HomeMy WebLinkAboutCC 1984-01-26 Minutesr
CITY OF I MIAMI
COMMISSION
MINUTES
OF MEETING HELD ON January 26, 1984
(PLANNING AND ZONING)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G.. ONGIE
CITY CLERK
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PLANNING AND ZONING SUCT JANUARY 26/1984
AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO
EXCEED $35,000 TO THE BUDWEISER UNLIMITED REGATTA;
FURTHER AUTHORIZING AN ADDITIONAL $10,000 TO BE GIVEN AS
A GRANT IN CONSIDERATION OF ESPN TELEVISION COVERAGE
DECLARING CITY AS OFFICIAL SPONSOR OF THE "BUDWEISER
UNLIMITED REGATTA". FURTHER ACCEPTING $100,000 FROM
ANHEUSER-BUSCH AS PURSE MONEY IN CONNECTION WITH SAID
REGATTA.
AUTHORIZE MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED
$10,700 TO SPONSOR A SERIES OF LOCAL PRODUCTION SEQUENC-
ES TO BE AIRED ON NATIONAL SYNDICATED TELEVISION IN A
JOINT VENTURE WITH METROPOLITAN DADE COUNTY.
RATIFY/APPROVE ACTION OF CITY MANAGER IN AUTHORIZING
EMERGENCY PURCHASE OF PRESTRESSED CONCRETE JOISTS AND
REINFORCING STEEL FOR COMPLETION OF CONCERT STAGE AT
MIAMI BASEBALL STADIUM (31,200).
REFER TO CITY MANAGER REQUEST FROM REPRESENTATIVES OF THE
COCONUT GROVE FAMILY CLINIC FOR EXTENSION OF THEIR
PRESENT LEASE WITH OPTIONS CONCERNING CONSTRUCTION OF
ADDITION TO THE CLINIC LOCATED ON CITY PROPERTY.
REFER TO MEMORIAL COMMITTEE A PROPOSAL TO RENAME THE
COCONUT GROVE FAMILY CLINIC IN HONOR OF CANON TiiEODORE
R. GIBSON.
REAFFIRM PRIOR COMMITMENT AND AUTHORIZE CITY MANAGER TO
ALLOCATE $25,000 FOR THE "FOURTH INTER-AMERICAN SUGAR
CANE SEMINAR".
REAFIRM POLICY REQUIRING AUDIT WHEN CITY MONEYS ARE
EXPENDED FOR CONFERENCES, SEMINARS, ETC.
DECLARE CITY COMMISSION'S POLICY IN CONNECTION WITH USE
OF A LOCAL CO --COUNSEL ON CITY BOND ISSUES, SAID SELEC-
TION TO BE ON A ROTATING BASIS, TO WORK IN CONJUNCTION
WITH OUR NEW YORK BOND COUNSEL.
DIRECT CITY ATTORNEY TO DEVELOP A LIST OF LOCAL LAW
FIRMS QUALIFIED TO BE USED AS LOCAL CO -COUNSEL ON FUTURE
CITY BOND ISSUES.
ALLOCATE EXPENSES FOR ROUND-TRIP TICKETS FOR THE
MAYOR TO ATTEND THE INAUGURATION CEREMONIES OF THE
PRESIDENT OF VENEZUELA TO BE HELD IN CARACAS.
DIRECT CITY MANAGER AND CITY ATTORNEY TO MEET AND
DISCUSS FORMULATION OF PROPOSED CHARTER CHANGES FOR THE
NOVEMBER ELECTION.
SECOND READING ORDINANCE. AMEND ARTICLE I OF CHAPTER 54
OF THE CODE BY ADDING A NEW SECTION 54-12.1 PROHIBITING
THE CARRYING OF OR DRINKING OR EATING FROM ANY OPEN
GLASS CONTAINER DURING ANY OPEN AIR OUTDOOR CULTURAL,
ART, FOLK OR STREET FESTIVAL.
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PLANNING AND ZONING `��`�� JANUARY 26/1984
GRANT REQUEST CONCERNING AMENDMENT TO THE EXECUTIVE
PLAZA PLAT.CONCERNING CLOSURE OF N.E. 31ST STREET.
DISCUSSION ITEM. PERSONAL APPEARANCE PAT ASSALONE, ESQ.
REGARDING PLANING DEPARTMENT STUDY CONCERNING ADJACENT
AREA TO THE PANTRY PRIDE PROPERTY ON S.E. 3RD STREET.
ALLOCATE $2,000 IN SUPPORT OF THE BOY SCOUTS OF AMERICA,
EXPLORER POST #743 MIAMI JOB CORPS DRILL TEAM.
SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION
3571-3601 S.W. 37TH AVENUE; 3666-3698 FRANKLIN AVE. &
3621-3695 MARLER AVENUE FROM RS-2/2 TO PD-H.
SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION
955 N.W. 3RD STREET -VICTORIA HOSPITAL FROM RG-2/5 TO RG
3/5.
SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION
"AIRPORT 7, INC." 5040 N.W. 7TH STREET FROM RG-3/6
AND RG-1/3 TO CR-2/7.
DISCUSSION AND TEMPORARY DEFERRAL OF A PROPOSAL TO APPLY
SEC. 1613-HC-4 COMMERCIAL AREA HERITAGE CONSERVATION
OVERLAY DISTRICT TO SEARS, ROEBUCK AND CO. 1300 BISCAYNE
BOULEVARD. (SEE LATER SAME MEETING).
DENY APPLICATION OT PLANNING DEPARTMENT TO APPLY SECTION
1613-H-4; COMMERCIAL AREA HERITAGE CONSERVATION OVERLAY
DISTRICT TO SEARS, ROEBUCK & CO., 1300 BISCAYNE BOULEVARD.
FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
2900-2950 S.W. 32 AVE. & 2901-2930 S.W. 32 AVE. FROM RO-
2.1/4 TO CR-2/4.
COMMEND REPRESENTATIVE BARRY KUTUN UPON HIS SELECTION AS
"MAN OF THE YEAR" BY THE POLICE ATHLETIC LEAGUE.
FIRST READING ORDINANCE. CHANGE ZONING CLASSIFICATION
2524-34-42-46 S.W. 6TH STREET FROM RS-2/2 TO RO-3/6.
FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
5600-5650 N.W. 6TH STREET FROM CG-1/7 TO RG-2/4.:
FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
2784 S.W. 7TH STREET, A & A GLASS & MIRROR, INC. FROM
CG-1/7 TO CR-3/7.
FIRST READING ORDINANCE: APPLY SECTION 1610-HC-1:
GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO
THE "WILLIAM WAGNER HOUSE" LOCATED AT 404 N.W. 3RD
STREET. (PARK).
FIRST READING ORDINANCE; APPLY SECTION 1601-HC=1 GENERAL
USE HERITAGE CONSERVATION OVERLAY DISTRICT TO "FORT DALLAS"
LOCATED AT 404 N.W. 3RD STREET V.ARK).
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M-84-97 1 23-24
DISCUSSION 1 25-27
R-84-98 1 27
ORD. 9778 1 27-28
ORD. 9779 1 28-29
ORD. 9780 1 29-30
DISCUSSION 1 32-42
M-84-99 1 42-49
FIRST READINGI 49-50
M-84-100 1 50-51
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IRST READINGI 54-58
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PAGE
rEM No.
PLANNING & ZONING JANUARY 26/1984
SIB.�CT
REsowr�ot�CE
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PROCLAMATIONS, PLAQUES AND SPECIAL ITEMS
DISCUSSION
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AUTHORIZE STREET CLOSURE OF PORTION OF N.E. 2ND CT.
BETWEEN N.E. 22ND AND 23RD PUBLIC ALLEYS LOCATED IN THE
BLOCKS BOUNDED BY N.W. 22ND AND 23RD STREET, BISCAYNE
BOULEVARD AND N.E. 2ND AVENUE RE:TENTATIVE PLAT:1200
B-"TERRANOVA BISCAYNE".
R-84-101
59-61
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AUTHORIZE STREET CLOSURE PORTION OF S.E. 4 STREET LYING
N.E. OF EAST RIGHT-OF-WAY LINE OF SOUTH MIAMI AVENUE RE:
TENTATIVE PLAT #1223 "RIVERFRONT CENTER".
R-84-102
61-62
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AGREEING TO ACCEPT PLAT AT FEBRUARY 9TH MEETING IN
CONNECTION WITH RIGHT-OF-WAY FOR THF. NEW MIAMI AVENUE
BRIDGE; FURTHER QUESTIONING STATE OFFICIALS AS TO AN
OFFICIAL COMPLETION DATE OF BRIDGE, AND PROGRESS BEING
MADE ON THE DUPONT PLAZA BIFURCATED RAMP SYSTEM.
GRANT EXTENSION OF TIME FOR CONDITIONAL USE TO PERMIT
EXPANSION OF EXISTING CEMETERY LOCATED AT 245-299 N.W.
55TH CT.
PERSONAL APPEARANCE: MR. ARMANDO ALEJANDRE, LATIN CHAMBER
OF COMMERCE, TO EXPRESS SUPPORT FOR THE ISSUANCE OF BONDS
FOR THE ORANGE BOWL IMPROVEMENTS.
DIRECT CITY MANAGER TO ALLOCATED AN AMOUNT NOT TO EXCEED
$10,500 FOR THE "INDUSTRIAL HOME FOR THE BLIND'.
I
DISCUSSION ITEM: PERSONAL APPEARANCE BY SKIP SHEPPARD,
WILLY GORT, ROSE GORDON AND ERNIE FANNOTTO EXPRESSING
SUPPORT FOR THE ISSUANCE OF BONDS FOR ORANGE BOWL
IMPROVEMENTS.
BRIEF DISCUSSION AND DEFERRAL OF CONSIDERATION OF
REQUEST FOR ZONING AT 3665-67 N.W. FLAGLER TERRACE
FROM RG-1/3 TO CR-2/7.
DISCUSSIO- AND TEMPORARY DEFERRAL OF A REQUEST FOR
APPEAL OF VARIANCE WIHCH WAS DENIED BY ZONING BOARD
RE:PROPERTY LOCATED AT 1740 S.W. 22ND STREET. (NOTE:
THIS MATTER WAS, IN FACT, DEFERRED LATER ON TO FEBRUARY
28TH).
CONTINUED DISCUSSION OF ITEM #1: EXECUTIVE PLAZA PLAT.
STATEMENTS MADE BY MEMBERS OF THE ADMINISTRATION
AND NO FURTHER ACTION TAKEN AT THIS POINT.
APPOINTMENTS TO THE ZONING BOARD AND THE PLANNING
ADVISORY BOARD. INSTRUCT CITY ATTORNEY TO PREPARE
NECESSARY ORDINANCE TO AMEND CODE TO ALLOW FOR EXPANSION
OF BOTH BOARD; FURTHER SETTING FORTH CRITERIA RE:
QUORUM, CREDENTIALS OF MEMBERS, ABSENCES, ETC.
M-84-103
63-64
R-84-104 65-66
DISCUSSION 66-67
M-84-105 67-68
DISCUSSION 69-74
DISCUSSION 74
DISCUSSION 74-75
DISCUSSION 75-80
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-84-114
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PLANNING AND ZONING SUCT JANUARY 26/ 1984 OLUTION No PAGE NO,
FIRST READING ORDINANCE; AMEND ART. 20-GENERAL & SUPPLE-
MENTARY REGULATIONS, SUBSEC. 2008.9.2.2. OF ORD. 9500
TO PROVIDE MINIMUM DISTANCE WITHIN THE BASE BUILDING
LINE ALONG ONE SIDE OF A VISIBILITY TRIANGLE, FURTHER
AMENDING ART. 22 ("FUNCTIONS AND RESPONSIBILITIES...
IN CONNECTION TO ZONING".) FIRST
READING 100
SECOND READING ORDINANCE: AUTHORIZE ISSUANCE SUBJECT TO
ELECTION FOR $30,000,000 IN STORM SEWER IMPROVEMENTS
BONDS OF THE CITY OF MIAMI, FLORIDA. I ORD. 9781 100-101
SECOND READING ORDINANCE: PROVIDING FOR THE HOLDING OF
A SPECIAL MUNICIPAL ELECTION ON MARCH 13, 1984 WITH
RESPECT TO ISSUANCE OF $30,000,000 STORM SEWER IMPROVE-
MENT BONDS. I ORD. 9782 101-102
SECOND READING ORDINANCE: AUTHORIZE ISSUANCE SUBJECT TO
ELECTION OF $35,000,000 PARKS AND RECREATIONAL FACILI-
TIES BONDS. ORD. 9783 102-103
SECOND READING ORDINANCE: PROVIDING FOR THE HOLDING OF
A SPECIAL MUNICIPAL ELECTION MARCH 13, 1984 WITH RESPECT
TO THE ISSUANCE OF $35,000,000 PARKS AND RECREATIONAL
FACILITIES BONDS. ORD. 9784 103-104
SECOND READING ORDINANCE: AUTHORIZE ISSUANCE SUBJECT TO
ELECTION PROVIDING FOR THE ISSUANCE OF $1C,OUO,000
SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT
BONDS OF THE CITY OF MIAMI, FLORIDA. ORD. 9785 104-105
SECOND READING ORDINANCE: PROVIDE FOR THE HOLDING OF A
SPECIAL MUNICIPAL ELECTION MARCH 13, 1984 WITH RESPECT
TO THE ISSUANCE OF $10,000,000 SOUTHEAST/OVERTOWN/
PARK WEST COMMUNITY REDEVELOPMENT BONDS. ORD. 9786 105
SECOND READING ORDINANCE: AUTHORIZE ISSUANCE SUBJECT TO
ELECTION FOR $20,000,000 POLICE HEADQUARTERS AND CRIME
PREVENTION FACILITIES BONDS FOR THE CITY OF MIAMI, FLORIDA. ORD. 9787 106-107
SECOND READING ORDINANCE: PROVIDE FOR THE HOLDING,'OF A
SPECIAL MUNICIPAL ELECTION MARCH 13, 1984 WITH RESPECT
TO THE ISSUANCE OF $20,000,000 CRIME PREVENTION FACILITIES
BONDS. RD. 9788 107
SECOND READING ORDINANCE: AUTHORIZE ISSUANCE SUBJECT TO
ELECTION FOR $55,000,000 ORANGE BOWL MODERNIZATION BONDS
OF THE CITY OF MIAMI, FLORIDA. I ORD. 9789 108-110
SECOND READING ORDINANCE: PROVIDING FOR THE HOLDING OF
A SPECIAL MUNICIPAL ELECTION MARCH 13, 1984 WITH RESPECT
TO THE ISSUANCE OF $551000,000 FOR THE ORANGE BOWL
MODERNIZATION BONDS, ORD. 9i90 111
DISCUSSION REGARDING URBAN DEVELOPMENT ACTION GRANTS
(UDAG) APPLICATIONS TO BE ISSUED IN CONNECTION WITH:
(1) HERITAGE PLACE (OLD GESU SCHOOL)
(B) AIRPORT SEVEN (AKA AIRPORT 5040); AND R-84-11R-84-116
(C) INTERIOR DESIGN CENTER SHOW ROOM IN DECORATOR'S ROW, R-84-117 111-115
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PLANNING AND ZONING S1LECT JANUARY 26, 1984
RESOLUTION*AMENDING RES. 84-49 CALLING FOR A SPECIAL
MUNICIPAL ELECTION ON MARCH 13, 1984 CONCERNING CHARTER
AMENDMENT NO. 1 BY INCLUDING CAPTION AND LANGUAGE OF
THE QUESTION ON TEH BALLOT.
INSTRUCT CITY MANAGER TO FIND SOURCE OF FUNDS OTHER THAN
F.R.S. FUNDS TO FACILITATE FUNDING OF "ST. ALBAN'S DAY
NURSERY" AND "A.S.P.I.R.A. OF FLORIDA" FOR THE BALANCE
OF FY '83-'84.
INSTRUCT CITY MANAGER TO FIND A SOURCE OF FUNDS OTHER
THAN F.R.S. FUNDS TO FACILITATE FUNDING OF "CENTRO
MATER" AND "BELAFONTE TACOLCY" FOR THE BALANCE OF FY
' 83-' 84 .
AUTHORIZE CITY MANAGER TO WAIVE PERMIT FEES IN
CONNECTION WITH THE "GO CARTS" PORTION OF THE GRAN PRIX
EVENT, FOR A CHARITABLE EVENT.
FIRST READING ORDINANCE: SETTING FORTH A PROPOSED
CHARTER AMENDMENT KNOWN AS CHARTER AMENDMENT NO. 2
TO INCREASE MEMBERSHIP OF THE OFF-STREET PARKING BOARD
5 TO 7 MEMBERS.
RESOLUTION CALLING FOR A SPECIAL MUNICIPAL ELECTION ON
MARCH 13, 1984 FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORS OF THE CITY FOR THEIR APPROVAL OR DISAPPROVAL
A MEASURE KNOWN AS "CHARTER AMENDMENT NO. 2."
RESOLUTION SUPPORTING POLICY THAT FUTURE REQUESTS OF THE
CITY COMMISSION FOR FINANCIAL SUPPORT, IN -KIND SERVICES
AND/OR FACILITIES FEE WAIVERS AND NOT SPECIFICALLY
INCLUDED IN THE ANNUAL CITY BUDGET ARE TO BE ADMINISTRA-
TIVELY REVIEWED PRIOR TO DECISION BY THE CITY COMISSION.
SELECT CERTIFIED PUBLIC ACCOUNTING FIRM TO ANALYZE
PROPOSALS AFTER F.R.P.'S ARE RECEIVED FOR DEVELOPMENT OF
WATSON ISLAND.
APPOINT ADDITIONAL MEMBERS TO THE REVIEW COMMITTEE THAT
EVALUATES PROPOSALS FOR WATSON ISLAND UNIFIED DEVELOP-
MENT PROJECT.
SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION
LOTS 6, 7 & 8, SEAPLACE REALTY INVESTMENT NV. AND LOT 30
POINT VIEW TOWERS OF CURACAO INC. LOCATED AT 185 S.E.
14TH TERRACE AND APPROXIMATELY 200 S.E. 14TH ST. FROM RG-
3/7 TO R)-3/6.
PAGE # 5
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SOLUTION
R-84-118
M-8 3-119
M-84-120
M-84-121
FIRST
READING
R-84-122
R-84-123
R-84-124
R-84-125
ORD. 9791
M-84-126
61 CHANGE REGULAR CITY COMMISSION MEETING OF FEBRUARY 23, 1984
TO NOW TAKE PLACE ON FEBRUARY 28, 1984. 1 R-84-127
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TEM N0. PLANNING AND ZONING sm-1 JANUARY 26, 1984 BLUTION
62 CHANGE REGULAR CITY COMMISSION MEETING SCHEDULED
FOR APRIL'12, 1984 TO NOW TAKE PLACE ON APRIL 5, 1984.
63 AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH
METROPOLITAN DADE COUNTY FOR THE "MIAMI-METRO ACTION
PLAN".
64 BRIEF DISCUSSION ITEM: PLAN LUNCHEON AT A FUTURE DATE
TO HONOR ALICIA BARD.
65 FORMALIZE RESOLUTION DECLARING INTENT OF CITY COMMISSION
REGARDING STAGING OF CARNIVALS, FAIRS OR SUCH LIKE
EVENTS IN THE CITY OF MIAMI.
R-84-128
R-84-129
R-84-130
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MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 26th day of January, 19,84, the City Commission
of Miami, Florida, met at its regular meeting place in the
City Hall, 3500 Pan American Drive, Miami, Florida in regu-
lar session.
The meeting was called to order at 9:30 O'Clock A.M. by
Mayor Maurice A. Ferre with the following members of the
Commission found to be present:
ALSO PRESENT:
ABSENT:
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
Howard V. Gary, City Manager
Jose R. Garcia -Pedrosa, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
Commissioner Joe Carollo
Vice -Mayor Demetrio Perez, Jr.
An invocation was delivered by Mayor Ferre who then led
those present in a pledge of allegiance to the flag.
1. AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO
EXCEED $35,000 TO THE BUDWEISER UNLIMITED REGATTA;
FURTHER AUTHORIZING AN ADDITIONAL $109000 TO BE GIVEN AS
A GRANT IN CONSIDERATION OF ESPN TELEVISION COVERAGE.
Mr. Plummer: Mr. Mayor, as this Commission directed me at
the last meeting, to go and to speak and to try and save for
this community the unlimited regatta, I did participate in
such a meeting with Mr. Odio, other members of the Admini-
stration, the Anheuser Busch people and I think, Mr. Mayor,
that we have a go item. There are two items that need
Commission approval at this time. Excuse me. Mr. Odio, do
we have this resolution to pass out? May I have copies of
this, please, for the other Commissioner? Mr. Dawkins, I
will be asking this Commission (1) that we do exactly as we
have for the past 14 years with this to underwrite up to
$35,000. That is (1). (2) Because of the problems incurred
this year, the great value to this City is the coverage of
this event on ESPN, 258 channels throughout the United
Stater and that will be at a cost of $10,000 which would be
an outright grant. That is the only difference. Excuse me.
If this event makes money, which is has, by the way, in most
of the years that it has been put on, that moneys of the
City's portion would go to reduce that grant. But the
underwriting is $35,000, the same that it has been every
year but the grant is for the ESPN coverage.
Mayor Ferre: What does ESPN stand for?
Mr. Dawkins: Pay television.
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Mr. Plummer: It is the closed circuit cable TV. As a
matter of fact, they are doing the Gran Prix, Mr. Mayor,
this year also. So, Mr. Mayor, I would move - Mr. Gary, you
watch my wording - that the City agree this year once again
as it has in the past, to underwrite the $35,000 and a grant
of $10,000 be given to the unlimited regatta which this year
because of Budweiser's participation, they are coming up
with the entire amount of prize money of $100,000. They
have pledged that, Mr. Mayor. And I would move that that be
accepted by this Commission.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 84-85
A MOTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO ALLOCATE AN AMOUNT NOT
TO EXCEED $35,000 TO UNDERWRITE THE
"BUDWEISER UNLIMITED REGATTA", FURTHER
AUTHORIZING THE CITY MANAGER TO ALLOCATE
AN ADDITIONAL AMOUNT OF $10,000 TO BE
GIVEN AS A GRANT TO THE AFORESAID REGAT-
TA IN CONSIDERATION OF ESPN TELEVISION
COVERAGE WHICH WILL ENABLE THIS EVENT TO
BE SEEN IN CLOSE CIRCUIT TELEVISION.
Upon being seconded by Commissioner Dawkins, the
motion was passed and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Demetrio J. Perez
Mr. Plummer: Mr. Mayor, we have to do a resolution accept-
ing the $100,000 from Budweiser.
Mr. Dawkins: I like the Mayor's pocket items better, they
don't cost us money.
Mr. Plummer: Mr. Gary, you wanted a motion having the
Commission designate me as the liaison and the City admini-
stration, what was the wording you wanted?
Mr. Gary: That it is further agreed that this will be a
City sponsored event under the City administration and that
the City Commission designate Commissioner Plummer as its
liaison to the administration to assist in this project.
Mayor Ferre: This is to the Budweiser • Gran Prix?
Mr. Plummer: No, I'm already your liaison to the Gran Prix.
This is for the Unlimited Regatta.
The following motion was introduced by Commissioner
Dawkins, who moved its adoption:
MOTION NO. 84-86
A MOTION OF THE CITY COMMISSION STIPU-
LATING THAT IN CONNECTION WITH THE
BUDWEISER UNLIMITED REGATTA SAID EVENT
WILL BE OFFICIALLY DECLARED AS A CITY -
SPONSORED EVENT UNDER THE ADMINISTRA-
TION; FURTHER APPOINTING COMMISSIONER J.
L. PLUMMER AS THE COMMISSION'S LIAISON.
RT 2 1/26/84
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G
Upon being seconded by Commissioner Plummer, the
motion was passed and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Demetrio J. Perez
Mr. Plummer: The final thing is the acceptance of $100,000
from Budweiser for the purse money and, of course, it also
then names Budweiser as the Budweiser Unlimited Regatta. I
so move, Mr. Mayor.
1.1 DECLARING CITY AS OFFICIAL SPONSOR OF THE "BUDWEISER
UNLIMITED REGATTA" -FURTHER ACCEPTING $1009000 FROM
ANHEUSER-BUSCH AS PURSE MONEY IN CONNECTION WITH SAID
REGATTA.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 84-87
A MOTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO ACCEPT A GRANT OF
$100,000 FROM THE ANHEUSER-BUSCH CORPO-
RATION AS PURSE MONEY AND OFFICIALLY
NAMING THE FORTHCOMING REGATTA TO BE
HELD AT THE MIAMI MARINE STADIUM THE
"BUDWEISER UNLIMITED REGATTA".
Upon being seconded by Commissioner Dawkins, the
motion was passed and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Demetrio J. Perez
2. AUTHORIZE MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED
$109700 TO SPONSOR A SERIES OF LOCAL PRODUCTION SEQUENC-
ES TO BE AIRED ON NATIONAL SYNDICATED TELEVISION IN A
JOINT VENTURE WITH METROPOLITAN DADE COUNTY.
Mr. Plummer: Mr. Mayor, I don't know that it is my pocket
item, but there are people here from the County who have a
proposal that I think has some merit and I think it is
worthy of consideration. It is a proposal to use the Gusman
Hall, they pulled a coup really of a nationwide TV show.
They, of course, are looking for the Gusman Hall, a grant,
to eliminate their further financial problems and I would
ask that the people from the County come forth and make
their presentation. Before they start, let me say to you,
RT 3 1/26/84
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Mr. Mayor, that it is the first time that I can remember
that the County has already put up their share, before you
ask them, there were no further funds in the TDA but they
have. Stacy Hornstein of the County Manager's Office,
Mr. Stacy Hornstein: My name is Stacy Hornstein, I'm an
Assistant to the County Manager, Dade County, Florida. I
come today to request from you a grant of up to $10,700.
Mr. Plummer: Excuse me, Stacy, have you provided the other
Commissioners with what you have given me? I think it is
important. It is the Crystal Gayle Show.
Mr. Hornstein: We have been able to divert from Nashville a
one hour TV special with Crystal Gayle as the star in Miami.
It is a series of TV filmed sequences that are filmed
throughout our community that will be aired on national TV
under the sponsorship of the 7-UP Corporation who is putting
up $500,000 to be aired probably in late March or early
April. The producers have guaranteed the penetration of at
least 80% of the homes in this country which translates to
about 22 to 24 million homes. The City of Miami Beach has
put up cash of $55,000. Carnival Cruise Lines put up cash
for $25,000, 7-UP has put up the cash of $500,000 and the
County has put up cash of $25,000 out of our General Fund.
We would like to use Gusman Hall as a pseudo -concert loca-
tion. In other words, a place where a concert would take
place and would be a part of the film sequences of the TV
show. And if Gusman is not totally available within the
times that the talent and stars are here, -we would like to
use the Knight Center if it is available, also, again ac-
cording to the schedules. In either case, we are looking
for funds from the City just to pay the rental and the
security and the insurance and the stage hands.
Mayor Ferre: When is this even going to take place?
Mr. Hornstein: The filming will begin on January 29th and
finish on February 4th, different sequences throughout the
community at that time.
Mayor Ferre: Mr. Manager, can we have your feelings on
this?
Mr. Gary: Unlike the Miss U.S.A. Pageant, I can support
this one.
Mr. Plummer: Excuse me, under discussion. Stacy, a sensi-
tive issue is that whatever advertising you do, that we, the
City get credit for being a participant and we the City want
to be involved.
Mr. Hornstein: Absolutely, you have the County's commit-
ment, I have Mr. Jack Luzel and Mr. Al Wolf from Miami Beach
also who...
Mr. Plummer: It just makes life a lot easier the next time
you come here.
Mr. Hornstein: Absolutely, you've got our word.
Mayor Ferre: And Stacy, that has been a problem in the past
so it isn't something that we're just pulling out from thin
air. It has a problem and people get very upset around here
so be generous about it.
Mr. Hornstein: I hear, Mr. Mayor.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
i
RT 4 1/26/84
RESOLUTION NO. 84-88
A RESOLUTION ALLOCATING AN AMOUNT NOT TO
EXCEED $10,700 FROM SPECIAL PROGRAMS AND
ACCOUNTS, QUALITY OF LIFE ACCOUNT IN
SUPPORT OF THE JOINT VENTURE BETWEEN
DADE COUNTY, FLORIDA, AND THE VISITORS
AND CONVENTION AUTHORITY OF THE CITY OF
MIAMI BEACH TO SPONSOR A SERIES OF LOCAL
PRODUCTION SEQUENCES TO BE AIRED ON
NATIONAL SYNDICATED TELEVISION; SAID
ALLOCATION CONDITIONED UPON COMPLIANCE
WITH CITY OF MIAMI ADMINISTRATIVE PROCE-
DURE MANUAL 1-849 DATED JANUARY 241
1984.
(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 J. L. Plummer, Jr
Commissioner Miller J. Dawkins
Vice -Mayor Demetrio J. Perez
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Mr. Hornstein: Thank you very much.
3. RATIFY/APPROVE ACTION OF CITY MANAGER IN AUTHORIZING
EMERGENCY PURCHASE OF PRESTRESSED CONCRETE JOISTS A
REINFORCING STEEL FOR COMPLETION OF CONCERT STAGE AT
MIAMI BASEBALL STADIUM (31,200).
Mr. Gary: Mr. Mayor, if you recall, the City
authorized us to build a stage at Miami Stadium
generate more revenues and attract more people
fact that they don't have to construct a stage
cost every time they want to have a concert. W
we now find that we need some additional steel
e
Commission
which would
by the mere
and pay the
proceeded,
joists for
the stage because it is going to be a permanent stage and
the amount is approximately $32,000 which is to come out of
the Capital Fund. We would like to have the City Commission
authorize that extension of the amount for that stage.
Mayor Ferre: How much is that going to cost, Howard?
Mr. Gary: $32,000.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-89
A RESOLUTION RATIFYING, CONFIRMING, AND
APPROVING THE ACTIONS OF THE CITY MANAG-
ER BY A FOUR -FIFTHS VOTE OF THE CITY
COMMISSION IN AUTHORIZING THE EMERGENCY
PURCHASE OF PRESTRESSED CONCRETE JOISTS
AND THE REINFORCING STEEL REQUIRED FOR
HT 5 1/26/84
THE COMPLETION OF THE CONCERT STAGE AT
THE MIAMI BASEBALL STADIUM IN AN AMOUNT
NOT TO EXCEED $31,200.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Perez, the resolu-
tion was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez
Mayor Maurice A: Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Mr. Plummer: Mr. Mayor, the only thing I would like to ask,
Mr. Manager, what happened with that request before the
Commission for the equestrian group for the use of the
Orange Bowl?
Mr. Gary: We have done an analysis and we find that it will
not harm the Orange Bowl and we are now proceeding to devel-
op a contract to have that equestrian event.
Mr. Plummer: Thank you.
4. REFER TO CITY MANAGER REQUEST FROM REPRESENTATIVES OF
THE COCONUT GROVE FAMILY CLINIC FOR EXTENSION OF THEIR
PRESENT LEASE WITH OPTIONS CONCERNING CONSTRUCTION OF
ADDITION TO THE CLINIC LOCATED ON CITY PROPERTY
Mayor Ferre: I have the following items, the first one that
I have is the Coconut Grove Family Clinic. Is Mr. Caleb
Davis here? All right, Mr. Davis, there is a letter dated
December 2nd to the Manager with copies to the Commission
signed by Bruce Hurd, President of the Board of Directors.
In it, you say that for 12 years the City has provided the
Clinic use of the buildings in the park. The Clinic pro-
vides a much needed service. You say that you are in a
unique position to receive Decade of Progress Bond moneys
through Metro to make the renovations at no cost to the
City. However, these renovations and expansions would not
encroach on the present park land due to the design of the
current building and the funds would provide the Clinic with
a much improved waiting room facility which the patients -
as well as 4 additional examining rooms - thus giving both
our patients and medical staff dramatically improved condi-
tions. In order for the County to allocate these funds,
they need a long term lease with the City for the use of
this facility. You're suggesting a ten year period and what
you need is a letter of intent from the City Manager so that
this could be accomplished. Mr. Manager, what is your
feeling on this?
Mr. Gary: Mr. Mayor, we support it and I had originally
scheduled this for February 9th because I have no authority
to grant an extension of lease, only the City Commission.
Mayor Ferre: Well, what is your recommendation?
RT 6 1/26/84
a
0
Mr. Gary: I recommend that we do it subject to the condi-
tion that it would be five years with a five year option, at
the City Commission's option and secondly that we approve
the plans.
Mr. Dawkins: So move.
Mayor Ferre: I want to see if the Commission is going to
turn you down.
Mr. Plummer: Mr. Mayor, there is no one that is going to
turn him down and I think someday along the way I've got to
tell you that I'm going to make a motion that that health
center be named after the man who did most on this Commis-
sion - not you, sir down - God rest his soul, Theodore
Gibson. Because I'll tell you there are times when this
Clinic came before this Commission that I saw that man just
livid. If it hadn't have been for his real staunch backing
I doubt seriously that that clinic would be there today and
I realize that it is in the Virrick Park, but I see nothing
wrong with that known as the Gibson Coconut Grove, or what-
ever would be appropriate. As a matter of fact, Mr. Mayor,
I will move that that matter be....
Mayor Ferre: Wait a minute, we've got a motion on the floor
and then we'll get to your motion. Now, the first motion is
that this matter be turned over to the Manager and he will
deal with it. Is that right, Miller?
Mr. Dawkins: Yes, Mr. Mayor.
The following motion was introduced by Commissioner
Dawkins, who moved its adoption:
MOTION NO. 84-90
A MOTION REFERRING TO THE CITY MANAGER A
REQUEST BY REPRESENTATIVES OF THE COCO-
NUT GROVE FAMILY CLINIC FOR AN EXTENSION
OF THEIR PRESENT LEASE WITH A RENEWAL
OPTION FOR RENOVATION PLANS OF THE
COCONUT GROVE FAMILY CLINIC LOCATED ON
CITY PROPERTY; FURTHER INSTRUCTING THE
CITY MANAGER TO REVIEW THE PLANS FOR
RENOVATIONS AND TO SUBMIT SAME TO THE
CITY COMMISSION FOR FINAL APPROVAL.
Upon being seconded by Commissioner Plummer, the
motion was passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
5. REFER TO MEMORIAL COMMITTEE A PROPOSAL TO RENAME THE
COCONUT GROVE FAMILY CLINIC IN HONOR OF CANON THEODORE
R. GIBSON.
W------------------------ - ------ ---.--.-----------.-------=---
Mr. Plummer: Mr. Mayor, I make a motion at this time that
it be sent to the Memorial Committee, consideration for the
RT 7 1/26/84
L
0
naming of the Coconut Grove Family Clinic the Canon Theodore
Gibson, and I would leave it up to them to give it the
proper terminology, but in his honor.
Mr. Bruce Hurd: If I might add a point to the record. I'm
Bruce Hurd, President of the Clinic. We are an independent
non-profit board, but we will take serious consideration of
Mr. Plummer's motion, and we appreciate his intent and I
think we'll get back to you very shortly on our answer. We
understand that.
Mr. Dawkins: And if you don't come back with the right
answer don't come back for no more money. Thank you.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 84-91
A MOTION REFERRING A PROPOSAL TO THE
MIAMI MEMORIAL COMMITTEE FOR CONSIDERA-
TION OF THE RENAMING OF THE COCONUT
GROVE FAMILY CLINIC TO BE NAMED IN HONOR
AND IN THE MEMORY OF CANON THEODORE R.
GIBSON.
Upon being seconded by Commissioner Dawkins, the
motion was passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mr. Carollo: I used to be the diplomat on the Commission,
now I bow to my colleague.
6. REAFFIRM PRIOR COMMITMENT AND AUTHORIZE CITY MANAGER TO
ALLOCATE $25000 FOR THE "FOURTH INTER-AMERICAN SUGAR
CANE SEMINAR".
Mayor Ferre: The other thing that I have is this matter
pending, Mr. Manager, with the Sugar Cane Conference that
was held last year, and as I understand it is coming up
February 9th on the regular, and I don't know who is han-
dling that in the administration but Mr. Suarez the other
day said we have to wait till February 9th so I think it has
everybody's approval, we voted on it previously, as I re-
call, so do you need any action just to confirm it? Remem-
ber, he had asked for $50, 000, we turned that down and made
a motion of $25,000 and I think it should be moved.
Mr. Carollo: Well, let me tell you what I feel. This is
why I asked the Manager at the last meeting to come to us
before the end of February with a list of all the organiza-
tions, all the individuals that we're giving moneys to.
What I'm seeing is that we're becoming a welfare state, that
we are substituting all kinds of people for areas that
should be handled by private enterprise. Now Diego Suarez
is a good friend of mine, a good friend of the Mayor and
most of us here, I think he has done a fabulous job with
i�
RT 8 1/26/84
0
that conference but I think that we have to begin to draw
the line. And just like I took the stand that I did last
week with CAMACOL, the Cuban Municipalities, all supporters
of mine, I'm going to be consistent and you know, I'm just
very concerned at the way that we're going, that we're just
dishing ouc money here for stuff that government should not
be involved in and at the very least we should have funded
it once, but then they should have gone from then on and
funded it themselves.
Mayor Ferre: That's fine, but my problem is that we made a
commitment, the conference was held in October and it is a
question now of just completing what we had committed to do.
Now there is another conference coming and he is asking for
money again and at that point I think that is something that
we need to deal with but I think we also need to deal, we,
just for example, this morning, agreed to $32,000 for a
stage, but that helps the community. We just voted for
$10,700 for Metropolitan Dade County for them to have some
kind of a show that we get some benefits out of. That helps
the community. We're voting for money for a Gran Prix, that
helps the community. In other words, we participate in
things that bring focus to Miami and make Miami a central
point for - and I wouldn't call that welfare, I think that
is just intelligent self-help. We're helping ourselves to
become a financial capital, an entertainment capital, a
sports capital. Budweiser is going to benefit as much if
not more than the City of Miami with these races they put on
but we benefit a lot too. So, you know, it is a judgment
factor. Joe, I get your point and I think you have a valid
point, my only question is this: We already made this
commitment to the Sugar Fair or whatever it was called, it
was held in October, as I understand, it is just a matter of
formalizing this and I think we ought to finish that commit-
ment and with the next one let's bring it up for discussion.
Mr. Carollo: I'm not going, Maurice, against the commitment
that we have made, if we made a commitment we have to abide
by it and I'll be the first to join you on that. What I am
saying is that we have to draw the line and I think possibly
the best way of doing it, I was one that did listen to the
President's State of the Union Address carefully last night,
is that maybe we should put an item up binding that ordi-
nance in the March Presidential Primary or if we can't do it
then at the next election that we have in the City of Miami
to let the people decide if they want to start throwing
their moneys all over the place, or, if they want to be
fiscally conservative and try to save moneys to out back on
their• taxes. You know, I get terribly upset when I'm seeing
hundreds of thousands of my tax dollars being thrown here in
areas that we should not spend them in and then I can't even
get a dog catcher to go to my neighborhood to get roaming
dogs out of there or I have to wait three weeks to get some
of my garbage taken out from my block - and I could go on
and on and on -or my neighbors call the Police Department
and they can't get a police officer there, they have to give
a report over the phone because we're short in manpower, and
these are the things I'm talking about. All these individu-
als that :cant to do se much for Miami that are going to
promote Miami all over the world, I think it is great but I
think they should do it on their own with their own moneys,
not come to the City government for us to fund it.
Mr. Plummer: Mr. Mayor, let me, if I may, and I don't find
any truck with what Joe is talking about. But in particu-
lar, this one that we're speaking about, and I guess really
we have to get involved to understand what is going on. I,
like Joe, made fun of the Sugar Mill Grant in the beginning.
Mr. Carollo: I never made fun of it, J. L.
RT 9 1/26/84
0 0
Mr. Plummer: Well, I did. I did. You know, here repre-
sents a lot of dollars. But I went this year to two of the
events, the opening and one of the things, I represented the
Mayor. I think it is well to understand that to me this is
tremendous for economic development and I think that is
where the money should come from. There were over 300
people representing 36 countries that were attending the
seminar at Dade Junior South this year and what it basically
was making the focus on was that South Florida was, in fact,
the capital of the sugar cane industry and they put on
seminars and everything that was in there was about Miami,
South Florida. And I think it is very important that this
be taken in the context of 300 people representing 36 coun-
tries that in my estimation, in fact, is economic develop-
ment for this community.
