HomeMy WebLinkAboutCC 1982-07-29 MinutesCITY OF MIAMI
OF MEETING HELD ON July 29, 1982
(REGULAR - P 6 Z)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G.. ONGIE
CITY CLERK
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im Nos
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12.2
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REG_P_&_Z_7/29/82 SmcT
CONDOLENCES AND SYMPATHY TO FAMILY OF DETECTIVE
CHERYL SEIDEM.
CONDOLENCES AND SYMPATHY TO FAMILY OF CAPTAIN
CHARLTON HUTTOE.
CONDOLENCES AND SYMPATHY TO FAMILY OF CONNIE
DINKLER.
NOISE PROBLEM-T.R.GIBSON PARK -INTERFERENCE WITH
CHURCH SERVICE.
FIRST READING ORDINANCEL CHANGE ZONING CLASSIFICATIO
2810-2824 SW 27 AVE. AND 2727-2737-2743-2801-2815 SW
28 TERR. FROM R-4 AND R-CC TO C-2 AND SPD-6.
ONE YEAR EXTENSION OF VARIANCE MULTI STORY 553 ROOMS
HOTEL PARKING STRUCTURE-1744-1756 N. BAYSHORE DRIVE.
DIRECT CITY CLERK TO SEND TELEGRAM: URGE DR. BOSCH
IN VENEZUELA TO STOP HUNGER STRIKE/PRESIDENT
CONTACTED ETC. URGE VENEZUELA TO DO JUSTICE IN
CASE.
DISCUSSION ITEM: LIST OF MINORITY NEWSPAPERS.
DISCUSSION ITEM: COMMENDATION TO OUTGOING CITY
ATTORNEY GEORGE F. KNOX FOR HIS MANY
ACCOMPLISHMENTS.
DISCUSSION ITEM: LABOR UNION PROBLEMS AT HYATT HOTEL
CONSTRUCTION SITE.
AUTHORIZE INSTALLATION OF GREASE TRAP -DOWNTOWN
BURDINES STORE.
FESTIVALS: FUNDING GROUPS ONLY AFTER APPEARANCE
BEFORE,T.D.C. FESTIVAL ADVISORY COMMITTEE, BUDGET
IDENTIFICATION AND ESTABLISHMENTS OF 10%
CONTINGENCY FUND.
GRANT REQUEST FOR FUNDING: NATIOANL SALESMENS'
CONVENTION INTERNATIOANI, AMER. REG. SEMINAR
FOR CUBAN ACCOUNTANTS IN EXILE.
CONTINUED MANAGEMENT FOR DINNER KEY MARINA BASED
ON RECENT COURT DECISION
EMERGENCY ORDINANCE: AMEND SECTIONS OF CITY CODE:
PROVIDE ENLARGED MEMBERSHIP FOR CODE
ENFORCEMENT BOARD.
APPOINT CERTAIN INDIVIDUALS TO CODE ENFORCEMENT
BOARD.
PAGE # 1
rSOlLUT
NANION IVO. SAGE PiO.
R-82-715
R-82-716
R-82-717
M-82-718
FIRST READING
R-82-719
M-82-720
M-82-721
DISCUSSION
DISCUSSION
DISCUSSION
R-82-722
IM-82-723
M-82-724
M-82-725
M-82-726
ORD. 9470
R-82-727
1-2
2
3
3-4
5-6
6-7
11-12
12-13
1 13
1 14-16
18-22
23-26
26-27
27-28
f
M NO.
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
111
1
v �1� `� 1 1 , � 1• �,
REG:- - P--Z-7__ 2982 &UCT
FIRST READING ORDINANCE: AMEND SEC. 18 OF THE CODE -
PURCHASING AND CONTRACTS GENERALLY -PROCUREMENT
-SALE OF REALTY -
PROVIDE FOR PROPOSED CHARTER AMENDMENT:PROCUREMENT
CODE SECTION.
PROVIDE FOR SPECIAL ELECTION OCTOBER 5, 1982:
PROPOSED CHARTER AMENDMENTS.
AUTHORIZE CONTINUED EMPLOYMENT OF LAW FIRM OF STEEL,
HECTOR, DAVIS SPECIAL COUNSEL FOR CLAIMS ARISING
OUT OF CONVENTION CENTER.
AUTHORIZE ISSUANCE OF BUILDING PERMIT:DOWNTOWN
COMPONENT OF METRORAIL MAINTENANCE FACILITY
ACCEPT BID -SPECIAL POLICE VEHICLES
EXTEND TERM OF AGREEMENT: PUBLIC HEALTH TRUST OF
DADE COUNTY COORDINATION OF HEALTH SERVICES.
SECOND READING ORDINANCE: AMEND SECTION 5 OF THE
CODE PROVIDING FOR FIVE MEMBER CITY OF MIAMI
PROFESSIONAL BOXING A'1D WRESTLING BOARD.
FORMALIZING RESOLUTION: ALLOCATE $90,000 TO A.S.T.A.
52ND ANNUAL WORLD CONGRESS-AMERICAN SOCIETY OF TRAVE
AGENTS.
APPOINT FAUSTO LAVILLA AS OFFICIAL REPRESENTATIVE
FEDERATION OF IBERO AMERICAN PRESS ASSOCIATION
IN SPAIN (FORMALIZING RESOLUTION)
FORAMLIZING RESOLUTION: ELECTING AND APPOINTING
JOSE R. GARCIA-PEDROSA - CITY ATTORNEY -
AND ESTABLISHING ANNUAL SALARY AND EXPENSE
ALLOWANCE.
FORMALIZING RESOLUTION -GRANT FUNDS-"3RD ANNUAL
OVERTOWN COMING ALIVE FESTIVAL".
FORMALIZING RESOLUTION: ALLOCATE $20,000
CITY OF MIAMI CARIBBEAN CONFERENCE WITH
STIPULATIONS
FORMALIZING RESOLUTION: ALLOCATE $35,000
PROMOTION FUNDS FOR MIAMI DESIGN PLAZA MERCHANTS
ASSOCIATION.
FORMALIZING RESOLUTION: GRANT FUND REQUEST:
FLORIDA EXPORTERS AND IMPORTERS ASSOCIATION
$10,000 GRANT BASIS-$10,000 SUPPLEMENTAL
FUNDS.
FORMALIZING RESOLUTION: STIPULATE INTENT TO MOVE
LIBRARY BUILDING.
PAGE # 2
rsouirr oNlo. I PAGE NO#
FIRST READING
FIRST READING I
R-82-728
R-82-729
R-82-730
R-82-731
R-82-732
ORD. 9471
R-82-733
R-82-734
R-82-735
R-82-736
R-82-737
R-82-738
R-82-739
R-82-740
28-30
30-31
31-33
34-35
35
35-36
36-37
37-38
38-39
39-40
40-41
42
43
44
45
46
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CIMP110FRAF &DA PAGE # 3
Imri NO.
32
REG. P & Z : 7 /29 / 82 -MCT
----_---__---
QRDI NANO
SOLUTION
PACE N0.
FORMALIZING RESOLUTION: EXPRESS INTENT OF CITY
COMMISSION TO ADOPT CHARTER AMENDMENTS CONCERNING
LEGISLATIVE GOVERNANCE.
R-82-741
47-49
33
DISCUSSION ITEM: RECOGNIZE RALPH H. HABER, SPEAKER
OF THE HOUSE, STATE OF FLORIDA.
DISCUSSION
49-50
34
APPOINTMENTS TO CITY OF MIAMI FESTIVAL ADVISORY
COMMITTEE
R-82-742
51-54
35
AUTHORIZE PURCHASE OF OPERATING EQUIPMENT FOR
CONVENTION CENTER.
R-82-743
55-57
36
APPOINTMENTS TO CITY OF MIAMI HERITAGE
CONSERVATION BOARD.
R-82-744
57-61
37
ACCEPT BID: PRINTING 4000 COPIES OF 32 PAGE ANNUAL
REPORT POLICE DEPARTMENT.
R-82-745
62-64
38
ACCEPT BID: 250 PLASTIC TOTE BARRELS SOLID WASTE
DEPARTMENT.
R-82-746
65-66
39
CONTINUED DISCUSSION: PROCEED WITH PLANNED
IMPROVEMENTS AT DINNER KEY MARINA UNDER
ADMINISTRATIVE MANAGEMENT ET. (SEE LABEL #13-
EARLIER).
M-82-747
66-70
40
CLARIFICATION OF TERMS OF OFFICE: HERITAGE
CONSERVATION (SEE ALSO LABEL 036 EARLIER).
DISCUSSION
71
41
RESCIND RESOLUTION 82-603-INSTANT PUBLIC OPINION
POLLING TRHOUGH USE OF CABLE T.V. SYSTEM.
R-82-748
71-73
42
DISCUSSION ITEM: PRESENTATION OF 1982-1983
PROPOSED BUDGET.
DISCUSSION
73-75
43
SECOND READING ORDINANCE AND PUBLIC HEARING:
RENEW FLORIDA POWER AND LIGHT COMPANY
FRANCHISE.
ORD. 9472
75-82
44
PRELIMINARY APPROVAL FOR CLOSURE OF STREETS: 1983
COCONUT GROVE ART FESTIVAL.
M-82-749
82-85
45
INSTRUCT ADMINISTRATION TO COOPERATE IN TEMPORARY
RELOCATION OF PEACOCK ALLEY HOUSE.
M-82-750
83-85
46
DISCUSSION ITEM (again) OF CABLE T.V. LICENSE.
DISCUSSION
85-89
47
SECOND READING ORDINANCE: APPLICATION OF HERITAGE
CONSERVATION INTERIM ZONING DISTRICT TO 3033
GRAND AVENUE.
ORD. 9473
89-90
48
SECOND READING ORDINANCE: AMEND 6871-ART. XXV BASE
BUILDING LINES S.W. 1 ST. BET. S.W. 1 AVE AND
S.W. 1 CT.
ORD. 9474
90-91
49
SECOND READING ORDINANCE: CHANGE ZONING
CLASSIFICATION 271 NW 29 ST. FROM R-4 TO C-5.
ORD. 9475
92-93
50
FIRST READING ORDINANCE: CHANGE ZONING
CLASSIFICATION-3200 NORTH MIAMI AVENUE FROM R-2
TO C-5
FIRST READING
93-95
51
FIRST READING ORDINANCE: CHANGE ZONING
CLASSIFICATION-1471 NW. 17TH STREET.FROM
R-3 TO R-5.
FIRST READING
95-97
CI4j00hMISS1�
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54
55
56
57
58
59
60
61
62
63
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§HAF.o &DA PAGE # 4
FIRST READING ORDINANCE: CHANGE ZONING
CLASSIFICATION-3500 NW. 22 AVENUE FROM R-3
TO C-4.
DENIAL OF REQUEST FOR CHANGE OF ZONING:
3167-3173-3193 SW. 27 AVE. FROM R-4 TO R—C.
PERMIT ADDITION TO EXISTING STRUCTURE:100 S.E.
4TH STREET TO BE: DALLAS PARK HOTEL.
GRANT APPLICATION: VACATION AND CLOSURE OF S'ly
PORTION OF BIFURCATION SE. 13 ST. BETWEEN BRICKELL
AVE. ADN SE. BAYSHORE DRIVE —TENTATIVE PLAT 114B—
UCP.SUB.
GRANT APPLICATION: VACATION AND CLOSURE OF NW 11 PL.
AND NORTHERLY RIGHT OF WAY OF NW 33 ST.—TENTATIVE
PLAT 1159 "ALLAPATTAH STATION".
APPROVE IN PRINCIPLE: SOUTHEAST OVERTOWN/PARK
WEST COMMUNITY REDEVELOPMENT PLAN.
APPROVE IN PRINCIPLE: KING HEIGHTS COMMUNITY
REDEVELOPMENT PLAN. NW 12 AVE. EAST, NW 17 AVE.
WEST, NW 62 ST. NORTH, NW 58 TERR., SOUTH.
EXPRESS SUPPORT IN PRINCIPLE: SPECIAL ASSESSMENT
PROJECT AREA DCM DOWNTOWN COMPONENT OF METRORAIL
SYSTEM.
ACCEPT PLAT: HIGHLAND PARK DRIVE SECTION ONE.
ACCEPT PLAT: JACKSON TOWER 6UBDIVISION.
DEFER CONSIDERATION OF MIAMI HERALD APPLICATIONS
BASED ON REQUEST OF COMMISSION MEMBER FOR FURTHER
INFORMATION.
FIRST READING ORDINANCE: ELIMINATE PERMISSIVE USE OF
BARBED WIRE FENCING IN RESIDENTIAL NEIGHBORHOODS.
FIRST READING ORDINANCE: NEW COMPREHENSIVE ZONING
ORDINANCE.
FIRST READING ORDINANCE: AMEND 62-62 OF CODE —
ZONING BOARD APPEAL
SWEARING IN CEREMONY: NEW ATTORNEY.
AUTHORIZE AGREEMENT: 5,500 SQ. FT. ALFRED I.
DUPONT BUILDING FOR RELOCATION OF THE LAW DEPARTMENT.
roNANCE
um oNoo. I PAGE N01
FIRST READING
M-82-751
R-82-752
R-82-753
R-82-754
R-82-755
R-82-756
M-82-757
R-82-758
R-82-759
I M-82-760
FIRST READING
FIRST READING
FIRST READING
DISCUSSION
R-82-761
98-106
107-116
116-123
12 3-124
124-125
125-130
131-132
132-137
137-138
138
139-143
14 3-145
146-148
148-151
151-152
152-154
C14'9 lffF 1WF&DA PAGE # 5
REG:P & Z:7/29/82
MCT
pQRDRDINANCE0R
Ruou
PAGE
n w No,
NO,
68
GRANT REQUEST FOR USE OF MARINE STADIUM ON AUGUST
4TH BASEBALL GAME IN HONOR OF JOSE RAMON LOPEZ
M-82-762
154-155
69
GRANT FUNDING REQUEST. OKTOBERFEST N.T.E. $5,000.00
M-82-763
155-156
70
COMPLAINT: BLINDING SPOTHLIGHTS AT 2525 CORAL WAY.
DISCUSSION
156-157
71
AUTHORIZE BIDS: RELOCATION OF LAW DEPARTMENT TO
LEASE SPACE IN THE ALFRED I. DUPONT BUILDING.
M-82-764
157
72
SET FORTH PROPOSED BALLOT LANGUAGE: WASTE COLLECTION
SYSTEM.
11-82-765
I
157-162
73
AUTHORIZE REQUEST BY GEORGE KUNDE TO TRANSFER STOCK
TO AMERICABLE.
M-82-766
_
162-164
74
DEFER REQUEST OF JOANNE HERMANOWSKI IN TRANSFER
OF STOCK TO SEPTEMBER LOTH.
DISCUSSION
164-165
75
PERSONAL APPEARANCE: LAWRENCE MARKS REGARDING NEW
I
COMPREHENSIVE ZONING ORDINANCE.
DISCUSSION
165 -
4 t C 0
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 29th day of July, 1982, the City Commission of Miami,
Florida met at its regular meeting place in the City Hall,
3500 Pan American Drive, Miami, Florida in regular session.
The meeting was called to order at 9:10 O'Clock A.M. by
Mayor Maurice A. Ferre with the following members of the
Commission found to be present:
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
ALSO PRESENT:
Howard V. Gary, City Manager
George F. Knox, City Attorney
Matty Hirai, Acting City Clerk
An invocation was delivered by Mayor Ferre who then led
those present in a pledge of allegiance to the flag.
1. CONDOLENCES AND SY24AT3Y TO F2IHILY OF DETECTIVE CHERYL SEIDEN.
Mr. Plummer: Mr. Mayor, I would have hoped that we could have included in
your prayer this morning in recognition of something we really don't want
to recognize, and I would like to offer a motion at this time that this Com-
mission and the people of the City of Miami express to the family of the
police woman who fought very very hard for that very precious thing called
life, that we share with them their grief for one who gave it all, her
life. As we read and as we see, she was probably one of the finest and
one of the tradition of the fine officers of law enforcement. I would
hope, Mr. Mayor, that this Commission, as we have in the past, could com-
ply with a small or a donation to the University of Miami Neurological
Institute.in her memory, but moreso, that we express to the family, as we
do here, our understanding of their problem and that we share with them
at this time of grief. I offer that, Mr. Mayor, in the form of a motion.
Mayor Ferre: All right, we have a motion, is there a second? Further
discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-715
A RESOLUTION EXPRESSING THE DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY
OF MIAMI AND ITS CITIZENS TO THE MEMBERS OF THE FAMILY OF
DETECTIVE CHERYL SEIDEN UPON HER DEATH.
(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-
JUL 2 9 1982
� r
AYES: Commissioner Miller J. Dafns
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: NONE.
2. CONDOLENCES AND SYMPATHY TO FAMILY OF CAPTAIN CRAALTON HU".=.
Mayor Ferre: I think we should also pass a resolution of condolence for Cap-
tain C. O. Huttoe who has recently died and Mrs. Connie Dinkler, both of whom
in different ways and different times served this community.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 82-716
A RESOLUTION EXPRESSING THE DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF
MIAMI AND ITS CITIZENS TO THE MEMBERS OF THE FAMILY OF CAPTAIN
CHARLTON HUTTOE UPON HIS DEATH.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: NONE.
,02 JUL 2 91982
1 1 G� V
3, CONDOLENCES AND SYMPATHY TO FAMILY OF CONNIE DINKLER
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 82-717
A RESOLUTION EXPRESSING THE DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF
MIAMI AND ITS CITIZENS TO THE MEMBERS OF THE FAMILY OF
CONNIE DINKLER UPON HER DEATH.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: NONE.
4. NOISE PROBLEI! - T. R. GIBSON PARK - INTERtFE.nZNCE WITH CHURCH
SERVICE.
Mayor Ferre: All right, pocket items?
Mr. Dawkins: Mr. Mayor, I have one pocket item, sir. To the members of the
St. John's Baptist Church, we, the Commission, would like to apologize for the
incident on Sunday. It was an error on our part in not seeing that no activit-
ies take place before 1:00 P.M. during the church services. We assure you,
and I think I speak for the entire Commission, when I say that next year when
the Overtown Alive Festival starts we will assure you that nothing will begin
on Sundays until after 1:00 O'Clock to insure that your church services are
not disturbed and I would like to pass a motion that we see that next year....
Mayor Ferre: All right, there is a motion on the floor now, is there a second?
Mr. Carollo: Second.
Mayor Ferre: Any further discussion? All right, call the roll.
JUL 291982
103
1 1 Q� f
The following motion was introduced by Commissioner Dawkins who moved its
adoption:
MOTION NO. 82-718
A MOTION OF THE CITY COMMISSION STIPULATING, ON BEHALF OF THE
MEMBERS OF THE ST. JOHN'S BAPTIST CHURCH, THAT IN THE FUTURE
NO OTHER ACTIVITIES WOULD BE AUTHORIZED BY THE COMMISSION TO
TAKE PLACE IN THAT AREA BEFORE 1:00 P.M. IN ORDER TO AVOID
CIRCUMSTANCES WHICH COULD CONFLICT WITH THEIR RELIGIOUS SER-
VICES; AND FURTHER EXPRESSING THEIR SINCERE REGRET THAT SUCH
CIRCUMSTNACE HAD OCCURRED.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mayor Ferre: Ladies and gentlemen, we apologize for the inconvenience, it
was an inadvertent mistake, we're sorry, it will not happen again. We're
sorry, it won't happen again. Do you want to say something? Ms. Wilcox,
of course.
Ms. Inez A. Wilcox: Honorable Mayor and members of the Commission, I don't
want to belabor the time, my name is Inez A. Wilcox and I'm Secretary of the
Board of Trustees of the St. John's Baptist Church located at 1328 N.W. 3rd
Avenue where Reverend Thedford Johnson serves as pastor. And as you see,
along with me are members of our congregation representing the Deacon's Board,
Sunday School teachers, the Superintendents, Baptist Training Union, the Youth
Division Director, the choirs, the top sinner and other officials of the Board
of Trustees and I'd like to ask them to please stand at this time. These are
the people that are concerned - thank you, you may be seated - that are con-
cerned about the problem that faces us. If it were only the incident that
occurred on last Sunday then this might not have upset us very much, but it
is the fact that every Sunday we have this problem. We have come not for the
purpose of choosing a lifestyle for the people of that community, but to ask
your assistance in helping us remain free in the practice of our religion
without the type of interference that we've been suffering during these
recent weeks. St. John's has been located at this address since the 19401s.
We have produced professionals in a variety of fields of work as well as
religion. Our primary purpose is to save souls and build character, we have
no desire to restrain the lives of the people of that community who have not
chosen to worship as we have, it is our's only to open our doors and extend
welcome to those will accept. We have interference throughout our plant on
Sundays because of the people who choose to go out into the Theodore Gibson
Park and on Sunday afternoons when we return for service they are out there
with the loudspeakers playing and the music is so loud it penetrates the
walls of the church. I don't know if it would be asking too much that this
not occur on Sunday afternoons because it is not the working class of people
that go out there on the park. We were just wondering if this kind of activ-
ity could be held either from Monday to Saturday and on Sunday the members
of the congregation and we have visitors that come to our church every Sun-
day, would be free to worship minus this disturbance every Sunday afternoon.
Different from what the newspaper stated on last Sunday, they say that the
criminals are concentrated in that area and they know what they're doing
but as you know, this is no assurance against what will happen. Our cars
are parked out there and we have.to have guards in order to protect us from
what is going on out there on Sundays. We don't know, as I said, whether
this would be asking too much but we would like some help and moral support
from the members of the Commission in this direction.
Mayor Ferre: All right,
concur and I don't know,
we'll start this time the
thank you very much, Ms. Wilcox, and we certainly
do we need to do anything officially? All right,
other way, we'll start with Plummer and then work
JUL 291982
1 f �
5, FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
2810-2824-2840 S. W. 27 AVENUE 6 2727-2737-2743-2801-2815
S. W. 28 Terrace FW. M A-4 AND R-CC TO C-2 AND SPD-6.
Mayor Ferre: All right, the question is again being raised by some of you as
to whether if you're on zoning matters you should come back at 2:30. Now, as
I said five minutes ago when we started the meeting it is my opinion that we
will not take up any zoning matters this morning. Zoning matters, Mr. Traurig,
Mr. Traurig, since you're one of the interested parties I'm doing this for
your benefit, this is the second time I've done it, last time you said nothing.
I will repeat it one more time. We are not going to take up any zoning matters
until 2:30, there will be none taken up unless there are emergencies of some-
body having to go to the hospital, having a baby, going to New York on an air-
plane or something where we have a time constraint of something.
Mr. Robert H. Traurig: On Item #7, I do have to catch a plane at One O'clock
and I have a commitment to be at home to complete my packing around 11:00 -
11:15. Item #7 was non -controversial at the Zoning Board and it is recommended
by staff and if it could be heard this morning I would appreciate it.
Mr. Plummer: Item 7 of which agenda?
Mr. Traurig: That's the Zoning Agenda, the 9:00 A. M. Zoning Agenda. Ordinance
First Reading, Grove Gate N.V. and Interholden Ltd.
Mr. Plummer: About procurement?
Mr. Traurig: No, this is zoning.
Mayor Ferre: This is the Interholden Ltd. and the Grove Gates, this is a
change of zoning on 27th Avenue from R-4 and R-CC to C-2 and SPD-6. The
Planning Department recommended, the Zoning Board approved it unanimously,
it was 6 to 0. There were 12 opponents.......
Mr. Traurig: No, not 12 opponents, 12 proponents.
Mayor Ferre: I'm sorry. Four replies in favor received in the mail and 12
proponents present at the meeting. Sorry. All right, is there anybody here
who is opposed to Item #77 Is there anybody here who is here as an opponent
who wishes to speak on Item 7? I think that this is something that is has
been very carefully planned out, it has been before us for a long time, the
Department is for it, it was unanimously voted by the Zoning Board, it is
a great improvement I think, I would hope that this project would be forth-
coming very soon. This is going to be an office building isn't it?
Mr. Traurig: It is going to be a mixed use project tied into the mass transit
station with a bridge to be built across U.S. 1 at the cost of the property
owner to tie into the station and it has been very carefully reviewed with
Mr. Luft who was one of the principle draftsmen of the SPD-6 ordinance to
accomodate this kind of project.
Mayor Ferre: Mr. Luft, on the record, is the department for it as it is being
presented now?
Mr. Jack Luft: Yes, we are recommending approval of this item.
Mayor Ferre: I have seen the project, the drawings of it, and I personally
think that this would be one of the best things that could happen to Miami
because it ties into rapid transit and it is close to the Grove area but it
is the right kind of a project and the right kind of a place. I'm happy to
see you here on a non -controversial item, counselor.
Mr. Traurig: I too.
Mayor Ferre: Does anybody have any problems with this? On the formal com-
mission, we're now going to constitute ourselves into formal Commission
Agenda and we're taking Item 7 out of turn. It has been moved by Perez,
seconded by Plummer, is there further discussion on Item 7? All right, would
you read the ordinance, please?
JUL 29 198z
�05
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 POR-
TIONS OF PINE TERRACE (57-65); LES SUBDIVISION (61-56);
REBOZO SUBDIVISION (63-53) AND THAT PORTION OF UN -
PLATTED LAND AS DESCRIBED ON FILE WITH THE PLANNING
AND ZONING BOARDS ADMINISTRATION DEPARTMENT; BEING
2810-2824-2840 SOUTHWEST 27TH AVENUE AND 2727-2737-
2741-2743-2801-2815 SOUTHWEST 28TH TERRACE, FROM R-4
(MEDIUM DENSITY MULTIPLE); R-CC (RESIDENTIAL -OFFICE)
AND C-2 (LOCAL COMMERCIAL) TO SPD-6 (COCONUT GROVE
RAPID TRANSIT DISTRICT), 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 CON-
FLICT, AND CONTAINING A SEVEPABILITY CLAUSE.
Was introduced by Commissioner Perez and seconded by Commissioner Plummer
and passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
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.
Mr. Traurig: Thank you very much.
Mayor Ferre: All right, are there any other emergencies or time problems
with the Zoning Agenda?
6. ONE YEAR EXTENSION OF VARIANCE -MULTI -STORY 553 ROOM HOTEL/PARKING
STRUCTURE - 1744-1756 N. BAYSHORE DRIVE.
Mr. Tibor Hollo: Mr. Mayor and honorable board, we have in front of you a
request for an extension on a variance, Item #10.
Mayor Ferre: On the Zoning Agenda?
Mr. Hollo: Yes. It has the recommendation of the Department.
Mayor Ferre: Item #10 is a resolution, it is recommended by the Department,
the Zoning Board granted it unanimously. Is there anybody here who wishes to
speak against Item 10? Is there anybody here who has any problems with this?
All right, what is the purpose, what is the nature of your emergency?
Mr. Hollo: We have assembled all the folks here, they came, the Intercon-
tinental people from the hotel division, also.....
Mayor Ferre: And they've got time constraints?
Mr. Hollo: Yes, a couple of them would have to leave in the afternoon.
Mayor Ferre: Okay, any problems with this? From the administration, it has
a recommendation, as I understand. -
Mr. Gary: Yes, sir.
Mayor Ferre: All right, does somebody want to move Item 10?
Mr. Plummer: So move.
Mayor Ferre: Is there a second? .06
JUL 2 91982
Mr. Perez: Second.
Mayor Ferre: Further discussion? Call the roll on Item 10.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-179
A RESOLUTION GRANTING A ONE YEAR EXTENSION OF
A VARIANCE AS LISTED IN ORDINANCE NO. 6871,
ARTICLE X, SECTIONS 3(1) (a), 3(2) (c), 3 (2)
(d), 3 (3) (a), 5 AND 6, AND ARTICLE IV, SECT-
IONS 19 (7) (a), 19 (7) (c), TO PERMIT CON-
STRUCTION OF A MULTI -STORY 553-ROOM HOTEL/
PARKING GARAGE STRUCTURE ON LOTS 5, 8, 9 AND
12; BLOCK 8, MIRAMAR (5-4), BEING APPROXIMATELY
1744-1756 NORTH BAYSHORE DRIVE, AS PER SITE
PLANS STAKED 8-24-81, ON FILE WITH THE PLAN-
NING AND ZONING BOARDS ADMINISTRATION DEPART-
MENT, WITH THE FOLLOWING VARIANCES:
FOR THE PRINCIPAL STRUCTURE (HOTEL TOWER)
A) FRONT YARD: 68' PROPOSED (130' REQUIRED);
B) INTERIOR SIDE YARD: 145' PROPOSED (147.5'
REQUIRED);
C) REAR YARD: 30' PROPOSED (102.5' REQUIRED);
D) FLOOR AREA RATIO (FAR): 3.98 PROPOSED
(2.0 ALLOWED);
FOR THE ACCESSORY STRUCTURE (PARKING GARAGE)
A) INTERIOR SIDE YARD: 23' PROPOSED (35'
REQUIRED)
B) REAR YARD: 25' PROPOSED (35' REQUIRED);
C) HEIGHT; 55' PROPOSED (12' ALLOWED);
D) LOT AREA REMAINING AFTER SUBTRACTING
LOT COVERAGE OF PRINCIPAL AND ACCESSORY
STRUCTURES: 29.44% PROPOSED (20% ALLOWED)
COMBINED PRINCIPAL AND ACCESSORY STRUCTURES:
A) ADJUSTED LOT COVERAGE: 23.312% - 21,057 SQ. FT.
PROPOSED (14.67% - 13,250.99 SQ. FT. ALLOWED)
B) COMBINED TOTAL LOT COVERAGE: 52.756% -
47,653 SQ. FT.
REQUESTED (35% - 31,614.506 SQ. FT. PERMITTED)
ZONED R-5 (HIGH DENSITY MULTIPLE) _.._. _....
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ASSENT: NONE.
07 JUL 2 91982
7, DIAECT CITY CLVIX TO UND TELEGRAMi URGE DR, NOSCHr VENEZUELA
TO $TOP HUN02A STA IU/Pu6IDENT CONTACTED ZTC, UVAt VZNZCMA
T® 8@ JUNME M CAME,
Mayor Ferre: All right, we are now on the regular Committee of the Whole
Agenda.... Oh, I'm sorry, I beg your pardon. You wanted to start with Joe
Carollo, pocket items, Joe? We're on pocket items now.
Mr. Carollo: Mr. Mayor, I'd like to bring up a pocket item that I believe is
of great concern for a large part of our community that has to do with Dr.
Orlando Bosch. The motion that I would like to present to my colleagues on
the Commission is a motion to send a telegram to the President of Venezuela
that would say the following: We respectfully address ourselves to you out
of our concern and our community's concern for the life, safety and human
rights of Dr. Orlando Bosch and request that justice be done and that Dr.
Bosch be given immediate freedom.
Mr. Perez: I second.
Mayor Ferre: All right, there is a motion on the floor, it has been seconded.
Is there further discussion? This item obviously is a matter of serious and
_ great concern for a very important segment of our community, as you may have
seen in the morning paper, there were over 800 people that were marching to
protest....
Mr. Carollo: Dlr. Mayor, if I may make a correction of what the Miami Herald
described as 800 people, there actually much more than 4,000 people.
Mayor Ferre: All right, there 4,000 people which is a substantial statement
by an important part of this community. What is involved here is not a judge-
ment of any kind on our part but rather that this man has been imprisoned for
well over a year without due process and in any democratic government, even
though this is a matter that is within the realms of a foreign nation, I
think it is appropriate for us to express our opinion in this very serious
matter.
Mr. Carollo: If I may say this, Mr. Mayor, I think that any time a majority
of any community has strong feelings about any issue I think it is the right
and obligation of the City fathers of that community to act upon those feel-
ings of the majority of the people of the community.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo who moved its
adoption:
MOTION NO. 82-720
A MOTION OF THE CITY OF MIAMI COMMISSION INSTRUCTING THE
CITY CLERK TO SEND THE FOLLOWING TELEGRAM TO THE PRESIDENT
OF VENEZUELA: "EXCMO. LUIS HERRERA CAMPINS; PRESIDENTE DE
LA REPUBLICA DE VENEZUELA; CARACAS, VENEZUELA.-NOS
DIRIGIMOS RESPETUOSAMENTE A LISTED, MOTIVADOS POR NUESTRA
PREOCUPACION, ASI COMO POR LA PREOCUPACION DE LA COMUNIDAD
DE MIAMI, POR LA VIDA, LA SEGURIDAD Y LOS DERECHOS HUMANOS
DEL DR. ORLANDO BOSCH. SOLICITAMOS QUE LA JUSTICIA
PREVALEZCA Y QUE EL DR. BOSCH SEA PUESTO EN LIBERTAD
INMEDIATAMENTS. (FIRMADO) COMISION DE LA CIUDID DE MIAMI."
(ABOVE TEXT URGES PRES. OF VENEZUELA TO DO JUSTICE ON DR.
BOSCH'S CASE)
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.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre J U L 2 91982
NOES: None. OQ
ABSENT: None. V
ON ROLL CALL:
Mr. Perez: I vote yes, I want to point out that I am very proud to second
this motion and also I would like, Mr. Mayor, if possible, if we have the
opportunity to have a resolution today before we finish this Commission
Meeting to send the telegram that Commissioner Carollo suggested.
Mr. Carollo: Mr. Mayor, if I may request from the City Manager to trans-
late this into Spanish immediately and that it be shown to the members of
the Commission so that it could be sent with each of our names right
today and that a copy of it be sent to Dr. Orlando Bosch, and if I may add,
Mr. Mayor, he already has been declared innocent by a court in Venezuela.
Mayor Ferre: All right. I thought that he was pending further judicial
action, that's what the papers have said, is that he has been tried by a
military court....
Mr. Carollo: He has been tried and he has been declared innocent.
Mayor Ferre: Innocent, and then the President has decreed that he be de-
tained until further judicial actions were to be taken.
Mr. Carollo: That is correct, it is like in our country after you're
found innocent they want to bring you to court again to decide whether
they are going to bring you to court again or not.
Mayor Ferre: Okay, are there further......
Mr. Carollo: I would just like to make one additional pocket item if I
may, related to this item. This man was truly a patriot, he is presently
on a hunger strike which he has been on for over a week. I would like to
make a motion also that we send directly to him from this Commission
representing the community of Miami that would say something to the effect
that we are asking him out of the great sympathy and faith that the people
of Miami have in him to stop the hunger strike that he is withunder now.
I would make that in the form of a motion, Mr. Mayor.
The following motion was introduced by Commissioner Carollo who moved its
adoption:
MOTION NO. 82-721
A MOTION OF THE CITY OF MIAMI COMMISSION INSTRUCTING THE CITY
CLERK TO SEND THE FOLLOWING TELEGRAM TO DR. ORLANDO BOSCH,
CARACAS, VENEZUELA: ""DR. ORLANDO BOSCH; HOSPITAL MILITAR;
CARACAS, VENEZUELA.-SOLICITAMOS PONGA LISTED FIN A SU HUELGA
DE HAMBRE & APROVECHAMOS PARA EXPRESARLE EL APOYO Y LA
ADMIRACION DE LA CIUDADANIA DE MIAMI. FOR SEPARADO, NOW
HEMOS DIRIGIDO AL PRESIDENTE DE VENEZUELA PARA SOLICITARLE
QUE SE RAGA JUSTICIA EN SU CASO Y SEA USTED PUESTO EN LIBERTAD
INMEDIATAMENTS. (FIRMADO) COMISION DE LA CIUDAD DE MIAMI."
(ABOVE TEXT REQUESTS DR. BOSCH TO STOP HUNGER STRIKE AND INFORMS
HIM THAT CITY COMMISSION HAS CONTACTED THE PRESIDENT ON HIS
BEHALF).
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mr. Carollo: Mr. Gary, can you have all of this translated into Spanish
before noon so that the telegrams could be sent out immediately?
Mr. Gary: Yes, sir, I have the members of the Public Information Office
now getting that information. 09
JUL 29196E
8. DISCUSSION ITEM: LIST OF '!I_QOTIITY NEVSPAPEQS .
Mr. Perez: Mr. Mayor, I would like to clear up in the public record a list
of minority newspapers that my office compiled last week and I would like to
send this letter to the City Manager's Office. I would like to have an offic-
ial recommendation for the next Commission Meeting in September about the
possibility of getting the ads for the paper to classified in accordance with
the standards that we already approved. I would like to have on record this
list and I would like to include and the Manager make an official recommenda-
tion in September.
Mayor Ferre: All right, I don't think we need a motion....
Mr. Dawkins: Yes, but Mr. Mayor, a point of clarification.
Mayor Ferre: Yes, sir.
Mr. Dawkins: This Commission is the one who sat here and took the advertis-
ing from these people and now we give it back to the Manager and tell the
Manager to bring it back to us, I don't know what we're doing.
Mr. Perez: Commissioner, let me clarify something. At the last Commission
Meeting I explained to the Manager that we have several newspapers but I
think that this Commission already established a guideline about the news-
papers. I have here a list of about 20 newspapers and I would like that the
Manager's Office contact each of them and make a recommendation about who
classifies according to the guidelines.
Mayor Ferre: In other words he wants staff work to make sure (1) that they're
within Miami and that their main circulation is Miami and (2) that they have
a circulation of 10,000 or more and etc., etc..
Mr. Carollo: Sure, but in the meantime I don't want that to stop the papers
that we approved at the last Commission Meeting to get ads.
Mr. Gary: We're following directives of the City Commission with regard to
the decision made at the last Commission Meeting and we'll comply with ob-
taining this data as requested by Commissioner Perez.
Mr. Carollo: My understanding, Howard, is that none of these papers have
been contacted, the ones that we approved last week, none of them have been
contacted so that they can give you the evidence that they have to give to
the City in order to get the advertisements right away.
Mr. Gary: I've given that assignment and I will guarantee the Commission
I will follow expeditiously on that matter.
Mayor Ferre: All right, are there any further statements on that?
Mr. Plummer: Yes, Mr. Mayor, I've got a problem. The problem is simple in
my estimation, and if I'm wrong, I'll stand corrected. The reason that we
are advertising in these different media is so that the people of this com-
munity will have the potential in their own language of reading what is
going on in this Commission and what is available. I don't recall the name
of the paper, I picked it up when I was having coffee, and I think it is
absolutely ridiculous that in a Cuban weekly paper the only English in the
paper was the City of Miami's ad. I question what good that is to the com-
munity that speaks Spanish and I would hope that if we are trying to accom-
plish communications to the people of the community, that in the future in
the predominantly Spanish papers it would appear in Spanish, it would only
seem logical to me.
Mr. Carollo: I'm surprised that it appeared in English, somebody made a
mistake.
Mr. Plummer: I would hope that it could be translated, Mr. Manager, over
into Spanish because that's the way it has been.
.10 JUL 2191982
Mr. Gary: In response, Commissioner Carollo, I just had a discussion
with my staff, we have been meeting with those newspapers to get the infor-
mation.
Mr. Carollo: The four last week that we mentioned? We approved four news-
papers last week together with two that we had before to receive these adver-
tisements.
Mr. Gary: The bottom line is that we will follow up expeditiously on that.
Mayor Ferre: All right, anything else on that? Commissioner Perez, any
other pocket items? All right, Commissioner Plummer?
Mr. Plummer: Mr. Mayor, the only thing I have is a possible pocket item I
will bring up during Item D.
9. DISCUSSI014 ITEI1: COItt!E:iDATIOt? TO OUTGOI'_JG CITY ATTORIIEY
GEO'_?GE F. :u10X FOR HIS =TY ACCO"DLISITYZNTS .
Mayor Ferre: In the pocket items that I have, (1) I would like to publicly
commend our City Attorney, George Knox, who is retiring today, we're going to
have a lunch for him but that will not be on the record and this is our official
way of expressing our appreciation. George knox has served this City five and
a half years. There have been major accomplishments achieved by the City dur-
ing his tenure in office. In the first place, and I think perhaps the most im-
portant thing that he has achieved has been time and time again for court after
court and for Justice Department people, he has defended the new Civil Service
Rules and Regulations and the Consent Decree so that there is upward mobility
of Blacks and Latins and Women and other minorities in the City of Miami and
I'm proud to say that there is no other City in the United States that has fought
as diligently in the last five and a half years or has had as many successes as
has had the City of Miami in Affirmative Action. Secondly, I think in the ques-
tion of pornography and prostitution regulation which is a very complicated
constitutional issue, nobody is as expert or as knowledgeable of the constitutional
law involved as is George Knox, he has gained national acclaim amongst his peers
for being an expert in this very complicated area and I think we have made sub-
stantial progress in our laws of controlling pornography and prostitution due
to the diligence and the ability of our City Attorney. Thirdly, I think the
TV license ordinance that we have, according to many people that I have spoken
to from Boston to San Francisco, the Mayors of Boston and San Francisco, Mayor
Kevin White of Boston and Dianne Feinstein of San Francisco have told me that
the City of Miami TV License Ordinance is the very finest in the country, there
is none better, it is the best drafted, it is the tightest, even though Arnold
and Porter of Washington D. C., one of the nation's prestigous law firms were
involved and it certainly took the careful guidance and work and diligence of
our City Attorney to get that, what I think is a masterpiece of legal legisla-
tion properly guided to fruition. Next, as you know, the City of Miami passed
several years ago a Convention Bond Issue which is the biggest bond issue that
any City has ever done in Florida, $66,000,000. It is probably, even though
we haven't gotten too much news, too much newspaper coverage on it, it is prob-
ably the largest single issue of that kind in the State of Florida ever in the
history and it is a major achievement of this community and George Knox was
very instrumental in the whole legal proceedings in making that a success.
Lastly, with regards to franchises, we will be discussing a franchise agree-
ment today which I think was due in great part to the diligence of George
Knox. There are many other things that George has been involved with that are
major watershed points in our history: The Procurement package, the very dif-
ficult legal battles on Watson Island that he has won all, you know, we hear
about the Gladstein Case in effect that we lost, well we have won 16 of the 17
points and the last remaining issue, I think, will be eventually won and. there-
fore, I think that this has been a major legal achievement on George's part.
The last thing I want to mention is that this is not only being recognized
by us, that is his diligence and ability as a City Attorney but his own col-
leagues, his NIMLO, NIMLO is the National Institute for Municipal Law
Officers, it is all of the lawyers of the United States that deal with Munici-
pal law and they have a national association, B00 of them will be meeting
here sometime in the fall and I think that is a tribute in great part to the
respect that the board of trustees of NIMLO have for the Chairman of the Local
11 JUL 291982
Government Section of the Florida Bar who happens to be our own City Attorney,
George Knox. Eight hundred lawyers dealing with municipal law will be meet-
ing in Miami this year and I think that they're here to a great sense as a
tribute to our fine City Attorney. So George, as you leave us in your final
day, let me say that the City is, indeed, grateful for these five and a half
years of loyalty, diligence of honorable and sincere work. We're grateful
for your accomplishments, we know you will do very well in the private sector
and I'm very happy that one of Florida's main and, indeed, one of the south's
main law firms have, that you decided to go with them, that you are on your
way to being a full-fledged partner there and I think that augurs well for
this community. This will be the first time that a black lawyer has achieved
that status in any major law firm in the south of the United States, it is a
recognition on the part of that law firm of your quality and if you do as well
in your private practice as you've done in five and a half years in the City
of Miami I think your partners and your clients are going to be very well
served. So on behalf of all of us, our thanks and perhaps all of you ladies
and gentlemen would join me in a warm hand of applause for our City Attorney.
Mr. Knox: Mr. Mayor and members of the Commission, thank you very much, and
I apologize to Commissioner Dawkins for putting that glue in his seat. Of
course, there was an affair last night which was a cocktail party in my honor
and there is a luncheon today and I don't have too many speeches or tears
left but I do want to indicate to the City Commission that I am extremely
grateful to the Commission for their faith and loyalty to me and this exper-
ience has been one that I certainly can't ever forget and it is one of the
most rewarding experiences that I have ever encountered and the trouble is
that the Gods sometimes appear to play games with people, I have had a very
exciting and challenging career and been associated with great people and I
look forward to an exciting and challenging career and to being associated
with great people and I guess the ironic tragedy of it is that for me to
enjoy the next phase I have to give up this phase but in giving it up I want
you to know again that it is an experience that I cannot ever forget and I'm
grateful to the City Commission, to all of the people in the City's work
force, especially to my staff and, of course, to the people of the City of
Miami who have consistently demonstrated their faith and their loyalty to me
personally and to the efforts that we tried to make an their behalf. Thank
you very much.
10. DISCUSSION ITEM: LABOR UNION PROBLEMS AT HYATT HOTEL
CONSTRUCTION SITE.
Mayor Ferre: On pocket items, we have a rather touchy subject which I don't
want to get too deeply into, but I do want to mention, we have today, Mr. Al
Gonzalez, who is here. As you all well know, he is the business manager for
the Hotel/Motel/Restaurant Employees of Greater Miami, AFL/CIO, Local 355.
The problem that we have is that they're having troubles for organizing the
Hyatt Hotel and they may be in a situation where they may be forced to picket
the hotel at a very inopportune time which I'm not going to mention now, but
I just would like to go on record, as I have in the past, that even though
Miami is part of Florida and Florida is an open state, and we cannot force
anybody to recognize anybody that they don't want to recognize, it is certain-
ly our hope that the lessee of the Worsham Brothers property, Miami Center,
Inc., or whatever title the holding company is, would diligently try to work
out any differences that they may have so that we will have peace as we get
into very important events that will be forthcoming here in October. I just
want to go on record letting you know that I personally will be calling the
President and the Vice -President of Hyatt, not asking them to do anything
but to sit down and meet with our good friends at local 355 and I just wanted
to share that thought with you this morning. Thank you very much, Al.
12 JUL 291982
,
11. AUTHOrIZE INSTALLATION OF GREASE TRAP - DOWNTOWN BURDIITES
STORE.
Mayor Ferre: We're now on Item B which is the problem with Burdines. All right,
Don.
Mr. Don Cather: Yes, sir, Burdines Department Store has requested that they
be allowed to convert a 3►500 gallon fuel tank to a grease trap but this
grease trap is located in the sidewalk in Burdines property, however, it ex-
tends beyond the base building line and we have gone along with the installa-
tion of this grease trap with certain provisions that they (1) that they
covenant that they will remove it at any time that we need this area under
the sidewalk and we will review it every two years and I've also insisted
that all cleaning of this grease trap be done after 6 O'Clock at night and
before 8 A. M. in the morning.
Mayor Ferre: All right, sir. Further.....
Mr. Gary: We need to officialize that.
Mayor Ferre: We need to officialize it? Is there a motion, then?
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-722
A RESOLUTION AUTHORIZING FEDERATED DEPARTMENT STORES, INC.
_ TO INSTALL A NEW GREASE TRAP FOR ITS DOWNTOWN BURDINES STORE
IN SIDEWALK AREA ZONED RIGHT-OF-WAY ON SOUTHWEST 1ST STREET
IMMEDIATELY WEST OF MIAMI AVENUE; REQUIRING PREPARATION AND
ACCEPTANCE OF COVENANTS; FURTHER, REQUIRING INDEMNIFICATION
AND INSURANCE; AND SUBJECT TO CONDITIONS CONTAINED HEREIN.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez the resolution was
passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins.
13 JUL 2 91982
12.1 nSTIVALBs rMING GROUPS ONLY AFTER APPEARANCE BEFOlM T.D.C.
nBTIVAL ADVISOP.Y C019U TTEE, BUDGET IDENTIFICATION
B E/TABL26HHUT OF 10% CONTINGENCY FUND.
Mayor Ferre: We're now on Item E which is discussion of funding requests.
This is the Coconut Grove Children's Theatre, the First Annual Wynwood Festi-
val, the National Salesmen's Convention and the Inter -American Regional Seminar
for the Association of Cuban Accountants in Exile and they are all present
here or their representatives are here this morning.
Mr. Gary: Mr. Mayor, Cesar Odio who was handling this matter just recently
had a new -born baby boy so he is not able to be here but Al Howard is here
and we will attempt to discuss the recommendations that we have before you.
I would like to preface my comments by saying to you that the City Commission
has made great strides during the whole year in terms of supporting social
service agencies in excess of $2,000,000 up to now and as your professional
administrator, I am informing you that this, even though it was necessary
and it has put a strain on our budget and our concern now is one of having
available funds not only for this year's budget but also for next year's
budget and we've taken that into consideration in our recommendations. First
of all, with regard to the Wynwood Festival, our decision with regard to
funding is that we should fund this particular event only, not that we need
another festival in town, and not that we have not supported festivals ade-
quately in town, but in view of the fact that we have supported festivals
in all the ethnic areas of the City of Miami with the exception of the Puerto
Rican Community. Therefore, we feel that in fairness to all of the citizens
of this community we should fund this festival so that we can make whole that
particular festival, I mean that particular neighborhood.
Mr. Dawkins: Mr. Mayor, Mr. Manager.
Mr. Gary: Yes, sir.
Mr. Dawkins: We have a Festival Advisory Board. Okay?
Mr. Gary: Yes, sir.
Mr. Dawkins: We have set this board in practice, right?
Mr. Gary: Yes, sir.
Mr. Dawkins: And every time I look up, there is somebody before this Com-
mission for $5,000, for $10,000, $20,000 and all I see is the Commission
tell you to go find it. Now, I would like to go on record this morning
that if we are not going to adhere to the recommendations of the Festival
Committee, and if this Commission is not going to refer all requests to the
Festival Committee that we disband the Festival Committee and quit going
through a farce here with the community.
