HomeMy WebLinkAboutCC 1982-11-10 Minutes%t •`
CITY OF MIAMI
COMMISSION
MINUTES
OF MEETING HELD ON November 10, 1982
(PLANNING AND ZONING)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G. ONGIE
CITY CLERK
- � r
It&fX
LIiYIMISSIQJ rAMI, Fl.ORID4
To gyp,
P & z: 11/l0/82m�
RESONANCE oNo
SOLUTION
PAGE NO,
1
DISCUSSION ITEM AND PERSONAL APPEARANCE: ANNE
MARIE ADKER. RE: CULTURAL PROGRAMS IN THE OVERTOWN
AREA.
DISCUSSION
1-3
2
DIRECT CITY MANAGER TO MEET WITH REPRESENTATIVES OF
BOOKER T. WASHINGTON JR. HIGH SCHOOL FUNDING REQUEST.
RE: ORATORICAL CONTEST.
M-82-1058
3-4
3
GRANT REQUEST MADE BY LITTLE HAVANA ACTIVITY CENTER
FOR USE OF COCONUT GROVE EXHIBITION HALL ANNUAL
CHRISTMAS PARTY FOR ELDERLY CITIZENS.
M-82-1059
4-5
4
DIRECT CITY MANAGER TO REDUCE RE14TAL FEE 50%
BAYFRONT PARK AUDITORIUM NATIONAL COUNCIL OF JEWISH
WOMEN.
M-82-1060
5
5
FOR14ALIZING RESOLUTION APPOINT MARTA PRADO TO THE
HEALTH FACILITIES BOARD.
R-82-1061
6
6
FORMALIZING RESOLUTION PERMITTING SALE OF ALCOHOLIC
—
BEVERAGES BY LIQUOR PACKAGE STORES (NCOP)
ON ALL SUNDAYS DURING THE MONTH OF DECEMBER.
R-82-1062
7
7
DIRECT CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO
EXCEED $350 FOR USE OF BAYFRONT PARK AUDITORIUM "8TH
ANNUAL NEEDY SENIOR CITIZENS' DINNER".
M-82-1063
7-8
8
DIRECT CITY MANAGER TO INSTRUCT ART IN PUBLIC PLACES
COMMITTEE TO CHOOSE CUBAN ARTISTS FOR A MURAL AT
-
JOSE MARTI PARK.
M-82-1064
8
9
BRIEF DISCUSSION ITEM: UPCOMING ART FESTIVAL AT ST.
STEPHENS CHURCH, COCONUT GROVE.
DISCUSSION
9
10
SECOND READING ORDINANCE: AMEND ORDINANCE 6871,
ARTICLE 3, ZONING DISTRICTS BY ADDING SPD-7, COCONUT
GROVE SPECIAL CONSERVATION OVERLAY DISTRICT.
ORD. 9521
9-20
SECOND READING ORDINANCE: APPLY PROPOSED SPD-7,
COCONUT GROVE SPECIAL CONSERVATION OVERLAY DISTRICT
TO PROPERTY LOCATED 2937 S.W. 27TH AVENUE a/k/a/
_
2937 AVIATION AVENUE.
ORD. 9522
21
_ ?2
SECOND RENDING ORDINANCE: ADD NEW SECTION 15120, SPI-
pr tr,
12, COCONUT GROVE SPECIAL CONSERVATION OVERLAY
'
DISTRICT INTO THE NEW ZONING ORDINANCE NO, 9500.
ORD. 9523
22
"}
SECO D READI:NG ORDINANCE: ADD THE NEW SPI-12
"COCONTUT GROVE SPECIAL CONSERVATION OVERLAY DISTRICT"
TO THE NEW OFFICIAL ZONING ATLAS OF THE NEW ZONING
ORDINANCE NO. 9500.
ORD. 9524
23
1 Y
BRIEF DISCUSSION: BY ATTORNEY REPRESENTING APPLICANT
RE: �,ITHDRWAL OF APPLICATION FOR CHANGE OF ZONING
+.;
AT 1:52 N.W. 7TH STREET FROM R-C TO C-4.
DISCUSSION
02-25
a
DISCUSSION AND CONTINUED FOR ADDITIONAL INFORMATION
:=ROPOSED Cli-�"'iGE OF ZONING APPROXIMATELY 2629-2645
Scil.'TH B YSiiORE DRIVE FROM R-4 TO R-C,
DISCUSSION
25-30
`
BRIEF DISCUSSION AND CONITINUED PROPOSED ORDINANCE
t
w'HICH :COULD AMEND ORDINANCE 6871, ARTICLE X-1, HIGH
DENSIT'_' 'SULTIPLE—R—SA AND DIRECTING CITY CLERK TO
kt'�^
RiyD. RTISE.
M-82-1065
30-34
4
INDEX
CI�IC�T',ISSINiMIRAPI, Hr ID4
PAGE # 2
No.
P & Z: 11/10/82 aucT
rsOWTION �i o
PACE N0,
17
PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS.
DISCUSSION
34
18
GR &T APPLICATION FOR ONE YEAR EXTENSION OF
CONDITIONAL USE AND VARIANCE TO JOSE MANUEL RIPOLI FO
MEDICAL/DENTAL OFFICES AT 1215 S.W. 37 AVENUE.
R-82-1066
36-37
R-82-1067
19
DISCUSSION ITES: SIX MONTH REVIEW OF CO:�NNITY BASED
RESIDENTIAL FACILITY LOCATED AT 3175 JACKSON AVENUE.
DISCUSSION
37-38-
20
DENY APPEAL BY CELESTINO VAZQUEZ FOR VARIANCE
FOR RESIDENCE LOCATED AT 3889 B.W. 2 STREET.
M-82-1068
38-42
21
UPHOLD GRANTING OF CONDITIONAL USE TO PERMIT
ADDITION LOT 1, BLOCK 9, OVER BROOKE PARK,
LOCATED AT 3400 S.W. 28TH STREET.
R-82-1069
43-47.
22
DISCUSSION AND CONTINUED FOR FURTHER INFORMATION AN
APPEAL BY THE PLANNING DEPARTMENT OF THE VARIANCE
GRANTED FOR OFFICE BUILDING LOCATED 1198 SOUTH
BAYSHORE DRIVE.
M-82-1070
48-53
23
A.END NASHER PLAZA DEVELOPMENT ORDER APPROVED BY
RESOLUTION NO. 80-790 OCTOBER 30, 1980.
R-82-1071
54-57
24
A=D DOWNTOWN GOVERNMENT CENTER DEVELOPMENT ORDER
APPROVED BY RESOLUTION NO. 81-343, APRIL 23, 1981.
R-82-1072
57-58
25
ACCEPT PLAT "LE JEUNE TOWN VILLAS SUB".
R-82-1073
59
26
ACCEPT PLAT "RIC-DAY-SL'B."
R-82-1074
59-60
27
AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT
WITH BELAFONTE- TACOLCY CENTER, INC. FOR PANTRY PRIDE
PROJECT.
R-82-1075
60-61
28
AUTHORIZE CITY %IANACER TO WAIVE RESTRICTIONS FOR SALE
OF ALCOHOLIC BEVERAGES NEW YEAR'S EVE IN CONNECTION
WITH "FIESTA BY THE BAY."
M-82-1076
62-65
29
DISCUSSION AND CONTINUED FOR FURTHER STUDY PROPOSED
SECOND READING ORDINANCE PROHIBITING USE OF CABLE
T.V. FOR DISTRIBUTION OF OBSCENE OR INDECENT MATERIA
DISCUSSION
65-66
0
RESOLUTION RESCINDING IN ITS ENTIRETY RESOLUTION
NO.82-982, 'WHICH HAD CALLED AND PROVIDED FOR A
SPECIAL MUNICIPAL ELECTION TO BE HELD DEC24BER
14, 1982 RE: P0%N OGRAPHY ON CABLE T.V.
R-82-1077
66-67
F'_RST RrA.DI`IG ORDINANCE- XME3D ORDINANCE 6871,
ARTICLE XV, CENTRAL CO�TMIERCIAL C-3 SEC. 2 TO
ALLOW INTERIM PARKING LOT WITHIN 1500 FEET OF THIS
DISTRICT.
FIRST READING
67-68
_2
: IRST ZE .DIi�G OR:�I';ntiCE: A.'ND ORDINANCE 9500
SCHEDULE OF DISTRICT REGULATIONS FOR CBD-1,
CE':TRAL CO'2'!ERCIAL PRINCIPAL USES TO ALLOW
...TTERI`! ?AFf.ING LOTS WITHIN 1500 FEET OF THIS
I
i l :—T (7".
FIRST READING
69- 7 0
104
33
34
35
36
37
38
39
C4I9ISSI0tT0'F MIAMFMIDA
P & Z: 11/10/82
SECOND READING ORDINANCE: AMEND ORDINANCE 6871,
ARTICLE IV, TRANSITIONAL USES, IN RESIDENTIAL
DISTRICTS: RESTRICTING TRANSITIONAL USE APPLICATIONS
FOR SITES NEWLY REPLATTED.
SECOND READING ORDINANCE: AMEND ORDINANCE 6871,
ARTICLE XIV-C-2 DISTRICT, ARTICLE XIV-1 C-2A
DISTRICTS, AND ARTICLE XVI-C-4 DISTRICTS TO PERMIT
TWO RETORTS AS ACCESSORY USES TO MORTUARIES
AND FUNERAL HOMES.
FIRST READING ORDINANCE: AMEND THE CODE ADD A NEW
SECTION 18-73 ENTITLED MINORITY CONTRACTOR
PROCUREtEIN7 PROGRAM PROVIDE FOR 50% SET ASIDE
FOR MINORITY CONTRACTORS.
PUBLIC HEARING: PERSONS FOR AND AGAINST THE
PROPOSED 1 CENT SALES TAX AND ELECTION TO BE HELD
DECEMBER 14, 1982.
SECOND READING ORDINANCE: CREATE AND ESTABLISH
THE MLAOMI SPORTS AUTHORITY; INCLUDES MOTION OF INTENT
OF RETENTION OF CERTAIN MEMBERS AND NAMES TO BE
SUBMITTED TO BE CONSIDERED AS CHAIRMAN AND VICE
CHAIR'-L N.
FORMALIZING RESOLUTION. APPOINT COMMITTEE TO ADVISE
ON IMPLEMENTATION OF GOALS AND OBJECTIVES OF CITY
COMMISSION RE: ONE CENT SALES TAX REVENUES AMENDED
TO READ �251,uuU iOn REQUIRED STUDIES AND
INFORMA!'IONAL BROCHURES.
RESOLUTI014 JOINING IN DENUNCIATION OF HUMAN RIGHTS'
VIOLATIONS IN CUBA.
PAGE # 3
pQ�RDINMCE OR
REsoulTlaN NO, I PAGE NO.
ORD. 9525 70
ORD. 9526 71
FIRST READING
DISCUSSION
ORD. 9527
M-82-1078
R-82-1079
R-82-1080
72-80
80-96
96-98
100-10
102-10
MINL"TES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the loth day of November, 1982, the City Commission of Miami, Florida, met
at its regular meeting place in the City Hall, 3500 Pan American Drive,
Miami, Florida in regular session.
The meeting was called to order at 11:15 A.M., by Mayor Ferre with the
following members of the Commission found to be present:
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
ABSENT: Commissioner Joe Carollo
ALSO PRESENT:
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 ITE:1 A:,D PERSONAL APPEAPANCE: AN14E MARIE ADKER
re CULTURAL PROGIUL%iS IN THE OVERTOWII AREA.
Mayor Ferre: Mrs. Adker, the Chair recognizes you.
Ms. Anne Marie Adker: I am Anne Marie Adker. I reside on N. W. 8th Street,
that is Overtown. I was deferred from last week. I came here to ask the
Commission to freeze the money for the Cultural Arts Program in Overtown. I
think Mr. Howard will make his presentation first.
Mr. Albert Howard: Good morning, my name is Albert Howard, I am the Director of
Recreation. As requested by the City Manager, Mrs. Adker and I and Staff met
last Monday to discuss the problems that arose here at the meeting. Before
you is a packet which at your own perusal, if you would like to look at it
would indicate the number of staff that we have at Gibson, the recreational
staff, both in the Cultural Program and in the Recreational Program. It will
also show you the budget, which was allotted to G. Kitchen. or to Gibson Park,
of '123,000 and how the expenditures are being made and what expenditures were
Wade. It also indicates, I think, a bottom line, and since we have taken
this program over in August, we have increased attendance from thirty-eight
to two hundred and forty. If you look through the entire packet, you will
see all of the programs that we have in Culture, which is our dance, our
drama, our arts and crafts, field trips for the children and quite an ex-
tensive comprehensive recreational program. We have all expanded the pro-
gram out of Gibson into Williams, into Reeves Park, into Dorsey Park. We
have made a well rounded community program, not only in Gibson, but in all
(arks. We have increased the numbers by three times. I feel we have a good
program there now. I think we should be given a chance. We only took it
over a few months ago, since that program was revived. And I think we have
made some great progress. I think it can stay right where it is and we can
cii,fr a well-rounded program to the community.
Mayor Ferre: All right. Mrs. Adker.
NOV 10 1982
k
0
Ms. Adker: Unfortunately, I haven't seen that particular copy.
Mayor Ferre: Ms. Adker, what is it you want us to do specifically?
Mrs. Adker: I specifically came here for no controversy at all. I am asking
for the Cultural Arts money.
Mayor Ferre: How much is involved?
Ms. Adker: $23,200.
Mayor Ferre: We have already expended $19,314 of those.
Ms. Adker: On what?
Mayor Ferre: So you are talking about...well, I do not know! Mr. Manager?
Mr Gary: Mr. Mayor, Mr. Howard has just informed the Commission how those
funds have been expended. We have been utilizing those funds as well as
normal City funds, I mean normal, due to the fact that they are General Funds.
Mayor Ferre: Okay, that is what it says here. Gwendolyn Kitchen has gotten
$2900, plus $525; Gloria Brown...
Ms. Adker: Gwendolyn Kitchen was an employee of Recreation for a couple of
years, alright? The staff that he has taken on for cultural programs haven't
had their first paycheck yet. Where is that money? I am not putting up any
argument.
Mayor Ferre: Anne Marie, just hold on for a second. The monies have been
expended as follows. Gwendolyn Kitchen; Gloria Brown, the dance instructor;
_ and Sharon Simon, the drama instructor, they each worked thirty—two weeks
and that amounts to $10,275. Now, Mr. Manager, what is your recommendation?
Mr. Gary: Mr. Mayor, first of all, I would like to say that we appreciate
Ms. Adker's concern for the community and we would like to have Ms. Adker
work along with us in terns of developing cultural programs. I would agree
that we would sit down with Ms. Adker again and infuse in our program some
of the wishes that she and the people she represents would like to have done.
I think it is important to note...
Ms. Adker: Mr. Gary, when I was here last week, I told you that we are in
the process and we have been given the Culmer Center at 490 N. W. llth Street
as a building where I would like to move our Cultural Arts Program. This is
what I was saying to you. That was the reason for me coming before you for
the money. However, in the same tone, I said that I will come back with a
proposal for those monies and I wanted the money. You know, here I have
Gloria Brou-n, dance instructor, Monday through Thursday and this is going
through our park from four o'clock until eight o'clock. Do you know that it
is dark at six o'clock? I don't want my kids in the streets at six o'clock,
and these programs for everything are from four to eight o'clock. Here is
one with sewing from seven to ten o'clock. These are geared for adults, be—
cause I understand in their program, they have nothing to offer kids under
the age of eight. I am not Going to argue, I really am not. I just wanted a
freeze on the money as long as the stipulation says on the Community Develop—
ment Funds that the money was supposed to go to Cultural Arts.
y..
'^.avor Ferre: All right, Ms. Adker, let's bring it to a head. You want to make
1 Notion on that, "Biller?
Dawkins: Let's hear the Manager. Whatever the Manager recommends, I have
.;o along with.
G<rv: You 'know, if the truth be spoken, Mr. Mayor, I think there is about....
r Ferre: what she is asking for is a temporary freeze until we get this
ti.i.n} worked out, Mr. Manager. And I will tell you, if we can accomodate Ms.
Adt:er, 1 :could like to do that, if it is possible, unless it does a great deal
Of %iolencv_ to something.
Mr. Gary: `'es, sir.
02 NOV
10 1982
k
6
Mr. Dawkins: Then freeze the money until we can work it out.
Mayor Ferre: Is that all right now on a temporary basis?
Mr. Gary: Mr. Mayor, we will continue the program that we have in existence.
We will freeze those specific funds and I will let you know right now that
Ms. Adker, Herbie McKnight, are not going to interfere any longer in that
program and we are going to continue the program for the well being of that
community. And I have no problem with freezing that portion.
Ms. Adker: Mr. ...
Mr. Dawkins: Okay, hold it, Ms. Adker.
Ms. Adker: Mr. Manager, pleasel Ms. Adker speaks for Ms. Adker, all right?
Mayor Ferre: All right, Mrs. Adker, now in other words, we are going to freeze
(do I understand this right?), we are going to freeze this on a temporary basis
until we try to work this problem out?
Mr. Gary: Yes, sir.
Mayor Ferre: Is that all right, Ms. Adker?
Ms. Adker: That is fine.
Mayor Ferre: Do you need a motion to that effect?
Mr. Gary: No, sir.
Mr. Dawkins: But, I want everybody to understand now, the Manager says that
the program will be continued from four to eight o'clock. Now, if nobody
attends it, that is not our problem.
Ms. Adker: But under Recreation, right?
Mr. Dawkins: Yes, Ma'am, but the remaining funds, not the total amount, but
the amount of money that is left in there will be frozen until we work some-
thing out.
Mayor Ferre: All right, thank you, Ms. Adker.
Ms. Adker: Thank you very much.
2. DIRECT CITY ItA;AGER TO MEET WITH REPRESENTATIVES OF BOOKER T.
WASHII;GT0i7 JR. HIGH SCHOOL FU1?DING REQUEST re ORATORICAL CONTEST.
Mr. Dawkins: The other pocket item, Mr. Mayor, I don't see Mr. Hunt, or any-
one from Booker T. Washington, but they did have ... Mrs. Gibson, would you come
forward, please?
Mayor Ferre: Mrs. Gibson, you know we are always honored with your presence
here.
Mr. Dawkins: Each year Booker Washington has held a oratorical contest and
they have changed it to become the Theodore Gibson Oratorical Contest, and
where they depended on Father Gibson to provide the funds each, year, he is
no longer here.
Mayor Ferre: Well, he is in spirit!
Mr. Dawkins: Okay, so I would like to, since no one from Booker Washington
came, they are already into this program, and Father Gibson always gave them
$15,000 to buy trophies and what"have you, I would like to move that they
contact the Manager and work out a way to receive these funds for this
program.
03 NOV 101982
Mayor Ferre: All right, there is a motion on the floor.
Mr. Dawkins: Whatever he gave them last year - I don't even remember.
Mayor Ferre: There is a motion on the floor. Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Call the roll on the motion.
The following motion was introduced by Commissioner Dawkins, who moved its
adoption.
MOTION NO. 82-1058
A MOTION DIRECTING THE CITY MANAGER TO MEET WITH REPRE-
SENTATIVES OF BOOKER T. WASHINGTON JR. HIGH SCHOOL IN
REGARD TO A REQUEST FOR FUNDING IN AN AMOUNT NOT TO EX-
CEED $15,000 FOR AN ORATORICAL CONTEST.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
■ Mrs. Theodore Gibson: Let me just say on behalf of my late husband, the
Reverend Theodore R. Gibson and the Booker T. Washington Junior High School,
I would like to say thank you to the Commission and the Mayor and all the
people here who allow us to keep these young people competing and that is
important and I think that is what it is all about for young people today.
Thank you so much.
Mayor Ferre: Mrs. Gibson, it is not you that has to say thank you, it is we
that thank you and Father Gibson, God rest his soul, for the many, many years
of dedication to making this a better community and I am very, very happy to
see that you are active and continuing the support of important things like
this. Thank you, Ma'am.
Mrs. Gibson: Thank you, very much.
GRA:'T REQUEST MADE BY LITTLE HAVANA ACTIVITY CENTER FOR USE OF
COCONUT GROVE E:OiIBITION HAIL ANNUAL CHRISTIiAS PARTY FOR ELDERLY
CITIZENS.
`".avor Ferre: Item Number one that I have here in pocket items is the request
b� the Little Havana Activities Center for use of the Coconut Grove Exhibition
Center on December 15th for annual Christmas party for over twenty-five hundred
_ .Jeriy citizens. Now, we did that last year.
�!r. F'_ummer: ':es, we did it at Bavfront, but we did do it.
'!j.ir ?�rr�,. =•};e •, are going to have twenty-five hundred, and these are senior
r . .., aki.... . move it, Mr. 4ayor.
.ii right, moved by Miller Dawkins. Is there a second?
'fir. Perez: Second.
04 Nov 101982
0
Mayor Ferre: Second by Demetrio Perez. Further discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved its
adoption.
MOTION NO. 82-1059
A MOTION GRANTING A REQUEST MADE BY THE LITTLE HAVANA
ACTIVITIES CENTER FOR USE OF COCONUT GROVE EXHIBITION
HALL ON DECEMBER 15TH FOR THEIR ANNUAL CHRISTMAS PARTY
FOR ELDERLY CITIZENS; FURTHER DIRECTING THE CITY MANA-
GER TO ALLOCATE A GRANT IN THE AMOUNT OF $6,767.00 IN
CONNECTION THEREWITH.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
4. DIRECT CITY HANAGER TO REDUCE RENTAL FEE 50% BAYFRONT PARK
AUDITORIUM 1ATIONAL COUNCIL OF JEWISH WOME0.
Mayor Ferre: Item Number two is request by the National Council of Jewish
Women to reduce the rental fee for the use of Bayfront Park Auditorium for this
year's annual spree. Now, this is a request. in the past, they used to do
this and I guess it was an automatic thing, but with our new rules and regu-
lations, now... this is letter from Nan Rich. Is she here, by the way? This
is the National Council of Jewish Women and they wrote Mr. Gary and Mr. Gary
said it had to come up before the Commission and the National Council of Jew-
ish Women of Greater Miami is a volunteer organization. Its members serve
the community through various service projects.
"Our aim is to improve the quality of life of individuals of all
ages, races and religions and socio-economic levels. In '71 they
_ rented Bayfront Park Auditorium for an annual three-day sale..."
and so on, and it is day care centers for children of working parents,
volunteers to assist in U. S. resettlement programs, braille library and so
on. It is a very, very owrthy organization. They respectfully request that the
rental fee be reduced by 50'%. Is there a motion? That is to $750 per day.
'loved by Demetrio Perez. Is there a second?
'tr. Plummer: Second.
:la•ror Ferre: Further discussion? Call the roll.
'he following motion was introduced by Commissioner Perez, who moved its
,,ci ��t_on.
MOTI014 NO. 82-1060
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO REDUCE THE RENTAL FEE FOR USE OF BAYFRONT PARK
AL*DIT_ORIUM BY 50% IN CONNECTION WITH A REQUEST MADE
BY THE "NATIONAL COUNCIL OF JEWISH WOMEN: FOR THEIR
3-DAY SALE ("A1fi'UAL FASHION SPREE").
05 NOV 10 1982
M
�41
6°
f:;
,'j
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
5. FOR11ALIZIi;G RESOLUTION APPOINT MARTA PRADO TO THE HEALTH
FACILITIES BOARD.
Mayor Ferre: The third thing I have is a formalizing of the appointment of
Marta Prado to the Health Facility Authority for the vacancy that has been
unfilled.
Mr. Plummer: So moved.
Mayor Ferre: Is there a second?
Mr. Perez: I second.
Mayor Ferre: Further discussion? This is a resolution resolving the appoint-
ment of Marta Prado to the City of Miami Health Facilities Authority to serve
a term thereon expiring June 3, 1985. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-1061
A RESOLUTION APPOINTING AN INDIVIDUAL TO THE CITY OF MIAMI
HEALTH FACILITIES AUTHORITY TO SERVE A TERM THEREON EXPIR-
ING JUNE 3, 1985.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote -
:AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
`favor Maurice A. Ferre
;OES: Yone
Commissioner Joe Carollo
,-OR THE RECORD: T`iis Resolution appointed MARTA PRADO to the hereinabove
06 NOV 10 1982
L
6. FORMALIZVOG RESOLUTIOIT PERI:ITTIl,G SALE OF ALCOHOLIC BEVERAGES BY
LIQUOR PACKAGE STORES (11COP) Oil ALL SU►'DAYS DURIi G THE MONTH OF
DECE,'iBER.
Mayor Ferre: The next one is a resolution permitting the sale of alcoholic
beverages by Liquor Package Stores, N.C.O.P....
Mr. Dawkins: So moved.
Mayor Ferre:....on all Sundays during the month of Decmeber '82 during the
hours of 10:00 A.M. until 10:00 P.M. Moved by Miller Dawkins.
Mr. Perez: Second.
Mayor Ferre: Second by Demetrio Perez. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 82-1062
A RESOLUTION PERMITTING THE SALE OF ALCOHOLIC BEVERAGES
BY LIQUOR PACKAGE STORES, N.C.O.P. ON ALL SUNDAYS DURING
THE MONTH OF DECEMBER, 1982, DURING THE HOURS OF 10:00 A.M.
THROUGH 10:00 P.M.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mavor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
i . DIRECT CITY MA:'AGER TO ALLOCATE AN AMOUITT NOT TO EXCEED $350
FOR USE OF BAYFRONT PARK AUDITORIUM ""vTH ANNUAL i1EEDY SENIOR
CITIZENS' DINNER".
*favor Ferre: The last one is Don Brandon representative of Golden Years Inc.,
a non-profit organization who wishes to be heard in reference to waiver fees
fcr the use of the Bavfront Auditorium December 9th. Is Mr. Don Brandon of
Cc:lden Years here? All right, Mr. Brandon, the Chair recognizes you.
:!r. Don Brandon: Honorable Mayor and Commissioners, for the past seven years
we have used Bavfront Park Auditorium to entertain and feed one thousand needy
senior citizens. This year, due to the economic conditions, we asking the
Cc=ission to waive the fee. we are having a terrible job raising enough money
to reed them.
Ferre: '".r. Erandon, what is your specific request, sir?
',!r. c:randon: To waive the $350 fee that we have been paying during the past
.-even .ears.
"Idvor. Ferre: For Golden Years?
Id
0'7
NOV 10 1982
11PA,
4}
Mr. Brandon: Yes, sir.
Mayor Ferre: All right, is there a motion?
Mr. Dawkins: I move.
Mr. Perez: Second.
Mayor Ferre: It has been moved and seconded. Further discussion. Call the
roll.
The following motion was introduced by Commissioner Dawkins, who moved its
adoption.
MOTION NO. 82-1063
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE AN AMOUNT OF NOT TO EXCEED $350.00 FOR THE USE
OF BAYFRONT PARK AUDITORIUM IN CONNECTION WITH A REQUEST
MADE BY GOLDEN YEARS, INC. FOR THEIR "STH ANNUAL NEEDY
SENIOR CITIZENS DINNER" TO BE HELD ON DECEMBER 9, 1982.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
u. DIRECT CITY MANAGER TO II:STRUC: ART IN PUBLIC PLACES C0121ITTEE TO
CHOOSE CUBAN Ar^.TISTS FOR A `LRAL AT JOSE !iARTI PARK.
Mayor Ferre: This is regarding the mural at Jose Marti Park. The only Cuban
artists invited to present works are not well known, and the rest are Italian
Anglo, etc. Lopez Dirube, the best known of Cuban muralists is not even
included. It is the request of members of the Cuban community that have been
calling my office that the Jose Marti Park mural should go to a Cuban artist,
and I think that is a reasonable request.
Mr. Daawkins: So moved.
`;r. Perez: Second.
�. "!a•:vr Ferre: It has been moved and seconded that the committee, that is,
for isrown, Lester Pancoast, Margarita Cano, Nora Swan and Ralph Johnson be
_:;strutted that they choose for the mural at Jose Marti Park a Cuban artist.
discussion? Call the roll.
"'lie _ollcwing motion
was introduced by Commissioner Dawkins, who moved its
;cc;ptiar:.
-{'
MOTION NO. 82-1064
',!C)TIOi AUTHORIZING AND DIRECTING THE CITY MANAGER
TO IN-
';;'i.:T
THE ART
IN PUBLIC PLACES COMMITTEE TO :.NOOSE
A CUBAN
_, .
'' FOR THE
Mt�`RAL TO BE DONE AT .JOSE MARTI PARK.
L"'(,n ce'ng seconded
by Commissioner Perez, the motion was passed and
e following
vote:
08
NOV 101980
4,:A_
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
9. BRIEF DISCUSSION ITEM: UPCOMING ART FESTIVAL AT ST. STEPHENS
CHURCH, COCONUT GROVE.
Mayor Ferre: Are their any other pocket agenda items at this time? Quickly.
Non controversal only.
Ms. Joanne Holzhauser: I hope not. I think you are going to like this. I
might surprise you, Maurice. Joanne Holzhauser. I live at 4230 Ingram High-
way in Coconut Grove, and I would like all of the Commissioners and the other
people who have known the work I have done with art festivals and the contro-
versies in the Grove to know that on the first weekend in December, St. Stephens
Episcopal Church is giving an art festival for the public on the grounds. It
will be fifty Florida artists. Most of them are actually South Florida artists
and we are doing this in cooperation with the Chamber of Commerce and the busi-
iness people of Coconut Grove as they kick off to what we think is going to be
a grand December and we would like everyone to come and visit us on the grounds
of the church and we are not asking the City for anything, but be our guest.
Thank you very much.
Mayor Ferre: That is the first time I have heard that today and I want to
tell you how much I appreciate being invited without being asked for money.
10. SECOND READING ORDINANCE: AMEND ORDINANCE 6871, ARTICLE 3,
ZONING DISTRICTS BY ADDI"IG SPD-7, COCONUT GROVE SPECIAL CONSER-
VATION OVERLAY DISTRICT.
Mayor Ferre: Now we are on the agenda - Item Number one, this is an ordinance
on second reading, Coconut Grove special consideration. Mr. Luft.
--
Mr. Jack Luft: Mr. Mayor and members of the Commission, Ladies and Gentlemen,
this is an item to create and apply a Heritage Conservation District to pro -
pert;: at 2937 S. W. 27th Avenue, otherwise known as the Gifford Home, currently
the office; of Mr. Alfred Parker. The intent of this district is to provide
for certain regulations and incentives to promote the preservation of this
structure and the development of an office building in accord with the cur-
rent zoning, which provides for office development. I would draw your atten-
tion to one particular fact as a result of the first hearing. You will recall
fit
at the first hearing we came to you with the recommendation from the Planning
Advisory Board for a ten font yard area setback. It was discussed at that
•}`
t.me and the architect for the the project pointed out that that would elimi-
Y'
nate much of his parking and it was at that time that I suggested that we
go with a five foot setback for the parking structure and a ten foot setback
for the building. I chink there was some confusion on the motion, but in
Working through with the Law Department, we have prepared the language in an
erdin:.nce that does provide for that situation - five foot setbacks for the
p r,rktn;; level and a ten foot setback for the building.
AyerFerre: :113t is not the way that it passed on first reading.
09 NOV 101982
�5
-u�
�,
Mr. Luft: That what we brought to you on first reading, the original ordinance
with a recommendation from the Planning Advisory Board, that would be modified.
Mr. Perez: Mr. Mayor, let me point out, do you remember in that meeting, I
introduced an amendment and the amendment was to accept the recommendation
about five foot setback for the whole building, not for a part of the building,
for the whole building. And I want to point out and I want to ratify today
that was the spirit of the amendment.
Mayor Ferre: All right, let's hear from the opponents and the proponents.
How many opponents are here to speak, would you raise your hands, please?
Opponents - people that are against. Those of you that are here against,
all right? Let's get the hand of all those who are against. Just raise
your hand so that we know. How many of you wish to speak to today?
(MAYOR FERRE COUNTS SPEAKERS) Three? All right, I will recognize the lady
in the first row and the other two ladies, if you would please ... where is
the gentlemen in the gray suit? Give your names to the Clerk, and I will
recognize the four of you. Do any of you need more than three minutes?
How much time do you need, Ma'am?
UNIDENTIFIED SPEAKER: Ten minutes.
Mayor Ferre: Ten minutes, all right. The lady in yellow for ten minutes and
the rest of you for three minutes. Okay, do you want to speak first? Any-
way you want. State your name and address for the record and the others of
you that wish to speak, please give your names to the Clerk here, and I will
read off your names.
Ms. Grace Carter: My name is Grace Carter, I live at 2528 Abaco Avenue. I
am within, well, not even a good block of the proposed project. I would like
_ to ask did everybody read my letter in the paper on Sunday about the proposed
project? No?
Mr. Plummer: Yes, yes, I read that.
Ms. Carter: Commissioner, Perez, did you read my letter in the paper?
Mr. Perez: Yes, and think that I received a copy of the letter.
Ms. Carter: Mr. Dawkins? Okay, well then, I won't go over the same facts
again that I stated in the letter. I would like to take just a couple of
minutes to share with you some letters from neighbors that couldn't be here
for one reason or another. All of them are property owners and voters in the
area that is going to be affected by the project in question.
NOTE FOR THE RECORD: At this point, Ms. Carter read into the record
letters from the following opponents:
Marion Bergson, 2453 Inagua, Miami.
Douglas Edward Schroeder, 2472 Inagua, :Miami.
Raymond A. Dumont, 2543 Lincoln Avenue, Miami.
Jon C. Williams, 2510 Lincoln Avenue, Miami.
Meredith Lane, 2301 Swanson Avenue, Miami.
Walter Dean Perry, 2800 Kirk Street, Miami.
Sandy Ydike, Miami.
in closing, I would just like to say that only two people are going to benefit
:rem this property: Mr. Parker, with what we understand is a rather inflated
saes price for his property, and Mr. Carlos, who for some unknown reason,
:rocs to put an office building in a neighborhood where nobody wants it. If
:;e went, just across 27th Avenue, there is commercial zoning and commercial
?roperties for just the kind of office building that he wants to buy, or to
out up for reputedly half of what he is paying for the Parker property.
Tl,ann ",nu.
tad rr Ferre: It:e next speaker is Patricia S. Kimbell
Mb. Patricia S. Kimbell: Thank you. I am here again to plead with you to
r.:>icer this zoning. I have many neighbors on my street and every one of
-1�ium are working and they are unable to come. They are tax payers and voters
and we would like to ask you to consider what you are doing. The Grove is a
verb.•, very interesting, unusual place and if you change the ambiance of the
Grave, where else are you going to go? Coral Gables? That is the last
10 NOV 10 1982
stronghold. Please consider, when each and every one of you vote that we do
not want this and there are many, many of my neighbors that are represented
in this count of eighty. Thank you.
Mayor Ferre: The next speaker is Bruce Russell, 2519 Abaco Avenue.
Mr. Bruce Russell: Thank you, Mr. Mayor. My primary concern regarding
this project is really two -fold. We all want to save the Gifford Home, there
is no question about that in the neighborhood. The consequence of this method
of saving the home is to double the floor area ratio for the property in
question. The present floor area ratio under present code and also under
new comprehensive code is .6 F.A.R., meaning roughly a seventeen thousand
square foot building, with some forty-three parking spaces. Under this over-
lay district with the concessions that have been granted, the City seemed to
be after a 1.25 F.A.R., meaning roughly a thirty-six thousand square foot
building and perhaps as many as one hundred parking spaces. The Planning
Advisory Board has whittled that down to in my opinion, still an intolerable
bas F.A.R. for this project, given the quiet nature of the neighborhood im-
mediately to the north. Living at 2519 Abaco, with a sixteen month old
daughter and another child on the way, I am quite concerned about the traffic
coming up Abaco Avenue. Jack, am I correct that it is still is possible, if
this proposal passes, that we could one-way Abaco Avenue?
Mr. Luft: That would be a consideration that we said is a possibility, yes.
Mr. Russell: While that might tend a one way of my street, and therefore an
alleviation of the traffic problem might tend to allay my objection, I still
_ object on the basis of the doubling of the floor area ratio for this particu-
lar project and would appreciate it if you would take that into mind as you
vote this morning. Thank you very much.
Mayor Ferre: Dana Hotchkiss, 2472 Abaco Avenue.
Ms. Dana Hotchkiss: Number one, I would like to point out that in the agenda,
the address of Mr.. Parker's property is said to be approximately 2937 S. W.
27th Avenue, because that is correct. It is approximately S. W. 27th Avenue.
Physically, the property does not front on 27th Avenue. It physically fronts
on Aviation. Now, the dedication of the islands that separate Mr. Parker's
property from 27th Avenue, can you tell me how those came into existence?
Mr. Mayor?
Mr. Plummer: Mr. Luft is right behind you.
Mayor Ferre: Mr. Luft has to answer that question.
Mr. Luft: The islands came into existence with the improvement, many years
ago of 27th Avenue, creating diagonal intersections with Abaco and Aviation
and the necessity to channel traffic into a more controlled fashion, thus
it was curbs were put in and the islands created to help channelize that
traffic as it connected to 27th Avenue.
Was that contributed by Doctor Gifford or Mr. Parker?
".r. L,,.i!.: I don't_ know who it was given by. It was probably part of an
:,r'.z ir..�} �,edicaticn for the platted street plan.
i_eehkiss: I)r. Gifford's daughter did say that it was Dr. Gifford, in
:ict, that dLijnt.ed or dedicated, rather. Mr. Mayor, are you listening to
�! ^r Ferre: Yes, I am.
