HomeMy WebLinkAboutCC 1983-05-31 MinutesCITY OF !��IAM1
OF MEETING HELD ON May 31, 1983
PLANNING & ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G.. ONGIE
CITY CLERK
tKEc
CIIYICOhTi]SSIQV OF MIAMI, FIDRIA4
M NO, MAY 31, 1983 $UUCr PLANNING & ZONING r
NANCE
owTI oN�i o, PAGE NO
1
3
4
5
6
6.1
7
8
9
10
11
12
13
11
15
BRIEF DISCUSSION ITEM CONCERNING INTRODUCTION OF
POCKET ITEMS, IMPOSITION OF FIVE DAY RULES, AND
POWERS OF MAYOR TO CALL SPECIAL MEETINGS.
APPROVE IN PRINCIPLE A REQUEST FOR FUNDING FOR A
FILM FESTIVAL TO BE STAGED IN THE CITY OF MIAMI.
GRANT REQUEST FOR FUNDING NOT TO EXCEED $1,395. OF
ORGANIZERS OF JUNTA PATRIOTICA CUBANA.
DIRECT CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO
EXCEED $15,000. FOR WIPING OUT CURRENT DEBT INCURRED
BY COCONUT GROVE CARES AND REQUESTING CITY MANAGER
TO ASSIST WITH FURTHER FUND RAISING EFFORTS.
APPROVE REQUEST MADE BY DARE HERITAGE TRUST
FOR AN AMOUNT NOT TO EXCEED $5,000. FOR A FEASIBILIT)
STUDY OF A BOOK OR SERIES OF BOOKS ABOUT MIAMI.
DIRECT CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO
EXCEED $16,000. FOR MATCHING FUNDS FOR COMPLETION
OF RESTORATION OF DR. JACKSON'S HOME AND COMPLETION
OF CONSERVATORY AND PRESERVATION LIBRARY.
BRIEF DISCUSSION: COCONUT GROVE DEVELOPMENT. C.B.O.
AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT, BUS
BENCHES COMPANY.
PERSONAL APPEARANCE: CHARLES HADLEY REPRESENTING POOF
PEOPLE.
GRANT REQUEST MADE BY DOWNTOWN MERCHANTS' ASSOCIATIOT
FOR SIDEWALK SALE FLAGLER STREET, JUNE 18, 1983.
BRIEF DISCUSSION AND DEFERRAL TO'JMTE PLANNING AND
ZONING MEETING OF REQUEST FOR CHANGE OF ZONING, 2745,
2755, 2803, 2815, 2823 COCONUT AVENUE.
FIRST READING ORDINANCE: ADD HC-1 HERITAGE
CONSERVATION OVERLAY DISTRICT ZONING ORDINANCE 9500
TO OLYMPIA THEATRE/GUSMAN CULTURAL CENTER.
FIRST READING ORDINANCE: ADD HC-1 GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO ZONING
ORDINANCE 9500, FLAGLER WORKER'S HOUSE LOCATED
AT FT. DALLAS PARK.
FIRST READING ORDINANCE: ADD HC-1 GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO
ZONING ORDINANCE 9500, FIRE STATION NO. 4.
BRIEF DISCUSSION OF EXTENSION OF VARIANCE FOR +
CONSTRUCTION OF CRYSTAL TOWER LOCATED AT 1198
S. BAYSHORE DRIVE. (SEE LATER LABEL #21, SAME
MEETING).
BRIEF DISCUSSION AND DEFERRAL OF CONSIDERATION OF
REVIEW OF DRIVE -IN -TELLERS LOCE TED AT 100 N.W. 12TH
-AVENUE, SUN BANK OF MIAMI, CONTINUED TO JUNE 15TH
�.^ . MEETING
DISCUSSION
1-2
M-83-424
2-5
M-83-425
5-6
M-83-426
6-11
M-83-427 1 11-13
M-83-428
13-15
DISCUSSION
15
R-83-429
16-17
DISCUSSION
17 ■
M-83-430 18
DISCUSSION 19-20
FIRST READING1 20
FIRST READING 21
FIRST READINGI 22
DISCUSSION 1 23-24
DISCUSSION 24-25
III
lo NO, MAY 31, 1983 SLUCT -(PLANNING & ZONING)
16
17
18
ml
20
20.1
21
22
23
24
• 25
26
27
28
29
PERMIT CONTINUED OPERATION OF COMMUNITY BASED
RESIDENTIAL FACILITY CRISIS NURSERY, LOCATED 3175
JACKSON AVENUE.
DISCUSSION ITEM: REVIE41 OF R-82-460 AND R-82-461,
WHICH GRANTED APPROVAL OF THE MIAMI HERALD PROJECT.
PUBLIC HEARING: CONCERNING APPEAL OF VARIANCE AND
CONDITIONAL USE REQUESTED ON APPEAL BY APPLICANT,
VILLA TEN, INC., FOR CONSTRUCTION OF TEN STORY OFFICE
BUILDING, 1261 S.W. 22 ST.; VARIANCE AND CONDITIONAL'
USE WERE DENIED.
BALLOTING PROCEDURES TO FILL 3 VACANCIES ON THE
ZONING BOARD; APPOINTING OSVALDO MORAN AND WILLIAM
PERRY, JR., ONE SEAT REMAINING VACANT.
APPROVE CITY ADMINISTRATION'S ACCEPTANCE OF REVISED
PLAN FOR MIRAMAR HOTEL, 1744-56 N. BAYSHORE DRIVE.
COMMISSION POLICY: VARIANCES PREVIOUSLY GRANTED TO
DEVELOPERS AND PLANS DOWNSCALED (NOT REQUIRED
TO GO BEFORE CITY COMMISSION).
RESOLUTION, AS AMENDED, GRANTING 6 MONTH EXTENSION
OF VARIANCE FOR OFFICE BUILDING, CRYSTAL TOWER,
LOCATED 1198 SOUTH BAYSHORE DRIVE.
STIPULATION OF GRACE PERIOD CONCERNING APPLICATIONS
FILED UNDER ORDINANCE 6871 AT THE TIME 9500
BECOMES EFFECTIVE, ETC.
AUTHORIZE AND DIRECT CITY MANAGER TO ALLOCATE AN
AMOUNT NOT TO EXCEED $25,000. AS MATCHING GRANT TO
DANCE MIAMI.
PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS
AUTHORIZE CITY MANAGER TO EXTEND CONTRACT WITH SARAH
EATON. PROFESSIONAL SERVICES, PERTAINING TO HISTORIC
PRESERVATION.
CONFIRM SELECTION OF INDIVIDUAL BY CERTIFIED
BARGAINING REPRESENTATIVE OF CITY EMPLOYEES AS A
MEMBER OF THE CITY OF MIAMI AFFIRMATIVE ACTION
ADVISORY BOARD.
AMEND SECTION 3 OF R-83-330, APRIL 6, 1983
BY EXPANDING THE MEMBERSHIP OF THE EAST LITTLE
HAVANA TASK FORCE FROM TEN TO THIRTEEN MEMBERS.
AUTHORIZE CITY MANAGER TO EXTEND ALL ENTRANT IMPACT
AID PROGRAM AGREEMENTS FOR PROFESSIONAL JOB
TRAINING SERVICES THROUGH JUNE 30, 1983.
EMERGENCY ORDINANCE: AUTHORIZING THE ISSUANCE OF
PARKING SYSTEM REVENUE BONDS FOR THE CITY OF MIAMI
IN AN AMOUNT NOT TO EXCEED $16,000,000.
PAGE # 2
CE OR
REsowLTION No, IPAGE NO
M-83-431
DISCUSSION
R-83-432
R-83-433.1
R-83-433.2
M-83-434
I M-83-435
I- R-83-436
I M-83-437
M-83-438
DISCUSSION
R-83-439
R-83-440
R-83-441
R-83-442
ORD. 9618
25
26-28
28-39
39-45
44-45
45-46
46-47
48-49
50-52
52
52-54
54
55-56
57
58-63
I
INDEX
CtiY'ffiISSIfiTAFFIDRID4
To NO. MAY 31, 1983 S L7 (PLANNING & ZONING)
30
30.a
30.b
31
32
33
34
35
36
37
38
39
HU
41
REPORT ON 1983 GRAND PRIX RACE AND PLANS UNDERWAY FOR
1984 EVENT, NEGOTIATION OF PURCHASE OF BARRIERS AND
OTHER MATERIALS FROM RALPH SANCHEZ.
(ALSO SEE LABEL 30-B).
BRIEF DISCUSSION ITEM REGARDING PRESS COVERAGE OF
BOND SALE AND CITY OF MIAMI'S UPGRADED BOND RATING
(SEE LABEL 29).
CONTINUATION OF GRAND PRIX RACE DISCUSSION -
REPORT OF 1983 RACE AND PLANS FOR 1984 EVENT.
(SEE LABEL 30).
SECOND READING ORDINANCE: APPLY HC-1 GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO PLYMOUTH
CONGREGATIONAL CHURCH, ORDINANCE 6871.
SECOND READING ORDINANCE: APPLY HC-1 GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO ZONING
ORDINANCE 9500, PLYMOUTH CONGREGATIONAL CHURCH.
SECOND READING ORDINANCE: APPLY HC-1 GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO PROPERTY
3429 DEVON ROAD, FIRST COCONUT GROVE SXHOOL HOUSE,
ORDINANCE 6871.
SECOND READING ORDINANCE: APPLY HC-1 GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO ZONING
ORDINANCE 9500, 3429 DEVON ROAD, FIRST COCONUT GROVE
SCHOOL HOUSE.
SECOND READING ORDINANCE: APPLY HC-1 GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO PROPERTY
LOCATED 3747 MAIN HIGHWAY, EL JARDIN, ORDINANCE 6871.
SECOND READING ORDINANCE: ADD HC-1 GENERAL USE
HEIRTAGE CONSERVATION OVERLAY DISTRICT TO ZONING
ORDINANCE 9500, 3747 MAIN HIGHWAY, EL JARDIN.
SECOND READING ORDINANCE: APPLY HC-1 GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT 3575 MAIN
HIGHWAY, THE PAGODA, ORDINANCE 6871.
SECOND READING ORDINANCE: ADD HC-1 GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO ZONING
ORDINANCE 9500, 3575 MAIN HIGHWAY, THE PAGODA.
SECOND READING ORDINANCE: ADD HC-1 GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO ZONING
ORDINANCE 9500, 250 N.W. 9TH STREET, THE D.A.
DORSEY HOUSE.
SECOND READING ORDINANCE: ADD HC-3, RESIDENTIAL
OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT
TO ZONING ORDINANCE 9500, 1500 BRICKELL AVENUE,
PETIT DUOY.
DISCUSSION ITEM AND DEFERRAL OF CONSIDERATION OF
APPLICATION FOR CHANGE OF ZONING, 2724-26-34
S.W. 7 ST., PENDING SUBMISSION OF COVENANT.
PAGE # 3
pRDI NANCE
RESOLUTION O, PAGE NO
DISCUSSION 63-64
DISCUSSION 64
M-83-443
ORD. 9619
ORD. 9620
ORD. 9621
ORD. 9622
ORD. 9623
ORD. 9624
ORD. 9625
ORD. 9626
ORD. 9627
ORD. 9628
M-83-444
64-75
76
77
78
79
80 '
81
82
83
84
85
86-93
r
tax
AWIIISTIORfAFFLORIDA
PAGE # 4
1rIJ� MAY 31, 1983 SLUCT (PLANNING AND ZONING) KOf
ESOLUTIOION , PAGE NO
ESOL
42
FIRST READING ORDINANCE: ADD HC-1 GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO ZONING
ORDINANCE 9500, 526 N.W. 13TH STREET, DR. WILLIAM
CHAPMAN HOUSE.
FIRST READING
93
43
PERSONAL APPEARANCE: MR. REYNALDO CRUZ EXPLAINING HIS
PAST RECORD IN CONNECTION WITH CONSIDERATION OF HIS
CANDIDACY AS A IIEMBER OF THE ZONING BOARD.
(SEE LATER, SAME 14ETING FOR CONTINUATION OF THIS
:MATTER).
DISCUSSION
94-95
44
BRIEF DISCUSSION OF CRITERIA FOR REAPPOINTMENT OF
PLANNING ADVISORY BOARD AND ZONING BOARD 104BERS.
DISCUSSION
95
45
APPOINTMENTS OF PERSONS TO MINORITY PROCUREMENT
COMPLIANCE BOARD.
R-83-445
96
46
APPOINTMENT OF RAY RODRIGUEZ, SERGIO PENTON,
JEFFREY WATSON AS MEMBERS OF THE BUDGET REVIEW
COMMITTEE.
M-83-446
97
47
BRIEF DISCUSSION ITEM: PENSION NEGOTIATIONS.
DISCUSSION
98
48
BRIEF DISCUSSION ITEM: STATE GRANT FOR PROMOTION OF
INTERNATIONAL TRADE.
DISCUSSION
99—IOC
49
BRIEF DISCUSSION ITEM: FUNDS FOR TRADE MISSIONS TO
VARIOUS COUNTRIES.
DISCUSSION
100
50
BRIEF DISCUSSION ITEM: PARTNERS FOR YOUTH 83, SUMMER
PROGRAM
DISCUSSION
101-1C
51
ACCEPT BID OF CRIMINALISTICS, INC. FOR FURNISHING
BOMB TRANSPORT TRAILER FOR POLICE DEPARTMENT.
R-83-447
103-1C
52
SECOND READING ORDINANCE: CHANGE ZONING
CLASSIFICATION 151 N.E. 52 STREET FROM RG-2/5
TO RG-3/5 IN ZONING ORDINANCE 95*00
UPON BECOMING EFFECTIVE.
ORDI. 9629
104-1C
53
BALLOTING PROCEDURE FOR ELECTION OF PERSONS TO
PLANNING ADVISORY BOARD. NOTE: PATRICIA KOLSKI,
ELADIO ARMESTO GARCIA, THOMAS E. DIEGO WERE
R-83-448—A
APPOINTED.
R-83-448—B
105-11
R-83-448—C
54
FURTHER BALLOTING FOR THIRD VACANCY ON ZONING
BOARD; APPOINTMENT NOT MADE, CONTINUED TO JUNE 15TH
MEETING.
DISCUSSION
112-11
55
DISCUSSION AND DEFERRAL OF CONSIDERATION OF
PROPOSED FIRST READING ORDINANCE CONCERNING
ADVERTISING SIGNS IN CR-2 AND CR-3 DISTRICTS.
M-83-449
118-12
5o;
DIRECT CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO
EXCEED $275,000 TO WYNWOOD COMMUNITY DEVELOPMENT
JOB PROGRAM, DIRECTING CITY MANAGER TO MEET WITH
COMMISSIONERS REGARDING OTHER CRUCIAL AREAS OF THE
CITY.
M-83-450
127-13
57
SECOND READING ORDINANCE: AMEND ORDINANCE 9500
BY EMCOMPASSING CORRECTIONS OF ERRORS, MATTERS OF
OVERSIGHT, AND MATTERS OF COMMISSION DIRECTION; AND
—' - - --
_INCORPORATING THESE. -CHANGES INTO SAID ORDINANCE
9500.
— - - -- -- —
ORDI. ORDI. 9630
133-13
INIEX
Ct41Q JJjaT& tItfil'lli &jDA PAGE �� 5
U
_----
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 31st day of May, 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 9:22 A.M., by Mayor Maurice Ferre
with the following members of the Commission found to be present:
ALSO PRESENT WERE:
Commissioner Demetrio Perez, Jr.
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 Ferre, who then
led those present in a pledge of allegiance to the flag.
1. BRIEF DISCUSSION ITEM CONCE N ING INTRODUCTION OF POCKET ITEMS,
IMPOSITION OF FIVE DAY PULES, AND POWEP.S OF MAYOR TO CALL SPECIAL
MEETINGS.
Mr. Dawkins: Mr. City Attorney, I would like you to give me a legal interpretation
as to pocket items, and if the rule can be called on pocket items by the next
meeting.
Mayor Ferre: I tell you, can we get through that one real quick like? Unless
the City Attorney rules otherwise, the standard procedure of this Commission is
that any member of this Commission can call a five day rule on anything that has
not been previously advertised. Now, if a member of a Commission has properly
notified the other members of this Commission and the public five days before,
then it obviously is not a pocket item, it is part of the regular agenda. So
if you notify the rest of us and the public five days before, it is not a pocket
item. Otherwise, you can call out of order any pocket item. There is only one
exception to that. To my memory, I think I have only invoked that rule once.
There is a provision in the Charter that says that the Mayor can call a Special
Commission Meeting for any subject he wishes. There was one time, -I think it
was with Rose Gordon that we got into a big spat about something- she pulled
the five day rule and in the afternoon I called a Special Commission Meeting
on that issue.
Mr. Dawkins: But then you still need three members to have quorum in order
to have your meeting.
Mayor Ferre: Absolutely.
Mr. Plummer: No.
Mayor Ferre: You need a quorum.
sl
01
MAY 311983
6 0
Mr. Plummer: No, to call the meeting, the Mayor has the absolute right to call
a Special Meeting without anyone's approval. It takes three members of this
Commission to overrule the Mayor's ruling.
Mayor Ferre: No, no, J.L., what you can do is not show up. But you can't overrule....
Mr. Plummer: You have the right, as Mayor, to call a Special Meeting without
consulting with anybody.
Mayor Ferre: I know, but you don't have the right -three or four of you don't
have the right- to "decall" the meeting, if you want to call it that.
Mr. Plummer: Oh, yes, I think we can overrule the Mayor on his special call.
At any time, three votes on this Commission is the ruling factor.
Mayor Ferre: Precisely, and let me say....
Mr. Plummer: One other point, Mr. Dawkins, you and I cannot call a Special Meeting.
We have to violate the Sunshine Law....
Mayor Ferre: Three of you can call....
Mr. Plummer: Three of us can call a Special Meeting.
Mayor Ferre: You have a situation there that the Charter and the Sunshine Law
kind of conflict a little bit.
Mr. Plummer: It works in the Mayor's favor.
Mayor Ferre: I would like to tell you, Mr. Dawkins, that I have only abused
this once in ten years. O.K., anything else? Miller, do you want them to
formalize that in a memo to you?
2. APPROVE IN PRINCIPLE A REQUEST FOR FUNDING FOR A FILM FESTIVAL
TO BE STAGED IN THE CITY OF MIAMI.
Mayor Ferre: I have three pocket items. One, is Nat Chediak and the Miami
Film Festival. The second one is a request by Junta Patriotica. Is there
a representative of the Junta Patriotica here? Do we have a letter on this?
Nestor, are you paying attention? Do we have a letter on the Junta Patriotica,
a request? And lastly, we have a request by Elizabeth Virrick on Coconut Grove
Exhibition Center. Those are the three things that I have. There is also a
request that item 46 be heard this morning out of turn. There is another request
by the AIA and the Latin Builders that supplemental item number 1, which is
discussion of the proposed transition period for the effective date of the
new comprehensive zoning ordinance be heard at 11:30, because there are some
people that are going to speak to that that are not here today. Does anybody
else have some pocket items, or is here for some special things?
Mr. Tim Blake: Mr. Mayor, Tim Blake, Dade Heritage Trust, you asked me to
remind you of the book -publishing program proposal.
Mayor Ferre: Oh, yes.
02 31 1983
s1 ..MAY
4 #1
Mr. Blake: And also the matter of the Federal Jobs Bill, matching fund with
the federal monies to restore Dr. Jackson's.
Mayor Ferre: Dr. Jackson's home, right? All right, I will take you up as a
pocket item. Yes, sir.
Unidentified Speaker: The question of "Dance Miami" and the $25,000 grant
from the County Commission and the matching funds from the City.
Mayor Ferre: The problem is that Commissioner Carollo, who was the one who
made the resolution, and I think that out of courtesy to him, you are going
to have to wait for him. Is that a problem for you?
Unidentified Speaker: No.
Mayor Ferre: He should be here in a little while.
Mr. Plummer: Mr. Mayor, I received a call yesterday from your public relations'
man, who asked that....
Mayor Ferre: Which one?
Mr. Plummer: He sells Cadillacs up on the boulevard.
Mayor Ferre: As a matter of fact, I consider him to be a friend and a supporter,
by the way.
Mr. Plummer: He has requested that item 39 -he would like to be here to speak
on it- not be taken out of order.
Mayor Ferre: What is item 39?
Mr. Plummer: The Grand Prix.
Mayor Ferre: Is he opposed to it?
Mr. Plummer: Very much.
Mr. Garcia -Pedrosa: Mr. Mayor, there is one other item that we -are checking
on. It may be that the agenda omitted the D.D.A. expansion. If I could get
back to you on that, I would appreciate it.
Mayor Ferre: That is fine. Anybody else have anything else? We like to run
open meetings here. Now, we will start with Nat Chediak and the Film Festival.
Mr. Chediak, the Chair recognizes you.
Mr. Nat Chediak: We plan to hold the first annual Miami Film Festival in the
month of February for ten days next year, February of '84. We are doing this
in cooperation with the University of Miami. I am co -directing this event
with Dr. Steve Bols, who is here from the Universitv of Miami. The thrust
of this event is to continue the work that we have been doing for almost a
decade now, as far as international cinema is concerned, in making people aware
of what is actually the art of our time and bringing the different cultures
together in a city such as ours, which has such a rich and varied cosmopolitan
and ethnic variety. Basically, the thrust of this festival is poised towards
our constituents, our audience. We are not paking claims that we are going to
bring hordes of tourists down here, like other events have. However, we feel
that by the nature of the event which we are going to have, that considerable
national and international attention will be paid and will result in a dis-
tinguished event, which will give credit to our community.
Mayor Ferre; Mr. Chediak, what exactly is it that you want from the City of
iliawi?
Mr. Plummer: $5,000.
Mr. Chediak: We are requesting $20,000 in cash and $20,000 in in -kind services.
Mayor Ferre: Mr. Chediak, have you spoken to other members of the Commission?
I know you and some of your associates came to see me. I want to make sure that
everybody is aware of what this was.
sl Q3 VAX 311983
Mr. Chediak: Well, our coordinator, who visited the different Commissioners'
offices and presented their assistants with a copy of our proposal.
Mayor Ferre: I see.
Mr. Plummer: Excuse me, your proposal only asks of the City $20,000. I heard
you say $20,000 and $20,000.
Mr. Chediak: Well, $20,000 in cash and $20,000 in in -kind services.
Mr. Plummer: Well, your total budget of $238,000, according to your grants
that you show here, you are only showing a total of $20,000 from the City.
Mr. Chediak: Right, that is an omission. In other words, the $20,000 that
we are asking for there is the cash contribution from the City. The other
$20,000 would be just in -kind services, it would not be cash.
Mr. Plummer: Of the other grants that you show, I assume, proposed, how many
of them have you actually got?
Mr. Chediak: Well, so far, we have only obtained a grant from the Council of
Arts and Sciences.
Mr. Plummer: For how much?
Mr. Chediak: $2,000.
Mr. Plummer: That is 10% of what you asked.
Mr. Chediak: Right, but we were the only group this year which... The council
functions in supporting, on -going organizations. We were the first, the only
group, even though there was a serious cut -back this year, which was funded,
even though we were like a first group out. However, we are confident that we
will obtain considerable support also from the private sector and we count on
our own audience and patrons for additional support, so it is not as though we
are coming from the outside, you know, coming in. We are also before the
Florida Arts Council on the 9th and we are actively pursuing ... and we feel that
we will get the funds necessary to do the event.
----------------------------------------------------------------------------
Commissioner Carollo entered meeting at 9:28 A.M.
----------------------------------------------------------------------------
Mr. Perez: How many volunteers do you have in the staff? What I see here
is only professional staff. Do you have any volunteers?
Mr. Chediak: We hope we will have volunteer help from both our patrons plus
the University of Miami. The University of Miami is helping out with the
Knight Center providing office space and providing a total of in excess of
$60,000 in in -kind services.
Mayor Ferre: Nat, let me see if I can go back over the process. About six
or seven years ago a group of very distinguished Miamians helped to put together
a film festival. They literaly spent millions of dollars. It was a failure.
It was a failure because... it was a partial failure, partial success. They
didn't completely fail. But it was too big, too quick, too ambitious. It
ended up going down the drain because they spent too much money and they
didn't have proper guidance. At that time I told the chairperson of that
committee, Mrs. Blanca Rosenstiel, that we had a very talented Cuban -American
here by the name of Nat Chediak, who had a very successful theatre operation.
There were many people here who really knew the whole film industry. They
didn't pay attention. They had problems. Now, a few years later, Nat and his
associates, some from the University of Miami, some from the local art com-
munity, have come together and they are trying to put what I think is going
to be a small, aspiring film festival. In my opinion it makes a lot of sense.
The problem is how does the City of Miami intelligently participate in this.
We, as a community, need to do these types of things that will make Miami a
centerpiece. I don't think that we can compete with the New York Philharmonic
or the Israeli Philharmonic or what have you, but we certainly can do things
sl - 04
MAY 31 1983
k V
Mayor Ferre (CON'T): in areas such as jazz festivals with PACE, or film festivals
that are moderate and well-done, and maybe Gran Prixs if it doesn't rain. I
think it is incumbent upon us to encourage this. We have done some of it.
Calle Ocho has become an institution, Goombay Festival, Kwanza, and there are
others. But I think this is the proper approach. I say this with all due
respects to my friend, Bob Herman, I will always regret the day that J.L. and
I, I guess, were the only ones here ... no, I guess Carollo was here too...voted
$200,000 for that festival that....
Mr. Chediak: Ironically, now that you mention the New World Festival,
Dr. Bols who was they director of the film component of the New World Festival,
and mind you, it was the only segment of that festival which received absolutely
no promotion whatsoever and ironically turned out to be the most successful
component of that festival, because Dr.3ols and myself have our own constituents,
our own patrons.
Mayor Ferre: Well, what I would like to recommend, Nat, if it is all right with
everybody here is that, and perhaps somebody would like to make a motion, is
that we approve in principle the idea of a film festival, but let you negotiate
it with the Manager and let the Manager kind of guide us through this.
Mr. Carollo: So move.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 83-424
A MOTION APPROVING IN PRINCIPLE A REQUEST FOR
FUNDING AND IN -KIND SERVICES FOR A "FILM FESTIVAL"
TO BE STAGED IN THE CITY OF MIAMI AND DIRECTING
' THE ORGANIZERS OF SAID FESTIVAL TO NEGOTIATE THE
DETAILS WITH THE CITY MANAGER.
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.
3. GRANT REQUEST FOR FUNDING NOT TO EXCEED $1,395 OF ORGANIZERS
OF JUNTA PATRIOTICA CUBANA.
Mayor Ferre: There is a request from the Junta Patriotica for a waiver of
LCCS which we can't do, so we have to give them the money for rental of
Manuel Artime Hall in Little Havana for the purposes of... is it their annual
meeting?
sl 05 MAY 31 1983 _._
r]
sl
Mr. Carollo: No, Mr. Mayor, it is their annual convention, for a total of
$1,395, and I so move.
Mayor Ferre: Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoptio:i.
MOTION 83-425
A MOTION GRANTING A REQUEST MADE BY THE ORGANIZERS
OF THE "JUNTA PATRIOTICA CUBANA" AND DIRECTING THE
CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED
$1,395.00 -WHICH AMOUNT IS EQUAL TO THE RENT AT THE
MANUEL ARTIME COMMUNITY CENTER- AT WHICH PLACE AN
EVENT WILL BE HELD.
Upon being seconded by Commissioner Plummer, 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.
4. DIRECT CITY 14ANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $15,000
FOR WIPING OUT CURRENT DEBT INCURRED BY COCONUT GROVE CARES AND
REQUESTING C17i MANAGER TO ASSIST WITH FURTHER FUND RAISING
EFFORTS.
Mayor Ferre: Elizabeth Virrick, your turn. Mrs. Virrick, as you know, has
been valiantly trying to save Coconut Grove Cares. It first went into a boxing
program to help the disadvantaged kids in the Grove. Then she got into this
antique show. Our problem is that she has gone into debt a great deal. She
presently has a debt, including Coconut Grove Cares ... has a debt including
to Mrs. Virrick, who took half pay... she and some of her associates for quite
a long period of time. The question is whether or not we want to help her.
She came to see me. Miller, I want you to hear this. What I did was I
recommended to Mrs. Virrick that she come back here. She is presently paying
$6,000 rental on the hall. If we reduce that to $4,000 for a six month period,
that will get her completely out of debt. We'll be getting some pay, $4,000
per day. Is that per day or per week -end, Mrs. Virrick?
Mrs. Elizabeth Virrick: For the two days of the show, Saturday and Sunday
once a month.
Mayor Ferre: She is now paying $6,000. So, what I am recommending is we
six to four for six months. I told her that I was just one man's
opinion. That is subject to discussion.
Mr. riummer: Give her a grant instead of a reduction. I move the grant.
Mr. Dawkins: You know, I don't mind.... for six, eight, ten, twelve months
I see Coconut Cares... or whoever can talk Mrs. Virrick into coming here to
MAY 31 1983
Mr. Dawkins (CON'T): represent them, I see her. I'm begining to feel towards
Mrs. Virrick as I feel towards Mrs. Range. Anytime the Grove needs something,
send Mrs. Virrick. Just like anytime they need something in the Black com-
munity, send Mrs. Range. And you know, somewhere along the lines, we should
be able to wipe this thing out once and for all and do whatever the hell has
to be done so I do not have to see Mrs. Virrick down here every other week,
every other month for something. I'm like J.L. I think this Commission, I
won't say J.L., I think this Commission is ready to do whatever we have to do
to ... because if we don't all this is going to do is keep compounding itself
and everytime we look up, your organization or whoever encouraged you to come
is further in the hole. So, Mr. Mayor, I am with you. Whatever we can do to
square it away, let's square it away.
Mayor Ferre: If you want to do it that way, the way to do it that way is this.
Mrs. Virrick owes the City of Miami about $9,000. Is that right, Mrs. Virrick?
Mrs. Virrick: It depends on which program you are talking about.
Mayor Ferre: Wait, Mrs. Virrick.
Mr. Plummer: Which one are you here on?
Mayor Ferre: Mrs. Virrick, we are talking about the debt that Coconut Grove
Cares. I don't care which one of your programs owes the City of Miami. How -
much does Coconut Grove Cares owe the City of Miami as of now?
Mrs. Virrick: About that.
Mayor Ferre: About what? $9,000?
Mrs. Virrick: Something like that.
Mayor Ferre: In addition to that, you have about $2,000 or $3,000 of debt.
Is that correct?
Mrs. Virrick: Plus the money I have advanced out of my pocket.
Mayor Ferre: Yes, ma'am, I understand that.
Mr. Plummer: No, that is plus now.
Mayor Ferre: Well, how much is that?
Mrs. Virrick: I should have brought the person with me who knows all those
figure.
Mayor Ferre: More or less, Mrs. Virrick.
Mrs. Virrick: More or less, in that area, yes.
Mayor Ferre: $2,000 or $3,000. Well, I think then the motion should be
two -fold. One, that the City forget the pending debt for Coconut Grove
Cares.
Mr. Gary: How much is that?
Mr. Plummer: $16,683.25.
Mayor Ferre: Is that what they owe us? Mrs. Virrick, that wasn't what you
told me when you and I talked. You said $9,000.
Mr. Plummer: Plus the money that she herself has advanced.
Mayor Ferre: Oh, I see. The $16,000 includes everything.
rir. Plummer: It says here: amount needed-$16,683.25.
Mayor Ferre: Mr. Manager, can we pass this in general form not to exceed
$16....I think it is substantially less than that. And you come back and
report to us as to what you did.
07 MAY 31 1983
sl
Mr. Dawkins: But the only way I want to pass this is that anybody who signs
this as receiving it, acknowledged that I will not see them before this
Commission for anything. Now if they don't want to sign, I mean for this
bill... What I am saying is I'm for wiping it out. But they must acknowledge
upon receipt of whatever this Commission gives them now that henceforth and
forever more this is finished.
Mayor Ferre: For this year.
Mr. Plummer: I'll move it, Mr. Mayor.
Mrs. Virrick: Mr. Dawkins, do you mean as far as the Antique Show in concerned?
Mr. Dawkins: No, I mean Coconut Cares. Antique shows ... I don't buy antiques
and what have you. I do know that Coconut Cares cares for youngsters and
assists, those kinds of things that this Commission is interested in. When
it comes to buying antiques and things, we are not interested in.
Mayor Ferre: Mrs. Virrick, I would recommend that you heed the Commissioners'
statements. Basically, what this does is it puts you back on the ground. You
are no longer drowning now. Coconut Grove Cares is deeply in debt. This will
wipe out the debt.
Mrs. Virrick: Mr. Dawkins implied, if I understood him correctly, that we
would never come back to this City Commission for help again for any of our
programs. I can't promise that.
Mr. Dawkins: No, ma'am, I didn't mean that. I mean...let me say it so you
and I are on the same wave length. Mrs. Virrick, I am very, very tired of
seeing you at that podium.
Mrs. Virrick: I'm sorry.
:-4. Dawkins:..every other day, every other week, for Coconut Cares. I also
note that under no circumstances, have you allowed or abused any funds any
kind of a way. Everything that you have done out of the goodness of your
heart was for the City of Miami. I do not feel that at your age, I should
constantly see you down here with these problems. So, I'm saying let's
wipe these problems out now for this year. The City of Miami is here to
assist you in any way that we can to help the City of Miami. So, no, ma'am,
I don't mean that you should never come back. But I am hoping that with
this recurring problem that gets you out of your bed and stop you from having
your tea and cookies to come here, that we wipe it out.
Mayor Ferre: Miller, I agree with everything you said ... wait a minute, Elizabeth,
except the reference to her age. The only thing wrong with her is that she
smokes two packs of cigarettes a day.
Mr. Dawkins: You are going to have cancer.
Mayor Ferre: If she stops smoking two packs of cigarettes a day, she would
not have any problems.
Mrs. Virrick: One pack.
Mr. Plummer: Wait, I stand corrected, that figure which I gave you is her
second request. That was for the local development corporation of Coconut
Grove. The first request is for....
Mrs. Virrick: It is not my agency.
Mr. Plummer: Oh, no, I'm sorry. I stand corrected. It is $14,124,70.
Mayor Ferre: It was $9,000 plus what is owed to the City of Miami and a
couple of thousand dollars....
Mr. Plummer: Let me make a motion that this Commission instructs the Manager
that it is our intent that we wish to wipe clean and let them start anew and
the Manager can deal with that accordingly.
sl 08
MAY 31 198:
4k t
Mayor Ferre: Including their outstanding debts other than the City of Miami,
because there are $2,000 or $3,000 owed to Elizabeth.
Mrs. Virrick: Mr. Mayor, that $2,000 reduction on our rent for the next
six months will not wipe us clear.
6
Mayor Ferre: Mrs. Virrick, we are not doing that now. The Manager is going
to report back to the Commission, meet with your people, and come back with
a recommendation to help our Coconut Grove Cares and the Antique Show.
Mrs. Virrick: That is what you are passing row?
Mayor Ferre: Yes, ma'am.
Mrs. Virrick: Then we get in touch with Mr. Gary?
Mayor Ferre: Yes, ma'am. Well, Mr. Gary will appoint somebody that will
contact you. Who is that going to be?
Mr. Gary: I will be personally involved along with Cesar Odio.
Mayor Ferre: Cesar Odio will call you. Are there any other? Who seconds
it?
Mr. Gary: Mr. Mayor, I get the gist of the City Commission is that whatever
that is necessary to get her back on ground level, that we go ahead and im-
plement it without bringing it back to the Commission.
Mayor Ferre: No, no, I think you need to tell us... I think up to $15,000.
If it goes beyond that, we need to talk about it, yes.
Mr. Gary: O.K.
Mayor Ferre: If they open up the books, and suppose they have $30,000 worth
of debt. God knows how much he owes. Plummer, do you move it?
Mr. Plummer: Yes, sir.
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Carollo seconds. Further discussion?
Mr. Plummer: Under discussion, let me bring it up now. Mr. Gary, I want to ■
tell you, as it relates directly to Coconut Grove Cares but indirectly as it
relates to the operation of that auditorium, I have gone over these expenses
that are being charged to a charitable organization. It would seem like to me
when you are charging $3,000 a day rental for that auditorium, you are also
charging $360 a day for a custodian. I know the place has to be clean, but
it would seem like to me, that would be included in the rental. The licenses
are additional. To rent that auditorium right now you are talking about in
addition of $4,000 a day. I want to tell you, I think you are going to show
a deficit on that auditorium. I just hope you will review these costs, look
at them, and try to keep a long -run in mind. _
Mr. Gary: Are you saying they are too low or too high?
Mr. Plummer: No, I'm saying they are too high.
Mr. Gary: Well, we did a study and we brought it before the City Commission
which raised the rates but made us competitive with comparable facilities in
the area as well as within this region. And you will find that our rates are
still lower than Miami Beach. I also like to point to your attention that
the Convention Center, the auditorium downtown, as well as the Miamarina are
losing money. We have been having a deficit running for each one of those
facilities of approximately $200,000 a year. As a result of the drain of the
General Fund, as wall as the financial condition of those facilities, as it is
viewed by the bond rating companies, we had to increase our rates, taking into
sl 09
MAY 311983
Mr. Gary (CON'T): consideration that we had to be competitive with Miami Beach.
So our rates are still lower than Miami Beach and in my estimation they are lower
compared to the current deficits we have in those facilities.
Mr. Plummer: Mr. Gary, come back at the next meeting and tell me what percentage
our of 365 days a year that received play. I think your problem is you have
raised your rates without trying to put an incentive for more use. I think
based on that is where you are having to come up with such a high figure. I
believe that figure could be reduced. It could be utilized more, if in fact
there were incentives to use it. That is all I'm saying.
Mrs. Virrick: Are you saying that we should raise our rents, our rates?
Mr. Plummer: No, ma'am.
Mr. Gary: No.
Mrs. Virrick: Well, I think we should. I think we will. We are discussing it
now. Because we can't continue to have that expense at the present amount that
we charge, not only to come and see the show, but for the dealers who display
their wares at our show.
Mr. Plummer: Mrs. Virrick, you, as a private organization, have that right to
set your rates and to set everything that you provide, that is not the City.
We are just leasing you a facility.
Mrs. Virrick: I thought that was what he said. I misunderstood.
Mayor Ferre: Thank you very much.
Mrs. Virrick: Now what is it that you have decided?
Mayor Ferre: We have decided to grant you up to maybe, up to $15,000, depending
as to what your debts are so we can wipe the slate clean for you.
Mr. Dawkins: If I see you anymore before December 31st, I'll just have to tell
you no.
Mrs. Virrick: Mr. Dawkins, I'm sorry you hate the sight of me so badly, but let
me tell you something. I don't enjoy coming up.
Mr. Dawkins: I know that, darling.
Mrs. Virrick; And I don't do it for myself.
Mr. Dawkins: I know that too.
Mr. Plummer: Mrs. Virrick, don't worry about it. We'll let you know when
Commissioner Dawkins is not going to be here.
Mayor Ferre: Further discussion?
Mr. Dawkins: Have a good day, darling.
Mayor Ferre: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 83-426
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE AN AMOUNT OF NOT TO EXCEED $15,000 FOR THE
PURPOSE OF WIPING OUT CURRENT DEBT INCURRED BY "COCONUT
GROVE CARES"; FURTHER DIRECTING THE CITY MANAGER TO COME
BACK WITH A RECOMMENDATION AS TO HOW THE CITY MAY ASSIST
"COCONUT GROVE CARES" IN THE STAGING OF THE ANTIQUE SHOW
WHICH WILL BE HELD AT THE COCONUT GROVE EXHIBITION HALL
IN ORDER TO RAISE FUNDS FOR SAID ORGANIZATION.
10
MAY 31 1983
0
Upon being seconded by Commissioner Carollo, 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.
5. APPROVE REQUEST MADE BY DADE HERITAGE TRUST FOR AN AMOUNT NOT TO
EXCEED $5,000 FOR A FEASIBILITY"STUDY OF A BOOK OR SERIES OF BOOKS
ABOUT MIAMI.
Mayor Ferre: We have the Dade Heritage Trust here?
Mr. Tim Blake: Before I begin, Mr. Mayor, on behalf of the Trust, I would like
to present each of the Commissioners and the City Manager our new magazine, you
have possibly seen it, called "Preservation Today," featuring the Miami River.
Mayor Ferre: By the way, it was an excellent magazine. That is the first issue,
isn't it? Yes, it is well done. I saw it the other day. Thank you for bringing
it to us directly.
Mr. Blake: Our editor and first vice-president, Becky Matcov was here, Mr.
Mayor and Commissioners. I would like to have everyone meet her. This is our
new editor of preservation today. Before you ... Mr. Mayor, is the proposal often
discussed requesting an economic feasibility study regarding appropriate publication
of a book that tells the world about Miami the way we here in Miami would like to
see it told. We have a two and a half page proposal. It has been written and
circulated. It has been taken to the City Manager's office.
Mayor Ferre: When was that, Tim?
Mr. Blake: This was over a month and a half or two months ago, at your last
request. We have talked with....
Mayor Ferre: Tell us exactly what it is that you want to do with this.
Mr. Blake: Miami needs a book about Miami, perhaps a series of books that each
of us can be proud to own and to give, books that represent the best of our
City.
Mayor Ferre: Wait, hold on, because you are reading a statement and people
drift on that. Charlotte, is this the one we talked about a year ago that we
were going to get books so that when we went to different places, Bogota and
what have you, we would have something to give out?
Mr. Blake: Yes.
uayor Ferre: All right, and the request was for how much?
Mr. Blake: It was for $5,000.
Mayor Ferre: For what purpose?
Mr. Blake: The study. It is rather detailed here, your Honor. It has to do
with economic feasibility studies to discuss the subject matter needs, artistic
requirements, and the production and distribution of the book.
- Sl __ MAY 31 1983
u _ _
4b 14
Mr. Gary: Mr. Mayor, if I may, if you recall for the last two years we have had
a number of groups coming before the City Commission requesting the publication
of a brochure, book, or magazine that deals with specific areas: the Garment Area,
the Fashion Area, Dade Heritage Trust. We have had Coconut Grove and other groups.
We were inundated with these requests. At your recommendation, you provided me
with a book that was done in California, which tends to compile all the positive
information about Miami as it relates to these various segments so we can compile
it in one book and be cost efficient, as well as distribute it in a manner where
people can see Miami in a very comprehensive mode.
Mayor Ferre: Howard, excuse me for a second, because I have my son calling me
long distance from Boston and I have to take the call. But you see, rather than
with all due respects to Murray Pelsman and the guys in the 20th Street District
and what have you, I would rather really put our money into a Dade Heritage
Foundation, because I think they are going to come up with a work product that
I think is going to be something that we can all be proud of, you know, that
would show Miami the way we want it shown. That doesn't mean that we won't do
one for Little Havana and one for Coconut Grove, and what have you...
Mr. Blake: This could be a series of books, your Honor. It has nothing to do
_ with this "Preservation Today" magazine. This is our own organization's magazine.
This has to do with either a book or possible series of books that can be used
on behalf of the Commission and by the City of Miami to present a wonderful,
positive image about Miami, similar to the type of book that the Mayor gave to
you, Mr. City Manager. This is a study. We have met at length with the Mayor.
We have discussed it with your staff. This is the $5,000 that we are requesting
to come up with the plan and the appropriate guidelines.
Mr. Plummer: What is the total cost of the book?
Mr. Blake: That we don't know. That is what the proposal is going to show,
what the distribution should be, what the artistic quality should be, who the
author should be, what the content should be, should it feature Miami in a
neighborhood setting, should it feature Miami in certain other settings. It
has been before the Commission under general discussion on two other occasions,
Commissioner Plummer. It was referred to the County Manager's staff and we
haven't seen it for a while.
Mr. Plummer: Mr. Gary.
Mr. Gary: Mr. Mayor, members of the Commission, I think what he is recommending
is a good idea, as I said earlier. My only problem with it is that what he is
doing, what he is recommending that you do is, in my estimation, a duplication
of what this Commission had agreed to earlier; that we should have one comprehensive ■
book about Miami so that we can present nationally and internationally. I think
what he is doing should be a part of the program of the book that we are developing
right now.
Mayor Ferre: Howard, are you recommending this?
Mr. Gary: I am recommending it only if it is a part of the total book, which
includes economics as well as other parts of it.
Mayor Ferre: You tell them that. Is there a motion on this?
Mr. Plummer: I move that we move it to the Manager and let him talk it out with
these people and then come back with a recommendation.
Mayor Ferre: Can we do it a little bit stronger than that, J.L. Can we move
it in the intent that we move ahead. We have been playing around with this
thing for a year. But let the Manager do the final negotiation.
Mr. Plummer: We move it in principle.
Mayor Ferre: Does anybody second that?
Mr. Perez: Second.
sl 12
MAY 31 1983
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Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 83-427
A MOTION APPROVING IN PRINCIPLE REQUEST MADE BY MR. TIM
BLAKE, OF DADE HERITAGE TRUST, FOR AN AMOUNT OF NOT TO
EXCEED $5,000 TO BE USED FOR A FEASIBILITY STUDY ON THE
POSSIBLE PUBLICATION OF A BOOK OR A SERIES OF BOOKS ABOUT
"MIAMI".
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 -
ON ROLL CALL:
Mr. Dawkins: In principle only.
6. DIRECT CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $16,000
FOR MATCHING FUNDS FOR COMPLETION OF RESTORATION OF DR. JACKSON'S
HOME AND COMPLETION OF CONSERVATORY AND PRESERVATION LIBRARY.
Mr. Blake: Mr. Mayor, the other proposal that was distributed to you, I think
copies have been made available to the other Commissioners, I'm not quite sure.
Last week they were, in line with the Jobs Bill coming out of Washington, over
a half a million dollars is being made available throughout the nation. The
State of Florida is going to receive... excuse me, it was many, many millions,
but the State of Florida is going to receive about a half a million. These •
are funds available to buildings on the National Register of Historic Places.
Our own Dr. Jackson's at 190 S.E. 12th Terrace, owned by the City of Miami is
one such facility that is eligible for this matching fund distributed through
the State of Florida Bureau of Historic Preservation in the Secretary of State's
office. We are asking for a matching fund commitment of $11,000 to be matched
by these federal funds to finish restoring Dr. Jackson's home, plus $5,000 by
the City of Miami alone to finish the exhibition regarding the conservatory
and the preservation library.
Mayor Ferre: Mr. Manager, do you have any recommendations on this?
Mr. Blake: This is meant to be on line. The vote in Tallahassee is going
to be next month. It will put people back to work. We are going to have
to advance the funds first, and then get them....
Mayor Ferre: Well, we own the property. Don't we?
Mr. Blake: Yes, the City of Miami owns the property and have a long-term
lease with Dade Heritage Trust.
Mayor Ferre: And it is certainly one of the great advances, I think, that
the City has made in preservation. If this is a way to get matching funds,
then that is an offer that is hard to refuse.
sl 13
MAY 31 1983
It
Mr. Gary: Mr. Mayor, unfortunately I was not aware of this particular proposal.
I think that is why it is good that we follow the policy that things come before
the Manager before they come before you. If you look on item 49 on the agenda,
we have discussion of Community Development Jobs Program. This is the same
jobs program, I think, that he is referring to here. What we are estimating
is that the City of Miami will be entitled to approximately $2,700,000. We
have suggested that this program be targeted to Overtown, which is in dire
need of rehabilitation and housing since 1960 in terms of promises that have
been made and not fulfilled; in terms, also, of the needs and the condition of
those houses, we have recommended that the monies be used here. I think it
would probably be appropriate without me recommending to you no on this particular
project, for me to sit down immediately with the gentlemen here to review this
proposal, because I think his proposal, in terms of Dr. James M. Jackson's
building, I think is what it is....
Mr. Blake: Yes.
Mr. Gary: ....is a terrific proposal, but I need to look at the proposal more
in detail in terms of also the federal regulations.
Mr. Blake: For clarification, I would point out that these would not come from
your other funds. These are specifically allocated by the U.S. Congress just
for historic landmark buildings. We want to get our share of the money here _
in Miami and Dade County. The rest of the State is going to be there fighting
for it, Mayor.
Mr. Gary: I think that is a good idea.
Mayor Ferre: Tim, let me do it this way. I will make a motion that provided
that it meets with the Manager's approval and provided that the funds to be
granted by the federal government do not conflict with any other jobs bill
funds and come strictly from the historical preservation funds earmarked by
Congress, that we vigorously and immediately apply for these funds.
Mr. Plummer: Is there a second to that motion?
Mr. Perez: Second.
Mr. Plummer: Seconded by Commissioner Perez. Any discussion? Call the roll.
The following motion was introduced by Mayor Ferre, who moved
its adoption.
MOTION 83-428
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO ALLOCATE AN AMOUNT OF NOT TO EXCEED $16,000 PURSUANT
TO A REQUEST MADE BY TIM BLAKE OF DADE HERITAGE TRUST,
AS FOLLOWS:
a) $11,000 AS MATCHING FUNDS TO BE USED FOR THE
COMPLETION OF THE RESTORATION OF DR. JACKSON'S
HOME; AND
b) $5,000 FOR THE COMPLETION OF A CONSERVATORY AND
PRESERVATION LIBRARY; PROVIDED, HOWEVER, THAT
THIS REQUEST MEETS WITH THE CITY MANAGER'S
APPROVAL AND PROVIDED THAT THIS ALLOCATION OF
FUNDS DOES NOT CONFLICT WITH ANY OTHER PROGRAM(S)
SAID FUNDS MAY HAVE BEEN DESIGNATED FOR; AND
c) FURTHER STIPULATING THAT APPLICATION BE MADE AS
HEREINABOVE APPROVED.
0
sl 14
MAY 31 1983
0
it
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
6.1 BRIEF DISCUSSION:
COCONUT GROVZ DEVELOPMENT. C.B.O.
Mayor Ferre: Are there any other pocket items?
Mr. Dawkins: One pocket item, I was just told by the Coconut Grove Development
that we, the City, Mr. Gary, Commission authorized $8,000 for them and for some
reason Mrs. Gallogly or Mr. Manager has a hang-up and it has not been given out.
Can you bring me up to date on where it is, or how they can get it, or what we
have to do, Mr. Gary.
Mr. Gary: Yes, sir, this came up at the last two meeting. At the last meeting
you authorized us to grant a certain amount of funds on the condition that they
make payment to us for the money that they are liable for. I think that was
approximately $6,000. Once we receive that money, we would give them the
additional money to continue their program and bring them up to par with other
C.B.O.s in the area. So if they have paid their portion of the money they
are supposed to pay, we have no problem giving them their check. I will check
with staff to find out what the status of that.
Mr. Dawkins: They did pay the $6,000?
Mr. Gary: If they did, then we should give them their check.
Mr. Dawkins: Can I find out from your staff? Will you find out if they paid it _
or not, Mr. Gary, please?
Mr. Gary: I have been informed, Commissioner Dawkins, that they still owe us
$2,600. As soon as that is paid, then we can release the funds.
Mr. Plummer: I am in receipt of a note that says all outstanding funds due _
the City $2,618.96 have been resolved in a check to be delivered today.
Mr. Gary: That is good.
Mr. Dawkins: Thank you, Mr. Gary. Thank you, Mr. Mayor, that is all I have.
sl
11
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7. AUTHORIZE CITY :TANAGER TO EXECUTE AGREMIENT, BUS BENCHES COMPANY.
Mayor Ferre: I have two requests here. One is that we take up item 46 out of
turn, which we are about to do. Does anybody have any objections to that? The
other request is that we, as soon as Commissioner Carollo comes back, we are
going to get into the zoning appointments because there are some people who
waited for almost twelve hours at the last Commission meeting on the zoning
appointments. I think our of courtesy to those who have been waiting so long,
we ought to get on to the appointments of the zoning vacancies. We will now
take up item 46, Mr. Manager.
Mr. Gary: Mr. Mayor, this is an item we brought before you at the last meeting,
which authorizes me to execute an agreement for bus bench shelters in the City
of Miami; 1,000 units: 500 to be commercial with advertising and 500 without
advertising. Whereby the City will receive $55,000 per year minimum in rental.
The issues outstanding are two. One is the securing of the benches. The `
second is the political advertising, if I recall, on those benches. We have
the representatives from the firm here. We support this agreement. We
encourage the City Commission to exercise it, primarily because bus benches
shelters now are running out of hand in terms of maintenance, where they are
located, and also the types of advertising that are on them.
Mr. Murray Dubbin: Mr. Mayor, members of the Commission, I have nothing really
further to say. It seems to me it is a rather simple issue before you. The
City Manager, I will tell you, followed the bid specifications very, very
carefully and accurately. The document before you tracks the language of
the bid specifications, which were published three years ago. We were the
successful bidder a few months after that and we are ready to go to work. We
urge that you adopt the recommendation of the Manager.
Mayor Ferre: Is there a motion?
Mr. Plummer: Question to the Manager: Mr. Manager, you indicated there were
two areas yet to be resolved.
Mr. Gary: No, they have been resolved.
Mr. Dawkins: And the local company that is going to do this?
Mr. Dubbin: Mr. Dawkins, the majority stockholder at this time is Lynn Wolfson.
