HomeMy WebLinkAboutCC 1983-04-28 Minutes\91FVS49R.9S9i'ZtT^'Y S'1J9 •.. c :; �.• E" 'j ..i* -
bi
CITY of M-- lAhi,-s
w
April 28, 1983
OF MEETING HELD ON
pLANNING & ZONING - REGULAR
PREPARED BY THE OFFICE OF THE CITY
CLERK
CITY
RALPH G.. ONGIE
CITY CLERK
0
L
3
4
5
6
7
8
9
10
11
12
13
14
15
16
P
trD
CITYICQM•i]SSIQI OF M1AM1, &DA
I rsO'L'LtT'ION
Or'�IP s Z - REG. S �EApril 28, 1983 + PAGE NO
MISCELLANEOUS DISCUSSION ITDIS:
(A) ORLANDO BOSCH
(B) ATHALIE RANGE PARK, AND
(C) DESIGNATION OF A SPECIAL'POLICE DEPARTMENT
PROJECT IN HONOR OF J.L. PLU:1IER.
ALLOCATE $150. FOR RENTAL OF MANUEL ARTIME CENTER
FOR SHOWING OF FILMS OF FOPUMER CUBAN BOXER,
"KID GAVILAN".
DISCUSSION ITEM: CROME WATCH SIGNS FOR BRICKELL,
OVERTOt+N, WYNWOOD, AND COCONUT GROVE AREAS
REFERRED TO CITY MANAGER.
RESOLUTION GRANTING EXTENSION OF TIME FOR
CONSTRUCTION OF CABLE T.V. SYSTEN IN THE CITY OF
MIAMI.
AUTHORIZE CITY MANAGER AND DIRECTOR OF OFF-STREET
PARKING AUTHORITY TO PROCEED WITH LEGAL INSTRUMENTS
FOR QUICK TAKING OF PARKING PROPERTY, N.W. 6TH
AND 7TH AVENUES AND N.W. 63RD AND 64TH STREETS, ETC.
PERSONAL APPEARANCE: PALL THOMPSON re: 'MOVING OF
CORAL ROCK HOUSE TO I%ATSON ISLAND OR ANOTHER
APPROPRIATE LOCATION.
GRANT REQUEST BY AREA AGENCY ON AGING FOR USE OF
COCONUT GROVE EXHIBITION CENTER; ALLOCATE
$2,500 IN CONNECTION WITH THE RENTAL OF
SAID FACILITY.
GRANT REQUEST MADE BY INTERNATIONAL FOLK FESTIVAL
COMMITTEE TO PERMIT SALE OF BEER AT BAYFRONT PARK
MAY 12 THROUGH THE 15TH.
BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF
DISCUSSION OS SISTER CITY PROGRAM.
ALLOCATE $15,000 TO "DANCE MIAMI" WITH FURTHER
CONDITIONS.
I
INSTRUCT CITY MANAGER TO PUT MATTER CONCERNING
RENT OWED BY THE MIAMI DOLPHINS ON THE MAY•12TH
AGENDA AND DIRECT THAT NO FURTHER ACTION BE TAKEN
UNTIL THIS MATTER HAS BEEN DISCUSSED.
AUTHORIZE CITY MANAGER TO PURSUE BRINGING THE 1985
SISTER CITY PROGRAM CONVENTION TO MIAMI.
EXPRESS MIAMI CITY COMMISSION SUPPORT OF THE
PRESIDENT'S POLICIES IN CENTRAL AMERICA.
PERSONAL APPEARANCE: THELMA GIBSON RE: REQUEST
FOR FUNDS FOR COCONUT GROVE LOCAL DEVELOPMENT
CORPORATION.
REQUEST METRO TO POSTPONE CONSTRUCTION OF
HUD DEVELOPMENT PROJECT 5-75 IN OVERTOWN.
ACCEPT PLAT ENTITLED: "EXECUTIVE PLAZA"
DISCUSSION 1-2
M-83-337 2-4
DISCUSSION 4
R-83-338 4-6
M-83-339 7-10
DISCUSSION 10-11
M-83-340 12-13
M-83-341 13-14
DISCUSSION 14-15
M-83-342 15-20
M-83-343
M-83-344
R-83-345
DISCUSSION
M-83-346
R-83-347
20-28
28-29
29-30
30- 31
31-39
40
6
.RM
CITY'Rffl0�iPMAMI, '& DA
To N, P & Z - REG. SIB L7 April 28, 1993
17
AUTHORIZE COMPLETION OF SOUTHEAST FINANCIAL CENTER
200-298 S. BISCAYNE BOULEVARD. TO A HEIGHT OF 765
FEET ABOVE GRADE.
18
ACCEPT PLAT ENTITLED: "CENTRAL BUENA VISTA".
19
SECOND READING ORDINANCE: CHANGING ZONING
CLASSIFICATION-1501 N.W. 29TH ST. FROM C-1
TO C-4.
20
SECOND READING ORDINANCE: CHANGE ZONING ,
CLASSIFICATION-1501 N.W. 29TH ST. FROM RG-2/4
TO CG-1/7 OF ZONING ORDINANCE 9500.
21
FIRST READING ORDINANCE: CHANGE 'ZONING
CLASSIFICATION 151 N.E. 52ND STREET FROM RG-2/5
TO RG 3/5 OF ZONING ORDINANCE 45-00.
22
ACCEPT PLAT ENTITLED: "ROSOR SUB."
23
APPROVE PRELIMINARY OFFICIAL STATEMENT FOR ISSUANCE
OF $25,000,000. MISCELLANEOUS GENERAL OBLIGATION
BONDS.
24
APPROVE NOTICE OF SALE RELATING TO ISSUANCE OF
$25,000,000. IN MISCELLANEOUS GENERAL OBLIGATION
BONDS
25
ACCEPT PLAT ENTITLED: "BETTY SEIFLE".
26
SECOND READING ORDINANCE: CHANGD ZONING
CLASSIFICATION 2629-2645 S. BAYSHORE DRIVE FROM
R-4 TO R-C.
27
APPEAL BY SUNSET VILLAS CONDOMINIUM ASSOCIATION
FOR VARIANCES GRANTED TO JACAROL BAY CLUB.
(See later same meeting).
28
GRANT APPLICATION FOR ONE YEAR EXTENSION OF
CONDITIONAL USE FOR 7-STORY APARTMENT BUILDING,
703 N.E. 63 STREET.
29
RELOCATE PORTION OF STORM SEWER EASEMENT FOR
BANYAN BAY APARTMENTS.
30
GRANT APPLICATION FOR VACATION AND CLOSURE OF A
PORTION OF S.L.L. 54 AVENUE AF 'DESCRIBED IN
CONNECTION WITH TENTATIVE PLAT NO. 1150 "GENESIS
SUBDIVISION".
31
PERSONAL APPEARANCE: VINETTE CARROL TO RECEIVE
PROCLAMATION AND KEYS TO THE CITY, THE AUTHOR
OF "YOUR ARMS ARE TOO SHORT TO BOX WITH GOD".
?2
PLAQUES, PROCLAMATOOS, AND SPECIAL ITEMS.
33
SECOND READING ORDINANCE: AMEND ORDINANCE 6871,
ADD HC-2 RESIDENTIAL OFFICE HERITAGE
CONSERVATION OVERLAY DISTRICT.
,
PAGE # 2
REsowUT'10'N%, IPAGE NO
R-83-348 41
R-83-349 41-42
ORD. 9600 42-43
ORD. 9601 43-44
FIRST READING
R-83-350
R-83-351
R-83-352
DISCUSSION
ORD. 9602
DISCUSSION
44-45
45
1 46
47
47-48
48
49-55
R-83-354 56-57
R-83-355 1 58
R-83-356 58-59
DISCUSSION 59-60
DISCUSSION 61
ORD. 9603 61-62
— - zP-�C - Y�„� SSA �r � n � -... `• .. .... _
C4VIIISTI U" I'IRFY , &DA PAGE # 3
in N0, SUBJECT RE I �cE �t PAGE NC
P & Z -- REG. April 28, 1983. SOLUTIa'V 0�
3�.
35
36
37
38
39
40
41
42
43
44
45
46
SECOND READING ORDINANCE: ADD NEW SECTION 1611
HC RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY
DISTRICT TO ZONING ORDINANCE NO. 9500.
SECOND READING ORDINANCE: APPLY-HC RESIDENTIAL OFFICE
HERITAGE CONSERVATION OVERLAY DISTRICT TO
PROPERTY 3041 OAR AVENUE (DR. EMERSON W. AYRAS
HOUSE).
SECOND READING ORDINANCE: ADD PROPOSED HC RESIDENTT?:T
OFFICE HERITAGE CONSERVATION OVERLAY DISTRIr,. iU
ZONING ORDINANCE 9500. (DR. EMERSON W. AYARS
HOUSE).
SECOND READING ORDINANCE: ADD PROPOSED HC-1 GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO THE ZONING
ORDINANCE 9500 CONCERNING PROPERTY -KNOWN AS THE 1-CHING
BUILDING.
SECOND READING ORDINANCE: ADD NEW SECTION 1612
HC-3 RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY
DISTRICT TO ZONING ORDINANCE i19500.
SECOND READING ORDINANCE: ADD PROPOSED HC-3 RESIDENTIAL
OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT TO ZONING
ORDINANCE #9500. PROPERTY LOCATED 111 S.W. 5TH AVENUE
(J.W. WARNER HOUSE).
FIRST READING ORDINANCE: APPLY PROPOSED HC-1 GENERAL
USE HERITAGE CONSERVATION OVERLAY DISTRICT TO PROPERTY
LOCATED AT 3429 DEVON ROAD (PLYMOUTH CONGREGATIONAL
CHURCH).
FIRST READING ORDINANCE: ADD PROPOSED HC-1
GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT
TO THE ZONING ORDINANCE 9500 TO PROPERTY LOCATED AT
3429 DEVON ROAD (PLYHOUTH CONGREGATIONAL CHURCH).
FIRST READING ORDINANCE: APPLY PROPOSED HC-1
GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT
TO PEOPERTY LOCATED AT 3429 DEVON ROAD (FIRST
GOCONUT GROVE SCHOOLHOUSE).
FIRST READING ORDINANCE: ADD PROPOSED HC-1
GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT
TO THE ZONING ORDINANCE 9500, PROPERTY - 3429 DEVON
ROAD (FIRST COCONUT GROVE SCHOOLHOUSE).
FIRST READING ORDINANCE: APPLY PROPOSED HC-1
GENERAL USE HERITAGE CONSERVATION OVERLAY
DISTRICT TO PROPERTY LOCATED AT 3747 MAIN
HIGHWAY (EL JARDIN).
FIRST READING ORDINANCE: ADD PROPOSED HC-1
GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT
TO THE ZONING ORDINANCE 9500,-PROPERTY LOCATED AT
3747 MAIN HIGHWAY (EL JARDIN).
FIRST READING ORDINANCE: APPLY PROPOSED HC-1
GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT
TO PROPERTY LOCATED AT 3575 MAIN HIGHWAY
(THE PAGODA).
ORD.9604 62
ORD. 9605 63
ORD. 9606 64
ORD. 9607 65
ORD. 9608 66
ORD. 9609 67
FIRST READIN 68
t
FIRST READING 68
FIRST READING
FIRST READING
FIRST READING
FIRST READING
FIRST READING
1 69
70
1 71
71
10 NO•
47
43
49
50
51
5'
53
54
55
56
57
58
59
60
61
CITYICOEsTioRMA, &DA PAGE 'E 4
P s Z - REG. SCT April 28, 1983 11z5OLUT oN0, IPAGE NC
FIRST READING ORDINANCE: ADD PROPOSED HC-1
GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO
ZONING ORDINANCE 9500, PROPERTY LOCATED AT 3575
MAIN HIGHWAY (THE PAGODA).
FIRST READING ORDINANCE: ADD PROPOSED HC-1 GENERAL US]
HERITAGE CONSERVATION OVERLAY DISTRICT TO ZONING
ORDINANCE 9500, PROPERTY LOCATED 250 N.W. 9TH STREET
(D.A. DORSEY HOUSE).
FIRST READING ORDINANCE: ADD PROPOSED HC-3 RESIDENTIA]
OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE
ZONING ORDINANCE 9500, PROPERTY LOCATED 1500 BRICKELL
AVENUE (PETIT DUOY).
PUBLIC HEARING DISCUSSION AND DEF-ZRRAL OF
CONSIDERATION OF PROPOSED ACQUISITION OF STRESS
TRAINING SIMULATORS FOR THE CITY OF MIAMI POLICE
DEPARTMENT.
DISCUSSION AND PERSONAL APPEAR.aNCE OF MORRIE PELSMAN
REPRESENTING THE 20TH STREET MERCHANTS ASSOCIATION:
THIS MATTER WILL BE DISCUSSED Oil MAY 12TH.
BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF APPEAL BY
SUNSET VILLAS CONDOMINIUM. ASSOCIATION OF VARIANCES
GRANTED TO JACAROL BAY CLUB. (See later, same
meeting).
AUTHORIZE EXPENDITURE OF UP TO $100,000. PROPOSE
CONSTRUCTION OF SENIOR CITIZENS CENTER ON CITY OWNED
LAND, GIVING CITY MANAGER DISCRETION, ETC.
ACCEPT PLAT ENTITLED: "BAYFRONT PARK REV."
ESTABLISH THE DATE OF JULY 14, 1983 AS PUBLIC
HEARING DATE, D.R.I. PROJECT, S.E. 8TH STREET
AND BRICKELL AVENUE.
AWARD CONTRACT KINLOCH SEWER IMPROVEMENT SR-5485C&S.
APPROVE EXPENDITURE OF UP TO $25,000. IN CONNECTION
WITH TUNNEL ALTERNATIVES STUDY FOR INGRESS AND EGRES:
TO DODGE ISLAND.
AUTHORIZE CITY MANAGER TO EXECUTE PROFESSIONAL
SERVICES CONTRACT BELAFONTE-TACOLCY AND YOUTH CO-OP
SUMMER YOUTH EMPLOYMENT PROGRAM.
GRANT REQUEST FOR VARIANCE TO PERMIT EXISTING FLORID)
R00, 441-441-1/2 S.W. 35TH AVENUE, SUBJECT
TO FILING OF COVENANT.
OFFICIAL CONTINUATION OF ITEM 1, APPEAL BY SUNSET
VILLAS CONDOMINIUM ASSOCIATION OF VARIANCES GRANTED
FOR JACAROL BAY CLUB TO BE HEARD MAY 12, 1983
AS THE FIRST ITEM ON THE AGENDA.
SECOND READING ORDINANCE: AMEND ORDINANCE 6871,
ARTICLE II, IV, V, VI, BY ALLOWING CARPORTS
AS PERMITTED USES UNDER ACCESSORY STRUCTURES.
FIRST READING
FIRST READING
FIRST READING
DISCUSSION
DISCUSSION
DISCUSSION
M-83-357
R-83-358
R-83-359
R-83-360
M-83-361
R-83-362
R-8 3- 36 3
DISCUSSION
ORD. 9610
72
72-73
73-74
74-84
84-85
86-87
87-89
90
91
91-92
92-93
94-95
95-97
98-101
101-102
u
■
IN-MX
Cj;1 jSTj01 1�' I'UN'll� I�lli PAGE # 5
I NANCE 0.9
10 NO.
� � t��T
P & Z - REG. Sup�GV1 April 28, 1983
sourrim no.
PAGE NO
62
SECOND READING ORDINANCE: AMEND ZONING ORDINANCE
9500, ARTICLE 20, GENERAL AND SUPPLEMENTARY
REGULATIONS, ARTICLE 36, TO PERMIT CARPORTS IN
RS-1, RS-2, RS-1.1, AND RG-1.AREAS.
ORD. 9611
102-103
63
SECOND READING ORDINANCE: AMEND CITY CODE, ADD NEW
SUBSECTION (8) TO SECTION 2-135, "SAME DUTIES"
CONCERNING PARKING LOTS, GARAGES, ETC.
ORD. 9612
103-104
64
FIRST READING ORDINANCE: AMEND ORDINANCE #9500
BY ENCOMPASSING CORRECTION OF ERRORS, MATTERS OF
OVERSIGHT, AND MATTERS OF COIi[MISSION DIRECTION,
INCORPORATING SAID CHANGES INTO ORDINANCE # 9500.
FIRST READING
104-105
65
PERSONAL APPEARANCE: DOSE MENDEZ, MATTER REFERRED
TO CITY MANAGER.
DISCUSSION
105-106
• 0
MINUTES OF REGULAR MEETING OF THE
CITY C0101ISSION OF MIAMI, FLORIDA
On the 28th day of April, 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 9:25 A.M., by Mayor Ferre with the
following members of the Commission found to be present:
ALSO PRESENT:
Commissioner `tiller J. Dawkins
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
Howard V. Gary, City Manager
Jose R. Garcia -Pedrosa, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
An invocation was delivered by Mayor Ferre who then led those present
in a pledge of allegiance to the flag.
1. MISCELLANEOUS DISCUSSION ITEMS: (a) ORLANDO BOSCH; (b) ATHALIE
RANGE PARK; AND (c) DESIGNATION OF A SPECIAL POLICE DEPARTMENT
PROJECT IN HONOR OF J. L. PLnIDIER.
Mayor Ferre: Good morning Ladies and Gentlemen. This is a regular City of
Miami Commission meeting. We will now begin with Pocket Items. Mr. Manager,
we are always running into this problem on Pocket Items. You know that they
always take forty-five minutes to an hour. Would you please tell whoever makes
out these agendas to put from nine o'clock to ten o'clock Pocket Items and not
have people at nine o'clock or nine -fifteen waiting. All right, the first
Pocket Item - Mr. Demetrio Perez?
Mr. Perez: Mr. Mayor, I would like to know if we have here as a presentation
from the Avante Theatre. Mr....or Mrs. Alina Iterian, I don't think that they
are here. Okay, first I would like to inform, Mr. Mayor that last Wednesday I
was -in Caracas as you were the week before trying to support the Human Rights
of Dr. Orlando Bosch. Today, we celebrate the forty-third day of hunger strike
in a Venezuelan prison. I think that that approach is a symbol of dignity,
integrity and of courage. I would like to point out for the record this mes-
sage of Dr. Orlando Bosch. I spoke with him for about an hour and one-half
and he sent a message of gratitude to all of the people of this community -
also, to all the members of this City Commission for the proclamation of the
Day of Dr. Orlando Bosch and also for the limited efforts in favor of Human
Rights. That is something that I want to point out for the record. Also,
Mr. Mayor, I would like to call the attention about a park - Athalie Range
Park that is on the Expressway from N. W. loth to llth Street. That park
is in a very bad condition and I don't think that this park has been properly
used and I would like to call the City Manager - Mr. Manager, I would like to
call the attention - I met yesterday with Mr. Kern of the Parks Department, and
I would like to call the attention about the Athalie Range Park that is from
the Expressway from loth to llth Street. That park is in very, very bad
condition. I don't know what would be the future use of this land. I think
they plan to use it for a different purpose, don't they? I would like, if
it is possible that give consideration to the possibility to design with the
name Athalie Range to two of the parks that we have in the Liberty City area -
Buena Vista Park, Edison Park - you make a formal recomendation of this issue
for the next Commission meeting, but I think this park does not serve the
neighborhood, and I would like, if it is possible, to have a report on this
0
matter. Also, in order to recognize and honor the public service of our
colleague in the City Commission, Mr. J. L. Plummer, I would like to re-
quest the City Manager's office to make recommendation in order to designate
a special project of the City of Miami Police Department with the hame of
J. L. Plummer in order to recognize his position against crime in this
community.
Mayor Ferre: Well, since he is listening over tha phone, I want to repeat my
offer and if he is willing to die, to name the police station after him, but
he hasn't taken us up on our offer yet, so we will have to find another place
to name after J. L. Plummer. Anything else?
2. ALLOCATE $150 FOR RENTAL OF MANL;EL ARTIME CENTER FOR SHQWI:IG OF
F1121S OF FORMER CUBAN BOXER, "RID GAVILANN" .
Mr. Perez: I know we have people here for a ceremonial in favor of Kid
Gavilan. Are the people here?
Mr. Raimondo Caret: I want to thank the City Commission for this opportunity
that I am given today to bring about this petition of boxing fans. My name is
Raimondo Caret. I live at 11921 S. W. 179th Terrace. This group of concerned
citizens wants to give a tribute to a great legend of the ring, Kid Gavilan,
the very best and most reputed boxer that Cuba ever had. He is in the Hall
of Fame. Two years ago he used to work as a boxing instructor for the City
of Miami under the CETA program, but as the program was discontinued, both
he and Luis Manuel Rodriguez, another expert champion lost their employment.
Fortunately now, after two years, Kid Gavilan is working again as a boxing -
instructor for the City of Miami, but this employment is on a limited, part-
time basis only. We understand that no one can naturally survive with four
hours part time. For the last few months, his situation has been so desperate,
that he has had to face an eminent eviction twice, and I want to recognize here
the merits of one of the officials of the Miami Parks and Recreation Depart-
ment, Mr. Hiram Gomez, who month after month has gone with me to see several
friends on weekends to help us to provide for Kid Gavilan's support. Gentle-
men, Mr. Hiram Gomez has recognized the need of this great champion and has
helped us to provide, even out of his own pocket. Now, let me,take just a
couple of more minutes. Kid Gavilan came to the United States after his
glory days were all over and left everything he had in Cuba. He has always
been a gentlemen, both in and out of the ring and did not hesitate to leave
behind a comfortable retirement life in a country where he was respected by
everyone as the living legend that he is in order to come here and live a
life full of deprivations, but waving the flag of freedom and dignity. Be-
cause of this, we respectfully ask of the City Commission today to supply
the funds to pay for the rent of the Manuel Artime Center in Little Havana
on the 4th of June, when we will show at least six films of the most important
fights of the Kid, both winning and defending his title. We also want to sug-
gest that the City Commission consider the benefits that will be achieved if
both Kid Gavilan and Luis Manuel Rodriguez are hired on a full time basis by
the City Gym. We are certain that they would do a great deal to help bring
many young men to the gym and keep away from drugs and alcohol. Thank you
very much.
Mayor Ferre: Mr. Perez, may I be supportive of this in this way. Those of
you that remember what I thought was a great tragedy when Joe Lewis was an
older man and found himself in a rather sad economic situation. Fortunately,
some people in Las Vegas, as I recall, gave the Champion an opportunity to
work with dignity, and I thought that was a great gesture... it was sad, but
it was something that was done and had to be done. Now we have a similar
situation on a local level. Kid Gavilan was the world boxing champion and
a man that was greatly respected throughout the United States and through-
out the world. Now he finds himself in a situation where the poor man is
being evicted, and he is living in poverty. I certainly think that a per-
son like Kid Gavilan has got an awful lot to offer the youth - the disad-
vantaged youth, both Black and Cuban and other Latins in our community.
He is a man who came out of the ghetto and out of poverty and became a
world champion, and I think he is living here, and a man who has paid his
02
ld
APR 28 19B3
i 0
dues to society, and now finds himself with problems, I think first of all
we ought to have a little bit of heart and secondly, I do think that the man
has a lot to offer. He was a great boxing champion and he is still in fairly
good shape. I'll tell you this - I wouldn't want to get in front of him when
he is angry, and I think we ought to find a way to support him and help him,
so whatever you...
Mr. Perez: Yes, well, I want to move...I think what you want is free rental
for the Little Havana Community Center, right?
Mayor Ferre: You want what?
Mr. Gary: Waiver of the rental fee -for the Little Havana Activities Center.
Mayor Ferre: To raise some money for him?
Mr. Gary: Yes.
Mayor Ferre: Howard, I know we have all kinds of pressures on jobs and all
of that, but isn't there any way that we can find more than four hours for
this man to do? I mean...
Mr. Caret: My petitions feel that...
Mayor Ferre: Excuse me, sir. Mr. Manager, is there any way that we could
be supportive of Rid Gavilan in some of these sports programs? I know that
we have a boxing program that goes on and I know that we are improving our
operation in :bore Park and ... I mean, this man does live in Miami. He lives
in a Black neighborhood, I think, in the northwest part of town, so maybe
Coconut Grove may not be the place for him, but maybe some of these parks
in the north part of town. He does speak English, so we don't have a
language problem here. Is there anyway that perhaps the Parks Department
or the Recreation Department could use his services more?
Mr. Gary: Mr. Mayor, I will review the matter, but I must advise you that
we basically turned over the City's facilities as well as money to Ms.
Virrick and we will talk to Ms. Virrick about whether she can employ him
to assist her in the program.
Mayor Ferre: Well, I think that is where the problem has been. Number one,
I don't think he lives in Coconut Grove, so for him to come from Liberty
City down to Coconut Grove...
Mr. Gary: You want me to buy his lunch too? I mean, you know, it is part
of my job.
Mayor Ferre: No, we don't want to buy his lunch, Howard, but we do think
that the man deserves some support from the government, if possible. I
mean, I am not saying that we want to give him a free ride. What I am say-
ing is, if we can help him support himself with dignity, then we ought to
try and do that.
Mr. Gary: We will try it, Mr. Mayor.
Mayor Ferre: all right now, the petition that you have is specifically what,
sir?
Mr. Caret: Yes. On the 4th of June, his friends are giving him some recog-
nition in presenting some of the most important films of famous classic fights.
Mayor Ferre: You want a waiver, then?
Mr. Caret: Yes, what we want to do is to ask the City Commission, if possible,
to supply the funds to pay for the rent of the Manuel Artime Center on that day.
Mayor Ferre: All right, is there a motion?
Mr. Perez: Yes, I move.
Mayor Ferre: Is there a second?
03
APR 2 a 19801
Id
i
jo
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Call the roll on the motion.
The following motion was introduced by Commissioner Perez, who moved its
adoption:
MOTION NO. 83-337
A MOTION INSTRUCTING THE CITY MANAGER TO GRANT A SUIM
EQUAL TO THE FEES CHARGED BY THE CITY FOR THE MANUEL
ARTIME COMMUNITY CENTER THEATER FOR THE STAGING OF
SOME OF THE MOST LM?ORTANT FILMS OF FAMOUS CLASSIC BOX-
ING FIGHTS BY CUBAN EX -BOXING CHAMPION "KID GAVILAN".
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: Nome
ABSENT: Commissioner Joe Carollo ..i
Commissioner J. L. Plummer, Jr.
3. DISCUSSION ITEM: CROME WATCH SIGNS FOR BRICKELL, OVERTOWN, IN -
WOOD, AND COCONUT GROVE AREAS REFERRED TO CITY MANAGER.
Mr. Dawkins: I have one pocket item. Mr. Mayor, I met with the Citizens
Against Crime, and they asked me to thank the Commission for the assistance
that we have given to it, but they do not have any of the Crime Watch signs
on Brickell Avenue. We have none in the Wynwood area and very few in the
Coconut Grove area, so I would like for to suggest to the Manager, Mr.
Gary, that he attempt to find the money for, I think they asked for some-
thing like two hundred fifty signs at $15 a sign to put in the Coconut Grove
area, the Wynwood area, the Brickell area and the Overtown area. If you
could report back at the next meeting to let us know if you can find the
money to do that.
Mr. Gary: Yes, sir.
Mr. Dawkins: Thank you.
4. RESOLUTION GRANTING EXTENSION OF TIME FOR CONSTRUCTION OF CABLE
T.V. SYSTEM IN THE CITY OF MIAMI.
Mayor Ferre: We also have the Cable T.V. item, Senator Meyers? Mr. Manager,
I told Senator Meyers that I would only take this thing up if it had your
support. If it doesn't then he is going to have to wait.
Mr. Gary: Mr. Mayor, with the modifications that we have added, he has
my support.
Mayor Ferre: Would you or somebody in Staff explain gn the record exactly
what it is that we are doing here?
Mr. Gary: Yes, I would like Mr. Clark Merrill and my staff to explain what
we have agreed to.
APR 28 1983
ld
M
4
E
ld
Mr. Clark Merrill: `fir. Mayor and members of the Commission, under the terms
of the Cable Ordinance that we passed in 1981, the Cable Licensee was required
to give us a schedule for construction. They were a number of reasons which
I will go into in just a minute as to why they were unable to meet the
schedule as it and has been submitted to us. However, it necessary that we
make some adjustment to the schedule in order to provide...
Mayor Ferre: Why?
Mr. Merrill: Well, N;LL-e-r one, to provide an orderly continuation of con-
struction without a penalty, as the company is now in the process of hav-
ing committed a loan which is needed to capitalize the future construction
of the company and if we ...
Mayor Ferre: Clark, I know you are a very thorough and meticulous man, but
could we cut through all this to a very simple, you know —as I understand
it, and can you reaffirm or deny, so we can get on with this - the problem
is, that they are about to conclude a loan. Now, the lender will not lend
them the money unless this is clarified. The reason why this needs clari-
fication, therefore is so they can obtain a loan.
Mr. Dawkins: Mr. Mayor, may I say something? I would like to wait for
Joe Carollo, because I am going to vote against it, so I would rather put
this off.
Mayor Ferre: Okay, now let me tell you then where we stand. If this mat-
ter is voted with four members of the Commission, two against and two for,
it will of course, be defeated. It is a denial. Is that right, Mr.
City -Attorney? That is always the way, so I want you to fully understand
where we are at. Now, you can request for a full Commission, and we will
take it from there.
Mr. Merrill: Well, but this has an urgency.
Mayor Ferre: Okay.
NOTE FOR THE RECORD: Commissioner Joe Carollo entered at 9:40 A.M.
-------------------------------------------------------------------
Mayor Ferre: Commissioner Carollo, we are now talking about cable tele-
vision and a request that they have for a new schedule and Mr. Clark
Merrill was beginning to explain the reason, so why don't you repeat
briefly what the reasons are, or Mr. Manager, if you will.
Mr. Gary: Let me see if I can cut through it. When we developed the
ordinance, Mr. Mayor and members of the Commission, we put on there a
required construction schedule. If you will recall, one we authorized,
or we awarded the franchise, there was litigation, which took about four
months, and obviously any prudent business persons who would not
invest his dollars if there is some outstanding or contingent liabilities
with regards to the right for him to construct the cable television system
in the City of Miami, so therefore, we had a four month delay, plus he
has been having some delays in terms of relationships with the Southern
Bell people in terms of the pole attachement. So as a result of that,
what he is asking is, he would want to get adjustments in the schedule
to provide or to allow for those things that were not under his control,
and he needs this because the financial institutions will not commit
themselves to the large sums of money they anticipate buying if there is
a contingent liability from the City on their part for not complying with
the construction schedule. And we comply with it, and Mr. Mayor, we feel
by the end of their original date that they will still, at the end date,
comply with the original construction time frame. However, we have allowed
a 201'a adjustment on a reporting basis in terms of the original schedule
that they have provided to us, but the system will be constructed on time
at the end, but not in the interim.
Mayor Ferre: All right. Questions? If not, is there a motion?
Mr. Carollo: In other words, from what I understand from the Manager, the
Administration then is in favor of the request that the Joint Venture is
requesting today.
N
Mr. Gary: That is correct.
Mr. Carollo: Okay now, Mr. Meyers, would you come to the mike, please?
Senator Kenneth Meyers: Yes, sir.
Mr. Carollo: Is what the Manager just stated before us here now, is that
basically the full scope of what you all are requesting today?
Sen. Meyers: Yes, Mr. Commissioner, that is absolutely correct. There is
nothing in this request that changes the final deadline time under the
ordinance, within which the entire system must be built. This is only the
interim time table, and as the Manager well pointed out, these initial
delays were really acts of God and beyond the control of the company. We
didn't call for litigation against the City any more than you all did.
We didn't ask Wellington Rolle to sue. We... the company is pursuing as
fast as it can the completion of the system.
Mayor Ferre: Further questions?
Mr. Carollo: Not at this point, Mr. Mayor. I think that my position in
a lot of these things that have happened in the past on the cable issue
have been more than clear. At the same time, just because I didn't get
my way, I am not going to be sourpuss about it. I am not going to be un-
fair. I make the motion to approve the amendments that the Manager and the
Administration requested.
Mayor Ferre: Is there a second to that motion?
Mr. Perez: I second on the Manager's recommendation on the request.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-338
A RESOLUTION GRANTING A DELAY INTHE CONSTRUCTION SCHEDULE
PREVIOUSLY SUBMITTED TO THE CITY OF MIAMI AS REQUIRED BY
SECTION 601 OF THE CITY OF MIAMI'S CABLE TELEVISION LICENSE
ORDINANCE TO THE EXTENT THAT THE CABLE LICENSEE, IN ACCORDANCE
WITH THE REVISED SCHEDULE AND ATTENDANT CONDITIONS SUBMITTED
TO THE CITY MANAGER, THAT WILL RESULT IN THE COMPLETION OF THE
CABLE SYSTEM BY NOVEMBER 19, 1984, AS REQUIRED BY THE CABLE
TELEVISON LICENSE ORDINANCE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins
ABSENT: None
ld 06 APR 28 1983
i
5. AUTHORIZE CITY NAINAGER ARID DIRECTOR OF OFF-STREET PARKING
AUTHORITY TO PROCEED WITH LEGAL INSTRUMENTS FOR QUICK TAKING OF
PARKING PROPERTY, N.W. 6TH, 7TH AVENUES AND N. W. 63RD AND 64TH
STREETS, ETC.
Mayor Ferre: Mr. Reid, will you introduce the subject and then we will go to
Otis Pitts and let's see where we go from here.
Mr.'Jim Reid: The Pantry Pride Rehabilitation Project in which the City,
in cooperation with Belafonte-Talcolcy received funds from E.D.A. is now
going forward, but to carry out that project in terms of renovation in a
major supermarket, it is necessary that land be available for parking.
It is not certain at this point in terms of the land transfer associated
with that site that the necessary land will be available. As I understand
it, what Mr. Pitts is seeking is a statement of intent from this Commission
either directly or through the Off -Street Parking Authority to work with
him in terms of getting the needed land in the immediate area to facilitate
the development of that project and after discussions with the Legal Depart-
ment, that is the correct way to pursue it at this time.
Mayor Ferre: All right., Mr. Reid, let's see if I can get to the issue
quickly. We have now gotten a letter from E.D.A. for $800,000, and they
are going to fund us. The Reagan Administration has put the word out that
if there is any slippage in any of these things, pull the money back in, so
there is some question that if we...
Mr. Reid: They like to recapture money.
