HomeMy WebLinkAboutCC 1982-09-23 MinutesCITY OF MIAMI
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COMMISSION
MINUTES
OF MEETING H ELO ON September 23, 1982
(PLANNING AND ZONING) (SPECIAL -BUDGET)
PREPA RE O BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G.. ONGIE
CITY CLERK
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C I 11Y "CE'liSTI 05Ma'1I, FI�RIIA
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i NANCE OR
� P & Z - SPECIAL-BUDGETSLUCT SEPTENUER 23, 1982 rsoumoN No PAS NO.
PERSONAL APPEARANCE: HURRAY SISSELlLO.N, REPRESENTING
UNITED TEACHERS OF DADE REGARDING PARKING PROBLEMS
AT SOL'THSIDE ELEMENTARY SCHOOL.
11-82-862
1-3
AUTHORIZE CONTRIBL-TION TO J.N.D. MUSIC
FOUNDATION FOR CONCERT AT MIAMI CONVENTION CENTER
WITH PROVISO OF INVITATION TO LNDERPRIVILEGED
CHILDREN.
11-82-863
4-6
PERSONAL APPEARANCE: GARTH REEVES, REGARDING THE
LATER
ORANGE BLOSSOM CLASSIC FOOTBALL GAME.
FORMALIZED
(SEE LATER FOR.'lkLIZED R.82-884
R-82-884
6-5
PERSONAL APPEARANCE: MIKE BRAZASKI, REPRESENTING
DOWNTOUN, :1ERCHANTS' ASSOCIATION REQUESTING
IN -KIND SERVICES FOR UPCOMING A.S.T.A. CONVENTION.
M-82-865
7-9
PERSONAL APPEARANCE: PAULETTE NMCCLAIN, REQUESTING
USE OF BAYFRO;NT PARK FOR A FOLK DAY EVENT CONCERNING
THE EFFECT OF REAGONO?TICS IN MINORITY GROUPS.
DISCUSSION
10-12
NON AGENDA ITEM CONCERNING FUTURE DEVELOPMENT
OF LATE; QUEARTER AREA OF THE CITY.
DISCUSSION
12-13
GRANT REQUEST FOR IN -KIND SERVICES REGARDING OPENING
OF "CUBAN MUSEUM" ON SOUTh%EST 12TH AVENUE.
114-82-866
13
G=iT REQUEST MADE BY ELIZABETH VIRRICK FOR A
ONE MONTH EXTENSION; OF BOXING CONTRACT, PENDING
RECEIPT OF AUDIT.
M-82-867
14-15
GRANT REQUEST '.MADE BY METRO POLICE DEPARTMENT FOR USE
OF MARINE STADIUM FOR RECRUIT?=;T DRIVE.
M-82-868
15-16
AUTHORIZE AND DIRECT CITY MLNAGER TO CONTACT DADE
SCHOOL BOARD DE`A-'IDING THEY ASSUME THEIR RESPONSIBILI
FOR FUNDING OF "AFTER SCHCOL CARE" PROGRAM.
M-82-869
16-22
BRIEF DISCUSSION' ITEM: LEGAL OPINION REGARDING
JACAR01-
DISCUSSION'
22
E%?RESS CONCERN; TO T:aE GOVERNOR OVER FILTHY CONDITIONS
OF MEDIAN STRIPS OF HIGHWAYS UNDER STATE JURISDICTION
WITHIN~ CITY LIMITES.
M-82-870
22-23
BRIEF DISCUSSION ITEM: REQUEST LIST OF ALL AVAILABLE
Lii;DS FOR DEVELOPMENT IN THE CITY.
ISCUSSION
23-24
PEF?SONw4L APPEARANCE: DR. ALONSO, PESIDENT OF THE
"PROPERTY OWN ERVASSOCLATION OF LITTLE HAVANA"
REGARDING ECONOMIC PROBLEIMS IN TF?AT AREA.
DISCUSSION
24-27
PLAQUES, PROCLAMtyTIONNS AND SPECIAL ITLMS.
DISCUSSION
27
DENY APPEA-L OF '.ARIAN;CE PREVIOUSLY GRANTED BY ZONING
BOARD IN CONI,'ECTION WITH PROPERTY LOCATED
A?PROXIMATELY AT 1951 W.FLAGLER STREET.
M-82-871
28-32
BRIEF DISCUSSION; AND TLITORARY BEFERP.AL: CONSIDERATION
OF CHANGE OF ZONING AT 3500 NW, 22:;D AVE, (SEE LABEL
NO. 19)
DISCUSSION
32-34
FERSONAL APPEAR��rF' STUART SORG REGARDING
RECOV-KrE.NDATION;S uF PLE WATERFRONT BOARD IN CONNECTION
WITH 7HE BERT" NG OF :%SSELS ETC,
Dj$CUS$ION
34-4-2
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P & Z-.SPECIAL BUDGET MEL7 SEPTEMBER 23, 1982
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(CONTINUED DISCUSSION) ; SECONND READING ORDINANCE;
CHANGE ZONING CLASSIFICATION FROM R-3 TO C-4; LOCATION
3500 NW. 22ND AVENUE (SEE LABEL NO. 17)
20
PERSONAL APPEARANCE: MARTIN FINE CONCER14ING WAIVING
OF ZONING APPLICATION FEE -LOCATION: BAY POINT.
21
SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION
FROM R-2 TO C-5-LOCATION: 3200 NORTH MIAMI AVENUE.
22
SECOND READING ORDINANCE: CiUNGE ZONING CLASSIFICATION
FROM R-3 TO R-5-LOCATION: 1471 r.4 17TH STREET.
23
SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION
FROM R-4 R-CC AND C-2 TO "SPD'6"-AREAS OF SW. 27TH
AVE. RIND SW. 28TH TERRACE.
24
FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
FROM R-C TO C-1- LOCATION: 581 NE. 62ND STREET.
25
FIRST READING ORDINk CE: CHANGE ZONI",G CLASSIFICATION
FROM R-4 AIND C-5 TO I-1; A.;F.A BOUNDED BY NNW. 3RD
CT. ; NW. 22 LANT; N1,% 5TH AVENUE AND Nw'. 22ND ST.
26
VACATE, CLOSE CERTAIN AVV,-L ES, ALLEYS AND TERRACES IN
CONNECTION WITH TENTA7IVE PLAT NO. 1152-A, "MIAMI
FASHION CE:T ER -SECTION I".
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VACATE, CLOSE EAST WEST ALLEY IN VICINITY OF NW.
36TH STREET, 32ND AVENUE, 38TH STREET, 31ST AVENUE,
AS PART OF TENTATIVE PLAT NO. 1170-"REVISED PLAT OF
HANSON SUB"
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GRANT REQUEST FOR MODIFICATION' OF CHARTER REQUIREMENTS'
FOR SEVEN STORY APARTMENT BUILDING ADDITION TO BANYAN i
BAY APARnIEN'T COMPLEX-703 NE. 63RD ST.
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GRA:NT APPLICATION FOR CONDITIONAL USE FOR DRIVE-IN
TELLBRS-LOCATION:700 N`W. LEJEUNE ROAD. l
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ACCEPT PLAT: "MIAXI DADE CO?MIUNITY COLLEGE
NEW WORLD C£1?ER".
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ACCEPT PLAT: "U'.C.P. SUB".
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ACCEPT PLAT- "i;H.?WLY SUB".
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ACCEPT PLAT: "TIGERTAIL ESTATES SUB".
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ACCEPT PLAT: "HERALD PARK SUB".
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DISCUSSION AND DEFERRAL OF CONSIDERATION OF
ACCEPTANCE OF PLyT "PORT OF MIA ll E.'XPANSIO`"
DEFERRED FOR FL7THFR. STUDY.
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DISCUSSION ITEM: CITY OF MIAMI COMIM41SSION POLICY ON
STREET NAME CHANGES.
Wage #2
REso�i aN No, I PAGE N0.
ORD. 9492
42-43
DISCUSSION
43-45
ORD. 9493
46-47
ORD. 9494
47-48
ORD. 9495
48-49
FIRST READING
49-50
FIRST READING
50-51
R-82-872
52-53
R-82-873
54-55
R-82-874
55-56
R - 82-875
57-58
R-82-876
59
R-82-877
60
R - 82-878
60-61
R - 82-879
62-63
R - 82-880
63-64
M - 82-881
65-68
DISCUSSION
69-71
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ii �N1J1�l�GL'LA,R R-Sum Page
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"I �� P & Z (SPECIAL c+� BUDGET) L7 SEPTEMBER 23, 1982 KtsoLmvq No$ PASE NO.
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FIRST READING ORD LNANCE: PROPOSED SPECIAL CITY OF MIAM
ELECTION TO BE HELD DECEMBER 14, 1982 FOR THE
ADDITIONAL LEVY OF A ONE CENT SALES TAX.
FIRST READING
DISCUSSION ITEM -PRINTING OF BROCHURE AND DISCUSSION
OF ENGINEERING REPORTS, TECHNICAL GUIDELINES AND
LISTING OF RECO12M1EIDATIONS FOR REFURBISHING OF ORANGE
BOWL STADIUM.
DISCUSSION
CALL SPECIAL CITY OF MIAPII ELECTION ON DECEMBER 14,
1982 FOR THE PURPOSE OF ADDITIONAL ONE CENT SALES TAX
LEVY.
R-82-882
FIRST AND SECOND READINNG ORDINANCE: INCREASE SIZE OF
CITY OF MIAMI WRESTLING AND BOXING BOARD FROM FIVE
TO ELEVEN `EiMERS AND MAKING ONE APPOINTMENT TO SAID
BOARD.
ORD. 9496
M-82-883
FORMALIZING RESOLUTION ALLOCATING $42,745.00 AS CATCH
GRANT FOR "50TH AN74UAL ORANGE BLOSSOM CLASSIC PARADE".
R-82-884
E%WRGENCY ORDINANCE: PROHIBIT STANDING IN LINE IN FRONT
OF OFFICES OR CO�2-ERCL1L ESTABLISh^_-01TS WITHIN CITY
LIMITS FOR PROFIT.
ORD. 9497
APPOINT ATELkLIE RANG E TO SERVE AS MEMBER OF BOARD
OF DIRECTORS OF THE DOWNTOWN DEVELOP?MNT AUTHORITY.
R-82-885
BRIEF DISCL'SSICN ITEM: SOCIAL SERVICE FUNDING/
FEDERAL REVEENNE SHARING FUNDS FY' 82-83.
DISCUSSION
ACCEPT RECO�12-SENDATION OF ADMINISTRATION TO DESIGNATE
LITTLE HAVANA TO BE INCLUDED IN7 THE "GREAT NEIGHBORHOOD
PROGRAM".
M-82-886 j
SECOND READING ORDINANCE: ELIMINATE PERMISSIVE USE OF
BARBED ',SIRE FENCING IN: RESIDENTIAL NEIGHBORHOODS.
ORD. 9498
REPEAL COST REHEtiSIVE ZONING ORDINANCE 6871,
AS AMENDED, AND SUBSTITUTE THEREFOR A NEW ORDINlANCE
IGQOWS AS "THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA".
ORD. 9500
AUTHORIZE nk.NAGiR TO E}0'AND CONTRACT WITH DR. ERNEST
BARTLEY FOR ADDITIONAL REVISIONS TO BE INCORPORATED
INTO THE NEW ZONING ORDUTANCE.
M-82-887
SECOND READING ORDINANCE: APPEALS OF ZONING BOARD
DECISIONS BY PROPERTY OW"INERS WITHIN 375 FEET OF
PROPERTY IN QUESTION: TO BE BORNlE BY APPLICANlT AND/OR
DEVELOPER,
ORD. 9499
AUTHORIZE GRANTING OF ONE MONlTH FUNDING NOT TO EXCEED
$16,500 FOR "FAIRBREAK, EDUCATIONAL TRAINING PROGFAW .
M-82-888
PRESENTATION BY THE CITY ADMINISTRATION! OF THE FISCAL
YEAR 1982-1983 BUDGET AND PUBLIC HEARING.
DISrnSslnN
I 72-7y
73-74
1 74-75
76-77
78
78-79
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82-83
1 84-91
1 92
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95-133
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& Z(SPECIAL BUDGET) �7WtCT SEPTE.*iBER 23, 1982
RE50UJTIw h0,
PAGE NO#
52
INSTRUCT CITY MANAGER TO MAKE CERTAIN REDUCTIONS IN
THE APPROPRIATIONS ORDINANCE FOR THE FISCAL 1982-
1983 BUDGET.
M-82-889
129-133
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INSTRUCT CITY *SA:IAGER TO INCREASE BUDGET FOR
RECREATION DEPARTAENT BY $500,000.
M-82-890
133-137
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EXPRESS CITY CC�DIISSION POLICY ON GARBAGE FEE
AT PRESENT RATE OF $75.00,
M-82-891
137-145
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SECOND READING ORDINANCE: DEFINE AND DESIGNATE
TERRITORIAL LIMITS FOR PURPOSE OF TAY.ATION, FIXING
TENTATIVE MILLAGE AND LEVYING TAXES IN THE CITY
OF MIA -Nil FCR FY'62-83.
ORD. 9501
143-147
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ADOPT RECO}"IENDATION OF CITY MA'QAGER FOR FUNDING
OF FIFTY (50) ADDITIONAL POLICE OFFICERS.
M-82-892
148-151
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SECOND READING ORDINANCE: MAKING TENTATIVE
APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTE`SBER
30, 1983 FOR THE CITY OF IMIAMI.
ORD. 9502
151
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SECOND READING ORDINANCE: DEFINE AND DESIGNATE
TERRITORIAL LIMITS OF TIE DOWNTOV.N DEVELOPIENT
DISTRICT OF THE CITY OF MIAMI.
ORD. 9503
152-15u
59
SECOND READING ORDINkA CE: MAKE APPROPRIATIONS
FOR THE DO,v",%TOtdN DEVELOP..".ENT AUTHORITY FOR FISCAL
YEAR ENDING SEPTE-MBER 30, 1983.
ORD. 9504
154
60
ALLOCATE S70,086 FY' 82-83 FEDERAL, REVENUE SHARING
FUNDS FOR PREVIOUSLY APPROVED SOCIAL SERVICE
AGENCIES (ONE TiiELFTH FUNDING).
R-82-893
155
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ACCEPT PLAT: "CHAIN--NEL 23 SUB".
R-82-894
156-157
Ht=tg OP kEGULAR MEETING OF THE
Gt'V COMMISSION OF MIAMI, FLORIDA
On the 23td day of September, 1982, the City Commission of Miafftii
P16tida, met at its regular meeting place in the City Hall, 3500 Pats
American Drive, Miami, Florida in regular session.
The meeting was called to order at 1:35 P.M., by Mayor Maurice Ferre
'With the following members of the Commission found to be present!
Commissioner J. L. Plummer, Jr.
Commissioner :filler J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
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 Mayor Ferre, who then led those
present in a pledge of allegiance to the flag.
1. PERSONAL APPEAR.A.NCE: ML'RRAY SISSEL?SAN, REPRESENTING UNITED
TEACHERS OF DADE REGARDING PARKING PROBLEMS AT SOUTHSIDE
ELy:ENTARY SCHOOL.
Mayor Ferre: We have some pocket items. The first one is Mr. Murray
Sisselman. Mr. Sisselman, the Chair recognizes you.
Mr. Murray Sisselman: My name is Murray Sisselman. I am President of
the United Teachers of Dade. Our office is at 2929 S.W. 3rd Avenue,
Miami. Mr. Mayor, Members of the Commission, I am here to talk about
a very important problem that affects one of the schools within the
city limits of Miami, Southside Elementary School, located at 45 S.W.
13th Street. This school has been in the City of Miami for many decades.
Sometime during the su=er months, the Parking Authority decided to line
the street with parking meters. There are no facilities for off-street
parking for the instructional personnel. There is a very small play
ground for the children over there. The parking meters that are installed
are not the best because all machines sometimes do not work. We now have
22 tickets sitting in the faculty lounge, where people put money in and
the machines did not register. I come before this august body to help
the teachers, the students, the school administration, and the teachers'
union solve this problem. That would be some way that monthly or yearly
parking permits could be purchased, put on the windows of the vehicles
and that the meters around the school could be reserved from 7:00 in the
morning until 4:00 in the evening for faculty parking. It is of utmost
importance that we resolve this problem quickly.
Mayor Ferre: Murray, I saw Pat Tornillo - this morning. What he
told me was... Is there anybody here representing the Off -Street Parking
Authority? As I understand it, Mr. Sisselman, Pat Tornillo had talked
to the head of the Off -Street Parking Authority, Roger Carlton. Evidently
they had come to an agreement. Subsequently then, that was changed,
Mr. Sisselman: That is correct.
sl SEP 2 31982
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Maydr Pettet Instead of dedals what they halve is thtee arid four h6dt
parking meters, which does not solve the problem.
Mt, Sisselmaa: Or twelve hour meters they said they would install.
Mayor Ferre: Won't a twelve hour meter solve the problem?
Mr. Sisselman: No, because the meters do not necessarily work at all
tithes, That is the problem that we are having now.
Mayor Ferre: The problem, as I understand it, is that the Off -Street
Parking Authority said that it was the bureaucratic problem....
Mr. Sisselman: That is correct.
Mayor Ferre: ....of giving out these decals. Do they sell decals for
other parts of town, Mr. Manager, do you know?
Mr. Gary: I'm sorry, Mr. Mayor, I was not following the conversation.
Mayor Ferre: The problem is that at this particular school the teachers
and the staff have a problem with parking. Pat Tornillo, the head of the
U.T.D. made a verbal agreement on the phone with the Off -Street Parking
Authorities' Director. They concluded that they would issue decals for
these teachers. Then what they did is they ended up putting up meters.
Instead of the regular 20 minute, 1 hour meters they put in 3 hour meters,
which does not solve the problem even if they go to 12 hour meters
because a lot of those meters do not work.
As I understand it, the Off -Street Parking Authority does give out
decals in other circumstances. Now, the question to the City Attorney
is: does this Commission have any authority other than moral persuasion
to order then to give decals in that particular parking area?
Mr. Dawkins: But -.ill we give decals in every school?
Mayor Ferre: Do we?
Mr. Dawkins: I Wean I am asking. I mean if we are going to give it to
them, I want to give it to all of them. I don't want to give it to
this school and not give it to every other school.
Mr. Sisselman: May I answer, Mr. Mayor?
Mayor Ferre: Yes, sir.
Mr. Sisselman: There is no other school in Dade County that has this
same problem. They all have off-street parking.
Mr. Dawkins: I would have to get that...No, they don't all have off-
street parking.
Mayor Ferre: Murray, you are telling me that the only school where you
have to put a quarter to a parking meter is this?
Mr. Sisselman: That has no off-street parking at all is Southside
Elementary. Of the 268 instructional units, this is the only one.
We do not want parking permits given. We are willing to purchase
them. The union and the school administration would like to purchase
this. We are not here to ask for them to be donated.
Mayor Ferre: What is it that you would lire us to do, Mr. Sisselman?
Mr. Sisselman: We would like you to make available to the instructional
personnel one, the right to buy either yearly or monthly parking tag;
and two, all the =eters in front of that school to be reserved for
instructional personnel from 7:00 A.M. to 4:00 P.M. so that the teachers
can teach.
lit
SEP 2 31982
MAC6t fetter Mt, MAhAgetj what is y6ut tedotlendatiori? It seems teAsofiebld
to me.
Mr. Gary: Mr. Mayot, we are getting one side of the story and obviously
we don't have the Director of Off -Street Parking here. What I would
suggest is, I have heard his side of the story, I would like to get
together with Mr. Carlton and find out what his reasoning was for him
to put up those meters there and see if we could come up with some
compromise solution.
Mayor Ferre: As far as I am concerned, Mr. Sisselman's recommendation
is reasonable. I think all we need to do now is a motion of intent
that the manager be instructed to work this out through Mr. Roger
Carlton. Is that acceptable to the 'Members of the Commission?
Mr. Plummer: So move.
Mayor Ferre: Moved by Plummet. Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Seconded by Carollo. Further discussion? Cali the toll.
The following motion was introduced by Commissioner Plummer, who.moVed
its adoption.
MOTION 82-662
A MIOTION INSTRUCTING THE CITY MANAGER TO MEET WITH
REPRESENTATIVES OF THE OFF-STREET PARKING AUTHORITY
AND REPRESENTATIVES OF THE SOUTHSIDE ELD:ENTARY SCHOOL
IN AN ATTE:•'?'T TO RESOLVE PROBLEMS ARISING FROM METERED
PARKING BASED UPON A REQUEST *L4DE BY REPRESENTATIVES OF
SOUTHSIDE ELEMENTARY FOR THE INSTITUTION OF MONTHLY OR
YEARLY PARU:ING DECALS AND/OR RESERVING EXISTING METERED
FACILITIES FOR FACULTY MEMBERS B E -EEN THE HOURS OF 7:00 A.M.
AND 4:00 P.M.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES: None.
ABSENT: Co=issioner Demetrio Perez, Jr.
Mayor Ferre: Thank you, Mr. Sisselman.
Mr. Sisselman: Thank you, Mr. Mayor.
;P1
SEP 2 31982a
2. AUTHORIZE CONTRIBUTION TO J.N.D. MtSIC FOb, ATION FOR CO,CERT
AT MIAMI CONVENTION CENTER WITH PROVISO OF INVITATION TO
UNDERPRIVILEGED CHILDREN
Mayor Ferre: The next pocket item is Mr. Stanley Levine regarding
performance by Luciano Pavarotti at the Miami Convention Center. Would
you kind of synthesize real quick. Tell us what the situation is.
Mr. Stanley Levine: Certainly. My name is Stanley Levine, Levine,
Reckson 6 Geiger. I'm here on behalf of the JND Concert Foundation,
as the Director of it. Jti'D Concert Foundation is a non-profit
corporation organized for charitable purposes for the presentation of
performing arts in and through Dade County and the dissemination through
the community of these performing arts.
Mayor Ferre: Let's get right to it. What you want is you want to use
the City of Miami Convention Center to have a super star super event in
Miami. Tell it like it is. Palm Beach and Ft. Lauderdale want it. They
are willing to give anything that you are willing to do, but you want to
hold it in Miami and you want to have it here.
Mr. Levine: We have been able to obtain the services of Luciano
Pavarotti for a benefit concert on November 10, 1982.
Mayor Ferre: Is yours a non-profit organization?
Mr. Levine: It is a non-profit organization.
Mayor Ferre: Are you willing to pay the fees?
Mr. Levine: yes, sir.
Mayor Ferre: Are you willing to pay for the -olive officers, and the
electricity, and the insurance, and all that?
Mr. Levine: The request is that we waive the percentage, that the
percentage requirement be waived. We have similar commitments from,
as you say, Palm Beach, the Theatre of the Performing Arts and Miami
Beach, etc.
Mr. Carollo: Move.
Mayor Ferre: Is there a second?
Mr. Gary: No.
Mayor Ferre: What?
Mr. Gary: We cannot do that pursuant to the revenue bond ordinance.
What you can do....
Mayor Ferre: All right, Mr. Manager, what is your recommendation?
Let's do it that way,
Mr. Gary: What you would have to do is to make the percentage contribution
to this gentleman so that he could pay the Miami Convention Center, which
is dependent upon those revenues to retire their revenue bonds. That's
the only ;:ay we will be able to accomplish what you want.
Mayor Ferre: I would lire to recommend that we do it this way. We
instruct the Manager to wort: out and negotiate with this non-profit
organization that if we pay into their fund that those monies have to
be e:cpended in such a way that it will be to the public welfare of the
people of Miami. I could reco=end that he do it with children in the,,,
I would limit it to the poorer areas, but say these children that are
usually not able to participate and who show a liking and an inclination
for music. I wean there are a lct of choirs in Black churches and
SEP 2 31982
r,
RAYot Fdtte (CON#T): there are a lot of bands around here that should
Pdttidipate. When Leontine Price or Pavarotti and others come to town,
they ought to share in that. If we put out money into their foundation,
and I think the people of Miami and not the people of Coral Gables and
Miami Beach ought to be the beneficiaries of it. Is that acceptable?
Mr. Gary: Yes, I would like for you to add to that to compute the same
percentage that we are required to for our revenue bond ordinance and
that they come back to the City Manager and I will come back to the
City Commission to determine what that amount is so that we can pay
the 'Miami Convention Center Fund for that amount.
Mayor Ferre: I thought Miss Drucker was in New York,..,.
Mr. Levine: She was. She just arrived.
Mayor Ferre: You got off the plane just now?
'Ls. Drucker: The plane was late.
Mayor Ferre: ;Miss Drecker, let me, I am sure I speak not only for the
whole Commission, but for this whole community. I happen to think that
if I were to name five heroes in this town in the last couple of years,
you have to be one of them. What you have done agaist all odds for
this co=unity and culture has not been duplicated by any other individual.
I do not mean to hurt Bob Herman and a lot of other peoples' wonderful
reputation because they: are great, but what you have done for us is just
unbelievable. We are happy, I think, that we are going to be happy to
do this, but if that money goes into your foundation, the non-profit
company, it has to be spent in the City of Miami. You have to share it
with people who are less priviledged so that those who want to participate
in the musical world will be able to do it. Pavarotti is a world class
superstar. I know you are going to fill that place with 5,000 people
and it will be ja=ed packed and it will be a super event. But we want
a lot of people to share in the benefits of that.
Mr. Levine: If I may, Mr. Mayor, last year, the JND Concert Foundation
presented Alvin A. Lee Dance Theatre. With the cooperation of the Dade
County School Board we bussed 2400 children from the inner city schools
in Miami at the J+D's expense to one of those performances and the
dancers spoke with them. We intend to continue. That is the whole
purpose of this organization, that kind of community involvement with
work shops, etc.
Mayor Ferre: C.R., any statements, questions? What is the will of the
Commission? Jce, do you wart to make a motion again?
Mr. Carollo: I make a motion to approve based on what the Manager
reco=,ended that we go about.
Mayor Ferre: With the limiations and conditions.
Mr. Carollo: That is correct.
Mayor Ferre: Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Second by Plu=er. Further discussion? Gall the roll..
SEP 2 31982
sI
the following fnoti6h was inttoduced by C6=isti6net ddr61161 Vh6 160a
its Ad6ption.
MOTION 82-863
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO MEET
WITH REPRESENTATIVES OF THE J.N.D. MUSIC FOUNDATION IN
ORDER TO COMPUTE THE RENTAL PA1„ENT REQUIRED UNDER THE REVENUE
BOND ORDINANCE FOR USE OF THE FACILITIES AT THE CITY OF
MIAMI/UNIVERSITY OF MIAMI JA.NES L. L'NIGHT INTERNATIONAL
CENTER IN ORDER TO FACILITATE THE HOLDI?;G OF A M?:SICAL
EVENT AT SAID FACILITY INVOLVING THE PERFOR,%A:,CE OF
LUCIANO PAVAROTTI; FURTHER AUTHORIZING AND DIRECTING THE
CITY MANAGER TO GRANT TO THE J.N.D. MUSIC FOUNDATION A
DOLLAR AMOUNT EQUAL TO SAID C01•1PUTED AMOUNT, IN ORDER
THAT THEY MAY REIMBURSE THE CITY FOR COSTS INCURRED IN
CONNECTION WITH THE UTILIZATION OF SAID PREMISES.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
APES: Commissioner J. L. Plummer, Jr.
Commissioner :filler J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Mayor Ferre: Thank you again.
Mr. Levine: Thank you,Mayor.
Mayor Ferre: I'm not going to say good luck because you don't need it.
Ms. Drucker: Let me just say I just came back last right from the
premier of Mr. Pavarotti's movie and the party afterwards. Everybody
ran over to me and said: "Boy, Miami is doing a great job culturally.
We can't wait to come down.."
We are also bringing the Dance Theatre of Harlem this year. We
promised them that we would have one perfer-...ance for the children. I
think it is so needed. Thank you very much.
Mayor Ferre: A11 right, thank you.
3. PERSONAL A 11L-k.RU%NCE: GARTH REEVES, REGARDIi;G THE ORANGE BLOSSOM
CLASSIC FOOTBALL GAME. (See later formalized R-82-884)
Mayor Ferre: Garth Reeves, is Mr. Reeves here?
Mr. Plu=er: I saw him in the back.
Mayor Ferre: Mr. Garth Reeves.
.!jr. Garth Reeves: Gentlemen, thank you for hearing me. On November 6th
of this year, the oldest Black football bowl will be held in the Orange
Bowl here in Miami. It will be the fifth consecutive year that this
event is taking place. There might not be a 51st, cr the 51st might
nod. be held in our City, 1 am here today because I do not want to see
SEP 2 31982
sl
Mfg keeves (CON'T): this happen, The City of Orlando has been making
6veftutes to Florida N.M. University to move the Orange Blossom Classic
from Miami. They charge that the city officials in Miami have not been
responsive in a financial sort of way in promoting the classic,
Mayor Ferre: Mr. Reeves, just to cut through real quickly, what is it
you want, sir?
Mr. Reeves: $42,000.
Mayor Ferre: How much?
Mr. Reeves: $42,745, sir.
Mayor Ferre: Mr. Manager, how mueh did ve give the Orange Boy,+l Classic
last year?
Mr. Gary: $ 25 , 000 .
Mayor Ferre: I happen to think that the Orange Bowl Classic now that we
don't have the superbowl is one of the more important things that we have
sportswise. I'm going to tell you that if you want to see football, that
is the place to see football.
Mr. Plummer: I move it.
Mr. Carollo: Second.
Mayor Ferre: Mr. *tanager, I assume this has your reco=endation?
Mr. Plummer: Tell them like it is, Howard.
Mr. Gary: Since I live in Coral Gables, I better say yes.
:Mayor Ferre: Further discussion? Call the roll.
