HomeMy WebLinkAboutCC 1983-06-15 Minutesf
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CITY OF, MIAMI
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COMMISSION
MINUTES
OF MEETING HELD ON June 15, 1983
PLANNING & ZONING - REGULAR
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G.. ONGIE
CITY CLERK
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To NO.
P & Z - REG. MmcT JUNE 15, 1983
RDINANCE
SOLUTION%.
PMM NO
1
ESTABLISH CHARTER REVIEW COMMITTEE FOR CLEANING UP
OBSOLETE LEGAL LANGUAGE IN THE CHARTER.
M-83-516
1-2
2
DIRECT CITY MANAGER TO TAKE NECESSARY ACTION;
CITY COMMISSION PROTEST OF BILL NO.66 REGARDING
CABLE TELEVISION AND DIRECTING THE ADMINISTRATION
TO SEND REPRESENTATIVES TO WASHINGTON TO PROTEST
M-83-517
2-3
3
COMMEND CONGRESSMAN PEPPER CONCERNING HIS INTEREST
IN REPEAL OF H.R. 2250 KNOWN AS THE HOLLYWOOD BILL
REGARDING SYNDICATED PROGRAMS TO THE TELEVISION
NETWORKS.
R-83-518
4-5
4
ORANGE BOWL MARATHON: GRANT REQUEST FOR FUNDING IN -
KIND SERVICES AND OTHER CONSIDERATIONS.
M-83-519
5-8
5
INSTRUCT CITY MANAGER TO STUDY FEASIBILITY OF
PROCEEDING WITH PHASE II OF CITY OF MIAMI
ADMINISTRATION BUILDING.
M-83-520
8-9
6
DIRECT CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO
EXCEED $9,875 FOR HAITIAN-AMERICAN YOUTH PROGRAM.
M-83-521
9-11
7
DIRECT CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO
EXCEED $4,500 FOR PROMOTIONAL ACTIVITIES TO ATTEMPT
TO BRING 1986 ANNUAL CONVENTION OF LULAC TO THE CITY
OF MIAMI.
M-83-522
11-12 -
8
DISCUSSION ITEM: EAST LITTLE HAVANA TASK FORCE.
DISCUSSION
13-14
9
GRANT REQUEST MADE BY MUSEUM OF SCIENCE FOR
PLACEMENT OF TWO TRAILERS ADJACENT TO THE MUSEUM OF
SCIENCE FOR A PERIOD NOT TO EXCEED NINE WEEKS.
M-83-523
14-15
10
DISCUSSION ITEM:
PERSONAL APPEARANCE -MR. AL CARDENAS, REGARDING
INSTALLATION OF STREET CLOCKS IN THE CITY OF MIAMI.
DISCUSSION
15-19
11
DIRECT CITY ATTORNEY TO INSTITUTE LEGAL STUDY RE:
FEDERAL GUIDELINES REGARDING PLACEMENT OF HOUSING
'
PROJECTS IN THE CITY AND ALSO TO STUDY THE
POSSIBILITY OF THE RE-ESTABLISHMENT OF THE CITY OF
MIAMI H.U.D. AGENCY.
M-83-524
19-21
M-83-525
12/13
DISCUSSION ITEM:
-
CONTRIBUTION OF A WORK OF ART BY THE CHILEAN
GOVERNKENT.
M-83-57.6
22-23
14
DECLARING CITY COMMISSION POLICY(A):APPLICATION
'
FILED UNDER ORDINANCE 6871 AND ORDINANCE 9500-
(B)-DISCUSSION, PUBLIC HEARING, AND DENIAL OF
CONSIDERATION OF CHANGE OF ZONING FROM R-2 TO R-4
M-83-527
ON PROPERTY LOCATED APPROXIMATELY 2745-55.
M-83-528
2803, 2815, AND 2823 COCONUT AVENUE.
24-44
15
PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS.
DISCUSSION
45
15.1
PRESENTATION OF KEY OF THE CITY OF MIAMI
TO HONORABLE EDUARDO SALCEDO, GENERAL CONSUL OF PERU,
WHO IS BEING TRANSFERRED BACK TO HIS COUNTRY.
PRESENTATION
46
16.
SECOND READING ORDINANCE:
APPLY HC-1 GENERAL USE HERITAGE CONSERVATION OVERLAY
ORD. 9643
48-49
DISTRICT TO OLUMP LA THEATRE OFFICE BUILDING,
GUSMAN CULTURAL CENTER.
r7
rum NO, P & Z — REG. MCT JUNE 15, 1983
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
SECOND READING ORDINANCE: APPLY HC-1 GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO PROPERTY
LOCATED 526 N.W. 13 STREET, DR. WILLIAM CHAPMAN
HOUSE.
SECOND READING ORDINANCE: APPLY HC-1 GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO PROPERTY
LOCATED 60-64 S.E. 4 ST., FLAGLER WORKER HOUSE,
LOCATED FT. DALLAS PARK.
SECOND READING ORDINANCE: APPLY HC-1 GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO PROPERTY
LOCATED 1000 S. MIAMI AVENUE, FIRE STATION NO. 4
FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
4226-4368 N.W. 7TH STREET FROM RG-2/4
TO CR-2/7. --
FIRST READING ORDINANCE: APPLY HC-1 GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO PROPERTY
LOCATED 1800 N.E. 2 AVENUE, CITY OF MIAMI CEMETERY.
ACCEPT PLAT ENTITLED "V.P. GARDENS LOCATED N.W.
14 ST. AND N.W. 31 AVENUE.
ACCEPT PLAT ENTITLED "VIZCAYA STATION" LOCATED S.W.
1 AVENUE AND S.W. 32 ROAD.
ACCEPT PLAT ENTITLED "SANTA CLARA STATION" LOCATED
N.W. 12 AVENUE AND N.W. 20 STREET.
ACCEPT BID CITY WIDE SANITARY SEWER EXTENSION N.W.
10TH AVENUE.
ACCEPT BID MIAMI SPRINGS GOLF COURSE, ELECTRIC GOLF
CART STORAGE FACILITY.
ACCEPT BID ALLAPATTAH MINI —PARK DEVELOPMENT.
AUTHORIZE EXECUTION OF AGREEMENT, PROFESSIONAL
SERVICES WARREN L. BRAUN, P.E., CONSULTING ENGINEERS
CABLE COMMUNICATIONS AGENCY FOR TECHNICAL REVIEW.
AUTHORIZE PURCHASE OF ADDITIONAL EQUIPMENT TO BE
MOUNTED ON SIX FIRE APPARATUS PUMPERS.
DESIGNATE PLANNING AND DESIGN SERVICES FOR
REDEVELOPMENT OF MOORE PARK.
AUTHORIZE CITY MANAGER TO ENGAGE A CONSULTANT FOR
COMPREHENSIVE RECREATION COMMUNITY NEEDS ASSESSMENT.
DISCUSSION ITEM RE: NAMES OF BUILDINGS, PARKS, ETC.
IN HONOR OF PERSONS THAT ARE STILL WORKING IN ACTIVE
SERVICE.
(CONTINUED LATER, SAME MEETING).
APPROVE TWO YEAR EXTENSION OF EMPLOYMENT PAST THE AGE
OF 70 FOR ROBERT OWEN, TYPIST CLERK III, LAW DEPT.
PAGE # 2
fksouurr ors No, I PAGE NO
ORD. 9644
ORD. 9645
ORD. 9646
FIRST READING
FIRST READING
R-83-529
R-83-530
R-83-531
R-83-532
R-83-533
R-83-534.
R-83-535
R-83-536
R-83-537
R-83-538
DISCUSSION
83-539
a
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11 ' t 1 1 Ail1' 1�
P & Z - REG. MmcT JUNE 15, 1983
33.1
CONTINUED DISCUSSION
RE: NAMING OF STREETS, PUBLIC BUILDINGS, AND PARKS
IN HONOR OF PERSONS THAT ARE STILL WORKING IN ACTIVE
SERVICE. (MOTION MADE, NO SECOND).
34
REVIEW AND GRANT CONTINUE OPERATION WITH ADDITIONAL
REQUIREMENTS FOR DRIVE-IN TELLERS ROYAL TRUST BANK,
2617-19 S.W. 6TH STREET.
35
RESOLUTION AUTHORIZING MEMORANDUM OF COOPERATION WITIJ
RESTAURANT ASSOC. RE: BAYSIDE PROJECT.
36
BRIEF DISCUSSION ITEMS OF MONIES PROMISED BY LOCAL
DEVELOPERS FOR USE IN BAYFRONT PARK REDEVELOPMENT.
37
MOTION CONCERNING PROPOSED AGREEMENT WITH RALPH
SANCHEZ FOR PURCHASE OF GRAND PRIX EQUIPMENT;
INSTRUCTION TO CITY MANAGER RE: PLANNING OF CONTRACT
AND STATEMENT MADE TO MR. SANCHEZ TO OTHER
MUNICIPALITIES IN GIVING PREFERENCIAL TREATMENT.
38
DISCUSSION ITEM: PHASE II OF METRORAIL AND ITS
FUTURE CORRIDORS.
39
APPROVE FUNDING PROPOSAL FOR IMPLEMENTATION OF FULL
DOWNTOWN PEOPLE MOVER SYSTEM.
40
FIRST READING ORDINANCE:
CHANGE ZONING CLASSIFICATION 2724-26-34 S.W.
7TH STREET FROM R-2 TO C-2.
41
FIRST READING ORDNANCE: CHANGE ZONING CLASSIFICATION
2724-26-34 S.W. 7TH STREET FROM RG-1/3 TO CR-3/7.
42
BRIEF DISCUSSION AND DEFERRAL TO JULY 18TH
OF REMAINING APPOINTMENTS TO CITY OF MIAMI ZONING
BOARD.
43
EMERGENCY ORDINANCE: ESTABLISH A SPECIAL REVENUE
•
FUND BNTITLED "CITY OF MIAMI CONVENTION BUREAU
.PROMOTIONAL ACTIVITIES".
' 44
EMERGENCY ORDINANCE: AMEND CHAPTER 62 ARTICLE VI,
ZONING FEES, SECTION 62-61, SCHEDULE OF FEES -OF THE
CODE OF THE CITY OF MIAMI TO PROVIDE NEW FEE
SCHEDULES.
45
THIRD AND FINAL READING OF ORDINANCE AMENDING THE
CODE OF THE CITY OF MIAMI, FLORIDA, ADDING
SUBSECTION 8 TO SECTION 2-135 "SAME DUTIES, GUIDES,
AND ST ANDARDS, ADMINISTRATIVE REVIEW, OFF-STREET
PARKING LOTS, GARAGES, RELATED LANDSCAPING, ETC."
46
BRIEF DISCUSSION: REQUEST OF FUNDING BY BUENA
VISTA ECONOMIC DEVELOPMENT TO BE DISCUSSED JULY
8TH.
47
FIRST READING ORDINANCE AMENDING SUBSECTION 1 OF
SECTION 62-55 ENTITLED "PUBLIC NOTICE -TYPES"
OF CHAPTER 62 OF ZONING AND PLANNING OF THE CITY
OF MIAMI.
PAGE # 3
ORDINANCE
NESOLUTION�t o, I PAGE N0.
DISCUSSION 67-68
R-83-540 1 68-70
R-83-541
70-78
DISCUSSION
78-79
M-83-542
80-81
DISCUSSION
R-83-543
FIRST READING
81-82
83-85
1 85-92
FIRST READING 92-93
DISCUSSION 94-96
ORD. 9647 96-97
ORD. 9648
I
ORD. 9612
DISCUSSION
FIRST READING
97-98
99-100
100-101
1 102-105
fly
2
TO No, ' P & Z - REG. SWCT JUNE 15, 1983
48
A MOTION INSTRUCTING THAT APPROPRIATE THANK BE SENT
'TO GOVERNMENT OFFICIAL IN NASSAU, THE BAHAMAS
CONCERNING THE RECENT VISIT OF CITY OFFICIALS.
49
BRIEF DISCUSSION AND DEFERRAL:, AGENDA ITEM "III"
CONCERNING GARBAGE AND TRASH WASTE FEES.
50
ESTABLISH SEPTEMBER 8, 1983 PUBLIC HEARING FOR A
DEVELOPMENT ORDER LINCOLN NASHER PROJECT DEVELOPMENT
OF REGIONAL IMPACT.
51
ACCEPT BID POLICE AUTO EQUIPMENT.
52
SECOND READING ORDINANCE: AMEND ORDINANCE 9500
SECTION 1504.5.1, ENTITLED AUTHORIZED VARIATIONS
OF ARTICLE 15 ENTITLED SPI SPECIAL PUBLIC INTEREST
DISTRICTS. '-
53
DENY PROPOSED SECOND READING ORDINANCE TO AMEND
9500, SECTION 1558 ENTITLED "OFF STREET PARKING
AND LOADING" OF ARTICLE 15 ENTITLED "SPI:SPEC.
PUBLIC INTEREST DISTRICTS" - PROVIDING FOR PHASED
SATISFACTION OF CERTAIN OFF-STREET LOADING
REQUIREMENTS.
54
PUBLIC HEARING CONCERNING AMENDING SECTION 1556
MINIMUM LOTS REQUIREMENTS, FLOOR ARE LIMITATION,
MINIMUM OPEN SPACE REQUIREMENTS LIMITATIONS AND 1558
OFF-STREET PARKING AND LOADING OF ARTICLE 15 SPECIAL
PUBLIC INTEREST DISTRICTS OF ORDINANCE 9500,
ESTABLISHING AMENDMENT BEFORE THE SECOND READING
ORDINANCE; REFERRING THE MATTER BACK TO THE
PLANNING DEPARTMENT.
55
ORDERING RESOLUTION LYNWOOD SANITARY SEWER
IMPROVEMENT SR-5487-C.
56
ACCEPT COMPLETED CONSTRUCTIOF CITY-WIDE WEST 57TH
•
AVENUE SANITARY SEWER IMPROVEMENT SR-5469-C & S.
57
ACCEPT COMPLETED WORK KIRKLAND SANITARY SEWER
IMPROVEMENT SR-5478-C.
0
PAGE # 4
%RSOMNONOL, I PAGE NO
1 M-83-544
1 DISCUSSION
R-83-545
R-83-546
1 ORD. 9649
M-83-547
M-83-548
R-83-549
R-83-550
R-83-551
1 106-107
1 107-108
108-110
110-111
1 112-113
114
115-130
130
131
131-132
I
0 0
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 15th day of*June, 1983, the City Commission of Miami,
Florida, met at its regular meeting place in the City Hall, 3500 Pan
American Drive, Miami, Florida in regular session.
The meeting was called to order at 9:20 A.M., by Mayor Maurice Ferre
with the following members of the Commission found to be present:
ALSO PRESENT WERE:
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
Howard V. Gary, City Manager
Jose Garcia -Pedrosa, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
An invocation was delivered by Mayor Maurice Ferre, who then
led those present in a pledge of allegiance to the flag.
1. ESTABLISH CHARTER REVIEW COMMITTEE FOR CLEANING UP OBSOLETE LEGAL
LANGUAGE IN THE CHARTER.
Mayor Ferre: The City of Miami is continually plagued by an obsolete Charter.
I'm not going to deal this morning with the substantive issues, in other
words, the structure of the government for those areas that are substantive
in nature. However, we do have a very complicated process because legally
it is full of loop holes and inconsistencies with state law. It is a Charter
that basically has been in effect for forty years without correction.
Therefore, I would like to recommend that through the City Attorney's office,
that we structure a Charter Review Committee for the purposes of dealing
with cleaning up the legal language of the Charter. Again, I would like
to repeat that the thrust of this is not in any way to change the legislative
intent, but rather to clean up the commas and periods and paragraphs that
don't fit one with the other, or that are in violation of state law. To do
this task, which is obviously a professional, legal task, I think we need
lawyers. So I would like to recommend a committee that would be composed
of the following: the Dean of the University of Miami's Law School or his
designee; the Dean of Nova University's Law School or his designee; the
Dade Bar Association's President or his designee; the Black Lawyers
Association or his designee; the Cuban -American Bar Association's President
or his designee; and the Florida Association of Women Lawyers. I think
that gives us a good cross section of this community, both in the academics
side and from the bar side. Again, I repeat their charge will be not to
make any substantive changes; but to deal only with the mechanics of the
Charter itself. This is something that is long overdue. Do you have any
objections to that?
Mr. Dawkins: As long as they bring their findings back to us.
Mayor Ferre: Oh, sure. J.L., do you have any objections to that?
Would you then make a motion to that effect?
sl JUN 1 51983
0
---- ----------------------------------------------------------------------
Commissioner Perez entered meeting at 9:22 A.M.
---------------------------------------------------------------------------
Mr. Plummer: So move.
Mayor Ferre: Is there a second? Dawkins seconds. Further discussion?
Call the roll on that.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 83-516
A MOTION OF THE CITY OF MIAMI COMMISSION ESTABLISHING
A CHARTER REVIEW COMMITTEE FOR THE PURPOSE OF CLEANING
UP OBSOLETE LEGAL LANGUAGE IN THE CITY CHARTER, SAID
COMMITTEE TO BE COMPOSED OF THE FOLLOWING INDIVIDUALS:
1. THE DEAN OF THE UNIVERSITY OF MIAMI LAW SCHOOL, or
his designee;
2. THE DEAN OF NOVA UNIVERSITY LAW SCHOOL, or his
designee;
3. THE PRESIDENT OF THE DADE COUNTY BAR ASSOCIATION,
or his designee;
4. THE PRESIDENT OF THE BLACK BAR ASSOCIATION, or his
designee,
5. THE PRESIDENT OF THE CUBAN-AMERICAN BAR ASSOCIATION;
or his designee;
6. THE PRESIDENT OF THE FLORIDA ASSOCIATION OF WOMEN
LAWYERS, or her designee;
FURTHER STIPULATING THAT SAID COMMITTEE MUST COME BACK
BEFORE THE CITY COMMISSION WITH SPECIFIC RECOMMENDATIONS.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
2. DIRECT CITY MANAGER TO TAKE NECESSARY ACTION; CITY C014MISSION
PROTEST OF BILL NO. 66 REGARDING CABLE TELEVISION AND DIRECTING
THE ADMINISTRATION TO SEND REPRESENTATIVES TO WASHINGTON TO PROTEST
Mayor Ferre: You noticed in today's paper that the Senate passed Senate
Bill 66, offered by Barry Goldwater. What it does is it takes one very
large step emasculating the hard work that the City of Miami had done in
cabletelevision. Sue Smoller and Clark Merrill ;Fnd Mark Israel and our
attorneys in Washington, and I, myself, have been on several occasions to
Washington trying to stop this from happening. At this stage of the game,
we have had some input with Congressman Tim Worth, who is the Chairperson
of the subcommittee in the House who deals with that. I think that it will
cost the City of Miami untold millions of dollars if this bill goes through.
In addition to which we lose control of what we can do with cable television.
I might point out with a great sense of pride that the package that Arnold
and Porter put together for us along with the City of New York, and the job
that our own staff did in the City, principally our City Attorney's office
and the Administration, is referred to right now as the absolute best cable
franchase license system in America. It is the guideline for every other
sl Q 'JUN 15
Mayor Ferre (CON'T): negotiation throughout the country. It is the best.
Now, after good negotiations and concessions, Mr. Manager, that you and your
staff were able to negotiate, these things are being taken away from the
the people and the citizens of the City of Miami. I think it is important
that we send our congressional delegation, our two senators and all of the
representatives in the House a strong protest. I would like for Sue Smoller
and/or Clark Merrill, or preferably a member of the Commission to actually
fly up to Washington and visit each one of the Congressmen that are going
to be voting on this this summer so that they clearly understand the impact
that this is going to have on the City of Miami. I think, J.L., we worked
too hard on this thing for this thing to be yanked off. What has happened
is obviously that the cable industry has gotten to the members of the U.S.
Senate and what they have done is they have taken...they are going to have
a field day. These cable television companies are going to have an absolute
field day. So I think we need to memorialize that.
Mr. Plummer: What are you saying?
Mayor Ferre: I think we, the Commission, need to pass a motion strongly
protesting Senate Bill 66 and asking the members of the House to please
vote for the New York City/Miami version of the modifications in the bill
as presented by the City of New York and Mayor Ed Koch.
Mr. Plummer: So move.
Mr. Perez: Second.
Mayor Ferre: Commissioner Perez seconds. Further discussion? Call the roll
on that.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 83-517
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO TAKE THE NECESSARY ACTION TO SEND A MESSAGE TO THE
CONGRESSIONAL DELEGATION AND TO OUR SENATORS REGISTERING
A STRONG PROTEST OF THE CITY OF MIAMI COMMISSION OF BILL
# 66 REGARDING CABLE TELEVISION; FURTHER DIRECTING THE
CITY MANAGER AND SUE SMOLLER, AS WELL AS ONE CITY COMMIS-
SIONER, TO FLY TO WASHINGTON TO DISCUSS THIS MATTER WITH
OUR SENATORS AND REPRESENTATIVES AND TO REQUEST THEM TO
VOTE FAVORABLY FOR THE VERSION OF THE BILL AS PRESENTED
BY THE CITY OF NEW YORK AND MAYOR ED KOCH.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
s1 0o JUN 151983
I
3. COMMEND CONGRESSMAN PEPPER CONCERNING HIS INTEREST IN REPEAL OF
H.R. 2250 KNOWR AS THE HOLLYWOOD BILL REGARDING SYNDICATED
PROGRAMS TO THE TELEVISION NETWEORKS.
Mayor Ferre: Now this is a similar thing. This deals with the area of
television. This is a motion that reads as follows:
"Whereas free over the air television has provided a service
for the American people. Whereas the telecommunication indus-
try has changed dramatically in recent years with competition
now flourishing in the television marketplace. Whereas millions
of Americans, particularly those on fixed incomes rely on free
over the air television as their primary source of news and
entertainment. Whereas a federal communication policy adopted
in '71 the financial interest and syndication rules continues
to exclude network television from the television syndication
business unfairly undermining the revenue base needed to compete
with the best programming. Whereas the perpetuation of these
rules is increasing the handicap of the networks in competing
for the purchase of the best programming. Whereas millions of
Americans may soon be forced to pay to view programs they had
previously had available on free network television. Whereas
Congressman Claude Pepper has taken a strong position in support
of repeal of those rules which are necessary to protect the
public interest. Therefore, be it resolved that the Miami City
Commission commends Congressman Pepper on his position and urges
the Federal Communication Commission to repeal those rules and
further urges the Congress to defeat H.R. 2250, the Hollywood
Bill, which would criple free, over the air television by adopting
a statute excluding only the networks from the syndication of
television programming."
I think that motion stands for itself. I don't mean to be a Populist this
morning, but I think this is something that is another intru7-`on on free
information. That is why Claude Pepper has taken such a strong stand. I
think we should take one along with Senator Pepper and thousands of cities
throughout America. So I would like to so move that. I would like the
pleasure of moving that myself.
Mr. Plummer: Is there a second?
Mr. Perez: Second.
Mr. Plummer: Seconded by Commission Perez. Is there any further discussion;
any member of the public wishing to discuss this item?
Mr. Gary: May I suggest something? I support what the Mayor said. I think
they have done an effective lobby. I would recommend, Mr. Mayor, in support
of what you said that Ms. Sue Smoller draft a letter for your signature and
that you and Ms. Smoller go up because of your effectiveness in dealing with
the political forces in Washington.
Mayor Ferre: I think it is particularly germaine, Howard, because of what
Senate Bill 66 does to us. But on the other hand, what is happening ... Carollo
isn't here and I don't mean to start jumping on to the Republicans...but they
are doing it again, you see.
Mr. Gary: Be careful.
Mayor Ferre: No, I can do these things. I'm an elected official.
Mr. Plummer: No, we can enroll you....
Mayor Ferre: Here is Carollo.
Mr. Plummer: We'll enroll you in the same course of learning how to talk
with Republicans.
s1 JUN 151983
04
Mayor Ferre: I'm telling you. Now that he's here I can say it. Now
Cardenas can get up and defend along with Joe the Republican Party. These
Republicans are doing it to us again! What they are doing in effect is they
are playing to the industries. Clark, come here. Senate Bill 66, which is
in the front page of the Miami Herald this morning that passed unbelievably,
is going to do tremendous harm to the City of Miami.
Mr. Carollo: Howard, why don't you give the Mayor some advice? I think you....
Mayor Ferre: I'm an elected official.
can't say these things. But I can.
Mr. Gary: I can too.
Howard is an appointed official. He
The following resolution was introduced by Mayor Ferre,
who moved its adoption:
RESOLUTION NO. 83-518
A RESOLUTION COMMENDING CONGRESSMAN CLAUDE D. PEPPER
ON HIS SUPPORT FOR REPEAL OF THE FINANCIAL INTEREST
AND SYNDICATION RULES ADOPTED BY THE FEDERAL COM-
MUNICATIONS COMMISSION (FCC) IN 1971 AND URGING THE
FCC TO REPEAL THESE RULES; FURTHER URGING CONGRESS
TO DEFEAT H.R. 2250, THE "HOLLYWOOD BILL", WHICH WOULD
CRIPPLE FREE, OVER -THE -AIR TELEVISION BY ADOPTING A
STATUTE EXCLUDING ONLY THE NETWORKS FROM THE SYNDI-
CATION OF TELEVISION PROGRAMMING; FURTHER DIRECTING
THE CITY CLERK TO FORWARD COPIES OF THIS RESOLUTION
TO THE HEREIN NAMED PUBLIC OFFICIALS.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: ;one.
ABSENT: None.
4. ORANGE BOWL MARATHON: GRANT REQUEST FOR FUNDING IN -KIND
SERVICES AND OTHER CONSIDERATIONS.
Mayor Ferre: The next pocket item that I have is the Orange Bowl Marathon.
Is the representative of the Orange Bowl Marathon here? I received a letter
from this gentleman, and I hope that you copied it for members of the Commission.
You all have copies?
Unidentified Speaker: Yes, we have additionals here too.
Mayor Ferre: Runners International Inc. Basically, what they are saying is,
"Help us with the Orange Bowl." Here specifically what they are asking for
is, one, that the City grant permission for the Orange Bowl Marathon to finish
at City Hall. Does anybody have any problems with that?
sl 05 JUN 15 11933
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0
Mr. Carollo: No.
Mayor Ferre: J.L., two, that the City furnish and erect bleachers wherever
possible over the last 400 yards of the chorus leading up to the finish line.
In other words, if we want to make the Orange Bowl Marathon a big marathon,
you know, competing with Boston and the others, we need to be supportive. I
think the question is we want it to finish here at City Hall. We want bleachers
so that we can get....
Mr. Gary: At City Hall?
Mayor Ferre: Right here on the side, as we come up the side of the ... you know
so that this becomes a real major event for us. Does anybody have any problems
with that? Three, that the City grant permission for the area immediately
in front of City Hall to be made available for post race festivities. Does
anybody have any problem with that? Four, that the City Commission Chambers
be made available for the awards ceremony, and that the Mayor and members of
this Commission participate in the awards presentation. Do you have a problem
with that, Howard?
Mr. Gary: No.
Mayor Ferre: Five, a grant be made to offset the fees to be charged to
police services. Now we get into the money part. How much are the police
services that you need?
Mr. Basil Hanikan: Last year you kindly gave us a grant for $5,000, which
was transferred to the Police Department.
Mayor Ferre: In other words, is that what you are paying the Police Department,
$5,000?
Mr. Hanikan: It was an internal transfer, I understand, made through....
Mayor Ferre: Oh, we did that last year?
Mr. Hanikan: Right.
Mayor Ferre: Six, -the various appropriate departments, such as traffic,
parks, public works in the City and County be encouraged to provide services
as described herein and that such services be donated. Now, what are you
talking about there?
Mr. Hanikan: Well, the County has traditionally helped us with crowd control
equipment, like barricades; they paint the orange lines on the street; they
put up miles signs, traffic signs and signals department. It is just an
endorsement that we are looking for.
Mayor Ferre: Well, if the County is doing it, why should we do it?
Mr. Hanikan: No, we are just looking for an endorsement from the City, so
we can say to the County we have the support.
Mayor Ferre: I don't have any problems with that. In other words, you are
asking for the City to help you persuade the County to do this. And lastly,
that the City view the Orange Bowl Marathon and the series as a contract for
promotional services with a contract fee of $15,000. That is where you better
speak up. Wait, we don't have a quorum here. We'll have to wait. All right,
we have a quorum now. Go ahead.
Mr. Hanikan: The real reason for this is that last year you were able to
help us to the extent of $10,000, which was gratefully appreciated. The
marathon does a great deal in terms of promoting the image of Miami to the
whole world. Twenty-seven countries participated in the last marathon.
Venezuelan television broadcast the marathon to 5,000,000 homes. That kind
of impact carries a special fresh and exciting image for our city and
region all over the world. In order to do that, to make it the kind of
event that has the promotional impact, we have to get the very best runners
in the world here. Even cities like London, Rome, Paris, Tokyo, world famous
cities, support their marathons largely through local government sources.
JUN 15 IWO`
sl
Mr. Hanikan (CON'T): The London Marathon, for instance, is almost entirely
produced by the London County Council. So we are asking Miami to support
its own thing. It's become more than an advocation of a few runners. It's
a major prestige badge for our community.
Mayor Ferre: Let me ask you this. I certainly will be supportive. I think
along with the Grand Prix and the Championship Spark Plug and what have you...
the only thing that I would put as a prerequirement is that whatever we give
you, Metropolitan Dade County matches. In other words, we will do it on a
50-50 basis up to $15,000.
Mr. Gary: Mr. Mayor, can I recommend that we give them the police, which is
$5,000 and we give them $10,000, which is the same amo»nt we gave them last
year.
Mayor Ferre: Fine, provided that Metropolitan Dade County matches you.
Mr. Hanikan: We went through an appeals process with Metropolitan Dade County.
I think you all know the results of the Council of Arts and Sciences procedure.
They funded something like one out of eight tourist attractions.
Mayor Ferre: Did you get funded?
Mr. Hanikan: We got $4,500 from them. In the past we got as much as $20,000.
Mayor Ferre: I think we will do as the Manager recommends. I so move that
all these items will be accepted, but that the figure would be up to $10,000
and the police.
Mr. Hanikan: Thank you, sir.
Mr. Plummer: Ten and five- is there a second to the motion?
Mr. Carollo: Second.
Mr. Plummer: Seconded by Commissioner Carollo. Is there any further discussion?
Any members of the public wish to discuss this item? Hearing none, motion
understood, call the roll.
The following motion was introduced by Mayor Ferre, who moved
its adoption.
MOTION 83-519
A MOTION GRANTING A REQUEST MADE BY THE ORGANIZERS
OF
THE ORANGE BOWL MARATHON AS FOLLOWS:
1.
GRANT PERMISSION FOR THE ORANGE BOWL MARATHON
TO FINISH AT CITY HALL;
2.
ERECT BLEACHERS WHEREVER POSSIBLE OVER THE LAST
400 YARDS, UP TO THE FINISH LINE;
3.
GRANTING PERMISSION FOR THE USE OF THE AREA
RIGHT IN FRONT OF CITY HALL FOR POST -RACE
FESTIVITIES;
4.
GRANTING THE USE OF THE ':ITY COMMISSION CHAMBERS,
IN CITY HALL, FOR THE AWA►LIa CEREMONY AND OFFERING
THAT THE MEMBERS OF THE CITY COMMISSION WILL PAR-
TICIPATE IN THE EVENT;
5.
GRANTING POLICE IN -KIND SERVICES WITH A VALUE OF
IN THE APPROXIMATE AMOUNT OF $5,000;
6.
THAT THE APPROPRIATE DEPARTMENTS OF THE CITY AND
COUNTY BE ENCOURAGED TO PROVIDE RELATED SERVICES
SUCH AS: BARRICADES, THE PAINTING OF THE ORANGE
STRIPE, MILE -POST SIGNS, ETC., AND THAT SUCH
SERVICES BE DONATED; AND
7.
FURTHER INSTRUCTING THE CITY MANAGER TO ALLOCATE AN
AMOUNT OF UP TO $10,000 AS A CASH GRANT FOR PROMO-
TIONAL PURPOSES IN CONNECTION WITH SUCH EVENT.
07
sl
JUN 151900
0
4
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
5. INSTRUCT CITY MANAGER TO STUDY FEASIBILITY OF PROCEEDING WITH
PHASE II OF CITY OF MIAMI ADMINISTRATION BUILDING.
Mayor Ferre: Mr. Manager, I have given to you a memorandum that is entitled
City of Miami Administration Complex, Second Phase. I think it is time for
us to move along. There are members of the private sector that in my opinion
would be, and more than one, would be interested in bidding on this process.
I don't know, Mr. Manager, how we are going to do this. I want to say that
out front. There are several alternatives. I have always thought that
perhaps we could build a very large building 25-30 stories high and have
the private sector own, so they can get the advantages of depreciation portion
with the opportunity of the City over the next 25 years to buy it back, as
we need it. There might be other alternatives. Maybe it can best be done
in two buildings; perhaps a sale and lease back, or perhaps a private sector
building with a lease and an opportunity for us to recapture it at the end
of the depreciation period. I think that if you look at the amount of
money that we are spending one, in leasing outside space and two, in the
inefficiency in Dena Spillman and the Fire Chief coming here and going back
when you are talking about people that are being paid $40,000 and $50,000
a year and they have to come to City Hall once a day and an hour is lost,
not only the inconvenience to the public, but the inefficiency of having
all these governmental systems separated, I think that we can probably afford
to pay a lease figure. I think that we should at least attempt to figure
out a way of consolidating all our services into one general area. Since
we already have the police building and the fire building and the administration
building there, and then we have the Olympia building and then we have the
Law Department leasing space for almost $100,000 a year across the street.
I think if we make an analysis ... and if we don't have anybody in house to do
this, I would recommend that we get somone like Cushman and Wakefield or the
Allen Morris Company or some of our local real estate companies and help us
analyze this. Because I'm sure that for the same amount of money that we
are spending now we can probably afford to build and lease space in one
consolidated place with the ability to recapture it at the end of that period.
So I would like to move at this time that the Manager be instructed to study
this over the summer and to bring back a specific recommendation, as soon
as possible and no later than the first meeting of September, with a specific
recommendation for us to proceed, if it makes any economic sense. It may be
that at the end of that you may find that we just can't do it. But I think
that we should conclude it. So I would like to move this memorandum as
presented to you instructing you to do that. J.L., I made a motion.
Mr. Plummer: I'm sorry, sir. There has been a motion made. Is there a second?
Mr. Carollo: Second.
Mr. Perez: Second.
Mr. Plummer: Seconded by Commissioner Demetrio Perez.
JUN 151983
sl
s
Mayor Ferre: Now, the third...
Mr. Plummer: No, woa! We have a motion and a second. Is there any further
discussion by members of the Commission or anyone in the public who wishes to
discuss this item? Motion understood, call the roll.
The following motion was introduced by Mayor Ferre, who moved
its adoption.
MOTION 83-520
A MOTION DIRECTING THE CITY MANAGER TO STUDY THE
FEASIBILITY OF PROCEEDING WITH PHASE II OF THE
CITY OF MIAMI ADMINISTRATION BUILDING DURING THE
SUMMER MONTHS; FURTHER DIRECTING THE MANAGER TO
MAKE A RECOMMENDATION TO THE CITY COMMISSION NO
LATER THAN THE FIRST MEETING IN SEPTEMBER AS TO
THE ECONOMIC FEASIBILITY OF SAID PROJECT.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
6. DIRECT CITY MANAGER TO ALLOCATE AN AMOMIT NOT TO EXCEED $9,875 ■
FOR HAITIAN-AMERICAN YOUTH PROGRAM.
Mayor Ferre: Now we have Mr. Jaques Despinosse. Mr. Despinosse, would you
come? We have this problem with the Youth Program. I don't quite understand
where we are, except that I know it is a good program and we need to help them
as much as possible. Tell us how we can help you.
Mr. Jaques Despinosse: Good morning, Mr. Mayor and Commissioners, I was
here... Jaques Despinosse, 550 N.E. 77 St., Miami. I'm here representing
the Youth Program. As you know, I was here on February loth and $15,000
was granted to us and were asked to raise another $25,000. So far we tried
our best; we can't raise $25,000 we were requested by the Commission.
Mayor Ferre: The problem that we have here is that these people have been
working very hard and I think they have a wonderful organization servicing
the young Haitians in our community. By the way, I might want to point out
for you on the record that the Haitian community today...I don't know what
the latest demographic figures are, but we know for sure it is in excess of
35,000 to 40,000 in the City of Miami alones..there are..I talked to Joe
Malone, and this is just an aside, but just to show you what is happening.
By November of this year there will be close to 1,000 Haitians registered
to vote in the City of Miami, which is 1% of the total since the total
registration will be 104,000 voters. I think that this particular program
that deals with youths, Mr. Manager, is a very helpful program from what
I have seen of it. The problem is that it is impossible to put on these
people the burden to raise $35,000, because they just can't do that. So
we need to figure alternatives in helping them without putting the burden
on them to raise $35,000. They are just not going to do it. We don't
do that with anybody else. '
Mr. Gary: Yes, we do, but Mr. Mayor, we have reviewed their program and
we are recommending for two or three months that they be granted $9,000.
sl 09 JUN 151983
Mayor Ferre: But beyond the three months, Howard, I think it is important.
If it isn't Mr. Despinosse, then get somebody else or some other program,
but we need to help these Haitian kids.
Mr. Gary: Mr. Mayor, one of the things that we are doing. This, first of
all, will be a test project for three months and it is based on what he
submitted to us in terms of increased recreational services during the summer.
But if you note, as you may recall, I submitted a report to you in terms of
problems that we have in the Recreation Department. One of the things that
we are addressing is how we improve those services. That is not just for
the White community or the Black community; it includes all our communities.
I would request that the Commission wait in terms of long-term solutions
after we have done our report in terms of the needs assessment.
Mayor Ferre: Do you need any kind of a motion for this for the $9,000?
Mr. Gary: Yes, sir.
Mayor Ferre: Is there a motion?
Mr. Carollo: So move, Mr. Mayor.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Plummer?
Mr. Plummer: Fine.
Mr. Carollo: Under discussion, briefly.
Mr. Gary: The exact figure is $9,875.
Mr. Carollo: $9,875, I think that is a good step to keep the program alive
for the next two to three months when they need it so badly for all the kids
who are out of school. It is one of the most critical parts of the program.
But after those three months, what I would like to do is that in the next
few weeks to come to consider using some of that money that we have in
Edison -Buena Vista, the $250,000 that we put aside to see if we could include
their program into part of that money there.
Mr. Gary: That program would not be eligible under the guidelines that are
established by the Federal Government and yourselves. We could look at some
other sources.
Mr. Carollo: It is a possibility that maybe we could look at, Howard, since
they are going to have to hire additional people to take care of these kids,
then maybe through those guidelines there is a possibility that there might
be a loop hole that we could use for it. I don't know. But I would suggest
that possibly the Administration can sit down, and if that is not possible
then find other alternate source funds to keep this program alive beyond
the summer.
Mayor Ferre: There is a motion and a second. Further discussion on the
motion? What is the name of the program? .
Mr. Despinosse: Haitian -American Youth Development Inc.
Mayor Ferre: Further discussion? Call the roll.
sl 10 1983
JUN 15
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 83-521
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO ALLOCATE AN AMOUNT OF NOT TO EXCEED $9,875.00
FOR FUNDING OF THE "HAITIAN-AMERICAN YOUTH PROGRAM"
FOR A PERIOD OF TWO MONTHS.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
7. DIRECT CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $4,500
FOR PROMOTIONAL ACTIVITIES TO ATTEMPT TO BRING 1986 ANNUAL
CONVENTION OF LULAC TO THE CITY OF MIAMI.
Mayor Ferre: The next to the last thing that I have is LULAC. Commissioner
Carollo, Skip Chavez and Roberto Canino, who is the Vice President for LULAC...
you know LULAC is the largest Latin American civic organization in the United
States based in Corpus Christi, Texas. They have an annual convention. At
the annual convention anywhere between from 8,000 to 15,000 people come to
the convention. We are having to compete. We are trying to get them here
for the 1986 convention. The convention this year is in Detroit. There are
many other cities that are competing with us. They want to bring LULAC,
because it is a major plum, to their convention. For us to compete, we have
to put on a party for them, like we do for most of these things. The problem
is that there are no funds in the Convention Bureau to put on that party.
What they are asking for is $500 per night, plus tax. They need a hospitality
suite for two nights, which is $900. They need two bedroom suites for four
nights. They need some banners. Two seven or eight -foot -long, three -foot -
wide LULAC and Miami Welcomes LULAC banners. The total cost of all of this
is $4,500.
Mr. Carollo: I move it, Mr. Mayor. I think if we can get a convention
of between 8,000 and 15,000 people in Miami for under $5,000, it is well
worth it.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Again, let us understand what we are doing.
Mr. Carollo: We don't spend the money unless they come to Miami. That
is what we are doing.
Mayor Ferre: All we are doing, Mr. Manager, here is we are telling the
LULAC Vice President for the south that if he is able to get the convention
to Miami in 1986, that we will support them to that extent. I think to get
10,000 conventioneers here in an expenditure of $4,500 ends up being what
45C per conventioneer. We can certainly spend 45C per conventioneer to
bring a major convention to Miami. Are there any questions? Are there
any problems with that, Mr. Manager? I don't want to do this if you think
there is something....
sl 11 JUN 151983
♦ a
Mr. Gary: No, I think it is a good idea.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Carollo: I can't hear you, Howard.
Mayor Ferre: Put it on the record.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THL PUBLIC RECORD.
Mayor Ferre: I think this also brings out something else, which I want to
point out to you. We are really be competing for conventions with Philadelphia,
Boston, and Detroit, and Chicago, and San Francisco. We have to do these
things.
Mr. Gary: I agree.
Mayor Ferre: Because whether it is the ANACP or the Shriners or LULAC, when
they come down here, there are certain minimum requirements that are expected
of a convention city: a hospitality suite, banners....
Mr. Carollo: I hear the President is going to come down to speak, Howard.
Mr. Gary: Then I support it.
Mayor Ferre: If it brings 10,000 conventioneers, we'll support it.
Mr. Gary: Mr. Mayor, I support this. I think the resolution ought to be
read that the City of Miami will contribute $4,400 to seat the LULAC convention.
The administration seeking this convention will be done through the Convention
Sales Department.
Mayor Ferre: Yes, further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 83-522
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE AN AMOUNT OF NOT TO EXCEED $4,500 TO BE ADMI-
NISTERED BY THE CITY OF MIAMI CONVENTION BUREAU FOR
THE PURPOSE OF NECESSARY PROMOTIONAL ACTIVITIES IN
CONNECTION WITH THE ATTEMPT TO BRING THE "1986 ANNUAL
CONVENTION OF LULAC" TO THE CITY OF MIAMI; SAID FUNDS
TO BE USED FOR EXPENSES SUCH AS THE HOSTING OF A PARTY,
HOSPITALITY SUITES, BEDROOM SUITES, WELCOMING BANNERS, ETC.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
sl
JUN 151983
8. DISCUSSION ITEM: EAST LITTLE HAVANA TASK FORCE.
Mayor Ferre: Mr. Manager, the last thing that I have is that we have a
series of people the Little Havana area that are here that heard about the
distribution of funds for the jobs bill, the $400,000 that we earmarked for
Little Havana. The chairperson of the East Little Havana Task Force is here.
At this time, I would like to start by recognizing Maria Elena Prio-Duran.
Ms. Maria Elena Prio-Duran: Thank you very much. As you said, I am chairman
of the East Little Havana Task Force that you gentlemen... Maria Elena Prio-
Duran, I live at 3550 Rockerman Road in the City of Miami. I am chairman of
the East Little Havana Task Force that you gentlemen appointed recently. I
would like to point out that there are other members of that task force here,
Mr. Permuy, Mr. Capo, and Mr. Navarro. It is our understanding that the City
is making final determinations as to the distribution of the $400,000 of the
jobs programs that are going to be allocated to the Little Havana area. What
we have come to suggest to you is that the agencies in the programs that
receive these monies be required to set aside some part of their fund or
their program -whatever that may be; be it jobs or construction or rehabi-
litation of housing- to the East Little Havana area. The East Little Havana
Task Force as yet does not have formal recommendations to this Commission.
They will not be forthcoming until the middle of July. But we are in the
development stages of the action plan. We would not like to see the Little
Havana area by-passed simply because infructuosly our recommendations will
lag about three or four weeks behind our final determinations as to where
these funds will go. We would like some type of asurance that if it is
going to be jobs, let's say, a minimum percent of those jobs will go to
the Little Havana area. If it is going to be funds for construction, I
understand that it is not yet specifically determined what these programs
will consist of, but I believe you all know about the needs in East Little
Havana. That is what we would like to recommend.