:^.s. iIorchr:iss: well, I am not used to people being able to do three things
^t
v re: *e?1, l an one of these hyperactive people.
:;utchkiss: Well, would you indulge me please, just for the moment?
May ^r Ferre: Okay.
ill NOV
10 1982
Ms. Hotchkiss: Mrs. Milan, Dr. Gifford's daughter, said that it was Dr.
Gifford that dedicated this portion of his property to the City and I believe
that it is in Dr. Gifford's book that he gave this property to the City to
create more open area. Now, that is not verbatim, but thusly, the situation
why he did give his property to the City. Now, that makes me wonder if he
would want his structure to envelope this new existing structure proposed
by Heritage Conservation? Is that the name of your development corporation?
What is the name of your development corporation? ... I am sorry. Well, at
any rate, it makes me wonder whether Dr. Gifford in fact would want a large
building at this intersection, when he dedicated his property, his own land,
for open areas. It raises the question in my mind. Now, as I said, this
property does not front on 27th Avenue. There are these islands that Dr.
Gifford gave. Now, another thing I would like to say is that I understand
that this whole agenda item came before the Commission previously. Am I
correct?
Mayor Ferre: That's correct.
Ms. Hotchkiss: And you approved it at that time, is that correct?
Mayor Ferre: We did it on first reading.
Ms. Hotchkiss: Well then, why are we here again today? What difference can
we make?
Mayor Ferre: The law in both Metropolitan Dade County and the City of Miami
goes like this - in an ordinance, you have to have two readings. You approve
it on first reading, and in Metropolitan Dade County, the way they do it is,
they do not allow any speaking the first reading and then they do the speaking
at the second hearing.
Ms. Hotchkiss: The public?
Mayor Ferre: The public, yes. In our case, we don't do it that way. We
are much more informal. We let people speak at both times. and we let people
have their say. That is what we are doing here.
Pis. Hotchkiss: Is it true that public notice has to be given for the first
meeting as well as the second?
Mayor Ferre: Mr. City Attorney, would you answer that?
Mr. Terry Percy: Notice under the City Code is for the hearings on which
the ordinance is going to be adopted and since we have a two-step process,
the ordinance is adopted on second reading, then that is the date that the
State Statute requires a formal public notice, so this meeting has been
properly noticed, as was the first hearing on first reading.
Ms. Hotchkiss: There was public notice given to the people prior to the
first City Commission meeting on this?
Mr. Terry Percy: That is correct.
Ms. Hotchkiss: I was informed that they did not receive public notice.
--M'D:PLi' BACKGROUND COuMNT NOT PLACED INTO THE PUBLIC RECORD)
iotI', iss: Nobcdv received notice.
Ferre: Jack, do you want to shed some light on this?
The letter that was sent out for the Planning Advisory Board meet-
.,c:ised them both of the PAB hearing and the the first Commission
the dates and locations of both.
Ai :.us.ell: Excuse me, Mr. Mayor. My name is Russell again. I am the
chst left Vou with the letter at the hearing on the first reading
c:'t:al,an<ed the notice. The notice was improper. In fact, there was
a ::otice sent to the folks who live in the resubdivision of Kings
Tt:ere are eight blocks. The picture has just come down, but I checked
ui t: these nei<,,i;bcrs.None of them received any mail notice at all. After
my abjection here several weeks ago, on November 1st a mailing was sent to
12
NOV 10 1982
anh
q*
N
me, still as far as legally adequate notice, inadequate. Unless I am incor-
rect, and I certainly would defer to the opinion of the City Attorney on
this matter, the notice on matters such as this, such as the one being con-
sidered in two readings, that must be sent, put in the mail, at least ten
days prior to the first reading, and I can assure you that I know of say,
eight people and probably more, who never received a notice until this
notice that was placed in the mail on November 1st, as to this - today's hear-
ing which again was not sent ten days prior to the date - today.
Mayor Ferre: Okay.
Mr. Terry Percy: If you recall, Mr. Mayor, this gentlemen pointed out at
a previous hearing that the mailing list the City uses is probably defective
in that it did not contain all of the property owners within that three
hundred seventy-five foot radius of the subject property, and as the Commis-
sion suggested, a courtesy, a subsequent notice was mailed out to those pro-
perty owners who were omitted. So, we opined that that first meeting, there
was adequate public notice in that we have a three -prong notice requirement,
and one or more of those notices would have been received by the affected and
concerned property owners in addition to the courtesy notice that he acknow-
ledged that he did receive.
Mr. Russell: Yes, sir, but insofar as the legal adequacy of that notice,
again, I feel as though it is totally inadequate and I suppose for purposes
of preservation of rights, would so state for the record. Again, I am sorry
to interrupt. Thank you.
Mayor Ferre: All right why don't you conclude, because it has been a lot
more than three minutes.
Ms. Hotchkiss: All right, I would like to say that I am all for the develop-
ment of this City of Miami. I would like to see Miami gain the status that
all other large wonderful communities within this country, within this world
have, and I would like to see that development conscionable. I believe that
the development of this particular piece of property is totally unnecessary
and harmful. Unnecessary because there is all of U. S. 1 at all the different
rapid transit stations and all along U. S. 1 you have got 27th Avenue to
develop all the way from Bird to U. S. 1. They have got all of Bird, which
is mixed multi and commercial and it seems to me that it is a terribly un-
conscionable approach to move down Aviation with a commercial development and
one commercial development leads to others. There was a Dr. Smith that was
here before the Planning Advisory Board, who owns the two lots right next to
Mr. Parker's property who said he would like to see this happen, because he
would like to get commercial designation on his property. Another thing I
would like to say...
Mayor Ferre: What is the total time elapsed so far?
Mr. Ongie: Seven minutes.
Mayor Ferre: All right.
Ms. Hotchkiss: One other thing I would like to say is this. I will sum it
up in a brief paragraph, if you will allow me to do so. You see the little
map that I drew? It is sort of Sesame Streetish, but.. this is Aviation and
,;nt, can see how there is a residential pie shaped piece of property between
7th Avenue and Aviation that would be dissected with traffic if there were
,.=nercial development on Aviation just like Central Grove has been dissected
with traffic and I hate to see that happen to my neighborhood. I may have
rc) move to Leafy Way to get to a little private area in the Grove. I like
loud tlusic. I don't know if you would like me as a neighbor. I certainly
:could not like your building as a neighbor. And it was suggested that we
were to get a one-way street, but it was merely suggested. No plans have
been taken toward that. What would have to be done? First the building
would go up and then what? We would have to fight for a one-way street?
And another thing I would like to point out is that there are survey stakes
i ".rs. Malone's property and in her mother's property, which makes me think
th��t they are planning on doing something other than continuing to live there
after this big building goes up right across the street from them and that is
.:i:st 1 am going to have to do also, if that building goes up. I am going to
i:ave to move and it is a shame that we are slowly notching away at residential
'13
NOV 101982
id
L-1
Coconut Grove when it's unnecesary. Central Grove is already been devoured.
Continue to devour it. You have got 27th Avenue from Bird to U. S. 1 and I
called a friend of mine....
Mayor Ferre: Ma'am, you are now getting past ten minutes.
_ Ms. Hotchkiss:.... Dave Walters, and I asked Mr. Walters if he would help me
and he said "You are putting me in an awkward position, because Mr. Parker is
a friend of mine too" and I knew if I couldn't get a big gun against Mr.
Parker who is a big gun, that we would lose the battle, and I was told that
the battle is already lost. I am done.
Mayor Ferre: We have, I think, one last speaker - Mary Anne Andrews.
Ms. Mary Anne Andrews: I am Mary Anne Andrews, I live at 3100 Lucaya Street
in Coconut Grove, a few blocks away from the subject property. I am not real
well prepared here and it is a problem for me, because I too know the devel-
opers and the architect on this property on this property and I also have
very good friends who live in that neighborhood. My point that I want to
make to the Commissioners is to remember that the citizens of this area
are just as important as the great Mr. Alfred Browning Parker and I believe
he is the one that is going to walk away with this, with a $1,000,000, approx-
imately, because the property is being bought on the basis of a dollar per
square foot value. In other words, he is holding out for his price and I
want you to try to compromise a little bit, especially regarding the setback,
and perhaps the total square footage of the building.
Mayor Ferre: I think that the opponents have all expressed their opinion.
I will Rive you the right to rebutt within a reasonable...please do not be
overly abusive on extensions of tine. Now, the proponents have not been
heard, and how many of the proponents wish to speak? All those of you for
the project raise your hands, okay? Now that you have got that out of your
system, lower your hands. All right, now those who must speak today, would
you raise your hands? (MAYOR FERRE COUNTS SPEAKERS) Seven speakers. What
was the total amount of time that the opponents took?
Mr. Ongie: Approximately twenty-seven minutes.
Mavor Ferre: All right, you have twenty-seven minutes divided by seven - can
you hold it to three minutes? One of you, I am sure, will run over three
minutes, but try to hold it...see if you can do a better job than the oppo-
nents in holding it to three minutes. You have got twenty-seven total, so
Joanne, let's start with you and the rest of you, please come up and give
your name to the Clerk.
Ks. Joanne Holzhauser: Joanne Holzhauser, I live at 4230 Ingram Highway and
1 get just as many Burger King wrappers as anybody. Jack, could I ask you
a question, please, sir? When was this property zoned, this area zoned
this way?
`ir. Luft: It was zoned for office development in 1968.
Xs. iiolzhauser: I think that is probably the most important thing. A lot
T
.)f the talk ... there is no point in me going over it. A lot of the talk to
vc-)u ,-entlemen was based on the fact that you are doing something now to re-
�.
:-:one scrnething. This property has been zoned this way for a long, long time.
rf"
it is riot a question of rezoning at all. That doesn't enter into it. The
problem is, ;:ou have got a piece of property, and something is going to go
.s
_,n that piece of property and you have a developer, who with the wishes of
-_L:e ::imi:y, which I find very, very interesting and very important...the
c±
_::r.,-rests c.f the family will do something in keeping with the neighborhood.
i; property: is not residential. It has not been residential for a long
Thte zonir.i; has been in for a long time. I am very sorry that so many
:::id not been informed of what it is, but it isn't a rezoning.
nr: a :.:r AS what they want to build, it will be beautiful. It will be
:t. w1 11 keep, as they have said, and we have said, some of
i r _eve. We can't go back to chickees. We can't even go
'•
:: i< ' _ :i;� :r .- Grove houses. The best we can do is do something nice
;tut, and I believe these developers will, and I ask you
:. ierate it.:•; them. Thank you. Excuse me, to answer the question - I
live 3t ti2JU ln",ram Highway, Coconut Grove. I have 18,000 commuters who go
m•, hc,ust ever-7 day. I know traffic I am not here to dispute that.
'/•Y r
14
Ll
UV 101962
_J
'
L1
Mayor Ferre: All right now, let's not be rude. Nobody booed or disrupted
anybody else, so let everybody have their say. The next one is Larry Marks.
Mr. Larry Marks: My name is Larry Marks. I live at 3840 Kent Court and I
represent the people that own the property directly across the street from
this property. 27th Avenue is a hundred foot wide right-of-way. The reason
it is a hundred foot wide right-of-way is because the City recognizes the need
for some commercial development in this area, both from the standpoint of ser-
vicing rapid transit and because the nature of the area is such that it de-
serves some type of higher intensity than single family houses. Nobody in
their right mind would want a single family house on 27th Avenue. Not one
person who spoke against this request said anything except hollow statements
in very vague generalities - the fact that they have residential behind the
property, etcetera, but there is nothing that said what is wrong with this..
The only lady who spoke against the property that said anything was that her
music is loud. As far as a commercial building is concerned, an office build-
ing is very, very quiet. It is not disruptive. It doesn't bring crime to the
neighborhood and their is no justification for turning down any high quality
project on 27th Avenue that is commercial and is properly designed, which this
project is. Thank you.
Mayor Ferre: All right, the next speaker is Mr. Robin Bosco.
Mr. Robin Bosco: My name is Robin Bosco. My office is at 2400 South Dixie
Highway, Suite 201. Again, I am the architect for the project and as you
are aware at the last meeting, we started this project with a blank chalk-
board, as it was. We went through the process of working with the City
Planners and what have you in developing a scheme that would allow the exist-
ing house to remain and allow us to develop the property, according to the
zoning with the incentives that ar given to anybody. Again, we heard a lot
of statements made about the amount of square footage, the overages, etcetera,
which are totally incorrect. We aren't doubling the allowed F.A.R. We are
not increasing by the heights, etcetera, to the proportions that were said
here. Again we went through the process, we are abiding by what the City is
recommending and we would like the privilege to develop and retain the existing
house.
Mayor Ferre: The next speaker is Tom Carlos.
Mr. Tom Carlos: I'm Tom Carlos, I reside at 3990 Leafy Way. I am involved
in the project in that I am the proposed developer, along with my partner,
Mr. Jorge Mas. When we started this process and showed an interest in this
property, we spoke with Mr. Parker regarding his interest in selling it. At
that time there was indications that there was a proposal to tear down the
building and to build an office building on that particular site. We expressed
to Mr. Parker that it was our desire and interest only to acquire the property
if the Gifford homestead could be preserved and at the same time accomodate
a structure on that property which was in accordance with the City's zoning
code and allowed building code requirements. We went and met with Mr. Luft.
We of course, told him what our desire was and of course, we told him that
saving the old building and building a new building provided us with certain
economic limitations and constraints and we argued with him that he should do
this and he should do that. I think you know Mr. Luft well enough; the last
thing that tie is interested in hearing were the developer's economic constraints.
:When we tot through discussing with him over a period of approximately three
months what could be and could not be done on that property and what the
interests of the Planning Department were, a plan was essentially devised
a=? for retaining the old building
, preserving the vista from 27th Avenue, the
;teen area that is on that corner and at the same time, allowing a new building
to be built in accordance with the zoning requirements of the City. The plan
•.as so in line with what the Planning Department was advocating that the Plan -
ring Department, on its own initiative filed the a
PPlication for the Historical
':eritage Conservation Distrir: The proposal that has been devised has re-
zeivea the support of the Jade Heritage Trust - Arva Parks, who is a historian,
jnd a well recognized person has visited the site and has lent her support to
} -r .ird has signed a waiver and approval of the particular project as it has
Loin designed. Throughout the course of these proceedings, numerous compro-
:-:ist-s have been made wherever possible, and at the same time, permit the pre-
er:�,tion and the construction of the new building. At the P.A.B., a com-
:=� was ::.:ace where the existing building would be counted against the
bonus factor that is generally permitted to people who are preserving histori-
y,r<: cal property. Throughout the whole process, the community's interest, the
r 5 NOV 10
it ; r�„ •tip off '�i' ,4� 7
r
sensitivity of this building to the Grove has been taken into account. We
feel that this is an alternative, a sensitive alternative to that of tearing
down the house and at the same time complying with the zoning code require-
ments for a structure on that property. Thank you very much.
Mayor Ferre: The next speaker is John Ward Clark.
Mr. John Clark: I am John Ward Clark, 3696 Bayview Road, City of Miami. I
am a trustee with the Dade Heritage Trust, which for the public is a recog-
nized legitimate preservation organization recognized by the City of Miami.
Our main interest is in the saving of the Gifford house. The reason for the
setbacks, various variances requested, was because the developer cannot build
the building in the middle of the lot. That is where the house is. That is
why there are compromises on this project. There are compromises. I can't
deny that. But with that house, the alternative to the project, we are
afraid, is demolition, and then they can go ahead, build the building right
in the middle of the property without any variances, and when you walk along
27th Avenue, you think "boy, this is a nice little residential street", but
it is not. Fourteen years ago it was decided that 27th Avenue is a hundred
foot wide thoroughfare from U. S. 1 to Bayshore Drive. All of that is com-
mercial property. Those little islands are going to be in the north -bound
turn lane, but we can't look at that. We have got to go back fourteen years
to look for decisions we made then. I hope that explains Dade Heritage Trust's
position on the situation. Thank you very much.
Mayor Ferre: All right, are there any other speakers. I don't have any
other speakers on this list. Ms. Prince?
Ms. Lorraine Prince: I am Lorraine Prince and I would just like to say that
the outstanding architect in the world, to many of us is Alfred Browning
Parker, and I don't think that anyone would ever be sorry to see one of the
structures that he does and if you have any doubts about it, go over and
look at some of those things. He is an outstanding person.
Mayor Ferre: He is not the architect on this job.
Ms. Prince: Well, that is all right. There is a good architect that is tak-
ing care of it, and I think that it is a wonderful thing to have something
like this in our area, rather than chop here and chop there, and I am very,
very happy that this is all taking place. Thank you.
Mayor Ferre: Are there any other speakers at this time? All right, Mr.
Parker.
Mr. Alfred Browning Parker: Miami Commissioners, just to re-emphasize that
I do have great confidence in Mr. Mas and his associate, Tom Carlos. If I
had not had that confidence, I would never had entered into this arrange -
merit at the very beginning. I would like to point out too, something with
respect to the donation of land to the City by Dr. Gifford. He gave that
land, as Jack Luft suggested, in order to ease the method of Aviation meeting
-_
27th Avenue. Incidently, he gave it with the stipulation that should the
'
City ever not use it for those islands and for whatever purposes of traffic,
that the land would revert to his heirs and therefore to this particular
,iece of property. The other point that was made, and I think there was a
:::aY .gut up there showing residential coming along. As a matter of fact,
L:iat is not residential. That is where Lester Pancoast has his office
1 --ding and Lester was here, but had to leave for another appointment. He
.anted me to express his wholehearted support of what we are trying P PP to
in paving Lhe Gifford homestead and in building an office building that
not only be a credit to the community, but will set back from the road,
r
i>-eservation to the trees and the tradeoff to do that, of course, is
:e scot setback along the side. So, there is a tradeoff, but in my
as aprofessional, I feel that the tradeoff is well worth the
c-'_ ✓e t:i :. , t1lat we are gaining. Thank you very much.
iha::k you, sir. All right, are there any other speakers?
me how much time the proponents of the project took?
_ : teen minutes.
26
NOV10 19 82
3
kj 7
3
F
Mayor Ferre: All right now, despite the fact that the opponents took twice
as long, I would be happy to give you rebuttal time if you think you need it.
Anybody want to rebutt? Yes, Ma'am. quick rebuttals now. This time I am
going to really hold you.
Ms. Grace Carter: I have one question. This supposed great historic building
that is being touted as something to save for posterity for all future Miamians.
Are the future Miamians, or even the present ones going to be allowed free
access to see the wonders of this building? That is my question.
Mayor Ferre: I think I can answer that by telling you that the way the law
works, is the the purpose of the law is to try to preserve buildings. A lot
of the buildings that are historic in nature belong to private people, and
you know, the purpose of it, is not to make them public buildings, because,
thank God, in this country governments just can't take properties without due
process and compensation. The purpose is to make them historic and to pre-
serve them, not to make them available to the public. I don't think that
this...I don't know. Will this building be available to the public? What
will it be used for?
Mr. Luft: Well, first let me say that the building would remain visible as
a part of the fabric of the neighborhood and it would play the same roll as
it has in the past.
Mayor Ferre: The City of Miami is not buying it, or taking it, or making a
museum.
_ Mr. Luft: No. We would make certain that you could see it from the street.
It would not be hidden. Secondly, it is my understanding that the intention
of the developer is to use the building as part of the entrance lobby and as
a public office building, which the public can go in and out of, they would
have access to the structure.
Mr. Russell: Thank you, sir. Again, what we are talking about here is
saving a structure and I don't think that you will find anybody in this
neighborhood that wants to do anything to prevent that structure from being
saved. These people are here to tell you that in order to save the structure,
they must build a thirty-six thousand square foot office building. The pre-
sent zoning calls for a seventeen thousand square foot office building. I
can't comprehend why that type of building cannot be put on that lot and at
the same time, save the old structure. We are talking here about in order
to save this structure, we almost have to destroy it. We almost have to
destroy the village that surrounds it. I just think that there is a better
way to save the building, and it is not by doubling this floor area ratio
here. Thank vou.
Mayor Ferre: All right, Mr. Luft.
Mr. Luft: Just one clarification. The base floor area ratio is one, is that
we ha•:e already gone on public record as recommending this as a uniform floor
area ratio base for the entire district from Bird Road to Dixie Highway.
This is not a special feature for this house. The properties across the
street have achieved a base of one. That entire district starts at a one.
.: fact, the increment that this represents for this district is not
It is 25' increase, okay? Do you understand that?
!r. f;ussell.: Pardon me again. I am Bruce Russell. Sorry to object to that,
Jaen, but your comprehensive zoning ordinance and the citizen's guide to tnat
pcints out that R.C.C. zoning is .6 F.A.R. That property is presently .6
F.:..R., and zoning is a legislative function to be determined in accordance
,.with the code as it presently exists. Thank you.
....,r .'erre: Mr. Luft.
:`.r. l.,:ft: Oka_;, you know also that in January this department has included
.•,. ;lc-(., together with a package in a number of districts that we are ad -
tins? C'_t:-wide to include an increased sector number which would bring us
t_� the fast- of c: e. Okay?
Mayor Ferre: Mr. Russell.
ld 17 NOV 10 1982
Mr. Russell: What that will mean is, you are going to have a wall of buildings
up and down 27th Avenue. This is the second building to come along this side
of 27th Avenue up from Tigertail. If you look at the Pancoast building, the
Pancoast building has seventeen parking spaces; most of those are for compact
vehicles. We are talking here about a major structure with a hundred parking
places and a severe tapping of local traffic.
Mayor Ferre: Bring it to a head now. Mr. Luft, anything else? All right,
anything else?
Mr. Russell: Thank you very much.
Mayor Ferre: Thank you. Quickly.
Ms. Pat Kimball: Thank you Mayor Ferre. I would like to bring to your at-
tention that there are two sides here. There are people with money and peo-
ple with names, and there are just citizens. Now, none of us are saying that
Alfred Browning Parker is not a fine architect, but it is absurd to say
what a great architect he is when he is not the architect for this building!
He is only selling it. It is only money for him. We have to live there and
I would like for you to consider that all we have are our pleas to you to
give us a neighborhood that we can live in. That is the final proposal that
we have for you, but we do we remember it. It is like the British that died
in World War I and World War II and what did they say? "Remember". We are
going to remember and when you go to the polls we are going to remember if
you supported the Grove and where we live. Thank you.
Mayor Ferre: First of all, thank God we live in a democracy and you are en-
titled to that. Secondly, I want you to ,know that threats go right by me.
They really do. I don't function...if I were going to function by threats,
I would be scared to death of Norman Braman and I would be scared to death
of those five people that called me yesterday and said they were going to
shoot me, okay? And I told the police I don't want police protection. Okay,
I just want to tell you that if I was scared of threats, I wouldn't be sitting
where I am sitting. Now, thirdly, I want to tell you that I think you are
right in what you said, and I want you to know that the fact that there are
fancy names and the fact that Mr. Alfred Browning Parker (and I agree is one
of the great architects of America) is not the architect on this, that
really has nothing to do with this, and as far as I am concerned, the fact
that David Walters didn't want to get in the middle doesn't mean anything to
me either. I can only speak for one person - that is me. I am going to de-
cide this on the merits of the issue as I see it. Now, the issue that is
before us, as I understand it, is narrowed down simply to the question of the
five feet. ;low, the rest of the issue, as I see it, has been hammered out
in previous meetings and is totally acceptable and I think what can be done,
and what has been negotiated here is reasonable. It is within the boundary
of reasonableness and it is something that is within the law. We are not
dealing outside of the law. We are dealing inside of the law. And the fact
is, that these people can go in and put a bulldozer and knock down that his-
toric building! They may be held up six months, but eventually they could
knock it down. The question therefore is...the public section is now through
Ma'am. You have had your opportunity. I asked everybody for time to rebuttal.
'iou have taken twenty-seven minutes and this public portion of it is closed.
';Ow, the issue before us, as I see it is whether or not that building is
w)rth preserving, and whether or not we are willing to give what is being
Now, the thing that troubles me the most is that originally, Mr.
vcu and your department agreed to this and then subsequently, you pulled
on your areement. Now, you should never have agreed with it in the first
iou know, I was being interviewed this morning by NBC for tomorrow
w1hatever it was called "Entertainment" and the question witn regards
,,�rnecraphy or: television was a question of, you know, the first amendment.
".;ait a minute. Let me tell you about the majority, okay? I want to
sitpie question. In 1954, if the White people of America were
c.,n
integration, do you really
think the White people of
voted for integration? Was
the majority right there?"
back in 1954, what do you
think would have happened?
were
out there liquidating the
Jews, do you think the majority
Jr
they had had a free vote in
1936, how would the majority
their
feelings about the Jews
in the late 1930's? My point
think if you, in your conscience
as a department come to
a:i a ,ret2ment :±t:,
tine developer, then I think
you should go through the exer-
; A".
se of �:scussin,
it, and thinking it through
and coming to a conclusion,
Y
s,
NOV 10 1982
because ten or twenty or thirty people come up and protest it, I don' think
you ought to go back on your agreement, or you shouldn't have come with that
agreement in the first place. You are Staff, your Administration. You are
supposed to do a professional job, not a political job. That is for us to do.
This is for the City of Miami Commission to decide whether or not twenty-one or
thirty-one or fifty people in the neighborhood sway us in an argument, not for
the professional people to do. And I don't mean to be disrespectful to you,
Jack, because I want to tell you and I have told you before and I will say it
publicly. If there is one public servant in this town that is true blue and
is honest and is straight and is forthright and knowledgeable and for the best
this community, it is you. But, I don't think you should have ever made that
agreement. I don't mean to chastise you publicly, but I want to tell you, that,
I think1has created this problem. Do you want to answer? I do not care, I am
not asking you for an answer. I am just giving you an opportunity if you want
to. I don't want to get an argument with you, because yo,) x.v3w how much I
respect you.
Mr. Luft: I will just simply say that we went to the Planning Advisory Board
with our recommendation, and the Planning Advisory Board, after a lot of dis-
cussion passed a motion to carry forward the additional five foot set back and
we did feel that the Planning Advisory Board had some good points to make and
it was valuable for us and we chose to support the P.A.B. before you. It
wasn't that we were pressured or pushed by the citizens.
Mayor Ferre: No, I understand, but then, you changed your position. Questions
from members of the Commission?
Mr. Perez: I want to move the same motion we approved at the first reading,
Mr. Mayor. We mentioned the five foot setback for the whole building.
Mayor Ferre: There is a motion on the floor. Is there a second? The motion
is for approval of the project as recommended with the amendment that the
building be allowed to be within five feet of the street.
Mr. Plummer: Mr. Mayor, I will second the motion. I think that what we
have to understand and Joanne, I think really hit it on the head more than
all the rest of the speakers - we are not discussing here today as to whether
or not an office building can or will go on that parcel of property. It is
presently zoned and as Mr. Luft said, since 1968 it has been presently zoned
that way, so from 1968 on, it could have been an office building. I think
the matter before us here today is whether or not setback of the five foot or
the ten foot on the building is really what we are talking about. Not one
of the speakers did I hear speak to that issue. As I understood, most of
the speakers, (I thought all) spoke to the issue that they just don't want
an office building period. Well, their conversation is a little late! That
should have taken place in 1968 when the ordinance was adopted. I think
today what we are faced with is a decision. It is not to whether there is
going to be an office building, but is there going to be one of high quality
and what this Commission feels is the best and for that reason I concur that
it is a good proposal and I second the motion.
Mayor Ferre: Is there further discussion? Commissioner Dawkins, the motion
has been made on Item NL=ber one by Commissioner Perez. It has been seconded
by C Dlumissl orier Plummer, and that is...
f
Mr. Plummer: Mr. Mayor, if Commissioner Dawkins wants, because he seconded
it before, it is irmaaterial to me.
Mayor Ferre: And this deals, I might remind you, with a five foot setback
from the sidewalk and the property line.
Mr. Luft: And rear property line.
`layer Ferre: Yes, let me stand corrected. Is there further discussion?
All! right, call the roll.
I9
Nov 10 1sa2
�.+.�-.�.-'ML�7� 41AT'U'Oi"M"SRZ:i _•".. f�.w_�:..�. _ �.-}.-..► ..
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
AS AMENDED, THE COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY OF MIAMI, BY
AMENDING ARTICLE III ZONING DISTRICTS,
SECTION 1 CLASSES AND SYMBOLS, BY ADDING
"SPD-7 COCONUT GROVE SPECIAL CONSERVATION
OVERLAY DISTRICT" AFTER "SPD-6 COCONUT
GROVE RAPID TRANSIT DISTRICT;" FURTHER,
BY ADDING A NEW "ARTICLE XXI-9 (SPD-7)
COCONUT GROVE SPECIAL CONSERVATION OVER-
LAY DISTRICT;" PROVIDING FOR INTENT,
EFFECT OF THE SPECIAL OVERLAY DISTRICT,
CRITERIA, FLOOR AREA RATIO, YARDS,
HEIGHT, LOT COVERAGE, PARKING, AND SITE
AND DEVELOPMENT PLAN APPROVAL; BY MAKING
THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP MADE A PART OF SAID ORDI-
NANCE NO. 6871 BY REFERENCE AND DESCRIP-
TION IN ARTICLE III, SECTION 2, THEREOF;
AND BY REPEALING ALL ORDINANCES, CODE
SECTIONS OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of October 28, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Perez, seconded by Commissioner Plummer,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
SAID ORDINANNCE WAS DESIGNATED ORDINANCE NO. 9521
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.
ONE ROLL CALL:
Mop or Ferre: Before I vote, I wish to say that I had stated into the record
previously, that I had very serious concerns about the five feet and I still
do. After raving looked at the property again, and having looked at the
._; ng,s and having read the discussion, it is my opinion that the only
that we are really involved in here is whether or not we do five feet,
tr_n feet, or the five feet as recommended and then ten feet and five feet
'DON or:d t!.0 second fluor. I could, of course, vote "no" and that wouldn't
any difference, because there is already three votes for it, but in
hc:;tsty, I think I have to vote with the motion, because of the original com-
jromise that was reached by the Department and I which I think, in effect,
into a moral obligation. There is no doubt that there is going to be
office building. Is that what it is going to be?
'!r . i',u=er: Law oificc, I believe.
11 ,;c,r Ferre: .s it goir:z to be a Law office? ... a law office building there.
1.e.,,• !,ave t!;e legal right to do that. That was established in 1968. We are
O..' n._r eainf, with, that here. All we are dealing with is this particular is-
z::Jt'. ::nd l :cte with the majority.
20
�y NOV 101982
ilia. Y* ;�tk
001
11. SECOND READIVG ORDINANCE: APPLY PROPOSED SPD-7, COCONUT GROVE
SPECIAL C014SERVATION OVERLAY DISTRICT TO PROPERTY LOCATED
2937 S. W. 27 AVENUE. a/k/a/ 2937 AVIATI011 A%TINTE.
Mayor Ferre: We are now on Item Numbet two. This an ordinance on second
reading that applies to SPD-7, Coconut Grove special conservation overlay.
Is there any discussion on this one?
Mr. Garcia -Pedrosa: Same ordinance. This is the application of that dis-
trict to that property, Mr. Mayor.
Mayor Ferre: Is there any member of the public that wishes to speak on
this issue. If not, is there a motion?
Mr. Perez: Moved.
Mayor Ferre: Moved by Commissioner Perez. Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Second by Commissioner Dawkins. Is there further discussion?
Read the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
AS AMENDED, THE COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY OF MIAMI, BY
APPLYING THE SPD-7 COCONUT GROVE SPECIAL
CONSERVATION OVERLAY DISTRICT TO "TRI-
ANGLE COS SUBDIVISION (32-79)", LOT 2,
LESS NE'LY 801, BEING APPROXIMATELY 2937
SOUTHWEST 27 AVENUE (A/K/A 2937 AVIATION
AVENUE); AND BY MAKING ALL THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP MADE
A PART OF SAID ORDINANCE NO. 6871, BY
REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2, THEREOF, BY REPEALING ALL
ORDINANCES, CODE SECTIONS, OR PARTS
THEREOF IN CONFLICT AND CONTAINING A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of October 28, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Perez, seconded by Commissioner Dawkins
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
:;CFS : None.
ABSENT; Commissioner Joe Carollo
IID ORD1',ANCE kAS DESIGNATED ORDINANCE NO. 9522
The City attorney read the ordinance into the public record and
<•;.< announced that copies were available to the members of the City Commission
and tc t.';e public.
21
`;y NOV 10 1982
12. SECOND READI14G ORDINANCE: ADD A NEW SECTION 15120, SPI-12,
COCONUT GROVE SPECIAL C014SERVATIO14 OVERLAY DISTRICT INTO THE
NEW ZONING ORDINANCE 110. 9500.
Mayor Ferre: Take up Item Number three. Is there anyone wishing to speak on
Item three? This a companion bill to two and four. Is there a motion?
Mr. Perez: Moved.
Mayor Ferre: Moved by Commissioner Perez, is there a second?
Mr. Plummer: Second.
Mayor Ferre: Second by Commissioner Plummer. Further discussion? Read the
ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 9500
(EFFECTIVE APRIL, 6, 1983), THE NEW
ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY AMENDING ARTICLE 15 OF SAID
_ ORDINANCE ENTITLED "SPI: SPECIAL PUBLIC
INTEREST DISTRICTS;" MORE PARTICULARLY BY
ADDING A NEW "SECTION 15120. SPI-12:
COCONUT GROVE SPECIAL CONSERVATION OVER-
LAY DISTRICT;" PROVIDING FOR INTENT,
EFFECT, CLASS C SPECIAL PERMITS, AND
CRITERIA; BY REPEALING ALL ORDINANCES,
CODE SECTIONS OR PARTS THEREOF IN CON-
FLICT AND CONTAINING A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of October 28, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Perez, seconded Commissioner Plummer,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSEN;i: Comissioner Joe Carollo
A:I: G'.DIN�AN;CE. WAS DESIGNATED ORDINANCE NO. 9523
"'he City Attorney read the ordinance into the public record and
nnc.,:uced that copies were available to the members of the City Commission
to the public.
22
r NOV 10 1982
Vw--0•__ _W
13. SECOITD READIUG ORDINANCE: ADD THE FLEW SPI-12 "COCONUT GROVE
SPECIAL CONSERVATION OVERLAY DISTRICT" TO THE NEW OFFICIAL
ZONING ATLAS OF THE NEW ZONING ORDINANCE NO. 9500.
Mayor Ferre: Take up Item Number four, companion to one, two and three. Is
there anybody here who wishes to speak on Item Number four? Seeing none, is
there a motion?
Mr. Perez: Moved.
Mayor Ferre: Moved by Perez, is there a second?
Mr. Plummer: Second.
Mayor Ferre: Second by Pli—er. Further discussion? Read the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 9500
(EFFECTIVE APRIL 6, 1983), THE NEW ZONING
ORDINANCE FOR THE CITY OF MIAMI, FLORIDA,
BY APPLYING THE SPI-12: COCONUT GROVE
SPECIAL CONSERVATION OVERLAY DISTRICT TO
"TRIANGLE COS SUBDIVISION (32-79," LOT 2,
LESS NE'LY 80', BEING APPROXIMATELY 2937
SOUTMIEST 27TH AVENUE (A/K/A) 2931 AVIA-
TION AVENUE); A14D BY MAKING ALL THE
NECESSARY CHANGES IN THE ZONING ATLAS
MADE A PART OF SAID ORDINA14CE NO. 9500,
BY REFERENCE AND DESCRIPTION IN ARTICLE
3, SECTION 300, THEREOF; BY REPEALING ALL
ORDINANCES, CODE SECTIONS, OR PARTS
THEREOF IN CONFLICT AND CONTAINING A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of October 28, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Perez, seconded by Commissioner Plummer,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
`;CES: None.
Commissioner Joe Carollo
S I) p OP11I::ANCE WAS DESIGNATED ORDINANCE NO. 9524.
�s
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.
:R Nov 101982
r
0
hi
.'I -
a
14. BRIEF DISCUSSION: BY ATTOP_':E'. REPRESENTII:G APPLICANT re
WITHDRAWAL OF APPLICATION FOR CHANGE OF Z011ING AT 1152 N. W.
7 STREET FROM R-C TO C-4.
Mayor Ferre: Take up Item Number five on first reading - an application by
John and Dorothy Stevens.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: The Department recommends denial. Zoning Board recommends
denial.
Mr. Ralph Ongie: I gave you a note on that, Mr. Mayor. The applicant wishes
to withdraw that.
Mayor Ferre: I am sorry, I didn't read the note. Is there anybody here who
is an objector who wishes to object?
Mr. Plummer: Not when it is withdrawn - you can't.
Mr. Alan Friedman: Honorable Mayor and members of the Commission, my name is
Alan Friedman of Sparber, Shevin, Rosen, Shapo and Heilbronner. I am here on
behalf of the applicant for the sole purpose of withdrawing the application.
However, I would like to pose a question. I had attempted to withdraw this
application earlier this week and was told that because it had already been
printed on the agenda, I could not do so until the Commission meeting today.
I was hoping that in light of that, in light of the fact that I had attempted
to do so before the first reading, that same might be accomplished without
prejudice to my client.
Mayor Ferre: I don't know what the law is cn that. Go ahead, Mr. Perez-
Lugones.
Mr. Perez-Lugones: In an ordinance that was passed earlier this year, any
withdrawals in front of the City Commission on a zoning case carries a one-
year penalty.
Mayor Ferre: So, is that it?
Mr. Terry Percy: Yes, sir.
"Mayor Ferre: Mr. Friedman?