Mayor Ferre: If we slip, they are going to recapture the $800,000 that -
is not committed to us. Now, so we don't want to slip. Number two, we
gave everybody a fair chance and Winn -Dixie made us an offer which is sub-
stantially better than anybody else, and so Winn -Dixie has been a good
friend of the community when everybody else got scared. Pantry Pride got
scared, and all these other guys. You know, they didn't want tQ be burned -
in the Black community. Winn -Dixie came forward. They helped us design
the project without any cost to us. They did the working drawings, they _
were going to pay more rent than they paid anyplace else, so they have
been heros in this thing. Now, the Ford Foundation came and gave us a
grant, and in conjunction with that, we got the local Business Assistance
Center that gave us $200,000, pending on all of this thing. The whole
thing is ready to go. Now there is a problem because it is beginning to
unravel. The unraveling comes because Winn -Dixie has minimum requirements
for parking and we don't have enough land in the old Pantry Pride building
if you would point it out there, Jim (or Otis, if you would) for parking,
so we need an additional piece of property, so we had been talking, I
mean Tacolcy has been talking about buying the property from Pantry Pride,
which is 60,000 square feet. Now, all of a sudden, Panty Pride, Miller
says, "We don't want to sell it! We don't want to sell it because we don't
want Winn -Dixie to put up a store here and you have to understand that we
don't want to help our competitor". I understand that, but on the other
hand, they had an opportunity to come and do this, and they didn't do it.
Yesterday Otis and I had an appointment with the president of Pantry Pride
up in North Fort Lauderdale, Howard, since you had personal family illness,
and this thing happened very quickly. I got a hold of Otis. I called the
president and I said "Look, can't we cut through of all of this?" He
said "Come on, get in your car and come on up here and we will talk about
it." In the mean time, we weren't able to make it by 4:00 o'clock, so we
didn't have the meeting, so now on Monday we have a rescheduled meeting
for 3:00 o'clock in the afternoon with the president of Pantry Pride. Now,
if we don't get that land, the whole thing is in jeopardy. Now, I would
like to recommend to the Commission that we authorize the Manager - this
is a motion of intent that has to be put in legal language in a resolution
at the next Commission meeting, but that we give a head start, Howard - is
that the Off -Street Parking Authority is interested in building parking on
the 62nd Street and N. W. 7th Avenue area. They, as a matter of fact, had
been looking at a piece of property that you pointed out, Otis, right off
of 7th Avenue and 63rd Street, the comer piece - (the one at the top).
07 APR 28 1983
0 40
All right now, that is the piece of property_ they have been looking at and
Mr. Reid recommended that perhaps the City, along with the Off -Street Parking
Authority could help build that parking in that general area which would
therefore guarantee Winn -Dixie, and also move the project forward. Therefore,
I wviild like to recommend, Mr. Manager, that this Commission give you author-
ity to start a procedure of Eminent Domain so that if and when you go see
Mr. Gentry, the president of Pantry Pride - quickly! ... so that he knows that
we would like very much for him to cooperate us and we would like very much —
for him to be a part of this. He should have done it before, but that if
he by any chance gets stubborn about this, that we have the right to Eminent
Domain and that this is a public purpose and it serves a public purpose.
Now, in addition, so that we don't get confused in this, I think there is
another piece of property that we have to look at, even though I don't think
that we should jump on Eminent Domain at this particular point, but if the
piece of property south of Sixth Avenue, in between 62nd and 63rd - there is
one house on the property, the rest of it is a vacant lot, but that might
give us an alternative and I think you should begin on an negotiation basis
before we get to Eminent Domaine, because that I think would satisfy_ uik-
Chek. Otis, have I described it properly?
Mr. Pitts: Yes, absolutely and I also might add that the Planning Depart-
ment, City of Miami recently conducted a similar study and it showed that
lot that you are talking about - each of the lots in that area and that is
the only area to be, it is the best lot available for the parking, to re-
lieve the parking situation in the area.
Mr. Gary: Mr. Mayor, for the record, we have identified a parking problem
in that area in conjunction with the L.D.C. in that area and other business
people and we have been concerned for quite some time and we had some dis-
cussions with Roger Carlton as to where could we put parking there. We have
done feasibility studies that have identified there is a need, and we also
identified sites that could be utilized for that purpose and this is one
of the sites. I would like to also add, Mr. Mayor, we are talking about
the Quick Take for the parking only.
Mayor Ferre: Yes, sir. Public purpose - it would be parking.
Mr. Gary: Yes, sir.
Mayor Ferre: It has nothing to do with Kwik-Chek per se, I mean even
though it solves Tacolcy Economic Development's project, but I don't ... I
want to make...
Mr. Gary: It would solve the long term problem of parking in that area
when this develops.
Mayor Ferre: I want to make sure that the record is clear that the purpose
for this would be strictly to serve the public purpose of the long overdue
parking necessity in that community.
Mr. Dawkins: Question, why, Mr. Pitts, are we not considering the land
from 6th Avenue to 7th Avenue on 61st Street where there was an Eagle -Army
store that was burned down and is a vacant lot and there is a lot next
door to that is vacant. Why are we not considering that for parking when
it is right across the streets from...
Mr. Pitts: That was a part of the consideration.
Mr. Gary: That is one of the...
Mr. Dawkins: Well, nobody said that.
Mr. Gary: That is one of the alternative sites.
Mr. Dawkins: That wasn't said;
Mr. Gary: No, sir. I mentioned earlier that we had a number of alternative
sites from Off -Street Parking Authority.
Mayor Ferre: Where is that? Is that the Eagle site there? That's what
we have been talking about.
ld
0
Mr. Gary: I just said alternative sites. I didn't give...
Mr. Dawkins: Well there is nothing —that is a vacant lot under that.
Mayor Ferre: That is what we are talking -about.
Mr. Dawkins: Now wait a minute. Come down - that is vacant.
:savor Ferre: Yes.
Mr. Dawkins: Okay, and that other part is vacant.
Mayor Ferre: Yes.
(INAUDIBLE BACKGROL'11D COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Dawkins: Well, you have got parking in here, but you don't have
parking on the one on 7th Avenue.
(INAUDIBLE COMMENTS - NOT ON MICROPHONE)
Mr. Dawkins: All I am saying, Mr. Pitts, is that we were talking about
knocking down somebody's house, and that is a vacant lot. All I am saying
is put some parking up there.
Mayor Ferre: I agree with that! I think what Commissioner Dawkins is
saying is that we give priority to wherever there is vacant land before we
go out knocking people's homes. So, I would like to do it, Mr. Manager, so
we can move along, and help me now with the wording of this reso?..ution. I
would like to move that the City of Miami Commission instruct you directly
to the City and the Off-street Parking Authority to proceed with all the
legal instruments necessary for a Quick Taking, if necessary, starting at
the corner of N. W. 7th Avenue between 63rd and 64th.
Mr. Dawkins: You are losing me! Okay, 62nd and 63rd. Oh, you are right.
Mayor Ferre: Between 63rd and 64th, starting at N. W. 7th Avenue, always
giving priority in taking to areas where people do not live, and going all
the way down to 6th Avenue, so that this very important project for Miami
not be lost.
Mr. Gary: So that we can provide ample parking pursuant to the feasibility
studies that they be conducted by the Off-street Parking Authority.
Mayor Ferre: And due to the fact that the Christian Hospital is going up
to blocks away and there is new housing and economic pressures because of
the growth of this area, the Off-street Parking Authority has concluded
that there is a public need for parking and based on that, so that we can
satisfy that public need and you are hereby authorized to start the proceed-
ings of Eminent Domaine according to the laws of the State of Florida.
Mr. Gary: There is a matter of one other thing that you may want to con-
sult with an attorney about, Mr. Mayor, and that is, if it is required to
get outside assistance for the Quick Take.
Mayor Ferre: Let me tell you what the law is. You have to get two ap-
praisals; you have got to get... the Law Department has to have the proper
legal instruments - you have got to go to a Court and what we are doing is
authorizing you to do all of the things that are required by the Statutes
of the State of Florida to proceed to Eminent Domain - at your discretion.
You are going to have to decide. It may not be necessary; you may be able
to come to an amicable negotiation. This just gives you the instrument to
make sure that this project is not lost. Okay? Mr. City -Attorney, do you
have any corrections on that motion?
Mr. Garcia -Pedrosa: No, that is fine, sir.
Mayor Ferre: Will somebody make that?
Mr. Carollo: So moved.
9
APR 28 1983
ld
Mayor Ferre: Anybody want to second it?
Mr. Perez: Second.
Mayor Ferre: All right, it has been moved and seconded. Further discussion?
Otis, does this cover everything now?
Mr. Pitts: Yes, it does.
Mayor Ferre: All right, call the roll the roll please.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION NO. 83-339
A MOTION INSTRUCTING THE CITY MANAGER AND THE DIRECTOR OF
THE OFF-STREET PARKING AUTHORITY TO IMMEDIATELY PROCEED WITH
THE PREPARX ION OF ANY LEGAL INSTRUMENTS WHICH MAY BE RE-
QUIRED FOR QUICK TAKE PROCEEDINGS IN CONNECTION WITH THE
ACQUISITION OF LAND FOR PARKING PURPOSES IN AN AREA GENERALLY
BOUNDED BY N.W. 6TH & N.W. 7TH AVENUES AND N.W. 63RD & 64TH
STREETS, GIVING PRIORITY IN TAKING TO AREAS WHERE PEOPLE
WOULD NOT NEED TO BE DISPLACED; FURTHER AUTHORIZING THE
CITY MANAGER TO DO ANYTHING WHICH BE LEGALLY NECESSARY AND/OR
REQUIRED IN CONNECTION WITH THE ABOVE.
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
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice -Mayor J. L. Plummer, Jr.
6. PERSONAL APPEARANCE: PAUL THOMPSON re MOVING OF CORAL ROCK
HOUSE TO WATSON ISLAND OR ANOTHER APPROPRIATE LOCATION.
Mayor Ferre: We have the moving of the historic Coral brown house on
Watson Island. Yes, sir?
Mr. Paul Thompson: Mayor and Commissioners, my name is Paul Thompson. I
am Executive Director of Dade Heritage Trust, county -wide historic preserva-
tion organization. You may recall on last January 28th, we were before
you at the time that Florida East Coast Properties was requesting some
variances to build on North Bayshore Drive on the site of the old Miramar
Hotel and the house next to it. That is 1756 and this is the house.
Mayor Ferre: All right, so we understand now - this is a historic site...
Mr. Thompson: No question about it.
Mayor Ferre: All right, and you - we all wanted to move the house. We
were going to move it across the street to Margaret Pace Park, but the
people around the neighborhood objected - some of the people did - and as
a consequence of that, we kind of moved off. Now, the question is, where
are we going to move it and who is going to pay for it?
Mr. Thompson: Exactly.
ld 10 APR 28 IM
C�
i
Mayor Ferre: And you want to move it to Watson Island.
Mr. Thompson: We believe this to be a feasible site, yes, at this point.
Mayor Ferre: And the location, Mr. Manager, in Watson Island, as I under-
stand it, is going to be the ;farina Fish (whatever it is called) on the
north side so that if fits directly over where we had projected a marina
building.
Mr. Thompson: A dockmaster's facility.
Mayor Ferre: Dockmaster's. Now, would the Administration tell us if it
approves of this? Have you looked at it?
Mr. Gary: I haven't looked at it, Mr. Mayor, and I would like to study
it before I make a recommendation.
Mayor Ferre: Because with all due respects to that beautiful house, I
don't know if it really works as a dockmaster's house. I mean, maybe the
rooms are too small.
Mr. Thompson: All we are asking for today, Mr. Mayor, is permission to
pursue this because a number of engineering studies ready. We are on
line and we are running up against...
;ir. Gary: It may be a nice building for Hadley Park.
Mayor Ferre: It might be a nice building for Hadley Park. Well, that is
all right!
Mr. Thompson: We are actively seeking a site. It has taken us a long
time to come to this point. You have before you a house that will be
much compatible with the Japanese Gardens and if even if it does not
suit the Dockmaster's facilities, there may be some other reason.
Mayor Ferre: Mr. Manager, I don't think you need a motion to this effect.
Unless somebody from the Commission wants to do different, we are, Mr.
Manager, telling you to look at the possibilities of moving Coral Rock
Brown House from 1756 North Bayshore Drive to an appropriate location.
Would you look at both Watson Island and Hadley Park, and any other place
that you might think of. Now, there is an ongoing dispute with Mr. Tibor
Hollo in which, as I understand it, he is not legally bound, but there is
a question as to whether or not he was going to pay the $76,000 for moving
it. At one time, as you remember, on a zoning matter related to the pro-
perty where the house is presently located, he agreed to pay for moving
it across the street. At that time I think the price at $76,000 was what
we discussed and I think that part and parcel of your investigation is the
discussion with Mr. Hollo as to where that stands because he now has re-
cently written a letter, I think to you, saying that he no longer is going
to pay for that and I think that needs to be kind of pinned down a little
bit.
Mr. Gary: He may not want the variance anymore either.
Mayor Ferre: My sense of it is that he is just trying to bring this thing
to a head because it has been going on for a year and one-half and he says
that it hasn't been decided so he wants to bring it to a conclusion.
Mr. ary: We will follow up, Mr. Mayor.
Mayor Ferre: All right, does that satisfy you?
Mr. Thompson: Yes, sir, at this point. Thank you.
Mayor Ferre: Pete, do we need anything else on this? Thank you.
11 APR 28 1983
ld
0
40
7. GRANT REQUEST BY AREA AGENCY ON AGING FOR USE OF COCONUT GROVE
E%HIBITION CENTnR; ALLOCATE S2,500 IN CONNECTION WITH THE RENTAL,
OF SAID FACILITY.
Mayor Ferre: Next item is a request by representatives of the Area Agency
for the Aging. You want to use Coconut Grove Exhition Center?
Mr. Jose Fox: Yes, Mr. Mayor. My name is Jose Fox. My address is 955
S. W. 2nd Avenue. I am the Executive Director of Area Agency on Aging and
this is an annual occurence. what happened is that in prior times you just
waived part of the cost and we have close to $3,000 extra that we have to
pay for and really, I don't have that on my budget and usually you have
done that in the past. We please ask you to waive the entire cost of
tnis.
Mayor Ferre: You are a Metro agency, as I recall.
Mr. Fox: No, I am state and United Way...
Mayor Ferre: Oh, that is right. You are a State agency and United Way.
Mr. Fox: State and United Way - we are funded co -sponsored by the State of
Florida and the United Way.
Mayor Ferre: What is it that is going to happen on May Ilth in Coconut
Grove Exhibition Center? Are you going to have a meeting?
Mr. Fox: It is annual rite - it is a meeting with approximately three to
four thousand senior citizens and this is an occasion - Senator Pepper and vour-
self will be a speaker and Mayor Clark Also will be a speaker.
Mayor Ferre: Now, you are asking for $2,500 from the City which is what
it costs to rent the hall.
Mr. Fox: Well no. The total cost is close to $7,000. You waive on the
rent, and we have to pay the rest.
Mr. Gary: Mr. Mayor, you waive $2,500 of the cost of utilizing that
facility and the cost came in at $7,000, so he is asking for approximately
$2,500 additional.
Mayor Ferre: All right, so we have already waived $4,500. He wants us
to waive another $2,500.
Mr. Gary: Mr. Mayor, I think the intent was to waive the cost and they
were under that impression and based on the initial policy of the Commission,
we support this request.
Mayor Ferre: You do support this?
Mr. Gary: Yes, sir.
Mayor Ferre: All right, is there a motion?
Mr. Carollo: So moved.
Mr. Perez: Second.
Mayor Ferre: All right, it has been moved and seconded. Further discussion?
Mr. Carollo: Especially if the Mayor is going to speak!
Mayor Ferre: (Laughter) That might be misinterpreted if it appeared in
the newspapers. It would be a major feature article. All right, is there
further discussion on this. Call the roll.
12 1=3
ld APR 2 8aw
The following motion was introduced by Commissioner Carollo, who moved its
adoption:
MOTION NO. 83-340
A MOTION GRANTING A REQUEST MADE BY MR. JOSE FOX, REPRE-
SENTING THE AREA AGENCY ON AGING FOR USE OF COCONUT GROVE
EXHIBITION CENTER ON MAY 11, 1983, FOR THE HOLDING OF A
MEETING WITH 3,000 to 4,000 SENIOR CITIZENS OF THE AREA; �.
FURTHER INSTRUCTING THE CITY MANAGER TO GRANT SAID AGENCY
THE SUM OF $2,500 IN CONNECTION WITH THE RENTAL OF SAID
FACILITY.
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: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
Mayor Ferre: Would you make sure that all members of the Commission, both
City and County Commission are invited so that they can be present. I mean,
obviously this is an important occasion.
Mr. Fox: Yes, sir. Thank you very much, sir.
8. GRANT REQUEST MADE BY INTERNATIONAL FOLK FESTIVAL COMMITTEE TO
PERMIT SALE OF BEER AT BAYFRONT PARK :SAY 12 THROUGH THE 15TH.
Mayor Ferre: We now have Mary Dordon of the International Folk Festival
for permission to sell beer. Mr. Manager, does the Administration have
any objections to the Folk Festival selling beer at Bayfront Park?
Mr. Gary: No, sir, Mr. Mayor, since we have set this precedent for festivals,
provided that we establish some stipulations by the Police Department in terms
of the sale and utilization.
Mayor Ferre: Well, go ahead and stipulate them so that we can...
Mr. Gary: Well, we can let them know.
Mayor Ferre: All right, in other words - is there therefore a motion to
permit the sale of beer for the International Folk Festival this year, s
provided that all the stipulations that are requested by the Police Depart-
ment are adhered to.
Mr. Carollo: So moved.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: It has been moved and seconded. Further discussion?
Is there anything else you want to add to it?
Mr. Gary: Mr. Mayor, just for the Commission's information, this is our
event, so we will be controlling it. They are assisting us with our fair.
Ms. Mary Bordon: That is right. This is the City's own International Folk
Festival.
13 APR 28 1983
id
0 410
Mayor Ferre: All right, further discussion?
Ms. Bordon: Can you give us more clout by saying it is May 12th to
May 15th? Thank you.
Mayor Ferre: All right, we will all be there with Alka Seltzers in pocket
Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved its
adoption:
:LOTION NO. 83-341
A MOTION OF THE CITY COMMISSION GRANTING A REQUEST MADE
BY REPRESENTATIVES OF THE INTERNATIONAL FOLK FESTIVAL
COMMITTEE TO SELL BEER AT BAYFRONT PARK, MAY 12 - 15,
IN CONNECTION WITH THE HOLDING OF SAID FESTIVAL, SUBJECT
TO ALL REQUIREMENTS IMPOSED BY THE MIAMI POLICE DEPART-
MENT.
Upon being seconded jy 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: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
9. BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF DISCUSSION OF SISTER
CITY PROGRAM.
Mayor Ferre: Mr. Marcus Kholy or the Sister City Program. Are you here
representing that? There is a request by the City of Bogota to send City
of Miami Police to assist in the police problem - Sister City.
Unidentified Speaker: Oh, I wasn't here on that item.
Mayor Ferre: Is Marcus Kholy here. All right, Mr. Kholy.
Mr. Marcus Kholy: Mr. Mayor and Commissioners, we have a request from
the Mayor of...
Mr. Gary: Excuse me, Mr. Mayor. Before he explains it to you, I think
it would be aprropriate for him to come and tell me what he is getting
ready to tale about. first.
Mayor Ferre: Oh, absolutely! I thought that had been done. Have you
talked to the people in Administration about this?
Mr. Gary: No, he hadn't.
Mayor Ferre: I apologize Mr. Manager, and we will skip over that for a
second.
APR 28 1983
14
ld
E
10. ALLOCATE $15,000 TO "DANCE MIAMI" WITH FURTHER CONDITIONS.
Mayor Ferre: Now we have the request of Mr. Arthur Curtis of "Dance Miami".
Is the representative of "Dance Miami" here? All right sir. Mr. Curtis,
as I recall, the City of Miami in the past has been supportive and would
you define what it is we did for you in the past and what Metro did and
what other government agencies have done and then why you have a $50,000
problem and why the City of Miami should bail you out.
Mr. Arthur Curtis: I will do my best. My name is Arthur Curtis. I live
at 1718 S. W. 23rd Terrace. I am Artistic Director of "Dance Miami" and
have been for three and one-half years. I have here in front of you the
Dance Company and many of our supporters from many other Arts organizations
from Ballet Concerto, from the Miami Opera, from the North Dade Campus of
Miami Dade, from Players State Theatre and members of my board. We were
formerly Grove Dance Theatre up until a year and one-half ago. We have
been in this city for eleven years. It is National Dance Week. Governor
Graham has just proclaimed that this week be Dance Week in Florida. We
are the oldest modern dance company in the Southeast. We are the only
Miami arts organization to present premiers in New York City and the only
Miami arts organization that tours outside of the State of Florida. In
our history we have performed more than three hundred fifty concerts for
school children in Dade County. We presented thirty-five world premiers
of chorography and this year alone have performed thirty-seven times in
the City of Miami. I am sure that you are aware from the press that we are
in a crisis state with our financial problem. Fiscal -:ear 1983, a year
punctuated by great artistic growth for this company %as been difficult
for us financially. In an economic recession, our regular donors have
been able to supply us with less than half of the dollar support they were
able to supply us in previous years. As we reach out to the community for
increased support, we found that the New World Festival deficit and the
American Ballet Theatre premier committee had been there ahead of us.
Discretionary dollars were down and already committed. The County ad
valorem tax and the City of Miami Special Events budget had been axed
Our budget of less than $250,000 is small for a group of this size. We
are funded by the Florida Arts Council, the Dade County Council of Arts
and Sciences through the Tourist Development Commission, the Janet Hooker
Trust and beginning in October, the National Endowment for The Arts in
Washington, D. C. In our eleven year existence, more than one million
dollars has been invested in us. More than 90% of that amount is spent
right here in Dade County. We are very proud of our critical acclaim in
the local and national press. Our growth has been constant, and it is
continuing. We are a vibrant and valuable asset to this young and excit-
ing city. We ask your wisdom in considering our request for $25,000, which
we will ask Metro -Dade County to match. You have shown that wisdom before
in supporting the New World Festival and the Coconut Grove Children's
Theatre, and for that we applaud you. For this investment, you retain a
one million dollar investment which would cost three to five million dol-
lars to replace and we will pay accumupated Federal taxes, four weeks of
back salary for our artists and staff. We will finish our year in June
with the International Dance Competition of the Americas which we share
with Ballet Concerto Company. Next year we will tour extensively in the
State and the Southeast. We will be resident artists with the Santa Fe
Opera Company in New Mexico and the Jacob ?hillips Dance Festival in
Massachusetts and in New York and perform our second season with the
Great Miami Opera. In all those places our presence will be saying much
that is good and beautiful and mature and seldom said about this community.
We carry the City's name with pride all over the country. We hope you
will help us continue that in the future. Are there questions?
Mr. Kenneth Kahn: Kenneth Kahn, Director of the Dade County Council of
Arts and Sciences, 13376 S. W. 134th Street. I jue.ct wanted to attest to
the fact that the Dade County Council of Arts and Sciences has provided
$50,000 towards the upcoming dance competition that will bring national
Id
15 APR 28 W3
0 do
and international recognition to this City and to this County and that I
think that the destiny of the arts in both the City and County are tied
up inextricably. There is no way to divide them - that we support "Dance
Miami" and that we hope you will view favorably their request for funding.
Mayor Ferre: Mr. Kahn, let me understand now. The County has in the past
supported, and you are going to be putting up $50,000?
Mr. Kahn: We have put up $50,000.
Mayor Ferre: You have, yes. Now, I understand further that the request
is for $25,000 from the City and that the County is going to put another
$25,000, so it is a matching fund.
Mr. Kahn: The County, as I understand it, will be requested to make a
matching contribution of $25,000 beyond the $50,000.
Mayor Ferre: Okay well, I want to tell you I can only speak for one out
of four people here. I personally am going to be supportive, but it is
going to be conditional on the County matching our $25,000 in addition to
the $50,000 they have already put in.
Mr. Kahn: Mr. Mayor, I can't speak for the County Commission. Dade
County Council of Arts and Sciences discretionary funds are depleted. It
will be a Commission decision.
Mayor Ferre: I understand that.
Mr. Kahn: But furthermore, next year we are searching for restoration of
the property tax money to fund local arts development for which "Dance
Miami" would be eligible and we hope for a future with them.
Mayor Ferre: I have one further thing before we open it up for discussion
in the Commission. I know that there are representatives of here of
Ballet Concerto. Could we hear from them? Let me be very specific as to
what my concern is. Unfortunately, all of the dance companies other than
yours has gone down the drain and therefore Miami, right now, other than
Ballet Concerto and your operation are devoid of professional dance com-
panies at this time. I think that is...I hate, and I say that deliberately,
to have to agree with the Miami Herald on anything, because I go out of my
way to read editorials that I know I am -right when the Herald disagrees
with me, and that confirms how right I am in my convictions. And when I
pick up the Herald and find that we are in agreement, I worry a great deal
as to whether I not making a mistake, but today's editorial, unfortunately,
I have to completely agree with and I think we have a real responsibility
to make sure that professionalism in dance does not die in Florida. We
are the only ones keeping it alive, so we have a real serious responsibility
here. But, I am concerned that this...we have another dance company here
called Ballet Concerto who has really been struggling for years and years.
It is mostly Cuban -American, but what they have done is absolutely spectacu-
lar and they struggle and plod and they have survived, and I happen to
be very proud of their achievements and I want to make sure that this in
no way creates any kind of a problem or a conflict and that you are sup-
portive.
Ms. Ali Castellanos: Thank you for your kind words. My name is Ali
Castellanos, and I am Managing Director of Ballet Concerto, 724 Palermo
Avenue, Coral Gables. Thank you again for what you just said. As Managing
Director of Ballet Concerto, I just wanted to clarify something about the
$50,000 award we have concerning Dade County. That is tourist tax money
and that is a separate project in which Dance Miami and Ballet Concerto
will be hosting the Dance Competition of the Americas to be held at Gusman
Cultural Center downtown between June 16 and June 25th. That $50,000 does
not go directly to Dance Miami. It is a project that we are both sharing
and it is tourist tax money and the sole intent of that is to promote
tourism - to bring competitors, their families and everybody else that
comes to Miami during that ten day period.
Mayor Ferre: Does that mean you are supporting this?
Ms. Castellanos: I support it of course. We have to dance together, so
Ballet Concerto and Dance Miami are going to be doing the clear graphic
16 APR 28 1=3
i 0
aspect of the competition, so Dance Miami does need support to continue to
pay their dancers to perform in this competition, or else they are going to
be in bad situation.
Mr. Carollo: Where are you all located at? Coconut Grove?
Mr. Curtis: The studio is in Coconut Grove, 323 Grand Avenue.
Mr. Perez: What kind of minority participation do ycu have in thb company?
Mr. Curtis: In our company? It depends on what you call a minority.
If you mean Spanish and Afro -Caribbean, we have - Rodney, will °:ou stand up?
At this moment we don't have Spanish dancers in the company. There are
only nine dancers in the company.
Mayor Ferre: They are all here, aren't they?
Mr. Curtis: They are here. People, stand up, please. Look hungry!
Ms. Castellanos: I this project, if I can say something, Ballet Concerto
makes a difference for the Hispanic minority, okay?
Mr. Curtis: We try, Ballet Concerto and I, to share anything that we pos-
sibly can to make life possible here for both of us.
Mayor Ferre: All right, Mr. Manager, you want to add any words of wisdom
to this process, or do you want to just stay out of it?
Mr. Gary: Mr. Mayor, I just hope that the Miami Herald and the Crime
Commission would be as adamant about raising private dollars to fund
these kind of things as they should be. I'd like to add, Mr. Mayor, that
the Tourist Development Council, which raises monies from the City of
Miami hotels - this gets back to the position I took with regards to just
how, for lack of a better word, mismanaged that whole operation is in terms of the
benefits to the City of Miami is not getting, even though we give most of
the money and it appears that they should be the ones financing that 100%.
I would like to add that they have just identified one of their activities
being giving service to the school system and I would like to know what
amount of money the school system is contributing, because it appears
that every time the school system and Dade County is always dumping on us
to finance things that they should appropriate money to do.
Mr. Carollo: You have a good point, Mr. Manager. If I may ask another
question? Who is the Miami Herald did you speak to on this?
Mr. Curtis: Who did we speak to?
Mr. Carollo: Yes.
Mr. Curtis: Well, my primary communication is with Lary Horne of the Arts
Staff - Lory Horne.
Mayor Ferre: Is that you?
Mr. Curtis: That is Lory.
Mayor Ferre: Okay.
Mr. Curtis: She is a dance critic for the Miami Herald and when we put out
the panic ten days ago, the Herald Staff - it sort of went through like
wildfire, thank God!...and they have been very supportive of us.
Mr. Dawkins: What donation did the Herald make? They are asking the City
of Miami to make $25,000...
Mr. Carollo: That is the area I was going into.
Mr. Curtis: So far nothing at all, other than free advertising. They do
give us that to promote any of our concerts.
ld 17 APR 28 1923
Mr. Carollo: I hope Lory doesn't take this personally, but I think that
those wise old men that sit up there on Mt. Olympus, where there is no
windows - they can't see what is happening in the real world; I would be
very glad to make the motion to approve $25,000 to you, as long as the
Miami Herald puts their money where their mouth is and puts up $25,000.
So, that is my motion. I will be willing to...
Mayor Ferre: Joe, that is nice, and I think it makes a nice political
statement, and I subscribe to the statement, okay?
Mr. Carollo: Well, fine, Maurice. It is not a political statement. It
is a reality!
*Mayor Ferre: I will recognize your motion, Joe, but I just want to say
that why castigate these people for...
Mr. Carollo: I am not castigating these people!
Mayor Ferre: Well, sure, because you are making it conditional on what
the Miami Herald does, and the Miami Herald becomes then the battering
ram on this.
Mr. Curtis: Excuse me. Mayor Ferre, let me clarify something for the
Herald. When I say the Herald gives us free advertising, last year for
just one of onr events, they gave us in actual cash value $16,000 in free
advertising, and that is not to sneeze at!
Mr. Kahn: Another point, Mr. Mayor, responding to City Manager Gary's
comment - the clear majority of funds for cultural and special events from
our tourist tax money goes for events in the City of Miami every year. The _
majority of our funds, whether it is $500,000 or $750,000 goes back to _
City of Miami projects. That is clear.
Mr. Gary: No, we throw it in the t:ay and let it sink like the Miami
Festival that we had.
Mr. Dawkins: Mr. Gary, what facilities do you have in the County to
perform in?
Mr. Kahn: There are numerous facilities, but as you know, we are...
Mr. Dawkins: That is why you perform in the City, I mean that goes...
Mr. Kahn: No, we fund groups that are based in the City, whether it is
facility based or not, but these are groups in the City and I would say
that in the future we are committed to local arts development in conjunc-
tion and collaboration with the City of Miami. The two are inseparable
in terms of arts development for this County.
Mr. Carollo: If I may have the representative from Ballet Concerto come
up again. What percentage of your company is Hispanic or Black?
Ms. Castellanos: 90%.
Mr. Carollo: 90%, and how much are you asking for today on your own?
Ms. Castellanos: No, sir. We are here supporting Dance *Miami. We are in
a joint venture with the Competition of the Americas in which if Dance
Miami does not get salaries to support and maintain their dances, we will
have difficulties in completing this competition in June.
Mr. Carollo: In other words, you do not require any funds for your group.
Ms. Castellanos: If you have some left over, we will take it!
Mr. Carollo: No, but I will tell you this - that I am surprised that the
Miami Herald did not mention anything about some of the other groups that
do have 90% minorities at the same time. I think that it speaks well of
your group that you can find the budget from other sources, and not
going to government to provide the funds. See, what is happening here is
ld 18 APR 28 1983
0 0
that the minute the word has gone out that this Commission has been very
generous in providing funds. We are getting, I think, everybody and their
uncle in town that needs funds coming to the City of Miami Commission for
funds! And the buck has to stop somewhere. We have to set priorities.
For a city that is the sixth city in the country that is in the poverty
level, I think our priorities should be focused in other areas. I am not
trying to take anything away from the efforts that you all have done, and
I think you should be complimented for it, but we don't have that big of
a budget compared to Dade County government, or.even compared to Knight-
Ridder. Our budget is really a very humble budget for a city of this size,
and we have some very major commitments. We have tens of thousands of our
people that are asking for new homes to be built. The monies are there.
We have thousands of people that are roaming our streets in different
parts where maybe they don't have a place to go or to eat this afternoon.
So, my position is, we should look at our priorities and if the people from
the Miami Herald that seem to know everything about everything - jack of
all trades, master of none and never sign their name to an editorial, I
think that if they feel so sure of this, I think they should put up their
money - put it up front. If that is the case, I will make a motion to
put up an additional $25,000 - you are going to be the winner, so my
motion is that we do not approve this. Our priorities are somewhere
else in this City.
Mayor Ferre: All right, I thought you were making a motion that we would
put up $25,000 if the Herald put up $25,000, and I would like to add to
that that Metropolitan Dade County put up $25,000. Is that the motion?
Mr. Carollo: Fine, we will make it in that form then, Mr. Mayor.
Mayor Ferre: All right, is there a second to that motion?
Mr. Perez: Second.
Mayor Ferre: All right, it has been seconded. Now, let's understand
exactly what that motion means. The City of Miami therefore will come up
with $25,000 grant, provided Knight-Ridder Newspapers, their affiliates
or associates come up with the $25,000 grant and as you said, that
shouldn't be too hard, since they gave you $16,000 last year for adver-
tising and Metropolitan Dade County, other than the budget that goes to
the T.D.C. earmarks specifically $25,000 of County funds to help you, so
it is contingent on those two...
Mr. Carollo: We are talking about cash.
Mayor Ferre: Well, sure.
Mr. Curtis: Are we talking about cash or "in kind"? The Herald normally
gives us "in kind".
Mayor Ferre: Well, I will tell you, you know, for example - we rent out
our Coconut Grove Exhibition Hall. We give the person cash and they
give us the cash right back, so it doesn't mean anything, whether it is
in cash or in kind, it is the same thing, because they give you $25,000
in cash in a check and then you pay $25,000 for advertising, one thing
wipes out the other.
Mr. Carollo: Yes, see, the reason I don't want to include the "in kind",
in this Mr. Mayor, is that really is not fair in the dollars that they
actually spent. For instance, not including what they spent in attacking
the rest of you, they spent close to $200,000 attacking me up front, so it
is not fair to include that, but I think that while maybe you don't feel
too happy about this now. Comes next week, you will feel happy when you
end up getting an additional $25,000 that you were not expecting!
Mayor Ferre: Further discussion? All right, call the roll.
Id 19
APR 28 1983
r
The following motion was introduced by Commissioner Carollo, who moved its
adoption:
MOTION NO. 83-342:
A ;POTION APPROVING A REQUEST FOR FUNDS AND GRANTING THE
AMOUNT OF 825,000TO "DANCE MIA,*II" SUBJECT TO SAID COM-
PANY RECEIVING LIKE AMOUNTS IN MATCHING FUNDS FROM BOTH
METROPOLITAN DADE COUNTY AND KNIGHT RIDDER NEWSPAPERS.