Mr. Carollo: A point of interest, J. L., the Sugar Cane
Capital of the United States is Palm Beach County - Pahokee,
Belle Glade, that area.
Mr. Plummer: Correct.
Mr. Carollo: And that is the main area that is being fo-
cused in all these conventions. Where Miami comes in is
that some of the people that put up this conference are some
of the main sellers of farm equipment for the sugar cane
industry.
Mr. Plummer: Exactly, that's economic development.
Mr. Carollo: So, I just wanted to put things in perspective
and I don't think I need to go on any further than that.
Mayor Ferre: I think that is a valid point but let me give
you a similarity. Houston is the capital of the oil world.
All the oil wells in Texas are not in Houston. The oil
wells of Texas are mostly in the southwest part of Texas.
Now, as you go further north there are no oil wells. There
are no oil wells around Dallas and Houston has some but a
very small percentage of the total oil wells of Texas and
Oklahoma and so on and yet the oil capital of the United
States is Houston, Texas. I would hope that with these type
of events, and with the work that the University of Miami
and especially FIU are doing with the Canal Pint Station in
research and sugar cane technology, that we could develop,
over the years, Miami as the main American capital for sugar
cane financing, technology, know-how and that people from
all over the world, from India, from Africa, from the Carib-
bean, from Jamaica, from South America, would come to Miami
for sugar cane technology. And this is just a small effort
on our part in trying to help these people achieve that
goal. Now, my only point is this: We can argue about this
later on, I do think we have a moral obligation and I do
think that we have to formalize it somehow.
Mr. Carollo: I make the motion, Mr. Mayor, to keep the
commitment that we made for the amount that was made...
Mayor Ferre: At the same funding as the previous year.
Mr. Carollo: Correct. Which wE,s what amount exactly?
Mayor Ferre: $25,000.
Mr. Carollo: $25,000.
The following motion was introduced
Carollo, who moved its adoption:
by Commissioner
RT
10
1/26/84
0 6
MOTION NO. 84-92
A MOTION REAFFIRMING A PRIOR COMMITMENT
MADE BY THE CITY COMMISSION AND AUTHOR-
IZING THE CITY MANAGER TO ALLOCATE AN
AMOUNT NOT TO EXCEED $25,000 FOR AN
EVENT HELD IN OCTOBER OF 1983 KNOWN AS
THE "THIRD INTER-AMERICAN SUGAR CANE
SEMINAR" SUBJECT TO PROMOTERS PROVIDING
THE CITY MANAGER WITH ATTENDANCE FIG-
URES, COPY OF A CERTIFIED AUDIT OF THEIR
BOOKS AND FURTHER STIPULATING THAT THE
CITY OF MIAMI RETAINS THE RIGHT TO AUDIT
THE BOOKS OF THIS EVENT IF IT WERE
DEEMED TO BE NECESSARY.
Upon being seconded by Commissioner Plummer, the
motion was passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mr. Carollo: While I'm voting yes, I'd like to state that
I'm voting yes because of the commitment that was previously
made and at the same time, I would like to state for the
record that the individuals that have organized this Sugar
Cane Conference, while being very honorable individuals, and
I think are doing a very good job for a very good cause, I
think it has been quite a few years that the City has been
funding $25,000 or more yearly for this conference and I
think the problem is that while they can very much afford
that amount out of their own pockets and they should pay it
out of their own pockets, they know that as long as they
keep coming back to this City Commission we're not going to
say no so why put it out of their own pockets if we're going
to give it to them.
Mr. Gary: Mr. Mayor, nay I ask that as a part of the motion
for the Sugar Cane, that they give us a certified audit and
that they also in that audit demonstrate the attendance,
when it was happening?
Mayor Ferre: Fine, make that part of the motion.
Mr. Carollo: I have no problem making that part of the
motion.
Mr. Plummer: And it is my understanding, Mr. Gary, that
this year they will be taking that seminar to the Knight
Center.
Mr. Carollo: In fact, I think that that should be included
any time that we appropriate moneys.
Mayor Ferre: Okay.
Mr. Gary: And furthermore, Mr. Mayor, that they allow us to
open their books so we can do our own audit to verify it.
---- -------------------------------------------------
7. REAFFIRM POLICY REQUIRING AUDIT WHEN CITY MONEYS ARE
EXPENDED FOR CONFERENCES, 3EMINARS, ETC.
HT 11 1/26/84
Mr. Plummer: Well, no, I think Joe is making a point and if
he wants to make the motion I'll second it, that any time
this City gives a grant of money to any organization that
this....
Mayor Ferre: Be careful, J. L., because you may end up, you
know, with things that are going on at the Miami Beach
Convention Center, you know....
Mr. Plummer: Other than other governmental agencies, that
an audit be required and made mandatory. I think that is
well in order.
Mr. Gary: Mr. Mayor, I presented this to this Commission
with a new policy for monitoring and you approved it and I
think by reapproving you would do that. And the reason I'm
saying that, Commissioner Plummer, is that it is not cost
effective to audit everything because if you got $800 for a
fee waiver I'm going to spend $2,000 or $3,000 of auditing
time to do it so we have a policy that would do just what
you and Commissioner Carollo wants to do. I think you need
to pass a motion re-establishing that policy. It calls for
an audit, Commissioner Carollo.
Mayor Ferre: We have already established that?
Mr. Plummer: We're reaffirming.
Mayor Ferre: We're reaffirming it in this particular case.
Mr. Plummer: No, reaffirming the policy.
Mayor Ferre: I'm going to vote with it, but will you tell
me why if we've already passed it we need to pass it twice?
Mr. Gary: Just to convey....
Mr. Plummer: Because he didn't like my motion.
Mr. Carollo: A vote of confidence on the Manager.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 84-93
A MOTION REAFFIRMING THE POLICY OF THE
CITY COMMISSION THAT ANY TIME THIS CITY
GIVES A GRANT OF MONEY TO ANY ORGANIZA-
TION (OTHER THAN OTHER GOVERNMENTAL
AGENCIES) THAT AN AUDIT BE REQUIRED AND
MADE MANDATORY.
Upon being seconded by Commissioner Plummer, the
motion was passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
��..--------------------------------------------- -- ----
RT 12 1/26/84
8. DECLARE CITY COMMISSION'S POLICY IN CONNECTION WITH USE
OF A LOCAL CO -COUNSEL ON CITY BOND ISSUES, SAID SELEC-
TION TO BE ON A ROTATING BASIS, TO WORK IN CONJUNCTION
WITH OUR NEW YORK BOND COUNSEL.
Mayor Ferre: The next thing that I have - Dena, would you
come up, and Mr. City Attorney and Mr. Manager, through
Dena. We now have a housing, we're hopefully moving along
on this housing, the 18 million and the 65 million dollars
of bond issues and what have you. I really think that even
though we do use Brown, Wood and Ivey and I'm very proud of
that, and I was the author of bringing Brown, Wood and Ivey
back ten years ago when I became Mayor of the City of Miami,
I do think that it is time because all of these local law
firms have gone into what is called the red book and they
have all become registered members of the red book, and
we've been toying with this idea of putting standards and
specifications and what have you, I think we need to kind of
formalize that but since time is of the essence in this
particular bond issue because it is going along, and as I
understand, Mr. City Attorney, the law firm of Fine, Jacobs
and Stewart have done a lot of pro Bono. Now, I asked you
if you had any recommendation, and perhaps let me start off
by asking your recommendation as to how we go on this.
Mr. Garcia -Pedrosa: Well, Mr. Mayor, as you know, I have
been an advocate of not hiring outside counsel on all mat-
ters capable of being handled within the Department. Bonds,
of course, is not one of those matters and we are required
because of the underwriting and the expertise involved to go
outside and I have felt that if we have to do that we really
should leave the dollars in this community and I have no
quarrel with any outside of Miami or outside of Dade County
firm but I think at a minimum that should be done so my
first recommendation to your Manager and to you and the
Commission has been and is that to the fullest extent possi-
ble, in those cases in which we must have private lawyers,
that the dollars be left in this area and that local firms
be hired. The second aspect of my recommendation has been
that if we're going to do that we really should recognize
those people who are helpful to the City on a pro bono
basis. I think we need to be fair. If lawyers lend of
their time and of their talents to this City I think they
ought to be the ones that, given everything else, that is to
say all qualifications having been met and so forth are
recognized. There are a number of firms, as you know, Mr.
Mayor, who have been helpful to the City, when this Commis-
sion appointed me, you told me that if I was here ten years
I would never be involved in as important a matter as the
Charter Amendment which made possible unified development
projects including Bayside and the people who were most
helpful in turning around both the Chamber of Commerce and
other groups who had originally expressed opposition to the
Charter Amendment was the firm of Fine Jacobson and particu-
larly Stuart Simon himself, former County Attorney, person-
ally sat down and went through drafts with me and really did
a lot of work for absolutely no money as a pro bono publico
matter. So yes, I think that would be an excellent way to
say thanks for something that is very important to this
City. But by all means, I think we ought to keep the money
in this community regardless of who you decide to hire.
Mayor Ferre: Mr. Manager, your comment?
Mr. Gary: Mr. Mayor, I concur with most of what my col-
league has said. I think we should leave the money here as
much as possible, recognizing your immediate comments or
RT 13 1/26/84
44
your earlier comments that we should not lose what we have
accomplished through your efforts ten years ago in terms of
improving our financial and our bonding ratings in New York
and I think the co -counsel process would assist us in accom-
plishing both tasks in terms of keeping that good rating and
also leaving money in this community and also allowing local
firms to gain experience in the bond market which has been
monopolized by New York firms. I would like to suggest,
though, the same thing that you're suggesting, that we keep
Brown Wood and Ivey, they be co -counsel with Brown Wood and
Ivey being the senior co -counsel so it is recognized in New
York.
Mayor Ferre: In the prospectus.
Mr. Gary: Exactly.
Mayor Ferre: Mr. Manager, if I may, just for the question
of the record, I would like to through you ask Dena to also
express her opinion on the record.
Ms. Dena Spillman: I agree with the City Manager, we have
gone so far with Brown Wood I think we should have co -coun-
sel and proceed because if we stop now we're going to....
Mayor Ferre: Nobody, I don't think, I mean I'm going to
open it up for discussion in a moment, but I'm not recom-
mending that Brown Wood be dismissed. I'm only recommending
that we use a local co -counsel and based on the pro bono
work done by Fine Jacobson and Stewart -that they be ap-
pointed, and I think that was the recommendation as made by
the City Attorney, and I'm just asking for comments on that.
Mr. Gary: Mr. Mayor, I think it is also important that you,
the City Attorney and myself are not suggesting that this be
done at an additional cost to the City, that it would be the
same cost normally, the only thing is instead of all of the
money going to New York it would be shared with New York and
local attorneys.
Mayor Ferre: That's right. Okay, any discussion, comments,
motions?
Mr. Dawkins: Mr. Gary, what did we spend last year for this
service?
Mr. Gary: We spent money, Commissioner, but it comes out of
the bond issue and...
Mr. Dawkins: Mr. Gary, how much money was paid the firm
that we were just talking about last year?
Mr. Gary: I don't know, sir.
Mr. Dawkins: Off the top of your head, approximately?
Okay, all I'm saying is if it was 4 "X" dollars I'm saying
I agree with the Mayor and all of you that 112X" of that
dollars should remain in this community. That's all.
Mr. Plummer: I agree, charity starts at home.
Mayor Ferre: I might point out, and I'm saying this on the
record, there are two firms that I know of that have black
partners. All right? The other firm that has a black
partner is Paul Landy Bailey. Now, Paul Landy Bailey hap-
pens to be the bond counsel fer the issuer on the other
side, that is Shearson American Express. I'm going to make
a motion after, if this one passes, that no one firm get all
of the business and that the local business, I have careful-
ly looked at what the County did and I think that is a
RT 14 1/26/84
rt 1i
monstrosity and I don't think we should do what the County
did, and they recognize it to be a monstrosity. But I do
think that we need to, if a firm receives and becomes co -
counsel for one issue it should not be co -counsel for the
next issue and we should move that.around. Now, the second
thin; is this - and I hope people don't misunderstand, and
Mr. City Attorney, please keep me from being unconstitution-
al. The only way that I'm going to vote for people to get
City of Miami bond business as co -counsel is if they have a
representative law firm and that not only means Hispanic
partners but black partners too and I don't know whether
we're getting into Constitutional infringement, but I would
hope that, Mr. Manager, and this is the second thing that
I'm gong to come back with, that we do this in a formal way
and ask you to come back with recommendations. I do not
like the lottery system of choosing bond counsel. I think
this Commission has enough common sense to be able to choose
intelligently with the concurrence of both the City Attorney
and the City Manager as to who co -counsel will be on these
bond issues. But I do think that there should be minimum
conditions that have to be applied such as minimum experi-
ence of a member of the firm and bond work such as minority
participation, not in the fact that they have hired a black
attorney but that they have black attorneys as partners,
that type of a thing. All right, is there a motion on this
cther item?
Mr. Dawkins: Before we get to the motion, I would like this
so I will not have to say it when you make your second
motion: Mr. Mayor, that is one of my primary beefs. We
have an architect in the City of Miami who gets all of the
work and we have four other black licenses AIA architects
who never get any of the work and along with what the Mayor
is saying, I m of the opinion, Mr. Manager, that these other
four architects have to live by their licenses, pay their
taxes, all to the City of Miami and unless we up here see
that these contracts go around nobody else is going to see
that they go around. So along the lines of what the Mayor
is saying about the bond I'd like to see that also applied
to everything else.
Mayor Ferre: I'll recognize you for that motion. Is there
a motion on co -counsel?
Mr. Dawkins: Move.
Mayor Ferre: All right, is there a second?
Mr. Plummer: Second.
Mayor Ferre: Further discussion?
Mr. Plummer: Well wait a minute, I want a little discus-
sion, Mr. Mayor. Mr. Mayor, I don't know - first of all,
let me agree with the concept that I have for 14 years and
that is that charity starts at home. Mr. Mayor, I don't
know of a single individual who has had more of his heart in
the housing for this community than Marty Fine. That man
has...
Mayor Ferre: Ask Carrie Meek about that.
Mr. Plummer: That man has gone, we honored him at a lunch
because of his work - absolutely free. And I think it is
only appropriate that that matter be dealt with in this
manner. And then afterwards, Mr. Mayor, I want to make
another motion.
Mayor Ferre: Okay. Further discussion? Call the roll.
RT 15 1/26/84
The following motion was introduced by Commissioner
Dawkins, who moved its adoption:
MOTION NO. 84-94
A MOTION DECLARING THE POLICY OF THE
CITY COMMISSION THAT IN CONNECTION WITH
CITY OF MIAMI BOND ISSUES THAT A PROCE-
DURE BE ESTABLISHED WHEREBY LOCAL LAW
FIRMS ARE USED, ON A ROTATING BASIS, AS
CO -COUNSEL TOGETHER WITH THE CITY'S
PRESENT BOND COUNSEL, IN NEW YORK;
FURTHER STIPULATING THAT NO ONE FIRM
SHALL GET ALL OF THE BUSINESS OR BE
SELECTED ALL OF THE TIME; AND, FINALLY,
SUBJECT TO SAID CHOSEN FIRM BEING REPRE-
SENTATIVE OF THE ETHNIC MAKEUP OF THE
COMMUNITY AND HAVE, AMONG ITS PARTNERS,
AT LEAST ONE PARTNER WHO IS REPRESENTA-
TIVE OF THE MINORITY GROUPS, INCLUDING
WOMEN, FURTHER STIPULATING THAT THE
CHOSEN FIRM OUGHT TO COMPLY WITH MINIMUM
STANDARDS TO BE SET BY THE CITY COMMIS-
SION.
Upon being seconded by Commissioner Plummer, the
motion was passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
9. DIRECT CITY ATTORNEY TO DEVELOP A LIST OF LOCAL LAW
FIRMS QUALIFIED TO BE USED AS LOCAL CO -COUNSEL ON FUTURE
CITY BOND ISSUES.
Mr. Plummer: Mr. Mayor, I would make a motion now that the
City Attorney develop for this Commission so that it can be
on a rotating basis, a list of those local firms who are
qualified to act as local co -counsel so that in the future
this Commission can have the knowledge of who these firms
are, who is available and we can have that list available
and really what I'm saying is that that list be established.
Mayor Ferre: J. L., may I recommend that you also add to
that motion that he come back with minimum specifications.
Mr. Plummer: That's why I said he establish it.
Mayor Ferre: And I'd like to add these as at least things
that must be considered: (1) That that law firm have an
attorney that has had at least a minimum of 5 years of
experience in bond work. (2) That that law firm be regis-
tered in red book - and most of these law firms are regis-
tered in the red book. (3) That in the make up of the
partners, that it be a representative law firm, and that is
that it have at least one partner of the major ethnic groups
including gender, in other words including women, but that
it have at least a black, and a Hispanic member and hopeful-
ly also....
RT 16 1/26/84
k
6.
Mr. Plummer: Mr. Mayor, I have no problem with that at all.
I would assume,- under normal procedures that once the City
Attorney has gathered such a document together that he would
bring it back to this Commission for approval.
Mayor Ferre: Okay, and the last thing that I would like to
add, just for your consideration, Mr. City Attorney, is that
there be a clause put in there about pro bono work. In
other words that in the assessment of who is to get legal
work from the City of Miami, that there be a pro bono con-
sideration so that those firms that have really worked...
For example, I just came back from Boston, Miller, with Otis
Pitts on this Tacoley and this list, there is a gentleman by
the name of Petrie who has put in literally hundreds and
hundreds of hours of pro bono time, has flown to Washington,
went to Boston, been to New York, all out of his own pocket.
But if and when, I want to tell you I've never met the man
in my life, but if and when there is something that this
City can do and help that man, and I don't know what law
firm he even works with, it is one of the major law firms in
town, but as far as I'm concerned we owe him and he ought to
be put on the list of avail&ble attorneys and when we go
outside for counsel, if we can help him on something I think
we ought to, so I think there ought to be a pro bono clause
in there. The last thing that I would like to put in there
is that the Manager have equal input into this process with
the City Attorney. In other words although I realize, Mr.
City Attorney, that this is a legal matter but once it gets
to Wall Street and going out there and talking to Standard
and Poor and Moody's and working with the underwriter wheth-
er it be Shearson American Express or anybody else, the
administration has to be visibly and openly involved and,
therefore, I think the whole process should include input
from the City Administration's viewpoint. Is that accepta-
ble to the maker of the motion?
Mr. Dawkins: Yes.
Mr. Plummer: Well, Mr. Mayor, anything is acceptable of
anybody's input as long as I say that it comes back here for
final approval to this Commission.
Mayor Ferre: All right. Further discussion?
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 84-95
A MOTION DIRECTING THE CITY ATTORNEY TO
DEVELOP FOR THE CITY COMMISSION A LIST
OF THOSE LOCAL FIRMS WHICH, IN HIS
OPINION, ARE QUALIFIED TO ACT AS LOCAL
CO -COUNSEL ON CITY BOND ISSUES SO THAT
IN THE FUTURE THE CITY COMMISSION CAN
HAVE THE KNOWLEDGE AS TO WHO THEY ARE,
WHO IS AVAILABLE, ETC.; FURTHER DIRECT-
ING THE CITY ATTORNEY AS FOLLOWS:
1. TO COME BACK WITH A LIST OF MINIMUM
SPECIFICATIONS THAT THE ASPIRING
FIRM MUST CONFORM WITH, e.g., THAT
THE MINIMUM EXPERIENCE REQUIRED BE 5
YEARS OF SPECIFIC BOND EXPERIENCE;
2. TO MAKE IT MANDATORY THAT THE FIRM
BE REGISURED IN THE RED BOOK;
3. THAT IN THE FIAKEUP OF THE PARTNER-
SHIP THERE BE AT LEAST ONE PARTNER
REPRESENTATIVE OF ONE OF THE MAJOR
ETHNIC GROUPS, INCLUDING WOMEN;
RT 17 1/26/84
4
4. THAT AT THE TIME OF ASSESSING THE
FIRM THERE BE A PRO BONO CONSIDERA-
TION TO REWARD LAW FIRMS WHO HAVE
PREVIOUSLY SELFLESSLY WORKED FOR THE
GOOD OF THE COMMUNITY;
5. THAT THE CITY MANAGER HAVE EQUAL
INPUT WITH THE CITY ATTORNEY INTO
THIS MATTER;
6. ALL OF THE ABOVE BEING SUBJECT TO
FINAL APPROVAL BY THE CITY COMMIS-
SION.
>n being seconded by Commissioner Perez, the
ias passed and adopted by the following vote -
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
None.
None.
)CATE EXPENSES FOR ROUND-TRIP PLANE TICKET FOR THE
DR TO ATTEND THE INAUGURATION CEREMONIES OF THE
SIDENT OF VENEZUELA TO BE HELD IN CARACAS.
erre: All right, members of
item that I have is this. I have
the government of Venezuela for the
President on the 2nd of February.
pay for the expenses in Venezuela.
the Commission, the last
been formally invited by
inauguration of the new
Now, they are going to
Mr. Carollo: I move that we extend additional expenses to
the Mayor to stay until December of 184.
Mr. Plummer: With the further stipulation that it only be a
one-way ticket, non -cancellable.
Mayor Ferre: Just for the record, so that we understand,
the plane ticket is $353, I don't see that I would have any
other expenses. I would go one day and return the next day
so it would be a 24-hour trip. I think it is very signifi-
cant that they have extended this invitation to the Mayor of
New York, to the Mayor of Washington and to the Mayor of
Miami and I think that it is significant that they have so
recognized Miami. I know there are those, especially those
in our editorial boards around here that think that cities
should not be involved in foreign policy - New York is
involved in foreign policy, the Mayor of Washington is
continually involved in foreign policy and if Miami is to
take its place along with the major cities of this Coun-
try...
Mr. Dawkins: And the Mayor of Atlanta.
Mayor Ferre: And the Mayor of Atlanta.
Mr. Carollo: That's right.
The following motion was introduced by Commissioner ,
who moved its adoption:
MOTION N0, 84-96
RT
M
1/26/84
A MOTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO ALLOCATE EXPENSES FOR
THE ROUND-TRIP PLANE TICKET FROM MIAMI
TO CARACAS, VENEZUELA, FOR MAYOR MAURICE
FERRE, IN ORDER THAT HE MAY BE ABLE TO
ATTEND THE INAUGURATION CEREMONIES OF
THE PRESIDENT OF VENEZUELA PURSUANT TO
INVITATION RECEIVED.
Upon being seconded by Commissioner Plummer, the
motion was passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mr. Carollo: I vote yes, I think that that speaks highly of
what we have accomplished in Miami, that we are being recog-
nized as a major international city in Latin America and we
rightly should be.
11. DIRECT CITY MANAGER AND CITY ATTORNEY TO MEET AND DIS-
CUSS FORMULATION OF PROPOSED CHARTER CHANGES FOR THE
NOVEMBER ELECTION.
Mr. Carollo: Back to what I was discL:sing with the Manager
and the City Attorney, what I would like for both of you is
to get together next week and get feed back from the indi-
vidual members of the Commission and formulate a Charter
change that would be put to the voters of the City of Miami,
maybe September is not the right time because you are going
to be somewhat limited in the people coming out to vote. I
think maybe the time we should look at to put it on the
ballot should be the November election where you'll definitely get a
good turn out and a wide consensus. And the Charter change
would be in the area of the different non -government organi-
zations that we fund that would place a limit on the City
Commission in being able to fund these groups, individuals,
organizations on a one time basis only. In other words
we're not going to be having a lot of the groups that we see
here come year after year after year for $25,000, $100,000,
$50,000 or what have you coming back year after year and I
think that that is the only way that we're going to be able
to gain some fiscal responsibility if we put it up to a vote
to the citizens of Miami and let them decide if this is what
they want to do with their tax dollars or not. Do you
basically understand where I'm coming from, Mr. Manager?
Mr. Gary: Yes, sir.
Mr. Carollo: Mr. City Attorney?
Mr. Garcia -Pedrosa: Yes, sir.
Mr. Carollo: I just want to be able to get some feed back
from the other members and formulate it in a way where it
isn't going to hurt us, for instance, with the Caribbean
Conference and other things such as that.
RT 19 1 /26/8a4
t t
Mr. Plummer: I might suggest to the City Attorney, since
you will be formulating that, that that is the existing
policy and has been, of the City of Orlando for some time
and you might want to contact them to get some research
already been done.
Mr. Carollo: I would also suggest that you contact Mayor
Martinez of Hialeah, they have an even better policy that
they just don't give moneys at all. I'm trying to gain at
least two of my colleagues to join me so I'm not going to be
that brave and get nobody to join me.
Mr. Ernie Fannatto: Mr. Mayor, I'd like to say a little
something on this if it is all right.
Mr. Carollo: Sure, Ernie.
Mayor Ferre: Ernie, these are pocket items of Joe, if he
wants to recognize you.
Mr. Carollo: I'll give Ernie the opportunity.
Mr. Fannatto: I'd just like to say, Ernie Fannatto is my
name, President of the Taxpayers' League of Miami. Your
points are very well taken but I'm just going to go a little
bit further. Every group that gets money should show some
accountability and it should be in public record the amount
of money they spent, how they spent, which hasn't been in
the past. From now on the public should know everything and
how the money is spent.
Mr. Carollo: That is what we're trying to accomplish,
Ernie. Last, but not least, I'd like to bring up the second
reading for the ordinance, I think it was put down as Item
34 on the supplemental agenda.
12. SECOND READING ORDINANCE: AMEND ARTICLE I OF CHAPTER 54
OF THE CODE BY ADDING A NEW SECTION 54-12.1 PROHIBITING
THE CARRYING OF OR DRINKING OR EATING FROM ANY OPEN
GLASS CONTAINER DURING ANY OPEN AIR OUTDOOR CULTURAL,
ART, FOLK OR STREET FESTIVAL.
Mr. Carollo: That is having to do with the new Section 54-
12.1, prohibiting the carrying of or drinking or eating from
any open glass container during any open air...
Mayor Ferre: But I mean is there any reason why you're
taking it out of order?
Mr. Carollo: Yes, there is. The last time that we voted
upon it, we stated, if I recall, that we would take care of
it as one of the first items on the agenda.
Mayor Ferre: All right, does anybody have any objections to
that?
Mr. Plummer: No, Mr. Mayor, I would like to indicate for
the record that I have had further discussion with the City
Attorney to pursue this matter further and that is that as
the Manager so wisely came forth in the serving and dispens-
ing of beer at the Art Festival, that we do make it mandato-
ry on any of these festivals that a designated areas be used
for the dispensing of beer and that all beer must be dis-
pensed in cups. All I'm informing you is I'm voting for
this but I have asked the City Attorney to pursue further.
RT 20 1/26/84
C
f
Mr. Garcia -Pedrosa: J. L., it is here.
Mr. Plummer: Oh, you have it?
Mr. Garcia -Pedrosa: Yes, sir.
Mr. Plummer: Oh, I'm sorry. There is a further provision,
and I think where this comes about, so that we all under-
stand where we are, is the problems that were created last
year during the Calle Ocho Festival in which we found a
great number of people who were taking a garbage can, a 30-
gallon container, filling it full of ice and beer, bottles
of beer and were selling it, they were not specified ven-
dors, they were just pushing their carts and knocking people
out of the way, plus the problem of the safety in dispensing
this and I think that the same provision, I asked the City
Attorney to go along the same provision as what we have in
the Orange Bowl that it is mandatory that the dispensing of
beer has to be in cups. Of course, glass creates an addi-
tional problem of cutting, but it is just as bad to get hit
in the head with a can of beer as it would be a glass so
that is why I asked them to pursue this even further. Then,
of course, once we pass this is going to be the very very
difficult task of enforcing it but I think at least we have
to give the Police Department the tool in which to start
trying to enforce.
Mr. Dawkins: That includes the Gran Prix?
Mr. Plummer: That includes all festivals. Excuse me,
Miller, it is not a no beer provision, it is putting very
strict controls over if they do.
Mr. Mauricio Magarolas: I had one question, Mr. Mayor. My
name is Mauricio Magarolas, I'm from the Kiwanis Club of
Little Havana and I'm one of the co-chairmen for the up-
coming Calle Ocho Open House. My question, and it pertains
to the mechanics of the designation of the vendors, once we
canvass the area and we know which vendors, which restau-
rants and so on plan to dispense beverages on that date, are
we going to have to come back to the Commission for designa-
tion of those vendors?
Mr. Garcia -Pedrosa: No.
Mr. Magarolas: The reason I'm asking is we're....
Mr. Dawkins: No, but I think what you really have to do is
be sure that whoever the vendors are, they understand that
they are going to have to dispense draft beer and not out of
bottles.
Mr. Plummer: No, excuse me. Commissioner Dawkins, there is
no provision that it must be draft. If they do, as they do
in the Orange Bowl, they can take it and put it directly
from a can into a cup. It works fine in the Orange Bowl.
Mr. Carollo: The bottom line is that we...
Mr. Plummer: The safety factor.
Mr. Carollo: Well, the safety factor but not only that,
come to the conclusion of the guidelines that they have to
follow right now because they have their festival coming up,
the Gran Prix has their's and a couple of others are on the
way and they need to know what they have to do. They can't
be up in the air not knowing.
Mr. Magarolas: We understand that we have to canvass and
notice all of the merchants, but what I am understanding now
RT 21 1/26/84
.A
f
is that we also have to tell the City, Okay, Centro Vasco
wants to dispense, for an example, Centro Vasco wants to
dispense beverages and then we have to come back to the City
and say, "They want to be a designated vendor", and what I'm
asking is what is the procedure as far as us getting approv-
al of a particular vendor?
Mr. Plummer: It would be an administrative matter.
Mr. Carollo: Mr. Manager, can you let him know right now so
he'll know what guidelines to follow?
Mr. Gary: Yes, sir, when they come before us when they
apply to have these festivals, Commissioner Carollo, they
will give us the designated areas and the designated ven-
dors. We will make a determination for them that these are
adequate and they comply with all of the provisions of the
ordinance and give them authorization to do that. That is
an administrative detail that we would do.
Mr. Carollo: Counselor, is that sufficient for you?
Mr. Magarolas: That is sufficient, thank you.
Mr. Gary: Commissioner Carollo, if I may add, just as an
example, and this is not approval, but as an example, Centro
Vasco which is an established reputable firm comes in and
wants to distribute beer, the likelihood of us saying no is
like zero. We're trying to prevent....
Mr. Carollo: Sure, I know what you're trying to prevent.
AN ORDINANCE -
AN ORDINANCE A14ENDING ARTICLE I OF
CHAPTER 54 OF THE CODE OF THE CITY OF
MIAMI BY ADDING A NEW SECTION 54-12.1
PROHIBITING THE CARRYING OF OR THE
DRINKING OR EATING FROM ANY OPEN GLASS
OR OPEN METAL CONTAINER DURING ANY OPEN
AIR, OUTDOOR CULTURAL, ART, FOLK OR
STREET FESTIVAL IN AN AREA CONSISTING OF
THE TWO -BLOCK ENVIRONS DESCRIBED IN THE
PERMIT OR LICENSE APPLICATION FOR SUCH
AN EVENT; PREVENTING OWNERS OF BUSINESS
ESTABLISHMENTS OR VENDORS IN SAID AREAS
DURING THE SPECIFIED TIMES FROM USING
OPEN GLASS OR OPEN METAL CONTAINERS OR
KNOWINGLY ALLOWING PATRONS TO LEAVE
THEIR BUSINESS ESTABLISHMENTS CARRYING
OPEN GLASS OR METAL CONTAINERS OR STANDS
CARRYING GLASS OR METAL CONTAINERS; BY
RESTRICTING SALE OF ALCOHOLIC BEVERAGES;
FURTHER, REQUIRING ALL OWNERS OR OPERA-
TORS OF ESTABLISHMENTS WITHIN THE ABOVE
DESCRIBED AREAS TO POST NOTICES OF THIS
ORDINANCE IN THEIR ESTABLISHMENTS;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of
January 19, was taken up for its second and final reading by
title and adoption. On motion of Commissioner Carollo,
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 Joe Carollo
Commissioner Miller J. Dawkins
RT 22 1/26/84
4.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9777.
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.
13. GRANT REQUEST CONCERNING AMENDMENT TO THE EXECUTIVE
PLAZA PLAT CONCERNING CLOSURE OF N.E. 31ST STREET.
Mayor Ferre: There is a man whose wife is about to have a
baby and he is jumping up and down and going to the tele-
phone calling the hospital and he has asked that he be taken
out, so let's this man go have his baby. What item is it
on?
Mr. Charles Mays: Item 31. And for the record, it's not my
wife, it is my client's wife. If it please the Commission,
my name is Charles Mays, I'm an attorney, I'm in private
practice of law, I'm a sole practitioner and my law office
is located at 1400 N.W. 36th Street. Present with me is
Miss Mingo who is an architect and we represent the Execu-
tive Plaza Group. We are before the Commission seeking an
amendment to that certain covenant that my clients' enteied' into in
October of 1981.
Mayor Ferre: Now, counselor, I want to warn you that you
are on the 2:30 agenda.
Mr. Plummer: No, sir, 6:00.
Mayor Ferre: I've got it on the 2:30 agenda. Would you,
Mr. Clerk, or someone.... It starts with Item 21 at 2:30
and it goes ---
Mr. Garcia -Pedrosa: Mr. Mayor, this was not advertised for
a specific time, this appears on the agenda as a personal
appearance.
Mayor Ferre: Okay, but I mean as I see it, on this agenda,
it says 2:30 P.M.
Mr. Garcia -Pedrosa: Well, I think that is supposed to end,
Mr. Mayor, with Item #30 and I agree with you, it's not
clear.
Mayor Ferre: Well, I wish in the future whoever does these
things, that you so indicate so that there is no confusion,
Manny.
Mr. Plummer: Read Item D, I knew that there was as 5:00
O'Clock agenda.
Mayor Ferre: All right, I understand it. Proceed.
Mr. Mays: Thank you, Mr. Mayor. As I was indicating, we
are here before the Commission seeking an amendment of that
certain covenant that my clients entered into in October of
1981 concerning the vacation and closure of N.E. 31st Street
RT 23 1/26/84
between Biscayne Boulevard and 2nd Avenue northeast. If I
could briefly digress from the standpoint of giving the
Commission the historical background giving rise to the
covenant in addition thereto the vacation and closure of
N.E. 31st Street, back in early 1980 my clients acquired all
of the properties fronting N.E. 31st Street between Biscayne
Boulevard and N.E. 2nd Avenue and the purpose of that, of
course, was to erect two additional office buildings in
addition thereto, some parking structures with respect to
the properties thus acquired and the purpose, of course, was
to integrate it with respect to the two existing office
structures which is situated on Biscayne Boulevard. At that
time, application was made before the City's Zoning Board
for the purpose of replatting the subject property, in
addition thereto for the purpose of completely closing and
vacating N.E. 31st Street. The Dade County Department of
Traffic and Transportation became involved at that point in
time, conducted their study and made their recommendations
to the City and they concluded that the closure of N.E. 31st
Street would have absolutely no adverse impact whatsoever
upon the traffic. In addition thereto, the City's own
Planning Department became involved and it too conducted its
study and likewise concluded...
Mayor Ferre: Counselor, so that your client can go
baby, can we hear from the administration, if they
problems with this? Because if there is no problem
can get along with this very quickly and you can
don't have to give us a long speech.
Mr. Mays: Fine.
Mayor Ferre: If there is a problem then you'll
discuss it further.
have his
have any
maybe we
go. You
have to
Mr. George Campbell: Mr. Mayor and members of the Commis-
sion, George Campbell of the Public Works Department. We
took this back to the Plat and Street Committee at the
administration's request and re -reviewed the street closure.
The Plat and Street Committee has no problem with the lift-
ing of the peak hour restriction on there. As a matter of
fact, originally, we had required or requested I think it
was a 30-foot wide utility easement to maintain the existing
utilities in there and to provide for emergency access.
Mayor Ferre: So what are you saying, that you don't object
to this?
Mr. Campbell: We have no objections.
Mayor Ferre: All right, does anybody have any problems with
this?
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 84-97
A MOTION GRANTING THE REQUEST FOR AN
AMENDMENT TO THE EXECUTIVE PLAZA PLAT
CONCERNING THE CLOSURE OF N.E. 31ST
STREET.
Upon being seconded by Commissioner Perez, the
motion was passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice, -Mayor Demetrio Perez, Jr.
RT 24 1/26/84
4 f
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
14. DISCUSSION ITEM: PERSONAL APPEARANCE PAT ASSALONE, ESQ.
REGARDING PLANNING DEPARTMENT STUDY CONCERNI.:G ADJACENT
AREA TO THE PANTRY PRIDE PROPERTY ON S.E. 3RD STREET.
Mayor Ferre: Commissioner Perez had a pocket item still
pending, go ahead.
Mr. Perez: Mr. Mayor, we have a group of neighbors from the
sou"rheas:, section.
Mr. Pat Assalone: Thank you Mr. Perez and gentlemen. I'm
Pat Assalone, 1600 S. W. 2nd Avenue and we'd just like to
make a few points, I know you're busy but I just want to
make the points. I want to make you aware that on the
October 28th meeting the Planning Board was directed to make
a 90-day study of the Pantry Pride residential area. Now,
if you want me to give you those numbers, it was Motion 83-
1002, October 27th. I don't think I have to read it, if you
want me to I shall. Anyway, they were directed to make a 90
day study of the Pantry Pride residential area. Now, we
expected to be on today's agenda and upon checking the
Planning Board, we find out they have done very little or
nothing about your directive. They evidently just ignored
it and want to do what they want to do. So, our third point
is that what we're trying, what they're trying to do in
talking to them is to link the 90-day study with the Decem-
ber meeting traffic study together. I don't fall with that,
one doesn't have to do with the other. It is an independent
thing. Pantry Pride has already received their go ahead on
their building without the traffic study and here we're
being held up and penalized. It seems that what is good for
one should be good for the other. They have been approved
without it, why shouldn't we be allowed to be on the agenda?
What we would like to do is, if you would direct the City
Manager and the Planning Board to put us on the next agenda,
February (1) and (2) have them present the application for
our RO-3 application, our zoning change.
Mayor Ferre: Counselor, let's get the Manager's opinion on
this.
Mr. Walter Pierce: Mr. Mayor and members of the Commission,
the Planning Department did take a look at the area in terms
of rezoning. The opinion is in the memorandum which was
just distributed to you. The Planning Department can sup-
port rezoning up to RG-2 without the traffic study. The
connection is obvious that the more liberally zoned the area
is the more potential there is for traffic impact. The
traffic study is not getting under way, without completion
of that study we can't support anything greater than RG-2.
Mayor Ferre: Mr. Pierce, has the City and the developer
chosen a firm to do the traffic study?
Mr. Pierce: That was finally accomplished on yesterday.
David Plummer of David Plummer and Associates is being
hired.
Mr. Plummer: Put the disclaimer, I don't know the man, I
have nothing to do with the man...
RT 25 1/26/84
4'
Mayor Ferre: Plummer, we know better, we know that all the
Plummers in this community are related. John Plummer is
your cousin, we know that Dick Plummer is your cousin and we
know that David Plummer is also your cousin. Now how long
is that study going to take?
Mr. Pierce: It is going to take approximately 60 days and
we look to being on the City Commission agenda.
Mayor Ferre: Now, they want to be heard in February. Your
position is you don't want to hear them until the report is
finished, is that right?
Mr. Pierce: I think that is the case, sir.
Mr. Plummer: I think it is to their advantage.
Mayor Ferre: I'll be quick, my position is very simple.
I'm going to support the administration's position.
Mr. Plummer: Well, Mr. Mayor, I think the administration
has made it quite clear that they can support a certain
level at this point. Without it, they cannot support any-
thing further but it does leave the door open that they can
possibly can support that request which has been put forth.
Now, two things (1) I think the administration has to be
chastised for not complying with the Commission's request,
but I think the other thing has to be answered, Pat, and
that is your statement as to how come one can be treated one
way and one can be treated another and the answer is simple
and the answer is this: That the Pantry Pride, in fact,
stood alone because that traffic was submitted to Metro
Traffic and Transportation and they showed no objection so
that does, in fact, stand alone. Now, after this traffic
study is done that likewise will be submitted to Metro
Traffic and Transportation for their recommendation so it is
two separate items.
Mr. Assalone: True, Mr. Plummer, the only thing I was
objecting to is why the dragging of the feet. You know, you
people directed the Planning Board and the City Manager to
do it and they just ignored you and is the sort of thing...