`:r. Friedman: Well, I understand that the Commission does have the power to
waive the time limits within which subsequent application could be filed.
'savor Ferre: Well, what shall we do in this. What is the Administration's...
chat is the fair thing to do?
Mr. Plummer: !low many people are here to speak in opposition?
Xa,:er Ferre: Are t:;ere any opponents on Item Number five?
i',u: ier: �,iiy don't we just defer it? We can't.
"r. .'err; Percy: if you don't take this action within ninety days, it is
denied a-d it is going to be prejudiced that way.
r ;_karre: ltiel'_, the question is, since he wanted to withdraw it early on,
in this situation.
u:, it aas advertised. 'Ile was required to make that determina-
:e .. advertise6.
.hat can we legally do. I don't think we want to penalize
h> (i .• is in opposition to this here.
Ur Y.>u would have to change the ordinance to help him.
24
NOV 10 1982
171
Mayor Ferre: No, you can't do that.
Mr. Plummer: Well, I am saying, that is what you would have to do to help
him.
Mayor Ferre: Well, there is nothing we can do! The law is the law. Sorry,
okay?
15. DISCUSSION ANTI) CONTIIiL'ED FOR ADDITIO14AL 11TFORMATIOU PROPOSED
CM-IGE OF ZONING APPROXIMATELY 2629-2645 SOUTH BAYSHORE DRIVE
FRO!i R-4 TO R-C.
Mayor Ferre: We are on Item Number six, Mrs. Lorna Robertson to change the
zoning of 2629-2645 South Bayshore Drive. The Planning Department recommends
a denial and the Zoning Board recommended approval, 5 to 2. Judge, good to
see you.
Mr. Milton Wallace: Thank you, Mr. Mayor. Mr. Mayor and members of the Com-
mission, my name is Milton Wallace, 330 Biscayne Boulevard. I am the attorney
for the applicant. This property should be rezoned for about seven or eight
reasons and I know you have had a long agenda and I am going to try to run
through the reasons and be as brief as possible. Basically, this is part, if
you will notice on the map up there, this is part and parcel of a much larger
property. The blue property on the map is part of it and also the property
fronting on Darwin Street is part of the same parcel. The only matter that
is before you today is the yellow portion. Now, it is our contention that
there is no logical rhyme or reason for having the separation, the barrier
between R-4 and R-C go right through the middle of this parcel of land. The
logical barrier would Tigertail. If you note on the map, in fact, the map is
not as up to date as the sheet which is before you, which already some of
the property, on the south side of Tigertail has already been rezoned from
Bayshore Drive right through to Tigertail on the vicinity of 27th Avenue.
This property on one side is bounded by the Naval Reserve Station. On the
other side it is bounded by the Coconut Grove Hotel. I would like to show
you all a picture of the property. This picture is what you are looking at
when you stand on Tigertail and look at this parcel - the 200 feet at the
rear of this parcel. To the right you see a multi -story high-rise Coconut
Grove Hotel, which is right across the street. Straight ahead is presently
an existing apartment building that runs right down onto Bayshore Drive.
Now, we have proposed to the Zoning Board and we reiterate our proposal to
utilize the rear one hundred feet of this property as a landscape buffer,
so that there would be a buffer between Tigertail and this property. However,
we think the logical buffer is Tigertail itself rather than arbitrarily dividing
the property in the middle of the block. Now, one of the things that this will
do is provide a substantial source of employment for a large future construction
site: on this property. We think that the redevelopment of this property will
briaq ;obs fcr about five hundred people. A very large project is contemplated
:i, -_ne portion of the property near Bayshore Drive and the only thing that is...
:•iyc.r :: erre: "'::at's not an arguement for a change of zoning Judge, you know
1 1!
vai:ace: Nivi:t. And the only thing that is coming before you today is a
•c.-: snail rear portion of this property that is for no logical rhyme or reason
:s resently cc:;ed R-4 and should be zoned R-C along with the rest of this
e: t Y •
My.cr =erre: ,aright, is there an opponent to this that wishes to speak here?
'rc t'nere :r.a :cr,e:its from the public. Alright.... I'm sorry, are you
sir.
:".� - '. .... •- ._- _ T_ ' m sorry. Jack, draw for
me on that map if you could so I
a hundred foot
buffer
in the back would be about where?
'-'
T:,e _ rcpert; is how deep total?
25
NOV 10 1982
•i
—
,
a
I
Mr. Luft: Two hundred twenty feet is the yellow portion in depth.
Mr. Plu=er: So, it would be about, not quite half.
Mayor Ferre: Alright, Mr. Luft?
Mr. Perez: Could I ask why the address that you have in the application
is on Bayshore and the address there is on Tigertail?
Mr. Luft: Because the property goes through from Bayshore to Tigertail.
It's one property and the current building that's on that has a Bayshore
Drive address. Alright, Mr. Mayor and members of the Commission, ladies
and gentlemen, the proponent has said there are several reasons why this
should be changed. I think there are probably more reasons why it shouldn't,
but let me name just a few. Number one, it's contrary to the Miami
Master Plan. It would place high density R-C zoning across from ... in
R-2 duplex area and as this Commission knows we always endeavor to draw
our zoning lines on rear property .lines, not down the center of streets
all over the City. We do not see streets as buffers, pure and simple.
We draw zoning lines down rear property lines and that's why it was
drawn here. There is a rhyme and there is a reason for this line exactly
where it's at. Obivously you can look at the map, this would be a precedent.
It would carry the R-C zoning from 27th Avenue to Aviation and beyond.
The effect of this zoning change is to increase the intensity of an office
development on Bayshore Drive by fifty percent. Now, we have some rather
large buildings on Bayshore Drive and they create a sizable <.mount of
traffic. And those of you that drive down Bayshore Drive in the afternoon
rush hour know that it's a congested corridor. Think for a moment that
we are talking about a precedent here, a zoning change that would add
fifty percent to the intensity of office development and traffic generation
on Bayshore Drive from Aviation to McFarlane Road. That's a significant
number of automobiles. I presented the whole detailed case to the Zoning
Board. This property is different than... and we should point this out ---
than the property at 27th and Tigertail where the zoning brought through,
because on that particular case the point was made by the Mayor that,
in that location the property had frontage on both 27th Avenue and Bayshore
Drive and just like Grand Bay Hotel and just like Office in the Grove
the entire property was zoned R-C, but only with that frontage 27th Avenue.
Tigertail is a very different situation and that is our point we are
arguing here. Now, I would like to make one final comment. I would like
to draw your attention to this very precisely. In the City of Miami we
have gone to rather great lengths, on Biscayne Boulevard in the Brickell
area and yes, even in the Downtown area to provide for mixed use development.
This City Commission has seen in it's wisdom to provide zoning incentives
inducements and in fact, requirements that residential development be
included in the commercial development of many of our high density areas.
If there was ever a location in the City of Miami that warranted mixed
used development, that demanded residential be built as a compatible use
with office, just as we are doing in Brickell and Downtown and Omni. It is
this corridor on Bayshore Drive in Coconut Grove. Now, we are all familiar
With the Coconut Grove Hotel and I point that out as an excellent example
:_` exactly the case I'm making here. That hotel developed in accordance
with the R-C, R-4 zoning, providing for three story townhouse units on
Tigertail and for a hiahrise office commercial building, in this case a
::otel on Bayshore Drive. That's is precisely the opportunity that this
;:roject or this property has as well. It's a reasonable proposition and
it provides the nixed use that we so desire everywhere else. To change
!-:is zoning is to simply say mixed use is really not that desirable here.
Wt.- are going to forego the residential opportunities and we are going to
increase our office development by fifty percent. We do not think that
is in the best interest of this area. We think the impacts are
.-ricus and t!:is department is recommending denial of this application.
fir. _ lur:^cx: �,::estion. Mr. Luft, if you have to look and what your
-s credicated on is the R-2 in the back?
is a very big part of it. The mixed use is important too.
t.`
'';• ^Mier: k, alr.ghL. You know, I went for the story about that mixed
arid 1'^... have always said and I will always continue to say, when
h_r
_�c'� use .� � ,. arguement on South !Miami Avenue to put the townhouses, I
* r w•_..t ci and I wish to God I never had.
26
Nov 10 1982
W V
Mr. Luft: Well, that's not mixed use, that's just residential up here,
that's just a zoning buffer.
Mr. Plummer: Well, it's a disaster.
Mr. Luft: Yes, that's not this.
Mr. Plummer: Mr. Luft, I think we all know the project you brought out
to Coconut Grove Hotel and I know of the three story townhouses in the
back or apartments or whatever they are. If I lived across the street in
the R-2 and I'm asking the question of whether I would rather look at -
three story, whatever they are, or one hundred foot of landscaping...
Mr. Luft: May I address that point?
Mr. Plummer: That's why I asked you.
Mr. Luft: This gentleman showed you a picture of a parking lot in the
back of the existing apartment building which was built a couple of decades
ago. We ought to be very clear ... this use.., this term of green buffer
I think has been exaggerated considerably. What in fact we are talking
about is a parking area with some trees in it which we would require anyway
by virtue of our landscaping ordinance and our parking. We are not talking
about a forest of trees.
Mr. Wallace: I'm sorry, Mr. Luft. That is not what I said Mr. Luft.
Mayor Ferre: Let him finish and then I will recognize you. Go ahead.
Mr. Luft: We are not talking about a forest of trees, we are talking about
parking areas with trees in them no different than what we would normally
require. There is really nothing here beyond what they would have to do
other than put surface parking in and landscaping. And a second thing,
beyond the buffering standpoint is the question of highest and best use
of the land. I think we would allconcede that the best kind of buffer
is a like or a compatible use that you want residential across the street
from residential of approximately the same scale. You have go R-2 townhouses
and you have got R-4 townhouses. That's a very good transition. This
City ought to be encouraging not landscaped parking lots as buffers, but
as efficient, effective use of our land that generates taxes dollars
Commissioner Plurmner.
Mr. Plummer: Well, Mr. Luft, you know, Mr. Wallace will have to answer,
ok. I understood a hundred foot landscaped area, not parking, ok. Now,
I want to tell you I disagree. I disagree, if I lived across the street
and I have got to look over and I'm looking at a hundred foot of landscaped
area or a three story apartments, there is no question which way I would
go.
'sir. Luft: Yes, but look at that highrise.
M+.r. Plummer: No, the highrise is in the front. 0k, you are going to have
highrise in the front anyhow. Ok, it's not a matter is the highrise
acing there, it's already as I understand it in the ground or it's about
in the ground.
'.r. Luft: No, no.
:r. Plummer: It's not that where they are demolishing?
..r. Luft: No, this is next to the naval base.
+.r. Plurrner: Ck, alright. here is... they are the same contiguous
fir er. -1r, I correct? The blue and the yellow are the same owner?
Luft: Yes.
Pl,-.,rmer: Ck, now, what we are talking about is that a highrise is
go cr, that blue parcel regardless of what happens here today?
Yr. Luft: That's correct.
`4r. Pl=ner: Ck, now... 27
g l NOV 10 1982
V
Iri
Mr. Luft: Fifty percent less than what they could do with the zoning
change.
Mr. Plummer: 0k, I undersand what he is saying, Mr. Gary, alright, but
it's not a matter of is it a highrise or not a highrise. That is not being
decided here today. Yes, according to Mr. Luft, it could go higher. What
I'm looking at here today is do I as a property owner across the street
want to look at a hundred foot of landscaping or do I want to look at
three story apartment buildings. Now, if Mr. Luft is right and Mr. Wallace
is playing semantics, then I want tolknow that,
Mr. Wallace: Categorically, Commissioner Plummer, it is not our intent and
we offer not to use this as a parking lot. It will be a landscaped area,
exclusively landscaped area and not a parking lot.
Mr. Luft: Commissioner Plummer, I would urge you to think about that for
just a moment. You would like a forest of trees, there is not lighting,
there is no one living there, there is no eyes and ears there, you are
going to walk pass that forest of trees and you are going to feel more
comfortable than if there was a residence there. You know,...
Mr. Plummer: Mr. Luft, you know, excuse me and this is not to you personally,
to the department, ok. How... and Janet Cooper remembers well, how strong
did you people come before this Commission in a project called Brickell
forest. Preserve the trees, keep the trees, add more trees. Now, you are
telling me on the other hand you don't want trees. You are telling me it's
dangerous.
Mr. Luft: There aren't any trees there.
Mr. Plu=.,er: Well, why didn't you tell me if we left the trees in Brickell
forest it would be dangerous?
Mr. Luft: There aren't any trees there Commissioner Plummer. It's a
parking lot.
Mr. Plurnner: So, what you are saying is we ought to close every park and
close every parcel because there is nobody living there. I'm sorry, I
can't acree with that.
Mr. Gary: well, I think we are getting away from the issue. The issue is,
is if he combine those two lots and haven them rezoned consistently, then
he can have fifty percent more in height. Now, obviously there is a difference
between a fifty story building and a hundred story building and the only
reason he is...
Mr. Pluriner: Neither one are permitted under R zoning in that area.
,:r. Luft: There is no height limit in that area.
. ,. . ,ar; : I ' .n talking about the blue area Commissioner.
_. Yl,zmmer: Mr. Gary, you were not around. Do you remember the Allen
wilding? Huh? When this Commission said to Mr. Morris, fine,
wary to do something to improve your property, what are you going to
cr thr. City? We allowed that man to go up an extra floor on his building
_= he would give us a so-called forest across the street which he maintained
dL, a City pai:k. 21ow, you know, you just can't have it both ways. And I
.-,ll say to ycu if I lived across the street and I have got my choice of
lcking at t};e back of the Coconut Grove Hotel which is there now or I
cot a ladscaped area... I'm not saying, Mr. Luft, a Simpson Park
w:..-re ycu can't see two feet inside, but you have got a nice landscaped
rcu. iliink that the people living across the street would prefer it.
i acid:. i ccn't have to lock at cars.
ave ve^1 nice landscaped townhouse projects.
C:,=issicner, the proof is in the pudding, there is not a
;., ectcr to this project either here today or at the Zoning Board.
+_ p'_-mo er: That's fine, rs. Wallace. That's fine. Now, we are talking
cat zcr:ir.g. m,Iright, and I'm saying to you that if I have my choice,
}:ave a problem.
28
NOV 10 1909
to
r]
Mr. McManus: Commissioner Plummer, if I might...
Mr. Plummer: Excuse me, I want to make sure, so that... you know, because
you made a statement that didn't set that well with me, that your intent was
to use it as a landscape. You understand the only way that I would vote
favorably is it would be a covenant proffered by you.
Mr. Wallace: Yes, I understand.
Mr. Plummer: Volunteered covenant, of course.
Mr. Wallace: Yes.
Mr. McManus: Mr. Plummer, if I may, with all due respects that is not the
complete issue as to what you are looking at. We are forgetting the planning
issues. We are forgetting the traffic generations. We are forgetting that
the property is surrounded on R-4 by two sides and R-2 on another side.
We are forgetting about the total impact of this change and what other
changes might be performed subsequent to an approval of this action. These
are planning issues, not whether we are looking at trees or a parking lot
or an additional few stories. The additional floor area to be achieved
by this rezoning creates that much of a greater impact with respect to this
community in this surrounding area. Those are real planning issues as
far as we are concerned that really affect the heart of the community.
And that's the real issue as I see it and as the department sees it.
Mayor Ferre: Alright, sir, do you want to add anything else?
Mr. Wallace: I think the only thing I might add, Mr. Mayor, is when you
look at the map it's easy to forget the Downtown commercial nature of the
area that we are looking at, because if you were to stand on Tigertail
and look at this property to the left you would see the Naval Reserve,
to the right you would see the Coconut Grove Hotel which is across...
Mayor Ferre: Mr. Wallace, you have already said that. So, is there anything
else you want to say in rebuttal? Is there anything else you want to say,
Mr. Luft? Are there any other speakers who wishe to speak on this issue?
Alright, are there any questions from members of the Commission? Alright,
what is the will of this Commission? Are there any further questions?
If not, what is the will of this Commission?
Mr. Plummer: Mr. Wallace, I want to defer this until the next meeting.
Mayor Ferre: There is a motion for deferral.
Mr. Plummer: And I will tell you why. I want to see... I have over here
the administration in my ear. I have made my point very clear.
:Mayor Ferre: Well, we need further information.
Mr. Plummer: I want to see the facts and figures on what that would will
do to the increase of the building and then the impact. I'm not going to
he changing my mind as to my thoughts, but I'm telling you that I want to
defer this out until December. Excuse me? I can't hear you.
Mr. Perez-Lugones: Continued.
.Mayor Ferre: we are going to continue this for the purposes of getting
additional information. There is a motion for a continuance by Vice -Mayor
lummer, is there a second?
:r. Perez: Second.
Ferre: seconded by Commissioner Perez, is there further discussion?
cal_ t::e roll on the continuance.
?i:ERE'_'PCN THE FOREGOING MOTION TO CONTINUE ITEM NO. 6
IN THE NEXT COMMISSION MEETING was introduced by
Commissioner Plx=er and Seconded by Commissioner Perez
and was passed and adopted by unanimous vote.
29
NOV 10 1982
t
[i
FURTHER DISCUSSION:
Mr. Plummer: Mr. Wallace, excuse me, before you leave. I would like you to
consider and to get back with my office in the same way that we did with Allen
Morris, would you allow this to be public landscaped area? I want you to
consider it and then get back in touch with my office.
Mayor Ferre: And let me know too. And I would like to also get the same
information before we come to a vote on this at the next meeting.
Mr. Plummer: And at the next meeting you will also bring with you the covenant
that you so well volunteer.
Mr. Wallace: Ok, thank you.
16. BRIEF DISCUSSION AND CONTINUE PROPOSED ORDINANCE WHICH WOULD AMEND
ORDINANCE 6871, ARTICLE X-1, HIGH DENSITY MULTIPLE - R-5A AND
DIRECTING CITY CLERK TO READVERTISE.
Mayor Ferre: alright, we are on Item #7, which is an ordinance amending...
Mr. Plummer: Mr. Mayor, I received a call from Janet Cooper who can speak
for herself, but there is no question... I pulled the minutes of the meeting
previous to this and this Commission did in fact tell her that this item would
not be heard until December 9th. And Mr. Mayor, I can only say that if that
anything is different, then I think we have to live up to our commitment and
our commitment was December 9th.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Alright, first of all from the Manager and then from Mr. Fine.
Air. Gary: The statements made by Commissioner Plummer is correct and the
administration apologizes for putting this item on in direct contradiction
to what the City Commission had directed us to do and I assure you it won't
happen again.
Mayor Ferre: Alright, Mr. Manager. Mr. Fine. I'm sorry we made you wait
all morning for this Mr. Fine.
Mr. Martin Fine: For the record my name is Martin Fine, 2401 Douglas Road.
Just so I'm not misunderstood, I have no problem with the Manager and the
administration in postponing it, but I think there is a matter of principle
that we ought to talk about here. I admire the tenacity with which Ms.
Cooper addresses herself to certain issues, but it seems to me that the Planning
Bcard and this Commission is become so subservient to her demands that we
can't get anything done in the City unless she feels like doing it whenever
5-,he :eels like doing it. Now, let me just... I'm going to be very brief.
'o , she is here today and the least I think she ought to do if she has
:,:i, nrocedural questions about notice or anything else, they ought to be
raised today so the City Attorney can address them, rather than having us
'.:ere and wait and come back on December 9th and then raise those same
.;uestiens. You know, I think that it's just absolutely wrong. There is
:r it multi -million dollars involved here and I think it's wrong for her
a curtain degree of arrogance to come before this Commission and postpone
:r,et::ina when she is here. She knows as much today as she is going to know
Z'ccer%�er 9th. Ar d I think this matter ought to be heard today, but if
.cu are going to pcstper,e it, is she has procedural objections they ought to
Cocker, yu a «ant to answer that in anyway?
__;c;:er: �•�ali, I don't really want to answer Mr. Fine, because if
arrcgar.t aly.:ut this it's Mr. Fine. I didn't even
ar... t:. speak and he is putting words in my mouth assuming what I
ca .iat 1 do ' know whether I'm prepared or not. I would like to inform
since
this seems to become controversial although
I can't see
e since
it was on today's agenda either erroneously
or at the
4 NOV
10 1982
•'_:�4ij;.
'�i _..� !r phi .. •,5,
1 a
tip, .;rl 1Y"l
. Y ).:`. -. �u'i,. '.i,I.t
V W
or at the design and request of certain developers and their attorneys, that
this item was pretty much snuck by the... as I had stated at the Planning
Advisory Board Meeting that I found out about the day before the Planning
Advisory Board Meeting that published notice, which was the only notice
was defective. I was here on October 14th when this Commission voted to
hear this item next on December 9th. I have not prepared anything. I do —
not have my file with me and I did not have the opportunity to prepare anything
because I didn't find out about this item coming up to day until yesterday
at 11 A.M., which is not sufficient time. All the developers attorneys are
here, Mr. Traurig, Tony O'Donald, Mr. Fine, Mr. Price, Andy Morber and a number
of other people, they all knew about it. They all knew about it a lot before
yesterday at 11 o'clock. The organization which I represent and I am the
president of Save Brickell Avenue, Inc., is the only organization in that
area. Why wasn't my organization notified? Everyone in this City knows...
in the City administration and the Planning Department, knows this is my
area and knows that this is the area of concern of my organization. I'm
not going to get into the conclusions that these facts will present, but
I am not prepared to address either the substantive or the procedural aspects
today. The item is here on error. It was placed by error on the agenda.
It was supposed to be heard on December 9th. I haven't seen any notices for
today's hearing. I cannot address that. And I will appreciate your putting
it on December 9th as you had said you would.
Mayor Ferre: This item will be heard December 9th.
Mr. Robert H. Traurig: Mr. Mayor, may I make a statement regarding that?
For the record, Robert H. Traurig, 1401 Brickell Avenue. Among the things
that Ms. Cooper has said is that she attended the Planning Advisory Board
Meeting. She was here in October she was prepared for that... for the Planning
Advisory Board Meeting and she was prepared in October. Therefore, knowing...
Ms. Cooper: Erroneous, Mr. Traurig. I hate to interrupt you, but that is
erroneous. It's not what I said and the facts are not facts. If you would
me to wait to correct you I will.
Mr. Traurig: well, it would be desirable. I would merely say to the Commission
that there is error and then there is harmless error. She was aware of this
hearing, perhaps not until yesterday, but certainly within a sufficient
period of time to take the file that she has been working on for a long period
of time and to appear here today and she is here today. So, she has the
opportunity to address this Commission. If the Commission has made a commitment
to the public not to hear this until December 9th and can't retreat from that
commitment, then obviously December 9th will have to be the hearing date, but
to say that because she hasn't had the opportunity to prepare for this, we
must defer it, I think would be short changing people who came here from
several thousand miles away to attend the hearing.
Mayor Ferre: Alright, excuse me, for a moment.
Ms. Cooper: flow did they know about it?
Mayor Ferre: Excuse me, please. Thank you. Mr. City Attorney, would you
clarify for the record why it is that we are hearing this on December 9th.
Mr. Percy: Ck, December 9th... at the time this matter was considered at
t';e last hearing Mr. Mayor, the December 9th is the hearing date that was
dr,te_-i:Lned... that would allow us to comply with a State Statute notice
re u:.re:nent. What we are operating under are two sets of procedures. The
Code and Charter and Chapter 166 of the Florida Statutes and by combining
ti:e�e two processes we looked at the most rigid requirement that we would
1,avc: to meet and that would have been the thirty day prior notice before the
sincgle public hearing that the State Statute requires and that would have
beer. December 9th. There is no prohibition however, from the having the
:natter heard prior to December 9th and having the official required public
re>rinc or "ecember 9th So this hearing would be a proper one if the
_c r:,is_=,ic:, chosed to ccnsider it.
erne: Ck, we Just want to
put that on
the record and make clear that
inderstood. And furthermore, Mr.
Percy, for the record, are
with all laws local,
City, Metro
and State with regards to this,
to notice and all the
other compliances?
#i 31
f NOV 10 1982
a
ki, fir ,=5t/Li y� ,may, _y ✓'P ti - — _...�
}iov
Mr. Percy: And international as well.
Mayor Ferre: Alright, and the answer is "yes". Alright, first of all Ms.
Cooper and then Mr. Fine.
Ms. Cooper: First all of, as I stated earlier, which Mr. Traurig evidently
didn't understand. I was not prepared at the Planning Advisory Board hearing
because I didn't find out about that until the day before and had not even
seen the proposed amendments until the hearing itself. Second of all, I have
not been prepared for it because I was among other things waiting for a
transcript of the Planning Advisory Board hearing, which I did not receive
any portion of it until today's meeting and that transcript which I received
I have been told by Mr. Aurelio Perez is incomplete and not proofread. So,
I have not had the opportunity to review the evidence from the Planning
Advisory Board hearing. Furthermore, I have other things to do when I find
out that... when I get an agenda the day before a City Commission Meeting
than to drop everything that I have to do in my personal and professional
life and prepare for a hearing which people had sufficient time on the other
side to know about to come from thousands of miles away. There is something
wrong here when I happen to be ... there was no... by the way you should know
there was no public hearing on this item on October 14th. It came up only
because Mr. Gary requested that you reschedule it from the ordinary Planning
and Zoning Meeting of the Commission on the 23rd back to the 9th. I was not
prepare on October 14th. The item was not on the agenda. There was no
opportunity to prepare. You said you would hear it for the first reading
on December 9th and I would appreciate if you woula keep your word.
Mayor FerrC: Yes, Ma'am. we will.
Ms. Cooper: Thank you.
Mayor Ferre: Mr. Fine.
Mr. Fine: Mr. Mayor and members of the Commission, I want to publicly
apologize to Janet, because the last thing in the world that I want to
do is personalize anything and that isn't where we are at. What we are
trying to do is take care of clients property rights. She has a right to
do what she wants to and she misunderstood me and I'm saying to you there
is nothing personal about that, it's all legal. I just want to make sure
that I understand what's being said. If you are going to hear it on the
9th, is the second reading going to be on the 16th as far as we know?
Mayor Ferre: I certainly have no objections if it's legal to have it on the
16th.
Y.r. Plummer: You can advertise it ahead of time.
mavcr Ferre: I have got no problems with that.
._. Fine: You ;snow, it's just that we can't keep on going.
_- =erre: Alright, Mr. Percy, can we do that?
.ercv: I'm not aware of any problems that, that would cause Mr. Mayor.
r, • l;:iv:r sufficient time to give additional notice.
!fr. Fine: In other words, our request is we are completely agreeable to
cominc_ on the 9-h. Our request is that if it's legally appropriate for it
to be heard on the 16th in the opinion of the City Attorney, would you
,.-)lease hear it on the 16th? I` it isn't we will hear it the next time.
oi Ferre: To that issue... go ahead.
C'�Cner: I'm not prepared to address that issue, but Mr. ongie is saying
_cr his cf_'ice.
?�✓ r Fer e: If we advertise now, it's impossible?
we have to advertise between the readings....
Mayor Ferre: No, no, now, you advertise now for both.
-32
NOV 101982
Mr. Ongie: If we advertise for both, we usually have first readings before
advertising it as a proposed ordinance.
Mayor Ferre: If we advertise first and second reading, the first on the
9th and the second on the 16th, is there any reason why you cannot do it?
Mr. Ongie: Mr. City Attorney?
Mayor Ferre: Mr. City Attorney?
Mr. Percy: Ok, I'm going to ask Mr. Pedrosa to speak to the question of
notice, Mr. Mayor, because the City Attorney's Office is presently looking
at recommending a standardized process that will eliminate...
Mayor Ferre: Where is Mr. Garcia -Pedrosa?
Mr. Percy: He is being summoned now.
Mr. Fine: Mr. Mayor, I'm satisfied if we don't have an answer now so they
have enough time. I don't want to rush them. I'm saying if it's possible
would they please consider it and would you all consider it.
Mayor Ferre: Alright, let's do it this way. Let's formalize it this way.
I will make a motion, Mr. Vice -Mayor, that the first reading of this item
be on December 9th and the second be on December 16th and that it be so
advertised if the City Attorney feels that it is legal. If the City Attorney
feels that it is illegal it will then be in the January meeting, ok?
Mr. Plummer: Is there a second? Is there a second? Seconded. Mr. Fine?
Mr. Fine: Could you put down that it be tl on the December 9th meeting since
we have waited this long and get on the way?
Mayor Ferre: Ok, and that will be the first item on the agenda.
Mr. Plummer: Motion understood? Call the roll.
The following motion was introduced by Commissioner Ferre, who moved its
adoption:
MOTION NO. 82-1065
A MOTION TO DEFER CONSIDERATION OF A PROPOSED ORDINANCE
AMENDING ORDINANCE 6871, ARTICLE X-1, HIGH DENSITY MULTIPLE
R5-A, SECTIONS 3, 5, 6 AND 8 RESPECTTVELY - YARDS, F.A.R.,
LOT COVERAGE, AND USABLE OPEN SPACES, TO THE MEETING OF
DECEMBER 9TH WITH THE SECOND READING OF THE AFORESAID
PROPOSED ORDINANCE TO BE HELD ON DECEMBER 16TH; PROVIDED THE
SCHEDULE MEETS WITH THE APPROVAL OF THE CITY ATTORNEY.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
I
ommissioner Demetrio Perez, Jr.
'Jive-!dayor J. L. Plummer, Jr.
:jayor Maurice A. Ferre
N(C ES : None.
;%L:SENT: Ccmmissioner Joe Carollo.
Mayor Ferre: :'s.
Garcia -Pedrosa, we do not need your legal
opinion at this
time because we made
it as a part of the motion and that is
that the first
reading be on the
9th, the second be on the 16th provided,
that you find
t!:at. tc be legal.
I° you find that it is illegal, then it
will be put off
.
l the zanuary
meeting automatically.
t:
cr t ing, not or. -.is matter, Mz. Mayor,
so we don't have
a::cti, r _,ccurence
of this. Cn the agenda today there is no
indication that
-s u are going to
hear an ordinance having to do with waivers of fees and
,?
zcni.^.g matters.
We have been told for some reason that it
was going to be
,1 �3
NOV 10 1982
�',d,o
to
heard, but it wasn't scheduled and we are just here to make sure that it is
not heard today, because we told people not to be here today.
Mayor Ferre: I understand, alright. Is that clear?
Ms. Cooper: 'Thank you.
Mayor Ferre: Alright, now, there is one issue now that we are through with
this that I, even though, Marty, you did apologize to Janet and I'm glad you
did. Janet, I want you to listen to this. I want to say just on the record
that even though Ms. Cooper does come down here against many, many issues,
I think that as a citizen she is entitled to do that and I want to say that
as far as I'm concerned she doesn't get any more consideration than anybody
else. She just happens to be a little bit more persistent, she happens to
be a little bit more active. Now, that's something that, you know, argues
well for her causes. My only problem that I... and I say this with apologies
before hand, Janet, and I'm not, again, like Marty said, not trying to personalize
this. I see somebody else who is rather active on a lot issues in this
community and that's Dan Paul and he also is accused of getting his way on
things, and the reason why he gets his way is because like you, he is persistent
and he pursues things and he is relentless. The only difference, however,
is that once and a while and the once and a while has been rather increasing
in recent years, Dan Paul comes for things that are positive, like the Bay
walk, ok. And if you will forgive me, my personal statement, I have yet to
see you come in favor of anything positive in this community. I know what
you are against, I don't know what you are for.
Ms. Cooper: Well, Mr. Mayor, if you don't know what I'm for, then I would
suggest that you have a short memory, because I have been here on same issues
as Mr. Paul on the Bay walk, on protecting the waterfront, the Charter amendments.
I have been here in support of a number of developments which have been
properly planned and which are consistent with zoning and I am not a negative
force in this community.
Mayor Ferre: I'm just expressing my opinion Janet.
Ms. Cooper: I have been in probably as many times in favor of proposals
as against.
Mayor Ferre: I would hope that you would be the originator of something that
is creative and positive for the welfare of this community.
Ms. Cooper: Well, I sure that by the time I get to the aged experience that
Mr. Paul was when he did it, I will have had the opportunity. And as you
know, I work very hard for the benefit of this community, not for the bad
aspects.
WHEREUPON the City Commission recessed at 1:20 P.M. and reconvened
at 2:25 P.M., with the following members of the Commission found to
to be present: Commissioner Dawkins, Commissioner Perez, Vice -Mayor
Plu=er and Mayor Ferre.
E!;m: Commissioner Carollo.
LA`_`_7ES , F^OC: ;-2•'_ T,CNS A 4D SPECIAL ITEMS .
_ _sE�::t�d
m+7
To Dr. Luis 'Manuel Debayle Sacasa, prominent Nicaraguan.
(also present will be Francisco Urcuyo, last President
cf nicarague; Silvio Arguello, former Vice President;
Francisco Arginal, former Representative; Jose Debayle,
farmer Representative; Alberto Torres, former Representa-
tive; and Miguel Angel Garcia, Nicaraguan news reporter.
Te Jorge Manuel Perez, for his efforts on behalf of the
senior citizens or Miami.
To Terremark, inc. Presented to Manuel Medina and Julian
:Mesa. For their contributions to this community.
34
NOV 10 190"
0
4
Proclamation:
Declaring November 9, 1962 Dia del
Mason Hispano. Presented
Presented
to Vidal Tarno, Venerable Maestro,
Grado 33; Enrique
Gonzalez, Primer Vigilante; Miguel
Tarno, Secretary;
Alberto
Tarno, Treasurer, all from Sons of
America Lodge No.
7.
Proclamation:
Declaring the week of November 22,
1982 as University
of Miami/
Presented
Jackson Memorial Burn Center Week.
Presented to Dr.
Jeff
Hammond and Mssrs. Ralph Carbone and Stuart Kaufman.
Proclamation:
Declaring the week of November 6,
1982 as F.I.U. Homecoming
Presented
Week. Presented to James Flood, Director of Student
Affairs.
R
35 nel
NOV 10 19"
4P
18. GRANT APPLICATION FOR ONE YEAR F_XTENSION OF CONDITIONAL USE Aln
VARIANCE TO JOSE MANUEL RIPOLL FOR MEDICAL/DENTAL OFFICES AT
1215 S.W. 37th AVENUE.
Mayor Ferre: We are now back on the agenda. We are now on item number 8.
This is Jose Manuel Ripoll for one year extension of conditional use.
The Planning Department recommends approval. The Zoning Board granted it
7-0. Are there any opponents here? Would you state for the record, sir,
your name, your address, and why you want an extension?
Mr. Jose Manuel Ripoll: My name is Jose Manuel Ripoll. I stay at 2530
S.W. 3rd Avenue of Miami. The reason I want a one year extension is
because I just finally got my plans approved by the City of Miami.
Mayor Ferre: Is there a motion?
Mr. Carollo: Move.
Mr. Perez: I move.
Mayor Ferre: Moved and seconded. Further discussion? Yes, sir.
Mr. Aurelio Perez-Lugones: I need two motions, Mr. Mayor. One for the
conditional use and one for the variance.
Mayor Ferre: All right, on the conditional use. This is the first motion.
Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-1066
A RESOLUTION GRANTING A ONE-YEAR EXTENSION OF A VARIANCE
GRANTED FROM ORDINANCE NO. 6871, ARTICLE VIII, SECTION
2(2)(a), TO PERMIT CONSTRUCTION OF MEDICAL AND/OR DENTAL
OFFICES ON LOTS 1 AND 20, BLOCK 1; EUGENIA GROVES PARK
AMD (41-55); BEING APPROXIMATELY 1205-07-15 SOUTHWEST
37 AVENUE, AS PER SITE PLAN ON FILE, WITH 59' AVERAGE
LOT WIDTH (100' REQUIRED); ZONED R-4 (:MEDIUM DENSITY
MULTIPLE DWELLING).
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
None.
Commissioner Miller J. Dawkins
h: Carollo.
Is there a second'.
Seconded by Plummer.
14
r ,t•. ..scussion. Ci
I the roll.
=v?
NOV 10 1982
X.
ri
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-1067
A RESOLUTION GRANTING A ONE YEAR EXTENSION OF A CONDITIONAL
USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE VII, SECTION 1(11)(c)
TO PERMIT CONSTRUCTION AND OPERATION OF MEDICAL AND/OR DENTAL
OFFICES ON LOTS 1 AND 20, BLOCK 1; EUGENIA GROVES PARK AMD
(41-55); BEING APPROXIMATELY 1205-07-15 SOUTHWEST 37 AVENUE,
AS PER SITE PLAN ON FILE; SUBJECT TO DADE COUNTY TRAFFIC AND
TRANSPORTATION RECOMMENDATIONS AS FOLLOWS: 1. ALL DRIVEWAYS
SHOULD BE A MINIMUM OF 20 FEET IN WIDTH; 2. COLUMNS SHOULD
NOT ENCROACH INTO PARKING STALLS OR THE BACK-UP AREAS; 3. IT
IS RECOMMENDED THAT THE DRIVEWAYS ON SOUTHWEST 37TH AVENUE
BE ELIMINATED AND THE NORTH END OF THE SITE BE REDESIGNED
TO ACCOMMODATE PARKING SIMILAR TO THE SOUTH END OF THE SITE;
ZONED R-4 (MEDIUM DENSITY MULTIPLE DWELLING).
(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 Joe Carollo
Commissioner Demetrio Perez, Jr.
Vice :Mayor J.L. Plummer, Jr.
*Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner `filler J. Dawkins
19. DISCUSSION ITEM: SIX MONTH REVIEW OF COMMUNITY BASED RESIDENTIAL
FACILITY LOCATED AT 3175 JACKSON AVENUE.
