HomeMy WebLinkAboutCC 1983-02-24 MinutesCITY OF MIAMI
February 24, 1983
OF MEETING HELD ON
(Planning and Zoning)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G.. ONGIE
CITY CLERK
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PLANNING & ZONING 2-24-83
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1
DISCUSSION AND DEFERRAL OF CONSIDERATION FOR CHANGE
OF ZONING FROM R-4 TO R-C, 2629-2645 SOUTH BAYSHORE
DRIVE.
2
DISCUSSION AND DEFERRAL OF APPEAL OF SUNSET VILLAS
CONDOMINIUM ASSOCIATION PHASE IIIA, INC. OF
VARIANCES GRANTED TO JACAROL BAY CLUB (Note that
this item comes up later same meeting)
3
DISCUSSION AND DEFERRAL OF CONSIDERATION CHANGE OF
ZONING FROM R-1 TO R-2, 2169 AND 2177 S.W. 12TH
STREET.
4
DISCUSSION ITEM - BOXING PROGRAM AT THE ELIZABETH
VIRRICK GYM.
5
BRIEF DISCUSSION AND DEFERRAL OF CONSIDERATION -
CHANGE OF ZONING CLASSIFICATION 3251 SOUTH MIAMI
AVENUE AND 50 S.W. 32 ROAD FROM R-1 TO GU.
BRIEF DISCUSSION AND DEFERRAL OF CONSIDERATION OF
6
ADDING HC-2 RESIDENTIAL OFFICE HERITAGE CONSERVATION
OVERLAY DISTRICT TO THE LIST OF ZONING DISTRICTS.
7
FIRST READING ORDINANCE: 'APPLY PROPOSED HC-1
GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT
TO PROPERTY LOCATED 118-170 N.E. 2 STREET, GESU
CHURCH RECTORY AND SCHOOL.
8
FIRST READING ORDINANCE: ADD PROPOSED HC-1 GENERAL
USE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE
NEW OFFICIAL ZONING ATLAS OF ZONING ORDINANCE 9500
GESU CHURCH RECTORY AND SCHOOL.
9
DISCUSSION ITEM: POSSIBLE BLESSING OF THE OPENING
CEREMONIES OF THE MIAMI GRAND PRIX RACE BY THE ARCH-
BISHOP OF MIAMI.
10
FIRST READING ORDINANCE: AMEND ZONING ORDINANCE
NO. 9500 REVISE ARTICLE 15 SEC. 1523 TO PERMIT UP TO
TWO RETORTS IN MORTUARIES OR FUNERAL HOMES.
11
DISCUSSION AND DEFERRAL OF CONSIDERATION OF APPLICA-
TION FOR ONE YEAR EXTENSION OF CONDITIONAL USE SEVEN
STORY APARTMENT BUILDING 703 N. E. 63 STREET.
12
ACCEPT PLAT "MIAMI FASHION CENTER SECTION 1".
13
ACCEPT PLAT "GROVE SQUARE".
14
DISCUSSION ITEM AND DEFERRAL OF AGENDA ITEMS NUMBER
30 AND 31 CONCERNING APPOINTMENTS TO THE CITY OF MIAM
ZONING AND PLANNING ADVISORY BOARDS.
15
AUTHORIZE CITY MANAGER TO EXECUTE CONTRACT WITH DR.
ERNEST R. BARTLEY, FREDERICK•H. BAIR, JR., AND ROBERT
M. LEARY ADMINISTRATIVE CONSULTANT SERVICES NEW ZON-
ING ORDINANCE NO. 9500.
16
DISCUSSION ITEM: PLANNING DEPARTMENT RESPONSE TO
COMMISSION MOTION IN REFERENCE TO THE REZONING OF
S.W. 28TH TERRACE.
Page 1 of 3
KESOL O 0R
SOWTIOI
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DISCUSSION i 1-2
DISCUSSION 2
DISCUSSION 3-5
DISCUSSION 1 5-8
DISCUSSION 1 8
DISCUSSION 9-11
FIRST READING
FIRST READING 14
DISCUSSION 14-15
FIRST READING 115-17
DISCUSSION
17-19
R-83-155
20
R-83-156
0-21
DISCUSSION
1-22
R-83-157 lk2-23
23
tic
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PLANNING & ZONING 2-24-83
30 NO.
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18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
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ALLOCATE AN AMOUNT NOT TO EXCEED $12,500 WITH OTHER
GOVERNMENTAL AGENCIES FOR RED CROSS DISTRIBUTION OF
CHEESE TO THE NEEDY.
PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS.
AUTHORIZE MARCOS KHOLY TO REPRESENT VICE -MAYOR J. L.
PLUMMER AT THE INTERNATIONAL SISTER CITY MEETING IN
WASHINGTON, D.C.
DISCUSSION ITEM: ACCEPTANCE OF PLANS AND BLUEPRINTS
AND ISSUANCE OF BUILDING PERMITS CONCERNED WITH THE
DELAY OF IMPLEMENTATION OF ORDINANCE 9500.
BRIEF DISCUSSION ITEM: POSSIBLE ADDITIONAL USES OF
THE MIAMI MARINE STADIUM.
DISCUSSION AND DEFERRAL OF CONSIDERATION OF CONFIRM-
ING AND ORDERING RESOLUTION CONCERNING THE GRAND
AVENUE SIDEWALK IMPROVEMENT H-4483.
DISCUSSION AND DEFERRAL OF CONSIDERATION OF THE CON-
TENTS OF THE REQUEST FOR UNIFIED DEVELOPMENT PROJECT
PROPOSALS ADJACENT TO MIAMARINA TO BE KNOWN AS
BAYSIDE.
APPROVE PERMISSION TO CONSTRUCT AND OPERATE THREE
PIERS INTO BISCAYNE BAY AT APPROXIMATELY 199 to 515
BISCAYNE BLVD.
CONTINUED DISCUSSION OF APPEAL BY SUNSET VILLAS
CONDOMINIUM ASSOCIATION PHASE IIIA INC. OF VARIANCES
GRANTED TO JACAROL BAY CLUB DECLARING THAT THIS MAT-
TER WILL BE HEARD ON 3-24-83 PENDING RECEIPTS OF IN-
FORMATION FROM U.S. ATTORNEY GENERAL TO CITY ATTORNEY
BRIEF DISCUSSION ITEM ON MR. ALE} LEME'S APPEAL TO
THE CITY COMMISSION THE DECISION OF THE CODE ENFORCE-
MENT BOARD ON VIOLATIONS OF ZONING LAWS IN MR. LEME'S
PROPERTY 1120 S.W. 19 AVENUE.
'COMPANY INSTALLING PORT-O-LET (PORTABLE SANITATION
UNITS) FOR THE GRAND PRIX RACE.
CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELEC-
TION TO BE HELD NOVEMBER 8, 1983, ON A PROPOSED CITY
LOTTERY.
DISCUSSION ITEM ONLY: PROPOSED ALLOCATION TO CHRIS-
TIAN HOSPITAL INC. NO ACTION TAKEN.
EMERGENCY ORDINANCE: PROVIDE FOR SALE AND CONSUMP-
TION OF BEER AND WINE IN BICENTENNIAL AND BAYFRONT
PARKS DURING SPECIAL EVENTS APPROVED BY THE CITY
COMMISSION.
AMEND RESOLUTION 83-105 CONCERNING THE CLOSING OF
STREETS TO THROUGH TRAFFIC FOR THE SECOND ANNUAL
CARNAVAL MIAMI.
FORMALIZING RESOLUTION CHANGE MEETING DATE OF MARCH
10th CITY COMMISSION MEETING TO MARCH 18th.
Page 2 of 3
ORDINANCE OL PAGE N0K SOLUTION
R-83-158
24-25
25
M-83-159 26
DISCUSSION 26-27
DISCUSSION 27
DISCUSSION
27-31
DISCUSSION
32-35
R-83-160
35-37
M-83-161 37-44
DISCUSSION 44-47
DISCUSSION 48
R-83-162 49-53
DISCUSSION 53-54
ORD. 9573 154-56
R-83-163
R-83-164
1 56-57
157-58
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PLANNING & ZONING 2-24-83
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SMCT
Page 3 of 3
ORDINANCE % PAj No.
SOLUTION
ALLOCATE UP TO $100,000 IN CONNECTION WITH ATTEMPTS
TO BRING MISS UNIVERSE PAGEANT TO THE GREATER MIAMI
AREA.
M-83-165
ALLOCATE AN AMOUNT NOT TO EXCEED $5,500 FOR PROMO-
TIONAL ACTIVITIES CONCERNED WITH THE HONG KONG IN-
VESTMENT TRADE FAIR.
M-83-166
DISCUSSION AND TEMPORARY DEFERRAL OF DELAY IN THE
IMPLEMENTATION OF ORDINANCE 9500. (Note: This mat-.
ter comes up later, same meeting.)
DISCUSSION
DISCUSSION AND DEFERRAL OF CONSIDERATION OF AGENDA
ITEMS NUMBER 37 and 38.
DISCUSSION
FIRST READING ORDINANCE: AMEND CHAPTER 54 STREETS,
SIDEWALKS OF THE CODE OF THE CITY OF MIAMI - PROVIDE
FOR ESTABLISHMENT OF BASE BUILDING LINES, TEMPORARY
ENCROACHMENT, ETC.
FIRST READING
FIRST READING ORDINANCE: AMEND CHAPTER 63 OF THE
CODE SUBDIVISION REGULATIONS PROVIDING FOR PROCEDURE
FOR SUBMITTING TENTATIVE -AND FINAL PLATS.
FIRST READING
FIRST READING ORDINANCE: AMEND THE CODE BY ADDING
A NEW CHAPTER ENTITLED CHAPTER 64 CITY OF MIAMI
GUIDES AND STANDARDS FOR LANDSCAPE REQUIREMENTS, OFF-
STREET PARKING AND RELATED LANDSCAPING.
FIRST READING
FIRST READING ORDINANCE: AMEND CHAPTER 4, ALCOHOLIC
BEVERAGES OF THE CODE OF THE CITY OF MIAMI, FLORIDA:
PROVIDING FOR A DISTANCE SEPARATION BETWEEN LIQUOR
AND/OR BEER AND WINE LICENSEES.
FIRST READING
DISCUSSION AND DEFERRAL OF CONSIDERATION OF CONFIRMA-
TION AND READOPTION OF ZONING ORDINANCE 9500.
DISCUSSION
SECOND READING ORDINANCE: AMEND ORDINANCE NO. 9500
BY DELAYING THE EFFECTIVE DATE OF SAID ORDINANCE
UNTIL MAY 15, 1983.
ORD. 9574
.CONTINUED DISCUSSION AND DEFERRAL OF CONSIDERATION
OF CONFIRMATION AND READOPTION OF ZONING ORDINANCE
9500.
DISCUSSION
58-60
60-63
63-64
64-66
66-67
1 67-68
68-69 ,
69
1 70-71
72
73
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 24th day of February, 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
by Mayor Maurice A. Ferre with
Commission found to be present:
ABSENT:
ALSO PRESENT:
order at 11:00 O'Clock A.M.
the following members of the
Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
Commissioner Joe Carollo
Commissioner Demetrio Perez
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. DISCUSSION P11D DEFERPa1L' OF CONSIDE^.ATION FO^ CH.VIGE OF ZONING
r11,011 R-4 TO R-C, 2629-2645 SOUTH BAYSHOP.E DRIVE.
Mayor Ferre: Mr. Plummer, could I have your attention for a moment? There is
a request here that has been signed by Mr. Milton Wallace that Item 2 be defer-
red until 5 P.M. The request is based on the fact that he had an emergency
matter scheduled at 10:30 and since we only.began supposedly at 10 and now it
is 11 that he has left and he has left this request. Some of the representa-
tives of Coconut Grove that have also been here say that that is unfair because
they just simply cannot be here at 5 and they had scheduled to be here this
morning. My statement to them is what is sauce for the goose is sauce for the
gander and I don't see any way that we can deny them the same right we give
Milt Wallace. Milt Wallace wanted it scheduled for 5, these people cannot be
here at 5 so I guess we'll have to continue it. I've asked the Manager and
the City Attorney if there are any objections, they have none pending any
oobjections from you or Commissioner Dawkins I'll accept a motion to defer
Item 2 to the next Planning and Zoning Meeting. Any problem?
Mr. Plummer: Mr. Mayor, I have no problem, I just hate to see people incon-
venienced but so be it.
Mayor Ferre: There is a motion that this item be deferred until the next
Zoning Meeting. Is there further discussion on Item 2? Call the roll. Hold
on a minute, Don, I see that you're here. Does that cause a major problem
for your client?
Mr. Don Hickman: Don Hickman, 10000 west Bay Harbor Drive. That is why we
asked to have it continued to 5 P.M. this evening because last meeting some
of them said that the morning was bad for them, they would rather have it in
the evening, Unavoidable.... we would ask for it to be at 5:00 this after-
noon, sir. The problem, Mr. Hickman, is that this lady and this gentleman
and some of the people that are here say they cannot make it at 5:00. Now,
it puts us in the problem we can either hear it now which I'm perfectly will-
ing to do if you can get Milt to get back here and if they're willing to
01 FEB 2 41983
wait or since they can't be here at 5:00 we'll have to put it off to the
March Meeting.
Mr. Hickman: I guess that's the best, sir, we'll put it off to the March
Meeting.
Mayor Ferre: All right, thank you. There is a motion and a second. Do you
have any problems with this? Call the roll.
The preceding motion to defer, introduced by Commissioner Plummer and
seconded by Commissioner Dawkins was passed and adopted by the following
vote -
AYES: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez
Commissioner Joe Carollo
2. DISCUSSION AND DEFERRAL OF APPEAL OF SUNSET VILLAS C01MOMINIUM
ASSOCIATION PHASE IIIA, INC. OF VAnIANCES G_2ANTED TO JAC.'nOL
BAY CLUB (Note that this item comes uo later same meeting.)
Mayor Ferre: We also have Item 22, Mr. Manager.
Mr. Gary: Mr. Mayor and members of the Commission, we have been informed that
there is an on -going investigation of the disclosure with regard to this item
and in keeping with the City Commission's policy as well as the management
policy that we will not consider items until on -going investigations are com-
plete, I will recommend that we continue this item until the next meeting or
until the investigation is completed. I would like....
Mr. Dawkins: So move.
Mayor Ferre: There is a motion by Commissioner Dawkins, is there a second?
This is Item 22, Jacarol.
Mr. Plummer: Yes.
Mayor Ferre: Further discussion? All right, call the roll.
The preceding motion to defer, introduced by Commissioner Dawkins and
seconded by Plummer was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez
Commissioner Joe Carollo
rt .02 FFES 2 41983
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OP
3. DISCUSSION AND DEFERRAL OF CONSIDERATION CHANGE OF ZONING
FROM R-1 TO R-2, 2169 AND 2177 S. W. 12 STPXET.
Mayor Ferret We'll begin with Item 1 and proceed right down the line unless
somebody has an emergency - you have to go to the hospital, you have a court
hearing or you've got to go catch an airplane or something of that nature,
we're going to go right down the line starting with Item 1. All right. Yes,
sir.
Mr. Max Spiegelman: Good morning, Mr. Mayor and Commissioners, Max Spiegelman,
I represent Phillip Alvarez and Roberto Romero. This is a carry-over from
the December 16th. We requested a zoning change from R-1 to R-2. I think at
that time the Commission wanted to look at the particular area. We are right
on the border of this particular area and it cuts right next to our applicant's
property. Basically on S. W. loth Street most of the property on loth Street
are duplexes, next door to us is a triplex, on the west side there are three
units. To the east down the block are two and three units, 2105, 2109 that
are presently being used as duplexes. Behind us the entire block is almost
duplex. Just to the east of us is a 44 unit apartment house one block over,
2101 S. W. 12th Street. We believe that the character of the neighborhood
has substantially changed and that this is compatible with the existing zon-
ing.
Mayor Ferret All right, can we hear from the administration, from the Depart-
ment?
Mr. Richard Whipple: Richard Whipple for the Planning Department, Mr. Mayor.
The Planning Department has recommended denial of this item and that we feel
that the requested change would encroach unduly into the single family resi-
dential area. We do not believe that this application of zoning would be
consistent with the zoning patterns of the area and is not warranted at the
present time for the increased intensity so on that basis we recommend denial.
Mr. Plummer: Mr. Whipple, just answer for me, you've heard the attorney state
that even though you say it is not compatible that the neighborhood is, for
the better word "proliferated" with what he is asking for. What justification
do we use to tell this man, "No, sir, others have got it but you can't have
it"?
Mr. Whipple: Well, I don't believe there is a proliferation for one thing,
the causes are multiple that have occurred over numbers of years. That
ranges anywhere from illegal conversions that might not be caught to noncon-
formities that existed prior to zoning and perhaps even in the older days,
use variances that were granted for upgradings of zonings, for instance, I
believe along 22nd Avenue years ago there was a higher zoning that might
have permitted that apartment building and has since been deemed improper
zoning and rezoned properly.
Mr. Plummer: Mr. Whipple, I understand that 22nd Avenue is a different
animal. Okay, that is a busy thoroughfare.
Mr. Whipple: Well, that was one of the cases that he cited, that is why
I mentioned that.
Mr. Plummer: Well, how far is the closest R-2 to you?
Mr. Spiegelman: Right next door, immediately adjacent. There is a line
drawn right next to lot 3, lots 1 and 2 are R-2.
Mr. Whipple: As you see, the line if fairly uniform along the backs of
the property fronting on 22nd Avenue and the yellow area is the request
to encroach further into the R-1 area. We don't feel this would be justi-
fied unless, perhaps, due consideration be given to all of the other areas
but'we have no indication that that approach is warranted either.
Mr. Spiegelman: Mr. Commissioner, the map as drawn is not exactly as
represented, it goes over to Lot 25 and Lot 6 of the block immediately
south of us. That is the existing zoning so they have already moved over
to Lot 3 to make it R-2 as the map provided by the County as to the exist-
.03 FEB 2 41983
rt
ing zoning. This was given by your office. That is not exactly as repres-
ented to date, it is over one block already.
Mr. Plummer: So you're saying the two areas, because I can't see, you're
saying Lots 25 and 247
Mr. Spiegelman: Lot 25 and Lot 6 are already R-2.
Mr. Whipple: Are being used? They're not zoned R-2.
Mr. Spiegelman: According to your map.
Mr. Whipple: Is that zoning or use?
Mr. Spiegelman: This is zoning according to.... provided to us by your office.
Mr. Plummer: Let me see your map.
Mr. Whipple: This is our fact sheet that was attached and it is, to the best
of my knowledge, incorrectly drawn and it is correctly drawn on the map that
was displayed on the board.
Mayor Ferre: What do you want to do, J. L.?
Mr. Plummer: Well, if you look at this thing here they're justified in what
they're asking for. If that map is correct then I say it is a different ball
game.
Mr. Gary: We've got a Zoning Atlas coming.
Mr. Plummer: Yes, well, if you Zoning Atlas isn't any more up to date than
mine.....
Mayor Ferre: We're waiting for the map?
Mr. Plummer: Well, we're trying to make a determination. I have to say, on
the record, if this is correct the'man is justified in asking for what he
is asking. if this is incorrect and that is correct, you've got a rough
road to hoe.
Mayor Ferre: Well, in the interest of saving some time, Mr. Manager, do we
have.....
Mr. Gary: We have the map here.
Mr. Whipple: The map as projected on the wall is correct, the line that we
have on our fact sheet is incorrect.
Mr. Plummer: I take his word. Show it to the attorney who is entitled to
see that, who built the presentation on one facts which you gave him and
then.....
Mr. Spiegelman: This is a 1971 map, 81? Have there been any changes sub-
sequent? Didn't you provide us with this drawing that showed the zoning
change exactly as represented by the scale?
Mr. Plummer: Well, let me tell you where I'm at very simply. I'm at making
you deferred and you go back and build your presentation predicated on facts
not fiction or you take a denial. Now, that's where I'm at right now.
You're entitled to have correct information to best represent your client
and you did it on this sheet here which, as far as I'm concerned they have
admitted is wrong and I don't know how you can represent a client with in -
factual facts.
Mr. Spiegelman: We'll take a deferral then.
Mr. Plummer: Mr. Mayor, I move that this matter be deferred until the March
Meeting.
Mayor Ferro: There is a motion that Item l(b) be deferred to March, is there
a second?
Mr. Dawkins: Second.
Mayor Ferro: Further discussion? Call the roll.
rt - .04 FEB 2 41,984
The preceding motion to defer, introduced by Commissioner Plummer and
seconded by Commissioner Dawkins was passed and adopted by the following
vote -
AYES: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez
Commissioner Joe Carollo
4. DISCUSSION ITE11 - BOXING PROGRA11 AT THE ELIZABETH VIRRICX GYPS.
Mayor Ferre: Now, before we get to Item 3, I have a note here from Mrs. Virrick,
and she's right, I had forgotten to bring it up as a pocket item which I had
promised here I would. Elizabeth Virrick, I'm sorry, Elizabeth. Mr. Manager,
at the last Commission Meeting there was a discussion as to attendance at the
Virrick Gym and the moneys that were requested and so on for the continuation
of the program. There was an investigation that I understand has been made
and there have been some discussions between Cesar Odio and Mrs. Virrick and
others that are involved in the program and I would hope that maybe there is
some recommendation that would conclude this.
Mr. Gary: Well, first, Mr. Mayor, I think it would be appropriate also to
correct the record, whereby representatives of the Boxing Program said there
were 700 clients and there were a large number of clients. I sent my Opera-
tions Analysis Unit over to do an investigation and observation for five days
and we found out there were only 61 participants and of those 63,32 were
registered. The other 31 were not registered and of the registered ones only
13 lived in the City of Miami. We have also done a computation in terms of
the cost and the cost per participant just for our contribution alonef is a
little over a thousand dollars per month. You look at their contribution,
it is $1,300 a month, if you look at it together it is $2,332 per month per
participant which is very expensive.
Mayor Ferre: $2,000 can't be, that's impossible.
Mr. Gary: Per participant per year.
Mayor Ferre: Oh, per year, Okay.
Mr. Gary: We have had some discussions with Mrs. Virrick and we have concluded
that it would be appropriate for them to accept our recommendation of the ap-
propriation that we proferred to them. Also, Mr. Mayor, we think it would be
appropriate that as a condition of continued funding that we give Mrs. Virrick's
program some technical assistance in terms of making some improvements that need
to be made in the program.
Mayor Ferre: I think that is essential. If what you're saying is accurate,
and I assume it is if you got an objective third party to go in and look at
it, in a week 63 participants of which 32 are registered and 13 live in the
City of Miami, that's not too good, Mrs. Virrick.
Mrs. Elizabeth Virrick: Mr. Mayor, is it my turn to say something?
Mayor Ferre: Yes, ma'am, it is.
Mrs. Virrick: Well, I'm sorry that the whole Commission isn't here but appar-
ently the entire information that was turned in was not given to you.
Mayor Ferre: The entire what?
Mrs. Virrick; The entire information. Because among other things that occurs
to me right away is that they have a letter from Mr. Jack Callon who is the
Registration Chairman for the AAU and he sent a letter saying that we have
136 boxers registered. Now, let me explain that the cards that the boxers
rt .05 FES 2 41983
get which takes care of the insurance while they're in the gym is $15 a
year. , Some of the families can't pay it and so we have paid it for them.
There are quite a number of the boxers who have not been in the Wednesday
Night Matches,,but are in the training that do not have cards. That we're
taking immediate steps and we pay for their AAU Card of the family cannot
afford it. So this information about 136 having AAU cards was not even
given to you and that is straight.....
Mayor Ferre: Elizabeth, God knows that I and J. L. Plummer and Miller and
all of us here want to help you but there is no way in God's world we can
spend $2,000 per kids per year.,and there is no way we can justify that. Now
you might remember that the controversy was that the Department said that
there were only 25 participants and you said that was absurd, that will not
stand up for verification, it is substantially more than that, we are talking
about 3 or $400 per year per boxer and I said that is perfectly reasonable.