THEREUPON THE FOREGOING MOTION, duly introduced by
Commissioner Plu=er and seconded by Commissioner
Carollo, was passed and adopted by the following vote:
AYES: Commissioner J.L. Plumer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
DOTE: THIS MOTION WAS LATER FORMALIZED BY
RESOLUTION NO. 82-884.
4. PERSONAL A?PEAIANCE: MIKE BRAZASKI, REPRESENTING DOUMTOWN
KERCH.;`:TS' ASSOCIATION R QUEST: iG IN -KIND SERVICES FOR
LWOMING A.S.T.A. CONVENTION.
Mayor Ferre: Now we have Mr. 'Mike Brazanski, the Downtown Merchants
Association. This deals with the problem of the downtown merchants and
A.S.T.A., the upcoming association of tourist agents.
Mr. Mike Brazanski: My natie is *like Brazanski. I an presently the
Vice President of the Downtown Miami Business Association. I just
want to express to the Mayor and the Commissioners down here the
s� 07 SEP 2 31982
Mt, B%AtaMiski (CON't) : concern that we have with the upcoming cotiventioii
of A, M iA. We have been in touch with the Police Department. They are
'Very cooperative with us. The problem is they are very short in numbers.
the thing is this A.S.T.A. convention is very important for us because
t don't have to tell you about the perception of downtown right now, not
only in Miami, Dade County, in all United States...everyone is blaming
downtown.
The fellow merchants are willing to open the show. You
know the very famous show....
Mayor Ferre: Mr. Manager, you had better listen to this because you
know they are going to be asking for money in a moment.
Mr. Brazanski: No, we are not asking for money.
,Mayor Ferre: You are not asking for money, but you want politambi,
Mr. Brazanski: Right, right.
Mayor Ferre: And who is going to pay for them?
,ir. Brazanski: We are asking for extra police protection. That is
what we are asking for. The thing is we want those shows to be
open because if you take a stroll after 5:30 in downtown, it is a
shame that a City like this looks like a ghost city. Those people
are coming downtown in the Convention Center to be the ambassadors
to sell the City when they go back.
Mayor Ferre: I want to say, Mr. Manager, that we not only have to
provide more police, but I think we have to provide some more clean up
crews because downtown :Miami has to be... and if we can plant flowers and
put up welcome signs and oranges or whatever all over downtown. Because
those people are going to be walking all over downtown. I would hope
that we would walk a little extra mile and spend a little extra to have
people feel safe and clean especially in the vicinity of the Convention
Center.
Mr. Dawkins: If we are going to have more clean up, Mr. Manager, we
cannot lay off sanitation workers.
Mr. Brazanski: I would like to extend... I'm going to be a little
greedy, that for the future....
Mayor Ferre: Now don't be too greedy, Mike.
Mr. Brazanski: I would like to see if we can handle a special board
that in the future we can extend that extra protection forever, so we
can have some night life. Everybody should come downtown and enjoy.
That's what I would like to....
Mr. Carollo: Now much is this extra protection forever going to cost us?
Mr. Gary: Commissioner Carollo, we....
Mr. Carollo: Just take it for the first year.
Mr. Gary: I'm sorry, I didn't hear you.
Mr. Carollo: How much will it cost for this year for A.S.T.A.?
Mr. Gary: I would have to get those figures for you. I don't have them
at the top of ray head. But I can tell you at the City Comsaission's
direction., we have been meeting with Dade County Police, Dade County
Fire Department, and the C.R.B, to develop a coordinated security plan
for the downtown area. We plan to give the City Commission a report on
those efforts. At that time, I will also give you the cost, Commissioner
Carollo.
Mr. Carollo: A11 right.
R
08 8EP 2 31982
Mayoi Atte: I kill tell you the way we ought to do itj Joe. It
Ptinciple say that we want to put out best leg forward for the AS -VA,
Convention,
Mt. Carollo: I want to take sure I understand what their request is and
who it is coming from, is it the Little Havana Merchants' Association?
Mr. Brazanski: No, that is the Downtown Miami Association. It has
nothing to do with Little Havana.
Mr. Carollo: O.K., I see Willie here. That's why I am a little,...
Mr. Brazanski: Well, he is our new Executive Director right now.
Mr. Carollo: O.K., you are wearing the other hat today, right?
Mr. Brazanski: He belongs now to downtown. That is why he is with me,
Mr. Carollo: You have been moving up, huh?
Mt. Brazanski: He is one stage up.
Mr. Carollo: O.K., I just wanted to make sure there is a little certain
item that I do not want to slide by on me today. I think if we can make
a motion to move it in principle to do the best we can with it, I would
be more than happy to make the motion.
Mayor Ferre: No, we are going to get to that later on. There is a
motion. Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Further discussion? This is on principle, Mr. Manager,
do you have any problems with this?
Mr. Gary: No, sir.
Mayor Ferre: All right, call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 82-865
A MOTION APPROVING IN PRINCIPLEA REQUEST MADE
BY MAKE BRAZASKI REPRESENTING THE DOWNTOWN MERCHANTS
ASSOCIATION FOR IN -KIND SERVICES DURING THE UPCOMING
A.S.T.A. CONVENTION TO BE HELD AT THE CITY OF MIAMI/
UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER,
SUCH iN-KIND SERVICES TO INCLUDE -THOUGH NOT LIMITED TO -
ADDITIONAL POLICE PaOTECTION, ASSIGNMENT OF CLEAN-UP CREWS,
A_ND THE SPRUCING OF THE DOWNTOWN AREA SUCH AS PLANTING
FLOWERS.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AXES: Commissioner J. L. Plummer, Jr.
Commissioner :filler J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES: None.
WENT: Commissioner Demetrio Peroq Jr.
On
sl V SEP 2 31982
5. PERSONAL APPEARANCE: PAnETTE MCCLAIN, REQUESTING USE OF
BAYFRONT PART{ FOR A 4-DAY EVENT CONCERNING THE EFFECT OF
REAGONCLMICS IN :1INORITY GROUPS.
Mayor Ferre: Is the representative from A.C.O.R.N. here?
Ms. Paulette McClain: Mayor, Commissioners, City Manager, and your
staff, my name is Paulette McClain. My address is 2440 N.W. 155th
Terrace. I live in Opa Locka. I am with A.C.O.R.N. We are here
to ask permission for the Bayfront Park as the site for a four day
event. We are going to use this event to dramatize the effect the
Reaganomics has on our community. We are going to invite candidates
there to speak and take a stand on the issues that affect us; and
encourage people to get out and vote. This will be a four day project
from October the 24th to November the lst. It includes Jacksonville
and Tampa. it includes 40 other cities over the United States. This
even will be going on simultaneously with ours. We have a location.
But we prefer to use the Bayfront Park. We are asking you for any
allowances and in kind services that the City has to offer.
Mayor Ferre: Mr. *tanager, what is your recommendation?
Mr. Gary: Mr. Mayor, I have not had an opportunity to thoroughly review
what they are requesting. I would like to have an opportunity to sit
down with them to find out all of the particulars with regard to their
request before making a decision.
Mr. Carollo: I might have a....
Ms. McClain: we have talked to two people in the County Manager's office,
Mr. Kern, Mr. Reid.
Mayor Ferre: What is that, Ms. McClain?
Ms. McClain: We have spoken to two people in the City Manager's office,
Jim Reid and Mr. Odio. They said that they would speak to the City
Manager about it and assured us that we were taking the right steps.
Mayor Ferre: In all fairness now, the Manager has been sick all week.
He just came to work yesterday. I know he was feeling pain because you
could see it in his face. I don't mean to hurt your feelings, Howard.
But that may be the reason. I don't know. But what I think we could
do is perhaps just in principle say that we support the petition of
A.C.O.R.N. subject to the *tanager's approval.
Mr. Carollo: Well, Mr. Mayor, I might have a conflict of interest on
that. As the only republican on the Commission what the City Attorney
does not overrule my conflict of interest, what I would like to propose
is that the parks are for all the people to use, as long as it is done
in an orderly fashion, which I am sure these people would do. Whether
we are in agreement with them or not, if they are citizens of Miami
they have a right to use those parks as long as it is done in an orderly
fashion. So, I would have no problem in approving right now this
Commission's position of letting them use the park as long as the City i
is not going to have to pay funds to pay for whatever activities are }
going on in there. So I guess what I am saying is that we are giving
4EMyou half a pie, but not all of it.
Mr. Dawkins: Do we realize that they want to use the park to have tent$
and things in the park as a city. Do you realize that?
Mayor Ferre: But they are paying for it.
*!r, Dawkins: They are?
Mr. Czrpllo; Yes,
10
SEP251982
0
Mr, bawkihs: you ate going to pay fot the pottabie 36hiis?
Ms. McClain: We have seVefai 6rgdticati6ht1 s- lot of dtgafilationai that
ate supporting us....
Mt. Dawkins: Miss* Miss..,.
Ms. McClain: Yes.
Mr. Dawkins: Are you going to pay for the portable Johftt and afty coat
of cleaning and what have you?
Ms. McClain: Itm trying to tell you.
Mr. Dawkins: Will A.C.O.R.N. be responsible for that?
Ms. McClain: We will be responsible for that.
Mr. Carollo: So long as they are responsible for that, they could put
a small, reasonable, bond that would cover that, it is fine. I have
no objections to them or anybody else using that park for anything that
is going to be done in an orderly fashion. I think it is their right
as citizens of Miami.
Ms. McClain: I have been the one that has been contacting the different
departments and all and doing the leg work. We have contacted Police
Chief Dickson. We have support from the Guardian An;els and from him
to work together on security. We plan on doing the clean up ourselves.
We talked to the Parks and Recreation about that. We are also planning
to invite all candidates to this thing. The other thing is just that
in terns of insurance we talked to Mr. Gonzalez, from to Parks
Department, about that. We are trying to cover as much as we can.
We would like to ask the City to help us with any special allowances
we would need to use the park overnight for an event that is open to
the entire public and then. also for in -kind services.
Mayor Ferre: You don't have me on that one. Not overnight. No, this
is not tent city. I have no problems with you using the park, provided
that it is kept clean and you put it back the way you found it.
Ms. McClain: Yes.
Mayor Ferre: But I do have a problem for overnight tents and all that
kind of stuff.
Mr. Carollo: That is the one thing that is touchy. I don't want it
ending up like Flamingo Park in Miami Beach during the Democratic
Convention a few years back.
Ms. McClain: Yes, the groups that we have been speaking with, community
action agencies, legal services... these are groups we have received
support from, the unions, Democratic Party, A.F.L.C.I.O., Dade County
Commission on the Status of Women, this sort of thing.
Mayor Ferre: I have no.problems with that. If you are coming to the
City. Why don't ycu do this in Tropical Park where the County can help
you? There is a lot of room there. You can put up tents and stay out
all night and do anything you want?
Ms. McClain: It is being done in 40 other cities and we would like to
use Bayfront ?ark just because it is most central.
Mayor Ferre: Fine, I have no problems. I support it with the conditions
as expressed here today.
Ms. McClain: O.K.
Mayor Ferre: But not overnight,
Ms. McClain; 0, K,
sl 11 SEP 2 31982
Mt. dardllo: Mt. Managed can you cone back to this Commission with
a rdd6tmehdation of what size of a bond they should put down to make
cute everything is cleaned up and left like it was before they came
to use it?
Mr. Gary: Yes, in addition to that, Commissioner Carollo, I would like
to establish the requirements that they would have to adhere to. I need
to bring that back to the City Commission also, so that we make sure
that the City is protected, but yet affording then the opportunity to
utilize the park.
Mr. Carollo: Certainly.
Mayor Ferre: when are you going to do this?
Ms. McClain: The dates are October 29th, 30thi 31st, and November lst.
Mayor Ferre: So we have time to work all these things out. The only
thing that I would say to you and the people of A.C.O.R.N. is just
be careful who you let use you for local political purposes.
Ms. McClain: Yes.
Mayor Ferre: I think you have to do these things —if you have a message,
that's fine. But let's keep this at a high level. Let's not let people
manipulate others for political purposes down here in the neighborhood
in City level. O.K.? You know what I mean.
Ms. McClain: O.K.
Mayor Ferre: Do you know what I mean?
,Ms. McClain: I think so.
:Mayor Ferre: O.K.
Ms. McClain: O.K.
6. NON -AGENDA ITEd CONCERNING FUTURE DEVELOPMENT OF LATIN
QUARTER AREA OF THE CITY.
Mayor Ferre: Mr. Plummer, you have Little Havana Development Authority?
Mr. Plummer: Mr. Mayor, I am in receipt of a letter from the Little
Havana Activity Center. Let me just read it into the record:
"On April 19, 1979 the City Commission approved
Resolution No. 79-250 authorizing the expenditure of
$25,000 for the preparation of a detailed development
plan to carry out the concept of Latin Quarter in the
City of Miami. The development plan is still in progress
and at this Lime we find that we urgently require your
assistance in establishing the Latin Quarter as a tourist
designated area. Therefore, they would like to request the
following: 1) The Latin Quarter be designated a special
public interest area in accordance with the proposed zoning
ordinances for the City of Miami. 2) That the pedestrianizatioa
of Latin Quarter area where the appropriate zoning for mixed
commercial and residential. 3) That the extended rezoning
study of the Latin Quarter to include ;vest Flagler and
S.W. 1st Street, 12th Avenue to the Miami River and areas
north and south to Flagler Street fronting the Miami River.
This area with compatible zoning would allow the private
enterprise development."
12
SEP 2 31982
si
E
MAyot Vette: Is there anybody here ktoih the Little HAVAhA DeVeiaptiaiit
Authotity?
Mr. Plummer: I thinks 'it. Mayor, that this is probably going to be handled
more so during the comprehensive zoning issue.
Mayor Ferre: Wells what are you going to do its J.L.?
Mt. Plummer: I just wanted to bring it to your attention acid their
request.
Mayor Ferre: O.K.
7. GRk.NT REQUEST FOR IN-KINSERVICES REGARDING OPENING OF "CUBAN
MUSEUM" ON SOt;TTWEST 12TH AVENUE.
Mr. Plummer: The second item, Mr. Mayor, is from the Cuban museum of
Arts and Culture. As you know this Commission gave them the right to
use the fire station on 12th Avenue. They will be having their opening
on October the loth of which we will all be invited. They are asking
of this Commission that necessary police be in the area since they are
expecting some very large crowds and that, of course, would be an in -
kind donation by this City.
Mayor Ferre: Are you going to Wove it?
Mr. Plummer: I will move it, *es, sir.
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 82-866
A MOTION AUTHORIZING AND DIRECTING THE CITY :SANAGER TO
_ GRANT A REQUEST �SADE BY REPRESENTATIVES OF THE CUBAN
MUSELT14 LOCATED IN THE FORMER CITY OF MIAMI FIRE STATION
ON S.W. 12TH AVENUE FOR IN -KIND SERVICES IN CONNECTION
WITH THE GRAND OPENING OF SAID MCSEL':i SINCE THEY
ANTICIPATE HAVING LARGE CROA'DS AT THE OPENING CEREMONIES.
Upon being seconded by Cc ►issioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice Ferre
- NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
13
8EP 2 31982
s1
3
8. GRANT REQUEST MADE BY ELIZABETH VIRRICn FOR A ONE -MONTH EXTENSION
OF BOXING CONTRACT, PE:NDI:�G RECEIPT OF AUDIT:
Mayor Ferre: Mrs. Virrick.
Mrs. Elizabeth Virrick: Thank you for giving us this time. As you know,
our contract on the boxing expired July 1st and the Commission extended it
for three months. I am ashamed to tell you that the accountants have not
yet finished the complete auditing of the years expenditures and
income. With October 1st facing us now.I don't think you want to
go through the business and certainly not today of the new contract and
all that, which we are reviewing with Mr. Gary's office. It was suggested
that we ask for one month extension at the old rate so that our audit would
be ready for us to come back to you with the year's contract at that time.
Mayor Ferre: Mr. Manager.
Mr. Gary: I love Ms. Virrick too but this would be our third extension
and I would suggest to the City Commission that we accept our recommendation.
However, because this is the third extension and we are constantly spending
money, we really have not received an adequate audit. I would like to
ask.the Commission to urge Mrs. Virrick to hurry with her audit and make
this the last extension.
Mrs. Virrick: Mr. Gary, I am not an auditor and I have been hurrying them
so that they are pretty mad at me. But they are doing the audit of the whole
agency at the same time, not just the boxing.
Mayor Ferre: kfio?
Mrs. Virrick: Price Waterhouse. We have all the figures here with us,
but it would take so much time to explain them that it would be better
to have the auditors report before the Commissioners before they....
Mr. Dawkins: Mrs. Virrick, I agree with you wholeheartedly, but I also
have to agree with the Manager. This will be the last extension that
I will vote on.
Mrs. Virrick: It is not....
Mr. Dawkins: It is the last I will vote on.
Mrs. Virrick: It is not the third. It is the second one.
Mr. Dawkins: It is the last one that I will vote on.
Mrs. Virrick: I don't blame you.
Mr. Dawkins: Yes, ma'am, because it puts the Manager in a very peculiar
situation. Ile has to continue to juggle books. It is very bad auditing
procedures. So, ask you auditors to please see if they can get it done.
Mrs. Virrick: I will. I am aw-fully sorry.
Mr. Dawkins: Yes, ma'am, we understand that -it is not your fault, darling.
Mrs. Virrick: But they have had an awful job.
Mayor Ferre; All right, is there a motion?
Mr. Dawkins: I move it.
Mr, Plummer: Second.
4 S E P 2 3198Z
al _
=s
i
0
Rdy6t tetra; further discussion? Cali the toll.
niiruatWili9til.G—Ti-------z-LGa..ri..iLiiG—GGGiiGYLw�YrL4fIiG.GGGGGL�.nt+CLiiW.�IQ
Commissioner Perez entered meeting at 2:10 P.M.
.----r----L-----..----------:Y—Gi�L rii LG LGi`Si lit Y.. ii
The following motion was introduced by Commissioner Daukitit, who ra6Vdd
its adoption.
MOTION 82-867
A MOTION TO GRANT A REQUEST MADE BY ELIZABETH
VERRICR FOR A ONE -MONTH EXTENSION OF THE CONTRACT
FOR THE BOXING PROGRAM AT THE "ELIZABETH VIRRICK
G1111" TO INOMiBER 1, 1982, AT THE PRESENT RATE,
PE,'DIVIG RECEIPT BY THE ADMINISTRATION OF THE
COMPLETE AUDIT OF THE BOXING PROGRAM PRIOR TO
NEGOTIATION OF A NEW CONTRACT.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Co=issioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
9. GRA-NT R QUEST 11ZE BY METRO POLICE DEPT. FOR USE OF MARINE
STADILI! FOR RECRUITMENT DRIVE.
Mayor Ferre: we have some officers from Metropolitan Dade County.
Would you step forward, please, and tell us what you want?
Mr. Randy Edwards: My name is Randy Edwards with the Metro Dade
Police Department. We are requesting the use of the Marine Stadium
free of cost for an event that we are going to have on October the 16th.
Mayor Ferre: All right, would you explain what the event is?
Mr. Edwards: Yes, sir. We are going to be doing a recruitment drive.
We are going to bring the specialized units to the Marine Stadium.
We are e::pecting 3,000 or 4,000 people from- the community to go there.
Mayor Ferre: I have two questions for you. Minority is both Black
and Hispanic, right?
Mr. Edwards: Yes, sir.
Mayor Ferre: So you are going to have both Black and Hispanic?
Mr. Edwards: Yes, sir.
Mayor Ferre: And secondly is, I would like if possible, Mr. Manager,
for the City Police Department...) mean they are going to go through
all this trouble and all this expense of bringing 3,000 Black and
?hispanic ;ids for recruitment purposes, we ought to try to get a little
bit of beneiit out of it,
15
sl
SEP Q 31982
Mt, Edwards: We have been on telephone contact with the City of Miami
with Mt. Harms' office. We are planning on obviously making it a dual
effort, It is going to be an event that is going to gap somewhat the
kind of gap, or try to close the existing gap between communities and
the police department at the same time that we are going to have the
recruitment drive.
Mayor Ferre: You, the County, need help in that a lot more than we
do, because we are doing all right. We also need to do a little bit
more, but we are doing all right. Mr. Manager, what is your recommendation?
Mrs Gary: My recommendation would be to allow them to use it provided
that the City of Miami participate on an equal basis,
Mayor Ferre: I like that proviso.
Mr. Carollo: I move based on those conditions,...
Mr. Plummer: Second.
Mr. Carollo: ....that the City of Miami P.D. participate on an equal basis.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 82-868
A MOTION GR.-NTING A REQUEST BY THE METROPOLITAN
DADE COUNTY POLICE DEPART;IENT FOR USE OF THE
MIAMI MARINE STADIUM ON OCTOBER 16, 1982, IN
CONNECTION WITH A POLICE RECRUITMENT DRIVE; SUCH
PERMISSION BEING GRANTED SUBJECT TO EQUAL PARTICIPATION
BY THE CITY OF MIAMI POLICE DEPAR'FME:'T.
Upon being seconded by Commissioner Plummer, the motion 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 Ferre
NOES: None.
ABSENT: None.
10. AUTHORIZE ?JND DIRECT CITY %Wi'AGER TO CONTACT DADE SCHOOL BOARD
DE3'aNDING THEY ASSUME THEIR RESPONSIBILITY FOR FUNDING OF "AFTER
SCHOOL ERE" PROGRAM
Mayor Ferre: Mrs. Adker, Arne -Marie Adker, is she here?
Mrs. Anne -Marie Adker: Thank you, Mr. Mayor. May I remind you that
minority means women too?
Mayor Ferre: I stand corrected, Ms. Adker. 1 apologize,
Mrs. Adker: All right.
Mayor Ferre: I am properly and publicly chastized, I .Z=ant tO VSy
women and other minorities.
16 SEP 2 31982
Ctrs, Adker: Thank you,
Mayor Verre: I never knew that women Mere ti.fioritiesf but I Alwaya
figures that you all were really....
Mrs. Adker: Well, that is what they say.
Mayor Ferre: That is what they say. All right,
Mrs. Adker: O.K. Mr. Mayor and City Commissioners4 I am herd supporting
the people, parents from the Little River Community. They have tiro
spokesmen, Mr. Williams and....
Mayor Ferre: All right, Mr. Jenkins.
Mr. Henry Williams: Mr. Williams; good afternoon Mr. Mayor, Commissioners.
My name is Henry Williams. I live in the City of Miami, in the community
of Little River. I am here on behalf of the After Care Parents Program
sponsored at Little River. The problem there is that the 30th of
this month the funding for the Little River After Care Program is
going to cease. The proposal....
Mayor Ferre: ir'ho funds you now? Where do you get the money? The County?
Mr. Williams: The City.
Mayor Ferre: The City?
Mrs. Adker: They had an extension. I believe that was from City of
Miami in June for this program. That ends on the 30th of September.
Now they have gone to the School Board. In fact, they have exhausted
all steps in trying to get some funding for this program. The reason
I am interested in it is because we are putting so much money into
the Police Department, building jails, and we are going to extremes
in spending money on crime and not doing too much in preventive
measures. I feel as though this is a good preventive measure. If
you know where your children are when you are working.
Mayor Ferre: Mr. Manager, what is your recommendation on this?
Mr. Gary: Mr. Mayor, this has been the discussion for the last two
years with regard to the responsibility for the after school care
program. If you recall the City of Miami was the only city in Dade
County that was financing the after school program, even though in
other areas of Dade County the school system was picking up that cost.
The City Commission earlier this year decided not to continue funding
this program. After continued deliberation, you decided to continue
the program until September 30th with the understanding that this is
the School Board responsibility, that we would not fund it after
September 30th, that the School Board, because of its ability to
raise its taxes just as the City of Miami does but they have been
refusing to do it, should absorb this responsibility which is rightfully
theirs.. I recommend that Mrs. Adker and all the people in Overtowa
and Liberty City go right down to the School Board and ask them to contribute
to the program.
Mrs. Adker: Mr. Manager.
Mr. Gary: Yes.
Mrs. Adker: We have gone to the School Board, The School Board has
a program of their own this year at $15 per child for after school.
We have gone to them and asked for some sort of waiver that we cannot
get. We have asked for something on the basis of a sliding scale.
Of course, we have a new member on the School Board. Maybe we would
be able to do something with them.
We have gone to the Y.W.C.A. that is interested in After Care
Program, but they are without funds, because they'are backed by
United Way, So they have actually exhausted ali means of funding.
That is why we are here.
17
$1
5cP 2 31982
Mn Gaty! That is a point of contingence as relates to the Administrations
t think even the City Commission, that they have not exhausted their
funding: There is a possibility they have absorbed within Dade County
tithes than the City of Miami for years. There has been no cost associated
with it. Now they are saying the City of Miami is going to cut off the
funding. We should have the responsibility. We will pick it up, but
we are not going to charge. It is our position that the School Board
has the capability of taxing themselves to finance this program and
they should be made to do so.
Mayor Ferre: All right, any comments or questions from Members of the
Commission? Is there anything else you want to say, Mr. Williams?
Mr. Williams: Yes, I would lire to say that the majority of these people
in this community here, Little River, do not have the money to pay for
the proposal that the School Board is going to get $15. Some of these
people have four kids in the school. That is $60.
Mr. Dawkins: Mr. Williams, may I cut you off, sir? We know this. We
agree with you. But just like you here are raising hell with me, you
should be at the School. See, you are here demanding that I help you
meet your needs. But nobody is going to the School Board demanding
that they take my tax dollar, which they tax me and you and everybody
else and make them do this. See, just because they tell you that
you have to pay $15, you do not argue with them. You say, "O.K., that
is Gospel. I won't argue with the School Board. But I will go to the
City of Miami and those bleedin, hearts down there will feel sad for me
and will come up with the money.
11
Then if we give you this, then we nave to cut somewhere else. We
are just like the School Board. We do not have the money.
Mayor Ferre: You see, maybe you can go down to the School Board and
get them to help us pay for our Fire Department and then we will help
them do what the School Board is supposed to do. Or maybe they can
give us some money to collect some of our trash and garbage, and then
we will help them do what the School Board is supposed to do. But the
point is that is a responsibility of the School System of Dade County
and not of the City of Miami. Just because we have helped in the past...
Plummer always said ::e would live to regret today, and sure enough here
we are because we end up getting the blame for it.
Mr. Williams: I would like to ask one more question. What is going to
happen in the meantime up to September the 30th when there is no more
program and the parents who are working are going to be worried sick
about what and where are their kids after school. They are going to
go right back into the crime that you are spending money for instead
of taking measures to prevent this now.
Mr. Dawkins: Do you :;ant me to answer?
Mr. Williams: Do you want 20 years of crime facing you? Or do you want
a few dollars now to prevent crime? Which would you rather have?
Mr. Dawkins: May I answer to that?
Mr. Williams: Yes, sir.
Mr. Dawkins: Take you: kid there and leave him and go back and get him
in the afternoon and let the School Board figure out what to do. That's
what you do. That's what you do. You take these youngsters to that
school and leave them on that school ground and tell them if anything
happens to them, you are going to sue the School Board and you will see what will
happen, They will find some money and something will come up. That's
what we do. You asked me. That's my suggestion.
Ms. Shirley Jenkens: Excuse me.
mr, Dawkins: Yes, darling.
SEP 2 319e2
Mtg. Shitley Jenkensi Ism Mrs, Shirley ,Tefikefts, 1 would just like to say
that tight now we are in a bind. Cotaing as a grandmother, a mother I know
we do need these funds. Someone has to help us right now. These children
cannot be put on the street. We have cut down. After Care has been doing
their best. We have cut down the members of our staff all the way down,
skimming as far as we can in order to try to maintain and hold. These
children, their parents, those that can work and work part time, sometimes
they are not sure about their jobs and they are doing the best they can.
We need some kind of help. When those children are out, these little
small children here are out. There is nobody to keep them. We don't want
these children ending up like Adam West any other one that is out
there on the street. As a mother I know what it is to try to go to work.
When you are there you are not sure about your children. I mean you get
a telephone call. This is the one thing you don't want to get. When
you know your child is safe you can go to work and you can do a productive
job. I mean you feel safe. You know where your child is. But with
a child you put out on the street, we have had young people from the
school that we have had out there helping ... we have had to cut them off.
Right now, they are going to go back out to the streets and you have
crime and everything else out there. They begin to get to a boiling
point and then we begin to see the results of it. This we don't want.
We don't want to begin to help children and then all of a sudden turn
them loose after you build the person up. These children need help as
well as the small ones. I work and I know without the After Care, there
is no way I could come out from work and go pick up the baby, take her
home and try to find somebody. We cannot afford the amount that kindergarten
charges. They cannot afford the $15 fee, which the School Board was
charging. So, I mean, some help has to come from somewhere.
Mr. Dawkins: They could not have picked a better spokesperson than you.
Mrs. Jenkens: Thank you.
Mr. Dawkins: I am aware of the dedication that you make in regard to
this program. I am aware of the sacrifices and you 'know I am not lying.
Mrs. Jenkens: Yes, you do know what I have done.
Mr. Dawkins: I am aware of the sacrifices that you make for this.
Mrs. Jenkens: Right.
Mr. Dawkins: But by the same token, like I said, nobody out there seems
to understand that this is a School Board responsibility. Nobody out there
seems to wart to agree that they paid Dade County taxes too just like we
pay taxes for the City of Miami.
Mrs. Jenkens: All right.
Mr. Dawkins: Nobody goes to the County and demand, "Hey, look, we have
these youngsters that are going to be turned out here on the streets. You
all give us something." Nobody goes to the School Board. But you come
to the City, and J.L. said right over there "None of those people are
here who were not going to vote for me if I did not vote to give them
money to the After School." A11 the Community School Directors, they
are not here today. Lou Tassey ::as fired because I argued with him.