Originally the majority stockholders were Louis and Lyn Wolfson. Louis died
a year and a half ago and Lynn became the primary stockholder. She owns about
80% of the stock. Her father owns about 9% and her former brother-in-law owns
12%.
Mr. Dawkins: So it is locally owned.
Mr. Dubbin: They are locally owned and will continue to be locally owned.
Mayor Ferre: Further discussion? Is there a motion?
Mr. Plummer: Mr. Mayor, I move it.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? Call the roll on item 46.
16
_. MAY 31 1983
0
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 83-429
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED WITH
BUS BENCHES COMPANY TO PROVIDE BUS BENCHES WITH AND
WITHOUT ADVERTISING IN THE PUBLIC RIGHTS OF WAY.
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor :Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
8. PERSONAL APPEARANCE: CHARLES HADLEY REPRESENTING POOR PEOPLE.
Mayor Ferre: Mr. Hadley, are you... is that patch for... are you going to do
some ads for Hathaway Shirts now? That patch, you know, sometimes they come
out with advertising for Hathaway Shirts. I was wondering if you were advertising
Hathaway Shirts today.
INAUDIBLE RESPONSE NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Mr. Hadley, I can't allow you to do that now. No, sir. This
is not the time. I will recognize you at the proper time.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Thank you, Uncle Charlie.
1'7
MAY 31 1983
4
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9. GRANT REQUEST MADE BY DOWNTOWN MERCHANTS' ASSOCIATION FOR SIDE-
WALK SALE FLAGLER STREET, JUNE 18, 1983.
Mayor Ferre: We now are going to take up item 50, which is a special request
on an emergency basis. Mr. Gort.
Mr. Wilfredo Gort: Mr. Mayor, Members of the Commission, my name is Wilfredo
Gort. I reside at 2660 N.W. 14th Avenue. I am with the Downtown Business
Association. I am here respectfully requesting to be allowed to have a sidewalk
sale on Fathers' Day weekend, Saturday, June 18th.
Mr. Gary: I have no problem with that.
Mr. Plummer: I move it, Mr. Mayor.
Mayor Ferre: Is there a second? Further discussion?
Mr. Plummer: For the record, it has been before the Manager and he indicates
he has no problem.
Mr. Gary: All we have to do is sit down with him and the police and we will
work it out.
Mayor Ferre: Further discussion on item 50? Call the roll.
1he following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 83-430
A MOTION GRANTING A REQUEST MADE BY MR. WILFREDO GORT
REPRESENTING THE DOWNTOWN MERCHANTS' ASSOCIATION TO HAVE
A SIDEWALK SALE ON FLAGLER ST. ON JUNE 18, 1983.
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
$
sl MAY 3 11983
41
------ ----- ----------------------------------
NOTE FOR THE RECORD: Agenda Items 12, 13, 14 and 15 were continued to the
next Planning and Zoning meeting.
10. BRIEF DISCUSSION AND DEFERRAL TO JUNE PLANNING AND ZONING "IEETING
OF REQUEST FOR CHANGE OF ZONING, 2745, 2755, 2803, 2815, 2823
COCONUT AVENUE
Mayor Ferre: We are on Agenda Item 18 on First Reading. Application by
Jean Dolan and James Merrick Smith. All right.
Ms. Jean Dolan: Mr. Mayor, we are asking for continuance on this item also.
Mayor Ferre: For what purpose?
Ms. Dolan: Legal Counsel had a conflict of interest and we had to make a
change suddenly and we weren't able to make the application for change before
coming before this Commission.
Mayor Ferre: Okay. Any objections?
Mr. Plummer: Excuse me. For the record, are you Jean Dolan?
Ms. Dolan: Yes, I am. I am so sorry. I am Jean Dolan, Penthouse 61,
Grove Isle, Coconut Grove.
Mr. Plummer: And James Mrrick Smith?
Ms. Dolan: Is not here at this time. I have Power of Attorney.
Mayor Ferre: Well, she is asking for a continuance because of the fact that
she wasn't able to get her lawyer to make a ... does anybody object to that?
Mr. Plummer: Is there anybody in the audience that is here for Item Number 18?
Mayor Ferre: Are you here as opponents? Yes, we have seven or eight ladies
and one gentlemen who are here as opponents.
Mr. Plummer: Would it cause you any great hardship to come back on the 15th
of June? So moved, Mr. Mayor.
Mayor Ferre: Wait a minute, let's make sure now.
Mr. Plummer: I saw them indicate no.
Mayor Ferre: Anybody have any objections to that? We apologize for the in-
convenience. It has been moved by Commissioner Plummer. Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: That the item be continued to the 15th. Seconded by Dawkins.
Further discussion. Call the roll.
UPON MOTION made by Commissioner Plummer and seconded by Commissioner
Dawkins, Agenda Item 18 was continued to the next Zoning Meeting by the follow-
ing vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
19 MAY 31 1983
Mr. Plummer: Does that also apply to Item 19?
Ms. Dolan: Yes, it does.
Mayor Ferre: So let the record reflect, unless there are objectors, that the
vote we just took was for 18 and 19.
11. FIRST READING ORDINANCE: ADD HC-1 HERITAGE CONSERVATION OVERLAY
DISTRICT ZONING ORD. 9500 TO OLYMPIA THEATRE/GUSMAN CULTURAL
CENTER.
Mayor Ferre: We are now on Item Number 20, General Use Heritage Conservation
at the Olympia Theatre and office building Gusman Hall. Department recommends
approval. Heritage Conservation Board recommended approval. The Planning
Advisory Board recommended approval.
Mr. Plummer: Where is Mr. Carlton? I saw him around here. Are you in favor
of this? -
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Plummer: So moved.
Mr. Gary: And you own the building.
Mayor Ferre: Moved by Plummer. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Second by Perez. Further discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500 THE
ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY APPLYING THE RC-1 GENERAL USE
HERITAGE CONSERVATION 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 ATLAS MADE A PART OF
SAID ORDINANCE NO. 95001 BY REFERENCE AND
DESCRIPTION IN ARTICLE 31 SECTION 300,
THEREOF; BY REPEALING ALL ORDINANCES, CODE
SECTIONS, OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the members of the MAY 1
public. 1983
�� 3
0,
ld
12. FIRST READING ORDINANCE: ADD HC-1 GENERAL USE HERITAGE CONSER-
VATION OVERLAY DISTRICT TO ZONING ORDINANCE 9500, FLAGLER
WORKER;S HOUSE LOCATED AT FT. DALLAS PARK.
Mayor Ferre: Agenda Item Nunb er 22. Is there anybody here for the Flagler
Worker's House located in Fort Dallas Park? Now, Whipple, you know who awns
that - the City of Miami. Do you think you can speak for the City of Miami?
W. (Ary: We support it.
It. Plummer: Ibve it.
rayor Ferre: Item 22 has been moved by Plummer. Is there a second?
ICY. Perez: Second by Perez.
Myor Ferre: Second by Perez: Further discussion? All right, 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 CONSERVATION OVERLAY DISTRICT TO THE
"FLAGLER WORKER'S HOUSE", LOCATED IN FT.
DALLAS PARR, BEING APPROXIMATELY 60-64
NORTHEA.3T 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, SECTION 300, THEREOF: BY REPEALING
ALL ORDINANCES, CODE SECTIONS, OR PARTS
THEREOF IN CONFLICT AND CONTAINING A SEVERA-
BILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
AYES: Commissioner Mller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice- Mayor J. L. Plummer, Jr.
Payor Iturice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
The City Attorney read the ordinance into the public record and
announced that copies were available to the menbers of the City
Commission and to the meub ers of the public.
21 MAY 31 1983
0 I
13. FIRST READING ORDINANCE: ADD HC-1 GENERAL USE HERITA (E CONSER-
VATION OVERLAY DISTRICT TO ZININ G ORDINANCE 9500, FIRE STATION
N0. 4.
Myor Ferre: Take up Agenda Item Nurb er 23.
It. Plummer: We own that.
;hyor Ferre: Fire Station Nunber 4. Plummer recommends.
W. Plummer: That is the old station Nunn er 4.
Ihyor Ferre: That is right. Planning Department, Heritage Conservation,
Planning Advisory Board all recommend it.
,Y. Plummer: I move it.
Ihyor Ferre: Plummer moves.
Mr. Perez: Second.
Ix. Plummer: I also move that if the !hnager doesn't do something with it, if
nothing more than to make it look like not a dump - that place is a disgrace!
Mayor Ferre: Perez seconds. Read the ordinance.
W. Plummer: No, not a paint job. All the w indows have b een knocked out. The
doors have been knocked dawn. You can use it almost for an alcoholic center,
because that is all it is filled with.
Mayor Ferre: Further discussion on the Plummer Alcoholic Center? (LAU GiTER)
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 CONSERVATION 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 SEVER —
ABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
AYES: Commissioner Mller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice-Ihyor J. L. Plummer, Jr.
%yor lturice A. Ferre
*•arc: None
ABSENT: ' Commissioner Joe Carollo
The City Attorney read the ordinance into the public record and
announced that copies were available to the meab ers of the City
Commission and to the members of the ptb lic.
22 - MAY 31 1983
ld
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NOTE FOR THE RECORD: Agenda Items 24, 25 and 26 were continued.
------------------------------------------------------------------------------
14. BRIEF DISCUSSION OF EXTENSION OF VARIANCE FOR CONSTRUCTION OF
CRYSTAL TOWER LOCATED AT 1198 S. BAYSHORE DRIVE. (See later
Label 21, same meeting).
Mayor Ferre: Yes, we are on Item Number 27 - application by Sophal, Inc. for
one year extension - a variance to permit construction of an office building
at 1198 South Bayshore Drive. The Planning Department recommended denial, the
Zoning Board recommended it unanimously - that is so we can keep our averages
right. Is that correct? We get that 93% average?
Mr. Whipple: Whatever, Mr. Mayor.
Mayor Ferre: Okay, tell me why you are recommending a denial.
Mr. Whipple: Well, Mr. Mayor, when this originally came up before the Zoning
Board was shortly after we had revised the RCB zoning district and we had just
revised the RCB district, we felt that the variances were out of order, The
Zoning Board did go ahead and recommend approval of those variances and we
appealed that decision to the City Commission. Ultimately this City Commission
upheld the approval of the Zoning Board, overruling the Department's appeal.
We just wanted to bring to your attention that was the Department's status at
that time. However, based upon that decision, we have no objection to the
extension of the requested variances.
Mayor Ferre:
You have no objections, you say?
.
Mr. Whipple:
To the extension of the variances.
Mayor Ferre:
I've got you. Okay. Is there a spokesman here for the extension?
Mr. Dawkins:
You still object, at the Planning Department?
Mr. Whipple:
Yes, sir. We maintain our recommended denial.
Mr. Dawkins:
You still have the position to deny? But you have no
problems _
with extending the right for them to wait for our denial?
Mayor Ferre:
Okay, does anyone here represent Sophal?
Mr. Plummer:
I move it be deferred.
Mayor Ferre:
Tell the people at Sophal that the Commission expects
them to -
be present.
If they want an extension, the least they can do is be
present
and explain
why they are requesting for a deferral.
Mr. Plummer:
Continue to the next meeting.
Mr. Perez-Lugones:
Mr. Mayor, the owner was properly notified.
Mayor Ferre:
Tell me again.
Mr. Perez-Lugones: The owner of the property was properly notifed
of this
meeting.
Mayor Ferre:
He was notified?
VLr. rerez-Lugones: It is their request for an extension.
Mayor Ferre:
I realize that!
Mr. Perez-Lugones: And they were properly notified to be here.
23 MAY 31 1983
id --
Mayor Ferre: Thank you for telling me that and what Commissioner Plummer is
saving is that we like to ask the people who are requesting the City to give
an extension, to be present to explain and answer questions for the extension,
in other words, we want to know why the deferral is requested. So, you tell
Mr. Sophal, or whoever they are that they should be present. There is a
motion by Plummer - seconded by Dawkins that Item Number 27 be continued.
Further discussion? Call the roll.
Mr. Plummer: You can further tell them that if they are not here at the next
meeting, I will move for denial.
Mr. Garcia -Pedrosa: That is the next P & Z meeting, Commissioner?
Mr. Plummer: You are correct.
Mayor Ferre: Next zoning meeting.
Mr. Plummer: Yes, June 15th.
UPON MOTION by Commissioner Plummer and seconded by Commissioner Dawkins,
this item was continued to June 15th by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
15. BRIEF DISCUSSION AND DEFERRAL OF CONSIDERATION OF REVIEW OF DRIVE
IN TELLERS LOCATED AT 100 N.W. 12 AVENUE, SUN BANK OF MIAMI,
CONTINUED TO JUNE 15TH MEETING.
Mayor Ferre: We are on Item Number 28.
Mr. Plummer: Can I see a plot plan of 28? Who is here representing Sun
Bank? Is the representative of Sun Bank here?
Mayor Ferre: Is there a representative of Sun Bank present? We are on
Item 28.
Mr. Plummer: Is there a representative of Sun Bank here? I move this item
be continued to the next meeting.
Mr. Dawkins: Second.
Mayor Ferre: There is a motion and a second. Further discussion? Call
the roll.
UPON MOTION by Commissioner Plummer and seconded by Commissioner Dawkins,
this item was continued to June 15th by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
" r.% . ommissioner Joe Carollo
ld
24
MAY 31 1363
0
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NOTE FOR THE RECORD: Agenda Item 29 was continued.
16. PERMIT CONTINUED OPERATION OF CO1'rLMUNITY BASED RESIDENTIAL FACILITY
CRISIS NURSERY, LOCATED 3175 JACKSON AVENUE.
Mayor Ferre: All right, is there a motion on Item Number 30? This is Crisis
Nursery. Is there somebody here representing Crisis Nursery? Is that you,
Ma'am? Would you step forward and give us your name and address for the record?
This is resolution 82-462, which granted approval for the operation of community
based residential facilities located at 3175 Jackson Avenue.
Ms. Gloria Simmons: My name is Glorida•Simmons, and I am Associate Director
of Camp Resource Center, 5760 S. W. 64 Place.
Mr. Plummer: And what is it you are proposing to do here?
Ms. Simmons: Well, we have an annual review. You permitted us to use the
facility and we were just to come back in a year to review it.
Mayor Ferre: As you will recall, we said that we would review this on a
periodic basis and I guess you are here to report to us. Mr. Manager, what is
your recommendation on Item 30?
Mr. Gary: Mr. Mayor, we recommend that you continue to allow them to utilize
this facility as she said. However, Mr. Mayor, before then, I think it may be
appropriate to ask anybody in the audience who may be affected if they may
want to have any comments, but we recommend approval.
Mr. Plummer: Is there anyone here for or against Item 30?
Mayor Ferre: Is there anybody here who wishes to speak on Item 30, other
than this lady?
Mr. Plummer: I move that we extend it for another year.
Mayor Ferre: Plummer moves.
Mr. Perez: Second
Mayor Ferre: Second - further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION NO. 83-431
A MOTION TO GRANT APPROVAL FOR THE CONTINUED OPERATION OF
THE COMMUNITY BASED RESIDENTIAL FACILITY ("Crisis Nursery"),
LOCATED AT 3175 JACKSON AVENUE.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
25
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MAY 31 1983
4
40
17. DISCUSSION ITEM: REVIEW OF R-82-460 AND R-82-461, WHICH
GRANTED APPROVAL OF THE MIAMI HERALD PROJECT.
Mayor Ferre: Now we are on the Miami Herald. Is this where the Miami Herald
got some variances?
Mr. Whipple: Yes, sir. There was a stipulation as to certain progress reports
and reviews by this Commission in the process and they are here to indicate the
progress that has been made. They have involved themselves with meetings with
the Department. We are satisifed with the information and the work as it pro-
ceeds at this time.
Mr. Plummer: How many variances, Mr. Whipple, were applied for in this particular
case - two? Two variances?
Mr. Whipple: Yes, sir.
Mayor Ferre: Mr. Davis.
Mr. Darrey Davis: Mr. Mayor and members of the Commission, I am Darrey Davis,
Steele, Hector & Davis, S. E. Bank Building, counsel for the Miami Herald. In
May 27, 1982, the Commission adopted two resolutions which granted two variances
from the F.A.R. and the setback requirements and the second one was modifications
of the Charter provisions on the setback from the bay wall. That resolution im-
posed a number of conditions and provided that there should be review by the
Commission within one year, and that is what we are here for, and as I under-
stand it, that is the nature of a status report, because when it is completed,
t;iey will be back for the Certificate of Occupancy. On September 9th, a
resolution was adopted clarifying the previous resolution and a plat was filed
which shows the bay walk as part of the plat area. On February 1st, the
payment of $100,000 to apply towards the cost of the connecter link was paid and
accepted by the City and a landscaping plan was filed. On February 7th, a
grant of easement and restrictive covenants was executed and recorded, which
memorializes and makes restrictive covenant running with the land all of the
conditions imposed in the resolution. On February loth, a building permit was
issued and the work is in progress, and I might mention that the $300,000 re-
quired as a condition to be expended on landscaping is being monitored by the
Planning Department on items submitted by the contractor. We believe that all
of the conditions are being fulfilled and upon completion at the end of this
year, we will be back before you, seeking approval of the Certificate of
Occupancy. If there any questions that you have, we will certainly try to
answer them.
Mr. Dawkins: More or less for personal gratification, Mr. Davis, the Herald
applied these zoning variances, why?
Mr. Davis: Because at the time the building was constructed, they were in com-
liance with the setback requirements from the west street side and they complied
with the F.A.R. During that interim of some sixteen years, you changed those
requirements and in order to add the six story building they are constructing,
we had to come to you and apply for those two variances because of the change in
the zoning requirements.
Mr. Dawkins: Okay, I would just like to say from my personal point of view is
that I felt then and I feel now that the Herald needed these variances in order
to conduct their business in a profitable way, but I do take issue with the
Herald, the same as I do with other people, not for stating their point of
view, but saying others are wrong for stating their point of view. Now, there
was a series of zoning articles in the paper and I kept looking...I kept look -
lily lut something of substance that I could come back here and say to myself,
you know, they are right! I do have to look closer at zoning requirements. I
have done things that are way out in left field, but up until now, the only
thing, and this is just my personal opinion, that that article showed me was
that 91% of the time, I, as a Commissioner, voted against against a staff that I
am paying $500,000 a year to make decisions, so ... this has nothing to do with
26
MAY 31 1983
0 4
you, sir, at all, it is just that I want these people to understand that just
like we gave other people variances, we also give them to the Herald. We give
them to the small man, we give them to the big man, we give them to the big
developers, we give them to the small developers and that is a part of life!
Mr. Plummer: Mr. Whipple, for the record, this Herald Buildine was initially built
before my time on this Commission...
Mayor Ferre: I doubt that!
Mr. Plummer: How many variances were granted for that structure to come into
its own being?
Mr. Whipple: To the best of my knowledge, Mr. Commissioner, I believe there
was only one variance involved. There was none involved with the initial
construction.
Mr. Plummer: So the Herald initially built this?
Mr. Whipple: That is right. There was a variance requested later on with
regard to their signage. There might have been one or two variances when the
additional sign for the Miami News was added. That is to the best of my
knowledge. I'd have to go back into the files.
Mayor Ferre: How many variances?
Mr. Plummer: He says one. I'd say it was more.
Mayor Ferre: I tell you, my expert on that is no longer on the Commission,
because Armando Lacasa spent about ten working days researching the whole
thing and as I recall, he had something like sixteen...
Mr. Plummer: No, there were seven.
Mayor Ferre: There were sixteen variances sought by the Miami Herald, and let
me put it to you this way, there is no other building that has gotten more
variances and has done to just totally ignore the zoning laws of the City of
Miami, than has the original Miami Herald building.
Mr. Plummer: Mr. Perez; do you agree with Mr. Whipple on the number of
variances?
Mr. Perez-Lugones: To the best of my recollection, that is what I remember.
Mayor Ferre: To the best of your recollection, what?
Mr. Perez-Lugones: That is what I remember, one variance for the sign.
There was also land fills and some other stuff that was not variances.
Mayor Ferre: As I recall, they closed the street. We gave the street back to
the property owners.
Mr. Perez-Lugones: There was a street closure.
Mayor Ferre: They closed the view. They didn't have any setback provisions
and they built right up to the property line. They left no provisions for
access.
Mr. Whipple: Number one, street closure is not a variance. That is true, there
was a street closure involved and there was some land fill, some dredging.
They were allowed, and under the existing C-4 zoning, and C-4 zoning that exists
on that property, to build lot line to lot line. We had no view corridors, we
had no water front setbacks as we are required to have today.
Mayor Ferre: Well, look, I voted for it originally, and I will vote for it
again. I've got no problems, but I concur with other people in this community
and this Commission in pointing out the total cynicism and hypocrisy of the
Miami Herald Editorial Board and the editors who are continually harping on
things until it affects them and then they want different standards for the
Miami Herald, but that continues the hypocritical tradition of a newspaper that
has ill served this community. Is there anything else?
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MAY 31 1983
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Mr. Plummer: Mr. Davis, I am sorry, I have got to ask you a question, sir.
Is the purpose of your request here today for your poor mother who is ill?
Mr. Davis: No, Sir.
Mr. Plummer: Well, then, according to this, we are not supposed to grant it.
(LAUGHTER)
Mr. Davis: Mr. Mayor, I appreciate it - I think this is in the form of a
status report, and I hope that the Herald will not see fit to run these kind
of articles when I come back in December, because I am caught right in the
middle! (LAUGHTER)
Mayor Ferre: I would say Mr. Davis, that you are a brave man indeed, and I
have always respected you for your courage. This request couldn't have been
at a worse timing.
Mr. Plummer: Oh yes, it could! Mr. Davis, we are informing you right now,
sir, that your request for final C. O. will be the week before elections, sir.
The timing could be worse!
Mr. Davis: I'll have both sides against me!
Mayor Ferre: All right, this is a review and it doesn't require any action, as
I understand.
Mr. Davis: As I understand it, it merits a status report, sir.
Mr. Dawkins: Thank you, Mr. Davis.
Mayor Ferre: Yes, and I notice, Mr. Davis, that you, as being the careful and
intelligent attorney that you are, have very carefully documented everything
so that there is no question about vested rights in the Miami Herald's former
request that we granted, and I understand it is proceeding very well.
18. PUBLIC HEARING: CONCERNING APPEAL OF VARIANCE AND CONDITIONAL
USE REQUESTED ON APPEAL BY APPLICANT, VILLA TEN, INC., FOR
CONSTRUCTION OF TEN -STORY OFFICE BUILDING, 1261 S.W. 22 ST.;
VARIANCE AND CONDITIONAL USE WERE DENIED.
Mayor Ferre: We are on Agenda Item Number 32, which is an appeal by Villa
Ten, Inc. of the variance.
Ms. Judith Triefler: My name is Judith Triefler from the law firm of Fine,
Jacobs and Block, Klein, Cohen and Simon, 2401 Douglas Road, and I am here
requesting a continuance in this matter for the next scheduled meeting.
Mayor Ferre: For what reason? There are a lot of people that are here on
this.
Ms. Triefler: Well, we were originally scheduled to appear on May 25th, and
when we finally got notice that the meeting had been changed to today, it was too
late for Mr. Fine who was qoing to present this matter to change nis plans.
Mayor Ferre: All right, are there objectors here? Is there a spokesman for the
objectors?
Mr. Plummer: He just volunteered.
Mayor Ferre: We need you on the record.
Mr. John Cooper. My name is John W. Cooper. I live at 1251 S. W. 21st Terrace,
right across the street from this proposed zoning change. We here - some of us
had to take off work to be here. The lawyer, Fine had qo problem being here at
the last Zoning Board meeting, even though he missed a performance of Pavaroti,
and so stated, and I see no reason why we can't go ahead with this thing this
thing this morning.
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Mayor Ferre: The Commission's record on these things is that we usually grant
a request for continuance if a party so requests it, unless, however, it had
been something that was properly scheduled, had been scheduled and deferred
before, unless there is an over-riding reason, so it is up to the members of
the Commission. As far as I am concerned, there is a request that is a valid
request that stands to reason. I certainly have no problems with it. However,
I do feel that the neighbors also have rights.
Mr. Cooper: Mr. Mayor, may I ask when the next meeting will be?
Mr. Plummer: June 15th.
Mr. Cooper: June 15th?
Mayor Ferre: Yes. Now, in other words, what you are saying, you are not
prepared to make this presentation here, yourself?
Ms. Triefler: If it was necessary, I could. It is just that because we were
scheduled for the 25th, and that is when we were prepared to present - we
didn't receive any notification that it was changed to the 31st until it was
too late.
Mayor Ferre: Well, that is not your fault. It really is the fault of the
Commission who had changed the date because several members of the Commission
were going to be out of town during that particular time, so that really is
something that we shouldn't hold you responsible for.
Mr. Dawkins: But, by the same token then, Mr. Mayor, the people who oppose
this, they got notice and they made adjustments in their schedules.
Mayor Ferre: All right, it is up to the Commission. If you want to hear it,
we are willing to proceed. As I understand it, the petition of all those that
are here is that this matter be heard today. The petition of the attorney
for the applicant is that it be deferred to the next zoning meeting. Do you
want to add something to this?
Mr. Paul Thompson: Yes, I would, Mr. Mavor. My name is Paul Thompson. I am
a resident at 1231 S. W. 21st Terrace. The property is across the street from
my house also. Now, if we continue to defer this, we will be under a new
zoning ordinance and I wish that would be taken into consideration here, be-
cause our neighbors have gone to quite a bit of trouble also to research this
problem and talk with the builder and try to get our position clear also. Be-
cause they are not here today, it would appear that one would be looking for
the new ordinance to take effect, which will change the ground rules onces
again, and we are not attorneys, we are simply neighbors who will have to go
through the whole process again and surely they are much further ahead of it
than we are. We prefer to be heard today.
Mayor Ferre: All right, Mr. Thompson. What is the will of this Commission?
The new ordinance isn't in effect until when?
Mr. Garcia -Pedrosa: June 27th, Mr. Mayor. So, the next meeting, you would
still be under 6871.
Mayor Ferre: Yes. Now it has been deferred. It keeps being deferred and
deferred because of objections and problems that keeping arising out of it.
All right, what is the will of this Commission?
Mr. Dawkins: Would it inconvenience you too much to come back next time?
Mayor Ferre: All right, there are some people that for the record are stating
that they took off work today to be here and that they feel it us unfair that
we should defer this.
Mr. Dawkins: I move it be heard.
Mayor Ferre: All right. Anybody object to this?
Mr. Plummer: What is that?
Mayor Ferre: He wants it heard.
29 MAY 31 1983
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Mr. Plummer: Mr. Mayor, may I suggest a compromise?
Mayor Ferre: How can you compromise?
Mr. Plummer: The compromise is that you hear it today from the objectors so that
they don't have to come back and then hear from Mr. Fine at the next meeting.
Mayor Ferre: Well, that is something that may occur if we don't come to a
conclusion. On the other hand, Mr. ... I've no objection to hearing it today
personally. Now, the only problem that I have - the only question that I have
is this. Was the law firm properly notified?
Ms. Triefler: Yes, they were.
Mayor Ferre: So, Mr. Fine did know that we were going to hear it.
Ms. Triefler: Right, it is just that the notification did not give him enough
time to change his plans. I can present the matter, but because we are asking
for a continuance, the architect is not with us with his renderings or any of
the plans and I really can't speak to the technical issues.
Mayor Ferre: Ma'am, I would like, out of courtesy to you, to extend this, but
I think that these neighbors also have certain rights....
Ms. Triefler: I understand.
Mavor Ferre:.... and I think we really should listen to this case today. Okay?
Ms. Triefler: Fine.
Mayor Ferre: So we are on Agenda Item 32. This is an appeal by the Applicant.
So, we will hear first from the Department, and then from the Applicant and then
from the Objectors.
. - . r Te,4=1P: Mr. Mayor and members of the Commission., this request is in two
parts. One branch is associated with the main structure on the fronting
property along Coral Way, which is zoned C-2. The second part concerns a
parking area on the rear portion of the site zoned residential as a condition
use. I bring to your attention that this is the site of the old Parkway
Theatre. You may remember that that theatre is along the Coral Way frontage
with a parking area to the rear at the present time, although the theatre is
not in use. Their request for a F.A.R. of 3.8 - 2.0 permitted, which is a 90%
increase over the F.A.R. presently permitted by the C-2 zoning. They are also
waiving a number of the off street parking spaces on site, meaning the C-2
portion of the site. The petition indicates zero, which is not the case.
There is approximately fifty, or fifty-one being provided on site - waiver of
the rest so that they may use the conditional lot to the rear, if approved,
for the remainder of the parking. You will be waiving one hundred six, I
believe.
Mayor Ferre: One hundred six parking spaces?
Mr. Whipple: Yes, sir. I will check that number as we continue on.
Mr. Whipple: We have indicated to You previously that we do not feel that there
is a hardship to justify this requested variance. We do not see how the zoning
ordinance has deprived them a reasonable use of the property. Setbacks are
being met. F.A.R. permitted can be achieved and we believe this request exceeds
intensity and density of development that should occur in this area of Coral
Way, so on that basis, we have recommended denial of the variance request. We
have no problem however, with the conditional use parking for excess. Now, you
might remember that we distinguished between excess parking and required parking.
If required parking goes on this site, that is tantamount to a change of zoning
by which all the development could be permitted. We believe that it should be
for excess parking to take off the load and the need that exists in the area,
either by excess or this proposed development, or excess for commercial
__..'_r..._..: in the area that dpes not have any parking pursuant to their early
construction, so the site for the parking we do not have a problem with per se,
other than we believe it should for excess parking and not the required parking,
so that is the basis of our recommendations.
Mayor Ferre: All right, we will now hear from the Applicant.
30 MAY 31 1983
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_ Ms. Triefler: In our original application, we were asking for on the C-2
portion, the building on the R-1 portion the amount of required parking, and
because of our parking structure in the back being raised 3.6 feet above level,
the Department said that was a variance that made it a structure rather than
a parking lot, and that was a variance from a conditional use, which there is
no way to apply for and that is why the plans have changed to come in the way
it looks like we are not getting the amount of parking that is required. We
are not changing what exists right now on the property. There is a parking
lot in back on the R-1 zone. In fact, we are actually enhancing what the
neighbors face right now. Right now in the back of the parking lot, there is
a driveway going into the residential area. What we have proposed to do,
what our plans show, and what our restrictive covenant that we have given to
the City Attorney says is that we will completely buffer the back area. We
will have complete landscaping - there will be no access, no ingress, into
the residential area at all, and all traffic will be along Coral Way. In
addition, we have guaranteed that we will maintain that landscape area. If
you look at the property right now, the R-1 parking in the back, with the
driveway, the landscaping, such as it is is a total mess. It is not maintained
and we would actually be improving the situation for the neighbors. If we
could have come in for our original application and facing the R-1 zone. or
with the zone chance, would have counted in terms of our F.A.R., we would have
met the recuirements completely. The application seems like we are asking for
a lot of variances only because there is no wav to aonly under the code.
Alona Coral Wav is the perfect place for a buildinc of this tvpe. It is right
next to Viscaya Station; it is the closest commercial building that the people
can walk to from the Viscaya Station, and I think that this is the type of
building that is coming in along Coral Way. You will notice a lot of buildings
of the same height along Coral Way in the C-2 area, and I think that the appli-
cation should be granted.
Mayor Ferre: Okay, let's hear from the objectors. How many people want to
speak? Raise your hands. Five speakers - all right, will fifteen minutes do it?
Anybody have any problems with that?
Mr. Plummer: That is three minutes per person.
Mayor Ferre: Three minutes per person. Anybody object to that? Do you want
more time? Fifteen minutes, is that all right? I am pretty generous about
that, so if you run over it a little bit, we won't hold you too tightly too
it.
Mr. Whipple: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Whipple: Could I correct the figures per Mr. Dawkin's questions? The
actual waiver of spaces, in other words, eliminating required spaces is forty-
nine total that they don't want to provide. They want to provide one hundred
one in combination of fifty-four on site and forty-seven on the conditional
use lot.
Mayor Ferre: And the Department's recommendation is what?
Mr. Whipple: Is denial, sir.
Mayor Ferre: No, I know, but you said you have no objections to the parking
provisions.
Mr. Whipple: We have no objection to parking in this particular area as a
conditional use, as the ordinance requires for excess parking.
Mayor Ferre: I see, okay. Now you are talking about lots 8, 9 and 10 in the
R-1 section. Okay, I've got you.
"-. Dawkins: All right now, Mr. Whipple, the total number of parking spaces
for this total project is what?
Mr. Whipple: One hundred fifty required, sir.
.
Mr. Dawkins: One hundred fifty required.
MAY 31 1983
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Mr. Whipple: Yes, sir.
Mr. Dawkins: And they are offering to provide how many on that spot where the
building is?
Mr. Whipple: On the commercial site, sir - fifty-four.
Mr. Dawkins: Fifty-four, and that means that they are going to offer nine-
ty-six where?
Mr. Whipple: Forty-seven on the conditional use site.
Mr. Dawkins: Approximately how far from the structure?
Mr. Whipple: It is immediately adjacent to the commercial property.
Mr. Dawkins: And you are going to have a walk -way, or something for people
to walk under if it is raining, or what? How will you get through there.
Mr. Whipple: That will be a surplus lot, and there will be a provision for
driving to that lot for parking.
Mr. Dawkins: And you recommend a denial?
Mr. Whipple: Yes, sir.
Mr. Dawkins: I mean the Department.
Mr. Whipple: Yes, sir, as far as required parking goes.
Mayor Ferre: In other words, you recommend that one hundred fifty parking
spaces be provided.
Mr. Whipple: Yes, sir.
Mayor Ferre: But, isn't that physically impossible in that particular...?
Mr. Whipple: Well, when you are talking about the increased F.A.R., yes, sir.
Mayor Ferre: Oh the F.A.R. But, if the F.A.R. was less, if it goes back to
the 2.0, then how many cars would be required?
Mr. Whipple: If you were to grant the conditional use parking for required
parking, as has been requested, they could provide then the ninety-six cars,
and they could do it and that would give them a lesser F.A.R.
Mayor Ferre: It think the question is this - see if I understand you right.
The question is, if we backed the Department, and this is, to keep them from
2.0 F.A.R., and not grant the 3.8 requested, how many parking spaces are then
required under the 2.0?
Mr. Whipple: I would have to calculate that, Mr. Mayor.
Mayor Ferre: Would you do that?
Mr. Whipple: Yes, sir.
Mayor Ferre: Okay, now we will hear from the objectors. Do you want to say
something before?
Ms. Triefler: In speaking to the neighbors, we have offered to eliminate one
entire floor of the building, which would decrease the F.A.R. and would also
give us less required parking and...
Mavor Ferre: Decrease it to what, Ma'am?
Ms. Triefler: It depends upon whether you calculate the R-1. If you calculate
the space, the amount of acreage in the R-1 zone along with the commercial, we
are not over F.A.R. at all. It is only how you make the calculations.
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MAY 31 1983
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Mr. Dawkins: But we are right back what the Herald is saying. If we permit
the elimination of parking spaces, we add units. When we add units, we add
profits.
Mayor Ferre: I've got no problems with that.
Mr. Dawkins: Me either! But, I mean, I want her to understand where I am com-
ing from. So, what I am saying to you is - we either have to make up our
mind, you know, where we are! Now, if they can live with it in their neigh-
borhood, I can too! But, if the neighbors don't want to see it, and they
are saying that they are being abused, then I have to go along with it.
Ms. Triefler: If we could go with our original plan, we wouldn't have to ask
for a single variance at all.
Mr. Dawkins: Which was what?
Ms. Triefler: It was to put parking in the back - that was one level under-
ground and one level that was 3.6 feet above ground, completely terraced and
landscaped. We provided all the parking that was necessary. We had the right
amount of F.A.R. It is only intricacy in the code that did not allow us to
apply that way, and that is why we are asking for all these variances.
Mr. Dawkins: So that is why...
Ms. Triefler: We had the right F.A.R. We were under F.A.R. even under the
old code.
Mr. Dawkins: No, no. No, you were not. If you would, you would not have
found that little intricacy in the code! You were not code. If you were,
you would not have found this little quirk sticking in the corner that you
have got to go back and try to change everything.
Ms. Triefler: But the amount of parking that we were going to supply at that
time was so much more. It was sufficient for the building. We only changed
it because it was a few feet above level and therefore is called a parking
structure instead of a parking lot.
Mayor Ferre: All right, let's hear from the objectors. Do you want to add
anything?
Mr. Whipple: I checked those numbers, Mr. Mayor. 2.0 on the C-2 commercial
site would allow 31,200 square feet of floor area and be required to provide
seventy-eight off street parking spaces.
Mayor Ferre: Which they could do - if we let them park on 8, 9 and 10.
Mr. Whipple: Yes, sir. And just as a point of clarification, the project
could have been built, providing lots 8, 9 and 10 were rezoned to C-2, and we
had a very serious problem, department wise, putting that commerical zoning
back on the residential street.
Mayor Ferre: Right. Okay, now we will hear from the objectors. Let's
start with the fifteen minutes of objections. All right, Mr. Cooper.
Mr. Cooper: Mr. Mayor and members of the Commission, first of all I would like
to thank you for hearing this matter this morning - we appreciate that.
Mayor Ferre: Name and address for the record.
Mr. Cooper: I am sorry. John W. Cooper, 1251 S. W. 21st Terrace. The first
thing I would like to do this morning, Gentlemen, if I may, is to present a
petition signed by seventy-five of our neighbors in the area and I will read
it briefly if I may:
"We the undersigned strongly oppose the zoning request from the
following property"
and we discuss the description of the property that is there. Our position is
based primarily on the following facts:
Id
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MAY 31198 3
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"The proposed building is nearly twice the size allowed by present
ordinance, which would result in a structure completely out of
character with existing structures in the area and the present plan
provides grossly inadequate parking - approximately ninety-five
spaces instead of the required one hundred=fifty, which would
result in undue congestion in the residential area surrounding
the proposed structure. Therefore, we respectfully petition the
Miami City Commission to deny both zoning requests."
We, in that neighborhood, Gentlemen, had not had very good luck with zoning
requests of this type and I am sure that a lot of the people are here because
of that. As you can see from the drawing up there, lots 8, 9 and 10 sometime
ago were given a variance to the Wometco Company when they owned the Parkway
Theatre for ground level parking. We found out only at the last zoning meeting
that a driveway located in Lot 9, giving access to S. W. 21st Terrace should
never have been allowed at all under this zoning variance. The zoning
variance allowed excess parking, excess parking ... not the required seventy-
eight parking spaces that the gentlemen just referred to, but parking spaces
in excess of that number. Now, Wometco got the variance. They made the
entrance on Coral Way and they made an exit on S. W. 21st Terrace. At the
last zoning meeting, a representative of.the Zoning Department brought it to
our attention that there should have never been a driveway there in the rear,
so Villa Ten and the lawyer, Fine, and the owner are really giving us the
sleeves out of their vests when they closed that thing off. It shouldn't have
been allowed in the first place. Now, we have had problems in the area with
traffic. We have had problems in the area with people working at the Deltona
Corporation, which is close proximity to this, parking in our area and we have
had problems with speeding traffic coming down that intersection from 12th
Avenue going the wrong way on our street and endangering our children. Because
of that, years ago, we petitioned this City to make S. W. 21st Terrace one
way east bound and eliminate that escape from the long light at 12th Avenue,
so as I said, we haven't had much luck with zoning variances of this type from
our neighborhood. In addition, the new owner, Mr. Celestino Diaz, has taken
over the covenants that were made with this City by the previous owners when
he bought that property - one of those covenants includes landscaping of the
area. It includes cleaning up of the area, and there has not been one thing
done to that property in the last three or four years since that Parkway
Theatre has closed down, so I am suspicious also of these conditional covenants
that these people want to make with the City of Miami. Who enforces it? Where
can we go as citizens to require enforcement of these kind of ordinances if
these people choose not to landscape, not to pick up the trash even, as is being
done now. The place is being used for a den of hippies and vagrants, and we
have had very little interest at all from the present owners. Also, they have
offered to close off that back and use that area for parking. However, there
is still over fifty automobiles that will have to park in our neighborhood
somewhere, and since I live directly on 21st Terrace, lot 20 or 21 there, (I
can't remember which) those people who are parking would affect me the most,
but there is enough that it would affect the people even north of me. There
are only nineteen available parking places on 21st Terrace, and that is if none
of us parked there and left it open for all of these people that are going to
need excess parking. It is simply too many automobiles, there is no question
about it. And even if they walled that off, our street is still the nearest
parking available in that residential area, and even if the folks have to
walk around the block, they are going to gladly do that. So, we do strongly
object to these zoning variances. We see no reason for a ten story monstrosity
there. The nearest buildings around, the maxmimum there is six stories and we
have been affected by zoning variances involving that building - the building
that is now owned by Deltona Corporation. They paved the parking lot over
there and promised us there would be no one around to park in our neighbor-
hood, and we are told now that if they wall off that back of that building,
close off this parking area as is required by law, that even now those people
that work at Deltona Corporation will end up parking on our street, so we
object to the big building. -We object to the congestion that is going to come
into our residential area and we object to the parking up and down our resi-
dental streets. Thank you very much.
Mayor Ferre: All right, thank you, Mr. Cooper. Next speaker. Name and address
for the record.
Mr. Paul Thompson: Paul Thompson, 1231 S. W. 21st Terrace. That is lot 23 on
the map. In addition - it was mentioned by the attorney that there are several
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MAY a 1 IM
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structures of this nature going up on Coral Way or have gone up on Coral Way.
If I am correct, the nearest one is at S.W. 22nd Avenue, which is the nearest
one and I don't believe that structure is more than eight stories high. One
only has to drive the neighborhood behind that structure and a couple of others
that have gone up down there to know the parking problem that has occurred in
those particular areas. This is not something that can be avoided. There is
no parking on Coral Way, period. In addition, access is a terrible problem
here. You have Coral Way and 12th Avenue, and that is all. The road to the
south is of practically no use in terms of access and you really have not a
four-way intersection, so to begin to cram and overdue your F.A.R. here is
going to be a very serious problem traffic wise, in addition. So, I believe
all of us are in agreement in hoping that the Commission will deny these
variances. Thank you.
Mr. Michael Zugby: My name is Michael Zugby and I live directly on the corner
of 12th Avenue and 21st Terrace at 1205 S. W.'21 Terrace. From that location,
the two closest commercial buildings - there is a law office right across the
street from my house and the Deltona Corporation, that is always the biggest
commercial centers around there. I haven't been able to park in front of
my house for years, so it probably won't be any worse if they put that building
there, for me, but as John Cooper pointed out, the parking lot where the
theatre was is being used by Deltona Corporation right now to park their excess
cars there. I don't know if they were renting it out, or what, but they do have
cars that were parking there and they still are. The parking on 21st Terrace
and 21st Street from 12th Avenue running westward is filled with cars from
Deltona Corporation. In my case, I have a law office across the street, which
also uses some of the parking. If that building is allowed, with their need
for extra parking, we are going to have a bigger problem and there is not
going to be any parking on that street or 21st Street. Thank you.
Mayor Ferre: Next.
Ms. Evonne Bacanese: My name is Evonne Bacanese, I live at 1257 S. W. 21st
Street. I have lived there since 1962 and I support with what has been said
earlier in relation to the unfortunate luck that we have had with regard
to zoning. I just want to make one thing very clear to the Commission. We
are not against progress. We defintely are not against profits. We live
in a capitalistic society and we understand that people are in business for
profit motivation, but we are also a country of families and I hope that in
our profit motivations we do not rule aside families and our concern for
children. Coral Way Elementary, as you well know, which is one of the best
bilingual elementary schools that we have in this county is a block and one-half
away from there. There are families that have moved into that neighborhood
whether they are Anglo or Hispanic or otherwise because precisely there is an
excellent and outstanding elementary school in that area. I believe that the
increasing of the F.A.R. from what is required, which is 2.0 to 3.8 is an
imposition on the neighborhood. It is a violation of the family and the type
of residential neighborhood in which we live, and I certainly hope that the
Commission will support the neighbors who have been paying taxes in this
community and in this City for as long as they have. Thank you very much.
Mr. George Pedrosa: My name is George Pedrosa, I live at 1222 S. W. 21st Street.
All of the reasons that we heard before are extremely valid. One of the most
valid reasons is that the requirement for a variance, or to appeal for a variance
requires a hardship. On two different occasions that we have heard this, in
front of Zoning Appeals Board, the hardship has not been established. The
reasons for this increasing F.A.R., the reasons for the conditional use, are
plainly to get the most for the least at the expense of the neighbors. I
simply urge the Commission not to allow the Miami Herald another reason, and
this would be a good one to go against you.
Mayor Ferre: I want to just...I am sorry you mentioned the Miami Herald. I
just want to tell you on the record, that I could care less what the Miami
Herald thinks.
Mr. Pedrosa: All I am doing,•Mr. Mayor, is wishing you do not allow the Miami
another reason for that.
Mayor Ferre: They don't do things based on reason, so reasons are not impor-
tant. Keep the Miami Herald out of this, or you are going to lose your case.
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MAY 311983
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Mrs. Lourdes Cooper: Good Morning, Mr. Mayor, members of the Commission. My
name is Louirdes Cooper. I live at 1251 S. W. 21st Terrace. I come here this
morning, I am a working mother, but I am a very concerned mother. To me, family
is first, and I think all women have a responsibility to their families and
I hope everyone feels this way. Yes, I am a working mother, but I am a mother,
and this is why I am here, because I am very concerned about our neighborhood.
We have raised four children in that neighborhood. We have absolutely nothing
against that building, except the size of it, which is really violating your
ordinances - our City ordinances. I come here as a taxpaper and as a resident
of the City of Miami, which I have come to love very much and I care very much
what happens to it and we all do. I believe Mr. Diaz is a Venezuelan who is
not in this country, and who obviously, by the way he has been keeping up the
property now that it is his responsibility...I mean that property has not even
been cleaned, Gentlemen. I think that speaks for itself how much he cares
about the City of Miami. We care. We are willing to go across the street and
clean it up, because we care about how our property looks and how our City
looks and Mr. Mayor, I think you ought to be commended for what has been done
in downtown Miami and everywhere else. I think that speaks for itself. Actions
speak louder than words no matter what anybody says, all right? So, please, I
urge you and because of the children two blocks, one-half block away, and they
do transit back and forth and go to that corner drugstore and everything -
really, for them, and for us who are the ones paying the taxes and helping you
out, I do urge you to please deny this. And like I said, we would rather have
a beautiful building than an eyesore and what we have there now, which are
vagrants and people loitering there, but not a ten story monster. I urge you
to go up and down Coral Way and you will see that there are no ten story
monsters there. Thank you.
Mayor Ferre: Thank you. Next speaker. Does that conclude our speakers? All
right thank you. I will give you time, Mr. Cooper, if you will kind c:.f sit
over here close to the microphone, I will give you, if you do not mind my
choosing you as a spokesmen, a time for rebuttal, but first we will hear from
the Appellant. Yes, Ma'am.
Ms. Triefler: First I would like to correct the record. It is not a ten
story building. I know it appears that way on the agenda, but a mistake was
made. It is a nine story building and we offered to remove one story, which
would make it an eight story building, the same as the other buildings on
Coral Way. Everybody says they are not opposed to this building and the
reason why is they have seen the model and the rendering and I wish I had it
here today to show you. It is a gorgeous building and it is definitely is
going to be a good addition to the neighborhood and we are putting in mass
transit. We have a station within walking distance. This is the perfect
place for a commercial building of this type and I think that with the re-
strictive covenant that we have offered and that we will live by and that will
be enforced by the City of Miami, it is going to help the neighborhood. There
is not going to be any access like there is now into the residential neighbor-
hoods.
Mayor Ferre: All right, thank you. Mr. Cooper, do you want to say anything
else before the Commission starts asking questions?
Mr. Cooper: Yes, Mr. Mayor, I really do. I don't know when this cFfe,_ was
made to bring this thing to eight stories. I had meeting with the architect
in my own home - Mr. Willy Vermello. There was no mention at all made
of any cutting down of this building size. In fact, Mr. Vermello offered us,
as I said earlier, the sleeves out of his vest. He said he would close off
that access to 21st Terrace in return for our approval and our support of
this building. That thing shouldn't have been there to begin with and if
the City enforces its rules, there will be no access to 21st Terrace, so we
are not really worried about that. I have no idea where this business of
eight stories vs. nine stories - the building is technically ten stories be-
caubc is i►as one story of underground parking, so we are getting into a
matter of semantics here. We the neighbors simply believe it is too darn
large for what we have in the neighborhood. The parking, if you have ever
been in that area, is extremely restrictive right now. There are a bunch of
little buildings and little businesses up and down there and even they don't
have enough parking, so parking is indeed a problem. Thank you.
36
MAY 31 1983
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Mayor Ferre: Ma'am, you wanted to say something?
(INAUDIBLE BACKGROUND COMMENT)
Mayor Ferre: Are we concluded now on both sides? All right, now, we are
going to get to questions, and I am going to limit the questions before we
get into commentaries and then we will get into comments. Questions from the
Commission. All right, I will start off by giving you a commentary. Let me
give you, since zoning seems to be such a hot issue these days, let me talk
a little bit about how I see zoning and the importance of it. In the first
place, you cannot control urban sprawl... urban sprawl, unless the inner city
grows vertically. In other words, there is no way that you cannot have a
Los Angeles in Miami. There is no way you can let urban proliferation continue
unless we agree that those areas that are near the center of work and recrea-
tion has to go on a vertical basis. Now, I have a completely different
approach on areas such as Brickell Avenue, the Omni area and downtown than I
do in areas that are single family residential neighborhoods and I think this
Commission, at least in the ten years that I have been Mayor and the almost
four years that I served as a member of the Commission, has time and time
again, in areas where people are requesting in increase in the size of the
usage on a C-2, along Coral Way, and along other important corridors, when the
neighbors are affected, I have said time and time again that we have then to
weigh two things. One is the common good of the community, and the other is
the right of people to live in peace in residential neighborhoods. Now, when
something comes before this Commission when the common good greatly over -weighs
the neighbors requests and rights, then that has to be sacrificed. On the
other hand, when the common good is not served, then I think that each man -
his home is his castle must really reign. Now, I think for the most part,
along Coral Way, I think the record will show that this Commission, and cer-
tainly my vote has been against the exacerbation of the zoning code, and we
have on one or two occasions granted some changes, but substantially, we have
not and the reason is because everytime it comes up, the neighbors, (and these
maps are dotted with red) my position, I think would have to be consistent
with my previous voting record on these matters. I do not see that the public
good is served substantially by going from 2.0 to 3.8. I just don't see that
the public good is served and there are alternates to growth areas. This is
a single family residential area. I don't have problems on Brickell Avenue in
granting changes. I don't have problems in granting changes in the Omni area.
I certainly don't have any problems in the downtown. You know, I have less
problems along the commercial areas of Coconut Grove, but in residential areas
in Coconut Grove, or Allapattah, or otherwise, where neighbors and single
family residences are affected, then I have a different situation. Here, I
have not heard anything that really would augur for a substantial change. Now,
I will tell you what I am for. I don't mind you using lots 8, 9 and 10, which
is part of the R-1 district, according to what Mr Whipple said, following
the Department's recommendations, that that area be used for parking for a
building which we could not deny you obviously of a 2.0 F.A.R. in that par-
ticular area. Now, I know that we do a lot of things by the seat of our pants,
and I do not deny that. We are seat of pants zoning experts. My opinion is
that everybody flies by the seat of their pants in zoning. I think it is a
very inexact science. My scientific intuition here, as to zoning is that
happens to be an extremely crowded corner because of Deltona, and because of
DiFilippi Opera and it is a very congested area, and I think we have got to be
careful in what we do in that particular area. That is one man's opinion.
Anybody else? Are you ready for a motion?
Mr. Carollo: I am ready for a motion, Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Carollo: I make a motion that we uphold the Planning Department's recom-
mendation, together with the Zoning Board's recommendation.
Mr. Dawkins: Second.
Mayor Ferre: All right, would you -put in there a proviso to let them use...
Mr. Whipple, what was that thing that you recommended now? Put it into the
record.
Mr. Whipple: We would not be opposed to a conditional use to off street parking.
3'7
ld _ MAY. 3.11983
11
Ci
Mayor Ferre: Provided that it has no access to 21st Terrace.
Mr. Whipple: It is suggested that that conditional use be a separate motion.
Mayor Ferre: Separate motion - okay.
Mr. Plummer: Well, wait a minute. It is my understanding that that is not
supposed to be there to begin with.
Mayor Ferre: You have got to have separate motions.
Mr. Plummer: No, no. The access to 21st Terrace - tt- is my understanding is
there illegally.
Mr. Perez-Lugones: The access to 21st Terrace is not allowed.
Mr. Plummer: But it is there!
Mr. Perez-Lugones: If they were instructed at the time of the hearing, that
even through there was an over -sight in the plans, they couldn't have it
there, they had to modify the plans to show a closing of that access to 21st
Terrace.
Mr. Plummer: Well, I think it behooves the Adminstration to immediately see
that that is blocked! If it is not there legally, it should be blocked and
blocked now!
Mr. Perez-Lugones: The plans that supposedly they would have to present for
construction would have to show no access to 21st Terrace.