Now the Department, and in the request that the Commission made of the Man-
ager, we requested that he send somebody totally different and totally object-
ive, had nothing to do with either Cesar or Al Howard or any of the Depart-
ments and as I understand it somebody from the Budget Office of the Account-
ing Office that had nothing to do with this Recreational Department, did the
counting and for a week they counted. Now, you can challenge the numbers
and say they're not accurate but at this stage of the game now we have an
objective number that says there were 63 participants of which 32 were regis-
tered which is really what counts, of which only 13 live in the City of
Miami. Now either that is true or it is not true and if it is not true
you've got to now really give us substantive proof of the fact that it is
not true otherwise I really, my best advice to you very sincerely is that
you accept the offer that Cesar Odio has made on behalf of the City because
I don't think we can do a heck of a lot more than that.
Ms. Virrick: Mr. Mayor, 63 is the number that was reported to you from a
person in the Budget and Management Office coming there 5 random days.
Now, we have a lot of boxers in the gym at certain times of the day, we
have a lot some days, not other days, 5 days is not necessarily representa-
tive of what is happening.
Mayor Ferre: See, now the burden is going to be on you. You are going to
have to get an objective statement that there are 136 participants and that
the majority of them live in the City of Miami. At this stage of the game
we've got nothing to go on except the Office of Budget and Management's
word.
Mrs. Virrick: I have a copy of the letter from the registration manager up in
Fort Lauderdale, registration from the AAU and he has in that letter that
there are 136 AAU cards alone from Coconut Grove Cares. You say what you
want.
Mayor Ferro: Okay, now you have my position, I don't know how the other
two members of the Commission feel but we need to move along.
Mr. Gary: Mr. Mayor, I would like to first say that.....
Mrs. Virrick: We can get rid of all this, a lot of the information needs to
be checked and given to you later but Mr. Odio and Collie and I, Mrs. Collie
Coates, my sister, agreed with Mr. Odio yesterday that we would abide by the
$55,000 if the Commission would see fit to reimburse us for the amount that
we have borrowed from other programs in Coconut Grove.....
Mayor Ferre: How much is that, Mrs. Virrick?
Mrs. Virrick: And that was last Thursday's payday plus $3,000 that the box-
ing owes to our general fund.
Mayor Ferro: What is the total of that?
Mrs. Virrick: $5,000 besides the $5,500.
Mayor Ferre: Howard, let's solve this.
Mr. Dawkins: What is wrong with taking the $5,000 from the $55,000? I mean
you're giving them $55,000, take the $5,000 from $55,000, they've still got
$50,000.
Mayor Ferro: Mr. Manager, what is your recommendation?
.06 FEB 2 419}/50111
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Mr. Gary: I think the amount should be the $55,000, we'll work with this
program and make sure they stay within budget.
Mayor Ferre: Well, just make sure that out of the 55, Mr. Manager, that
let's mop up these past problems that we have. Is that acceptable to you,
J. L.?
Mr. Plummer: Mr. Mayor, you know I talked with some people yesterday from
that program and all I want to say is that as you know, you and I and, of
course, the others but you and I have been with the program since its incep-
tion and in no way do we want to see this program lost but I think that this
program has now got to come to a realization that there is no dollars that
are spare and if we take dollars to give them to you today they've got to
come from other programs and some of those other programs are going to be
taking food and I want to tell you I just don't see it. You know, I've got
an application, I'll give you an example. I've got a request that was re-
ceived by my office that I don't know that we've got the money to dg but�it
is from the American Red Cross for $12,000 to help them distribute the Cheese
Program and they've got to have it and I don't know when I tell Mr. Gary
about this what is going to happen but to me it is an important program, it
needs to be done. I don't know what else we can do. Elizabeth, all I can
say to you is1try to live within the $55,000, if you don't..... Elizabeth
Virrick of any one person has the right to come into this Commission has
grabbed our ear more than anyone I know and Elizabeth, if times get tough
we'll just have to see if we can't cut nearer the bone.
Mrs. Virrick: Mr. Plummer, thank you. I want to say to you that, of course,
taking foods of peoples' mouth is a different story but I want to say to you
that we have many success stories of boxers that have been in that program
in the past years that are now contributing members of society, married, have
jobs, have children, that might have been in prison at a cost to the taxpayer
of $20,000 a year for every person in Raiford. Now, what I want to say to
you is there is no way to put a dollar value on what we do for those youngsters.
Mr. Plummer: I agree.
Mrs. Virrick: I know you don't want to listen to me orate but there is a
great deal of work that is put into that, two of my board members sit at the
ticket windows two Wednesday nights a month, I sit at one of the windows,
one of the board members takes care of the concession, none of those people
are paid, there is a great deal of service that is being given for which the
City does not have to pay. Now, if we could cut it down, we are already
working on schemes to cut it down. We won't give as good a service as we
could if we had a full quota of coaches, but we'll have to dismiss some of
the coaches. But my argument is that we play the numbers game and to me
one young man going into that gym for training gets a rating of 1. He may go
in 300 times a year, 6 times a week but to me the quality of the service we
give and the number of young people whose lives we turn around is much more
important than playing the numbers game.
Mr. Plummer: Well, maybe what you need to do is approach Herschel Walker
and see if he needs a tax write-off.
Mr. Gary: Commissioner Plummer, I think it is important to note that the
report which we have does it in terms of participant days as 142, but I
would like to refresh your memory as well as Mrs. Virrick's that her employee
or the persons working came in and conveyed to the Commission that they had
700 participants. I mean you know the numbers game clearly demonstrates
there's not 700 and that the numbers game has been played on the side. I
think it is also important to note too that this program services quite a
few people from out of the City of Miami which concerns me. Secondly, the
registration cards which she's talking about are those people who fill out
those cards to box in our gym are a lot of whom do not live in the City of
Miami.
Mr. Plummer: Mr. Gary, let me correct your statement. Mrs. Virrick said
there were under 700. Under 700, if she has 55 or 155 is a correct state-
ment, it is under 700 so she is not all wrong.
Mrs. Virrick If you count them once for coming in every day of the year
and once for coming in once there is where the difference in the numbers
game becomes.
Mr. Plummer: All right, Elizabeth, I think that what you realize here is
try to live within the 55 and if you just get.....
rt .07 FEB 2 41988
Mrs. Virrick: Let me say to you we have never lived within the $55,000.
When we had our antique shows in Dinner Key we were able to absorb the loss.
The last four months we were denied our dates in the auditorium and we have
not had that income and that is why we're in this fix. It was the antique
shows that bailed out all the lack of money in the boxing and we don't have
it for the last four months and we won't.have it until April.
Mr. Plummer: So be it. She's going to live within the $55,000.
Mayor Ferre: Do we need a motion to that effectl
Mr. Plummer: No► that is in effect.
S. BRIEF DISCUSSION AND DEFERRAL, OF CONSIDEPATION-CHANGE OF ZONING
CLASSIFICATION 3251 SOUTH MIAMI AVEIJUE AND 50 S.W. 32 :tOAD
FRO14 R-1 TO Gu.
Mayor Ferre: All right, take up Item 3.
Mr. Gary: Mr. Mayor, I recommend that this item be continued.
Mayor Ferre: You want Item 3 continued?
Mr. Gary: Yes, sir.
Mr. Plummer: Never argue with that. What is the reason?
Theupon the foregoing motion to continue, introduced by Commissioner
Plummer and seconded by Commissioner Dawkins was passed and adopted by the
following vote -
AYES: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez
Commissioner Joe Carollo
NOTE FOR THE RECOMi Agenda items 4, Be 6, 7, 9, 90 10, 11, 12, 13,
14 were deferred for the meeting of 3/24/83.
NOTE FOR THE RECORD: On Items 7, 8, 10, 11, 12, 13, 14 - these were continued
because the Planning Department was not in receipt of a letter from the affected
parties stating that they did not object to the Historic Preservation designa-
tion...Continued to next zoning meeting.
. .08 FEB 2 4 19&3
r3
U
6. BRIEF DISCUSSION AND DEFERnAL OF CONSIDERATION OF ADDING HC-2
RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT TO THD
LIST OF ZONING DISTRICTS FOLLOWING HC-1.
Mayor Ferre: Now we have item 15. Go ahead.
Ms. Joyce Meyers: Item 15 is the second type of HC Zoning Overlay District.
The one we have applied up to now was HC-1 which had one requirement which was
Mr. Gary: Mr. Mayor, a procedural issue: The continuance of all these items
for the record, is until the next Zoning Meeting.
Mayor Ferre: That's correct.
Mr. Plummer: No, sir. The continuance is only at the next meeting if you
have letters or a personal appearance. If you don't have either it is con-
tinued until such time that you do.
Mayor Ferre: The question is is it going to continue to the next regular ses-
sion or to the next Zoning Session.
Mr. Plummer: The Regular Zoning, this is a zoning matter.
Mayor Ferre: And the answer is the next zoning session provided you have got
the proper representation or a letter that so states. Okay? We're now on
Item 15. Go ahead, please.
Ms. Meyers: HC-1 was an overlay district that had one real regulation and
that is that a Certificate of Appropriateness be issued by the Heritage Con-
servation Board for any alteration to the property. HC-2 has that requirement
with a Certificate of Appropriateness, but in addition, it modifies the under-
lying zoning district. Now, this is a basic part of the ordinance which we
adopted last year which provides for incentives for private property owners
to preserve historic properties, to make it economically feasible for them
to do that at their own expense rather than public moneys having to be spent
to do this. In the case of HC-2, the primary incentive is to allow a change
of use from Residential to professional offices and some limited retail, sell-
ing of Historic Preservation related items. This would be applied only in
areas where it is compatible with the surroundings to have this change of
use. It would not be applied where it was not considered to be compatible.
The HC-2 Overlay also permits a reduction in parking. The reason for that is
many times on a historic site.4there isn't room for parking. This could only
be done where it was considered to be compatible with the neighborhood where
it would not cause a major problem.
Mr. Dawkins: When you say up to 100% reduction in Off -Street Parking, where
will people park?
Ms. Meyers: If it is determined that there is sufficient parking space
available in the surrounding area, then they would be allowed that decrease
in parking. If it was determined that it would be a burden on the surround-
ings then they would not be permitted the reduction in parking. This is
evaluated on a case by case basis.
Mr. Dawkins: Thank you.
Ms. Meyers: That 100% reduction would primarily be in the case of a single
family residence where we're talking about one or two parking spaces anyway.
I can't foresee it being applied for a major number of parking spaces.
Finally, sometimes historic buildings are located on a property such that
they do not meet the setback requirements or an addition to the building
could not meet a setback requirement, thus, a 20% modification maximum could
be allowed for the setbacks, the height, the minimum lot area, the yards and
the landscaping. Now, this is an overlay zone that would be applied where
appropriate and after it was applied nothing could be done without having
the plans approved for the site.
Mr. Dawkins: I would like to defer this because I'm going to vote against
it and I wouldn't want to be the one to kill it and we don't have the three
votes.
.09
rt
FES 2 41983
Mayor Ferre: There is a motion that Item 15 be deferred. Is there a second?
Mr. Plummer: I'll second it for purposes of discussion. I share the concerns
of Commissioner Dawkins in reference to the parking, 100% reduction. That is
not a reduction, that's an absolute. I would like to ask the question, this
Certificate of Appropriateness is issued by who?
Ms. Meyers: The Heritage Conservation Board.
Mr. Plummer: And who appoints them?
Ms. Meyers: You do.
Mr. Plummer: And they are with portfolio? I mean they have the right to dis-
approve?
Ms. Meyers: Yes.
Mr. Plummer: Okay, if they disapprove it does not bind the hands of this
Commission to overrule, is that correct?
Ms. Meyers: That's correct, there is an appeal procedure.
Mr. Plummer: But it's not, when you say an appeal procedure, it is not going
to absolutely be used as a vehicle to slow processes down.
Ms. Meyers:
No.
Mr. Plummer:
Okay. That would be 15 and 16.
Mayor Ferre:
16 is tied to
15, isn't it?
Ms. Meyers:
15 and 16 are
companion items.
Mayor Ferre:
All right, so
the motion is for a continuance of Items 15 and 16.
Speak.
Ms. Meyers:
Is there going
to be a full Commission later this afternoon? Per-
haps we could hear it again
then?
Mayor Ferre:
I don't know,
I wish I knew.
Mr. Plummer:
When did she
start playing politics?
Ms. Meyers:
The applicant
on Items 17 and 18, those are also related to this
and it would
be impossible
to move forward on 17 and 18 without 15 and 16.
Mayor Ferre: Well, then let me ask you a question, Madame City Attorney.
When the quorum is three which is what we have here, does a 2 to 1 vote con-
stitute passage? You have to have 3.
Ms. Lucia Allen: No, it requires an affirmative vote of 3 members.
Mayor Ferre: So, see, what Commissioner Dawkins is telling you is that you
don't have three votes here and he is being nice to you.
Ms. Meyers: I would like the continuance.
Mayor Ferre: Well, I thought you would.
Mr. Plummer: But you're saying until this afternoon.
Ms. Meyers: I asked if it could be done until this afternoon, if not, then
I'll take it to the next meeting.
Mayor Ferre: I've got no problems with that if he doesn't.
Mr. Gary: We request that it be continued to the next meeting.
Mayor Ferre: There is a motion that this item be continued to the next
meeting. It has been seconded. Further discussion on 15 and 16? Now, Joe,
where does that leave you? What happens now to Gesu.
Ms. Meyers: That is not related, you can go forward with Gesu. The Ayares
House was related to this item.
rt lu FEB 2 41983
Mayor Ferre: Further discussion? Call the roll.
The preceding motion introduced by Commissioner Dawkins and seconded
by Commissioner Plummer was passed and adopted by the following vote -
AYES: Com. Dawkins
Vice -Mayor Plummer
Mayor Ferre
NOES: None.
ABSENT: Com. Perez
Com. Carollo
NOTE FOR THE RECORD: Agenda items 17 and 18 were de:`erred.
7. FIRST READING ORDINANCE: APPLY PROPOS"_D HC-1
GENERAL USE HERITAGE CONSERVATION OVEnLAY DIS'^^ICT
TO PROPERTY LOCATED 118-170 N.E. 2 STREET, GESU
CHURCH RECTORY AND SCHOOL.
Mr. Plummer: Item 19.
Ms. Meyers: Item 19 is the Gesu School. The applicant is here and I would
like to make a statement after he is finished.
Mr. Joseph M. Fitzgerald: Thank you, Good morning, gentlemen. My name is
Joseph M. Fitzgerald, I'm here as the attorney for the Archdiocese in Miami
of which the Gesu School, Rectory and common are part. We have no objection
with including this within the HC-1 designation. I can advise you that the
Archdiocese is meeting with developers and there are two or three who are
very serious in their proposals. The Archdiocese has given consideration to
using the school as a law school for Biscayne College with the further develop-
ment of property but all within the framework of the proposals being made by
to developers. We anticipate that a final decision will be made by the Arch-
diocese sometime early in March. The only thing that f want to have the
record show is that in the event the archdiocese should decide that they do
not want to restore the building that they will have leave to demolish it
without further delay. We have been doing this for some time and all of the
boards previous to this have agreed that if we cannot work out a solution for
redevelopment that there would be no objection to demolishing it. However,
we do not anticipate demolishing the building, I only raise that.
Mr. Plummer: Joe, you'd better understand, Joyce, what is, in fact, the
total amount of time once an application to demolish is placed that they can,
in fact, be delayed?
Ms. Meyers: They have already had that hearing by the Heritage Conservation
Board back in December. The board imposed a 60 day delay. Now that was not
the maximum that they could have used which was 6 months but 60 days was all
that was necessary and that is what the board chose to do. That 60 days has
already ran out and they are free at any time to tear down the building with-
out further delay.
Mr. Plummer: Okay, I just want you to understand that if they wanted they
could hold you six months.
Mr. Fitzgerald: We think that they will keep their word.
Mr. Plummer: Let me tell you one other safety that you have. This is an
ordinance, it is on first reading, the second reading will not be until
the 24th of March so it doesn't become effective even for 30 days after that
so you would have the right to come back on the 24th of March and object or
ask it be withdrawn. You have that safeguard.
Mr. Dawkins: I have two questions, please. (1) I just want to be sure I
understand, are you saying that if a buyer comes by with the proper amount of
money you're going to destroy the building but if a buyer does not come back
with the proper amount of money you will not destroy the building?
Mr. Fitzgerald: What I'm saying is that the Archdiocese will have to do what
they consider to be best in the interest of the church and the people and for
.11
FEB 2 41983
o
the use of the property. If the development that is being proposed by
one or more of the groups is a feasible one the Archdiocese will enter
into a redevelopment program for the restoration program. If it is not
in the best interest of the Archdiocese then they will seek to demolish
the building and develop the property themselves.
Mr. Dawkins: Okay. Secondly, in the event that you do put a law school
down there would you do it within the present structure or build a new
structure?
Mr. Fitzgerald: Yes, if a law school is built there the law school would
encompass the present Gesu School. There is one development proposal being
considered that would provide for construction behind the present school
building and would cantilever out over it, it would not disturb the present
Gesu School.
Mr. Dawkins: Where would the students, faculty and visitors park who visit
the law school?
Mr. Fitzgerald: There is public parking immediately across the street.
Mr. Dawkins: That is now over -crowded.
Mr. Fitzgerald: Well, that is a possibility but there will be public trans-
portation in the area by that time and we anticipate that the public trans-
portation will provide relief in that regard.
Mayor Ferre: Well, there is something else, Miller, that I think is import-
ant. The law.#the way we have it now is that the people who build in the
CBD (Central Business District) in downtown Miami have no legal obligation to
put up parking and, you know, we ought to change that law - which I've got
no problem with frankly because I don't think it really works - but in the
private sector when people put up buildings you don't have to put up parking
and the public sector tog because the Miami Dade Community College at the
New World Center, in fact, has no obligation to put up any parking, so you
know, I think it is a concern but legally I don't think we could use that as
a basis.
Mr. Dawkins: Thank you.
Mayor Ferre: What do you want to do?
Ms. Meyers: I just wanted to point out to the Commission that we think this
is an example of the way that the preservation ordinance is intended to work.
If it hadn't been for the ordinance the school would have been demolished 3
or 4 months ago. We found the developers for the archdiocese, they feel that
it will be in their best interest probably to go forward with the restoration
of the school and we're very pleased with the way it has worked so far.
Mayor Ferre: I want to also mirror those words and Joe, I want to thank you
personally because I know you have taken some personal interest for the
archbishop and I think this idea of a law school is a magnificent idea, I
hope it really works out and if there is anything for the City of Miami, and
I'm sure I speak for all of us, or I personally can do to assist in any way
I think it is just a very big step forward for this community to bring the
downtown area these type of facilities. I think it is just great and any way
we can help please count on us.
Mr. Fitzgerald: Thank you, your honor, and I will convey that message to
the archbishop and to Father O'Neil of the law school.
Mayor Ferre: And by the way, are we ready to vote? I need to talk to you
publicly on something also. Are we ready to vote? Do you want to make the
motion?
Mr. Plummer: Mr. Mayor, I'll make the motion, I want to put on the record
that I am a member of Gesu Church and I was baptised in Gesu I was married
in Gesu and by all that is holy I will be buried out of Gesu and the only
renumeration that I might receive in behalf of voting for this is spiritual.
Mayor Ferre: And there is some question about that too.
Mr. Plummer: Mr. Mayor, I don't have the problem when you call "Dial a
Prayer" of getting a busy signal.
rt .12 FEB 2 41983
U
Mr. Plummer: Question for clarification. Joe, you spoke primarily to
the school. The ordinance encompasses the church, the rectory and the
school.
Mr. Fitzgerald: We have no problem with the church or the rectory because
they will not be demolished.
Mayor Ferre: Well, he was just worried about that.
Mr. Fitzgerald: Maybe at some future time the rectory may be, you know
it is a pretty bad building.
Mr. Plummer: Yes, the termites will unfold their arms and the building
will fall.
Me. Fitzgerald: So we may have to ask for leave to demolish that but that
is not in the foreseeable future.
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 CON-
SERVATION OVERLAY DISTRICT TO THE "GESU CHURCH, RECTORY
AND SCHOOL," BEING APPROXIMATELY 128-170 NORTHEAST 2ND
STREET, (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 Plummer and seconded by Commissioner Dawkins
and passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez
Commissioner Joe Carollo
.13
FEB 2 41983
0
8. FI.RST READING ORDINANCE: ADD PROPOSED HC-1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DIS'T"_2ICT TO THE NEW OFFICIAL ZONING ATLAS
OF ZONING ORDINANCE 9500 GFSU CHURCH '•RECTORY AND SCHOOL.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500 (EFFECTIVE MAY 1,
1983), THE NEW ZONING ORDINANCE FOR THE, CITY OF MIAMI,
FLORIDA, BY APPLYING THE HC-1 GENERAL USE HERITAGE CON-
SERVATION OVERLAY DISTRICT TO THE "GESU CHURCH, RECTORY AND
SCHOOL," BEING APPROXIMATELY 118-170 NORTHEAST 2ND 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 REPEAL-
ING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN
CONFLICT AND CONTAINING A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins
and passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez
Commissioner Joe Carollo
9. DISCUSSION ITEM: POSSIBLE BLESSING OF THE OPENING CEIMIONIES
OF THE MIAMI GRAND PRIX RACE BY THE ARCHBISHOP OF 11=41.
Mayor Ferre: Joe, we have the Grand Prix starting on Saturday. I have been
talking to Father Connolly who is sitting home with a broken foot, as you
know, and had nothing else better to do but to think up of these things and
he called me and he said that the Archbishop, perhaps it would be a nice ges-
ture for him to bless, to be at the opening of the Grand Prix with his bless-
ing. I've got mixed feelings on that because with the problems that Miami is
havingii'm not too sure that's the kind of presence that the Archbishop should
be at. on the other hand, I think Father Connolly is correct that it is a
positive thing, it is something that everybody is going to be a part of, black
and white, Spanish and English speaking and so on, it is a real upbeat thing
in the City and the community and that perhaps the Archbishop should be present.
Mr. Fitzgerald: Well, I'm sure that as a sport event it wouldn't be any dif-
ferent than going to the Dolphins, he opens the proceedings there frequently.
Mayor Ferro: Well, in thinking it over in the last 24 hours my first reaction
was that perhaps it wouldn't be such a good idea but in thinking it over I
think Father Connolly is correct. But I didn't want to extend this invitation
without doing it officially with the concurrence of the members of the Commis-
sion.
Mr. Fitzgerald; I think it is an event that you might well ask him to parti-
cipate in.
Mr. Plummer: Mr. Mayor, I concur with your thought but I don't think it is
us, the Commission, who are making the decision. I think that Father Connolly
ought to call Mr. Sanchez who is the promoter.
rt .14 FE8 2 41988
Mayor Ferre: Yes, but you know that it isn't us. But on the other hand, it
is in the City of Miami. I don't think that there would be any problem.
I really think that the same courtesy ought to be extended to somebody in
the Protestant Church and perhaps the....
Mr. Plummer: I'm thinking more of a problem of scheduling any kind of
ceremonies that they might have that Mr. Sanchez does not know about.
Mayor Ferre: I didn't want to call the Archbishop unless one, it made sense;
and two, I had your concurrence. Then, if the Archbishop 'eels it is
appropriate, then I will call Mr. Sanchez.
Mr. Fitzgerald: I don't see that there would be anything improper about
it. In fact, the only thing that would deter him would be some previous
engagement. But I want to tell you, your Honor, I'm relieved. I thought
you were going to ask me to enter the race.
Mayor Ferre: Good to see you, Joe.
10. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE NO. 9500
REVISE ARTICLE 15 SEC. 1523 TO PEP14IT UP TO TWO RETORTS IN
MORTUARIES OR FUNERAL HOMES.
Mayor Ferre: We are on item number 21 now.
Mr. Plummer: Mr. Mayor, I don't know where I'm at on 21. Without me you
can't vote.
Mayor Ferre: Well, some people say yours is really not a funeral home. It's
a drive through.