Mayor Ferre: Let me say -and the Administration can speak for itself- but
it was the Administration's recommendation that the East Little Havana
Task Force be established. I am sure that they would not do anything in
East Little Havana without at least discussing it with your committee.
So I think you can be sure that before anything is concluded, there will
be discussion with your group. Secondly, Mr. Manager, we have representatives
here of different civic groups, for example, we have the Little Havana
Merchants Association that is represented here by Mr. Capo. I don't know
whether Mr. Capo wishes to speak to the Commission to establish the fact
that they too wish to be consulted before the decision on the usage of
these funds. In other words, you know that CAMACOL has requested funding,
the Little Havana Center has also requested funding. They would like to be
also consulted. We have also Mr. Jose Navarro, who is here. If Mr. Navarro
would step up and identify himself. I will recognize him for his statement.
Ms. Prio-Duran: Thank you very much.
Mayor Ferre: Thank you.
Mr. Jose Navarro: Jose Navarro, executive director, Senior Centers of
Dade County, 1407 N.W. 7th Street. The purpose of appearing before the
Commission today is to request that our agency, Senior Centers of Dade
County, be included as one of the agencies receiving funds from the jobs
bill program. We have provided social services in the East Little Havana
area during the last twenty years. We feel that we could cooperate with
the other agencies designated to receive these funds and to cooperate in
the effort of the Task Force designated so that the funds and effort will
be put in the East Little Havana area.
sl 13 JU% 151983
0
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4k
Mayor Ferre: Any questions from members of the Commission? Any further
statements? Mr. Manager, I don't think we need a resolution to this effect,
but the Commission would instruct the Administration to please take into
account the various organizations and groups so that they don't feel that
they have been left out in any way,
Mr. Gary: We will, Mr. Mayor. I would like to just bring to your recollection
what we agreed to. That was that we would submit an application to the Federal
Government that would allocate money by major area and the general purpose.
The details of who is going to administer the specifics in terms of what
is going to be done, will be done after we submit that process so nobody will
be excluded and we will get everybody involved.
Mayor Ferre: Any other statements or questions?
Mr. Perez: It is important, Mr. Mayor, to point out Dena Spillman was
instructed at the last Commission meeting to meet with the Senior Centers
of Dade County. I think that is in the record from the last Commission
meeting.
Mr. Navarro: We have met with her and presented our basic concept.
Mayor Ferre: Thank you, sir.
9. GRANT REQUEST MADE BY MUSEUM OF SCIENCE FOR PLACEMENT OF TWO
TRAILERS ADJACENT TO THE MUSEUM OF SCIENCE FOR A PERIOD NOT
TO EXCEED NINE WEEKS.
Mayor Ferre: The last item that I have before me is the Museum of Science,
Mr. Erik Speyer. Mr. Speyer, the Chair recognizes you.
Mr. Erik Speyer: Thank you, Mr. Mayor. My name is Erik Speyer. I'm the
executive director of the Museum of Science. As you all know, we are the
neighbors of the Historical Museum. They are about to move out, going downtown.
They are going to vacate their spaces by June 1st. If they didn't, they would
still let us have the class room spaces and the exhibit spaces that we can
convert into classrooms by June 1st. So, our summer program schedule and
commitments are made by May. Therefore, we were committed to taking these
rooms and have committed ourselves to about 3,000 kids....
Mayor Ferre: What is it that you need from us?
Mr. Speyer: I'm just giving you background here on why we have suddenly...
we're charging ahead on this thing. We need an administrative directive of
the City Manager to act on a request for us to put two trailers on our site
for eight weeks to allow us to expand into those trailers. They will fully
comply, of course, with the City and South Florida Building Codes.
Mayor Ferre: Mr. Manager, do you have any problems with this?
Mr. Gary: I have some problems with this. First is that this thing has
come to me on June 14th. I have not had a chance to review it. I can't
respond because there appears to be some zoning and code situations that
I have not had a chance to review in terms of liability to us and to him.
Mr. Speyer: I was told that I needed to go before the City Commission.
Mayor Ferre: Let's do it this way. Let's pass this subject to the Manager's
final approval for his working out any... Since we won't be meeting now
until the middle of July, the purpose of this is to try to work it out, if
possible. Is there a motion to that effect?
�.4
si JUN 151
Mr. Carollo: Move.
Mr. Perez: Second.
Mayor Ferre: It has been moved by Carollo and seconded by Perez that the
request of the Museum of Science is approved subject to the Manager's final
agreement and subject to the fact that we can work out whatever legal requirements
are left, insurance, zoning matters, and otherwise.
Mr. Speyer: Thank you, that is all I needed.
Mayor Ferre: Mr. Manager, does that cover it?
Mr. Gary: Yes.
Mayor Ferre: It puts it in your hands. Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 83-523
A MOTION GRANTING A REQUEST MADE BY MR. ERIK SPEYER,
EXECUTIVE DIRECTOR, MUSEUM OF SCIENCE, FOR THE PLACEMENT
OF TWO TRAILERS ADJACENT TO THE MUSEUM OF SCIENCE FOR
A PERIOD OF NOT TO EXCEED 9 WEEKS FOR THE PURPOSE OF
ACCOMMODATING VARIOUS SCIENCE PROGRAMS WHICH THE MUSEUM
HAD PREVIOUSLY COMMITTED ITSELF TO, DUE TO THE FACT THAT
THE INTENDED SPACE IN THE MUSEUM WILL NOT BE AVAILABLE
FOR SAID PURPOSE; ALL THE ABOVE SUBJECT TO NECESSARY
TIE -DOWN PROCEDURE BY A CONTRACTOR, TYE FPL HOOK-UPS
FOR AIR CONDITIONING, INSTALLATION OF STEPS WITH SAFETY
RAILINGS AT ALL EXITS, AND SUBJECT TO ALL LIABILITY
COSTS BEING CARRIED BY THE MUSEUM AND INSPECTED BY THE
INSURANCE AGENT.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
10. DISCUSSION ITEM: PERSONAL APPEARANCE, MR. AL CARDENAS, REGARDING
INSTALLATION OF STREET CLOCKS IN THE CITY OF MIAMI.
Mr. Carollo: Mr. Mayor, I would like to ask for Mr. Al Cardenas to come
up. As you all will recall, last time we met, we requested from the
Administration that Mr. Cardenas on the client that he was representing
for city-wide clocks be placed in the agenda for this meeting. Apparently,
through some oversight, it was forgotten to be placed on the agenda. I
would like to bring the item back. I'm sure that the staff is prepared
for it by now.
Mr. Al Cardenas: Thank you, Mr. Mayor, for the record, my name is Al
Cardenas, 888 Brickell Avenue. I represent the applicant, Electronic
Time Inc. International Co., with the world-wide exculsive right to the
sl 15 �9
JUN 1
Mr. Cardenas (CON'T): Omega Clocks. Also with me this morning is Mr. Luis
Parajon, of P.R.S. International, the company that represents my client in
United States. I think there are two basl,c questions to ask to this street
clock concept. One, is the concept good for the citizens of Miami; the other
if so, what care should be taken in selecting the sites for the clocks. I
think it is important that all of us discern this as a two-phase approach.
One, let's concentrate on a short presentation on chat these things are and
what they would represent to the City of Miami. if it makes sense to you,
as I think it does to us that the citizens of Miami would greatly benefit
from this service, then I think that second and separately, is the issue
of where should these clocks be located. Because obviously, the one area
of concern from an aesthetic point of view and the one area of concern that
you will have, as to whether or not you want to participate in this program,
is this whole concept of where should these things be located. I think this
is the one area we are probably —the City Planning Department and some folks
have expressed concern. What I want to do, especially in today's meeting,
is see if the concept makes sense to the Commission. If the concept makes
sense to you, I think this matter... perhaps you should consider having it
out to bid to make sure you get the best possible deal for the City. Once
you have made all of those arangements, make sure that the clause stipulates
that the sites to be selected must be selected at mutually convenient locations.
If we do that, I think we'll be able to work hand in hand with you in the
City and we will be able to provide the citizens with a needed service. The
concept that I am speaking to you about today is a concept that is in existence
today in Madrid, Spain; Bohn, Germany; Frankfurt, Germany; Rio de Janeiro;
Ipanema; Quito, Ecuador and twenty or thirty modern cities in the world.
This is the first time that the concept is sought to be brought to the United
States of America. The question that might be raised is well, if this concept
is so great and so used world-wide, why don't we have it elsewhere in the
United States? I have asked out clients and I have asked some of the competitors
of the clients who are in this industry. Nobody has ever tried it here before.
I think it is something like soccer. You know, it is the world's most popular
sport, yet it wasn't known in this country, really, on a major basis until
the last ten years. There has never been one company in the world that does
this, who has decided, "Well, let me knock on the doors of the United States
and see what it is like." So it is the first time that the concept is being
introduced here. I think one picture shows one thousand words. If I may show
a couple of slides and let me pass these out as well.
Mr. Parajon, these are in Quito, Ecuador. Correct?
Unidentified Speaker: That's right.
Mr. Cardenas: The client brought slides from two places where they have been
recently installing... in Quito and in Buenos Aires. These are from Quito
right now. Let's move it real fast, so they get a glimpse. This is Ipanema
Beach in Rio de Janeiro. This is again Ipanema. These are evening shots
in Ipanema, Rio. This is in Rio. This is downtown Rio. These are some
locations that we looked at in the City of Miami that might make sense.
This is the area in the...these are different shots within the City. This
is the Decorators' Row, Merchants area in the northwest section. This is
by the U.S. post office building downtown, Miami -Dade Junior College Center.
These are by the Freedom Tower. Of course, this is Brickell. I think
Planning... Thank you, I think we have enough there, Luis, thank you very
much. Planning expressed strong concern over areas like Brickell and down-
town Coconut Grove, where the City spent a lot of money in downtown development.
Planning was of the opinion that aesthetically these would not be in tune with
those particular areas. I have no problems, Mayor and members of the Commission,
of sitting down at a later date and if it is not me and it is another prevalent
bidder, sitting down and spending hours and hours deciding on locations that
would be acceptable to the City of Miami.
Mayor Ferre: And design.
Mr. Cardenas: And design, that is correct.
Mayor Ferre: I tell you, some of those are not bad looking. Others are
pretty ugly.
sl 16 JU% 151983
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Mr. Cardenas: Absolutely! I told the client the same thing. I put some
hand drawn design there to show you just how flexible we can be in the
design criteria along with the pictures that I have here. These can be
made practically to order. I think in the bidding process, we would be
submitting a variety of designs for your choosing. Let me tell you a little
bit about dollars and about the service, which are the two things that the
citizens of Miami are concerned about. What are we getting for this in
exchange for allowing these folks to put tip these? Well, we have calculated
it financially. It would take about sixty ... a minimum of about sixty of these
throughout the City for it to ¢sake sense financially to everybody, including
the City. There are various ways of entering into a negotiation with the
City. One, we could just give away a number of these and you would own them
and rent them. Or we could install all of them, own them, and lease them and
have the City take a percentage of the gross or the net over the lease.
As I said, the number that makes sense to us is around sixty. If we do
that for around a ten year period, the way we estimate, the City ought to
get in excess of half a million dollars. At the end of the ten years, we
would deed the whole system to the City, which is worth over a million dollars.
So, in that ten year period, you are looking at about a million and a half
dollars for the City of Miami. Subsequent to that, these things have a life-
time of indefinite duration. All of the procee;'s, including rentals and so
forth could be the City's. So, you are talking about a negotiation that
could easily be worth in the millions of dollars in terms of revenues.
Mayor Ferre: Al, we need to wind it up.
Mr. Cardenas: O.K., this is the last point. In terms of service, the important
thing about this is, one, in other areas we have offered throughout the world,
time/temperature and the city's message. As far as this particular concept
is concerned, and we are not at liberty to discuss anything during the bidding
process, but there are going to be additional services which might be provided
by various bidders, and if they are, I guarantee you that during the lifetime
of this thing, you are going to save more than one life. That's been my
presentation. There were some technical problems presented by Public Works
in their memo. I don't foresee that any of these are insurmountable. I
think that they are less difficult than let's say, the cable T.V. ordinance
to overcome. So I think the technical things we can overcome. We are
primarily down to aesthetics. I think that we can deal with at a different
time.
Mayor Ferre: Let's hear from the Administration on this.
Mr. Jack Luft: Mr. Mayor and members of the Commission, I spent a good deal
of time thinking about this proposal. Don Cather from Public Works has sat
in as well. If you decide to direct the Administration to further consider
this issue and study where locations may be picked, I want you to be aware of
the problems that we are considering here. These are, in fact, neon light
plastic billboards meant to be advertising for cigarettes, beer, and banks.
The proposals that we saw would have placed them in the middle of Brickell
Avenue, in the middle of Bayshore Drive in Coconut Grove in front of City
Hall, in -the downtown Coconut Grove main intersection, in the middle of
Biscayne Boulevard in front of Bicentennial Park. The point is that we
understood from the presentations the desire obviously for these clocks,
for the proposal to work, must be in extremely visible locations, heavily
trafficked areas. They specifically look at medians of boulevards. We
recognize, and Public Works was very emphatic about this, the problems of
putting these standards and signs on sidewalk areas and busy commercial
districts, where you do not have a median in the street, it becomes very
difficult to place it on sidewalk areas in front of other business signs
where sidewalks are usually too narrow. In the entire downtown area there
are very few places that we can do this. In S.W. 8th Street it would be
difficult. Certainly in downtown Coconut Grove it would be hard. Yet
when you consider where the medians of boulevards exist in this city, you
realize there are precious few: Coral Way. Again, the dilema that we see
is that when you try to find sixty locations in this City, and you try
to find medians of boulevards to put these in, you are reduced to those areas
where we feel the impact of lighted billboards in the middle of the street
are simply unacceptable. When you contrast this to the public advantage that
is being offered here, basically the time of day and the temperature, we
1`7 5 10
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Mr. Luft (CON'T): do not feel that service merits that kind of consideration.
Frankly we feel most people wear wrist watches and the temperature is not too
hard to tell. Jf it were something essential, like a bus bench or a bus shelter,
where people must sit and wait for a bus and must be protected from the elements,
a vital service is provided. That is very different than the time of day or
the temperature. We are not hopeful that we can find too many acceptable
locations for these clocks. We are willing to look at areas, perhaps on
industrial areas or major boulevards through strip commercial sections...
I don't know, the airport area or something, but I would caution you that
the Administration is not at all hopeful about negotiating locations in
Biscayne Boulevard, Bayshore Drive, or Coral Way for these billboard clocks.
Mayor Ferre: Questions from the Commission and then we need to move along.
Mr. Carollo: I would just like to say that some of our best people don't
wear watches sometimes now. But that is besides the point.
Mayor Ferre: Do you have a watch, Jack?
Mr. Luft: No, I don't. I don't have a watch. I have a time/temperature
calculator in my billfold.
Mr. Carollo: What I would like to see is if it is possible, Al, if we
could see some pictures of the types of clocks and advertisements that
you are planning on placing in the City.
Mr. Cardenas: Absolutely, I think, frankly, that we are premature in two
things: site selection and design. My purpose for being here today was
one, have you perceive that one, the concept is worthwhile from a service
and financial standpoint for the citizens of the City. Assuming everything
else is acceptable, why don't we go on to a bidding process? But a bidding
process subjected to these qualifiers, so that if come point in time you
are not satisfied with any of the designs proposed by the bidding companies
and you are not satisfied with the locations that the bidding companies
are willing to live up to, then you don't have a concept. So that is where
I think we ought to go. I think Planning is right. I think this thing
ought to be handled carefully. I think there are many areas in the City
where these clocks don't belong. I think there are some areas of the City
where they will enhance the environment considerably. I think there are
some areas of the City where the service is badly needed, especially in
the lower income areas. I think the folks in the lower income areas don't
wear watches, as many as some other people do. I think people who had this
service in the 20 or 30 major cities throughout the world realized it one
day when they agreed to the service. Those are the contingencies that I
felt should be left to a latter date to discuss with the bidders.
Mr. Dawkins: Is this a pocket item?
Mayor Ferre: Yes, it is.
Mr. Dawkins: I would like to call the rule on this, because I haven't bad
time to study it.
Mayor Ferre: All right, a member of the Commission has called the five-day
rule on this. So this matter will now come before the Commission at the
July 18th regular meeting. In the meantime, Mr. Cardenas, I would recom-
mend that you do visit with the members of the Commission and explain
exactly what this is all about, and we will take a vote on it at that time.
Mr. Cardenas: O.K.
Mr. Carollo: If I may, Mr. Mayor, that is fine, but the reason that it was
brought up as a pocket item was that after the Commission instructed the
Admiustration to place it oa the agenda for this meeting, through oversight
-I know there are a lot of items that they have to deal with- they forgot
to place it.
Mayor Ferre: I understand.
sl 18 JUG 15 IM3
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Mr. Carollo: So, technically, it is really not a pocket item, since the
Commission and yourself instructed the Administration to place it in.
Mayor Ferre: Joe, the problem is that you may be right in intension, and
I think you are right, if you instructed the Administration to place it on
the agenda, but if the rest of the Commissioners are not privy to that,
then a five-day rule is....
Mr. Carollo: I have no problem, Mr. Mayor. What I would like to do is to
make sure that the Administration does place it in the next Commission meeting
that we have available. I guess that would be when?
Mayor Ferre: July 18th.
Mr. Carollo: The 18th. Howard, can you make sure it is placed then?
11. DIRECT CITY ATTORNEY TO INSTITUTE LEGAL STUDY RE: FEDERAL
GUIDELINES REGARDING PLACEMENT OF HOUSING PROJECTS IN THE
CITY AIM ALSO TO STUDY THE POSSIBILITY OF THE RE-ESTABLISHMENT
OF THE CITY OF MIAMI H.U.D. AGENCY.
Mr. Carollo: One last item that I would like to bring out to you to get
some information on. Before I bring this one item, Mr. Mayor, and I'm
sorry that I'm going to take a few minutes, but this is the only item that
I brought up, and everybody else has been bringing some other items up.
I would like to make a motion, Mr. Mayor, that the rules and policies that
this Commission goes on record in asking H.U.D. and other low income housing
that we have inside the City of Miami city limits, that priority would be
given to residents of the City of Miami. In other words, this is the only
way that we are going to assure that our residents are the ones that acquire
the low income affordable housing in the City of Miami. What has been happening
is that Dade County will come in and yes, they will build some units in the
City, but then you find out the majority of the people that are using those
units, are people from other parts of Dade County that don't live inside
the City of Miami. We want affordable housing in the City of Miami, but
we want the people of Miami to have number one priority in that affordable
housing.
Mayor Ferre: Joe, I will recognize you on that motion. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Now, under discussion, I would like to point out that this __
Commission in the past has gone on record doing exactly that. So this is a
reiteration of our position. But I want to point out to you that H.U.D.
totally has disregarded us in this petition in the past. The reason why
Mel Adams has disregarded us is because they say that Federal guidelines
specifically preclude local government entities from doing that. Since
Metro H.U.D. has the responsibility for public housing county -wide, other
than Hialeah, they cannot distinguish between people who happen to live
in South Miami from people who live in West Miami, since they have that
responsibility. Therefore, they cannot give preference to people who live
within the jurisdiction of the City of Miami. However, I totally agree
because the City of Miami has gone on record on many occasions and spent
the taxpayers monies in helping H.U.D. to get housing. As a matter of fact,
I think it is a total injustice that we go out and spent taxpayers monies
to help Metropolitan Dade County build houses and then we end up getting
people from Hialeah and other jurisdictions to move into these houses.
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Mr. Carollo: Mr. Mayor, if I may make an addition to the motion, if the
Director of H.U.D. insists that he is not going to follow the guidelines
that we are placing.
Mayor Ferre: It is Federal guidelines.
Mr. Carollo: Well, this is what he says, that they are Federal guidelines,
but I really question that. But what I would then like to include in the
motion is that our legal department immediately study this and would take
any legal action that could be taken by the City and that would immediately
be presented to the Commission, whatever study they do on that.
Mayor Ferre: I think that makes a lot of sense. I think that is the proper
way to go about it. Mr. Garcia -Pedrosa, Mr. Clark, the motion, as I understand
the thrust is that you look into the legal avenues to see if those Federal
guidelines indeed are binding and whether there are exceptions. If there
are exceptions, that we formalize them in a legal petition to the County.
If not, we may want to proceed and do some legal action on that.
Mr. Carollo: We could have a vote on it.
Mayor Ferre: Does that cover it? Is there further discussion on the motion?
Mr. Dawkins: Under discussion, that Mr. Carollo, I agree wholeheartedly with
what you said. I have tried to tell the Administration over and over that
the way to beat this is when we put up a piece of housing, we do not allow
them to displace anybody or remove anybody until the new building is up.
Then when you let us move, those individuals who we are going to displace
into the new housing in the City of Miami, then we will let you tear down
this piece of property and build another one to put more people in the City
of Miami. If we do not do it that way, Mr. Carollo, just like you said,
once we force these people to move out of the City of Miami, then they go
on the waiting list on the County and they are the last ones to come up to
the top. I agree with you wholeheartedly.
Mayor Ferre: Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 83-524
A MOTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY
TO INSTITUTE A LEGAL STUDY TO DETERMINE WHETHER THE
FEDERAL GUIDELINES REGARDING PLACEKE NT OF HOUSING
-AS INTERPRETED BY THE DIRECTOR OF DADE COUNTY HUD -
ARE IN FACT LEGALLY BINDING OR WHETHER THERE ARE
EXCEPTIONS SUCH AS THE COMMISSION'S DESIRE TO GIVE
PRIORITY IN HUD PROJECTS TO RESIDENTS OF THE CITY OF
MIAMI.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
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Mr. Carollo: Mr. Mayor, one addition that I would like to make in this
same thought of mind. I think it is appropriate that we make it now also.
That is just like Hialeah has their own H.U.D., I would like for our staff
to study what avenues we could possibly take to have our own H.U.A. here
in the City of Miami. Whatever funds Dade County is not using, that the
City of Miami can acquire its own for us to go ahead and establish our
own department, just like Hialeah has. I think that would be a message
that would be sent loud and clear to Mr. Adams, that we are very serious
about the suggestions that we have given him here today.
Mayor Ferre: That is something that the Law Department can bring up to
date. Let me give you the... I'm sure you know this, but let me reiterate
it on the record... In 1971, the City of Miami turned over the Miami
Housing Authority. Mr. Martin Fine, who is here today, was the chairperson
of the City of Miami's Housing Authority. Twelve years ago, when we gave up
the Housing Authority, it was done because we were pressured by the Federal
Government that unless we had an overall community approach to housing, we
would be cut short in funds. The Commission at that time decided on the
recommendations of then City Manager, Mel Reese, that it was indeed in
the best interest of the City of Miami to turn it over to Metropolitan
Dade County. When that was done, the law then precludes the City of Miami
to deal in public housing. That doesn't mean we can't deal with housing.
We can deal in housing: second mortgage programs, we can do all types of
moderate income housing, we can become involved in housing. What we cannot
do under the law is create another department that will deal with public
housing. By law we are precluded from doing that and we can only deal
through the established agency, which is Metropolitan Dade County H.U.D.
Now, the only other alternative, as I remember, because we have gone through
this legally before, is for Metropolitan Dade County to return to us the
authority to have a separate Housing Authority and then we would have to
get approval from Washington. The probabilities of that happening, I would
say, are none. But I think perhaps, with things changing in Washington as
they are these days, there may be an avenue for us to investigate that. So
Mr. City Attorney, you need to write the Department of Housing in Washington
and we need to investigate it and see if things have changed.
Mr. Carollo: Mr. Mayor, let me say this. I don't think the main problem
that is going to develop is going to be necessarily in Washington. I think
that we can get the O.K. from the Federal Government. I think we have
enough people here that can get in to the Administration in Washington.
Al Cardenas is one who was here. I, myself, can call some of the people
that we know up there. I think the problem is going to be in the Dade County
Commission. That's where we are going to have to lobby hard to get the
five votes that we need there.
Mayor Ferre: Let's first of all get the legal posture that we have now
before the Federal Government. Then we can proceed after that.
Mr. Carollo: I would like to make that in the form of a motion, Mr. Mayor.
Mayor Ferre: Is there a second to that motion?
Mr. Perez: Yes.
Mayor Ferre: Commissioner Perez seconds. Further discussion? Call the
roll.
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JUN 151983
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The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 83-525
A MOTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY
TO STUDY THE POSSIBILITY OF THE RE-ESTABLISHMENT OF
AN AGENCY OF H.U.D. OF THE CITY OF MIAMI AND REQUESTING
THAT THE CITY ATTORNEY ESTABLISH THE LEGALITY OF SUCH
RE-ESTABLISHMENT IN WRITTEN COMMUNICATION WITH WASHINGTON,
D.C. AND METROPOLITAN DADE COUNTY.
Upon b�iing seconded by Commissioner Perez, the motion was passed and
adopted by Lhe following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice Ferre
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
1^/13
DISCUSSION ITE14: CONTRIBUTION OF A WORK OF ART BY THE CHILEAN
GOVERNMENT.
Mr. Perez: Mr. Mayor, I have a pocket item. It is only that I would like
you to recognize Mr. Roy Datz, who was waiting here for about an hour.
This is an artist from Chile, who wanted to donate a sculpture to the
City of Miami. He made already a formal donation about a year ago, but
I think that it is important that we.
Mayor Ferre: Your name and address for the record.
Mr. Roy Datz: My name is Roy Datz. I live in 6269 Sunset Drive, Miami.
The Chilean government had about a year ago decided to donate a sculpture
to the City of Miami.
Mayor Ferre: The Chilean government?
Mr. Datz: Yes, sir, through the Chilean Consulate.
Mayor Ferre: I see, this is a work of art that you have done.
Mr. Datz: Yes, sir. The government has decided the palm tree to be the
major design because it is represented in the shield that you have right
behind you, Mr. Mayor; and also this sculpture is going to be turned into
a fountain in order to bring two very strong characteristics of the City,
which is the palm tree and the water, which everybody knows around the
world related with Miami. We will like to know a location which I have
been talking and discussing today, the Director of Parks and Recreation....
Mayor Ferre: Mr. Datz, let me stop you. I want you to understand. Phase
don't... I don't want you to be offended by what I am about to say. We
have to be very careful, because, and I'm sure this is not the case with
you, because you are a legitimate artist who has the best intentions. If
we were to set this as a precedent many commercial artists who want to
get their names known, would donate pieces of art and we would be flooded
with hundreds of petitions to put art works on Biscayne Boulevard and Brickell
Avenue and South Miami and Bayshore and all other important points. So, the
procedure that we must follow is that we have a committee, which is called
Art in Public Places.
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JUN 15 IM
Mr. Datz: They have already accepted it, Mr. Mayor.
Mayor Ferre: Oh, I see, Art in Public Places has already recommended.
Mr. Perez: It is important to point out that about a year ago he started
all this procedure. It is approved by that committee and it is only pending
from the Administration, from Mr. Carl Kern, in order to have the right place.
But it was approved a long time ago. That is the reason that I try to call
it to this meeting.
Mayor Ferre: I didn't know that and it is very important. As long as the
Committee of Art in Public Places has approved this, then I don't have any
problems. Mr. Kern, do you have anything you want to add to this?
Mr. Kern: Yes, sir, we recommend the project. However, we need to define
the exact location. That has been the problem. We have had many site visits
and we are still trying to determine where it should be placed.. That's our
problem at the present time.
Mayor Ferre: When can you have a recommendation to the Commission on that?
Mr. Kern: We were going to schedule it for the July agenda with some
sketches and drawings of the whole project.
Mayor Ferre: All right, we will be dealing with this in July. It will be
on the July agenda, which is what, the 18th? I would like to see the designs
and the sketches. Thank you very much for your generosity. We are very
grateful.
Mr. Perez: I would like, Mr. Mayor, aside presenting with the last Commission
meeting with Capital Bank, I would like to have a resolution honoring Mr.
Roy Datz, expressing our gratitude for his contribution to the City of Miami.
I would like that be as a motion that we can make a resolution in favor of
Roy Datz.
Mayor Ferre: J.L., do you want to second that? It is a motion of gratitude
to the artist, Mr. Datz? Further discussion? Call the roll on that?
The following motion was introduced by Commissioner Perez, who moved
its adoption.
MOTION 83-526
A MOTION OF THE CITY COMMISSION HONORING MR. ROY DATZ
FOR HIS DONATION OF AN ART WORK ON BEHALF OF THE GOVERN—
MENT OF CHILE TO BE GIVEN TO THE CITY OF MIAMI.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
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JUN 15 083
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14. DECLARING CITY COMMISSION POLICY RE: APPLICATION FILED UNDER
ORDINAdCE 6871 AND ORDINAOCE 9500 (B) DISCUSSION, PUBLIC HEARING,
AiTD DENIAL OF CONSIDERATIUR OF CFLA14GE OF ZOOIX FROM R-2 TO R-4
014 PROPERTY LOCATED APPROXIMATELY 2745-55, 2803, 2815, AND 2823
/A/T A•.TT'T 1T..T.. .1
Mayor Ferre: Mr. Fine.
Mr. Martin Fine: For the record my name is Martin Fine. Just on item 11
I have an emergency in that I have to be at a meeting at 2:00 o'clock,
anytime before then. But we have a request for a deferment. I don't know
whether you want to hear it now or whether you are going to take the deferment
request.
Mayor Ferre: This is an application by Jean Dolan and James Merrick Smith
for change of zoning in Coconut Avenue from R-2 to R-4. Is there anybody
here on that issue? All of you are here on the issue. Well! I think we
have already deferred this once. Didn't we? Mr. Fine, I think the rules
of the Commission are that we will defer it once; but the second deferal
is really going to require, I think, an awful lot of explanation. I am
not inclined to defer the matter since these neighbors have come here twice
and they have sat patiently to two... The last time they sat here most of
the day. This time they have sat for an hour and a half.
Mr. Fine: Mr. Mayor, I want to go in turn. I just wonder if it might be
appropriate when you start your agenda, we are on items 11 and 12, might
you be kind enough to call us first, second, or third, so we could finish
before the noon recess. We will make a request for a continuance. If you
don't do it, we will go ahead with the hearing.
Mayor Ferre: I would, out of courtesy to you, if you want, take you at
this time. But I don't personally think we can continue this, unless I
am overridden by three members of the Commission.
Mr. Fine: I hear you. We'll make the request. If you give us permission.
If you deny the request....
Mayor Ferre: Go right ahead, proceed with item 11.
Mr. Fine: For the record, my name is Martin Fine, Fine, Jacobson, Block,
2401 Douglas Road. 1 am here with my associate, Judith Triefler, and the
applicant, Mrs. Dolan. I apologize both to the Commission and to the
neighbors in the community. We were retained the day before the last
hearing, which is why we asked for a continuance. On June 8th, we
delivered a letter to a very capable City Attorney saying that this
application was filed in the alternative. That is, it was filed under
the existing ordinance and more importantly, it was filed under the new
ordinance. Since the new ordinance is not scheduled to be adopted until
June 27th, we feel that it would be inappropriate to hear it under the
new ordinance, and we would therefore ask for a postponement. We put this
in writing. He's here. He can respond to it. If he feels that is
correct, you still obviously have the alternative. If not, we will proceed
with the hearing, although that is not what we want to do.
Mayor Ferre: What is the recommendation of the Administration on this matter?
Mr. Jack Luft: Do you want a recommendation on whether we should postpone?
Mayor Ferre: You heard the counselor say that he would like to have this
postponed because of the difference between the old zoning and the new
zoning that goes into effect on June 27th. There is a request here as
to whether this should be continued.
Mr. Garcia -Pedrosa: Let me say something if I might, Mr. Mayor. What this
applicant is asking is something that is being given as an option to all
applicants. What happened was originally, before we determined how to deal
sl 24 . tan
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Mr. Garcia -Pedrosa (CON'T): w!.th the overlap between the two ordinances,
applicants were told that a certain procedure would be followed that is
different from the procedure that this Commission has now agreed to. I
remind you that you are now approving an ordinance in which it is stated
that an applicant can file completed applications before June 26th and be
governed by 6871 or an applicant can file completed applications on June 27th
and be governed by 9500.
Mayor Ferre: Are you telling me that as a matter of right, he has that right
to do that?
Mr. Garcia -Pedrosa: No, what I am saying to you is that in my opinion what
they are asking for is what is now being given to all other applicants who
merely show up and they are told that information and they say, "O.K., I'll
wait until June 27th."
Mayor Ferre: The point, therefore, is that for us to deny him that right
is to deny him what everybody else is being granted.
Mr. Garcia -Pedrosa: That is what I am telling you, yes, sir.
Mayor Ferre: Therefore, that would be discriminatory against these people.
Mr. Garcia -Pedrosa: That is why I am telling you, Mr. Mayor, that what
he is asking is what everybody else is already getting.
Mayor Ferre: Well, in other words, what choice do we have? Technically,
even though I am sure Mrs. Dolan and Mr. Fine would not take us to court
on that, but I'm sure they could take us to court and ask for a judgement
by the judge and say, "Judge, the City of Miami has given this right to
these fifty people, and here they have denied it to me. That is patently
discriminatory.
Mr. Garcia -Pedrosa: That is why I interrupted you, Mr. Mayor, because I
didn't think you should treat one applicant differently from every other
applicant.
Mayor Ferre: I don't see how we can.
Mr. Fine: In other words, we are not here asking for deferment because we
are not ready to go. We have all the information. I would never do that
to these people. There is no way we could have asked them not to come.
It is frankly a legal right that we have. We apologize for the inconvenience.
We apologize to you. We do not want to be heavy handed. We are simply trying
to be in the same position that anybody else could be. We would appreciate
that deferment.
Mr. Dawkins: Mr. City Attorney,,do these two ordinances or laws that we
are discussing have anything to do with whether the Commission's vote of
yes or no on these citizens' request?
Mr. Garcia -Pedrosa: I'm not sure I understand the question, Commissioner.
Mr. Dawkins: O.K., if Mr. Martin Fine, I'm sorry, not Martin, but if the
person whom Mr. Fine is representing comes before me with an argument now
under the existing regulation and he comes before me with the same argument
with the next ordinance, is there anything in the last one that might show
that I am more right to grant it to him than I am now?
Mr. Garcia -Pedrosa: Now I understand your question, Commissioner.
Mr. Dawkins: Thank you.
Mr. Garcia -Pedrosa: And I don't know the answer. In other words, what
you are saying is would the decision be any different under the 9500
ordinance as opposed to the 6871.
�R*
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61 JUN 1519W
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Mr. Dawkins: All right, you don't know. Jack, both of you, as the law is
written now these citizens feel that they have a right to ask that this
be denied, under the existing law. Is there anything in the new law that
would make them more wrong to ask for denial?
Mr. Luft: Or more right.
Mr. Dawkins: I beg your pardon?
Mr. Luft: The two laws are essentially comparable. There is no fundemental
difference between the new ordinance and the old ordinance. It is basically the
same.
Mr. Dawkins: That is the answer I am trying to get.
Mr. Fine: You wouldn't be denying them of any rights they have later.
We will be glad to come back on the July meeting.
Mr. Dawkins: The only thing I am saying, Mr. Fine, is that if I am going
to go with them, I can hear them now and hear you later and still vote
with them. They can present their case to me today. I can hear them.
When time comes, they will not have to take their time off to come down
here to tell me, you know, whatever their problem is. Because after three
times, I would be a little disturbed.
Mr. Fine: It wasn't three times.
Mr. Dawkins: But the next time coming back would be the third time.
Mr. Fine: Excuse me. I stand corrected. I apologize.
Mr. Dawkins: Mr. Fine, these things happen. I know you well enough to
know you are not doing this to be....
Mr. Fine: I asure you we are not.
Mr. Dawkins: But there again, I also have to consider them so ... Mr. Mayor,
I'm with you.
Mayor Ferre: We are on the verge of a 3ilemma here.
Mr. Sergio Rodriguez: If I may say something, the item is listed as
item 11 or item 12. One is under zoning ordinance 6871 and the other
one under zoning ordinance 9500. We don't see any reason whatsoever
why we should delay this at this point.
Mr. Fine: But you know, I haven't had the pleasure of meeting the new
director and I'm sorry to be meeting him under these circumstances. But
you know, that is a technicality. That was filed as one application and
given two numbers. That really isn't a very nice thing to do. This is
a property owner. We didn't put two numbers on it. Whoever filed it
in the office put two numbers on it. It is asked to be told in the alter-
native. I really want to be very calm about this. But I don't like to
be pushed into a corner and I don't want my clients pushed into a corner.
Mr. Gary: Mr. Mayor, the way I understand it ... Mr. Fine, that is not our
intent, because we get along very well.
Mr. Fine: We get along super well.
Mr. Gary: I think what is happening here is that the reason that it is
done under both ordinances is that if this action is granted and he plans
to proceed before the 9500 goes into effect, then his client would have
the right to proceed forward. He also would have to correct or adjust
or modify 9500, because if you change it now and he proceeds under the
new zoning, if you grant it, you also have to change the maps and the
zoning in 9500. So this was just intended to do things technically
right in case he plans to move before 9500 went into effect. So you
have to do it in 6871, but you also have to do it in 9500. It was really
designed to help, if anything. That is the way I see it.
2�
sl JUN 15 03
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Mr. Rodrigurz: That is correct.
Mr. Garcia -Pedrosa: Mr. Mayor, let me say one other thing. As to item 11,
you really ought to not to be changing on first reading ordinance 6871 today,
because it is going to be nulity anyway. By the time you get around to
second reading and by the time 30 days elapse after that second reading,
6871 will have long gone out of effect.
Mr. Fine: Based on that very statement, the record is clear that 6871...
we are just going through a formality if you have a hearing, and a legal
one in my opinion. The new ordinance isn't in effect. You can't have a
hearing on it. We were brought in one day before the last meeting. We
are not stalling for time. I apologize to those neighbors. We'll hold a
meeting in their neighborhood, if you want to come to it, so they don't
have to come here. Whatever you want to do. This is not an easy transition.
This is a single most important zoning ordinance you have enacted in several
decades. It is a brand new ordinance. There were people who were not sure
how to deal with it. The Administration was not sure how to deal with it.
We really think we are entitled to be heard under the new ordinance. We'll
come here in July and we will go under any circumstances.
Mayor Ferre: Mr. Fine and neighbors, the Commission finds itself in a dilemma.
The dilema'is caused because of the law. The law in the ordinance that the
City Commission passed allows people that are caught between the transition
between the old ordinance and the new ordinance to do exactly what Mr. Fine
is asking to be done.
INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Because Mr. Fine has just come up and has been retained by
the applicant yesterday and he is here.
Mr. Fine: I was retained a month ago.
Mayor Ferre: I'm sorry. I certainly would not deny you the right to speak.
If you want to speak, I'm going to let you speak. On the other hand, I
cannot deny the applicant the right of what he is requesting to do which
the law grants him. There is nothing I can do about that.
Mr. Gary: Mr. Mayor, if I can add something to this. I take exception to
my good friend, Mr. Fine. The major reason why it is under 6871 is not only
what I told you earlier, but this thing has come up two times already. If
we had heard it at that particular point in time, it would have been under
6871. So we had to schedule it as 6871. But more importantly, it was
designed under 6871, not only because of the time frame and being included
under 6871, but also to allow the residents to be heard. Because you kept
postponing it and postponing it. So that is why it is uner 6871 as well
as 9500 today. It just so happens that the time ran out, whereby to hear
it now that 9500 will be in effect before you do the second reading. May
I ask for Mr. Fine.
Mr. Gary: I want to tell you that if you are confused, I join you. I'm
very confused ... one conversation I just heard.
Mayor Ferre: Well, one thing, Marty, that I am not going to do is deny
these people the right to speak.
Mr. Fine: Wait, we don't have a problem with that.
INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD.
Mr. Fine: We can't be heard on 12. We are not allowed to be heard on
12, because you don't have 9500 in place.
Mr. Gary: Well, in that case, Mr. Mayor, as the Administration, I would
recommend based on the good faith that we told those people at that time
regardless of whether Marty Fine was the lawyer or not, that it should
be heard under 6871 because we have been rescheduling this thing two or
three times.
27
sl .JUN l 5
M
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4
Mayor Ferre: Absolutely! I tell you, Marty, my
to let these neighbors speak. I think you ought
the end of the discussion, we may continue this
a perfect right to do that. But I don't want to
speak.
ruling is this. I'm going
to present the issue. At
matter. I think you have
deny them the right to
Mr. Fine: Could you give me about 30 seconds? I want to check... This
has nothing to do with the right to speak.
Mr. Plummer: What are you going to hear it as, item 11 or 12?
INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD.
Mr. Fine: Mr. Mayor, I think I have a good suggestion to make if the
City Attorney feels and the Manager does that it is all right. You know,
after all these years of being here, I try to do what is fair for every-
one and certainly represent the best interest of our client. In an effort
to be polite and courteous, we would go ahead on 6871. But that if it is
turned down that our application, including our fee on the other one, stay
in place and automatically be set up under the new ordinance 9500; it would
be continued to the July hearing or the September hearing, whichever it is.
Mr. Gary: We can't do it.
Mr. Fine: We'll just ask it this way. That we be heard on the 6871 today,
because that seems to be the consensus developing. I understand. I don't
want to put the Commission in an embarrassing position, but that under any
circumstances, we have the absolute right without an additional fee to
file under the new ordinance.
Mayor Ferre: I don't have any problems with that. That is only fair.
Mr. Fine: I mean that is really only fair.
Mayor Ferre: Let's proceed then with that understanding.
Mr. Garcia -Pedrosa: Mr. Mayor, so that the record is clear....
Mayor Ferre: We are going to proceed under 6871. They have an absolute
right to file again under the new ordinance without having to pay a second
fee.
Mr. Dawkins: The lawyer said no.
Mayor Ferre: Tell me again.
Mr. Garcia -Pedrosa: No, no, I don't have any problems with that aspect of
it, but they have to file a complete application on or after the effective
date of 9500.
Mayor Ferre: Of course! What they are saying is that they don't want
to go today. But they are forced to go today. They don't want to be
penalized by having to pay two fees because there is a new ordinance.
Mr. Garcia -Pedrosa: That is fine, Mr. Mayor.
Mr. Fine: Or be caught in some dilema that says you can't file for R number
of months. That is easy.
Mr. Plummer: How in God's name, Mr. City Attorney, how can you take and
hear something under an ordinance before the second reading can come about
is null and void.
Mr. Garcia -Pedrosa: No, because Mr. Commissioner, the Commission has
passed an ordinance which says that for the next six months all of these
applications filed before June 27th, the effective date of 9500, are to
be heard under 6871. The reason I said it would be a nullity is he didn't
want to be heard under 6871 and now he has amended that. He said that he
will be heard under 6871, provided only that when the law changes he has
the opportunity to come back under the new law.
al 2$ JUH 151983
0
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Mayor Ferre: Unless I am overruled for legal or technical, or by three votes
on this Commission the Chair will rule that the petition of the applicant as
expressed by their attorney is fair and reasonable and that they will be
allowed, if they want to, to petition under the new ordinance, if and when
that new ordinance goes into effect, without having to pay another fee and
without being discriminated upon or delayed. That is only fair. Now proceed
with the hearing.
Mr. Aurelio Perez-Lugones: Mr. Mayor, if we only hear the 6871 part of it,
that changes the map under 6871. It will not change the map under 9500.
That is why we have the dual application, which means that in effect, he
will need to apply again. I do not object to this not charging a fee, if
the petition is of equivalent zoning. If the petition is for a different
zoning, if the equivalency....
Mr. Fine: We agree with that, no problem.
Mr. Perez-Lugones: Now, Mr. Fine, asuming that the ordinance becomes effective
on June 27th, the ordinance including the maps and the schedule of district
regulations were approved September 23, 1982. The only thing that was not
passed was the effective date of 9500. That effective date, as of today,
is June 27th. You have applied under 6871 with a second application, which
we were instructed by the developers of the ordinance has to be produced
so that the change also carries over to 9500, which means that if you are
granted your zoning petition under 6871, come June 27th, and actually it will
be finished after June 27th because the second reading will take effect
after that, that means that we are modifying a map that would have already
not been in effect. This means that the map on 9500 would reflect the
zoning there today, not the zoning that you would have been granted.
Mr. Fine: Just tell me what you would like for me to do and I will do it.
I'll leave. I'll stay here. This is getting ridiculous. Tell me what you
want me to do and we will do it.
Mayor Ferre: Mr. Fine, I have already made my position clear.
Mr. Fine: I'm ready to go.
Mayor Ferre: I think it is now incumbent upon us, out of courtesy to these
neighbors, I'm sorry that you are inconvenienced, but we have to proceed.