"savor Ferre: We are now on item 9, which is a six month review of the
C:"'�..,.unity based residential facility (Crisis Nursery) located Jackson Avenue.
C:loria Simmons: ?iy name is Gloria Simmons. I live at 5760 S.W. 64th
in South Miami. I am Program Director of Crisis Nursery. I was
}::structed by you, Mayor Ferre, to come back in six months and tell the
--issiou how the operation was going because there was some opposition
,t the origirial application. I am pleased to report that we have had a
'_:"Inquil coexistence and there are no problems as a result of the
(_")nitional use permit.
I-:avor Ferre: All right. Are there any members of the public that are here
to speak in opposition of this item? Does the Department wish to say
.^:t� '.. 1:s triere a resolution needed?
ttds is just a six month review.
A.n.-: further discussion on this?
t
NOV 10 1982
20. DENY APPEAL BY CELESTINO VAZQUIZ FOR VARIANCE FOR RESIDENCE
LOCATED 3889 N.W. 2 STREET.
Mayor Ferre: We are now on item number 10.
Ms. Vijegas: Mr. Mayor, Members of the Commission, my name is Ms. Vijegas,
I'm an attorney and I represent the applicant, Celestino Vazquez. This is
an appeal of a denial for a variance from Ordinance 6871.
Mayor Ferre: Ms. Vijegas, how long will you need to make your presentation?
Ms. Vijegas: Two minutes.
Mayor Ferre: Go ahead.
Ms. Vijegas: The ordinance which this variance was denied on has been
repealed by ordinance 9500, which becomes effective April 6, 1983. As
you are well aware, the reason for this denial is that he has a utility
room which has a need of a set back of 20 feet and he has a set back...
well, he has not complied with the ordinance. This ordinance 9500 will
require a set back of only 10 feet. His present utility room will comply
with the ordinance that will become effective April 6, 1983. Now, what
I am asking this Commission is to allow the utility room to remain with
type of alternatives not request to tear it down since it will be in
compliance with the variance on April 6th. Am I making myself clear?
Mayor Ferre: I think I understand what you are saying yes.
Ms. Vijegas: On April 6th this variance... the non-compliance will
become acceptable. He will be within the required set back.
Mayor Ferre: We will now hear from the Administration. Then we will
come back to you. Mr. Whipple.
Mr. Richard Whipple: Mr. Mayor and Members of the Commission, we have noted
both the Planning Department and the Zoning Board recommended denial of
this item. The situation is, as we have had come up quite often, that there
are in some instances a very little regard to the laws and rules which govern
us all in the City of Miami as far as construction. In this particular
instance, we have an addition to a structure which was done without permit,
and when our inspection people noticed this they served him with a notice
of violation and their only recourse of course with this violation is a
variance that these people sought. The Zoning Board has been wrestling
with the question, as the Department, for a number of instances. The Zoning
hoard has the opinion and their concern; they feel that we cannot condone,
and we concur also, this illegal or week -end, or night construction that
is uccuring in the City. This is one of many examples that is coming before
Uli. There is no hardship, if you will, meaning the technicalities of this
request to justify the granting of this variance. On that basis, we recom-
::Tided denial and we feel that the Commission should do likewise.
=fir
Ferre: Questions from Members of the Commission?
j ...
Dawkins: I�, it true that... I mean although he has no reason to say
hing false, buc is true that the owner of this property went ahead
_
? jtteWpted to do these things without coming before the Commission or
tae -roper variances'
sir.
would also like to add, Coannissioner Dawkins... I'm sorry
NOV 10 1982
Mayor Ferre: Excuse me, sir. Unless it is urgent that say it, we have
further questions.
Mr. Plummer: What construction company did the work?
Ms. Viejas: I don't know. Let me ask. He did it on his own, sir.
Mayor Ferre: Further questions? Any other statements?
Mr. Carollo: Yes, I have an additional question. You stated that in the
next few days, in April the 6th of '83 the new law is going to permit whatever
construction he....
Ms. Viejas: ....he presently has.
Mr. Carollo: ....he presently has there. Mr. Whipple, how many present
violations would you say there are in the City of Miami in the forms of
illegal additions that have been added to single family homes?
Mr. Whipple: I have no idea, sir.
Mr. Carollo: Well, I tell you, I am no expert in the field that you are in,
sir, but what little I know about it, I can go in just about any street of
Miami and I find one or two homes at the minimum that have some form of
illegal construction that has been added to it. Lately it has been more
blatant than I have ever seen it. I just find it extremely hard, while I
realize that the man has violated our City laws, I find it extremely hard
to punish him now and force him to tear this down when in just five or
six months our law is going to permit the type of construction he has there.
You know, it does not make sense to me. At the same time we are letting all
kind of other people blatantly violate our laws, but this is the only guy
we are going to pick on.
Mayor Ferre: What is the will of this Commission?
INAUDIBLE BACKGROUND COMMENTTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: You certainly may. This is a public hearing. You have the
right to say anything you want. You have three minutes.
Mr. Antonio Pardo: Mr. Mayor, Members of the Commission, my name is Antonio
Pardo. I live at 3888 N.W. 2nd Terrace. My property is abutting on the rear
with the the property 3889 N.W. 2nd Street owned by Mr. Vazquez. I oppose
the variance asked by Mr. Vazquez mainly because the only thing this
gentleman has in mind making an addition to his home is to use such addition
for rental purposes, which has been proved by the City inspectors. Let me
call to the attention to the members of the City Commission that in the
meeting of *larch 22nd of this year before the Miami Zoning Board, Mr.
Vazquez was asking for a variance to permit an existing utility room that
'lie built leaving only .OS for rear yard. He was granted on that date an
extension to correct the violation. Because in fact the utility room is not
tht truth one quarter of the construction issue and the rest is a bathroom
that Mr. Vazquez.. is a bathroom, excuse me. ".r.Vazouez instead of correcting
the. violation. 'Then requested permision to keep the utility room and the
Lathroom. As you, Members of the Commission, can see Mr. Vazquez is a
very hard to please person since he asked for the same variance with a
different name, both in violation with the Miami Building Code.
I would also like to add that Mr. Vazquez has his own garage rented
iri different Just the same as the new room addition. I
request from the Commission to solve this problem once and for all by
Mopping the mocker; that this meek gentleman is making of everyone in
on dace and situation. Thank you.
Car,:)110: Sir, if I may ask you a question. How close to him do you
14_ D( ou see the map over there? Do you live to the side of him?
`t:.."iJz 'rem.: Are you lot 3, 2, or 11?
39
NOV 101982.
Mr. Pardo: Mine is number 3.
Mr. Carollo: Yours is number 3. How close to your back property is this
so called utility room? Did you say it was five feet?
Mr. Pardo: It is 10.5; he should have left 20.
Mayor Ferre: It is 10.5 feet.
Mr. Pardo: It is 10.5 feet.
Mayor Ferre: Eleven.
Mr. Carollo: Mr. Whipple, how far is it from the property? Is it eleven
or ten?
Mr. Whipple: It is eleven, as stated in the fact sheet, sir.
Mayor Ferre: All right, we have another speaker here and then I will
recognize you for rebuttal. COMMENTS IN SPANISH.
Unidentified COMMINTS IN SPANISH.
Mayor Ferre (translating for Mr. ? ): Commissioners of the City of Miami,
in the month of December, 1981, I denounced this man for having a duplex.
Here are the inspection reports of the City of Miami inspectors. Here is
the other inspection that was done October 16th. That is the second violation.
Unident.: -?ne has to remove
Mavor Ferre: I can't translate that.
Mr. Plummer: The Mayor speaks English, Spanish, but no Spanglish.
Unident.: CC'TIENTS IN SPANISH.
Mayor Ferre (translating for Mr. Muso): That he has illegal plumbing and
he is renting it out. I am opposed.
We have one more speaker. Do you want to speak, sir?
Mr. Rafael Muso: CO',0iENTS IN SPANISH.
Mayor Ferre (translating for Mr. Muso): A lot of times they are putting
ads in the newspapers and they come to my home asking if I am the guy renting
a back room apartment. I say, "No, it is the guy next door."
_-
`s. Viejas: Have they brought any proof of those alledged acts that they
ago
are talking about?
Ma,.or Ferre: The man just made a statement, and I translated.
'•!s. Viejas: CO`IMEtiTS IN SPANISH.
Ma-.%,r Ferre: Into the record, please, in English.
ie j as : Have you brought any proof of those acts?
Fcrre: llay algun comprobante? (Alm I going to be hired as a translator
'.r
'izimmer: iou'll be the cheapest one that we have had in a long time.
IN SP_LNISH.
'°
:jn::lating for Mr. Muso): They knock at the door and I have
don't have copies of the newspapers. He says, "are
n apartment?" I say, "No."
J0
NOV 10 1982
° , ,�aj','4i" S.Y r•: �Y. `4.Y' •r'--Y.. ^i � ..:.� ns.- Y, c
Ms. Viejas: I have a question. How do you know they are referring to
this gentleman right here, to Mr. Vazquez?
Mayor Ferre: This is not a Court of Law. Let the record certify that he —
made an assertion and you denied it. Let's move on.
Mr. Gary: Mr. Mayor.
Mr. Muso: COMMENTS IN SPANISH.
Mayor Ferre (translating for Mr. Muso); The proof I have is that they knock
at my door, wake me up, and that is proof enough. And they have the address.
Mr. Muso: 3889 N.W. 2nd Street. My address is 3889 N.W. 2nd Terrace.
Mayor Ferre: Anything else?
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: I would like for the Administration to make a few comments, if
I may.
Mayor Ferre: Yes, sir, Mr. Manager.
Mr. Gary: First of all, I don't think it is necessary to have proof of a
newspaper ad. Our inspectors have identified that this single family was
turned into a duplex and we required them to comply with the current Zoning.
I would like to add that the City of Miami does not practice selective
enforcement. A reason a lot of these matters are not coming before the
City Commission is that we presently have a Code Enforcement Board, which
is now looking into these matters. I understand that the current ordinance,
or the ordinance that is proposed to become effective very soon....
Mr. Carollo: But Howard, isn't it true that even if the law will become
effective in April of '83, it might permit to construct a utility room
nearer than it is now. However, it is still going to be in violation
of the law if what these people have stated is correct, that they are
renting this place out. The new ordinance that we have in '83 is not
going to permit them to rent that place out. Am I correct in that?
Mr. Gary: That is correct. But I would like to also say, Commissioner,
this City Commission has gone on record in terms of this enforcement
of Code violations and zoning violations. As a result we have added five,
six, seven additional inspectors. We have established a Code Enforcement
Board. This particular owner, this particular property I agree has made
a mockery of our existing laws. As demonstrated by the violation
exists here. He has done it illegally. He has constructed it illegally.
It is not a hardship. It is a self imposed hardship. It is my opinion
that if we have a law in the book, we should enforce it.
Mayor Ferre: The Chair says that we have gone through this all sides. If
you are going to make a motion, go ahead and make your motion.
Mr. Carollo: I just want to ask one more question.
'!acor Ferre: Go ahead.
�!r. Carollo: Juan, are you the inspector that checked that place out?
Mr. Juan Gonzalez: Yes, for the record, my name is Juan Gonzalez. I'm
3 zoning Inspector for the Fire -Rescue Inspection Services.
Carollo: Are they indeed to the best that you could observe renting
t;i place out or intend to use it an additional place for people to live
'i. 6unzal.ez: Yes, sir. This property has a long list of violations.
took over the case in February 1982 and on the last inspection on
August 5th, there were three sinks. In other words, not a duplex,
41
NOV 10 1982
Mr. Gonzalez (CON'T): but a triplex, that was actually being rented out.
As far as zoning is concerned, we still believe they still may have people
coming in and out. They rent it every now and then. We have had reports
of ads being run and so forth.
Ms. Viejas: Excuse me.
Mayor Ferre: Ms. Viejas.
Ms. Viejas: The only people whom I know have lived there are his parents
when they came from Cuba. He said to me that they lived there. He has
not rented that place out.
Mayor Ferre: Commissioner Carollo.
Ms. Viejas: And he does not plan to use... let me just make my point. He
does not plan to use that utility room, which is the name for it. (it is
not an apartment) as an apartment, or as a....
Mayor Ferre: Thank you. Commissioner Carollo.
_ Mr. Carollo: Mr. Mayor, with no disrespect to anyone here, but I tend to
believe the word of our little guys in the Zoning Department a lot more
than all the big wheels we have. If this inspector tells me that is the
case, I believe it. I think that you all know how I feel. I try to give
the little guy a break in situations like this, but it certainly appears
that it is a clear violation, what we have here. Therefore, I make a motion
that we deny.
Mayor Ferre: There is a motion for denial. Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Seconded. Further discussion? Call the roll on item 10.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 82-1068
A MOTION DENYING APPEAL BY CELESTINO VAZQUEZ OF
VARIANCE DENIED TO PERMIT EXISTING UTILITY ROOM/
BATH ADDITION TO RESIDENCE AT 3889 N.W. 2ND STREET.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
-= Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
SENT. None.
sl
'i9
NOV 10 1982
V
21. UPHOLD GRANTING OF CONDITIONAL USE TO PEPLMIT ADDITION LOT 1,
BLOCK 9, OVER BROOKE PARK, LOCATED 3400 S.W. 28th STREET.
Mayor Ferre: We are on item 11, an appeal by objectors of the variance
granted to permit an addition to existing residence at 3400 S.W. 28th
Street, with a proposed 15' rear yard (20 yards are required). The
Department recommended approval. The Zoning Board granted it 7-0. There
was one objector. Are there any objectors present? Are there any objectors?
Is the applicant here? All right, step forward, Mr. Applicant. Will the
Department explain this to us very quickly?
Mr. Richard Whipple: Very quickly, Mr. Mayor. This is a small site. Because
the site is a refaced lot as they call it, what is considered the rear under
the refacing, was previously a side lot line, which would have required less
set back. So on that basis and on the basis of providing more than what the
side set -back would have normally been and the size of the property, we
recommend approval.
Mayor Ferre: Are there any questions from the members of the Commission?
Are there any objectors? Would the objectors step forward please? Yes,
Ma'am.
Ms. Elizabeth Pearl: My name is Elizabeth Pearl. Is this item 11, sir?
Mayor Ferre: Yes, ma'am.
Ms. Pearl: I live next door to Mr. Fernandez, 2820 S.W. 34 Avenue. As it
is here, they say here in the agenda that one objection was in the mail
_ and two replies. I filed. I had thirteen objections that I turned in
to the Zoning Board, which does not appear over here.
Mayor Ferre: This is one person objecting. You may have one or twenty
objections, but it is one person.
Ms. Pearl: Twenty different people? Twenty different houses?
Mayor Ferre: No, no. You had twenty, you say?
Ms. Pearl: I had thirteen different houses, yes.
"favor Ferre: I see. Let the record reflect that.
`is. Pearl: And it is not listed over here, O.K. I had a lot of people
;sere with me. But they were here since 11:00 and they left. What I am
saying over here is that I have lived at the same address for 31 years.
_ i have lived in Dade County 35 years. I have been a widow for 23 [years].
- 1 ;nave raised two kids and never asked for anything, just to be left alone
=�
ir. my house that I paid for and pay taxes on. I had the right to build on
this lot in the back, because it is 2R Zoning and I had plenty of room
in the back. I did not build because I enjoy the open space. That is
why I stayed here. I would not like to be chased from my house, because
i have no place else to go. That is what happens to a lot of people when
they get crowded in. If this is allowed to happen the way it is proposed,
? just found out that my neighbor for 16 years is going to build an eight-
:oot wall right on my property line. He has a Florida room which he did
". not mention last time, which I have the same, which is ten feet by seventeen
:met already existingj. He has plenty of room to add on to make a big
room which he wants to build without taking five feet more going
.,t,r on my property. I think that I am really entitled to have my space
house the way T have had it all this time, instead of coming in on
wails, and I understand also garages and everything like that.
•:fro. .
l�
SfzSrr t , { {';Pe
�,43
NOV 10 1982
0
Um
Mayor Ferre: All right. Thank you.
Ms. Pearl: I think that Mr. Fernandez has lived there for sixteen years.
It seemed that he had enough room for sixteen years. If he wants to
expand on his property line and do whatever he wants to do, then there
is nothing that I can do about it. That is his privilege.
Mayor Ferre: Thank you, Ms. Pearl.
Ms. Pearl: But if he wants to crowd in on me then that is another matter.
I am very upset because I do not intend to move. I have no place to move.
But I am going to have to because he is building me completely in. The
whole side of my house... I cannot have any air-conditioning. I have
medical problems. He is going to build me in completely. It is not
fair. I think everybody should have a right. If you make laws, and we
have this master plan, or we have any other plans, or we have any other
laws, I think every citizen should be entitled to consider the next
person; not take away everybody's living space. If he does not have enough
room then he has to find a bigger place to live, but he cannot take away
what belongs rightly to me.
Mayor Ferre: Thank you, Ms. Pearl.
Ms. Pearl: It is just not fair.
Mayor Ferre: Do you want to answer her in any way; Mr. Fernandez?
Mr. Fernandez: Mayor, Mr. Commissioners, I would like to explain something
I believe there, for the past.... My address is 3400 S.W. 28th Street for
the past fifteen years. What I intend to do is make a Florida room. What
I ask for is five feet in the rear set back. I want to be fifteen feet
from her property. I only need five feet.
Mayor Ferre: Mr. Whipple, would you tell us one more time why it is that
your Department is recommending this?
Mr. Whipple: Mr. Mayor, if you would refer to the map on the wall, the
two corner lots have been refaced. In other words, they have taken on a
different configuration from the original platted lots, which is permitted
by our zoning ordinance. Where there would normally have been a five-foot
side yard requirement, had the lots remained developed in the manner in
which they were platted, there would only be a five foot side yard requirement.
As they were refaced, it changes the front of the site and now requires
twenty feet where five foot would have been. We felt that due to the
small size of the lot and by attaching the condition of a single family
residence on the site and not a two family, that the request was reasonable
and appropriate.
Mayor Ferre: Yes, ma'am.
"!s. Elizabeth Preston: My name is Elizabeth Preston. I live at 2844
S.W. 34th Avenue. I am two lots from the corner, one lot from Mrs. Pearl.
am one of those who sent in favor. The card came quickly. I want to
rescind my favor. At the time I should not have mailed it without finding
out what was going on, When I read the minutes Mrs. Pearl showed me;
the minutes mentioned that there was going to be a bathroom and closets
and more space, I wanted to check into it. The building zoning has a
plan down there for a garage. Now, living in this area for some time,
as Mr. Carollo says, there has been a lot of illegal building going on
there. This is why we want to be very careful. Because we have one
:,erson on a R lot than now has expanded it to five units. I also am
:n real estate. I sell in the area. The area, when my mother and father
.uuctit the house that I am in in 1944, in the 1950's they blanket -zoned
area R without realizing the size of some of the lots. I have
_olci houses on 25ti: and 2'th Terrace which have 40 x 100 lots. These
;.anpla were told when thev wanted to expand that they would have to
_t-main one residence. So now, here we have to go changing them as we
necaus,:, a_; Mr. Fernandez on fortune has a corner lot that is small
Don't Lnin:c there would have been any objection to just the five foot.
44 NOV 1 0 1982
0 0
IF19
Ms. Preston (CON'T): We should actually see the plans for what he is building.
When he came before the Building and Zoning Board he did not have a plan with
him. Mrs. Pearl said, "I did not see any plan presented." He should have
come before the board with his whole building plan.
Mayor Ferre: Thank you, ma'am. All right, Mr. Fernandez for a quick
rebuttal.
Mr. Fernandez: I have been a real estate broker for the past nineteen years.
I have had my office on 8th Street for sixteen year. As a general contractor
I build in the City of Miami. They know me very well, Harry Fernandez. Even
across the street from my house, in that neighborhood I built four duplexes.
I build very fine houses to improve the neighborhood. What I ask is only
five feet of my twenty feet. Thanks so much.
Mayor Ferre: Yes, ma'am.
Ms. Elba MacPherson: I am at 3430 S.W. 28th Street, Elba MacPherson. I
have lived here for 33 years. Our little area still clings to the
character of individual single homes with a nice front lawn and a back
yard with fruit trees and lovely things to grow. I have seen what is
happening to our area. Across the street a second story was added and
the building became a big apartment house. Down the line another second
story and there are three or four families in there. I don't want our
area to become a tenament area. I want it to remain single residences
with some greenery. I can speak with a very bitter experience. I am very
friendly with all of my neighbors. But about twenty years ago my neighbor
built across my entire back lot; he built another house into which he moved
and then rented out the front house. Now, before that house was there I
could look out my kitchen window or across my back yard and look down a
big green commons. Everybody's back yard was backing up and it was very
lovely. After that big wall came in there I no longer have the view. It
cut out all the sunshine from my yard. It cut off all the breeze. So I
am pretty well boxed in. If more additions are going to be added down a
couple of doors from me two more of my neighbors are going to be boxed in
and it certainly is depreciating the value of my home and the contentment
of my home. I hope that no building will be permitted that might turn into
rental units. I have seen these things where they are just adding a story
or adding a room. Before you know it, it's an efficiency or an apartment,
or a multi -purpose home. I just hope that no more building will be permitted
to ruin the character of our single individual residences with some greenery.
They paved over and built over every blade of grass that they can find near
by. I hope that they leave ours alone.
Mr. Carollo: Mr. Whipple.
Mayor Ferre: Questions from the Commission.
Mr. Carollo: The lady that was here before the last speaker, can you or
someone from your Department make sure that you get the address from her
of that R-2 duplex that has been converted into an R-5?
'.,hippie: Yes, sir.
Mr. Carollo: *fake sure that her name is not used when the Zoning Inspector
45 sent over there.
.Ir. Whipple: Yes, sir.
".r. Carollo: Secondly, on this particular property that we are discussing
right now, what is the site of the lot?
?r. ;cripple: 75 s 85, sir.
`4r. Carollo: 75 x 85.
.i:i,, 1,_ : Yes, sir, in round numbers.
3-5 Nov 10 1982
40
V
Mr. Carollo: The new ordinance that is going to come into effect in
April 1983, what is the set back that it is going to allow?
Mr. Whipple: The set back will be ten feet, sir.
Mr. Carollo: Ten feet. The present set back is twenty feet. What the
gentleman is asking for is fifteen feet.
Mr. Whipple: Yes, sir.
Mr. Carollo: I am trying to be as fair as I can to both sides. If he
would wait until April he would not have to come before us for any kind
of variance permit and he could build five feet closer to your property
than he is willing to build now. So, I guess what I am trying to tell
you is that it is probably going to be to your advantage for this Commission
to pass it now because come April, he will not have to come before us and
can build five feet even closer to your property instead of the fifteen
he can build ten feet. Yes, ma'am?
Unidentified Speaker: Did you ask me for an address?
Mr. Carollo: If you would give it to one of them, I would appreciate it.
Thank you, ma'am.
Mrs. Pearl: I would like to say that every body advised me not to come
here without an attorney. I cannot afford an attorney.
Mr. Carollo: You don't need an attorney to come here ma'am.
Mrs. Pearl: I could not afford one and I did not get one. But I feel that
as a tax payer I think I should have some consideration also, not just
people that want to build and add. If this is not the way, if the law
now says until April or until May or whatever, that 20 feet is the set
back from the property, I think that the law is made to be obeyed, not just
for certain people to be asked to be disobeyed. I have all kinds of medical
problems. Like I said, I have lived there for 31 years. I don't think this
is the time for me now to move. I will have to move and sell my house
which will depreciate because the gentleman I found out is not building
15 feet only, but he is adding an eight foot wall after we were friends
for 16 years. He decided he is going to add an eight foot wall to
divide my house from his right on the border line, right where the
fence is now. Well, I did not do anything wrong for asking that the
law is twenty feet. I ask the law to obey whatever it says. Because
the laws are made... if there is a hardship I understand. If they would
have ten kids or five kids and they have to expand to the point where
they have to infringe on somebody else's property, then I understand
because they need the room. They lived there for sixteen years. The
son is grown up and right now infringing on my property rights! I do
not think that it is fair and I do not think that is the way that it
should be done. If you are talking about a master plan, if that is the
master plan to build up somebody else's house, completely the whole end
of the house... I allowed twenty two years ago my neighbor in the back
to come five feet from my property line because this is my back yard.
I never opposed him. This lady did not need everybody here now.
The idea is that this was my back yard. I did not have any problems.
It did not block my living space. This is another matter because this
Is blocking the whole length of my house. I cannot have air conditioning.
do not have any. He is going to block me completely off adding on now
�n sight- root wall 'because he does not like what I want. So this is just
fair. if this comes really to the point that I can't get any justice
?:ne, I have no choice but to take an attorney and take this matter to
�,urt. and take a second mortgage on my house, because I am not ready to
r-:n out of thi:.3 town like a lot of people do. I live here. I came out
_i c:::tcentratien camp, bought tt,is house, I still live in the same house.
two ei ildren all by myself. I never asked for any help from
cut I would like to have justice done. I think I deserve some
ds a ._itizen, as a taxpayer.
NOV 10 1982
Cl
Mayor Ferre: Thank you, ma'am. Now I think we know both sides of the issue.
What is the will of this Commission?
Mr. Carollo: Maurice.
Mayor Ferre: Yes, sir.
Mr. Carollo: With all respect to the lady. I certainly understand how
she feels. But I don't think that she understands that the law permits
this individual, her, or anybody else to have an eight foot high fence.
They can do it by our laws. Secondly, the law now until April, when
it changes, is that you need 20 foot set back. He is asking for 15,
five feet less. But come April, the law is not 20 foot anymore. It
is ten feet, which means that he could build instead of the fifteen
that he is going to build now, he could build ten feet, even five feet
closer to you. So, knowing what the law is going to be in April, I
think it is going to be a disservice to you and to him both if we don't
give him the extra five feet now. Therefore, I make a motion to approve
the variance request that he is making now.
Mayor Ferre: There is a motion on item 11. Is there a second to that
motion?
Mr. Perez: Second.
Mayor Ferre: Seconded by Commissioner Perez. Is there further discussion?
Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-1069
A RESOLUTION UPHOLDING THE GRANTING OF A CONDITIONAL USE
AS LISTED IN ORDINANCE NO. 6871, ARTICLE VI, SECTION 3(3)(a)
TO PEiLMIT AN ADDITION TO THE EXISTING RESIDENCE ON THE
E74.87' OF LOTS 1 AND 2, LESS THE N10' OF LOT 1, BLOCK 9;
"OVERBROOK PARK (3-206)," LOCATED AT 3400 SOUTHWEST 28TH
STREET AS PER PLANS ON FILE, WITH A PROPOSED 15' REAR
YARD (20' REQUIRED); ZONED R-2 (TWO-FAMILY DWELLING).
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
";Oi::i: 'gone.
VBII",T: None.
NOV 10 1982
6
j:
A
22. DISCUSSION AND CONTINUED FOR FURTHER INFORMATION AN APPEAL
BY THE PLANNING DEPART11AENT OF THE VARIANCE GRANTED FOR OFFICE
BUILDING LOCATED 1198 SOUTH BAYSHORE DRIVE.
Mayor Ferre: Now we are on item number 12, an appeal by Planning Department
of the variance granted to permit construction of an office building,
Crystal Tower, at approximately 1198 South Bayshore Drive. The Planning
Department recommeded denial. The Zoning Board granted it 7-0. The
person from the department who is the appelant.
Mr. Richard Whipple: Mr. Mayor, Members of the Commission, as noted this
is an appeal by the Planning Department before the variance is granted
for the subject property. I would like to take just a couple of minutes
to explain basically a two fold purpose of this appeal because we feel that
we are at a point at which this Commission ought to be aware of what has
happened and of positions and conditions of an area. We wanted to bring
this to your attention, hopefully in support of our appeal. We are
opposed to the variances that were granted primarily because there is
no hardship in our opinion that justifies the granting of these
variances. The second reason that we are opposed to the project
is that pursuant to discussions with this Commission and pursuant to
this Commission's recommendation and approval we went to a wholesale
rewrite, if you will, of the RC Zoning Districts. We feel that because
of the revision to the RC District with the intent of providing more
ground pedestrian amenities by allowing more flexibility and design,
by allowing more coverage, by allowing more floor -area ratio, that
there should be no need to come before this Commission, or the Zoning
Board to request variances. The legal matter of hardship and grounds
for the variance we have always felt strong and I don't believe that
we need to go into great length. An example that I have used before
with respect to variance, how can there be a hardship when the applicant
is able to achieve what is permitted in the terms of the ordinance, for
instance, in floor area ratio, and yet he is asking for more. How can
more than what is permitted be a hardship? The hardship is one that
deprives him of a reasonable use of the land, where the interpretation
of the regulations is such that he can't get a reasonable use through
the literal interpretation of the regulations. So we submit very
strongly that there is no hardship by which to justify these variances.
Getting back to the redesign of the RC Zoning District, I would
like to use a couple of examples of the changes and modifications that
took place in the RCB hoping... To illustrate the point, we believe
that RC District is well drafted, is liberal, and permits the amount
of development that is proper for the area. You may remember lot
coverage in the old RC District (RCB, I'm sorry) was on a sliding
scale. It went from 30% ground coverage of a one or two story building
to a more restricted lot coverage of approximately 8% to 10% for a
300 foot high building. Today a 300 foot high building can cover 20%,
not the 8% that was permitted. The applicants are requesting coverage
of 32: overall, but basically 27% coverage of the tower. This is 7%
over the 20% permitted and is approximately 20% over what was previously
permitted in the RCB. Floor area ratio, likewise, was a great change.
started out with a base floor area ratio of 1.5 in the old RCB.
�e add some bonuses which would take it up to approximately a 2.2 or
.3 2.5. We now start with a much larger base of 2 and move on up so
t:;at if you have mixed use, as we believe in, you can have up to a
:loon area ratio of 5 in the RCB, based upon bonuses, pedestrian
amenities, arcades, plazas, and things of that nature.
To be quite blunt, we think it is quite a mockery for someone to
.:.;rye tefore this Commission requesting variances on a brand new district
..n_n_ i }ray ;_.een liberalized as far as lot coverage, set backs even, floor
lrea ratGs. We find no basis and no justification for granting variances
such as t_,wse. There is no hardship. The RCB District responds to the
^�.issin's concerns and our conceni for the old district. We believe
-r;ouId uphold those regulations equitably and fairly for all
olw:lers in the area. So on that basis, we have recommended denial, or
;;e would like to appeal the approval granted by the Zoning Board and have
Ciry Commission overturn their decision into a denial of the variances.
NOV 10 1982
r
Mayor Ferre: Now for the applicant.
Mr. Al Cardenas: Thank you, Mr. Mayor, Members of the Commission. For
the record my name is Al Cardenas. Our offices are at 888 Brickell Avenue.
With us this evening is the applicant, Mr. Norbert Fall, who is the probably
largest developer in France, who has come here to develop this project.
Also with us is Mr. Candela and members of his architectural firm, Spillis,
Candela and Partners, who were here and have been working with us and
the City for quite some time on this.
You know, we started on this particular matter, working with the
City authorities, since 1981. We have successfully been before the
Urban Development Review Board. The Urban Development Review Board
unanimously approved our concept. We went before the Zoning Board seeking
three variances. We had a presentation and a lively dialogue with members
of the Planning Department in front of the Zoning Board. That presentation
took about an hour and a half. It was comprised of 15 or 16 arguments.
We can have a replay for you this afternoon. All the 15 or 16 exhibits,
which comprised our argument. Members of the Zoning Board, unanimously
(7-0) approved the variances which we requested.
I think the reason for that is very simple. We honestly believe
that the Planning Department came up, I think, with the City authorities
and a lot of us in the private sector, with a very fine ordinance RCB.
I think what the Planning Department is really telling you this afternoon
is that they have to take a custer's last stand so that they don't
establish a precedent after we have worked so long and hard to have this
RCB ordinance drawn up. We have no argument. We have said that this is
a very fine ordinance. It is a very fair ordinance. But you know, it is
the same story as to why there is a Zoning Board. There are certain
particular lots whose size, shapes, and configurations are such that a
literal interpretation of an ordinance would create an unnecessary
hardship. This is a particular case here. You have an unanimous
approval and agreement by the Urban Development Review Board. You
have had an unanimous approval by the Zoning Board, 7-0.
Basically the problem is very simple. If I could have the aerial
shot. You have this RCB ordinance, which comprises the area inside the
yellow boundary there. As you can see most of the lots covered by this
ordinance were 180,000 square feet, 70,000 square feet,
350,000 square feet, 88,000 square feet, 210,000 square feet, and so on
and so forth. Our particular lot's dimentions are 28,750 square feet,
barely 25: to 30*% the size of the representative lot in that particular
district.
If you took the lot coverage and F.A.R. applied by the RCB ordinance
and placed it on this particular lot, this is what would happen: you
would have an unbuildable building. There is nothing you could do to
construct in this particular site unless these variances were granted.
It has nothing to do with the whims of a developer, with the whims of
the architect. It has to do with engineering. You have to provide the
proper off street parking facilities. You need to have a proper radius
for those facilities to work. If you look at this particular lot size,
which is an L-shaped lot size, if you take the RCB ordinance at heart,
phis is what you could do. You could build on this particular tract
;ere taking set backs into consideration. That means you can't build.
would be a useless piece of property.
Now, what is it we are asking for? We are not asking for anything
out of the ordinary. When we came here before the Zoning Board, we said,
"Look, this is our piece of property. This is how it is. It is irregular.
It is L-shaped and it is a perfect definition of what is an unnecessary
::ardship." That is why there is a Zoning Board and that is why variances
are granted, whenever lots have an odd shape or configuration. In this
-articular case, if our lot was a rectangular shape lot, the F.A.R. would
-e a total of 3.568. We came here before the Zoning Board. We said,
"!ook, we want a 3.613 F.A.H. because we think that the design of the
.architect have come up with, the function of the building warrants it.
:he Zoning board said, "I don't agree with you." We went back. We met.
we agreed with the Zoning Board. The Zoning Board said, "Look, fellows,
we agree with you that it is a hardship to have this type or shape of
ot. .:u :;,tree with you in every sense of the word. Therefore, we are
going to allow you to build, based on this square footage, as if you
.,ad a rectangular lot, but no more, no less." Based on that, we agreed
with the Zoning Board. We entered into a consent agreement. We agreed
'19
NOV 10 1982
Mr. Cardenas (CON'T): ....to reduce our request from 3.613 to 3.568. By
doing so, all that the Zoning Board gave us was the right to, F.A.R.-wise,
to build where we would have been entitled to build on a lot the very same
number of square feet but whose configuration happen to be rectangular.
Now that happens all the time.
There was one additional problem that was brought out by us, which
was not considered in our opinion by the Planning Department. That is
you folks remember that the parking structures and facilities at
Brickell Tower, Interterra and so on and so forth. When the City
officials calculated the F.A.R. for those particular projects they
excluded elevator shafts, electrical meter rooms from the calculations
that were within those parking facilities. They included them in ours.
So if you had applied city-wide the very same formula that you applied
for other structures, we would not even have needed a variance. But
we did not want to argue with the legal interpretation of that particular
privision and we came here seeking the F.A.R. We are not getting anything
more than what we are entitled to. We are getting exactly what we are
entitled to had we had a rectangular shaped lot.
Mayor FErre: Any other statments, Mr. Cardenas?
Mr. Cardenas: I'll make this brief and then answer questions. This is
about the lot coverage. You have a provision that if you have a shielded
facility, the lot coverage that you are allowed is not 20%; it is 30:.
Here is what we did. Here is the very same structure that we have that
we could have built in this particular site with this being the parking
level. We came up and we said, "Look, we are willing to spend an additional
half a million dollars to provide a proper shield." So instead of having
this particular structure, here is the structure that we are planning.
As you can see with this particular building, there will not be off
street parking shown because we have spent over half a million dollars
additional to that, I think, that the ordinance allows us or makes us
have in order to show a total, complete facade and totally hide the off
street parking facility. Because of that, we made the argument that
this constituted a shield and as such you should look at this not as
a 21.some:' lot coverage, but you should look at this as a 30% lot
coverage, which indeed is in keeping with the principle of the ordinance.
Then we went back and we said, "Look, instead of a 32% lot coverage
we could be asking you for a 2790 lot coverage and be well within the
30%' allowed by the ordinance, but we don't think you should do that.
Because esthetically you would be going contrary to the intent of the
ordinance, which was to create the proper pedestrian flow and plaza
enjointment.
So, here is what that 32% and 27% difference consisted of. We have this here
which is an accessory structure considered which is nothing but the
electrical volts, measuring generators, and so on and so forth.
�Iavor Ferre: would you let me see the rendering on the other page.
'.!r. Cardenas: Sure.
Mayor Ferre: You can't see that in that drawing, can you?
:fir. Cardenas: It is behind, but I will show you another rendering
.:iiich will show that facade. If we had taken this particular structure
nd placed it in here, we would have had a 27% lot coverage. But what would
-.tie have done, we would have eliminated a beautiful retail part of the
;laza whic:% is the basic intent of the ordinance, to create a traffic
:lnw 'i r.edestrians and so forth. So by moving this particular structure
building we have created a much larger retail area and
_ area, as siown here, which is what the ordinance calls for. We
Bua d, "Loop:, we will be willing to accept your 27.someY,
t ,e 30'. that we think we are entitled to, but by
ti:at we ;could be doing would be running contrary to the
o, vr,ur ordinance. Lat us have the 32 o instead of the 27%.
c sc::ac more retail space and more plaza space, some more
rcange." 1,e --oning Board thought that was the way to
t• au �� ti+e 277.' whic:: we were prepared to have, to go with the
LreaL� that pedestrian interflow. They accepted that 7-0.