Mr. Plummer: That is true. I do have the only drive in funeral home in
Miami. Mr. Mayor, to the City Attorney, I do not presently nor do I
contemplate in the future having a crematory in conjunction with my funeral
home, but in no way do I feel that I would want to preclude in the future
my having the right to making an application if I so desire. So you tell
me which way to go and I will govern myself accordingly.
Ms. Lucia Allen: There is no question but that you can vote on this item,
regardless of whether or not you are going to have one in the future.
Mr. Plummer: O.R., fine.
Mayor Ferre: I think the point also is that this comes with the approval
from the department. It also has the unanimous approval of the Planning
Board.
Mr. Richard Whipple: Also, Mr. Mayor, this is a clean up ordinance. We
approved it previously for the existing ordinance. This is to include it
into the new 9500 ordinance.
Mayor Ferre: I know that we are sensitive these days to controversial items,
but God knows this is the least controversial item I have seen here in a long
time.
Mr. Whipple: Just remember the Planning Department recommended it.
Mayor Ferre: All right, Dr. Theede.
$1 - .15
FEB 2 41983
6
0
sl
Dr. Jane Theede: Dr. Jane Theede, 150 S.W. 7 Street. I would like to ask
the Planning Department why you are restricting this solely to funeral
homes because the veterinary hospitals in our area need a cremation
service that we do not have. We are seeing a lot of unfavorable publicity
with hospital waste that are being improperly disposed. If these retorts
were available to the hospitals, then we would not have this problem.
Mr. Plummer: I can answer to one extent. Your problem with having these
retorts available through a hospital is the environmental issue which this
Commission went through about four or five months ago as a retort, an
incinerator. It was in relation to infectious materials that a number
of hospitals had been caught burning infectious materials in their retorts.
In fact it was creating a problem. This Commission went back and forth
with the envirommnetal boards. One hospital, as I recall Jackson, wanted
to put one in. All of the rest of the hospitals said, "If you are going
to allow them to do it, you have to allow us." Then there was an agreement
ironed out to where only one would have the infectious materials because
at the present time, doctor, the only place legal that infectious materials
can be burned is in Orlando. They were having to package everything and send
it up there. In relationship to veterinarians, I don't see any problem there.
Mr. Whipple, you can speak to that.
Mr. Whipple: Your remarks were quite on point. The incineration of the waste
in relation to the hospitals and things like that is a separate type item and
not encompassed by this approach.
Mayor Ferre: Fine, would you meet with Dr. Theede and come back and report
directly to the Commission to find any....
Mr. Whipple: May I suggest that if there is in fact a need from the
veterinary end, I think we should look at that. We can come back and
process an amendment that would be directly related to that use. It
is not necessary to hold this one up.
Mayor Ferre: She is telling you there is.
Mr. Plummer: That is what the Mayor is telling you.
Mayor Ferre: Thank you sir, is there a motion on item 21?
Mr. Plummer: Mr. Dawkins moves it and I second it.
Mayor Ferre: It has been moved by Dawkins and seconded by Plummer. Further
discussion? Read the ordinance. Call the roll.
.16
FEB 2 419B3
U
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING ORDINANCE NO. 9500 (EFFECTIVE
MAY 1, 1983), THE NEW ZONING ORDINANCE FOR THE CITY
OF MIAMI, FLORIDA, BY ADDING A NEW PARAGRAPH 6 TO
SUBSECTION 1523.2 OF SECTION 1523 OF ARTICLE 15,
ENTITLED "SPI: SPECIAL PUBLIC INTEREST DISTRICTS;"
AND DELETING PARAGRAPH 4 UNDER THE "PRINCIPAL USES
AND STRUCTURES COLUMN;" CR-2 COMMERCIAL -RESIDENTIAL
(COMMUNITY): PERMITTED GENERALLY, AND INSERTING A
NEW PARAGRAPH 4 IN LIEU THEREOF; (PERMITTING TWO
RETORTS AS AN ACCESSORY USE TO A MORTUARY OR FUNERAL
HOME) ON SHEET THREE (3) OF THE OFFICIAL SCHEDULE OF
DISTRICT REGULATIONS MADE A PART OF SAID ORDINANCE
NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 320, THEREOF: 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
Plummer and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
NOTE FOR THE -RECORD: Agenda item 23 was continued to meeting of 3-24-83.
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11. DISCUSSION AND DEFERRAL OF CONSIDERATION OF APPLICATION FOR ONE
YEAR EXTENSION OF CONDITIONAL USE SEVEN STORY APARTMENT BUILDING
703 N.E. 63 STREET.
Mayor Ferre: Item 24, is the applicant here? You have heard the statement.
I don't need to repeat it. Do you want this thing continued or do you want
to have it heard now? Your case is a little bit different, because the
department recommended approval and the Zoning Board passed it unanimously.
Mr. Plummer: The only question I have is, why haven't you done anything in
a year? On the record your name and address for whomever is going to speak.
Mr. Robert Fisher: My name is Robert Fisher. My address is 680 N.E. 64th
Street, Miami. We received our approval in September. Immediately we
started working drawings. in January we filed for a permit. Right
now our plans are being processed. The six months run out in March. That
is why we are filing. But the plans right now are in the Building Department
being processed. We had some easement problems, which we believe have been
corrected.
Mr. Plummer: I move that it be granted.
sl '�b"
FEB 2 41933
Mr. Dawkins: Hold it, Hold it! No, no!
Mr. Plummer: Oh, I'm sorry.
Mr. Dawkins: Let me see your drawings there, please. How many units do
you already have there?
INAUDIBLE RESPONSE
Mayor Ferre: That is right around the bay, right?
Mr. Dawkins: Right on the bay.
Mr. Plummer: Banyon Bay.
Mr. Phil Ward: My name is Phil Ward. My address is 11822 West Dixie
Highway. We have three existing buildings.
Mr. Dawkins: How many units in the three existing buildings?
Mr. Ward: There are two with 85 and one with 84, 269 units.
Mr. Dawkins: 269 units, and you are going to add how many units here?
Mr. Ward: That is a 60 unit building, sir.
Mr. Dawkins: Where are these cars going to park? I was over there this
morning. All the sites you showed me this morning were full of cars.
INAUDIBLE RESPONSE.
Mr. Dawkins: This over there is vacant land.
INAUDIBLE RESPONSE.
Mr. Ward: Right here is a house. This is not vacant land. We are adding....
Mr. Dawkins: A house? Not a house, but a house with some units.
Mr. Ward: Exactly.
Mr. Dawkins: How many units in that?
Mr. Ward: Four, but they are going. That is for parking. Here there
are two houses which are going. All that is becoming parking.
Mr. Dawkins: When you come hack before me I want to see parking spaces
for what you have. Because according to your plan, you are going to build
this up one story so that you can have parking under that. That is all
the additional parking which you are going to have and you are adding
80 units.
Mr. Ward: Oh, no. Existing parking is 440 spaces. We are adding 93,
which is 533.
Mr. Dawkins: Then that is O.K. Then I will go back, Mr. Plummer, go
ahead. Go ahead, I can go out there.
Mayor Ferre: No, this is not first reading. This is it.
Mr. Plummer: We move to continue this application.
Mayor Ferre: If we vote now this is it. Do you want to see it again?
Mr. Ward: Could I say something, Mr. Mayor?
Mayor Ferre: Yes, go ahead.
Mr. Ward: The site as it is today does not conform to the current codes.
We are incorporating additional lands in confuction with this building.
1$ FES 2 41933
sl
Mr. Ward (CON'T): As a result of that, it will in fact. We are upgrading the
entire site. So there will be sufficient parking on the entire site. When
we came through on this request back in the fall, we were asking for the
conditional use. There was a charter amendment that was involved that
concerned the side set -backs as they pertained to the existing structures.
What we had agreed to do was we were landscaping the shorline of Legion
Park as a public benefit for the granting of the charter amendment. But
we believe the site, when it is completed, with the incorporation of
additional lands, (we don't believe, we know) it will conform with all
zoning requirements. We requested no variances when we came through on
this other than a charter amendment and the conditional use itself.
Mr. Dawkins: O.K., I second.
Mayor Ferre: Further discussion on item 25? Call the roll.
Mr. Plummer: It is a continuation of this application for more information.
Mayor Ferre: No, no, no.
Mr. Plummer: Yes, yes, yes.
Mayor Ferre: Was that your motion?
Mr. Plummer: Yes, Miller wants to go back and look at it.
Mayor Ferre: He just told you....
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Did I not hear you, Mr. Miller, say that you wanted to go
back out and look at it?
Mayor Ferre: That was five minutes ago.
Mr. Dawkins: But after he explained I said it was O.K.
Mr. Plummer: Excuse me, you were -the one raising the question. If you
pass this today, I don't want you to come back here next month and say,
"Oh, no, no, the proper way to do it is to continue. You go look at it
and bring it back next month. You have no problems. We pass it."
Mr. Dawkins: O.K., continue it.
Mayor Ferre: You want to continue it?
Mr. Dawkins: Yes, coninue it.
Mr. Ward: Our six months will expire....
Mr. Plummer: No, no, you are held in abeyance. You are covered. It is
in continuance. It is not denied.
Mayor Ferre: There is a motion to continue item 24. Call the roll.
THEREUPON AGENDA ITEM 24 WAS CONTINUED TO THE MEETING
OF MARCH 24, 1983.
NOTE FOR THE RECORD: Agenda item 25 was continued to the meeting of 3-24-83.
NOTE FOR THE RECORD: Agenda item 26 was taken up later same meeting.
See label 24.
NOTE FOR THE RECORD: Agenda item 27 was deferred until the meeting of 3-24-83.
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FEB 2 41983
0
12. ACCEPT PLAT "MIAMI FASHION CENTER SECTION 1".
Mayor Ferre: Take up item 28, which is a plat. Is there a motion on that?
Mr. Plummer: Move it.
Mayor Ferre: Moved and seconded. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 83-155
A RESOLUTION ACCEPTING THE PLAT ENTITLED MIAMI FASHION
CENTER SECTION 1, A SUBDIVISION IN THE CITY OF MIAMI;
AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
13. ACCEPT PLAT "GROVE SQUARE".
Mayor Ferre: Take up item 29, which is another plat. Moved by....
Mr. Dawkins: Dawkins.
Mayor Ferre: Second by Plummer. Further discussion? This is Grove
Square. Call the roll.
el 20 FEB 2 41983
M
(01
The following resolution was introduced by Commissioner Dawkins,
who moved its adoption:
RESOLUTION NO. 83-156
A RESOLUTION ACCEPTING THE PLAT ENTITLED GROVE SQUARE
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 herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
14. DISCUSSION ITE14 AND DEFERRAL OF AGENDA ITEMS NUMBER 30 AND 31
CONCERNING APPOINTMENTS TO THE CITY OF MIAMI ZONING AND PLANNING
ADVISORY BOARDS. ,
Mayor Ferre: Is there a motion that items 30 and 31 be continued?
Mr. Plummer: So move.
Mr. Dawkins: 30 and 31?
Mayor Ferre: Yes, appointments to the Zoning and PLanning.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Gary: Mr. Mayor, I know we had some discussions about this item, but
I would like to let you know of the consequences of it just so you are
aware.. We only have now about five board members. What is happening is
we bas cally are having problems getting items passed. People are taking
the option of not proceding with their plans because they don't have a
full board.
Mayor Ferre: I tell you what. I think there are some that are totally
noncontroversial. I think we can appoint one or two of these right now
that are noncontroversial.
Mr. Plummer: There is no such thing.
Mayor Ferre: There is a Black member in zoning. I am now on item 30, right?
In my opinion I don't think there is any problem with the reappointment of....
Mr. Dawkins: William Perry. I move that William Perry be reappointed.
Mayor Ferre: Do you have any problems with that, Plummer?
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FEB 2 41983
Mr. Plummer: What is the other one?
Mayor Ferre: Well,. the other one, I think...that is the only one.
Mr. Dawkins: That is the only one.
Mayor Ferre: That I can think of that is noncontroversial.
Mr. Plummer: Is Billy Freixas controversial?
Mayor Ferre: I think we can move O.C. Moran up from an alternate.
Mr. Dawkins: O.C. Moran?
Mayor Ferre: O.C. Moran is today an alternate. What we have done
traditionally is we move the alternates up to the permanent positions.
That, I think, is noncontroversial. I mean this is something we have
always done in the past. If we can move Moran up from....
Mr. Dawkins: We'd better wait. Let's just kill the whole thing until
next time.
Mayor Ferre: There is a motion that we defer items 30 and 31.
Mr. Dawkins: Until we have a full Commission.
Mayor Ferre: I don't have any problems with moving on the noncontroversial.
Mr. Plummer: Mr. Mayor, I guess that I have been around a little bit too
long that I don't want it piece meal.
Mayor Ferre: All right, there is a motion that items 30 and 31 be
deferred until the March meeting. Further discussion? Moved by Plummer
seconded by....
Mr. Dawkins: Second.
Mayor Ferre: .... Dawkins...further? Continue, continue! Call the roll.
THEREUPON motion duly made and seconded the Commission
voted unanimously to continue items 30 and 31 on the
agenda to the meeting of March 24, 1983.
15. AUTHORIZE CITY MANAGER TO EXECUTE CONTRACT WITH DR. ERNEST R.
BARTLEY, FREDERICK H. BAIR, JR., AND ROBERT M. LEARY ADMINISTRATI
CONSULTANT SERVICES NEW ZONING ORDINANCE NO. 9500.;
Mayor Ferre: Authorizing the Manager to (32) execute a contract....
Mr. Plummer: Move.
Mayor Ferre: ....with Dr. Bartley and so on. Moved by Plummer. Is there
a second?
Mr. Dawkins: Second.
Mayor Ferre: Second by Dawkins. Further discussion? Call the roll.
al
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FES 2 41983
W
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 83-157
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT WITH DR. ERNEST R. BARTLEY, FREDERICK H.
BAIR, JR. AND ROBERT M. LEARY IN THE AMOUNT OF $40,000
FOR CONSULTANT SERVICES IN ASSISTING THE ADMINISTRATIVE
IMPLEMENTATION ON NEW ZONING ORDINANCE 9500, WITH FUNDS
ALLOCATED THEREFOR FROM SPECIAL PROGRAM AND ACCOUNTS.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
16. DISCUSSION ITEM: PLANNING DEPARTMENT RESPONSE TO COMMISSION
MOTION IN REFERENCE TO THE REZONING OF S.W. 28th TERRACE.
Mayor Ferre: Item 33 is the last thing in the morning session. We just
voted on 32.
Mr. Plummer: What's the problem with that? We voted on 33 before and
I just want to know that the problem is.
Mr. Jack Luft: There is no problem. The department is prepared to move
on a department sponsored rezoning of the south side of 28th Terrace.
Mr. Plummer: We so instructed you. What is it doing?
Mr. Luft: You asked us to study the issue at the last meeting.
Mr. Plummer: It says here discussion, not for information.
Mr. Luft: You asked us to study and we are saying we studied it and
we are going to proceed with it, and we are just informing you.
Mr. -Plummer: I appreciate it.
Mayor Ferre: This is informative in nature?
Mr. Gary: Exactly.
sl 23 FEB 2 41983
f
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17. ALLOCATE AN AMOUNT NOT TO EXCEED $12,500 WITH OTHER GOVERNMENTAL
AGENCIES FOR RED CROSS DISTRIBUTION OF CHEESE TO THE NEEDY.
Mr. Plummer: Let me just ask one quick question on this thing about the
Red Cross and the distribution of the cheese.
Mayor Ferre: Take it up first thing in the afternoon.
Mr. Plummer: All right, so they know.
Mayor Ferre: Are the Red Cross people here?
Mr. Plummer: The representative is here, yes.
Mayor Ferre: Do you want to make the motion, Plummer?
Mr. Plummer: I want to make a motion that this City join with the County
and others in providing $12,500 so they can make this distribution.
Mayor Ferre: Is there a second? Dawkins seconds. Mr. Manager, does
this have your approval?
Mr. Plummer: If the biggest rat doesn't distribute the cheese, I want to
tell you where we are going to dump it.
Mr. Gary: For the sake of not being anti -some people; if that includes all
the people in this community, yes.
Mr. Plummer: We thank the head -cheese.
Mayor Ferre: Did you get that message?
Unidentified Speaker: I don't know, Mr. Manager, if you looked at the
distribution sites that we have had. They have been throughout the whole
county. We continue to do so.
Mayor Ferre: Don't forget that there Black folks that need the Red Cross too.
Unidentified Speaker: I don't think we have ever forgotten it.
Mayor Ferre: Further discussion? Call the roll on the request. This is
an official request by Mr. Ben Benjamin, on the record, for $12,500. It
has the recommendation in a memorandum of February 18th by Mr. Albert H.
Howard. It is recommended by the City Manager. Further discussion? Call
the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 83-158
A RESOLUTION AUTHORIZING THE ALLOCATION OF $129500
FROM THE CITYWIDE CONTINGENT FUND TO THE DADE COUNTY
CHAPTER OF THE AMERICAN RED CROSS FOR FINANCIAL ASSIST-
ANCE IN SUPPORT OF THE EMERGENCY FOOD DISTRIBUTION
PROGRAM CONTINGENT UPON APPROVED FUNDING BY METROPOLITAN
DADE COUNTY IN THE AMOUNT OF $30,000 AND THE UNITED WAY
OF DADE COUNTY IN THE AMOUNT OF $12,500.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
s1 4 FEB 2 419B3
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
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NOTE FOR THE RECORD: A presentation was made to Assistant City Attorney,
Lucia Allen.
------------------------------------------------------------------------
THEREUPON, THE CITY COMMISSION WENT INTO
A RECESS AT: 12:20 P.M., RECONVENING AT: 2:15 P.M.
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT EXCEPT FOR: Commissioner Joe Carollo
and Commissioner Demetrio Perez, Jr.
18. PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS.
1. Presentation of a Key to Ms. Regine Choukroun, owner of "Regine's"
Clubs in Paris, New York and Miami.
2. Proclamation to Mr. Alphonso Beneby.
3. Commendation to Rev. Richard Barry.
4. Commendation to Police Officer Gary Green.
5. Commendation to Mr. Rod Petri.
6. Proclamation to Periodico E1 Mundo, presented to Mr. Alberto Gonzalez.
7. Commendation to Miami Falcons, presented to Mr. Cristobal Carreno.
8. Proclamation to F.I.U. Soccer Team Day, presented to Coach Karl
Krenser. ,
9. Proclamation to Little River Chamber of Commerce, presented to
Mr. Jerome Gleekel and Ms. Lauraine Duna-Glispin.
10. Presentation of a plaque to Mr. Isiah C. Kelly.
25
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FEB 2 419s3
19. AUTHORIZE MARCOS KHOLY TO REPRESENT VICE -MAYOR J.L. PLUMMER AT
THE INTERNATIONAL SISTER CITY MEETING IN WASHINGTON, D.C.
Mr. Plummer: Mr. Mayor, I have asked Mr. Marcos Kholy to represent me at
the Sister City International meeting in Washington since I will be unable
to attend. I would want the approval of this Commission as they would if
I went, to appoint him as the voting delegate and approve the expenses. I
SO move.
Mayor Ferre: O.K., is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Second by Miller Dawkins. Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 83-159
A MOTION AUTHORIZING MARCOS KHOLY TO REPRESENT VICE
MAYOR J.L. PLUMMER AS THE CITY OF MIAMI VOTING DELEGATE
TO THE INTERNATIONAL SISTER CITY MEETING IN WASHINGTON,
D.C., DUE TO THE INABILITY OF VICE MAYOR J.L. PLUMMER
TO ATTEND SAME; FURTHER DIRECTING THE CITY MANAGER TO
AUTHORIZE ALL NECESSARY EXPENDITURES IN CONNECTION
THEREWITH.
Upon being seconded by Commissioner Dawkins, the notion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
20. DISCUSSION ITEM: ACCEPTANCE OF PLANS AND BLUEPRINTS AND
ISSUANCE OF BUILDING PERMITS CONCERNED WITH THE DELAY OF
IMPLEMENTATION OF ORDINANCE 9500.
Mr. Plummer: Mr. Gary, let me express to you a feeling. I know that we
have delayed the implementation of 9500. I have been approached and I
hope all of the Building Department in particulars... Is Chief Teems here2
Would you relate to him my thoughts? There is a great fear being expressed
by builders in this community that the original date of April 6th of
implementing 9500 for which a lot of developers have been waiting since
there will be some relaxation and liberalization of the zoning ordinances.
They are being told that their plans or blueprints are not going to be
accepted by the department until the first of April. Based on an implementation
of April 6th, that is a total of six days. It is my understanding that the
normal process between the time of submitting blueprints and plans and the
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FEB 24198
81
Mr. Plummer (CON'T): time that they get a building permit is 45 to 60 days.
That is going to leave us in a void of building going on in these particular
areas for a 60 day time period. I know we have moved it down to May lst for
implementation. It doesn't seem right to me where this was passed originally
back in September. Am I correct? It was in September. That we have to wait,
not we but the community who is vitally affected, the builders, to start implementing
these rules after we have had second reading. We know it is, in fact. It would
seem like to me if the normal processing time is 45 or whatever it is, that in
fact we would start accepting applications now. The concerned express is that
there will possibly be a 60 day delay between the time that the department will
start accepting applications, plans, and blueprints and the time the first permit
will be issued. They don't in any way wish to have this matter slowed down,
deferred; because it is to their advantage (the new laws). But they are concerned.
Mr. Gary, I would like a report back from you on the next meeting or even before
indicating what I have said here today is not really true and that we will start
accepting or we won't. But I think you see that the bind or the hiatus that
these people are expressing. I would want the department or the Administration
to address that fact. Because I don't think that any one of us sitting up here
want to see any delay or any holding back of jobs, of money, of construction in
this community. So I express that concern on behalf of a number of builders
who have contacted me.
Mayor Ferre: And me, so I subscribe to that.
Mr. Plummer: I would hope, I don't know what your rules and regulations are
in accepting blueprints and plans, but I would hope, Mr. Gary, that since
May first is now the new implementation date or the effective date, that
if you could start taking them like the first of March; at least that gives
you a 30 day lead in.
Mayor Ferre: I think there is some work being done on that. I understand
that there is going to be dry run period of processing and all that.
® 21. BRIEF DISCUSSION ITEM: POSSIBLE ADDITIONAL USES OF THE MIAMI
MARINE STADIUM.
Mr. Plummer: Mr. Gary, Mr. Stuart Sorg approached me. This Commission has
in fact asked him to try to put together some uses for the Marine Stadium
for possible revenue and things of that nature. Since he does not have the
time, he approached me last evening and asked was it possible that the City
could in fact advance them $400. They have an architect that will assist them
in doing some renderings. If you have no problems, Mr. Gary, I will move that
$400 be ....
Mayor Ferre: You don't have to do that. He has discretionary....
Mr. Plummer: It is done? Fine. Thank you, sir. If you would so notify
Mr. Sorg.
22. DISCUSSION AND DEFERRAL OF CONSIDERATION OF CONFIRMING AND
ORDERING RESOLUTION CONCERNING THE GRAND AVENUE SIDEWALK
IMPROVEMENT H-4483.
Mayor Perm, Let's get on with the afternoon agenda because it is almost
3:00. One is confirming ordering Resolution No. 83-81 and authorizing the
.27
FEB 2 41983
Mayor Ferre (CON'T): Clerk to advertise for sealed bids for the construction
of Grand Avenue sidewalk improvements H-4483. Is there anyone here who wishes
to speak to that issue?
Mr. Plummer: Mr. Mayor, I see Mr. Billy Rolle who was the one who was here
before. Billy Rolle, you were very vocal before. You are being quiet this
time. Does silence give concent?
Mayor Ferre: He won't be quiet for long.
Mr. Plummer: I'm sorry. I stand corrected.
Mayor Ferre: Go right ahead. This is a public hearing.
Ms. Melford Pinder: Melford Pinder, I am a property owner on Grand Avenue.
