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HomeMy WebLinkAboutCC 1982-10-28 MinutesCITY OF MIAMI COMMISSION MINUTES OF MEETING HELD ON October 28, 1982 (PLANNING dl ZONING) t1` PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL Wit Y C RALPH G. ONGIE CITY CLERK PLANNING S ZONING: 10/28/82 C1 To NO m iYICOf'F'�ISSIc 5hllAMI, FLDRIIl4 1 MOTION OF INTENT: URGE STATE DEPARTMENT TO REQUIRE ANTONIO MACEO BRIGADE TO REGISTER AS FOREIGN AGENTS OF COMMUNIST CUBA. (See later formalized Resolution 82-998) 2 APPROVE IN PRINCIPLE PLAN FOR RELOCATION OF APPROACH TO THE NEW MIAMI AVENUE BRIDGE. 3 DISCUSSION AND TEMPORARY DEFERRAL OF ZONING AND PLANNIN FEES. 4 GRANT REQUEST AND ALLOCATE $1,000 FOR PAYMENT OF FEE FOR USE OF BAYFRONT PARK AUDITORIUM BY CONCERNED SENIOR OF DADE COUNTY. 5 SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION 581 N. E. 62 STREET from R-c TO C-1. 6 SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION N. W. 3RD COURT, N. W. 22 LANE, N. W. 5TH AVENUE, N. W. 22N`D STREET FROM R-4 AND C-5 TO I-1. 7 FIRST READING ORD.: SPD-7 COCONUT GROVE SPECIAL CON- SERVATION OVERLAY DISTRICT AFTER SPD-6 BY ADDING A NEW ARTICLE N:{I-9 SPD-7. 8 FIRST READING ORDINANCE: APPLY PROPOSED SPD-7 COCONUT GROVE SPECIAL CONSERVATION OVERLAY DISTRICT TO PROPERTY LOCATED AT 1927 S. W. 27TH AVENUE. 9 MOTION OF INTENT: AMENDING AGENDA ITEMS 3, 5 AND 6 TO CONFORM TO A FIVE FOOT SET -BACK. i0 FIRST READING ORDINANCE: ADD NEW SECTION 15120 SPD-12, COCONUT GROVE SPECIAL CONSERVATION OVERLAY DISTRICT INTO THE NEW ZONING ORDINANCE NO. 9500 EFFECTIVE APRIL 6, 1983. it FIRST READING ORDINANCE: ADD NEW SPI-12 COCONUT GROVE SPECIAL CONSERVATION OVERLAY DISTRICT TO NEW OFFICIAL ZONING ATLAS OF THE NEW ZONING ORDINANCE NO. 9500 EFFECTIVE APRIL 6, 1983. "10TION OF INTENT: FOR ADDITIONAL FUNDING FOR ASPIRA PROGRAM -TO A TOTAL OF $74,000; CITY MANAGER TO RECOMMEN FUNDING SOURCE. i� DUAL DISCUSSION AGENDA ITEMS 7 AND 23: JACAROL BAY CLU %'ARIAN'CES A.ND FINAL READING OF ORDINANCE NO. 9419 RE- OUIRING FULL DISCLOSURE OF ALL PARTIES MAKING PRESENTA- 10:;S TO THE CITY CO�NISSION. (See label #38 for final reading of Ord. 9419). LL6_,-7_ PORTION OF N. W. 7TH STREET FOR METRORAIL OVERTOw _ CTOS-- Pc; ;T r ": � �F N. W, I rr3 COURT FOR *�TROR�IL CUL2gR 15 :L?1'uR TER -RE- a.:;';Cn'CES THE DEATH CF DICK KNIGHT A?iD A iiF BILE:;; PRAYER WAS OBSERVED. Page #1 QRDINANCE OR PAGE NO, SOLUTION DISCUSSION 2-5 1 M-82-974 DISCUSSION M-82-975 Ord. 9505 Ord, 9506 FIRST READ. FIRST READ. M-82-976 FIRST READ. 5-8 8 9-10 10 11 12-21 21-22 22 1 23 FIRST READ. 23 M-82-977 24-27 DISCUSSION R-82-978 R-82-979 DISCUSSION 28-41 41 42-44 1 44 um CI;'C STl0 Oq MIAMI, FLO DA PLANNING & ZONING: 10/28/82 Page 't2 QRDIMNOR 10 NO, SRECT RESOLUTION NO, PAGE NO, 17 MOTION OF INTENT: TO CHANGE THE WORDING OF SECTION 1 ON CHARTER AMENDMENT NUMBER 1. DISCUSSION 4-46 18 EMERGENCY ORDINANCE 9507: AMENDED VERSION OF CHARTS. AMENDMENT NO. 1. ORD. 9507 6-48 19 RESCIND RESOLUTION 82-852 BOUNDARIES COMMITTEE AND APPOINT A PERMANENT BOUNADRIES COMMITTEE INSTRUCTING THE COMMITTEE TO REPORT PRIOR TO THE NOVEl%fBER 2N'D ELECTION. R-82-980 8-49 20 AUTHORIZE CITY MANAGER TO EXECUTE RELEASES WITH RESPECT TO SETTLEMENT OF CLAIMS NOT TO EXCEED $4,500. R-82-981 9-50 21 FIRST READING ORDINANCE: PROHIBIT THE USE OF CABLE T.V. FOR DISTRIBUTION OF OBSCENE OR INDECENT MATERIAL FIRST READ. 0-51 22 RESOLUTION CALLING AND PROVIDING FOR SPECIAL MUNICI- PAL ELECTION DECEMBER 14TH PROHIBITING OBSCENE MATER- IALS TO BE TRANSMITTED ON CABLE T.V. R-82-982 2-53 23 FIRST READING ORDINANCE: CREATING AND ESTABLISHING THE MIAMI SPORTS AUTHORITY. FIRST READ. 3-56 24 SECOND READING ORDINANNCE: ADDITIONAL. ONE CENT SALES TAX ELECTION TO BE HELD DECEMBER 14, 1982 AND Ord. 9508 RESOLUTION CALLING SUCH ELECTION. R-82-983 6-64 25 GRANT REQUEST OF REV. LESTER C. ALBERT FOR BLOCKING N. W. 1ST AVENUE BETWEEN N. W. 61ST AND 62ND STREETS ON OCTOBER 30TH FOR CHURCH BAZAAR. M-82-984 4-65 26 GRANT REQUEST OF BAHAMIAN/AIERICAN FEDERATION AND ALLOCATE $1,000 CONTRIBUTION TO DEFRAY EXPENSES FOR USE OF BAYFRONT PARK AUDITORIUM. M-82-985 6-67 27 APPOINT COMMISSIONER J. L. PLUMBER TO THE BOARD OF DIRECTORS OF THE FLORIDA LEAGUE OF CITIES R-82-986 7-68 '28 CONTINUED DISCUSSION JACAROL BAY CLUB AND PROPOSED FINAL READING OF DISCLOSURE ORDINANCE. DISCUSSION 8-12 29 GRANT ONE YEAR EXTENSION OF VARIANCE FOR MICROWAVE ANTENNAS, 7880 BISCAYNE BLVD. R-82-987 2-73 2G ACCEPT PL-%T: "RIANIZA SUB". R-82-988 4- ' ACCEPT PLyT: "LE JEUNE CENTER SUB". R-82-989 14-75 APPROVE VACATION AND ABANDONI ENT OF A PORTION OF S.E. BAYSHORE DRIVE AT S.E. 12TH STREET. R-82-990 6-78 'CC "T P LET: "BRICKELL SHORE TOWER". R-82-991 9 T.,,ri.; DISCUSSION ITEM: MICROWAVE TOWERS AT 7880 3I SCAYNE BLVD. 'SOT To INFRINGE ON CITY OF MIAMI s?... .� .. 'ISION=A`;CilISE. DISCUSSION 0 ISTJ:% TO:I' S REC0:4'ENDATIONS FOR POLICY 10-81 F- �� ..:;E _ ., i i? .;GES GR JESIG;dATICNS. R-82-992 0-1 PLANNING & ZONING: 10/28/82 To NO. 36 37 38 39 40 41 42 43 44 ,1 2. CIT '91,, SSIO PMIAF&DA Page #3 F. SLUCT rS I UT I PACE N0 OLI1TIOfV APPROVE ADMINISTRATION'S RECOMMENDATIONS FOR REDUCTION IN PUBLIC HEARING FEE FOR PLAZA VENETIA PHASE II. (A) SECOND READING ORDINANCE•: NEW TRUST AND AGENCY FUND CHARRON WILLIAMS COLLEGE WORK STUDY PROGRAM. (B) AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH CHARRON WILLIAMS COLLEGE. FINAL READING: OF ORDINANCE 9419 ENTITLED ADMINIS— TRATION REQUIRING FULL DISCLOSURE OF ALL PARTIES MAKING PRESENTATIONS OR PETITIONS TO THE CITY COMMISSION, ETC. FIRST READING ORDINANCE: AMEND CHAPTER 22 ENTITLED GARBAGE, TRASH AND RUBBISH OF THE CITY CODE BY RAISING THE FEE FROM $75 TO $100 FOR RESIDENTIAL UNITS, ETC. PERSONAL APPEARANCE: ORLAN'DO URRA AND ARMANDO PRIETO re THE DISPLEASURE OF THE RESIDENTS OF THE ALLAPATTAH COMMUNITY IN THEIR RECOMMENDED DISTRICT— ING PLAN. FIRST READING ORDINANCE: AMEND CHAPTER 62 ENTITLED ZONING AND PLANNING , ENTITLED ZONING FEES PROVIDING FOR LAND USE APPLICATION FEE REDUCTION UNDER CERTAIN CIRCUMSTANCES. SECOND READING ORDINANCE: AMEND ORDINANCE 6871, ARTICLE IV, WHARVES AND DOCKAGE. SECOND READING ORDINANCE: AMEND ORDINANCE 6871, ARTICLE XI-2, RESIDENTIAL OFFICE R—CB DISTRICTS; PERMIT DOCKS AND PIERS TO EXTEND BEYOND 25 FEET UPON CONDITIONAL USE APPROVAL. FIRST READING ORDINANCE: AMEND ORDINANCE 6871, ARTICLE IV, SECTION 26, TRANSITIONAL USES IN RESI— DENTIAL DISTRICTS RESTRICTING TRANSITIONAL USE APPLICATION FOR SITES NEWLY REPLATTED. FIRST READING ORDINANCE: AMEND ORDINANCE 6871, ARTICLE XIV, C-2 DISTRICTS: PERMIT TWO RETORTS AS ACCESSORY USES TO A MORTUARY OR FUNERAL HOME. DISCUSSION OF FEDERAL REVENUE SHARING FUNDS FOR SOCIAL SERVICE PROGRAMS DEFERRED TO NOVEMBER 4TH. BRIEF DISCUSSION IT7_M: COMMISSIONER MILLER DAWKINS ON LEGALIP.' OF ORDINANCES ADLOPTED BY THE CITY COMMISSION FROM 1973 TO THE PRESENT DATE. OFFTCI..L MOTION DEFERRING CONSIDERATION OF SOCIAL SERVICE PROGRAMS FROM FEDERAL REVENUE SHARING FUNDS TO NOVE"EER 4TN. Ai" 'ail`;TINC, >LARTA PRADO TO THE HEALTH FACILITIES .."U71HORIT'. BOARD. APPOI';TI:;G 2AMES RESNICK AS A MEMBER OF THE CITY OF MiA? !I t�KES,TLINC A',D BOXING BOARD. R:SC 'TI0 CRGING U.S. ATTORNEY GENERAL iE `;TON10 *L!LCEO BRIGADE TO REGISTER AS CUBA. M-82-993 82-83 Ord. 9509 R-82-994 84-85 Ord. 9419 85-86 FIRST READ. 87-94 DISCUSSION 95-98 FIRST READ. 98-99 Ord. 9510 99-101 Ord. 9511 102 FIRST READ. 1103 FIRST READ. 104-105 DISCUSSION 105=106 DISCUSSION 06-107 *1-82-995 07-109 M-82-996 09 M-82-997 10 R-82-998 11 MINUTES OF THE REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 28th day of October, 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 9:20 A.M. by Mayor Maurice Ferre with the following members of the Commission found to be present: Commissioner J. L. Plummer, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre ABSENT: Commissioner Demetrio Perez ALSO PRESENT WERE: Howard V. Gary, City Manager Jose Garcia -Pedrosa, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Commissioner Miller J. Dawkins, who then led those present in a pledge of allegiance to the flag. Mayor Ferre: Good morning ladies and gentlemen, this is a regular City Commission meeting. We will be taking up some pocket items when we have a full Commission, in the meantime, we will see if we have any emergencies this morning that may have to be taken out of turn. Let me, for those who have not looked at the Agenda this morning items 18 through 21 have been advertised at 5:00 P.M.. If there are any of you here to be heard on items 18 through 21 they will not be heard until 5:00 P.M. this evening. Items 1 through 17 are scheduled at 9:00 A.M. and items 22 through 30 are scheduled as time permits. Now, before we go into pocket items, and I will go into pocket items as soon as we have a full Commission, I would like to ask if there is anyone here who has an emergency of any kind were something has to be taken out of schedule, Mr. Manager. Mr. Howard V. Gary: I just want to inform you that item No. 9 has been withdrawn by the Administration. Mayor Ferre: Item No.9 is being withdrawn by the Administration, that is, the approval of a substantial change in the use of Fern Isle Park. Now, any of you that are here on item No.9 that has been withdrawn by the Ad- ministration. UPON INQUIRING OF THE AUDIENCE WITH RESPECT TO EMERGENCY ITEMS AHERE THERE WAS A TIME CONSTRAINT, THE MAYOR INDICATED THAT THE CITY COMMISSION WOULD CONSIDER A POCKET ITEM AS REQUESTED BY VICE `�,AYOR JOE CAROLLO, AS WELT. AS ITEMS 30 AND 25. Mayor Ferre: Is there anvbodv else? `1r. .lose Mendez: I am not going to do the presentation, but it's item 28. 'a. `ary is join:; to be here at 10:00 o'clock, she has to be in Washington rternoon, so that is the nature of the emergency. 'Mr. Mendez, let me explain something to you. Item 28 I`:r. net mistar.en is Revenue Sharing, is that correct? Now, item 28 is ne ti:ose itcra loc.=.rl. scheduled. `Ir. :Mendez: That item was dererred at the last meeting for a better under - with 1 oo=_ssioner Dawkins. 01 010;T 2 8 1982 V n Mayor Ferre: I understand, but I want to make sure that I explain to you that there may be others who may want to speak on that particular issue also have the opportunity to do it, ok? Mr. Mendez: No problem. Mayor Ferre: So I have no problem because Alicia Baro has to catch a plane to Washington, but I mean, we may hear other people later on the day. Mr. Plummer: Mr. Mayor, let me ask you a question, it was my understanding that that item was not supposed to be on until November 4th, is that correct? Mayor Ferre: That's my remembrance of it. Mr. Plummer: Mr. Gary, item 28, Federal Revenue Sharing, it was my under- standing from the last meeting that it was not to reappear until November 4th. Mr. Gary: That's not correct, the City Commission instructed me to bring it back at the next Commission meeting, October 28th. Mr. Plummer: I think what happened is that we said bring it back at the next meeting, what we thought was the regular meeting, because, Mr. Gary let me tell you, I'm speaking for one. This day, under the new concept was set aside for Zoning, primarily. Any items of an emergency nature can be put on the agenda. I don't find some of these items under the 5:00 o'clock agenda are emergencies. and I think what we are finding is that we are going back to having too much in too little time and I just think that we should try to stick to our format and on the zoning day we only stick to zoning = Mayor Ferre: All right, here is what we are going to do now. We are going to pick up the emergency pocket item which Commissioner Carollo has, then we are going to pick up 30, then... Mr. Dawkins: Mr. Mayor, I have pocket items also. Mayor Ferre: I have too. Mr. Dawkins: Well, if we are going to do one, let's do them all then. Mayor Ferre: Let me go over the format again. I asked if anybody had an emergency, if you have an emergency and if your pocket item, in your opinion, is an emergency, I will take you up out of order. Now, if it's not an emergency, like mine are not emergencies, then I would ask of you to wait like everybody else. Now, I would hope Carollo's is an honest to goodness emergency and that nobody is taking advantage...I'm trying to accommodate people, that's all. Now, Carollo, can you people wait or is this an emergency? Mr. Carollo: Well, Mr. Mayor, my understanding is that Mr. Tony Varona has to be somewhere very shortly. Mayor Ferro: Well, we all have to be somewhere very shortly, the question is s it an emergency:, then I have no problem. Mr. Carollo: I .:ould like for him to speak on this matter if I can possibly ;et him to speak. Xl:or Ferro: All right, I recoenize you for that purpose. .,UT ICF I.;TEVT: URGE STATE DEPARTMENT TO REQUIRE ANTONIO "._,CEO HRIG:= TO REGISTER AS FOREIGN AGENTS OF COM'fL'NIST CUBA. See lav, r = c-,r malized Resolution 32-993) ?r. Carollo: Mr. Ma•ror, I would like to make a motion to request from the .justice ;epartment of the United States and from the Department of State to n..c cur !--.ws and tj Take the Antonio Maceo Brigade to register themselves �� OCT 2 8 1982 ". ! as foreign agents of Communist Cuba. Mr. Mayor, for quite some time now and it's finally boiling over today, there has been quite a controversy with mem- bers of the Antonio Maceo Brigade whose leaders are financed and led by Com- munist Cuba to undermine this City and our way of life here. As you and the =— other members of the City Commission may be aware of, yesterday, all of us recall, Mr. Tony Varona, of the Junta Patriotica Cubana in their attempt to get a permit for a press conference that was going to be held today by these people. These individuals and their Communist friends' organization, are being financed by Cuba to try to disrupt this community and disrupt any city that they can in this country. Our laws state very clearly that when an individual is working for a Communist country and is receiving any type of reimbursement by a foreign country that that individual or that organization has to register themselves as foreign agents of that country. And my request is for this Com- mission to request of the Justice Department and the State Department of the United States to uphold the law and force these people to register as foreign agents of Communist Cuba so that at least the people of this community and the people of this country can know very clearly who these people are working for and not be fooled by them.. Mayor Ferre: All right, there is a motion on the floor. Mr. Perez: Second. Mavor Ferre: It's been seconded. All right, you wanted Mr. Tony de Varona to speak. Mr. Carollo: I would like to call Mr. Tony de Varona and Mr. Jorge Mas, who is also here, to speak on that. Mayor Ferre: All right. Mr. de Varona, we are always honored to have you here, a distinguished member of the Government during the days of Republican Cuba and certainly has been a strength of the exiled community during the past 20 years. We are always honored with your presence, sir. Mr. Julio Estorino: My name is Julio Estorino, I am the Vice President of the Cuban Patriotic Council, of which Mr. Varona is the President, and my address is 2805 ti.W. llth St. The Antonio Maceo Brigade which is supposed to hold the press conference this morning at a hotel in Downtown Miami, is an organization financed and directed by the government of Cuba. They recruit young people here in the States, they bring them to Cuba supposedly for vacation and what they really do is train them in all kinds of guerilla warfare. The government of Cuba has been accused even by the Vice President of the United States as being in- volved in the international drug trafficking and these people, who are acting on be- half of Fidel Castro and the Cuban government, are also responsible for many of the tensions created in this community between the different communities that live in this Citv. There is even a strong suspicion that some, or many I should say, of the explosives that were planted here in the United States on many occasions that have been blamed on anti -Castro groups have really been taken ad- vantage of by pro -Castro people trying to create this kind of conflict here. Anyhow, these people promote Communism, they serve the government of Cuba and they are trying to undermine this community. And that's why we would like for the Commission and that's why we request from them to approve this motion by Commissioner Carollo forcing these people to register as foreign agents in the United States. Now, I would like to thank the Commission, especially Commissioner Carollo, thank you very much. Mayor Ferre: all right, Mr. Mas, would you like to address this Commission on this? Before Mr. Mas speaks let me also say that I don't know of any other per- son in the twenty some odd years of the Cuban exile who has without political or personal ambition, or without any axes to grind personally, done a better job of bringing together in a very honest and forthright way Cubans in this com- munity. Mr. Mas came here without a cent in his pocket. He was a milkman, for m-any, many years, getting up at 4:00 A.M. every morning to go deliver milk, probably in vour neighborhoods and he needed to do that because he needed to have enough money to have two jobs, he couldn't sustain his family. He was mil; an early in the morning and they went to his other job. Eventuallv he went into the construction business and slowly worked his way up and today his :.r-n hires over 500 people, he is a man of substantial personal wealth, he's it all by himself in this great country of ours which permits people to do that and he has taken of his time, and he spends a lot of time doing this, trying to improve the wellbeing of the community as a whole and in this Cuban -American _o: unity. And any ti.:.e he walks into any place, as Far as I'm concerned, we are always honored to have you here, Mr. Mas. 03 0CT 2 0 I C,C2 F 1W ko i Mr. Jorge Mas: Thank you very much, Mr. Mayor. I'm here for another subject this morning, I hope you haven't prejudiced the other members of the Commission, but I'm delighted to speak on this item which is very close to my heart. The Brigade Antonio Maceo is just an organization which is serving as a front for Fidel Castro in this country. He has disturbed the peace not only of Miami but many cities throughout the United States including New York. The Brigade An- tonio Maceo has activities in the city of New York together with the Center for Cuban Studies, is the biggest front and the biggest lobbyist group sustained and paid by the Castro Regime to undermine the freedom and liberties of this country. I think that what the Antonio Maceo Brigade called for yesterday was very unnecessary and provocative. Called a press conference, right in the City of Miami, with an approximate 700,000 or 800,000 anti -Castro Cubans, just to expose the points of view that we hear every day from Castro, through the waves of radio Habana and all those Cuban stations which are heard in Miami, I think that is a very unnecessary act, I think it is a provocative one. It is just a way to confront the Cuban -American community here who have very strong views regarding Castro, to expose their point of view and to affront all of us. So I welcome this initiative, I think we should call the attention of the Justice Department and that those people should be registered as agents of a for- eign government, of the Castro government. As a member of the Presidential Com- mission of Radio Broadcasting to Cuba, I have been very active in Washington for the establishment of Radio Marti and I have been a witness of how those members of this Brigade Antonio Maceo have been in effect lobbying in the Capitol, in the offices of the Senators and the Representatives on behalf of Fidel Castro so Radio Marti would not be created. One of their members, served as a witness in the Foreign Relations Committe of the U.S. Senate, so I think this is very timely and I thank you, Commissioner Carollo, for that initiative and Mayor Ferre, I thank you very much for your words, Mayor, I don't doserve them, it's just the system and the tremendous people that we have in this City and in this country who have allowed us the opportunity to grow up here, toge- ther with you, and this is what all of us Cubans are looking for, to strengthen our Cuban American community, to learn with you and to make this a much better place where to live together. Thank you. Mavor Ferre: Thank you. Anv other discussion on the motion as made. Will the Clerk read the motion again, please'. Mr. Ongie: To request the Justice Department and the State Department to uphold the laws of our country and force the Antonio Maceo Brigade to register as foreign agents of communist Cuba so that the persons of this community and this country will not be fooled by their activities. Mayor Ferre: Further discussion on the item, call the roll. T??EREUPON, The Citv Commission, on motion duly made by Commissioner Joe Carollo and seconded by Commissioner Demetrio Perez, passed and adopted the hereinabove motion by the following vote: AYES: Commissioner *filler J. Dawkins** Commissioner J. L. Plummer Commissioner Demetrio Perez* Vice Mavor Joe Carollo "favor Maurice A. Ferre -NOES: None. ABSENT: None. (NOTE: See formalizing Resolution No.82-998, later on, this sage m eetinz. L fin`:';TS Mi-'= DUR1';G ROLL CALL: I'm ver,: proud seconding this motion. And also, Mr. Mayor, after this vote, 1 wculd like to ask the Citv Attorney to make a research of this ma t:er in order that we may take a strong position on this issue, r. ":.,.r;'::s: ir.: aware of what was said about this organization attempting _:n� the Black community in Liberty City. And what he said true, we are aware gut, we've been sophisticated enough not to fall for .st , s o, 4 I would like to request from the :Manager that the 04 OCT2 a 1982 0 L Chief of Police provide me with any information that they have gathered on this organization so I can be more informed, please. Mayor Ferre: All right, item 30. Mr. Carollo: Mr. Mayor, if I could say just a few more words on this matter before we close it. And for the benefit of some of the people who are going to be writing tomorrow morning attacking all of us here. It might be asked, well, what is the Miami City Commission doing getting involved in an issue such as this'. Well, I'll tell you, for each of us elected, the main responsi- bility that we took upon ourselves when we took office was to protect life and property in the City. This organization whose main goal is to destroy our way of life, destroy our tystem here and to help an animal who is 90 miles away from Key West try to accomplish his goals to destroy us. I think that what this Commission has done today is not only a service to this com- munitv, is not only following the wishes of the majority of the people in this community, but at the same time, we've done a great service to this country. What this group has done is they have perpetrated, some of their key members are being directed by the KGB and DGI members in Cuba and to key spots through- out the country, mainly universities, and there they have recruited young people, many of them individuals who are very weak minded and have used these people. The Communist government of Cuba pays their way over there if they don't have the money to get there, and when they get there, food,, lodging, and everything else is paid. If this happens. It just happens, and I want to bring this out, because I know what the Miami Herald is going to be doing on this tomorrow. If there is anything that this Commission does to defend this country and to stand up for the ideas that our Forefathers had, they'll attack us, but if there is anything to defend Communist countries, then they praise it. The best example that I could give right here today, of how these people have been able put some of their people in key spots, is an individual that we have right here today. He is the gentleman with the Marxist -type beard over there that writes for the Herald, Mr. Ricardo Zaldivar, as he calls him- self today, Mr. Zaldivar was a member of this Communist Brigade. He went there, to Cuba, from December 1977 to January of 1978 and spent almost a month there. The Communist government of Cuba paid all his stay along with the other members of that group that went to Cuba that time. They had the opportunitv to meet with Fidel Castro for over four hours, personally shake his hand, talk to him much closer than anv of you are sitting from me right nu,., just feet away from him, and through the whole time they were there the Communist government of Cuba made films, took pictures, after they left Cuba -there was this huge surge of propaganda of how these young people from America despised our way of life and praised Communism. Well. when I started to bring out Mr. Zaldivar's background, I was attacked -by another one of his colleagues in the naner, a guv by the name of Roberto Fabricio. Mr. Fabricio stated in his column•that Mr. Zaldivar had made a mistake, that the minute he came back from Cuba he realized what a hell that was. well, that's funny what a mistake he made, especially, since my files are about this big of the Antonio Maceo Brigade. Some 15 months later, when he left Cuba as one of the main writers in full support for the newspaper of the Antonio Maceo Brigade, Mr. Zaldivar was a writer there, and during all that time he didn't use the name Zaldivar there, he starting using it when he ca:,e to write for the Herald. The name that he used was Ricardo :;lor,so, which is his real name, his father's name. Zaldivar happens to be his mother's name, funny how he didn't want to use that name when he got over here to ,-rite ror the Herald. But the point that I am trying to make is that it is very easy to say -well, Communists are something from the past)McCarthvism. Well, ladies and gentlemen, this is something that is very much a reality and if we don't rake up and we don't face these people up front, our way of life is going tc be lost. And the Ricardo Alonso's of the world will be the ones that are ;,ping to be running; our cities when we lose our wav of life. I:; ?RINCIPLE PLA:, FOR PFLOCATION OF APPROACH TO THE NEW ':I y.-MI :i': LNUZ BRIDGE. 11 ri ;c, we are now cn item 30. Is there anyone here for item :ct,rne: ':,vre for item 30, please? Would you step forward, don't ti:�e to lose. OCT 63 1982 Mr. James Reid: Mr. Mayor, I want to rove this item along, shall I speak first and explain the memorandum that went to the Commission very quickly? Basically, what we are talking about here, is the City assisting the State. We've been requested by the State to assist them in the relocation of S.E. 4th Street in order to more expeditiously permit the construction of the new Miami Avenue Bridge. As you know, the Miami Avenue Bridge was closed down in January of 1980. We hope that it will be open in July of 1985 because this is really a key artery for the City. Now, what we wanted to do and what the Commission...Commissioner Plummer has said on many occa- sions - don't tell us at the end of the process, tell us at the beginning where you are headed, so what we want to do is lay out for you the process that we want to follow on the closing of this S.E. 4th Street so that if there were problems we could deal with them nd deal with the Commission's concerns at the same time. Basically what we are talking about is moving S.E. 4th Street from its current alignment to a more northerly alignment that permits better geometry in terms of access to the bridge. This is something the State of Florida wants to do. They are either going to do this through negotiation or they are going to do it thr-•sgh condemnation and they have been working with the property owner cooper<'_ively to accomplish this through negotiation and the process that I laid out in my memorandum in which the property owner and the State are here to proffer on the record what they intend to do and put it into legally binding documents, that's what I want to describe to you. Basically, in terms of relocation of S.E. 4th, the way it would be accom- plished is the property owner would proffer a tentative plat to the City which shows the closing of the street in between his property and would show the dedication of a new street as part of the plat. We feel that that will benefit the State because it means that they don't have to go to con- demnation on this process, it benefits the property owner because it consol- idates his parcels. To protect the City's interest, and what we are looking at in evaluating what would the City need to be protected of in the future, we would be asking the property owner, at the same time, to dedicate an easement for the Riverwalk so the Riverwalk could go all the way from the Convention Center eventually to the Miami Avenue Bridge and that would be done at this time and dedicate an easement for the downtown component of Metrorail. Mayor Ferre: And there is also an easement on the Riverwalk. ,.r. Reid: The Riverwalk, the downtown component of Metro --ail and, of course, the equivalent right-of-way. What we want the State to proffer on the record, and this again will part of a legally binding document, that the State will hold the City harmless should there be any utility relocation. There are utilities in the street now, we don't want somebody coming back later and saying, "Well, the City wanted to close the street and they're responsible for the utilities". We want that to be on the record. So this tentative plat was filed under those conditions, the State would proffer on the record and in writing to us their responsibility for the utilities. The Commission would first take up the street closing and then the final plat. When the final plat comes before the Commission we would concurrently ask for the, and it would approve the dedication right-of-way, ask for the transfer to t-e State of any right-of-way. So basically that is the process we're talk- inq ab_;. The property owner filing a tentative plat..... Ferro: :rcw let me understand this. The State, and that's the State's .us�r,c.ss, they will obviously compensate Mr. Codina somehow, there is some kin-.! :.'_ comnensati3n. :oing cn. And then as far as the City is concerned we're :i,ld harmless by the State of any utilities that have to be moved. We ar? ,iven the right-of-way for the People Mover, the right-of-way for ^?.-ver4Yalk and a replat cn the property, is that it? "'.r. ___. That's t, and the replat is going to incorporate the dedica- ,n. -asements for _`ie two rights -of -way. I c'er_e: .s _.:e administration recor nending it: s :ear from Mr. Gocd?r,. ;ht. mz. Goodknight? wan ..... 'rcperty owner an.. !-Ir. Goodknight. :et t:, each one following your memo. 06 0.� T 2 8 1982 Mr. John Goodknight: Mr. Mayor and Commissioners, thank you so much for assisting our schedule. We're here, as Jim has indicated, to to request your assistance in working out this right-of-way issue. As Jim has indi- cated, the Department has prepared to causo the relocation of the utilit- ies in the property to be vacated at no cost to the City. The right -of- _ way for Miami Avenue Bridge is under acquisition, it is a substantial dollar issue, we have made a tentative arrangement with the property owner to sim- ply exchange rights -of -way so that we would not incur the condemnation cost. Mayor Ferre: So you're in favor of this I assume. Mr. Goodknight: Yes, we are, we're coming to you really as a request from the Department of Transportation for the City's assistance in helping this right-of-way change occur. Mayor Ferre: Okay. And it has the Manager's recommendation? And you're willing to hold the City harmless for utilities? Mr. Goodnight: Yes, that's correct. Mayor Ferre: All right, let's hear from the property owner. All right, these things, the memorandum dated October 22, Item 30, a memorandum from Jim Reid to the Manager, as he's outlined, these are the things you're will- ing to do, is that correct? Mr. Stephen Massey: That's correct. My name is Stephen Massey and I'm associated with Armando Codina who is the property owner here. I would just like to say a couple of things and I'd like to amplify what Dr. Good - knight said and that is that this is something the State has approached us with and Mr. Codina originally, approximately two years ago when this whole process started, opted to try to work with the State to go through this exchange process rather than force them to o through condemnation p g g. proceed- ings which would be a very timely and costly process. The process has taken suite some time, a lot longer than we had ever anticipated but we're still hopeful of coming through and trying to work the thing out to every- one's benefit. Mayor Ferre: Mr. Massey, give us the bottom line because we need to move along and we've taken you out to turn to accomodate Mr. Goodknight so tell us yes..... Mr. Massey: The bottom line is that we're interested, we have pretty much made an agreement with the City, in our opinion giving the easement at this time, giving the easement for the People Mover and for the Riverwalk at this time is really premature, it is really something that is done in a development stage. We're not in a development stage because we have been ascertain as to what the property is going to look for the last two years but we're still willing to do it at this stage even though we feel that that may, you know, compromise our position.... Mayor Ferre: Obviously, we're going to be reasonable, if you've been as generous as all that, when you start developing and you say you need to move it five feet or need to do something we're going to go to bat, is that right, Mr. Goodknight, Dr. Goodnight? And I'm sure the State will also be as accomodating, and Mr. Manager, the City will go out of its way. we're not going to be arbitrary, if you're being nice to us when it comes time f'or you to develop that property we're going to help you as much as we can. ',:r. '-Iassey: -We certainly appreciate that. One final note, I'd like to =hank the Downtown Development Authority for its help in this matter in br_ncing us all together and trying to get this matter resolved. Thank _ ver., much. Ferre: Al! rig ,:estions frcm the Coa:mission? All right, is _ _..,_. e a motion by Pl,= ner, seconded by Carollo. _ . _..n approval in principle of what you have _a__ t:e roll, ?'ease. 07 0 uT 2 8 1982 The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION No. 82-974 A MOTION TO APPROVE IN PRINCIPLE A PLAN FOR THE RELOCATION OF THE S.E. 4TH STREET APPROACH TO THE NEW MIAMI AVENUE BRIDGE NORTHERLY TO A NEW ALIGNMENT PARALLEL TO THE I-95 CONNECTOR. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. 3. DISCUSSION AND TEIMPORARY DEFERRAL OF ZONING AND PLANNING FEES. Mr. Stanley B. Price: Good morning once again, Stanley B. Price of the law firm of Fine, Jacobson and Block. We are here to hopefully correct an over- sight which is in your Zoning Code in terms of what happens when a developer has a zoning ordinance declared unconstitutional or remanded by the Circuit Court who wants to submit the identical or substantially similar plan to this board for consideration. In my particular instance, my client was victimized by a PAD ordinance of the City being declared unconstitutional on a parcel of property totally unrelated to his own. As such, the financial lenders from New York has asked him to rectify the situation by filing for the necessary zoning approvals. The plan which has won praise, and even Janet Cooper did not object to this plan, we'd like to submit back to this board and we'd like to do so in terms of equity in terms of the fee to be submitted to the board. Ms. Pl,.x=er: How much money are you talking about? mr. Price: The other fee, Commissioner, was approximately $21,000 plus advertising. Mayor Ferre: We've got a problem, and Mr. Manager, thank you for bringing it to my attention. Janet Cooper has come before these microphones and insisted that we afford her the courtesy of her being present when this is iscussed. She is entitled to that. Mr. T. have no problem with that, Mr. Mayor. M.uyor Ferre: I':n sorry, I know you have other things to do but if you could get alsold of Janet Cooper and see if you and she agrees to when she pan be down here so you can go along with your appointments. I apologize, hcpe we don't :hake you wait until 5 O'Clock again today. X-. _ri_e: well, _ don't mind waiting until 5 if I come back at 5. M-, r _'erre: Yes, we!-', wry don't you arrange a proper time between you and _..: then we'i_ :a,e you up at that time. All right? 08 0#-A G 1 2 8 1982 i 11 4. GRANT REQUEST AIM ALLOCATE $1,000 FOR PAYMENT OF FEE FOR USE OF BAYFRONT PARK AUDITORIUti BY CONCERNED SENIORS OF DADE COUNTY. Mr, Perez: Mr. Mayor, Mr. Thomas Diego, they are requesting the use of Bayfront Park Auditorium free of charge for their fifth annual convention on November 18th. Mayor Ferre: You're not with Alpha 66, are you? You're not a senior citizen are you? Mr. Joe Massanet: My name is Joe Massanet, President of Concerned Seniors of Dade County. Now, we have a large seniors organization and also handi- capped people. We have 70 groups and that roughly is around 30,000 to 32,000 members right in town. Now, we have worked hard for ever cent we get and it is sure easy to spend it. we would like your consideration being we are a non-profit organization and working for the benefit of the seniors of this County and this City... Mayor Ferre: Sir, what is it you want? We've got a lot of people waiting on scheduled items. You're not scheduled. What is it you want? Mr. Massanet: Thank you. We would like to have the use of the Bayfront Auditorium from about 1 O'Clock to 4 O'Clock on November 18th, we'd like to have that free of charge to help us out financially. Mayor Ferre: And what is the purpose of the meeting? Mr. Massanet: The purpose of the meeting is the groups come from all over to meet once a year at an annual convention to bring up new issues and to report progress cn issues we have been working on during the year. Mayor Ferre: What is the name of the organization? Mr. Massanet: Concerned Seniors of Dade County. Mr. Perez: I would like to move that we ask the administration how much :t will be in order that we can find the funds.... Mayor Ferre: Mr. Manager, the question from Commissioner Perez is since we can't expend waivers we have to make a financial contribution and then they have to pay. How much would be the financial contribution so that they could use that free of charge? Ms. Gary: That is approximately 800 to $1,000, so I would say $1,000. Mayor Ferre: All right, is there a motion? Mz- Pere:. :Hove _t. ur. _Iawkins: Secon;.. Mayor Ferre:"' All right, it has been moved and seconded. Further discussion? the roll. h& follcwing :notion was introduced by Commissioner Perez who moved its MOTION 140. 82-975 A REQUEST MALE BY"CCNCERh7ED SENIORS OF DADE r^?ZING AND DIRECTING THE CITY MANAGER TO ALLO- ! ^, = TO EXCrED $1,000 FOR PAYMENT FOR USE OF ...... ?: , CRI'"M BY TY.E AFORESAID ORGANIZATION ON NOVEM- 7_ ; THE POURS OF 1:00 P.M. AND 4:00 P.M. x _ ...�=_,ssicner Dawkins, the :notion was passed and 09 OCT 2 8 1982 to AYE'S: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. 0 5. SECOND READING ORD.: CHANGE ZONING CLASSIFICATION, 561 N.E. 62 STREET from R-C TO C-1 Mayor Ferre: We're now on Item 41 which is a change of zoning of approximately 581 N.E. 62 Street from R-C to C-1 and it was passed on First Reading and this is the Second Reading. Is there anybody here who wishes to speak to Item.... All right, now let's proceed. Go ahead, Mr. Whipple. _ Mr. Richard Whipple: Mr. Mayor, this is, as you mentioned, Second Reading, this was an omission when we processed the original zoning in the SPD-3 in this area, we left out this one lot and this is just to clean it up. - Mayor Ferre: Is there anybody here who is an objector to this item? Does anybody wish to be heard on Item #1? If not, Commissioner Perez moves, Commis- sioner Plummer seconds. Further discussion on Item #1? Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE CO'M?REHENSIVE ZCNING ORDINANCE FOR THE CITY OF MIA:*!I, BY CHA:4G:NG THE ZCNING CLASSIFICATION OF THE AREA :JC'CATED APPROXIMATELY AT 581 NORTHEAST 62ND STREET, ALSO DESCRIBED AS LOT 16, BLOCK 10, NORTHGATE (8-88), FROM R-C (RESIDENTIAL-CFFICE) TO C-1 (LOCAL COMMERCIAL); AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DIS- TRICT 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 A14D CONTAINING A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September 23, was taken up for its second and final reading by title and adoption. On motion of -ornnissioner 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: :' Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Cc:4missioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre Attorney read the ordinance into the public record and announced s;a_ai<<, to the members of the City Commission and to the 10 OCT 2 8 198, 10, 6. SECOND READING ORD.: CHANGE ZONING CLASSIFICATION. IN.W. 3RD COURT, N.W. 22 LANE, N.W. 5TH AVENUE, N.W. 22ND STREET FROM R-4 AND C-5 TO I-1. Mr. Whipple: Mr. Mayor, this is for an industrial plant, an industrial park which the City and various agencies have coordinated with the property owners to provide a new industrial park in this area. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF THE AREA APPROXIMATELY BOUNDED BY NORTHWEST 3RD COURT, A LINE 86' + NORTH OF AND PARALLEL TO NORTHWEST 22ND LANE, NORTHWEST STH AVENUE AND NORTHWEST 22ND STREET, ALSO DESCRIBED AS THE WEST 5' OF LOT 12, BLOCK 1 AND ALL OF BLOCKS 2 AND 3, AND LOT 11, BLOCK 4, WEAVER FIRST ADDITION (UNRECORDED PLAT), AND LOT 11, BLOCK 1 AND BLOCKS 2 AND 3 WEAVER SUB (6-31) AND BLOCKS C AND D, J.A. DANNS SECOND ADD.(3-25), FROM R-4 (MEDIUM DENSITY MULTIPLE) AND C-5 (LIBERAL COMMERCIAL) TO I-1 (LIGHT INDUSTRIAL), ALL AS PER TENTATIVE PLAT #1152-A, "MIAMI FASHICN CENTER SECTION 1"; 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; 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 September 23, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Perez, the Ordinance was thereupon civen its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. ',lice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABS E`:T: :done. HE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9506. T`:e,y Attorney read the ordinance into the public record and announced _ at ccc;eswere available to the members of the City Commission and to the 11 OAT 0 ? 1982 7. FIRST READING ORD.: SPD COCONUT G:ICVE SPECIAL CO14SERVATION OVEF'.LAY DISTRICT AFTER SPD-6 BY ADDING A NEW AIRTICLE XXI-9 SPD-7. Mayor Ferre: Take up Item #3. This amends ordinance 6871, Article III, Zoning Districts by adding SPD-7, Coconut Grove Special Conservation Overlay District over SPD-6 and by adding a new Article XXI-9, SPD-7. Now, this went before the Planning Department and the Department recommended approval. The Planning Advisory Board recommended approval, as amended by 7 to 0, There were 83 objectors, 62 replies in favor and 32 opponents were present at the previous meeting and there were 15 proponents present. I assume that most of you that are here today are here today are here on these series of items. First of all, those that are in favor of it raise your hands so we get that over with. All right, now, lower your hands. Thank you. Those that are opposed, raise your hands, those that are opposed. Are there any opponents here who wish to speak on this item? Are there any opponents who wish to be heard on this item? All right, Mr. Luft., you can proceed. Mr. Jack Luft: Mr. Mayor and members of the Commission, this is a Special Overlay District designed to preserve one of Coconut Grove's lesser known but one of its most important historic structures, the Gifford Home at 27th Avenue and Abaco. The district does three things. It increases the Floor Area Ratio to 1.0 consistent with the base FAR along 27th Avenue all the way to the transit station and it provides for a bonus of .25 for preserving a historic structure. It permits a reduced side and rear yard area to allow a new office building to fit around the existing historic house. The orig- inal 5 feet which was in the first ordinance was amended by the PAB to a 10 foot setback which we are recommending here. And thirdly, it allows for adjustment of the parking ratio for compact cars. In exchange for these incentives the developer agrees to abide by all City Historic Preservation Laws and reviews. We are recommending this ordinance as a responsible and fair trade off between the rights of the property owner and the benefits to the public of historic preservation. Thank you. Mr. Dawkins: What is meant by "parking may include two-thirds compact spaces"? Mx. Luft: :n our current parking ordinance, we normally allow up to 40% of all parking spaces to be smaller in size for compact cars. What we're doing here is increasing the percentage of total spaces that can be reduced in size for compact cars. This is a measure to insure that we have more than adequate parking on the site to avoid any additional parking overflow onto the side streets. .1r. Dawkins: Okay, now, this is where I need a little clearance. We are gcinc to reduce the average parking space to accomodate a compact car and yet you tell me that I'm going to create more parking? Hr. That's right, given the same size parking area you can paint lines in there either 9 feet apart or 7� feet apart. Xr. Dawkins: Okay, let me ask you a question then. How many compact cars ,cu get in a regular two car space? Mr. Two cor.pact Cars. Dawkins. 2Jow new .;gar, =.:11 s_zec cars can you get into two compact sr _ _ creating more space. That we're doing is saying spaces which we are not. '_arce cars that would be the case. based upon cur experience with the zuT.bers r went' . : arking i.. _ rcfessicnal buildings of 12 0CT 2 8 1982 this nature. We are conf'dent that this is a responsible and fair ratio to accomodate the realistic needs.... Mr. Dawkins: And the administration recommends this? Mr. Luft: Yes. Mr. Dawkins: Move it. Mr. Carollo: Second. Mayor Ferre: Well, I think some of the proponents but I will recognize that as a motion for approval as amended with a second. All right? Mr. Tom Carlos: Mr. Mayor, my name is Tom Carlos and I am identified with the property in that the property owner, Alfred Browning Parking who is the present owner has contracted to sell that property to myself and Mr. Jorge Mas-Canosa for development. I realize we don't have objectors and you have a busy agenda and I'm going to keep it very very brief. We have..... I've been at it 6 months, Mr. Manager, and I've been working with all your depart- ments, you're going...... I will address the one issue. In the original application that was submitted after several workouts with the Planning Department and Mr. Luft the original application went in with a 5 foot build- ing and side yard setback. our plans, and I would like to have introduced just as a matter for the record the site plan on this property and allow our architect to..... Mayor Ferre: Five feet versus how much? Mr. Carlos: The ten feet that is presently in this ordinance that came out of the PAB Mayor Ferre: Okay. Mr. Carlos: As a result of trying to save the existing building, the building that we are proposing to build is within an envelope and in order to provide the parking spaces that are required and the amenities that are required with a new building a five foot setback is the most that we can accomodate. A ten foot setback wipes out approximately 50% of the parking. To do that takes apart the whole process that we have created with the Planning Department and their original recommendation. I don't think the PAB deliberated properly on that particular issue. I would like to turn over to Mr. Boscoe who is our professional on this :natter so that he can point out to you what effect the ten foot setback has on this particular project and would request that you amend the ordinance that you have moved to reflect a five foot building and side yard setback as opposed to the ten that is in the application submitted by the Planning Department. Mayor Ferre: Go ahead. Into the microphone, please. There is a portable :Hike if you need to move around, it is on the dais there, grab the portable mike and then you can move all over the room if you want. Mr. Robin Bosco: My name is Robin Bosco, the firm of Robin Bosco Architects and Planners in Miami. As Mr. Carlos said, in the various meetings that we started this process in working with the City to develop the plan that would allow the existing house to remain and accomodate the new structure the one issue that is critical is this five foot side and rear yard setback. I've cot a blow-up of the property that represents, the dark area is the existing .ruse that ,s going to be retained. The gray shaded area is the balance of t`:e property that will remain in landscaping and the white area is the park - Configuration we have, :t is a two level situation. As you see, this :are: line represents the modified requested ten foot side and rear yard set You can see where we're critical in our dimensioning here and here +: rile existing house where we have no relief, we have nowhere to go. If Wl- csC at five additional feet on each side we're clipping out 26 cars !:'40 levels th.at cannot be accomodated antwhere else on the site. So basic - we ':!ed tc explain it was not an arbitrary setback of a building, it zof ..nat ex,_sting hcuse and trying to :Hake the structure relate �sr� s • '�, :id .:e to : oint out that the original application as Department with their recommendations to the PAB =cc.t -sar and building setback. The Planning Department �r=ble:-.s a,:h that in terms of the plan that we had and . of leg __ ng tie PAB' s recommendations. ..... Excuse 13 oc 1 2 3 1982 14 %A ,'Mayor Ferre: I think we understand the issue, let's see the Planning Department's recommendation and then I'll come back to you and you can recognize somebody else. Mr. Luft: A compromise on this measure would be to allow the underground parking and the first level of parking to set at the five foot with the building above that going up forty-five feet to have the additional five foot setback. Mayor Ferre: Is that acceptable to you? That solves the problem then, in other words we will permit it on the ground floor but not in the build- ing so that the building will not be that close to the street. Mr. Carlos: Mr. Mayor, if you change the ten to a five the ordinance al- ready has by our agreement and by review of the Urban Development Review Board, there are two formulas that they have, one is the building mass is at a height of 45 feet and then it will be a straight up wall five foot off the property. To give flexibility to the designer and the Urban Develop- ment Review Board, there is a possibility that they will ask that the build- ing be set somewhere at 60 feet, an additional floor, at that point then there will be a stepped back setback on that building which is already in the ordinance and which is acceptable to us. But in order to accomplish ~Mayor Ferre: Is the answer yes or no? Mr. Carlos: We need the five foot setback. Mayor Ferre: Let me put it to you this way. we're not at the stage where we're deciding whether or not you're going to get another floor. From my point of view Coconut Grove has a very special character and those streets are very narrow and what have you. I think you've got to have some kind of a setback on that building and five feet may not seem like a lot but when that whole place gets developed, and believe me it is going to be developed in the next ten years, I think we're going to need that kind of a breathing space. I would rather give you another floor, Okay, to accomplish the abil- ity, for you to get the same square footage but for God's sakes don't put that thing five foot away from the street. Mr. Carlos: Mr. Mayor, we agree with you and that is provided for in the ordinance, however, if we don't hold one alternative at five foot no one will use the other alternative so we should have the five foot which orig- inally went in as the standard and then when we go before the Urban Develop- ment Review Board if they take both of these standards into consideration and then they have us step back then that will be acceptable. Mayor Ferre: As far as I'm concerned I'm willing to vote for this thing, I've got no problems with it, my vote is for a ten foot setback and you can have an extra floor and you have my commitment that I'll vote for an extra floor whenever you come back but I don't want that to be in doubt. This is just one person. Mr. Carlos: Mr. Mayor, we've gone over this and as I've indicated I think your ultimate objective will be achieved but it will be achieved only if we cut in this ordinance the five foot setback. M-r. Luft: Mr. Carlos' principle problem, as he has pointed out, is the parking. By permitting the parking below and the first level to be set at five feat from the property line and the building above that to be set ha:k a minimum of ten feet I think would accomplish the substantial por- trcri of the PAB's concerns and the citizens that appeared and it would _ recognize Mr. Carlos' principle problem with getting his parking in. He •«c,.il_1 have to do that anyway if he went to 60 feet but this ordinance, Iris amendment would simply say even at the 45 foot level he would have tC. ::ave ..is buildinc back ten feet. erre: that the recommendation of the administration? +-1. _ _ _ . :t wc.ul_ Le my recommendation. ___ _ . ;e.._ , _' � act asking your recommendation, is that the ad:-..in- `rti . hr:_ ;e. :es, Sir. .:_re: _ see you kind of anxious to say something. Why don't 14 OCT 2 A1982 you come on up and tell us what you think about all of this. I know you are an interested party but I respect your opinion. Mr. Perez: Could I ask, Mr. Mayor, why the Planning Department changed the original commitment of five foot? Mayor Ferre: Mr. Luft, you've got a question from Commissioner Perez. Why did the Planning Department change its original commitment of five feet? Mr. Luft: We were originally told that the abutting property owners had no objection to the design, the proposal that was originally presented with a five foot setback. At the public hearing it came out that that was not the case, that there was a great deal of concern about the five foot setback. After a lengthy discussion the PAB concluded and we concurred that a ten foot would go a long way toward alleviating the concerns of the abutting property owners. Mr. Perez: Let me point out something, Mr. Mayor. I think it is very im- portant that we try to pay some kind of consideration to the fact that these people are trying to preserve a historic property in that area and I think that they deserve some kind of bonus, some kind of incentive. I completely, as you explained your position, i am completely in favor of the five foot setback. Mr. Carollo: Well, to the best that I can understand it, and the Planning Department please correct me if I'm wrong, they wouldn't have this problem if they weren't trying to preserve what is there already. Mr. Luft: We are giving them what we feel are substantial bonuses in Floor Area Ratio and adjustments on the parking, the setback even at the 10 feet is a reduction of the required setback. We feel that that is already going a substantial distance to rive them an advantage to protect that structure. Mayor Ferre: In other words they have bonuses that have already been granted. Mr. Luft: :hey have bonuses, they have reduced setbacks even with the ten feet and parking advantages. Mayor Ferre: In other words the requirements are more than ten feet setbacks. Mr. Luft: :twenty foot in the rear yard and..... Mayor Ferre: 5o in other words they've gone from twenty to ten and to go to five, and you're willing to concede the five provided it is only for park- ing and not to put up a building. You know, enough is enough. Mr. Parker? Mr. Alfred Browning Parker: Mr. Mayor, I'll try not to make Tom Carlos' mistake, Mayor o: Miami, Commissioners of the City of Miami and City Manager, have lived on that area either the site we're talking about or across the street for over a third of a century so I'm well acquainted with the histor- ical nature. _ might say without introducing anyone that Dr. Gifford's daughter is here and three of his grandchildren, Mrs. Gifford is not here, she is pushing up over 90 and somewhere towards 100 which she doesn't reveal to anyone. incidentally, she was formally tax assessor for the City of Coconut Srcve in 1921 and 1922. I mention these things simply to indicate that this ;-s truly a historical site, one that in my opinion is well deserved of rrctection and I won't belabor that point. I would also like to say that I ave great confidence in both Tom Carlos and Mr. Mas who �eveioping this property and I would also like to add that in respect to ive feet, in order to preserve the house, in order to preserve the .•e�, we are setting back from 27th Avenue and from Abaco Avenue a great e. :. more than is necessa rf. But to do that on one side, and incidentally, sice is bounded by a dentist, Don Smith, who has expressed no objection, _..._ wculd be ::ere this mcrni ng except he's filling teeth and that five feet �: ; ~o a1;ow ::romper parking and it seers to me, looking at it quite -:3: ;::e suncestion from Jack Luft to allow the parking on the tie-c:: le, e, tc co within five feet of the line and the remainder :ease ten feet away is an admirable solution and a�� _ Z1t wcrd. Thank you very much. Mayor, -Just a few words. When we contracted with I never really thought myself to preserve 15 c� = t ��s2 that house then when I talked to Mr. Parker and Mr. Carlos and saw the historical value of the property, as a conscientious investor and developer in this town, we thought that we should go an extra mile to try to pre- serve this property. If you see where that property is located, right in the middle of the lot, and at the same time we're trying to save all the trees around. We really reed to get some extra bonuses from the City, it will make some common sense for the money that we're investing in this property and the return that we as investors and developers are requesting. We are not asking for anything that is not there, if we could have decided to demolish the property we would have never come to the City here, we would have built that building in accordance with the prevailing City ordinances. But that is what I always hate, to cut deals with the City and all that because the original agreement with Planning Department was the five foot setback then all of a sudden the PAB came out with the ten foot setback which really kills the whole purpose of what we agreed upon with Mr. Parker, the Planning Department and the neighbors in that area there. Mr. Carlos and Mr. Parker have made an honest effort in talking to everyone involved in that area and explaining to them what our pur- poses are. So we urge, and I'm urging you and the Commissioners to approve what was originally recommended by the Planning Department and our original agreement with the Planning Department which was the five foot setback. Mayor Ferre: Anything else? Does anybody else want to speak on this? All right, come up, give your names to the Clerk, the first lady can speak and the others, would you please give your names to the Clerk. I think I already have one name, George Elliott Peck. All right, go ahead. Ms. Jean Barry: Good morning, My name is Jean Barry. I have property at 3000 and 3006 Aviation. With all that is going on here I was not going to say anything this morning but finally now I feel that I should, as a con- cerned resident and owner in this area. For many years 27th Avenue has not been an area that I think any of us could stand up and say that we're proud of. I think it is time that we all realize that this is a business area and what we want to do is bring in quality and first class building projects, corporations, firms into our area. I have never really told anyone that I live right off 27th avenue, I say that I live in North Grove. But I would like very much to bring some dignity and quality to 27th Avenue. I think if we all use good Judgement which you Commissioners and you, Mayor, usually do, and the rest of the area, the residents in that area, if we decide that we want class and quality on 27th Avenue you're going to have to make some concessions to people like Mr. Carlos bringing in what he considers is a class project and that's my feeling. Thank you. Mayor Ferre: Thank you, the next speaker is George W. Peck, Jr. Ms. George W. Peck, :.r.: My name is George W. Peck, Jr. I live at 2544 Abaco Avenue, Coconut Grove. Mr. Mayor and members of the Commission and members of the Board, a year ago I purchased a property at the corner of Abaco Avenue and Washington streets, it is the green on the corner, Lot A I think. I paid what I consider to be a considerable premium above the value of the old house because it was in Coconut Grove in an established protected neighborhood, safe from what I considered to be going on in the middle Grove. When my neighbor across the street, Martha Gifford Parker Malone came to me with the news that her family's former home and ex-hus- banc3's office was in danger of being tor.^, down and asked me to sign a petition to give it historical designationli gladly signed the petition, the ;ifford Parker Buil-4ing is unmistakable part of Coconut Grove's unique historic and cultural heritage. This charming building sets the tone for t:e neighborhood above S. W. 27th Avenue and was one of the reasons I paid a premium for the property near it. I signed it hoping that one of the things that makes the Grove unique could be saved. Later, when concerned people from the neighborhood informed me of the extent of the variances t..at were to go along with the historic designation I was shocked - 5 foot set.h acks, 60 -foot high. _n addition, it would dwarf the original building, tape awa.: or gill most of the trees on the property, shade the entire back after 3 p.m., provide lines of sight into properties for blocks, t:em of _neir _rrivacy, filling the neighborhood with traffic and az:ed cars a:,i arise. signed the second petition to limit the variances bold the addition within the context of the ...cr accept t_he premise that the developer must be __•_L _ _: ;:. : -_ _:., : reserved and re -used a historic structure. - --=�r rker _ ??o_._ is not a historic wreck teetering on the brink -••, this .s a .-ah-Le, functional reconditioned building of historic -••- --- v� e ':.•_ we wish preserved for which we will give certain - - -::51 t-rr- LScl Tar' antes to allow the developer to reuse and 16 OCT 2 8 1982 preserve the older structure but not variances to the extent _::at the property values of the rest of the neighborhood are destroyed. At the first meeting most of the time for public discussion was taken up by very vocal protest and opposition to any building at all which is not even pertinent. The variances were not discussed at all in the public discus- sion. Later the board did amend the setback to 10 feet with a couple of changes but did not consider the height. Please consider the negative aspects of an addition of the size and scope presently allowed by the var- iances. Mayor Ferre: Excuse the interruption, but how much longer will you be speaking? Mr. Peck: I have a couple more paragraphs, please. If such an addition is built and it fulfills all our fears, the intimidation of a 6-story building so close to 1-story private homes, the loss of trees, the shadow, the loss of privacy, the traffic and the noise you will see most of the surrounding property owners again asking for variances and changes in their zoning regulations to compensate them for the loss of values on their properties as private residences. I ask the Council, as a concerned property owner to consider that we are trying to preserve our culture and historical heritage and yet allow a reasonable amount of free use and development while protecting the interests of the surrounding property owners. I ask the council to pass Item 3 and Item 4 and Item 5 but to add to the amendments of Item 5 an amendment which holds the height of the building to 45 feet, the original zoning height. in consideration for holding the height to 45 feet I would suggest further amending it, allowing the developer to incorporate up to one-third of the historic structure in the rear or the side in or under the new addition. I thank you for your time and consideration on this. Mayor Ferre: Thank you, sir. The next speaker will be Joanne Holzhauser. I would be very grateful if you could limit your statements to about 3 or 4 minutes, that way we could move along. Mrs. Joanne Holzhauser: I think all of you know how much I love Coconut Grove and how I have fought through the years to protect it and enhance it. I think this is an elegant solution to what is going to be a problem on 27th Avenue. Mayor Ferre: Joanne, would you speak to the issue of the 5 feet and 10 feet? Mrs. Holzhauser: Yes, I will. Thank you, that's exactly my point. I think that when you look at houses, just seeing a sketch of it, a lot of the objec- tions came from people who really didn't understand that this had been zoned I think 12 - 14 years ago, a lot of misunderstanding neighbors, perhaps that's why most of them, I think most almost all of them are here today. we're going to have to look at what is going to be the future of Coconut Grove and 1 think the elegance of this solution is what we want for Coconut Grove. Coconut Grove cannot be a neighborhood in which moderate and low income people _- can live unless we have some high quality development to bring in revenue and to brine in other residents who want to support it and I think this is a solu- `icn. I think that what you're being asked to do here is very small, very small when you consider the results because I believe the result is going to be a building that will be a landmark as a way to treat a historic structure. I think it will be a landmark of a commission working with a developer who has beer: very up -front all the way, an architect who knows what he is doing anJ1 I hone the message is going to be carried throughout that we don't fool araund in the Grove, we want high quality development, high income producing -evelocment in some areas and I think this area is appropriate. I think that you're being asked to give is small compared to what we will get back in -- __.:r-: because I think this will encourage other developers of this quality ir. ar.3 develop what he has already done for this and I ask that you e;i what _:.ee're asking. e.r~�: :Ic.w, _ _nderstand that this statement means that you're for .. : ;e foot se,_ a=k versus the ten foot. ;er: Yes, am. think that They know what they're doing and Ek:­ work with them on It. Thank you very much. .7--,r.er _s Bruce S. Russell. 17 OCT 2 8 M� V `44W Mr. Bruce S. Russell: Bruce S. Russell and I own and occupy the residence at 2519 Abaco which is within 375 feet of the property line from this prop- erty and I'm here today primarily to question the propriety of the notice that has been given in connection with this hearing. I was given telephone advice from one of my neighbors Tuesday night that this hearing was to be held this morning when at the Planning Advisory Board Meeting we were all led to believe it would be some time in November and, in fact, the Sunday following that particular meeting which was October 6th in Neighbors we if were told it would be November 12th. ! Mayor Ferre: All right, let's get an answer. Was there proper notice given? Mr. Perez-Lugones: Yes, Mr. Mayor. Mayor Ferre: How come he wasn't notified? Does he live within the area? Mr. Perez-Lugones: I don't know. Mavor Ferre: Where do you live? Mr. Russell: 2519 Abaco Avenue which is within the area. Mayor Ferre: And you did not receive notice? Mr. Rusell: None at all, no, sir, nor did my neighbor Grace Carter, nor am I told by Mrs. Carter that Mrs. Sanders and Mr. Peck who just spoke told me he did not receive any mailed notice either. Mr. Perez-Lugones: We had at least three phone calls yesterday to my office inquiring about the notice. The notice was sent according to the mail out list that was provided to us and the labels that were provided to us. I don't have with me the printout to reflect who was in that mail -out, that is in my office at this point. Mayor Ferre: They were notified by :nail -out. tar. Perez-Lugones: Yes, sir. Mayor Ferre: =n the proper legal.... Perez-Lugones: That is correct. Not only that, the agenda was published in the paper. — Mayor Ferre: I know, but that sometimes, you know, people don't around look- inc for agendas in newspapers. But you did notify them by mail. M.r. Pl:.:.;.mer: Sir, you said you received a notice before? Yx . Russell: No, sir, I received one mailed notice after objecting at the Plannin, Advisory Board level that I had not received notice. At that time i was toil that the entire re -subdivision of King-s Parx In Wnicn i ilve, there are eight lots there, had not received any mailed office. - Are you the registered owner of the property? 4. . :.,.iS:iCli: --h, yes, sir. xz . :.... er : " iiew long have you been such? y_. sell: I have been living there since 1976, September 1976 I bought _.. residence. And _ think you'll find upon. investigation that more than the nrcnerty owners in the 375 foot area did not receive mailed not- _ ^ay, when there was a problem with notification at Advisor✓ Board, we cancelled that hearing. We went . _ -`.e: _ne :,ecart Went that is involved in this which is the Planning we:.,: : a k, revised the mail out list and gave us the labels for a: eel _advertently left out and then we held the hearing. list _.:is time for the mail -out. �as�__. at t:at, we have people here who did receive mail notice _..� '_a...._na A yiscry Board ]level who did not receive it this time. :,' •:. _ __.. er : is t^.at my neighbors have an opportunity to be heard here, e acenoa here it indicates that there were E3 objections g received in the mail for this proposal and 33 people did attend and ob- ject that the Planning Advisory Board level, I don't think you'll see any of them here today other than Mr. Peck who heard about this I suppose the same way that I did, by telephone call. So I don't believe that you people can properly act upon this proposal today unless and until you give all of the neighbors in that 375 foot area an opportunity to be heard. Mayor Ferre: Do you want to give us a ruling on this? Mr. Plummer: Well, Mr. Mayor, before the City Attorney, sir, you realize this is only on First Reading. Mr. Russell: I understand. Mr. Plummer: And there is a Second Reading which would be on the loth. Mr. Russell: But the Code requires that both readings be the subject mat- ter of notification. I don't want to be technical, here again, my sole objective is to permit those people who like me oppose this proposal on various grounds to have an opportunity to prepare and be heard. I'm sure that 'sir. Carlos and Mr. Parker and these folks who have made this presentation this morning have had ample opportunity to get together and put forth a very nice proposal speaking their piece to you, we have got a lot of folks who .don't even know that this is occurring today. Mayor Ferre: Mr. City Attorney, the question before you is since this gen- tleman and evidently others in the neighborhood did not receive any notifi- cation of t1us meeting. But since the Department says that notification was properly mailed out he is requesting that this matter be postponed. Now, we need to have a legal opinion from you. Mr. Terry Percy: As to the adequacy of the notice, Mr. Mayor, the procedures under the Code for mailing to property owners within a 375 foot radius of the subject property was done, it appears that through error and omission there were some property owners left out. They attempted to amend that list and include them in additicn to the newspaper notice which is designed to be a basket or catch-all notice an-4 the fact that the gentleman did, in fact, re- ceive notice, i.e. co;,structive notice, I think that adequate legal notice has been provided on this item. Ma}nor Ferre: All right, then, therefore, the Chair rules that in any case from a practical point of view you will have the opportunity on November the loth to come here and object since that will be a second hearing and also a public hearing. I will permit you to submit into the record any objections that you have at that time. Mr. Russell: Thank you, Mr. Mayor, but for purpose of preservation of richts, may I read a letter into the record at this moment very briefly? Ma}•or Ferre: Yes, sir, go right ahead. T!, er: Mr. Mayor, also for the record, may I state something that the Attorne, did not? The mailing is strictly a courtesy notice. Am I cor- '1:. _ Attcrne% :r_. �arci re�rosa. :es, si_. : _r. The re,-.or-4 t'.as now hear-d you, Thank you. Ferre_. Al_ t, si_. :'m not so sure about that, Mr. Plummer, but if I may read the _s addressed to the City Commission. The caption is, for want of at _he __me, approximately 2937 Aviation Avenue, Lot 2 less r. _tr.e scerl :eel, .r_angle Coss sub, 3279, Consideration of Special A::enda Item - and I have written in 336 - I have _ _ _ .. r : e ,i _e eL!:cr.+_ a;_ ✓: ce frcm a neighbor of a captioned agenda item which by you today at yo•—,- session commencing at occupy the residence at Z-119 Abaco Avenue which :e rr:;certy which is the subject :natter of the captioned correspondence which _ intend to hand _n:orryou that I have not received any written nearing through the U.S. Mail. Additionally, of my neigroors failed to receive mailed as to 'TMaesday of this week. I would not be the 19 OCT 28 1982 %V least bit surpised to learn upon investigation that more than 23% of the owners of property within 375 feet of the property lines of the land which is the suhiect Natter of the public hearing also failed to receive any mailed notice of today's hearing. I am cognizant of the provisions of the City Code which state that "no action taken by the City Commission shall be voided by the failure of an individual property owner to receive such mail notice." I direct your attention to the fact that in this instance many property owners failed to receive the required notice. Not withstand- ing any certification of notice which you may receive in connection with this morning's scheduled public hearing I can assure you that a mailed not- ice has not been received by several area residents who oppose all or por- tions of the matters to be considered by you today. Because of the improper notification of this public hearing, a number of residents living within the 375 foot area have been denied an opportunity to be heard. As a consequence, I intend to treat any action taken by you today as violative of the procedural due process requirements of the Miami City Code. Sincerely yours, Bruce S. Russell. Thank you very much, Mr. Mayor. Mayor Ferre: All right, Mr. Russell, are there any other speakers now? If not, questions from the Commission or in absence of that a motion. Questions? All right, we previously had a motion. Do you want to restate the motion? Mr. Perez: Mr. Mayor, first I would like to point out that I am completely in favor of the preservation of historic property in the City of Miami. I would like to propose that the project would be approved with one exception, that they have the setback of five foot. That's my motion. Mr. Carollo: We had a previous motion for the ten foot setback, I think we're going to have to amend that motion, either that or.... INAUDIBLE STATEMENT Mr. Carollo: Okay, he'll accept the amendment to the motion, I'll still second the amendment to the motion. Mayor Ferre: All right, the amendment maker of the :notion so legally now it discussion on the meticn as amended? read the ordinance. AN ORDINANCE ENTITLED - to the motion has been accepted by the is an amended motion. Is there further This is on First Reading. All right, AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY AMENDING ARTICLE III ZONING DISTRICTS, SEC- TICNJ I 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-1 (SPD-7) COCONUT GROVE SPECIAL CCNSERVATICN OVERLAY DISTRICT;' PROVIDING FOR INTENT, EFFECT OF THE SPECIAL OVERLAY DISTRICT, CRITERIA, GLCOR AREA RATIO, YARDS, HEIGHT, LOT COVERAGE, PARKING AND SITE AND DEVELOPNXNT PLAN APPROVAL; BY MAKING THE '.:_�_ESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART CF SAID ORCINtiNCE NO. 6e71 BY REFERENCE AND DESCRIPTION IN ARTICLE I:I, SECTION 2, THEREOF, AND BY REPEALING ALL CFDIN7uNCES, CODE SECT_ICNS OR PARTS THEREOF IN CONFLICT AND CCNTAIN: NG A SEVERABILITY CLAUSE. Was Introduced by Ccmmissioner Dawkins and seconded by Commissioner Carollo .sassed on its first reading by title by the following vote- _ __. CDmznissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. -c:rmissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo ?aver Maurice A. Ferre _^e ordinance into the public record and announced -o t:.e members of `e city cemmissicn and to the public. 20 OCT 2 8 1982 ON ROLL CALL: Mayor Ferre: I'm going to vote yes with the motion reluctantly, but I wish to state into the record that the new owners of this property have been permitted an increase in their Floor Area Ratio which increased 25%, the setback which is supposed to be 20 feet was set at 10 and now at 5, they also received a whole series of other concessions such as permitting that two-thirds of the required parking spaces be designated for compact automobiles, etc., etc. Now, notwithstanding all of that, since there is no question that there is a special circumstance here of the preservation of a very important historic site, at this juncture on First Reading I'm voting with the motion, reserving the right to vote against it at the Second Reading. I vote yes at this time. Mr. Dawkins: Mr. City Attorney, may I ask a question? Does a Commissioner have the prerogative to change his vote any time he wants without stating up front on the Second Reading? I mean if I want to change my vote do I have to say now that I may change my vote at the Second Reading? Mr. Terry Percy: Upon additional information or an enlightened point of view, Commissioner, I think it would be proper to change your vote between First and Second Reading if your convictions change on a particular matter. Mayor Ferre: I'm just putting it on the record that I'm voting with it because I think the saving grace of this is that historic preservation is being accomplished. On the other hand, they have gotten additional con- cessions and plenty of additional concessions. Therefore, what I'm saying is I'm giving myself the right-of-way to change my vote and I'm putting it on the record, I don't have to put it on the record, but I'm putting it on the record so that when the neighbors come on May loth that that item is still open for discussion. Mr. Percy: Mr. Mayor, in connection with the question that Commissioner Plummer raised a moment ago as to whether the mailed notice requirement under the Zoning Code was courtesy or mandatory, the Code has been changed, the courtesy notice is now a mandatory requirement. Mr. Plummer: I stand corrected. Mayor Ferre: I know that, I didn't want to argue with my distinguished col- league who happens to be - and I adru t it - the most knowledgeable in matters of zonina even though the Miami Herald doesn't think that is necessarily good. 8. FIRST READING ORD.: APPLY PROPOSED SPD-7 COCOIJUT GROVE SPECIAL CCNSERVATION OVEP.I.AY DISTRICT TO PROPERTY LOCATED AT 2937 S.W. 27TH AVENUE. Mayor Ferre: We're now on Item 4. Mr. Luft? Mt. Jack Lust: Item 4 is merely the application of this oridnance to this property. ;L: C::.A::CL ENTIT1'XD- AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COM- PRE-HENSIVE ZONING ORDINANCE FOR 71M CITY OF MIAMI, BY APPLYING THE SPD-7 COCCNL'T GROVE SPECIAL CONSERVATION OVERLAY DISTRICT TC "TRIANGLE COS SUBDIVISION (32-79)", LOT 2, LESS NE'ly 80', TEING APPROXI`4ATELY 2937 SOUTHWEST 27 AVENUE (A/K/A 2937 AVIATION AND BY MAKING ALL THE NECESSARY CHANGES IN THE ZCNING DI TRZ CT XAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFER -;ID DESCP.IPTICN IN ARTICLE III, SECTION 2, THEREOF, BY RE- ­-1 ING ALL ORDINANCES, CODE SECTICNS, OR PARTS THEREOF IN CON- I'a C ;?:':A,N:NG A SEVERABIL.ITY MUSE. _ntrocuced tf Ccrm_,ssioner Carollo and seconded by Commissioner Perez f7_rs� reading by title by the following vote - OUT 281982 6_1 40) n AYES: Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor ice Carcllo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins. 