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: Commissioner Miller J. Dawkins
ABSENT: Vice -Mayor J. L. Plummer, Jr.
ON ROLL CALL:
Mr. Dawkins: I am going to have to vote "no", for the simple reason that
I would not want to bind this to the Herald producing $25,000. I do feel
that the County and the City should provide $25,000. I have no problems
with forcing the County to provide $25,000, so for that reason, I vote "no".
Mayor Ferre: Well, let me explain my vote. I am going to vote with the
motion because I don't see that there is any way - no other way of moving
ahead on this, since I don't think we have enough votes here, just to pass
it on a simple... I've got to be pragmatic. I said in the beginning and I,
with all due respects to my colleague Joe Carollo, I don't think that
Dance Miami should in any way be held accountable for what the Herald does
or doesn't do and in effect what we are doing is, we are penalizing them.
On the hand, I think pragmatically the Herald may not like the implications
of this, but they are already giving you $16,000. I am sure that the
Knight-Ridder Foundation and their associates and affiliates are extremely
generous and the Knight Foundation - I don't think you will have a problem.
I really think this is one of the main cultural assets of this community.
We cannot afford to lose it. I am totally confident that Metropolitan
Dade County will give you the $25,000. I will personally go there, if you
want, with you before the County Commission to plead and I think you will
be all right, so I think you have accomplished what you came here to do.
I think you have to understand that we do live in a community and no man
and no issue is an island by itself, so sometimes these things come in
tandem tied to other issues and it is next best that you have to accept
life the way it is, so I vote "yes".
Mr. Gary: Mr. Mayor, would you ask him to provide us with a detailed
budget too, please sir?
Mayor Fer-.,^! Yes, sir. Part and Parcel of this is the approval of the
Adminis oration as to form and that you are complying with all of the
rules and regulations of having audited reports and whatever other
conditions the Manager is going to require on a practical basis, all
right? Is that all right, Mr. Manager?
Mr. Gary: Yes, sir.
11. INSTRUCT CITY *'.ANAGER TO PUT MATTER CONCERNING RENT OWED BY
THE MIA11I DOLPHINS ON THE MAY 12TH AGENDA AND DIRECT THAT NO
FURTHER ACTION BE TAKEN UNTIL THIS MATTER HAS BEEN DISCUSSED.
Mayor Ferre: The only other thing that I have left is the Miami Dolphins.
Mr. Manager, there is a legal letter pending dealing with the cancellation
of the contract of the Miami Dolphins and I know that some of my colleagues
have very strong feelings on this and they, I am sure, will express them-
selves. I am sorry J. L. is not here, but I am sure he will have ample
APR 28 1983
ld 20
0 0
opportunity to express themselves on this issue also. Now, I want to make
very clear, so that the press does not misunderstand, because I don't think
my position has been expressed very clearly. Mr. ;Tanager, I am supportive
of what you have done and what you are trying to do. I commend you for it.
I think it is intelligent and it is the right thing. My only concern is
not what you are doing, but when you pull the trigger. I guess what I am
saying is, that if you have a gun that is loaded, and you apprehend some-
body stealing (maybe I shouldn't use that analogy) and you apprehend some-
body doing something wrong and he stops, I don't necessarily think it is
necessary to shoot him to stop him. Now, the issue before us, and I think
this is where we need to specify, is that the man...they keep talking about
the Dolphins - it is not the Dolphins that we have a problem with. It is
Joe Robbie., not the organization the Dolphins. The problem is that Mr.
Joe Robbie insists on not paying what is a contractual obligation. Now,
our capable City Attorney has gone to court on that and that is before
the court. Now, it seems to me that that is the main issue. What happens
is that out of that comes an opportunity and the opportunity is to renego-
tiate what is obviously a bad deal for the City of Miami, since Mr. Joe
Robbie is paying one-third of what the going price for a stadium and these
facilities are nationally, so he is got, without any question, a sweetheart
deal. There is no question about that. Now, I am the only person on this
Commission, I think, other than Plummer who voted for that sweetheart deal
and Dan Paul, who happens to be in the room was the lawyer who negotiated
it at the time and what happened was that Dan Paul was a pretty sharp
lawyer (we had a good lawyer too in George Knox) but, Joe Robbie got the
better of us. Now, that is a fact.We admit it, I admit it and the record
is there. The question now is, whether or not we disrupt the existing
contract and we can legally do it. My personal position is this. You have
the gun. The bullet is in the gun and the hammer is cocked. There is no
need to pull the trigger at this time. You can always pull the trigger.
I wish to - and I know that this is going to open up a hornet's next - but
I think we are going to have to do this. As you know, the Oakland Raiders
are presently in a lawsuit for right of Eminent Domain - using the Right of
Eminent Domain to purchase the football team for the City of Oakland.
That is presently before the court. It is being heard in May. I have re-
quested from the City Attorney and the City Attorney has given to me and
you have copies of it of all the proceedings in Oakland - the legal standing
on the right of Eminent Domain argument in the taking by the City of Oakland
of that football team. I have a memorandum now before me on the matter of
City vs. Robbie dated April 27th in which I asked the City Attorney to
explain whether or not there is any jeopardy to Miami's position in the
right of Eminent Domain, should in the future, this or a future Commission
wish to exercise it, provided however, that the Oakland case is heard and
won, and nobody can guarantee that. Now I want to read from the memorandum,
and I quote:
"You have now asked whether determination of the lease between the
City and the Dolphins would weaken the possibility of successfully
exercising the power of Eminent Domain, should the City decide to
do so in the near future."
Further in the paragraph, the conclusion is as follows:
"The greater the quantity and quality of the links between the
City and the Miami Dolphins, the more convincing the case for
taking for a public purpose will be. Conversely, the fewer the
links, the more difficult it becomes to establish a public pur-
pose for the taking. Accordingly, your first question is ans-
wered in the affirmative."
The second question I asked, "Well, how long do we have?" I mean, if we
don't exercise our right in a week, in a month, or a year, are we losing
the right to cancel the lease? And since the Miami Herald and the Miami
News have both gotten the facts wrong, I want to make sure we understand.
The cancellation of the contract has nothing to do with past payment. It
has absolutely nothing to do with that. The public is misinformed, be-
cause it has not... there has been linkage between past due payments and
the cancellation of the contract. Cancellation of the contract has abso-
lutely nothing to do - may I repeat - with the payment or the non-payment
of the three games that are due the City of Miami. It is a totally dif-
ferent matter. The reason why they are delinquent and the reason why
they are illegal in their posture in the contract has to do with their
21 APR 2 8 1983
4b i
non-compliance on a basic issue dealing with insurance. It has nothing to
do with non-payment. The Miami Dolphins can pay the 5135,000 they owe us
tomorrow and we still have a right to cancel the contract because that is
not the point where they are in conflict. That has been totally misunder-
stood by the public and the press, and I would like to ask the City Attorney
to clarify that so that we are not traveling on delusions or erroneous infor-
mation that bring us to false conclusions. Now, finally, Mr. Manager, you
all know that the Miami Dolphins has through Mr. Joe Robbie, the owner,
declared they will not play in the Orange Bowl beyond 1986. Mr. Robbie
has made that as a continuing and continuous statement. Now, so we know
that what we are talking about is another three years. I am not in any
way making a public announcement, so please do not misunderstanding. I am
not saying that we are going to start proceedings of Eminent Domain. I will
however say as long as I am Mayor, and as long as I have a voice in this
community of any kind, Mayor or not - if and when the Miami Dolphins de-
cide that they are going to take their team out of the Miami area, and if
the City of Miami has the legal right to use the powers of Eminent Domain
as established in the Oakland Raiders case, I want to go on public record
so that it is clearly understood that Miami will not be without a football
team, and if somebody doesn't move in quickly to fill the vacuum in the
franchise, I see no reason why this City and this community should not use
the powers that are within our legal rights to assure that situation. Now,
I don't want this to be misunderstood. I am not threatening Mr. Joe
Robbie. It is not my intent, nor do I want the City at this point to get
into a legal battle of Eminent Domain. I do want to say on the record that
we are going to pursue fixing the Orange Bowl. There is a committee func-
tioning on that. The Manager has his representatives functioning on that.
Mr. J. L. Plummer is a member of that committee and that matter is moving
along hopefully nicely now, where someday we are going to have an upgraded
stadium that will cost us $35,000,000 to do and I think there are ways of
doing that, and we are working on that. Now, this is serious business,
and I do not think (one) that we should weaken our legal position with
the Dolphins by pulling the trigger on the matter that would weaken our
posture if we ever get in to a posture of Eminent Domain, and (two) and
this is my question, do we lose our rights? Now the conclusion in the
April 27th legal memorandum, page two, states as follows:
"Norton vs. Jones, 83Florida8l-90S0854-1922 accordingly, there is
no specific time within which the City must exercise its right to
terminate the lease, but the City must do so before the Miami
Dolphins, through the reasonable creation of adverse right,
make it inequitable for the lease to be terminated."
Now, Mr. Manager, seeing that the payment of the past due amount has nothing
to do with the violation of the termination aspect of it, as explained to me
by the City Attorney and I am going to ask him to make it public in a moment,
I feel that we certainly have time, since in Bob Shevin's answer to the
court Monday evening, which is now public record, he in effect, takes on
the issue that we claim is the right, which is an insurance issue. They
say that that one they are going to contest. I mean, they are going to...I
think we have plenty of time before that is made good, since that is the
premise for our cancellation, so I would recommend that we do the following -
this is my position now - that you not sign that letter for the time being;
that you let the natural course of events, so we can get the payment issue
behind us; that we ask that Mr. Robbie show good faith by letting this matter
go before the court for a summary judgment and that we revisit this issue at
the next Commission meeting, which is May 12th, should Mr. Robbie continue
to put roadblocks for proper adjudication of this issue before the court,
because what they are doing is you know, is just stalling. They are figur-
ing out ways to stall us. If they continue to stall, then I think we have
to revisit the issue, but I don't think this is the time to do that.
Mr. Dawkins: Mr. Mayor, before you hear from the Manager, since my position
is contrary to yours, may I state mine now?
Mayor Ferre: Yes, sir.
Mr. Dawkins: Okay. The Dolphins is a business. Mr. Robbie is a business-
man, and although we look at football as entertainment, it is strictly big
business - megabucks! Mr. Robbie had a contract with the T.V. industry
which said that whether he played those games under the contract or not,
ld 22 APR 2 81983
he had to be paid. The T.V. industry paid Mr. Robbie for those games that
he refused to pay us for. Now, what gives him the right to demand payment
under his contract, and refuse to pay us under ours? The City was required
to keep the stadium at ready. That is, we had to maintain the stadium to be
ready to play whenever the strike was ended. We incurred costs doing this.
Had we not had the stadium at ready, and Mr. Robbie had lost money by us not
having the stadium ready, there is no doubt in my mind that we would be in
court todav with Mr. Robbie for him to recoup any losses that he acquired.
Number five, now he wants the City of Miami to subsidize the Dolphin owner-
ship. As the Mayor said, not the Dolphins - we have no problem with the
Dolphins. It is the Dolphins ownership. The people who pay the taxes in
the City of Miami are now asked to waive a legitimate cost by contract that
is owed to the City and make another concession to the sweetheart deal, as
the Mayor has said, that Joe Robbie already has. Now, it is my opinion that
this Commission must bite the bullet and say to Mr. Robbie, honor your con-
tract with us the same as the T.V. industry honored its contract with you,
and we should not say - I agree with the Mayor, as the other part should go
to court, but this Commission should not sit here and not bite the bullet
and say to Mr. Robbie - "Pay us what you owe us". That is my opinion.
:Mayor Ferre: Miller, let's not misunderstand. I am in total agreement with
your statement. In other words, we should pursue this lawsuit vigorously.
Now, my problem is, should we cancel the contract, and I don't think this is
the time for us to cancel.
Mr. Dawkins: If he doesn't pay it, he is canceling it, Mr. Mayor! In my
opinion, if Mr. Robbie does not pay us that is the...
Mayor Ferre: But that is before the court. Shouldn't we wait for the
court to decide before we cancel the contract?
Mr. Dawkins: Okay.
Mayor Ferre: See, the question is, do you want to cancel the contract
today, or this week, or do you want to wait until the court finishes, and
that is my position. Let's wait until the court finishes before we...
Mr. Dawkins: But when the court finishes, he can't come up and pay now
and say because I lost in court I am going to pay you your money.
We cancel it. If we win in court, the contract is canceled. That is what
I want to do. Mr. City -Attorney, give me an opinion here. How we can we
word this to state that in the event that Mr. Joe Robbie takes us to
court, as we already are, and Mr. Robbie loses the case, then everything
that we have discussed is moot, because the current contract is automatically
cancelled. How can we do that?
Mr. Garcia -Pedrosa: Commissioner, I don't think we can do that, :Number one.
Number two, I feel that the timing is such that by the time we finish in
court, the lease will probably be over.
Mr. Gary: Mr. Mayor...
Mayor Ferre: Look, again, let's not mix apples and oranges. The situation
is very simple. We are in court. I think we should wait until the court
concludes. Mr. City -Attorney, would you, on the record, clarify this whole
issue of the cancellations of whether or not it is pending on payment, be-
cause I understand cancellation letter has nothing to do with the payment.
It has something to do with another issue that he violated in the contract.
Would you explain that?
Mr. Garcia -Pedrosa: Yes. Let me apologize first for my voice, Mr. Mayor.
Whatever was ailing the City Manager last week, he has managed to give to
me. The good news is that the City Manager is in great shape! The con-
tractual provision that gives the City the right to terminate this lease
is found in Paragraph 32 of the lease, and it provides in part as follows:
"In the event of any default on the part of partnership, or viola-
tion of the terms and conditions of this agreement, or any part
thereof, City is hereby irrevocably authorized at its option to
cancel this agreement, unless the default or violation is cured by
partnership, or may be cured by the payment of money, or by action
within the power of the National Football League..."
23
APR 281983
W
ld
0 i
and then it goes on to give the 30 days notice. So, the question of cancella-
tion in this instance, Noes not directly relate to the non-payment of the
$135,000 in back rent. The trouble though is, that the issue of cancellation
is not before the court at this time. Neither side has put it before the
court and the court does not generally render advisory opinions. So, that is
why I answered your question, Commissioner, before the way I did. We are
litigating essentially three questions. Actually, we are going to litigate
four now, because they filed a counter claim which says we did not provide
them enough ushers and ticket holders and ticket takers, and so forth, and
I think you ought to know that that is the first time that issue has been
raised. Aside from that new issue, we are really litigating three questions.
The back payment of rent; the requirement that insurance be afforded the
City of Miami, so that if somebody gets hurt, we are protected.
:Mayor Ferre: Which reduces all our profits. I might mention it is not
only the stadium - any property, any facility of the City of :Miami has to
have proper insurance to protect us from lawsuits. We are not picking on
the Dolphins!
Mr. Garcia -Pedrosa: No, and Mr. Mayor, in fact, for the first three or
four years under this lease, Mr. Robbie gave us that insurance coverage,
and then he changed his mind and decided he didn't have to give it to us
anymore, and so in 1980 he procured an amendment to his insurance coverage
which no longer affords us that insurance. Then the third issue is the
performance bond, the surety bond that the Manager had the right to re-
quest and to invoke and did request and that they had also refused to
provide. So, the issue of cancellation may fall out of one or more of
these issues, but in itself, it is not presented at this moment to the
court.
Mr. Dawkins: But if he doesn't pay us, then he is saying to us "To hell
with the City Commission, I run the Orange Bowl, I do what I want and any-
thing I do is all right with the City Commission!" - in my opinion.
Mr. Gary: I thought we got rid of George Knox, but Jose is doing okay over
here! I would like to say that the rent is one of the issues for which
we can cancel. That is one of the four. Secondly, I would like to correct
your characterization of Mr. Robbie. He is not standing still. I don't
have a gun. He is a fleeing felon who shot seven people for seven years,
and we are trying to stop him. Secondly, you have already alluded to the
fact that Mr. Robbie had a favorable deal. It appears that if it is a
favorable deal, Mr. Robbie will want to protect that. Thirdly, the letter
that was...
Mayor Ferre: What you mean is that a normal, logical person would want to
protect that.
Mr. Gary: Yes. Thirdly, the letter, Mr. Mayor, was not one that would
preclude Mr. Robbie from playing future games in the Orange Bowl. What
it is saying is, it is saying the thing that most people say when they
have a rental lease or any other kind of lease, whether it is an apart-
ment or anything else - prior to you playing any future games, you have
got to make good on your outstanding liabilities to the City, which means
you pay up and come here with clean hands and we will negotiate a new agree-
ment with you. I think that is the edge and the protection that we have for
the citizens that Mr. Robbie failed his contract requirement with.
Secondly, which Mr. Dawkins alluded to is that Mr. Robbie does not have a
hardship. He is trying to convey to the public he has a hardship because
he didn't play the games. He got paid....
Mayor Ferre: By T.V.
Mr. Gary: .... by T.V. and regardless of whether he got paid, he has a con-
tractual obligation and thirdly, we had to incur expenses to keep that
facility ready for Mr. Robbie when he decided he had to play.
Mayor Ferre: Again, Mr. Manager, I
My only question - you said that he
you that the use of deadly force....
Mr. Gary: Deadly force.
am in total support of your position.
is a fleeing felon. I might remind
Mayor Ferre: .... in the City of Miami, you cannot shoot a fleeing felon.
ld 24 A P R 2 8 1983
E
1-1
Mr. Gar-:: If he is. . .
;Mayor Ferre: Only if life and property, or
am saying to you is, this particular fleeing
stake yet, so don't pull the trigger on him.
ually.
if life is at stake, and all I
felon, there is no life at
Now, you may have to event -
Mr. Gary: But, :Mr. ;•favor, the deadly force policy says that if a felon is
fleeing and he has killed or shot seven people and he has jeopardized the
rest of the community based on his previous actions, you can shoot to
kill, but Mr. Mayor, I would like to add this - is that I agree with the
position that this City Commission has authorized me to take up to now.
I think the position we have taken is correct. I do, and this is some-
thing new that came to me when I came back into town. The only reason
that I would suggest that you back off of this position is based on the
fact that we do not want to preclude a right, as you have said to Eminent
Domain, which is a bigger picture in terms of the long-term solution for
the City of Miami and the long-term benefits to the citizens of Miami.
Mayor Ferre: With all Miami Dolphins. In other words, right now Mr.
Robbie may own the Miami Dolphins, but if he chooses to leave Miami, he
may not be the owner of the Miami Dolphins if we have any legal rights.
Mr. Gary: May I add, Mr. Mayor, that there is also another option whereby
you would not be foregoing that right and that is that we are all aware
that Mr. Robbie has to have some place to play. We are all aware that Mr.
Robbie can't find any other adequate facility other than the Orange Bowl
by this summer spring training. We are also aware that in order for him
to play, he has got to have a lease, so if wa cancel it now, we will have
another one by spring, because he needs it in order to play a game.
Mayor Ferre: Well, I just don't want to...I think it is not worth...this
is like a poker game, okay? ... and in my opinion it isn't worth at this
stage calling his bluff on it. Now, maybe we may have no other choice
and we may have to call the guy's bluff, and you may have to pull the
trigger, but I don't think today is the time to do it. Now, I will do
this anyway you want to. Do you want to do it in the form of a resolu-
tion, which I don't think is necessary, or get the consensus on the
Commission, or do you want to formalize it, or what?
Mr. Gary: Mr. Mayor, I think it would be appropriate, since this is
getting into realm of the policy of the Administration, if the Commission
votes in terms of postponing this to another time, or dealing with it now.
Mayor Ferre: All right, I will do it this way. I will make the motion
instructing the Administration that this matter be brought up for discus-
sion again on May 12th and that until that time, no further action be
taken by the City Attorney and the City Manager other than the pursual
of the matter in the courts vigorously and that we request formally that
that Mr. Robbie not stall this lawsuit any further and that he permit his
attorney to go to summary judgment, so that we can get a determination
by the court whether he is right or we are right. There is no reason why
we couldn't go to summary judgement and I think let the courts decide it!
One that is decided, that issue is over. Now, the other issue is something
we will have to deal with. There is no question that it is typical of Mr.
Robbie in the way he has treated this community. It is totally wrong that he hps
paid the insurance for three years and then left us without it for the rest,
and it is typical of the "all for me" attitude of Joe Robbie.
Mr. Garcia -Pedrosa: Mr. Mayor, I would not want you to vote on that motion
thinking that the issue is going to be resolved by May 12th.
Mayor Ferre: I didn't say that.
Mr. Garcia -Pedrosa: Okay, because that is not going to happen!
Mayor Ferre: I think what we are doing here is telling Mr. Robbie that
we are showing some good faith and that we hope that he will instruct his
attorney to bring this matter to a conclusion before the judge and let the
judge make the final determination, so we can get orwith it. Now, if
Mr. Robbie doesn't do that, and he continues to battle us, then I think we
are going to have to deal with it May 12th and a subsequent meeting, so I
formally make that as a motion. 25 APR 2 8 19B3
Mr. Carollo: There is a motion. Is there a second',
Mr. Perez: I second it.
Mr. Carollo: There is a second by Commissioner Perez. Is there further
discussion:
Mr. Dawkins: Discussion. I am going to vote against this montion, simply
because I do not feel that we should continue to spoon feed Mr. Robbie and
he hao no regard for this community. Mr. Robbie has a contract with the
City of Miami that he is not living up to, and if we continue to allow
Mr. Robbie and others not to honor contracts with the City, then there is
no sense in having contracts.
Mr. Carollo: I would like to say a few words. First of all, you know,
none of you here have seen the ;tanager out in the shooting range. I have
had the opportunity. In fact, I have had the opportunity to be with the
Manager and the Police Chief and I am surprised the Manager is such an
expert on shooting. That is what I saw at the shooting range, but I think
Howard, with your new found expertise in law, we might have to name you
City Attorney and name Garcia -Pedrosa City Manager! Shift the hats
around a little bit more. Being a little more serious now, I think that
what is basically happening here is that when you throw two bulls into a
ring, it is going to be for sure that sooner or later they are going to
ram heads with each other. This is basically what we have. We have some
very strong willed individuals with very large egos involved in this on
both sides and they are knocking heads. I think that the more that we
attack, or there is a counter-attack publicly the worse the situation is
going to get. Now, I have never been a believer in the cooling off period
that a lot of the bleeding-heart liberals are always talking about before
buying handguns, but I think in this one issue you are finding a new be-
liever in a cooling off period. I think that that is what is needed -
a cooling off period where the City of Miami Administration, members of
the Commission are going to stop the constant barrage of personal attacks.
We are not going to hear any from the other side and then we are going to
go back and sit down and work this out in a professional, civilized,
dignified manner - not attacking each other, where the only losers are
going to be the people of Miami. I think that hopefully, this will be
done and at that same time, hopefully, we will get an opinion from the
court soon. I think it is certainly wrong to be shooting at people
constantly and it is not going to get us anywhere. The only thing it is
going to do is make the other side become harder. The real issue here is
not dollars. The amounts that are owed are very small compared to the
overall picture. I think the real issue here are personalities, are
eeos. and Dride.I think that it is wise to have a cooling off period and
then hopefully tempers and egos and pride will be settled down somewhat
and we could be getting back to the business of promoting Miami, promoting
tourism and backing our Dolphins to win the championship this year.
Mr. Gary: Mr. Mayor, I normally don't respond to comments, but I think it
is important that I respond this one. First of all...
Mr. Carollo: Howard, excuse me. I disagree! You always respond to
comments, but go ahead! That was Joe Grassie that never responded.
Mr. Gary: Okay. First of all, it is not an issue of two bulls. I don't
consider myself a bull and I don't consider the City Attorney a bull. It
is not an issue of egos, because I am pretty sure that the City Attorney
and I don't have egos as big as Mr. Robbie. The issue is the City Manager
and the City Commission fulfilling their fiduciary responsibilities to this
City Commission and the citizens of Miami. We brought this before the
Commission. The Commission instructed me fulfill those fiduciary respon-
sibilities. Mr. Robbie is not at issue. We have a contract. The same
way I pursue Biscayne Rec. the same way I pursued the Reflections
Restaurant, the same I pursued other contracts, I am doing no different
then with Mr. Robbie. It has nothing to do with egos, personalities, or
name calling. It is an issue of my fiduciary responsibility in terms of
what you pay me to do. Thank you.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
ld
26 APR 2 8 19U
L�
Mr. Carollo: No, this is not for the public. The public portion will come
in a second. I guess I am chairing this now because the Mayor made a motion.
Mr. Perez: Could I ask something? When do you plan to move for the summary
judgment?
Mr. Garcia -Pedrosa: Commissioner, I can't move for summary judgment be-
cause as the Mayor correctly explained, despite Mr. Shevn's statements to
the contrary, he has been dragging this lawsuit out as much as he can.
For example, he presented a motion to dismiss count two on the Complaint
acid schedule it for hearing sometime in early May, that he has got another
motion to dismiss the entire complaint that hasn't even been scheduled for
hearing. He has filed a counter -claim, which, as I indicated to you, for
the first time raises some questions that no one has ever complained to
my knowledge about, such as the number of ushers and ticket takers and
the security and so forth and this is typical, classical defense lawyer
dragging out a lawsuit. The case legally at this moment is not in a posture
where I can move for summary judgment. The second point is this. Once a
case is in that posture and you move for summary judgment, the law provides
that you have to give the other side twenty days minimum between the time
you file your motion and the time it goes for hearing. I asked Mr. Shevin,
consistent with the Mayor's earlier comment, if he would be willing to
waive those twenty days. Let's put the issue before the judge immediately,
at least on the question of rent, and he refused.
Mr. Carollo: In other words what is ironic is, and I think this proves
my point, that before it is probably all over, the Dolphins ownership are
going spend well over that $135,000 in.question. Therefore, I think it
proves my point that there is a lot of pride, a lot of ego, in the way.
Unless there is any other questions, I would like to bring it to a vote.
Mr. Perez: Mr. Mayor, I would like to.- already I have seconded your motion.
Mayor Ferre: Have you seconded?
Mr. Perez: Yes, but I would like to add or make another motion - I would
like to try to encourage to reach a compromise between parties in order
to expedite this case.
Mr. Carollo: Okay, let's incorporate that into the motion. Would the
maker of the motion...okay, we will make that a separate motion, then.
Can we have the roll call on the orignal motion?
The following motion was introduced by Mayor Ferre, who moved its
adoption:
MOTION NO. 83-343
A MOTION INSTRUCTING THE CITY MANAGER TO PLACE THE SUB-
JECT OF THE CITY'S PENDING LETTER TO THE MIAMI DOLPHINS
FOR DISCUSSION ON THE MAY 12TH AGENDA; FURTHER DIRECTING
THE CITY MANAGER AND THE CITY ATTORNEY TO TAKE NO FURTHER
ACTION OTHER THAN THE PURSUIT OF THE MATTER BEFORE THE
COURTS; AND FURTHER REQUESTING THAT MR. JOE ROBBIE NOT
STALL THIS LAWSUIT ANY FURTHER; AND THAT HE PERMIT HIS
ATTORNEY TO GO TO SUMMAs.: JUDGMENT AND LET THE COURTS
DECIDE ON SAID ISSUES.
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: Commissioner Miller J. Dawkins
ABSENT: Vice -Mayor J. L. Plummer, Jr.
2"7
APR 28 1983
ld
Mayor Ferre: All right now I will recognize Commissioner Perez for the pur-
poses of making a motion.
Mr. Perez: I would like to instruct the City Attorney to try a reach a
compromise between both parties in order to expedite this case.
*Savor Ferre: I think it should be the City Manager and the City Attorney.
Mr. Perez: The City `tanager and the City Attorney, yes sir.
Mr. Dawkins: What is there to compromise, Commissioner Perez? He owes
us the money, and he doesn't want to pay. What is there to compromise?
Mr. Perez: According with the motion that we approved before, I think
that it is very clear that we are going to wait for a legal decision, but
I think that...
Mr. Dawkins: Yes, but whatever the judge rules, we are going with that, so
what is the compromise?
Mr. Perez: Yes, but the time for compromise is that we are requesting a
summary judgment and yesterday I met with Robert Shevin who was in my
office yesterday and he told me that he is in the best disposition to
try to reach that kind of compromise, that he would...
Mr. Dawkins: If he owes us $135,000, and he offers $35,000, would you
compromise?
Mr. Perez: You are right 100% and I share your position. I just want the
Manager and the City Attorney's position, but I think that if we are going
to wait for a legal decision, we cannot be waiting for a six month decision.
It has to be before the next thirty or sixty days. That is the question
that I...
Mayor Ferre: I might recommend to my colleague Commissioner Perez, that I
think there is always room for a settlement, and I am sure that the
"tanager, if Mr. Shevin wanted to make an offer, would sit down and discuss
it with him, but I think if you formalize it this way, frankly, it is going
to be perceived as a sign of weakness and what you are doing is really
weakening the Manager's bargaining position, and I think you really ought
to kind of leave that alone until next time, and if we have no progress
next time, then that is something you can always take up, but that
motion, even though I know the intention is good, what in effect it will
do, it will weaken the Manager's bargaining position. Anything else you
want to add?
Mr. Carollo: Not on that particular issue.
NOTE FOR THE RECORD: At this point, Mayor Ferre clarifies that in con-
nection with M-342 "Dance Miami" is to receive $15,000, as they had re-
quested not $25,000 as previously stated.
-----------------------------------------------------------------------
12. AUTHORIZE CITY MANAGER TO PURSUE BRINGING THE 1985 SISTER CITY
PROGRAM CONVENTION TO MIAMI.
Mr. Al Cardenas: For the record my name is Al Cardenas, 888 Brickell Avenue.
I came here as your Chairman for the Sister Cities program to get a consensus,
hopefully from the Commission to proceed on a proposal for 1985. Siter Cities
International, which is headquarted in Washington, D. C. has an annual con-
vention. A different site is picked each year for this annual convention.
The 1985 site is to be selected within the near future, and it was my hopes
and aspirations that the City of Miami would actively vie to become the site
for the 1985 Sister Cities International Program. What this entails of
course, is that all representatives of the different cities throughout the
ld
28 APR 28 1983
world who participate in the Sister Cities International Movement would be
present at such a site. I think it would be a culmination of our Sister
City's efforts by the program you folks in the Commission have decided to
undertake, you are, if not the most active, one of the most active cities
in the United States and I think it would be fitting for us to be the host
city for this event. The purpose of my being here is to request your
cooperation and a motion that the City Manager's office work with our
Commission to place its resources at its disposal.
Mayor Ferre: Does somebody want to make that motion?
Mr. Carollo: I make the motion.
:Mayor Ferre: all right. there is a motion made that the City administration
be instructed to pursue this matter of bringing the 1985 Sister City gather-
ing to Miami and to come back with a proposed recommendation and a budget
and all that.
Mr. Dawkins: Second.
Mayor Ferre: It has been seconded. Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved its
adoption:
MOTION NO. 83-344
A ;LOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
VIGOROUSLY PURSUE THE :'TATTER OF BRINGING THE 1985 SISTER
CITIES PROGRAM CONVENTION TO MIAMI; FURTHER REQUESTING THAT
THE MANAGER REPORT RACK AT A FUTURE MEETING WITH HIS RECOM-
MENDATION.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice -Mayor J. L. Plummer, Jr.
13. EXPRESS MIAMI CITY COMMISSION SUPPORT OF THE PRESIDENT'S
POLICIES IN CENTRAL AMERICA.
Mr. Carollo: Mr. Mayor, I have a pocket motion for the City of Miami Com-
mission to go on record supporting the policies of the President of the
United States in Central America....
Mayor Ferre: All right, I want to second that motion.
Mr. Carollo:.... agreeing that the national security of all the Americas is
at stake in Central America and that the United States has the moral duty
to protect the region against guerillas hacked by the Sovi.-t Vnion, Cuba
and Nicaragua.
Mr. Dawkins: There has been a motion and second by...
Mr. Carollo: And I would like to instruct the City Clerk to immediately
send a telegram with the intent of our motion to the President of the
United States at the White House.
ld 29 APR 2 819a3
t
Mayor Ferre: All right, I second the motion.
Mr. Dawkins: There is a motion has been made and properly seconded.
Any more discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoot:on:
RESOLUTION NO. 83-345
A RESOLUTION EXPRESSING MIAMI CITY COMMISSION SUPPORT OF
THE POLICIES OF THE PRESIDENT OF THE UNITED STATES IN
CENTRAL AMERICA; FURTHER EXPRESSING AGREEMENT THAT THE
NATIONAL SECURITY OF THE AMERICAS IS AT STAKE IN CENTRAL
AAMERICA AND THAT THE UNITED STATES HAS THE MORAL DUTY TO
PROTECT THE REGION AGAINST GUERILLAS BACKED BY THE SOVIET
UNION, CUBA AND NICARAGUA, FURTHER INSTRUCTING THE CITY
CLERK TO SEND A TELEGRAM IMMEDIATELY TO THE PRESIDENT OF
THE UNITED STATES, WHITE HOUSE, WASHINGTON, D.C. COMMUNI-
CATING THE CONTENT OF THIS RESOLUTION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Mayor Ferre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice -Mayor J. L. Plummer, Jr.
14. PERSONAL APPEARANCE: THELMA GIBSON RE: REQUEST OF FUNDS
FOR COCONUT GROVE LOCAL DEVELOPMENT CORPORATION.
Mr. Dawkins: I have got one pocket item, please.
Mayor Ferre: Go ahead.
Mr. Dawkins: Mrs. Gibson, would you come down, please? We instructed the
Manager to find some money for the Coconut Grove L.D.C. and at that time
the Manager said he could not provide the money until an audit had been
done, and now the audit has been done and Mr. Gary, is there any way that
we can find $8,300 for them for their L.D.C.?
Mr. Gary: Well, first of all, Mr. Commissioner, you all have approved
the increasing of these funds, but you made it based on a condition...
Mr. Dawkins: Okay, is there any way we can take it from that money you
got for the Miami Capital?
Mr. Gary: I am saying we can find the money.
Mr. Dawkins: Okay.
Mr. Gary: You have already agreed that should be done, but you wanted to
have an audit done first. We have identified the amount of money they
need. We have no problem with this, however, the audit disclosed that of
$2,618.96 - and you have it before you in my report - the unresolved part
of the cost - my position is before we disburse the money, that they pay
30 APR 2 8 1983
ld
is Is
that money back to the City out of their $6,250 local share, which they
are supposed to come up with. They are to submit, number two, an invoice
that documents the $1,000 in question - consultant costs. They should
submit evidence to the City that they have paid out payroll taxes in the
amount of $605.80. They must correct errors in the amount of $397.78,
which they made in the cumulative expenditure report. Once they have
complied with all of these requirements, which we think they can do, we
agree that they should proceed forward with the additional money, of
$8.300.
Mr. Dawkins: If we can get that done by next Friday, they get their
money next Friday.