I have nothing in particular against sidewalks, but I have a strong dislike
for this particular project. There is no rational reason why this section
of the Grove should put in decorated sidewalks before first improving the
physical apearance of the buildings on the first. For years you have been
window dressing this area. You have had the Art Deco painting, delapidated
buildings. You put in a 30 foot sidewalk leading to nowhere, coming from
nowhere, millions of dollars later. This project is in the same category.
We are really not doing anything to improve the area. You are just
camouflaging the problems there. I ask this Commission, I challenge you
to plan a tangible, progressive, grandiose project for the Grove like you
have done in other areas of Dade County and the City of Miami for this
Black area and other Black areas of Dade County. We are always nit-picking
to get the scraps off the table. The group that I suppose one of the planners
met with yesterday didn't see fit to notify the property owners about the
meeting. But yet they are advocating, trying to push this particular project.
But none of them will be billed or taxed to pay for it. We have another list
of petitions here from the property owners, which is over, I'd say, 80% or
89% of the people who own property on Grand Avenue are against this project.
I have another list here of names. So I would ask you to defer this particular
project.
Mayor Ferre: Have you finished your statement?
Ms. Pinder: No I have not. I ask you to defer this project and to try
to get some other development going in the Grove, like trying to get some
loans from HUD for the Housing Department to try to get some redevelopment
or revitalization loans. Two years ago I applied to your Housing Department.
I have yet to hear from them. The loan was approved. Everything went through.
Then they said Reagan had cut the budget. The budget was reinstated, but I
have not heard from them yet. So have a lot of other people. I would think
that those who are pushing for this, if they are going to pay for it, fine.
But if they want it and you are asking me to pay for it, I don't think it is
fair.
Mr. Dawkins: May I ask a question, please, before you leave, Ma'am? The
individuals, I saw this when Mr. Rolle presented it last week....
Ms. Pinder: There is a second page that you did not have last week.
Mr. Dawkins: The people who live at 1900 N.W. 171 Street and the people
who live at 14901 and 11630 S.W. 138 Terrace and 18000 S.W. 105 Street
own property on Grand Avenue?
Mr. Pinder: Yes, yes.
Mr. Dawkins: That's all. Thank you.
Mayor Ferre: I might say to you, and I'm glad Mrs. Gibson is here. We
are always happy to see her. If any community has been favored in the
years that I've served here. I must admit it, thanks to Theodore Gibson,
God rest his soul. If any community has had more than its fair share on
a proportioned basis, it has to be the Grove. For you to come here to tell
us that you get the crumbs off the table is a total mistatement. That is
a total mistatement. Secondly, I would like to say (and I don't think this
a� .28
FEB 2 41983
Mayor Ferre (CON'T): City is going°to assume the responsibility for the
Reagan Administration and HUD, which has absolutely nothing to do with the
City of Miami or Metropolitan Dade County, which is responsible for housin
in Miami, and not the City) I am not going to let the record reflect that
we let those two statements go unchallenged. The City of Miami has done
much, much more than its fair share in an area that we have no legal
responsibility for. We turned over our housing to Metro. You know that?
Years ago. We have no responsibility for housing at all. What we have
done is because we thought Metro was not.doing sufficient, we have gone
out and supplemented. But for somebody to come here and dump on us for
what we haven't done, I think is....
Ms. Pinder: You don't have a City housing section....?
Mayor Ferre: No, Ma'am! No, Ma'am!
Ms. Pinder: ....that deals with Federal funds with Gerard and that bunch?
Mayor Ferre: No, Ma'am. We have no responsiblity for housing.
Ms. Pinder: You do not make revitalization loans?
Mayor Ferre: We have set up a housing operation because the Commission
of Miami decided that not enough was being done in housing. But the
City of Miami legally and officially turned over every single thing in
housing to Metropolitan Dade County about ten years ago. We have no,
N-0, NONE, no responsibility for housing. Every time we do something in
housing, when Mr. Gereaux and others ... half of the time it is a violation
of the law. Did you know that?
Ms. Pinder: Who are Gereaux and those working for?
Mayor Ferre: I am telling you that every time we do something in housing,
we are violating the law. Do you know why? The only reason we don't get
called in it is because Metropolitan Dade County prefer to let us help them
do the job. But the fact is that any day that Metro wants to stop us from
doing anything in housing, they can totally stop us.
Ms. Pinder: Maybe you should talk to the guys in that particular office
because they said they worked for the City of Miami.
Mayor Ferre: They do work for the City of Miami. I am trying to explain
to you how it functions. The City of Miami turned over housing to Metro ten
year ago. About five or six years ago we created a department here to
deal with housing because we did not feel that Metro was doing enough.
Therefore, we wanted to supplement. The only reason we are getting away
with it is because Metro has not called our hand on it. The day Metro
calls our hand, there is no more City of Miami Housing Department. We
have no legal authority to do it. Some of us in this Commission warned
us not to get involved in housing when in effect... the same thing with
social programs. The City of Miami turned over all of its social programs
to Metropolitan Dade County. We have returned to the business because
we wanted to get back in the business, not because we have a legal obligation
to do it. Well, that has nothing to do with your petition. I think your
request is a reasonable request from your viewpoint. I just did not want
the record go unchallenged on that. Yes, sir, Billy, Mr. Rolle.
Mr. Billy Rolle: I'm Billy Rolle. I reside at 3430 William Avenue, Coco-
nut Grove. I am back again on the count. Mrs. Pinder raised the question.
On the last point, Mayor, you mentioned the housing rehabilitation. Item
27 this morning said something about rehabilitation. You just told Ms.
Pinder that you did not deal with that. I don't know whether you approved
that one or not this morning out of those six items.
Mayor Ferre: No, as a matter of fact, item 27 was ... Didn't we defer
that one? That was deferred. But look....
Mr. Rolle: But that was part of what you were saying.
sl .IGa7
FEB 2 41983
Mayor Ferre: Billy, look, we are involved in housing. We are involved in
rehabilitating neighborhoods. We are involved in social programs. The
only thing that concerns me is that people are always dumping on Miami for
what Miami is not doing. Then we get blamed for what the Reagan Administration
is not doing. We get blamed for the fact that the State does not do any
housing. This is one of the few big states that does zero in housing, none,
zip. California, Ohio, Illinois, Michigan, New Jersey all have housing
authorities. The State of Florida has zip. Metropolitan Dade County is
supposed to do all the housing in this community. I just get concerned
when people come here and dump on the City of Miami for not doing the right
thing in housing when we are not supposed to be doing anything in housing.
What we do, all I expect, really, is for somebody to say, "Thank you."
That's not what we ever get around here. We always say, "Yes, we know
you built 500 units. We know you rehabilitated 1,000. But we want
5,000." Nobody ever says, "Hey, we know you have no responsibility for
that. Thank you for what you did."
Mr. Rolle: I just want to say that the people who are trying to provide
a few houses, a little shelter for people. We get up here and we get
blasted for coming because of a brick sidewalk. I house 28 families
there. Ms. Pinder and those help people there too. We say why pass
the course on to these people for brick sidewalks when we have good,
solid, concrete sidewalks. We are still trying to say, for whom are
we doing it? I still say, it mentioned last time in the paper, all we
did for Coconut Grove. Mayor, I beg to differ with you. I don't see
itl I see Overtown, Liberty City because we had the outburst. Everybody
runs that way with the money. We are having a devil of a time keeping the
health clinic open. We have trouble in keeping anything going. We
developed a mini park that is nothing but a gambling and a dope situation,
a mini park on Elizabeth and Grand. We lost the fire college deal. We
get nothing from those things.
Mayor Ferre: Some people thought you won.
Mr. Rolle: Not for living in. So you tell us, O.K., sit down because
you have nothing to say because you are doing good. Ask some of the
people who ride through every day to see if they are doing good on Plaza
and Grand. It is filthy and it is dirty and it is stinking. We keep
saying we don't need that. You can take that money and put it on the park
and have those people develop teams like the Falcons did here. We have
nobody in the Grove throwing a baseball. So when you tell me what we
are doing, that park is lit every night with nobody on it. I pass by
that every night. Not we are just sour because we say there is something
else. You can't tell me we are doing what the Falcons are doing. We
don't have that kind of expertise, I guess in supervisors. But our
recreation thing is nill in Coconut Grove.
Mayor Ferre: The Falcons don't get any money from the City of Miami.
Mr. Rolle: I did not say. They got recognition because someone did that.
I did it for 30 years. But I am saying that we have nobody to play
baseball in the Grove. We take the money and put it on that, it would
be better than the sidewalks because we have adequate sidewalks to me.
If they are red and look good. I'm real and I am there every day. I
see what it is.
Mayor Ferre: Let us see what the Administration recommends on this.
Mr. Rolle: I still beg to you not to just say, to me this would come,
Howard, we did what the old Adage say,"shoot first and talk later." This
is what Jack did. He said "O.K., we will put them here first. Then they
started explaining as to the whys and to the cost." Thank you.
Mayor Ferre: I think we have another lady who wants to speak.
Ms. Esther Mae Armbruster: Good afternoon, my name is Ester Mae Armbruster.
I live at 3350 Charles Avenue. I agree with you, Mr. Mayor, when the lady
just said what Coconut Grove looked like, what we have not done. I just
want you all to know that we have (myself and a few others have been working
sl
.30
FES 2 41983
Ms. Armbruster (CON'T): for the past 20 years). Just because we use
our money wisely and we did not have all this fighting. We did what we
wanted to, what was needed to be done. They say first one thing, then
another. But we stated first with the sewers, the streets, then the
sidewalks, then we got housing. You, or whomever, have decided to put
the sidewalks in the 250, right? We have the understanding, so I think
what needs to be done at this point is somebody from here..come out. I
think Commissioner Dawkins will come out and get us straight once and for
all about the money and the sidewalks. We were told that if the money was
not used for the brick sidewalk, then it would go back into some kind of
fund and could not be used for anything else except the brick sidewalk.
I£ this is it, there should be some possibility of rechanneling that money,
because there are streets in Coconut Grove that are yet unpaved. So this
is what I want to know from you.
Mayor Ferre: Ms. Armbruster, I think what we ought to do --Mrs. Gibson.
Mrs. Thelma Gibson: I'm Thelma Gibson, a resident of Coconut Grove and
a part owner of property Grand Avenue. I cannot speak for the LDC because
I am in advisory capacity and not a member of that board. Dr. Simpson
was supposed to be here to speak. But the LDC held three public meetings,
at which time it was explained to all the citizens who bothered themselves
to come to the meetings what was to happen with that $250,000 for the
brick sidewalk from McDonald to Douglas Roads. At those three meetings we had
only two people say anything negative about the sidewalks. We had six
items that we agreed on that we would ask the Commission to approve. Mr.
Rolle was at the meeting. He was supposed to bring that to the Planning
Board. Mr. Rolle was supposed to be the person to speak at the Planning
Board when we first met and he did not show. It was presented. We asked
him to bring that to you. We are asking that you approve that because
we feel that we are responsible for helping to improve Coconut Grove and
Grand Avenue Plan. We ask that they give us two months, sixty days to
further study the Grand Avenue plan. I think that I speak for the community.
If you would look at the petition that you have before you, husbands and
wives signed as two different persons owning property, whereas it is one
person owning property. Mr. Baynes, who signed that petition said he did
not understand and once he understood, he did not want his name there.
We met last night. Mr. Murray, who signed the petition, said he is for
the sidewalks. He did not understand what was happening. When we met last
night, the consensus was that we wanted to go along with brick sidewalks for
Coconut Grove, Grand Avenue. Thank you.
Mayor Ferre: Thank you, Mrs. Gibson. Yes, Ms. Armbruster.
Ms. Armbruster: Once upon a time we had a very good meeting in the Organization
of Coconut Grove. We did not have all this fighting. Suddenly they all
are pulling apart. I would suggest that the LCD or the new other organization
sent out notices in the morning for a meeting at night because people have
other plans. I would suggest down here who knows what they are talking about
meet with the LCD, the CACD, the property owners, not just the business people
because there are home owners also on Grand Avenue.
Mayor Ferre: All right.
Ms. Armbruster: You send out notices first and notify these people. Give
them the correct information to begin with. Don't wait and pull this fast
thing and then think somebody is going to accept it just because the money
is there.
Mayor Ferre: There is a motion by Miller Dawkins that this item be
deferred until that occurs. Seconded. Further discussion? Call the
continuation of item 34.
Commissioner Joe Carollo entered meeting at 3:20 P.M.
THEREUPON MOTION DULY MADE AND SECONDED, THE CITY COMMISSION
UNANIMOUSLY AGREED THAT AGENDA ITEM 34 BE CONTINUED .
51 31 FEB 2 41963
9
23. DISCUSSION AND DEFERRAL OF CONSIDERATION OF THE CONTENTS OF
THE REQUEST FOR UNIFIED DEVELOPMENT PROJECT PROPOSALS ADJACENT
TO MIAMARINA TO BE KNOWN AS BAYSIDE.
Mayor Ferre: We are now on item number 35, which is Bayside, Mr. Manager.
Mr. Dawkins: Mr. Mayor, I request that Bayside be deferred until the
next meeting in that I do not know what Mr. Reid talked about with
Noguchi. I wish it to be deferred.
Mr. Carollo: Second.
Mayor Ferre: There is a motion on the floor for deferral of the Bayside.
Mr. Manager, do you want to say anything to this?
Mr. Reid: Mr. Mayor, we would be delighted to meet with the Commission,
if that is the wish of the Commission to defer the item. We were ready
to discuss it today and clarify questions, if that is also the will of
the Commission.
Mayor Ferre: Well, we have a motion on the floor and it has been seconded.
So, unless the Commission wants to listen to you, I don't have any problems
delaying it. If you tell me this is going to kill the project, then that
is something else.
Mr. Reid: It does not kill the project, Mayor.
Mayor Ferre: Well, then, that is the wish of the Commission. Unless he
changes his mind, we are ready to go. Mr. Manager?
.32
FEB 2 41983
Mr. Plummer: It is Miller time.
Mayor Ferre: All right, we have got a motion to delay.
Mr. Plummer: Since it is going to be delayed, that is rather obvious. Mr.
Reid, indirectly I was approached by a developer who indicates that he
would like to bid on this project as is without filling. I want you to keep
that in mind, okay?
Mr. Reid: Let me see if I can clarify this for the records. These fill-
ings...
Mr. Plummer: I am just telling you to keep it in mind.
Mr. Reid: He can do that. He can bid not to build on the fill area.
Mayor Ferre: No, that is not what Plummer said, Jim. That is not what
Plummer said. I might remind you that the filling of that triangle there
goes back about eight years. We have fought it in court. I would say
that we have spent hundreds and hundreds and hundreds of thousands of dol-
lars over the past eight years pursuing this. It goes back, I think, all
the way to Mel Reese's time. That is how far back it goes, and it is al-
most a minor miracle that we have gotten through to where we are. We have
been challanged by every group, sued, taken to the Supreme Court of Florida.
It has been before the Cabinet. We have had twenty-eight agencies to ap-
prove and disapprove this - the Corps of Engineers, the whole smear. This
is one of the longest and most suffering projects in the City of Miami.
We are on the verge of moving. The only thing that concerns me, Mr. Reid,
and I want to ask you now on the record, you tell me that we can delay
this and you don't care, it is not going to kill it. We are not going to
jeopard the Claude Pepper funds on this. You know, Claude Pepper went way
out on a limb to get us these funds. They are going to start filling this
in April and you are telling me we are not jeopardizing Claude's...because
I will tell you, I am not going to be the one to call Claude Pepper and
tell him that this thing has been killed.
Mr. Reid: Mr. Mayor, I was speaking only to Item Number 35. I would hope
that the Commission would take up the granting of permission to construct
the piers fifty feet into the bay, because we believe that is completely
compatible with what we are doing and we would support the Commission's en-
actment of Item Number 26 today, because it relates to the Corps project
and it is needed and timely.
Mayor Ferre: Well, now, we have a motion on the floor and I am about to
call the question and I am just trying to give everybody an opportunity
to speak to the motion before we...
Mr. Plummer: Item Number 26 was at the request of mine to defer and it was
so that it was tied to this. Now, in all fairness, if you are not going to
hear this, I don't think Item Number 26 should be heard.
Mayor Ferre: J. L., you are going to jeopardize the Corps. of Engineer's
funds.
Mr. Plummer: No, I am not going to jeopardize them, Mr. Mayor. Obviously,
there has been a vacuum created by certain members of the Administration,
so if you want to put a blame of it being killed, then place the blame
where it belongs and that is of course, according to Miller Dawkins, of
the number of people from this City went to New York and talked with this
gentleman and he doesn't know anything about it.
Mayor Ferre: Let's put things on top of the table.
Mr. Plummer: Speak to him. I did not bring that up.
Mayor Ferre: You are talking about me and Jim Reid who went to New York
to see Noguchi.
is . .t3c3
FEB 24 1983
Mr. Plummer: That is correct, sir.
Mayor Ferre: it has absolutely nothing to do with this pier. Absolutely
nothing! It has absolutely nothing to do with this pier. And I would be
very happy - I am frankly surprised that this hasn't been put into a re-
port, but I think because of the lack of time that we had during that time,
that is probably why you haven't done it, Jim, but the fact is, that what we
were up there to talk to Noguchi about, was to try to move and it has been
accomplished, as you can see in trying to marry the amphitheatre and the
project there for the Miamarina, the Bayside project. I think we accomplished
what we set out to do, but I think definitely that ought to be put in a memo-
randum.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir?
Mr. Gary: If I may, on Item Number 35, as you know, this is the first time
we will be operating under the new procurement ordinance. And as you know,
on that new procurement ordinance, we are required to have considerable
participation and involvement on the part of the private sector. As all of
you are aware, we had a pre -bid conference with interested developer...
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Gary: He had talked to him and not finished. As you know, we had a pre -
bid conference which all of you are aware that we had considerable partici-
pation and involvement on the part of the private sector with Mr. Weaver
leading that charge. The developers are under the impression that we plan
to move on a schedule which this City Commission has been informed of on
a schedule that allows them to plan their operations as well as a confidence
that they have in us that we are going to proceed as well as the private
sector people that are involved. I think to postpone this for another
month may give the developers as well as those private people who presently
are involved in this process the opinion that we are not serious about what
we want to do. I would recommend that this City Commission reconsider the
motion and move on this item.
Mr. Dawkins: My mind is set. I have not changed my mind. I still move
that it be deferred for one month.- I do not change my position. I still
say I want to defer for one month.
Mayor Ferre: Howard, is there a substantial amount of damage done by
deferring it for a month?
Mr. Gary: I think most of the damage, Mr. Mayor, is one of the credibility
damage that we have with those private people who are devoting their time
free of charge to work in this process and they have been doing a lot of
work free of charge. The second is I think, the credibility and the image
problem we have with those developers who are under the impresssion that
we are going to move in a very professional manner and they may perceive
any delay as not proceeding in a professional manner.
Mr. Dawkins: Not to get into an argument with you Mr. Gary, but I see
nothing - no more wrong with our credibility by delaying this than I did
when you promised the people $14,000,000 for the other park and then
you backed out of that. What happened to our credibility there?
Mr. Gary: What was the $14,000,000 for?
Mr. Dawkins: The $14,000,000 which you were going to give the guy on the
Bayfront, or whatever that park is over there. When you had it in the paper
4.4 million dollars to this guy over here, then you backed out. What hap-
pened to our credibility there?
Mr. Gary: Well, our credibility was...
Mr. Dawkins: See! See! These things happen, that is all, Mr. Gary.
Mr. Gary: No. Our credibility was dictated by the actions of Dade County.
.34 FEB Z 41983
Id
C
Mr. Dawkins: Well this fill then, you will have to tell them that this is
dictated by the Commission and Miller Dawkins.
Mr. Gary: I have no problem with that.
Mr. Dawkins: Okay, that is all.
Mayor Ferre: All right, is there further discussion? All right, call the
roll.
THEREUPON, on motion duly made by Commissioner Dawkins
and seconded by Commissioner Carollo, the City
Commission DEFERRED CONSIDERATION OF THE ABOVE
MATTER BY THE FOLLOWING VOTE:
AYES: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
NOES: Mayor Maurice A. Ferre
ABSENT: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
24. APPROVE PERMISSION TO CONSTRUCT AND OPERATE THREE PIERS INTO
BISCAYNE BAY AT APPROXIMATELY 199 to 515 BISCAYNE BLVD.
Mr. Plummer: All right, let's go back to Item Number 26.
Mayor Ferre: Explain Number 26 again, would you?
Mr. Plummer: Explain it to him.
Mr. Reid: Commissioner Plummer, 26 simply takes that portion of the new
Nuguchi plan that has already been approved by this Commission, and allows
us to extend these finger piers fifty feet into the Bay instead of twenty-
five feet into the Bay. That is the sole impact of 26 and it is directly
related to the Corps of Engineers' project so it is important that we move
on 26.
Mayor Ferre: When is the Corps of Engineers' project going to start?
Mr. Dawkins: Is 45 - Mr. Reid?
Mr. Reid: The Corps of Engineers would like to go to bids on April 4th.
Mayor Ferre: April 15th. If we delay this now, they may not be able to
go out to bids. How much is involved in the money that is allocated by
the Corps of Engineers for all of this job?
Mr. Reid: About $4,000,000.
Mayor Ferre: $4,000,000?
Mr. Plummer: Let me ask you a question.
Mayor Ferre: Is that what I call the Claude Pepper fund?
Mr. Plummer: Because I don't want him calling me either, okay? You know
I'm scared. I admit it. Any man that can outride me on a bicycle I am
scared of. Is this the last...
.35 FEB 2 41983
Mayor Ferre: That is the first true admission I've heard in a long time!
Claude Pepper can beat you on a bicycle!
Mr. Plummer: The truth of it is, he would beat both of us on a bicycle!
I don't mind admitting it. Jim, once we approve this, is that the final
control we hold?
Mayor Ferre: Over what?
Mr. Plummer: Over the project$ as far as the expansion?
Mayor Ferre: No, of course not.
Mr. Reid: :.fits only deals with the length of the piers to be extended into
the Bay and any additional funds to be provided, and so forth are control
points for the Commission.
Mayor Ferre: Plummer, this will be coming back to us ten different times.
Mr. Plummer: Okay.
Mayor Ferre: Are we ready to move on Item Number 26?
Mr. Dawkins: Mr. Reid, is Item Number 26 and 45 related?
Mr. Plummer: 45 or 35?
Mr. Dawkins: 45.
Mr. Reid: No, sir. Item 26 and 45 are not related.
Mr. Dawkins: Well, what is 45?
Mr. Reid: 45 - in 1951 after the Library was built, the State Legislature
passed a law saying that there could be no more structures in Bayfront
Park.
Mayor Ferre: There is one of the authors of the whole thing sitting right
there.
Mr. Reid: We now have the authority under the authority conveyed to the City
of Miami by the State to repeal that statute on our own. In order for Bay -
side to go forward, it would be necessary to take that statute off the books
as well as it would also impede restaurant...
Mayor Ferre: But answer the question. This has no relationship to Item
Number 45. Is that correct?
Mr. Reid: That's correct.
Mr. Plummer: Well... excuse me?
Mr. Reid: 35.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: We have already postponed...
Mr. Plummer: Well, Danny - 45 does in fact, relate to 26, because if you
don't expand out, you can't go up.
Mayor Ferre: No, because you are not going up in those piers. All you are
asking to do - look, all 26 does ... please, let's keep our eyes clearly on
what is going on. All that 26 does islit extends the piers from twenty-five
feet, which we have already approved to fifty feet, and that gives the
Corps of Engineers the permission to put this thing out for bid on April
15th and get it done properly. Now, that is all this does. It has nothing
to do with construction there. It has nothing to do with the Noguchi plan.
It has nothing to do with Bayside. What it has to do with is the Corps of
Engineers $4,000,000 fill. That is all it has to do with! And I would sub-
mit to you, that we should not in any way jeopardize those $4,000,0001
36 FEB 2 419
Now, we can wait on Bayside. I am reluctant to see that happen, because I
concur with what the Manager said. On the other hand, I don't think it has
anything to do with that. So, what is your will on Item Number 26? I will
tell you what - I will pass the gavel to you, Plummer and I will make the
motion of approval on Item Number 26 so that we can get a vote on it. If
you don't want to vote for it, then that is okay.