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. s 79. MO'TION OF INTENT: ATTENDING AGENDA ITE'SS 3, 5, and 6 TO CONFOP:t TO A FIVE FOOT SET -BACK. i Mayor Ferre: Take up Item 5, Mr. Luft. Mr. Luft: Item 5 is the compaion ordinance to this district just passed for the new Comprehensive Ordinance to take effect April 6th. It will require the same amendment that you made to the SPD-7. Mayor Ferre: All right, is there someone who wants to move on the amendment? I think we ought to do it that way first and then you can move the item in the whole. Does somebody wish to move the amendment that was previously in- serted into Item #3, namely the 5-foot setback? It has been moved by Carollo, seconded by Perez. Further discussion? All right, call the roll on that. The following motion was introduced by Commissioner Carollo who moved its adoption: MOTION NO. 82-976 A Y07:0N TO MIEN-D FIRST READING ORDINANCES, AGENDA ITEMS 3, 5 AND 6, OF OCTOBER 28, 10-62, TO REQUIRE A 5 FOOT SETBACK. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo dr- w1c_ Ma,.:ri�e A. Ferre. AD ..._. IC:.�. 2ti OCT 28 1962 rm 10. FIRST READING ORD: ADD NEW SECTION 15120, SPD-12, COCONUT GROVE SPECIAL CONSERVATION OVERLAY DISTRICT INTO THE NEW ZONING ORDINANCE NO. 9500 effective april 6, 1993. 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 SPD-12: COCONUT GROVE SPECIAL CONSERVATION OVERLAY DISTRICT:" PROVIDING FOR INTENT, EFFECT, CLASS C SPEC- IAL PERMITS, AND CRITERIA; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVER - ABILITY CLAUSE. Was introduced by Commissioner Carollo and seconded by Commissioner Perez and passed on its first reading by title by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the city commission and to the public. 11. FIRST PZADING ORD.: ADD NE7,d SPI-12 COCONUT GROVE SPECIAL CCi:SERVATIC'N CVERLAY DISTRICT TO NEIv OFFICIAL ZCNING ATLAS OF THE NEW ZONING ORDINANCE NO. 9500 EFFECTIVE APR2IL 6, 13E3. Mr. Luft: Iten 6 is the application of this new comprehensive zoning district tc the property as amended. Ail ORDINANCE ENT I TLED- AN ORDINANCE AMENDING ORDINANCE NO. 9500 (EFFECTIVE APRIL 6, 1963), THE NE7, ZCNING 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, '._ESS NE'LY 80', BEING APPROXIMATELY 2937 SOUTFWEST 27TH AVENUE (y/iC;:e 293 AJ:ATIC. AVENUE); AND BY MAKING ALL THE NECESSARY CHANGES IN THE ZONING ATLAS MADE A PART OF SAID ORDINANCE NO. 9500, BY FFFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, _ 7­ERECF; BY REPEALING ALL ORDINANCES, CODE SECTICNS, OR PARTS THE: ELF I.I CG::F=T AND CONTAINING A SEVEP.ABILITY CLAUSE. ;has introduced by Cc zndssioner Carollo and seconded by Commissioner Perez sssec o: its first reading by title by the following vote- _. Cc:..rs_ssicn.er ?filler :, . Dawkins Cc =m;ssioner Demetrio Perez, Jr. CL m ssionier J. L. Plummer, Jr. .ice -Mayor Joe Carollo M or Maurice A. Ferre e , :eaa - e or�inance into the p iblic record and announced to _-e metwers of the city ccr=ssicn and to the public. 23 OCT 2 8 1982 4V 12. MOTION OF INTENT: FOR ADDITIONAL FUNDING FOR ASPIRA PROGRAM TO A TOTAL OF $74,000; CITY MANAGER TO RECOMMEND FUNDING SOURCE. Mayor Ferre: All right, I have promised Jose Mendez that before 10 O'Clock, _ at 10 O'Clock we'd take up Item 28 and I know that the young people from ASPIRA are here and so are the directors and Alicia Baro who has to catch a plane..... Alicia Baro, is she here or is she gone? Alicia, I'm sorry, I beg your pardon, I was looking over there. Alicia, you're recognized. What are you going to Washington for? Coalition? All right. Are you Puerto Pdcan? Ms. Alicia Baro: Why yes, didn't you know that? I thought everybody did. Mayor Ferre: What is a P.R. Coalition anyway? Ms. Baro: The International Puerto Rican Coalition is havine a convention, I'm leaving soon. My name is Alicia Baro and I live at 271 N.W. 64th Avenue, Miami, Florida. Mr. Mayor and members of the City Commission, I am here on behalf of the ASPIRA Florida Program. I would like to introduce Mr. Mendez and the acting director, Miss Marisela Latimer who are here for questions and also Mr. Mendez to make a presentation for me. I did want you to meet some of the aspirantes of different schools in the County who came here not only because they wanted to be present to see this presentation but also because they wanted first hand to be able to be present. I think this is their first City Corunission Meeting and they were very motivated to come and see how it is all done and so we got special permission from the prin- cipals to allow them to come to this meeting. They are around the room here as you can see. Mayor Ferre: why don't you all stand up so we can give ycu a good hand of applause. You're not acing to a beer party after this are you, at Domino Park? Ms. Barc: No. it is all going to be workshops and workshops and meetings. Mr. Jose Mendez: Thank you Alicia, thank you Mayor, every one of your Com- missioners. Two years ago we started the program, it is known today as ASPIR.A of Flcrida. We started this program with two different funding sources, one from the Department of Justice in Washington through the ASPIRA of America in New York which was called Projecto E1 de Guanes. The other one funded by the City of Miami 'last year at a rate of $40,000. Because at the time the :Honeys that were used for administrative purposes were coming from Projecto E1 de Guanes, the Department of Justice, we didn't have any ee- ':u ask the City of Miaru for any administrative moneys. Unfortunately, we all knew how, and what is happening in Washington these days so Projecto Guanes, the one that has been funded through ASPIRA of America will exist as of the end of December. So what we are concerned with n,3w, with the recommendation that the City of Miami so nicely has ffor�ad to maintain the Projecto Ar_Honia without any administration ,•s. So what we are asking is that in order to maintain Projecto Armonia add to tr,at carticular project $34,000. The Acting Director of _,reject is :ere, I'm speaking as one of the board members so if there _:-ny questions as to where these moneys are going to go the proposal has s,-;mitted to every one of you as requested by Commissioner Dawkins, r:now wnet::er you have been able to read this voluminous proposal, _s _i-ere. If you're not ready, if you have only perused s _ }:ave, I..�:e not read the whole proposal, the Director is here, _ne important thi::g is (1) has the administration e the Hcrev. know if M_r. Gary has been able to react in just _ the proposal, but he does have the proposal _ Lt= r we realize that there is a shortage of money in ver, _.,r.sc-,ous of that. We are also very conscious that right now that we just cannot turn our backs on. 24 0CT 2 8 1982 t' to Mr. Plummer: Two questions to you, Mr. Manager: Have you read the pro- posal? What is your recommendation? and do we have the money? Mr. Gary: The answer to the first one is I got the proposal I think yesterday and I have not read it. In terms of the money, as you know, we have a $2,000,000 problem right now in the General Fund with regard to Federal Revnue Sharing, all the money allocated to the Social Service Proarams have been allocated and you have a proposal before you. The third thing is if the City Commission decides that it wants to honor this request it will be my recommendation that the City Commission also make the decision as to where the programs have to be reduced accordingly. I would also like to say finally that the staff is not here and most of the people because of the way this item was scheduled, I'm informed so that they would not be waiting around and would not discuss this item probably until after lunch so it may be appropriate at that time to bring this back up which will give you an opportunity to look at the total social service problem area which would assist you in making decis- ions as to whether or not you want to reduce other programs to provide more money to ASPIRA. Mr. Plurcier: He's recommending that if you give it to them that you've got to indicate where it's coming fro:a, from what other program it is going to be deducted. That's where we were before at the last Commission Meet- ing. Mayor Ferre: I'll tell you, I just want to reiterate my position in all of this. In this day and age and the way things are going in this country and thank God that a Nobel Prize winner was able to tell the President the truth to his face in the White House, and you would think that the President would have more sense than to invite a legitimate person to the White House to talk about economics, you know what the answer is going to be, I mean I know that President Bush can't talk about Voodoo economics anymore but certainly, or he wouldn't be the Vice -President for long, but certainly to invite a Nobel Prize Winner economist to the White House and expose him to the press, I mean :you kncw what the guy is going to do, he is going to say this is Voodoo Economics, this is a gi„mick, gimmick economics. And the fact is that this country is well on our way to 11% unemployment and in the black community and in the poor communities of this town whether they're Latin or black, and :'ve got news for you, there are a lot of poor Cubans, this thing about all the Cubans being rich is just a lot of malarkey. If you don't believe me I'll take you to some neighborhoods in Allapattah and Wynwood and I'll show you a lot of poor Cubans in this town and I'll show you a lot of unemployed Cubans in this town and I think we need to do above all things we need to help people to get themselves ready for Dobs. Now, there are several of these programs athat are functioning in this corranunIty. One of them is JESECA and they're doing a magnificent job - I think in training people to get ready. ASPIRA has a little bit differ- ent approach, it approaches it through the educational process and to me s lot of these young disadvantaged kids are kids that normally would not have that kind of a chance, have a chance to improve themselves and event- ually become engineers and salesmen and doctors and professionals because cf this program and I'll tell you there is a crying need in our community ^_odav to help people help themselves because that's what it's all about. Now some a-ays, Jorge Masconoso came here this morning, and he was fortun- 3te. But when he came :ere from Cuba, sure, he was a milk man for three :cur rears but he had an education, he knew how to move, he had the ex�:!e.rience in Cuba as a tusinessman and he knew how to make it but most ecp.t: do not. have tna ;rind of a background but I think it is incumbent .rcn us to do this so I am all for this. Now the question is how do we input doing it. -rollc: Well, t•+,. Mayor, I'm glad to hear you capitalize, especially ::emoc at, ycu aven't really hit the Republicans as bad as I thought ,.:ess what _ne Mayor really stated in all of that is there a_fference between the Democrats and the Republicans. 7 sub�ect for a longer debate but let me just say at t}:ese people are here for is to help young people nave the opportunity to make it. Now I don't know azcut do,r.g it because we can't afford everything t e professional staff that has analyzed these ::ss _:ass :__- as one of the better ones, is that right? 3R€ _ _ . OCT 2 8 1982 y"A _ cu asking altogether, Jose? `.. r 25 L air. Men4ez. J:4 1vLet me state, beca'ise I think this is 'gnat you're saying.... Ma•:or Ferre: Weil, what is the difference between one and the other? Mr. Mendez: No, what happened is that the staff without administration is recommending 540,000. What we are saying is that we are losing those moneys to support ad.-ninistraticn at the end of the year and that at that time we need to pick up the administration fees to put them into Project Armonia. Let me add one more thing which I neglected to say before. Other than that our name is ASPIRA and we are identified more so as a Puerto Rican organization, that is not so. We have right now a role of blacks, Cubans, we cover the entire minority of at least seven schools today including Citrus Grove which is in this side of town. Mayor Ferre: Look, what is it you're asking for specifically because you have me confused now? Mr. Mendez: $34,000. Mayor Ferre: In addition to the $40,000 that you already have. Mr. Mendez: That's correct. Mayor Ferre: You're asking for an additional $34,00T. Mr. Mendez: That's correct. Mayor Ferre: Which makes $74,000. Mr. Mendez: Yes, sir. Mayor Ferre: And the purpose for that is so that you can cover administrative costs, is that what you said? Ar. Mendez: That is correct. Mayor Ferre: ;ell, new _cu .ust lost me. Ncw you had me up to new but you're telling me w:at this is coin.: to be all for administration? Ms. Mariseia Latimer: "'y name is Msrisela Latimer, I'm the Acting Executive Director. We will be losing with (INACDI3LE) the Director of the agency, one counselor and one secretary. he want the $34,000 to cover that oart of the budeet and also the two new schools that we are having. Mayor Ferre: Wait a minute, where did the money core from before? :'.:. :.at-.^..er. ?+ P:RA America. Ma;•or Ferre. ! see, it came from your main national organization in New Ycrx a::_ wer� ,et_-ng it from the federal government and they were tassi::c it ,;n, __,went from Washington to New York to Miami. Now, with e3cancmics _hey :,a•:e c•st that off and, therefore, that's gone like all prc.3rams are. :Jcw, what you're saying is you want the local ., -.;n from Washington, is that the picture? _ it. well, t-.at's what President Reagan said, _ _�ntec _.._ t.,.._.......__a3 to : icic un _-e hall. _. _. __ er: :�� -' _ -- -:�= we wcr.' :a*:e a directcr for the area plus sere _.:' t'+C scnocls -wit'-out staff, we can't. he are serving w; _hcu _-e two new sc^ocls. _ _ _ . : r. M ..:.�c•=- , assr.�. _ that we ___ have the :coney, that we did _.._: - and th, s i.� an zcrest to gcocress sincere _::at -s suff-.._ently well run that we get the as to the ezf___ency of the project? is well _ _n as long as they keep Jose OL. :3Ve t0 _-O wl-.. t:,s? Ycu know you're not..... tb; iw Ms. Latimer: Hr. Mayor, I'm sorr-r, I am the vice-=hairman in charge of finance, really I should have done this presentation but because I have.... Mayor Ferre: Okay, Luis Martinez -Perez is the Chairperson, right, Ms. Baro: Yes, now he is a member of the board. Mayor Ferre: Rafael Rute is the vice -chairperson, Alicia Baro is the vice - chairperson, ......... Ms. Baro: Yes, now he is a member of the board. I'm the one that should have made the presentation but because of plane conflicts I didn't think I was going to be able to make it. Mayor Ferre: Wait, members at large Jose Mendez, wait a moment, that's all right. Ms. Baro: Mr. Mayor, I didn't think I was going to be able to make it because of my plane, I changed my reservation to be here naturally predicated on the fact that we could be here this morning, that's why I told Mr. Mendez, I threw this on him. Mr. Dawkins: He deserved it. Mayor Ferre: I think, I'm not trying to pull Mendez' leg or anything, he just happens to be in so many things that I often wonder when he goes to his job. Mr. Mendez: Wouldn't you say that this is more than a job? Mayor Ferre: I would say this is important, yes, and I'm just pulling your leg. Mr. Manager, as far as I'm concerned, I think this is one of the better programs along with JESECA and some of these job training things that we have. I would like to just make a motion of intent that we fund this program. We're acing to have to come back and identify where the fund- ing is going to come from at the next meeting. Mr. Carcilo: There is a motion of intent, is there a second? Ms. Plummer: Second. The following_ :notion was introduced by Mayor Ferre who moved its adoption: MOTION NO. 82-977 A MOTICN OF INTENT OF THE CITY COMMISSION DIRECTING THE CITY MANAGER TO COME BACK WITH A RECOMMENDATION FOR A SOURCE OF FUNDING TO INCREASE THE ALLOCATION OF THE "ASPIRA PROGRAM" TO A TOTAL CF $74,000. _.pon being seconded by Commissioner Plummer, the motion was passed and adccted by the follcwi^.a vote- 5: Ccu=dssior.er Miller J. Dawkins* Commissioner Demetrio Perez, Jr. �. or.: dssicner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre .. -._." . No .e. .e:. «e say _=e tack where it is coming from, Mr. Manager, -a.•< a•.- cr e cut c_ this $700,000 that you've got for whatever it .,an be allocated for once and for all and we get finished at the next meeting somebody is going to be up -- _• - ;' acing to tell you to go back and juggle it again and _ Tie . __. ._-mebody will be here and they'll say juggle it - • • =� - «r.s :-.e ...;.acer brings to us at the next meeting should w it. I vote yes. 27 OCT 2 8 i982 13. DUAL DISCUSSION AGE:'DA ITE"S 7 A:'n 23: JACA-101. BAT CL(:B %'A°.IV;CES AND FI:;AL T ELDI_;G, �" 0",Di:; —;CE FULL DISCLOS17E OF ALL P.kRTIES '. 'I';C: PrESE`'TATICNS TO THE y CI'IK' C0'^`.ISSION. (See label #` for final readinv of Ord.9419) . :favor Ferre: We are now on item, No.7, which is the Jacarol Bay Club Mr. Aurelio Perez-Lugones: fir. Mayor, before we get into item No.7, let me point out that where it says Planning Department recommends approval that was a typographical error from mv office, it is "denial" and this is re- flected in your.... 'Savor Ferre: You are sure this wasn't a Freudian slip, right? Mr. Perez-Lugones: No, sir. *favor Ferre: Ok. Mr. Carollo: Mr. Mayor, if I mad:, I think it is only appropriate that before we take up item No.7, we at least zo through the motions of going through item 23. It is clear to me what is happening, here but I would, at least, like to have it on record. uavor Ferre: all riz—t now, let me rake sure that we have .... what? (I:izL'JI3LE BACK:,ROU`;-D ST:.TEX:NT P1_4CEE OUTSIDE OF T'r.E PUBLIC RECORD) . `!r. Carclic: ':his is _tem 7 , sir. `.aver Ferre. 23 .s tied to ,. All right, no::, Mr. City Attorney. You sent out a 3-race memorandum to the City Co-:,..ission wherein you explained that the quoted rule in the case of. ..what was it, Daytona? '•!r . Gar c ia-Pedrosa : Bo:•nton Beach. Ferre: nc:nton Beach, ok. That a resolution of intent was in effect blindinz on the :overnin4 body, is that correct? '!r. Garcia-?�crc�a: wasn't a resolution of intent, but it was a resolution ...,._.�r to ,..:c _,ne .ou gassed. A reSOlUtiCn, stand corrected. All right, now, Mr. Carollo, _nien of the Citv Attorney and now having asked him, resc;uti_., _:;at was gassed which is further strengthened by the ordinance fect at t`.-_s state of the game, since it was Passed by this Com- _nan_-cus a= _ recall, Is that correct? iro_1 _orre.ct, Mr. �!avor. ogre: `)ir.c nz on the City: C=zmission. Is that correct, the ruling of the Chair is i_em 2_4bef.re listening to ;, because what e:•:ists in t::e spirit of the _ss n u^._tess somocne .:ere to make a reversal of that. _.._ne . wc•_gin the spirit of the law". that: '7esolut U� i $61, Mayor Terre: In other words, when this Com-fission passed that resolution tc 0 i­ bound by that. Now, oka-:. Mr. Miller J. Dawkins: Mr. Cit•: Attornev... Mr. Carollo: Better think of that one, Miller. Mr. Dawkins: ...I asked for an opinion of 9419. A memorandum of Opinion was returned. I, in turn, reviewed the attorney's Memorandum of Opinion and I asked you for your interpretation of that memorandum. From both at- torneys and three other attorneys that I have consulted -now, if I'm in error you tell me I'm in error- you said that at the tine that 9419 was enacted it was invalid. Am I right or am I wrong? Mr. Garcia -Pedrosa: I said that 9419 was net enacted pursuant to law. Mr. Dawkins: So,..okay, I'm a la% -man, I'm not a lawyer. Now, either it's S.:-d or it's bad. Now, is it good or bad' Mr. Garcia -Pedrosa: In those terms, Ccmmmissioner, the ordinance is not good until properly enacted. Mr. Dawkins: Ok, thank you. So it wasn't in effect because it wasn't passed properly. An I right or am I wrong? Mr. Garcia -Pedrosa: The ordinance was not in effect, no, sir. Mr. Dawkins: wait a minute, Mr. Mayor, I'm getting from him for his legal opinion, then you can give your personal opinion. Mr. Garcia -Pedrosa: If you talk about the ordinance, Commissioner, you are correct. Mr. Dawkins: Ok. So what we are talking about here now is that what we are going to discuss in 23 what we should ha•:e done when we had 9419, am I right or vronq' `4r. Garcia -Pedrosa: No, sir, I'm afraid you are not right for this reason, the Commission passed, or attempted to pass that ordinance, and as we have discussed, did not do it pursuant to statute, but it also passed a Resolution and at the Ma:• 27th meetine, as you may recall, and I quoted it in my opinion there was an exchange between Mr. Jack Weiss who inquired as to whether ti:e action of the Commission was done pursuant to the ordinance, and the Ma•:cr responded: "No, we are travelling under the Resolution." 'Iati•or Ferre: That's right. `!r. Garcia -Pedrosa: The resolution was properly passed by the City Commission on at ds. �'.r. aawki;,s: All right, let me ask you one question: what is the method for '`a551r:� a rC501Ut_C^.� r= ?e'-="`sa: T'-:ere is no requirement of advertising in advance as it is or .inane -es , Commissionf r . Terence, "ordinance" or "resolution"" t"-re were a conflict between an ordinance and a reso- r., ordfr.ance would govern, but I don't think that's what i:no , .s thrcwirz me a curve. Either you - ' ! ,'ure ? ',nderstand _-Cur question, Ccr=issionel. r.._rst_nd 'cur answer. .;cw, we �Je_initaly have an iW- t:,ere are curves bein thrown but I definitely !r. the City .ttornev. 29 OU 2 3 1982 '. 16 Mr. Dawkins: Or:, let me ask you another question. We have an agenda; we have an agenda item 23 in the agenda and we have an item 7. You have two Commissioners, one is desirous of hearing item 7 as it is scheduled on the agenda and one Commissioner is desirous of hearing item 23 out of order. 'savor Terre: I agree with vou, *filler, I agree with vou, you are right. We are ,going to take up item 7 as we are not going to take up item 23. So that's not.. now, wait a moment, that isn't good, I want you to understand... Yr. Dawkins: I have no problem with that, I have no problem. *Savor Ferre: But Miller, I want you to listen just for a second. Now, I listened to you, I want vou to listen to me. What the Citv Attorney has said is that we are not travelling under a "valid" or "invalid" ordinance; what we are travelling under is a resolution. All right, that resolution is binding on the City of Miami and there is a case of Boynton Beach which was heard by the Court which says this is the way you go. Now, the fact is that we passed, this Commission passed a resolution which specifically stated that we would not hear anv cases unless there was full disclosure of who the owners were. Now, as far as I'm concerned and as far as the City Attorneys ruling is con- cerned that's a binding matter. Now, what happens to item 23. or what happens to the ordinance, or whether or not we strenghten that resolution by an ordi- nance is something that will be discussed when item 23 comes up. But with regards to item we are still under the premise, as I understand it, Mr. City Attorney, of the previous resolution which says that we will not hear an-, cases unless there is full disclosure of who the owners are. Is that correct? Mr. Garcia -Pedrosa: yes, sir, the resolution would be binding at this point. Ma•:or Ferre: So, therefore, based on the City Attornev's ruling, on item 7, if the apclicant is readv to reveal who the cu-ners of the property are, then I'm read,: to hear this case. `:r. Dawkins: Ok, Mr. 'da::cr. I'- going to sav_ what I have to say about 7. The first thing that I .,:ant to sav is this. -his is why I have a problem with Charter A:.endment No.4: "Shall the measure known as Ordinance vo.9488 proposing amendments tc Section 21 of the City Charter, making the written legal opinions of the Citv Attorney, designated as such by the City Attorney, bind - ins on all members and personnel of the commission, of the office of the Cit:: Manacer, of the office of the City Clerk, and of the City Departments, Offices, Boards, and Committees not included within an:: department, be approved"' Now, anybcd:: in the Citv of Miami who votes for this, vou are taking away the riht of ::our Commissioner to be heard. I want you people out there, in Miami, t,. _:nderstanc this, because here is where I definitely disagree, which is my ri:ile�e as an American citizen, and I fought two wars for that, I don't know :::an:: others are up here that did that, for the right to be heard and now ere is an amendment that is ;going to tell me that vou elected me to sit here in-, ::ct w nat t;:ink is in vcur best interest and the City Attorney sav_ s I cc it, would like to go to item 7. And item 7, some time ago, nassvc or_�ir,ance 9'19 as a pocket item, which would require that applicant would disclose all partici- r a trc:nsacticn in question, or no action would be taken. Prior to the of many variances have been given without thought to full all of this is t e fact that the Jacarol Bay Club repre- t.�t. es were ::.e .aucience to be heard but were denied the right and the op r to be :.Oarc :hilt this Cc=ission passed a pocket item which created Th zero :o.. d, and if :'m in error, check the record, then were forced ere hilt t::_. Cc mission took the pocket item, put it in its proper _ _".0 Law _--enart-ent and made it an ordinance. Then when this Com- t, :.gar t`:e Jacarol Ba•: Club, 9419 was enacted and therefore the the ....ht to be heard because they did not comply ;:ith at that meetint or ypril 19, 1982 recommended that fr.,.., resolution CB-5682. The vote was 5 to 2. _. c^art-.ent recommenced Genial. Some time later, Mrs. the Commiss`:n.'s :allure to -rant the variances ....._rd and the recc ended denial by the Planning Board. _wo Boards to disagree, check the records and you zrnnted ma variances requested where there . J0 OCT 2 8 1982 were split recommendations from the Planning and Zoning Boards. after talking to Mrs. Weiss and reconstructing in my mind the set of circumstances which led to the denial of the Jacarol Bay Club request for variances, it became obvious to me that the actions against the Jacarol Bay Club application were unjust. 1 said this to Mrs. Weiss. As we talked, I assured Mrs. Weiss that there was nothing improper about her asking me for assistance. The only illegality would be if I were to accept any gratuity for any assistance which I might be able to get for her. In our talks I asked Mrs. Weiss if she could get a legal opinion as to the legality of ordinance 9419. As I think back I cannot help but think the pocket was a vendetta against the Jacarol cooperation. My view, this is my personal opinion, this might not be true, Mrs. Weiss obtained the services of a John Barrett, who gave a Memorandum of Opinion as to the legality of ordinance 9419. I, in turn, gave Mr. Barrett's Memorandum of Opinion to my fellow commissioners and to the City Attorney requesting an opinion of the City Attornev as to his interpretation of Mr. Barrett's Memorandum of Opinion. Both Mr. Barrett and Mr. Garcia -Pedrosa agreed that ordinance 9419 was invalid was invalid when applied to the zoning variance requested by Jacarol. If 9419 was invalid at the time the zoning request was denied, then, in my opinion, this Commission created an undue hardship on the Jacarol Bay Club. What is most dis- turbing to me is the dual set of rules that this Commission appears to operate by. If you are in good standing with some commissioners then your request is granted, if you are not then you might not get your request. An example: at one Commission meeting Commissioner Carollo spoke to me about the apparent hard ship imposed on Brickellbank. As we talked, I was informed that Brickellbank was denied a building permit because Brickellbank had not appeared and had not gotten approval from an Environmental Board and no full disclosure was required of Brickellbank, when in fact, the Environmental Board did net exist. In order to ease the apparent hardship imposed on Brickellbank, 1, Miller Dawkins, pocket- itemed at the request of Commissioner Joe Carollo that the zoning variance be given to Brickellbank. Now, after talking to Mrs. Weiss and receiving a Memoran- dum of Opinion from Mr. Barrett and Mr. Garcia it is obvious to me that a hard- ship similar to the Brickellbank hardship was placed on the Jacarol Bay Club... not the same kind of hardship ma'.be but similar. The Jacarol Bay project would assist in the fulfillment of a campaign promise I made to seek development in sections of Miami other than Brickeli Avenue, Dupont Plaza, Park West and Over- tcw-n. she other areas that I planned and premised to seek development in were: Little Havana, Liberty_ City:, W}-nwood, clagami and Little Havana. Although this development is not in the above areas, it is not along Brickell Avenue or Dupont Plaza which :Weans that we are developing other areas. And this would put 2,500 people to work, of which many should be minorities. 1 am not too concerned about the recuirements of ordinance 9419. Thev may be 'good or they may be bad legisla- tion. I am not sure at this point what was the intent of the legislation when it was enacted, however, I should like to state this: reaffirm my opinion that working on amendments to the Charter require more study, more citizens' input and more in- put from the Law Department. And this Commission should take more time to study all of these changes and not to do them as pocket items. The pocket item method woes net allow for free exchanze of different views, the Sunshine Law will not permit lea'_ discussion of such items and when they are pocket items they are 1:sual1 newl•: suzgested changes and they ;Hove on without in-depth stud.; and consi- raticr., According to Mr. 3arrett, to our own City Attorney and three other at- ternr•:s I have talked with, ordinance 9419 was invalid when applied to the Jacarol 'a^ __:b a .c:iication for z^;;ins; 'JaTiances, therefore, this Commission was in error w4l act on tine recuest fcr variances. People elected us because they co;i1J tr'.ist a :�i;e.n we enact ordinances before the act, then hear the grid :rage tht, new:^ enacted ordinance retroactive, Then questions come to the tile_ 7,eopie -are the.' real honest" Are they bordering on the lines or ._ndi_.._veness.1 We were elected by strong, moral people and ir.di✓idua:: loci_ to u_ for leadershipi am not concerned as to the owner :ll disclosure. i am not concerned by the innuendos that have been told _.. �ne n� cthers that the Jacarol Bad: Club is drug -related and drug- _ ` is not . _ ;problem— "'.: onl problem is that 1 am an elected of- i_ ..orc' an- 'wat,:.. this Com:mi$sion, in my opinion, pass an ordinance an _...._:iJual, gnat is .;ron;. Therefore , I move that b tho Jacarol Ea. Club be -en. ;a a :notion that __= cn the floor and.. . y� 4 ,... i _ :o the Chair .:a$ the right of ac; epLinCD that s n ased...I have to give W,: reason is I don't y.. a legal question here. :;ow, let me go through lot of what Filler Dawkins said is proper and 31 OCR 281582 ` ,; and as I understand it, from a legal point of view, the City attorney has agreed with the question of the illegality of the ordinance as it was im- properly proposed. However, the City Attorney has also ruled that following a similar case in Boynton Beach, the Cit-. of Miami is bound by the resolution previously passed even though the ordinance is not, in fact, legal at this time. Now, based on that, the only way that I could accept the motion on item 7 is for someone...because Miller, the only way_ I could accept therefore a mo- tion on item 7 is for someone to make a motion to rescind the previous motion. Now, that I would accept as a valid motion. In other words, if you rescind the previous motion then we can proceed with item 7, but if that previous motion is not rescinded, then according to the legal opinion of the City Attorney we can not proceed. Now, let me ... and it has nothing to do with this but since you mentioned item 4 on the Charter I just want to say --because I think it is im- portant that there be a response on the record to that-- Plummer has served here for 13 years and I have served here for 11 years or 13.3 years as a Com- missioner and 9...I have served here for 12 years and some months. I know - because I've asked Plummer this question before, and I know for a fact that my service of 12 years to the City Commission not once has this City Commission ever overruled the ruling of a legal opinion of the City Attorney, not one time, and I'm talking about going. because I've been through.. this is unbelieveable.,, John Barrett, Richard Stone, Alan Rothstein, Jack Rice, John Lloyd, George Knox and Jose Garcia -Pedrosa, that's 7 attornevs that I have served with; and not once in those years has the City of Miami Commission ever overruled the legal opinion of the Citv Attornev, that's one. The second thing I'd like to say Mr. Plummer: Well, wait a minute, on that first one, there is a damn good reason that we never, at least, this one commissioner...because it is so indicated that if this Commission overrules the City Attorney, you then become personally liable. and not defended by the City, and I want to tell you, I was elected by the people of this City but they didn't elect me to risk my not beirg defended on $5,000 a year, because I can't even pay $5,000 to an attorney_ to defend me if I go against that ruling. Mayor Ferre: The second aspect of that, just so that we are clear on this, is that what that charter amendment sags is absolutely nothing different than,that is in place all over the United States, including the State of Florida and including Metropolitan Dade County. When the Attorney General of the State of Florida rules on an issue, the Governor and the Cabinet are bound, they can't say, well, that's your opinion but I have a different opinion. The Governor has a legal counsel, for example, the Governor has a laurver sitting right next to him. The attorney_ who is legal counsel cannot overrule the Attornev General, if the Attornev who is the Chief Legal Officer of the State of Florida, gives a legal ruling it is bind- ing on the Cabinet and on the Governor, and the Administration. In Metropolitan Dade County, if Bob Ginsberg, who is the County Attorney makes a ruling of law, the Mayor of Metropolitan Dade County -Steve Clark- and all the Commissioners and Merritt Stierheim and all of the administration are bound by that legal ruling. So this is not any radical move to do anything different from what, in effect, exists already in governments throught this country. M:. Dawr:ins: Sc, Mr. Mayor, if it already exists, and it is already in place, wh•: do we have to put it on the ballot. nr Terre: it doesn't exist in Miami, it exists in Metro, it exists in the Stat=- o: Florida. vou ust said though that this is already what we are doing. Terre: that's wtiat we are doing on our own. "!r. Dawkins: ',tell, if we are doing it on our own ... you know, this is what ... and - I :.:ate to keep being, redundant, but this is why_ I have problems with the one cent sa-es tax. You all keep telling me as to what exists, what it will do, and then 3'~ r we pass the one cent sales tax then you all come back and come tell me, you is .:hat we -eant. is this is what we are doing, and we are already •.Ve have an honest difference of opinion, now on a motion ...to rescind what now" now ... to rescind the previous motion that required :••_ _ t!e -. s cr people before zoning cases were heard. I'll accept "= ••• an_ to manke that motion..or somebody. ' ,rT to .a.iscuss 't+^�erore 1 make it. I want it clearly understood. My argument is not with full disclosure, because I have no problem with full disclosure. It may or may not be necessary. My argument is that we enacted full disclosure and, I think, according to the laws -I don't mean my City Attorney, he keeps going back and forth, I don't know which way I'm going - I don't think anything is valid until...there is something in the State statutes that sa:•s that it has to be enacted 7 days or 10 days, or something like that, before it becomes effective. And when I start asking him that, I don't know, we start joking and losing position. But I make the motion to rescind the resolu- tion that created ordinance 9419. Mavor Ferre: Okay, there is a motion on the floor which I'll accept. Is there a second to that motion? (PAUSE) Is there a second to the motion on the floor to rescind the first resolution'. Mr. Perez: I second the motion. *favor Ferre: All right, there is a second on the motion. Is there further dis- cussion? Mr. Plummer: Well, Mr. Mayor,in effect, what I would understand, if in rescind ing 9419, in effect, what we are doing... Mavor Ferre: No, no, wait a minute, let's get this correct..City Attorney... Mr. Garcia -Pedrosa: No, no. You are not rescinding 9419. Mr. Plummer: Excuse me, we are rescinding the resolution which the City Attorney has indicated, in his opinion, is binding by law. And the, in effect, what we are doing is going against the ruling of the City Attorney. Now, you know, I under- stand where they are coming from.... Mr. Dawkins: Ok, I withdraw the motion, now what can I do, Mr. Mayor? Mr. Carollo: if I can say for the record... gentlemen, gentlemen, please put it on the mike, I don't want Mr. Dawkins to have to go to the State Attornev's office for violation of the Sunshine Law... Mavor Ferre: Nc, no, no, now wait a minute, Joe, let's.... Mr. Carollo: No, Mr. Mavor, no, you know, I'm taking the gloves off. I'm fed up with this show business up here and it's about time that someone comes up and starts telling it like it is. Let's open the curtains so that the public can see what goes behind it also. And if I may for the record find out who this young ladv is representing? (RESPONSE STATEMENT NOT PLACED IN70 THE PUBLIC RECORD) You are representing Mrs. Weiss, very good. The purpose, ladies and gentlemen, that this Commission like every other Commission around, has a very great need to find out who the owners are of'an,., blind trust -whether it's this one or any other - number one, is to find out if there is any conflict of interest between any of the people that would be voting for whatever that particular project might be and the owners of that project. There is no other way that you could legitimately Lind that out... xa•:or Ferre: Including a member of the Commission, because that's how it started With Metro, you see, there was some question as to whether or not a Commissioner };as an involvement in the trust and therefore what happened at Metro was that eb dv sai:i --well, I insist that there be full disclosure before we vote on _S. That- 's :ew ,: is w'r:ole thing started. r. --.cllo: Of ccursc. Secondly, I think there is a very good reason, especially a nlace like Miami to find out who the owners are and to find out when you find t who the owners are -cr at least you attempt to find out where that money is If I ma,; set the Planning Department Chairman up here for a second, I lust ::ant to bring some points out that I think are legit to bring out _t. t!is ti:ae. tie are not discussing here the issuance of a variance, that's second- t -nain t`:in . tnat is important through is the disclosure. will You forgive me for a moment, as I announced earlier elea•!e at 11:30 A.M. because at 11:45 A.M. sharp I go on tele- r. r _._ r ecortrend that if you time, this is going to be broadcast _S .