Mr. Fine: I'm ready.
Mayor Ferre: Then you may have to go through the unfortunate circumstance
of having to reapply and do the whole thing over again, provided however,
that we do not hold your client liable in any way. We have already agreed.
I have already made that statement.
Mr. Gary: What do you mean "liable"?
Mayor Ferre: Liable means that he has to pay a second fee all over again.
Mr. Gary: He does.
Mayor Ferre: I am ruling that he does not, unless somebody makes a motion....
Mr. Dawkins: I make the motion that he has to pay.
Mayor Ferre: There is a motion.
Mr. Dawkins: Oh, yes, I make the motion. It may be voted down, but I
make the motion, if I get a second.
Mayor Ferre: There is a motion that the applicant will have to pay two
fees: one now and one in a month. That is what you are asking him to do.
Mr. Plummer: The motion is out of order.
Mayor Ferre: Based on what?
sl 29
JUN 151983
Mr. Plummer: Predicated on the fact that you cannot make a motion to make
him pay. The only motion that would be proper before this Commission, is
a request for a waiver on the second fee and there has been no request.
Mr. Fine: Mr. Mayor, I am embarrassed by this whole thing. We'll pay whatever
fee has to be paid. We'll take it out of our fee so the client won't have
to pay it. Let's get on with the hearing. It is really embarrassing to me
to be subjected to this.
Mayor Ferre: Mr. Fine, as a matter of principle, I object streneously to
what is being done here.
Mr. Dawkins: Marty, the reason I don't want you to do that is we have to
have a policy. Where you are willing to pay out of your pocket, another
guy may not be willing, then we are going to create a problem. So let's
find out what in the hell we are supposed to do.
Mayor Ferre: I will move....
Mr. Dawkins: Let's hear J.L. first. J.L., what did you have to say?
Mr. Plummer: I said the motion is out of order. We do have a policy.
Mayor Ferre: He is technically right.
Mr. Plummer: At this present time if Mr. Fine wishes to file a second time
on behalf of his clients, he is going to pay a second fee. That is the
policy. The only motion that would be proper....
Mayor Ferre: Plummer, I will move ... you are now the Chair...I will move
you, sir, that it is the policy of the City of Miami Commission during
this transition period that if any applicant makes an application under
the existing ordinance and has to do the same thing under the upcoming
ordinance, that it will be treated as far as fees as concerned as if it
were one application, so that therefore, it is the intention of this
Commission not to double charge for an application in the transitional
period of six months, number one. Number two, that any conclusions that
are arrived upon under the existing ordinance will not be held against
the applicant in the transition period as the applicant applies under the
new ordinance, which is 9500. I think that is only fair and just and I
so move.
Mr. Plummer: There is a motion. Is there a second.
Mr. Perez: Second.
Mr. Plummer: Seconded by Perez. Under discussion, Commissioner Dawkins.
Mr. Dawkins: I get thoroughly confused up here sometimes and I don't know
what the hell I'm doing. This is one of those times. You tell these
citizens that they have to do this, they have to do that, they have to do
the other. If 68-- whatever it is is wrong, then they have to take that
time off from their jobs and they have to lose to come back for 9500. But
yet if the lawyer and his client feel that they have been wronged by this
6821 or whatever it is, then all he has to do is come back and say, "You
know if I come back, I may be able to win the second time. So you all are
going to let me come back free and appear before you." No, that is wrong.
Mayor Ferre: That is not the point.
Mr. Plummer: Mayor Ferre, would you like to be heard?
Mayor Ferre: Please.
Mr. Plummer: Mayor Ferre.
00
JUN 15Ign
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Mayor Ferre: That is not the point, Miller. I think the point is, you see,
this would never happen under normal circumstances. The only reason it comes
out now is because we are between two laws. There is a transition point. I
think the only thing I'm trying to say is I don't think any applicant, whether
it be Mrs. Dolan or otherwise, should be forced to have to pay twice and then
be penalized through a process. All I am saying is for the effect of payment
for a fee, as a matter of principle, they should only have to pay once. That
is all I am saying. It is not a very important issue, frankly. I think we
ought to get on, whether it passes or it doesn't, it doesn't mean a thing
to me. It is just a matter of equity.
Mr. Plummer: Commissioner Dawkins for rebuttal.
Mr. Gary: May I say something?
Mr. Plummer: No, Commissioner Dawkins?
Mr. Dawkins: I still say what I said.
Mr. Plummer: Thank you, sir. Go ahead, Mr. Gary.
Mr. Gary: Mr. Mayor, if I could just try to simplify it.
Mr. Dawkins: Oh, Jesus, God forbid!
Mr. Gary: First of all, Mr. Mayor, the reason it is being held in the 6871
is because when this process started, 9500 wouldn't have been enacted prior
to second raadiAg. And we promissed these citizens a right to be heard.
The only reason it is before you now, even though second reading would not
be in effect until 9500 goes into effect, is because it was delayed twice
and we promissed these citizens. Now I would think that if this City Com-
mission denies under 6871 today the request, that if he comes up with a new
request in the 9500, it is just like if 9500 was in effect, he has to pay
twice in terms of reapplication. However, if this City Commission continues
under 9500, then he shouldn't be able to pay fee because the same fee would
go over to 9500.
Mayor Ferre: Mr. Gary, I thank you -for your clarity of thought. I accept
that as an amendment to the motion, because that is the fair way to do it.
Now we are in agreement. Does anybody disagree with this now? In other
words, if he wins and he has to for a technical reason reapply, then we
are not going to charge him. But if he loses, then he has to pay twice.
Mr. Gary: Mr. Mayor, in all fairness....
INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD.
Mayor Ferre: No, wait a minute because we are confusing things. Miller,
what Howard is recommending makes more sense. What he is saying is, if
they win, then it is a technicality in their application and therefore
they shouldn't be asked to pay twice. If they lose, then let them pay
twice if they want to reapply. That is a fair way to do it.
Mr. Dawkins: Is that what you are saying?
Mr. Gary: No, Mr. Mayor.
Mr. Dawkins: Is that what you are saying?
Mr. Gary: That is exactly what I am saying.
Mr. Dawkins: O.K., all right.
31
61 JUN 15 S3
Mr. Gary: Now, Mr. Mayor, I think my good friend, Mr. Fine, would agree
with me. If it is continued —you can't have it both ways now. If it
is continued under 9500, then he has to.pay the difference between the fee
that he had to pay in 6871 and 9500.
Mr. Fine: Absolutely.
Mayor Ferre: Absolutely, all right, with that as an understanding and an
incorporation of that into this motion, are we ready to vote? Mr. Chairman,
call the....
Mr. Plummer: Anyone else wishing to discuss the item? Call the roll.
The following motion was introduced by Mayor Ferre, who moved
its adoption.
MOTION 83-527
A MOTION DECLARING THE POLICY OF THE CITY COMMISSION
THAT DURING THE TRANSITION PERIOD FROM ORDINANCE NO.
6871 TO ORDINANCE NO. 9500 THAT:
1) THAT IT IS THE POLICY OF THE CITY OF MIAMI COMMISSION
THAT APPLICATIONS FILED UNDER THE EXISTING ZONING
ORDINANCE (ORD. 6871) SHALL ALSO BE CONSIDERED AS
HAVING BEEN FILED UNDER ORD. 9500 AS ONE APPLICATION,
STATING THAT IT IS THE INTENT OF THE CITY COMMISSION
NOT TO DOUBLE -CHARGE APPLICANTS DURING THIS TRANSITION
PERIOD; AND
2) THAT ANY CONCLUSIONS THAT ARE ARRIVED UPON UNDER THE
EXISTING ORDINANCE (ORD. 6871) WILL NOT BE HELD AGAINST
THE APPLICANT DURING THE TRANSITION PERIOD, AS HE
APPLIES UNDER THE NEW ORDINANCE (ORD. 9500).
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Mr. Fine: I'm going to speed it up, although I know it is very important,
let's get our material out of those letters we have....
Mr. Plummer: Mr. Mayor, may I suggest that we put this item aside for
30 minutes, Mr. Fine, and hear something else to let you get your act
together.
Mr. Fine: No, we are together. We are all ready. This application is
filed under the name of Jean Dolan and James Merrick Smith. I think that
you know that Mr. Smith is a long, long time resident of this area. He
is a very distinguished interior designer who lives in this area, in
Coconut Grove. We won't go through why it was filed both in the old and
the new zoning codes. The property...I'm sorry, you usually have your
staff first. Do you?
Mayor Ferre: We usually do, so, perhaps we should hear from staff. Let
us hear from the Administration.
U0Q
sl JUN 15 N3
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Mr. Jack Luft: Mr. Mayor, members of the Commission, the request that you
have before you is a change of zoning from R-2 to R-4. This is a change
of zoning that would increase the density from approximately 14 units an
acre to what we are seeing in R-4 developments as an average of about 60
units an acre. R-4 development is medium density, multi -family development.
There are no height limits on it. It is considerably different in both
intensity scale and character than R-2. In short, what we are talking about
here is a substantial change of land use in this neighborhood.
Mr. Plummer: Mr. Luft, people in the audience are indicating they cannot
hear you, sir.
Mr. Luft: The crux of the argument, the basis of the question before us,
as proposed by the applicant hinges on two or three basic tenets. Number
one, you are going to hear that they are close to rapid transit, that they
are within 1,500 feet walking distance of the transit station.That's true.As You can se
from this map, the subject property is here on Coconut Avenue and if you
come around the corner and up 27th and across Dixie Highway, you have the
transit station. The truth of the matter is that when you look at this
larger area you will find over 20 square blocks of single family and duplex
residential within that same distance of the transit station. There is
nothing particularly special about this site. It is no closer, no further
than many blocks of low density residential. The second argument you are
going to hear is that it is on the back property line of an R-C zone, and
that commercial zoning somehow presents an imposition, a problem. Well,
this piece of property is part of a duplex neighborhood that is basically
bounded by Coconut on the north, Trade Avenue on the south, Virginia on
the west, and the commercial properties of 27th on the east. As you can
see, this area is bounded on three sides by commercial or office zoning,
on the north, on the east on 27th Avenue, and on the south we have commercial,
even higher density zoning, the C-2A. So there are any number of properties
in this area that could claim that same situation. Yes, we have a back
property line near commercial property. The truth of the matter is that's
not an unusual situation either throughout this City, all of our major
arterials of busy streets are zoned for commercial uses and R-C is a common
zoning category. In most of those cases, the rear property line have single-
family or R-2 neighborhoods and they coexist. That is not an argument for
a zoning change. It is simply a matter of fact throughout the city. The
third argument you are going to hear is predicated upon a changing neighborhood.
This is the critical question, because when you talk about a substantial
change in zoning, something that radically changes the character of an area,
there may be circumstances in which that is warranted and it does happen.
But the circumstances are very clear cut or they should be. When you change
from a low density to a higher density zoning, you are looking for one thing,
a neighborhood that is stagnant, a neighborhood that is in trouble, or is
deteriorating and has obviously outlived its usefulness for a particular
zoning category and the time has come to change, to move on to a different
pattern of use. That happens occasionally. So that is the question here.
What is going on in this neighborhood and has the time come to make a radical
change? The applicant is saying, "Yes, that time has come." There are
problems here.
I went out a few weeks ago and I surveyed this area, took a look at it.
We took a look at the building permits and we surveyed the conditions.
What I have on this map is new development that has occured within the last
ten years. These are residential, duplex, new, duplex, townhouses. The
darkest green are the newest built within the last three years, built in
fact, within this so-called recession, or this decline in housing market.
We have a quarter of a million dollar unit right here. We have a brand
new duplex townhouse unit right across the street from the subject property.
When you add it up, Mr. Mayor and members of the Commission, you find that
an excess of $2,000,000 has been invested by the people of this neighborhood
and their future and the future of this neighborhood. What we are talking
about are over forty townhouse units in which the people have come into
this neighborhood and in good faith have secured long-term mortgages for
the financing of new units. They have commited themselves for the long
run in this area. As you can see, this is not a small percentage. This
is a substantial percentage of this area and the balance of the remaining
units are in excellent condition. This is a very old area; it's true. It
is what we call the old fishing village ar.d there are many old, wood -framed
homes. It has been going through a course of transition and seven years ago
R/V
sl .jUN 15 ISM
Mr. Luft (CON'T): when we passed the master plan, we made that position
known that we are going to continue with that transition. We are going
to continue with duplex. It was under that confidence and with that asurance
that the investment is taking place. I can tall you that over the last
several years there have been many people on Trade Avenue, on Coconut Avenue,
on Center Street throughout this area that have called me and said, "Mr. Luft,
I'm looking to improve my home. I want to make an investment." There have
been renovations in here. These blue ones are restorations of houses. What
is the future of this area? Is it worth me to put my money in here or is
it going to change? The plan, the policy has always been we are going with
the duplex. We have gone along rather nicely. Things have proceded rather
well. Quite simply, to change horses in mid -stream, at this point, to change
this zoning is to say that we... and you look at this very carefully, you ask
yourself with the high density zoning here now, what is the difference between
that or this or for that matter across the street or next to them over here.
What's the difference? There is no difference. You change the zoning here
you might as well announce to the real estate agents in Coconut Grove, to
the property developers, to the speculators, "Come on in and make your bid,
make your price."
0
Mr. Luft: (con't) Whether the zoning changes or not, you can rest assured that
the bidding price for land in this area will go up dramatically, and when the
Property Tax Assessor sees (whether or not there is a zoning change), when he sees
that that price of that land has gone up, so do the tax rolls. And when you are
sitting on top of a twenty year mortgage on a brand new unit and your taxes start
going up, you are trapped! What I am saying is from a planning policy standpoint,
you do not take people and bring them into a neighborhood, secure their invest-
ments and build their confidence in the future of that area, and then change it
and open it up to speculation, and leave them sitting with no option. We think
this is an extremely unwise zoning change. We appreciate the fact that there is
a desire for moderate cost housing and I appreciate that Ms. Dolan bought this
property at duplex prices and therefore has the advantage perhaps of constructing
moderate cost housing. I might mention though, that Ms. Dolan cames to the Depart-
ment several months ago and she said "I'm considering taking a contract on this
property, but before I buy it, I want to know what are the chances of a zoning
change?" And she was told point blank "forget it - this Department will not
recommend a zoning change. If you expect to buy that property with the prospects
of a zoning change, you can expect a recommendation of denial from the Planning
Department". And she said "I don't want to take the contract out if we are not
going to agree on this". But as circumstances had it, she decided otherwise
and went ahead and brought the property. She brought her property with her eyes
open, with the knowledge that there was a transit station, with the knowledge
that Grove Gate was coming in, and with the knowledge that all that new develop-
ment was going on in that area, and she knew that this Department was going to
oppose the zoning change on fundamental planning principles. So there is no way
that this property has been impacted or adversely affected. There has nothing
that has changed since she first came through that door. And I think, my best
professional opinion, if this zoning change is granted, we have opened the
door, frankly, for a serious problem, an imposition on this neighborhood, a
change in character and a changing value of land that will ultimately be re-
flected in a financial burden on those who have chosen to stay and improve. It
is on that basis that we are recommending a denial. Thank you.
Mr. Carollo: Can I ask a question? In the present property, or lots, should I
say, how many units can they build together? We are talking about how many lots
they have there.
Mr. Luft: How many square feet is it? I don't know.
Mr. Carollo: Because we are talking about five lots. So, they could actually
build ten units there?
Mr. Luft: On the duplex they could build ten units. Under the new 9500, there
would be a slight increase, a change from one unit per three thousand, to one
unit per twenty-five hundred.
Mr. Carollo: Under the new guidelines, she can build how many, then?
Mr. Luft: Under the new guidelines, they can build...how deep are those lots -
one hundred fifty feet? One hundred fifty by fifty? Seventy-five hundred?
They could build conceivably three per lot, or fifteen units.
Mr. Carollo: Well, fifteen units is really actually what we are talking about
under the new guidelines that they could build.
Mr. Luft: Yes, that would be the most they could build.
Mr. Carollo: Now, how many units are they asking for all together?
Mr. Luft: They are asking for a zoning change that would permit up to sixty
units an acre.
Mr. Carollo: Up to sixty ... 7
Mr. Luft: Yes, that is true, under the R-4. Under the new zoning, and keep this
in mind also, under the 9500, there are no density restrictions, in that new
category. You are basically looking at a zoning district that says you have a
certain F.A.R. - a .7 times gross lot area and you can devide that F.A.R. under
35
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00
Is 44
9500 into as many units as you wish. See, there is no, in effect, density
restrictions, unlike the R-2, which still composes that one unit per "V square
feet of lot.
Mr. Carollo: Again, there is approximately one acre there, is what you are
saying? What is the size of the property? Is it over an acre, or over an acre?
Mr. Luft: Probably less than an acre.
Mr. Carollo: Slightly less than an acre. What they are asking for, they could
build some fifty units, approximately.
Mr. Luft: What they are asking for is a zoning district...It doesn't matter what
they are proposing particularly on this piece of property. That is not the ques-
tion. They might propose six units - I don't know. I am sure they are proposing
less than what the ultimate density would allow. What I am saying to you is
simply this. This is a zoning change that would affect the pattern of use in
this entire area. There would be no question about that. This may be the last
property Ms. Dolan ever builds in here, but the next one that comes in, under
the RG2/2, with no density limit on it, may well not decide to build twelve
or fifteen units.
Mayor Ferre: I think we need to hear from the Applicant, and then we will get
back to you.
Mr. Luft: So, if I understand correctly what you are getting at, you are trying
to understand whether the number of units they are proposing is any different
than what they could do today, or under the new zoning in R-2.
Mr. Carollo: Yes, and I want to know the total amount of possible units that
they could build by law, and then I would like to know from the Applicant
what they are proposing.
Mr. Luft: Right, and keep in mind, and ask the Applicant too, under the new
zoning under 6900, when you come in in an F.A.R. of .75 times gross lot area,
you can divide that into as many units as you can get and the constraint is
parking, okay? So we are talking about a substantial change and you have to
recognize that.
Mayor Ferre: That is well understood. May we hear from the Applicant.
Mr. Martin Fine: My name is Martin Fine and I am representing the Applicant
and I am going to try to brief because I want to save some time for Mrs. Dolan.
I want to make sure that we do not personalize this issue. I understand that
Mr. Luft loves the Grove and cares about it, but he is not the only one who
loves the Grove and cares about it. There are other people, and the one thing
I don't think it is right to do is to say that this Applicant is going to
build sixty units.
Mayor Ferre: Sixty?
Mr. Fine: Sixty. We have the right to build sixty, probably will build sixty,
so I want to be very specific before I start my presentation. That plan there,
designed by this architect, has a maximum of twenty-one units! We have a re-
stricted covenant which Ms. Triefler will hand to Mr. Pedrosa, which would be
recorded on the Public Record of Dade County and be a covenant running with the
land, that if this zoning was in fact approved, that we would build no more
than twenty-one units. Does that answer your question, Mr. Carollo?
Mr. Carollo: It more than answers my question.
Mr. Fine: Number two, that particular site plan, and it is in the Covenant, we
would say that the front portion of that building would be a maximum of three
stories and the remainer of it would be at one portion, four stories. That,
Mr. Pedrosa will tell you, is in the covenant, runs with the land and will be
recorded. Now, the one thing that I do not want to do is tell you that I am
a professional planner, but I have sat in these meetings for dozens and dozens
of times. I want to wait a minute until you are finished, because I think that
this is something that you have heard before, particularly, Mr. Mayor. You
have, all right. When Mr. Luft and others have said, the one thing you do is
36
JUN 51953
id
that is step down zoning. For example, this is the mixed development of offices
with its unrestricted heights on U. S. 1 and 27th Avenue. Now, remember, this
is the property. Mr. Luft, in my opinion, improperly didn't tell you that right
behind it there is permission to go twelve stories. Now, you know, you don't
really want to go from twelve stories to one story. That just isn't the way
good professional planning is done. All of this property is zoned for R-C and
expresses the zone in commercial category. Now the long and short of this, this
is in accordance with all the principles we have heard over the years that is
expoused by the Planning Department as we understand, and that is that you
step down that zoning and the fact of the matter is, the covenant is there. We
are happy to see to it that it is a permanent covenant. it will run with the
land and would protect, we believe, the integrity of the neighbors. In terms
of the discussion on what the real estate taxes will be, that is a problem
everyone in Dade County is dealing with. (Let me just look at these notes
to make sure we are there.) There are only 12% of that property which is owner
occupied. I want to make another comment, so we read into the record and make
sure that we are clear on it. This applicant has agreed to build rental housing.
There is very little rental housing in Coconut Grove at prices that people can
afford to pay. Not everyone can live in those fancy buildings on Bayshore Drive,
or those very expensive $150,000 to $250,000 townhouses all over the Grove. This
will be built for rental housing and be kept for rental housing for a sub-
stantial period of time. If there needs to be a covenant, we will put a cove-
nant on the land with that. Now, the one thing I don't want to do is ask that
you consider that our client is a saint, but neither is the Applicant here to
try to take advantage of any particular planning situation and if you would,
Mr. Mayor, permit Ms. Dolan almost as much time as Mr. Luft had to give you
that long winded presentation about the Grove. She will take less, I am sure.
I am sure she can give you some very good information, much better than I can.
Ms. Jean Dolan: Thank you very much, and first of all, I do want to apologize
about all of the confusion and I do want to apologize to everyone who has
bothered to come today to speak about this. We didn't mean to have this. The
zoning is very confusing. The change is very confusing also. I wish, as a
land owner, and a builder, that I could read some of these things and make
decisions myself, but it is impossible. It is like doing your income tax.
Now, I would like to start out, please Gentlemen, by telling you that are
people here representing our position on this today. As a matter of fact, of
the twenty-seven owners on Coconut, we have response from sixteen of those.
Three had no comment, and no feeling about what, was done on the street, and
three were unable to be located out of state. I would like to give these
letters to you. We worked very hard to work with people and many of these
people are working and some have other appointments out of town today. The
general condition of the neighborhood under discussion has been in a deteriora-
ting state of transit rental and isolated from any hope of revitalization under
this present R-2 zoning. We have in the spirit of cooperation met with Planning
and Zoning as far back as September, 1982 to discuss how we might develop our
land to enhance the street and bring into focus with all the many, many,
changes that have been passed on our land in 1982, and I would like to pre-
sent some of our specifics taken from the appraisal data, which presented in
a complete survey to the Planning Board and it is on Public Record. Number one,
from 1900 to 1949 there are 44% of all the construction in this area. From
1950 to 1959 is 30%, making a total of 74% of all the hundred twenty units in
this area constructed prior to 1959. I would like to place this group with each
lot and the age of the house on it for your consideration. We were also asked
by Planning and Zoning, non -owner occupied of these units are 88% and owner
occupied is 12%. I would also like to give you these statistics. I would also
like to place in evidence the drawing from the white paper done by Hershel Rosen-
thal, which as you know, was quite a document stating how rental housing is
needed in the City of Miami, and how you have been encouraging garden type apart-
ments for living, particularly in the 27th Avenue corridor. If we lease our
air rights only one hundred fifty feet from our property, I want you to take
another look at the drawing from the white paper to Dade County, that I have
here. I would also like to place this, which is directly where our talk came
n from today, and this is taken from Planing and Zoning, 1974 survey for the
master plan of this area. May I -read it?
V/
ld JUN 15 4983
4
F1
"However in the lc•.; density residential area there remain a significant
number of older homes, rimy of which are wood frame construction. It is
important to prevent deterioration. The reluctance of leading institu-
tions to make mortgage and home improvement loans on these older structures
has been a major factor in the process and redevelopment in these neighbor-
hoods. The continued replacement of older deteriorating structures and
development of vacant lots with moderate price medium density residences
will likely accelerate with the increase and accessability the transit
system will provide this area. In summary, the station area has one
large area under single ownership that is vacant and available, and
also possesses a variety of locations where in -filling and redevelopment
appears likely".
Gentlemen, we have a substantial investment. We wish to develop our property.
We wish to bring it into focus with the rapid transit. We have good news. On
June loth, we were selected from the State computer banks to participate in
their Loans to Lenders Program. As you know, this is a program for the private
sector to interact to provide rental housing for lower and medium income. By
building attractive medium income housing, it allows us a certain percentage
that could allow other people to live at a good address in Coconut Grove, and
Gentlemen, we need that. The last thing I have for you are photos that were
taken less than thirty days ago in this very neighborhood, and I think that
speaks more than I can today about change which is needed. I thank you for your
time, and I thank everyone here for bearing with this. Thank you, very much.
Mayor Ferre: All right, Mr. Luft, do you want to say anything in rebuttal?
Mr. Gary: Mr. Mayor, I would like to say just one thing in terms of the Loans
to Lenders Program, even though they may be eligible for that, that does not
preclude you from doing what you have to do in terms of administering zoning
in this town.
Mr. Carollo: Thank, you, Mr. Manager.
Mayor Ferre: Go ahead.
Mr. Luft: Let me just point out that we do have an SPD-2 overlay on 28th
Terrace that holds residential development to four story height limits and
that we have imposed a six story height limit on the commercial offices and
most recently Hernando LaCosta has come in in the back.
Mayor Ferre: Six stories, not twelve stories.
Mr. Luft: Six.
Mayor Ferre: Doctor, before we open it up to the public, let me just make a state-
ment for the record, okay? ... and then we will get to it. I will tell you how I
see this, having heard both sides. Mr. Fine, do you want to say anything else
before? This is a tough one, but I think my inclination is for the neighbors, and
I've got to tell you why. I've got to explain this. You see, that neighborhood
there is I think, a very healthy residential neighborhood. If we grant this zon-
ing change, I think what you are really going to be doing is doing what we have
so far resisted, and I voted against some things, and they were very tough votes.
There was a vote further down on the corner of 27th, of my good friend, Don Rosen-
berg. You know Don. Don and his associates got a piece of property on the corner
of 27th where there is a gas station now. He wanted it rezoned and I reluctantly
had to vote against it. He got very upset. You know, I am sorry, I had to vote
against it, because unquestionably what it was going to do, it was going to
change the whole pattern of zoning along 27th Avenue. I think what your clients
are asking for is something that is inevitable and I think there is going to be
a change. I don't think this is the way of doing it. I don't think it can be
7 done by a spot zoned on one case, because if we are going to do this, let's do
it right. I think the right way to do this is to look at the whole process of
transition. Granted, on the piece of property which is a triangular piece along
U. S. 1 and 27th, across from that -railroad station there is projected a major
very tall building. Now, in the light, peach colored strip along 28th (I think
that is 28th Terrace) there is a transition. Supposedly that transition is the
one that you go from the high rise to single family. The question now is, is
the transition sufficient, or should we step it down even further, in other
words, you are going from a high rise to a twelve story, six story.
JUN 151983
ld
Mr. Luft: Six. The Grove Gate itself is only eight stories, okay? There is
an eight story height limit in there.
Mayor Ferre: Okay, but as we go down towards �.uconut Grove and into the single
family residential, perhaps along the northern part of Coconut, we should re-
think as to whether or not that thirty-five feet height is sufficient. Now,
you are not limited, Marty - you said one story. That is not the case. You
have the ability to build up to thirty-five feet. Now, I realize it is two
units on the lot and that is where I have a problem, you see. I think perhaps
along that whole strip, along the north part of Coconut, we should look for a
middle ground where we don't have single family residents, but we don't end up
with twelve story buildings, or six story buildings. See, that is not objection-
able to me. The problem I have, Mr. Fine, is that if we agree to that, the
neighbor immediately adjacent to that can come and ask for the same, and he may
not be willing to give a covenant. Then he will go to court and he will say
"Judge, you see, the City of Miami is being capricious and arbitrary because
Mr. Fine is a good lawyer and Ms. Dolan is a fine developer and the architect,
and these are good lawyers and a sterling developer and we have a great award
winning architect that has done all of this", and the next guy that comes along
may not have you as an attorney, may not have a developer like Ms. Dolan, may
not have a sterling architect and then we say, "Developer, we are turning you
down, because you don't have the same quality development". Then he goes to
court, and he says "Judge, the City of Miami is being arbitrary and capricious
because they gave these people...that is subjective. Who are they to decide
who is a good developer and who are they decide who is a good architect?"
And the next thing you know is, it is granted and then you have a twelve story
building and then there goes the neighborhood, so I am willing to proceed in
a logical orderly way. Mrs. Dolan, I apologize for the inconvenience. This
is one vote out of five. You may have three votes here, but one vote out of
five isn't going to vote with you, and I want to explain to you why I am not
going to vote. It isn't that I don't think what you are doing is good. It
is good and I think that is a very nice worthy objective. That little apart-
ment complex you are designing is beautiful, and if that is what we are going
to end up with on the whole street, I wouldn't mind doing it, now, but that
cannot be guaranteed! And so, all I am saying to you, is that I will be per-
fectly willing to vote for, and I will make a motion to the Department to re-
think this whole question of these transitions between R-4 and the R-2 area,
because there may be a middle ground that we need to go to, but I can't vote
for this on an exception basis.
Mr. Carollo: Mr. Fine, you had mentioned before that your client was willing
to give a covenant, besides this one here, a covenant for rental units, in
other words, your client was going to be willing to give a covenant that
for "X" amount of years the property would only be used for rental units. How
many years would you include?
Mr. Fine: A lot of standards in that have to do ... seven years. We guarantee
it for seven years.
Mr. Carollo: Seven years?
Mr. Fine: Stay as a rental.
Mr. Carollo: So, you would be willing to give a covenant for...
Mr. Fine: And it would run with the land and would be acceptable to the City
Attorney in form and substance and be seven years.
Mr. Carollo: It would be a seven year covenant.
Mayor Ferre: There might be a solution to this. Mr. Luft, take the microphone
and just tell me what you just came up and told me in person.
Mr. Luft: Under the new ordinance, we have a different proposition than we do
today. Today we have discreet zoning districts, and one is very different
from the other, and believe me, R-4 is a lot different than R-2. Under the new
ordinance, you can take basically the same zoning category and without changing
everything else, change the sector number and increase incrementally the in-
tensity by small amounts. You don't change height limits. You don't change the
basic character, but you can give small increases in intensity that do allow
for that kind of step transition. It is a -more flexible document under the
rezoning that we have today where you have got a whole sale throughout one
thing and take a whole brand new district and go another direction, and if it
was the will of the Commission for us to rethink this area, my concern is that
3g ,SUN 15 �
2
what is built is in keeping and in character, just like Ms. Dolan is concerned
that what is behind her isn't in character with her property, I think even
greater concern is what is put on that property there should be in character
and in keeping with what is around it - what is across the street from it, and
I think we can look at that and try to find some sort of district that preserves
that balance, without having to throw the whole thing out.
Mayor Ferre: All right, Mr. Luft, that is the way I am going to be voting,
because I think there is a way to solve what you are trying to do without
emasculating that neighborhood. If we vote on this thing today, Mr. Fine, you
are opening up that whole residential neighborhood to emasculation.
Mr. Carollo: Do you have any kind of a pointer stick that I can use for a
second? Maybe you can bring this a little closer to me. Now, on the corner
here, Mr. Luft, it is all zoned commercial, to the best of my recollection.
And here you have a club called Honey for The Bear, correct?
Mr. Luft: It is professional office and residential and Honey for The Bear is
a non -conforming use.
Mr. Carollo: Okay, you have Honey for The Bear here, which everytime they use
it, you have got traffic going up and down the street constantly and people
parking all over the place here. That is a fact.
Mr. Luft: They could clean that up considerably.
Mr. Carollo; That is still a long way to go from cleaning it up and they never
will considerably. The only way they will is by closing the place down, which
frankly, I think it would be a good idea, but we are not discussing that here
today. On this end over here you have more apartments. Approximately how many
units do you have in this whole sector here?
Mr. Luft: I would guess between one hundred and one hundred twenty.
Mr. Carollo: One hundred and one hundred twenty units. And what is the height?
Mr. Luft: Those are five story.
Mr. Carollo: Five story height. Are there five story also on this side facing
the highway, or not? Or is it five story all around? Behind here, you have
some that are as high as twelve stories, correct?
Mr. Luft: There is nothing there now. There is a six story height limit there.
Mr. Carollo: Six story height limit.
Mr. Luft: This is eight and this is six. You wanted this consistant with the
five here and then this is thirty-five feet, so there is eight and six
to..........
Mr. Carollo: Okay, so what we have here is a height limit of six, but you do
have in the highway - you have apartments, I know, because I recall them, close
to this end which have a height of five stories - approximately one -hundred
twenty units. What I am seeing from what you just confirmed to me, that I
recalled from the neighborhood, is that you already have a tremendous impact
in one end of the street and you have a major impact on the other end of the
street already, where this street is used extensively because of the develop-
ment that it has on the left end facing the highway and a development that it
has on the right end facing 27th Avenue. Now, if you were to present to me a
ditxr�zn* - of circumstances, I might agree with the recommendation that
the Planning Department has given, but when you have an area that in one end
you have a density much greater than what is being asked for here, and on the
other end you have a complete mess with a disco and people shooting up drugs
and throwing their cars everywhere and coming out of their drunk every night,
you have complete different set of circumstances here. Now, on top of it,
whether we like to acknowledge it or not, it is a fact that we are having very
close to this, a rapid transit station, and one of the areas that I think that
all governments, not only the City, but County and other city governments are
all in agreement on and that is one of the original ideas that was discussed and
we talked about rapid transit - that the areas that join the stations would be
JUN 151983
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a --
areas that we would look upon to put multi -family housing and multi -family
housing is beyond single family residents and duplexes. Now, this area here,
between 27th and 32nd Avenue, the highway and Bird Road is an area, that
frankly, compared to the rest of the Grove, is an area that overall is pretty
run down, and the reason...oh yes, it is! You look at other parts of the
Grove and you you are not going to tell me that, when I know that area. I go
by there every day. In fact, I am going by there more than ever now, because
of the problem that you have fixing 27th Avenue. And you look at that area
and other parts of the Grove, and that area is certainly not at par with other
parts of the Grove, and I am seeing why. I see one of the reasons is, for
instance, in this area here, some 12% only of the units (and correct me if
I am wrong) are owner occupied. The rest are all rental units, and it seems
that that is basically a major problem in this area. I challenge any one to
pick up the newspaper on any given weekend and you are going to find that
there is constantly several duplexes, homes, what -have -you in this area up
for rent, every single weekend, and any weekend that you could pick out of
the year and when you start having a lot of duplexes or single family homes
that the owners want to rent out, that is what starts hurting a neighborhood,
and when you start seeing that you have that constant philosophy, the owners
are renting their properties that to me is a sign that the neighborhood needs
a change. Now, the petitioner has stated that they will give two covenants,
one is a covenant that they will limit the number of units to 21 units and
the front would have a height of three stories, the back a maximum of four,
is that correct? The other covenant that they have stated that they will
provide is that they would place a minimum of seven years whereas that prop-
erty, the 21 units will remain rental units. Now, I think we're meeting
there two very important concerns this Commission should have and certainly
has had in the past. One is that we're going to be fair but at the same
time still have some controls and the other area is that sure, it is easy
for them to say, "Well, it is going to be rental", but if they don't give
you a covenant that we'll keep it rented for x-amount of years, there's no
guarantees and I think seven years is about as good as you are probably
going to get from anyone that is going to be willing to give a covenant to
keep that property rental. The other area, and Mr. Luft can answer this for
me, you had stated for me that under some of the new guidelines in this partic-
ular type of property, they could build approximately 15 units. Correct, as
it stands, that's a basic rule for around 15 units? They're only asking to
build six more units, 21 more units and from what I'm seeing of the project
that they're bringing up, it is going to be a project that is going to en-
hance the neighborhood and protect the neighborhood, not hurt the integrity
of the neighborhood. Mr. Mayor, the last area that I'd like to touch upon is
basically something that Mr. Luft stated in the beginning of his presentation,
and he used the words "outlived its usefulness". Well, I really truly believe
that the present zoning that we have here has truly outlived its usefulness.
I think that when you have an area, and an area that I know very well, I go
there every day, that is so close to a rapid transit station that it has the
surroundings that it has, it has no alternative but to go to a higher density.
But that higher density, in my opinion, is best controlled by the way that we
will go about it here and not letting it go to a maximum of 50 or 60 units
per acre as Mr. Luft said it could go, but to protect it through covenants
that the people will come here and this way we make sure that we can include
some protections that way. But I definitely feel that this area, you have to
open it up to a higher density but a higher density that we can control.
Mr. Dawkins: Mr. Mayor?
Mayor Ferre: Yes, sir, Mr. Dawkins.
Mr. Dawkins: I could not in any way vote for this for the simple reason, and
it has not been denied, Mrs. Nolan went to the Planning Department before pur-
chasing the land and inquired, if the land was purchased would she be allowed
to change the zoning to produce what she desired. She was told no. She then
went ahead and purchased the property and came before us the same as Tibor
Hollo when he wanted to put whatever he put behind the Omni and all other big
developments who go and purchase land knowing what they cannot put on it and
then end up coming before this Commission and the public be damned, this Com-
mission award it to them - this is wrong. Now, somewhere along the lines, as
the Herald said, this time they are right. I wouldn't give a damn, the Herald
says we pay a Planning and Zoning Department a half a million damned dollars
to make decisions and we override the majority of them. Now some of them have
to be overridden but not all of them, not 91%. And as the Mayor said, he's
only speaking for the Mayor - I'm speaking for Miller Dawkins and I only have
one vote but I can express how I'm goin4f vote. And another thing I need
198�
rt ►1UN 15
clarified, Mrs. Dolan said it would be a rental for seven years. Mr. Carollo
said a minimum of seven years. That's what I thought it was, Mr. Fine. The
other thing is I'm a little disturbed again with the Planning Department, is
they let me come here, have these people come here and let Mr. Fine and those
come in and all of a damned sudden you come up with a solution. You know,
I'm tired of it, I'm tired of sitting here and then we go through all of this
and then all of a sudden you've got a solution that you should have discussed
with these people before the meeting. You shouldn't have us come here and
go through a confrontation with the citizenry and with them and then you say,
"Well, Mr. Mayor, I just found out that under this we can do so and so and so",
this is disgusting. And for those reasons, I cannot vote for it.
Mayor Ferre: Any other comments by members of the Commission? I think we can
wind it up pretty quickly.
Mr. Plummer: The only comment, Mr. Mayor, is that these people have demanded
to be heard today and I haven't heard from them. I think they should have the
opportunity to refuse.
Mayor Ferre: I don't think there is any question about that and they will be
heard, you know that. Yes, Mrs. Dolan, quickly.
Mrs. Dolan: I would like to address Commissioner Dawkins, please. I think
you are owed an apology, Commissioner. The call to Mr. Luft concerned a call
that I had with the people who were not living there wanting to sell me their
land. I didnot want to purchase any more land if there wasn't going to be any
change. I originally purchased my land to buy duplexes which the zoning in
the 70's condoned. Now, I would be happy to build duplexes today but in that
time interval it hasn't worked and it won't work. So I didn't want you to
think that I had called and this had occurred, it was a little misleading to
you, and I do thank you for your comments. We were not here to get an R-4,
we never really wanted to go in for a zoning change, we wanted a way or a help-
ful way in order to bring new development that would be in focus with the 80's
because there were only two things constructed in this entire area in the 80's,
only 2% of the buildings, so we weren't really trying for an R-4, it was my
only alternative. So thank you for your comments.
Mr. Dawkins: And thank you for the correction, Mrs. Dolan.
Mayor Ferre: All right, are there any other comments by members of this Com-
mission so we can move along? If not, we have the neighbors that are here
that wish to be heard. How many of you would like to speak? All right, seven.
If you each take about three minutes that would be about 25 minutes, it would
be about half an hour. Do you think that will be all right? Anybody have
any big problem with that?
Mr. Plummer: Yes, Mr. Mayor, I have a problem with a half hour, I informed
you before I've got to go do something at noon that nobody else can do for
me, it is called make a tax deposit and I have to get there before the bank
closes and because of that I will have to leave at noon, Mr. Mayor. I'm
sorry.
Mr. Carollo: Mr. Mayor, I too have to leave at noon, I apologize but the
ground rules that we have made is that we would finish at noon sharply and
I have made some prior arrangements.
Mayor Ferre: All right, ladies and gentlemen, we obviously are going to
have a problem with time, I hate to impose on the neighbors. Yes, you're
all in agreement and you have two members that have expressed agreement
with that here.
Mr. Plummer: Well, excuse me, Mr. Mayor, if the neighbors can get a spokes-
man or two and wrap it up in ten minutes I think we can complete this issue.
That's up to them.
Mayor Ferre: All right, well let's try. Can you try to get two spokespeople
to come up and talk for all of you and let's see if we can wrap it up? Other-
wise we'll have to come back. Okay, I sense that there has been a gentleman
elected to be a spokesman.
Mr. Robert Hunt: More or less self-appointed by "volunteering", I am Robert
Hunt of 2845 Coconut Avenue and gentlemen, that is Lot 12, shown in red on
that projection. Just 50 feet down wind from that yellow area of Dolan
destruction. I cannot pretend to speak for all the neighbors, I haven't
42 JUN 15
rt
consulted with them. But let me make this very brief. I don't understand
or particularly care about the legalistic labeling nomenclature map drawing,
all this. I and I think our other neighbors, we care about the actual
structure that is planned to change our neighborhood and we don't have the
facts. We've heard the petitioner allege twelve stories on the next street
and now we hear it is only six stories. We today have heard the petitioner
speak of a covenant for only twenty-one units and yet a few weeks ago Mrs.
Dolan at a meeting with the neighbors showed us plans to put in twenty-four
units in her three lots and we are to try to sleep there with this four story
building looming up just practically next door, changing this whole area.
Now, we live in one of these terribly deteriorated old structures over fifty
years old built only of very heavy Dade County Pine with terribly old-fash-
ioned hardwood floors throughout and built in a way that there is not one
crack in the plaster in these fifty years, not a leak. This was modest hous-
ing to begin with, that doesn't mean it is deteriorated, it was modest but
good housing being well taken care of. The only people who are against this
are those of us who live there and it's a lot more than 12% because we have
tenants. Our own house, we have tenants who have been with us seven years,
they love this area, they would hate to see it change. I think you gentlemen,
two of you have been quoted by your friends at the Herald as mentioning that
you have to consider the human factors. We beg of you to consider our human
factors, we who live there and love this area. Thank you.
Mr. Dawkins: Sir► first I'd like to tell you that none of us here is governed
by anything that we see in the Herald. I personally couldn't care one way or
the other, they sell papers. They also buy ink by the barrels so I cannot
refute whether they barrels of ink to print but I make a motion that we follow
the Planning and the Zoning Board's recommendation and deny this application.
Mayor Ferre: All right, is there a second to that motion?
Mr. Plummer: Second the motion.
Mayor Ferre: Under discussion.
Mr. Plummer: Mr. Mayor, the only item that I would like to bring out under
discussion, one of the gentlemen who has been very outspoken in recent times
in articles in the morning tabloid, I see who made some comments about this
Commission that we didn't really give a damn, I think now needs to be reprinted
because Mr. Alfred Browning Parker has filed an affadavit in favor of this
petition and I have to ask the question "Does he give a damn?".
Mr. Dawkins: Right on.
Mayor Ferre: Well, he owns property right next door.
Mr. Plummer: Well, when you say he owns property right next door, if it
benefits his pocket then it is good.
Mayor Ferre: Well, you know, human nature is such that.....
Mr. Plummer: I didn't say that, but I just have to question Mr. Parker's
statements in the articles that this Commission did not give a damn, one
must wonder. Sure he supports the development, look at it.
Mayor Ferre: I think that is very fine but besides the point. Now, the
point before us is an immediate petition by Mrs. Dolan and her partners to
rezone five lots for the purposes of a very worthy development. I happen
to think that that would be a good addition to that street, I am for what
Mrs. Dolan is trying to achieve. I am against how Mrs. Dolan is trying to
achieve it because I think it leaves a potential loophole which somebody
that is less caring and less careful can come in through and then big
buildings would go up there. Now, Mr. Hunt said that he doesn't care about
the legals or the drawings or the maps or whatever, but we do have to care
about that because that is our job. We have to care about the legal aspects
of how things are done because if we're sloppy about it then we can make
some mistakes that could be very costly to Coconut Grove. Now, I want to
say to all of you neighbors so that you don't misunderstand: There is noth-
ing that one can do about change, really. In a free society change occurs.