Mr. Gary: Well, the onus is on them to...
Mr. Dawkins: That is what I am saying - if we get done next Friday, they
get their money next Friday.
Mr. Gary: Yes, sir, if this Commission says do it.
Mr. Dawkins: Mrs. Gibson, is that possible to get that cleared up now?
Mrs. Gibson: I would think so, Mr. Commissioner.
Mr. Dawkins: Okay, we don't need a motion or anything, do we?
Mr. Gary: And for the record, I think it is important to note that the
audit is not as bad as people have proclaimed it was and it is $2,600 in
terms cf the problem, as opposed to $23,000 they thought it was.
Mr. Dawkins: Okay.
15. REQUEST METRO TO POSTPONE CONSTRUCTION OF HUD DEVELOPHENT PROJECT
5-75 IN OVERTOW"1.
Mayor Ferre: All right, the Chair recognizes you on Item Number 37.
Mr. Phillip Samuel Davis: My name is Phillip Samuel Davis. I am an attorney
at law. I live at 409 N. W. 6th Street. I represent South Gate Villas Home-
owners Association, which is located from 401 N. W. 6th Street to 427 N. W.
6th Street. At this time I am also representing a group of senior citizens
from the Jack Orr Plaza Elderly Home located at N. W. 5th Street and 5th
Avenue. Sir, and Honorable Body, we have made an appeal to the Heritage
Conservation Board pertaining to the removal of trees at an area called
Culmer Gardens, which is bordered by N. W. 6th Street on the north, N. W.
5th Street on the south, N. W. 4th Avenue on the east, and N. W. 6th Avenue
on the west. This particular area has also been designated by the County
as H.U.D. Project 5-75. Presently the County is building a low income hous-
ing development at that particular location. I have at this time to offer
several maps to the Commission here so that you will be able to identify
this area for your perusal. These items are forthcoming to you; I have
given them to the Clerk. Sir, basically what we are saying here, is that
this is a particular area, which is by far the only open area in this area
of town, in an area which has already been densified by low income housing
projects. In an attempt to create an environment of safety and an environ-
ment in which the elderly and homeowners can have an upgraded areas, we are
trying to stop the development of Project 5-75, thereby attempting to stop
this from destroying the trees in this particular area.
Mayor Ferre: Your concern is really not the trees, it is the project.
Mr. Davis: Yes, sir. Our concern is the trees, the area and the ultimate
project. You are correct in that regard.
Mr. Dawkins: I have a question for Staff before he gets started. Staff,
Mr. Gary - is there a permit issued for the removal of these trees?
Mr. Gary: There is, but I am under the impression that the trees were taken
down before the permit was issued.
Mr. Dawkins: Well, why did they take them down before the damn permit
was issued?
31 APR 2 S 1°83
ld
0
Mr. Davis: That correct sir, they started cutting and removing those trees.
NOTE FOR RECORD: Applause from Audience.
Mayor Ferre: Sit down, Ladies and Gentlemen!
Mr. Garv: I stand corrected. They started pruning before they got the
permit - pruning the trees.
Mr. Dawkins: Well, why did they even bother with the trees before the
permit? You know this is the same thing...I am against this from the
beginning. I have to let you know that I am anti -this project, and I am
anti this project because you pick all these damn projects in my neighbor-
hood, okay? Now, it comes back again and further shows me what regard
you have got for my damn community by going out, cutting trees without a
permit and are going to remove them!
',Or. vel Adams: May I answer please? My name is....
Mayor Ferre: No, no. We are going to follow an orderly procedure now.
Mr. Dawkins: Mr. Adams, I will hear from you. Let's hear Mr. Adams, I do
not want to condemn...
Mayor Ferre: Let Mr. Davis finish his statement and then Mr. Adams will
speak and then any other speakers related to these either one of these
groups and then questions...
Mr. Dawkins: The trees have been removed! I mean, the trees have been
removed, Mr. Gary?
Mr. Gary: Let me correct the record. They got the permit before they re-
moved the trees.
Mr. Dawkins: But they cut the trees before they got the permit!
Mr. Gary: They were pruning them, and there is no prohibition against...
Mr. Dawkins: They cut them. They cut them! They cut them, period.
Mr. Gary: No. Commissioner.
Mr. Dawkins: You call it pruning, you gall it anything you want, but they
cut them!
Mr. Gary: Okay, you are correct, but there is no prohibition against them
cutting it before. They don't need a permit to cut it ... to prune.
Mayor Ferre: You mean to prune.
Mr. Dawkins: Well, hell, if they prune them and they look like hell,
naturally I am going to tell you to remove them! I mean, let's be realistic.
Mayor Ferre: All right Mr. Davis, why don't you finish your statement?
Mr. Davis: Okay. Mr. Mayor and Commissioners, basically what has been
happening here is that this environment has already densified. You have
the list of the housing projects that are in this particular area. You
will see that there are more than ten to fifteen housing projects within
I would say a two or three mile radius. This not scattered housing. This
is not the type of environment that we would like to have in this area.
This is what you would call the programation of slum living. Now, we are
not against low income housing. We are for housing in which individuals
can have an interest in their housing. Now HUD has second mortgage programs
where they can build homes where individuals can have low mortgage notes and
where they can buy their homes and have an interest in it. This particular
area, Mr. Mayor and Commissioners, if you were to drive your car around there,
in these areas where there are low income housing projects and soon as you
get to a stop sign, there will be several individuals running to your car
32
APR 28 1983
ld
Mr. Davis: (con't) ....... trying to sell you some marijuana or some dope.
tape5 And we are not trying to have this kind of environment. What we would like to
have is an area in which individuals, whether they be Black or Latin or White
or whatever would have an interest in their community by way of having some
housing whereby they get a piece of the rock. And to identify Overtown, this
particular area of Overtown as the area where you are going to dump and keep
dumping low income housing projects, when people in the Hammocks in Kendall
refuse to have these kind of housing projects, the County is putting a burden
on the City. The County is saying to the City, here take this because the
people in Kendall don't want it, they want their bike trails and they want
their swimming pools and they don't think... and this is in the case that's
still at bar in Federal Court. They don't want Black people in this area or
people of low income in Kendall's area because they do not fit into the
environment.
Mayor Ferre: Alright, Mel Adams. Alright, thank you, ladies and gentlemen.
we understand you feel strongly about this. Now, Mr. Adams.
Mr. Melvin Adams: I'm Melvin Adams. I'm the Director of Dade County's Department
of Housing and Urban Development. Our offices are at 1401 Northwest 7th Street.
The only issue before you today is the trees. The project has been approved.
It was approved by the City Commission as part of the overall redevelopment plan.
It's been approved by the County. It's been approved by the Overtown Advisory
Board. It's now under construction. In terms of the tree removal, we met with
the City, we got a permit. Mr. Davis and his group appealed the permit and
it went to the...
Mr. Davis: And they kept cutting. We appealed and they kept cutting.
Mayor Ferre: Wait a minute, Mr. Davis, he didn't interrupt you and I'm not
going to allow you to do that to him. Now, you make a note and I will recognize
you as soon as he is finished.
Mr. Davis: Excuse me.
Mr. Adams: It went to the Heritage conservation Board. They held the meeting
in this room. They deferred action until they went out to inspect the site.
They then inspected the site, this project, forty of the trees that are now
on the site are being saved. Twelve of the trees which were either diseased
or fruit trees which are not moved have been torn down. There are nine trees
to be relocated. We are planting seventy-nine new trees. There will be six
and a half trees there, new trees, for every tree that's demolished. The
Heritage Conservation Board after looking at the site, examining every tree
that was either to be demolished or to be removed or to be relocated voted
eight to one for the permit. After the permit was approved by that board
we removed the twelve diseased and fruit trees, those that had been root
pruned, some of them were relocated, there are five yet remaining to be relocated.
They have been root pruned. They will be relocated in three to four weeks
after they have a chance to establish themeselves. In terms of the project
the Southeast Overtown/Park West Redevelopment Plan and the Urban Intiatives
Plan which this Commission approved and which the County Commission approved relies on
this project as a relocation resource for families who have to be removed from
Southeast Overtown who may want to remain in their community. It's part of
the environmental impact statement and if this project were prevented from
going ahead it might jeopardize Southeast Overtown/Park West. In addition...
Mr. Dawkins: Hold it right there Mr. Adams. I cannot accept that. I mean,
I want you to understand my... I cannot accept that, ok. The community went
to court... you see you keep telling me about the community accepted this.
The community went to court in an effort to stop this project and they came
right back with... but at that time there was no mention of the fact that this
was a relocation project per se. Ok, now down the streets and as they say...
and I want you to understand because I got two more years on -this Commission
and I'm hoping that I don't see another damn housing project put in Overtown/
Park West. Now, you have got down the street... what's the name of that two...
(BACKGROUND COMMENT INAUDIBLE).
Mr. Dawkins: No, no, private housing I have no problem with. You got... ok,
down the street what is the name of that senior citizen center? Two blocks.
Mr. Adams: Well, across the street is Orr Plaza.
91 33 APR 28 1983
Mr. Dawkins: Yes, sir. What is it?
Mr. Adams: Orr Plaza.
Mr. Dawkins: Orr Plaza. Then directly behind that you have got what, the
Culmer homes... I mean the project?
Mr. Adams: No, Culmer Homes is to the North two or three blocks.
Mr. Dawkins: Alright, now directly North of this project you have some townhouses,
right, wher: an individual attempting the upgrade the community put in townhouses.
Now, when the community asked you, when I say you, I mean us the governing bodies
to continue this low... I mean this sort of low density housing, it was turned down.
And so, I don't want you to stand here and tell me that the community accepted
this and that this quasi whoever it is and whatever, it was not accepted by the
community in total.
Mr. Adams: Well, there was differences of opinion in the community. When this
matter was presented to the City Commission you were opposed to it, but the City
Commission approved it. The Overtown Advisory Board, which is the board that
has been designated by the City Commission as the official citizen board has
approved this project. So, there... it may not be a hundred percent, but if
you take the citizen board that you have established...
Mr. Dawkins: All you are doing is prolonging this and we are trying to get
rid of it. Now, you are going to end up and you are going to get rescheduled
if you don't let the gentlemen speak. No, no, no, you can't bring anybody else
up. Ok, go ahead.
Mr. Adams: The other point I want to make, Mr. Mayor and Commissioners,...
Mr. Davis: These people are from Orr and they wanted to say something.
Mayor Ferre: Mr. Davis.... Alright, sit down ladies and gentlemen because we
have got to move along.
Mr. Davis: The only other point and then I will conclude, is I'm sure all of
you have read in the paper about the expansion of the Booker T. Washington
Junior High School. There are eighty families who have to be relocated. There
was a big hubbub on that. We are about to reach an agreement with those families
and with legal services to give them priority for public housing and to help
pay some of their cost with School Board funds. These families were at the
Heritage Conservation Board because they look at this project as a place where
they can relocate to stay in their neighborhood, most of them have been in that
neighborhood ten, fifteen, twenty years, they want to stay in their neighborhood.
That's why we are building the project here to keep people who have to be moved
in the neighborhood who want to remain and not move them out. Thank you.
Mayor Ferre: Alright,... in a moment Ernie. Mr. Reid, what is the administration's
position on this?
Mr. Reid: Mr. Mayor, we favor the construction of this project for three
reasons. Number one, we are doing a redevelopment project in the Overtown
area in which five hundred three families will be displaced. Only twenty of
those families have the means to buy these second mortgage housing that have
been talked about and many of them already live in Overtown. So, if we're...
this is a... and these are residents of Overtown that are not here today, but
want to have the opportunity to continue to live in Overtown.
Mr. Dawkins: I don't even need to hear you, I mean, you are the one that sold
me on it before Mr. Reid. Let me ask Mr. Adams one thing. Mr. Adams, you said
that they are being built to relocate the people being displaced by the Booker
T. Washington. At the time that these things were put on the drawing board and
threw up Booker T. Washington relocation program did not even occur.
Kr. Adams: I think I said that they were built as a relocation resource for
Southeast Overtown/Park West. Since they got started the Booker T. issue
developed and they will also be a resource. I will say one other thing, you...
whatever happens to this project, you will not see me in Overtown with another
project for the rest of my life, but this one we need.
gl w
APR 28 1983
Mr. Dawkins: Thank you, Mr. Adams.
:Mayor Ferre: Alright, now, Mr. Reid, finish your statement.
Mr. Reid: I would like to say in conclusion of my statement that this project
was specific... one of the issues in the Overtown enviromental impact statement
was the relocation of housing and how the community... how the City and the County
were going to deal with that. One of the things that we promised in this legally
enforceable document, in the environmental impact statement, is to do this
project. So, there could be a case where a court suit is made challenging the
whole Overtown Urban Initiative Project because we failed to comply with our
promises in the envircnmental impact statement.
Mr. Gary: Mr. Mayor?
Mayor Ferre: Alright, Mr. Manager.
Mr. Gary: Looking at this in hind sightfirst of all, personally and professionally
I think it's a terrible project. Personally and professionally I think that me
and my staff did not do a good planning job with regard to this area. I would
also like to say that we are not in my estimation allowing for a viable Overtown
area by eliminating opportunities for middle class and if you look at this area
in particular, if you will look at 5th Street any if you will look at what we
plan to do adjacent to the government center this is an ideal corridor for a
commercial development and middle class housing, particularly in view of the fact
that somebody built some middle class housing right behind that particular project.
Now, I think the decision what we are facing now is, in view of this bad decision,
what are the consequences if we decide to reverse ourselves. I think Mr. Reid
has said to you that we have an enviroruiental impact statement and it appears
that we proceeded hastily to do this just to get federal dollars to the negative
benefit of that community. We don't do it in Brickell, but we do it in Overtown.
It seems as though we dump and I'm not saying this for political comments, Mr.
:Mayor, I have to say it because of my conscience, it seems as though we dump
public housing in Black neighborhoods and particularly when they don't want them
in White neighborhoods. Please, I'm not saying this for any kind of applause.
Please don't applaud. It appears, Mr. Mayor, we need to begin to bite the bullet.
Overtown in my estimation is worse than before they tore it down. They should
have left it the way it was. Now, we have got either say we are not going to
continue to make Overtown worse, we are going to make it better. It may cost
us some money, but Mr. Mayor, money now... pay me now or you pay me later. That
is an ideal corridor, Mr. Mayor, for as I said commercial property and middle
income housing. If we are willing to bite the bullet in terms of the cost I
would suggest we throw it out, if not I would suggest that we have to proceed
and not do it any further. And I think Mr. Reid needs to explain...
Mayor Ferre: Well, what's your... Howard, I'm confused. Jim got up and said
one thing. I sense that you are saying something else. Now, you are obviously
the boss, so what is the recommendation of the Manager?
Mr. Gary: My recommendation, Mr. Mayor, is that we need to understand the
impact if we decide not to go through with this project and we need to make a
decision if that impact... if we are willing to accept the cost of that impact,
then we should stop the project.
Mayor Ferre: Now, answer my question. What is your recommendation?
Mr. Gary: I need to know the cost of the impact, Mr. Mayor. If the cost of
the impact is that we are going to lose twenty million dollars I'm going to say
that we have got to move forward. If it's something significant like one...
Mayor Ferre: Well, are you saying that you need more time to study this? You
want it to come back on May 12th for...
Mr. Gary: That's correct, sir. That's correct.
Mayor Ferre: And you will have a recommendation by then?
Mr. Gary: That's correct.
Mayor Ferre: I would then think that we need to let the Manager have that
time.
gl 35 APR 28 1983
0 10
Mr. Gary: Mr. Mayor, if I may add. I think it behooves Dade County from the
top down to look at this project even in terms of if they have to pay off
contractors and find additional site, even if we have to forego this project
and we do more affordable housing to offset this project we need to do it.
Mayor Ferre: Yes, sir. Mr. Adams, I just want to say on the record so that
my position is understood. I am fully supportive of what the Manager has just
said and of what Miller Dawkins said before him and I want you to understand
that I do think that the Manager does... since we are talking about a twenty
million dollar decision, I think we have got to give him more time to come up
with the specifics, ok. And I'll accept the motion fcr deferral then.
Mr. Dawkins: So move.
:Mayor Ferre: There is a motion and a second...
Mr. Davis: Honorable Mayor, we just want to let the senior citizens, one or
two say something, because they might not be back on May 12th Mr. Gary.
Mayor Ferre: I understand. Alright.
Mr. Davis: And I would just like them to have an opportunity.
Ms. Helen Pinkney: I'm Helen Pinkney from Jack Orr Plaza and I have been there
for the last seven years and I would like to ask them not to build low income
housing there, because we won't be safe. We won't be able to come out the gate,
because we have trouble from the one on 8th Street. When we had trouble with
robbers and things, they came all the way from 8th Street. So, you can imagine
what's going to happen when we have low income right in front of our door. We
won't be able to come outside at all. I'm sorry, thank you.
Mayor Ferre: Alright, thank you, Ma'am.
Ms. Pinkney: I'm Helen Pinkney. I live at Jack Orr for seven years and I'm
very happy there. Thank you.
Mayor Ferre: Alright, Ms. Pinkney, thank you.
Mr. Gary: Mr. Mayor?
Mayor Ferre: Yes, sir.
Mr. Gary: Excuse me.
Ms. Ida Gomez: What the lady said I could say the same thing. We are...
Mayor Ferre: We need your name and address.
Ms. Gomez: Yes. I'm Ida Gomez. I live at 555 Street at Jack Orr Plaza.
Mayor Ferre: Alright, thank you, Ms. Gomez. Alright, Ernie? Alright, Mr.
Davis, hold on for a moment. Mr. Fannotto.
Mr. Ernie Fannotto: Ernie Fannotto is my name and I'm president of the Taxpayers
League Miami and Dade County. What I don't understand is every group in Overtown
approved it, you as County Commissioner approved it, everybody approved it now
it's not worthy of being performed the project. Now, I would just like to say
this here, if you don't want projects, future projects in overtown, then you
should rezone Overtown against future projects. You can do that. That's what
you should have did.
Mr. Dawkins: Let me as you a question.
Mr. Fannotto: Wait a minute, let me finish.
Mr. Dawkins: No, let me ask you one question.
Mr. Fannotto: Yes, I do.
Mr. Dawkins: Why didn't you put it down in Homestead where you live?
gl
36
APR 28 1983
Mr. Fannotto: I don't live in Homestead. I live in Miami and I have lived here
for forty-five years. I don't live in Miami, I live here... I'm not... What I'm
saying is why didn't you rezone it, but why did you vote for it?
Mayor Ferre: We didn't.
Mr. Fannotto: Well, the City Commission is on record voting for it.
Mayor Ferre: No, no, this is a County project and the City Commission has never
voted on this item that I remember? Did we ever vote on this Mr. Manager?
Mr. Gary: Yes, we did Mr. Mayor.
Mayor Ferre: Well, I stand corrected.
Mr. Gary: But Mr. Mayor, just correct it, I mean, nobody is perfect, we make
mistakes. So, we can correct it and you know, we need to do what's best for t:iat
community. Mr. Mayor, if I may...
:Mayor Ferre: We need to move along now.
Mr. Gary: I know we do, but Mr. Mayor, I must inform you that even though we
are taking this decision to defer, that Dade County really has the right to
proceed construction and that it may be... you may wish Mr. Mayor, to pass a
resolution urging Dade County to hold off on construction until some decision is
made.
:Mayor Ferre: Alright, we will do that one next.
Mr. Fannotto: In reference to low cost housing, I do want one thing. I'm
not saying that I'm for overloading Overtown with low cost housing, but rezone
it that way in the future so it won't happen again.
Mayor Ferre: Alright, thank you, Mr. Fannotto.
Mr. Fannotto: But hence is my arguement, I'm not going to be against low cost
housing, because I want you folk to know... you Commissioners to know this here,
that the conditions are such where there is mass unemployment and let me tell
you that they've got a waiting list of about twenty thousand people wanting to
get in low cost housing. Boy, they are willing to go in low cost housing. Twenty
thousand people is a lot of people when you don't have projects and in reference
to saying that I will go for this if it was private housing, private housing is
not doing people good. Take a lot of elderly people may be they had thirty or
forty thousand dollars years ago, the high inflation has ate it up. They haven't
got any where to... and they are certainly welcome to go in low cost housing.
Mayor Ferre: Alright, thank you.
Mr. Fannotto: Now, I don't mean to... I'm not for it if Overtown dcn't want
it, but that isn't the point. Everybody should get their signals straight before
they vote.
Mayor Ferre: Thank you. Alright, now, further discussion?
Mr. David Cerf: Just one...
Mayor Ferre: Your name and address for the record.
Mr. Cerf: Mr. Mayor, members of the Commission, my name is David Cerf. I'm
an attorney, mailing address 2895 Biscayne Boulevard. I represent Mr. Robert
Taylor who is one of the appellants.
Mayor Ferre: Mr. Cerf, for what purpose are you getting at now?
Mr. Cerf: Ok, because I am trying to preserve... to tell you some facts very
briefly on what damage will be done in the meantime.
Mayor Ferre: Mr. Cerf, the motion before this Commission at this point is to
continue this matter and so therefore, you must limit your statements as to
that issue.
Mr. Cerf: Right, ok. If you continue this I want you to understand something,
gl
37
APR 28 1983
0 40
you are talking about damaging trees. That's what... it's an appeal of the
tree permit. Now, under Chapter 17 of the law it says that until this City
Commission... and what we are here today is your to decide shall the trees
be cut down, relocated or damaged or not. That's your prerogative. You are
the elected officials, you are the boss, you are the dog and the tail is the
administrative officials who are supposed to enforce that law until you make
that decision. You can say "yes", you can say "no", but we have a problem
in that...
Mayor Ferre: What's the problem?
Mr. Cerf: Ck, I will put it to you straight.
Mayor F^rre: Good.
Mr. Cerf: One of the City officials in charge of the trees is sleeping with
a County official and I will be specific on that. You have a Heritage Conservation...
Mayor Ferre: well, what's that have to do with the trees?
Mr. Cerf: Because they are the ones that are letting them proceed in the meantime.
Mr. Carollo: Sleeping?
Mr. Cerf: That's right. Ok, let me be clear that Mr. Carollo....
Mayor Ferre: No, there is trouble right here in river city.
Mr. Cerf: ... and I don't want another Brickell bank thing here, ok.
Mayor Ferre: Plummer, did you hear that one.
Mr. Garcia Pedrosa: Mr. Mayor, I think they are husband and wife too, I think
you ought to know that.
Mayor Ferre: I think...
Mr. Cerf: But there is more.
Mayor Ferre: I think that's an important detail.
Mr. Garcia Pedrosa: Yes, I thought you might want to know that.
Mr. Cerf: Ok, now, I'm not going to name any names, but on July...
Mayor Ferre: Look, that's got nothing to do with this issue.
Mr. Cerf: No, it has a lot to do with it. Please, hear me out.
Mayor Ferre: Go ahead Mr. Cerf, quickly.
Mr. Cerf: Ok, when the trees were first... when the County began to proceed
Mr. Taylor asked me to contact the Heritage Conservation officer and the
zoning people. They have permitted them to proceed. Further, I see from the
minutes of July 29, 1982, this same Heritage Conservation officer recommended
that this City Commission appoint the architect for the project to the Heritage
Conservation Board and I will read you the minutes if you want to.
Mayor Ferre: Mr. Cerf, the question before us is whether or not we are going
to let the Manager have the opportunity to look at this and come back with a
recommendation on May 12th.
Mr. Cerf: Right, but in the meantime...
Mayor Ferre: Now, are you against that?
Mr. Cerf: No, but in the meantime...
Mayor Ferre: Well, then why are you speaking?
Mr. Cerf: These people who are sleeping with the County are letting them
proceed and trying to keep you from reserving the issue.
2A
APR 28 1983
gl
13
Mr. Gary: Mr. Mayor?
Mayor Ferre: Mr. ;tanager?
Mr. Gary: You know, I object to this form of comment. Just because people are
married and they work with different people doesn't mean that they are subjective
in their decision. That has nothing to do with the issue at hand.
Mayor Ferre: Any implications of that are crude and ugly in my opinion and I
think that the innuendo is unfair and unjust and I don't think we ought to be
talking about people that way.
Mr. Cerf: Well, Your Honor, but there is more than that. The same person
recommended the architect for the project to be on....
Mayor Ferre: Look, look, the issue before us is very simple. The Manager has
at this time requested until May the 12th to study the economic impact and
come back with a recommendation. Are we going to give him the time, "yes or
"no"?
Mr. Davis: Mr. Mayor, yes, we will and I want to thank this body and I hope
that the steam that we gathered in the beginning maintains to be the same.
I would just only try to reiterate something here that, number one, we should
try to deny the tree permit so that they cannot go any further with this matter
and they will not continue the building, deny the permit, that will stop them
and then hopefully past a resolution to stop the building.
Mayor Ferre: alright, now, further discussion, call the roll please.
^HEREUPON THE 71OREGOING MOTIC1Q TO CCNTINUE
ITEM NO. 37 to the next Commission meeting
was introduced by Commissioner Dawkins, and
seconded by Commissioner Perez, and was
passed and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor J. L. Plummer, Jr.
Mayor Ferre: Now, Mr. Manager, you are ... Well, someone. Mr. Dawkins? Mr.
Dawkins moves that the City Commission go on record requesting that the County...
How was it you wanted that worded, Howard?
Mr. Gary: Postpone construction until determination can be made as to what's
the best utilization of that land in Overtown.
Mr. Carollo: Second.
Mayor Ferre: Alright, further discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved its
adoption:
MOTION NO. 83-346
A MOTION OF THE CITY OF MIAMI COMMISSION REQUESTING
METROPOLITAN DADE COUNTY TO POSTPONE CONSTRUCTION OF
HOUSING AND URBAN DEVELOPMENT PROJECT 5-75 IN OVERTOWN,
UNTIL A DETERMINATION OF BEST LAND USAGE IS MADE BY THE
CITY FOR THIS PROPERTY.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote.
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
39 APR 2 81983
91
r3
dt
NOES: None.
ABSENT: Jice-Mayor J. L. Plummer, Jr.
16. ACCEPT PLAT ENTITLED: "E..ECGTIVE PLAZA".
Mayor Ferre: Take up Item 42. Alright, now, ladies and gentlemen, we are
on Item 42 and then we will go to 41, he has to go... This will be quick.
No, we are not. Take up Item 42, quickly sir.
Mr. Ronald Fieldstone: My name is Ronald Fieldstone, address 3050 Biscayne
Boulevard concerning the acceptance of Executive Plaza Plat.
Mayor Ferre: Is there a problem with that?
Mr. Whipple: No problem sir.
:Mayor Ferre: Any objections? Are there any objectors here? Alright, is there
a motion on Item 42?
Mr. Carollo: So, move.
Mayor Ferre: Commissioner Carollo moves, Perez seconds, further discussion on
Item 42, call the roll.
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 83-347
A RESOLUTION ACCEPTING THE PLAT ENTITLED EXECUTIVE PLAZA
SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI; AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK
TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF
SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
gl
40 APR 2 8 1983
t
17. AUTHORIZE COMPLETION OF SOUTHEAST FINANCIAL CENTER 200-29G S.
BISCAYNE BLVD. TO A HEIGHT OF 765 FEET ABOVE G7A.DE.
Mayor Ferre: Are there any objectors to 46? Mr. Manager, does 46 have the
administration's recommendation?
Mr. Gary: Yes, it does Mr. Mayor.
Mayor Ferre: Are there any objectors on Item 46? Does anybody here wish to
object on Item 46? Alright, is there a motion?
Mr. Carollo: So move.
Mayor Ferre: Moved by Carollo, is there a second?
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez, further discussion, call the roll.
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 83-348
A RESOLUTION CONCERNING THE SOUTHEAST FINANCIAL CENTER, A
DEVELOPMENT OF REGIONAL 11MPACT, LOCATED AT APPROXIMATELY
200-298 S. BISCAYNE BOULEVARD, MIAMI, FLORIDA; MAKING
FINDINGS; AND AUTHORIZING COMPLETION OF SAID PROJECT AT
A HEIGHT OF 765 FEET ABOVE GRADE PURSUANT TO THE DEVELOPMENT
ORDER EMBODIED IN RESOLUTION NOS. 81-36 AND 81-223 OF THE
CITY COMMISSION.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
16. ACCEPT PLAT ENTITLED: "CENTRAL BUENA VISTA".
Mayor Ferre: It= 41. Are there any objectors on Item 41? Mr. Manager, what's
the recommendation of the administration on Item 41?
UNIDENTIFIED SPEAKER: W,.- have no problem with 41, that's...
Mayor Ferre: I'm not asking you that. Are you recommending it?
UNIDENTIFIED SPEAKER: Yes, we are.
Mayor Ferre:
Alright, Mr.
Manager, anything else on that?
Mr. Gary: No,
sir.
41
APR 28
19"
5
40
Mayor Ferre: Are there any objections on Item 41?
Mr. Carollo: Move.
Mayor Ferre: Moved by Carollo.
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez, further discussion, call the roll on 41.
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 83-349
A RESOLUTION ACCEPTING THE PLAT ENTITLED CENTRAL BUENA VISTA,
A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
NOES: None.
ABSENT: Vice -Mayor J. L. Plummer, Jr.
ABSTAINING: Mayor Maurice A. Ferre
19. SECOND READING ORDINANCE: CHANGING ZONING CLASSIFICATION
1501 N.W. 29th ST. FROM C-1 TO C-4.
UNIDENTIFIED SPEAKER: Item 3, sir is non controversial.
Mayor Ferre: Item 3?
UNIDENTIFIED SPEAKER: Yes, sir.
Mayor Ferre: Alright, Mr. Manager, Item 3, are there any objectors to Item 3?
Mr. Manager, does that have your approval?
Mr. Gary: Yes, sir, Mr. Mayor.
Mayor Ferre: Are there any objectors? Is there a motion on 3? Alright, Mr.
Dawkins moves 3, Perez seconds it, read the ordinance on 3. Is there an objector this?
Does anybody object to Item 37 Alright, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
OF MIAMI, BY CHANGING THE ZONING CLASSIFI-
CATION OF LOTS 4 AND 5, BLOCK 1, RAMICO SUB.
(16-74), ALSO DESCRIBED AS APPROXIMATELY 1501
NORTHWEST 29TH STREET, FROM C-1 (LOCAL
COMMERCIAL) TO C-4 (GENERAL COMMERCIAL), AND
BY MAKING THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP MADE A PART OF SAID ORDINANCE
gl 42 APR 28 IM
a, #
NO. 6871, BY REFERENCE AND DESCRIPTION IN
ARTICLE III, SECTION 2, THEREOF, BY REPEALING
ALL ORDINANCES, CODE SECTIONS, LR PARTS
THERECF IN CONFLICT AND CONTAINING A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of March 24, 1983 was
taken up for its second and final reading by title and adoption. On ;notion of
Commissioner Dawkins, seconded by Commissioner Perez, the Ordinance was thereupon
given its second and final reading by title and passed and adopted by
the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9600
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.
20. SECOND READING ORDINANCE: CHA14GE ZONING CLASSIFICATION 1501 N.W.
29t.h ST. FRO:1 RG-2/4 TO CG-1/7 OF ZONING ORDI14A lCE 9500.
Mr. Gary: Mr. Mayor, the companion item to 3 is 4 please sir.
Mayor Ferre: Alright, the companion Item 4, is there a :notion? Are there any
objectors? Moved by Perez, seconded by Dawkins, further discussion, read the
ordinance. Alright, call the roll on 4.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500
(UPON BECOMING EFFECTIVE) THE ZONING
ORDINANCE OF THE CITY OF MIAMI, BY CHANGING
THE ZONING CLASSIFICATION OF LOTS 4, AND 5
BLOCK 1, RAMICO SUB. (16-74), ALSO DESCRIBED
AS APPROXIMATELY 1501 NORTHWEST 29TH STREET,
FROM RG-2/4 (GENERAL RESIDENTIAL) TO CG-1/7
(GENERAL COMMERCIAL), AND BY MAKING THE
NECESSARY CHANGES IN THE ZONING ATLAS MADE A
PART OF SAID ORDINANCE NO. 9500, BY REFERENCE
AND DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; BY REPEALING ALL ORDINANCES, CODE
SECTIONS, OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of March 24, 1983 was taken uF
for its second and final reading by title and adoption. On motion of
Commissioner Perez, seconded by Commissioner Dawkins, the Ordinance was
given its second and final reading by title and passed and adopted by
the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor J, L. Plummer, Jr.
gl 43 APR 2 8 1983
thereupon
0 40
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9601
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.
21. FIRST READING ORDINANCE: CHANGE ZCNING CLASSIFICATIC11 151 N.E.
52ND STREET FRC:1 RG-2/5 TO RG/3/5 OF ZONING ORDINANCE 9500.
Mayor Ferre: is 28 a controversial item?
Mr. William D. Siedel: Mr. Mayor, my name is William D. Siedel and I would like
45 to be `,eard if possible.
Mayor Ferre: Alright, 45. Alright, we are now on Item 28 which was called
early on as an emergency... because he has a hearing that he has to be at.
So, I'm calling now Item 28 on first reading. This is an application for
change of zoning at 151 Northeast 52nd Street. The Planning Department
recommended approval, the Advisory Board recommended it unanimous. I think
it's a non -controversial item. Is there anybody here who is an objector?
Does anybody object? Does anybody wish to speak here on Item 20 as an objector?
For the record would you place your name into the record?
Mr. Michael :Meltzer: :My name is Michael Meltzer, I'm the Administrative
Assistant at the Miami Jewish Home, 151 Northeast 52nd Street.
Mayor Ferre: Alright, for the record the administration's recommendation on
this.
Mr. Whipple: This is a correction to 9500 and we have recommended that correction.
:Mayor Ferre: Alright, is there further discussion on this issue. Alright,
I need Carollo or Miller Dawkins in here. Miller? Don could you get one of
those two Commissioners in here for us? I will tell you what I will... Demetrio
Perez moves the motion, I will second it for the purposes of reading it and then
we will bring it to a vote when we have three here. Is that alright, Bob?
Mr. Clark: I would prefer that we read it with the three of them here Your
Honor.
Mayor Ferre: Alright, we are now on Item 28, is there a motion. Non -controversial.
Mr. Dawkins: Move it.
Mayor Ferre: Moved by Dawkins, seconded by Perez, further discussion, read the
ordinance on first reading. 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 CLASSIFI-
CATION 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.
Was introduced by Commissioner Dawkins and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
44
91 APR 28 063
f
AYES: :ommi.ssioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
ABSTAINING: None.
The City Attorney read the ordinance into the public record and —
announced that copies were available to the members of the City Commission
and to the public.
22. ACCEPT PLAT ENTITLED: "ROSOR SUB".
Mayor Ferre: Did we do 43, which is also a plat?
Mr. Ongie: No, we have not done 43.
Mayor Ferre: Alright, is there a motion on 43?