Mr. Plummer: That is fine! They don't submit plans for another year!
Mr. Perez-Lugonez: It expires and then they have to come back here to apply
again.
Mr. Dawkins: Yes, but all we are saying to you is, why is it...I know what I am
trying to hear is, if it has been open and it is open illegally, why haven't
you blocked it?
Mr. Gary: Commissioner Dawkins, if it is open and it is open illegaly, we under-
stand the direction and we understand the law and we will have them close it.
Mr. Plummer: So be it!
Mayor Ferre: Further discussion on the motion as made. All right, call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-432
A RESOLUTION DENYING THE GRANT OF VARIANCES FROM ORDINANCE
NO. 6871, ARTICLE XIV SECTION 6, AND ARTICLE XXIII, SECTION
4(23), TO PERMIT CONSTRUCTION OF A 9-STORY OFFICE BUILDING
WITH AN ADDITIONAL LEVEL OF UNDERGROUND PARKING ON LOTS
17-22 INCLUSIVE, BLOCK 68, EAST SHENANDOAH (14-55), ALSO
DESCRIBED AS APPROXIMATELY 1261 SOUTHWEST 22ND STREET, AS
PER SITE PLAN ON FILE, WITH A FLOOR AREA RATIO (F.A.R.)
OF 3.8 (2.0 PERMITTED); AND PROVIDING 0 OF 150 REQUIRED
OFF-STREET PARKING SPACES; ZONED C-2 (COMMUNITY COMMERCIAL).
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
:ron being seconded by Commissioner Dawkins,
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None 38
the resolution was passed
MAY 31 1983
114
11
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Mayor Ferre: Now, is there a motion ... Mr. Whipple, tell us what the motion
should say.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Mr. Manager.
Mr. Gary: I understand what you are trying to do. I think though, procedurally,
in terms of the conditional use, they may have to come back with a separate appli-
cation for that conditional use.
Mayor Ferre: In the past when these things have come up, we done it at the same
time. We have denied them the 3.8, and I - I'll tell you what, I will make the
motion that Lots 8, 9 and 10 be permitted for the purposes of parking on this
building if constructed on S. W. 22nd Street, provided however, that it be
properly landscaped, that it is buffered, and that it has no access to 21st
Terrace.
Mr. Plummer: There is a motion to that. Is there a second? Is there a second?
Is there a second? Hearing none, the motion dies for the lack of a second.
Mayor Ferre: Okay.
Mr. Plummer: That was the first motion, on the variance. Conditional use
doesn't exist!
19. BALLOTING PROCEDURES TO FILL 3 VACANCIES ON THE ZONING BOARD;
APPOINTING OSVALDO MORAN AND WILLIAM PERRY, JR., ONE SEAT
REMAINING VACANT.
Mayor Ferre: I promised Mr. Cruz that we would take up the appointments of the
Zoning Board. We are going to do that right now, before 12 o'clock. Which
item is that, Mr. Manager? Thank you, Ladies and Gentlemen.
Mr. Gary: It is Item Number 35, Mr. Mayor.
Mayor Ferre: Item 35 is the appointment of individuals to replace the terms
of ... Ted, I am sorry. I have a promise and a commitment I have got to keep.
This man waited for twelve hours for these appointments, but I promise you we
will take it up before we break up at noon. All right now, this is the appoint-
ment of the City of Miami Zoning Board. We have got three people that need
replacing. One is Jacinto Alfonso; the other one is Guillermo Freixas; and
the third is William Perry. We have to fill those vacancies, so how do you
want to do it? I would propose as we always done it is to take them one at a
time, and that somebody make a motion for that particular seat and then we
will vote, and whoever gets three, gets the nomination.
Mr. Carollo: Mr. Mayor, I make a motion that we appoint Osvaldo Moran from
alternate to permanent, and if I may say the policy of this Commission has
always been the past that the alternate will be moved to a permanent position
once there is a vacancy.
Mayor Ferre: Ozzie Moran was a replacement...
Mr. Plummer: Alfonso, according...
Mr. Carollo: No. Let's see, which of the three vacancies do we have now?
We have Alfonso, which is up in '85.
Mayor Ferre: All right, the first one is Alfonso. All right, Commissioner
Carollo nominates...
Mr. Carollo: All three of them are up in 185, correct?
Mayor Ferre: Commissioner Carollo nominates Mr. Moran for the seat vacated by
Jacinto Alfonso. All right, are there any other nominations?
39 MAY 311983
0 i
Mr. Plummer: How are you going to handle this now?
Mayor Ferre: One at a time, the way we always do it, J. L.
Mr. Plummer: All right, then I will nominate Mr. Bucelo.
Mayor Ferre: All right, there is a second nomination for Bucelo. Are there
any other nominations? Is there a motion that the nominations be closed?
Mr. Plummer: So moved.
Mr. Carollo: Second.
Mayor Ferre: It has been moved and seconded. I assume nobody objects? Let
the record reflect that the nominations have been closed. We have two people
to vote on? Have you got the little voting slips? Put on the top, if you
would, please - this is ballot number one, and write the name of your pre-
ferred candidate.
BALLOT NUMBER 1
Commissioner Dawkins - Armando J. Bucelo
Commissioner Carollo - Osvaldo A, Moran
Commissioner Perez - Osvaldo A, Moran
Vice -Mayor Plummer - ArmandoJ, Bucelo
Mayor Ferre - Osvaldo A, Moran
Mayor Ferre: All right, we have now the replacement of Guillermo Freixas,
Mr. Plummer; Mr. Mayor, I move to renominate Bill Freixas,
Mr. Carollo: I move to renominate Armando Bucelo.
Mr, Perez: I move Reinaldo Cruz.
Mayor Ferre: We have Freixas, Cruz and Bucelo. Are there any other nomina-
tions? Are there any other nominations? Is there a motion that nominations
be closed?
Mr. Carollo: So moved.
Mayor Ferre: Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Any objections? Nominations are closed?
of your candidate. This is ballot number two.
BALLOT NUMBER 2
Commissioner
Dawkins
- Guillermo Freixas
Commissioner
Perez
- Reinaldo Cruz
Commissioner
Carollo
- Armando Bucelo
Vice -Mayor Plummer
- Guillermo Freixas
Mayor Ferre
- Reinaldo Cruz
BALLOT NUMBER 3
Commissioner
Dawkins
- Guillermo Freixas
Commissioner
Perez
- Reinaldo Cruz
Commissioner
Carollo
- . Armando Bucelo
Vise -Mayor Plummer
- Guillermo Freixas
Mayor Ferre
- Reinaldo Cruz
40
ld
Write down the name
MAY 311983
- . � ;. i s',. "' yS,r 'tlqq`� # `;� a i"• •:�, x •_ � ,;
0
Mayor Ferre: All right, that is the same vote that we had at the last vote,
so I guess we need discussion now. Anybody want to say anything? Well, I
will put my statement on my feeling on the record so that we understand each
other, Mr, Cruz was previously nominated by another Commission to the position
of member of the Zoning Board. Before he was sworn in, or I understand he was
sworn in —he was never sworn in? ... before he was sworn in, he voluntarily
recused himself from the nomination, which as I recall, had been unanimous
after a long balloting, but he had been nominated, Now, subsequently to that,
Mr. Cruz was charged, and that is when he recused himself with a violation,
Judge Orr made him go through a work program, which he did for a period of
time and subsequently he was cleared by the court, It wasn't Judge Orr,
What judge was it, Mr. Cruz? The name of the judge,
INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD,
Mayor Ferre: Jack Orr was the original judge, but when you cleared up your
name, there was another judge,
INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD,
Mayor Ferre: I see, closed the record, sealed the record and subsequently
Mr. Cruz, at the present time, does not have any problems with the judicial
system of the State of Florida. Now, as you may recall, those of you that
were, and those that were here were Plummer, Carollo and myself. Father
Gibson made a statement into the record, and the statement went (I am glad
you have it) like this: (Let's read the letter into the record)
"April 9th - Dear Mr, Mayor and Commissioners: By this letter I
respectfully request that my name be removed from the consideration
for appointment to the City of Miami Zoning Board. At such time as
my legal problems are favorably resolved, I would appreciate the
Commission's reconsideration of my application for appointment,
Very truly yours, Renaldo S, Cruz"
"Mr. Plummer: It is in order that we accept the resignation."
"Father Gibson: If you accept it, I would hope that we will not
accept it ... what do they call the legal term?...with prejudice."
"Mr. Plummer: Just accept the letter of resignation."
"Father Gibson: That if the man's legal problems are resolved,
then we ought to feel free to be able to make up the matter again."
April 9, 1981. Gibson makes the motion, -Plummer seconds it, and the roll
was called. Now, in Father Gibson's funeral, Mr. Cruz approached me and
said that he was on his way to clearing up his record, and was Father
Gibson's commitment binding to all of us? I said that I could not speak
for anybody else but myself, but that I thought that justice would have it
that he had previously voted for him and Gibson had made that statement
into the record and certainly I would concur with it, and that is the basis
of my vote today.
Mr. Carollo: Mr. Mayor, I think that it has basically been our unwritten
policy that when we have a deadlock we usually go at least ten rounds before
we decide to discuss it again, so I am willing to go as far as we have to,
Mayor Ferre; All right sir, we are now on ballot number four. Anybody
else want to make any statements before we vote?
Mr. Carollo; Ballot number four which is actually ballot number three in
this one?
Mayor Ferre: That is right.
ld
41 1983
MAY 31
0
0
BALLOT NUMBER 4
Commissioner Dawkins
Commissioner Perez
Commissioner Carollo
Vice -Mayor Plummer
Mayor Ferre
BALLOT NUMBER 5
Commissioner Dawkins
Commissioner Perez
Commissioner Carollo
Vice -Mayor Plummer
Mayor Ferre
R Guillermo Freixas
Reinaldo Cruz
Armando Bucelo
«• Guillermo Freixas
Reinaldo Cruz
Guillermo Freixas
Reinaldo Cruz
Armando Bucelo
Guillermo Freixas
Reinaldo Cruz
Mayor Ferre: We are now on Ballot Number six. If anyone wishes to speak,
or say anything in the meantime, feel free to do so.
BALLOT NUMBER 6
Commissioner Dawkins
- Guillermo Freixas
Commissioner Perez
- Reinaldo Cruz
Commissioner Carollo
- Armando Bucelo
Vice -Mayor Plummer
- Guillermo Freixas
Mayor Ferre
- Reinaldo Cruz
BALLOT NUMBER 7
Commissioner Dawkins
- Guillermo Freixas
Commissioner Perez
Reinaldo Cruz
Commissioner Carollo
- Armando Bucelo
Vice -Mayor Plummer
-- Guillermo Freixas
Mayor Ferre
- Reinaldo Cruz
BALLOT NUMBER 8
Commissioner Dawkins
- Guillermo Freixas
Commissioner Perez
- Reinaldo Cruz
Commissioner Carollo
., Armando Bucelo
Vice -Mayor Plummer
- Guillermo Freixas
Mayor Ferre
- Reinaldo Cruz
BALLOT NUMBER 9
Commissioner Dawkins
- Guillermo Freixas
Commissioner Perez
- Reinaldo Cruz
Commissioner Carollo
- Armando Bucelo
Vice -Mayor Plummer
- Guillermo Freixas
Mayor Ferre
- Reinaldo Cruz
BALLOT NL"ER 10
Commissioner Dawkins
- Guillermo Freixas
Commissioner Perez
- Reinaldo Cruz
Commissioner Carollo
- Armando Bucelo
Vice -Mayor Plummer
- Guillermo Freixas
Mayor Ferre
- Reinaldo Cruz
Mayor Ferre; This is Number 11, which is the tenth ballot on this particular
thing and then we will discuss it, assuming it will be the same.
BALLOT NUMBER 11
Commissioner Dawkins - Guillermo Freixas
Commissioner Perez Reinaldo Cruz
Commissioner Carollo - Armando Bucelo
Vice -Mayor Plummer - Guillermo Freixas
Mayor Ferre Reinaldo Cruz
42
MAY 31 1983
id
(mil
6A
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Mayor Ferre: All right, discussion, We have had ten ballots now,
Mr. Carollo: Mr. Mayor, I would suggest that we come back to Zoning items
and the Zoning Board back in the afternoon session, and proceed to the
Planning Board.
Mayor Ferre; No, sir, I think we might be able to go to the next nomina-.
tion and get that one over with, We have got the seat of William Perry, Jr,
Without objections, then, we will go am do that, Do you have any problems
with that?
Mr. Carollo; Okay, well I nominate Mr. William Perry, Jr.
Mayor Ferre; Okay, we have William Perry, Jr. Any other nominations?
Wait a minute, I have a nomination, Dorothy Spahn.
Mr. Plummer: That is on Planning,
Mayor Ferre: Oh, that is Planning?
Mr. Plummer; That is either board, I am sorry.
Mayor Ferre; Either board, Z see. Dorothy Spahn is either. Well, how
many Planning vacancies do we have?
Mr. Plummeri Three, the same, and by the vote of the first one of Mr. Moran,
it then opens up the alternate,
Mayor Ferre: It opens up an alternate?
Mr. Plummer: Right,
Mr. Rodriguez:* Which has to be advertised,
Mr. Carollo; It has to be advertised.
Mayor Ferre: Okay, now, I stand corrected. Are there any other nominations
at this time? If there are no other nominations, will someone make the
motion?
Mr. Carollo: I make a motion that unanimously nominate Mr. William Perry, Jr.
Mr. Dawkins: Second,
Mayor Ferre: Further discussion. Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83•-433.1
A RESOLUTION APPOINTING OSVALDO A, MORAN-RIBEAUX AS A
ME`MER OF THE ZONING BOARD TO SERVE A REGULAR TERM EXPIR•.
ING DECEMBER 31, 1985.
(Here follows body of resolution, omitted here, and on file
in the Office of the City Clerk)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr,
Commissioner Joe Carollo
Vice -Mayor J. L, Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
43
MAY 31 1983
ld -- - -- . -
L
ld
The following resolution was introduced by Commissioner Carollo, who
moved its adoption;
RESOLUTION NO. 83-433,2
A RESOLUTION APPOINTING WILLIAM PERRY JR, AS A MEMBER OF
THE ZONING BOARD TO SERVE A REGULAR TERM EXPIRING DECEMBER
31, 1985.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote;
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez,. Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
Mayor Ferre: All right, now, we will come back to the deadlocked position.
20. APPROVE CITY ADMINISTRATION'S ACCEPTANCE OF REVISED PLAN FOR
MIRAMAR HOTEL, 1744-56 N. BAYSHORE DRIVE.
Mayor Ferre: We will now take up Agenda Item Number 33, which is accepting
modifications of the Miramar Hotel Project located at approximately 1744-56
North Bayshore Drive. Mr. Manager.
Mr. Gary: Some time back, the City Commission granted a number of variances
for the Miramar Hotel. This item is being brought to you, not because it is
a legal requirement that it be brought back to you. The item is discussion
or just a review of some proposed reductions in variances - not increases,
but reductions in variances that were originally granted to the Miramar
Hotel. These reductions which this City Commission approved were arrived
at through discussions with Staff and with the City Commission, As I said
before, these modifications do not increase at any variances. They reduce
variances on eight locations. I would like to just go over them for you
for the record. The first variance that you granted was a sixty-eight foot
minimum from center line of street. The new proposed variance which is a
reduction, will require him to go now eighty feet, which means that he is
cutting back twelve feet on his setback. The second is twenty-three feet
from property line. He got a variance. Now, he is saying he will go twenty-
eight feet from property line, which means he is now providing more space in
terms of the property setback. This means that he is giving up five feet
in additional setback. On side yard, one hundred forty-five feet from the
property line; he is saying now he will go one hundred seventy-five feet
from the property line, which means he is giving up thirty feet from the
property line. In terms of the rear yard, it is staying the same - no
change, which was what was granted. In terms of the rear yard, he was
granted a variance of thirty feet, He is saying now he will go back forty-
three feet, which means he is giving up thirteen feet, The F.A.R. remains
the same, no change from what was granted. Lot coverage - he is reducing
'` U., nn54%, which is a reduction. In terms of accessory structures, he
is reducing it by .15% less lot coverage, Accessory structure remains the
same. Accessory structures Article IV, is being reduced by .089%. Non
variance items, what is happening here, is he had a variance of twenty-eight
feet. In terms of height, now he is going down two hundred nine feet,
which means he is giving up seventy -gone feet, six inches, So, Mr, Mayor,
of the ten variance items that were granted, he is reducing eight, and two
44
___MAY ..3.11983 -
2
`I
are remaining the same. And on one item, which he did not have to get a yar
iance for, as in the height, he is giving up seventy-one feet and six inches.
We are bringing this before you, because legally, we do not have to, but just
for the record, just to inform you in terms of courtesy, we are bringing this
before you in terms of review.
Mayor Ferre: I appreciate that, Mr. Manager, and I think what we ought to do,
just for the record, is have Commission concurrencef with the Manager's actions
on this, Is there a motion to that effect?
Mr. Plummer: So moved.
Mayor Ferrel Is there a second?
Mr, Perez; Second.
Mayor Ferre; Further discussion? Call the roll on Item #33,
The following motion was introduced by Commissioner Plummer, who
moved its adoption.
MOTION NO. 83-434
A MOTION APPROVING THE CITY ADMINISTRATION'S ACCEPTANCE OF
REVISED PLANS FOR THE "MIRAMAR HOTEL" AT APPROXIMATELY 1744-56
NORTH BAYSHORE DRIVE, WHICH CHANGES REDUCE THE IMPACT OF PRE-
VIOUSLY GRANTED VARIANCES.
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 A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
20.1 COMMISSION POLICY: VARIANCES PREVIUSLY GRANTED TO DEVELOPERS
A;iD PLANS D-0.TI?SCALED (NOT REQUIRED TO GO BEFORE CITY COPDIISSION
Mr. Gary: If I may, sir. This is a very unique item for the mere fact that
.$..public benefit that was granted to a developer has now later been modified
downward.
Mayor Ferret Yes, sir.
Mr. Gary: And according to the law, we do not have to come back to you, be-
cause...
Mayor Ferre: Realize that.
Mr. Gary: .... as long as he doesn't exceed the maximum, I think we need to
make a modification in terms of procedures that this City Commission would
approve, as I said, if it is less than what was granted, then it should be
granted.
Mayor Ferre: I think that is an appropriate thing and I think you could
structurize something, I figure that it would save the Commission time, so
I will accept a motion to that effect,
Mr. Plummer: So moved.
Mayor Ferre: Plummer moves. Is there a second?
Mr. Perez: Second,
_ . _ _ 5 MAY 31 1983 -
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Mayor Ferre: Perez seconds. Further discussion. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION NO. 83-435
A MOTION STATING THE POLICY OF THE CITY COMMISSION THAT IN
THE CASE OF VARIANCES GRANTED TO A DEVELOPER WHO LPTER
DOWNSCALES THE PROPOSED PLAN, THAT THE CITY ADMINISTRATION
IS EMPOWERED TO ACCEPT SUCH DOWNSCALE PLAN WITHOUT SUCH
APPLICATION BEING RESUBMITTED TO THE CITY COMMISSION.
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 A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
21. RESOLUTION, AS AMENDED, GRANTING 6 MONTH EXTENSION OF VARIANCE
FOR OFFICE BUILDING, CRYSTAL TOWER, LOCATED 1198 SOUTH BAYSHORE
DRIVE.
Mayor Ferre: On Item 27 previously it was continued because there was no
representive of Sophal. Mr. Al Cardenas had evidently called my office, say-
ing that he would be here a half hour late. My office did not tell me that, so
I kept on going, and I apologize, Mr. Cardenas. So really quickly, this is a
continuation. The question that was going to be asked of you is, why do you
need a continuation?
Mr. Al Cardenas: Mayor, the contivation is needed for just one reason. That
is that the clients, as you know, are French. The French Government has certain
procedures that it goes by in order to authorize a commitment of funds to come
to the United States. The lenders in New York were going to finance the pro-
ject. It needed certain financial assurances and they are now in the process
of getting them. There was about a four month delay from the French Govern-
ment in allowing the client to provide the necessary financial information to
the lenders.
Mayor Ferre: All right, are there any ... what are the Department's recommenda-
tions on this?
Mr. Gary: Well, Mr. Mayor, the recommendation is... and that was based on...
Mayor Ferre: No, no, no, sir. We have already been through the zoning applica-
tion and the Commission voted on it. Question is on the extension of variance.
Mr. Gary: Our position is - you have denial on the sheet and I was trying to
explain that, and I was saying that that denial is based on what you have
already granted. In terms of extension, we have no problem.
Mayor Ferre: Okay, is there a motion?
Mr. Cardenas: Mayor, I had asked for a one year extension. We really don't
need more than ninety days to finalize this. All of the architectural work,
the soft cost, there has been over $250,000 already spent in reliance upon
these variances and we don't need more than ninety days to finalize everything.
46 MAY 3 11983
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Mayor Ferre: I've got no problems.
Mr. Plummer: Move ninety days.
Mr. Gary: I'm afraid they will be coming back - you could at least give them
six months.
Mayor Ferre: Give them six months!
Mr. Plummer: Move six months.
Mayor Ferre: There is a motion on six months. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? The extension is for six months on Item
Number 27. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption.
RESOLUTION 83-436
A RESOLUTION GRANTING A SIX MONTH EXTENSION OF
VARIANCE FROM ORDINANCE NO. 6871, ARTICLE
XI-2 SECTION 5, 6(1) AND 9(3), TO PERMIT
CONSTRUCTION OF AN OFFICE BUILDING (CRYSTAL
TOWER), ON TENTATIVE PLAT #1176 "BRICKELL
SHORE TOWER," LOCATED AT APPROXIMATELY 1198
SOUTH BAYSHORE DRIVE, AS PER PLANS ON FILE
REVISED "AS PER 8-23-82" WITH A 3.613 FLOOR
AREA RATION (F.A.R.) (3.351 F.A.R.
PERMITTED), A 32.7% (9,400 SQUARE FEET)
PROPOSED LOT COVERAGE FOR THE PRINCIPAL
STRUCTURE (21.18% (6,089.25 SQUARE FEET) LOT
COVERAGE PERMITTED] AND 0.0' WEST SETBACK AT
THE MINIMUM POINT OF THE UNDERGROUND PARKING
STRUCTURE (5' REQUIRED); ZONED R-CB
(RESIDENTIAL OFFICE).
(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.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT Commissioner Joe Carollo
4'7
MAY 31 1933
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22. STIPULATION OF GRACE PERIOD CONCERNING APPLICATIONS FILED UNNDER
ORD. 6071 AT THE TIME 9500 BECO;fES EFFECTIVE, ETC.
Mayor Ferre: Item Number 1. Go ahead. You want an extension, which is what...
go ahead.
Mr. Raul Rodriguez: My name is Raul Rodriguez. I am the president of Florida
South Chapter, The American Institute of Architects. I wrote you all a letter
which you have a copy of. Basically, we are in support of the adoption of the
new Zoning Ordinance 9500 on June 27th. With respect to the repeal of 6871,
which would obviously be repealed on the last business day of June 26th. We
would like to point out a couple of items. Number one, if you have a building
permit pending under 6871, we believe that you ought to be able to have a
grace period of one hundred eighty days in order to be able to complete that
process. Number two, if you have a public hearing application pending under
6871, we would like to have ninety days from the conclusion of that public
hearing to obtain a building permit. That is all that we are asking today.
Again, we support the new ordinance. We know that it has got some problems
and we are willing to work in improving it and we would like to have the Staff
draft an appropriate ordinance granting that grace period to cover these items
that I just mentioned. Thank you.
Mayor Ferre: All right. Mr. Manager.
Mr Gary: We concur with those recommendations.
Mayor Ferre: You do concur?
Mr. Gary: Yes, sir.
Mayor Ferre: Okay, well then, how about this?
Mr. Walter Pierce: That is basically the concept that the Law Department has
already looked at.
Mayor Ferre: All right, has Mr. Rodriguez seen this? Do you concur with this?
Mr. Rodriguez: Yes.
Mayor Ferre: This is a memorandum dated May 27th, signed by G. Miriam Maer,
Assistant City Attorney
Mr. Rodriguez: I haven't seen that, no.
Mayor Ferre: Well, you had better read it. We are voting based on that.
Mr. Rodriguez:. Yes, this is the same thing that we are talking about.
Mr. Gary: They don't have any problems.
Mayor Ferre: Let me read into the record so that we don't have any problems.
It is suggested that the proper way to resolve this would be to amend Code
Section 3405 of Ordinance Number 9500 to provide for a grace period of one
hundred eighty days during which continued application for public hearing and
building permits accepted by the City before the effective date of ordinance
number 9500 shall be governed by pertinent provisions of Zoning Ordinance Number
6871 and that any such applications timely. filed which are appealed to the
City Commission or to the courts shall have a period of ninety days from the
date the final decision is rendered to pull a building permit or begin con-
struction under Zoning Ordinance Number 6871. All right, is there a motion?
Mr. Kudriguez: This is acceptable.
Mayor Ferre: All right, is there a motion?
48 MAY 31 1983
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Mr. Plummer: So moved.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: I would like to add to that some specifics which is still in agree-
ment with what we both have agreed upon.
Mayor Ferre: Go ahead.
Mr. Gary: That is, first of all, a complete set of plans in compliance with
Ordinance Number 6871 be submitted prior to the effective date of Ordinance
Number 9500; that a buildine hermit be obtained by the Applicant within the
the one hundred eighty day grace period. Any plans submitted after the effec-
tive date of 9500 designed in accordance with ordinance 6871 would not.accepted
and must be redesigned in accordance with 9500. This is just being specific so
there will be no misunderstamding.in terms of what had to be provided. For any
plans submitted prior to the effective date of Ordinance 9500 designed under
ordinance 6871 for which a building permit is not obtained within the one hundred
and eighty day grace period, it would have to be redesigned according to Ordinance
9500. This is specifically, step by step what we said in the letter.
Mayor Ferre: Okay.
Mr. Garcia -Pedrosa: Now Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Garcia -Pedrosa: Excuse me. I have to bring that back to you this afternoon
if you are in agreement with that in principle in the form of an Emergency
Ordinance.
Mayor Ferre: This is just in princple. We are voting now on the motion in
principle. All right? Moved by Plummer. Is there a second?
Mr. Carollo: Second.
Mayor Ferre: There is a second. Further discussion? All right, call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION NO. 83-437
A MOTION OF THE CITY COMMISSION STIPULATING THAT IF, AT THE TIME
THE NEW ZONING ORDINANCE GOES INTO EFFECT (June 27th) THERE ARE
APPLICATIONS FILED UNDER Ord. 6871 STILL PENDING, THAT A GRACE
PERIOD OF 180 DAYS SHALL BE GRANTED IN ORDER THAT THE PROCESS
MAY BE COMPLETED; AND FURTHER STIPULATING THAT IF, AT SUCH TIME,
THERE ARE ANY PUBLIC HEARING APPLICATIONS PENDING ALSO, THAT A
90-DAY GRACE PERIOD - TO BE COUNTED FROM THE CONCLUSION OF THE
PUBLIC HEARING - SHALL BE GRANTED IN ORDER TO COMPLETE THE
PROCESS AND OBTAIN THE BUILDING PERMIT.
Upon being seconded by Commissioner Carollo, the motion was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
49 MAY 311983
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23. AUTHORIZE AND DIRECT CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO
EXCEED $25,000 AS MATCHING GRANT TO DANCE MIAMI.
Mr. Carollo: Can we take up Dance Miami now? That will take about four
minutes.
Mayor Ferre: Go ahead.
Mr. Carollo: We can get a representative from Dance Miami up and let us know
what kind of luck you have with the County.
Mr. Arthur Curtiss: My name is Arthur Curtisg, I reside at 1718 S. W. 23rd
Terrace.
Mayor Ferre: Dance Miami, you remember, is a pocket item that Mr. Carollo is
bringing up. He was not here when we had pocket items. As you recall, we
offered to up to $25,000 to Dance Miami. Carollo made a (and we all voted on
it) motion , and it was subject to them getting $25,000 from the ... the motion
was $25,000...
Mr. Carollo: $25,000.
Mayor Ferre: We then can back to $15,000, because that is what it was, but it
wasn't on the record. That was subsequent to the Commission meeting. There
was a condition on it, dealing with the County putting up $25,000 and it had
something to do with the Herald too, but that was rather nebulous, so he is
back to report.
Mr. Curtiss: Dade County did give us $25,000. We have received the money,
most of which has already been spent, and the Herald did continue their com-
mitment to us and in the same way that I could say last time in the amount of
money. We haven't a statement from them, but it is above $25,000 value to us,
and we would request that the City Commission, along with that motion, continue
and give us the $25,000 that.we requested....
Mayor Ferre: How much did the County give you? $25,000?
Mr. Curtiss: $25,000.
Mayor Ferre: From the County itself - it wasn't from the T.D.C.
Mr. Curtiss: It is out of General Revenue, yes. It was not from the Council
of Arts and Science.
Mr. Carollo: Now, the Herald, the commitment they have to you is for in -kind
service through the paper?
Mr. Curtiss: Through advertising, and what they did after this meeting was,
there was a deep breath taken in terms of time and they just continued to
give us five very large ads promoting our concert. Totally on the strength of
that, we made $4,000 in profit at our spring concern for the first time.
Mr. Carollo: What did they say to you regarding cash contributions?
Mr. Curtiss: They did not say.
ur r'arntlns Well, I can take that serious, coming from the Herald. They spent,
myself alone, I think, close to $200,000 in advertisements last year - that is
including the Mayor and the rest of the Commission - we might have hit a million
year all together„ but...
Mayor Ferre:
Mr. Carollo: Yes, the classified ads for right? I think my point is
well taken. See, what is beginning to happen is that we are beginning to have
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MAY 3 11983
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a strong newspaper form of government and the Herald is a big monopoly, unfor-
tunately and they feel that they can control everything that moves in this
County, and if there are people on this Commission that are going to be inde-
pendent, that are not going to be to the left of Lenin, that they are going to
put them on their black list and do away with them! I know that after Com-
missioner Lacasa was defeated, they felt that they could defeat everyone.
Well, the Herald didn't defeat Commissioner Lacasa. It was the people that
defeated Commissioner Lacasa, including some of sitting here in this Commission
that went against him - not the Miami Herald! And if it wasn't that some of us
did the leg running to expose some of the things that Commissioner Lacasa was
doing, the Herald would have never even known what was gcing on, but...
Mayor Ferre: Joe, I subscribe to all of that, but...
Mr. Carollo: Maurice, I am getting to the point.
Mayor Ferre: Okay.
Mr. Carollo: I am getting to the point! At the same time, I don't want to
hold them hostage, because of the Miami Herald. The point that I wanted to
make was that the Miami Herald is very free to say so and so should give money
and so and so should get money, and so and so needs to get $25,000, when it is
not coming from their pockets, because the so called in -kind contribution in
the form of advertising is not valid, because they have got so many pages they
are going to publish every day, that they are going to fill those page numbers
with something or other.
Mr. Curtiss: I agree with you in principle Mr. Carollo.
Mr. Carollo: The point that I am trying to make and you have got me on your
side, don't lose me now... the point that I am trying to make is that it shows
the hypocrisy that when it comes down to placing your dollars up front, they
won't do it, and I find it very insulting that as they talk about pressure
groups - developers are pressure groups, these people are pressure groups -
well the biggest pressure group in this County is the Miami Herald! They try
to intimidate people to voting as to what they want and if you don't vote the
way they want, they will set their dogs out on you and try to destroy you. So,
I think my point has been made. They didn't come through with their $25,000.
The County did, and the City is doing it. I will make a motion to grant
Dance Miami a contribution of $25,000.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Commissioner Perez seconds. Further discussion? This is the same
thing that we did before without the Herald requirements. Further dis-
cussio? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION NO. 83-438
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE
AN AMOUNT OF NOT TO EXCEED $25,000 AS A MATCHING GRANT (together
with METROPOLITAN DADE COUNTY) FOR "DANCE MIAMI".
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
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THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF
RECESS AT 12:05 P.M., reconvening at 2:30 P.M., with all
members of the Commission found to be present
except for: Commissioner Joe Carollo and Commissioner
Demetrio Perez, Jr.
24. PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS.
1. COMMENDATION to Mr. James Hunt, Principal, Booker T. Washington Junior
High School for his dedication to the school.
2.
COMMENDATION
to
Mr. William Joseph Stirrup, for his contribution and
services to
all
citizens of Dade County.
3.
COMMENDATION
to
Officer George Lopez and Officer Arthur Serig, Most
Outstanding
Police Officers of the Month for April, 1983.
4.
COMMENDATION
to
Sgt. Frank Maye, for his proficiency as a Police Officer.
5.
COMMENDATION
to
Lt. Walter Martinez and Officer Juan Diaz, for outstanding
performance.
6. COMMENDATION to Mr. Carlos M. Perez for his assistance to minority groups.
7. RESOLUTION expressing condolences to the family and friends of Metro
Police Officer Stephen Owen Corbett.
25. AUTHORIZE CITY MANAGER TO EXTEND CONTRACT WITH SARAH EATON.
PROFESSIONAL SERVICES, PERTAINING TO HISTORIC PRESERVATION.
Mayor Ferre: Agenda Item Number 38. This is authorizing the extension of
the contract with Sarah Eaton, Mr. Manager.
Mn Rodriguez: Mr. Mayor, you have before you resolution which we ask you to
extend the contract for Sarah Eaton. The reason we are increasing the contract
from the amount that is shown over here to the new amount is due to the fact
that she will be... the contract will be for more than a full year now. Any
questions?
Mayor Ferre: Questions from members of the Commission? We are on Item Number
38, extension of contract for Sarah Eaton. Is there a motion?
Mr. Plummer: Well, you know, where is the bottom line on this? I see it is
an increase of about $90.00 a week, but I also see that it is jumping annually
for the contract from $18,000 to $48,000.
Mr. Rodriguez: No, let me explain that. The figure that you have there before
for $18,000 was for less than a year. It was a contract that extended from
a period of so many months for less than a year. In the new contract, we are
trying to cover the rest of this fiscal year and the total amount for the follow-
ing year, that is why the amount is $48,000.
Mr. Plummer: But, I mean, is this thing as far as the City's obligation going
to go on infinitum?
Mr. Rodriguez: Well, in this case, it depends on how long we are going to go
with the Historic Preservation Program that we have. Let me try to explain a
little bit more on this. The money for that project to pay for her salary is
coming from Community Development Program. This Community Development (C.D.))
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MAY 31 1983
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this will free one of my Planners, which is working now full time, which is
Joyce Meyers, to work on planning items basically only, as compared to the
way it is now, in which I have to divide her time in planning items and most
historic preservation items. Joyce Meyers will be able to work in the future
in other areas such as Brickell, downtown, Edgewater and so on.
Mr. Plummer: Well, I don't know how this is going to go, but I am going to
tell you, if you take Joyce Meyers off of this, you alre making a mistake.
Mr. Rodriguez: I am glad to hear that! Joyce Meyers will be supervising
Sarah. Sarah Eaton will be working full time on this.
Mayor Ferre: Joyce, are you for this? Mr. Manager, are you recommending?
Mr. Gary: Yes, sir.
Mayor Ferre: Any further discussion?
Mr. Plummer: Move it.
Mayor Ferre: J. L. Plummer moves, is there a second? Is there a second?
Mr. Carollo: I, well... I...
Mr. Dawkins: I second it.
Mayor Ferre: All right, there is a motion. It has been seconded. Further
discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-439
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE
CONTRACT WITH SARAH E. EATON FOR PROFESSIONAL SERVICES
PERTAINING TO HISTORIC PRESERVATION BY EXTENDING THE TIME
OF PERFORMANCE TO JUNE 15, 1984; BY INCREASING THE CON-
TRACT AMOUNT TO $48,229 AND BY INCREASING THE WEEKLY RATE
TO $550.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Petez, Jr.
ON ROLL CALL:
Mr. Carollo: What was the recommendations of the City Manager on this?
Mr. Gary: I recommend it, Sir.
Mr. Carollo: You recommended it, so I will vote for it. I vote "yes".
Mayor Ferre: Now, these monies are coming from the Federal Government, Gentle -
These are C.A. funds. Now, that doesn't mean that we can could go out and
spend them, but it does mean that we go out and spend it wisely and I think that
if Joyce recommends it and Sergio recommends it and the Manager recommends it,
and the money is coming from Washington, I think we are well off, so I vote
with it.
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Mr. Gary: And more importantly, Mr. Mayor, they assist all these private
people in terms of getting all of their paperwork together.
Mayor Ferre: Yes, that is exactly what everybody is worrying about.
Mr. Gary: Well, their homes too, not only just the businesses, the homes also.
Mayor Ferre: Funeral homes and other things like that.
Mr. Plummer: WHAT funeral home!
26. CONFIRM SELECTION OF INDIVIDUAL BY CERTIFIED BARGAINING
REPRESENTATIVE OF CITY EMPLOYEES AS A MEMBER OF THE CITY OF
MIAMI AFFORMATIGE ACTION ADVISORY BOARD.
Mr. Gary: Agenda Item 40 is just confirming the Union appointment to the
board.
Mr. Carollo: So moved.
Mr. Plummer: Second.
Mayor Ferre: Carollo moves the appointment of Lilia Scott to replace Hines
Breden as representative of the Sanitation Employees.
Mr. Gary: No sir, it replaces Mr. Hines Breeden.
Mayor Ferre: That is what I said!
Mr. Gary: Okay.
Mayor Ferre: By the appoint of Lilia Scott to replace Hines Breeden as
representative of the Sanitation Employees Association Affirmative Action
Board. It is moved by Carollo. Who seconds it?
Mr. Plummer: I did.
Mayor Ferre: Plummer did? Further discussion. Call the roll on 40.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-440
A RESOLUTION CONFIRMING THE SELECITON OF AN INDIVIDUAL BY
A CERTIFIED BARGAINING REPRESENTATIVE OF CITY EMPLOYEES AND
RECOGNIZING SAID INDIVIDUAL AS A MEMBER OF THE CITY OF
MIAMI AFFIRMATIVE ACTION ADVISORY BOARD.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
ON ROLL CALL:
Mr. Dawkins: I vote "yes" and in voting "yes" I wish the City Attorney or
the Manager,... somebody, would make it explicit so that when the newspapers pick
this up again somewhere down the road, they won't say that we voted for some-
thing that is a conflict of interest54 MAY 31 1983
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Mr. Gary: No, sir. They have a right to have a member on the Board. They
select him. The only thing you are basically doing is ratifying. You cannot
reject the decision they have made.
Mr. Dawkins: That is the same thing with the H.M.O.
Mr. Gary: That is correct, sir.
Mr. Dawkins: This Commission has no right at all to dictate to the rank
and file what H.M.O. to use.
Mr. Gary: That is correct.
Mr. Dawkins: And you brought it to us merely to inform us of what was
happening.
Mr. Gary: Well, if you recall, during my first evaluation, the City Com-
mission was concerned about me keeping them informed on major policy mat-
ters and the H.M.O. issue, by Federal law, cannot be made by the City
Commission, nor the City Administration. It has to be made by the Unions.
Their decision is binding. The City Manager, nor the City Commission can
override it. The only reason we bought'it before you in terms of resolu-
tion form was basically to inform you. And if any error was made, it was
made that I shouldn't have brought it as a resolution, I should have brought
it merely as a discussion item, so it was not something that you had a
decision on.
Mr. Dawkins: And this is the same type of a ...
Mr. Gary: That is correct, sir.
Mayor Ferre: Have we voted on this?
Mr. Ongie: You haven't, sir.
Mayor Ferre: I vote "yes".
27. AMEND SECTION 3 OF R-83-330, APRIL 6, 1903, BY EXPANDING THE
MEMBERSHIP OF THE EAST LITTLE HAVANA TASK FORCE FROM TEN TO
THIRTEEN MEMBERS.
Mayor Ferre: We are now on Agenda Item 43. This is amending Section 3 of _
Resolution 88-330...
Mr. Plummer: This is just ratification. I move it.
Mr. Garcia -Pedrosa: No, it is a little bit more than that.
Mayor Ferre: Oh, wait a minute. There is a problem.
Mr. Carollo: Who were the extra three people who were appointed.
Mayor Ferre: Yes, let me tell you about that. What happened was, we had
some rumbling around here that out of the ten, there were nine Latins and
one Anglo, so we added ... I took it upon myself, and I hope you forgive me
for this and I called ... I think, Carollo, I don't know whether it was
your office that was called - I think it was; I think you were all called
to add the president of the Victoria Hospital, I forget his name. Does
anybody have his name?
Mr. Plummer: C. T. McCrimmon?
Mavmr Ferre: Little, isn't it?' Sweat, that is it! And then somebody from
the Dade Heritage Trust.
Mr. Rodriguez: Dolly McEntyre.
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Mayor Ferre: Dolly McEntyre.. I think those are the two, right. It goes
from an eleven to a thirteen member board.
Mr. Gary: Ten, sir. Ten to Thirteen.
Mayor Ferre: No, because this is...
Mr. Gary: From ten to thirteen.
Mayor Ferre: Well, does somebody remember what happened? There was two
people added, right? It was eleven before and it is thirteen now.
Mr. Rodriguez: Originally was eleven, right.
Mayor Ferre: It was eleven originally, not ten, and there were two Anglos
added. Now there are three out of thirteen, and there are ten Hispanics
Mr. Garcia -Pedrosa: There were ten, they appointed eleven, and then added
two more.
Mayor Ferre: It was eleven. All right,• with those additions then, is there
a motion?
Mr. Plummer: So moved.
Mayor Ferre: Plummer, I don't think you can vote on this, because you were
born in Victoria Hospital, so you got a conflict of interest!
Mr. Plummer: How do I benefit by that?
Mayor Ferre: Well, I can tell you for sure how we do not benefit by that!
(LAUGHTER) All right, Plummer moves, Carollo seconds. Further discussion
as amended. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-441
A RESOLUTION AMENDING SECTION 3 OF RESOLUTION NO. 83-330,
ADOPTED APRIL 6, 1983, TO PROVIDE FOR AN INCREASE IN THE
MEMBERSHIP OF THE EAST LITTLE HAVANA AREA TASK FORCE FROM
10 to 13 MEMBERS; FURTHER APPOINTING 5 MEMBERS TO SERVE
ON SAID TASK FORCE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
ld 56 MAY 311983
q
28. AUTHORIZE CITY MANAGER TO EXTEND ALL ENTRANT IMPACT AID PROGRAM
AGREEMENTS FOR PROFESSI014AL JOB TRAINING SERVICES THROUGH
JUNE 30, 1933.
Mayor Ferre: Agenda Item 44.
Mr. Plummer: Move it.
Mayor Ferre: Mr. Manager.
Mr. Gary: Mr. Mayor, what this does, it extends for thirty days the current
contracts we have for those people who serve primarily Cuban and Haitian
refugees to assist them in assimilating into the community. The grant was
approximately 1.8 million dollars, as I recall the figure and...beg pardon?
Mr. Carollo: Who do we have doing this job for us again?
Mr. Gary: You approved all the contracts. I don't have them before me.
What this primarily does - the Federal Government has suggested that we
extend the time for another thirty days, where the new money will be coming
in and then we will go out for readvertising again.
Mr. Carollo: Okay, so moved.
Mayor Ferre: All right, it has been moved and seconded. Further discussion?
Mr. Dawkins: But before we award the new money, the applicant will come be-
fore us.
Mr. Gary: You have to make that decision.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-442
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND ALL
ENTRANT IMPACT AID PROGRAM AGREEMENTS FOR PROFESSIONAL
JOB TRAINING SERVICES FROM JUNE 1, 1983 THROUGH JUNE 30,
1983 AND TO ALLOCATE ADDITIONAL FUNDS TO THOSE ORGANIZA-
TIONS WITH INSUFFICIENT ATTRITION FUNDS TO CONTINUE FOR
THAT PERIOD.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
NOTE FOR THE RECORD: Agenda Item Number 37 was continued.
57
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MAY 311983
29. EMERGENCY ORDINANCE: AUTHORIZING THE ISSUEANCE OF PARKING SYSTEM
REVENUE BONDS FOR THE CITY OF MIAMI IN AN AMO ML NOT TO EXCEED
$16,000,000.
Mayor Ferre: We are now on Agenda Item 45. All right, Roger.
Mr. Roger Carlton: Mr. Mayor, we have a problem that has arisen on this
which I think needs to be discussed briefly with the City Commission and
that this is the Second Reading of the ordinance for the advanced refunding
of the offstreet parking debt. The First Reading was approximately two
weeks ago and the City Manager Gary asked that the City's financial advisor
look at it before Second Reading and we did that in New York and there is one
small change which I would like to read in the record, which is acceptable
to everybody concerned and will make the City's financial advisor comfortable.
The second problem that has arisen is the same problem that occurred this
morning on Second Reading on some of the items was that when this thing
was published, the time of the hearing was left out, which makes the
advertisement incorrect. If we wait two more weeks, the problem that arises
is that the bond buyer index is going up and it has gone up by two -tenths of
a point in the past week and it appears to continue to go up due to these
massive Federal deficits. That could cost us hundreds of thousands of dollars
over the life of this bond issue.
Mr. Plummer: Item 45 is not scheduled for a Public Hearing, and as such,
you don't need a time applied
Mr. Garcia -Pedrosa: It should be scheduled for a Public Hearing.
::aJor Ferre: Let's get this clarification to the City Attorney, because I
think Roger is totally right. I read the Wall Street Journal too.
Mr. Garcia -Pedrosa: Mr. Mayor, if it was intended to be published as a
Second Reading, it was not done in accordance with State Law. If it was
intended to be published as a Public Hearing, it was not done by virtue
of what you have in front of you. It doesn't say it is a Public Hearing.
Mayor Ferre: So, under any circumstances, we can't vote on it today.
Mr. Garcia -Pedrosa: There is only one way you could do that, sir, and that
would be to turn it into an Emergency Ordinance.
Mayor Ferre: Mr. Manager, what is your...
Mr. Gary: If I may, if I recall, the first meeting, this was scheduled as
an Emergency item. The City Commission voted on First Reading with the
understanding that at the next City Commission meeting, we would continue
this item, which is the same normal procedure we followed in the past, so
that we wouldn't have to readvertise, Mr. Attorney. I think we are in
compliance, but I yield to the Attorney.
Mayor Ferre: All right, Mr. City Attorney, you are saying that if we do
this as an Emergency Ordinance, then we can do it today, is that right?
Mr. Garcia -Pedrosa: No, no, but that was First Reading.
Mr. Plummer: I wouldn't do it on an emergency.
Mayor Ferre: Why not?
Mr. Plummer: No, I think you are subject to prove your emergency.
Mr. Gary: I think we can.
Mayor Ferre: Do you have to prove your emergency?
RM
MAY 31 1983
0
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Mr. Plummer: No, just have a Second Reading.
problem with Second Reading.
I don't think we would have a
Mayor Ferre: No, no, no: Follow me again. The City Attorney has ruled that
we have a problem on reading things today on a Second Reading basis because
we have not properly complied with the law. For us to vote this on a Second
Hearing basis, according to him, would be an illegal act. J. L., that is up
to the City Attorney to determine. I will do it anyway ... Mr. City Attorney,
you have got rule on this and I will vote anyway you tell us we can vote on
it.
Mr. Garcia -Pedrosa: The only thing you can do, Mr. Mayor, if you want to
pass this ordinance today, is to have this ordinance adopted as an Emergency
Ordinance. That means that there must be a basis upon which to declare an
emergency. You do the declaring of the emergency. That is not something I
would do.
Mayor Ferre: I will declare this as an emergency, because unless we move
on this forthwith, it is going to cost the taxpapers of this City hundreds
of thousands and maybe even millions of dollars. Now, isn't that emergency
enough?
Mr. Gary: And I think it jeopardizes those taxpapers that have to pay that
amount of money over and above what they can pay now, which jeopardizes
their welfare.
Mayor Ferre: Thank you, sir. You are pretty good!
Mr. Plummer: He is learning.
Mr. Carlton: Mr. Mayor, there is one provision that is recommended by the
City's financial advisor Lowrey that be changed, and that is on Page 7-3,
that SPrtion "E" be deleted. This is a holdover from the previous bond issue
where should the Off Street Parking Authority have insufficient earnings
to support the street meters, the City would have to subsidize that operation.
That has never occurred in twenty-five years.
Mr. Plummer: I'm glad you brought that up! Let me tell you what I've got
a problem with, Roger.
Mayor Ferre:
Mr. Plummer: Yes, I am going to talk an awful lot, because I want to tell
you something. I've got a real problem and I am going to use one example
and then you can magnify it from there. Mr. Gary, I want you to listen to
this. N. E. 2nd Avenue, from 2nd Street to Flagler Street, on the right
hand lane of the west lane, you have got loading zones. If you have ever
tried to pass on that street, it is impossible. Then, suddenly, out of no-
where, within the last thirty days, on the left hand side of the street
suddenly appears meters, which have cut it down from three lanes, which
were impossible to get through, to two lanes, further complicating the
problem of downtown. Now, what right does the City Off Street Parking
Authority have the right without approval to go there and put meters where
they have never existed before. I think they have just caused an un-
believable tie up in downtown Miami.
Mr. Carlton: Commissioner...
Mr. Plummer: No, you are wrong! And I refer to your article that calls
you a carpet bagger.
(INAUDIBLE BACK GROUND COMMENTS)
Mr. Plummer: No, he is a carpet bagger, because it speaks to Puerto Rico.
:ic sent me the article out of the New York times and ...
Mayor Ferre: No, no, no, the Miami News!
Mr. Plummer: Gebre did that?
59
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MAY 31 1983
n
Mayor Ferre: No, Howard Kleinberger. You better be careful what you say about
him now, Plummer! Endorsement should be coming in about three months.
Mr. Plummer: Yes, but you are getting endorsed through the wrong city!
Go ahead, Roger.
Mr. Carlton: Commissioner, the program that you are referring to is the
installation of eighty-eight meters on Miami Avenue and northeast S. E. 1st
through 3rd Avenues.
Mr. Plummer: No, 2nd Avenue.
Mr. Carlton: It was all through from Miami over to 3rd Avenue. This was
done on an experimental basis for ninety days with the approval of the
DMBA and the County traffic, the Downtown Merchants Business Association -
Willy Gort's organization.
Mr. Plummer: Well ... have you been down 2nd Avenue? Get down 2nd Avenue.
Mr. Carlton: The bottom line was that it is an experimental program.
Within a month, and it is about six weeks old now, three meters that were
causing traffic problems were removed. It is our commitment that if traffic
does not improve in certain areas, we will remove those meters. Basically,
we have picked up about seventy-five spaces in downtown that didn't exist -
before that are well received by the merchants.
Mr. Plummer: I am telling you that I think they are cutting their own nose.
I really do!
Mayor Ferre: Well, wait a minute. What does that have to do with this?
Mr. Plummer: Well, because he was talking about meters on the streets.
Mayor Ferre: This has to do with the sale of $16,000,000.
Mr. Plummer: No, no. You didn't understand me. He said that this locks
in the revenue from the street meters. These are new street meters which
are going to be locked in under this.
Mayor Ferre: Wait, a minute. Are you saying that?
Mr. Carlton: No, sir. Any meter can be taken out, regardless of this
ordinance. It has no impact on this.
Mayor Ferre: Hey, for us not to vote on this, looking at it right now ... J. L.,
it is going to cost hundreds of thousands of dollars and maybe millions.
Mr. Gary: Mr. Mayor...
Mayor Ferre: Are you all set to vote on this?
Mr. Plummer: I am all set, but I want those meters out - I want to loosen
up that flow of traffic.
Mayor Ferre: Take out the meters, would you please?
Mr. Gary: It doesn't tie us into those meters.
Mayor Ferre: Hey, Dusty, do you want to do me a favor. You want to tell
Joe Carollo that we need his vote in here now? Thank you, sir.
Mr. Gary: Mr. Mayor...
Mayor Ferre: All right, members of the Commission will be talking to you
about their pet meters to be taken out.
Mr. Plummer: Not mine! I don't have any pets. I don't operate downtown.
Mr. Dawkins: They all make fun of Plummer's funeral...
MAY 3 11983
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Mr. Gary: Mr. Mayor...We concur with these two recommendations and particular-
ly the last one because they removed the parking authority as a liability
against our financial health. They have to stand on their own. The third
thing, Mr. Mayor, I think needs to be added to this is, if you read the
beginning, there is some change in policy in terms of the mixture of the
public and the private sector in terms of the utilization of parking
structures in conjunction with other types of activities, particularly a
commercial activity. I think it would be important that once this occurs
that we identify a plan, or develop a plan that will identify areas that need
parking and allow people to bid on a particular location so that we would not
be given the impression that we are giving favorable treatment to any one
particular landowner.
Mayor Ferre: All right, are we ready to vote now?
Mr. Plummer: No, we don't have four votes yet.
Mayor Ferre: We will by the time we read the ordinance and vote. There he
is now - we have four members present. All right, who will make the motion?
Mr. Carollo: So moved.
Mayor Ferre: Carollo moves. Who seconds?
Mr. Dawkins: Second.
Mayor Ferre: Dawkins seconds. Further discussion. Read the ordinance.