Nov 10 1982
�& 110
Mr. Cardenas (CON'T): ....We were one and a half hours here discussing
every single argument, every single merit. Same thing with the Urban
Development Review Board. That was a unanimous provision. We have been
working over one year with City officials on this. All we have ever
received is a unanimous consent to this program. Obviously it has been
well thought out. Obviously we have been working with you for over one
year., In my opinion, this is not the project within which the City
should be taking a Custer's Last Stand insofar as the granting of these
things are concerned. It is a small size lot. It is odd shaped. It
is a perfect law school case relative to zoning law. It is a perfect
unnecessary hardship created by a literal interpretation of the ordinance.
That is what we have here. That is what everybody unanimously agreed with
us we had. That's what the Planning Department is challenging in its
appeal.
Mr. Dawkins: Mr. Cardenas, I constantly hear you refer to Custer's Last
Stand. But the way I hear you arguing, it is your last stand.
Mayor Ferre: That is because he is worried about the fight tomorrow. I
don't know if he is going to have a full house at the Prior/Arguello's
fight. Does anybody want to buy tickets right over here after this session?
Mr. Dawkins: With the City Commission's discount, which is zero.
Mr. Cardenas: Mayor, my concern is I do not want deprive the client cf a
full presentation. I personally did not feel one was necessary, but if
we want to get fully into the merits of this thing, I would be delighted
to do so. I just think we have rehashed this thing.
;savor Ferre: Thank you, Mr. Cardenas, for the offer. Now from the other
side.
Mr. Plummer: General Custer.
Mr. Whipple: General Custer, right.
Mayor Ferre: General Custer.
Mr. Whipple: Just three quick points and not to be repetitious, but
factually, to our knowledge all stairwells, all elevator shafts in the
garage level, or in the basement, or wherever they are are counted and
included in the floor area ratio. I verified this with our Building
Department after counsel brought it to the Zoning Board's attention at
the last meeting. So that statement that it is excluded in some buildings
and included in theirs is not a correct statement. Secondly, you are not
allowed to cover 30" of the lot with a 267 foot high building. If you
were to build a three or four story building, you could cover 30% of
the lot; 20;o is what is permitted or an adjusted lot coverage in this
case is 21.some;', not 30% as implied by counsel. Again, the Department
,;ust feels that we have worked this ordinance over many, many months.
'.:e believe it is sound, proper; provides a reasonable use of the property.
:t;err47 these variances should not be granted.
Cardeaas: Mayor, if I can....
w `favor Ferre: Yes, sir.
'".r. Cardenas: ':ere are five major items, which I did want you to consider.
une, the ordinance allows us to build on this particular site 165,000
,-are feet. We are building 103,000. It allows us 93,000-some square
feet of office space. We are building 85,000. We could have an F.A.R.
;`,eoiur ically of 5.76. we are requesting the agreement that we came
.i.ut with t't;e Zoning Board of 3.568. We will spend close to half a million
to create the facade that we were talking about to make this
re cn entity with a shield provision that was so much argued and talked
t:;.,t would provide the WOK' lot coverage.
:ill right.
r-tU1
NOV 10 1982
•
Mr. Cardenas: The urban plaza retail landscaping provisions of the
ordinance, we have all exceeded the minimum requirements provided for
by the ordinance. The realities of this case is that I think that we
have gone a long way to make this a pride of the City.
Mayor Ferre: Thank you.
Mr. Dawkins: Is that true, Mr. Whipple?
Mr. Whipple: Mr. Mayor, that is a problem. He is saying that he is
permitted to build 165,000 square feet. He is not. If he wants to
put in residential....
Mr. Dawkins: What is he permitted to build?
Mr. Whipple: ....if he wants to meet other applicable regulations, if he
qualifies for all the bonuses to allow him up to a 5.—some floor area ratio,
then he might be allowed. But he is standing here saying he is allowed to
do something which he is not, sir.
Mayor Ferre: Understood. That is the case.
Mr. Cardenas: The concept is, I am talking about mass. The concept is
your ordinance says that with the most we can have with a combined parking
structure and main structure is 50% of the lot coverage. We are coming
up with 49% total. The whole concept is a concept of the mass. What I
am trying to tell you is, of course, we are not taking advantage of some
of the provisions. But the concept is a building of that size could go
in this site and we are not talking mass, we are concentrating mainly in
this particular structure in how it fits within the variance.
e Mayor Ferre: Thank you. Questions frcm the Commission. If not, what is
the will of this Commission?
Mr. Dawkins: I move that it be denied. Isn't that what you recommended,
denial?
Mr. tipple: We want you to uphold the appeal and reverse the Board's
decision of approval.
Mayor Ferre: There is a motion....
Mr. Dawkins: So move.
Mayor Ferre: ....to uphold. Is there a second? Is there a second?
Is there a second? Hearing none, the motion dies for lack of a second.
Xr. Carollo: I make a motion that it be approved?
".syor Ferre: There is a motion that it be approved. Is there a second?
Mr. Perez: There is a motion that it be?
``syor erre: :,..proved.
":. Perez. approved.
Ferre: :he building be approved. In other words, to uphold the
Board's 1-0 'Dote.
Dawn:ins: ;!a['s what I :,,ado.
`:, . ,.:ar.:: . that is not. the one you made.
'Ferre has been a t:otion placed on the floor. Now is there
there a second'' Lastly, is there a second? For lack of
motions die.
"2 NOV 101982
0
40
Mr. Perez: I would like to move a motion, Mr. Mayor, to continue for the
next Commission Meeting. I think that it is a very complex affair. It
is very complicated. I think it would be better to have the opportunity....
Mayor Ferre: There is a motion to continue this for the next... Is there
a second?
Mr. Plummer: Second.
Mr. Cardenas: Mayor, if I may, I would be willing to enter into the
merits of the motion.
Mayor Ferre: No, sir. There is a motion that has already been made. I
need to see if there is a second. Is there a second?
Mr. Plummer: I seconded it.
Mr. Dawkins: Plummer seconded.
Mayor Ferre: It has been seconded. Now you can say something to the motion.
Mr. Cardenas: It was my understanding that if the motion to uphold the
appeal died, automatically the decision of the Zoning Board would stand.
Is that....?
Mayor Ferre: No, sir. There is a continuation. The law permits a
continuation for further information. All we are doing is not deciding
today, but continuing this hearing. We can legally do that. It does
not mean that it dies or it passes. It means that it is being continued.
That is the motion. Further discussion on the motion? Call the roll.
The following motion was introduced by Commissioner Perez, who moved
its adoption.
MOTION 82-1070
A MOTION CONTINUING CONSIDERATION OF AN APPEAL BY
THE PLANNING DEPARTMENT OF VARIANCE GRANTED BY
ZONING BOARD TO PERMIT CONSTRUCTION OF AN OFFICE
BUILDING AT 1198 SOUTH BAYSHORE DRIVE, TO THE NEXT
PLANNING AND ZONING MEETING.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mavor J.L. Plummer, Jr.
',L3vor Haurice Ferre
S . None.
E T: None.
�3 NOV 10 1982
>;
23. AMEND NASHER PLAZA DEVELOPMENT ORDER APPROVED BY RESOLUTION
1;0. 80-790 OCTOBER 30, 1980.
Mayor Ferre: We are now on item number 13, which is an amendment to the
Nasher Plaza Development Order approved by Resolution Number 80-790 on
October 30th. The Planning Department recommends approval. The Planning
Advisory Board recommended approval as amended 5-0. Is there an opponent
here?
Unidentified Speaker: There is a comment.
Mayor Ferre: O.K., well, staff wants to talk first.
Mr. Joe McManus: Mr. Mayor, Members of the Commission, Joe McManus,
Acting Director of the City of Miami Planning Department. The reason
this is before you is that the City's developemnt order for Nasher Plaza
was issued approximately two years ago and would be set to expire as of
October of 1982. We had a request from the developer to entertain the
request to extend his development order for an additional two years,
which the Planning Department and the Planning Advisory Board have agreed to.
However, it is the Planning Department's understanding that the purpose of
extending this development order by an additional two years is to allow
the developer to put forth a substantially new proposal, an entirely new
application for a development approval before this Commission. The purpose
for the extension then, is to allow the developer time to develop this
new proposal and bring it before the South Florida Regional Planning
_ Council and back to this Commission. Owing to the fact that this Commission
has approved amendments to the RCB district, which has allowed doubling
and tripling of the zoning envelope, this developer hopes to take advantage
of that enlarged zoning envelop in his new application. This proposed
ultimate development will generate more traffic than the project which he
is presently permitted to go forward with. Both the Public Works Department
and the Planning Department think that we should be allowed sufficient
review of the traffic impact of this new ultimate development and that
if the City grants an additional two years extension to the existing development
order that the developer should be precluded from proceeding with construction
until we have had a chance for a traffic review. I think that if you look
on the third or fourth page of your agenda sheet, you will see that what
we are currently studying is the extension of South Bayshore Drive
Northerly in the extension of South East 7th Street easterly across
rids project, we want the time to review the traffic impact of this
_ ..,rnjuct to see whether we want to pursue this particular traffic scheme
:.,rtner. That was the recommendation of the Planning Advisory Board.
Ferre: all right, sir. Any questions of the Planning Advisory
:Sear,:' All rih'it, counselor.
Xr. G;:orge Campbell: May I add something to Mr. McManus' comments?
'�';or Terre. `.'es, sir.
i `".r. Campbell,• cor the record, George Campbell representing the Department
f ublic Works. The Department of Public Works is in agreement with
F'laan_ng Department. I am reviewing the extension of Bayshore
Ir'_•Je northeri-✓ and South East 7th Street easterly, in order to provide
tr.s.iic connection there. We have approached the developer on
a
;5. '�c nave received, I think part of your package contains the
Usponse frcm their traffic engineers. However, we were not particularly
.:,-pp,; wit", the way they approached it in that they looked at a one-
s,,,stem around the building. That is continuing on South East 8th
`�. :t:cet, one way east bound and then one way north and west bound. We
_-ked tliem in a recent meeting if they had addressed maintaining a two
system on a portion of S.E. 8th Street east of Brickell Avenue and
a ti.0 way system through the requested extension of the streets.
�s Nov 10 1982
Mr. Campbell (CON'T): They had indicated they had not. We to date have
not received their reply on that. They were to go back and do it. We
did receive today a letter from the Mr. Charles Baldwin, Chief of the
Highway Division of the Dade County Public Works Department. This is
addressed to Mr. McManus. I would like to read it into the record, if
I may.
"Dear Mr. McManus,
This Department has examined the desirability of requiring
connection and improvement of the subject roadways. That being
Bayshore Drive and S. E. 7th Street connection. Based on our
review and examination of the limited information presented by
Barton-Aschman Associates, this Department strongly supports
the construction improvements requested for the subject location.
However, Barton-Aschman analyses address Bayshore Drive,
7th Street as a one way operation. Our review indicates that
significant improvements to intersections along Brickell Avenue
and local traffic circulation to the east of Brickell would
be achieved by this proposed connection operating as a two
way facility. We also believe that a two way facility greatly
enhances the access capabilities to and around the Nasher Plaza
Development area. I am prepared to discuss this issue further.
should you desire. We would respectfully request that if you
grant this extension of the development order that the examination
and possible implementation of a two way system around there
will be part of the package. Thank you."
Mr. Robert H. Traurig: Mr. Mayor, for the record I am Robert H. Traurig.
I am an attorney with offices at 1401 Brickell Avenue. I represent the
Nasher Company. I'm joined here today by Mr. Jerry Wentzel, who is
_
_
with Barton-Aschman Associates. They are doing the traffic work in
connection with this project. We support partially what Mr. McManus
is requesting. That is that there be an approval for the extension
_
of the development order for an additional two years; but with a delay
in the implementation until certain traffic studies can be conducted.
Initially Mr. McManus was proposing a six month delay. We can concur
with that. But what the Planning Advisory Board did was to say that if
we go to the South Florida Regional Planning Council with phase III
that there should be no implementation of the plan and no building
permits issued until such time as that review has been finalized.
Let me explain to you what our dilemma is. We are ready to build the
second building on Brickell Avenue, which is the building immediately
north of the existing Flagship Bank Building. The third phase that I
am talking about would be some substantial additional construction
that would come out of the garage on the east side and the towers on
the east side of the property.
What is being proposed by your staff is that there be two extensions
of existing roads. One is Bayshore Drive extended to the north across
Sth Street right through the middle of our property. The other is
S.E. 7th Street extended eastward from Brickell Avenue to the Bay right
through the middle of our property, which would actually destroy what
,..e consider to be the heart of our property and make it impossible to
develop this particular plan. We think that it is proper for the City
to conduct a very, very detailed study of all the of the traffic flow
at this major intersection on Brickell Avenue and 8th Street. And we
are cooperating fully, because Mr. Wentzel and David Plummer, who
�,t
represents Tishman, Spiral, and Equitable, the developers of the
property i:mediately to the south, the old Four Ambassadors block,
?'.
have met with Planning Department, the City of Miami Public Works
Department, Dade County Public Works, The State Department of Trans -
El.
:;ortation. we are submitting different support documents to justify
what we think should be the traffic to be permitted. That is: widening
r s,i
oI Brickell Avenue, widening of S.E. 8th Street, all at our expense,
are willing to pay the cost of those studies and the implementation
t'tau is necessary. We urge you to approve the extension with two
�`'
sIto rnatives. Either that we can't draw a building permit for six
�+
-ont::s or until application for development approval has been presented
:10ki, wniznever is sooner. That gives staff an additional six months
<:.
_:: which to complete the study of the traffic in this particular area.
r;5 U
NOV 10 1982
.r
r
Mr. Traurig (CON'T): To extend it beyond that I think is an unreasonable
extension, which would create a very great hardship to a developer who
wants to start the development of his project. We urge you to do that
because we think that it would be fair. If the City, and the County, and
the State think that it is imperative for the traffic to flow through the
middle of our property with dedicated road, chopping up our property the
way that Mr. McManus is proposing, we would accede to that. But that, of
course, would require that you condemn the property. We don't think that
condemnation ought to occur. We think that it has already been discussed
because when we originally got approval of phase II of the Nasher Project,
that was discussed upstairs of this building when Mr. Grassie was the
City Manager. The resolution was that the roads not be put through.
Mayor Ferre: I understand. Any questions from Members of the Commission?
All right, Janet.
Ms. Janet Cooper: Janet Cooper from 1901 Brickell Avenue. I'm pleased to
be able to stand here and remind you, Mr. Mayor, that on this project there
was originally proposed a zero set back from the waterfront.
Mayor Ferre: That is right.
Ms. Cooper: And it was not Dan Paul who caught it first, but Janet Cooper.
Mayor Ferre: I stand corrected. I want to again commend Janet Cooper for
her public interpretation and involvement in a positive way.
Ms. Cooper: Thank you.
Mr. Carollo: It's still no problem, Janet. It's the same thing.
Ms. Cooper: As a result of that activity Mr. Paul got involved and we were
able to achieve a 50 foot set back from the water and a view corridor.
I spoke to Mr. Paul today about it. He asked me to ask the Commission
to have a stipulation that is still intact and will be intact for ever more.
Mayor Ferre: All right, counselor, will you stipulate that is still part
and parcel of this.
Mr. Traurig: yes, it is not only stipulated to, but twice we have sent
copies of the easement that has been executed by the client to Mr. Paul's
office and I know it is there. He has the executed easement.
Mayor Ferre: Mr. McManus, I cannot help but agree with Mr. Traurig in
his representation. I think the six month delay is reasonalbe. Beyond
=_ that, I think you are going to have to have some money to take his
property.
Mr. M c.'anus: fir. Mayor, could I point to you the time schedule for the
developer to forward the application for development approval to South
Florida Regional Planning Council, which we are all aware of is entirely
within tae control of the developer. It is entirely possible and I am not
describing the particular motives here....
�!ayor Ferre : :,Iira t 41.3 your point?
Mr. McManus: it is entirely posible that the developer holds up the
-rocess, waits out the six months, six months and a day he proceeds to
co:istruction in the middle of these projected rights -of -way we are
talking .about.
r rre: _':11 right, what is the will of this Commission?
a:..lo. I move, Mr. Mayor.
". r r_rr0: It has been movea. Is there a second?
'i.. �r�... 1 second.
L
Nov 10 1982
1-1
•
s
M
Mayor Ferre: Further discussion? What is your question, Mr. McManus?
Mr. McManus: Is it being moved as presented?
Mr. Traurig: Did you move what I proposed?
Mr. Carollo: That is correct. Minus is whatever Dan Paul said.
Mayor Ferre: Is that clear now (what we are voting on)? Mr. Manager,
do you have any comments or do you want to say anything else into the
record? Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-1071
A RESOLUTION OF THE CITY OF MIAMI COMMISSION AMENDING
A DEVELOPMENT ORDER FOR THE NASHER PLAZA PROJECT
(RESOLUTION NO. 80-790DATED OCTOBER 30, 1980, ATTACHED
HERETO AND INCORPORATED HEREIN BY REFERENCE) PROVIDING
FOR A TIME EXTENSION FOR FOUR (4) YEARS OF THE RECORDED
DATE OF THIS DEVELOPMENT ORDER FOR SUBSTANTIAL DEVE-
LOPMENT, PROVIDED THAT THE DEVELOPER SHALL NOT COMMENCE
CONSTRUCTION UNDER THIS DEVELOPMENT ORDER DURING THE
TIME UNTIL A NEW APPLICATION FOR DEVELOPMENT APPROVAL
HAS BEEN REVIEWED BY THE CITY FOR WHAT IS KNOWN AS
PHASE III; FURTHER FINDING THAT THE FOLLOWING AMENDMENT
DOES NOT CONSTITUTE A SUBSTANTIAL DEVIATION FROM THE
TERMS OF SAID DEVELOPMENT ORDER; AND DIRECTING THE CITY
CLERK. TO SEND THIS RESOLUTION TO AFFECTED AGENCIES AND
THE DEVELOPER.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
' S: None.
ABSE;T: ;one.
'. :;D DG;: ;TOt.:. GU�'ER."'MENT CENTER DEVELOPMENT ORDER APPROVED
RESOLUT'10:; NO. 81-343, APRIL 23, 1981.
'�v r Terre: ire now on item number 14, amend the Downtown Government
r :)uvei, : ment ')rJer approved b:. Resolution 81-343. The Planning
recornmen: ,i approval. n.e Planning Advisory unanimously
r-com ended approval. Are there any opponents to this here? Does
`,ud•; �»i h to make a cc �nr:' into the record, quickly, Mr. McManus,
NOV 10 1982
0
Mr. McManus: Mr. Mayor, Members of the Commission, this is a non-
controversial item. We are changing some dates for review time to
bring them back to the same date in April of '83 for review of an
open plan and a traffic plan for Downtown Government Center and
requesting a market study.
:ayor Ferre: Thank you, sir. Is there a motion?
Mr. Carollo: Yes, there is a motion.
Mayor Ferre: It is moved by Commissioner Carollo. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Seconded by Commissioner Perez. Further discussion?
Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-1072
A RESOLUTION OF THE CITY OF MIAMI COMMISSION AMENDING
A DEVELOPMENT ORDER FOR THE DOWNTOWN GOVERNMENT CENTER
(RESOLUTION NO. 81-343, DATED APRIL 23, 1981, ATTACHED
HERETO AND INCORPORATED HEREIN BY REFERENCE) WHICH
AMENDMENTS REQUIRE SUBMITTAL OF A MARKET ANALYSIS WITH
THE FINAL PHASE APPLICATION FOR DEVELOPMENT APPROVAL;
EXTEND THE TIME OF COMPLETION OF CERTAIN TRAFFIC
11MPROVEMENTS TO APRIL 23, 1983; EXTEND SOUTH FLORIDA
REGIONAL PLANINING COUNCIL REVIEW TIME OF A TRAFFIC
STUDY TO 150 DAYS; FINDING THAT THE SAID AMENDMENTS
DO NOT CONSTITUTE A SUBSTANTIAL CHANGE FROM THE
TERMS OF SAID DEVELOPMENT ORDER; AND FURTHER
DIRECTING THE CITY CLERK TO SEND THE HEREIN
RESOLUTION TO AFFECTED AGENCIES AND TO METROPOLITAN
DADE COUNTY.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Co=issioner Demetrio Perez, Jr.
Co=issioner Miller J. Dawkins
Vice Mayor J.L. Plumper, Jr.
Mayor Maurice A. Ferre
NOES. None.
NOV 10 1982
r
C1
25. ACCEPT PLAT "LE JEUNE TOWN VILLAS SUB'.
Mayor Ferre: Item 15. Is there anybody here on this? Is there a motion?
Mr. Perez: Move.
Mayor Ferre: It has been recommended by the Plat and Street Committee
and the Zoning Board. Moved by Perez. Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Seconded by Carollo. Further discussion? Call the roll
on 15.
The following resolution was introduced by Commissioner Perez,
who moved its adoption:
RESOLUTION NO. 82-1073
A RESOLUTION ACCEPTING THE PLAT ENTITLED LEJEUNE TOWN
VILLAS SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI;
AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER A.N`D CITY
CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
DADE COUNTY.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Carollo, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ASSENT: None.
_ .i,_EP'. r;wyT "RI1.-D,Y SUB".
:.one u-) item lb.
..._ _ �.'- b': Carollo. Is there a second?
r;9
NOV 10 1982
0
4
Mayor Ferre: Seconded by Commissioner Perez. Further discussion? Call
the roll on lb.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-1074
A RESOLUTION ACCEPTING THE PLAT ENTITLED "RIC-DAY
SUBDIVISION", A SUBDIVISION IN THE CITY OF MIAMI;
AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT;
AND ACCEPTING THE COVENANT TO RUN WITH THE LAND
POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN
IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF
PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE
CITY MANAGER AND THE CITY CLERK TO EXECUTE THE
PLAT AND PROVIDING FOR THE RECORDATION OF SAID
PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
'.Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
27. AUTHORIZE CITY MANNAGER TO ENTER INTO CONTRACT WITH BELAFONTE-
TACOLCY CENTER, INC. FOR PANTRY PRIDE PROJECT.
Mr. Carollo: Move 23.
"avor Ferre: We are now on 23, which is authorizing the Manager to
enter into a contract with Belafonte-Tacolcy Center to carry out the
Pantry Pride Project. It has been amply described in the information
that you have before you.
'"r. Plummer: Second.
'!avor Ferre: _t has been seconded by the Vice Mayor. Is there further
c!scussion? I:- Mr. Otis Pitts here: Further discussion? This is
.:oirr: Pride is going to be Miami's pride. This is going to be a
utilization of S800,000 of Federal funds for a support....
, " r ."r' \Ia,.or
For t;:e record there is one minor change that is being made
a, rep ^e::t t at we handtt� out to vou. It is minor, but I think
i� r.ortant r vou to note that it deals with the section with
r,arn t :'scolc: disposing of the property. What it basically says....
ito
NOV 10 1982
z= r � v t•. � t �� .,
Ell
i
Mr. Gary (CON'T): ....excuse me, an agreement is that they plan to
sell the property. Right now it says that they cannot sell the
property for less than $400,000. We are making a change on that,
which says that the property cannot be sold for an amount less than...
but basically what we are saying here is it can be sold only for an
amount equal to or greater than the outstanding mortgages or liens
or the fair market value, whichever is higher. That is to insure that
we get the top price from it and that the City's investment is protected.
Mayor Ferre: All right, now that clarification has been made into the
record....
Mr. Gary: And I support it.
Mayor Ferre: ....are there any questions? Do you want to make the motion
again?
Mr. Carollo: So move.
Mayor Ferre: It has been moved by Carollo.
Mr. Plummer: Second.
"Savor Ferre: Second by Plummer. Is there further discussion on item 23?
Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-1075
_ A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
CITY MANAGER'S ACCEPTANCE OF AN $800,000.00 GRANT AWARD
FROM THE UNITED STATES DEPARTMENT OF COMMERCE: ECONOMIC
DEVELOPMENT ADMINISTRATION FOR THE REDEVELOPMENT AND
RENOVATION OF THE PANTRY PRIDE BUILDING AND PROPERTY
LOCATED AT NORTHWEST 62ND STREET AND 6TH AVENUE, IN
CONJUNCTION WITH THE BELAFONTE TACOLCY CENTER, INC.;
AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH BELAFONTE TACOLCY CENTER, INC., IN
SUBSTANTIALLY THE FOK%i ATTACHED HERETO.
(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:
."YES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Cor.=issioner Miller J. Dawkins
'.'ice Mayor J.L. Plummer, Jr.
^'3vor Maurice A. Ferre
NOV 10 1982
,�, ,:., - . � ,''�� { � �;�•.;;�ez�%gig _ —
0 6
28. AUTHORIZE CITY MAINAGER TO WAIVE RESTRICTIONS FOR SALE OF
ALCOHOLIC BEVERAGES NEW YEAR'S EVE IN CONtiECTION WITH "FIESTA
BY THE BAY".
Mayor Ferre: We do have the Little Havana Development Authority and the
Orange Bowl festivities. The Chair recognizes Mr. Willie Gort, who has
been patiently waiting all day on this issue.
Mr. Willie Gort: Thank you, Mr. Mayor, on behalf of the D.M.B.A. (Downtown
Miami Business Association) the Latin Orange Bowl Festival, I come in here.
You have the brochures that the Orange Bowl had printed for the 49th Annual
Orange Bowl Festival. One of the things that we have is on the 31st we
have "Fiesta by the Bay". One of the things that we would like on this
parade on the 31st is after 11:00 o'clock, 10:30, when the parade is over
people have to drive home. And many of the tourists who come here because
of the game are not able to enjoy themselves. One of the things that we want
to do is provide free entertainment in Bayfront Park so those people that
come to the games and go to the parade will be able to stay at Bayfront Park.
We will be presenting entertainment, free to the people there. We here
respectfully request for the waiver of the ... you all allow us to have
alcoholic beverages on the evening of the 31st at Bayfront Park. At the
same time we are respecfully requesting of the City $15,000 to help us
finance this project.
INAUDIBLE BACKGROUND COMMENTS NOT EP:TERED INTO THE PUBLIC RECORD.
`!r. Carollo: How much did you say?
Mr. Gort: $15,000. The total budget comes out to $126,000. $60,000 to
$ 0,000 is being provided by private enterprise.
Mr. Carollo: Sixty to seventy by private enterprise.
Xr. Gort: Yes, sir.
Mr. Carollo: and the rest of that portion, where is that coming from?
Mr. Gort: The rest is: $10,000 from T.C.D., from the Council of Arts
and Sciences in Dade County, the rest from D.M.B.A., it's the Latin
Orange Bowl Festival Council is putting $10,000 themselves too.
`•'r. Carollo: Do we have that money....
-T. L"ar":: That was one of the items that the City Commission took out
the �udgut process when the;: were being so concerned and conservative.
se funds do not exist in the budget in terms of festivals. I would
i1:,o line to co=ent to the fact that it appears that the City has taken
different posture in terms of supporting activities for downtown as
fates to _`estivais. It would appear to me that the Tourist Development
:',.�t1I1Cil, as well as the downtown business people, are going to have to
to absorb a greater cost, particularly in view of the Reagan cuts,
:Jr.,� we are.. ta- king about feeding the hungry and housing the poor.
r Fer__., uuw :ouch is the request for again?
:r. art: total .,udget...I don't have the figures with me ... the total
.�o:. ::.uc_`. '_ ti:e rey,est from the City.
c ::teen, one ..:r.
iw
Nov 10 1982
O •
Mr. Gort: Yes, sir, one five.
Mayor Ferre: How much is the County going to give you?
Mr. Gort: Ten thousand, the Council of Arts and Science.
Mayor Ferre: I see. Are you getting any other funds from any other public
body?
Mr. Gort: Not from the public bodies.
Mayor Ferre: I tell you, I think this is a very important event. I'm
all for it provided, however, that the County must match us dollar for
dollar. If they give ten, that is what you get from us. If they come
up to fifteen, then I go along with fifteen. But that is it.
Mr. Carollo: One way to do it is for them to give $7,500 and we match
that and you get your $15,000.
Mr. Gort: I'm sorry, I did not hear that.
Mr. Carollo: If they come up with $7,500, we will match that and you
get your $15,000 that you are looking for.
Mr. Gort: They already came up with $10,000.
Mr. Carollo: They came up with $10,000?
Mr. Gort: The County came up with $10,000, yes.
Mr. Dawkins: I have one question.
Mr. Gort: Yes, sir.
Mr. Dawkins: You say that you are going to provide whiskey, beer, and etc.
Mr. Gort: No, sir, my understanding is beer and wine only.
Mr. Dawkins: O.K., all right, I understand that you are going to sell
at the festival.
Mr. Gort: Yes.
Mr. Dawkins: The proceeds from the sale is what?
Mr. Gort: The proceeds from the sale go to the vendors, sir.
Mr. Dawkins: Go to what?
".r. Gort: Go to the vendors. Iw'hat we have is the...
..r. Dawkins: well, then the vendors will be allowed to set up free?
"ort: No, there will be a charge for the vendors of $150.
'Ir. Dawkins: 0.K., is that figured in your total budget that you....
^r. wort: :i11 that figure goes to the expenditure....
�:r. awi:i:is: No, no, no, is that figured in already?
rt, iCs, ir.
`:. D.iwkins: d'l 1 am saving is that in the event that there is a profit
want our share back.
Mayor Ferre: Yes, sir.
NOV 10 1982
Mr. Gary: I think it is also important to note, and with all due respect
to my friend, Willie Gort, is that this is not coming through our process.
This is coming directly to the City Commission.
Mavor Ferre: And it should go through the process. Why didn't you
go through the process?
Mr. Gort: Mr. Mayor, last year the Latin Orange Bowl Festival was trying
to do this and put it through. Unfortunately, last year it failed because
they did not have enough time for planning. This year the D.M.B.A. and
myself got involved with this about three weeks ago. We looked at it.
The Board of Directors of the D.M.B.A. approved it and they thought it was
a good project. Maybe that is one of the reasons I have to apologize
for being late, but I just got aboard here about three weeks ago.
Mayor Ferre: What is the will of the Commission on this?
Mr. Plummer: Mr. Mayor, I fought very hard for this last year. Unfortunately,
the thing could not be put together at the last minute. I do not know of
any other thing in which the people of this community have the opportunity
to participate in free of charge. Everything else that people want to go
to, whether it is a private party or something, they have to pay. They
want to go to the Orange Bowl Parade....
Mayor Ferre: You are talking about New Year's Eve?
Mr. Plummer: I am talking about New Year's Eve. That is what this is here.
I fought very hard. I felt very strongly about it last year. Mr. Mayor,
I feel just as strongly about it this year. I would approve the request
of the $15,000 and waiver which they requested. I so move.
Mayor Ferre: Is there a second?
Mr. Carollo: I second.
Mayor Ferre: Further discussion? Call the roll.
Mr. Plummer: Well, let me say for the record, because I am getting some
real bad looks over here on this side. Yes, they did not go through the
process. But they did go through it fully last year. We did grant them
money and allocated the money, but unfortunately they were not able to
go through with the event. So they have gone through the process.
Mayor Ferre: Dr. Theede.
Dr. '=heede: I very much approve of this. But I have one question that
1 think we should look at. Alcoholic beverages should not be served at
the time of the parade. We have too many very young people....
J'lu�er: It does not start, Doctor, until after 9:00 o'clock.
r. :•heude: Yes, but what control are you going to have to keep those
alcoholic beverages from being popped open at 6:30 and 7:00?
.I:r. Plummer: No further control than I take my little six pack igloo
iowTi there at o:00 o'clock.
:•fir. .c.eede: 1 have seen too much of that. That is why I am worried.
''.avor Ferre: Further discussion? Call the roll, please.
NOV 10 19eNn
04
f �..4 t •� '� i tSY ^1ta
,0 :0
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 82-1076
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
WAIVE RESTRICTIONS FOR THE SALE OF ALCOHOLIC BEVERAGES
AT BAYFRONT PARK AUDITORIUM ON NEW YEARS EVE; FARTHER
DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT OF NOT
TO EXCEED $15,000 AS A CASH GRANT IN CONNECTION WITH
"FIESTA BY THE BAY".
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
29. DISCUSSION AND CONTINUED FOR FURTHER STUDY PROPOSED SECOND
READING ORDINANCE PROHIBITING USE OF CABLE T.V. FOR DISTRIBUTION
OF OBSCENE OR INDECENT MATERIALS.
-
Mayor Ferre: Ladies and gentlemen, there are some of you here that are
here on the cable television obscene and indecent material defining
terms. I would like to make the following statement on the record,
Mr. "tanager, and Mr. City Attorney. I have read very carefully some
of the letters and some of the arguments made by the lawyers on this
very complicated issue. Mr. City Attorney, I would like, I would feel
much better about this if we had some additional time to do the proper,
total research. I know you have been very thorough on this and I well
understand it. But it seems to me we are treading on such important
constitutional grounds, that I would feel much better if we gave this
a little bit more time. If we study this as thoroughly as possible
to meke total assurancEthat as we move forward in this quest that we
not have to do like we did before thanks to the encouragement and leadership
_
Of Grace_Zockafellar and others, and George Knox, who really moved forward.
But we kept stumbling because we ended up being unconstitutional all the
time. Hopefully, this last time around on the question of the Pussycat
'theatre. Even though we lost to the lower court, we hope we win at the
upper court. I think we ought to take some additional time to make
'
absolutely certain that all the t s are crossed and the 1 s��are
dotted. Let me on the record say that this in no way means that I am
abandoning; this issue. All I would like is to have an additional 30
'G}
.lays for discussion. I would like for this to come up on the December
_
16th Commission Meeting, therefore, giving you some additional time to
w'
co the legal research that might be necessary on the constitutional issue.
`X.
Furthermore, Mr. City Attorney, if you feel in your wisdom that you might
:ieev some assistance from a constitution lawyer, that you may want to
on, I have absolutely no objections to your doing so. You would
bring that back to the Commission for further requests. Therefore,
what 1 would like to do, tell me what the legal procedure is. Item
27 is continued to December 16th.
65
NOV 10 1982
`40
Mr. Garcia -Pedrosa: Mr. Mayor, I think you need to pass the resolution,
which I will have passed out at this time.
Mayor Ferre: O.K.
Mr. Garcia -Pedrosa: This is the one rescinding the vote for the next
election on this issue.
Mayor Ferre: No, sir, that is item 28. I am now on item 27.
Mr. Plummer: Yes, this is it.
Mayor Ferre: No, sir, I am not talking about item 28. I am now talking
about 27. I am asking for your legal guidance on how to continue the
second reading until the December 16th meeting for the reasons outlined
to you, sir.
Mr. Garcia -Pedrosa: You do not need to do anything, Mr. Mayor, other than
have the City Clerk republish the notice for the second reading for the
December 16th meeting.
Mayor Ferre: I need to make sure that I have concurrence of the Commission
(the majority of the Commission). Is there any objection now to continue
the second reading of item 27 until the 16th of December and request that
the City Clerk further advertise that and give us sufficient time for
you to do whatever research is needed on a constitutional basis. Is
there any discussion of problem with that? If not, you are so instructed.
The City Clerk is so notified to readvertise. Yes, sir.
® Unidentified Speaker: I request to be recognized at this point. I would
like special dispensation. I have been here all day waiting to speak on
this issue. I do not know if I can attend another session. I am prepared
to speak at this time.
Mayor Ferre: Unfortunately, at this time we are not going to have a
public hearing. We are going to continue the public hearing portion
of it until we decide and the Law Department tells us that feel strongly
about proceeding on the constitutional grounds as outlined. I thank you
and I apologize for the inconvenience.
30. RESOLUTION RESCINDING IN ITS ENTIRETY RESOLUTION NO. 82-932,
WHICH HAD CALLED AND PROVIDED FOR A SPECIAL MUNICIPAL ELECTION
TO BE HELD DECL%BER 14, 1982 re PORNOGRAPHY ON CABLE T.V.
x'. M�vor Ferre: We are now on item number 28 which is a resolution rescinding
in its entirety Resolution Number 82-982, adopted October 28th, which calls
r` ±or special election on December 14th. Is there a motion?
M:. Carollo: So move.
Mayor Ferre: Moved by Carollo. Is there a second?
?Iu:-er: second.
` M-IN Ferre: Seconded by Plummer. Further discussion on item 28 as it
present before us? Call the roll.
66
', NOV 101982
A
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-1077
A RESOLUTION RESCINDING, IN ITS ENTIRETY, RESOLUTION
NO. 82-982, ADOPTED OCTOBER 28, 1982, WHICH HAD CALLED
AND PROVIDED FOR A SPECIAL MUNICIPAL ELECTION TO BE
HELD DECEMBER 14, 1982 IN CONNECTION WITH APPROVAL OF
AN ORDINANCE PROHIBITING THE USE OF CABLE TELEVISION
FOR DISTRIBUTION OF OBSCENE OR INDECENT MATERIAL.
(Here follows body of resolution, omitted here 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 Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
VHEREUPON, THE CITY COMMISSION WENT INTO
A BRIEF RECESS AT: 4:45 P.M., RECONVENING AT: 5:05 P.M.
WITH ALL MEMBERS OF THE CITY COMMISSION
FOUND TO BE PRESENT EXCEPT FOR:
Commissioner Miller J. Dawkins
AND PROCEEDED WITH THE PLANNING AND ZONING AGENDA.