- e.."nc Caribbean, that is Jamaica and ... this is the second of America, sponsored by the AID and the Opec, which tt.c tic 7•a14;r dual organizations are sponsoring what they call a Telemission. it, a::;i this is one of the few initiatives of this Administra- ';:;r; n t.-, ._ree with, the," did it in Egypt and it was very successful, `-=i for the Eastern Caribbean, -or what's called the 33 OCT 2 8 1962 fok English-speaking Caribbean- for investment purposes. Mr. Carollo: Will you be on it, Mr. Mavor? Mavor Ferre: Yes, I'll be on it. Mr. Carollo: I'll definitely watch it then. Mavor Ferre: Ok. Thev'11 have a lunch,..there is a lunch from 1:00 P.M. to 2:60 P.M. and you are all invited, all members of the City Commission received from Howard Gary a memorandum inviting them to the Caribbean Telemission from noon to 2:00 P.M. and I would strongly recommend that you go if you can make it. We've got some very important people here from Jamaica, from Barbados, from.... Mr. Carollo: If I may ask, Mr. Mavor, at what time do you expect to be back in the Commission? Mavor Ferre: 2:00 P.M. o'clock. So I apologize but, as I announced before I have to leave at 11:30 A.M. Mr. Carollo: we'll be breaking at noon so you won't be gone that long. Mr. Joe Mathews: Mr. Mayor, before you leave, my name is Joe Mathews, of the law firm of Murai, Wald, Biondo & Mathews, we represent the appellant on this item No.7, and we would request that it not be voted on until there is a full Commission, Mr. Vice -Mayor. Mr. Carollo: That will be fine, sir. Mr. Mathews: We are the objectors, the objectors to the variances, thank you. Mr. Carollo: I understand, sir. I` I may, Mr. McManus, I would like to ask some questions for the record to go a little beyond and show the Commission and the public here and everybody else who should be aware of it, that we are not just talking about another run-of-the-mill variance or project. How many variances is this project asking for altogether? +,r. Seidler: Mr. Vice-Mavor, may I stated my objection on behalf of the applicant at this point' Mr. Carollo: You can, sir. Mr. Seidler: Are we now discussing disclosure under the proposed resolution or are we coin,g into the request for variances? Carollo: ':o, si:•, all that I'm asking is of Mr. McManus to state on the rk,c,rd what is being asked for in this project. �':. aeidler: :;dually, I'm asking a point of order, are we on item No.7 at t;.:s point: :arollo: sir, -'ten ';o.7, as you well saw before the Commission here, is oink tc e taken up unless three members of the Commission want to overrule it Ar"C,rne• �eijler: Sc »i:,t-,urpose would there be, at this moment for going into these srollo; :eel, s'_r, . .:ill ^et to that purpose when I'm done. If I may, 1... .!C":anus . ,:n..issioner, , there are a total of 9 variances, including es inJ one for floor area ratio. total variances the,: are asking for, that's complete :r. t:; that are going u,:. t,� state for the record that there are oniv 4 variances. ;. .. l ^:a✓, how mane apartment units are going up in that ,l:atever the case ma-: be. 04 001 28 1982 46; 40 Mr. McManus: It'll be 976 units. Mr. Carollo: 976 units. Out of that 976 units...? Mr. Seidler: Mr. Vice -Mayor, I must object again... Mr. Carollo: Well, sir, fine but you... Mr. Raymond Seidler: ...if I may clarify for the record, my name is Raymond Seidler, I represent the applicant, I am the attornev. Mr. Carollo: You may object all you want, sir, that is your privilege but I would like to ask these questions for the record. Out of that 976 units, Mr. McManus, how manv of those are extras that they are asking for in the variances? Mr. McManus: Mr. Commissioner, assuming that we are talking about similar size units, similar size apartment units, then the number allowed would be 676. Mr. Carollo: How much was paid in variances fees? Mr. Aurelio Perez-Lugones: Commissioner, in the neighborhood of $136,000. Mr. Carollo: $136,000, okay. I would just like to state for the record that there is a lot more tha I would like to bring out but unless there is a need to at this point in time, I will leave that for another occasion. Now, Commissioner Plummer, Commissicner Perez, Commissioner Dawkins, again, if at this point in time any member of the Commission here would like to bring up a motion to do away_ with the previous resolution, in the opinion that the City_ Attorney has given, you may again have the opportunity to do so at this time. Mr. Seidler: Mr. Vice -Mayor can the applicant be heard on the question of the resolution and its application to this matter? Mr. Carollo: ;-,hen I'm done, sir, you certainly can when I'm done. Somebody wants to bring up the resolution? Mr. Dawkins: I want to, I've been trying to get the floor but it doesn't look like you want to give it to me, may I have the floor Mr. Vice -Mayor? Mr. Carollo: I'm certainly going to give it to you, Commissioner Dawkins, I mean/ you had the.... Mr. Dawkins: Okav, now, Mr. Whipple, can you tell me roughly, off the top of your head, how many variances were given Tibor Hollo when he wanted to build Venetian Isles, off the top of your head? Mr. Whipple: Which project, Commissioner Dawkins? Mr. Dawkins: The one he got the most on. 35 OCT 2 ivUG Mr. Carollo: If I recall correctly, because I voted against it and you voted for it, Mr. Dawkins, there was about fourteen. Mr. Whipple: I would estimate in that vicinity. Mr. Dawkins: Okay, now here he got fourteen and here is a person who wanted nine and this is the fourteen variances that he received costs off the top of your head. (INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)-. Mr. Dawkins: Would it be more or less than $121,000? Mr. Perez-Lugones: A lot less than that? Mr. Dawkins: A lot less? Mr. Perez-Lugones: Yes, sir. Mr. Dawkins: Okay, thank you. Mr. Carollo: To me, the main difference between Mr. Hollo's project, which again I repeat, I voted against it, in this or any other project that is in a blind trust, it is just that. With Mr. Hollo, you knew whom the owners were. In this project or any other project that are blind trusts, you don't don't know whom the owners are. Mr. Dawkins: Are you saying, Mr. Vice -Mayor that the reason the Jacarol Bay Club paid $131 was that they were penalized because we didn't know who their owners were:' Mr. Plummer: S131,000! Mr. Dawkins: Yes, they were penalized because we did not know who owned it? Mr. Carollo: No, sir, to the best of my understanding, and the City staff can answer that, they pay that for variances they were requesting. Mr. Dawkins: You just said yourself, Mr. Vice -Mayor, that the reason Tibor Hollo (if I am in error, please correct me), you just said that the reason that Tibor Hollo paid less was because we knew who the owners Caere. Mr. Carollo: No, Mr. Dawkins, you misunderstood me. I stated that the dif- ference was ... as I see it ... other people here could here a different opinion... is that Mr. Hollo's project, you knew whom the owners were. In this project, or any other project like that, you don't know who the owners were. Now, I will say this much. Mr. Dawkins, you made a very long speech before and you have had much more time on this matter to talk than I have. You made some references to Brickell Savings 6 Loan and some other things. Well, that was a nice attempt at trying to compare chicken salad with chicken manure and I �:empliinentyouu for that. At the same time, since I haven't been speaking with a prepared speech like you have been, anytime that your speech writer •wcuid need employment, I would be more than happy to provide with one with t,-.e seats that I have now. - "r. Dawkins: I am pa,:ine for him and I write my own and you write yours. .... Car��lo: :,t t`.e same time, Mr. Dawkins... r. 1-.w.._::s: an.-L"Ier thi^.g, let me tell you one thing, if you have got per_ o!:al: to me, you say it, I won't interrupt you! Dawkins, I uid not interrupt you. I did not interrupt to interrupt you, because you have made this personal. ersc^.al, and I resent it! 36 OCT 2 8 1982 %i NOTE FOR THE RECORD: Mayor Ferre left at 11:30 A.M. Mr. Carollo: No, sir, you have been the one! Well, fine, you can resent it all you want! And you made the statements you made and now I am going to make the statements I want. Mr. Dawkins: As long as you make a statement, I don't mind. Don't make them like we are fighting. Mr. Carollo: Well sir, if anyone has tried to make this personal, it has been yourself for whatever your reasons are. And this particular project, since no one wants to make a resolution to change the previous resolution that was made, that is a dead issue and these people here can go to court and go any- where they want and plead their case, unless there are three members of this Commission that want to overturn their previous resolution that was made. You know, it is very funny. We talked about ... Mr. Dawkins had mentioned be- fore that well, we are doing this because of them. Well, let me tell you something, when that resolution was made by me some months back, every single member of this Commission voted for it immediately. They thought it was a great resolution. When people start changing their minds was when they found out whom it was going to affect. You talk about double standards! Well, if this Commissioner did not feel so strongly and did not have facts like I have on this particular project, I would not be talking the way that I am, nor would I take the actions that I have taken. and anytime that these people would like to divulge the names of the owner that they have hidden in that blind trust, I will be the first to say "Come on in, we will hear the project". But, until that day, they won't get me to be on their side. Now, this is a dead issue. If any other members of the Commission would like to make any additional statements on this, they can do so at this point in time. If not, it is 11:45 A.M., we were on Item Number 7. Item 8 was taken before. Item 9 was withdrawn. Mr. Raymond Seidler: Excuse me, Mr. Vice Mayor... Mr. Carollo: Sir, you are out of order. Mr. Seidler: Dces the applicant have anything to say on Item ?dumber 7, or have you just past it' Mr. Carollo: Sir, I think I made my statements clear. In fact, it was very clear, even before the Mayor left as to the actions this Commission had taken. So you are out of order. If you would like... Mr. Seidler: I think that the record will. reflect that you said we could make a statement or make comment after you had finished saying what you... Mr. Carollo: Sir, let me say this. I don't want you to say that we have prohibited you from making any statements. Make your statement. Can you put a five minute time limit on whatever statement you would like to make. You have five minutes sir, to make a statement and then from there... Mr. Seidler: I would have to object. Five minutes is very difficult to talk about everything that has come before this City Commission and the public in some twenty-five minutes in merely five minutes, but I will do that. "•r. Carollo: I will tell you what. We will break at twelve noon. It is 11:_3 P.M. You can have the whole fifteen minutes if you like, sir. �Ir. Joe Matthews: Mr. ."ice -Mayor, as a point of order. My name is Joe 4:j:.thews. I represent the appellant on Item Number 7. I don't know what - - g,entlemen is going to say, but I believe that Item Number 7, if anything :;c.i:.g to be discussed about it, I am the one who has the burden of coming and )resenting the issue to you. then '-et me sav this. Since we have fourteen minutes left _•c:u ,-,�.n have seven minutes and we are being more than fair I. don't want to discuss the merits of the mo- t[.•e»,: __ all _ am asking. If the merits of the appeal are am asking. If they are not, then I will sit down. 37 00 * 2 8 1962 Mr. Seidler: What I would like to consider are the statements of Mr. McManus. The fee paid to the City of Miami was $131,000. There were five variances and they are asking for four. The allowed number of units is 982. They only ask for 976 units. I think with regard to Mr. Garcia -Pedrosa, I wanted to hand to him a response from Mr. Barrett to his original memorandum. Irre- spective of whether 9419 is passed to prior to the hearing on this particular matter, I believe that the law in Florida is clear with regards to the action of a City Commission in regards to pocket items, moratoriums, and the like. When they are singling out a particular project, which I believe is the case here. I would also like to further state that the Dade Count;: has an ordi- nance in effect which requires disclosure. There is no question about that. I have spoken with Stuart Simon, who is on vacation now in Massachusetts and he informed me ... and Mr. Stanley Price who is an Assistant County Attorney, that when a similar matter to this came up and disclosure was required in the situation of a blind land trust, which is authorized by Section 689.071 of the Florida statute, that by oral amendment the City Attorney said that as long as the applicant states by affidavit that there are no elected members of the City of Miami, or in that case, Dade County, non of the City employees or boar members had any financial interest in the property, that the confi- dentiality granted by 689.071 of the Florida statute, which takes precedence over the City ordinances, should be preserved. And I think that there is a reasopable alternative to what you are requesting here, which will give you exactly the same information that you have requested through your resolution. The question is, does anybody in the City, employees, elected or board members have a financial interest in any matter before the City. And there is no question that you have a right to know that. I would also like to move on to the point of retroactivity, or should I say the application of the reso- lution and or 9419, had it been passed as it regards a zoning matter or zoning variance which was first brought before this City on October of 1981. I would like to hand to... Mr. Carollo: You may hand it to the Clerk. You may give him a copy. Mr. Seidler: I have an original for Mr. Pedrosa so that he can see it. Mr. Carollo: Fine, you give him one also. Mr. Seidler: Based upon a First District Court of Appeals, a very recent case, which is the City of Gainesville vs. G.N.V. Investments, I think that the actions of the City_ of Miami since May 27, 1982 are improper, and I don't believe that the resolution or the proposed ordinance should have any effect upon the zoning variance which is before the City and has been before the City for a long time. In that case, the City of Gainesville decided that they wanted to change a zoning ordinance with regards to shopping cen- ters and whether or not skating rinks could be in certain types of shopping centers. They passed a pocket item, just as this City Commission did, put- ting a moratorium on all building, period. As with the case here, they said we do not want this project to continue until such time as our new changes, be it a zoning ordinance, or being a disclosure under 94.19 could take e,' ect. After the City decided that their moratorium was improperly passed, they then published the item as they have done here. They went ahead and enacted it. It had an effective date of thirty days, because un- der their Charter, as in the City of Miami, the effective date is not until t':irt,r days after passage. They then decided that they would now look at 1,1.ildi.ng permit by G.N'. . was granted the permit as long as they t:j(-r: chi.., skatin,, ring out of the shopping center. They appealed. The Circuit clrt of Appeals, as the first level of appeal, agreed with the owner that _ t the City hac done was to impose upon the owners of the property, new restrictions whit!,. were not in effect at the time that they started their -r:;-ess:. There was no question of vested rights, as Mr. Pedrosa has put memorandum. They simply said that when you rule out an individual i,:snt any wi:fn you do what the City of Miami is attempting to do to this applicant, t!-at that is improper. There is no retroactive effect .t• cr i::a^:e; tl,.ere is no retroactive effect of the resolution. The !; •�:,r•_ the City of Miami long before Vice -Mayor Carollo decided t:':'_s :,rw statute. I think this ordinance should receive a great say a blue panel committee to see if it will in _tsncs, have a substantial effect upon the economy of the that it will. I am prepared to bring other people � J e s presentation with regard to that matter, if the Com- l;.e `:car it at this time. 38 OCT 2 8 1982 to V Mr. Carollo: Sir, I would suggest that you go on with whatever matter you have at this point in time. Mr. Seidler: Well, I would just ask that the City Attorney, in light of the response from Mr. John , review the retroactivity of either the resolution or the proposed 9419, as it affects this particular project. Mr. Carollo: Mr. City Attorney? Mr. Garcia -Pedrosa: Yes, sir? Mr. Carollo: The gentlemen made a statement that he would like for you to go over the information that he has given you, and I am sure that you will. Mr. Garcia -Pedrosa: I will be delighted to do that, Mr. Vice -Mayor. Mr. Seidler: He is not able to respond to the time, is he? Mr. Carollo: Well, why don't you ask him the question again, if you like. Mr. Seidler: Well, he is tied up at the moment. Mr. Carollo: Miller, I want this time to be given to both of the attorneys pro and con on the issue. Mr. Seidler: Mr. City Attorney, in light of the Gainesville G.N.V. case, do you still feel that the resolution and/or the proposed ordinance has retroact- ive applications? Mr. Garcia -Pedrosa: Let me address the Chair if I might, with all respect as I think I must, Mr. Vice -Mayor, I think that the matter of City of Gainesville case, which involved a moratorium is not what we have here. As I have indicated to you, it is my recommendation that this Commission go ahead and hear the appellant and the appellee and make a decision on the appeal, so that the applicant will not be put in a position that the City of Gainesville case involves, and you may wish to grant or deny the variances requested by the applicant, but I think from a procedural legal standpoint, that would be the proper result and I think it would obviate what counsel is pointing out. I have not changed in any way my view as the opinion 82-54, but I can see that the attempts might be made to rely upon a moratorium type of argu- ment on behalf of the applicant. Mr. Seidler: All right, then you are all set? Then we are going to hear it today. Mr. Carollo: Sir, what we are going to do with it, we are going to hear whatever statements you and the attorney that is representing the people opposed to this have to make until noon. When noon hits, this Commission is in recess until 2:00 P.M. in the afternoon. If you have any further state- ments that you want to make, you could then come back, and I will be more ME than happy again to give you additional time so neither you nor the people that are opposed to this would say that we didn't give them the opportunity to rake anv statements. Then you can make your peace. Now, whether any further action is going,to be taken on that, that decision will be made by thLe full Commission when we come back. Mr. Seidler: Well, we would like to start our presentation, but it will take _t_rtainly a lot longer than four minutes. '-Ir. Carollo: ^T.at 1 would like to do at this point in time is to give the attorney some time to make some statements. Joe "atthews: 'fir. Vice -*layer, with respect to the question concerning disclosure - _..e resolution. The appellant was never a part of that in We have never raised that. We have never taken a position with oect t�, thar, so we have, my client, which is Sunset Villas, Phase III, Cor.- .,Ss:i. 7n- Dar'clla Garcia are here -today on the assumption that based ru't,_i..at'_cn :;otice, Item Number 7 was going to be taken up. We n< - : is r_, -'e issue that the City Attorney and Mr. Seidler have n _iscuss ^; :egar.._:,z, the retroactive, or whatever application of that 39 OCT 2 81982 to resolution. As with Commissioner Dawkins, we are most anxious to have our right to show what a terrible project it is, but if the City Attorney's recom- mendation is not to consider the application for variances, we will go home. If you want us to address the appeal and the basis for our appeal from the grant of those variances, I am prepared to do it, but I think that the Planning Board was going to ask permission to clarify something on the agenda and then ' I am prepared to make my presentation. Mr. Carollo: All right, can we have the Planning Board come up and make what- ever clarifications you wanted them to make. Mr. Richard Whipple: Part of the point was made by Mr. Perez at the beginning that our recommendation as listed in the agenda was not correct, that we did not recommend approval of the project, but recommended denial and it that we support the appellant here today with respect to being against the variances granted by the Zoning Board and the variances that were originally petitioned for. Our main concern is one of floor area ratio, that being in excess of what is permitted in R-4 zoning district, which is a maximum of a 1.1, and the request granted by the Zoning Board was a 1.44, which is less than the 1.75 originally petitioned. Not withstanding that, we feel such a request and floor area ratio per se is an item that is in fact, tantamount to the use and is Actually a part of the use and in effect, then, suggests that this in essence could be considered a change of zoning and that it exceeds existing zoning dis- trict and tends toward the intensity that is permitted in other zoning districts. We likewise had a problem with the setbacks and the spacing of buildings and the general intensity of the site. The general intensity at site merits additional comment, as there has been continued concern with the Department. There is the computation of lot area by which are used in determining the floor area ratio. Very quickly, we are talking about a site that is approximately seventeen acres, five acres of which are water, and twelve acres of which are land. It is true that the City at this present time permits this type of calculation, but we did have a problem with this approach before and this to us is a good example of the problem of putting an additional five acres of calculations under twelves acres of site. So, with these brief comments, if you have any questions? Mr. Carollo: 'Ir. Whioole. you know, I have been listening for about two minutes. What does this all have to do with what we have been discussing previously in as far as whether the resolution that was enacted some months back, if it is valid or not? Mr. Whipple: You indicated to me you wanted me to present our recommendations concerning the item and that is what I thought was... Mr. Carollo: No, sir. I thought you had some other information that you wanted to make clear on this subject. Mr. Whipple: Oh, I did want to correct the agenda as far as our recommendation, but I have nothing on the... Mr. Carollo: Okay, well, that is where I thought you were coming from - that cu wanted to get into the agenda, making some other corrections. So, the only correction you would like to make is that instead of what the agenda states, chat the Planning Department recommends approval, is the opposite. The Plan- ..,...,: Department does not recommend approval. �'-. •1i.ip; Le. That is right sir, and I apologize for the other comments. I ':_.. reali—c ,ro n o: It is 12:00 noon now. It has been the policy of this Commission _ break at 12:00 noon, so whatever other statements either of the times t;:at we have here pro and con would like to make, they will have the tc Mahe thee: if they would like, at 2:00 P.M., when we have the C 1: �:0 L''ISSIO:: WENT INTO A BRIEF RECESS, at 12:00 noon, ?.M. with all members of the Commission found to Cc--issioner Perez and 'savor Ferre. 4 OCT 2 8 1982 4' y, t Mr. Carollo: Now that we have a quorum, we will start with the afternoon ses- sion. Instead of discussing the item that we have to finish off in the morning agenda, since the Mayor and another one of the Commissioners is running late, so we are going to hold off any controversial items and start off with whatever items are not controversial, until we have a full quorum, and handle those. 14. CLOSE PORTION OF N.W. 7TH STREET FOR METRORAIL OVERTOWN STATION. Mr. Gary: Start with Item Number 10, Mr. Vice -Mayor. Mr. Carollo: Okay, can we hear from the Planning Department and Staff? Mr. Jack Luft: This is vacation and closure of N. W. 7th Street between the F.E.C. railway and 1st Court. This is a short dead end piece of street that lies square in the center of the Overtown Transit Station site and the request here is closure and vacation to accomodate the construction of the Overtown Transit station. The short yellow street is what we are closing. That is the entrance to the transit station. NOTE FOR THE RECORD: Commissioner Perez entered at 2:27 P.M. Mr. Plummer: That really doesn't even exist today. Mr. Luft: Yes, sir. It is a short piece of paved road. All right, it doesn't go anywhere. It stops at the railroad tracks. Mr. Plummer: I will move it, Mr. Vice -Mayor. Mr. Carollo: Okay. There is a motion. Is there a second? Mr. Perez: Second. Mr. Carollo: There is a motion and a second. hearing no further discussion, may we have roll call? The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-978 A RESOLUTION, CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT POR- TION OF NORTHWEST 7TH STREET LYING WEST OF THE WESTERLY RIGHT-OF-WAY LINE OF METRORAIL (FORMERLY FEC-RIGHT-OF-WAY) AND EAST OF THE EASTERLY RIGHT-OF-WAY LINE OF NORTHWEST 1ST COURT, FOR A DISTANCE OF +150'; AS A CONDI- TION OF APPROVAL OF TENTATIVE PLAT N0.1174 11OVERTOW14 STATION." (here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ` cr. being seconded by Commissioner Perez, the resolution was passed b- : t`:e following vote- ` ':.^n:ssicner Miller J. Dawkins r,'• �.r ssi:Ler ^emet.io Perez, Jr. Plummer, Jr . 41. OCT 2 8 1982 15. CLOSE PORTION OF N. W. 7TH COURT FOR METRORAIL CL'L?ER STATION. Mr. Carollo: Item Number 11. Mr. Luft: Item Number 11 is the same issue. It is the Culmer Transit station at llth Street and 7th Avenue and the road shown in yellow cuts through the ancillary facility and the station concourse and will have to be closed for the construction of the station. Mr. Plummer: Jack, let me ask you a question now. When we vacate and close, we are not conveying any rights of ownership to Dade County? Mr. Luft: I believe we are, yes. That would be their land, their station site. Mr. Gary: It reverts back to ownership. Mr. Plummer: Not necessarily. That is not automatic. I don't think, in the law. No, no, no. This Commission reserves the right. We can close the street and vacate a street without giving up right and title to such. Mr. Percy: If I understand you correctly, Commissioner, you can't vacate a street without closing a street. After a street is officially closed, title reverts back to the abutting property owners. Now, you can close streets to pedestrian traffic and still retain the trusteeship of which the City would hold title. Mr. Plummer: Are you saying that is the case, that it automatically reverts back to the abutting property owners? Mr. Percy: Once a plat of record is recorded, if the street is officially wiped out as a street and the property is shown with new property lines with the abutting property owner. Mr. Plummer: I will accept your opinion, even though I think there is some question as to whether or not it is automatic. It has been understood and unwritten in the law. Let me tell you where I am coming from; I think most of you know. Dade County is going to profit very well by this property. They are going to be getting a great deal of square footage. Now you know, I want to tell you ... excuse me, Mr. Vice -Mayor, but this doesn't directly relate to this. You know, we have been talking to Dade County about some stables for our canine and some property. And you know, those people have moved our facilities out of where we gave them as a stockade, and when we tried to talk to these people about getting some other property that Dade Coun- t_: owns, they don't know us! They didn't want to talk to us. If we didn't eet a busy signal, we got put on hold. Now, I am saying is, cooperation is a twc ws1. street. Sir'. ^.:. :arv: Commissioner, first of all, I think the zoning code will not permit rirr: r,e of trading with regards to zoning matters or closures of streets. However, I would like to inform the Commission that there are some cc.her things t`:at Dade County wishes to do, for example, the utilitization of refugee property as a possibility for expansion of the port, which is more i rcrtant than the downtown metrorail system as well metrorail, and I would su,;>est that we not utilize this vehicle as a leverage, but something else ...Cis as the F.E.C. property. let me tell you something. I want them to fully .::. ..::. art2 picking up a chip. I want them to understand that. i.::..:.T a 'like to further state that every since I have been on :cnstantly hear that the City of Miami has to give to Dade t a damn thing in return. And I am like Plummer. It now they are getting ready to put some houses over 42 OCT 2 8 1982 there in the Black neighborhood that I don't want, the people don't want, and yet, and still, they tell me that they have a right to put them over there and then they come before us and they want something which you say ... and that is another thing that puzzles me - 1 have never sat on a Commission in so many times and I hear where the City Commissioners can't do nothing. Mr. Plummer: For the record, Mr. City Manager, I want you to understand that I am going to vote for this, but I want your people to establish how much... Mr. Dawkins: (INAUDIBLE - OFF MICROPHONE) Mr. Plummer: Your people aren't his people? (INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mr. Plummer: Boy, that leaves this Gringo right in the middle, I will tell you. All I want, Mr. Gary, is that it be established by your people of how many square feet they are getting and what the approximate value is so that the day comes that I have got to remind them, I want to be able to go with full guns. Mr. Dawkins: Moved. Mr. Plummer: Second. Mr. Carol)o: Roll call. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 82-979 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT POR- TION OF NORTHWEST 7TH COURT LYING +28' TO +224' NORTH OF THE INTERSECTION WITH NORTH - VEST 11TH STREET FOR A DISTANCE OF + 198'; THAT PORTION OF NORTHWEST 8TH AVENUE LYING +16' TO +186' NORTH OF THE INTERSECTION 'PITH NORTHWEST 11TH STREET FOR A DISTANCE OF +170'; AND PORTION OF NORTHWEST 11TH STREET ROAD LYING +16' TO +231' NORTH OF THE INTERSECTION WITH NORTHWEST 11TH STREET FOR A DISTANCE OF +215'; ALL AS A CONDITION OF • APPROVAL OF TERTATIVE PLAT #1168 "CULNER STATION." (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Co=issioner Plummer, the resolution was passed and adopted by the following vote - Commissioner *filler J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo None �?S-, : Mavcr Maurice A. Terre M,-- P 7 umner: :'cw, `ir. ':ice-llayor, while we are on that same subject, and there are PTObabI7 Soz,e people here from Dade County, Mr. Gary, if I am not Wistai:e.n, scmebod7 has aDened a road over our property at F.E.C. on Biscayne 7cuie.ard. I:. aas just been opened up to allow vehicular traffic to go over tj in t.1le cuteuc. :he road is so new, it is still dirt. 'a�• We='-' �: yc,,. will recall, Commissioner, the City Commission authori- sec -p a it ta=porary parking facility in that area, because most j.t ;,:_ r,c; dr-- C. ,T s nE-ec a road. 663 nr1 r) q 1982 16 Mr. Carolio: Mr. Manager, you were saying...? Mr. Gary: Vice -Mayor, we would also do that for the land that we have con- veyed to Dade County up to now for mass transit, so you get a total picture of what we have contributed. NOTE FOR THE RECORD: Mavor Ferre entered at 2:33 P.M. NOTE FOR THE RECORD: A presentation by the Puerto Rican Festival of Wynwood was made to the City Commission. 16. MAYOR FERRE ANNOUNCES THE DEATH OF DICK KNIGHT AND A 210HENT OF SILE;;T PRAYER WAS OBSERVED. Mayor Ferre: Ladies and Gentlemen, on the non-scheduled items here, we have just had the bad news of the passing one-half hour ago of a very close, good friend of many of us here in this community and certainly in the City of Miami. I am talking about Dick Knight. I have just heard that he passed away about an hour ago in the hospital, and I would like for all of you to rise with the Com- mission in a moment of silent prayer for our friend, Dick Knight. God rest his soul. 17. :110TION OF I1,TE:7: TO CHANGE IHE WORDING ON SECTION 1 ON CHARTER A.`ET:1E:,T NU''3ER 1. Mayor Ferre: Mr. Garcia -Pedrosa? Is the City -Attorney around? Mr. Manager, maybe you can help me go through these things. The first one is an ordinance "that the City Manager be required to set forth reasons in its written findings on competitive sealed bidding not practicr]-arid not advantageous": This comes from different people. One of them is Mr. Ron Frazier. Another one is Mr. David Weaver and basically it is the Chamber of Commerce. They have asked us to amend the following things. They asked us in the first section, Section 1, to add the words "which shall contain reason supporting his conclusions." In oth2- words, it would then read "not withstanding the foregoing, the Manager may waive competitive sealed bidding methods by making a written finding" and then add "which shall contain reasons supporting his conclusions". In other words, it isn't enough that he sent us notice, he has to give us reason. I am _ sure that is not objectionable. Do you have any objection to that, Joe? The second amendment is at the end of it and it adds the following: "The City Mana- ger or his designee shall be responsible for developing a minority procurement procram as ::av be prescribed by ordinance and permitted by law in conjunction wzt`l the award of contract for unified development projects". Mr. Manager, is that acceptable to you? `Ir. 'mar,:: ''es, sir. !�avcr Ferre: Now, in other words, Miller and Joe, in the ordinance we will have- ' refine what the requirements are. What this does, it inserts "that the City `Manager or his designee small be responsible for developing a minority procure- ment program". And then in the ordinance we deal with the specifics of that. Any objections to that? Joe? J. T., any objections to that'. ".r. ""_.:r.= er: Die gLesticn I have to ask is up until what figure? :.�j..,r is decided on by ordinance, J. L. All this does is it inserts cka:•' And it says in the future we will deal with that. It =.. »t-::•• ', tf:lrt`., it may be fifty percent. That is up to the 4 OCT 2 8 1982 r 0 Mr. Plummer: Well, you know, Mr. Mayor, I am well aware that any ordinance has to be uniformly applied across the board, and I am in full accord as it relates to minority contracters, but I have some great reservations as it relates to other bidding procedures in this City. It does not speak to construction. Mayor Ferre: That is why, Mr. Plummer, it was left somewhat loose. It says "The Manager shall be responsible for developing a minority procurement program". So, in other words, the Manager is now forced to come up with a minority pro- curement program and we are forced to deal with it and I think.... Mr. Plummer: I have no problem with... Mayor Ferre: .... the insertion of this is something that Mr. Ron Frazier re- quested on behalf of the Miami Chamber of Commerce. It was also adopted by Greater Miami Chamber of Commerce and Mr. David Weaver called me and said that this had the backing of the full... so it has both Chamber of Commerce's backing. Mr. Plummer: But then I have to question why is it an ordinance which makes it in fact a law? Mavor Ferre: That is correct. That is exactly what Mr. Frazier wanted. He says it wants it in here so that we have to deal with it. Mr. Gary: (INAUDIBLE) Mr. Plummer: Well, you know, my problem still remains that you are asking me or this Commission to pass an ordinance with no figures set into it. You are asking me...I don't understand why it wouldn't be in the form of a resolution directing the City Manager to come forth by a certain date. Mayor Ferre: Because, this is going to go into the Charter and if you put it in this way, you are chiseling it in stone and the only way you can change it is by the changing the Charter again. Mr. Plummer: Then, I think what you have got do is you have got to complete it if you are going to chisel it in stone. Mayor Ferre: You can't complete it, because as you have pointed out, there may be variations on it and you have to have faith in the City Manager and this and future Commissions will be dealing with it faithfully. All that it does it that it makes the Manager have to deal with it, but it doesn't prescribe how the Manager deals with it. That is something that we will have to deal with in the ordinance. Mr. Plummer: Well, this is the ordinance. Mavor Terre: Yes, sir. This is the enabling ordinance that will... all right, Mr. Garcia -Pedrosa. Mr. Garcia -Pedrosa: Yes, maybe there is a confusion here, Mr. Mayor. This is just an amendment to the Charter Amendment Number 1, Mr. Plummer. The imple- menting ordinance will be adopted by this Commission, presumably after Charter Amendment Number 1 passes on November 2nd. Mayor Fe -re: But the point I am trying to make to you, Mr. Garcia -Pedrosa is t at is the ordinance that the electorate is going to be voting on. If the t, cc:torate-of Miami vctes on this, it is chiseled in stone. That is why Mr. Vr:izier and the Greater Miami Chamber want to put it in here. Now, what the sp: i.ics are of how we deal with that, that he is leaving up to us, beyond - '.c­:ember 2nd, ok" ?...this Co=ission and this Manager will deal with that. Mr. Ma. o:, 1 i,ad the opportunity of talking to Mr. Frazier and Mr. .e r Dne of ccncerns that they had, particularly as it relates to the _....rig ._-gram t},F 31ack participation part, and they felt that they c=r. roc iAir. _.