Mr. Garcia -Pedrosa: Mr. Mayor, when I read the ordinance, I am going to
read it without Section 13.14, which is for the thirty day effective period,
since an Emergency Ordinance is effective immediately.
Mayor Ferre: This is an Emergency Ordinance. Let the record reflect that
a copy of this ordinance is before all members of the Commission, and that
any member of the public who wishes to see it and has it before him, the
reason why this is an emergency is ... Howard, how was that again?
Mr. Gary: Because it would cost the citizens of Miami a consider amount of
increased interest rates, which will affect their welfare.
Mayor Ferre: All right, further discussion? Read the ordinance.
AN ORDINANCE ENTITLED
AN EMERGENCY ORDINANCE AUTHORIZING THE ISSUANCE OF
PARKING SYSTEM REVENUE BONDS OF THE CITY OF MIAMI,
FLORIDA, INCLUDING AN INITIAL SERIES OF BONDS IN
AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING
$16,000,000 FOR THE PURPOSE OF PAYING AT THEIR
RESPECTIVE MATURITIES OR REDEEMING THE OUTSTANDING
PARKING FACILITIES REVENUE BONDS OF THE CITY ISSUED
PURSUANT TO ORDINANCE NO. 7414, ADOPTED ON
MARCH 14, 1966, AS AMENDED, AND ORDINANCE NO. 9060,
ADOPTED ON JANAURY 24, 1980, AS AMENDED; PROVIDING
FOR THE PAYMENT OF SUCH BONDS AND THE INTEREST
THEREON FROM NET REVENUES DERIVED BY THE CITY FROM
ITS PARKING SYSTEM: AUTHORIZING OTHER CLASSES OF
INDEBTEDNESS TO BE SECURED AS HEREIN PROVIDED;
SETTING FORTH THE RIGHTS AND REMEDIES OF THE
HOLDERS OF SUCH BONDS; AUTHORIZING THE VALIDATION
OF SAID BONDS; AND PROVIDING AN EFFECTIVE DATE.
61 1983
.MAY 31
Was introduced by Commissioner Carollo, and seconded by
Commissioner Dawkins for adoption as an emergency measure and dispensing
with the requirement of reading same on two separate days, which
was agreed to by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
Whereupon the Commission on motion of Commissioner Carollo, and
seconded by Commissioner Dawkins, adopted said Ordinance by the following
vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9618
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.
Mayor Ferre: Mr. Manager, we sold $25,000,000 worth of bonds last week for,
as I recall...
Mr. Gary: 8.89%.
Mayor Ferre: It was 8.87%.
Mr. Carollo: That was the total?
Mayor Ferre: Yes. I notice that Miami Beach sold $15,000,000 worth of
bonds and they were over. The thing that surprised me, is I saw in the
New York times last week that on the same day - we finally closed on
Thursday, as I recall. By the way, I have been out of town - did it hit
the press at all? Of course, that is good new, so the press won't cover that. Was there any press coverage at all?
Mr. Carollo: Yes, Mr. Zaldivar's articles on zoning in the City of Miami.
Mayor Ferre: No, no, no. I am talking about the conclusion of the sale
of $25,000,000 worth of bonds. As you know, we were sued - I mean, there
was an intervention by legal counsel for the unions, for the Fire Fighters
union tried to stop us from selling. They sent a long, and I thought very
well written and well documented statement and usually in the past, Mr.
Manager, that type of thing usually holds up the sale of bonds. The last
time that happened, the Fire Fighters actually stopped the sale of
$25,000,000 worth of bonds. The S.E.C. stopped us. I think it is a very
significant bit of news, even though it won't be reported, that on a
nn0tive sire, that number one, we got an increased rating by the rating
company Standard, Poor 6 Moody, and that we now went from "A" to "A+",
number two, that even though a union tried to stop us from selling the
_...:_ they did it last time, it was front page of both newspapers
in the local section. This time they were unable to do it and it didn't
even hit the press. The third thing I want to point out about it is, and
I want you to investigate this for me, is that on Thursday, the City of
Dallas, that has a "AAA" rating, or has had, up until now (maybe that is
Houston) sold $25,000,000 worth of bonds and they sold it at 9.2% interest.
62
MAY 31 083
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The question I have for you, and I want you to put it in writing, even though
it won't get to the press, I want it documented for the election, if for nothing
else, that in the same week that Dallas sold at 4.2%, the City of Miami sold at
8.87%, and I think that is a great tribute to you as Manager, a great tribute
to our Bond Counsel, and a great tribute to the City of Miami Commission.
Mr. Carollo: Howard, can you also send him an in -kind contribution bill?
(LAUGHTER)
Mr. Gary: But Mr. Mayor, you are correct...
Mr. Plummer: Tomorrow morning in the Miami Herald you will read that the
City of Miami is going to the poorhouse with a low rate of interest.
Mayor Ferre: As a matter of fact, J. L., because they will probably quote
you on that, let me say that the City of Miami has in the past five years
decreased its percentage of indebtedness and it is one of the most con-
servatively indebted cities in the United States which is why we were
increased in our rating, so it is just the opposite that happens to be
true.
30. REPORT ON 1933 GRAND PRIX RACE AND PLANS UNDERWAY FOR 1934
EVENT, NEGOTIATION OF PURCHASE OF BARRIERS AND OTHER MATERIALS
FROM RALPH SANCHEZ. (Also see Label 30-b)
Mayor Ferre: All right, are we ready to talk about the Grand Prix? It is
Item Number 39.
Mr. Plummer: Mr. Mayor, as you will recall, this item was brought
by myself at the last Commission meeting asking the Administration to pursue
and look into this matter and come back today with a recommendation and if
possible, an agreement.
Mayor Ferre: J. L., I don't see Ralph Sanchez anywhere around.
Mr. Plummer: Well, you just said the magical words, the goose came out of
the ceiling!
Mayor Ferre: Okay, there he is.
Mr. Plummer: Mr. Mayor the Administration has come back with a document.
Subsequently, yesterday morning I received a call from Mr. Norman Braman,
who asked to be heard on this item before the Commission. I assured him
that he would have that. opportunity. The document is available to the
public. Basically, what it is - it is in no way - let it be fully under-
stood, and not misunderstood, this is not a grant of money. This is a loan,
which will be at the current rate of interest, paid back to the City of
Miami in the next four years. I don't know whether I should go any further,
or I need to. I have always looked at this event, after last year, where
I don't think we have that one biggy every four years, a chance in the near
future, called Super Bowl. I do feel, that this could be, for the next
fourteen years, replacing on an annual basis, that which we had before in
Super Bowl. There is maybe some discrepancy, give or take, a million.
This was seen supposedly on the S.I.N. network by 223,000,000 people. in
the lower half of the United States and in in Latin in South America. There
is no question that this year, even with all of the adversities, the hun-
dred year rain that we had, it was still well attended, and in fact, it came
off, I think under the circumstances, as good as could be expected. Since
Mr. Gary is recommending this item, I would like -the Commission to appoint
him as a committee of one to sell raincoats this year in case it rains
again that we will be able...
Mayor Ferre: Oh no! Guarantee no rain!
Mr. Plummer: No rain, all right - that he would be able to recoup our money.
Mayor Ferre: And we want a mortgage on your funeral home as a guarantee!
63
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Mr. Plummer: You can have a mortgage on my funeral home.
ld
Mayor Ferre: Okay. What else you got?
Mr. Plummer: Mr. Mayor, you have all of it before you and as such time as
Mr. Braman has had his opportunity to speak, or anyone else who wishes to,
I am prepared on the document which we have... if Mr. Gary wants to say any-
thing or not, I am prepared to make a motion.
Mayor Ferre: All right, Mr. Gary, let's hear from the Administration.
Mr. Gary: Mr. Mayor, first of all, this is a City sponsored event, jointly =_
with this particular firm. The economic advantage to the community has
been great. My only concern, which has been resolved is that the money
will be loaned in terms of the repayment of that loan at the current
interest rate that we would have gotten, or the current return that we
would have gotten for that money if we had invested it ourselves, and
furthermore, that we would have the right to lease that equipment, or that
capital equipment to anybody else who wanted to use it, which would be
money over and above the current return that will be required by the
promoter. Furthermore, the promoter is personally liable for the money,
and secondly, that if he plans to sell the right of this event to anybody
else (first of all he has to get permission in any event from you) but that
the person who assumes those rights would also be obligated to pay or he
would be obligated to pay himself personally, I mean in terms of liability.
The funding would come from the Highway Bond Fund, which is a capital fund,
and the money would be paid over four years.
30.a. BRIEF DISCUSSION ITEM REGARDING PRESS COVERAGE OF BOND
SALE AND CITY OF iiIAMI'S UPGRADED BOND RATING.
(See Label 29)
Mayor Ferre: Mr. Manager, before going on, I want to stand corrected. I
have just been handed a copy of yesterday's Miami Herald business section -
Business Monday, in which on Page 36 there is an article, a small paragraph,
by Dick Davis - "Miami's Bond Rating Upgraded by Standand & Poor", so I
stand corrected. I am glad - this is the first time that seen that in
the Herald. The News published two weeks ago a very nice little article
about the upgrading of our bonding, so I stand corrected on the Herald.
Mr. Carollo: Did you read the Miami News?
Mayor Ferre: I didn't read the Miami News.
Mr Carollo: Yesterday's Miami News.
Mayor Ferre: No, I didn't, I have been out of town. I got in last night
from out of the country.
Mr. Carollo: Well, just get a copy, Mr. Mayor.
30-b. CONTINUATION OF GRAND PRIX RACE DISCUSSION - REPORT OF
1933 RACE AND PLANS FOR 1934 EVENT. (See Label 30)
Mr. Plummer: Mr. Braman.
Mr. Norman Braman: Mr. Mayor, Comissioners - J. L., I want to thank you
Personally for keeping in touch with me today and giving me the approximate
time for this hearing. I here today to strongly object and oppose what I
consider to be a grant of $500,000 to Mr. Sanchez to promote his Grand Prix.
Sanchez came u with this idea in the entrepreneurial ability
p great
that he has so exemplified during his life, he did it with all the fanfare,
and the assurances that he expected to lose money the first year or second
64 MAY 3 1900
year, but over a period of years he expected the Grand Prix to be a profitable
event. Well, we didn't hear before the Grand Prix, that Mr. Sanchez would come
back to the City and ask for $500,000 and ask for an additional $500,000 to be
appropriated by the Florida Legislature. What we heard was a grand plan, true,
good for the City of Miami, but also good for an entrepreneur like Mr. Sanchez.
We just finished a major event here in Dade County and in Miami, the Christo Pro-
ject�$3,500,000 raised by Mr. Christo, without five cents coming from the City
of Miami and without five cents coming from the County. We had a fight last
year - a world championship fight promoted here in the City of Miami. No
money passed from the City of Miami; no money from Dade County. City of
Miami didn't subsidize these promoters. These promoters stuck their neck
out. They realized that it was a long shot to make a profit, but yet they
made a profit anyhow, which just about covered their expenses. I submit to
you gentlemen, that Mr. Sanchez went into this with his eyes wide open and in
the true entrepreneurial spirit of our country, Mr. Sanchez should stick by
his word if he is to promote future Grand Prix' in Miami. I have a copy of
last month's Automotive News, which I will leave with you gentlemen. The
feature stody in the Automotive News deals with the Detroit Grand Prix.
There is a major difference between the Detroit Grand Prix and the Miami
Grand Prix. First of all, the Detroit Race is a formula one race - much more
stature, far greater expenses - pardon me?
Mayor Ferre: A formula one race?
Mr. Braman: Yes, a formula one race. It eludes and makes mention of the
support in the City of Detroit towards this race by the businesses who pro-
fit, the people who profit, the hotels who profit and it makes particular
mention that the City of Detroit is not subsidizing the Grand Prix. Now,
Mr. Plummer says that this is not a subsidy, and it is not a handout. And
maybe, J. L., if Mr. Sanchez could get a bank to issue an irrevocable
letter of credit to the City of Miami to guarantee this $500,000, this debt
that he is willing to guarantee himself, I might be inclined toward some
sort of a loan basis, but without the proper collateral, without the proper
guarantees, what is a loan really worth? How do you really know that that -
loan is going to be paid back? Furthermore, I ask you, has there been
an audit of the Grand Prix last year as far as the expenses? What were the
expenses in bringing all the celebrities here? Why are we really asking
the people of the City of Miami to subsidize something that is based on
the profit motive? Is Mr. Sanchez' venture any different from any other
venture? Is it really any different than Mr. Christo, who raised $3,500,000?
Is it really any different than Mr. Cardenas and a group of others who put
up $2,000,000 or $3,000,000 to bring a championship fight here? I say that
if you put this through the true scrutiny that it deserves, that you are
going to come back with the conclusion that Mr. Sanchez should proceed on
this on his own. And let me ask Mr. Gary - Howard, have we checked to see -
what the price of barriers are and the price of stands? Have put this to
competitive bidding? Does the City of Miami really want to get into barriers
and stands? And did we really subsidize the Grand Prix last year by provid-
ing the type of police protection and the other City facilities that were
necessary during this race here? These are just questions that I bring
before you to ask you to seriously consider before you potentially vote to
give away $500,000, J. L., that Mr. Sanchez has not performed. Last year
he came to this community and said that he would perform without any hand- _
outs. Six months later, or four or five months later, he is back here asking
for a handout. Let's make sure that the City of Miami doesn't lose $500,000.
I would frankly rather see the City, if you have an extra $500,000, go into
the Little Havana section and the Overtown and Liberty City section and give
out five hundred scholarships worth $1,000. Thank you.
Mayor Ferre: Mr. Sanchez.
Mr. Ralph Sanchez: Mr. Mayor and Commissioners. I'd just like to clarify a
couple of points which I think are very important here. First of all, like
Mr. riummer said before, we are not looking for charity. We are not looking
for handouts. All we are asking is the City is —the City benefited in this
vPnr,ire - the sponsors benefited in this venture. The only guy that lost
money here was myself. I am not asking to recoup my losses. All I am
saying is I've got something of value, which I can sell to the City, in re-
turn to create some cash flow to help us until next year. Mr. Braman brought
out the fact that the City of Detroit had not put up a dime to bring that
Gran Prix there. The City of Detroit is not putting up one dime for the
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second year. Last year the City of Detroit funded that Grand Prix with
$900,000 in a grant. In addition, the State of Michigan passed a package,
repaving all of the streets to the tune of over $500,000, so I would tell
Mr. Braman, "Please check those figures". Like Mr. Gary said before, this
is a business deal. We are selling the barriers and the bridges to the City,
and I plan to pay back to the tune of $225,000 a year plus interest, so in
four years, the City would have recouped all of the investment, including
the interest int would have earned if the money would have stayed at the
bank. As far as the expenses for bringing celebrities here and so on, we
did not pay one dime to bring anybody here. Those that came came on their
own. Madame Regine was here in town that weekend receiving a key to
the City from this Commission and she was happy enough to stay here. The
party that was thrown was thrown for our benefit by local clubs and hotels
and I can guarantee to you that our entertainment and travel expenditures
were less than one-half of one percent of the total budget, so if there is
any questions...?
Mr. Plummer: Yes, my question, Mr. Sanchez, I had asked you before. What
was the rating as far as the viewing audience was concerned from the televi-
sion?
Mr. Sanchez: The rating in the United States...
Mr. Plummer: No, total.
Mr. Sanchez: The total rating, the total number of people?
Mr. Plummer: The viewing audience.
Mr. Sanchez: The viewing audience was in excess of $2,000,000...
Mayor Ferre: In the United States is what he is asking.
Mr. Sanchez: In the United States it is 25,000,000 households. We had a
total of twenty-one countries represented by the media here, and I...
Mayor Ferre: Is that something that was ... is their a Neilson rating, or
some kind of a rating taken on that?
Mr. Sanchez: No, I don't...
Mayor Ferre: Whose figures are these, Ralph?
Mr. Sanchez: The S.I.N.'s figures.
Mayor Ferre: How much did S.I.N. invest in this?
Mr. Sanchez: Approximately $1,200,000.
Mayor Ferre: That they invested?
Mr. Sanchez: Yes.
Mayor Ferre: They have a fifteen year contract?
Mr. Sanchez: Yes.
Mayor Ferre: Is it with you?
Mr. Sanchez: Yes.
Mayor Ferre: Let me tell you what my position is. This is what I told uou
when you and I met last week. First of all, I agree with the concept.
Secondly, I do have some serious misgivings, and I agree with what Mr. Bra-
man has said to a great extent. I think there is a middle ground. I don't
think it is a middle ground that is acceptable to Mr. Braman, but it is
acceptable to me the way I would see this. I am not speaking for Mr. Bra-
man, but I heard him speak rather strongly against this. The problem that
I have with this is we are going to do this by waiving competitive bidding.
Now, there is a procedure, Mr. Manager, when we waive competitive bidding.
For example, when we deal with City property, we go out and we get an
appraisal, or two appraisals. I don't think that we have to go out and
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necessarily competitive bid for barriers, but I do think that somewhere
along the line we have got to let the people of Miami have an assurance
that these are reasonable figures, that these are not figures that were
just drummed up or that somebody added a 50% add -on, or whatever, you
know. I think we need to get exact appraisals so that we know that what
we are buying is worth that. The bill doesn't necessarily guarantee that,
because the bill may have other things that were for tax purposes or other-
wise added to it for depreciation or what have you. So, the bills do not
satisfy me, just like the bills would not satisfy me on a piece of property
that the City is about deal with or when we are waiving a bidding procedure
to buy twenty motorcycles, or what have you. When we waive that, and we
get some kind of ?n estimate as to what we are doing makes sense. The
second thing that bothers me and it concerns me, Ralph, is, what if we
don't get the $500,000 from the State? I would hate for us to advance
$500,000 to buy barriers and then find out that that was a nice shot in
the arm, but that didn't make it, see, and you really need the other
$500,000 from the State to make it and then all of a sudden, you have to
cancel the race, because you just don't have a...
Mr. Sanchez: Yes.
Mayor Ferre: Let me finish... because you don't have enough to do it, and
all of a sudden, we are out $500,000 and it is too late to recuperate, then
what are we going to do with barriers - $500,000 worth of barriers, unless
there is a race. If there is a race, then I concur. Now, I don't think
you are going to find a bank in Miami that is going to give you any kind of
a guarantee, or guarantee the City of Miami that our $500,000 purchase is
safeguarded. And I think it is unreasonable to even expect that. I do,
however, want to be sure that if we put $500,000 to buy these barriers that
there is going to be a race next year and hopefully the next year after
that.
Mr. Sanchez: Let me say first of all, that the $500,000 from the State has
nothing to do with actually the Grand Prix directly. Those are not funds
that are coming to the Grand Prix. Those funds are being solicited to come
to the City of Miami for the purpose of purchasing bleachers that can be
used for other events like the Orange Bowl Parade, like the Super Bowl, and
you know, whatever other public events could come to the City of Miami -
Grand Prix being one of them. With this $500,000...
Mayor Ferre: Wait a minute. Howard, when you and I talked about it, you
will recall that I told you the only way ... Rick Sisser has been involved,
and I think Dusty and others have been involved in trying to get this
through the Legislature, which is fine, I am all for it, but I think, I
wanted to make sure that if we are going to get a $500,000 grant to buy
bleachers, I hate for them to be single purpose bleachers and I think what
I told you was I want to make sure that bleachers are adaptable, one, for
the Orange Bowl Parade; two, for the Three Kings Parade; three, to be used
on a regular basis for Coconut Grove Exhibition Hall so we can have boxing
fights and tennis matches, so we can fit ten thousand people into that
property. Now, if we can do those combination things so that the bleachers
are usable in other than the Grand Prix without going through a tremendous
amount of expense, because there are many, many different kinds of bleachers.
Now, follow me, if you buy standard bleachers, it cost you a fortune in
labor to put those thing up because they have got to put on two by two the
way we do it now. If they are of any value to us, they have got to be
pneumatic, or hydraulic or whatever it is that is collapsible and we can
store them in an area and you can load them on a truck and you can just un-
fold them and it takes a couple of hours to put them up. Now, they cost
four or five times more than regular bleachers. Now, that may not be in his
best interests, but I am going to tell you, if we get that kind of grant, I
don't want to vote for this unless I have your assurance, Mr. Manager, be-
cause he may sell his company out! He may get to the point where in three
months he may sell the whole thing out to Norman Braman, or some guy in the
business community and the next thing you know, he is out of it and we are
stuck with this thing. Now, so...
Mr. Plummer: No, no, because in this agreement, if he sells, transfers, or
assigns, this debt has to be paid first, before we can approve a transfer or
sale.
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Mayor Ferre: Ohl The point I am trying to make to you is, with regards to
the bleachers, I want to make sure that if we end up with money for bleachers,
that those bleachers are usable on a recurring basis at a not expensive type
labor cost. Do you follow what I am saying? We may end up getting less
bleachers, but that is the kind of bleachers we need. Now, if we can meet
thos conditions, then I am all set.
Mr. Gary: Mr. Mayor, with regards to the bleachers, the way I understand the
bill is that the money for the bleachers comes through the City of Miami.
The City Commission would decide what types of bleachers ought to be bought.
They will own them and they will decide how they are to be utilized and based
on that policy that you have conveyed to me, I would assume that is the direc-
tion of the City Administration in terms of identifying the types of bleachers
that we would like to purchase.
Mayor Ferre: I am just saying that if and when I vote for this, I want to
make that a condition of my vote.
Mr. Gary: No problem with that, sir.
Mr. Sanchez: I have no objection to that.
Mayor Ferre: Anybody else? Dr. Theede.
Dr. Jane Theede: Yes, I have several questions. One, is prior precedents,
and two is...
Mayor Ferre: I'm sorry, I did not hear that.
Dr. Theede: Prior precedents and precedent setting. I have only lived in
Miami since 1967 and I have only been truly interested in what is going on
in our City within the last couple of years, so these questions, I don't
know - perhaps you can answer me. When the Orange Bowl got started, was
this purely entrepreneurial, or was this something that the County and
the various cities went in and helped establish. That is number one. Number
two, when we talk about the Seaquarium, we are talking about Wometco Enter-
prises. Has any city aided Wometco Enterprises? Number three, when we are
talking about all of the activities such as Fairchild Tropical Garden,
- Parrot Jungle, anything that we would consider a tourist attraction -
what has each community in the way of tax dollars given, used, lent, or
otherwise, to establish a tourist attraction. What I am also worried about -
then we are talking about precedent setting. Anytime an entrepreneur de-
cides to come in and use the taxpayer's funds, then we are at their mercy
without any type of voice. Now, you know, if I want to be an entrepreneur
and dream up something for tax money, then I have the same right to come to
this Commission as he did and I have one comment that disturbs me. I was _
at this Commission meeting last year when you came in and you presented to
the Commission and you asked permission to use our highways ... our speedways,
to close them up for a given time, and before it was over with, the Commission
okay'd quite a bit of funding that "you didn't request" when you came. There
were trees that were cut down that were diseased. There were trees that were
cut down that weren't diseased. There was paving that was done that had
not priorly planned for. There were many things that occurred that were not
discussed in this meeting, so with all open honesty sir, you did not come
to this meeting with these things and if you did not know that these things
were needed, then you did not have your plans carried out. If you knew
that they were needed and you didn't present them to the Commission that
they were going to be needed, then backhandedly, you lied to usl You
know, the lack of the whole truth constitutes a lie if you go into a court
of law. So, by this same precedent that you alone have established, you
have already done things to let us know that your word is not good, because...
no, I am serious! Because you said that you wanted permission to use the
streets for two days.
Mr. Sanchez: Excuse me, Ma'am. Let me answer that directly before you go
on. Up until today, there has been no City funds spent for the race. The
Daving was done at our expense and the trees that were removed by the Parks
Department have been refunded, or will be refunded in the near future, so
no City funds have been used for the Grand Prix.
Dr. Theede: Okay.
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Mayor Ferre: Let me see if I can answer your other questions. I think you
asked three questions. The first one was with precedent.
Dr. Theede: Precedent. In other words, what has...
Mayor Ferre: Is there any precedent. All right, let me give you the prece-
dents that I know of. In the first place, the City of Miami, on a continuing
basis, does grant funds or waives fees for the Championship Sparkplug Regatta.
We gave a whole bunch of land for the various rowing clubs.
Dr. Theede: Yes, we are over $50,000 for that.
Mayor Ferre: We gave a whole bit of land, very valuable land (which I
regret having voted for) back in Mel Reese's day. This is before you were
on the Commission, for Planet Ocean. Were you on the Commission? That is
right - I had just become Mayor. I stand corrected.
Mr. Plummer: Remember the hell I raised because they didn't even invite us
to the opening?
Mayor Ferre: That is right. Then they.didn't even invite us, and I've never
gotten an invitation since! But, the point is, we have given land, monies.
We have helped entities. Now, Wometco and Seaquarium, that belongs to
Metropolitan Dade County and it is not City property, but there has been a
big to-do about whether or not they are really subsidized or not subsidized,
and they have gone to court on that because they do not pay taxes and there
are a whole bunch of different fights going on about that. Do we subsidize
other entities in Miami? Well, yes.
Dr. Theede: I should say profit making entities, because when you talk about
Goombay and Three Kings, this is...
Mayor Ferre: I think that is a very valid point and one of my concerns about
this, as I told Mr. Sanchez when we met is, I said to Mr. Sanchez "Look, if
you put up the money, fine, but if you are asking us to help by buying some
of your assets so that you can survive and have a positive cash flow on this,
then I think we need to be beneficiaries of some of the profits.
Dr. Theede: I agree with you there. There is one thing that disturbs me...
Mr. Plummer: Well, Doctor, let me go a little bit further. There is a big
difference here that is being overlooked, and somehow or another, we are
losing something. Just to mention those that you have mentioned - the
Parrot Jungle, the Seaquarium, and I forget what others...
Dr. Theede: Fairchild Tropical Garden.
Mr. Plummer: Fairchild Tropical Garden.
Dr. Theede: That was definitely private funded to start off with.
Mr. Plummer: Okay, now, Doctor, none of those that you have mentioned have
the potential of paying revenue to the City of Miami.'rae Grand Prix has a
schedule, and it has got to make money, of course, but under the schedule,
they will be paying revenue to the City of Miami up to approximately $1,000,000,
is what we have a potential of getting in revenue.
Mayor Ferre: Watson Island is a big...
Mr. Plummer: Another item - addressing what you said, precedent. Doctor, when
you speak of precedent, I don't know that you are speaking just to the City of
Miami. All right? But, if you are, I think one of the key -factors was the
largest event we held, and that was Super Bowl. Now, do you direct or indirect
subsidize? We definitely subsidize the Super Bowll We had to give them a five
year contract of Little or no rent. We had to go out and do a number of things
for these people, in kind.
Mayor Ferre: Miss Universe Pageant.
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MAY 3 t983
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Mr. Plummer: We had to put on a parade. Now, that is not direct subsidy, and
we had nothing to gain from that at all, no revenue. Okay? So, if you then
go to the other side of the coin, and say has precedent been set, I sit on
the T.D.C. We spent almost $600,000 for Super Stars Wide World of Sports. We
got nothing back in return for that - nothing whatsoever. Miss Universe
Contest - all of these are profit making organizations, and to my knowledge,
none of them had a potential of a percentage of gross revenue back to the City
of Miami, so there is a big difference.
Mr. Sanchez: Commissioner Plummer, Mr. Mayor...
Mayor Ferre: The friends of Ralph Sanchez thank you, J. L.!
Mr. Plummer: I didn't know I had that many brothers-in-law here!
Mr. Sanchez: Doctor, one more thing - even though we lost money this year,
or the Grand Prix lost money, the City of Miami did make a profit, because
we paid over $21,000 in percentages of sale of liquor to the City, which has
already been paid and collected for, so I'd just like to bring that up.
Dr. Theede: All right, one thing I would like to ask you which may or may not
be pertinent to the Commission. What -have you done towards selling air time
advertising, because this is... let's be honest about the situation. Adver-
tising is revenue. What you are going to make on tickets doesn't even pay for
the cost of selling the tickets. -
Mr. Sanchez: The event in the eyes of the advertisers, the sponsors, was so
successful, we had more media coverage than probably the longer established
events like Sebring and Daytona, and I am not knocking those events, because
they are good events, that we have gone back and renegotiated our agreements
with the major sponsors like Budweiser, Camel cigarettes, Mazda, and so on,
where they are paying us this coming year more money then they would have paid
us if it hadn't rained.
Dr. Theede: All right, would you be willing to sign a given percentage of those
contracts directly to the City, because this is really the City's only security,
_ when you get down to it, because the barriers that we are buying, that is not -
security - or the bleachers. You know, I am glad to see our Mayor finally
getting a little tight with the pocketbook, but by the same token, if we are _
going to be in business with you, we need to have a little more security than
barriers and bleachers!
Mr. Sanchez: Well, the way that we are treating it now, is everything goes
into a pot, whether it is ticket sales or revenues from concessions, advertis-
ing, all that goes into a pot to defray the expenses. Last year expenses were
about $3,000,000. Next year, there should be less, so next year, even if we
didn't change the agreement, the City of Miami could stand to earn $200,000.
Dr. Theede: Excuse me. To the members of the Commission - now I will suggest
to you, I think really to secure our position, then rather than taking from
the general pot, I think we do have a right to be first on the list, and I
think that his sales contract should be... in other words, a given percentage
of these sales contracts should go to paying us and then the remainder go
in the pot, and if there be a profit, then we will get more from that for re-
payment.
Mr. Plummer: That's up -front.
Mr. Sanchez: Being first in line to collect the money from all of the proceeds -
I have no objection to that.
Mr. Plummer: That is in the contract.
Dr. Theede: No, I am saying before...let's assume that he has $1,000,000
worth of advertising contracts. Then, before any of that money goes into the
general pot, $100,000 goes to the City; $900,000 of that goes into the general
find Anti then, we be along with the rest of the creditors... in other words, we
got to be first place as well as second place as creditors, because we have
got have more than verbal security, or even contract paper. We have got to have
something a little stronger. You know, we are in the position... first of all,
I don't like racing, because my uncles did this, but is still what people like,
I am not going to deny it. I personally am very much opposed to it, because
70 MAY 31 1983
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I have lived too many sleepness nights with too many broken bones and brain
concussions, so this is why I am against it, but as a taxpayet, you know, we
should be calling the shots. Now, we have allowed him to close our streets,
which is no big deal on Saturday and Sunday, because the place is dead any-
way, but we still should have number one is position of credit, before any-
body else, even before him, and number two, I think we have a right to an
audit, a continual audit.
Mr. Plummer: No question!
Dr. Theede: Okay?
Mr. Plummer: No question!
Mr. Sanchez: I have no objections.
Mayor Ferre: Yes, yes, whenever... are you finished, Dr. Theede? All right,
now - Mr. Fannatto.
Mr. Ernie Fannatto: Honorable Mayor and members of the Commission - Mayor,
you were 100% on target when you said that if you give $500,000, you want
to give the taxpayers of the City of Miami some protection. I am in accord
with it, and anybody and anybody that gets any money, whether it is Mr.
Sanchez or anybody else in the near future, I think we should have a
financial statement that shows a profit and loss and should be on file in
case they ask for future money. But, I am going to say that I do think
that these automobile races are good for tourists, and tourists are the
the name of the game here in Miami or State of Florida. When you have
nation wide television coverage, you help your City.
Mayor Ferre: All right, sir.
Mr. Fannatto: I am going to conclude with reference to the $500,000 - any -
thine that is not an asset, I think Mr. Sanchez should be made to protect
(Mr. Braman said the same thing) by putting up a surety bond, in case he
forfeits any of the assets that are not redeemable, so he will come back
next year - or if he doesn't come back, he will forfeit that surety bond
that covers expenses that we are due.
Mayor Ferre: All right, thank you. Anybody else from the public wishing
to be heard? Anybody else wishing to speak on this? All right, now, let
me - we get the Commission's comments and questions. Questions first.
Any questions? All right now, Mr. Manager, we are now to the comments
portion. Let me tell you ... well, first of all, I do have some other questions.
The maintenance of the bleachers and of this property - who is going to pay
for that?
Mr. Plummer: Maurice, I can't answer your question, but I do hope that we
area able to separate the two items. Those bleachers, if granted the
appropriations by the State of Florida, are the responsibility of the City
of Miami. They do not belong to Mr. Sanchez. He will not own them; hope-
fully he will utilize them. We don't know if that grant is coming through.
Mayor Ferre: Well, first of all, let me tell you that this vote, out of
five, is predicated on a tie-in of some sort. I mean, that is just one vote.
And secondly, that is why I am asking the question - who pays for the mainten-
ance?
Mr. Plummer: If we own it, obviously, we would.
Mayor Ferre: Okay, and do we have any estimates of what that is going to
cost the taxpayers?
Mr. Gary: I can respond to the first question, Mr. Mayor, and that is, that
the money will be given to the.City Commission. You own the money and you
tha h1aachers and the responsibility for the maintenance will be yours,
and hopefully through the rental of the bleachers in terms of other events,
that you will charge not only for the depreciation, but also for the main-
tenance of those bleachers.
71 MAY 311983
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Mayor Ferre: Okay, and with regards to the barriers and to the cross -ovens
and all of that, that is going to require maintenance too. I would assume that
the user would pay for the maintenance.
Mr. Gary: That is correct, Mr. Mayor.
Mayor Ferre: Okay, are there any other questions?
Mr. Plummer: Let me just make one other statement, Mr. Mayor, that I think
that ... I forget who raised the question, but somebody did, and let me put
the answer on the record. There is a commitment from Camel GT, this year =
already for the dates of February 25 and 26th. Those are definite and firm
commitments on dates.
Mayor Ferre: That is fine. Let me give you my comments as how I see this.
In the first place, I think the Grand Prix race in Miami was one of the best
things that has ever happened to this community. I think it brought us
favorable publicity. It wasn't as good as Christo, because Christo was on
the television tubes in Europe for one full week and every television station
in Paris; London; Rome; Bonn, Germany; you name it, people watched it. But,
absent that, and next to the Super Bowl,. I would say that the kind of favor-
able, positive publicity that we get out of the Grand Prix in Miami is worth
of this kind of an investment, so I don't have a problem investing $500,000
of the people's monies into a project, which in my opinion, is one more _
thing that helps the City become a major American city. There are conditions
that I would want to put, and these are conditions that I think have to ... we
have to understand. Frankly, an endorsement by Jim Hampton, Mr. Sanchez, is
probably the worst thing in the world that you could have gotten, because
Jim Hampton's logic, in my opinion is so askew, that if he thinks that this
is a good idea, I swear to God to you, that when I read that article, I really
had to think very carefully as to what was wrong with my thinking, because I
coulnd't possibly in any way agree with Jim Hampton on anything! And if he
says this is good, then there must be something wrong with it somewhere for
sure and so, I started to rethink this whole thing out and sure enought, at
first I thought maybe what Mr. Hampton was trying to do, since he knows that
every time he is in favor of something, I automatically vote against it, was
probably to get me to vote against it by saying he was for it! And then I
said I am not going to get snookered into this one. Then I thought that
perhaps he made some sense, some of the things that he said, but it really _
made me think this whole thing through. Now, I am only one out of five
people here, but I will only vote for this on the following conditions -
number one, that if we are going to be an investor of sorts by buying assets,
and therefore helping the cash flow of this corporation to survive, that we
have to also benefit on the plus side. In other words, when things go good
and you start making money and things are going along just fine, we want to
be remembered. I would remind you that the contract with Earl Worsham in
the James L. Knight Center...
Mr. Plummer: I don't want to interrupt you, but Mr. Mayor, in the original
franchise of fifteen years, we are the recipients of a percentage of the
gross.
Mayor Ferre: Mr. Vice -Mayor, I would like to remind you that that already
exists.
Mr. Plummer: I understand that!
Mayor Ferre: We already have that.
got that without doing anything.
Mr. Plummer: Correct.
I am not talking about that. We have
Mayor Ferre: So, I mean, so what are you talking about? We already have
that.
Mr. Plummer: Are you saying...?
Mayor Ferre: The man is asking us for $500,000. And I am saying, "What do
we get out of it? Now, what I am saying is, when things are bad, we are
sacrificing and risking. That is fine. How about when things are good?
See, if this thing goes well and the television franchises are resold, and
things begin to pour in and he is now making millions of dollars five years
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from now, where does the City come out of this? So, if we are putting up
$500,000 now - Earl Worsham, Knight Center - we are giving you the land, we
are doing this, we are doing that, but we get so much. We are investing.
See, what you are talking about in a sense is the public sector becomes a
partner with the private sector. Private sector is asking public sector to
put in $500,000. We are willing to do that, but what do we get out of it
other than the wonderful publicity? So, what I am saying is, I am willing
to vote for this on the following conditions - number one, that we somehow
get repaid as quickly as is reasonable and that has to be very clearly
defined. In other words, if we are putting in the money at this stage, I
want to be first out, before anybody gets theirs. Now, of course, that
doesn't include the I.R.S., but other than the I.R.S., I want to make sure
that we get repaid up front and that we don't end up having the fourth
mortgage on the property, if you know what I mean - that we are not number
four on the totem pole. That is number one. Number two, that somewhere
along the line - he has to sweeten the pot somewhere along the line. Something
that if things go well, and I want to be very reasonable about it, I don't want
to jump in at the first year, or the second year, but as things begin to go
well, I think we should participate in the profits somehow if we are responsi-
ble for helping at this stage of the game. The third thing is, I want an
assurance, Mr. Manager,.that there is going to be another Grand Prix. I
am sorry, I believe in Ralph, and I think he is a great guy and I like him.
I think he is a winner, but you know, it rained and we had a problem, and I
can't ask him to guarantee more than that, but I want to make absolute... now,
I will accept one of the two guarantees - either he gets a surety bond of
some sort that assures that we are going to have a Grand Prix next year, or
we get some kind of a subsidy from the State - either, or. By that I mean,
if the State of Florida puts in $500,000 to buy those bleachers, and we are
the owner of it, for me that is ample payment for our $500,000 investment.
If push comes to shove, we have a $500,000 worth of bleachers! If push comes
to shove, and we don't have the bleachers, what the hell are we going to do
with $500,000 worth of barriers, okay? So, I want an assurance that at least
we get one more race out of this, and I don't care whether he does that by
giving us some kind of surety bond that is acceptable to you, Mr. Manager,
^r if we get $500,000 from the State for bleachers. In that case, I don't
care what happens. I mean, I hope he makes it, but if he doesn't make it,
at least we have got the bleachers. Now, those are the three conditions
that I have to make sure that if somehow things get bad, we get something out
of it. Now, if things go well, then I am not worried, that is terrific. See,
Ralph Sanchez can afford to take a chance and lose a million dollars. You
and I, J. L., can't afford to take a chance and lose $500,000 of the people
of Miami with out assuring that we are getting the maximum out of this, and
so, I don't know whether these conditions are acceptable to Ralph - if they
are, then I have no problem.
Mr. Sanchez: Mr. Mayor, I would like to say this. The faith that the City of
Miami has in me, or that you just mentioned that you have in me personally, is
the same faith that my sponsors have and when you have sponsors like Budweiser
giving me more than two and one-half times what they gave me last year, up
front - the same thing with R. J. Reynolds Tocacco Company, Mazda, Canon
Cameras and everybody else down the line, who signed up to be here next year,
I think that should lend a little credibility not just just in me, in the event,
but in these people, to make sure that it happens.
Mayor Ferre: Ralph, let me ask you this way, you know, Howard smokes Kools
cigarettes and George Knox, who was around here a little while ago smokes
Kools. And you know, I didn't realize the the tobacco company that owns
Kools spends $124,000,000 last year in advertising, and it is mostly in the
Black community, you know? So frankly, for a company like Budweiser, who I
think is a little bit bigger than Kools cigarettes - you know, $100,000,000
here and $20,000,000 there is nothing! I mean, they throw away just that
kind of money in...they sponsor every Hydrofoil race, every race of any kind
anywhere, any place, they spend millions and millions and millions of dollars!
You know, they are with you one day and gone the next. The fact is, that
this year, as you know, and you are just lucky that you have...if Billy Perry
hadn't been talked to by members of the Commission, namely Miller Dawkins and
and if he had called Jesse Jackson up, and said "Hey, Jesse, I just
had Commissioner Miller Dawkins talk to me, is that all right wih you?" and
Jesse Jackson said "Hell, no, I am on the next plane_going down to Miami, and
I will have at least one hundred tickets there." And you say "Well, fine
you have got Budweiser". So, so what! That is fine, that is great, but
that doesn't guarantee to me that you are going to have... that this isn't
73
MAY 31 1983
ld
0 a
going to all fall apart. Now, if you are so sure of things, then what are
you doing here? The reason you are here is, because you need the City, or
you need somebody's help, and I think we ought to help. I disagree with
Norman Braman's statement. I think the City of Miami ought to put up
$500,000. I think we ought to risk with you. I think what you have done
is terrific, but I think it has to be intelligently done, it has to be done
with safeguards, and it has to be done with guarantees and it has to be
done where we benefit - the people of Miami benefit along with you if
things go well. Now, if you do that...
Mr. Sanchez: I am in agreement.
Mayor Ferre: You agree will all three things that I have placed? Fine,
then I am ready to vote. Okay, now, Mr. City Attorney, we obviously not in
a position to vote for an ordinance at this point, because you have to de-
fine those three conditions.
Mr. Garcia -Pedrosa: Yes, what I would suggest, Mr. Mayor, what you do is,
this is a public hearing that was advertised. Why don't you continue to a
date certain so that you don't have to readvertise.
Mayor Ferre: The next date is in a week. Is that enough time for you?
I don't mean a week, I mean two weeks, don't I? The 9th of June. Tomorrow
is the first - nine days from now. Is that all right with you? Ralph, can
you hold on nine days?
Mr. Sanchez: Yes. I was due to leave...
Mr. Plummer: Well, Maurice, let's do it the other way. Let's go ahead and
do it on First Reading.
Mayor Ferre: Fine.
Mr. Plummer: That will give his promoters the feeling of security.
Mayor Ferre: I accept that, but you are making substantive changes. I mean...
Mr. Garcia -Pedrosa: There is no First Reading.
Mr. Plummer: What?
Mayor Ferre: This is a resolution, not an ordiance.
Mr. Plummer: It is a resolution, not an ordinance?
Mr. Garcia -Pedrosa: It is a resolution.
Mayor Ferre: Here, I will do it this way - Mr. Vice -Mayor, I will make a
motion that the City of Miami Commission approve the purchase of the barriers
and other paraphenalia for a Grand Prix race, provided the Manager come back
with the following specific information - number one, with at least one bona -
fide appraisal from a major appraising company recognized nationally for its
ability to appraise these types of things, stating that the value of the
property received is at least worth $500,000. Number two, that the Legisla-
ture grant the $500,000, or in lieu of that, that Mr. Sanchez and his asso-
ciates proffer some sort of surety bond that they will have a Grand Prix Race
this coming year. Number three, that a cash flow be worked out on a strict
basis wherein the City of Miami gets taken out with a repurchase of the
barriers before any other expenditure or indebtedness, repayment of debt,
guarantee or assurance to any other bank or corporation or private entity or
individual. And lastly, that Mr. Sanchez and his corporation, should they
be successful in the future, compensate the City of Miami on an increased
basis for our expenditure of $500,000 - on a reasonable ... I am not saying
that we want half of his profits or anything like that, but I think we ought
to get something.
Mr. Plummer: Is there a second to the motion?
Mr. Carollo: Second the motion.
ld
74
MAY 31 083
10
Mr. Plummer: Further discussion? Call the roll.
. The following motion was introduced by Mayor Ferre, who moved
its adoption.
MOTION NO. 83-443
A MOTION OF THE CITY COMMISSION APPROVING A PROPOSAL OUTLINED
BY MR. RALPH SANCHEZ, PROMOTER OF THE "GRAND PRIX".RACE; WHEREBY
THE CITY OF MIAMI WOULD PURCHASE BARRIERS AND OTHER PARAPHER-
NALIA FOR THE 11GRAND PRIX RACE" PROVIDED THE FOLLOWING IS
COMPLIED WITH:
1) THAT THE CITY MANAGER OBTAIN AT LEAST ONE (1) BONAFIDE
APPRAISAL FROM A NATIONALLY RECOGNIZED APPRAISAL FIRM
WHICH STATES THAT THE VALUE OF THE PROPERTY BEING
PURCHASED IS WORTH AT LEAST A HALF A MILLION DOLLARS
($500,000);
2) THAT A GRANT BE APPLIED FOR AND RECEIVED FROM THE FLORIDA
LEGISLATURE IN THE AMOUNT OF $500,000 IN CONNECTION WITH
THE EVENT, OR, IN LIEU THEREOF, THAT MR. SANCHEZ AND HIS
ASSOCIATES PRODUCE A SURETY BOND OR SOME OTHER TYPE OF
SECURITY THAT WILL ENSURE THAT THERE WILL BE A GRAN PRIX
RACE THIS YEAR;
3) THAT THE CASH FLOW BE WORKED OUT IN A STRICT BASIS,
WHEREBY THE CITY OF MIAMI WOULD BE REPAID BY THE REPUR-
CHASE OF THE BLEACHERS BEFORE ANY OTHER EXPENDITURE,
INDEBTEDNESS, OR ANY ASSURANCES PREVIOUSLY GIVEN TO
ANY PROMOTERS OF THE EVENT (SUCH AS BANKS, CORPORATIONS,
PRIVATE ENTITIES, ETC.) IS TAKEN CARE OF; AND
4) LASTLY, THAT MR. SANCHEZ AND HIS ASSOCIATES --SHOULD
THEY BE SUCCESSFUL IN THE FUTURE, COMPENSATE THE CITY
OF MIAMI ON AN INCREASED THOUGH REASONABLE BASIS, FOR
THEIR INITIAL EXPENDITURE OF $500,000.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
ON ROLL CALL:
Mr. Dawkins: Mr. Sanchez, I would be remiss if I were not to tell you that
when you stood before me requesting permission to hold the Grand Prix, I
distinctly asked you if you were prepared to lose money. You distinctly
told me you were. At that time, I think that you honestly and truly did
not know that it was going to rain. I was there with you in the rain. I
saw the crowds in the rain. I do believe had it not rained, you would not
be suffering such losses as you have suffered, but I also would be remiss
if I were not to say to you that I have never seen a Black person before
this Commission having lost $500,000 seeking $500,0001 So, somewhere
along the line, I am hoping that soon I will be able to vote with this
Commission in the majority where some Black has lost $500,000 on some
venture in the City of Miami and the City will help them make it good. I
vote "yes". The Mayor said I should clarify, which is true, that this is
a public purpose, not a private entity.
75
MAY 311983
id
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NOTE FOR THE RECORD: Agenda Item 48 was withdrawn.
-----------------------------------------------------------
31. SECOND READING ORDINANCE: APPLY HC-1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO PLYMOUTH CONGREGATIONAL
CHURCH, ORD. 6871.
Mayor Ferre: All right, we are going to do Agenda Item Number 2. Are we
ready to vote on this? This is Plymouth Congregational Church. Is some-
one here representing Plymouth Congregational Church? Can you tell us on
the record, whether or not Plymouth Congregational Church has agreed to
this designation?
Ms. Joyce Meyers: Yes, they have. My name is Joyce Meyers, representing
the Planning Department.
Mayor Ferre: Further discussion? Is there a motion on Item Number 2?
Mr. Dawkins: Moved.
Mayor Ferre: Moved by Dawkins, seconded by Carollo. Further discussion?
Read the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY APPLYING THE HC-1:
GENERAL USE HERITAGE CONSERVATION OVERLAY
DISTRICT TO "PLYMOUTH CONGREGATIONAL CHURCH,"
3429 DEVON ROAD, (MORE PARTICULARLY
DESCRIBED HEREIN); MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES IN THE
ZONING DISTRICT MAP MADE A PART OF SAID
ORDINANCE NO. 6871, BY REFERENCE AND
DESCRIPTION IN ARTICLE III, SECTION 2,
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 April 28, 1983,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Dawkins, seconded by Commissioner Carollo,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9619
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. ,
/6
MAY 5 / ��d3
ld
F*\
32. SECOND READING ORDINANCE: APPLY HC-1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO ZONING ORD. 9500, PLYMOUTH
CONGREGATIONAL CHURCH.
Mayor Ferre: Carollo moves Agenda Item Number 3, Dawkins seconds -
Plymouth Congregational Church. Further discussion? Read the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 9500
(UPON BECOMING EFFECTIVE), THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
APPLYING THE HC-1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO "PLYMOUTH
CONGREGATIONAL CHURCH," 3429 DEVON ROAD,
(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 April 28, 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
LILIc %L.d passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9620
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.
1d MWAY 311983
5
40
33. SECOND READING ORDINANCE: APPLY HC-1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO PROPERTY 3429 DEVON ROAD,
FIRST COCONUT GROVE SCHOOL HOUSE, ORD. 6871.
Mayor Ferre: We are on Agenda Item Number 4. Joyce, now are you telling us
that the First Coconut Grove School House wants ... cn the record, they ap-
prove, right?
Ms. Joyce Meyers: Yes.
Mayor Ferre: All right, Miller moves. Plummer seconds. Further discussion?
Read the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY APPLYING THE HC-1:
GENERAL USE HERITAGE CONSERVATION OVERLAY
DISTRICT TO "FIRST COCONUT GROVE SCHOOL-
HOUSE," BEING APPROXIMATELY 3429 DEVON ROAD,
(MORE PARTICULARLY DESCRIBED HEREIN); MAKING
FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP MADE A
PART OF SAID ORDINANCE NO. 6871, BY REFERENCE
AND DESCRIPTION IN ARTICLE III, SECTION 2,
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 April 28, 1983,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Dawkins, seconded by Commissioner Plummer,
the ordinance was thereupon given its second and final reading by
title and 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
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9621
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: Who owns this?
Ms. Meyers: Plymouth Congregational Church.
Mr. Plummer: And they are in favor?
r,s. Meyers: Yes.
Mr. Plummer: I vote "yes".
�Y 3 �,1983
ld
411
34. SECOND READING ORDINANCE: APPLY HC-1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO ZONING ORD. 9500, 3429 DEVON
ROAD, FIRST COCONUT GROVE SCHOOL HOUSE.
Mayor Ferre: Take up Agenda Item Number 5. Moved by Dawkins. Is there a
second?
Mr. Plummer: Second.
Mayor Ferre: Second by Plummer. This is the Coconut Grove School House,
which is part of Plymouth Congregational Church. They on the record agree
to this and have requested it.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 9500
(UPON BECOMING EFFECTIVE), THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
APPLYING THE HC-1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO "FIRST
COCONUT GROVE SCHOOLHOUSE," BEING APPROXI-
MATELY 3429 DEVON ROAD, (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 SEVERA-
BILITY CLAUSE.
Passed on its first reading by title at the meeting of April 28, 1983,
it was taken up for its :-econd and final reading by title and adoption.
On motion of Commissioner Dawkins, seconded by Commissioner Plummer,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9622
The City Attorney read
announced that copies were
and to the public.
ld
the ordinance into the public record and
available to the members of the City Commission
79
MAY 31 1983
Ij
35. SECOND READING ORDINANCE: APPLY HC-1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO PROPERTY LOCATED 3747 MAIN
HIGHWAY, EL JARDIN, ORD. 6371.
Mayor Ferre: Take up Agenda Item Number 6, which is E1 Jardin - that is
the Sacred Feart School of Carrollton, right? Do they agree with this?
Ms. Meyers: Yes, they do.
Mayor Ferre: You have that on the record?
Ms. Meyers: Yes.
Mayor Ferre: All right, moved by Dawkins. Second by Plummer. Further dis-
cussion? Read the ordinance
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY APPLYING THE HC-1:
GENERAL USE HERITAGE CONSERVATION OVERLAY
DISTRICT TO "EL JARDIN," 3747 MAIN HIGHWAY,
(MORE PARTICULARLY DESCRIBED HEREIN); MAKING
FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP MADE A
PART OF SAID ORDINANCE NO. 6871, BY REFERENCE
AND DESCRIPTION IN ARTICLE III, SECTION 2,
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 April 28, 1983,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Dawkins, seconded by Commissioner Plummer,
the ordinance was thereupon given its second and final reading by
title and 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: None.
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9623
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.
Wi
i
ld
MAY 31 1983
36. SECOND READING ORDINANCE: ADD HC-1 GENERAL CS£ HERITAGE
CONSERVATION OVERLAY DISTRICT TO ZONING ORD. 9500, 3747
MAIN HIGHWAY, EL JARDIN.
Mayor Ferre: Now take up Agenda Item Number 7, which is the same thing -
E1 Jardin, which is the Sacred Heart School of Coconut Crove. Plummer
moves. Perez seconds. Further discussion? Read the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 9500
(UPON BECOMING EFFECTIVE), THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
APPLYING THE HC-1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO "EL JARDIN,"
3747 MAIN HIGHWAY, (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 SEVERA-
BILITY CLAUSE.
Passed on its first reading by title at the meeting of April 28, 1983,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Perez,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9624
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.
ld 81 MAY 31 ONO
37. SECOND READING ORDINANCE: APPLY HC-1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT 3575 MAIN HIGHWAY, THE PAGODA,
ORDINANCE 6(")71
Mayor Ferre: Take up Agenda Item Number 8.
Mr. Dawkins: Move it.