Mr. Garcia -Pedrosa: That's a non -controversial item I believe, Mr. Mayor. —
Mayor Ferre: Administration in to the record please. The Plat Committee
recommended it.
Mr. George Campbell: The administration recommends this.
Mayor Ferre: And the adrunistration recommends it, the Zoning -Board approved
it five to zero. Moved by Dawkins, seconded by Perez,, further discussion on
Item 43, call the roll.
The following resolution was introduced by Commissioner Dawkins, who moved
its adoption:
RESOLUTION NO. 83-350
A RESOLUTION ACCEPTING THE PLAT ENTITLED ROSOR SUBDIVISION,
A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE
DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING
THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
gl
45
APR 28 19""
1 10
23. APPRVwE PRELI%1I:,ARY OFFICIAL STATE:•1ENT FOR ISSL:A:,C OF S25,000,000
MISCELLANEOUS GENERAL OBLIGATICN BONDS.
Mayor Ferre: On Item 48, this is a preliminary official statement for issuance.
Mr. ;tanager, this is your item. The eight million dollar fire fighting fire
prevention bonds. Does anybody here objects to Item 48? Mr. :tanager, into
the record explain why this is so important.
Mr. Gary: It's important Mr. Mayor, because we have scheduled the bond sale
on May 12th. Commissioner Dawkins and I just left New York along with staff
for the bond raters to rate our bonds. We think we were successful and we are
going in the market at a time when the market will be conducive for us to get
favorable sales and favorable interest rates.
Mayor Ferre: Who is going to be handling the bond... the legal and the bond...
and the marketing of all this?
M.r. Gary: Right now we are still with Brown Wood, but we are also working on
the plan the City Commission directed me to do in terms of utilizing local
firms.
Mayor Ferre: You will be bringing that too before you finalize on it?
Mr. Gary: Yes, sir.
Mayor Ferre: Ok, is there further discussion? Alright, is there a motion
on Item 28?
Mr. Dawkins: :dove.
Mayor Ferre: Moved by Dawkins, seconded by Perez, further discussion, call
the roll on 48.
The following resolution was introduced by Commissioner Dawkins, who moved
its adoption:
RESOLUTION NO. 83-351
A RESOLUTION APPROVING THE PRELIMINARY OFFICIAL STATEMENT
PERTAINING TO THE $25,000,000 THE CITY OF MIAMI, FLORIDA,
GENERAL OBLIGATION BONDS AND AUTHORIZING THE DISTRIBUTION
OF SUCH PRELIMINARY OFFICIAL STATEMENT TO PROSPECTIVE
PURCHASERS OF SUCH BONDS AND FURTHER AUTHORIZING THE MAYOR
TO EXECUTE THE FINAL OFFICIAL STATEMENT PERTAINING TO SUCH
BONDS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
ELI
46 1983
APR 2 8
a
24. APPROVE NOTICE OF SALE RELATING TO ISSUANCE CF S25,000,000 I;7
MISCELLANECUS GENERAL OBLIGATIOtl BONDS.
Mayor Ferre: Take up 49.
Mr. Dawkins: Move it.
Mayor Ferre: Alright, this is a companion. Moved by Dawkins.
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez, further discussion, call the roll on 49.
The following resolution was introduced by Commissioner Dawkins, who moved
its adoption:
RESOLUTION NO. 83-352
A RESOLUTION FIXING CERTAIN DETAILS CONCERNING $8,000,000
FIRE FIGHTING, FIFE PREVENTION AND RESCUE FACILITIES BONDS,
$1,000,000 HOUSING BONDS, $6,000,000 SANITARY SEWER SYSTEM
BONDS, $4,000,000 STORM SEWER IMPROVEMENT BONDS AND $6,000,000
STREET AND HIGHWAY IMPROVEMENT BONDS, OF THE CITY OF MlAMI ,
FLORIDA, AND DIRECTING PUBLICATION OF NOTICE OF SALE OF
SAID BONDS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
25. ACCEPT PLAT ENTITLED: "BETTY SEIFLE".
Mayor Ferre: Take up 45, this is accepting a plat on the Betty Seidel located
at Northwest 29th.
Mr. Dawkins: Move it.
Mayor Ferre: This has the recommendation of the administration. It has the
recommendation of the Zoning Board unanimously and of the Plat Committee. Moved
by Dawkins, seconded by Perez, further discussion on 45, call the roll.
gl
4`7 APR 2 8199Q
n
NOTE FOR THE RECORD: Agenda item number 26 was continued.
26. SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATICN 2629-2645
S . BAYSHORE DRIVE FROM R-4 TO R-C.
Mayor Ferre: Alright, now... yes, sir?
UNIDENTIFIED SPEATXR: Mr. Mayor, I would like to be heard on Item #2. I didn't
request the emergency because I thought we would go this morning, but I can't
be around this afternoon.
Mayor Ferre: This is an application by Lorna Robertson to change the zoning.
This matter is passed on first reading. Is there anybody here who is an objector
to that? We are on Item 2, the Coconut Grove issue. I'm suprised there is nobody
here. Anybody here on Item 2? Alright, on second reading, it was previously moved
by Plummer and seconded by Carollo and their not here. Anybody here wish to
object on second reading? Alright, is there a motion on Item 2?
Mr. Perez: I move.
Mayor Ferre: :Moved by Perez, is there a second? Seconded by Dawkins, further
discussion, read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF MIAMI, BY CHANGING THE ZONING
CLASSIFICATION OF NEW BISCAYNE AMD (B-16),
THE NORTHERLY 220' OF LOTS 3 AND 4, BEING AT
APPROXIMATELY 2629-2645 SOUTH BAYSHORE DRIVE
FROM R-4 (MEDIUM DENSITY MULTIPLE DWELLING)
TO R-C (RESIDENTIAL OFFICE) SUBJECT TO THE
ATTACHED COVENANT PROFFERED VOLUNTARILY BY
THE OWNER, WHICH COVENANT THE CITY COMMISSION
ACCEPTS, AND BY MAKING ALL THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP MADE A
PART OF SAID ORDINANCE NO. 6871, BY REFER-
ENCE 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 March 24, 1983 was taken up
for its second and final reading by title and adoption. On motion of
Commissioner Perez, 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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9602
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
48
gl
APR 2281983
El
27 . APPEA L By SUNSET VILLAS CONDOMI;;It':i ASSOCIATION FOR V.VIIA.XCES
GRA;+TED TO JACAROL BAY CLUB. (See later same meeting)
Mayor Ferre: Take up Item ,lumber one now. All right, Mrs. Weiss.
Mr. Joe Matthews: Mr. Mayor, I think we are the appellant.
Mayor Ferre: Oh, I am sorry.
Mr. Matthews: I know, I am not sure whether you want to go with them first.
Mayor Ferre: No, no. I was just bringing the issue up.
Mr. Matthews: I understand. Joe Matthews, Murai, Wald, Biondo and Matthews,
for the Appellant, Sunset Villas. I would like to introduce to the Commis-
sion, Mr. Servando Vigil, who is president of the Sunset Villas Association
and who has left work for the morning and I would like to have him at least
state his position before we proceed.
Mr. Servando Vigil: Mr. Mayor, Mr. Commissioners, my name is Servando
Vigil. I reside at 4707 N. W. 7th Street, Apartment 306. The purpose of
my appearance here is to speak on behalf of the Association for Sunset
Villas Condominiums Phase III. I am here to object to the approval of the
project as presented by the developers for the simple reason that it is a
horrible project that they are trying to build right next to our property,
creating a tremendous encroachment every possible way as to our property,
and to the view and the pollution and the traffic - the whole thing is a
big mess that is going to be created if this Commission will approve this
project as the people are asking to have it approved. We had a lot of
the members of the board here this morning believing that we were going
to have a meeting a 9:00 o'clock in -the morning and most of us have to
work. unfortunately, we have requested in the past that this Commission
would grant us a hearing on this in the evening time when we can bring
here most of those residents that are opposed to this project. We have
approximately seven hundred people that are involved around these projects,
on the side, on the front and just about everywhere that this project is
going to be built. We believe that the area is an area which is composed
mainly of condominiums for middle class, or lower middle class people and
they are trying to build something similar to a project of low income
housing for rental purposes that is going to be very detrimental to the
value of our property. We think it is going to create a lot of problems
for all of the people that live around that area, so therefore I am re-
questing that you deny these people the right to build the project as they
are saying they are planning to build it now.
Mr. Carollo: Mr. Mayor, unless we can finish with this item in the next
ten to twelve minutes, I am going to have to leave. The policy that we
have established the last couple of years has been that at 12 o'clock
noon sharp, no matter who is up, we break for lunch, and I sorry, but I
have a previous engagement that I made.
Mayor Ferre: We all understand, Joe. The problem, of course, is that this
is Item Number one and we talked until almost 11 o'clock on pocket items,
and then I let an awful lut of other things come before us, so I told Mrs.
Weiss that we would certainly try to get this done expeditiously. I think
we have all heard the issues and I frankly...I for one am ready to vote on
this thing and I don't see why it would take a long time unless somebody
has a motion to have another Public Hearing, or you want to let these
people do it in the evening or something like that, but we have been
through this so many times that I think we all know the issue, so the
question now is, if you want to make a brief statement and we will see
what the Commission wants to do.
49 1983
ld APR 2 $
4 go
`Ls. Sherry Weissenborn: My name is Sherry Weissenborm, and I am on behalf of
the Applicant. I think that we can probably move this within the twelve min-
utes. The last hearing, actually the Appellant, Mr. Matthews presented his
case, we were at the point where it was our turn to present our case. I know
he has a rebuttal. I just want say I am going to turn it over to get it done
very rapidly. Mrs. Weiss, based upon Commissioner Plummer's request, Staff
did present us with a new disclosure form that the Staff prepared. We have
submitted this disclosure form properly to the Staff and therefore, I think
that will take care of what Commissioner Plummer's problems were before.
Now I will turn it ov!r to Mrs. Weiss.
Mrs. Carolyn Weiss: Yes, I have met with fir. Whipple and after my presenta-
tion in December, the only controversy was the F.A.R., and we have met on
several occasions to discuss what would be best, and I have decided to re-
duce the total buildings by thirteen floors and I would like to submit a
schematic to show what we did.
Mayor Ferre: This is voluntary on your part?
Mrs. Weiss: Yes, Mr. Mayor.
Mayor Ferre: Mr. Whipple, on the record, is this something that is accept-
able to you? ... I mean to the Administration?
Mr. Richard Whipple: No, sir, the Administration continues to recommend
denial of the variances for the F.A.R. and for the setback requirements.
We have not changed our position on that.
Mayor Ferre: Okay.
Mrs. Weiss: I would like to show what we have done.
Mayor Ferre: All right, you had better give her a hand microphone.
Mrs. Weiss: I have maintained on two towers to remain exactly
the same thing. I have reduced the bottom floor, the habitable area
and all of this green area will be open space with benches and landscaping,
so therefore this becomes sixteen floors. I had reduced it to fifteen, but
Habitable is only fourteen. Again, the ground here, two floors have been
eliminated from these two towers. This tower here is Number five. Again, we
have reduced the ground floor - the first thirteen. Habitable is only twelve.
Reduced four floors, a total of eight and the five here is thirteen floors
that I have reduced, and now I have a F.A.R. of one 1.439. We have increased
the open space by 6% more than what we had before also. I just want to bring
to the attention that this project is within open space requirements. within
the density requirements that we have, within the height requirements; the
only variance in here in question even though we have paid for five,
we are requesting for four and the one that is really in controversy is the
F.A.R. Three of the variances are for the parking structure and any parking
structure and any parking structure in the City of Miami and Dade County over
eighteen floors must go for a variance, and one side yard requirement in one
of the buildings.
Mayor Ferre: All right, further discussion?
Mr. Carollo: What does the total number of units come to now? The total
number of apartment units - what is the number that we have now?
Mrs. Weiss: We have reduced them now to eight hundred eighty-three units.
Mr. Carollo: Eight hundred eighty-three.
Mrs. Weiss: Yes.
Mr. Carollo: From how many originally?
Mrs. Weiss: I think it was nine hundred eighty units.
Mr. Carollo: From nine hundred eighty.
50
ld
Mrs. Weiss: Right, and we would have been allowed nine hundred eighty-two
units.
Mr. Carollo: Mr. Whipple, what is the number of units allowed by the present
law?
Mr. Whipple: There would have to be certain assumptions made with respect
to the unit size, assuming some averages based upon the units presently
proposed, the number of units would be six hundred seventy-five, with a
1.1 F.A.R. Now, there are a number of assumptions in there. If you
build smaller apartments, you could have more units.
Mr. Carollo: So approximately, we have a little over two hundred units
above and beyond what they are allowed to construct by law - approximately.
Mr. Whipple: Yes, sir. That is the variance request - it is for the F.A.R.
and I am translating that excess F.A.R. ratio into units.
Mrs. Weiss: Mr. Commissioner, that is not accurate. He is dealing with
one area. We are within statutory requirements. On a density requirement
of the R-4, we would be allowed nine hundred eighty-two units. What he is
talking is only on one section of what we are allowed and if we were to
be building exactly what the code requires under R-4, the units would be
exactly 10% larger than a hotel room.
Mr. Carollo: Is that correct, Mr. Whipple, or not?
Mr. Whipple: Yes, sir, and I thought I had made that clear when I said
"based upon some assumptions". The maximum density permitted in the R-4
district, based upon the square footage would be nine hundred eighty-three.
Mrs. Weiss: Eighty-two.
Mr. Carollo: Nine hundred eighty-three. Can you repeat for the record
again the specific areas that the Planning Department is opposed to in
this project?
Mr. Whipple: The Department is basically opposed to all the variances
because we do not feel that there is a hardship that justifies their
request.
Mr. Carollo: Can you go over all the variances that you are opposed to?
Mr. Whipple: Yes, sir.
Mr. Gary: We don't mind doing that, Commissioner Carollo, but it is right
here in the report and he can go over it at his own pace.
Mr. Carollo: That is fine, but I just wanted it for the record then, Mr.
Manager.
Mr. Gary: Okay, we are opposed to almost all of them.
Mr. Whipple: There are two side yard variances, one on Tower five, one
on Tower seven. It is proposed that the Tower Five setback is thirty-six
feet. There is eighty-one and one-half feet required. On Tower Seven,
there is sixty feet proposed, eighty-one and one-half feet required. There
is a yard adjacent to the open space, near the water's edge, I believe in
Tower five - twenty feet proposed, forty-two and one-half feet required.
On the parking structures - Parking Structure one, ten foot proposed,
twenty foot setback required. Parking Structure Number two, the north
and south extensions, twelve point eight feet proposed, twenty feet required.
Then the height of the apartment structure, the ordinance only permits
twelve feet of height at the present time. Parking structure Number one
is forty-two and one-half feet - Parking structure Number two is eighty-
two and one-half feet - Parking structure Number three, thirty-two and
one-half feet. And I would assume with the reduction of the number of
units, there might be a reduction in the height of one or more of the
parking structures. I do not have information as to that reduction. The
last item is the F.A.R. - 1.44 proposed, 1.1 allowed, and the Department's
ld 61 APR 2 8 19�;
and the Administration's problem is that we do not think that a hardship can
exist when there is a request for more than what the ordinance permits. A
reasonable use is not being denied on the property. The request is for a
greater amount of the development than the ordiance permits, and therefore
we recommend against the approval of the variances as we did before the Zoning
Board.
Mrs. Weiss: Mr. Commissioner, I would like to point out that there are hard-
ships in the design of the buildings. ;lumber one, there are five acres
that is water mass and also the consideration of the property, as you will
note, it goes from one hundred twenty-two to one hundred sixty-six feet,
so it is very difficult to design the buildings on this piece of property.
Also, even if the parking structure is lowered, or made higher, it does not
even make any difference, because we are occupying less than ... we are occupy-
ing 14.1 in building structures, which includes the club house, seven build-
ings and the parking structures and all the rest is open space. So I think
from the point of design, it is well designed. From the point of hardship,
I think the land speaks for itself, the configuration, the frontage that is
there on the street which is only 130 feet wherein you have one mile frontage
on the water together with five acres being submerged.
Mr. Carollo: Mr. City Attorney, if I may, I would also like to have it again
for the record your opinion as to if any of the information that we have
been given by the representatives of Jacarol is incorrect, including the
ownership, if that would be sufficient grounds for at any time in the
future, if the City would find that any of that information that has been
given to us here was incorrect, that would be sufficient grounds to have
the Building and Zoning Department take the appropriate action to shut down
that project.
Mr. Garcia -Pedrosa: Well, Commissioner, in acting on this matter, you are
specifically relying upon the accuracy of the information being supplied to
you, particularly whereas here you dun't have independent means of verifying
that information. You have a foreign corporation, a foreign shareholder, and
so forth. In my view, if that information turns out to be false, then you
could rescind your action predicated on the fact that it was what the law
calls fraud in the inducement.
Mr. Carollo: Can we have for the record again from Mrs. Weiss the names of
the owners of this project.
Mrs. Weiss: I would like to state for the record the title of this property
is held on the Central Bank and Trust Co., that the beneficial owner is
Kean Enterprises S.A., a Panamanian corporation, the 100% stockholder is
Mario Fonseca L., shareholder and stockholder is the same party, Mario
Fonseca L. with his address being Calle 39, Number 436, Posto Arosamena,
Bellavista, Panama. Signed by him, note attested by him, notarized in
Panama by the Notary Public and also resigned under the Embassy of the
United States of America and attested by the Corporate Secretary.
Mr. Carollo: If I could get from the Administration an answer to the following
question. In essence what we will be doing here is either approving the actions
of the Zoning Board or disapproving them. Correct?
Mr. Whipple: That is as I understand it, yes, sir.
Mr. Carollo: In other words....
Mr. Gary: Yes.
Mr. Carollo: ....there would have to be three votes in this Commission today
to disagree with the Zoning Board's decision in order for this resolution that
is here today for it to fail. Correct?
Mr. Perez-Lugones: Correct.
sl 52 APR 2 8 lc, ►
Mr. Carollo: Have both parties been advised that they are entitled to have
a full Commission present?
Mr. Matthews: Mr. Mayor, one of the things that I wish to say to the Commission
is that up until this time, we have also faced a full Commission, and with the
burden of carrying three votes....
Mayor Ferre: You have that right. You, as the applicant, have the right to
request that a full Commission be here.
Mr. Matthews: Yes, sir, I'm afraid that with the push and shove, that I
wasn't able to, but yes, we do request a full Commission, seeing that we do
need three votes.
Mayor Ferre: Let me tell you, that brings us very quickly to a head. The
position of the City has always been as follows. You are entitled, the
applicant is entitled, under the rules that we have always run by, and I
have been here for ten years now, be heard by a full Commission. Now,
I can be overruled. Somebody can make a motion, and if there are three
votes here to overrule me, they can overrule that, because there is no
legal way of doing it. But the fact is that in the ten years that I have
been running the Chair of the City Commission, we have never had an exception
to that. Is there anybody here who wishes to state why we should not do what
is procedurally been the pattern in this City Commission in the past? On
the record, now, Mr. Matthews, you are asking that this matter be heard by
a full Commission.
Mr. Matthews: Yes, sir, that is correct.
Mayor Ferre: The Chair rules that this matter is continued until there is a
full Commission.
. Mr. Carollo: One aAAitional request, Mr. Mayor, so that neither of the parties
can say in the future that we have been unfair to their point of view. We have
agreed with one party to have the public hearing in this matter as the first
item of the regular agenda. Unfortunately, like most of our meetings, we have
_ a late start before we get to the regular agenda. It was stated here by one
of the objectors that they feel that it has been unfair to them that we have
been willing to hear this during working hours. Therefore, I think in order
to be fair to both parties at the same time, if we give a time, stick to that
time, I would like to ask the Planning Department to place this item at the
next regular zoning agenda, let's say at 7:00 P.M. in the evening, where we
will be assured that no matter what we might be hearing at that time, we will stop
it and take that item at 7:00 P.M. sharp, and this way give everybody the
opportunity to come and be heard.
Mayor Ferre: Do you want to make that in the form of a motion of continuance?
Mr. Carollo: Do we need to make that in the form of a motion or not?
Mayor Ferre: Yes.
Mr. Carollo: I would like to make that in the form of a motion.
Mayor Ferre: There is a motion that this item be continued on the basis
that it be heard at the next regular zoning meeting in the evening and that
no matter what we are discussing, we will stop and take it up specifically
at 7:00 o'clock.
Mr. Carollo: That is the motion.
Mayor Ferre: Is there a second to the motion?
Mr. Perez: I think, Mr. Mayor, that this issue was discussed very clearly.
The only thing that I would like maybe to move is to continue it for a full
Commission meeting. I think that would be important. Yes, but we are talking
about a hearing.
sl 53 APR 28 1983
Mayor Ferre: No, no, legally it is a continuance of the same item that is
before us presently. The only thing is that the maker of the motion specified
that the item be heard at 7:00 P.M. in the evening, that is all.
Mr. Perez: Yes, I don't have any inconvenience. I think that the....
?Mayor Ferre: Are you seconding the motion?
Mr. Perez: Yes.
Mayor Ferre: Further discussion? Call the roll. Hold on!
;Mrs. Weiss: Mr. Mayor, I think there is clear prejudice here by Mr. Carollo
on this matter. To state for the record that someone is not going to have
an emergency, or for Mr. J.L. Plummer is not going to be in an accident, or
Mr. Miller Dawkins is going to be out, or you may have a cold, that this
project will never be heard. I think that we have gone from excuses, as the
address being 4865 or 4861 for an excuse to defer this matter. I can see that
this matter is going to be constantly deferred regardless what comes here.
I think Mr. Carollo is taking this on a vindictive situation because there
may be personal circumstances between himself and me. I think Mr. Joe
Matthews is working together with Mr. Carollo by this constant orchestration
that is taking place here. This project is suffering for no reason of one
fault or the other. I think that this project being presented from September
1981 to today's date, which is we are in April, I think, 1983--one year and
seven months. I don't think this is really going to be heard at all in my
opinion! Because if we are going to state there is going to be a full
Commission, or there is not going to be a full Commission, on the last
month's hearing, which I could not appear, Mr. Joe Matthews himself waived
that right of having a full Commission. If he wanted to object to a full
Commission, he should not have started this meeting today! He should have
objected to it right then and there!
Mayor Ferre: He should have, absolutely. Ms. Weiss, you are right about that.
Mrs. Weiss: I don't think this should be taking place.
Mayor Ferre: Mr. Matthews, I want to tell you that Ms. Weiss is absolutely
correct....
Mrs. Weiss: I think he waived it.
Mayor Ferre: ....that you should have gotten up immediately to make your
objection rather than let us get into the matter. Secondly, I want to say
to you, sir, that in the past the question of being heard before a full
Commission is one that we waived once and sometimes twice, but very, very
few times. In other words, what I mean to tell you is that if at the next
Zoning meeting we do not have a full Commission, I really think I want to
tell you as the Chairman here, that I will rule that if there are three people
present we are going to hear the case unless I am overruled by three votes.
Mr. Matthews: Mr. Mayor, if I may say very briefly. Number one, I have
never spoken to Mr. Carollo in my life other than from this microphone.
Number two, the reason that I didn't mention up front was because Mr.
Vihila has been here and is off work and I wanted him to be allowed to
make his statement before we proceeded because he has waited that long.
That is the reason. And number three, I have never before requested a full
meeting because it has never come before the Commission without a full
Commission to my knowledge. I may be wrong on that.
*Mayor Ferre: My point to you is that the rules and procedure of this Commission....
Mr. Matthews: Yes, I understand.
Mayor Ferre: ....is you are entitled once. Now, the second time around that
is different.
Mr. Matthews: I understand fully.
51 54
APR 2 819$3
j
sl
Mr. Carollo: Mr. Mayor, if I may. I would just like to suggest to Mrs.
Weiss that if she would like to present some facts to back her statements
up, I would be more than happy to listen to them anytime that she would like
to bring the facts. But I strongly disagree with the statements that she made.
I would also like to ask Mrs. Weiss, since she assured us who the owners were
in this project, if you have ever known an individual by the name of Jose
Carlos Prado.
Mrs. Weiss: Yes.
Mr. Carollo: What is his relationship to this project?
Mrs. Weiss: I don't think this is relevant to this project at all, whatsoever.
I think you are trying to do the investigation for the Grand Jury. This is not
the Grand Jury. We are hearing a Zoning matter here on 4865 N.W. 7 Street.
You are trying to delay this matter over and over.
Mr. Carollo: Thank you, Mrs. Weiss.
Mayor Ferre: All right, further discussion on the motion? Call the roll,
please.
MOTION DEFEATED. On motion by Commissioner Carollo
and seconded by Commissioner Perez, the foregoing
motion was defeated by the following vote:
AYES: Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner Demetrio Perez, Jr. *
Commissioner Miller J. Dawkins
ABSENT: Vice Mayor J.L. Plummer, Jr.
ON ROLL CALL:
* Mr. Perez: Let me clarify something. I seconded that motion for the purpose
of discussion. I seconded the original motion of Commissioner Carollo for
the purpose of discussion, but I think that we have been on this matter for
a long time. It is time to try to make a decision on this controversial issue.
That is what I support, the opportunity that the people be heard, but I vote no.
Mayor Ferre: Now the motion fails. Therefore, this matter remains before
the Commission. We will take it up after the lunch break. Mr. City Attorney,
there is nothing else we can do.
Mr. Garcia -Pedrosa: No, sir, the matter is before you.
Mayor Ferre: The matter is before us. All right.
Unidentified Speaker: Mr. Mayor, may I say something?
Mayor Ferre: Yes, sir, quickly.
Unidentified Speaker: Without making a motion, would it be possible for the City to
arrange the next meeting at evening time?
Mayor Ferre: No, no, not next meeting; we are hearing this at 2:30. See,
the motion that was made for a continuation, the vote was two to two. Therefore,
it fails. You need three votes. Therefore, this matter is before us and we
will be hearing it this afternoon for a final vote. I would say 2:30, yes.
55
APR 28 1983
Mr. Ralph Carter: Mr. Mayor, my name is Ralph Carter. I own a construction
company here in the City of Miami. We were talking about hardships. I would
like to say for the record that I employ 77 voters in the City of Miami. We
have been waiting on this project because we are the people that are going
to put the building up.
Mayor Ferre: Mr. Carter, this matter will be voted on at 2:30.
Mr. Carter: I won't be here at 2:30.
like to say what I have to say.
Mayor Ferre: Go ahead.
I have to go to New York. I would
Mr. Carter: I have been waiting as long as Ms. Weiss has been waiting so
I can put these 77 voters in the City of Miami to *crk. I'd hate to go
back again today, after a year and seven months, and explain to them that
the City of Miami could not find time to reach a decision on whether they
could continue the work or not. I feel, like Ms. Weiss, that this thing has
gone far, too far and something should be done today.
Mayor Ferre: Thank you. Any other statements to be made at this time?
Mrs. Weiss: Mr. Commissioner, Mr. Mayor, if Mr. Carollo here, since he
raised the question, and he would like to know exactly why there is vindictiveness
between the parties, because Mr. Carollo feels that I have stopped him from
getting any relationship with Sheik Al Fassi, when he was in town. I have
nothing to do with Sheik Al Fassi. I never stopped in his way or stood in
anybody's way in doing anything with the Sheik, with Mr. Carollo, or otherwise.
My first meeting with Mr. Carollo was on the Lincoln Day dinner on February
of last year and he asked to be introduced to the Sheik. I set up that
introduction for him and from there it went on its own. I had nothing to
do with it. He's carrying this on his Phoulders as if I had anything to do
with the matter!
Mayor Ferre: Anything else to come up before this Commission at this time?
Mr. Dawkins, do you have anything? Mr. Perez? We stand adjourned then,
until... Mr. Batz has been waiting here all morning.
Unidentified Speaker: We will return at 2:30, Your Honor.
Mayor Ferre: Would you? Thank you, Mr. Batts. That is very helpful.
28. GRANT APPLICATION FOR ONE YEAR EXTENSION OF CONDITIONAL USE
FOR 7-STORY APARTMENT BUILDING, 703 N.E. 63 STREET.
Unidentified Speaker: Mr. Mayor, I have a noncontroversial item.
Mayor Ferre: What is your item, sir?
Unidentified Speaker: 34 and 35.
Mayor Ferre: All right, so that we can get rid of these people that have
been patiently waiting all morning, I think we can do those very quickly.
Mr. Dawkins: Move 34 and 35.
Mayor Ferre: Wait a minute! Does this have the approval of the Administration?
Mr. Gary: Yes, you have to make a statement.
56 1983
sl APR 28
Mavor Ferre: Item 34....
Mr. Gary: Mr. Mayor.
Mayor Ferre: Recommended by the Department, the Zoning Board voted 7-0,
subject to modifications and requirements ask for the City Commission's
resolution. This is the application by Belco for a one-year extension
of conditional use.
Mr. Gary: Mr. Mayor, I think they want to proffer a covenant that you should
hear before deliberating.
Mayor Ferre: *lake your statement, with your name and address for the record.
Mr. Robert Fisher: My name is Robert Fisher. My address is 680 N.E. 64 Street,
Miami. In working with the City Manager, we have provided the City and the
Dade County Fair Housing association with the resolution for affirmative
marketing, where we are encouraging minority occupation in the apartment.
In addition, we are encouraging during our construction, minority employment.
Mr. Gary: You said there was a covenant that you were going to proffer.
Mr. Fisher: Here it is, right here.
Mayor Ferre: Would you pass the covenant over to the Administration? Give
it to them. Would you let us know if that is an acceptable covenant? _
I
ir. Manager, is the covenant acceptable to the Administration?
Mr. Gary: The attorney is reviewing it right now. Mr. Mayor, the applicants
are saying they will make a covenant and register that. What I will say is
it can be voted with subject to the proffering of the covenant and it being
approved by the City Attorney.
Mayor Ferre: All right, further discussion on this? Are there any objectors?
Is there a motion on item 34? Moved by Dawkins with the stipulation that
the covenant is proffered. Seconded by Perez. Further discussion? Call
the roll on 34.
The following resolution was introduced by Commissioner Dawkins,
who moved its adoption:
RESOLUTION NO. 83-354
A RESOLUTION GRANTING A ONE YEAR EXTENSION OF A
CONDITIONAL USE AS LISTED IN ORDINANCE NO. 6871,
ARTICLE VII, SECTION 1(6-B)(c) TO PERMIT CONSTRUCTION
OF AN ADDITIONAL 7-STORY APARTMENT BUILDING TO THE
EXISTING BANYAN BAY APARTMENT COMPLEX ON PORTIONS
OF BANYAN BAY APARTMENT SUB (94-55), FALLESEN PARK
2ND AND (4-19), KNIGHT'S ADDN. TO LEMON CITY (A-26),
AND HURST AND PIERATT SUB (26-17).
(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
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice Mayor J.L. Plummer
sl 57 APR 28 1999
4
At
29. RELOCATE PORTION OF STORM SEWER EASDIENT FOR BANYAN BAY
APARTMENTS.
Mayor Ferre: Is 35 related?
Mr. Robert Fisher: Yes.
Mayor Ferre: Take up item 35, which is relocation of a portion of the
storm sewer easement for Banyan Bay Apartments by vacating a portion of
the existing easement. The Public Works Department recommends approval.
Unidentified Speaker: Yes, sir.
Mayor Ferre: Is there a motion on item 35? Moved by Dawkins. Seconded
by Perez. Further discussion? Call the roll on 35.
The following resolution was introduced by Commissioner Dawkins,
who moved its adoption:
RESOLUTION NO. 83-355
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A QUIT -CLAIM, DEED RELEASING A 20-FOOT EASEMENT THROUGH
BANYAN BAY APARTMENTS (94-55); ACCEPTING A NEW 20-FOOT
PERMANENT EASEMENT THROUGH THE WESTERLY PART OF BANYAN
BAY APARTMENTS (94-55); AND ACCEPTING THE RELOCATED
STORM SEWER THROUGH SAID EASEMENT, CONSTRUCTED BY
BELCO LTD., AT NO COST TO THE CITY.
(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
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice Mayor J.L. Plummer, Jr.
30. GF.ANT APPLICATION FOR VACATION AND CLOSURE OF A PORTION OF S.W.
54 AVENUE AS DESCRIBED IN CON'NECTION WITH TENTATIVE PLAT N0. 1150
"GENESIS SUBDIVISION".
Mayor Ferre: Mr. Phillips, is there anything we can do for you, sir?
Mr. David Phillips: I don't know whether there is opposition here. There
was one objector.
Mayor Ferre: Tell me what item it is, Mr. Phillips.
Mr. Phillips: 33.
sl 58 APR 2 8 1983
CJ
i
Mavor Ferre: 33 is an application by David Phillips for a vacation and
closure. There was a recommendation by the Planning Department of
approval. The Zoning Board voted unanimously on it. Are there any
objectors present on item 33? For the record, is there anybody objecting
on item 33? Mr. Manager, I assume that the recommendation of the Department
still remains in favor.
Mr. Gary: Yes, sir.
Mayor Ferre: Is there a motion on 33?
Mr. Perez: Move.
Mayor Ferre: Ma:,ed by Perez.
Mr. Dawkins: Second.
Mayor Ferre: Seconded by Dawkins. Further discussion on item 33? Call the
roll.
The following resolution was introduced by Commissioner Perez,
who moved its adoption:
RESOLUTION NO. 83-356
A RESOLUTION CLOSING, VACATING, ABANDONING AND
DISCONTINUING THE PUBLIC USE OF THAT PORTION OF
SOUTHWEST 54TH AVENUE LYING SOUTH OF THE SOUTHERLY
RIGHT-OF-WAY LINE OF SOUTHWEST 7TH STREET FOR A
DISTANCE OF + 113 FEET AS A CONDITION OF APPROVAL
OF TENTATIVE PLAT NO. 1150 "GENESIS SUBDIVISION".
(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
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice Mayor J.L. Plummer, Jr.
Mayor Ferre: I vote yes and we are glad to see you looking well, Mr. Phillips.
31. PERSONAL APPEARANCE: VINETTE CARROL TO RECEIVE PROCLAMATION AND
KEYS TO THE CITY, THE AUTHOR OF "YOUR ARMS ARE T0O SHORT TO BOX
WITH GOD".
Mayor Ferre: Ladies and gentlemen, before you leave, would you join me
just for a moment. We have a very, very distinguished lade whose name
is Vinette Carrol, who wrote and produced "Your Arms Are too Short to
Box with God". She is a New Yorker and has for the past three years been
attempting to transfer her very wonderful skills and creative talents to
South Florida with little success, I might add. She has also given up...