Mr. Carollo: I second the motion.
Mr. Plummer: Motion made and seconded on Item Number 26. Discussion?
Hearing none, call the roll.
The following resolution was introduced by Mayor Ferre, who
moved its adoption:
RESOLUTION NO. 83-160
A RESOLUTION GRANTING PERMISSION TO CONSTRUCT AND OPERATE
THREE FINGER PIERS, EXTENDING APPROXIMATELY 50' INTO BIS-
CAYNE BAY FROM BAYFRONT PARK, LOCATED AT APPROXIMATELY
199 SOUTH - 515 NORTH BISCAYNE BOULEVARD (MORE PARTICU-
LARLY DESCRIBED HEREIN), TWO OF SAID PIERS TO BE LOCATED
SOUTH OF MIAMARINA PARKWAY DRIVE AND THE THIRD PIER TO
BE LOCATED IN THE RIGHT -OF -WAX (AS EXTENDED) OF CHOPIN
PLAZA, PER PLANS ON FILE; PER ARTICLE XVIII-1 (PUBLIC
PARK AND RECREATIONAL USE DISTRICTO SECTION 4(1);
ZONED P-R (PUBLIC PARK AND RECREATIONAL USE DISTRICT).
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins
ABSENT: Commissioner Demetrio Perez, Jr.
Mayor Ferre: That is called avoiding a phone call from Claude Pepper vote.
Thank you, sir.
25. CONTINUED DISCUSSION OF APPEAL BY SUNSET VILLAS CONDOMINIUM
ASSOCIATION PHASE IIIA INC. OF VARIANCES GRANTED TO JACAROL
BAY CLUB DECLARING THAT THIS MATTER WILL BE HEARD ON 3-24-83
PENDING RECEIPTS OF INFORMATION FROM U.S. ATTORNEY GENERAL
TO CITY ATTORNEY.
Mr. Carollo: Mr. Mayor, for the record, may I ask on Item Number 22...
Mayor Ferre: That item was pulled by the Administration because of the fact
that there is an investigation going on the the Federal Grand Jury.
Mr. Carollo: So the Administration pulled that item for those reasons?
Mayor Ferre: Yes, the Manager pulled it.
Mr. Carollo: In reference to the letter that we received from Interconti-
nental Properties, Inc. ...
Mr. Plummer; The applicant is here.
.37 FEB 2 41963
Mr. Carollo:...signed by Mrs. Carolyn Weiss - am I interpreting the letter
correctly when they are stating that they are going to take the City to court
unless this item is heard today? Mr. City Attorney?
Mr. Garcia -Pedrosa: Commissioner, I had the same difficulty that perhaps
you had in interpreting that last paragraph. As best I can make out, that
is what it says - yes, sir.
Mr. Carollo: Well, for the record, I am sorry I wasn't here when this item
was discussed, but I would just like to say where I stand. I don't want,
at any time in the future, for the applicant or for anyone else to say that
this Commission, or that this Commissioner tried to stop them from having
their day in court and being heard here on this item, so I for one, if the
applicant wants to be heard today, would be in favor of hearing them today,
unless the majority of the Commission feels otherwise. Any comments, state-
ments?
Mayor Ferre: As far as I am concerned ...I've got no problem with that,
except Mr. Manager, as I understand, you administratively pulled the item.
I think legally, Mr. City Attorney, he is entitled to do that for just
cause - explain why he did it. Now, we can over -ride that, I assume.
Go ahead.
Mr. Gary: Okay, first of all, the applicant in this particular case is
not not Jacarol. The applicant are the residents in the area, the Condo
association made the application against an earlier decision.
Mayor Ferre: Are they here now? I assume they left.
Mr. Gary: I assume they left after we voted to continue it.
Mayor Ferre: No, we didn't vote, see. You pulled it.
Mr. Gary: Fine. The reason I said you may want to consider I recommended
that we postpone this item on continuance because there is an investigation
going on and normally the policy has been when there is an on -going investiga-
tion, we didn't want to complicate that investigation by any discussions
that we would have on the City Commission floor. Secondly, that investiga-
tion addresses one of the requirements of the City Commission that was passed
by code was truthful and adequate disclosure of information. That was the
reason I recommended that.
Mr. Carollo: Well, my position is the following, and I want this to be
made extremely clear. Whatever this investigation or any other investiga-
tion does, it is up to the governmental authorities to decide. I can only
decide what goes on here in the City Commission and I for one, as a member
of this Commission do not see any reason if the City Attorney states to me
what he has stated in the past, that at this point in time all the require-
ments that they needed to have met are met, including disclosures. If they
are met, then legally, as best as I can see it, I do not feel that we should
be placed in a position that we are going to be placed in by deferring this
item. So, I just want it stated perfectly clear that as one member of this
Commission, I am in favor of this item being heard today as long as the
City Attorney feels that all of the requirements that needed to be met have
been met as of today.
Mr. Garcia -Pedrosa: Commissioner, as far as I know, they have complied with
all of the requirements.
Mr. Carollo: I am not asking to you know, verify it if they are truthful,
or not truthful, or anything of the sort.
Mr. Garcia -Pedrosa: That I can't do.
Mr. Carollo: What I am asking is if the requirements are met.
Mr. Garcia -Pedrosa: I have just asked the City Manager because the last time
you considered this, you ordered that there be a meeting concerning the
F.A.R. and I think that has been held, so if that has indeed happened, yes,
they have complied at this point with everything.
Id .38 FEB 2 41983
31
Mr. Carollo: And the disclosure of ownership is in order? They have complied?
Mr. Garcia -Pedrosa: It is correctly filled out, yes, sir.
Mr. Carollo: I've stated my feelings. The other members of the Commission are
welcome to say theirs.
Mr. Gary: We did follow your directions in terms of meeting with them in terms
of F.A.R. I have a concern that even though it was filled out, there is
some question about whether it was filled out truthfully or not.
Mayor Ferre: Well, let me ask you this. You made a statement into the record
this morning about the question of an on -going Federal Grand Jury investigation.
Is this something that you read in the newspaper or is this something that has
been verified that an investigation is going on?
Mr. Gary: First of all, we read it in the newspaper. Secondly, we have access
to some subpoenas. We have attempted to get the specifics from the Federal
government. We haven't been able to on this particular matter. The only
thing they would say is that we asked them for the information.
Mayor Ferre: So the basis of your withdrawal of this application at this
time, when you did that this morning, was on the premise that as long as the
investigation is going on and we should not move administratively on this
matter, is that right?
Mr. Gary: That is correct.
Mayor Ferre: I will tell you where I stand on this. The applicant for this
is not Jacarol, or Intercontinental Properties, Inc. The applicant is the
neighbors. Is that correct?
Mr. Gary: That is correct.
Mayor Ferre: And this morning when we discussed this we said we would -
that this item was being...
Mr. Gary: Continued.
Mayor Ferre:... continued until the next zoning hearing based on the state-
ment made by you. Now for us to hear it, now how can we hear it without
the applicant?
Mr. Plummer: Withdrawn until the conclusion of the investigation.
Mayor Ferre: Is that right? Withdrawn until the conclusion of the inves-
tigation?
Mr. Garcia -Pedrosa: Mr. Mayor, my notes indicate you continued to the next
meeting or to the completion of the investigation.
Mayor Ferre: Okay, now as Chairman, unless I am over -ridden, I am going to
rule there is no way we can hear this unless we have the applicants before
us. Now, Mr. City Attorney, will you tell me if I am wrong under the law?
Mr. Garcia -Pedrosa: No, the Sunset Villas Condominium Association is not
here. I don't think you can hear it.
Mr. Carollo: My...
Mayor Ferre: Wait a minute. Into the record now, is there anybody here
representing Sunset Villas Inc.? Is there anybody here that represents
the applicant? Is the applicant here? Are you the applicant? Obviously.
Now, I will recognize you in a moment, Carolyn. But just for the last
time, is the applicant, Sunset Villas Condominium Association - are they
here? All right then, the Chair rules that this matter cannot be heard at
this time.
Mr. Carollo: If I may ask a question of the City Attorney. Mr. City At-
torney, based upon the fact that they have met all the requirements the
City has asked for, based upon the fact that this item was originally
ld 39 FEB 2 41983
1
scheduled to be heard today, or should I say that it was scheduled to be
heard today, period - what legal position is the City placing itself under
by not hearing the item today based only on the statement that we have
heard from the City Manager, that there is an investigation going on into
that project, or what have you.
Mr. Garcia -Pedrosa: Well, the appellant is not the person that is seeking
the variances. Obviously those have already been granted and until such
time as you vote on it and vote to deny, if you should vote that way that
decision stands.
Mr. Carollo: I understand that the decision stands, but the bottom line is
that even though it stands, they cannot begin construction until the Com-
mission has the final say on it. Am I correct on that? Therefore, what-
ever decision has been made prior to this Commission taking any action, is
really very shaky unless we take action.
Mr. Garcia -Pedrosa: Well, I would put it this way, Commissioner. If they
take any action, they do it at their peril. I don't know that they are pro-
hibited from taking any action, but they do it at their peril.
Mayor Ferre: Well no, because if they obviously submit a building permit,
the Building Department is not going to issue their permit until...
Mr. Plummer: Fine.
Mayor Ferre: So, you know. I don't mean to play lawyer.
Mr. Garcia -Pedrosa: Well, that is not something that we are in a position
to tell at the moment.
Mayor Ferre: I don't want to play lawyer, but I am just trying to ask a
question that way.
Mr. Garcia -Pedrosa: What I am saying is, they could proceed at any step
that they get the requisite permits or whatever they need. They can go
forward and if ultimately your decision is contrary to them, then of course,
they have acted at their peril.
Mr. Plummer: I think maybe what Joe is trying to say, and I am not trying
to put words into his mouth, but under the new change in the zoning ordinance,
there is that clause now that says if this is not acted on within 90 days,
the matter ceases and is at that time they had been approved, then could
they pull a permit. I think that is the real question.
Mr. Garcia -Pedrosa: I don't know if that 90 days, Commissioner, would ex-
pire by the next meeting.
Mayor Ferre: If we continue it, isn't there a legal proceeding...I mean,
obviously we are acting on it and continue the hearing, as long as we are
continuing it, in effect we are stopping the meter from running, aren't we?
Mr. Garcia -Pedrosa: Well, I am not sure that you are actin° on it. You
could continue it, which is what ,you voted to do this morning.
Mayor Ferre: We didn't vote. See, we haven't voted.
Pulled administratively.
Mr. Garcia -Pedrosa: I thought you did vote, Mr. Mayor. I may be wrong.
Mayor Ferre: No. No. We did vote?
Mr. Gary: Yes, you voted.
Mayor Ferre: Oh, we voted. What was the vote?- To continue it?
Mr. Ongie: Yes.
Mayor Ferre: What was the motion?
QD FEB 241983
. Id
Mr. Angie: The motion was to continue it to March 24th or the completion of
the investigation. The motion was made by Commissioner Dawkins and seconded
by Commissioner Plummer.
Mayor Ferre: All right now. Where do we stand on this?
Mr. Carollo: Well, each member
of the Commission should make up their mind as to what they feel. Apparently
there has been a resolution that has been passed. I just want to clarify
for the record that this member of the Commission is in favor of hearing
this item today as long as what I have been informed by the Administration
is correct - they have met with all the guidelines and as far as anything
else that is going on, what I can only go by is what goes on here in this
City Commission.
Mr. Gary: Mr. Mayor, I am under the impression that the judicial process,
which we follow, regarding the zoning item, is that if you get variances or
zoning changes in the Zoning Board, and it is appealed, that the decision of
the Zoning Board is held in abeyance until you make the final decision. My
concern was to protect the City Commission in that you did have a require-
ment that proper disclosure had to be made and there appears to be an issue
as to whether or not that is the case and it is being investigated. I don't
want you to proceed and I don't know how to vote was going to come out, that
you would have granted something that may have been in violation of your
established procedure with the understanding that you were still protected
because we were not going to issue a building permit because you, as the
City Commission had made that final decision.
Mr. Carollo: Mr. Gary, if I may, what are you basing Your information on
that what you are stating is what is being investigated?
Mr. Gary: As I stated earlier, newspaper articles; from the information that
has been gathered in terms of subpoenas...
Mr. Carollo: Newspapers articles, last I heard, are not admissible in
Court, and judging from some of the pro -Castro, pro-Communist reports like
Mr. Alonso we have here, I don't think they are all that good most of the
time.
Mr. Gary: Let me finish first ... and lastly, we have had contacts with the
government. They would not tell us the specifics of the investigation,
but that there is an investigation.
Mr. Dawkins: Mr. City Attorney, are we legally within rights to hear this?
Mr. Garcia -Pedrosa: Sir, if you were to hear this and decide the matter
unfavorably to the applicant, who is not present, it would be my view that
the applicant has a very, very, good reason to complain. Now, obviously,
if you hear this and you do not decide the matter unfavorably to the appli-
cant, the applicant doesn't care to complain, but forseeing both results,
as I indicated to the Mayor earlier, the applicant is entitled to be here.
I think I should also inform the Commission that the lawyer who has repre-
sented this applicant in the last, I saw out in the audience this morning
and without really knowing what his frame of mind is, I have to believe
that he left pursuant to your earlier decision to defer this matter.
Mr. Carollo: What I would suggest if the majority of the Commission would
want to still go ahead and hear this is the following: that the the asso-
ciation of property owners or whomever is the applicant in this case be
contacted and informed of whatever decision is made if we are going to hear
it, and if for any reason they can't come back today, then have this Com-
mission hold a Special Commission meeting at the earliest possible time to
hear this particular matter.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: In response to Commissioner Carollo's inquiry in terms of why
we came up with that recommendation, I have before me a subpeona to testify
before the Grand Jury of the United States District Court for the Southern
District of Florida; it is issued to Ralph Ongie, and basically, the details
on the back addresses the issue of disclosure, which is the issue that was
brought up by this City Commission and what it says is "And bring with you",
U 41 FEB 2 41988
(all this is in regard to disclosure) "any and all documents, official or
otherwise, including but not limited to purchase contracts or agreements,
deeds, mortgages and corporation papers, board of directors, corporate of-
ficers, trust agreements, correspondence, memorandum or written agreement
that reflect actual understood ownership or interest, powers of attorneys
of any parties or entities of any right, title or interest in the property
located at 4865 N. W. 7th Street, Miami, Florida, commonly known as, or to
be known as Jacarol Bay Club". Obviously, this investigation is regarding
disclosure, and that was the basis, along with the other information I got
for making that recommendation.
Mayor Ferre: All right, I will accept any motion that you want. I have
already made a ruling on this; of course the Commission can over -rule me.
My ruling simply is that due to the fact that a statement was made into
the record and we voted this morning that this thing would be continued to
the next zoning hearing or until the investigation was concluded, that it
would be unfair to proceed without the presence of the applicant. Now, I
don't have any problems if you call the applicant and if the president of
the association and his lawyer could come down here and tell us on the
record that they have no problem hearing this, I don't have any problem in
bringing this forward. As of right now, my ruling is that we have already
voted on this and what it is.
Mr. Plummer: Mr. Mayor, I will put my comments on the record. First and
foremostjthere is no way in my view that this matter can be heard today.
In fact this was kind of settled this morning and certain people in the
audience took it as the word, and they left. Mr. Mayor, I am not privileged
nor do I feel anyone else here is, as to what in fact, this on -going investi-
gation is. We read; we hear; we hear rumors; we hear scuttlebutt; I have
hears some very heavy stuff involved, but in fact, I don't know what the
investigation entails. I would say to you, as one who has sat here for
thirteen years - this Commission in many matters in which investigations
have gone on has not acted until the matter was brought to a conclusion.
Now, I would think that in this period of time between now and when this
matter is scheduled again, which would be, as I see it, on the 24th of March,
that the City Manager or the City,Attorney or both, address the question to
the man in charge of the Federal Grand Jury and ask point blank the question -
"Do you have any problem if the Commission hears this zoning matter?" I
would want no fingers pointed back at any member or all of this Commission
that we jeopardized an investigation by action which we took here, that we
didn't have to take and I just cannot remember that any time where this Com-
mission has acted on a matter in which an investigation by the legal
constituted authorities was taking place. It just doesn't seem sensible to
me.
Mayor Ferre: All right. Mrs. Weiss.
Mrs. Carolyn Weiss: My name is Carolyn Weiss, president of Intercontinental
Properties, agent Jacarol Bay Club. Mr. Mayor., Commissioners and thank you,
Mr. Carollo, for bringing it so I can have the opportunity to say a few
words and I will say in all fairness that the matter cannot be heard without
the applicant being here, but the reason and purpose of my letter - I don't
know if it is because I am a woman; I don't know if it is because I am un-
sophisticated about political matters, but I feel that this thing seems to
continue for some reason or the other - in June, in July, in October, in
November. December it was not completed. In January it was postponed with-
out any notice. February...this morning I made it very clear, because of
the newspaper article, to know it is going to be deferred or not, because
there are a lot of people involved. I am not really interested in filing a
lawsuit against the City, but I would like to get a time certain that this
thing is going to be heard, because we are going on now from October 9, 1981.
I am not trying to force the Commission to hear something they don't want to
hear, but I would like to get a time certain. The investigation is going on
like many other investigations and I don't think that the decision that is
going to be made by the City Commission is being made on the ownership,
the parties involved, but the property itself and the integrity of the pro-
ject, the zoning that is being given to the project itself and I think we
are mixing apples with oranges! I am willing to wait until March 24th. I
have no qualms about that, but I don't want to come March 24th and then
another excuse is being thrown at me!
Id
42 F E B 2 41988
4"1,
Mayor Ferre: All right, thank you, Mrs. Weiss. Now, do we have anything
else to discuss on this item? We'll see you March 24th.
Mrs. Weiss: 'Thank you. Is this going to be a time certain March 24th?
Mayor Ferre: Mr. Manager?
Mr. Gary: The answer to that is yes but I would like to caution you right
now that your motion is March 24th or until the investigation is complete.
So I mean.....
Mayor Ferre: I don't mind waiving that second portion of it provided,
however, that you do what Plummer says needs to be done because I don't
want somebody in the U. S. Attorney's Office writing me a note saying
that we're in any way interfering with due process of a Grand Jury, espec-
ially of a Federal Grand Jury. So, you know, I think that really falls
more in the hands of the City Attorney contact the U. S. Attorney's Office
to make sure that our pursuing this, so I don't mind on the record accepting
a motion to modify the previous motion that this item be heard on March 24th,
unless after being properly contacted by the City Attorney the U. S. Attorney
says that it is the preference of the U. S. Attorney and the Grand Jury that
we not move on this until they have concluded their investigation, whatever
it is. Now, do you want to make it that way?
Mr. Plummer: Mr. Mayor, I have no problem with that. I have no problem
with that at all. If the Attorney General, whoever is heading up....
Mayor Ferre: The U. S. Attorney.
Mr. Plummer: The U. S. Attorney who is heading this up sends a letter or
tells the Manager that he has no problem with an on -going investigation for
this Commission to hear it as a zoning item, I have no problem with that.
That's fine.
Mayor Ferre: All right, so the motion, therefore, is that this item 22 be
deferred. This is a substitute motion to the one that passed, that it be
deferred until the 24th of March o; until the ..... and then delete the portion
about the investigation being completed and substitute therein that the U. S.
Attorney's Office would tell the City Manager or the City Attorney that they
have no objections to our proceeding before their investigation is concluded.
Is that the way? Did I word it properly, Plummer?
Mr. Plummer: Fine.
Mayor Ferre: Is there a second to that motion?
Mr. Dawkins: I second.
Mayor Ferre: All right, now under discussion.
Mr. Dawkins: I too, feel like Mrs. Weiss and also Mr. Carollo, this has been
drawing on and on and on and if there is any way possible that this can be
heard on the 24th, that it be the first item on the 24th and let's get it over
with. That's the only thing I would hope.
Mayor Ferre: Okay, further discussion?
Mrs. Weiss: Mr. Mayor, I'd like to state that the subpoenas that have been
given out to the various parties involved does not discuss anything about
the property or the variance that is in question. It does reflect about the
ownership but not the variance that is before the City of Miami and I don't
think that we should mix apples with oranges. Again, I would like to point
out I don't think it was fair also this morning when I'm number 22 on the
agenda for a discussion to take place and pass while the applicant is here
and the courtesy not given to me and I am not here also in the audience. And
I wish I would have been advised, after all I called 8:00 until 9:15 this
morning if it is going to be postponed or otherwise. Thank you.
Mayor Ferre: I think that is proper, I think you're right.
Mr. Gary: No, I don't think so. The first thing is we advertise everything
for 9:00, that is the first thing. Now, secondly, the only thing I will ad-
mit, we probably should have called her but she should have been here at
9:00 and the applicant is not Mrs. Weiss, the applicant are the people who
appealled.
.43
rt
FEB 241983
Mr. Dawkins: Secondly, I think that we too have to take some blame, Mrs.
Weiss, in that we did not start until 11:00 O'Clock so, therefore, when
you called at 8 or 9:00 O'Clock no decision had been made and that is our
fault because we were someplace until 11:00 O'Clock.
Mrs. Weiss: Mr. Commissioner. I came to the City Commission hearing here
at 8:00 O'Clock. My mother was here at 9:05. My people sat in the audience
from 8:30.
Mr. Dawkins: We were not here.
Mrs. Weiss: I kept: watching it on a minute by minute basis and my attorney
was present here in the audience, Jeff Liebowitz. My architect was here in
the audience.
Mayor Ferre: Well, why didn't they speak out?
Mrs. Weiss: Because it happened so fast, I mean they didn't realize what
was taking place. Thank you, Mr. Mayor and thank you Commissioner Joe
Carollo and I'll be here on the 24th of March.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 83-161
A MOTION CONTINUING CONSIDERATION OF AN APPEAL BY SUNSET
VILLAS CONDOMINIUM ASSOCIATION, PHASE III -A, INC., OF
VARIANCES GRANTED TO AN APARTMENT PROJECT KNOWN AS JACAROL
BAY CLUB TO THE MEETING OF MARCH 24, 1983, SUBJECT TO THE
CITY MANAGER OR THE CITY ATTORNEY CONTACTING THE U. S.
DISTRICT ATTORNEY TO DETERMINE IF THEY WOULD HAVE NO OBJEC-
TION TO THE CITY OF MIAMI COMMISSION HEARING THIS APPEAL
SINCE THERE IS AN ON -GOING INVESTIGATION.
Upon being seconded by Commissioner Dawkins, the motion was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez.
26. BRIEF DISCUSSION ITEM 011 IM. ALEK rMIE'S APPEAL TO THE CITY
COMMISSION THE DECISIOtJ OF THE CODE ENFORCEMENT BOARD ON
VIOLATIONS OF ZONING LAWS IN tit. LEME'S PROPERTY 13.20 S. W. 19
AVE.
Mayor Ferre: Before we go on Items 44 through 48, there is a gentleman who
has been sitting here all day, he has been very patient, he came up to me dur-
ing the noon hour and he wanted to complain that he had a citizen's complaint
to make and he thought that he was being ignored by the City and I told him
that I would recognize him. Go to the microphone, sir. Your name and address
for the record and we cannot give you any more than five minutes.
Mr. Alex Lames Alex Leme, Alex and Anna Leme, 1120 S. W. 19 Avenue. We were
here in Miami since we purchased this place.
Mr. Plummer: Sir, would you put the microphone? I'm having trouble understand-
ing you. That's better.
Mr. Leme: We are living here at this address since we purchased this place,
never been remodeled, rebuilt or otherwise. On July loth we received a noti-
fication that we have illegally converted the garage into living quarters by
Mrs. Reid. According to the existing records and the ordinance regulations,
it shows that the Shenandoah Section was surveyed and platted in 1923 on
Page 39 of the City Atlas and stated that the R-1 zone on February 8, 37 and
our property was built in 1926. The old City records shows that a permit
WA
�'
-- FEB 2 41983
("I
N
was issued in 29 for 6, dated on 7, 1930 for enlargement of said property
according to the grandfather, the endoctrinated clause supports the owner's
rights of the freeholder which Building and Zoning Department is unable to
prove otherwise. I quote in here on Article 28 of the Comprehensive City
Zoning Ordinance. Do I have to read the contents of the article?