Mr. Dawkins: You have to realize though you're not the only
person who we recommend things to the Planning Department
with. See? And and other individuals have things just as
important to them as your's are. So we just can't drop
everything else and then give your's priority. We have to
take them in stride.
Mr. Plummer: Well, if there is a problem, Pat, it is this
Commission, I guess, we have to take the blame, the buck
stops here and that is to the effect that if it was imprac-
tical to be done in 90 days we should have been told so. But
there is no question, Mr. Manager, I think would even have
to agree that it was done in concurrence with the admini-
stration and we set the 90 day time frame and, you know, if
that was not going to be practical we should have been told
so or you should have been told so. And all I'm saying is I
can see it on both sides.
Mr. Assalone: So then the suggestion is that it is not
practical...
Mr. Plummer: My first suggestion is that you get a copy of
what we have just been handed and, as it indicates in here,
you are scheduled or will be scheduled for March 22. Now
you take it from there.
RT 26 1/26/84
4 4
Mr. Assalone: Thank you.
Mr. Gary: I have to respond.
Mr. Plummer: At the peril of understanding the consequenc-
es, go right ahead.
Mayor Ferre: All right, anything else?
15. ALLOCATE $2,000 IN SUPPORT OF THE BOY SCOUTS OF AMERICA,
EXPLORER POST #743, MIAMI JOB CORPS DRILL TEAM.
Mr. Perez: Mr. Mayor, we have Mr. Mari from the group for
the Group for the Florida 743. They are again with the City
Commission in reference to a request that they have.
Mayor Ferre: Well, what is their request, the marching
thing?
Mr. Perez: Yes, it is the marching thing and I think what
they are requesting is the total amount of $3,500 but they
raised half and they are pending for $2,000.
Mayor Ferre: Mr. Manager, what is your recommendation?
Mr. Gary: Yes, sir.
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 84-98
A RESOLUTION ALLOCATING AN AMOUNT NOT TO
EXCEED $2000 FROM SPECIAL PROGRAMS AND
ACCOUNTS, QUALITY OF LIFE ACCOUNT IN
SUPPORT OF BOY SCOUTS OF AMERICA, EX-
PLORER POST 743, MIAMI, FLORIDA, TO
PARTLY DEFRAY THE COST OF PARTICIPATION
BY THE POST'S DRILL TEAM "MIAMI JOB
CORPS DRILL TEAM" IN THE FLORIDA CITRUS
SHOWCASE PARADE, SAID ALLOCATION CONDI-
TIONED UPON COMPLIANCE WITH CITY OF
MIAMI ADMINISTRATIVE PROCEDURE MANUAL 1-
84, DATED JANUARY 24, 1984.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
--�-�--------------------------- - ------- ------------
16. SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION
3571-3601 S.W. 37TH AVENUE; 3666-3698 FRANKLIN AVE. A
3621-3695 MARLER AVE. FROM RS-2/2 TO PD-H.
RT 27 1/26/84
0%.
1
- - - - - - - - - - - - - -- - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------
Mayor Ferre: We're now on Item 112. Are there any objectors
present that wish to be heard? Does anybody wish to be
heard on this item?
Mr. Ronald Shapo: For the record, Ronald Shapo, One S. E.
3rd Avenue, Attorney for the applicant.
Mayor Ferre: All right, does the administration have any-
thing else they want to add?
Mr. Whipple: No, sir.
Mayor Ferre: Further discussion on this Item?
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 95009 THE ZONING ORDI-
NANCE OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 3571-3601 SOUTHWEST 37TH
AVENUE, APPROXIMATELY 3666-3698 FRANKLIN
AVENUE AND APPROXIMATELY 3621-3695
MARLER AVENUE, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN) FROM RS-
2/2 ONE FAMILY DETACHED RESIDENTIAL TO
PD-H PLANNED DEVELOPMENT - .HOUSING
DISTRICT; APPROVING THE REVISED PRELIMI-
NARY DEVELOPMENT PLAN; MAKING FINDINGS;
AND BY MAKING ALL THE NECESSARY CHANGES
ON PAGE NO. 46 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
December 15, was taken up for its second and final reading
by title and adoption. On motion of Commissioner Perez,
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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9778.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
------------------------------------------------------------
17. SECOND READING ORDINANCE; CHANGE ZONING CLASSIFICATION
955 N.V. 3RD STREET - VICTORIA HOSPITAL FROM RG-2/5 TO
RG-3/5.
HT 28 1 /26/814
4 Of
Mayor Ferre: Take up item 3.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 9500, THE ZONING ORDI-
NANCE OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 955 NORTHWEST 3RD STREET
(A/K/A VICTORIA HOSPITAL), MIAMI, FLORI-
DA, (MORE PARTICULARLY DESCRIBED HEREIN)
FROM RG-2/5 GENERAL RESIDENTIAL TO RG-
3/5 GENERAL RESIDENTIAL; MAKING FIND-
INGS; AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 35 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
December 15, was taken up for its second and final reading
by title and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Carollo, the Ordinance was thereup-
on given its second and final reading by title and passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9779.
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.
18. SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION
"AIRPORT 79 INC." 5040 N.W. 7 ST. FROM RG-3/6 AND RG-1/3
TO CR-2/7.
Mayor Ferre: Take up Item 1.
Mr. Richard Whipple: Mr. Mayor and members of the Commis-
sion, as you might remember, our initial recommendation of
this item was for denial on both the rezoning of Tracts A
and B. Subsequently we have changed our recommendation
recommending approval of the rezoning of Tract A but we
still recommend disapproval of Tract B. The very simple
reasoning for that is that this commercial zoning would
intrude into the duplex area along 5th Street which already
has been developed at least on the south side with single
family and duplex residences and also that is the case to
the west on the north side of 5th Street. We believe this
would be an undue encroachment and, therefore, recommend
denial of Tract B. Subsequent to the Commission's comments
RT 29 1/26/84
at the last meeting, I believe the applicants are prepared
to proffer a covenant, not withstanding our recommendation.
Mayor Ferre: All right, are there members of the public
that are here to speak on this item as opponents or propo-
nents either one? All right, Counselor, I don't see any
members of the public here that wish to speak, if you would
make a brief presentation we're ready.
Mr. Robert H. Traurig: Mr. Mayor, I'm joined here by my
clients Mr. Camilo Pareda and Mr. J. David Perez. We have
submitted the covenant that Mr. Whipple talked about, basi-
cally what we have done is to confirm to this Commission
that we would use that property that is on the 5th Street
side only for parking, that we would not have any ingress or
egress from 5th Street and that we would heavily landscape
it. We have given the executed covenant, changed the lan-
guage suggested by the Planning Department and the City
Attorney's Office and we think that the covenant is now in
perfect order. We ask you to confirm the action that you
took on First Reading and to approve this in view of the
fact that we have we have now satisfied all of the recommen-
dations of this Commission.
Mayor Ferre: Is this the covenant here? Is the administra-
tion satisfied with the covenant the way it is? Okay, any
questions, comments? Is there a motion?
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 95009 THE ZONING ORDI-
NANCE OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 5040 NORTHWEST 7TH STREET
MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM RG-3/6 GENERAL
RESIDENTIAL AND FROM RG-1/3 GENERAL
RESIDENTIAL TO CR-2/7 COMMERCIAL -RESI-
DENTIAL (COMMUNITY); MAKING FINDINGS;
AND BY MAKING ALL THE NECESSARY CHANGES
ON PAGE NO. 31 OF SAID ZONING ATLAS MADE
A PART OF ORDINANCE NO. 9500, BY REFER-
ENCE AND DESCRIPTION IN ARTICLE 39
SECTION 300, THEREOF; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of
December 15, was taken up for its second and final reading
by title and adoption. On motion of Commissioner Carollo,
seconded by Commissioner Perez, the Ordinance was thereupon
given its second and final reading by title and passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9780.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
RT 30 1/26/84
ON ROLL CALL:
Mayor Ferre: Wait a moment. Mr. City Attorney, it says
that this covenant can be changed not by the City Commission
but by the Zoning Board, whichever has jurisdiction, that is
simply not acceptable to me. It can only be changed by the
City of Miami Commission.
Mr. Traurig: And we would like to delete the words "or the
Zoning Board".
Mayor Ferre: I don't care who has jurisdiction, this City
Commission, if we're granting this we have to have final say
on any changes in the future.
Mr. Traurig: That was standard language that we used, but
since the City Commission is granting the zone change, we
would delete reference to the Zoning Board. It would have
had to go to the Zoning Board and then to the City Commis-
sion.
Mayor Ferre: I don't mind you putting it that way, the
Zoning Board and City Commission. I do object to "or City
Commission". Follow me?
Mr. Garcia -Pedrosa: I would suggest then, Mr. Mayor, that
we strike the words "or the Zoning Board" if you want to
accomplish that and then strike the language in parenthesis
which reads, "whichever by law has jurisdiction over such
matters".
Mayor Ferre: No, I want the City Commission, no matter who
has jurisdiction, to have the final say.
Mr. Garcia -Pedrosa: That's what I said, Mr. Mayor, I would
strike the language "whichever has jurisdiction over such
matters".
Mayor Ferre: Oh, I've got you. Is that acceptable?
Mr. Garcia -Pedrosa: So the sentence would read, "Provided
that the same has first been approved...."
Mayor Ferre: Is that acceptable to the maker of the motion?
Is that acceptable to the seconder of the motion?
Mr. Garcia -Pedrosa: Mr. Mayor, I think then we would need
to have that change, Mr. Traurig, initialed by the maker of
the covenant who is voluntarily tendering it with that
amendment to the City.
Mr. Plummer: Subject to that change.
Mr. Garcia -Pedrosa: Voluntarily changed.
Mayor Ferre: And the reason, counselor, so that you under-
stand and so that your clients will understand is that, you
know, the Zoning Board doesn't get elected, the members of
the Commission get elected and if all of a sudden five years
from now somebody changes this thing and all of a sudden
there is ingress and egress on 5th and the neighbors get all
upset, you know.
Mr. Traurig: Mr. Mayor, we are totally amenable to the
suggestions made. The Zoning Board did not have jurisdic-
tion, therefore, it could have not exercised jurisdiction,
but notwithstanding that, we're happy to delete those words.
Mayor Ferre: Okay. Are we ready to vote now?
RT 31 1/26/84
Mr. Garcia -Pedrosa: I think you should start the roll call
all over, Mr. Mayor, with that change.
Mayor Ferre: Subject to the change. All right, further
discussion? Start the roll call.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 9500, THE ZONING ORDI-
NANCE OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 5040 NORTHWEST 7TH STREET,
MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM RG-3/6 GENERAL
RESIDENTIAL AND FROM RG-1/3 GENERAL
RESIDENTIAL TO CR-2/7 COMMERCIAL -RESI-
DENTIAL (COMMUNITY); MAKING FINDINGS;
AND BY MAKING ALL THE NECESSARY CHANGES
ON PAGE NO. 31 OF SAID ZONING ATLAS MADE
A PART OF ORDINANCE NO. 9500 BY REFER-
ENCE 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
December 15, was taken up for its second and final reading
by title and adoption. On motion of Commissioner Carollo,
seconded by Commissioner Perez, the Ordinance was thereupon
given its second and final reading by title and passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9780.
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.
19. EISCUSSION AND TEMPORARY DEFERRAL OF A PROPOSAL TO APPLY
SEC. 1613 - HC-49 COMMERCIAL AREA HERITAGE CONSERVATION
OVERLAY DISTRICT TO SEARS, ROEBUCK & CO., 1300 BISCAYNE
BLVD. (See later same meeting).
Mayor Ferre: We are now on Item #4. That is the Sears
property at 1300 Biscayne Boulevard. Planning Department is
recognized.
Ms. Joyce Meyers: Mr. Mayor, the Planning Department recom-
mends designation of this building as a historic site.
Mayor Ferre: I can't hear you,
RT 32 1/26/84
Ow I
Ms. Meyers: The Planning Department is recommending desig-
nation of the building as HC-4.
Mr. Plummer: Is that in concurrence with the owners? It is
my understanding, the way the ordinance is drafted, that
there is a procedure in which the owners have to concur and
I question that this matter even has to be back before this
Commission. They have the right, you have the right to do
certain things within a certain matter of days, you can hold
up their permitting or demolition permitting during that
period of time and at the conclusion of that period of time
if you have not come up with a viable alternative then the
owner's rights prevail. If I am wrong, please correct me.
Ms. Meyers: Mr. Plummer, you're correct about the issue of
demolition, that is not what is at issue today. And the
point of whether a building should be recognized as being
historic through the designation, the ordinance which we
worked out together does not give the owner a choice, it is
up to the Commission to designate a building if it meets the
criteria for designation, and we say that it does and that
it should be designated. The issue of whether it should be
demolished is a separate issue.
Mr. Plummer: Who makes the decision in behalf of the De-
partment as to what is to be designated?
Ms. Meyers: We have a Board.
Mr. Plummer: It was my understanding that a list was given
this Commission and we categorically went down that list as
to what areas would be designated or what building and what
would not be. Joyce, I'm sorry, I'm going to have to get
back, and we'll open this whole can of worms again if there
is a misunderstanding. I am never going to sit here and let
you take away the right of private ownership including
Plummer Funeral Home which this year is 60 years old.
Mayor Ferre: And is a historical monument.
Mr. Plummer: No. Now, damn it, a man owns a piece of
property, and I am not going to let government tell him what
he can do and what he can't. If he wants to agree and the
advantages are there, so be it. I am proud of it.
Mayor Ferre: Okay, Ronald.
Mr. Plummer: Carollo, crank up for a hour of dissertation.
Now, you know, I'm just very much opposed...
Mr. John Clark:
help in this area,
3696 Bayview Road.
Mayor Ferre:
last night?
Mr. Clark:
course.
Mr.
Mr. Mayor and Commissioners, maybe I can
Commissioner Plummer. I am John Clark,
Clark, did you listen to the President
No, I didn't, I was teaching a real estate
Mayor Ferre: Well, if you had, you would understand the
strong feelings that some members of this Commission identi-
fy with the right of private property in expressing them-
selves.
Mr. Clark: Certainly, I do too. I am a realtor with Coconut
Grove Realty here in the City of Miami. I am also Chairman
of the City of Miami Heritage and Environmental Conservation
Board, and really, the issue here today is not the demoli-
tion because our Board, we have used up the six months as
RT 33 1/26/84
far as demolition and Sears, it is my understanding, is now
working with a pre>ervation developer from San Francisco.
So we prefer to let the market decide, the market place,
whether this building is going to stand or be demolished.
Our Board is not going to stand in the way of a demolition
permit. But the point today is the integrity of the ordi-
nance that you all enacted and enacted my Board. It is a
Board made up of experts. It's not just preservationists.
We're business people, as I said, I'm a realtor, we have
architects, we also handle the environmental conservation
areas of the City, we have a landscape architect on our
Board. The Sears Building meets five of the criterion, it
only has to meet one to be designated historic. So it is
unfortunate the Sears Building is not a more popular build-
ing. But as far as the ordinance itself, and the integrity
of the Board, we are coming to you and saying yes, this must
be declared historic. Now, if they want to tear it down,
that is fine, that is a second step. But if you don't listen
to the Board of experts, I don't really know where we stand
with the ordinance. We are violating the ordinance, all of
us here.
Mr. Plummer: All right, let's understand. If, in fact, the
Sears, and let's use...
Mayor Ferre: Plummer, I've got to interrupt you. I don't
want Plummer to have to say this, let me say it so that he
doesn't have to do it himself. Plummer has been consistent
from the very very beginning and has never said anything
other than what he is saying today. So when this matter was
voted upon, I want to make sure it is clearly understood,
that this Commission respected Commissioner Plummer in that
posture which he took which he has taken from the very
beginning of this process. And if it hadn't been for
Plummer reluctantly voting for this, kicking all the way to
the end, we wouldn't have gotten to where we are. So I just
don't want it to be misunderstood that all of a sudden
Plummer is coming up with something that is out of the blue
and that, therefore, the ordinance is in jeopardy. Plummer
has been consistent from the very beginning and has made
this same statement to my chagrin, because I'm tired of
hearing it at least 150 times.
Mr. Plummer: I'm sorry I have to keep bringing it up.
Mr. Clark: We're talking about the ordinance, what we have
on the books now, and that's what we're trying to follow,
the integrity of the Commissioner and the ordinance possi-
bly.
Mr. Dawkins: Let me ask one
say that if an individual
property he did not have to?
Mr. Clark: Not....
question. Didn't the ordinance
did not want to preserve his
Mr. Dawkins: What do you mean? Not what?
Mrs. Arva Parks: Mr. Mayor and members of the Commission,
my name is Arva Parks and I'm a historian and I am your
former Vice -Chairman of the Heritage Conservation Board.
There is only one issue here today, as we see it, and I
think we've already gotten into that and we'd like to ad-
dress it head on. The only issue here is does the Sears
Building meet the criteria for historic designation accord-
ing to the ordinance of the City of Miami? Your Board, and
I'll go into this in a little more detail in just a minute,
your own Board unanimously voted that it met the criteria.
Other broad -based community organizations who are here today
who are here to say that they agree with the Board. My
PT 34 1/26/84
position, and
historian and
the ordinance
ly as I can.
what I would
a researcher is
and how it meets
like to explain to you as a
to say what the criteria is in
it and I'll do this as quick -
Mr. Plummer: Well, Arva, I have a disagreement with your
comments so far. That is not the purpose here today to say
whether or not it qualifies. It is here on my agenda today
to apply. To apply that overlay to this particular building
and from what I understand the developers are opposed. Not
whether it qualifies.
Mr. Dawkins: Mr. City Attorney, when we passed this didn't
Mr. Plummer insist that the ordinance include the phrase,
terminology, wording or whatever, that if an individual
owner did not want to declare his property, that he did not
have to? I need the City Attorney, please. Let the City
Attorney answer this, please.
Mr. Garcia -Pedrosa: I don't want to disappoint you, Commis-
sioner Dawkins, I don't recall one way or another what the
discussion was at the time.
Mr. Dawkins: What does the ordinance say though?
Mrs. Parks: Mr. Mayor, if we could-------
MayorFerre: Arva, excuse me for a second because I'm going
to recognize you, you're not going to be denied your rights
to speak, there is a question procedurally because there is
a legal matter that has now come up.
Mrs. Parks: I think there is some confusion that I might be
able to--------
MayorFerre: Okay, we're going to get to that in a moment,
and you're going to clarify it but I think the matter is
addressed to the City Attorney for a legal answer as to
whether or not there is any clause in this with regards to
the owner's rights to accept or not accept the classifica-
tion of historical site. Now, it is either yes or no.
Mr. Garcia -Pedrosa: The answer is the owner has certain
rights, Commissioner Dawkins, but not as currently drafted
in the ordinance, the right to absolutely forbid the appli-
cation of the overlay district.
Mr. Plummer: I've got a motion.
Mrs. Parks: May I finish, please, Mr. Mayor?
Mr. Gary: You need to understand the second half of it.
Mrs. Parks: I think if I explain this it will help on the
understanding.
Mayor Ferre: Okay, Mrs. Parks, go ahead.
Mr. Plummer: Let Arva, she is about ready to bust at the
seams. Let her go ahead. I'll acquiesce to her.
Mrs. Parks: I think the issue here today, and this is
basically what we are trying to say, Commissioner Plummer,
is the ordinance has two processes. One is designation.
That is orderly, clear language in the ordinance if that you
meet certain criteria, a, b, c, and d, according to the
Board, you, therefore, qualify as a historic conservation
district. The second issue, and this is what we had a very
heated and emotional debate over this, as you recall, when
this ordinance was passed. The second half of this is, in
RT 35 1/26/84
q
our opinion, your great victory for your point of view.
There is no demolition prohibition in our ordinance as there
is in Dade County's. In other words, I think what you said
was the conclusion and the compromise we came to, that we
can stall but we have no right to stop demolition. So the
issue today is not whether or not Sears should be saved,
whether or not Sears should be demolished, whether or not
anything to do with the ultimate right of Sears to deal with
their property. The only thing we're dealing with today is
does it meet the criteria. And I would like to say - and I
won't go through all of this in great detail, just very
quickly, we have experts here today to say that it does meet
the criteria. The criteria being one having to do with
historical, cultural, political and social trends. I think
this is best explained by looking at the history of right
this minute. We know what is the building, the built envi-
ronment that is going on in downtown Miami is the trend and
excitement of the 801s. This is a social trend, an economic
and a cultural trend in our community. The same was true in
1929 when the Sears building was built and the Mayor of
Miami cut the ribbon and 6,000 people showed up in the first
two hours. It was a very exciting time for Miami at a time
when the City was wallowing in depression and, therefore, it
is a very important part of the cultural history of Miami.
I have two letters here which I won't read, but they're
here, I think you have them in your packet. One from the
Black Archives who says that in their opinion - they are a
historical group, as you know - it meets the criteria of
the City of Miami ordinance and the other from the Histori-
cal Association of Southern Florida. Another one of the
criteria that the Board says the building meets is that it
has the distinguished characteristics of an architectural
style. The architects will address that greater but I
think it is very interesting that in Sears own booklet that
they put at their 50th anniversary, they touted their archi-
tectural style and gave the best example or best tying in to
why the Board feels that it merits this qualification. So
possibly the key lies in the spirit of those times, a spirit
that embraced with determined optimism a modern age when
technology could be romanticized. The third criteria is the
outstanding work of a prominent designer. That too will be
backed up by an expert opinion. Also containing design and
craftsmanship that are particularly adapted to the South
Florida environment. Art Deco, south Florida has become
nationally known for its Art Deco and Sears was an innovator
in shopping centers, really that is kind of the first subur-
ban shopping center, and our climate is particularly open
for shopping centers. The last criteria, the 5th criteria
which the Board feels and the organizations feel the Sears
Building meets is that it has prominence of special, is
easily identifiable. There is not a person in this town, I
don't think, that cannot tell you where the Sears Building
is, whether they like it or not, it is easily identifiable
and everyone knows it as the gateway to the north end. The
only issue, as I said, and I will sum up quickly, does the
Sears Building meet the criteria of the ordinance? Under
the ordinance, if it meets the criteria then there is really
no discretion except to follow the law. We are really here
today talking about the law. As I said before, at the time
of the ordinance, we had a very heated discussion over owner
consent on designation only. We yielded on demolition.
Those of us in the preservation movement would have loved to
have had no demolition like the Dade County ordinance but we
yielded on that issue and that is the key issue. We feel
that we addressed the owner consent on designation issue at
the absolute front door when we were here arguing over the
ordinance and now on designation only we feel it is improp-
er for the Commission to allow people to come in the back
door and try to throw out designation. Demolition is not
an issue today. De Ford has already said that it will work,
RT 36 1/26/84
that the six months, as far as they are concerned, no one is
going to try to stop Sears from demolishing their building.
But we're talking about the ordinance and we're talking
about designation. This is just a quote that I think is the
key issue, it is what we are talking about today. The Heri-
tage Conservation Ordinance is the law of the City of Miami
and I am sure the City Attorney will agree with me that it
does not require owner consent for designation only. And in
conclusion, I would like to quote a wonderful quote I found
from Teddy Roosevelt: "No man is above the law and no man
is below it. Nor do we ask any man's permission when we ask
him to obey it."
Mr. Plummer: "And the same man that man that makes that law
can change those laws." That is a quote from J. L. Plummer.
Mr. Dawkins: I think, and if I'm in error please correct
me. I think in the very beginning this Commission - and if
I'm in error, some one up here correct me - accepted the
fact that you and your Board designated the Sears Building
as historical, am I right or wrong?
Mrs. Parks: No, sir, it has not come, the final process has
not come, we have not yet designated it.
Mr. Dawkins: But also you said that through demolition -
and if I'm in error, correct me - that we all knew that this
was stalling tactics in order to prevent demolition.
Mrs. Parks: That is really what the whole -ordinance does.
Mr. Dawkins: Okay. Now, wouldn't you say then that Sears,
the owner of the building, has operated in good faith in
that they did not demolish the building even though they
could have?
Mrs. Parks: We are very pleased with Sears' good faith,
however, that has not anything to do with the issue at hand.
Mr. Dawkins: Yes, it does. I beg to differ with you, it
does have something to do with the issue at hand. The issue
at hand is that you don't want to tear it down and they do
want to tear it down. The Board, the historical Board does
not want it destroyed and Sears wants to go about the busi-
ness of developing the property which they have legally
purchased and want to develop. So the issue is whether they
can go ahead and develop their property or whether they have
to leave the demolition.
Mrs. Parks: Sir, I think John can answer that better but I
can say that there is no one here today. We have finished
that argument. There is no one here today trying to stop
Sears from demolishing their building. There are developers
talking to them and if there is any hope for Sears that is
it. We are here today because we want to uphold the ordi-
nance and because of the ordinance....
Mr. Dawkins: What are you upholding if you don't want to
stop Sears from destroying their building? You can't tell
me what she is going to tell me.
Mr. Gary: No, I'm going to make my own comments.
Mr. Dawkins: Well, let me hear, what are we here for then,
Mrs. Parks, please?
Mrs. Parks: The main thing is we are here to follow the
laws of the City of Miami and to have some power in the
future to be able to have discussions with----
RT 37 1/26/84
OV i
Mr. Dawkins: But all the law gives you the right to do is
designate it as historical.
Mr. Gary: That's all she wants to do.
Mr. Plummer: No, excuse me, and I'm sorry and I'm sorry to
the Mayor. Mr. City Attorney, one ordinance does have
something to do with the other ordinance. Am I correct that
if this ordinance is applied today to Sears as a designated
site it then kicks in the other ordinance which allows the
hold-up of demolition for six months? I've asked the City
Attorney.
Mr. Garcia -Pedrosa: It is really all the same ordinance, it
is part of Section 16, but yes, if the overlay district is
applied, and the answer to Commissioner Dawkins' question is
that this ordinance applies the overlay district to this
property, then as Mrs. Parks explained, there are provisions
which enable the holding up of the demolition although
ultimately that cannot be prevented.
Mr. Plummer: So in other words then I am to understand that
since this application has not been applied to the Sears
project, that if it is applied today, if it were to be, that
the second portion then kicks in, allowing them to hold it
up for six months, is that correct? Excuse me, I pay a# City
Attorney very very well, I have asked him for an answer.
Mr. Garcia -Pedrosa: I think you might be referring to the
City Manager, but....
Mr. Plummer: You mean PT 107?
Mr. Garcia -Pedrosa: The answer, Commissioner, is that if
you were to apply the overlay district to this property then
those provisions kick in and if you were not to apply it
they do not.
Mr. Plummer: Exactly the point.
Mr. Gary: Now, if I may, going through this whole process,
and you are correct, Commissioner Dawkins and Plummer, there
are two processes, the designation and the second phase is
the demolition. They are here asking for the designation
only which goes in effect if it meets certain criteria. It
meets those criteria. Let's go chronologically. First
you've got to designate it if it meets the criteria. The
second is demolition. Because they have been going through
that process, they are saying when you follow your ordinance
by designating it they will not hold Sears up for 6 months
for demolishing it. They are saying that if Sears, after
designation goes into effect, if Sears wants to demolish it
the next day, fine, they can. Now let me just say one
thing. They have said that according to their Board that
they can demolish it the next day, however, it is a legal
issue. I don't know whether or not they have the authority
to say that it can be done the next day if the ordinance
says you have a maximum of six months. I would say yes
because it says up to six months they have already voted, so
they are satisfied, you're concerned that they cannot demol-
ish it. If they want to demolish it the next day after it
goes under designation, fine, nobody is going to stop them.
Mayor Ferre: That is good enough for me, but I think we
ought to hear from Sears and see if they see it the same
way. If they do then I've got no problem.
Mr. Robert H. Traurig: For the record, my name is Robert H.
Traurig. I'm an attorney with law offices at 1401 Brickell
Avenue. I'm joined here by Mr. Stuart Thomas, the local
RT 38 1/26/84
manager for the Sears operation and by two gentlemen from
Atlanta, Mr. Chuck Dobbins with their real estate department
and Mr. Charlie Houck, the general counsel. I think that
the issues have been clearly identified and I would like you
to know, and I'd like those who are associated with the
preservation efforts to know again, and to be satisfied,
with regard to the Sears' efforts to cooperate. We have
been talking about this for about 11 months during which
time this matter could have been decided by this Commission
but we, the people associated with Sears, in order to coop-
erate with the preservation interests have agreed to defer
this hearing in order to give more time to the process so
that perhaps somebody could step forward and indicate an
interest in buying and preserving this property. As a
matter of fact, if you recall, the last time this matter was
before this Commission, we got it sent back to the Planning
Advisory Boar.. to buy some additional time, and the time
before that that it was before this Commission it was de-
ferred because Mrs. Parks was unable to appear that day.
And generally we have become good friends with the people on
the Preservation Board and we have been very very concerned
that their process work. What has happened is that they are
utilizing that process now, unwittingly, to our detriment
because we wanted to tear down this property last year and
not have to pay 1984 ad valorem taxes based on the improve-
ments, but we agreed not to do it and we were asked whether
or not we would advertise this property in the Preservation
News and the Wall Street Journal and in other national
periodicals so that anyone with a national interest in
preservation could step forward and we have been doing that
consistently month after month since last spring and we have
been before you and before the Planning Advisory Board which
twice has recommended to you that you deny this application
and we are saying to you that we do not want to preserve the
building but we will respect any existing efforts to pur-
chase the property for preservation. There was and is one
private party which has expressed an interest. We have
negotiated with him. We don't think that those negotiations
will bear fruit but we will continue as long as we think
that they in good faith (A) intend to buy and (B) have the
ability to buy and we won't demolish immediately while those
efforts exist. But we would like you not to designate this
property because we think it would be grossly unfair. I
would call to your attention that the documentation that was
given to the community at the time that the Heritage Conser-
vation Ordinances were approved, make it very clear that if
we don't - just as Mr. Plummer says, if we don't want to
preserve property we're not going to be forced to do it.
And it makes it very clear also that no economic hardship
will ever be forced upon a property owner merely for the
purpose of preserving a parcel of property if th&t property
owner doesn't want it. We're saying we are enduring econom-
ic hardships as a result of this. Not only are we paying
the ad valorem taxes based on the improvements, but our
inability to offer this property for sale under normal
conditions because those who would consid>r the purchase of
this property have for the most part been unwilling to
negotiate because they think the threat of the Heritage
Conservation designation might have some adverse affect upon
them. We have a $15,000,000 piece of property from which
we're deriving no income. The store has been vacant since
June of 1983. I think that you have understood this issue
over a long period of time and for us to deal with the
subject more fully would be counter productive, but I merely
would call to your attention that we have copies of letters
here sent over a long period of time to the preservation
interests, not only to the Dade Heritage Trust but also to
Mr. Michael Ainsley of the National Trust for Historic
Preservation saying we understand the issues, we will be
cooperative but we want to demolish the property as soon as
RT 39 1/26/84
I
we are able to do it. And we, therefore, urge you to deny
the application. We know that you have very often said, "The
buck stops there." You haven't delegated to the Heritage
Conservation Board your right to make a final decision, they
made a recommendation to the Planning Advisory Board, the
Planning Advisory Board has now said to you, "deny the
application that they have filed", we are asking you to
accept the responsibility, bite the bullet and deny it
because it would be grossly unfair to the property owner.
Mayor Ferre: Counselor, I think we all understand the
issue, and I'll just give you, counselor, a few minutes for
rebuttal, you for a quick rebuttal and then we need to vote
on this.
Mr. Gary: First, I'd like to say I am a cultural neander-
thal and I'm not a historian but I do have 20/20 eyesight
and I don't like the building. Let me just say one thing,
first of all to correct something that the counselor said.
On one hand he said that they agreed to wait and on the
other hand he said they have a hardship. Therefore, if
there is a hardship it is a self-imposed hardship because
you agreed. Secondly, he has not, in my estimation, Mr.
Mayor, demonstrated why he would have a hardship if this is
designated for the mere fact that nobody is precluding them
from demolishing the building and doing what they want to do
with the land. I just want to put that on the record.
Mr. Traurig: Mr. Mayor, I have to dispute what the Manager
has said. ( 1 ) The burden of proof is not upon us; (2) we
would then have to file an application for a certificate of
appropriateness which has to be reviewed by the Board and
ultimately a total administrative process, we feel that we
have already waited far more than the six months, we have
waited almost a full year and for us to have to demonstrate
hardship when it is so obvious, you know, it doesn't appear
to be equitable. As far as hardship is concerned, we are
saying that there is an economic hardship which we are
enduring by not being able to destroy this property and
market the property in a normal way and by having to pay ad
valorem taxes on improvements which have no economic benefit
to us.
Mayor Ferre: All right, thank you.
Mr. Tim Blake: Mr. Mayor and Mr. Commissioners, my name is
Tim Blake, President of Dade Heritage Trust Revolving Fund,
Trustee of the Florida Trust for Historic Preservation. I'd
like to just say several brief things. In all of Bob
Traurig's arguments, he still has not told you and has not
brought forth experts or documentation or anything stating
how that structure does not meet the criteria in your ordi-
nance. It not only meets one, but it meets five of the
criteria. These, by the way, are not just your criteria,
you adopted the criteria that the Department of Interior
uses for listing on the National Register of Historic Plac-
es - truly valid and authentic criteria. We have presented
to you today, and there is a package of original letters
that are with the Clerk or will be given to the Clerk that
state how this building meets these criteria. We have faith
in Sears that they are going to make a legitimate effort to
talk with this developer to try and save the Sears Tower so
that it can both please their profit motive and the preser-
vation interests We have also heard that the Preservation
Board in essence, is going to give credit to Sears for their
voluntarily delaying the process and not applying in the
last six months like they could have dine to demolish the
building. In essence, when the Certificate of Appropriate-
ness may come before the Board for demolition, they are not
going to delay it six months and they are going to allow
RT 40 1/26/84
I "i
them to tear the building down. We are asking you to desig-
nate this building as historic. It is not, as Mr. Traurig
would say, grossly unfair, wrong or any other superlatives,
not to designate the building historic. We are saying to
you, and the people who are saying this to you, and I'd like
to go down the list, is: Dade Heritage Trust, Dade Heritage
Trust Revolving Fund, the Department of State Bureau of
Historic Preservation; State Preservation Officer George
Percy in Tallahassee; The Florida Trust for Historic Preser-
vation; the National Trust for Historic Preservation; the
Miami Design Preservation League; the Metro Dade Historic
Preservation Board whose Chairman, Mr. Ted Baker is here
today, and if we had an opportunity would love to talk to
you and tell you that the County Bcard thinks that the
building meets the criteria. By the way, the County crite-
ria are the same as your City criteria. And all the Boards
in this entire County judge on the same criteria - the
national criteria. There are also interests present here
today and architects and many letters from architectural
societies and firms and organizations and individuals who
also will attest that architecturally this building meets
the criteria. This is the basis on which we come before
you. Demolition will be at the hands of Sears. If they
decide to tear their own building down, Commissioner
Plummer, they have every right to. They can come, file
their certificate of appropriateness, get the approval, the
Board has alreedY told you it is not going to hold them up
six months and they can tear the building down.
Mr. Plummer: Mr. Blake, hearing everything that you say,
hearing that, and we're talking a particular case even
though I understand as the chairman said the integrity of
the ordinance; hearing that Sears is opposed, I then ask you
why put all of the City departments and all of the research
and all of the hearings, what is accomplished by designating
in an area where they don't want it designated? What have
you accomplished?
Mr. Blake: We're accomplishing the objective - you see, in
this particular instance we kind of got the cart before the
horse, remember, because we didn't have an ordinance when it
first came up. So things have been a little backwards here.
Normally, we would seek designation and normally they would
come in and say no but you would designate it because it
meets the criteria and they would apply for a Certificate of
Appropriateness, it would be dragged out six months and then
they would tear it down. That is how it normally would
work. Here they have kind of put the six months before the
designation process and we're saying fine, we'll give them
full faith and credit for delaying it for the period of time
and now, by designating it then they want to tear it down,
they come in and right away after the first hearing of the
Preservation Board they'll apply and they'll get it and
they'll tear it down, and they've gotten the credit for the
six months. So the process has worked but it worked a
little differently here because we didn't have the full
ordinance in affect at the time they originally, in the
ordinance to rezone the area of the Omni, remember there was
that exclusion that was brought in except for the Sears
Tower and we went all around that?
Mr. Plummer: I remember all of that.
Mr. Blake: Okay, we debated the issues three times in
different contexts and different ordinances and finally now
we're under the ordinance that governs and all we're saying
is fine, we believe it meets the criteria, there is no way,
not one word has been said that it doesn't meet the criteria
other than it says we don't want it. If they don't want it
to stand, even though it is historic, then let them tear
down a historic building.
RT 41 1/26/84
lot 7
Mr. Plummer: Mr. Blake, sir, so the record is clear. I
made this statement before, I'll make it again. If I had my
personal choice I would like to see the Sears Building
remain. I grew up in this town with that structure and I
feel it is a part of this town - that on the record. But
here again, I find myself in a position of defending a
person's rights of ownership of property. I see absolutely
no advantage if an owner is opposed, to even go through the
process unless they request it. We had a case, Mr. Blake,
you were a part of, and if I'm not mistaken, are an owner of
a building on First Street and 5th Avenue in which it was to
your advantage to become designated as a historic site. You
got breaks on your taxes....
Mr. Blake: No, no breaks on taxes.
Mr. Plummer: Okay. You got money to restore, cheap money
to restore, is that correct?
Mr. Blake: No, we had to borrow it from a bank and paid
full interest.
Mr. Plummer: Well, what was your advantage of having it
declared? There were advantages.
Mr. Blake: We get a tax credit.
Mr. Plummer: Okay, it was to your advantage and you so -
requested that. You are the owner of that property, and
sir, I would defend your rights to the end of this earth to
so -designate it. But why are 'you trying to impose upon an
individual who it is fully understood by this Commission, if
I recall correctly, that if they don't want it it's not
going to be done, why put this Board and put all of these
people through these mechanics if the person says no, I
don't want it?
Mr. Blake: Okay, I'll tell you the answer. The answer is
remember what happened to the Gesu School Building?
Mayor Ferre: Mr. Blake, I'm sorry, excuse me for a moment
because I'm going to see if I can cut through this. I'm
going to ask for a five minute break because I know the
Manager wants to talk to Commissioner Plummer. But before
we take the break, I'm going to recognize you for that but
I've got an item here, a request on Item 8 to be heard.
However, there is also a request, as I understand it,
Plummer, you said that you wanted that deferred?
Mr. Plummer: No, sir, not Item 8.
NOTE FOR THE RECORD: AGENDA ITEMS NUMBERS 18 AND 19 WERE
DEFERRED.
-----------------------------------------------------
20. DENY APPLICATION OF PLANNING DEPARTMENT TO APPLY SECTION
1613-HC-4; COMMERCIAL AREA HERITAGE CONSERVATION OVERLAY
DISTRICT TO SEARS, ROEBUCK & CO., 1300 BISCAYNE BOULE-
VARD.
------------------------------------------------------------
Mr. Dawkins: Let me ask the City Attorney a question. Mr.
City Attorney, I heard Mrs. Parks say that legally they
wanted the building declared historical because we have
enacted a law that says this must be done. Now, where are
we if we do this? Where are we if we don't? And what
message does it give the Board as to how sincere and dedi-
cated should they be to what they are doing?
RT 42 1/26/84
1
Mr. Garcia -Pedrosa: Commissioner Dawkins, I didn't really
understand the statement. I understand what you said, let
me answer the question. I didn't understand the statement
Mrs. Parks made to be exactly that way. I think what she
was trying to say was that you have set certain criteria and
that a building or a structure that meets those criteria in
her opinion ought to have the designation. On the specific
legal question as to what the Commission's authority is, the
ordinance provides, and let me just read it to you: The
City Commission may affirm, modify or reverse the Board's
decision. So the ultimate decision is with this Commission,
and I think the question is whether the intent and the
purpose of the ordinance are :,erved by application or not,
of the district to a particular structure.
Mr. Plummer: It goes further than that, Mr. City Attorney,
as to whether or not we're going to put the administration
and all of the rest of the people to the task of going
through procedures that, in fact, are not even warranted by
virtue of the fact that the owner doesn't want. So I think
that is where we're going to have to get to the key issue.
Mr. Ernie Fannatto: I'm only going to speak for a half a
minute, Mayor.
Mayor Ferre: All right, Ernie, go ahead.