Government can't control it, Washington can't control it, the President
can't control it, the State and the County, it isn't that I'm against planning,
I'm not against planning, obviously we need planning, everybody needs planning
whether we plan a budget or a vacation or a trip or how we educate our children
or grandchildren. The problem is that we cannot have a planned society because
our system does not work that way and I submit to you that even the communists
rt J
XW UN 15 �'�
4 06
in the Soviet Union don't have a real planned economy because human nature
doesn't permit it. So, we have to kind of walk a tight -rope and we need to
do things on a logical basis. Now, I'm voting against this today, as I
said before, but I don't want you to misunderstand. I'm not against this
project. If you look at it, I that is a kind of a project that fits into
the neighborhood both architecturally, in size and in design. It is in
keeping with the character of Coconut Grove. I think that they are going
to end up doing that and I think what happened was that has explained, and
I want the neighbors to understand because I don't want you going out of
here saying, oh, we won and this is a great victory and then six months or
a year from now you call my office all upset that what in the world is
going on when this project is going to occur. And I just want to explain
to you that under the regulations of the new zoning it is not only possible
but probable that a structure like that can be built. What is not possible
and what I hope is improbable, is that a high story, five or six story apart-
ment can be built there. That I am strongly against and I am violently op-
posed to that and I will do everything that I can within my power to make
sure that the integrity of a single family neighborhood is kept and I am
just announcing that I am voting with the motion as made but I don't want
to be misunderstood. Any other statements? Okay, are we ready to vote?
Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 83-528
A MOTION TO UPHOLD THE RECOMMENDATION OF THE PLANNING DEPART-
MENT AND OF THE ZONING BOARD FOR DENIAL OF APPLICATION BY JEAN
DOLAN AND JAMES MERRICK SMITH FOR A CHANGE OF ZONING FROM R-2
TO R-4 ON PROPERTY LOCATED AT APPROXIMATELY 2745-55, 2803, 2815
AND 2823 COCONUT AVENUE.
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
ABSENT: None.
THEREUPON THE CITY COMMISSION RECESSED AT 12:00 NOON AND RECONVENED
AT 2:20 P.M.
rt
JUN 15 19W"
4
15. PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS.
1. Presentation of Key of the City of Miami to the Honorable Eduardo Salcedo,
Ministro Consejero and Consul General of Peru, who is being transferred
back to his country.
2. Presentation of Proclamation to League Against Cancer presented to Dr. Luis
Martinez-Farinas and Mrs. Lourdes Aquila.
3. Commendation presented to Mrs. Esther M. Armbrister for her dedication
to preserving the history of Black Coconut Grove.
4. Plaque presented to Mrs. Alicia Baro, who recently received the National
Urban Coalition Distinguished Community Award.
5. plaques presented to Bob G. Buckner, William H. James, Jr., Wade H.
Hemperley, and Charles A. Cobb, upon their retirement from the Fire
Department.
6. Proclamation presented to Mr. Humberto Quinones for Cuban Lawyers.
7. Proclamation presented to Ms. Angelo Rutherford for Culmer Press.
8. Commendation presented to Mr. Sid Sussman for Video Powerhouse.
9. "Father of the Year" award presented to Mayor Maurice Ferre for his
stand on pornography by the United Fathers of Dade, Dr. Robert Liebler,
President.
45
rt
JUN 1510
a
1
5.1
PRESENTATION OF KEY TO THE CITY OF MIAMI TO HONORABLE EDUARDO SALCEDO
GENERAL CONSUL OF PERU, WHO IS BEING TRANSFERRED BASK TO HIS COUNTRY.
Mayor Ferre: The first presentation that we have is the Honorable Eduardo
Salcedo, who is the the Consul General of Peru in our community. He is being
transferred back to his country for an important position in his country's State
Department. At this time, I would like to invite the Honorable Eduardo Salcedo
to join us up in the podium for a presentation.
Ladies and gentlemen, the Consular Corps in the City of Miami in an
important contributor to the well-being of our community. Invariably, even
though they represent their country, they also end up representing the community
in their own country and in other places. Eduardo Salcedo, the Consul General
of Peru, is one of those wonderful members of the Consular Corps that besides
representing his country, Peru, with a great deal of dignity and ability, has
also represented Miami amongst his peers, the Consular Corps and amongst Peruvians.
I don't usually do this, and I might point out to Consul General, Salcedo, that
this is the second or maybe the third time that I can recall, as Mayor in ten
years, that I have made a presentation of the Keys of the City of Miami to a
member of the Consular Corps. I do so because of the outstanding service that
he has rendered to the City of Miami in bringing together the Consular Corns and in
trying to promote the best interest of our community. Won't you join me in
thanking Consul General and Ministro Consejero, Eduardo Salcedo, for his help.
(APPLAUSE)
Mayor Ferre: E1 Senor Consul quiere tomar esta ocasion para despedirse oficialmente.
E1 regresa, como he dicho, a una position en la Cancillerfa de Peru, a una
position importante. Yo creo que su estadfa en Miami no solamente ha sido grata
para nosotros, sino que tambien ha lido ejemplar por su comportamiento y su
rectitud, y por el interes que ha demostrado con la comunidad hispana aquf,y
cubana en particular, y con todos los ciudadanos de Miami. SeYior Consul.
Mr. Eduardo Salcedo: Muchas gracias, Senor Alcalde. Senor Alcalde, Se4fores
Comisionados, damas y caballeros, deseo muy especialmente agradecer al Senor
Alcalde y a los Comisionados y a la Ciudad por esta delicadeza de haberme
otorgado la Llave de la Ciudad, que esto compromete aun mess mi afecto, mi
carifio, y mi dedicacion al interos que tengo por esta Ciudad, que ya quiero.
E1 Presidente Belaunde me ha trasladado a la Cancillerfa,donde debo asumir
funciones el proximo mes de Julio. Quiero contarles a ustedes que he side
testigo de excepcion de el aprecio y el afecto que el Presidente Fernando
Belaunde Terry tiene para con nuestro querido y respetado Alcalde Maurice
Ferre, y la amistad de ambos. Esta relacion, como ustedes conocen, no es una
relacion de ahora, es una relacion que ellos mantienen desde hace muchos af(os.
No solamente desde el primer gobierno de Fernando Belaunde, sino cuando tambien
estuvo fuera del gobierno en el destierro, que es como ustedes conocen, donde
mas se profundizan y se hacercan las personas. Esta relacion personal de Maurice
Ferre con Fernando Belaunde Terry ha hecho que mi mision sea mucho mas grata,
mucho ma's cordial, y mucho mess efectiva, facilitando en todo las gestiones
oficiales que he realizado mientras permanezco a cargo de las funciones del
Consul General del Peru en Miami.
Quisiera que me permitan decir algo que ustedes ya todos to saben, yero
yo, como un funcionario diplomatico extranjero, y tambien en mi condition de
Presidente de la Asociacidn Consular Latinoamericana, quiero expresarla. Y
es to que nosotros hemos observado del gran interds, la dedicacion de Maurice
Ferre por hacer que esta Ciudad de Miami cada vez, no solamente crezca, sino
sea reconocida internacionalmente en el nivel que tiene. Y esto nosotros to
vamos observando cada vez ma's y mejor. Miami se convierte, no solamente en
un centro de turismo, se convierte tambien en un centro de finanzas, en un centro
de desarrolla, en un centro medico, tambien en un centro de industrias -esa
industries blanca. Todo esto hate que Miami se configure cada vez mas como
una ciudad y como una ciudad afirmando sus institutions. Le deseo a nuestro
amigo, el Alcalde Maurice Ferre, el mejor de los exitos en todo este empei%
y en toda esta dedicacion para hacer de Miami cada vez un sitio mejor y que
sl 46 JUN 1511
i
Mr. Salcedo (CON'T): tenga con el apoyo de toda la ciudad, muy pronto,esta
satisfaccion de ver nuevamente coronados sus deseos, sus inquietudes,con nuevos
4xitos. Finalmente, manifestarles que ha sido para mi muy grato vivir en Miami
y me voy con cierta nostalgia. Pero donde me encuentre quiero que sepan ustedes
que expresare mi afecto y mi cariNo por esta tierra tan querida donde he pasado
solamente tres anos que han realmente volado. Ya saben que me tienen a sus muy
gratas ordenes en el Ministerio de Relaciones Exteriores en Lima. Muchisimas
gracias.
(APLAUSO)
-a 9
JUN 151983
I
16. SECOND READING ORDINANCE: APPLY HC-1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO OLYMPIA THEATRE OFFICE BUILDING,
GUSIWI CULTURAL CENTER.
Mr. Plummer: We'll now hear item number 1. All parties interested in
item number 1, please come forward. Is there anyone interested in item
number 1, 174 East Flagler, the Gusman Cultural Center. It is on second
reading. It was moved prior by myself; seconded by Perez. Due to the
lack of a quorum ... Mr. City Attorney, does two constitute quorum?
Mr. Bob Clark: No, sir.
Mr. Plummer: I don't like your ruling. Where is Pedrosa? Due to the
lack of interest, this Commission has resumed and disbursed. Anybody
do a so£tshoe? Is there a third? Is there a third? Is there a third?
Did you bring a pinochle deck with you? Do you play Srabble? We are on
item number 1, I believe. Sir.
Mr. Carollo: Do we have a full Commission here in the Chambers? Are
the Mayor and Miller around?
Mr. Plummer: The Mayor went this way and asked me to take care of running
the meeting. Commissioner Dawkins went that way.
Mr. Carollo: We all look alike.
Mr. Plummer: That's true.
Mr. Carollo: Anyway, the minute they come back can we take up the zoning
item relating to the members of the Zoning Board? A lot of people have
been waiting for that all day.
Mr. Plummer: You can make that request of the Mayor.
Mr. Carollo: I would like to see if we can come to a conclusion with that.
Mr. Plummer: Be fine, sir. We are now on item number 1. Moved by Perez.
Seconded by Carollo on second reading. Is that correct?
Mr. Carollo: Hold on. Let me see what you guys....
Mr. Plummer: It's in reference to the heritage in relation to Gusman Hall.
Mr. Carollo: Move.
Mr. Plummer: Read the ordinance. Motion understood? 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 CON-
SERVATION OVERLAY DISTRICT TO THE "OLYMPIA
THEATER AND OFFICE BUILDING," (ALSO KNOWN AS
GUSMAN CULTURAL CENTER), BEING APPROXIMATELY
174 EAST FLAGLER STREET, (MORE PARTICULARLY
DESCRIBED HEREIN); MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES IN THE ZONING
ATLA.5 MADE A PART OF SAID ORDINANCE NO. 9500,
BY REFEliENCE AND DESCRIPTION IN ARTICLE 3, SEC-
TION 300, THEREOF; BY REPEALING ALL ORDINANCES,
CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
sl 'iN sl JUN 15 1915
+5
�7
4
Passed on its first reading by title at the meeting of May 31, 1.983,
it was taken up for its second and final reading by title and adoptic•,.
On motion of Commissioner Perez, seconded by Commissioner Carollo, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NOES: None.
ABSENT: Mayor Maurice A. Ferre
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9643
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: APPLY RC-1 GENERAL USE HERITAGE CONSER-
VATION OVERLAY DISTRICT TO PROPERTY LOCATED 526 N.W. 13 STREET,
DR. WILLIAM CHAPMAN HOUSE.
Mr. Plummer: Item number 2, second reading, zoning ordinance number 9500,
property at 526 N.W. 13 Street, the Dr. William Chapman house.
Mr. Carollo: Move.
Mr. Plummer: Moved by Carollo.
— Mr. Dawkins: Second.
Mr. Plummer: Seconded by Dawkins. Read the ordinance.
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 CON-
SERVATION OVERLAY DISTRICT TO THE "DR. WILLIAM
CHAPMAN HOUSE," BEING APPROXIMATELY 526 NORTH-
WEST 13TH STREET, (MORE PARTICULARLY DESCRIBED
HEREIN); MAILING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES IN TEH ZONING ATLAS MADE A
PART OF SAID ORDINANCE NO. 9500, BY REFERENCE
AND DESCRIPTION IN ARTICLE 3, SECTION 300, THERE-
OF; BY REPEALING ALL ORDINANCES, CODE SECTIONS,
OR PARTS THEREOF IN CONFLICT AND CONTAINING A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of May 31, 1983,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Carollo, seconded by Commissioner Dawkins, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
49 J U N 151983
lJ
sl
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NOES: None.
ABSENT: Mayor Maurice A. Ferre
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9644
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: APPLY HC-1 GENERAL USE HERITAGE
CONSERVATIO14 OVERLAY DISTRICT TO PROPERTY LOCATED 60-64 S.E.
4 ST., FLAGLER WORKER HOUSE, LOCATED FT. DALLAS PARK.
Mr. Plummer: Item number 3 is 60-64 S.E. 4 Street, better known as the
Flagler Workman's House, located in Ft. Dallas Park. Is there anyone wishing
to speak on item number 4? Is there a motion? Is there a motion on item •a?
Mr. Carollo: So move.
Mr. Plummer: Move by Carollo. I'm sorry, Item 3.
Mr. Perez: Second.
Mr. Plummer: Seconded by Perez. Anyone wishing discussion of the Commission?
Read the ordinance. Motion understood? 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 "FLAGLER WORKER'S HOUSE", LOCATED IN
FT. DALLAS PARR, BEING APPROXIMATELY 60-64 NORTHEAST
4TH STREET, (MORE PARTICULARLY DESCRIBED HEREIN);
MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES
IN THE ZONING ATLAS MADE A PART OF SAID ORDINANCE NO.
9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SEC-
TION 300, THEREOF; BY REPEALING ALL ORDINANCES, CODE
SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING
A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of May 31, 19839
it 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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NOES: None.
ABSENT: Mayor Maurice A. Ferre
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9645
54
JUN 151983
LS
0
sl
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. SECOI7D READING ORDIi1AICE: APPLY HC-1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO PROPERTY LOCATED 1000 S. 141AMI
AVE., FIRE STATION NO. 4.
Mr. Plummer: Item number 4, 1000 S. Miami Avenue, Fire Station No. 4, for
the heritage conservation overlay district. Is there anyone in the audience
who wishes to speak on item number 4. Dr. Theede, for the record, state
your name and your mailing address and proceed.
Dr. Jane Theede: Dr. Jane Theede, 150 S.W. 7 Street. Sorry I was asleep
on this last time. What are they proposing to do with this Fire Station?
Mr. Plummer: Merely to, in this particular case, to apply the heritage
conservation overlay district, applying it to this property.
Dr. Theede: I know, but what is the specific proposal to do with the
property?
Mr. Pl;immer: None.
Mr. Jack Luft: We are just protecting it.
Dr. Theede: So that it is not ever going to be torn down? Because that is
an eye sore there right now.
Mr. Luft: No, it will be fixed up. In fact, it will be returned to its
original Mediterranean whatever.
Mr. Plummer: Wait a minute. Excuse me. Once you apply the district, Doctor,
there are provisions that it could in fact after a certain procedure, be torn
down. But under this procedure, I think, that the greatest advantage is that
they are applying for Federal funds to fix up if the person wishes to do it.
As you know, at the present time, the City is the owner. Whether or not the
City, in fact, takes and puts it out as surplus property to be sold is some-
thing to be determined in the future.
Dr. Theede: O.K., but this is not going to prohibit the City from selling
this property?
Mr. Plummer: Absolutely not.
Mr. Luft: No.
Dr. Theede: This is my concern.
Mr. Plummer: It would slow it down, but doesn't prohibit the sale.
Dr. Theede: No, but this is potentially very valuable income to the City
to sell this property at a later date.
Mr. Plummer: You are correct.
Dr. Theede: And I just don't want to see this get boggled down so that
we are going to spend more money uaboggling it than we are in selling it.
Mr. Plummer: Correct.
Mr. Luft: We've done the financial performance and the cash flow and the
income on it. We can show you demonstrably the cash advantage, the income
advantage to going this route, as opposed to disposing of it now or leaving
it in a decrepit situation.
51 JUN 151983
6
r
Dr. Theede: I'm not opposed to fixing it up and utilizing it. My main
thing is right now it is a disaster. Something needs to be done. Either
we need to get rid of it or utilize it.
Mr. Luft: This is the best way to utilize it in the short term. We have
our options open in the long run.
Mr. Plummer: Any further discussion?
Dr. Theede: O.K., thank you.
Mr. Plummer: Any further discussion? What is the pleasure of the Commission?
Moved by Dawkins. Seconded by Perez. Read the ordinance on item 4.
Motion understood? 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 CON-
SERVATION OVERLAY DISTRICT TO "FIRE STATION
NO. 4," BEING APPROXIMATELY 1000 SOUTH MIAMI
AVENUE, (MORE PARTICULARLY DESCRIBED HEREIN);
MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES IN THE ZONING ATLAS MADE A PART OF SAID
ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION
IN ARTICLE 3, SECTION 300, THEREOF; BY REPEALING
ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF
IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of May 31, 1983,
it 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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NOES: None.
ABSENT: Commissioner Joe Carollo
Mayor Maurice A. Ferre
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9646
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: Agenda items 5, 6, 7, and 8 were withdrawn.
sl .52 AN 1510
k
0
20. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 4226-4368
N.W. 7TH STREET FROM RG-2/4 TO CR-2/7.
Mr. Plummer: We are on item 13. Item 13 is 4226-4368 N.W. 7 Street,
change from RC-2/4 to CR-2/7. This is the Planning Department's application.
Mr. McManus, do you wish a full Commission?
Mr. McManus: No, sir.
Mr. Plummer: Boy, are you dumb!
Mr. Dawkins: Move it.
Mr. Plummer: It has been moved. Do you have anything further to say,
Mr. McManus?
Mr. McManus: No, sir.
Mr. Plummer: Seconded by ... you herein stipulate that all the facts that
you presented are true and correct to the best of your knowledge?
Mr. McManus: Yes, sir.
Mr. Plummer: I declare you man and wife. Read the ordinance on 13. Is
there anyone wishing to discuss item 13? Let the record reflect no one
came forth. Motion understood? Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY CHANGING THE ZONING CLASSIFICATION OF APPRO-
XIMATELY 4226 - 4368 NORTHWEST 7TH STREET, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN)
FROM RG-2/4 GENERAL RESIDENTIAL TO CR-2/7 COM-
MERCIAL RESIDENTIAL; MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHANGES IN MAP NO. 32 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 PRO-
VISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins, and seconded by Commissioner
Perez and passed on its first reading by title by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NOES: None.
ABSENT: Commissioner Joe Carollo
Mayor Maurice A. Ferre
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
s1 53 51983
.JUN 1
i
21. FIRST READING ORDINANCE: APPLY HC-1 GENERAL USE HERITAGE
CONSERVATIOI4 OVERLAY DISTRICT TO PROPERTY LOCATED 1800 N.E.
2 AVENUE, CITY OF I,1LIA11I CEMETERY.
Mr. Plummer: Number 14 I am in a conflict of interest. Is there anyone
wishing to speak on City cemeteries making it a historic conservation
overlay district? Did you check with all....
Mr. Dawkins: The only way I will vote for this is if they name a cemetery
the "J.L. Plummer Resting Home."
Mr. Plummer: Yes, that's so true. Mr. Luft.
Mr. Luft: We surveyed all the residents and there are no objections.
LAUGHTER.
Mr. Plummer: I am happy to hear that, sir, but I will only accept that in
writing. Does anyone wish to move the cemetery?
Mr. Dawkins: Move it.
Mr. Plummer: You move the cemetery. Do you wish to second the cemetery?
Read the ordinance. Is there any member of the audience who wishes to
speak on item 14, commonly known as City cemetery? Motion understood?
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 CON-
SERVATION OVERLAY DISTRICT TO THE "CITY OF
MIAMI CEMETERY", LOCATED AT APPROXIMATELY 1800
NORTHEAST 2ND AVENUE, (MORE PARTICULARLY DESCRIBED
HEREIN); MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES IN MAP NO. 23 OF THE ZONING
ATLAS MADE A PART OF SAID ORDINANCE NO. 9500,
BY REFERENCE AND DESCRIPTION IN ARTICLE 3,
SECTION 300, THEREOF; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins, and seconded by Commissioner
Perez and passed on its first reading by title by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Vice Mayor J.L. Plummer, Jr.
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
sl 54
JUH 151983
4' 0
- ----------------------------------------------------------------------
NOTE FOR THE RECORD: Agenda items 15, 16, and 17 were withdrawn.
------------------------------------------------------------------------
22. ACCEPT PLAT ENTITLED "V.P. GARDENS" LOCATED N.W. 14 ST.
AND N.W. 31 AVE.
Mr. Plummer: Item 20 is a plat entitled V.P. Gardens, N.W. 14 Street and
31 Avenue.
Mr. Carollo: Move.
Mr. Plummer: Moved by Carollo.
Mr. Perez: Second.
Mr. Plummer: Seconded by Perez. Is the applicant present? Is there any
discussion? It is a resolution that doesn't need... Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 83-529
A RESOLUTION ACCEPTING THE PLAT ENTITLED "V.P.
GARDENS", A SUBDIVISION IN THE CITY OF MIAMI;
AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT;
AND ACCEPTING THE COVENANT TO RUN WITH THE LAND
POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN
IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF
PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE
CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT
AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Vice Mayor J.L. Plummer, Jr.
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
sl
J U N 151963
i
23. ACCEPT PLAT ENTITLED "VIZCAYA STATION" LOCATED S.W. 1 AVE.
A4D S.W. 32 ROAD.
Mr. Plummer: 21 is a plat, Vizcaya Station, be withdrawn. So ordered,
withdrawn.
Mr. Gary: No, no, 21 is O.K.
Mr. Carollo: Move.
Mr. Plummer: Moved by Carollo. Seconded by Perez. Anyone wishing to
speak to item 21, Vizcaya Station? Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 83-530
A RESOLUTION ACCEPTING THE PLAT ENTITLED VIZCAYA
STATION, A SUBDIVISION IN THE CITY OF ML914I; AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR
THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Vice Mayor J.L. Plummer, Jr.
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
24. ACCEPT PLAT ENTITLED "SANTA CLARA STATION" LOCATED N.W. 12 AVE.
AND N.W. 20 ST.
Mr. Plummer: Item 22, Santa Clara Station.
Mr. Carollo: Move.
Mr. Plummer: Moved by Carollo. Seconded by Perez. Anyone wishing to
discuss Santa Clara Station? Call the roll.
56
s1 JUN 151900
4r 0
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 83-531
A RESOLUTION ACCEPTING THE PLAT ENTITLED SANTA
CLARA STATION, A SUBDIVISION IN THE CITY OF MIAMI;
AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT;
AND AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING
FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Vice Mayor J.L. Plummer, Jr.
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
---------------------------------------------------------------------
NOTE FOR THE RECORD: Agenda item 23 was deferred.
------------------------------------------------------------------------
NOTE FOR THE RECORD: Agenda items 25, 26, and 27 were deferred.
25. ACCEPT BID CITY-WIDE SANITARY SEWER EXTENSION 17.W. LOTH AVE.
Mr. Plummer: Item 28, accepting the bid of D.M.P. Corporation for $5,961.40
recommended by the Manager to execute a contract.
Mr. Dawkins: Move it.
Mr. Plummer: Moved by Dawkins. Seconded by....
Mr. Perez: Second.
Mr. Plummer: ....Perez. Anyone wishing to discuss item 28? Call the roll.
5'7 ��
sl JUN 1519
Of
0
The following resolution was introduced by Commissioner Dawkins,
who moved its adoption:
RESOLUTION NO. 83-532
A RESOLUTION ACCEPTING THE BID OF D.M.P. CORPORATION
IN THE PROPOSED AMOUNT OF $5,961.40, BASE BID OF THE
PROPOSAL, FOR CITY-WIDE SANITARY SEWER EXTENSION -
N.W. 10 AVENUE; WITH MONIES THEREFOR ALLOCATED FROM
THE ACCOUNT "CITYWIDE SANITARY SEWER EXTENSIONS
IMPROVEMENTS" IN THE AMOUNT OF $5,961.40 TO COVER
THE CONTRACT COST; ALLOCATING FROM SAID FUND THE
AMOUNT OF $775.00 TO COVER THE COST OF PROJECT EXPENSE;
ALLOCATING FROM SAID FUND THE AMOUNT OF $119.60 TO
COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING
LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted herein and
on file in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NOES: None.
ABSENT: Mayor Maurice A. Ferre
26. ACCEPT BID M=4I SPRINGS GOLF COURSE, ELECTRIC GOLF CART
STORAGE FACILITY.
Mr. Plummer: Electric golf carts, 29, for the Miami Springs Golf Course,
sending it to the Manager to execute a contract with said firm. I am
assuming the City Manager recommends. Is that correct, sir? Is there
anyone wanting to move on the golf course golf carts for Miami Spring?
Mr. Perez: Move.
Mr. Plummer: Moved by Perez. Seconded by Al Howard. You don't play golf?
Carollo, would you like some golf carts at Miami Springs?
Mr. Dawkins: Do you remember I told you I was holding one in hostage with
Mr. Gary. This may be it.
Mr. Gary: It's a shed, a shed for the carts.
Mr. Plummer: Oh, this is a shed to put the carts in. I'm sorry. God
forbid we should get a dirty cart.
Mr. Gary: Not only that. If it rains...and the whether destroys them.
Mr. Plummer: I understand. If I catch a Mercedes in there, God help you!
Mr. Dawkins: Second on the Mercedes.
Mr. Plummer: On the Mercedes...(LAUGHTER)... Call the roll on item 29.
al 57
,Ju% 1900
The following resolution was introduced by Commissioner Perez,
who moved its adoption:
RESOLUTION NO. 83-533
A RESOLUTION ACCEPTING THE BID OF SOUTHERN CONSTRUCTION
INTERNATIONAL CORP. IN THE PROPOSED AMOUNT OF $58,250,
BASE BID PLUS ADDITIVE ITEM A OF THE PROPOSAL, FOR MIAMI
SPRINGS GOLF COURSE - CART STORAGE FACILITY; WITH MONIES
THEREFOR ALLOCATED FROM THE "MIAMI SPRINGS GOLF COURSE -
ELECTRIC GOLF CART STORAGE FACILITY" ACCOUNT IN THE
AMOUNT OF $58,250 TO COVER THE CONTRACT COST; ALLOCATING
FROM SAID FUND THE AMOUNT OF $6,000 TO COVER THE COST
OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE
AMOUNT OF $750 TO COVER THE COST OF SUCH ITEMS AS
ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
SAID FIRM.
(Here follows body of resolution, omitted herein and on file
in the Office of the Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NOES: None.
ABSENT: Mayor Maurice A. Ferre
27. ACCEPT BID ALLAPATTAH 11INI-PARK DEVELOPMENT.
Mr. Plummer: Accepting the bid of P.N.M. Corporation for $68,515 on items
A, B, and C of the proposal for the Allapattah Mini Park. The City Manager
[to] execute a contract with said firm.
Mr. Dawkins: Where will they be located?
Mr. Plummer: Mr. Gary, item 30, where will they be located? Mini Park
A, B, and C?
Mr. Dawkins: At mini parks in Allapattah where?
Mr. Plummer: Mr. Kerns, can you assist Mr. Gary?
Mr. Carl Kern: Yes, Carl Kern, City of Miami Parks Director, that is
20th Street, right in front of the scattered site 16 housing project,
the H.U.D. project that has been there for many years. These are some
basketball courts that are part of that housing.
Mr. Dawkins: And the mini parks will be put on how much land...are we
talking about?
Mr. Kern: I would say ... I don't have the map right here in front of me,
but it is a half an acre, basically just a basketball court.
Mr. Dawkins: A basketball court?
sl
59 N 190�
.ju
Mr. Kern: Yes, some other minor things.
Mr. Dawkins: Like what, what minor? What are the minor things?
Mr. Dawkins: Oh, just basketball courts, landscaping, benches, that's all.
Mr. Plummer: Any further discussion? Is there a motion?
Mr. Carollo: Motion.
Mr. Plummer: By Carollo, seconded by Perez. Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION 83-534
A RESOLUTION ACCEPTING THE BID OF P.N.M. CORPORATION
IN THE PROPOSED AMOUNT OF $68,515, BASE BID PLUS
ADDITIVE ITEMS A, B, AND C OF THE PROPOSAL, FOR
ALLAPATTAH MINI PARK - DEVELOPMENT; WITH MONIES
THEREFOR ALLOCATED FROM THE ACCOUNT ENTITLED "FEDERAL
COMMUNITY DEVELOPMENT BLOCK GRANT" IN THE AMOUNT OF
$68,515 TO COVER THE CONTRACT COST; ALLOCATING FROM
SAID FUND THE AMOUNT OF $10,975 TO COVER THE COST OF
PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT
OF $1,375 TO COVER THE COST OF SUCH ITEMS AS ADVER-
TISING, TESTING LABORATORIES, AND POSTAGE; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
vice Mayor J.L. Plummer, Jr.
NOES: None.
ABSENT: Mayor Maurice A. Ferre
28. AUTHORIZE EXECUTION OF AGREEMENT, PROFESSIONAL SERVICES WARREN
L. BRALM, P.E., CONSULTING ENGINEERS, CABLE COM11UNICATIONS AGE=
FOR TECH14ICAL REVIEW.
Mr. Plummer: Item 31, execute an agreement on cable T.V., which we lost
yesterday for $10,000. Mr. Gary, I would assume we'd have to have an
answer as to why should we spend this money now that the Senate killed
us? Or should this await?
Mr. Gary: No, I think you ought to authorize it. But obviously we would
not proceed to spend those funds. But I must inform you that even though
the Senate is killing it, it does provide for public programming. This
$10,000 is going to your municipal access corporation.
Mr. Plummer: Do you recommend this item?
Mr. Gary: Yes, sir, yes, sir.
Mr. Plummer: Is there a motion on 31?
Mr. Perez: Move.
64 15 1Wgw—
sl
sl
Mr. Plummer: Moved by Perez. Is there a second on 31?
Mr. Dawkins: Second for discussion.
Mr. Plummer: Seconded for discussion, Commissioner Dawkins. Go ahead.
Mr. Dawkins: This is for professional services to assist the cable communications
agency in conducting a technical review. Why do we have to pay him to conduct
a technical review?
Mr. Gary: No, you are not paying him.
Mr. Dawkins: Why do we have to pay to help him get a technical review?
Mr. Gary: You are not paying him to get a technical review. This is to
protect the City....
Mr. Plummer: Who is 'him"
Mr. Dawkins: The cable owner.
Mr. Plummer: No, this is with Warren L Braun.
Mr. Gary: Let me explain it to you. We have to do an evaluation annually
according to the ordinance with regard to the performance of a contractor.
When we were going through this process, we understood that there was some
technical aspects of the conformance of the contract or the ordinance. We
don't have anybody on staff that is technically competent to determine
whether or not the state of the art system, which is a requirement of the
ordinance, is actually being put in place. We don't have the technical
expertise to not only determine the technical aspects of the state of the
arts of the system are adequate, but also in terms of the lines that are
going to the various homes and whether or not what they said they were going
to give us, they are actually givins us technically. This is an engineering
expert who can tell us whether or not, not Hermanowski, the firm is doing
what they are supposed to do. It is to protect us. They have been giving
us information which we questions in terms of the adequacy or the liability
of the information. We want to get an expert to make sure that they have
not misrepresented the facts.
Mr. Dawkins: O.K., I want this spelled out in his contract: that he is
employed by the City of Miami, that he is looking out for the City of Miami's
interest, and I would like to know technically what the City of Miami...
I don't intend to assist them to make them look good.
Mr. Gary: Oh, no, we pay him. He gets his check from us.
Mr. Plummer: Any further discussion on item 31? Hearing none, call
the roll, with a notation of Commissioner Dawkins' statement.
The following resolution was introduced by Commissioner Perez,
who moved its adoption:
RESOLUTION NO. 83-535
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED HERETO,
FOR PROFESSIONAL SERVICES WITH WARREN L. BRAUN, P.E.,
CONSULTING ENGINEERS FOR THE PURPOSE OF ASSISTING THE
CABLE COMMUNICATIONS AGENCY IN CONDUCTING ITS TECHNICAL
REVIEW OF THE CABLE TELEVISION SYSTEM; ALLOCATING A SUM
NOT TO EXCEED $10,000.00 TO COVER THE COST THEREFOR
FROM SPECIAL REVENUE FUNDS, CABLE TELEVISION.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
61
JUN 151983
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NOES: None.
ABSENT: Mayor Maurice A. Ferre
29. AUTHORIZE PURCHASE OF ADDITIONAL EQUIPMENT TO BE MOUlATED ON
SIX FIRE APPARATUS PUMPERS.
Mr. Plummer: Item 32, a resolution ratifying and confirming the action
of the City Manager and approving the emergency purchase of additional
equipment to be installed on the six fire apparatus pumpers now being
manufactured by Pierce Manufacturing Company, Inc. at a total cost of
$8,178 for the Department of Fire, Rescue, and Inspection Service using
funds therein from the 1981 Firefighting Fire Prevention and Rescue Facilities
Bond Fund. The reason that I am reading this instead of the agenda is what
reason, Mr. City Attorney?
Mr. Bob Clark: Because this was the ratification of the Manager's action
in ordering it installed in the factory.
Mr. Plummer: Is there anyone wishing to offer item 32? Moved by Dawkins
and seconded by Perez. Any further discussion? Call the roll on item 32.
The following resolution was introduced by Commissioner Dawkins,
who moved its adoption:
RESOLUTION NO. 83-536
A RESOLUTION RATIFYING AND CONFIRMING THE ACTION OF
THE CITY MANAGER IN APPROVING THE EMERGENCY PURCHASE
OF ADDITIONAL EQUIPMENT TO BE INSTALLED ON THE SIX
(6) FIRE APPARATUS PUMPERS NOW BEING MANUFACTURED BY
PIERCE MANUFACTURING COMPANY, INC. AT A TOTAL COST
OF $8,178 FOR THE DEPARTMENT OF FIRE, RESCUE AND
INSPECTION SERVICES; USING FUNDS THEREFOR FROM THE
1981 FIREFIGHTING FIRE PREVENTION AND RESCUE FACILI-
TIES BOND FUND.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NOES: None.
ABSENT: Mayor Maurice A. Ferre
sl 02
JUN 151900
0
30. DESIGNATE PLAi414ING AiiD DESIGiI SERVICES FOR REDEVELOP" E:IT OF
MOORS PARK.
Mr. Plummer: Item 33.
Mr. Bob Clark: On item 33 the record should reflect that the resolution
being passed designates the project as a category "B" and also names a
chairman for the committee, selection committee.
Mr. Plummer: O.K.
Mr. Dawkins: The only problem I have with it is, Mr. Gary, explain to me
why Mr. Carl Kern instead of a citizen is the chairperson? You didn't have
time enough to get a citizen?
Mr. Gary: No, this is a staff function, Commissioner Dawkins.
Mr. Plummer: Is there anybody wishing to offer item 33?
Mr. Dawkins: I offer it.
Mr. Gary: This is matching that grant we got.
Mr. Plummer: Is there a second?
Mr. Dawkins: I offer it with the stipulation that residents of the area
be concerned, be in all parts of this especially in the final drawing up
of what should be done.
Mr. Gary: In response to that, we plan to have meetings with the area
residents.
Mr. Dawkins: Mr. Gary, that's fine. I've heard that before. You told me
the same thing. Not you, but your staff has told me the same damned thing
for Manor Hadley Park and the people are still knocking on my door wondering
what we are doing over there.
Mr. Gary: I take responsibility for my staff. We'll make sure that it is
done properly.
Mr. Dawkins: Very well.
Mr. Plummer: For Mr. Dawkins' neighbors, Mr. Gary's home phone number is....
Mr. Gary: P-L-U-M-M-E-R.
Mr. Dawkins: I move it.
Mr. Plummer: Further discussion on item 33?
Mr. Dawkins: With those stipulations.
Mr. Plummer: Call the roll on item 33.
63
sl
JUN � 5 t994
The following resolution was introduced by Commissioner Dawkins,
who moved its adoption:
RESOLUTION NO. 83-537
A RESOLUTION DESIGNATING PLANNING AND DESIGN SERVICES
FOR THE REDEVELOPMENT OF MOORE PARR AS A CATEGORY B
PROJECT, AND APPOINTING CARL KERN, DIRECTOR OF THE
DEPARTMENT OF PARKS, AS CHAIRMAN OF THE COMPETITIVE
SELECTION COMMITTEE, IN ACCORDANCE WITH ORDINANCE NO.
8965, ADOPTED JULY 23, 1979, WHICH ORDINANCE ESTABLISHED
PROCEDURES FOR CONTRACTING SAID PROFESSIONAL SERVICES
AND ALSO ESTABLISHED COMPETITIVE NEGOTIATION REQUIREMENTS
WITH REGARD TO THE FURNISHING OF SUCH SERVICE.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NOES: None.
ABSENT: Mayor Maurice A. Ferre
31. AUTHORIZE CITY MANAGER TO ENGAGE A COUSULTANT FOR COMPREHENSIVE
RECREATION COMMUNITY NEEDS ASSESSMENT.
Mr. Plummer: Item 34, authorizing $25,000 for the purpose of conducting
a comprehensive recreation community needs assessment.
Mr. Gary: May I respond to this?
Mr. Plummer: Well, since you didn't recommend it, I guess you should,
item 34, Mr. Gary.
Mr. Gary: If you recall, there have been some concerns about improving
the delivery of recreational services to the residents of Miami. As a
result we did an operational analysis study and we highlighted certain
problems that needed to be corrected in the Recreation Department, which
was then presented to the City Commission and which was approved by this
Commission. One of the things that the Commission has been talking to
me about for the last year is that they want to make sure that the
recreation programs that we were putting in the various parks and the
various neighborhoods were reflective of the desires and needs of the
citizens who live in that neighborhood. What we want to do here is do
a professional needs assessment to determine what the community actually
wants in terms of recreational programs so that we will not be giving
somebody a football when they want soccer, or somebody iceskating when
they want shuffleboard. This is to do a needs assessment by individual
area so that we will target in those needs based on the programming and
the staffing that we are going to put in each particular park.
sl ^SUN 15.64
Mr. Carollo: Any further discussion? Do we have a motion?
Mr. Dawkins: Move.
Mr. Perez: Second.
Mr. Carollo: Seconded, Mr. Clerk, roll call.
The following resolution was introduced by Commissioner Dawkins,
who moved its adoption:
RESOLUTION NO. 83-538
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENGAGE
A CONSULTANT, IN AN AMOUNT NOT TO EXCEED $25,000, FOR
THE PURPOSE OF CONDUCTING A COMPREHENSIVE RECREATION
NEEDS ASSESSMENT WITHIN THE CITY FOR THE DEPARTMENT
OF RECREATION WITH FUNDS THEREFOR ALLOCATED FROM THE
BUDGETED FUNDS OF SAID DEPARTMENT.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
65 183
32. DISCUSSION ITEM RE: NA:-IES OF BUILDINGS, PARKS, ETC. IN HONOR OF
PERSONS THAT ARE STILL WORDING IN ACTI','E SERVICE. (Continued
later, same meeting.)
Mr. Carollo: I have a pocket item if it's alright to bring up now. It will
be a quick one. The pocket item that I would like to bring up has to do with
the naming of buildings, parks, etc. in the City of Miami and the motion that
I would like to bring up is a motion that while anyone is in office, planning
and running for office, that or at least have to wait a year until they are
out of office that no buildings, parks, etc. be named after anyone. I think
that's self explanatory. I think that if we look at history, not only in the
City of Miami, but history in general, that the honor of naming buildings or
parks or what have you after individuals is usually either when they are dead
or out of government service and I think that that's the best policy to go
ahead and follow. So, if I may I will pass the gavel to Miller. I will make
a motion that this resolution be approved.
Mr. Perez: I think that it would be better to have a full Commission for that.
Mr. Carollo: My colleagues would insist on waiting. Miller wants to pass the
gavel.
Mr. Dawkins: Is there a second?
Mr. Carollo: He wants to wait for a full Commission. We will wait for a full
Commission.
33. APPROVE TWO YEAR EXTENSION OF EMPLOYMENT PAST THE AGE OF 70 FOR
ROBERT OWEN, TYPIST CLERK III, LAW DEPT.
Mr. Clark: Mr. Chairman, would you take a roll call vote on Robert Owen's
continued employment. The one I handed out.
Mr. Carollo: Is there a motion on Mr. Owens? Miller moves, Perez seconds,
roll call?
The following resolution was introduced by Commissioner Dawkins, who moved
its adoption:
RESOLUTION NO. 83-539
A RESOLUTION APPROVING A TWO (2) YEAR EXTENSION OF EMPLOYMENT
PAST THE AGE OF 70 FOR ROBERT OWENS, TYPIST CLERK III, DEPARTMENT
OF LAW, EFFECTIVE MAY 18, 1983 THROUGH MAY 18, 1985, WITH THE
PROVISION THAT IN THE EVENT OF A ROLLBACK OR LAYOFF, ROBERT
OWENS, RATHER THAN A JUNIOR EMPLOYEE, WOULD BE AFFECTED.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
NOES: None.
ABSENT: Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
Do JUN 151953
gl
1
33.1 CONTINUED DISCUSSION RE: NA-IING OF
AND PARKS IN HONOR OF PERS014S THAT
SERVICE. (MOTION �=E, NC SECCND).
STREETS, P',BLIC BUILDINGS r
APE STILL WCPYING IN ACTIVE
Mr. Carollo: Mr. Mayor, I had a pocket item that I brought up that I don't
know if you heard it or not on your way down.
Mayor Ferre: I imagine it was a real doozie.
Mr. Carollo: No, a very to the point pocket item that we refrain from naming
any buildings or parks, etc. on anyone who is presently active in City government,
plans on running for City government or wait until a year after they are out of
City government.
Mr. Plummer: What item?
Mr. Carollo: No, we are not. We are waiting for the full Commission.
Mayor Ferre: Well, I don't think that's a problem at this time, is it? But I
don't have any... since you yourself when we were going to name that building
which I would be happy to move at any time. J. L., you yourself said you didn't
want to consider it. Now, Carollo is coming up with a motion. Did you hear what
the motion said?
Mr. Plummer: Basically that nothing would be named after an elected official
who is either presently serving or running until a year after they are out of
office.
Mr. Carollo: Not only elected officials, but any governmental official until they
are out of goverment service, a year after they are out of government service or
if that includes anybody that's been out of government service for over a year
but they are planning on running or running while they are being considered, that
they would not be considered.
Mayor Ferre: I got to tell you that that goes contrary to the tradition of the
City of Miami in the case of the renaming of a park after Robert King High, in,
the case of renaming a building after Stephen P.Clark, in the case of the naming
of a golf course after Melvin Reese, in the naming of a center after Theodore
Gibson. So those are the ones that just come to mind and I think your intentions
is fine, Joe, but I can't vote for it on that basis because I see no reason why
we shouldn't name a park or a project or something after somebody who has
distinguished themselves for service in this community.
Mr. Carollo: Well, I will give you a reason, Maurice. If that's the case that
someone has distinguished themselves that much, I think that that would not
represent any kind of problems in waiting until that individual is out of
government service. If not what the people are going to be doing and rightly
so is making us the laughing stocks that we are naming everything with the exception
or may be including the johns in parks after members of the Commission or people
in the City government.
Mayor Ferre: That hasn't happened. I mean, if that were the case then there
would be a building or a park after everybody on this Commission. And the fact
is that other than Theodore Gibson that hasn't occurred in ten years. So, I mean,
the facts speak for themselves.
Mr. Carollo: Yes, but what had happened with Theodore Gibson, that was the first
time we did it, but at the time, you know, the situation was very clear that
Father Gibson was not running again and at the same time we knew how sick he was.
So, I don't think it's fair to bring that example out necessarily. But I...
Mayor Ferre: Well, ok, but how about Steve Clark, how about Melvin Reese?
Mr. Carollo: Well, I think those are good examples. They should have waited until
they were out of government service. But regardless, you know, I'm bringing a
pocket item up....
gl 67 JUH 15 03
Mayor Ferre: Well, look, I will be happy to accept the motion and then we will
see if we get a second and if there is a second we will vote on. So, I mean, you
know, we all have our... I respect you for your position on it. Now, you want
to make that in the form of a motion?
Mr. Carollo: Well, I'm throwing it out for discussion to see what the
consensus of the Commission is.
Mayor Ferre: Fine. Anybody else want to speak on this?
Mr. Carollo: If there is no general consensus...
Mayor Ferre: Anybody want to speak on this. Demetrio is there anything
you... Do you want to speak on this? No, ok. Any... Alright, do you want to
make a motion?
Mr. Carollo: I will make it in the form of a motion then.
Mayor Ferre: Alright, there is a motion on the floor. Is there a second.
Mr. Carollo: Would you inform Commissioner Perez there is a motion on the
floor so that everybody can apprised.
Mayor Ferre: Commissioner Perez, there is a request that you be on the floor
as this motion is being made. There is a motion being made by Commissioner
Carollo. Go ahead and make your motion.