Mr. Gary: I think that is an appropriate recommendation, I think that the
posture that the Commission has taken in the past and that we support, and
that is that all items should go to the Festival Advisory Committee and
that this Commission becomes an appeal process if someone is dissatisfied
with regard to recommendations and I think that is a workable solution.
Mr. Dawkins: I'll go along with that, but they haven't been even going
there for the appeal, they just come here.
Mr. Gary: Exactly. For the record, and I wish Mr. Mendez was here....
Mr. Dawkins: There he is right there looking at you.
Mr. Gary: Mr. Mendez is on that committee and I recall Mr. Mendez getting
up at the mike one time, two times blasting the City Manager personally....
Mr. Plummer: Here comes the third.
Mr. Gary: ....for not complying with going to the Festival Advisory Committee.
But I think the bottom line, Mr. Mayor, is that we think that this festival
should be funded because we are not funding..... J U L 2 9 1982
14
0 0
Mr. Dawkins: I have no problems with the date, I'm talking about, you
see, in September we're going to start anew, I hope. See, and all I'm
saying to you, Mr. Manager, is we have the Festival Committee, we set
it up for this purpose, let's utilize it.
Mr. Plummer: Yes, but excuse me. Miller, you see, let me tell you, I
agree with you but let me tell you where the damned thing falls apart,
and Mendez is right, as much as I hate to admit he's right, he's right.
The Manager is right and I don't want to admit that either, but he's
right. Let me tell you what happened so you'll understand. The first
problem in my estimation is that all of these people before they have
the right to come to this City should have the right to be denied by
the agency that should be funding it and that's the T.D.C. - first and
foremost, I don't think we should allow anybody to come here and apply
that haven't applied to the people who have the million dollars a year to
spend, that's the Bed Tax. Second of all, what happened this year is
not Mendez' fault, not Gary's fault, somewhat it is our fault but I don't
think we can take the full blame. We set a figure and said to that
Festival Committee, "Here's what you've got to work with, now you eval-
uate and you feel and recommend to this Commission." They went through
an awful lot of hours to accomplish what this Commission wanted them to
do. What did this Commission do to them? This Commission after all of
their going through and all of their deliberations took $175,000 away
from them and gave it to the New World Festival - pure and simple.
Now, you can argue back and forth on New World Festival but out of I
` think $400,000 or $420,000 that we said to the Committee, here is what
we want you to come back and recommend, right after everything is com-
pleted and they've done their work they've taken $175,000 away from them
and it threw everything into chaos. I would hope that in the coming year
that this Commission could go on record of only addressing the problems
of those people who have been denied by the proper agency, which is in
my estimation the T.D.C.► and that we do, in fact, set whatever that fig-
ure is that these are x-number of dollars, that's the bottom of the bucket
and we can't go no more.
Mr. Gary: Good.
Mayor Ferre: I'll vote with that.
Mr. Plummer: And I would hope that the Manager could come back to this
Commission and establish a policy similar to what I have outlined because
I personally believe that in the future it is going to have a full under-
standing with the people who come to this Commission, knowing fully well
when they come here that the bucket is empty.
Mayor Ferre: Let's memorialize that in a motion, and as I understood the
intent of both, I think we can do both of your statements into one motion,
and let me repeat the motion. Mr. Manager, the sense that I hear on this
Commission is this: (1) That we will only deal with those people that have
been through the T.D.C. process and have been turned down and (2) that they
must go through the Festival Advisory Committee and that the City of Miami
Commission will act only as an appeal board beyond that. Okay? Is that
proper?
Mr. Plummer: That's the sense of the motion, but....
Mayor Ferre: And (3) that we're going to set up a total budget....
Mr. Plummer: That's the key.
Mayor Ferre: ... that we will not deviate from throughout the year and
that I think it might be necessary to leave some kind of a contingency
fund so that we can do these things as they come up, that we will not
deviate from that sense.
Mr. Plummer: Mr. Mayor, the T.D.C. does, in fact, keep a lot contingency
for emergencies and I think we should do likewise.
Mayor Ferre: I'm talking about the City of Miami.
Mr. Plummer: Well, I'm saying that we should do likewise, out of the
total dollars allocated.
Mayor Ferre: Okay, will you include that in your motion? JUL 2 9 1982
15
0
Mr. Plummer: Sure.
Mayor Ferre: All right, do you second the motion?
Mr. Perez: How much is going to be the 10%?
Mr. Plummer: The 10% of the total dedicated to that fund, if it is a
half a million dollars,.....
Mayor Ferre: J. L., we'll deal with that at the budget time but the sense,
the instructions to the Manager are that we set up a total fund for it and
that we not deviate from it and that these other conditions be a part of
it. Did I express that properly? All right, that has been moved and
seconded by Commissioner Dawkins. Is there further discussion? Call the
roll.
The following motion was introduced by Commissioner Plummer who moved its
adoption:
MOTION NO. 82-723
A MOTION STATING THE POLICY OF THE CITY COMMISSION THAT,
IN CONNECTION WITH ANY FUTURE REQUESTS FOR FUNDS IN CON-
NECTION WITH THE HOLDING OF FESTIVALS, THE COMMISSION
HEREIN STIPULATES AS FOLLOWS:
(1) THE COMMISSION WILL ONLY HEAR OR ENTERTAIN REQUESTS
FROM GROUPS WHICH HAVE ALREADY BEEN BEFORE THE T.D.C.,
AND WHO HAVE BEEN DENIED THE ASSISTANCE;
(2) THAT ANY SUCH GROUP MUST GO THROUGH THE FESTIVAL
ADVISORY COMMITTEE, THE CITY COMMISSION TO ACT AS
AN APPEALS BOARD ONLY;
(3) THAT A TOTAL BUDGET BE IDENTIFIED AND SET SPECIFIC-
ALLY IN CONNECTION WITH FUTURE REQUEST FOR FUNDS, A
BUDGET FROM WHICH THE CITY WILL NOT DEVIATE; AND
(4) THAT THE CITY CREATE A CONTINGENCY FUND TO BE USED
FOR EMERGENCIES ONLY: ALLOCATING THEREIN NOT MORE
THAN 10% OF THE TOTAL BUDGET SET ASIDE FOR SUCH
PURPOSE.
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.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mayor Ferre: Now, in the meantime, Mr. Manager, as I understand, your
recommendation is that for Item #1 you're recommending $5,000, for Item #2
you're recommending full funding, for Item #3 there was no recommendation?
Mr. Gary: Items #3 and #4, we're recommending no funding.
Mayor Ferre: I see. All right, I know that there are some representatives
of these various groups here.
Mr. Plummer: What about #4?
Mayor Ferre: He said no funding, 3 and 4, no funding.
Mr. Gary: Mr. Mayor, I think it is important, this is not to put the
City Commission in a bind or to eliminate your opportunity to make a
decision but what we did is we took the City Commission's previous
motion which is indelible in'my mind because I hear it every year from
Commissioner Plummer is that our requests, those requests were evaluated
in terms of a Commission policy which says that we will fund those proj-
ects that deal with feeding the hungry, sheltering the needy, caring for
the infirmed and elderly and housing and those were the priorities we
established and the criteria we d in evaluating these programs. You
JUL 291982
do have the right to make different types of decisions.
Mr. Plummer: Well, Mr. Manager, I think the important thing that we,
the Commission, have to understand this morning is to what dollars do you
have available at this time. Obviously, if you have recommended $5,000
for the children and $25,000 for Mendez there are some funds available or
have been identified.
Mr. Gary: Mr. Mayor and Commissioners, what we have done is look at our
budget not only in terms of this year's budget but next year's budget
and we're saying to you right now that we have a flexibility from 50 to
$60,000. The remaining surplus we have in this year's budget is included
in your 83 budget as a carry-over fund balance to minimize the impact of
lay-offs and other types of service reductions. Now, the reason we aren't
using all that $60,000 is primarily because the year is not out.
Mayor Ferre: All right, I would like to make the following recommenda-
tions on the first two. Okay? That with $5,000, as I understand it from
Ms. Dozier, they cannot survive in the Coconut Grove Children's Theatre.
They can survive with 15 so I would recommend that we fund it for 15 and
hope that they will get other funding. In the second item, Mr. Mendez
insisted he needs a full $25,000 because of the requirement of 31 police
officers, in my opinion that can be substantially reduced, I don't think
we're going to need 31 police officers. I might remind you of that whole
thing that we had in Little Havana in Calle Ocho in the big carnival cele-
bration, that we ended up with 8 police officers, they wanted 30, we ended
up with 8, there was only one incident in the whole two day affair and it
occurred after the carnival at 9:30 at night when a man shot somebody else
but during the whole event there was no incident and I think we ended up
with a dozen police officers on duty. I think 31 is an awful lot of
police officers for a small celebration in Wynwood and, therefore, what
I'm saying, Mr. Manager, is that I would recommend that we go to $20,000,
reduce the police and if we cannot reduce the police then fund them the
additional monies up to $25,000 depending on the number of police officers
that we're going to need. Demetrio?
Mr. Perez: Mr. Mayor, I support your idea but I would like to know from
the Manager's Office what are the reasons to refuse #3 and #4. Do you
have any specific recommendation? Because I didn't have the back-up.
Mayor Ferre: Would it be acceptable to you if we do these one at a
time, or do you want to do them all? In other words what I think I
would like to see, if we could move....
Mr. Perez: I move the motion for #1 and #2.
Mayor Ferre: All right, Commissioner Perez moves 1 and 2 as amended.
Any problems with that?
Mr. Carollo: I second the motion on that.
Mayor Ferre: All right, further discussion? All right, call the roll on
$15,000 for Coconut Grove Children's Theatre and the $20,000 for the First
Annual Wynwood Festival as amended.
17 JUL 291982
The following motion was introduced by Commissioner Perez who moved its
adoption:
MOTION NO. 82-724
A MOTION OF THE CITY COMMISSION GRANTING TWO REQUESTS FOR
FUNDS, AS FOLLOWS:
(1) A GRANT OF $15,000 TO THE COCONUT GROVE CHILDREN'S
THEATRE: AND
(2) A GRANT OF $20,000 IN CONNECTION WITH THE HOLDING
OF THE "FIRST ANNUAL WYNWOOD FESTIVAL", WITH $5,000
EXTRA CONTINGENT IN CASE THERE IS NEED TO INCREASE
THE TOTAL NUMBER OF POLICE OFFICERS WHO WILL ASSIST
IN THIS EVENT.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins*
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
ON ROLL CALL:
*Mr. Dawkins: Mr. Manager, before I vote yes, you say you've got a $60,000
surplus?
Mr. Gary: Yes, sir.
Mr. Dawkins: So if we take 35 from 60, that leaves 25 that you've got, right?
Mr. Gary: Yes, sir.
Mr. Dawkins: And, therefore, the other two, 3 and 4 want $60,000 request,
you've only got a balance in there of $25,000 to go through the year, am I
right?
Mr. Gary: Yes, sir.
Mr. Dawkins: Okay, I vote yes.
12.2 GRANT REQUEST FOR FUNDINGI NATIONAL SALESIMNS' CONVENTION
INTE:QNATIONAL XZA. I'MO. 8214INAR FOR CUBAN ACCOUNANTS IN LXILE.
Mayor Ferre: Now, the question with the remaining $25,000 is whether or not
we go to the National Salesmen's Convention or to the Inter -American Regional
Seminar for Association of Cuban Accountants. We have a rather strong memor-
andum here from Mr. Frank Diaz Pou, is he here, Mr. Manager?
Mr. Gary: Yes, he is, Mr. Mayor.
Mayor Ferre: Could we ask, and who is going to address Item #3, is there some-
body who will address 3?
Mr. Gary: Well, those are along the same lines, Mr. Mayor, in terms of the
recommendation there.
Mayor Ferre: Well, will Mr.•Diaz-Pou address the Commission in review, I've
read his memo, I just received it this morning, but I have read the top two
pages but perhaps you can synthesize it for the Commission.
Mr. Frank Diaz-Pou: Mr. Mayor and Commissioners, basically the conclusion
of our review of the proposal is the following: This type of seminar 9 1982
18 JUL
sponsored by professional organizations are usually self -financed by
participants' fees and in other instances are partially supported by
private sector vendors. In their proposal the organization stated that
several manufacturers of computers who will exhibit and demonstrate
their products, however, no provision was made in the budget for revenues
from those exhibitors and basically, normally when you have some private
sector participation in this type of event, the association could easily
obtain their financial support for the budget costs. There are some
other professional organizations such as the local chapters of the Florida
Institute of Certified Public Accountants and the Cuban American Certified
Public Accountants Association that regularly conducts this type of seminars
for continuing education purposes without any financial support from the
public sector. That is why also we found some poor disclosure in the areas
of the budget, especially there are two line items in the budget accounting
for 60% of the expenditures there that we couldn't determine the nature of
those expenditures. That is why we recommended to the City Manager that
we should not support financially the seminar and we will advise them to
take into consideration revenues from the private sector and make some cuts
in the budget.
Mayor Ferre: All right, any questions of Mr. Diaz-Pou and his memo? If
not, if one of you would like to represent the accountants.
Mr. Aristedes Mendez-Insua: I am the President of the Organizational
Committee. By the way, I was expecting a call from Mr. Diaz-Pou, I was
_ advised yesterday that he was going to do it to get more information about
what he called poor disclosure but he didn't do it. Then he cannot compare
an Inter -American event with seminars that our association, we celebrate
every month same as the Cuban Americans, are something very different. In
this particular case, we have more than $12,000 of the Executive Committee
of the Association of the Inter -American Association of Accountants that
is something that we have to support, that is one-half of the total fixed
expense that we have for this event. I believe that our Inter -American
seminar would bring to this City 500 accountants from outside this country.
I believe that is very difficult that this can be obtained through the
events that are mentioned in the memo of Diaz-Pou. Thank you very much.
19 JUL 291982
s
Mayor Ferre: Mr. Mendez-Insua, let me ask you a question. Your convention
is going to be held on what dates?
Mr. Mendez-Insua: October 20th to 22nd at the Hyatt Hotel.
Mayor Ferre: In Miami.
Mr. Mendez-Insua: In Miami.
Mayor Ferre: And it is sponsored by your association.
Mr. Mendez-Insua: By our association. It is sponsored by the Inter -American
Conference of Accountants.
Mayor Ferre: I am sure that many of the people that are part of your association
live in Coral Gables, or in the County, or Hialeah, or other parts of this
community. Have you requested any money from Dade County or the State of
Florida?
Mr. Mendez-Insua: We will be in the process in the near future.
Mayor Ferre: But you are asking for $30,000.
Mr. Mendez-Insua: Yes.
Mayor Ferre: O.K., which is SOX of your budget. How much of your total
budget, of $30,000 which you are asking for, are the members willing to
contribute? I am talking about the members of your particular association?
Mr. Mendez-Insua: The other day this matter was discussed. We believe that
we can raise around $10,000.
Mayor Ferre: Between your own membership?
Mr. Mendez-Insua: Between our own membership.
Mayor Ferre: So that of $30,000 leaves $20,000.
Mr. Mendez-Insua: Yes.
Mayor Ferre: If we have a State of Florida, we have Coral Gables, we have
Metropolitan Dade County and we would all share in the remaining $20,000,
what would be a fair portion for the City of Miami?
Mr. Mendez-Insua: I don't know.
Mayor Ferre: Well, I'm asking for your opinion. If you can raise $10,000
of the $20,000 that remains, how much would it be fair for the City to
participate in, in your opinion..?I just want your opinion. The State
the County, and the other governments here, Hialeah, Coral Gables.
Mr. Mendez-Insua: $10,000.
Mayor Ferre: They are saying we give them $10,000, but the problem is....
Mr. Perez: But do you think that if this Commission gives them $10,000
it would be for that conference?
Mr. Mendez-Insua: We would try to get the rest from some other place.
Mr. Perez: This is the third Inter -American Seminar. You celebrated two
before, two different seminars.before?
sl 2� • JUL 2 919s2
Mr. Mendez-Insua: No, as it is stated in my....
Mr. Dawkins: Mr. Mayor, we have a long agenda. Can we move these two items
and get out of here?
Mr. Carollo: Mr. Mayor, what I would like to do is make a motion that we
approve $20,000 for the National Salesmen Convention and the $10,000 that
would help these people go along with....
Mr. Dawkins: I second the motion if the Manager will have no problem attempting
to identify $5,000.
Mr. Gary: The Manager is very obedient.
Mr. Dawkins: I second.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 82-725
A MOTION OF THE CITY COMMISSION GRANTING TWO REQUESTS FOR
FUNDS, AS FOLLOWS:
(1) A GRANT OF $20,000 IN CONNECTION WITH THE HOLDING
OF THE "NATIONAL SALESMEN CONVENTION"; AND
(2) A GRANT OF $10,000 TO BE USED IN CONNECTION WITH
THE CONDUCT OF THE "INTER-AMERICAN REGIONAL SEMINAR
FOR THE ASSOCIATION OF CUBAN ACCOUNTANTS IN EXILE."
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
* Mayor Maurice Ferre
NOES: None.
ABSENT: None.
ON ROLL CALL:
* Mayor Ferre: I vote yes, but I need to explain my vote. We have a recommendation
from the Administration that we not fund either one of these things. I think
that it is a fairly valid recommendation. This is a private organization.
On the other hand, Miami is trying desperately to become an Inter -American
City. So I think we have some responsibility. However, I think it is
extremely unfair for you to come here and expect us to carry the full
burden. And Ofelia, you and I have known each other for a long time. You
know that I have always tried to be fair on these matters. But I am somehow
discouraged when we see that you have not been to Metropolitan Dade County.
Metropolitan Dade County has a budget ten times the size of Miami. They have
millions of dollars for these things, millions!
They just spent $1,200,000 for a festival which was a failure, an art
festival. I think that it is unfair for the City of Miami to always have
to carry the burden for all these things. And I think, I hope that $10,000
is helpful. I have no doubt that Steve Clark and the Members of the Commission
of Dade County, who are your very good friends, will gladly give you $10,000.
And I don't see any reason why you cannot get $3,000 from Hialeah, and $2,000
from Coral Gables. I think that is the minimum contribution that they can
make. They benefit just as much as we do. This is one small government.
Everybody seems to think that the City of Miami can do everything. Well, we
can't.
The second thing that L want to make with regard to the other one;
that is a community based obganization. I think that is somewhat different.
I think we need to help. We have helped the CAMACOL greatly. We have helped
time after time, we helped CAMACOL. Time after time we helped the Inter -
American Chamber. This is a similar organization. It is a community based
organization.
*A JUL 29 1982
Dr. Ofelia Tabares Fernandez: Mr. Mayor, if I may, my name is Ofelia
'Tabares Fernandez. I am a member of the Association of Cuban Accountants
in Exile. I see your point. I believe that all we can say is thank you,
anyway, for your support. We are in the process of applying for monies at
the County and at the State level. We hope we will be successful in our
request also. We want very much for all the Commissioners to be aware of
the importance of this meeting. Previous to our conference, there is going
to be a special executive committee meeting in preparation for the next
Inter -American Conference of Accountants, which is going to be held in
Brazil. We hope that if we make a tremendous conference this time, we will
be able to bring to Miami the 1985, which is the big thing. That is why
we really are working very, very hard. We are devoting a lot of time to
the organization of this event which is relatively a small event because
we want to impress them with the City of Miami and try to bring the 1985
Inter -American Conference to Miami.
Mayor Ferre: That is wonderful, Doctor. I want to thank you for your
diligence, your wonderful community work. I am grateful to you and to your
associates. That is why rather than letting you go away with nothing, we
have agreed to match what you have... you are putting up $10,000 and we
are going to match you and give you $10,000 too. I might say to Dr. Mendez-
Insua, who I talked to last time and his colleague ... I said we would match
you. When you came to see me I said, "Whatever you raise, we will raise."
So I am glad we made that commitment.
Mr. Gary: Mr. Mayor, may I ask you to clarify the decision on items 3 and 4,
just in terms of the amounts?
Mayor Ferre: $10,000....
Mr. Gary: For 4.
Mayor Ferre: ....allocated for item #3.
Mr. Gary: For 4.
Mayor Ferre: I stand corrected. $10,000 for the Inter -American Regional
Seminar of the Association of Cuban Accountants to be held in October session
year, where 500 delegates will attend a meeting at the Hyatt Hotel.
Mr. Gary: And $20,000 for number 3.
Mayor Ferre: Thank you very much, ladies and gentlemen. If I can be of
any help to you with Metro, I would be happy to go with you and plead
your case with you. So you can count on me. I will be happy to go.
Ms. Cornelia Dazier: Mr. Mayor, on behalf of the Children's Theatre I would
like to thank the City of Miami, Commission, and all of you for awarding
the $15,000. I would also like to state that because we will be able to do
our tenth anniversary celebration, that five performances will be given to
the City and the City's children.
Mayor Ferre: Thank you. Ms. Dazier, thank you, good luck. It is very
important that...I know you have been trying diligently to raise funds,
and I know it. But government cannot continually sustain all of the art
programs. I wish you the very best. Good luck in your fund raising. I
am glad that we were able to save it for this year. I hope that next year
our contribution will not have to be as much.
Ms. Dazier: We certainly hope so. Thank you very much again.
Mayor Ferre: Good luck.
AT THIS POINT AGENDA ITEM #F WAS DEFERRED UNTIL THE
AFTERNOON SESSION OF TAE MEETING.
sl .� JUL 2 91982
13. CONTINUED MANAGEMENT FOR DINNER DEY MARINA BASED ON RECENT
COURT DECISION
Mayor Ferre: We are on item G, which is Dinner Key.
Mr. Gary: Mr. Mayor, with regard to this item, if you recall, the lower
court invalidated our selection process of Biscayne Recreation....
Mayor Ferre: Yes, sir.
Mr. Gary: ....to manage that facility. The Law Department appealed this
to the Supreme Court to try to get it overturned. The Supreme Court, by
4:1 refused to hear this item, which in effect upheld the lower court
decision that the contract should be null and void. We have had discussions
with the Law Department. In your package you have the rendering from the
court as well as the analysis by the City Attorney. We have had some
discussions in term of the time that should be given to the firm to vacate
the premises in lieu of the court decision to make this legal. We have
set a date of 15 days from the decision, which is consistent with current
legal requirements as relate to eviction.
In the interest of trying to protect our interest of that facility
as well as to keep it operating, we have had, my Assistant City Manager,
Mr. Randy Rosencrantz, as well as other staff, coming up with a contingency
plan which state two primary things. The first is that we would like to
put the employees on contract that are currently there to be supervised by
Mr. Rodriguez, who was previously responsible for that particular activity.
Secondly, we would like to continue the services of Mr. Wisdom, who was
utilized by the firm to do the permiting process so that we would hamper
that process in order for us to continue to move forward to develop our
marinas, which is sorely needed. The third thing is that we would like to,
in this interim period, prepare an analysis as to what course the City
should be taking with regard to the future management of the marina, which
we will be doing within the next two or three months.
We would like to inform the City Commission of this and seek its
approval, endorsement, or guidance in this matter. If you have any
questions, I have Mr. Rosencrantz.
Mayor Ferre: I do have a question.
Mr. Gary: Yes, sir.
Mayor Ferre: Mr. Manap^r, a previous Commission has gone on record on a
policy matter. It was hotly debated for about two years. We finally came
to a conclusion on it. -You are under instructions from the previous
Commission, which of course is binding on you and us until we change it.
The matter is very, very simple. It was the conclusion of the City of
Miami Commission at the time, and I grant you this was five years ago,
but it is still a law of the land for this City until we change it, that
the City of Miami was going to get out of the management of marinas'
business. That was not in our best interest, that we were not the best
managers, that we were going to let the private sector bid on it.
Now, what has been turned down, in the legal process, it is not our
decision to do that, but how we did it. Therefore, it is my conclusion,
that you are under instructions to immediately go out and rebid this
matter and do it under the proper legal guides as determined by the City
Attorney's Office and put it out for management bid.
Unless this Commission reverses its position, it was the will of
this Commission, of a previous Commission, that we get out of the management
of marinas. We cannot get out of the management of Police Departments, or
Fire Departments, or Building and Zoning, and all that. But the marina
business is a very particular kind of business. I think that both the
Tom Post operation and this bne recently as taken over by these people,
especially since its been improved, has shown a tremendous amount of
improvements.
JUL 2 91982
1
Mayor Ferre (CON'T): The clear case, because this has been controvertial,
but the one at Miamarina is very clear: that there is a much improved
operation since the private sector has been managing it. If somebody in
this Commission wants to reverse that....
Mr. Dawkins: I do, Mr. Mayor, in that I was not in the previous Commission....
Mayor Ferre: Fine, you are entitled to reverse that.
Mr. Dawkins: ....that made that. I would like to have the Manager review
this and in the September meeting....
Mayor Ferre: Make a motion.
Mr. Dawkins: I make a motion that we follow the Manager's recommendation
that we have to do something now immediately. The Manager has to have
directions to either close down the marina, or operate it as the court
says on the 15th. I would like to make a motion that the Manager go ahead
and assume the responsibilities of managing and maintaining the marina
as per the court order, and then come back in September and show me the
feasibility of the City operating... because I do believe the City can
operate this marina at a profit. If I am in error and it is shown to me
then I will be against it..
Mayor Ferre: Fine. There is a motion on the floor. Is there a second
on that motion?
Mr. Plummer: Mr. Mayor, I'm not going to tell you... Yes, I second that
motion. Under discussion. Mr. Dawkins, sir, I respect your age. As an
individual, you must respect mine as to longevity of a Commission. I
seconded your motion only, sir, so you could get a very liberal education.
You will get it higher and deeper for sure. Mr. Dawkins, you are
entitled, sir, to become an expert in the next 30 days of the operation
of marinas. Sir, I want to tell you that there is no way the City of
Miami can compete with private enterprise, there is just no way. I would
like to believe that it is possible, but there is no way. But I want you
to have the opportunity to realize that and I seconded your motion.
Mayor Ferre: I just want to express my position. I guess we'd better get
a full Commission here. Would some member of the Administration tell
Commissioner Carollo that we are about to vote on something that I think
he should be voting on?
Mr. Gary: Mr. Mayor.
Mayor Ferre: Let me express my position, Howard. You have to take over
the running of this marina. I completely concur with your first two
recommendations: the hiring of the people that are out there, the retaining
of the management. The only reason I do not concur with this motion as
it has been made is because it does not instruct you to immediately prepare
a bid document to put this out for lease. You can make that as strict
as you want, and I'm sure you will. You can make it as lucrative as
you want, with a minimum payment. You have a lot of information. It has
to be on a bid basis. Whoever is the high bidder is going to be the winner.
That is a very clean operation. There are no questions about favoritism.
It is going to be after the experience that we have had with the Supreme
Court. I'm sure there is not going to be anything but a straight bid.
But for us to hesitate now and start going back to study ... Mr. Manager,
I know you were not the Manager at that time, and the only two that were
here then were Plummer and me. But believe me, we went through hell as
Plummer pointed out. This thing took three years of name calling, fighting,
public hearings. We wenth through this thing up and down and sideways.
We all came to the conclusion that it was a difficult decision, but that
the City should get out of the management of ithe pgrina business. We are
just not qualified. We sent people to California. Stuart Sorg went on
his own; paid for his own trip. Came back with the report. In California
all of the governments, Long Beach in California, this place in California,
they all let the private sector sun their marinas. They are better managed.
They are better operated and in most places in the country, where governments
have land on water where there are marinas, they are operated by the private
sector. I think of... listen, we have to manager our parks, because we have
no other choice, but we let our golf courses ... both of those golf courses
sl N AL 29198Z
Mayor Ferre (CON'T): ....are run by the private sector. They are much
better managed by the private sector than when we manage them... the
people who have leases....
Mr. Dawkins: Mr. Mayor, since we are waiting for Commissioner Carollo,
let's save this until we through the rest of the items, and let's move
on to see if we can get out of here.
Mayor Ferre: All right, sir.
Mr. Dawkins: Since it is controversial.
Mayor Ferre: We also need to talk about the engineering contract on that,
Mr. Manager, on item G, when we get a full Commission. Dinner Key Marina
is something we need to move along on.
Mr. Perez: Mr. Mayor, why didn't we get back up information on this item?
Mayor Ferre: On what item?
Mr. Perez: Item G.
Mayor Ferre: Mr. Manager, the question is why didn't we get any back-up
on item G.
Mr. Gary: I apologize to the Commission. We submitted it, but it was a
part of your addendum. If you recall, when you compress the meetings, it
makes it very difficult for us to comply with the five-day rule. We just
had a meeting on the 22nd, this is the 29th. In addition to that we just
received the court ruling from the City Attorney's Office, not that he
was holding it up, but that is when the information came to him. But it
was a part of your supplemental package.
Mr. Perez: Mr. Mayor, I think this is a very important issue; that we have
to be prepared to vote. We did not have time. We did not have the information,
you know?
Mayor Ferre: We will put that off then. Will you withdraw your motion
for now and you will resubmit it?
Mr. Dawkins: O.K.
Mayor Ferre: The motion has been withdrawn for now and it will be resubmitted
when we have a...
I tell you what, in the interest of time, Mr. Manager, so that we can
get item G behind us, Miller, if you would just make a motion that the
City Manager be instructed to retain the management that he is, as you said
and as he pointed out, and then we leave the issue of whether or not we
go out to public bid or not for another discussion. Then that is not
controversial. The four of us are in agreement. That way he can comply
with the regulations of the Supreme Court. Is that seconded by you, Plummer?
Further discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption.
MOTION 82-726
A MOTION AUTHORIZING AND INSTRUCTING THE CITY
MANAGER TO IMPLEMENT AN OPERATIONAL PLAN FOR THE
CONTINUED MANAGEMENT OF DINNER KEY MARINA (AS MORE
FULLY OUTLINED IN MEMORANDUM FROM RANDOLPH
ROSENCRANTZ TO HOWARD GARY, DATED JULY 26, 1982)
NECESSITATED BY A RECENT COURT DECISION WHICH HELD
AS INVALID THE CITY'S PREVIOUS CONTRACT FOR
MANAGEMENT OF THE MARINA; DEFERRING TO A LATER
DATE THE ISSUE AS -TO WHETHER THE CITY SHOULD
PUBLICLY BID FOR MANAGEMENT OF DINNER KEY MARINA OR
OPERATE THE MARINA UTILIZING CITY EMPLOYEES.
� 'JUL 291982
ado tegbobe�ng snonded by Commissioner Plummer, the motion was passed and
p y t e fo owing vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
* Vice Mayor Joe Carollo *NOTE: Commissioner Carollo, though
Mayor Maurice Ferre absent on roll call, later requested
of the Clerk to be shown as voting
NOES: None. with the motion.
ABSENT: None.
Mayor Ferre: Would you schedule now, Mr. Manager, for the next meeting
the item of the City of Miami running that marina or going out for public
bid and the question of the engineering for the design. Yes, sir.
Mr. Gary: Mr. Mayor, I hate to do this at Commission, but I think that
it is very important for us to make a decision on the engineering....
Mayor Ferre: I'm with you.
Mr. Gary: ....because we have a whole month of August and we have people
working on it, and every day is costing us money. Every day of delay is
going to push us back considerably.
Mayor Ferre: I'll bring this as soon as Carollo walks back in. We will
come back to that issue on item G. I think that is something we must vote on.
I am ready to vote on it.
14. EMERGENCY ORDINANCE: AMEND SECTIONS OF CITY CODE - PROVIDE
ENLARGED MEMBERSHIP FOR CODE ENFORCEMENT
BOARD
Mayor Ferre: We are now on item number 3. This is....
Mr. Plummer: H and I, you are holding up?
Mayor Ferre: Why sure! Well, the Charter Amendment is something that
I think Carollo should be here.
Mr. Plummer: I have no problem.
Mayor Ferre: Item I is the budget and he should be present to the five
minute discussion on that. Anybody have any problems with 3?
Mr. Gary: I'm sorry, what item are we on?
- Mr. Plummer: 3.
Mr. Gary: That is you, George.
Mayor Ferre: Code Enforcement.
Mr. Plummer: Move it.
Mayor Ferre: All right, it's been moved by Plummer. Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Read the ordinance. Further discussion?
Call the roll.
20 JUL 291982
a . 0
AN ORDINANCE ENTITLED
AN EMERGENCY ORDINANCE AMENDING SECTIONS 2-391,
2-392, 2-393, 2-394, 2-395, 2-396, AND 2-397 OF
THE CODE OF THE CITY OF MIAMI, FLORDIA, AS AMENDED
RELATING TO THE CITY'S CODE ENFORCEMENT BOARD, BY
PROVIDING FOR AN ADDITIONAL DEFINITION AND FOR
ENLARGED MODIFIED MEMBERSHIP OF SAID BOARD WITH
THE MEMBERS OF THE BOARD SELECTING ITS CHAIRMAN
FROM AMONG ITS MEMBERS; FURTHER PROVIDING FOR A
CHANGE IN THE HEARING AND APPEAL PROCEDURE AND
DELINEATING POWERS OF THE BOARD RELATED TO FINES
WITH A REDUCTION IN THE FINES FOR VIOLATIONS FROM
$500 TO $250; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins for adoption as an emergency measure and dispensing with the require-
ment of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
* Vice Mayor Joe Carollo *NOTE: Commissioner Carollo, though
Mayor Maurice A. Ferre absent on roll call, later requested
of the Clerk to be shown as voting
NOES: None. with the motion.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Dawkins , adopted said Ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
* Vice Mayor Joe Carollo *NOTE: Commissioner Carollo, though
Mayor Maurice A. Ferre absent on roll call, later requested
of the Clerk to be shown as voting
NOES: None. with the motion.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9470
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission
and to the public.
15. APPOINT CERTAIN INDIVIDUALS TO CODE ENFORCEMENT BOARD
Mayor Ferre: All right, on item number 4, I would like to nominate
Frank Cobo. Frank is one of the most knowledgeable people on the City
of Miami items. He has been anxious to get involved in some City
function. He called up and -said that might be something that he would
be interested in. I think that's great.
Mr. Carollo: -I'll second that motion.
Mayor Ferre: Moved by Carollo. Second by Dawkins. Further discussion on
the appointment of Frank Cobo? Call the roll.
JUL 291982
sl
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-727
A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL TO SERVE
A TWO-YEAR TERM ON THE CITY'S CODE ENFORCEMENT BOARD;
SAID APPOINTMENT TO BECOME EFFECTIVE ON PASSAGE OF
THE EMERGENCY ORDINANCE EXPANDING THE MEMBERSHIP OF
SAID BOARD, AS MANDATED BY STATE LAW.
(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. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
16. FIRST READING ORDINANCE: AMEND SEC. 18 OF THE CODE - PURCHASING
AND CONTRACTS GENERALLY - PROCUREMENT
- SALE OF REALTY
Mayor Ferre: Take up item 5 on first reading. This is the procurement
ordinance, which ties in to item number H. Mr. City Attorney.
Mr. Knox: Yes, sir. This item represents the implementing provisions
of our proposed Charter change and sets out the entire procedure for the
procurement of goods and services in the City. We are asking the City
Commission at this time to adopt it on first reading. Ther second reading
will take place at the first meeting in September, during which time, of
course, it may be subject to public scrutiny and City Commission input.
Mayor Ferre: Not that I am influenced by Herald editorials, but you, I
am sure, saw the Herald's position in this morning's newspaper. I think
we need to be extremely careful in an area which evidently is very delicate.
We need to approach this very deliberately. It is much too important an
item for us to take any chances. Therefore, Miller, I think that the
City Attorney's advice is very well founded: that we should kind of put
this off until October. That gives us time to make any corrections. I
think that there are some valid objections by the part of the Miami Herald
in their editorial this morning. And even though, as I said, I am not
overly influenced by that, I think they have valid points. I think the
City Attorney is very wise in his recommendation. I commend him for that
and support his position.
Mr. Dawkins: Mr. Mayor, may I ask the City Attorney. Mr. City Attorney,
can we include in this the 20% set aside?
Mr. Knox: Yes, sir, we •do have a provision for a minority participation.
If we have not, we can specifically include it in the ordinance.
Mr. Dawkins: Would you do that for" me, please?
QA
rwlw
sl JUL 2 9 1982
r]
Mr. Knox: Yes, sir.
Mr. Dawkins: Thank you.
Mayor Ferre: Therefore, on item 5 you have heard the City Attorney's
recommendation, what is the will of this Commission?
Mr. Dawkins: Move.
Mayor Ferre: Item 5 has been moved on first reading. Is there a second?
Mr. Gary: J.L. seconds.
Mayor Ferre: Don't all speak at once.
Mr. Perez: Yes, I second.
Mayor Ferre: Second by Commissioner Perez. I know you are all reluctant
to agree with the Miami Herald editorial board, but sometimes they do call
them right. Do you want to say something on this, Howard?
Mr. Gary: No, I'm in support.
Mayor Ferre: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 18-51 THROUGH 18-71
OF ARTICLE IV ENTITLED "PURCHASING AND CONTRACTS
GENERALLY"; AND SECTIONS 18-76 THROUGH 18-77.6 OF
ARTICLE IV.S. ENTITLED "PROFESSIONAL SERVICES
CONTRACTS"; AND SECTIONS 18-78 THROUGH 18-86 OF
ARTICLE V. ENTITLED "SALE OF REALTY", OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
REPEALING SAID SECTIONS IN THEIR ENTIRETY AND
SUBSTITUTING THEREFOR NEW CODE SECTIONS 18-51
THROUGH 18-71 AND 18-76 THROUGH 18-86, ENTITLED:
ARTICLE IV.
PURCHASING AND CONTRACTS GENERALLY
18.51. PROCUREMENT ORGANIZATION.
18-52. CONTRACTING METHODS AND PROCEDURES.
18-53. TYPES OF CONTRACTS.
18-54. QUALIFICATIONS AND DUTIES.
18-55. INSPECTION AND DUTIES.
18-58. PUBLIC ACCESS AND INFORMATION.
ARTICLE V.
SALE OF REALTY
18-78. METHODS AND PROCEDURES FOR SALES AND LEASES
18-79. APPLICABILITY.
18-80. AUTHORITY TO SELL.
18-81. COMMISSION ON SALE.
18-82. EXPENSES OF ABSTRACT OF TITLE.
18-83. PAYMENT TO BE IN CASH - CERTIFIED CHECK.
18-84. CITY ATTORNEY RESPONSIBLE FOR CLOSING OF SALE.;
CONTAINING A RENUMBERING CLAUSE; A REPEALER PROVISION; A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Was introduced by Commissioner Dawkins, and seconded by Commissioner
Perez, and passed on its first reading by title by the following vote:
too
JUL 29 1982
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
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.
17. PROVIDE FOR PROPOSED CHARTER AMENDMENT: PROCUREMENT CODE SECTION
Mayor Ferre: We are now on item number 6, which is the companion item.
Mr. Knox: Yes, sir, now Mr. Mayor, item number 6 is the actual implementing
device for the proposed Charter amendments and we have requested that, as
you indicated earlier, that the referendum election take place on October Sth.
There is one significant change that we added. That is to provide that no
amendment to the procurement code may by made by the City Commission without
a referendum vote. This is the actual device that would be the subject
matter of the Charter amendment.
Mayor Ferre: This is first and second reading. This provides for the
amendment of the Charter to require that any proposed amendment to the
procurement code section be subject to a referendum. Let's make very sure
that we understand what we are voting on. We need Plummer on this.
Mr. Knox: Mr. Mayor, for the record, this will be first reading only.
Mayor Ferre: We are not going to have it on second reading?
Mr. Knox: No, sir.
Mayor Ferre: Well, then we don't need four people. Let us make sure that
those of us that are here understand what we are doing. When George Knox
met with the editorial board of the Miami Herald and with other people around
here, on of the ways they figured that this thing would be a little bit tighter
so that a future Commission, or this Commission could not play games with this
is that once this is adopted, we cannot change it unless we go back to the
electorate. O.K.? I think that is a very wise recommendation of Mr. Knox's.
He came up with that as a proposal. I think it is very helpful. And so, we
all know what we are voting on. Has it been moved?
Mr. Knox: No, sir.
Mayor Ferre: Are you going to move it?
Mr. Perez: I second.
Mayor Ferre: It has been moved by Dawkins and seconded by Perez. Read the
ordinance. Call the roll on first reading.
JUL 2 91982
L
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 1 AND 2 OF ORDINANCE
NO. 9459, ADOPTED JUNE 24, 1982, CONTAINING A PROPOSED
CHARTER AMENDMENT KNOWN AS "CHARTER AMENDMENT NO. 1"
WHICH PROPOSED AMENDMENTS TO SECTIONS 3,52, AND 53
OF THE CITY CHARTER PERTAINING TO PROCUREMENT METHODS
AND PROCEDURES BY ADDING LANGUAGE OF LIMITATION TO
EACH AFORESAID CHARTER SECTION, WHICH LANGUAGE PRO-
VIDES THAT ANY FUTURE AMENDMENTS TO THE CITY CODE
PERTAINING TO THE EXERCISE OF POWERS UNDER THE
PROCUREMENT PROVISIONS OF SAID CHARTER SECTIONS
SHALL REQUIRE THE APPROVAL OF A MAJORITY OF THE
VOTES CAST BY QUALIFIED ELECTORS OF THE CITY BEFORE
SAID AMENDMENTS BECOME EFFECTIVE; FURTHER PROVIDING
THAT THE PROPOSED CHARTER AMENDMENT NO. 1 BE SUBMITTED
TO QUALIFIED CITY ELECTORS AT A SPECIAL MUNICIPAL
ELECTION ON OCTOBER 5, 1982; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins, and seconded by Commissioner
Perez and passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: 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.
18. PROVIDE FOR SPECIAL ELECTION OCTOBER 5, 1982: PROPOSED CHARTER
AMENDMENTS
Mayor Ferre: We are on 7.
Mr. Knox: Yes, sir, item 7 is a resolution calling for the election.
Mayor Ferre: All right, do we have the language for the Charter?
Mr. Knox: Yes, sir. It is contained in the ordinance that you just passed.
Mayor Ferre: The language itself?
Mr. Knox: Oh, for the ballot question?
Mayor Ferre: Yes.
Mr. Knox: It will be in the resolution.
Mayor Ferre: Is it there?
Mr. Knox: Yes, sir, on page two.
Mayor Ferre: It is such a complicated wording. Is there any way, George,
that we can... I know you have been trying hard to get some simple language,
so that people know what the hell they are voting on. It is so complicated!
I mean, I think it takes a lawyer to understand what this thing means.
131
JUL 2 91982
F1
Mr. Knox: We have the.nooperation of the election division to deal with
the language. We had a 75 word limitation.
Mayor Ferre: No, you don't. They gave up it. I saw the letter that fellow
wrote. What he said was, "We don't know how to do this."
Mr. Knox: There are two problems. Number one, there is a 75 word limitation
Number two, everything essentially that is contained, and the changes must
be contained in the wording of the ballot language.
Mayor Ferre: How about a title? Could we put a title to this that would say '
"A New Procurement Regulation that Would Modernize the City's Purchasing"
to make it similar to what Metro and the State of Florida have?
Mr. Knox: Yes, air, we can give the Charter amendment a title, which is
limited to 15 words, which can simplify and identify the measure.
Mayor Ferre: Could we vote on that today, so that we will have it clearly
in our minds? In other words, could you work on the wording of this so
that it will say ... help me with this, Plummer, you're good at these things.
Try to get simple wording, so that people will understand it. I would
recommend something like this: "A New Procurement Policy for the City of
Miami to Modernize the Way it Purchases Goods and Services to Make it
Similar to the Provisions at Metro and the State of Florida."
I think it is important to let people know that not only we are
modernizing but we are doing what Metro and the State are already allowed
to do.
Mr. Knox: Yes, sir, we can work on that. We will count those number of
words and we will give you a....
Mayor Ferre: Why are you shaking your head, Bob? You don't want to put
Metro and the State? Is that it?
Mr. Robert Clark: Our Code is an updated version of modern...
Mr. Knox: We will work on the language.
Mr. Clark: We will work on the language with Mr. Leahy.
Mr. Knox: With the City Commission.
Mayor Ferre: We need to get something that people can get a handle on.
Mr. Knox: Mr. Mayor, we will....
Mayor Ferre: I am the average voter. Now listen to this: An ordinance
setting forth... this is what we are voting on, right?
Mr. Knox: Yes, sir.
Mayor Ferre: "Shall the measure known as Ordinance 9459, as amended,
and entitled 'AN ORDINANCE SETTING FORTH A PROPOSED CHARTER
AMENDMENT, KNOWN AS CHARTER AMENDMENT NO. 1, AMENDING SECTIONS
BAH, BAH, BAH, BAH,... OF THE COMPREHENSIVE PROCUREMENT PROCEDURE:
PROVIDING FOR THE POWER TO ACQUIRE AND DISPOSE OF ALL REAL AND
PERSONAL PROPERTY AND SERVICES; DEFINING AND AUTHORIZING UNIFIED
DEVELOPMENT PROJECTS; FURTHER PROVIDING FOR PROCUREMENT METHODS
TO BE IMPLEMENTED BY ORDINANCE FOR THE ACQUISITION AND DISPOSITION
OF PERSONAL PROPERTY, REAL PROPERTY INCLUDING WATERFRONT
PROPERTY, PUBLIC WORKS AND IMPROVEMENTS AND UNIFIED DEVELOPMENT
PROJECTS; THE RENAMING AND REDEFINING OF DUTIES OF THE PURCHASING
AGENT; FURTHER PROVIDING FOR AFFIRMATIVE ACTION, NONDISCRIMINATION
AND MINORITY PARTICIPATION IN TRANSACTIONS WITH THE CITY; CONTAINING
LIMITATIONS..."
You know, do you really think somebody is going to understand that when
they vote on it?
'32
JUL 2 91982
Mr. Knox: We will give you 15 words or less consistent with what you have
suggested, Mr. Mayor. We will get it to you before the end of the meeting.
Mayor Ferre: All right, do we have a motion in the meantime on item 77
Mr. Plummer: It's been moved.
Mayor Ferre: Has it been moved?
Mrs. Hirai: No, sir.
Mayor Ferre: No, it has not. Does somebody want to move that?
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves. Any second? Perez seconds. Further discussion?
Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-728
A RESOLUTION CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON THE 5TH DAY OF OCTOBER, 1982, FOR
THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF
THE CITY OF MIAMI FOR THEIR APPROVAL OR DISAPPROVAL A MEASURE
KNOWN AS ORDINANCE NO. 9459, AS AMENDED, PROPOSING A CHARTER
AMENDMENT ENACTING A COMPREHENSIVE CITY PROCUREMENT
PROCEDURE; PROVIDING FOR THE POWER TO ACQUIRE AND
DISPOSE OF ALL REAL AND PERSONAL PROPERTY AND SERVICES;
DEFINING AND AUTHORIZING UNIFIED DEVELOPMENT PROJECTS;
FURTHER PROVIDING FOR PROCUREMENT METHODS TO BE IMPLEMENTED
BY ORDINANCE FOR THE ACQUISITION AND DISPOSITION OF PERSONAL
PROPERTY, REAL PROPERTY INCLUDING WATERFRONT PROPERTY,
PUBLIC WORKS AND IMPROVEMENTS AND UNIFIED DEVELOPMENT
PROJECTS; THE RENAMING AND REDEFINING OF DUTIES OF THE
PURCHASING AGENT; FURTHER PROVIDING FOR AFFIRMATIVE
ACTION, NONDISCRIMINATION AND MINORITY PARTICIPATION
IN TRANSACTIONS WITH THE CITY; CONTAINING LIMITATIONS;
FURTHER RESCINDING RESOLUTION NO. 82-598 WHICH CALLED FOR
AN EARLIER ELECTION DATE.
(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 *NOTE: Commissioner Carollo, though
Mayor Maurice A. Ferre absent on roll call, later requested
of the Clerk to be shown as voting
NOES: None. with the motion.
ABSENT: None.
100
'JUL 29 1982
L
19. AUTHORIZE CONTINUED EMPLOYMENT OF LAW FIRM OF STEEL, HECTOR, DAVIS
SPECIAL COUNSEL FOR CLAIMS ARISING OUT OF CONVENTION CENTER
Mayor Ferre: Item 8, which is authorizing the City Attorney to continue
the employment of Steel, Hector, and Davis, and so on. Mr. City Attorney?
Mr. Knox: Yes, sir, we thought it prudent to continue the services of
Steel, Hector, and Davis as our special counsel regarding the construction
of the conference and convention center at least through its completion.
You authorized funds before which have been depleted, and the thing that
we are asking you to do is to provide for a fund out of which fees for
services can be drawn on an as needed basis. We ask you to cap it.
Mayor Ferre: Mr. Manager, do you agree with this?
Mr. Gary: Yes, sir, Mr. Mayor. I can attest to the fact that this firm
has been very instrumental in assisting the Administration and the Law
Department in resolving claims and disputes and protecting our interest
with regard to this facility.