Mr. Fannatto: Ernie Fannatto is my name, and I'm President
of the Taxpayer's League, Miami and Dade County. Commis-
sioner Plummer, I'm glad you were on the Planning and Zoning
Board, it is really showing as a Commissioner. I think that
the Board is trying to impose an infringement on inherent
right that an owner has to this property. And tell me some-
thing, what is so historic about a dilapidated old building
like Sears and Roebuck? I think it shows bad judgment on
their part not to waive it if they are going to call that a
historic building, God help us on some of these other build-
ings that they might call historic. And I think that the
owner, as I said before, has an inherent right to go on with
this and do it fast. You've cost them several hundred
thousand dollars and interest on $15,000,000 is a lot of
money. You've already delayed this 11 months, let's go on
and don't delay this any further so as to cost them another
$300,000 or $400,000.
Mayor Ferre: Mr. Fannatto, I've got to ask you, are you a
stockholder of the Sears Company?
Mr. Fannatto: No, I'm not.
Mayor Ferre: Have you ever been an officer in the corpora-
tion?
Mr. Fannatto: Mayor.....
Mayor Ferre: Are you a good customer of Sears'?
Mr. Fannatto: No, but I respect the homeowners and the
taxpayers of this County and I think that these people, it
is silly for them not to waive what they're doing. That is
a disgrace of the intelligence of that Board to call that a
historic building, an old dilapidated building.
Mayor Ferre: All right, thank you, we're going to take a
five minute break now.
THEREUPON THE CITY COMMISSION TOOK A BRIEF RECESS.
HT 43 1/26/84
7
Mayor Ferre: There is a gentleman here who is on Item 7 who
has to work, he works picking up children in a bus, and he
has to go pick up the children. He has asked permission on
the record on Item 7 to put his... He cannot speak English,
we'll have to get a translator.
Mr. Garcia -Pedrosa: I'll do it, Mr. Mayor.
UNIDENTIFIED SPEAKER: Senor alcalde y senores commis-
sionados, mi ingles es muy poco. Soy ciudadano Americano.
Estoy citado aqui para un caso en Flagler Terrace donde
quieren zonificar. No estoy de acuerdo con la zonificacion.
Llevo 20 anos viviendo en el mismo lugar. Nunca he tenido
problema en mi calle. Gracias a todos y eso es todo.
Translation by Mr. Garcia -Pedrosa: Mr. Mayor and Commis-
sioners, I speak very little English, I am an American
citizen. I am here on a matter for rezoning of Flagler
Terrace. I am not in favor of the rezonification. I have
been living in the same place for 20 years and there has
never been a problem on my street. Thanks to all of you,
and that is all I have.
Mayor Ferre: El nombre y su direccion, por favor.
Mr. Avelado Seen: Mi nombre Avelado Seen. Mi direccion
3636 y 3640 N.W. Flagler Terrace.
Mayor Ferre: E1 apellido suyo se deletrea?
Mr. Seen: S-a-e-n.
Mayor Ferre: Muchas gracias.
Mr. Seen: Gracias a usted, senor alcalde y commissionados.
Mr. Plummer: On behalf of the token gringo on this Commis-
sion, I waive consecutive translation.
Mr. Augustin Perez: Mr. Mayor, my name is Augustin Perez
Silvera, I am with the law firm of Alonso, Posh and Perez-
Silvera and we have offices on 1313 Ponce de Leon.
Mayor Ferre: Are you on Item 7?
Mr. Perez-Silvera: Yes, I am, sir.
Mayor Ferre: Are you also, do you have an emergency that
you have to make a statement into the record?
Mr. Perez-Silvera: I was concerned that Mr. Seen may leave.
Mayor Ferre: He is going to leave.
Mr. Perez-Silvera: Fine, I wanted then to clarify a point.
I had the opportunity to speak to Mr. Seen this morning and
there is some confusion in his mind as to what the proposal
is here today. He feels that we are seeking a zoning change
as to all of Flagler Terrace which, of course, is not the
case. We're only seeking a change as to four specific lots
and he is under the assumption that we are seeking to change
the zoning as to all of Flagler Terrace, and consequently,
he will have to move out of the neighborhood. That, of
course, is not the case and I just wanted to reflect that.
Mayor Ferre: All right, thank you. This was just a gentle-
man on Flagler Terrace who has to leave because he drives a
bus and he has to pick up some children and he wanted to
make his statement into the record in protest to Item 7 and
I allowed him to do that. All right, we're back on Item 4.
Go ahead, sir.
RT 44 1/26/84
CONTINUED DISCUSSION ON ITEM 4:
Mr. Tim Blake: To conclude, we would state that there has
been no demonstration before the Commission today of what
criteria this building does not meet. We would cite to this
Commission the Gesu School scenario where your ordinance
does work. Your ordinance is not an involuntary ordinance
like the Dade County ordinance is. Your ordinance for demo-
lition requires owner consent. Your ordinance for designa-
tion does not require owner consent and for your ordinance,
in effect, to be a preservation ordinance there has to be a
designation procedure. We have complied with the procedure,
others who have spoken from this platform here today, the
chairman of the Board, and I think it is the concensus of
those who have attended many Board meetings are that when
Sears comes to the Board for a Certificate of Appropriate-
ness for demolition, that that certificate will be granted
because obviously there will not be owner consent, that the
six month period will be waived because they have already
voluntarily waived six months and at that point in time they
will be able to tear the historic Sears Store down. That is
their decision, you do not have an involuntary ordinance.
We would prefer that you had an involuntary ordinance so
this Commission could make that decision but yours is in
preservation circles a weak ordinance and does just what
Commissioner Plummer wanted, the owner has the right to tear
the building down after the designation process has been
concluded. We were reversed in this scenario with the Sears
Tower because of the fact that the City tried to rezone the
area of the Omni before the preservation ordinance came on
line. And as you will recall, the County set a deadline as
to when the ordinance would come on line amongst ai). cities.
You met that deadline and you did adopt your ordinance and
then the Sears Tower became subject to that ordinance which
is the one before you today. Quite frankly, during the last
six month period Sears could have applied for the demolition
permit. The ordinance has worked its way, has done what the
preservationists wanted it to do to give us the chance to
try to find a buyer who would save and benefit so that the
profit motive of Sears would be satisfied and the preserva-
tion interests of the public of the City of Miami would also
be satisfied. We think it has met that, apparently at this
point in time there is has not been a buyer and they will be
left to your ordinance to apply for a Certificate of Appro-
priateness to tear it down. It is not a lengthy, it is not
a complicated procedure, they have the right to do it.
Enough said.
Mr. Plummer: Mr. Mayor, I move that Item 4, the PAB be
upheld.
Mr. Traurig: May I have an opportunity to finish our case?
Mr. Plummer: I have an opportunity to make a motion.
Mr. Dawkins: I second.
Mayor Ferre: All right, it has been moved and seconded.
Now, under discussion, counselor.
Mr. Traurig: the motion is favorable to our client and I
obviously support it, that the action of the PAB be upheld
which is to deny the application. I would call to your
attention that you ought to support the motion, that the
ordinance, as it presently sits, provides (1) that the Board
merely makes recommendations to this Commission and that the
Planning Advisory Board hears those recommendations and then
makes its recommendation and it's the Planning Advisory
Board recommendation that you are presently considering and
RT 45 1i26i84
not the Historic Conservation Board recommendation. (2)
That the ordinance says that in order to qualify as a his-
toric site you have to find that it is of such significant
character, interest or value as part of the historical,
cultural, archeological, aesthetic or architectural heritage
of the City as to give reason to designate this and I don't
think that they have met that burden of proof and I think
that although you would from time to time ignore the edito-
rials of the Miami Herald, that you ought to consider this
one because on March 17, 1982, and we have been talking
about this then for two years, it said, and I know, Mr.
Carollo, that sometimes you and I agree that those editori-
als may be a bit unfair or biased but I would like you to
listen to this one because it is right on point. It says:
"None of the reasoning that supports the Art Deco District
on Miami Beach applies to the Sears Tower at 1300 Biscayne
Boulevard in Miami. Preservationists want the Miami City
Commission to protect it from destruction but they fail to
pursuade. The Sears Tower is old by Miami standards, dating
from 1929. It too is of an Art Deco design. Being old is
not in itself sufficient to warrant publicly ordered preser-
vation, however, a single structure requires other virtues
to warrant its protection and the Sears Tower lacks them.
If anything genuinely historic ever happened at the Sears
Tower no one has yet documented it. It was never intended
to last for ages, it is not in an architecturally consistent
district and most important, the tower is little more than
an ugly concrete block house. Valuable preservation energy
should not be wasted on it." We urge you to support Mr.
Plummer's motion to support the PAB.
Mr. Dawkins: Mr. Mayor, under discussion, I second the
motion because I wanted to get this over with and what have
you. I am going to be voting with staff recommendations, I
feel that we've got staff, that's what they're there for, so
I will be following staff recommendations.
Mr. Carollo: Bob, I was all ready to vote but now you've
got me thinking.
Mr. Plummer: Hell, I'm withdrawing my motion after hearing
the editorial.
Mr. Ted Baker: Mr. Mayor and honorable Commissioners, my
name is Ted Baker and I am the chairman of the Metropolitan
Dade County Historic Preservation Board and the Board asked
me to come here today to advise you of our support of your
own Heritage Conservation Board's decision requesting desig-
nation of this property. You've heard a lot of things said
today, I think it is important to bear in mind, obviously
with regard to Bob's comments about the Herald that the
building they find themselves ensconced in isn't particular-
ly outstanding and I certainly don't think on the basis of
that that they have any reason to comment upon any other
architecture in our community.
Mr. Plummer: Well, that's their inconsistency.
Mr. Baker: You've heard, and perhaps we'll hear a little
bit more from groups and individuals who for a variety of
reasons hold a keen interest in the preservation of this
land mark and my remarks are quite brief. We are here, we
speak of maturation in Miami. I read an interesting thing
in an article in the paper yesterday in which a travel agent
compared us to Norma Jean Baker waiting to become Marilyn
Monroe and I still think we have a way to go. We also speak
of Internationalism, we want to host world expositions and
fairs, we want the Super Bowl, we all want so much for this
fine place, however, a large part of that maturation, urban-
ity and the sophistication that we want can only grow from a
RT 46 1 /26/84
well rounded and sensitive and historic base. And we are
talking really about societal roots which like grandparents
providing a linkage with the past in families, provide us
with a linkage with the past in our community. I think in
that context it is important to recognize that that partic-
ular structure has played an important role in our community
for many years. I'd like to also point out that there is a
building under construction now called the South Florida
Evaluation and Achievement Center in the City of Miami which
is built on the old property of the FEC Railroad Station and
they preserved the archway of that structure as a sort, of a
rememberance, a marker, perhaps that might be one way to go.
So I don't think that the proponents are saying save this
building, we are asking for a creative solution to the
problem that recognizes what was there and identifies with
the past as has been the case in many other cities. Final-
ly, I think there is one important thing to recognize and
that is that in several instances people have taken such
designation to the Supreme Court of the United States and
the Court has, I believe, repeatedly ruled that designation
is not a taking of private property, that it is in the
interest and the welfare of the community as a whole to be
an appropriate action. So in the context of those things,
our Board would encourage you to consider designation of
this property as has been presented today. Thank you.
Mayor Ferre: Okay. Well, any other statements?
Mr. Blake: Mr. Mayor, I would not cite the editors of the
Miami Herald, but I would cite the people of the City of
Miami in an article responding to a survey that voted three
to one that it is of significant historic character and that
it should be saved. I think the people of this community
speak louder than the editors of the Herald.
Mr. Plummer: You know, let me just put on the record. You
know, if, in fact, this County or this City have a piece of
property that they want to preserve for the people of this
community, i.e, a park, they then go forth through proce-
dures and they condemn or they negotiate and they acquire
that and pay the owner so that the people of this community
can retain. I don't see anything different in that proce-
dure. Yes, you are correct, the Supreme Court has held up
that it is not a taking of the property but emphatically, it
is a taking of a man's rights to do what he wants with his
property. If the Heritage Trust or the County or the City
want to take and do such a designation let them buy it.
Then they can do whatever in the hell they want with it -
whatever they want with it. But don't deny my rights as an
individual who owns a piece of property that I can do or not
do. When you start talking about days on a negotiated sale,
you can make or break a sale. I don't think government has
the right to deny.
Mayor Ferre: We'll vote as soon as Commissioner Perez comes
in. He'll be here any moment now. All right, call the roll
on the motion.
The following motion was introduced by Commission-
er, Plummer who moved its adoption:
MOTION NO. 84-99
A MOTION UPHOLDING THE RECOMMENDATION OF
THE PLANNING ADVISORY BOARD FOR DENIAL
OF AN APPLICATION BY THE PLANNING DE-
PARTMENT WHICH WOULD HAVE APPLIED SEC-
TION 16-13, HC-4, COMMERCIAL AREA HERI-
TAGE CONSERVATION OVERLAY DISTRICT TO
SEARS ROEBUCK & COMPANY LOCATED AT 1300
BISCAYNE BOULEVARD.
RT 47 1/26/84
Upon being seconded by Commissioner Dawkins, the motion
was passed and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Vice -Mayor Demetrio Perez
NOES: Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
ABSENT: None.
ON ROLL CALL:
Mayor Ferre: I vote no, and I want to explain my vote so we
understand. I think this is a matter of record dealing with
an issue that is highly emotional and I think there is
confusion. I respect the basic intention of Commissioner
Plummer, my vote only reflects my concern two fold: (1)
that I think we could have worked this thing administrative-
ly through a process which if we had voted on First Reading
they could have gotten permission to demolish in between, we
would have held up the Second Reading until that permit to
demolish would have been granted and it wouldn't have set
the precedent that I think we're setting herein. Secondly,
I voted no because I think that this creates a potential
legal problem that Metropolitan Dade County may now have a
legal right to superimpose their ordinance over our's under
the minimum criteria that they have established. And,
therefore, counselor, to you and to your •clients, if that
were to occur, since the Metropolitan Dade County Ordinance
is more rigid and more stringent than the City's, in ef-
fect, we do violence to the main issue that Commissioner
Plummer is defending. And if that were to occur, then where
we stand, in my opinion, is worse, because then Plummer who
has so far gotten his very important point across with
regards to the question of the right of the owner on demoli-
tion is going to lose and even though we will instruct our
City Attorney to defend our position, under the State Law
I'm afraid that there is a very strong chance that we may
lose. And, therefore, by winning today, J. L., we may lose
in the long run.
Mr. Dawkins: Mr. Mayor, I would also like to say that in no
way does this change my position that in America if you own
property you should not have the right, as Commissioner
Plummer said, to do with it what you want. It is yours,
your purchased it and you should be able to do what you want
with it. but by the same token, we cannot, in my opinion,
sit here and create Boards - this is just my opinion - and
have these Boards come before us after they have volunteered
their time, sat down and made recommendations. What I would
like to say to us is that when we create these Boards, if
they come back and we don't like their decisions then I say
let's abolish them. That's my opinion. I'm just stating my
opinion.
Mayor Ferre: I understand, Miller, but I think the point
that I want to make on that is that a lot of times the
Zoning Board recommends things and you and I have voted
differently against, but that doesn't mean we're going to
abolish the Zoning Board.
Mr. Dawkins: I say I have no problem with abolishing them
and starting over.
Mr. Plummer: Let me go on the record. First of all, my
motion today doesn't necessarily reflect my feeling towards
Sears. As I said, Sears had the right some time ago, they
could have come in, they could have applied, they could have
RT 48 1/26/84
gotten a permit and they could have torn it down. My opin-
ion of the purpose that this Board serves, and I would hope,
at least it was my understanding, that if, in fact, a prop-
erty owner wanted to be so designated, he would have to go
before this Board and to justify that he meets the criteria
as Mr. Blake did with his building. It was to his advan-
tage. He got special breaks, there was a reason for it and
I'm thankful for it. It is a beautiful building. He had
the money to restore. All I'm saying to you is that it is
the right of an owner and I would hope that this Board would
be a determining Board - yes, it meets the criteria or no,
it doesn't. That's what it seems like to me the service of
this Board would be. And I reserve the right to meet with
this gentleman as he has requested and banty this about.
Mr. Blake: Thank you. I'm going to have to go back to my
Board and I would like some direction on what I should tell
these volunteers that meet in these chambers at a minimum of
6 or 7 hours in the afternoon. What should I tell them?
Mr. Plummer: You tell them that we're going to have further
discussion.
Mr. Blake: That our ordinance is invalid?
Mr. Plummer: I don't think that is the case. I think this
Commission reserves unto itself to make the final decision.
Mr. Blake: You're going to change the ordinance again or
how are we going to face this?
Mr. Plummer: No, sir, this Board will reserve its right
unto itself to make the final decision. We have done such
today. It doesn't preclude that we could agree with you in
the future.
Mr. Blake: But there is no mertion that the criteria the
Board selected that you appointed, that we violated it.
Mr. Plummer: No, sir, the point is....
Mayor Ferre: Look, excuse me. Since we have people that
have driven all the way from Naples, they cannot be here
beyond this, our rule is that we break up at noon, I'm
imposing on Commissioner Carollo to stay for 30 seconds
more, I don't know whether Item 8 is a controversial item or
not.
21. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
2900-2950 S.W. 32 AVE. & 2901-2930 S.W. 32 AVE. FROM RO-
2.1/4 TO CR-2/4.
Mayor Ferre: Item #8. This is a First Reading. The appli-
cant is Frank, Hirsch & Leonard Solomon & Standard Oil and
this is a petition, the Planning Department recommended
approval, the Planning Advisory Board recommended approval
and there was one mail reply against. Are there any oppo-
nents to Item 8? Is there anybody here in opposition to
Item 8?
Mr. Plummer: Let's get on the record who is representing?
Mayor Ferre: Mr. Du Breuill, step forward, please. The
owner are here, I.assume? Would you come up?
RT 49 1/26/84
Mr. George Du Breuill: For the record, my name is George Du
Breuill. I live at 600 Biltmore Way.
Mayor Ferre: Let's hear from the representative of the
owners.
Mr. Arthur Davis: My name is Arthur Davis, I represent the
owners of the property.
Mayor Ferre: All right, Mr. Davis. Is there any opposition
to this on the part of the administration or members of the
public?
Mr. Richard Whipple: No, sir.
Mayor Ferre: All right, is there a motion on Item 8?
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 9500, THE ZONING ORDI-
NANCE OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 2900-2950 S.W. 32ND AVENUE
(MCDONALD STREET), AND 2901-2935 S.W.
32ND AVENUE (MCDONALD STREET), MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED
HEREIN) FROM RO-2.1/4 RESIDENTIAL OFFICE
TO CR-2/4 COMMERCIAL RESIDENTIAL (COMMU-
NITY); MAKING FINDINGS; AND BY' MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 42
OF SAID ZONING ATLAS MADE A PART OF
ORDINANCE NO. 95002 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300
THEREOF; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by
Commissioner Plummer and was passed on its first reading by
title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
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.
THE CITY COMMISSION RECESSED FOR LUNCH AT 12:20 P.M.
AND RECONVENED AT 2:25 P.M.
22. COMMEND REPRESENTATIVE BARRY KUTUN UPON HIS SELECTION AS
"MAN OF THE YEAR" BY THE POLICE ATHLETIC LEAGUE.
Mayor Ferre: Commissioner Plummer moves and Commissioner
Carollo seconds a commendation to Representative Barry Kutun
who has just been designated man of the year by the Florida
State Police Athletic League and the Commission in commend-
ing Representative Kutun for the reception of the Man of the
Year Award by the Florida State Police Athletic League, wish
9
RT 50 1/26/84
to commend him for his outstanding leadership during the
past decade for matters concerning youth, law enforcement,
education and economic development and would designate
Commissioner Carollo as the City's representative to honor
Representative Kutun.
Mr. Plummer: So move.
The following motion was introduced by Commission-
er Plummer, who moved its adoption:
MOTION NO. 84-100
A MOTION COMMENDING REPRESENTATIVE BARRY
KUTUN UPON HIS DESIGNATION BY THE FLORI-
DA POLICE ATHLETIC LEAGUE AS "MAN OF THE
YEAR"; FURTHER DESIGNATING COMMISSIONER
JOE CAROLLO AS THE COMMISSION'S REPRE-
SENTATIVE TO ATTEND THE EVENT OF OFFI-
CIAL PRESENTATION OF THE AWARD.
Upon being seconded by Commissioner Carollo, the motion
was passed and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Demetrio Perez
23. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
2524-34-42-46 S.W. 6TH STREET FROM RS-2/2 TO RO-3/6.
Mayor Ferre: We're on Item 5. Are there any opponents
present? Does anybody wish to speak to this issue?
Mr. Plummer: Are you the counsel? For the record, would
you state your name and address?
Mr. Richard Prisenino: Richard Prisenino, 1040 S.W. 27th
Avenue. I'm counsel for the applicants as well as being one
of the applicants.
Mr. Plummer: Do you herein stipulate that all matters in
this application are true and correct to the best of your
knowledge?
Mr. Prisenino: Yes, sir.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 9500, THE ZONING ORDI-
NANCE OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 2524-34-42-46 SOUTHWEST
6TH STREET, MIAMI, FLORIDA, (MORE PAR-
TICULARLY DESCRIBED HEREIN) FROM RS-2/2
ONE FAMILY DETACHED RESIDENTIAL TO RO-
3/6 RESIDENTIAL OFFICE, BY MAKING FIND-
INGS; AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 34 OF SAID ZONING
ATLAS MADE A PART OF ORDINANCE NO. 9500
RT 51 1/26/84
_0
I
BY REFERENCE AND DESCRIPTION IN ARTICLE
3, SECTION 3009 THEREOF; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by
Commissioner Dawkins and was passed on its first reading by
title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
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.
24. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
5600-5650 N.M. 6TH STREET FROM CG-1/7 TO RG-2/4.
Mayor Ferre: Item 6, is there anybody here that wishes to
speak against this? Are there any citizens here who wish to
speak against Item 6?
Mr. Plummer: Tell us what you are planning to put in there,
sir. For the record, your name and address.
Mr. Simon Ferro: My name is Simon Ferro, I am the attorney
for applicants with offices at 1235 S.W. 87th Avenue. They
plan to construct the same kind of apartment housing that is
immediately to the south of that property. that property
is presently zoned commercial, just as the blue square is
which is a store. It is fabulous Diamonds and they have
seen that it is not feasible to develop to develop that as a
commercial piece and right behind there is constructed
several apartment buildings and we are requesting the same
kind of zoning classification they have to construct the
same kind of building.
Mr. Plummer: Who are the owners of record?
Mr. Ferro: The owners of record is a partnership called
Fabulous Partnership.
Mr. Plummer: Who are they?
Mr. Ferro: Simon Ferro, my father, not myself, there are
about seven of them, Manuel Arturo Menore, Eloisa Ferro,
Amparo Ferro, Angel M. Ferro, it is basically the Ferro
family.
Mayor Ferre: Let me for the record say that there is a
difference between an o and an a and I have no conflict.
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 9500, THE ZONING ORDI-
NANCE OF THE CITY OF MIAMI, BY CHANGING
THE ZONING CLASSIFICATION OF APPROXI-
MATELY 5600-5650 NORTHWEST 6TH STREET,
RT
52
1/26/84
MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM C-1/7 (GENERAL
COMMERCIAL) TO RG-2/4 (GENERAL RESIDEN-
TIAL), BY MAKING FINDINGS, AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 31
OF SAID ZONING ATLAS MADE A PART OF
ORDINANCE NO. 95009 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 3009
THEREOF; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by
Commissioner Dawkins and was passed on its first reading by
title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
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.
NOTE FOR THE RECORD: BRIEF DISCUSSION ON A POSSIBLE MOTION
TO RECONSIDER ITEM NO. 31, WHICH WAS ALREADY PASSED: (See
later same meeting).
25. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
2784 S.W. 7TH STREET, A & A GLASS A MIRROR, INC. FROM
CG-1/7 TO CR-3/7.
Mayor Ferre: Item #9.
Mr. Richard Whipple: The Department is the applicant, this
is a corrective measure taking an action of this Commission
under 6871 and translating it into Ordinance No. 9500.
Mr. Plummer: This was after a public hearing?
Mr. Whipple: Yes, sir.
Mr. Plummer: There were no objectors?
Mr. Whipple: No, sir.
Mr. Plummer: No one in favor?
Mr. Whipple: Yes, the applicant was.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 95009 THE ZONING ORDI-
NANCE OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 2784 SOUTHWEST 7TH STREET,
MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM CG-1/7 GENERAL
COMMERCIAL TO CR-3/7 COMMERCIAL RESIDEN-
TIAL (GENERAL); MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE
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NO. 33 OF SAID ZONING ATLAS MADE A PART
OF ORDINANCE NO. 95009 BY REFERENCE AND
DESCRIPTION IN ARTICLE 39 SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by
Commissioner Dawkins and was passed on its first reading by
title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
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.
26. FIRST READING ORDINANCE: APPLY SECTION 1610-HC-1:
GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO
THE "WILLIAM WAGNER HOUSE" LOCATED AT 404 N.Y. 3RD
STREET. (PARK)
Mayor Ferre: Take up Item 10.
Mr. Plummer: Is the owner present?
Mr. Gary: The City is the owner.
Mayor Ferre: Margaret Johansen and Dade Heritage Trust. Do
you hold any stock in Sears Roebuck Company?
Mr. Plummer: Where is Margaret Johansen? Who is Margaret
Johansen? Is there a Margaret Johansen?
Ms. Joyce Meyers: Commissioner Plummer, Margaret Johansen
is President of the DAR, that is an error, that should be
for the next item.
Mr. Plummer: I move that this item be deferred and correct-
ed.
Mayor Ferre: Wait a minute, J. L., just because she is a
member of the DAR?
Ms. Meyers: Margaret Johansen is the President of the DAR.
Mr. Plummer: So? It says here she is the owner.
Ms. Meyers: That is a mistake.
Mr. Plummer: So I'm saying defer it and correct it. It is
improperly advertised.
Mr. Gary: No, it wasn't advertised that way. That's the
information for you.
Mr. Garcia -Pedrosa: It is advertised by title only, Commis-
sioner Plummer.
Mr. Plummer: Who is the owner?
RT 54 1/26/84
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Ms. Meyers: The City of Miami.
Mayor Ferre: The City of Miami, it is Lummus Park.
Mr. Plummer: Are you talking about that run-down shack that
is in Lummus Park that is in disrepair and looks like hell?
Mayor Ferre: That's right.
Mr. Plummer: And you want me to approve anything for that
besides demolition?
Mayor Ferre: They want to fix it up.
Mr. Plummer: Where is the money coming from?
Mr. Paul Thompson: My name is Paul Thompson, I'm the execu-
tive director of Dade Heritage Trust and we are the lessor
of that property on which the house sits. We own the house.
Mr. Plummer: You own the house or we own the house?
Mr. Thompson: You own the property but we own the house, we
pay you an exorbitant sum to rent it.
Mr. Plummer: Yes, I'll bet. How much is that exorbitant?
Mr. Thompson: It is about a dollar and five cents, I be-
lieve.
Mr. Plummer: Is that for a century or a year?
Mr. Thompson: It is per year, duly paid.
Mayor Ferre: Are you going to fix it up?
Mr. Thompson: The house has been reconstructed. It is not
in disrepair, it is in perfect condition, as a matter of
fact. It awaits a couple of verandas which is only money,
which we will raise. We have duly expended, as you well
know, a number of dollars of City of Miami OCED funds to
bring it to this state where it is. It has a storm fence
around it now as everyone knows, which we agree is an eye-
sore but I will tell you in speaking with the Chief of the
Fire Department that is all we can do to protect that house
from going up in flames. It is a security measure entirely.
Mr. Plummer: Well, if you talk to the area residents - when
they're sober.
Mr. Gary: Mr. Mayor, as a lover of history like Commission-
er Plummer who has a very ancient funeral home on Flagler
Street, I also have an ancient home in the City of Miami...
Mr. Plummer: It's not ancient, it just looks that way.
Brooks Brothers wouldn't take the credit card for paint.
Mr. Gary: Mr. Mayor, first of all I kind of have some
reservations about whether it is still a historical building
do to the fact that we have redone the whole building over
but more importantly, that building has been sitting in a
very run down area, it has not been maintained properly, it
was an eyesore, it is not as much now, the security in it is
not that good, I would suggest that we pass this but I would
also suggest that we put a time constraint on redoing this
building. That building has been sitting over there over
two or three years, it is not in good condition, I think we
ought to put a time constraint to make people comply and get
it done.
RT 55 1/26/84
Mayor Ferre: Mr. Manager, this is on First Reading, on the
Second Reading, somehow, would you see that there is an
appropriate clause to that effect, to insert it?
Mr. Plummer: Maurice, let me just ask really a crazy ques-
tion. Do we want to spend, or do you want to raise the
money to something you've got to keep a fence around?
Mr. Thompson: Well, the plan is not to have to keep a fence
around it...
Mr. Plummer: Well, then you're going to have to put a
policeman.
Mr. Thompson: Well, this may be a consideration in the
future. If it is properly utilized, since it is not cur-
rently utilized this is a problem. We're trying to work
HT
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Mr. Thompson: ... not only the physicalness of it out, but the
program use of it, which is not a sometime thing. It can't happen
over night.
Mr. Plummer: Well, I will tell you what, sir. I'm going to do you
a favor. I'm going to move it on first reading. Mr. Gary,...
Mayor Ferre: A great shelter for drunks.
Mr. Plummer: Yes, I know. Not even good for shuffle Board. Between
now and the second reading you are not going to get an approval
of seconding unless I have a complete cost factor of what has been
expended by this City to date.
Mr. Gary: I think you want more than that.
Mayor Ferre: And what will be expended.
Mr. Gary: Exactly. And what they plan to do in the future, too.
Mayor Ferre: Plummer moves on first reading with the stipulation that
on second he may vote against it and I will be guided by his wisdom
on this particular issue. And only limited to this particular issue.
Mv. Plummer: Watch your mouth.
Mayor Ferre: And limited only...
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Further discussion?
Mr. Gary: Undur discussion Mr. Mayor. The comment just made by
Commissioner Plummer about having to have a fence around the police,
I would like to highlight that on the record for... bring up during
the Japanese Garden discussion.
Mr. Dawkins: You don't know how to quit when you are winning do you?
Mr. Gary: No.
Mr. Plummer: Would you get a bigger picture for the garden.
Mayor Ferre: There is a motion and a second, further discussion, 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
"WILLIAM WAGNER HOUSE", LOCATED IN LUMMUS
PARK AT APPROXIMATELY 404 NORTHWEST 3RD
STREET, (MORE PARTICULARLY DESCIRBED HEREIN);
MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 36 OF THE
ZONING ATLAS MADE A PART OF SAID ORDINANCE
NO. 9500, BY REFERENCE AND DESCRIPTION IN
ARTICLE 3, SECTION 300, THEREOF; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Demetrio Perez, Jr.
57 1/26/84
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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.
27. FIRST READING ORDINANCE: APPLY SECTION 1601-HC-1 GENERAL USE
HEREITAGE CONSERVATION OVERLAY DISTRICT TO "FORT DALLAS"
LOCATED AT 404 NW 3rd STREET (PARK)
Mayor Ferre: Alright, we will take up Item 11 which I think is non-
controversial and if Perez is not here by then, we will then proceed
with the presentations.
Mr. Dawkins: Move 11.
Mayor Ferre: Alright, this has been unanimously approved by all the
boards and department and what have you. Is there a second to Item
11 on first reading?
Mr. Plummer: Second.
Mayor Ferre: Plummer seconds, further discussion, read the ordinance.
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
"FORT DALLAS (A.K.A. WILLIAM ENGLISH
PLANTATION)" LOCATED IN LUMMUS PARK AT
APPROXIMATELY 404 NORTHWEST 3RD STREET (MORE
PARTICULARLY DESCRIBED HEREIN), MAKING
FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 36 OF THE ZONING ATLAS
MADE A PART OF SAID ORDINANCE NO. 9500 BY
REFERENCE AND DESCRIPTION IN ARTICLE 3,
SECTION 300, THEREOF; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: 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.
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28. PROCLAMATIONS, PLAQUES AND SPECIAL ITEMS.
Proclamation: Declaring February, 1984 as American History Month.
Presented Presented to Mrs. Martha Fabing, Regent of the John
McDonald Chapter. Also present, Mrs. Hilda Dobrzanski
and Mrs. Margaret Bartlett.
Proclamation:
Presented Proclaiming January 26 as La Salle High School
Football Team Day. Presented to Coach Emilio
Caballero and Athletic Director Jorge Diepa.
Certificates of
Appreciation: To Coach Emilio Caballero and athletic Director
Presented Jorge Diepa, of La Salle High School.
Certificates of To the members of the La Salle High School Football
Appreciation: Team.
29. AUTHORIZE STREET CLOSURE OF PORTION OF NE 2nd CT. BETWEEN NE
22ND AND 23RD, PUBLIC ALLEYS LOCATED IN THE BLOCKS BOUNDED BY
NW 22ND AND 23RD STREET, BISCAYNE BLVD. AND NE 2ND AVENUE re
TENTATIVE PLAT: 1200 B - "TERRANOVA BISCAYNE".
----------------------------------------------------------
Mayor Ferre: Now, we move along to Item #12, which is a street closure.
This item was approved by the department, unanimously approved by the
Zoning Board. There were people who were in favor of a route. There
were two opponents. Are there any opponents present? Does anybody
here which to oppose this matter? This Item 127 Is the applicant
present? Counselor. Yes, sir.
Mr. Robert H. Traurig: Robert H. Traurig, 1401 Brickell Avenue. We
urge that you support the staff recommendations, sir.
Mayor Ferre: Alright, sir. Now, Mr. Plummer, you want to ask any
questions?
Mr. Plummer: What are you proposing to put there? I see the Hyatt
Corporation. That's what's triggering my question.
Mr. Traurig: Well, the Hyatt Corporation is associated with Rollin
International, Jerry Robins and Joel Freedland and they own this property
together. This is not for the purpose of building a hotel. It's not
zoned for a hotel, but it is for the purpose of consolidating those
two parcels so that the alleys won't intervene, so that they can build
an office building on that site.
Mr. Plummer: I move Item 12.
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? You want to get some trees out of
them or something?
Mr. Plummer: Oh, yes. Mr. Traurig.
Mr. Traurig: Yes, sir and we also meant to offer as many black olive
trees as the City would like in connection with this.
Mayor Ferre: Hey, Plummer, get something other than the black olive
trees.
Mr. Plummer: Well., let's just get trees. You know, I'm getting...
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59 1/26/84
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Mr. Gary: Commissioner Plummer.
Mr. Plummer: Yes.
Mr. Gary: May I suggest Florida pine?
Mr. Plummer: That's fine with me, sir.
Mayor Ferre: Florida pine?
Mr. Plummer: You can suggest whatever you want. Can you make a dollar
figure Mr. Traurig?
Mr. Traurig: I would like to suggest that when we finalize this that
we work it out with staff. We are amenable to providing some landscaping
for either the immediate area or any other area of the City which is
appropriate.
Mr. Plummer: Commissioner Dawkins has a thought.
Mr. Dawkins: Mr. Gary, please explain to everybody, we got enough
olive trees in Miami. Get another brand of tree here, please. Could
you do that for me?
Mr. Plummer: Are there green olive trees?
Mayor Ferre: You see what happened was that before Plummer was
enlighten he thought that black olives had some very special
significance of the Black community.
Mr. Dawkins: Oh, and he was trying to get the Black vote. Well, it
doesn't... you forget that now.
Mr. Plummer: The election is over.
Mayor Ferre: Now, this is before you were enlighten. I said you are
an enlightened man now. This is before you were enlighten.
Mr. Plummer: Mr. Traurig, could we increase that, sir, to the trees
and one wide angle lens?
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: I think I recall a conversation with Mr. Traurig, instead of
giving the black olives, I think he said he was going to adopted a park
and do some landscaping. I think I heard him say that.
Mr. Traurig: I think that this group of people would be very happy to
provide some appropriate landscaping for a City park unrelated to this.
They are very charitable people and I would be happy to meet with you
and try to work out a work program for that.
Mayor Ferre: Yes, but I want you to watch how this happens now.
Mr. Plummer: I think that's a very good idea and I have no hesitation
or reservation to move this item, because I know Mr. Traurig will be
back in the future.
Mr. Carollo: Why don't we put a limit on that so that we are sure that
the Manager will agree to a workable solution in the future.
Mr. Plummer: A maximum or a minimum?
Mr. Gary: Minimum.
Mayor Ferre: Well, we will leave it in the Manager's hands.
Mr. Plummer: We will leave it in the Manager's hands.
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Mr. Traurig: Well., if the maximum is too high I want to come back here and
discuss it.
Mr. Carollo: That's why I suggested that.
Mr. Traurig: But I think the Manager is going to be reasonable.
Mr. Plummer: I'm sure he is.
Mayor Ferre: Alright, we now have a motion by Mr. Plummer on Item 12
with the stipulation that the kind offer voluntarily proffered by the
owners be worked out with the Manager, seconded by Carollo, further
discussion, call the roll on Item 12.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 84-101
A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING
THE PUBLIC USE OF THAT PORTION OF NORTHEAST 2ND COURT LYING
SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF NORTHEAST 22ND
STREET FOR A DISTANCE OF + 319.94'. AND THOSE PUBLIC ALLEYS
LOCATED IN THE BLOCK BOUNDED BY NORTHEAST 22 AND 23 STREETS
AND BISCAYNE BOULEVARD AND NORTHEAST 2ND AVENUE, ALL AS A
CONDITION OF APPROVAL OF TENTATIVE PLAT #1200-B "TERRANOVA
BISCAYNE".
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetcls. Perez, Jr.
FURTHER DISCUSSION:
Mr. Plummer: Mr. Manager, I would like to get a report back at the next
meeting, sir. In all honesty we hav3 been doing this now for some time
and I have never seen an accounting nor do I know where these trees are
being placed. I think we should know as a Commission that we have
been responsible for ten thousand trees and the areas that they have
been placed or whatever the figures are, but I think this Commission
should realize how significant this has been to this city in the past
two years.
Mr. Gary: Good point.
30. AUTHORIZE STREET CLOSURE PORTION OF SE 4 STREET LYING NE OF EAST
RIGHT-OF-WAY LINE OF SOUTH MIAMI AVENUE re TENTATIVE PLAT #1223
"RIVERFRONT CENTER".
Mayor Ferre: We are now on Item #13, Armando Cordina owners of Steve
Moss. Jose Mallorga and Armando Cordina as Trustee. Is the applicant
here? Alright, now, this has been recommended by the department. The
Zoning Board recommends unanimous. The proponents present at the
meeting were five. There were no opponents. Are there any opponents
present? Xlright,...
Mr. Carollo: So move.
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Mayor Ferre: No, wait a moment. Mr. Bush, identify yourself.
Mr. Jeff Bush: My name is Jeff Bush. I have offices at one Southeast
15th Road. I'm here representing the owners of the property and this is
part of a larger process that we have been undertaking as part of...
that's conditioned upon the replat.
Mayor Ferre: Now, Mr. Bush, are you making any recommendations on
behalf of the owners on... Do you like black olive trees or what kind
of trees do you like?
Mr. Plummer: What's your favorite?
Mr. Bush: Mr. Mayor, I would like to learn a lot more about the process
and I would love to talk to the City Manager and understand it.
Mr. Plummer: You will.
Mayor Ferre: Alright. Mr. Carollo moves and Mr. Plummer seconds that
we approve this subject to the Manager's discussion and the kind offer
of the owners of donating some trees for parks in the community.
Mr. Plummer: Jeff, turn around you can speak to an expert. He has
been through this before.
Mr. Bush: I think it would be cheaper to talk to the City Manager.
Mr. Carollo: Besides he is color blind anyway, right, Howard?
Mr. Plummer: I second the motion, of course, for that kind offer.
Mayor Ferre: Is there further discussion on this street closure?
Alright, call the roll.
nW ROT.T. CAT.T.
Mr. Plummer: The donation, of course, is in direct portion to the
square footage that is acquired by the owners and the price therein
contained. Yes.
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 84-102
A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING
THE PUBLIC USE OF SOUTHEAST 4TH STREET LYING NORTHEAST OF THE
EAST RIGHT OF WAY LINE OF SOUTH MIAMI AVENUE FOR A DISTANCE OF
+ 252 FEET, AND ALSO VACATING AND RELEASING ANY RIGHTS THE
CITY OF MIAMI MAY HAVE TO PORTIONS OF SOUTHEAST 4TH STREET
PURSUANT TO THE LEASE RECORDED IN DEED BOOK 940, AT PAGE 555,
OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SUBJECT TO
THE CONDITION THAT SOUTHEAST 4TH STREET REMAIN OPEN PURSUANT
TO A TEMPORARY EASEMENT UNTIL EITHER THE RELOCATION OF SOUTHEAST
4TH STREET IS COMPLETED, OR A TEMPORARY ROADWAY AND EASEMENT
AT THE NORTHERLY END OF THE PROPERTY IS ESTABLISHED AND
APPROVED BY THE CITY PENDING THE COMPLETION OF THE RELOCATION
OF SOUTHEAST 4TH STREET, ALL AS A CONDITION OF APPROVAL OF
TENThTIVE PLAT #1223 "RIVERFRONT CENTER".