J.L. Plu=er sat there and said, "Fine, because it came just like you
are here now. You said we are in a bind." I mean the the program.
_A J.L, said, "O.K. we will fund it until September 30th." These were his
exact words. You go to the School Board and we will go with you. This
Co=ission will go with you to demand that the School Board pick up this
program.
Mrs, Jenkens: Well, Mr. Dawkins, that is fine. But right now the
program runs out as of the 30th. I mean if there is something that
_M can be done.
Mr. Dawkins: This was June when we told them that we would go to the
School Board with them,
sl
SEP 2 31982
Mrg. Sattdfa Lowe! Excuse the, Mr. C6=issi6ttef'4
Mt. Dawkins. Yes, ma'am,
Mrs, Lowe: I am Sandra Lowe. I am title dlhe thArPei§6fi at tittle k.iVdr
Elementary School. My two sons „ „
Mr. Dawkins: Which school?
Mrs. Lowe: Little River Elementary. My two sons also go there: I have
been involved with the school in the last two Yeats. I also see the problems
of the school between the parents, the children, and the School Board. The
School Board does not want to listen. They are set in their ways. I mean
I have even had trouble talking to Dr. Stenson, who is our area supervisor.
At the time what we would like is for the Commission to please fund us
through say next month so we could make a meeting with the School Board.
for you to come with us to the School Board to get this out into the op�%n
for all of Dade County Elementary Schools that have an After Care Program
because if we do not make a start somewhere there is going to be no after
care. Five and six year old kids are going to be roaming the streets,
crime is going to go up. It is already up in Dade County, all over the
State, and all over the Nation.
Mr. Dawkins: What excuse did Solomon give you for not cooperating?
Mrs. Lowe: I'm trying....
Mr. Dawkins: I mean, no, Dr. Stenson. What excuse did he give you for
not cooperating.
Mrs. Lowe: I have made appointments to talk with him.
Mr. Dawkins: Ma'am.
Mrs. Lowe: I have made appointments to talk with him.
Mr. Dawkins: I thought you said you talked with him and he didn't....
Mrs. Lowe: He seems as if ... well, I did not talk to him personally. But
I said I have made appointments to talk with him and I get no response.
Mr. Dawkins: O.K., then see...
Mrs. Lowe: This is what I'm talking about.
Mr. Dawkins: Who is over Stenson?
Mrs. Lowe: That is Dr. Britton.
Mr. Dawkins: So that is your next stop.
Mrs. Lowe: All right, but what I am trying to say is this. Why can't the
Co=ission...wait a minute, now...I understand your position because I
am a registered voter and I follow politics religiously. Why can't the
Commission fund us say for another month so we can make the meeting with
the School Board and get this out into the open so we can benefit the
whole school.
Mr. Dawkins: All right, O.K., O.K., let me find out one thing. Mr.
Manager, is it posible...wait a minute, I just want an answer from you.
Is it posible to fund this for one month? I mean, can we find any kind
of money?
Mr. Gary: Wall, let me first tell you that you have directed me to find
$3,000,000 that I cannot find. That is first thing. The second thing
is that once you set a precedent....
Mr. Dawkins: No, no, no, there is going to be no precedent.
Mr, Gary; ....with this school, you are talking about ovary other school
the City of Miami.
20
SEP 2 31QS2
4
Mr, bawkins: No, no, no, no, no, that is why I asked y6U tafl 'pie ffiid
the f hey for this one tifne, because i ati going to put a stop to this,
Mr. Gaty: No, sir: No, sit.
Mt, Dawkins: We cannot.
Mr. Catollo: Mr. Mayor, what 1 would like to do is make a motion to do
about the only thing we can do at this point in time. That is to send
out a letter to be hand delivered to the Chairman of the School Board and
all of the Board members that would state our position, the --sit{on of
the City Commission, and to demand from them to meet their obligations.
1 understand the problems that you all are going through, but this
Commission made a decision very clearly months back that we were only
going to extend our funding through September 30th.
Mayor Ferre: There is a motion on the floor.
Mr. Plummer: Second the motion.
Mayor Ferre: There is a second. As I understand the motion is that
a hand delivered letter signed by the Manager stating that the City
Commission is strongly supportive of the after school program and that
we feel it is the legal and moral responsibility of the School Board
to meet that obligation. We have in past years helped. We can no longer
help. We have our own things we must take care of. We need monies to
cover our own services that we are legally responsible for. We think
they should meet their legal and moral obligations. We would like to
request that they immediately set up a meeting in which the Chairman,
Mr. Paul Cejas and Dr. Britton set up a meeting with the Board to iron
our these problems.
INAUDIBLE CO2 ENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Yes, ma'am.
INAUDIBLE CO?-.ENTS
Mayor Ferre: This afternoon. You'll have it this afternoon at the end
• of the day. Is there further discussion on the motion? Call the roll.
Mrs. Lowe: Mr. Mayor, how will we know at Little River when the meeting
will be set up?
Mayor Ferre: We will have to let Mrs. Adker and Mr. William....
Mr. Dawkins: And the Principal at Little River, in fact the whole
Administration., but it goes back to what I am saying to you. On the
first of October take your children to the school and forget about it.
Mayor Ferre: Further discussion? Call the roll, please.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 82-869
A MOTION AUTHORIZING APID DIRECTING THE CITY MANAGER TO
114M=IATELY PREPARE A LETTER SIGNED BY HIM WHICH SHALL
BE DELIVERED, BY HAND, TO THE CHAIR..%Wl OF THE BOARD MEMBERS
OF THE SCHOOL BOARD STATING THE POSITION OF THE CITY OF
MI.A..41 CO.`.ISSION IN REGARDS TO THE LITTLE RIVER AFTER
SCHOOL CARE PROGR 4, AN'D Da `XDING OF THE SCHOOL BOARD
THAT THZY MEET THEIR OBLIGATION IN CONNECTION WITH
FUNDING OF SAID PROGR.VM; FURTHER REQUESTING THAT SAID
ISSUE BE L�nIEDLJELY ADDRESSED; AND FURTHER REQUESTING
THE CITY MANAGER TO ARRANGE FOR A MEETING BETWEEN THE
CITY ADMINISTRATION AND THE DADE COUNTY SCHOOL BOARD;
STIPULATING T:iAT Ra- BERS OF THE CITY OF MIAMI COMMISSION
SHALL ATTEND SAID M-PETI:•;G TO INDICATE THEIR STRONG SUPPORT
OF TFIS PROGRP-M,
21 SEP 2 3 1982
Upofl being seconded by Ootimissiotiet t1utdets the Mbtldti etas passed acid
addpted by the following vote!
AYES'. Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, jr.
Commissioner :tiller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOMS: None.
At9FNT1. None.
Mr. Perez: Mr. Mayor, could I ask something on this issue? I support
in full that motion. I would like to add that we have the opportunity
to assign a member of the City :tanager's staff to appear before the
School Board supporting that petition and advising these people and
making a recommendation.
Mayor Ferre: No only that, but Mr, :tanager, I think you ought to petition
for them to put us, City's request on the agenda. You assign somebody
from staff, and let the :!embers of the Commission go. I will go with you.
I will go.
Mr. Dawkins: I will go.
Mr. Perez: I will go also.
Mayor Ferre: I will go with you to the School Board and I will be there.
I will be happy to go with you and make that petition.
11. BRIEF. DISCUS SION ITEM: LEGAL. OPI,,IO.': REGARDI::G JACAROL.
Mr. Dawkins: I have but one pocket item, Mr. Mayor. I was talking with
Mrs. Carolyn Weiss of JACAROL. I suggested that she get an
opinion from a lawyer. Her lawyer has prepared a memorandum of opinion.
I am going to ask that the City attorney study this and tell me if it
is correct. At the next meeting, Mr. Manager, will you put this on the
Agenda for me to discuss, please?
12. F-XPRESS CONCERN TO THE GOVERNOR OVER FILTHY C0�'DITIONS OF
MEDIAN STRIPS OF HIGM,'AYS UNDER STATE JURISDICTION WITHIN
CIT'i LD!ITS.
Kayor Ferre: Are there any other pocket items?
Mr. Carollo: What opinion is that?
Mayor Ferre: Commissioner Perez?
Mr. Perez: Mr. Mayor, I read in the paper yesterday that the State of
Florida has a new Director for the Department of Highway Safety. His
name is Bob Butterworth. He is from South Florida, I think that now
is the right time to bring to the attention of this person the filthy
22
SEF 2 3 �1:112
sl
Mr. Petet (CON'T): condition of many streets and main roads of this
City. For example, N.W. 27th Avenue has never looked worse. That is
a State....? But to the proper department. A note that we send to the
proper department in order to have the opportunity to clean the island
that is in the middle of S.W. 27th Avenue and several other streets.
Mayor Ferre: I think that is an excellent suggestion. Do you want to
memorialize it in a motion? I understand the sense of the motion. I
recommend that you do it through the Governor, that the City of Miami go on
record with the Governor, that the condition of the median strips that
are the responsibility of the State are getting dirtier and dirtier.
It is doing a tremendous amount of harm, not only to the tourist
interest of the City of Miami and this community but also to the
cleanliness of the neighborhoods. It is just a bad image for the
people of Miami. We are cleaning our street. The City and the
County are doing their job. But all the State highways are in very
filthy condition. Is there a second to that motion?
Mr. Plummer: Sure.
Mayor Ferre: Second by Plummer. Further discussion? Call the roll.
The following motion was introduced by Commissioner Perez, who moved
its adoption.
MOTION 82-870
A MOTION OF THE CITY OF MIAMI COMMISSION STATING
THEIR CONCERN OVER THE PRESENT FILTIiY CONDITIONS
OF THE :MEDIAN STRIPS OF HIGHWAYS OF STATE JURISDICTION
LOCATED WITHIN THE CITY LIMITS AND REQUESTING GOVERNOR
GRAHAM TO L'L'MEDIATELY TAKE ACTION TO CLEAN UP THESE
MEDIAN STRIPS SINCE THEY PRESENT AN UNFAVORABLE IMPRESSION
TO TOURISTS COMING TO THIS AREA AS WELL AS A HEALTH
HAZARD TO THE CITIZENS OF THE CITY OF MIAMI.
Upon being seconded by Commissioner Plummer, the motion 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 Ferre
NOES: None.
ABSENT: None.
13. BRIEF DISCUSSION ITEM: REQUEST LIST OF ALL AVAILABLE LANDS FOR
DEVELOPMENT I:" THE CITY.
Mayor Ferre: Are there any other pocket issues?
Mr. Perez: Yes, Mr. 'Mayor, I would like to have for the next Commission
Meeting a list of all the City -owned lands that are suitable for
development and are not being used in the City of Miami.
Mayor Ferre: Mr. Manager, there is a request from a Member of the Commissiou....
Mr. Perez: I think I requested about a month ago a list of all the
lands that are available for development in the City of Miami.
23
S E P 2 310-82
I Ap
Mr, daty: i though two gave that t6 youo 'but w o- have. it, I'll vAka §ure
We get it to you.
Mt, Plummer: City -owned,
Mtn. Gary: We sent that to you in a big notebook we sent to each Membet
of the Commission. I will get you another copy though, Commissioner
Perez.
14. PERSONAL APPERA5CE: DR. ALONSO, PRESIDENT OF THE "PROPERTY
OWNERS' ASSOCIATION OF LITTLE HAVANA "REGARDING ECONOMIC
s, PROBLEMS IN THAT AREA
Dr. Leonel Alonso: I am Dr. Leonel Alonso, President of the Association
of Merchants and Property Owners of Little Havana. Mayor Ferre and City
Commissioners, we need your help. We represent an area that has been
seriously affected by crime in the last two years. As a result, we have
suffered serious economic damage. We represent an area of small merchants
and property owners. We represent an area where 60% of the Latin population
of Miami lives. We represent an area declining economically and socially.
We represent an area that urgently needs the help of the Mayor and the
City Commissioners. We, the members of Little Havana Merchants and
Property Owners have done our part. Together with the Police Department
of the City of Miami we fought very seriously and successfully against
crime. But now we feel it is time to go to the second phase of our plan.
We need to work hard for the revitalization of Little Havana. Poverty
and unemployment bring crime. In order to succeed we have to change the
damaged image of our area. We have to return to the feeling of confidence
in Little Havana. If this is not done many merchants will have to close
their businesses. This, of course, will be extremely negative to Little
Havana and to our eccnomy. Our goal is to restore full confidence in our
area. To be successful we have to bring people so they can see for themselves
that Little Havana has improved and that there they can shop, work, eat,
go to the movies, etc. in a safe atmosphere. Our proposal today is based
on a promotional plan in order to help the business of the area and return
the lost confidence. 4e are not preparing a festival. We repeat: this is
not a festival. This is a promotion to help the economic revitalization
of Little Havana. We cannot allow Little Havana to become a slum and to
have only poverty, crime, and dirt. The Association has planned great
activities to change the image and to revitalize the business of Little
Havana. We want to call this plan "La Semana del Comerciante en la
Pequena f:abana," "Merchants' Week of Little Havana." This will be the
first of several activities directed to improve Little Havana.
During a week we are planning several activities aimed to bring
people to Little Havana. Our merchants will have the considerable
fortune and economic activities if we succeed in our project.
The merchants will be personally active in each of the special promotional
events that ::e will have, The activities will be for all Little Havana
in all the important commercial streets. We consider that it could bring
over 80,000 visitors during this week and over $800,000. The expenses
of this activity are superior to $30,000. The Association is going to
pay for it, but we need 512,000 for propaganda,(*) radio, T.V., and press.
Yesterday was a very sad day for our association. Since during
our weekly weeting we were informed that two stores went out of business.
This happened also during the previous week and we are facing a very
serious problem in Little Havana, We bring this to your attention so
that you realize the importance of this "Merchants' Week" to help this
area. Mayor Ferre and City Commissioners, with your help we shall
succeed with the battle against crime. Mayor and Commissioners, help
us now to fight against the decline of Little Havana, unemployment, and
the deterioration of our area. Thank you.
(*) (publicity)
ff
sl SEP 2 31982
Mt. Petdt! Mt. Mayor, let me ask hire somethings Dr. A16htoi this is a
flew pfoposal, no? That is not the same that you tried to present in
the last Commission Meeting about the emet•genty meeting fot the A.S.T.A.
convention, I think this is about the week of the businessmen in Little
Havana,
Dr. Alonso: I think, Commissioner Perez, that we need to change the
date because....
Mr. Perez: You have enough time.
Dr. Alonso: ....we came a couple of weeks ago here and we were not able....
Mr. Plummer: There was a group earlier representing the Downtown Merchants
about the A.S.T.A. That was a different story.
Mr. Perez: Yes. No, that is the question.
Dr. Alonso: We are very close to the day. It is almost impossible to do
now at the same time of A.S.T.A.
Mr. Plummer: Excuse me.
Dr. Alonso: But the purpose is the same.
Mr. Plummer: Commissioner Perez, there was a group before you arrived
of the Downtown Business Merchants Association who spoke to the A.S.T.A.
problem. These people as I understand it are further out. These are the
12th Avenue, 8th Avenue people. It is an entirely different situation.
They did not speak about A.S.T.A. before. It was the Downtown Merchants,
not the Little Havana.
Mr. Perez: That's right.
Dr. Alonso: But we want to say thank you, Commissioner Plummer, but
we want to say that the City Manager and Mr. Cesar Odio helped us very
much when they asked the A.S.T.A. convention to consider Little Havana
an area to go and to visit, and to buy, and to spend time with us. We
are very grateful as a merchant of Little Havana to the City Manager,
M.r. Howard Gary and to the Assistant Manager, Mr. Cesar Odio for this
help to Little Havana.
Mr. Perez: I would like to clarify about the Little Havana and the
A.S.T.A. convention that we approved a motion about two months ago with
the full support of the Cormlission where Little Havana was an important
part of the attraction. This Commission suggested that it be a part
of the attraction of this festival. I would like, Mr. Mayor, to propose
that these people have the opportunity to meet with the Administration,
that they furnish all the information and that they bring a recommendation
to inform for the agenda for the next Commission Meeting.
Mayor Ferre: I would just like to say a few things on the record so
you understand my position. On the previous occasions, Dr. Alonso, that
you have come here, it is my recollection that I was supportive of you
and of your organization on every single occasion.
Dr. Alonso: That is correct, sir.
Mayor Ferre: I understand that there are some opinions that I am not
so supportive, that this Commission has not been very, very good or
friendly. You know, there are two for—mal organizations that I am aware
of. One is the Little Havana Development Authority. The other one is
the Little Havana Tourist Authority. This Commission has always dealt
through those organizations. In addition to those two organizations,
there are two chambers. One is the Interamerican Chamber of Commerce,
who represents many of the merchants in Little Havana. The other is
the Latin American Chamber of Commerce. Now we have a fifth organization
which is the Little Havana Merchants Association.
25 SEP 2 31982
b:�
Mayot Fefte (CON'T): Now, the little Havana Merchants Association should
ift try opinion follow the example set by the Downtown Merchants Association,
Mt. Willie Gort was just recently here. Mr. Willie Gott and the Downtown
Merchants Association worked closely with Downtown Development Authority:
When they do things, they do things like this, in unity. That is why
they get things done. I would recommend that when you come back here
that you come back here also with the blessings of the formal organizations
that the City of Miami deals with. As far as I am concerned as of right
now, this is one man's opinion, thev are the Downtown Development
Authority...I'm sorry, the Little Havana Development Authority, the
Little Havana Tourist Authority, CAMACOL, and the Interamerican
Chamber of Commerce. After that then....
Unidentified Speaker: :fay I make a comment, please Mr. Mayor? I agree
with you on certain points. I disagree in others. First of all, we
are an organization that is independent from the others. I just don't
see the need when we are addressing something that we feel is good for
the community that we have the necessity before to come to this
Commission to have the blessing of anyone, but to look for the
betterment of our community. I feel very strongly about this point.
I represent other organizations, like I am the President of the
Association of Neighbors in the area of Shenandoah and the Roads
area, and a very active person in the community. I am also a member
of this organization, Merchants and Property Owners of Little Havana.
I do feel that we don't really have to go to the extent to check with
any other organization before we come to this Commission. But also,
beside that point, I want you to know that we do work closely with
these organizations in many extents. For example, I am a member of
the Little Havana Organization and I am a member of that board.
Therefore, we are very actively involved people who represent both
organizations. But I feel it is not necessary for our organization
to check with anyone before we come to request something that we feel
is good for our community and that we feel strongly about it.
Dr. Alonso: We cannot accept your opinion in that matter,
Mayor Ferre.
Mayor Ferre: Well, fine, don't accept it.
Dr. Alonso: . We are in a free country. We can do everything
and speak everything.
Mayor Ferre: Wonderful, wonderful, I am not denying you....
Dr. Alonso .. Sure, we don't need to ask permission to anybody
to come here to.defend Little Havana.
Mayor Ferre: Dr. Alonso, Dr. Alonso....
Dr. Alonso: We are fighting agaist the crime and many people were not e
present there.
Mayor Ferre: Dr. Alonso, the fact that you are speaking here...I don't
have to accept your speaking here....
Dr. Alonso: The person that came to give gossip to you needs to come
to speak to me....
Mayor Ferre: I have done it out of courtesy....
Dr. Alonso: ....because in the way that you came today here, it was
very impolite of you. And we are not accepting this from you or from
anybody in this Commission.
Mayor Ferre: Fine.
Dr, Alonso: We are defending Little Havana, which dyes not have a voice,
Mayor Ferre: Fine, thank you, sir,
26
SEP 2 31982
sl
bt, A16neo: And wee ate fighting fat that,
May6t Fette: Fine, thank you, sit,
bt. Alonso: And we believe and We live in tittle Havana, Hay6ri
Mayor Ferre: Thank you, This is finished. No, no, no mote diseutti6n:.
That is it.
Dr. Alonso: Well, I Want to know what is the problem.
Mayor Ferrel Thank you very much and we will see you again in the
future.
15. PLAQUES, PROCLA1-1ATIONS AND SPECIAL ITEMS
1. Presentation of a plaque to Chief Herman W. Brice, upon his
selection as Florida Fire Chief of the Year.
2. Proclamation of National Fire Prevention Week, presented to
Chief Herman W. Brice.
3. Presentation of commendation to Officer Odell Jolley upon his
selection as Outstanding Officer of the Month for the month of
July, 1982.
4. Presentation of commendation to Officer James O'Brien upon his
selection as Outstanding Officer of the Month for the month of
August, 1982.
5. Proclamation declaring the month of October, 1982 as Miami Influenza/
Pneumonia Immuni2ation Month, presented to Dr. Richard Greenman.
6. Proclamation declaring the week of October 8 to 17, 1982 as
Hispanic Heritage Festival Week, presented to Mr. Larry Adams.
7. Proclamation declaring September 12, 1982 Miami River Revival
Day, presented to Mr. David Block.
THEREUPON, the Chair TEMPORARILY ADJOURNED THE
REGULAR PORTION OF THE PLANNING AND ZONING AGENDA,
AND PROCEEDED TO TAKE UP ITEMS BELONGING TO THE
P1-0N, ING AND ZONING PORTION OF THE AGENDA.
27
SEP 2 3 1982
1
16. DEWY APPEAL OF VARI.A1;CE PREVIOUSLY GRANTED By ZONING BOARD IN
C04-NECTION WITH PROPERTY LOCATED APPROXIMATELY AT 1951 W.
r FLAGLER STREET
Mayor Ferre: All right, we will now take up item number 12. Mr. Block
and Mr. Sorg, you are on schedule. I don't mind taking you out of
schedule if nobody else objects after we have done some of things that
people are here on. Is the Admiral's representative here? We have
to take item 12 up first because there are a lot of people here on that.
We will take up the Admiral's representative up next. Mr. Block, tell
Mr. Block not to leave. Oh, here he is, O.I. We will take up item
number 12. Go ahead.
Mr. Richard Whipple: Mr. Mayor, item number 12 is an appeal on an
approval by the Zoning Board. The Zoning Board recommended the granting
waiver of parking for a project. It has subsequently been appealed by
the applicant. The Planning Department recommended against the approval
of the variance initially. Therefore, we would also recommend that
the appeal be upheld substaining the Planning Department's original
recommendation for denial of the item. I believe the people appealing
for the item should come forward.
Mayor Ferre: All right, we are going to hear first from the....
Mr. Sanford Freeman:They are the apaellants here, Mr. Mayor.
Mr. Richard Lyons: My name is Richard Lyons. I represent here Herbert
Simon, who is my partner in this building. I am here on his behalf
today because he was unable for personal reasons to attend this -
Commission. Mr. Mayor, Gentlemen of the Com=ission, let me state
that I have brought here for your consideration some photographs I
took myself outlining the situation that we have before us. Our '
property is located immediately to the west and adjacent to the
Villa Clara store, who is applying for a variance. Their parking
is underground. The entrance to their parking is through an alley �
to the north of Flagler Street. We met with these people prior to
the time that they broke ground to put up this building. We urged them
at that time not to build the building with the present design. Our
main objection is that their people do not use their parking, but
they use our parking lot, in the lower right hand corner of the picture.
Mayor Ferre: Why don't you pass that up to us.
Mr. Lyons: In the lower right hand corner you will see a picture of
our property together with the parking which fronts Flagler Street.
We have two entrances to our parking lot. Their parking is all
underground. Their parking is, as I said, only accessible through
the alley to the rear of Flagler Street. Therefore, their people use
our parking, which has worked a tremendous hardship. We have here
_? today the tenant, our tenants, who are in opposition. I also have a
letter from one of the tenants who was unable to be here expressing
his objectier:s to the granting of this ordinance. I urge the Com—
mission to seriously consider this matter and reject their application
for a variance.
Mr. Sanford Freedman: May I proceed? Mr. Mayor, Members of the Com—
mission, my name is Sanford Freedman. I am the attorney. I am here
on behalf of the Nieman family. The Nieman family is present today.
In addition to being present, they have brought many of their neighbors
from the 19th and Flagler Street area who are all here to express to
this Commission, if I can attempt to summarize their intention, to
express to this Commission the need for Wore store owners and more
sl SEP 2 3 1532
Mt, rreeman (COW T): persons to be in the neighborhood like the Nieman
fdFnily. If I might give you a brief bit of background, first the material
that is presented, I don't even know if it bears need for a response.
The existence of the first structure that was put up was in 1978. There
was adequate parking at that time. At this juncture we are speaking of
six additional parking spaces which are required technically. But
I believe of the agenda this afternoon, item number 24 addresses the
issue of parking in this area. In fact, there was a first reading of
a proposal which indicated that there was in fact an intention on the
part of this Commission to modify the existing situation which perhaps
is a problem for parking. But in order for us to resolve any problem
in the comnunity, I think we have to have a community mindedness, which
is lacking on the part of the owners of the adjacent property. There
isn't a tenant here today on behalf of the adjacent property. I believe
there are twelve tenants. There isn't a tenant that has been forced to
vacate the property because they have not done well. My client has
advertised. He has advertised not his store but 19th and Flagler.
What. I am suggesting is that he should be commended and not treated in
the manner in which we have been treated. I am an attorney. Mr. Lyons
is an attorney. I appeared in his office in an effort to resolve this
matter. I have suggested to Mr. Lyons that they put up a sign, that
they construct a fence if he has a parking problem on his property.
He is suggesting, and he can only suggest, there is no evidence that
it has been of record here today, that because of the parking problem
somehow has something to do with my client. My client has offered his
parking area to the tenants of the Simon/Lyons property, the adjacent
property so that they may go ahead and park their vehicles in the rear
in the parking that was approved at a prior time as appropriate for the
existing structure, that his tenants may use that, and those persons
that are going to come on a transient basis, the consumer, could use
the parking which is available on the front. We all know that it is
a difficult situation on Flagler Street. We are speaking here about
six parking spaces. I think most important we are speaking about a
lack of cooperation, which is really rather astounding in light of
circuTr tances and the benefit that is bestowed upon Mr. Simon and Mr.
Lyons.
Mr. Lyons: May I respond, Gentlemen?
Mr. Freidman: In addition, before, I have letters from some thirty
other persons who were not able to appear in light of the time that
this occurred. I believe that there are thirty or forty people that
are present here today to indicate their attitude of ascent towards
the additional six parking spaces, if I might offer them into the
record for the Commission's review.
Mayor Ferre: Look, we are not going to decide this on the merits
of a motion or how many people clap or boo. We are going to decide
this on the motions of what you say and what Mr. Lyons says. Make
your statement, make your argument. I will give the other side equal
time and then you have rebuttal time and then we are going to vote.
O.K.? Is there anything else you want to add?
Mr. Plu—er: It is the other way around, Maurice.
Mr. Freeman: I believe that I think I have covered most of it.
Mayor Ferre: Now back to the applicant for rebuttal.
Mr. Lyons: Mr. Mayor, and Gentlemen of the Commission, if you will
look for a moment at the photographs which I have supplied you, you
will see that the entrance to their parking is extremely difficult
to negotiate. There is a picture of an automobile going down the
rear parking as it is. You will also note that it is very dark. I
will report to you on personal knowledge that when it rains, it floods
and it is very difficult to park under there. The fact that they may
have offered to allow us to use some of their parking does not solve
the situation. It is like they put us in the position where they put
a guq in our back and say, "Your money or your life." We do not want
29
ne 2 31982
S1
4
MR, Lyons (CON'T)t to be held up for anything! We want to be able
to use out property for out putposes: Counsel suggests that we put
up a fence or that we hire a guard to police our property to keep
theit people off. That is working a hardship on us. They have done
nothing to contribute to the ease of their own parking situation. You
go by their property anytime during business hours and you will find
that their parking is virtually empty because nobody can negotiate
down into their parking lot. Nobody wants to drive around the block
to get into their parking lot. It is a poorly designed building for
which they are eking us suffer. I urge the Commission to reject
their petition for a variance. Thank you very much.
M,r.Freidman: In response to the two points which have been raised,
with respect to the parking that he speaks of on his property, I
believe that the law allows him to tow away any vehicles he thinks
belong to Mr. Nieman's customers. In addition, this morning at 7:00
A.M. in going by that property, his parking lot was full. Mr. Nieman's
store was not open. We are sorry that he has this problem. But I
don't believe that we are anything that is going to add to it. We
are speaking here about a second story which would be used solely
as warehouse space, not for retail space. We don't know that this
will increase the problem that may already exist on the Flagler and
19th Street area. Thank you.
Mayor Ferre: All right, any other statements from either....?
Mr. Lyons: Well, he says he wants to use this for warehouse space only.
There is no guarantee that this will be used for warehouse space only.
If he opens it to retail space, we object t�) it being used at all.
Mayor Ferre: Mr. City Attorney, is there any... if they were to
proffer a voluntary covenant on the property that that space could
only be used for warehouse, is that a legal...would that be a legal
document?
Mr. Terry Percy: If they voluntarily proffered it, yes, sir.
Mr. Plu=er: It is a variance.
Mr. Freeman: Mr. Mayor, I believe that Article ):.iXI of the particular
variance in question, Section 3 thereof, part 1, indicates that this
can be policed conditions and safeguards are in effect in any event....
Mayor Ferre: Could we tie it into the title of the property?
Mr. Percy: you can set whatever conditions you like on this
variance approval, as he is suggesting, yes.
Mayor Ferre: O.I., that was just a legal question. We have the
answer.. Do you want to say anything else?
Mr. Lyons: No, sir.
Mayor Ferre: Do you want to say anything else?
Hr. Freeman: No.
Mayor Ferre: Questions from the members of the Commission?
'Ir. Carollo: Let me make sure that I understand this now. They are
asking for a waiver of six parking spaces. That is all?
Mr. Freeman: That is correct.
Mr. Carollo; And the space in the second floor is going to he used
only for the purpose of storage.