31. FIRST READING ORD.: AMEND ORDINANCE 6871, ARTICLE XV, CENTRAL
CO!�LMERCIAL C-3 SEC. 2 TO ALLOW INTERIM PARKING LOT WITHIN
1500 FEET OF THIS DISTRICT.
Mayor Ferre: Let me ask as to whether item 17 is in any way controversial.
A]1 right, take up item 17. This allows interim parking lots within 1500
feet of the C-3 districts subject to development. The Planning Department
recommended approval. The Planning Advisory Board recommended approval
11nanimously.
`!r. Carollo: So move.
"rerre: re there any opponents to item
�!r. Carollo: So Wove.
Favor r,:rre : For tine record, *�Ir. Mc.'tanus, in two sentences describe
: um, bvr 1; .
"L. -u3 lllb `!r. `":ayor, *:embers of the Commission, this would allow
_:,Lt r�^ i 3rc:Irig facil=ties to be constructed within 1500 feet of the
d: ___,t until January 1, 1985.
r
G% NOV 1019$2
4
0
Mayor Ferre: Further discussion? 'coved by Commissioner Carollo.
Mr. Perez: Second.
Mayor Ferre: Seconded by Commissioner Perez. Read the ordinance, please.
This is item 17. Further discussion on this issue? Does anybody here
wish to speak on it? If not, call the roll.
Mr. Perez: Let me ask him, Mr. Mayor, could I ask the Planning Department
how many parking spaces will be created if we approve this amendment?
Mr. McManus: Well, for example, Commissioner, the Off -Street Parking
Department is currently constructing approximately a 600 space parking
— facility in the former F.E.C. property in Bicentennial Park. This is
the kind of parking facility this would allow.
Mr. Perez: The time period would be to January 1, 1985. We have to
take any Commission action after this time or we don't have to do
anything else?
Mr. McManus: Commissioner, the reason for doing that is in downtown we
are presently faced with a parking shortage which we think and hope is
going to be substantially alleviated with the opening of Metrorail and
the downtown people mover. That is why we are pegging this January 1, 1985.
Once that is in operation, we will have the opportunity of reviewing how
badly or how well our parking situation is. We may very well come back
to you with the request for a further extension depending on what is
happening downtown.
Mr. Plummer: My good friend Demetrio, this comes under the category that
says that there is nothing more permanent at City Hall than something
temporary.
`avor Ferre: Further discussion on the temporary? Call the roll on
item 17 on first reading.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY AMENDING ARTICLE XV, ENTITLED "CENTRAL
COMMERCIAL-C-3 DISTRICT," SECTION 2, ENTITLED "USE
REGULATIONS," SUBSECTION (6-13), TO PERMIT INTERIM
PARKING LOTS ON PROPERLY ZONED LOTS OR PARCELS OF
LAND ON A\'D WITHIN 1500 FEET OF THE C-3 DISTRICTS,
SUBJECT TO DEVELOPMENT STANDARDS, ANNUAL REVIEW
AND INSPECTION UNTIL JANUARY 1, 1985; BY REPEALING
ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN
CONFLICT AND CONTAINING A SEVERABILITY CLAUSE.
.,as introduced by Commissioner Carollo, and seconded by Commissioner
:`_.rez arid passed on its first reading by title by the following vote:
Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
.ice Mayor J.L. Plummer, Jr.
` avor Maurice A. Ferre
;one.
:)ner Miller J. Dawkins
Attorney read the ordinance into the public record and
codes were available to the members of the City Commission
68 NOV 10 1982
40
I
32. FIRST READING ORD.: AMEND ORDINANCE 9500 SCHEDULE OF DISTRICT
REGULATIONS FOR CBD-1, CENTRAL CO"L*iERCIAL PRINCIPAL USES TO
ALLOW INTERLA PARKING LOTS WITHIN 1500 FEET OF THIS DISTRICT.
Mayor Ferre: On 18, is there anybody here who is an opponent? Does
anybody wish to speak on item number 18? One sentence, Mr. McManus.
Mr. McManus: This is the companion item to 17 and amends the new
Zoning Ordinance No. 9500 that would allow iterim parking facilities
within 1500 of the C-3 district.
Mayor Ferre: Is there a motion?
Mr. Carollo: Move.
Mayor Ferre: Moved by Carollo. Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Seconded by Dawkins on item 18. Further discussion? Read
the ordinance on 18. Call the roll.
AN ORDINANCE ENTITLED -
A.\ ORDINANCE AMENDING ORDINANCE NO. 9500 (EFFECTIVE
APRIL 6, 1983) THE NEW ZONING ORDINANCE FOR THE CITY
OF MIAMI, FLORIDA, AS AMENDED, BY k4FNDING PARAGRAPH
FOUR (4) L'NDER THE "PRINCIPAL USES AND STRUCTURES"
COLL-iN, "CBD-1 CENTRAL BUSINESS DISTRICT: PE114ISSIBLE
ONLY BY SPECIAL PERMIT" SECTION (PERMITTING INTERIM
PARKING LOTS ON PROPERLY ZONED LOTS OR PARCELS OF
LAND ON AND WITHIN 1500 FEET OF THE CBD-1 DISTRICT,
SUBJECT TO DEVELOPMENT STANDARDS ON FILE AND ANNUAL
REVIEW AND INSPECTION UNTIL JANUARY 1, 1985) ON
SHEET FOUR (4) 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 Carollo, and seconded by Commissioner
Jawkins and passed on its first reading by title by the following vote:
%.7s: Co::imissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
!:o =issioner Miller J. Dawkins
.'ice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
ENT: `;one.
:"`:e City Attorney read the ordinance into the public record and
inn,u:c�1 t'r„�t copies were available to the members of the City Commission
U—M
NOV 10 1982
33. SECOND READING ORD.: MEND ORDINANCE 6671, ARTICLE IV, TRANSITI
USES, IN RESIDENTIAL DISTRICTS: RESTRICTING TPA14SITIOIIAL USE
APPLICATIONS FOR SITES NEWLY REPLATTED.
'layor Ferre: ... seconded by Demetrio Perez. Alright, are there any objectors
or anybody who wishes to speak on Item 19? Mr. Mc}Lanus?
M- . Plummer: This was Father Gibson's thing to stop the transition period
from... it's been happening in the past and the replatting process was
allowing somethings that we didn't like and this alleviates that problem.
Mayor Ferre: Any other statements you want to make Mr. McManus?
'Ir. Mc:lanus: No, sir.
Mayor Ferre: Alricht, read the ordinance.
AN OPDINANCE ENTITLED -
AN ORDINANCE A2-IENDING COMPREHENSIVE
ZCNING ORDINANCE 6871, AS A;•'[ENDED, THE
CC.".FF.EHE:ISIVE ZONING ORDINANCE FOR THE
CITY CF ]MIA`4I BY AMENDING ARTICLE IV
ENTIMED "GENERAL PRCVISIONS," MORE
PARTICULARLY BY ARENDING SECTION 26
ENTITLED "TRANSITIONAL USES I`I
DISTRICTS" RESTRICTING THE APPLICATION OF
TRisNSITICNAL USES IN RESIDENTIAL AREAS;
BY MAKING THE NECESSARY CHANGES IN THE
ZONING DISTRICT ;dAP MADE A PART OF SAID
CRDINANCE NO. 6871, BY REFERENCE AND
DESCRIPTION IN ARTICLE III, SECTION 2,
THEREOF, BY REPEALING ALL ORDINANCES,
CCDE SECTIONS, OR PARTS THEREOF IN CON-
FLICT AND CCNTAINING A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of October 26, 1982, was
up �or its second and final reading by title and adoption. On :notion of
.....issioner Carollo, seconded by Cerrsnissioner Perez, the Ordinance was
;:_:;cr. •;i : er; its scccnd and final reading by title and passed and adopted
t _r7Lnis_icner Miller J. Dawkins
Cc=_issioner Demetric Perez, Jr.
`or^missioner Joe Carollo
cr J. L. PlurrmZer, Jr.
:-or -4aurice A. Ferre
:. i.^.te the public record and announced
^I : Clty Ccmmission and t0 the
NOV 10 1982
's
,I
34. SECOND READING ORD.: AMEND ORDINANCE 6871, ARTICLE XIV-C-2
DISTRICT, ARTICLE XIV-1 C-2A DISTRICTS, AND ARTICLE XVI C-4
DISTRICTS TO PERMIT TWO RETORTS AS ACCESSORY USES TO MORTUARIES
AND FUNERAL HOMES.
Mr. Plummer: Show me abstaining on Item 20.
Mayor Ferre: Alright, take up Item 20.
Mr. Carollo: Move.
Mayor Ferre: Commissioner Carollo moves, Commissioner Dawkins seconds,
further discussion? Anybody here wishes to speak on this item? Alright,
sir, read the ordinance on Item 20, Mr. Percy.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
AS AMENDED, THE COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY OF MIAMI, BY
DELETING PARAGRAPH (a), SUB -SECTION (21),
SECTION 1, OF ARTICLE XIV ENTITLED "COM-
ML'NITY COMMERCIAL-C-2 DISTRICT," AND ADD-
ING A NEW PARAGRAPH (a); DELETING PARA-
GRAPH (f), SUB -SECTION (57), SECTION 2,
OF ARTICLE XIV-1 ENTITLED "SPECIAL COM-
MUNITY COM24ERCIAL-C-2A DISTRICT," AND
ADDING A NEW PARAGRAPH (f); AND DELETING
SUB -SECTION (19), SECTION 1, ARTICLE
XVI ENTITLED "GENERAL CCMMERCIAL-C-4
DISTRICT," AND ADDING A NEW SUB -SECTION
(19); PERMITTING TWO RETORTS AS AN ACCES-
SORY USE TO A MORTUARY OR FUNERAL HOME;
BY REPEALING ALL ORDINANCES, CODE SEC-
TI024S OR PARTS THEREOF IN CONFLICTS AND
CCNTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of October 28, 1982 was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Carollo, seconded by Commissioner Dawkins, the Ordinance was thereupon
given its second and final reading by title and passed and adopted by
the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
mayor va%irice A. Ferre.
i- None.
'. ice-Xayor J. L. Plummer, Jr.
F F'I':: None
lhTED cRDI:aANCE No. 9526.
The City Attorney read the ordinance into the public record and
,in%ounced t at copies were available to the members of the City Commission
tc t..e
71
NOV 10 1982
a
35. FIRST READING ORD : AMEND TFM CODE ADD A NEW SECTION 18-73
ENTITLED MrICRITY CONTRACTOR PROCUREMENT PROGRAM PROVIDE FOR 50%
SET ASIDE FOR MIZ40RITY CONTRACTORS.
Mayor Ferre: I think so that we can do this properly, there are three items
before us legally and I want you to follow me... and where is Mr. Braman?
I want Mr. Braman to listen to this. I want the loyal opposition to listen,
ok. Mr. Braman and ladies and gentlemen who are here as opponents of the
rebuilding of the orange Bowl and the proposed coliseum, we have legally
before us three items. The first item that comes before us is the creation
of a Miami Sports Authority. The second item that comes before us on this
is the appointment... is a resolution formalizing the expenditure of funds
so that George Kunde can up date his previous studv and -so that we can
properly inform the public. And the third item that comes before us today
which may or may not be related is the question of what is called the minority
participation and since Mr. Ron Frazier, who is here. Mr. Frazier, are you
here? Is Mr. Ron Frazier still here?
Mr. Plummer: Yes.
Mayor Ferre: Alright, he asked me to take that up first, because he has
to go to a 6 o'clock appointment and since this issue perhaps may or may not
be related in anyway to the sports issue, I think we will take that one up
first unless somebody has a disagreement on the Commission.
Mr. Carollo: what is he talking about now, Mr. Mayor?
Mayor Ferre: Talking about the participation of minorities in construction
where monies of the City of Miami are related.
Mr. Carollo: A1richt, bascially what we are going to be talking about now
is that instead of a twenty percent allotment it's going to be a twenty-five
percent.
Mayor Ferre: It's a lot more complicated than that.
Mx. Carollo: And it's going to be binding in all future jobs of this type,
correct?
Mayor Ferre: No, no, no.
Mx. Carollo: Ck, well, let's hear them.
Mayor Ferre: That's close, but not it. Now, Mr. City Attorney, I yesterday
asked you and I in discussing this with you and with your staff requested
that you draft proper lecislation to be introduced on first reading today
:s an ordinance and do you have that ready?
1,4
:ear
-isa: Yes, sir, I have placed it before the Commissioners at this...
Ferre: Alright, let me read the title of it and then I want to describe
.:t it is. ( THIS PCI`7T TFiE MAYOR READS I �^lO THE RECORD THE TITL:. OF
No, t!-ds isn't what I asked you to do. The one
:.,. a_s_ed you :or, is this the one that I asked you for yesterday, that
�• : ..eve ;ne at 11 o'clock this morning?
YeL:, si,that is the one. Yes, Si_.
r rv. 0111E 14A':0P CCNTINL'ES READING THE PROPOSED ORDINANCE) .
.s t says that if: ave... I'm awfully sorry Mr. City
crle ti:at I wanted has to io with the vote on December 14th
V}.at this is west -his is. Ycu are confusing apples and
rave prepared t:.__ fc_ somebody else.
:fir. Mayor, this is the... the one that has a section 2 on
makes it all contingen_ on the passage of the one cent
tax.
�~ NOV 10 19B'
Mayor Ferre: In other words, this is tied to the one cent sales tax?
Mr. Pedrosa: Yes, sir it is, specifically and contingent upon passage on it.
Mr. Dawkins: Mr. Mayor, may I make a statement?
Mayor Ferre: Alright, Mr. Dawkins.
Mr. Dawkins: I would like to make a statement. over the past few days a great
deal has been said about awarding contracts with Black and Hispanic firms doing
business with the City of Miami. I therefore, present the attached areas that
I request the Commission and the City Attorney to address in Ordinance forms.
These are areas long over due in the City of Miami. A recommendation was sent
to City staff as well as this Commission in early 1981 indicating the lack of
Black business participation in the particular in the economic arena of the
City of Miami as well as the greater Miami area. Staff nor the Commission took
adequate action at that time to make sure that minorities, both Black and
Hispanic shared in the economic growth of the Miami -Dade County community. A
great deal has been said about giving minorities a piece of the City's economic
action. My proposal shall generate employment, business profession and such.
I have here an ordinance which is prepared, I would like to present this to the
City Attorney and let him... I would like to pass it as a motion for first
reading and that these two Sections be added to this that was prepared by Mr.
Knox whom was at my... the meeting that I held with the City residents, he was
also at the meeting that the Mayor held which we could not hold together because
of the Sunshine Law and these are the areas that he saw fit to feel that they were
needed. Mr. Mayor, I would like to make a motion that this be placed in an
ordinance for first reading and that the areas that I have scratched be so
changed and that this be given to the Commission so they could study it and be
prepared to discuss or do what they want to do at the second reading.
Mayor Ferre: Alright, Mr. Dawkins, because of the importance of this I would
like to have the privilege of reading it into the record, ok. And would you all
follow it as I read it into the record, so we understand that we are talking
about the same thing. Ok. The memorandum from Commissioner Dawkins and the
important sections reads as follows; "Selection of architects and engineers
shall be based on the percentage awarded to Black and Hispanic firms as well
as the development of affirmative action plans with approval indicating the
participation of Blacks and Hispanics in the bidding firms work force. As well
as companies or firms that the bidding firm is using as it relates to goods and
services. The percentage of Black and Hispanic firms shall be no less than
twenty-five percent each. Construction. Capital and rehabilitative construction
is one of the most important areas to be taken into consideration in this ordinance.
I therefore request that the minority business ordinance be drafted to assure
that twenty-five percent of each construction project be awarded to Black and
Hispanic firms. Twenty-five each to set aside or goal oriented bid conditions.
I also request that affirmative action plans be required from each construction
contractor doing business for the City of Miami and shall require that his or
her work force be comprised of no less than twenty-five percent each of the
minorities aforementioned. Bond Counsel. The ordinance shall also require
ach :ice that is contracted with the City of Miami to provide bond counsel
r•:ices shall use subconsulting Black and Hispanic law firms who carry
-.,ona1 'license from the City of Miami. Selection of each of these firms
to<, into account the percentage of Black and Hispanic subcontracts with
-cup carry-_g ec:al percentages. Bond counsel firms seeking to do business
City of Miami shall also be required to submit affirmative action
i.r indicstir.q the hiring recruitment and partnership practices". Now, with
to the crdinance itself, it reads as follows. Whereas there may be a
-e:r,edy available--- do you each have copies of this so we can follow it
to cure the effects of unlawful prior discrimination by the City
agai-:st mincrity contractors and subcontractors which is hereby found
:.ave existed in the award of City construction projects and contracts and
:nay be a meaningful modification in the City procurement practices
_-.,,,tracts and whereas this ordinance shall not allow the
:�.c rr-�tT•,:at1�:: �_ ts:e ul-ec!ts of prior and unwarranted discrimination which is
or f:reclosed access by minority contractors and subcontractors
tr,_._ .nc c^pertun ities. Now, therefore, be it resolved by the
_; :•� �;- Mi'Mu . Section 1. The Code of the City of Miami, Florida
racdit_ori to the new Section 18-73, entitled "Minority
:ntractcr rccurer.:ent Program", to read as follows; Section 18-73, Minority
�cr.tr.3ctcr Prccurement Program, (1) A !Minority Contractor Procurement Program
is ereh: esrablished for the purpose of awarding to Dade County based Black
snc contractors--- I repeat, Dade County based Black and Hispanic
73 NOV 10 1982
0
r]
contractors--- no less than fifty percent of the total dollar volume of
contracts for the design, development construction managerient or operation
or any combination thereof, of unified development projects, public works or
public facilities of the City of Miami."
Mr. Pedrosa: No, there is a comma there Mr. Mayor.
Mayor Ferre: No, there is a period there, sir. And then we go to item 2,
everything else is struck.
Mr. Plummer: No, no, no, not on mine.
Mr. Dawkins: On mine it is, thank you. Mine it is.
Mr. Plummer: Mine is not.
Mayor Ferre: I realize that. He is striking it Plummer. In other words, let
the record reflect that starting with the word "A"... I'm sorry, I stand corrected.
After the City of Miami, with half of fifty percent be apportioned to Black
contractors and subcontractors and half to Hispanic contractors. (Paragraph).
Is that correct now?
Mr. Pedrosa: Yes, sir, that's right.
Mr. Plummer: He just told me he struck that out.
Mayor Ferre: He just struck out "a goal".
Mr. Pedrosa: No, no, the Maycr has read it right.
Mayor Ferre: (Z) Facility to which the ordinance pertains are all publicly
financed projects to the proportion at the extent that they are financed through
public monies. (Paragraph). (3) For purpose of the ordinance, a minority contractor
is defined as a corporation, partnership, individual, soul proprietor, joint
stock company, joint venture or any other properly qualified legal entity that
is established to provide services, supplies, furnishings, fixtures or equipment
that (A) Is owned or contrclled by one or more natural persons who are Black or
Hispanic Americans or (B) Has as one of it's principles a natural person who is
Black or Hispanic American. (Paragraph). (4) The City Manager shall have
responsibility for the implementation of the Minority Contractor Procurement
Program. For the purpose of assisting the City Manager in implementation of
said program a Minority Contractor Compliance Board is hereby established, consisting
-
of five members appointed by the City Commission. The members of said board shall
serve for a term of four vears. The Board shall establish written rules of
-
procedure which shall be subject to the approval of the City Commission. One
member of the Board shall be a City Commissioner who shall act as Chairperson.
-_
(Paragraph) (5) all requests for proposals, offers, bid specifications, contracts
and other such documents relating to the construction and operation of the
facilities described in Subsection 2, above shall contain the following; (A)
A specific reference to the applicability of the Minority Contractors Procurement
Program established by this ordinance. (B) A provision setting forth the right
of the City to terminate any contract or contractual arrangement entered into
ty the City on the basis of false or misleading information as to the status
of a contractor as a minority contractor. (C) A requirement that each successful
bider agreed to provide a sworn statement of a compliance with the provisions
of ti:is ordinance. (D) A statement of City policy regarding use of union -labor
in -�,e performance of City construction contracts. Since I see Mr. Walkington
cck�ng his ear let me repeat that Section "D". A statement of City policy
-,garding use of union labor in the performance of City construction contracts.
:) ii statement of the extent to which the City expects local cronically,
;.umnloved Blacks and Hispanics ---where is Mr. Cepio? I want you to listen to
'iS now. (E) A statement of the extent to which the City expects local, chronically
.:eTrloy�d -lacks and Hispanics to be used to fill unskilled labor positions
::.i thy: ext r.t to which potential contractors will be expected to establish
lacr training programs for said unskilled Black and Hispanic labors.
tr,cse uses in which it may be constitutionally and legally permitted
x ;.r-:!-rence may be given to otherwise qualify. (A) Dade County based joint
-artners, contractors, subcontractors and laborers who are Black or
(B) wade County based architects, engineers, landscape architects,
,ar.d =ureyors,attorne a, certified public accountants, financial advisors
-:7,` other :professional consultants who are Black or Hispanic or to which
;re=essional firms who have one or more Black or Hispanic partners or senior
F
.s-cciaticns wit:h more than five years of experience and where such partners
sre a: satiates •wt.e would work directly on the project contemplated. Cross
NOV 10 1982
0 e
Section 7. We are now in Section 2. That all laws or parts of laws in conflict
herewith are hereby repealed in so far as they are in conflict. (3) If any
section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional by any court or competent
jurisdiction such portion shall be deemed a separate, distinct and independent
provisions and except as otherwise expressly provided herein, such holding
shall not affect the validity of the remaining portions thereof." Now, ladies
and gentlemen, that is the full extent of this ordinance at first reading. We
will of course, at second reading as is the tradition of the City of Miami and
Metropolitan Dade County have a full fledged public hearing. I would not
deny anybody, however, the right to express an opinion on this at this time
asking you please that I would... and I will rule anybody out of order who
talks about anything other than, other than the ordinance that has been read.
Mr. Frazier, the Chair recognizes you first.
Mr. Ron Frazier: My name is Ran Frazier and I'm representing the Miami -Dade
Chamber of Commerce, 6255 Northwest 7th Avenue. The reason I'm here is to
speak in favor of this ordinance on the first go around. The Chamber has been
putting forth a great effort in terms of getting procurement with the City of
Miami. I followed as you read through this ordinance, I agree with all of the
sections. There is one thing that I would ask that on the second reading that
we begin to establish some type of legislative history which has shown that
existing in the past Blacks have not shared in an equal way in the projects
that have been given out by the City of Miami. I think that in order for this
community to really be triethnic and all of us to share in the wealth of what
happens in the City of Miami. I think the Black community in terms of it's
business persons, I mean total business persons should be able to share in the
total proceeds of all the contracts and all goods and all services that are
awarded by the City of Miami. This will enable us to begin to establish an
economic base in this City. We represent a substantial... at least a third of
the population in this City. If you will look at the unemployment situation
in Dade County and the City of Miami, we are suffering the worst in terms of
unemployment. You can look at the figures, adult males are in the neighborhood
of thirty percent, youth are running fifty percent. And I think that an ordinance
of this nature can help to began to equalize the situation here, and I would like
to also state that the safeguards this procurement board be left in, because
that's the only safeguards that we can have to make sure that we are in fact
represented here and can share in the economics. Thank you.
Mayor Ferre: Thank you, Mr. Frazier. Mr. Frazier? Mr. Manager, I think Mr.
Frazier's point is right on target and Mr. City Attorney, I think the whereas
clauses need to be expanded and Mr. City Manager, to that end I would like from
you by the time we go into second reading of this matter on December 9th, that
you give to this Commission a full report of the history that justifies this
matter so that it can be included as part of the record. And Mr. City Attorney,
I would ask for you to expand the legislative back... in other words, in the
preamble to the resolution... to the ordinance that you document by sufficient
and proper whereases the previous legislative history of why this ordinance
is necessary and that is to safeguard this for constitutional and legal reasons
if and when it becomes challenged in court. Thank you, Mr. Frazier. Does anybody
else wish to speak to this issue? Yes, sir. Mr. Fannotto, I recognize you
like I did xr. Frazier for the same amount of time, which is three minutes and
I ask you please to limit your comments to this issue only which is the only
inc we are voting on right now.
list minorities you mean'
r*�:;' :,r Ferre. Yes, Sir.
a
a pointing members to the authority and so forth?
we are not talking about any of that.
"f :•fir. _... .ctto: alright. Ernie Fannotto is my name and I'm President of the
cf Miami and Dade County. I think my record has been... our
4N Ei:.IZlt: :: ai ed tr elect the first Jewish Mayor, the first County Commissioner,
..rc to ..,ater al . We give nt~halie Range headlines straight across the
co .cn and on, and I am in sympathy with the Colored and the Cubans
ir share.
are yru gcing
'° _ii:e to nave
{
w
,fir
...uv art, Jl::cks now, Ernie.
Cr Blacks. Alricht, are you going to count that my time now or
to keep interfering like this, Mayor. If you don't mind I would
tine three minutes. I would like to see it done on a pro-rata
75
NOV 10 1982
L,
u
basis. what you are doing Mayor is illegal and discriminatory. You have a
perfect right to mention the Blacks and the Cubans, but you have also got
to say what are the other minorities going to get. You left them out. What
are they going to get nothing? Is it just a game for the Blacks?
Mayor Ferre: Fifty percent.
Mr. Fannotto: What?
Mayor Ferre: Fifty percent.
Mr. Fannotto: Well, you have to add the rest.
Mayor Ferre: Oh.
Mr. Fannotto: Well, you are not going to mention the other minorities? What
are they going to get nothing?
Mayor Ferre: They are in there, fifty percent.
Mr. Fannotto: It doesn't say fifty percent, you only said fifty percent for
Blacks and Cubans...
Mr. Dawkins: Well, fifty and fifty make a hundred.
Mr. Fannotto: ... and it should be added and another fifty percent for other
minorities.
Mr. Dawkins: It's there.
Mr. Carollo: Ernie, we are called Cubans, not colored.
Mr. Fannotto: Well, Cubans if you want to. But let me tell you Mayor, I think
that you are really going a little too far on some of these things and I think
you are going to create a lot of hard feeling. I think that.., and you went
on to contracts and you talked about contracts, you talked about contracts,
contracts should only be given out one way, on bids and the lowest bid is the one
that's beneficial to the taxpayers of this County and that's the bid counts.
As far as dividing it up, that is illegal and I want to say a little something
else before I hang up, you know, this is not a City law, this has to be applicable
to the State of Florida. They approves you the right to have a referendum and
you also have to go to them for jurisdiction some of the things you do. It isn't
just the City you know, or it isn't Dade County and I want you to know that there
that you have to abide by the law and let's be fair, but there is more than just
two Blacks and Cubans as you say, there is fifty percent other minorities.
So, I say let's be fair to all and let's act together.
Mx. Dawkins: Fannotto, let me say two things to you.
�'r. Fannotto: Yes, sir.
^awkins: Here is the same ordinance passed by Dade County and it's legal,
n xr•ber one. Plumber one. Number two, I want to ask you one question.
y Blacks has the organization to which you belong who puts out this whole
e::der sements, how many have they endorsed?
Alricht, we endorsed Barbara Carey, she didn't show up.
wkir,s: Well, her picture wasn't....
,r.no-to. :Yell, sire wouldn't pay her shares, she had a hundred...
%tr. . L wk .. so we ha•✓e to buy it. Oh, I see, alright. Ok, that's good.
-cu ._::'t _ ;, .•cu endorse, wonderful.
Dawkins, let me tell you something, she had a hundred
...:.c __.... ;c, no, now wait a minute, you made a statement, let me
fir. !:mow=:era: '7c, no, ;:cu have already answered me. We got to pay.
:Cr. arizcttc: Sh• ad a hundred thousand dollars, what did she do with it?
41:•: didn't snc- .ut nere share? Listen when the Miami Herald has ads in the
7s
NOV 10 1982
0
paper... wait a minute, do they get a free rig? Do they get a free ride?
Mr. Dawkins: You are right, you are right, thank you.
Mr. Fannotto: In other words,... well, wait a minute... no, no, I want these
people to know the truth.
Mr. Dawkins: How many Blacks are on the board who makes these decisions?
Mr. Fannotto: What's that?
Mr. Dawkins: Ok, I will stand up so you can hear me.
Mr. Fannotto: We had Reverend Wright. You remember Reverend Wright? He was
on there. He was on our board.
Mr. Dawkins: Yes, he died from an overdose. Yes, you all drove him to drinking
and using drugs.
Mr. Fannotto: And let me tell you about some of your Blacks... just a minute,
let me tell you about the Blacks. Alright, Blacks. We invited all the Blacks
to come to our meeting and only two of them come and one of them was endorsed.
Mr. Dawkins: How many Blacks are on your screening committee?
Mr. Fannotto: At this time we don't have any. Reverend Wright was the last
one that we had and we had three others. Let me tell you something, you know,
you can't do good. I did more for Blacks. Let me go over it.
Mr. Dawkins: Thank you, we appreciate it. And I'm treating you just like
you treated me, that's how good I am to you.
Mr. Fannotto: Now, wait a minute, let me finish.
Mr. Dawkins: You can't tell me nothina.
Mr. Fannotto: Let me finish. The first Planning Board Director in this City
was nominated by Ernie Fannotto.
Mr. Dawkins: And you are going to heaven for that ---tell me something else ---
when you die.
Mr. Fannotto: Earl Carole, the first County Commissioner, I wrote his material
up. Ask him whether it's true or not.
Mr. Dawkins: Then you will go to heaven twice.
Mr. Fannotto: Now, Athalie Range, we give her a headline across the page.
tier. Dawkins: God will bless you for that.
"�. Fannotto: Well, you didn't say that. I mean, let's... you say that...
'`.r. Dawkins: G,;d is going to bless you for that.
M-r. Fannottc: Well, I can go on and mention to you quite a few others too,
F _1t let me tell you something. Some of the Blacks think they can win without
Being partici^ating with the group. They can do it by themselves, and that's
they are tr ,ng to do. "
":wkins: Ck, let me tall, you... I told you last night, I will tell you
,icain, I lived fifty-seven years without being a City Commissioner. Now, if
*i:e fiord wills tat I'm no longer a City Commissioner I hope he let'- me live
aster sou and your organization do not endorse me. I have
i't _ �,e yc•u made a lot of statements and I'm just going to make
�tste�.crt. .cu knew Fat:.er Gibson, we endorsed him every time ran. I
nis�r_u1 f:«tv cement of the time. Wait now, I just want to finish
:Svor Ferre: alright, Ernie, we are drifting from the subject.
i�
NOV 10 1982
Mr. Fannotto: And let me tell you, you wouldn't be siting there if it
wasn't for Father Gibson.
Mayor Ferre: Alright, Ernie.
Mr. Fannotto: We endorsed you... just a minute, Dawkins. We endorsed you and
if we had endorsed your opponent--- you only won by a hundred votes--- you
wouldn't be sitting there. But that's appreciation you get.
Mayor Ferre: Alright, now, Ernie. Ladies and Gentlemen, I know that a lot
of this is fun and funny and all that, but I want to...
Mr. Fannotto: This isn't fun, this is true.
Mayor Ferre: Please, please, excuse me, excuse me. I want to tell you that
I don't want to make light or at least too much light of the situation. Ernie
Fannotto, happens to be in my opinion, one of the most dedicated and sincere
individuals.
r 0
4
Mayor Ferre: (can't) Now he and I disagree more than we agree. I want to
say that, but I know of no finer citizen who works harder on a more consistent
basis. He goes to all of the hearings, to all the meetings at the City, at
Metro. The next day after the elections he was at the elections board making
sure that the count was honest. He is a self-appointed, and I mean that in
a sense of praise, guardian of the well-being of this community and thank God
in this country we have people like Ernie Fanatto. Thank you, Ernie.
Mr. Fanatto: Thank you, but I do want to conclude. Just this one statement,
if you don't mind? We made Barbara Carey outstanding woman of Dade County,
didn't we? And when our organization gave Paula i'awkins, Senator
Paula Hawkins, I got in touch with the colored gentlemen who is president of
the Chamber of Commerce, or Black, and I asked him to present the flag. He
said he couldn't make it, but his assistant came up and they are Black. Now,
these are things that I did, but you know, sometimes they are not appreciated.
Mayor Ferre: But they are, Ernie. Thank you, sir. All right, anyone else?
Mr. Walkington, your name and address and who you represent.
Mr. Walt Walkington: Walt Walkington, president of the Building Trade. My
home address is 2248 N. W. 4th Terrace. I will only take a minute. I would
like these gentlemen to stand with me. They are on the same list to speak...
Brother Callado, Brother Sippeo. We will work it into the three minutes
that I am allotted. I am proud to be here today. It is America in action and
it really makes me feel good and I am proud of the Commissioners and the peo-
ple that are here. They are really working toward something for the benefit
of our community. I can say a lot of words for the gentlemen that stand be-
hind me. They are leaders in our community. They take responsibility unto
themselves. Many times it is adverse. But, they are willing to stand and
represent what they feel is right and I could go into many different facets
in backing up what I say, but I would rather let them speak for themselves.
Brother Callado, and then, Brother Sippeo.
Mr. Jose Callado: My name is Jose Callado, the business address is 2955 N. W.
lith Avenue and I am representing the Latin Labor Council. We are in favor of
this ordinance. We are talking about taxing the people living in the City of
Miami one penny for one year.
Mayor Ferre: No, no. We are not talking about that yet!
Mr. Callado: Okay, one thing that we have to point out to you people is that
the people that we represent is working people in the City of Miami. People
that have to go out every day and especially in these days, it is very hard to
find a job. It we get this ordinance passed here today, these people are going
to benefit with a job that will be created that will last for three, four or
five years. And we just want to point out that we are in support and it looks
like it is a very high price that we have got pay for a year, but you have to
take into consideration the amount of money and work that it is going to create
fnr the community of the City of Miami.
�1.a%r Ferre: All right, Mr. Callado and Mr. Walkington and Mr. Sippeo, we are
::ot dealing now with the one cent for one year for stadiums. We are only deal-
.itli the ordinance with the minority clause and I would appreciate for you
:,;�Cak later -,n. I will recognize you for the purposes that you just talked
_. All right, Xr. Sippeo.
C.,�Ie :an Sippeo: X-, name is Coleman Sippeo. I live at 10801 N. W. 22
urt. 1 represent the Labor District Council and I endorse the ordinance be-
:use I understand tl:e problems we have had with the contractors and getting
t::�.::;inorities jots and to me, that ordinance will help us to alleviate that.
hank :cu.
11 right, are there any other speakers
11 not, Commissioner Dawkins....
nd?
"r• Second it.
�9
NOV 10 1982
Mayor Ferre: It has been properly seconded. Further discussion? All right,
read the title of the ordinance.
A14 ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI,
FLORIDA, BY ADDING A NEW SECTION 18-73 ENTITLED
"MINORITY CONTRACTOR PROCUREMENT PROGRAM," PROVIDING
A 50% SET -ASIDE FOR MINORITY CONTRACTORS OF THE TOTAL
DOLLAR VOLUME OF CONTRACTS FOR THE CONSTRUCTION AND
OPERATION OF CERTAIN FACILITIES FINANCED BY PUBLIC
FUNDS; DEFINING MINORITY CONTRACTOR; ESTABLISHING A
MINORITY CONTRACTOR COMPLIANCE BOARD; REQUIRING CER-
_ TLIN CONTRACT PROVISIONS; REPEALING ALL ORDINANCES
IN CONFLICT AND PROVIDING FOR SEVERABILITY.
Was introduced by Commissioner Dawkins and seconded by Commissioner Carollo
and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the members of the public.
Mr. Dawkins: Mr. Mayor, may I sav something before we go on?
*savor Ferre: Yes, sir. Mr. Dawkins.
Mr. Dawkins: I put this on, I didn't know how it was going to come out, but
it was rumored that the procurement was being held in hostage for passage of
the one cent sales tax and the fact that it did pass let's us know that. This
does not change my position about the one cent sales tax, nor does it change
the Y�avor's position, but it puts to rest the rumor that the procurement was
being held for ransom for the passage of the one cent sales tax.
savor Ferre: Thank you, sir, for which I am grateful and I think that is an
important statement that all of jointly have made to this community. And I
am very proud of this Commission that we did it unanimously.
IC 1:i::��I::G: r ERSOvS FOR A�� AG,�I2'.ST THE PROPOSED 1C SALES
::D ELECT IC:. TO BE HELD DECE-MBER 14, 1982.
...ay(_r Ferro: All right, now I am going to let those of you that want to talk
aceut tine proposed staiiu:a%coliseum and the one cent for one year sales tax
::s,:t speak. I wculci like, first of all, for those that are for this pro -
you c:an vent your emotions and say okay. All of those
plt, ase rise - those of you that are here for the
t"P "r,nt , ,one gear s;aies tax. All right, now those of you
st.:rnd, .�,o we can get the show along. Opposed. All right,
All ri,,c -now, I would like to have hands of those who are for
• t:::; want to speak to raise their hand. (AT THIS
I:i_ c'c)L";;:; siAND S) I count eihht. You are for the tax? Okay,
;v+r Lind ,ive your names over here. Those of you that are opposed,
!: ,:r hard - that want to speak. Those that want to speak only. (AT
:'•-• F'(%''.COUNTS i1;-.NDS) Thirteen. You have already given your
j a= i-teen and nine. Mr. Braman, I will appoint you as chairman of
�' '0 Nov 10 1982
(INAUDIBLE BACKGROUND COnIMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: I thought you were! I thought you were going to announce your
office number here and have the people call you, call your office for those...
and we will be doing that. I guarantee you will ger as many phone calls as I got.