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
62 1/26/84
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31. AGREEING TO ACCEPT PLAT AT FEBRUARY 9TH MEETING IN CONNECTION WITH
RIGHT-OF-WAY FOR THE NEW MIM11 AVENUE BRIDGE; FURTHER QUESTIONING
STATE OFFICIALS AS TO AN OFFICIAL COMPLETION DATE OF BRIDGE, AND
PROGRESS _BEING-MADE-ON-THE-DUPONT-PLAZA-BIFURCATED-RAMP-SYSTEM.
Mr. Bush: Mr. Mayor, there is one other thing.
Mayor Ferre: Oh, yes.
Mr. Bush: Carole Fortham from the State of Florida would like to make
a comment about this.
Mayor Ferre: Oh, yes, fine.
Ms. Carole Fortham:Thank you. The only request we would have at
this time as Mr. Bush point out this is tied also to the replat of the
property which will amount to...
Mayor Ferre: To the what? I can't hear you.
Ms. Carole Frotham: To the replat of the property which will give
us a dedication of right-of-way for the Miami Avenue Bridge and we
would like to... the only reason the replat is not on the agenda today
is some technical details that we expect to be completed rather quickly
and we would like the the Commission to if they would consider the
replat at the February 9th meeting even though it is not a planning...
Mayor Ferre: While we have you here may be you can bring us or in
February bring some of your associates to bring us up to date as to
what year you think that that Miami Bridge is finally going to be
built.
Ms. rjr le Fortham: Well, as luck would have it I have Mr.
Goodkniggt here our aistrict engineer. If he would like to speak to that.
Mayor Ferre: Well, I didn't want to put him on the spot. I thought
perhaps you might want to answer it for him, but you are certainly
welcome. Tell us about our bridge.
Mr. Goodknight: Mr. Mayor, we have begun with the first construction
contract which will involve construction of the bridge portions in the
River. We received bids in July 1983, contractors ordered the
machinery, steel and that sort of thing and we expect by the end of
this month that he would be ready to start operations in the field.
That we expected would be the pacing item in opening the bridge expect
still about mid 1985 to be the timetable of when the structure would
be complete and we still are working on the right-of-way acquisition
for the approaches and this plat process is a part of that process and
this one parcel is all that remains.
Mayor Ferre: Let me just put it to you this way. When will the first
aitomobile drive across that bridge?
Mr. Goodknight: In the Summer of 1985, Mr. Mayor, assuming that we
are able to conclude this right-of-way matter.
Mayor Ferre: So, you feel fairly confident that by 1985 this bridge
that was going to be built in 1980 will be finished?
Mr. Goodknight: I feel quite confident that by mid 1985 we will be able
to drive across the structure, presuming we can finish the right-of-way.
Mayor Ferre: Well, while we have you here perhaps we can impose a little
bit Mr. Manager and ask how the spaghetti on Dupont Plaza is coming
along. How the design on the spaghetti is coming along.
Mr. Goodknight: Mr. Mayor, that's continuing to move pretty deliberately
and according to plan pursuant to other contract...
Mayor Ferre: Has the plan changed any on the question of the grade of
coming to second or...
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Mr. Goodknight: No, changes at this point. I received a call from
Mr. Gould as late as the last week or two with questions and we are
expecting to meet with him shortly, but we are proceeding with the
plan as approved by the Technical Committee.
Mayor Ferre: I'm sure you have. Are the design drawings going to be
completed this year?
Mr. Goodknight: Certainly this calendar year and I would expect them
before the end of the calendar year.
Mayor Ferre: And when will the first letting occur?
Mr. Goodknight: That is controlled by our ability to conclude our
right-of-way negotiations with Mr. Gould.
Mayor Ferre: Assuming that that is done, when would the...
Mr. Goodknight: Then I would expect that we could be ready to go to
contract within about a year.
Mayor Ferre: And assuming all these things occur, that Gould cooperates
and you get the right-of-way and the drawings are made and all of that
and you let the contract next year, when will the first car go down
that ramp?
Mr. Goodknight: I think...
Mayor Ferre: Or motorcycle because it might be Plummer.
Mr. Goodknight: That project, of course, is pretty complex and we
will be going over parts of it during the construction. As best I
recall that process would require about three years. I would judge
that it would be three to four years from now before can expect that
whole complex of construction to be completed on the bifurcated ramps.
Mayor Ferre: Ok, I don't have any further questions. It's not often
when we have the good fortune of having you here so we can ask you
questions.
Mr. Goodknight: Thank you, Mr. Mayor, we appreciate the chance to be
here.
Mayor Ferre: Anybody else have any questions? Thank you.
Mr. Goodknight: Thank you.
Mr. Gary: February 9th, are you agreeing, plat?
Mayor Ferre: What?
Mr. Gary: February 9th the plat.
Mayor Ferre: We need a motion for that?
Mr. Bush: The State requested that you hear the acceptance of the
plat on February 9th.
Mayor Ferre: Do you need a motion for that is that question?
Mr. Bush: Yes, sir.
Mayor Ferre: Plummer moves, Dawkins seconds, further discussion, call
the roll.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 84-103
A MOTION AGREEING TO ACCEPT A PLAT AT THE FEBRUARY
9TH MEETING IN CONNECTION WITH THE RIGHT-OF-WAY FOR THE
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NEW MIAMI AVENUE BRIDGE BEING PLANNED FOR CONSTRUCTION
OVER THE MIAMI RIVER PURSUANT TO REQUEST MADE BY
REPRESENTATIVES OF THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner
Commissioner
Commissioner
Mayor Maurice
Miller J. Dawkins
J. L. Plummer, Jr.
Joe Carollo
A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
32. GRANT EXTENSION OF TIME FOR CONDITIONAL USE TO PERMIT EXPANSION
OF EXISTING CEMETERY LOCATED AT 245-299 NW 55TH CT.
Mayor Ferre: We are now on 14 which is the Gary Held, Esquire memorial.
Now, that has nothing to do with you does it?
Mr. Plummer: Let me put on the record Mr. City Attorney, I don't think
I have any conflict, but if I do I, of course, will recluse myself.
This is a cemetery. I have no monetary consideration. I don't know
in anyway that it would benefit me by voting on this and as far as
I'm concerned my independent judgement is that what it's called -would not
be impaired. Yet inspite of all of that if you think it's better
that I don't vote on it, then I will abide by your decision.
Mayor Ferre: Well, Plummer, let me put it to you this way unless you
vote on it it may be a dead issue.
Mr. Garcia -Pedrosa: Commissioner Plummer, I don't see any reason why
you should recuse yourself based on the statement that you have made.
Mayor Ferre: Alright, let's go. Now, the Planning Department approved
the extension. The Zoning Board granted it five to zero with one
abstention. Alright, are there any objectors present? Does anybody
wish to address the Commission on this issue. Is there a representative
of Gary Held, Esquire, Memorials, Inc and Ethel Jane McDonnell & Carolyn
Jane Brown?
Mr. Robert H. Traurig: Yes, sir, Robert H. Traurig, 1401 Brickell
Avenue.
Mayor Ferre: Alright, further discussion?
Mr. Plummer: I think the obvious question is why do you need the extension?
Mr. Traurig: The conditional use was granted recently in order to
expand the cemetery into those five lots that you see in yellow up in
the Northwest corner. As a part of the process we worked out with the
people from the Flagler Elementary school and other neighbors of the
property a new entryway into the cemetery and some new street improvements
on Flagler Street to ameliorate the traffic conditions. We would like
to do all the construction simultaneously. We don't want to start
construction in that Northwest corner and then come back to Flagler
Street. So, therefore, we haven't although we have worked on working
drawings and we have been talking to contractors, we haven't really
been able to finalize and draw permits to get started on that work. So,
therefore, we would appreciate the extension in time so that we can
consolidate and unify the work.
Mayor Ferre: Further discussion? Is there a motion?
Mr. Carollo: So move.
gl 65 1/26/84
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Mr. Plummer: Second.
Mayor Ferre: It's been moved and seconded, further discussion? Call
the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 84-104
A RESOLUTION GRANTING A ONE-YEAR EXTENSION OF A CONDITIONAL
USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE V SECTION 1(6)
(e) TO PERMIT THE EXPANSION OF THE EXISTING CEMETERY
(FLAGLER MEMORIAL PARK) AT 5301 WEST FLAGLER STREET TO
INCLUDE APPROXIMATELY 245-299 NORTHWEST 55TH COURT, :.LSO
DESCRIBED AS LOTS 1 THROUGH 5 INCLUSIVE, BLOCK 2, FLAGLER
MANOR (12-28), AS PER PLANS ON FILE, SUBJECT TO: HERITAGE
CONSERVATION BOARD REVIEW AND APPROVAL, AND THE CONDITIONS
IMPOSED BY HERITAGE CONSERVATION BOARD BY RESOLUTION HC
83-18 ON APRIL 26, 1983; THE RECOMMENDATIONS OF THE TRAFFIC
STUDY AS PRESENTED AT HEARING; THE COVENANT PRESENTED AT THE
HEARING THAT NO CONSTRUCTION SHALL OCCUR ABOVE GROUND; AND
LANDSCAPE APPROVAL BY THE PLANNING DEPARTMENT; ZONED R-2
(TWO FAMILY DWELLING).
(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 J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Demetrio Perez, Jr.
33. PERSONAL APPEARANCE: MR. ARMANDO ALEJANDRE, LATIN CHAMBER OF
COMMERCE, TO EXPRESS SUPPORT FOR THE ISSUANCE OF BONDS FOR THE
ORANGE BOWL IMPROVEMENTS.
---------------------------------------------------------------------
Mr. Plummer: Mr. Mayor, if I may. Mr. Alejandre is here representing
CAMOCOL in making a presentation and he has to leave and he would like
to get on the record. The CAMOCOL support of the Orange Bowl bond and
I think he would like to be heard. At least get on the record so he
can leave.
Mayor Ferre: Mr. Alejandre I will recognize you and also we have a
pending matter of the Miami Industrial Home For The Blind which is
pending and even though we were going to... I told Mr. Vidal that we
would take it up at 5 or 5:30, since Mr. Sabines is here I'm sure on
that so that they don't have to wait we will do both things at the
same time. Mr. Alejandre, the Chair recognizes you.
Mr. Armando Alejandre: Honorable Mayor, Honorable Commissioners,
I am here today in representation of the Latin Chamber of Commerce
with over two thousand merchants, members of the institution and we
agreed last night unanimously to send on the March 13th on a special
election for the fifty-five million dollar bonds for the renovation
and the remodeling of the Orange Bowl. We feel like that's a
necessity. That's a real need to keep the Orange Bowl in the center
of Miami where it is right now without any hesitation all of us support
and will fight very hard to be the winners in that election for keeping
the Orange Bowl in the same place. I have say that if we move or
somebody moved the Orange Bowl from there the City of Miami will lose
a lost of jobs. The tourist industry will suffer. Transportation
especially airlines, they will suffer more than they are suffering now.
91 66 1126/84
4 I
ls, restaurants and many, many others. That means we decided to
the fifty-five million dollar bonds for the renovation of the
ge Bowl, of the existing Orange Bowl. Thank you.
DIRECT CITY MANAGER TO ALLOCATED AN AMOUNT NOT TO EXCEED $10,500
FOR THE "INDUSTRIAL HOME FOR THE BLIND".
r Ferre: Alright, Mr. Alejandre, while you are here and we will
,... Mr. Sabines? Where did Mr. Sabines go? Mr. Sabines, while
Chamber of Commerce is here perhaps you might want to address us
he issue of Miami Home For The Blind, Industrial Blind.
Alejandre: Industrial?
Plummer: Industrial Home For The Blind which is...
Alejandre: Well, we support.
r Ferre: No, I know we support.
Alejandre: We are in favor of that.
r Ferre: The problem is that we cut them out of the funding for
ral revenue sharing and I told them to come back today at 5:30
e we are going to be dealing with Saint Albans and as I recall
was ten thousand dollars that they were short. Is there a motion?
Plummer: To fund them?
r Ferre: Yes, to fund them.
Mr. Alejandre: This is ten thousand dollars which is no money at all.
Mr. Plummer: Move it.
Mayor Ferre: See what happen was we made a motiot: previously Joe, to
fund them and then we went through the whole thing and at the last time ---
this is the federal revenue sharing--- they were left out.
Mr. Alejandre: Well, somebody is telling me it's eighteen
thousand, not ten thousand.
Mr. Gary: Hey, what is this? Is this the Orange Bowl?
Mayor Ferre: No.
Mr. Alejandre: Ten thousand. We agree on the ten thousand.
Mayor Ferre: That's what I thought.
Mr. Alejandre: Ten thousand five hundred , I think it is.
Mayor Ferre: Is there a motion?
Mr. Plummer: I move it.
Mayor Ferre: Is there a second?
Mr. Carollo: This is ten thousand five hundred for what? (AT THIS
POINT COMMISSIONER CAROLLO SPEAKS IN SPANISH). Luis why don't you...
I want Luis Sabines to explain to me what they are bringing here.
Mr. Alejandre: What do you want to know Mr. Carollo?
Mr. Carollo: Let Luis here. I want to speak to the most influential
man for Coca Cola.
gl 67 1/26184
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Mr. Alejandre: Sabines will talk to you right there.
Mr. Carollo: No offense Armando. (COMMISSIONER CAROLLO SPEAKS IN
SPANISH) .
Mr. Alejandre: Ten thousand five hundred dollars.
Mr. Sabines: (SPEAKS IN SPANISH).
Mr. Odio: (TRANSLATES FOR MR. SABINES). Commissioner Carollo, please,
this is for the blind. This is... He wants you to reconsider. The
money that I need is to cover the expenses, the rent of the building
of the space he occupies in the Little Havana Community Center. That
they had it for five years and in the first opportunity they took it
away from them. And also part of the money that they need for
transportation of the blind people, in other words, the gasoline, without
that help the Industrial Home For The Blind...
Mayor Ferre: There is a motion....
Mr. Carollo: On the record... no, I just want to know what the Manager
recommends. I am ready to vote. I just want to know what he recommends.
Mr. Gary: Mr. Mayor and members of the Commission, this was one of the
programs that was previously funded, but because of your change in
criteria they dropped out. I'm told by staff that they run a program
that is fairly good.
Mr. Carollo: Ok.. I make the motion for approval.
Mayor Ferre: It has been moved and seconded.
Mr. Plummer: That's fine, I second.
Mayor Ferre: Alright, are we ready to vote on it?
Mr. Plummer: Based on the Manager's very strong recommendation.
Mayor Ferre: Moved by Carollo, seconded by Plummer. Alright, call
the roll.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 84-105
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE AN AMOUNT NOT TO EXCEED $10,500 FOR THE
"INDUSTRIAL HOME FOR THE BLIND".
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Demetrio Perez, Jr.
gl 68 1/26/84
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35. DISCUSSION ITEM: PERSONAL APPEARANCE BY SKIP SHEPPARD, WILLY GORT,
ROSE GORDON AND ERNIE FANNOTTO EXPRESSING SUPPORT FOR THE ISSUANCE
OF BONDS FOR ORANGE BOWL IMPROVEMENTS.
---------------------------------------------
Mr. Dawkins: Mr. Mayor, may I have a pocket item please?
Mayor Ferret You may sir. Wait a minute, I'm sorry. Because Skippy
says he has got to go too. Let him have his say. Alright, Skippy
go ahead.
Mr. Skip Sheppard: Mr. Mayor, City Commissioners, I'm here today as
a property owner and the general manager of the Dupont Plaza Hotel to
notify you that I am highly in favor of the...
Mayor Ferret The proud home of the greatest luncheon club in Miami
now, right.
Mr. Sheppard: Right.
Mayor Ferret What's the name of the club?
Mr. Sheppard: Town Club.
Mayor Ferret The Town Club. Right.
Mr. Sheppard: But wait a second. That's not what I'm here for.
Mayor Ferret You are not here for the Town Club?
Mr. Sheppard: No, no, I'm here to let you know that I'm highly in
favor and I want your support in the renovation of the Orange Bowl
that fifty-five million dollar bond issue. We are very, very much
interested in the Hotel Association as well as all of us in the
Downtown Miami area and I appreciate your interest in it also. Thank
you.
Mayor Ferret Mr. Gort.
Mr. Wilfredo Gort: My name is Wilfredo Gort, 2660 Northwest 14th
Terrace, since we are talking about the Orange Bowl I'm here as a
citizen to say that we are in favor of the bonds of the Orange Bowl,
anything built outside of the City of Miami will certainly be taking
revenues away from the City. Every time we have events at the Orange
Bowl people would stay at the hotels in Downtown Miami at the same
time even the people in Little Havana receive a lot of revenues from
the Orange Bowl. Thank you.
Mayor Ferre: Alright, Mrs. Gordon. Are you a candy striper?
Mrs. Rose Gordon: Yes, I'm a candy striper today. Mr. Mayor, Commissioners,
I'm here as an individual. I'm a realtor, but the realtors have not been
able to take a position this year on this issue.
Mr. Plummer: Excuse me, your name and address please.
Mrs. Gordon: Oh, I have been identified by the Mayor. I'm Rose Gordon.
Do you want my address? Business address 2902 Biscayne Boulevard,
Rose Gordon Realty, Inc. With all kidding aside, the realtors have in
the past endorsed the concept of the renovation of the Orange Bowl.
They have taken that position on numerous prior occasions. We haven't
had a meeting yet this month, but we will be bringing the issue to the
table. I'm here to speak for myself and I would like to say that I'm
totally in favor of finally taking the bull by the horns and stop the
talking and beginning some action. I think that's it's long over due and
I think once the voters have had an opportunity, I think to speak
on this they will agree the City of Miami needs to retain this type
of facility within the borders of the City of Miami. And if we don't
take the action and don't place it before the voters, then we are going
gl 69 1/26/84
LA
to keep talking as there have been in the past for five years or longer
and this facility will remain in it's present state. I wholely
recommend that you proceed to do that.
Mayor Ferre: I want to thank you for taking time from your schedule to
come and to share that with us. Let me say that you were on the
commission when we last voted to put the matter to the voters on
advalorem taxes on a G.O. bond issue and as you might recall, we didn't
do so hot. So, I would hope that the Board of Realtors and yourself
who are people of great influence in this community would do more than
just support it verbally as I continually tell my friends at the
AFL of C.I.O. that it's nice to get endorsements, but besides endorsements
we need some affective political canvassing type of work. All of these
realtors have employees and have people that they come in contact with
and what we really need is not your verbal support, but an affective
support, because it's not going to be easy to pass this issue.
Mrs. Gordon: I know that. I think there are some questions that need
to be answered, too. I think that the people have to be led to understandi
and I for one would like to get a couple of answers and one of those
answer are that this is a general bond issue as I understand it and
it's advalorem, you know, taxation. However, what I want to know is
the income that will be coming in, you know, from the use of the new
bowl how will that be spent. How is that going to benefit, you know,...
will it off -set some of the monies that are going to be needed for
the repayment of the bonds?
Mayor Ferre: The same way we used to do it before Rose, when we had
the... you know, we used to have in the old days as you recall because
of Mitchell Wolfson and others we never had a general obligation bond.
We had users, revenue bonds and all the monies that came in from the
Orange Bowl were used totally to pay off the debt. This is different.
This is general obligation. Now, I... all the money that would come
in from the usage of the Orange Bowl would go for the reduction of the
debt. However, as you well know that would not be sufficient to pay
the debt.
Mrs. Gordon: All income then would be used firstly to off -set the debt.
= Mayor Ferre: Absolutely.
Mrs. Gordon: And any deficit, if there is any would be naturally coming
from general funds. So, I just wanted that clarified so can speak
effectively for the issue.
Mayor Ferre: Wait a minute, Rose, because the Manager is shaking his
head. So, let him speak.
Mr. Gary: The first priority on the revenues from the Orange Bowl
will go for operation purposes. The second is debt service.
Mrs. Gordon: Yes, but there would be some percentage of the income
that would off -set the debt and that's all I was really...
Mayor Ferre: No, no, Rose, that's not what he said. What he said was
that the first priority is to operate the Orange Bowl. That's always
been the case.
Mrs. Gordon: I realize that.
Mayor Ferre: Once we operate the Orange Bowl whatever monies are left
would be for debt reduction.
Mrs. Gordon: I know, that's what I thought I would reiterating. I
understood the point and I do thank you and any information further
that we might need I will approach you for it. Thank you.
Mayor Ferre: Alright, anybody else? Yes, sir. Mr. Fannotto.
Mr. Ernie Fannotto: Ernie Fannotto is my name and I'm President of
the Taxpayers League Miami and Dade County. I'm going to speak, but
through the Chair I would like to ask the City Manager just a few
gl 70 1/26/84
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questions. Mr. Manager, a fifty-five million dollar bond issue is
going to be floated for how many years?
Mr. Gary: Probably Ernie, it will be about twenty years.
Mr. Fannotto: Twenty years. And what is going to be the cost... total
cost in twenty years approximately?
Mr. Gary: Twenty-five years.
Mr. Fannotto: How much?
Mr. Gary: It's going to be for twenty-five years, Ernie.
Mr. Fannotto: Yes, twenty-five...
Mr. Gary: It's going to cost the average homeowner twenty...
Mr. Fannotto: No, no, I mean the whole cost of the whole bond for
twenty-five years. What is going to be the cost of the bond for
twenty-five years?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: If we borrowed the full fifty million dollars it would
be two million dollars in principle a year and...
Mr. Fannotto: No, I'm not talking about that Mayor. That's not the
question, Mayor.
Mayor Ferre: Wait a moment, I'm telling you...
Mr. Fannotto: Look, I'm asking the City Manager what the cost of a
fifty-five million dollars bond issue is going to be in fifty-five
years... I mean in twenty-five year.
Mr. Gary: About a hundred ten million, Ernie.
Mr. Fannotto: How much?
Mr. Gary: About a hundred ten million.
Mr. Fannotto: How much a million?
Mr. Gary: About a hundred ten million dollars.
Mr. Fannotto: Are you kidding, Mr. Manager? A fifty-five million
dollar bond issue in twenty-five years is going to be about two hundred
ten to two hundred twenty-five million dollars.
Mr. Gary: We use different accountants, Ernie.
Mr. Fannotto: What?
Mr. Gary: We use different accountants.
Mr. Fannotto: I don't know where you got your figures. Now, in addition
to that Mayor I'm going to ask another question or two. How you got
any commitments for the Dolphins to play there?
Mr. Gary: Ernie, you and I have had this discussion.
Mr. Fannotto: Oh, no, no, let's let the public...
Mr. Gary: Yes, I got a commitment up until 1986 for the Dolphins, Ernie.
Mr. Fannotto: You have a commitment?
Mr. Gary: I have a commitment up to 1986.
Mr. Fannotto: Yes, but you have no commitments after that. Do you have
a commitment from the University of Miami to play there?
gl
71
1126/84
Mr. Gary: I got commitments up to 1991.
Mr. Fannotto: You have a written commitment or just oral?
Mr. Gary: We got a contract with the University of Miami.
Mr. Fannotto: Well, they say they are going to build their own stadium.
Mr. Gary: Well, they got to honor their contract, Ernie.
Mr. Fannotto: What's that?
Mr. Gary: They have to honor the contract.
Mr. Fannotto: They are not honoring the contract?
Mr. Gary: They have to honor the contract.
Mr. Fannotto: You have a contract on hand to that effect?
Mr. Gary: Yes, sir.
Mr. Fannotto: To 1981?
Mr. Gary: 1991. 81 was two years ago.
Mr. Fannotto: Well, Mr. Manager, what was the total revenue that
come in that show the profit in the Orange Bowl the last year?
Mr. Gary: Oh, Ernie► for you about two hundred thousand.
Mr. Fannotto: Two hundred thousand. Well, a twenty-five year bond
issue is going to be over two hundred thousand. So, over twenty-five
years that's going to be four million dollars, Mr. Manager. So, let's
not kid the public. Let's let the public know the truth. It's not
going to pay.
Mr. Gary: Ernie, if I may. First of all, the intent of the bonds in
terms of the repayment is not from the revenues we will make from the
stadium. That's going to come front a:lvalorem taxes. Second of all
Ernie, the plan calls for some sky boxes which are going to generate
money, there is a move afootto try to entice other sporting events
and other concerts which is going to generate money, Ernie and I can
assure you that the operational expenses for a band new stadium will
be less and we will make more money, Ernie.
Mr. Fannotto: Well, Mr. Manager, you just said the total revenue...
total profit was two hundred thousand and who are you going to sell
the sky box if you don't have anybody to play there to. You said
the only one you got is the University of Miami.
Mayor Ferre: Alright.
Mr. Fannotto: No, I'm asking the Manager.
Mayor Ferre: I understand Ernie. I'm going to let you go for a little
bit longer, but then we need to move along.
Mr. Fannotto: Mayor, it's more than that. No, no, I want my time and
I want enough time to let the people know the truth on this deal.
Mr. Odio: Could I tell Mr. Fannotto that the world doesn't revolve
around Joe Robbie and that we have to go on and that we must have a
stadium in this city.
Mayor Ferre: No, no. Alright. Ok, I don't think you need to tell
them....
Mr. Fannotto: Mr. Manager. I'm asking the City Manager that question
now and as far as he is concerned, you know, a gentleman just spoke,
but it's so irresponsible, but you know you got beat four and a half
to one, you only got two hundred thousand dollars profit. It's going to
g1 72 1/26/84
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cost you over four million dollars a year conservatively to pay off the
bond issue. So, let's let the public know the truth. I want the records
to reflect the truth.
Mr. Dawkins: The truth of it is Ernie, I agree with you, but also there
will be revenue from concessions and other things that we don't have now
that will increase our two hundred thousand dollars.
Mr. Fannotto: If there is nobody playing there who is going to pay...
where are you going to get the concessions?
Mr. Dawkins: I keep telling you and I'm going to tell you again and
I'm going to tell you every time you ask me. With the climate and the
fans in the City of Miami there is not a team in the frozen north
that will not come here to play in the Orange Bowl if it's available.
Mayor Ferre: Alright, thank you very much.
Mr. Fannotto: No, no, I'm not through Mayor. Let's not speed this
UP just because I'm on the other side, you know, that gentleman spoke
for quite a while.
Mayor Ferre: No, I'm not speeding it up because you are on the other
side. I'm speeding it up because you have taken more than three
minutes and I will give you another couple of minutes and then we
need to move along.
Mr. Fannotto: Well, three minutes is not enough for two hundred and
sum million dollar bond issue Mayor. I happen to be President of the
Taxpayers League.
Mr. Plummer: Mr. Mayor, I don't consider Mr. Fannotto to be on the
other side. I happen to concur with what he is saying to this extent.
This is going to go out to the public to make their decision and that
they should have the proper information and that I agree with. I think
everybody agrees with. That they are entitled to know the facts about
what they are voting on. Nobody can disagree with that.
Mayor Ferre: Commissioner Plummer and Commissioner Fannotto, let me
tell you that the only reason that I permitted this to continue is
because I made the mistake, because Mr. Alejandre said he could not
stay to recognize him and then after Mr. Alejandre spoke Skippy
Sheppard said I've got to go, so I recognized him and then, of course,
Commissioner Rose Gordon is here and out of courtesy to her I recognized
her. And then, of course, Commissioner Ernie Fannotto is here so I...
But we need to get back to the agenda. We are not talking about the
Orange Bowl now. I will recognize you for a full statement when we
come to that issue.
Mr. Fannotto: Alright, but I just want to make one statement right
now,...
Mayor Ferre: Alright, make your statement.
Mr. Fannotto:... that the figures of the City Manager are not accurate.
I'm going to get an accountant and have you check the figures for a
fifty-five million dollar bond issue for twenty-five years happens to
be more than what he says.
Mayor Ferre: Alright.
Mr. Fannotto: Now, what was the amount you said Mr. Manager, again,
so the records will get it straight for fifty-five years.
Mr. Gary: I don't recall that Ernie.
Mr. Plummer: Fifty-five years?
Mr. Fannotto: You don't recall. Well, you know, Mr. Manager, I want
to tell you. You are the highest paid Manager in the Country and for
the highest paid Manager in the Country I'm going to tell you something.
It's about time you woke up and if you don't know it you have got about
gl 73 1/26/84
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over a hundred and thirty million dollars worth of bond issues here
in addition with the stadium and let me tell you, you know how much
that is, that happens to be over four hundred thousand dollars to
pay back. So, let's not kid the public. You know, you just can't
say anything, you have got to be accurate. You should have your figures
in advance. You don't have you figures. They are not accurate. They
are just false gross misrepresentation to the public and it's not
going to go and as far as the bond issue is concerned, I'm going to
get our taxpayers league and many, many people against it because you
don't have anybody to play. You are doing this on pure speculation
and if it was your money, Mr. Manager, you wouldn't be investing
fifty-five million dollars, you would want bonafide written contracts.
You don't have them and you are not going to kid the public because
you are not kidding anybody but yourself.
36. BRIEF DISCUSSION AND DEFERRAL OF CONSIDERATION OF REQUEST FOR
ZONING AT 3665-67 NW FLAGLER TERR. FROM RG-1/3 TO CR-2/7.
---------------------------------------------------------------------
Mayor Ferre: Alright, now in the meantime I have a request here from
Agustine Perez-Cervera that we defer Item 7 because of the lack of a
complete board here. Does anybody object to that? Any objections?
Mr. Dawkins: So, move.
Mayor Ferre: There is a motion by Commissioner Dawkins that Item 7 be
continued at the request of the applicant?
Mr. Plummer: Are there any objectors here?
Mayor Ferre: Plummer seconds, further discussion on Item 7?
Mr. Gary: To the next zoning meeting.
Mayor Ferre: To the next zoning meeting which is February the 23rd as
of right now.
Mr. Plummer: Well, but that's going to be changed. Tentatively for
February 23.
Mayor Ferre: It will be changed to February 28th. So,...
Mr. Agustine Perez-Cervera: If it's at all possible I would be willing
to give the City Clerk my phone in case Mr. Perez returns. I'm very
close by.
Mayor Ferre: Sir, let me inform you that Commissioner Perez has already
told us that he is going to catch a 6 o'clock plane. So, at best, if
he does return he will be leaving in a very short while.
Mr. Perez-Cervera: Fine. We will be in contact with the City as to
the new date. Thank you.
37. DISCUSSION AND TEMPORARY DEFERRAL OF A REQUEST FOR APPEAL OF
VARIANCE WHICH WAS DENIED BY ZONING BD. re PROPERTY LOCATED
AT 1740- SW 22ND STREET. (Note: this matter was, in fact,
deferred later on to feb. 28th)
Mayor Ferre: We are now on Item 15, Mr. Anderson. This is a ... The
Planning Department recommended denial. The Zoning Board recommended
denial four to two. Michael don't you ever get clients other than
people who get dL-nials?
Mr. Whipple: Mr. Mayor, I wonder if I might clarify a point. The
applicants came to the department after they were denied by the board
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and recommended denial by the Planning Department. They applied
under ordinance 6871, one of the last variances to be filtering on
through and they proffered a solution which is not entirely within
what they were requesting under the variance, but which would fit
within the framework of 6871 which would allow them to reduce the
size and provide a reduced off-street loading space to accommodate a
van which is permissible under ordinance 6871. We have reviewed the
plans for that proposal and we believe that that would be acceptable
under the terms of the zoning ordinance and would be prepared to
recommend to you today that rather waive all off-street loading that
the variance be granted to provide the van of a lesser space and this
would necessitate the reduction of eight hundred square feet of floor
area and two parking spaces to accommodate this use. So, we believe
that they have worked within the... as best they could to provide a
compromise to their original request.
Mayor Ferre: So, in other words, as is then you recommend that we
vote for this?
Mr. Whipple: Yes, sir.
Mayor Ferre: Alright, is there a motion?
Mr. Plummer: You are not recommending... are you recommending a
reduction of the loading bay? 22nd Terrace and... This is off of
Coral Way.
Mr. Michael Anderson: Yes, it's on Coral Way. Let me see if I could
explain it. We asked originally to waive one loading bay. We have a
building that's a little over ten thousand square feet and a ten thousand
square foot building requires a loading bay. The ordinance does provide...
and a loading bay is forty-five feet long and twelve feet wide and
fourteen feet high. We said afterwards that the ordinance does provide
that if the building doesn't appear to need it you can have a loading
bay of thirty feet long and eight feet high and that's what we have
proposed to the Planning Department and they were our only opposition
and they seem to be in favor of that.
Mayor Ferre: Alright.
Mr. Pierce: Mr. Mayor, may we have one minute, sir?
A
Mayor Ferre: Yes, sir. While you are doing all of that, Mr. Manager...
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38. CONTINUED DISCUSSION OF ITEM #1: EXECUTIVE PLAZA PLAT - STATEMENTS
MADE BY MEMBERS OF THE ADMINISTRATION - NO FURTHER ACTION TAKEN
AT THIS POINT.
---------------------------------------------------------------------
Mayor Ferre: Where did Howard go? You got a full Commission here, you
wanted Item 31. I see the attorney and the other people here. The
question... why don't you tell us on the record why you are against
this.
Mr. Gary: Ok. Mr. Mayor, first of all, I would like to give the
Commission some history. The owners of this property came to me to
discuss the possibility of closing the street. Their concern was they
had a mass of property on Wth sides of the street and wanted an increase
FAR so they can build a higher structure in which they had designed. I
explain to them that it is the administration's position, not the
City Commission's position that we only close streets when or recommend
the closing of streets when it's leading into an alley. I also informed
them that we had established a precedent with regard to the property
Downtown, namely, around the Gould Southeast Development whereby we
could recommend if there was not a continual need to close the street
to close the street and provide access for cars during rush hour traffic.
At that time they explained that they could live with that kind of
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arrangement, get the FAR and they will volunteer a covenant. My
concern is is that if we establish this precedent there will be other
types of requests in this particular area in view of the fact that we
have tremendous amount of business speculation and proposed business
development and it would be a situation similar to what we had in the
Grove when we set the precedent over here in terms of zoning. It very
difficult to preclude others from doing the same thing. I think it's
also important, too that this road leads into two major north/south
arterial roads, namely, Biscayne Boulevard and Northeast 2nd Street.
I'm also concerned that the FEC property is immediately west of this
property. It's a large amount of property and we, at least the
administration and the City Commission are not aware of what planned
developments FEC will be coming forth with, with regard to the use
of that property which will have a direct bearing on the Northeast
31st Street closing and I must inform you that the FEC right-of-way...
the railroad which has now becomes a dead end may not become a dead
end once FEC decides to develop that property. I would also like to
say, point number three, closure of this street as requested will
make for the only two block long streets in an area without an east/west
street. Complicating this is the fact that Northeast 32nd Street which
is the next street to the north is substandard in width and is one way
west bound. Also, related to this concern, if closed there would be a
three block stretch where at north bound emergency vehicles could not
turn east toward Biscayne Boulevard. I think, Mr. Mayor, that the
intent of the applicant at the particular point and time when he came
before me was one of allowing him to increase his development which
was accomplished by closing off the street and accepting his voluntary
covenant which in effect restricts the closing of that street during
rush hours and he still is able to have the access of the increased
FAR.
Mayor Ferre: Howard, I was here when this whole thing occurred and it
was Gibson at that time who made the motion that this be approved
subject to during rush hours that this would be open and available.
Mr. Gary: I would like to correct that, Mr. Mayor.
Mayor Ferret Tell me.
Mr. Gary: What had happened was Commissioner Gibson had that as a
problem and we had to explain to him because he didn't understand that
they had volunteered the covenant, that his concerns were taken care
of. This was discussed before it came before the City Commission in
terms of the voluntary covenant.
Mayor Ferret Alright, now, I got a question for you. I asked the
administration and you had gone and somebody else was sitting in your
seat there and I asked the...I don't know whether it was Sergio or who
or Joe.
Mr. Gary: Public Works.
Mayor Ferret Public Works or somebody if they had any problems and they
said that the administration had no problem. I don't want to put these
poor people on the spot now, so we don't want anymore letters going out
and I don't want them to disagree with you and all that, but I need to
know why... why did they say they approved it?
Mayor Ferret Well, let me see if I can explain, Mr. Mayor. Obviously,
with regard to zoning matters there is more than one aspect of that
zoning that you have to look at. obviously, Public Works looks at it from
a street prospective and a transportation prospective. The Planning
Department looks at it from a zoning prospection , a master plan
prospective and a long term in prospective.
Mayor Ferret The Planning Department was listening. There is Whipple
and there is Sergio Rodriquez. They didn't say a word.
Mr. Gary: Well, Mr. Mayor, first of all, this item coming on the agenda
was not a part of their procedure. This item came as a personal appearance
which came through my office which they didn't have a chance to review.
The Planning Department recommended it in terms of the existing covenant.
g1 76
1/26/84
Now, I think also important, Mr. Mayor, is if they are concerned about
the number of cars that are now parking on the road, what obviously,
is a public road, you know, if we all had that concern in our
neighborhoods we might as well close off all of the streets. But I
also like to say that they are putting in not only parking structure
there, but they are also putting parking on the road themselves. So,
they are really doing the same thing that exist right now. I think
the intent of what was done initially allows them to do their increased
FAR because they get the benefit of the road and what we are saying is
to let the public have their benefit also.
Mr. Plummer: Well, let me understand correctly, because this gentleman
came to see me. It was my understanding that it was not to be the
closure of the street, but that the restriction was to be lifted.
Mayor Ferre: That's already voted on this morning.
Mr. Gary: Yes, but when you lift the restrictions you are precluding
other than emergency vehicles the vehicles which want to use that to
get home back and forth to work from 4... excuse me, 7 to 9 and 4 to 6
from having that opportunity to utilize that road.
Mayor Ferre: That's right.
Mr. Gary: And when you lift that restriction you precluded that from
happening.
Mayor Ferre: That's right. That's what I voted on this morning. I
understood that. Alright, Mr. Mays, you want to say anything?
Mr. Mays: Very briefly, Mr. Mayor, our position is still the same.
First of all, with respect to the contention that meetings were had
with my clients and other parties, I have talked with my clients very
extensively about this matter. They have absolutely no recollection
at all of any such meeting. In addition thereto my recollection,
although I was not representing my clients at that time my recollection
regarding how this matter came about is similar to the Mayor's. For
instance, it was only at that Commission meeting in October of 1981 and
only for the first occasion that they talked about the rush hour
exception and that, of course, came from Father Gibson at that time.
With respect to the traffic impact study Dade County has done its study.
The various departments of the City of Miami has also done their studies
and they too, concluded that it is best in this instance that we do
indeed, remove the rush hour exception.'
Mr. Gary: All I would like to say is Mr. Mayor, I am pretty sure that
you recollection of Father Gibson came from the attorney here, but I
also would like to say that when these attorneys come before this City
Commission and they come to me, they come as representatives of their
clients. Even though we did not sit down with their client and George
Knox was the City Attorney at that particular point and time, we sat
down with Jessie McCrary who was the representative and you have checked
records, he was the counsel for this particular applicant and he
represented to us that this is what his client wanted and that it was
accepted.
Mr. Plummer: Well, a question to the applicant. Is it your intentions
to completely close the street?
Mr. Mays: No, absolutely not. We plan to use the street. We have to
use it.
Mr. Gary. How are they planning to use it?
Mr. Mays: From the standpoint of access to and from the building.
Mr. Gary: Yes, but see you giving a public road strictly for a private
person who only want the road to increase his FAR for his building and
I'm saying you can accomplish that to allow the spurring development
in that area without taking away the public's right for a road. Now,
just north of there it's going to be very difficult for you to tell
other people in that business area that they can't do anything when
they own property on both sides of the road. You cannot do it. It's
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no different than what we are doing at Dupont Plaza with Southeast and
Gould property where during the rush hour period we are saying give the
public access to get back and forth from the... during the non -rush hours
the road is yours. And they agreed to that. They agreed to refurbish
the roads and now what they are saying is give this road to us for our
own private use to allow our own private people to come in and to let
our own private people park. I don't think... Well, put it this way
the administration's recommendation is it was a dead end street and
we knew what was happening in the FEC, fine. That is not the case
and the street north of that is a one way street.