Mr, Freeman: Warehouse space, yes, that is correct.
30
al
SEP 2 31982
Mayor >+ette: Now are you volunteering...this has to be voluntary on
your part...are you volunteering that you are willing to put a legal
instrument that says that this would only be used for warehouse
purposes?
Mr. Freeman: My client has indicated that he has a willingness to do
that.
Mayor Ferre: Is that acceptable legally in form?
Mr. Perez: You don't plan to establish any store on the second floor?
Mr. Freeman: No, it is our intention to use it only for warehouse
space. I believe also....
Mr. Perez: Just a typical warehouse.
Mr. Freeman: For the record, we are making a dedication of five feet,
which have not been made on record as of this date.
Mayor Ferre: Are there any members of the public that feel they must
speak? I think both sides have been adequately covered, by these
attorneys. I think you have adequately covered both sides of the issue.
Are there any questions from the Members of the Commission?
Mr. Carollo: Mr. Mayor, this time I am ready to make a motion.
Mayor Ferre: All right, sir.
Mr. Carollo: I would like to make a motion that we approve the request
they made....
Mayor Ferre: Subject to the legal....
Mr. Carollo: ....subject to the legal interpretation that he has
given to the second floor that he would only use it for storage.
Mr. Perez: I second that motion.
Mr. Lyons: Is that with the covenant?
Mayor Ferre: Is there further discussion? Sir?
Mr. Lyons: That is with the covenant?
Mr. Carollo: With the covenant.
Mayor Ferre: With a covenant.
Mr. Carollo: That is correct.
Mayor Ferre: With a voluntary covenant.
Mr. Perez: With a voluntary covenant.
Mr. Freeman: I believe, although my client is willing to accept the
covenant, I believe that the variance could be revoked.
Mayor Ferre: No, sir. The only way that this Commission is going to
vote on this is if you proffer the covenant.
Mr. Freeman: O.K., my client will go with the covenant, then.
Mayor Ferre: Otherwise, there is no other real guarantee. With a
voluntary covenant, that is different. Further discussion?
Mr. Plummer; Well, it is understood that if at any time you are taught
using that second floor for retail or other than for storage, you Ipse
it, Do you understand that?
3
SEP 2 31982
Uhidentified Speaker: You have my fwdfd� which is better than by
signature, sir.
Mayor Ferre: O,K, We accept that, but the covenant does not butt,
Further discussion? Call the roll., please,
The following notion was introduced by Commissioner Carollos Vhb mavtd
its adoption.
MOTION 82-871
A MOTION DENYING AIN APPEAL MADE BY HERBERT LEE SIMON
OF A VARIANCE GRANTED BY THE ZONING BOARD TO PERMIT
A SECOND FLOOR STORAGE ADDITION TO A BUILDING LOCATED
AT 1951 W. FLAGLER ST.; AND STIPULATING THAT THE
VOLUNTARY COVENANT OFFERED BY APPLICANT BE ACCEPTED
WHICH COVENANT STIPLI.ATES THAT SAID SECOND FLOOR
ADDITION SHALL BE USED FOR STORAGE PURPOSES ONLY.
Upon being seconded by Commissioner Perez, the motion was passed amid
adopted by the following vote:
AYES: COmmiSSiCZter J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner :filler J. Dawkins
Vice Mayor Joe Carollo
Mavor Maurice Ferre
NOES: None.
ABSENT: None.
17. BRIEF DISCUSSION r-vrD TE:-iPORARY DEFERRAL: CONSIDERATION OF
CHANGE OF ZONING AT 3500 N.W. 22A'D AVENUE. (See label No. 19)
Mayor Ferre: Mr. Sorg, would you forgive me because there is a lady
here who has an emergency. She has to take a plane. This is a non-
controversial agenda item 4. I think it is a non -controversial item.
This is an applicant by McDonald's Corporation to change the zoning.
This item was passed on first reading. Are there any objectors to
item 4? all right, is Beth Spiegel? Is anybody here as an objector
to item 4?
Mr. Plummer: Yes, me. We have not received from the applicant the
voluntary profer of landscaping.
Ms. Spiegel: You have not'. I am sorry. I thought it had been given.
Mr. Plummer: Well, one department is telling me maybe. One department
is tolling me no.
Mayor Ferre: Maybe means no, and no means yes.
Mr. Terry Percy: They have submitted a covenant that provides for
three things: that the property be limited and restricted to for
parking in conjuction with the McDonald facility; that the site plan,
which has been approved, which provides for landscaping....
Mr. Plummer: Not the landscaping on their property. That is not Ohat
we are talking about.
Mr. Percy; I am just indicating what the euvenant provides,
32
A SEP 2 31982
J a
Mayor Pette t Go ahead.
Mt, Percy! 46.:and that it will implement and maintain in accotdafide
With the site plan approved dated March 19, 19811 including a five
foot landscaped area contiguous to it and running the length of that
six foot block wall.
Mayor Ferre: And, and?
Mr. Percy: That's it.
Mayor Ferre: Well, as I remember they had also Volunteered some Plumter
trees, right?
Mr. Carollo: There were trees volunteered...did they leave enough footage
between their property and the property next door also like we requested?
They left that?
Mr. Plummer: That's in the covenant.
Mayor Ferre: They have everything in as I recall, but the black olives.
How many black olives?
Mr. Plummer: One hundred.
Mr. Carollo: Or oaks, they could trade for oaks.
Mayor Ferre: That was part of the conditions that McDonald had volunteered.
Mr. Plummer: Mr. Mayor, let me tell you, I'm not hard to get along with.
We will just make it subject to getting their building permit.
Mayor Ferre: You cannot do that, Plummer, legally. And I would not
set that precedent.
Mr. Plummer: O.K., I'm hard to get along with.
Mayor Ferre: Well, I could have told you that.
Mr. Dawkins: Move that it is deferred until they come up with the proffer.
Mayor Ferre: There is a motion on the floor.
Mr. Carollo: Would it cost any great hardship until the...when is our
next meeting? The fourth, or seventh?
Mayor Ferre: In October.
Mr. Carollo: October the what, 7th?
Mayor Ferre: 28th.
Mr. Carollo: September... I'm just talking about our next regular meeting
so that we can approve it.
Mayor Ferre: Your people are properly warned.
Ms. Spiegel: If I understand correctly, what you want is a map that
would show the trees that we are going to....
Mr. Carollo: No, no, no, no, no.
Mayor Ferre: No, ma'am. You have covered everything except that your
people had proffered 100 major trees, olive trees, oak trees' or
whatever.
Ms. Spiegel: Right.
sl SEP 2 3 1982
Mayot Fette: They call them plummet trees atouhd here, That is tint
patt of it. If you want it included, then that solves the problem.
You won't have to come back on the 28th.
Ms. Spiegel: Perhaps you can move to another item and let me cotifet
with them. I thought, what I thought had been submitted....
Mayor Ferre: I thought you had an airplane to catch.
Ms. Spiegel: I do. I will have one very upset family when I am tint
home for the holidays.
Mayor Ferre: All right, we will come back.
AT THIS POINT THIS DISCUSSION IS MOMENTARILY DEFERRED.
THEREUPON, the Chair TZHPORARILY ADJOURNED THE
Planning and Zoning PORTION OF THE AGENDA, AND PROCEEDED TO
TAKE UP ITEMS BELONGING TO THE Regular PORTION OF THE
Planning and Zoning AGENDA.
18. PERSONAL APPEARANCE: STUART SORG REGARDING REC=IENDATIONS OF
THE WATERFRONT BOARD IN CONNECTION WITH THE BERTHING OF VESSEL
ETC.
Mayor Ferre: Stuart Sorg, go ahead. This is item 26 and we have
the Admiral's representative here. I thank you very much. I don't
know what four stipes mean in the Navy, so is it Commander?
Mr. Stuart Sorg: Captain.
Mayor Ferre: Captain, I apologize for not having the right rank.
Mr. Sorg: We have three quick items. Do you want to take....
Mayor Ferre: Commander Sorg, right?
Mr. Sorg: Yes, sir, he outranks me. Stuart Sorg, Chairman of the
City of Miami Waterfront Board. Very quickly, Mr. Mayor, Members of
the Commission, Mr. Manager, we would like to get your approval on
two alternate members to the City of Miami Waterfront Board until
we can present you a request for a full board. We have four vacancies.
But we -desperately need two alternate vacancies filled for four months.
We have given those to you right there. Mr. Bob Rich, Jr., Mr. Hines.
According to the Waterfront Board, the Chairman has the position to
recommend to the Commission alternate members. We just need them for
four or five months until we can fill the vacancies at the regular
meeting in April.
Mayor Ferre: Now, these are who?
Mr. Sorg: You have them on a letter, Mr. Hines and Mr. Bob Rich, Jr.
"Mayor Ferre: I thought Bob Rich was a comedian.
Mr. Sorg: tao, sir. He may be.
Mr. Dawkins: How many members are on this board?
Mr. Sorg: We have nine. We have four vacancies now. But we Reed to
put two alternates on just to get us up to April, so we'll have seven
to operate with until then. Then we will. restructure,
34
sl 8EP 2 3198'4
Mt, Dawkins! So you have four,
Mt, Sorg: We will fill four vacancies in April,
Mt, Carollo: Can you go over the names of the people in the d6mittee
how, Stuart?
Mt. Sorg: But right here?
Mr, Carollo: The names of the nine members that you have presently,
Mr. Sorg: We only have five right now.
Mr, Dawkins: Who are they?
Mr. Sorg: Myself, Rick Preston, Fred what's his name, Mitiam Maer,
John Brennan. Fred, from Dinner Key....
Mr. Dawkins: My problem is how many of them are Black?
Mr. Sorg: We have lost our Black member.
Mr. Dawkins: How long did you have him before you lost him? How long
did you have it before you lost it?
Mr. Sorg: We lost Laura O'Brien when her term expired in April.
Mr. Dawkins: So it has taken you a whole year to put another Black on.
Mr. Sorg: No, sir. We have not come to the Commission yet to restructure
the board.
Mr. Dawkins: But you come here all of a sudden. It is so important
for these three. It should have been important to replace her, Stuart.
Mr. Sorg: I'd like to put Laura back on temporarily also, if we could
do that.
Mr. Dawkins: That is not my concern.
Mr. Sorg: What we are trying to find is a way to strengthen the board
geographically. We have one from the....
Mr. Dawkins: All right, I will tell you what you do. You give me a
Black in this recommendation, and I will go for it (out of these three).
Mr. Carollo: How many....
Mayor Ferre: Wait, wait, wait. What Miller says not only makes sense,
but we really have to start being sensitive to these things. Now,
Stuart, Laura O'Brien served on that board....
Mr. Sorg: For three years.
Mayor Ferre: ....for three years. Did she get off voluntarily or
did her term expire?
Mr. Sorg: Her term expired.
Mayor Ferre: Why wouldn't you write? Does she want to serve?
Mr. Sorg: She probably does, but we are going to recommend to you
In October the request for new board members anyway.
Mr. Dawkins: Why did you not recommend Laura O'Brien here?
Mr. Carollo; Because the great white hope of the northeast rants
to recommend some of her people, Grace.
35
$l
CEP 2 31982
Mr, song: ashy don't u'd just put her back of Utitil, , , ,
Mr, Oetollo: Grace,
Mt. Sorg: Would that be All right?
Mr. Plummer: Saving grace.
Mr. Carollo: How many Hispanics do you have in the d6 itteej StUAttl
Mr, Sorg! We do not have any right now.
Mr: Carollo: They do not like the water either?
Mr. Sorg: I tell you what....
Mr, Carollo: O.K. I'll tell you what....
Mr. Sorg: Just give us two alternates. We will come back in October
requesting the four vacancies.
Mr. Carollo: I'll tell you what. One alternate is going to be a Black
that is going to be appointed. The other is going to be a Hispanic.
It is going to be a Cuban -American Hispanic.
Mr. Sorg: Sure.
Mr. Carollo: The individual that you have here with the last name of
Hernandez is not Hispanic. That is from her husband's side. So, we
will recommend to the Commission a couple of names, hopefully before
the meeting is over.
Mr. Sorg: Oh, great!
Mr. Carollo: Then you will get two additional people, right Stuart?
Mr. Sorg: That will be fine.
Mr. Carollo: We appreciate all the work you have been doing in this
and some of the other stuff.
Mr. Sorg: Thank you, sir. The next issue is the names of the committee
members for the feasibility study for the Miami Marine Stadium. Commissioner
Dawkins, we do have two Blacks on that which have come down from Ron
Frazier. We are representing the Miami -Dade Chamber, the Biscayne
Yacht Club, Dade County, the Investment Committee of Little Havana
Development Authority, Commissioner Plummer, the Latin Chamber, the
Interamerican Chamber, the City of Miami Waterfront Board, again the
Miami -Dade Chamber, Coconut Grove Development Authority, Commissioner
Perez, Belle Meade Homeowners, Marine Council of the Greater Miami
Chamber, and the Marine Council again. This is the Blue Ribbon Committee
for the feasibility study on the Miami Marine Stadium.
Mr. Carollo: How rany people are we going to have in that committee?
Mr. Sorg: We have 15.
Mr. Carollo: There are 15 people?
Mr. Sorg: Yes, sir. That was in your packet.
Mr. Carollo: There is going to be one person from all the different
committees and groups you mentioned?
Mr. Sorg: You all have that in a packet someplace, all tiro names of
the committee members.
Mr. Carollo: I am trying to look at it. Let's see it i can find
it here somewhere.
36
SEP 2 31982
.
0
Mr: Sotg! I sent that to you this week.
Ott. Carollo: Stuart, I'm sorry, I don't seem to find it6 Cdti y6u, s i
Mayor Ferre: This is the Blue Ribbon Committee?
INAUDIBLE BACKGROUND COKXENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Carollo: Is Plummer going to be the Chairman of that over there?
INAUDIBLE BACKGROUND COMt[ENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: What is it you want us to do? To approve these? I see*
thank you.
Mr. Carollo: Can I see it real quick, please? Thank vou. We, urfo"ttn tely,
did not receive this, Stuart.
Mayor Ferre: What else do you have, Mr. Sorg?
Mr. Sorg: The next thing, before we get into the other issue is the
Bicentennial Park. We have just received word again from the Navy that
they are willing to bring vessels in here. We need to move on this
issue. We are talking about literally millions of dollars in potential
revenue and publicity.
Mayor Ferre: Mr. Sorg, that is like motherhood. We are all for it.
Mr. Sorg: The only thing I want, Mayor Ferre, is I want....
Mayor Ferre: What is the problem?
Mr. Sorg: I want to sit down with the Manager and work this out so
that we can get the dredging done. That is critical.
Mayor Ferre: Howard, from a practical point of view, you do not have
the time to meet on this thing. So why don't you assign it to somebody
so that we can get a little bit of movement on this. Can Vince or
Cesar or somebody: take this on?
Mr. Sorg: Dredging is the only issue that we have.
Mr. Dawkins: The dredging is how much .money?
Mr. Sorg: That's what we need...we need to go to bid on the dredging.
I'm not sure what that is going to be; probably $100,000.
Mr. Carollo: You say dredging for....
Mr. Sorg: Maintenance dredging at Bicentennial Park.
Mayor Ferre: You know, you have Marilyn Reed. You just said the key
word. She just woke up.
Mr. Sorg: According to the NOA Charts it is supposed to be 30 feet
deep at Bicentennial Park and it is not. All the silt backs up every
time you turn those vessels around.
Mayor Ferre: Look, Stuart, it is a great idea. The port area is an
area where I don't think you will have too much problems, I don't
think from an ecological point of view. But I think we need to start
formalizing this. The Navy is not going to bring any ships down here
unless they can dock the ships.
Mr. Sorg: For the first time in history they have agreed to come on
a regular basis. That is very important to us.
51 SEP 2 31982
Maybt Ferte: t ow do we take the tidxt ste0?
Mr. Sorg: That is why I am here. What can I do h6W. t tip ready
to go and move forward with it.
Mayor Ferre: Howard, what do we do nowt?
Mt. Gary: I'll have Vince Grimm, from my staff, work with hits.
Mayor Ferre: What is the next thing?
Mt. Sorg: The next thing, sometime ago, the Waterfront Board took a
trip up the Miami River. That was last year. This year again the
Coast Guard called and asked if we would join them in a trip up the
Miami River, at which time we did. Following that visit up the river,
it became apparent to a number of people that some sort of administration
should be necessary as far as a billion dollar industry is concerned
of shipping trade and commerce on that river.
What I have done is I have put together a Miami Harbor River
Administration for the purpose of putting in place some type of
administration that would help us oversee activity on the river. Let
me just read a couple of the things that I think are pertinent on this.
First of all, we have to begin to think about regulating docking and
berthing at Bicentennial Park when that comes in, so this person would
be doing that. We will eventually have waterboard transportation, not
only in buses, but small vessels moving up. Somebody has to regulate
that. Prepare hurricane evcuation plans. That has to be kept enforced.
Mayor Ferre: Coast Guard.
Mr. Sorg: No, they do not do that. What I have is a representative
from the Coast Guard here today who recommended that we form this plan
in the beginning. There is no coordinating agency for all the agencies
that operate on that river.
Mayor Ferre: Stuart, let me ask you something. Obviously there is a
very dramatic situation going on now. A ship full of toxic acid has
turned over and sunk in the Miami River, creating a tremendous potential
health hazard.
Mr. Sorg: That's right.
Mayor Ferre: Who is responsible for that?
Mr. Sorg: nobody has responsibility for it.
Mayor Ferre: Does the Coast Guard have responsibility?
Mr. Sorg: Only for the safety. The Captain is right here. They are
not responsible for dredging it.
Mayor Ferre: I need to know who has...I mean, there must be some
governmental agency that has something to do with this.
Mr. Sorg: There isn't anyone to go down and take charge. That is
what is needed: a type of administration that would handle all types
of emergencies such as that.
Mayor Ferre: Well, I don't know that we need to do it through the
creation of an authority.
Mr. Sorg: No, this is just an administration. The recommendation is
that it be a lay group that the City Manager and I get together and
come back with a proposal in October of a type of organization.,..
Mr. Dawkins: Stuart, let me ask you a question.
Kr. Sorg: Yes, sir.
SEP2319"
0
Mr. Dawkins: You say that vith that ship itt the hatbot, it is tiob6dy18
fespbfisibility?
Mt, Sorg: No one is down there now with a full responsibility of
making sure that vessel gets off the bottom or what happens to it.
Mr. Dawkins: Why?
Mr, Sorg: Because there is no....
Mayor Ferre: That's not so. Wait, wait....
Mr. Dawkins: If you go out to sea and you pump out the bilges and you
pollute that area as you are turning going north with a tanker, U.S.
Coast Guard would find out what ship it came from and they would make
them pay.
Mayor Ferre: And the U.S. Corps of Engineers.
Mr. Sorg: Pollution...but if a vessel sinks in the bottom of the river,
who is going to assume that responsibility?
Mayor Ferre: The U.S. Corps of Engineers. That is a navigable river.
Under an act of Congress during the war ... and I know this well because
I have been through this before, says that the U.S. Corps of Engineers
has the authority and the responsibility to keep all navigable ways
navigable. So it is the U.S. Corps of Engineers. Am I wrong about
that?
Mr. Sorg: But who brings the money down to do the job?
Mayor Ferre: The U.S. Corps....
Mr. Sorg: They don't do that.
Mayor Ferre: The United States Corps of Engineers.
Mr. Sorg: They are not going to do that, Mayor Ferre. Let's get the
Captain up here and ask him. He's the man right there.
Mayor Ferre: Captain. I tell you, I think that we were criticized,
and I think justifiably so in the newspaper the other day. I think
it was in Neiahbors. For the City of Miami, and Dade County, and the
State, and nobody really properly worrying about that river. Perhaps
_ it might be time. But I think we need to do it, in my opinion, Mr.
Manager, administratively rather than creating any more authorities.
Mr. Sorg: That is what this proposal is.
Mayor Ferre: Captain.
Captain Sandy Tanner: Thank you, your Honor, I am Captain Sandy Tanner,
Chief of the Marine Safety Division on the Admiral's staff. As you
stated, yes, the Corps of Engineers is responsible to keep the river
open to derelicts that obstruct navigation. They would have the owner
remove it. If he did not, they would remove it themselves and bill
the owner or take the vessel.
As far as the oil that comes out of the vessel, or the obstruction
to it, the Captain on port is down there and he is responsible. He's
been on sea ever since....
Mayor Ferre: Captain of what port?
Captain Tanner: The Captain of the Port of Miami, Ccmmander Roussel.
Mayor Ferre: I see, so in other words, it is Dade County who has the...
Captain Tanner; No, he is Coast Guard Commander,
35
sl
9EP 2 31982
Maydt Fdtte! Ohl I see.
Captain Tanner: That's cottect.
Mayor Ferre: Does the Dade County Seaport have anything to do with the
river? They have no legal authority over the river.
Mr. Sorg: They are part. They oversee. But they are not overseeing
to this extent. This is the City's part. The Corps of Engineers,
Mayor Ferre, has the responsibility but they would not be down here
in 20 minutes to move that boat out of the river. I can tell you.
They have to derive the funds from someplace to do that.
Captain Tanner: If they don't have the equipment, they would have to
get some commercial equipment. As I said, they would either pay them
and then go after the vessel or the owner. Or have the vessel's owner
pay them directly.
Mayor Ferre: Mr. Manager, it seems to me that the Miami River has a
tremendous economic importance to this City. Although I do think that
Metropolitan Dade County does have some responsibility, I think what's
been happening over the years is that we are playing one of these
games where "you do it," "no, you do it," and nobody does it.
Mr. Sorg: That's exactly right.
Mayor Ferre: I think perhaps in the typical City of Miami fashion, even
though the morning newspaper does not recognize it, we had better just
assume the responsibility and get on with it. So I think what we need
to do is ask you, sir, to come back and I don't think you can do it by
October but certainly by November, to come back with a specific recommendation
as to how we deal with the whole problem of the river. We do have a
Waterfront Board. I would hope by then it will be fully constituted
and representative. We ought to be dealing also with the Water Board.
Mr. Gary: I have a temporary solution, Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: That is that we make Stuart Sorg a committee of one for two
days and have him dive and get those dangerous chemicals from the bottom
of that ship.
Mr. Sorg: Thank you, Mr. Manager.
Mr. Carollo: I would make that motion only if he takes the Manager with
him.
Mr. Sorg: Let me say if our good Mayor is certified, we'll take him also
Mayor Ferre: I'm not certified yet. But as I understand it now, the
Manager, you and Chief Harms and going to go and voluntarily do this.
Mr. Gary: Joe Carollo is going to take us out on his boat.
Mr. Carollo: I'll be in charge of holding the life jackets.
Mayor Ferre: Fe will be in charge of the life support systems up on
top. Anything else?
Mr. Sorg: Let me just ask, it is my understanding that you want the
Manager and me to come back to the November meeting with an association
or an administrative recommendation?
.Mayor Ferre: We now have two groups that are involved. Obviously the
Waterfront Board has some responsibility.
Mt. Sorg: They have endorsed this administration,
W1
SEP 2 31982
sl
MAydt Fdtre: Secdfidlyt we how have Mr. block and his group of citizens
that ate involved with the rivet, Mr, Block, do you want to tell us
sotething?
Mr. Sorg: Let me just..,before David speaks. David and I are good
friends and I respect him. This administration would work with every
single group, including the Marine Council. We are not omitting people,
Mayor Ferre: All right.
Mr. David Block: Stuart and I are good friends. Stuart was one of the
original members of the Miami River Revival Committee. Several members
of the committee are here today including Fazier Knight who is President
of the Marine Council, which represents some 300 organizations connected
with the local marine community and virtually every business on the
Miami River. Dick Briggs is the Executive Director. Alex Balph, who
is an old timer on the river; and Plato Cox was going to be here
but he is in the hospital, he represents the shipping interest. Jimmy
Merrill of Merrill Stevens, :9aril-m Reed, an environmentalist, Bob
Rich of Rich Electronics on the River who is head of the Miami River
Committee on the Marine Council, and we have authority to represent
the Propeller Club, Randon vott of Belcher Marine. who
represent all the Belcher interests on the River."
We speak with one voice when we say that we have nine agencies,
which now administer some portion of that river. There is a great
deal of overlap. There are something like nine agencies, possibly even
more we don't know about, that overlapping jurisdictions on the Miami
River, including the County, the City, the State, the Federal Government.
There are all sorts of laws on the books. Ghat we really don't need
is a tenth. What we really need is the City of Miami and the citizens
of the river and the citizens this community and of this State to get
together and do things like we have started to do.
The Miami River Revival Parade was only started one month before
last week -end. It was a fantastic success beyond our wildest expectations.
The national press was substantial; very much in favor of it. You are
not going to prevent in a river which is the busiest commercial river
in America mile for mile, you are not going to prevent an occasional
negligent accident. 'What you can do is when that accident occurs, act
quickly. We have the Coast Guard involved with us. We have the Marine
Patrol. We have a new City of Miami Marine Patrol, which is very much
involved with the committee. we need to more closely monitor the river,
which has already begun to clean up. It is better than it was three
years ago. Now that we have a concerted effort of the whole community
on this committee and the Marine Council is very active again, then
we need to continue with our efforts instead of throwing up a road
block. What it is going to do is create divisiveness if the people
on the river, whom are independent souls feel like another bureaucracy
is going to come along and just do things bureaucratic.
They want to work with the City.
Mayor Ferre: David, we are not going to be deciding that today. In
November the Manager and I would recommend that you meet. I don't
know who the Manager's...who is it you are appointing to this? Did
you say Vince Gri..r..?
Mr. Gary; No, Vince is for the dredging.
Mr. Block By the way, the people on the river are voluntarily dredging
the river right now.
Mayor Ferre: Hold on.
Mr. Gary: I'm not sure, right now, Mr. Mayor, but I will have a decision
for you.
Mayor Ferre: Well, the Manager is going to appoint somebody responsible
and then you will be working. I would ask, Mr. Manager, that person
talk to both Mr. Block and Mr. Sorg and to all of these interested
parties here. is there anything else, Mr. Block, because we need to
wove along, We are late,
41 �7ccEP 4 31982
sl
Mr, 916dks No$ site thank you very much
Mayor Petre: Mr. Sorg, do you have anything else?
Mr. Sorg: No, air, thank you very much.
THEREUPON, the Chair TEMPORARILY ADJOURNED THE
Regular PORTION OF THE AGENDA, AND PROCEEDED TO
TAKE UP ITDIS BELONGING TO THE Planning and Zoning PORTION OF THE
AGENDA.
19. (Continued Discussion): SECOND READING ORDINANCE: CHANGE
ZONING CLASSIFICATION FROM R-3 TO C-4; LOCATION: 3500 N.W. 22n
AVENUE (See Label No, 17)
Mayor Ferre: Now, we have Ms. Spiegel to catch an airplane. Ms.
Spiegel. Quickly now because a lot of people are waiting.
Ms. Spiegel: I have spoken to my client. There is just a misunderstanding.
_ We would be very happy to proffer the 100 trees and to proffer a deed of
restriction that would go maintaining the 100 trees. We will get it
down to you very shortly.
Mayor Ferre: What do you need from us at this stage of the game, Mr.
City Attorney?
Mr. Plummer: I move the item.
Mayor Ferre: Item 4 has now been moved. Is there a second?
Mr. Perez: I second.
Mayor Ferre: It has been moved with the proper covenants and conditions.
Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
AS AMENDED, THE COMPREHENSIVE ZONING OR-
DINANCE FOR THE CITY OF MIAMI, BY CHANGING
THE ZONING CLASSIFICATION OF LOTS 25, 26,
AND 27, BLOCK 1; HOLLDW; MANOR (10-30)
SUBDIVISION, BEING APPROXLMATELY 3500 NORTH-
WEST 22ND AVENUE, FRCM R-3 (LOW DENSITY
MULTIPLE DWELLING) TO C-4 (GENERAL COM-
MERCIAL.): AND BY MAKING ALL THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP MADE
A PART OF SAID ORDINANCE NO. 6871, BY
REFERENCE A)M DESCRIPTION IN ARTICLE III,
SECTION 2, THEREOF, BY REPEALING ALL OR-
DINANCES, CODE SECTIONS OR PARTS THEREOF
IN CONFLICT AND CCNTAINING A SEI'ERABILITY CLAUSE.
Passed on its first reading by title at the meeting of.July 294 19829
3t was taken up for its second and final reading by title and adoption,
On motion of Commissioner Pli er, 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. Plu=er, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner :filler J. Dawkins
Mayor Maurice A. Ferre
i
96ES, Hate,
ABSENT: Vice Mayor Joe Catoilo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9492
The City Attorney read the ordinance into the public ietotd and
announced that copies were available to the members of -the City
Commission and to the public.
20. PERSONAL APPEARANCE: MARTIN FINE CONCERSING WAIVING OF ZONING
APPLICATION FEE - LOCATION: BAY POINT
Mayor Ferro: All right, next item. Mr. Fine, you say you have a
problem too? If it is not controversial we will take it up. All
right, hurry up.
Mr. Martin Fine: Martin Fine, 2401 Douglas Road.
Mayor Ferro: What item?
Mr. Fine: 22.
Mayor Ferre: All right.
Mr. Fine: The problem is that this property is under construction
under a previously approved P.A.D. It was not the subject matter of
any litigation. But there has been litigation in other parts of town
where that has been declared unconstitutional. We want to file an
application for some variances to be able to carry out what we would
like to, but don't think it is appropriate or right that we should
have to pay any application fee. We paid $20,000 last time.
Mayor Ferro: Let me understand this properly. Your client has already
made an application. You paid your fee.
Mr. Fine: Yes.
Mayor Ferre: And now you are back....
Mr. Fine: Because we are under construction and....
Mayor Ferre: Why do you have to pay again?