Mr. Carollo: The motion is what I stated before, Commissioner Perez. I just
want to put it on record what my position is.
Mr. Perez: Yes, I agree with motion in principle, you know, but I am
completely in favor of the opportunity of'honoring any... I don't think that
we can make any kind of decision if it's an elected official or what. In
principle I agree with the motion, but I don't agree with the procedure of
how to be chosen. I think when we mentioned for example Kennedy Park, Robert
King High Building, Gibson Park, I think that's an opportunity to recognize
the effort of some persons and after the accident of Vice -Mayor Plummer I
move a motion, a pocket item that we approve by this Commission in order to
appoint a center, a project for the Police Department with the name of J. L.
Plummer.
Mayor Ferre: No, Fire Department.
Mr. Perez: No, Police Department at that time. After... what we have is a
recommendation from the Manager Office about the Police... fire unit, know,
but I propose the name of Commissioner Plummer for that purpose and I think
that would be a contradiction for myself now if I tried to deny that intention,
but I agree with the intention of Commission Carollo since that it has the
, not with the procedure, you know.
Mayor Ferre: Ok, so then I don't think you have a second.
Mr. Carollo: Well, I knew I didn't have a second. I just wanted to get
everybody's concensus down on the record, which I think I have.
Mayor Ferre: Ok.
34. REVIEW AND GRANT CONTINUE OPERATION WITH ADDITIONAL REQUIREMENTS
FOR DRIVE-IN TELLERS ROYAL TRUST BANK, 2617-19 S.W. 6 STREET.
Mr. Carollo: There was an item Mr. Mayor, 24 was it? Royal Trust Hank.
Item 24 the individual is here.
Mayor Ferre: Well, just hold on for a second let me see if... Alright, this
is a resolution which grants approval for drive-in tellers at approximately...
This is for the Royal Trust Bank. J. L., you are the one that always has
questions on these things.t9�
8 gl JUN 1
�c 9
Mr. Plummer: Yes, I... Let me tell you, I still have a further problem. Let
me tell you... You see, here is the problem Mr. Mayor and this bank and these
in particular just because I got thrown out doesn't mean thing. Alright. Now,
let me tell you where the problem is. The problem is that they are proposing ---
what is it, sir, five or six tellers and this applies to all banks. So, let
me don't address it to you. You are proposing here six drive-in tellers, is
that correct? Ok. Now, all of this stacking that you have in here is fine
assuming all six tellers are open. Now, the problem is existing when for whatever
reason you only open one booth, then the problem which is created not only at
your bank, but at others is at the stack up of traffic because only one lane is
open is backed out on the street. And that's what's creating the dangerous
situation of traffic on the street. Now, to the department. Would it be possible
that we could require, we the Commission of all people who put in drive-in tellers
that they must maintain let's say for example at least fifty percent of what
they propose. Because the... you know, the real simple problem is, I have seen
it where this or other banks only open up one lane and then that one lane the
traffic is backed out on the street and in this particular case on Southwest
6th Street all the way back to Beacon Boulevard and 6th Street is only two lanes
and it creates one hell of a traffic congestion and problem. Now, that's what
the problem is. Can we come up with a solution?
UNIDENTIFIED SPEAKER: The Royal Trust Bank would have no objection to that
fifty percent rule.
Mr. Plummer: Ok, well, I'm saying that this is the problem as it exist. Mr.
McManus?
Mr. McManus: I think Commissioner, the Commission of course, has decided to
review the drive-in tellers and of course, that is usually given under a conditional
use to which you can attach conditions.
Mr. Plummer: Alright, sir, then I would move this with the stipulation that
at all times the drive-in tellers are open at least fifty percent or three in
number must be open.
Mayor Ferre: Ok. Alright, is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Alright, is there further... is that acceptable Gene?
Mr. Eugene B. Shamps: Yes.
Mr. Plummer: Fine.
Mayor Ferre: Alright. For the record your name and address.
Mr. Eugene B. Shamps: My name is Eugene B. Shamps. I am the consulting engineers
for Royal Trust Bank, address 5805 Blue Lagoon Drive and I have with me an officer
of Royal Trust Bank, Jerry Kish.
Mayor Ferre: Your name and address for the record Ms. Kish.
Ms. Jerry Kish: Jerry Kish, 627 Southwest 27th Avenue.
Mr. Plummer: What item number was this?
Mayor Ferre: This was item...
Mr. Dawkins: 24, J. L.
Mayor Ferre: I want to say on the record Ms. Kish that your consultant here is a
nice man, but I want you to know he is not the best member of his family. He
happens to have a brother who is a priest at Corpus Cristi who happens to be one
hell of a fine man and I just wanted to...
Mr. Plummer: Now, that's some way to talk about a priest. One hell of a fine
man.
Mayor Ferre: I didn't want to say that this is not the best B. Shamps available.
He is second best. 0%. Alright, now we are ready to call the roll.
gl
jUS 15 03
40
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 83-540
A RESOLUTION TO RATIFY CONDITIONAL USE AS LISTED IN ORDINANCE 6871,
ARTICLE XII, SECTION 1(33) (f) TO PERMIT A DRIVE-IN TELLER FACILITY
ON LOTS 43 TO 48 LESS DEDICATIONS, BEACOM MANOR (8-21), BEING
APPROXIMATELY 501-599 SOUTHWEST 27TH AVENUE AND 2717-19 SOUTHWEST
6TH STREET, AS PER SITE PLAN ON FILE: SUBJECT TO CONDITIONS AND
REVIEW BY THE CITY COMMISSION: ZONED R-C (RESIDENTIAL -OFFICE).
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez
35. RESOLUTION AUTHORIZING MEMORANDUM OF COOPERATION WITH RESTAURANT
ASSOC. RE: BAYSIDE PROJECT.
Mayor Ferre: Now, we are on Item 35. Mr. Weaver, I know we said we would take
you up this afternoon when you got here and we have the question of the Restaurant
Associates. Jim, you want to start off the fireworks here and then we will hear
from Mr. Weaver?
Mr. Reid: Well, basically, Mr. Mayor, this item was before the Commission and
we may need a full Commission.
Mayor Ferre: So, we better get a full Commission here... Are you voting against it?
Mr. Plummer: Unless they convince me differently I'm voting against it.
Mayor Ferre: Well, let's start the deliberations anyway.
Mr. Reid: Basically, Mr. Mayor, on May 12th we came before the Commission with
the content of a proposed memorandum of agreement between the City and Restaurant
Associates and our objective here is to take the area labeled A-1 on the map
which is now under the control of Restaurant Associates through an exclusivity
clause and be able to in our request for proposals allow the developers of ---
potential developers of Bayside to buy out this option. And we agreed at that
time on all but two of the clauses. The two outstanding clauses and we have
come back we think with a compromise that will protect the Commission's interest
related to the personal liabilities who operate the restaurant and the right of
assignment or subletting. With respect to the former term we are suggesting that
the personal or the liability to operate the restaurant would obtain as long as
Restaurant Associates is in occupancy and this means that if they decided not to
occupy the restaurant to withdraw from occupancy. Basically, we would not go
after them for lease hold payment. We think this is not a problem. This was
important_ to the City back in 1970, 1971, 1972, 1973 when this restaurant was
being established and when Downtown with very little going on. Now, with the
Bayside development we in fact would like Restaurant Associates to provide the
City and the Bayside developers the option of tying that development into the
remainder of the development. So, having them in effect only held liable during
that period that they are in occupancy is seen to be acceptable and beneficial.
With respect to the...
gl 70 .JUN 151983
Mr. Plummer: Well, let's stop at that one point. Ok. Let's ao back and review
that one point. And Maurice Ferre is well aware as J. L. Plummer is well aware,
Commissioner Dawkins is not. I think you have to remember that Miamarina probably
was the only project that I can ever recall as long as I have sat my thirteen years
in which the City of Miami went out and completely built that facility.
Mayor Ferre: That was before my time and before your time.
Mr. Plummer: No, I was here.
Mayor Ferre: J. L., that decision was made... I came on this Commission, ok, in
August of 1967 and that decision, it was already made.
Mr. Plummer: Mr. Mayor, ok, I don't argue the point, but I think the point that
needs to be argued, because we must remember Mel Reese and the only reason that
this kind of a contract was entered into was because Mel Reese says we have got
to have not only individual liability, but corporate of liability. We have got
to protect the taxpayers who are paying since the City had never never ever
entered into a contract in which they built the entire facility and turned it
over to a private company. Now, I think it's nice to talk about a company who
is having problems and I don't think there is any question. It's pretty well
known that R.A. is having some financial problems in that location. And as far
as I'm concerned at this particular point they have a valid contract and that
contract calls for minimum guarantees to protect the City's money that was placed
into that place of business to build it originally. And in no way shape or form
am I in a position to where I would vote to let them off of the hook of which they
put themselves on. Now, all I'm saying to you is this case was unusual, it had
never existed before and I don't think this Commission should at this particular
time let anybody off the hook that went on it in this kind of a set !.ip.
Mayor Ferre: Alright, Mr. Weaver, can we get a statement from you and then I will
make a statement into the record.
. Mr. David Weaver: My name is David Weaver for the record. I am representing the
City Manager and the Chairman of the Review Committee on the Bayside project. I
think the key issue here is that because of the lease which the City has with
Restaurant Associates and the rights that Restaurant Associates have under the
terms of that lease the City finds itself in a position where it cannot develop
the Bayside project in the specific area where it feels after an extensive period
of evaluation and analysis that the project should best be located and that is
in the area described as the exclusive use area under the lease. What Mr. Reid
and I were assigned by the City Manager to do was to attempt to negotiate with
Restaurant Associates a means of either bringing them into the Bayside process
as a participant in the process or finding a means of eliminating the rights
that they had under the exclusive clauses of the lease. We feel that we had
done that in a manner which is not to the detriment of the City. We feel that
it should be understood, Mr. Vice -Mayor and I understand the position that you
are taking, that it may be to the benefit of the City to allow a stronger
individual or corporation to take over the rights and obligations of that lease.
In matter of fact we cannot proceed with the project unless we have the right
to operate in that exclusive area.
Mayor Ferre: Mr. Weaver, let me ask you a series of questions. Let me start
off by saying and I'm going to take my page from Miller Dawkins. If we pay
the City Manager close to a hundred thousand dollars to make decisions and if
we pay Jim Reid not a hundred thousand, but a lot of money and it looks like
somebody else thinks he is pretty good too beside the City of Miami to make decisions
and if we pay you a dollar a year which you I'm sure have earned many times over
to give us input and if you as a successful businessman with a proven track record
in this particular business of development have gone in and you have tried your
best and you have come out with something that you, the Chamber of Commerce, the
City Manager, the Assistant City Manager in charge of all of this are all
recommending. Now, I submit to you that look at the down side of this. The
down side is this, Bayside is in my opinion a very key decision as to what's
going to happen to the rest of our Downtown community and if Bayside goes well
you know and I... we are getting all kinds of pressure from all kinds of people
on this. it is a major decision. We now have three interested parties. I see
Mr. Garcia, who is associated with one of the firms. The Rouse Company. I
know that Federated Stores also had people around here and I know that that
third outfit--- is it... Clark what is the name of that third outfit?
Mr. Reid: Evans.
gl 71 JUN 151983
W4 Ji
Mayor Ferre: Evans. Evans. I'm sorry. Evans. Now, I don't know whether there
is a representative for Evans, but those are three heavy weight firms. Those
people are now beginning to question the sincerity of the City of Miami in moving
forward because they are thinking... They say that we are acting in a non-professional
way, that we are dragging our feet and that this is no way to run an airline. And
all I'm saying to you is if the Manager has gone and negotiated this and it has
the stamp of approval of not only staff and Mr. Reid, but also the Chamber of
Commerce and Mr. Weaver, then I think we need to.... I'm afraid J. L. and as
well intentioned and as correct as you may be about the detail of the particular
issue that you brought out and I think you have done well on that, but I think
what you are going to do is you may end up having a great operation and killing
the patient and all I'm saying is shouldn't we figure out away to have both a
good operation as best you can and also making sure the patient doesn't die.
You know, it's the same thing we were just talking about you know, the situation
with Mr. Gould. I... Anything that happens to Gould is going to look bad on the
face of Miami because when it...
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: What?
Mr. Plummer: Gould was not...
Mayor Ferre: No, Gould has got nothing to do with this. I'm just saying that...
Mr. Plummer: But he wasn't here before the Commission.
Mayor Ferre: No, no, but I'm saying anything that in anyway embarrasses the
City or creates a cross section where we can't get off the ground, you know,
we are all hurt by it. You know, we don't live in islands that are separated
one from the other and when one person is affected, we are all affected. And
what I'm saying is that this is a major project. The world is looking at Miami
on this. The development world. We have got three major contractors and we
cannot do anything that in anyway would jeopardize this. Now, I will tell you
what I think is going to happen. I think that none of this is going to come
to past. So I don't think you got anything to worry about, because I think if
Federated or Rouse or Evans is the successful contractor, let me tell you what
they are going to do. They are going to go cut their own deal. Ok, that's all
I wanted to say.
Mr. Plummer: Well, Mr. Mayor, the only thing that I would add to that with the
exception of Mr. Weaver, that same group and team that you spoke of recommended
certain things to be done in Bicentennial Park which has now been vacant for
over a year and a half. All I'm saying to you is that this City has a lot of
taxpayers money involved in the building and turning over of a facility built
by this City to private developers and until I am assured and guaranteed that
that money will be returned prior to releasing these people off of the hook
I'm not ready to move. Now, I don't make any apologies to these three so called
bidders that are concerned about how the City is doing things. They have got
their companies to run and I have got a city to run and I'm concerned about the
City as I'm sure they are about their private companies. I might say to you
that this Commission has not done that much and if you want to find fault then
let's find it with the administration. All I'm saying to you is here we have
an obligation to the taxpayers of money that was spent. As such that obligation
has got to be fulfilled one way or another.
Mr. Weaver: Mr. vice -Mayor if I may.
Mr. Plummer: Surely.
Mr. Weaver: My concern and I support your position fully that we should have
somebody being responsible for that obligation, that liability, but my concern
sir, is that we are in a chicken and egg type situation until we...
Mr. Plummer: I don't agree.
Mr. Weaver: Well, if I could be permitted to complete...
Mayor Ferre: See that's where the problem is, is that we have a disagreement
on that. But my question to you and to Mr. Reid, you as Mr. Gary's personal
representative in the negotiating team. Now, are... is Mr. Gary in full agreement
with what you are recommending?
gl (2
,SUN 151983
4t
Mr. Weaver: Yes, sir,
Mayor Ferre: You are saying that on the record^
Mr. Weaver: Yes, sir.
Mayor Ferre: Mr. Reid, since Mr. Gary is not here, is Mr. Howard Gary in full
agreement with your recommendation?
Mr. Reid: Yes, Mr. Mayor.
Mr. Plummer: Yes, and I will stipulate that Mr. Gary has expressed to me that
he is in full accord.
Mr. Dawkins: Then... well, J. L., what are you saying then that you want to
be paid for the land for the City or what are you saying.
Mr. Plummer: What I am basically saying I do not want to let the people of
R.A. individually off the hook until I am guaranteed where that money is coming
from. They got a gift. They got a gift and they only got that gift one way,
that they went on the record on the hook corporately and individually.
Mayor Ferre: J. L., my friend you are going to kill the project.
Mr. Plummer: Mr. Mayor, as Mr. Reese used to say "May be if it can't stand the
test then it shouldn't be".
Mayor Ferre: Yes. That's why when Mr. Reese was City Manager with all due respects
to him and God, you know,... and you know, I have the highest regard for the
memory of Mel Reese, but for thirteen years this City sat on its tail and didn't
progress because of Mr. Reese's hard headed manner. Ok.
Mr. Plummer: Ok. Look, I don't want to get into that discussion. Mr. Mayor,...
Mr. Reid: Mr. Mayor.
Mr. Weaver: May I make one more comment?
Mr. Plummer: Sure.
Mr. weaver: I firmly believe from the negotiations that we have entered into with
Restaurant Associates and the conversations that we have had in our official
preproposal conferences with the developers that we are going to end up with a
better corporate lessee on that document than we have today. What we have today
as you said vice -Mayor is a corporation which is in trouble, which is not doing
well...
Mr. Plummer: Excuse me, the corporation I never said that. I made it very clear
here they are having a problem. They are a very financially sound corporation
nation wide, but in this particular location it's pretty well obvious they are
having a problem.
Mayor Ferre: Well, look, you have the arquement and I'm sure this is going to
be a close vote. So, let's get on with it one way or the other.
Mr. Plummer: Well, let's understand the rest of it here now. Ok. The leasee
may be assigned or premises subleased to any designee of Restaurant Associates.
Mr. Weaver: With the right of the City to approve that not to be unreasonably
withheld.
Mayor Ferre: Of course.
Mr. Reid: On page 2 Commissioner Plummer is the revised language which was done
at your suggestion that the City Commission still be in the driver's seat.
Mayor Ferre: Look, I want to tell you from my personal observation on this. I
think that Howard Gary and the negotiation team has done an amazing job. In my
opinion I would have voted for this if the figure had been three million dollars
which is what it was originally and you got it down to two million six fifty.
Mr. Reid: It was 5.8 originally.
JUN15191"
a]
t
Mayor Ferre: And I think you have done an unbelievable job and I think that
if we don't move today the 15th day of June in my opinion you are going to
throw cold water and these developers are going to come to the conclusion that
this City can't come to an agreement. We fight too much and they are going to
get cold feet and walk away and then we are going to be embarassed.
Mr. Dawkins: I don't... I mean, I agree with you, but I don't think we are
fighting among ourselves. I don't think we are fighting, but I too... you
know, we all got individual differences and everybody here know my problem.
My problem is the ninety-nine year lease. I mean, I don't have no problem
with saying that and any time it comes up as a ninety-nine years lease I'm
voting against it, but that's just one vote.
Mr. Carollo: You know, Maurice, you know what my personal problem is and I'm
not concerned with going with a long lease because sometimes the only way
you are going to attract people to come in and invest "X" amount of dollars
is to go with a long lease. Not necessarily a ninety-nine year lease, but
usually it takes about a thirty year lease for someone to come and invest
that kind of money and build a restaurant of this sort or others. But you
know what my problem is, you know, I have seen so many times that individuals
come and this is not to try to reflect on the people that we have here before
us today, no reflection on you whatsoever, sir, but people come to build a
restaurant or what have you try to what out the best deal possible that it's
not in the City's benefit and sometimes in the past this Commission, in
particular previous Commissions have given away a heck of a lot more than
we should have and then we might have out of town people to come in for the
City or what have you and we are going to go to the restaurant. We don't
want any better treatment than anyone else is getting, but we don't want to
be treated any lesser than someone else either. And the attitude that I have
seen from some of these establishments it's just really sickening and that
upsets me, because you know, once they come up here they want the world, but
after they get the world they just spit in our faces and that bothers the
heck out of me.
Mr. Dawkins: Mr. Mayor, I move 35 with the stipulation that at a later date
I reserve the right to change my mind.
Mayor Ferre: Is there a second to the motion on 35?
Mr. Perez: I second.
Mayor Ferre: Alright, there is a second on the motion. Now, under discussion.
Let me state for the record Mr. Reid, that the importance of this and I
appreciate what Commissioner Dawkins has done and Commissoner Perez has seconded
and the statements made by Joe and J. L. I want to say that what this does
now is it allows us to proceed in an orderly fashion. If you have objections
in the future you can always express these objections as we get the developers
before us and as we get down to the final selection process and then the very
difficult process of negotiations. I mean, I'm sure this is going to come
up ten times in the future.
Mr. Weaver: May I make one further comment gentlemen?
Mayor Ferre: Well, first of all we have Commissioner Carollo who wants to make
a statement.
Mr. Carollo: Thank you, Mr. Mayor. I think the best way to try to resolve
some of these problems is to hold someone in particular responsible for each
of these corporations that any problem that arises we can call that person
direct and not have to go through twenty different people and get twenty
different stories. You know, sometimes the problem is that it's the 3.50
an hour employee that kills the goose that lays the golden egg.
Mayor Ferre: Alright, Mr. Weaver.
Mr. Weaver: If I may make one final comment. As the Mayor just stated this
process is just beginning. All we are trying to do right now is get an
obstacle out of the way. The negotiations, sir, with whoever the proposers
are will have to take into consideration the sorts of issues that you are
raising and that Vice -Mayor Plummer is talking about. What we have to do
is negotiate something with whoever the winning developer is which is going to
be acceptable to you members of the City Commission.
74 ,SUN 151983
gl
Mayor Ferre: Alright, thank you, sir.
Mr. weaver: There is one further thing that should be on the record.
Mayor Ferre: Alright, Mr. Reid.
Mr. Reid: Yes. The second thing that is part of the agreement that we
negotiated is the right to buy out... there is a total right of buy out at
2.6 million. 'There is a right to buy out of exclusivity at nine hundred
twenty thousand dollars.
Mr. Plummer: To what?
Mr. Reid: Nine hundred twenty thousand dollars, the removal of exclusivity.
Mayor Ferre: Exclusivity. In other words if Federated Stores or Evans or
Rouse want to just be able not to buy Reflections, but to buy their exclusive
right they can pay them nine hundred or whatever it is and then put up a
restaurant right next to it.
Mr. Weaver: Correct, correct, they have that option.
Mr. Reid: Mr. Mayor, if I could go on the record...
Mayor Ferre: I think that's an eminently fair.... frankly, I think you guys
have done a tremendous job of negotiating this.
Mr. Reid: If I could go on the record in terms of some of the concerns that
have been stated though. In terms of Commissioner Plummer's concern I think
it was quite appropriate in 1970 and 1973...
Mayor Ferre: Mr. Reid, we are about to vote on this, is your statement going
to add or detract from the procedure here?
Mr. Reid: Well, if you are ready to vote, Mr. Mayor, I think that... I would
just like to clarify one thing for Commissioner Dawkins, that the term of
the lease will be decided whenever the Commission votes to accept the developer.
Mayor Ferre: Further discussion?
Mr. Plummer: Well, yes, let me ask some questions here because this thing
doesn't speak just to that. What is this Mr.--- as it reads here that the
City is going to take over the responsibility of Restaurant Associates in the
area of landscaping and landscape maintenance?
Mr. Weaver: This was approved in your last Commission meeting...
Mr. Reid: This was approved on May 12th and it only relates to the exterior
of the facility. A very small area, number one. Number two, when we have
a Bayside developer in there presumably who is going to work with this development
there is going to be a proposal I'm sure that the private developer maintain
the entire facility because they want to guarantee a high level of maintenance.
Mayor Ferre: Alright, are we ready to vote now?
Mr. Plummer: Well, wait a minute, let's get all this on the record. And the
City is going to spend a hundred thousand dollars of Restaurant Associates'
lease for business interruptions. That's all part of it, right?
Mayor Ferre: No, not the City. The successful developer who gets to... they
are going to disrupt... I'm not going to go eat in Reflections while the street
is all toren up and there is dust all over the place. So, there is going to be
business disruption. They have got to be compensated for that. I think that
eminently fair and I again.... This whole memorandum is on the record. Item
35, a memorandum signed by Howard V. Gary, City Manager to the Mayor and Commission
dated June the 7th is on the record. It's part of what we are voting on. And
our resolution here is authorizing the Manager to enter into a memorandum of
cooperation with Restaurant Associates so that we can get on with the RFP.
Mr. Plummer: Ok, but I... Mr. Mayor, I'm just putting this on the record...
Mayor Ferre: The whole thing is on the record J. L.
91 75 JUN 151963
Mr. Plummer: Mr. Dawkins, I'm assuming you understand that this is proposed
not for discussion later, but for November 30, 1983. That's definitely spelled
out in this memorandum. So, the idea of discussing it later...
Mr. Dawkins: What page are you reading on?
Mr. Plummer: I'm reading on page 3, number 3. Where it spells out on or before
November 30, 1983, the City will pay Restaurant Associates eighty-five thousand
dollars and fifteen thousand on or before November 30, 1984.
Mayor Ferre: Understand, assuming we have a development. If we have Rouse...
Mr. Plummer: No, no, it doesn't say that Mr. Mayor.
Mayor Ferre: Oh, yes.
Mr. Plummer: No, it doesn't say that.
Mr. Weaver: Excuse me, may I clarify. What it says is exactly what you are
interpreting Mr. Plummer. However, the only purpose for having this in here
is we know that no developer is going to develop any place except in the
exclusive area. In other words the developer is going to develop in that area
because he will develop in the area we can put in the RFP the requirement that
he pay that hundred thousand dollars.
Mr. Reid: The developer pays the hundred thousand dollars. That's the key
point.
Mr. Plummer: It doesn't say that. Suppose you don't get out by November, because
the way you are going it was my understanding that these RFP's were already out
and they were due back in on August 15th.
Mr. Weaver: Sir, the.... We haven't...
Mr. Dawkins: If it's not important why put it in here?
Mr. Plummer: Excuse me, I was told that the RFP's were out. Am I right or wrong?
Mr. Weaver: The RFP's are out, but the clock is not ticking because we have
informed them that the clock doesn't tick until we have this modification.
Mayor Ferre: But the RFP can be out and it doesn't mean anything. The important
thing J. L., is when we get the bids from Rouse, Federated and Evans and that's
not even... see the clock is not ticking because we haven't settled on this.
The moment we settle on this the clock ticks and that's what I'm trying to get
going here. That's what Howard wants to do. Ok. So that we can have a finality
to this thing, bring all these guys in here and then we are going to argue about
whether it's a ninety-nine year lease or whatever.
Mr. Reid: commissioner Plummer, the next sentence protects the City's interest.
It says that the private developer will have to pay the hundred thousand dollars.
Mr. Plummer: If required.
Mayor Ferre: Of course, it's going to...
Mr. Dawkins: If needed.
Mr. Weaver: If needed.
Mr. Reid: If it is needed to carry out the project.
Mayor Ferre: That's our decision.
Mr. Reid: It will be... there are no...
Mr. Plummer: I think Mr. Carollo says Merry Christmas.
Mayor Ferre: No, I think what we need to say is it's time for the City of Miami
one more time to show the way towards what this City is going to be all about
and into the future. We did it with the James L. Knight Center. We have done
it with many other projects and it's time for us to say let's move ahead together.
91 '76► ,,SUN 151983
9
Mr. Weaver: May I just clarify this?
Mr. Dawkins: I agree with you, but I have to come back to what J. L. is saying
that we are saying to the developer himself whom ever he may be. if you do
not arrive at a price which you want and think is... and what you want with
Restaurant Associates you bow out and we will pay them a hundred thousand dollars.
Mr. Weaver: No, we are not saying that, sir. We are not saying that.
Mayor Ferre: No, no.
M::. Reid: You have to read the next sentence.
Mr. Dawkins: That's what it said.
Mr. Reid: No.
Mayor Ferre: Let the record clarify and stipulate that that is not what we are
saying, that we are saying at the City's choice. The City will decide and only
the City will decide.
Mr. Weaver: We are even going beyond that Mayor. We are saying that it's the
City's intention to require in the revised RFP, in the document which we will
be sending out tomorrow if you approve this. We will be sending out a requirement
that if it's necessary to spend the hundred thousand dollars to protect
Restaurant Associates for business interruption, that hundred thousand dollars
will be paid for by the developer, not by the City.
Mr. Dawkins: Ok. Where do you say that?
Mr. Weaver: It says that in the last paragraph.
Mr. Reid: The next sentence Commissioner.
■ Mr. Plummer: It says we will be paid back.
Mayor Ferre: Wait a minute, let the record reflect that what Mr. Weaver has
- just said is exactly the way it is and that's what we are voting on. Ok.
Mr. Plummer: Well, ok. Mr. Mayor, I hope that may be after this discussion,
because I think it's going to have a definite bearing, we need to talk about
the redoing of the park, because I think it's going to have a direct bearing.
These people are sitting out here with these RFP's in their hand who are looking
for that park to be redone. I think we need to have some discussion about the
fifty percent of the private people who were going to raise money, who at this
particular time have not done such and as such we might be redoing our thinking
as far as the park is concerned.
Mayor Ferre: Fine, if you want to move on the park I'm willing to kill the
park right now.
Mr. Plummer: No, I'm not willing to move it. If necessary and it should be
then I am ready to move on it.
Mayor Ferre: Kill the park Plummer. I know.... Alright, this is first and
we got to do first things first. Ok. Now, if you want to vote against this,
vote against this. And my opinion I'm telling you if you vote against this
you are going to kill this project. Now, you...
Mr. Plummer: As it stands.
Mayor Ferre: As it stands.
Mr. Plummer: Yes, Ok, I don't agree with that. I disagree with that.
Mayor Ferre: You are going to kill this project as it stands.
Mr. Plummer: Yes.
Mayor Ferre: And I think that that will be a major step backward for the City.
Now, you know, vote anyway you want and let's get this thing over with one way
or the other. And if you want to make a motion on the Ncguchi design on the
park, then you make your motion and I will accept. Alright, are we ready to
vote? Call the roll. 77 •� � N 4 5 1�ypr��7
gl % (7
N
The following resolution was introduced by Commissioner Dawkins, who moved
its adoption:
RESOLUTION NO. 83- 541
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
MEMORANDUM OF COOPERATION WITH RESTAURANT ASSOCIATES INDUSTRIES,
INC. AND RESTAURANT ASSOCIATES INDUSTRIES OF FLORIDA, INC. WITH
RESPECT TO THE GRANTING OF OPTIONS TO BE GIVEN BY SAID FIRMS
IN CONNECTION WITH THE PROPOSED BAYSIDE PROJECT, IN ACCORDANCE
WITH THE ATTACHED MEMORANDUM OF THE CITY MANAGER DATED JUNE,
7, 1983.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: Vice -Mayor J. L. Plummer, Jr.
ABSENT: None.
36. BRIEF DISCUSSION ITEMS OF MONIES PROMISED BY LOCAL DEVELOPERS FOR
USE IN BAYFRONT PARK REDEVELOPMENT.
Mr. Plummer: Can we now enter into discussion possibly as brief as you wish.
It is my understanding Mr. Reid, that the private sector who came before this
Commission making all kinds of glowing promises as to the monies that they
would raise has not been a reality. May I ask you if you may to address briefly
that subject and than ask you to follow up with a memorandum as to exactly what
has been raised. I'm not talking about committed. I'm talking about in the
bank to this date.
Mayor Ferre: Well, if you will permit me before you answer that Mr. Plummer.
I just want to put on the record that Mrs. Tina Hills as the Chairperson of that
Committee and a committee of over twenty people that represents a cross section
of this community, Latin, White, Black, male, female, business, professional,
I have never seen a committee that is working harder with more enthusiasm than
this committee. They have worked hundreds and hundreds and hundreds of hours.
They have met... just two weeks ago they met with Mr. Feldman from Pittsburg.
Mr. Feldman has agreed to donate hundreds of thousands of dollars of work on
sculptures. They have met with Marty Margoles who has committed a cash donation
of fifty thousand dollars and putting together a three hundred fifty thousand
dollar package to do the light tower. These are people that are working diligently.
I would recommend that you step very lightly on their toes.
Mr. Plummer: Mr. Mayor, I fully concur with you, but let me tell you what my
concern is and that's the trap that we find ourselves so commonly getting into.
I don't want the developers such as the three companies that are going to take
out these RFP's to go under any misconception that this City has an absolute
guarantee that we are going to see that park to it's completion. We are talking
about a park as originally proposed and as you proposed of twenty million dollars.
Alright, sir. Now, I hope to God that these hard working people can meet the
obligation and assume the obligation that they made before this Commission of the
money being raised from the private sector. But I don't want in anyway, shape or
form that one of these companies that are awarded Bayside says in the near future,
well wait a minute, we only bid on that Bayside project because we thought that
that park was going to have twenty million dollars worth of improvements. I'm
nn
gl 78 JUN 1519W
A
putting it on record that as of right now that obligation assumed by the private
sector from my understanding ---Mr. Reid, I'm asking ycu if I'm misinformed or
have heard wrong--- that the obligation as of right now is not there.
Mayor Ferre: It is not and let me further say to you that if you keep on
fooling around with this thing, you know what you are going to do. The Corps
of Engineers is going to begin on a six anc'. a half million dollar redevelopment
of the bulkhead and this is... you see Rick Zaldivar over there and you see Bill
Jgebre, you know, and they are going to wri,,:-e this, there is going to be a big
story about this. And you know what's going to happen, that the Corps of
Engineers clips these stories out and the next thing you know is they are going
to be down here questioning whether or not we are really going to go ahead with
this thing and we are going to start fooling around with six and a half million
dollars. Now, I will tell you, if you want a call from Claude Pepper I will
get you a call from Claude Pepper in thirty seconds.
Mr. Plummer: Mr. Mayor, if the call from Claude Pepper is to assure me that the
additional ten million dollars by the private sector is well and good I welcome
that call.
Mayor Ferre: No, the call from Claude Pepper is to let you know to stop fooling
around with his six and a half million dollar appropriations from the U. S. Corps...
Mr. Plummer: That is not the area of my concern. Now,...
Mayor Ferre: Well, that's what we are tampering with when we start tampering
with this procedure.
Mr. Plummer: Mr. Mayor, I'm concerned of tampering with twenty million dollars
of obligation that at this particular time I don't want to see this City faced
with the realization of having to pick up that tab.
Mayor Ferre: Mr. Reid, why don't you answer the man's question.
Mr. Plummer: I thank you, sir.
Mr. Reid: Commissioner Plummer, we will be glad to provide you with a detailed
memorandum of what the projected private commitment was to be and what the current
status is.
Mr. Plummer: Mr. Reid, I don't need the duplication. I remember what the
commitment was. How much money is in the bank?
Mr. Reid: I don't believe that there is any money in the bank. All there are
is intentions to donate money, stated intentions on the record.
Mr. Dawkins: You don't believe or you don't know.
Mr. Reid: I don't believe that a single dollar is in the bank.
Mr. Dawkins: Thank you. No, no, no, say it is or it is not, don't tell me you
believe. Either you know or you don't know.
Mr. Reid: There isn't a dollar in the bank.
Mr. Dawkins: Now, that's better.
Mr. Reid: Number one, but there are people who are talking about donating money.
Alright, and that's important. The second thing is that with respect to what
we represented to the developers. We have been very clear to the developers as
to what the current status of funding of Bayfront Park is. We are not
misrepresenting this funding to the developers. So, if any of them come to you
and say that we can clearly say that that's not the case in terms of the
Mr. Plummer: I would hope Mr. Reid, that RFP to the proposed developers of Bayside
it would clearly state that the City is under no obligation to in fact redo
Bayfront Park. That's all I'm saying. I don't want them to come back later and
say ok, our out is we didn't do well and we didn't do well ?iecause the City was
going to spend twenty million dollars and they didn't spend it. So, now we want
out. I would ask for a detailed report at a later time.
Mayor Ferre: Are there any problems? Can we move along now?
gl 79 JUN 151983
37. MOTION CONCERNING PROPOSED AGREE[ENT WITH RALPH SANCHEZ" FOR
PURCHASE OF GRX,1D PR.IX EQUIPMENT; IPTSTRUCTION TO CITY MANAGER
RE: PLAM4ING OF CONTRACT AND STATE;dENT '�'.ADE TO MR. SANCHEZ TO
OTHER MUNICIPALITIES I.J GIVING PREFER.ENCIAL TREATMENT.
Mayor Ferre: While we are on the subject.of cutting up people and projects,
I want to put on the record since we are now going on to other things that in
page 3B of the Miami Herald Mr. Ralph Sanchez said and I'm quoting from the
paper "After hearing Sanchez promise that a final contract with the...
Mr. Plummer: Announce that that was him appearing before Metro.
Mayor Ferre: This is before the Metro Commission?
Mr. Plummer: Yes, that he appeared yesterday.
Mayor Ferre: That the final contract with the County would "Be far better" than
the one he has with the City of Miami for the Grand Prix. The members of the
Culture and Recreation Committee told Sanchez that their request would come before
the full Commission by July 5th. Now, members of the Commission and Mr. Reid,
I like Ralph Sanchez, he is a great fellow. I'm thrilled with what he has done
for this community, but if he thinks he can get a half a million dollars from
this here city as Ernie Fannatto would say and if he thinks he can get a half
a million dollars from this here city and then go over to Metropolitan Dade
County with impunity a week later and say that he is going to give the County
a much better deal than he gave the City and he is talking about fifty percent
of the franchise, then he has got another thing coming to him. And I would like
to make a motion right now in this here City Commmission that we go on record
instructing the Manager not to sign any document or conclude any deal until
Mr. Sanchez comes back here and explains to us in writing or in person what he
means by giving the County a much better deal, number one. Number two, that
Mr. Sanchez,... that an additional clause be put into the contract with Mr.
Sanchez with regards to the five hundred thousand dollar purchase of the barricades
and the bridges that that not be concluded until an additional clause be added
to Mr. Sanchez's original contract which says that if he deals with any other
municipality or government within two hundred miles of Miami and he makes any
other contract with them that in anyway gives them preferential treatment other
than the treatment in the exact documentation given to the City of Miami. Then
that Mr. Sanchez has one of two choices either he doesn't get the money or he
amends his contract to give us equal consideration to what he concedes to
some other governmental entity. Now, I can't say that we are going to hold him
responsible for doing that in Daytona or Tampa or some other place, but certainly
within the immediate vicinity of the Miami area. I think he should treat us
equally to anybody else and he shouldn't be going out to Metro and saying that
he is going to give them a much better deal than he gave the City of Miami.
Mr. Plummer: There is a motion, is there a second? Is there a second.
Mr. Carollo: Second.
Mr. Plummer: Seconded by Commissioner Carollo. Is there discussion? Mr. Dawkins.
Mr. Dawkins: I too would like to voice my total disgust at Mr. Sanchez, if such
a thing did happen. Hell yes I have to make it strong it had no damn business
happening. You know, I mean, either you are committed... I mean, what are you
doing. You don't come here to me and do these sort of things and then go back.
So, I don't want it in writing. I want him here.
Mr. Plummer: Further discussion, call the roll.
80 JUN 151983
The following motion was introduced by Commissioner Ferre, who moved its
adoption:
MOTION NO. 83-542
A MOTION OF THE CITY COMMISSION GOING ON RECORD AND INSTRUCTING THE CITY
MANAGER NOT TO SIGN ANY DOCUMENT OR CONCLUDE ANY DETAILS UNTIL MR. SANCHEZ
COMES BACK BEFORE THE CITY COMMISSION TO EXPLAIN TO THE COMMISSION WHAT HE
MEANT SEEN HE SAID THAT HE WAS GOING TO GIVE THE COUNTY "A BETTER DEAL
THAN THE ONE HE HAD GIVEN THE CITY OF MIAMI"; AND FURTHER INSTRUCTING THE
CITY ATTORNEY TO INSERT AN ADDITIONAL CLAUSE IN THE PROPOSED CONTRACT WITH
MR. SANCHEZ IN REGARDS TO THE $500,000 PURCHASE OF BARRIERS, BLEACHERS,
AND OTHER MATERIALS TO BE USED IN THE "GRAPD PRIX" EVENT; FURTHER INSTRUCT-
ING THE CITY MANAGER NOT TO CONCLUDE THE EXECUTION OF THIS CONTRACT UNTIL
AN ADDITIONAL CLAUSE IS INSERTED IN MR. SANCHEZ'S CONTRACT STATING THAT IF
HE DEALS WITH ANY OTHER MUNCIPALITY OR GOVERNMENT AGENCY WITHIN 200 MILES
OF THE CITY OF MIAMI AND HE MAKES ANY OTHER CONTRACT WITH THEM THAT IN ANY
WAY GIVES THEM PREFERENTIAL TREATMENT OTHER THAN THE EXACT TREATMENT GIVEN
TO THE CITY OF MIAMI IN THE CITED CONTRACT, THEN, MR. SANCHEZ HAS ONE OF
TWO CHOICES:
a) THAT THE CONTRACT FOR THE PURCHASE OF THE BARRIERS AND OTHER EQUIPMENT
NOT BE EXECUTED; OR
b) THAT HIS ORIGINAL CONTRACT WITH THE CITY OF MIAMI FOR THE "GP" PRIX"
RACE BE AMENDED TO INCLUDE ANY CONSIDERATION OR PREFERENTIAL TREATMENT
HE HAS GIVEN TO ANY OTHER MUNICIPALITY.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
38. DISCUSSION ITEM: PHASE II OF METRORAIL AND ITS FUTURE CORRIDORS.
Mayor Ferre: Alright, now the next item we have before us also deals with
the Downtown People Mover going to Omni or Brickell, but we also have a
problem besides that. Yes, I know we have a commitment with you at 4:00
O'clock. But we also have a problem J. L., with the Rapid Transit and Jack
Luft... Is Jack Luft still around? Alright, go ahead Jack.
Mr. Luft: We are... we the County, the cities of Dade County are going through
a process of deciding where phase II of Metrorail should go. This process is
going to be a quick one and it's going to presumably conclude in July. Basically
the County is telling the citizens of this community we have got a choice.
Should we go North, Northeast, toward North Miami Beach or should we go West
toward the airport and there are some other corridors down South to Cutler
Ridge and up 27th Avenue into the beach and we only have one choice and take
your pick. The Planning Department is saying simply to this Commission that
our concern is that we do not feel that it's valid to conclude that there must
be a choice between the Northeast corridor and the West corridor, that in fact
they are not two corridors and in fact what we should be talking about is one
phase II alignment that goes from the Northeast through the Downtown to the
West connecting the employment centers and the hotels of the Northeast corridor
with the airport to the West. We do not feel it is in the City's best interest
or in the best interest of the people of Dade County to divide this issue in
one area one against itself. So, we are asking for your consideration on this
$ JUH 91 5 t983
14 t
matter and with that deliberation and expression to the County as to what your
will would be.
Mayor Ferre: Well, what is your recommendation that the City do and I assume
that he is speaking for the City Manager and the administration, Mr. Reid?
And if he is not please let me know. I mean, if this is Jack Luft's opinion
on his own I want to know, you know, whether this is the administration's
position. But why don't you tell us now. What is it you want us to do?
Mr. Luft: What I would like this Commission to do is to present to the
County at the Technical Committee meetings coming up in the end of this
month and next month. The position that the County should be studying a
corridor that consists of a line to the Northeast and to the West, one line
going those two directions through the Downtown and that we should be studying
that corridor with an idea toward then applying to the Federal Government
for funding for a phase II system that would consider both of those routes
and not one or the other.
Mayor Ferre: Alright, Mr. Reid, is that the administration's position?
Mr. Reid: Yes, we are very much in support of that Mr. Mayor, because what
the County has done is saying either build the Western leg or the Northern
leg or leg it from the airport to Miami Beach and so forth, but they are not
considering a corridor coming in from the West and going up to the North and
that consideration of that corridor is most beneficial to the City and we
want that to happen.
Mr. Dawkins: Ok. Mr. Luft, I appreciate what you said and Mr. Reid, I appreciate
what you said. I'm also a little disturbed at the County. Now, they only have
the Rapid Transit because of the Black vote and now here we go again pussy
footing around and the Black community and also the lower Latin community is
being overlooked. You know, if they were really sincere they will stop and
say we have fouled up one time. We didn't give the Black people any of the
construction money. We almost cut them out of the stations, look like
somebody would tell these people that the total community has to be served
and if you are going to serve the total community come up with a plan that
will not divide us and have us fighting amoung ourselves, because if the Latins
do not get anything coming through Hialeah it's doomed, if the Black people
do not get something coming out through there it's doomed. If the Northeast
home owners do not see any benefit it's doomed. So, now those people within
the County who are supposed to be paid as professional planners they know
this and I suggest that somebody on this Commission inform them that if they
don't get their act together and put this in as we have said as a complete
route, because the next thing you know... Black people are already saying
that the next leg is West Palm Beach to Miami, straight out the FEC railroad
so that those individuals in West Palm Beach who have money can commute
between Miami and West Palm Beach. So, now when you start talking in terms
of a Northern leg all you are doing is adding fuel to what the people of my
community is saying. So, somebody please pass this on two them.
Mr. Reid: We agree with you Commissioner Dawkins. We have also suggested
to them that they have hearings at the Little Havana Community Center and
at Edison School because there are no hearings on these routes suggested for
the City of Miami.
Mr. Dawkins: And since this is for discussion only let's don't discuss it
anymore until you come back and tell me something about what you said to them
and they said back to us.
Mayor Ferre: Ok, what do you want to do Miller?
Mr. Dawkins: I told them to go back and discuss it... this is discussion
only, go back and discuss it with the County and bring me something about...
Mr. Reid: Commissioner Dawkins, there are two issues. one issue is the
Rapid Transit Phase II which we have suggested it ought to be considered in
terms of longer corridors.