Mr. Plummer: Is it any intention on behalf of your client that that
street will be in anyway covered up?
Mr. Mays: Absolutely not.
Mr. Gary: You are setting a bad precedent man. He get's everything he
wants his FAR.
Mr. Plummer: No, I understand and I understood that then. Is the
Manager correct in effect it will be only street that could he uscd for
purposes?
Mr. Mays: The only street for the purpose of coming to and from the
buildings?
Mr. Plummer: Is it in effect the only thing that is occurring is in
fact that you are the only ones that can use that :street?
Mr. Mays: No, that is not correct. The people that will use that
building will primarily be people who will be coming to the office
building.
Mr. Plummer: Excuse me, can the public use the street?
Mr. Mays: No, they cannot.
Mr. Plummer: Who is going to maintain the street?
Mr. Mays: We will, that was part of the conditions of actually receiving
this. My clients have agreed to maintain the street in perpetuity.
Mr. Gary: If I read the covenant correctly, the covenant addressed not
only the closing of the street, but also the maintenance of the street.
You rescinded the whole covenant which also rescinds them maintaining
the street also.
Mr. Mays: With all due respect, we only voted this morning for the
purpose of eliminating the rush hour exception, that's all, but in
far as maintaining the streets my clients will do that in perpetuity
and will do it consistent with the dictates of the City departments.
Mr. Plummer: Well, let me tell you where I have got a problem. Ok.
In effect what you are doing is you are acquiring a street without
owning it. It is going to be solely for your purposes and your building's
purposes and it's clients. You are in effect gaining "x" number of
square feet solely for your purpose excluding the public and you are
not even going to be paying taxes on it because we still own it.
Mr. Mays: That's not exactly accurate, sir.
Mr. Plummer: That's not correct?
Mr. Mays: That's not correct, sir.
Mr. Plummer: Who pays the taxes on it? Yes, please. If I'm wrong I
stand corrected.
Mr. George Campbell: Once the street is closed by action of the Commission
and filing of a plat then the title reverts to the property owner. It
becomes his property. He pays taxes on it.
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Mr. Plummer: But at this point we have not given them the street.
Mr. George Campbell: Yes, we have. The plat is recorded. The street
has been closed by Commission action. The Commission required that
the street remain open to public access from, I think it was 7 to 9 and
4 to 6 so that the public would have access through there between those
hours.
Mr. Plummer: But in other words, in effect it's been deeded to them?
Mr. Campbell: It has been turned back to them, yes. As I understand
it according to state law the underlining fee simple lies with the
abutting properties anyway. So,...
Mr. Ronnie Fieldstone: Mr. Plummer, if I may for the record. All
we are talking about... Ronnie Fieldstone, I'm one of the principles.
All we are talking about here is removing a rush hour restriction. The
property has been replatted. The land itself is titled in the name of
the owner, not in the name of the City. The rush hour exception does
not serve any purpose. In fact it has a hindrance in our dealings with
the City they have been frustrated with it because of the rush hour
restriction the City has had the obligation to worry about maintaining
the street, which they don't want to do and in addition the... it
creates a traffic hazard because you have cars illegally parking all
the time on both sides of the street and it's a difficult street to
get in and out of anyways. The street is only used for the purpose
of getting to our property. There no where else to go on that street,
because we own both sides of the street and on 2nd avenue there is no
where to go. It's a dead end and the third reason is for security.
We are trying to impose a better security system and if we can have
that easement removed...
Mayor Ferre: I think we have heard both sides of the issue. Now...
Mr. Gary: But Mr. Mayor, something needs to be corrected, if I may sir.
And that is even under the original covenant the City was not to maintain
the street. They were to maintain the street. That's not correct.
And I say finally, Mr. Mayor, that their attorney representing them
came down with the intent to increase their FAR and we accomplished that
for them without taking the benefit away from the public.
Mayor Ferre: Alright, ,ow we heard both sides of the issue. It is now
time to move along and I will open up the floor for any motions. The
appropriate motion would be a motion to rescind if that's the will of
this Commission, otherwise the matter stands.
Mr. Plummer: Mr. Mayor, you know, I understand what the Manager is
saying, but in effect I think what has happened is that we have been
had. I got to tell you that. Ok. And when I say that you probably
would have never gotten the street closure except for that restriction.
Now, we find ourselves in a position where it is in fact impractical
the stipulation that was applied. So, in effect as I see it you have
got the street, we have got to take the restriction off because it is
impractical. It is impossible to enforce. The only concern that I
would have at this time and if you will stipulate on the record, that
one, that that street must at all times be open to emergency vehicles
and two, that you will continue to maintain that street. I don't see
where we can do anything else. I think we will keep it in mind
definitely in the future.
Mr. Mays: Jn behalf of my clients I so stipulate.
Mayor Ferre: And we forgot about the olive trees.
Mr. Plummer: Yes, are you speaking about anything about volunteering
some olive trees in decorating the City ?
Mr. Mays: We have already agree to spend at least up to two hundred
thousand dollars with respect to the public good.
Mayor Ferre: How much?
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Mr. Mays: Up to two hundred thousand dollars.
Mayor Ferre: Two hundred thousand?
Mr. Mays: Yes, sir.
Mr. Garcia -Pedrosa: It's in the covenant.
Mr. Mays: We have already provided for that.
Mr. Plummer: What?
Mr. Mays: We have already provided for that.
Mr. Plummer: No, that's for the street. That's for the street. Now,
what about the trees? Did you say anything about the trees?
Mayor Ferre: You and the Manager will get together and decide.
Mr. Plummer: No, I don't think you better do it in this case. They
ain't got that many trees. You better volunteer in a hurry because if
not we are going to...
Mr. Mays : Indeed, we will most happily volunteer.
Mr. Plummer: And would you like to stipulate how much you are going to
volunteer?
Mr. Mays: Ten thousand dollars.
Mr. Plummer: How much?
Mr. Mays: Ten thousand dollars.
Mr. Plummer: Huh?
Mr. Mays: Is there a suggestion from the commissioner?
Mr. Plummer: Can't do that.
Mr. Mays: Fifteen thousand dollars.
Mr. Plummer: One more time.
Mr. Mays: We will give you trees worth up to fifteen thousand dollars.
Mr. Dawkins: Ok, I have no problems with that if they are not black
olive trees. What kind of trees are you talking about sir?
Mr. Plummer: No, that's up to their discretion.
Mr. Dawkins: Yes, that's what I'm saying, but I'm... But see I'm...
I'm tired of black olive trees.
Mr. Mays: Palm trees.
Mayor Ferre: No, not palm trees.
Mr. Dawkins: No, no, no, they are going to die. I mean,... I tell
you what, work it out with the Manager. Is that alright, Mr. Mayor?
Mayor Ferre: Yes, sir.
Mr. Dawkins: You guys work it out with the Manager. Work it out with
the Manager Mr. Mays.
Mr. Mays: Thank you, we will.
Mr. Dawkins: Thank you.
Mayor Ferre: Is there anything else we need to talk about?
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39. APPOINTMENTS TO THE ZONING BOARD AND THE PLANNING ADVISORY BOARD -
INSTRUCT CITY ATTORNEY TO PREPARE NECESSARY ORDINANCE TO AMEND
CODE TO ALLOW FOR EXPANSION OF BOTH BOARDS; FURTHER SETTING FORTH
CRITERIA re QUORUM, CREDENTIALS OF MEMBERS, ABSENCES, ETC.
Mayor Ferre: Alright, we are now on the Zoning Board appointments.
Mr. Plummer: Mr. Mayor, on the Zoning Board I would like to nominate
Gloria Basila...
Mr. Carollo: How many openings do we have again?
Mr. Plummer: Four I believe. How many openings? Four regular and
one alternate.
Mayor Ferre: Mr. Plummer, I'm going to...
Mr. Perez: One alternate and I believe three regular.
Mr. Carollo: How many regulars?
Mr. Plummer: How many?
Mr. Perez-Lugones: Let me check my...
Mayor Ferre: Four. You ought to know. God if you don't know who
does. There is three on and there are four vacancies and one alternate..
Mr. Perez-Lugones: Three and one. Yes, sir four.
Mayor Ferre: Four and one.
Mr. Plummer: Four and one is correct.
Mayor Ferre: There are four vacancies and there is one alternate
vacant. Ok. Now, the vacancies are the seat of William Perry,
Guillermo Frexas, Alicia Baro and Gloria Basila. Those are the four
vacancies. Is that correct?
Mr. Perez-Lugones: That's is correct.
Mayor Ferre: And there is an alternate who it is the vacancy of the
seat of Victor De Yurre. So, there are five seats to be filled. Alright.
Now, Mr. Plummer: before you get into your deliberations and I would
accept your motion first since that....but no we have to do the first
one is William Perry.
Mr. Dawkins: Ok. I want to nominate...
Mayor Ferre: Well, wait, wait, because I want to make a statement and
the statement I want to make is this. One of the reasons why we have
some many problems... you can put that down for a moment. One of the
reasons we have so many problems in getting a quorum is that it
requires five people for quorum. Is that correct?
Mr. Peres-Lugones: That is correct.
Mayor Ferre: Now, when you have a seven member board, ok, the way I
learned math four is a quorum normally in a seven member board. But
the way it is now it requires five. Now, when you have seven members
t you end up having a problem in getting a quorum of five because there
is always two people absent and the alternate never shows up and there
is always a problem. Now, I would recommend Mr. Manager, that the way
we solve this problem is in this particular Zoning Board, I think we
should go to a nine member board, because in a nine member board you
still have a quorum of five. So, the quorum does not change, but it's...
you are going to have a much better chance of always having a quorum
present if you have nine. It is difficult to get a five member quorum
out of seven. If you have nine then I think you... Now, the other thing
gl 81 1/26/84
that it does is this. With the alternate that makes ten and since there
are five of us here it would give each of us the opportunity even though
you know, we don't discuss it, but obviously, what occurs is that each
one of the members of this Commission nominates a person and as has
been traditionally the case with the exception of the time that
tradition was broken first with you, wasn't it? When we first broke
tradition with Joe and then we broke it with Miller and those are the
only two times we have broken it. The traditional way the City of Miami
is that each member has a nomination. Now, the reason why we got into
this breaking of this pattern is because in the old days we used to have
what, five members of the board. When we went up to seven it got
everything all confused because the question as to well who's... you
know, who did what the who? Now, I therefore, would like to Mr. City
Attorney, if you will remember back in November or December I asked
the City Attorney to research and to bring us back as to how we go
about increasing the Zoning Board and as I recall it is not in the
Charter, but rather it is in the Code. So, all it really requires is
a simple ordinance change of the Code. Is that correct?
Mr. Perez-Lugones: That is correct.
Mayor Ferre: Therefore, even though we obviously, cannot nominate them
now, I would like to make a motion, but before that let me ask. On
the Planning Advisory Board the situation different, is that correct?
Mr. Perez-Lugones: It is different. In the Planning Advisory Board
you have a quorum of four.
Mayor Ferre: How many members do we have?
Mr. Perez-Lugones: The same number seven plus one.
Mayor Ferre: Seven plus one.
Mr. Perez-Lugones: Seven regular plus one alternate member.
Mayor Ferre: Now, let me ask you. Why did we have different rules
for Planning than Zoning?
Mr. Perez-Lugones: That happened before my time. I cannot explain
that Mr. Mayor.
Mayor Ferre: Does anybody remember? Mike do you remember?
Mr. Plummer: What? Why did we have what?
Mayor Ferre: In the old days we used to have a Planning and Zoning
Board, along came Professor Bartley and he came up... Rose, you were
here then. Explain this to us. What's the difference between... why
did we end up with having a quorum of .`ive out of seven in Zoning,
whereas in Planning we have out of seven?
Mrs. Gordon: Because the Planning Board is only an advisory board and
you know, it follows through to you for a final decision. The Zoning
Board is quasijudicial decision making body and it was felt that you
know, if four people attend the quorum logically three people could
make very vital decisions with no... you know, they are final unless
they are on appeal, unless they come back to you for appeal. I think
you idea of a nine member board is good.
Mayor Ferre: Let me tell you what's happening, Rose, fou know, what's
happening people aren't coming. Last night for example, I felt very
bad because Pat Kolski, you know, had given up something or other just
to be here and Lorenzo Luaces drove all the way from the west coast of
Florida to be here for the meeting... Well, where did he drive from?
Do you remember? Frog► Tampa and he drove all afternoon to be here for
the meeting, get's here to the meeting and there wasn't a quorum.
Mrs. Gordon: Mr. Mayor, you idea is good. I do really believe though
if someone is not interested in attending meetings they should be
removed and I think that you should set that kind of a limitation.
Unless there is a very serious health problem or some other very
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serious family problem they should not be excused from attending.
Mayor Ferre: Alright, Rose, let me ask you this. If we increase
the board from seven to nine and the quorum is five, should we do the
same thing for the Planning Advisory Board?
Mrs. Gordon: There is no reason why you shouldn't. You could follow
through consistent on both. There is no harm in it.
Mayor Ferre: And then we would make... then that would automatically
make the quorum five for both.
Mrs. Gordon: I think that's a very good idea. I really hope you will
follow through on that and also, that you make a requirement that a
person to be appointed must have some background to understand what
they are going to be dealing with. If you don't... I mean, you could
put any number of people on there and the decisions are going to come
out to embarrass you at times. So, I think you might want to look
at that also and make certain their background makes them qualified to
serve.
Mayor Ferre: Ok. Alright, then I would like to do the following before
we vote on this. Yes, sir.
Mr. Perez-Lugones: Mr. Mayor, if I may point out, the Code specifies
that the vote is by the majority of the board, which means that if we
have a nine member board five will be needed...
Mayor Ferre: Quorus: .
Mr. Perez-Lugones: Not only quorum, but five votes are needed to pass
anything. So, the passing number is the same as quorum.
Mayor Ferre: That's fine with me, because that makes it...
Mr. Perez-Lugones: I'm just pointing that out.
Mayor Ferre: That makes it tougher and I don't want to weaken it, I
want to make it tougher.
Mr. Perez-Lugones: Fine.
Mayor Ferre: So, therefore, I would like to move the following; number
one, this is a motion of intent for it to become an ordinance that the
City of Miami increase its Zoning Board from the present structure to
a nine member Zoning Board with one alternate and a nine member Planning
Advisory Board with one alternate. Ok. That the quorum for both
boards be five and that it require five votes for anything to pass on
both boards. Number two, that there be minimum basic requirements.and
you are going to have to be fairly broad about that because I don't
know how you... you can't say that they be real estate people, you
are going to have to... they can have previous experience in the matters
of either planning or zoning. I'm just...
Mr. Garcia -Pedrosa: Mr. Mayor, I just want to call to your attention
that you already have in the Code qualifications for the appointment
both to the P.A.B. and to the Zoning Board.
Mayor Ferre: I stand corrected. The only other thing that I would like
to put on and I really don't mean to hurt the feelings of some of the
members and I don't know how we are going to apply this, but... and I
don't know... please don't take offense at this. I don't know quite
how to say this. The individuals must have a rudimentary knowledge of
the English language. Now, I don't know how in the world we are going
to put that into law, but frankly I have heard of people that are sitting
here that do not know sufficient English, that they cannot... they do
not understand what is occurring during the process and need translates
and are voting without having full knowledge of what they are voting
for no other reason that they don't understand what's being said. Now,
I... please do not misunderstand. I don't want people to misunderstand.
I believe in bilingualism. I have made the motion and would vote
again for Miami as a bilingual city and I am for bilingualism, but that
gl 83 1/26/84
does not mean that a person can serve on a board who does not understand
basic English. I don't want him to be proficient in English, he or she.
I don't think it's necessary for them to be fluent, but I think they
must be able to understand without a translator what is going on.
Either that or we must then have simultaneous translation and go into
the expense of that kind of equipment for these boards to function.
Mr. Sergio Rodriquez: Mr. Mayor, if I may recommend also a separate
requirement. At this point if we have three excused absences... if
you have more than three unexcused absences the board members are out,
but an excused absence could be just a note saying that they are sick.
I would like to recommend if possible, that if the member misses
five meetings in one calendar year regardless of the absences that the
member is out.
Mayor Ferre: I accept that in my motion.
Mr. Carollo: That's where the problem lies then. For instance, I
can think of one individual that missed scores of meetings and then
when it was finally brought to the attention of the individual that
keeps track of that he goes to some doctor friend and gets a written
excuse. And I think we all know who we are talking about.
Mayor Ferre: So, in other words, I would include in my motion that
as a qualification for serving on any of these boards there must be
a record--- let's put it backwards --- of no less than six meetings
attended. There is one meeting a month, right?
Mr. Plummer: No.
Mr. Rodriguez: No, sir, we have two meetings a month except for during
August. So we have twenty-two meetings.
Mayor Ferre: I see, in other words, then the way it would be worded
is that if they miss more than five meetings in a calendar year, the
moment they miss their fifth meeting...
Mr. Rodriguez: Sixth, right.
Mayor Ferre: Their sixth meeting they are automatically out.
Mr. Perez-Lugones: It will eliminate the point system we have today,
which is part of the Code and make...
Mayor Ferre: And which isn't working.
Mr. Perez-Lugones: That is correct, Mr. Mayor.
Mayor Ferre: So, in other words, automatically with or without an
excuse if you miss —on your sixth meeting that you miss you are
automatically out.
Mr. Carollo: I would say five.
Mayor Ferre: Five, alright, I accept that.
Mrs. Gordon: Mr. Mayor.
Mayor Ferre: Go ahead, I'm listening.
Mr. Gary: I agree with staff and also Commissioner Carollo. I will
say however, that if you have got a good person on that board and that
person had to have surgery as for example,...
Mayor Ferre: Then we can reappoint him, Howard.
Mr. Gary: Ok.
Mayor Ferre: If that person has a bonafide excuse let him come back
before this Commission and let him explain it and this Commission can
vote for him again. This does not preclude that he be reappointed.
gl 84 1/26/84
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It just precludes that he is automatically off and comes before this
Commission for reappointment.
Mrs. Gordon: Mr. Mayor, I recall when we first developed this system
way back when Dr. Bartley worked with the task force to come up with
rules and regulations, education was a part of it and I have heard
them say that yes that is in the Code, that education is a part of it,
but it is not in my opinion being adhered to in a strictest manner of
speaking to be sur- that the people who are being appointed understand.
They may attend a seminar and not know what's going on at that seminar.
There needs to be in my opinion some basic examination or some basic
questions given to the applicant prior to their appointment and they
should be able to answer basic questions relating affects on communities
by improper zoning decisions and I know you have been criticized a
lot, sometimes very unjustly because the people who have been on these
boards haven fully understood what they were actually causing by some
of their decisions. So, I would respectfully ask that you consider
some stricter educational requirements prior to appointment.
Mayor Ferre: Alright, I would accept that in my motion, too. We
are going to have to figure out how that's going to work, but... I mean,
how do you make something like that work? I don't know what that means.
I mean, look, let me put it to you this way.
Mr. Carollo: It's impossible to.
Mayor Ferre: Let me put it to you this way. Plummer, when you started
out in your political world as did Steve Clark and Dave Kennedy and many
others by serving on the Zoning Board. If you had been asked...
Now, honest to goodness on the first day you served, the first meeting
if you had been asked something about the Zoning Code and laws of the
City of Miami do you think you would have passed an exam then?
Mr. Plummer: For sure.
Mayor Ferre: Really? No, honestly you think... Let me put it to you
this way. Would you admit... now, there are some people who have been
appointed to the Zoning Board in the past fourteen years that you have
served who probably if asked a question about zoning, a basic, elementary
question would not have known how to answer it, but subsequently as they
learned became very proficient members of the Zoning Board.
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Mayor Ferre: Wait a minute, I have got my administrative assistant
telling me words of wisdom now. Who determines what?
Mrs. Gordon: Maurice, that's on the job training. Look at the people
that get hurt until they learn enough to make the right decisions.
Mr. Plummer: Mr. Mayor, would you admit that had you served on the
Zoning Board you would have been a much more knowledgeable Mayor today?
I hear an awful lot of silence.
Mayor Ferre: I don't know I think that's another good question. If we
start putting all these things... Who makes the determination as to
whether a person does speak sufficient English to understand what going
on and who is going to make a determination to... we. Now, see the
problem is that you know that that's not going to work. You know...
you and I both know that I'm not going to question and nobody here is
going to really question the English proficiency of some of these people
that we are appointing.
Mr. Carollo: I think one of the basic problems is that we don't take a
set time where these people can come before us and we ask questions of
them. That's one way the Commission can make a determination.
Mayor Ferre: Ok. Alright, I...
Mr. Plummer: You know, that's a good point.
Mayor Ferre: I accept that as part of my motion . In other words, that
gl S5 1/26/84
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before there is an appointment that these people will come up, all of
them without any exception come before the Commission...
Mr. Plummer: Excuse me, the exception, Mr. Mayor, should be reappoint-
ments.
Mayor Ferre: Of course, I'm not talking about incumbents or people
that are being reappointed because they have obviously, have learned
and served through the process. No, no, we cannot have any exceptions
Plummer, because otherwise,...
Mr. Plummer: I agree.
Mayor Ferre: Even the incumbents. They ought to come before us and
we want to make sure that they know a little bit about zoning and a
little bit about planning and that they speak sufficient English to
answer questions. Alright. So, I make that as part of my motion.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Sure Commissioner.
Mr. Fannotto: (INAUDIBLE)... of all appointment on the Zoning and
Planning didn't know some of these... don't know some of these questions.
Now, the point about it is if they serve one or two years as an alternate
and hear what goes on, if they have the ability to...
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Mayor Ferre: Go ahead, Ernie.
Mr. Fannotto: Anyway Mayor, you don't have top flight candidates, but
the point about it is there are cases where some people don't have
the ability to absorb the knowledge. Now, and there is a lot of cases
like that, but when you have people who listen in meeting after meeting
what goes on and should make notes and so forth, they are going to be
qualified, but for you to stand there and give these people questions
before they start in in most cases, they won't know what you are talking
about. I mean, you might as well be truthful about it. That's the
reason that you need alternates. That's the reason I said if you want
efficient board you should use alternates and let them get experience
before you put them on the board. That's all I have to say.
Mayor Ferre: Alright, now, I so move.
Mr. Perez: Do we have anyone to second the motion?
Mr. Plummer: Second the motion.
Mr. Carollo: Can the Mayor, repeat the motion again please?
Mayor Ferre: Yes. The motion is that the City Attorney be instructed
to come back with an ordinance to increase the membership of the Zoning
and Planning Boards from seven to nine, that five be the quorum and that
it require five positive votes on any matter, that all applicants before
being appointed come before the Commission to answer questions from
the Commission and that one of the minimum requirements be a minimum
proficiency in the understanding of the English language. What else
did we add?
Mr. Garcia -Pedrosa: There is one other thing you said, Mr. Mayor and
that was the business of the five meetings.
Mayor Ferre: Oh, and that any person who misses for whatever reasons
five meetings during a calendar year be automatically suspended and
that that vacancy come before the Commission again. Does that cover
it?
Mr. Garcia -Pedrosa: That's all I got Mr. Mayor.
Mr. Carollo: I would like to add one more thing to that, that each
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member of the Commission can pick two nominees, since there will be
ten or two appointments rather, then the rest of the Commission will
confirm it.
Mayor Ferre: Can we legally do that?
Mr. Carollo: Sure as long as the rest of the Commission confirms it.
Mayor Ferre: Yes, I think you can do it this way, if each member
nominate two they have to be confirmed by the full Commission.
Mr. Garcia -Pedrosa: Yes, I think that's what Commissioner Carollo is
saying.
Mr. Carollo: That's correct.
Mr. Plummer: But is it legal?
Mr. Garcia -Pedrosa: In the way that he is saying it, yes it is. The
actual appointment officially would be done by the Commission, but the
nomination would be done by individual Commissioners.
Mayor Ferre: I have got no problems with that.
Mr. Carollo: This way we know who put whom on the board.
Mr. Gary: The only thing is you got nine and one, somebody has got
to take the alternate.
Mayor Ferre: Well, I mean, obviously, somebody is going to get an
alternate and so we are going to have to you know, pick straws or
something as to who gets the alternate.
Mr. Perez-Lugones: Mr. Mayor, I have a question about the word suspended
after five absences.
Mayor Ferre: I don't mean suspended, I mean, fired.
Mr. Plummer: Terminated.
Mayor Ferre: Terminated. Thank you, for the correction. Alright.
Mr. Plummer: Call the roll.
Mayor Ferre: I accept that.
Mr. Dawkins: Under discussion, Mr. Mayor. The other appointments
other than what we... to bring it up to the ten will be done at another
time after we reopen?
Mayor Ferre: Oh, yes, we have to advertise and go through the whole
process...
Mr. Carollo: I think what we need to identify the three remaining
members of the Zoning Board whom...
Mayor Ferre: No, I think after this it would be our intention--- my
intention anyway--- to vote on these vacancies right now.
Mr. Carollo: Right, but what I'm saying is the following, Mr. Mayor.,
so that we can start fresh with our appointments, I think we should
identify to whom the three present members or should I say who would
like to adopt the three present members and then from then on we
start...
Mayor Ferre: Well, you can begin by accepting Osvaldo Moran-Ribeaux
right?
Mr. Carollo: Yes, I will adopt Moran.
Mayor Ferre: Who will accept Wilfredo Gort, J. L.?
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Mr. Plummer: I accept Gloria Mary Basila.
Mayor Ferre: I don't think we need to get into that right now.
Mr. Carollo: Yes, we do. Otherwise, I'm going to put in the five
day rule.
Mayor Ferre: Ok. I got to tell you this Alvaro Romero was not
my motion and neither was Wilfredo Gort.
Mr. Carollo: That's Demetrio.
Mayor Ferre: Alvaro Romero is Demetrio's appointment
Mr. Perez: I think that the original apppoint of the former Commissioner
Lacasa was Bill Freixas, Guillermo Freixas.
Mayor Ferre: That's correct, but that... if we get two...
Mr. Carollo: Come on let's put our cards on the table. Alvaro komero
is Demetrio's and...
Mr. Perez: I nominate Alvaro Romero for the original. Anyhow
the original appointment was Guillermo Freixas, but if we have nine
members...
Mayor Ferre: Ten.
Mr. Carollo: Ten members.
Mr. Perez: Ten members, would be different.
Mayor Ferre: It is. That's what he is asking. He is saying that if
there is ten, then Alvaro Romero is yours whenever that comes up. Ok.
Now, we are with Wilfredo Gort.
Mr. Carollo: Ok, who wants him?
Mr. Dawkins: Do you want him Miller? Adoption time.
Mr. Dawkins: Like you say, what we all are running from is who is going
to have the second votes when the new one come up.
Mr. Carollo: Well, let's take one step at a time.
Mr. Dawkins: Well, I... you know, what I... you know, we have been
saying up here every since we have been here that the longevity is the
ruler. So, since Demetrio and I got here last I don't think we need
to adopt anybody. I think we should be grandfathered in and let somebody
else...Let the older hands take who's been here.
Mayor Ferre: That's right. Well, then I will tell you what, mine is
Alicia Baro. That is mine and that is the person from the very beginning
that I appointed.
Mr. Dawkins: Ok.
Mayor Ferre: And I would imagine under this kind of rule, Miller, that
the appointment that comes up under William R. Perry is your vote.
Mr. Dawkins: Right.
Mayor Ferre: Alright. And the appointment under Guillermo J. Freixas
would be the nomination of Demetrio. 0k. And Gloria Basila is J. L.
Plummer.
Mr. Dawkins: J. L. Plummer.
Mayor Ferre: Who appointed Victor De Yurre?
Mr. Dawkins: We all did because he was an alternate I think.
gl 88 1/26/64
Mir. Carollo: He is not there anymore is he?
Mr. Dawkins: See, but the problem becomes like Commissioner Carollo
says when time comes in 1984, 12/31/84 who is going to reappoint
Willie Gort or have that. Who is going to have Romero. Those are
the two... Ok, let's do this... Who appointed Wilfredo Gort? Did
Father Gibson appoint him?
Mayor Ferre: No, J. L. appointed Wilfredo.
Mr. hummer: I think that it originally was my appointment. Correct.
Mayor Ferre: Yes, but you know, in fairness to J. L., let's be fair.
In those days there were other appointments that were involved, ok.
So, J. L., in effect even though it was an unwritten law ended up
getting two appointments going way back ten years ago. He got Gort
and Basila, but there were other things that J. L., did not get to
appoint on. In fairness to...
Mr. Plummer: Well, you know, if you want to be fair, Joe, in fact
the last time he was reappointed it was by you. Ok. So,... but I'm
not holding that as a count to you. Ok.
Mr. Carollo: Don't throw the monkey on my back.
Mr. Plummer: No, no, no. You made the motion.
Mr. Carollo: I was the first one that, you know, broke ice and adopted
the first out of the three that were left.
Mr. Plummer: Ok, hey, there is no question the original appointment was
by myself.
Mr. Carollo: Now, I will tell you what if you guys want me to go ahead
and adopt all three, I will take all three and I will suffer the
consequence and I get three appointments.
Mayor Ferre: No, that's not fair.
Mr. Carollo: Well, ok, you can't have it both ways.
Mr. Plummer: I agree.
Mr. Carollo: So, you... you know, either you or Ferre...
Mr. Plummer: Would you consider a fifteen member board?
Mayor Ferre: Alright, let's get on.
Mayor Ferre: Maurice, you know, we have to decide on those three and
go from there, otherwise, it's just not going to work and if we can't
decide, then I will just call in the five day rule and you know, go
with what we have now.
Mr. Plummmer: (COMMENTS INAUDIBLE, NOT USING MIKE).
Mr. Carollo: Sure, but in order to be fair and each have two appointments...
Mayor Ferre: I have got a motion on the floor...
(BACKGROUND STATEMENT OFF THE PUBLIC RECORD)
Mayor Ferre: No, he is entitled. He is entitled. That's fair. Now,
the question is whether or not you are going to accept Willie Gort as
your appointment. It's just that simple.
Mr. Plummer: I will accept him as my appointment, yes....(INAUDIBLE).
Mayor Ferre: That's means when it comes up 12/31/84 it's your appointment.
Mr. Carollo: Right, ok. Ok, that's that. Demetrio...
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89 1/2b/84
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Mr. Plummer: (COMMENT INAUDIBLE, NOT USING MIKE).
Mayor Ferre: Alright, who is going to accept Victor De Yurre as an
appointment?
Mr. Carollo: Demetrio has got Romero to be accepted.
Mayor Ferre: That's right.
Mr. Carollo: Plummer accepted Gort and I have accepted Moran. Those
are the three that, you know, have time remaining. Now, the four that
are up you have... who do you have there? Perry,... You are accepting
Perry's seat, right Miller? Freixas...
Mr. Perez: Freixas was the original appointment of Lacasa.
Mr. Carollo: No, that's where you are wrong on that as far as the
switch in there.
Mayor Ferre: Hey, the question is that everybody would get two
appointments and it's very simple, Plummer has Gort and Basila, Demetrio
has Romero and Freixas. Ok. At this point...
Mr. Carollo: Ok, then I will take one of the new ores that is going to
be added on.
Mayor Ferre: And the problem is and I think what's going to happen
is well who is going to claim Victor De Yurre. I realize that Marie,
but there is ten appointments. Ok. If we each get two... do you follow
me? Then that's where we end up with the problem. Because my
appointments are Alicia Baro and I don't have any other appointments
at this time.
Mr. Carollo: Well, I will accept one of the new ones.
Mayor Ferre: And so will I.
Mr. Perez: But how do we vote for the new one? Do we have to make
a public annoucement and the whole thing.
Mr. Carollo: Well, why don't we do this then, for the alternate why
don't we pick of out the hat and see who gets the alternate?
Mayor Ferre: Who does what?
Mr. Carollo: We will pick out of a hat to see who gets the alternate
since there will be nine members.
Mayor Ferre: Fine. I think that's valid.
Mr. Carollo: Ok, I will tell you what I will do. I will put five
piece of papers and I will put an "x" in one, whoever gets the "x"
gets the alternate.
Mr. Plummer: (COMMENT INAUDIBLE, NOT USING MIKE).
Mr. Carollo: You let me worry about it.
Mayor Ferre: No, no,... you see the only problem is is if that happens
then who is going to claim Gloria Basila or...
Mr. Carollo: Well, if someone has got two already then they are going
to have give one up for the alternate.
Mr. Plummer:(COMMENT INAUDIBLE, NOT USING MIKE).
Mr. Carollo: No, no, everybody will have two. It's just somebody will
have an alternate and a permanent one.
Mr. Dawkins; Ok. Well, can ... no, no, no, why can't we do this. Why
can't we do what... the lottery that you are setting up now we do that
every year, every time the alternate comes up you do that and it belongs
to whoever gets it.
90 1/26/84
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Mayor Ferre: The problem with that Miller, is that then one of us
would end up with only one appointment. Sure, because there are only
nine.
Mr. Plummer: Unless the person who had only one would be the... get
to appoint the alternate.
Mayor Ferre: That will be fine if one of the three of us ends up with
the "x". If Demetrio or Plummer ends up with the "x" it screws the
whole thing up.
(BACKGROUND COMMENTS INAUDIBLE).
Mayor Ferre: No, it will work if one of the three gets the "x".
(BACKGROUND COMMENT INAUDIBLE).
Mayor Ferre: , but let's not cross that bridge until it happens.
One of the three of us may get the "x". (COMMENT INAUDIBLE).
(BACKGROUND COMMENT INAUDIBLE).
Mayor Ferre: I said this will work fine provided you and Demetrio
don't end up getting the "x". If you get the "x" then it screws the
whole thing up.
(AT THIS POINT THE DRAWING BEGINS TO DETERMINE WHICH COMMISSIONER WILL
GET THE ALTERNATE APPOINTMENT).
Mr. Carollo: Plummer got the "x".
Mayor Ferre: So we are back to peg one.
Mr. Carollo: If Plummer will just adopt Willie Gort and he gets the
"x" and Basila.
Mr. Plummer: So, in other words, as I understand it my good fortune
is I get Gort, Basila and the alternate.
Mr. Carollo: No, you get the alternate and pick your choice of Basila
and Gort.
Mr. Dawkins: No, Gort is already there.
Mr. Carollo: Yes. Well, then take Gort... It's up to you. Who do
yos want to pick?
Mr. Plummer: Oh, no, that was not my understanding.
Mr. Carollo: Sure, what do you mean.
Mr. Plummer: No, no, no.
Mr. Carollo: Hey, it was more than clear.
Mr. Plummer: That's why I said somebody was going to get one and
somebody else was going to get three.
Mr. Carollo: You got the alternate and you get to pick between Basila
and Gort.
Mayor Ferre: I told you that it would only work if only one of us
three got the "x".
Mr. Carollo: Well, the rules were made clear and if I would have gotten
it.
Mr. Plummer: No, my understanding was whoever got the "x" would have
three.
Mr. Carollo: Come or J. L., no. Everybody would have two, how can
they have three.
91 1/26/84
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Mr. Plummer: Well, somebody was going to get one. That was my
understanding. The "x" was the bonus.
Mr. Carollo: Then how come you didn't want the "x"?
Mr. Plummer: No, I did want the "x".
Mr. Carollo: If it was a bonus how come you didn't want it before.
Mr. Plummer: No, I did want the "x".
Mr. Dawkins: Let me explain why I didn't participate. This is the
first time that I as a Black, which I'm a Commissioner who is Black
will have a chance to put two Blacks on the Zoning Board.
Mayor Ferre: That's right.
Mr. Dawkins: So, I guess... I mean, it's selfish and what have you
but that why I didn't participate.
Mayor Ferre: That's alright. That's fair. I think the point is
very simply this that as of right now the impasse is that there is
the fact that J. L. has Basila, Gort and he wants de Yurre and that's
three and the problem is that we can only do this on the premise that
each one of us gets two.
Mr. Carollo: Well, Maurice, look I thought 'I made it real clear
now, you know, they say it's not clear. I think since all this is
your idea you should take de Yurre and that would settle everything.
Mayor Ferre: As I told you in the very beginning Joe, that this system
would work very well as long as...
Mr. Carollo: Well, you want to do the... you want to do this again?
Now, that everybody understands how it works, you want to do it again?
Mr. Dawkins: No.
Mayor Ferre: See, as long as the "x" is gotten by you, Miller or I
there is no problem. The problem only occurs if the "x" is pulled
by Perez and Plummer, because they already have two, see, and then
they end up with three and that creates a problem and that's what's
happened. That's exactly what occurred. Now, there is no other
solution...
Mr. Perez: But I think that the difference is only between you and
Miller, because Joe has two, Moran and the new one. You only have one,
Baro.
Mayor Ferre: I have two, too. And I want two just like everybody else.
Mr. Perez: Ok, why don't you try get the 'W'.
Mayor Ferre: And Miller wants two just like everybody else. See, I
don't... at this stage of the game I think the only way we can do it
is if we want to do it and play fair J. L., is that you...
gl
92/93 1/26/84
The following motion was introduced by Mayor Ferre, who
moved its adoption:
MOTION NO. 84-106
A MOTION OF THE CITY COMMISSION IN-
STRUCTING THE CITY ATTORNEY TO PREPARE
THE NECESSARY ORDINANCE TO AMEND THE
CITY OF MIAMI CODE TO PROVIDE FOR THE
EXPANSION OF THE PLANNING ADVISORY BOARD
AND THE ZONING BOARD TO BE COMPRISED OF
NINE (9) MEMBERS AND ONE (1) ALTERNATE
MEMBER EACH; FURTHER STIPULATING AS
FOLLOWS:
(1) A QUORUM, FOR BOTH BOARDS, SHALL
CONSIST OF FIVE (5) PERSONS AND IT
SHALL REQUIRE FIVE VOTES FOR ANY-
THING TO BE PASSED BY EITHER BOARD;
(2) MEMBERS MUST MEET MINIMUM BASIC
EDUCATIONAL REQUIREMENTS AND MUST
HAVE SOME PREVIOUS EXPERIENCE IN THE
FIELDS OF PLANNING AND/OR ZONING.
MEMBER MUST ALSO EXHIBIT A BASIC
KNOWLEDGE OF THE ENGLISH LANGUAGE
AND ANY MEMBER WHO MISSES A TOTAL OF
FIVE MEETINGS IN ANY CALENDAR YEAR
SHALL BE AUTOMATICALLY SUSPENDED;
(3) A POLICY SHALL BE ESTABLISHED RE-
QUIRING THAT ANY MEMBER WHO IS
APPOINTED TO EITHER BOARD SHALL
APPEAR BEFORE THE CITY COMMISSION TO
PRESENT HIS/HER CREDENTIALS AND TO
ANSWER PERTINENT QUESTIONS; FURTHER
STIPULATING THAT THERE SHALL BE NO
EXCEPTIONS TO THIS RULE;
(4) A POLICY SHALL BE ESTABLISHED ALLOW-
ING EACH MEMBER OF THE CITY COMMIS-
SION TO NOMINATE TWO (2) MEMBERS TO
EACH BOARD, SUBJECT TO SAID NOMINA-
TIONS BEING RATIFIED BY THE FULL
COMMISSION.
Upon being seconded by Commissioner Plummer, the
motion was passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
NOTE FOR THE RECORD: Mr. George Sands was nominated by
Commissioner Miller Dawkins.
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 84-107
A RESOLUTION APPOINTING AN INDIVIDUAL AS
A MEMBER OF THE CITY ZONING BOARD TO
SERVE THE REMAINDER OF AN UNEXPIRED TERM
EXPIRING DECEMBER 31, 1985.
RT 94 1/26/84
0
0
(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 Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: Mr. Reinaldo Cruz was nominated by
Vice -Mayor Demetrio Perez. The nomination of Reinaldo Cruz
failed by the following vote -
AYES: Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Commissioner Joe Carollo
NOTE FOR THE RECORD: Mr. Guillermo J. Freixas was nominated
by Vice -Mayor Demetrio Perez.
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 84-108
A RESOLUTION APPOINTING AN INDIVIDUAL AS
A MEMBER OF THE CITY ZONING BOARD TO
SERVE A TERM EXPIRING DECEMBER 31, 1985.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Plummer, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
ABSENT: None.
NOTE FOR THE RECORD: Mayor Ferre nominated Alicia Baro then
rescinded the nomination and nominated Jon H. Channing.*
The following resolution was introduced by Mayor Ferre,
who moved its adoption:
RESOLUTION NO. 84-109
A RESOLUTION APPOINTING ONE INDIVIDUAL
AS A MEMBER OF THE CITY ZONING BOARD TO
SERVE A FULL TERM EXPIRING DECEMBER 319
1986.