Mr. Fine: Because six months after we started construction in another
case....
Mayor Ferre: The what?
Mr. Fine: ....the P.A.A. ordinance was declared unconstitutional.
Mayor Ferre: Oh.
Mr. Fine: We don't want any problems at a late date so we are going
to code back in for a variance, but don't think it is right we should
have to pay an application fee again.
Mayor Ferre: Mr. Manager, what is your recommendation?
Mr. Gary: It appears as though this is a legal issue, not the kind to....
Mayor Ferre: Mr. City ,attorney, what +s your recommendation on this?
SEP 2 3 1982
Mf, Pihe: ray 1 just mention, please, there is precedent fof this:
Y6u have done it before in cases where the waterfront set back has
been involved where people have come in, is that correct?
Mayor Ferre: I remember that. Yes, sir.
Mr. Plummer: Well, the question I want to ask is, Mr. City Att6 ridgy,
are we going to appeal that ruling?
Mr. Terry Percy: We are actively appealing that decision tight now;
Commissioner. In regard to the....
Mayor Ferret Wait, wait, wait, if we win....
Mr. Plummer: It is all over.
Mayor Ferret Then we do not have a problem.
Mr. Percy: That is correct.
Mayor Ferret But if we lose, what Mr. Fine is saying is it is not
fair through no fault of his to make him have to pay twice for a
building permit.
Mr. Plummer: Was there any action by the court that says on those
cases now that were the subject of the litigation that they could
not be issued a C.O.
Mr. Percy: No, the developer will proceed at his own risk, and they
don't want aparently take that chance.
Mayor Ferret So what is your reco=endation?
Mr. Percy: I think that if the Cor:mission is disposed to grant relief
in this area it has to be uniform and it has to be done pursuant to
ordinance. This is an ordinance that establishes the fee waiver
process.
Mayor Ferret Of course.
Mr. Percy: We discussed this once. I believe the Law Department's
reconendation would be that the cost cf the fees initially are
related to the administrative cost of processing the application.
Since the application would be resubmitted, it would not be as
burdensome and as lengthy as the initial process. Therefore, a
reduction in fees would be a consideration.
Mayor Ferre: All right, would you come back with a specific recommendation,
put it on the agenda, and we will deal with it in a formal way in an
ordinance.
Mr. Fine: Let me just say this so that we all understand one another.
In say► opinion the City has a tremendous amount of potential liability.,
I am not here just to save some fees. We are here to save fees, but
time is marching on. If we have to wait For a whole review of this
ordinance, say in October or November....
Mr. Gary: We do it in an emergency basis.
Mr. Dawkins: But you want us to assume a cost, Mr. Fine, that you
don't want to assume. See, somebody is going to lose money.
Mr. Fine: No, no, no. Mr. Dawkins, I don't think that I have explained
it right.
Mr. Dawkins: O-R., go ahead,
sI SEP 2 31982
I
S1
Mr. pine: We have paid all the feed that 68tzeb6dy said we should pay,
Mr. Dawkins: Yes,
Mt. Fine: Along comes the court and says that the otdinance that
the City has is not valid.
Mr. Dawkins: Right.
Mr. Fine: We are willing to come back and say even though we do not
agree with that decision, we would like to go through the variance
process.
Mr. Dawkins: Right.
Mr. Fine: Now, if we come back and say we have to pay some minimal
administrative fee, like 10% of what it would have been, that is
fine, or 15%. We don't think we should pay anything, but I am
concerned about time. Now, when could we come back is what I am
asking.
Mr. Dawkins: O.K., O.K., I'm with you, Mr. Fine, I hear you.
Mr. Plummer: Wait a minute. What is our potential liability for your
even coming here asking? In other words, is that not an admission
on our part that there is some potential...I think as long as we are
in litigation....
Mr. Fine: No, no, we are not in our property in any litigation at
all.
Mr. Plummer: But we are, the City, we are on appeal. I don't think
that we should be....
Mayor Ferre: But that is not accepting....
Mr. Gary: No, no, he is now requesting, if I may, he is now requesting
instead of taking road A to get permission to build his building. He
now wants to take road B.
Mr. Fine: Exactly.
Mr. Gary: O.K.?
Mayor Ferre: Though he does not want to pay the fee.
Mr. Gary: But he said now I need a road to go down. I paid for road
A. I now want you to allow me to use the same money to be on road B,
and not be charged again. What we are saying to you is that is fair.
What we are saying is, however, that it has to be done by ordinance.
However, he should pay a nominal fee for administrative costs so he
will not set a precedent....
Mr. Fine: We are in accordance....
Mr. Gary: But the third thing is, it can be brought up at the neat
City Co=ssion Meeting on an emergency basis.
Mr. Plummer: Fine.
Mayor Ferre: O.K.
Mr. Fine: UUt date is that, please?
4
3EA 2 31904
a1,
MAyor xerre: That is the 14th of October,
Mr, Gary: Or we can decide to keep charging the sane amount and consider
it impact fee.
Mr. Fine: Whatever, whatever they want to do. We don't have problems.
Mayor Ferre: Mr. Manager, do you have any problems with any of this?
Mr. Gary: No, sir.
Mayor Ferre: Do you have Any problems with it, Terry? OiX., we are
all set then.
Mr. Dawkins: O.K., we will see you on the 14th, Mr. Fine.
21. SF.CO TD READING ORDI,-A14C.^.: C%X11G 20i7LiG CLASSIFICATIO:? FROM
R-2 TO C-5 - LOCATION: 3200 :10RTI: MIAMI AVMTU:.
Mayor Ferre: We are now on item number 1. Take up item number 1 on
second reading.
Mr. Plummer: Move it.
Mayor Ferre: Is there anybody here as an opponent? Does anybody wish
to speak on this item?
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Second by Perez. Further discussion?
Mr. Percy: What item?
Mr. Plummer: One.
Mayor Ferre: Item number 1. Call the roll.
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MLAMI, BY CHANGING THE ZONING
CLASSIFICATION OF TILUNCTS 1 AND 2 LESS THE
EASTERLY 117.5' TH'R.EOF; TENTATIVE PLAT NO.
1124-B "A.C. SUBDIVISION"; BEING APPROXIMATETTLY
3200 NORTH MI.AMI AIT iTEE, FZ M R-2 (TWO FAMILY
DWELLING) TO C-5 (LIBERAL CC.MERCIAL); AND BY
.WLNG THE NECESSjuRy CHANGES IN TEE ZONING
DISTRICT MAP MADE A PART OF SAID ORDINANCE
No. 6871, BY REFER—ENCE AND DESCRIPTION IN
ARTICLE 8, SECTION 2, 7 cREOF, BY REPEALING
ALL ORDINANCES, CODE SECTICNS, OR PARTS
THEREOF IN CONFLTC;T A2iD CONTAINING A
SEVER.BILITY ;LAT;SE.
`6 SEP 2 319E
0
sl
Passed ot% its first reading by title at the fleeting of July 29, 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
+has 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 Miller J. Dawkins
Mayor Maurice A. Ferre
NOES., None.
ABSENT: Vice Mayor Joe Carollo
SAID OREINANCE WAS DESIGNATED ORDINANCE NO. 549S
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
22. SECOND READING, ORDINANCE: CHANGE ZONING CLASSIFICATION FROM R-3
TO R-5 - LOCATION: 1471 N.W. 17th STREET.
Mayor Ferre: Tale up item number 2.
Mr. Plummer: Move it.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Second by Perez. Further discussion? Is there anybody
who wishes to speak to this? Read the ordinance.
AN ORDI`A:;CE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY CHANGING THE ZONING
CLASSIFICATION OF LOTS 35 THROUGH 40, BLOCK 4;
BRADDOCK'S SUB NO. 4 (3-63): BEING APPROXIMATELY
1471 NORTHVEST 17TH STREET, FROM R-3
(LOW DENSITY MULTIPLE) TO R-5 (HIGH DENSITY
MULTIPLE), AND BY MAKING ALL THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP MADE A PART
OF SAID ORDINANCE NO. 6871 BY REFERENCE AND
DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF;
BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR
PARTS THEREOF Iy CONFLICT, AND CONTAINING A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of July 29, 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:
7 SEP 2 31982
Cd tmissioner J. I.: Plummer] Jr,
Gotianiissioner Demetrio Perez, ,fir,
6=issioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice Mayor Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9494
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.
23. SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION FROM R-4
R-CC AND C-2 TO "SPD-6" - AREAS OF S.W. 27th AVENUE AND S.W.
28TH TERRACE
Mayor Ferre: Take up item 3.
Mr. Perez: Move it.
Mayor Ferre: Moved by Commissioner Perez. Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Second by Plummer. Further discussion? Does anybody
here wish to speak to item 3? Read the ordinance. All right, circumstantially
even if it is a"Z, I may have to vote against it. This is a matter of
principle. Further discussion? Call the roll.
AN ORDINANCE ENTITLED-
AIN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY CHANGING THE
ZONING CLASSIFICATION OF PORTIONS OF PINE
TERRACE (57-65); LESS SUBDIVISION (61-96):
REBOZO SUBDIVISION (63-53) AND THAT PORTION
OF UNPLATTED LAND AS DESCRIBED ON FILE WITH
THE PLANNING AND ZONING BOARDS ADMINISTRATION
DEPARTMENT; BEING 2810-2824-2840 SOUTHWEST
_
27TH AVENTUE AND 2727-2137-2741-2743-2S01-2815
SOUTHWEST 28TH TERRACE, FROM R-4 (MEDIUM
DENSITI MULTIPLE) ; R-CC (RESIDENTIAL -OFFICE)
AND C-2 (LOCAL CO:.SERCIAL) TO SPD-6 (COCONUT
GROVE RAPID TRANSIT DISTRICT), AND BY MAKING
THE NECESSARY CH_kNGES IN THE ZONIN DISTRICT
MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY
REFERENCE AIM DESCRIPTION IN ARTICLE III,
SECTION 2, THEREOF; BY F.EPEALING ALL ORDINANCES,
CODE SECTIONS, OR PARTS THEREOF IN CONFLICT,
?
AND CONTrIN'ISG A SEVERABILITY CLAUSE.
.1
Passed on its first reading by title at the meeting of July 29, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Perez, seconded by Commissioner Plummet, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
SEP 2 31962
A E Cois iissionet J, L. Piutnt, A,
Coiiti.ssionet Demettio Petri' It,
Commissioner :tiller J. Dawkiht
Mayor Maurice A. Ferro
None.
ABSENT: Vice Mayor Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9405
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.
24. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION FROM R-C
TO C-1 - LOCATION: 581 N.E. 62ND STREET
Mayor Ferre: Take up item 5.
Mr. Plummer: Who is the applicant?
----------------------------------------------
Commissicner Carollo entered the meeting.
Mr. Richard Whipple: The Department is the applicant, sir. This lot
was inadvertently left out of an area which the Department rezoned
and applied a special district to. In ouradvertising and drafting of
the ordinance, we left the one lot out. This is just to include it
with the items that you had previously approved.
Mayor Ferre: Is there anybody here on this item other than the
Department?
Mr. Perez: We already approved this change in June. I move.
Mayor Ferre: It is moved by Perez. Is there a second on first reading?
The Department recommended approval.
Mr. Plummer: Second.
Mayor Ferre: Further discussion? Read the ordinance. Call the roll.
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 LOCATED APPROXIMATELY
AT 581 NORTHEAST 62ND STREET, ALSO DESCRIBED AS LOT
16, BLOCK 10, NORTHCATE (8-88), FROM R-C
(RESIDENTL4L-OFFICE) TO C-1 (LOCAL COMMERCIAL) ;
AND BY MAKING THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP MADE A PART OF SAID ORDINANCE NO.
6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES,
CODE SECTIONS, OR PARTS THEREOF IN CONFLICT ASP
CONTAINING A SEVERABILITY CLAUSE.
sl SEP 2 31982
stag introduced by Commissioner Peret, and sed6fided by Cdrdissifter
PIU=dr end passed on its first reading by title by the f6ll6 iitig dote:
MS: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOBS: None.
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.
--------------------------------------------------------------------
NOTE FOR THE RECORD: Agenda item number 6 is withdrawn.
--•------------------------------------------------------------------
25. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION FROM
R-4 AND C-5 TO I-1; AREA BOUNDED BY N.W. 3RD CT.; N.W. 22 LANE;
N.W. 5TH AVENUE AND N.W. 22ND STREET.
Mayor Ferre: We are now on item 7: an ordinance on first reading,
change of zoning. The Department recommends approval. The Planning
Board recommended unanimously. All right, go ahead.
Mr. Fred Fernandez: Fred Fernandez with the Planning Department. I
want to make a brief presentation to you and if you feel that you need
more info oration, please ask me. On July 23, 1979, the City Commission
approved the Garment Center Development Plan. On April 1, 1980 the
County Commission approved the same plan. During the last two years
through the service of Dade County HLID, we acquired 40 parcels of land.
The people who live in that area have been relocated. The buildings
have been demolished. We are ready now to move for the replat of the
area. In that time the redevelopment plan was divided in phases. This
is phase one, what we are talking about today. The area in light blue
is phase one.
About two or ::._.t :_anths ago you approved funding to start acquiring
land in phase two; znat is the green area. In phase one, we are proposing
four lots of around 34,000 square feet. he plan to sell this land to the
garment industry. We are working right now in the disposition plan in
restructuring improvements in that area. The site plans have been also
finished. If you have any other questions, please?
Mayor Ferre: Is there a motion? We are on item number 7 as presented.
Mr. Plummer: On first reading I will move it.
Mayor Ferre: Plummer moves. Is there a second?
Mr. Carollo: Set-c.nd.
Mayor Ferre: Second by Carollo, Further discussion? Read the
ordinance; then call the roll.
1
SEP 2 31982
&l
AN ORDINANCE E,tTLED-
AN ORDINANCE AMENDING ORDINANCE NO. 68710
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' t NORTH OF AND
PARALLEL TO NORTHWEST 22ND LANE, NORTH-
WEST 5TH 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 Ile
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 COM-
MERCIAL) TO I-1 (LIGHT INDUSTRIAL), ALL
AS PER TENTATIVE PLAT t1152-A, "MIAMI
FASIiION CENTER SECTION 101 AND BY MAKING
ALL THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP MADE A PART OF SAID ORDI-
NANCE NO. 6871, BY REFERENCE AND DES-
CRIPTION IN ARTICLE III, SECTION 2;
AND BY REPEALING ALL ORDINANCES, CODE
SECTIONS, OR PARTS THEREOF IN CONFLICT
AND CONTAINING A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plia=er, and seconded by Commissioner
Carollo and passed on its first reading by title 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
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
ON ROLL CALL:
Mayor Ferre: In voting 'yes' I would like to commend the City and I
guess the County, C.D., and everybody who has been involved. This
will be the first industrial type park...is that a misnomer for it?...
that the City of Miami has done...I think it is important. I think
it is a major achievement. I am surprised that members of the community
are not here in protest. I think that means that you have
ittalked
to
. It is
a lot of people in 'the community- People. are happy
about a major step forward. I think this is great. Our Garment Center and
our Garment
lodofa uropeople. I thinkvthismistis great. I to commendprovide
you
jobs
for it and I vote 'yea'.
_ wwww ww�w�rw�..�ww��.�w��wM�w���w��www-�w��w����w
NOTE FOR THE RECORD Agenda item numbe 8 is withdrawn.
51
SEP 2 31982
t Y.
26. VACATE/CLOSE CERTAIN AVE1UES, ALLEYS AND TERRACES IN
CONNECTION WITH TENTATIVE PLAT NO. 1152 - A, "MUMI FASHION
CENTER -SECTION I"
Mayor Ferre: We are now on item number....
Mr. Terry Percy: Nine.
Mr. Carollo: Move.
Mayor Ferre: The next one is nine. Nine is an application by Metro -
Dade, Sonnar, Alphonso and Agnes Lowery, so on and so forth.
Mr. Richard Whipple: Mr. Mayor, this is a continuation of the previous
item. It has to do with the closing of the streets to effectuate the
plan.
Mr. Carollo: Move.
Mayor Ferre: And it is recommended by everybody, right? It is moved
by Carollo. Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Second by PLumer. Further discussion on this resolution?
If not, call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-872
A RESOLUTION CLOSING, VACATING, ABANDONING AND
DISCONTINUING THE PUBLIC USE FOR THOSE PUBLIC
RIGHTS -OF -WAY ALSO DESCRIBED AS THAT PORTION
OF NORTHWEST 4TH AVENUE AND THAT EAST -WEST ALLEY
LOCATED IN THE BLOCK BOUNDED BY NORTHWEST 3RD
COURT, NORTHWEST 22ND TERRACE, NORTHWEST 5TH
AVENUE, AND NORTHWEST 22ND STREET FOR A COMBINED
DISTANCE OF + 670'; THAT PORTION OF NORTHWEST
22ND TERRACE LYING EAST OF THE EAST RIGHT-OF-
WAY LINE OF NORTHWEST 5TH AVENUE; AND WEST OF
TNF WEST RTGNT-OF-WAY LINE OF NORTHWEST 3RD
MAydt Ferret Sees?
Mr. Carlos Sherrod: My name is Carlos Sherrod. I am here to question resolution
number nine. I was hoping that it would not be in continuation from 7 and 8.
There was a statement made a little while ago that you were surprised that
no one from the community was here in protest; we must all be happy with -_
this particular situation. I am here, not in protest of what is to be
done in this particular area. But I have some questions. What I would —
like to 'know is that in as far as this man is concerned, this is being
purchased and resold back. I would like to know who it is being sold to.
Are you going to turn it into a fashion district or whatever? First of
all, we have a business establishment that is located in this plan as
it stands now. It is one of the last business establishments that is
situated there now on N.W. 22nd Street. Everything else is being tom
down. I don't expect that any of these people that have been relocated
out of the area will be coming back in. But we are there now. We would
like to stay, if at all possible that if this land is going to be sold
we would like to purchase this land and....
Mayor Ferre: Mr. Manager, I think I speak not only for the Commission
but for the Administration and everybody. I want to assure this
gentleman that we will do everything and anything and a. little bit
more within the law; and stretch and push and pull wherever we can
to make sure that legitimate property owners in that area are protected;
and that they have not only the first, but the second and the third
chance to repurchase these properties and develop them.
Mr. Gary: Can we have staff respond?
Mayor Ferre: Yes, sir.
Mr. Fernandez: Mr. Mayor, the disposition plan is going to be submitted
to the City Commission for approval. Also the lands have not been sold
yet. They are going to be sold in the future. The Commission is going
to approve that....
Mr. Dawkins: All he is saying to you is that as a custom, when you
come in and take this land we don't get it back. All he is asking
is that he get a shot at it. That's all.
Mr. Sherrod: That is absolutely right.
Mr. Fernandez: We already met before and I provided him with all the
information that he required. He is aware of how we are going to go
ahead with this project.
Mr. Sherrod: That is true.
Mr. Fernandez: We have also, for example Mr. Laurie here who is one
of the owners in the area. He is going to remain in the area. He
had all the opportunity to expand his business or improve it.
Mayor Ferre: I just want to make sure that it is clearly understood
what the Commission's position is on this.
Mr. Gar;: You already adopted that as a policy.
Mayor Ferre: All right, sir, thank you very much.
53
♦
J
i 27. VACATE/CLOSE EAST -WEST ALLEY IN VICINITY OF N.W. 36TH STREET,
32ND AVENUE, 38TH STREET, 31ST AVENUE, AS PART OF TENTATIVE
PLAT NO. 1170 -• "REVISED PLAT OF HANSON SUB" ;
.YK f
Mayor Ferre: We are now on item number 10. It is an application by
Stanley Bastacky for the vacation and closure of that east -west alley
as recommended by the Department, the Committee. The Plat Committee
recommended it. The Zoning Board recommended it unanimously. Is there
any objector present?
Unidentified Speaker: No, sir.
Mayor Ferre: You are not an objector.
Unidentified Speaker: No, air.
Mayor Ferre: All right, any problems with this? When we close this,
what it is in effect that we are doing is letting them have a unity of
title in those three properties. Is that it?
Mr. Richard 'Whipple: Yes, sir. As you can see by the blue, those are
the property zoned by the applicant with the alley directing those
properties. As you also note, this is right on the City/County border
line.
Mayor Ferre: Is the County on the other side?
Mr. Whipple: It is directly to the north of the alley, yes, sir.
Mayor Ferre: Are we going to get any trees or anything out of this?
Mr. Whipple: In the plat process we conditioned the approval on a ten
foot landscaped easement across the front of the property along 36th
Street because we felt that, as you might remember the area, it does
need a little dressing up. So we requested a landscaped easement
hoping to beautify the stretch along 36th Street.
Mayor Ferre: What avenue is this?
Mr. Whipple: N.W. 36th Street at 32nd avenue, I believe.
Mayor Ferre: And you are satisfied that is fair?
Mr. Whipple: Yes, sir.
Mayor Ferre: O.K., any further questions? Is there a motion?
Mr. Perez: Yes, I move.
:Mayor Ferre: Plummer, are you O.K. on this?
Mr. Plummer: Yes.
Mayor Ferre: Perez moves, Who seconds? Is there a second on item 10?
Mr. Plummer: Second.
:Mayor Ferre: Second by Plummer, Further discussion? Call the roll,
SEP 2 31982
mum
T`hd f6116aitg tesolution was itttodUced by Cottissiotet Pereto
wha w4ved its adoption:
RESOLUTION N0. 82-873
A RESOLUTION CLOSING, VACATING, ABANDONING AND
DISCONTINUING THE PUBLIC USE OF THE EAST -WEST
ALLEY LOCATED BETWEEN NORTHWEST 36TH STREET AND
NORTHWEST 37TH STREET COMMENCING AT THE EASTERLY
RIGHT-OF-WAY LINE OF NORTHWEST 32ND AVENUE FOR
A DISTANCE OF + 299.57' AND THAT PORTION OF THE
NORTH -SOUTH ALLEY LOCATED BETWEEN THE ABOVE RE-
FERENCED ALLEY AND THE SOUTHERLY RIGHT-OF-WAY
LINE OF NORTHWEST 37TH STREET FOR A DISTANCE OF
+ 5' (BEING WITHIN THE CITY LIMITS) WHICH IS
+` 129.75' EAST OF THE EAST RIGHT-OF-WAY LINE
OF NORTHWEST 32ND AVENUE; AS A CONDITION OF
APPROVAL OF TENTATIVE PLAT #1170 "REVISED PLAT
OF HANSON SUBDIVISION", WITH FINAL ACCEPTANCE
AND RECORDING SUBJECT TO DADE COUNTY COMMISSION
APPROVAL.
(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
NOES: None.
ABSENT: None.
28. GRANT £kQLTEST FOR MODIFICATION OF CHARTER REQUIRE- IENTS FOR SEVEN
STORY .;PARTMIENT BUILDI:'G :+IDITION TO BANYAN BAY APARTMENT COMPLEX
703 N.E. 63RD STREET.
Mayor Ferre: Item 11. Application by Belco Banyan Apartments for a
modification of the requirements of the Miami Charter. Recommended
approval by the Planning Department. It was unanimously [approved)
by the Zoning Board. There were two objectors by mail, one opponent.
Is there anybody here who wishes to....?
Mr. Dawkins: The Planning Board recommended denial.
Mayor Ferre: The Planning Department recommends approval.. The Zoning
Board recommended approval.
Mr. Plummer: Item 11.
Kayor Ferre: How come that's not shown on the title page, that the
Planning Board recommended denial?
Mr. Gary: It is.
Mr, Plu=er: Not on the agenda.
5
sl
SEPZ 31982
= A -
e
Maya Ferre: Explain tow, the Departftetit,
Mt. 'Whipple: Commissioner Dawkins is referring to the fact sheet that
was prepared going into the Zoning Board initially. At the initial
hearing going before the Zoning Board, the Department did recommend
denial because as we had learned from this Commission, we felt there
had to be something provided in the interest of the general public in
return for this requested waiver. At that time they were not in a
position to make that proffer. At a subsequent hearing, they did make
a proffer in accord with one of three suggestions we had. Oa that basis
- we changed our recommendation to approval conditioning to the proffer
providing landscaping in the vicinity of $25,000 to $30,000 along the
waterfront of Legion Park. The applicants have already been trying to
get in contact with the Department for the specifications.
Mr. Dawkins: Thank you. That is good. Thank you, Mr. Whipple.
Mayor Ferre: Let me see the drawing on it. Where is Legion Park?
Mr. Plummer: 66.
Mr. Whipple: Exact due north of the property, sir.
Mayor Ferre: This is what you are proposing to do here?
INAUDIBLE BACKGROUND CO%.DiENTS NOT ENTERED INTO THE PUBLIC RECORD.
Unidentified Speaker: It is in the exact same architectural design as
the existing buildings.
Mayor Ferre: Are there any objectors present? Is there anyone here who
wishes to speak on this issue? What is the will of this Commission on item 11.
Mr. Plummer: Move it.
Mayor Ferre: Moved by Plummer. Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Second by Carollo. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-874
A RESOLUTION RECOIOMNDING A MODIFICATION
_ OF REQUIREMENTS, AS SET FORTH IN SECTION
3(4) (b) OF THE CITY OF MIAMI CHARTER,
�— CHAPTER 10847, SPECIAL ACTS, L,WS OF FLO-
- RTDA 1925 AS MENDED TO PERIMIT AN ADDI-
Vpott being seconded by Cotztuissiotiet CatdI16, the tdt61utl8n wat
passdd and adopted by the following vote:
M—. Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
29. GRANT APPLICATION FOR CONDITIONAL USE FOR DRIVE-IN TELLERS
- LOCATION: 700 N.W. LEJEUNE ROAD
Mayor Ferre:
Take up item 13.
Mr. Carollo:
Move.
Mayor Ferre:
It has been moved.
Mr. Plummer:
No, no, I want to see the diagram. I'm sorry, you can
still move it.
Mayor Ferre:
Let us see the diagram on item 13. Then I will recognize
it for a motion. This is LeJeune Center for conditional use to permit
construction of a drive-in teller.
Mr. Whipple:
I believe there was a diagraph on your fact sheet. I will
have the plan
here in just a second.
Mr. Plummer:
Let me see the stack in the back up.
Mayor Terre:
Who is the bank on this?
Mr. P1u=er:
Who is the bank?
Mayor Ferre:
13, Who is the bank on this, do you know?
Mr. Tony Cabrerra: Mr. Mayor, Members of the Commission, the name of the
proposed bank
is Ocean Sank of Miami.
Mayor Ferre:
Ocean Bank?
-
® .r
Mr. Cabrerra:
Ocean Bank of Miami.. Your name, for the record?
Mr. Cabrerra:
Tony Cabrerra, Epic One Corporation.
Mr. Plummer:
There are three lanes?
Mayor Ferre:
Is that an existing bank?
Mr. Cabrerra:
No, it is not, sir.
T
4
?`Mayor Ferre:
Is this going to be a State bank?
Mr. Cabrerra:
Yes, it is.
_y
MayorFerre;
You already have the ComptrQllerIs ap��ov 9
s1
5-7 CEP 2 31982
I
Mt. cabtettd: Yesj we do. It is iu pfodess fight tbv tht6ggh f,D,Lds
Mt, Plummer: Mt. Carollo moved it?
Mayor Ferre: Yes, Carollo.
Mr. Plummer: Mr. Mayor, I will second it with the same stipulations
we put on all the drive in tellers: that is a one yeat review. One
year after they are granted their C.O.
INAUDIBLE BACKGRO0D COMMENTS NOT ENTERED INTO THE PUBLIC RECORD,
Mr. Carollo: On the mike here; I don't want the Miami Herald ... on the
mike, Dawkins.
Mayor Ferret We're just having a little fun here. Anything else?
Mr. Carollo: I would say there are people here that have a lot more
banking experience than I do.
Mayor Ferret Who the principals of Ocean ...that has nothing to do
with this. I mean I am voting for it. But just out of curiosity.
Mr. Cabrerra: Pardon me?
Mayor Ferret Who are the principals of Ocean Bank?
Mr. Cabrerra: One of the principals is Mr. Jorge Perez, formerly with
Republic National Bank.
Mayor Ferret Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-875
A RESOLUTION GRANTING CONDITIONAL USE AS LISTED
IN ORDINANCE NO. 6871, ARTICLE YII, SECTION 1(33)(f)
TO PERMIT CONSTRUCTION OF DRIVE-IN TELLERS FOR A
BANK ON 700 NORT1fdEST LEJEUNE ROAD, BEING "LEJEUNE
CENTER" (TENTATIVE PLAT), AS PER SITE PL?.N ON FILE;
ZONED C-2 (LOCAL. CONNERCIAL), SUBJECT TO A ONE-YEAR
REVIEW BY THE CITY COMMISSION AND THE RECORDING
OF THE PLAT.
(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
NOES: None.
ABSENT: None.
s;.
1=
30. ACCEPT PLAT: 11ML1MI DADE CO!LR NITY COLLEGE NEW WORLD CENTER"
Mayor Ferre: Take up item number 14, Miami Dade Community College New
World Center. Plat and Street Committee recommends approval. The Zoning
Board recommends approval.
Mr. Carollo: I am going to move it, since :filler Dawkins has a conflict
of interest here. Seriously now, I move it.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-876
A RESOLUTION ACCEPTING THE PLAT ENTITLED "MIA`4I-
DADE CO:TMSUNITY COLLEGE -NEW WORLD CE.'�TER," A
SUBDIVISION IN THE CITY OF MIAMI; ACCEPTING
THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING
AND DIRECTING THE CITY MANAGER AND CITY CLERK TO
EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION
OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA
(Here follows body of resolution, omitted herein and
on file in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Pluxmer, Jr.
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT; None.