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39. APPROVE FL'NDI2IG PROPOSAL FOR IMPLE:ENTATION OF FULL DOWNTOWN PEOPLE
MOVER SYSTEM.
Mr. Reid: The issue before you and in terms of Item #36 is the support for the funding
of the Downtown People Mover. We think it's very important to deal with that today.
Mr. Dawkins: I am in favor of the Downtown People Mover, but I am not in
favor of no second phase of no Rapid Transit unless...
Mayor Ferre: Keep it separate.
Mr. Reid: We understand that Commissioner.
Mayor Ferre: Alright, do you want to make a motion on the People Mover?
Are we ready to move on that? On Item 36, which is the...
Mr. Dawkins: Who is going to do the People Mover?
Mr. Plummer: Well, there is nothing to move it's just a discussion.
Mayor Ferre: No, he wants a resolution. Don't you?
Mr. Dawkins: No.
Mr. Plummer: No, no, he is talking about Rapid Transit.
Mayor Ferre: No, no, no, you are talking about... you are confusing things
now. We are talking about the People Mover going to Omni and going down to
Brickell Avenue. Is that right?
Mr. Reid: Commissioner Plummer and you, Mayor were on a Downtown People
Mover Policy Committee.
Mayor Ferre: That's right. The Policy Committee and this Commission later
agreed to go after funds for the loop and the legs. We have the funds for
the loop. Now, we are seeking the funds for the People Mover legs going up
to Omni and down to Brickell. This Policy Committee met again in April and
endorsed the idea of going after these federal funds now.
Mayor Ferre: And met again Saturday, a week ago.
Mr. Reid: Pardon me.
Mayor Ferre: Met again Saturday, a week ago.
Mr. Reid: That's right.
Mayor Ferre: And you want us--- for the City to go on record supporting them
so that we can ask for the money for the second phase of it.
Mr. Reid: That's correct.
Mayor Ferre: That's like motherhood.
Mr. Reid: To get the money from the Federal Government they have to have the
assurance that the local match is going to be there. And what we are seeking
is a resolution assuring that our portion, the City's portion of the local
match will be available to match these federal funds.
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JUN 15 t983
It
Mayor Ferre: You got a problem with that?
Mr. Dawkins: And this is coming from the Florida Power and Light Franchise
fund?
Mr. Reid: That's correct Commissioner, from the Florida Power and Light
Franchise.
Mr. Dawkins: You damn right. Yes, I got a problem with it.
Mayor Ferre: What?
Mr. Dawkins: Yes, I got a problem with it.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Dawkins: Every time look that's all we... every time I look up it's
from the Florida Power... when is it going to run dry?
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Mr. Dawkins: No. Go ahead, I'm voting "no". You all go ahead, call it.
Mayor Ferre: Do you need three votes or will two votes satisfy you.
Mr. Plummer: According to Pedrosa two is a majority.
Mayor Ferre: Is that right? No, you need three votes. Come on Miller.
Mr. Plummer: You got two out of three. That's all you need right?
Mayor Ferre: No, no, I'm not going to pull... I'm sure there is more important
things...
Mr. Reid: We are talking about here a hundred fifty million dollars of
federal funds and...
Mr. Dawkins: Every time I come and you start... and I look at the People
Mover and I don't see no Black contractors and then I look at that and I
don't see no Black contractors and then you come back with another part of
the Rapid Transit and no Black contractors, then you tell me, Miller, if
you don't vote for it we are going to lose it all. So, dammit lose it all.
Mayor Ferre: Alright, let's... Joe are you ready to vote on 36 so we can
on to 187
Mr. Carollo: Yes.
Ms. Jane Theede: I hate to throw a wrench in this...
Mayor Ferre: No, please don't, Dr. Theede.
Ms. Theede: You got a station on 9th Street on Brickell Avenue. Now, you ---
pardon my vulgarity- but you are going to screw up Brickell Avenue if you put
a transit station on Brickell Avenue. Now, this is just gross. Now, if you
were to put a People Mover up to Omni, you know, I will give to you, but we
don't need a People Mover on Brickell. You are going to destroy the whole
ambience of the whole neighborhood.
Mr. Reid: Let me clarify that the Brickell Mover leg of the People Mover is
not on Brickell Avenue, it is on Brickell Place and it does not interfere with
the aesthetics of Brickell Avenue.
Ms. Theede: How are we going to get it over the River? We have already got
one bridge over the River. We need an automobile bridge over Brickell and we
haven't gotten that.
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Ms. Theede: I have been trying to get a tunnel under that River for ten years
and I have been told by the Corps of E�,..Tineers it's too expensive.
Mayor Ferre: Alright, are we ready to v-,)te? Alright, move by... Plummer are
you going to move this? g� .! UN 15 A9Q3
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Mr. Carollo: I move it.
Mayor Ferre: Alright, Plummer are you going to second it?
Mr. Plummer: Yes. (AT THIS POINT COMMISSIONER PLUMMER READS THE PROPOSED
RESOLUTION INTO THE RECORD).
Mayor Ferre: Alright, it's been moved by Carollo, seconded by Plummer, further
discussion? You want to say something?
Mr. Albert Castillo: My suggestion is that nobody has mentioned this. Who
is going to pay like monorail if it goes wrong or there is a defect or something
like that? Are we going to get the bill?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Castillo: Who is going to pay for it? Are we going to get stuck with it?
Mayor Ferre: Alright, further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 83-543
A RESOLUTION APPROVING THE ATTACHED FUNDING PROPOSAL DATED
JUNE 7, 1983 FOR IMPLEMENTING THE FULL DOWNTOWN PEOPLE MOVER
SYSTEM WITH FUNDS FROM THE FLORIDA POWER AND LIGHT FRANCHISE
TAX IN AN AMOUNT NOT TO EXCEED 10.56 MILLION DOLLARS AS THE
CITY'S FUNDING SHARE.
(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 Joe Carollo
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
FIRST READING ORD: CHANGE ZONING CLASSIFICATION 2724-26-34 S. W.
7 ST FROM R-2 TO C-2.
Mayor Ferre: Alright, now we are going to do Dr. Pedron and then we are going
to do the Zoning Board appointments. Ok. Alright, let's go. Alright, let's
hear from the administration first and then we will hear from Dr. Pedron.
Mr. McManus: Mr. Mayor and members of the Commission, these are companion
Items 9 and 10. 9 would be an amendment to 6871 and 10 would be an amendment
to 9500. The proposal is to rezone the property from R-2 to C-2 in this area
the Planning Department is opposed to it because of the impact on traffic.
Southwest 7th Street for example is not planned to be widen in this area
and a commercial building would generate substantial traffic in the area
which is presently designed for low density residential. There would be an
impact on the infra structure, supporting systems, principally the sewers cannot
take the changes that a commercial building could potentially bring into the
area. There is an impact on use. The area is currently zoned R-2, duplex,
low density. Construction of a C-2 building would entail such uses as offices,
bars, laundries, contractors offices, gas stations, restaurants, auto agencies.
The floor area ratio is 2.0 in the C-2 district with no height limit. There
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would be an impact on aesthetics. Change of zoning to C-2 with potential impact
on the area would be completely out of scale with the neighborhood to the West
which is one and two family dwelling. And of course, there would be an impact
on the zoning change. Further zoning would most likely be entertained Westerly
along 7th Street. Or else it would be a grant of a special privilege to this
applicant. Further pointing out that the subject site does have the benefit
of transitional use for office development and a multiple family use for one
hundred feet of the hundred fifty feet. Thank you.
Mayor Ferre: Alright, Mike.
Mr. Mike Anderson: Just very briefly I want to remind you that the sixteen,
seventeen and eighteen are used for the parking of Royal Trust Bank. So that
we are surrounded by non-residential uses on three sides. There have been
four public hearings on this item. We have never had any opposition from the
neighborhood. Lot 5, although it's never shown on here is zoned... the South
Forty Theatre is zoned for commercial use. It's zoned C-4. And I want to
point out that two of the major arterials in this city are 27th Avenue and
8th Street and if you are going to expand any area into commercial zoning,
I think it should be a major, major arterial like that, but we have on lots
eight and nine offering of covenant that we will construct no more than ten
apartments above parking and that the floor area ratio would be not more than
.6 which is the lowest density.
Mr. Carollo: Mike?
Mr. Anderson: I just want to...
Mr. Carollo: Mike, excuse me. we have gone over some of the other stuff.
What I'm more interested in right now is to find out and that's the reason
I deferred, find out what's going to happen with the other lot.
Mr. Anderson: Ok. Dr. Pedron is here. I want to just show... if I could
just show you one other thing and I would like to pass this around. This
is the lot that was rezoned forty feet and this is the way it looks... They
are using it for parking right up to 7th Street. This is the way it looks
today.
Mayor Ferre: Ok.
Mr. Eduardo Arbajon: Mr. Mayor and members of the Commission, my name is
Eduardo Arbajon and to satisfy the question of Commissioner Carollo, who
wants to know what are the plans for this particular property. My partner
and I are the owners of lot ten and some other lots in the area. Lot ten
has enjoyed a variance for parking for many years every since seventy-six.
At the present time if I have to be candid with the Commission we were
approached by our neighbors who asked us whether we would mind to join them
in the petition because they want to have parking also to -protect their
business and I said by all means, because to me if there is a change in the
neighborhood, justified zoning change, this is it because that area is fully
commercial. And as far as I'm concerned for the foreseeable future, we will
use lot ten for parking, because it's the only use we can give to it for the
future. I cannot, of course, commit mvself.
Mr. Carollo: Ok, my... I have two questions. One is which property besides
lot ten... Do you own the restaurant in the front or the store on the corner
or any of that property?
Mr. Arbajon: No, no, our neighbors own the corner, the grocery store and
the restaurant. We own the furniture store all the way... well, lots...
Mr. Carollo: Ok, you own the furniture store on the corner of 8th Street and
27th Avenue.
Mr. Arbajon: Yes, we own lots thirteen, fourteen, fifteen, sixteen and then
eighteen and nineteen.
Mr. Carollo: Ok, in other words the blue area...no, not the blue area.
Mr. Plummer: No, part of the blue area.
Mr. Arbajon: Yes, the blue area except for lot seventeen, which belongs to
them. pc
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Mr. Carollo: Well, you own the blue area that's on Sth Street, but not the
one on 27th Avenue?
Mr. Arbajon: No, no, on 27th I told you the corner...
Mr. Carollo: The right corner. This corner.
Mr. Arbajon: Yes, the North corner.
Mr. Carollo: Yes, the store that's on the corner of 7th Street and 27th,
you don't own that?
Mr. Arbajon: No, that's the grocery.
Mr. Carollo: No other restaurant just
Mr. Arbajon: Yes.
Mr. Carollo: You don't own that.
8th Street and 27th Avenue.
Mr. Arbajon: No, no.
What you own is the shopping center on
Mr. Carollo: Rather the furniture store.
Mr. Arbajon: The furniture store.
Mr. Carollo: The furniture store. Fine, now the question that I have is
this and we want to approve this I agree and I stated at the l:r.st time that
it's a change that will be positive and constructive for the neighborhood,
but what we are trying to do is include some safeguards. Now, your neighbors
were going to include a covenant through their attorney as to the future use
of those two lots and what I asked Mr. Anderson that represents them is
would you be willing to give a covenant similar to the one they gave as to
the future use of that lot, lot #10.
Mr. Arbajon: Well, I can tell you that when I requested an architect to
prepare some drawings to see what could be built over there what he prepared
showed lot ten as the access for a parking floor. So, the only possible use
for that property is a ramp for access to parking. There is no other possibility.
Mr. Carollo: Mike, let me ask you this. The covenant again, that you were
going to present for lots eight and nine, can you briefly state it on the
record again? For eight and nine.
Mr. Anderson: Yes. It's a covenant which limits the property... the only
two uses are parking and apartments. And that the...
Mr. Carollo: Parking and apartments?
Mr. Anderson: Parking and apartments.
Mr. Carollo: What was the limit on the apartments?
Mr. Anderson: And the limit on the apartment is a maximum--- this is for eight
and nine total--- of ten dwelling units and...
Mr. Carollo: Ten units.
Mr. Anderson: Ten total and a .6 floor area ratio which is the lowest density
apartment, that's the R-3 zone.
Mr. Carollo: Ok, so, if the... All three lots are the same size, correct?
Mr. Anderson: Yes. The problem with building on that lot ten is it's a
fifty foot lot and it's really a difficult...
Mr. Carollo: Well, the others are fifty foot lots also, correct?
Mr. Anderson: Yes, but they are currently under one ownership. So, therefore
it's easier to build, but fifty feet isn't,.. You know, you could built five
units. It's just that....
805
jug 151904
14
Mr. Carollo: Right, so my... I guess what I would like for the owner of lot ten
to volunteer, Mike, is a covenant similar to the one you have for your other two
clients that he would limit that to parking or if he would build on that in the
future it would be limited to half of the units in the other two lots. In other
words, the other two lots you are limited to ten units, that you will limit this
lot to no more than five units together with parking.
Mr. Arbajon: No, I have no objection to that, because as I told you in the
foreseeable future that's going to be used for parking. It doesn't seem to...
Mayor Ferre: But you have to get a covenant... Who owns lot ten?
Mr. Arbajon: We do.
Mr. Carollo: He does.
Mayor Ferre: Ok.
Mr. Carollo: So, do you understand Mike, that we are going to approve this
subject to having a covenant for lots eight and nine .',a you described in the
record that maximun ten units and for parking and for lot ten subject to having
a covenant also for lot ten that that would be used only for parking or
apartments of a maximum of five apartments. Is that alright? You understand
that? That that would give you ample opportunity to use if for parking or
if in the future if you built you could still build enough, but at the same
time we are protecting the neighborhood.
Mayor Ferre: Now, let me understand this. You are voluntarily proffering this,
Mr. Pajon?
Mr. Carollo: Yes, he is voluntarily doing it.
Mr. Arbajon: No, I am offering that as a solution to the...
Mayor Ferre: Alright. But in other words you are doing this voluntarily.
You are voluntarily proffering this? Is that correct?
Mr. Arbajon: Yes.
Mayor Ferre: Into the record, sir, are you voluntarily proffering this?
That's my question I'm asking.
Mr. Arbajon: Yes, I already said that I was agreeable to...
Mayor Ferre: No, no, no.
Mr. Arbajon: Well, I'm proposing to the Commission then.
Mayor Ferre: You are losing my vote and the vote of the members of this
Commission. You have to voluntarily proffer this. I'm not... We are not
imposing this on you. Are you voluntarily proffering this is what the question...
Mr. Arbajon: I am voluntarily proffering this covenant.
Mr. Plummer: And for the record, sir, you fully understand what you are
doing?
Mr. Arbajon: Of course.
Mr. Plummer: You are binding this lot for now and forever for parking.
Mr. Carollo: Or for apartments...
Mr. Clark: Fifteen years.
Mr. Plummer: I'm sorry, for fifteen years.
Mr. Arbajon: Fifteen years.
Mr. Plummer: Am I correct? For fifteen years, sir, that will be a parking lot.
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,JUN 151983
A
Mr. Carollo: If this is what you included in the other one that's sufficient.
Ar. Arbajon: Well, no, I understand that.there is a possibility of building
residences also.
Mr. Carollo: Yes, apartments, up to five. Up to five. Either parking or
apartments up to five units maximum.
Mr. Plummer: Then let me ask this question.
Mr. Carollo: J. L., look, they want it for parking.
Mr. Plummer: I understand, Joe .
Mr. Carollo: But we are securing it for at least fifteen years if the whole
area changes ownership that they are not going to build a huge skyscraper
and that all they are going to build are going to be apartments. Maximum five.
Mr. Clark: The covenant calls for ten.
Mr. Plummer: Let me tell you where my concern is coming...
Mr. Carollo: Bob, eight and nine calls for ten because they are two lots, but
lot #10, which is one only calls for five.
Mr. Plummer: Let me tell you where my concern, Joe. My concern comes that
if the day on ten that this gentleman who owns it wants to build apartments
where is the parking for all of those stores which is presently on ten? That's
my concern.
Mr. Carollo: But see...
Mr. Plummer: See presently...
Mr. Carollo: I know what you are saying, but that's really not fair to, you
know, go into that now because we could ask that of now. Right now
lot ten is, you know, zoned duplex. They could build two units. So, where is
the, you know, the parking for those same stores. The same parking they have
had before. So, you know... At least by voting for this I think we are going
to be solving the problem and I think these people are sincere in truly wanting
parking there. But since we are not mind readers and we don't have a crystal
ball in case they do sell in the future, at least we guarantee it for enough
of a long period of time that the maximum amount of units could be built are
ten and five.
Mr. Arbajon: Commissioner, if the property is built the way it is now there
is no other way but to use lot ten for parking.
Mr. Plummer: Sir, the only thing on the record that I am trying to do is to
make sure you understand fully what you are doing, sir, because I think there
is a grey area right now. I want to tell you right now I'm going to vote for
this, sir, on the first reading. I strongly suggest between now and the second
reading that you get yourself a good attorney and you sit down and you understand
exactly what you are committing yourself for. That's my only concern.
Mr. Arbajon: Mr. Plummer, I am an attorney.
Mr. Plummer: Sir, an attorney who has himself for a client has a damn fool.
Now, I'm an undertaker, but I don't intend to bury myself.
Mr. Carollo: I make a motion that we approve Item 9 subject to having covenants
to the effect of what we have discussed here on Item--- rather on lots eight
and nine, a covenant that would limit that for the next fifteen years. That's
what you are volunteering, right Mike, fifteen years. Mr. Anderson, fifteen
years is what you are volunteering?
Mr. Anderson: Yes.
Mr. Carollo: Ok. A covenant too that it would limit the construction or the
use of the lots to parking and a maximum of ten apartments for the next fifteen
years if they are able to build there in lots eight and nine and to parking and
the maximum use of five apartments in lot ten with a floor area ratio in lots
eight and nine of what Mike?
89 SUN � 5198�
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Mr. Anderson: It's 0.6
Mr. Carollo: 0.6. Ok. That's my motion.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Is there further discussion? Yes, sir.
Mr. Plummer: Mr. Mayor, just for the record I am voting in favor of the motion
on first readincr. I will reserve my right after reading the confidence to
have an open mind on the second reading and possibly, if necessary change my
mind.
Mr. Carollo: Mike, can you make sure he understands about the covenant and
it's taken care of?
Mr. Sergio Rodriguez: For the record, my name is Sergio Rodriguez, Planning
Director. I want to make you aware of two points. One, that if you were
to grant this you will be increasing the density from a possible four
dwelling units total to a maximum of fifteen. The second point...
Mr. Carollo: For a what? A maximum of how many units totalled?
Mr. Rodriguez: For fifteen, because you mentioned ten on two lots...
Mr. Carollo: Yes. Fifteen from what did you say?
' Mr. Rodriguez: From four.
Mr. Carollo: No, from six, because all three lots are zoned duplex.
Mr. Rodriguez: Well, except that he mentioned on #10 he was going to have
a parking.
Mr. Carollo: Well, they both are saying they are going to have parking on
all those lots there, but the maximum amount of units that they could build
now is six and we are bringing it to fifteen. If that's what they decide to
do in the future, but I'm sure they are going to use it for parking, because
that's exactly what they need in that area.
Mr. Rodriguez: Ok. The second point that I would like to make, sir, is that
under the new zoning ordinance this will be a transitional area and they
might not need the zoning change at all because the transitional uses will
be allowed up to a hundred feet from the adjacent commercial. So, I want to
make you aware because may be before the second reading we can bring this
back to you and mention all the implication that this might have that will
be closer to the implementation of the new zoning ordinance.
Mr. Plummer: Very definitely. You at all times have the right to come back
before this Commission and bring out anything you want.
Mr. Rodriguez: I know, but I want to make you aware now before you vote.
Mayor Ferre: Alright, sir.
Mr. Aurelio Luis Castillo: My name is Aurelio Luis Castillo. I live at 2386
Southwest 5th street. I would like to ask the developer if they have studied
the traffic and there is also a fire station and a rescue area, the ambulances.
I don't want another Brickell on 27th Avenue because the traffic will not handle
it. That traffic already is jammed up as it is. What are you going to do?
You got 8th Street on one side. You got 7th Beacom. Is this building going
to handle the traffic that there is in that area? If a fire station or an
ambulance has to go through that area. You are talking about lives now.
Mr. Anderson: The Dade County Traffic and Transportation Department has
reviewed this application and found no negative impact and that was when we
did not limited to just simply a fifteen unit max building. So, that was when
we had asked for a C-4 zoning which could have obviously handled that. And
what concerns the board was that we were going to have a big tower there
just like there is across the street. So, we are trying to take away the
idea that we are going to have a tower. We are putting a covenant on this
.JUN 151983
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which would limit the uses to only fifteen units.
Mr. Castillo: Is this building also going to be like the 1980 zoning laws,
high density? Is this going to be in that law?
Mr. Anderson: Well, as I said this is the lowest density of apartments that
there is in the City. That's what we are equating it to and I don't think
that actually there is going to be a five unit building built on lot ten.
Mr. Castillo: Ok.
Mayor Ferre: Thank you, Mr. Castillo. Alright, are we ready to vote now?
Mr. Perez-Lugones: Just as a matter of clarifying the record Dade County
Transportation when we requested that they study the area and so forth they
said that they wouldn't do it.
Mr. Plummer: They said what?
Mr. Perez-Lugones: They would not do it.
Mr. Plummer: They would not do what?
Mr. Perez-Lugones: Study traffic impact on the area.
Mr. Pierce: They did not review this application.
Mr. Plummer: Why didn't they.
Mr. Perez-Lugones: In so far as the traffic impact they said that they would
not review this request.
Mr. Dawkins: Mr. Anderson again, please. Do you or do you not have a statement
or a certificate from whom ever saying that they did a traffic impact study
and it would have no negative impact?
Mr. Anderson% No, what happen was I read the recommendation and it said no
comment which I felt meant that they had no objection to it. Dade County
Traffic and Transportation is the Traffic Transportation Department for not
only the unincorporated area, but for the incorporated area and for as long
as I can remember they have reviewed every application that's come before the
board. So, it's the first time that I have heard that they didn't review it.
Mr. Dawkins: But, Mr. Anderson, you misrepresented the truth or you bent
the truth.
Mr. Anderson: I meant the truth. It said no comment and I presumed that that
meant that they had no application.
Mr. Dawkins: But you did not come up here and tell me that you read it and
it said no comment. You said that this department had said that this project
would have no negative impact on traffic. Now, that's what you said.
Mr. Anderson: That's right, because that's the way I interpreted the no
comment. I mean, I'm sorry if I--- that it turned out that way. I have been
seeing these in recommendations for years and I didn't mean to...
Mayor Ferre: Are we ready to vote now gentlemen? Call the roll, sir.
Mr. Ongie: It's an ordinance, Mr. City Attorney.
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91 5 t983
JUN 1
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF THE
SOUTH 40 FEET OF LOTS 8, 9, AND 10, BLOCK 2, HARDING
HEIGHTS (6-138) ALSO DESCRIBED AS THE BACK PORTION
OF APPROXIMATELY 2724-26-34 SOUTHWEST 7TH STREET,
FROM R-2 (TWO FAMILY DWELLING) TO C-2 (COMMUNITY
COMMERCIAL) AND BY MAKING ALL THE NECESSARY CHANGES
IN THE ZONING DISTRICT MAP MADE A PART OF SAID
ORDINANCE NO. 6871, BY REF'SRENCE AND DESCRIPTION
IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING
ALL ORDINANCES OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo, and seconded by Commissioner
Perez and passed on its first reading by title by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
ON ROLL CALL:
Mr. Plummer: For the reasons of reservation, I vote yes, reserving the
right on second vote.
Mr. Dawkins: I vote yes and I also want the gentlemen to get me something
from the Traffic Department on this.
41. FIRST READING ORDINANCE: CHA14GE ZONING CLASSIFICATION 2724-26-34
S.W. 7 STREET FROM RG-1/3 TO CR-3/7.
Mayor Ferre: Ten is a companion to nine.
Mr. Plummer: Ten is not the same thing. Ten is under ordinance 9500.
Mayor Ferre: So we know we can't vote on ten, right?
Mr. Plummer: No.
Mayor Ferre: In other words, we have done it.
Mr. Aurelio Perez-Lugones: You did not do number ten.
Mr. Plummer: There is nothing to do on ten.
Mr. Perez-Lugones: It is a companion for the 9500 on this application.
Mayor Ferre: Where were you when we asked the question?
Mr. Perez-Lugones: I'm sorry, I was talking to Commissioner Dawkins.
Mayor Ferre: We need to do ten?
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Mr. Perez-Lugones: Yes, sir.
Mayor Ferre: Is there a motion on ten?
Mr. Perez: Move.
Mr. Carollo: Move.
Mayor Ferre: It has been moved and seconded. With the same reservations,
Mr. Anderson, into the record, your client is proffering... go ahead and
say it.
Mr. Mike Anderson: Yes, my client is proffering the covenant voluntarily.
and it says so in the covenants, made freely and voluntarily. Both of them
will be the same.
Mayor Ferre: It will be the same as in item 9?
Mr. Anderson: Eight, nine, and for ten and for the previous item.
Mayor Ferre: No, I'm talking about —we just voted for....
Mr. Anderson: For item 10, yes.
Mayor Ferre: Is there further discussion?
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF
THE SOUTH 40 FEET OF LOTS 8, 9, AND 10, BLOCK 2,
HARDING HEIGHTS (6-138), ALSO DESCRIBED AS THE
BACK PORTION OF APPROXIMATELY 2724-26-34 SOUTH-
WEST 7TH STREET FROM RG-1/3 [GENERAL RESIDENTIAL
(ONE AND TWO FAMILY)] TO CR-3/7 [COMMERCIAL
RESIDENTIAL (GENERALLY)], AND BY MAKING THE
NECESSARY CHANGES IN THE ZONING ATLAS MADE A
PART OF SAID ORDINANCE NO. 9500, BY REFERENCE
AND DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; BY REPEALING ALL ORDINANCES, CODE
SECTIONS, OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo, and seconded by Commissioner
Perez and passed on its first reading by title by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
ON ROLL CALL:
Mr. Plummer: With the same reservations, I vote yes.
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42. BRIEF DISCUSSION A;D DEFERRAL TO JULY 18TH OF REMAINING APPOINT-
MENT TO CITY OF MIAPII ZONING BOARD.
Mayor Ferre: We are now on item 18, which is the appointments to the
Zoning Board. Are we ready to vote now on the Zoning Board appointments?
Mr. Plummer: Does anybody know how to spell Sabines?
Mayor Ferre: Z-A....
Mr. Carollo: Can I ask for the record who are the different members that
are being discussed that are present here today? Out of the three that we
are reviewing, Mr. Cruz, Mr. Freixas, and Mr. Bucelo, can we have it in the
record how many of them are here today?
Mayor Ferre: I know that I have seen Armando J. Bucelo all day here. He
has been here steadily sitting in the front row staring at each one of us,
or some of us at different times of the day.
Mr. Carollo: This is what surprises me. If people want to be in a board
so much, especially in a board as important as the Zoning Board, you would
hope that they would at least give the Commission the courtesy of being
here when they are going to be considered. But I guess everybody else has
the opinion to think differently.
Mr. Perez: Mr. Mayor, the candidate that I voted for in the last Commission
meeting is out of the country. After I read some story in the media in
the last ten days, last week, I would like to clarify some legal aspect
of that issue. I would like to have the opportunity to meet with this
person and with his attorney in order to clarify some legal question.
Personally I would like to propose to defer this item to the next Commission
meeting.
Mayor Ferre: What you are saying is that Cruz is out of the country.
Mr. Perez: He is in Spain.
Mayor Ferre: And you want the courtesy of talking over the legal aspects
that have come up in the press.
Mr. Perez: About an information that appeared in the media last week.
Mr. Carollo: Of the stuff that has come up in the media, I don't see any
new legal question that has arisen that we were not aware of before. I
just feel that if Mr. Cruz is that interested in this position, he should
have been in Miami, not in Spain. Maybe we have put up his name to be a
part of the Sister City Program with Spain now.
Mayor Ferre: I understand that, but I mean, you cannot deny the man the
right to be out of the country. I mean, if he has pending business or
something. I don't know how long he has been gone, but he was here on
the 9th. He was here on Thursday the 9th of June.
Mr. Perez: Would it be possible to place to the next regular Commission
meeting the Zoning....
Mayor Ferre: I have no problem with that, but I mean, that is something
that the Commission....
Mr. Carollo: I'm ready to vote on that today. If there was something
that was new and different that would have come out on the background
of any of these individuals, I would say fine. But there is nothing different
except that we had two editorials that are clear.
JUN 151W
Mr. Perez: Yes, I found some different, some new information that I was
not familiar...I would like to have a clarification.
Mayor Ferre: You are going to have to vote on this. Plummer, don't go
because you are going to have to vote on it.
Mr. Plummer: I'm going to Spain.
Mr. Carollo: Demetrio, maybe you guys could run it to him across the border
when you go to France and discuss it.
Mayor Ferre: I think in the past several members of this Commission 3resent
have requested deferrals at different times on similar issues for different
reasons.
Mr. Carollo: Yes, Maurice, but it's been in cases that have come up the
first time, but not something that has been coming up again and again and
again. Let me get it in the record. It's come up before this Commission
December 16th, February 24th, March 24th, April 28th, May 12th, May 31st,
and now today.
Mr. Perez: We already made two of the three appointments that we have. I
think that is the first time that I request this courtesy. In the past....
Mayor Ferre: You can override me, but the Chair is going to rule that I
am going to honor the request of this Commissioner on this particular item.
This is the first time that he has ever asked for that. I think he is
entitled to that request. That doesn't mean anything other than...I think
if he did this every single meeting, I think there would be a difference.
This is the first time that Commissioner Perez has made that request.
Mr. Carollo: What I am going to ask is the following. If any of these
people that want to be considered, that they be present here next time
we consider this item.
Mayor Ferre: That's fine.
Mr. Carollo: If not, let's not consider them.
Mayor Ferre: I mean he is entitled to one. I'm going to say on the record
that next time around, Miller can ask for a deferral, but as far as I am
concerned, Demetrio cannot because you can ask for -this thing to be deferred
once. I think that is fair. He's never asked for that in the past. That's
what he wants. That's fine with me. I'll do whatever the majority wants
to do here.
Mr. Dawkins: I accept the rule of the Chair. I'm glad you cleared up
what you said. I thought you were only going to accept that from him
just this one time. But I think that any time a member of this Commission
is not clear and wants a deferral, I think we have a right as a fraternity
to....
Mayor Ferre: Miller, that I remember, I think only once have we not done
that. I think that once was probably the first time that I have seen
that done in ten years. But I am willing to go with whatever the majority
wants to do.
Mr. Carollo: Can we get on the record again the reason for deferral, so
it can be clear?
Mr. Perez: That I want to clarify some legal information about a personal
background of something that appeared in the media in the last few days.
Mr. Carollo: Personal background -information of Mr. Cruz?
Mr. Perez: Yes, there is some question that I want to clarify with Mr.
Cruz and his attorney.
Mayor Ferre: Further discussion on this item? If not, it is deferred until
the first meeting, the very next meeting, which is the 18th of July.
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Mr. Robert Clark: Would you schedule a time for that too, Mr. Mayor?
:iayor Ferre: Can we do it first thing in the morning?
Mr. Clark: It's up to you. I just want to make sure that the....
Mayor Ferre: Well, I'm asking so that we don't keep people sitting around
all day. I think that is not fair to the people who are interested in this.
First thing in the morning, all right? I don't want to have anybody having
a heart attack in the meantime.
Mr. Plummer: Mr. Bucelo, will you hold this for me until the next meeting
and bring it back, please?
43. EMERGENCY ORDINANCE: ESTABLISH A SPECIAL REVENUE FUND ENTITLED
"CITY OF MIAMI CO'1WE14TION BUREAU PROMOTIONAL ACTIVITIES."
Mayor Ferre: We are now on item 37, which is establishing a revenue fund
entitled City of Miami Convention Bureau of Promotional Activities for
implementation in fiscal year 82-83.
Mr. Cesar Odio: Mr. Mayor, this is receiving funds from the hospitality
industry for us to promote the City as a convention destination. We, with
these monies, will entertain. We will create what we call a Miami Blitz
and bring in the meeting planners into cocktail parties and so forth in
the city where they have their home headquarters and try to convince them
to come to Miami on conventions. This money is being donated to the City
for this purpose since we don't have that amount of money in the budget
of the convention bureau.
Mr. Plummer: How much are you talking about?
Mr. Odio: $20,000.
Mr. Plummer: Let me tell you something, Mr. Mayor and my colleagues, I
think that we have to pass this and it is unfortunate that we have to
pass this simply because this Commission, I hope, will remember in budget
that if we are going to have a successful convention, we must have monies
for promotion. We do not have presently have the monies for promotion
that is needed to make them competitive. I just hope and pray that when
budget comes forth, that we are going to allocate sufficient amount of
monies to make this convention center competitive. The only way you
can do that is to provide the money for promotion. I want to tell you
what we presently have combined with the donations from Dade County, is
not adequate. I will move this motion today and I want to tell you I
will be fighting very strongly at budget time to make sure adequate
provisions are made to make us competitive.
Mayor Ferre: Is there a second to the motion?
Mr. Perez: Second.
Mayor Ferre: Further discussion on item 37, which is an emergency ordinance.
We need four votes. Read the ordinance. Call the roll.
s1 96
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AN ORDINANCE ENTITLED
AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL
REVENUE FUND ENTITLED "CITY OF MIAMI CONVENTION
BUREAU PROMOTIONAL ACTIVITIES" FOR IMPLEMENTATION
IN FISCAL YEAR 1982-83 FOR THE PURPOSE OF PROVIDING
FUNDING IN THE AMOUNT OF $20,000 TO PAY FOR EXPENSES
AND OTHER RELATED COSTS ASSOCIATED WITH SELLING THE
CITY OF MIAMI TO PROSPECTIVE MEETING PLANNERS AS A
PRESENT AND FUTURE CONVENTION SITE, WITH REVENUES
THEREFORE AVAILABLE FROM INDIVIDUAL AREA HOTELS,
RESTAURANTS, TRANSPORTATION LINES, TOURIST ATTRACTIONS,
AND OTHER RELATED BUSINESSES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Perez for adoption as an emergency measure and dispensing with the of reading same on
requirement of reading same on two separate days, which was agreed to by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
Absent: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Perez, adopted said Ordinance by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
Absent: None.
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9647
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. EMERGENCY ORDINANCE: AMEND CHAPTER 62 ARTICLE VI, ZONING FEES,
SECTION 62-61, SCHEDULE OF FEES OF THE CODE OF THE CITY OF I4IA11I
TO PROVIDE NEW FEE SCHEDULES.
Mayor Ferre: Take up item 38. Mr. Manager.
Mr. Sergio Rodriguez: In relation to item 38, the Planning Department
recommends that City Code Chapter 62, Zoning and Planning, be amended
to provide for a new schedule of fees for special permits, variances,
and other petitions in the new zoning ordinance 9500 and also for appeal
fees. This recommendation reflects the administrative cost and the existing
fees which are on 6871. Any questions?
Mayor Ferre: No, but we need a motion on it.
Mr. Robert Clark: And four votes, Mayor.
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Mayor Ferre: And we need four votes.
Mr. Rodriguez: This is an emergency ordinance.
Mayor Ferre: Who will move this? Mr. Perez moves. Miller, are you all
right on this? Mr. Dawkins seconds. Is there further discussion? Plummer?
Read the ordinance. Call th,. roll, please.
AN ORDINANCE ENTITLED
AN EMERGENCY ORDINANCE AMENDING THE CODE OF THE
CITY OF MIAMI, AS AMENDED, BY AMENDING SECTIONS
62-35 ENTITLED "POWERS AND DUTIES GENERALLY,"
62-55 ENTITLED "SAME -TYPES," 62-61 ENTITLED
"SCHEDULE OF FEES" AND 62-62 ENTITLED "REQUEST
FOR REVIEW," OF CHAPTER 62 ENTITLED "ZONING AND
PLANNING," BY DELETING THE TERM "CONDITIONAL USE"
AND SUBSTITUTING IN LIEU THEREOF, THE TERM
"SPECIAL EXCEPTION," BY CHANGING THE ZONING FEE
SCHEDULE, AND PROVIDING FOR APPEAL FEES; BY
REPEALING ALL ORDINANCES, CODE SECTIONS, OR
PARTS THEREOF IN CONFLICT; AND CONTAINING A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Perez and seconded by Commissioner
Dawkins for adoption as an emergency measure and dispensing with the require-
ment of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Whereupon the Commission on motion of Commissioner Perez and seconded by
Commissioner Dawkins , adopted said Ordinance by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9648
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission
and to the public.
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45. THIRD AND FINAL READING OF ORD. AMENDING THE CODE OF THE CITY OF
MIANI, FLA. ADDING SUBSECTION 8 TO SECTION 2-135 "SAME DUTIES,
GUIDES, AND STANDARDS, ADMINISTRATIVE REVIEW, OFF-STREET PARKING
LOTS, GARAGES, RELATED LANDSCAPING, ETC."
Mayor Ferre: Take up itme 39, which is amending the Code on new subsection
8, section 2-135, same duties provided for the City of Miami guides and
standards to be incorporated with the administrative review of parking
lots, garages and related landscaping and landscaping generally for the
City in conjuction with the zoning ordinance. Mr. Rodriguez?
Mr. Rodriguez: We recommend approval.
Mayor Ferre: Of course, it's your application. Any questions? This is
on final reading.
Mr. Rodriguez: Do you want me to go a little bit into it?
Mayor Ferre: I don't think so. We've done it.
Mr. Plummer: Who moved it on the first reading? What does this mean,
final reading? I have only heard of first and second.
Mr. Robert Clark: There was a question with respect to the notice
requirement in connection with the second reading. This is a final
reading to make sure that the reading does have the proper notice requirements.
Mr. Ralph Ongie: Mr. Plummer, we need a mover and a seconder.
Mr. Plummer: Talk to the Mayor.
Mayor Ferre: Are we ready to move this? Is there a motion?
Mr. Plummer: On 39? Yes.
Mayor Ferre: Plummer moves. Dawkins seconds. Further discussion?
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
MIAMI, FLORIDA, BY ADDING A NEW SUBSECTION 8
TO SECTION 2-135, "SAME -DUTIES," PROVIDING
FOR THE FORMULATION OF CITY OF MIAMI GUIDES
AND STANDARDS, ATTACHED HERETO AS EXHIBITS
"A", "B", AND "C" RESPECTIVELY, AND INCORPO-
RATED HEREIN BY REFERENCE, FOR THE ADMINIS-
TRATIVE REVIEW OF OFFSTREET PARKING LOTS,
GARAGES AND RELATED LANDSCAPING AND LAND-
SCAPING GENERALLY THROUGHOUT THE CITY IN
CONFUNCTION WITH THE ZONING ORDINANCE, AND
BAY/RIVERWALKS IN CONJUNCTION WITH THE ZONING
ORDINANCE AND/OR SECTION 3 (4) (b) OF THE CITY
CHARTER; PROVIDING FOR ADMINISTRATION AND
RECORDATION; REPEALING ALL ORDINANCES, CODE
SECTIONS OR PARTS THEREOF IN CONFLICT; AND
CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of February 24, 1983,
it was taken up for its second reading by title at the meeting of April 28, 1983,
and was taken up for its final reading and adoption. Oa motion of Commissioner
Plummer, seconded by Commissioner Dawkins, the ordinance was thereupon given
its third and final reading by title and passed and adopted by the following
vote:
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AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9612
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. BRIEF DISCUSSION: REQUEST OF FUNDING BY BUENA VISTA ECONOMIC
DEVELOPMENT TO BE DISCUSSED JULY STH.
Mr. Dawkins: Mr. Mayor, we told this gentleman last time when he got here
that we would hear him. Could we hear him?
Mayor Ferre: Absolutely! Yes, sir. '
Mr. Dawkins: What item, sir?
Unidentified Speaker: We don't have an item.
Mayor Ferre: If you remember, there was a request for $57,000 for the
Edison Little River and this is it, a letter written by Mr. Woodard Vaught.
Mr. Vaught, why don't you give us a real quick run-down.
Mr. Woodard Vaught: Mayor Ferre, members of the Commission, the Edison
Buena Vista area is one of those areas in the City of Miami that is in
dire need for economic development. There are other areas in the City
that have asked for similar funds. So, we, in the Edison Buena Vista area,
no less, we would like to do the same as in other areas, come up with some
economic development in the area to try to put people to work and to better
the businesses in the area -the economic development. This area is in dire
need. So this is why we come before you requesting this amount of money.
Mayor Ferre: Mr. Acting Manager, can we get an answer to this?
Mr. Jim Reid: The Administration was instructed by the Commission to meet
with two groups in Buena Vista.
Mr. Vaught: There were three.
Mr. Reid: And come back... I'm familiar with two groups that came up in
the agenda on May 12th to meet with two groups in Buena Vista and come back
with a report by June 15th.
- Mayor Ferre: See, what happened '-s he misunderstood and thought that the
next Commission meeting meant this one.
Mr. Jim Reid: As you recall, there is a group that was defunded there. They are
trying to get refunded. There is also Mr. Foxworth's group trying to serve the
same area. We were to come in with a recommendation in terms of funding for that
area. I am not aware that any recommendations have been made to the Commission.
Mayor Ferre: Well, these people have come and they have been here all afternoon
and we promised we would give them an answer.
Mr. Dawkins: Was this submitted to the'Administration?
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Mr. Vaught: Commissioner Dawkins, it was. For the past year we have been
working with the Manager, the assistants to iron out the problems of the
previous board of this corporation. Since last May 25th, we have cleared
up all those problems. As of last month when we were here, we were told,
informed that there was no money for economic development; but to come to
the Commission.
Mr. Dawkins: Who told you that there was no money in economic development
but to come to us?
Mr. Vaught: Charlotte Gallogly, the director.
Mr. Reid: Mr. Commissioner, my suggestion here is that this needs to have
a recommendation from the Manager and there should be a report from the
head of Economic Development, Ms. Gallogly. I believe that is item 1
rescheduled and dealt with on July 18th with a report from the Administration,
a definitive report on whether this group or any other groups ought to be
funded in Edison Buena Vista area.
Mr. Dawkins: I think it should be brought back on the 8th.
Mr. Vaught: May I ask one question? The meetings were held. Has she
made her recommendation to the Manager?
Mr. Reid: The Manager has not approved recommendations or else the Commission
would have them before them. I am answering your question, sir. Commissioner
Dawkins, I think the idea that it be moved to the 8th is a good one.
Mr. Dawkins: O.K., I don't know what happened. But if you will give us
time to work this out and you come back on the 8th....
Mr. Vaught: You mean the 18th?
Mr. Dawkins: No, sir, the 8th.
Mr. Vaught: July 8th.
Mr. Dawkins: We are not waiting until the 18th. Then we will have the
Administration —will have gotten in touch with us and we will know what
is what and can give you an answer, sir.
Mr. Carollo: I want to say this for the record. These people have a good
program for their neighborhood, a real good program. They have been doing
everything that the Administration, the Commission has asked of them. Last
time they were here it was said they would be placed in the agenda today.
They were not placed in the agenda, but they were still here like they
were told to be. I don't know how the rest of the Commission feels, but
I, for one, want to see their program to be one of the ones that are
going to be funded from the monies allocated to Edison Buena Vista. I
hope, Mr. Assistant City Manager, that you take what I have stated into
consideration and if there is any other member of the Commission that
would like to express their feelings, feel free to do so.
Mayor Ferre: What you stated was in support?
Mr. Carollo: I certainly am supportive of them, Mr. Mayor.
Mayor Ferre: So am I.
Mr. Carollo: I think they should be funded. Stop giving them this run
around. They are doing everything that was requested of them.
Mayor Ferre: For the record, you have two votes.
INDAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Vaught: Thank you, we will do that. You say the 8th, we'll come
back on the 8th.
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47. FIRST READING ORD: AME,M SUBSECTION I OF SECTION 62-55 ENTITLED
"PUBLIC 140TICE - TYPES" OF CHAPTER 62 OF ZONI,IG Ai1D PLANNING OF
THE CITY OF MIAMI.
Mayor Ferre: We are now on item 40, which is on first reading and amends
subsection 1 of section 62-55, Public Notice -Types, of chapter 62. All
right, Mr. Reid, this deals with newspaper publication requirements and
so on.
Mr. Carollo: Excuse me, before you do start on the requirements, I'm
glad this is up because it reminded me of something else. We have been
placing, I have brought this up before, and I thought that the Manager
understood. He said he did. But I'm still seeing that apparently he
didn't. We have been placing time and time again ads in Replica newspaper.