We really need to recognize her and encourage her. I want to say, on a personal
note, that I had the very good fortune and the honor, and Mr. Manager, I would
recommend to you that we all take time to go see "Your Arms Are Too Short to
Box with God". It is one of the most beautiful, theatrical performances
01
59 A 00 n a
may,,
6 J
sl
Mayor Ferre (CON'T): that I have ever seen. It is magnificent. It is a
testimony to the spirit of human beings and the spirit of God. It is a
great testimony to the Black community, to dance, choreography, music,
theatre. Two of the (I counted) eighteen performers are Miamians. I
personally recognized two of them, having seen two of them dance and sing
in the Wiz, those of you that remember the Wiz. Several of the performers
were part of that group. I think this is one of the highlights of the
theatre in Miami. I want to say on the record, Mr. Manager, and I commend
to you ... Walter Pierce was at that performance... that I think the City of
Miami should do everything within its power to help Black theatre in Miami.
I don't think we have done nearly enough. We are very fortunate to have
Vinette Carrol here. I'm going to give her a proclamation. She is really
a superstar in New York, :Miami, San Francisco, Chicago, or anywhere. I
think we are lucky to have her in South Florida part-time. We really want
to encourage her to come here. Corky, as you know, worked for her for
three or four years. She probably gained most of her experience there.
Vinnete Carrol, we are honored with your presence. If you would step
forward in recognition.
Mr. Dawkins: As the Mayor said, we do appreciate you in bringing this
cultural event to us. It is so often that every other ethnic group can
find the methods and the means to present us, but it is only recently
that we found out that there is money in it and we can do it too. So,
on behalf of this Commission and the Citv of Miami, I'd like to present
this certificate of appreciation to you, Ms. Carrol, and it says:
"In recognition of your contribution to Black theatre, as
the producer and director of "lour Arms Are too Short to
Box with God" and other outstanding plays such as "Don't
Bother Me, I Can't Cope" and for featuring 'Miami Black
talent as represented in this splendid production of
"Your Arms Are Too Short to Box With God" April 26, 1983,
affixed with the signature of the Mayor of Miami, Maurice
A. Ferre."
Mayor Ferre: Ms. Carrol, I want to say, Corky, come on up here. You _
join us, come up here. I reserve the Keys of the City of Miami for —
heads of state, ministers of government, governors of the major states,
or other superstars. I want to tell you that in the athletic area in
ten years I may have given the Keys of the City of Miami maybe three
or four times. In theatre and performance, I think I have a Key to
Fernando Bujones, who is a...you know Fernando Bujones. I think I
gave a Key to Mikael Barishnikov. I did give a key to Luciano Pavarotti.
I cannot think of anybody else that I have given a Key of the City of
Miami to in ten years. I say that because, as I give you the Keys to
the City of Miami, I want you to know that I don't go around giving the
Keys of this City to everybody. I want to make special note of the fact
that I do this in high recognition of the high quality and caliber of
your work.
Ms. Vinette Carrol: I cannot begin to tell you, Mr. Mayor, how flattered
I am and how pleased I am for this recognition because I love South
Florida very, very much and dearly wish to be part of the cultural life
here. So I really appreciate it and I'm glad that we are able to use
artists from the community and also to bring to bring some artists from
the country here. I am flattered. I am pleased. I am grateful. Thank
you very much.
Mayor Ferre: I am sure that I speak for the whole Commission and the
Administration in saying to you that we not only wish to encourage you,
we wish to support you. I would like very much, Mr. Manager, at your
convenience, when your schedule permits and when Ms. Carroll is available,
for you to have a luncheon and invite the members of the Commission and
select people in the Black theatre movement and perhaps we can have a
working luncheon and kind of discuss how we can be of more support to you.
Ms. Carrol: Thank you very much.
THEREUPON, THE CITY COMMISSION WENT INTO A LUNCHEON RECESS
AT: 12:40 P.M., RECONVENENING AT: 2:40 P.M., WITH ALL
MEMBERS TO BE PRESENT EXCEPT FOR: Commissioner J.L. Plummer, Jr.
and Commissioner Miller J. Dawkins.
60 APR 28 1988
ri
4
32. PLAQUES, PROCLAMATIONS, AIND SPECIAL ITE'2S.
Declaring April 30, 1983 Disabled Vietnam Veterans Day.
Presented to Mr. Craig McWhourter and rir. John Meles.
Presentation of commendations to: Dr. George Koonce, Principal, Miami North-
western Sr. High; the students who scored 1000 or more on Scholastic aptitude
Test; the National Merit Scholarship finalists; the students on the Principal's
Honor Roll.
Proclamation declaring April 30, 1983 Alicia and Marcos Kohly Day on the
occasion of their 35th wedding anniversary.
Proclamation declaring May, 1983 as National Physical Fitness and Sports For
All Month, presented to Mr. Al Howard, Director of Leisure Services.
Commendation presented to Mr. Orlando Lopez for his success in the field of
music.
Presentation of commendations to Mr. :,ose Velazquez, Eddie Toledo and Ignacio
Gonzalez, recipients of the Eagle Scout Award.
Condolences presented to the family of Dan Brennan.
33. SECOND READING ORDINANCE: AMEND ORDINANCE 6871, ADD HC-2
RESIDENTIAL OFFICE HERITAGE CONSERVATION OVEP.LAY DISTRICT.
AN ORDINANCE ENTITLED -
AN ORDINANCE :ENDING ORDINANCE NO. 6871, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY
AMENDING ARTICLE III - ZONING DISTRICTS, SECTION 1 = CLASSES
AND SYMBOLS, BY ADDING "HC-2: RESIDENTIAL, OFFICE HERITAGE
CONSERVATION OVERLAY DISTRICT AFTER HC-1: GENERAL USE HER-
ITAGE CONSERVATION OVERLAY DISTRICT"; FURTHER, BY ADDING A
NEW "ARTICLE XXI-11 (HC-2) RESIDENTIAL OFFICE CONSERVATION
OVERLAY DISTRICT"; PROVIDING FOR INTENT, EFFECT, USE REGU-
LATIONS, LIMITATIONSON USES, AREA, YARDS, HEIGHT, LOT
COVERAGE, FLOOR AREA RATIO, LANDSCAPING, OFF-STREET PARKING
AND CERTIFICATES OF APPROPRIATENESS; BY MAKING THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDIN-
ANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2, 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 March 24, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Carollo, seconded by Commissioner Perez, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio 2erez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
rt 61 APR 28 1983
THE ORDINANCE- WAS DESIGNATED ORDINANCE NO. 9603.
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.
34. SECOND READING ORDINANCE: ADD NEW SECTION 1611 HC RESIDENTI U,
OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT TO ZONING
ORDINANCE 9500.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500 (UPON BECOMING
EFFECTIVE), THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORICA, BY AMENDING ARTICLE 16 OF SAID ORDINANCE EN-
TITLED "HC: HERITAGE CONSERVATION DISTRICTS;" MORE PARTIC-
ULARLY BY ADDING A NEW "SECTION 1611. HC-2: RESIDENTIAL
OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT;" PROVIDING
FOR INTENT, EFFECT, USE REGULATIONS, LIMITATICNS ON USES,
AREA, YARDS, HEIGHT, LOT COVERAGE, FLOOR AREA RATIO,
LANDSCAPING, PARKING, AND CERTIFICATES OF APPROPRIATENESS; AND BY MAKING ALL THE NECESSARY CHANGES IN THE ZONING ATLAS
MADE A PART OF SAID ORDINANCE NO. 9500, BY REFERENCE AND
DESCRIPTIO14 Iid ARTICLE 3, SECTION 300, THEREOF; BY REPEAL-
ING 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 March 24, was
taken up for its second and final reading by title and adoption. On motion of
Mayor Ferre, seconded by Commissioner Perez, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9604.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
62 APR 28 1963
rt
35. SECOND READING ORDINANCE: APPLY HC RESIDENTIAL OFFICE HERITAGE
CONSERVATION OVERLAY DISTRICT TO PRCPERTY 3041 OAK AVENUE
(DR. ElHERSON W. AYARS HOUSE).
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY
APPLYING THE HC-2: RESIDENTIAL OFFICE HERITAGE CONSERVA-
TION OVERLAY DISTRICT TO THE "DR. El•SERSON W. AYAPS HOUSE,"
BEING APPROXIMATELY 3041 OAK AVENUE, (MORE PARTICULARLY
DESCRIBED HEREIN); MAKING FINDINGS; AND BY ,BAKING ALL THE
NESSARY CHANGES IN THE ZONING DISTRICT :BAP MADE A PART OF
SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN
ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL ORDIN-
ANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of March 24, was
taken up for its second and final reading by title and adoption. On ;notion of
Mayor Ferre, seconded by Commissioner Perez, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
LACES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9605.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City'Commis-
sion and to the public.
rt
63 APR 28 1983
4
I
36. SECOND READING ORDINANCE: ADD PROPOSED HC RESIDENTIAL
OFFICE HERITAGE CCNSERVATION OVERLAY DISTRICT TO ZONING,
ORDINANCE 9500 (DR. EtlERSON W. AYARS HOUSE).
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500 (UPON BECOMING
EFFECTIVE), THE ZONING ORDINANCE OF THE CITY CF MIAMI,
FLORIDA, BY APPLYING THE HC-2: RESIDENTIAL OFFICE HERIT-
AGE CONSERVATION OVERLAY DISTRICT TO THE "DR. EMERSON W.
AYARS HOUSE," 3041 OAK AVENUE, (MORE PARTICULARLY DE-
SCRIBED HEREIN); MAKING FINDINGS; AND BY MAKING ALL THE
.'ECESSARY CHA?JGES IN THE ZONING ATLAS MADE A PART OF SAID
ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ART-
ICLE 3, SECTION 300, THEREOF; BY REPEALING ALL ORDINANCES,
CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAIN-
ING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of March 24, was
taken up for its second and final reading by title and adoption. On motion of
Mayor Ferre, seconded by Commissioner Perez, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9606.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
rt
64
APR 28 1983
37. SECOND READING ORDINANCE: ADD PROPOSED HC-1 GENEPAL USE HE71ITAGE
CONSERVATION' OVERLAY DISTRICT TO .THE ZONING ORDINANCE 9500
CONCERNING PROPERTY iC101,IN AS THE I-CHING BUILDING.
AN ORDINANCE ENTITLED -
AN ORDINANCE A1-1ENDING ORDINANCE NO. 9500 (UPON BECOMING
EFFECTIVE), THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY APPLYING THE HC-1 GENERAL USE HERITAGE CON-
SERVATION OVERLAY DISTRICT TO "THE VARIETY SHOP/THE GREAT
A & P TEA COMPANY," 3033-35 GRAND AVENUE, (MORE PARTICULARLY
DESCRIBED HEREIN); MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES IN THE ZONI14G ATLAS MADE A PART OF SAID
ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTICN IN ART-
ICLE 3, SECTION 300, THEREOF; BY REPEALING ALL ORDINANCES,
CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAIN-
ING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of March 24, was
taken up for its second and final reading by title and adoption. On motion of
Mayor Ferre, seconded by Commissioner Perez, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE 110. 9607.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
rt
65
APR 2 8 1983
38. SECOND READING ORDINANCE: ADD NEH SECTICN 1612 HC-3 RESIDENTIAL
OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT TO ZONING
ORDINANCE 9500.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500 (LPCN BECOMING
EFFECTIVE), THE ZONING ORDINANCE OF _11iE CITY OF MIAMI,
FLORIDA, BY AMMENDING ARTICLE 16 OF SAID ORDINANCE ENTITLED
"HC: HERITAGE CONSERVATION DISTRICTS;" MORE PARTICULARLY
BY ADDING A NEW "SECTION 1612. HC-3: RESIDENTIAL - OFFICE
HERITAGE CONSERVATION OVERLAY DISTRICT;" PROVIDING FOR
INTENT, EFFECT, USE REGULATIONS, LIMITATIONS ON USES,
AREA, YARDS, HEIGHT, LOT COVERAGE, FLOOR AREA RATIO,
LANDSCAPING, PARKING, AND CERTIFICATES OF APPROPRIATENESS;
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 March 24, was
taken up for its second and final reading by title and adoption. On motion of
Mayor Ferree seconded by Commissioner Perez, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner :Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9608.
The City Attorney read
announced that copies were
sion and to the public.
rt
the ordinance into the public record and
available to the members of the City Commis-
ss
APR 28 1983
41 AJ
39. SECOND READING ORDINANCE: ADD PROPOSED HC-3 RESIDENTIAL
OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT TO ZCNING
ORDINANCE 9500, PROPERTY LOCATED 111 S. W. 5 AVE.
Q. W. WARNER HOUSE).
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500 (UPCN BECOMING
EFFECTIVE), THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY APPLYING THE HC-3: RESIDENTIAL - OFFICE
HERITAGE CONSERVATION OVERLAY DISTRICT TO THE "J. W.
WARNER HOUSE," 111 SOUTHWEST STH AVENUE, (:'TORE PARTIC-
ULARLY 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 DE-
SCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; BY REPEAL-
ING 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 March 24, was
taken up for its second and final reading by title and adoption. On motion of
Mayor Ferre, seconded by Commissioner Perez, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demet'io Perez, Jr.
Mayor Maurice A. Ferre
NCES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9609.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
----------------------------------------------------------------------------
NOTE FOR THE RECORD: Agenda items 12, 13, 14 and 15 were continued.
----------------------------------------------------------------------------
rt 67 APR 28 1983
40. FIRST READING ORDINANCE: APPLY PROPOSED HC-1 GENERAL USE
, RITAGE CONSERVATION OVERLAY DISTRICT TO PROPERTY LOCATED
AT 3429 DEV014 ROAD (PLYaOUTH CONGREGATIONAL CHURCH).
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: GE14ERAL USE HERITAGE
C014SERVATION OVERLAY DISTRICT TO "PLYMOUTH CONGREGA-
TIONAL 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.
was introduced by Commissioner Carollo and seconded by Ccramissioner Perez
and passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
41. FIRST READING ORDINANCE: ADD PROPOSED HC-1 GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO THE ZONING
ORDINANCE 9500 TO PROPERTY LOCATED AT 3429 DEVON ROAD
(PLYMOUTH CONGREGATIONAL CHURCH).
AN ORDINANCE ENTITLED -
AN ORDINANCE XTENDING ORDINANCE NO. 9-900 (UPON BECOMING
EFFECTIVE), THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY APPLYING THE HC-1 GENERAL USE HERITAGE CON-
SERVATICN 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.
Was introduced by Commissioner Carollo and seconded by Commissioner Perez
and passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
rt 68 APR 28 1983
42. 7IRST READING ORDINANCE: APPLY PROPOSED HC-1 GF%,nRAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO PROPERTY LOCATED
AT 3429 DEVON ROAD (FIRST COCONUT GROVE SCHOOLHOUSE).
Mayor Ferre: Is there anybody here who wishes to speak to these items? Now,
if Plummer were here he would have asked, and I guess I should have done
that on the record: Is this voluntary?
Ms. Joyce Meyers: The owners of the property appeared at the public hearing
of the Heritage Conservation Board and agreed with the designation.
Mayor Ferre: Just answer yes or no. Did the Plymouth Congregational Church
approve?
Ms. Mevers: Yes.
Mayor Ferre: Do you have it in writing?
Ms. Meyers: I have it on the record at a prior public hearing.
Mayor Ferre: That's good enough, I'm sure, for Commissioner Plummer. Now,
how about the First Coconut Grove Schoolhouse?
Ms. Meyers: The same.
AN CRDINAINCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIA.MI,
BY APPLYING THE HC-1: GE14ERAL USE HERITAGE CONSERVATION
OVERLAY DISTRICT TO "FIRST COCONUT GROVE SCHOOLHOUSE,"
BEING APPROXIMATELY 3429 DEVON ROAD, (MORE PARTICULARLY
DESCRIBED HEREIN); 14AKING FINDINGS; AND BY `BAKING ALL THE
NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART
OF SAID ORDINANCE NO. 6671, BY REFERENCE AND DESCRIPTION
IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL ORD-
INANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner Perez
and passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the Cit Commis-
sion and to the public.
69 APR 28 10%083
rt
43. FIRST READING ORDINANCE: ADD PROPOSED HC-1 GENERAL USE
HERITAGE CONSERVATICN OVERLAY DISTRICT TO THE ZONING
OR=,4AZ10E 9500, PROPERTY - 3429 DEVON ROAD (FIRST COCONUT
GROVE SCHOOLHOUSE).
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENIDING ORDINANCE NO. 9500 (UPON BECOMING
EFFECTIVE), THE ZONING ORDINANCE OF THE CITY OF MIA.�II,
FLORIDA, BY APPLYING THE HC-1 GENERAL USE HERITAGE CON-
SERVATICN OVERLAY DISTRICT TO "FIRST COCONUT GROVE
SCHCCLHOUSE," BEING APPROXIMATELY 3429 DEVON ROAD, (MORE
PARTICULARLY DESCRIBED HEREIN); tilAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES IN THE ZONING ATLAS
MADE A PART OF SAID OPDINANCE NO. 9500, BY REFERENCE
AND *DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; BY
REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS
THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner Perez
and passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice-Mavor J. L. Plummer, Jr.
44. FIRST READING ORDINANCE: APPLY PROPOSED HC-1 GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO PROPERTY LOCATED
AT 3747 MAIN HIGHWAY (EL JARDIN).
Mayor Ferre: Do you have a letter also from this property?
Ms. Meyers: I have their consent on the record.
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 CON-
FLICT AND CONTAINING A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner Perez
and passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
rt
70 APR 2 8 1983
J
Ad
45. FIRST READING ORDINANCE: ADD PROPOSED HC-1 GE17ERAL USE
HERITAGE CONSERVATION OVE-IdAY DISTRICT TO r. ZONING ORDIN 4CE
9500, PROPERTY LOCATED AT 3747 MAIN HIGHWAY (EL JARDIN).
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500 (UPON BECOMING
EFFECTIVE), THE ZONING ORDINAICE OF THE CITY OF MIAMI,
FLORIDA, BY APPLYING THE HC-1 GENERAL USE HERITAGE CON-
SERVATION OVERLAY DISTRICT TO "EL JARDIN," 3747 MAIN
HIGHWAY, (MORE PARTICULARLY DESCRIBED HEREIN); MAKING
FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES IN THE
ZONING ATLAST MADE A PART OF SAID ORDINANCE NO. 9500, BY
REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; BY REPEALING ALL 0RDINANCES, CODE SECTIONS, OR
PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner Perez
and passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the uublic.
46. FIRST READING ORDINANCE: APPLY PROPOSED HC-1 GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO PROPERTY LOCATED
AT 3575 MAIN HIGHWAY (THE PAGODA).
Mayor Ferre: Item 22 is the Pagoda, do you have it on the record also they
are in favor?
Ms. Meyers: Yes.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE
COMPREHENSIVE 2O14ING ORDINANCE FOR THE CITY OF MIAMI, BY
APPLYING THE HC-1: GENERAL USE HERITAGE CONSERVATION OVER-
LAY 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 REPEAL-
ING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CON-
FLICT AND CONTAINING A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner Perez
s, and passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
wnrq: Mone.
"71
ABSENT: Commissioner Miller J. Dawkins APR 28 1983
Vice -Mayor J. L. Plummer, Jr.
J,
i
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the Cit Commis-
sion and to the public.
47. FIRST READING ORDINANCE: ADD PROPOSED HC-1 GENERAL USE HERITAGE
CCNSERVATION OVER..,AY DISTRICT TO ZONING ORDINANCE 94-00, PROPERTY
LOCATED AT 3575 MAIN HIGH14AY (THE PAGODA).
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500 (UPON BECCMING
EFFECTIVE), THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY APPLYING THE HC-1 GENERAL USE HERITAGE CON-
SERVATION OVERLAY DISTRICT TO "THE PAGODA," 3575 MAIN
HIGHWAY, (MORE PARTICULARLY DESCRIBED HEREIN); MAKING
FINDINGS; AND BY MAKING ALL THE NECESSARY CN.ANGES IN THE
ZONING ATLAS MADE A PART OF SAID ORDINANCE NO. (%)), BY
REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR
PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner Perez
and passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
:Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the Cit Commis-
sion and to the public.
48. FIRST READING ORDINANCE: ADD PROPOSED HC-1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO ZONING ORDINANCE 9500,.PROPERTY
LOCATED 250 N.W. 9TH STREET (D. A. DORSEY HOUSE).
Mayor Ferre: Take up Item Number 24, which is the D. A. Dorsey House. Do
you have consent, on the record?
Ms. Joyce Meyers: I have consent in writing through the Black Archives. The
owner did not appear at a public hearing. Representatives of the Black Ar-
chives were here.
:Mayor Ferre: All right, Walter, get a hold of J. L. Plummer and find out if
he has any objections in this particular item. This is the Dorsey House.
Tell him that we don't have any consent per se, but we do through the Black
Archives. Do you want to make a statement into the record?
Mr. Arthur King: Yes. Mr. Mayor, I am Arthur King, the Chairman of the Board
of the Black Archives. We do have a letter of consent from this man.
Mayor Ferre: Oh, I am sorry! Walter, we are all set. We do have a letter
of consent. That is all I am asking. You do. The Black Archives has a letter
of consent. That is a public record - you have a letter of consent. Is
there a motion?
id 72
.APR 28 1983
J
Mr. Carollo: So moved.
favor Ferre: Is there a second? All right, further discussion. Anybody
want to speak on this? All right, read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE A.�fENDING 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 "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 300, THEREOF; BY REPEALING ALL ORDINANCES, CODE
SECTIONS, OR PARTS THEREOF IN CONFLICT AN-D CONTAINING A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner :filler J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
49. FIRST READING ORDINANCE; ADD PROPOSED HC-3 RESIDENTIAL OFFICE
HERITAGE CONSERVATION OVERLAY DISTRICT TO THE ZONING ORDINANCE
9500, PROPERTY LOCATED 1500 BRICKELL AVENUE (PETIT DUOY).
Mayor Ferre: The next one is the Petit Duoy. That is the one on Brickell
Avenue, right? Do you have a letter of consent from the owner?
Ms. Joyce Meyers: I have their statements on the record in favor.
Mayor Ferre: Tell me again - you have what?
Ms. Meyers: I have their consent on the record at a prior public hearing.
Mayor Ferre: Is there a motion on 25?
Mr. Carollo: So moved.
Mayor Ferre: It has been moved and seconded. Further discussion? Read the
ordinance.
ld 73 APR 2 81983
4 .4
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-3; RESIDENTIAL - OFFICE
HERITAGE CONSERVATION OVERLAY DISTRICT TO THE "PETIT
DOUY," 1500 BRICKELL 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 DE.CRIPTION IN ARTICLE 3,
SECTION 300, THEREOF; BY REPEALING ALL ORDINANCE, CODE
SECTIONS, OR PARTS THEREOF IN CONVLICT AND CONTAINING A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner :tiller J. Dawkins
Vice -Mayor J. L. Plu* ner, Jr.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
-------------------------------------------------------------------------------
NOTE FOR THE RECORD: Agenda Items 27, 28, 39 40 were continued.
-------------------------------- -----------------------------------------------
50. PUBLIC HEARING DISCUSSION A.ti'D DEFERRAL. OF CONSIDERATION OF
PROPOSED ACQUISITION OF STRESS TRAINING SIMULATORS FOR THE CITY
OF MIAMI POLICE DEPARTMENT.
Mayor Ferre: All right, we are now on Item Number 29, which is a public hearing
concerning the proposed acquisition of the Stress Training Simulator for the
City of Miami Police Department. Now, in view of the fact that Commissioner
Plummer, Commissioner Dawkins and Manager Howard Gary are not here, we will not
come to a vote, but I think it is important to get some questions on the record,
so Mr. Reid, is Chief Mike Cosgrove around? All right, to you, Mr. Reid and
Mr. Cosgrove on the record, there is a report that has come in, Mr. Manager,
by the office of the Dade -Miami Criminal Justice Council, Dr. Jess Silbert,
Executive Director...now in this report, it specifically says in the conclusions
and recommendations, and I think they are worthy of reading into the record:
"It is our belief that the way a police officer handles a given situa-
tion determines whether or not the situation result
in the use of deadly force. We believe that training, geared to
heighten an officer's awareness of the dynamics at work at the high
stress situations and providing an officer with the necessary skills
to diffuse that situation is the key in avoiding the unnecessary use
of deadly force. Techniques such as role playing and behavior modifi-
cation techniques can be employed to achieve desired results."
Now, he recommends that the County's decision to purchase any system should be
"....based on that system's ability to address the current problem,
which is the elimination or minimization of questionable police use
of deadly force. It is our belief that the use of only multi -media
devices, focusing on 'shoot -don't shoot' decision training does not
address the primary cause of unjustified or questionable use of
deadly force. The events occurring just prior to a shooting which
ld 74
APR 28 1983
J 41
initially may not have presented an eminent threat. Any 'shoot -
don't shoot' training is simply stated, decision making training.
Now, while we do not deny that this type of training is an
absolute necessity, we question whether or not it addresses the
current problem. Many people, including some of those in the
training field view this as negative training."
Further on it says:
"In man to man type situations as exists in police work, a simu-
lator does not provide the interaction necessary to achieve the
desired results or measures performance in the broad spectrum of
police work. The recommendations it says: The major
elements of the system, that is the computor controlled life
sized images, audio and visual interplay - all contribute to
making the system and interesting supplementary device, com-
bined with local production of the training scenerios."
Now, I have the following questions that I need answered. The Criminal Justice
Council of which Joe Carollo is a member, I think....
Mr. Carollo: That's correct.
Mayor Ferre:.... is supposed to serve everybody, and that includes the City of
Miami. I would like to know why this is a prepared study for the County Manager
and why the City of Miami did not ta'e advantage of supposedly our expert citi-
zen's group here, of experts, and ask their evaluation of our proposal? That
is question number one. Question number two that I have, is that I understand _
this report, it basically implies that $600,000 is not the end of the expendi-
ture. Now, what we have been told is that this is going to cost $600,000 and
that we are going to get a $300,000 grant. Well, the question is, is that the
total cost, or are there additional costs? And if so, what are they, and what
are the on -going costs to run and operate and maintain such a system. The third _
question that I have, is are there competitive systems to the one that is being
purchased from September Associates. If so, what are the competitive systems -
what are their costs? Where are they used? Are they better? The fourth
question that I have is - we already have a...(by the way, I never knew this
before) but I now find out we have a training process out on Virginia Key
and that for substantially less money, we can build a village or a simulated
situation, I guess, that would be a more life like situation. Now, are we
doing that? How does that compare this? Where do we stand on that? What
kind of a system do we have? What kind of a system does Metropolitan Dade
County have? Are they similar? If they are different, how are they different?
How does this improve what we have, if at all? Now, I guess my last question,
Chief Cosgrove, is in the Flint, Michigan September Associates System, is there
a conclusion - in other words, I understand, and this I got from a newspaper
report (Susan Sachs' report in the Herald this morning) that there is no con-
clusion. In other words, you don't come to a conclusion. I am confused by
all of these things that are brought up in the Miami Herald report this
morning, and I think that before we proceed, we need some answers.
75
ld
APR 28 1983
41
J,
sl
Mayor Ferre: Lastly, with all due respects to the Manager, he is not a cop, not
a professional. He knows more about the Criminal Justice System perhaps than I
do, but not a hell of a lot more. We have a Chief, who is the chief law enforcement
officer of this City. He went up to Flint, Michigan. With all due respects to
Miller Dawkins and J.L. Plummer, their opinions are valid, but I'm not concerned
with their opinions. I am concerned with the Police Chief's opinion. I know that
the Police Chief is in a difficult situation because he works for the City Manager.
I need for the Police Chief to get on that record and tell me that he has gone
to Flint, Michigan; that he has seen the system work; that he is for it; and that
he is supportive of it; and that he thinks it is a step in the right direction in
the law enforcement procedures of the City of Miami. If you want to address yourself
to any of these questions at this time, I'd be happy to lister.
Asst.Chief.Michael Cosgrove: Well, it is somewhat of a late date right now because of
the fact that the report that came down from the Criminal Justice Council was
just released late yesterday afternoon. We have not had an opportunity to review
all the information in that report and its ramifications. So, what I would
recommend that we do at this point is be prepared at the next City Commission
meeting to respond to your questions and the additional remifications that are
contained in that report.
Mayor Ferre: Also, Chief, I might remind you that I made part and parcel of the
motion, and Mr. City Attorney, you better get the legal aspects of this clear.
If not, I will make a motion to make it legal, that we were not going to move
on this simulator machine without some other things happening at the same time
or shortly thereafter. Let me remind you what they were. We do psychological
training now. There is some question as to how psychological training, I'm
sorry, psychological testing is used by Mr. Krause, since you don't get to see
that stuff....
Asst.Chief Michael Cosgrove: Not presentiv.
Mayor Ferre: ....as to whether or not it is being effectively used to screen
out people who have the potential to be overly violent. I'm talking only about
that issue. We are talking also about the question of whether or not on a
periodic basis a person, whether it is every ten years --I don't know, you will
have to come up...you, the professionals will have to tell us whether it should
be five or ten years or whatever-- but you have to go out and prove you know how
to shoot a gun every so often. The fact that you proved it five years ago
doesn't mean that is good forever. How often do you have to go out and shoot?
Asst.Chief:Michael Cosgrove: We qualify quarterly, once every three months.
Mayor Ferre: O.K., and I might ask you to qualify psychologically every three
months, but I certainly think that once every five years we ought to run every-
body through and make sure... And I mean the Chief, starting with the Chief
and going right down to the latest rookie should be tested to make sure he hasn't
gone (and I don't mean to imply that anybody has) but that person hasn't gone
bezerk in the department. That was the first requirement. The second requirement
that I had was sensitivity training. I used two examples to get it out of the
black issue, I used the example of last year's disturbance in Little Havana.
There was... What is the name of that priest that was speaking, O'Farrow?
Mr. Carollo: I believe it was.
Mayor Ferre: Father O'Farrow was up on the stomp. He had a microphone and
he was speaking. The lieutenant that was listening to all of this didn't
understand a word of Spanish. He, and I think I understand, justifiably
panicked. He said this guy is inciting, this priest is inciting these people
to riot! Well, he wasn't. He was actually calming them down. But, you know,
the lieutenant didn't understand Spanish. He doesn't understand the nuances
of the Cuban community. So he came to the wrong conclusion. His conclusion
was this guy is inciting the riot. He was doing just the opposite! When the
lieutenant ordered a sergeant to remove the microphone, that almost caused
the riot! That was the cause, then, of the people to march on; and then you
had to lift the bridge. But the whole situation got out of hand when the
priest, who was in the middle of making a speech, had the microphone removed.
Now that is called sensitivity. Any good Latin cop could have told you
immediately that there was nothing to be concerned about at that particular
point. There was a language barrier difference. I'll give you another
example. In the January situation, Georgia Ayares Jones is out in the middle
6 APR 28 1983
40 i
Mayor Ferre (CON'T): ....of the street with a dozen teenagers. A half hour
Roes by. She has almost talked them into leaving. Somebody... there is a little
noise. Somebody got upset and they threw a canister of tear gas in the middle
of that; that was the end of it. A Black teenager in an excited situation in
the ghetto, I think, speaks, says things. and makes gestures that a non -Black who
would doesn't understand all that, :night react,very differently. Sensitivity training
means that people are put through the processes of understanding how other people
react. I know that we are going through what they call a salt and pepper approach.
But the fact is that may be impossible totally. There may be a circumstance where _
a White police officer may be confronted in a Black community with a Black
crisis, or a situation, and he has to have some little, even if it is minimal,
understanding. That is what I mean by sensitivity training.
Now, the last thing, and to me I think one of the most important, is the
question of stress. You know and I know that there is no job in America that
has more stress than being a police officer. I know that my friends, the fire-
fighters, get upset with me when I say that, because they do have a greater _—
heart attack and sickness and all that, but the fact is that the Police Deparments
throughout America and in Miami, in particular, have more divorces per capita,
more problems of alcoholism per capita, more difficult psychological situations
than any other department, including the Fire Department. So, I don't think...
the people that are in the know in the Police business know that officers live
under tremendous strain and stress. We are not dealing with that now; because
the way we deal with it is, if the commanding officer or supervisor thinks that
cop is under stress, he sends him down to the local shrink. Well, that goes on
the record. There is a reluctance for a person to volunteer, and you know what
I'm talking about, Mike. You ,now that Mr. Galob and Wally Rodak and others
have been trying to create a system where outside of the Police Department there
is a place where an officer and his family and his children can go and one,
socialize, two, have athletic facilities, and three, have at its disposal a
trained professional, so that if he does have a drinking problem or he is having
a problem with his family, that he can go and seek relief without having to go
through the process within the Department that goes on his record, etc., etc.
I guess what I'm trying to say is that to me, as important as having the
machine is the proper use of psychiatric and psychological testing, sensitivity
training into the community and community and differences beween cultural groups.
God knows we have them here! I mean with a community that is over 60% Cuban,
25% Black you know we have a good cross section of problems.
Lastly, the question of how we deal with stress for the rank and file
police officer. To me, I don't want to move on this synthesizer machine
until I know that we are also moving in these other directions.
Mr. Carollo: Mike, speaking for myself, the only thing I don't want to see is
the City of Miami ending up paying close to $2,000,000 as it was reported that
might be a possibility. I know that statement that was made could be thoroughly
wrong and you will need the opportunity to go over that report that was issued
to analyze it further. But as long as the dollar figures fall within the scope
of what we originally were told, I think that is going to be a decision that is
going to have to be made by you all, the administration within the Police
Department and I w411 back whatever decision you all make. Being a police
officer today is one of the most difficult jobs that an individual could be
in. It's a catch-22 situation that you are damned if you do and you are damned
if you don't. It's a job that you are under pressure 24 hours a day. It begins
by the constant internal pressure within the Police Department, the police
administration, the coworkers, men and the officers out on the streets, you
have the pressure and the public. You go home and you have pressures from
the family. It is a very, very difficult job that you hear very few times
"thank you." You are out there risking your life for $20,000 plus a year
and there are so many demands placed upon you. You not only have to be a
law enforcement officer. You have to be a counselor. a social worker, a
priest, a rabi, a teacher, a psychiatrist. You have to be a jack-of-all-trades.
It is extremely difficult. I hope that this community begins to understand
a little better how hard it is to be a police officer. It's not an easy task.
It's the most difficult job there is in my estimation. But I do agree with the
Mayor that we have to have a balance in the different methods of teaching that
we can give our officers. It's just not going all the way and teaching them
in the area or when to shoot and not to shoot. You have to have a balanced
program. I think you have all done an excellent job in trying to bring a
balanced program, and in particular you have, Mike. I know that a lot of
that responsibility has fallen directly on your shoulders. But as far as
sl 77 APR 2 8 1983
h 4
Mr. Carollo (CON'T): ....whatever decision you make, as long as the dollars
and cents fall in the figure that we originally discussed, you have my complete
support. Even if this new system is only half as good as it is supposed to be.