ABSTAIN: Commissioner Miller J, Dawkins
59 SEP 2 31982
•
17�
31.. ACCEPT PLAT: "U.C.P. SUB"
Mayor Ferre: Item 15, this is accepting the plat of U.C.P. Sub. The
Plat Committee recommends. Lhe Zoning Board recommended it unanimously,
Is there a motion?
Mr. Carollo: Move.
Mayor Ferre: Moved by Commissioner Carollo. is there a second?
Mr. Perez: Second.
Mayor Ferre: Second by Commissioner Perez. Further discussion? Call
the roll.
The following resolution was introduced by Commissioner Carolloo
who moved its adoption:
RESOLUTION NO. 82-877
A RESOLUTION ACCEPTING THE PLAT ENTITLED U.C.P.
SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI;
ACCEPTING THE DEDICATIONS WHOw'N ON SAID PLAT; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER ARID CITY
CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS
OF DADE COL-NTY, 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:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
32. ACCEPT PLAT: "KF- WLY SUB"
Mayor Ferre; Item 16. again, the Plat Committee recommended and the
Zoning Board was for it unanimously. Is there a motion?
Mr. Perez: ;dove.
Mr. Carollo: Second the motion,
Mayor Ferre; Moved by Perez, Seconded by Carollo. Further discussion?
Flummer, do you have any problems? Thatls in your neighborhood.
MN
sl
SEP 2 31982
=1
Art Plu=er: Let Me see the plat.
Mayor Ferre: What are these people doing h6wl
Mr, Carollo: Mr. City Attorney, I know all these plats hete, By laW
do we have to approve them?
Mr. Terry Percy: Yes, sir. If they meet all the technical State And
Code requirements, the approval by the Commission is a formal acceptance,
'there is no discretion to turn them down if they meet the law and board
requirements.
Mayor Ferre: As I understand it, we have no choice. Right?
Mr. Percy: Yes, sir, in essence.
Mayor Ferre: What they have done is they have taken that property and
they cut it up in two tracts of 6,000 feet. So they are within the law.
Is that right? They are real small, little, dinky lots. But they are
within the law. There is nothing we can do about it. Is there further
discussion?
Mr. Plummer: Maurice.
Mayor Ferre: What.
INAUDIBLE BACKGROUND CObRfENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: I don't gain anything by this. On the contrary, it does
me more harm than good. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Perez,
who moved its adoption:
RESOLUTION NO. 82-873
A RESOLUTION ACCEPTING THE PLAT ENTITLED KN.AWLY
SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI;
AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT;
AND AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING
FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted herein and
on file in the Office of the City Clerk).
Upon being seconded by Commissioner Carollo, 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
NOES: None.
ABSENT: done.
M'
sl
t
SEP 2 31982
NOTE VOR Tilt k%bgb: At this point Agenda Item 17 was
temporarily deferred.
?.4r.
33. ACCEPT PLAT: "TIGERTAIL ESTATES SUB"
Mayor Ferre: We are now on item 18.
Mr. Carollo: Move.
Mr. Perez: Second.
Mayor Ferre: It has been moved by Carollo, seconded by Pere2. %te are
on 18. Call the roil.
Mr. Plummer: No, no!
Mayor Ferre: Oh, hold on! Tigertail.
Mr. Gary: You are going to vote on deferral?
Mr. Plummer: Just wait a minute!
Mayor Ferre: Plummer, we have no choice anyway, legally. You know what
they're doing is they are chopping up all these lots all over Coconut
Grove and they are making these real dinky lots.
Mr. Plummer: That's right next to that property we just rezoned. What
are they accomplishing in here? Are they making more...huh?
Mr. Gary: Which one are you on?
Mr. Plummer: On the Tigertail.
Mayor Ferre: 18.
Mr. Plun-ner: On 18, what are they accomplishing?
Mr. Whipple: Mr. Mayor, Commissioner Plummer, this is the property
immediately behind an apartment building that fronts on Bayshore Drive.
As you know, it has been I believe vacant for a number of years. This
is to allow then to develop it as a single family home as it is zoned.
Mr. Pl —er: As a single family home.
Mr. Whipple: Single family. They went through the variance process
because they lacked a couple of hundred square feet of being less than
the required 10,000 for the r-1B zoning.
Mr. Plummer: O.K., for a single family I have no problem.
Mayor Ferre: Is there a motion? Plummer moves. Perez seconds.
Further discussion? Call the roll on 18.
02
0
sl SEP 2 31982
Tha f6116witig resolution was iiittoduced by Commissionet Plu�idr
'Whd thOVad its adoption:
RESOLUTION NO. 82-879
A RESOLUTION ACCEPTING THE PLAT ENTITLED TIGERTAIL
ESTATES SUBDIVISION, A SUBDIVISION IN THE CITY OF
MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON
SAID PLAT; ARID ACCEPTING THE COVENANT TO RUN WITH
THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION
OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE
DEPARTMENT OF PUBLIC WORKS; AND AUTHORIZING AND
DIRECTING THE CITY MANAGER AND THE CITY CLERK TO
EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION
OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA
(Here follows body of resolution, omitted herein and
on file in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, 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
NOES: None.
ABSENT: None.
34. ACCEPT PLAT: "N.ERALD PARK SUB"
Mayor Ferre: We are now on 19. This is accepting the plat entitled
Herald. Oh, oh! I said the magic word, right? Herald Park Subdivision.
Mr. Carollo: That and the Daily Worker. It is all the same thing.
Mayor Ferre: Located on North Bayshore Drive. Plat and Street Committee
recommended it. The Zoning Board recommended it unanimously.
Mr. Carollo: Mr. Whipple, is this all in order?
Mr. Whipple: Yes, sir.
Mr. Carollo: You would sign your life to that?
Mr. Whipple: Yes, sir.
Mr. Dawkins: Move it.
Mayor Ferre: There is a motion.
Mr. Plummer: Second.
Mr. Carollo: If you say no, they get your life anyway. Wouldn't they,
Whipple?
Mayor Ferre: North Bayshore Drive; is this the property that Tibor Rollo
wns, Whipple?
sl 63 SEP 2 31982
a
Mfs Cafdlld! MAdh ofld is that?
Maydi" Fdtre: is this Hollo's ptopetty?
Mr, Whipple: No, sit, it is the Miami herald,g,
Mayor Fette: Why do they have to replat it? Oft, td cofdply with PIU=df I s
tequest.
Mr. Whipple: That is part of it. Plus there was, 1 believe, a portion
of the site that was not platted originally. This puts it all together '
in proper form.
Mr. Carollo: Can I make a request from the Zoning Department to provide
me with copies of all the original zoning and variances requests that the
Herald made including how many variances they received.
Mayor Ferre: In other words, give him the same file....
Mr. Carollo: And how many streets they closed and what other privileges
they were able to acquire.
Mayor Ferre: Give him a copy of the file you gave Lacasa a couple of
years ago.
Mr. Perez-Lugones: That is correct.
Mr. Carollo: No, I'm going a little farther than that. Lacasa's
problem was, see, he could not shoo what bulls he had because he
did not have backing. That's the big difference.
Mayor Ferre: Further discussion? Call the roll please.
The following resolution was introduced by Commissioner Dawkins,
who moved its adoption:
RESOLUTION NO. 82-880
A RESOLUTION ACCEPTING THE PLAT ENTITLED "HERALD
PARK SUBDIVISION," A SUBDIVISION IN THE CITY OF
MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID
PLAT; AND AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted herein and
on file in the Office of the City Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Pl—er, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: Vice Mayor Joe Carollo
ABSENT: None.
Mayor Ferre: :sir. Davis, you can now go back to your office, Un no
more.
I
2
64 8EP
s� 3 1982
2
35k DISCUSSION ANT DEFERRAL OF CONSIDERATION OF ACCEPTANCE OF PLAT
"PORT OF ML*II EKPANSION" -DEFERRED FOR FURTHER STUDY.
rt�
Mayor Ferre: We are on item number 20, the Port of Miami expansion.
This is the Plat Committee's recommendation. The Zoning Board
recommended approval... the Port of Miami expansion. Mr. Manager,
do you have any problems with this?
Mr. Gary: No, sir.
Mr. Plummer: You might not have, but I think I do. Tell me, Mr.
Whipple, what they hope to accomplish by this?
Mr. Whipple: This is to encompass in platted form, recorded form,
the expansion portion of the port which you may remember is part
of Lummus and the old Simms Island. I believe there was a land
situation worked out between the City and the County. This is to
incorporate that area as part of the port site.
Mr. Plummer: Yes, I understand we sold the land to them.
Mayor Ferre: Mr. :tanager, I would like to get from you, and I am in
no hurry, but eventually before the end of the year, perhaps before
we next meet with Mr.Lunneta and Mr. Stierheim. I would like to
get a copy of the Grassie agreement with an update from some appropriate
person in the Department telling us what the conditions were on the
sw aps and where we stand on them. Because I saw an awful lot of
smirks the other day when we were talking about the last swap we made.
I did not like those smirks.
Mr. Gary: Mr. Mayor, I sent you that about a couple of weeks ago. I'll
send you another updated.
Mayor Ferre: Are they taking us for a ride again on something?
Mr. Gary: No, I mean, they are smirking....
Mayor Ferre: What was all the snickering about? I did not quite get
the iruendo of all that.
Mr. Gary: I anticipate they were snickering about their taking advantage
of us last time and they had planned to take advantage of us this time
and not pay for the F.E.C. property.
Mr. Plummer: Let me ask you a question. Why is this area that is outlined
twice the area of the actual land?
Mr. Whipple: We have someone here from the Port Authority to
answer that. That's the limits of the filling to and establishing
the outer perimeters and provide bulkheading around the port facility.
Mr. Plummer: Yes, but my concern is that they are going too far in the
future. You know, they are going to have an effect on further down to
the east.
Mr. Whipple: You are referring to the bottom portion, which just shows
the original island. The island is being expanded and filled out to
the outer limits of their ownership in their property.
Mr. Plummer: What is that going to do, Mr. Whipple, to the width of
that entrance harbor? From the looks of it here, it is going to be
dammed narrow.
SEP 231��
sl
Mrs ripple: According to the plat we have a main ship channel of 200
flat. Their property line is approximately 151 feet southerly from
there.
Mr. Plummer: What is it presently?
Mr. Whipple: I think your question. —you are trying to say well, Vhat
is the distance between the what is the existing island...?
Mr. Plummer: What is the present ... what is the width presently?
Mr. Whipple: The channel is 400 feet now and it will remain 400* `
feet.
Mr. Plummer: Has this been run by the harbor pilots?
INAUDIBLE BACKGROUND CO,101EtiTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: The Corps does not have to drive those boats in and out.
I am saying the harbor pilots, who have the responsibility.
Mr. Whipple: Mr. Plummer, it is our understanding it has been approved
by all agencies that need to approve this, which in my opinion would
include the Coast Guard, the Corps of Engineers, and anything that
had to do with any navigation because statements had to be filed and
notices sent out regarding this port expansion. That was all covered
by the Corps' request and other governmental agencies' requests.
Mayor Ferre: What is the wish of this Commission?
Mr. Carollo: Move
Mr. Perez: Second.
Mayor Ferre: We have a move and a second. Further discussion? Call the
roll.
THEREUPON' the City Clerk began roll call on the
hereinabove motion; however, although the motion
passed 4:1.; said motion was rescinded briefly
thereafter.
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner J.L. Plummer
ABSENT: None.
ON ROLL CALL:
INAUDIBLE BACKGROUND COtiME.'1TS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Carollo: The vote is 4:1.
Mayor Ferre: It might be 3:2. Let me, just so that I understand, what
you are objecting to is that they are asking for too much?
Mr. Plum:ser: That is right, at this time. They are not asking just
for what they need.
Mayor Ferre: What is the difference?
8�
��.l�I��R.lew•�`5. erxe u�. tSe !•.
SEP 2 31982
Mr. Plumdf: The diffetence is, Maurice, I at very coficem6d and have
bdeth 6t a 16hg time; when you go to that island to the east, for
dkatp le , .. .
Mayor refre: By law they are entitled to do this.
Mr. Plummer: ....to Fisher Island. By law they are not really entitled
to do anything in this particular point. That is why they are here.
I say to you that they should be here before us asking for just that
area in which they are presently working.
Mr. Carollo: Well, I withdraw my motion, if I can. I make a motion
to name Plummer to a one -Commissioner Committee....
Mr. Plummer: I am not interested.
Mr. Carollo: ....since he has a lot of previous experience in checking
out poorly populated islands. Check this one out for us. Especially
ones with dense vegetation.
Mr. 'Whipple: Commissioner Plummer, if I may just offer. ..you have been
out on the expanded port facility island. What they have filled there
tiow...those are the limits of which are being described by this plat.
They are not asking to go beyond....
Mr. Plummer: I would still rather go look at it.
Mr. Whipple: I just wanted to make sure that you understood that they
are not asking for anything more than what actually exists there now
that it has been filled.
Mr. Plummer: I would ask that the Commission defer it.
Mayor Ferre: I have not voted yet.
Mr. Plummer: Do you want to change it?
Mayor Ferre: No, we are in the middle of voting. Technically, so that
we don't get hung up on the legal procedure, and Terry I want you to
say into the record what you just told me so that we all understand
what we are doing. Go ahead.
Mr. Percy: The plat application, by the time it reaches the Commission,
has satisfied all codes and State requirements. Therefore, if the
Commission withholds its approval, the applicant would be entitled to
have a Court to compel that by a mandamus action. They run the courts.
Mr. Carollo: Let Dick Renick know that.
= Mayor Ferre: Once you have done that, I vote yes with the notion.
sl
Mayor Ferre: Now, the motion has passed 4:1. If you wish to reconsider it,
I will accept a motion to reconsider it at this time. But you have to state
in your motion why you want to reconsider it so that we can stay legal on
it. You can't, because you voted on the losing side, but you can. Somebody
else can make a motion to reconsider it, if you want. You have to express
on the motion why you want to reconsider it. Terry, .chat is the legal, so
that we can help brother Plummer over here.
Mr. Plummer: I just want to go out and see the thiU&.
Mr. Percy: To study.
Y..ayor Ferre: What?
Mt. Percy: For further at,4dy.
67 �''�' 2 31982
Rayat t6tte: All right, does a6meb6dy cunt to reconsider for the purp6aa
6f further study?
Mr. Dawkins: Yes, 1 reconsider for further study.
Mayor Ferre: There is a motion that the previous item that just passed
by reconsidered so that we have further study and more factual information
before us. Is there a second?
Mr. Perez: I second.
Mayor Ferre: Second by Commissioner Perez. Call the roll.
THEREUPON, A MOTION WAS INTRODUCLD BY COMMISSIONER
DAWKINS TO RECONSIDER FOR FURTHER STUDY AGENDA
ITEM 20, WHICH HAD PREVIOUSLY PAbSED.
Upon being seconded by Commissioner Perez, the motion 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 Ferre
NOES: None.
ABSENT: None.
Mayor Ferre: Now that leaves us where? In limbo?
Mr. Plummer: Until the next Commission Meeting.
Mr. Perez-Lugones: You have to defer it.
Mayor Ferre: Now there is a motion. Mr. Plummer moves that item
20 be deferred.
Mr. Plummer: Right.
Mayor Ferre: Second by Miller Dawkins. Is there further disucussioa
on deferral of item 20 for further information to study? Now call the
roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 82-881
A MOTION DEFERRING CONSIDERATION OF PLAT
ACCEPTANCE FOR THE PORT OF MIAMI EXPANSION
TO PERMIT INSPECTION AND ADDITIONAL STUDY
BY MEMBERS OF :HE CITY C01-14ISSION.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES; Commissioner J. L. Plu— r, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES; ?Zone, p
ABSENT: None. 68 v �s E 3 11001012.
ei
36, DISCUSSION ITEM: CITY OF MIAMI CO',VISSION POLICY ON STREET
NAME CHANGES.
Mayor Ferre: Mr. Manager, we are on item 21; discussion of the City
policy on renaming streets. I only have about 150 names that I....
Mr. Joe McManus: Joe McManus, Acting Director of the Planning Department.
Mr. Mayor, Members of the Commission, under discussion we are requesting
that you review you policy on street name changes. if possible, clarify
and give further direction to the Administration. This affects us because
we have a sequence of committees starting out with the Plat and Street
Committee, going on to the Planning Advisory Board, which make
recommendations on these street name changes or dual designations.
As the Administration gives information to the Planning Advisory
Board, we are conveying your present policy.
ye
SEP 2 31982
Pit, Mt -tabus, + & , . present policy established in 19711 stated, and
1 just took out the summary paragraph here, any decisions to be made regard=
incj suggested street name oranges should be viewed with the intent of
strengthening the present numberical quadrant system rather than weakening
it. Now lately, of course, we have been getting some contradictory signals
on that adopted policy and I offer the two examples of N.W. 2 Avenue,
Eugenio Maria De Ostas Boulevard and also N.W. 20th Street, Boulevard of
the Americas. Now, as you mentioned, Mr. Mayor, we are currently looking
at a series of proposed recruests that are going to be coming to this Com-
missions South Bayshore Drive, Brickell Place, N.E. 69th Street, Palm Bay
Lane, N.W. 35th Court, Avenida Luz Caballero. There was discussion in the
recent Ne_iahbors 2<aaazine of the substitution of Mayfair Street for Mary;
in other words.....
Mr. Plummer: That was on our agenda, withdrawn.
Mayor Ferre: Mr. McManus, I'll tell you, this is just one man's opinion,
Okay? And then everybody else can give their own opinion. We cannot
change our numerical system, there is no way we can change our numerical
system and I am not proposing, nor has anybody proposed that any numerical
system be changed. The other side of it is that we have a community here
that is accustomed to through tradition and history, and it's not just the
Cubans, there are a lot more people than that, that like to honor certain
people, you know, George Washington and whatever, and they come up, when
they have strong feelings about these things and they say, would you take
three blocks of this street and nine it for so and so. Now, the Commis-
sion, as I have sensed it, has not found any great offense to that provided,
however, that it does not become the primary name of that street or avenue
and if you notice, in the last one we had it continues to be 2nd avenue, it
continues to be 2nd Avenue and then in little letters underneath it says
so and so. Ckay? You know, I don't think it is going to hurt anybody and
certainly the Fire Cepartment and the Police Department are not going to
be confused by that and for people who don't have very much literally,
sometimes it becomes an imcortant thing. .Zcw, with specific regard to the
renaming of an existing street like Mary Street, if there is a historical
consequence for it, if there is a community feeling for it, if there are,
if it is offensive to some important community or members of the community
then I am against changing it. For example, what was the name of Gibson
Park before we chanced it? Dixie Park. Well, I don't know Mr. Dixie,
frankly, or :Mrs. Dixie or Miss Dixie and we had a public hearing and frankly,
right smack in the middle of the black ccrrmunity to have a park named Dixie
Park is probably :more offensive to the black ccr.=unity, and I'm sure that
100 years ago when it was lone somebody :must have had that in mind but, you
know tires have changed and we don't treat the black corramunity the way
Miamians used to treat theca 100 years age when that park was named Dixie
Park. So, I think if we don't hurt anybody and people are happier by
having that park named after Theodore Gibson, may his soul rest in peace,
rather than, you know.... Now We changed Manor Park. Well, Manor Park is
now Hadley Park. Well, we had a public hearing and nobody came up and spoke
for Mr. Manor or Mrs. Manor or whoever Manor was and probably there wasn't
any Manor, I don't know who Manor was. For example, I'll give you another
example, There was a move afoot to rename Riverside Park but the Riverside
Baptist Church and members of that corununity said, "Hey, you know there is
a historical significance to that", well, we dropped that right away. You
know, if somebody comes up and says don't ren a: -me that.... Now, we've got
the controversy with ;Mary Street. I don't know how P1umner or Demetrio or
Joe or Millar feel about it but as far as I'm concerned that's a historical
name, it has historical significance and I don't think we should rename the
streets of Coconut Grove whetter it is St-4--=p or Mary or Peacock Park or
whatever it is, that we should change those names because those are histor-
ical names and areas and we shouldn't fool around with that. Now, whether
or not 2nd Street gets a little sub -title and we call it Jose Marti Street
or George Washington Street, you know, who cares, Frankly? It doesn't do
anybody any harm. You're shaking your head, you don't like it. Well, who
cares? Howard, how dces it affect it, is the Police Department hurt by
it? Fire?
Mr. Reid: Mr . Mayor, the issue is, it seems to me that we have a policy
that says that we will not change the name of streets but.,..,
Mayor Ferre: Fine, then change the policy.
Mr. Pz id; But the point is that it does relate to police and fire, M . Mayor,
to answer your question. 'ghat if you get a fire call that says Z'm on Luz
Caballero Street and it's only a 3 block segm:zt or whatever, that's an
ONO
.SEP 2 31982
exafiple, and I think the key is not to respect what you want to do in term
of responding to neighborhoods and historical events and so forth but it
has consequences.
Mayor Ferre: That's fine, I heard that argument about Cuban Memorial Boule=
vard which is 13th Street, 13th Avenue. I have yet to hear anybody call it
Cuban Memorial Boulevard. Have you ever heard anybody call it Cuban Memor-
ial Boulevard? Except here, you know here on this Cor= ssion, of course,
and that's only when all the Cubans core down from Cuban Memorial Boulevard
and we say Cuban Memorial Boulevard but when I walk out or Plummer walks
out or Demetrio, it's 13th Avenue and I say I'll meet you at the corner of
13th Avenue and 8th.
Mr. Perez-Lugones: But, Mr. Mayor, if I may, being the Chairman of the
Plat and Street Committee, the Fire Department precisely brought the Cuban
Memorial Boulevard as an example of an emergency call for a rescue unit and
they used the Cuban Memorial Boulevard name and they took some time in
locating that it was 13th Avenue and almost caused a fatality because of
that.
Mr. Plummer: Tell them to reprogram their computer.
Mr. Gary: You're about to take it away from us.
Mr. Plummer: I'd love to, that's one of the reasons it needs to go.
Mr. Gary: Mr. Mayor, can I suggest an alternative?
Mayor Ferre: Yes.
Mr. Gary: I understand the need for the community to have some identifi-
cation with certain leaders within those coranunities.....
Mayor Ferre: How about corners?
Mr. Gary: Corners? That's one of the alternatives I would recommend.
Mayor Ferre: Plazas, you know, like Chopin Plaza. I mean where the hell
is Chapin Plaza? Nobody knows where Chopin Plaza is.
Mr. Plummer: Yes, it's right in the middle of Gould's parking lot.
Mr. Gary: I think we ought to do that, Mr. Mayor, and we ought to attempt
to set some policies restricting how many we would do in a neighborhood
which would give the City Commission.....
Mayor Ferre: I think you've come up with a solution. You know what the
solution is? That we name intersections because that way the fire and
police will never get upset and we'll say the intersection of 8th Street
and 12th Avenue will now be called the Howard Gary Plaza....
Mr. Perez: But I think, Mr. Mayor, that it would be important that we
keep the n,_,.erical system and we can use the name that we use for that
street in smaller letters, I don't think that it makes too much difference,
the same that we have in Hialeah, I think that in some part of Coral Gables,
but if we have a special name we can have the name in small letters. I
don't think that it makes any difference.
Mr. Gary: Yes, but you see, the problem is that I guess it is easy for us
to say that's simple, but it would not be as simple if you or I were depend-
ing upon some rescue vehicle to come and save us. What I would recommend
is that we go to naming intersections and even go further in terms of limit-
ing the nu.: er in the community that we would name, for example, major
streets, that we would only name as opposed to the side streets. And I
would like to propose a draft policy at the next City Comission Meeting
and have the City Ccrynission review to see whether or not it is acceptable
to them or not.
Mr. Plx=er: I think we ought to have a six year study.
Mayor Ferre: Gkay, do ycu need anything else on that, Mr. Manager?
Mr. Gary: No, sir, we'll come back with a draft Voliay At the neXt City
Cow ssicn Meeting.
�1 SEP 2 31g82
I
2 7. c ivaT 2rAbim; ORDr`ANCE t PR0r0►ib O=At C'M or HIND
i", ELECTION TO BE HELD DECEMBER 14, 1982 FOR THE ADDITIONAL 1'r,
OF A ONE CENT SALES TAX.
i
+,.r:�: .. -... u„„ry1 •' . .i 1'.. ".w*.,•... 'f''1.9.,c.:Y%%_ ce.'_e3 $''�`` ..i:.Sr'.i.,''"s�a.. K''ii, s3l'7.'i'::3i{.3• ":�t.1::ai :aii
Mr. Gary: Mr. Mayor, can we address the 6 cent sales tax, the emergency
ordinance for the occupational license for the stand-ins?
Mayor Ferre: Yes, sir, I've got it right in front of me. I think Lucia
gave us all copies. This is an ordinance. Can we take a second and read
this, Mr. City Attorney? Lucia, did you pass all these things? Does every-
body have a copy?
Mr. Garcia -Pedrosa: Yes, sir.
Mr. Plummer: What are we working on?
Mayor Ferre: This is the one cent sales tax in case we've got to go to bat,
J. L. Now, Jose, all this does is this just gets us ready to go to bat if
we have to go to bat, is that it?
Mr. Garcia -Pedrosa: Yes, sir, it authorizes the one cent sales tax and
lays out the disposition of the proceeds as required by law.
Mayor Ferre: Would this be on First Reading?
Mr. Garcia -Pedrosa: Yes, sir.
Mayor Ferre: So we'll have time to read it and amend it if we want to?
Mr. Garcia -Pedrosa: Yes, sir, you will.
Mayor Ferre: All right, is there a motion on this ordinance on First Reading?
Mr. Plu:*cser: So move.
Mr. Perez: I second.
Mayor Ferre: Read the ordinance. All right, let's call the roll and then I
want to make a statement. Go ahead.
AN CRDINANCE ENTITLED-
;LN ORDINANCE OF THE CITY OF MIAI4I DETERMINING TO LEVY,
SUBJECT TO THE REFERENDUM HEREIN AUTHORIZED, AN ADDI-
TICNAL ONE PERCENT (1%) SALES TAX IN THE CITY OF MIAMI
FOR THE PERIOD JAINUARY 1, 1983 THROUGH DECEMBER 31, 1983,
THE PROCEEDS OF WHICH WILL BE USED TO FINANCE ONE OR
MORE Or^ THE FC'LLOW;I,,G: THE I�IPROVEKZNTS OF OR ADDITIONS
TO THE ORANGE BCWL STALIUM, INCLUDING ADDITIONAL PARKING,
SEATING AND FACILITIES FOR INGRESS AND EGRESS; THE CON-
STRUCTICN OF A COLISEUM; THE CONSTRUCTION OF AN AMPHI-
THEATRE; PROVIDING FOR THE HOLDING OF A SALES TAX REFER-
ENDM4 I.l THEE CITY OF MIA,.MI , FLORIDA, ON DECEMBER 14, 1982,
FOR THE PURPCSE OF SUBMITTING TO THE ELECTORS OF THE CITY
OF MIA:4I THE xUTZS T ICN OF WHETHER All ADDITICNAL ONE, PERCENT
(1%) SALES TAX FOR 7,4ELVE MONTHS SHALL BE -VIED TO FINANCE
THE AEC✓r; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
Was introduced by Corrmnissicner P1uL^:er 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.
Mayor Maurice A. Ferre
NOES; None,
`2 SEP 2 31982
3`�' DISCUSSION ITEM-PRI;MNG OF BpOCIiL'RE AIND DISCUSSION OF.
E,TG1NEERIi'G REPORTS, TEM?ICAL GUIDELLVLS AND LICTI'_:G OF
RECO*';IENDATIONS FOP. REFU?.BISLING OF O%. %NGE BOWL STADIM'.
Mayor Ferre: All right, now I'd like to appoint a committee of one for now,
in J. L. Plummer, and have him come back with a recommended list of people
who should serve on a committee that we will then appoint on November 3rd
oh, we have a November 4th Meeting. Do we have a November 4th Meeting?
Ms. Hirai: Yes.
Mayor Ferre: On November 4th the Commission will meet, if by any chance the
November 2nd County ballot does not pass, Plummer, then I want you to be
ready to come up with recommendations of names, it should have a cross -sec-
tion of this community, black, white, English, Spanish, Christians and Jews,
north► south, east, west, male, female, you get everybody involved. And
they're going to have to, Mr. Manager, you're going to have to appoint,
you're going to have to spend some money. My recommendation is that we
are going to have to spend maybe $50,000 to give staff back-up, get the
proper engineering information updated on an emergency basis and my guess
is to print a brochure like we did with the fire thing. Don't you remember,
Clark, what was that that we had that nice brochure printed? For the Fire
Bond Issue. Okay. And we had the Fire Department and the Sanitation and
everybody going on passing out these brochures door to door.- And we've
got to get ready just on an informational basis and the City Attorney is
going to have to be involved to make sure it is legal because as you know,
in that kind of a brochure we cannot recommend, we can't plug, we can't be
for something, it must be a factual report. We've got to be very careful
with that. But the ccrLnittee, Mr. Plummmer, you ought to have people that
are available on an overtime basis because I would want that committee to
meet that evening of the 4th or 5th to start mapping out the strategy and
also, we're going to have to have a public hearing and I would say that
the public hearing should be at the Commission Meeting of the loth at
which time the City will define, or maybe we may want to have it on the
5th because time is of the essence, as to what the specific projects are
going to be that we're going to be using the money for because that is
going to be the whole key of that election if it should come. I assume,
and I don't wart to be in any way gutting the County's attempt which I'm
fully supportive of, but I assume that we're not going to have sufficient
moneys to build a new stadiu.-n so we'll have to define, at that time, I
would hope that Mr. Worsham will come to some kind of a conclusion, and
Mr. Manacer, you'd better tell !Az. Worsham he'd better be ready or we're
going to have to by-pass him and go to another location because I think
the people of Miami are going to want very very simple and clear specifics
as to what their money is going to buy for them and believe me November
2nd to December 14th aces by so quick you won't even know how quick and
we cannot waste one day. We've got to be very ready so that this thing
is understandable, believable and sellable. Ckay?