I am making it as clear as I possibly can, if I have to bring it to a vote
I will do that. I do not want to see any City's monies going into a
newspaper like Replica, whose stand has been a very ultra -left wing
stand. I has taken a very pro -Castro position on many occasions in the
past. I think it is an insult to the entire community, particularly the
Hispanic community of this City, and even more particularly to the Cuban
community of this City, for this City to place ads in a newspaper such as
this, especially if half the time what they are doing is taking pop shots
which are not true whatsoever against this City and the positive things
that we are doing. Mr. Mayor, do we need to form a motion or ... we have
two of our members out now.
Mayor Ferre: You need three votes to do it.
Mr. Plummer: I'm sorry I didn't hear the motion.
Mayor Ferre: The motion is not to advertise in Replica.
Mr. Plummer: I understand, if anything, and I don't understand that I am
very much in favor of what you say. I understand that personally, as a
personal matter, he has been ripping me up and ripping me down, so you know,
it would probably be a pleasure. I think what we have to address, somewhere
along the line is what in fact is the policy of this Commission. We have
and voted upon...Mr. Carollo offered the motion, I think about two years
ago, that there is a policty that exists in reference to advertisement by
the City of Miami....
Mr. Carollo: Of the weekly papers.
Mr. Plummer: I think the whole policy ... all I am saying to you is that I
think that we have to establish a policy and then it either makes it or
breaks it. Is there any reason, Mr. Carollo, why you included this particular
one or the motion?
Mr. Carollo: I did not. See, the problem was, J.L., that when I made
the motion, we included certain newspapers. Then Demetrio said that we
should include any newspaper that should have over 10,000. Then when we
finally agreed that it would come before the Manager, and the Manager
would bring it for final approval to the Commission; but it never got that
far. They started issuing advertisements at random. Replica is one of
the papers that has been getting it steadily. I don't even think they
are rotating with them; they are getting it steady. So what I am saying
is that if this Commission wants to go on record as giving advertising
to a newspaper that all they do every time they have a chance is praise
Fidel Castro, that's fine. But I am not going to go on record doing that.
Well, we don't give them advertising anymore. I'm talking about Replica.
Mayor Ferre: How do you want to handle that? I'm ready to vote.
Mr. Carollo: I make a motion that this Commission goes on record, that the
City Manager instructs every single department that we immediately stop
placing any type of City advertisements on Replica newspaper or magazine.
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Mayor Ferre: I think what Plummer is saying, Joe, and the question is that
we have to do it in a form... you can't....
Mr. Plummer: You can't be discriminatory.
Mayor Ferre: Yes, I think you have a problem legally.
Mr. Carollo: That is not being descriminatory. If Mr. Max Lesnick wants
to take the legal portion of it, I suggest he goes to court. Let me say
this for the record, that when somebody goes to court for any legal action,
the people that are bringing that legal action to have the first crack and
bringing them in for testimony....
Mayor Ferre: See, the point is this. You are singling out a newspaper....
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Excuse me, I'm sorry, no, it is not a pocket item. It is
number 40, right Joe?
Mayor Ferre: It comes out of that.
Mr. Carollo: It comes out of that.
Mayor Ferre: The question is should we do this by formalizing it somehow
and without specially singling out a particular newspaper. I dont' know
how you can do that. But, I mean, I think if we can find a way of doing
that without naming a newspaper, I think you are better off legally. The
problem with that, Plummer, is that what are you going to say? No newspapers
that are pro -Castro or leftist leaning newspapers?
Mr. Carollo: Mr. Mayor, let me say this. There is no law that says that
we have to give advertisement to any particular newspaper. If that were
the case, then the next thing you know you would be having the Daily Worker
coming in here asking for advertisements.
Mayor Ferre: Joe, I am in agreement with the principle of what you are
trying to do. My problem is, see, remember in the case of the Miami Herald,
there was a specific motion that no City advertisement be placed in any
newspaper that advertised massage parlors. Remember? No, it wasn't massage
parlors.
Mr. Carollo: That was a Freudian slip, Mr. Mayor.
Mayor Ferre: No, no, because as you remember, for a long while the Miami
Herald did take ads and advertised massage parlors, which were open houses
of prostitution, many of them -I'm not saying all, but many of them. And
the Herald took their money and advertised all the time. I don't think
they do that anymore, as I recall. I think they have gotten away from
that. But for years and years they did that. They didn't have any
problems about advertising massage parlors. So I wasn't too far off.
I think what it was is you made a motion about any newspaper that took
advertising from firms that were doing business with Cuba. That's the
way, I think, that it was done.
Mr. Carollo: It was quite different from that, Mr. Mayor. We were very
precise.
Mayor Ferre: Tell me what it was because I don't remember.
Mr. Carollo: It was in that line of thought, but we specifically named
that newspaper, period.
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Mr. Dawkins: Also, I can remember sitting here when I first got here, there
was animosity against certain newspapers. We said that we would not take
ads in any newspapers if it did not have a circulation of so and so and so,
knowing which ones we were eliminating. So this is nothing new we are doing.
Mayor Ferre: All right, make your motion. The motion is that the City of
Miami Commission instruct the Administration not to advertise in the newspaper
or the magazine Replica.
Mr. Carollo: That is right, beginning immediately.
Mayor Ferre: Is there a second? Is there a second? For the purposes of
voting, I'll second the motion, but you better get Demetrio in here if
you are going to have a vote on it. So, will you hold back on that until
we have a full Commission and I'll recognize you again.
Mr. Carollo: The minute Demetrio comes back, we'll take it up.
Mayor Ferre: We are now on item 40. Item 40 comes out of a similar situation.
This makes it legal. What it does is it crosses out"the largest"from the
section one, subsection A, which says "a daily newspaper of general circulation
in the City." That allows us to advertise in the Miami News and not in the
Miami Herald, specifically. Does anybody want to speak to this? Is there
a motion?
Mr. Carollo: There is a motion.
Mayor Ferre: Is there a second?
Mr. Carollo: In other words, the newspapers we are going to be using then
will be the Miami News or some of the other daily newspapers that we have
been using.
Mr. Aurelio Perez-Lugones: It will be the Miami News.
Mr. Carollo: What are some of the others that we have been using as of now?
Mr. Perez-Lugones: By Code, we are directed to... that section that you have
in front of you, also a paper of legal connotation, which is only one, the
Miami Review.
Mr. Plummer: But that is a daily paper.
Mr. Perez-Lugones: That is a daily paper. But I am talking about the others,
because Commissioner Carollo asked what were the others.
Mr. Carollo: We had also been using one of the Diarios and -El Mundo.
Mr. Perez-Lugones: No, we have been using Diario in the sense that there
is also a provision for a paper of particular interest.
Mr. Carollo: Let me ask, Mr. Mayor, because I know that we have been using
several other newspapers and I am just trying to clarify it. We were using
the Miami News. We were using Diario and El Mundo. We were using the Miami
Times. Is that correct?
Mayor Ferre: No.
Mr. Perez-Lugones: No, we are using the Miami News, the Miami Review, and
Diario.
Mr. Carollo: So what you are saying by that is that we are going to eliminate
the others with the exception of the Miami News.
Mr. Perez-Lugones: That is what we have used for the last probably 30 years.
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Mr. Jim Reid: Commissioner, we are not talking about our general advertising
policy. What we are talking about is specifically zoning. We are simply
attempting here to make the Code consistent with City policy. The City
policy is we not use the Miami Herald. This makes the Code consistent with
our policy.
Mayor Ferre: We use the Miami News, the Miami Review, and Diario las Americas.
That has nothing to do with matters that we advertise because Z see ads in the
Miami Times every week.
Mr. Perez-Lugones: But I have specific guidelines in the City Code that other
departments don't have.
Mr. Reid: The remainder of our advertising, Mr. Mayor, follows the policy
set by this Commission in terms of the eligible papers, the rotation, and
so forth.
Mr. Carollo: In other words, it is going to follow the guidelines of the
Commission and what we have passed before and what is eligible.
Mr. Reid: Yes, zoning is spelled out in the Code. This simply clarifies
in the Code ... makes the Code consistent with the City policy with respect
to the Miami Herald. The remainder of our advertising follows the general
policy of the Commission with respect to rotation and the newspapers that
you have asked us to fit the criteria that you have established.
Mayor Ferre: We do not have a quorum, and therefore, this Commission is
no longer functioning legally until we get a quorum. So we will have to wait
until we get a quorum. O.K., we got a quorum, go ahead. Make your motion,
Carollo, on item 40.
Mr. Carollo: Mr. Mayor, on item 40, I'll make a motion of approval, with
the condition that we follow the all the guidelines that the Commission
has included in the past.
Mayor Ferre: There is a motion on the ordinance. Is there a second?
Mr. Plummer: I'll second it for discussion.
Mayor Ferre: Go ahead.
Mr. Plummer: My understanding of what this ordinance is actually, in fact,
doing is reverting from taking out of the Code the wording of "largest daily
circulation."
Mayor Ferre: Just two words, "the largest."
Mr. Perez-Lugones: Only takes one word, "the largest."
Mr. Plummer: O.K., the largest, which then gives us more of a free range.
It doesn't preclude that we could the largest. But it doesn't make it
mandated. Is that correct?
Mr. Perez-Lugones: That's correct.
Mr. Plummer: I second the motion.
Mayor Ferre: Further discussion? Read the ordinance, please.
105
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ON
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SUBSECTION (1) OF SECTION 62-55,
ENTITLED "PUBLIC NOTICE -TYPES", OF CHAPTER 62, ENTITLED
"ZONING AND PLANNING", OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY MODIFYING THE REQUIREMENTS OF
NEWSPAPER PUBLICATION OF TYPES OF PUBLIC NOTICE UNDER
SUCH CHAPTER; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo, and seconded by Commissioner
Kummer and passed on its first reading by title by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner 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: Agenda item "I" was deferred to November loth.
------------------------------------------------------------------------
48. A MOTION INSTRUCTING THAT APPROPRIATE Tf•.ANK YOU BE SENT TO
GOVERNMENT OFFICIALS IN NASSAU, THE BAHAMAS CONCERNING THE
RECENT VISIT OF CITY OFFICIALS.
Mr. Plummer: Mr. Mayor, I would like to go on record and make a motion
that the appropriate thank you be sent to the people who were kind enough
in Nassau to meet with our delegation, namely the ambassador who just went
completely overboard to accomodate us, to the governor general, to the
Prime Minister Pindling, and to the minister of equal... Alfred Maycock,
his development in economic, and to the tourist people there. I would
hope, Mr. Mayor....
Mayor Ferre: Are any of them relatives?
Mr. Plummer: No, none of them are relatives that I know of. But I would
hope that could be prepared and we can send them the appropriate thank you.
I would offer that in the form of a motion.
Mayor Ferre: Moved, and seconded by Miller Dawkins. Further discussion?
I think we can cast a unanimous vote on that. Right? Will you call the
roll anyway?
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The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 83-544
A MOTION DIRECTING THE CITY MANAGER TO SEND THE
APPROPRIATE THANK YOU AND APPRECIATION NOTIFICATION
TO ALL THE OFFICIALS IN NASSAU, BAHAMAS, FOR THEIR
HOSPITALITY TO THE MEMBERS OF THE CITY OF MIAMI
COMMISSION DURING A RECENT TRADE MISSION VISIT.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
------------------------------------------------------------------------
NOTE FOR THE RECORD: Agenda item "II" was deferred and will be discussed
on July 18th.
------------------------------------------------------------------------
49. BRIEF DISCUSSION AND DEFERRAL: AGENDA ITEM "III" CONCERNING
GARBAGE AND TRASH WASTE FEES.
Mayor Ferre: We are on item number III, which is an ordinance on first
reading on garbage and trash. This deals with waste fees to constitute
special assessment liens against all imprnved real property, Mr. Acting
City Manager.
Mr. Plummer: What does this purport to do?
Mr. Randolph Rosencrantz: If you recall some time ago, the City Commission
passed an ordinance, which permitted the City to place a liens on a person's
property for failure to pay their solid waste fee. When that ordinance was
drafted there was a period of time that was omitted in the ordinance
for which certain individuals did owe money to the City and the purpose
of this particular ordinance is to close that particular time period. The
time period we are particularly talking about begins March 1, 1980 until
January 1, 1981; when the original ordinance was drafted, for some reason
that time period was not included, and it should have been included.
Mayor Ferre: O.K., are we ready to move on this?on first reading? Is
there a motion? Are there questions?
Mr. Plummer: I move that it be deferred.
Mayor Ferre: There is a motion for deferral.
Mr. Dawkins: Second.
Mayor Ferre: There is a second. Call the roll.
107
JUN 151983
THEREUPON MOTION DULY MADE AND SECONDED ITEM III WAS DEFERRED.
Mr. Plummer. When this item comes back, Mr. City Manager, I would like
a justification by the department or by the :administration for the
purposes of understanding, which I don't presently, how the City of
Miami can impose a garbage fee on a vacant house.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
50. ESTABLISH SEPTEMBER 8, 1983 PUBLIC HEARING FOR A DEVELOPMENT ORDER
LINCOLN MASHER PROJECT DEVELOPMENT OF REGIONAL I1IPACT.
Mr. Robert Traurig: Mr. Mayor, on your supplemental agenda, there was
item number Roman numeral V, which says "deleted" or something of that
nature. Could we hear that item? It was merely to establish a hearing
date for the Lincoln/Hasher D.R.I. and pursuant to State law, that hearing
date is supposed to be established at this meeting of the City Commission.
Mayor Ferre: September 8, 1983.
Mr. Traurig: That's the date that we would like to have the hearing. But
the date has to be set by this Commission.
Mayor Ferre: Is there any reason why we....
Mr. Reid: No, Mr. Mayor, we would recommend that we establish the date
as September the 8th.
Mr. Plummer: But you withdrew it.
Mr. Reid: It was withdrawn because there was no opportunity to consult
with the Manager or myself on Friday.
Commissioner Plummer: Have we seen this thing?
Mr. Reid: Commissioner Plummer, all this simply does is set the hearing date.
The answer is no.
Mr. Plummer: That is not the point. I don't know, for example, maybe I
don't know that I want a public hearing. If the thing is so bad, maybe
I don't think that a public hearing is in order.
Mr. Reid: This is a process mandated under State law. The clock doesn't
start ... you cannot have a public hearing until we set the date 60 days
in advance. So this simply allows the project to be brought before you
for action.
Mayor Ferre: We have to do it by law. We have to give them a crack at
it. The State law mandates it.
Mr. Reid: The law mandates advertisement 60 days in advance before the
project can be discussed. This is simply a procedural step.
Mr. Dawkins: It has to be advertised for 60 days before I can even get
it as a Commissioner?
Mr. Reid: For 60 days before it is available. This is State law, Commissioner.
Mr. Dawkins: So I can't even see it until you advertise it. I'm asking.
Mr. Reid: That is correct, Commissioner.
1:
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Mr. Dawkins: So if I vote no, I'll never see it.
Mr. Reid: That is correct. If you vote no, you'll never see it. You
also would....
Mr. Dawkins: I would just be voting no, period, that's all. There may be
some people angry with me next time when I run. That's all, no problem.
Mayor Ferre: Is there a motion or not a motion?
Mr. Plummer: Look, hey, let me tell you exactly how I feel. I don't know
what this project is or what it is not. I'm going to tell you that I am
going to vote to start the time clock running only for the purposes of
running the clock.
Mayor Ferre: Precisely!
Mr. Plummer: But if these people haven't enough sense to come to this one
Commissioner before that 60 day time period and say to me, "Hey, here's
what we are going to do. Don't look for my support when we have the hearing."
I think that the people should come before us and let us know.
Mayor Ferre: There is a motion to set the date for a public hearing dealing
with the Nasher property as requested by them and as required by State law
-that we set a date. We are setting the date of September 8th. Is there
a second? Hearing no second...I don't think I heard a second.
Mr. Dawkins: Yes, I second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 83-545
A RESOLUTION ESTABLISHING SEPTEMBER 8, 1983, AS THE
DATE FOR A PUBLIC HEARING CONCERNING ISSUANCE OF A
DEVELOPMENT ORDER FOR THE LINCOLN/NASHER PROJECT, A
DEVELOPMENT OF REGIONAL IMPACT TO BE LOCATED AT
623-799 BRICKELL AVENUE; AND DIRECTING THE CITY CLERK
TO NOTIFY APPROPRIATE AGENCIES.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mr. Traurig: May I clarify something for Commissioner Plummer. The memo
that was sent by the Planning Director to the City Manager tracks the State
law. It is pursuant really to a letter, which was sent by the South Florida
Regional Planning Council to the Mayor dated Jane 8th, saying, "this letter
is given to advise that the application is now legally sufficient as far as
information is concerned and that the City should set a hearing. It was
really not for us, but for the Regional Planning Council that you did
this last thing,'
�49
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Ok
Mr. Plummer: Mr. Traurig, a smart man knows when to be quiet. That is
just as soon as he wins. Now if you want to pursue this matter, I'll be
glad to do that with you, sir. But I want to tell you that this item is
before us because it gives me the opportunity to vote against it and you
can't even have a public hearing.
Mr. Traurig: We thank you very much for your help.
Mr. Plummer: Thank you, sir.
A.CCr""' ;TD. T i��,n �;�*� S +ITT) '>'!r)n�'�;" ; FUP1'T.�', T, C. - for
51. light hays, electronic sirens, etc. f-or ')erartment of
L'uildim, and Vehicle Paintenance.
Mayor Ferre: We are now on VI, police auto equipment, Building and Vehicle
Maintenance. Any problem with that these days?
Mr. Plummer: Mr. Cox.
Mr. Ed Cox: If you recall, the last time, Mr. Mayor, Commissioners, I was
asked to submit or provide you with additional information. You approved
two of the items on that particular resolution; there are two left. I did
provide the information requested and I'm still recommending that you
approve our recommendation which was the low bid.
Mayor Ferre: Sir, you want to be heard?
Mr. Mike Cowan: Yes, sir, thank you Mr. Mayor. Mike Cowan, Public Safety
Devices, Miami, I had quite a discussion at the last meeting. I don't want
to beat a dead horse to death. I would like to repeat my same objections
that the submitted light bar does not meet the specifications with regard
to the configuration. I know that in the bid specifications there is an
"or equal" clause. There is a Federal Court decision handed down by the
U.S. District Court of Massachusetts: the Federal First Circuit Court of
in the case of Whitton v. Paddock. In the first maior ruline in that
state, the court ruled that proprietory specifications are not in violation
of Anti -Trust laws. Further, the court stated that trained professionals,
specifiers make informed judgements on products which they feel best serve
their clients needs. Technically, few brands of materials or equipment are
exactly alike. If the specifier wants to limit the specifications to one
source, he has the right to do so and to enforce it. I still contend that
in area of configuration the low bid does not meet the specifications. All
that I am asking for is that if the Commission, if the City wants to accept
a different configuration, that everybody get a fair shake and I be allowed
to bid on something other than what was specified.
Mr. Plummer: Mr. Mayor, Mike is a personal friend, has been, and will be
for years. He is a fair man. I asked this matter be deferred so I would
have the right to look over the specs.
5 1983
Mr. Plummer: (con't) I told Mike prior to this meeting, and I will tell this
Commission, I think that there is some area that is gray, and I would hope,
Mr. Cox, in the future that that gray area could be cleared up, so that this
would not have a repeat performance, but I think the Department has covered
themselves very clearly when they stipulated "or equal to". I think that
does comply. I think the more important thing, and I think even Mike's
concern as well as mine, that if we had to go back out to rebidding, it would
be seventeen police cars that would be withheld off of the street and I don't
think we can afford that and I think that is very, very important and Mr.
Mayor, I would move Item Number 6 on the Supplemental Agenda that we accept
the recommendation of the Department, and one other thing that I want be-
cause it is something that you don't see - we had a letter, I assume the
rest of you received from the company who will be receiving this bid, who
said in the interest of the best thing for the City, that they would withdraw
and allow this company to take over, just so that the City would not be
penalized. You don't see that kind of good faith by a company to do what
they did, and I want that letter made as a part of the record, Mr. Cox, if
you will.
Mayor Ferre: And I would hope that we would keep that in mind in the future
too. It's something that people who act that way, they have got to be recognized.
All right, there is a motion. Is there a second? Is there a second? Is
there a second? Second by Dawkins. Further discussion? All right, call
the roll on Supplemental 6.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-546
A RESOLUTION ACCEPTING THE BID OF LAWMEN'S AND SHOOTERS SUPPLY,
INC., FOR FURNISHING 30 ROOF MOUNTED LIGHT BAR PACKATES, AT A
COST OF $14,440.80, AND 16 COMPLETE ELECTRONIC SIRENS, AT A
COST OF $4,601.12, FOR A TOTAL COST OF $19,041.92, TO THE
DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE WITH FUNDS
THEREFOR ALLOCATED FROM THE 1982-83 OPERATING BUDGETS OF THE
DEPARTMENTS OF POLICE AND BUILDING AND VEHICLE MAINTANANCE;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT
TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT.
(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
vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
ON ROLL CALL:
Mr. Dawkins: I am voting "yes", but in voting "yes", I share Commissioner
Plummer's concern, and also this gentleman's; that our bid should not leave room
for this type of questioning in the future, although you are covered, the
average person bidding may not understand, so just spell it out, that is all.
in
JUN1519W
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52. SECCND READING ORDINANCE: AMEND ORDINANCE 9500 SECTION
1504.5.1, ENTITLED AU'THCRIZED ';ARIATICNS OF ARTICLE 13
ENTITLED SPI SPECIAL PUBLIC INTEREST DISTRICTS.
Mayor Ferre: We are now on the 5;00 P.M. agenda, Item 41, which is an ordinance
on Second Reading. It is a Planning Department application and Mr. Rodriguez,
the Chair recognizes you, sir.
Mr. Sergio Rodriguez: By Motion Number 83-274 of March 24th, the Commission
directed the Planning Department to review the proposed Zoning Ordinance 9500
in relation to major use, special permits, variations and the schedule of
district regulations in relation to off-street parking. We presented this to
the Planning Advisory Board in relation to this item at the meeting of April 20,
following recommendations by the Planning Department and recommended approval of
the changes proposed by the Department in relation to these three items. The
three items basically established more restrictive standards, guidelines and
criteria for major use, special permits, a-,• variation for SPI districts, and
also increase the parking requirements Cit., -ide. At this point, if you want
any more information on this item, I can go i.�:o that.
Mayor Ferre: All right, Dr. Theede, do you want to be heard on this?
Dr. Theede: Yes, please.
Mayor Ferre: I think you might want the applicant's (OFF MICROPHONE)
Do you want to hear him first, or do you want to go first?
Dr. Theede: I need to go work. I have a preface. If Park West is to be
developed, there must be adequate incentives, which is being stifled or des-
troyed by density increases on Brickell Avenue. Now, Websters defines ghetto
as a) Jewish quarter, b) an ethnic quarter, c) a slum.
Mayor Ferre: Wait a minute, you are on the wrong item, right?
Dr. Theede: No. I am prefacing this. I am leading into it, okay? ... d) de-
fines ghetto as any location that destroys the incentive, supresses the
emotion, and endangers the health of the people. With increased density on
Brickell, I believe Miami will have a wealthy ghetto. Miami's most important
asset is clean air, second is weather conducive to luxuriant tropical growth.
Our third most important asset is high quality growth planning, which potentially
allows Miami to become the most beautiful city in the world. Increased density
on Brickell will hold the first and the third asset, or will help them to become
destroyed. Many times you have reminded developers with financial hardships is
not just cause for a variance, since financial investment is just business and
not the concern of the Commission. As you have stated, the market place controls.
However, in a democracy, the market place controls only as long as it does not
destroy and as long as it acts with maturity and moral responsibility. This
Commission is charged with the act of reminding the market place that the
privilege of building, like the privilege of driving a car, is granted by govern-
ing bodies. As long as a builder shows respect for all people included for
community development, they should be granted the privilege of building; con-
versely, rejections of these responsibilities demand the Commission deny the
granting of building privileges. High density development in Park West is
both compatible and congruous with downtown. It is my belief that Park West
will be developed only when high density is denied on Brickell. The town has
come for the Commission to stand behind the Planning Department to maintain the
beauty and the density on Brickell Avenue and thereby creating an incentive to
develop Park West. My main reason for being here is little by little the
ambience of Brickell Avenue is being destroyed, and I think that we should
recognize that we cannot develop Park West and destroy Brickell Avenue at the
same time and if we maintain Brickell Avenue as it is, as it was originally
planned - we have only got about five or six more pieces of property there to
go in in a commercial business and then we will see Pi:k West develop much
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more rapidly and we will see the maintenance of the homogenous being of Brickell Avenue
and I urge you that whatever is in the 9500 that is not conducive to the maintenance of
Brickell Avenue as it now stands, that that be deleted and changed. Thank you, sir.
Mayor Ferre: Thank you, Dr. Theede.
Mr. Jim Reid: Mr. Mayor, could I clarify for the record what is before you.
Mayor Ferre: Yes, I think that might be important.
Mr. Reid: Remember back in April, I believe, there was an article analyzing the new
zoning ordinance that identified three major flaws. A flaw with respect to the
standards guiding special use permits, a problem relating to the authority of the Plan-
ning Director, and a third problem with relating to parking ratios. What Item 41
simply does is correct those major flaws in the ordinance. But I think it very
important that it be enacted so that these major discrepancies in 9500 can be dealt
with and the Brickell item is later in the agenda.
Mayor Ferre: That is not on the agenda now. Well, that is all right, Your statement
will be applied. I will instruct the Clerk to make that statement as an attachment to
when we come to Brickell Avenue, all right? All right, Dr. Theede, you go on to work
work, and thank you. That was a very nice statement.
All right now, Mr. City Clerk, I would like for you in the next couple of months to
install facilities in members of the Commission's offices so that we can transfer
these meetings into their offices, okay? ... so that if and when they are absent for
more than half hour we will all arise and walk over to their offices and we will just
meet there and that way perhaps we can find a way of keeping five people together. At
this point, we only have two. So, you make the proper provisions for us to move en
masse and follow these Commissioners as they go into their offices to gather with their
constituents and perhaps we can all move with them and we can hold our public hearings
in their offices!
Is there anybody here who wishes to be heard on Item 41 besides you, Mr. Traurig?
Mr. Traurig: I don't want to be heard on 41.
Mayor Ferre: I didn't think you wanted to be heard on 41. All right, is there a
motion? Commissioner Perez moves, Commissioner Carollo seconds. Further discussion?
Call the roll.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY AMENDING SECTION 1504.5.1 ENTITLED "AUTHORIZED VARIATIONS"
OF ARTICLE 15 ENTITLED "SPI: SPECIAL PUBLIC INTEREST DISTRICTS", AND SECTIONS 2803
ENTITLED "COMMISSION DISPOSITION OF FINAL APPLICATIONS; CONSIDERATION OF RECOMMENDA-
TIONS" AND 2804 ENTITLED "EFFECT OF CITY COMMISSION APPROVAL OF FINAL APPLICATION",
OF AWfICLE 28 ENTITLED "MAJOR USE SPECIAL PERMITS: DETAILED REQUIREMENTS", BY PRO-
VIDING ADDITIONAL AND MODIFIED STANDARDS AND REQUIRED FINDINGS AND DETERMINATIONS;
FURTHER AMENDING SAID ORDINANCE NO. 9500 BY AMENDING SECTION 2011.1.1 ENTITLED
"ESTABLISHMENT OF LAND USE INTENSITY RATINGS BY LUI SECTOR MAPS AND LUI TABLES" OF
ARTICLE 20 ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS" AND AMENDING TABLE 1
OF SHEET 1 AND TABLE 3 OF SHEET 2 OF THE'OFFICIAL SCHEDULE OF DISTRICT REGULATIONS
MADE A PART OF SAID ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN SECTION 320,
ENTITLED "SCHEDULE OF DISTRICT REGULATIONS FOR DISTRICTS OTHER THAN SPECIAL DISTRICTS;
ADOPTION", OF ARTICLE 3 ENTITLED "OFFICIAL ZONING ATLAS; OFFICIAL SCHEDULE OF DISTRICT
REGULATIONS; THEREOF, BY PROVIDING INCREASED OFF-STREET PARKING IN CERTAIN SECTORS,
REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING
A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of May 12, 1983, it was taken up
for its second and final reading by title and adoption. On motion of Commissioner Perez,
seconded by Commissioner Carollo, the ordinance was thereupon given its second and final
reading by title and passed and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9649.
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Cour.spion --1,13
and to the public. J u N 15 03
c
A
53. D.=,Y' PRIOPOSED 21M '?,DG. O"T. To A!:E`1D � 5�),SIC.1553-:'71TLZr "C'_'F-
ST_,Z= LOaQI"G" OF `^.T.15 _. _"1TL_r7 "SP1:S:EC.PU"LIC
DIST-IC'_'a"-providinC for o'iase6 satisfaction of certain Cff-Street
loadin requirements.
AT THIS POINT, DUE TO MALFUNCTION OF ELECTRONIC RECORDING EQUIPMENT, VERBATIM
DISCUSSION WAS LOST. HOWEVER, FOLLOWING IS A SYNOPSIS OF VIEWS PRESENTED AND
COMMENTS MADE AS WELL AS THE OFFICIAL ACTION TAKEN BY THE CITY COMMISSION:
Mr. Joe McManus, Assistant Director, Planning Department, stated that although
the Planning Department is the applicant, the proponent of the proposal was
Mr. Dan Paul, and that Mr. Paul should make the first presentation.
Mr. Dan Paul stated that he was not particularly in favor of the ordinance, ex-
cept if the Administration was not going to abide by an administrative interpre-
tation that would allow truck loading bays outside a building.
Mayor Ferre inquired of Mr. McMannus what the Administration's recommendation
was.
Mr. McManus responded that the problem had been solved for the particular project
which was the basis for the legislation; that there was no need to enact the pro-
posed legislation.
Mayor Ferre asked what were the objections, if any, to the legislation.
Mr. McManus responded that passing the legislation would allow a developer to
hypothesize a 6alti-phase project; and to state that a subject project was the
first phase and then seek a reduction in truck loading bays based on the ratio
of the first phase to the total project.
Mayor Ferre asked if the Commission should deny the legislation on second read-
ing. Mr. McManus responded affirmatively.
Commissioner Dawkins asked why, if the problem had been solved, was this legisla-
tion before the Commission, and further inquired as to why the Planning Department
had not withdrawn the item.
Mr. McManus responded that the Commission had passed the ordinance on first read-
ing, that the Planning Department did not have the authority to withdraw the or-
dinance after the Commission had taken action on first reading.
Commissioner Plummer asked if, on the subject project, the truck loading bays
were outside, on -site or off -site, (on the street).
Mr. McManus responded that the location of the truck bays in this instance was
on -site and not on the street.
Commissioner Plummer then alluded to the situation at the Coconut Grove Hotel,
S. Bayshore Drive and Darwin Avenue, where trucks were unloading in the street
even though the hotel had truck loading bays.
Following the above -cited discussion Vice Mayor J. L. Plummer moved that the
proposed legislation be denied, Mayor Ferre seconded the motion, and the proposed
ordinance was denied by the following vote:
AYES: Vice Mayor J. L. Plummer, Jr.
Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Miller Dawkins
ABSENT: None.
mh 114
MOTION 83-547
A MOTION TO DENY PROPOSED
AMENDMENT TO ART.15 , ORD.
9500-01FF—STREET PARKING
& LOADING — SPI
SPECIAL PUBLIC INTEREST
DISTRICTS
JUN 151983
A. A,
54. PUBLIC HEARING CONCERNING AMENDING SECTION 1556 .'1INI:iL:1 LOTS RE-
QUIRE:•lENTS, FLOOR ARE LIMITATIONS, MI:1r,1L7M OPEN SPACE REQUIREMENTS
LIMITATIONS AND 1558 OFF-STREET PARKING AND LOADING OF ARTICLE 15
SPECIAL PUBLIC INTEREST DISTRICTS OF ORD. 9500; ESTABLISHING AMEND
:SENT BEFORE THE SECOND READING ORDINANCE; REFERRING THE MATTER BAC''
Mayor Ferre: All right, let's take up Agenda Iten Number 43.
Mr. Luft.
Mr. Jack Luft: Mr. Mayor, members of the City Commission, my name
is Jack Luft. I am with the City of Miami Planning Department. The
item before us is a petition to increase F.A.R.'s in the SPI-5 Brickell
Avenue Zoning District through the elimination of a residential bonus
in transferance of that F.A.R. to strictly office development. The
petitioner's proposal would increase the base F.A.R. from 2.25 to 3.75,
with bonus incentives on top of this creating a total potential F.A.R.
of 4.75 with no incentives for residential. The Planning Department
is recommending denial of this item and is instead offering an amend-
ment package to the existing SPI-5 that will retain the residential
objectives while responding to the petitioner's request for additional
office development. The proposal from the Department recognizes the
essential desirability of the floor area ratio bonus as a means of
achieving desired residential development objectives. However, the
bonus must mean something and for the bonus to mean something, you
must start at an F.A.R. that is at a reasonable level and build from
there. The bonuses that you are retaining yet are the retail bonus
and the underground parking bonus, which add a .5 to that. That gets
us to a 3.25.
Mayor Ferre: Will you tell me, because I cannot read what that last
line says that is underlined with a blue line. It says residential...
Mr. Luft: Off site.
Mayor Ferre: Off site - .75.
Mr. Luft: I am coming to that in a moment. So we are at 3.25. Now,
we talk about a residential off site. Just to remind you very briefly,
it was the contention of the Brickell Avenue petitioners that even
though this Commission was aspiring to mixed use in Brickell, near the
station and on the water front, and even though they do not disagree
with the objectives, the goals of mixed use, it was the contention of
the Brickell Avenue people that theirs was a special case and they
shouldn't have to do it. The Planning Department merely is saying that
mixed use is a desirable objective for the downtown and we do not single
out one street and say it is good for everybody else, but it is not
necessary for you. However, to be flexible, we are simply saying, if
they are seeking that additional office increment in the neighborhood
of 4.0, we are offering to construct the mechanism for bonusing
off -site residential to a .75, and that achieves a 4.0. I will say
simply that this Commission, and Mayor Ferre in the last ten years -
ten years ago, correctly decided that they sought to create a climate
for investment in downtown and Brickell for commercial growth. They
created that climate for investment in part through zoning and the
development community responded to that climate and is developing
commercial. While we have talked recently about the desire for
residential, we have not made demonstrable steps to create as we
did ten years ago for the commercial sector, the kind of
climate that will attract the residential investor
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JUN 151983
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as well. We have the commitment; we have the participation of the giant de-
velopers, the major investors in Brickell and downtown, and Brickell, there is
no question about it, the concentration, or focus of that activity today. We
are saying to this Commission that to create that climate for residential
development, we must put in place the mechanisms that begins with those that
have the most at stake and those are the developers that are putting up the
office housing for what will prove to be in the next fifteen years, over
30,000 new employees in the Brickell area. And that because of that invest-
ment and that stake that they are putting themselves up front on, and in the
Brickell area, there is the place to start to gain that commitment and that
participation in creating that climate and that investment for housing.
That is the first part. It is to construct bonus F.A.R.'s to achieve
specific objectives that you believe, and that you have gone on record in
the past in saying it is in the best interest of the City and its core area.
The second part of our strategy is to emphasize the need for a transporation
system management program - I'm not going to go through the whole thing, but
we are talking about parking; we are talking about metrorail; we are talking
about people mover; we are talking about certain limitations; we are talking
about shuttle buses; a total system management program and to a degree, a portion
of that, the parking regulations and the like are going to have to be incorporated
into whatever we do on this SPI-5 amendment in order to make that T.S.M. system
management plan work. So, implicit in this zoning change is the necessity to
incorporate some of these details and others then can follow along with them
and things can flow from them. And finally, we only point out that it is not
necessary to grant, or to change the SPI-5 at this time. What we are really
talking about here is the desire down the road of one particular developer, and
very probably others to follow, to take advantage of these kinds of incentives.
The housing components, the transporation system components are complex issues;
they need to be worked out and it will take time to do that. That time is avail-
able. There is no one seeking to pull a building permit tomorrow on an F.A.R.
of 4 or 5. We are seeking 180 days to come back to this Commission with the
necessary technical and legal components as a part of this SPI-5 to make it
work to accomplish these objectives.
Mayor Ferre: How many days, Jack?
Mr. Luft: We are suggesting 180 days.
Mayor Ferre: Are you saying that you want to put off the Second Reading for
180 days, or that we pass it this way and then...
Mr. Luft: What we have before us, Mr. Mayor, is Mr. Traurig's amendment, which
is a straight out increase in F.A.R. It does not conform with this construct
that I put before you. It really negates the effect of bonuses and it does
not have the necessary elements for the parking controls in it that allows the
transportation plan to work. I am saying, to my knowledge (Mr. Traurig can
tell me if I am wrong) we know of no developer right now - yes, there are some
moving on Phase I, but we are really talking about Phase III of these projects,
ultimately coming on and taking advantage of these bonuses. There is no one
to our knowledge that needs this increase in F.A.R. now or in the next six
months.
Mayor Ferre: I have no problem with going along with a reasonable time,
personally, as one vote here, provided however, that this is not construed
or does not hecome a moratorium.
Mr. Luft: No, it is not a moratorium, but we want to do this right, and you
want to make sure that this is carefully throught through, and legally and
technically correct.
Mayor Ferre: Finish your statement and then we will hear from the people who
want to speak on this and then we will get to the questions.
Mr. Reid: Mayor, if I could clarify in terms of legislation in the 180 day
period. What we are talking about is coming back to this Commission in Sept-
ember with the recommendation - First Reading. In October you would have
Second reading, and thirty days later it would be the effective law, so what
we are talking about is a process in which we would have our recommendation
before you in September.
Mayor Ferre: All right, conclude your statement, Jack.
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JUN 151983
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Mr. Luft: My statement is concluded.
Mayor Ferre: All right, Counselor?
Mr. Robert Traurig: Thank you, Mr. Mayor. Robert H. Traurig, 1401 Brickell
Avenue. I would like to deal first with some popular misconceptions about
what is being proposed, because I have read in the newspaper that what is
being proposed makes major changes in the face of Brickell Avenue and in
the human aspects of Brickell Avenue and so forth, and I think it is very
important to clarify what is being proposed and what isn't being proposed.
We do not propose any change in open space, in plazas, in set backs
in the mandatory amenities, in the commercial, in the required parking, etc.
All that we are asking, primarily, is for an increase in floor area, which
will be translated into an increase in height of the building, and at the
last meeting that you conducted on this subject, it was very clear that height
wasn't an issue and that the actual density wasn't an issue, but that the
principal issues that were concerning the community were the residential
components and the traffic issue and so forth - I think it is proper for Mr.
Luft to raise those issues, but basically I think that it was very clear
at this Commission table that the requested F.A.R. was a realistic F.A.R.
when compared to downtown, when compared to Omni and when put into the proper
context, and let me point out to you that the changes that we are suggesting
apply only to Brickell, not to the rest of the SPI-5, not to the bayfront,
and not to the properties to the west of Brickell, etc. And our argument was
that the basic character of Brickell has been established, that Brickell is a
street which high quality office buildings are being created, and that we
think that that is the trend that will follow in the future and that it is
not reasonable to anticipate a residential development will occur between the
river and 15th Road, because there are bonuses at the present time to en-
courage the residential, and those bonuses aren't being taken advantage of,
so we think that since there has been no interest in creating residential
within that corridor up to now, that it is an illusory thing and it won't be
created in the future. I want to talk for just a minute about those F.A.R.'s
that Jack was talking about, but first, I want to bring you back a little bit.
I want to talk about the RCB F.A.R, so that you can compare RCB with the new
SPI-5 and to see that what we are asking is not totally unrealistic, as they
were suggested that it is. For example, in the RCB, and I understand that we
can now count gross area out to the centerline of abutting streets, but under
the RCB, we had a base F.A.R. of 3, and we had a residential maximum of 2.,
and we had a lot depth bonus that you could achieve, which was a .4 and a lot
frontage of .1. We talk about large lots and they are talking about a .4 and
now they want to bring it down to a .25, or to zero. We had in the old RCB,
a .5, and then the sub -grade parking was a .25 and the old ordinance was a
.5, and now they want to bring that down to a .25 and basically, if you could
achieve all the things that he sometimes puts up on his chart, you could have
achieved under the old ordinance, a 6.25. Now, when you enacted SPI-5 to begin
with, you brought it back to a base of 2.25 and they were trying to relate the
SPI-5 to the RCB, saying that because you have gross area rather than net area
because you can now count to the center line of the street, that therefore,
2.25 is really a 3 minus 25%, and that is how they got to that. I am not sure
that that is a realistic reduction of F.A.R. to begin with, but then they
provided you could get bonuses, if you had residential, that could go up to a
1.5 and a retail of .25, and the underground parking of .25 and the large lot
bonus of .4 and not being on the bay, we don't get the bay walk .1 that he
put up, so we can have a total of 4.65. Now, if we are talking about bulk
and human aspects of the Brickell Avenue community, we could build to a 4.65,
right now. We are not asking to build that much. All we are asking to do is
for this Commission to be realistic about whether or not residential will be
built within that small area, or whether that area is primarily an area for
office buildings. We wanted to have human aspect. Your ordinance would pro-
vide for the mandatory amenities, the landscaping, the plaza area, the com-
mercial along the street, etcetera, will assure that we will have that kind of
a classy area and we will have residential development in close proximity to
this Brickell corridor and within the downtown area, and we will have a twenty-
four hour a day city because this Commission has worked very hard to establish
a new major residential community at Park West. And we will have residential
development along the bay, and we will have residential development in the mass
transit area, which is the MXD district, so you will have the residential, and
on this one street, whose character has already been established, we are asking
for you to be realistic and say "residential doesn't have to go on that street".
117 JUN 15 198�
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But residential can go in this district, and if a property owner wants to build
residential, if the economics of this community justify residential, they will
build residential. We are saying though, that since you have already determined
that the bulk and the height are acceptable, don't force them to build residen-
tial to achieve that bulk and that height. They have raised a couple of issues,
such as that residential and the traffic, and Jim says "Let's stop all this
until we do a total study and come back to the Transportation System Management
Plan". We don't have to do that. You can pass this chance today and you can
then instruct staff to do an on -going study of a lot of the transportation issues
that face not only Brickell Avenue, but this community generally. Those trans-
portation issues are identified now. They are identified in the developments of
regional impact, by the South Florida Regional Planning Council, and if the
County wanted to take jurisdiction over some local developments, they have the
jurisdiction to review the traffic impact through developments of County impact.
You will have the Urban Development Review Board study in these issues. You
have to get a Class C permit in order to build in this district now and those
Class C permits have to come to this Commission. You will have an opportunity
to review the intensity of development along Brickell on an on going basis.
But I can't argue, and I concur that we have to study what the people mover
situation will be in the next ten to twenty years. We have to study 7th and
Sth Street reversals during peak conditions, so that we move traffic in and out
of the Brickell Avenue corridor more expeditiously. We have to talk about
efficient connections with the Metrorail throught the means of the bus systems
and the tram systems and so forth, and we have to talk about the off street
parking, which Roger Carlton has talked about and the Planning Department has
talked about, which will create public parking facilities within close prox-
imity of the office corridor, but west of it, just as we are asking you to
consider the permission to have some of our parking under I-95 with motorized
transports from I-95 to Brickell Avenue. All of these things are valid points
that the Planning Department raises, but we are saying they do not have to be
determined now. These are things which the community, in its long range
planning has to be alert to and has to work on on a continuous basis. Now, we
concur in it and I do believe that you have appointed this ad hoc committee
which will be studying these issues and will be recommending changes to your
over all City of Miami ordinances and some of those things that they will be
studying are the Transportation System Management plan. Let me talk to you
about the four issues that were originally proposed to you, one of which has
already been resolved through the denial of the preceding item on the agenda.
We ask for this minor increase from 2.25 to 3.75 in the the base F.A.R. and it
is not the 70% increase that they talk about. It is a minor increase from
around a 3.15, to a 4.65, if we could achieve everything else and their
figures showing a 70% increase are incorrect. Our argument is that since we
can now achieve the 4.65, the 3.75 base F.A.R. is a realistic amount, but if
you do the addition that Jack has shown to you and you are concerned that
that, plus all the permitted bonuses will bring us over a 4.5, and you wanted
to cap it at 4.5, maybe that is a realistic thing to do. The second item
that we had was the question of a determination as to what is floor area.