And I want you to know that ... well, from the City of Miami or from Broward
County?...because we got a lot of Broward County phone calls.
Mr. Plummer: Yes, but you are not going to play fair. You are going to have
them call at four in the morning.
Mayor Ferre: No, no. I don't play that game. All right, now look. I have
nine on one side and thirteen on the other. Let me ask, does anybody need
more than three minutes? All right, Bernie, how much time do you need?
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: All right, you are not going to get ten, you are going to get
five. How much do you need? You have got five. Walkington has got five.
I'll tell you what, because everybody wants five minutes. I will give each
side one hour. Now, does anybody object to that?
Mr. Plummer: Mr Mayor, I am not on either side. Right now I am still in
the middle, but you know...
Mayor Ferre: I forgot that we have got to be out of here by 7:00 o'clock.
Mr. Plummer: We have got to be out of here by 7:00 o'clock.
_ Mayor Ferre: All right, that means that each side has one-half hour. All
right, I am sorry, but that is the way it is going to be. So, right away,
let's start off, I will take one opponent, one proponent, and you will be
each limited to three minutes, okay? All right, Mr. Braman, do you want to
_ lead off? All right, we are going to get Mr. Braman as the first, and then
Les Brown.
Mr. Norman Braman: Mr. Mayor, distinguished Commissioners, one week ago, well
over 50% of the electorate of the Citv of Miami turned out to vote on the issue
of raising the sales tax by 20%. In unprecedented numbers, despite your
campaigning in favor of the sales tax, the people of the City of Miami voted
65% to 35% not to tax themselves to build a new recreational playpen and
other amenities that have no basic value for themselves, nor in the terms of
priorities. You have decided, Mr. Mayor, and Commissioners - and some Com-
missioners,that the people of Miami didn't know what they were talking about,
so why not come back, in an election December 14th when there will be 10%, 11%,
or 12`. voter turnout, instead of the over 50% voter turnout that voted last
Tuesday? So, what you are doing by bringing this up again on December 14th,
disenfranchising, the tens of thousands of voters who took the trouble to go
,c the polls last Tuesday and you are hoping due to the normal apathy that
c(_curs in special elections that a small minority will turn out to overcome
.,r,:; turn arcund what an overwhelming majority did last Tuesday. I say that
is wr,)ng. I say it is morally wrong and it is wrong to do that to the people
cf the City of Miami who have already expressed themselves and expressed them-
selves very, very strongly. So, we are back really, to the same type of
:,rt:tude that seems to be the just dessert for the people. The hell with the
-eoale! What da the people have to say? If they vote one way overwhelming
a.;ain, let's trick them and call a special election where only a small num-
ber will turn out. The issue of minority employment should be an issue just
on the basis of a 20% increase in the sales tax, If it is right morally to
e^.r,le,• Blacics,tc umploy Cubans, it should apply to everything and I am proud
,c sad;, Mawr 'Ferre, that our business interests do employ well over 100
ind well over 250 Cubans. We don't need laws to tell us what to do,
',:t 1 sav this to ycu to all deliberations pertaining to your just ordinance,
^: 1 thinN it is marvelous to protect the rights of the minorities. It
,in iust _)tnoly to a protect that the people are being asked to vote
is ..rb th. 1` it is good for the public project for the stadium, it
_s g :a for every oti:er public project and it should stand on its own two
feet, and I agree with Commissioner Dawkins. But, I say this, and I will sum
up very quickly because I know I am practically out of time. You are asking,
�1
NOV 10 1982
i
lb
the taxpayers to pay another $80,000 for a special election on issues that
they decided overwhelmingly last Tuesday. You are asking to set up a sports
authority headed by an individual who was just repudiated last week. Mayor
Ferre, you and Rick Horrow were telling us that only ten days ago that we
didn't build these facilities, they were going to be built in Orlando, they
were going to be built in Broward County, they were going to be built in ot-
her areas. Five counties voted overwhelming, two, to three to one to vote
"no",' and I ask you gentlemen today, reverse this. Stop spending the tax-
payers money and let the votes of the people stand, of last Tuesday.
Mayor Ferre: All right, thank you, sir. The next speaker will be Les Brown.
Mr. Les Brown: Mr. Mayor and members of the Commission, unlike the previous
speaker, I am a resident of the City of Miami at 1331 N. W. 70th Street. I
come to speak in behalf of the tax increase and talk about the benefits. There
are thousands of people in our community that are unemployed and need job
opportunities, that need to work. Understanding and knowing that funds
from this particular project, once raised, will be earmarked for apprentice-
ship and job training programs in the building, computer and electrical
industries that will increase neighborhood sports and recreational activities
for our youth. It will also create a development of a loan pool to finance
struggling Cuban and Black businesses. It will also provide assistance in
housing rehabilitation programs and assist in entrepreneur skill training for
Cuban and Black businesses and a guarantee of 25% of the action for Cuban and
Black businesses, for City project as well, in the future. And for these
tremendous benefits, what do we have to invest? We have to begin to look at
a family of four with a gross income of $8000 will only invest $21 a year, or
6 cents a day. A family that makes a gross income of $15,000 would only invest
$36 a year, or 10 cents a day. A family of four with an income of $25,000
or more would invest $53 a year,or 15 cents a day. I venture to submit and
to say to Mr. Braman, that we too would like to have opportunities to have
jobs and to be able to afford cadillacs, and I encourage others who are in-
terested in having means to provide a new form of transportation for them-
selves to call 576-5977 and say, "Listen, Mr. Braman, I want to drive a
Cadillac too, but I can't if I don't have a job!". Thank you very much.
Mayor Ferre: Grace Rockafellar, you have got three minutes.
Ms. Grace Rockafellar: Mr. Mayor and members of the Commission, for the re-
cord my name is Grace Rockafellar. I live at 814 N. E. 71st Street. I am
president of the N. E. Miami Improvement Association and N. E. Taxpayer's
Association and a director of the Miami Civic League, Incorporated. The
Miami Civic League, Incorporated is composed of civic associations all over
the City of Miami - Shenandoah, Little Havana, the Black community, Coconut
Grove and the entire Northeast. We have had numerous meetings, our last one
Monday night when the League unanimously voted to oppose this sales tax. We
feel that we have voted on it. A week ago we voted overwhelmingly opposed to
this. ::cw, 1 think you should know why we are opposed to this, as well as
,,ist stating we are opposed to it. We are opposed to it for many reasons.
..::;;t _ c:u are doing - we had the five cent sales tax. That did not produce
it. was supposed to do. it was supposed to take care of the crime situ -
hire :::ore police, and lower the property taxes. The property taxes
reduced. Ours went up. Everybody's went up. Nor did we hire more
Whit you did is charge us more on our garbage for the police of-
rtwhich was put on the ballot as a straw vote. You were going to do it
pecpi, voted against the $30 tax, but they got it anyway unbe-
.i: to em. 'pow, wuat this is a lack of, the people are losing confi-
iu their C:t:: government. This Citv government is losing credibility
»�, you are building dok�town, you are building Brickell
:cu are 'eir,g known as a Mayor and a Commission for downtown and
eruu. ^e neighborhoods are going down, down, down. All we get is
doesn't :hini: is good enough for downtown is put into our neigh-
r:,r t;,ia;.s t'..,:t .:cu reject here are put into our neighborhoods and
is what we get from our City government and the
_ :j'.,cut t:`.is and they are angry that you are spending this much
on something that we overwhelming rejected. If it had
C::u:i see you taring this up and I disagree with the pre-
`..,:t V0ted against it waiting, to vote for it in the City of
;:asscd in the County, ti.en it would have been shared by
Wad:, it is just going to be more taxes on the back of the
ors, ar.d "1 C�rollo put it right when he said, "You hit them here, you
S 2
NOV 101982
hit them there, and now you hit them in the gar a,r;c can." Now you are hitting
us with another 207% increase in our spending. The gentlemen before me said it
only cost so much. That is if you only buy toilet paper, soap, shaving cream,
and that kind of stuff that is not subject to the tax. It is going to cost
much more than that. It is falling on the people that least can afford it,
and they can't afford it and we would like to see this Commission reverse it-
self and remove this thing from the ballot instead of spending all of our tax
dollars. If this was a tax that was going to help the community, if th-'s
is going to help Liberty City, Northeast, Little Havana or any of these areas,
we would be out here supporting it. Then we would think the citizens are get-
ting something for their money, but this is not the case and we certainly hope
that this Commission has the ... can look around ... You are all going to be run-
ning for election some day. Look around and see how many people you are hurt-
ing by this tax and you are going to send the business out of town. They
only have to go beyond the City limits to buy cars, buy wash machines, buy
furniture, to buy clothes, to buy everything except the little things that
the gentlemen said that only cost $23 or $40.
Mayor Ferre: Thank you, Ms. Rockafellar. Mr. George Knox.
Mr. George Knox: Mr. Mayor and members of the City Commission. At the thres-
hold I believe that I would be derelict if I failed to publicly commend the
City Commission, the City Manager and the City Attorney and his staff for
formulating on reasonably short notice the single most important policy
statement regarding Affirmative Action that has been adopted in this com-
munity or in the South since the adoption of the Civil Service rules and
regulations by this Commission in 1975 and it is in that connection that I
rise to speak on behalf of the imposition of a one cent, one time, one year
sales tax on certain purchases within the City of Miami. As I understand your
deliberations, you are considering whether or not to simply place this matter
on the ballot for ultimate determination by the voting public within the City
of Miami. I would, therefore, take issue with those who call these.delibera-
tions the imposition of a so-called "Ferre" tax. I would take issue with
those who suggest that the City Commission is "ramming another tax down the
throats of members of the voting public", because based upon my knowledge
and understanding, the City Commission is deliberating nothing more than the
implementation of a policy which was decided by the State Legislature to pro-
vide a local option in the municipality in the event that the measure fails
within County. I would suggest, contrary to a previous speaker, that the facts
will show that the development of sports and recreational facilities on a major
scale do, indeed, create an economy. By the proposed location of the sports
arena, I think that the market forces will dictate that jobs will be provided,
and facilities will be provided in, around and for the benefit of the residents
of those persons who are in the area where the facilities are being contem-
plated. I would like to also suggest to my brethren and sisters who are Black
that this is a ver•: serious matter that has some serious consequences for
those persons who expect to make major purchases within the next year, and I
would strongly suggest to my unemployed and under -employed brethern and sisters
3 that if you do contemplate the purchase of a Rolls-Ttoyce or Cadillac within a
vu,3r, t!�t :ou o give this matter serious consideration and vote your con -
The thrust of my support has to do with the fact that there will be
:or participation by minorities in the development as has been
b: c.hL Cit; Co:^.^i=_Sion on this date. And I would strongly sug-
_ t t While ::: :::.;: be appropriate and appreciated that certain members
t! cci^lcuait: c.^ntribute to the rehabilitation efforts in Liberty City and
places, we ure that those same persons distribute their resources by
Y60 ?0 lobs to Black sales managers so that these people can main -
in their pride snd dibnity and have disposable income. I would close by
:.:in again t:at this City Co::r::ission vote to place the matter on the ballot
t!:at the peddle of the City of Miami can exercise their franchise and
_rc,se their .i,cices with regards to the tax. Thank you.
_ :cu. Dr. Alonzo.
`!a.. cr and Cc--nissioners, I am Dr. Leonel Alonzo, president
and Property Owners of Little Havana. We
:r°;.: ta>: increase. ^e saw that the message of the people of
-n and clear. The position of the voters of the City
cne cent tax increase was concrete and definite. The
tee'S vcice was a strenz no. This new election, in our opinion, is ab-
�i." , ne<ative and dangerous. It is absurd, because only a week ago it was
"_ted down by t't:e citizens of this Countv.It is negative because it means an
:,tra e�:pense f �cG,OOC to put this to an election again which is unnecessary
,3 NOV 10 1982
'A A
1 a
for our City in times of economic trouble. It is dangerous because if it is
implemented, it will seriously affect our businesses and our entire community.
This one cent tax increase only in the City of Miami is extremely risky for
the Black and the Latin communities because we are the poorest. The strength of Lit-
tle Havana has been based on the success of the small merchants. The average
business in our area is fighting for survival. How can our people afford
another tax? Our community fears that the people will not buy within the City
limits. Our sales will drop. Shopper will save - they will buy outside the
City of Miami in places that are close to us - Coral Gables, Hialeah, or even
Kendall or Homestead. If our fears become reality, it will result in many
merchants being forced out of business. Do we need to take this risk when
the County says "no" to this tax increase? Why should the City of Miami alone
gamble with this dangerous position at a time of economic instability in the
country. although this plan may be good and would nave us have sports,
the price you have to pay is too great in our already weak economy. For this
reason, we cannot support this election. To much is at risk. This is a lux-
ury that we cannot and will not afford. The City hopes to collect $60,000,000,
but we will be lucky if $30,000,000 is collected, but even this amount is not
enough. An additional $60,000,000 will be needed to complete the project.
Mayor Ferre: or. Alonso.
Dr. Alonso: One minute more, thank you. The plan will not be feasible due to
lack of funds. The equal participation, 25% Latin - 25% Blacks and even
Anglos will not be possible since the City of Miami does not have enough
prime manpower to complete this project. Are we going to hire any proven
residents of Miami,or is Miami going to carry alone the burden, but will not
receive the benefits? We know that the end results will be too dangerous for
our community. Not only the merchants of Little Havana will be affected, but
also the businessman, businessperson of the Omni and the Black community. So,
why should we take this risk when we neither the means nor the desire. The
Association of Merchants and Property Owners of Little Havana united with all
Miamians have voted it down and we will vote "no".
Mayor Ferre: Thank you. Don Luis Sabines.
Mr. Don Luis Sabines: (CO=,,T IN SP.ZISH)
Mayor Ferre: I will translate for Mr. Sabines. Mr. Sabines is the president
of the Latin Chamber of Commerce.
OV 101982
1
.uis Sabines: C0101ENTS IN SPANISH.
Ferre (TRANSLATING FOR MR. SABINES): Mr. Sabines is here on his
inal condition because Board of Directors of the Chamber of Commerce
it yet, in official session, taken the position on this item. So
here speaking for Luis Sabines.
;abines: COMMENTS IN SPANISH.
Ferre (TRANSLATING FOR MR. SABINES): He sincerely disagrees that
Ls to be in disagreement with many of his friends.
.uis Sabines: COMMENTS IN SPANISH.
- Ferre (TRANSLATING FOR MR. SABINES): He is sorry that he has to
;zee with his friends about about the one cent. If it weren't for
we would not be where we are today in the City of Miami.
;abines: C0MMENTS IN SPANISH.
- Ferre (TRANSLATING FOR MR. SABINES): If that Mr. Robbie who is
)caner of the Dolphins is opposed, what can we do? How long is Mr.
Le going to be the boss around here.
>abines: CONSENTS IN SPANISH.
- Ferre (TRANSLATING FOR MR. SABINES): Even though we all like the
sins. That has nothing to do with it.
iabines: CO,',21ENTS IN SPANISH.
r Ferre (TRANSLATING FOR MR. SABINES): That is why I personally
am in favor for the one cent/one year sales tax.
All right, fir. Reinaldo Cruz, President of the Interamerican Chamber
of Commerce.
Mr. Reinaldo Cruz: I explain to the Mayor and the Commission maybe better
in Spanish. You translate for me, please.
Mayor Ferre: `:r. Reinaldo Cruz is the President of the Interamerican
Chamber of Commerce.
Mr. Cruz: CO?2AENTS IN SPANISH.
Mayor Ferre (TRANSLATING FOR ?SR. CRUZ): I have to defend all of the
merchants and business establishments in their entirety in this community.
`:r. Cruz: CO�MENTS Iti SPANISH.
"a;or erre (TRA!;SL-%TI%G FOR YR. CRUZ): But I must also look at the
wellfare at this time of the total community as it regards to the
:,:neiits that is what is being proposed now.
Cruz. CO"`"E::T5 IN SPA!%'ISH.
`lavor Ferre%'I'i SLATItiG FOR `iR. CRUZ): Jobs are very important at this
time. We are talking about helping 25% of the Black Community, 25%
in the Latin Com.:.ur.ity. But I want to make assurances that what we are
doing to benefit is the local community, not people from outside this
rutIN SPA:ISH.
... 1 ;r rem: T:L-" SL,TI:yG FOR `SR. CRUZ) : I am sure that the majority
ti.r 7us t-ssmen and business owners, and the Board of Directors
�u: C:hac_ar c,i Commerce...
Xr. Cruz: CO`!',?ZNTS IN SP:1:vISH.
S5 NOV 101982
Mayor Ferre (TRANSLATING FOR MR. CRCZ): ....would be in favor of the
one cent for one year because it will improve the community and give
jobs and we will be able to enjoy a sports facility in the future. I
will do everything within my power so that this will be possible.
Dr. Miriam Alonso, Associate Neighbors and Property Owners of
Shenandoah and Roads.
Dr. Miriam Alonso: I represents the Association of Neighbors and Property
Owners from Shenandoah and Roads area. We oppose the tax increase. I
would like people here to listen very carefully. Much has been said about
the opportunities of the jobs that are going to come in our community. We,
in our area, we question that very strongly. We feel... and I wish all the
City Commission will pay close attention to what I want to say because it
is the feeling of our community. We don't represent merchants. We represent
people who live in the area. People who see the unemployment in our City.
We would like to see very much 255e of the Latins, 25% of the Blacks having
lots of jobs. But we have to be very aware that we live in very hard
times. That we live in times of high unemployment. We have to be concerned,
not because of the one cent. I'm not talking here about Cadillacs. I don't
drive one. Many people in this City Hall I know do drive Cadillacs. I
don't plan to buy one this year, nor next year. So I am not concerned
about that and many of the people that live in the community are not
thinking of buying a Cadillac, so it has nothing to do with that. It has
to do with the worries that we have. We think that the money that the
City is going to collect is not going to be enough to carry what is
planned. You are talking about collecting $60,000,000 if we are lucky.
If we collect that we still have to raise $60,000,000 more. Where are
we going to get that? Will we burden more people with more taxes? I
think it is time to say enough! I think that you have to listen to the
necessities of this country. Perhaps at another time we will be able to
go into these and have a wonderful Orange Bowl and have sports which we
Cubans enjoy tremendously, but I think it is not the right time. Besides,
last week we made a decision and we voted no. It is like an attack to
our intelligence to tell us how to vote. We already did and we said no.
That included the citizens of Miami.. So please, I ask this Commission
to listen to the people. It is not the right time. So please listen to the
constituents that put you in the job you are today. Thank you very much.
Mayor Ferre: Dr. Alberto Cardenas.
Dr. Alberto Cardenas: Thank you, Mayor, Members of the Commission, I
can't think of a more difficult time in which to bring up the issue
of increasing taxes, regardless of the source, than the times that we
are living in today. The unemployment is running rampant, especially
in our Black Co=unit•:. The community is feeling the strains of the
recession. Yet we are speaking of a sales tax increase. So when globally
we set this picture to light, it is obvious to me that we have a very
serious matter in our hands. we should think about it carefully before
w� eo ahead. There are two main issues that I think we have to consider.
.rst issue is that we had a vote last week on this particular issue.
-)ttS it warrant to be voted upon again? The second issue is how do we
a'.:Iout that vote? The third issue, is it fair to bring about a
breae: down of jobs amongst minorities. I would like to address
Qh of tht-.se verb carefully.
';umber one, in considering whether or not there are enough issues
stake to warrant a new election. I have looked at it carefully. I
:nK yes. ;h:: de 1 think so? For one, the voters of the City of Miami
,:articular, wi.en faced with this issue last week never were faced
_th the opportunit:, to consider their own destiny. Number two, they
_.i nut have an asurance that all of these facilities would be built
tt:e_r city; that this would not be a City project. The source
would not be within the discretion of the
*- ,. issue at hand is a totally new issue. Both as to
�uur )i : unc::, and two as to the site locations and the particular
I:... _..... in , i,-5c_ iption of the projects at hand. So whether you are
j e j:rti:ul:3r vote in question or whether you are against it, I
7 :.ji::l: Inc; that the issues at hard are new. The issues at hand are
rc:t:.rt.ndum for the citizens to speak their will on a matter
NOV 10 1982
Dr. Cardenas (CON'T): ....of this importance is worth a heck of a lot
more than what is being asked to be put forth for this particular
referendum. The issue number two, is the issue whether we should be
for this particular tax and remaining sources of funding at a time
that is so difficult to our citizens. I do not consider if we had
other alternatives that this would be an appropriate time. I can't
think of a worse time within the last ten years within which to
impose on the residents of the City of Miami a one cent tax increase.
But looking on the other side of the fence, what are the alternatives
if we don't impose this upon ourselves. I think we are missing perhaps
the only opportunity which we will have to invest in the future of
Miami in the area of major sports and events in a manner which will make
our City a true great cosmopolitan area. This has nothing to do with
sports owners getting rich. It has to do with the flavor of the com-
munity. It has to do with the progressiveness of the community. It
has to do with all the fringe benefits that count for the community.
I think it is necessary. But I think it is necessary if we have one
caveat. That caveat is that the tax payers of the City be assured that
in all future dealings that the City has with these sports owners
that they be surcharge taxes impossed so that they citizens get back
from these owners monies that they have given to the sports facilities
in order for these sports facilities to become a reality.
I think we ought to put our money up front. But I think we ought
to get our money back. I think that we ought to demand of our City
Officials to do so. The third item....
Mayor Ferre: Can we make that retroactive?
Dr. Cardenas: The third and final item is how does a republican who
has constantly been against imposing upon private secto, a nandatory
quotas for employment, be for mandatory quotas for employment? The
reason for it is very simple. I think folks whether they are right or
wrong have a right to do with their own business what they want to. But
I think we in the City of Miami are the stockholders of this City. You
are our Board of Directors. I think we have the right to set whatever
employment policy we want to set. I think that the ones you have laid
out are fair and I'm fully for them. Thank you very much.
Mayor Ferre: Next speaker is Seth Sklary.
Mr. Seth Sklary: My name is Seth Sklary, 321 N.E. 31st Street, Miami.
I am co-chairman of "affect" against Ferre'x futile extra costly tax.
We feel our organization which was recently formed...feels that this
one cent sales tax is a repetition of the vote that was held last week.
ks a result we have a number of groups that have joined with us to oppose
this tax. In addition we also oppose the proposed $50,000 expenditure
for the informational packets which we will be getting in the mail, which
we get in the mail before every election which has the City's point of
view. It is supposed to be nonpartisan or it is supposed to be informational
.only, but it is always kind of slanted one way or the other. If we are
;Ding to have this kind of informational packet, I suggest that we have
Mtn sides represented, that the proponents and the opponents be given
?4ual space in it and let's discuss the issues. Thank you.
'".a":or Ferre: The next speaker is Walt Walkington.
:r.. Walt alkington: Walt Walkington, 2248 N.W. 4th Terrace. Mayor, I
::ant to speak on behalf of what we have seen in the last three to four
.ears in the growth of our City. To keep pace with what has been set
ut is the Cit_� itself. We set a pace for the rest of the County and the
c.uti F'_.�riva area. We have leadership here that sometimes I think has
t�, the adversity that reflects back instead of forward. Leadership
r.;uFht something to us. An opportunity to show us in the City
have what it takes to go ahead. I speak for a portion
io not speak for all the people. I speak for them that
r- *,crward that have a future here at a penny on a dollar.
T'7t� five cents goes everywhere else, but that
erne; will ie spent here on this community for the benefit of the
S1
NOV 10 1982
R
r II
Mr. Walkington (CON'T): people here in this community. I am my brother's
keeper. I have a job. I am elected to it by these people that have faith
in me. These people, some of them are unemploved. I think it is a due
responsibility of people that are concerned about their fellow men that
we take something upons ourselves and work for it. A penny is not 20%
when you look at it in the sense that it is being used. A penny is a penny.
It is not that much of an item. Whether you have a Cadillac or a Pinto.
It is a thing that we are working for the benefit of our community, not
today, not tomorrow; but we look forward for the years ahead. This penny
is by the year. There will come times again that things will come up of
this nature that will be beneficial to us in the future of our City. I
thank the Commission that sits there before us today that gives us another
opportunity to come back and bring this before the people and for the City
of Miami. We are seeing it grow leaps and bounds. Of course, I would like
to see a lot more of these buildings go up that come before the Commission
and sometimes there is a little reprisal, reprosal, or whatever you want
to call it; but I see the growth of this City at hand. 1 see it is in
our hands today. Three years ago there was a lot of opposition to the
growth that came to us. It is here. It is growing. Let's grow with it.
Let's control it. Let's express ourselves. Let's not hold back the
progress of our City of Miami. Thank you.
Mayor Ferre: Wellington Rolle and then after that Mr. Tom Washington.
Mr. Wellington Rolle: Mr. Mayor, Members of the Commission, my name is
Wellington Rolle. I live in the City of Miami, 1471 N.W. 43rd Street.
I think that the issue that is before us today represents what I believe
will impact adversely upon the credibility and the integrity of this
Commission. I think that the record shows undeniably so that the citizens
in the City of Miami are in opposition to a 20% increase in the sales tax.
I think that I'd like to take off on this subject where Mr. Knox led into
that the State Legislature had effected enabling legislation that gives us
this opportunity. I think that in every other opportunity that this City
Commission has had to implement positively legislation that would have
impacted positively from the Black Community, it missed that opportunity.
When this Commission had an opportunity back in 1976 to go along with the
Constitutional Amendment to eliminate slums and ghettos and blight in the
City of Miami, here we are in 1982 and we have not done it. When this
Commission had an opportunity to provide economic benefits for the Black
Community with the distribution of proposals for bus benches in the City
of Miami in various segments once again it simply did not do it. It had
the opportunity to do it. But this Commission went on record and eliminated
those boundaries that established the various districts in the City of
Miami. :;ow I find it incredible that in 1982 that our Mayor, I have
.i great deal of respect for the Mayor, I don't agree with him on this
issue. I think that he has taken a position here that probably serves
some of the needs other than the citizens' of the City of Miami. But
I want you to know, sir, one of the 87,000 who live in the City of Miami,
:ho are Black, that the people who stand before these microphones and to
tell you that we are concerned about jobs in the Black Community, I
t:�iak it is a misrepresentation of what the facts are. I don't believe
t,at there is anybody in the Black Community who is going to own a
.fJncession. `;obody is going to own a franchise. Nobody is going to
e able to opel-ate the usher service. This has not happened in the
t. It i5 not going to happen in the future. How many people are
a•out'. We are talking about a number of people who are
u::em-pIoyed i:: the Black Community. It certainly is an innocuous sounding
eras tinat we need jobs, that there is unemployment and we can bring
yI t o rtople up from the unions and say to us that we represent the
,• �.lc o wirkers and we want -bs for our people. That's fine. I
t:ne pecple LOL). _ ant jobs for all the people who are
to :)ecome c :,Ix:ed in the City of Miami. But the
..a.e, Mr. tiIa_,cr, _s that this Commission has had on
ortunities gcint _.zci to Urban Renewal, to Rapid Transit,
i arias, that thert7 »ere benefits that could have accrued to
this Ccum:issi c.n c1 i4 3 not participate, did not make these
So I find it :e: hifficult that we can come up today to
sre concerned about jobs in the Black Community, that we are
I t don't beli
_.:ac.ern� etrut contracts .n the La:.Ln Community. jug eve
NOV 10 1982
0
Mr. Wellington Rolle (CON'T): it. So, I would hope in closing, Mr. Mayor,
that unless we examine this issue, ladies and gentlemen, on its logic and
plausibility, then you and I will be in a position of seeing us, this
community, take the classic broad jump from the false premise to the
unwarranted conclusion. Thank you.
Mayor Ferre: Mr. Tom Washington.
Mr. Tom Washington: Honorable Mayor and Commission, for a while I thought
I was in the wrong Chamber. It sounds like I am at the County. My name
is Tom Washington. I live in the City of Miami and I do business in
Liberty City at 1342 N.W. 62nd Street. I'm one of the ones who voted
against it the first time around. I'm one of the ones who understand
this time around we are not voting on the same thing. We are voting on
set asides, guarantees....
Mr. Dawkins: There is no connection. Wait a minute, there is no connection
between the one cent sales tax and the procurement. Let's not confuse the
issues now.
Mr. Washington: This time around I am voting for it. I would be less than
honest if I were not to admit that the refurbishing of the Orange Bowl and
the building of a coliseum and exhibition hall would not be a bonus to
the City of Miami and would have a positive impact on Black people. I
am also aware that it is a mere rhetoric when any group in any part of
our town feels that it can develop without infusion of public monies
for the development of public works and facilities. One must also be
honest about what the opposition is saying. They are saving we do not
want a penney sales tax. They are not saying they do not want a stadium
or an exhibition hall. In fact it is they who want those things and they
must pay for it. we can do it through bonds, which will cost us tax
dollars and other revenue approaches. But the bottom line is it will cost
us somewhere down the road. I think they penney sales tax is an easy and
less painful, more equitable way of paying the public share of the cost.
This year can be matched with the sales of sky boxes, tax ticket surcharges,
equity sales and concession revenue to pay off the cost of the facilities
and provide their operating expense. It would be easy for me to say give
the penney tax to the Black Community so that we can develop our own
businesses. But candor brings me to conclusion that only a joint effort
of public and private dollars would truly revitalize and upgrade our
community. The evidence of this approach is so clear in so many parts
of the Cit:•. So when you say that a sports coliseum will be built on
the fringes of Overtown, I know it will enhance that community and will
-- create jobs for our community. So will the renovation of the Orange
Bowl and building of an exhibition hall. So I don't argue with the
amount of good it will do in the Black Community. Therefore, while
1 support in fact, applaud your efforts, I insist that you and the
Commission guarantee a minimum of 25% participation by Blacks, ideally
work toward a goal of 1/3 of all jobs,contracts, and concessions. Good
A:c'=, and I ..ait on your instructions on how I can best serve. Thank
for your attention.
.'-,;:or rL�rre: Xr. George Schulte, and then after that Ted Hollo.
:'r. ,?ere ;Chulte: George Schulte, State Chairman of Florida's
rc�c�sitiu:, hirtcen. Twice in the last 72 months the voters in
Count", sa4: no to any sales tax increase. There will be casualties
the ra::i:s of t::e proponents of this new sales tax proposal. There
;casualtius in the ranks of any businessmen in the City of Miami
saves tax proposal goes through. $60,000,000 is not a penny.
;,rcrates out and computes to $400 over the 146,000 family
City of Miami. S400 is not a penny. You have,
%:our own litany of griefs here more than enough to
:..�.tt. ou have operating deficits at the Orange Bowl,
operating deficits at Bayfront Auditorium,
Y},
!` r Jerre: ;aL ld not Correct.
.�
t��
ie
v 9
NOV -10 1982
0 0
Mr. Schulte: You have an actual embarrassment in your Employees Pension
Fund. You are endangering your own employees' future retirement plans.
I tell you to vote no today to enhance the image of government. Don't
destroy it any further. Don't embarrass the electorate of Dade County,
not just Miami, but all of Dade County by precipitous action here tonight.
Vote against this pouting, juvenile, attempt to rip and run with
$60,000,000 from the pocketbooks of an already impoverished Citv of
Miami.Fiow impoverished is the City of Miami? Representative Roy's
subcommittee on banking in the United States Congress says that Miami
now ranks seventh as most economically depressed metropolitan area of
the 50 largest metropolitan areas in the United States today. One more
step like this and you will drive it to the very bottom rung of the
economic ladder. There certainly will be a net loss of new jobs in the
projected job growth in the private sector, as is always the case when
our taxes are increased. When there is a ship of wealth from private
sector in the form of taxation into the public sector, when taxes are
diverted to special parochial causes and ethnic interests, and guess
who suffers and guess who pays the major percentage of this punitive
sales tax'. As always, the poor. Now, in this most regressive of all
forms of taxation will push the residents of Miami, which now stands
on an almost bankrupt City looking back over the four, five fiscal
years, will push them to the point where they actually revolt. The
last of these elderlies on small, fixed pensions can only be diminished
by any further tax increases. You must realize that you are crippling
Miami Businessmen. These men have long memories. We, the taxpayers,
are circling our wagons state-wide. We, the taxpayers, locally and
state-wide have gathered 450,000 signatures and we will be on the next
general state-wide ballot with our proposition 13. We have marked our
territory. We are marking the votes of our elected officials all over
the State.
Mayor Ferre: Thank you, sir.
Mr. Schulte: Vote against this tax.
Mayor Ferre: `r. Tibor Hollo.
Mr. Tibor Hollo: Mr. Mayor, Members of the Commission, my name is
Ted Hcllo, 444 Brickell Avenue. I am here listening to the proponents
and adversaries of this proposition. I can understand that in the
50's -we had an Orange Bowl Stadium that was a prosperous stadium. It
was frequented by the Hurricanes and we used to holler: "Let's go to
Then around us in the country great cities, and we would like
to call ourselves a great city, great cities built their stadiums,
their arenas, their coliseums all around us all through this wonderful
great nation. We today in the 80's, a mere 17 years ago from another
millennium, the year 2000, sittinz here with the old Orange Bowl Stadiur`.
:Cnsicer it -n afrent to our city, We have been asked for years
a id ;:ears on to si4r. our ballots to vote for a jail in Jacksonville,
:cto f`r a rai:«r_: in Pensacola,to vote for facilities in Tallahassee.
:t did not create jobs in Miami. It did not create business in Miami.
t did not create employment in Miami on any level. Finally we have
:,,ere a proposition I submit to you that will serve a double purpose.
(>ne, it will bring us into the 20th century. It will give us the new
and modern arenas. It will give us the new coliseum that other cities
gave had for decades. Most of all, it will give our city the employment.
:t will give-_ our city the jobs and the business. Not anymore signing our
nar-e and giving our money somewhere else in our great state; keeping it
.:ere. fcr our recple. Thank you, Mr. Mayor.
'i;. ,'cr- ''�r JC" n �i.iZ.
NOV 10 1982
Mr. John Diaz: My name is John Diaz. I live at 70 Tamiami Boulevard,
City of Miami. The last gentleman that spoke is the owner of the OMNI,
or was the builder of the OMNI, a very rich man. Unfortunately he does
not realize that this sales tax that the Mayor wants is going to be in
the backs of the poor, the infirmed, and the elderly of this City of
Miami. Number one, the people without transportation will pay this sales
tax because they cannot leave the City limits of the City of Miami.
Consequently, the people with transportation will take their business
out of Miami and the small merchants will suffer the consequences. It's
unfortunate that a few minutes ago they attacked Mr. Braman because he
happens to have reached the American dream: he is a rich man. He has
many, many agencies that sell various types of cars. I congratulate him
for reaching that dream that I have not. A personal attack is not the
thing here. We are talking about a sales tax that was voted down by the
people of Dade County and the people of the City of Miami in every single
district. We are going to spend $80,000 of the people's money for a special
rigged election that will be controlled by money, money, and money. The
special interest wants to build that coliseum. I ask the Black community,
you are going to get temporary jobs building the coliseum, and who is going
to get the permanent jobs in that coliseum. ?
Number two, what baseball team or national franchise do you have to go
into that coliseum? Do you have a hockey team or a basketball team of
national stature? You certainly do not. You are building a white elephant
like you build a monorail that is not going to function, a $100,000,000
tax overrun. Who are we kidding, ladies and gentlemen? The Black community,
the Latin community, the White community, what, are we polarizing the City
of Miami to make the rich richer and the poor poorer? It is ridiculous,
ladies and gentlemen. Mr. Knox, don't hold your ears. I'm doing this for
the benefit of your community, which you represent. And you represent
the because you are going to get temporary jobs to build a
white elephant and in the long run the White power structure will control
who works inside the coliseum and the new Orange Bowl, if it is ever built.
It is ridiculous, ladies and gentlemen. I think the Mayor should hear this.
I think it is important; you are leading the battle in favor.
Mayor Ferre: Just lower your voice, John.
?ir, Diaz: No, I don't want to lower it. I want to make sure that every-
body hears because it is very important.
Mayor Ferre: Hey, look, you are not in Hialeah now.
Mr. Diaz: That is a disparaging remark for the City of Hialeah, which
does not go into white elephants and does not build white elephants, and
has a very good mayor that does not like to spend the people's money and
has a balanced budget, by the way.
`savor Ferre: I like you too.
'ar. Diaz: One more thing in closing is that most stadiums in these
;;nited States run at a deficit. These stadiums are going to run at a
deficit. we the people are going to pay again and again to maintain
:e:... :rank sou ver, much.
`?r. Mayor, Mr. Mayor, before I sat up here and passed an
:rdi:,:3nce, which I thought we were removing the one cent sales tax from
considt-ration of the ordinance, Now every time I hear a speech, it appears
to me, and this is my personal opinion, that all I hear is, "I'm going to
cork for ti,is because you passed the ordinance. I would like to defer
t:he reading of the ordinance until the 16th, after the vote, to
that this has no bearing on what we are doing.
Is it deferred?
r
i r,yT_ . .
` i..7
1/r
uncerz�t.,::d what you are asking.
NOV 10 1982
r ft
Mr. Dawkins: What I am asking is....
Mayor Ferre: Is this a motion?
Mr. Dawkins: Yes, this is a motion to defer the second reading.
Mayor Ferre: I'm sorry. Which second reading?
Mr. Dawkins: Of the ordinance which we just passed for procurement. The
second reading is supposed to come up on the 9th. Now all I'm hearing
seems to be hinging on whether we... I know we are going to pass. I
don't have any problems with that. But all I seem to be hearing is that
I'm going to work for this because of passage of the ordinance. So, I'd
like to defer the second reading of the ordinance until December 16th,
which is after the vote on the one cent sales tax to let people know
that nothing hinged on it.