Mayor Ferre: Moved by Dawkins. Is there a second?
Mr. Plummer: Who owns it?
Ms. Meyers: Ransom -Everglades School.
Mr. Plummer: They are in favor?
Ms. Meyers: Yes, they are.
Mr. Plummer: Second.
Mayor Ferre: Plummer seconds. Further discussion? Read the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY APPLYING THE HC-1:
GENERAL USE HERITAGE CONSERVATION OVERLAY
DISTRICT TO "THE PAGODA," 3575 MAIN HIGHWAY,
(MORE PARTICULARLY DESCRIBED HEREIN); MAKING
FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP MADE A
PART OF SAID ORDINANCE NO. 6871, BY REFERENCE
AND DESCRIPTION IN ARTICLE III, SECTION 2,
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 April 28, 1983, _
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Dawkins, seconded by Commissioner Plummer,
the ordinance was thereupon given its second and final reading by
title and 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: None.
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9625
The City Attorney read the ordinance into the public record and
anncunced that copies were available to the members of the City Commission
and to the public.
ld
MAY 31 1983
fb
r
38. SECOND READING ORDINANCE: ADD HC-1 GENERAL. USE HERITAGE CONSEF
VATION OVERLAY DISTRICT TO ZONING ORD. 9500, 3575 `FAIN HIGHWAY,
THE PAGODA.
Mayor Ferre: Take up Agenda Item Number 9.
Mr. Plummer: Move it.
Mayor Ferre: Moved by Plummer, seconded by Dawkins. Further discussion?
This is the Pagoda. Read the ordinance.
Mr. Plummer: This is a companion to Item 8.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 9500
(UPON BECOMING EFFECTIVE)t THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
APPLYING THE HC-1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO "THE
PAGODA," 3575 MAIN HIGHWAY, (MORE PARTICU-
LARLY 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 31 SECTION 300, THEREOF; BY REPEALING
ALL ORDINANCES, CODE SECTIONS, OR PARTS
THEREOF IN CONFLICT AND CONTAINING A SEVERA-
BILITY CLAUSE.
Passed on its first reading by title at the meeting of April 28, 1983,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Dawkins,
the ordinance was thereupon given its second and final reading by
title and 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: None
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9626
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.
39. SECOND READING ORDINANCE: ADD HC-1 GENERAL USE HERITAGE CONSERVA-
TION OVERLAY DISTRICT TO ZONING ORD. 9500, 250 N.W. 9th ST.,
THE D. A. DORSEY HOUSE.
Mayor Ferre: Agenda Item Number 10. Now comes the D. A. Dorsey House. Joyce,
do you want to say into the record that Mr. Chapman and the Dorsey family are
in favor of this?
Ms. Meyers: The Chapman family endorses this.
Mayor Ferre: All right, Miller Dawkins moves. Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Plummer seconds. Further discussion? Read the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 9500
(UPON BECOMING EFFECTIVE), THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
APPLYING THE NC-1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO "THE D.A.
DORSEY HOUSE" 250 NORTHWEST 9TH 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, SECTION 3001
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 April 28, 1983,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Dawkins, seconded by Commissioner Plummer,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins *NOTE: Although absent on role
*Commissioner Toe Carollo call, Commissioner Carollo
Commissioner emetrio Perez, Jr. requested of the Clerk to be
Vice -Mayor J. L. Plummer, Jr. shown as voting with this motion.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9627
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.
MAY 311983
Id
A
Id
40. SECOND READING ORDINANCE: ADD HC-3, RESIDENTIAL OFFICE HERITAGE
CONSERVATION OVERLAY DISTRICT TO ZONI14G ORD. 9500, 1500 BRICKELL
AVENUE, PETIT DUOY.
Mayor Ferre: Take up Agenda Item Number 11.
Mr. Plummer: Move it.
Mayor Ferre: Moved by Plummer. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Second by Perez. All right, Joyce, into the record, there is
no problem with Petit Duoy, right?
Ms. Meyers: The Merrill family endorses it.
Mayor Ferre: Okay, further discussion? Read the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 9500
(UPON BECOMING EFFECTIVE)t THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
APPLYING THE HC-3: RESIDENTIAL - OFFICE
HERITAGE CONSERVATION OVERLAY DISTRICT TO THE
"PETIT DOUY," 1500 BFICKELL 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 April 28, 1983,
it was taken up for its second and final reading by title and adoption. _
On motion of Commissioner Plummer, seconded by Commissioner Perez,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9628
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.
MAY 3 11983
mR? ,-5 -'n; u, .`.- a t7 i' ��`'�•� ti7f ..6'llw�',ai. -
41. DISCUSSION ITEM AND DEFERRAL OF CONSIDERATION OF APPLICATION FOR
CHANGE OF ZONING, 2724-26-34 S. W. 7 ST., PENDING SUBMISSION OF
COVENANT.
Mayor Ferre: Take up Agenda Item Number 16. Mike, you are on. You have a
full Commission now. You getter hurry up and speak before somebody walks
out again.
Mr. Michael Anderson: My name is Michael Anderson, I am an attorney with
offices at 8525 S. W. 92nd Street and I represent the applicants. We are
seeking a change of zoning from R-2 to C-2 as you see in the yellow. The
applicants are Eduardo Pajon - and one of the reasons I wanted to be heard
this morning was Mr. Pajon couldn't be here this afternoon, but Andres
Fernandez and Rodolfo and Orestes Lleonart - my clients are seeking a change
of zoning from R-2 to C-2 and one of things that is a little misleading on
the zoning map is the fact that you see lots 16, 17, and 18, which are direct-
ly across S. W. 7th Street, as R-2 property. However, that property has re-
ceived a conditional use and is currently in use as a parking lot for the
Royal Trust Bank, so that my client's property is actually surrounded by
non-residential uses on three sides, the C-4 and the C-2 and then the non-
residential use parking lot across the street. I would submit to you that
because it is surrounded on three sides, that it is an appropriate location
for rezoning. I wanted to show you also some of the photographs that we
took of this site. The property just... actually Lot 7, is this house right
here, and it says "COMMENTS IN SPANISH" He has a house and auto garage re-
pair shop on Lot 8. Something that is not shown on here, the Commission re-
zoned the south forty feet of Lot 5 to C-2 recently, and so what we have in
effect, is that we are surrounded by three non-residential uses - the parking
!,:t across the street, which shows on the photographs right here. This is
the parking lot across the street, and the two commercial sides, plus Mr.
Valoso, who has sort of a mixed us there. He lives in...
Mayor Ferre: Wait, wait. What was that name again?
Mr. Anderson: His name is Nico Valoso.
Mayor Ferre: Oh, oh.
Mr. Plummer: Did you say Pedroso?
Mr. Anderson: At any rate, we would submit that because of the zoning c.
three sides, that it is an appropriate rezoning application, and the Zoning
Board wrestled with this situation. They were concerned that we would build
some sort of a tower on this whole property and that might create some problem
in the neighborhood. First of all, I want to say that in the two zoning hear-
ings there wasn't one neighbor that came in opposition to this matter. My
clients really have a problem with parking. They have successful businesses
on S. W. 8th Street and 27th Avenue and what has happened is that the building
across the street - the major structure across the street, which is shown in
the photographs which just really dwarfs their building - you don't see, but
their building sits here.
Mr. Carollo: Which - is that the Royal Trust?
Mr. Anderson: No, it is the tower across the street. The Royal Trust is over
here. This is 27th and 8th Street.
Mr. Carollo: Yes, that is the royal Trust Building there, whatever...
Mr. Anderson: Is this the Royal Trust Building now? It was built by Carolyn
♦, _ 0-
Mr. Carollo: What about that building, Mike?
Mr. Anderson: It over -shadows this whole property. In other words, when that
structure went up, it just over-shawdowed the whole area and when we took these
photographs, we took them of the back... 11983
78
•
Mike
ld
Mr. Carollo: It would be nice to find out how they got a permit to build that!
Mr. Anderson: Well, there were some zoning changes involved in that particular
site.
Mr. CarollL,: Yes, I agree with you, it seems overly hugh.
Mr. Dawkins: I wasn't here.
Mr. Anderson: It is huge, and as I say, it over shadows what is built on the
other site. But, the Zoning Board was concerned about the fact that we were
going to do the same thing, and for that reason, we didn't have it formulated,
however, my clients are willing on Lots 8 and 9 to give a covenant running with
the land which would limit their use to two uses - one for parking and the
other for apartments, and in addition... excuse me?
Mayor Ferre: Apartments?
Mr. Anderson: Apartments above the parking.
Mayor Ferre: That is a conforming R-2?
Mr. Anderson: If we get the zoning change to C-2, we would limit, we would
exclude all uses in the C-2 other than parking, which we need for the property
on 8th Street and 27th...
Mayor Ferre: And an apartment, but you are limited to...
Mr. Anderson: We would limit the apartment to .6 F.A.R., a .6, which is
equal to the R-3 zone right now.
Mayor Ferre: What do you mean, R-3? It is R-2.
Mr. Anderson: Yes, it is zoned R-2. I am saying if we...
Mayor Ferre: So you want R-3?
Mr. Anderson: Basically, we would like to build .6 F.A.R., which is about the...
Mr. Carollo: How many apartments would that bring in all together in all three
lots, then?
Mr. Anderson: Well, the covenants would only be offered on Lots 8 and 9, and
they would bring...
Mayor Ferre: Hey, Mike, you don't have my vote. Now, that is one vote out
of five. I am just telling you, I will go along ... I agree with granting some
help, but don't get greedy on this thing. Don't start going now, in addition
to the C-2, you want R-3, and you know...
Mr. Anderson: No, no. What we would be doing is, we wouldn't use any of
the commercial uses; in other words, what we are saying is, we are not build-
ing a tower.
Mayor Ferre: I understand.
Mr. Anderson: And what we are asking for is simply to put parking in because
these lots were...
Mayor Ferre: I don't have any problems with that, but now you want a .6 F.A.R.,
which is an R-3 F.A.R., and you know, you reach...
Mr. Anderson: Well, it is mainly because these lots were so expensive and we
need to have something....
Mayor Ferre: I understandt
Mr. Anderson:.... in addition to just the parking for the...
Mayor Ferre: You had better read the Miami Herald series about zoning based
on, you know, economically feasible and all that kind of stuff.
A
MAY-311983
Id
Mr. Carollo: Yes, by a guy that has learned how to be very objective per-
sonally from speaking four and one-half hours to Fidel Castro!
Mr. Anderson: Let me say this. We have across the street, we have a parking
lot and so the purpose of zoning is to protect somebody - protect the public
health, safety and welfare. Okay, now, if we put -units up there, we have no
objection from the neighborhood right now to C-2 zoning. The only reason
that I offered this...
Mayor Ferre: Could you tell me how many apartments you are going to put up
there? I mean, are all told we going to have fifty apartments?
Mr. Anderson: No, no, no. The .6 F.A.R. on...I am not taking...
Mr. Carollo: Mike, how many apartments is my question - all together?
Mr. Anderson: What we are saying is somewhere, ten, or less.
Mayor Ferre: Okay.
Mr. Carollo: Ten or less?
Mr. Anderson: Yes.
Mr. Carollo: That is not bad, Mr. Mayor. The way the property is, they could
build six, so ten or less is acceptable.
Mayor Ferre: I stand corrected.
Mr. Carollo: The question I have, Mike - let's see if we can save some time.
In lots 8, 9 and 10, are the ones that are crossed over there - the three
yellow ones. All that you want to do is change the south forty feet?
Mr. Anderson: No, we asked for the zoning for all of it for C-2.
Mr. Carollo: For all - 8, 9 and 10?
Mr. Anderson: 8, 9 and 10. The Zoning Board has this problem about the tower.
They thought we were going to build a tower on it.
Mr. Carollo: Okay, so you are asking for the change in zoning from R-2 to
C-2 in the complete lots 8, 9 and 10.
Mr. Anderson: On 8, 9 and 10, complete.
Mr. Carollo: Okay, now, what is the width and length of each lot. Is it 50
by 150?
Mr. Anderson: It is 50 by 140.
Mr. Carollo: 50 by 140.
Mr. Anderson: And what we are offering is a covenant on 8 and 9 to just limit
those to parking.
Mr. Carollo: Okay, you are offering a covenant on 8 and 9.
Mr. Anderson: This limits us to solely parking and a F.A.R....
Mr. Carollo: It limits them solely for parking.
Mr. Anderson: And for apartments and with a .6 F.A.R. If you want me to put
a maximum density of 10, we can do that too.
Mr. Carollo; Okay, I think that would be better - 10. Now, on lot 10, how
come you are not including that in it? Do you have any future plans for it,
or...?
Mr. Anderson: Well, that Mr. Pajon did not agree to a covenant. I mean, we
hadn't talked about it because it seemed like that the Board was simply con-
cerned that we were not going to put a tower on those properties like there
0
ld
Mg 3 11983
was across the street and so that is why we took the two lots 8 and 9, since
that seems to be a logical break in there. Lot 10 would be used as the
others for C-2 and then we would stop it - use it only for parking and then
it would break down to...
Mr. Carollo: I follow what you are saving Mike, but what I am asking is, and
I would be against it - I can only conclude then that probably in 10, he
might have some plans to further expand the store or the restaurant, possibly
in 10. Am I correct?..maybe a small office.
Mr. Anderson: Well, right now it is needed for parking. You see, what happened
across the street is, that they have the Social Security Administration and they
have Miami Dade Community College and all the people from the building across
the street that don't want to pay, you know. You are supposed to have one
parking space for 400 square feet, and they do across the street. The only
thing is, they charge for it. So, what happens is, all of those people don't
want to pay for parking - the senior citizens who go to Social Security and
the college students looking for parking on 7th Street, and they end up park-
ing in back of these people's businesses, so the first objective was....
Mr. Carollo: I understand what you are saying.
Mr. Anderson:.... to put parking back there.
Mr. Carollo: My question is, for lot number 10, what are the intentions, Mike?
Mr. Anderson: I can't answer that. I don't know. Mr. Pajon was here this
morning and he had to go to a meeting that was...
Mr. Carollo: Now, if we were to change the zoning in lot 10 to C-2, just in
that lot, what could they build there? How high can they go?
Mr. Anderson: They can... there is no...
Mr. Carollo: No, I am asking Mr. Whipple.
Mr. Whipple: Taking the lot by itself, it would depend upon the amount of
parking that you could get on the site, but they are basically unlimited
height if you can meet all the other regulations.
Mr. Carollo: Well, how high would you estimate they could go by meeting the
parking regulations?
Mr. Whipple: Probably about 6,000 square feet, which you could probably go
three stories of office and one level of parking on the ground.
Mr. Carollo: But three stories of office.
Mr. Whipple: By itself, one lot.
Mr. Carollo: Okay, well, that is not too bad - three stories, but at the same
time, I...
Mr. Whipple: That doesn't include the blue area or other areas here, That is
only taking the one lot.
Mr. Carollo: I really don't think that that would probably be their intention
in going that high, because if it was, then they would not be giving the
covenant they are giving for lots 8 and 9. This way they could have 150 feet,
instead of 50.
Mr. Whipple: That is correct, yes, sir.
Mr. Carollo: Mike, do you think your clients would be willing to give a
covenant for 10?
Mr. Anderson: I would have to talk to Mr. Pajon. I don't know what his in-
tentions are on that particular lot. I really don't know. See, they are
separate - what we are trying to do is convey to the Board these are separately
owned parcels, although they all came together. The preliminary purpose is to
put parking there, but Mr. Pajon would have his own option to do what he would
want, and the problem with putting them together is you could... an apartment on
.89 .AAY 31 1983
that site would be a real problem on an only 50 foot wide lot. You know what
those look like.
Mr. Carollo: What I would like to do, and I don't think it is going to hurt any-
thing to wait, is see if he would be willing to give the same covenant in lot 10
as he is giving in the other two lots - of course with the exception that on the
apartments he would put there, they would be... right now we are averaging
three and one-third units ... well, no, we are averaging five units from the other
two, which is ten for the other two lots. I want to see if he would be willing
to give a covenant in the same fashion as the other two lots are willing to give.
Mr. Anderson: I would have to find out.
Mr. Carollo: Well, would there be any problems on your part to defer this
until then?
Mr. Anderson: No. Could we come back at your next meeting?
Mr. Garcia -Pedrosa: Let me say something about this covenant business. We are
getting into contract covenant now.
Mr. Carollo: See, Maurice, I guess I could make a motion that we would approve
it based on getting a covenant from lot 10 also. I guess it would be legal,
wouldn't it?
Mr. Garcia -Pedrosa: No, I think what we want to do, Commissioner is...
Mr. Carollo: If he will volunteer.
Mr. Garcia -Pedrosa: That is right. If Applicant volunteers, then you want to
consider it.
Mr. Carollo: Well, which means that we can't make the motion, then, really,
or could we?
Mr. Plummer: So, put it off until the 15th.
Mr. Carollo: Well, the problem that I have, Maurice, I can't understand why,
in lot number 10, they are not including lot number 10 in the covenant. Now,
if there is a logical reason and they wanted to build something else, that is
fine. I just want to know what it is.
Mr. Anderson: If I could just say one thing, you know it...
Mayor Ferre: Wait, wait. Mr. Dawkins.
Mr. Dawkins: Mr. Whipple, the Planning Department recommended denial on the
following features. Now, I am going to read them. I want you to tell me if
they still feel the same. Number one - "The change would constitute an en-
croachment of a commercial use into a stable residential area, creating a
precedent for future rezoning." Do you still feel that way?
Mr. Whipple: Yes, sir.
Mr. Dawkins: Number two - "The change would not be in compliance with the
adopted City Comprehensive Plan." If you could explain that?
Mr. Whipple: Yes, sir. Our Comprehensive Plans at the present time show the
area in back of the commercial frontage along 27th and along S. W. 8th Street
as being a low -density residential area, and not commercial.
Mr. Dawkins: Number three - "The change would adversely affect living conditions
in the residential neighborhood." Explain that.
Mr. Whipple: That is simply the case, just by looking at the map on the board
where the remainderof the street heading westward on both sides, north and
south is developed residential, either single family or duplex, and we feel
that putting the commercial development fronting on 7th Street and going into
the residential area would have an adverse effect.
ld MAY 31 1963
Mr. Dawkins: Okay. "The change would create additional traffic congestion in
an already over loaded S. W. 7th Street."
Mr. Whipple: Well, I think we are all pretty familiar with the congestion
that exists in that area now and if we again start to load 7th Street with
additional commercial development, we feel that will have an impact.
Mr. Dawkins: And nothing that has been said here changes your views for the
denial of this?
Mr. Whipple: No, sir. There is nothing that changes our views and we would
be glad to offer a couple more comments if we may, or concerns.
Mr. Dawkins: Go right ahead.
Mr. Whipple: Addressing the proffer of covenant, we would be concerned with
when they say parking for the apartments and for the commercial use, whether
they are talking about a parking garage, or whether they are talking about
surface parking with apartment development above - the R-3 district related
to, does allow parking on the bottom floor with two floors of apartment, and -
- does have limited height. That would have to be clarified if the Commission
wanted to proceed with that. Part of the problem seems to be with this
application that you are dealing with multiple owners. That is why the attorney
can...
Mr. Dawkins: 8, 9 and 10 is not owned by the same person?
Mr. Whipple: No, sir. 8 and 9,I believe, is one owner and 10 is another
owner.
Mr. Plummer: Well, why is the other area blue?
Mr. Whipple: Well, those two property owners own additional property in the
blue.
Mr. Carollo: Mike, can you give me for the record the names of the owners
again of lots 8 and 9 and then lot 10?
Mr. Anderson: Lot 10 is owned by Eduardo Pajon and Andres Fernandez, and lots
8 and 9 are owned by Rudolfo and Orestes Lleonart. I would like to address
those concerns that Commissioner Dawkins has. First of all, the Planning
Department's recommendation changed between the first time this was heard at
Zoning Board and the second time. Now, I would like to just go over the
concerns that they have. It says the change would constitute an encroachment
of a commercial use into a stable residential area, creating a precedent for
further rezoning. I pointed out that lots 16, 17 and 18 are already in use
as a parking lot for the Royal Trust Bank. It doesn't show up there, but
they have a conditional use for that, so they encroach into the residential
area and I would say that the reason why we are asking for a change is, when
you are surrounded on three...here is common areas where you are surrounded on
two sides by commercial, but when your property is surrounded on three sides
by commercial, then it becomes a time to make a zoning change. I think the
courts and the Commissions and so forth - when you see three sides surrounded
by commercial use, or non-residential use, it is time to make the zoning change,
and so once you look at a non-residential use going out to the third side, that
is the time that you should be thinking that "Gee, you are going to have to
change this to what is in the middle". If you do four sides, and you don't
change what is in the middle, it is punitive. I mean - you know. So, three
sides - this is probably the only example, or one of the very, very few ex-
amples you could find in the City where you have three sides of non-residential
use.
Mayor Ferre: Mike, I want to appoint you as my spokesman on zoning matters in
the future. You put that a lot better than I did.
Mr. Anderson: Thank you, Mr. Mayor. The second thing is that it would not be
in compliance with the Comprehenstve Plan, and I think that there are many things
that go on that are not exactly in compliance, but the plan is something that
the Planners will tell you that changes from time to time. As far as the change
adversely affecting living conditions in the residential neighborhood, Mr. Gort,
who is very familiar with this area, told the Planning Department at the time
we met that they should really look at this area. It is really a deteriorated
-- - --Id - - 91 MAY 31 1983
LA
area, and if you noticed, like this morning when that thing came for Cotal
Way, there was a bunch of neighbors in the Commission and they said "Look,
this is hurting our neighborhood. Don't do this to us." We have had two
hearings before the Zoning Board. There hasn't been one neighbor that has
appeared opposed to this.
Mayor Ferre: That is exactly my point.
Mr. Anderson: "The change would create additional traffic congestion in _
already over loaded 7th Street." Royal Trust Bank parking lot, the exit and _
entry are right on lot 18, which are tr,e closest lots to the residential
area. In addition, if you go east of 27th Avenue, the Royal Trust Bank on
both sides has their entrance and exit on 7th Street, so they make this flow
down 7th Street. It is a one-way street, and then it is just a change that
would be out of scale with the needs,of the neighborhood, and the City which
currently has sufficient commercial zoning. What we are saying is, we are
trying to show you that we are going to scale down. We don't want to build
a tower on lots 8 and 9. We want to simply use a lowering effect, so that
what we are saying is, we want to build in conformance with the R-3 zone.
Now why didn't we apply for R-3 is because what we want to do is, we want to
use that ground for a parking for the commercial structures. We are having a
tremendous parking problem right now with the major structure across the
street, which has the Social Security and the college there. So, we can't use —
a residential zone to produce our parking, and so that why we presented it
this way and we do want to limit it so that there wouldn't be ... now, the problem
with building on a 50 by 140 lot on lot 10 - it really is a problem to put a
covenant on that lot by itself because that lot, to build apartments above it,
I mean, you are going to be building a very, very narrow structure with parking
on the ground. It would be a real problem, as I say, to put a covenant on it
and try and build parking above ground on a 50 foot wide lot.
Mr. Carollo: Mike, the only thing I want to know - I am with you as far as what
you stated up to now and I think you described very eloquently; however, I lust
want to know what are the owners intentions in lot 10? Because if we get "x"
covenants for lots 8 and 9 and we don't receive the same one for 10, you know,
it is just not consistent, and it would not be consistent for this Commission
to vote on it without not receiving the intentions of the owners of lot 10.
Mayor Ferre: Commissioner Carollo, are you ready to make your motion?
Mr. Carollo: So, I am willing to make a motion that we defer this item until
the next meeting and to have Mr. Anderson come before the Commission and to either
bring the addition of covenant for that lot, or to bring an adequate explanation
to this Commission of what the intentions are with that lot.
Mr. Plummer: Second the motion.
Mayor Ferre: All right, it has been moved and seconded. Any further discus-
sion? Call the roll on the...I guess this is a continuance, isn't it?
Mr. Plummer: Yes.
Mr. Garcia -Pedrosa: You want to continue it to the next Planning 6 Zoning?
Mayor Ferre: That is right.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION NO. 83-444
A MOTION CONTINUING CONSIDERATION OF AN APPLICATION FOR A
CHANGE OF ZONING ON PROPERTY LOCATED AT 2724-26-34 S.W. 7th
ST., PENDING SUBMISSION BY THE APPLICANT OF A COVENANT TO
T"'CLUDE LOT #10 IN ADDITION TO THE DOVENANT OFFERED ON
LOTS 8 AND 9; OR, IN THE AVSENCE OF SAID COVENANT, THAT THE
DEVELOPERS APPEAR AT THE NEXT COMMISSION MEETING TO EXPLAIN
THEIR PLANS FOR LOT #10.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
92
MAY-31198"
ld
I,
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
ON ROLL CALL:
Mr. Carollo: "Yes". Mike, let me say this to you - I am not against it. I am
for it, based on what you described to me up til now. I just want to have on the
record some guarantees what is going to go on in there, that is all.
------------------------------------------------------------------------------
NOTE FOR THE RECORD: Agenda Item 17 was continued.
------------------------------------------------------------------------------
42. FIRST READING ORDINANCE: ADD HC-1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO ZONING ORDINANCE 9500,
526 N. W. 13 STREET, DR. WILLIAM CHAPMAN HOUSE.
Mayor Ferre: Take up Item Number 21.
Mr. Gary: Mr. Chapman is being contacted and he is in favor of this zoning.
Mayor Ferre: All right, Mr. Plummer moves. Dawkins seconds. Further discussion?
A11 right, read the ordinance on 21.
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
"DR. WILLIAM CHAPMAN HOUSE," BEING APPROXI-
MATELY 526 NORTHWEST 13TH 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, SECTION 300,
THEREOF; BY REPEALING ALL ORDINANCES, CODE
SECTIONS, OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins
and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
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 members of the public.
93
MAY 311983
ld
43. PERSONAL APPEARANCE: MR. REINALDO CRUZ EXPLAINING HIS PAST RECO
IN CONNECTION WITH CONSIDERATION OF HIS CANDIDACY AS A :EMBER
OF THE ZONING BOARD (See later, same meeting for continuation of
this matter.)
Mayor Ferre: Item 35, we are going to go to the Zoning Appointments now.
We have all of the appointments to make now - we are going back to the Zoning
Appointments. Are we ready to move on that? Now, we were on the eleventh
vote when we stopped. Are we ready to commence our votes again?
Mr. Carollo: Yes, Mr. Mayor, we are.
Mayor Ferre: All right, Mr. Cruz, I have a question - we can commence with
the following questions that I have to ask of you at this time. There have
been some requests here to clarify the nature of your... since there is no
way for the press to go to the records on the expungement of your record,
there have been a tremendous amount of requests by the press on the clarifica-
tion of that, and I think that if we are going to be voting on this, it probab-
ly requires a little bit clearer record, so would you mind clarifying this
for us?
Mr. Reinaldo Cruz: Mr. Mayor, Commissioners & Mr. Manager, my record is clean
complete. I work in my community in 1950 for the community. All of my record
is very clean. My reputation - I work for fifty years. In Miami, I work
twenty-five years in carpet business. This is in my record clean from all together
my community, I represent the community. I am representing the American
Chamber for two times. I represent the Federation...
Mayor Ferre: That is not the question.
Mr. Cruz: Okay.
Mayor Ferre: The question, Mr. Cruz, is there has been requests for a clear
clarification as to how the record was expunged with Judge Maria Korvick.
Mr. Cruz: Yes. My record is clean, expunged.
Mr. Perez: Do you have the papers with you?
Mr. Cruz: Yes. I have every paper here - my application for the license, for
the policeman...
Mayor Ferre: No, no. We are not interested in your license to carry arms.
We understand that since your record was expunged, that you went and received
permission to carry arms. What we need is a clarification as to exactly what
the process was in front of Judge Korvick for the expungement of your record.
Mr. Cruz: I don't have it here at this moment. If you give me a chance, in
twenty minutes I will have it here.
Mayor Ferre: Okay.
Mr. Cruz: You give me twenty minutes. My records are in my office.
Mayor Ferre: I think it becomes an important consideration and I think that
we ought to give you that chance, so we will defer Item 35 until you have
that opportunity.
Mr. Cruz: In thirty minutes I will have my records.
MAY 31 1983
t
ld
44. BRIEF DISCUSSION OF CRITERIA FOR REAPPOINTMENT OF P"NNL ING
ADVISORY BOARD AND ZONING BOARD MEMBERS.
Mr. Plummer: Before you take up Item 36, I had requested Item 34 be given
consideration.
Mayor Ferre: All right.
Mr. Plummer: What in fact Item 34 does, removes the limitation of nine years
of any member serving on a board. Mr. Mayor, I was opposed to the motion when
it came up before. I am opposed to to the motion now and I would offer at
this time that Item 34 be moved for approval, which would remove the nine
year limitation. I so move.
Mayor Ferre: There is a motion.
Mr. Carollo: That Item 34 what...?
Mr. Plummer: Would remove the nine year limitation of a board member.
Mayor Ferre: There is a limitation on the record now which prohibits people
from serving more than nine years. This is a motion by Commissioner Plummer
to reverse that. Is there a second? Is there a second? Is there a second?
Mr. Carollo: I can agree with Miller has been saying for some time. You
know, you have got to move those spaces around.
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MAY 31 1983
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45. APPOINTMENT OF PERSONS TO MINORITY PROCUREMENT COMPLIANCE BOARD.
Mayor Ferre: We are now on item number 41, Minority Procurement Compliance
Board.
Mr. Gary: Mr. Mayor, when you... the new procurement referendum with regard
to the minority set -aside, there was a requirement ir.: the ordinance that
there be a minority....
Mayor Ferre: I have a list and I will take up any other list that anybody...
I don't think this is a very controversial thing. I would like to recommend
the following: George Knox, Anita Cofino, Carrie Meek, Barry Kutun, which
I think is poetic justice, and the member of the Commission I would like to
request to be appointed on that myself. This is for Minority Procurement Board.
Mr. Plummer: So move.
Mayor Ferre: Is there a second?
Mr. Plummer: You have checked with all those named individuals and they have
agreed?
Mayor Ferre: George Knox, Carrie Meek, Barry Kutun, Anita Cofino, you know, is
a labor leader. She is a Cuban woman and myself representing the Commission.
Mr. Plummer: And the carpetbagger.
Mayor Ferre: From "Miamah." Is there a second?
Mr. Dawkins: I wanted to put William Chapman on there.
Mayor Ferre: All right, substitute William Chapman instead of Carrie. Dr.
William Chapman, 4307 N.W. 7 Avenue. Do you have any problems with that?
Mr. Plummer: So move.
Mayor Ferre: Seconded by Dawkins. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 83-445
A RESOLUTION APPOINTING FIVE (5) INDIVIDUALS TO THE
CITY OF MIAMI MINORITY PROCUREMENT COMPLIANCE BOARD,
APPOINTING THE BOARD'S CHAIRMAN, AND DEFINING THE BOARD'S
RESPONSIBILITIES, AS THOSE CONTAINED IN ORDINANCE NO.
9530, ADOPTED DECEMBER 9, 1982.
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
s 1 96 MAY 31 1983
46. APPOIIITMENT OF RAY RODRIGUEZ, SERGIO PENTON, JEFFREY WATSON
AS ME"IBERS OF THE BUDGET REVIEW COMMITTEE.
Mayor Ferre: Item 42, Budget Review Committee, is this for the alternates?
We have Ray Rodriguez. Who is Ray Rodriguez?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Plummer and Mr. Dawkins appoint certain individuals to serve as
members and alternate members of the Budget Review Committee and designate the
Chairperson. The only problem is that I am the only person who has made an
appointment in the last three or four months. I have appointed Ray Rodriguez,
who was recommended to me by Willy Gort, and is a member of the Kiwanis Club
and the Young Havana, and all that. But you guys haven't appointed anybody.
Mr. Dawkins: All right, I'll put Jeffrey Watson.
Mr. Perez: Yes, I already appointed Sergio Penton.
Mayor Ferre: Sergio Penton.
Mr. Perez: I already appointed him.
Mayor Ferre: Jeffrey Watson. Plummer, we need your appointment.
Mr. Plummer: I don't have one.
:;ayor Ferre: Would you get one?
Mr. Plummer: O.K.
Mayor Ferre: Marieta Fandino.
Mr. Plummer: Yes.
Mayor Ferre: All right, those three have now been nominated. Would you get
after Plummer and Carollo to make their appointments? Plummer moves, Perez
seconds those three appointments. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 83-446
A MOTION OF THE CITY COMMISSION APPOINTING THE FOLLOWING
INDIVIDUALS TO THE "BUDGET REVIEW COMMITTEE":
1. Ray Rodriguez (Mayor Ferre's appointment)
2. Sergio Penton (Commissioner Perez's appointment)
3. Jeffrey Watson (Commissioner Dawkins' appointment)
NOTE: Pending still are Commissioner Carollo's appointment,
and Vice Mayor J.L. Plummer;s appointment.
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
sl
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MAY 31 1983
W.
I
47. BRIEF DISCUSSION ITEM: PENSION NEGOTIATIONS.
Mayor Ferre: We are now on 47, Mr. :tanager, pension negotiations. Mr.
Alexander, pension negotiations.
Mr. Gary: Mr. Mayor, at the last meeting issue was brought up by the Fire
Union with regard to pension negotiations and their exclusion, or their
non -inclusion in their process. The City Commission directed me to sit down
and meet with the Fire Union regarding this issue. We had a meeting. We
could not come to terms because there appeared to be, first of all the issue
of variable annuities and some resolution to that issue. But I think more
importantly, that it did not include all of the actors; particularly the
attorney for the gates case, who is in the process of working out laneua¢e
with regard to pension negotiations. We left the meeting with the understanding
that it was important for us to get together and have another meeting with all
the parties involved, so everybody will know what is going on, what issue is
on the table and see if we can come to some resolution after we have that meeting.
Mayor Ferre: Mr. Alexander, do you want to say something on this?
Mr. Alexander: I guess so. I think where we are at, Mayor, is really we are
just back to square one. We just have to wait to see what the Administration's
move is. We felt that we had a deal. You know, when you sign up to buy a car
and the guy hands you the keys and you stop on the way out and say, "By the way
I want air conditioning." You give him that, and then he wants power steering.
You give him that too.
Mayor Ferre: That's funny because that is what he says about you.
Mr. Alexander: There is no way. It never stops. There is never a deal
because something else gets thrown in. I guess we don't know where we are at.
We're just back to square one.
Mr. Gary: Not to belabor the point, Mr. Mayor, I think in terms of a deal,
it was understood up front that a deal could not be consumated unless all
parties are signed. There was a failure, not on the part of the Fire Union
per se, or the Administration per se, but on a third and fourth party per se,
that they refused to sign. As a result of that, that brought us back to square
one in terms of trying to resolve some issues, one of which was to get the
actuaries to agree. I think the next step, Mr. Mayor, I think we have the
opinion that, and I hope they have the opinion that everybody is going to
negotiate this fairly and openly, that we proceed with a meeting with all
parties involved so that there will not be the same problem that they both
of us ran into in that we thought we had an agreement. Then, all of a sudden
a third and a fourth party said we did not have one.
Mr. Alexander: Mayor, we started in November, 1980. That is over two and a
half years ago. I think you remember. We want to settle all this. I just
hope we can do it. It is very important to us.
Mr. Gary: We all want to settle. I commend them for the effort that they
made back in 1980, when I was personally involved in that process, when we
thought we had a settlement. As I said before, a third and fourth party
failed to agree. All I can say to you, Mr. Mayor, is that we will go in
very objectively with the idea of settling this once and for all and hopefully
with all parties involved agreeing. We are not closing the door.
Mayor Ferre: All right, sir.
Mr. Alexander: Thank you.
Mayor Ferre: Thank you.
sl
MAY 3 11983
01
43. BRIEF DISCUSSION ITEM: STATE GRANT FOR PROMOTION OF INTERNATIONAL
TRADE.
Mayor Ferre: We'll take up item 51, discussion of utilizing of a state grant
for the promotion of international trade, Mr. Manager.
Mr. Gary: Mr. Mayor, one of the concerns that you had was that we ought to
improve our trade relationships with the Caribbean countries. To that end,
we have been working with your office as well as some of the other Commissioners
to put on this trade mission, which we have in the schedule for June 13th to the
16th.
Mayor Ferre: My problem, Howard, is I found out about this Wednesday of last
week. It was the first time I ever heard of it -on the Bahama trip.
Mr. Gary: We were following your direction.
Mayor Ferre: Yes, I know, you were following my direction, but you never told
me, you know, you want me to dance, you have to invite me to the dance, first
of all. I was invited to the dance last Wednesday and my problem is that my
schedule is already set.
Mr. Gary: Matter of fact, you are not only invited to the dance, it is on your
pew, you are the D.J., and we will be using your records.
Mayor Ferre: The problem is that, as I remember that is going to be June....
Mr. Gary: 13th to the 16th.
Mayor Ferre: We have a Commission meeting on the 15th. We are going to have
to come back to the Commission meeting, aren't we, Mr. Manager?
Mr. Jim Reid: The opening event, Mr. Mayor, is on the 13th. That's when we
hope to have presence of you and the Commission.
Mayor Ferre: O.K.
Mr. Reid: We had made arrangements if you chose to participate to call you
back on the 14th, the morning of the 14th.
Mayor Ferre: That's fine.
Mr. Gary: Don't forget the 15th meeting was changed from the 23rd back to the
15th.
Mayor Ferre: But we do have a meeting on the 15th.
Mr. Gary: Yes.
Mr. Dawkins: We have a meeting on the 15th?
Mr. Plummer: Yes. So when are you going over?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: When are you going over? The night of the 12th?
Mr. Gary: Yes, we are.
Mayor Ferre: See, when we changed the meeting back to the 15th, which was at
the last Commission meeting, nobody said that there was any trip. I didn't know
that there was a trip to the Bahamas until Wednesday of last week. Did you know?
fs
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sl . MAY 31 1983
4
Mr. Gary: That was my fault in not identifying it.
Mr. Plummer: When is this trip to Paris?
Mayor Ferre: That leaves on the 18th.
Mr. Gary: 18th, right.
Mr. Plummer: Of June?
Mayor Ferre: Of June?
Mr. Dawkins: I'm going to that. You'll have to cancel the other one. I'm not
going to Nassau. I'm going to Paris.
Mayor Ferre: You go to Nassau. I'll go to Paris.
Mr. Dawkins: No, no, no, no.
Mr. Gary: Well, Mr. Mayor, I think it is very important for both of these trips,
particularly the Caribbean.
Mayor Ferre: I have it. Carollo goes to Nassau.
Mr. Dawkins: O.K., we'll do it that way.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Is there anything else you want to tell us; Mr. Manager?
Mr. Gary: Yes, sir, Mr. Mayor.
49. BRIEF DISCUSSION ITEM: FUNDS FOR TRADE MISSIONS TO VARIOUS
COUNTRIES.
Mr. Gary: I transmitted... the reason I am bringing this up is not because of the
trip, but also I transmitted to the Mayor and Commission on March 30th the proposed
utilization of the $225,000 State grant with regard to trade activities. This is
one of them. We have provided to you the expenditure of the additional money, which
includes trade missions. One is the Bahamas, which we talked about. Another one
is to Jamaica. We also talked about one to Colombia, Peru; the African mission is
off for right now. We also talked about the International Affair to Santiago de
Chile; the Affair of the Pacific, Lima, Peru; International Affair of Bogota, Colombia;
International Affair of Senegal; and identifies how we plan to spend that
money, Mr. Mayor, pursuant to your request.
Mayor Ferre: Well, the memorandum I have is signed by Frank Diaz-Pou. It is a
one -page memo.
Mr. Gary: No, this is one I sent to you by.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: All right, we don't need any action on this. Do we, Mr. Manager?
Mr. Gary: No, sir. Just for your information.
:1..:.:mer: Howard, how about letting us have some advanced notice when you
expect us to attend?
Mr. Garcia -Pedrosa: He did not want you to go.
In
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MAY 31 1983
• 4
Mr. Plummer: Is that what it is?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
50. BRIEF DISCUSSION ITM1: PARTNERS FOR YOUTH 83, SUL*= PROGRAM.
Mayor Ferre: Mr. Manager, we are now on item number 52, discussion of
Summer Program, Partners for Youth.
Mr. Gary: Mr. Al Howard will outline what we propose.
Mayor Ferre: Mr. Howard.
Mr. Al Howard: Mr. Mayor and the City Commission, my name is Al Howard, Director
of Recreation. This is a program that we put together that is a supplemental
rregrpm to the Partners for Youth; "Miami's for Recreation," we are kind of
coining a phrase and offering activities for all ages and all different forms
of recreation, social, cultural, and physical. One of the things we have in
inovation this year in response to the many discos, we are going to have an
education class for primary disco disc jockeys who want to become familiar with
the laws and regulations, the ordinances of the City and the County, and go out
and perform disc jockeys in accordance with the laws of the community. Also
they will learn the symptoms and the use of electric equipment, the amplification,
and a1c: hztq to set up within a city on discos. We have cooperation from the
Dade County College and the also the adult education courses now want to help
us in offering this to 25 hand-picked youths who are interested in becoming
professional disc jockeys. We feel this will help the situation during the
summers in years to come to have official discos in the City without the problems
that we have faced. We also have programs and trips to the zoo planned for the
,youth this summer, which have proven very successful during the spring. We have
taken them over to the Youth Fair. We took groups to the zoo before. Now we
plan to make this part of our regular program. We plan to incorporate camps for
baseball and basketball and tennis; having a roving tennis program along with a
roving karate program during the summer months. We will continue with our
operation splash, which is a program with the police; giving more visibility
of the police at our pools. As a matter of fact, some of them are working as
life -guards in W.S.I.'s in our program. With all of this together, this whole
program, hopefully from our supplemental $500,000 budget, will only cost about
$1.71 per individual who participates in the program. So we should get a lot
of milleage at a little bit of money with a little recreation for everybody
who wants to get involved from youth to senior citizens. So this is our
answer at the Partners for Youth in Miami. This is only supplemental to the
on -going program of baseball, arts and crafts, cheerleading, and other activities
that have been going on in the playgrounds during the summer months when the
program starts on June 20th and runs through August. Also, this year we have
increased our Summer Lunch Program from 14 sites to 24 sites, increasing it by
84,000 meals that will be given out during the summer, which are nutritional
meals for all the youth who participate in playgrounds. So we look forward to
a very comprehensive and productive summer program.
Mr. Dawkins: Does this money, the $176,000, include the extra money for the
summer lunches?
Mr.. Howard: No, the summer lunches was an addition to this. The summer lunches
does not cost us anything. We get that from the U.S.D.A.
Mr. Dawkins: The City of Miami does not contribute any money at all to the
summer feeding program?
101
s1 MAY 31 1983
4
Mr. Gary: No, sir, that is from the federal government, Mr. Dawkins.
Mr. Dawkins: You come up with people that have to pass them out.
Mr. Gary: That is also financed by the federal government.
Mr. Howard: That is included. The administrative costs are included in the
grant.
Mr. Dawkins: So Basha Schlazer knows they don't have any part in this? They
don't do anything.
Mr. Howard: They do. They distribute the lunches, but we get the money from -
the....
Mr. Dawkins: Basha's salary is paid from the Summer Feeding Program.
Mr. Howard: No, her salary isn't, no.
Mr. Dawkins: So we do have people on our own salary who contribute to this.
Mr. Howard: She is the only one. She actually puts the program together, but
the people who run it during the summer, the supervisors and the monitors are
paid with money from the United States Department of Agriculture.
Mr. Dawkins: O.K., from this how are you going to determine how many youngsters
from Little Havana, how many from Wynwood, how many go on to fishing trips?
How will this be broken down to insure that everybody participates in this?
Mr. Howard: We are going to concentrate on the downtown area, Overtown, Liberty
City, and Little Havana. The leaders... just last year we went on a fishing trip
and the other trips that we took, went into the playground and got the children
to sign up, got the permission from their parents, and took the children who
wanted to participate on this program. Nobody was left behind last year on any
of the trips. We don't intend to leave anybody behind this year. We are trying
to incorporate every youth who is interested in either going to the zoo, going
to castle park, or going out on a fishing trip for their first time experience.
We are trying to get them all. Some will want to do that. Some would want to
get involved in the baseball camp and perform an athletic activity.
Mayor Ferre: I have a question. I'm just reading now the first page, O.K.?
Thirty free shows Black history at Gibson Center, African Square, Caleb Center.
The next one is forty-four popular concerts Black and Latin communities. Then
summer theatre, Coconut Grove Children's Theatre, Corky Dosier, Inner City
Children Dance, Florence Nichols, pupper shows, Judy Worshuns. No Latin?
Mr. Howard: The Summer Sensations that we did last year.
Mayor Ferre: Three discos at Virginia Key. No Latin! And if you keep on looking
at this thing, you have to do something now for the Latin community!
Mr. Howard: The Dance Theatre and the director for the pupper shows and magic
shows are Latin. The Summer Sensations put on shows last year. We went to
alternate weeks. We went into Maceo Park. We went to Shenandoah Park.
Mr. Gary: We did.
Mr. Howard: We went to African Square. We split it up....
Mayor Ferre: I just want to make very sure that this isn't an all Cuban, or an
all Black, or an all whatever. We want to make sure all the disadvantaged youths
of this community have equal access to these programs. Obviously what it is is
a disco program, or Corky Dosier, you are obviously not affecting Cubans. So
you need to balance this so that you have a Cuban and a Black....
Howard: We do. The Florence Nichols Program ... and by the way, Corky's
class has Black and Latin children in it. She is going into the community
trying to generate interest in the ballet and the theatre, so we are incorporating
into every playground in the city. We are concentrating in Little Havana and
downtown.
102
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Mayor Ferre: And I am talking about White -Anglo-American kids too. I mean, I
don't want some kid to say, "Well, you know, just because I don't happen to be
Black or Cuban, then there is nothing for me in the City of Miami." We have to
take care of everybody. We are talking about kids; it ought to be a program that
is geared so that if a disenfranchised. Door kid wants to eet into some kind of a
program activity that he or she feels comfortable in doing so....
Mr. Howard: We've always done this, Mayor. As a matter of fact, you know, any
child who can't afford a tennis fee, has always been allowed to play tennis.
Any child who can't get into the swimming pool, all he has to do is bring 25
aluminum cans, and he gets in free. So we have never excluded anyone of any
race from any program.
Mr. Gary: Mr. Mayor, the answer is this covers the entire community. This
program covers the entire community.
Mayor Ferre: O.K., does anybody else have questions or want to make a statement?
As soon as Commissioner Carollo and Perez come back and we'll be ready to move on.
Any further questions on item 52 from members of the Commission? Hearing none,
we move along.
51. ACCEPT BID OF CRIMINALISTICS, INC. FOR FURNISHING BOXB TRANSPORT
TRAILER FOR POLICE DEPT.
Mr. Plummer: Mr. Mayor, I would like to bring up an item, even though I don't
have the second portion to it. Do you have more of these to pass out?
Mr. Gary: Yes, we passed them all out.
Mr. Plummer: Mr. Mayor, we had an unfortunate situation occur in this community
this past week on Friday night. I think it very well demonstrated the need of
a request that was coming before us in the next City Commission Meeting. That
was that the City of Miami can adequately prepare itself against these acts of
terrorism, i.e., bombings. Before us on the 9th was going to be a request for
a bomb transport trailer, which you have in front of you. Also a request for
the robot, which would take from the scene to this trailer, and as I recall that
was around $21,000, Mr. Gary?
Mr. Gary: We don't have that yet.
Mr. Plummer: Well, I would like at least, Mr. Gary, do you have any problems
if I pass this one?
Mr. Gary: I'd be happy to.
Mr. Plummer: Mr. Mayor, it was ably demonstrated, as we stood there for fifteen
minutes prior to the explosion of that bomb, we stood there for fifteen minutes
and watched it burn. I personally saw about four fireman who risked their lives
going up to this device and two policemen, who did the same. As far as I am
concerned, Mr. Mayor, I don't think we can wait any longer. The need has been
more than demonstrated. That it is needed by this community. You have this in
front of you. I'll move this item immediately. When the other item comes forth....
Mayor Ferre: How -much is that going to cost?
Mr. Plummer: $16,511.
riayor rerre: Is there a second?
Mr. Gary: By the way....
103
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MAY 31 1983
Mr. Plummer: I nominate Commissioner Dawkins as a committee of one to appear
at the scene of the next bombing and take care of it himself.
Mr. Gary: Be the robot, right? Be the robot.
Mr.Dawkins: I second.
Mayor Ferre: With that, he seconds.
Mr. Plummer: I knew I would get him lobbied pretty good that way.
Mr. Gary: Mr. Mayor, this is financed by the State Government also.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 83-447
A RESOLUTION ACCEPTING THE BID'OF CRIMINALISTICS, INC.
FOR FURNISHING ONE BOMB TRASPORT TRAILER TO THE DEPARTMENT
OF POLICE AT A TOTAL ESTIMATED COST OF $161,51i.00;
ALLOCATING FUNDS THEREFOR FROM THE STATE OF FLORIDA LOCAL
GOVERNMENT CRIME CONTROL PROGRAM FUND; AUTHORIZING THE
CITY MANAGER AND THE PURCHASING AGENT TO ISSUE A PURCHASE
ORDER FOR THIS EQUIPMENT.
(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.
52. SECOND READIAG ORDINANCE: CHANGE ZONING CLASSIFICATION 151
N.E. 52 STREET FROM RG-2/5 TO RG-3/5 IN ZONING ORD. 9500
UPON BECOMING EFFECTIVE.
Mayor Ferre: Mr. Clerk, have we done 1?
Mr. Ralph Ongie: No, sir.
Mayor Ferre: I didn't think we had, application to change the zoning of 151
N.E. 52 from RG-2/5 to RG-3/5.
Mr. Plummer: Who is the applicant?
Mr. Richard Whipple: The department, sir, this was an oversight translation.
This was approved under 6871 by the Commission previously, but we did not bring
,-urward the companion ordinance. This is the companion ordinance to your previous
action.
Mayor Ferre: Is there further ... do you want to move it?
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MAY 31 1983
D
Mr. Dawkins: Yes, I move it, Mr. Mayor.
Mayor Ferre: Dawkins moves. Plummer, do you want to second?
Mr. Plummer: Fine.
Mayor Ferre: Plummer seconds. Further discussion? Read the ordinance in
item 1. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, THE NEW
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY
151 NORTHEAST 52 STREET, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN) FROM RG-2/5 GENERAL
RESIDENTIAL TO RG 3/5 GENERAL RESIDENTIAL; 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; AND 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 April 28, 1983,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Dawkins, seconded by Commissioner Plummer, the ordinance
was thereupon given its second and final reading by title and 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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9629
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.
53. BALLOTING PROCEDURE FOR ELECTION OF PERSONS TO PLAANING
ADVISORY BOARD; NOTE: PATRICIA KOLSKI, TOMAS E. DIEGO, ELADIO
ARMESTO-GARCIA WERE APPOINTED.
Mayor Ferre: We need now to vote and appoint the three Planning members and
the one Zoning member left. Otherwise, Mr. Bucelo is going to have a heart
attack. This is item 37, Nestor....
Mr. Ongie: Item 36.
Mayor Ferre: This is 36, this is the Planning Advisory Board. I will now
accept nominations. We are going to go right down the line: Calil, one;
Milian, two; and Rockafellar, three.
Mr. Carollo: I nominate Arsenio Milian.
sl 105 MAY 31 1983
0
Mayor Ferre: To replace Mr. Calil.
Mr. Carollo: No, reappointing him.
Mayor Ferre: We have to go one by one, the way they are listed.
Mr. Carollo: Wait a minute, who is listed?
Mayor Ferre: The first one listed is Eduardo Calil. The question is....
Mr. Carollo: After Calil, who is next?
Mayor Ferre: The next one is Milian. The next one is Grace Rockafellar.
Mr. Carollo: I nominate Pat Kolski. Pat is the alternate member, and again,
the policy has always been to....
Mayor Ferre: Who is the alternate?
Mr. Carollo: Pat Kolski...to nominate the alternate member as a permanent
member. So I nominate Pat Kolski for Calil's spot.
Mayor Ferre: We have Pat Kolski nominated. Are there any other nominations?
I nominate Dorothy Spahn.
Mr. Plummer: I will nominate Amaresto.
Mayor Ferre: Who? Say it in English now. Eladio Armesto-Garcia.
Mr. Garcia -Pedrosa: It wasn't even close, J.L.
Mr. Dawkins: I nominate George Sands.
Mayor Ferre: Nominate George.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Are there any other nominations at this time?
Mr. Perez: I nominate Eduardo Calil.
Mayor Ferre: I don't think we can get any more.
Mr. Plummer: Sure you can.
Mayor Ferre: Oh, come on!
Mr. Plummer: Sure you can.
Mayor Ferre: This is for the first seat. This is Calil's seat we are talking
about; one, two, three, four, five. Is there a motion that we close the nomi-
nations now?
Mr. Carollo: So move.
Mr. Plummer: For the time being.
Mayor Ferre: All right, Plummer moves, Dawkins seconds. Further discussion?
This is ballot number one on Planning.
Mr. Dawkins: Ballot number one on Planning.