Mayor Ferre: Is there a motion on 8? Is there a motion on 8? Is there
a motion against 8? There is a motion for 8. Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Second by Plummer. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins,
who moved its adoption:
RESOLUTION NO. 82-729
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO CONTINUE
THE EMPLOYMENT OF THE LAW FIRM OF STEEL, HECTOR 6, DAVIS,
AS SPECIAL COUNSEL, REGARDING POSSIBLE CLAIMS AGAINST
THE CITY ARISING FROM THE CONSTRUCTION OF THE CITY OF
MIAMI/JAMES L. KNIGHT INTERNATIONAL CENTER BY AUTHORIZING
ADDITIONAL PAYMENT FOR THESE SERVICES AS NEEDED IN AN
AMOUNT NOT TO EXCEED $45,000 ON A RETAINER BASIS; AUTHORIZING
PAYMENT FOR THE AFORESAID SERVICES FROM FUNDS ALLOCATED FOR
ADMINISTRATIVE EXPENSES OF SAID CENTER CONSTRUCTION; FURTHER
PROVIDING THAT NO MONIES IN EXCESS OF THE HEREIN AUTHORIZED
SUM BE EXPENDED FOR SUCH SERVICES UNLESS EXPRESSLY AUTHORIZED
BY THE CITY COMMISSION.
(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 *NOTE: Commissioner Carollo, though
Mayor Maurice A. Ferre absent on roll call, later requested
of the Clerk to be shown as voting
NOES: None. with the motion.
ABSENT: None.
� JUL 2 91982
i
NOTE FOR THE RECORD: AGENDA ITEM 11 Wro WITHDRAWN -~
------------------------------------------------------------------
20. AUTHORIZE ISSUANCE OF BUILDING PERMIT: DOWNTOWN COMPONENT
OF METRORAIL MAINTENANCE FACILITY
Mayor Ferre: We are now on 12. Any problems with that? That's a routine
thing, isn't it?
Mr. Plu—er: Move it.
Mayor Ferre: There's a motion on 12 by Plummer. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez. Further discussion? Call the roll on 12.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-730
A RESOLUTION AUTHORIZING AND DIRECTING THE MANAGER TO
AUTHORIZE THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION
SERVICES TO ISSUE A BUILDING PERMIT FOR THE DOWNTOWN
COMPONENT OF METRORAIL MAINTENANCE FACILITY TO BE
LOCATED AT THE SITE BOUNDED BY S.W. 1ST STREET, S.W.
1ST AVENUE, S.W. 1ST COURT, AND THE I-95 CONNECTOR
RIGHT-OF-WAY LINE, COMPRISED OF MOSELY SUB (91-2)
AND ADJACENT UNPLATTED LAND, PROVIDED THAT THE PLAT AND
STREET COMMITTEE APPROVES THE TENTATIVE PLAT; AND THAT
THE FACILITY MEETS ALL OTHER CITY REQUIREMENTS.
(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
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice Mayor Joe Carollo
21. ACCEPT BID - SPECIAL POLICE VEHICLES
Mayor Ferre: Item 10 Commissioner Carollo has sent word that he has no
problem with that. Does somebody want to move that?
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves.
5 JUL 29 1982
Mr. Dawkins: Second.
Mr. Perez: Second.
Mayor Ferre: Dawkins seconds. Further discussion? Call the roll.
Mr. Gary: Mr. Mayor, before you do that, I think it is important for you
to know that this is coming out of special State law enforcement funds and
not our funds.
Mayor Ferre: Yes, sir. Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-731
A RESOLUTION ACCEPTING THE FOLLOWING BIDS FOR FURNISHING
SPECIAL POLICE VEHICLES FOR THE DEPARTMENT OF BUILDING
AND VEHICLE MAINTENANCE; BID OF E.V.F., INC. FOR POLICE
MAJOR CRIME SCENE AND MASS ARREST PROCESSING VEHICLE AT A
COST OF $38,233.00; BID OF ARMORED VEHICLE BUILDERS, INC.
FOR POLICE ARMORED VEHICLE AT A COST OF $69,749.00; BID
OF SIRCHIE FINGER PRINT LABS FOR SWAT TRANSPORTATION
VEHICLE AT A COST OF $22,765.20; AT A TOTAL COST OF
$130,746.20; ALLOCATING FUNDS FROM THE LOCAL CRIME
CONTROL PROGRAM OF THE POLICE OPERATING BUDGET; AUTHOR-
IZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE
PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR
THIS EQUIPMENT.
(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. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice Mayor Joe Carollo
22. EXTEND TERM OF AGREEMENT: PUBLIC HEALTH TRUST OF DADE COUNTY
COORDINATION OF HEALTH SERVICES
Mayor Ferre: We are on item 13., approving and ratifying.
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mayor Ferre: It's been moved by Plummer, second by Dawkins. Further
discussion on 13? Call the roll.
JUL 291982
136
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-732
A RESOLUTION APPROVING, RATIFYING AND CONFIRMING THE
ACTION OF THE CITY MANAGER IN AGREEING TO EXTEND THE
TERM OF THE AGREEMENT WITH THE PUBLIC HEALTH TRUST
OF DADE COUNTY WHICH OPERATES JACKSON MEMORIAL HOSPITAL,
AND THE UNIVERSITY OF MIAMI FOR THE COORDINATION OF
EMERGENCY MEDICAL SERVICES, WHICH AGREEMENT WAS IN
EFFECT FROM JULY 1, 1981 THROUGH JUNE 30, 1982, AND
WHICH IS BEING EXTENDED FROM JULY 1, 1982, THROUGH
SEPTEMBER 30, 1982, AT THE SAME QUARTERLY RATE OF
$2,500, IN ACCORDANCE WITH THE TERMS AND CONDITIONS
SET FORTH IN THE ORIGINAL AGREEMENT; WITH FUNDS
THEREFOR ALLOCATED IN THE FIRE DEPARTMENT'S GENERAL
OPERATING BUDGET.
(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. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice Mayor Joe Carollo
-------------------- ----------------------------------------------------
NOTE FOR THE RECORD: AGENDA ITEM 14 WAS WITHDRAWN
-------------------------------------------------------------------------
23. SECOND READING ORDINANCE: AMEND SECTION 5 OF THE CODE
PROVIDE FOR 5 MEMBER CITY OF MIAMI
PROFESSIONAL BOXING AND WRESTLING
BOARD
Mayor Ferre: Now we are on item 15. Is that correct?
Mr. Gary: Yes, sir.
Mayor Ferre: This is the ordinance itself.
Mr. Plummer: You have nothing to appoint them to at this time because
you have not established it.
Mayor Ferre: Does someone want to move 15?
Mr. Gary: You can do a board, but that is not a regulation.
Mr. Plummer: I will move it.
Mayor Ferre: Plummer moves.
Mr. Perez: Second.
Mayor Ferre: Perez seconds. Further discussion? Read the ordinance.
Q7
JUL 291982
I
0
Mayor Ferre: All right, I would like
appoint our new City Attorney, Garcia,
that as quickly as you. If he cannot
second thoughts about him.
to just say, George, that before we
I would like to see if he can read
read it as quickly as you, we may have
Mr. Knox: That ought to be a prerequisite.
Mayor Ferre: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 5-47, 5-49, 5-50, 5-549
5-56, 5-57, 5-58, 5-59 AND 5-61 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE FOR A 5-MEMBER
"CITY OF MIAMI PROFESSIONAL BOXING AND WRESTLING BOARD",
WITH THE CHAIRMAN THEREOF TO BE APPOINTED BY THE CITY
COMMISSION, SAID BOARD TO BE ESTABLISHED UPON THE
EFFECTIVE DATE OF THE ADOPTION OF THE HEREIN ORDINANCE;
PROVIDING THAT THERE BE A SECRETARY -TREASURER OF SAID
BOARD WHO SHALL BE APPOINTED BY A VOTE OF NOT LESS THAN
3 MEMBERS OF SAID BOARD AND WHO SHALL NOT HAVE THE RIGHT
TO CAST A VOTE ON QUESTIONS COMING BEFORE THE BOARD FOR
ACTION OR DECISION; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of July 22, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Perez, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: * Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice Mayor Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9471
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
ON ROLL CALL:
* Mr. Plummer: I think the new City Attorney has the right of five and a half
years of experience to gain to do that as well.
NOTE FOR THE RECORD: AGENDA ITEM 16 WAS DEFERRED
24. FORMALIZING RESOLUTION: ALLOCATE $90,000 TO A.S.T.A. 52ND
ANNUAL WORLD CO21GRESS-AMERICAN SOCIETY OF TRAVEL AGENTS
Mayor Ferre: We are now on 17,*which is A.S.T.A. Plummer, do you want to
move that? •,
Mr. Plummer: Yes, sir.
Mr. Dawkins: Second.
1
68
'JUL 2 91982
Mayor Ferre: Second by Dawkins. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-733
A RESOLUTION ALLOCATING A SUM NOT TO EXCEED $90,000
FROM SPECIAL PROGRAMS AND ACCOUNTS - CONTINGENT FUND,
TO THE AMERICAN SOCIETY OF TRAVEL AGENTS (A.S.T.A.)
TO HELP DEFRAY THE COST OF THE 1982 A.S.T.A. 52ND
ANNUAL WORLD CONGRESS TO BE HELD DURING OCTOBER,
1982, AT THE COCONUT GROVE EXHIBITION HALL AND THE
CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT
INTERNATIONAL CENTER, AS OUTLINED IN THE ATTACHED
MEMORANDUM FROM THE MIAMI CONVENTION CENTER DATED
7/20/82.
(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. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice Mayor Joe Carollo
NOTE:- Commissioner-Carollo entered meeting at 10:48 A.M.
--------------------------------------------------------------------------
25. APPOINT FAUSTO LAVILLA AS OFFICIAL REPRESENTATIVE FEDERATION
OF IBERO AMERICAN PRESS ASSOCIATION IN SPAIN (Formalizing _
Resolution)
Mayor Ferre: Demetrio Perez moves 18. Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Second by Dawkins. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Perez,
who moved its adoption:
RESOLUTION NO. 82-734
A RESOLUTION APPOINTING MR. FAUSTO LaVILLA (DEAN OF
THE CUBAN NEWSPAPERMEN IN EXILE) AS OFFICIAL REPRESEN-
TATIVE OF THE CITY OF MIAMI, FLORIDA, SO THAT ON HIS
FORTHCOMING TRIP TO ATTEND THE ANNUAL CONVENTION OF
"FEDERATION OF IBERO-AMERICAN PRESS ASSOCIATION" IN
SPAIN, HE MAY INVITE THE MEMBERS OF THE SAID ASSOCIATION
TO HOLD THEIR 1983 ANNUAL CONVENTION IN THE CITY OF
MIAMI; ALLOCATING A SUM NOT TO EXCEED $2,000 FROM
SPECIAL PROGRAWAND ACCOUNTS - CONTINGENT FUND, TO
COVER MR. LaVILLA'S TRAVEL EXPENSES.
(Here follows body of resolution, omitted herein and
on file in the Office of the City Clerk).
51 �39 JUL 2 91982
Upon being seconded by Commissioner Dawkins, the resolution was
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
26. FORMALIZING RESOLUTION:
ELECTING & APPOINTING JOSE R. GARCIA-PEDROSA, CITY ATTORNEY
AND ESTABLISHING ANNUAL SALARY AND EXPENSE ALLOWANCE
Mayor Ferre: With regard to item number 19, the only thing that is missing
there is the man's salary, and we haven't discussed that. I have asked him
and he said that he didn't —he thought that that was not proper for him
to get involved in. He would like to make as much as George is making, but
he realizes that is unfair since he is just starting. George, you are
making what, $80,000?
Mr. Knox: Yes, sir.
Mayor Ferre: So the question is what does the Commission...I think he ought
- to start lower than that. I frankly don't think it ought to be lower than
70, but anywhere between 70 and 80 is a reasonable figure.
Mr. Dawkins: How long did it take you to get to 80, George?
Mr. Plummer: Five and a half years.
Mr. Dawkins: How long did it take you to get to 80, George?
Mr. Knox: Five and a half years.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mr. Dawkins: I recommend 70.
Mr. Carollo: What is the salary that was mentioned besides $70,000.
Mayor Ferre: Well, when I talked to him about it, Joe, he said he would
like to make as much as the present City Attorney, but he realized that
he would have to start a little bit lower. He talked about 75 briefly,
but then he said, no, he didn't want to get into it. And I think anything
between 70 and 80 would.be reasonable.
Mr. Carollo: Well, I think we should start off at 70. Then maybe have an
evaluation in six months approximately.
Mayor Ferre: All right, do you want to move on that that way?
Mr. Carollo: Then, in six months, if we are happy with his work and overall
performance, like I feel confident we will be, we should take the subject
up of giving him a raise.
Mayor Ferre: Is there a motion that way then?
Mr. Carollo: There is a motion to approve $70,000.
Mayor Ferre: All right, Carollo moves.
140 , J U L 2 91982
1
Mr. Plummer: Wait, hold on, hold on! That is only one facet. We have to
fill in the personal allowance.
Mayor Ferre: Well, I think that should be the same. I don't think that is
something that we should....
Mr. Carollo: No, yes, that should be standard, J.L.
Mr. Plummer: But you have to put in a figure.
Mr. Knox: It is $2,500.00 a year.
Mayor Ferre: Is that what you are getting now?
Mr. Knox: Yes, sir.
Mayor Ferre: In other words, the rest of the contract as far as expenses
and the things that you have should be the same as the City Attorney has
now.
Mr. Carollo: Yes, the same as the City Attorney has now.
Mayor Ferre: Insurance provisions, automobile, and whatever it is that you
have.
Mr. Carollo: No more, no less.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-735
_ A RESOLUTION ELECTING AND APPOINTING JOSE R. GARCIA-
PEDROSA AS CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA,
EFFECTIVE JULY 29, 1982, TO SERVE THE UNEXPIRED TERM
OF GEORGE F. KNOX, JR. AND GRANTING SAID NEWLY -APPOINTED
CITY ATTORNEY A PERSONAL LEAVE OF ABSENCE UNTIL AUGUST
16, 1982; ESTABLISHING AN ANNUAL SALARY OF $70,000 FOR
THAT POSITION WITH A PERSONAL EXPENSE ALLOWANCE OF
$2,500 PER YEAR; SAID SALARY AND PERSONAL ALLOWANCE TO
BECOME EFFECTIVE AUGUST 16, 1982; PROVIDING FOR A
VACATION OF 30-WORKING DAYS PER YEAR AND 12 DAYS ANNUAL
SICK LEAVE.
(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. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
41
JUL 291982
:1
27. FORMALIZING RESOLUTION:
GRANT FUNDS - "3RD ANNUAL OVERTOWN COMING ALIVE FESTIVAL"
Mayor Ferre: We are now on 20. This is the....
Mr. Dawkins: Move.
Mayor Ferre: Moved by Dawkins.
Mr. Plummer: This is ratifying... second.
Mayor Ferre: Second by Plummer. Under discussion, I went there Saturday
about 1:30, and I really did not see that many people there. I understand
that it really filled up in the evening. Was that money well spent? We
spent $15,000. Mr. Manager, I think we need in all these fairs and festivals
and all that we really need to look, we really need to ... I think staff...
we need to have somebody to spends the time to see if that thing objectively
is worth the kind of money we are putting into it.
I think that we have to support all our neighborhoods, that includes
Coconut Grove, Wynwood, Overtown, and Little Havana, and so on. But on the
other hand there has to be some kind of a balance for effectiveness of the
expenditure of funds. I think we need to have a real objective look at
these things neighborhood by neighborhood.
Mr. Dawkins: I think what I would like to see before we grant the money,
what is going to be there, what will draw me there, what will I see when
I get there, what will I have after I leave? If we have these things in
place....
Mr. Gary: Indigestion.
Mr. Dawkins: Watch it, George!
Mr. Plummer: I'm glad it was a soul brother that spoke about soul food.
Mayor Ferre: All right, call the roll. Moved by Dawkins, second by Perez.
Further discussion on 20? Plummer, I'm sorry. Call the roll.
The following resolution was introduced by Commissioner Dawkins,
who moved its adoption:
RESOLUTION NO. 82-736
A RESOLUTION ALLOCATING $10,000 FROM SPECIAL PROGRAMS
AND ACCOUNTS - CONTINGENT FUND TO THE "3RD ANNUAL
OVERTOWN COMING ALIVE FESTIVAL" WHICH WAS HELD IN
THE CITY OF MIAMI ON JULY 24 AND 25, 1982; FURTHER
DIRECTING THE SPONSORS OF SAID FESTIVAL TO SUBMIT
TO THE CITY MANAGER WITHIN 30 DAYS FROM THE DATE OF
THE FESTIVAL A FINANCIAL STATEMENT AS SET FORTH HEREIN.
(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. A9 JUL 2 91982
sl
28. FORMALIZING RESOLUTION:
ALLOCATE $20,000 CITY OF MIAMI CARIBBEAN CONFERENCE WITH
STIPULATIONS
Mayor Ferre: Take up 21.
Mr. Carollo: I move.
Mayor Ferre: Who seconded this?
Mr. Perez: I second.
Mr. Carollo: I made the motion.
Carollo made the motion, who seconded?
Mayor Ferre: Perez seconds. Further discussion? Call the roll on 21.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-737
A RESOLUTION ALLOCATING A SUM NOT TO EXCEED $20,000
FROM SPECIAL PROGRAMS AND ACCOUNTS - CONTINGENT FUND
TO HELP DEFRAY THE COST OF THE CITY OF MIAMI CARIBBEAN
CONFERENCE TO BE HELD DECEMBER 5, 6 AND 7, 1982 AT THE
CITY OF MIAMI NNIVERSITY OF MIAMI JAMES L. KNIGHT
INTERNATIONAL CENTER, AT WHICH, HOPEFULLY, PRESIDENT
REAGAN WILL BE A KEY SPEAKER, AS WELL AS 4 OTHER HEADS
OF STATE; SAID ALLOCATION IS SUBJECT TO THE STATE OF
FLORIDA AND METROPOLITAN DADE COUNTY CONTRIBUTING NO
LESS THAN $15,000 EACH UP FRONT TO THIS CONFERENCE
BEFORE EXPENDING ANY CITY MONEY; FURTHER PROVIDING
THAT THERE BE NO PARTICIPATION BY ANY COUNTRY THAT
IS OPENLY MARXIST, LENINIST, COMMUNIST AND ANTI-
AMERICAN AS DEFINED BY THE PRESENT UNITED STATES
ADMINISTRATION.
(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:
JUL 2 91982
•
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.
ON ROLL CALL:
Mr. Plummer: Oh, anything for Ronnie.
Mr. Carollo: You'd better watch it or he is not going to endorse your brother,
John.
Mayor Ferre: That's right. That would be the kiss of death.
29. FORMALIZING RESOLUTION:
ALLOCATE $35,000 PROMOTION FUNDS FOR MIAMI DESIGN PLAZA
MERCHANTS ASSOCIATION
Mayor Ferre: Authorizing the Manager to allocate $35,000 as a promotion
fund for the Miami Design Plaza Merchants.
Mr. Dawkins: So move.
Mr. Carollo: Move.
Mayor Ferre: Moved by Dawkins. Second by Carollo. Further discussion on
227 Call the roll.
The following resolution was introduced by Commissioner Dawkins,
who moved its adoption:
RESOLUTION NO. 82-738
A RESOLUTION ALLOCATING $35,000 FROM SPECIAL PROGRAMS
AND ACCOUNTS - CONTINGENT FUND TO THE MIAMI DESIGN
PLAZA MERCHANTS ASSOCIATION TO HELP PROMOTE THE MIAMI
DESIGN DISTRICT.
(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: None.
1 44 Jul. 2 91982
30. FORMALIZING RESOLUTION:
GRANT FUND REQUEST: FLORIDA EXPORTERS AND IMPORTERS ASSOCIATION
$10,000 GRANT BASIS/$10,000 SUPPLEMENTAL
Mayor Ferre: Take up item 23.
Mr. Carollo: Move.
Mr. Dawkins: Move. Joe moved.
Mayor Ferre: Moved by Carollo. Seconded by Dawkins. Further discussion?
Call the roll.
Mr. Carollo: Let me ask this to make sure I don't see a huge article tomorrow
with the latest witch hunt with the local National Inquirer because the main
firm that I work for is involved in importing and exporting also. I have
no problems in voting for this, right, George?
Mr. Knox: That is correct, with my tongue in my cheek.
Mayor Ferre: Has it been moved?
Mrs. Hirai: It has been moved, yes, sir.
Mayor Ferre: Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-739
A RESOLUTION ALLOCATING GRANT FUNDS TO THE FLORIDA
EXPORTERS AND IMPORTERS ASSOCIATION, AS FOLLOWS:
(a) $10,000 ON A GRANT BASIS AND (b) $10,000 AS
SUPPLEMENTAL FUNDING; SAID GRANTS ARE CONDITIONED
ON CITY FUNDS BEING MATCHED ON A ONE-TO-ONE BASIS
AND ALSO CONDITIONED ON SAID ASSOCIATION MAKING
EVERY EFFORT TO INVOLVE BLACK IMPORTERS AND
EXPORTERS IN THE BUSINESS.
(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. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
45 JUL 29 1962
31. FORMALIZING RESOLUTION:
STIPULATE INTEr1T TO MOVE LIBRARY
BUILDING
Mayor Terre: On item 24 you have an updated version because they had
inadvertently left out the second portion of it, which was ... so would
you look at it for a moment. What it says is...it speaks for itself.
Joe, read item 24 as submitted now. Do you have a copy of it, J.L.?
Mr. Plummer: No. Oh, I do have a copy here! What's your problem with it?
I move it.
Mayor Ferre: Plummer moves....
Mr. Dawkins: Second.
Mayor Ferre: ....item 24, as presented. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-740
A RESOLUTION EXPRESSING THE FOLLOWING INTENT OF THE
CITY COMMISSION: (a) TO HAVE THE MAIN LIBRARY BUILDING
IN BAYFRONT PARK MOVED, IN ONE PIECE IF POSSIBLE, TO
ANOTHER SITE YET TO BE DETERMINED; (b) TO ALLOCATE A
SUM NOT TO EXCEED $2,000,000 FROM AN ESTIMATED TOTAL
OF $20,000,00 DESIGNATED FOR THE CONSTRUCTION OF SAID
PARK IN ORDER TO COVER THE COST OF REMOVAL AND REFUR-
BISHING OF SAID BUILDING; (c) THAT A SITE SELECTION
COMMITTEE BE ESTABLISHED TO MAKE RECOMMENDATIONS WITH
RESPECT TO THE RE -LOCATION AND UTILIZATION OF SAID
BUILDING; (d) TO GIVE FIRST PREFERENCE TO THE CULMER-
OVERTOWN AREA AS AN APPROPRIATE SITE, AND IF REMOVAL TO
SAID SITE IS NOT POSSIBLE THEN SERIOUS CONSIDERATION
BE GIVEN TO THE USE OF THE BUILDING FOR A MARITIME
MUSEUM OR FOR THE INSURANCE EXCHANGE OF THE AMERICAS,
OR SUCH OTHER USES BASED ON HUMANE CONSIDERATIONS AT
ANOTHER SITE, AND IF RENTED BY THE CITY FOR COMMERCIAL
USE FOR A 10 YEAR PERIOD THAT THE RENTAL BE SET AT $3
PER SQUARE FOOT NET NET ($200,000 PER YEAR); FURTHER
EXPRESSING THE INTENT OF THE CITY COMMISSION THAT IF NO
ACCEPTABLE RELOCATION SITE AND TENANT IS FOUND FOR SAID
BUILDING WITHIN IS MONTHS FROM THE DATE OF THIS RESO-
LUTION, IT IS TO BE DEMOLISHED.
(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. PlUmamkr, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferro
NOES. None.
ABSENT: None.
JUL 2 91982
i
32. FORMALIZING RESOLUTION: EXPRESS INTENT OF CITY COMMISSION TO
ADOPT CHARTER AMENDMENTS CONCERNING
LEGISLATIVE GOVERNANCE
Mayor Ferre: All right. We are now on 25, which is expressing intent
of the City Commission to adopt Charter concerning the legislative...
Let's go over this for a second. Just for the record. I have, after a lot
soul searching and thinking about it, my personal opinion, Miller and
Demetrio and Joe, and J.L., is that if we start complicating this with too
many issues, we are going to get it defeated. The main thing here is to
try to get some kind of district representation. So in effect, if you will
read my proposed Charter changes, what in effect we are doing ... this is
a proposal to go to a seven -member Commission, two Commissioners from
districts in '84 and one at large, two in 186 and one at large, and a Mayor
at large every two years. I figure we may as well leave the Mayor go to.bat
every two years and let the poor sucker who comes after me have to go through
the same misery that I've had to go through.
This includes the extension on the part of all of us for a one year
period. It sets up the boundary committee. The only thing that I've added
to this boundary committees is that a quorum will constitute seven of the
nine members; that they finish their deliberations one month before the
elections, so that everybody will know where the boundaries are. I put in
there what the boundaries should be, and put that they should be legally
gerrymandered as to maintain both ethnic and neighborhood representation,
in that order. In other words, that they ethnic portion of it be primary.
Mr. Carollo: The only question that I have, Mr. Mayor, is that one, that
the Bayside district, all precincts along the bay including the Coral
Gate area, that's really —you know, do like they did with the Senate
District here in Little Havana. You know, the duck....
Mayor Ferre: Yes, well then cut it at Coral Gate. The Bay districts, will
be all precincts along the bay.
Mr. Carollo: It really doesn't matter because it has to come to us later
on, I guess, for final consideration.
Mayor Ferre: I accept that; strike including the Coral Gate area.
Mr. Carollo: Do you understand what I'm talking about, J.L.? Coral Gate
is way out there.
Mr. Plummer: Coral Gate is towards Sears in the Gables.
Mr. Carollo: Yes, so how can you include that part to this area without....?
Mayor Ferre: That was inadvertent. That came out of the map that was
drawn up...I apologize for that. Just cross that out.
Mr. Carollo: I was just afraid that maybe John Lasserville wanted to move
me to Coral Gables.
Mayor Ferre: He drew the maps, as you know.
Mr. Carollo: Oh, yes.
Mayor Ferre: Flagami to S.W. Little Havana and I think the others are
O.K. Any objections to the description? The proposal ... the only thing
that I've added here is I've given the people a choice of whether they
want to start this in 183 rather than '84. What that in effect does is
that eliminates all this criticism -that we are all trying to get one
extra year. Let the people decide. I don't care. If the people want
to give it, want to put it in'184, that's O.K. with us. If they want
to do it in 183, that's O.K. too. It's the same plan, but instead of
'84 it would be 183. The reason I think we ought to stick to '84, and
47 JUL 29198Z
. . 0 a
Mayor Ferre (CON'T): ....give the people that choice is because it moves it
to the presidential election year. But let the people decide.
Item 3 is just legalese that if we do go to even years that it be
held on the date of the State primary run-off of general elections. Item
4 is that the City Attorney shall serve at the pleasure of the Commission,
that his opinion shall be binding on the Commission and the Administrative
staff. Do you have the title of this?
Mr. Robert Clark: No, we don't have that.
Mayor Ferre: Sir, this morning....
Mr. Clark: No, the memo that you were reading....
Mayor Ferre: The title of the resolution.
Mr. Knox: You have the resolution, Bob.
Mayor Ferre: So, there's nothing new in here other than saying that the
quorum is 75% of the committee, and the crossing out of Coral Gate area,
and number three, giving the people the right to do this in '83 rather
than 184. Those are the only three new items. I dropped everything
else with regard to strengthening the Mayor, the Commission... just for
the record, so that this is not misunderstood, it is my intention to
bring this item back up in the future, at a future election. But I think
we ought to take these things up one at a time. It reads as follows....
Mr. Perez: One question....
Mayor Ferre: One question.
Mr. Perez: The salary adjustment is not included.
Mayor Ferre: I dropped all that out for a future election.
Mr. Perez: And the Mayor will be elected every two years?
Mr. Plummer: Same as it is now.
Mayor Ferre: Same as it is now.
Mr. Plummer: Mr. Mayor, if in fact this is for the wording, if in fact it
is as is now, then we would not include that in. Correct?
Mayor Ferre: That's correct.
Mr. Plummer: So it would be the same.
Mayor Ferre: That is correct. That is something that the lawyers have
to deal with, with the Charter. But it clarifies the intent. So let me
read this:
"A resolution directing the City Attorney to draft an
amendment to the City Charter relating to the form of
City government, namely, the number and terms of office
of members of the City Commission and the manner of
their election and dates of such election; the effect
of opinions rendered by the City Attorney; further
directing the City Attorney to incorporate the concept
of district elections for the City of Miami, and also to
establish a Boundaries Committee which will be impanelled
every 10 years for the purpose of re-establishing the
boundaries of such districts."
Is there a motion to that effect? Joe, do you still want to move?
Mr. Carollo: The motion iA going to be approved as you have outlined
in form A. B. C, D, and4, right?
Mayor Ferre: Yes, sir.
48 JUL 2 91982
Mr. Carollo: I move it. I see no problem with that.
Mayor Ferre: Is there a second?
Mr. Perez: I second the motion.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-741
A RESOLUTION DIRECTING THE CITY ATTORNEY TO DRAFT
AN AMENDMENT TO THE CITY CHARTER RELATING TO THE
FORM OF CITY GOVERNMENT, NAMELY, THE NUMBER AND
TERMS OF OFFICE OF MEMBERS OF THE CITY COMMISSION
AND THE MANNER OF THEIR ELECTION AND DATES OF SUCH
ELECTION; THE EFFECT OF OPINIONS RENDERED BY THE
CITY ATTORNEY; FURTHER DIRECTING THE CITY ATTORNEY
TO INCORPORATE THE CONCEPT OF DISTRICT ELECTIONS FOR
THE CITY OF MIAMI, AND ALSO TO ESTABLISH A BOUNDARIES
COMMITTEE WHICH WILL BE IMPANELLED EVERY 10 YEARS FOR
THE PURPOSE OF RE-ESTABLISHING THE BOUNDARIES OF SUCH
DISTRICTS.
(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.
33. DISCUSSION ITEM: RECOGNIZE RALPH H. HABER, SPEAKER OF THE
HOUSE, STATE OF FLORIDA
Mayor Ferre: We are very honored this morning with the presence of the
Speaker of the Florida House of Representatives, and Speaker Haber, you
are always welcome here. You are in pretty good company there with the
Mayor of Hialeah. This is the first time he has officially graced our
Commission Chambers during a City of Miami Commission. I welcome you.
Would you step forward, Mr. Speaker?
Mr. Ralph H. Haber: Thank you very much. It is a pleasure to be here,
particularly with the subject matter that you are discussing this morning.
When it comes to single member districts I know everything there is to
know about single member districts. If you are going to go to single
member districts, just be prepared for a long and arduous task, because
it took us a while to do'it.
.L1
JUL 29 1982
a
Mayor Ferre:...(Cont'd)... Hialeah. This is the first time he has officially
graced our Commission Chambers during a City of Miami Commission and I
welcome you. Would you step forward Mr. Speaker.
Mr. Ralph Haber: Thank you, very much. It's a pleasure to be here
particularly with the subject matter that you are discussing this morning
When it come to single member districts, I know everything there is to know
about single member districts. And if you are going to go to single member
districts just be prepared for a long and arduous task, because it took us
a while to do it and at first people were not happy with it, but now they
are starting to adjust to it and... So, I think it will all work out, but
it's a pleasure to be here and thank you, very much for recognizing me this
morning. It's always a pleasure to be down in Miami and I'm going to spend
some time here. I have some small interest in politics and so I will be
back again. Thank you, very much.
Mayor Ferre: Mr. Speaker, we all know that you are involved in a quest
for a very important office in the Cabinet and you have some very strong
supporters in this community and specifically in the City and on the City
Commission and I would like to on behalf of this community wish you the
very, very best in what is the wonderful Democratic process that fortunately
we have in this Country and that is to seek office and to be elected to it
if the people so desire. Now, and I think that we open these newspapers
on a daily basis and see on the front pages how others are deprived of
that right. Think God that we live in this Country where we can vote... we
have a choice of voting for the people who will lead us in government. You
have been a great leader for the State of Florida. I can tell you that
having served on the Legislature, I know the difficult task of being a
Speaker and I want you to know that I think that you have been one of the
very, very best , if not the best Speaker that the State of Florida has had
for a long time. Certainly in the last thirty years. And I think you have
shown a great deal of statesmanship and a great deal cf ability and I wish
You the very best in your endeavors in November.
Mr. Plummer: Mr. Mayor, may I just take the time as one individual for two
points? And that is as Father Gibson used to always say, Speaker, that it
only takes but a short moment to say thank you, but so few people forget to
do such. Mr. Speaker, we will today be speaking about our next year's budget.
And I'm sure that I speak for this Commission in wanting to say thank you,
for your leadership. We now have additional funds in this coming year's
budget to increase the #1 problem we have in this community or the image
and that is crime. You personally with others led the fight to increase
those funds to be available to the cities of this State. I think it speaks
very, very highly of your recognizing the needs of individual communities
and going forth and giving more than lip service, but producing the revenue
which was sorely needed in every budget. And I'm sure that I speak for
this Commission in wanting to say thank you. The second item I want to
thank you for is making my brother be a good boy. Thank you.
Mr. Haber: That is the toughest job I have.
Mr. Dawkins: Mr. Speaker, as I told you before, not because you have gotten
more funds for us, but because I think you will be a big speaker. I was
with you the first day we met at the meeting and I'm still with you a
hundred percent.
Mr. Haber: Thank you, very much. I appreciate it.
Mr. Perez: Mr. Speaker, I would like also to recognize on behalf of the
Spanish community our recognition for your important participation in
favor of the single districts and the minority participation in the State
level. I think that, that's a very important issue and that's a great
concern for our Spanish speaking community in Dade County.
Mr. Haber: Thank you, very much Commissioner.
Mayor Ferre: If the election were held by the City of Miami Commission,
I got a feeling Ralph, that,you wouldn't have too hard a time being elected.
Mr. Haber: Well, I'm working on it. I came down here because
I knew I would feel right at home. Thank you all very much, I appreciate it.
gl UU JUL 29 1900
34. APPOINTMENTS TO CITY OF MIAMI FESTIVAL ADVISORY COMMITTEE
Mr. Gary: Mr. Mayor?
Mayor Ferre: Yes, sir.
Mr. Gary: I submitted you a memo on July 27th with regards of additional
items. The fist one deals with the appointment of the Festival Advisory
Committee.
Mayor Ferre: Wait a minute. Where is this? Nestor, where are these extra
items? Look, I got to tell you this and please don't take it badly Walter,
because it affects you. This Commission went on record instructing you
not to put any new items twenty-four hours before the agenda. Now, you are
violating it every meeting. Last time... this was delivered when? 6 P.M.
last night right? It's the front page...
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Mayor Ferre: This was delivered at 6:32 last night. Hey, I know that we
are under terrible time constraints and these are difficult times, but you
know,... and I'm not going to make a big issue out of it. Please Walter
and Howard, you know, let's not get these things... I was gone at 6:32. I
didn't see that until this morning. I rushed in here at 6:30. I had all
kinds of things on my mind. I have not seen any of this. So, I don't even
know what's in here. So, if there is anything that's controversial we may
have to hold up on it, but let's go through it.
Mr. Gary: Mr. Mayor, the only thing I may see controversial is the printing
of the Police annual report, but the others, the first is just appointments
to the Festival Advisory Committee which has to meet in August to make
decisions for the September budget and in view of the fact that the City
Commission is going to be out.
Mayor Ferre: Alright, I see the list. And how did we end up with this list
and where does list come from? Is this staff's recommendation?
Mr. Gary: No, this come from... Oh, this is...
Mayor Ferre: So, in other words, the list in the back that starts with
Rolando Amador, Ludovico de Blanc, William Lee, so on.
Mr. Howard: These are the people, Mayor, that were interested in the arts,
have worked with us before...
Mayor Ferre: Well, you got some great names here. I mean, are you telling
me that the provost of the University of Miami is willing to serve on this
Committee?
Mr. Howard: Yes, sir, he has been contacted.
Mayor Ferre: Well, I will tell you, I would like to nominate him right off
the bat.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Mendez sent a very simple message to you Plummer and to me
and that is if he doesn't get back on that Committee your life is being
threaten offically, yours and mine and anybody who doesn't vote for him.
I hope he is not still around. *The other people that are on... I frankly
don't think that Margarita Ross really cares that much, she served her term.
John Barrat has served diligently an&Benny Moore.
Mr. Plummer: Yes, but you got a problem Mr. Mayor, there is a resolution of
91 .51 JUL 2 91982
City people on City Boards.
Mayor Ferre: Well, don't know where Bill Lee lives. That's his office at
the University of Miami. Well, Ludovico de Blanc for sure. I will tell you
Ludovico de Blanc is one of the more prominent people in the Cuban community
and he is highly regarded in Coconut Grove. I would strongly recommend that
we go with Ludovico de Blanc.
Mr. Perez: I would like to recommend Rolando Amador.
Mayor Ferre: Rolando Amador, alright. Ludovico de Blanc, Rolando Amador,
;s that acceptable to you? Who else do you have Plummer?
Mr. Plummer. No, don't know where any of these names came from.
Mayor Ferre: Well, I would like to put Bill Lee, because I will tell you
the provost to the University of Miami is a great asset to have and I would
like to put him on. How many do we have?
Mr. Gary: Five.
Mayor Ferre: We got to get a woman. Now, we ought to get either Ofelia
Tabares, Avelina Soriano, either one of those is fine with me.. We ought
to get a woman do you have any...
Mr. Perez: It have to be in this list?
Mayor Ferre: It doesn't have to be in this list, but these are the people
that the staff has researched and I think these are people... if they have
shown an interest at least you know that they are going to go to meetings.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Alright, John Williams. So, the following then have been
nominated Ludovico de Blanc who is Cuban male, William Lee who is the
provost of the University of Miami. He is White male, Rolando Amador, Jose
Mendez and...
Mr. Perez: And Esther Valdez Cruz.
Mayor Ferre; No, no. No, wait a minute, and we have John Williams. We
need a Black.
Mr. Dawkins: John Williams is Black.
Mayor Ferre: We need a Black. Now, we got one too many.
Mr. Dawkins: We are always last and first cut. So, cut the last Black
one he will be alright.
Mayor Ferre: So, we have got Williams, Rolando, Mendez, Blanc and Lee. Five.
Am I missing somebody?
Mr. Gary: You need a woman.
Mayor Ferre: We have Rolando Amador... We need a woman. We have... Now,
Joe, you have nominated anybody. You want to nominate somebody?
Mr. Carollo: On the Festival Committee?
Mayor Ferre: Yes.
Mr. Carollo: Ok.
Mayor Ferre: I will tell you the names we have so far. Ok, William Lee
who is the provost of the University of Miami, Ludovico de Blanc who is
Cuban male, Jose Mendez who is Puerto Rican male, Williams who is Black
male, Rolando Amador who is Cuban male and... Who is Mendez. Oh, yes, Mendez.
Yes, I'm sorry. That makes six.
Mr. Carollo:
How many more do we need?
gl
52
JUL 2919$2
Mayor Ferre: We have five. We need a woman now. You want to put Ofelia
Tafares or Avelina Soriano?
Mr. Carollo: Either one of them would be fine.
Mayor Ferre: Well, let's see. Would you tell me Mr. Al Howard, who else is
on that Committee. In other words, is there anybody else on the Committee
at the present time?
Mr. Howard: There are two who are left. Esther Valdes Cruz...
Mayor Ferre: She is on the Committee?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Gary: Haiba Jabali.
Mayor Ferre: Haiba Jabali is on the Committee. She is Black and she is
Black woman. Just one person on the Committee.
UNIDENTIFIED SPEAKER: Mr. Onelio Cejas is also...
Mayor Ferre: Who?
UNIDENTIFIED SPEAKER: Mr. Onelio Cejas is also...
Mr. Howard: It's a Committee of seven actually.
Mayor Ferre: Who appointed Mr. Onelio Cejas?
(BACKGROUND COMMENT INAUDIBLE)
Mayor Ferre: Look, speak into the microphone. We got to have it on the
record.
Mr. Howard: He was appointed by the Commission as an alternate. There
were five appointees and two alternates when you made the appointments
last year and that was one of the appointments you made as an alternate.
Mayor Ferre: I don't even know who the guy is. Do you? Who appointed
him?
Mr. Howard: I don't recall Mayor.
Mayor Ferre: Well, he is Cuban, so, did you appoint him Perez?
UNIDENTIFIED SPEAKER: Onelio Cejas was appointed Mayor, because...
Mayor Ferre: Was he appointed by Lacasa is the question or by Reboso...
UNIDENTIFED SPEAKER: He was appointed probably by Commissioner Carollo or
Commissioner Perez.
Mr. Perez: No, I didn't appoint him
UNIDENTIFIED SPEAKER: Well, it must have been Carollo then.
Mayor Ferre: Well, let's get Carollo back in here. I don't want to cut
somebody off that he has put in there.
UNIDENTIFIED SPEAKER: It's a Committee of seven, we need five nominees.
Mayor Ferre: I understand, but the point is that if he was an appointment
of Lacasa I would like to ask that man to resign. It's just that simple.
UNIDENTIFIED SPEAKER. No, •he was not appointed by Lacasa, sir.
Mayor Ferre: We will find out and then I think Demetrio Perez... you know,
in other words what I'm saying is that these people that are hanging on from
past Commissions, you know, we ought to get this thing cleaned up now.
gl JUL 2 91982
0
E
UNIDENTIFIED SPEAKER: Mr. Mayor, that they did not serve their full
year. That's the only reason why they are there, sir.
Mayor Ferre: That may be. We have one vacancy left as of right now and we
need a woman and the question is whether you want Esther Valdez Cruz? Valdez...
she will serve, huh? You have talked to her? Alright, that makes six. They
are Ludovico de Blanc, William Lee, Williams,--- his full name is John
Williams--- Rolando Amador, Jose Mendez and Esther Valdez Cruz. Now, the
question to you is... what's the name of the man Antonio?
UNIDENTIFIED SPEAKER: Onelio Cejas.
Mayor Ferre: Is that your appointment?
UNIDENTIFIED SPEAKER: Mr. Mayor, the resolution calls for an appointment
of five, you are dealing with seven now.
Mayor Ferre: Six.
UNIDENTIFIED SPEAKER: Six. They could be alternates if you so wish.
Mr. Carollo: Well, you can take Onelio Cejas out from there, that's now
problem.
Mayor Ferre: Make him an alternate.
Mr. Carollo: Well, no need to Mr. Mayor, so let's just make it five and
stay with the resolution as it is.
Mayor Ferre: Ok, that gives you seven. Make two of them alternates, ok.
UNIDENTIFIED SPEAKER: Yes, sir, ok. Thank you.
Mayor Ferre: Now, the only thing that I would ask is that in the five, I
don't care who is alternates and who serves, but I want you to have at least
one woman, one Black, one Latin and one Anglo.
UNIDENTIFIED SPEAKER: Yes, sir.
Mayor Ferre: I want to make sure that at least we have those minimums in
the five. Now, who the alternates are, I don't care, ok
UNIDENTIFIED SPEAKER: Yes, sir. Ok.
Mayor Ferre: Alright, is there a motion then? Is there a motion? Alright,
Demetrio Perez moves,... Miller, you want to second it?
Mr. Dawkins: Yes.
Mayor Ferre: Miller Dawkins second, further discussion, call the roll.
The following resolution was introduced by Commissioner Perez, who
moved its adoption:
RESOLUTION NO. 82-742
A RESOLUTION APPOINTING THE FOLLOWING CITY OF MIAMI CITIZENS
TO SERVE AS MEMBERS OF THE CITY OF MIAMI FESTIVAL ADVISORY
COMMITTEE, EACH SERVING A ONE YEAR TERM TO EXPIRE ONE YEAR
FROM THE DATE OF THIS RESOLUTION.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins the resolution was
passed and adopted by the following vote -
AYES. Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
gl
Jul. Z 91982
0
35. AUTHORIZE PURCHASE OF OPERATING EQUIPMENT FOR CONVENTION CENTER
Mayor Ferre: Alright, we are now on the proposed resolution for funding
for the purchase of operating equipment at Miami Convention Center. Plummer,
you got any problems with that?
Mr. Plummer: No, I'm trying to... Mr. Mayor, I asked that it be deferred
until I have... There is obviously some legal question here about some firm
and I want to read that for myself.
Mayor Ferre: Let me tell you what my problem is with this Mr. Manager, with
all due respects to Mr. Hofineister, this is not a very well written memorandum,
because you know, a member of the Commission has to go back and add up.
It's sixty-one thousand plus two fifty-nine five fifty-seven plus... Is that
correct? Well, Mr. Hofineister, what is the total? Do you have that in
your...
Mr. Hofineister: A little over three hundred forty-seven thousand dollars
Mr. Mayor.
Mayor Ferre: Is there any reason why you don't put that in your memorandum
so that we can have a clear statement in the front page? So, the total is
three hundred what?
Mr. Hofineister: Three hundred forty-seven thousand dollars for the items
on a priority list that I needed for the opening.
Mayor Ferre: Now, do we have the monies in the...
Mr. Hofineister: In the construction budget it's allocated for that use.
Mayor Ferre: Is this over our estimates of what this was all going to cost?
Mr. Hofineister: No.
Mayor Ferre: Is it within the...
Mr. Hofineister: Yes, it is.
Mr. Plummer: What is F.M.G.? Who are they?
Mr. Hofineister: They are the management firm for the Miami Convention Center.
And the ones through their consultant that put together the equipment list
for the operation of the center.
Mr. Plummer: Alright, is this going out to public bidding?
Mr. Hofineister: No, this will be purchased by... directly by F.M.G.
Mr. Gary: No, let me clarify the point. F.M.G....
Mayor Ferre: It's only three hundred forty-seven thousand.
Mr. Plummer: Oh, only.
Mr. Gary: No, let me clarify the point. F.M.G. is a private firm that
we are contracting with by which the City Commission adopted a budget.
This was... this is similar to the Biscayne Rec. kind of arrangement. Now,
we are requiring them administratively that they have got to go out for
three to four bids on each item that they plan to purchase to make sure that
we are getting the low price. That's not a requirement of a private firm, but
we are making it a requirement because they are utilizing our money to do
so. So, it would be on a bidding basis, but it won't be a formal competitive
bidding through the City's process.
g1 55 JUL 2 91982
Mr. Plummer: Well, who is going to make the final decision?
Mr. Gary: The final decision will be made our staff.
Mr. Plummer: You lose my vote.
Mayor Ferre: Well, the problem is that we need to get on to have that thing
ready for ASTA and my guess you have already made that... he has already
made that... I'm sure he has already...
Mr. Gary: We got an agreement with them.
Mr. Plummer: Fine, then we will make the final decision. But I am not going
to circumvent and turn over to a private company. When you start talking
about all of these items that you have got here... you know, you can buy
a piano for five hundred dollars or five hundred thousand dollars and you
know, I'm just... I'm not going to abdicate my authority and let them go
out and do the bidding procedures and then have to stand up and answer for
what they did later. No, no, not this boy.
Mayor Ferre: Does that create a problem at all?
Mr. Gary: Mr. Mayor, it does create a problem in view of the fact that we
want to get this facility open and it's on a timely basis. I would recommend
as a solution, if I may, Mr. Mayor, that we come back to the City Commission
individually, show them the bidding process and poll them to get the decision
and...
Mayor Ferre: Ok, I have got no problems with that. If you do it that way
that satisfies, I think, Plummer's problem.
Mr. Plummer: So, in other words, the final decision is going to be made here?
Mayor Ferre: On a polling basis. He is going to poll each of us.
Mr. Gary: Yes, sir, we are going to poll.
Mr. Plummer: Fine.
Mayor Ferre: He is going to poll each of us.
Mr. Plummer: And if anyone objects it has to come back before the Commission. Ok.
Mayor Ferre: That's fine. In other words, any one of the Commission has
veto power over the thing.
Mr. Plummer: Well, let me ask one other question, you know, it's not directly
related to this. How many more emergencies are we going to come up with?
You know, we have only been building this thing for three years.
Mr. Gary: Mr. Plummer, we are now in the process of identifying all those
additional cost and we have the memo ready to discuss with the City Commission
in terms of additional cost that will be necessary to complete the facility
once and for all and hopefully we will bring that to your attention very
soon.
Mayor Ferre: Alright, with that stipulation, is there a motion now?
Mr. Plummer: Yes, I will move it.
Mayor Ferre: Plummer moves...
Mr. Dawkins: Second.
Mayor Ferre: ... Dawkins seconds as stipulated, further discussion, call
the roll.
gl
-56 JUL 2 91982
0
E
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-743
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS
FROM THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT
INTERNATIONAL CENTER BOND PROCEEDS ALLOCATED FOR THE PURCHASE
OF OPERATING EQUIPMENT FOR THE CONVENTION CENTER OF THE CITY
OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
FURTHER DISCUSSION:
Mayor Ferre: Don't go away Mr. Hofineister. Mr. Hofineister, on the record
have we bought these things already?
Mr. Hofineister: No.
Mr. Plummer: Do we have commitments on these things already?
Mr. Hofineister: No, we do not.
Mr. Plummer: There has been no companies contacted?
Mr. Hofineister: There have been companies contacted, but no orders, only
specification sheets made up.