^r.:ices Before for participation, but it did not occur '.c cte Wc:s L -n. What this attempts to do is to insure that it is _ :t,, t::e . i; -ter that minorities will participate in unified munt:, r::,- s, : c::...� Of which is to be developed by an ordinance after 45 ay_ OCT 2 8 1982 Mr. Plummer: Mr. Gary, I don't have to justify my record of voting for minor- ity contractors and minority participation. I just merely want to state for the record that I do have a problem on any ordinance that will be used uniformly wide that it changes our bidding procedures without the ordinance being complete. I have got a problem with that, I want to tell you. Mayor Ferre: The ordinance will be complete in the specifics once this is adop- ted on November 2nd, we have an enabling ordinance to deal with. This is not the enabling ordinance. There are two ordinances. One is the one that we are voting on on November 2nd and it says it shall be done, okay? I'm not a law- yer, but you know and in constitutional law, lawyers are always telling...they used to tell me when I was a legislator, you cannot put that into the consti- tution because that is statutory, that is something that you do by law. Now what we are dealing with today is with our constitution, which is the City Charter. That is our constitution. And what we are doing is, we are putting the burden on the Manager and this Commission to come up with a plan, but we are not specifying the plan, because five years from now, or ten years from now, things may change and the City Manager and the City Commission then will have to deal with it. Mr. Plummer: Then am I to understand if I vote favorably for this ordinance, that no contracts, or this will not be applied until such a plan has been approved by this Commission? Mayor Ferre: Of course! Mr. Plummer: Okay. Mayer Ferre: It has to be an enabling act after this. Mr. Plummer: I can live with that. Mayor Ferre: Okay, will somebody now move these two amendments? Mr. Carollo: Moved. Mayor Ferre: All right, Carollo moves. Is there a second. Mr. Perez: Second. "Savor Ferre: Perez seconds on both of these amendments. Call the roll on the amendments. THEREUPON, on motion duly made and seconded, the City Commission passed and adopted the the motion of intent to incorporate the previously dis- cussed amendments by the following vete: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor '.Maurice A. Ferre .IC .S : ;:c.ne C u 1',ANC 9 f 0 : AMEN'= VERSION OF CP -%RTER A11ENDJ1E:,T wi..) wants to move the ordinance as amended? r • t S F� 46 t t r' t f TT ix t+b�j 2i y-• ', � '.. } ♦ ! sr _ t ` Ms yTfi9' � y OCT 2 8 1982 Mayor Ferre: Plummer moves. Is there a second. Mr. Carollo: Second. Mayor Ferre: Carollo seconds. Mr. Garcia -Pedrosa! Mr. Garcia -Pedrosa: This is an emergency ordinance, Mr. Mayor. I think you want to place on the record the fact that the emergency exists because of the November 2nd vote. There is not enough time for the Commission to go through the normal procedure and have this Charter Amendment changed before November 2nd. Mayor Ferre: Right. Let the record reflect that this is a matter of serious and grave concern for the City, that the election of November 2nd might be in jeopardy if we don't change this, that this is something we should have thought about on our own before. It has been brought our attention we have no time between now and November 2nd unless we do this as an emergency, there- fore; as the Mayor of the City of Miami, I declare this to be an emergency matter. Okay, now, does that comply with the law? Mr. Garcia -Pedrosa: Yes, sir. Mayor Ferre: All right, is there issue? All right, hearing none, Carollo. Read the ordinance. AN ORDINANCE ENTITLED: anybody here who wishes to speak on this it has been moved by Plummer, seconded by AN EMERGENCY ORDINANCE AMENDING SECTION 2 OF PROPOSED CITY CHARTER AMENDMENT NO. 1, KNOWN AS ORDINANCE NO. 9489, ADOPTED SEPTEMBER 17, 1982, PROVIDING THAT THE CITY MANAGER BE REQUIRED TO SET FORTH REASONS IN HIS WRITTEN FINDING THAT COMPETITIVE SEALED BIDDING IS NOT PRACTICABLE OR IS NOT ADVANTAGEOUS TO THE CITY WHERE CONTRACTS ARE TO BE AWARDED FOR THE CITY'S PROCUREMENT OF PERSONAL PROP- ERTY; FURTHER PROVIDING THAT THE CITY MANAGER OR HIS DESIGNEE SHALL BE RESPONSIBLE FOR DEVELOPING A MINORITY PROCUREMENT PROGRAM AS MAY BE PRESCRIBED BY ORDINANCE AND PERMITTED BY LAW IN CONJUNCTION WITH THE AWARD OF CON- TRACTS FOR UNIFIED DEVELOPMENT PROJECTS; PROVIDING FOR SEVERABILITY; PROVIDING THAT IN ALL OTHER RESPECTS ORDINANCE NO. 9489 REMAINS UNCHANGED. Was introduced by Commissioner Plummer, and seconded by Vice -Mayor Carollo for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the _following vote: ;YES. Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre (' None 'Whereupcn the Co=ission on motion of Commissioner Plummer, and b 7ice-Mayer Carollo, adopted said Ordinance by the following ratr OCT 2 8 198; No AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None ABSENT: None SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9507 The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the -City -Commission and to the public. 19. RESCI;'D RESOLUTION 82-852 BOUNDARIES CO"Z'ITTEE AND APPOINT A PERM.AN-ENT BOUNDARIES CO?DIITTEE I::SIRL.CTIi+G THE CO:R:ITTEE TC REPORT PRIOR TO THE NOVE:MER 2ND ELECTIO:L. Mayor Ferre: All right, Mr. Plummer, we have a legal problem here. I want you to follow me on this, because... Mr. Plummer: Which item are you speaking to? Mayor Ferre: A pocket item and this is something that you are the author of. Mr. Plummer: All right. Mayor Ferre: We passed an ordinance to make the boundaries committee's report binding and -final on this Commission before November 2nd. That was at vour insistance. We technically forgot to change the resolution, okay? We changed the ordinance, but we didn't change the resolution. Now, although the ordinance has precedence over the resolution, to play it totally safe, we should change the resolution. So, in effect, what this does, is, this does what you want it, and you offered in a motion in the ordinance, and we amended the ordinance. Now, and the reason (and I want to apologize to my friend Miller) because there was confusion. I was in Washington for those first two hearings. I didn't get to the hearings. Then when I came into town, Garcia -Pedrosa had found the mistake. He had made his reading based on the resolution, so that the statement that you had made at the Caleb Center was accurate, because it was based on what the City Attorney had said, but it turned out that the City Attorney had not looked at the conflict bet.,een the ordinance and now this corrects that difference and it corrects the resolution, since we have already corrected the ordinance. In oti.er words, this is just a housekeeping thing and I apologize for the misunder- standine on that issue. it is my fault and it is the City Attorney's fault. it has been moved, is there a second'. 'fir. :)erec, Second. Ferre:- Second Perez. Further discussion on the resolution? This is resrl:jtion rescind'_n;� resolution number 82-852 which appointed an interim bound- _ pries committee and instructed it to report tentative and proposed boundaries, and ..ppointing a permanent boundaries committee and instructing said boundaries cc:�:ittee to report on perWar.ent boundaries Drior to the November 2, 1982 el ,ction. ')iscussion' %'a -:or. I mean, I have no nroblem with the change. My t:;.It twice I asked the chairperson for a reading on what you . r :.--.• •-•,-• t»i, t: Clt: Attornev cave me the same reading and then at the all o. a sudden we find that he is in error. I would ::t 'i::e »cold not be Dut in a Dosition where I am arguing against or because my City Attorney tells me that is what's -te on that? Call tile roll. 48 OCT 2 8 1982 f.. Li 16 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-980 A RESOLUTION RESCINDING RESOLUTION NO. 82-852, WHICH APPOINTED AN INTERIM BL`v'DARIES COMMITTEE AN'D INSTRUCTED IT TO REPORT TENTATIVE AND PROPOSED BOUNDARIES: APPOINTING A PERMANENT BOUNDARIES COMMITTEE; AND INSTRUCTING SAID BOLfi'DARIES COMMITTEE TO REPORT ON PERMANENT BOUNDARIES PRIOR TO THE NOVEMBER 2, 1982 ELECTION. (Here follows body of resolution, omitted here and on file in the Office of the Citv Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez. Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None ■ ABSENT: None 20. AUTHORIZE CITY MA:'AGER TO E::LCUTE RELEASES I;IT11 RESP;.CT TO SLTTLF-"-[E::T OF CLAI:iS ::CT TO E:.CEED S4,500. *savor Ferre: Now this is a resolution authorizing the City Manager or his designee to execute releases on behalf of the City of Miami with respect to settlement of claims by or against the City of Miami in an amount not to ex- ceed $4.500, and upon the approval of the City Attornev. Mr. Manager. do you recommend this? Mr. Gary: Yes, sir. I am in accord with it. Mayor Ferre: This is for the settlement of claims. Mr. Garcia -Pedrosa, do you recommend this? Mr. Garcia -Pedrosa: Yes, sir. ".aver Ferre: An,; discussion on it? Is there a motion? Mr. Plu=er. So moved. Ferre-: Moved 'a- Plu=er. Is there a second? .r. Perez: Second. r Ferre: Second 'D erez. Further discussion? Call the roll. ;':u _olluwinc resolution was introduced by Commissioner Plummer, who RrSOL;,'TICN NO. 82-981 A�:T:-:ORI"I:;G THE CITY MANAGER OR HIS DESIGNEE TO Rr_':.I:;: ES C.; 3E':IAi.F OF THE CITY OF MIAMI WITH RESPECT OF CLAIMS BY OR AGAINST THE CITY OF MI MI T TO ..:CEEC 54,500, A,'•H) UPON THE APPROVAL OF _.._. AT_" ._. 49 OCT 2 8 1982 0 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez. Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo - Mayor Maurice A. Ferre NOES: None ABSENT: None 21. FIRST READING ORDINANCE: PROHIBIT THE USE OF CABLE T.V. FOR DISTRIBUTION OF OBSCENE OR I:\-DECZNT MATERIAL. Mayor Ferre: Now, the next item is the auestion of an ordinance prohibiting the use of cable television for distribution of obscene or indecent material. defining terms and providing for sanctions and so on. Now, I would like to clarify so that we have no misunderstanding on this. Please, I don't mean to lecture anybody, but I will do this as quickly as I can. In the first place, this is not in any way, in my opinion, censorship, because it is post facto. In other words, all we are doing is, we are establishing a procedure in which after the material is shown on cable television, there is a way of making a judicial decision as to whether or not what is being shown is number one, ei- ther obscenE er two, indecent. Now, there is a lot of legal work, and I am not a constitutional lawyer and I am not going to go through it, but recently the Supreme Court of the United States. the Miller case, made some very. very specific decisions with regards to the definition of obscene material. Secondly, another case called the Pacifica case, the Surpreme Court recently made some decisions in dealing with indecency and indecent exposure. Now, what we are doing is, we are traveling on those two Supreme Court rulings and we are not in any way violating the First Amendment. There is no censorship involvedt there is no denial of the right of free speech, other than that as described as legal and constitutional by the Supreme Court of the United States in a re- cent ruling. Now, we think that we are traveling on sound, conservative, con- stitutional legal grounds. The main thrust of what we are doing here. is based on the vote of the electorate of Miami in the September election. We are for.=alizinh a procedure. Now, this is on first reading. I would like to sav that there will be a second reading, at which time there will be a full- fled�ed total, big, public hearing. Now, this is based on the premise that we are loins to have an election. J. L., I want you to listen to this particularly, '�e.r.ause 1 know that this is a problem with you. This is based on the premise that we are going to have an election on the 14th day of December. What I am ling to triple safeguard this against attacks by lawyers or constitutional law%ers before: the Supreme Court, and I am sure this will end up there, is tc; take it bne more time back to the people of Miami and let the people of „iami one more time give us a ruling on this. I am confident the people of Mi ii will overwhelmins:ly vote for this, because this has been carefully ti;rcught out and it is proper and it etablishes the standards of this community, wi-:itn is what the Supreme Court told us to do. To approach this thing we are u=ino all of the words in the Supreme Court ruling under the definition of both acd i; decent^ ant we are tracking the Supreme Court language. Nowt :::ere is no election on December 14th, and I hope there is no election - c� that this ane-cent sales tax passes next Tuesday. but if it doesn't rict Gass, then we would have a public hearing before December is this is adopted, the people of Miami will have a change to 1.;tip. Now lastly, let me say - "Why are we doing it today?" ..t b,-cause under the law, we have to advertise and have t::rugn the process. if we don't do it today, we cannot OCT 28 1982 lb out in on the ballot on December 14th. I would like to get it on the ballot on necember 14th if we have an election, because frankly. I'd like to get this behind us, one way or the other. If the Deovle don't want it, that is fine. If the people want it, I want to get this behind us and Just put this away and the decision one way or the other by the people of Miami. I am bound, and I commit myself publicly that if there is no December 14th, I will vote not to bring this um for second reading. There won't be a Dublic hearing and we will just leave it in in abeyance. We will vote it down or amend it to put it off until the next election or whatever, but it will not ... Miller, what I am saying is, that we will not have a special election on December 14th Just for this. I think that would be unfair to casue the taxpayers to have to spend over $100,000 Just to vote on this, and with that, I offer it as an ordinance. 1 pass the gavel to Joe. Mr. Carollo: There is a motion. Is there a second? Mr. Plummer: Second. Mr. Carollo: There is a motion and a second. Is there any further discussion? Hearing none, could we have roll call? AN ORDINANCE ENTITLED - AN ORDINANCE PROHIBITING THE USE OF CABLE TELEVISION FOR DISTRIBUTION OF OBSCEINE OR INDECENT MATERIAL. DEFINING TERMS, PROVIDING FOR SANCTIONS FOR VIOLATIONS OF SAID PROHIBITION. PROVIDING FOR A PROCEDURE FOR IMPOSING SUCH SANCTIONS, AND CONTAINING A SEVERABILITY CLAUSE AND AN ■ EFFECTIVE DATE C0IN1NGENT UPON APPROVAL BY THE ELECTORS OF THE CITY OF MIAM1. Was introduced by Ma-jor Ferre and seconded by Commissioner Plummer and passed on its first reading by title by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None ABSENT: None The City Attornev 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 Dublic. Xavor Ferre: All right now, Mr. Manager, juot so that we don't have anybody saying that we didn't Rive ... I am sure the n—ess will cover it. but would vcur cffice and the Citv Attornev's office sure that the American Civil Liberties Union, that Joel Hirschorn, the a' ,-,-ney for the Pussy Cat Theatre and everybody else - the people from cable television; Americable, T.C.I., all interested parties are properlv informed that we are going to have a Dub- lic hearing, they are welcome to testify. We will have to set the date for it. `•:r. tv Attorney:, what was the date we were going to set for it? `!r. Garcia -Pedrosa: November 4 at 6:00 P.M. ':, r Terre: Does ar.vbccv have any objections to that? Does anybody have any 51 OCT 2 8 1982 0 22. RESOLUTION CALLIi+G AND PROVIDING FOP, SPECIAL tfL'14ICIPAL ELECTION DECE.MER 14TH PROHIBITING OBSCENE MATERIALS TO BE TRANSMITTED ON CABLE T.V. Mayor Ferre: There is a resolution Droviding for a special election. Mr. Plummer: We have already done this. We get it for the Denny sales tax, my friend. Mayor Ferre: But, you have to do it for this, otherwise you can't put it on the ballot. Mr. Ongie: Yes, but you have to do it for this. Mayor Ferre: You have to do it for this, otherwise you can't put it on the ballot. Mr. Ongie: You have to have a separate one for this Mayor Ferre: Which we can always rescind on November 4th. Is there a motion? Mr. Plummer: So moved; Mayor Ferre: Plummer moves. Is there a second? Mr. Perez: Second. Mayor Ferre: Second by Perez. Further discussion. Now, let the record re- flect - now you speak all for yourselves. but that if there is no election December 14th. we will then have to rescind this resolution. Okay, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-982 A RESOLUTION CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 14TH DAY OF DECEMBER, 1982, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI FOR THEIR APPROVAL OR DISAPPROVAL THE ENACTMENT OF ORDINANCE NO. , WHICH PROHIBITS THE USE OF CABLE TELEVISION FOR DISTRIBU- TION OF OBSCENE OR INDECENT MATERIAL, DEFINES TERMS, PROVIDES SANCTIONS FOR VIOLATIONS OF SAID PROHIBITION, PROVIDES A PROCEDURE FOR IMPOSING SUCH SANCTIONS, AND CONTAINS A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE CONTINGENT UPON APPROVAL BY THE ELECTORS OF THE CITY OF MIAMI. (!-sere follows body of resolution, omitted here and on rile in the Office of the City Clerk.) Upon being seconded by Commissioner Perez. the resolution was passed anc ,dcpted by the following vote - Ai i:.: Co=Lissioner *filler J. Dawkins Co=issicmer Demetrio Perez, Jr. C,- ,issioner J. L. Plummer, Jr. t Vice --Mayor Joe Carollo Savor Maurice A. Ferre ';OES: None Ncr,2 2 OCT 2 8 1982 ft 0 NOTE FOR THE RECORD: If no other election is held on December 14th, 1982. this ordinance and resolution calline for this election on December 14th will be rescinded. 23. FIRST READING ORDINAE.CE: CREATING AND ES=ABLISHING THE t1IAMI SPORTS AUTHORITY. Mayor Ferre: Now we have an ordinance and I don't have it before me, Mr. Garcia - Pedrosa about the Sports Authority. Let me explain briefly what this is. The State Legislature, when it met and Dassed a law this svring, did not include the cities in it, so in effect, legally, only counties can make sports auth- orities. Now, the Droblem with that is, that the way the legislation reads, it gives a lot of fairly broad Dowers and I think it is very convenient to have a sports authority and the only way we can get a sports authority technically. (there mar• be other ways (f doing it) but. the cleanest, simplest way is 53 OCT 2 8 1982 _11.i%4;t .! "i_ ._. 6 0 :Mayor Ferre: (Cont'd) by us adopting the creation of a Sports Authority and having the County Commission name us, in other words,the Miami Soort.q as "The Sports Authority". Ncw, the way this thing reads, it has a board of eight members of which we appoint felir and the County appoints four and the -reason we put that is Number one, because they have to create it and Nur+ber two, because vnu will see in the ene, you will see that they have to match us with money, in other words, if we come up with $100,00b,000.... Do you follow me, Joe? If we come up with $100,000,000 they have to come up with $100,000,000 and we're going to give them 20 years to do it, and I'll be very open about what the intention of that is, is that as you know this is going to have an operating deficit. Obviously a stadium, a coliseum, a football stadium will have an operating deficit. I would assume that Metropolitan Dade County through the TDC and other funds would provide some of those deficits until they match what we have put up. And I think that way we would be assured that the Sports Authority would not be a bur- den to the taxpayers of the City of Miami other than the One Cent Sales Tax. Now, the second thing that this provides is that if there should be a tie with an eight member board that the Governor then would designate an honorary non -voting member, non -assisting member who would only come into play whenever there is a tie. And if you have a better proposal, let me know what it is. The third thing that happens in here is this: That since we're going to be using millions of dollars of County dollars and more and more as the years go by, the City has control in effect, since the budgets and everything has to come through this Commission rather than the County Commission, but out of fairness to the County, J. L., so that they don't feel that they have been left out, that they would have 30 days to veto anything that we've done here and that gives them the right = to kick up a fuss if they see that we've done something that they don't think is right since they're putting up the money. Now, the last thing... Mr. Plummer: And also they will have four representatives. Mayor Ferre: Yes, but you know a lot of times those four representatives, you know how these boards are, we appointed one to the Sports Authority who has voted against the interests of the City of Miami almost consistently, and you know who I'm talking about, so you never know on these things. Now the last thing that this does is there is a clause in here about minor- tiy, oh no, this is not the one. Is this the one where there is minority participation? Mr. Garcia Pedrosa: No, sir, that's on the Sales Tax. !Mayor Ferre: All right, now, other than that, my request of the City Attor- nev was for him to take the County Sports Authority, sit down with Rick Horrow and the drafter of this document and to parallel and copy it word for words so that when we go up before the County who has to approve this we car, say this is basically your document with these changes and improve- ments. Now, '•L. Ci`_y. Attorney, have I covered it all? Mr. Garcia- ecrosa: Yes, sir, I think you have. :Mr . e r : : move _ _ . :�awkl..S. der disc,:ssicn, I'll second it under discussion. r . __re. _};ay, ge ahead, Mr. Dawkins. .awniRs. (B; -,ual__.cations: Each member of the Authority shall be .,Iv .ualified e'_ectcr of the City of :Miami. Does that mean that the Cz:=issiLr. will he forced to appoint members who reside in the City - Um I -- ---re. : _ t -,nk so. so = don't think it is mandatory. M.: _ would have to appoint people that are - on_v going by what we have here now, it says OCT 2 8 1982 - 54 r y$ >.fi -+.i Mr. Garcia -Pedrosa: Commissioner, the way it is drafted, that is correct, sir. Mayor Ferre: I will tell you, You will never eet the County to accept that. so You had better change that. Now look, this is on first reading and I would ask for You to read this carefully. Mr. Garcia -Pedrosa, I would like for you to go see your counter -part at the County, Bob Ginsburg, and I would like for Mr. Rick Horrow, Mr. Manager, to act as liaison between you and Merritt Stier- heim who should be back in the next few days to make sure that they add any changes that they want on second reading, because obviously, we need to have a document that they are not going to blast out of the water, because other- wise, this is just a waste of time. Now, I want to tell you what ... and I am not threatening the County, so please, do not misunderstand, because I am sure the press is going to make a big thing about this. I am not trying to sabotage the November 2nd election. The only reason we are doing this is because legally this has to be done before the 14th of December again and secondly, because I think this is the cleanest way to do it. We don't want to go playing games with the County. We are doing this up front and clean. There are other ways for the City to solve this problem. If the County doesn't want to play ball, we can still find other ways of doing this, if we are the recipient of that sales tax after December 14th. Starting January 1st through December 31st of '83, we will probably get in excess of $50,000,000 if this thing passes and at that point, I am just trying to make it very clear so that it is clearly understood that we have other avenues and vehicles to travel on. We do not have to do it this way, but I think that it is in the best interest of this community if the County and the City cooperate in building the new colesium and the new stadium and the new amphitheatre, etcetera. Okay. are there any questions on this ordinance on first reading only? All right, when will the second reading be, Mr. Garcia -Pedrosa? Mr. Garcia -Pedrosa: November loth, Mr. Mayor. Mayor Ferre: So it is after the November 2nd election? Mr. Garcia -Pedrosa: Yes, sir. Mayor Ferre: All right, and obviously, again, for the record, if the one Penny sales tax passes in the County, then there is no need to do this and we don't need to have the second reading. Mr. Garcia -Pedrosa: That is correct, sir. Mayor Ferre: Okay. Mr. Dawkins: But, we don't have any guarantee from them, Mr. Mayor that they are going to be as generous as us, that they are going to give us somebody on the Sports Authority? Any number? (INAUDIBLE BACKGRO U10M CO`_ENT NOT PLACED INTO THE PUBLIC RECORD) Mayor Terre: All right further discussion? Read the ordinance. AN ORDINAL-CE ENTITLED - A ORDINANCE OF THE CITY OF MIAMI COMMIS- -SION CREATING AND ESTABLISHING THE MIAMI SPORTS AUTHORITY; PROVIDING FOR A GOVERN— ING BODY; PROVIDING FOR QUALIFICATIONS OF MEMBERS; PROVIDING FOR THE APPOINTMENT ?)ND REMOVAL OF MEMBERS; PROVIDING FOR THE ORGANIZATION OF THE AUTHORITY; PROVIDING POWERS, PURPOSES AND DUTIES OF THE AUTHORITY; PROVIDING FOR APPOINTMENT, TERM, QUALIFICATIONS, COMPENSATION, GENERAL POWERS AND RESPONSIBILITIES OF 'THE DIRECTOR; PROVIDING FOR PROVISION OF LEGAL COUNSEL; PROVIDING FOR MATCHING CONTRIBUTIONS; AND PROVIDING SEVER — ABILITY, INCLUSION IN THE CODE, AND AN EFF E C-TIVE DATE. 55 0C•i 2 8 1982 Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and passed on its first reading by title by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetric Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo 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. Mayor Ferre: All right, now look, Mr. Garcia -Pedrosa, I think Commissioner Dawkins iust opened the thing up and picked up a very important thing here. There may be others, so I think it is really incumbent upon you and the Manager to read this thing carefully and to come back way before November loth if you have any other changes that you want to come up with and I recommend that you have Jack and Walter and Cesar Odio - I don't know who else to get four or five people. Vince ought to read this thing, you know, we put all our collective.... Mr. Plummer: (INAUDIBLE, OFF MICROPHONE) Mayor Ferre: Yes, we ought to get Rick Horrow, we ought to get all of the collective minds, you know, to make sure that we don't make any mistakes on this, because...I mean, we are going to have to make some very quick decisions before December 14th if this thing should be go. 2 +. SECOND RF.ADI:;G ORDINANCE: ADDITIONAL OIN CENT SALES TA.y ELECTION TO BE HELD DECa!BEF 14, 19-J2 AND RESOLUTION CALLING SUCH ELECTION. Mayor Ferre: Okay, now we have a resolution - Mr. City Attorney, what else do we have? Mr. Garcia -Pedrosa: Mr. Mayor, I don't know if you want to do the resolution on the election for the one cent sales tax, which must be redone, because the title has changed. Now... Mzr;or Ferre: Would you read it, because I have so many papers here, I don't know which one is which now. ':r. 6arc',a-edrosa: All right, sir. :-ivor Terre: A resolution calling providing for a special municipal election, :hint the one, To be held on the 14th of December? (Garcis-i'e:irosa: Yes, sir, the problem is that you might want to take up ._� '.umber 22, which relates to it, together with it. I'll pass the resolu- ;::ion out now. Item Number 22, Mr. Mayor, is the second reading of the one 7. t:nt. sales tax and there are some changes, therefore, the resolution that You re-L�rred to a mcment ago calling for the December 14th election must also be :::sled, because the title has changed. I could explain it to you what the _....Les are 4the.. is the cne where we simplify the thing? _-. _._-P - _c_ sa: sir . saying :5,000 seats, we just said an Orange Bowl, that? Ds OCT 2 8 1982 6 Mr. Garcia -Pedrosa: Yes, there are three changes, Mr. Mayor. Mayor Ferre: All right, well, describe them. Mr. Garcia -Pedrosa: The expenditure of the proceeds that you just indicated has been vastly simplified to provide ... we are passing out now, Mr. Mayor the expenditure of the proceeds which used to specify how mnav seats and so forth would be constructed at various places like the Orange Bowl have now been simplified at Page 3. At the bottom of the page in Section 2 provided more general terms what themoney will be usdd for. Mayor Ferre: Read it into the record so we don't have any doubts. Mr. Garcia -Pedrosa: "Section 2, as provided in the Act and subject to the ap- proval of the majority of those qualified electors in the City voting in the referendum, the proceeds of the tax authorized in Section 1 of this ordinance and the interest accrued thereto shall be expended within the City of Miami to pay all or a portion of the cost of A) re urbishing the Orange Bowl or construct- ing a football stadium at or near the Orange Bowl site and/or B) construction of a coliseum and/or exhibition hall in the downtown area and/or C) construction of a multi -purpose sports facility to accomodate football and/or baseball and/or basketball and/or hockey and/or other recreational activities at an alternate location and/or D) construction of an outdoor bayfront amphitheatre which will serve as a memorial to the late Ceasar Lamonica". Mr. Plummer: Yes, but you are missing one big thing in there that was Ferre's motion, that they were to be in the priority that "C" and "D" could not be addressed until "A" and "B" were fully completed. That was part of his resolu- tion. *savor Ferre: Yes, but see, the problem is, and I think Jose talked me out of it on a legal basis and he says on all these things of this nature, J. L., that the tighter you build the ring around it, and then you get into what I call the ... what is the name of that fellow up in New York that always gives us problems with the bonds.... Mr. Plummer: Guandolo. Mayor Ferre: .... Guandolo syndrome. In other words, he built such a tight noose around it that you can't move a quarter of an inch away from it. Mr. Plummer: Well, Mr. Mayor, let me tell you what my problem is. The Orange Bowl is important, and sports is important. But, I think lust as important to this community at the present time is this great need to implement a coliseum. i.e. exhibition hall. There is a tremendous need and it has been shown during the recent A.S.T.A. convention. Mayor Ferre: J. L., to simplify and cut through, I agree with you and if you want to put it in that way, Mr. City Attorney, at the second reading, would ecu provide for Co=issioner Plummer in adequate language to prioritize it and 3, so on and 1 commit to vote on that. :arc.ia-Pedrosa: Mr. Mayor, this is the second reading, and you need this _Clore next neetinz. ':.. ,. Ferre: Ch. this is the second reading. .ircia-PedreSa: Yes, sir. erre: P 1ur¢mer, what do you want to do now'. P.,.:.^^Fr: JusL so ::i:at Your motion read before - is it "A" and "B" would z� y _ : t DI? '_ un. Cd 'De ore ou could Leo to "C" and "D"? 'Whatever your JC_..nuse "B" could become "C" :L r: .. ur it can't be "D" I have no cbjections to saying that we have 2;:,._. _nto doing "y" and "B".and as an alternate "C", be OCT 2 8 1982 6 6 Mr. Plummer: I have no problem with that. Can you insert that in there? Mr. Garcia -Pedrosa: Would you give me one second, Mr. Mayor? Mayor Ferre: Sure. While you are taking the one second - I will move along. What is the second thing that we need to change Mr. Garcia -Pedrosa: Sir. this new section three on minorities and new ballot language in section five. Mayor Ferre: Okay, let's read that while you are doing your other homework _ here. This is the new section three. "The total of all contracts and sub- contracts for the construction of such facilities shall evidence a 20% His- panic and 20% Black minority participation" Everything - all construction, everything that gets done. 40% minority. Mr. Dawkins: That is construction? Mayor Ferre: Engineering... Mr. Dawkins: Concessions and Management. (INAUDIBLE) Mr. Plummer: No, Miller, excuse me. I have no problem with what you are saying, but this particular ordinance does not speak to concessions. That would speak to a lease, whoever the lessee is, as far as concessions and things like that. If we don't have this, then there is no lease. Mr. Dawkins That is part of my problem too. I understand, I mean I am with you 100%. I hear you! *savor Ferre: Okay, then that is something that we are going to have to deal with as we go along. Right now what we are dealing with is the construction of this thing. What we are saying is, that any construction, 40°S of the total cumulatively has to be in the hands of minorities - 2010 Hispanic, 20% Black. Mr. Carollo: In other words, 20'o is going to be for Hispanics and if we are going to be playing by Miller's guidelines, then the Hispanics are losing out, - because 60".' of the City of Miami is Hispanic. .Mayor Ferre: Joe, •.ou are right, you are right. Mr. Carollo: What I am saying is this, Maurice, that if we are going to be laying down percentages evervtime we are going to be taking something on, then let's lay them out, but let's lay them out according to population of the City. Mr. Dawkins: Brother Carollo, I have no problem at all with 50% of the construc- tion being for Latin and 25% being for minorities and the other 25% being for White. I have no oroblem with that. Write it in there. I don't have a problem with it! ``.ayor Ferre: '.,es, but if you are going to do that, you are going to make this ..Honorable. `tr. ,iwkins: But I want Carollo to know that I agree with him in total. For once today me and him are in complete agreement. "la;rr Ferrt-r Look, the fact is, that Cuban contractors and Latin contractors h:ive absolutely no problems and have had no problems in getting a lot of these contracts, and I think if we do it this way, I know it is not quite proportioned, least it is a step in the right direction and it is operable. All right, section five is "The .)roper City officials are hereby instructed and directed to all action necessar,; for the submission of this ordinance to the electors �i:e City of ,'.iami by .)lacing it on the ballot in substantially the following fc:^. cbiect to this referendum, a one cent sales tax is authorized in 1983 _;:,:ace. in Miami football and/or baseball stadium and/or a downtown exhibition , ;;c?;or coliseum, and/or multi -sports facility and/or an amphitheatre. We participation in the construction, remaining funds to be used tc::•: relief . Do you favor financing sports, arts and recreation airs: �r. cer:t sales tax for twelve months only. "Yes" for financing r: ,:n.i recrear'_on centers, "No" against financing sports, arts and _- n :.:enters." That is it. The only thing we need to change then is... u_ao? now, 58 OCT 2 8 1982 46 i Mr. Garcia -Pedrosa: Yes, sir. Mayor Ferre: Tell me what it is. Mr. Garcia -Pedrosa: On Page 3, Section 2. Sub -section "C", strike the last words "and/or" and insert -in lieu thereof" after that semi -colon "any remain- ing portion of such aroceeds shall next be used for", and then strike the sub- heading "D".... Mayor Ferre: Okay. "Of such proceeds". Mr. Garcia-Pedrosa:...."shall next be used for..." and then "construction of an outdoor bayfront"....and so forth. Mayor Ferre: Is that acceptable to you, J. L.?..."Shall the next be used for", okay. Any other changes? If not, are we ready to—do you want to vote on the amendment first? I guess so, huh? Is there a motion on the amendment? Mr. Plummer: So moved. Mayor Ferre: By Plummer. Is there a second? Mr. Perez: Second. Mayor Ferre: Second by Perez. Further discussion on the amendment. Call the roll on the amendment. THEREUPON THE FOREGOING MOTION, duly introduced by Commissioner Plummer and seconded by Commissioner Perez was nassed and adopted by the following vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo *Savor Maurice A. Ferre NOES: Commissioner Miller J. Dawkins ABSENT: None (LATER FOR?SALIZED INTO ORDINANCE NO. 9508.) Mayor Ferre: All richt now, on the ordinance itself, as amended and as it is before us. Is there a motion? "r. Plummer: So moved. ._. Terre: IS there a second? ?er(--z: Second. '.'_ •: _�r erro It has bt�en moved and seconded. Read the ordinance. ' ar ia-PE•CITc)sa: Mr. `savor, you may wish to recognize anybody who may want !)t, heard at this point_ Ferre: Oh :'es, I am sorr,. Does anybody wish to speak on this issue? -. ::. '.:at Walkingten: I want to get a clarification. I'm Walt Walkington, ^r,sident o* the Bu:'_di.^., Trade. _nderstand this about the construction part? You are to what do we say ... Blacks, Cubans, Jews, anything _et tis aside- now who gets what for what. rr : :,:,t wf are saving is, that in the construction process, when it is all done and over with, Walt, what we are 59 OCT 2 8 1982 P 6 i saying is, that 40'o is going to be done by minority - .20% by Blacks and 20% by _ Hispanics. Thatfs it. Mr. Walkington: Is this something similar to what ... maybe not exactly, but similar to what went on here a couple of weeks ago in the County Commission, about where they allocated so much work through particular? Mayor Ferre: Yes, sir. Mr. Walkington: I am going to say something, and I am going to say it for myself. You know, the American way of life says that we have free enterprise. And when a man goes out to make something for himself, it is like Henry Ford, who started in a garage in his back yard and he made one of the biggest motor companies in the world, and I want to know where we get off allocating this for that and that for this? I feel that a lot of times we have got something going in our country that says that we all have a fair chance at doing what we want to do. I represent labor. I could bring a lot of Blacks down here. I could bring a lot of Cubans down here. I could bring Irishmen, Jews and everything else and I want to know where we are going to set off for each one of these to go along? When I saw this come off the County Commission, I didn't get a chance to go down there because they jerked that agenda around. It went in real quick. The contractors and nobody else knew anything about it. And I see something here. I don't know if there are any contractors pre- sent to see what is going on here. You know, we all have got a fair chance at something, and we like to keep it that way. I feel that very much. We have discussions on this in Labor, and I am not lust speaking for organized labor, I am speaking for a democratic way of life, and we are setting things aside here. We see the County Commission do it. We see the City Commission doing it. Who is next? And who is going to say for what? And who else is going to have the little bit on the short end of the stick? I want to see something that everybody gets a fair break at. I stand up here and get to talk. This is the democratic way of doing it. Mayor Ferre: Right. Mr. Walkington: Eut, pretty soon, well, we are going to be allocated just - who is eoing to get so much percentage to talk, and as it comes down the line? I respect each and every man that sits on this Commission and I feel that we have ect a lot to work for, and people who sit here at this Commission know that we have got to represent all peoples and all kinds, not percentages. And I feel that every man has a right to do what he wants to and if he wants to bid this work, he bids this work. He is not going to be set aside. And I represent Labor and I want to see that all ... when I go into a job, I don't ask who is goine to be for what. The American way of life is we have got it! I can show you where iobs are 50. of one class, 50`0 of another - 10% of this and 90% of that! It changes all the way around, but everybody has an opportunity to do it if contractors do it too. I just want to go on record that I feel that we want a democratic way to do things and not set it off as to who is eoing to Zer a piece of this and who gets a piece of that. Thank you. `1i%,c:r Ferre: halt, I just want to say something to you. Look, the democratic nrc•cess means that we have got to be practical, okay? Now, let's see what -'ractical means. You see, you want for vour men and woman who work in the the trade unions - work. ''r. ralkingtcn. Right. !