site where they
are planning to put this and it was for the purpose of
promoting the acknowledged, the condominium.
Mr. Dawkins: Make sure now that if Maurice Ferre gets
membership in that Howard Gary can get one too.
Mr. Plummer: Are they trying to serve alcohol?
Ms. Cooper: Food and beverage, I'm not sure about alcohol.
Mr. Plummer: They must be trying to serve alcohol, that's
all I know. Have you ever seen a drunken horse? You ain't
lived.
57. AUTHORIZE AND DIRECT CITY MANAGER TO ALLOCATE AN AMOUNT
NOT TO EXCEED $159000 FOR THE OFFICE OF THE MAYOR '83-84
BUDGET.
Mr. Plummer: I will move the motion subject to Commissioner
Dawkins and Commissioner Plummer receiving all of the cere-
monial matters that we need without question, and approval
and subject to the City Manager's approval.
Mr. Dawkins: I second on those conditions.
Mayor Ferre: Further discussion? Now wait a minute. I'll
have to vote against that.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 84-348
A MOTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO ALLOCATE AN AMOUNT NOT
TO EXCEED $159000 AS AN INCREASE IN THE
FY-83-84 BUDGET FOR THE OFFICE OF THE
MAYOR TO FACILITATE THE PURCHASE OF
CEREMONIAL SUPPLIES, KEYS TO THE CITY,
PROCLAMATIONS AND OTHER NEEDED MATERI-
ALS.
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
112
MAR 2 9 1984
RT
j
NOES: None.
ABSENT: Vice -Mayor Perez
Commissioner Joe Carollo
On roll call:
Mayor Ferre: I vote no.
Mr. Ongie: I'll just give you the money, I'll delete the
rest.
Mr. Plummer: Yes, do that, that's all right.
------------------------------------------
58. AUTHORIZE CITY MANAGER TO INSTIGATE A COMPETITION FOR
THE REDESIGN OF THE "KEY TO THE CITY" TO BE USED IN
CONNECTION WITH CEREMONIAL OCCASIONS.
------------------------------------------------------------
Mr. Plummer: Mr. Mayor, let me tell you what I would like
to do, and I think it is something that you have expressed
and the rest of us have expressed over some period of time.
I would like to see a competition held - I don't know that
a^F of us are proud, really proud of the key that is pre-
sented by this City. I would like to see, Mr. Gary, a
competition held, and I think the Public Information Office
would be the logical place to do it, we invite people who
would like to make an offering to the City of the purpose of
a new key to this City. I think it is way past due.
Mayor Ferre: We've gone over that 10 times and every time
we get a new design one is worse than the other.
Mr. Plummer: Well, let's try it again.
Mayor Ferre: Well, I'll tell you I'd be happy with the one
the County has.
Mr. Plummer: I wouldn't, I don't want to be the same as the
County. Do you have any problem with having a competition?
Let's try it.
Mayor Ferre: J. L., look, this goes back to Paul Andrews.
I used to ask Paul Andrews and then when Grassie got here,
he said, "Oh, we'll have it made in Colombia or Mexico or
some place" and every time I'd go to Colombia I'd bring back
another key. Charlotte Gallogly must have ten of these keys
sitting around for the last five years and I don't know who
else.
Mr. Plummer: I make a motion that the administration insti-
gate a competition for the development of a new City key and
come back to this Commission recommending an appropriate
prize.
.113
MAR 2 9 1984
HT
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 84-349
A MOTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO INSTIGATE A COMPETITION
FOR THE REDESIGN OF THE "KEY TO THE
CITY" WHICH IS USED I CONNECTION WITH
CEREMONIAL OCCASIONS AND GIVEN TO VISIT-
ING DIGNITARIES FURTHER DIRECTING THE
MANAGER TO RECOMMEND AN APPROPRIATE
PRIZE FOR THE WINNER OF THE CONTEST AT A
FUTURE MEETING.
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 Perez
Commissioner Joe Carollo
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE
CITY COMMISSION, THE MEETING WAS ADJOURNED AT 8:10 O'CLOCK
P.M.
MAURICE A. FERRE
M A Y 0 R
ATTEST:
CITY CLERK
ASSISTANT CITY CLERK
•114 MAR 2 9 1984
RT
4k
CIi�Y OF rill''fAml
DOCUMENT
MEETING DATE:
MARCH 29, 1984
INDEX*
DOCUMENT IDENTIFICATION I COAETTONONAND CODEIEVO.
ACCEPTING THE CITY CLERK'S CERTIFICATION AND DECIJ`-RATION OF
THE RESULTS OF EACH OF THREE SPECIAL MUNICIPAL ELECTIONS
R-84-317
HELD ON PARCH 13, 1984 IN WHICH GENERAL OBLIGATION BOND
ISSUES 1^7EI:E DISAPPRI M7ED.