Mayor Ferre: No.
Mr. Leme: On the other one is on Article 31. This is of the City ordinance.
We believe that this was all done on a counter action due to the letter was
written to the City Manager. This is indicated, discriminatory harassment
is being taken against us by the Mr. Jiminez because of the letter was written
to Mr. Gary by our son-in-law after his telephone conversation with Mr.
Jimenez about safety zoning regulations. Submitted evidence shows that Mr.
Jimenez put Mr. Gary into the embarrassing predicament by giving him false
information. It was also stated by Mrs. Reid and Mrs. Howell that this mat-
ter was initiated, order and directed by Mr. Jimenez. After the variance
was denied on September 28, 1982, we submitted a letter to Mr. Gary's Office
requesting for an appearance to the City Commission and the answer was delayed
till October 14th, two and a half months. Nothing was done until then and
now they changed the law, they say that we belong to the, the matter belongs
to the Code Enforcement....
Mayor Ferre: Code Compliance, and you met with them yesterday. and you
were turned down. Right?
Mr. Leme: Yes, but that time, Mayor, if there is some reason of the delay-
ing before two and a half months we would be able to approach the Commission
and clear up the situation. I would kindly request all of you consider our
situation and see where we stand and help in any way that we won't be de-
prived as any other neighbors living in my neighborhood, next door and so
on and so on.
Mayor Ferre: All right, Mr. Leme, thank you. Mr. Manager, do you want Mr.
Pierce to....
Mr. Gary: No. First of all, I think we have a serious problem as I stated
to you at the last two meetings about our Zoning laws which are established
_ by this City Commission are being made a mockery of. This is a classic case
of those laws being laughed at or not considered laws of the City of Miami.
First of all, the Code Enforcement Board was not a determining factor as to
whether or not this particular property would have been considered favorably.
This is a violation of the current zoning law before and after the creation
of the Code Enforcement Board. Under no circumstances can we give this gen-
tleman relief. We are talking about a triplex situation in an R-1 area.
The letters, nobody misled this gentleman, he has been informed from the
beginning that he is in violation of the Code. The reason he was, and he
was also informed that there was no need for him to come to the Commission
because this City Commission had established a Code Enforcement Board for
which there is no appellate process to this City Commission in violation of
those zoning laws. He is in violation of the current zoning law and he not
only had a duplex, but he now has a triplex and he is renting. This case
was tried by the Law Department, we successfully won the case and now he
is trying to appeal to you. You do not have any relief for him.
Mr. Leme: Mr. Mayor, I contradict Mr. Gary because the law reads that I
should enjoy all the rights as my neighbors. Right? And I'm being deprived.
My property is not rented for profit except the upstairs which is called an
unconformed property. It is not my fault. You people sold me like this,
you put the stamp on it. I bought it 25 years ago. I didn't do it. Now,
the property in the back which is in question, my parents were living there
and it primarily is being used my family comes from up north to live in that.
Meanwhile when the family is not here by some reason or another, there is
a vacancy for a week or two. Who is, let me ask Mr. Gary who would not per-
mit to make a bond for a week to rent somebody to sleep in this room?
Everybody else it is. Mr. Gary knows that next door to me they have an
established business renting...a ursing home, and Mr. Jimenez says this
is allowed in that zone and all of a sudden Mr. Leme and his crippled wife
is not allowed to use his rear structure for any reason like I stated. So
please, this is the evidence and it clearly shows that Mr. Jimenez does
not exercise his ability to approach this matter the notification; and the
place was never inspected until the day after we asked for the variance.
Mayor Ferre: I don't know what else to do.
rt .45 TEB 2 41983
Mr. Plummer: Well, being in violation is one thing but he has the right
to...... Wait, let me ask this question. And I'm not saying that i agree
with him in what he is doing or what he has done. Did he not appeal or
request a variance?
Mr. Gary: No.
Mr. Pierce: And he can't get one.
Mr. Plummer: He didn't appeal to the Zoning Board?
Mr. Perez-Lugones: He cannot.
Mr. Plummer: He cannot. Okay.
Mr. Perez-Lugones: The reason is that it would be a use variance.
Mr. Plummer: So then how could he appeal to this Commission?
Mr. Garcia -Pedrosa: He can't, that's what I'm trying to tell you.
Mr. Plummer: I stand corrected.
Mayor Ferro: The only reason this man is talking is because out of the good-
ness of my heart, he has been sitting here all day and I felt sorry for him
and I said I'll recognize you to make your statement to the Commission into
record but I unfortunately don't know that there is anything that this Commis-
sion can legally do to help him out. You violated the law, you've been
through the whole process. As the Manager says, you know, we have a proced-
ure, it has gone before the Compliance Board yesterday and the Compliance
Board disagreed with you and what can we do?
Mr. Leme: Honorable Mayor, I appeared personally with my wife to the variance
office to this gentleman and Ms. Gloria Fox and this gentleman informed me
that they will not accept my application for a variance. There is no place
to it. I confessed to Mr. Gary, he said no either. Where I can go?
Mayor Ferre: well, where to go is to comply with the law.
Mr. Lome: Well, where is the law? I was there.
Mr. Perez-Lugones: The decisions of the Code Enforcement Board can only be
appealed to the courts. That is where he has to go next if he wants to
pursue his case.
Mayor Ferre: Yes, ma'am.
Mrs. Ana Leme: I am Ana Leme and this thing started back in February, 182
and before the Code Enforcement Board went into effect it said that if you're
unsatisfied with what the Zoning Board says you have a right to appear before
the Commission and Mr. Pierce let this drag on until the Code Enforcement
Board came into affect so we wouldn't be able to come before the Commission.
Mayor Ferre: Well, we're not going to get into a question or an accusation
of that nature.
Mrs. Lewes We're not asking for anything.... It is true.....
Mayor Ferre: Well, what is it you want from this Commission?
Mr. Leme: All we ask to....... We're not guilty of doing
anything wrong.
Mrs. Leme: The grandfather clause should apply to our case, it was there
when we bought it as is, we didn't do anything.
Mayor Ferre: How long has this been there?
Mr. Leme: Twenty-five years, your honor.
Mr. Garcia -Pedrosa: No, no. They had to have one unit grandfathered in.
Mr. Lame: Sir, the point is that Mr. Jimenez particuarly.....
That's what I'm trying to explain to the commission. This person has dis-
criminatory action against us. He omitted all others.
.46 FEB 2 41983
Mayor Ferre: Go ahead.
Mr. Gary: Well, first of all I object to that comment. Mr. Jimenez is doing
a job, he is following the law and he doing a good job. According to my dis-
cussions with the City Attorney, he had one grandfathered in, now he has three
units.
Mayor Ferre: Well, he has built two more.
Mrs. Leme: We didn't build it, sir, that's the way we purchased it in 58.
Mayor Ferre: I'm confused about this. These people, this is a matter of a
building that has been there for 25 years and now it comes to.....
Mr. Garcia -Pedrosa: You can't do anything for them, Mr. Mayor.
Mayor Ferre: Say it into the record, please.
Mr. Garcia -Pedrosa: You can't do anything for him, Mr. Mayor, you're not an
appellate body for the Code Enforcement Board. You can believe everything
the man is saying and you have no authority to override of overrule the
Code Enforcement Board, it is that simple.
Mr. Gary: And besides, the law says you can't.
Mr. Perez-Lugones: And all the evidence was presented to the Board. Yester-
day the Board weighed all the evidence and they ruled and found them guilty.
Mr. Plummer: Well, let me ask you a question. Is there any indication or
any thought in your mind that this gentleman here in the past 25 years has
altered, added to, in any way that location? I'm asking a question.
Mr. Perez-Lugones: The record shows that originally there were two units
there which would make that one unit legally non -conforming or legal today,
legally non -conforming. The third unit, there is no record whatsoever with
the City of Miami of being legally,established in there, therefore, it is
an illegal unit.
Mrs. Leme: Well, that permit that was issued in 1930 said enlargement and
your records don't specify for what, evidently that is when it was done.
Mr. Leme: It's not units, it's just living quarters. There is a little
different definition.
Mayor Ferre: All right, we need to move along now. Howard, do you want to
add anything else? All right, there is nothing we can do legally about this.
Do you want to say anything about it, Joe?
Mr. Carollo: No.
Mayor Ferre: I apologize, Mr. Leme, I wish we could help you. I think you
need to go and do this in court now. There is nothing else we can do.
Mr. Leme: You still see that that was the way, some kind of a purpose.....
Mayor Ferre: From what you're telling mop I think you're right? and I agree
with the statement you made but there is nothing I can do about it legally.
Mr. Leme: And the law, sir, I am subjected now to horrible treatment of
this law enforcement procedure. All they have, one language, guilty and fined.
That's all there is.
Mayor Ferre: All right, well, there is nothing we can do,•Mr. Leme. I don't
know what to tell you except I'm awfully.... .
Mr. Leme: I guess, I don't know, just burn the place or something.....
Mayor Ferre: Go to court, you can go to court on it.
Mr. Lame: $500 just to appeal to court and $150 the lawyer and you people,
thanks to the City's negligence.....
Mayor Ferre: I've got to tell you, maybe I've heard wrong, but as long as
the buildings have been there 25 years and all of a sudden it becomes a prob-
lemlI don't understand that. I'm sorry, we need to move along. We are now
on Item 44. •Ari
`3 !! F E 8 2 4 1963
I
27. COMPP11iY INSTALLING PORT-0-LET (PORTABLE S 7111"ATI0;1 UNITS)
OR THE GRAND PRIX ttACE .
Mr. Carollo: Mr. Mayor, if I may I need to bring something up real quick.
Mr. Manager, if you can, I need your help in this. I've just been informed
that the people that are doing the Grand Prix for the City of Miami, that
they have hired an out of town company to do the portable sanitation work
for the Grand Prix and that that portable sanitation company has not been
licensed to operate in Dade County since 1977. The name of that company,
I've been told is Port-o-let. Can you verify this for us?
Mr. Gary: I'll have somebody look into it right away.
Mr. Carollo: In fact, what provisions were made, if any, to get the Grand
Prix individuals to hire all local people for the work that we've asked them
to do.
Mr. Gary: There's no provision, no requirement for that.
Mr. Carollo: That's our fault, all our faults in that but we do have some
leeway. If this company is not licensed to do work in Dade County.
Mr. Gary: We contracted with Motor Sports to put on the event, they hire
the people, we do not have those requirements. I'll have somebody check
on that though.
Mr. Carollo: Can you have somebody check on that and get an answer to this
Commission before we leave here today?
NOTE FOR THE RECORD: Agenda item 46 was temporarily deferred.
NOTE FOR THE RECORD: A report concerning the installation of Port-o-lets
as referenced on lable 27.
rt Yv
F E B 2 419B3
i
81
------------------------------------------------------------------
NOTE FOR THE RECORD: Agenda item 46 was temporarily deferred.
NOTE FOR THE RECORD: A report concerning the installation of Port-o-lets
as referenced on label 27.
Commissioner Demetrio Perez entered meeting at 4:25 P.M.
28. CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE
HELD November 8, 1983, ON A PROPOSED CITY LOTTERY.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: This resolution, Commissioner Carollo, I was under the
understanding... Plummer, you have to listen to this. My understanding
of this is that from the title of it, is that if the legislature passes
the ability to have a lottery, then we would have the selection. Am I
correct in reading it that way?
Mr. Carollo: No, you are not correct, Mr. Mayor. What I am trying to do
is two -fold. Number one, get the consensus of the citizens of Miami that
they are in favor of a municipal lottery for the reasons that I have
stated here. That 50% of those profits that we get in that lottery will
go to police and fire protection, and the lowering of our garbage fees;
the other 50% will go for affordable housing and job training programs.
At the same time, I think that by passing this now, even though we won't
vote ou it until November, what we are doing is sending the legislature
a very clear and precise message of how this Commission feels on the matter.
I think that we finally have to be very realistic about this situation.
Yes, the City of Miami, like most governmental bodies around the country,
is in dire need of additional funds. But we have seen it in election after
election from the White House to the Courthouse that people do not want
additional taxes levied upon them. They want the same quality of service
they have received in the past; but they do not want to pay the taxes.
That presents a problem to any governmental body. What I see that we
could do by this is that at the same time that we do not levy additional
taxes on our taxpayers, is find a solution to our tax base. That is that
while we are waiting for all the new development to come into Miami and
be put in the tax rolls, we are going to be asured every year at least a
minimum from this municipal lottery. This is going to solve all those
other problems that we have like any governmental body at the municipal
level has, without having to tax the guy that can least afford it. Let
me give you some figures. These, mind you, are very approximate figures.
It has been estimated by the people that know and have ran lotteries.
They have these estimates out of what other lotteries in other states
have arrived to. The bottom line is that the best estimates that we have
as of today is that on the first year a state-wide lottery in Florida
would bring in $500,000,000. Dade County has 20% of the residents of
Florida. So if the state would make $500,000,000, I think it would be
fair to say that Dade would be able to raise at least $100,000,000 of that.
The City of Miami, which has 20% of the residents of Dade County, should
be able to make 20% and probably much more than that of the $100,000,000
of Dade County, which would be $20,000,000. Out of those $20,000,000,
it is estimated that approximately 45% will go towards the recipients in
winning the lottery and towards the expense involved, which would leave
us a profit of 55% or an approximate $11,000,000 on the first year. These
are approximate figures. I believe personally that the figure would
be much higher. I think it will be well in excess of $15,0009000. These
figures are based in having competition from other municipalities in
Dade County. If we were to be the only one that would have it, then all
bets are off on whatever we would raise. We would raise then maybe in
excess of $50,000,000 in the first year. Any way the motion I want to
FEB2 41983
Mr. Carollo (CON'T): make at this point in time, Mr. Mayor, is that the
following question be placed to a straw vote on the next available City—
wide election, which would be November 8th. That question reads as
follows:
"If the City of Miami were permitted by the Florida State
Constitution and Florida State Statutes to implement
a municipal lottery, the revenues from which would be
used 50% for police and fire protection and the lowering
of garbage fees and 50% for affordable housing and job
training programs, would you favor the City creating such
a lottery?"
Mr. Mayor, Members of this Commission, I would like to make a motion at
this point in time to place this question as a straw vote question on the
next City Election of the City of Miami on November 8th of this year.
Mayor Ferre: There is a motion on the floor. Is there a second to the
motion as presented?
Mr. Perez: You say that you have two questions to place in the ballot?
Mr. Carollo: It is one question.
Mayor Ferre: Let the record reflect that on the thing that has been
passed out that is approved by the City Attorney, there is a line missing
at the bottom of the page. After the word, "for their approval or"
add "disapproval of the creation of a City lottery if the City of"
and then it continues.
Mr. Carollo: Fine.
Mayor Ferre: Now, is there a second to that motion?
Mr. Carollo: Are there any questions that the Commission would like to
ask? I will try to answer them as best I can.
Mr. Plummer: I have no question, but I would make a statement. Needless
to say I think I am in favor of asking the legislature, and urging the
legislature to give the people of the State of Florida the right to
speak to the issue of whether they want a lottery or they don't. I
think to, at this time...I think it is even within our realm, Joe, to
say to the State of Florida, we urge to give the people that right. We
further urge that if you do, so grant, that we would want to dedicate
the City's portion of that to as you outline here, and I am in full
concurrence. I think that at this particular time it is premature to
speak to an election before the vehicle is even created. As to whether
or not the City would be able to operate its own lottery, is where I
have a serious question. It is my understanding....
Mr. Carollo: J.L., first of all, I was going to address some of the
other statements that you have made insofar as what we want our City
lobbyist to do in reference to this matter. Secondly, all that we are
doing here is placing a question on the ballot and asking our citizens
if they are in favor of it or not. It is a straw vote that is not binding,
as you well know. Second of all, I think what it will do is that at the
same time that it will send a very strong message to the legislature, it
will indicate to us if we are on the right track. I think we are. Miami
Beach this past November 8th did something similar to this. The citizens
of Miami Beach voted overwhelmingly in favor of it.
Mayor Ferre: For a lottery?
Mr. Carollo: For a lottery, yes, sir, for a municipal lottery.
Mr. Plummer: I didn't know...Was it a municipal or a lottery?
Mr. Carollo: They were in favor of a municipal lottery. It wasn't even
close. They voted overwhelmingly in favor. I think that you should keep
in mind the City of Miami is approximately 60% Hispanic (the make up of
the City) and approximately 25% Black. I think if we look at other states
s .50 FEB 2 41983
Mr. Carollo (CON'T,): and the culture of Latin countries where they have
lotteries in just about every Latin country, I think you would see that
the money we would tend to make here be significant. At the same time,
I strongly believe that the City of Miami would vote even more convincingly
in favor of this matter than even Miami Beach did.
Mr. Perez: Why do we include in the question that the 50% for police
and fire protection and the other 50% for... Do we have any guidelines?
Mr. Carollo: Well, this is only a straw ballot question. My feelings are
such that if we look at our City budget, the bulk of our City budget goes
for fire, police, and garbage collection. Those are the main reasons
that we tax our citizens so much: to provide those services. So, in
essence, what we are going to be telling them is that we hope that if
this passes, we could release some of that other burden on the taxing
of that.
Mr. Perez: Do we have any recommendations from the City Attorney?
Mr. Carollo: The City Attorney does not really... I mean he can express
his opinion, but....
Mayor Ferre: It is not a legal matter. He has approved it as to legal
content. See, I think the real question is really whether or not we want
to put on the ballot on November the 8th the issue of a municipal lottery
before the legislature is acted. In effect, the straw ballot is a non—
binding thing. But what it does is it sends a clear message to the State
Legislature. I concur with both Commissioner Carollo and with the
editorial that came out in the Miami News, strangely enough on the same
day or the following day, I forget which. Where the Miami News editorially
agrees with the idea of a lottery. A lottery is a voluntary tax. It is a
simple way that is used in many states of the Union. I personally doubt
very much that the State of Florida will ever permit a municipal lottery.
If they would ever agree to a lottery, I think it would be a State Lottery.
But that is something that would....
Mr. Carollo: Well, let me say this, Mr. Mayor. The way the State Statute
reads, the minute that we do away with the present laws then that leaves
the door open so that whether the State of Florida likes it or not, the
City of Miami can go ahead and have its own....
Mayor Ferre: Assuming that the Legislature....
Mr. Carollo: ....doesn't add anything else to whatever law they have.
Mayor Ferre: You know that... Joe, I'm for this. I'm not arguing
against it. I'm just saying that we have to understand....
Mr. Carollo: The questions you are raising are valid questions. But
they are questions that we would have to deal with, I think, when it
happens. In the meantime all that we are asking our citizens to do is
to vote their convictions, their feelings, their preference in this.
Then I think that is the first step that we need to make.
Mayor Ferre: I will ask one more time if there is a second to this.
Mr. Perez: Yes, Mr. Mayor, I would like to second this motion. Let
me explain why. In the same way that I support the one cent tax at the
time of that election giving the opportunity to the people of Miami, I
would like to recognize the right of the people of Miami to decide on
this issue. I think what we are supporting is only a question. I would
like to support this question and let the people of Miami decide that in
November.
Mayor Ferre: Further discussion?
Mr. Perez: I second the motion.
sl
.51
FEB 2 41g83
Mayor Ferre: Dr. Theede.
Dr. Jane Theede: Mr. Carollo, unfortunately this issue, like many others
that have gone out for straw ballot is incorporation of two questions into
one. I think in some way it should be restated: a) Whether or not we want
the opportunity for a lottery; and b) If we want to separate it in this
manner. Because you have actually asked two questions and where one person
may be in favor of part of it, they may not be in favor of the other part
and you may be destroying certain things because some people may not want
this split in the way you have it. Not that I'm arguing with it, I'm just
simply saying that you have two questions in one.
Mr. Carollo: You might have a point there, but I think that if someone
is in favor of a lottery and particularly a lottery that the funds are
going to be going to lower their taxes, that's in essence what we're saying
here, 50% of those moneys are going to lower their taxes because the bulk
of their taxes goes towards Police, Fire and Garbage fees.
Dr. Theede: Mr. Carollo, I oppose lotteries because I've traveled all
over the world and I see that they are very dangerous things. You see
lotteries only in states and only in nations where there is poverty. Un-
fortunately gambling is an illness as much as alcohol is so you're going to
create more social problems in the other but I think the people of Miami
should have that right to say yes or no.
Mr. Carollo: Well, Dr. Theede, I respect your opinion and, you know, I
don't gamble, heck, I don't even watch X-rated cable TV but, you know,
even walking down the street is dangerous. So I appreciate your comments
and your feelings. If we could have the roll call, Mr. Clerk. Ralph,
roll call.
Mayor Ferre: I'll call it. Any further discussion? Okay, we have a motion
and a second. Call the roll.
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 83-162
A RESOLUTION CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON THE STH DAY OF NOVEMBER, 1983, FOR
THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE
CITY OF MIAMI FOR THEIR APPROVAL OR DISAPPROVAL THE CREATION
OF A CITY LOTTERY IF THE CITY OF MIAMI WERE PERMITTED TO DO
SO BY THE FLORIDA STATE CONSTITUTION AND FLORIDA STATUTES
WHERE THE REVENUES FROM THE CITY LOTTERY WOULD BE USED AS
FOLLOWS: 50% FOR POLICE AND FIRE PROTECTION AND THE LOWER-
ING OF GARBAGE FEES AND 50% FOR AFFORDABLE HOUSING AND JOB
TRAINING PROGRAMS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins*
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: Vice -Mayor J. L. Plummer, Jr.*
ABSENT: NONE.
ON ROLL CALL:
*Mr. Plummer: As I have stated before, I am in favor of urging the legis-
lature to create the atmosphere for a referendum for the people of the
State to speak to the issue. I have to have opposition at this point to
the creation of a municipal operation. I feel that a straw ballot at this
time is premature, I will vote against the motion.
*Mr. Dawkins: I'm in favor of the motion, I mean the lottery, but I know
that the State is not going to vote to let the lottery go the way I would
rt .52 FES 2 4 1983
0
like to see it go. I would like to see them take the lottery and split
it into three parts, one-third for the federal government, one-third for
the local government and one-third to go to tax free winnings because if
you win $100,000 when the government gets through with it you don't have
nothing anyway. But I'm going to vote and let the people have their say.
NOTE FOR THE RECORD: Agenda Item 44 was pulled. Agenda Item 45 was
continued.
29. DISCUSSI014 ITEli ONLY: PROPOSED ALLOCATION TO CHRISTIAN
HOSPITAL INC. NO ACTION TARN.
Mayor Ferre: 47, $10,000 Special Programs Contingent Fund for the Christian
Hospital. Miller, is that yours?
Mr. Dawkins: No, I'm against it.
Mayor Ferre: Is that what Dr. Simpson was here for? All right, doctor. In
response to a request made by Dr. George Simpson. Go ahead.
Dr. George Simpson: This is a follow up to allocate funds responding to a
motion passed by the City Commission unanimously last May to assist the re-
location of Christian Hospital to the Shell City site as part of the redevelop-
ment of the northwest area of the Liberty City area. We already have part of
this development going on with the almost half way finished construction of
an elderly housing project. This is the second phase, the hospital, the third
phase being a commercial area. In order to assist the fees and the cost of
this, the City Commission which has gone on record supporting this hospital,
and we have had support from the County as well as the State on this, we are
now in the process of developing a U.D.A.G. Grant and so we are asking for
the implementation of the formal motion passed unanimously by the City Commis-
sion to allocate this $10,000 for the application for the tax-free bonds.
Mr. Dawkins: Mr. Mayor, I'm against this for the simple reason that when Dr.