36. APPOINTMENTS TO CITY OF MIAMI HERITAGE CONSERVATION BOARD
Mayor Ferre: Alright, we are now on the Heritage Conservation Board. Let
me tell you the list that I came up with and then you tell me... this is the
Heritage Conservation Board. Edna Mingo who is Black female, David Scully
who is Anglo man even though he speaks Spanish, who was born and grew up
in Cuba,Arva Parks who is a Anglo female, Charles Chase who is male Anglo,
Norah K. Schaefer who is a female Anglo, Lola Bohn who is Anglo female and
then in the citizens category Arthur King who is Black. That gives us two
Blacks. It's Arthur King, Sr. I think that was the recommendation that
you had because Dorothy Fields didn't want to... and Edna Mingo, I don't
know, but she is highly recommended as a Black architect. So, that gives
us a Black male and a Black female. Let me finish. Arva Parks is almost
a must, Lola Bond is a prominent lawyer who comes very highly recommended and
I think Chase and Schaefer were.recommended by you. Did you recommend
Chase and Schaefer to me on your list? Who does Schaefer...
(BACKGROUND COMMENT INAUDIBLE)
57 JUL 29 1982
gl
Mayor Ferre: She lives in the Belle Meade... See, let me tell you what part
of the problem is and I want you to please understand, ok. I have got two
problems. One is with you and in general and one is with you, ok. Yes, with
you. Now, let me tell you what the general problem is. This is a City of
Miami Heritage Conservation Board, not a Coral Gables Conservation Board,
not a Metropolitan Dade County Conservation Board. Now, I know that we have
got to make some exceptions and I'm willing to make exceptions for Arva Parkes,
but I'll be damn, frankly, if we are going to have a Miami Conservation Board
where the majority of the people don't even live in the City of Miami.
Mr. Carollo: I think you are correct.
Mayor Ferre: Yes. And I think that's just ludicrous and absurd and asinine
and I just... you know, I don't mind... I know we got to make some exceptions
once and a while for people like Arva Parkes, but I'm just not going to go...
I mean the majority have got to be citizens that live in Miami. I'm coming
back to you in a second. Let me tell you what my problem is with you. I
understand you are recommending Elvis Cruz, is that correct?
Ms. Meyers: I recommended that there be a representative from the Northeast
area which could be either Norah Schaefer or Elvis Cruz.
Mayor Ferre: But you recommended Elvis Cruz, is that correct? Now, Dr. Theede
and I served in a campaign together with Mr. Elvis Cruz, ok. Dr. Theede and
I... you know, I have the highest respect for that women and I so say... you
know, I sometimes disagree with her, but I recognize her and I try to ... and
I think she is a reasonable woman. We differ on many things, but I respect
her... she is a lady and she comes across as a lady and she has a valid view
point, ok. Elvis Cruz is in my opinion one of the most disruptive, emotional
immature, illogical people I have ever seen aspiring for public office. I
think he is a disaster. I cannot understand how in God's world you could
really with a straight face come before me and recommend such an idiot.
UNIDENTIFIED SPEAKER: Mr. Mayor, from Dade Heritage Trust we only have two
things we would ask, that people with the best qualifications be appointed
so that full input can be received and we too agree that they ought to
reside in the City of Miami and we have recommended to ,you John W. Clark who
lives in Coconut Grove and is...
Mayor Ferre: Let me write out your people. John W. Clark, alright. Who else?
UNIDENTIFIED SPEAKER: He is in Coconut Grove.
Mayor Ferre: He is a citizen?
UNIDENTIFIED SPEAKER: Yes. Or he could fit under real estate broker or
business and finance. He is restoring right now two historic homes in Coconut
Grove.
Mayor Ferre: Ok, go ahead. Who else do you recommend?
UNIDENTIFIED SPEAKER: And other than that we agree with you on Arthur King
for sure.
Mayor Ferre: Arthur King is ok, right?
UNIDENTIFIED SPEAKER: And Charles Chase and Arva Moore Parkes and other than
that we are very happy.
Mayor Ferre: Let me ask...
UNIDENTIFIED SPEAKER: There are others that don't live in there that have
qualifications, but in light of yours...
Mayor Ferre: Let me ask you about David Scully and Albert Perez. Scully
is on one of our other boards isn't he?
Ms. Meyers: Scully is on the Environmental Board which is being replaced by
this new board.
Mayor Ferre: Oh, this takes the place of the Environmental Board. But does
Scully want to serve?
58 JUL 2 91982
gl
0
•
Ms. Meyers: Yes.
Mayor Ferre: Is there any reason why we shouldn't keep him since he has
worked in the past?
Ms. Meyers: No, reason.
Mayor Ferre: I mean, has he done something wrong or is he...
Ms. Meyers: He has been on that board for quite a few years now, probably
since it was first constituted.
Mayor Ferre: Has he served diligently?
Ms. Meyers: Yes.
Mr. Plummer: What is his I.Q.?
Mr. McManus: Mr. Mayor and members of the Commission, there are four
incumbents on the Environmental Board which is being replaced by this board.
That's Henry Alexander, David Scully, Sue McConnell and Luis Fors. There are
four people.
Mayor Ferre: Now, tell me again.
Mr. McManus: Ok, the current incumbents on the Environmental Board which
is to be replaced by this Board. That's Henry Alexander, Luis Fors, David
Scully and Sue McConnell and that's shown on the chart.
Mayor Ferre: And Sue who?
Mr. McManus: Sue McConnell.
Mayor Ferre: Well, I will tell you...
Ms. Meyers: Mr. Mayor, since you were concerned about residency, I just
might point out that David Scully does not live in the City of Miami.
Mayor Ferre: Alright. How about Albert Perez who seems to be very anxious
and you recommended Albert Perez as I recall.
Ms. Meyers: Al Perez lives in Coral Gables.
UNIDENTIFIED SPEAKER: Mr. Mayor, Gary Greenan lives in Coconut Grove. He
can be...
Mayor Ferre: Yes, but you see we need to get some Cubans on this. Is Perez
a Cuban? A Latin? The problem with all this is that I don't... Perez would
be the only Latin... How about Luis Fors, he is Latin isn't he?
Ms. Meyers: He is Latin. He is currently on the Environmental Board.
Mayor Ferre: How many appointments do we have?
Ms. Meyers: Nine.
Mayor Ferre: Alright, let's do this systematically. Now, does anybody have
any problems with Arva Parkes? Does anybody object to Arva Parkes?
UNIDENTIFIED SPEAKER: No.
Mayor Ferre: So, she is on, ok. Now, does anybody object to Charles Chase
who is one of your recommendations? Is that right? Anybody have any...
that's two. Does anybody object to Arthur King who is Black? That's three.
Now, we don't have any Latins. We have to have a Latin. Now, how about
Albert Perez? Anybody object to Al Perez? I don't even know the man. Is he
ok? Now, how about... we ought to get a Black woman and I think Edna Mingo
would be good. That makes two Blacks. That's five and we ought to get another
Latin who is Luis Fors.who'presently serves. That gives us six. We got one
left. John Clark, is that who you want?
Mr. Dawkins: John who?
gl 59 JUL 29 1982
Mayor Ferre: John Clark.
UNIDENTIFIED SPEAKER: That's seven, you have two more.
Mayor Ferre: Oh, we have two more?
UNIDENTIFIED SPEAKER: There is nine.
Mayor Ferre: Then I think we ought to get Lola Bohn, right, and that gives
us another White woman. Now, we have three women.
Mr. Plummer: Aren't you going to carry over this guy Scully? -
Ms. Meyers: You mentioned Norah Schaefer earlier.
UNIDENTIFIED SPEAKER: We are agreeable to Norah Schaefer.
Mayor Ferre: What? What's that?
UNIDENTIFIED SPEAKER: We are agreeable as the #9 person, Norah Schaefer.
Mr. Plummer: Is there a John Clark involved in this procedure?
UNIDENTIFIED SPEAKER: Yes.
Mr. Plummer: Is he a City resident?
Mayor Ferre: Yes, he lives in Coconut Grove. Let me tell you what my problem
is, is that Al Perez doesn't live... he lives in Coral Gables and David
Scully does live in Miami, is that right?
Ms. Meyers: No, he doesn't.
Mayor Ferre: No, he doesn't. So, then it doesn't make any difference.
Mr. Plummer: Can I proffer the name of John Clark?
Mayor Ferre: No, we have already done that. He is already in there.
Mr. Plummer: He is already in.
UNIDENTIFIED SPEAKER: Yes, he is V .
Mayor Ferre: Alright, let's go with Norah Schaefer because that's a woman
and she lives in the City of Miami. Is that alright? _
Mr. Dawkins: Who?
Mayor Ferre: Norah Schaefer and that's recommended.
UNIDENTIFIED SPEAKER: That would be #9.
Mayor Ferre: Let's see what we end up with. We ended up with four woman,
we ended up with two Blacks and two Latins. Is that right? And we ended
up... Now, how many of these people don't live in the City of Miami? Does
Mingo live in the City of Miami?
Ms. Meyers: She gave her office address on the form which is in the City.
Mayor Ferre: Perez does not, Arva Parkes does not. Chase does. John Clark
does.
Ms. Meyer: Yes.
Mayor Ferre: Schaefer does and Arthur King does.
Ms. Meyers: Yes.
Mayor Ferre: Well, that's•good. I think you got a good committee there.
You have got...
Ms. Meyers: And Lola Bohn does.
gl
JUL 291982
Mayor Ferre: And Lola Bohn does, right?
UNIDENTIFIED SPEAKER: Right.
Mayor Ferre: Alright, that's it.
Mr. Plummer: I move the names that are proffered be accepted.
Mr. Dawkins: Second.
Mayor Ferre: Alright, Plummer has made the motion, Miller Dawkins seconded,
further discussion? Let's read the names again, Edna Mingo, Albert Perez,
Arva Moore Parkes, Charles Chase, John W. Clark, Norah Schaefer, Lola Bohn
and Arthur King.
Ms. Meyers: And Luis Fors.
Mayor Ferre: And who?
Ms. Meyers: Luis Fors.
Mayor Ferre: And Luis Fors, I beg your pardon. Alright, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-744
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE CITY OF
MIAMI HERITAGE CONSERVATION BOARD, AND SPECIFYING TERMS OF
OFFICE FOR EACH APPOINTEE.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins the resolution was
passed and adopted by the following vote -
AYES: Commissioner.Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
.i
ql
J++
61 JUL 29 t982
37. ACCEPT BID: PRINTING 4000 COPIES OF 32 PAGE WITUAL REPORT
POLICE DEPARTMENT
Mayor Ferre: We are now on recommendation for resolution for award bid
number 818244, the printing of the Police Annual Report. Do you have a
problem with that?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Ferre: One way or the other, let's go.
Mr. Carollo: Mr. Mayor, I don't have any problem whatsoever in having the
Police Department go ahead and print an annual report. What I do have a
problem with is the amount of money that is going to be spent. The only
justification that I see here for them not using the City's printers is that
they want to use color pictures. So just because they want to use color
pictures, it's going to cost us quite a few thousand dollars more. I saw
the annual report they had last year, which mostly included just background
information and certain people in the Police Department, and the Police
Department as a whole: beautiful booklet! But I just question the need for
such an elaborate,fancy brochure like that. The ones we put out are not that
fancy! Who prints our brochures for the City's annual report? Is it the
City printers? All these questions I asked to be provided to me at the
last meeting and they were not provided to me, by the way.
Mr. Gary: I don't recall those questions, but the "Newsletter" is done
in-house. But you must understand too, that is a very small document. The
types of camera-ready types of equipment and expense is very limited
compared to what is being proposed in the police report.
Now, I'd like to explain to you that this report highlights those
things which we have done in the past, those things we plan to do in the
future. It is not just an in-house document, but it is a document that
reflects the City Commission as well as the City of Miami to the citizens
and the public in terms of what we are doing in regard to crime fighting.
Mr. Carollo: I have no objection to that, but what I'm saying is just because
they want to use color pictures, instead of black and white, we are going
to be spending several thousand dollars more than we should and it's going
to take even more time to do. At least this is the only reason given here
why we cannot print it ourselves in the City of Miami.
Mr. Gary: Well, if you look at the bids, we had a high of 13.2 with
a low of 5,000.
Mr. Carollo: Right.
Mr. Gary: Iri my estimation, I think it would be 5,000 well spent, but I
would not have any problems if the City Commission decides to do it in
black and white. I just think....
Mr. Carollo: I'm not questioning the amount that is being spent based on
color being used. Out of the bids we are given $5,000 with a high being
13 and the average being 8+, it's good. But what I am questioning is the
need to use color pictures instead of black and white.
Mr. Gary: The City Commission wants black and white, we'd be happy to do
it in black and white.
Mr. Carollo: It could save us several thousand dollars. If we have all
that money to spend, we want to throw it away in color, fine! But that is
my opinion, unless someone else in the Commission has a different feeling
about it. My motion is that black and white pictures be used and that it
be done in-house.
s2 JUL 2 91982
0 0
Mayor Ferre: All right, there is a motion on the floor that this item
before us is recommended be amended so that, one, it will have black and
white rather than color pictures; and two, that it be done in-house.
Mr. Carollo: One of Gibson's old saying: "Black and white don't lie."
That's appropriate for this or not, but....
Mayor Ferre: Is there a second to that? I don't think it makes any difference,
Howard?
Mr. Gary: We don't have to print it.
Mayor Ferre: What?
Mr. Gary: We don't have to print it.
Mayor Ferre: Commissioner Carollo, would you amend that to say, in-house
if possible, because it may not be possible to do it in-house according to
Eddie Cox. Is that right?
Mr. Ed Cox: Mr. Mayor, part of this work is done, as you know, some of the
photography. What I am not sure of, if we now go back to do that in black
and white, if we can use the photography and the work that has been done.
I'm not sure of that, it is possible, sure.
Mayor Ferre: O.K., well then, if it is possible, do it that way.
Mr. Gary: It probably will end up costing more money doing all the pictures
again.
Mayor Ferre: Is there a second now? If possible, black and white and in-
house.
Mr. Plummer: What are you saying now, if possible, but if not then we
go with this bid?
Mayor Ferre: No, sir.
Mr. Carollo: If not, then bring it back to the Commission.
Mayor Ferre: The idea is instead of having....
Mr. Perez: What is the cost, Mr. Manager, if we print in the print shop
of the City of Miami. Do you have any idea about the cost in our printing
shop?
Mr. Gary: Fine, whatever you want to do. We'll try to do it in-house, if
we can do it in color. If not, we'll do it in black and white. How's that?
Mayor Ferre: O.K., if possible, if not, bring it back, O.K.?
Mr. Gary: I'm not bringing it back.
Mayor Ferre: All right, is there a second? I'll tell you what, I'll second
it.
Mr. Plummer: Any further discussion on black and white/color? Call the
roll.
MOTION DEFEATED. On motion by Commissioner Carollo
and seconded by Mayor Ferre, the foregoing
motion was defeated by the following vote:
AYES: Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner J.L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
ABSENT: None.
63 JUL 2 91982
7
Mr. Plummer: Motion failed. Opposite motion is in order.
Mayor Ferre: Carollo, the motion failed three to two.
Mr. Carollo: Three to two, I understand.
they can take....
Mr. Plummer: You're back.
Mayor Ferre: Make your motion.
Now, the people that made it fail,
Mr. Plummer: Mr. Mayor, my motion would be that we approve it as is for
this year, but next year it goes and be done in-house by our own people.
We have already expended funds this year to proceed with this procedure
and I think that we ought to go ahead and approve it with full understanding,
Mr. Manager, that next year the express desire of this Commission is that it
be done in-house, if done at all.
Mayor Ferre: Call the roll. Wait a minute. You moved it. Who seconded?
Mr. Dawkins: Second.
Mayor Ferre: Dawkins seconds. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-745
A RESOLUTION ACCEPTING THE BID OF ZENITH COMMUNICATIONS
FOR FURNISHING OF PRINTING 4000 COPIES OF A 32 PAGE
ANNUAL POLICE REPORT TO THE DEPARTMENT OF BUILDING AND
VEHICLE MAINTENANCE - PRINT SHOP; AT A TOTAL COST OF
$5,264.00; ALLOCATING FUNDS THEREFOR FROM THE 1981-82
OPERATING BUDGET OF THAT DEPARTMENT; AUTHORIZING THE CITY
MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE
ORDER FOR THIS SERVICE.
(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. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
NOES: Vice Mayor Joe Carollo
* Mayor Maurice A. Ferre
ABSENT: None.
ON ROLL CALL:
* Mayor Ferre: In voting no, let me say that I really think that in times
of austerity we should not be putting out a brochure with color photographs.
I think it just sends the wrong messages out, and I vote no.
64
JUL 291982
7
38. ACCEPT BID: 250 PLASTIC TOTE BARRELS
SOLID WASTE DEPARTMENT
Mayor Ferre: Are now on resolution... plastic tote barrels.
Mr. Plummer: We are now buying color coated tote barrels.
Mayor Ferre: Now, who held this up last time? Who is this hostage to? Is
this your hostage?
Mr. Plummer: No, the union. They claimed that the barrels proposed aren't
any good.
Mayor Ferre: Carollo, this is your deal again. This is the plastic tote
bags, isn't that what you brought out. Well, who held this thing up before?
Somebody held it up.
Mr. Dawkins: The union did.
Mr. Patterson: Mr. Joffre, from the union Mr. Mayor was the one before, but
subsequent to that we have talked to them about it and resolved that matter.
The company is going to strengthen the quality of the barrels.
Mayor Ferre: Peter are we ok now?
Mr. Peter Joffre: Yes, Mr. Mayor and Commissions, we are ok. We have come
some agreement that we are going to get a better barrel.
Mayor Ferre: Alright, who moves this?
Mr. Dawkins: Move it.
Mayor Ferre: Moved by Dawkins, is there a second?
Mr. Plummer: Yes, I second.
Mayor Ferre: Plummer seconds. Now, this is... these are not in color, I
assume. This is black and white?
Mr. Gary: Only the workers. They are green.
Mayor Ferre: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 82-746
A RESOLUTION ACCEPTING THE BID OF COUNTY PLASTICS
CORPORATION FOR FURNISHING 250 PLASTIC TOTE BAR-
RELS FOR THE DEPARTMENT OF SOLID WASTEi AT A TOTAL
COST OF $7,625.00; ALLOCATING FUNDS THEREFOR FROM
THE 1981-82 OPERATING BUDGET OF THAT DEPARTMENTi
AUTHORIZING THE CITY MANAGER AND THE PURCHASING
AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIP-
MENT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice- Mayor Joe Carollo
Mayor Maurice A. Ferre NOES: None. 65 JUL 29 1982
ABSENT: None.
;l
39. CONTINUED DISCUSSION: PROCEED WITH PLANb?ED IMPROVEMENTS AT
DINNER KEY MARINA UNDER ADMINISTRATIVE
MANAGEMENT ET. (See Label #13-earlier)
Mayor Ferre: We are now on Item "G" which is the Biscayne Recreation
Development Corporation contract termination and so on. Now, Mr. Manager,
we voted on the existing marina employees.
Mr. Gary: And the Wisdom contract to do the permitting.
Mayor Ferre: No we didn't vote on a Wisdom contract, sir.
Mr. Gary: You didn't?
Mayor Ferre: No, siree. We did not vote on a Wisdom contract. What we are
saying is you bring that up for discussion in September... my vote sir, is
for us to go to public bids and let the public section... I don't want to
spend any money with Widsom to... what's Wisdom going to do?
Mr. Gary: Well, hold it now. First of all, we are in the permitting process.
This permitting process has been forgotten for over a year now, it is a
very complex process, this... the request that Wisdom will continue his
activities is consistent with us moving forward without any break in services.
Mr. Mayor, Wisdom is the consultant helping us with the permitting process
currently in the State. Now,...
Mayor Ferre: Oh, I see this has nothing to do with... I stand corrected.
This has nothing to do with whether or not we run this... the City runs
the marinas or the... we put it out to bids?
Mr. Gary: Right. That's correct, sir.
Mayor Ferre: It has to do with the permitting. Ok, and Wisdom, is he a
local man? Is he an engineer or what?
Mr. Gary: Yes, he is a local person.
Mayor Ferre: And how was he selected?
Mr. Gary: Well, he was selected by the firm that's there... Mr. Mayor, he
was selected by the firm that's there now as a part of their responsibilities
under the contract. And what we are saying just as we are continuing the
activities of the employees that operate it, we would like to continue him
in terms of the complex process in Tallahassee so that we won't jeopardize
our permitting process.
Mayor Ferre: Stand corrected. Let the record reflect that I made a mistake
and that as I understand it, then that's what we voted on this morning.
Is that alright with you now, Mr. Dawkins? Mr. Plwm►er is it acceptable to
you?
Mr. Plummer: I'm sorry.
Mayor Ferre: On the Wisdom thing, is that acceptable?
Mr. Plummer: I have no problem... Mr. Mayor, but I...
Mayor Ferre: Mr. Perez,... wait a minute. Is that acceptable to you on
the Wisdom thing? It is, alright, so in other words, proceed with that.
Mr. Plummer: Wait a minute, whoa, whoa. I have no problem with Mr. Wisdom
or the wisdom of Mr. Wisdom, but Mr. Mayor, I got a problem with the overall
situation.
Mayor Ferre: That we are going to address in a moment, ok.
gl 66 JUL 2 91982
Mr. Plummer: Ok, you know...
Mayor Ferre: Now, I will recognize you to address the issue itself, which
is to move ahead on the design which is what the Manager... why don't you
let the Manager...
Mr. Plummer: Well, wait a minute, which issue are we speaking to? The
one before is Item "G" is labeled, the termination of the contract.
Mayor Ferre: That's automatic.
Mr. Gary: If you look on... look on the second page, J. L., right...
Mr. Plummer: I'm reading from the subject matter.
Mr. Gary: That's right, but I'm saying well, look at the second page one,
two and three.
Mayor Ferre: See the termination of the contract is automatic. He has asked
to three things, ok. And we have agreed to those three things and that is
to develop a contract where the employees agree.
Mr. Plummer: Ok.... now, ok, whoa...
Mayor Ferre: To enter into an agreement...
Mr. Plummer: One at a time.
Maor Ferre: What?
Mr. Plummer: On at a time.
Mayor Ferre: Yes.
Ns. Plummer: Ok, I want to know how long is the contracts proposed with
these employees? Is it a thirty day?
Mr. Gary: I would like to do it on a thirty day basis.
Mr. Plummer: A thirty day basis I have no problem with, ok.
Mayor Ferre: Item 2, Wisdom. We already agreed to that. Item 3, Paul
Walker. That's routine.
Mr. Plummer: No, let me tell you my problem with that, ok. Now,... Mr.
Mayor, we did not terminate that contract.
Mayor Ferre: The Supreme Court did.
Mr. Plummer: Ahh, that's the point I want to make to you. I don't think
that we should terminate the contract, because then I see a potential
liability.
Mayor Ferre: Hey, J. L. a rose is a rose is rose as Gorden would say.
Mr. Plummer: Right, but it's how you water that rose.
Mayor Ferre: Yes, but the point is that no matter what you call it the
fact are the fact. We didn't terminate it, it was the Supreme... it was
obviously the Supreme...
Mr. Plummer: But why are we notifying them?
Mr. Gary: Because the court won't do it. Let George respond to you. Go
ahead George.
Mr. Plummer: Well, I got a problem, I want to tell you and I'm damn concerned
about a potential liability•for a lawsuit to recover.
Mayor Ferre: What do you want to do J. L.?
Mr. Plummer. I don't want to do anything. The Supreme Count did it, lot
them be the bad guys .... let them get sued.
gl
7 JUL 2 91982
0 0
Mayor Ferre: Mr. Knox, help us out of this dilemma.
Mr. Knox: Alright, it would be entirely proper and as a matter of fact
we may be avoiding incurring another kind of liability by letting them
know that we don't expect them to continue to perform any services in
furtherance of the contract.
Mayor Ferre: I think that's proper and I think we ought to follow our legal
advice.
Mr. Plummer: What you are saying is George, put them on notice?
Mr. Carollo: You want to repeat that George?
Mr. Knox: Yes, we do have an obligation to let them know that we don't
expect them to do anymore work in furtherance of the contract.
N.r. Plummer: In accordance with the Supreme Court decision.
Mr. Knox: In accordance with the Supreme Court decision.
Mr. Gary: That's what the letter says.
Mayor Ferre: Fine, fine. Hey, we will amend it that way. Further problems?
Alright, now, Mr. Manager, explain to us what you want to do with the
engineering contract.
Mr. Gary: Mr. Mayor, we have expended considerable amounts of money.
We have been talking about this for the last year and a half with regard
to expanding the marinas. We have had some controversy in the past with
regard to proceeding forward in the selection of a firm to provide the marinas
design services as well as the dock house services. I have been informed
by the Crowder firm who was selected, that in view of the delay that has
occurred so far as well as what's happening in Biscayne Rec., he is not sure
that he can continue the marina design activities as a result of that. And
we are in the posture of recommending that we go to the #2 firm if this
Commission so desires to get the second firm that was on the selection process
so that we can move forward. However, that... Mr. Crowder has stated that
he can is able to continue the dock house construction project which he would
like to proceed on. I think this is important in view of the fact that unless
we have firm that can work in conjunction with Mr. Widsom in Tallahassee
that can assist us in the permitting process.
Mayor Ferre: I think it's essential. We need to move on this.
Mr. Dawkins: I have one problem, one question. Now, I sat here long and
lengthy as we debated this and the Manager suggested that we not go with
Crowder. Now, all of the sudden I'm told that he says he can't do the job.
Why? Why can't he do it and what's his problem?
Mr. Gary: Well, with firms... some firms are large, some are medium and
some are small and normally when they get....
Mr. Dawkins: That's ok, I won't debate that. I will bring this up at the
September meeting Mr. Manager. Just go ahead.
Mayor Ferre: Well, we need to get on... (COMMENT INAUDIBLE)
Mr. Dawkins: Yes, that's what I'm saying go ahead, but I have some concerns
I want to address in the September meeting.
Mayor Ferre: Alright, is there a motion then that we now go to the second
firm which is Greenleaf and Telesca.
Mr. Gary: Yes, sir, I have had some discussion, Mr. Mayor and members of
the Commission, with the City Attorney in terms of... if you recall my
original process was to start all over, but I have had some discussions with
the City Attorney and he has informed me that pursuant to the State selection
process, that if the first firm is not selected then we should... we must
go to the second firm.
Mr. Plummer: Or throw them all out.
Mr. Gary: Or throw them all out.
JUL 2 91962
68
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Mr. Plummer: So, what you are asking for today is a motion to set up a
negotiation between you and the second firm?
Mr. Gary: Yes, sir.
Mr. Plummer: And you will then come back. Mr. Manager, let me express a
concern. The scope of the work. This thing started out as an original
contract in the area of four million dollars. The current figures that
I have heard are almost double that. I think it is... got to be discussed
among this Commission as to what dollars can and will be made available. If
you go to the second firm and negotiate with them based on a four million
dollar project. I'm sure you are going to get one figure. If you go and
discuss with them an eight million dollar, you are going to get a different
figure. So, I am very concerned as to what you are going to be negotiating
with them for and I have no problems with making it as State law provides
that if you cannot negotiate with the first firm, that you go to the second.
Now, that inherently creates a problem and that problem is this. According
to the State law once you have... once you go to the second firm you cannot
go back to the first. Mr. Knox?
Mr. Knox: That's correct, Mr. Plummer.
Mr. Plummer: Well, ok, so what I'm saying to you is that your getting one
solution, but I think you are creating another problem and I think you better
give some thought to this before you proceed.
Mr. Gary: Well, I would like to respond to that. We basically don't have
a problem with that.
Mr. Plummer: How are you going to give Crowder any part of the contract?
Mr. Gary: No, if you recall there are two separate agreements. One,... and
we bidded it this way. One was for the design and the construction of the
dock house. That particular contract Crowder will continue to do. That's
for this dock master house there. The second was for the design of the
marina development plan. That includes the piers and all the other associated
improvements we want to make at the marina. So, we are only talking about
the second professional service agreement and that's with regard to the
pier design and the improvement designs.
Mr. Plummer: But you still haven't... you are going to have to go back and
renegotiate with Crowder because he is now talking about a very small portion
of the contract as opposed to the large.
Mayor Ferre: (COMMENT INAUDIBLE).
Mr. Plummer: Ok, I'm not penalizing him. (COMMENT INAUDIBLE).
Mr. Gary: They are two separate issues.
Mayor Ferre.: Leave him alone. Let him have his little job and let's get
_ on with getting Greenleaf and Telesca who are qualified beyond any doubt
the best firm in Florida for marine design and everybody else uses them in
the State. So, let's get on with it.
Mr. Gary: For the record, I'm clarifying there were two parts to the agreement.
The first one with regard to the dock master stays with Crowder. The second
part goes to the second firm for negotiation.
Mayor Ferre: Alright, look, just so I can go on the record I will pass this
thing on and make a motion that we approve the Manager's recommendation as
he has stated in the record today and that is to give Crowder the portion
that he is doing... What's it called Howard, again,. def ine it. The dock
master's building and that we go to #2 who is Greenleaf and Telesca to do
the design of the marina.
Mr. Plummer: To negotiate for the design.
Mr. Gary: Yes, sir.
Mayor Ferre: Obviously, we are going to negotiate. In the case of Greenleaf
and Telesca you have got to.... you have already negotiated.
gl 69 J U L 2 91982
Mr. Gary: Yes, we have.
Mayor Ferre: So, I so move.
Mr. Carollo: There has been a motion, is there a second?
Mr. Plummer: Second.
Mr. Carollo: Motion and a second, hearing no further discussion...
Mr. Dawkins: Discussion. Mr. Gary, I have a problem with this in that
I sat here and heard you say long and long and long that you had a problem
with Crowder and the improprieties of it. But now you come back and recommend
to me that we go along with it. I'm going to vote with you, but I just wanted
to let you know I got a problem with it.
Mr. Gary: I must respond to that. If you recall this City Commission voted
for me to negotiate for both of them. So, obviously, I have to come back to
the City Commission... I have got to follow your orders #1 and #2 if the
order are going to be changed you have to come back to the City Commission
for them to make that decision.
Mr. Dawkins: Ok, you just work here.
Mr. Gary: I work here, yes.
Mr. Plummer: Ok, and I want to make the record clear because I voted against
Crowder prior to any improprieties being raised and the reason for that
vote was that Mr. Crowder and Company were not in any of their past experiences
done marina work. The closest they had come was to building a bulkhead.
Now, what is being proposed under the Manager's recommendation is not marina
work, it is on shore kind of construction and I don't know that I have a
problem with that. So, there is a difference and this does not relate to
any improprieties because I voted against them prior to any questions being
raised.
Mayor Ferre: Alright, are we ready to vote?
Mr. Dawkins: Call the roll.
The following motion was introduced by Commissioner Ferre, who
moved its adoption:
MOTION NO. 82-747
A MOTION OF THE CITY COMMISSION APPROVING THE CITY MANAGER'S
RECOMMENDATIONS THAT, IN CONNECTION WITH THE ADMINISTRATION'SO
OPERATIONAL PLAN FOR DINNER KEY MARINA, THE CITY PROCEED AS FOLLOWS:
(1) THAT THE FIRM OF CROWDER-MAHONEY-MAKOWSKI-RICE & ASSOC., INC.
CONTINUE THE CONSTRUCTION OF THE DOCKMASTER'S HOUSE IN
THE MARINAi and
(2) THAT THE CITY MANAGER PROCEED TO NEGOTIATE WITH THE FIRM OF
GREENLEAF & TELESCA IN CONNECTION WITH THE DESIGN OF THE
MARINA DEVELOPMENT PLAN, INCLUDING THE PIERS AND ALL OTHER
IMPROVEMENTS WHICH ARE PLANNED FOR DINNER KEY MARINA.
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
ViceMayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ASSENT: None.
gl
JUL 291982
1040. CLARIFICATION OF TERMS OF OFFICE: HERITAGE CONSERVATION
(See also Label 936 - earlier)
Mr. McManus: Mr. Mayor?
Mayor Ferre: Yes, sir.
Mr. McManus: Mr. Mayor and members of the Commission, on your previous
motion appointing members to that Heritage Conservation Board we neglected
to inform you that there is a term of office involved. Could I suggest to
you that you amend your previous resolution or stipulate terms of office
and as a suggestion that they just be taken up in alphabetical order. The
first three...
Mayor Ferre: No► not acceptable. I want to make sure that it's balanced.
So, we have terms of office for what? Four and two years? Four, three?
Ms. Meyers: Three, two, one.
Mr. McManus: Three, two, one.
Mayor Ferre: Three, two, one. But there are seven people. How many for
three years?
McManus: Well, three.
Mayor Ferre: I just want to make sure you have a Latin, an Anglo and a Black
for three years.
Mr. McManus: Ok, if we were to take them alphabetically...
Mr. Gary: Hey, hold up, wait a second. That's what you want?
Mayor Ferre: Yes, sir.
Mr. Gary: It's done. Thank you.
Mayor Ferre: Now, I don't care which Black you put on or which Anglo you
put on or which woman you put on, but just balance it, ok. And let ti:em work
it out amongst themselves. I don't care which ones you put on.
74l.FRMESCIND RESOLUTION 82-603 - INSTANT PUBLIC OPINION POLLING
THROUGH USE OF CABLE T.V. SYSTEM
Mayor Ferre: ... is put it on the ballot for a vote, right? So since they
are not asking for that right now why do we need to put it on the ballot
this year?
UNIDENTIFIED SPEAKER: Because you asked for it.
Mayor Ferre: That was me. Well, that was a mistake that I made and I
acknov.ledge it. Now, can we pull it off?
Mr. Plummer: It's not on.
Mayor Ferre: It's not Orr. Is that for the September ballot?
Mr. Knox: Yes, sir, but I think that we can call the Election Division and
have that portion of it pulled.
91 171 JUL 2 91982
Mayor Ferre: Alright, let's formalize this. J. L., would you make a motion
to pull it?
Mr. Plummer: So, offer.
Mr. Dawkins: Second.
Mayor Ferre: Alright, it's been moved and seconded. This is the portion
with polling. They are not asking for it so why should we get into determining
whether or not... it's a very complicated issue and this is not the time to
mess around with it. So,...
Ms. Hirai: My only comment, Mr. Mayor, is it is not on the September ballot.
Mayor Ferre: What ballot is it on?
Mr. Plummer: it's not on any of them.
Mr. Knox: No, the pornography is on the September ballot, right?
Mayor Ferre: Alright, well this is a...
Mr. Knox: Well, in any event by your formal action we can see that it is
not placed upon the ballot and before the people.
Mayor Ferre: Whether it is or it isn't...
1
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.72
JUL 291982
• F
-7
Mayor Ferre: This motion now reverses the previous motion to put it on the
ballot. Okay, further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-748
A RESOLUTION RESCINDING RESOLUTION NO. 82-603, PASSED AND
ADOPTED ON JULY 2, 1982, ENTITLED:
" A RESOLUTION CALLING AND PROVIDING FOR A
SPECIAL MUNICIPAL ELECTION TO BE HELD
ON THE 7TH DAY OF SEPTEMBER, 1982, FOR
THE PURPOSE OF SUBMITTING TO THE QUALI-
FIED ELECTORS OF THE CITY OF MIAMI FOR
THEIR APPROVAL OR DISAPPROVAL THE CABLE
TELEVISION CITY LICENSEE OFFERING SUB-
SCRIBERS THE SERVICE OF INSTANT PUBLIC
OPINION POLLING THROUGH USE OF THE CABLE
SYSTEM".
(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 J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
42. DISCUSSION ITEM: PRESENTATION OF 1932-03 PROPOSED BUDGET.
Mayor Ferre: Why don't you present your budget, Mr. Manager? Can you do it
in five minutes or less?
Mr. Gary: They will do it in five minutes. Mr. Mayor, basically, the budget
that we have prepared reflects the desires and wishes that have been conveyed
by the City Commission at various public meetings as well as privately with
me since October in terms of their desires to maintain basic services in the
City of Miami as well as the increase our efforts that we have been doing in
the last four years in regard to fighting crime. The budget basically con-
tinues current services or could continue our basic services at current
levels without further reducing those services that we have reduced in the
past to the tune of $24,000,000 and approximately a thousand employees that
have been laid off in the various departments other than police and fire.
Simutaneously with that, we have recommended that you civilianize the Police
Department at a cost of $2,500,000, which allows us to put experienced of-
ficers out in the street. In addition to that, not only in terms of presence
that those hundred officers will give to the citizens of Miami, but also will
enable them to supervise the large number of rookies that we presently have
on the force as a result of the City Commission's efforts to increase the
number of police officers on the street in the last three years. I might add
also, that this budget, for the first time, includes all of the revenues
that will be expended by the departments in a given year, and we have targeted
the limited resources we have, which includes the General Fund and Federal
dollars to meet those desires and wishes of the City Commission. We feel
73 JUL 2 91982
that the budget is a balanced budget. It will attempt to solve the problems
that exist in the City of Miami with limited resources. Simultaneously, it
affords the average taxpayer a tax reduction. If there are any questions, we
will be happy to respond to them.
Mayor Ferre: All right, let me ask you, just for the record, three questions.
Your total proposed budget is $158,000,000.
Mr. Manohar Surana: Just by General Fund, and total operating budget,
$191,000,000.
Mayor Ferre: Okay. The millage that you are proposing is 9.00...
Mr. Surana: 9.0612....
Mayor Ferre: 9.0612.
Mr. Surana:.... including Debt Services, 10.7294.
Mayor Ferre: Okay.
Mr. Plummer: Wait a minute. Wasn't the millage we set the other day at 9.?
Mr. Surana: 9.0612 for General Fund.
Mayor Ferre: Yes, but that is General Fund.
Mr. Plummer: No, what did we set here the other day?
Mr. Surana: 10.
Mr. Gary: You set it at 10....
Mayor Ferre: That is exactly what we set.
Mr. Gary:....which includes 9 mills for our General Fund and the Debt Services.
Mr. Plummer: We are under that?
Mayor Ferre: No, no, no. See, the only millage we have to set is the General
Fund millage. That we did - 9.06.
Mr. Surana: 9.0612.
Mayor Ferre: 9.0612.
Mr. Plummer: My understanding what we passed here at the last Commission
meeting was 9 even.
Mayor Ferre: Okay, J. L, whatever it was, it was, okay? And I am sure it
was no problem. Now, the Police Department is going to require $54,000,000?
Mr. Surana: $56,000,000, which is $5,000,000 more than this amended budget.
Mayor Ferre: And the the Fire Department is at $34,000,000?
Mr. Surana: Yes, $34,000,000.
Mayor Ferre: So, between the two of them, we are close to $90,000,000. Okay.
Any other questions?
Mr. Dawkins: I will save mine until September.
Mr. Plummer: I think it would be appropriate at this time, Mr. Mayor, to
announce, since we have already set the hearing dates in September, in which
the public will have the right to come and make their thoughts known, and I
think that this would be an appropriate time to announce those dates.
Mr. Surana: It will September 10, 7:00 P.M., first public hearing.
Mayor Ferre: September 10th.
-74
JUL
2 91992
Mr. Surana: 7:00 P.M.
Mayor Ferre: 7:00 P.M.
Mr. Plummer: All three in this building?
Mr. Surana: Only two meetings. It will be September loth and September 23rd,
7:00 P.M.
Mayor Ferre: All right. Any other days?
Mr. Surana: That is only two days.
Mr. Dawkins: They are both in this building?
Mayor Ferre: Both in this building. Okay. Further questions? Do you need
anything? No action, right?
43. SECOND READING ORDI14ANCE AND PUBLIC HEARING:
RENEW FLORIDA POWER & LIGHT COMPANY FRANCHISE.
Mayor Ferre: All right, we are now into the 2:30 P.M. public hearing, which
concerns the new Florida Power & Light electric franchise. Mr. Manager, a
brief description and then I will recognize our good friend, Bernie to speak
to the franchise.
Mr. Gary: Mr. Mayor, I would like for Mr. Clark Merrill and my staff to ex-
plain what we are proposing in terms of FP&L franchise. At this time, I would
also like to recognize Mr. Merrill's dedicated efforts and hard work in work-
ing with the Florida Power and Light Company to bring this negotiation to
fruition.
Mr. Clark Merrill: Mr. Mayor and honorable members of the Commission, the
history of Florida Power and Light with the City of Miami insofar as our
franchise agreement go back to February 1, 1926. In 1954 we renewed that
franchise agreement which provides for the Florida Power and Light Company
to use public rights of way for the purpose of transmitting their lines to
serve their subscribers in the City of Miami. The negotiations that the
City of Miami entered into with Florida Power and Light began last March.
The contracts that Florida Power and Light has with other cities are fairly
similar and the City of Miami had the opportunity to make some changes
to their regular format, which were beneficial to the City of Miami. I think
at this time it might be helpful to understand what would happen when the
franchise would expire in 1984, if we were to allow it to go to that point.
In 1954 the City Commission agreed to a franchise with Florida Power and
Light which provided for an early payment, which we considered to be a pre-
payment of the franchise fee. That early payment coming in that first year
creates a problem in the final year in which the payments will be made to
the City. Their payment period extends to the March 30th of 1984 when their
payment will come to us in July. That gives the City of Miami a substantial
cash flow problem in that last year, because the budget year begins in October,
six months after we receive the payment and for the year 1983-84, the payments
would be substantially less. We would only get three months payments, where
we normally would get twelve. But, to transfer our annual prepayment to a
monthly post -payment, we had to negotiate with Florida Power and Light, the
opportunity to receive approximately seven or eight prepayments on a monthly
basis until such time as we had gone into the second budget year, where there
would be nine payments and then the third year, there would be the full twelve
payments coming to us monthly. That assists the City in providing for a bud-
get process that would allow us to have an amount of money not less than what
we are now collecting from Florida Power and Light and applying to the City
budget. In future years, the franchise fee will be greatly expanded because
of the tremendous growth that we have in the downtown area, where there are
large high-energy users in buildings being constructed and completed, which
will bring to the City an additional amount of revenue which will provide the
175 JUL 29198Z
E
11
City an opportunity to offset the necessity of future taxes. This agreement
also provides that they will include in the revenue base industrial revenues
which are not now included in developing the fee that will be paid to the City
based upon the 6%. I have concluded as a result of these negotiations that
the City of Miami has one of the best arrangements with Florida Power and
Light that they have negotiated thus far and I would recommend that we continue
with the Florida Power and Light franchise agreement. I would be very happy
to answer any questions that you might have regarding this agreement.
Mayor Ferre: What item is this on the agenda? We have to vote on this yet.
Mr. Plummer: Item number
Mr. Clark: Item "111.
Mr. Plummer: On the regular agenda.
Mayor Ferre: On the regular agenda - this is the second reading of the ordi-
nance, right? All right, sir. We have members of the public that wish to
speak on this. Mr. Lazarus. Is there anybody else that wishes to speak on
this. I have got two letters. While Mr. Lazarus comes forward, I will read
the letters into the record. The first one is from the Miami -Dade Chamber of
Commerce, Ronald E. Frazier, President:
"Dear Mayor Ferre: Miami -Dade Chamber of Commerce expresses its
affirmation of the franchise renewal between the City of Miami
and Florida Power and light.
'Florida Power and Light Company has been active in supporting
Black economic and community development. It is a concerned
utility corporation and it serves our community efficiently
and it has provided a local branch to service our Liberty City
community.
'We give our full support to Florida Power and Light and the
City of Miami in renewing this franchise agreement. Sincerely
yours, Ronald E. Frazier, President, Miami Dade -Chamber of
Commerce."
Secondly, from the Latin Chamber of Commerce:
"Dear Mayor Ferre: It is has come to our attention that on Thurs-
day, July 29th the City Commission has scheduled a public hearing
for consideration of the renewal of the franchise agreement with
the Florida Power and Light Company. It is our understanding that
the City Manager and your staff has recommended renewal of the
franchise agreement under the terms agreed upon by both sides.
'While the Latin Chamber of Commerce cannot evaluate the merits
of the individual franchise agreement items, we understand the
financial significance of having the franchise renewed for the
City of Miami. Recogniking the excellent services provided by
FP&L, and the significant contribution that it makes to this
community, we wish to endorse the recommendations made by the
City Manager.
'We thought we would write you this letter so that our thoughts
could be available in writing at the public hearing. Very
truly yours, Luis Sabines, President and Eloy B. Gonzales,
Secretary."
Mr. Gonzales and Mr. Nananjo representing the Chamber are both here today.
All right sir, Mr. Larazus.
Mr. Bernard Lazarus: Mr. Mayor and members of the Commission...
Mayor Ferre: You have got five minutes.
Mr. Lazarus: No.
Mayor Ferre: Ten minutes?
Can you do it in five minutes?
76 JUL 2 91982
Mr. Lazarus: I don't know how long. This involves billions of dollars, Mayor,
and....
Mayor Ferre: Well?
Mr. Lazarus:.... when billions of dollars are involved, I want to take...
Mayor Ferre: If you don't accept my offer, I will limit you to ten minutes.
Mr. Lazarus: What offer did you give me, Mr. Mayor?
Mayor Ferre: It is too late!
Mr. Lazarus: Too late? What is this, a star chamber session?
Mayor Ferre: Go ahead, Bernie.
Mr. Lazarus: Don't give me that ten minute routine, because I don't stand
still for it!
Mayor Ferre: You have got ten minutes.
Mr. Lazarus: When the City Manager just made a remark, he said they worked
with the Florida Power and Light Company. When is the City Manager going to
start working with the people. Is Florida Power and Light the outfit that
is going to run the City, or should the people have something to say? I
don't like that kind of action at all because I have been in touch with the
City Manager's office several times and I told him I was available for any
consultation or meeting. Nobody ever said a word to me. Now, let me tell
you something with reference to the Florida Power and Light franchise re-
newal. Coming up two years from now, I would like to know, and incidently,
I happen to be the Executive Vice -President of the Florida Congress of Senior
Citizen's Organization and I am representing the Gray Panthers who are very
much opposed to this franchise going through on a star chamber session basis.
Last week when I came here, I didn't have the slightest idea that there was
going to be a first hearing on Florida Power and Light's application for a
franchise renewal. I read the Miami Herald regularly and completely and
there was nothing in the Miami Herald about it. I spoke to somebody in the
Manager's office the other day (I think his name was Merrill) and he said
that he was given explicit instructions by the Commission to never put any
notices of hearings or meetings in the Miami Herald. Now, I don't take a
back seat to you, Maurice, or anybody else on the Commission with regard to
the Miami Herald. I have had plenty of fights with them in the past, but I
am not going to cut my nose off to spite my face! I think that that should
have been in the Miami Herald where people can see it and be in a position to
make objections if objections are in order. I would like to know why this
sudden two year advance notice of signing a franchise and giving Florida
Power and Light a blank check to the extent of anywhere from six to ten or
twelve billion dollars over the next thirty years. Didn't anybody hear about
the technocracy and the changes that are going on in energy today? The reason
why we object to a franchise and why we are insisting on a feasibility study
are these: A feasibility study is a must. There are very, very important
items that are coming up now that may have tremendous effect with regard to
cost of electricity and savings to the people. I mention among others
co -generation, a solartron that is working terrifically in parts of Africa...
the Gulf steam that we have here, the tides and solar power, and I would like
to mention the fact that Ralph Nader is a great admirer and an enthusiast
of solar power, because solar power is something that Exxon doesn't control.
I'd like to know what happened.to government in the sunshine? This notice
should have been in the Miami Herald, even though I am not one of their
greatest admirers. And the reason that we are interested and why we insist
upon a feasibility study ... this is what can be saved. We can save the tre-
mendous profit that Florida Power and Light has been making. In 1981, Flori-
da Power and Light made a profit of $224,000,000. In spite of that, our
Public Service Commission gave.them a $257,000,000 rate increase only last
October. Now, eight months after that, they are going in for another
$281,000,000. The rate increase that Florida Power and Light was granted in
October, 1981 has increased their profits monthly to the point where in May
30, 1982, their profit was $245,000,000, Now, this is something that we have
got to consider, because this isn't Beverly Hills; this isn't Palm Springs;
this is Miami. The people who live in the City of Miami are people of
moderate and low income means and there is absolutely no reason why the City
77
JUL 29 19Q�
Commission shouldn't give a long and thorough study of feasibility of other
forms of energy and the possibility of the City taking it over. I don't say
that we should, but, there happen to be fifty communities in the State of
Florida that do have their own power, and I am not talking about back -water
towns, I am talking about cities like Jacksonville. I am talking about cities
like Orlando, Gainesville, Tallahassee, Ocala and they are cities where the
rates are substantially less than what Florida Power and Light is charging
and every year they turn into the General Fund of their cities large sums of
money. Jacksonville turned $27,500,000 in 1981. Orlando turned in $14,000,000.
You mean to say that the City of Miami and the Commission is going to run
rough -shod over the will of the people and without a feasibility study, two
years in advance give them a free reign, particularly in view of the fact that
at the last stock holder's meeting, Jack Francis, who is an executive of
Florida Power and Light says even with the $281,000,000 that they are looking
for today, there are going to be rate increases asked for every year in the
foreseeable future, he says. Should the people of Miami be the largest payers
of bloated payrolls of some of their top executives? In 1981 Marshall McDonald
received a salary of $460,000. In 1982, it was raised to $602,000! President
Hudiburg was getting $171,000 in 1981. Now his salary is $217,000 and Presi-
dent Hudiburg was coming to the Public Service Commission pleading poverty,
but yet, at the stockholder's meeting which was held recently, he admitted
that they did real good. And you better believe that they did do real good.