I think it should only be looked at as an additional area that we have of training
our officers. I don't think we should look at it as the sole new training
technique that we are going to use. It should be used as an additional aid
that we are going to use in conjunction with others. For instance, one of
the things that I would like to see, and I made mention of this in the past,
I would like to see an outdoor training institute in the form of outdoor range
with all the real areas that police officers might encounter in real life built =
in an outdoor facility, such as Virginia Key, where our officers can go and
train in real life situations and encounters. We can make a gun range out
there at a very, very reasonable cost: well under a quarter of a million dollars.
I think that would be of terrific assistanceXe have the land there that is not
being used. We have all the facilities and at the same time, it would bring
additional security to that area. So, that is something I would like to possibly
get a response on also, dike, on what you all feel. I think the last time we
discussed that you had been studying the possibility. I would like to see an
outdoor shooting range that would incorporate all these other things out in
Virginia Key together with maybe some of the training courses for the canine
and horse patrol, etc.
---------------------------------------------------------------------------
Commissioner Dawkins returned to the meeting at 4:20 P.M.
----------------------------------------------------------------------------
Mayor Ferre: Commissioner Dawkins, we are on item 29. We're not going to vote
on this thing today because J.L. Plummer is not here and the Manager is not
here. But I thought it was important on the reccrd to get all the questions
that the Commission may have and then the answers with regard to this thing.
Since you personally went up to Flint, Michigan, one of the things that the
newspaper report said, which I think is something concerning all of us, is...
and I am going to read it directly from the paper. It says:
"The simulated stress scenes occur in an enclosed room. It
presents no options for the student. The trainee always shoots.
The comment on the evaluation teem is not a shoot/don't shoot
situation, but rather a when do you shoot situation that rein-
forces a readiness to shoot, which is already a considerable
problem in Dade County."
In other words, the argument, as I understand it, is that what that machine
really does is it reinforces and induces the person to shoot. Then it says
the simulator is not teaching appropriate responses, because no matter what
the student does, the scene of the screen doesn't change. In other words,
if an officer shoots someone, the person in the film doesn't fall. The
scene begins and ends regardless of the student's actions. No training
occurs as to whether this was an appropriate or inappropriate response.
Basically, I guess the bottom line is that there are some serious questions
as to the effectiveness of this system.
Mr. Dawkins: Mr. Mayor, as you said, I did visit. I did see the simulator
in action. I don't know, as we say up here daily, it is easy for anybody to
be negative and find all kind of negatives, but it is very difficult for an
individual to step forward with something positive to replace all this
negativism. I have no problems with why there is so much negativism to this
simulator. I would prefer to keep it personal, but if I'm pressed, I have
no qualms with stating why I feel that the establishment is against the
simulator. The whole damn...everybody... but somewhere. somehow we have to
find the mechanisms for reducing whatever the cause is that continues to have
Black people shot in Miami. It is amazing that out of all of these people
who step forward and find all the negativisms about this simulator, they never
point out that the Black policemen take the same training as the White
policemen, but it is not the White/Black policemen who end up killing people
accidentally. Now if this simulator can provide that training, then it will
be money well spent. If anybody else has a better system by which to do this,
then step forward, produce it and tell us to purchase it. If not, help us
acquire this system and wish us well.
APR 2 8 1983
Mr. Perez: Mr. Mayor, yesterday I had the opportunity to have in my office
the people from September and Associates. I asked them several questions
about the objectives for the project. I think that we have a positive project
in front of us in principle. I don't think that today is the time to decide,
as you said before; but I share several of the objectives of this project.
I tried to call the attention of these people whom we met yesterday, of the
importance of the minority orientation in this area, about the importance of
the contacts that we have to establish with the different groups of the
community and especially about 60*/; of the Spanish minority and the 25% of
the Black group. I think that we have to present a different image. We have
to work on that direction. In principle, I support the project. I would
like to have more information (that I requested yesterday) from the people
of September and Associates. But I think that if we contribute to establishing
a better image about the social problems in the City of Miami....
Mayor Ferre: All right, I would like to now get the people from September and
Associates to step forward. The first question I have is, I think one of the
things that seem to be an approach to stop this project is to say that it is
going to cost $2 million. Is is going to cost us $600 or is it going to cost
us $1,800,000.
Mr. Raymond Frank: My name is Raymond Frank. I'm from September and Associates.
I'm from Seattle, Washington. I'm the Director of Training. Presently, we are
in contract negotiations with the City of Miami and not Dade County.
Mayor Ferre: I realize that, but the question is....
Mr. Frank: That figure is $600,000.
Mayor Ferre: In other words, that is a finished system installed, ready to
operate.
Mr. Frank: Yes, sir.
Mayor Ferre: That is the total cost.
Mr. Frank: Yes, sir.
Mayor Ferre: So when these people are talking about a $1,800,000, they are
totally off base.
Mr. Frank: Yes, sir. Another thing I would like to say, sir, is that this
particular system that we have developed, we have developed it because of a
couple of things. That was a thing called vicarious liability.
Mayor Ferre: Vicarious liability.
Mr. Frank: That means community people getting killed inappropriately. Also
in the same light, we created a training mechanism for police officers. We
are the only company that is running around this country that is concerned
about police officers surviving in this violent world. So we have a two-
prongued approach. One in regard to the police officers helping them in a
better training tool. We have never told anyone that our system alone, by
itself is the answer. We have told them that in conjunction with existing
programs that are available in other departments, that it is a working
viable technique. Another particular area with certain regards to credibility,
that September and Associates is dealing with the State of Alaska, no one
talked about that; the State of Iowa....
Mayor Ferre: You are doing what in Alaska?
Mr. Frank: We are having contract negotiations with the State of Alaska
for the entire state, and for the entire State of Iowa.
Mayor Ferre: Iowa?
Mr. Frank: Yes, sir. Michigan State has accredited our program and our systPm
and has acreditated the trainers in our particular program.
sl 79
APR 28 1983
j
sl
Mayor Ferre: We do have, besides Flint, Michigan, you also have one in
California. Don't you?
Mr. Frank: No, sir, in Seattle, Washington.
Mayor Ferre: Oh, I'm sorry, in Seattle.
Mr. Frank: Yes.
.ayor Ferre: But that does exist?
Mr. Frank: Yes.
Mayor Ferre: But the one we are proposing for Miami, as I understand it, is
an improvement on both of those because it is the next generation.
Mr. Frank: It is the state of the arts for the entire system.
Mayor Ferre: Let me ask you this. This question of the decision that in a
simulation, you have to shoot....
Mr. Frank: That is not true, sir.
Mayor Ferre: Why are they making all these erroneous statements?
Mr. Frank: You would have to ask them, sir. I did not do that report or
evaluation, but....
Mayor Ferre: Have you read the report?
Mr. Frank: Yes, I have. It was given to me this morning.
Mayor Ferre: I don't know whether you may not want to comment on it, but
what is your first reaction to this report? It is inaccurate?
Mr. Frank: It is a very inaccurate report. : is a very slanted report. It
is not an evaluation as they intended to do. Needless to say on the acknowledgement
of that report, September was never mentioned. September came to Miami, spent
many hours, many days, much money with that Commission, Ms. Newman, Mr. Silver....
Mayor Ferre: With this Commission.
Mr. Frank: That is right, with the people that wrote that document to help
them write that document with information. And that information is slanted,
sir. Ask Ms. Newman where the rest of positive information is.
Mayor Ferre: Did they go up to Flint, Michigan to look at the....
Mr. Frank: Yes, Una Newman did. She went up there.
Mayor Ferre: Ms. Newman did?
Mr. Frank: Yes, she did. Not only that, sir, but in the City Flint, we
received a proclamation from the City of Flint. There are no inappropriate
deaths that have occured in that town since our simulator went in place.
That was the concern of that town. No one has died at the hands of the
police department in Flint, Michigan. We received a proclamation from
Flint, Michigan from the Mayor:
"Whereas the firm of September and Associates of Tukwila, Washington,
has brought to the City of Flint a new approach to police training
and a remarkable experience for the residents of this community,
and whereas the synthesized metered environment simulator designed
developed and produced by September and Associates specifically for
the Flint community in the most comprehensive and technically advanced
police training system ever achieved in the United States; and
whereas September and Associates team has related to the Flint
community and its residents on a positive and productive manner
so that the experience of the past eight months during the
development and installation of the S.M.E. has provided the
people of Flint and the Flint Police Department an opportunity
APR 28 1983
j Ad
Mr. Frank (CON'T): "to communicate and work together on a project
that has great meaning to both groups; now therefore, I, James
W. Rutherford, Mayor of the City of Flint, Michigan, do hereby
proclaim July 22, 1982 to be September and Associates Day in
the City of Flint. The Mayor's Committee on Police Community
Training commend September and Associates, Inc. on the
quality of their professional and technical skills and
their efforts to promote an atmosphere for learning in this
very critical area. I will call upon all citizens of Flint
to salute the members of September and Associates and treat
them as honorary citizens of that city. In witness thereof
I have here on to set my hand and caused the official seal
of the City of Flint, to be affixed this date July 22, 1982.
Honorable James W. Rutherford, Mayor of Flint."
Mayor Ferret Is there anything else that you or one of your associates want
to add into the record on this.
Mr. Frank: I would like to introduce Mr. Lafayette Patterson, the Chairman
of the Board.
Mayor Ferret All right, Mr. Patterson.
Mr. Lafayette Patterson: My name is Lafayette Patterson. I'm Chairman of
the Board of September and Associates. I've been in the business of solely
training police officers for the last seven years. September and Associates
has been evaluated by everybody in the sun, including recommendations from
the Justice Department, the F.B.I., Secret Service, C.I.A., and several
ranger batallions. Most of that information was provided to that particular
task group that wrote that evaluation. In all cases, the cities that wrote
positive recommendations were not mentioned in that report. We have with us
today Dr. Ruth King. One of the things that you just asked about was a whole
psychological model. Dr. King is an eminent psychologist from Washington, D.C.,
who has worked with us for five years in developing this model. I would just
like her to address a couple of your issues.
:Mayor Ferre: Dr. King. As Dr. King is coming forward, I want to put into the
record the reason why we even looked as September and Associates was because
the Justice Department of the United States of America, on an off-the-record
comment, asked us to do it. I will put it on the record since obviously this
has become a controversial item. Mr. Gil Pompa, Director of the Civil Rights
Section of Community (What's the title? Does anybody remember?) Relations
Division of the United States Department of Justice specifically told me, and
I think you were in the room when he said it and Howard Gary was in the room,
that the best thing that the City of Miami could do was to, and this was right
during the disturbance. I mean it was the second day of that disturbance. The
Justice Department man said,"You must..." No, you were not in the room, because
that would have been a violation of the Sunshine Law and we did not violate
the Sunshine Law. I distinctly remember you were not in the room, because it
was up here, but Howard was in the room then you came in after. But that man
told me that Mr. Gil Pompa, whom I have known for a long time, and he is a
political appointee. He is the only political appointee that has survived
Nixon, Jimmy Carter, and Ronald Reagan and he is still there. He said, "The
best thing you could do for this community is to get September and associates
down here immediately." I want to put that into the record. Dr. King.
Dr. Ruth King: First I want to say... I'm Dr. Ruth King from Silver Springs
Maryland. In relation to the report I just initially want to say that it
is an evaluation. But when you really look at the report from a research
viewpoint, it is a comparative analysis and not a real evaluation, as the
group was asked to do. I wanted to know, was there something specific
around the psychological testing that you have concern about?
APR 28 1983
sl
6
J
Mayor Ferre: I just made a statement into the record. I think it was just
stated that perhaps you might, since that is your profession, that you might
want to elaborate or make a statement.
Dr. King: Again, specifically it was criticism about the high stress that the
simulator produces.
:Mayor Ferre: The dark room and all that kind of stuff.
Jr. King: Yes. If the outcome is to help the officer make a better decision
under stress, then it is logical that you would create a stressful situation
for him or her to train and practice in, because in the street you are going to
find a stressful situation. Two of you have talked about the constant stress
that a police officer is under. I think the report indicated that it would be
better for a person to be trained under stress reducing kinds of atmosphere
in which to make those decisions.
Mayor Ferre: Now, Dr. King, how about the point that is being made in the
criticism, that there is no choice? In other words, every simulated situation
you have to shoot.
Mr. Frank: RaymoncP Frank, Director of Training, sir, in regards to that, there
are many, many options in our particular system. In dealing with Flint, it's
a very simple analogy. They particularly wanted a lolls Royce and at that
particular time they had Volkswagon money. Maybe everyone can sort of understand
what that is. Now, as far as the system goes....
:Mayor Ferre: In our system, will there be multiple choices where there may be
a situation where the officer is not to shoot?
Mr. Frank: Yes, we have many situations like that. If you notice in that report,
they said something. If you had our brochure next to it, you would see one
particular thing. That is decision making process under stress. We say we
don't look at the shooting, we back up how did that officer get in that particular
situation. That's in our brochure.
Mayor Ferre: All right.
Mr. Frank: We are the ones that coined that.
Mayor Ferre: Mr. T. Willard Fair was in the back of the room. I need him here
for a second. Could you tell him to step forward?
Mr. Frank: I would like to indicate another thing, sir. That I was a Detroit
police officer for 15 years. In the last five years I was with the homicide
section. I handled and investigated police shootings. I know from where we
are talking about, sir. We are concerned about everyone in this community.
In regard to Commissioner Perez' statement, that is another area that we address
with the City. It's being related that all of those tracks, 16 particular audio
tracks that they have different incidents, Spanish, whatever it is. So that
officer has an opportunity to intereact with that machine.
Mayor Ferre: Thank you. Is there anything else, Mr. Frank, you want to add
into the record?
Mr. Frank: One more thing, sir.
Mayor Ferre: Mr. Fair, don't leave, because I need to ask something of you.
Mr. Frank: I would like to have one other statement. That is the fact that
the system that Miami will receive will basically respond to a change in blood
pressure. This is a new advance that we have come up with since the Flint
system. It will branch, and based on what your training department determines,
this will be the probable outcome. It will do that particular thing. The
people that represent that hardware are here, if you want to hear from them.
But that system is operational right now.
row
APR 2 81983
sl
i A4
Mayor Ferre: Now let me ask you this. You know that we have training and
simulation situations that we do out there in Virginia Key. Have you and
your associates actually looked at what we have?
Mr. Frank: We haven't looked at what you have specifically, but we have looked
at the F.B.I. system in terms of the survival city concept, and "Hogan's Alley"
concept. We have trained people in that particular thing when you are role playing.
That is a whole different thing when I know that friend of mine over there is a
bad guy for now and we are going to play this game as opposed to what we do.
We see 35% increase in heart rate, 40% increase in respiration in the simulator
We all kinds of behavioral changes that you will see on the street. So when
the F.B.I. asked us to look at that model they had and since they are negotiating
with us too, that means to us that the system we have fills that void between
the performance in the field pulling the trigger and shooting. Your problem
is not accuracy. Your problem is decision making.
Mayor Ferre: All right, thank you, sir. Now we want to hear from Jimmy Burke
and the union. I think this is something that not only deals with the brass
and the Chief. I want to know what the rank and file... and I understand that
Wally is not in town today and you are representing the union.
Mr. Jimmy Burke: Yes, sir, I am.
Mayor Ferre: So, I don't know if you are prepared to, and if not today, then
perhaps at the next meeting. We need to have a reaction from you.
Mr. Burke: We've not had the opportunity to discuss or evaluate the equipment.
At this -time, I don't have any statements to make for it or against it.
Mayor Ferre: Now, Mr. Burke, we want you, at the next ... you, the union...
to be prepared to make a statement into the record.
Mr. Burke: Yes, sir.
Mr. Dawkins: Mr. Mayor, may I also suggest that if Mr. Burke and those are
going to hake a statement, that the Latin Police Association be told to send
a representative to study and that the Black Police Association be told to
send a representative so that we will have a concensus of the three unions
that represent the police, not just one set.
Mayor Ferre: I accept that. I have no problems with that. But I just want
to say into the record there are no three unions in this City. There is one
union. Now there are several organizations....
Mr. Dawkins: O.K., from the three organizations.
Mayor Ferre: ....that are not accredited unions to this Citv. but I have nn
problems with the three associations having the opportunity to present their
positions, if they so wish. Lastly, Mr. Fair, this is something that your
association, your Urban League of Miami, spent a great deal of time and effort
studying. You had a full day annual meeting on the issue of the use of deadly
force. I think we need your recommendation also at the next meeting. I think
this is something that I would like for you (by you I mean the Urban League)
to react to this report. If you agree with it, I want to know. If you disagree,
I want to know and I want to know why. I would hope that you have the opportunity
to talk to Mrs. Newman and to Dr. Silver and the people that have prepared this
report and to Septmeber and Associates and go through the process so that we
have your input in it too. Is there anybody else you want...? Are there other
statements or questions into the record at this time? If not, thank you very
much and we move on to ... Mr. Manager, we don't need a vote on that, do we? Do
we need to continue that?
Mr. Jim Reid: Yes, continue it.
Mayor Ferre: Do you need a vote on that?
Mr. Reid: No.
Mayor Ferre: All right, Miller Dawkins moves. Joe Carollo seconds that item
29 be continued. Further discussion? Call the roll.
83
sl APR 28 1983
F9
u
4
THEREUPON MOTION DULY MADE BY Commissioner Miller Dawkins AND
SECONDED BY Commissioner Joe Carollo, item 29 was continued
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
*savor Maurice A. Ferre
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
51. DISCUSSION AND PERSONAL APPEARANCE OF MORRIE PELSMAN REPRESENTING
THE 20TH STREET HERCHAITS ASSOCIATION: THIS ?LATTER WILL BE
DISCUSSED ON ?IAY 12TH.
Mayor Ferre: We're now on item 30, which is the 20th Street Merchants Association
(District of the Americas) to request funding for the Association, Mr. :tanager.
Mr. Reid: We were asked for a recommendation in terms of funding this organi-
zation and we do recommend they be funded with 9th Year Community Development
Funds in the amount of $37,500.
Mayor Ferre: The problem, Mr. Reid, is that Mrs. Gallogly made a statement to
them that we, the City, could not deal with this issue until July. These people
will probably be mostly bankrupt by July. Life does not function that way. We
have a critical situation. We need to address it.
Mr. Reid: Mr. Mayor, we were asked to report back as to how and when funds
could be available and that is the report.
Mayor Ferre: All right, Mr. Pelsman, your name and address for the record.
Mr. Morrie Pelsman: Morrie Pelsman, 2193 N.W. 20 Street, Miami, Florida, 33142.
Mayor Ferre: Make your statement.
Mr. Pelsman: Mr. Mayor, gentlemen Commissioners, on April 6 I came before you
with an emergency, with a petition to fund our association so that we could
continue creating advertising and creating interest in changing the area that
was geared to sales to foreign market; change it so that we could open up to
the public in our areas. There are 48,000 residents in Allapattah. Most of
them don't know that our area exists. There are approximately 30,000 some
working people in hospitals and City jobs right close to our area that don't
know that our area exists. We wanted to make that... invest some money in there,
put up banners, put up signs: OPEN TO THE PUBLIC, etc. On April 6th we met
with Mr. Gary's Assistant, Ms. Gallogly. She was supposed to set up an appointment
due to the emergency of this the next day or the day after. I understand that she
is a very busy person, but I was not given an appointment until yesterday morning.
When I finally went to see her, I found out that we were getting a project that
was set for Allapattah on its third year. The project grant originally was
$50,000, which was what we had asked for. We were getting a third year of it,
which came to $37,500. I personally feel that we are not treated equally,
because this is a new project. We have been doing what the project called for
for three years without asking for anything, supporting it ourselves.
Mayor Ferre: Let's come to a conclusion on this. Now what specifically can
we do?
Mr. Pelsman: The main problem is that we need money now.
rim
APR 28 1983
sl
0
Mayor Ferre: We can't solve that problem for you this moment. The best we
can do, Mr. :Manager, is to ask you to look into this and come back by the
May 12th meeting with some kind of, hopefully, a resolution for the problem.
Mr. Reid: We'll be glad to do that, Mr. Mayor, in terms of an immediate
resolution.
Mr. Pelsman: Mr. Mayor, one more solution because we are business people.
If we can get a paper of a commitment from the City, we can borrow money
from the bank and start on our things that we need right now.
Mayor Ferre: I would have to leave that to the City Attorney and the City
Manager. I certainly have no objections. Since the Manager did recommend
this matter, to authorize the Manager... I frankly don't think you need any
authorization to give them a letter that we are going to do it, how and when,
since you already said we were going to do it. Now if they go bank on that,
that is something that the City Attorney better look at carefully.
Mr. Pelsman: We need it badly now. The waiting is killing us. We're getting
two, three stores to close every day.
Mayor Ferre: I think you need to tell Charlotte Callogly this is not one of
these routine, theoretical things. These people are out there in the wind,
blowing in the wind.
Mr. Reid: We will come back with a report, Mr. Mayor. There really are two
things here. One is sustaining this organization over time in terms of being
a community based organization to serve all of Allapattah. We want to do that.
The second thing is the immediate request for the $10,000. We will have a
recommendation for you at the next meeting on that.
Mayor Ferre: You see, I think the point is this, you need a resolution providing
that the Administration agrees to do that before May 12th. In other words, you
may come to a conclusion on this in the next three, four, or five days. So,
maybe what we ought to do is give you authority to proceed. Do you need that
legally, or can you do that without?
Mr. Garcia -Pedrosa: He does not need that, Mr. Mayor. The only problem with
May 12th is I believe the agenda is supposed to close today.
Mr. Reid: We can deal with that issue.
Mr. Garcia -Pedrosa: But that can come out of somebody's pocket here.
Mayor Ferre: Mr. Manager, for the record, and stop me if I am speaking out
of turn on the Commission, the concensus of this Commission is that you proceed
with this as quickly as possible and that you not wait until May 12th unless
you absolutely have to. If you can figure out a way to solve these people's
problems, you do so forthwith.
Mr. Reid: O.K., Mr. Mayor.
Mr. Pelsman: Mr. Mayor, my petition on making this the first year of the
project instead of the third of the project is very important.
Mayor Ferre: All right, sir, you are in the hands of the Administration until
May 12th.
Mr. Pelsman: Thank you very much.
Api
sl APR 28 1983
W
52. BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF APPEAL. BY SUNSET
VILLAS CONDON111ILL1 ASSOCIATION OF VARIANCES GRANTED TO JACAROL
BAY CLUB. (See later, same meeting)
Manor Ferret We have a problem now, Carolyn, I don't know whether this changes--
Killer Dawkins evidently is not going to be able to vote on your thing because
he has a conflict of interest. That is something that he has to speak to. Mr.
Manager.
Mr. Dawkins: We can answer that now, Mr. City Attorney. Is that all right
with you, Mr. Mayor?
Mayor Ferret Yes, sir, go ahead.
Mr. Dawkins: Mr. City Attorney, I'm going to be associated with Jobwell Construction.
And you heard Jobwell Construction say this morning that they are going to do some
of the work with Jacarol. This happens, since the beginning of all of this. So,
is there a conflict of interest, although I am not employed by them, although I
do plan to, so in order to remove any impropriety, shouldn't I abstain?
Mr. Garcia -Pedrosa: Yes, Commissioner, I think that while looking at it
extremely technically at this very second, you will not perhaps personally
benefit, it could certainly be thought of in that fashion by virtue of the
fact that you candidly have chosen to reveal that you have future plans. So,
my recommendation would be that you do abstain on this.
Mayor Ferre: Now, that therefore leaves us with a three member Commission,
and unless you get a unanimous vote of three, which I doubt very much if you
are going to get. You follow me, Carolyn? You need tbree votes. If there
are four of us here and one can't vote on it, unless you get the remaining
three, you don't have three votes. Can't be a two to one vote.
Mr. Dawkins: Mr. City Attorney, in the event ... the plaintiff filed. Am I right?
Mr. Garcia -Pedrosa: The appellant is the association, not Mrs. Weiss' group.
Mr. Dawkins: So, if this is heard and there is no vote, then what happens?
Mr. Garcia -Pedrosa: I'm not sure what you mean by no vote.
Mr. Dawkins: I mean no action is taken by the City Commission.
Mayor Ferret Then the Zoning Board's decision stands.
Mr. Garcia -Pedrosa: Right. The appellant needs three votes in order to overturn
the Zoning Board's decision. Mr. Matthews' clients need three votes.
Mayor Ferret So, technically there is no legal reasons why with a three member
Commission you cannot hear it, except I think it is obvious, I mean I think we
can do that one in two minutes because I think the vote is very obvious! I
mean the appellant is not going to have three votes. There is no way you can
have three votes.
Mr. Garcia -Pedrosa: No, if you have four members here, the appellant could
have three votes.
Mayor Ferret No, sir, he abstains; you have three members. For the appellant
to be successful, he has to have....
Mr. Garcia -Pedrosa: All three of you.
Mayor Ferret ....three votes. I am not precluding what Commissioner Perez
and I are going to do on voting, but I have a feeling that he is not going to
have three votes. He has to have all three of the three people that are going
to vote. So, the point is, is there any legal reason why we can't proceed?
86 1983
sl APR 28
Mr. Garcia -Pedrosa: There is no legal reason why you cannot proceed, Mr. Mayor.
*savor Ferre: I have no problem if you don't have any problem. I don't know
where Commissioner Carollo is, but he better be here. This is his baby. I
tell you right now my position and I'm going to rule unless I'm ruled otherwise,
that there is no reason why we shouldn't proceed on hearing item one.
Mr. Joe Matthews: Mr. Mayor, Joe Matthews, I'm representing the appellant. _
Our position was already, I believe, outvoted as far as a full Commission,
so I don't think that we can reiterate it again now. So, I think what you
are saying is correct. I would only ask for rebuttal. I realize from what
you are saying that the decision may already be made, but I think there have
been some misconceptions that I would like a few minutes to clear up. Other-
wise, obviously we have already made our request. That request stands. But
it has already been denied. So you are correct, sir.
Mayor Ferre: You actually need three votes....
Mr. Matthews: I need all three of you, yes, sir. I understand that.
Mayor Ferre: ....to overrule the Zoning....
Mr. Reid: Sustain the appeal.
Mr. Garcia -Pedrosa: To reverse the Zoning Board.
Mr. :Matthews: I understand, sir.
Mayor Ferre: I can tell you I am a pretty good guesser as to how people...what's
going to happen around here. I can tell you I don't think you're going to win.
Mr. Matthews: I understand, sir.
Mayor Ferre: I think the question is that I find no reason why we shouldn't
proceed and bring it to a conclusion. Out of courtesy to Carollo, who is here
someplace, we need to let him know. All right, in the meantime, sit down, Mr.
Matthews.
53. AUTHORIZE EXPENDITURE OF UP TO $100,000 PROPOSE CONSTRUCTION OF
SENIOR CITIZENS CENTER ON CITY OWNED LAND, GIVING CITY MANAGER
DISCRETION, ETC.
Mayor Ferre: Mr. Manager, what is the recommendation of the Administration
on item 52?
Mr. Reid: Mr. Mayor, we have been working with Mr. Batz to find a site. We
believe we have a site that is acceptable to them. They would like to make
some additional statements on the record with respect to the cost that they
expect to incur to develop the senior citizens' facility.
Mr. Leonard Batz: I am Leonard D.A. Batz, 12879 S.W. 17 Street, Miami, 33175.
I am also President of the Board of Directors of Senior Centers of Dade County,
Inc. As we were directed at the last meeting, to meet with the City Manager,
and I am more than pleased with the reception that we received from Jim Reid
and the Planning Department themselves. After investigating the Lemon City
Plaza, which was suggested that we see if it was available or usable, with
the help of our architects, we found that the facility was originally designed
for the use of 40 people. We will be using or require a facility for 200 to
250 people per day. So therefore, this means that there are many things that
have to be done. I've given you a list of a quick analysis and the amount of
monies that would be required. One other problem does exist. I was not only
surprised but in a sense pleased. When on the day that we open, which will be
sl APR 2 8 1983
3s'9.{'.rEL.TwRv2
40 410
Mr. Batz: hopefully in September, there will be an additional 100 meals per day, five
days a week, that will be required. I know that these people are eligible.
I know that this will improve the situation that the City of Miami has tried
to improve over the many years it has been in operation. So therefore, our
budget does not provide the money for 8,000 meals a day or something like
$12,000 for the remaining —from, September through December. So therefore,
we feel that with additional monies and the monies that we have and the cost
that have incurred because of the work that we did in Morningside Park, we
could make the facility usable and certainly be of tremendous advantage in that
particular area.
Mayor Ferre: All right, Mr. Manager, do you want to react to that?
Mr. Reid: Two comments, Mr. Mayor. In terms of the ... we were asked to solve
the site problem. We have done that. With respect to additional funds that
they are talking about, I think that we should not react until we get a firm
estimate from the post contractor. I have a budget in front of me that seems
to be excessive in terms of the projected costs, particularly S80 per square
foot for the new addition. I think if there are additional funds to be
involved in here in the improvements, that we ought to react to the bids that
have been received for the work.
Unidentified Speaker: May I clarify something, Mayor and Commissioners. I
would like to emphasize that contrary to the regular way in which applicants,
individuals, and agencies come before the City of Miami to request funds
before trying to tap different sources, I would like to clarify that during
the past 25 years, our agency has been bringing money into this community
to provide services to the residents of the City of Miami. Over 90% of our
participants are City of Miami residents. During the last five or six years
we have been bringing approximately $3,000,000 per year from the Federal and
the State Government to provide services in the area. We have never come
before the City of Miami to request for funds. So, basically, if we are here
today, it is because we have explored all of the different channels of the
different funding sources. We are basically asking for a supplement so that
we may complete the construction of this facility and so that we may provide
additional social services to the residents of the City of Miami, specifically
those living in the northeast area. We realize that at this time, the budget
is not complete, but it definitely indicates the different costs that will be
incurred in completing or in enlarging the facility, at the same time that
we will be assuming further responsibility for the residents of that specific
area.
Mayor Ferre: What specifically do you want from us?
Unidentified Speaker: Basically what we are asking the City of Miami is to
grant $100,000 so that we may....
Mayor Ferre: I have no problems with that and I will vote with the motion,
but I want you to understand that you have there, for example, as Mr. Reid
has pointed out, a construction cost of $80 a square foot. If the City of
Miami can achieve the same thing for $35 a square foot, I don't see any need for us
to spend $80 a square foot, so the motion that I would be willing to vote for,
is one which would give the City administration total discretion on the expenditures
of those funds based on the most prudent and wise way of building it. See,
that is $105,000 at $80 a square foot. We go to half of that, today you can
build buildings for $40 a square foot, remodel buildings.
Unidentified Speaker: I really don't know much about construction costs,
but....
Mayor Ferre: We do.
Unidentified Speaker: I realize that. The major aspect that we are requesting
in conjuction with this is so that we may be able to provide services to the
new population that will be appearing at these specific sites. Therefore, we
will be requesting equal services.
sl
APR 2 8 1983
Mayor Ferre: We need a resolution, then, Demetrio.
Mr. Reid: Mr. Mayor, could we, rather than making available $100,000, agree
to respond to the bid request.
Mayor Ferre: No, sir, the way we would do this is we will make a motion up
to $100,000, but put it in your hands and your sole discretion in response,
and you come back when you are ready to with an exact amount. I'm pretty
sure it will be half of that by the time you get through with it.
Mr. Perez: I move that in a formal motion.
Mayor Ferre: Commissioner Perez moves.
Mr. Dawkins: Second.
Mayor Ferre: Seconded by Commissioner Dawkins. Further discussion on item
52? Now, Mr. :Manager, are we clear?
Mr. Reid: Yes, we are clear.
Mayor Ferre: This gives the Administration the discretion. In other words,
you have to go through them. If they can get it done for $40 a square foot,
so be it. Further discussion? Call the roll.
The following motion was introduced by Commissioner Perez, who moved
its adoption.
MOTION 83-357
A MOTION AUTHORIZING AN EXPENDITURE OF UP TO $100,000
IN CONNECTION WITH PROPOSED CONSTRUCTION OF A SENIOR
CITIZENS' CENTER ON CITY OWNED LAND GIVING THE CITY
MANAGER SOLE AND TOTAL DISCRETION AS TO THE DISBURSEMENTS
IN CONNECTION WITH SAID PROJECT; FURTHER STIPULATING THAT
AFTER THE SQUARE FOOT COST AND THE TOTAL EXACT COSTS ARE
DETERMINED, THE MANAGER SHALL REPORT BACK TO THE CITY
COMMISSION.
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
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice Mayor J.L. Plummer, Jr.
'.Mr. Batz: Thank you very much and I shall start whittling.
Thank you, Mr. Reid.
------------------------------------------------------------------------
NOTE FOR THE RECORD: Agenda item 32 was continued to May 26th, 10:00 A.M.
------------------------------------------------------------------------
89
sl APR 2 8 1983
40
qw
n 54. ACCEPT PLAT ENTITLED: "BAYFRONT PARK REV".
Mayor Ferre: Item 44 accepts the plat of Bayfront Park. Commissioner Dawkins
moves.
Mr. Perez: Second.
Mayor Ferre: Perez seconds. The Plat Committee recommended approval. Any
problems?
Mr. Reid: No problems.
Mayor Ferre: All right, we are going to vote on 44.
Mr. Perez-Lugones: No problems, sir.
Mayor Ferre: Call the roll on 44.
The following resolution was introduced by Commissioner Dawkins,
who moved its adoption:
RESOLUTION NO. 83-358
A RESOLUTION RESCINDING RESOLUTION NO. 82-550; ACCEPTING
THE REVISED PLAT ENTITLED BAYFRONT PARK, A SUBDIVISION
IN THE CITY OF MIAMI; ACCEPTING THE DEDICATIONS SHOWN ON
SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE THE PLAT; A.ti'D PROVIDING FOR TAF
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DA
COUNTY, FLORIDA.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution
passed and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice Mayor J.L. Plummer, Jr.
sl 90
4
55. ESTABLISH THE DATE OF JULY 14, 1983 AS PUBLIC HEARING DATE,
D.R.I. PROJECT, S.E. 8TH STREET AND BRICKELL AVENUE.
Mayor Ferre: We are on 47, establishing July 14th as the public hearing to
consider S.W. 8th Street and Brickell Avenue Development of a regional impact
proposed to be located at 801-999 Brickell Avenue. Calling for a public
hearing, O.K.
Mr. Dawkins: Move it.
Mayor Ferre: Commissioner Dawkins moves. Commissioner Perez seconds. Further
discussion on 47? Call the roll.