The Mayor expressed himself on our having count areas within our garage that
are presently used for storage areas and machinery rooms and so forth. We
don't have any quarrel with that. Planning Department, on the other hand,
has concurred with us that we don't have to count elevator shafts and stair
wells that lead from a garage to the principal structure above the garage,
as long as those elevators and stairwells are within the garage and that area
didn't have to be counted. So, we think that the areas that is in the area
of what is square footage, that we have agreement between ourselves giving
in to the points that the Mayor raised at the last meeting, and Staff. There
was one other thing, and that is, whether or not, when or glass is recessed,
we have to count outside the glass and I think that we have a Staff memorandum
that says we don't have to do it. We would like to codify that so that it will
be clear in the future, not only for us in subsequent phases, but for other
developers, but we do have agreement with regard to that. The third thing was
the question of remote satellite parking. In a discussion that I had with Mr.
Reid the other day, he concurred that if we limited the remote satellite
parking to 15% of our total parking requirement, and we limited the area to
the river, on the north, to the bay on the east, to 15th Road on the south and
to the westerly right-of-way line of I-95 on the west, that that would be
118 �
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realistic, and we urge you to consider that. Those are the only issues facing
you and the major issue is this very, very serious issue about encouraging
office development on Brickell, so that they can do the long range planning,
utlilizing an F.A.R. of 3.75 plus bonuses or a 4.5 total F.A.R. I would also
just to call your attention to the fact that on those bonuses, I been advised
by our architect that we won't even be able to aet the .25 bonus for the under-
ground parking unless we use the entire site for the parking under the building,
and if we did that, we would kill the plazas and we would affect the amenities
that you are trying to achieve, so we won't get a full .25 on that bonus, and
we don't get a .25 on retail probably, even though the old ordinance even per-
mitted us a .5 because there really is no need for major retail on Brickell.
What we want are service retails and restaurants and so forth, but sufficient
to encourage walking on Brickell Avenue and kind of streetscapes that you have
talked about so often. We urge you to approve what we have submitted. I
would like to review with you at the appropriate time the specific minor
changes in language to the language that is already proposed in the ordinance
in your kits in front of you, for example, if you would consider this favorably
on 1556.2.1, we would have no problem in adding the words "In no event shall
the total F.A.R., including bonuses, exceed 4.5", and on the off-street parking
and loading, we could delete the words, "To a principle entrance with the use
served shall not exceed 5,000 feet", change that to read, "Shall be within the
following boundaries - north, the south bank of the Miami River; east, the
westerly boundary of Biscayne Bay; south, the northerly right-of-way line of
S. E. 15th Street; and west, the westerly right-of-way line of I-95, and we
think that with those changes, we will have achieved the beginning of a new
era for Brickell Avenue. You talked about how Brickell Avenue has had a change
of face over a period of generations - the '50's, 16O's and 170's was the
second generation of Brickell development. We are now talking about the
Brickell that will be an integral part of the downtown development authority
district, will be the financial center of all the Americas, and we urge you
to consider that. We would also concur in the deletion of the language that
referred to mechanical and electrical equipment spaces and basement spaces
used for storage purposes only, which appear on Page four of the ordinance,
because as the Mayor indicated, those probably were unrealistic requests.
Thank you, very much.
Mayor Ferre: All right, you have an awful lot of things, there, Counselor,
and I have written most of...
Mr. Traurig: That is why I talk slowly.
Mayor Ferre: I've written down most of them. All right, your main three con-
cerns are F.A.R., the question of codifying the agreement on the windows, and
the satellite parking issue, and then a whole series of language dealing with
some details within the structure itself - of the ordinance.
Mr. Traurig: Yes, if it pleases this Commission and the Commission would feel
disposed toward approving the proposal, I think that the record that has been
transcribed would indicate the specific wording that had been suggested, but
if you would like me to repeat it much more slowly, I would be glad to.
Mayor Ferre: We may have to get into it, depending on what the will of this
Commission is, as we get along.
Mr. Traurig: But, basically, Mr. Mayor, the substance of what I said, the
thrust of what I said has been picked up by your brief remarks. Thank you.
Mayor Ferre: All right, next speaker. Is there another speaker? Are there
any other people in the public? ... Mr. Cardenas, Senator, anybody else who
wishes to speak on this? Any other property owners? Senator? Mr. Reboso?
Any statements on Brickell Avenue?
Senator Robert McKnight: Mr. Mayor and members of the Commission, my name is
Robert McKnight, Planned Development Corporation, which is located on Brickell
Avenue. I would just like to pick up for just a second on a couple of the
comments Mr. Traurig made and I, like Mr. Traurig, would like to compliment
the Staff. They continue to work in earnest to try and resolve this, and I
personally appreciate the willingness they have had to work with us. One of
the points Mr. Traurig made, I would like to underscore, and our property is in
quite a different situation than his client's, which apparently have pending
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developments of regional impact. We have assembled our property for a number
of years. very frankly, we think the point Mr. Traurig made about attempting
to use some artificial external device to fore residential housing at best
can be very difficult to implement, so if the market place is there for
residential housing, I personally feel our company, our development, will
embody that, whether this F.A.R. proposal is adopted or not. On the time
delay that Mr. Luft brought up, I mentioned at the last meeting that I felt
if it is the will of the Commission to go ahead and adopt the languages
offered by Mr. Traurig - you have appointed a committee. I am very honored
to join the committee, although frankly, I am little out of my league, be-
cause it is a very technical committee that I think if the language is
adopted, I think that committee could work with the Commission, work with
developers, all interested to try to come up with some language that would
withstand a court challange. The last point I would like to make - I think I
made it at the last meeting, Mr. Luft has raised a number of very appropriate
transportation issues. I would remind the Commission, the situation on
Brickell at the south end is quite different than over at the front where we
discussed tunnels and bridges and everything else. We have a very strong
feeling that the Commission needs to recognize the difference. We realize
we are all in it together. There will be transportation concerns that we
would bring to your attention - there is quite a different situation at 15th
Road than it is at the crossing. Thank you, Mr. Mayor.
Mayor Ferre: Thank you, Senator. All right, there is a lady and Mr. Cardenas.
And Ma'am, if you would come up to the microphone, we will take you up next.
Mr. Al Cardenas: Thank you, Mr. Mayor, My name is Al Cardenas, of 888 Brickell
Avenue. There are probably seven or eight properties that are at issue here.
That is what we are talking about. I think between the folks who have spoken
here today, we represent just about all of them, or 80% of them, at least. I
think without exception, these folks have taken painstaken efforts to ascertain
this issue of residence. I think when we left the last meeting, and this is
the only issue I will address, there was a concern on the part of the Commission
over the validity of the issue of ambience. I think Bob Traurig well placed
the discussion and restated his position and I concur with it. I think the
issues fo bulk, height, etcetra have already been resolved, as well aesthetics,
so there are two issues, ambience and transportation. I think a painstaking
effort on the part of the private sector has been taken to ascertain whether
there is any possible way that the mix would work between the bridge and 15th
road, and I think without exception all of the owners in question have decided
after undergoing extensive efforts that the demand is just not there and if
the issue is such that it is not feasible to entertain the bonus aspect of
the residence criteria. I think this area is buffered to the east, to the
west, and to the south by areas where this residential ambience is a reality
and I think those should be expanded. I think the commercial ambience that
Bob Traurig spoke about is a reality of this particular section, and I think
as such the bulk - height issues haven't been decided, I think we just ought
to do away with the residential factor and allow this commercial development.
As far as transportation is concerned, I think we are facing a long term
situation that needs to be addressed. I don't know of any ad hoc committee
that would probably deserve greater attention than the formation of such
an ad hoc committee. I think I have contemplated the figures if this resi-
dence may be substituted by commercial and I don't think you are talking
about more than 2% or 3% of the traffic flow within the peak office hours.
So, I don't think this presents a major problem. I think it will be more
than offset by off -side parking, but I do think the transportation issue
should be addressed and it is already being addressed, but I think the city
might want to take a special interest in channeling it. Thank you.
Mayor Ferre: All right, thank you. Yes, Ma'am.
Ms. Mary Anne Andrews: My name is Mary Anne Andrews, and I live at 3100
Lucaya Street, in Coconut Grove. I will be moving to 1541 Brickell Avenue.
I am not really well prepared to deal with a lot of the legalese that is at
issue here. The only point that I want to make to the Commissioners and
Mayor is that the Planning Department of the City of Miami is there to
protect the citizens and taxpayers and the beautiful city that we have here.
All I am asking you to do is, to please work with them, because when you turn
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them down, you are turning us down, because we rely on them. You can see there
is nobody here to say anything against the ordinance changes that favor the
developers, and I am just asking you to please work with the City Planning De-
partment.
Mayor Ferre: Thank you, Ms. Andrews. All right, are there any other statements
to be made by members of the public at this time? All right, Mr. Reid?
Mr. Reid: I would just like to make three comments for the record, Mr. Mayor.
In terms of what Mr. Traurig has proposed, which is basically a shift in bulk
from residential F.A.R. to office F.A.R. The impacts it adds are very clear.
Number one, there is more traffic because offices generate more traffic. The
second is, there is more bulk, because you need a bigger garage to accomodate
the traffic. The third is, it raises the questions of the commercial bonuses
being used. We all want Brickell to be more lively on the street, and the way
we thought to achieve that is to give a commercial bonus. You don't need to
use this bonus anymore, and the fourth is it means that this significant area
right downtown is making no contribution to a twenty-four hour downtown with
respect to housing. This Commission in the past has mandated that Claughton
Island provide housing in terms of large developments. It is mandated in the
Brickell transit station plan that you adopted above your base, if you want
more office, you have to provide housing, so there is precedent for relating
additional office development through housing, and I think this is an important
direction for the city to be going, as we are talking about a twenty-four down-
town, so Number one, you ought to understand the impact of what he is talking
about. Number two, to say that we had to solve these problems on a case by
case basis through a D.R.I. project, and ignore our fundamental reponsibility
to continue to make Brickell attracti•.Te and an accessable area like it is today,
would be shirking our responsibility, and we feel if the Commission in its
wisdom decides to increase the F.A.R., that they should direct us to deal with
the traffic issue, and they should direct us to look for a creative way to tie
these increases to housing. It may be into a payment for a housing fund -or
something, so that these fundamental objectives from downtown are retained.
Mayor Ferre: Thank you. Now, questions from the Commission, and then after
the questions, I will accept statements, if somebody wants to make statements,
but for now, questions. Any questions from any members of the Commission?
Mr. Plummer: Well, yes, let me just ask a few questions. The Baywalk - are
you talking about a difference between Baywalk and the setback?
Mr. Laft: Yes.
Mr. Plummer: Okay, how much difference? The setback is fifty feet at present.
Mr. Luft: The setback is fifty feet. The Baywalk is a physical facility that
you walk on.
Mr. Plummer: Well, okay, fine, but the setback can be used as it was for the
Miami Herald, to walk on.
Mr. Luft: We have a set of design standards for baywalks the City has incor-
porated into 9500. Their standards are very similar to what the Convention
Cbnter has for a baywalk. What we are saying here is that we would mandate
that as a part of the development package there be constructed in accord with
those standards, so there will be some differences between projects. Basically
along the line of those standards, a baywalk is a physical facility along the
water's edge. To date, what we have is a fifty foot setback and maybe some-
thing will be built, maybe something won't.
Mr. Plummer: The question I am really asking Jack, can that walkway be in-
corporated in the fifty foot setback, or you asking of the developer to
grant more?
Mr. Luft: It is precisely within that fifty foot setback, in fact, it is
precisely within twenty feet of the water's edge.
Mr. Plummer: What you are saying to me then, when the Charter Amendment
passed as to the fifty foot setback, there was no provision in that for a
a baywalk, is that correct?
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Mr. Luft: For a facility, no. That is right.
Mr. Plummer: Wait a minute. What are you saying - "a facility"?
Mr. Luft: Well, you could...
Mr. Plummer: A walk is a walk. A facility to me is a building.
Mr. Reid: There is no provision, Commissioner, for a publicly accessable bay -
walk - no requirement.
Mr. Plummer: Okay, then my question is, the ultimate that you tried to accomplish
in a baywalk, as I understand it, using the Miami River as the criteria, is that
it be a continuous thing so people can go a great deal. Now, what you are saying
is, make it mandatory in that fifty foot setback area, that the developers will
pay for the baywalk?
Mr. Luft: That is right.
Mayor Ferre: If they own property on the bay,
Mr. Plummer: Well, of course!
Mr. Luft: Barnett Bank wouldn't build a baywalk.
Mr. Reid: Comissioner...
Mayor Ferre: Wait, wait. Let me get to this, as this is a germame point. There
are properties within this district on Brickell Avenue that obviously are not on
the bay.
Mr. Luft: That's right.
Mr. Plummer: So, they couldn't even apply.
Mayor Ferre: Well, they do not have that requirement that is mandatory only
on those properties.
Mr. Luft: That's right, but people on the bay, keep in mind, under gross lot
area, get to count a substantial portion of that water area for their F.A.R.,
which non -waterfront properties do not have.
Mr. Plummer: Now, let me go to this - when you say residential off -site, are
you saying that the developer will pay for off -site residential, or they shall
provide a lot? What are you saying - to get that bonus of residential off -site...
do you understand where I am coming from?
Mr. Luft: Yes, I understand what you are asking. We are saying that within
the next three months, we will prepare for you a series of alternative mechanisms
that could be contributions to the city-wide housing fund for affordable housing,
to allow the cities to proceed with its own programs. It could be a joint ven-
ture with other developers - if Babcock comes into downtown, they might joint
venture with a major office developer in Brickell, and the credits for that hous-
ing would flow to office developer and generate this bonus. It might be that the
developer would directly develop the housing itself. It might be rehabilitation
of units.
Mayor Ferre: We are about to miss ... the Commission is about to walk out. Miller
is going. He has got to go in a moment, so we have got to hurry.
Mr. Plummer: Well, Mr. Mayor, I am sorry sir...
Mayor Ferre: No, no, I am not pressuring you in any way, J. L. All I am just
saying is, I want to make you aware of what happening so that whatever you want
to do, you know, you are aware of what is going to happen in the next ten or
fifteen minutes, so continue - go ahead!
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Mr. Plummer: All right. You see, I can't go along with that at this present
time until I know more. You talk about residential off -site. That could be
one ... you know, as loose as that wording is, it could be one place, that...
Mr. Luft: That is precisely what we are asking you to do, Commissioner, is
not to adopt...and we don't even have the technical language of an ordinance
before you here. These are policies. We are looking for a directive from this
Commission to come back with the technical research and the language to imple-
ment a hopefully, a balanced, fair economically realistic housing participation
program for office developers seeking increased development. Now, we don't have
those answers for you today, but we are not asking for you to adopt anything
today. We are simply looking for the policy directive to prepare that. We
are hoping that you will agree with us when we say there is a necessity to
create a climate for affordable housing downtown, and that we feel a proper
participant in that is these major investors of office space, and then allow
us to create the mechanism to do that.
Mayor Ferre: Further questions?
Mr. Luft: Then you will get the change to vote in three months time when you
see exactly what that means.
Mayor Ferre: Commissioner Perez.
Mr. Perez: Would you assess the possibility of approving this ordinance today
and after you have a special recommendation about the transportation issue for
next September or October?
Mr. Luft: You want to know if you can pass this proposal today?
Mayor Ferre: No, he has asked you a question. Do you want me to paraphrase
it for you?
Mr. Perez: I would like to have your technical recommendation.
Mr. Luft: My technical recommendation on whether or not you should adopt Mr.
Traurig's amendment today?
Mayor Ferre: No, he has asked you a specific question. He said, (it was a
hypothetical question) if we were to vote for this item today as presented,
with regards to the transportation issue, could we address that, the way you
are recommending separately, in a six month period.
Mr. Luft: I believe we could, yes. That would be our intentions to bring it
back together as a total package so that the ordinance could go ahead.
Mayor Ferre: That is not what he is saying, Jack.
Mr. Plummer: What he is saying ... yes, but there is only a difference of one
hudnred eighty days, that is all!
Mr. Reid: Mr. Mayor, we would not want this ordinance, if it is passed today
in its present form to be effective for more than one hundred eighty days.
Mayor Ferre: Yes, but that is not what the Commissioner is asking.
Mr. Perez: Yes, but what I say that I think was clear, first to approve this
ordinance today and after to request a special study about the transportation
issue with your recommendation for the next six months.
Mr. Luft: If you pass the ordinance Mr. Traurig has offered you today, you will
be giving certain things that you very probably will have to take back in the con-
text of the transportation plan, and we think that that is not the way to approach
this. There is no necessity to pass this today. There is no one seeking a building
permit that this would provide for today. We say, wait, and pass it together with
the necessary requirements for parking limitations and off -site parking and dis-
tance and all that as a total package. Don't give it all away to start with now,
and then come back and decide what you are going to take back.
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Mayor Ferre: Mr. Luft, let me express my position so, at least there is one clear
guideline from one out of the five here as to where I stand. In the first place,
with regard to the smaller issue of whether the space between the window and the
exterior of the wall is counted or not counted, I think architecturally, we are
all in agreement that the process of fenestration and the depth in it adds to the
character and the quality of the building, and therefore we would hope that that
could be codified as a separate item. Are we agreed on that? Now, with regard to
the issue of satellite parking, that I do not think is a major issue, because
satellite parking I have no objections to say, for example, and I would so move,
if it is necessary, that up to 15% of the required parking could be within a
twelve hundred feet distance, and with the Commission approval, within an area
bounded by the bay, the river, 15th Road and I-95. Now,' do you need a motion to
that effect to simplify the process?
Mr. Reid: We agree with that approach too.
Mayor Ferre: We don't need a motion then, so we could codify that one. Is that
correct? Are we in agreement? All right, now that then, therefore leaves the
main issue before us, which is the question of F.A.R. and how bonuses fit into
that and that deals with retail, it deals with transportation, baywalks and the
off -site residential. All right, now with regards to off -site residential, let
me say ... Mr. Paul, you might remember that the genesis of all of this was in
your office and I might remind you of when it happened. Ken Triester and Jack
Luft and I visited with you and sat down and talked about what was being done
wth regards to the requirements of off -site housing as done in San Francisco.
The discussion was then, San Francisco, within the last couple of years, has
come up with a new idea that no more construction goes on in these prime areas
in the innercity in Nob Hill, or whatever it is called, unless there is one,
a requirement of retail down on the ground floor (remember, we went through
that long talk with Ken Triester about Barcelona, and how they do it in Spain,
and you have heard that speech before, and I am sure since, and then the other
issue was, how we dealt with housing...
Mr. Plummer: Excuse me. I might remind you some of the Commissioners have to
leave!
Mayor Ferre: Well, I think we are making some progress now. We are only down
to one issue now, and that is the F.A.R.
Mr. Plummer: Yes, the issue is Commission or not Commission! (LAUGHTER)
Mayor Ferre: And I might remind you that the whole thing revolved around
whether it was working in San Francisco. All right, Jack Luft has come up
wth a study and a recommendation that it is working. So my position now is
this. I think that it has to be a requirement of anything that we do on
Brickell Avenue. One, that there be a bonus for residential. You don't want
to use it, that is your problem, and two, that there be a requirement that for
so many square feet of office or space that is done on Brickell Avenue, that to
get that additional bonus, okay? ... you have to build residential within the
downtown business district so that if you want the bonus, to get it, that is
how you get it. It is working in San Francisco, and I for one am voting for
it. Now, with regards to the final issue, which is F.A.R. itself, Mr. Luft,
we now have open F.A.R. in downtown Miami, which is, in my opinion, as it
should be, okay? Now, nobody has ever gotten up to the thirty F.A.R. that
people have been talking about and we sometimes get up to eleven. The
highest we have ever been, I think, was Henry Gutierrez' building, which is
sixteen, as I recall.
Mr. Luft: I think the 44 West Flagler is twenty-two.
Mayor Ferre: Twenty-two? That is the highest we have gotten to is 44 West
Flagler. All right now, when you get up to F.A.R. of twenty-two, and you are
talking about a .25 here and a .25 there, and a maximum of 4.75, or 5.0, I
frankly am not very frightened, and when we have gone on record, in the Omni
area, of getting people up to an eleven F.A.R., I frankly am not overly con-
cerned about going up to 4.75, or 4.0, or 5.0, because I don't think it is
really that drastic. In other words, what we are talking about is for a
person who owns 100,000 square feet of property, and in downtown, people who
own a 100,000 square feet of property are putting up 2,000,000 square feet
or 1,500,000 square feet, we are talking about going up to 500,000 square
feet, so I frankly am not very scared. Now, my position is this. I think that
we ought to have a relatively easy way for anybody who owns property on Brickell
Avenue to get to an F.A.R. in the vicinity of 4.0. That doesn't bother me. Now,
beyond that I do think that these bonuses should be attractive. For example,
ld 19A J U N 151983
I totally agree with your position. Residential on -site of a 1.0 as a bonus for
somebody who builds housing outside of the area within the downtown business area.
With regards to transportation and these other bonuses, I have no problems in
adding bonuses to that, and I guess the bottom line is this - I am not too far away
from where you are. I don't think I would agree with a 2.75, but I am not too far
away from that. Now, you come up with a recommendation, Mr. Traurig, that answers
the basis of that, and I am ready to vote on this tonight.
Mr. Traurig: Well, I did...
Mayor Ferre: F.A.R.
Mr. Traurig: I did indicate that we could cap it at 4.5, and that would be realistic
because if you start it with a 3.75 and you added certain bonuses, you might get to
a 4.65. If in the good judgment of the Commission, 4.5 is a figure above where you
would like to be, then obviously, you know, in your discretion you will change
that, but based upon what you said, I got the impression that 4.5 is a figure that
you could live with. I think that Mr. Luft makes a good point. I think there are
social benefits to be derived by having developments within Park Test/Overtown and
I think the ad hoc committee ought to be studying that. If, together with that
Transportation Management System, are issues that this City ought to be spending
considerable time talking about over the next year.
Mayor Ferre: Mr. Traurig, we are about to lose the Commission, so you need to...
Mr. Traurig: My answer is a cap of 4.5 or we can perhaps reduce the 3.75 to a
3.65 and keep all those other bonuses, which would in no way exceed the 4.5, if
you want to do it through the bonus system.
Mayor Ferre: I have no problems with that of going down to a base F.A.R. in the
vicinity of 3.5 and then adding the bonuses on top of that. I've got no problems
at all with that and going to retail .25 and underground parking at .25... yes, sir?
Mr. Reid: What about reaching your 4.5 in another way and have the base be a 3.0,
keep the commercial bonus at .25, your retail at .25, or rather, your underground
parking at .25....
Mayor Ferre: Yes.
Mr. Reid: .... and office related to residential at 1.0 and you reach your 4.5...
Mayor Ferre: Fine, I will go along with that.
Mr. Carollo: I'd like to hear what Mr. Paul has to say. Mr. Paul, are you in
favor of all this that is being presented?
Mr. Dan Paul: I am in favor of what Mr. Traurig has just stated. One thing, I
think that you can't look at those .25 retail bonuses and the .25,the below grade
parking bonuses, unless you use the whole site, and I've heard J. L. state many
tines here that the one thing he doesn't want...about putting parking on Brickell...
if you take those, those are maximums that you can get, the .25. You can't get
.25 in the largest site on Brickell, and still have your plaza. The
maximum you can get is a .18 on retail, and a .1 on below grade parking, unless
you bring the parking all the way up to Brickell, and cover the whole site, and
do away with the plaza, so I think that it is realistic to start, as with Mr.
Traurig said, with a 3.75 as a minimum, otherwise you will not arrive at the
.450, or .4. You would be way below it.
Mr. Carollo: Let me ask this for the record, Dan. Are you saying that the
editorial in the Miami Herald is incorrect?
Mr. Paul: The editorial in the Miami Herald is incorrect, because they keep
talking about increasing the F.A.R. This is not increasing the F.A.R. It is
putting the F.A.R... It is never going to be used for residential - it is putting
it in office development along Brickell.
Mr. Carollo: Then what you are saying is, is that editorial is very misleading
then.
Mr. Paul: It is certainly incorrect from the point of view of stating that
what is proposed by Mr. Traurig is a 70% increase in F.A.R., yes.
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JUN 151983
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Mr. Carollo: Dan, do you think it is right that we would have to, you know,
have thrown in our face an editorial that you just stated is incorrect and is
very erroneous?
Mr. Paul: Well, I didn't throw it in your face, so - I don't publish the news-
paper!
Mayor Ferre: All right...
Mr. Carollo: Mr. Clerk, could I have a copy of those statements when you are
done? Thank you.
Mayor Ferre: I think the issue before us is a question of the best base F.A.R.
and Jim, I subscribe to your recommendation of a base F.A.R. of 3.0, and that
we go then to a retail bonus. But, I think in the retail bonus, you have got
to be careful how you figure that, because I think that Mr. Paul was right on
the retail bonus analysis in the underground parking, if you don't force
people then, to do things that we really don't want, for example, like taking
the parking all the way to Brickell Avenue, so I would say...and I don't even
mind increasing that, you know, to make it a stronger bonus, along with the
residential off -site, okay? And that would be increased, for example to 1.0.
I have got no problem with that. That gets you up to 4.5.
Mr. Plummer: Excuse me, then. Let me get back to my question. If you offer
that, it is not spelled out in this particular thing that is before us today,
as to where, how much, and things of that nature.
Mr. Luft: We will have to come back to that language.
Mayor Ferre: We are going to have to come back to that. I don't think we
can solve it tonight, that's for sure. I will tell you one other thing, Jack.
The .25 for retail, in my opinion is not sufficient, because, that is not
enough of a bonus. I think we need to go at least to .5. That is it. Okay,
now I think you have it. If you can go to enough of a bonus on retail, I think
you are going to induce...we want as much retail as we can get on these ground
floors, and I...
Mr. Plummer: Well, excuse me. Now, there was a point brought out before.
There is a big difference in my estimation, between retail and accessory use.
There is a big difference!
Mr. Carollo: What's that, J. L.?
Mr. Plummer: Okay, the difference is, retail they sell to the general public.
In accessory use, it is primarily used by the tenants of the building.
Mayor Ferre: No, we mean retail, J. L., because what we are talking about is
people walking along the streets and going from one building to another, to
go to the shop, whether it be a convenient shop or otherwise, because, you
see, if what you get to is convenient shopping for the building itself, then
you end up with these enclaves that are fortresses like Renaissance Plaza in
Detroit, and that is what we are trying to avoid. We are trying to avoid the
perpetuation of any more Omni's okay? Now, Omni works and it is fine. We
don't want too many more Omni's. We want people to be able to walk, and I think
that it is important that that retail component be strengthened. I will tell
you what to get out of here and we can formalize this. I would like to pass
the Chair over to the Vice -Chairman and I move that the base F.A.R. be 3.0,
that the retail component be .50 and that that be on a reasonable basis, that
the underground parking be a bonus of .25, that the off -site residential be
1.0 and that the residential on -site be maintained be maintained at 1.0, okay?...
and that brings you up to a F.A.R maximum of close to 6.0.
Mr. Traurig: Mr. Mayor, could I inquire...?
Mayor Ferre: No, it is more than that. I goes up to 4.5.
Mr. Plummer: It is 5.75.
Mr. Reid: It is 5.75.
Mr. Carollo: Mr. Mayor, I would just like to say for the record. You have made a
motion. It hasn't been seconded yet and I guess technically I am out of order,
but I am not ready to vote on any of this yet.
126 JUN 15 AM
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Mayor Ferre: Okay.
Mr. Plummer: Okay , since I am running the meeting, is there a second? Is
there a second?
Mr. Perez: I second.
Mr. Plummer: Seconded by Commissioner Perez. Under discussion? Mr. Traurig.
Mr. Traurig: I noted that the Mayor didn't include the .4 for the large lot
bonus that has been historic and I note also that Mr. Luft wanted to delete
it, but I want you to know that what you are doing, is you are increasing the
base F.A.R. from 2.25 to a 3.0, but then, if you don't give the .4 large lot
bonus, you are really only increasing the base F.A.R. by a .35, and we would
like to...
Mayor Ferre: Well, I will tell you what, I will go along with that if we
reduce the base, then. If you are talking about....
Mr. Luft: We already put it in.
Mayor Ferre: .... a large lot bonus of 4.0, I will go along with that as long as we
reduce the base back to 2.60 or 2.70 or something, you know.
Mr. Traurig: Let me back up again? May I rationalize with you?
Mr. Luft: We have already put it in there, Bob! We moved it from here to here.
You don't even have to do the large lot, you just get it automatic.
Mr. Plummer: Automatic.
Mr. Traurig: I understand what you are saying. I had the feeling from listening
to this Commission that this Commission could support a total density on Brickell
which would average at an F.A.R. of 4.5.
Mayor Ferre: That's where we are at!
Mr. Traurig: And that average - we are talking about what is realistic. We
can tell you now, from our experience in representing developers - Mr. Cardenas,
and I and others - that no one wants to build the residential on Brickell. Even
if we have outstanding bonuses.
Mayor Ferre: Nobody is forcing you to, Mr. Traurig.
Mr. Reid: That's right.
Mayor Ferre: All we are doing is the same thing we did with your other client,
Mr. Cheezam. when Squire Cheezam came before us, As you may recall. In.
effect, what we did is we got two hundred living units committed as an additional
thing for moderate income housing, and what in effect we are doing here, is
following the example of San Francisco. We are forcing your clients, for the
purposes of getting what they want, we are inducing them to build housing in
downtown.
Mr. Traurig: Basically then, you are saying that absent the residential, you
want to limit the total F.A.R. on Brickell to 3.75.
Mr. Plummer: No. 5.75.
Mr. Traurig: And without the residential it is only 3.75 maximum.
Mr. Plummer: Yes, that is what that...
Mayor Ferre: That, in effect, forces your client to get what he wants to build
some housing for us in Miami.
Mr. Traurig: Wouldn't it be realistic to increase that somewhat and still have
that carrot, that incentive for the residential development?
Mayor Ferre: No, because then you get everything you want and your client isn't
going to build any housing, and what I want to do is, I want to make damn sure
that your client builds some houses for us. It is a carrot and a stick, but
shall we say it is more of a stick than it is a carrot.
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JUN151983
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Mr. Traurig: Let's understand why the Staff has consistently supported large
lot bonuses. It has always been felt, that Number one, to an assemblage of
property, someone is entitled to something substantial. When Mr. Blumberg
added six or seven additional lots together and got a large lot, which would
then create a better development, shouldn't that be entitled to some kind of
a bonus? That was the objective in all of the ~receding ordinances. To take
away the large lot bonuses, and puts him in exactly the same position as the
man who bought one lot, which was an isolated mid -block lot, that wouldn't quite
be fair to those with the several large lots.
Mayor Ferret Fine, then I would go along with that premise, provided however,
that we reduce the base F.A.R. As a matter of fact, I would even be more
generous than we are being here. I would like to maybe even get it a little
higher. I would go to 2.75 and give you a bonus of .30.
Mr. Reid: Mr. Mayor, I think you are on the right wave length. In the first
place, the large lot bonus is an idea whose time has passed. The basic
property assemblage in Brickell has basically taken place, and what it means
when you keep large lot bonuses, it...
Mayor Ferret It is a further inducement for properties to consolidate. I
don't have any problem with that, but I think if we do that, then I want to
reduce the base F.A.R.
Mr. Reid: But, if there is a commensurate reduction in base F.A.R., we would
favor it.
Mr. Luft: I appreciate what Mr. Traurig is trying to do. He would like to see
the base F.A.R. so high that nobody has to use the bonuses.
Mayor Ferret Precisely.
Mr. Luft: And, you know...
Mayor Ferret And that is what we don't want to do. We want you to be close,
but not close enough where you can get on land without reaching a little bit.
Mr. Carollo: Who is chairing the meeting?
Mayor Ferret Plummer was. I can't...Mr. Plummer? There he is. All right, we
are about to come to an ending on this. Senator?
Sen. McKnight: Mr. Mayor, Mr. Vice -Mayor and members of the Commission, there is
just one point I would like to bring up. You touched on it a bit. We understand
the emphasis on retail. We support that. I just want you to see realisticly,
particularly with the large assembly such as ours, .5 is going to be very, very
difficult to obtain. Mr. Mayor, if your point is the density, the bulk is not
a problem, we would only ask you to consider an adjustment in the base, because
.5 is essentially unachievable.
Mayor Ferret That is something that I think that the Administration will come
up with a formula so that it is achievable.
Mr. Plummer: Senator, let me ask you a question. You did not address the two
items of on and off -site residential as it relates to you or to your client.
Sen. McKnight: Mr. Vice -Mayor, I think I mentioned at the last meeting that you
are getting into an area that is going to be very, very difficult to administer,
with regard to the goal, the objective for all of us in the community to join in
our effort in terms of housing. We support it; we have in the past; an we will
again. I pointed out before, and I will repeat again, I would caution the
Commission to be very careful in this area. If you are going to adopt it as a
policy, I certainly hope that by virtue of adopting these amendments, I would
hope you would let your Committee, your Staff, the Planning Department work
together, because....
Mayor Ferret Absolutely!
Sen. McKnight:.... if you get into private property rights, you get into an awful
lot of very difficult...
JUN15ion
83
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Mayor Ferre: Bob, it has worked unbelievably well in San Francisco. There is
more construction going on in San Francisco now than there was before. I think
this is an idea whose time is really arrived, and it is the only way that we
are going to get... Dave, you and I were talking about how in the world we are
going to get people to come down. How can we get Hank Green to look at downtown
Miami and how can we get you to look at downtown Miami for residential. Remember
the Methodist property? You spent six months looking at it. You spent money
analyzing it, but the fact is, that was ten years ago, and in ten years, there
hasn't been any housing built in downtown Miami. Now, I am all in favor of
Park West, but we may be around dreaming another ten years before we get Park
West, so this is a practical way of getting some housing under way in the down-
town area.
Mr. Cardenas: Mayor, let me see if I understand your concept. Is your concept
one of moderate housing for this off -site housing, or low income housing, or...?
Mayor Ferre: I don't think that we are specifying that it is low income. I
think that from a practical point of view, what you are talking about is moderate
housing, because if you go to luxury housing, I don't think anybody is going to
be able...nobody is going to buy it.
Mr. Cardenas: I think the chemistry in this thing is starting to make a lot of
sense for everyone including the private sector. I think if incentive is there
with a little bit higher base, and I would say that on the off -site bonus re-
quirement so that incentive is kept, I think of some...
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Cardenas: Mayor, my concept was this, and it is very short and I think it
will make sense to you.
Mayor Ferre: Al, you are going to miss this, as the Commission is about to
walk out, so my advice to you, is for you to sit down and just let us vote and
then this is a matter of principle at this point, and in effect what we are
doing is sending you back to the Adminstration, and I don't think we are ready
to vote on this on Second Reading at this time, and if you insist on it, in
my opinion you are going to lose.
Mr. Traurig: I don't insist on it, but I would like to say one thing, so
that you understand the F.A.R. bonus that you want to give for the retail.
We have on one site, 280,000 feet. If we had a .25 bonus at 70,000 feet, if
we had a .5 as you proposed, it is 140,000 feet of retail. No one is going
to build that much. So to create that big...
Mayor Ferre: That is something that you are going to work out. Mr. Chairman,
I call the question, sir, on an issue of intent.
MT. Plummer: The issue of intent, the motion is understood. Call the roll.
The following motion was introduced by Mayor Ferre, who moved its
adoption:
MOTION NO. 83-548
A MOTION DIRECTING THE CITY MANAGER TO INCORPORATE THE
HEREINBELOW LISTED AMENDMENTS TO PROPOSED SECOND READING
ORDINANCE AMENDING ORD. 9500, SEC. 1556 ENTITLED "MINIMUM
LOT REQUIREMENTS"; FLOOR AREA LIMITATIONS; MINIMUM OPEN
SPACE REQUIREMENTS; LIMITATIONS, AND 1558 ENTITLED "OFF-
STREET PARKING & LOADING: OF ARTICLE 15 ENTITLED "SPI:
SPECIAL PUBLIC INTEREST DISTRICTS", ETC.:
BASE F.A.R. - 3.0
RETAIL COMPONENT - 0.50
UNDERGROUND PARKING - 0.25
OFF -SITE RESIDENTIAL - 1.0
ON -SITE RESIDENTIAL - 1.0
5.75
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
129
JUN 151983
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AYES: Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner .Toe Carollo
ABSENT: Commissioner Miller J. Dawkins
ON ROLL CALL:
Mr. Carollo: Let me say this. The density that we are talking about here and
some of the ones that we have seen in different parts of Miami, especially the
center core, downtown Miami really doesn't frighten me. I grew up in a city
that can't compare their downtown section to ours - that is Chicago, so having
a downtown core and arteries where you have considerable amount of construction
and height does not scare me, but I just see that we have thrown a lot of things
out here without really sitting down and taking the time that we need to
analyze it and what we are saying in effect is "Well, we are throwing this out,
but we know we are going to have to change some of it", so why even bother in
going and making a motion on this? I think we have to go at this slowly, and
this is not the way of proceeding in this. I would rather wait a little longer
and do it right at the First Reading than having you come back for the Second
Reading and start cutting things out or adding things in. Those are my reasons
for voting "no".
Mr. Plummer: Well, I am going to vote with the motion, but I want to tell you
that I don't necessarily agree with this formula that has been proposed here.
I am going to vote "yes", because it is only a motion of intent, so I am voting
to
55. ORDERING RESOLUTION LYNWOOD SANITARY SEWER IMPROVEMENT SR-5487C.
Mayor Ferre: The ordering resolution for the Lynwood Sanitary Sewer Project is
before us. Does somebody want to make a motion on that?
Mr. Carollo: What was that?
Mayor Ferre: The Lynwood Sanitary Sewer Improvement.
Mr. Carollo: Moved.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion on the motion to improve the Lynwood Sanitary
Sewer Improvement and the ordering resolution thereof, which is District
SR-5487C. Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-549
A RESOLUTION ORDERING LYNWOOD SANITARY SEWER IMPROVE.42NT
SR-5487 C (CENTERLINE SEWER) AND DESIGNATING THE PROPERTY
AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A POR-
TION OF THE COST THEREOF AS LYNWOOD SANITARY SEWER IMPROVE-
MENT DISTRICT SR-5487 C (CENTERLINE SEWER).
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk,)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote; 130 JUN 15 1983
Id
J.
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer
56. ACCEPT COMPLETED CONSTRUCTION CITY-WIDE WEST 57TM AVE.
SANITARY SEWER IMPROVEMENT SR-5469C AND S.
Mayor Ferre: The next item is the acceptance of work on the West 57th Avenue
Sanitary Sewer, which is SR5469-C and S. Moved by Carollo, seconded by Perez,
further discussion. Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-550
A RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH A NOTICE OF
PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE HY THE CITY
COMMISSION OF THE COMPLETED CONSTRUCTION BY DELTA ENGINEERING
CONTRACTING CORPORATION AND DELTA PLUMBING CORPORATION, AN
OPEN JOINT GENTURE, OF CITY WIDE - WEST 57 AVENUE - SANITARY
SEWER IMPROVEMENT IN CITY WIDE - WEST 57 AVENUE - SANITARY SEWER
IMPROVEMENT DISTRICT SR-5469-C&S (CENTERLINE AND SIDELINE
SEWERS)
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer
57. ACCEPT COMPLETED WORK KIRKLAND SANITARY SEWER IMPROVEMENT
SR-5478-C.
Mayor Ferre: The next item is the Kirkland Sanitary Sewer.
Mr. Carollo: Moved.
Mayor Ferre: Moved by Carollo, seconded by Perez. For purposes of identification,
Kirkland Sanitary Sewer Improvement District SR-5478-C. Call the roll.
131 JUN 151903
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The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-551
A RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH A NOTICE OF
PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY
COMMISSION OF THE COMPLETED CONSTRUCTION BY ROENCA CORPORATION
OF KIRKLAND SANITARY SEWER IMPROVEMENT IN KTRKLAND SANITARY
SEWER IMPROVEMENT DISTRICT SR-5478-C (CENT].F:LINE SEWER)
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
NOTE FOR THE RECORD: There is a brief discussion of items to be included on
the July 8th Special City Commission Meeting agenda.
ADJOURNMENT
There being no further business to come before the City Commission,
on motion duly made and seconded, the meeting was adjourned at 7:40 P.M.
MAURICE A. FERRE
Mayor
ATTEST: RALPH G. ONGIE
City Clerk
MATTY HIRAI
Assistant City Clerk
132
JUN 151983
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ITEM N0 j DOCUMENT IDENTIFICATION
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
COMMENDING CONGRESSMAN CLAUDE D. PEPPER ON HIS SUPPORT
FOR REPEAL FINANCIAL INTEREST AND SYNDICATION RULES
ADOPTED BY THE FEDERAL COMMUNICATIONS COMMISSION (FCC).'
ACCEPTING THE PLAT ENTITLED "V.P. GARDENS", A
SUBDIVISION IN THE CITY OF MIAMI.
ACCEPTING THE PLAT ENTITLED VIZCAYA STATION, A
SUBDIVISION IN THE CITY OF MIAMI.
ACCEPTING THE PLAT ENTITLED SANTA CLARA STATION, A
SUBDIVISION IN THE CITY OF MIAMI.
ACCEPTING THE BID OF D.M.P. CORPORATION FOR CITY-WIDE
SANITARY SEWER EXTENSION N.W. LOTH AVENUE.
ACCEPTING THE BID OF SOUTHERN CONSTRUCTION
INTERNATIONAL CORPORATION FOR MIAMI SPRINGS GOLF
COURSE -CART STORAGE FACILITY.
ACCEPTING THE BID OF P.N.M. CORPORATION FOR THE
ALLAPATTAH MINI PARK -DEVELOPMENT.
AGREEMENT WITH WARREN L. BRAUN CONSULTING ENGINEERS
FOR CABLE COMMUNICATIONS.
CONFIRMING THE ACTION OF CITY MANAGER IN APPROVING THE
EMERGENCY PURCHASE OF ADDITIONAL EQUIRMENT. FIRE
APPARATUS PUMPERS.
DESIGN SERVICES FOR THE REDEVELOPMENT OF MOORE PARK
AS A CATEGORY B PROJECT.
AUTHORIZING THE CITY MANAGER TO ENGAGE A CONSULTANT FOF
THE PURPOSE OF CONDUCTING A COMPREHENSIVE RECREATION
NEEDS ASSESSMENT WITHIN THE CITY FOR THE DEPT. OF
RECREATION.
APPROVING A TWO YEAR EXTENSION EMPLOYMENT PAST
THE AGE OF 70 FOR ROBERT OWENS, TYPIST CLERK III,
DEPARTMENT OF LAW.
TO PERMIT A DRIVE-IN TELLER FACILITY IN 501-599 S.W.
27TH AVENUE AND 2717-19 S.W. 6TH STREET.
TMPLEMENTING THE FULL DOWNTOWN PEOPLE MOVER SYSTEM
WITH FUNDS FROM THE FLORIDA POWER AND LIGHT FRANCHISE
TAX.
ESTABLISHING SEPT. 8, 1983 FOR PUBLIC HEARING
CONCERNING ISSUANCE OF A DEVELOPMENT ORDER FOR THE
LINCOLN/NASHER PROJECT, A DEVELOPMENT OF REGIONAL
IMPACT IN 623-799 BRICKELL AVENUE.
MEETING DATE:
June 15, 1983
C0� SSio
ACTION
R-83-518
R-83-529
R-83-530
R-83-531
R-83-532
R-83-533
R-83-534
R-83-535
R-83-536
R-83-537
R-83-538
R-83-539
R-83-540
R-83-543
R-83-545
83-518
83-529
83-530
83-531
83-532
83-533
83-534
83-535
83-536
83-537
83-538
83-539
83-540
83-543
83-545
DOC U lil
ENT
Rio D X
E
c U E D
1. Page # 2
D
kit
1V NO.1 DOCUMENT IDENTIFICATION
11 ACCEPTING THE BID OF LAWMEN'S AND SHOOTERS SUPPLY
INC. FOR FURNISHING 30 ROOF MOUNTED LIGHT BAR
PACKAGES TO THE DEPARTMENT OF BUILDING AND VEHICLE
MAINTENANCE. I R-83-546 83-546
17 ' (CENTERGLINEWOOD SEWER)NITARY SEWER IMPROVEMENT SR-5487C I R-83-549 , 83-549
18 NOTICE OF PUBLIC HEARING FOR OBJECTIONS OF THE
COMPLETED CONSTRUCTION BY DELTA ENGINEERING
CONTRACTING CORPORATION AND DELTA PLUMBING
CORPORATION. I R-83-550 83-550
19 NOTICE OF PUBLIC HEARING FOR OBJECTIONS OF THE
COMPLETED CONSTRUCTION BY ROENCA CORPORATION OF
KIRKLAND SANITARY SEWER IMPROVEMENT. R-83-551 83-551
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