Mayor Ferre: I tell you... well, I'll see if there is a second to that.
I am. Well, I'll speak against it when there is a second, if there is
a second. Is there a second to the motion? Is there a second? Is there
a second to the motion? All right, Mr. Sorg, continue please.
Mr. Stuart Sorg: Mayor Ferre, Members of the City Commission, Mr. Gary,
I'm Stuart Sorg, President of the Coconut Grove Development Authority
and Chairman of the City of Miami's Waterfront Board. Let me first say
something about Proposition 13 gentleman. I can be proud to say that in
January, Dinner Key Marina will produce about $1 million in excess revenues.
So the City today is showing well, proper management. I am proud to be
part of the small part that I am playing. I think that we are on the
right track to many proper things. The statement that I am going to make
tonight, though it is small and limited, it does bear the strength of my
feelings. We are today watching and witnessing the development of a
world class city that is known for all of its wonderful facilities. We
are growing because people like and enjoy the facilities of the City of
Miami. It would appear to me that logic would dictate the overwhelming
need for a one cent sales tax for the refurbishing of the Orange Bowl
and other prominent facilities. This is going to create new jobs for
the Blacks, for the Latins, and for the Anglos. As a strong supporter
of the City of Miami, this worthy tax bears my hearty endorsement.
Mayor Ferre: Thank you. The next speaker is Carlos Rodriguez Quesada
and then Leslie Pantin.
Mr. Carlos Rodriguez Quesada: Thank you, Mr. Mayor, I pass my right
tc speak today. I put on your desk and on the other Commissioners'
my opinion in a memorandum. Thank you.
-_
Ma.:or Ferre: The next speaker is Mr. Leslie Pantin, Jr. All right,
Mr. Gort. I tell you what, we have a letter from Leslie Pantin. It
r
says, where is it? Here it is. Leslie Pantin,"the Board of Directors
of Little Havana Tourist Authority endorse the one cent sales tax for
_::e year '83 for the purpose of renovating the Orange Bowl, building
a coliseum and e:-.hibition hall. The Little Havana Tourist Authority
is made up of fifty associate members, hundreds of volunteers. They
#r'
are the organizers of the Carnival Miami, which is the largest hispanic
festival in the United States. Further, the authority promotes Little
iiavana as a tourist center and it feels that a sports facility will
iave a positive economic impact on Little Havana and all of Miami.
:ill be the source of much needed jobs for our residents."
do you want to say something?
I have a stomach ache. I have to be excused,
1::.;;.i:::issioner Dawkins left, the meeting at 6:50 P.M.
:r :•'._ . nal'_ace 4cCall . ahead, Mr. Gort.
i i
�C
NOV 10 1982
k d
f 'j
r 0
Mr. Willie Gort: My name is Willie Gort. I reside at 2660 N.W. 14th
Avenue. Our family owned business is at 1602 S.W. 8th Street. I think
we have a different issue here. Everybody is speaking about the issues
being voted down in two elections. I think one of the reasons it was
voted down in the County was not at the specific site. It was not definite
of any specific plan. A lot of people had doubts about this. I think the
City of Miami would benefit a lot with the refurbishing of the Orange
Bowl, especially the area of Little Havana. Every time you have a game
within Little Havana at the Orange Bowl you have that add from $50,000
to $60,000 coming in for one day. At same time we keep forgetting about
the tourist center that we have here. We are talking about the citizens
of the City of Miami paying for this tax. People forget that last year
13,000,000 visitors into Dade County of which we get a large share into
the City of Miami. So a lot of this tax will be getting paid by the
tourists and the people that come into the area. I think we do need
this. One thing that people forget about with all our growth is the
need to buff up our tourist industry. There is a great need for it.
We have to create events. I feel for Mr. Cardenas. He is spending
a lot of money and taking a chance in the boxing game at the Orange
Bowl with the boxing match. We have not had a big boxing match in a
long time. The reason being that we have to have it at the Orange Bowl,
where it is in the open air. We all should pray that it does not rain
Friday, because if it rains, what is going to happen to the boxing match?
We need a convention center with more space to attract the large
conventions that go on through the nation. This is what will help the
City of Miami. I think it should be not up to the so called leaders.
I think that the people should have the right to vote for this. I
think this will bring a lot of benefits to the City of Miami.
Mayor Ferre: Thank you, Mr. Gort. By the way, happy birthday!
Commissioner Dawkins returned to the meeting at 6:55 P.M.
Mayor Ferre: Mr. Wallace McCall.
Mr. Wallace McCall: Ladies and gentlemen, I am here today against the
one cent sales tax. Not who is rich or who owns this and who is poor.
The issue is the sales tax, 1'. sales tax. What Mr. Braman has is his.
What you have is yours. The issue is the sales tax, 1% sales tax.
I want you to think very clearly. I love sports just like you all do.
In fact, I can go way back... any one of you all. But the point is this
two or three years from today ... I want you to think about this... two
or three years from today if you buy a package of cookies for 5C today
and you pass that one cent sales tax and they go up to 6C and three years
from today when something else comes up, what do you think is going to
happen? The 6C sales tax has already been passed. And what is going
to happen the following year? The following year they are going to raise
your taxes again to get what they want. But you all are sitting here
talking about jobs, jobs. The whole country needs jobs, all over the
world. Ever since from day one people have needed jobs. I'm sick of
my so called Blacks talking about jobs for us because after they build
that complex then where do they go from there? Promises! Promises!
Promises! The n glos, the Latins, the Blacks, we are all in this together.
We all need jobs, not just Blacks. We all need jobs. But I want you to
think about that penney sales tax. When you leave here this afternoon
look at all these buildings being put up around you all. All the out
town developers. That is where your money goes. Then you are all sitting
in here arguing over a sports complex. I mean you have three or four
stat�!.s right now that are in the hole because of the same situation,
i is -o .�n and let's not keep this 1' sales tax from being passed. We
ioc,c in our stomachs first, because you are going to suffer three
c:.r tour ears from today. Mr. Ferre is still going to have his building
:-' :n telling you the truth.
u ,. "
wisp ti;at were true.
93
NOV 10 1982
Mr. McCall: That is right. See, some of the Blacks got up now just as
I was talking. Those Blacks that were talking all owe him something.
They are token. I know every one of them. They are token! They are
not my leaders. They are not my leaders. There is no such thing as
"Black leaders". I never hear whites say "White leaders" nor Latins
say "Latin leaders". Those are his people that he sends out there to
try to tell us what to do. We don't need that. We have some in here
right now that will betra;: you for three pieces of silver, like Judas.
We have a lot of Judases in here. Thank you.
Mayor Ferre: Mr. Scippio. We are getting short on time. Go ahead,
Mr. Scippio.
Mr. Coleman Scippio: My name is Coleman Scippio. I was born and raised
in Miami. By the way, I am not a speaker, but I do the best I can. I
deal with the people in Miami that need jobs. My function is to try to
provide the jobs for them. The last speaker who was up here said that
people who spoke in favor were people that Ferre had appointed, told
them to come up here, whatever. If anybody knows Scippio... nobody tells
Scippio what to do. If I think it is right, I vote for it. If 1 think
it is wrong, I am against it. I think it is right for the one cent
sales tax simply because I think we need some tourists in here. I know
that tourists come here and they go straight to the Bahamas or they
go to DisneyWorld because they have nowhere to go. They don't have
anything here to keep them here. Any city that is going to rely upon
tourists and they don't have anything for the tourists, they are not
going to have any tourists. But I am not in the tourist business. I'm
in the labor business. I have 400 to 500 people every morning sitting
on the bench. They don't have a job. I have to sit and listen to their
stories, they are losing their homes. Their kids are hungry. I don't
know how many people Mr. Wallace has that he talks to every morning. I
have to face these people every morning. Their vision is not 25 years
from now. ;heir vision is Friday, the next day I want a pay check to
carry home. Thev do not have it. It is getting critical. Since there
is something being built, that is what we are labor, we build. Anything
other than that, the laborers don't think beyond. I represent a lot of
laborers, because 1 am a representative of the Labor District Council.
1 see it ever-; day. T will say it to Mr. Wallace and anyone else that
says Mayor Ferre or the Pope tells me what to do, they are a damn liar.
Thank you.
Mayor Ferre: Barnie Lazarus.
Mr. Barnie Lazarus: Mr. Mayor, Members of the Commission, I have to
straighten out a couple of falsehoods that have been going around. It
is about time somebody put a stop to it. In the first place, for the
last four days Ferre's statements in the press have turned from the
ridiculous to the sublime. On Saturday he said it was going to be a
at?,000,000 deal. Sunday it was $120;000,000. On Monday•he-had`arl
BJ.ac?s lined up. On Tuesday when they weren't lined up he was
)ing to zet all the sports people in the State of Florida to tell
;':out .:fiat a wonderful thing this was. one of the sports people whose
::Le he mentioned happens to be a shoe shine boy at the Fountainbleau
;:.en's room. li,e.re's a good guy to tell you how to spend $120,000,000.
:;is w:ol4 thin; inmy opinion reminds me of two kinds of cheese. One,
as i..l' of soles as Swiss Cheese. ,,umber two, it has the smell
i Limbur;er. 1 don't know what Maurice Ferre is trying to do. He
:':a^.ges pcs.tions. Fie changes his spots. I'm going to nominate him
!�ecau_se he has d_on_e more broken fields running
an eve:: ::trs:lsl '.+a:r:er has done. So, my more
with r8o3rC`Ltl'tnat
_ t-at _ is ;ust ridiculous and he is gust trying to fool the people.
:.e bi. zest mistakes he has made is saying that this tax,
zni ng to raise S60,000,000. That is not true. I
Stag= or Florida Tax Department. The tax originally
Jade County was going to raise $134,000,000. The City
the population. on, the basis of 21 3/10ths
r„- t I.4,d00,000 which w•as supposed to be raised, the City
..__ receive $2S. mi": on. T,:at is the fact. It is not
4 NOV 10 1982
(Cont'd)
Mr. Lazarus: $60,000,000. I'll tell you another thing. It is not going
to be $28.7 million because you are going to see a mass exodus of everybody
that buying high ticket items out of Miami. Nobody is going to pay $100
extra for a $10,000,000 car, when they can go to Coral Gables or North
Miami, or Miami Beach and save that amount of money. What you are going
to do if you go through with this is bankrupt a large segment of the business
community of the City of Miami. I think this is something that should weigh
very heavily on your consciences.
A good general is a general that knows when to retreat. I think it
is time to retreat.
Mr. Plummer: Barnie, you have 30 seconds.
Mr. Lazarus: Thirty seconds to live or die?
Mr. Plummer: To wind up. You said that, not I.
Mr. Lazarus: Now here is how you can retire gracefully. You can say that
you think you are going to win and that you just don't want to polarize the
City and you want to unify instead of divide the City, and you are going
to rescind the resolution. I think that is exactly what you should do.
You should rescind this revolution. We need another 20% tax like Custer
needed more Indians.
Mayor Ferre: Ladies and gentlemen, we said we would do this until 7:00.
It is now 7:05. I have some speakers left. I will read out their names:
Jose Collado, Henry_ Burger, Celia Tuset, Dr. Tom Ferguson., Victor de Rothchild,
and Ernie Fanatto. Look, Ernie, I'd like to wind this thing up with you.
- Would anybody feel offended if we moved along? I hate to cut it off but
we must leave in a few minutes. So, Ernie...
Mr. Ernie Fanatto: Two minutes.
Mayor Ferre: Take Your two minutes.
Mr.. Fanatto: Honorable Mayor, Members of the Commission, I think that
that the tax payers in this City are going to get a blank check. I am
going to ask you, as Commissioners, everybody in this room, and Mr.
Braman, who has been one of the most successful businessman and civic
leaders, would you invest $60,000,000 in the Orange Bowl or enterprise
if you did not have a signed contract backing it up? Not a single one
of you would. Commissioners or any of you people. We do not have a
contract, Mr. Robbie. You know what he says in the press? He does
not want to play. He is not for this. Now if we spend that money in
the Orange Bowl and Mr. Robbie sells his franchise or moves to another
city, what are the taxpayers stuck with? So I am going to say that I
think you folks have been good civic leaders. I am glad to be here.
Let's all get together and say to Mayor Ferre and these Commissioners,
"If you can't give us a signed contract protecting the investments of
taxpayers of this City, let's all vote against it."
r Ferro: Ladies and gentlemen, unless someone has an absolute necessity
t"",y ;:_,.•e to say the last word, I'm going to call this public session
to a;,ai:. '.il right, Mr. Lazarus. You have two minutes. Quickly,
i :,isc,, you are going beyond the aloted time.
' n Laz,;rus: I'm doing to be brief. I bow to nobody with my love
,::r Miami. i rirst came out here in 1925 when there were 26,000 people
and �-',000 in the entire county. I went back north to finish
;r.coli. I ':iave now resided here for probably 40 years continuously.
I have seen the County grow. I feel that if
:<<essary and profitable, private industry will put it
a few more jobs. We have building going on in this
billion. How many more jobs will we get if
out c:f work, how come in this $1 billion of
.....r� .. :.ot Wore....
r -,h, '.r. Lazarus.
NOV 10 1982
0
0
Mr. Lazarus: I have not finished my two minutes.
Mayor Ferre: No, but I'm going to finish you pretty soon.
Mr. Lazarus: Please, por favor!
Mayor Ferre: Go ahead.
Mr. Lazarus: I have one last thing I want to say. 5% of the population
of South Florida goes to these Orange Bowl games. How many of the people
that work for a living or have small businesses in the City of Miami can
afford $16 to see a football game? How many people can pay from $30 to
$500 to see a fight Friday? You will never get a baseball stadium. You
will never get a baseball team here. You'll never get basketball, because
they are all filled up. I say let the people who make the money on these
teams build these facilities.
Mayor Ferre: Thank you, sir.
Mr. Dawkins: May I speak?
Mayor Ferre: Yes, sir.
Mr. Dawkins: Mr. Mayor, I am against the sales tax, which you know. I
tried to remove politics from it by having us remove the ordinance and do
it first. I have had individuals come to me in the halls and tell me that
they are supporting this because they told us that the only way they would
support it is that the ordinance was in place before they voted. I am
opposed to that. The fact that I have tried to move, whether it is true
or false, the fact that I have tried to move the ordinance to the 16th
leads credibility to the fact that it is a possibility. Now I would like
for those individuals who spoke to know one thing. It will take one year
to collect these funds. It will take another to identify additional funding
to go with whatever tax funds you have. It will take another year to design
the stadium. So all you people who are getting up here telling Black people
and Latins about jobs... the jobs that you are speaking of are three and
a half years away. So if you can afford to wait that long, then be my
guest. Thank you.
Mayor Ferre: Are there any further statements? If not, we will now move
on.
37. SECOND READING ORD.: CREATE AND ESTABLISH THE MIAMI SPORTS
AUTHORITY; INCLL'DES MOTION OF INTENT OF RETENTION OF CERTAIN
ME'iBERS AND NAMES TO BE SUBMITTED TO BE CONSIDERED AS CHAIRMAN
A,D VICE CtL-%IR.*iAN.
^ayor Ferre: item 24, which is an ordinance on second reading. Does
Co- ;aissioner Plummer wish to move that ordinance?
4ir. Garcia -Pedrosa: Mr. Mayor, there is a revised ordinance from the
:one that is in the packet.
"ayor Ferre: I would appreciate, Mr. City attorney, if we don't do that
in the future. You have had this all day. You could have given it to
members of the Commission. As I understand, the only change in this is
:hat it increases the size to eleven. Is that correct?
'-ir. Garcia -Pedrosa: Yes, you voted on it last time. This is merely the
Wemoriaiization of what you did before.
Nov 10 1982
Mayor Ferre: Does it do anything but that':
Mr. Garcia -Pedrosa: No, sir.
Mayor Ferre: All right, is there any discussion on the ordinance?
Mr. Dawkins: Move it.
Mr. Plummer: Under discussion.
Mayor Ferre: Yes, sir.
Mr. Plummer: Mr. Mayor, I would like to recommend at this time that
the three members that presently serve on the Sports Authority from
this City....
Mayor Ferre: Mr. Vice -Mayor, could we do that after? Because that is
not germain to this issue.
Mr. Plummer: All right, sir.
Mayor Ferre: I will recognize you for that purpose afterwards.
Mr. Plummer: Fine.
Mayor Ferre: As I recall you made the motion, Miller. J.L., you seconded
it?
Mr. Plummer: Fine.
Havor Ferre: Now under discussion on the motion itself.
Mr. Carollo: On the motion itself, on the appointments that we are
to make, can we leave that for another occasion? I have no objection
to rename the same three people that we have, but we are going to have
to make other appointments and we might want to discuss this. Can we
leave the appointments for another meeting?
Mr. Dawkins: I accept that amendment to the motion.
:Mayor Ferre: Well, no, that is not part of the motion, so you don't
have to amend it. That is something that I asked J.L. to hold up
until after because I knew that there would be some discussion on it.
So that is not to the motion. Further discussion on the motion as has
been presented? Call the roll. Read the ordinance, I'm sorry.
Further discussion?
".r. Lazarus: Mr. Mayor, is there a public hearing on this particular
Second reading'.
':.r;or Ferre: Yes, sir.
Mr. Lazarus: 1 want to speak against it.
^Iayor Ferre: All right, Mr. Lazarus, I will recognize you to speak at
.his time.. You have three minutes.
"'.r. Lazarus: I'm going to tell you, gentlemen, something right now
that Wares such good sense and is so logical that in your wisdom I
know you are going to have one of you offer a motion with regard to
::y suggestion. ::bout two weeks ago this same thing came up before
Commission. I spoke on it at that time and suggested
to rF;e C,=I scion that that matter with regard to the renewal of the
Dad,- Co:nt_v Sports :authority be deferred until after the November 2nd
i:: t-n�-ir wisdom the Dade County Commission voted to defer
_ until:ter tile election. You know what happened at the election.
ti:st i7 4c ill4, t;) be taken up at the next Dade County Commission
meeting on the loth and you know what is going to happen to it. It's
as dead as a Dodo Bird. I would like to make the suggestion that this
4`
NOV 101982
0
4
Mr. Lazarus: (Con't) Commission take this same matter up after the December
14th vote at which time the people would have indicated in no uncertain terms
just how they feel about a City of Miami Sports Authority as well as the Dade
County Commission did with regard to a Dade County Sports Authority and I
would suggest that a motion to that effect is definitely in order and I would
like to see it passed to give the people a chance to decide about a City of
Miami Sports Authority. Thank you.
Mavor Ferre: Further discussion? Does anybody else want to speak'. All right,
call the roll.
AN ORDINANCE ENTITLED
AN ORDINANCE OF THE CITY OF MIAMI CO:LMiISSICN CREATING
AND ESTABLISHING THE MIAMI SPORTS AUTHORITY; PROVIDING
FOR A GOVERNING BODY; PROVIDING FOR QUALIFICATIONS OF
M _1BERS; PROVIDING FOR THE APPOINTMENT AND REMOVAL OF
MEMBERS; PROVIDING FOR THE ORGANIZATION OF THE AUTHOR-
ITY; PROVIDING POWERS, PURPOSES AND DUTIES OF THE
AUTHORITY; PROVIDING FOR APPOINTMENT, TERM, QUALIFI-
CATIONS, COMPENSATION, GENERAL POWERS AND RESPONSI-
BILITIES OF THE DIRECTOR; PROVIDING FOR PROVISION OF
LEGAL COUNSEL; PROVIDING FOR MATCHING CONTRIBUTIONS;
AND PROVIDING SEVERABILITY, INCLUSION IN THE CODE,
AND AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of October 28, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Dawkins, seconded by Commissioner Plummer,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Cc=issioner Miller J. Dawkins
_ Commissioner Demetrio Perez, Jr.
_ Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mavor Maurice A. Ferre
NOES: None.
A-1SENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9527.
The City Attorney read the ordinance into the public record and
;nncunced that copies were available to the members of the City Commission
nci the public.
rre: `;c», J. Twith regards to the appointment of the members,
to bring that up and then Joe can ask for a deferral? I will
_ :cu :s want to do it.
want to cause any problems. Just let me put on the
::r a ccmtinuation, the three that presently serve, and the
and two to be appointed at a later time, since we
_.- that was going to be my recommendation. If you want to
n r:blzra, Jce.
well 1 was just afraid that we were going to be getting
t,.-o ar.00intments now and he here for another half an
_at motion....
i:: the formcf a motion, Plummer?
will second it.
-: _naed by Carollo. Let me repeat the motion. The motion is
»e r anJ technically, Mr. Plummer, if you will forgive me, I
1_ C, --issioner Carollo make the motion and somebody else
'- N O V 10 1982
somebody second it rather than F1ur::. z" ..,_ .., t ;at he mace he can
make. I will explain in a moment.
Mr. Perez: I second it.
Mayor Ferre: All right, Commissioner Perez seconds. Let me explain why. We
have to send two names, according to this ordinance, for the chairmanship and
I think the two names ought to be Raul Masvidal and J. L. Plummer, because if
one is not...now, let me tell you why. If one is not the chairman, the other
one should be the vice-chairman, okay?...In my opinion... therefore, whoever
is not appointed chairman, because that is the way this thing works. We have
to have to recommend two or more to the County. They then will chose the chair-
man. And my recommendation is that two nominees be Raul Masvidal and J. L.
Plummer, and which ever one is chosen chairman, the other one will be one of
our appointees and therefore the other two members, being Juvenal Pina and
Garth Reeves. Is that acceptable to the maker of the motion?
Mr. Carollo: It is acceptable.
Mayor Ferre: Is that acceptable to the seconder of the motion? All right,
now I don't know whether Mr. Plummer can vote on this.
Mr. Dawkins: If he don't you got a problem.
Mayor Ferre: I guess you are going to have to abstain, Plummer, because you
are the member that is being filled.
Mr. Dawkins: The only thing I want to know is, why is it we keep recycling
the same Black people? We can't get any new people on these things?
`Savor Ferre: We have got two more appointments beyond that.
Mr. Dawkins: But...
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved its
adoption:
MOTION NO. 82-1078
A MOTION OF THE CITY OF MIAMI COMMISSION CONTINUING THE
APPOINTMEtiT OF THE THREE ME`BERS THAT PRESENTLY SERVE ON
T?:E MIAMI SPORTS AUTHORITY: (1) RAL'L MASVIDAL; (2) JUVE-
:IAL PIMA, and (3) GARTH REEVES; FURTHER STIPULATING THAT
T`,;O ADDITIONAL APPOINTMENTS WILL BE MADE AT A LATER TIME;
AND F'CRTHER STIPL'L;rl!;G THAT THE NAMES OF COMMISSIONER
— L. PL:.'K-•ER AND RUAL MASVIDAL BE SUBMITTED FOR SELECTION
OF A CNAIc2"i OF THIS BOARD.
cr. be n ; seconded by Commissioner Perez, the motion was passed and
the :0110win ; vote:
_'o:n::issicner Demetrio Perez, Jr.
-1: e Carollo
�nvc)r '"aurice A. Ferre
syicner `'�=1er Dawkins
re_:.r.. _ :_act that Mr. Plummer abstained.
Let me sad: this tor t%e record, Mr. Mayor. I have no problems
whatsoever ff the word that has to be used is "recycled" to reappoint a gentle-
men that has been a true leader o: this community and has truly stood up for
�9
NOV 10 1962
the Black community in this whole City when they needed him, and reappoint
Garth Reeves. I think it is an honor for this co=unity and for this Commis-
sion to reappoint hire and if that is going to be called "recycle", well then,
let it be called "recycle". It is the kind of "recycle" that we should be
proud of.
Mr. Dawkins: Let me say this, and I have to say this every time. Commissioner
Carollo should not put words in Miller Dawkin's mouth. Miller Dawkins did not
say not to reappoint Garth reeves. Miller Dawkins said that he was tired of
the recycling of the same Black people, so let the record reflect that Miller
Dawkins did not call any names. Mr. Carollo classified Mr. Garth Reeves as
a recycled Black.
Mr. Carollo: Mr. Dawkins, if a Black agrees with him, he is not a recycle,
but if a Black disagrees with him, he is a recycle!
---------------------------------------------------------------------------
NOTE FOR THE RECORD: Agenda Item 25 was withdrawn by the Administration and
will be considered at the December 9th meeting.
............................
38. FORIALIZING RESOLUTION: P.?POIST CO:DIITTEE TO AD:'ISE ON IMPLE-
ME:;TATIOS OF GOALS AND OBJECTIVES OF CITY CO?DiISSIOa re lc
SALES TAN REVENUES AHEN-DED TO READ S25,000 FOR REQUIRED STUDIES
A:'D I::FOR`IATIONAL BROCPURES .
Mavor Ferre: Item Number 25. Ncw, Mr. Manager, the funds to be expended
should not be anv more than is needed for a mailing to educate the citizens
and the expenditure to update, and I don't think it should be S50,000, because
we have never spent that much in the past. Would you mind if we limited it to
�25,000, which is what we have always spent?
Mr. Dawkins: Xay I ask a question? Since I am the only Commissioner on this
Board who is against the one cent sales tax and the proponents are receiving
$15,000 or S25,000 to promote it, what City funds do I get to fight it?
Mr. Plummer: Well, let me make that ver-.• clear, because I am going to be vot-
ing in favor of the motion. Mr. Dawkins, I will only vote for this motion
with the full understanding that that which is mailed will not be for or
against.
Mr. Dawkins: Okay, thank you.
Mr. Plu=er: This will be education to tell the people, hopefully, if they
vote one way what they will get and if they vote another way, what they won't
Zet.
''`r. J,, kins: Likay, thank you.
:iayor erre: I wi:.l tell you, I think we need to go - just be-
u that; q=:..5ci.:n }:as peen brought up - we need to go further. Mr. Manager,
Co n"t t hi::k tY r:t wc. should have ar,:•thing mailed out to the electors, since
on this, even if it is just one member or two, it
'I ar }^;r0':al of every single member of this
it is .hat ,.,our staff comes up with in writing, I think
ever s.^gle reber, because it must be totally
i _ i : w4_:1 t':; Manager accept the figure
!:. Car_110. c.<.n �3r:e a statement ^.J", ".:. Mayor?
�� NOV 101982
when he was running for chic:, or :t.rr.cr, cr r..a•.er, or whatever is being
run for when a statement is made trying to play to the headlines of tomorrow's
paper or tonight's television station that you are the only person that is
opposed to something, when just hours ago you finally make up your mind after
seeing how the winds are shifting in the bay. I think it is very unfair. I
have done what I think a Commissioner should do, and that is listen to the
public. This is a public hearing tonight to let the people that are for and
against the one cent sales tax express their feelings. This Commissioner, from
the day that I have set foot in this Commission, has not only been against, but
has consistently voted against any tax increase at any level in the City of
Miami and this Commissioner was the first Commissioner that from the beginning
did not go in the bay and test the waters against my fingers and said from the
start that I opposed the tax increase, so when others make statements that
they don't like others to speak up for them, I also do not like people to
speak up for me, especially when they are 180 degrees away from reality. If I
may take the opportunity also at this time, you know, emotions get carried
away when you get issues that are heated issues like this that in one way or
another is going to affect every person in this City, whether for the better or
for the worst. But, I have to say something. iAThen you see a businessman like
Norman Braman, that not only puts his own time, but his own money into a cause
that he believes in, I have to applaud that! There are a lot of business
people out there that are not in favor of the one cent increase. There are
some that are. Those that haven't been in favor of it, they sat in the back
of the room, haven't said much, are afraid to get involved, or are afraid to
dig into their pockets and oppose something. I have to respect Norman Braman,
especially the lashes that you are going to be taking in a campaign like this.
Sure, people talk about the Cadillacs and Rolls Rovices he sells, but they
didn't talk about the Tovotas or the Plymouths that he sells also. I think
that, Ladies and Gentlemen, this is going to have to be an issue that we are
going to try to have to keep personalities away from, if we can and I know in
politics it is very hard to do and vote for it, depending how we feel, whether
it is right, or whether it is wrong. I intend to vote against it, like I voted
against all the tax increases in the past, not only on this Commission, but at
the ballet, but I a. also going to respect the right of others that I think
their intentions are very well founded, such as our Mayor. I think that is
intentions are very well founded. What he is trying to do, he feels is true
and in the best interests of the City of Miami, so I guess what I am trying to
say to you all is to express your feelings December 14th at the voting booth.
Mayor Ferre: Have we voted on this?
Mr. Ongie: e, need a motion on 26.
Mavor Ferre: All right, as amended, who moves it?
.-r. Carclio: Can the motion be read again, as amended, please?
";;.;or Ferre: It is Item 26. The only change is that from $50,000, it went
G �IvT. to $:5 , 000 .
It still eoinv to ha iiSari to canri a mailar7
:errs. :�;, sir. Is there a motion?
thL motion?
. _:; e r
_s t::ere a second?
":. .. r •z. b; i c.rcz. F urther discussicr" Call the roll.
101
a Y t
NOV 10 1982
W W
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 82-1079
A RESOLUTION OF THE MIAMI CITY COMMISSION CREATING A
COMMITTEE TO ADVISE ON THE IMPLEMENTATION OF THE GOALS
AND OBJECTIVES OF THE FITY C0MMISSION IN AUTHORIZING
AN ADDITIONAL ONE -CENT SALES TAX TO FINANCE CERTAIN
SPORTS, ART, AND RECREATIONAL CENTERS; AUTHORIZING
GEORGE KUNDE TO UPDATE HIS PREVIOUS STUDIES REGARD-
ING SUCH PUBLIC IMPROVEMENTS; AUTHORIZING UP TO
$25,000 FOR THE REQUIRED STUDIES AND INFORMATIONAL
BROCHURES NECESSARY TO IMPLEMENT THE GOALS OF THE CITY
COMMISSION, WHICH BROCHURES ARE TO BE REVIEWED BY EACH
COMMISSIONER PRIOR TO DISTRIBUTION THEREOF.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
ABSENT: None
ON ROLL CALL:
Mr. Carollo: Before I vote, let me say the reason why I am going to vote "no"
on this motion. I think that whether you are in favor or against this motion
that public funds should not be used to try to get the the public to vote one
wav or another for it. I think the people who are in favor of this should
go'out and get their own funds and inform the public that way, just like the
people who are against it are going to do, therefore, I vote "no" on it.
Mayor Ferre: In every single election that the City of Miami has held, where
we have asked for money, whether it is taxes, or any sources of money, there
has always been an explanation from the City. The fact that this is going to
be approved by each member of the Commission for objectivity and the fact that
two members of this Commission are opposed to this sales tax, I think will
insure that it will be fair and objective and informational in nature only,
and therefore, I vote "yes".
`".r. Plummer: Be cre we go into another issue, I would just like to take
t':15 opportunity to thank the people here this evening; whether you are
c:r whether you are against, I don't know that I have ever seen a group
people who had as strong as emotions, who acted like ladies and gentle—
men, and 1 want to tell you that as far as I am concerned, I appreciate
::our being here to express your opinion. This will not be the final opin—
icn, obviously. It will be on December 14th, but I as one, appreciate
that e,.eryone tonl,ht governed themselves and acted like ladies and
ce tlecen, and I thank you.
very much.
T1 ATTO`; OF !ir,UN RIGHTS' VIOLATIONS
!s,cr Terre: Perez, the Chair recognizes you for your joint
reso'_uticn.
NOV 101982
Mr. Perez. T`-,i:' i I.c:pez
and Perez and we have sumo prose:: aticra :rc- difierent Cuban organiza-
tions.
Mayor Ferre: All right, will the Cuban organizations that are here on this
issue please step forward. A resolution joining in the denunciation of human
rights' violations in Cuba and also requesting those in authority to stop
these shameful violations.
Mr. Carollo: Second.
Mayor Ferre: This is a motion moved by Demetrio Perez, seconded by Joe
Carollo.
Mr. Jesus Permoy: My name is Jesus Permoy, president of the Christian Democra-
tic Movement of Cuba. The address is 2301 N. W. 7th Street. I am vice-presi-
dent for the Christian Democratic Organization of America, representing twenty
countries. We come before you this evening on behalf of those who are suffer-
ing punishment and persecution under the present totalitarian regime in Cuba.
We come here in grateful recognition of resolution
Demetrio Perez, Jr., who remembered the men, women and children suffering
permanent massive and systematic violation of their human rights. The approval
of this resolution is particularly important, since your solidarity with those
who suffer concerns and stimulates our struggle for liberty, justice and peace
in Cuba. The Center for Human Rights of the Christian Democratic movement
has documented before the Human Rights Commission of the United Nations in
Geneva, Switzerland about two thousand violations of human rights committed
against nearly one thousand persons in Cuba. All cases presented are within
the framework of the dispositions adopted by the United Nations and belong
to a political, economic, social and cultural order. They represent a sample
of more than 1,200,000 who had the courage to openly express their disagree-
ment with the regime. We raise our voices this evening to express the grate-
fulness of those who in the silence of totalitarian oppression, are given the
eloquent testimony of their rebellion, who sacrificed
consciences. Thank you in the name of political prisoners, especially those
in the Boniato prison, who at this moment are in a hunger strike, because
having served their sentences, are kept in prison by additional penalties,
which are total arbritrary and without due process. Thank you in the name of
the workers expelled from the labor centers. Thank you in the name of the
intellectuals who create for liberty and are repressed. Thank you in the
names of the students expelled from their schools for not having the nec-
essary political conscience.
Mr. Dawkins: May I say we are in favor of this and we are running against a time
constraint. Would you feel embarrassed if I moved this?
Mayor Ferre: It has already been moved and seconded.
Mr. Dawkins: Okay.
Hr. Fer=nv: If I may just request something. We would like ... today is the
day cf Solidarity with Poland, and we are requesting Solidarity with our
people. We would like to dedicate our resolution to the brave people of
Four"'.
'
XaVnr . ; rre:
All right.
ty
�
�C
bNA�
Co—issinner Carollo anCo:^_f^.issioner Perez, as the
meet vou...While they are coming up here, please
103 NOV 10 1982-
C�
The following resolution was introduced by Commissioner Perez, who
moved its adoption:
RESOLUTION NO. 82-1080
A RESOLUTION JOINING IN THE DENUNCIATION OF HUMAN RIGHTS
VIOLATIONS IN CUBA AND ALSO REQUESTING THOSE IN AUTHORITY
TO STOP THESE SHAMEFUL VIOLATIONS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: ;gone
ABSENT: hone
Havor Ferre: If you will all line up here, we will be down there to take a
picture with you and we thank the families of the political prisoners for
,;cur presence here, and we are totally in agreement with what you have said
he- re.
A✓.' 01
= There being no further business to come before the City Commission,
or. motion duly Wade and seconded, the meeting was adjourned at 7:30 P.M.
MAURICE A. FERRE
Mayor
AiT7-ST: RAL:111 ('"'. ONGIE
City Clerk V�
vu;sis*ant City Clerk i
l RCC) 10 TED
18 96
+�04,
104 NOV 10 1982
�� • r ' ��1 i . F
a _ ��
M
I ON :1PPO 1'. ; I `:(' -A: ! l!A
I"0RNAf.I,:l:;c Rf:SOI.I"["ION SALT: O1' ALCO'101.1C
BY LIQUOR PACKACE STORES (N.C.O.P.)
ALL SU,: DAYS T1il: MONTH of: DECEMBER
3 0\'ANT APPLICATION FOR ONE YEAR EXTENSION OP
CONDTTIONAI, USE AND VARIAN("I: "I'O .JOS1: "IANUET. RTPOLT FOR
'I:l)TCAL AND DENTAL OFFICES AT 1215 S.1 . 37111
['I'HOI.D (�R-ANTTN(; OF CONDITT ONA1, USE TO PERXIT ADDITION
LOT 1, BLOCK 9. OVER BROOKS PARK, LOCATED AT
3400 S.W. 281'11 STREET.
AMEND NASTIER PLAZA DI:VI:LOP�tI:N'I' ORDER APPROVED BY
RESOL["I'ION NO. 80-790 OCTOBER 30, 1980.
�AMEND DO N'1.O[•;N GOVER`;'li-INT CENTER DEVELOPMENT ORDER
APPROVED BY RESOLUTION NO. 81-343, APRII, 23, 1981.
ACCEPT PLAT "LE 1I:11NC TOWN VILLAS SUB".
ACC17P'[' PLAT "RTC -DAY -SUB".
AUTHORIZE CITY "IAPTAGER TO ENTER INTO CONTRACT
[;'ITH BELAFONTE-TACOLCY CENTER, INC. FOR PANTRY P1' I DF
PROJECT.
l RESOLUTION RESCINDING IN ITS ENTIRETY RESOLUTION
NO. 82-982 , [•,RICH HAD CAL1.171) AND PROVIDED FOR A
SPFCIAL `}L'NTCTPAL FLECTION TO 111: HELD DECEMBER
1 4, 1982 RE: PORNOCRAPHY ON CABLE T.V.
1 FORMW,I7.ING RESOLUTION. APPOINTING CO^I?11'1'TI:I: TO ADVISE
ON IMPLEMENTATION OF GOALS AND OBJECTIVES OF CITY
COMMISSION RE: ONE CENT SALES TAX REVENUES AMENDED TO
READ fi25,000. FOR REOUTRED STUDIES AND
INFOR!,1WHONAL BROCHURES.
' RI•:SOLUTION JOINING IN' DENUNCIATION OF HUMAN RIGHTS'
VIOLATIONS IN CUBA.
MEETING DATE:
COMMISSION
ACTION
It-82-1062
RETRIEVAL
CODE NO.
S_'-1062