�a_:cr Ferre: Oka•'? There isn't eoing to be no work, buddy, unless somebody ':r. ;,alkir.gtcn: No work at al'_? Xa•:cr Ferre: Nct in building a stadium. There isn't going to be no stadium. .here is nct: ticing t be any coliseum, no stadium, none of that, because we the :*:ones to do it. Let to finish. I've listened to you. Now, iaten t, -e. The only wav that we are going to have the money to do t!� nroplr f "iar-i vote for it. Now, who do you think the voters you. 40" of the voters of Miami are Hispanic and cks. Now, the last time I went to school and learned �. es 7 :.ow, unless you send that kind of a message ,_:"C*. Wh_; you have to send that kind of a message? Because 60 OCT 2 8 1982 the last time around, at the Metrorail thing, Athalie Range and others - Miller Dawkins was probably part of that. went around, ali over town saying, "My brother, if you vote for this, this is going to bring you work for Black People and we are going to get contractors and electricians that are Black," and do you know how much the Blacks have gotten so far - zilch! Nothing! Zero! Now, that is a broken promise. If it haden't been for Mrs. Range and other Blacks going around this town, that thing would have never passed. We wouldn't be building a Metrorail. The Blacks were the edge. They overwhelmingly voted for it, and as you remember, it passed by 52%. I guarantee you, and the Blacks didn't vote for it 52%. They voted for it 70*/o and that edge was the difference. Now, I guarantee you, if we don't have the Black community and the Cuban com- munity voting for that one cent sales tax, what you and I are talking about is just theory. And I am ,just telling you that I am a very practical man and I know how to read English and I know how to read Spanish and I know how to read politics. And I want to tell you that unless we do something like that, this thing isn't going to pass! Mr. Walkington: all right, well we are bringing three things together here. You are talking about a penny tax. We all realize.... Mayor Ferre: That is all I am talking about. Mr. Walkington: .... all right, but another person is talking about 40% this and 60%' this. Mayor Ferre: I was —you don't get one without the other! Mr. Walkington: All right, hear this. I am not working for just contractors. I am working for the working population. Go out there on Metrorail and see the percentages and who is working that right now, regardless of who the con- tractor is. I am talking about the working man. Now, you are talking about a penny tax. Everybody wants to see the penny tax go through, because a penny stays here in Dade Count.: is not going anywhere else. We know where it stays. All right, contractors, I would have liked to have seen them down here to speak for themselves. I can't really talk for the benefit of a contractors, but I am talking for the people that are working on this job. I am not trying to say... Mayor Ferre: I respect you for that. Mr. Walkington: And I am not trying to say when I go to a job and I hire people, 1 hire the qualifications of these people who come onto my job and it very well evaluates itself out to say "Hey, if I hired this lady here to pick up a 200 pound piece of equipment", would I hire her? Or would I hire that woman over there or man over there to do something that was clerical that this lady does here? I hire people that work, myself. We had a breakdown. I am proud of my union. It is one of the most outstanding unions in the United States for prorating its work out to the people - all different kinds of people. And we want it that way. Mr. Dawkins: Oka,,,, let me respcnd to you. Xa',cr Ferre. Mr. Dawkins. :+:. Dawki::s: I ha`,2 had a union card since 1944. There is nobody in Dade County •.:r is as -;such a union ::an as I am. That thing run by Ed Stevenson is a garden :)arr�;. It is no union: You tell Ed Stevenson he is not running a union. It is :,rden part:. :ow, speaking in terms of A.F.L., C.I.O. I want you to stop i think how mat:'; blacks and Latins are in the apprenticeship of electricians, _.r-:hers anti the highest raying construction jobs. You stop and think now tel ',t, sittia, ::ere, how much concerned you are for the total working .ant ,;ou t:; ask yourself, "'ghat have you and union done to insure _..._t as ti:e nie is sprit, and those high paying jobs that I just mentioned are ut as oer t`:t• :T:ir.orities". The second thing that I would like to :o :::u nan3 :ot. to remember, you people have just decided that t =,�r_s s::d :inorities have a part of the pie and I don't under- 3 Norse race, the best race horse is given an over- t tt',_ a fair shake. When you go into the dog track, --n r e outside so he will be against the dog running have a handicap. But, when we start talking about 61 OCT 2 8 1982 T.; "^ to�0 jai(i permitting minorities to catch up, everybody has got a problem! And I admire you; I would think less of you as a union man if you did not fight for the rank and file. The reason you are concerned is because the work force is getting larger, the work is getting smaller, but the same concern that you have for the rank and file, I have got for the minorities, okay? Mayor Ferre: All right, thank you very much Mr. Walkington. Are there any other members of the public that wish to be heard on this issue? If not, this is on second reading. Read the ordinance. Call the roll. Hold it. Hold it. Your name and address for the record, please. Mr. Albio Castillo: My name is Albio L. Castillo. I live in 2386 S. W. 3rd Street. I would like to know if this is going to be built, if there is going to be another monorail with overrides and not enough expenditures that we have to pay for the second time around. Mayor Ferre: That Manager over there guarantees that it won't go one cent over, and if it does, you know what is going to happen to him. He is going to be part of the contract. We are going to have an addendum to the clause. There will be a contract on him. Mr. Castillo: Nobody has mentioned it, so might as well I am going to mention it. Mayor Ferre: I will tell you what the answer is. The way we are going to con- tract, if we get to build a coliseum and a football/baseball stadium, is with a guaranteed price. In other words, the contractors that come and bid have got to guarantee, so there won't be any overrun. Mr. Castillo: Well, I hope so. Mayor Ferre: Okay, thank you very much. Thank you for your question. It is a very good cuestion. All right, any other statements by members of the public? Now it is time to vote. Read the ordinance. ms OCT 28198Z, r 6 AN ORDINANCE ENTI=I D- AN ORDINANCE OF THE CITY OF MIAMI DETER- MINING TO LEVY, SUBJECT TO THE REFERENDUM HEREIN AUTHORIZED, AND ADDITIONAL ONE PERCENT (1%) SALES TAX IN THE CITY OF MIAMI FOR THE PERIOD JANUARY 1, 1983 THROUGH DECEMBER 31, 1983, THE PRECEEDS OF WHICH WILL BE USED TO FINANCE THE CONSTRUCTION OF A FOOTBALL STADIUM AND/OR A DOWNTOWN EXHIBITION HALL AND/OR A DOWN- TOWN COLISEUM AND/OR A MULTI -SPORTS FACILITY OR AN AMPHITHEATRE PROVIDING THAT THE REMAINING FUNDS BE USED FOR PROPERTY TAX RELIEF; PROVIDING FOR GUARANTEED MINORITY PARTICIPATION AND PROVIDING FOR THE HOLDING OF A SALES TAX _ REFERENDUM IN THE CITY OF MIAMI, FLORIDA, ON DECEMBER 14, 1982, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF MIAMI THE QUESTION OF WHETHER AN ADDI- TIONAL ONE PERCENT (1%) SALES TAX FOR TWELVE MONTHS SHALL BE LEVIED TO FINANCE THE ABOVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Pasced on its first reading by title at the meeting of September 23, 1982 was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Perez, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Vice -Mayor Joe Carollo Mayor :•faurice A. Ferre NOES: Commissioner Miller J. Dawkins ABSENT: None. THE ORDINANCE WAS DESIGNATED CP.DINANCE NO. 9508 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. Maycr Ferre: I again for the record and for the press, I sincerely hope that this does not have to be used, that the penny cent passes on Tuesday, tut if it doesn't we are... this makes us ready and set for December 14th. CFF THE PUBLIC RECORD) a✓cr Ferre: _'":s oafs for an election for what? Oh, for the stadium. ar. Pedrosa: Mr. mayor, that's the resolution because you have changed... WE: have chanced the title of the ordinance. - 63 #+ OCT 2 81982, Ct. Mayor Ferre: Ok, Demetrio Perez moves, who seconds? Plummer, you second for the election? Mr. Pliumer: No, sir I don't know what you are asking. Mayor Ferre: This is the resolution that goes with the ordinance for the election, that calls for the election. Mr. Plummer: Yes,. Mayor Ferre: I will read it into the record. Alright, it's been moved by Perez, Seconded by Plummer. (AT THIS POINT THE MAYOR READS INTO THE RECORD THE RESOLUTION CALLING FOR THE ELECTION). Alright, further discussion, call the roll. The following resolution was introduced by Commissioner Perez, who moved its adoption: RESOLUTION NO. 82-983 A RESOLUTION CALLING A4D PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 14TH DAY OF DECEMBER, 1982, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI FOR THEIR APPROVAL OR DISAPPROVAL OF A ONE CENT SALES TAX FOR ONE YEAR ONLY, TO FINANCE A FOOTBALL STADIUM, AND/OR A DOWNTOWN COLISEUM AND/OR DOWNTOWN EXHIBITION HALL AND/OR A MULTI -SPORTS FACILITY AND/OR AN AMPHITHEATRE, PROVIDING THAT THE REMAINING FUNDS BE USED FOR PROPERTY TAX RELIEF; PROVIDING FOR GUARANTEED MINORITY PARTICIPATION; REPEALING RESOLUTION NO. 82-862 I14 ITS ENTIRETY. (Here follows body of resolution, emitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. 'Dice -Mayor Joe Carollo Mayor Maurice A. Ferre ;CES: Commissioner Miller J. Dawkins ABSENT: gone. -rA':: Fv :K' SST OF PEV. LESTER C. ALBERT FOR BLOCKING N.W. 1ST AVENUE BE76EEN N.W. 61ST AND 62:7D STREETS ON OCTOBER 30TY. r,R ciuRCH BAZAAR. �Iavcr Ferre: Alright, Reverend. Lester Alert: To the Honorable Commissioners, I am Reverend Albert r t.e Greater Tabernacle Baptist Church and the church was sponsoring a Al::azaar al- day Saturdav and we wanted from the Commission from 61st to 62nd richt behind Miami Edison _.. the one Jn front of Tacolcy? r c is right behind MiamJ Edison there. He has tos OCT 2 8 1982 Mayor Ferre: Do you want the street closed? Rev. Albert: Yes, yes. It's just right behind Miami Edison Middle School. Mayor Ferre: Is that a main thoroughfare? Rev. Albert: No. Mr. Carollo: It's Northwest 1st Avenue between Northwest 61st to 62nd Street. Mayor Ferre: Well, we do it for Saint Peter and Paul and we do it for everybody else, so why... Mr. Carollo: Yes, well, that's my opinion. Mayor Ferre: Mr. Manager, you got any problems with this? Mr. Gary: Mr. Mayor, I would suggest that if the City Commission agrees with this request, that they approve it with the... Mayor Ferre: Subject to the Police Department's approval and so on. Mr. Gary: Right. Mayor Ferre: Does somebody want to move that? Mr. Carollo: I move Mr. Mayor. Mayor Ferre: Is there a second? Mr. Plummer: Second. Mayor Ferre: Ck, any other discussion on it? Rev. Albert: That's it. Thank you. Mayor Ferre: Call the roll. The follcwing motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 82-984 A MOTICN GRANTING A REQUEST OF REV. LESTER C. ALBERT, BAPTIST CHURCH, FCR BLOCKING N. W. 1ST AVENUE BETWEEN N.W. 61ST AND 62ND STREETS, ON SATURDAY, OCTOBER 30TH, FOR THE PURPOSES OF HCLDI`7G A CHURCH BAZAAR SUBJECT TO POLICE DEPARTMENT APPROVAL. Upen being seconded by Commissioner Plummer, the motion was passed and adccted by th.e following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. ViceMayor Joe Carollo Mayor Maurice A. Ferre 65 OCT 2 8 1982 e\,: �6. GRANT REQUEST OF BA1iAM1AN/A.'•1EF1C .N FEDERATION AND ALLOCATE S1,000 CONTRIBUTION TO DEFRAY EXPENSES FOR '-'SE OF BAYFRCNT PARK. AUDITORIUM. Mr. Dawkins: Now, Mr. Mayor, I have a pocket item please. Mayor Ferre: Alright, Mr. Dawkins. Mr. Dawkins: Come up Mr. Moss. You want to state your position? Mr. James Moss: Mr. Mayor and Commissioners, my name is James Moss and I'm the President of the Bahamian/American Federation , a non-profit organization and we are appealing to you for defray of the rental for the Bayfront Park Auditorium on the 6th of November. As you know, Mr. Mayor, and many of you on your Board, that we have... for many years now we have had this fund raising program in which we donate all monies to... Mayor Ferre: Are you a non-profit organization? Mr. Moss: A non-profit organization. Mr. Dawkins: Ok, just say what you want and then what you are going to do next year and we can get out of here. Mr. Moss: Well, I would like to have the rental defrayed this year, next year of course, we are making some preparations to see if we can handle it without coming before you. Mayor Ferre: Tell me what you are going to be doing. I mean, is it a bazaar, a carnival, is it a... Mr. Moss: No, it is a dance. Mayor Ferre: A what? Mr. Moss: A dance. Mayor Ferre: Ch, a dance. Mr. Moss: Yes. Mayor Ferre: Alright, and this is a non-profit organization? Ms. Toss: 'Ion -profit organization. Maycr :erne: Ycu want to move it? ?lr. awk,:.s : Yes, I move. I move that we defray the cost... +ayc� c'.rxe: ,7o, no. you can't do that, that you give them a thousand 1 mean, that we give them a thousand dollars to defray the t:,a*_ next 1 r_ar like he said, he said that they will... he told me the tickets to cover .his cost, they would not be .^..'. is there is a motion on the floor. Don't look to your us_ _c =k tc :c,_,.r right. wait a minute, hold it, ck, go ahead let it go. ,an . to ask Mr. Carl a problem afterwards. _-. :.,rther discussion, call the roll. OCT 2 8 1982 lb a The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 82-985 A MOTION GRANTING A REQUEST MADE BY JAMS MOSS, REPRESENTING THE "BAHAMIAN/AMERICAN FEDERATION", AND INSTRUCTING THE CITY MANAGER TO ALLOCATE AN AMOUNT OF NOT TO EXCEED $1,000 AS A CONTRIBUTION TO DEFRAY EXPENSES INCURRED BY THE AFORESAID ORGANIZATION FOR THE USE OF BAYFRONT PARK AUDITORIUM ON NOVEL BER 6, 1982, FOR THE PURPOSES OF HOLDING A DANCE. 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. Commissioner J. L. Plummer, Jr. ViceMayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. 27. APPOINT COMMISSIONER J. L. PLUMMER TO THE BOARD OF DIRECTORS OF THE � ORIDA LEAGUE OF CITIES. Mayor Ferre: we have a resolution appointing Commissioner Plummer as the City of :•iiami's representative to serve on the Board of Directors of Florida League of Cities, two year term. Mr. Carollo: Move. Mayor Ferre: Moved. M.r. Dawkins: Second. Mayor Ferre: Moved and seconded, further discussion, call the roll. The following resolution was introduced by Commissioner Carollo, who roved its adcnticn: RESOLUTION NO. 82-986 A F.ESOLJ':ICN APPOINTING COMMISSIONER J. L. PLUMMER AS THE CITY OF M1;MI'S REPRESENTATP,iE TO SERVE ON THE BOARD OF DIRECTORS OF HE FL3RIDA LEAGUE CF CITIES FOR A TAO YEAR TERM. (Here follows body of resolution, omitted here and on file k .. .::,e Office f� _ce of the City Clerk.) 'ia s Upon being seconded by Commissioner Dawkins the resolution was ssed and adopted by the following vote- J_ Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. ViceTM-ajar Joe Carollo Ma^or Yaurice A. Ferre Co=issioner 2. L. P'_u=er, Jr. 6! OCT 2 8 1982 FURTHER DISCUSSION: Mr. Pluruner: And on the record I would like to thank Commissioner Joe Carollo. NOTE FOR THE RECORD: AT THIS TIME HOWARD GARY INTRODUCES THE NEW CABLE T.V. ADMINISTRATOR, MPS. SUE SMOLLER. 28. CONTINUED DISCUSSION) JACAROL BAY CLUB AI•kD PROPOSED FIVAL READIIIG OF DISCLOSURE ORDINAUCE . Mayor Eerre: We are now on Item 7, with our apologies Carolyn, for making you wait. Where are we now. Oh, you have to be heard. (BACKGROUND C0MMENT OFF THE PUBLIC RECORD) Mayor Ferre: No, Ma'am, we have been through all of that all this morning and that's all been clarified Mrs. Gordon, thank you. The answer is "no" it will not be heard now, we are now on Item #7. Mr. Joe Matthews; Mr. Mayor, my name is Joe Matthews, I represent the appellant before this Commission ree_arding Item Number 7, that is why I want to clarify this. Mayor Ferre: But I need a clarification of where we stand. Idr. Matthews: That's the first thing I was going to ask, sir. Mayor Ferre: Ck, well,... Well, I left here... Mr. Matthews: My question was, should I proceed? Mayor Ferre: wait a moment. Mr. City Attorney, tell me where we stand on this. When I left here we were not going to deal with Ordinance No. 23 because you had ruled as a matter of law based on the case in Boynton Beach the resolution of the City of Miami that prohibited us hearing a case until there was full disclosure, was the binding... was still binding or. the Commission and therefore, I would have to ask the applicants if they are willing to fully disclose and ask the administration if they have full disclosure and unless they have disclosed, then the only alternative hearing the case is for us to rescind the resolution. Now, that's where . left... that was the last scene of this soap opera that... that was the scene that I saw. Now bring me up to date as to where we stand legally, :`..-. C.tv Attornev. 's Pedrosa: P'_r. Mavcr, there were a number of comments made after you —It. was T.y recommendation then and it is my recommendation now that - .•cu proceed as you have indicated and afford the applicant an opportunity jL add anything that they may wish to add and specifically to comply if 1it so wishes with the resolution. :'aver Ferre: Alright, now... no, no,... Now, lcok,... Now, ok. Now, we a ere Act. plsy_ne acmes and I'm going to tell you exactly how I'm going to r is ar.d vcu can overr•.,le me with three votes. Here is what I'm going r.:. tase: cn the City Attorneys opinicn. I will now ask the administration fiance with the resolution or full disclosure. •al ,';i ask: the prcpcnents of the project who are here if you are willing to submit on behalf of your -public scrutinti .... into public knowledge the names and _f you are I'm ready to zroceed. 98 OCT 2 8 1982 71 0 Mr. Raymond Sidler: Mr. Mayor, my name is Raymond Sidler, I'm representing the applicants here. I made an earlier presentation, which you were not privy to. Mayor Ferre: I have asked you a question, sir and I want you to answer my question. I don't want you to give me a speech on something else. The question is very simple. The resolution of the City of Miami which is binding on this Commission says that you must disclose the principles of your property. Are you ready to comply with that? Mr. Sidler: Your honor, we don't feel that it is binding in this particular situation. Mayor Ferre: Alright, Mr. City Attorney, we have an attorney who says that he doesn't think this is binding, will you argue this out with him as to whether or not this is binding or not binding? If you tell me it isn't, then we will proceed. Mr. Pedrosa: Mr. Mayor, that is one of the four points, I believe, covered in my legal opinion MIA-82-54, dated October 12, 1982 rendered to Commissioner Dawkins. I respectfully disagree with counsel. Mayor Ferre: It is binding? Mr. Pedrosa: Yes, sir it is. Mayor Ferre: Anything else you want to say? Mr. Sidler: I do have a response which 1 had made previously in Your Honor's absence. Mayor Ferre: Fine, speak to the issue and you can speak as long as you want. Mr. Sidler: Well, the issue is quite simply that Vic Harold case which Mr. Garcia Pedrosa relies upon is a situation which is not analogous to this situation. It just simply is not. First of all, it's old law, lets start with that. The most recent decision is March of 1982, not the Carol case which goes back many years, which states that a City Commission cannot defer items or create moratoriums through pocket means to block a particular project until they have time to change the requirements of the Zoning Ordinances or whatever might be the matter. We are talking here about the City of Gainesville vs G.N.V. out of the First District Court of Appeals. I gave a copy of Ms. Barrette response to the reply of the City Attorney and we really have not had a reply to t1he response. Mayor Ferre: Ms. Cit.. Attorney, the counselor is giving you some case law that re claims is more recent. Does that change your opinion? Mr. Pedrosa: No, sir, it's more recent, but it's not on the same point. Maycr Ferre: You know you are going to have to defend this in court. So, 1 want to make sure... >Ir. Pedrosa: I rave considered it, Ms. Mayor, my opinion remains the same. Mayor Ferre: �:aycr, I would like to state one point, though, in opposition .:o what Mr. Garcia Pedrosa has said. The City of Boynton Beach was not •a;rking on a resolution, they were working on an ordinance. A resolution ::ave the a=`ect cf an ordinance must be passed like an ordinance in :_......lance with 166.C41 of the Florida Statutes. You cannot do indirectly _ ___... ___cia Pedrosa, you stand by your opinion? _. ___.. _.. _. C..:rt of ;%ppeals said in the City of Boynton Beach in the body of the opinion that the building !�y resolution not to issue Reverend Carol a:.: '-a_ t!:e reason that, that was done 'ty resolution ,gas :-.a,� had not yet gone into effect and that's the exact on _s in at this point. We OCT 28 1982 f 4 l Ok i Mayor Ferre: Further discussion? The Chair rules that under the resolution previously passed and adopted by this Commission, unless there is disclosure we are not to hear... as a matter of fact and just for the record, usually when an applicant for a variance does not comply�Mr. Perez-Lugones and the administration don't even put it on the agenda. Now, I understand why there is some confusion in this because we are travelling on legal matters that are touchy. So, I understand why you put it on the agenda, but I would hope... Mr. Plummer: The Commission directed them to. Mayor Ferre: Yes, see the resolution says as follows; The intent of the City Commission to henceforth where full disclosure are as described in Section 1 hereof is not made in writing prior to any presentation, request or petition to the City Commission or any City Board, said presentation request or petition shall not be consider to be complete or in proper form for consideration by the City Commission or any City Board". So, please be guided accordingly in the future, Mr. Perez-Lugones. Mr. Plummer: Mr. Mayor, read from the minutes. The minutes of the last meeting Commissioner Dawkins told them to put it on. Mayor Ferre: We told them to put it on. I understand. I stand corrected, ok. Is there any further discussion on this item? Mrs. Gordon. Mrs. Rose Gordon: Mr. Mayor, Commissioners, I came down here specifically to address myself to ordinance which is labeled #23, your actions just now, does that mean that this item will not come up or is not going to come up or what? Mayor Ferre: It will come up. Absolutely will come up. Mrs. Gordon: Well, could you advise us when, because we were advised to be here at 2 o'clock that this would be heard at that time. Mayor Ferre: Whc advised you that Mrs. Gordon? Mrs. Gordon: I was called by the Board of Realtors who had got that information from someone whom I don't know and I cannot tell you.. Mayor Ferre: Do you ever remember anything that was supposed to come up at 2 in the afternoon coming up at 2 in the afternoon? Mrs. Gordon: Mr. Mayor, would you have any objections for us stating our reasons for being here on that #23 at this time it's pertinent to the application only in a... Mayor Ferre: No, I have no objection to your stating into the record if !cu wish. ^Irs. �;crdcr.: Ck, I would like to ask the President of the Miami Board _s here, :'x. Fie:-,__ Wolfe to please speak. Wolfe? hen ry Wolfe: Mayor, thank you, very much. My name is Henry Wolfe, Jr. ac`dre:;s is S•site 902, 200 Southeast 1st Street, Miami. I am speaking a:�ain_at the proposed ordinance #23 on your agenda. We feel that it would rne_gativ� t�ffects on investment within the City of Miami and I think 'hat also r ul:. i:ave certain effects in terms of it's retroactivity with investors who have invested in this City from other Countries who... where ..here would be particular problems . Foreign corporations do report to the Depar =ie.nt of Cory �erce and through the Department of Commerce to the _;aernal Revenue Ser•,rice on an a::ual basis. So, the reporting procedures are the esser.tis- problem. :'hc• essential problem is the security of that and we feel that this community being an international city ss_bi.• 'nave very serious negative effects on the ._,- .._... _. :et ne ask you a question. ta;or ____. iia;_ c,i been down to the Court--., to tell them that because t.^ey do the same thing? __. was here earlier this afternoon and from what i0 OCT 2 8 1982 Ll I understand there is an ordinance at the present time that the County has and concerning the problem that the City Commission has on this particular issue, apparently that an affidavit assigned by property owners indicating that certain people or public officials are not involved in those transactions, but apparently it does not cover the disclosure of all of the ownership. The only disclosure requirement I'm aware of is the Department of Commerce requirement. Mayor Ferre: No, no, they did it by fiat they just commanded the Zoning and Building Department in the County and they have a format. Have you got a copy of that, Mr. Garcia Pedrosa. Do you have a copy of the County's paper that has to be filled out? Mr. Wolfe: Because... well, we spoke to the County Attorney yesterday for the Zoning Department and he wasn't aware of any disclosure requirements. Mayor Ferre: I will show you the format. Mr. Pedrosa: Yes... Mayor Ferre: Walt do you have it? Mr. Wolfe: Mr. Mayor,... Mayor Ferre: Yes. Mr. Wolfe: ... I spoke with Stuart Simone yesterday, former County Attorney and Stanley Price... Mayor Ferre: too, this has happened since Stuart Simone resigned. Ms. Wolfe: And Stanley Price who is a former County Assistant County Attorney. They ordinance that you are referring to, the County ordinance... Mayor Ferre: It's not an ordinance. Mr. Wolfe: There is a County ordinance according to Stuart Simone. Mavor Ferre: well, I don't know about... Steward Simone has been out for two and a half years and this has happened in the last year and it's not an ordinance, but there is a... >Lr. Pierce: In the Zoning Depart.-nent there is an administrative procedure requirement for disclosure in zoning applications. It's not by ordinance. Mayor Ferre: Vat's what it is. But it's a requirement nevertheless. in other words, if you oo down to the County Mr. Wolfe and ask for an ..TE application in t.:,e Zoning Department you have to disclose who the owners _3 of the property are. :fir. Wolfe: :'hat would -also apply to any other procedures aside from zoning also in terms of planning or in terms of any other Committee. Mayor Ferre: I -cr,'t know. Mr. .Wolfe: And I would like to stress that we are addressing in specifically this particular crdinan.ce that we are not here supporting or any other Issue on :.his. ?3 for Tank - cu, very much. __ dc:.uc a� li}:e tc follow if I may Ms. !Mayor. s.. _ up please aT._ -cr Gn Item 22 Mrs. Gordon. _'m not here.. . _ _ n ir•- r.r7t 73 now. far:-. cr i :!.: ,eica let me enter into the records my concerns with Item __ .:__ rave �racerully. I have no interest in the application Gar, .I know none of t-he particulars of it and �1 OCT 281982 qo I'm not speaking for or against it. I'm simply pointing out to you some of the conclusions that I am making from this request for full disclosure of all persons concerned with the zoning applications. I don't believe that anyone here makes a decision on zoning based upon who the applicant is. I don't think a single person in this room or particularly you Mayor and Commissioners would be for or against an application based upon that. Mr. Carollo: Well, I don't know Rose, if some would come up, let's say give you an example hypothetical example, that was an organized crime figure that everyone knows the money that they have made has been made illegal, would you vote to give a variance to a person like that? Mrs. Gordon: Mr. Carollo, zoning is not based upon who an applicant is regardless of their criminal record or what other record that they may have.. Mr. Carollo: Rose, you know I just stated or should I say, I rather asked you a question. I think this Commission and every single legislative body in this State has a duty a solemn duty to protect whatever community they represent from individuals such as I have pointed out in this hypothethical example. However, some of the other statements that you are making I could understand. I knew your business is real estate, but Rose in all frankness anyone could have a blind trust and construct whatever they want without divulging whom the owners are as long as they go by the guidelines that, that particular property has, they meet the law. But when you want to go and get a variance and get more than the law let's you have, then you should be ready to divulge and meet the demands that whatever particular City or County Commission request and this is all that we are talking about. If someone wants extra, more than they are allowed by law, then we are requesting them to divulge the name of all the owners, simple as that. Mrs. Gordon: And I'm saying to you t2,,at, that has no bearing on the application if it's good and it deserves and it should be given or granted an application for a change of zoning or a variance. It's based upon the affect that application has on the community it serves and not upon who is applying for it. Your thinking I understand. I know you are trying to police the City in that manner, but you cannot police the City through zoninq. You cannot police applications or predicate it upon who the applicant is, that's not the way to do it. Mr. Carollo: Rose, I have made my statements and you have a right to feel the way you de. Mrs. Gordon: I feel very strongly that this... if you enact this ordinance where it relates to any zoning matters and I have not spoken to the applicants as-.d they can varify this. I have no contact with them and I'm not at all interested in this particular application. I'm tremendously concerned = with what ycu are attempting to do and what you are attempting to do is not correct where it comes to matters that concern the zoning of property in he City of Miami or the granting of variances based upon who the applicants ze. I t:;arFc you for listening. ,:ice:: CNE Yr F EXTENSION CF VARIANCE FOR MICP.OWAVE As, 7880 if # 'a,•cr Ferre: we are now then :roving along on Item #8 and that is the =''^ :.icst_on ti.; --,L noel Goldstein and George Goldblocm for one year extension _cr twc mJ=cwave antennas on top of the building at 7680 arc. Alricht, are the applicants here on Item #B? Is there Ns. Whipple, can you tell us what this is all about? S I waz apFroved by the Zoning Board as indicated in your cn top c. the 7860 Building Biscayne Boulevard and -.` :'.e applicant is, but... ` s7 _ 1_ n_. ;. - ; 1%ere before? 742 OCT 2 8 1932 r. -- l�,',�J.1�':At+_#-'r.`•';::.- 0 lb Mr. Whipple: But with my knowledge of what it takes for design, I would imagine that's why the request is coming in before you for the extension. Mayor Ferre: Do you have any problems with this? Mr. Whipple: No, sir. Mayor Ferre: Does anybody have any problems with this? Is there a motion on it. Mr. Dawkins: Why did you say this was necessary Mr. Whipple? Mayor Ferre: It's just an extension. Mr. Carollo: This in no way is going to affect any of the individuals working or living in that building, correct? Mayor Ferre: What do you mean, the microwave? Mr. Carollo: Yes. Mr. Whipple: The information that they brought forth to the Zoning Board, no, sir. Mayor Ferre: Now, the record... the Department recommends approval and the Zoning Board granted it seven to zero. Mr. Whipple: Yes, sir. Mayor Ferre: Alright, anybody want to speak on this? Is there a motion? Mr. Plummer: Move. Mayor Ferre: Is there a second? m.r. Perez: Seccnd. Mavor Ferre: Further discussion, call the roll on Item #8. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION 140. 82-987 A RESOLUTION GRAIITING A ONE YEAR EXTENSION OF A VARIANCE AS LISTED IN ORDINAIICE NO. 6871, ARTICLE IV, SECTION 21(b), TO PERMIT EF CTION OF TWO (2) MICROWAVE ANTENNAS ON TOP OF THE BUILDING LOCATED ON LOTS 1, 2, 3, 18, 19, 20, AND 21; BLOCK 1; FEDERAL WAY AMD (25-6); BEING 7880 BISCAYNE BOULEVARD, AS PER PLANS ON FILE; SAID ANTE'I,.'NAS TO HAVE A MAXIMUM HEIGHT, ABOVE GRADE OF 165. 33' A':D 176-33' (150) ALLOWED) ' ZONED C-4 (GENERAL COIM�RCIAL) . (Here follows body of resolution, omitted here and on file in the Cffice of the City Clerk.) U;.cn * e._nq seconded by Commissioner Dawkins the resolution was sassed and adopted the following vote - AYES: Commissioner Miller J. Dawkins _ Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. ':ice -Mayor Joe Carollo .Mayor Maurice A. Ferre j3w OCT 2 81982 30. ACCEPT PLAT: "RIANIZA SUB". Mayor Ferre: We are on #12 now, which is a plat on Rianiza Sub. The Plat Committee recommended it and the Zoning recommended it. Anybody here to speak on it? You recommend it? Mr. Whipple: Yes, we recommended it and Rr. Rianiza is here. Mayor Ferre: Alright, is there a motion on #12? Perez moves, is there a second? Is there a second #12. This is the Plat Committee. Mr. Dawkins: Second. I Mayor Ferre: Dawkins seconds, further discussion, call the roll. The following resolution was introduced by Commissioner Perez, who - moved its adoption: RESOLUTION NO. 82-988 A RESOLUTION ACCEPTING THE PLAT ENTITLED RIANIZA, 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 IM,%MDIATE 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, FLCRIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre ABS 1T: ",One. 7 aJi 1. AC P ,T : ":.E .'EUNE CENTER SUB". :day r rem: Take up 413, Plat Committee on Le Jeune Center Sub, everybody it and ar_rroved it and so on. Alright, Perez moves, is there a _ ..... - �_r.eza a Second. by Carollo, further discussion, call the roll on 074 OCT 2 8 1982 0 The following resolution was introduced by Commissioner Perez, who moved its adoption: RESOLUTION NO. 82-989 A RESOLUTION ACCEPTING THE PLAT ENTITLED LEJEUNE CENTRE SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; 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 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 J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. 75 OCT 2 8 1982 ft 32. APPROVE VACATION AND ABA' DOi;,%fEiIT OF A PORTION OF S.E. BAYSHORE DRIVE AT S.E. 12TH STREET. Mayor Ferre: Mr. Cardenas, tell us what you are here for. Mr. Cardenas: This is item 14. The piece in question is that we are talking about is in the corner of South Bayshore and South East 12th Street. This project has been before the Urban Development Review Board, Zoning Board, and other matters. Right here, this afternoon we are exclusively on one item. That is to get deeded from the City the piece of property marked in red. The boundaries of our client's property are these. It is kind of an L shaped, odd shaped/sized lot on the corner of South Bayshore and 12th Street. This is the street level outline of what the first floor area or street level floor will be like. This is the corner that we are talking about right here. Getting that deeded over from the City will permit us to have... this is a street level pedestrian walk through all throughout here which is one of the major items in terms of priority that caused the City to adopt the R-CB ordinance. If you might recall, the pedestrian interchange, keeping your plazas at three feet or less so that there could be pedestrian interchange. What we have done in requesting the City to deed this to us is we have, I think, done a number of improvements which go above and beyond what is called for in the ordinance at the street level. We have more than twice the number of trees and landscaping requirements of the ordinance. We have exceeded the plaza. Mayor Ferre: Mr. Cardenas, you just struck the magic word. There is a bank we have here. Do you know about the bank' It is called the J.L. Plummer Black Olive Tree Bank. Mr. Cardenas: Yes, I had been warned about that before I came here. I can't say I'm fully ignorant of what I am about to hear. Mr. Piu=er: No, it is not what you are about to hear. It's what you are about to say. Mayor Ferre: How many trees did you say you are wanted to volunteer to the J.L. Plu ner Bank".' Mr. Cardenas: I think the ordinance calls for a total of eight trees.... Xr. P.I-- ftr: No, no, not on your property. Ferre: T'hi,; is not the ordinance. -. Carollo: 'iou better not forget the oak trees. f :r. Plummer: Those on your property are called green olives. 4f'hat you are to, i t!iink, donate for the City use in all areas of Overtown and -verywhere are 'black olives. Because the ones on your property develop :lars, that is wily they are called green olives. - :. :':a••'::%r Ferre: Dawkins, you better explain to Plummer that black olives ,other, to do with the Black community. Dawkins does not have any problems with black olives. docsr.'t is that they do not have any white olives. are cod iizant of the civil responsibilities that you appreciate this spirit of volunteerism, :'`'.is is a rather moderate sized project, but spirit and obviously are ready, willing, and able such a vo.unteer statement on our part. `76 OCT 2 8 1982 ♦ 0 Mayor Ferre: How many did you say'. I was distracted. You said you were going to volunteer how many? Oh, I'm sorry... Mr. Dawkins: He was leading into it. Mr. Cardenas: How many trees were you thinking of, Commissioner Plummer? Mayor Ferre: No, it has to be volunteered. Mr. Plummer: I was thinking exactly the same number that you had in mind. Mr. Cardenas: What we would like to do is we would like to.... Mayor Ferre: Those trees do not cost anything, Al. Volunteer 100 trees. Mr. Cardenas: ....right, we would like to agree on whomever you designate from the City to choose a type of landscaping and where it should go that you feel most beneficial to the City. Mayor Ferre: In the past, you want a piece of property from the City. The City is going to give you the piece of property. Usually what happens here is we cannot force you to do anything, but in the past people have volunteered 100, 200, 300 black olive trees eight feet high or whatever it is. It is no big thing. It is just a question of how many black olive trees you think you would like to donate to the.... Mr. Cardenas: Sure, I understand. This is a .... Mr. Plummer: That looks like exactly 101 trees. Mr. Cardenas: I thought it looked more like SO trees. I.... Mr. Plummer: Well, you see, it is a distance further away from me. Mr. Cardenas: Let me...could I bring it a little closer? Mr. Plummer: No, that size is fine. If anything you can take it back a little bit. Did you say 101 or was it 102? Mr. Cardenas: I said 102, Commissioner. Mr. Plummer: 'iou know, that is a fine man for you. Took the higher because it shows you are high class. `Sr. Cardenas: Thank you, Commissioner. `".r. Dawkins: I would like to know one thing. "r. Caroilo: How many feet tall did you say they were going to be? Cardenas: Well, we like to keep them young and healthy, Commissioner. ".:. Dawkins: But will this be before the Argueyo fight or after? Because 1 don't know if you w-11 be able to afford them after the fight. "r. Cardenas: I think it will be wise for the City to accept the offer for to it. Pl,--mer : I so move. ere is a motion on item 14. `.