Simpson came before usihe sold us on the idea that the senior citizen place
would benefit our area and the bids and all went to Fort Lauderdale. Now,
he is here for $10,000 and the contract to construct Christian Hospital is
not a local firm and we in Miami have contractors out of work, the building
industry is down and I for one cannot sit here and take Miami tax dollars and
give to Dr. Simpson for Dr. Simpson to go outside of Miami and hire construc-
tion workers so I am deadly against this.
Mayor Ferre: Mr. Manager, do you have anything to add onto this? Anybody
else? Any statements? Dr. Simpson, one last statement.
Dr. Simpson: I think that if anyone were to go by the site where the elderly
housing project is being built they would see that there is an inordinately
high number of local people working there, there are many black subcontractors
and there are many many black workers working there. The reason that this
contract was placed in the hands of a Fort Lauderdale construction company
is that this company had just recently finished two buildings of the identi-
cal nature and that we at that time had exactly one week to prepare cost bids
and have no recourse but to get these bids in order to have the federal funds
allocated to us but to get this bid from a company which already had the sta-
tistics, which had already built the building and knew what could be done,
otherwise we would not have this building there now. We're talking about a
hospital which will afford about 400 permanent jobs and several hundred tem-
porary construction jobs in this area. We have a construction company, the
reason we have this company is that this company is now constructing in this
area at North Shore Hospital, at Variety Children's Hospital, at the Miami
Heart Institute and Memorial Hospital in Broward County, that we had to have
such an organization in order to strengthen the otherwise financially weak
bid of Christian Hospital to get tax free municipal bonds and this,is the
reason we had to go to one of the largest, in fact, the largest construction
company in the country who has already promised, and I gave a letter to the
Commissioner this morning. It was already stated in writing that he will
subcontract with minority and local contractors here and this is stated in
writing.
rt .53 FES 2 4198a
Mr. Dawkins: All right, Dr. Simpson, the only thing I have to say to
that is each time you do not have time to find a local contractor. Now,
behind the other incident it appears to me that you would have taken the
time to find a local contractor. I cannot sit here and demand that the
City of Miami give its work to local contractors, minorities, raise hell
with Dade County when they do not give it and then allow you to do other-
wise, it just rubs me, I can't do it.
Mayor Ferre: All right, further statements? If not, thank you very much,
Dr. Simpson, and we're now on Item #48. Who's voting on it? Well, who
is going to vote? You heard what Commissioner Dawkins said. If somebody
wants to make a motion I've got no problem, but nobody has made a motion.
The item is finished.
30. EMERGENCY ORDINANCE: PROVIDE FOR SALE AND CONSUMPTION OF
BEER AND BRINE IN BICENTENNIAL AND BAYFRONT PARKS DURING
SPECIAL EVENTS APPROVED BY THE CITY COMMISSION.
Mayor Ferre: We're now on Item 48. This is an emergency ordinance amending
subsection (a) of Section 38-49 of the Code of the City of Miami. Mr. Manager,
does this have your approval?
Mr. Gary: Mr. Mayor, I'm for it.
Mayor Ferre: Who put this on the agenda?
Mr. Garcia -Pedrosa: I did, Mr. Mayor.
Mr. Dawkins: Why are you for it?
Mr. Gary: We have to do it.
Mr. Dawkins: Why? I
Mayor Ferre: Well, tell me what it is, I don't even know what it is.
Mr. Gary: What it does, it makes you legal in terms of the contract we've
entered into with Motor Sports regarding the sale of alcohol.
rt .954 FEB 2 41988
Mr. Gary:... in terms of the contract we have entered into with Motor Sports
regarding the sale of alcohol...
Mayor Ferre: No, we have got to do this. I got you. Is this just a one shot
basis? I don't mean that literally as a drink. Does it open it up, you mean?
Mr. Garcia Pedrosa: No, Mr. Mayor, this gives you the authority and the power
to authorize any events.
Mayor Ferre: I got you.
Mr. Garcia Pedrosa: And it covers by the way, another event that you also
already authorized and that's the Saint Patrick's Parade.
Mr. Dawkins: Point of information?
Mayor Ferre: Which is the other event?
Mr. Garcia Pedrosa: Saint Patrick's Day Parade.
Mayor Ferre: I got you.
Mr. Dawkins: Ok, point of information.
Mr. Plummer: And that Puerto Rican rum punch in the Coconut Grove Art Festival.
Mr. Dawkins: See, I don't understand Mr. Gary. Your know, either he has a
lapse of memory or he continuously forgets. Now, he told me that...
Mr. Plummer: Oh, yes, that's...
Mr. Gary: Commissioner Carollo...
Mr. Dawkins: See, you told me when I wantea the rum punch in Coconut
Grove that you were not in favor of alcoholic beverages. And now all of the
sudden you are in favor it.
Mr. Plummer: Well, wait a minute. Miller, Miller, I will tell you how
we do this. We pass it subject to prohibiting Howard Gary from walking around
the Grand Prix with a beer.
Mayor Ferre: Is this got anything to do with firecrackers? Alright, who
moves it?
Mr. Plummer: Mr. Mayor, I move Item 48 with an amendment that strictly
prohibits Howard Gary, the City Manager from drinking on the premises.
Mr. Dawkins: Second. Unless he is drinking Coors.
Mr. Plummer: No, no. no.
Mayor Ferre: Alright, there is a motion... come on, we got some other things
to do.
Mr. Plummer: And you remember, I'm going to have policemen there.
Mayor Ferre: Item 48 has been moved and seconded, read the ordinance. Come
on. Alright, call the roll.
AN ORDINANCE ENTITLED -
gl
AN EMERGENCY ORDINANCE AMENDING SUBSECTION
(a) OF SECTION 38-49 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, BY PROVIDING
FOR THE SALE AND CONSUMPTION OF BEER AND WINE
IN BICENTENNIAL AND BAYFRONT PARKS DURING
SPECIAL EVENTS OR ON OCCASIONS WHEN APPROVED
BY RESOLUTION OF THE CITY COMMISSIONS
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
.55
FES 2 41983
R
Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins
for adoption as an emergency measure and dispensing with the requirement
of reading same on two separate days, which was agreed to by the following
vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Dawkins, adopted said Ordinance by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9573
The City Attorney read the ordinance into the public record and announced
that copies were available to members of the City Commission and to the public.
31. AMEND RESOLUTION 83-105 CONCERNING THE CLOSING OF STREETS TO
THRDUGH TRAFFIC FOR THE SECOND ANNUAL CARNAVAL MIAMI.
Mayor Ferre: Alright, we have a few minutes before 5 and we have a couple
of pocket resolutions that I out of courtesy to others kind of held back in
hopes that we would have some time at the end of the day. Now, but before I
take up Miss Universe, I want to take up a... there is a resolution amending...
Would you explain this Bob Clark. Did you pass these out? The Law Department.
Explain what they are, would you, so we can vote on them.
Mr. Clark: At the time we were Given the information the parade route is on
Flagler Street between 14th Avenue and 21st Court. They did not indicate the
return route of the parade and therefore, in the resolution...
Mayor Ferre: Are you talking about for the Leprechauns?
Mr. Plummer: The what? What are you talking about?
Mr. Garcia Pedrosa: Second Annual Carnaval.
Mr. Clark: No, this is the Second Annual Carnaval Miami. The Paseo.
Mayor Ferre: Oh, carnaval. Ok. Demetrio Perez moves, J. L. Plummer seconds,
is there...
Mr. Plummer: No, no, no, whoa, whoa, he is talking about 14th and Flagler.
Now, tell me a little more.
Mr. Clark: If you will look at the original resolution that was passed, they
only included Flagler Street, the one leg of the parade. They did not include
the return route and that was...
Mr. Plummer: Where is the second leg? Where does that go?
Mr. Clark: It's on lot Street and it just winds its way back toward the point
of origin. It's on lst Street. They go down Flagler Street between 14th
g1 56
FES 2 41g83
44
Avenue and 21st Court. They did not include the second leg, the return route,
which is Southwest lst Street between 21st Court back to 14th Avenue.
Mr. Plummer: Where do they disperse?
Mr. Clark: You will have to ask someone that knows a little bit more about
that than I, Mr. ...
Mr. Garcia Pedrosa: 14th Avenue. 14th Avenue and lst Street.
Mr. Clark: 14th Avenue and lst Street.
Mayor Ferre: Isn't this the same thing we did last year?
Mr. Gary: Yes.
Mr. Plummer: Yes.
Mayor Ferre: Now, is there any problem with this? It's been moved and seconded.
Moved by Perez, seconded by Plummer, further discussion, call the roll.
The following resolution was introduced by Commissioner Perez, who moved
its adoption:
RESOLUTION NO. 83-163
A RESOLUTION AMENDING RESOLUTION NO. 83-105, ADOPTED FEBRUARY
10, 1983, BY AMENDING SECTIONS 1 AND 3 OF SAID RESOLUTION
WHICH CLOSED CERTAIN STREETS TO THROUGH TRAFFIC AND ESTABLISHED
THE AREA PROHIBITED TO RETAIL PEDDLERS DURING THE SECOND ANNUAL
CARNAVAL MIAMI TO ADDITIONALLY PROVIDE FOR THE CLOSURE OF SOUTHWEST
lst STREET BETWEEN 14TH AVENUE AND 21st COURT AND ESTABLISHING SAID
STREETS AS AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD
OF THE EVENT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
32. FORMALIZING RESOLUTION CHANGE MEETING DATE OF MARCH loth CITY
COMMISSION MEETING TO MARCH 18th.
Mayor Ferre: Moved by Plummer, seconded by Carollo, further discussion, call
the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 83-164
A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION MEETING
OF MARCH 10, 1983, TO TAKE PLACE ON MARCH 18, 1983, AT 9:00
A. M.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
gl FES 2 419$
a
Upon being seconded by Coamiissioner Carollo the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
33. ALLOCATE UP TO $100,000 IN CONNECTION WITH ATTEMPTS TO BRING MISS
UNIVERSE PAGEANT TO THE GREATER MIAMI AREA.
Mayor Ferre: I have request here, you all have copies, from Woody Wiser, The
Everglades Hotel, Ronnie Fine and the Columbus Hotel, Marina Park, Howard Johnson
of Sonesta, Four Ambassadors, Skippy Shepard, Omni Hotel and so on that the
City of Miami participate in the Miss Universe Contest this year.
Mr. Carollo: I so move Mr. Mayor.
Mayor Ferre: The request is for a hundred thousand dollars. Let me... Let me...
I will recognize that motion in a second.
Mr. Carollo: See, if we had a lottery, we wouldn't have that problem.
Mayor Ferre: Let me be very specific about what that hundred...
Mr. Plummer: Don't let Dr. Theede hear that.
Mayor Ferre: Plummer, I want you to hear this because you represent us in
some of these Committees and I want you to understand what this is all about
since the papers have not covered it totally. Mr. Harold Glasser, the President
of Miss Universe Pageants, a subsidiary of Gulf and Western came to see me a
year ago about both Miss Universe and Miss U. S. A. At that time I told him
that I didn't think we could afford the million two or million three that it
would cost to bring Miss Universe here and I told him that I thought that Miss
U. S. A. Would be better and... but we didn't have enough time to do it for this
year, that we would work on it for next year. And I talked to the Governor and
I have talked to Steve Clark and other people about it. In the meantime, the
Miss Universe Pageant for reasons that don't need to be specified have decided
that since Colombia is in technical default, the next Miss Universe contest to
be held in Colombia that perhaps it might be a good idea to bring it into the
United States. He has talked to the City of New Orleans and the Mayor there is
Dutch Moreal and he came and he saw me. And I told him that the City of Miami
could not do it alone, but that I certainly would have no objections in sponsoring
it if the Commission would agree to jointly doing it with the County and the
State and Miami Beach. Now, to make a long story short the request for monies
is down to five hundred thousand dollars. It has a whole series of other things
that go with it, such as free hotel rooms for the participants, free automobiles
that we are going to have to get from Avis, Hertz, Budget and so on, and some
police security considerations. Usually, it is a major event and last year
there were over seventy million people that watch it on television and it is
the most watch television spectacular in the history of television. I'm
excluding obviously Roots and the Super Bowl and things like that. This is
an on going spectacle that goes on every year. The viewership in the world,
it's viewed in something like eighty countries and it's close to from half a
billion to one billion people that watch it. Here is where we are: Metropolitan
Dade County has now voted in their subcommittee with Redford descending, but
he is the only descending vote, to come up with two hundred thousand dollars.
Miami Beach wants to get into the picture and has offered substantial money
up to two hundred thousand provided that it be held in Miami Beach. My statement
was that I think since besides the event that's held either at Miami Beach
91 58 FEB 2 4 1983
Convention Center or at the Knight Center or at the City of Miami/University
of Miami James L. Knight Convention and Conference Center, otherwise known as
the Knight Center.
Mr. Carollo: I agree with that with one more substitution I would like to make,
that the youngest member of the City Commission...
Mayor Ferre: Be allow to escort the loser.
Mr. Carollo: No, not the loser. Well, I...
Mayor Ferre: You will take the loser.
Mr. Carollo: Now, look at Plummer here. Plummer wants to bury them all.
Look at him.
Mayor Ferre: Well, let me tell you the caveat that I think we ought to...
Mr. Plummer: I will tell you the real story off the record.
Mayor Ferre: Let me tell you the caveat, because I want to make sure we all
understand what...
Mr. Plummer: Caveat or cadaver.
Mayor Ferre: Whatever. I think we got to... if we vote on this, I think it
ought to be on the following basis. I don't think we necessarily have to
insist that it be in the City of Miami Convention Center because that will
be something that Mr. Glasser will decide. I think what we ought to do
is, we ought to tell Miami Beach we will put up a hundred and you put up a
hundred, the County puts up two hundred and we will try to get some money from
the State and let Miss Universe decide where it goes. I don't really care.
It's their decision. Hey, and I want to say it may not come to Miami, it
may go to Miami Beach, that's fine we will get plenty of views taken of
Coconut Grove and of our new convention center and of Downtown.
Mr. Carollo: I agree with you Maurice. I think that... sure it would be
nice if we could have it at the Knight Center, however, I think that the most
important aspect is that we get it to come to Dade County, whether it's here,
Miami Beach or any where else they want it.
Mr. Plummer: Mr. Mayor, let me... I have no problem on that particular issue.
It is my understanding or it was in the past, Mr. Gary, that Miss Universe is
in fact a money making proposition.
Mayor Ferre: Oh, yes, they wouldn't do it if it weren't. Big money making
proposition.
Mr. Plummer: Well, I got to tell you, I got a problem for them coming here
making money and getting a hundred thousand from this city.
Mayor Ferre: No, five hundred thousand.
Mr. Plummer: No, no, a hundred from us.
Mayor Ferre: Yes, a hundred from us, two hundred... they usually get a million
two by the way. That's what they were...
Mr. Plummer: Mr. Mayor, I am aware of that and I am aware that they went
in default in Cartagena because Cartegena couldn't come up with the money.
Mr. Carollo: J. L., that will probably be the cheapest type of publicity
we could ever get.
Mayor Ferre: Let me tell you what Gene Westphal estimates the value of
that publicity is, thirteen million dollars. Now, so the question is, is
thirteen million dollars worth of publicity worth a hundred thousand dollars
from the City of Miami and if Miami Beach comes up with two hundred thousand
that's their problem and two hundred thousand from the County. Hopefully,
we will get the State involved in this, but Mr. Manager, that would be up
for you to negotiate. I would hope that the motion would be up to a hundred
thousand dollars and let you negotiate with the County and Miami Beach and the
State.
FES 2 41988
Mr. Carollo: Up to a hundred thousand dollars what they are requesting here.
Well, so be it. That will be the motion.
Mayor Ferret Is there a second?
Mr. Perez: Second.
Mayor Ferre: Is there further discussion? Alright, call the roll.
ON ROLL CALL:
Mr. Plummer: You know, I want it, but I just cannot subsidize a company who
is a money making, for profit organization and subsidize them with a hundred
thousand dollars of Miami money. I'm sorry. I think the appropriate place,
if in fact it is for promotion is the TDC. They do promote stuff like this
and as far as I'm concerned that's the appropriate place they should go.
I'm sorry.
Mayor Ferre: I think for us to get a portion of thirteen million dollars
worth of publicity for a hundred thousand dollars is a real cheap bargain.
And the fact that somebody else does better or makes money or it's a money
making operation, thank God it's a money making operation or we wouldn't
have it. You know, people don't put on pageants like Miss Universe just for
philosophical reasons. It's done to make money and if we can go in and get
involved in that bandwagon, now I think Metropolitan Dade County is well advised
to spend two hundred thousand and I think we are well advised to spend a
hundred and I certainly would vote yes.
The following motion was introduced by Commissioner Carollo, who moved its
adoption:
MOTION NO. 83-165
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE
AN AMOUNT OF UP TO.$100,000 IN CONNECTION WITH THE "MISS UNIVERSE
PAGEANT"; FURTHER DIRECTING THE CITY MANAGER TO NEGOTIATE WITH
THE CITY OF MIAMI BEACH FOR AN AMOUNT OF $100,000, WITH METROPOLITAN
DADE COUNTY FOR AN AMOUNT OF $200,000, AND THE BALANCE OF $100,000
TO BE NEGOTIATED AND OBTAINED FROM THE STATE OF FLORIDA: SAID
FUNDING TO BE USED IN AN EFFORT TO BRING TO MIAMI THE 1983 MISS
UNIVERSE PAGEANT.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
ABSENT: None.
34. ALLOCATE AN AMOUNT NOT TO EXCEED $5,500 FOR PROMOTIONAL ACTIVITIES
CONCERNED WITH THE HONG KONG INVESTMENT TRADE FAIR.
Mr. Carollo: Mr. Mayor, the pocket item request that Roy Kenzie had.
Mayor Ferre: He pulled that.
Mr. Carollo: He pulled that?
Mayor Ferre: Yes, because... you mean... are you talking about Brickell
Avenue?
Mr. Carollo: No, no, I'm talking about the investment in American cities,
Hong Kong. .60
gl FEB 2 41988
Mayor Fevre: No, that's not...
Mr. Gary: No, that's not Roy Kenzie's, that was mine.
Mr. Carollo: Oh, that was yours?
Mr. Gary: Yes, sir.
Mr. Carollo: Did we take it up yet or not?
Mr. Gary: No, we haven't.
Mr. Carollo: I liked it. I like it. Good idea, Howard.
Mayor Ferre: Ok, do you need a motion on this? Is that what you want?
Mr. Gary: No.
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Mr. Gary: No, I need a vote on this because of utilization of City funds.
Mayor Ferre: You want to move it, Joe?
Mr. Carollo: Yes, I would like to move it. I just... I make the motion.
I would like to get some additional information on it before we vote though.
Mr. Gary: Ok.
Mr. Carollo: There is a motion, is there a second?
Mayor Ferre: Is there a second?
Mr. Carollo: The motion is...
Mr. Plummer: I just think the proper place it should come from is the TDC.
Mayor Ferre: Nobody is talking about that.
_ Mr. Plummer: I understand, for the Asian Trade Fair. I sit as a member of
the TDC, Mr. Mayor, we did that with ASTA, we spent X number of dollars for
promotion to bring ASTA here and that's what that money is for. It's for
promotion.
Mayor Ferre: TDC could care less whether the City of Miami is represented
at the Hong Kong...
Mr. Plummer: Mr. Mayor, I happen to concur with you, ok and it's very
obvious, but what I'm saying to you I feel it is only right that they should...
it should come from there and I think we need to be a little bit more forceful.
I have been there as a voice.
Mayor Ferre: Hey, look, the question is, do we want representation at the
Hong Kong Trade Fair, "yes" or "no"? Every other American city is going,
Detroit, New York, you name it, they are going. Now, you want to be there or
not, it's just that simple.
Mr. Plummer: Is Metro going?
Mayor Ferre: Sure they are going. They would be crazy not to go and we
would be crazy not to go. That's one of the most important things going on
in the world and certainly in the world for cities.
Mr. Carollo: It sure is.
Mayor Ferre: And I just want to tell you something, that the Hong Kong
Trade Company is opening up a major office in here. When you talk about
Hong Kong you are talking about billions of dollars, not millions. The
Company just has hundreds of millions of dollars invested here
and these are the kind of people we need to bring in this town.
Mr. Dawkins: Call the roll.
gl .61 FES 2 41933
Mr. Carollo: Ok, there is a motion, is there a second?
Mayor Ferre: Perez seconds it, further discussion?
Mr. Carollo: Howard, real briefly. What kind of investments or trade is
there going to be going on in that fair?
Mr. Gary: Well, first of all I would like to say that the reason I am
recommending Roy Kenzie as opposed to a staff from my operation is that he
has already the built-in marketing plan which I think is very good. Secondly,
as you know Hong Kong is a... has been doing a considerable amount of divesting
of its or reallocating its dollars outside of Hong Kong because of the issue
of whether the lease with China will be extended and people are looking for
safe havens for their dollars. They have also demonstrated the fact as
I have mentioned in one of the correspondences that they have just recently
purchased nine million dollars worth of land in Orlando for investment and
we want to let them know what Miami is all about so that we can try to entice
them to come down here and invest their dollars in Miami.
Mr. Carollo: The people that invested that nine million dollars were just,
you are saying private investors, right?
Mr. Gary: Oh, yes, sir.
Mr. Carollo: It was one corporation or just...
Mr. Gary: No, this is just one corporation. So, we would like to...
Mr. Carollo: There are going to be people there from all over the world,
correct?
Mr. Gary: There are going to be people there from all over the world, Germany,
there are going to be people over there from Latin American Countries.
Mr. Carollo: It's like that fair they have in Germany there every year, right,
that...
Mr. Gary: The same one in Germany, Asia, the one in Germany, they have one
every year.
Mr. Carollo: So, that the total price for a booth is five thousand five
hundred dollars?
Mr. Gary: I think the total cost of this is three thousand for the trip and
two thousand for our share of the booths. I think it came up to a total of...
Mayor Ferre: Who are we sharing a booth with, Dade County?
Mr. Gary: We are sharing a booth with Dade County.
Mr. Carollo: Ok, are there going to be other American cities having a booth
like that?
Mr. Gary: Yes, about sixty.
Mr. Carollo: Ok, and that will be March 15th thru 17th. When is the deadline
that we could apply?
Mr. Gary: I don't know, sir.
Mr. Carollo: You might be able to talk to some of the other cities around
and do a joint promotion maybe.
Mr. Gary: Well, the key is, is that Roy's promotion is geared strictly for
Miami, because that's where we want the money to come in.
Mr. Carollo: Alright, is Roy around?
Mr. Gary: Dade County is going to be doing it for Dade County and it may
exclude some of our portions. We want to make sure... we want them to come
to Miami, but if they came to Dade County, terrific.
gl
62
F ES 2 41983
Mr. Carollo: Fine. Ok, alright, vote.
Mayor Ferre: Call the roll.
ON ROLL CALL:
Mr. Plummer: Let my negative vote reflect that I think the money... I am in
favor of the project, but I think that it should come from the TDC.
The following motion was introduced by Commissioner Carollo, who moved its
adoption:
MOTION NO. 83-166
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE AN AMOUNT NOT TO EXCEED $5,500.00 TO BE USED
FOR PROMOTIONAL ACTIVITY OF THE CITY OF MIAMI TO FUND
THE COST OF SHARING A BOOTH WITH METROPOLITAN DADE COUNTY
AT THE HONG KONG INVESTMENT TRADE FAIR IN ORDER TO ATTRACT
INVESTMENT TO OUR AREA; SAID TRADE FAIR TO BE HELD ON MARCH
15-17, 1983; FURTHER APPOINTING ROY KENZIE AS THE CITY
OF MIAMI REPRESENTATIVE TO SAID FAIR.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre.
NOES: Vice -Mayor J. L. Plummer, Jr.
ABSENT: None.
35. DISCUSSION AND TEMPORARY DEFERRAL OF DELAY IN THE IMPLEMENTATION OF
ORDINANCE 9500. (Note: this matter comes up later, same meeting.)