Mayor Ferre: So, put P-1, and write down the name of your candidate.
:... ::;:comer: I hate to tell you but somebody stole my list, as if I didn't
know it by heart.
Mr. Carollo: Call the Chief so he can investigate it.
106 MAY 31 1983
sl
BALLOT NUMBER 1
Commissioner Carollo - Pat Kolski
Commissioner Perez - Eduardo Calil
Commissioner Dawkins - George Sands
Vice Mayor Plummer - Eladio Armesto-Garcia
Mayor Ferre - Dorothy Spahn
Mr. Carollo: Again, gentlemen, the policy has always been to bring the alternate
up to the vacancy.
Mayor Ferre: P-2, ready to vote?
Mr. Plummer: I don't think we followed any tradition here today.
Mr. Carollo: Yes, we certainly do.
BALLOT NUMBER 2
Commissioner Carollo
Commissioner Perez
Commissioner Dawkins
Vice Mayor Plummer
Mayor Ferre
Mayor Ferre: O.K., P-3.
BALLOT NUMBER 3
Commissioner Carollo
Commissioner Perez
Commissioner Dawkins
Vice Mayor Plummer
Mayor Ferre
- Pat Kolski
- Pat Kolski
- George Sands
- Eladio Armesto-Garcia
- Dorothy Spahn
- Pat Kolski
- Eladio Armesto-Garcia
- Pat Kolski
- Eladio Armesto-Garcia
- Dorothy Spahn
Mayor Ferre: I'd like to put this up for a little bit of discussion. I'd like
to point out that the tradition around here has been to reappoint people who
have served on the Planning Advisory Board unless they have either not served
diligently, they have done something wrong, they don't want to serve, or they
have been missing a lot of meetings.
Mr. Plummer: That's what Grace Rockafellar said.
Mayor Ferre: Or nine years.
Mr. Carollo: Or the person who nominated them is not around anymore.
Mayor Ferre: On the other hand, I happen to have voted for them. So did Plummer.
Calil Jr., as I remember, has studied architecture and has some knowledge of all
this. Now, has he been going to meetings?
Unidentified Speaker: Yes, sir.
Mayor Ferre: Calil has been consistent at meetings? Is he an architect? As
I remember, he studied architecture.
Mr. Perez-Lugones: I understand he is an architect.
Mr. Plummer: Are we still on discussion?
Mayor Ferre: Yes, sir.
s
10"7
- MAY 311983 --
1
Mr. Plummer: Mr. Mayor, I'm going to be right up front. We can take as many
ballots as you want. I am planning on voting for three people: Armesto, Spahn
and Kolski. Those are the three that I am planning on voting for.
INAUDIBLE BACKGROUND CONSENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: I have no problems telling who I am going to vote for. I'm going
to be voting for Spahn. I'm going to be voting for Dr. Theede and Tomas Diego.
Tomas Diego is a very good friend of a lot of people. He is an intelligent man.
He is a capable business man. He is well known in the community. He put his
name in. He hasn't talked to me. He hasn't called me.
Mr. Carollo: Gentlemen, I suggest we keep voting.
Mr. Dawkins: If it is open confession, I'll vote for George Sands all three times.
Mayor Ferre: Sands. Anybody else?
Mr. Plummer: No, you have three people.
Mr. Carollo: Joe, do you want to tell us who your three are, because we may
cut through an awful lot of discussion here, if we can coincide with a couple.
Yes, I'm going to vote for Kolski, for Milian, and for Armesto.
Mr. Perez: This is not Milian's seat, this is Calil's seat.
Mr. Carollo: One of them is Milian's seat that is up. One is Calil. The other
one is Milian.
Mayor Ferre: If we can get three votes for anybody, we can eliminate two.
Mr. Plummer: Mr. Mayor, from what I have heard on a straw ballot, there are
two people, Armesto and Kolski....
Mayor Ferre: Two votes so far.
Mr. Plummer: ....that have —no.
Mayor Ferre: I have two votes. I have Plummer. Plummer's votes are Kolski,
Milian, Armesto. Is that right?
Mr. Plummer: No, Plummer's votes are Armesto, Spahn, and Kolski.
Mr. Carollo: Whose votes are those?
Mr. Plummer: Those are my three.
Mayor Ferre: Those are Plummer's.
Mr. Carollo: You are doing well, Plummer, you have two out of my three.
Mayor Ferre: Demetrio, do you want to tell us who you have?
Mr. Perez: Yes, I vote for Calil, Armesto, and Kolski.
Mayor Ferre: Kolski has three. Armesto has three. That leaves one seat open.
Mr. Plummer: That's what I said.
Mr. Plummer: Joe, make a motion to confirm those two.
Mr. Carollo: I make a motion to confirm Patricia Kolski.
Mayor Ferre: On what seats? It doesn't matter, I guess.
Mr. Plummer: It is immaterial. Confirm those two.
Mr. Carollo: All three of Chem end the same year, '85.
confirm Patricia Kolski and Eladio Armesto.
108
So, I make a motion to
.:MY 31 1983
al
14 0
Mr. Plummer: Second.
Mayor Ferre: Further discussion? Call the roll.
THEREUPON MOTION DULY MADE AND SECONDED THE CITY COMMISSION
UNANIMOUSLY VOTED TO CONFI&M PATRICIA KOLSKI AND ELADIO
ARMESTO-GARCIA AS MEMBERS OF THE PLANNING ADVISORY BOARD.
Mr. Plummer: Now that then becomes on the Zoning and Planning, the alternate
will be advertised to be filled.
Mayor Ferre: No, you have one vacancy left.
Mr. Plummer: O.K., but I'm saying the alternate, because Kolski moved up, so
the alternate now becomes available.
Mayor Ferre: That's right.
Mr. Carollo: But you can't name anybody now because it has to be advertised.
Mayor Ferre: We are now down to the third vacant seat. As I understand the
people that are left are Sands, Spahn, Theede, Diego, Milian. Spahn has two
votes. Are you ready to vote on these?
BALLOT NUMBER 4
Commissioner Carollo
- Arsenio Milian
Commissioner Perez
- Tomas E. Diego
Commissioner Dawkins
- George Sands
Vice Mayor Plummer
- Dorothy Spahn
Mayor Ferre
- Dr. Jane Theede
BALLOT NUMBER 5
Commissioner Carollo - Arsenio Milian
Commissioner Perez - Tomas E. Diego
Commissioner Dawkins - George Sands
Vice Mayor Plummer - Dorothy Spahn
Mayor Ferre - Tomas E. Diego
Mr. Carollo: Mr. Perez, since you voted for Tomas Diego, can you go over his
background a little more?
Mayor Ferre: His background is Rev. Martin Anorga.
Mr. Carollo: Besides that, what is his background? That is his godfather.
I'm talking about his background.
Mayor Ferre: I think he is in the real estate promotion business and insurance.
He lives in one of those islands on its way to Miami Beach. This is P-6.
Mr. Carollo: Mr. Fannotto, can you go over Mrs. Spahn's background, since you
are her godfather?
INAUDIBLE RESPONSE NOT ENTERED INTO THE PUBLIC RECORD.
BALLOT NUMBER 6
Cu►uissioner Carollo - Tomas Diego
Commissioner Perez - Tomas Diego
Commissioner Dawkins - George Sands
Vice Mayor Plummer - Dorothy Spahn
Mayor Ferre - Dorothy Spahn
109
sl __ . MAY 31 1983
4
4
BALLOT NUMBER 7
Commissioner
Carollo
- Tomas Diego
Commissioner
Perez
- Tomas Diego
Commissioner
Dawkins
- George Sands
Vice Mayor Plummer
- Dorothy Spahn
Mayor Ferre
- George Sands
BALLOT NUMBER 8
Commissioner
Carollo
- Tomas Diego
Commissioner
Perez
- Tomas Diego
Commissioner
Dawkins
- George Sands
Vice Mayor Plummer
- Dorothy Spahn
Mayor Ferre
- Dorothy Spahn
BALLOT NUMBER 9
Commissioner Carollo - Tomas Diego
Commissioner Perez - Tomas Diego
Commissioner Dawkins - Dorothy Spahn
Vice Mayor Plummer - Dorothy Spahn
Mayor Ferre - Tomas Diego
Mr. Carollo: Fannotto, thanks to your help, Mr. Diego got elected.
INAUDIBLE RESPONSE NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Ernie, Ernie, all right.
::.. Zri,f` Fannotto: I tell you what, you are going to hear this here. Your
report card is going to be signed on election day. And when election day comes
you are not going to have the margin.
Mayor Ferre: Ernie, you are out of order.
Mr. Carollo: Mr. Fannotto, I can play hard ball a lot harder than you will ever
learn.
Mayor Ferre: Commissioner Carollo, you are out of order. You are both out of
order.
Mr. Fannotto: That is what the 20 minutes was when it went in there.
Mayor Ferre: We are now on the selection of a Zoning member. I want to say
on the Planning Board, we have three Cubans, one Black, two Anglos. Of all
these people, we have one woman. This is the Planning Board.
Mr. Plummer: Alicia is on the Zoning.
Mayor Ferre: I think where we are a little bit weak here is on Blacks and women.
Mr. Carollo: We need to pass the resolution confirming all the previous members
we appointed.
Mayor Ferre: Make your motion.
Mr. Carollo: I make a motion that we approve all three previous new members,
Kolski, Armesto, and Diego.
Mayor Ferre: Is there a second?
. :.....:.�..s : Second.
Mr. Perez: Second.
Mayor Ferre: Further discussion? Call the roll.
110 1983
sl MAY 31
41 4
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 83-448-A
A RESOLUTION APPOINTING PATRICIA M. KOLSKI AS A MEMBER
OF THE PLANNING ADVISORY BOARD TO SERVE A REGULAR TERM
EXPIRING DECEMBER 31, 1985.
(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.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 83-448-B
A RESOLUTION APPOINTING TOMAS E. DIEGO AS A MEMBER OF
THE PLANNING ADVISORY BOARD TO SERVE A REGULAR TERM
EXPIRING DECEMBER 31, 1985.
(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.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
111
MAY 31 1983
F
' r
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 83-448-C
A RESOLUTION APPOINTING ELADIO ARMESTO-GARCIA AS A
MEMBER OF THE PLANNING ADVISORY BOARD TO SERVE A
REGULAR TERM EXPIRING DECEMBER 31, 1985.
(Hare 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.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
54. FURTHER BALLOTING FOR THIRD VACANCY ON ZONING BOARD; APPOINTMENT
NOT MADE, CONTINUED TO JUNE 15TH MEETING.
Mayor Ferre: Now I have before me statements that have been supplied to each
member of the Commission of the Circuit Court of the Eleventh Judicial Circuit
of Florida in and for Dade County, Criminal Division, Case No. 75-11633, with
regards to the State of Florida vs. Reinaldo Santiago Cruz and the expungement
of the record. This is a petition signed by Mr. Leonard Rosenberg for the
defendant, and the subsequent order signed by Judge Maria Korvick and filed
in the Court by Richard P. Brinker on December 13th; an order granting motion
to expunge and seal court record, signed by Maria M. Korvick on the 13th day
of December, 1982. Is the attorney here? Mr. Attorney, would you please step
forward? The question has arisen, Mr. Rosenberg, give us your name and address
for the record.
Mr. Leonard Rosenberg: Leonard Rosenberg, 719 N.W. 13th Avenue, Miami.
Mayor Ferre: You see, the problem is, if I can recount the process, because
it has been all over the press. You know that your client was accused and
subsequently found guilty of trying to bribe a police officer dealing with a
cock fight, which was supposedly illegally held. There was a question of
bribery involved.
Mr. Rosenberg: Correct.
Mayor Ferre: The judge ruled and sentenced Mr. Cruz. Mr. Cruz subsequently
was given parole, I guess that is what it is called, work....
Mr. Rosenberg: Probation, Mr. Mayor.
Mayor Ferre: Probation, sorry, probation or provided that he work in civic
matters. As I recall, for that period of time, whether it was a year or a
year and a half, Mr. Cruz on almost a daily basis was involved in all types
of civic activities through the Chamber of Commerce and what have you. He
subsequently went back and requested that the matter be closed. Judge Orr
was no longer assigned to the case. It was on a rotating basis. How did it
end up in Judge Korvick's court?
112
sl W v n 4')Q^
Mr. Rosenberg: Mr. Mayor, Judge Orr was, as a matter of course, transferred
to the Civil Division of Circuit Court in the Eleventh Judicial Circuit.
Judge Korvick took Judge Orr's place, again as a matter of course within the
criminal division, of which there are now seventeen judges. Judge Korvick
then had jurisdiction over all of Judge Orr's former cases. Mr. Cruz's case
was one of those cases.
Mayor Ferre: The question now that Plummer is questioning here, and I think
is a valid question, was the case sealed or was he expunged? We are not lawyers
so I don't know what the difference between expungement and sealing.
Mr. Rosenberg: I am and I have a difficult time with the distinction. Let
me explain it this way, if I might. Some years ago, you could have your records
expunged; that is wiped clean so that there was never a trace in writing or
otherwise of any records. Since those years have gone by, the legislature
has enacted a statute which replaces the old expungements statutes, which is
called an order for sealing and/or expungement. The distinction being that
the records do, in fact, exist. They are available for the purposes of any
investigating police agency. They are unavailable to any member....
Mayor Ferre: To the Miami Herald.
Mr. Rosenberg: ....they are definetely unavailable to the Miami Herald.
However, had the Herald been a little quicker, they could have seen the records
substantially before the records were sealed. The fact of the matter is that
statute is available to those priviledged few defendants who in the wisdom of
the judge, who sat as trial judge in their case, did a couple of things. One,
listen to the evidence, and two, decided whether or not the evidence and the
circumstances concerning an individual's background warranted witholding
adjudication. _
Mayor Ferre: So the question is your client was tried. He was found guilty.
Did he plead guilty?
Mr. Rosenberg: He did not.
Mayor Ferre: He was found guilty.
Mr. Rosenberg: Correct.
Mayor Ferre: He was sentenced and it is finished.
Mr. Rosenberg: It is finished. It is over and he is not, by law, a convicted
felon, based upon the manner in which he was tried and convicted.
Mayor Ferre: So, the question now comes before the Commission as to whether
or not the Commission wishes to hold his previous wrongdoing for which he
was found guilty against him in a matter which is before us to appoint him
to a position in the Zoning Board. As I understand it, Mr. Cruz has on many
occasions said that he is sorry that he committed this....
Mr. Rosenberg: Mr. Mayor, if I might, I represented Reinaldo Cruz for at
least the last two and a half years in this matter. Legally speaking, Mr.
Cruz is not a convicted felon. Legally speaking, there were many recourses
available to him after what I consider to be an unfortunate jury verdict
some two and a half years ago. However, he chose to be sentenced by Judge
Orr. He chose to be probated. He chose to continue to emphasize and do
whatever he could do to improve the community work he had already done.
That was his choice. Quite honestly, it was against my legal advice. My
advice was to appeal the matter, because of certain irregularities that
occurred in this trial.He chose not to do that. He chose to continue to
work within the community. That was his choice. Whether or not Mr. Cruz
meets the requirements of this Commission is not a legal decision, but a
moral decision.
sl 113
MAY 31 1983
Mayor Ferre: In other words, the point, as the City Attorney just told me,
is we cannot hold his conviction against him.
Mr. Rosenberg: Correct.
Mayor Ferre: Legally, we cannot do that. Now, you can do that in your heart.
Mr. Rosenberg: That is why I said that the decision for the Commission is a
moral decision and not a legal decision, because legally the man is not a
convicted felon. He should be t--eated equally with everyone else who appears
before.
Mayor Ferre: Are there any other questions of Mr. Rosenberg or Mr. Cruz?
Mr. Carollo: Can Mr. Rosenberg read for the record the papers that have been
given to us?
Mr. Rosenberg: I can if you hand me copies.
Mr. Carollo: There you are, sir.
a
------- ----- ---
Mr. Rosenberg :............ for the record, there was a record to expunge
and seal court records submitted by muself on behalf of Mr. Cruz which
word for word is State of Florida versus Reinaldo Santiago Cruz in Case
No. 75-11633, now comes the defendant, Reinaldo Santiago Cruz by and
through his undersigned counsel pursuant to Rule 3.692, Florida Rules of
Criminal Procedure and Statute 943.058 Florida Statutes and moves this
honorable court to enter an order expunging or sealing the criminal his-
tory records of Reinaldo Santiago Cruz. As grounds therefor, counsel -
states the following: (1) On July 30, 1976 Reinaldo Cruz plead guilty
to the charge of bribery resulting from an incident occuring on December
9th, 1975. Judge Herbert M. Klein adjudicated Mr. Cruz guilty and sentenced
him to a three year probationary term. (2) Prior to his conviction in this
cause, Mr. Cruz had been an exemplary citizen without any record of arrest
or conviction for any criminal offense. (3) On February 22, 1978, Judge
Klein with the concurrence of the Department of Parole and Probation granted
defendant Cruz's motion to terminate probation early, finding that he had
fully complied with all probationary conditions. (4) On February 25th, -_
1981, the aforementioned adjudication and sentence was set aside by Judge
George Orr. (5) Defendant Cruz was retried on the identical charge afore
described and was convicted on April 4, 1981. On May 11, 1981 defendant
Cruz was sentenced to serve a probationary term of 5 years and ajudication
was withheld. (6) Defendant Cruz continued to be an exemplary probationer
to such an extent that on September 14, 1982, his present probation officer
recommended early and successful termination of his probation to this court
and this court granted said relief. Wherefore, the defendant, Reinaldo
Santiago Cruz moves this honorable court to enter its order expunging and
sealing the court record pursuant to Florida Statutes 943.058 as set forth
in Rule 3.692, Florida Rules of Criminal Procedure. Attached to that motion
and as a matter of law is an affidavit in support of defendant's motion to
expunge and seal court records which is attested to by Reinaldo Santiago
Cruz, the substance of which is before me, the undersigned authority in
and for the said County personally appeared Reinaldo Santiago Cruz who
first having been duly sworn according to law deposes and says that he has
never previously been adjudicated guilty of a criminal offense or a compar-
able ordinance violation in the State of Florida or any other state and to
the best of his knowledge and belief he has not secured a prior records
expunction or sealing in the last ten years wherein an endictment or infor-
mation was filed against him and, therefore, is requesting this board enter
an order of expunging and sealing the court record in the above case pur-
suant to Florida Statute 943.058 as set forth in Rule 3.692, Florida Rules
of Criminal Procedure. There is an order that was entered by her Honor
Judge Corvett, Circuit Judge for the llth Judicial Circuit in the same
case number, styled order of granting motion to expunge and seal court
record, the substance of which is as follows: This cause having come on
to be heard on the defendant's motion to expunge and seal court record
herein, and the court having heard argument and being otherwise fully ad-
vised in the premise, it is hereby ordered and adjudged that pursuant to
Florida Statutes 943.058 as set forth in Rule 3.692, Florida Rules of
Criminal Procedure, the records of the arrest of the above named defendant
be and are hereby sealed and the Clerk of the Circuit and County Courts
of Dade County, the Dade County State Attorney's Office and the Dade County
Public Safety Department and/or Metro Dade Police Department are hereby
directed to seal the records of said arrest from their official records.
Done and ordered at Miami, Dade County, Florida on this 13th day of what
appears to be December, 1982. That, Mr. Commissioner, is the essence of
the documents.
Mr. Carollo: Thank you.
Mayor Ferre: All right, further questions? Are we ready to vote now?
All right, so that we can get this thing straight, the last time when we
were voting we had the following people that were nominated and that is
who we are voting on: Freixas, Cruz, Bucelo. .... We are now talking
.LLQL,.;:ominating one of these three gentlemen for the office of Zoning
Member. Is there any further discussion at this time? Can we start by
calling this Ballot #1 all over again, because I don't remember what....
I guess it was 11, do you want to start with 12?
Mr. Plummer: How about a, b, c and d, make it different?
Mr. Carollo: Can we do this before we start voting, whomever nominated
the other two individuals, or if not, the individuals themselves, the
ones that are here, give a brief statement as to their background? I think
that would be helpful.
_ . 115
rt.
MAY 31 1983 .
Mayor Ferre: I think we should also do this because I felt a little bit
bad, you know, we have broken procedure and I want to say that I'm the
guy that broke the procedure, Miller, I did it with you and I apologize
because it has really come back to plague all of us. Let me tell you what
the procedure has always been in the City of Miami as long as I can remember
going back to Bob High, and from Bob High to me as Mayor, there are over 25
years. Okay? And the way it has always been done is one member of this Com-
mission, usually nominates a person and the other members of the Commission
go along. It is an unwritten kind of a thing. Now, in the old days..... —
Mr. Carollo: Wait a minute, you didn't break it with Miller, you guys broke
it with me my first year.
Mayor Ferre: In the old days.....
Mr. Carollo: So you finally saw light.
Mayor Ferre: In the old days we didn't do this, there was no sunshine law. _
So after the election, the elected members of the Commission met at the
Mayor's home for Thanksgiving breakfast, wasn't it, Plummer? And at that
Thanksgiving breakfast at the Mayor's home everybody would decide who would
be judge and who would be a member of the Zoning Board and who would be a
member of the Planning Board and who got what. Now, those were the good days
that Rick Zaldivar wrote about, I don't know whether he's gone or not. The
good old days when Bob High was Mayor and, you know, everything was so nice
and upety-up, above board. -
Mr. Carollo: Yes, and people didn't accept $25 contributions.
Mr. Plummer: And then we got Maurice Ferre and he was too cheap to buy
breakfast.
Mayor Ferre: No, I bought the first breakfast but then I think it became
against the law after that for us to have any discussions. See? And now,
th-2 problem is, and then when Carollo got on board, I guess you were right,
we kind of broke tradition with you first, right, Joe?
Mr. Carollo: Yes, and the guy that did it ain't here anymore.
Mayor Ferre: And the guy that broke tradition with you isn't here.
Carollo: I remember that one.
Mayor Ferre: And then we broke tradition with Miller and that was the second
time we broke tradition and now it is an open free for all type of a situation.
.... I want to tell you that Demetrio Perez, Cruz was the nominee originally,
as I recall, of Armando Lacasa. Armando Lacasa nominated you. Subsequent to
that, so in effect, since Demetrio sits in Armando Lacasa's seat, according
t-o the old tradition and the old way this was done - the turkey day - Commis-
sioner Perez would be entitled, therefore, to make the nomination. But that
is all gone.....
Mr. Carollo: But let me explain this, you're wrong because Commissioner Perez
was the sponsor of Alvaro Romero. Therefore, that would give him two people
in the Zoning Board instead of the one that he would be entitled to as a new
member of the Commission.
Mr. Perez: .... Alvaro Romero, we have a three way contest where the vacancies,
now what we have is, one is Jacinto Alfonso, no? That was Commissioner Carollo's
appointment. The other one, William Perry, that was Reverend Gibson's at the
beginning, poor Reverend Gibson. And Freixas who was a former Lacasa appoint-
ment.
Mayor Ferre: That's right. And the fact is that my appointment has always
Baro and Plummer's appointment was Gloria Basila and we shared
Wilfredo Gort. Your's was Jack Alfonso and subsequently now Osvaldo Moran.
Mr. Carollo: So that means I only have one.
Mavor Ferre: That's right, just like Plummer and just like Dawkins and every-
body else.
Mr. Carollo: No, Plummer has Alicia Baro and Willie Gort.
Mayor Ferre: No, I've got Alicia Baro. MAY 3 1 1 1983
116
rt
Mr. Carollo: Excuse me, Gloria Basila.
Mayor Ferret Gloria Basila is Plummer's. That's right, and we share Wilfredo
Gort.
Mr. Plummer: We share, but Carollo put his name up.
Mayor Ferret That's right, it was Carollo who nominated Gort so technically
he is your's so you've now got two.
tir. Plummer: No, he's got three. He's got Gort, he has Moran and Bill Perry,
three.
Mayor Ferret That's right, well you want everything, don't you?
Mr. Carollo: I hear Cruz clapping out there.
Mayor Ferret Okay, now that that has been said there is a request, so go
ahead, Joe, since you....
Mr. Carollo: Well, what I would like is for - Mr. Bucelo is here and Mr.
Cruz, to come to the microphone and give'a brief history as to their background
and since Mr. Freixas is not here, either Mr. Plummer or Mr. Dawkins, having
voted for them to give a brief background of Mr. Freixas. Mr. Bucelo, do you
want to start?
Mr. Perez: Mr. Mayor, I think that is a new procedure and I think we have a
lot of things to discuss today, I have to leave no later than 8:30.
Mr. Carollo: We'll be done in less than five minutes with this.
Mr. Perez: Yes, but we have enough background information here in all the
papers.
,.Lr. Carollo: Yes, the problem is that we're in a deadlock and I think maybe
the only way it will help to break the deadlock would be in going to the indi-
vidual backgrounds.
Mr. Perez: Okay, but I think that i�, Cruz's case I think it would be important,
the attorney, make the exposition in order that we can clarify ....
Mr. Carollo: Well, is the attorney going to sit for Cruz on the Zoning Board
or is Cruz going to sit for himself?
Mr. Perez: Both....
Mr. Carollo: Both are going to sit on the Zoning Board?
Mayor Ferret Okay, go ahead quickly. You've got two minutes.
Mr. Armando Bucelo: Yes, my name is Armando Bucelo, 506 S. W. 68th Avenue.
I am an attorney, I have lived in the City of Miami for the past 21 years.
My specialty is mainly realestate zoning, etc. I have appeared before the
Zoning Board on numerous occasions as well as before the City of Miami Com-
mission. I am involved in numerous activities here in the community such
as co-chairman of the American Red Cross, Crime Watch, Downtown Miami Business
Association of which I'm a member of the Board of Directors. I'm also a mem-
ber of the Board of Directors of the Dade County Rental Authority Board. Like
I said, I consider myself qualified for this position which is the sole and
exclusive reason of which I am applying and I hope you take that into consider-
ation. Thank you very much.
Mr. Reinaldo Cruz: My name is Reinaldo Cruz. My address is 450 N. W. 21
Avenue. I live in Miami 16 years, I have been in my company, Red Carpet,
for 18 years. I work for the community for long time. In my opinion, one
lawyer inside the, a member of the Zoning Board, a very conflict of the Zon-
_.., Zoard. I understand, I not speak English the same as the lawyer, but I
have a good reputation this country for a long time, in 20 years, I live in
this country. Thank you.
Mayor Ferret All right, thank you, Mr. Cruz. Now, is there any other dis-
cussion before we vote? This is vote number 12.
Mr. Carollo: Do you want to speak for Mr. Freixas and give his background?
rt MAY 31 1983
Mr. Plummer: I'll have to go get the resume, of course, Mr. Freixas I
think is well known to all members of this Commission, he has served on
the board for how long? One term that I know of, he is very well oriented
and the job that he does, and if you want any further I'll be glad to go
get the background.
Mr. Carollo: Mr. Plummer, I'm surprised that you're endorsing somebody
that you're not even familiar with their background but that's your prerog-
ative.
Mayor Ferre: Further discussion? All right, we're on Zoning 12.
Mr. Carollo: Maybe that's the reason we haven't decided on somebody yet,
members of the Commission really aren't familiar with the individuals' back-
grounds.
Mayor Ferre: Well, this is number 12.
The City Commission cast ballots 12, 13, 14, and 15 all with two votes
for Mr. Cruz, two votes for Mr. Freixas and one vote for Mr. Bucelo, whereupon
the matter was deferred to the Meeting of June 15, 1983.
55. DISCUSSION AND DEFERRAL OF CONSIDERATION OF PROPOSED FIRST
READING ORDINANCE CONCERNING ADVERTISING SIGNS IN CR-2 AND
CR-3 DISTRICTS. -
Mayor Ferre: We're now on Item 59. All right, Whipple.
Mr. Richard Whipple: Mr. Mayor, this has to do with the proposals that were
requests before this Commission by Ackerly Outdoor Advertising by which to
°nclude some amendments to general advertising regulations in Ordinance No.
9500. Pursuant to their request and your direction, we have met with them on
several occasions, we have reviewed their proposals and we have recommenda-
tions that in summary amount to the following, summarizing their request in
our recommendation. The attempt, I might say, leading into 9500 was basically
to translate the regulations applying to general advertising directly into
9500 as closely as we could do this with minimal effect. We recognize there
has been a little change because of the district designations but the overall
intent was there and we did not try to change the regulations as such. Their
first request was to include general advertising in the CR and CR-3 Zoning
Districts. The CR-2 and CR-3 Zoning Districts are the Commercial Resident-
ial Districts which general advertising was not included because we felt it
was more appropriate to be included in the CG-1, 2 and 3 Districts. There-
fore, we did not recommend inclusion in the CR-2 or 3. The Planning Advisory
Board, however, did recommend to this Commission that they be included in
the CR-3 but not the CR-2. The second request was with regard to amortiza-
tion. As this Commission might be aware, there are amortization periods
under existing ordinance 6871 and the amendments pertaining to the Sign
Ordinance, amortization which requires the removal of non -conforming ground
signs in five years and non -conforming roof signs in 12 years. As you know,
the existing sign regulations were adopted in 1965, in 1970 started the five
year amortization which the City was taken to court and is still under liti-
gation with respect to the sign removal in this amortization period and like-
wise 1965 to 1972 for removal of the roof signs at which time we were like-
wise taken to court and said litigation is also pending. This is one of the
reasons why we did not feel that 9500 should be amended by which to reflect
anything different than the existing regulations particularly in this area
of amortization. So we have recommended....
Mr. Plummer: You say that is pending legal?
Mr. Whipple: Yes, sir, it is in the courts at the present time.
Mr. Plummer: That only addresses itself to the amortization?
Mr. Whipple: Yes, sir.
INAUDIBLE COMMENT
Mr. Plummer: Well, that's what I asked. Is the court action only in refer-
ence to the amortization? 118 NAY 3 1198,0
rt
i
Mr. Garcia -Pedrosa: Well, I can answer that, commissioner, the court action
seeks to, among many other things, declare the entire ordinance unconstitu-
tional.
Mr. Plummer: You mean the entire 9500?
Mr. Garcia -Pedrosa: No, the sign, the whole scheme of signs.
Mr. Plummer: Is that likewise pending?
Mr. Garcia -Pedrosa: That is what is pending. There is a lawsuit challenging
the entire scheme or regulatory scheme with respect to signs. For example,
whether or not you amortize the concept of payment for replacement value,
that is a part of the lawsuit.
Mr. Plummer: Let me ask another question. When is it contemplated that that
will be heard?
Mr. Garcia -Pedrosa: I don't think that there is any way that we can tell
when we will aet a ruling out of the court.
Mr. Plummer: Go ahead.
Mr. Whipple: The third item brought to our attention was a request for a
sixty foot height limit. Under the current ordinance the height limit is
thirty feet, it was sort of thought initially in reviewing 9500 that the -
height was twenty-five feet and we accept the clarification of the wording.
to limit the height as it is now of thirty feet, therefore, recommending
against the sixty foot height. The fourth item had to do with the number of
signs on a site. Currently, we allow two structures on a site, a structure
which could accomodate two faces. The wording under the new ordinance in
essence limited two faces only which could be two faces on one structure.
We believe that it is equitable to continue allowing the two structures
with four faces and concur with that suggestion. I believe that that covers
the items brought to the attention by the advertising company. In conclus-
ion, the Department's position has been uniform and consistent since the
adoption and since limitation. We have not seen the need to open up any
additional areas for any additional signs, as a matter of fact, we had an
inquiry last week about locating signs in the City by a new company and we
discussed the point that it was only allowed in C-4 and C-5 under existing
ordinance, it would only be allowed in CG under the proposed ordinance, they
had reviewed both and saw no problems. That is the position that we take,
we do not believe that there needs to be additional areas opened up. Our
specific concern with the CR-2 and CR-3 is that these areas cover sensitive
areas which we call sensitive areas, Biscayne Boulevard, Coral Way and areas
like that which we feel absolutely that signs should not be allowed. We
cannot at this time single out the areas, we don't feel we can single out
these areas to be excluded when, in fact, you say they are permitted in one
of these two districts. So overall we are recommending against any additional
areas under 9500 for new signs and feel the amortization period should be
maintained.
Mayor Ferre: All right, anything else? Okay.
Mr. Eric Rubin: Thank you, Mr. Mayor, my name is Eric Rubin. I'm general
counsel of Ackerly Communications and we appreciate the opportunity to appear
here this afternoon. Mr. Whipple covered a couple of points, and I would
just briefly go over them, I guess in reverse order of significance. He
first raised the question of the height limitation, and we have after con-
versations with them essentially relented on our request for an increased
height and concur with them on the 30 foot height at least for purposes
today. Secondly, with respect to the number of signs allowed on any given
lot, we have also come to some agreement with them on that in terms of pres-
erving the status quo. Our principle concerns here really relate to two dif-
ferent issues, first with respect to the amortization provision, the amortiza-
tion provision would require us to remove literally half of the billboards
we have in this City without payment of compensation. That raises a number
or substantial legal issues, I don't want to detail them here except that
there are specific provisions of Florida Law which preclude, allow munici-
palities to determine what they wish to do with billboards as any other zon-
ing issue, but require their removal with compensation under Florida Law
and this would contravene that provision as well as under a number of con-
stitutions as well. In addition, with respect to the CR-2 and the CR-3
zone, in fact, without the CR-2, well let me point something out first.
What we are interested in is being continuing to be allowed to exist where
119 MAY 31 i983
other compatible and equivalent commercial uses exist and those exist in
the CR-2 and CR-3. We're certainly compatible with car lots and gasoline
sations, there are bars, hotels and things of that nature allowed, uses of
that nature allowed in those zones.
Mayor Ferre: You know, counselor, I think you're getting into real deep
water, I'm not a lawyer but you're violating, in my opinion, what lawyers,
this is a matter of litigation. You're coming here and you're litigating
before us what you're supposed to be doing before a judge and that's a mat-
ter that the courts are going to determine. Now, do you want me to give you,
I mean I can open up Pandora's Box right now. If you want, I'm going to ask,
I mean we can just try this case right here.
Mr. Carollo: Mr. Mayor, I don't think that's his intention in doing that.
Mayor Ferre: That's exactly what he's doing, he's opening up a legal issue
which is not being discussed which is before a court.
Mr. Rubin: Excuse me, sir, that is not my intention, in all respect. In
fact, what we have suggested is that, in fact, we settle the litigation.
The litigation has been pending for a long time and has basically rolled
over in the courts over the years. And part of what we're suggesting, in
fact, is to get rid of that litigation.
Mayor Ferre: Now, I'm going to tell you right now as Chairperson here, I'm
ruling I don't want you to discuss anything that is pending before a court
right now.
Mayor Ferre: I think what possibly he was trying to do is give an overall
picture of what is happening. I think what might be best is to direct him
to stick to the specifics that are here before us today.
Mayor Ferre: That's right. Now, Mr. City Attorney, does that cover it?
Mr. Plummer: Wait a minute, how can you do that, because if the entire
Sign Ordinance is before the court.....
Mr. Garcia -Pedrosa: But, Mr. Vice -Mayor, the point is you've got an ordinance
before you and this lawyer can talk about the matters that are specified in
this ordinance without trying his case before you and that is what I think I
would object to and I think the Mayor is entirely correct.
Mr. Carollo: The problem is it is going to be very very difficult for him
to but as best as he can try to stay within....
Mr. Garcia -Pedrosa: Mr. Whipple did it on the side of the City, Mr. Commis-
sioner, I don't see why this lawyer can't do it on the other side.
Mr. Carollo: Well, it is very simple for Mr. Whipple to do it when he is the
one saying no. When you try to defend something it is usually a little harder.
Mayor Ferre: He can talk about it without getting into all this legal stuff
which is going to create a problem before the courts.
Mr. Plummer: I don't know how, I really don't know how he can do it.
Mr. Garcia -Pedrosa: Watch.
Mayor Ferre: Go ahead, make your case without getting into the area that
is before the court now.
Mr. Rubin: Well, without getting into the area, some of these issues are
before the courts and some aren't. Our interest is not in attacking 9500
or its predecessor statute, but to try to resolve this in some way and, as
I indicated, with respect to the grandfathering provisions, we feel that
without regard to the legalities, the legal points, that it is unfair for
us to be required to remove non -conforming uses which were lawfully erected,
I'm not as as a legal proposition but as a matter of fairness, without com-
pensation when no other non -conforming use is treated the same way. With
respect to the CR-2 and CR-3 zones really as a matter of policy, what we're
saying is that where there are compatible commercial uses that we should
be allowed to remain as well. The other issues we have been able to re-
solve but these are the bread and butter issues really. And our real inter-
est is to try and resolve this litigation which is really defensive liti-
gation, I mean we are active in the City, we are here on the long swing
rt 120 t1 A i 3 1 1t$803
and we're located here and we're not interested in litigating against the
City, we're interested in resolving our disputes without respect to litiga-
tion and that's our intent and that's our hope, that's really our position.
I would be happy to answer your questions.
Mayor Ferre: All right, Whipple, anything else you want to rebut or anybody
else want to say anything? Anybody in the public wish to speak on this
issue? All right, questions from the Commission first.
Ar. Plummer: Well, I don't know whether I can ask questions or not, you
know.
Mayor Ferre: Well, that has never stopped you before.
Mr. Plummer: Yes, but this guy is over here jumping up and down. The area
that bothers me is if we order them to take these signs down we have to com-
pensate them for them. Now, that, you know, what are you talking about in
the way of dollars and is their contention correct? Now, ....
Mr. Carollo: That is a very very important point to the City is the signs
that we're talking about or rather the signs that are in question here are
signs that are worth a heck of a lot and if we're going to have to compen-
sate them for that it is going to mean the City is going to be out of a
pretty hefty sum.
Mr. Garcia -Pedrosa: Well, Mr. Vice -Mayor, Mr. Commissioner, I think the
question illustrates the concern that I have, I have no problem, by the way,
sitting down as I have with this gentleman and discussing settling the law-
suit, but you're looking at a piece of legislation which does not pertain
to Ackerly, it pertains to anyone in the City of Miami and, therefore, I
think respectfully that what you should be doing is not talking about how
many dollars you may or may not have to pay Ackerly under a given set of
circumstances in the future which, by the way, if we do that, I think
prejudices our position in the litigation, but rather you should be talking
ai>out the legislative changes set forth in Item #59.
Mr. Plummer: Well, see, here is where
an unknown factor. I an assuming that
that operate in the City of Miami. An
Mr. Rubin: Yes, sir.
Mr. Plummer: Okay.
I disagree with you because it is
there are more companies than Ackerly
I correct?
Mr. Garcia -Pedrosa: Well wait a minute, Mr. Vice -Mayor, that's only tech-
nically true. They have about 85 or 90% of the signs in the City of Miami.
Mr. Plummer: Okay, but you're the one who says speak to the broad spectrum,
not to a company. I assume you said that for a reason.
Mr. Garcia -Pedrosa: Yes, sir.
Mr. Plummer: Now, are we talking about $10? Well, excuse me, let me come
at it a little differently. Do you feel that his statement is correct that
the legislative act, if we remove them, he whoever owns them is entitled to
compensation. I'm not speaking to Ackerly, I'm speaking to the legislative
act, as he said, that says that if you remove them you must compensate them.
Mr. Garcia -Pedrosa: I'll answer your question, Commissioner, but let me say
that this is not peculiar to this particular piece of legislation. The ques-
tion is also a question that would properly be asked about the current law,
6871. So again, I think we ought to be talking about the legislative change
in front of you, and the answer to your question which I'll proceed to give
y=: co ycu don't think I'm skirting answering your question, is not some-
thing that pertains to whether or not this Commission ought to pass this
ordinance. The answer to your question is that there is case law in Florida,
a1iu, in fact, I'll be more specific, the most recent case law in Florida in-
dicates that indeed, if you force someone to take down signs be it under
6871 or under 9500 or under any ordinance, you must compensate the owner for
the replacement value of those signs. Now, I don't know that that is law
that I would accept, and we have not accepted that in the litigation, but I
do want to call to your attention that there are those cases now in Florida.
Mr. Dawkins: Well, are the signs illegal?
1ti - MAY 31 1983
r
Mr. Garcia -Pedrosa: They are non -conforming, Commissioner, yes.
Mr. Dawkins: Well, I'm a layman, what is the difference between non -conform-
ing and illegal? What is the difference between conforming, non -conforming,
legal and illegal?
Mr. Plummer: It depends on whether you get caught.
Mr. Garcia -Pedrosa: If you remember the difference between illegal and unlaw-
ful, illegal is a sick bird. The non -conforming signs, Commissioner, became
non -conforming because you adopted certain ordinances which made them non-
conforming.
Mr. Dawkins: Okay, so if they have non -conforming signs then we have a
right to penalize them by a fine for every day that they are there by the
same rule that they have for us to compensate them if we are wrong, am I
right or wrong?
Mr. Garcia -Pedrosa: I really don't want to discuss this on the record, to
be very frank with you.
Mr. Plummer: You always wanted to be a judge, right?
Mr. Dawkins: I'll say it another way. If I have signs and you take them
down, I want you to compensate me. But doesn't the same law also protect
you by saying that if you are supposed to take them down and you don't then
you have to compensate me.
Mr. Garcia -Pedrosa: Let me answer the question this way. I think their
argument would be that that is not the case and their argument has some sup-
port in the case law.
Mr. Dawkins: Well what the hell are we arguing about then, their signs are
right? What are we arguing about then? If I take his signs down and I've
got to pay him, I can't take them down. And if he can leave them up there
any? T can't legally make him pay me if he leaves them up there and they're
wrong, I mean I don't know what we're arguing about. I don't see what I'm
doing here. You've got me, I'm lost.
:Sr. Carollo: That's not the first time.
Mr. Garcia -Pedrosa: Well, you understand that this particular piece of legis-
lation deals with such things as height, the number of sign faces and so forth
which is different from the amortization.
Mr. Dawkins: All you said to me is that they do not conform. Now right now,
Mr. City Attorney, I'm not too concerned about how they do not conform. What
I'm concerned with now is one thing and that is if they do not conform, and
as a Commission I order them down that the City of Miami is liable. But by
the same token you tell me that they do not conform and as the governing legis-
lative body he can let them sit there as long as he wants and they're illegal
and he doesn't have to compensate me as long as they sit there.
Mr. Plummer: No, there is a difference. I think he is there out of the good-
ness of the fact of pending litigation. I think at the conclusion of that
litigation when the court makes a ruling he will either be right or he will
be wrong. Then this Commission can act and then we go back to Ferre's state-
ment that possibly we are premature. Okay? For example, if, in fact, let's
just hypothetically, not Ackerley, not the lawsuit, are we, in fact, talking
that if, in fact, we say they're non -conforming and you've got to take them
down. That doesn't alter the lawsuit, maybe it alters the numbers from 6871
to 9500 but if, in fact, we order them down are we liable for $10,000,000,
$1,000,000, $10? What? I don't know and I think this Commission has a respon-
sibility to know what our potential liability is.
Mr. Perez: Mr. City Attorney, could I ask you a question? Do we have any
conflict of interest, any legal conflict if we grant a grandfather clause
- *,,o Pvicting companies in the area?
Mr. Plummer: You can't to a company.
Mr. Garcia -Pedrosa: You would do it on the basis of the signs rather than
the owners or the companies that own the signs but I would have to come back
to you on that one, Commissioner. we wouldn't have a conflict of interest
but you might have a treatment of one type of sign differently from another
rt.122 MAY 311983
.4
and that might be a problem, I don't really know right now.
Mr. Plummer: Mr. Whipple, is it possible that when Mr. Pedrosa comes back
with that answer that you or someone within the Department can come back
with what is the potential liability of this Commission, if we take this
action that is proposed, and that is to deny? Okay? I think this Commis-
sion has to know what is our potential liability. What is the consequence
of our action?
Mr. Whipple: With some cooperation from the companies, I think......
Mr. Garcia -Pedrosa: They've made that computation.
Mr. Plummer: I haven't seen it.
Mr. Garcia -Pedrosa: Oh, they have that computation. The point is suppose
you have a non -conforming sign, you still haven't defined your liability
because you haven't answered the question if they have 300 signs that are
non -conforming, how many of those 300 signs are you going to force them to
take down. That is what defines your liability.
Mr. Rubin: If I could just answer the one question for a minute, Mr. Plummer.
This is not a novel issue, this issue arises in a lot of different places, in-
cluding in the State of Florida. There are two ways to measure compensation
with respect to the signs. The least expensive, if you will, from your per-
spective, is with respect to just the sticks and mortar, whatever it is worth
for replacement value. The replacement value for these signs is a little over
$3,000,000 and it's not our number, that is pursuant to one of two State
Department of Transportation formulas.
Mr. Garcia -Pedrosa: That's their computation.
Mr. Rubin: That's a real number in Florida. If we do it in terms of an in-
come approach the number would be 5.6 million dollars, those are very close
to the exact number, they are rounded off low rather than high and those are,
in fact, what the numbers are under the only two theories of litigation that
could be pursued and, in fact, both theories have been gratned depending on
the circumstances of the case. Let me try to make one point. What we are
interested in doing is not pursuing litigation against the City, we don't
think the litigation will go anywhere because in the end.... Let me say it
in another way. With respect to this compensation issue, if we drop this
case today or tomorrow and the signs were ordered down, I mean essentially
the question is where would the compensation be. This has been in a hiatus
because we have kept in a hiatus because we've tried to leave the dooers
open for some resolution other than bringing it to an end and what we look
to the Commission to do as part of the package involving CR-3 and CR-2 as
well as the compensation issue is to bring it to an end to avoid the City
litigating to the end of the lawsuit where a win becomes paying us compensa-
tion. I'm not sure you want those signs, we may give them to you, and to
avoid type of an end and to try and just resolve it. And it arises in the
context of 9500 today. But there is no delay is my point.
Mr. Plummer: Discussion? Discussion?
Mr. Carollo: Discussion. Out of the four requests that are before us here
tonight, do we have to vote for all of them as a group or can we vote on
the requests individually?
Mr. Garcia -Pedrosa: Well, you have an ordinance on First Reading, you can
do one of two things, you can either adopt it or pass it on First Reading
as written, or you can attempt now to make some changes in it and then pass
it on First Reading as changed.
Mr. Carollo: I for one, there are several areas here, one I think everybody
is in agreement on, and that is to allow four sign faces so that one really
is not a question. We have three others that are. What is the increase of
height from 30 feet to 60 feet? I can't really understand why our Planning
nuaru would be against increasing that because actually at 30 feet that's
where it gets really cluttered up. At 60 feet you are up away from more of
the structures where it really doesn't clutter up the area and you have some
balance of what you're looking at. The eliminating of the amortization is
also recommended to be denied, I think just by the basic conversation that
we have had here indicates to me that if we don't vote for this and we lose
in court we're not going to be in too good of a shape financially. And last
but not least, the areas that are recommended for signs in CR-2 and CR-3 as
rt _ 123 MAY 3 � 19g3
denied by the Planning Department but the Planning Advisory Board recommends
approval of the CR-3. Mr. Whipple, for the sake of putting it in the record,
can you explain the basic reason or rather difference between CR-3 and CR-2?
Mr. Whipple: The CR Districts are entitled "Commercial/Residential Neighbor-
hood and Community" and CR-3 is general, I will give you the titles first.
The CG Districts, 1 is General Commercial, they are all general commercial.
The difference between the CR's and the CG's, (1) the CR's allow and encour-
age residential development in some of the strip areas that are adjacent to
low density residential areas. The CG applies more to the more liberal com-
mercial areas where the impact of the commercial development is not as great
to the abutting properties to the rear. That is the biggest difference be-
tween the districts. To get in deeper, we can get into the types of uses
listed in each of the categories to distinguish that those in the CR are
more restrictive, more confined and not as general as those found in the
CG, General Commercial Districts. And, therefore, we feel that they should
be confined to the General Commercial Districts.
Mr. Carollo: Who drafted this ordinance application?
Mr. Whipple: The one before you this evening, sir?
Mr. Carollo: Right, the one that you're denying.
Mr. Whipple: The request came from the outdoor advertising industry and we
translated it into the necessary language for this Commission to consider it
for adoption.
Mr. Garcia -Pedrosa: Mr. Mayor, can I make a recommendation, please? Before
you attempt a sausage approach and pick and choose some portions of this ordin-
ance which may or may not suit members of the Commission, and since counsel
has indicated a willingness to sit down again and discuss with us the possibil-
ity of doing both things, that is to say deal with the 9500 Ordinance problem
and attempt to settle a lawsuit, might I suggest and at the same time recom-
mend that you withhold taking any action on this item until we have had an
opportunity to see if we can't work something out which effects both of those
purposes without detriment to either side?
Mr. Rubin: If I may, that is acceptable but let me make one point, if I
might. Understandably, we have sat down before with both the City Attorney
and the City planner in this general area and one of the problems, under-
standably, which they raised, is that the last time the City Commission ever
looked at this problem was 13 years ago and what they said was, at that time,
was that there was a policy against billboards and, therefore, the City Attor-
ney's Office and more importantly the City Planner's Office felt constrained
not to be able to negotiate or discuss anything with us because of that prohi-
bition which they were under. So if we went back they would need some specific
instructions to work something out specifically to negotiate as opposed to
just to listen to us.
Mayor Ferre: Where does that leave us?
Mr. Garcia -Pedrosa: I think I've got what I need to sit down with them.
Mr. Rubin: I'm not sure Mr. Rodriguez does.
Mr. Carollo: I think he made a very valid observation.
Mr. Rodriguez: I guess we will meet with the Law Department in trying to
see if we can come to an agreement, but the position that we have had until
now is that you all by taking a position on Zoning Ordinance 9500, you made
a policy decision as to where you want signs and where you don't want them.
Mr. Plummer: Fine, now let me tell you what you do because I am assuming
ti:at the motion is going to be to turn it over to the three entities or the
two entities to try and negotiate this thing out. I want you to understand
that if a negotiation is not agreed upon I want, if Ackerly wishes to do it,
or any other company, I think this Commission has got to know what our poten-
tial dollar liability is. I would hope that the City Attorney would be able
to come back and say to us it is x-number of dollars, that the people in the
industry would be able to come back and that possibly you would come back to
this Commission. You know, I think that when we are talking in realms of
millions of dollars I think we've got to know and I cannot for the life of
me understand that we're not being told. You know, if we're talking about
50 or 60 or $80,000 you're talking about one thing. I'm not saying that
rt - MAY 1 1533
I'm accepting this man's figures as being correct, of 3 million and 5.6 mil-
lion but I want to tell you something, 5.6 million dollars will feed a hell
of a lot of people, if he is anywhere right, and I don't know, and the people
in Overtown don't want to eat those used billboards.
Mr. Carollo: I'm not a gambler but I'm less of a gambler when it comes to
millions.
Mayor Ferre: All right, what is the motion?
Mr. Plummer: I move that we accept the recommendation of our esteemed legal
counsel.
Mayor Ferre: And is there a second?
Mr. Carollo: Second.
Mayor Ferre: And is there further discussion?
Mr. Rodriguez: May I make some comments? In guiding us to get together
with the Ackerly Industry....
Mr. Plummer: No, the industry.
Mr. Rodriguez: With the billboard industry, are you directing us to be in
relation to signs to continue the policy that we have until now as to what —
areas in which we allow signs or are we looking to different solutions to
the problem?
Mayor Ferre: I think you are under instruction by the City Commission, as
I understand the motion, to negotiate.
Mr. Rodriguez: Okay, I just wanted to know.
Mr. Plummer: But, if you cannot, if the final negotiation breaks down then
I individually, I can't speak for anyone else, want dollar figures of what
we are faced within a potential liability.
Mr. Rubin: Is there a time frame?
Mr. Plummer: Thirty days, June 15th this matter comes back.
Mayor Ferre: Can you come back in 30 days?
Mr. Gary: No.
Mr. Garcia -Pedrosa: No way, this has been hanging.around for 13 years, J. L.,
come on.
Mayor Ferre: I'll tell you between now and June 15th, if you can squeeze 30
days in, Plummer, you're better than I thought you were.
Mr. Rubin: Mr. Rodriguez and I get along very well but he urges me for 60
days and in 60 days we could certainly do it.
Mayor Ferre: Well, let's say by the last meeting in July. Will that do it
for you?
Mr. Gary: Right, that's better.
Mayor Ferre: The 28th of July. Call the roll.
rt 125 1983
MAY 31
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 83-449
A MOTION DEFERRING CONSIDERATION OF PROPOSED FIRST READING
ORDINANCE CONCERNING ADVERTISING SIGNS IN CR-2 AND CR-3
DISTRICTS IN ORDER THAT THE CITY ATTORNEY, MEMBERS OF THE
PLANNING DEPARTMENT AND REPRESENTATIVES OF THE ADVERTISING
INDUSTRY CAN MEET TO NEGOTIATE A SOLUTION TO THIS PROBLEM;
FURTHER REQUESTING THAT THIS MATTER BE PLACED ON THE JULY
28TH AGENDA.
Upon being seconded by Commissioner Carollo, the motion was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
NOES: Mayor Maurice A. Ferre
ABSENT: None.