�cr-,r, Further discussion? ne thank you for proffering _ n ar�_ 7� OCT 2 8 1°82 • 4b Mr. Percy: Subject to the covenant. Mayor Ferre: Subject to what? Mr. Percy: To proffer a covenant. Mayor Ferre: Mr. Cardenas, you have to proffer a covenant to do what, Howard? Mr. Gary: I think he said that he was going to proffer a covenant that he is going to provide the 102 trees and we need to have that. Mayor Ferre: Fine, based on that we are going to vote on it. Mr. Cardenas: That's right. We are covenanting that we will provide the City, at its request from where it requested a total of 102. Mr. Plummer: No, no, no, no! The City did not request. Mayor Ferre: No, no, this is voluntary. Mr. Cardenas: We are volunteering to the City ... I did not say the City requested. I said that our request referred to the type of tree. Why don't we say black olive, then. We will volunteer 102 young black olive trees to be.... Unidentified Speaker: Not too young. Mr. Plummer: Yes, that is all right. 50 year old black olives are young. Black olives are 100 year trees, and Mayor Ferre: Or appropriate substitute thereof that the Plants Department will agree to. O.K.? Mr. Cardenas: O.K. . Mr. Plummer: This has been working so well that next week we are going to strike out for mahogany because they are more expensive. Mayor Ferre: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-990 A RESOLUTION VACATING AND A,BAPiDONING A PORTION OF SOUTHEAST BAYSHORE DRIVE R/W AND GRANTING SAME TO SOPHAL INC. , ADJACENT OWNERS OF LAND BEING PLATTED LOCATED AT SOUTHEAST 12TH STREET AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE A QUIT-CLALM DEED THEREFOR. (Here follows body of resolution, omitted herein and on file in the Office of the City Clerk). upon being; seconded by Commissioner Dawkins, the resolution was .,,sssed and adopted by the following vote: :S: Cor.:missioner J. L. Plummer, Jr. Co=issioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins ize flavor .ice Carollo `ta:or �.auric. A. Ferre 7S OCT 2 8 1962 qb 16 33. ACCEPT PLAT: "BRICKELL SHORE TOWER". Mayor Ferre: We are on item 15, which is the Brickell Shore Tower resolution. The Plat Committee recommends. The Zoning Board recommends. Any discussion? Mr. Plummer: Where is the applicant? Mayor Ferre: This is the applicant right here. Mr. Gary: It's a companion item; same. Mr. Plummer: Oh, same? I move item 15. i Mayor Ferre: Plummer moves. Mr. Perez: Second. Mayor Ferre: Perez seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-991 A RESOLUTION ACCEPTING THE PLAT ENTITLED "BRICKELL SHORE TOWER SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI; AA'D ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING A,ti'D DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECOMME2,'DATION OF SAID PLAT IN THE PUBLIC RECORDS OF DARE C017NTY, FLORIDA. (Here follows body of resolution, omitted herein and on file in the Office of the City Clerk). Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote: AYcS: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice *savor Joe Carollo Mayor :Maurice A. Ferre '.COLS; Sonr . T: 'None. 9 OCT 2 8 1982 Li lb 34. BRIEF DISCUSSION ITEM- MICROWAVE TOWERS AT 7880 BISCAYNE BLVD. NOT TO INFRINGE ON CITY OF MIAMI CABLE TELEVISION FRANCHISE. Mr. Plummer: Mr. Mayor, may I revert back to item 8? Mayor Ferre: Yes, sir. Mr. Plummer: I would like, Mr. City Attorney or whomever, that an amendment be added to that item 8 that in no way can these microwave antennas infringe upon the City of Miami's Cable franchise. Mayor Ferre: Oh, sure. Do you accept that as part of the resolution, Demetrio Perez? Mr. Perez: Yes. Mayor Ferre: Do you accept it Carollo? Mr. Carollo: Yes, definitely. Mayor Ferre: Do you accept it, Dawkins? Let the record reflect that the legislative intent of the City Commission unanimously was in voting for that resolution that in no way would it.... Mr. Plummer: ....infringe upon the cable franchise. 35. ACCEPT ADMINISTRATION'S RECOMMENMATIONS FOR POLICY ON STREET NAME CHANGES OR DESIGNATIONS. ?savor Ferre: We are on item number 16, Mr. Manager. Mr. Ga rj: Mr. Mayor, I would like for Mr. McManus to explain this subject matter. Mr. Plummer: Are you going to tell us about the Howard Gary Plaza? Mayor Ferre: All right, Mr. `.McManus? `!r. McManus: Mr. Mayor, Members of the Commission, on September 23rd there was a discussion on the item on your policy on street name changes. In ;our agenda package we have appended the minutes from that meeting. What we are suggesting is that on the current City Commission policy on street :tame changes that the current City policy has expressed in your Commission policy on resolutions be repeated and augmented by considering three alternatives renaming; streets. That is you would consider a marker or a plaque. Secondly, t:;at you"L7ould consider naming a plaza, that is a street intersection. Thirdly, t:st you would consider cc -designation as alternatives to renaming streets. Mayor, we are saying as a part of your policy that you would consider these in that order. First of all, you would consider a marker; secondly, _ plaza; thirdly,co-designation in preference to renaming. action do you reed of this Commission to comply? Let me quickly touch on the other points here. Then what e:c.^send is that you pass this as your policy and how you intend _uest_ n of street names. so OCT 2 8 1982 _ L] 21 Mr. McManus: We are suggesting certain criteria that street names will not be changed where there is a present historic tradition, such as many of the streets names in Coconut Grove, historic precedence there that name streets will not be co -designated. In other words, it leaves the opportunity of number streets eliminating co -designation. The numbered streets will not be code -designated for commercial purposes only. Lastly that numbered streets would only be co -designated if there were a significant historical neighborhood or community benefit. That of course, would be your determination on what that.... Mr. Plummer: All right, do we have to do this at a public hearing? Mr. McManus: This is an advertised hearing. Mr. Plummer: It is a resolution, not an ordinance. Mr. McManus: That is right. Mr. Plummer: Moved by Commissioner Dawkins. Seconded by Commissioner Perez. Is there anyone wishing to discuss? Sir, come forward; your name and mailing address for the record. Mr. Lester Gershen: My name is Lester Gershen. I reside at 1631 N.E. 114 Street. I am appearing on this number 16 just as a reminder to the Com- mission that we, Florida East Coast Properties, appeared before this Commission and we obtained a change of street at the intersection of 15th Street and the Venetian Causeway. The designation was to be Plaza Venetia. That's two and a half years ago. It has not come into actuality. Mr. Plummer: That is the thing that the Manager would have to remind Metropolitan Dade County Traffic and Transportation. Mr. Gershen: That is the reason that I made the comment. Mr. Plummer: kll right, any further discussion? Joe, we are on item 16. It has been moved by Commissioner Dawkins and seconded by Perez. We are at the point of calling the roll if you have no discussion. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: KESOLL?ION NO. 82-992 A RESOLUTION RESCINDING RESOLUTION NO. 77-506; DATED JUN E 16, 1977, AND COMMISSION POLICY 2100-1 CONCERNING THE NLXERICAL QUADRANT SYSTEM FOR STREET NAMES BY REVISING COMMISSION POLICY CONCERNING REQUESTS TO THE CITY CO:-IISSION FOR CHANGING STREET NAMES OR DESIGNATIONS IN THE CITY OF MIA.MI; AND DIRECTING ADMINISTRATIVE 1IMPLEMEtTATION . !Here follows body of resolution, omitted herein and on file in the Office of the City Clerk). Upon being; seconded by Commissioner Perez, the resolution was •,.assed and adopted by the following vote: LS: Co=issioner J. L. Plummer, Jr. Commissioner [)emetrio Perez, Jr. Co =issioner Miller J. Dawkins ice `ia:or , e Caroilo S1 OCT 2 8 1982 46 36. APPROVE ADMINISTRATION'S RECO!,DIE'NDATIONS FOR REDUCTION IN PUBLIC HEARING FEE FOR PLAZA VENETIA PHASE II. Mr. Carollo: We are on item 17. J.L., can you run the meeting? I have to step out for one second. Mr. PLummer: All right. Item 17, Plaza Venetia. Mr. Gary: Commissioner Plummer, Members of the Commission, Plaza Venetia received on September 25, 1980 a height variance for its Phase II Venetian Plaza. There was a stipulation in the variance that would permit them to utilize existing plans basically but would have provided for a certain change in the design to make the building prettier. Plaza Venetia came in with their revised plans. The revised plans basically made the building appearance wise what —the redesign in terms of appearance is much better than the original plan that they submitted. However, the height of the building was increased by 32 feet. I must add that the 32 feet increase does not permit them to add another floor of usable space for occupancy. The usable space is primarily because they plan to put an atrium. It also slopes the design. It allows them to put beams in. What we are recommending here today instead of having Plaza Venetia pay the total amount that they have already paid for the building, we are now asking that they only pay that portion of additional height requirement, which is 32 feet to the City of Miami. I must add that we are in support of this not only because we think it is fair. We are in support of this because in terms of esthetic view we feel that they have designed a better building than they had before. We will be coming back to you because we feel that this is very minor in terms of technicality, we will be coming back to you at a later date that would allow the Manager to make those kinds of decisions without coming back to the Commission. Mr. Dawkins: Mr. McManus, who is the owner of Plaza Venetia? Mayor Ferre: Tibor Hollo. IDENTIFIED: The owner of Plaza Venetia is Tibor Hollo. Mr. Dawkins: O.K., isn't this the same gentleman who came in here and got all or these variances, and I told him when he got these variances that he bought a piece of property. He went back and changed the zoning laws to fit and put on it what he wants. My only problem with this, Mr. Gary, is you keep telling me that you are short of money, and that we have to raise fees, all kind of ways, garbage fees, etc. and now here is a chance where these people want this. They should be made to pay for it. '.,;e should not subsidize him by dropping it as a favor. That is my personal ::pinion. ':r. :-arv: Can I e—Plain something to you, Commissioner Dawkins? r. Gar.: "First of ail, we are saying that we want to charge them. But won'[ want to go and require them to pay twice for the same thing. ` r . Dawkins: Whv not ;ar•:: For t`:e mere tact that in the original plan that was approved you came on boards it basically said that the authorize them to build that building in substantially as t plans which they had on file, which actually permitted them 3: their changing the plans, it has made the building .is opposed to some concrete monster. Because of c i; ve had in court with regard to Brickellbank and t cucii I felt I could have made that decision, I am to -ou because we don't want to jeapardize the project S2 OCT 2 8 1982 6 0 Mr. Dawkins: Let me ask you a question. Mr. Gary: Let me just add one other thing. Mr. Dawkins: Let me ask you just one more question. Mr. Gary: Yes, sir. Mr. Dawkins: Did I not understand you to say that they are adding one more floor of usable space? Mr. Gary: No, I said they were not adding one more floor of usable space. Mr. Dawkins: What is the need of increasing the building? Mr. Gary: The additional structural support beams are for an atrium. They are going to put an atrium in the center of the building. As a result they going to need structural beams to go up. Those structural beams are going — to be an open space. They cannot use it for occupancy. Mr. Dawkins: Is that spelled out in what we are granting? Mr. Gary: It is spelled out in what you are granting in the second paragraph. It is spelled out on the plans. Mayor Ferre: Do you want any action on this, Howard? Mr. Gary: Yes, sir. - Mayor Ferre: What is it you want us to do, approve it in principle? Mr. Gary: Yes, sir. Mayor Ferre: Is there a motion on item li in principle? Mr. Perez: I move. Mayor Ferre: Is there a second? Mr. Plummer: Second. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Perez, who moved = its adoption. MOTION 82-993 A MOTION OF THE CITY COMMISSION TO APPROVE IN PRINCIPLE CITY MANAGER'S RECOMMENDATION SUBMITTED THIS DATE FOR REDUCTION IN PUBLIC HEARING FEE FOR PLAZA VENETIA PHASE II. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES, Commissioner J. L. Pli—er, Jr. Commissioner Demetrio Perez, Jr. Commissioner "filler J. Dawkins - Vice Mayor Joe Carollo `-'_%yor Haurice Ferre NOES: 'gone. 53 OCT 2 8 1982 M 0 37. (A) SECOND READING ORDINANCE: NEW TRUST AND AGENCY FUND CHARRON WILLIAMS COLLEGE WORK STUDY PROGRAM. (B) AUTHORIZE CITY *UUNAGER TO EXECUTE AGREaIENT WITH CHARRON WILLIAMS COLLEGE Mayor Ferre: We'll do 24. Is that a problem? Mr. Gary: No, Mr. Mayor, it is merely accepting money from Charron Williams to have a work study program. You passed it on first reading. We need to have it passed this time. Mr. Dawkins: This has nothing to do with your fund freeze because you said that the freeze wasn't on grants...... Mr. Gary: No, sir. These are Federal funds. Mr. Plummer: *cove it. Mr. Dawkins: Second. Mayor Ferre: Plummer moves; Dawkins seconds. Further discussion on 24(A)? Call the roll. Read the ordinance, please. Asti ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATION ORDINANCE, AS AMENDED; BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: "CHARRON WILLIAMS COLLEGE WORK- STUDY PROGRAM"; APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE TOTAL AMOU:;T OF $.39,560; $31,648 TO BE RECEIVED FROM CHARRON WILLIAMS COLLEGE AIND $7,912 FROM CITY FISCAL YEAR 1983 SPECIAL PROGRAMS AND ACCOUNTS - MATCHING FLNDS FOR GRANTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of October 14, 1982, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner "tiller J. Dawkins Vice "savor Joe Carollo ".a -,,or Maurice A. Ferre D. 'ni)i:�FtiC:: WA, D'�3!,SNATZD ORDINANCE NO. 9509 The pit': Atto^.le_' read the ordinance into the public record and announced tt;at copies were available to the members or the City Commission -54 OCT 2 8 1982 u Mayor Ferre: Take up 24(B), which is related. Mr. Dawkins: Move it. a Mayor Ferre: ;loved by Dawkins. Is there a second? Mr. Plummer: Second. Mayor Ferre: Second by Plummer. Further discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 82-994 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, WITH CHARRON WILLIAMS COLLEGE FOR THE PURPOSE OF PROVIDING L-MPLOYMENT AND WORK EXPERIENCE TO STUDENTS ELIGIBLE TO PARTICIPATE IN THE COLLEGE WORK-STUDY PROGRAM IN SUBSTANTIAL ACCORDANCE WITH THE TERMS SET FORTH IN THE ATTACHED LETTER DATED SEPTEMBER 22, 1982 FROM SAID COLLEGE, WITH FUNDING FOR SAID PROGRAM CONSISTING OF $31,648 FURNISHED BY THE COLLEGE AND $7,912 TO BE PROVIDED BY THE CITY FROM CASH -MATCH FUNDS. (Here follows body of resolution, omitted herein and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre `DOES: None. ABSENT: None. 38. FINAL R ADI;G: OF ORDINANCE 9419 ENTITLED ADMINISTRATION REQUIRING FELL DISCLOSURE OF ALL PARTIES MAKING PRESENTATIONS OR PETITIONS TO THE CITY COMMISSION, ETC. Mayor Ferre: .11 right, 23. Carollo, this is your item. Mr. Garollo: 1 move, Mr. :favor. or Ferre: Ho14 on. Does anyone want to speak on item 23? This :3r-::alizes wnat we did in a resolution. It is a legal way of doing .. 1 guess. urcia-i'ec:csa: 7es, Mr. Mayor, there is one change between first and e one r��di :::at is we eliminated the old section 5, which no longer =<<s.b wc rncw. now we follow 166. We put in a new section 5, at the intent of the Commission is that the ordinance =:a t t � rs "ending but not finally decided upon by any upon appeal, if any. S5 OCT 2 8 1982 a i Mayor Ferre: Is that a substantial change? Mr. Garcia -Pedrosa: No, sir. I think it is merely a clarification of what the Commission's intent was. Mayor Ferre: Let the record reflect that the testimony read into the record by Rose Gordon and Mr. Wolf, President of the Real Estate's Realtor's Board, is really part of this. Let the record so reflect rather than as a part of 7. She was just anxious to jump on that so she could make her statement and get out of here. Any further discussion on this? Is there a motion on item 23? Mr. Carollo: There is a motion. Mr. Plummer: Second. Mayor Ferre: Further discussion? Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CHAPTER 2 ENTITLED "ADMINISTRATION" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING A NEW SECTION NUMBERED 2-308 PROVIDING FOR FULL DISCLOSURE BY ALL PARTIES MAKING PRESENTATIONS, FORMAL REQUESTS OR PETITIONS IN WRITING TO THE CITY COMMISSION OR ANY CITY BOARD OF ALL PARTIES HAVING A FINANCIAL INTEREST, EITHER DIRECT OR INDIRECT, IN THE SUBJECT MATTER OF SAID PRESENTATION, FORMAL REQUEST OR PETITION: CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Passed and adopted by title at the meeting of May 27, 1982, it was taken up for its final reading by title and adoption. On motion of Commissioner Carollo, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. * Commissioner "filler J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. 5:1:D ORDINANCE WAS DESIGNATED ORDINANCE NO. 9419 The. City attorney read the ordinance into the public record and .,:.nounced that copies were available to the members of the City Commission and to the public. :w ROLL CALL: * "r Dawkins: 1 vote yes and in voting yes I want to state for the record :,>;ain I have never been against a full disclosure. My only argument was 1 did not feel that it was retroactive. The City Attorney says it is. a.re:ore, I vote yes. 56 OCT 2 8 1982 P--1 u 0 39. FIRST READING ORDI;;AjNCE: AMEND CKAPTER 22 ENTITLED GARBAGE, TRASK, AND RUBBISH OF THE CITY CODE BY RAISING THE FEE FROM $75 TO $100 FOR RESIDENTIAL. UNITS, ETC. Mayor Ferre: 26, Garbage, trash, and rubbish. Mr. Manager, what does this do? Mr. Gary: Mr. Mayor, if you recall, when the City Commission adopted the FY'83 budget, part of that budget included revenues from the increase in the sanitation fee from $75 to $100, which raises approximately $2 million. The budget was adopted. The subsequent ordinance had to be passed to effectuate those increases. The City Commission failed to approve those increases, which in effect puts us in the position of having a budget which is $2 million short, which puts us in a situation of having a potential budget that is not balanced, which is not in accord with State Statutes in terms of requirements of having a balanced budget. I think it is important to note that as a result of the $2 million anticipated loss in revenues that I have implemented a freeze in compliance with the State Charter, I mean our Charter and the State law. It is important to note, Mr. Mayor and Members of the Commission, that if the City Commission does not approve this ordinance today on first reading (and really, it should be an emergency for the mere fact that the longer we wait, the more money we lose in terms of receipt of revenues and investment of tax dollars) that it will have a tremendous impact on our Police Department and all other departments within the City. Currently that freeze applies City- wide. As you know, we made some proposals to the City Commission that basically would allow us to increase our police activities in terms of civilianization as well as additional police officers on the street. At current, that is frozen. Secondly, I have had departments develop alternative means of reducing that budget to come up with the $2 million. L anticipate that will affect City-wide in terms of our ability to provide services. Mr. Dawkins: Mr. "tanager. Mr. Gar.: Yes, sir. Mr. Dawkins: k'hen you presented your budget and I voted for the $25 garbage tax, was your budget in balance? Mr. Gary: Yes, sir. Mr. Dawkins: So, in reality I concurred with you and cooperated with you for a balanced budget. Am I right? ',,r. Sary: Yes, sir. `:r. Dawkins: :;cw, alon', cues the Citizens Against Crime. They want 250 policemen anc cney rhrow our budget out of balance. Am I correct or wrong? '!.*. Gary. Yeas, sir. ^r. Dawkins: But yet, nobody says that we threw the budget out of balance .,ivinh toe �:6 doll,cemen to the Citizens Against Crime. All you continue _ say is the C.:,;:wiission is responsible for your budget being out of _.:.ance because refuse to vote for the $25 garbage tax. This is in ^I, opi::ion, Mr. Gary. See, you in your wisdom, and we sat as o �n and agreed with you. You had a balanced budget. You were tc, caha s:.e civilians and put in the Police Department. You were e- :policemen on the streets: a hundred of them. So, to Get the idea that this Commission is not cooperating .c.:, s alar.ce the budget. The balance was thrown out or the :..:ainst Crime. I: I am wrong you correct me now, OCT 2 8 1982 ft a Mr. Gary: I have no comment. Mr. Dawkins: O.K., thank you. Mayor Ferre: As I recall, however, there was a vote at that time. I am trying to remember who voted for it because everybody I talk to says, "Not me!" But we had three votes on this, so there were three votes on this $25... That is what you are talking about. Isn't it the $25 garbage increase? Who are the three people that voted for it? Mr. Dawkins: You, Plummer, and Dawkins. Mayor Ferre: That's right. Mr. Dawkins: But it was done before we gave 50 policemen to the Crime Commission. That is my problem. That's what I am trying to understand. When I voted for it, nobody told me that we were going to have the Crime Commission come before us and demand 50 policemen, which we were going to tell the Manager to go find the money for. Mr. Perez: But Mr. Manager, this increase in the garbage collection will go to the Police Department. It will not improve the quality of the Solid Waste Department. Mr. Gary: That is not correct. I tend to look at the budget not in terms of who collects the money and for what purpose, because if we do that the wealthiest department in the City of Miami would be the Finance Department. What I attempt to do, Commissioner Perez, is to view the budget as a whole whereby revenues come into the total pot. But in this particular case, it was understood that first of all if we did not have the increased garbage fee as I proposed in my original budget without the 50 police officers, that we would have to have considerable service reductions throughout the City. It was based on that philosophy that I recommended a $25 increase. Then came the Citizens Commission Against Crime, who wanted to increase the Police Department's manpower in terms of sworn personnel by approximately 250, of which the City Commission agreed to 50. Those 50 additional police officers were financed by increases in other revenues, which this City Commission approved. SIS OCT 2 8 1982 Mr. Dawkins: Which was the garbage increase, $25 garbage increase. Mr. Gary: No, sir. I would like to refresh your memory. When we took the break during the budget hearing I had to come back with additional revenues other than garbage fees. Those additional revenues included an increase in the contribution from the F.P. L. franchise, an increase in certain police fees and an increase in certain public works' fees. Mr. Dawkins: Then we did at no time, since we started talking about the budget increase the garbage fees by $25? Mr. Gary: I'm sorry, I did not understand. Mr. Dawkins: At no time since we started discussing the budget did we increase the garbage fees by $25. Mr. Gary: My proposed budget. Mr. Dawkins: No, no, no, wait now, wait! This does not go into effect until '83-'84. Am I right? This one that we are voting on now. Mr. Gary: No, '82-'83. Mr. Dawkins: But we have already increased the garbage fees by $25. Haven't =- we? Mr. Gary: No, sir. This is what this is all about. '.Mayor Ferre: No! You should not call this the "Garbage, Trash, and Rubbish." You should call it the bullet biting ordinance. That is what this is. Mr. Garv: Right, if I can recall, Commissioner Dawkins, last year which is fiscal year '82, we had $75. When I recommended my initial budget I requested that it go up to $100. This is what this ordinance does. It increases by $25 my original proposed increase in the budget. Mr. Dawkins: Let me get one thing from you since I'm confused. I do not mind telling you that I am confused. Are you telling me that I'm voting now only for a S-25 increase in garbage collection? Mr. Gary: That is correct, sir. ".r. Dawkins: T'aat if I find out anywhere where I voted for a $25 and a 535 or a $35 and a $25 I can rescind this? �!r. Garv: That's correct. We only have one increase from last year. That s this ordinance, which was in my original budget I submitted to you. Now, so that you will not assume that I'm trying to pull your leg, we also have fees that we charge other people with regard to garbage. That goes up ,roportionatelv ; b;:t t:7is is basically the $25 fee. '•!ci,;or Ferre: gait a minute. Let me understand this right. This $25 will - raise ;2 million. ,-ar . ,orrect. '!:-:Cr 'r'�*rr_: '-iow muc.n is the County increasing? .. r_c:: :n�. _- ��ty is increasing their fee. IS9 OCT 2 8 1982 Mr. Gary: The County is approximately $195; almost $200. Mayor Ferre: No, no,they are increasing their charges to us several hundred — thousand dollars. Mr. Gary: Oh, the County is increasing by approximately $3 million. Mayor Ferre: How much? Mr. Patterson. Mr. Gary: I was correct. The increase to us is approximately $3 million in disposal fees. Mayor Ferre: So they are increasing $3 million. In effect, this gives us $2 million of those $3 million. Mr. Gary: Correct, sir. Mayor Ferre: O.K., do you want to say something? Mr. Perez: Let me ask him something. Mr. Manager, if the voters do not approve the curb side system next week, anyhow we will have to increase the collection charges anyway. Mr. Gary: That is correct. Mayor Ferre: That is for this year. If you will remember the vote is for '83-'84 and '84-'85. Mr. Dawkins: Well, you see, that is what I am saying. We are going to increase garbage fees by $50. Mayor Ferre: No, sir. Mr. Gary: No. Mr. Dawkins: Once this year and once in '83-'84. Mayor Ferre: Oh, yes. Mr. Gary: That is two years, though. `Savor Ferre: Maybe, but that is for us to decide next year. We may decide not to do it. Mr. Dawkins; This says that we have the right to, if we see fit, we don't have to. Mayor Ferre: No, this says that we are increasing this year $25. The vote on Tuesday says (it's a straw ballot): "do you want the garbage picked up in the front of your yard? If you do, we promise that we won't increase vour tee for '83-'84, '34-'85. If you do not, if you want it picked up in the back yard, we are going to increase your fee $30." That is what we are tell-ing them. ';r. Dawkins: :hat is $30 and $25 is $55. Those $25 are going to hire licem.en. )-al S35 of it is going to pick up garbage. `;r. ''ar,:Dawkins. "r. Dawkins: mar ;.!:en :ou or one of the three.... awnin,: haves no problem changing my vote. jr twat voted for the budget, which was $25. This is the n:e till you the process. When you approved it in the budget, ci two things. I can say it is approved and implement the _ 4.6 better arter you approve the budget if you are C t`:e ire to also come with an accompanying ordinance. is t o same t%ing that you voted for when you were one of the three. 90 OCT 2 81982 Mayor Ferre: C.'i.A., right? Mr. Gary: By the way, part of the reduction, Commissioner Dawkins, is for service along Manor Park. _ Mr. Bill Smith: Mr. Mayor, my name is Bill Smith, Sanitation Employees Association. What we are supposed to is the Commission did vote the first time when the public hiring was they voted against the $25 fee. Then they came back at the late hours of the night and agreed to the fee. My point is that this part of this money goes to help support those police officers that the Chamber of Commerce was down here screaming and yelling that they need. The problem that we have with the ordinance is that there is an additional fee here that was not addressed during that er canpublic rom hearing. to $1.00. _ They are raising the amount that they 8 P They are raising the amount that is charged per unit from 38 to 50. They are raising the basic service from 145 to 195. At the present time we have been priced, you might say, out of the market for the large apartment houses. If you can recall several years ago when there was no garbage fee, the City enacted an ordinance that prohibited the Solid Waste Department from dealing with commercial1 arbage fee and we do not pick up large residential condominiums; we do not pick up large residential apartments due to the fact that if there are 100 units in an apartment building, it is cheaper for those owners to go to private service than to offer City service. The police officers that this fee is going to go to toward 'hiring is going to protect all the people in the City of Miami. Therefore, all the people in the City of Miami should contribute to this fee, not just the home owners, the middle class and the poor, but the people that live in those $200,000 condominiums should support those police officers because they are being protected wouldalong likewith seeeverybody feeelse. based upon binswould thatlike to see here is a parity. a large condominium would need, rather than per unit. Therefore, we can compete with the private people. That's all. We want to be able to compete to get more so that everybody will contribute to the Police Department and not just the Solid Waste Department. Mr. Peter Joffre: Mayor and Commissioners, my name is Peter Joffre. Mayor Ferre: Peter, how did you do on radio yesterday? Did you guys go to '4QBA? Mr. Joffre: we went and ever: call that came in was in favor of keeping service the way it is. No curb side. `favor Ferre: :ell them to vote that way. Mr. Joffre: I did say that hoping they would vote that way. First of all, `tayor, I think we are deceiving the public when we ask them in the ballot to vote for the year for $30 more for the year arasefor another i, and before tt:ey even get a chance to vote they get - .5, ma -,-or Ferre: iletQr, that has already been done. As the Manager said, :e hair: alread: ot�c :ar that. All this does is formalize what we voted ror. - r. other problem that I foresee here is the apartments that force _;of_re: ;eu r,a.e�and ttr ca=ercial that you have. This increase is going to All :'"Iem to go to private, so you are going to wind up losing money. you a duplex, and . ,re hurtin6 are t:.e fellows that ow-n single family Brickell homes, Avenue _ and who lives triplex. triplex. beca�ar. ,� fellow that lives on they are on private service. C� i:�ntown where the policemen are going to go, �.. r _ �rre : ; ,�r _ _ � a ,. ear they are going to go to private? ;lave private. Some of the cans that you are going r a can to ;i a can extra that they are paying by making r quite is a bit of an increase. 91 OCT 2 8 1982 Mr. Joffre: The only way that I can see this is if this Commission must pass an ordinance that all residential should be picked up by the City and insure to pay the same fee. This will bring more revenue into the City and you don't even have to raise your fee because it would balance out. Let us compete with the commercial. Mayor Ferre: We have a lot of senior citizens here so we need to finish with 26. Mr. Joffre: Mayor, there is another item here that been put into the ordinance, not involving money, but it said: "shall be entitled to the collection of all garbage placed in a approved containers commencing January 1, 1983." My problem with this is it does not tell me what type of container I'm going to have. You may have come January 1983 a container made by XYZ, and I can only buy it from XYZ and it will cost me $60. I think this should be wrong. Either it should state what kind of containers they want so we know where we are going. Mayor Ferre: Mr. Manager, does the Administration and Mr. Patterson have any response? Mr. Gary: Where do you want us to start, the beginning? Mayor Ferre: I think you can summarize it rather quickly. Mr. Gary: First of all, I think when you start talking about additional requirement that everybody who lives in the City or every building has to utilize City garbage services, first of all you have to amend your current code, which prohibits that. Secondly, Mr. Joffre fails to present a two sided case which says that if we decide to pick up high rises, obviously we have to hire more people, obviously we have to purchase more equipment, and if you take, for example the current cost of sanitation services, our fees that we are now charging do not equal the costs of picking up those services. The more you add, the less money you are going to receive compared to the cost. Mr. Carollo: Howard, how many apartments do you have in that apartment building you own out there? Mr. Gary: Which one? - Mr. Carollo: There you go saying which one. Which one, see? That answered my question. — Mr. Dawkins: Mr. Patterson, is it true that when we do not collect garbage from the condos that the City has to pick up the trash because the private hauler will not haul the trash? `!r. Clarance Patterson: No, Commissioner, that is only true in part. us,cjr Fer-e: I think you ought to stop that right away. ":. Pattersnr:: As you know the garbage fee only represents 40% of the cost, of the operation. ;)L k3ns: No, Mr. Patterson, let me rephrase it. 1erro: Answer his question. .-ir. Dawkins: are there any condos out there that are paying private haulers -or gar�a�ze and the City of Miami is picking up their trash? ^t to stop i=ediately. 92 OCT 2 81982 Mr. Gary: Let us be careful. Mayor Ferre: Either that or they pay. Mr. Gary: No, they are paying. One thing you are failing to realize is that for the Sanitation Department budget, which is $25 million the people who live in condos pay taxes to support that department. Mr. Dawkins: Well, then there is no need to charge an extra $25 assessment. Mr. Gary: If I may. Mr. Dawkins: Hold it. Let me say something. I mean, I want to go home at 7:00 o'clock. Mr. Gary, I'm going to vote for this and let you work it out any way you want. I move it. Mr. Gary: Thank you, sir. Mayor Ferre: We are on item 26. There is a motion. Plummer, do you second it? Mr. Plummer: Yes. Mayor Ferre: Plummer seconds. Further discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CHAPTER 22, ENTITLED -GARBAGE, TRASH AND RUBBISH,- OF THE CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING SECTIONS 22-1, 22-29 22-5, 22-60 22-7, 22-8, 22-9, 22-10, 22-13 AND 22-39 OF SAID CHAPTER 22 AND BY REPEALING IN ITS ENTIRETY EXISTING SECTION 22-11 OF SAID CHAPTER AND BY =_ RENUMBERING EXISTING SECTION 22-12 AS NEW SECTION 22-11 AND BY RENUMBERING EXISTING SECTION 22-13 AS NEW SECTION 22-12 AND BY ADDING A NEW SECTION 22-13 PROVIDING BY =_ SAID AMENDMENTS THE FOLLOWING: A CHANGE IN THE CHAPTER TITLE TO "GARBAGE AND TRASH-; NEW DEFINITIONS THEREIN FOR THE TERM "TRASH" AND DELETION OF THE TERM "RUBBISH" FROM EXISTING DEFINITIONS; THAT THE NAME FOR CONTAINERS USED BY THE PEDESTRIAN PUBLIC BE CHANGED FROM "TRASH" TO "LITTER" AND DEFINING SAID LATTER TERM; THAT ALL SINGLE FAMILY HOUSEHOLDS AND DUPLEXES SHALL BE ENTITLED TO COLLEC- TION OF ALL GARBAGE PLACED IN APPROVED CONTAINERS; COMMENCING JANUARY 1, 1983, THE FOLLOWING FEE INCREASES: AN INCREASE FROM SEVENTY CENTS ($0.70) TO ONE DOLLAR ($1.00) IN THE CHARGE FOR EACH CONTAINER 114 EXCESS OF THE NUMBER OF CONTAINERS ALLOWED CERTAIN COMMERCIAL ESTABLISHMENTS _ FOR REGULAR SERVICE COLLECTIONS; AN INCREASE IN THE ANNUAL WASTE FEE FOR THE ' PURPOSE OF DEFRAYING THE COST OF WASTE COLLECTION AND DISPOSAL FROM $75.00 TO $100.00 FOR RESIDENTIAL UNITS, FROM $38.00 TO $50.00 FOR DWELLING UNITS IN AN APARTMENT BUILDING, FROM $145.00 TO $195.00 FOR ALL BUSINESSES NOT SERVICED BY PRIVATE SANITATION COMPANIES; THAT THE WASTE FEES AND DELINQUENT PENALTIES TO BE ASSESSED IN SAID CHAPTER AND THOSE FEES WFICH HAVE BEEN ASSESSED SINCE JANUARY 1, 1981 CONSTITUTE SPECIAL ASSESSMENT LIENS; CONTAINING A REPEALER PROVISION, AND A SE%iRABILITY CAUSE. .,- 8 1982 to Was introduced by Commissioner Dawkins, and seconded by Commissioner -- Plummer and passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. * Commissioner Miller J. Dawkins Mayor Maurice A. Ferre NOES: Vice Mayor Joe Carollo Commissioner Demetrio Perez, Jr. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ON ROLL CALL: * Mr. Dawkins: Mr. Gary, as I vote for this, I want to be sure that I know what I am doing. If this does not pass by the voters, what? Mr. Gary: If this does not pass, if the referendum, which this is not, does not pass, the City Commission has the authority next year to determine whether or not.... Mayor Ferre: It has it anyway, Howard. This is a straw ballot on Tuesday. It is non -binding on this Commission. It has nothing to do with this year. Mr. Gary: I was assuming that whatever the voters.... Mayor Ferre: That is up to Miller in his conscience; and that is up to Ferre and his conscience; and that is up to Perez and his conscience. Mr. Dawkins: The other part of it is, I think I heard them say that if the people say they want back yard pick and they are willing to pay the difference, then we would charge them the difference. Is that right? Mr. Gary: That is correct, but to be decided by the Commission. Mr. Dawkins: See, I want to make sure we get this all out front. You are telling me now that you need the increase in order to provide the garbage pick up. If the people do not vote for it you have a stand still, etc. and etc. In the event that the people still want that back yard pick up, then you are evidently going to hire more people in order to go to the back to pick it up, because you say now you do not have enough men to pick up in back. Ain I right or wrong? `ir. Gar-:: Basically correct. "r. Dac.kins: Thank you. I vote yes. -------------------------------------------------------------------------- NOTE FOR THE RECORD: Agenda item No. 27 was deferred to November 4th. ------------------------------------------------------------------------ NOTE FOR 111E RECORD: Agenda item No. 29 was deferred to November loth. ------------------------------------------------------------------------- 9� OCT 2 8 1982 M 4 40. PERSONAL APPEARAINCE: ORLANDO URRA AND AR`fAIN'DO PRIETO re THE DISPLEASURE OF THE RESIDENTS OF THE ALLAPATTAH CO.