RT 95 1/26/84
Ll
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Carollo, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
*Mayor Ferre: For the record, Marie just reminded me, the
reason I did that is because Alicia Baro had asked that her
name be withdrawn and I had forgotten that.
NOTE FOR THE RECORD: Gloria M. Basila was nominated by
Commissioner Plummer.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-110
A RESOLUTION APPOINTING ONE INDIVIDUAL
AS A MEMBER OF THE CITY ZONING BOARD TO
SERVE A FULL TERM EXPIRING DECEMBER 31,
1986.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Carollo, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: Mr. Victor Henry de Yurre was nominat-
ed by Commissioner J. L. Plummer as an alternate.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-111
A RESOLUTION APPOINTING AN INDIVIDUAL AS
AN ALTERNATE MEMBER OF THE CITY ZONING
BOARD TO SERVE A FULL TERM EXPIRING
DECEMBER 31, 1986.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
RT 96 1/26/84
Upon being seconded by Commissioner Carollo, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mayor Ferre: Now, on the two newly created vacancies, the
moment this passes as an ordinance, you must readvertise.
And just so that the record is clear, and I will not end up
having people upset with me, I am on the record putting that
I will be nominating Lorenzo Luaces to that seat, just so
that we don't have any...
Mr. Carollo: And for the record, I don't have any objec-
tions to that nomination and I would vote for it.
Mr. Plummer: Likewise.
Mr. Carollo: For my nomination, I would like to see all the
applications and study them before I make my decision who to
vote for.
Mr. Plummer: Wait a minute, let me understand. There are
three nominations yet to be made.
Mayor Ferre: Two.
Mr. Plummer: Oh, that's right, you put Jon Channing in
Alicia's seat.
Mayor Ferre: That's correct.
Mr. Plummer: So there are two yet to be made.
Mayor Ferre: That's correct.
Mr. Plummer: One is your's and one is Carollo's.
Mayor Ferre: That is correct. All right, there will then
be a vacancy in the seat held by Lorenzo Luaces which I will
assume that he will resign and that will be a vacancy.
Mr. Plummer: He has to, he can't hold two.
Mayor Ferre: Now, I recognize the appointment of Lorenzo
Luaces, that was my appointment. Now, who nominated Jose
Correa?
Mr. Plummer: I think I did.
Mr. Carollo: Yes, it was Plummer that did.
Mr. Perez: I think Lorenzo Luaces was appointed by Lacasa.
Mayor Ferre: Lorenzo Luaces was appointed by Lacasa, you're
right. I don't remember who I had then. Who do I have?
Mr. Plummer: You nominated Pat Kolski, I know for sure.
Mayor Ferre: Pat Kolski, you're right.
Mr. Carollo: No, as I recall, I nominated Pat Kolski.
HT 97 1/26/84
0 t
Mayor Ferre: Well, I don't care who does what. Now, who do
you want to claim? Plummer claims Jose Correa.
Mr. Plummer: Mr. Mayor, my two on there presently are
Correa and Garcia, Armesto. I nominated them.
Mayor Ferre: All right. I have Luaces, I don't know who
has Kolski and Thomas Diego was your's.
Mr. Perez: No, but Luaces was Armando Lacasa's appointment.
Mayor Ferre: Do you want Luaces?
Mr. Perez: Yes, sure.
Mayor Ferre: Fine, I've got no problem. He's claiming the
seat, not the name. You have Luaces, and you also have
Thomas Diego, Demetrio.
Mr. Perez: And who do you have?
Mayor Ferre: I thought I had Luaces, but you have Thomas
Diego and Luaces. He has Correa and Armesto. Who takes
Kolski? Who nominated Kolski?
Mr. Carollo: I did.
Mayor Ferre: Okay. Then that means that I ... All right,
so you have Cyril Smith and one other vacancy and I'll take
Aaron Manes and one other vacancy and I don't care which
one. Okay?
Mr. Plummer: So on that kind of a situation then I have no
appointment at the present time to the Planning Board. I'm
saying I have none to make, I am locked in to 84 and 85.
Mayor Ferre: That's right. Now, I don't care, if you want
me to take Lorenzo Luaces I'll do it, I've got no problem
with that and then you get another vacancy. One way or the
other you get another appointment because Luaces has to
resign so it doesn't make any difference. So as of right
now, then I will do it this way:
NOTE FOR THE RECORD: Aaron J. Manes was nominated by Mayor
Ferre.
The following resolution was introduced by Mayor Ferre,
who moved its adoption:
RESOLUTION NO. 84-112
A RESOLUTION APPOINTING ONE INDIVIDUAL
AS A MEMBER OF THE CITY PLANNING ADVISO-
RY BOARD TO SERVE A FULL TERM EXPIRING
DECEMBER 31, 1986.
(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 Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
RT 98 1/26/84
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: Donald F. Benjamin was nominated by
Commissioner Miller J. Dawkins.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 84-113
A RESOLUTION APPOINTING ONE INDIVIDUAL
AS A MEMBER OF THE CITY PLANNING ADVISO-
RY BOARD TO SERVE A FULL TERM EXPIRING
DECEMBER 31, 1986
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Plummer, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: Dorothy L. Spohn was nominated by
Mayor Ferre as an alternate.
The following resolution was introduced by Mayor Ferre,
who moved its adoption:
RESOLUTION NO. 84-114
A RESOLUTION APPOINTING ONE INDIVIDUAL
AS AN ALTERNATE MEMBER OF THE CITY
PLANNING ADVISORY BOARD TO SERVE A FULL
TERM ENDING DECEMBER 31, 1986.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Plummer, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mayor Ferre: All right, now what that means...
Mr. Carollo: I've got one of the new appointments for Plan-
ning, Pat Kolski plus one of the new ones.
RT 99 1/26/84
r
Mayor Ferre: That's correct. And you've got another one
coming. Is there further discussion on these appointments?
--------r--------------------r-------------------------r--- r
40. FIRST READING ORDINANCE: AMEND ART. 20-GENERAL & SUPPLE-
MENTARY REGULATIONS, SUBSEC. 2008.9.2.2 OF ORD. 9500 -
TO PROVIDE MINIMUM DISTANCE WITHIN THE BASE BUILDING
LINE ALONG ONE SIDE OF A VISIBILITY TRIANGLE, FURTHER
AMENDING ART. 22 ("FUNCTIONS AND RESPONSIBILITIES... IN
CONNECTION TO ZONING").
------------------------------------------------------------
Mayor Ferre: We're on Item 17. Is there anybody here who
is an objector or wishes to speak on this issue?
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE TEXT OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, BY AMEND-
ING SUBSECTIONS 2008.9.2.2 PERTAINING TO
"VISION CLEARANCE AT INTERSECTIONS," TO
PROVIDE A MINIMUM 10 FEET MEASUREMENT
WITHIN THE BASE BUILDING LINE ALONG ONE
SIDE OF A VISIBILITY TRIANGLE; AND
AMENDING SECTION 2200 BY CLARIFYING
LANGUAGE PERTAINING TO INTERPRETATION
AND ENFORCEMENT OF THE ZONING ORDINANCE;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by
Commissioner Perez and was passed on its first reading by
title by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
NOTE FOR THE RECORD: Commissioner Carollo left the meeting
at 5:15 P.M.
41. SECOND READING ORDINANCE: AUTHORIZE ISSUANCE SUBJECT TO
ELECTION FOR $30,0009000 IN STORM SEWER IMPROVEMENT
BONDS OF THE CITY OF MIAMI, FLORIDA.
----------------------------- ------------------------------ -
Mayor Ferre: Mr. Manager we'll take up the bond issues next
before we lose another member of the Commission. The first
one before us is Item 21.
Mr. Gary:
$309000,000
sewer...
This is for the storm sewer, Mr. Mayor,
which will enable us to continue our storm
RT 100 1 /26/84
t
AN ORDINANCE -
AN ORDINANCE AUTHORIZING THE ISSUANCE
SUBJECT TO THE ELECTION HEREIN PROVIDED
FOR, OF $30,000,000 STORM SEWER IMPROVE-
MENT BONDS OF THE CITY OF MIAMI, FLORI-
DA, FOR THE PURPOSE OF PAYING THE COST
OF STORM SEWER IMPROVEMENTS IN THE CITY
OF MIAMI, INCLUDING THE CONSTRUCTION OF
STORM SEWERS, PUMPING STATIONS AND
OUTLETS, CULVERTS OVER OR ENCLOSING
STREAMS, WELLS, OTHER TYPES OF LOCAL
DRAINAGE FACILITIES, THE RELAYING OF ANY
DAMAGED STREETS OR SIDEWALKS, AND THE
ACQUISITION OF ANY NECESSARY LAND,
PROVIDING FOR THE LEVY AND COLLECTION OF
AD VALOREM TAXES TO PAY SUCH BONDS
Passed on its first reading by title at the meeting of
January 19, was taker, 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 J. L. Plummer, Jr
Commissioner Miller J. Dawkins
Vice -Mayor Demetrio J. Perez
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9781.
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.
Mr. Garcia -Pedrosa: Mr. Mayor, let the record reflect that
no one is here to speak on this item.
Mayor Ferre: I'm sorry, is there anybody here who wishes to
speak on Item 21? Is there anybody here who wishes to speak
on Item 21? Let the record reflect that no one stood up to
speak on Item 21.
42. SECOND READING ORDINANCE: PROVIDING FOR THE HOLDING OF
A SPECIAL MUNICIPAL ELECTION ON MARCH 13, 1984 WITH
RESPECT TO ISSUANCE OF $309000vO00 STORM SEWER IMPROVE-
MENT BONDS.
AN ORDINANCE -
AN ORDINANCE PROVIDING FOR THE HOLDING
OF A SPECIAL MUNICIPAL ELECTION IN THE
CITY OF MIAMI, FLORIDA, ON MARCH 13,
19840 WITH RESPECT TO THE ISSUANCE OF
$30,000,000 STORM SEWER BONDS.
Passed on its first reading by title at the
January 19, was taken up for its second and final
title and adoption. On motion of Commissione
seconded by Commissioner Dawkins, the Ordinance wa
on given its second and final reading by title
and adopted by the following vote -
meeting of
reading by
r Plummer,
s thereup-
and passed
RT 101 1/26/84
4 #
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice -Mayor Demetrio J. Perez
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9782.
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.
NOTE FOR THE RECORD: ITEM NO. 23 WAS BRIEFLY DISCUSSED AND
TEMPORARILY DEFERRED AT THIS POINT.
43• SECOND READING ORDINANCE: AUTHORIZE ISSUANCE SUBJECT TO
ELECTION OF i3590009000 PARKS AND RECREATIONAL FACILI—
TIES BONDS.
+—
Mayor Ferre: Take up 25. Does anybody wish to speak on
Item 25? Does anybody wish to speak on Item 25? Let the
record reflect that nobody stood up on that.
Mr. Perez: Let me clarify something. At the time that we
vote for this bond issue to go to election, are we deciding,
are we supporting in full the proposal that the administra-
tion has sent?
Mayor Ferre: Yes.
Mr. Perez: Or do we have an opportunity to review?
Mayor Ferre: No, you don't have an opportunity to review in
the general sense.
Mr. Perez: But in details about the parks, do we have an
opportunity to review and discuss?
Mayor Ferre: Oh yes, but in the category....
Mr. Perez: We are approving in general what is the feeling
of the motion.
Mayor Ferre: Demetrio, yes and no - yes in the general
$10,000,000 issues but in those issues that say $5,000,000
for Virginia Key, $5,000,000 for Bayfront Park and
$5,000,000 for the Navy Station in Coconut Grove, that is
specific. The rest of it you can discuss.
Mr. Gary: Which is $20,000,000.
Mr. Perez: In accordance with the legal basis today, the
last time that we have....
Mayor Ferre: You have flexibility with the $20,000,000.
RT 102 1/26/84
6 #
AN ORDINANCE -
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, DEVEL-
OPING, EXTENDING, ENLARGING AND IMPROV-
ING PUBLIC PARK AND RECREATION FACILI-
TIES IN THE CITY OF MIAMI, INCLUDING
FACILITIES PROPERLY APPURTENANT THERETO,
THE ACQUISITION AND THE IMPROVEMENT AND
FILLING, OF LAND FOR SUCH PURPOSES AND
THE ACQUISITION OF EQUIPMENT THEREFOR;
PROVIDING FOR THE LEVY AND COLLECTION OF
AD VALOREM TAXES TO PAY SUCH BONDS.
Passed on its first reading by title at the meeting of
January 19, was taken up for its second and final reading by
title and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Perez, the Ordinance was thereupon
given its second and final reading by title and passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio J. Perez
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
NOES: Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9783.
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
44. SECOND READING ORDINANCE: PROVIDING FOR THE HOLDING OF
A SPECIAL MUNICIPAL ELECTION MARCH 13, 1984 WITH RESPECT
TO THE ISSUANCE OF $35,0009000 PARKS AND RECREATIONAL
FACILITIES BONDS.
Mayor Ferre: Anybody wishing to speak on Item 26? Let the
record reflect nobody stood up.
AN ORDINANCE -
AN ORDINANCE PROVIDING FOR THE HOLDING
OF A SPECIAL MUNICIPAL ELECTION IN THE
CITY OF MIAMI, FLORIDA, ON MARCH 13,
19849 WITH RESPECT TO THE ISSUANCE OF
$35,000,000 PARK AND RECREATION FACILI-
TIES BONDS.
Passed on its first reading by title at the
January 19, was taken up for its second and final
title and adoption. On motion of Commissioner
seconded by Commissioner Perez, the Ordinance was
given its second and final reading by title and
adopted by the following vote-
meeting of
reading by
Plummer,
thereupon
passed and
RT
103
1/26/84
AYES: Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio J. Perez
Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins
ABSENT: Commissioner Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9784.
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.
Mr. Dawkins: Let me clarify my vote, because the Manager
seemed to have some difficulty with my vote.
Mayor Ferre: All right, we're on Items 25 and 26.
Mr. Dawkins: Mr. Manager, I have voted with Park and Recre-
ation bonds ever since I've been in Miami. I lived across
the street directly from a park, when the City of Miami
passed the Parks for People Bonds they were supposed to have
put a football score board on the field, it has never been
put there and that was 10 years ago. I have just seen the
City of Miami allocate - how much money did we allocate for
the upgrading of Hadley Park, sir?
Mr. Gary: A million dollars.
Mr. Dawkins: A million dollars. I personally do not see a
million dollars worth of work. So I, for one, do not see
where we vote for bonds and inner city parks reap benefits.
See? So that's my only problem.
45. SECOND READING ORDINANCE: AUTHORIZE ISSUANCE SUBJECT TO
ELECTION PROVIDING FOR THE ISSUANCE OF $10,0009000
SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT
BONDS OF THE CITY OF MIAMI, FLORIDA.
Mayor Ferre: Now we're on Item 29 which is the
Overtown/Park West Community. Does anybody wish to speak
about the Overtown Bonds? Does anybody wish to speak on 29?
Let the record reflect nobody stood up on that.
AN ORDINANCE -
AN ORDINANCE AUTHORIZING THE ISSUANCE
SUBJECT TO THE ELECTION HEREIN PROVIDED
FOR $10,0009000 SOUTHEAST OVERTOWN/PARK
WEST COMMUNITY REDEVELOPMENT 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 INFRA-
STRUCTURE IMPROVEMENTS, FINANCIAL ASSIS-
TANCE FOR THE CONSTRUCTION OF LOW AND
MODERATE INCOME HOUSING, HISTORIC PRES-
ERVATION, AND THE CONSTRUCTION OF RE-
PLACEMENT HOUSING FOR RESIDENTIAL DIS-
PLACEES; AND PROVIDING FOR THE LEVY AND
COLLECTION OF AD VALOREM TAXES TO PAY
SUCH BONDS.
RT 104 1/26/84
Passed on its first reading by title at the
January 19, was taken up for its second and final
title and adoption. On motion of Commissioner
seconded by Commissioner Perez, the Ordinance was
given its second and final reading by title and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr
Commissioner Miller J. Dawkins
Vice -Mayor Demetrio J. Perez
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9785.
meeting of
reading by
Dawkins,
thereupon
passed and
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
46. SECOND READING ORDINANCE: PROVIDE FOR THE HOLDING OF A
SPECIAL MUNICIPAL ELECTION MARCH 13, 1984 WITH RESPECT
TO THE ISSUANCE OF $10,000,000 SOUTHEAST/OVERTOWN/PARK
WEST COMMUNITY REDEVELOPMENT BONDS.
Mayor Ferre: Take up Item 30. Does anybody wish to speak
on 30? Let the record reflect nobody stood up.
AN ORDINANCE -
AN ORDINANCE PROVIDING FOR THE HOLDING
OF A SPECIAL MUNICIPAL ELECTION IN THE
CITY OF MIAMI, FLORIDA, ON MARCH 13,
1984, WITH RESPECT TO THE ISSUANCE OF
$10,000,000 SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT BONDS.
Passed on its first reading by title at the
January 19, was taken up for its second and final
title and adoption. On motion of Commissioner
seconded by Commissioner Perez, the Ordinance was
given its second and final reading by title and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr
Commissioner Miller J. Dawkins
Vice -Mayor Demetrio J. Perez
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9786.
meeting of
reading by
Dawkins,
thereupon
passed and
The City Attorney read the ordinance into the public
record and stated that copies were available to the City
Commission and to the public.
RT
105
1/26/84
47. SECOND READING ORDINANCE: AUTHORIZE ISSUANCE SUBJECT TO
ELECTION FOR $200000,000 POLICE HEADQUARTERS AND CRIME
PREVENTION FACILITIES BONDS FOR THE CITY OF MIAMI,
FLORIDA.
-----------------------------------------------------------
Mayor Ferre: Are we ready now on Item 23? Does anybody
wish to speak on Item 23? All right, are we ready? All you
have to do is change the 15 to 20 for crying out loud.
Mayor Ferre: Under discussion, Mr. City Attorney, would we
in any way be precluded from using these moneys to build one
or two police substations the way this thing is written?
Mr. Garcia -Pedrosa: No, sir. You will not be precluded
from doing so.
Mayor Ferre: We could use the moneys, if the people voted
for it, to build two substations or more.
Mr. Garcia -Pedrosa: You could.
Mayor Ferre: Thank you, sir.
Mr. Perez: Yes, but it is important to clarify that it is
different from the concept of the substation and what they
are proposing here. What they propose is a store front.
They don't propose any substations.
Mayor Ferre: No, they're not proposing anything, they
aren't proposing substations or store fronts, I'm just
asking for the record that we can, we the Commission can
vote for substations and the answer is yes, so that's it,
that's all we want to know. That covers it. Further dis-
cussion? Call the roll.
AN ORDINANCE -
AN ORDINANCE AUTHORIZING THE ISSUANCE,
SUBJECT TO THE ELECTION HEREIN PROVIDED
FOR, OF $20,000,000 POLICE HEADQUARTERS
AND CRIME PREVENTION FACILITIES BONDS OF
THE CITY OF MIAMI, FLORIDA, FOR THE
PURPOSE OF PAYING THE COST OF POLICE
HEADQUARTERS AND CRIME PREVENTION FACIL-
ITIES IN THE CITY OF MIAMI, INCLUDING
THE CONSTRUCTION OF ADDITIONS TO THE
POLICE HEADQUARTERS BUILDING, THE ACQUI-
SITION AND INSTALLATION OF ELECTRONIC
COMMUNICATION AND COMPUTER EQUIPMENT AND
FACILITIES, THE PROVISIONS OF FACILITIES
FOR TRAINING, PROPERTY UNIT AND OTHER
POLICE PURPOSES, SUCH AS STORING AND
SAFEGUARDING IMPOUNDED VEHICLES, WEAP-
ONS, INSTRUMENTS AND RECORDS, AND MATE-
RIALS HELD AS EVIDENCE, AND OTHER PER-
SONAL PROPERTY, AND THE ACQUISITION OF
ANY NECESSARY LAND AND OTHER EQUIPMENT,
PROVIDING FOR THE LEVY AND COLLECTION OF
AD VALOREM TAXES TO PAY SUCH BONDS.
Passed on its first reading by title at the meeting of
January 19, 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-
RT 106 1 /26/84
0
41
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice -Mayor Demetrio J. Perez
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9787.
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.
48. SECOND READING ORDINANCE: PROVIDE FOR THE HOLDING OF A
SPECIAL MUNICIPAL ELECTION MARCH 13, 1984 WITH RESPECT
TO THE ISSUANCE OF $20,000,000 CRIME PREVENTION FACILI-
TIES BONDS.
Mayor Ferre: Take up Item 24. Does anybody wish to speak
on Item 24?
Mr. Plummer: Changing the figures.
Mr. Garcia -Pedrosa: As amended.
AN ORDINANCE -
AN ORDINANCE PROVIDING FOR THE HOLDING
OF A SPECIAL MUNICIPAL ELECTION IN THE
CITY OF MIAMI, FLORIDA, ON MARCH 13,
19849 WITH RESPECT TO THE ISSUANCE OF
$20,000,000 POLICE HEADQUARTERS AND
CRIME PREVENTION FACILITIES BONDS.
Passed on its first reading by title at the meeting of
January 19, was taken up for its second and final reading by
title and adoption. On motion of Commissioner Dawkins,
seconded by Commissioner Perez, the Ordinance was thereupon
given its second and final reading by title and passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice -Mayor Demetrio J. Perez
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9788.
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.
HT 107 1/26/84
------------------------------------------------r -----------
SECOND READING ORDINANCE: AUTHORIZE ISSUANCE SUBJECT TO
ELECTION FOR $55,000,000 ORANGE BOWL MODERNIZATION BONDS
OF THE CITY OF MIAMI, FLORIDA.
Mayor Ferre: All right, take up Item 27.
tion? All right Ernie, the Chair recognizes
Is there a mo-
you.
NOTE FOR THE RECORD: Commissioner Perez left the meeting at
5:28 P.M.
Mr. Ernie Fannatto: Mr. Mayor
bond issue for the stadium
$110,000,000. Now, I
a little attention.
with the call. Mayor,
of money that the bond
for 25 years and what
cost. Well, Mr. Mayor,
Mayor Ferre:
have
I'll
there
issue
the
when
your
wait
you know, Manager says the
would cost approximately
figures, if you don't mind,
until Plummer gets through
was some question of the amount
was going to cost the taxpayers
$30,000,000 issue was going to
you get ready I'll start in.
Okay, I'm sorry Ernie, go right ahead.
Mr. Fannatto: In the minutes the Manager said the bond
issue was going to cost approximately $110,000,000 and I
disputed that. I also said that you voted for $420,000,000
or $440,000,000 worth of bond issues, all together it is
going to cost that much. But I only want to bring in a
statement. I think the public has got a right to know what
the $55,000,000 bond issue is going to cost over 25 years or
30 years and what they're going to have to pay every year.
I think in the minutes they should be and I think the press,
I'm not here to give publicity, but I think the press should
tell the public what they're going to have to pay and there
is going to be a deficit because we never show more than a
million dollars of profit in the Orange Bowl even with
Robbie. So let me give you the Finance Director of the City
of Miami's figures who I have right here. The $55,000,000
bond issue here for 25 years will cost $147,000,000 and not
$110,000,000 as your Manager told you and it is going to
cost payments of $5,896,000 a year and not what the figures
were quoted. So let's go onto the $30,000,000, the total
will be, as I said, $147,000,000. On the $30,000,000 issue
it is going to be close, I mean $170,000,000 and the pay-
ments are going to have to be paid per year, $5,831,000.
Now this is a lot different, Mr. Mayor... Mr. Mayor, you
don't mind do you? You're the Mayor, and you're going to
allow these figures that the manager told you a minute ago
which were false figures, not accurate, a man who is the
highest paid Manager in this country, you can laugh all you
want, Mr. Manager, you know, I have to judge you by your
ability not for what you're paid. And let me tell you
something, you should have these figures right here at the
meeting. I shouldn't have to get them from the Finance
Director. You didn't get them, you put that into the Com-
mission, that was your duty to. You come up with figures
that weren't accurate. And let me tell you something,
that's not becoming of the highest paid manager in the
country and I hate to tell you that. So, Mr. Mayor, I want
the public to know what these figures are so that they'll
know the truth, let them vote, I'll abide by the wishes of
the people in this community. I'm on record as saying that
we don't have signed contracts to pay these off under any
conditions and if you want to vote for them you're voting
for pure speculation but not business signed contracts that
can pay off the debt. The public will have to pay taxes,
approximately about $5,000,000, $4,800,000 or whatever it is
going to be, to make up all the deficit in this improvement
RT 108 1/26/84
0 4
and I think they should be told. These are not my figures,
these are not my figures, these are your own Finance Direc-
tor's figures. So let's not kid the public, if you want to
be business let's be business, let the public vote, I'll
abide by the wishes but give them the right figures. Okay,
that's all I have to say.
Mr. Gary: Mr. Mayor, I'd like to first of all inform, as
the highest paid City Manager in the country, I'd like to
respond to Mr. Ernie Fannatto. We were both wrong, Mr.
Ernie Fannatto said $130,000,000, I said $110,000,000 and it
is $147,400,000, And, Mr. Mayor, we have all the details
for you, we'll provide it for you and to the public and I'd
like Mr. Fannatto to know that we have an assessed value,
Mr. Fannatto, of 8.5 billion dollars in the City of Miami,
our debt limitation is 1.275 billion, we only have an out-
standing debt of 121 million which is only 1.43% of our
assessed value and less than 10% of what we're authorized.
I would also like to say, Mr. Mayor, I will be in Tampa
tomorrow talking to USFL on your behalf, no commitments will
be made, we will bring information back to you.
Mr. Fannatto: Mr. Mayor, I'm talking about the cost of the
Orange Bowl Stadium if it passes. He's talking about some-
thing different.
Mayor Ferre: No, he's not, he's talking about the same
thing.
Mr. Fannatto: Now, who is right, the Manager or the Finance
Director?
Mayor Ferre: The Fiance Director and the Manager have
agreed with....
Mr. Fannatto: No, they're different figures so one of them
is wrong, Mayor.
Mayor Ferre: He said 147.4.
Mr. Gary: 147.4.
Mr. Fannatto: Why did you say 103? I never said 103.
Mayor Ferre: He stands corrected, Ernie. Thank you very
much for bring up ----
Mr. Fannatto: Mr. Manager, the taxpayers in this Community
are paying this man that salary. and he should have the
figures before he starts in.
Mr. Gary: Keep it clean, Ernie.
Mr. Fannatto: And let me tell you, Mr. Manager, you know,
you're on trial for this money because I've got news for
you - if you produce, fine, if you don't produce I think at
the next election this is going to be an issue.
Mr. Dawkins: I hope so, and I also hope that you guys bring
up Leonard Britton's raise and Merritt Stierheim's raise, I
am tired of you guys harping on his raise because he's the
highest paid man. I get tired of hearing people hop on the
fact that Howard Gary is the highest paid Manager in the
damned United States and you give other people money every
day and you don't say nothing about it. Is Leonard Britton
worth everything he's getting plus a merit raise? You're
damned right he is because he is running the best school
system in the world and by the same token this manager is
entitled to whatever he can get. Okay.
RT 109 1/26/84
t 4
Mr. Fannatto: Mayor, you don't mind me answering Commis-
sioner Dawkins. Commissioner Dawkins, Mr. Britton has about
20 some years experience, your Manager has two years experi-
ence. Now, if you want to pay him that much money with two
years experience that is your business. And if you don't
mind paying that much money with two years experience but
he's got to produce. But Britton comes up with figures when
he comes up to the Commission Meeting but your manager
doesn't.
Mayor Ferre: Thank you, Ernie.
Mr. Plummer: Can I make a statement?
Mayor Ferre: In reference to item 27? Yes.
Mr. Plummer: No, in reference to a comment that was made by
Commissioner Dawkins I take serious exception to.
Mayor Ferre: I see, on personal privilege Commissioner
Plummer.
Mr. Plummer: Mr. Mayor and Mr. Dawkins, I disagree with
you. I'm damned glad to hear that I've got the best Manager
in the country and I want to hear it ten times a day.
Mayor Ferre: Don't get into that. Commissioner Fulanito,
that's enough.
Mr. Plummer: No, Fulanito no.
Mayor Ferre: All right, further discussion?
AN ORDINANCE -
AN ORDINANCE AUTHORIZING THE ISSUANCE
SUBJECT TO THE ELECTION HEREIN PROVIDED
FOR $55,000,000 ORANGE BOWL MODERNIZA-
TION BONDS OF THE CITY OF MIAMI, FLORI-
DA, FOR THE PURPOSE OF PAYING THE COST
OF MODERNIZATION, REFURBISHING, RENEW-
ING, EXPANDING AND RECONSTRUCTION OF THE
CITY OF MIAMI ORANGE BOWL STADIUM AND
SURROUNDING PROPERTIES, PROVIDING FOR
THE LEVY AND COLLECTION OF AD VALOREM
TAXES TO PAY SUCH BONDS.
Passed on its first reading by title at the meeting of
January 19, 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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Demetrio J. Perez
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9789.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
RT
110
1/26/84
SECOND READING ORDINANCE: PROVIDING
A SPECIAL MUNICIPAL ELECTION MARCH 13,
TO THE ISSUANCE OF $55,000,000 FOR
MODERNIZATION BONDS.
FOR THE HOLDING OF
1984 WITH RESPECT
THE ORANGE BOWL
------------------------------------------------------------
Mr. Garcia -Pedrosa: Let the record reflect no one is here
to speak on it.
ORDINANCE -
AN ORDINANCE PROVIDING FOR THE HOLDING
OF A SPECIAL MUNICIPAL ELECTION IN THE
CITY OF MIAMI, FLORIDA, ON MARCH 13,
1984, WITH RESPECT TO THE ISSUANCE OF
$55,000,000 MIAMI ORANGE BOWL STADIUM
MODERNIZATION BONDS.
Passed on its first reading by title at the meeting of
January 19, 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 -
Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
None.
Commissioner Joe Carollo
Vice -Mayor Demetrio J. Perez
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9790.
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.
Mr. Plummer: Please let the record reflect that the termi-
nology used in the ordnance is one of legal - this is not a
special election, it is a regular election in which we are
utilizing for the purposes of presenting to the voters. It
is not in any way costing the taxpayers of this City a dime
to have this opportunity to speak on this ballot. I just
want the record to be very clear, this is not a special
election, this election is not costing anyone any money.
51. DISCUSSION REGARDING URBAN DEVELOPMENT ACTION GRANTS
(U.D.A.G.) APPLICATIONS TO BE ISSUED IN CONNECTION WITH:
(1) HERITAGE PLACE (OLD GESU SCHOOL); (B) AIRPORT SEVEN
(AKA AIRPORT 5040); AND (C) INTERIOR DESIGN CENTER SHOW
ROOM IN DECORATOR'S ROW.
Mayor Ferre: Take up Item 33. We have 3 resolutions before
us.
Ms. Dena Spillman: It is in principle, at the last meeting,
the developers are here with schematics, you have three
resolutions before you authorizing Mr. Gary to submit these
applications to HUD.
RT 111 1/26/84
0 a
Mr. Plummer: May I, Mr. Mayor, put on the record that I had
a meeting this week with the people from the Port.
Mayor Ferre: That has nothing to do with this.
Mr. Plummer: It will whether I vote or not. I met with the
people from the Port who took my words from the last Commis-
sion Meeting and that is that they were not locked out from
modifying and resubmitting.
Mayor Ferre: That's correct.
Mr. Plummer: Okay, I want that understood.
Mr. Gary: You all decided that.
Mr. Plummer: Okay, I just want that on the record.
Mayor Ferre: As a matter of fact, I understand that comes
before us in the first meeting of February. Is that right?
Mr. Plummer: You mean as a modified?
Mr. Gary: No, there is a presentation that comes to you at
the first meeting in February.
Mayor Ferre: All right, Dena.
Ms. Spillman: The first one is Heritage Place, there is a
resolution that you have before you.
Mayor Ferre: The Heritage Place is the one...
Ms. Spillman: Gesu School.
Mayor Ferre: Does anyone wish to speak on that item?
Mr. Plummer: Is there anyone here from Gesu?
Ms. Spillman: Yes, they are here.
Mr. Plummer: I would like the persons represent Gesu to
come forth, show us what you propose and more importantly, I
will ask of each person that they understand the full stipu-
lations as outlined in the document before us in relation to
pay back, 25% cash flow and things of that nature.
Mr. John Harrison, Jr.: My name is John Harrison, Jr., 2600
Douglas Road, Coral Gables. Yes, we do understand the
stipulations. You have in front of you, Commissioners, a
rendering of the face lift that we propose to do to the old
Gesu School which will be named Heritage Place.
Mr. Plummer: I only have one question. I realize that this
is the Central Business District, Gesu has never had ade-
quate parking. Has anything been addressed to that problem?
Mr. Harrison: Yes, sir. Behind the building are approxi-
mately 49 spaces which will be available for grade level
parking, in addition to that, we have spoken with the Off -
Street Parking Authority, or Miami Parking System as it is
now called, Mr. Roger Carlton, and he advises us that we
will be able to secure some long term parking contracts for
the garage across the street to the north.
Mr. Plummer: Okay, I move it.
Mayor Ferre: Does anybody here wish to speak on this issue?
Let the record reflect that nobody stood to speak on this
issue.
RT 112 1/26/84
0 6
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-115
A RESOLUTION APPROVING IN PRINCIPLE THE
APPLICATION OF HERITAGE PLACE LIMITED
FOR RENOVATION AND RESTORATION OF THE
OLD GESU SCHOOL BUILDING INTO A FIVE -
STORY PROFESSIONAL OFFICE BUILDING AND
AUTHORIZING THE CITY MANAGER TO SUBMIT
AN URBAN DEVELOPMENT ACTION GRANT APPLI-
CATION TO THE U.S. DEPARTMENT OF HOUS-
ING AND URBAN DEVELOPMENT FOR THE PRO-
JECT.
(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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Demetrio J. Perez
Mayor Ferre: All right, the next one is?
Ms. Spillman: Airport 7, it is called Airport 5040 on your
resolution.
Mr. Plummer: Where is the proposal?
Mayor Ferre: You saw it last time, they had a book with all
kinds of pretty drawings.
Mr. Plummer: The developer will stipulate that they under-
stand the full document and all the restrictions and ramifi-
cations and agree to it on the record? Your name and that
you agree.
Mr. Camilo Padreda: Yes, sir, we agree.
Mr. Plummer: Do you understand all of the document?
Mr. Padreda: That is correct, sir.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 84-116
A RESOLUTION APPROVING IN PRINCIPLE THE
APPLICATION OF AIRPORT 5040, LIMITED
PARTNERSHIP, FOR CONSTRUCTION OF A NINE -
STORY COMMERCIAL AND OFFICE BUILDING AND
AUTHORIZING THE CITY MANAGER TO SUBMIT
AN URBAN DEVELOPMENT ACTION GRANT APPLI-
CATION TO THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT FOR THE PROJECT.
RT
113
1/26/84
0
Mere f'_ :1 ws b� i yf re __1tion,
t-A here an i le in the Cf f i r:e of
the ,1tV _err.. )
l]�����'1 bel E seC�njAl by" �_-) ��1S3i7tier Pit_j,me i.i,E- r e s
iutian wa S passel and adopter by t�-,e following Vat�-
AY"... :C issioner J. L. PA. immer, Jr.
Commissioner Miller J. Dawkins
vDr Maurice A. Ferre
N,)E:3: None .
ABSENT: Commissioner Joe Caroll_
Vice -Mayor Demetrio J. Perez
Ms. Spillman: The last one is the Interior Design Center.
Mr. Plummer, Does the developer understand the full ramifi-
cations? You read the document and you agree with them?
Mr. Charles Lallouz: Right. My name is Charles Lallouz and
Dr. Moskowitz present.
The following; resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION N�,. 84-117
A RESOLUTION APPR'3VING IN PRINCIPLE THE
APPLICATION OF MID PARTNERSHIP FOR
CON'TRUCTION OF A THREE-STORY BUILDING
OF SHOv.ROOMI SPACE AND PARKING GARAGE AND
A'JTHORIZINI THE CITY MANAGER TO SUBMIT
AN URBAN 'IDEVELOPMIENT ACTION GRANT APPLI-
CATION TO THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMIENT FOR THE PROJECT.
(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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Demetrio J. Perez
52. RESOLUTION AMENDING RES. 84-49 CALLING FOR A SPECIAL
MUNICIPAL ELECTION ON MARCH 13, 1984 CONCERNING CHARTER
AMENDMENT NO. 1 BY INCLUDING CAPTION AND LANGUAGE OF THE
QUESTION ON THE BALLOT.
Mayor Ferre read the title of the proposed resolution into
the public record.
Mr. Garcia -Pedrosa: Mr. Mayor, you have already done this
but the Elections Department asked us to add the caption and
that is all that that resolution does.
RT 114 1/26/84
%
l f l' f
P I� , W;l:, m">'v'F?j pi
11EJ Ji.1_171, 1t4 iv ? . ' �J- 1
A RE:�J')LJTIJN 0,E'NDIN'; ,E:,TI:'4 a F
RE5,C)LUTION N'J 34-1;9 A' _JPTE
19, 1984, WHICH CALLS. ANC PR'JI't: F „r
A SPECIAL MUNICIPAL ELECT ,N T) BE HE:;..'
ON MARCH 13, 1984, F0 THE PJRP')5E 1
SUBMITTING T'J THE Q'1ALTFIED ELE�CT�:�'r;:� F
THE CITY OF MIAMI FOR THEIR APPR:�'JAL JR
DISAPPR�)VA:., A MEASURE KNOWN AS "CHARTER
AMENDMENT NO. lit AMENDING THE CITY
CHARTER BY MAKING NONSJBSTANTIVE CHANGES
IN SAID CHARTER, SAID SECTION 9 BEINI
AMENDED TO INCLUDE THE CAPTION AND
LANGUAGE OF THE QUESTION APPEARINu ON
THE BALLOT IN SAID SPECIAL MUNI'TPA:
ELECTION; FURTHER DIRECTINI THE CITY
CLERK TO CAUSE A CERTIFIED COPY iERE!F
TO BE DELIVERED TO THE SUPERVISJR OF
ELECTIONS OF DADE COUNTY NOT LESS THAN
45 DAYS PRIOR TO THE DATE OF SAID SPE-
CIAL MUNICIPAL ELECTION.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Corn.missioner Dawkins, the reso-
lution was passed and adopted by the following vote -
AYES; Commissioner J. L. Plimmer, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Demetrio J. Perez
"INSTRUCT CITY MANAGER TO FIND SOURCE OF FUNDS OTHER THAN
F.R.S. FUNDS TO FACILITATE FUNDING OF "ST. ALBAN'S DAY
NURSERY" AND "A.S.P.I.R.A. OF FLORIDA" FOR THE BALANCE
OF FY '83-'84.
Mayor Ferre: Mr. Manager, I would like to move, sir, that
you, the City of Miami approve, and that you be instructed
to find from other sources funds to fund both the remaining
moneys needed to run St. Albans Day Nursery and ASPIRA. I
so move, for the remaining funds for this year.
The following motion was introduced by Mayor Ferre, who
moved its adoption:
MOTION NO. 83-119
A MOTION INSTRUCTING THE CITY MANAGER TO
FIND A SOURCE OF FUNDS OTHER THA14 FEDER-
AL REVENUE SHARING FUNDS IN ORDER TO
FACILITATE FUNDING FOR ST. ALBAN'S DAY
NURSERY AND ASPIRA OF F.DRIDA FOR THE
BALANCE OF FISCAL YEAR 1983-1984.
RT 115 1/26/84
M
i :nd _'j')%! d t tn•_, V;�.-—
Ayr'.. 7"_)M-P,, 1 i JIIr J. t 1':]MRic'!' J.
Commissi1�-)ner Miller 1. 7,oi I:
May r '^1.ari rre
N6L:�:
ABL" ;N T ommissi )i r 1
Vice-Mlayor Demetrio tPer''_' :
Mayor Ferre: Plummer moves and Dawn; ins seconds that Centro
Mater be funded the same way for the same amount of money.
Have I f:rgotten anybody, before anyb,)dy has a fit around
here?
Mr. Da We: ins:
'dell,
Tacolcy came
to se.2 me and
they are
hurting also,
Mr. Mayor, so I think
if we can do
somethin`;
for them.
Mayor Ferre:
Are you
making that
;notion?
Mr. Dawkins:
Yes.
Mayor Ferre:
A11
right, and
that includes
Tacolcy.
Plummer? Okay, Taco lcy
and Centro
Miter.