These profits are going only one place and that is up, just like their charges.
In 1981, they had $188,000,000 depreciation. If we had a feasibility study
and we thought that there was a possibility of generating some of our own
power, a lot of these charges would be deducted and the public wouldn't have
to pay for it. Deferred income taxes for 1981 was $78,000,000. Deferred
investment tax credit was $40,000,000. Deferred fuel and conservation reve-
nues, $30,000,000. Add all those depreciations and deferrals to the
$245,000,000 that they made as of May 31st for that previous year, it showed
a real profit as of May 31st of $581,000,000. That is why we are insisting
on a feasibility study. A feasibility study is a must! When I see the tens
of thousands that are being given away by the City Commission, the things
that have absolutely no justifications for the City as a whole, I want to
know why we can't have a few thousand dollars for a feasibility study? A
feasibility study is a must! There are billions involved, and as a matter of
fact, the City of Miami is the biggest customer that Florida Power and Light
has got in the City of Miami. Our power bill was $6,000,000 approximately,
last year and it is going up! So you know damn well that part of that
$281,000,000 has already been obtained by Florida Power and Light. They have
already gotten $44,000,000 as a "temporary" increase. These "temporary" in-
creases are the most permanent things you ever saw. They are playing fast
and loose with our money. Do you know that Florida Power and Light owns tens
of thousands of acres in Manatee, DeSoto and Indian River counties? ... and that
the tax on the land of the tens of thousands of acres that they own in Manatee
County last year was $4,360,000 and they are being planted in orange groves?
Now, somebody tell me what the hell that has got to do with energy, I would
like to know. Why isn't that money used for the benefit of the public? This
is absolutely ridiculous! We have got to have a feasibility study, gentlemen,
because if you don't have a feasibility study, you are going to have the most
aroused public you ever saw and that is what caused the terrific change in the
City Commission and the mayoralty's office in Miami Beach. The previous mayor
eliminated the feasibility study that was being conducted in the City of Miami
Beach and the people of Miami Beach turned the mayor out and five of the
old commission out, and they have got a new Commission and a new mayor in the
City of Miami Beach. I tell you that this is a situation that absolutely can-
not exist. Now, let me get to this franchise tax. This is the biggest swindle,
and it has been going on every year. Florida Power and Light pays a franchise
tax, but they don't pay a franchise tax! They get the franchise and the pub-
lic pays the tax. Look on your electric light bill. You will see that the
tax is added to the bill that the public has to pay. Now, this is a privi-
lege and a right and an opportunity to make a profit that we are giving Florida
Power and Light. This should be charged to Florida Power and Light's general
expense for their system state-wide, and we shouldn't have to pay for it. Why
should the people of Miami have to pay because Florida Power and Light is
getting a franchise. These things are absolutely ridiculous. You have a
chance right now, believe me, to strike a blow for the people and this is
something that doesn't affect one group here, one group there. This affects
every person in every home in the City of Miami. The people want a feasibility
study! That is little enough to ask for two years in advance. Nobody is going
to get hurt. Nobody is going to be rushed into anything, but a feasibility
study is a must, because there is a possibility of saving millions of dollars
t8 J U L 2 91992
for the people, and don't tell me that the people don't need savings in times
like these. You have got a corporation that is the biggest profit maker in
the State of Florida, every year, year in and year out. The first quarter of
1982, they showed a profit of $51,400,000 against $31,400,000 the year before,
or a profit of 46% more in 1982 than they made in 1981, when almost every
business in the State of Florida is struggling to break even and lots of them
are going bankrupt. I say that the City of Miami Commission should positively
come forth for a feasibility study. It is the least you can do to protect
your people, and if you don't do it, the blame is going to be directly on
yourselves. You have got to put a feasibility study into effect to see just
what the possibilities are. In other words, I think I hinted that we need a
feasibility study.
Mayor Ferre: I think I heard that! Very funny. Thank you very much, Mr.
Lazarus.
Mr. Lazarus: Does anybody care to ask me any questions?
Mayor Ferre: No. Thank you. Any questions? Any other speakers? Yes, sir.
Mr. Ronald Harvey: Honorable Commissioners, City Manager and City Attorney,
I am Ron Harvey from the Miami -Dade Chamber of Commerce. Mr. Frazier could
not be with us today; he is out of town, but I thought I would come in to
let you know that we do support renewal of the franchise of Florida Power
and Light. Florida Power and Light has been very active in the Black com-
munity in regards to helping with business development and getting involved
in a lot of community activity that we are participating in, and we do send
our support and hope that you would make an immediate decision on renewing
that contract. Thank you.
Mayor Ferre: Any other speakers?
Mr. Eloy Gonzalez_: Mr. Mayor and City Commissioners, in the name of the
Latin Chamber of Commerce, we agreed with the Dade Chamber of Commerce and
we have to say something else - that the people of Miami are not able to
invest any more money in feasibility studies. Even when we have arguments
i with the City Manager, we believe in his intelligence and ability to study
such documents and contracts, we agree with the study of the City Manager,
and we think that we have to go ahead with this contract.
Mayor Ferre: Any other members of the public that wish to address this
Commission? If not, we have a...Is Plummer here? Plummer, we are ready to
vote. We need to have a motion at this point to cut off... all right, is
there a motion now to end this public hearing? Plummer, do you want to
move it - to end the public hearing now?
Mr. Plummer: Does anyone else what to speak?
Mayor Ferre: No. I have asked twice now. Any other speakers? All right,
is there a motion?
Mr. Plummer: The public has had the right to have their say. So be it! No
one else wants to speak? We close the public hearing - I so move.
Mayor Ferre: Is there a'second?
Mr. Dawkins: Second.
Mayor Ferre: Second by Dawkins. Further discussion? Call the roll.
THEREUPON MOTION DULY MADE AND SECONDED, THE COMMISSION ENDED THE
PUBLIC STATEMENTS PORTION OF THE HEARING.
Mayor Ferre: The matter before us is obviously a very serious matter for
this community and for this City and for this Commission. The amount of
money that is involved is quite substantial. In four years we will be re-
ceiving $18,000,000 a year estimated on this source. Several years ago,
we put on the ballot a franchise from Southern Bell, and as you know, that
passed two to one. People of Miami voted for it. So, it is not axiomatic
that people are necessarily against utility taxes or franchise taxes and
within recent years we proved that such is the case. Now, the reason why
`79
JUL 2 91982
.d
this is before us as an ordinance, ladies and gentlemen of the public, is be-
cause there has been a reading - a determination by the courts that the City
of Miami Commission, because of home rule ability, is able to decide this
question at the Commission level. Now, we live in a Republican form of a
Democracy in which people are elected to make decisions. My attitude on
these decisions is very simple. I am elected to make these decisions, so is
Miller Dawkins, Demetrio Perez, Joe Carollo and J. L. Plummer. We have been
elected to make decisions. Some of them you will agree with. Some you will
not agree with. You have the right always to final disagreement to vote us
out of office if we run again for this particular position. And that is way
our American government functions at the local level, at the state level and
at the national level. Now, this is a very serious matter, and it is a
major part of the City of Miami's budget and operation. It is unquestionably
a form of taxation. Now, we are impowered through a long complicated proce-
dure to dbsess millage on property. We do that every year when we pass the
budget. This is sometbing that is similar in nature. It is a decision that
we as a Commission have got to make. The long and short of it is that in
my opinion, the people of Miami and the government just simply do not have
the money to go into the electrical business and in this day of high cost we
do not have the ability to do that and I think that our way of participating
in this matter is by receiving these franchise and utility taxes. The last
thing that I want to say is that Metropolitan Dade County passed an election
in 1960 that, if the City of Miami did not have a franchise tax, that the
County would take it. Now fortunately, when the County started tampering
with this, they started legal proceedings to take over this money and they
are well entitled, under certain circumstances to do that - fortunately, about
that time they needed our help in something. So, throughh the leadership of
J. L. Plummer and through the leadership of the Dade League of Cities and
the Florida League of Cities, on June 20th of 1978, resolution number R709-78,
the County Commission voted unanimously to instruct the County Attorney to
no further litigate a declaratory decree or otherwise, against the Florida
Power and Light Company, or against any municipality in Dade County - that
means Miami. It involves any municipality's right to receive franchise fees
under any electric franchise contract. Now, any good lawyer will tell you
that legislation of this kind is not binding on future Commissions, so while
this matter is as it is at the present time, I think that it absolutely
essential that we conclude this. It is essential for a lot of reasons, one
of which is that we have the ability to do it without being challanged by
Metropolitan Dade County at the present time. The second is, that it means
a significant amount of money to operate the City of Miami. The third is
that if we don't do it the way we are doing it, we are going to have a weaker
bargaining position as time gets closer to 1984. And the last reason is,
that we have, I think, struck what is a very important and constructive deal.
J. L. Plummer, for one has to take a lot of credit for holding Florida Power
and Light's feet to the fire and getting additional things which the City has
gotten - the Manager and the people who have been working on this, in parti-
cular, Clark Merrill, must get a tremendous amount of credit. I know Florida
Power and Light will cringe when I make this statement,.and you will be all
upset that I made it, because you have two hundred and some odd other munici-
palities watching this, but the fact is, I think that we have done better
than just about anybody else has. In fairness to others, let me say that
the inclusion of the industrial portion of it will mean one-half million
dollars a year and over the term of this contract, it is estimated to signify
twenty million dollars. Let me tell you what that means. We have industries
in Miami. At the present time, we are not getting any kind of a franchise
tax on these industries, and now after we adopt this, we will be getting that,
that means an additional half million dollars that the non-residential con-
sumer will not be paying, that the industrial consumer will be paying. Over
the life of the contract, that is a minimum of twenty million dollars. I do
not want to get into the other improvements, even though they are a matter
of public record, because I am afraid that Florida Power and Light will get
a little bit upset about that. I do want to, without getting into it, pub-
lically commend J. L. Plummer for his foresight and his persuasive powers to
improve this contract, and that is all that I have to say. Do you want to
say something, J. L.?
Mr. Plummer: Mr. Mayor, a number of questions have been raised here today
that I think do deserve answers. I think everyone is concerned in this
community about their electric bill, as well as I think Florida Power and
Light is concerned. To my good friend Bernie - Bernie, you make a very
good argument, and I think that you have a lot of good sound reasoning
JUL 2 91982
Fj
1i
.d
behind some of your arguments. You are arguing before the wrong body. That
should be the P.S.C. We are not here today determining rates.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD).
Mr. Plummer: What we are here today is for a franchise to allow F.P. & L.
as we allowed Southern Bell as we allowed the Cable Company to use public
right-of-way. That is the only thing we are dealing with here today, is to
whether or not, for the next thirty years, F. P. & L. shall have the right
to use that public right-bf-way. If you want to argue their rates; if you
want to argue their profits; if you want to argue any of that, the appropriate
place is the P.S.C. I had a lot of areas of concern. I think most of those
areas have been resolved. I say to you that the roughly ten million dollars
a year in which this is going to increase the budget of the City of Miami
is crucial to the operating budget of this City. You are talking about
roughly about 4%, 3�% to 4% of our total operating budget for the City of
Miami, which could mean, whether the percentages are right or wrong, $4,000,000
goes a long way. $4,000,000 represents 200 policemen. I think that is the
most dramatic way that I can put it. It is very, very important. The question
is raised, "Why are we negotiating a franchise now, when the present franchise
is not up until 1984" and I think that deserves an answer, because there is
a very crucial reason why we are doing it. We fought the fight with the
County that they would not take away from our rights as a City to collect
this franchise fee. But, the thing that we didn't fight with anything but
ourselves is on the terminology of the present franchise. The present fran-
chise is a pre -payment. We have received already the last of the payments
of the present franchise. If we do not put into effect now, prior to April
of next year, we lose one whole year of cash flow. I don't think this City
can stand to have that lack of cash flow. We have got to have it to keep it
as an on -going situation. I don't see all of the protections that are built
into every franchise. An F.P.&L. franchise across the State of Florida is
very, very uniform. I think that we have received some plus items, and I am
very happy that we have received these plus items, and as far as I am con-
cerned, as it :elates to the franchise, and in no way does this relate to any
other matter relating to Florida Power and Light. I am prepared and ready to
vote.
Mr. Dawkins: I would like to say, Bernie, that I agree in total with you, but
also agree with J. L. I, the same as you, have problems with Florida Power
and Light. I cannot, for the life of me, accept the fact that Florida Power
and Light builds a nuclear generator, attaches it to my bill, and when it is
paid for,'Florida Power and Light owns it! But, to get back to what J. L.
says, that is not what I am here debating today. I am very disturbed with
that, but that is in Tallahassee. Those are the individuals who sit there
and permit me to be taken advantage of in this way, and that is my opinion.
And, as J. L. said, we were elected to make decisions for the betterment of
Miami. I have problems with the thirty year term of agreement. As the Mayor
said, I will not be here thirty years from now, but that is debatable. I shall
try to be here, but the Manager has recommended that we sign a thirty-year
agreement. We use your taxes to pay him to make these decisions and therefore,
I am prepared -to vote with the Manager's recommendation.
Mayor Ferre: Are you ready to vote now? Any other statements from any members
of the Commission?
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD).
Mr. Dawkins: There again, even if I do, I still have to abide by his decision
that he didn't.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD).
Mr. Dawkins: No, no, I didn't say you, sir. I said "me".
Mayor Ferre: All right,jurther discussion by members of the Commission. If
not, the Chair will accept any motion.
Mr. Plummer: Move the approval of Item number 1.
Mr. Dawkins: Second.
91
JUL 291982
Mayor Ferre: There is a motion and a second. Read the ordinance on second
reading.
Mr. Knox: Yes, sir. Before I read the ordinance, I would just like to add
some.housekeeping precision to the record, and to indicate that the Supreme
Court has determined that the term "franchise tax" is a term of art and franchise, in
in point of fact, a contractual agreement between a public body and a public
utility and as exchange that the utility has the privilege to use the
streets and ways of the City, for which the City is entitled to compensation.
Now I will read the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE GRANTING TO FLORIDA POWER b LIGHT COMPANY, ITS
SUCCESSORS AND ASSIGNS AN ELECTRIC FRANCHISE, IMPOSING PRO-
VISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTH-
LY PAYMENTS TO THE CITY OF MIAMI, AND PROVIDING FOR AN EF-
FECTIVE DATE.
Passed on its first reading by title at the meeting of July 22, 1982 was
taken up for its second reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Dawkins, the
ordinance was thereupon given its second reading by title and
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
----------------------------------
NOTE FOR THE RECORD:
3rd and final reading will be held
on September 9, 1982.
----------------------------------
SAID ORDINANCE WAS TENTATIVELY DESIGNATED ORDINANCE NO. 9472.
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.
COMMENTS AFTER READING OF ORDINANCE AND BEFORE ROLL CALL:
Mr. Plummer: I move the ordinance, not the wording of George, because I
am still trying to figure that one out.
Mayor Ferre: It has been moved and seconded. Let the record reflect that
all members of the public have before them a copy of this ordinance, as does
_ the Commission. Let the record also reflect that the City of Miami did
properly advertise in two newspapers of daily circulation, one in English
and one in Spanish, and meets the requirement of the law for this public
hearing.
44. PRELIMINARY APPROVAL FOR CLOSURE OF STREETS: 1983 COCONUT GROVE
ART FESTIVAL.
Mayor Ferre: I think we have Joanne Holshouser. Make your presentation very
quickly.
Ms. Holshouser: Joanne Holshouser, 4230 Ingram Highway. I am here represent-
ing the Coconut Grove Association, and I would like to introduce you, Commis-
sioners, first to the new Executive Director, if she can stand up, please.
This is Terry Farb, and she is the new Executive Director. I said I was
going to retire in three years and I have. I will be the Consulting Director
for a while with her. I am here 'today on the item that I brought up last
month to you all about the resolution for the location of the Coconut Grove
Art Festival and the confirmation of the date. This is the map, just to
82 JUL 2 91982
refresh your memory, that I showed you last month, and the dates are the same,
February 18th, 19th and 20th, Friday, Saturday and Sunday. We are asking for
the closure of the street only - permission to use the area. We are not
bringing up any of the other details of the Festival at this time.
Mayor Ferre: All right, does anybody else want to speak on this? This is
a public hearing.
Mr. Plummer: I so move it.
Mr. Dawkins: Second.
Mayor Ferre: All right, there is motion and a second, that the map, and map
will become part of the public record now, so you will have to give it to
the Clerk. All right, is there further discussion on this? All right, call
the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 82-749
A MOTION OF THE CITY COMMISSION GIVING PRELIMINARY APPROVAL
TO REQUEST BY J. HOLSHOUSER FOR VACATION/CLOSURE OF CERTAIN
STREETS IN THE GROVE (AS FULLY OUTLINED IN MAP SHOWN AND
DISCUSSED WITH THE CITY COMMISSION AND SUBMITTED INTO THE
PUBLIC RECORD ON THIS DATE) IN C014NECTION WITH THE COCONUT
GROGE ARTS FESTIVAL'S PROJECTED ROUTE IN THEIR '83 FESTIVAL.
Upon being seconded by Commissioner Dawkins, the motion was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
45. IIISTRUCT ADMII11STRATIOII TO COOPERATE IN TEMPORtX.Y RELOCATIOII
OF PFACOCK ALLEY
Mrs. Holshouser: I have an emergency item if I may ask one more thing for
the Association very quickly. We have been negotiating for a number of
months to work out something with the City of Miami about relocating Number 1
Peacock Alley. This is a two story house on the alley behind the Grove Play-
house. Player's State Theatre does not want it. That property now belongs
to the State of Florida. Player's State will not keep it there under any
circumstances. We have been negotiating for a number of months to put to-
gether a non-profit group who would relocate this with a plan somewhere
within Coconut Grove, hopefully to start a small village atmosphere creative
thing here. Unfortunately, before we could come before you with the plan
completed, we have faced the fact that they are going to demolish it as of
next Monday. Brenda Carson of the Secretary of State's Office has assured us
that if we could have a commitment for them that we have a place to relocate
it temporarily, they will not bulldoze it; they will save it for us for
several weeks. All I am asking will not cost the City anything at all - not
for the City to bear any of the cost, but we would like to be able to tell
the State of Florida, the Secretary of State's Office, that the Coconut
Grove Association will take full responsibility for the building, that we can
locate it temporarily on City property until we can negotiate a permanent
place for it. We will do all the moving; we will pay all the costs; all we
need is for the City to say that they will try to work this out. I am sorry
that we were not able to do it and come before in September, but they have
called our hand on it.
Mayor Ferre: What do you want from us?
Mrs. Holshouser: Permission to move it and put it on - I have spoken to Dick
Whipple; I have spoken to Carl Kern; I have spoken to Jack Luft and Jack has
spoken to the Manager. I think that probably....
JUL 291982
Mayor Ferre: To put it where?
Mrs. Holshouser: .... the best place to put it that wouldn't block anything
would be right down here by Merrill Steven's fence, for two or three months
until we find another place to locate it.
Mayor Ferre: No Ma'am, you don't have me on that one. I think we need...I
am willing to work with you, but I don't... Plummer says there is nothing more
permanent than something temporary around here. Let's find a location for it,
and then I think this Commission will instruct the Manager to work and cooper-
ate with you as much as possible within reason, but I don't want to formalize
any location. What is your opinion on it?
Mrs. Holshouser: It is not a location itself. I just want a piece of City
land to put it on for a few months.
Mayor Ferre: Yes, that is wonderful.
Ms. Joyce Meyers: This is the first I have heard of it. I would be happy to
help find a location and we will bring it, after we...
Mayor Ferre: You come to us at the next Commission meeting.
Mrs. Holshouser: I can't. They have to have a word from us by tomorrow
afternoon, or the bulldozer is there at 9:00 o'clock Monday morning. Brenda
Carson from the Secretary of State's Office says that they will save that un-
til the last piece of property to be demolished, if we can just tell them that
we can move it out in another two weeks.
Mayor Ferre: I don't understand this. This is the Peacock House?
Mrs. Holshouser: It is the Peacock Alley house. It was part of Grove House
for years. Sheila Shaw and Tom Luke had a studio there for years.
Mayor Ferre: All right, but the thing that I don't understand is, where is
the Dade Heritage Trust and where is the Preservation Society and the His-
torical Society, you know?
Mrs. Holshouser: We have not had a chance to go to them, because we did not
know the State of Florida was going to move this early. That is the problem.
They told us on Monday afternoon.
Mayor Ferre: You mean the State of Florida is just going to bulldoze down a
historic building without telling anybody about it?
Mrs. Holshouser: Yes, sir, they are. Yes, sir. It has been scheduled for
demolition and Brenda Carson...at least she was kind enough to call and say
"If you all can't 'do something with your plan, we are doing it.
Mayor Ferrer' Mr. Manager, what is your recommendation? I recognize it is
an important item. Do you have a place for it in your yard?
Mr. Gary: We have got a place for it in Liberty City.
Mrs. Holshouser: I can't afford to move it that far out. You can have it!
Mayor Ferre: That would be poetic justice.
Mr. Gary: Mr. Mayor, I would recommend the Commission direct the Manager to
identify a location that the place can be moved. Staff would work along with
her and prior to giving approval, we will inform the City Commission of those
alternatives available in terms of temporary...
Mayor Ferre: With your recommendation...
Mr. Dawkins: With a time limit, Mr. Manager.
Mrs. Holshouser: Thank you.
Mr. Gary: The time limit has to be consistent with the...
84 JUL 2 91982
Mayor Ferre: Okay, is there a motion so instructing the Manager?
Mr. Dawkins: So moved.
Mayor Ferre: Is there a second? Moved by Dawkins, seconded by Plummer.
Mr. Plummer: As long as the Manager doesn't come back and say "Put it in
the Public Library downtown".
Mrs. Holshouser: It will not go out of Coconut Grove, I promise you! -
Mayor Ferre: Call the roll.
Mrs. Holshouser: Thank you.
Mr. Dawkins: You can't promise that!
The following motion was introduced by Commissioner Dawkins, who
moved its adoption:
MOTION NO. 82-750
A MOTION OF THE CITY COMMISSION INSTRUCTING THE CITY MANAGER
TO COOPERATE WITH MS. JOANNE HOLSHOUSER IN CONNECTION WITH
HER REQUEST TO TEMPORARILY RELOCATE THE "PEACOCK ALLEY HOUSE",
WHICH STRUCTURE WAS SCHEDULED BY THE STATE OF FLORIDA FOR
DEMOLITION; FURTHER AUTHORIZING THE CITY MANAGER TO IDENTIFY
A TEMPORARY SITE SAID STRUCTURE COULD BE MOVED TO AND TO PRE-
SENT SAID POSSIBLE SITES TO THE MEMBERS OF THE CITY COMMIS-
SION (BY POLLING THEM INDIVIDUALLY) PRIOR TO FINAL APPROVAL
OF THIS REQUEST.
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
46. DISCUSSION ITEM (again) OF CABLE T. V. LICENSE.
Mayor Ferre: Now, I will tell you, if the members on both sides - Senator, you
and Mr. Barranco, are willing to be heard before a three -member Commission, I
have no problems.
Mr. Dawkins: Mr. Manager, I still have problems with it - the whole thing,
and I have asked you for some information that you have not been able to
deliver to me, so in your professional expertise, would you say it would be to
our advantage to defer it? Or you don't want to defer at all?
Mr. Gary: Basically, the discussion I was going to have today was going to be
very limited - limited to the point of explaining to you what occurred and
what I think should occur•in the future in terms of this particular problem
that we have, so I am really not seeking any decisions in the City Commission
at this time, but just to update you on what occurred.
Mr. Dawkins: Okay, thank you.
85 JUL 291982
Mayor Ferre: You were instructed to have a meeting, which I understand you
held during this past week and I understand that you are now ... your position
is that this a matter beyond the legal responsibility of the City of Miami,
both the Administrative level and the Commission level. Mr. Knox, do you
concur with the Manager's opinion on that?
Mr. Knox: Yes, sir. The Law Department's position is that the dispute is a
private dispute between private individuals and each of them could have any
legal position that they might possess prejudiced by having a full exposition
before the City Commission and I also can let the Commission know that at the
meeting I advised the parties to the controversy that the City Commission and
the City of Miami Administration would be very interested to determine that no
provisions of the license ordinance are violated as a result of the dispute
that has taken place.
Mr. Dawkins: That is a part of my problem. If there are two signed agreements
with two different individuals, of which we know nothing about it, is that a
violation of the franchise?
Mr. Knox: Well, we have imposed a requirement that certain kinds of services
be provided by M.C.I., and one of the things that we are still in the process
of ascertaining because the meeting was held yesterday and the Manager just
collected all of the documents on yesterday, is that what we can do as to pro-
vide the City Commission with a statement of the facts that were ascertained
without any judgmental recommendations so that the City Commission would then
know whether indeed there are two signed contracts for performing the same
services and make a decision.
Mr. Dawkins: But, Mr. Knox, I asked if there are two, is this a violation of
the franchise?
Mr. Knox: Well, we have not determined whether...
Mr. Dawkins: No, no, no. I don't want to know what you found out. I want to
know if it is what? Is this your last day please?
Mr. Knox: Not necessarily! Here is the difficulty, Commissioner.
Mr. Dawkins: Okay, Mr. Attorney Knox.
Mr. Knox: Their have a requirement to have these services provided. If there
are two signed contracts, it is irrelevant, or could be irrelevant to the City
Commission who performs and if they have...
Mr. Dawkins: I am not saying that I am going to attempt to dictate to them
whether the group headed by George H. Green provides the services, the one
headed by Mrs. Ayers, or one headed by Piccolo Pete! I couldn't care less.
I am asking you, which we pay you to render legal opinions - if there are two
signed agreements which we knew nothing about until last Thursday, is this a
violation of the franchise?
Mr. Knox: Not per se.
Mr. Dawkins: But there is a possibility?
Mr. Knox: Well, yes, sir.
Mr. Dawkins: Thank you. Damn it took a long way to get that out of you!
Mayor Ferre: It is not for George to determine. It is for a court to deter-
mine, and I think...
Mr. Dawkins: Well, I don't mind going to court! Not when we can pay George.
George knows about it. You have got your first case!
Mayor Ferre: Unless I am over -ridden, I will rule now as follows: I will
follow the Manager and the City Attorney's advice and ruling and this is not
a matter that legally is before the City of Miami Commission. I will however,
out of courtesy, permit Mr. Barranco and Senator Myers to make any kind of a
statement that they want to into the record. I will not permit any member of
$6 JUL 2 91982
the Commission, including myself, to get into any kind of discussion, or react,
because we do not want to get into any kind of prejudicial situation if this
matter goes to court and prejudices the City's position.
Mr. A. J. Barranco: Mr. Mayor, my name is A. J. Barranco, 66 West Flagler,
Miami, Florida. I respectfully disagree. I understand that this is Mr.
Knox's last day, but I respectfully disagree with his interpretation of the
law. We feel, your Honor, Mr. Mayor, that you stated at the last meeting that
there was a signed contract with Mr. Georgia Jones or Georgia Ayers - I am
sorry, I don't remember the name. You made that specific statement. I asked
that it be read back to me by the Court Reporter the other day and you
pointed to Mr. Gary and you pointed to Mr. Knox and you said "What we have
here is a dispute between two individuals and you directed that all documents
be turned over to Mr. Knox and to Mr. Gary. Well, I attended that meeting
yesterday, and I saw no such documents signed giving the Black look origina-
tion channel to a group headed by a second party. And, we were told at that
time "Well, it is going to be signed this afternoon", Mr. Mayor. That is
just one more exhibition of bad faith in this community by the people who
will operate the cable TV franchise - one more example of bad faith in the
Black community - one more example of Black bad faith to the City of Miami.
You also will recall what Mr. Myers said the other day, and I had it typed
up. I gave it to Mr. Knox, and I am going to mail you a copy of it. Mr.
Myers said "We are offering all these things to George Green. We are offering
all these. We are offering the Black look origination channel". His own
words in print. "We are offering all these things to him, but all he wants
is $450,000". What Mr. Myers failed to tell you was the $450,000 amount was
set by Paul Alden and Charles Hermanowski. Now I defy him to deny that. I
will mail it to you. And then, a few minutes after Mr. Myers finished, as
I turned to walk out the room, in good faith, Mr. Myers, Mr. Alden, Mr. Herman-
owski, I added a letter, as a walked out this hallway. It says "We terminate
all negotiations with you". Just one more example of bad faith. Well, Mr.
Mayor, this is a court of first resort. This is not the court of last resort.
I respectfully diagree with Mr. Knox that any positions would be prejudiced
by a hearing on this subject.I think you owe it to this community. I think
you owe it to the Black community to delve into these things. No exposition
would be prejudiced if they tell the truth. I say to you Mr. Mayor and
Commissioners, the time will bear me out. History will bear me out, that the
Black community will be deprived of jobs and training and money as a result
of the non -fulfillment of this commitment. We have done what we have set
out to do. As I told you at the meeting the other day, that George Green had
a fiduciary responsibility to this community, to the Black community, to the
City Commission, the City Manager, the City Attorney to bring these things to
your attention. We have done so. Mr. Myers and his Associates can do all
the window dressing that they want and parade any group of people before you
that they wish, but time will bear me out that the Black community has been
denied its rights. This is certainly not the last that you will hear of the
issue. This is certainly not the last that you will read of this issue.
Thank you for your courtesy in letting me appear before you today.
87 JUL 29.1982
Id
Mayor Ferre: Senator Myers.
Senator Kenneth Myers: Kenneth Myers 1428 Brickell Avenue, Miami, Florida,
attorney for Miami Cable Vision. Mayor, Members of the Commission, we
absolutely agree with the decision of the City Manager and the City Attorney
that this is purely and simply a civil matter, a civil dispute that must,
if Mr. Green desires, be resolved in court. A contract for a Black local
origination channel has been executed by the company, Miss Georgia Jones Ayres
is here. She will acknowledge that. She has with her ... it has been fully
signed...some of her group is here as well.
We attempted to negotiate in good faith with Mr. George Green for
several months. If you desire to hear the matter, but your City Attorney
has rightly said it is a matter for the court to consider, you would find
a series of at least four or five separate proposals that went back and
forth from Mr. Green and then counterproposals, and then counterproposals
back from Mr. Green. Nowhere along the way could a reasonable agreement
be reached with Mr. Green. There were conferences. I attended several
myself. There were several held where I was not there. The first proposal,
which I don't believe Mr. Barranco had in his packet of proposals that he
delivered to the City Manager when we met at our conference... as a matter of
fact, he left out several proposals that were in the packet that came back
from Mr. Green along the way. But at one point Mr. Green requested, in a
written contract that Marvin Rosen, who was then his attorney, proposed
that Mr. Green wanted to have, which was his written proposal, said the
cable company would pay for all of the salaries and all of the personnel
of Mr. Green's local origination channel including Mr. Green's salary,
including all of his field personnel, all his personnel. The cable company
would pay for that. And in addition, Mr. Green would receive 100% of all
the advertising revenues. We would give him a lease channel. We would
give him equipment. We would pay for all his personnel. In addition to that,
he wanted to get 100% of the advertising.
Well, we came back and said, we think that is a little unconscionable.
We propose something else. Then Mr. Green came back with a suggestion that
he get 90% of the gross revenues and on top of that $125.000 a year for the
first three years. as start off monies, in addition to getting the free
studio, etc. We said that was a little unconscionable because we are not
offering that to our Latin local origination channel. We are not offering
to give them monies and also give them a free channel. They are willing to
come in and rely on advertising revenues. So we propose to give him 85%
of the advertising revenues in a written proposal that we signed and sent
to him, 85% of the advertising revenues, plus a free studio, plus free
equipment, plus training his personnel, and 85% of the revenues. He then
came back with a written proposal that Mr. Barranco sent in to us that said
no, he wanted 98% of the revenues plus $150,000 a year for three years.
Now, we don't think it is an insult to the Black community to say that
a turn down of a proposal that says that we are supposed to pay him $450.000
plus give him a free channel, plus give him 90% of his advertising revenue
is a reasonable proposal. To say that is an insult to the Black community
is an insult to the human intelligencel As I said last week, there is just
no mandate from God that says Mr. Green is the representative and the sole
representative of the Black community. It is just not true.
We think that this representative group that has now signed this contract
is certainly a good, very fine, and reputable representative of the Black
community. To answer your question, Mr. Commissioner, Mr. Dawkins, is there
a violation if we have two...if we would have had, which is not an issue now,
but if we would have had two Black local origination channels, there is nothing
in the license agreement that says you can't have ten local origination channels.
I believe there is aclause in the license agreement that says that we must
have a minimum of six local origination channels. But if we want to have
more, we could. So technically and theoretically there could have been
more. But the company has now turned down all proposals. Mr. Green asked
for all of these things and made some counterproposals. The company said,
"We have had enough. We threw up our hands and said we just could not reach
a reasonable agreement with him." So we went to another group who we are
very, very happy with.
AL 2 919005
04
Senator Myers (CON'T):.... If Mr. Green feels that there have been some
contracts breached, we will se him in court.
Mr. Dawkins: Mr. Myers Senator, before you leave, let me clear three
things with you. Number one is, I am not interested in what was signed,
where, or when. My concern is, and I will tell you and George Knox, if
there were two simultaneously negotiations going on, then in my opinion,
that is a violation. The second thing I have to clear up is that before,
when I was arguing, an individual said that I wanted Joe Middlebrook as
the person to receive the benefits. I want to go on record and say that
I could not care less if the cable company signed with Georgia Jones Ayres
group, with George H. Green group, or anyone else. But my concern is this,
the cable T.V. contract is worth $300,000,000 to $500,000,000, and I do
not feel that the cable company has acted in good faith in nine months and
in nine months they have not delivered anything to the Black community.
I have a problem with that. I hope that if you have an agreement with
Mrs. Ayres and her group, that it will not take you nine more months to
get something off the ground.
Mayor Ferre: All right, I think this concludes the matter.
Senator Myers: What is this?
Mayor Ferre: I hope this concludes —we are not going to get into a full
fledged hearing here and you know, that is exactly what I said we would not
do. It is not my intention to do it. You made a statement. He has made
a statement. That's it. You guys can do whatever you want now. Thank
you very much.
THEREUPON, the Chair TEMPORARILY ADJOURNED THE
REGULAR PORTION OF THE CITY COMMISSION AGENDA, AND PROCEEDED TO
TAKE UP ITEMS BELONGING TO THE ZONING PORTION OF THE
CITY COMMISSION AGENDA.
47. SECOND READING ORDINANCE: APPLICATION OF HERITAGE CONSERVATION
INTERIM ZONING DISTRICT TO 3033 GRAND AVENUE
Mayor Ferre: We are now on the Zoning Agenda. We are going to take up
item number 1 on the Zoning Agenda. Do you want to say something on this?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Ferre: No, if we start this, it is going to get....
Mr. Dawkins: George has to say something. We will let that go.
Mayor Ferre: We are now on item number 1 on the 9:00 A.M. Agenda, Formal
City...items 19 through 21 have been advertised for 5:00. Let us start
with item number one. This is second hearing, Planning Department's
application of Heritage Conservation item at 3033 Grand Avenue. It was
passed on first reading on June 24th. Is there a motion? Does anybody
wish to speak on this? Are you opposed?
Mr. Richard Sarafan: No, I am in favor.
Mayor Ferre: Does anybody else want to speak on this? Is there a motion?
Item 1. Don't all speak at once. Are we going to cancel the meeting for
lack of interest?
Mr. Plummer: No, we are going to at least hold up until I get my agenda
in front of me. Give me one more piece of paper.
JUL 2 91982
Mayor Ferre: A Commissioner without an agenda, J.L.
Mr. Plummer: ....is like a day without sunshine.
Mayor Ferre: Come on, let's go. The last time this matter was moved by
Commissioner Carollo and seconded by Commissioner Perez. Commissioner
Perez, do you wish to move it again?
Mr. Perez: I move, yes, I move.
Mayor Ferre: Commissioner Perez moves. Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Plummer seconds. Further discussion? Call the roll on item
I. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI BY APPLYING THE HERITAGE
CONSERVATION ITERIM ZONING DISTRICT, ORDINANCE
NO. 9317, TO THE PROPERTY LOCATED AT 3033 GRAND
AVENUE (FORMER I CHING STORE) AND AS DESCRIBED ON
THE ATTACHED MAP, AND BY REFERENCE THEREOF MADE
A PART HEREOF; 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; REPEALING
ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN
CONFLICT; AND CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of June 24, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Perez, seconded by Commissioner Plummer, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice Mayor Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9473
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
48. SECOND READING ORDINANCE: AMEND 6871-ART. XXV BASE BLDG. LINES
S.W. 1 ST. BET. S.W. 1 AVE 6 S.W. 1 CT.
Mayor Ferre: Take up item 2 on second reading. Last time Dawkins moved
it and it was seconded by Perez.
Mr. Dawkins: Move.
Oil
a7V
JUL 29198Z
Mayor Ferre: Planning Department application. Is there anybody who wishes
to speak to that issue? If not, it has been moved by Dawkins.
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez. Further discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY AMENDING SECTION 1, "BASE BUILDING LINES
ESTABLISHED, " OF ARTICLE XXV, "BASE BUILDING LINES,"
OF SAID ORDINANCE; MORE PARTICULARLY BY DELETING
SUBSECTION (4) OF SAID SECTION 1, AND INSERTING IN
LIEU THEREOF A NEW SUBSECTION (4), AND ADDING NEW
SUBSECTIONS (4-A), (4-B), AND (4-C), AS HEREINAFTER
SET FORTH: (4) 1ST STREET, SOUTHEAST AND SOUTHWEST,
BISCAYNE BOULEVARD TO SOUTHWEST 1ST AVENUE. . . .
37.5'; (4-A) 1ST STREET, SOUTHWEST, NORTH SIDE,
SOUTHWEST 1ST AVENUE TO SOUTHWEST 1ST COURT. . . .
37.5'; (4-B) 1ST STREET, SOUTHWEST, SOUTH SIDE,
SOUTHWEST 1ST AVENUE TO SOUTHWEST 1ST COURT .
29.5'; (4-C) 1ST STREET, SOUTHWEST, SOUTHWEST 1ST
COURT TO SOUTHWEST NORTH RIVER DRIVE . . . . 37.5';
FURTHER ADDING A NEW PARAGRAPH (74-B), TO SAID
SECTION 1, TO READ AS FOLLOWS: (74-B) 1ST COURT,
SOUTHWEST, EAST SIDE, FROM SOUTHWEST 1ST STREET TO
SOUTHWEST 2ND STREET . . . . 22.5; 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 REPEATING ALL ORDINANCES, CODE SECTIONS OR PARTS
THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of June 24, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Dawkins, seconded by Commissioner Perez, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Vice Mayor Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9474
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.
91
JUL 291982
49. SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION
271 N.W. 29 STREET FROM R-4 to C-5
Mayor Ferre: Take up item number 3. It is second reading of a Planning
Department application. Is there anybody who wishes to be heard on item
number 3? It was moved by Carollo. Seconded by Perez. Demetrio, do you
want to move it again?
Mr. Perez: What number is it?
Mayor Ferre: Item 3.
Mr. Perez: Yes, I already moved it. I move it again.
Mayor Ferre: Commissioner Perez moves. Dawkins, do you want to second it?
Mr. Dawkins: I'm voting against it.
Mayor Ferre: Oh, I see. You are going to vote against it.
Mr. Dawkins; Yes.
Mayor Ferre: We have to wait until Plummer gets back for a second.
Mr. Dawkins: Go ahead, let's get out of here.
Mayor Ferre: How can I go ahead with it?
Mr. Dawkins: I said I will vote for it. Let's get out of here.
Mayor Ferre: I need a second.
Mr. Dawkins: I will second it. Let's get out of here.
Mayor Ferre: It has been seconded by Commissioner Dawkins. Further
discussion? 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 LOTS
8, 9, 10, 16 and 17; NORTHERN BOULEVARD TRACT (2-29),
BEING APPROXIMATELY 217 NORTHWEST 29TH STREET, FROM
R-4 (MEDIUM DENSITY MULTIPLE) TO C-5 (LIBERAL COMMERCIAL
DISTRICT), AND BY MAKING ALL THE NECESSARY CHANGES
IN THE ZONING DISTRICT MAP MADE A PART OF SAID
ORDINANCE N0. 6871, BY REFERENCE AND DESCRIPTION
IN ARTICLE III, SECTION 2, THEREOF, BY REPEALING
ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN
CONFLICT AND CONTAINING A SEVERABILITY CLAUSE.
'JUL 2 91982
Passed on its first reading by title at the meeting of June 24, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Perez, seconded by Commissioner Dawkins, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Vice Mayor Joe Carollo
SAID ORDIN.'.NCE WAS DESIGNATED ORDINANCE NO. 9475
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.
50. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
3200 NORTH MIAMI AVENUE FROM R-2 TO C-5
Mayor Ferre: We are on item 4 on first reading. This is an application by
A.C. Investments, change of zoning at 3200 North Miami Avenue, from R-2
to C-5. This is an item continued from June 24th. Planning Department
recommended denial. The Zoning Board recommended approval 7-0. If I recall...
Do you want to put the map up? This was a piece of property right in front
of the Florida East Coast on North Miami Avenue. I wanted to go out and see,
which I did not do... What was the main argument for and against it?
Mr. Plummer: The main argument is an action that we previously took at this
Commission, Mr. Mayor. That was the relocation of an alley. I don't want
to lobby anybody because I did take the time to go out there. I did see it.
Let me just give you my impression for what it is worth on the record.
Mayor Ferre: Fine.
Mr. Plummer: Mr. Mayor, we are trying to encourage people to stay in business
in this community. This man provides jobs. Let me say to you, that is not
a basis for -zoning. Absolutely, and I am not saying that in any way, shape
of form.
Mayor Ferre: I'm glad you clarified that.
Mr. Plummer: But what I am saying to you is that absolutely no one had
any objection to the moving of the alley. We moved it over 15 feet by
a previous action of this Commission.
Mayor Ferre: Make your motion, Plummer.
Mr. Plummer: My motion, Mr. Mayor, is that this affects no one except
the man who is the owner, who, in fact, is trying to make his place of
business more successfull. He has promised that he will upgrade the....
Mayor Ferre: Plummer moves that item 4 be approved. Is there a second?
Is there a second?
Mr. Plummer: See what happens when you cut me off?
93 JUL2 91982
Mr. Perez: I second, Mayor, but I would like to know first what is the
present use for that land.
Mr. Plummer: It is the same. It is an electrical contractor.
Mr. Whipple: The property whose frontage is on Miami Avenue is A.C.
Electric Company. They propose to expand their building back into this
site, which is presently zoned for duplexes. As the Commission may be
aware, the Department did recommend denial on this. We feel that there is
a problem with the commercial encroachment going back into the residential
area. That is the basis of our recommendation for denial.
Mr. Dawkins: Is this the land, Mr. Whipple, where when we gave permission
to move the alley I specifically asked,..... "Do you intend to build or
do anything on this land?" We were told "No." Am I right?
Mr. Whipple: There was discussion. Whether the question was answered or
not, I'm not sure. The question was raised, yes.
Mr. Plummer: What I do remember was a statement to the owner at that time
that this application, the previous one, does not have bearing on future
applications you might have before. Mr. Dawkins, I can only say as it relates
to myself. When I went up and viewed that property, it was on the previous
application. The gentleman at the time was fully up -front with me in
telling me what he was trying to accomplish. So I can only speak for one.
I do not recall any other conversation except for the fact that in no way
did the previous application guarantee him any approval in future applications
he might have.
Now, let me speak to the other issue that is raised by Mr. Whipple.
One of the reasons that it was the moving of that alley, as we all know,
traditionally alleys are buffers. A buffer between the commercial and the
residential. We moved that alley over 15 feet and it still will remain as
a buffer between the business and the residential. No difference than
existed prior to the prior application.
Mr. Dawkins: Call the roll.
Mr. Plummer: Excuse me. Is there anyone in the public who wants to speak?
I don't remember the Mayor asking that.
Mayor Ferre: I'm ready to vote on this thing.
Mr. Dawkins: We just called a question.
Mayor Ferre: It's been long enough. Does anybody want to say anything?
All right, 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 CLASSI-
FICATION OF TRACTS 1 AND 2 LESS THE EASTERLY 117.5'
THEREOF; TENTATIVE PLAT NO. 1124-B "A.C. SUBDIVISION";
BEING APPROXIMATELY 3200 NORTH MIAMI AVENUE, FROM
R-2 (TWO FAMILY DWELLING) TO C-5 (LIBERAL 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 3, SECTION 2,
THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS,
OR PARTS THEREOF IN CONFLICT AND CONTAINING A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer, and seconded by Commissioner
Perez and passed on its first reading by title by the following vote:
94 JUL 2 91982
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
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
ON ROLL CALL:
* Mr. Perez: I vote yes. I think this change does not affect the image of
the neighborhood. I think it improves the Wynwood area. That is why I
vote yes.
* Mayor Ferre: Reluctantly, I vote yes. I say reluctantly because of the
position that Miller Dawkins has explained. I have some concerns about
good faith, but we cannot vote here on zoning matters based on other
considerations. I might point out, Commissioner Perez, just for the
record, so that we don't get into legal ... we cannot under the law vote
for any matter on zoning based on economic considerations.
Mr. Perez: That's right. That's what I pointed out; that it doesn't affect
and it improves the image of the neighborhood. I am not talking about the
economic image, about the technical image of the neighborhood.
Mayor Ferre: We are not voting on this based on economic considerations,
but on a matter of zoning. I vote yes.
51. FIRST READIIIG ORDIIiAACE: CHA14GE ZONING CLASS IF'CATION
1471 N.W. 17 STREET '.110M R-3 TO R-5
Mayor Ferre: We now have item number 5, which is :.he James and Stella
Morano change of zoning on 1471 N.W. 17th Street. The Planning Department
recommends approval. The Zoning Board recommends approval. There were
four proponents and four replies in favor. Does anybody wish to speak as
an opponent? Is anybody opposed? All right, is there a motion?
Mr. Plummer: Is the applicant here?
Mr. Gary: That's my neighborhood.
Mr. Plummer: Would the applicant come forward, tell us what you are planning
on doing.
Ms. Stella Morano: My name is Stella Morano, 1491 N.W. 17th Street. The
object of the zoning is adjacent to us, or behind us. The Venega Subdivision
has already been rezoned R-5. We are simply asking for the same type of
zoning that they have obtained, which is adjacent to our property. We own
the four that are in blue and the six that are in yellow. We have an
apartment house on the four that are in blue. It is a two story.
Mayor Ferre: All right, Mr. Plummer, are there further questions? If not,
is there a motion? .
Mr. Plummer: Mr. Mayor, the only thing going through my mind, as I recall,
this area was a very, very controversial situation when it came up adjacent
to that. Isn't that the area where the public housing went in?
JUL 2 919oel
82
Ms. Morano: It is a 19-story building behind us, yes.
Mr. Plummer: Well, there is no question that the way that the line is
drawn now it is out of boundaries. I'll move to uphold the Building
Department, or the Zoning Board.
Mr. Dawkins: I'd like to read this into the record, because I will be
referring to it constantly.
"The proposed change will not constitute or grant a special privilege.
Since other property owners adjacent to the property have had the change
take place, nor would it be contrary to the established land use pattern."
And I'm constantly sitting up here telling you over and over, when
you make these variances you open up the flood gates for something else.
Mr. Plummer: Excuse me. Correct your statement. This is not a variance.
This is a change of zoning.
Mr. Dawkins: All right, go ahead. I'll be back to it in a minute.
Mr. Plummer: Excuse me, did I make a motion? You don't think it was
seconded?
Mr. Dawkins: Yes, it was.
Mayor Ferre: No one has made a motion yet.
Mr. Dawkins: Plummer made a motion.
Mayor Ferre: No, we are discussing the item before us but without a motion
yet. The chair will recognize anyone who wants to make a motion.
Mr. Plummer: I want to ask the City Attorney a question. Mr. Mayor, you
know, I've been called on the carpet and I don't mind doing that. I'm
just wandering. In effect, what we are doing is we are doubling the
value of this person's land. I have really no problem with that. But
I do feel that without this Commission action, she cannot do anything
other than what she bought and paid for the land. That neighborhood could
use some upgrading as fir as landscaping and things of that nature.
Ms. Morano: Could I interrupt you for a moment?
Mr. Plummer: Excuse me?
Ms. Morano: We would like to build an garden -type apartment house similar
to what we have now with balconies and trees. What we have in mind, that's
the reason we wanted to go for the zoning is to put an garden -type apartment
with....
Mr. Plummer: Ma'am, will you be the owner of that apartment house?
Ms. Morano: Yes.
Mr. Plummer: You see, the City won't. So you are enhancing your own
pocketbook.
Ms. Morano: I understand. Well, it would have trees and shrubbery, like
ours does now.
Mr. Plummmer: Well, you understand that the City cannot....
Mayor Ferre: Will you charge for those too?