%f-R7NITY IN THEIR RECO:MENDED DISTRICTING PLAN. Mayor Ferre: Orlando Urra, I know these are all your people here. Mr. Urra, all these people from Allapattah are here on your behest. Is that right? Who is the spokesman for them? Who is going to speak? I don't care. Identify yourselves and make your statement into the record. Mr. Orlando Urra: My name is Orlando Urra. I live at 1800 N.W. 24 Avenue. I am the representative of the Allapattah Community Action, Inc., Executive Director. If it is possible, I would like to speak in Spanish because I want to use my best expression. Mayor Ferre: Yes, do we have a translator here, Mr. Manager? Mr. Manager, we need a translator for Mr. Urra. Mr. Gary: Cesar. Mayor Ferre: Would it be all right if you synthesize so that he does not have to go one sentence. Let him speak for a couple of paragraphs and then stop. Mr. Urra: COMMENTS IN SPAINISH. Mr. Cesar Odio (Translating for Mr. Urra): Mr. Mayor and Commissioners, they came here to protest the way that the Miami Herald published the publication of the districts. *Savor Ferre: Cesar, let him speak for a couple of paragraphs and then you can synthesize. Mr. Urra: COMMENTS I.. SPA-NISH. Mr. Cesar Odio (Translating for Mr. Urra: He said that his opposition is not on ethnic background. He has nothing against his Black brothers. It has to do with something else that he has not said yet. Mr. Urra: COMMENTS IN SPANISH. Mr. Odio (Translating for Mr. Urra): He has expressed his views that his position has nothing to do with ethnic backgrounds. They supported Father Gibson against Commissioner Carollo. They supported Commissioner Plu=er against a Cuban. His position has nothing to do with ethnicity. Fie has nothing against Blacks or anybody else. Carollo: For the record, he has been forgiven. He supported me in last election. Mr. .,rra: ;,nd in future ones. COMMENTS IN SPANISH. Fir. Odio-(Translating for Mr. Urra): He said that before they had a �o=unity that reached 54th Street, then later they agreed that a community should reach only to 36th Street. So they agreed that their _ ,�^iunit: would be reduced. :'. , rra. C�'"'VE.:TS ?:; SP.-%-% ).i. 95 OCT 2 8 1982 Mr. Odio (Translating for Mr. Urra: His community has six precincts and under no circumstances they want any of them left out of their district. That is why they are not accepting the districts because they would lose some precincts. That is something they will not accept. Mr. Urra: COMMENTS IN SPANISH. Mr. Odio (Translating for Mr. Urra): He said the neighborhoods were not respected in the cuts that were made when the districts were drawn out. That is why they are objecting. Mayor Ferre: He said more than that. He said the mandate of this City Commission was that neighborhoods were to be respected. What has been decided disregards the integrity of our neighborhood. Mr. Odio: Yes. Mr. Urra: CO?TMENTS IN SPANISH. Mr. Odio (Translating for Mr. Urra): He said that the districts should be drawn out correctly if you wanted their support or anybody to vote for districts, they would have to be drawn out correctly. That is why he thinks that they cannot support it until they are done that way. Mr. Armando Prieto: My name is Armando Prieto, 1851 N.W. 22nd Place, right in the heart of Allapattah. My dear Mayor, my friends the Commissioners, ladies and gentlemen, what we are here today for is a very just cause, in other words, what we are trying to do is to be left alone the way we are right now. We do not want any cuts. We do not want any changes. We have worked very hard to establish the physical shape of our community. We like it the way it is. The neighbors are very happy. We fought very hard for people not to move out of Allapattah. If this boundary will bring change, this is going to cause a lot of trouble within the residents of the community. I do not know who designed these. I do not know who recommended these. But believe me, whoever did it, they were not thinking about us at all. I'm not going to repeat Orlando because he stated [his views) very clearly. Not one inch of our physical structure of our community. That is it. Mayor Ferre: I'm going to say if first in English, then I will repeat it in Spanish. The Commission is letting the people of Miami decide whether or not it will have districts, four districts. The charge of this Commission to the committee designing the districts was that they should one, follow the constitution (in other words it has to be legal); and two, to try to keep the neighborhoods together; and three, not to divide people by ethnicity (in other words by ethnic) so that people people will feel that they are together. Sometimes it is impossible to do all three. But the most important that we stressed was that they had to follow the constitutior, that means that it has to be balanced. You have four districts and four districts have to be balanced. Number two, the neighborhoods have to be kept together. It is true, and these things happen, that of the eight members of that committee to the best of my knowledge, none of them i:ve 1ci Allapattah. 51r. Prieto: That is beautiful. ".a -;or Ferre: well, it is understandable and it is human nature that people •.gnu do riot know that much detail about this City do not know that precinct 504 and 627 are part of Allapattah. So when they were juggling things _ - around trying; to make them fit, they had to give in somewhere and that's w;iere they cut. `y personal opinion is that you have a just reason to 'De concerned. I think that there is a solution to it. As a matter of :act we have Mr. Fernandez Caubi, who is here and is a member of the =ittee. Mr. Garcia -Pedrosa is an ex-officio member of the committee. ::iey are `:oiuh to be meeting at 6:00 o'clock to discuss this problem. are ,;oint rn be meeting at the City Attorney's office in downtown ind �10 people or 100 or whatever you are here cannot fit -• cr, sc I would ask that your community designate two, to represent the community to go there and uicW. _::C l�-tter that has been written, and Mr. Urra, err ra, t` letter that I have in my possession 96 COT 2 8 1982 Mayor Ferre (CON'T): that is signed by you. I want to make sure now, on the record, Mr. Urra, that you are authorized because you signed this for Mariano Cruz. This represents Mariano Cruz and the Allapattah Community Development and the Allapattah Community Action Inc. Is that correct? This is the consensus of your committees and community? Now, you recommended in this letter a solution. The solution is that 604 be put back into the Little Havana District, which is District 3. In turn, then a pricinct which is majority Black which is 476 would be taken out of precinct 1 and would be put into the Black precinct which is precinct. I'm sorry, District 1 into District 4, which is a Black district. Then, 808 down in the roads Shenandoah area would then be moved to District 1 and that balances it. That is what they are going to be discussing at the committee. There may be another solution. I don't know. There may be another solution. But you are going to have to go down there and talk to them about it. But we cannot make that decision. They have the right to do it on their own. Mr. Dawkins: Mr. Mayor, may I? Mayor Ferre: Yes, sir, Mr. Dawkins. Mr. Dawkins: Mr. Urra and the rest of you. There is nobody —and you know I live no more than ten blocks from there. There is nobody out there who thinks this is racial. All of us are proud to see you take an interest in your neighborhood. Nobody has worked closer together to develop 36th Street than the Blacks and the Cubans, collectively. I would hate to see anything that would come in there and stop this cooperation. Because I guarantee you that if we help you the way we have been helping you, in five years 36th Street will be able to support itself. But if we go along like you say, which we shall not do, and destroy this cooperation, I do not know what will happen. So you have our, my support. I'm pretty sure that the members of this Commission are not desirous of doing anything that would disrupt the harmony between the races out there. Mayor Ferre: Are there any other comments? I'm going to say this in Spanish now, and then I will welcome any other comments. COTIENTS IN SPANISH. Mr. Prieto: Maurice, the only objection that I have in this situation is I have been around this for a long time. You know me. You know I am the person who stayed behind. I never appear in any pictures in any magazines. You do not see my name in billboards or in anything like that. But I work in the community very hard. You know that. Now, what I am trying to say is this. If when we try to approve the rapid transit, you know we had a discussion way before we established a route for the rapid transit. W'hy weren't these given the same opportunity to the citizens of Miami to decide which one to do and not to do. That's the only... now it is too late. Now you are going to put this in the ballot Tuesday. ":he people do not have enough time to realize what is going on. The majority of the people do not know. We know because we are on the inside. This is objection to the whole situation. It is going to affect directly to us. This is what I do not like. �tayor Ferre: IF understand, but I want you to know that in my opinion this ear, and it this Commission wishes,next year would be the only time in Opinion that .,you are going to have vote to put districts on the ballot. .,o%ond this and next year, this will never happen again. So we have to :.:cve along now. "i•he die is cast. The decision is made. We just have to _ ove along. I am sorry that you had this problem. ic= I'm sorry that you are doing that because you are to lose a lot or support. That's what. or :'m sore-. _ wish that were not the case. Urra, will you t-^ reprc-se^,t c.nr co=unitv with whomever they decide at La Reunion de a.:.a ae "arcia-i'edrosa. `luchas gracias, senores y senoras, muy 9'7 OCT 2 81982 • • Mayor Ferre: Now let us proceed then. Mr. Plummer: Can we go back to the 5:00 o'clock agenda because I have to leave shortly, Maurice. 41. FIRST READING ORD.: A.*4END CHAPTER 62 ENTITLED ZONING AND PLANNINGIENTITLED ZONING FEES PROVIDING FOR LAND USE APPLICATI FEE REDUCTION UNDER CERTAIN CIRCUMSTANCES. Mayor Ferre: Janet just walked in and we are on the 5:00 o'clock agenda. We have promissed this young man that we would take him up first thing, so 25. Go ahead. Mr. Stanley Price: Mr. Mayor, I made my presentation this morning. I have spoken to Ms. Cooper. I am sure she has some comments in regard to the proposed wording. Mayor Ferre: All right, Janet. We held this up because you had asked to be present, so I asked them to come back. Ms. Janet Cooper: I didn't hear the presentation. Stan gave me a brief run-down. But I don't know what he said. Mayor Ferre: It was about a two minute presentation. Mr. Price: All I recounted to you as such, Janet, the history as to why this item is being refiled before the City. Ms. Cooper: I have a problem in that I believe it must have a qualification of the identical site plan being involved. We have had a number of instances where developers have tried to change site plans after they have been approved and I think this would require an identical site plan. The Administration has agreed to insert that language. Mayor Ferre: Janet, in the interest of time I get the message here that Howard Gary has no objections. Mr. Gary: I have had discussions with the City Attorney and we both agree. Mayor Ferre: Explain to me what it is you agreed to. Mr. Gary: On page two of the ordinance, section 10, right after application, about five or six lines down, insert encompassing an identical site plan. :".avor Ferre: Does that satisfy it? ?is. Cooper: Mr. Mayor, I have not had an opportunity to look at this before ju:t a few minutes ago. As far as I can tell right now I have no other objection -to it and if I do I will certainly mention it to you at second reading. iis of now that is the only objection. '•!r. Plummer: Move item 25. 'lzyor rem : amendec. Is there a second? -:r. Perez: u,:ond. :,jconaud by Demetrio Perez. Further discussion? Read the Call the roll. n OCT 2 8 1982 M fi AN ORDINANCE ENTITLED- AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, AS AMENDED, BY AMENDING CHAPTER 62 OF SAID CODE ENTITLED "ZONING AND PLANNING," ARTICLE VI, ENTITLED "ZONING FEES," MORE PARTICULARLY BY AMENDING SUBSECTION 62-61(3), AND BY ADDING A NEW SUBSECTION (10) TO SAID SECTION 62-61; PROVIDING FOR LAND USE APPLICATION FEE REDUCTIONS UNDER CERTAIN CIRCUMSTANCES; AND CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer, and seconded by Commissioner Perez and passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: Commissioner Miller J. Dawkins ABSENT: Vice Mayor Joe Carollo The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 42. SECOND READING ORDINANCE: AMF-N'D ORDINANCE 6871, ARTICLE IV, iJNknVES AND DOCKAGE. Mayor Ferre: We are now on item number 18, which is the 5:00 o'clock hearing item. This is an ordinance on second reading, previously moved by Plummer _ and seconded by Dawkins. Is there anyone here that wishes to speak on item 18? All right, go ahead, Janet. `Ss. Cooper: This has been through a very long history of trying to work things out. We have it basically worked out so that it is satisfactory to all the parties concerned as far as the people that appear before you. I would like to explain it very briefly. It is envisioned that there are three different types of structures that could be put in the bay. One would be a bay walk or in the river, a river walk that would be essentially parallel to the shore line. In those instances if there is public access Of any type and meaning access to it and continuous public access holir type public access to that particular bay walk or river walk, then we have no objection to there heing a complete elimination of the sale yard set back. That would provide for a continuous bay walk or r;•:er walk from one piece of property to the other. the second type of structure which has been proposed in one instance 3 ,,wady is a public pier that would extend essentially perpendicular to shore line and that would be for public use. It is the opinion of and ot`ier people in the community that such a pier could be offensive .0 neighboring property owners. As an example of that I would remind you ct,e co:plaints from the condominium owners on the circle over there, Tor2c.t hat it is called, Point View. 1-ayshore Drive L'a,;shore Drive Point View. So, in order to eliminate an,j side yard set back deviation could only occur c: 1: , ?uoi.c right-of-way or public right-of-way extended. only be adjacent to a street or something that _:;erefore private property owners would not be 99 OCT 2 8 1982 Ms. Cooper (CON'T): ....imposed on by having it set any closer to the property line that already exists. The third type of structure is basically what we have been seeing, a private type pier or dock where there is boat mooring and using for private purposes. In this case, what we are requesting is an absolute ten foot set back from all the structures involved in that. This would necessarily insure that the people who would be using the pier would be on their own property when they were driving their boats in and it would protect as much as possible the rights of the adjacent private property owners. As far as that goes this language accomplishes that, I believe, and is satisfactory. The only suggestion that I have is that you remove R-5A from that district from the areas where that could be accomplished. R-5A is a very special area, very small area in the City of Miami. These types of projects would not be suitable in the R-5 since it is strictly private, residential property and not accessable to the public; and should remain so for security reasons. I will be completely happy with this if you will eliminate R-5A. Mayor Ferre: Joe, do you want to react to that? Mr. Joe McManus: Mr. Mayor, we would prefer to keep the R-5A in there. What this language does is all involved in a public hearing anyway. This is not an administrative action. It involves a public hearing. We prefer to keep R-5A in. Mayor Ferre: Plummer, we need you for four. Mr. Cliff Schulman: Mr. Mayor, my name is Cliff Schulman with the law firm of Greenberg, Traurig, and Askew. Mr. Mayor, it is my pleasure to indicate that we have agreed with Ms. Cooper and the Planning Department substantially. On the ordinance Mr. Paul will be here a little bit later to also express his feelings in that regard. We would concur also with the Planning Department's recommendation to keep R-5A in. Again, that is the Planning Department's opinion subject to your conditional use approval upon a public hearing. In all other respects I think we have come to a general agreement on that language. Ms. Cooper: You should know that there are currently no projects planned in the R-5A area, which would be affected by this. Mayor Ferre: The discussion is this. You have heard Janet's presentation. She is recommending that R-5A be pulled. The Administration says that it should not. The attorney that testified from the Robert Traurig firm agreed with the Administration. Is there any motion to that effect to pull it? Hearing none, then we are on a main item, which is item number 18. Is there a motion on 18? :sir. Perez: I make the motion that we approve the Manager's recommendation. `favor Ferre: Mr. Perez moves. Plummer, are you seconding? Further discussion? ?gad the ordinance. Does any other member of the public wish to be heard on this? Call the roil. 100 OCT 2 8 19-02 lqb AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING SECTION 23, "DOCKS, WHARVES, AND DOCKAGE", OF ARTICLE IV, "GENERAL PROVISIONS", OF SAID ORDINANCE, MORE PARTICULARLY BY AMENDING THE FIRST AND SECOND UNNUMBERED PARAGRAPHS OF SUBSECTION (2) OF SAID SECTION 23 AND PARAGRAPH (a) OF SAID SUBSECTION (2) AND SUBPARAGRAPHS 2 AND 3 OF PARAGRAPH (b) OF SEC- TION 2 OF SAID SECTION 23, PROVIDING THEREBY FOR THE INCLUSION OF THE C-1 ZONING DISTRICT AMONG ZONING DISTRICTS TO WHICH SIDE PROPERTY LINE SET- BACKS APPLY; FURTHER PROVIDING FOR THE DELETION THEREFROM OF CERTAIN TERMS REGARDING BULKHEAD AND WATERWAY LINES AND THE SUBSTITUTION OF CERTAIN TERMS ,THEREFOR; AND FURTHER PROVIDING THAT LIMITATIONS APPLYING TO PROJECTIONS IN WATERWAYS ALSO APPLY TO CANALS; FURTHER PROVIDING THAT FOR PROPERTY IN THE R-5, R-SA, AND R-CB ZONING DISTRICTS ABUTTING A PUBLIC RIGHT-OF-WAY OR PUBLIC RIGHT-OF-WAY EXTENDED OR OTHERWISE PUBLICLY ACCESSIBLE BY EASEMENT OR OTHER APPROVED GRANT, THE SETBACK REQUIREMENTS MAY BE MODIFIED OR SET ASIDE PROVIDED THAT A PUBLIC BENEFIT IS PROVIDED WHICH IS ACCESSIBLE TO THE PUBLIC AND BY PROVIDING THAT THE ZONING BOARD SHALL ASSURE THAT ADJACENT PROPERTIES AND THE PUBLIC OBTAIN REASONABLE WATER ACCESS, AND THAT ALL ACCESS DOCUMENTS SHALL BE ACCEPTABLE TO THE CITY LAW DEPARTMENT AS TO LEGAL FORM AND SUFFICIENCY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of April 22, 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 J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner *filler J. Dawkins Mayor Maurice A. Ferre NOES: None. ABSENT: Vice Mayor Joe Carollo SAID ORDINANCE WAS DESIG`1ATED ORDINANCE NO. 9510 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. 101 OCT 2 81982 r r 43. SECOND READING ORDINANCE: AMEND ORDINQANCE 6871, ARTICLE XI-2, RESIDENTIAL OFFICE R-CB DISTRICTS; PERMIT DOCKS AND PIERS TO EXTEND BEYOND 25 FEET UPON CONDITIONAL USE APPROVAL. Mayor Ferre: Item number 19 on second reading. Ms. Cooper: Essentially the same. No problem with it. Mayor Ferre: Does anybody wish to speak to item 19 on second hearing, any memeber of the public? Mr. Plummer: Move it. Mayor Ferre: Plummer moves. Mr. Perez: Second. Mayor Ferre: Perez seconds. Further discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE, BY ADDING A NEW PARAGRAPH (g) TO SUBSECTION (7) OF SECTION 1, ARTICLE XI-2, "RESIDENTIAL-OFFICE--R-CB DISTRICT", AND A NEW PARAGRAPH (i) TO SUBSECTION (33) OF SECTION 1, ARTICLE XII, "LOCAL COMMERCIAL, C-L DISTRICT", TO PERMIT DOCKS AND PIERS TO EXTENND BEYOND TWENTY-FIVE (25) FEET UPON COATITIONAL USE APPROVAL; CO:;TAIN;iN;G A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of April 22, 1982, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Perez, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner "filler J. Dawkins Mayor Maurice A. Ferre None. :_..,.. Vice-1111avor Joe Carollo WAS DESIGNATED ORDINANr'CE NO. 9511 Cj t r .;ttcrne;: read the ordinance into the public record and cod es were available to the members of the City Commission f OCT 2 8 1982 4 44. FIRST READING ORDINANCE: A..MEND ORDINANCE 6871, ARTICLE IV, SECTION 26, TRANSITIONAL. USES IN RESIDENTIAL DISTRICTS RESTRICTING TRANSITIONAL USE APPLICATION FOR SITES NEWLY REPLATTED. Mayor Ferre: No on 20, do you want to explain it to us, Mr. Whipple? Mr. Richard Whipple: Yes, Mr. Mayor. This item comes before you pursuant to a request for rezoning and other considerations that occurred at the block abounded by McDonald and Margaret Street, Grand, and Florida. As you may remember there was a replat that occured on the R-1 portion of that site which then qualified it for the transitional use provisions and higher use. This Commission felt at that time and also the community that was improper procedure in that there was no notification to the neighborhood or to the community with respect to this being done through the platting process as platting is not advertised. So our proposal before you today is to preclude lots being refaced from being allowed to have a transitional use put upon them. In other words, a transitional use provision would only apply to the existing platted lots and you could not use platting to gain the transitional use. Mayor Ferre: Is there a motion on item 20? Mr. Plummer: So move. Mayor Ferre: Plummer moves. Mr. Dawkins: Second. Mayor Ferre: Seconded. Further discussion? Call the roll. Does anybody wish to speak on this? Call the roll. Ati ORDINAINCE ENTITLED - Asti ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI BY AMENDING ARTICLE IV ENTITLED "GENERAL PROVISIONS," MORE PARTICULARLY BY AMENDING SECTION 26 ENTITLED "TRANSITIONAL USES IN 'R' DISTRICTS" RESTRICTING THE APPLICATION OF TRANSITIONAL USES IN RESIDENTIAL AREAS; BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE 11I, SECTION 2, THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLIUSE. Was introduced by Commissioner Plummer, and seconded by Commissioner Dawkins and passed on its first reading by title by the following vote: S: Co=issiotier J. L. Plummer, Jr. Co =issicner Demetrio Perez, Jr. Commissioner Miller J. Dawkins 'flavor `laurice A. Ferre None. ':a•:or J"e iarollo read the ordinance into the public record and :vs •.;ere available to the members of the City Commission r 103 OCT 2 81982 0 45. FIRST READING ORDINANCE: AMEND ORDINANCE 6871, ARTICLE XIS', C-2 DISTRICTS: PERMIT TWO RETORTS AS ACCESSORY USES TO A MORTUARY OR FLTNERAL HOME. Mayor Ferre: Take up 21, which we are all against. Mr. Dawkins: Unless it is for Plummer's cremation. I move it. Mr. Perez: I second. Mayor Ferre: Wait a moment. There might be some people opposed to this. Let's do this properly. Mr. Plummer: After Dawkins' statement, I am. Mayor Ferre: Are there any wise souls who wish to object to this streneously? Anybody here who wishes to dare to come up and object to this bad law? Seeing none.... Mr. Plummer: Mr. City Attorney, as you are aware, sir, I am in the funeral business. This is not my application. I have no intentions of utilizing this new provision. Do I abstain from voting or not? Mr. Percy: The law requires, Commissioner, that you disclose any potential conflict into the record. If you can vote in conscience impartially, then you can participate in this item. Mr. Plummer: Should I say this is a hot one? Mayor Ferre: Don't vote, Plummer. Let me put it to you this way. If you vote you will have a dirtier conscience. Mr. Dawkins: Move. Mr. Perez: Second. Mayor Ferre: It has been moved by Dawkins and Perez seconds it. It is going to go down two to one. Read the ordinance. Mr. Plummer: The reason that I am abstaining is that I do not want to preclude my right in the future that I might want to do such. Mayor Ferre: That's right. Mr. Piu=er: am abstaining because I do not want anybody to say in two or three years when I.... l:or Ferre: I have news for you, buddy. That's the way of the future. ..,'nk2 hur,drud years from now.... '^.r. i'lummer: ::r.. :Mayor, it has always been said about Mayor Ferre that he does not need any preheat. Where he is going it will be hot enough. '-favor Ferre: Ail ribi t, ,:ou ;ust lost my vote. Call the roll. 104 OCT 2 81900 " 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 "COMMUNITY CO10 ERCIAL-C-2 DISTRICT," AND ADDING A NEW PARAGRAPH (a); DELETING PARAGRAPH (f), SUB -SECTION (57), SECTION 2, OF ARTICLE XIV-1 ENTITLED "SPECIAL COMMUNITY COMMERCIAL-C-2A DISTRICT," AND ADDING A NEW PARAGRAPH (f); AND DELETING SUB -SECTION (19) SECTION 1, ARTICLE XVI ENTITLED "GENERAL C010MRCIAL -C-4 DISTRICT," AND ADDING A NEW SUB -SECTION (19); PERMITTING TWO RETORTS AS AN ACCESSORY USE TO A MORTUARY OR FUNERAL HOME; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins, and seconded by Commissioner Perez and passed on its first reading by title by the following vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Mayor Maurice A. Ferre NOES: None. ABSENT: Vice Mayor Joe Carollo ABSTAIN: Commissioner J.L. Plummer, Jr. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 46. DISCUSSION OF FEDERAL RE%E1'UE SHARING FUNDS FOR SOCIAL. SERVICE PROGRAMS DEFERRED TO NOVE?1BER 4TH. Mayor Ferre: I think the only thing left is Revenue Sharing. Mr. Plummer: For the record, Mr. Mayor, I want to voice an objection that it was my understanding that this matter was not coming back before us until November yth. `favor Ferre: what matter? Mi. Plummer: 'this matter of Federal Revenue Sharing. Mr. Mayor, as you know, ?. raised some very serious questions about one of the organizations. I think Commissioner Dawkins raised some questions about four or five of the organizations. I promised this Commission that the one I had in question that onca.I had acquired my information from staff I intended to go visit. 1 have not had the opportunity to do such predicated on the fact that it would be after Tuesday of the election. I have not had the time. I still have some very serious questions. Some of them Mr. Gary has answered. - Some of them have not been answered. I don't know why we are taking :ederal Revenue Sharing on a zoning agenda. So I am voicing my objections :':at I am not prepared to vote today. If I am forced to I will have to, ...t.... --re you moving to defer it, Mr. Plummer? :'i;:^ er: "r. Dawkins, I would prefer to move it until November 4th, »h�,... aas indrrstandin;. I do not 'know what kind of problems that is i� reat� *^r '!:. Gary. we have done this on a 1-12th basis. I :Duly prier to zic•:e ;t over to the ath, but I would be happy to hear what of -,::col•_ms t;:is creates for him. 105 OCT 2 81982 46 4b Mr. Gary: First of all, in response to why this is on this agenda, the City Commission specifically said October 28th. Mr. Plummer: Then I stand corrected. Mr. Gary: Secondly, we have advertised this is the third time the agencies have been down here. I think with all due respect to the agencies we should afford them the opportunity to be heard, to get their comments so we don't keep bringing them out here. The third thing is with regard to the questions that have been raised by the City Commission, we have had staff to work very hard to get those answers for you. We think we have adequate responses to those questions. We are prepared to give you those answers. I think fourthly, there have been.... Mr. Plummer: For the record, Mr. Gary, those responses have not been forthcoming to us yet. Mr. Gary: I have them with you. We are ready to discuss them. Mr. Plummer: So we have not had the opportunity to review and to look at these prior to today. Mr. Gary: Correct. The reason for that is that if we had to do a lot of work within that short period of time under the Commission deadline. Mr. Plummer: I understand, sir. Mr. Gary: The fourth thing is there have been some inuendoes and allegations that have been raised not by this Commission, by the way, that we think need to be aired out and cleared up, so that we can have some kind of harmony within our community with regard to those allegations. For those reasons I think that it is important that we discuss this matter today, hopefully to get a conclusion in terms of the City Commission desires. If not at least air out those concerns that have been raised by the Commission. Mr. Dawkins: What will that do to the mandate that was given to you to find the extra $34,000 for Mr. Mendez that is supposed to come out of C.D. Funds. Mr. Plummer: There was Wore than one. There was another from the last meeting, which was to be increased and others be decreased. Mr. Gary: That is still a mandate. Mr. Dawkins: And we are able to do all that today? Mr. Gary: Sure. Mr. Perez: About the fund that we have approved from A.S.P.I.R.A. today? �:r. G.arv: That can be dealt with today too. .h- THIS POINT THIS DISCUSSION IS MOMENTARILY DEFERRED. (See Label 48) c SRI .F DISCUSSION IT -at: CG�iISSIO\ER MILLER DAWKINS ON' LEGALITY OF ORDI.;A.NCES .DOPTED 3Y THE CITY COK gISSION FROM 1973 TO THE Sri ,rt� we Izet into that, Mr. Pedrosa. Sir. 10 OCT 2 81982 Mr. Dawkins: Wheif I asked you for an answer to y my memorandum of opinion from As we discussed it we discussed 1.66 something. Am I right? What was the Florida Statute? Mr. Garcia -Pedrosa: 166,041, Commissioner. Mr. Dawkins: At that time I told you that after this was over that I was desirous of revisiting each item passed under 166.041. What is the procedure for doing that? Mr. Garcia -Pedrosa: There are two ways of doing that, Commissioner. One is to publish„ advertise] and discuss on two occasions each and every ordinance that was not passed in accordance to the provisions of Section 166.041 individually. The other procedure would be to attempt to do it as a group. Mr. Dawkins: Since I am concerned I would rather do it individually. How do I start the process? Mr. Garcia -Pedrosa: By instructing me to draft appropriate legislation covering either the types of ordinances or each individual single ordinance going back to 1973 as you may wish. Mr. Dawkins: I prefer to go back to 1973 and I would like to hear each one of them. Mr. Plummer: All? Mr. Dawkins: I would. Mr. Plummer: Are we getting paid on an hourly basis? Mr. Dawkins: No, but when we are paid, as when we were elected as officials and things lock cloudy, it is best to clear them up. If the City Attorney tells me, like he told me about everything else, that the things we have done are illegal, then it is time for us, in my opinion to correct them before somebody else takes us to court and corrects them at their pleasure. f Mr. Plummer: Are we going to discuss this at the next meeting? Mr. Dawkins: Yes. AT THIS TIME THIS ITEM WAS MOMENTARILY DEFERRED; IT CONTINUES BELOW. 48. OFFICIAL MOTION DEFERRING CONSIDERATION OF SOCIAL SERVICE PROGRAMS FROM FEDERAL RE%7-1%'UE SHARING FUNDS TO NOVEMBER 4TH. Mr. Perez: I would like, Mr. Manager, to have for the next Commission meeting a list of all the programs who apply for the grants for the Federal Revenue Sharing and were rejected. Not only the programs that were approved, but I would like to know which were the programs which applied and were rejected and the reason they were disapproved. Mr. Gary: -We have that. AT THIS POINT THIS ITE'.*i IS MOMENTARILY DEFERRED; IT CONTINUES BELOW. Mr. Dawkins: Mr. Pedrosa, you also said that it would not be necessary to hear any that were not controversial. Did you not say that? Mr. Garcia-Pedresa: No, we can lump ordinances into groups, whether they be divided into controversial or noncontroversial, or any other way, if ycu wish, Co=—' ssioner. `!r. Dawkins: .1eli, bring it back for discussion for the next meeting will ::•ou, please? 1-c,th methods that you have there at the next general meeting I would like it on the agenda so that I can find out how to revisit the ores 1 want to revisit. 10'7 OCT 2 8 1982 116, 0 6 Mayor Ferre: Are we going to put off the Revenue Sharing? Mr. Gary: No, sir, I think I have consensus. Mr. Dawkins: No, we are going to do it, Mr. Mayor. Mayor Ferre: We are on Revenue Sharing. Mr. Dawkins: I have no problems with it because the ones that I do not understand, I can defer those. Like he said, let the ones we are going to let go, let them go. I do not have a problem with that. Mr. Plummer: But you can't do that! That's the problem. Mayor Ferre: Sure you can. Mr. Plummer: You cannot do that because of the fact that you have to readjust if in fact we have passed $34,000 this morning more for A.S.P.I.R.A. Mr. Dawkins: Where is it coming from? Mr. Plummier: It has to be deducted from some other program. So you cannot hear.... Mayor Ferre: No, no, no, because you can find money from somewhere else. Mr. Dawkins: No, it has to be C.D. Funds. Mr. Plummer: No, no, no we agreed and I think the policy of this Commission was we would stick within that $1.1 million. Am I right? Mr. Gary: Yes, sir. Mayor Ferre: They can come from somewhere else. Mr. Dawkins: Then we are not sticking within the $1.1 million. Mayor Ferre: Today we have a policy here that we are not going to give anybody waivers for Bayfront Park at all. No matter who it was. Today we did three. Mr. Dawkins: The first one was Alpha 66. Mayor Ferre: That's right. Mr. Dawkins: I'm going to tell you like you tell me. If you have the votes, let's go. Mr. Gary: Do you want me to proceed, Mr. Mayor? Mayor Ferre: Hey, you know how to count like I do. In this City you don't even nave to zo to high school, if you count to three, that's about it. `!r. Plummer: Let's find out where they are. I make a motion at this time ti:at this matter be deferred until November 4th. Dawkins: Second. "r. Carollo: Vnich matter is this now again? `4r. Plummer: h e Federal Revenue Sharing. Mayor Ferre: I ::ill vote against that. There is one vote for you, Howard. �!:-. i"_u—.;Eier: n.15 t ie :::C,t:J:: seconded? 108 OCT 2 8 1982 M Mayor Ferre: Further discussion on the deferral? Call the roll on the deferral. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION 82-995 A MOTION TO DEFER DISCUSSION OF FEDERAL REVENUE SERVICE FUNDS FOR SOCIAL SERVICE AGENCIES/PROGRAMS FOR FY-'82-'83 TO THE MEETING OF NOVEMBER 4th. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins NOES: Vice Mayor Joe Carollo Mayor Maurice A. Ferre ABSENT: None. Mr. Gary: We lost? Mayor Ferre: Sure you lost. Wait a moment. I deferred pocket items. 49. APPOINTING MARTA PRADO TO TEE HEALTI: FACILITIES AUTHORIIT BOARD. Mayor Ferre: Marta Prado as an appointment to the Health Facilities Board instead of Maria Hernandez. Marta Prado, does anyone have any objections to that? Mr. Plummer: I have none. `:ayor Ferre: Plummer moves, Perez seconds Marta Prado to the Health Facilities Board. That is Marta Prado. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION 82-996 A MOTION A2 POINTING MARTA PRADO TO THE HEALTH FACILITIES -AUTHORITY BOARD. Cpore being seconded by Commissioner Perez, the motion was passed and )ted by the following vote: ice: Co=issioner J. L. Plummer, Jr. COL'T.'^iaS44. oner Demetrio Perez, Jr. Co=issioner Miller J. Dawkins _ce Joe Carollo "a;or Xaur;c� Ferre 10 Q OCT 2 81982 e e 50. APPOINTING JAMES RESNICK AS A MEMBER OF THE CITY OF MIAMI WRESTLING AND BOXING BOARD. Mayor Ferre: Plummer, I have one more appointment on the Boxing Commission. I would like to appoint Mr. James Resnick. He will replace Mr. Lizardi, who cannot serve. Mr. Plummer: So move. Mr. Dawkins: Second. Mayor Ferre: Plummer, this James Resnick.... Mr. Plummer: I know a Jeff Resnick. Mayor Ferre: No, no, that's why I'm trying to clarify who this guy is. He is the son, I think, of Abe Resnick. He is Nathan Rock's cousin. He is in business with Isaac Freed, whom you know. You remember Isaac Freed and what have you. I don't understand this about the Chairmanship. Marie, what is this all about? Do we appoint the Chairman? Mr. Dawkins: I thought we said they would elect the Chairman among themselves. Mr. Garcia -Pedrosa: The Commission does. You do it. Mayor Ferre: Then, in other words.... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Ferre: I have no problem appointing him. We will deal with the Chairmanship later on, O.K.? Mr. Plummer: To organize? We have already appointed him. :Mayor Ferre: Yes, but you have to vote on it. Plummer moves, Perez seconds. James Resnick to be appointed to the Commettee. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION 82-997 A MOTION APPOINTING MR. JAMES RESNICK TO THE CITY OF MIAMI WRESTLING & BOXING BOARD, REPLACING MR. NICK LIZARDI, WHO CAN NO LONGER SERVE. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner :Miller J. Dawkins Vice *savor Joe Carollo Mayor Maurice Ferre Norse. :,BSZNT: ',one. _: x 110 OCT 2 8 1982 4b I 51. FORMALIZING RESOLUTION URGING U.S. ATTORNEY GENERAL TO REQUIRE THE ANTONIO *HACEO BRIGADE TO REGISTER AS AGENTS OF COMMUNIST CUBA. Mr. Carollo: I want to formalize the resolution that the Antonio Maceo Brigade.... Mayor Ferre: Go ahead. Mr. Carollo: The City Attorney can read it. Mr. Garcia -Pedrosa: "A resolution strongly urging the U.S. Attorney General to require that the Antonio Maceo Brigade register an agent of a foreign government, to wit, the government of Cuba, and instructing the City Clerk to forward copies of this resolution forthwith to the U.S. Attorney General and otherwise to disseminate its contents." Mayor Ferre: Carollo moves. Who seconds it? Mr. Plummer: I second it. Mayor Ferre: Plummer seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 82-998 A RESOLUTION STRONGLY URGING THE U.S. ATTORNEY GENERAL TO REQUIRE THAT THE ANTONIO MACEO BRIGADE REGISTER AS AN AGENT OF THE FOREIGN GOVERNMENT, TO WIT, THE GOVERNI-LENT OF CUBA, AND INSTRUCTING THE CITY CLERK TO FORWARD COPIES OF THIS RESOLUTION FORTHWITH TO THE U.S. ATTORNEY GENERAL AND OTHERWISE TO DISSEMINATE ITS CONTENTS. (Here follows body of resolution, omitted herein and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner *filler J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre 'rG S : None. Flx7: tone. ..._OUR: 7: :":ere being nc turther business to come oezore the tiLy --m bbAuu, motion dul': made and seconded, the meeting was adjourned at 5:45 P.M.. MAURICE A. FERRE Mayor City Clergy: 111 4C t ;d tj w82 I • f DOCUMENT IDENTIFICATION MEETING DATE: Octobt-l- ?8, 1982 COMMISSION RETRIEVAL ACTION CODE NO. CLOSE POR"I lW; 01' N.1%. TI'II Sl'RIT'l 1'0I; 'IETRORAi 1, OVER 1'OWN ST:AT I ON (:LOSE PORTION OF Nl: 7*1 II (:OI'R I FOR ST AT i ON RESCiND Ri"SOLI'?IO': IiOVNDARIES CO'i'•1IFT,F AND :APPOiN'l A PFWl'ANE'ii I;OVNI)Af;II:S CO'i'lIITI.F. 1".;SIPUT] 1�:(. Till: IO h.EPOR'I PI;IOR "10 "Dill: ::((A•LNPlf:R ":I) :Al" I'llOR 1%I: C 11), 11:A':A('i:!, 10 1"-*.:('t' I'?. 1:EL1::15f:ti l: 1 "l l{ t:i:SP!:C i' '10 01' : IPFCiAI. FLi.CTION Off`; ODT'•lhiat 114,1�11 (lhm lF. (AlilT I .A'. KFADI\(: A111tl'CIW:A1. ONI' (TNI' SALES TA\ ELECTION TO M, I1FL1) UECF11;1`R 14, 1982 A'l:N RESOIXT l Off: CALL i^;(' Si'C11 FITCl' IO':. APPOINT C0?1111 SS 1 O';I:l, .l . L. Pi.l"i'ii:R TO "I fil". P"((ARD OF DI RITTORS OF 'I'll)" FLORIDA 1.EACl'I,: OF CI�:1:TI ON]' YEAR OF A':AIR:ANCI: Ei)R �iICROI�;:AA'i A';'I C\'::AS-788(1 I;I5(;,AY^:F. i' MtTlWAI:U. :ACCI:i T PLAT- "RiA':17.A SI'L'". ACCEPT PLA1 "1.1: ,APPROVE A'ACATIO,: A::I) AlWA DON'll"NT 017 A POS\T10N OF S.E. fiAYSS1fOTt1: OI;tA'I: ATti.l:. I'_''I'll S'fRFf:'I'. ACCEPT PLAT: "!'-RICI:1;1.1. SI(ORF. TOVER". :A(:(:i:P1' Al)�tI:�;lS"I�RA'llO�;'.S RECOMhTNI)ATIONS FOR POLICY DI'S I GNAT I ONS . AI"I'I!Olt1i:l: CiTY '1\:;AGI:!Z TO EXI: U'II. A(;lil:l:^l(:":'I' 11PT (:I.ARRO'; l•; I I.I. I AMS COI.i.i(, 1. URGING, U.S. A17ORNE1' GENERAL 10 l;FOt! Till' ANTO 1 O MACF.O BR I LADE TO KFG I STER AS cl:;;' AIS ((1' CO'"t'±ll': (ti f ('l'IiA. R-82-078 R-82-979 1:-8 '-983 R-8'_'-98h R-82-987 I:-82-988 R-82-989 R-82-990 R-82-O91 iZ-82-992 R-82-994 R-82-998 978 82-97�) 12-981 _ 8_'-98'' 82-983 82-986 82-987 82-988 82-989 82-990 82-991 82-992 82-994 82-998