Mr. Gary: in terms of time, Mr. Mayor, you mentioned not only the need
to get the committee established right away but also to get an engineer
who is fardliar in this area, a staff engineer. How do you want to pro-
ceed to select that engineer so that we can have him ready when we need
him?
Mayor Ferre: Xr. Manager, that engineer has been selected for a long long
time and there's no use starting all over again, it is George Kunde, and
if you start over again you'll never do it. So let me it this way. I
would like to ask for a motion, or I'll make the motion, that we establish
up to $50,000 not to be expended, the majority of which should not be ex-
pended, I would say no more than $10,000 of which should be expended
between now and November 2nd if necessary, strictly for engineering re-
ports, and I'll tell you specifically what it is for so that Mr. Kunde
will core back with a specific reco=endation, dust off the old plan and
in there's a plan somewhere in there about a baseball configuration and
that is going to b_ a very crucial thing. You're going to have to tell
us what it is that has to be done in the Orange Bowl. Vince, do you rem-
ember who did that? That wasn't Kunde though, was it? Wasn't that an
internal thing? 'n'ho did that report? :'here is some kind of a study
somewhere about baseball.
Mr, Gri,-n: The original plan was done by Public Works, Mr. Mayor, just
as the original renovation plan of the Orange Bowl was done by Publio
Works but this latest one by Kunde is an update of his one,
73 ' SEP 2 31982
y
rI
• f
May6t Vdtte: As 1 recall, we had to strip $ff a whole buhah 6f tha
bleachers down on the bottom,
Mr, Grimm: You have to cut into the ttanda on both the north &hd aauth
side,
Mayor Ferre: And then we can have baseball, right?
Mr, Grimm: Yes, but I have forgotten the number of seats that you lose,
Mayor Ferre: But that wasn't a major thing, was it, as I recall?
Mr, Grimm: No, it's not a major construction thing but it does signifid—
antly reduce the number of seats that you have.
Mayor Ferre: But we still were over 60,000 as I recall.
Mr. Grimm: I believe that's correct, Mr. Mayor, but I wouldn't want to bet
on that.
Mr. Plummer: well, now, appointing me as Chairman of this Committee, i have
the right to speak with them and start preparing that?
Mayor Ferre: Yes, I would say that some time, Mr. Plummer, you will have
to come back and formalize a committee with the City of Miami.
Mr. Plummer: But that's on the 4th.
Mayor Ferre: Yes. The reason I don't want to do that now is because if we
formalize a committee right now then the County with some justification is
going to say that we're doing is undermining their position.
Mr. Plummer: But I'm at liberty to start working towards November the 4th?
Mayor Ferre: Yes, but be careful because you've got Sunshine Laws now.
In other words this is a very tentative, tenuous, informal, cursory and
beginning type of a thing, nothing yet.
Mr. Grimm: Mr. Mayor, nzy I make a suggestion that you not call this an
engineering survey but technical guidance so we don't get into the Compet-
itive Negotiations Act?
Mayor Ferre: All rich", Mr. Manager, this is not an engineering, this is
technical guidance and updating of previous material by the person who did
the previous report. All right, Mr. Manager, Mr. Garcia -Pedrosa, did you
want anvthinq else on leaa'?
39. CAS.L SPECIAL CITY OF !11;0!I EL CTICN ON DECEMBER 14, 1982 FOR
= PU POSE OF :ADDITIONAL CITZ CENT SALE'S TAX LEVY.
0
Mayor Ferre: Mr. Garcia -Pedrosa, we're not finished with the one cent sales
tax.
tax. Garcia -Pedrosa: You don't need to do that today.
Mayor Ferre: Why not?
Mr. Garcia -Pedrosa: (INAUDIBLE, NOT USING :MICROPHONE)
Mayor Ferre: No, let's get this over with. Can we take up what you've already
passed oat which is a resolution calling for a Special Election on the 14th
of December? Does anybody have any nroble:es taking that up? Plummer, do you
have any prcble.:s with that?
Mr. Pl•.au;;er: !to, sir.
Mayor Ferre: Does somebody want to move that?
irr. Pl,=ner: `4e've got to 30 it to make the time €rAmo, yoo,
Mayor Ferre: Pla^m:er moves.
Mr. Dawkins: second.
74
SEP 2 31952
MAy6k Ferre: Miller Dawkins seconds a resolution calling and providing
far a Special Municipal Election to be held on the 14th day of December
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 one or more of the following sports/arts and recre=
ational centers, improvement of or addition to the Orange Bowl Stadium in-
cluding new parking, seating and facilities for ingress and egress, the
construction of a coliseum and the construction of an outdoor ariphitheatre,
All right, further discussion? Call the roll.
Mr. Plummer: Well, Mr. Mayor, I think let's make the record very clear
that in no way that this is to indicate this Commission's disagreement
with Metropolitan Dade County but this is to comply with the time frame
which was set forth by the Legislature, if, in fact, the County's ordinance
did not pass it gave the provisions to the largest municipality which we
are and we are only protecting that time frame.
Mayor Ferre: Call the roil.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-862
A RESOLUTION CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON THE 14T4 DAY OF DECEMBER, 1982, FOR
THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE
CITY CF MIAMI FOR THEIR APPROVAL OR DISAPPROVAL OF A ONE
CENT SALES TAX FOR ONE YEAR ONLY, TO FINANCE 0.1E OR MORE
OF THE FOLLOWING SPORTS, ARTS AND RECREATICNA.L CENTERS:
THE IMPROVEMENT OF OR ADDITION TO THE ORANGE BOWL STADIUM,
INCLUDING NEW PARKING, SEATING A:1D FACILITIES FOR IINGRESS
AND EGRESS; THE CCNSTRUCTICN OF A COLISEUM: ThE CONSTRUC-
TION OF AN CUTDOOR ;uNI- HITHEATRr.
(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 :Eller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice-:;ayor Joe Carollo.
75
SEP 2 31082
40. FIRST AND SECOND :LEADING ORDINANCE: INCREASE SIZE Cr CITY OF
RIA111 iTRESTLING & BOXING BOARD FROM 5 TO 11 ME!1BE1%S A140 HAiCING
ONE APPOINTHENIT TO SAID BOARD. '.
r
I '
Mayor Ferre: All right, now, on the boxing thing, have you got the ordinance
before us? I don't have it. I just got a copy of it. I've got the reso-
lution, I just don't have the ordinance. would you describe what this ordin-
ance does?
Mr. Garcia -Pedrosa: Yes, sir, the resolution....
Mayor Ferre: No, the ordinance first.
Mr. Garcia -Pedrosa: You want the ordinance first. The ordinance increase"§
the number of members of the Boxing Commission to eleven.
Mayor Ferre: Is that all it does?
Mr. Garcia -Pedrosa: No, sir, it provides for summary removal, for reimburse-
ment of expenses, it increases the admission tax from 2 to 3% and it provides
that you are to approve rules and regulations which shall be submitted to you
subsequently and we would propose that you do this on First and Second Read-
ing tonight, Ar. Mayor.
Mayor Ferre: Well, why do we need to do it First and Second?
Mr. Garcia -Pedrosa: Because I think you want the Commission to....
Mayor Ferre: Oh, to be in place by November.
Mr. Garcia-Pedresa: Yes, sir, in time to handle the fight.
Mayor Ferre: All right, is there a motion?
AN ORDIN A_NCE ENTITLED -
AN ORDINANCE ANMEN LING SECTIONS 5-47, 5-49, 5-58, 5-59 r-112
5-61 OF THE CODE CF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
BY ENLARGING THE 2EMBERSHIP OF THE CITY OF MI;041 PROFES-
SIONAL BOXINIG ;ND 'o.RESTLING BOARD FROM 5 TO 11 MEMBERS WITH
SAID MEN•MERS BEI,IG SUBj'CT TO REMOVAL WITHOUT CAUSE BY THE
CITY CCX_XISSION7; PROVIDINIG is AT BCAPD NE�2ERS AND THE SEC-
RETARl-TREASURER BE REI:;BURSED FOR ACTUAL EXPENSES INCURRED
IN THE PERFORMANCE OF THEIR OFFICIAL. DUTIES; PROVIDING THAT
THE BC14D REQUIRED TO BE POSTED BY A PROMOTER FOR AN EXHIBI-
TION, CONTEST, ENCOUNTER.R OR SHCW ldAY BE IN THE FORM OF A
SURETY BCN7D; PROVIDING THAT THE ADMISSION TAX BE INCREASED
FROM 21 TO 3% OF THE PAID ADN,1ISSION CHAR= FOR ANY EXHIBI-
TION, CCNITrST, ENCOUNTER OR SHOW; PROVIDINIG THAT RULES AND
REGUTATIC:3S ADOPTED A,,D A.TrMIN:ISTERED BY SAID BOAP.D BE AP-
PROVED BY THE CIA7Z CCN•LMISSION BEFORE BECOMING EFFECTIVE;
CONITAIN;INIG A REPEALER PROVISION; A SE`�R.ABILITY CLAUSE;
AND DISPEN:SINIG WITH Ti:E RrQUIRExENT OF READIING S:•%1,W ON 2
— SEPARATE DAYS BY N AFFIRMATIVE VOTE OF NOT LESS THAN FOUR-
FIFTHS CF THE CF riE CCIAIMISSIONI.
- Was introduced by Co: ynissiorer Pl,-, ner and'seconded by Commissioner Perez
P for adoption pursuant to Section 4, Paragraph (f) of the City Charter, dis-
pensing with to requirement of reading same on two separate days by a vote
of not less than foux-fifths of the re:rbers of the Commission -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Pl�:mmer, Jr.
Mayor Maurice A. Ferra
NOES; None,
APSENT; Vice_Mayer J5+0 c4roll o,
_SEP 2 31982
Wh@ 606h the Gomiiii.ssion, .on motion of Commissioner Plummet and tdwhded
by Whti.WOttr Perez, adopted said ordinance by the following votdi
A08. Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOW done,
ABSENT: Vice -Mayor Joe Carollo.
SAID ORDINANCE WAS DESIGNATED ORDINANCE No. 9496,
The City Attorney read the ordinance into the public record
aAd *nnounced that copies were available to the members of rj%t City Commission
and copies were available to the public.
Mayor Ferre: All right, now we have a resolution here about the recommenda-
tions and the five that are being appointed are Dr. Jose Rodriguez -Acosta
who I'm appointing, Armando Galvan who Carollo is appointing, Al Goodwin,
Plummmer's appointment, Jeffrey Watson, Cawkins' appointment and Orlando Sanchez
is Perez's appointnent. Now on the back page we've got the following: Armando
Merino by Ferre and I'm goin5 to add Harry Lizaridi, Mr. Santiago Villazon by
Carollo, Gene Marks by Plummer, George Sands by Dawkins and Perez, you are
missing an appointment.
Mr. Perez: Yes, I'll make it tomorrow.
Mayor Ferre: There's one missing and he'll :sake that tomorrow, we'll have
to formalize it later on. All right, is there a motion?
Mr. Garcia -Pedrosa: Mr. Chairman, you also need to name the chairman, on
page I you'll see item (b) has a blank.
Mayor Ferre: I haven't got the foggiest idea, let them select their own
chairman, tell them to meet and recommend a chairman and then we'll appoint
him. Ckay, is there a motion to this effect?
The following motion was introduced by Commissioner Dawkins who moved its
adoption:
MOTION NO. 82-683
A MOTION APPOINTING MR. HARRY LIZARIDI AS A MEMBER OF THE
CITY OF MIAMI PROFESSICNAL WRESTLING AND BOXING BOARD.
(Note: This appointment was Mayor Ferre's appointment.
Pending only one more appointment to be made by Commissioner
Perez) .
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.
Mayor Maurice A. Ferre
NOES: store.
ABSENT: Vise -Mayor Joe Carollo.
77 SEP 2 31982
0 i
41. FORIIALIZING RESOLUTICN - ALLOCATE $42,745.00 AS CATCH GRANT :OR
"50TH A<NZ UAL ORAMVGE BLOSSOM CLASSIC PARADE".
i
Mayor Ferre: Now, what is the next thing you've got, 11r. City Attorney?
Mr. Garcia -Pedrosa: Sir, we have placed before you a resolution formalizing
your earlier motion on the Orange Blossom Classic.
The following resolution was introduced by Commissioner PIummer, wh6
moved its adoption:
RESOLUTION NO. 82-884
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEC-
ESSARY SUPPORT AGREEMENT SETTING FORTH THE CONDITIONS UNDER
WHICH THE CITY IS TO EXPEND THE SUM OF $42,745 ALLOCATED FROM
SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LIFE PROGPXM-CITY
WIDE EVENTS, AS A GRANT OF CASH ASSISTANCE TO FLORIDA A AND M
UNIVERSITY ALL'%N-1 ASSOCIATION, MIAMI CHAPTER, THE SPONSORING
ORGANIZATION, IN SUPPORT OF THE 50TH ANNUAL ORANGE BLOSSOM
CLASSIC PARADE TO BE HELD .NOVEMBER 6, 1982.
(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. Plutmner, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: NONE.
42. E:;RGENCY ORDINANCE: PROHIBIT STANDING IN LINE IN FRONT OF
OFFICES OR COT!ERCIAL ESTABLISHZENTS WITHIN CITY LIMITS
FOR PROFIT.
Mr. Garcia -Pedrosa: Next we have an emergency ordinance, Ms. Mayor, concern-
ing the problem with the I.N.S. lines.
Mayor Ferre: all right, this is the I.N.S. problem. It is an emergency ord-
inance anending Cha.tar 37. What does this do, M.r. City Attorney?
Mr. Garcia -Pedrosa: Sir, this is the Offenses Chapter of the Code and this
adds a section which, of course, is stated in the ordinance itself and basically
it renders not valid that particular occupational profession.
Mayor Ferre: Xr. Manager, are you recor.-rending this?
Mr. Gary: Yes, sir.
Mayor Ferre: is thlS the one you came tlp with last time that we didn't have
time to pass?
Mr. Gar, : we jointly did it, yes. We didn'thave €oqr votes, we hAd three
members.
78
CEP 2 3 1982
M-4 ORDINANCE ENTIV120=
AN EMERGENCY ORDINANCE AMENDING CHAPTER 37 OF tHE CODE 0
THE CITY OF MIAMI, FLORIDA, AS AME*=D, BY THE ADDITf6N
OF A ITEW SECTION 37-70 ENTITLED "STANDING IN LINE FOR
PROFIT", PROHIBITING 'rHZ STXII)IiiG IN LINE FOR VALUE 1N
FRONT OF AN OFFICE OR C0M ERCIAL ESTABLISHMENT WITHIN THE
EITH OF MIAMI; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner Pll=er, =_
for adoption as an emergency measure and dispensing with the regUireft1ent of
reading same on two separate days, which was agreed to by the following
Vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plurmer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo.
Whereupon the Com-u ssion on motion of Commissioner Dawkins and seconded by
Corraissicner Plu=xner, adopted said ordinance by the following vote -
AYES: Commissioner Miler J. Dawkins
Comxu. ssicner Demetrio Perez, Jr.
Commissioner J. L. Plu=ner, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo.
SAID ORDINXXE WAS DESIG".A=D CRDINANdCE NO. 9497
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
43. APPOINT ATHA-1IE R;LNGE TO SERVE AS MEMBER OF BOAF:7 1F DIRECTORS
OF TF'.= IDOW TC ZNI DEVELC2`! NT AUTHORITY.
The following resolution was introduced by Commissioner Plu=ner, who
moved its adoption:
RESCLUTIGN NO. 82-685
A RESCLUTI24 APPOINTING XURS . AT.'iALIE RANGE TO SERVE AS A
.1=1.BER OF TFW BCARD OF DIRECTORS OF THE DCWNTCWN DEVELOP-
MENT AUTHORIT':' OF THE CITY OF MIAMI FOR A TER'd EXPIRING
JU'NE 30, 1986.
(Here follows body of resolution, cmitted here and or, file
in the Office of the City Clerk.)
Upon being sect^ded by Co ._issioner Perez the resolution was
passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plumamer, Jr.
"Iaycr Maurice A. Ferre
,ICES: Corm_; ssicner Miller J. Dawkins
ABSrir'T. Vice --Mayor Joe Carollo
79 SEP 2 31982
0
['44. BRIEF DISCUSSION ITEIi: SOCIAL SERVICE=L�iD2:1G/:EDEFI,
REVENUE SIMMI.ING FUNDS FY' 82-83.
.+ FL•_L".tip .l�L ti'lt �H1.. _7_:.ti
Mayor Ferre: How about Item E, Federal Revenue Sharing, what is this?
Mr. Gary: That's something that Commissioner Plummer asked to be brought up.
Mr. Plummer: We haven't discussed it yet. When are we going to discuss it?
Mr. Gary: As I said before, the action requested of the City Cornission at
the last meeting was merely an accounting technicality in terms of appro-
priating Federal Revenue Sharing Funds in a special account. Those were
1982 Federal Revenue Sharing dollars. With regard to 1983 dollars, Commis-
sioner, you will address that in this year's budget. The portion that you
were concerned about, particularly Social Service Programs, there is an allo-
which is the same we gave them last year.
cation of approximately $1,000,000
We have not proffered the allocation system for those funds because that is
normally done in the month of November. So you still have the option of
deciding whether you're going to grant $1,000,000 of social service programs
of not and that's to be done at the budget.
what I wanted to know, and I thought I made it very
,.jr. Plu.-nmer: .s. Gary,
nd when
clear, I want to know between now aatshasmoney
been appropriated hastnot
end of this month, how much o_Fthat money `
been used.
Mr. Gary
I di-dn't understand that to be a question.
Mr. Plurrner: well, that was very simple, I brought out the case of one indi-
vidual organization who found themselves in the last 72 hours with $38G,000
that if they didn't spend they were going to lose and get that much deducted
from them the following year. tIcw, how much of this money that's allocated...
Mr. Gary: There's no organization that gets $382,000.
Mr. Piu.=er: I don't care if it was a long time ago, I'm talking about
right now. I want to know how much of this money, of the 1982 appropriations
has not been used.
Mr. Gary: I'll get that information to you tomorrow.
it tomorrow. We're going to have a new
Mr. Plummer: Fine, we'll vote on
Scarface around here.
$0 SEP 2 31992
0 0
45, ACCEPT RECCMLLLENDATION OF ADMIMISTnATICN TO DESIGNATE LITTLE
HAVANA TO BE INCLUDED IN THE "G?.EAT NEIGHBORHCODS PROGRA!V .
Mayor Ferre: All right, now we've got Dena, we have to satisfy Commissioner
Perez' request.
Ms. Dena Spillman: We did an exhaustive survey of Little Havana once again,
as a result of your request of the last meeting and we discovered that all
areas of Little Havana are completely developed and we could not find a vac-
ant site that was appropriate for the Affordable Rental Housing Program.
We did find two sites that we thought were appropriate for housing which
would have involved condemnation, relocation and moving people out of their
homes and which we didn't think the City Commission wanted to do. Our counter
recommendation to you is that we make Little Havana a priority area in the
area of multi -family housing, rehabilitation and that we designate 70 units
minimally from the Cuban/Haitian Program to go to Little Havana and a min-
imum of 25 units which we have just received from HUD on the Rental Housing
Demonstration Program so that Little Havana will be getting 100 units of
rehabilitated housing instead of participation in the Affordable Rental Pro-
gram and that in the future any funds that we receive for multi -family hous-
ing be given on a priority basis to Little Havana.
Mr. Perez: That is the project that you mentioned that is the Great Neigh-
bonccods Program.
Ms. Spillman: No, that's a different project, that is a single family....
Mr. Perez: That's single family.
Ms. Spillman: ...and if the Commission so desires or directs me, a portion
of Little Havana can be made a Great Neighborhoods Area and we can offer
single f.,mily loans in that area, I'm sure it will be a very popular program
there.
:4ayor Ferre: Commissioner Perez wants to make a motion?
Mr. Perez: I would like to make a motion to have Little Havana as a prior-
ity in the part of the Great Neighborhoods Program. We are going to sacri-
fice the Little Havana in the Affordable Rental Housing, but we understand...
Mr. Dawkins: Stop talking hefore I take my second away.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Perez who moved its
adoption:
:LOTION NO. 82-886
A MOTION ACCEPTING THE RECCM-MME iDATIC:i OF THE ADMINISTRATION
TO DESIGNATE LITTLE HAVANA AS A PRIORITY AP.EA TO BE INCLUDED
IN THE "GR AT NEIGHBCRECOD PROGR;V'V -
Upon being seconded by C--.=issicner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Cor=ssio. er J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: :none,
xzsE.NT: vice -mayor Joe Carollo,
S1 Sto
EP 2 31982
El
11
46. SECOND READING ORDINANCE: ELIMINATE PERMISSIVE USE OF t
1 BARBED WIRE FENCING IN RESIDENTIAL NEIGHBORH00DS. b '
i
� t•
3 7,7 .t 77' 77'r.:i"':�►•. 7 l.:.L .1._:.r--
Mayor Ferre: We're at the 5 O'Clock hearing then, is that correct? All
right, we're at the 5 O'Clock hearing. The item before us is Item 23, the
_ first item. It is an ordinance on Second Reading that eliminates the per-
missive use of barbed wire fencing in residential neighborhoods. Now, what
are the issues in this?
Mr. Joe McManus: Mr. Mayor and members of the Commission, this is before
you now on SEcond Reading. At first reading there was some discussion about
this item and the general direction from the Commission was that if there
were to be barbed wire fencing in residential districts you preferred to have
certain restrictions on it, we're suggesting Conditional Use approval be tied
in. So what we have added to the language on Second Reading is that in all
residential (R) Districts, the provision of barbed wire fencing located along
the top of a fence or wall requires conditional use approval. That is the
only add -on going from First to Second Reading.
Mayor Ferre: So in other words if somebody really feels that he or she has
to have barbed wire to feel safe in their home that they can do it on a con-
ditional basis.
Mr. McManus: Yes, sir.
Mayor Ferre: But they've got to come and get permission to do it rather
than....
Mr. McManus: That would go through the Zoning Board, yes.
Mr. Plummer: As I understand, each one will come through us, right?
Mayor Ferre: Yes.
Mr. McManus: No, it would be Conditional Use approval through the Zoning
Board as it is presently proposed.
Mr. Plummer: Make it through us and then I'll vote for it.
Mayor Ferre: No, Plummer, do you want to spend hours here hearing all these
people wanting.......
Mr. Plummer: Okay, I can always take an appeal. The Cox.=ission can take
an appeal at any time, right?
Mr. McManus: Correct.
Mayor Ferre: I don't want to hear barbed wire cases. All right, who wants
to talk on this? Anybody.
Mr. Plummer: Here core old thorny.
Mrs. Marilyn Reed: The old trouble maker, Marilyn. Reed, 3183 Mc Donald, for
the record. I like the way the ordinance is written, however, I would like
to see it just a little bit more strict and my recommendation would be that
under the Conditional Use that we give the staff some guidelines and require
a police report where a person has been a victim of crime and a vine cover
on the wire.
.Mayor Ferre: Marilyn, that's just pure bureaucracy. If a little old lady,
with all due respects to you, with tennis slices, in Ccconut Grove :eels
that she has to have a barbed wire fence because she doesn't like her
neighbors or the clogs .....
Mr. Pl,—,-=er: Marilyn., will you put on your tennis shoes, please? This is
where it all came about. Marilyn wants to put 440 electricity to it with
a moat with ally gatcrs,
M,rs. Reed: You are the one that =uggested that, you were going to get me
in tr'oi=rle, [1�
-- SEP Z 3 1982
rt
11
El
Mayor Ferrei And if somebody in Little Havana wants to have a barbed wire
fefide around their thing I think they ought to come and get permission and
they've cot to prove that there's a lot of burglaries and what have you but
we're not going to get FBI reports and a police report and CIA reports.
Mrs. Reed: Well, if you're happy with it the way it is I'm perfectly happy
with it.
Mr. Plummer! Move it in a hurry.
Mayor Ferre: Next speaker, we've got another speakor. This isnot on barbed
wire. Any other barbed wire speakers? All right# who wants to ffiove this
Mr. Plummer! In a hurry.
AN ORDINANCE ENTITLED -
ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF MIAMI, ARTICLE IV, SECTION 17
(ENTITLED "FENCES, WALLS AND HEDGES"), SUBSECTION (4),
IS HEREBY AYZNDED BY DELETING EXISTING SUBSECTION (4) AND -
INSERTING IN LIEU THEREOF A NEW SUBSECTION (4) ELIMINAT-
ING THE PEPUMISSIVE USE OF BARBED WIRE; EXCEPT FOR CONDI-
TIONAL USE APPROVAL IN RESIDENTIAL DISTRICT; BY ?,=ING THE
NECESSARY CHANGES IN TINE ZONING DISTRICT MAP MADE A PART
OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION _
IN ARTICLE III, SECTION 2, THEREOF, AND BY REPEALING ALL
ORDINANCES, CODE SECTICNS, OR PARTS THEREOF IN CONFLICT
AND CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of July 29, was
taken up for its seccnd and final reading by title and adoption. On motion of
Commissioner Plu..:mer, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Jce Carollo
THE ORD1N'-::CE WAS DESIGNATED CRDINANCE NO. 9498.
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Commission and to the
public.
NOTE: Ordinance No. 9499 has been assigned to Item #49. This was done in
order to assign 9500 to the new Comprehensive Zoning Ordinance for
easy reference as it will be referred to for many years.
SEP23198
2
47, REPEAL CV[PPZHEINSIVE ZONING ORDIi'ANCE 6871, Au AMENDED, AND
SUBSTITUTE TKEREFCR A tisia ORDItiANCE 1U40rX-N AS "THE ZONING
ORDI`;LNCE OF THE CITY OF tiIAMI, FLORIDA".
Mayor Ferre: All right, we're now on Item ;24.
Mr. Joe McManus: Mr. Mayor and members of the Commission, to open the dis-
cussion, I'd like to introduce Dr. Ernest R. Bartley, consultant for the
City for the proposed Comprehensive Zoning Ordinance.
Mayor Ferre: Dr. Bartley. Listen, by the way, that barbed wire thing, does
that take 30 days to go into effect?
Mr. Percy: Yes, sir.
Mayor Ferre: So in other words I've got to get any barbed wire Up before thahr
right?
I Perez-Lucones: Right.
Mayor Ferre: All right, thank you, sir,
Dr. Ernest R. Bartley: Mayor Ferre, members of the Commission, my name is
Ernest R. Bartley, 1050 S. W. llth Street, Gainesville, Florida, consultant
to the Commission in this .;tatter of a new Zoning Ordinance. Chapter 163.3194
of the Florida Statutes, otherwise known as the Local Government Comprehensive
Planning Act requires that all implementing actions for the adopted Compre-
hensive Plan be in accord with that plan. The City of Miami has adopted a
comprehensive plan in conformity with that State requirement. One of the
reasons why fcr the past four and a half years or so work has been proceeding
on a new Comprehensive Zoning Ordinance is, of course, that State requirement.
It has been necessary to bring Miami's zoning as expeditiously as possible
into conformity with your adopted plan. I'm not going to spend a whole lot
of time talkinc here because heavens only knows the number of words that have
been involved in the nunercus public hearings of the Planning Advisory Board,
of this Commission, all of the information over the last several years which
has been disseminated to the citizenry, the action of this Commission in pass-
ing the ordinance on First Reading, this is the culmination of a very long
term effort, contributions by citizens advisory committees appointed by this
Commission. I really think beyond that, Mr. Mayor, and just impressing every-
body on the amount of time and effort, public hearings and communications,
everything that has gore into this now for four and a half years, this second
or final stace of possible adoption, I think it is better for members of the
Planning Department and myself to stand ready to answer questions the public
may have rather than me spending further time here in explanation. -.hark
you.
Mayor Ferre: All right, thank you, Dr. Bartley. Does the administration
wish to add anything else?
Mr. Reid: No comments.
Mayor Ferre: All right, are there merbers of the public that wish to be
heard on this item? Yes, .:,a' am, step forward.
Ms. Martha Augenstein: "x. Mayor, C;n:nissioners, City Manager, I have lived
on S. W. 13th Street in the City of ;iami for the last ten years.
.x . raid: Wcu13 you give your na a and address.
Ms. Augenstein: `".artha Augerstein, 2463 S. W. 13th Street. It is a nice
neighborhood exzept for the problems brought about by one neighbor. This
neighbor lives with four or more unrelated adults in the front house while
renting out a legal non -conforming house in the rear to any number of un-
related adults. Year by year the problems have multiplied. This year a
house was severely gutted b-1 fire and plundered. A car was stolen and
others were repeatedly vandalized. :tomes have been repeatedly burglarized.
The street has had a :passive parking problem and we have been awakened at
night by :ten running up and down the street shooting in the air. Dr-anks
can be seen on the street all through the day and night. This has beer. a
good neighboncc.d gut it is generally being ruined because the law allows
84
rt
SEP 2 31932
dVefdfowding: There ate, in fact, worse problems from overcrowding in
neighborhoods where there is a main house plus two and even three non"
conforming houses on the property. Under the present law an unlimited hum -
bet of related adults can live in one house and at some time people, rather
at the present time, some people are all related when it is to their advant=
age. It is a sociological fact that high density and overcrowding bring
crimes of all types into a neighborhood as well as a city. Miami has a
high crime rate because its housing laws permit it. The police force, no
matter how good can only be as effective as a band -aid on a cut juggler
vein when the cause of crime is allowed to remain. Tourists are not at-
tracted to unsettled locations and massive tall buildings alone do not bring
safety, peace and tranquility to an area. The people who have written the
newly proposed zoning laws have not taken this problem into consideration
and I find this neglect criminally irresponsible. The new ordinance should
not be passed until provisions for correcting the overcrowding problems have
been added. At present, the Dade County minimum housing laws for Dade County
— are poorly enforced, incredibly ineffective and too weak to correct our over-
crowded situation. They are not being enforced by Dade County HUD workers.