ACCEPTING THE CITY CLERK'S CERTIFICATION AND DECLPTRATION OF
TIME SPECIAL MUNICIPAL ELECTION ON ..11ARCH 13, 1984 IN I%HICH
R-84-318
THE ISSUANCE OF POLICE HEADOUA=RS AND CRZ'IE PTl0.TNTTON
FACILITIES GENERAL OBLIGATION BONDS WERE APPROVED.
ACCEPTTNG THE; CITY CLERK'S CERTIFICATION AND DECLARATION OF
THE RESULTS nF THE SPECIAL MUNICIPAL ELECTION HELD ON MARCH
R-84-319
13, 1984 IN I-VTCH THE ISSUANCE OF S 'ORh1 SFI%TFR IMPROVE%1 I`P
_—
GENERAL OBLIGATION BONDS [;AS APPROVED.
DEFERRING FOR NINFTY (90) DAYS THE PL-TINNING ADVISORY BOARDS
HEARINGS ON THE APPLICATION OF THE HC-1: GENERAL USE I-TERI-
R-84-321
- TAGE CONSERVATION CIVERLAY DISTRICT TO TITF LYRIC TIEATEP.
ACCEm. ,TNG THT PLAT EN'TTTIED "T.M. ALEXANDER SUBDIVTSIONS"
- ACCEPTING THE DEDICATIONS ON SAID PLAT, AND AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXF.CU..'E THE
R-84-322
PLAT, AND PROVIDE FOR ITS RECORDATION IN DADE COUNTY PUBLIC
RECORDS.
— ACC-ElPTT_NG THE PLAT E rlrrTTD "LITTLE 'RIVER BELL-SUBD-VISTONS
ACCEPTING THE DEDICATION AND AUTHORIZING AND DIRECTING THE
R-811-323
CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDE
FOR ITS RECORDATION IN THE PUBLIC RECORDS OF DADE COUNTY.
ACCEPTING THE PLAT FNTITLED "LEVI'S ACRE SUBDIVISIONS", ANE
ACCEPTING TITE DEDICATIONS OF SAID PLAT, AND AUTHORIZING THE
R-84-324
CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT, AND TO
PROVIDE FOR ITS RECORDATION IN DADE COUNTY PUBLIC RECORDS.
RATIFING,APPROVING AND CONFIRMING TIRE ACTION OF THE CITY
_ MANAGER IN EXECUTING AN AGREFI= WITH THE UNITED STATES
R-84-325
FOOTBALL LEAGUE FOR THE USE OF THE ORANGE BOWL STADIUM.
INSTRUCTING THE C.T.TY ATTORNEY TO ENGAGE THE SERVICES OF
PETER HURTGEN,ESn, OF THE FIRM OF MORGAN,L0,lIS & BOCKIUS,
AS SPECIAL COUNSEL REGARDING A LAWSUIT FILED BY IFMlETF I.
R-84-328
HARMS,FORMER CHIEF OF POLICE, AGAINST THE CITY OF MIAMI IN
THE UNITED STATES DISTRICT COURT.
ESTABLISHING A NINE-PEMBER SELECT ADVISORY C mlITTEE TO
CONDUCT A REVIEW OF APPLICATIONS FOR TIIF POSITION OF CITY
ATTORNEY INCLUDING PERSONAL INvI'ERVILIIS OF THE APPLICANTS, R-84-330
APPOINTING INDIVUALS TO SAID COMMITTEE AND DESIGNATING THE
CHAIRPERSON THEREOF.
ACCEPTING THE BID OF TREE MASTERS, INC. FOR FURNISHING ALL
LABOR AND EQUIPMENT FOP. BUILDING DFTIOLITION AT 2000 S,11,24 I R-84-333
STREET TO THE DEPART ENT OF FIRE, RESCUE AND INSPECTIONS.
SERVICES; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
PURCHASING AGENT TO ISSUE A PURCHASING ORDER FOR THIS
SERVICE.
DOCUMENTIMINDEX.
CONTINUED Pagez.
DOCUMENT IDENTIFICATION I ACTION A_Nn
APPROVING, IN PRINCIPLE, THE MIAMI DESIGN PLAZA. DISTRICT
DEVELOPME4T PLAN AS AN ANCILLARY TO THE MIA14I COMPREHENS
NEIGHBORHOOD PLAN, PROPOSING STREET IlTRaM4ITS, EXPANDED R-84-339
PARKING, BEAUTIFICATION AND LANDSCAPING, IMPROVED SIGNAGE
AND SIGNALIZATION, URBAN DESIGN GUIDELINES, PRCGMOTIONAL
ACTIVITIES, AND FUNDING ALTERNATIVES.
AUTHORIZING THE CITY MANAGER TO EXECUTE AN PGREEK= I7ITH
MARILYN F. REED FOR PROFESSIONAL CONSULTANT SERVICES IN R-84-346
AREA ENVIRCHUNTAL ErKPERTISE CONCERNING LEGISLATIVE AND
ADMINISTRATIVE ACTIVITY WHICH DAPACTS THE EXERCISE OF
JURISDICTION BY THE CITY .