Mr. Plummer: ....condition your zoning. We can accept anything voluntarily
that you wish to profer to this Commission.
Mayor Ferre: J.L., she.doesn't know what this is all about. Let me explain
it to you. See, in other cases like this, evidently members of the public
who are enhancing their property, have been very generous because they know
that what they are getting is worth more than what they have. So they say,
and this is always on a voluntary basis, obviously nobody is forced into this.
JUL 2 91982
Mayor Ferre (CON'T): ....but people say, "We want to help the City look better."
So they will take a portion of what they know the increase value of their land
is by going from R-3 to R-5, and they will say, "I would like to donate 100
olive trees for the neighborhood to be planters," you know, something like that.
It usually works out very nicely.
Ms. Morano: Do we donate this to the City? Is that what you are recommending?
Mayor Ferre: I cannot recommend it to you. I am just telling you what others
have done in the past. I can't tell you what to do. It has to be purely
voluntary on your part. But since you are going to be making....
Mr. Plummer: It is amazing that all of the people in the past who offered
such got their approval! I am sure that it is a coincidence.
Mayor Ferre: I don't know what kind of trees. Just don't make them Palm
Trees.
Ms. Morano: We will volunteer then for trees and shrubbery on 17th Street.
Mr. Plummer: Mr. Mayor, I'm sure glad that lady has agreed to help the
neighborhood and I would like to offer that....
Unidentified Speaker: All these taxes that go into the City's pocket!
Mr. Plummer: ....item 5 be approved as read.
Mr. Dawkins: I second.
Mayor Ferre: With a stipulation that we are going to get some ... how many
trees, Howard?
Mr. Plummer: I thought it was 100.
Mr. Gary: She conveyed to me and volunteered to sit down with us in terms
of how to beautify that area around there. We will sit down with her and
do that.
Mayor Ferre: I will accept your judgement on that. Further discussion?
All right, read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED,
THE COMPRLHENSIVE 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 NORTHWEST 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 IN CONFLICT, AND CONTAINING
A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer, and seconded by Commissioner
Dawkins and passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: 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.
97 JUL 2 91982
52. FIRST READING ORDIDANCE: CHANGE ZONING CLASSIFICATION
3500 N.W. 22 AVEITUE FROM R-3 TO C-4
Mayor Ferre: Then we will go into item number 8. This is an ordinance
on first reading, the McDonald's Corporation request to change the zoning
at 3500 N.W. 22nd Avenue from R-3 to C-4. The Planning Department recom-
mended denial. The Board recommended denial on a 4-3 vote. There was
one objection received in the mail. Eleven replies in favor and one
proponent present at the meeting. Will the Administration describe the
project and the problem. I'Il recognize the applicant.
Mr. Richard Whipple: Mr. Mayor, I think the problem is illustrated in the
projection up above. The Planning Department does recommend denial. We
are opposed to this change, as similar to the previous change, in that we
feel that this change of zoning infringes upon the residential area to
the east, west, and south of the subject property. We feel the change is
in conflict with the City's comprehensive plans and long range land -use
plan. We feel that the change will adversely affect the conditions and
the surrounding area as we are introducing commercial development on to
these residential lots. This change does, in fact constitute a grant
of special priviledge to these property owners which is not being afforded
to other properties existing in the area under similar circumstances,
which we likewise will be apposed to.
We believe there is ample commercial zoning in this community to
accomodate the commercial needs and to service the residents and that
we do not need to utilize a very viable residential areas, residential
resources, if you will, for additional commercial development when in fact,
we have ample commercial zoning and lands available for this commercial
development. As a matter of record, the applicants before you today do
represent the McDonald's Corporation with the idea to the best of our
knowledge to put a McDonald's restaurant. As you see, the site that they
are limiting themselves to at the corner, is sufficiently small that they
need additional land for the operation. But we feel that these additional
lands should be provided in properly zoned areas and perhaps in another
location of the size that would accomodate their needs.
Mr. Mike Caladny: Mr. Mayor, Members of the Council, Mike Caladny, attorney
at law representing the McDonald's Corporation. Mr. Mayor, it is my
understanding that there are certain members of the public present to
speak on this matter and not fully conversant with your procedures, do
you want the applicant to speak first? Or would you like members of the
public to speak first?
Mr. Plummer: No, the applicant always speaks first.
Mr. Caladny: O.K. If it would please the Commission, it is to be noted
that in Mr. Whipple's presentation that the McDonald's Corporation also
owns lots 1 and 2 fronting on N. W. 36th Street. It is the intention of
the applicant to put the restaurant facilities solely on lots 1 and 2•
Initially when I approached your administrative staff, Mr. Perez and his
very cooperative staff to obtain parking only on lots 25, 26 and 27,
which are the yellow lots. Originally we conceived of, instead of an
application for a rezoning, a request for a special exception purely for
parking. I was administratively informed that was not the procedure to
go, that the rezoning was the correct procedure; and we made the application
for the rezoning.
As indicated, our request today before the Planning Commission, is
solely used, the three lots that we request, which are contiguous to the
other two lots that we already own, solely for parking. As indicated,
there were 75 notices sent out to residents. Quite frankly there was
only one objection forwarded back. The effect on the general neighborhood,
quite frankly, I would think would be an enhancement of the neighborhood.
Those two lots, actually those five lots have been vacant lots for as long
as I've lived in Dade County, Florida, which is approximately 30 years.
�9$ JUL 2 91982
Mr. Caladny (CON'T): They have always been vacant. A check of the City
records would indicate, and I could stand corrected, Mr. Perez, that there
has not been a building permit in that circled area except for minor
modifications over $2,000 in the last five years. The applicant desires
to put up what amounts to a half a million dollar land and building
package, which would employ 60 people a year, excuse me, 60 people on
a weekly basis and have a $300,000 a year payroll.
We already, as indicated, own lots 1 and 2, which are properly zoned.
We request, and we do not see and we do not see where the Board felt, that
there is any adverse impact from allowing parking on lots 25, 26, and 27.
We have submitted a site plan with plenty of olive trees and plenty of
other shrubbery. We do not feel that there would be an adverse impact
upon this neighborhood. There is commercial all around it. Right across
the street is a gas station. Diagonally across the street on 36th Street
is a very large used furniture store. There is commercial up and down the
area. We feel this would be an enhancement to the area and would not
adversely affect the residents, who quite frankly have not voiced any
adverse feelings to this project, but in fact 15% of them without solicitation
have favorably written back to the City that they approve the project. So
therefore, in light of the application and the minimum effect by permitting
parking, we request approval.
I would note one other thing. Lots 1 and 2, which are commercially
zoned are 65' by 133'. Under your present zoning codes, I do not know of
any type of commercial project that could conceivably be put on those two
lots at this time. There is no parking available for those two lots
except the lots to the south end, lots 25, 26 and 27. So, whatever
commercial use that would be put to would have to have some parking.
There is no other contiguous parking. Thank you, Mr. Mayor.
Mayor Ferre: Thank you. All right, questions from members of the Commission?
Mr. Plummer: Are there opponents?
Mayor Ferre: I did not see any. Any opponents? You are a proponent, you
are for it. Is there anybody here as an opponent? I asked that before.
Any questions from the Commission?
Mr. Plummer: Yes, let me ask this question. Mr. Whipple,
Mr. Whipple: Yes, sir.
Mr. Plummer: Can't R-3 be conditional use for parking?
Mr. Whipple: Nor for required parking, sir. The zoning ordinance states
that conditional use parking is for excess to relieve conditions to
existing structures or to provide excess parking above and beyond that
required. It has been the City's position that as soon as you use another
lot, let's say, to provide the required parking, that is essence is the
same zoning of the use that you are putting on there.
Mr. Plummer: No, those....
Mr. Whipple: You might note that the preliminary plans that the department
has had a chance to look at, all the parking is going to be on these R-3
lots. There is no parking, so to speak, on the commercial. So, in'
essence, you have one lot that is zoned commercial if it takes that parking
in that building for that use, is tantamount to commercial zoning. The
fact is no, the ordinance does not specifically allow conditional use
lots for required parking.
Mayor Ferre: Further questions? What is the will of the Commission?
Mr. Whipple: The point was made, and rightfully so, there are other uses.
The potential of drive-in facilities, we can't condition the zoning. There
is also the question of trash receptacles and things of that nature.
Mayor Ferre: Are you a pember of the Commission?
Mr. Whipple: I'm sorry, Mr. Mayor.
99 JUL 2 91982
Mayor Ferre: You already made that statement before.
Mr. Plummer: What is your home address?
Mayor Ferre: What is the will of this Commission?
Mr. Perez: What is the zoning of the service station that is across from
this property?
Mr. Whipple: The both sides of 22nd Avenue in this location are R-3,
as indicated on your map on the board.
Mr. Plummer: The filling station, answer his question correctly.
Mr. Whipple: I'm sorry.
Mr. Plummer: The filling station is a non -conforming use. The question he
is asking is really how can a filling station exist on an existing R-3?
The answer to that is. It is a non -conforming use.
Mr. Whipple: That is correct. I thought he was asking what the zoning
was. I'm sorry. It is a legal non -conforming use.
Mayor Ferre: Wait, wait, is there a garage directly across that yellow
lot?
Mr. Perez: No, the green.
Mr. Plummer: The green across the street is an Amoco Service Station.
Mr. Perez: That's right.
Mr. Plummer: That is the non -conforming.
Mayor Ferre: How did they get in there?
Mr. Plummer: They were there before the '61 ordinance.
Mr. Whipple: They have been there prior to '61 to the best of my knowledge.
Mayor Ferre: Oh, I see.
Mr. Plummer: You have filling stations back to back. Well, let me tell you
how I feel. I can't vote for a change of zoning. Because if I do, I give
you carte blanche to do whatever you want with the thing. All right? What
I can feel favorably toward is to give you a conditional use for parking
on lots 27, 26, and 25.
Mayor Ferre: Provided they give us some trees.
Mr. Plummer: Well, that we will talk about later. I don't know, Mr.
Percy, is it within the realm of this Commission today, they have asked
for a change of zoning. We can give less. But can we give them a
conditional use under today's application?
Mr. Terry Percy: I think the conditional use application, Commissioner,
has to go before the Zoning Board prior to the Commission considering it.
Mr. Plummer: O.K., so what Mr. Percy is saying is that I cannot help you
today. I am speaking as one. I cannot vote for a change of zoning.
Mayor Ferre: You can speak for two.
Mr. Plummer: Because tomorrow you can change your mind and sell that as
a commercial lot. So I hannot vote for that. I could vote for conditior►81
use contiguous to the other.properties. But unfortunately, you must have
to go back through the procedure again to accomplish such.
Mr. William Armstrong: Mr. Mayor and Mr. Commissioners, could I say something?
Mayor Ferre: Yes, sir.
100 1 J U L 2 91982
Mr. Armstrong: My name is William Armstrong. The adress is 9250 N.W. 7th
Avenue. I'm Black. I'm the owner of that McDonald's and two other McDonald's.
1 think that if I look in that area, I read in the paper every day that we
are trying to improve the plight of Black people. I'm going to employ 60
people. Presently I employ 120 people. I have over half a million dollar
payroll. I'm going to increase that payroll now by $300,000; close to
$1,000,000. If you go out there and look at that property; now there is
nothing but a vacant lot from the weeds and garbage. I'm going to improve
the City. Treest I'll plant all the trees you want to plant. I do it
right now in my existing McDonald's. I can't see why the Zoning Commission
could be against me. It does not make any sense.
Mr. Plummer: I'll tell you why, sir. I don't want to give you a liberal
education. But I guess I have to. You cannot condition zoning. If we
change that zoning as you request, tomorrow you could say, "Well, I have
changed my mind. I'm going to sell them both as a commercial lot." And
we cannot stop you. We cannot stop you from doing that, sir.
On a conditional use, we can. We retain control. But we cannot
condition zoning. That is why I cannot vote for a change of zoning.
An assesory use to the major...I can entertain that thought.
Mayor Ferre: What the Commissioner is trying to do is try to help you, O.K.?
Mr. Armstrong: I understand.
Mayor Ferre: The fact is, and I have to concur with the statement, we cannot
vote on issues based on economic considerations. We have to vote on these
issues based on zoning and planning considerations. I think that if you
go back before the Zoning Board, I also will make a statement into the
record that I would go along with the conditional use of parking provided
you give some trees like Plummer —those....
Mr. Plummer: Whatever. I can vote for that.
Mayor Ferre: ....to improve and beautify the area. But I think that if
we start rezoning that piece of property and tomorrow you decide to sell
it, that is going to create problems. We want to sympathize with what
you are doing. We want to help you to do it. But it has to be properly
done.
Mr. Manuel Fernandez: Mr. Mayor, may I speak, please?
Mayor Ferre: Sure.
Mr. Fernandez: My name is Manuel Fernandez. I am a real estate representative
for McDonald's Corporation. On April 1st of this year I celebrated my fourth
anniversary with the company. This particular real estate transaction is
one half year older than I have been with the company. Quite frankly, we
have run out of time. We have tried to do this process.
Mayor Ferre: And so therefore, we should vote in improper zoning because
you have run out of time.
Mr. Fernandez: I'm not asking anybody to vote on improper zoning. I am
Just saying that if we can get an extension of time, will we be proceeding
in the proper direction which will hopefully culminate in our successfully
developing?
Mayor Ferre: Sure. I cannot answer that for the Commission or for the
Zoning Board. But I can only tell you how I would vote the way I see it
now. You have now heard from two people. I don't know whether the rest
of this Commission will concur. I concur with Plummer. Now, that is not
a guarantee of any kind. Now all I am telling you is what my opinion is.
If they make their application before the Zoning Board, when can it come
up, Mr. Whipple?
Mr. Whipple: I would like to amplify Mr. Percy's statement. They would
have to go before the Board for the conditional use. They would also have
to seek a variance waiving the required parking on the commercial site
in order that they be just permitted to have parking on the other side....
101 2 9 i98Z
JUL
0
Mayor Ferre: Well, they can do that at the same time, can't they?
Mr. Whipple: And then we also have the potential gambit of not being able
to use any of that residential site for any commercial purpose at all
because you are leaving the zoning R-3.
Unidentified: 1r. Mayor
Mayor Ferre: Hold on.
Mr. Whipple: That is the process that it would take.
Mayor Ferre: Will it solve their problem if this Commission would eventually
concur with the recommendation?
Mr. Whipple: It would solve their problem as long as they understand that
the property cannot be used for any commercial purposes....
Mayor Ferre: That's right.
Mr. Whipple: ....and that they have to go through those two processes.
Mayor Ferre: They say they don't want to use it for commercial purposes.
They want to use it for parking. So, if that is what they say, I take
that as 100% face value and this is the way of solving the problem.
Mr. Whipple: I don't mean to be argumentative, but you've seen this type
of business and I believe there is a serious question about not using it
for commercial purposes.
Mayor Ferre: Well, they are going to put up their commercial structure on
the property that is properly zoned and park in the yellow area. How could
it be used for commercial purposes?
Mr. Whipple: Well, trash receptacles. When you put trash receptacles for
Burger King in the R-3 lot. Is that commercial or is it not commercial?
If the R-3 lot is used for for driveway and stacking in the R-3 portion
for say drive-in facilities in the C-4, is that commercial or is that
residential?
_ Mayor Ferre: Now, if they do apply before the Zoning Board, when will it
come up?
Mr. Whipple: Maybe Mr. Perez (Lugones) could give you a better date on
that.
Mr. Perez-Lugones: Depending on when they have the plans....
Mayor Ferre: Suppose they apply tomorrow?
Mr. Perez-Lugones: Tomorrow? For September 20th.
Mayor Ferre: And it would come before the Commission when?
Mr. Perez-Lugones: It will not. If it is approved by the Zoning Board,
that's it.
Mr. Plummer: If it is approved by them it is finished.
Mayor Ferre: If it is not approved by them, then what happens?
Mr. Plummer: On appeal.
Mr. Perez-Lugones: Then they can appeal.
Mayor Ferre: When?
Mr. Perez-Lugones: To this Commission.
Mayor Ferre: When?
102
JUL 2 919o2
0 0
Mr. Plummer: October.
Mr. Perez-Lugones: Then it would be the fourth Thursday in October.
Mayor Ferre: O.K., there is your answer. All right, sir.
Mr. Mike Colodny: Mr. Mayor, may I just make one comment? Being a slight
student of zoning, I think Mr. Plummer's discertation was right on the point.
I think your interpretation of your ordinances and the laws of this City
of Miami are absolutely correct. But the one thing that I would like to
inform the Council is that is exactly what I tried to do six months ago,
because it was our feeling that the rezoning was improper. Mr. Mayor,
thank you very much. Can this be considered a remand to the Board?
Mayor Ferre: We cannot order the Board what to do.
Mr. Perez-Lugones: No, it is yottr option to come to the Board and present
an application for a variance and a conditional use based on what is
permissible under those conditions.
Mayor Ferre: Where do we leave this legally, so that we do not get into
trouble on this?
Mr. Carollo: Mr. Mayor, if I may for a second. By their having to hand in
another application, they have to pay for another application. Is that
correct?
Mr. Perez-Lugones: That is correct, according to City Code.
Mayor Ferre: Do you want to waive that?
Mr. Carollo: Well, I just think that it is wrong that they people have
come here in good faith. They did not understand what our procedure was
and everything else. And now we are going to charge them again. I think
that in good faith, we should waive it.
Mr. Perez-Lugones: Commissioner, let me explain this. When they came
to us, we explained to them that the way that plans were drawn, the only
way they could have what they wanted was through a rezoning application.
If they wanted to omit the trash areas out of the residential area and
omit their driveways to the drive-in from that portion of the tract, then
we could entertain the variance and the conditional use application, which
they would have to do if they come back. Now, they chose to stick to their
plans and in that case only through a rezoning they could have what they
were seeking. That is why they are in front of you today.
Now, they cannot come back to the Zoning Board, or rather, they cannot
go to the Zoning Board, with the same plans. Those plans need modification.
Mr. Colodny: Mr. Mayor, may I make one inquiry? In light of that comment,
would it at this time on behalf of the applicant an offer to place upon
lots 25, 26, and 27... my eyesight is not good enough to see the numbers
quite clearly... a deed restriction indicating that should said lots not
be owned by the McDonald's Corporation, they will revert to R-3 zoning.
Mayor Ferre: Can we do that?
Mr. Perez-Lugones: That is up to the....
Mr. Percy: It would take an act by the governing body, i.e., the Commission,
to effectively change the zoning.
Mr. Colodny: Without coercion or without any action of the Commission,
we would make such an offer to the Commission.
Mayor Ferre: What you are saying is that we could legally, if we rezone
this property, put a binder on....
Mr. Percy: He could restrict the use, Mr. Mayor, to a more restrictive
use than the zoning allows. But he could not through the recording of
an instrument cause the zoning to change. That is a legislative action.
103 JUL 2 9 1s82
Mayor Ferre: So the answer is no.
Mr. Percy: He could effectively do what he is suggesting, but through
another vehicle.
Mr. Carollo: Why don't you tell us of that vehicle.
Mr. Percy: A covenant, or a deed restriction, as you are suggesting, but
deleting the reference to the automatic reference of the automatic changing
of the zoning, merely restricting the property to whatever is desirable.
Mr. Perez-Lugones: May I make a comment? If the Commission were inclined
to accept that voluntary proffer from the applicant, staff wou-Id-like to see
a buffer strip running along lot 24,so we do not create transitional uses
into the residential area.
Mayor Ferre: You mean lot 25?
Mr. Plummer: 24.
Mayor Ferre: Oh, 24.
Mr. Perez-Lugones: 24.
Mayor Ferre: There would be a buffer strip of how many feet?
Mr. Perez-Lugones: It could be one, two, three... whatever the Commission....
Mayor Ferre: No, it has to be more than one, two, three.
Mr. Perez-Lugones: Well, whatever the Commission...I mean five feet would be....
Mayor Ferre: I would imagine they would have to landscape that.
Mr. Perez-Lugones: That is correct. And they would have to have a six
foot wall at least to buffer the residential from the nonresidential use.
Mayor Ferre: In other words, if they proffer to put up a six foot wall,
give us five feet in addition to the wall (clear for ... and plant trees
as landscaping), and put a conditional use that it could not be used for
anything but parking....
Mr. Perez-Lugones: It would not be a conditional use. If they would limit
the use.
Mayor Ferre: A limited use, a deed restriction.
Mr. Perez-Lugones: Through a deed restriction, that is correct.
Mayor Ferre: A deed restriction.
Mr. Perez-Lugones: Only that....
Mayor Ferre: And also voluntary proffer to beautify the general neighborhood.
Mr. Perez-Lugones: Fine.
Mr. Caladny: Mr. Mayor, the plans that we had submitted show, and we will
bind ourselves to a five foot landscaped strip with trees and folliage
and a six foot concrete wall, parking solely on those lots, and we will
so limit ourselves by adequate deed restriction presented to your City
Attorney for approval.
Mr. Carollo: Based on that I so move.
Mayor Ferre: But wait a minute. Now are you going to volunteer any
improvements in the general area? I'm beating Plummer to the punch.
This is usually his question.
Mr. Caladny: Mr. Mayor and Members of the Council, in addition to being
104 JUL 29 i982
Mr. Caladny (CON'T): ....the sponsors of McDonald's house and liking
hamburgers, Mr. Armstrong would like to in the general area, even off
the site, if the residents would be so inclined contribute necessary
olive trees and foliage. It will be no less than 100 olive trees in
that area.
Mr. Perez-Lugones: May I suggest something?
Mayor Ferre: Yes, sir.
Mr. Perez-Lugones: Could we omit the olive tree reference, trees?
Mayor Ferre: Trees, yes. Let me tell you, the problem with that ... he's
right. Olive trees shed these leaves in them and then they get all of
the neighborhood dirty, so, they like to have trees that give shade, but
please don't put any palm trees, because that is a subterfuge. They
don't give any shade.
Mr. Whipple: Mr. Mayor, as a clarification with the request for the
buffer, may the department suggest that we just not zone the west five
feet of those lots 25, 26 and 27.
Mayor Ferre: Fine, fine.
Mr. Whipple: In addition to the other voluntary procedures.
Mayor Ferre: That is a double safeguard.
Mr. Dawkins: So move with those propositions.
Mayor Ferre: No, Carollo moved it. And you want to second it?
Mr. Dawkins: Second it.
Mayor Ferre: Further discussion?
Mr. Earl C. Kent: Mr. Mayor
Mayor Ferre: Sir, we are going to vote for it. You are going to be very
happy in a moment.
Mr. Kent: May I speak something on this before you vote or do anything
else. I have spent the entire day down here....
Mayor Ferre: Yes, sir.
Mr. Earl Kent . ....listening to this rubble, you might say. My name
is Earl C. Kent. I live at 2250 N.W. 35 Street, within 200 feet of where
this is being done. I have lived there for 42 years. That corner has
never been cleaned up. The grass grows over the sidewalk. To walk on
22nd Avenue, you have to walk in the street. Every week, every two weeks
there is a complete garbage truck covered with trash from that corner
on 35th Street. I just heard the Planning man say something about
receptacles. The street is a garbage dump. It has been for forty years.
This would be a asset to the neighborhood. Everybody on this street is
in favor of it.
Mayor Ferre: Thank you, sir.
Mr. Plummer: The applicant understands that they are volunteering the
100 trees to the City to be used in the neighborhood, and it is not to
be included in what you will have to provide as on -site landscaping.
Mr. Caladny: I understand that, Commissioner. Wherever you choose to
put them, we will put them.
Mayor Ferre: All right, any other questions?
Mr. Whipple: The Administration would request that you consider ten feet
as a deletion part.
105
JUL 29 1982
1
Mayor Ferre: Do you have any problems with 10 feet?
Mr. Armstrong: I think there is a ....
Mayor Ferre: The problem is you start eating into the....
Mr. Armstrong: I think there is....
Unidentified Speaker: I think that five feet is all there is.
Mayor Ferre: See, then you are going to cut into the parking. Hey, look,
if they put up a wall. It's the wall plus five feet. Do you understand?
It is not five feet including the wall. It is a concrete block wall six
feet high. Beyond the edge of the wall, inside your property five feet.
Mr. Armstrong: Five feet of landscaping.
Mayor Ferre: And that is landscaped.
Mr. Armstrong: Correct.
Mr. Plummer: And it is further understood that this motion is subject to
a covenant agreeable to the City Attorney.
Mr. Armstrong: Yes, sir.
Mayor Ferre: Further discussion? 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 LOTS 25, 26 AND
27, BLOCK 1; HOLLEMAN MANOR (10-30) SUBDIVISION, BEING
APPROXIMATELY 3500 NORTHWEST 22ND AVENUE, FROM R-3 (LOW
DENSITY MULTIPLE DWELLING) TO C-4 (GENERAL COMMERCIAL);
AND BY MAKING ALL THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871,
BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2,
THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Carollo, and seconded by Commissioner
Dawkins and passed on its first reading by title by the following vote:
AYES: -i•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:
* Mr. Plummer: Subject to the conditions therein stipulated and volunteered
by the applicant, I vote yes.
Mayor Ferre: I vote yes. Rose Gordon, I might say to you that what
Napoleon's mother used to say: "The more things change, the more they
are the same." So here we are back, same City Commission, different
faces, we are going through the same thing over and over again.
1 JUG. 2 9 1982
53. DFALAL OF REQUEST FOR CHANGE OF ZONING:
3167-3173-3193 S.W. 27 AVENUE
FROM R-4 TO R-C
Mayor Ferre: We are now on item 6, which is what Mrs. Gordon and others
have been waiting on. There was a request that we have a full Commission.
The full Commission is here now. We are on item 6.
Mrs. Norma Post: Would you forgive me one more moment. This is such a
crucial matter. I'm expecting former Senator Don Gruber. He will be here
probably within 15 minutes.
Mayor Ferre: I think it is really unfair now to put this off any further.
We will be here, I'm sure, 15 minutes talking about it. If he is here in
15 minutes, I promise you I will recognize former Senator Gruber to talk.
Mrs. Post: He lives on that property.
Mayor Ferre: I understand.
Mrs. Post: This is a crucial matter that is going to affect the future of
the north Grove.
Mayor Ferre: I understand. I will recognize Senator Gruber if and when he
shows up. All right now, let us get the Administration's position. Then
we will get the applicant. Then we will get the opponents. Go ahead.
Mr. Jack Luft: My name is Lack Luft. I am with the City's Planning Department.
For the record, the Planning Department recommends denial. The request of
change of zoning represents a serious intrusion into a moderate density
apartment area. The office use proposed is contrary to the Coconut Grove
Master Plan and the City of Miami Comprehensive Neighborhood Plan. It
constitutes a precedent that would threaten similar zoning actions thoughout
the R-4 area.
What I would like to do is pause a moment, go back through this issue.
It is a very important issue. We are talking about a gas station on the
corner of Tigertail and 27th. It is on the north side of Tigertail. That
gas station is currently zoned R-4. I point out to you that the R-4 area is
everything colored brown here, except for two buildings up here on Dixie
Highway. That is the only multi -family, residential apartment district
left in Coconut Grove. There are approximately 475 existing rental apartment
units in that district today. There are almost 1,000 people that live there.
The proponents of this zoning change will tell you shortly that they are
offering a new office building, an attractive office building, well land-
scaped that will replace a gas station that is an eye -sore. I am not going
to debate that point. I will further concede that the gentlemen's, the
developers here, I believe to be honorable people. They have offered
covenants. I believe they intend to do what they say. They have every
intention of building an attractive building that would on its own be a net
positive addition to this community. That is not the disputed fact here.
The point that we have to recognize is that zoning is done by district,
not by lot, as we saw on the last item. There isn't a person on either side
of this issue that would deny that a zoning change on the north side of
Tigertail would constitute a precedent that whether this Commission wanted
to or not, legally would be open to challenge in a court of law to extend
that zoning to the north, to the west, and to the east. In effect, this
zoning change that we are looking at here is a threat to the only moderate
cost, affordable, rental housing we have left in this particular part of Miami.
Coconut Grove is fast becoming a community for the very rich or the very
poor. We talk a lot of the new office buildings that are coming up on
Bayshore and the people that are going to work there. We know that many
of those people, in fact most of them, are not going to be able to afford
to live in Coconut Grove. The clerical workers, the secretaries, the
pare -professionals, these are the people that currently live in these
apartment buildings here,'This is the kind of situation in City Planning
that we strive to achieve all the time This is what you call a balanced
community where the chemistry works. This Commission wants affordable housing
in all of its neighborhoods. It has passed a bond issue and it is.......
107
JUL 291982
Mr. Luft: (Cont'd) ...is prepared to pay a great deal of money to subsidize
affordable housing in neighborhoods throughout the City. I'm saying to you
that we have affordable housing in Coconut Grove as well situated as you could
ever ask for it right in the heart of the community. This zoning change in
five to ten years will, in my opinion, lead to the loss of that housing. I
can say that because here is the R-C zoning on Bayshore Drive, if you were
here ten years ago you would know that R-C zoning on Bayshore Drive in 1970
was primarily apartment buildings. we had the Jamestown, we had the Bayshore
Apartments, the Waverly, Summer Hill, right up and down the line. They are
almost all gone now, those that remain are slated for removal, they are under
speculation for redevelopment primarily to office. So, that's Okay, that was
the policy - office on Bayshore. That's to be accepted. But we've lost our
apartments on Bayshore because that R-C zoning will force out apartments.
when you can double the rent on your floor space by converting from apartments
to office, you will do it. What I'm saying to you, Mr. Mayor and members of
the Commission, is that this Department is vitally concerned that despite the
fact we may replace a not -so -attractive gas station with a very attractive
office, despite that the larger issue is the protection of the balance of
this community, the housing resources we have and the mix of people that
exist here that make this community what it is today. There will be sugges-
tions that you can't afford to build apartments in this area, I can say to
you that this morning at a presentation to the Downtown Roundtable I was
approached by a developer who is filing for a building permit tomorrow for
six more units within a few hundred feet of this corner. It is economical
to build residential in this area and it -is being built and there are units
being finished today. If we hold the line on the north side of Tigertail
in this area, we will finish building out our apartment district and we
will protect that housing but only if we protect against the intrusion of
office uses and hold the line on the zoning. There is one other point.
If you look carefully at that corner, I'll agree it is not a very pretty
corner but a big part of the problem on that corner is the overgrowth of
weeds, the holes along the street, the standing water and the dirt and that
is in,the public right-of-way. That happens to be a county -designated
arterial, 27th Avenue, and it is slated for County improvement. If this
City gets behind the County and pushes a little bit I'm confident the County
to connect its transit station to Dinner Key will improve 27th Avenue and
if you think for a moment with an improved 27th Avenue with a grass median
on the side with new landscaping as we've got on Bayshore that's going to
be a very different corner and, in fact, it is not going to be as ugly as
it is today. The zoning change that we're talking about here is not nec-
essary to upgrade the quality of that area and we're doing just fine so
on that basis the Department is recommending denial, I thank you for your
attention.
Mr. Carollo: Jack, I'm just curious, what part of the Grove do you live
in?
Mr. Luft: I live on Tigertail just off of this map up here, in the North
Grove area in the R-1 area, about a mile and a half away.
Mr. Carollo: Thank you.
Mayor Ferre: All right, the proponents. Would you keep time on the time
slotted on the proponents?
Mr. Joseph Reisman: Mr. Mayor, my name is Joseph Reisman, I'm a member of
the law firm of Rosenberg, Reisman and Glass, we're representing the pro-
ponents and, in fact, are the proponents. We have this property under con-
tract for purchase with a proposal of building an office building on the
property of moderate scale for our own use. I have prepared a set of docu-
ments in a file for each of you because I believe it will be helpful in
following my presentation if you have it. May I present that to the Com-
mission? My assistant will deliver it to you. In the package you will
find photographs of the area we're talking about, a map which shows the
area designating the site and a designation in green of those properties
on which property owners have signed consents and I also have in the pack-
age a set of the consents which have been filed which have been signed by
82 people in our notice area. The black ring you will see on the map will
indicate to you the notice area which we were required to give notice of
our zoning application in. I might say that I do appreciate the kind
words which Mr. Luft addressed to us, our law firm has been in this town
for 50 years. I am a native Miamian myself and we are certainly sensitive
to the area. We are sensitive to Coconut Grove. Our interests are the
same as everyone else's, we want to see a community we can all be proud
108 J U L 2 ° 1982
i a
of, a community in which all interests are served. We selected this site
because, in fact, it is a filling station, it has never been anything but
a commercial use. Prior to the time that it was a filling station, it was
the Night Owl Diner. I remember that as a very young man myself. This
property has never been occupied by a residence in its entire history.
What we propose to do is to build an office building of a moderate scale
which you see here, rising only 3 stories to a height of no more than
approximately 40 feet, providing approximately 30,000 square feet of space
with 120 car spaces for parking, all concealed, none of them visible from
the street. We have set back our building from Tigertail so that there
are no entrances or exists on Tigertail and we have provided essentially
a public area as designed by our architect with out thought that we would
like to grace Tigertail which has so long been cursed, if I may say, by
a filling station and prior to that a diner. My thoughts in the matter
were presented to the Zoning Board and to the neighbors in our neighbor-
hood, we have met with all the groups that would meet with us, the con-
dominium associations and I might even say that the condominium assoc-
iation directly behind us, the Scooner Bay, you will find that in a list
of signatures you have there, resident owners in there have consented to
our proposal and approve of it. As Mr. Luft said, we offered covenants,
I was told by staff of the City and the Planning Department that covenants
were not acceptable, therefore, I am here asking for R-C zoning. I was
told that the covenants would not be legally enforced. We have no problem
with offering covenants if that is what is wished. I think, gentleman,
if I may address myself to the comments which Mr. Luft made with regard to the zoning
that the alternatives to the proposal which we submit to you are the
following: There will be a continued service station use on that site
until the Metrorail Station is built, at which time the presently very
heavy traffic on 27th Avenue is going to be compounded and at which time
the Zoning that we seek, R-C may well appear to be mild zoning particular-
ly in view of the fact that the property immediately south of us acl05s_
the street from us is now zoned R-C, where a high-rise office building
is going up, the R-4 designation that you see on that map is no longer
effective. There is a 100 foot setback from Tigertail at the corner but
that is now the site of part of a parcel on which a large office building
is going to be erected. Likewise, the hotel which is in the near area
is the same situation. Our proposal is moderate. I believe that, in fact,
it will protect the area on 27th Avenue from further more intensive en-
croachment in the future. The reason that I say that is that the develop-
ment which is occurring immediately south of us is much more intense. If
our building is permitted to be built there on the site that you see where
the filling station is now, we remove an eyesore and we provide a structure
of moderate scale which will grace the corner as well as we can do it. I
suggest that the neighbors do not agree with the, many of the neighbors
at least, do not agree with the position taken by the Planning Department.
You have the signatures of 82 people on those petitions before you and
letters in that file from people who are in the immediate area. As I
pointed out, if you look at our block, the people on our block, immediately
north of us, immediately west of us, have agreed and consented to our
proposal. I can only say that 27th Avenue is going to be, as it is now,
for the forseeable future, an intensely used street. It is not appropriate
really for residential development. If you look at 27th Avenue from the
bay, Bayshore Drive, it's entire length to the north City limits of the
City of Miami, it is a commercial and office building street. What we
propose here is no change. If you go a block and a half, two blocks north
of us on the west side of the street there is commercial zoning. There
is am Amoco station, a grocery store, there is nothing new in what we
propose, as a matter of fact, our proposal is a moderation of what is
presently there. I suggest that we have attempted to create a limited
and moderate use of this site for purposes which would be in keeping with
other developments in the area and I suggest that the zoning which we
seek ought to be granted. Are there any questions? I'd be happy to answer
them and there are other proponents who would like to address the Commis-
sion.
Mayor Ferre: All right, questions of the proponent? Counselor, unless
you have people that are going to say something that is substantially
different than what you said, I would ask out of courtesy to the Commis-
sion that you limit the presentation of proponents to just one or two
that would say a brief word of encouragement, how excited they are about
your proposal and all that kind of stuff and that we get on with it.
Mr. Reisman: Yes, indeed, I certainly shall. I would like to ask Mrs.
Stein to make a comment. 109
JUL 29 1982
Mayor Ferre: All right, Mrs. Stein, I hope you don't have a long written
statement, Mrs. Stein. Why don't you tell us briefly and then we'll sub-
mit your statement into the record.
Mrs. Frances M. Stein: Honorable Mayor Ferre and Commissioners, I live
at 3167 S. W. 27th Avenue and I have lived there since 1952. When I first
moved there the atmosphere was pleasant, it was very nice. But in the
past years, you know, it has changed very much and I'm getting ready to
retire and I do not want to retire there and I would like to sell if I
could and relocate somewhere else because I don't think it is safe for a
single woman to live in that area anymore and so I think the other people
around there would feel the same way. All right, thank you.
Mayor Ferre: Thank you, Mrs. Stein.
Mr. Plummer: Is she for it or against it?
Mayor Ferre: Well, she obviously if she wants to sell her property, if
a nice building is put up close by then the values go up and she can sell
easier than otherwise so she's for it.
Mr. Reisman: Mr. Mayor, if I may, unless there are some other proponents...
Mayor Ferre: Any other proponents that wish to be heard?
Mr. Douglas Erickson: Mr. Mayor and Commissioners, my name is Douglas
Erickson, I live at 40 Morningside Drive. Just a few words concerning
the petition that I circulated. Of the people that signed, all of them
were very concerned about a high rise building going on that site. I
realize that there is a height restriction of four stories there, but as
the Tigertail Bay Condominium is also zoned the same way and it also has
the four story height restriction but yet it is the equivalent of seven
stories. The people that signed the petition would very much like to see
a three story building in place of the service station and in lieu of a
potentially higher building. The owners in the Scooner Port Condominium,
as Mr. Reisman mentioned, are the ones that it is really going to affect
and they are very much in favor of having a three story building versus
anything higher than that. They agree that the area is declining and
something is needed to bring the area back up and they feel that with the
proper landscaping that Mr. Reisman would accomplish that the area would
be greatly enhanced with what he has shown before you in his site plan.
Mayor Ferre: All right, does that conclude the testimoney? We have one
more speaker.
Mr. Reisman: Yes, Mr. Mayor, unless you have some questions, we have our
consulting architect here who is prepared to answer.
Mayor Ferre: I'm sure we'll come back to him. I think there is one more
member that wishes to speak.
Mr. David Welsch: Thank you, my name is David Welsch, I have a property
on the corner directly north. I too lived there for 10 years and I moved
away in 1980, I still own the property. I agree with Mrs. Stein, it is a
declining area. My primary motive for reasoning was the safety of my family.
The area is in decline, there is no doubt about it. I have no financial
reasoning for this in this situation like she does, but my reason for being
behind this property, this project, is that it is very compatible with the
Grove. I feel the zoning eventually will take place, not with this Commis-
sion, another Commission and this property would enhance the Grove and that
is my reasoning for having strong feelings about it and I would hope that
you would concur. Thank you.
Mayor Ferre: Just out of curiosity, where did you move to?
Mr. Welsch: Miami Beach.
Mayor Ferre: Do you feel safer there?
Mr. Welsch: I have always loved the Grove, and if I could find a home in
another area I would consider it strongly.
Mayor Ferre: All right, thank you, sir.
Mr. Welsch: You're quite welcome. 110 JUL 2 91982
Mayor Ferre: Now, the opponents, would you raise your hands, those of you
that wish to be heard as opponents? Seven speakers. How much did the pro-
ponents take?
Ms. Hirai: Twelve minutes, Mr. Mayor.
Mayor Ferre: All right, it is kind of hard to restrict people really, seven
people to twelve minutes so let's make it three minutes apiece which would
give you 21 minutes and you can distribute that time any way. Rose, can I
appoint you as kind of the coordinator of this whole process and would you,
I'll let you decide who speaks first. Okay, if you want to make a statement,
and the others of you that wish to speak as opponents, would you please come
up and give your name to the Clerk and then Mrs. Gordon is recognized.
Marilyn, do you want to speak first?
Ms. Marilyn Reed: Yes, please, about one minute.
Mayor Ferre: Marilyn Reed, and all of you who wish to speak now, you coordin-
ate with Mrs. Gordon here and write your name. All right, Marilyn Reed is
recognized, did she leave? Go ahead.
Ms. Marilyn Reed: Marilyn Reed, I reside at 3183 Mc Donald which is just
about 4 blocks behind this project and I'm involved with the homeowners and
the Central Grove Group. I would support the Planning Department's recommenda-
tion of denial. I am also on the Board of the Civic Club and they will give
you a statement in a moment and, of course, I support their statement. There
is something I would like to bring out to you. We met the other night down
:sere with Jack Luft in the beginning process to update our Comprehensive Master
Plan. Something came out there that disturbed me greatly. we are losing
all of our services in the Grove as a result of in come cases speculation,
in some cases changes and what I see us losing are all of our service stations,
our filling stations. I was told this one would go if you should approve it
the Gulf Station at 27th and Dixie, the Sunoco and there is supposed to be
some speculation going on at the Amoco. You are removing the services for
the residents of this neighborhood. Now we call that to your attention and
ask you when you make decisions that you consider that we do have to have a
certain amount of services, they simply can't all be removed and if you should
deny this zoning here tonight I would be glad to take it on my street and
McDonald, I'm on a section line and we're having problems over there and we
could use the zoning over there instead of over here. Thank you.
Mayor Ferre: All right, Mrs. Gordon.
Mrs. Rose Gordon: Mr. Mayor and Commissioners, first of all, I didn't really
organize this thing, Maurice, I came here totally on my own because you said
before, and it struck me as being so true, you said the more things change
the more they remain the same and it is absolutely true. I want to take a
minute of my three minutes to give you a little historical background because
in 1964 the then Commissioners and Mayor appointed me to the Zoning and Plann-
ing Board which was one board and the very first application, I represented
Coconut Grove on that Board, they had district board members, was the corner
that you see outlined there in red, that triangular piece of property, the
application was for commercial zoning. The zoning was never granted because
it would have it that time been an influence for further change and we on the
Zoning Board and then the Commission upheld that concept and they felt that
the residential character of the Grove had to be retained in that area and
it was retained. The argument by the proponents at that time was there is
a service station on the other corner so, therefore, we should have commerc-
ial zoning over here but it was noted to us then, and it's true today, that
that is there on a grandfather zoning, it is only there as long as it is a
service station and then it would be reverted again to the R-4 that it is
properly zoned at. I sincerely urge you to uphold the Master Plan in the
Grove, you've done a good job, although I don't get here very often, I do
read the minutes of the meetings and I do know that you do try very hard to
uphold the zoning of the Master Plan in the Grove and very infrequently
deviate from it. There have been some variances on occasion but they were
justified in my opinion. In this case, I say this application is not justi-
fied, it has no reason for being.granted, it will be an intrusion that will
be spreading like a cancer up and down east and west. The south side of
Tigertail, the side between Bayshore and Tigertail, it is unique, it is
buffered by Tigertail from the north side and it does not, the change
that you granted with the setback that you required will not infringe upon
1if JUL 2 9 1982
0
•
residential development but this, if you grant it, will be very bad. So
I would like to call on the other people who have asked to speak and I would
like to ask Senator Don Gruber if he would like to speak now.
Senator Don Gruber: Thank you Mayor and thank you, Commissioner Gordon.
Commissioners, nice to see you all again. Rose is a hard act to follow, a
very eloquent speech, she gave the important points. I would like to add
that I live in that little red circle there, the "X", that's the Tigertail
Bay Condominiums, there are 60 condos in there, it is a quiet residential
building with young and middle aged people like me, professionals I should
say, and maybe I'm the senior citizen in that building. They are tuned into
the community, in fact, we even have some of the media that live in the build-
ing, I hope she writes an unprejudiced story. One thing that I am very con-
cerned about, and it has been used so often in zoning before Commissioners
like yourselves, is that a developer comes in and says, "Look, I could build
this terrible ugly building here but if you let me change zoning and I'll
build this beautiful little one over here." Now, I've heard that for years
in the Grove and all over Dade County and it is not true, they don't go out
and build ugly buildings. I remember - I don't want to remember all those
cases that they said they were going to build an ugly building if you people
didn't give them permission, but they didn't build ugly buildings. It is a
residential neighborhood, I think the line, I'm going to be looking out my
sindow there from Tigertail and looking at a 15 story building in the next
few years. I think that is where the commercial property belongs down there,
we've already given it to that, I don't think we should break the Master
Plan on this. I'm currently filling out 20 or 25 questionnaires to the var--
ious interested people around the State that are interested in my candidacy
and the question that frequently comes up is a question about master plans
and what should the state do about keeping communities from going to spot
zoning and I would like to say that the Commissioners have the common sense
and judgement to hold the line and I hope that applies today. Thank you
very much for your kind attention.
Mayor Ferre: And Don, I sorry I didn't mention it, I understand you're running
for public office again, are you?
Senator Gruber: (INAUDIBLE RESPONSE, SPEAKING FROM AUDIENCE WITHOUT MICROPHONE).
Mayor Ferre: Okay, I think that is important to mention. House of Representa-
tives, 114. Good luck to you.
Ms. Norma Post: Norma Post, 2061 Tigertail Avenue. We had expected this
hearing to be much earlier, if we had have known it was going to be later
there would have been many more people here, especially those people that
live in the apartments. I would like to read first the letter from the
President of the Tigertail Association. Gentlemen, the Tigertail Assoc-
iation is opposed to the change in zoning at the above mentioned property
from R-4 to R-C and feels that this would set a precedent in the area which
would be detrimental to the surrounding neighborhood. We had submitted to
the Zoning Board a petition of I believe it was 34 names, that petition,
we haven't had as much time as Mr. Erickson because all of us work on other
things. However, I have spoken to many people in those apartments that are
not here at the present time, I spoke to one lady who lives in Peru and she
was horrified when she thought of this change because she said, "Then we
will no longer be able to live here because if it is a business then it is
going to be a different rental." So I am afraid that a lot of the people
that possibly who have signed those other petitions have not realized that
the Zoning could be changed in those apartments and they may not be able to
afford to live there either from point of view of rental or point of view
of increased taxation. We in the Tigertail Association, I live down off
22nd Avenue which is a little distance from this, but we feel that the North
Grove is a very small area and it takes very little to destroy it so that
your decision today here is a very crucial one which we feel is going to
affect the entire Grove. if this is changed I can only agree with what Mr.
Luft has said and the others before me, but we are very worried. My family
have never been one of the rich and we are rapidly becoming one of the
poor with the taxes here but we still would like to, as much as we have to
deprive ourselves of many of the things we'd like to have, we still enjoy
this area. And may I mention also it is a tourist attraction.
Mayor Ferre: Excuse me, Mrs. Post. I'd like to ask the people in the back
of the room who are talking, you are interrupting the proceedings here, if
you want to talk would you please go outside, otherwise sit down and please
don't continue to talk, it is hard to hear. Excuse me.
IAf% JUL 291982
(Cont'd)
Mrs. Post: I'd also like to mention that you don't realize how many
tourists come to Coconut Grove to see this unique area. I think it is
a very important area to Miami because it makes it different than New
York City which we are rapidly having in the main part of Miami and
there are people here coming to take pictures of my home which has a lot
of statuary which was made by the former owner of that home, an artist,
and I think you're going to destroy this area if this granted. I
please ask that this be denied and I know that there would have been
many more people here to agree with me if they had known. Thank you.
Ms. Patricia Kimball: Pat Kimball, I'm Patricia Kimball and I live at
2501 Swanson and I have lived there for 20 years. I'd like to appeal to
you, don't be like the little boy with your finger in the dike, don't pull
out your finger because this is a key piece of zoning in our area. We love
trees and we love our property and we don't intend to move. The people
that are here as proponents of this change are people that are planning
to move or sell their property and I don't want to move, it has taken me
20 years to grow my bromeliads and I want another 40 years there to enjoy
them. When you increase your population, it is like the studies with
rats we begin to turn on each other and we begin to have problems and the
people that are moving are moving because our density has increased very
rapidly in our area. And I think if you will remember that there are a
lot of us that want to maintain homes and keep this property beautiful,
have trees and have a lovely area, then you will not change the zoning.
Thank you.
Mrs. Gordon: Mr. Colgan Norman of Coconut Grove Civic Club.
Mr. Colgan Norman: Colgan Norman, 3740 Solana Road in the Grove. Mr. Mayor
and Commissioners, earlier, Mr. Dawkins referred to opening the flood gates,
bur since this is bordering on Tigertail, it seems more like you might be
opening the cage and I'm afraid it will be more than just a wildcat that
comes out. I think that whatever comes out is going to grow and grow and
gobble up Tigertail and a lot of the other area around there, so I hope
that if you do approve this motion, that you'll have somebody with a gun
and a whip standing by to control this beast. Thank you.
Mrs. Gordon: The last speaker we have is Ms. Grace Carter.