The following resolution was introduced by Commissioner Dawkins,
who moved its adoption:
RESOLUTION NO. 83-359
A RESOLUTION ESTABLISHING JULY 14, 1983 AS -THE DATE FOR
A PUBLIC HEARING CONCERNING ISSUANCE OF A DEVELOPMENT
ORDER FOR THE S.E. 8TH STREET AND BRICKELL AVENUE PROJECT,
A DEVELOPMENT OF REGIONAL I121PACT TO BE LOCATED AT 801-999
BRICKELL AVENUE, AND DIRECTING THE CITY CLERK TO NOTIFY
APPROPRIATE AGENCIES.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner. Joe Carollo
Vice Mayor J.L. Plummer, Jr.
56. AWARD CONTRACT KINLOCH SEWER I24PROVL'4ENT SR-5485C&S.
Mayor Ferre: We are on item 50, awarding a contract for Kinloch Sanitary
Sewer improvement. Is there anybody here to speak to that issue? Is there
a motion?
Mr. Perez: Move.
Mayor Ferre: Moved by Perez.
Mr. Dawkins: Second.
Mayor Ferre: Seconded by Dawkins. Further discussion? Call the roll on 50.
sl 91 OR 28 1983
I
V
The following resolution was introduced by Commissioner Perez,
who moved its adoption:
RESOLUTION NO. 83-360
A RESOLUTION ACCEPTING THE BID OF RIC-MAN CONSTRUCTION
CORPORATION IN THE PROPOSED AMOUNT OF $988,143.05,
ALTERNATE BID OF THE PROPOSAL, FOR KINLOCH SANITARY
SEWER L'fPROVEMENT IN THE KINLOCH SANITARY SEWER IMPROVEMENT
DISTRICT SR-5485-CSS (CENTERLINE AND SIDELINE SEWERS);
WITH MONIES THEREFOR ALLOCATED FROM THE KINLOCH SANITARY
SEWER IMPROVEMENT ACCOUNT IN THE AMOUNT OF $988,143.05
TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND
THE A.*SOL'NT OF $128,458.00 TO COVER THE COST OF PROJECT
EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF S19,762.95
TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING
LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice Mayor J.L. Plummer, Jr.
------------------------------------------------------------------------
NOTE FOR THE RECORD: Agenda item 51 was continued.
------------------------------------------------------------------------
57. APPROVE EXPENDITURE OF UP TO $25,000 IN CONNECTION WITH TUNNEL
ALTERNATIVES STUDY FOR INGRESS AND EGRESS TO DODGE ISLAND.
Mayor Ferre: 53 is Port of Miami. On item 53 we will be asking the Commission
for $25,000 to do a special study. All right, Roy, we are on your item, 53,
on a tunnel alternative. Mr. Reid, what is the recommendation of the Adminis-
tration on this matter?
Mr. Reid: The recommendation is we support this fund for this study.
Mayor Ferre: Why don't you describe what it is, so that the Commission....
Mr. Roy Kenzie: Mr. Mayor, at this point....
Mayor Ferre: Let Mr. Reid, he's the Manager here. Let Mr. Reid describe it.
Then you can add.
sl APR 28 1983
Mr. Reid: The Commission, in a recent meeting, passed a series of resolutions
with respect to the new bridges being proposed to connect Dodge Island to
downtown Miami. We think that the tunnel alternatives need further study.
That study could be best independently conducted through the use of the City
monitoring the study and City funds to providing for it. So that is our basic
recommendation; that the tunnel alternatives for both the short and long range
solutions to Dodge Island be studied and that the City provide $25,000 for that
item.
Mayor Ferre: This is the Administration's position on this?
Mr. Reid: This is our recommendation, yes, sir.
Mayor Ferre: Is there a :notion on this?
Mr. Perez: I move.
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Perez, who moved
its adoption.
MOTION 83-361
A MOTION APPROVING THE EXPENDITURE OF $25,000 IN
CONNECTION WITH THE TUNNEL ALTERNATIVES PRESENTLY
UNDER STUDY TO PROVIDE BOTH SHORT AND LONG RANGE
SOLUTIONS FOR INGRESS AND EGRESS TO DODGE ISLAND.
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
Mayor Maurice Ferre
NOES: None.
ABSENT: Vice Mayor J.L. Plummer
Mayor Ferre: Now look, Jim and Roy, Mr. Lunetta says that they have already
retained a major tunnel firm in New York. Now if we can save money by using
that same firm. I don't know where....
Mr. Roy Kenzie: Yes, we're meeting with them today and tomorrow.
Mayor Ferre: I understand they are the largest tunnel firm in the country.
Mr. Kenzie: No, we are right now looking at that for there are five firms
that do tunnel work in the country. We are looking at that.
Mayor Ferre: Mr. Reid, to you, the Administration, you select a firm. I
have no problems with that. If You can save money by usine the same firm that
the county is using, fine. If in your evaluation you feel that we need to
get an independent opinion, then that is your decision to make.
Mr. Reid: Fine, Mr. Mayor.
93
sl APR 2 8 1983
r
sl
58. AUTHORIZE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES CONTRACT
BELAFONTE-TACOLCY AND YOUTH CO-OP, SUMMER YOUTH aiPLOYMENT
PROGRAM.
Mayor Ferre: Where are we on 54, Mr. Manager? This is the Belafonte-
Tacolcy. Didn't we do that this morning?
Mr. Reid: Mr. Howard is here on that item.
Mayor Ferre: Al, is that summer youth?
Mr. Al Howard: Yes, S.Y.E.P. Program, inadvertently we left the name of
Youth Co-op out the first time around. The ordinance has been passed. We
just have to insert the name of Youth Co-op and pass this resolution. They
are coordinating the program with Belafonte-Tacolcy. They are responsible
for signing 300 youths; Belafonte-Tacolcy 600. It has been approved. We
just need to put a name in there.
Mayor Ferre: Is there a motion?
Mr. Dawkins: A couple of questions first. What type of part time employment
will this be, doing what'
Mr. Howard: They will be working offices and computers in the Recreation
Department and private enterprise and public facilities. It is an on-
going program with the Summer Youth Employment Program. We have increased
it this year for 600 to 900 youth between the ages of 14 to 21.
Mr. Dawkins: Why didn't we use the O.I.C. instead of Tacolcy?
Mr. Howard: We have been working with Tacolcy now for and the Youth Co-op
for the past three years. Our success has been fairly good, so we want to
stay with them.
Mr. Dawkins: Thank you.
Mr. Howard: They are recommended by the consortium.
Mayor Ferre: All right, further questions or discussion? Is there a motion
on 54?
Mr. Perez: 'love.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Call the roll.
4 Er
APR 28 19B3
0
0
The following resolution was introduced by Commissioner Perez,
who moved its adoption:
RESOLUTION NO. 83-362
A RESOLUTION RESCINDING RESOLUTION NO. 83-194, ADOPTED
MARCH 18, 1983, IN ITS ENTIRETY AND AUTHORIZING THE CITY
MANAGER TO EXECUTE PROFESSIONAL SERVICES CONTRACTS, IN
SUBSTANTIALLY THE FORM ATTACHED, WITH BELAFONTE-TACOLCY
AND YOUTH CO-OP, INC. TO PROVIDE COMPENSATION FOR THE
ADMINISTRATION AND OPERATION OF THE CETA TITLE IV SUMMER
YOUTH EMPLOYMENT PROGRAM (SYEP) BY THE TWO ORGANIZATIONS
WITH FUNDS THEREFOR ALLOCATED IN THE AMOUNT OF $800,000
FROM CETA TITLE IV SYEP GRANT MONIES.
(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
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
59. GRANT REQUEST FOR VARIANCE TO PEK41T EXISTING FLORIDA ROOM,
441-441 1/2 S.W. 35 AVENUE, SUBJECT TO FILING OF COVENANT.
Mayor Ferre: I'm sorry, what was your item?
Unidentified Speaker: 36.
Mayor Ferre: 36, Joe, we were waiting on you for item 36. As you recall
you wanted to go look at the situation before a vote.
Mr. Carollo: That's right, Mr. Mayor
Mayor Ferre: So, did you look?
Mr. Carollo: What was requested at the time, Mr. Mayor, briefly, was that
we wanted the opinion from the Administration on the neighbors around the
property.
Mayor Ferre: All right, tell us your name and address and whom you represent.
Mr. Luis Jimenez: My name is Luis Jimenez. I'm with the Department of Fire,
Rescue, and Inspection Services. We polled the neighbors surrounding the
illegal addition. All of them are in favor of the addition. The only complaint
that they have is that they do not wish them to proceed in constructing anything
further.
Mr. Carollo: In other words, all three neighbors to both sides of the house
and the ones behind did not disagree.
Mr. Jimenez: That is correct.
sl 95 APR 2 8 1983
Mr. Carollo: They just don't want any additional construction.
Mr. Jimenez: That's correct.
Mr. Carollo: Can we ask them to volunteer a covenant that there will not be
any additional construction on that property?
Mayor Ferre: Mr. City attorney?
Mr. Garcia -Pedrosa: The question is can we guarantee that there won't be
additional construction?
Mr. Carollo: No, can we ask them to give a covenant that there will not be
any additional construction in that property as long as the existing structure
is there as it is?
Mr. Garcia -Pedrosa: Yes, you can.
Unidentified Speaker: They commit themselves to no more constructions.
Mayor Ferre: We need that in writing eventually.
Mr. Carollo: As long as we get that in writing from them, I will then make
the following motion. Let me say this. I hope you understand that you were
dead wrong. You were caught being dead wrong. The only reason you are getting
this is because of the mercy of this Commission, not because of anyone else
that has been calling some members of this Commission requesting them to vote
a certain way. So if I were to listen to what that individual is doing, I
would be voting against it. But I don't think that would be fair to you (for
anyone to make a decision based on that). Therefore, I am going to make a
motion that as long as we get in writing from you a covenant that as long
as that same structure stays in that property, no additional construction
will be added at all, I would vote in the positive and vote yes.
Mayor Ferre: There is a motion by Commissioner Carollo. Is there a second?
Second by Commissioner Perez, based on the covenant proffered by these people
to that effect. This is an appeal by the applicants to override the Zoning
Board's denial.
Mr. Jimenez: I would request that they also come in to get the proper permits
to make it legal.
Mr. Carollo: That would be part of the motion, that they get the proper permits
and that included....
Mayor Ferre: To be within the law.
Mr. Carollo: ....in writting would be all the material that we have requested
from the architects that did the study that the construction was up to our
standards. Otherwise, if something would happen in the future, the City is
going to be liable.
Mayor Ferre: O.K., with all those stipulations, are we ready to vote now?
Are there any objectors who want to talk on this? Call the roll.
►`-1
LJ
0
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 83-363
A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871,
ARTICLE VI, SECTION 3(3)(a) TO PERMIT AN EXISTING FLORIDA
ROOM ADDITION TO THE EXISTING DUPLEX ON THE NORTH 63.35
FEET OF LOT 6 AND THE NORTH 63.35 FEET OF THE WEST 40 FEET
OF LOT 5, BLOCK 4, MILDRED PARK (16-68); LOCATED AT 441-441
1/Z SOUTHWEST 35TH AVENTUE, AS PER PLANS ON FILE, WITH AN
EXISTING REAR YARD BETWEEN 10.20 FEET AND 10.29 FEET IN
DEPTH (20 FEET REQUIRED); ZONED R-2 (TWO-FAMILY DWELLING),
SUBJECT TO DELIVERY TO THE CITY OF MIAMI OF A RECORDABLE
COVENANT IN FORM APPROVED BY THE CITY ATTORNEY PROHIBITING
FURTHER CONSTRUCTION ON THE PREMISES AND SUBJECT TO OWNER
OBTAINING ALL REQUIRED PERMITS FROM THE CITY OF MIAMI
DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner *filler J. Dawkins
:Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
Mayor Ferre: I'm going to vote with the motion and let the record reflect
that this Commission sometimes votes on zoning matters based on —this is
called variances based on mercy, I think is the word that Commissioner
Carollo used. Since the Miami Herald is running a big expose about zoning
variances and campaign contributions, this is one more example that we are
continually putting on variances and to my knowledge these gentlemen have
not been political contributors of any consequence, if at all, to anybody
in the City of Miami Commission in the past and I doubt that they will be
in the future.
sl 97 APR 28 1983
2
60. OFFICIAL CONTINUATION OF ITE:f 1, APPEAL BY SLTNSET VILLAS
CONTOMINIU11 ASSOCIATION OF VARIANCES GRANTED FOR JACAROL
BAY CLUB TO BE HEARD 'U%Y 12, 1983 AS THE FIRST ITEM ON THE
AGENDA.
Mr. Carollo: Mr. Mayor, if I may, I apologize, I have an emergency and I have
to leave. I don't know when I'll be back. I leave the meeting in your hands,
then. I will try to be back if I can as soon asrossit,le.
Mayor Ferre: All right, Commissioner. The problem with that is that then
leaves us with a two member Commission.
Mr. Carollo: You have three members, Miller Dawkins.
Mayor Ferre: :filler Dawkins can't vote on item 1. Carolyn, there is nothing
that I can do about that.
INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD.
---------------------------------------------------------------------------
Commissioner Joe Carollo left meeting at 5:20 P.M.
---------------------------------------------------------------------------
Mayor Ferre: Mr. City Attorney, the question is, is there a quorum to hear this
issue now?
Mr. Garcia -Pedrosa: I think the answer is yes, yr. Mayor.
Mayor Ferre: With two people here there is a quorum?
Mr. Garcia -Pedrosa: No, sir, there are three Commissioners present.
Mayor Ferre: Wait a minute. Explain this to me. If Commissioner Dawkins
is recusing himself from the vote, then he is technically not a voting member
of this panel, but his presence here, despite the fact that he is not a
participant, gives us a quorum? Is that what you are saying?
Mr. Garcia -Pedrosa: Yes, sir that is correct.
Mayor Ferre: So, therefore, we can technically hear this and vote or not vote.
Mr. Garcia -Pedrosa: You can.
Mayor Ferre; O.K., I no problems. Proceed. I don't mean to question,
but I want this on the record, because I'm sure this is going to be tested
in court, I want to make sure that since Mr. City Attorney, the appellant
needs three votes and since you are saying that we can legally hear it with
two votes, aren't you legally saying that you are making it impossible under
any circumstances for the appellant to receive three votes? How can he receive
three votes when there are only two votes present?
Mr. Garcia -Pedrosa: The question is, Mr. N.,,or, whether or not there is a
quorum for you to transact business. This Commission goes by Masons Rules
of Order. Section 500, Subsection l says, "A quorum of any deliberative body,
whether a legislative body, an administrative board, or a court, must be present
in order to transact business and to make its acts valid. The majority of the
membership of a body constituted of a definite number of members constitutes a
quorum for the purpose of transacting business."
Mayor Ferre: I don't think that is the section that you need to look at. I
think the question is, if de facto you are required three votes on the
appellant's request and there are only two people voting, then how in the
world can there be any due process when there is no physical way for three
votes to be cast? How can the appellant receive his due proper hearing when
there is no way that he could ever get three votes?
sl
APR 28 1983
0 0
Mr. Garcia -Pedrosa: Mr. Mayor, your knowledge of law astonishes me. I stand
corrected. Upon checking Section 502, Subsection 2, I think you are correct
now and I am sorry.
Mayor Ferre: I don't want to be accused, now explain it so that we don't have
a....
Mr. Garcia -Pedrosa: Let me just read the section, then.
Mayor Ferre: Read the section so that we can get it clear.
Mr. Garcia -Pedrosa: Every member entitled to vote should be counted in
determining whether a quorum is present. But members disqualified on
account of interest from voting on any question cannot be counted for the
purpose of making a quorum to act on that question.
Mayor Ferre: My name isn't Dempsey Baron, but I've been around long enough to
know, you know, what the common sense in the law is. So, in other words, give
me your opinion again one more time so that we don't have any confusion. Or
do you want to think about it for a moment?
Mr. Garcia -Pedrosa: No, we had an alternative.
Mayor Ferre: Do you want to come in? Why don't you lawyers talk and I will
give you a couple of minutes to work this thing out.
INAUDIBLE BACKGROUND CO,1*MNTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Garcia Pedrosa: I have shown counsel for the appellee the manual and also
counsel for the appellant. The appellant's counsel takes no position on the
matter. The appellee's counsel agrees that the computation of the quorum
should not take Commissioner Dawkins into account, although I note now, and
I think the record ought to reflect that as I speak Commissioner Dawkins is
not in this room.
Mayor Ferre: O.K., but let's assume he is in the room. If he is in the room,
can we proceed or not?
Mr. Garcia -Pedrosa: No, sir, not on this issue.
Mayor Ferre: So that settles that. Is there anything you want to add, Mrs.
Weissenborn?
Mrs. Weissenborn: No, there's nothing I can add. I mean the rules are there.
I'm just a little upset that we keep coming back here and at this point in
time, we requested once before and we've just....
Mayor Ferre: I want to tell you that I think you are totally right. I think
you are entitled to a hearing. Technically, there is absolutely nothing that
either the City Attorney or I or anyone else here can do if Commissioner
Carollo decides to leave the room, there is not a quorum. I mean you don't
have to be a genius to figure that out.
Mrs. Weissenborn: No, and I have no problems with that. Following the rules
and regulations, there is nothing that we can do, but I do believe that we....
Mayor Ferre: I am going to say into the record, I don't think there is any
question, Mr. Matthews, that you are going to lose this and that they are
going to win this and I think....
Mr. Matthews: I understand, sir.
Mayor Ferre: ....in effect, what is happening here is we are not able to
bring it up to a definitive vote. Now, Mr. Manager, in the interest of
equity in this thing, is there any reason why on May 12th, this can't be
brought up as the first item?
Mr. Reid: It can be continued and be brought up as the first item.
sl 99 APR 2 8 1983
Mayor Ferre: It will be the first item on May 12th.
Mr. Reid: That's right.
Mrs. Weissenborn: The only problem that we have is that we were the number one
this time, and here we are at 5:30 in the afternoon.
Mayor Ferre: Let lao tell you, you would have had the same problem this morning
as now. It does not make any difference, because if Killer can't vote and Joe
walks out, that...you know... you are going to need three people here. That
means you have to wait until ... what's his name... Joe and J.L. are here. Yes,
sir, Mr. Matthews.
Mr. Matthews: Joe Matthews, for the appellant. I wish to simply state that
the association is very troubled by this also. I'm sorry, sir. I'll make
myself available at any time. I understand what you are telling me about
the prospects for success with the two gentlemen that you are speaking with,
but I'm sorry, sir.
Mayor Ferre: Mr. Matthews, I really don't think it serves anybody's purpose
at this stage to have a meeting at 7:00 P.M. at the next meeting. I think
really, that we should just have it as the first item on the agenda. These
people are entitled to have a conclusion of t'-!.s one way or the other. If
there are three votes against it, that's the way it has to be!
Mr. Matthews: Mr. Mayor, I understand. What I'm saying is I'm at the complete
availability of the Commission. Although I still do hope I will have an
opportunity to take one more crack at dissuading the two of you. I understand
completely. Whenever you reschedule it, I'll make myself available without
waiving whatever rights we've....
Mayor Ferre: No, not two, you need three votes.
Mr. Matthews: I understand, sir, but the two here are the two I am referring
to.
Mrs. Weissenborn: The only question I have is there any, and I'm not familiar
with this, any possibility of any kind of a special meeting on something like
this, where you have something else going on and we could call this is on an
agenda.
Mayor Ferre: We don't have any special meetings coming up that I know of.
Mrs. Weissenborn: O.K.
Mayor Ferre: As a matter of fact, we can't even get a vote to continue, because
we don't have a quorum here!
Ms. Carolyn Weiss: Mr. Mayor, I'd like to point out that for not being
able to hear this matter since May last year, it is technically an indirect
confiscation of the property and creatiug a hardship. There have been two
lenders who have been lost by the wayside because of this constant continuation
and each time a lender commits himself, he waits for 90 days to see if they
can have a closing. This thing just keeps getting dragged on now for exactly
since May last year, one full year to date.
Mayor Ferre: I understand and sympathize. We will see you May 12th first
thing.
Mr. Matthews: Mr. Mayor, I am available whenever if anyone wants to discuss
it, or anything else.
Mayor Ferre: There is nothing that I can do. There is no way we can continue
this if we don't have a quorum. Can we get Miller Dawkins in here? Why don't
you ask Mr. Dawkins to come in. He can vote on a continuance. That's no
conflict, is it? Mr. City Attorney, can Commissioner Dawkins vote on a
continuance?
Mr. Garcia -Pedrosa: Yes, sir.
100
sl
APR 2 8 1983
�J
0
:Mayor Ferre: All right, Commissioner Perez moves that this item be continued.
Commissioner Dawkins seconds. You can vote on it.
INAUDIBLE COMMENT FROM COMMISSIONER DAWKINS.
Mayor Ferre: On a continuance you can vote.
INAUDIBLE COnMENT FROM COMMISSIONER DAWKINS.
Mayor Ferre: All right. Further discussion? Call the roll on the continuance
of item 1.
THEREUPON MOTION DULY :MADE by Commissioner Demetrio Perez and
seconded by Commissioner biller Dawkins, item 1 was continued
to the meeting of May 12, 1983 as the first item by the following
vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner :filler Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice Mayor J.L. Plummer, Jr.
Mrs. Weiss: Mr. Mayor, may I ask, will this be heard after pocket items
or before pocket items?
Mayor Ferre: After pocket items. So it will be at 10:00 o'clock.
Mrs. Weiss: O.K., thank you.
Mayor Ferre: I promise you that I will take it up first thing.
------------------------------------------------------------------------
NOTE FOR THE RECORD: Agenda item 55 was continued to May 12th.
------------------------------------------------------------------------
61. SECOND READING ORDINANCE: AMEND ORDINANCE 6871, ARTICLE II, IV, V,
VI, BY ALLOWING CARPORTS AS PERMITTED USES UNDER ACCESSORY
STRUCTURES.
Mayor Ferre: Item 56, second reading, last time around Carollo moved, Perez
seconded. Any problems with this? Does anybody have any objections to this?
Moved by Perez. Second by Dawkins. Further discussion on 56? Read the
ordinance.
Mr. Garcia -Pedrosa: Mr. Mayor, let the record reflect that nobody is
seeking to be recognized on this matter?
Mayor Ferre: Does anyone wish to speak to item 56? Read the ordinance.
101
sl
01APR 2 8 1983
N
AIN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY AMENDING ARTICLE II (DEFINITIONS) SECTION 2,
BY RENLMERING EXISTING SUBSECTION (13-A) TO (13-B),
AND EXISTING SUBSECTION (13-B) TO (13-C), AND ADDING
A NEW SUBSECTION (13-A) ENTITLED "CARPORTS, T04PORARY"
TO SAID ARTICLE; BY ADDING A NEW SUBSECTION (8),
PERTAINING TO "TEMPORARY CARPORTS" AS AN ACCESSORY
USE, TO SECTION 19, ARTICLE IV - GENERAL PROVISIONS;
FURTHER BY AMENDING SECTION 1 OF ARTICLE V (ONE
FAMILY DWELLINGS, R-1, R- lA, R-lB DISTRICTS) AND
SECTION 1 OF ARTICLE VI (TWO FAMILY DWELLING - R-2
DISTRICT) TO PROVIDE FOR CARPORTS; 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 March 24, 1983,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Perez, 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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
;Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice Mayor J.L. Plummer, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9610
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.
62. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 9500, ARTICLE
20, GENERAL AND SUPPLEMENTARY REGULATIONS, ARTICLE 36, TO PERMIT
CARPORTS IN RS-1, RS-2, RS-1.1, AND RG-1 AREAS.
Mayor Ferre: We are on 57 on second reading.
Mr. Richard Whipple: This is a companion item to the item you just had.
Mayor Ferre: Commissioner Perez moves.
Mr. Dawkins: Second.
Mayor Ferre: Dawkins seconds. Read the ordinance.
Mr. Robert Clark: Let the record reflect there is no one here to speak to
on this subject.
Mayor Ferre; Call the roll.
sl 102 APR 28 19
83
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, THE
ZONING ORDINANCE FOR THE CITY OF MIAMI,
FLORIDA, AS AMENDED, (UPON BECOMING
EFFECTIVE), TO PROVIDE "CAR SHELTERS" BY
ADDING A NEW SUBSECTION 2008.4, DELETING
SUBSECTION 2008.7, AND RENUMBERING EXISTING
SUBSECTIONS 2008.4, 2008.5, AND 2008.6, TO
2008.5, 2008.6 AND 2008.7, RESPECTIVELY, OF
SECTION 2000 - APPLICATION OF ARTICLE XX
-GENERAL AND SUPPLEMENTARY REGULATIONS; BY
AMENDING ARTICLE XXXVI - DEFINITIONS
(DEFINING CAR SHELTERS); AND BY AMENDING THE
SCHEDULE OF DISTRICT REGULATIONS, "ACCESSORY
USES AND STRUCTURES" COLUMN, (PERMITTING CAR
SHELTERS IN THE RS/1 AND RS/2 ONE -FAMILY
DETACHED RESIDENTIAL, RS/1, ONE -FAMILY
DETACHED RESIDENTIAL, AND RG/1 GENERAL
RESIDENTIAL [ONE AND TWO FAMILY], BUT NOT IN
RG/2 [GENERAL RESIDENTIAL] AND OTHER
DISTRICTS) OF THE OFFICIAL SCHEDULE OF
DISTRICT REGULATIONS MADE A PART OF SAID
ORDINANCE NO. 9500, BY REFERENCE AND
DESCRIPTION IN ARTICLE III, 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 :larch 24, 1983,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Perez, 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 Dnmetrio Perez, Jr.
Commissioner "filler J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice Mayor J.L. Plummer, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9611
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.
63. SECOND READING ORDINANCE: AMEND CITY CODE, ADD NEW SUBSECTION
(8) TO SECTION 2-135, "SAME DUTIES" CONCERNING PARKING LOTS,
GARAGES, ETC.
Mayor Ferre: Take up 58. This is on second reading. On first reading it
was moved by Plummer.
Mr. Perez: Move.
Mayor Ferre: Perez moves. Is there a second?
Mr. Dawkins: Second.
103
sl APR 28 190V3
sl
Mayor Ferre: Dawkins seconds. Further discussion? Does anybody here wish
to speak on this? Seeing none, read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI,
FLORIDA, BY ADDING A NEW SUBSECTION (8) TO SECTION
2-135, "SAME -DUTIES," PROVIDING FOR THE F0RMULATION
OF CITY OF MIAIMI GUIDES AND STANDARDS, ATTACHED HERETO
AS EXHIBITS "A", "B" AND "C" RESPECTIVELY, AND INCORPO-
RATED HEREIN BY REFERENCE, FOR THE ADMINISTRATIVE REVIEW
OF OFFSTREET PARKING LOTS, GARAGES AND RELATED LANDSCAPING
AND LANDSCAPING GENERALLY THROUGHOUT THE CITY IN CON-
JUNCTION WITH THE ZONING ORDINANCE, AND BAY/RIVERWALKS
IN CONJUNCTION WITH THE ZONING ORDINANCE AND/OR SECTION
3 (4) (b) OF THE CITY CHARTER; PROVIDING FOR ADMINISTRATION
AND RECORDATION; REPEALING ALL ORDINANCES, CODE SECTIONS
OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of February 24, 1983,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Perez, 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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
:Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice Mayor J.L. Plummer, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9612
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
64. FIRST READING ORDINANCE: AIIEND ORDINANCE 9500 BY ENCOMPASSING
CORRECTION OF ERRORS, MATTERS OF OVERSIGHT, AND 14ATTERS OF
C014MISSION DIRECTION, INCORPORATING SAID CHANGES INTO ORDINANCE
9500.
Mayor Ferre: 59, this is on first reading zoning ordinance. Go ahead, Mr.
Manager, explain what this is.
Mr. Sergio Rodriguez: For the record, my name is Sergio Rodriguez, Planning
Director for the City. On February 24, 1983, the Commission continued the
items known as Amendment B of the Zoning Ordinance 9500 and referred the
items to the Planning Advisory Board. Upon receiving the Planning Advisory
Board recommendation, the Commission continued the item on March 24th on
the advice of the Law Department and to avoid possible challenges in court
in the future, certain items were removed from Amendment B, as follows:
SBI-2, SBI-10, SBI-11 and from the official Zoning Atlas Amendments, the
29 amendments that were geographically located. The remaining items that
we have before you today are only housekeeping amendments pertaining to
amendments to the zoning text and schedule of district regulations that
are described in the draft ordinance. There are no substantive amendments
in this group that we are recommending to be approved today. We will be
coming before you in the future with some of the other amendments. Do
you have any questions?
104
APR 28 1983
Mayor Ferre: Does anybody have any problems with this? All right, does
anyone wish to speak on it? Is there a motion?
Mr. Dawkins: Move.
Mr. Perez: Move, second.
Mayor Ferre: Dawkins moves. Perez seconds 59. Call the roll.
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 CORRECTIONS AND MATTERS INTO
ORDINANCE NO. 9500; PROVIDING FOR AN EFFECTIVE
DATE; REPEALING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT, AND CONTAINING A SEVERA-
BILITY CLAUSE.
Was introduced by Commissioner Dawkins, seconded by Commissioner
Perez and passed on its first reading by title by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice Mayor J.L. Plummer, Jr.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
65. PERSONAL APPEARANCE: JOSE MENDEZ, MATTER REFERRED TO CITY MANAGER.
Mayor Ferre: All right, Mr. Mendez, it's your turn. You have been patiently
waiting all day. We thought that would get your blood pressure down a little
bit. Mr. Manager, we have a problem. Two years ago this Commission went
on record on its Wynwood Emergency Housing Facility, Mr. Knox gave us a legal
ruling on it. Evidently in the last few days, Dena Spillman told Mr. Mendez
that nothing doing. So we need to revisit that a little bit. I don't know...
I'm sure that there are three votes, if not five votes on this Commission
that we proceed on this. I can give you all the documentation; or what do
you want to do on it?
Mr. Reid: Mr. Mayor, I would like to meet with Mr. Mendez and Dena Spillman
and try to resolve the matter.
Mayor Ferre: I think we have to accept that as good faith effort, Mr.
Mendez. I know you have waited three years.
105
.APR 2 8 1983
sl
0
Mr. Jose Mendez: I would like to accept that in good faith. But I would like
to tell the Commission that, although I accept that in good faith, I was told
yesterday a personal opinion that I am not capable of pulling this project.
Mayor Ferre: We're not going to get into that. Look, I think the Manager,
the Assistant Manager has given us a statement and as far as I am concerned
I'd rather not have anything else... Hold on just for a second. Is there
anything else, Mr. Manager, Mr. City Attorney?
Mr. Reid: No.
Mr. Garcia -Pedrosa: No, sir.
:ayor Ferre: Do any members of the Commission have any other items?
Mr. Dawkins: Move adjouned.
Mayor Ferre: There is a motion to be adjourned. Second; further discussion?
ADJOURNMENT:
There being no further business to come before the City Commission,
on motion duly made and seconded, the meeting was adjourned at 5:40 P.M.
ATTEST: RALPH G. ONGIE
City Clerk
MATTY HIRAI
Assistant City Clerk
MAURICE A. FERRE
Mayor
106 APR 28 1983
f.
f"
'AMI
�f'Y lkW ,
nn. ---------
ITEM NO DOCUMENT IDENTIFICATION
MEETING DATE:
April 28, 1983
COMMISSION RETRIEVAL
ACTION CODEN0.
?
GRANT INC, DELAY TN CONSTRUCTION 01: THE CITY OF MIAMI' S
CABLE TELEVISION LICENSE ORDINANCI?—Co?ll'LI:T'TON BY
NOVE`IBER 19, 1984
R-83-338
83-338
2
SUPPORT OF POLICIES OF THE PRESIDENT OF THE UNITFI)
STATES IN CENTRAL AMERICA TO PROTECT T11E REGION
AGAINST GUERRILLAS
R-83-345
83-345
3
ACCEPTING THE PLAT ENTITLED I:XECUT'1VE PLAZA
SUBDIVISION.
R-83-347
83-347
4
CONCERNING THE SOUT'HLAST FTNANCTAL �"ENTrR A DIWELOP'11::;'
017 REGIONAL I;TPACT LOCATED AT 200 ')IS:AYNE BOULEVARD.
R-83-348
83-348
5
ACCEPTING THE PLAT ENTITLED CENTRAL M!:',A VISTA
A SUBDIVISION IN THE CITY OF MIAMI.
R-83-349
83-349
6
ACCEPTING THE PLAT ENTITLED: RO SOR SUBDIVISIO`;, A
SUBDIVISION OF THE CITY (11: MIAMI.
R-83-350
83-350
7
APPROVING THE PRELI?IINARY OFFICIAL. STATEMENT
PERTAINING TO THE $25,000.000.00 'I'1i1: CITY OF MIAMI
GENERAL OBLIGATION BONDS
R-83-351
83-351
8
FIXING CERTAIN DETAILS CONCERNING 58,000,000.00 FIRE
FIGHTING AND 17TRE PREVENTION AND RESCUE FACILITIES
BONDS.
R— 8 3— 35 2
8 3—'35 2
9
ACCEPTING THE: PLAT ENTITLED BETTY SEIDLE SUBDIVISION,
A SL113TWVISION IN THE. CITY OF MIAMI.
R-83-353
83-353
10
GRANTING A ONE YEAR (EXTENSION A CONDITIONAL USE AS
LISTED IN ORDINANCE 6871—APAR'I'NlFNT BUIT'DING—
BANYAN BAY APRTMENT—FALLENSE'N PARE.
R-83-354
83-354
11
OUIT CLAIM DEED THROUGH BANYAN BAY APARTMENTS —
WESTERLY PART OF 13ANYAN 13AY APR'1'"TrNTS—STORM SEWER.
R-83-355
83-355
12
CLOSING, VACATING PUI3LIC USE OF S.W. 54'1'H AVENUE.
SOUTHWEST 7TIi STREET —PLAT #1150—"GENESIS SUBDIVISION"
R-83-356
83-356
13
RESCINDING RESOLUTION NO. 82-550—REVISED PLAT
BAYFRONT PARK. A SUBDIVISION OF T11E CITY OF MIAMI.
R-83-358
83-358
14
ESTABLISING JULY 14, 1983 AS DATE FOR PUBLIC:
HIEARING.MrLOPMENT ORDER FOR S.1.. NTH STREET AND
BRICKELL AVENUE PROJECT.
R-83-359
83-359
15
ACCEPTING THE BID OF RIC—MAN CONSTRUCTION
CORPORATION TN THE PROPOSED AMOUNT 01:
$988,143.05.
R-83-360
83-360
lh
RESCINDING RESOLUTION NO. 83-194'. BELAFONT'E—
TACOLCY AND YOUTH CO—OP INC.
R-83-362
83-362
PACE # 2
ITD�1 NO.1 DOCUMENT IDENTIFICATION `' �rTrf%n►i "Jkl
rnnr ►,in
17 (RANTING A VARIANCE FROM ORDINANCE. NO. 6871.
FLORIDA ROOM. 441 S.W. 35 AVENUE.
R-8 3- 363
83-363