ON ROLL CALL:
Mayor Ferre: Let me tell you what my problem is in all this. My problem is
that I was here thirteen years ago and I remember what the Commission said
and what we voted on and the big thing was we were going to give everybody
all these years so that they would gracefully be able to make a lot of money
and walk away quietly and happily and they were real happy. See, I am the
only guy that was here thirteen years ago and I remember what the intent was _
and the intent was to grandfather them in then, let them all at that time have
a real field day and a real run. And let me remind you for those of you that
don't remember or weren't around or have a short memory. It all goes back to
Lyndon Johnson, it goes back to Lady Bird Johnson. Lady Bird Johnson said _
that the one thing she was going to do while Lyndon was President, she was
going to clean up the highways of American and make them beautiful again.
Do you remember that? She said, "We are going to make America beautiful be-
cause you ride down and you watch all these boards and all this" and so a
big crusade for the Johnson administration was to beautify America and we got
caught just like we get caught with the Reagan rhetoric now, we got caught
with the Johnson rhetoric and everybody here was all set to go and clean up
America and we did our little share here and everybody got very upset and
very angry and we said, "Okay, fellows, we'll give you ten years." Somehow,
I don't know how it ended up at thirteen years but it ended up at thirteen
years. They were supposed to be out within ten years and, of course, here
we are again. So, I have a hard time on this since my memory doesn't fail
me and I've got to, unfortunately because I think these are nice people and
deserve consideration, but I've got to be consistent so I vote no.
A
M" I - 0
0
n
56. DIRECT CITY MANAGER TO ALLOCATE AN AMOU14T NOT TO EXCEED
$275,000 TO WYNWOOD COILMUNITY DEVELOPMENT JOB PROGRA'-1,
DIRECTING CITY MANAGER TO MEET WITH COMMISSIONERS REGARDING
OTHER CRUCIAL AREAS OF THE CITY.
AG 49
Mayor Ferre: Reverend, you get up here and Freddy, I haven't seen you down
here in a year or two so you come on up too, let Dena go through her's first
and then you fellows from Wynwood tell us why you want some of that money in
Wynwood. I'm surprised Allapattah isn't here.
Ms. Dena Spillman: Mayor and members of the Commission, I think you're all
aware of that Congress has passed a jobs bill which includes a potential 2.7
million dollars for the City of Miami. This funding would be exactly like
the Community Development Program, it is an add -on, a one-shot affair and
the same activities which are eligible under Community Development are eligi-
ble with this money. Congress has said, however, that we should target these
funds into areas of the highest unemployment in the City. What we are propos-
ing today is to review with you a proposal that we have and then hold a pub-
lic hearing on this grant on June 9th so that we may submit an application
to the federal government by July 1st. We thought about this a great deal
and have determined that the best benefit for the City was to put all of
these funds into one neighborhood. We felt that an impact could be seen in
the neighborhood and that we could take a very small area and show a result.
I think that you are aware that a lot of times our funding is so spread out
that you cannot see the results. We are proposing an area of southwest Over -
town which you can see on the map, and we are proposing to deal mainly in the
area of housing in this area. We are proposing to rehabilitate 200 units of
multi -family housing, acquire land that we don't already own and assemble
sites for the construction of 100 new moderate income rental apartments and
finance at a minimum 20 new houses for home ownership. Now, you are all aware
that that program has been very successful in Overtown and it is a very pop-
ular program throughout all of our neighborhoods. We are going to join these
activities with the efforts of the Overtown Jobs Program to assure that neigh-
borhood residents particularly within this ten block area are trained and are
able to work on the projects that we are proposing. I could go through a
long dissertation on how strategically oriented this particular.area is, it
is close to two rapid transit stations, it is close to the government center
and near downtown - geographically it is well suited for activity. It also
would be in support of the Overtown Shopping Center and would support the
Southeast Overtown/Park West Redevelopment Plan. We would have loan repay-
ment from this program from the Home Mortgage Program and the Multi -Family
Loan Program. A budget for the program is on page three of your package and
your map, and I think that I would just prefer to answer any questions that
you might have since everyone left anyway, it doesn't matter.
Mayor Ferre: Well, before anybody comes back and speaks up on this, let
me tell you, Dena, that I will be voting against this and I will explain
to you why so you understand. I'm all for Overtown, I want to help Overtown
but I could not in all good conscience vote 2.7 million dollars for any
that we're getting for one segment of this town. If I did this in Little
Havana I think I would have the black community on my back immediately and
I guarantee you that this Commission will have the Cuban community on its
back immediately. Now, I happen to think that we've got to be, Overtown is
a target and is the most important target and I think it should receive the
most substantial amount of money, I've got no problems with that, but to
take all 2.7 million dollars and do it strictly in Overtown in addition to
other funds that we're getting in my opinion is to create a serious serious
problem in this town and I guarantee you this will be front page of every
little Cuban newspaper, it will be in every talk show in the next week or
*J•101 if %,o,j think I've had problems with the Cuban community, and I have
and I admit it, you ain't seen nothing yet. And if Plummer thinks that be-
cause he's got such a good reputation he's not going to hear from the Latin
-..,.,,u.,ity, he is going to hear and I guarantee you that this is today the
hottest issue that we have before -us is Item 49 and I'm sorry that there is
nobody else here to listen to this but Plummer, but as far as I'm concerned
we've got problems, problems, problems as Father Gibson used to say.
Mr. Plummer: No, Father Gibson used to say it is time to either fish or
cut bait.
1 rt MAY 31 1963
Mayor Ferre: Well, I've got news for you, you've got Wynwood, you've got
Allapattah, these are two poor areas where there are White poor and there
are Latin poor and there are Black poor and there are Puerto Ricans and
Cubans and people from Central America and Haitians.
Mr. Plummer: What is the problem with Wynwood, what are you for or against?
UNIDENTIFIED SPEAKER: We're asking for a small portion, just 10% of the fund-
ing for a jobs training program in our area, that's what we're asking for.
Mr. Plummer: Okay, and what are you willing to give Wynwood?
UNIDENTIFIED SPEAKER: Nothing.
Ms. Spillman: Commissioner, it's up to you obviously.
Mr. Plummer: Excuse me, Dena, I love you, a simple answer. What are you
giving Wynwood? Are you giving them 2%, 8%, 100%?
Ms. Spillman: Nothing in this proposal.
Mr. Plummer: Okay, now, Mr. Mayor was talking about the Cuban radio programs
screaming and hollering, obviously how much percent are you giving to the
Latin community?
Mayor Ferre: Well, Wynwood is Latin.
Mr. ri-==er: Well, but I'm saying more predominatly Little Havana.
Ms. Spillman: Commissioner Plummer, the entire program was directed towards
Overtown and that's why we're here to talk to you, if you want us to go in
another direction.
Mr. Plummer: Well why then, what justification did the Department use that
they did not use a distribution formula as we have when it comes to Federal
I.�a..,.r Z'.:wring, when it comes to grants of money? You know, I think that
Overtown - look, I don't think there is anyone sitting up here before this
Commission who does not have very deep feeling for Overtown, no question.
They've got special monies from Capital Development only for relief, but I
don't think even the people of Overtown would expect that they are going to
get.....
UNIDENTIFIED SPEAKER: That's more than enough, we're only asking for $275,000.
Mayor Ferre: All right, I would recommend, look, we're talking about the
poverty stricken areas of this town. Right? We can't cover all the areas.
I would recommend, Mr. Manager, that we take $2,100,000 for Overtown and
$300,000 for Wynwood and $300,000 for Allapattah and that we move along.
UNIDENTIFIED SPEAKER: That's a more equitable distribution.
Mayor Ferre: Okay, does anybody have any problems with that?
Ms. Spillman: Mayor, I'd like to comment on that.
INAUDIBLE STATEMENT OFF THE PUBLIC RECORD
Mayor Ferre: There's no deep rooted poverty in Little Havana, Allapattah
is poor, Wynwood is poor, I have not seen.....
INAUDIBLE STATEMENT FROM THE AUDIENCE
Ms. Spillman: Mayor, I'd like to point out one thing, that Little Havana
got 500 units of housing, Section 8 housing that no other neighborhood got
from the City and other neighborhood complained either when they got it.
Mayor Ferre: Little Havana got 500 housing units in Section 8 and nobody
Ms. Spillman: Rehabilitation all over Little Havana, I can show you the
addresses. No, this is done.
UNINTELLIGIBLE CONVERSATION OFF THE PUBLIC RECORD.
Rr. Plummer: Wait a minute, you're not an elected official, I come first.
rt 128 MAY 31 1993
0
UNIDENTIFIED SPEAKER: You don't want to be elected anymore by Little
Havana, let's go. Now you want to get me.
Mr. Plummer: Mr. Octavio Blanco, go right ahead and speak, Ernie Fannatto.
Dena, let me, what they're doing here is playing games here one against the
other. How much is being proposed for Liberty City?
Ms. Spillman: None.
Mr. Plummer: How can you tell the people of Liberty City that you're playing
fair with those people? I'm using Black against Black. Okay?
Mr. Gary: Well, that's good that you brought that up that way. That's good,
I'm glad you brought it up that way, since I normally do this I would do it
again. If you look at the blight, the slum, the barren condition of any com-
munity in this town, if you look at the promises that have been made to people
to move their homes since 1960 with the promise that we're going to allow you
to come back to your current desert barren land because we're going to give
you some more housing.... Let me finish.
Mr. Plummer: We did not make those promises.
Mr. Gary: Well, let me finish, Commissioner. We had to deal with the riots,
you know, we got other people's problems.
Mr. Plummer: Oh yes, Mel Adams runs to Venezuela when the riots come.
Mr. Gary: Correct. So we did it based on blight. Now, let's not anybody
mistaken issues in terms of trying to pit one community against another.
Mr. Plummer: I don't want to.
Mr. Gary: No, I'm not saying you are.
Mr. Plummer: You're pitting one community against all the others, that's
my problem.
Mr. Gary: No, listen to me, Commissioner. When we make decisions we make
decisions based on need.
Mr. Plummer: Fine.
Mr. Gary: When we talk about the job programs, when we talk about the refugee
programs, when we talk about elderly we do it based on needs. I think what
Dena was trying to tell you, and you all have got to establish a policy but
I think it needs to be heard.
Mayor Ferret Howard, I am 100% with you. The blighted poorest most run
down areas, and that's why I've got to tell my friend Octavio Blanco, where
is he going? Blanco, I've got to tell you as compared to Overtown Little
Havana is not run down and I've got to tell you that Allapattah and Wynwood
are a hell of a lot worse off than Little Havana and we're not, in my opinion,
going to be able to do everything for everybody. Okay? And if the people
get angry with me well then so be it, that's the way it is going to be. We've
done a lot for Little Havana. We have built 500 units of Section 8, there
are 500 houses today that have been rehabilitated because of what we've done.
Mr. Blanco: Mr. Mayor, I'm going to bring to this Commission down here on
the last 7 years on the Community Development money based on the per capita,
that is the way they are supposed to be done, how much Little Havana has
against all the other communities, Wynwood, Allapattah and everybody. We
have to divide it equally, let's divide it equally.
Mr. Gary: If I may, Mr. Mayor and Commissioners, and let's forget about
areas perse. I think to say that we make a decision based on that kind of
philosophy is not correct. As an example, if for example, you pass a bond
issue for $10,000,000 worth of bonds for sewers and Liberty City has sewers
ana Little Havana doesn't have sewers or downtown doesn't have sewers, you
don't give money to Liberty City which has sewers. You deal with the prob-
lem and I think that is the approach we've been taking. Secondly, we have
done that specifically in areas whereby one area may get one thing, another
area may not get the same thing and s:,.,metimes we have given areas money and
have not given areas money because the need was greater. A good example is
the refugee program. We give more money to Cuban refugees than we give
Haitian refugees. 12.9 198.3
rt
Mayor Ferre: There are a lot more of them.
Mr. Gary: Exactly, and that's why we make the decision that way. It isn't
made based on the fact that it is a race or it is a group, it is based on
the need and I think we need to do that. As another example, and you're
probably going to find out that in the East Havana area that we just estab-
lished as a task force, they are going to have different kinds of needs
than Overtown and Liberty City and based on that plan you're going to find
that we're going to be making decisions that deal with East Little Havana
that may not be dealing with Liberty City or downtown. So I'm not saying
this is baaed on racial, ethnic or location, it is based on need. Mr. Mayor,
we brought this because of a policy issue, let me just make one further com-
ment and I'll be quiet. One of the concerns that the Greater Miami United
has stated ani other segments of the community, particularly after the Over -
town Riot, was that "Hey, we have broken our promise". City of Miami, you're
not doing your job. Dade County, you're not doing your job, you need to
make some changes. Now, what I'm saying to you is what we thought would be
a good approach, just as we've done in other areas, instead of scattering
out, put up one good house here and you've got fifty raggedy houses and
you put another house, have raggedy houses, and you really don't change the
configuration of the neighborhood, we thought that we would bet a consolidated
plan just as we did with the Section 8 Housing to do it. Now, Mr. Mayor, we
came here for a policy, we are not opposed to sharing the money in some other
areas.
Mayor Ferre: All right, Mr. Manager, I'd like to do it this way. I move
you, sir, that the City of Miami Commission's policy be as follows: That
we concentrate our CD funds in the poverty, most destitute areas in town
and that we do it in the following form: For the Wynwood area $275,000,
for the Allapattah area and East Little Havana, and only East Little Havana
$225,000.
Mr. Plummer: That's Allapattah and East.....
Mayor Ferre: No, each $225,000. $275,000 for Wynwood, $225,000 for East
Little Havana, $225,000 for Allapattah and the remaining balance which is
$1,975,000 - I did this in my head, so.... It is $1,975,000, just under
$2,000,000.
Mr. Plummer: So you're giving it to 4 groups.
Mayor Ferre: That's right.
Mr. Plummer: And then basically where we have eight target areas there are
four target areas that will get nothing.
Mayor Ferre: That's correct, four target areas that won't get anything
because we're concentrating our efforts in those areas that are the most
destitute.
Mr. Plummer: And how will you address the people when they come here from
Liberty City and you tell them they're getting nothing? How will you tell
the people west of 12th Avenue that they're getting nothing?
Ms. Spillman: Commissioner Plummer, they are getting something. Model Cities
gets more single family rehab loans.....
Mr. Plummer: Yes, I'll tell you, Ms. Spillman, what we're getting. I've got
a place on 13th and Flagler. Okay? You're talking about a task force east
of 12th Avenue. This week alone three batteries stolen out of cars, two cars
drained. Okay? Part of my furniture stolen off the front porch but the line
stops at 12th Avenue. That is ridiculous. I'm sorry.
Mr. Gary: Commissioner Plummer, unfortunately we don't have the money to
^clue all the social ills in this community.
Mayor Ferre: You sound like a Republican now.
Mr. Gary: I'm learning.
Mr. Plummer: I doubt that.
Mr. Perez: Mr. Mayor, I would like to propose something. I would like that
we already assigned for the Wynwood area the $275,000 but that the balance,
we have the opportunity, that the administration discuss with each
rt
1q0 MAY 3 11983
Commissioner about the situation in the other different neighborhoods. I
think that Little Havana, East Little Havana and West Little Havana deserve
special attention at this time and also Liberty City but I think that would
be better to have time for the next Commission Meeting to make a decision
but now that we grant this assignment for Wynwood and after we decide for
the rest of the City.
Mayor Ferre: Okay, make the motion.
Mr. Perez: Okay, I make a motion that we grant $275,000 to the Wynwood area
and after we discuss with the administration the different opportunities for
the other areas of the City.
Mayor Ferre: Okay, is there a second? Is there a second? Is there a sec-
ond? Hearing none....
Mr. Plummer: I don't know that in the final analysis I want to give that
little to Wynwood, I might want to give them more. Mr. Mayor, I would
like to make a proposal at this time that we send this back to the adminis-
tration.
Mayor Ferre: I think the reverend wants.to say something, you want to hear
the reverend.
Mr. Plummer: When a reverend speaks I listen.
UNIDENTIFIED SPEAKER: Thank you. Back in March, our esteemed leader, Ms.
Spillman appeared before a CBO Meeting and said that there was some big
money coming to Miami and asked the CBO's to be ready. I think that this
is a direct quote. And from that date in March, we in Wynwood, in the Bis-
cayne Wynwood area have been putting this program together, Mr. Mayor, we
have done our best to be ready to make this program work and we have 65
businesses that are backing this program to the tune of about $150,000 in
the private sector, which is what you have been asking for, Mr. Mayor, and
we are ready to go, we have got a training center that is being prepared
right now and we are organizing block by block for a feeder system, we
already have 60 block representatives that are in place to feed into us
the people to participate in the job training program and so we intend to
create a model of a public/private undertaking here and to stretch those
dollars maximum. I mean in other words we are coming up with somewhere
in the vicinity of $150,000 in the private sector against $275,000 in the
public sector, we're including the Puerto Rican Forum for about $50,000
which is doing the employability skills program and we will have 144 crew
weeks of improvements in our neighborhood and the strength of this program
and we would be more than happy to work with Allapattah, if they're a lit-
tle behind we'll tailor the program to tie in with Allapattah and help them
make a success of the same program, same type of program, we'll be more
than happy to work with Allapattah.
Mayor Ferre: You sound like a Republican too, Reverend.
UNIDENTIFIED SPEAKER: I'm sorry.
Mayor Ferre: Don't be worry about that, that's all right, there are some
left around here.
UNIDENTIFIED SPEAKER: I want to get Freddy in here.
Mayor Ferre: Are you Republican too? You're going to start telling us about
how you got the private sector and all this, the private sector is going to
do all of this? All right, Freddy, go ahead.
UNIDENTIFIED SPEAKER: We finally got organized, the Biscayne Wynwood Cham-
ber of Commerce and what we've done, we've gotten individuals or business-
men from each of the different blocks all along the whole Wynwood area and
they have pledged, like the reverend said, over $150,000 in contributions
towards this project and I think the Wynwood area is a tremendous area, an
area that really needs improvement and the crime aspects of it, get the people
off the streets, the young kids out of the Roberto Clemente Park and put them
into some kind of a job training and this funding would really help the whole
area of Miami.
Mayor Ferre: All right, Commissioner Carollo, the way we left it, and I'm
sorry that Dawkins isn't here because I'd like to have a full Commission
on this.... Where we were heading was this way, I made a motion that didn't
131 - 1983
rt t,IlpY 31
get a second and the motion was that we give $275,000 to Wynwood which is
what they're requesting, $225,000 to Allapattah, $225,000 to East Little
Havana, now the purpose of this is to try to target the most destitute
areas.....
2�1r. Carollo: How about West Little Havana?
Mayor Ferre: Well, that's where Plummer got upset and he said, "Well,
you're doing for East Little Havana, what about West Little Havana" and I
didn't get a second. See? At that point then Demetrio Perez said, let's
do one thing at a time, we know that we like Wynwood and he made a motion
for $275,000 for Wynwood and said to the Manager, you come back and recom-
mend the rest.
Mr. Carollo: Where does East Little Havana stop on our maps?
Mr. Plummer: Twelfth Avenue.
Mayor Ferre: A block and a half away from J. L. and Father Vallina and I
understand there is a motion to merge those two entities. St. John de Bosco,
we'll call it St. John Plummer.
Mr. Plummer: I can bury them out of the church.
Mayor Ferre: No, ma'am, I think we're about to do this. Overtown is the
main target area and there is $1,975,000. Oh yes, that is the main target
area.
Mr. Plummer: I make a motion we send it back to the Manager for a more
equal distribution. He has heard the comments.
Mr. Carollo: I'll make a motion that we approve $275,000 for Wvnwood and
send the rest back.
Mayor Ferre: That was your motion.
Mr. Perez: Yes.
Mayor Ferre: You're seconding, or you make the motion and he seconds it.
Mr. Carollo: I make the motion to give the $275,000 to Wynwood and for
the administration to bring back some figures that would include West Little
Havana.
Mayor Ferre: Do you second that? I would imagine you want to include
Allapattah and East Little Havana.
Mr. Carollo: Of course, all the other segments.
Mayor Ferre: Further discussion?
Mr. Plummer: Wait a minute, you're talking about four areas?
Mayor Ferre: That's what he has specified right now.
Mr. Perez: The only thing that I put in my motion is that before the admin-
istration makes the final recommendation that they meet with each one of
the Commission members, it was the same thing but I want to add that they
have the opportunity to meet with the Commission.
Mr. Plummer: So in other words what you're allocating is $725,000?
Mayor Ferre: $275,000 to Wynwood, period.
Mr. Plummer: What about East Little Havana and Allapattah?
Mayor Ferre: That has been cut out, that's not part of the motion. He
said that the Manager will come back and recommend.
Mr. Plummer: Well, on the record I am fully in favor of funding for Wynwood,
I do not feel that it is fair to fund in a piecemeal basis, I think you have
to have the right to sit down and distribute this money, as I said before,
how would we answer the people of Liberty City, how will we answer the people
of Coconut Grove? How will be answer all of the other people? And I think
that is a problem and I think before you distribute one dollar you've got to
132 MAY 31 1983
rt
that is a problem and I think before you distribute one dollar you've got to
have a fair formula.
Mr. Gary: I agree.
Mayor Ferre: Further discussion?
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 33-450
A MOTION AUTHORIZING APID DIRECTING THE CITY MANAGER TO ALLO-
CATE AN AMOUNT OF NOT TO EXCEED $275,000 TO THE WY?TAOOD COM-
MUNITY DEVELOPMENT JOBS PROGRAM; AND FURTHER DIRECTING THE
CITY MANAGER TO MEET WITH EACH INDIVIDUAL COMMISSIONER TO
FURTHER IDENTIFY THE MOST CRUCIAL AREAS IN THE CITY FOR SAID
COMMUNITY DEVELOPMENT JOBS PROGRAM.
Upon being seconded by Commissioner Perez, the motion was passed
and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: Vice -Mayor J. L. Plummer, Jr.
ABSENT: Commissioner Miller J. Dawkins.
Mayor Ferre: All right, you'll come back and we'll discuss this further.
UNIDENTIFIED SPEAKER: Thank you very much, Mr. Mayor and members of the
Commission.
57. SECOND READING ORDINANCE: AMEND ORD. 9500 BY ENCOMPASSING
CORRECTIONS OF ERRORS, MATTERS OF OVERSIGHT, AND MATTERS OF
COMMISSION DIRECTION; AND INCORPORATING THESE CHANGES INTO SAID
ORDINANCE 9500.
Mayor Ferre: Take up Item 54. Mr. Manager?
Mr. Sergio Rodriguez: My name is Sergio Rodriguez, Planning Department. Item
54, the First Reading was presented to you on April 28th, this is for Second
Reading and it is just a housekeeping item to give all the amendments that
were required before you pass, if you pass this today the effective date of
the amendments to the ordinance will be July 1st for these amendments. Any
questions?
Mr. Plummer: July the Yst, but you're already accepting applications, is that
correct?
Mr. Rodriguez: The Building Department is accepting applications, we understand.
Mayor Ferre: Does anybody wish to speak to Item 54?
Mr. Plummer: The implementation date would be July 1?
Mr. Rodriguez: Thirty days from today for the amendments.
:•... Gaccia-Pedrosa: Thirty days from today like every..... Well, the ordin-
ance is an amendment.
Mayor Ferre: Does anybody object, anybody wish to speak to item 54 from the
public? This is a public hearing. All right, who moves this? Moved by
Carollo, seconded by Perez, further discussion? Call the roll on 54.
Read the Ordinance.
rt3 1983
0 j
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 9500, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA AND THE
OFFICIAL SCHEDULE OF DISTRICT REGULATIONS MADE A PART
OF SAID ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION
IN ARTICLE 3, SECTIONS 320, THEREOF, BY ENCOMPASSING
CORRECTION OF ERRORS, MATTERS OF OVERSIGHT, AND MATTERS
OF COMMISSION DIRECTION AND INCORPORATING SAID COR-
RECTIONS AND MATTERS INTO ORDINANCE NO. 9500; PROVID-
ING FOR AN EFFECTIVE DATE; REPEALING ALL ORDINANCES,
CODE SECTIONS OR PARTS THEREOF IN CONFLICT; AND CON-
TAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of April 28th, 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 Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9630.
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Commission and to the
public.
58. LONG DISCUSSION AND PUBLIC HEAI.ZING OF A PROPOSED ORDINANCE
AMENDING ZONING ORDINANCE 9500 CONCERNING MINIMUM LOT REQUIRE-
MENTS, FLOOR AREA LIMITATI,0?'iS, MINIMUM OPEN SPACE IN SPI
DISTRICTS, CONTINUED TO 7 NE 15TH.
Mayor Ferre: Take up 55.
Mr. Aurelio Perez-Lugones: Mr. Mayor and Commissioners, I want to call atten-
tion that the material that you have for 55 and 57 has been reversed so if you
will please look at 57 in your packets....
Mayor Ferre: How come this has happened now two meetings in a row?
Mr. Perez-Lugones: I don't have an explanation for that one but my office
has been responsible for this one.
Mayor Ferre: All right, so what you're telling me is that 55 is actually 57.
Mr. Perez-Lugones: Yes, sir.
Mayor Ferre: The back-up for 55 is really 57. Okay?
Mr. Perez-Lugones: That is correct.
Mayor Ferre: So it starts out, "The City of Miami Planning Department",
petition to "...for the direction of the City Commission on February 24th
consideration of such other items suggested by other persons...." Is that
the one? This is amendments to the regulations of the SPI-5 Brickell Miami
River Residential District.
Mr. Sergio Rodriguez: The back-up for Item 55 should read April 27, 1983
date. That's the memo. Okay?
Mayor Ferre: Yes, and the second page where it says petition talks about
the SPI-5 Brickell Miami River Residential Office District pertaining to
Section 1556.2, floor area limitations to increase the floor area in section
Off Street Parking and Loading to increase the distances to remote site rt 134 MAY 311983
go
parking in Article XX General and Supplemental Regulations pertaining to
Section 20-12 by adding a definition for non-residential floor area in
Article XXXVI, Definitions to add a definition for non-residential floor
area. Is that correct?
Mr. Rodriguez: Yes, sir.
Mayor Ferre: All right, now you and the Department were going to come
back with some specific recommendations as to the distances and the floor
areas and so on. Tell us what they are before we get into the discussion
of it.
Mr. Rodr'guez: Okay, Mr. Luft is going to come before you and make a presen-
tation on this different proposal.
Mayor Ferre: Mr. Luft.
Mr. Jack Luft: My apologies to those behind the sign.
Mayor Ferre: Mr. Luft, is this for quotation or just for attribution?
Mr. Luft: This is for quotation, I put it all in writing. Mr. Mayor, members
of the Commission, ladies and gentlemen, 'at the last meeting this Commission
was considering an amendment by property owners on Brickell as voiced by Mr.
Traurig that would have provided a substantial increase, a 1.5 FAR increase
on Brickell. That 1.5 FAR increase was to be at the expense of a 1.5 bonus
for residential. It was our contention at that last meeting that this was a
substantial increase
Mr. Luft: FAR increased on Brickell. That 1.5 FAR increase was to be at
the expense of a 1.5 bonus for residential. It was our contention at that last
meeting that this was a substantial increase and that there were some substantial
impacts that would result and we were directed to go back, take another look
at it and report back to this Commission. I believe it was your directive,
Mr. Mayor, that you were looking for an increase in FAR, but our best professional
recommendation is how to achieve that. Well, we are back to recommend to you
and increase in FAR. It's not as much as Mr. Traurig has asked for and quite
frankly, the increase comes with a price attached to it, because as we stated
at the last meeting there is a price, whoever pays that price, to these kinds
of increases in floor area in Brickell and you had suggested, Mr. Mayor,
optimistically that we will find away to pay that price. I'm suggesting here
today that we ought to consider asking the development community who shares
in these benefits ;vbstantially to share in that burden that comes along with
it. I listened with a great deal of interest the preceding discussion on the
housing.
Mayor Ferre: On CD you mean?
Mr. Luft: That's right. We are talking about housing and we are talking about =
finding the money to provide housing and I heard four or five times... the
point was made about there is not enough money tc: go around, there are limited
resources. So true. The proposal that we have to bring to you relies on two -
things, two prices that we feel need to be paid. Number one, we are talking
about transportation impacts which are substantial. We are talking about
transportation impacts which are substantial and we are talking about what
we believe to be a serious proposition, that is the lost of a residential
bonus and the possibility of gaining that residential for the Downtown. So,
we have an alternative for you to consider. First of all let's talk about that
residential and we have put the residential in the past into... we have cast
it into the light of an activity generator, an activity generator for Downtown
and that's true and that's well and good and I think everyone here on this
Commission and in this room today agrees that residential is important for
Downtown to bring that twenty-four hour life back. But let me just talk for one moment about another aspect of that residential. A dollar and cents aspect
that I think is too often over looked. There are eighty-five thousand people
that work Downtown today and I'm talking about Brickell and the CBD and Omni
and that number will grow substantially. Those eighty-five thousand people
make accumulatively about 1.7 billion dollars in salaries. Today fewer than
seventy percent of those... fewer than thirty percent of those people live
in the City of Miami. The great majority of those people go home at night and
they take that 1.7 billion dollars with them.
Mayor Ferre: Jack, I'm sorry, but...
Mr. Luft: Lookt let me make just one point.
Mayor Ferre: ... would you put it around? Because I will tell you... see what's
happening is you are coming up and you are swallowing the thing...
Mr. Luft: I'm sorry.
Mayor Ferre: And really it's so loud...
Mr. Luft: It won't be the last thing I have swallowed lately. The Point is
this Mr. Mayor, the revitalization of a Downtown of a central city is dependent
upon a lot of things and one of those most important things is a tax base and
we have talked about that. We get sixteen million dollars more or less from
that tax base Downtown, about seventeen percent of our total city property
taxes, but it's staggering when you think that a hundred one point two billion
dollars in salaries are going out to build those shopping centers in South
Dade and West Dade to build those small business opportunities. Those new
jobs and service sector that goes with them. That's why Flagler Street frankly,
is struggling to hold its on right now. And that's why we are embarking on a
substantial and expensive program of building Park West. It won't be easy
and it's by no means a certainty, but we are going to try because it's important
for Downtown. Now, Brickell and Mr. Traurig have just suggested, let's just
forgo the 1.5 FAR and let's just turn it into office, because office is what
we need. Our proposal to you says two things. We are going to keep the FAR
2.25 as the base and we are going to keep all of those bonuses that we have
originally asked for with one minor exception, that of the bay walk which we
would suggest be mandatory because of the substantial bonus that they now
provides in our growth lot area. And we are going to ask you to consider one
additional bonus, a .75 FAR bonus that gets them in fact to about a 3.9 FAR,
136 MAY 311983
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6 4
which all things considered partically speaking and I'm sure Mr. Traurig and
everyone else on Brickell would concede a 3.9 or a 4.0 FAR for office development
is about what they are looking for. It's about right. Our proposal will get
into that 3.9 FAR and on top of that it will allow a discretionary amount of
residential in addition, ok. We are talking in the neighborhood of a 5 for a
mixed use project. So, let's go back and examine that bonus. That .75 bonus
and see what that means. Today our existing SPI-5 district here has a base
FAR of 2.25. Mr. Traurig's amendment is looking for a 3.75. That's about a
65 percent increase right there. we are saying these are the bonuses that are
needed and that are responsible to ask for in Brickell and they get you up to
a 3.25 and that's for office development. That's today. Mr. Traurig's package
with those bonuses would get him to a 4.75. Frankly, once you get to the 3.75
these bonuses become rather irrelevant. They are probably not needed and may
not even be used. That's one problem. There is no residential bonus in his
program. He is at 4.75 with our residential bonus, the 1.5. In existing
ordinance we are at 4.75. The difference is mixed use versus pure and simple
office. Ok, let's see how we can get that office amount increased responsibly
and tending to those two major impacts, loss of residential and the traffic.
This again, is Mr. Traurig's proposal for your... for contrast purposes. The
3.75 FAR, the package of bonus is in the 4.75 for office. Here is another way
to accomplish most of that. We start with our base 2.25 FAR and we include the
bonuses for retail for underground parking for large lots. These bonuses become
meaningful because now we know they are going to be anxious to get them because
they want to get over the 2.25. Ok, that gets us up to approximately 3.15,
because there is always a little variation on individual lots, but that's about
right, 3.15. We are still not really close enough to that four figure that they
are after. That's why we have come back in here with a residential off site
bonus of .75 and let's talk about that for a minute.
Mayor Ferre: Off site. I like that.
Mr. Luft: Mr. Traurig has said and Mr. Paul has echoed that people don't want
to build residential on Brickell Avenue. They don't want to build residential
on Park Avenue in New York either and that's understood. I understand that,
it doesn't take a whole lot to appreciate that. Ok, we have got office and
we have got a hundred percent office corridor in Brickell Avenue, but is that
to say that these developers who are creating this employment base in the City
of Miami are not going to share in that responsibility that you all are struggling
with with housing? Or that we can't work with that.
Mayor Ferre: I like that. Jack, I knew you would come up with an imaginative
solution, terrific.
Mr. Luft: Alright, now, let me just point out... I had a conversation with the
head of Planning in San Francisco a few days ago as we were struggling with this
issue. San Francisco has had a program like this for less than two years and
they have generated over four hundred new rehabilitated housing units in their
Downtown and seventeen million dollars in cash contributions that will go toward
housing.
Mayor Ferre: Ok, but now... terrific. Now, define for me what the monetary
value is or how you arrive at that bonus of .75 for off site residential.
Mr. Luft: For every thousand square feet of office you have in new construction
you are going to take about three employees to fill that thousand square feet of
office. Ok. To provide those three employees in that thousand square foot
with a housing unit, affordable housing. I'm not talking about...
Mayor Ferre: No, no, that's too...
Mr. Luft: No, no, wait a minute. I'm not talking about... Now, this is the
rationale. Ok, follow me through.
Mayor Ferre: Jack, that's too heavy. You are going to say for every thousand
feet you are going to expect three residential units?
M.. Luft: No, I'm saying that they contribute eighteen percent right now of the
property tax take. I'm looking for eighteen percent of the housing... I'm
looking to house eighteen percent of those people in the City of Miami. Ok,
eighteen percent.
Mayor Ferre: Alright, Ok, I got you.
13'7
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MAY 311983
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4)
Mr. Luft: The other eighty percent may still have to go, but that's where
we are headed.
Mayor Ferre: You are talking about the people that are working in that building.
ok.
Mr. Luft: In that building in Downtown.
Mayor Ferre: Let me finish now so I can understand the logic of this. If they
are building a hundred thousand--- just for arguement sake--- a hundred thousand
net usable square feet of office space, that means that you are going to have
three hundred people working there. Ok, and you are saying that they have got
to provide off site residential housing....
Mr. Luft: Fifty to sixty people in the...
Mayor Ferre: Or eighteen percent of three hundred.
Mr. Luft: About that percentage. What we are looking at here is a total office
FAR now--- I'm jumping ahead to 3.9 close to that 4. Ok. That's this all totalled
up. When we get to that 3.9 we look at the .75 bonus and we realize that's about
a little less than twenty percent of that 3.9. Ok. Now, if you provide six
hundred square feet of housing for every thousand square feet of bonus that you
get you will provide enough housing for that eighteen percent of the people,
those employees. And more over we are going to make it easy for them because
we are going to let the developers participate in Park West/Overtown or the
Overtown or West Brickell. We have a commitment to step forward and help them
with this program. Now, in San Francisco they let them build housing for students
in colleges. They let them rehabilitate apartment buildings or they in -kind
cash contributions to a fund.
Mayor Ferre: This has to be within the City of Miami.
Mr. Luft: In the City of Miami and preferably I'm suggesting to you although
it's up to your discertion, I'm saying let's go for Downtown. That's where
we would like to keep those people.
Mayor Ferre: No, no, I don't think you can be that restrictive.
Mr. Luft: Ok, that option is there. We can talk about housing... San Francisco
does it all over, alright.
Mayor Ferre: See you can't say that if someone wants to build some housing in
Overtown or on Wynwood or something you can't deny these people...
Mr. Luft: You are right, you are right. We can encourage it, but... Ok.
Mayor Ferre: Jack, let me ask you this question. Now, I don't mind if for
example if you want -to you know, add a little bit more of a bonus for the
Downtown if you do it on a percentage basis, but I don't think you can mandate.
Now, let me ask you this. We came up with a similar solution as you will recall
with... on Brickell Key and but it wasn't quite as big as this. It was a little
bit looser. We ended up with a hundred fifty units.
Mr. Luft: Two hundred.
Mayor Ferre: Two hundred units. They haven't done anything on those two hundred
units.
Mr. Luft: They haven't and Mr. Bailey is looking very hard for those two hundred
units right now I will tell you.
Mayor Ferre: Ok. So, I mean, they realize that they haven't... See, but their
commitment was to build the two hundred units right there on Brickell Key.
Mr. Luft: Well,... or Downtown.
Mayor Ferre: No, no. Oh, no, no, no. The commitment was at Brickell Key.
Mr. Luft: Brickell Key, Alright.
Mayor Ferre: Now, if they are not going to build them in Brickell Key and they
138
MAY 31 1983
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40
are going to go to Overtown which is fine with me, they may have to go up more
than two hundred. Now, counselor, you better not tell your client about that.
Mr. Luft: We are talking basic principles here now. Ok. Now, I don't want...
Mr. Traurig has got a lot of important things to say and I'm anxious to hear
them. So, I'm going to move quickly. 3.9 office is where we are at now and
we have got them participating in a meaningful way at a level where it's going
to be to their benefit to do it to get the office and to get that housing Downtown
and to help capture some of that 1.7 billion dollars that's now going out of
the City. Alright. On top of that we will go ahead and we will still give
them the residential bonus, the 1.0 if they wish to take advantage of it. It's
not hurting them at all it's there for the taking. 4.9.
Mayor Ferre: Does hotel count as residential?
Mr. Luft: Yes, yes.
Mayor Ferre: So, that's an inducement then to build a hotel.
Mr. Luft: Ok. So, that's a freebie. Alright. That's a 4.9 FAR total, which is
substantial. Now, let's go look at the... one other point the second part of
this program. Now, we are up to a 3.9 FAR in office and housing or no housing
hopefully, some of those twenty percent of the people are going to walk to that
or take the DCM to that office space. That's one additional attraction of that
housing in the Central Park, but we know we are going to get a substantial
traffic impact. There are seven things here that I think honestly as a
professional planner I have to suggest to you are the minimum we should consider
in recognizing the significant traffic impacts we are faced. Number one, right
now we are saying you can build as much parking on site as you want. It's up
to you and your lender to decide how much you want, put it all there if you want
to. That policy can no longer continue in Brickell because we are looking at
right now a guaranteed twenty-four thousand cars and that's above the ten
thousand that we have today. We are talking about a two and a half fold increase
in automobiles trying to get out of Brickell. I'm saying that number one, we have
to take a look at--- and I don't have the figure today. I couldn't responsibly
come up with it for you in two weeks. But we need to look at some sort of
on site parking limits for office development on Brickell and with that limitation
we need to consider what Mr. Traurig, I think appropriately pointed out last
time. Remote side parking does have some common sense appeal to it. If it's
managed and controlled as a part of a total transportation system management
program, not just helter skelter within five thousand feet. Sor, we go to remote
site parking we are going to allow a developer to go to twelve hundred feet
away, if he can find the place to put the parking just on a simple class "E"
permit, Planning Department approval. If he wants to go over twelve hundred
feet which is Mr. Traurig's specific issue on this case, fine, he can come back
to the Commission and just like a conditional use or a special exception approval
he can demonstrate to you how that will work over twelve hundred feet away and
at your discretion you can approve it. That response to his problem with the
two hundred seventy-five spaces he needs. Finally, and most importantly though,
if we cap the parking in Brickell as I think we have to seriously consider
doing and we certainly considered that in Downtown, we have to talk about where
does that over flow then go if it's not on site and the other added benefit here
is we are talking about substantial bulk in parking garages, substantial. You
know that it takes four hundred square feet to park a car in a garage and right
now our parking ratio is one to four hundred. That means our garages have
as much floor space in them as the buildings themselves and all you have to do
is look at the garages in Brickell to realize that. And assuming that the
developers and their financial people are going to go with that one to four
hundred ratio despite how much we say they don't have to build. We are talking
about substantial bulk in parking garages and you can't put those in highrises.
Alright. So, we start to look at shifting that parking bulk off site and with
the contribution to the parking authority like Seattle does, we can manage
that. We can go to peripheral locations. We can tie into people mover stations
and we can tie into the transit station and make it work. We are confident we
can do that and we have already identified some sites in the West Brickell area
that may work. The Off -Street Parking Authority would have to participate in
that and that will involve owner contributions toward that program for that
amount of parking that they are saving money by not building on site. We are
talking about improved shuttle bus service. Mr. Mayor, you said last meeting
where there is a will there is a way. Right now Metrorail and Metrobus are
contemplating a fifteen minute headway bus system in Brickell. That's the best
they think they can do. Fifteen minutes is not good enough at rush hour. To
91 139 MAY 311983
40
get people from the Bayshore corridor from Brickell River point or from Brickell
point to the transit station fifteen minute headways won't do it. We have got
to have five to ten minute headways and we have got to have a contribution
on the part of the developers. It's not a big one, but we have got to have
them helping to get that five ten minute headway on those shuttle buses into
those stations. So, the people in those buildings can opt for rapid transit
conveniently. Ok. Finally, we are getting down to the same issue we faced
in Omni zoned right -a -way widths. We haven't recommended any zoned right -a -way
widenings, but I think we are going to have to look at it. Miami Avenue, 7th
Street, possibly portions of Brickell in the 8th Street/7th Street area. There
are a number of them. We are talking about expanded bus bay. Today amazingly _
enough there are no bus bay pull offs in Brickell. The buses stop on the street
and they stop a whole lane of traffic in doing that. Simple t%..nq, but we have
got to... everybody from West... I will see where the phase II transit goes, but
all those people were in the West, not North and South. They have to take the
buses into town and into Brickell. We are going to have more buses, as high
as may be sixty an hour coming in there and we are going to have to have places
for them. So, we have got to get... with the cooperation of their fine architects
and developers we can get these put in. We got to look at a potential extension
of the people mover. Right now it stops at Brickell Avenue and 14th Street. I
say it needs its potential. We have to consider it, but we can take that people
mover and by spliting the route at the loth Street station we can take it around
and provide a station, not only at planned developer on 14th. We can provide a
station at Helmsley Spear on Bayshore Drive and a station at Tishman Spire up
on loth and Bayshore and then back to the loth Street station. We will just make
a loop out of southern end. It really doesn't add that much more cost to the
people mover, but it now begins to provide that access to those major developments
that are missing out now on that connection. Ok. Finally, we are looking at
construction of major street improvements and intersections. Where we increase
those zoned right-of-ways we are going to have to widen the streets and we are
going to have to deal with intersections very soon. I mean, we have got a number
of improvements that already the DRI impacts have said need to be done. That's
the package of transportation sysem management that's going to have to be done
with any increase that we are considering here. We think it's responsible. We
think it's fair and we think there are some ways that the developers throughout
nii.kt;2!1--- I'm not just picking on Mr. Traurig, I would say throughout Brickcl'_
can participate with us in solving these things. It's to their benefit. And
we go back to the housing issue, which I think is central. You will never have
an opportunity that you have today. We are talking about a major change in
Brickell. We are talking about a new change in direction. We are talking about
calling Brickell Downtown. We are simply saying to you, fine, if that's your
will then we are going to have to think creatively because the problems of
Downtown are enormous and they are going to take a lot to solve and we are going
to take their good help to do it. Thank you, very much.
Mayor Ferre: Jack, I look forward to hearing from Mr. Traurig and from Ms. Cooper
and others, but no matter what happens this evening and how this Commission votes,
I want to say that you, Sergio and Jack and the department have really done some
very creative and I think very intelligent thinking. We have got to think of
Brickell Avenue in terms of what it really is now and what's it's going to be
and I frankly don't much care what some of these people that like to call names
down in the Miami Herald think about this, that's their problem. As far as I'm
concerned Brickell Avenue is going to be one of the most important areas of
a Downtown and for people to keep refusing to accept that Brickell is anything
but Downtown Miami is just an absurdity. It's time for us to start thinking
of that Northern Brickell Avenue down to 14th Street as Downtown Miami, because
that's exactly what it is and I think it's just time for us to face that reality
and deal with it and I think come up with these type of things. Now, I have
got to ask you a question which I don't understand counselor before we get to
you. On the second page where you have transportation we went through it, but
how does that fit into the zoning bonus? Does say that before we grant a permit
they have got to come in and talk to us about all those issues and what's the
rules of the game? In other words,...
_. •. ft : 1,71+at I neglected to say since neither Tishman Spire or Helmsley or
Nasher are going to build something tomorrow. We feel we have that amount of
time, but we are looking at a ninety to a hundred twenty day study to work with
L.,io uuwuLwwn Development Authority and the Off -Street Parking Authority and the
Metrorail people...
Mayor Ferre: You mean before we do this or after we do this?
gl 140
.MAY 31 1983
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Mr. Lu£t: No, you can go ahead and make your move now as far as your basic
policy decision on increases and FARs, but we are just suggesting to you, strongly
suggesting that at the same time as you make that commitment to increase the
FARs in Brickell you make a commitment to take a professional hard look, a
study at this management program to fit these pieces together and to come up
with the numbers on any necessary limitations, any necessary off site parking,
the amount and the mechanisms to accomplish it.
Mayor Ferre: Alright, you didn't answer my question. Do we tie this... my
question specifically Jack or Sergio, is how do we tie this in to this particular
ordinance that we are reading on second reading? Are you saying that we not
vote on it on second reading? Are you saying that we vote on it and include this?
Or are you saying we vote on it and amend it later on by bringing this back?
Mr. Plummer: What I'm understanding they are saying that if you accept these
that they are proffering here this evening there is no way you can vote on this
in second reading.
Mayor Ferre: Is that what you are saying?
Mr. Sergio Rodriguez: You have two options here. You can wait on your second
reading vote until we come up with the study and recommendation so you can make
this effective one hundred twenty days from now to concur with the result of the
study that we will bring at that time. I think the first one is cleaner.
Mayor Ferre: Just to wait until we get it all done?
Mr. Rodriguez: So you know exactly what we are requesting or proposing to have
from the developers and from the area.
Mayor Ferre: Alright, counselor.
Mr. Bob Traurig: Thank you, Mr. Mayor.
Mayor Ferre: Are you the Bob Traurig?
Mr. Traurig: I have read about me. Mr. Mayor and members of the Commission,
I listened attentively to what Jack had to say and I was pleased that what he
was saying is that we can live with the density on Brickell Avenue, but we want
some trade offs. That's a departure from what staff has been saying up to now.
He is saying we will give you the extra FAR, but we want some trade offs. This
is not the first proposal which we have discussed in the last week or so. Mr.
Reid, Mr. Rodriguez, Mr. Luft and I have had a number of meetings in an effort
to reconcile the differences between our proposed amendments to the SPI ordinance,
SPI-5 and their philosophies and although the respective parties could not agree
and we don't agree here, but there is a great deal of merit that we would like
to comment on. There are things that have been said that caused me to reflect
on a number of other issues. Very interestingly Mr. Reid suggested that perhaps
it was untimely to develop a Planning Department response to our proposals
since such important considerations and these are his words, couldn't be jotted
down on the back of an envelope and he was saying to us that it was premature
and it was too quick and we couldn't get it done on the back of an envelope.
And such a reference to historic writings is interesting and I would like to
submit this to you, not with tongue and cheek, but because it really tells a
story. Four score and seven years ago, 1896 to be precise, our fathers brought
forth in this County a new city, the City of Miami, conceived in enthusiasm
and dedicated to the proposition that all people are welcome here. Now, we are
engaged in a great civil debate arguing whether that city or any city can long
prosper, endure or maintain their character if they expand. And I say to you
it's altogether fitting and proper that we should this. Now, that's plagiarism,
but it really in great words brings this down to the current problem. We are
engaged in a great public debate over the future of Miami. One of my favorite
people in local government administration is Jim Reid. He serves this city
well. He has an extraordinary grasp and a dedication to resolve the issues
of an urban society, issues involving a heterogeneous population and issues
involving growth.
Mayor Ferre: Wait a minute, Carol, wake up Jim. Wake him up. Are you awake
Jim?
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141 MAY 311983
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Mayor Ferre: Oh, ok, go ahead.
Mr. Traurig: And if there were ever a testimonial for Jim for his outstanding
character and his service to this community I would like to participate in it.
But at this time and this place and on this issue I have to agree with him and
Mr. Rodriguez and Mr. Luft and all those who have opposed what I consider to
be a moderate increase in the intensity of development, the permitted intensity
of development on this major corridor. And now I would like to quote Jim again
or quote Jim for the first time, because exactly a week ago when the City Manager
convened the Ad Hoc Committee to study the new proposed zoning ordinance, Jim
preceded the discussion by making these two statements. First was that the
City is in a redevelopment mode and the second is that the new zoning ordinance
must be considered in the context of the community changes which are taking place.
Those are quotes from Jim at that meeting and I couldn't agree more with those
basic policy statements, but staff's position vis-a-vis these proposed ordinance
changes belie that policy and if we are in a redevelopment mode and if dramatic
community changes are occuring, shouldn't we be fully prepared for that quantum
leap which our new role as the capital of the western hemisphere commerce will
demand and that's what you were saying Mr. Mayor at the last meeting.
Mayor Ferre: Are you going to quote me?
Mr. Traurig: Are we serious about the expansion of the DDA into the Brickell
area which implies that this expanded area is part of Downtown development?
Are we serious about becoming the center of interamerican commerce? Are we
serious about being in the leadership in the Southeastern United States in
the business and commercial worlds? And are we serious about the future of
Miami as a banking and service center? If we are and the unanimous statements
of this Commission make it clear that we are, then the Brickell Avenue of
tomorrow must be somewhat different than the Brickell Avenue today. The present
development... the future development rather must be more intensive, but the
design and the amenities should and must be controlled and regulated. We now
hear from a lot of objectors to these proposed ordinance changes that the
ambience of Brickell Avenue is outstanding and must be preserved. Many people
in this room, I included, vividly recall the concern, the chagrin, the consternation
when prior changes on the face and the character of Brickell Avenue occurred.
You spoke at the last meeting, Mr. Mayor, of the changes that took place on the
corner, the Southwest corner of Brickell and the Trail when Jack Beckworth sold
his building. We all recalled the character of Brickell Avenue when Ms. Harris's
school was there and those small apartment houses were there...
Mayor Ferre: I went to school there. You didn't know that. I went to Ms. Harris's
school, absolutely and it wasn't for girls, it was for a lot of boys too. Because
I'm a boy. I was there in 1948.
Mr. Traurig: Then you recall how that campus dominated the east side of
Brickell from Brickell to the Bay and the kind of low intensity, low profile
development existed at that time and how the changes that took place when the
Perry Nichols Building and the Family Finance Building and the 550 Building and
the other first generation office buildings on Brickell Avenue were developed
and many applauded those moves and others were in desperation and those who
despaired talked about the change of character and the infrastructure inadequacies
and the inconsistent zoning just as we hear it today. But just as Mr. Reid
reminded us a week ago tonight when we met for the first time to talk about that
new ordinance the City was then in a redevelopment mode and the City was then
beginning to flex its muscles and recognize its potential as a leader in the
United States and in Latin American commerce and the result of those changes
was the Brickell Avenue that we find today. But that's two generations of
Brickell. The old generation that Ms. Harris's school represented and the
generation that followed that had its beginnings, its genesis with those
buildings like the Nichols Office Building. And now the question is what's
tomorrow's Brickell Avenue going to be like and who is it going to serve and
will we utilize that priceless asset for what it's made to be and I said to you
a few minutes ago that the issue was the ambience and how do we develop that
kind of an ambience. Not only does the existing RCB ordinance, but both the
new SPI-5 ordinance and the proposed changes all have common features which
-ve and protect the current basic character of Brickell Avenue. Those are
the keys to affect their future development. The open space requirements in
the plazas and the ample set backs and the mandatory amenity features and all
of those things remain in the proposals, not one of those things is affected
by what is being proposed and furthermore, the design review of the Urban
Development Review Board and the special permits, the class "E" permits that
91 142 MAY 31 1983
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the new ordinance requires that will be issued by the Planning Department only
after design review will give protection to the City, that the basic character
of Brickell will not be changed and the ordinance does provide for all of those
mandatory amenity features. No changes are being proposed to disturb those
controls and the increased floor area and the other requested changes won't
replace those features, the increased floor area will merely be translated into
increased height which is permitted under the ordinance and which the Planning
Department's staff has complemented, because they have always felt and acknowledged
that height was not a deleterious feature. It was neither offensive nor prejudicial
and as a matter of fact staff has also encouraged increased bulk and that's
demonstrated by what Mr. Luft is talking about tonight. He said we will give
him the extra 1.75 and we will bring them up to a 4.0, but we want that trade
off. So, he is being consistent with what the Planning Department has said in
the past, because the present ordinance with the residential bonus on Brickell
Avenue permits that kind of a bulk. So, therefore the issue is neither height
nor bulk, but what uses are relevant and adherence to the design controls and
if we study the pattern of development on Brickell Avenue and we are not talking
about Bayshore Drive and we are not talking about west of Brickell, we are talking
about the Brickell Avenue corridor from the River to 15th you will find that in
none of the current generation of buildings is there any residential provided.