Mayor Ferre: Take up Item 36 Mr. Manager, for second reading. Anybody have
any problems with 36. Anybody here who wishes to speak to 36? 36? Alright,
now the last time around Dawkins made the motion. You want to make it again?
Dawkins moves 36, Perez seconds, further discussion? Go ahead. What?
Mr. Sergio Rodriquez: On Item 36 can we ask you to postpone this until you
hear first all of the other items that relate to the ordinance?
Mr. Gary: There is a reason for that...
Mayor Ferre: Oh, that's the one... alright, I'm sorry, ok. I apologize.
Alright, there are no motions on the floor and we will listen to you. Go
ahead. That's why I asked you Howard.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: What do you want me to do now?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: You want me to go to 37, is that what you are saying?
Mr. Sergio Rodriguez: My name is Sergio Rodriguez, Planning Director for the
City of Miami.
Mayor Ferre: Mr. Rodriguez, the recommendation is that we go to 37, is that
it Howard?
Mr. Gary; Yes.
63
gl
FEB 2 41983
Mayor Ferre: And we are going to come back to 36?
Mr. Gary: We are going to come back to 36.
Mayor Ferre: Ok.
36. DISCUSSION AND DEFERRAL OF CONSIDERATION OF AGENDA ITEMS NUMBER
37 AND 38.
Mayor Ferre: Item 37, any problems with that one? Anybody here want to
speak on that?
Mr. Plummer: Mr. Mayor, yes, I just got a voice and I'm sure I'm going to
be a voice in the woods, but this is J. L. Plummer's carport ordinance as
an amendment.
Mr. Carollo: Wait a minute, wait a minute, now don't change the name now
Joe Carollo made that motion.
Mr. Plummer: Did you? I didn't see that here.
Mayor Ferre: Yes.
Mr. Plummer: I just once again...
Mayor Ferre: Once again, you want to put up a carport.
Mr. Plummer: No, I just once again think that this ordinance is ludicrous.
There are thousands I am told by the department. Literally thousands of
these that will still be in violation of the ordinance as amended.
Mr. Carollo: Well, how was it amended J. L.?
Mr. Plummer: They amended it to bring it down instead of a twenty foot
setback to a ten, I believe.
Mr. Carollo: We requested, if I recall correctly zero setback.
Mr. Plummer: That's right and what I also requested at the time for them
to study and be more concerned about the safety, the erection of safety of
these things and the aesthetic value. I think that is of more primary concern
as a portable structure. I am not speaking about something that can be
enclosed and be made into a living quarters and I know that's their concern.
Mr. Carollo: In fact I think what we should do is include in the ordinance
something to the effect that whatever carports go up have to be either the
aluminium type or that canvas type. I have seen some and I understand your
concerns, that are... they have a regular roof on it with concrete. Those
are the ones that you might have problems with, but I think if we limit them...
Don't you agree Whipple?
Mr. Whipple: Yes, sir. That's the way we have it written just as you stated
it out, sir.
Mr. Carollo: That's good.
Mayor Ferre: Well, what is it you have a problem with? I don't mind concrete.
Mr. Whipple: Well, the basic problem to be the... cut it down to the bottom
line is that we, the Planning Advisory Hoard recommended and the department
concurs and recommends that at least a ten foot front setback be maintained
and Commissioner Plummer suggest there should be no front setback. That's
the bottom line.
gl 64 FEB 2 i9$3
4�'
4
Mayor Ferre: I agree with Commissioner Plummer, for a change.
Mr. Carollo: Hey, I'm the one who suggested the zero setback, Whipple.
Mr. Whipple: Oh, I'm sorry sir.
Mr. Carollo: Yes, why don't you bring it back to the zero setback.
Mr. Whipple: Well, as a possible suggestion, if the Commission desires
that change in the ordinance,"I-think it should be so ordered and done.
Mr. Carollo: I only got about twelve feet from part of my house to the
sidewalk,Whipple. How can I put one up and be within the boundaries of the
ordinance?
Mayor Ferre: Look, I... Look, the point simply is that there are a lot of
people in this town that would like to have carports and I, as long as they
are small units and they are not enclosed and people don't live in them and
you don't have air conditioning and you know, the other amenities, I got
no problems with people putting carports up to their property line. One
carport, you know, per fifty feet or hundred feet or whatever it is.
Mr. Plummer: Hey, Howard, look, you know, I said before and I'm going to
say it again, ok. I think that the department should be more concerned about
safety. That number one, that they are put up properly. Number two, specially
those that appear like mine would on a corner that could possibly block
traffic and number three, that they are aesthetically to the neighborhood,
Ok. And I want to tell you I see nothing wrong as existing already literally
thousands of carports. I will not vote on the issue, because yes, I am in a
conflict, ok, but it doesn't preclude my right to speak.
Mr. Whipple: Commissioner Plummer, if I may just respond. I think we have
covered all your points except the one point.
Mr. Plummer: The ten foot setback.
Mr. Whipple: The ten foot setback and that does perhaps become a safety
problem at the corner. The other setbacks such as sidelines and... would
take care of the safety otherwise in our opinion because we require, for
instance, a separation of the driveway... I'm just trying to point out the
only problem I have with the amendment that you are proposing and that is on
a corner lot.
Mayor Ferre: Whipple, I could buy a corner lot, ok, in Coconut Grove and
people do and they grow hedges, hedges fifteen feet up in the air and you
can't see a damn thing through that.
Mr. Plummer: Oh, I will take you right down to 17th Avenue and Dixie...
Mayor Ferre: So, don't come telling me that a carport is a threat. Come on.
Mr. Carollot I can show you a few furneral parlors in town that you know,
cover the whole darn corner, you know, twenty foot building.
Mayor Ferret Hey, well, I will just put it to you this way, you don't have
my vote and I got nothing... you know, one for the
Mr. Gary% We will continue this.
Mayor Ferre: Alright, there is a motion by Carollo, seconded by Dawkins
to continue Item 37...
Mr. Whipple: And 38 is a companion item, so...
Mayor Ferre: 37 and 38 so that there could be further study on this. And
you will come back with a recommendation. Further discussion?
Mr. Whipple: I take that recommendation with a specific direction of the
zero?'
Mayor Ferre: I think that's what it is.
Mr. Gary: No.
gl 65 FES 2 41983
Mayor Ferre: Well, I think you need to study this whole thing through so
' you come back with something that's reasonable, ok. Call the roll.
THEREUPON THE FOREGOING MOTION TO DEFER ITEM NO. 37 and 38
was introduced by Commissioner Carollo, and seconded by
Commissioner Dawkins, 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: None.
ABSTAINING: Vice -Mayor J. L. Plummer, Jr.
37. FIRST READING ORDINANCE: AMEND CHAPTER 54 STREETS, SIDEWALKS
OF THE CODE OF THE CITY OF MIAMI .. PROVIDE FOR ESTABLISHMENT OF
BASE BUILDING LINES, TEMPORARY ENCROACHMENT, ETC.
Mayor Ferre: Is 40 controversial? Is 40 controversial?
Mr. Gary: No.
Mayor Ferre: An ordinance on first reading. Would you explain 40, Mr. Whipple?
Who is going to do 40?
Mr. George Campbell: Mr. Mayor?.
Mayor Ferre: Yes.
Mr. Campbell: George Campbell representing the Department of Public Works.
Briefly the new zoning ordinance does not address the base building lines
and the established street widths in the City which 6871 did. This is an
amendment to the City Code which will provide for the base building lines
and the proper street widths as it did in 6871.
Mayor Ferre: Does this conflict with... Is this part of 95007
Mr. Campbell: No, sir, this goes under the Chapter 54, "Streets and Sidewalks"
Mayor Ferre: Anybody have any problems with this? Anybody want to speak
to it?
Mr. Plummer: It's first reading right?
Mayor Ferre: First reading, Plummer moves, Perez seconds, further discussion,
read Item 40. Call the roll on first reading only.
AN ORDINANCE ENTITLED -
AN ORDINANCE TO AMEND CHAPTER 54, STREETS AND
SIDEWALKS, OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, BY ADDING SECTIONS 90 TO 99 (INCLUSIVE)
RESERVED; BY ADDING A NEW ARTICLE V BASE BUILDING
LINES, PROVIDING FOR THE ESTABLISHMENT OF BASE
BUILDING LINES, THEIR SPECIFICATION AND MEASURE-
MENT; PROVIDING FOR TEMPORARY ENCROACHMENTS, AND
PROHIBITING ILLEGAL ENCROACHMENTS, REPEALING ALL
ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN
CONFLICT AND CONTAINING A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Perez
and passed on its first reading by title by the following vote-
gl
.6fi FES 2 41983
C.
6
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Commission and to the public.
38. FIRST READING ORDINANCE: AMEND CHAPTER 63 OF THE CODE SUBDIVISION
REGULATIONS PROVIDING FOR PROCEDURES FOR SUBMITTING TENTATIVE AND
FINAL PLATS.
Mayor Ferre: Take up 41. Mr. Manager, that's not controvesial too, isn't
it?
Mr. Gary: Yes, sir.
Mayor Ferre: George?
Mr. Campbell: The present zoning ordinance again, removes all references
to subdivisions and the controls for subdivisions. This addresses that.
This would be a new chapter to the Code addressing subdivision regulations
only and would be parallel to the, City or to the County Code Chapter 28.
We also in this ordinance have somewhat streamlined the process which would
save the subdividers some time in processing their plats.
Mayor Ferre: Anybody want to speak to this? Any problems? Alright, who
makes the motion on 41?
Mr. Carollo: Move.
Mayor Ferre: Moved by Carollo, Perez seconds, further discussion, read the
ordinance. Further discussion, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE TO AMEND THE CODE OF THE CITY
OF MIAMI, FLORIDA, BY ADDING A NEW CHAPTER
TO THE CODE ENTITLED, "CHAPTER 63 - SUB-
DIVISION REGULATIONS"; PROVIDING FOR PRO-
CEDURES FOR SUBMITTING TENTATIVE AND FINAL
PLATS; PROVIDING FOR PROPER REVIEW OF PLATS;
PROVIDING FOR STANDARDS FOR PLATS, PROVIDING
FOR BONDING FOR IMPROVEMENTS IN THE PUBLIC
RIGHTS OF WAY; PROVIDING FOR PROCEDURES, IN -
INCLUDING PUBLIC HEARINGS, FOR VACATION AND
CLOSURE OF PUBLIC RIGHTS OF WAY; PROVIDING
FOR AN EFFECTIVE DATE; REPEALING ALL ORDINAN-
CES, 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 Miller J. Dawkins
Co=issioner Demetrio Perez, Jr.
.Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
91 .67 FES 2 4 '1983
ABSENT: None.
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Commission and to the public.
39. FIRST READING ORDINANCE: AMEND THE CODE BY ADDING A NEW CHAPTER
ENTITLED CHAPTER 64 CITY OF MIAMI GUIDES AND STANDARDS FOR
LANDSCAPE REQUIREMENTS, OFF-STREET PARKING AND RELATED LANDSCAPING.
Mayor Ferre: Take up 42. That's nca- controversial too, isn't it?
Mr. McManus: Mr. Mayor and members of the Commission, Joe McManus, City of
Miami Planning Department. For the record let me point out to you that the
Item 42 as listed on the agenda makes reference to a new Chapter 64 and
amendments to Chapter 35 of the Code. In fact the legislation has amendments
to Chapter 2 of the Code. The substance of the agenda item and the substance
of the advertisement conform to the legislation however.
Mayor Ferre: Ok, is this part of 9500?
Mr. Plummer: No, Chapter 64.
Mr. McManus: Mr. Mayor, we have various standards that are currently in
Zoning Ordinance 6871 on the advice of consultants. They were not included
in 9500. The recommendation was to take them apart on separate standards.
These are dimensions, parking stalls and aisle widths, landscaping requirements.
Mr. Gary: The answer is no.
Mayor Ferre: Is there a motion on 42?
Mr. Plummer: First Reading, go ahead.
Mayor Ferre: Plummer moves, Perez seconds, further discussion on first
reading.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
MIAMI, FLORIDA, BY ADDING A NEW SUBSECTION(8)
TO SECTION 2-135, SAME -DUTIES," PROVIDING
FOR THE FORMULATION OF CITY OF MIAMI GUIDES
AND STANDARDS, ATTACHED HERETO AS EXHIBITS
"A", "B" AND "Cn RESPECTIVELY, AND IN-
CORPORATED HEREIN BY REFERENCE, FOR THE
ADMINISTRATIVE REVIEW OF OFFSTREET PARKING
LOTS, GARAGES AND RELATED LANDSCAPING AND
LANDSCAPING GENERALLY THROUGHOUT THE CITY IN
CONJUNCTION 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.
Was introduced by Commissioner Plummer and seconded by Commissioner Perez
and passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
91 .68 FEB 2 4 19803
M
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.
40. FIRST READING ORDINANCE: AMEND CHAPTER 4, ALCOHOLIC BEVERAGES OF
THE CODE OF THE CITY OF MIAMI, FLORIDA: PROVIDING FOR A DISTANCE
SEPARATION BETWEEN LIQUOR AND/OR BEER AND WINE LICENSEES.
Mayor Ferre: Alright, I guess the next one is 43, amendment to the City
Code Chapter 4, "Alcoholic Beverages". Go ahead.
Mr. Whipple: This is not unlike the previous three items where we are
moving that section which is in the zoning ordinance now into the City
Code with the same requirements as are presently contained in the zoning
ordinance.
Mayor Ferre: Ok, who wants to move this on first reading?
Mr. Plummer: Do we exclude Howard Gary?
Mayor Ferre: Plummer, are you moving it?
(BACKGROUND COMMENT INAUDIBLE)
Mayor Ferre: Plummer moves, is there a second? Perez seconds, further
discussion, read the ordinance. Alright, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 4-3, ENTITLED
"HOURS DURING WHICH SALES ALLOWED; SUNDAY
SALES," OF CHAPTER 4, ENTITLED "ALCOHOLIC
BEVERAGES", OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY ADDING A DEFINITION
OF THE COMBINATION RESIDENTIAL AND COMMERCIAL
DISTRICT IN SECTION 4-3(a); AND BY ADDING
NEW SECTIONS 4-10 THROUGH 4-15 PROVIDING FOR
DISTANCE SEPARATIONS BETWEEN LIQUOR AND/OR
BEER AND WINE LICENSEES AND CERTAIN USES
WITHIN EITHER THE CENTRAL COMMERCIAL DISTRICT
OR COMBINATION RESIDENTIAL AND COMMERCIAL
DISTRICT AND PROVIDING FOR VERIFICATION;
PROVIDING FOR AN EFFECTIVE DATE; REPEALING
ALL ORDINANCES, CODE SECTIONS, OR PARTS
THEREOF IN CONFLICT; AND CONTAINING A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Perez
and passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Commission and to the public.
gl
.69 FEB 2 4 W3
41. DISCUSSION AND DEFERRAL OF CONSIDERATION OF CONFIRMATION AND
READOPTION OF ZONING ORDINANCE 9500.
Mayor Ferre: Now, Mr. Manager, we are back on 36. What's the Commission
recommending?
Mr. Plummer: 39.
Mayor Ferre: 36.
Mr. Sergio Rodriquez: 39.
Mayor Ferre: 397
Mr. Rodriquez: Yes. For the record my name is Sergio Rodriquez, I'm the
Planning Director for the City.
Mayor Ferre: What happened to 367
Mr. Rodriquez: Do you mind if I go through 39 first and explain to you and
then go back to 367
Mayor Ferre: Ok.
Mr. Rodriguez: In relation to Item 39 there has been some concerns expressed
that if we don't present these amendments before the Planning Advisory Board
that we might be open to possible challenges and for this reason I am proposing
to you that we change the schedule in which we present these items and we go
before the Planning Advisory Board on the 16th of March for these amendments
and then come back to you for the first reading on the 24th March, for the
second reading on the 14th of April and the effective date moved to the 15th
of May.
Mayor Ferre: That would be delayed two weeks then, 14 days.
Mr. Rodriquez: A delay of two weeks. And that way we will present all the
amendments before the Planning Advisory Board and we might avoid the challenges.
Mayor Ferre: Ok, now, Mr. Traurig, you and who else represents clients
here that are affected. Ok, affected attorneys- step up right behind Mr.
Traurig and I will recognize you...
Mr. Plummer: Well, I would assume we are going to hear from affected attorneys
representing clients who are opposed.
Mayor Ferre: Oh, sure. We will have some...
Mr. Traurig: I concur in the action that the director is suggesting and
had he not made that suggestion I was going to make the same suggestion and
I do think that for the benefit of the ordinance that's the best procedure.
I would like to raise one other subject though that's a little different than
the procedural aspect.
Mayor Ferre: Ok, go ahead.
Mr. Traurig: Mr. Mayor, if this is going to go back to the P.A.B.,I would
urge that the Commission submit through the Commission to the Planning Department
for consideration and then to the P.A.B. and back to the City Commission a
series of what we consider proposed amendments to this ordinance with regard
to the SPI-5 District.
Mayor Ferre: The what?
Mr. Traurig: That's the SPI-5, formally the RCB District, which is the
Brickell Avenue District.
Mayor Ferre: Ok.
gl
70 FES 2 4 IyQJ
Mr. Traurig: And if you would permit me to submit those amendments...
we don't have to talk about the substance of them now and the Planning Department
and Dr. Bartley as it's consultant can then consider these if we can get
them back te, the P.A.B. and through that route.
Mayor arre: Submitting them directly to the department and they can deal
with them before the P.A.B. and follow our procedure.
Mr. Traurig: Alright, thank you.
Dr. Ernest Bartley: Mr. Mayor?
Mayor Ferre: Yes, sir.
Dr. Bartley: The right of any person to submit or suggest amendments whether
they involve the rezoning of property, changes in the schedule of district
regulations or in the text of the ordinance, of course, is a right which
any individual has at any point in time. What Mr. Traurig is suggesting
is perfectly proper. The initiative in such instance, of course, lies with
Mr. Traurig or Mrs. X, Y or 2 as the case may be. So, he is perfectly in
order to suggest what amendments he would want to suggest. Now, the question
of the...
Mayor Ferre: While Mr. Traurig is taking that initiative that doesn't mean
that we are going to accept them Jim. Now, calm down, now Jim.
Dr. Bartley: That's right. That is my point. That is my point. The
disposition through regular City processes. No one is... I'm not commenting
on what happens to these, but the right to initiate such amendment certainly
lies with Mr. Traurig or any other property owner or representative.
Mayor Ferre: Well, the point simply is this... Now, Howard, stop me when I
say something wrong, because I want to make sure in the record I am correcting
what I'm... We have in this series of things that we were about to pass
things that had not properly gone through the board.
Mr. Plummer: Possible.
Mayor Ferre: So, rather than take a chance and I don't mean to cast aspersions
on Janet Cooper, but in case there is an activist lawyer who represents
Brickell Avenue and wants to challenge it in court1to avoid a potential lawsuit
that would jeopardize orderly procedure and progress in the community, it is
best that we cross all the is and dot all the is and go through the board
process again. Now, that's what you are recommending. Is that right?
Mr. Traurig: Yes, sir.
Mayor Ferre: Ok, now, since Mr. Traurig and I got a feeling others may have
things that they want that perhaps have not been submitted, they have a
perfect right to make the submission and when you consider these others things,
consider those things too, and just follow an orderly process. Any objections
to that? They have got that right. Ok.
Mr. Traurig: Thank you.
Mayor Ferre: Next.
Mr. Eric Rubin: Mr. Mayor, my name is Eric Rubin and I'm general counsel
of Actley Incorporated. We would like to concur with Mr. Traurig and with
the City Attorney's Office and we too, have some amendments which we will
submit in due course. Thank you.
Mayor Ferre: Anybody else?
Mr. Fernando Carrillo: Mr. Mayor, my name is Fernando Carrillo. I live
at 1641 Tigertail Avenue and I also have some amendments that I need to
propose. Thank you.
Mayor Ferre: I figured there would be a lot of amendments. Anybody else?
Anybody else? Any other statements. Now, what legal actions do we need
to take Lucia?
gl
.71 FEB 2 419-83
42. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 9500 BY DELAYING
THE EFFECTIVE DATE OF SAID ORDINANCE UNTIL MAY 15, 1983.
Ms. Allen: You need to pass the ordinance as reflected in #36 as amended.
Mayor Ferre: As amended by what?
Ms. Allen: By changing the effective date of 9500 from May lst to May 15th.
This is the second reading of that ordinance.
Mayor Ferre: This is the second reading?
Ms. Allen: Yes, sir.
Mayor Ferre: And that doesn't do violence. I don't know where all these
attorneys went. I see one back here. Mr. Carrillo, Mr. Traurig. Is Mr.
Traurig around?
Mr. Traurig: Yes.
Mayor Ferre: You better pay attention. Now, what's going on here is we
are going to pass Item 36, which is on second reading and then leave the
effective date until May 15th. Now, that's what I guess you all concurred
with. Mr. Rubin, Mr. Carrillo? Ok.
Mr. Carollo: So, move.
Mayor Ferre: Is there a second?
Mr. Plummer: Well, we have no choice, second.
Mayor Ferre: Further discussion? Ok, read the ordinance. Alright, call
the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, THE
NEW ZONING ORDINANCE FOR THE CITY OF MIAMI,
FLORIDA, BY DELAYING THE EFFECTIVE DATE OF
SAID ORDINANCE UNTIL MAY 15, 1983; PROVIDING
FOR CONTINUATION AND SUBSEQUENT REPEAL OF
ORDINANCE NO. 6871; AND 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 January 13, 1983, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Carollo, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9574
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.
ELI
72 FE8 2 41983
40
43. CONTINUED DISCUSSION AND DEFERRAL OF CONSIDERATION OF CONFIRMATION
AND READOPTION OF ZONING ORDINANCE 9500.
Mayor Ferre: Now, what do we do with 397
Mr. Plummer: You don't move on it.
Mayor Ferre: Continue it. Alright, Plummer moves that Item 39 be continued,
Perez seconds, further discussion, call the roll on the continuation of
Item 39.
THEREUPON THE FOREGOING MOTION TO CONTINUE ITEM NO. 39
was introduced by Commissioner Plummer, and seconded by
Commissioner Perez, and was passed and adopted by
unanimous vote.
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
gl
.'73
MAURICE A. FERRE
Mayor
(S EAL)
FEB 2 41983
i orr Y O� lk 41 AM[
ELD__E A
.0��0 r .;
ITEM NO DOCUMENT IDENTIFICATION
1.
2
3
4
5
6
7
Rl
0
ACCEPT PLAT "MIAMI FASHION CENTER SECTION 1"
ACCEPT PLAT "GROVE SQUARE"
AUTHORIZE CITY MANATER TO EXECUTE CONTRACT WITH DR.
ERNEST R. BARTLEY, FREDERICK 11. BAIR, JR. AND ROBERT
M. LEARY ADMINISTRATIVE CONSULTANT SERVICES NEW
ZONING ORDINANCE NO. 9500
ALLOCATE AN AMOUNT NOT TO EXCEED $12,500 WITH OTHER
GOVERNMENTAL AGENCIES FOR REi) CROSS DISTRIBUTION
OF CHEESE TO THE NEEDY.
APPROVE PERMISSION TO CONSTRUCT AND OPERATE THREE
PIERS INTO BISCAYNE BAY AT APPROXIMATFLY 199 to 515
BISCAYNE BOULEVARD
CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELEC-
TION TO BE HELD NOVEMBER 8, 1983, ON A PROPOSED CITY
LOTTERY.
AMEND RESOLUTION 83-105 CONCERNING THE. CLOSING OF
STREETS TO THROUGH TRAFFIC FOR THF. SECOND ANNUAL
CARNAVAL MIAMI
FORMALIZING RESOLUTION CHANCE MEETING DATE OF MARCH
LOTH CITY COMMISSION MEETING TO MARCH 18TH.
MEETING DATE:
Peoruary 24, 1983
ISSION
R-83-155
R-83-1.56
R-83-157
R-83-158
R-83-160
R-83-162
R-83-163
R-8 3-164
83-155
83-156
83-157
83-158
83-160
83-162
83-163
83-164
t