A new housing standard must he written for the City of Miami and it should
be incorporated into this new zoning oridnance. Then it must be strictly
enforced by the City of Miami. The number of adults, related or not, living
in each house must be limited. I believe the officials in Miami and in Dade
County in general must first understand and above all he convinced that
neither the City or the County have the responsibility to provide housing
for all the people who come here and wish to settle. Their first duty is to
the original citizens. When suitable housing cannot he provided for new-
comers, they must be encouraged and helped to relocate. Afterall, Miami is
not the only place where people can find freedom. If good housing laws are
enacted and enforced, the newcomers will have to look elsewhere. Conditions
which are created by such living arrance-ments are not only unfair to the
citizens in general, but are completely demoralizing to the individuals who
cannot find a suitable place to live. In order to correct this excessive
overcrowding, I propose the following: No more non -conforming dwellings
may be built; no more than four adults may live in the main house on a prop-
erty, only two adults may live in a presently existing non -conforming units
of a property unless there is 100 feet between the neighboring properties
on either side. If the 1C0 feet exists then four adults tray live in a dwell-
ing if it is structurally adequate. Laws are made for people and when the
laws do not serve the cormion good and are harmful and useless they must
change. Cur present situation will not go away, it will only worsen unless
we do something now. We can and must make every effort to bring about laws
which will serve the well-being of all the citizens and once again restore
peace and tranquility to this area. This in the long ran will make Miami
an attractive place to visit. If changes are not made, who knows, you may
be the next victim.
Mayor Ferre: all right, thank you for a carefully thought out and written
statement.
Ms. Augenstein: Well, I think it should be studied.
Mayor Ferre: I'm going to ask Dr. Bartley to address it and then I'm going
to ask the City Administration to address it right now.
Ms. Augenstein: Thank you very much.
Mayor Ferre: Ckay, Cr. Bartley.
Dr. Bartley: First of all, the definition of family found on page 36-10 and
11 of the Zoning Ordinance on Second Reading starting lines 27 on page 36-10
defines fx ily. This is the standard definition of family. A family is one
or more persons occupying a single dwelling or lodging unit provided that un-
less all members are related by blood or marriage no such family shall con-
tain over S persons (including servants) and then there are some other provi-
sions. Basically this is what the previous speaker is speaking to. Let us
understand, first of all, that there may be no Tragic in the figure S. I have
seen figures as luw as 3 and I have seen higher figures but it is necessary
when you come to related persons to be extremely careful. We have a United
States Supreme C urt decision which says in effect, "Where persons are related
by blood of :carriage and do constitute a family, even thougn tnat relation-
ship may be once or twice removed, that under those circumstances zoning can-
not be used to limit the size and number of those related persons." Now, I
think the lady is speaking not to zoning which is being asked to carry too
mAny pails of water anyhow, I think she speaks rather to minimum sousing
codes and in a situation of: overcrowding with related persons the .appropriate
85 SEP 2 3 1982
ordih&hde is not zoning but the appropriate ordinance is the taihimur: houta
ing code. To that I ant not speaking today, I am not familiar with your
mini;iium housing code nor am I familiar with the minimum housing code of
Dade County and even under those circumstances the matter becomes one of
enforcement. In terms of unrelated persons occupying a single dwelling
unit, the figure set by this ordinance before you is 5. As I say; I would
not argue for that one way or the other but some figure must be set other=
wise there is no control at all in terns of the numbers of unrelated per-
sons who may live in a dwelling unit. But be extremely cautious in terms
of a supreme court decision coming of Rising Ridge in Leland, Ohio involy-
ing a grandmother, a grandson and one thing and another, be extremely care"
ful when you try to limit by zoning the number of related persons who live
in a household. Thank you.
Mayor Ferre: All right, Mr. McManus or Mr. Reid, is there anything else
you want to add to that statement?
Mr. Reid: [ would agree with the assessment of the consultant, that this
is something that really should be dealt with and attacked primarily in
the Dade County Minimum Housing Code and I think we could certainly look
into it from the City's point of view....
Mayor Ferre: I think that the lady has a valid point, I would reject the
under -toned connotations that may be ethnic in nature and aside from the
ethnic connotations I think the basic statement was valid nevertheless.
In other words, you know, let people go and seek freedom somewhere else,
we can do without that but I think the other stuff has a fairly valid
underlying statement and I think that we ought to bring that up, you study
it and bring it up for discussion and perhaps we might have a recommenda-
tion to the Dade County Connission on that issue. Is that acceptable to
everybody? Any other speakers at this time on this public hearing?
Mr. Herb Long: :Mr. Mayor and members of the Commission, my name is Herb
Long. I am the President of Mercy Hospital. My residence address is 7960
S. W. 172 Terrace, Miami, 33157. My interest in this ordinance is that we
understand that this would limit the height of any new structures we might
wish to build on hospital property to a height which is less than the cur-
rent Mercy Office Building for physicians. I don't knew what the planning
group has reco=ended as the maximum height but I think it is less than
this building of ours which is 125 feet. I respectfully ask the Coaanis-
sion to permit us, should the occasion arise to again go to a building of
that height on our premises. We think this may very well be necessary in
the not too distant future for another office building. So on behalf of
my board of trustees I hope you will agree to permit this to be done.
Mr. Plummer: Why don't we ask the department to get a clarification.
:Mayor Ferre: Mr. McManus, can you shed some light on this?
Mr. McManus: We have suggested a Special Public Interest District for the
Mercy Hospital area, height limit of 80 feet, we had some preliminary dis-
cussions with mercy Hospital with the idea of perhaps adjusting that to
110 feet, unfortunately, we are too late in our ordinance process to ac-
complish that adjustment but we are relatively open to that at future time
to again revisit that. I would add though, I would recommend though, that
given the location. of Mercy in that area that we do not, we're not talking
here about carte blanche in terms of height because we wart to have some
control of the :.ei:.ts o buildings at Mercy.
!Oz. Long: . Okay, my understanding is that the 80 feet was arrived at
with some kind of erroneous conclusions as to the height of each floor of
the office building so if there is any opportunity to review this and re-
v1se it to agree with the actual height of that building I would appreciate
Mr. McManus: We'll be happy to revisit that
Mayor Ferre: All right, any other speakers?
Mr, Mark Aronson: My name is Mark Aronson, I'm here on behalf of some prop-
erty owners on the 4200 block of N.W. 7th street, that is directly west of
Le Jeure Road, We have previously submitted letters to each Commissioner
and to Mr. 'Whipple and the Planning and Zoning Board regarding the proposed
4cn4.nq of that whole block on N.W. 7th Street. Zoning has recommended that
a further study be done after the passage of this ordinance between 37th and
47th avenues to see whether a commercial zoning would be more appropriate.
S6 SEP 2 31982
r*
It is tight now a, there are various ibning classifications on that btfeet,
it just appears to us that after all the time and effort in getting this
ordinance before the Commissioners to pass an ordinance and them immediately
start amending it is a little ludicrous. We have been discussing this with
the Planning and Zoning Board for almost a year. They have recommended fur-
ther study, we feel that it is clearly an area that should be re -zoned com-
mercial.
Mr. Plum-ner: Mr. McManus, let me ask you a question. It is my understand"
ing that the Planning Department had a lot of additions that they wanted to
Make to this Master Plan, that you had revisited a number of areas, you
spoke of Mercy Hospital, but that it was too late, that the City Attorney s
Office had indicated that too many changes between the First and Second
Reading would constitute going back to the First Reading, I guess, is that
correct?
Mr. McManus: I prefer the Law Department to answer that.
Mr. Plummer: No, first I'm asking of you....
Mr. McManus: Well, that is my understanding, Mr. Commissioner, yes.
Mr. Plummer: Was it not my understanding correct that you, your Department
had a number of areas that you wanted to revisit in this Master Plan?
Mr. McManus: Yes, sir.
Mr. Plummer: Okay, fine.
Mayor Ferre: Well, how do we address that?
Mr. Plu::¢ner: Well, I'll tell you what I'm going to do, I'm going to make a
motion that we do, in fact, go back to First Reading so that as this man
says here, we're about ready, or could be in the position.....
Mayor Ferre: I'm with you.
Mr. Plummer: And taking this thing and no sooner do we pass it and wham-o
we're back to modifying it.
Mayor Ferre: I'll tell you what I think we ought to do, Plummer, so that
we don't hold up other people's property. I think we ought to pass this
on Second Reading and then come back and amend it on First and then start
with the First Reading and Second Reading with the 25 amendments that you
have.
Mr. Plummer: No, you can't do that, that's what they're saying that you
can't do.
Mayor Ferre: why can't you do that?
_ Mr. Terry Percy: Mr. Mayor, there are pending zoning changes to the map and
to the existing Zoning Code right now that have not been physically incor-
porated into this new proposed ordinance that at one point will have to be
picked up.
Mayor Ferre: That's precisely my point. In other words we go ahead and do
Mr. Percy: But there has to be a moratorium, we have to stop to get it all
to the printer and get it all incorporated without having to come back with
a mop up.
Mayor Ferre: Hey, how long have we been playing with this thing now, Mr.
McManus?
Mr. McManus: It has been up to the Commission now about eight or nine
months.
Mayor Ferre: No, we've been at it for years.
Mr, Plummer: We held the public hearings in what, November?
Mr, McManus; Decemhe�,
87
SEP 2 31°82
rt
MAyof Fertet Yes, but that's the flare recent stuff, I mean we've been play
inch with this now going back to Rose Gordon and I hardly temembet what she
looks like.
Mr. Plummer: I'm sure if she walked in here you would vividly recall, espec-
ially if she was escorted by Manolo.
Mayor Ferre: Well, I remember what he looks like, that's a little bit
fresher but I don't remember what Rose Gordon looks like and that's how
long it has been.
Mr. Percy: Mr. Mayor, if I understand your suggestion in terms of going
ahead today with Second Reading, that would necessitate one amendatory
clean up to the then adopted ordinance.
Mayor Ferre: All right.
Mr. Percy: Which would have a synchronized effective date with the proposed
ordinance six months in the future.
Mayor Ferre: I go along with that because I think if we don't do this,
J. L., I think what is hurt by us not acting is a lot more and I'realyze
that there may be ten or twenty other wrendments that are forthcoming in
the future but doggone it, we need to move on this thing.
Mr. Plummer: Well, am I understanding you then to say that we pass this
on Second Reading and then we have the Department initiate for the collect-
ive group of things that you wanted to address but couldn't?
Mayor Ferre: Yes.
Mr. McManus: Yes, sir.
Mr. Perez: In this way the people will have opportunity to be ....
Mr. Plummer: So then what we would be asking here today is only for those
people who have any objection to what is being proposed.
Mayor Ferre: Precisely. And then we'll address all these other issues,
the 25 issues that you have....
Mr. Plur^.mer: So we'll live to fight another day.
Mayor Ferre: But at least we're moving.
Mr. Aronson: Just for clarification, you are going to have Second Reading
passage as is and then we're going to return to amend after passage on these
items? Okay, it seems a little ludicrous, but....
Mayor Ferre: I agree but the alternative is for us to just keep on going
in this limbo stage and I think that's bad news. I'd rather get on with
the hundreds of things that we need to get done and then amend the 20 or
25 things that we've slipped on rather than just hold everything up.
Mr. Aronson: I can understand that. Thank you.
Mayor Ferre: Thank you, sir. Next speaker.
Mr. Tom Walsh: Mr. 24ayor and Co=issioners, my name is Tom Walsh, I am
appearing here tonight on behalf of Ackerley Communications. My address
is 5800 N.W. 77th Court, Miami, Florida. We have appeared before this
Corvassion at public hearings on December 15, 1981 after reviewing the
proposed Comprehensive Zoning Ordinance. We are seeking four changes to
the sign prc,visicns of the master code, we have had opportunity to meet
with the Planning Department and with the City Law Department and we have
given them i-for-nation that they have requested based on past history here
in Miami. The effect of the sign zode amendments that we're seeking is
to maintsi- t e stags _uo =or our business and like businesses here in
the City of Miami. We have done our survey of business that we do locally
and the number of people that we employe locally and all of that is con-
tained in reports that we'll give you again that you previously received.
The four charges that we seek, and I g•.;ess they are amendments to the Code,
are the inclusions of the CR-2 and CR-3 zones as a permittable use for
outdoor advertising signs. We are looking to grandfather rather then
amortize non -conforming structures. We are seeking to maintain the per -
mitred use of two sign structures rer lot as per the current code and we
S8 SEP 2 3 1982
rt
ate asking for an elevation in the height limitation: the proposed Code
"says 25 feet, we're asking for 60 feet in overall height: We're going td
distribute our research that we've previously done that Mr. Whipple has
asked us to do and our proposed amendments to the Commission for their
review at this time.
Mayor Ferre: Mr. Whipple?
Mr. Richard Whipple: Mr. Mayor and members of the Commission, we have
reviewed these requests that have come from Ackerly Advertising and we
have several problems with them in the new ordinance just as we would
have a problem with them under the existing ordinance. We have not in=
eluded in those suggestions in our series of recommendations, we feel
that additional time will have to be spent on this item particularly in
light of the circumstances and the history regarding the suggested amend-
ments and the sign regulations that we're working under at the present
time. As this Commission might be aware, there is still pending litiga-
tion regarding sign removal of ground signs, general advertising and
roof signs, general advertising which is still working through the court
system. Our concern is one of the potential impact of these regulations
upon those suits in addition to our general concern that we do not feel
that these amendments are in the best interest of the City and the general
public at the present time.
Mayor Ferre: My problem in all of this is that I've just gotten this,
this is kind of complicated and obviously involves document and I don't
know how in the world we can react to it right now. May I suggest a pro-
cedure? Since we're coming back to revisit other issues, could we include
this series and then consider them at that time?
Mr. Whipple: Lo you want an evaluation at that time, a recommendation
from staff specifically?
Mayor Ferre: Sure, I mean I can't react to this right now, I don't have
any way to react to it.
Mr. Plummer: Well, Mr. Mayor, let me .... talking about a number of
items that are going to have to come up in a grouping and as it stands
right now, to the man from the company, if, in fact, we make any major
changes then the City Attorney says that we are back to First Reading.
Okay?
Mr. Walsh: Yes, I understand.
Mr. Plummer: ;tow, I think what is being said and has been agreed upon
here is that we will pass this as it is and then in a grouping consider
any other amendments to this in a package. Isn't that what I understood?
I don't think we're at liberty, if we're going to follow that game plan
tonight to do anything here tonight other than to direct you to get with
the Planning Department for that package when it returns.
Mayor Ferre: Do you have any problems with that, Jim?
Mr. Reid: Not at all, and I would remind the Commission that this ordin-
ance has an effective date six months from the time it is filed with the
State so there is ample time to work on these problems.
Mr. Walsh: May we meet with, perhaps meet with the Planning Department
and come up with a joint proposal?
Mayor Ferre: Absolutely, if you can convince them.
Mr. Plummer: Well, you can meet with them, whether or not you convince
then you'll still have the right to come back before this Commission if
they don't agree with you.
Mayor Ferre: Ckay? :hank you. Any other speaker on this issue? Yes,
sir.
Mr. Nichclas Frantzis: My name is Nicholas Frantzis. I live at 1350 S. W.
Ind Avenue. M:. Mayer, members of the Commission, members of the Planning
and Zoning _epar ;^pent, I would like to thank you and congratulate you for
accepting all these new ordinances. I think they are very vital for the
growth that is expected in the great City of Miami. Without these new
ordinances the City of Miami is held back to a small town and will give
the chance that we have no%,, any place else but to maintain for ourselves.
89 SEP 2 iQ82
0
t th&hk you very much and I hops that you will pass this ordinande tonight
and we'll keep on moving. Thank you vee much.
Mayor Ferre: Thank you. Now, does anybody else need to speak tonightl
You two ladies, are you sure you don't want to stop, you don't want to
hold it up a little bit longer?
INAUDIBLE COMMENT FROM T'HE AUDIE14CE
Mr. Plummer: I move Item 24.
Mayor Ferre: All right, without any futth6r speakers thefi there is a m6ti6h
_ on item 24, is there a second?
Mr. Dawkins: Second.
Mayor Ferre: It has been seconded by Miller Dawkins, further discussion
Read the ordinance.
Mr. Perez: Mr. Mayor, could I leave some recommendation before taking the
vote, for the time that they have opportunity to meet with the community?
First, I think that it is very important they try to reach in our own case
the Spanish community. I think that we have a lack of understanding in
the Spanish community about the new zoning regulations and I think that
Mr. McManus and Aurelio are very familiar with the questions that we re-
ceived in the hearing at Bayfront Park. Also, I have three recommendations
that I would like to set in the record about this issue. First, that we
take the step to increase the R-2 district in the Little Havana area and
in other parts of the City where the concept or the extended family usually
results in the conversion of rooms and garages to be used for in-law parents
of married children.
Mayor Ferre: Where is that lady, you'd better.... I hope she's gone.
Mr. Plummer: She's out there getting her spears sharpened up.
Mayor Ferre: She's going to send you to Orlando.
Mr. Plummer: She's picketing all private schools.
Mayor Ferre: She's going to send you to Orlando if she knows you're propos-
ing that.
Mr. Perez: That we should explore the possibility of permitting mixed resi-
dential and commercial uses not only in some of the downtown and Brickell
area but in other parts of the City as well. The third one, to explore the
possibility of allowing high-rise residential buildings in parts of Little
Havana and Liberty City and in other neighborhoods where it may be possible.
But I would like to prcmote the opportunity that these people :meet with the
different Latin institutions and be more accessible to the community because
I know that in the Spanish community they have a lack of understanding.
Mr. Reid: Ccrzurdssioner Perez, at the present time we are doing a reevalu-
ation of the.City's Comprehensive Plan as required under State law and we
will visit all of these issues in the context of the Comprehensive Plan and
report to you.
v Mayor Ferre: All right, call the roll.
90 SEP 2 31982
AN ORDINANCE ENTITLED
AN ORDINANCE REPEALING COMPREHENSIVE ZONING ORDINANCc 6811,
AS AMENDED, AND SUBSTITUTING THEREFORE A NEW ZONING ORDINANCE',
TO BE KNCWN AND CITED AS "THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA;" CONTAINING AUTHCRITY, INTENT AND PURPOSE
AND SHORT TITLE SECTIONS; REGULATING STRUCTURES; USES AND
OCCUPANCIES; HEIGHT AND BULK; DENSITY; LOT COVERAGE; LOT
AREA PER DWELLING UNIT; PARKING; SIGNS; PROVIDING FOR OFFIC-
IAL ZCNING ATLAS AND OFFICIAL SCHEDULE Cr DISTRICT REGULATIONS;
ZONING DISTRICTS; PLAN14`ED DEVELOPMENT DISTRICTS; SPECIAL PUBLIC
INTEREST DISTRICTS; HERITAGE CONSERVATION DISTRICT; GENERAL
REGULATIONS; NCN-CONFORMITIES; FURTHER PROVIDING FOR FUNCTIONS
AND RESPONSIBILITIES OF COMMISSION, OFFICERS, AND BOARDS;
SPECIAL PERMITS; FURTHER PROVIDING FCR APPEALS FROM DECISIONS
OF PLANNING DEPARTMENT, ZONING BOARD AND CITY COMMISSION;
PROVIDING FOR ENFORCEMENT, VIOLATIONS AND PENALTIES; AMEND-
MENTS; DEFINITIONS; REPEALING ALL OTHER LAWS AND PARTS
THEREOF IN CONFLICT, PROVIDING FOR A RESORT TO REMEDIES
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE 180 DAYS AFTER
RECEIPT OF ACKNOWLEDGEMENT THAT THIS ORDINANCE HAS BEEN FILED
WITH THE SECRETARY OF STATE.
Passed on its first reading by title at the meeting of July 29, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plu:=er, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plur, ner, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9500.
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.
Dr. Bartley: Mayor Ferre, may I have about 30 seconds of personal priviledge?
Mayor Ferre: Yes, sir.
Dr. Bartley: Just simply to thank this Commission, the Planning Board, the
Planning Advisory Board, the Zoning Board, all of the groups that have par-
ticipated so actively in this effort and to testify that I have enjoyed it
and simply to thank you all for all of your help.
91
EP 2 3190e
' 48. AUTHORIZE MANAGER TO EXPAND CONTRACT WITH DR. EP.:iEST BARTLEY FOR {
I.
ADDITIONAL REVISIONS TO BE INCORPORATED I14TO THE NEW ZONING
' OP.DINANCE .
Mr. Plummer: Well, Dr. Bartley, I don't think I want you to go away yet.
Mr. Mayor, I would like to make a motion at this time that Dr. Bartley,
his contract be expanded to work with the Department on these grouping of
things that they're coming forth with, there is no one in my estimation in
fifteen years of doing zoning that knows any more than Dr. Bartley in the
entire State of Florida. This man is not only an expert recognized in
this state but in this nation and I would like to make a motion that that
contract be expanded to let him work with the Department for this addi-
tional time.
Mr. Dawkins: I second the motion, and let it come out of Plummer's commis-
sion Budget.
Mayor Ferre: Further discussion on the amendment to Plummer's budget?
Call the roll.
The following motion was introduced by Commissioner Plummer who mooted its
adoption:
MOTION NO. 82-887
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
NEGOTIATE AN EXPA11SICN OF THE CONTRACT WITH DR. ERNEST
BARTLEY FCR HIS CONTINUED ASSISTANCE IN CONNECTION ;r'ITH
THE RECENTLY ADOPTED CITY CF MIAMI CCM.PREHENSIVE ZONING
ORDINANCE, AND :TOPE SPECIFICALLY, IN CONNECTION WITH THE
GROUPING OF ADDITICNAL REVISICNS WHICH MAY BE REQUIRED BY
SAID CRD1N.PNCE.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo.
Dr. Bartley: Your generosity is most appreciated, J. L.
Mr. Plummer: Yes. Mr. Mayor, to the Department and to you, Dr. Bartley,
this new plan has a six-month implementation date. I surely hope, and I
hope I speak for the rest that this grouping that you're going to come
back with be done prier to the implementation date.
Dr. Bartley: It has to be.
Mayor Ferre: All right, sir, thank you.
92 SEA' Z 3 9989
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49. SECOND READING ORDINANCE' APPEALS OF ZONING BOARD DECISIONS
BY PROPERTY OWNERS WITHIN 375 FEET OF PROPERTY IN CLESTICN
TO BE BCRIIE BY APPLICA2IT XID/OR DEVELOPER.
1 fit, {.';.; yi '? v.. ,raj Se: *"'t • _
Mayor Ferre: All right, take up Item #25.
Mr. Joe Mc Manus: Ms. Mayor and members of the Commission, Item 25 was up
before you previously on First Reading and at that point it was pretty fairly
well agreed that you were looking at a fee waiver for appeals to this Commis-
sion for a property owner within 375 feet of this subject property and then
the suggestion at First Reading was that there be some kind of a charge ap-
plied and what we have suggested in the language here is that at the time
that the developer makes application that there is a surcharge applied equal
to the initial fee which would be refunded to the applicant if there were
no appeal by a property owner within 375 feet of that project and that the
insertion of the surcharge language and the refund if there is no appeal are
additions to the language following your First Reading and coming in now
the Second Reading.
Mr. Plummer: Well, are you telling me now you're changing the Second Reading?
Mr. Mc Manus: This language was not before you on First Reading, in discus-
sion on First Reading that was I think the intention of the Commission that
the language be fashioned to accomplish that. we have now accomplished that
and added it in now on Second Reading.
Mr. Plummer: Ckay. So you want to rove it, is that what you want to do?
Mr. Mc Manus: Yes, sir.
AN ORDINANCE ENTITLED -
AN CRDINANC_E AXENDING THE CODE OF THE CITY OF MIAMI, AS
AMENDED, BY AMENDING CHAPTER 62, "PLANNING AND ZONING",
ARTICLE VI, "ZCNING FEES", SECTION 62-61, "SCHEDULE OF
FEES", BY ADDING A NEW SUBSECTION TO PROVIDE FOR A SUR-
CHARGE IN THE FEE SCHEDULE AND BY AAENDING SECTION 62-62
"REQUEST FOR REVIEW"; XORE PARTICULARLY, BY AMENDING THE
FIRST PARAGRAPH OF SAID SECTION 62-62 TO PROVIDE THAT 1F
A PROPERTY O.r'rr_R WITHIN 375 FEET CF A PROPERTY INVOLVED
IN A DECISION OF THE ZCNING BOARD APPEALS THE DECISION
TO THE CITY CC.*Y11SSICN THEN y0 FEE SHALL BE CHARGED;
BY REPEALING ALL CRD:NANCES, CODE SECTICNS, OR PARTS
THEREOF IN CONFLICT AND CCNTAINING A SEVEP_kBILITY CLAUSE.
Passed on its first reading by title at the meeting of July 29, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plu=er, seconded by Commissioner Perez, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the follcwi ng vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
.Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
THE ORD111ANCE WAS DESIGNATED ORDINANCE NO. 9499.
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.
93 SEP 2 31982
56. AUTHORIZE GRANTING OF ONE MONTH FUNDING NOT TO E.:CEED $16,500
FOR "FAIRB^.FAK EDUCATIONAL TRAINING PROGRAM."
Mayor Ferre: Archie Hardwick, Mr. Manager, Fairbreak Education Training
Program, in case CETA funds don't come in in time, it's a one month stop-
gap measure. Do you recommend that?
Mr. Gary: Yes, sir. I need authorization from the City Commission. I sup-
port this program because it is a program that enables....
Mr. Plummer: How much?
Mr. Gary: $16,500 which may not be needed if could get the = TA Money in
time.
Mayor Ferre: Plummer moves, Commissioner Dawkins seconds on a motion Of -
intent, this is on the basis if it is needed. Right?
Mr. Gary: Yes, sir.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer who moved its
adoption:
MOTION NO. 82-888
A MOTION AUTHORIZING THE CITY MANAGER TO GRANT A REQUEST FOR
A ONE MONTH FUNDING CF THE "FAIRBREAK EDUCATIONAL TRAINING
PROGRAM" IN CASE C.E.T.A. FUNDS DO NOT REACH THE PROGRAM IN
TIME, FURTI'.ER STIPULATING IF SAID CETA FUNDS COME IN THESE
FUNDS MAY NOT EVEN BE NECESSARY; FURTHER STATING SAID FUNDS
ARE NOT TO EXCEED $16,500.00.
Upon being seconded by Coranissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner De.netrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo.
Thereupon the City Commission recessed at 5:50 P.M. and reconvened
at 7:05 P.M.
9 $EP 2 3198Z
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Pi"1 S0NAL Al)[)EARA`CL: c:,lltlil I;I:1:]VI:S, 1Z1;(;A11'D1N(; 'Hil'
0R,1N(;E [i1,OSSO?1 Ci.;%sS [C 1-Oo BALL CAME.
(SEF I.ATF.It POIiMALI7.ED R-8-'-88a
VACATE, CLOSE CERTAIN AVENUES, ALLEYS AND TERRACES IN
CONNECTION [dI7'II 'TENTATIVE PLAT NO. 1152-A, "MIAMI
FASHION CENTER -SECTION I".
VACATE, CLOSE EAST WEST ALLEY IN VICINITY OF N.W.
36111 STREET, 32ND AVENUE, 38TH STREET, 31ST AVENUE,
AS PART OF TENTATIVE PLAT NO.1170-"REVISED PLAT OF
1b\NSON SUB".
GRANT REQUEST FOR MODIFICATION OF CHARTER
REQUIREMENTS FOR SEVEN STORY APARTMENT BUILDING
ADDITION TO BANYAN BAY APARTMENT COMPLEX-703 N.E.
63RD ST.
GRANT APPLICATION FOR CONDITIONAL USE FOR DRIVE-IN
TELLERS -LOCATION: 700 N.W. LEJEUNE ROAD.
ACCEPT PLAT: "MIAMI DADE COMMUNITY COLLEGE NEW
WORLD CENTER".
ACCEPT PLAT: "U.C.P. SUB".
ACCEPT PLAT: "KHAWLY SUB".
ACCEPT PLAT: "TIGF.RTAIL ESTATES SUB".
ACCEPT PLAT: "HERALD PARK SUB".
CALL SPECIAL. CITY OF MIAMI ELECTION ONE DECEMBER 14,
1982 FOR THE PURPOSE OF ADDITIONAL ONE CENT
SALES TAX LEVY
FORMALI7.ING RESOLUTION ALLOCATING $42,745.00 AS CATC
CRA NT FOR "50TH ANNUAL ORANGE BLOSSOM CLASSIC
PARADE".
APPOINT ATIIALIE RANGE TO SERVE AS MEMBER OF BOARD
OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY.
ALLOCATE $70,086. FY' 82-83 FEDERAL REVENUE SHARING
FUNDS OFR PREVIOUSLY APPROVED SOCIAL SERVICE AGENCY
(ONE TWELFTH FUNDING).
ACCEPT PLAT:"CHANNEL 23 SUB,"
0
MEETING DATE:
septeniber 23, 1982
COMMISSION
R-82-884
R-82-872
R-82-873
R-82-874
R-82-875
R-82-876
R-82-877
R-82-878
R-82-879
R-82-880
R-82-882
R-82-884
R082-885
R-82-893
R-82-894
RETR I EV
82-884
82-872
82-873
82-874
82-875
82-876
82-877
82-878
82-879
82-880
82-882
82-884
82-885
82-893
82-894