Because it's the wrong place for that kind of residential. The Bay is the right
place the MXD districts are the place, but Brickell Avenue has a special
character and a special ambience. As a matter of fact, Brickell Avenue has
achieved a secondary meaning just as Coke and a lot of products have achieved
a secondary meaning. When people talk about Brickell Avenue from the River to
15th they think of that high quality amenity loaded corridor of office buildings.
And we don't ever think of residential on that corridor. What are our new
proposals? We have asked that you increase the FAR from the present base FAR
of 2.25 to 3.75. I want you to know that I'm not going to speak about the
technical aspects of this at great length because I have an expert to testify
with regard to that and I will introduce him in just a minute. But the bulk
is permitted now, the 3.75 is permitted, because you can have the 3.75 if you
have the residential component. As a matter of fact the way the ordinance is
drafted right now for an additional .75 of residential you can have an additional
.75 above that for any permitted use which includes offices. Now, Mr. Luft is
shaking his head and they have changed the ordinance that you will receive on
June 9th because they don't want that kind of an interpretation, but I'm saying
to you that the present interpretation of the ordinance is that if you go to a
3.0 by adding .75 in residential, you can have an additional .75 of any
permitted use and that brings you up to 3.75. So, they have again recognized
that bulk is not the issue. The second issue was what counts as floor area?
We have said to you on first reading that we think that you shouldn't count
in the garages the stairwells and the elevator shafts and so forth, nor should
you count the equipment rooms and their arguement is we should count them, but
that's the second issue. The third issue is that remote parking and we would
like to change our request so that not more than fifteen percent of the required
could be off site and that off site would have to be between the River and 15th
and between the Bay and the westerly right -a -way line of I-95. And the fourth
thing is that where there are large tracks being developed in phases we wanted
the truck base to be able to be split between phases and that's the matter that
Mr. Paul talked about when he was here. Now, what are the Planning Department's
arguements in the package that you received? They said number one, regarding
that first issue on base FAR that the intensity level through the increased
FAR can be supported by the infrastructure and I'm saying to you that that isn't
going to happen. It's not going to happen because we have a DRI process
and all of these large tracts are large enough that the development at this
FAR that's presently being proposed would require a DRI and that DRI studies the
infrastructure and would limit the development if the infrastructure were
inadequate. Furthermore, we have got the Urban Development Review Board and
the special permit process. The second thing that they argued about was the
exclusion of the machine rooms, our departure from the precedent in Ordinance
6871. I would say to you that when Mr. Reid addressed us and he said that
we have to develop a new ordinance in the context of the community changes
taking place, he is saying let's draft a new ordinance or propose a new ordinance
or enact a ordinance which will be a departure from the old ordinance. Now,
in their recommendation to you they say this is a departure from the old ordinance.
saying you are right and that's what was intended. The third thing is the
remote parking spaces and we dealt with that and we do think that if you have
remote parking spaces under I-95 with a private transportation system moving
people from that point to the office complex you are not increase traffic as
the Planning Department's recommendation says, but you are decreasing traffic.
All those cars that are parked there are no longer going to be driving to the
building, but one van is going to be taking the passengers from that car to
the building. And the last issue was the truck bays and we can cover all that
gl 143- - 1A 1 31 1983
through restrictive covenants that would require that the future stages
provide for that kind of supplemental truck bays But in order to discuss
these technical features and then I will come back later on to what Mr. Luft has
proposed and that's the off site residential development. But I think that in
order for you to understand the residential, rather the design characteristics
of the proposals you should hear from Mr. Alexander Cooper who is here from
New York. He is the principle in the firm of Cooper Associates. He has
vast public experience. He was in New York City government for twelve years.
He was director of design, Housing and Development Administration. He was
director of the Urban Design Group. He was a city planning commissioner for
five years and he presently is involved in the following small projects; The
Time Square's redevelopment of seven million square feet and the Battery Park
development of eight million square feet of offices and twelve million of
residential. So, he has the kind of indepth experience in urban problems that
you want to hear about. And I would like to call on Mr. Alexander Cooper.
Mayor Ferre: Before you do that counselor I have got a question for you. I
wrote down carefully the four points you mentioned. As I recalled when we were
talking about what do you count for floor area ratios it didn't start out as
to whether or not shafts, equipment rooms and garages should counted, but rather
it all started out in the conversation as you may recall, so that there would be
an incentive in this tropical Miami of our different New York for builders to
take the glass windows and move them back. As you recall owens-merrill wanted.....
said that they would rather do that, but that their... they had a hard enough
time convincing their principles of doing that, but that it was going to be
counted against them on FAR there is no way they could do that.
Mr. Traurig: The reason I didn't address that, Mr. Mayor, is this. The staff
has already indicated to us through a staff memorandum that they agree with our
interpretation, that we could do that.
Mayor Ferre: So, in other words, that's been worked out?
Mr. Traurig: We would like to have that explicit in the ordinance, but since
we are now going into this new critique of the ordinance through this Ad Hoc
Committee we can deal with that if it's an appropriate thing at that time.
Mayor Ferre: Ok. Now, I just want to tell you on the record as far as I'm
concerned, I don't frankly think there is a heck of a lot of big difference
about these truck bays and if you have a phase development where portions are
being developed, I don't think as long as you can conclusively prove and as long
as there is some kind of a bond procedure where they can bond out and say that
they will build these next three truck phases when they build the next part of
the building. I don't have any problem with that. I think that, frankly that's
a minor thing. That's not a major thing. With regards to this floor area and
this question of using shafts, garages and equipment rooms and not counting them
in the FAR, I think we are just... you are stretching and you know,... Hey,
if you want an increased FAR let's go for an increased FAR. Let's not get into
these gimmicky things to say well yes, but we are not going to count the
equipment room and that gives you .003 more or the shaft gives you, you know,
come on. Let's not get on all these little gimmicky things and let's... I think
the two main issues are increased density and what do we do about these damn
parking blocks that are monstrosities that if we can get away from Brickell
Avenue. And the third issue really is the question of residential. Is it
reasonable to expect residential on Brickell Avenue. Is Brickell Avenue going
to be 5th Avenue or is it going to be Park Avenue or is it going to be a
combination or... how do we approach the whole question? Do we try to encourage
residential or all... and Jack and Jim, I want you to listen to this in
particular. Are all... is it... you know, if you look at the history of the
City of Miami zoning and I go back to the days where David Kennedy was called
the prince of zoning variances and Bob High was subject to all kinds of
investigations and the Grand Jury was talking to Steve Clark and all that kind
of stuff, you know. I mean,... and J. L., I haven't seen... I have seen it.
I remember when the Miami Herald attacked Steve Clark in the accusation and then
he had to go down to the Grand Jury on a particular issue. I mean, you know,
a lot of people don't remember that, but I remember because I was here. Ok.
,,nd all I'm saying is and I'm going to ask Mr. Cooper in a moment, ok, that this
is not a unique experience to Miami because New York has been through this a
hundred times and you all remember what's happened here in Miami and what's
going to happen and what's happened in the past twenty-five and that's how far
my memory goes on these things is what's happened in the past twenty-five was
that these things become plateaus and then they become the springboard for the
next and so if you say we are going to go to as you had in your map there, now,
--- _ .gl ... _. _ 144 MAY 31 1M
ok we are going to do this and we are going to give a .75 bonus two or three
years will go by there will be another Commission here, nobody will remember
this discussion, because even the Miami Herald forgets all these things...
Mr. Luft: I will be here to remind them.
Mayor Ferre: Well, you may or may not be around and I may or may not be around.
The probability is that ten years from now none of us are going to be around
there will be some other Commission. And then there will be... and Traurig
won't be around either, but then Al Cardenas will be here. Ok. And Al Cardenas
will come here, he will be the new Bob Traurig and he is going to come up before
this Commission and he is going to say gentlemen we are not asking for very much,
you know, frankly, we already got 3.75 and that bonus of .75 doesn't mean anything,
because the fact is we can... see the department doesn't mind having that bulk and
why don't we just transfer that .75 that you now added to housing. The point
Jack, is you know, I don't care... the Miami Herald can huff and they can puff
and they can blow their hearts out. Ok. But they are not going to knock down the
house, because the fact is that as long as we live in a free society where the
free enterprise system does work and they can use my words and transfer them
around and ridicule and say all types of things that's fine, but that doesn't
change the reality of it you know. They can call David Kennedy the prince of
zoning and they can attack Steve Clark and they can attack Bob High and they
can attack me and they can attack anybody and everybody and they do, but that
doesn't stop anything does it? And the world continues and things happen and
New York has rewritten its zoning umpteen hundred times, because every time Mr....
There is always a new Mr. Trump. Mr. Trump comes along and they say oh, God
we are not going to do that area. Sure enough its done and there is the Trump
Building and ten years from now the Trump Building is going to be duplicated and
triplicated and somebody is going to put up and Mr. Boehm is going to say
windows of the world and this and that and they are going to lobby and do something
else and the next thing you know is you have another multi -million dollar program
down at the Bowery or down at the tip of New York or in the middle the... the
only thing that for some strange reason has been sacrosanct in New York is the
park and even that hasn't been too sacrosanct, you know it's the only thing
th-,t's been saved. But for these people, these hypocrites who come around
and say oh, naughty, naughty and isn't it terrible and they don't realize that
the fact is that other than in few places like Paris or Brussels... not Brussels,
I'm sorry. A small village in Belgium... Well, anyway most cities have changed
and they changed dramatically and some of them unfortunately to the worst. I
think for sure that big building in is one of the most horrible
things that's ever happened to a major city anywhere in the world. It was a
travesty. But the fact is that we can't claim that Miami is a Paris, I'm sorry
and I am sorry for Arva Park, but those little Flagler huts that were built for
the people that built the railroad simply do not compare with the big cities
of the world and Miami was designed as a dinky little second rate--- third
rate, I stand corrected, third rate town, because the engineers for Henry Flagler
when they came here laid out the city in three months flat and that railroad
was pulling up a year later and that's why we are stucked with a Flagler Street
that is ninety feet wide. There is no other major city any -where in the world,
not the United States, any where in the world that has it's main street that's
ninety feet wide, none. And the reason is that people didn't think in terms of
what Miami was going to be Henry Flagler and those engineers... and those little
engineers that came down here were thinking of some little dinky cow town, they
never imagine in their wildest dreams that Miami would ever be a city. They
thought it was going to be some little small place at the end of a railroad
line and so they made a mistake and so I think the point in all this counselor,
getting back to you is I think we need to deal with the main issues and the main
issues are why should the density of Brickell Avenue be one, two. Should there
be bonuses for residential or is that just foolishness because it's never going
to be a residential street anyway. And three, what do we do about the parking?
Those are the issues.
Mr. Traurig: I would like Mr. Ccoper to address you and then I would like to
come back and address that issue about the off site residential.
Mr. Cooper: I have heard and learned a lot this evening, so I will try to be
on a number of the subjects. By the way, New York has changed its zoning
ordinance seventeen hundred thirty times between 1960 and...
Mr. Plummer; That's in the last thirty days.
Mr. Cooper: No, 1960 and 1979. So,...
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145 MAY 31 1983
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Mayor Ferre: Wait a minute, are you serious? Or is this a joke?
Mr. Cooper: Yes. Oh, no. No, that's the real number and that was the motivation
for a new ordinance last year who's main objective was to make development as
of right as opposed to discretionary and to eliminate discretion of the City
Planning Commission and take away reviews and everything as a right because
there have been so many changes over time.
Mr. Carollo: A thousand seven hundred thirty times?
Ms. Cooper: Yes, that many amendments to the 1961 ordinance.
Mr. Carollo: Oh, amendments.
Mayor Ferre: These are not violations?
Mr. Cooper: Oh, no, these are the number of times the ordinance as adopted
in 1961 had been changed between 1961 and 1979.
Mayor Ferre: Mr. Cooper, do you know of any major american city from Seattle
to Boston and from Boston to Houston, Texas where the pattern has not been
more or less the same?
Mr. Cooper: I think that's basically true. Chicago has kept its ordinance
about six pages and they operate in another dimension, but basically I think
most cities that's true, those zoning changes move around a lot. Some of the
things that I want to say this evening, I think Mr. Luft's comments have been
very helpful especially based the session from two week ago. So, I will try to
compress some things.
Mr. Plummer: Sir?
Mr. Cooper: Yes.
Mr. Plummer: And this is not to insult you or Mr. Traurig, it's to remind everybody
present that at 9 o'clock we are walking out the door. I just want to remind
everybody that.
Mr. Cooper: I think you should know I do come with a mind set and it is that
development is desirable and that development should be maximized for the public
benefit and I think that's what most of the discussion is this evening. I
have reviewed the ordinance and I should state at the outset that I think all
of the purposes in the ordinance with regard to Brickell are something that
are very easy to identify with. The gateway to Downtown, mixed use, special
district promote transit, promote the waterfront for the public. I think
all of those objectives are highly desirable and I just think our arguement
might be over the way to get there. I will speak to the three items. First
the floor area question, the density question, but I do also want to mention
for a minute this question of definition and what's included and what isn't,
because there are some bazaar things in there to talk about and then remote
parking especially as it links to some of the planning that was discussed by
Mr. Luft. I think the first question is this word "character" which is the
toughest one for people in zoning and planning to deal with and what is the
charater of Brickell. And may be if there is any legitimacy to my being here
is that I can look at Brickell in a way that I don't live with it everyday. I
know it, but I see certain things. It's obviously, extraordinarily visible and
prominent and desirable. It has the gracious wide street that is not ninety
feet. It has enormous landscaping which helps it's character immensely and
I think the other important thing is that you can see the water and it's adjacent
to the water and I think that's potentially what might be unique about Brickell
Avenue, but it's also clear what it isn't. It's not a mixed use street. There
are no pedestrians on it. I don't see the amenities that were mentioned before
as being on Brickell Avenue and I don't see it being used as a public street.
That's not visible to someone who passes it, yet it is a very Charismatic name
and it's a street that is becoming extremely desirable. It can obviously become
--- -F *'-- great places not only in Miami, but as its gateway to Downtown it
can be very different from Michigan Avenue or Peach Tree or Fifth or any of those
because it is adjacent to the water and it's in this climate which should lead
to the response to make Brickell something extraordinarily special. Now, in
reading the proposals in the zoning I think the only question is how do you get
to a district that will be a legitimate mixed use district? And my problem with
146 MAY 311983
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the ordinance as it was adopted or it was suggested was the attempt to try to
make every project a mixed use project and I think the project focus is not
the was you achieve a mixed use district. In many ways Brickell as a district
is mixed use right now. There are hotels. There are residential. There are
office. And the question is do you try to put all those on one piece of ground
and in one project? And I think basically that's an unnatural thing to try to
do. Some have achieved it and I think are notable because they have managed
to achieve it, but there are certain natural selections like office with retail
or office with hotel or even residential with a hotel, but as soon as you try
to put a office with residential on the same site and San Francisco has found
this out, it gets incredibly difficult just as a practical matter. The needs
for offices are access and business services and certain kinds of activity in the
day time and yet the needs for residents are just the opposition. A good
residential district will be quiet. It needs different kinds of services. It
wants views and it needs an ambience that's very different from an office building
activity and certainly from the parking garages that are now slapped onto the
office buildings on Brickell. So that as a further practical matter, it's a
very complex thing to try to pull off. I mean, the structural and mechanical
systems, different bay sizes, the financing is very different and frankly, most
people who know how to build office buildings don't know how to build residential,
those are two different kinds of developers. And when you make that shot gun
marriage that's why many of them don't happen because they just get delayed and
delayed trying to learn how to do them. So that I think what it's building in
is a pretty massive complexity trying to build on a site by site basis. On the
other hand in terms of thinking of the Brickell corridor and I think the district
boundary that's been drafted is absolutely perfect, because it deals with the whole
district. If one thinks of it on a district basis you can basically come out
with a formulation that concentrates the offices on Brickell and absorbs all the
demand and take the heat off the bay sites. You can promote residential east and
west of Brickell, provide the public places along Brickell and you mandate the
retail uses and the public open space and the activities and the landscaping
that do reinforce the character of Brickell. So that I think the fundamental
question comes down to the one that was really on the table that everybody was
talking about, what is best for the character of Brickell and I think if Brickell
is to become Downtown and it's certainly on the way to be there, you are looking
for a street that can be public, that can be active, that can be commercial and
can be pedestrian. And right now Brickell for all of its landscaping is a
corridor which you drive through and you do not stop there and there are no
reasons to be there. So, it's a very pretty highway, but that's what it is.
It is not a viable commercial Downtown street. So that in summary, just quickly,
I think the goals are correct. I think the density, frankly, Mr. Mayor, I come
out where you do. When you look at downtowns your own is thirty, Dallas is
twenty, New York is eighteen point six and twenty-one point six. These are
big numbers to get the kinds of Downtown activity you need. I'm not convinced
even at 3.75 or 4 in a fraction you are going to be able to get the intensity
that you need to make a legitimate street out of Brickell. But clearly what it
does need is a plan and I think Mr. Luft's directions here in terms of transportation
are certainly the essential components of that plan to deal with the traffic,
but I think you need more of a plan. I think you have to plan you open space the
same way. I think the setbacks have to be planned so that the setbacks are very
different on a street that you identify as leading to the waterfront, than it
would be on a street that doesn't go to the waterfront. I think the city itself
should take the initiative and design that waterfront the way it wants it and
then tell the developers what they must do to make that happen. So that I think
the planning, you know, has to go a pretty long way to really lay out the Brickell
district that you want. But I do resist enormously trying to put all those
things on one little piece of ground. There are two other items I just want to
mention quickly on the floor area question on definitions. I think there are
just two items there and this is the issue of whether you count mechanical space
as part of your floor area. The first is the design issue and that's apparently
resolved, where you take away an architect's and a developer's flexibility to
respond especially in this climate the way it has to be responded to. The
second is a practical concern though that I think is important. If you include
for instance, mechanical space in counting up the size of an office building
that's roughly any where between six or eight percent. Well, among other things
you are then adding to the floor area on which the parking counts. So that
:,f the fiction that this is usable space on a five hundred thousand foot office
building you are adding any where between fifty and seventy parking spaces
for the mechanical equipment and I just think as a practical matter that is
throwing yet more parking in where you may not not want it and don't need it and
have to deal with it.
Mayor Ferre: How do they do it in other cities? New York and...
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Mr. Cooper: It is interesting. Most other cities ... it started,
tape18 zoning started by mandating off street parking without a limit on the top, just
to get the cars off the street. What has been happening in the last eight to
ten years are putting caps on the amount of parking that you can put on your
site, which I think Jack was starting to talk to, of the limitation of parking.
In fact, we are working in town right now where the City is limiting to one
story high of parking decks. Otherwise, you must put your parking remote.
Cities with hefty mass transit systems are more fortunate. They are just not
allowing you to put parking on it, so where the public side has been coming
out in zoning ordinances more recently, or more and more limits on parking,
rather than the other direction, because of the problems.
Mayor Ferre: We are behind time on that.
Mr. Cooper: Well, maybe, and maybe not. Only, you may not be far
behind in terms of the kinds of things Jack is talking about. With the transit
coming in and with possible people movers systems, that all links, you know,
and that is the only time when it...I mean, the market demand for the cars
are there. Until that changes, then you put the caps on and that limits it.
Interestingly, in terms of whether you include this mechanical space, there
is one other point as a practical matter. By including it, you are then
saying to a developer, we are going to count this basically against you, be-
cause he wants he wants his most amount of Florida area. His direction, there-
fore to the mechanical engineer becomes "Put in the smallest unit you can find.
I don't care whether it is the most efficient, rather it really works in this
climate - whatever takes up the least floor space", then becomes the mechanical
system you get, and that might not be ultimately what you want for a class
office building in the City. There might be other more creative ways of deal-
ing with energy then forcing just the smallest unit. Interestingly, in terms
of other cities, it varies all over the lot. For instance, Philadelphia,
Atlanta, Atlantic City all include it. Everything is included. New York,
Boston, San Francisco, don't include it. Phoenix just says take a 20% deduc-
tion, so no City knows what it is doing about it and I think it is just a
very practical judgment that is basically related to the climate that you are
in. The last point I want to mention is the offstreet parking and loading and —
I think it links exactly to what Jack presented before. Clearly, the idea of
removing the parking from the site, I think is highly desirable to get less
traffic movements. The problem clearly is east of Brickell and not west of
Brickell and the number of movements you can reduce crossing Brickell is the
issue. To the extent that remote parking helps that, I think it helps the
whole sense of Brickell and what it might become. I don't know why a limita-
tion of only 15% going remote - I don't see any reason why more couldn't go
remote and still have a sensible plan. Before Mr. Traurig comes back, I
do want mention one or two things just about San Francisco, which might be of
particular interest to not only the Commission, but to the City Manager and to
the City Attorney, because it is a very volatile situation, the remote housing
units in San Francisco. I have worked on two projects there in the last six
months and I have spent a lot of time with Dean about how it is
working out. Jack's numbers are very accurate. It is interesting among those
numbers that what is happened now is that most of the developers instead of
providing housing, which they started to do when they went out and started to
look for units to rehabilitate, are now just saying "That is really beyond us"
and they are putting money into a fund to let the City do this, so there is
an immense amount of money building up in the fund and the developers aren't
participating at all, and the reason they are not, and this is why the issue
is caught up in litigation in San Francisco right now, but there are a couple
of very practical problems with trying to do housing this way. I will just
mention them, but I think creative people can solve them. First is that
a developer who is building an office building can't finance it. He cannot
mortgage whatever expense that he puts into the housing component of his
development, because a bank that is lending money really doesn't want to mort-
gage that housing investment. Second problem, and the thing that brought on
the lawsuit in San Francisco is that the housing is basically being treated
a!rnst as a tax, and that is a real problem, because the developers are not
investing, they are just paying money. It is like buying in zoning and the
problem is that the real effect of it has been to drive up the commercial
rent for those developers who have paid it. I think the third problem is
something that really has to be brought under control if you are going to
consider something like that, is a word that Jack mentioned is very critical -
affordable housing. The project that I was working on and you mentioned was
an expansion of embarkadero Center in San Francisco. The fitures that came
148 MAY 3 11983
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out with was that it would require $1661 per apartment to amortize it. The
City wrote no restriction on the rent when they wrote their housing component
so that if that is to be considered, that would be different from San Fran-
cisco, it would have to be plugged in in some way. But all of those complex-
ities with it, they are under the cloud of the lawsuit right now, which
basically goes to the taxing side. They tried a transportation fund in the
same way, but the City did retract that because that one was very legally
exposed. But in the meantime, the developers are paying the housing price
while the lawsuit and the litigation continues, so I thank you for your
time; I hope I didn't run too far over.
Mr. Luft: You understand you are talking about an incentive as opposed to a
requirement. That is the difference.
Mr. Cooper: Yes, I do.
Mayor Ferre: Let me, if I may counselor, and I hate to take up part of your
valuable time, but I do want to make some comments which I think are germane.
Perhaps I can put it this way. I am trying to remember the name of a book
that I read about ten or fifteen years ago, that is talking about the impor-
tance, and it dealt with Elizabethan times and the process of how Parliament
and the King and power developed in England. The whole thrust of it was
that there was a change throughout the whole process. The King or the Queen
really represents the little guy, and Parliament came really as a continuation
of a baronial medieval system, and the oppressors were the barons and the guys
that owned these feudal that oppressed the little guys. And the whole thrust
of the thing was that in modern government and the way that the American and
English democracy developed, there was a division between the power of what
the Chief of Government did and what the Chief of State did. In the United
States, they in effect became one. Our President is both Chief of State and
Chief of Government, unlike, for example, the European Parliament governments
where there is a division. You see it clearly in the newspapers with what is
going on in Spain in the last couple of weeks with the King and the President.
We don't have that in this country. The great presidents of America, in my
opinion, have set themselves in their pattern of history, because they really
acted more as heads of states than they acted as heads of government, okay?
The reason why Jack Kennedy, who is frankly, a lousy head of government, ended
up being such a great hero in the pages and annals of history is because he
acted as if he were a Head of State... and he was! And he projected the imagery.
So, with those of us who serve in government in the role of Mayor, whether it
be New York or...are in effect, cast into these many positions. I am not saying
that I am a king of a head of state, or anything like Jack Kennedy. I am saying
that the most important role that the Mayor of City of Miami, or the Mayor of
Chicago, Boston, San Francisco, or Cincinnati has is to really deal not in
those specific areas that a head of government deals in, but to try to be states-
men, to try to function as those who function in government, as people who had
vision or were visionaries of things. One has to resist in this role. It is
a very difficult temptation of succumbing to pressure by the pressures that
exist in that particular mode of government. In this town, it is not easy.
I well remember, (God rest his soul) Mitchell Wolfson, who is one of the few
men in this town, who over the past twenty-five years had the courage to stand
up to these forces. If it had not been for Mitchell Wolfson, we would not have
a seaport today. Everybody in the Chamber of Commerce lowered their head,
bowed to theliami Herald, succumbed, reversed their positions, and didn't push
for the seaport. There was one man who stood up and for that, Don Shoemaker
wrote one of the nastiest editorials that the Miami Herald ever wrote, and the
end of it was not everything in the world must be pink, sir. Now, fortunately...
fortunately, Mitchell Wolfson stood up and fortunately, the powers of government
in those days did not follow the vicious attack of the Miami Herald editorials,
and went forward anyway. Today, of course, we never hear about this terrible,
horrible monstrosity that government is going to perpetrate on Miami, which is
to build a seaport. Now, everybody is happy and pleased with the seaport. We
have had the same kind of patterns over the years, because you see ... and I say
this with all due respects, but the people who determine those policies there
are looking at things in the immediate constraints in the small of frame of
time and in the small frame of their personal knowledge, which is frankly
unfortunately very limited. I am not saying that growing up in Winston Salem
isn't good, and I am not saying that going to the University of North Carolina
School of Journalism isn't good, and I am not saying that this doesn't give
one other depths, but it certainly does not prepare a person to deal with a Miami
of the 1980's and 183. Now, I can't think of a more important subject that we
have talked about than the one we are talking about right now. For a while,
ld 149 MAY 31 1983
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Ken Triester and I ... and I was taken by what Ken Triester was saying to me,
because I had gone to Barcelona last year, and that is why it is important
to travel and see these things, and Triester was telling me, "You know, Ferre,
what we have got to do is we have got to do like Barcelona - we have got to
have the little shop at the bottom and the wealthy guy that lives in the nice, —
big, fat apartment in the middle, and the guy that pays the little rent up in
the top - mix them all together". And that is great fun, and you know, you
go to Barcelona - super city! What a city. But you know what? I forget, and
while listening to Mr. Cooper, it dawned on me why there was something that
didn't fit. The difference is, Barcelona ... he is talking about the Rambla
section of Barcelona, okay? When little en,;ineer that came down here for Mr.
Flagler from South Georgia, who of was thinking of making the smallest little
streets and the smallest low fountains and no this and no nothing, and every-
thing cheap, okay? Cheap! Cheap! Cheap! Build as cheap as you can and it is
small and it is crampy and it is little and it is as little imaginative as
possible. You know, in 1870 and 1880 in Barcelona, the developers of Barcelona
were thinking of the Ramblas. And the Ramblas, of course, are 120 feet wide,
the boulevards and each intersection has a fountain and everything is just
unbelievable! The problem is, that what Ken Triester is talking about may be
doable in Coconut Grove, but it isn't doable in downtown Miami, or Brickell,
because what he is talking about in Barcelona, and duplicating that here is
five story high buildings! Now, you can do that, you can duplicate Barcelona
when you go to five story modules or a small module like we want to do in Coco-
nut Grove, but I don't think you can do it if you go to twenty story buildings,
you see. And you gave me a list here, and you know, while he was talking, I
made... thank God circumstances allowed, one, the education, and I studied
architecture and followed it.... two, to be a developer of sorts, that I have
been and three, to travel a lot. And so, I have been to these places. I know
what Cambridge Center looks like. I know what Charles Center looks like in
Baltimore. I have been to Charles River Park in Boston. I have been to Colony
Square in Atlanta. In fact, I was there a couple of months ago. I know Copely
Plaza. I know Crown Center in Kansas City. That is where the 1972 Democratic
Party Convention was. I stayed there. I have been to Crystal City in Arlington,
Virginia. I know Georgetown Park in Washington. I have been to Harvard Square
in San Diego. I have been to Illinois Center in Chicago. I stayed in the Olympic
Tower two weeks ago. I was there for a week and I was there for three days. I
been to Palmer Square in Princeton recently. I have been to Pentagon City in
Arlington, which is Washington; Prudential Center up in Boston, the Galleria in
New York, okay? Watergate - I know Watergate very well. I stay in that hotel
a lot. I want to tell you, they are all monstrosities. All of them! None
of them really work. There is not one of those projects, the Galleria, the
Olympic Tower, Copely Plaza Center, Charles Center, the Prudential Center in
Boston, the mixed uses in Houston - they don't work! None of them work. They
are all either economic failures, architectural failures, or they don't function.
Now, the question, therefore is... and I think we are coming on something here,
because I think what we need to do is keep a residential factor somewhere in
Brickell Avenue and somewhere in downtown and I think you hit on something
that is extremely important. I also think that Mr. Cooper has hit on something
which is important too, and that is, it isn't going to work, fellows. It isn't
going to work if it hasn't worked anywhere here. And it isn't going to work
in Miami - no different. So, I think what we need to do, in my opinion, is
find a way in which we can have housing in the downtown area and give a big
incentive and a bonus, but not necessarily in that particular project itself.
I don't mind giving a bonus for housing, but I think you have to be ... but, on
the other hand, I think you are right, that we may have to limit it. We may
have to say, "If these people are going to work on Brickell Avenue, then we
should give them opportunities to live somewhere within a reasonable distance,
and by reasonable on Brickell Avenue, to me frankly, I think is to the express-
way, and from the bay to the expressway, from 15th to the river, or in the
downtown core area or in the Omni area, including Overtown, by the way. I
think perhaps you should throw that in so that there is a multiple opportunity
type of a thing. Now, with regards to the F.A.R., I again agree with Mr.
Cooper. Downtown deals with fifteen and eighteen and twenty F.A.R.'s. I
frankly don't know what all this hullabaloo is about going from 3.5 to 7, or
4 or 3. That's nothing! Absolutely nothing. I am sorry, I may have a different
vision. I do not see Brickell Avenue...and I want to tell you about Brickell
Avenue! In 1948, Mr. Plummer, I would commend that you look into the yearbook
of Miss Harris' School, and there on the back pages in good ole•Mi-am-muh, you
will see Maurice Ferre with... Mercedes wasn't in school yet ... my wife was a
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graduate from Ms. Harris' School, so...
Mr. Plummer: Yes, but Mr. Mayor, you were in the yearbook in a dress!
Mayor Ferre: Yes, but look at how things have changed!
Mr. Plummer: There are some that would question that! (LAUGHTER)
Mayor Ferre: Well, okay. I would just conclude by saying this. One, I
don't think we care whether we go to ... if you insist on having the garage,
the shafts and the equipment room under the F.A.R. - do you think that is
important? I will support you.
Mr. Luft: Let me draw a distinction. We have said that if it is in the
principal use building, the office tower, then it all should be counted. If
it is in the parking garage, elevators for the garage, stairwells for the
garage, don't count it.
Mayor Ferre: I support you on that, Jack.
Mr. Luft: It is a simple straight forward proposition.
Mayor Ferre: You have got me on that because I think that frankly is a major
issue. Now, with regards to the question of parking and off street parking,
15% is a reasonable figure. I don't have any problems with that, if however,
they provide a whole bunch of amenities to go with it, like, access and trans-
portation, and all of the other stuff...and that I have no problems with. Now,
with regards, as I said before, to the truck bay, I again don't have any problems.
I think that is a minor thing. What you are talking about, what we are down
to, in my opinion is two things. Number one, F.A.R. ratios - that is density.
Number two, how do we deal with housing, and in my opinion, I think that the
way we ought to deal with housing, is we ought to insist that they provide
housing and think we ought to give them a bonus. You can't force them to do
it, but I don't mind the bonus, but I think the housing should be not neces-
sarily right on that particular piece of property, as long as again, it is
within a reasonable distance, and the second thing with regards to F.A.R., I
frankly don't care. I really don't. I don't think it makes a bit of difference
whether it is 3.7 or 4.5 or whatever it is, because, eventually, circumstances,
the marketplace, the pressures of times ... you know damn well if it isn't this
Mayor, this Commission, it will be the next Mayor, the next Commission and
they are going to be subject to the same pressures that the past Mayors and
Commissioners were, and these things are going to happen whether it is in New
York or Boston or Philadelphia or Cincinnati, zoning has changed 1,786 times
since 1961 in New York!
Mr. Luft: Mr. Mayor, may I make one comment on that.
Mayor Ferre: Yes.
Mr. Luft: My only comment is simply this. When Mr. Traurig was approached
considering a ... we discussed this. His response was "Well, if I can get an
F.A.R. of 4, and then a bonus on top of that, that is fine for the off site
residential, but if I have to do the off site residential to get the 4, that
is not okay". You are right, maybe the F.A.R.'s in ten years will be 7, 8
or 10. We are saying right now in 1983...
Mayor Ferre: Or 15 or 20!
Mr. Luft: Or 15 or 20, or 50. Who knows? I am saying right now in 1983,
Mr. Mayor, the market demands the development on Brickell is about a 4, okay?
And if you get them there, that is all they want, that is all they need, and
your bonuses, if they go beyond that, are really paper bonuses - they are not
going to be used, okay? So, what we are trying to do, is at this point in
ti-e in 1983 and for the forseeable market future, we are trying to give you,
the Commission, a responsible package of F.A.R. incentives that will allow
them the bulk, the package, the office that they are seeking, but will gain
Luc she City of Miami, the private sector participation in sharing these
burdens to accomplish these purposes. There is a reason why they would take
these bonuses in this package, and we think it is fair.
Mayor Ferre: Sounds good to me. Go ahead, Bob.
151 t��3
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Mr. Traurig: I would like to respond to some of these things, but two people
have taken time to come here to address you very briefly, who you know - whom
the Commission knows well. I think that I would be doing a disservice to them
if I didn't Rive them the opportunity to address you ever so briefly. I would
like to call on Mr. Al Cardenas and Senator Bob McKnight, both of whom have
interest in the Brickell area, or represent parties who have interest in the
Brickell area and would like merely to make a brief statement to you and then
I would like to capsulize our position with regard to the housing issue. I
think it is important.
Mayor Ferre: Go ahead.
Mr. Al Cardenas: Thank you, Bob, Mr. Mayor and members of the Commission. The
whole issue that we are discussing here, and I think most of you have said just
about everything, is the whole issue, as far as I am concerned is, what is the
highest and best use from a public sector point of view of Brickell from the
bridge to 15th Road. Taking a very, very practical point of view about this
thing, and forgetting about the beauty, or the esthetics of the works, the
issues are no longer height, bulk, density, etcetera. You have already dis-
cussed that and you have come up with two systems. One, the one provided by
the City, which gives you F.A.R. of 3.75 plus bonuses, including of course,
1.5 for residential and Bob's suggestion that forget the distinction between
residential and office. Let's make it office, because that is what it should
be. Well, let me tell you as far as the developers are concerned, what the
issue really is. I haven't yet met one developer, and there aren't that many
Brickell sites left, who are willing to say - "You know, if Bob Traurig's
amendment is defeated, I am going to grit my teeth and I am going to go with
3.75 F.A.R., which will include 1.5 residential. There is not one developer
in that stretch that I know of in that stretch between the bridge and 15th
Road, who has not put one square foot of residential in those properties -
at least the ones I know now who own property there. So, speaking from a
very, very practical point of view, these developers are not going to bother
with a D.R.I. qualification, and with your residential, because financially it
doesn't make sense to them, it doesn't make sense to the lenders and the
financing package is not just there. So, the property values are not going
to rise; they are going to maintain their 2.25 office, and
or they are going to come up with 3.75 office requirement, made Brickell
what it is. That is why I think it is so important, Mayor, that we concentrate
our thoughts on this. The practicalities of the thought are, is it better for
Brickell to have 2.25 office F.A.R., or is it better for Brickell to have
3.75 office F.A.R.? I will tell you right now, as far as I am concerned,
there is no way, and I agree with Mr. Cooper that you can provide bonuses,
that you can provide ambiance, that you could do anything to make that
Brickell Avenue from the bridge to 15th Road a residential community. It just
is not there - it is not practical, and you know, Brickell Avenue prices being
what they are, there are just no dummies left in the development world. I
believe the folks I have spoken to know what they are doing, and I believe
that they do and they purchase these sites. They just are not going to build
residential there, and you can't put a gun to their heads with an F.A.R.
bonus broker. I strongly endorse the 3.75 concept for one reason, and I think
in a roundabout way, Jack Luft brought it out today, but I think this mechanism
is the wrong mechanism. There is no doubt in my mind - I agree with you Mayor,
during the next decade and two decades, Miami's density is going to soar up.
There is only one way this City can go, and that is up. Now, for the time
being, examining Brickell, you are going to make a very costly mistake if
you keep this office F.A.R. at 2.25. Your pressure for office space is going
to make it go westward, where it makes more sense to have those areas resi-
dential; you are going to decrease your potential tax bas unnecessarily to
provide for needed public services and I think the only one issue that remains
hanging was the issue of transportation and I think Bob's proposal of the off
site parking requirements meets that criteria and meets it well, especially
the expounded boundaries of these off site parking locations. There is no
doubt in my mind that you are going to need that office space in the future
and to conclude, I think, by necessity, just about an extended tax base
necessity, municipal revenues necessity, and as far as the best and highest
of rt,at property, you ought to go with an office and you ought to go
3.75. There is just not going to be any residential development in that
area, regardless of what we do with bonuses. Thank you very much.
Mayor Ferre: All right, Mr. McKnight.
ld 152 MAY 3 11983
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Senator Bob McKnight: Thank you, Mr. Mayor, members of the Commission, and
thank you, Bob Traurig, for allowing me to make a comment or two. I am
associated with Planned Development Corporation. Our company is a property
owner - has been for a long time in the Brickell area, particularly in the
1400 block of Brickell Avenue. Mr. Mayor, Commissioners, I have two brief
comments, both of which Mr. Reid and Mr. Luft were kind enough to come up to
me when I came to the Commission meeting this evening and shared with me
generally the contents of this proposal. My first concern, frankly, is the
one, Mr. Mayor, I believe you raised and that was - it wasn't quite clear
from Mr. Luft's fine presentation, exactly how these transporation requirements
are going to tie in to any kind of action taken by the Commission tonight, or
on a subsequent day. As I have indicated to the Planning Staff, we ultimately
plan to develop our site, hopefully as a commercial high-rise development and
we stand ready to cooperate with the Commission, ultimately if the Downtown
Development Authority moves down into Brickell, Metropolitan Planning Organi-
zation, D.O.T. and others ... we only want to point out that some of the trans-
poration problems that Mr. Luft has identified here are clearly more acute
at the other end of Brickell Avenue, around the 7th and 8th Street area, the
bridge, and otherwise, than they are in our area, so we would only like to make
it clear at the outset, that Mr. Mayor,'as you pointed out, if there is going
to be any kind of a relationship in terms of the transportation study, that it
in fact be a study, there be citizen involvement, perhaps an alternative might
be the Manager has just appointed the new 9500 Committee, with myself being a
single exception, it is a very qualified committee. Maybe that...
Mayor Ferre: What committee?
Sen. McKnight: The technical committee of advice to Ordinance 9500....
Mayor Ferre: Oh, I see.
. Sen. McKnight:.... which is the Brickell Zoning Ordinance. We had our first
meeting last week, so perhaps that is an alternative. The second point I was
going to make, Mr. Mayor, and members of the Commission - again, I was caught,
what unaware of the proposal Mr. Luft has submitted with regard to either
on site housing or off site housing as a bonus. You pointed out the success
of San Francisco. I am again struggling with what this might mean. I think
there certainly could be some support for this, but again Mr. Mayor and
Commissioners, you might want to refer this to your 9500 Committee, because
again, that is somewhat technical in nature, and give you a change to
evaluate....
Mayor Ferre: Let me interrupt, because this is a very key point and I forgot
to mention it before. Jack, when Triester and I talked about this, and we
met at Dan Paul's office about this and I think I called you about it about
eight, nine, ten months ago - maybe a year, and I found out - I subsequently
called somebody, I forget who, and I found out that in San Francisco, this
whole thing was a disaster, and as a matter of fact...
Mr. Luft: Not as of yesterday, it wasn't.
Mayor Ferre: Well, that is why I wanted to question you on it. I think you ought to
make sure,because I understand that the San Francisco law which has now been in effect
two and one-half, three years has virtually stopped the construction of office
buildings in the areas where it has been applied. Now, I don't know if that
is a true statement or not. Would you verify that and get the actual con-
struction figures for me?
Mr. Luft: Yes, I will get that for you.
Mayor Ferre: Thank you. I am sorry, Senator.
Sen. McKnight: That is okay, Mr. Mayor. That is somewhat...
. Luft: Again, Mr. Mayor, that was a mandatory requirement in San Francisco.
We are talking about a bonus here, okay?
Mayor Ferre: I know, and we may be doing the same thing here.
153
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Sen. McKnight: That is a very important delineation, but that was the point.
Again, I am sorry that I wasn't as familiar perhaps as I should have been.
Again, whether this committee that is in effect, I don't even know if that is
the logical jurisdiction. I think the City Attorney, in the last meeting,
bringing the perimeters of that task force, or that committee, but in any
event, we would just urge public input and cooperation. Thank vou.
Mayor Ferre: Thank you, Senator.
Mr. Traurig: I am going to finish up in 30 seconds.
Mayor Ferre: That is about what you got!
Mr. Traurig: Mr. Luft said the City could live with a 4. The question is,
how do you achieve it? We therefore would suggest here that you approve the
date now and we discuss this question of housing bonus later on. The social
benefits and the social purposes are laudable, and should be explored, but it
is a new concept. There are, I am sure, going to be legal issues relating
to impact fees, etc. I think that this Commission or the City Attorney can
deal with that today. It is an issue that should be referred to the ad hoc
committee that Senator McKnight talked about, along with that whole subject
of transportation system management, which can evolve and be implemented
in the future. It is unrelated to the current issue. We are finished. We
hope you can vote. I know Janet wants to talk, but we would appreciate it if
this Commission would not adjourn until this issue could be disposed of
tonight.
Mayor Ferre: Janet?
Ms. Janet Cooper: Thank you. Janet Cooper, 1901 Brickell Avenue. I actually
live on Brickell Avenue and I have lived on Brickell Avenue for over seven years
now. I was born here in the City of Miami and spent my whole life here, and as
I was growing up here, there wasn't much to do and it was a rinky-dink little
town that mostly was some rich northerners winter playground and there were
things to do in the winter when the northerners came down, but there was not
much going on in Miami at any other time and for the natives. We were kind of
tagalongs in our own city! And that is not a good way to have the City of
Miami and certainly Miami is not going to stay that way. Along with you,
Mr. Mayor, and the rest of the Commissioners, I have a vision of Miami being
a very different place - a very active, involved, interested City with much
going on and much happening and that is going to happen with business and it
is going to happen with arts and entertainment and it is going to happen with
tourism and conventions and with all kinds of different activities and it is
not going to happen with only one type of use on one of the major streets in
the City. It is not going to happen if we have office buildings that are
4. F.A.R. under the new code which is equivalent of somewhere between S
and 7 what we are talking about today. Like we do on Flagler Street, which
closes down at 6:00 o'clock, and nothing happens on that street. A lot of
people ask me why I come down to these Commission meetings. They think it is
a waste of time and I don't think it is a waste of time at all. I have found
this evening particularly especially stimulating and educational and enjoyable
because I have seen the Planning Department come up with very innovative and
creative plans and solutions to a problem and I thank Mr. Traurig for bringing
Mr. Cooper down here, and I have learned a lot from the few moments that he
had the opportunity to speak, but I still don't see happening on Brickell
Avenue what needs to happen on Brickell Avenue to create the image and the
result that you and I and many other people want to happen on Brickell Avenue
and throughout the City of Miami - and that is, a vibrant City where someone
like Mr. Cooper could not come down and say "five years or ten years from now.
There are no people on Brickell Avenue. There is not a mixed use on Brickell
Avenue. There are no amenities on Brickell Avenue." That was his evaluation
of Brickell Avenue today and if you allow only office use to happen on Brickell
Avenue ten years from today Mr. Cooper is going to come down here and tell
you there are no people on Brickell Avenue and there are no amenities on
Brickell Avenue, and I am telling you I am not going to discuss F.A.R.'s because
{s arguing about F.A.R.'s. And I am not going to discuss parking and
everything else. What I am going to tell you is, please do not destroy the
potential that we have for making Brickell at least an eighteen hour street,
where there are people moving around at night, going to restaurants, coming
out of their hotel rooms, going over to the Knight Center for the latest
concerts that is over there or the convention that is in the Convention Center.
154 MAY 311983
Id
Let's create that active center that we have the potential and that was intended
one year ago when we stood here for months and worked on this R.C.B. ordinance.
That was the intent. Now maybe, I am not sure, but maybe, the specific language
of that ordinance will not create what we intended it to create, but the proposal
before you today will certainly obliterate any opportunity to have image, and
I am asking you not to do it.
Mayor Ferre: Janet, I think you have convinced me. I tell you where you con-
vinced me. You convinced me not to vote on this tonight!
Ms. Cooper: Thank you. We need a study of this.
Mayor Ferre: Because, I really... and Counselor, I hate to do this to you,
because I know you have got a lot of clients that are hot to go and design
your buildings and what have you, but I really need to think this over a
little bit more. We need to think this thing over a little bit more. It is
too important a decision for us you...I know we have been dealing with it for
a long time, but I am not ready to vote on it. I want to think about it.
I want to see how we deal with this basic key issue. I want to tell you right
now. I can't speak for anybody but myself, but you have no problems with me
on density. I am just not worried about. it. If you were talking about a
fifteen, or a sixteen, or a ten, then I think you would have a problem with
me, but at the :levels you are talking about, I just not concerned about
density and I am not concerned about traffic problems. I think we can solve
those. I am concerned about this whole question as to residential. Can we
force it? I don't think we can. I think Al Cardenas is right. On the other
hand, I think Janet is right that we have got to try to build...you see, you
know what convinces me? Every day when I drive out of here, what Woody Weiser
has done, you know? And the other day Ken Triester was jumping on Woody
Weiser and criticizing him. So what are you talking about? What the hell have
you done? You have done exactly the same thing. You did it in your office
building right down a block away from you. You put a wall on Bayshore Drive.
You did it over in Yacht Harbor Condominium. You have done it in Mayfair.
What the hell do you do? You put up a wall. You put cops at the main entry
to make sure that the undesirables don't come in, and then you get a fortress!
Tell me frankly, what is the difference between Reinaissance Center in Detroit _
and Mayfair, other than size? So, I don't care how big it is. That doesn't
bother me a bit. What bothers me, and what concerns me is the dehumanizing
aspect that doesn't come just from density, because I will tell you, I just
came back from Mexico City where my wife and I spent the weekend and it is
a dirty, filthy place, but I want to tell you that it is one of the most
enjoyable cities with the hustle and bustle of the great restaurants and the
little stores and this and that, and you get people —you know, New York City
that the Miami Herald seems to have such a big hangup on, doesn't bother me
at all! I love to walk down Fifth Avenue and I love to walk down Forthv-seventh
and Ninety-second and Eighty-first and Seventy-ninth and Madison Avenue and
my dad thinks the greatest thing in the world is to walk down Times Square.
I frankly think it is the most horrible place in the world. He likes it!
I mean, there are people who get turned on by different things, but what I
mean to tell you is, the density is not the sinner. Density is not the culprit.
The reason why Miami has never been consolidated with Metropolitan Dade County
is because (thank God, as Steve Ross says all the time) those people down at
the Herald don't have enough intelligence and common sense to figure out how
to do it! And so, they are always blundering. They are always doing the wrong
thing at the wrong time and the wrong place. Unfortunately, when you apply
it to zoning, they don't understand, you see, because their viewpoint is
Salem, North Carolina, or whatever. And unfortunately, see, the vision isn't
there, so they are always attacking at the wrong place. They don't understand.
They are against something, but they don't understand what they are against...
and what they are really against and what I am against and what Mr. Cooper is
against and what Janet is against and Jack and everybody here is, we are against
the dehumanizing aspect of it and we don't quite know how to deal with it. It
isn't density. That I know. Density doesn't have anything to do with it.
The question is, can we force housing? Are there alternates? What do we do
about parking in these parking garages. How do you get there? What is the
transportation factor. These are the things that we haven't talked about and
I frankly am not ready to vote tonight.
Mr. Luft: I will tell you Mayor, I am glad Mr. Cooper is here because ... and I
will thank Mr. Traurig for making his expertize available because I am going to
be anxious to talk with him because...
155 3 1983
MAY 1
ld
Mayor Ferre: Mr. Cooper, are you leaving tonight, or tomorrow, or when?
Mr. Luft: I will get him on the phone.
Mr. Traurig: He just missed his plane.
Mayor Ferre: Bob, eventually when he comes down here again, I think we ought
to talk a little bit more to him.
Mr. Traurig: We are at your disposal. We are at Staff's disposal. When could
we revisit this?
Mayor Ferre: Continue it to the next meeting.
Mr. Traurig: June 9th?
Mayor Ferre: No, the next Zoning meeting - the 15th.
Ms. Cooper: Excuse me - may I request, could we have an actual committee
formed to study this? This is very important. We need somebody not to do
this piecemeal, so that we don't have reports, not only in the Herald, the
fact isn't that this is being done behind closed doors with nobody known what
is going on. We really need to have a public workshop on this, or a committee.
Mayor Ferre: Janet, let me think about this overnight and I will be happy to
talk to you and I will deal through the Manager. The Manager can deal with
the rest of the Commission. I think we probably will be maybe either using
an existing committee, or forming another committee - workshop.
Mr. Traurig: Mr. Mayor, I have one other question. I have heard you might be
out of town the middle of June.
Mayor Ferre: I will be here on the 15th.
Mr. Traurig: You will be here on the 15th?
Mayor Ferre: Yes.
NOTE FOR THE RECORD: Agenda Items 55, 56, 57, 58 60 and 61 were continued
to the June 15th meeting.
ADJOURNMENT
There being no further business to come before the City Commission,
on motion duly made and seconded, the meeting was adjourned at 9:10 P.M.
MAURICE A. FERRE
Mayor
ANN
ATTEST: RALPH G. ONGIE
City Clerk
Assistant City Clerk
,; j
ld
A
DOCUMENT
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o.FL
It
DEX
ITEM NO DOCUMVIT IDENTIFICATION
1
2
3
4
5
h
7
8
9
10
11
12
13
14
15
ACREEKNT WITH BUS BENCHES COMPANY TO PROVIDE BETS
BENCHES WITH AND WT'I'HOUT ADVERTISING IN THE PUBLIC
RIGHTS OF WAY.
DENYING GRANT OF VARIANCES TO PERMIT CONSTRCCTION OF A
9 STORY OFFICE BUTLDTNC IN 1261 SOUTHWEST 22ND STREET
TO PERMIT AN OPEN PARKINC LOT IN 1 250 S.W. 21 ST 'IERRAC[
APPOINTING OSVALDO A. MORAN-R-IBEAUX ME:MI3ER OF THE
ZONING BOARD.
APPOINTIN(: WILLIAM PERRY .JR. AS MEMBER 01: THE XONING
BOARD.
TO PERMTT CONSTRUCTION OF AN OFFICE BUILDING
CRYSTAL TONER IN 1198 SOUTH BAYSIIORE DRIVE.
AMENDING THE CONTP.ACT wiTE1 SARAN E. EATON FOR
PROFESSIONAL SERVICES TO HTSTORIC PRESENVATION.
CONFIR^IIN SELECTION 017 LILIA SCOTT/MENBI'R OE' THE
AFFIRMATIVE' ACTION BOARD.
PROVIDING FOR AN INCREASE IN THE MEMBERSHIP OF Till:
EAST LITTLE HAVANA AREA TASK FORCE.
AUTHORIZING CITY MANAGER TO EXTEND ALL ENTRANT IMPACT
AID PROGRAM AGREEMENTS FOR PROFESSIONAL JOB TRAINING.
APPOTNIIING FIVE INDIVID.IALS TO THE CITY OF MIAMI
MINORITY PROCUREMENT COMPLIANCE BOARD.
ACCEPT BID OF CRIMINALISTICS, INC.FOR FURNISHING
ONE BO?IB TRANSPORT TRAILER TO POLICE DEPARTMENT.
APPOINTING PATRICIA N. KOLSKI AS MEMBER
OF THE PLANNING ADVISOR" BOARD.
APPOINTING TOMS E. DTI:GO MEMBER OF THE PLANNING
ADVISORY BOARD.
APPOINTING ELADIO ARMESTO--PIF.PIE;FR OF TV(T'
PLANNING ADVISORY BOARD.
MEETING DATE:
`l-iv 31 , 1983
COMMISSION
IZ-83-429
R-83-432
R-83-43 3
R-83-433.1
R-83-433.2
R-83-436
R-83-439
R-83-440
R-83-441
R-83-442
R-83-445
R-83-447
R-83-448-A
R-83-448-B
R-83-448-C