Ms. Grace Carter: Mr. Mayor and members of the Commission, rather than take
a lot of time, and I know it is very late, I would just like to read a list
of names, people that were here this morning to address this issue and that
were here to oppose it, but unfortunately, could not come back this after-
noon. The Pendletons... Oh, excuse me, my name is Grace Carter, 2528 Abaco
Avenue. The Pendletons, both of them, 2631 Abaco; Dr. and Mrs. Marmesh,
2539 Inagua; Bruce and Janice Russell, 2519 Abaco; Danille Brown, 2512 Abaco;
The Lords, Charles and Vera Lord, 2520 Inagua - all of these people agree
with Mr. Luft's position that we have got to put a stop somewhere. The
Potts, 2519 Abaco - all of these people just believe that we have got to
say- Look, this is a residential area. It is wonderful. We love it. We
have lived there for years. I have been there myself 45 years. I was born
in the house I am living in right now. I don't want to leave. I don't want
to be pushed out by rezoning, by Metrorail or anything else and we are paying
pretty high taxes for the privilege of living in this nice secluded little
area. We are willing to pay them, but we want to keep what we have got.
Thank you.
Mayor Ferre: Are there any other speakers on the opponent's side? All right,
sir?
Mr. Ed Boen: Thank you. My name is Ed Boen. I live at 4195 Braganza Avenue,
that is in South Grove. First, I was dismayed when I came to the Zoning
Board meeting, that I recognized no one from the Coconut Grove area who was
on the Zoning Board who lives in this area, which is probably the most hea-
vily taxed area in the Dade County, or in the City of Miami. If this is a
question of need, there is a tremendous excess of commercial property. I
am a real estate broker in the Grove. I did a quick calculation. I found
about 200,000 square feet already constructed, unoccupied commercial property
in Coconut Grove, approximately 300,000 to 400,000 approved or zoned for
ld
113
JUL 2 91982
commercial property. We have a very nice residential atmosphere and that is
what continues to sell in Coconut Grove. I think we have Brickell Metrorail
areas near 27th Avenue and we also have Coral Gables which is rapidly com-
mercializing in their downtown that we can let build the big buildings. The
value of this land will adjust itself and I believe will be moderate in its
housing structure. If you grant this zoning change against the advice of
your paid professionals, I really feel that we are going to start a domino
effect in this area. I think a lot of the people who signed for this when
they saw the sketch were a little bit fooled by the slight -of -hand. I certain-
ly would ask you to vote against this. Thank you.
Mayor Ferre: All right, do the proponents want a brief time of rebuttal?
What was the time allotted them. I mean. expired so far?
Ms. Hirai: 13.5 so far. Mr. Mavor.
Mavor Ferre: So we are not that far off. Okay.
Mr. Reeseman: It will take me ... I will be very brief.
Mavor Ferre: I thank You for vour brevity, by the way and I am very grateful.
Mr. Reeseman: Mr. Mayor, I do hope that the last speaker did not imply any-
thing by use of the term "slight -of -hand". There was nothing but direct and
candid approach to ever person that we spoke to. The eighty-two signatures
that you see before You in the people in the area noticed, in ringed area
that you see, are all people who were personally contacted, who were spoken
to, their questions were answered and who signed willingly and with the idea
that this would be an improvement in the area in which they live. I dare say
that most of the people that have addressed you tonight are not people who
live within the area of the circle. As a matter of fact, in Mr. Gruber's
condominium, you will find twenty-one signatures approving our proposal. As
far as this property being built for affordable housing, obviously it is
difficult to argue the future, but I suggest that if it is expected that
housing can be constructed in this area within the range of what you would
call affordable. moderate housing. that is a forlorn hope. In fact, 27th
Avenue is what it is. We are not addressing, really, Tigertail at all. The
property next to ours immediately to the northeast on Tigertail is already
improved. There will be no change there. Those people have agreed with us,
and they are residents on the property in Schooner Bay Condominium. It is
27th Avenue that we are addressing, Mr. Mayor and Mr. Commissioner, and 27th
Avenue is what it is. We are not intruding in the neighborhood. You have a
filling station there! We are not asking you to permit us to bring a commer-
cial use in. We are a moderate office building. The zoning which we are
asking for would not permit the sale of merchandise on the premises. It would
not permit the operation of a drive-in bank facility. It provides nothing but
a moderate scale office building which is in keeping with the Grove and which
we have tried very hard to design to satisfy the character and the atmosphere
of the Grove. We in good conscience come and say that we want to remove a
filling station and replace it with a moderate scale office building. Under
R-4 zoning, there could be built on this site by developers, of which I am
not a developer, a much more intensive development and I say to you that we
are not developers, we are users. We are purchasing this property for our
personal use and for the use of perhaps another law firm with whom we would
seek ultimately to either lease or joint venture this property. We have noth-
ing to offer excpet our good intentions and the fact of the pictures that you
have seen to refer to this as an intrusion when in fact we want to remove what
is now an intrusion in that neighborhood, a station that delivers thirty-five
thousand gallons of gasoline a month, is what the operation there is, and
that is an intense commercial use in that neighborhood presently. Thank you.
Mayor Ferre: All right sir. Any other statements? If not, members of the
Commissions - questions? Mr. Plummer? No questions? Anybody else? All
right, then we are ready to come to a vote on this? Let's see if we can get
Carollo back in here. Tell him we are about to vote on this item.
Mr. Dawkins: While Mr. Carollo is coming, I would like to refer back to Item
Number 5 which I read before. I will read it again. "The proposed change
will not constitute a grant of special privilege, since other property owners
adjacent to the property have had the change take place, nor would this be
contrary to the land use". So, therefore, I am just saying to you that, if
we ... I feel, in my opinion, that if we were to grant this variance, we would
open the flood gates, and therefore I am prepared to vote against it.
ld 114 JUL 2 91982
Mayor Ferre: Okay. All right, we now have a full Commission and everybody
has made their statements. Are there any other questions of the Administra-
tion? If not, the Chair is open for a statement or a motion.
Mr. Carollo: Mr. Mayor, I make a motion that we follow the Planning Depart-
ment's recommendations.
Mayor Ferre: The motion is that we follow....
Mr. Plummer: The Department or the Board?
Mayor Ferre:.... the Planning Department's recommendations, in other words,
for denial.
Mr. Carollo: That is correct.
Mr. Dawkins: Second.
Mayor Ferre: It has been seconded by Commissioner Dawkins. All right, fur-
ther discussion? Call the roll.
The following motion was introduced by Vice -Mayor Carollo, who moved its
adoption.
MOTION NO. 82-751
A MOTION OF THE CITY COMMISSION UPHOLDING THE PLANNING
DEPARTMENT'S RECOMMENDATION FOR DENIAL OF APPLICATION
MADE BY FRANCES M. STEIN AND CCG INVESTMENT CORPORATION
IN CONNECTION WITH A CHANGE OF ZONING AT APPROXIMATELY
3167-3173-3193 S. W. 27TH AVENUE FROM R-4 to R-C.
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.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
ON ROLL CALL:
Mayor Ferre: I vote "yes", so as the residents can tell, the application
has been denied. To the applicants - it was a unanimous vote. I want to
express that I think it is an extremely beautiful building and I wish it
were somewhere else where it was properly zoned. I hope you are not dis-
couraged. We would love to have you in the Grove. It is just a beautiful
building - of course it was done by one of the best architects that Miami
has. I am sorry that it wasn't in the proper location.
Mrs. Gordon: I want to congratulate you and the Commission you and the
Commissioners for upholding the decision that you have made. I think that
you have done the City and the Coconut Grove area a great service. Thank
you very much.
Mayor Ferre: I might mention, Rose, because sometimes...and I saw one of the
presidents of one of the associations, and I always get them confused, there
are so many of them, between Tigertail and civic association and this and
that, that you know, sometimes they come here with a predisposed idea of how
the Commissiot. is going to vote, and I know that it sometimes becomes dis-
couraging and you know ... t would address myself in particular to one of the
presidents who seemed rather discouraged... you shouldn't pre -imagine what
this Commission is going to do, and I would hope that today's vote is a state-
ment to that end, okay?
115
J U L 29 1982
0 0
Mr. Reeseman: Mr. Mayor, I simply would like to thank the Mayor and the
Commissioners for the courteous hearing you have given us, and appreciate
your invitation to the Grove. Thank you.
Mayor Ferre: May I say to you, because I think that there may have been some
touchy moments here in the past, not necessarily today, that I for one think
that you and your law firm are amongst the most honorable people in this com-
munity. Your partners are old-time pioneer family, really and....
Mr. Reeseman: So is mine, your Honor.
Mayor Ferre: .... so is yours in Miami and your people are highly regarded in
this community. You are active in all types of civic, religious and community
affairs and there is nothing, no implication of any impropriety, and I certainly
would want to say that we have the highest regard for you.
Mr. Dawkins: And I would like to also commend you for the professionalism
with which you handled it, myself. Thank you.
54. PEF11IT ADDITION TO EXISTING STRUCTURE: 100 S. E. 4 STREET
TO BE:: DALLAS PARK HOTEL.
Mayor Ferre: All right, we are now on Item Number "9".
Mr. Carollo: Whenever the Planning Department is ready, they can begin their
presentation.
Mr. Joe McManus: Members of the Commission, Joe McManus, Acting Director,
City of Miami Planning Department. This item before you is a proposed reno-
vation of the exisiting Bauder Fashion College building located on the north
bank• of the Miami River immediately to the west of the City's new Convention
Center development. This proposed to be renamed the Dallas Park Hotel, and
immediately to the west of this building again, is the site of the City's
proposed Fort Dallas Park. Members of the Commission, this item is before
you only in terms of the Waterfront Charter Amendment. As you recall, that
Charter Amendment requires that all properties are to be set back from the
bay riverfront fifty feet and are to provide a 25% see -through along the
lateral side yards. If the development cannot conform to those requirements,
then the Commission may consider certain deviations and consider proffers by
the developer in terms of public amenities, or public assets, and examples
are given in resolution for the Charter Amendment, certain examples being a
bay walk, river walk, certain public amenities of that kind. Members of the
Commission, we have met with the developers on this. This item has been
through the Zoning Board. Let me quickly trace where we are. The Planning
Department had recommended, and first of all, let me say we had other issues
with this, and two of them have been solved, and this is the final issue.
The Planning Department felt that, owing to the fact that the existing build-
ing and its construction would infringe on the envelope laid out by the Water-
front Charter Amendment, that a return for which the developer should be in a
position of proffering certain public amenities. We, that is the Planning
Department felt that a reasonable proffer might be the construction, of a por-
tion of Fort Dallas Park, not exceed $400,000 in 1982 dollars and further
giving the developer the opportunitv of constructing a portion of the park,
and I might indicate to you construction limit lines. Those construction limit
lines would represent our estimate of this cost and that further, the developer
would participate in any development of drives or parking areas immediately
north of the present park, which may be proposed in the future for construction
by the City. Members of the Commission, in the memo before you, we had cited
certain costs which the City of Miami is currently bearing immediately in
this area. For the one hundred ten feet of lineal feet of river walk construc-
tion immediately in front of Bauder Fashion College, the City is currently
expending some almost $250,000 in improvement. At the Fort Dallas Park, the
City is spending a sum in excess of $750,000 for land acquisition and the river
walk construction, relocation of the Butler Building and the restoration con-
sultant fees. In total, the Bauder Fashion College and Fort Dallas Park, the
:d 116 9 1982
JUL 2
City has, or is currently spending excess of a million dollars. Further for
your information, we have run some estimates of the development immediately
west of Fort Dallas Park over to the Miami Avenue bridge, and we estimate that
the developer in that situation will be faced with substantial costs. We
brought this recommendation before the Zoning Board, and at that point the
developer made a proffer of $200,000 in ten annual payments to be paid to
the City upon completion of the Fort Dallas Park. We said to the Zoning
Board at that point that to complete Fort Dallas Park, we estimate would take
another $750,000 and we needed some money up front to get the park going.
The Zoning Board's recommendation was approval four to three the recommenda-
tion to you, the recommendation being however, that the $200,000 limit be
made up front. That concludes my presentation, members of the Commission.
If there are any questions, I would be happy to respond.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Bernard Jacobson: Mr. Vice -Mayor, Commissioners, I am Bernard Jacobson
of the law firm of Fine, Jacobson, Block, Klein, Colan b Simon, 2401 Douglas
Road, Miami, representing Dallas Park Associates, Limited, which is the pro-
ponent of this request for modification from the Waterfront Charter Amend-
ment. As Mr. McManus has explained, the Waterfront Charter Amendment re-
quired a setback from the river line of fifty feet and side setbacks equal to
25% of the frontage on the river. This circumstance that we are faced with
today, requests what are really minor modifications from those requirements.
The rendering which you have before you sets forth the location of the exist-
ing building and what exactly we want to do. Before we go on to explain
what that is, I would like to explain to you that this is the property that
is the present Bauder Fashion College, which is bounded on the east by the
Convention Center, and as Mr. McManus explained, on the west by Fort Dallas
Park. The Dallas Park Associates, Limited, plans to convert this property
to a first class hotel containing approximately one hundred forty-four units,
most of which will be first class hotel suites. There is a rendering there,
prepared by our architect, Gale Baldwin, depicting what this building will
look like when the renovations have been completed. At the present time
(INAUDIBLE, OFF MIKE) What we are asking for in terms of a modification
is to be able to put a roof over the second story that we are going to build
Presently we could build and we can build a second story above what is existing
here as a first story and we can cover that with a fixed roof up to this line here
at the beginning of this yellow line. However, any type of additional construction
that is enclosed that is within the fifty feet requires the modifications from
the Charter amendment governing the waterfront. The closest point to the waterfront
line is approximately JD feet, but it is important to understand we are not
asking for something that is mammoth or does damage to the spirit and intent
of the waterfront ordinance. We could, but it would not necessarily be the
most desirable plan, build up to this point and cover this area with a canopy
and have an outside terraced waterfront area, but it seems to be much more
feasible to be able to come out here and air condition and have a fixed roof
over this point. That is one of the modifications that we are seeking. The
other one pertains to being able to put an elevator in this area here, in this
pink area. Presently, the building line comes up to here. The black area
depicts where the building line is. We want to be able to come out about nine
feet into this area here, and construct an elevator. The question here is,
whether, either access or open space or a view corridor is being violated. We
contend that there is no issue of violating of view corridor, and to try and
graphically demonstrate that to you, we have some pictures which, if you would
just pass around here, which depict the west side of that present Bauder Fashion
College building. As you can see, there is no view along that corridor pre-
sently, and if we were to come out another nine feet for those elevators,
obviously there would be no damage done to the view corridor. This project,
built this way, will be a restaurant that is open to the public. There will
be direct public access here for the public that uses the waterfront walk-
way to come into our restaurant. It presently will be the only restaurant in
the area that is open to the public. Direct public access is one of the
criteria that the Charter Amendment indicates that you are to consider in
determining the public benefit for modifications of the Charter Amendment,
and we propose to you that having a restaurant that is open to the public,
that the public has direct access to, provides a public benefit and under the
circumstances, we propse to you also that there is no material damage done to
the spirit and intent of the Charter Amendment. In addition, and in the spirit
of the public benefit, and because -the proponent, the owners of the Dallas Park
Id
117 JUL 2 91992
Hotel believe in the City of Miami and want to contribute to its revitalization.
They are prepared to contribute financially to -the improvement of Fort Dallas
Park, either $100,000 in cash to cover any differential in the shortfall of
funding that is available to Fort Dallas Park which would be paid during the
construction of improvements of Fort Dallas Park, or $200,000 that would be
paid over a ten year period based upon the creation of a special assessment
taxing district solely for this property, at the option of the Commission,
whatever it sees fit in its judgment. Moreover, Mr. McManus mentioned the
Fort Dallas Associates constructing the improvements in the park, and they
are prepared to do that, if the City desires, on a non-profit basis to oversee
the construction of the improvements to that park, recognizing that it would
be a benefit both to their property and certainly to the City of Miami.
Mayor Ferre: All right, sir. Thank you. Are there any other proponents
who wish to speak at this time? Are you a proponent?
(INAUDIBLE BACKGROUND COMMENT NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: No, proponents. Are there any other proponents? All right,
now we get to the opponents.
Ms. Janet Cooper: Janet Cooper, 1901 Brickell Avenue. I am sure I don't
have to remind any member of this Commission, the intensity with which the
Charter Amendment issue was brought before the public and the overwhelming
majority of the citizens of this City by which it was passed, saying that
these are the considerations that they want on every piece of waterfront
property with the exception of those properties where the particular in-
vasion into the view corridor, or the setback itself, the particular in-
vasion provides a public benefit, not where a public benefit will incidental-
ly or additionally be offered to the citizens or to the City. The perfect
example of a proper exemption from the Charter Amendment was the Mayor's
former property where his home, which is a historic structure would have
had to be removed in order to comply with the view corridor and leaving
this historic structure invaded that view corridor, therefore the invasion
itself provided the public benefit being the retention of the historic
building. There is no such provision in this proposal where the invasion
into the view corridor and the setback provide a public benefit. I suggest
to you that a restaurant that for business reasons is open to the public is
not a public benefit. If that were the case, every developer of any commer-
cial venture that is open for rental or sale of any product could claim to
be a public benefit. I think that this plan does not meet the requirements
of the Charter and should not be approved for Charter modification.
Mayor Ferre: All right, any other opponents. If not, if you want any
rebuttal time? If you want to say anything, say it on the record.
Mr. Jacobson: Thank you, Mr. Mayor. We don't believe that the argument that
was made in opposition requires rebuttal.
Mayor Ferre: Okay, thank you sir. All right, now questions from members of
the Commission.
Mr. Dawkins: I have a question for Mr. McManus.
Mayor Ferre: All right, sir.
Mr. Dawkins: Mr. McManus, how much did the City spend already around that
property in improvements?
Id 118 ,JUL 291982
Mr. McManus: The City has spent so far approximately $246,000 directly on the
Riverwalk.
Mr. Dawkins: So, if they give us $200,000, we are breaking even. I mean, we
are losing $46,000. So really and truly then, if they pull off $200,000, we
are not getting anything but "thank you".
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Dawkins: Well look, then we are losing $146,000. We have already spent
$246,000 improving the land around them, so they have gained that. They
have gained that already, and now they are going to come back and tell us
"We will give you $100,000 because you were generous enough to improve my
property by $146,000".
Mayor Ferre: Other questions or statements?
Mr. Plummer: Well, let me ask this. As I understand, your proposal is, is
$100,000 and build the park at no profit. Is that what your...?
Mayor Ferre: Plus build the park at no profit.
Mr. Plummer: That is what I said.
Mr. Jacobson: The proposal is $100,000 contribution to the park and if you
want us to, we will undertake construction of the park for you with no profit,
or we will contribute $200,000 based upon a special assessment taxing district
payable over a ten year period.
Mayor Ferre: Right. As I understand it, because I don't think we are going
to take $200,000 over a ten year period. That doesn't... unless we take
$200,000 right now. What we are talking about is $100,000 in cash, plus
you will oversee the construction, with architects, I would imagine. In
other words, we have to put it out for bids, obviously, but ... what?
Mr. Gary: Are you going to oversee, or are you going to build it?
Mr. Plummer: How are you going to oversee it?
Mayor Ferre: No, if they are going to build it, they are going to build it
with no profit. In other words, they are going to be the contractors.
Mr. Plummer: How are you going to go out to bidding?
Mayor Ferre: You have to bid it. You have no other choice but to bid it.
They are obviously going to bid it at no profit. Now, there may be somebody
that is going to come in lower than that, so you know, that is the way it is.
Mr. Plummer: Well, let me ask this question. Mr. McManus, you say that they
have got some other goodies and those matters have been resolved. Now, what
were the other goodies they got? Let's deal with the whole cake, here.
Mr. McManus: There was a question - perhaps Mr. Campbell would like to supple-
ment this. There was a question about the use of the public rights of way
immediately to the north of the Bauder Fashion College in which we were concerned
about who is using what, and that has since been resolved. Perhaps Mr. Camp-
bell could elaborate on that.
Mr. Plummer: Are you saying that that is a plus item for the City?
Mr. Gary: That is a plus item for him.
Mr. McManus: I would say it would be... the way it was resolved was of benefit
to the developers of the Dallas Park Hotel. In other words, the existing
property line on the north side of their building conforms almost exactly
with the north wall of the building. Anything north of that is public right-
of-way.
Mr. Plummer: All right. Agree or disagree with this statement. If this
thing doesn't pass, the only difference basically is an awning.
Mayor Ferre: A what?
U9 JUL 2 91982
P
Mayor Ferre: A what?
Mr. Plummer: An awning. I am asking...
Mr. McManus: Commissioner, let me answer it this way. Yesterday afternoon,
the developer brought to the Building Department a set of plans which he
intended to go for building permit, and the contention was that that conformed
with all provisions of the Waterfront Charter Amendment. The Building Depart-
ment - the zoning division refused to issue the building permit. If you do
not take action at the present point, the Building Department's position is
that they will not issue a building permit.
Mr. Plummer: Oh!
Mayor Ferre: Okay. Further questions. Further statements?
Mr. Plummer: Price just went up!
Mayor Ferre: Anybody else? Well, let me ... Janet ...
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: The question is - why not. Why wouldn't you issue a building
permit?
Mr. George Campbell: If I may, your Honor and members of the Commission,
there is an existing area in here which I believe is at the present time,
balcony, is that correct?
Mr. Plummer: Is what?
Mr. Campbell: Balcony.
Mr. Plummer. Oh.
Mr. Campbell: 3alconies, about in here. The applicant proposed to remove those
balconies and install an elevator shaft there.
Mayor Ferre: Two elevators.
Mr. Campbell: Two elevators there. This would not protrude into the exist-
ing view corridor per se. It wouldn't stick out any further than the bal-
conies or anything else does now. That is the reason that the Building Depart-
ment turned down the plans.
Mayor Ferre: It is almost 6:00 o'clock and we need to move along.
Mr. Plummer: Now, let me understand once again, okay? Very briefly, my
understanding is that if in fact, this Commission does not approve this ap-
plication, the Building Department will not issue a building permit for the
plans they have.
Mr. McManus: Yes, that was resolved yesterday afternoon.
Mr. Campbell: That is for the plans as submitted as of yesterday.
Mayor Ferre: As submitted, because they don't comply with the proper compli-
ance.
Mr. Gale Baldwin: My name is Gale Baldwin. I am the architect and I would like
to clarify this point, okay? We submitted the plans for the renovation of the
tower - the units themselves, the hotel units and in addition to that, we sub-
mitted with that the two elevators that were to be in behind the stair tower
that exists. That is the actual restriction to the view corridor.
Mayor Ferre: Say it quickly, because we are running out of time.
Mr. Baldwin: Certainly. We can pull the building permit, but we can pull it
without the elevators, okay?
Id 120
JUL 29 1982
0 0
Mayor Ferre: All right. Thank you, sir. All right, any other statements, be-
cause I think it is time for us to get along with it. I will tell you how I
feel about this. This is going to be a small hotel, as I remember - 130 to
140 rooms. I understand that it is going to be a luxury type hotel. I think
it is very important that we get a lot of these luxury and non -luxury type
hotels in the downtown area. The location is very strategic because it hap-
pens to be next to our Convention Conference Center, so it is one more alter-
native that the people in our Convention Center will use. That is Number one.
Number two, the building is there. Hell, it is there - it is not a question
that we are going to go build another building, or ... I would never vote for
that building if it were coming up before us today. It is a monstrosity. It
is a horrible ... you know, it is just a terrible building to be in that parti-
cular location, but it is there. Now, what in effect, these people are asking
for, is the ability to put two elevators on the outside of the building so
that they can access the building and Number one, I think that beautifies the
building, because you will have these things going up and down on the outside
and secondly, it makes the building practical. So I have no problems with
that one. The other thing that they want is up at the top, on top of the
existing building which already protrudes, instead of putting an awning, they
want to enclose the air conditioning. Now, I am sure that is no big thing
if we turn that down, they will put an awning up. But, I think what in effect
we are doing is therefore imposing for very little reason, a less desirable
hotel. And since the structure is already there, and since it is already an
intrusion on that line, then I don't think it makes a hill of beans worth of
difference one way or the other from a practical point of view from the
City and the citizen's viewpoint, but it does make an improvement on the hotel.
Now, and lastly, since they are offering $100,000 in cash payments, which, if
we turn it down, fine. We turn it down and they will go out and build another
kind of hotel structure and they bought the property and they are stuck with
it and they are going to prove it and build a hotel. In my opinion, it will
not be as good a hotel, because they will have to utilize the elevators in-
side - that means they will have to give up some space and that will be less
hotel rooms and a less profitable operation and etcetera. Now, the only
question in my mind is whether or not the $100,000, which is a voluntary thing
on their part, plus they offered to either supervise or build the park at a
non-profit basis is sufficient an inducement to us. Now, that is the only
question from my viewpoint..
Mr. Carollo: Mr. Mayor, it is getting late and we have to finish this one way
or another. I will make a motion that we uphold the Zoning Board's recommenda-
tion for approval.
Mayor Ferre: Is there a second? With the offers that they have made?
Mr. Carollo: Yes.
Mr. Gary: Well, that is $200,000.
Mayor Ferre: Well, that is our option.
over a ten year period.
Mr. Gary: Well, he said...
Either $100,000 cash, or $200,000
Mr. McManus: The Zoning Board said... let me clarify this - the Zoning Board
recommendation was to this Commission was $200,000 in cash up front.
Mayor Ferre: Oh! Okay. Well fine. That is the way he made the motion.
Quite a difference from $100,000.
Mr. Jacobson: (INAUDIBLE, OFF MIKE)... agree to that and that was not the pro-
posal that was made to the Zoning Board. The proposal we made is the proposal
that we have presently offered.
Mayor Ferre: It has to be voluntary though, doesn't it?
Mr. Perez-Lugones: But the resolution of the Zoning Board is a lump sum pay-
ment of $200,000.
Mayor Ferre: A what?
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Mr. Perez-Lugones: A lump sum payment.
Mayor Ferre: Can they impose that?
Mr. Perez-Lugones: No, they recommend it.
Mayor Ferre: What?
Mr. Perez-Lugones: The recommend it to the Commission that it be made that
way.
Mayor Ferre: Doesn't it by law have to be a voluntary thing?
Mr. Carollo: Let's not play games now. What the Zoning Board did was approve
it and they recommended . That is not a condition. Therefore,
my motion stands. I am in favor of the recommendation of the Zoning Board
that we approve it.
Mayor Ferre: All right, we have a motion on the floor. And as you made it
it is with $200,000, right?
Mr. Carollo: Mr. Mayor, the motion that I made is to approve the "yes" vote
of the majority of the Zoning Board to approve the variance they are asking
for along with the offer they made.
Mayor Ferre: I see - at $100,000, right?
Mr. Carollo: I don't think that the Zoning Board, or for that matter us, can
we force these people to give any amount of money. Now, if the rest of the
Commission is not in agreement with my motion and their offer,then make a
different motion.
Mayor Ferre: All right, Mr. Knox?
Mr. Knox: This is where there are these kinds of intrusions upon the view
corridors and the setback, it is appropriate that certain conditions be met.
Mayor Ferre: In other words, in this particular case, since the Charter
specifically says if there are over-riding reasons, therefore the Commission
can. I got you. Okay. But that is not the way the motion was made. I am
going to take it the way it is now and if there is a second, fine, and if
there isn't, then we will go to the next one.
Mr. Carollo: I withdraw the motion, Mr. Mayor.
Mayor Ferre: No, wait, I havne't even asked for a second.
Mr. Perez: I second that motion.
Mr. Carollo: Okay, it stands as originally made.
Mayor Ferre: As made - okay.
Mayor Ferre: Now, under discussion - could we make this $150,000? Now Werner
you are getting awfully close, and it looks to me like you might need a third
vote. So, it is $150,000.
Mr. Carollo: Will anybody make it $160,000, $160,000?
Mr. Jacobson: I much prefer to make it $100,000 and one hundred olive trees.
Mayor Ferre: $150,000 cash, is that correct?
Mr. Jackbson: Yes, sir.
Mayor Ferre: Thank you.., All right, do you accept that in your motion?
Mr. Carollo: I accept the amendments they have offered.
Mayor Ferre: Further discussion? Call the roll.
122 JUL 2 91982
The following resolution was introduced by Vice -Mayor Joe Carollo, who
moved its adoption:
RESOLUTION NO. 82-752
A RESOLUTION CONDITIONALLY GRANTING A MODIFICATION OF THE
REQUIREMENTS, AS SET FORTH IN SECTION 3(4)(b), OF THE CITY
OF MIAMI CHARTER, CHAPTER 10847, SPECIAL ACTS, LAWS OF FLORIDA,
1925, AS AMENDED, TO PERMIT AN ADDITION TO THE EXISTING STRUC-
TURE (TO BE CONVERTED TO THE DALLAS PARK HOTEL) AT 100 SOUTH-
EAST 4TH STREET, WITH A PROPOSED 35' SETBACK FROM THE SEAWALL
AT THE POINT OF MINIMUM DISTANCE (50' REQUIRED) AND 4' AG-
GREGATE SIDE YARD BASED ON AVERAGE LOT WIDTH (30.04' RE-
QUIRED).
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
ABSENT: None
55. GRAWT APPLICATION: VACATION AND CLOSURE OF S'ly PORTION OF
BIFURCATIC0 S.E. 13 Si BETWEEN BRICKELL AVE. AND S.E. BAY -
SHORE DRIVE - TENTATIVE PLAT 114E-UCP SUB.
Mayor Ferre: We are now on Item number eleven, which is the Brickell Union
Development Corporation and the vacation and closure of S. E. 13th Street
between Brickell and and Southeast Bayshore Drive. The Planning Department
recommended approval. There was one reply in favor. That is not the drawing.
Would you put it straight so we can see it? What happened to that street -
isn't there a street there? Is the street going to be open?
Mr. Perez-Lugones: Yes, sir. They are relocating basically the street.
Mayor Ferre: Oh, I see, so the street is open ... the Department... and then that
little alley is closed.
Mr. Richard Whipple: Right. Actually, the street is bifurcated at the present
time and the plat to the north is already running it straight through.
Mayor Ferre: I have driven over that thing more times than you can shake a
stick at over the last thirty-two years.
Mr. Whipple: It is to run it straight through, Mr. Mayor, not to close the
street.
Mayor Ferre: Now, is there any objection to this? Any objectors? All right,
is there a motion on Item number 11?
Mr. Carollo: I move Item 11.
Mayor Ferre: Is there a second?
Mr. Perez: I second. I think, Mr. Mayor, that this change is important for
the previous action taken by this Commission and I would like to second that
motion.
d 123 JUL 2 91982
a 0
Mayor Ferre: All right, further discussion? You have a problem with that,
Janet?
(INAUDIBLE COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: You seconded it.
Mr. Carollo: That is your problem, not ours.
Mr. Jack Rice, Jr.: I am for realigning the streets, your honor.
Mayor Ferre: Call the roll.
The following resolution was introduced by dice -Mayor Joe Carollo, who moved
its adoption:
RESOLUTION NO. 82-753
A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINU-
ING THE PUBLIC USE OF THE SOUTHERLY PORTION OF THE BIFUR-
CATION OF SOUTHEAST 13TH STREET BETWEEN BRICKELL AVENUE
AND SOUTHEAST BAYSHORE DRIVE FOR A DISTANCE OF +165'; AS
A CONDITION FOR APPROVAL OF TENTATIVE PLAT #114$ "UCP
SUBDIVISION".
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins
ABSENT: None
Mayor Ferre: I vote "yes". Mr. Rice, just so you can earn your fee, you
want to give us your name and tell us who you represent?
Mr. Rice: Jack R. Rice, Jr. and I represent the applicant in here in this
cause and my address is 2424 N. W. 1st Street and I thank you.
Mayor Ferre: All right sir, thank you.
56. GRAFT APPLICATION: VACATION & CLOSURE OF N. W. 11 PLACE &
NORTHERLY RIGHT OF WAY OF N. 11. 33 STREET - TENTATIVE PLAT
1159 "ALLAPATTAH STATION".
Mayor Ferre: We are now on Item number 1112", which is an application by
Metropolitan Dade County for the vacation and closure of N. W. 11 Place.
The Planning Department recommended approval. It was unanimous at the
Zoning Board, seven to zero; two objectors. Are there any objectors that
wish to speak on this item. Does the Administration recommend this?
Mr. Whipple: Yes, sir.
Mayor Ferre: All right, further discussion? Is there a motion?
Mr. Perez: I move, Mr. Mayor.
d 1?A JUL 291982
a a
Mayor Ferre: Moved by Commissioner Perez. Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Second by Plummer. Further discussion? Call the roll, please.
The following resolution was introduced by Commissioner Perez, who
moved its adoption:
RESOLUTION NO. 82-754
A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTIN-
UING THE PUBLIC USE OF NORTHWEST 11TH PLACE BETWEEN THE
NORTHERLY RIGHT-OF-WAY LINE OF NORTHWEST 33RD STREET AND
THE SOUTHERLY RIGHT-OF-WAY LINE OF NORTHWEST 36TH STREET,
FOR A DISTANCE OF + 819.50' AS ONE OF THE CONDITIONS FOR
APPROVAL OF TENTATIVE PLAT #1159, "ALLAPATTAH STATION".
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
57. APPROVE IN PRINCIPLE: SOUTHEAST OVERTOWN/?ARK WEST
COMMUNITY REDEVELOPMENT PLAN.
Mayor Ferre: We are now on Item number "13", which is the S. E. Overtown/Park-
West Community Redevelopment Plant for the area irregularly bounded by Biscayne
Boulevard and the F.E.C. right-of-way, I-95 and I-395 and N. W. 5th Street, and
recommending same, Dade County Board of Commissioners. Mr. Reid.
Mr. Jim Reid: Mr. Mayor and members of the Commission, you may recall that
the original S. E. Overtown-Park West Plan was approved by this Commission in
1981 in October and when it went to the County Commission for approval, you
recall that the County Commission, under State law, is the approving body for
Community Redevelopment Plans. There was a lack of consensus in the community
as to whether the plan ought to be acted on.
Mayor Ferre: Oh well, you mean Uncle Charlie didn't agree with it.
Mr. Reid: Okay. Well, there were other areas of disagreement. The City with-
drew the plan at that time and worked with an ad -hoc committee in the Overtown
area and kept the Park West group abreast of the changes during the time
period to revise the plan. The revised plan is back before you today with
the assistance of Mr. Johnson of the Overtown Advisory Board; Bill Ogden, who
had to leave who was representing the Park West Association and constructive
critics like Ron Frazier. We think we have a very much improved redevelopment
plan that we commend to you for recommendation to the County and approval by
them. Mr. Mayor, I can go into the level of detail that you request with
respect to this plan and or simply say that in terms of the improvement, the
funding to Overtown have been increased, the boundaries of Overtown have been
expanded. There are better linkages between Overtown and Park West. There is
more emphasis on redevelopment within the plan. The phasing of Overtown and
Park West are tied together. There is affordable housing provided within
145 JUL 291982
id
a
Park West, both for low and moderate income families. There are policies and
procedures with respect to Black participation in the Park West Development.
There is a monitoring mechanism Mr. Johnson shares that you set up at your
July 22 meeting and so forth, so that we feel that the revised plans reflects
the direction given to us by the community and dialogue with this Commission,
and we would reco —end that you approve it in principle to be taken to Metro-
politan Dade County for approval.
Mr. Dawkins: Mr. Reid, what is, or what are Overtown sub -areas?
Mr. Reid: Let's get a map out. In terms of the plan before you, Mr. Commis-
sioner, it covers the area of Overtown going north from 6th Street to I-395
and from the F.E.C. right-of-way to I-95. The entire Overtown area...
Mayor Ferre: Including Gibson Park.
Mr. Reid: Including Gibson Park in the redevelopment area.
Mr. Dawkins: So why don't we say the Overtown area? I just don't know why
you are designating it sub -area. I mean, that is my problem.
Mr. Reid: Because, Commissioner, when we did the original Overtown Plan in
1979, we spent three meetings (Mr. Johnson may want to comment on this) in
terms of what constituted the boundaries of Overtown, and the community that
we worked with at that time carried the boundaries of Overtown across 7th
Avenue to embrace the community known as Spring Garden. They carried it
north to 20th Street. They carried it east to F.E.C. right-of-way, so the
total Overtown boundary is much larger than the plan area described in the
tax increment district.
Mr. Dawkins: Okay. As we develop Park West and Overtown, then Overtown,
Park West, and the sub -areas will be developed simutaneously. The sub -areas
will not be developed after everything else?
Mr. Reid: The intention, Commissioner, is to simutaneously undertake develop-
ment in Overtown and Park West. It should be clear in terms of the total
area of Overtown that I described that the tax increment district does not
cover the total area.
Mr. Dawkins: Okay, I will rephrase my question. Will the sub -areas be
developed after Overtown and Park West?
Mr. Reid: It is our intention, Commissioner, to continue to work on all areas
of Overtown. It is currently in the Dorothy Wheatley area...
Mr. Dawkins: Mr. Reid, does your plan that you have here now - the one that
you are presenting to me now - does it mean that the sub -areas will be developed
with your tax increment after you get through in Park West and Overtown.
Mr. Reid: Commissioner, the plan before you does not. It simply deals with
a tax increment district that includes a portion of the Overtown area. It is
a policy...
Mayor Ferre: The answer to the Commissioner's question, and just answer it
straight is that all Overtown is not included in the tax increment. He knows
what he is asking and he wants to put it on the record! So tell him like it
is. You know the answer is "yes".
Mr. Reid: The answer, in terms of the tax district, is all of Overtown is not
included, Commissioner.
Mayor Ferre: That is correct.
Mr. Dawkins: Thank you. Okay, go ahead, I am finished.
Mr. Reid: We would be glad to respond to any more questions or get into
detail with the plan, depending upon the wish of the Commission.
Mr. Plummer: The yellow areas, are they to be bought up by the City, or by
any other agency from the private owners?
�'26 2 9199,2
.d
Mr. Reid: In the yellow areas, Commissioner, is the intention first, of the
City, after the Redevelopment Plan is approved to offer those areas to the
private sectors for development in accordance to the plan and to do no land
acquisition in advance. If there is no response from the private sector,
it is our intention to use the proceeds of tax increment financing to acquire
the land and then sell it back for redevelopment according to the plan.
Mr. Plummer: Are there any provisions in this proposal that would keep a
private owner presently there from developing his own property if he meets
the guidelines as set forth?
Mr. Reid: None whatsoever, Commissioner. In fact, our intention is just
the reverse. It is to seek development of the plan first with the private
owners that are there, Number one. Number two, if acquisition has to take
place, those private owners would be in a prefered position with respect to
redevelopment subsequent to acquisition.
Mr. Plummer: So, a man who owns a piece of property in the Overtown area
today would be allowed to develop his own property, if and when approved, as
long as it is in compliance with the plan.
Mr. Reid: That is correct, Commissioner.
Mr. Perez: Mr. Reid, could I know how much it is going to cost to the City
of Miami the construction and implementation of this project?
Mr. Reid: The approach that we are using here in terms of the financing of
this program has not been used heretofore by the City even though it has
been used in California, for example, for thirty years. The cost will be
in terms of bond issues related to development - some $87,000,000. But, they
will be paid for out of a special tax increment fund covering this district
and set aside to retire the bonds.
Mayor Ferre: Jim, tax increment financing is such a complicated thing, that
I think it is very, very important that you make an appointment with Com-
missioner Perez and perhaps Commissioner Dawkins to go over exactly what the
law says, how it is structured, how it must be implemented and how it is
paid back. It is a very ... and I must tell you I consider myself not an
expert, but let us say and amateur expert. I followed this all along. I
was involved in the writing of the legislation on this thing. You know, for
the last ten years I have been into it and today I still don't completely
understand it, so I would recommend that you really sit down with the new
Commissioners and really go over it. I will tell you how complicated it is.
It has been in the books for three years and nobody has used it yet. Miami
Beach is one with the big thing, you know, but they haven't gone ahead with
it, so today, great as it seems, it still is just on the books as a theory.
It has passed constitutional muster, but we have never developed anything
with that proviso.
Mr. Reid: We'd be delighted to do that, Mr. Mayor and you are correct -
within Florida that hasn't been used.
Mayor Ferre: It is very important. It is very important legislation, but
I think, for example, the definition of "blight", what you can include in
the district, how you go about including it into the district, how you
borrow the money, what the money can be used for, how the money is repaid,
why the County has pre-eminence - you know, all these things are very im-
portant considerations, which I think perhaps need some better clear ex-
planations.
Mr. Plummer: Mr. Reid, why over here do we see this spotty yellow instead
of consistent yellow like on the east side of the railroad tracks?
Mr. Reid: The reason, Commissioner, is two -fold. Number one, there are
some churches and historic properties in properties that we have recently
renovated with City money it is not our intention to acquire under the plan.
And the second is, this major piece here. There is currently a rehabilita-
tion loan request on that piece for federal money so we exclude property for
two reasons - churches and historic properties or recently renovated.
127
JUL 2 91982
.d
Mr. Dawkins: Are we using the same yardstick to measure whether you destroy
a building or whether you rehab it in Park West that we use in Overtown?
Mr. Reid: In Park West, Commissioner, the answer is closely, but in Overtown
we do have, we are working with the Black Archives to identify those buildings
that they want o save.
Mr. Dawkins: No, I don't mean the historical preservation. I mean, those
buildings that are over there that are deteriorated, unlived in, that should
be destroyed, that we are planning to loan people $10,000 a unit to rehab,
and yet, in Park West, there are buildings that are not as deteriorated, �r
and yet, we are destroying them. This what I am getting at.
Mr. Reid: The emphasis, Commissioner, in direct response to your question
is, that in the plan we are proffering to you, we are not going to use that
$10,000 a unit program.
Mayor Ferre: Well, the answer is...
Mr. Reid: This calls for the clearance and redevelopment of those lots -
exactly as in Park West.
Mayor Ferre: Does that mean, Mr. Reid, that the answer is "yes"?
Mr. Reid: The answer is "yes", Mr. Mayor.
Mr. Dawkins: One question from them and I think we can move. Mrs. Vickers,
may I ask you a question, please?
UNIDENTIFIED SPEAKER: I beg your pardon, sir?
Mr. Dawkins: Not you, dear. When we got the groups together, everyone, all
of the groups over there agreed to this and they are in complete accord?
Mrs. Linda Vickers: Yes, they are. We had a meeting of the Ad Hoc Committee...
Mayor Ferre: That is the first time I ever heard that!
Mr. Dawkins: Call Mr. Reid.
Mrs. Vickers: Oh, I am Linda Vickers, I am the Overtown Project Coordinator.
Mr. Dawkins: Thank you.
Mayor Ferre: All right, further discussion on this.
Mr. Perez: Could I know something? What do you plan to do with those two
lots of public land on N. W. 9th Street?
Mayor Ferre: The question is, what are you going to do with those four blue, on top of
UMPTA acquisitions ... those four blue, isn't that public housing?
Mr. Reid: No. Commissioner, we intend to put that land up for redevelopment
in terms of housing.
Mayor Ferre: Who owns that now?
Mr. Reid: The land is being acquired by Metropolitan Dade County for us.
Mr. Plummer: Who owns it?
Mr. Reid: Well, I think it is all totally acquired by the County. We will
own the property.
Mayor Ferre: We will have fee title to it.
Mr. Reid: Yes.
Mr. Perez: But, what you mentioned as public lands, this means property of
the City of Miami or maybe Dade County, or any other agency?
ld 123
JUL 291982
Mayor Ferre: Dade County is buying it and turning it over to the City of
Miami....
Mr. Reid: They are our agents in terms of the acquisition.
Mayor Ferre: .... for the specific purpose of acting as our agent with our
monies, right?
Mr. Reid: That is correct - with our monies.
Mayor Ferre: It is our money. They are buying it because they have the
authority to do it and then they are turning it over to us for the specific
purpose that we use it for houses, is that right?
Mr. Reid: That is correct, Mayor.
Mayor Ferre: That is what I thought. Further discussion? All right, is
there a motion?
Mr. Dawkins: Move it.
Mayor Ferre: Moved by Dawkins.
Mr. Perez: Second.
Mavor Ferre: Second by Perez. All right. Mr. Charlie Johnson.
Mr. Charlie Johnson: Mr. Mavor and Commissioners. I would like to call to
vour attention the amendment to the Park West Overtown Plan, I think of which
you have a copv of at this time. There is a series of one to ten amendments
to the plan that you are voting on. I want to make sure that you are aware
of that and aware of the amendments. And specifically, in terms of highlight-
ing them, I would like to emphasize Item number three, the development of
two hundred eight units of low income replacement housing for those displaced
by redevelopment activities. Item six, the preservation program prepared by
the Black Archives Historical Research Foundation of South Florida, and in-
dicating that that will be incorporated as an addendum to this plan.
Mayor Ferre: Charlie, are you for all of these thirteen amendments? I only
see ten, by the way.
Mr. Johnson: There are ten. I am sorry, from one to ten.
Mayor Ferre: I only see ten. Are you for these ten amendments?
Mr. Johnson: That is right.
Mayor Ferre: All right, are there any questions on them? They are on Page
five of your packet.
Mr. Johnson: I have one further comment.
Mayor Ferre: Yes, sir?
Mr. Johnson: In respect to the function of sharing the ad hoc planning
committee, I would like to indicate our pleasure with working with the staff
and their responsiveness in attempting to meet the needs of the community.
We still have some details that can be worked out, one of which is in the
management structure. It is a minor detail and I think we can deal with
that with the City and with The Commissioners and the staff. I would like
to in general emphasize one thing, that we should understand that this is
a venture now, including Park West and Overtown, that represents a nine
hundred million to a billion dollars in investments. It is one of the major
undertakings by a municipality and no one has really done this successfully
any where in the country.
Mayor Ferre: That is true.
Mr. Johnson: And the way that we have gotten to this point is been through
a combination of efforts with the local government being involved, of course
with the community's involvement and also with private sector, banks, savings
and loans, and that nature.
1�9 AUK 29 1982
Mayor Ferre: Thank you..
Mr. Johnson: We have got a triad which must be maintained. A three-legged
stool does not stand very well on two legs and we are endorsing this plan
with the Park West Civic Associatior_s's involvement and the people in Overtown,
with that stipulation, that we must understand that we have a three-legged
stool and we are going to be successful, it is vitally important that we
maintain communication and we maintain liaison with all elements of the
team that has gotten the project to this point.
Mayor Ferre: I would like to thank and commend you in particular, Mr. Johnson,
Ms. Jackie Bell, Mr. Cash, Mr. Ogden, Mrs. Vickers and all of the people that
have been involved and all segments of the community that have had input. I
am sure there are many others that have been very active. I would also like
to thank and commend Jim Reid for his diligence on this matter. I would like
to thank Mr. Charles Hadley for having brought this thing to a stop, appro-
priately so, I think, at the County. As it turned out, he and a group of
people went down there protesting it. When I read it in the newspapers, I
was quite concerned that he had really kind of killed an opportunity for us
to get going on this, but as it turned out, I think he may have been right.
I also want to commend the Manager for having at last selected what seems to
be an extremely qualified individual to head the Overtown/Park West joint
project. This is something that has been a quest of his and mine and ours
for what - a year and one half now, Howard? So, I hope that even though it
has taken a long time to get where we are, that we now can move along, and
the County can get going. Ready to vote?
Mr. Dawkins: Call the roll!
Mayor Ferre: Call the question.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 82-755
A RESOLUTION APPROVING, IN PRINCIPLE, THE SOUTHEAST OVER-
TOWN/PARK WEST COMMUNITY DEVELOPMENT PLAN, WITH AMENDMENTS
DATED JUNE, 1982, FOR AN AREA GENERALLY BOUNDED BY BISCAYNE
BOULEVARD ON THE EAST, I-95 ON THE WEST, I-395, ON THE NORTH
AND THE NORTH 5TH STREET ON THE SOUTH, A COPY OF WHICH IS
ATTACHED HERETO, AND MADE A PART HEREOF; MAKING CERTAIN
FINDINGS OF FACT AND CONCLUSION OF LAW; MAKING RECOMMENDA-
TION FOR APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS;
AND SUPPORTING A JOINT EFFORT BY THE CITY AND COUNTY IN
IMPLEMENTATION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice -Mayor Joe Carollo
Mr. Reid: Mr. Mayor, I just would like to, on the staff side, publicly just
publicly thank Linda Vickers and Nat Schwartz for the work that they did on
this plan.
Mayor Ferre: Everybody thanks everybody. Okay. This is a happy day!
DO
JUL 29 i982
Ld
50. APPROVE IN PRINCIPLE: KING HEIGHTS COIDIRTOITY REDEVELO:tiENT
PLAN - N. W. 12 AVENUE EAST, N. W. 17 AVENUE WEST,
N. W. 62 STREET NORTH, N. W. 53 TERR., SOUTH
Mayor Ferre: All right, "14". This is the Planning Department's application
to approve in principle the King Heights Community Redevelopment Plan. The
Department recommends approval and it was unanimous with the Board seven to
zero. Are their any objectors? All right, if not, is there a motion?
Mr. Dawkins: No, before we...
Mayor Ferre: Yes, go ahead.
Mr. Dawkins: I will make a motion for discussion.
Mr. Plummer: Second.
Mayor Ferre: Okay, it has been moved and seconded.
Mr. Dawkins: Along this area, every time we have clebrance, relocation or
rehabilitation, Black folks are moved out and never get back in. I would
like to know, here and now, as you go about this, and there are plenty
vacant areas that the brothers left from the last riot. Okay, so there is
no point in telling me that you cannot put some housing there before anybody
has to be relocated, so is there any way that we can start this building be-
fore we relocate and have people in the area moving into new places before
we go about?