Mr. Dawkins:
That's
ail thougj�,
we're not going
to bother
with anything
else.
Mayor- Ferre:
That's
it. Further
discussion''
53.2 INSTRUCT CITY MANAGER TO FIND A SOURCE OF FUNDS OTHER
(THAN F.R.S. FUNDS TO FACILITATE FUNDING OF "CENTRO
HATER" AND "BELAFONTE TACOLCY" FOR THE BALANCE OF FY
'83-'84.
The following motion was introduced by Commissioner
Dawkins, who moved its adoption:
MOTION NO. 83- 120
A MOTION INSTRUCTING THE CITY MANAGER TO
FIND A SOURCE OF FUNDS OTHER THAN FEDER-
AL REVENUE SHARING FUNDS IN ORDER TO
FACILITATE FUNDING FOR CENTRO MATER AND
FOR BELAFONTE TACOLCY FOR THE BALANCE OF
FISCAL YEAR 1983-1984.
Upon being seconded by Commissioner Plummer, the
motion was passed and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Demetrio J. Perez
RT 116 1/26/84
54. AUTHORIZE CITY MANAGER TO WAIVE PERMIT FEES IN CONNEC-
TION WITH THE "GO CARTS" PORTION OF THE GRAN PRIX EVENT,
FOR A CHARITABLE EVENT.
Mr. L wr:i-15.
1r.
May.�r 've E.
t ._ ,r,:
Manager , we
need
to pass a res�ut i )n waive ;"2 i r;S�: —
ti:n fee and
the license
fee f"?r
�o-:,_rt... i mot
Mr. Plummer:
Yes,
with the full
t;lat this is
co -sponsored
event;
by the City.
The following
motion was
intrcd.je11 by s3i,:_1er
Dawkins, who
moved
its adoption:
M0TI0!J N,J. 0 J)-1 '1
A MJTI?tJ AvTHUt IZItJG AND IRF.CTINI THE
CITY MANAGEn T') 4A1VE PERMIT F E E S IN
C'JNNECTION WITH THE G:�-'CARTS RACE PJR-
TION OF THE "3RAN PRIX RHCE" EVENT, FJZ;
A CHARITAP:-E CAUSE.
Upon being; seconded by Commissioner Plummer, the
m Dtion was passed and adopted by the f_DI lowint; vote -
AYES: Commissioner J. L. Plummer, Jr.
Com-n1s51Jner Miller J. DlawKin:
Mayor Maurice A. Ferre
It' JES: None.
ABSENT : Comm .ssiDrier Joe Caroilo
Vice -Mayor Demetrio J. Perez
NOTE FOR THE RECORD: Item #15 was continued to the next
zoning meeting.
55. FIRST READING ORDINANCE: SETTING FORTH A PROPOSED
CHARTER AMENDMENT KNOWN AS CHARTER AMENDMENT NO. 2 TO
INCREASE MEMBERSHIP OF THE OFF-STREET PARKING BOARD FROM
5 TO 7 MEMBERS.
Mayor Ferre: There is an ordinance on Charter Amendment 112
which increases the Parking Board to 7. Does anybody wise
to speak on this ordinance?
AN ORDINANCE ENTITLED -
AN ORDINANCE SETTING FORTH A PROPOSE
CHARTER AMENDMENT, K14OWN AS CHARTER
AMENDMENT NJ. 2, AMENDING SUBSECTION 23-
A.1(b) OF THE CHARTER OF THE CITY OF
MIAMI, FLORIDA, TO PROVIDE FOR A14 IN-
CREASE FROM 5 TO 7 MEMBERS OF THE OFF-
STREET PARKING BOARD OF THE CITY OF
MIAMI AND ALSO TO PROVIDE THAT TO THE
EXTENT PERMJITTED BY LAW, THE BOARD'S
COMPOSITION SHALL REFLECT THE INTERESTS
OF ALL SEGMENTS OF THE CITY13 POPULA-
TION; CONTAINING A SEVERABILITY CLAUSE.
RT 117 1/26/84
_ ..ITi1.. 3i..n•...
rile/ rc'.,
1-'i c]`I'j :nn�un
56. RESOLUTION CALLING FOR A SPECIAL MUNICIPAL ELECTION ON
MARCH 13, 1984 FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORS OF THE CITY FOR THEIR APPROVAL OR DISAPPROVAL A
MEASURE KNOWN AS "CHARTER AMENDMENT NO. 2."
-----Thy f11owing res on ws ,ntr ��i,I.. - j Ly
Plummer, wn,) in Dve31 1`S HJ PLi�i:
i! h E.-
Fb v ..
1:7`` }7•ii j A Pt
JN F ? Trit FUtt P ' iE
S _i 1'1 T T N
H 11 Y S:At'.... THt._„ APVAL
1,:H �",li � J.K. , � ._H., .k.... C.Iv �✓t.v N.-. L ,n,, i a„
,H r..-,.E .r: N, N'JIN3 SUi3SEC,
231—A`' _F t CH 1 1 Eh ,I' T,:t .. TI I'
`,IAM, I, FLJRiDA, EY P ;J'JIJINO THAT Ti-:
NJ'B ER JF MEE_ S JN T 3E OFF-STRE :T
PAR K114G BJARD BE INCREASED FRJy; 7 TO 7
MEMBERS AN:; THAT, 'I'J THE EXTENT PER'-1`;'T -
TED BY LAvY, THE CJ'1POSiTI'�N U'r' _�AIU
BOAR71 REFLECT 'THE I;J T;RESTS JF AL
SEGMENTS OF THE PJPJLA'TIOt4 OF THE CITY;
DIRECTING THE CITY CLERK TJ CAUSE A
CERTIFIED CJPY HERE:IF TO BE DELIVERED TJ
THE SUPERVISOR OF ELECTIJNS JF L'AU,E
COUNTY NOT LESS THAN 4-- DAYS PRIOR TJ
THE DATE uF "[I ID SPEC IAL MUN IPAL
ELECTION,
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being secondeJ by Commissioner Dawkins, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Demetrio J. Perez
RT 116 1/26/84
i
s)J. RESOLUTION SIIPPORTIN(; POLICY THAT FUTURE REQUESTS OF THE
CITY COMMISSION FOR FINANCIAL SUPPORT, IN -KIND SERVICES
AND/OR FACILITIES' FEE WAIVER i ANi) NOT SPEC IFICA1,1,Y
INCLUDED IN THE ANNUAL CITY E3UDGI:T ARE TO 13E ADMINISTRA-
TIVELY RFV IEWE:U PRIOR To DECISION BY THE CITY COMM I:>-
SION.
I RVi_E.,
m N
Vice - r �l�m tr-:,� J. Peru.
THEREUPON THE CITY COMMISSION RECESSED AT 5:50 P.M. AND
RECONVENED AT 6:10 P.M. WITH COMMISSIONERS CAROLLO AND PEREZ
ABSENT.
58. SELECT CERTIFIED PUBLIC ACCOUNTING FIRM TO ANALYZE
PROPOSALS AFTER R.F.P.•S ARE RECEIVED FOR DEVELOPMENT OF
WATSON ISLAND.
The fol1owinLr resolution w�is introd,j ed :,y Cornmiss:-;r:er
Flummer, who moved its adoption:
RESOLUTION NJ. 84- 124
A RESOLUTION SELE::TIN-I CERTIFIEi
PUBLIC ACCuUN'TINC; FIRM Tu ANALYZE ALL
PROPOSALS SUBMITTED IN RESPDNSH TO A
REQUEST FOi PROPOSALS FOR THE ;.)EVEL•')P-
ME14T OF CULTURAL, RECREATION AND ENTER-
TAINMENT FACILITIES Tu BE LOCATED ON Aiv
APPROXIMATELY 69-ACRE LAN` PARCEL JN
CITY -OWNED WATS�JN ISLAND, AND TJ RENDER
A WRITTEN REPJRT OF ITS FINDINGS TO THE"
CITY MANAGER A3 RE, UIRED BY CITY L,F
MIAMI CHARTER SECTI6N 5j(c).
( PEAT-"IAR4; ICK AND M11 CHELI_ WERE APP+II N I EIi )
RT
119
L)'). APPOINT ADDITtONA'.. MF;MBf-'R,; i'O !fill!
EVALIIATF,, 11R'',11 F 0 k WA'fS' tN 1:'E1,f NW, I)N I ? I F h 1)VF.1.u' _.
ME'NT PI?OJF.(;'I'.
60. SECOND READING ORDINANCE: CHANGE 'LONIKG CLASSIFICATION
LOTS 6, 7 & 8, SEAPLACE REALTY INVESTMENT NV. AND LO.a. 30
POINT VIEW TOWERS OF CURACAO INC. LOCATED AT 185 S.E.
14TH TERR. AND APPROXIMATELY 200 S.E. 14TH ST. FROM f((;-
3/7 TO RO-3i6.
J ; a I 'rl A r: 2 y J l.i r p r e J e nl t --i L l I-) rI
.a. �Ac] 't' , _,..,:,';:�• jc ;1,'7.. ,, S1 ., lrl t�lti er, s s�•�jt
ndm _.'75t!'�� i�Ji vJnO.
to refresh tLle Commis
l
P j15 US30ri of thi:
n3 1
eml "� _ : �� „ ^;e _ in. Y o, u referrer; it ba _ K to th=
r7 f Jr any C,-lmmC-:;ts that they might, have as yot
n=?1:? It b3; r: t0 the Pl..nnin
ry ba'.:r: to t:ie L'onln�7. h"oarl and of ter
; ,a :.._ : _; r, . . . .
i rr, e a..torney is sa ✓ln�
w..iK1'nr7 b'i.-K n w Tlow Havel 3 quorum.
V ..., Trie Z'L,Dal. J did not taK`
r t. _ ., L'l :v f =lt t:.. t their prev lous recomm endatlor
i ;•,j t,,F i . ,rYli ;i ti:)n shou_d stand, noi-
!:e f.._ _ they !, �:i a new zonfn�; ^lassifica
f
a!10 thelr review doe<
�aJ ..'i,, a; _ Dn asiJe from that. Tht
an:: without Foine
,`eel t'h lots 6, 7, 6 and 30,
left ye:i _iw ��re-. -�r' tnr _�r�_,� to the left of the b1uE
tie r zijr,EJ zoning classlf ication the sam(
eis the b1'-1 c3r'E',i, i43--)/"i a i-i that the yellow area, lot 4 tc
tr;e richt. of the blue are: sho.,lld remsin as it is presently
zone kG- 1. we beIieve that that prowi,ies an appropriat(
zones dreg a n -J, :foes not Ie.ave the single lot 5 in blue a:
port of spoTt4is would prov13c a more Iogica]
area of rezoninc; if you were to include these other foul
mots .
Mr. Plummer: For the record, I would like you to put on the
recori, Mr. Whipple, the original recommendation of thi
Department
Mr. 4hipple: The original recommendation of the PIanninj
Department was in response to a request for a SPI-5 zonin
and at that time we had initially recommended against an
rezoning; and subsequent to further discussions with propert
owners and neighbors in the area, we went along with
rezoning of lots 5, b, 7, 8 and 30 all except Mr. Bliss'
lot wits; the stipulation and understanding that condition
of the Babylon on Lot 5 were that the upper floor would b
for residential use, the lower floors would be for offic
use and the building would be maintained in its presen
configuration.
Nlr. Plummer: Mr. City Attorney, refresh my memory of th
restrictions placed upon Lot 5.
Garcia-Pedr,)sa: I need to loop: at it for a minute, Mr
Plummer. 0„ay. (1) The building presently existing on th
property shali be preserved and riot be structurally modifie
kI 121 1/26/8
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except as necessary both internally and externally to con-
vert said structure into a building with a combination of
office and residential uses, improve landscaping or parking
and so forth. (2) The property and building may be used
only for residential, offices that did not sell merchandise
on the premises, banks and savings and loan associations
subject to the additional restrictions contained herein.
(3) The top floor shall be used for residential purposes
only. (4) The ground floor shall be used for parking only.
(5) No medical or dental offices or clinics. (6) Only that
portion of the building may be occupied for which there is
adequate parking as determined by zoning classification and
uses. (7) Maximum one bank teller window on the property
located within the building. (8) No drive-in tellers auto-
matic or mechanical or 24 hour tellers for the use of the
public.
Mr. Plummer: You can stop right there. Why is this not
conditional, which I thought was not permitted on a zoning
change? I did not think you could condition a change of
zoning.
Mr. Garcia -Pedrosa: No, this is a declaration of restric-
tions that was voluntarily tendered.
Mr. Plummer: So it is not conditioned.
Mr. Garcia -Pedrosa: No, the Commission observed the legal
requirements, Mr. Plummer, in every sense when it accepted
this voluntary tender and acted subsequent to it.
Mr. Plummer: So hypothetically, if we wanted to change Lot
4 with certain restrictions we could do such?
Mr. Garcia -Pedrosa: Well, Lot 4 restrictions, as I under-
stand it, are not presently before the Commission.
Mr. Plummer: I'm saying as in 5 there were a change of
zoning with this declaration of restrictions. Is it not
possible that the same thing could apply to 4?
Mr. Garcia -Pedrosa: The same procedure that was followed
with 5 could be followed with 4, yes, sir.
Mr. Plummer: Okay. So in other words we could change the
zoning on 4 with the same type of document as we have that
applied to 5.
Mr. Garcia -Pedrosa: Yes, you can.
Mr. Plummer: Thank you, sir. I didn't say the same cove-
nant, I'm saying can the declarations of restrictions be
given on Lot 4 predicated on the change of zoning? The
answer was yes.
Mr. Whipple: Yes. Our only concern, Commissioner was the
fact that we are at Second Reading, we do not have such a
proffer before the board or the City Attorney's Office.
Mr. Plummer: It doesn't preclude that it can't happen
within the next nine days. When does the time frame run
out? I'm not saying that I'm going to do it, but you can do
it subject to acceptance of a voluntary covenant.
Mr. Whipple: No, not subject to, you're just going to
impress upon or rely upon the proffer being verbally set
before you.
Mr. Plummer: No, not verbal. You see, Mr. Whipple, for the
record, I disagree. I disagree, sir. I don't think that it
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should be proper that you can conditional change of zoning
but the precedent, as I see it, was set with this document.
So if it applies to 5 it could apply to 4.
Mr. Garcia -Pedrosa: Mr. Plummer, the covenant, the decla-
ration of restrictions that was tendered with respect to 5
begins with the following language, I think it is important
that we focus on that. It says: Know all men by these
presence that the undersigned, being the owner of the fol-
lowing described property, and so forth, and it describes
it, ... in order to assure the City Commission of the City
of Miami, Florida that the representations made to it by the
owner will be abided by, voluntarily makes the following
declaration of restrictions covering and running with the
property. You asked me if the same mechanism could apply to
Lot 4 and the answer is still yes, if the owner were to
tender voluntarily to the Commission a declaration of re-
strictions or some sort of covenant, we could look at it and
approve it as to form. The Commission could accept it and
act accordingly, but there has to be a tender of a covenant,
that is not the case at the moment.
Mr. Plummer: I understand that, sir.
Mr. Whipple: And the change of zoning approved by this
Commission in the form of an ordinance did not have any
condition attached to it.
Mr. Garcia -Pedrosa: That's correct.
Ms. Janet Cooper: And for the record, Commissioner Plummer,
based on the negotiations with myself on behalf of the Point
View Association and individuals in the area, we withdrew
our objection to the change of zoning because of the re-
strictions that they were voluntarily agreeing to. That was
worked out in detail in advance and we were able to come to
an agreement. We have not been able to accomplish that with
Mr. Bliss and we would not be able to withdraw our objection
at this time.
Mr. Plummer: I understand, and we respected your right, but
we also respect our right.
Ms. Cooper: I do too.
Mr. Plummer: Thank you.
Mayor Ferre: Where are we? Further questions from members
of the Commission? All right, are there members of the
public that wish to be heard at this time? Does anybody
else want to be heard at this time? On Second Reading.
Mr. Plummer: Mr. Bliss, so you understand, sir, at this
time, if there is no conversation by anyone of the audience
or this Commission on Second Reading, sir, your property
remains as it is.
Mr. Alan Bliss: Without me speaking, in other words?
Mr. Plummer: Well, with or without you, sir, the action to
be taken as presently before us is that it remain the same.
Now, it is up to you, sir, to convince this Commission that
your application or your property is deserving of being
changed. Now, for the record, I think it had better be
understood from both sides of this particular case that with
only three members present any action for or against will
require a three vote. It takes three affirmative votes to
pass any item.
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Mayor Ferre: That's right. Anything. If it gets two votes
it is dead. Okay, Mr. Bliss.
Mr. Alan Bliss: My name is Alan Bliss. I'm residing at
1402 Southeast Bayshore Drive. I have a letter that I gave
to each one of the Commissioners, but the audience hasn't
heard it and perhaps they haven't had an opportunity to read
it. The Commodores is suited for a small office building.
The overall plan of the City has been to try to extend the
hours that are used on the streets and even out the flow.
The entire area to the south is high-rise residential. The
small plots of the Commodore and the Babylon offer a transi-
tion zone between the residential of the SPI-5 on the other
side. It would also alleviate traffic during the residen-
tial hours. The Commodores is so small that it can't affect
the area regardless of what is constructed on it. However,
the condo market is stagnant, the developers are not build-
ing condos and there is no demand whatsoever. Many are
going into foreclosure. The real estate tax is over $43,000
plus for 1983 and something has to be built on the property.
This parcel would support what would be an attractive and
financially viable office building, helping employment and
the tax base. Of consideration in the rezoning is the
developments on either side that have made the property
unattractive for condo and have eroded its value as such.
Brickell Bay Towers is a structure 300 feet long and 130
foot high. This building blocks out the view of the south
except for their large parking lot, that would be the only
view that would be afforded if a condo was built. The
height of the tower blocks all the sun light from the Commo-
dore's parcel during the winter months starting in October
so any amenities such as pool would be without sunshine for
months at a time as would be the residents. The Babylon was
built four years ago but they could never sell it as a
condo. The Commission, for this reason, granted the RO
zoning. They also agreed to lower the zoning from 3/7 to
3/6. The Commodore's would be agreeable to lowering the
density the same way and 1 believe the Commodore should be
treated the same as the Babylon. Many of the new construc-
tion on choice lot lands in the area are condos and offices
mixed to the betterment of the neighborhood. The condo
market is in distress and will be so for the foreseeable
future. The Babylon was unable to turn condo in a three
year period and I'm certain the Commodore's parcel would
have the same problem in selling off units yet the taxes of
almost $50,000 a year preclude not building. The City in
the Master Plan recommends greater use and more even traffic
flow. The Commodore's parcel and Babylon parcel would make
a gradual transition from high rise residential to office
and would cause little congestion by being zoned office.
The willingness to lower from 3/7 to 3/6 is also an advan-
tage to the area, it cuts down about 15,000 square feet of
building that would be allowed. At the last Planning Board
Meeting that was held here last week, there were only 5
people present so they didn't go to a vote because it would
have been a negative vote with only 3 votes but Mr. Gort
said, "I think we should stop at 51 I think if we stop at 5
and allow 4 to remain it would be unfair for this gentleman
to develop his property there." He was followed by Mr.
Romero who said, "I have the same feeling as Mr. Gort". Mr.
De Yurre said, "I'd be in favor of changing it, I don't see
any reason why not. There are a lot of office buildings all
around that area to begin with and I really don't see any
reason why it shouldn't be changed so I go along with Willy
and Romero that it should be changed." There were negative
votes, both negative votes stated that the reason they said
they had voted against any office in the whole area and that
is why they were voting negatively and yet, we have every
single piece except the Commodore's parcel that now is going
to be office.
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Mr. Plummer: For the record, are you stating that this
matter was not heard by the Zoning Board?
Mr. Bliss: They didn't vote on it because there wouldn't be
enough votes to change anything and they didn't know whether
they were supposed to vote or discuss only.
Mr. Plummer: Are you telling me that they did not take
action?
Mr. Bliss: They gave input for the City Commission.
Mr. Plummer: Was there an official vote taken?
Mr. Bliss: No, sir, there was not.
Mr. Plummer: Mr. Whipple, it was the direction of this
Commission that they reconsider. No action tells me they
did not reconsider. Is That correct?
Mr. Whipple: I believe the City Attorney has the response
to that.
Mr. Garcia -Pedrosa: Yes. Commissioner, the section of
Ordinance 9500 that covers this merely says that the City
Commission may refer the application to the Zoning Board for
further study and it also provides that at that time you
were to do what you did, in fact, do and that is to set a
date certain for the return of a Board report and that need
not, as drafted, include a specific vote - merely study and
report are the two words used in the Ordinance.
Mr. Plummer: Thank you.
Mr. Bliss: I would like, if I may, I borrowed this picture
and it is my life if I don't return it properly, I do want
to show you the same as is shown up there. This is the
Commodore's spot that is supposed to be a buffer. This is
the Babylon that is less than ten feet away from the proper-
ty line. Here is the width of a parking lot between
Brickell Bay Towers and the Commodore that is twice the
width, I think, of most City streets. It is about 125 feet
across to the building. If that doesn't make a better
buffer, than a building ten feet away from the Commodore, I
don't know what is. Behind us this huge piece of land that
is marked in red there was also rezoned less than two years
ago or went for variances to get high rise, the highest high
rise. It was accepted and yet they didn't build in two
years and they came back before the City Commission less
than two or three months ago, maybe five months ago and they
got rezoned for SPI-5, the highest office space which makes
a whole city block, if you go back with that red behind
there, that is all zoned SPI-5 also and probably will be
combined into one of the largest office projects left to go
down there. Diagonally across from the Commodore's where
the RO-3/6 is written on the board, is 5 to 7 acres, Mr.
Helmsley Spear's lot that is going to have 500,000 to
600,000 square feet. And looking at the picture here you
can see the Commodore's faces that property just as much as
the Babylon does next door. So, the Commodore's is a tran-
sitionary, if it is RO-3/6, with the Babylon, it certainly,
and then the other is SPI-5, it is certainly a much fairer
thing than to try to put the Commodore's, if there is re-
sentment of having office buildings, the Commodore's with an
office building ten feet away from it, it is certainly in a
much, put in a much more unfair position, and as I did
mention, this also shows the shaded area from Brickell Bay
Tower, 130 feet high that blocks the entire land area of the
Commodore's. It is in shade here, I don't know when this
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40
s
picture was taken, it was fairly high
looks of it, and it is entirely in the
have to say at the moment. Thank you.
in the day, by the
shade. That is all I
Mr. Plummer: Mr. Bliss, this time are you prepared to offer
any volunteer covenants... Excuse me, are you ready, or are
you willing to make any declaration of restrictions volun-
tarily?
Mr. Bliss: I am perfectly wiling to ask for the same 3/6
that the Babylon has asked for. The building we have was
built in 1916, a single family home. It can't remain there
probably so I can't claim to keep the same building there,
it is only 8,000 square feet and would not support even the
taxes on the property.
Mr. Plummer: Mr. Bliss, the
prepared at this time to offer
tions on Lot 4?
Mr. Bliss: Yes, I am.
Mr. Plummer: Such as?
question is, sir, are you
any declaration of restric-
Mr. Bliss: I don't know what is requested or what is de-
sired.
Mr. Plummer: Sir, we cannot request and we can't express
our desire.
Mr. Bliss: Janet Cooper though, perhaps, who is the associ-
ation that made the request of the Babylon, I can offer that
we would try to have the traffic all turn left but the City
controls the streets and if they turn it one way or the
other way you can't do it. I don't know what other requests
we could offer. We have offered to lower the zoning. RG-
3/7 that we are allowed right now, for instance, allows a
hotel which would be higher density, more traffic on the
street. Mr. Campbell was upset about the sewerage system,
certainly there would be a great more trouble with the
sewerage system with a hotel there than there would be with
an office building that would be not competing for the
traffic on the parking lots, on the streets or anything
else. Other than I can't offer to take the building off
because it is going to have to go off, 8,000 square feet
will not support that tax base by any stretch. Janet did
mention in the last meeting, before the City Commission
Meeting that perhaps the traffic could turn the other way
and go on Southeast 14th Street. Southeast 14th Street is
one-third closer to Brickell Avenue than it would be going
around to 15th Street. It is an automatic thing. I use
14th Street almost entirely, occasionally I'll come back if
I want to look at the water on the other side so it is not
being used. The traffic from the Commodore's would go out
14th as would the Babylon's unless some traffic restriction
forced them otherwise. We don't have the money for a traf-
fic study, nor do we have the money to give the association
as the Babylon did. We have personally supported things
that are good for Bayshore, I think.
Mr. Dawkins: Mr. Bliss, for my information, sir. Did Ms.
Cooper or anyone in the home owners' organization ever show
you this declaration of restrictions and discuss with you if
you were willing or if you could make any of these restric-
tions, sir?
Mr. Bliss: No, sir.
Mr. Dawkins: Thank you.
126
1/26/84
Mr. Plummer: You know, what I really want to do, I want to
short circuit this thing if you'll allow it, and I'm not
trying to utilize the third seat as, commonly referred to a
cat bird but I want to tell you where I am and I might save
all of you a lot of trouble tonight. At this particular Zz
time I would like to send Lot 4 back to the Zoning Board,
which I understand stops the clock from running, with Mr.
Bliss understanding. Sir, you are not going to get your
zoning carte blanche, free and open. If you can make a
declaration of restrictions there is the possibility that I
might vote for you. Do you understand what I'm saying?
Mr. Bliss: Yes, sir.
Mr. Plummer: Now, I'm telling you that you have made it
known that you feel that you are entitled to what Lot 5 has
but Lot 5 gave a great deal of restrictions voluntarily.
And the only thing I have heard you proffer this evening is
not even in your control so you have proffered nothing.
Now, as far as I'm concerned, where I am is to send Lot 4
back and let's discuss the other four lots. Now, that's
where I am, so you talk as long as you want, I have no place
to go.
Ms. Cooper: Mr. Plummer, I know that you're trying to give
Mr. Bliss every opportunity.
Mr. Plummer: Exactly.
Ms. Cooper: And I appreciate that but I want you to know
that Mr. Bliss has already had - beyond reason - every
opportunity. I have made myself available to him, he has my
home telephone number as well as my office number. I have
been talking to him since July. I have asked him repeatedly
to discuss with me restrictive covenants. He has stated on
the record, as well as to me privately, that he is not only
unwilling but also unable to offer any restrictive covenants
because he has encumbrances on the property and those people
who hold those encumbrances will not permit him to offer any
restrictive covenants. Mr. Bliss has known that he has been
facing the music for a long time and he has been dragging it
out and dragging it out and trying to get the sympathy of as
many people as he can and the time has come to stop. He was
supposed to have his property sold at foreclosure earlier
this month, he has prevented that through use of technicali-
ties, and as I understand, of filing bankruptcy in order to
prevent the foreclosure. Mr. Bliss is trying to get the
last penny, the most pennies out of that property that he
possibly can. He has no intent of developing it himself, he
is looking to sell it. Mr. Bliss has turned down, according
to his own words to me, offers of $100 a square foot. I can
show you an article from the Miami Herald business section,
I had it reproduced and I'll pass it out in a minute, where
property up on 14th Street that was already zoned SPI-5 sold
for less than $101 a foot. he is asking and insisting on
$150 a foot and he is trying to utilize this process in
order to get more than the property is worth. He has unre-
alistic concepts of what he can obtain out of that property,
he has had this matter before the Commission countless
times, this application has been before the City since
November or since before December of 182. We have been here
time after time, it is time to decide the issue.
Mr. Bliss: Mr. Plummer, do I have a chance to answer a
little bit? Some of it is not true at all and I want it on
the record as well. i did try to speak to them, I went down
and asked to speak to the whole meeting and was thrown out
of the meeting hall.
Ms. Cooper: That's not true, you were given an opportunity
to present your point of view.
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Mr. Bliss: I was quiet when she was speaking, Mr. Plummer,
I would like the same appreciation. I didn't say when she
was wrong.
Ms. Cooper: I was ready to make my presentation.
Mayor Ferre: Let him have his say, Janet.
Mr. Bliss: I went down and asked if I could speak before
the whole group, they told me I couldn't and I left. I was
allowed at a later date to speak before their board at my
request. The only time that Janet ever offered to speak to
me was at Mayor Ferre's reception when there were thousands
of people around, we couldn't even talk. She said, well,
are you going to give us the old building or not? I said I
can't do it, Janet, but I asked her in a telephone conversa-
tion, "Tell me what you want, Janet, I'll do it if I can."
She started reciting things, I said I think I can do those
and she says, as far as that goes, you can't ever say any of
these things were said though because this isn't legal. I
said, I just want to find out what you're asking for so I
can give them, Janet. She said, well, none of this conver-
sation counts and that is the closest we ever came to a
discussion on them asking for anything I can give. Other
than the building not being saved, if she has a list of
things that she thinks that we can live with that are legal
then I would be glad to consider any of them and if Mr.
Plummer does give us that week or whatever time it is, I
will sit at any meeting, and have been trying to see Mr.
Whipple as well, as he knows, on several different occa-
sions.
Mr. Plummer: Mr. Bliss, your words are well understood,
sir, but it is not necessarily that you have to meet with
the homeowners. You don't have to do that, sir. You have
to proffer a covenant that is acceptable not by law to the
homeowners but to this Commission. Now, I'm asking you
again, are you prepared to offer voluntarily any restric-
tions?
Mr. Bliss: And I said yes, sir, I believe.
Mr. Plummer: What are they, sir?
Mr. Bliss: I just don't know what I can offer. All the
automobiles will go to the left, if that is what you want.
Mr. Plummer: Go ahead.
Mr. Bliss: I don't understand.
Mr. Plummer: I don't know how to tell you.
Ms. Cooper: I'm sorry that Mr. Bliss doesn't remember the
time I was in the Commodore Club to meet with him or the
many times that we met at Bob Traurig's office or the many
times that I called him on the telephone and offered to work
with him to try to draft covenants and I wish I could find
at this moment, and I will find it before the end of the
evening, when he said to this Commission that he could not
offer any restrictions because his lenders would not allow
it and I think that at the last moment he is now saying he
is willing...
Mr. Bliss: I said I could not save that building and that
is what I said to the Commission, I could not save that
building because that would severely restrict the use of the
property.
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Ms. Cooper: I am here representing the Point View Associa-
tion and the individual residents of Point View area, I sent
a letter to the Clerk listing those. I'm submitting to you
20 pages with over 300 signatures that have been accumulated -
in the past on this item, and if you'll pass it around and
have it admitted into evidence. And I'm submitting to you
seven more pages with 155 signatures. These were collected
in the last week with specific reference to the Commodore
Club. The people in this area do not want an office building
front on South Bayshore Drive. None of the other properties
that have offices front on South Bayshore Drive where the
residential portion is. This would generate a tremendous
amount of traffic. I really don't want to get long and
involved and so I will keep it extremely short. You have a
copy of the declaration of restrictions on Babylon, we have
managed to obtain an extremely fine barrier between office
and residential and to extend it would eliminate all the
benefits that the City's staff and Bob Traurig and I worked
so hard to accomplish. This property is not suitable, I
will keep it at that and be prepared to answer any questions
you may have.
Mayor Ferre: Okay. Questions? all right, what is the will
of this Commission?
Mr. Plummer: Let's address 6, 7, 8 and 30, is that it?
Let's address that one first. Mr. Mayor, as much as it
hurts me I'm going to make a motion that that be approved
and I don't want to do it because of the original recommen-
dation of the Planning Department. The owners are not even
here.
Ms. Cooper: Excuse me, they are.
Mr. Plummer: The owners?
Ms. Cooper: The attorney, Alvin Cassell from Broad and
Cassell representing the owner is here.
Mr. Plummer: Okay. I'm going to move that it be done
primarily, and I'm going to put it right on the record on
the advice of the attorney, who tells me that we lay our-
selves wide open for possible problem of spot zoning. I
don't feel that at the proper time that it is the thing to
do but I am going to let my learned attorney advise me that
this is the best thing that the City can do and that is to
make RO-3/6 on Lots 6, 71 8 and 30 and I so move it.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 95009 THE ZONING ORDI-
NANCE OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION OF
LOTS 69 79 8 AND 30 LESS THE EAST 5' OF
LOT 30, BLOCK 2, POINT VIEW (2-93) OF
THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA FROM RG-3/7 GENERAL RESIDENTIAL
TO RO-3/6 RESIDENTIAL OFFICE; BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 37
OF SAID ZONING ATLAS MADE A PART OF
ORDINANCE NO. 95001 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
October 279 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-
RT 129 1/26/84
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Demetrio Perez
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9791.
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: Mr•. Plummer?
Mr. Plummer: In lieu, I have not changed my mind, I will
move that the matter be deferred on Lot 4 solely for the
purpose of waiting for a volunteer covenant that might meet
with this Commission's approval.
Mr. Garcia -Pedrosa: No, that won't work. If you just defer
it it dies.
Mr. Plummer: I defer it for further information to come
back at the February 9th Meeting.
Mr. Garcia -Pedrosa: You've got to refer it to the Zoning
Board again.
Mr. Plummer: Excuse me, I'm still wrong.
Mr. Garcia -Pedrosa: Let me make a motion for you, Mr.
Plummer, if I might. I think what you need to do is to
refer it back to the Zoning Board and bring it back here at
whatever specific date you wish.
Mr. Plummer: February 9th.
Ms. Cooper: Mr. Plummer, with respect, one of my clients
insists that I ask you what year.
Mr. Plummer: And that is not an illegitimate request. Well
tell me the date then, the 23rd?
Mr. Garcia -Pedrosa: Well, the 23rd except that the Commis-
sion may reset that meeting.
Mr. Plummer: Make it the 28th? Do you want it March?
March 22, include that in the motion. In discussion, let me
be very clear on the record. If there are not very heavy
and full restrictions volunteered to this Commission, I am
not going to be looking favorably on this application. I am
giving the applicant every chance in the world. It is up to
him who he talks to or who he doesn't talk to, it will not
have any bearing on my decision. I vote yes.
The following motion was introduced by Commissioner X,
who moved its adoption:
MOTION NO. 84-126
A MOTION REFERRING BACK TO THE ZONING
BOARD A PROPOSED CHANGE IN ZONING IN
CONNECTION WITH LOT 4, ALAN BLISS,
LOCATED IN THE APPROXIMATELY VICINITY OF
1402 SO. BAYSHORE DRIVE (POINT VIEW),
FOR FURTHER STUDY; FURTHER REQUESTING
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0
THAT THIS MATTER BE RESCHEDULED FOR THE
MARCH 22, 1984 COMMISSION MEETING.
Upon being seconded by Commissioner Dawkins, the
motion was passed and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Demetrio J. Perez
Mr. Dawkins: I think we need to make a promise to these
individuals that that will be it.
Mr. Plummer: I want to tell you that's it. That is without
question amen.
Mr. Garcia -Pedrosa: One other thing, the administration has
been sending out courtesy notices and I've been asked to ask
the Commission if that could be done without because it
entails sending out 1,000 pieces of mail.
Mr. Plummer: Can we waive it?
Mr. Garcia -Pedrosa: Well, there is really nothing to waive,
they just want some guidance.
Mr. Aurelio Perez-Lugones: We have been doing it as a
courtesy but the thing is that sometimes those things are
taken for granted and we have mailed probably in excess of
7,000 letters for this one item.
Mr. Plummer: Can it be waived as a continuation?
Mr. Perez -Lugones: Yes, it could.
Mr. Plummer: I so move. No, I don't move.
Mr. Perez-Lugones: We have been advising the neighbors in
the area as a courtesy that the meetings are going to be
held and so forth but we have mailed thousands of letters
for that purpose and everybody who is interested is here, I
don't think that we should go ahead and still mail out maybe
1,500 more letters.
Mayor Ferre: All right, further discussion on this item?
You don't need a motion for that.
Ms. Cooper: We need the notice, we have a lot of people, as
evidenced by the signatures that I just turned in from the
last week.
Mayor Ferre: Well what do you want, do you want everybody
noticed?
Ms. Cooper: Yes, sir, and I think it is a burden on the
City. I think that the applicant should pay.
Mayor Ferre: All right, it is a burden on the City and it
is accurate and apropos, burden the City and send out notic-
es.
Mr. Plummer: You are so burdened.
Mayor Ferre: Send out notices.
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0 0
61. CHANGE REGULAR CITY COMMISSION MEETING OF FEBRUARY 239
1984 TO NOW TAKE PLACE FEBRUARY 28, 1984
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-127
A RESOLUTION RESCHEDULING THE REGULAR
CITY COMMISSION MEETING OF FEBRUARY 23,
1984 TO TAKE PLACE ON FEBRUARY 28, 19849
AT 9:00 A.M.
(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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Demetrio J. Perez
62. CHANGE REGULAR CITY COMMISSION MEETING SCHEDULED FOR
APRIL 12, 1984 TO NOW TAKE PLACE ON APRIL 5, 1984.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-128
A RESOLUTION RESCHEDULING THE REGULAR
CITY COMMISSION MEETING OF APRIL 12,
1984 TO TAKE PLACE ON APRIL 5, 19841 AT
9:00 A.M.
(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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Demetrio J. Perez
------- ---------------------------------------- -------------
63. AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH
METROPOLITAN DADE COUNTY FOR THE "MIAMI—METRO ACTION
PLAN".
RT 132 1/26/84
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-129
A RESOLUTION AUTHORIZING THE CITY MANAG-
ER TO EXECUTE THE ATTACHED METRO/MIAMI
ACTION PLAN (MMAP) AGREEMENT CONFIRMING
THE CITY'S SUPPORT OF THE MMAP AND THE
CITY'S COMMITMENT TO THE ACHIEVEMENT OF
ITS RECOMMENDED ACTIONS; FURTHER AUTHOR-
IZING THE CITY MANAGER TO PROVIDE STAFF
SUPPORT FOR THE MMAP SECRETARIAT.
(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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Demetrio J. Perez
64. BRIEF DISCUSSION ITEM: PLAN LUNCHEON AT A FUTURE DATE
TO HONOR ALICIA BARO.
65. FORMALIZE RESOLUTION DECLARING INTENT OF CITY COKMISSION
REGARDING STAGING OF CARNIVALS, FAIRS OR SUCH LIKE
EVENTS IN THE CITY OF MIAMI.
Mayor Ferre: Make your statement into the record, please.
Mr. Robert F. Clark: This is the resolution that formalizes
Motion No. 84-20 which was adopted January 1984 declaring
the intent of the City Commission that from this date for-
ward no carnivals, fairs or similar type events will be
permitted in the City of Miami either on City -owned proper-
ty, City -owned land or privately owned property on days
other than Fridays, Saturdays or Sundays and that considera-
tion be given to the welfare of the residents of the City of
Miami within a one-half mile radius for the conduct of
approved carnivals on the aforementioned days; further
declaring the policy of the City Commission that from this
date forward all carnival activities take place either at
Watson Island, Virginia Key or the Parking lot area of the
Miami Marine Stadium.
Mr. Plummer: For the record, this does not affect that
which has been approved by the Commission relating to this
year's carnival of CAMACOL or Municipalities?
HT 133 1/26/84
Mr. Gary: That's correct, or carnivals that have already
been approved prior to this being passed and adopted.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-130
A RESOLUTION DECLARING THE INTENT OF THE
CITY COMMISSION THAT FROM THIS DAY
FORWARD NO CARNIVALS, FAIRS OR SIMILAR
TYPE EVENTS WILL BE PERMITTED IN THE
CITY OF MIAMI EITHER ON CITY -OWNED
PROPERTY, CITY -OWNED LAND, OR PRIVATELY -
OWNED PROPERTY ON DAYS OTHER THAN FRI-
DAYS, SATURDAYS OR SUNDAYS, AND THAT
CONSIDERATION BE GIVEN TO THE WELFARE OF
THE RESIDENTS OF THE CITY OF MIAMI
WITHIN A ONE-HALF MILE RADIUS FOR THE
CONDUCT OF APPROVED CARNIVALS ON THE
AFOREMENTIONED DAYS; FURTHER DECLARING
THE POLICY OF THE CITY COMMISSION THAT
FROM THIS DAY FORWARD ALL CARNIVAL
ACTIVITIES TAKE PLACE EITHER AT WATSON
ISLAND, VIRGINIA KEY OR THE PARKING LOT
AREA OF THE MIAMI MARINE STADIUM.
(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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Demetrio J. Perez
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT T:00 O'CLOCK P.M.
ATTEST:
RALPH G. ONGIE
CITY CLERK
NATTY HIRAI
ASSISTANT CITY CLERK
MAURICE A. FERRE
M A Y O R
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RT 134 1/26/84