Mr. Lawrence Martinez: My name is Lawrence Martinez with the City of Miami
Planning Department and that particular consideration was given in redevelop-
ment plan, because of those concerns that have been raised in the past, and
if you will note, this represents Phase one of the redevelopment plan. There
are three components, basically, that we are using to provide housing, or to
enable us to provide housing. One is the acquisition of land with C.D.
funds, which you see in the brown and the light brown area, proposed acqui-
sition with housing bond funds. That is our scattered site assisted housing
program. What we are trying to do in the first phase is to create as little
displacement and disruption in the nieghborhood as possible by building in
first the relocation resources. So, what we have in this particular redevelop-
ment area are twenty-five sites that could accomodate twenty-five to fifty
units, that is, single family and duplex units assisted housing for very low
income families. Throughout the entire model city area we have seventy-two
scattered sites. Now, hopefully with the acceptance of a contract from
the Federal Department of Housing and Urban Development, we can construct
this amount of housing first. That will allow us seventy-two families to be
relocated as a priority into these scattered sites before we start acquiring
major buildings that are completely occupied or substantially occupied, for
relocation.
Mr. Dawkins: You do not have my vote if you do not have places to put people
within that same area. They have got to let them relocate in this area, or
you don't have my vote!
Mr. Martinez: The other aspect, Commissioner...
Mayor Ferre: Wait, wait. Will you just answer what he just said? Address
that point.
Mr. Martinez: Yes, I am. I am addressing that, sir. The thrust is, we are
in the process of acquiring these sites. The first aspect of the plan calls
for development of those single family and duplex housing on these lots for
relocation of resources. Also, at the same time, we are not going to ac-
quire property unless we have a feasible reuse for that property immediately.
We are not going to acquire property...
Mr. Dawkins: I hear you; I hear you and you hear me, so okay.
131 JUL 2919002
Mr. Martinez: Okay.
Mr. Dawkins: All right, there is enough vacant land to start on, so that you
are telling me that you see in the next two years that you want a piece of
property that has got fifty families in it - there is enough property for you
to go ahead and put up a building in two years to put these fifty families in.
Mr. Gary: That is fine. Tell him you are going to do that.
Mr. Martinez: That is what we are doing, sir.
Mr. Dawkins: Okay. All right, thank you.
Mayor Ferre: All right, are we ready to vote?
Mr. Dawkins: Yes, I move it.
Mayor Ferre: All right, moved by Dawkins, seconded by Perez. Further dis-
cussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 82-756
A RESOLUTION APPROVING IN PRINCIPLE THE KING HEIGHTS
COMMUNITY REDEVELOPMENT PLAN FOR THE ACQUISITION,
CLEARANCE, RELOCATION, REHABILITATION, STREET IMPROVE-
MENTS AND BEAUTIFICATION OF THE AREA BOUNDED BY NORTH-
WEST 12TH AVENUE ON THE EAST, NORTHWEST 17TH AVENUE ON
THE WEST, NORTHWEST 62ND STREET ON THE NORTH AND NORTH-
WEST 58TH TERRACE ON THE SOUTH; FURTHER FINDING THAT
SAID PLAN ATTACHED HERETO AND INCORPORATED HEREIN BY
REFERENCE, IS IN CONFORMITY WITH THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice -Mayor Joe Carollo
59. EXPRESS SUPPORT IN PRINCIPLE: SPECIAL ASSESSP:ENT PROJECT AREA
DC14 DOWITTOWN COMPONENT OF 2IETRORAIL SYSTEM.
Mayor Ferre: We are now on "15" which is a special assessment project for
the downtown component of metrorail. Now, Mr. Reid, will you explain to us
very carefully. I got a phone call from Congressman Bill Lehman who asked me...
(INAUDIBLE COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: Yes, I know. We have got to vote on it, J. L., and I have been
asked by Congressman Lehman to measure my words very carefully, and I will try
to do that.
132
JUL 2 91982
ld
Mr. Jim Reid: Mr. Mayor and members of the Commission, we do have Warren
Higgins and the staff from the Dade County Transportation Administration here
today to talk on this item. You may recall that the City Commission dial
adopt and did support a funding request to the federal government for the
full construction of the people mover system. This back in 1979. When the
new Administration took office their representative, Mr Teal, indicated that
money we expected for the loop was not going to be available and this Adminis-
tration looked kindly on private sector participation in the funding of the
people mover. In response to that, a private sector task force was set up
by the County, chaired by Mack Wolfe, in which the Mayor and the Manager
were members, and this private sector task force, in September of 1981,
recommended that as part of the people mover funding package, that a down-
town special assessment district be established, with the proceeds to finance
the people mover. Subsequently, UMTA did award the full money for the loop
and one of their keys was the private sector.
Mr. Plummer: I move Item "15".
Mayor Ferre: Well, we have got to be careful about that for a sec, let's...
this is very complicated.
Mr. Reid: The private sector task force did recommend that the creation of
the levying of the special assessment. Under County Code, this assessment
must be levied by the County Commission. The County Commission had first
reading on July 6th, second reading on July 23rd, and it levied unanimously
in a six to nothing vote, the tax, the special assessment.
Mayor Ferre: All right, thank you.
Mr. Reid: The City must act today to authorize that assessment to be applied
in the downtown. City staff recommends that the assessment be authorized.
(INAUDIBLE COMMENT NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: Thank you very much, Mr. Reid. All right now, I think that
it is important that we be extremely careful on how we proceed this. Mr.
Reid. Mr. Reid.
Mr. Reid: Mr. Mayor.
Mayor Ferre: Know that there are very difficult...we have lawsuits on both
sides of this issue. Now, I think, I hate to tell you that under the circum-
stances that we have before us today, I have to vote against it, okay? And
I don't want to go too far into the record, but I would hope that perhaps we
can probably put this off until September and between now and September you
can work out the differences so that we don't end up with lawsuits. That
may be impossible, but I am not ready to vote on this thing the way it is
now, because it is very, very unfair.
Mr. Reid: Mr. Mayor, we don't want...
Mayor Ferre: And that is as measured as I can be.
Mr. Reid: But we certainly would not like a negative vote and if the ... we
would prefer to defer the item and I would be glad to hear from Mr. Higgins,
and work with the Mayor and work with the Commission to explain and go over
in detail both and the consistency that the current provision contains, be-
cause I think if a reflective look is taken at what is being proposed by
the County, it certainly meets the meets the main criteria of equity of the
County statute and that is, each piece of property will be benefited by
the assessment.
Mayor Ferre: But, Mr. Reid, property owners have a right to express their
opinion. We have not called a public hearing on this, okay? Now, what is
important about this, I am not against what you are trying to achieve. My
concern is centered around the mechanics of how we are going to collect
these funds.. Now there is a need to a district that is to benefit, so given
the very difficult legal question on both sides of this, it is my opinion
that this Commission go on record saying that we are, in principle for this,
but leave ourselves room for a public hearing and perhaps the opportunity
133
.d JUL 291982
V
for those who are involved in this whole process to try to work out the proper
mechanics. I don't want to get any more into it, because I am afraid that
then I will disrupt the whole process. and I don't really want to get into
these very difficult...we have legal problems on both sides of the issue
and on the other side we have an Administration which is very concerned about
how we approach. I am very aware of this, and I too am concerned. But, I
don't know how we can other than in general support this concept. I don't
think we are ready to vote on the mechanics at this time. How can we do that?
Mr. Reid: Certainly, Mr. Mayor, if the Commission wanted a public hearing,
we can schedule a public hearing in September, I think the vote in support
of the concept of private funding for the people mover would be an affirma-
tion of...
Mayor Ferre: Yes, sir. I got you. Yes, sir?
Mr. Warren Higgins: Thank you, Mr. Mayor, for giving me the opportunity to
say a few words. This is my first time down here with the Commission, and
I want to say, I think it would be tragic of we delayed today the vote on
this issue.
Mayor Ferre: We need your name and address.
Mr. Higgins: Warren Higgins, Transportation Coordinator, Dade County. Con-
gressman Lehman, of course, has done yeoman work just yesterday. He put the
last piece into this puzzle that gives us full funding for this package
$116,000,000. We are ready to go ahead with this project. Pardon?
Mayor Ferre: It is unbelievable and wonderful and I am very proud of...I
think what Lehman has done is almost a miracle and I think he is really a
person that ought to be commended. This community doesn't appreciate our
Congressman enough. Bill Lehman is one of the great Congressman that we
have.
Mr. Higgins: Well, there is no question about. I usually talk Metrorail
and I was down there last week with him on Metrorail and he did just as well
in that category too, but here now, I think there a a couple of very impor-
tant points we have got to consider. First of all, the people mover, when
the Reagan Administration took place, was dead. Congressman Lehman ressur-
ected it. We are the only city in the country today that is being funded
with federal money to build this mover. It is fully designed, we are ready
to build it. The utility contract has been let. The yards and shops has
been bid, the bidder will be awarded. That will start very shortly, the
whole thing is a go. Now, respect to the requirement here of a special assess-
ment district, from the very beginning, what made this viable financial pro-
ject for Dade County, was the commitment of the business community to pick
up a piece of the action. It took many, many meetings to finally revise
and come up with the formula that we have here today. There is no such thing
as a perfect formula. We don't have one now, but there will be public hear-
ings on this. We had a hearing last Friday. There will be two more hearings
on this issue within the past month. We have, I think, great opportunity to
hear everybody out, and to consider their Suggestions for any revision in
criteria that we need make, but I don't think that we have anything to gain
by delaying it. I am urging you today. I am really pleading with you today
to let us go. We have delayed too many of these projects in the area too
long. If we want the people mover to open with Metrorail which is progressing
very, very, well, we can't afford even a week's delay.
Mayor Ferre: Mr. Higgins, I must ask you, and you know, I have... and I hope
nobody takes it as false pride, as being, along with Maurice Alpert, the
author of this whole people mover project eight years ago. You know, and if
it hadn't been for Mayor Jack Orr, who helped to get the original $35,000 on
the County Commission and studied it, and if we hadn't pursued it in Washing-
ton during the Carter Administration, we wouldn't have the people mover.
Mr. Higgins: Well, that is wonderful and...
Mayor Ferre: Okay, well, you know, I just have a lot of pride in that, so
I consider myself, you know, this whole idea originated in somebody's brain,
and the person who originated this was Maurice Alpert and came to me, and
134
JUL 2 91982
Ld
therefore, I feel very identified with it, as I am sure you know.
Mr.Higgins: And I am sure both will be very proud when you see that running
and the job that it is going to do for downtown Miami.
Mayor Ferre: Mr. Higgins, I must tell you however, sir, that I don't know
what we are doing here. If what we are doing is voting and it is forever
beyond the grasp of the City of Miami, then I must vote "no" vigorously.
If however, what we are doing here is perhaps voting on it for the first
time, and our action today does not preclude the City's revisiting this
issue, then I can vote with you, but I am not about to abdicate the City's
fiduciary responsibility on this project, which is our project. You know,
we are the authors of this project. If it had not been for the City of
Miami, you wouldn't, you know...Lehman saved it this time. There are others
who saved it before. We wouldn't be here if it weren't for the City. This
is the City's project. Now, the point I need to tell you is, that if you
are going to insist that we vote on this thing today and this is the last
the City is going to have as input, then I am going to vigorously going to
oppose it. Now, we cannot abdicate our responsibility. Now, if what you
are telling me is that this is a process and that this will come back for
final vote by the Commission after we hear both sides of the issue from the
public, then I can go along with that. Now, tell me which one it is.
(INAUDIBLE COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Stuart Simon: I wanted to say this, Mr. Mayor. In your comments, there
was an indication that you had some grave concerns about the legality of some
of the issues that are before you..
Mayor Ferre: I don't want to get into that.I don't want to visit that,
Stuart.
Mr. Simon: Well, the thing I wanted to offer to do - I am the person who
drew the ordinance, and I gave it a lot of time and thcught and legal research,
and I did want you to know that if there any questions that the Commission has,
or that any Commissioners have with regard to legal principles that are in-
volved, I would be very happy to address them.
Mayor Ferre: Stuart, you are a great lawyer and I respect you as a great
lawyer. I really think you are one of the best in town, but you too, have
lost cases before judges, okay?
Mr. Simon: Not very many.
Mayor Ferre: Not very many, but you have. I wouldn't want this to be one
of those very few that you have lost, because there are arguments on the
other side who are going to challange the whole legal process, and I would
hope we can avoid that and I think the way to avoid this is to..I don't want
to impair the wrath of somebody up in Washington. On the other hand, neither
do I want to get involved in big tumultuous legal battle and screaming between
people. I mean, this isn't one developer. You know, the Catholic Church is
involved. The Baptist Church is involved. The Methodist Church is involved.
There are a lot of churches that are concerned about this, and I don't want
to get involved in all of the different —you know what the arguments are;
you have heard them. And I want to approach this in a way that I know and I
am not precluding this Commission's participation in the decision making. So,
tell me what you want us to do.
Mr. Higgins: Thank you again, Mr. Mayor, for letting me talk and caucusing
without people would be most appreciative if we continue with our public
hearings and then in September when you meet, you can have your public hear-
ing, and at that time, we will give you all the input that we have from our
hearings.
Mayor Ferre: Let me say, okay, (and I would hope that somebody would want
to memorialize it in a motion, that would be great), let me just say that in
principle we support the idea of a fair payment by the private sector of
a substantial amount of money for the purposes that you have outlined.
Mr. Higgins: One last comment. We know we can't build it without you and
without the City of Miami, and we want you to stay with us. You have been
135 JUL
2 9 1982
great all along and we have to work as a team.
Mayor Ferre: Thank you, sir.
Mr. Gary: Mr. Mayor, before he leaves, it may be appropriate for the City
Commission to establish a date for him in September.
Mayor Ferre: Well, September is a terrible month because of ... well, what
day would you like to have it?
Mr. Gary: I don't want it to conflict with my budget.
Mayor Ferre: I know that.
Mr. Plummer: What he is saying is that he can't stand two losers in the
same day!
Mayor Ferre: Well, Howard, when do you want to do this? Can we do it on
the morning of the loth, or something like that?
Mr. Gary: No, sir.
Mayor Ferre: Or the 9th?
Mr. Gary: I'd rather not have my day.
Mayor Ferre: Do you want to have it on the 23rd?
Mr. Gar;; Can we do it the first week in September?
Mayor Ferre: How about the 9th? Do we have a budget here on that?
Mr. Gary: No. Okay, the 9th will be okay.
Mayor Ferre: All right, we will do it on the 9th.
Mr. Higgins: Thank you, very much, sir.
Mayor Ferre: So, we need a motion, now.
Mr. Plummer: To defer for a scehduled public hearing.
Mayor Ferre: No, no. Can I word it? That we support in principle the
premise of (give me the legal language, please, Stewart) so we don't get into
this legal quagmire. That we support in principle... it is not a tax, what
is it called?
Mr. Simon: A secial assessment project area.
Mayor Ferre: A special assessment project area for the purposes of funding
the...
Mr. Simon: A project....
Mayor Ferre: Yes.
Mr. Simon:..known as the D.C.M., or the downtown component...
Mayor Ferre: Of the Metrorail system.
Mr. Simon: Yes.
Mayor Ferre: Okay, and that we further agree that the private sector should
be involved in...expending money?
Mr. Simon: No, I think I would say that you recognize that the County
Commission must create legislatively such a district and you are in accord
with the principles of that.
Mayor Ferre: The principle.:.but the mechanics of it are something that we
would like to define after a public hearing, which we are now calling for
September 9, 1982. Does that cover it?
JUL 291904
Mr. Simon: Yes. I think that covers it excellently.
Mayor Ferre: Do you want to move, that, J. L.?
Mr. Plummer: Who else is here? I suddenly feel alone!
Mayor Ferre: Demetrio seconds? All right, Demetrio Perez seconds. Further
discussion. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved its
adoption.
MOTION NO. 82-757
A MOTION OF THE CITY COMMISSION EXPRESSING ITS SUPPORT, IN
PRINCIPLE, OF A SPECIAL ASSESSMENT PROJECT AREA FOR THE
PURPOSES OF FUNDING A PROJECT KNOWN AS THE "DCM", OR THE
DOWNTOWN COMPONENT OF THE METRORAIL SYSTEM; FURTHER RECOG-
NIZING THAT THE COUNTY COMMISSION MUST CREATE LEGISLATIVELY
SUCH A DISTRICT AND THAT THE CITY OF MIAMI IS IN ACCORD WITH
ITS PRINCIPLES; BUT THAT, IN CONNECTION WITH THE MECHANICS OF
ITS IMPLEMENTATION, THE CITY OF MIAMI WOULD PREFER TO DEAL
WITH SUCH ONLY AFTER THE HOLDING OF A PUBLIC HEARING WHICH
IS HEREBY CALLED FOR SEPTEMBER 9, 1982.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
60. ACCEPT PLAT: HIGHLAND PARK DRIVE SECTION ONE.
Mayor Ferre: We now are on Item Number "16", which is Highland Park Drive,
Section One. Plat and Street Committee recommended approval. Zoning Board
recommended it seven to zero. Is anybody here who is opposing this plat, or
does anybody want to speak to it. If not ... Demetrio Perez moves. Plummer
seconds. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Perez, who
moved its adoption:
RESOLUTION NO. 82-758
A RESOLUTION ACCEPTING THE PLAT ENTITLED, "HIGHLAND PARK
DRIVE SECTION ONE", A SUB -DIVISION IN THE CITY OF MIAMI,
FLORIDA; 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 RE-
CORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote-
13'7
ld JUL 2 91982
.d
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
61. ACCEPT PLAT: JACKSON TOWER SUBDIVISIONi
Mayor Ferre: Item Number "17". Plat and Street Committee recommends.
It was unanimous with Zoning. Perez moves. Plummer seconds. Further
discussion? Call the roll.
The following resolution was introduced by Commissioner Perez, who
moved its adoption:
RESOLUTION NO. 82-759
A RESOLUTION ACCEPTING THE PLAT RETITLED "JACKSON TOWERS
SUBDIVISION", A RESUBDIVISION IN THE CITY OF MIAMI, FLORIDA;
AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORI-
ZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO
EXECUTE THE PLAT AND PROVIDING FOR -THE RECORDATION OF SAID
PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
138
JUL 291982
62. DEFER CONSIDERATION OF MIAMI HERALD APPLICATIONS BASED ON
REQUEST OF COMMISSION MEMBER FOR FURTHER INFORMATION
Mayor Ferre: Item 18, which is the Miami Herald issue. All right, Mr.
Davis, again, my apologies, sir. You have been waiting patiently here
since 2:00 o'clock or 2:30 and it is almost 7:00. I apologize.
Mr. Dorian Davis: Mr. Mayor, no apology is needed. For the record, I
am Dorian Davis, Steel, Hector, Davis, Southeast Bank Building, Miami,
Florida, representing the Miami Herald. I want to express to you my
deep apreciation for the courtesy in affording me the opportunity to make
this brief presentation. You will recall that on May 27th the Commission
permitted the Miami Herald to proceed with the sixth story addition to its
present building subject to a number of conditions. There were 12 conditions,
which included a public baywalk from McArthur to Venetian Causeway; a park-
like entrance; increase to 75 feet; and a continued entrance at the southerly
end; also a continued existence of a minimum of 917 parking spaces.
Of the 12 conditions that were imposed, there are two of them that
we request your reconsideration. The first one is the provision that the
Miami Herald shall provide a minimum expenditure of $300,000 for landscaping
beautification. We ask you to reconsider. That came about, if you recall,
in the context of my representation to you that the Herald expected to expend
aproximately $300,000 for the Baywalk and the entrance, and the landscaping
there. That resulted in what I construed to be the condition that the
Herald spend an additional $300,000 for landscaping and beautification.
We have studied that. We have a landscaping plan by Mr. Johnathan Seymour
My information is that if we are required to expend $300,000 for landscaping
alone in addition to what we have already committed, there would not be any
room for the public to use the walkway. What we respectfully request of you
is that you modify and clarify that particular provision to the effect, let
me read the language that we respectfully suggest so that there will be no
misunderstanding. As follows:
"The landscaping and beautification of the subject property
at One Herald Plaza shall be accomplished in accordance with
the detailed plans submitted by the Miami Herald and made
a part hereof by reference."
This is a plan, and if any explanation is needed, we don't have Mr -Seymour
but we do have Jose Prieto, who can point it out to you and explain it to
you. It sets forth in great detail the exact landscaping and beautification
that is to be accomplished in addition to what has been shown on our site
plan submitted to the Planning Department.
The second condition that imposes, we think, a reasonable request for
reconsideration is the condition that the Miami Herald pay 50% of the cost
of constructing a public connecting parkway between the Miami Herald building
baywalk and Bicentennial Park to be designed within six months and constructed
within one year. Lighting, maintenance, and security including television
monitors for the public connector be utilized for the public by the Miami
Herald.
We have spent some time conferring with the Planning people, with the
Department of Transportation, exploring the posibilities of how that can
be accomplished. It creates a number of problems. We suggest to you and
ask your consideration of an alternative or modification or clarification
of that condition as follows, let me read that:
"When a building permit is issued for construction of a sixth
floor addition to the Herald building, the Miami Herald shall
pay to the City the sum of $100,000 to be applied towards the
cost of constructing a public connecting walkway between the
Miami Herald baywalk and Bicentennial Park. If construction
of the connector is :not commenced by the City within three
years of the date he such cash contribution and any
accrued interest shall be utilized by the City for creating
or improving park recreational facilities and areas of
greatest need to the City."
139 JUL 2 919oft
04
6N 0
Mr. Davis (CON'T): We suggest to you that the City is in a much better
position to deal with the Department of Transportation and the possibilities
that exist. We are willing to contribute the $100,000 to you and if it
turns out that it isn't feasible, then we ask that you use it for park and
recreational purposes in Liberty City or in the Hispanic area. We think
that is fair and reasonable. We respectfully request your favorable
consideration of those alternatives.
Mayor Ferre: All right, Mr. Davis, I would like to get Mr. Grimm to give
me an opinion here. Vince, the price, and I don't know where I saw this,
the estimate was that walkway across the highway was going to cost
$160,000. Did that come from the Administration, by the way?
Mr. Vince Grimm: No, it did not, Mr. Mayor.
Mayor Ferre: Who came up with that price? Mr. Feito, you as an architect
came up with an estimate that it would cost $160,000 to....
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Ferre: Is that a reasonable price for a ....?
Mr. Grimm: Well, Mr. Mayor, let me qualify that statement a little bit.
When I reviewed the plans that the architect had prepared, I had three
basic suggestions. One was that instead of having stairways at either
end, that it have ramps so that it would be available to either handicapped
or bicycles.
Mayor Ferre: Like they do in New York.
Mr. Grimm: Yes, and that would have been an increase cost factor. Secondly,
because of the difficulty in dealing with both the Federal Bureau of Roads
and the State Highway Department that we attempt to clear span over the
existing roadway. That would, of course, also increase the cost. The
third one was that we attempt to eliminate the State's requirement that
the bridge be designed wide enough to provide for the future widening of
the causeway. In my opinion that may be a desirable objec,;.ive but certainly
not a practical one, to make that little pedestrian bridge wag the tail of
a six lane highway. So, those three elements alone, I'm sure would have
raised that cost well beyond the $160,000. But we did not have a specific
estimate.
Mayor Ferre: Is the $100,000 a reasonable figure for building this? Is
that 50%?
Mr. Grimm: It was my understanding from the explanation of the architects
that the City and the Herald were going to jointly share the cost.
Mayor Ferre: See, what they want to do is they want to limit. They want
to say rather than 50%, what they are countering 'with it,'we'll give you
$100,000.
Mr. Grimm: Well, I should think that $100,000 would cover their share of
it, yes, sir.
Mayor Ferre: O.K., that's all. My question very simply is, will $100,000
in your opinion cover their share reasonably?
Mr. Grimm: Yes, I think so, yes.
Mayor Ferre: Mr. Davis, with regard to the other point. I'm a little
confused at that. What you are telling me is... I went down, Mr. Alvah
Chapman invited me and I went with Mr. Carter and Mr. Chapman, and they
showed me the property and they walked around and I looked, went to the
roof and looked down and all that. At that time, as I understood this,
I had understood that they said that they were willing to spend $300,000
in beautifying this property, and that included landscaping and artwork,
and the gate, the bricks, the paving, the fountain and all this. Now
you tell me that they don't want to do that.
140
JUL 2 91982
Mr. Davis: No, sir, that's not quite right.
Mayor Ferre: I see. I misunderstood. Now, what are you telling me?
Mr. Davis: We represented to you that it is going....
Mayor Ferre: That you are going to spend $300,000....
Mr. Davis: ....that it is going to cost....
Mayor Ferre: Look, as long as it is not asphalt, I have no problems with it,
O.K.?
Mr. Davis: Yes, sir.
Mayor Ferre: In other words, I don't want you including the $300,000 (that
includes the asphalt, the lights for the parking area and all that.) If
you are telling me that you are going to spend $300,000 in beautifying that
piece of property that means with artwork, with fountains, with landscaping,
with a gate, bricks, whatever it is that you are going to do with it, then
that is fine. I have no problems with that. I mean, that is my personal
opinion.
Mr. Davis: Let me put it this way. We came in with a site plan, which
showed landscaping and showed the baywalk, and the whole site development
plan. We told you that plan would cost in our best estimate at least
$300,000. The difficulty is that we were imposed with the condition that
we spend in addition to that $300,000 another $300,000 for landscaping and
beautification.
Mayor Ferre: No, no, that was not it.
Mr. Davis: Now, that to us, very frankly, does not really make sense.
Mayor Ferre: No, no.
Mr. Davis: So, what we have come back with is to say we are going to
follow the site plan. We will do this.
Mayor Ferre: Mr. Davis, I was the author of that statement. As the author
of that statement...I think I was...I want to put it to the record that it
was my intention that we talk about one $300,000 amount for trees and
beautification. Now I want to also make sure that it is clearly understood
that I was not including asphalt for the parking space, or lights for the
parking spaces, or paint, or whatever it is you are going to do in the park
other than trees. In other words, $300,000 in trees and other items that
are beautifying that property.
Mr. Davis: Well, Mr. Mayor, I think we are making you, if that is your
intent, I think that we are making you a better offer. We are going to
follow that site plan that is kept on file with the Planning Department.
We are asking you to clarify that condition. We are saying that our
beautification and landscaping plan will be as shown on this and that is
made part of the record.
Mayor Ferre: O.K., further....
Mr. Davis: But it was construed that we had to have $300,000 plus $300,000.
Mayor Ferre: Further questions, statements, comments?
Mr. Carollo: Mr. Mayor, I would like to make a statement. I should would
hate for all these chaps that walked you around and showed you all the nice
things that they are going to do to turn around and say that I have not
been willing to give them the opportunity to do the same for me. I want to
give them every ample opportunity so they can give me a fair and acurate
account of what they are going to do there, so I can get a much closer look.
So, I for one, would like to make a motion that this item is deferred until
the next available meeting that we have for zoning purposes. I want to ask
Mr. Davis to let all these people that took you on this tour, let them know
141 JUL 2 919bfi
9f.
Mr. Carollo (CON'T): .... that I'm more than happy to give them the same
opportunity that the Mayor gave them, if they so wish to call me to show
me all these plans that they have and to give me a fair and accurate
account of everything that they want to do.
Mayor Ferre: We have a motion on the floor now, for deferral based on
the request of Commissioner Carollo for further information on site. Is
there a second to the request?
Mr. Perez: I second the motion. I would like to have for the next meeting,
Mr. Mayor, I would like to have the back up information.
Mayor Ferre: You would like to what?
Mr. Perez: The back up information.
Mr. Carollo: Yes, we did not have any back up information.
Mr. Perez: We do not have any back up today.
Mayor Ferre: Mr. Manager, through you to the proper person, why isn't the
proper information, the back up, on our agenda.
Mr. Carollo: Especially when there are some changes that are being presented
now, even more.
Mayor Ferre: Why didn't the Herald people submit these changes so that
they could be officially on the record?
Mr. Gary: Mr. Mayor, there was a request by the Herald to come before you
for these clarifications. That is the reason that it was not in the package.
Mayor Ferre: All right, I want to say that I went, I looked, and I listened
to talk. I am satisfied. I am ready to go. But I think that it is a matter
of courtesy ... we have always had on this Commission a legislative courtesy
to each other that if somebody wishes to go look at something that deals
with a change of this sort that they are entitled to that. So there is a
motion that has been moved and seconded for deferral on further information.
I have no problem bringing it up at the September 9th meeting.
Mr. Carollo: Well, the 29th is the zoning, Mr. Mayor, I think.
Mayor Ferre: Do you have any time constraint, Mr. Davis? Is there a
time problem?
Mr. Davis: Yes, sir, we do.
Mayor Ferre: What is your time problem?
Mr. Davis: We are under tremendous time compulsion with our program and our
necessity for it. I think you will recall that we were deferred.
Mayor Ferre: Yes, sir. See, this has been deferred once. I have no
problems deferring it, Joe. But I think that out of fairness to these
people, we ought to make it at the first meeting rather than at the
second meeting.
Mr. Carollo: That is just fine, Mr. Mayor. We can bring it up at the
first meeting. I just don't want anybody to say that I have not given
the opportunity that you gave them when they called you. If Mr. Davis
would let John and Alvah and all the other nice chaps know that I am
willing to give them the same opportunity to take me on the tour and
show me all the plans they have, I will be more than happy to go along.
Mayor Ferre: And Commissioner Perez, who also requested the same.
Mr. Davis: Mr. Beverly Carter, the General Manager, is here. I am sure
that he heard your comments.
Mr. Carollo: Excuse me, sir? I did not hear your statement.
142
JUL 2 91982
Mr. Davis: Mr. Beverly Carter is here.
Mayor Ferre: Mr. Carter, who is the general manager of the Miami Herald,
is here. Is there any problem with that, Mr. Carter? We will take it up
September loth. Out of courtesy to them, Mr. Manager, I think you ought
to schedule that as one of the first items in the morning so that it is
an extension of this meeting today, which was in turn, an extension of the
previous meeting. All right?
Mr. Davis: Thank you, sir.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 82-760
A MOTION DEFERRING TO THE NEXT REGULAR
MEETING, A REQUEST MADE BY THE MIAMI HERALD
RECONSIDERATION, BY THE CITY, OF R-82-460 AND
R-82-461, BASED ON A SPECIFIC REQUEST BY A MEMBER
OF THE COMMISSION FOR FURTHER INFORMATION.
Upon being seconded by Ccmmmissioner 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.
ON ROLL CALL:
Mr. Plummer: As the spider said, "Come into my web."
63. FIRST READING ORDINANCE: ELIMINATE PEIMISSIVE USE OF BARBED
WIRE FENCING IN RESIDENTIAL
NEIGHBORHOODS
Mayor Ferre: Now we are on item number....
Mr. Dawkins: Mr. Mayor, it is 7:00 o'clock. Can we speed this up? I'm
going to leave at 8:00.
Mayor Ferre: We have two, three more things. We are on item number 19
now, on first reading Planning Department application. This is an
ordinance on first reading to eliminate the permissive use of barbed wire
fencing in residential neighborhoods. Is there any problem with this?
Mr. Carollo: Move.
Mr. Dawkins: Second.
Mayor Ferre: It has been moved and seconded. Is there further discussion?
Are you for barbed wire fencing?
Ms. Marilyn Reed: No, I have a problem with it. This is on first reading
and you want to take it up on second reading since you all are tired.
143
JUL 291982
CJ
Mayor Ferre: We are not taking it up on second reading today.
Ms. Reed: No, I know that.
Mayor Ferre: This is first reading. It will come up....
Ms. Reed: It will come back for second reading?
Mayor Ferre: I will come back for second reading on the next meeting.
Ms. Reed: Would you rather wait and have me give you the problem then?
Mayor Ferre: Yes, tell us your problem then.
Ms. Reed: I wrote each of you a letter.
Mayor Ferre: Yes, I want to tell you that I may be agreeing with you on
this. I'm not too sure that I am in favor.
Ms. Reed: What I want to ask for, Mayor, is the permittable use. You can
put some stiff stipulations in it so where it is needed, it can be permitted;
but they have to prove the need.
Mayor Ferre: Let me tell you something.
Ms. Reed: Is that reasonable?
Mayor Ferre: Yes, ma'am. Let me tell you something, Mr. McManus. For those
of you in the department that are the authors of this, there may be circumstances
where people really —you know, an elderly woman who lives alone in a property
in Coconut Grove, an elderly man, for that matter. You know, there is a
certain psychological feeling that they have. Frankly somebody is going
to go over a fence to go in rob somebody or bop somebody over the head is
going to do it with or without barbed wire.
Ms. Reed: It has been a deterrent in my case.
Mayor Ferre: But it is a psychological deterrent. I want to tell you that
I am in principle opposed to prohibiting barbed wire. I think there has
to be some process where a permit has to be granted. There has to be a
reason for it. I'm willing to do that. But I'm not willing to say just
nobody can use it.
Mr. Plummer: Hey, make it as a conditional use that has to come up before
the Commission.
Mayor Ferre: Yes.
Ms. Reed: And somebody has to prove a need, such as a victim of crime.
Mr. Plummer: Conditional use, they are going to have to come here and prove
the need.
Ms. Reed: That's all. Net carte blanche, for heaven's sakes! Nobody wants
that.
Mayor Ferre: But I am not too sure that I want a lot of little old ladies
who feel very insecure and want to put up barbed wire around their property
that they be denied. It's the same problem, J.L., that I have with these
walls, you know. The neighbors don't like...I may be changing my position
on that in a short while after I get mine built.
Mr. Plummer: It's not the wall you have a problem with. It's the moat
with the alligators in it.
Ms. Reed: You cannot get a license from the game and fish commission for
that one.
Mayor Ferre: You know, hey, listen, a lot of people feel insecure and
they want to feel secure in their homes. If it takes a wall to do it, or
barbed wire, you know, power to them!
144 J u L 29 1982
Ms. Reed: I would settle for the alligator and moat, J.L.
Mayor Ferre: So, do you want to pass this on first reading? I don't know,
does anybody concur with my opinion on this? Or do you want to prohibit
barbed wire, period.
Mr. Plummer: No, I don't want to prohibit it. I want to make it a conditional
use.
Mayor Ferre: Fine, all right, Mr. Manager, through you to the department:
will the Administration come back with proper language so that it is not
just a carte blanche no?
Mr. Plummer: With a moratorium... all right, I'll make another motion.
Mayor Ferre: Well, there is a motion on the floor now.
Mr. Plummer: There is?
Mayor Ferre: Sure, for approval, right?
Mr. Plummer: Huh?
Mayor Ferre: Yes.
Mr. Plummer: What are you looking to your right for?
Mayor Ferre: Well, that's where it came from. So, what do you want to
do?
Mr. Plummer: No, I'm going to make a moratorium that no permits be issued
or allowed of additional until the time this is heard.
Mayor Ferre: O.K. Call the roll on the first reading. Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING 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
AMENDED BY DELETING EXISTING SUBSECTION (4) AND
INSERTING IN LIEU THEREOF A NEW SUBSECTION (4)
ELIMINATING THE PERMISSIVE USE OF BARBED WIRE;
AND MAKING SUCH USE A "CONDITIONAL USE;" FURTHER,
AMENDING SAID ORDINANCE BY ADDING A NEW PARAGRAPH
(n) TO SUBSECTION (6)[CONCERNING "CONDITIONAL
USES"] OF SECTION 1, ARTICLE V; 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, AND BY REPEALING ALL ORDINANCES,
CODE SECTIONS, OR PARTS THEROF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo, and seconded by Commissioner
Dawkins 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.
145
JUL 29 t982
64. FIRST READING ORDINANCE: NEW C012PREHEITSIVE ZONING ORDINA 7CE.
Mayor Ferre: Take up "20". This is on first reading. It was unanimously
passed by the Department and the Advisory Board. All right. Janet, we
will have plenty of time to debate this on second reading, okay? All right,
there has been a motion and a second. Make your statement. You are all in
favor of it, right? They don't want to speak. They are for it. We are
going to vote for it.
Ms. Janet Cooper: Janet Cooper, 1901 Brickell. My name is on the proposed
code as being a member of the Consumer and User's Committee, and I would like
for you to know that as a member of that committee which, as a whole, endorsed
the code, that I do not concur with that.. I believe that there are some bene-
ficial changes in the code, but as a whole, the code carries forward language
that has been problematical from the old code. In many instances the language
is virtually identical. I think if we are going to all the time and trouble
of adopting a new code, we ought to have problematical language corrected and
modified so that they don't continue to cause us problems. I made specific
recommendations in the committee and I will, on second reading, make specific
recommendations on a few of the items. I cannot go through the entire code
for you.
Mayor Ferre: All right, Janet. Would you proffer to the members of the
Commission before the second reading, so that we don't have it before us at
the end of the information.
Ms. Cooper: I will be glad to, but it is very serious through out the entire
new code.
Mayor Ferre: Just bring it to me at least one week before, so I can read it
before I get here. I don't want it dumped on me ten minutes before I am going
to vote on it.
Ms. Cooper: And when do you anticipate second reading?
Mayor Ferre: It will be in September?
Ms. Cooper: Okay.
Mr. Plummer: Well, let me ask this question, because I you know ... over all,
in most instances I am in favor, but there are areas in which I have disa-
greements.
Mayor Ferre: Well, can you save your disagreements until the second reading?
Mr. Plummer: Sure, I can save them, but I just want to know, you know,
that...
Mr. Dawkins: Well, do like I am going to do, J. L. I am going to put mine
in writing and submit it to them, so that all of us will know what they are
at the next meeting.
Mayor Ferre: Okay. All right, is there...
Mr. Plummer: I have no problem with that.
Mr. Joe McManus: Mr. Mayor, for the record, we have before you a series
(about ten pages) of memos with Planning Department recommendations on
first reading, going to second reading. I have here a one page that sum-
marizes those recommendations. If this Commission chooses to pass this on
first reading, I would suggest to you that these be incorporated, so as
a matter of record, we are moving forward on this.
Mayor Ferre: Is this a public hearing?
146 JUL 2 9198Z
Mr. Plummer: No. It is not listed as a public hearing.
Mayor Ferre: All right, is the second reading of this a public hearing? I
want to make sure that it is a public hearing.
Mr. Gary: Yes, after five, J. L., pursuant to State law.
Mayor Ferre: I want to make sure that it is a public hearing. Mr. McManus,
I will read this between now and the next hearing, all right? Thank you for
bringing it to our attention. Any other statements?
Mr. Tom Carlos: Mr. Mayor?
Mayor Ferre: Yes, sir.
Mr. Carlos: My name is Tom Carlos, and with the assistance of Mr. McManus...
Mr. McManus, is this the item that deals with the intensity issue as far as
the zoning district involving 27th Avenue?
Mr. McManus: I believe so. This is a City-wide zoning ordinance.
Mr. Carlos: Okay. I just wish to address the proper issue.
Mayor Ferre: Tes, sir.
Mr. Carlos: Mr. Mayor, through out the development of this ordinance, and
we brought to the attention of Mr. McManus that in the district involving
27th Avenue, that the intensity factor showing as "four", and I believe
that the Planning Department has indicated to those people with property
along 27th Avenue that are willing to accept an intensity factor of "five"
and if they will comment on that, I would like to suggest that they join
us in an amendment to correct that error, because if it is left at "four"
it...
Mayor Ferre: Mr. McManus, do you want to listen to this. This thing is
being addressed to you.
Mr. Carlos: I believe that we had discussed it and probably. Mr. McManus can ex-
pound on it a little bit clearer than I can, but I believe that the present
language is a departure from that intensity factor which already exists and
that which is their policy with respect to development on 27th Avenue. I
think I can put it on more concrete terms, but rather than debate specific
issues and specific properties, if he is in accordance, he can probably
handle it better than I can.
Mayor Ferre: Thank you, sir. We will address it on the second reading.
Further discussion? Further statements?
Mr. Mark Aronson: My name is Mark Aronson on behalf of some property owners
with regard to a zoning map change. If you would prefer to address this at
the second reading, I will defer.
Mayor Ferre: Thank you, sir. Anybody else?
Mr. Hernando Acosta: I would like...
Mayor Ferre: Mr. Acosta, we need your full name and address.
Mr. Acosta: Hernando Acosta, 2890 S. W. 28th Terrace. I am concerned,
specifically, on the Master Plan of the Coconut Grove Rapid Transit District.
I don't know at this time if I can ask the Commission for their suggestions
on that particular area or not. I am concerned on 28th Terrace, that the
the triangle across the street, on the north side...
Mayor Ferre: Mr. Acosta, if you will give this to Mr. McManus and address
it with him and if you are not satisfied, then bring it up for discussion
at the second hearing. Talk ,to him and try to work it out with him adminis-
tratively. If you don't, then we will talk about it at second hearing, all
right? Now, are there any other statements? Further discussion? Read the
ordinance on first reading.
14'7
i
JUL 291982
AN ORDINANCE ENTITLED -
AN ORDINANCE REPEALING COMPREHENSIVE ZONING
ORDINANCE 6871, AS AMENDED, EXCEPT AS HEREIN
PROVIDED! CONTAINING AUTHORITY, 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 OFFICIAL ZONING ATLAS AND OFFICIAL
SCHEDULE OF DISTRICT REGULATIONS; ZONING
DISTRICTS; PLANNED DEVELOPMENT DISTRICTS;
SPECIAL PUBLIC INTEREST DISTRICTS; HERITAGE
CONSERVATION DISTRICT; GENERAL REGULATIONS;
NON-CONFOP11ITIES; FURTHER PROVIDING FOR
FUNCTIONS AND RESPONSIBILITIES OF COMMISSION,
OFFICERS, AND BOARDS; SPECIAL PERMITS;
FURTHER PROVIDING FOR APPEALS FROM DECISIONS
OF PLANNING DEPARTMENT, ZONING BOARD AND CITY
COMMISSION; PROVIDING FOR ENFORCEMENT# VIOLA-
TIONS AND PENALTIES; AMENDMENTS; DEFINITIONS;
REPEALING ALL OTHER LAWS AND PARTS THEREOF
IN CONFLICT, PROVIDING FOR A RESORT TO REM-
EDIES CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE 180 DAYS AFTER RECEIPT OF ACKNOWLEDGMENT
THAT THIS ORDINANCE HAS BEEN FILED WITH THE
SECRETARY OF STATE.
Was introduced by Vice -Mayor Joe Carollo and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre.
NOES: None
ABSENT: None
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the members of the public.
65. FIRST READING ORDINANCE: AMEND 62-62 OF CODE - ZONING BOARD
APPEAL,.
Mayor Ferro: We are now on Item Number "21", which is the last agenda item.
All right, Mr. Manager? Go ahead, Mr. McManus.
Mr. Joe McManus: Mr. Mayor and members of the Commission. This item before
was originally directed to the Administration back in February for considera-
tion and your motion to the Administration really dealt. with about four
separate areas here. First of all, provided that if a property owner within
375 feet of a property involved in a decision before the Zoning Board appeals
that decision to the City Commission, no fee would be charged. That the fee
ordinarily applied would be-born.by the developer -applicant and that further
you wanted us to consider recommendations for the affected area residents
and the property owners to be•nottified and the time period for appeal. Now,
the Department then recommended waiver of the appeal fee for property owners
within the 375 feet of the subject area. On the advice of the Law Department
.d 148
JUL 4 91982 1
the fee otherwise charged could not be shifted from the person making the
appeal, to the applicant or the developer. Now, in consultation with the
Planning and Zoning Board's Administation Department, they are recommending
that the existing fifteen day appeal period and the existing 375 foot radius
for notification of property owners be retained on the basis that sufficient
time is currently being provided, and sufficient notice is sent to directly
affected property owners. I would like to remind you that if we increase
the radius, the number of people involved in notification increases geo-
metricly with that increase in radius. And that in turn, was confirmed by
the Planning Advisory Board, and that is their recommendation.
Mayor Ferre: Mr. Manager, have you personally gone through this thing?
Or Joe McManus? You did concur with their recommendations?
Mr. Gary: Yes, sir.
Ms. Janet Cooper: Janet Cooper, 1901 Brickell Avenue. I am in agreement
with waiving the fee and since the fee is waived for any one citizen or
property owner within the radius, it is no longer necessary, as I had dis-
cussed at your previous meetings to enlarge the time in which signatures
could be collected. But, I do have a problem with the 375 foot radius.
This was originally included in the code when most developments were in the
single-family or very small commercial developments, lots of 50 feet frontage,
75 feet, 100 feet and it was then with the small developments, it was reason-
able that the effect of those developments was 375 feet was the most immediate-
ly effected.
Mayor Ferre: Hey, Janet, look. This is on first reading. Could you save
this for the second reading?
Ms. Cooper: I won't be very long'. I am anxious to get out of here too.
Mayor Ferre: Well, okay. Quickly!
Ms. Cooper: But, since we are seeing so many very large developments; we are
seeing properties where the frontage alone is 400 feet, so that one property
owner only on a side would be notified. I think it would be appropriate
with very large developments to increase the radius of notice. I think
that a proportional formula ought to be worked out, either depending on the
size of the development, or the size of the lot, and where you have a large
project it will definitely affect more people in a larger area then just
the 375 feet, so I think a formula for increasing the area of notice should
be worked up and should be incorporated into both notice requirements and
the appeal requirement and I think that as this Commission indicated a con-
cern that the applicant ought to bear the cost of increased notice as was
exhibited in the heritage district hearings that were here last month - I
think that the Commission ought to consider having the applicant bear the
cost of notice to the surrounding neighbors. Thank you.
Mayor Ferre: All right, would you be prepared to come back and repeat all
that on the next hearing?
Ms. Cooper: Yes.
Mayor Ferre: All right, thank you so much. Is there further discussion on
this item? Is there a motion on first reading?
Mr. Plummer: Let me understand correctly. If a person, not the developer,
wishes to take an appeal, there will be no fee charged to him, but the fee
will be transferred to the...
Mr. Gary: There will be no feel period.
: There will be no fee involved.
Mr. Plummer: Why wouldn't it go to the applicant?
Mr. Terry Percy: The City is establishing fee schedules for applications
and if the applicant pays and if an objector appeals, we couldn't find in
doing our research, a justificai .1.,in for the transferring of this fee. We
don't think we could defend it. :;e recommend that it not be included in the
ordinance.
149
JUL 291982
i
P
ld
Mr. Plummer: Well, hey, why should the taxpayer have to pick it up? The man
who is the applicant is the one who is going to gain - let him pay for it.
Mayor Ferre: I agree with that.
Mr. Perez-Lugones: Commissioners, there are two ways to appeal. One of the
ways to appeal is that the appealant can collect 10% of the signatures of
the people within 375 feet and there is no fee involved.
Mr. Plummer: Okay.
Mr. Perez-Lugones: Now, if the appealant wants to take the effort to run
around talking to people...
Mr. Plummer: Yes, but if you have knocked out the fee, nobody is going to
go around, period. You are going to have applications in here on a single
request of a letter. You know, I want to tell you something, that was...
Bartley is out there... let me tell you, that was the one thing we were
concerned about, you know, that it wasn't just a single person who was
going to double our size of our agenda, and 10% was a reasonable figure
applied. But, I am getting back to the fee. You, know, these things of
mailing out things today of the cost factor involved, somebody has got to
pay it! Now, if the person who is standing to gain... it seems like to me
would be the person who that fee would be shifted to, so it is just a mat-
ter of establishing a policy as you do in establishing a fee in the first
place.
Mayor Ferre: Okay, Plummer, I agree with you, and I will vote with you at
the next Commission meeting. Can we move along now?
Mr. Plummer: Well, okay, here. The answer is, you double the initial fee,
and if you don't have an appeal, you give them a refund.
Mayor Ferre: Fine. Okay, I go along with that. That is very good. Is
that yours, J. L.? That is good.
Mr. Plummer: We collect the interest during the interim.
Mayor Ferre: I like that. That is good thinking!
Mr. Plummer: I have got to get the zinger!
Mayor Ferre: Can we move, now? Has this been moved by somebody?
Mr. Carollo: Moved.
Mayor Ferre: All right, Carollo moves, is there a second?
Mr. Plummer: On doubling the initial fee.
Mayor Ferre: On the whole thing with that provision, instructing them on
second reading to put that in there.
Mr. Plummer: Yes, okay. You understand? I am glad...
Mr. Perez-Lugones: I understand, yes.
Mr. Plummer: Fine.
Mr. Perez-Lugones: We amended the City code to that effect, then.
Mr. Plummer: Yes.
Mayor Ferre: Are we ready to go now? All right, further discussion? Call
the roll.
150
JUL 291962
giiilBt •,i�. ... � ----
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE CODE OF THE
CITY OF MIAMI, AS AMENDED, BY AMENDING
SECTION 62-62, "REQUEST FOR REVIEW," OF
ARTICLE V, "APPOINTMENT OF MEMBERS AND
ALTERNATE MEMBERS TO THE PLANNING ADVI-
SORY BOARD AND ZONING BOARD," OF CHAPTER
62, "PLANNING AND ZONING," OF SAID CODE;
MORE PARTICULARY BY AMENDING THE FIRST
PARAGRAPH OF SAID SECTION 6262 TO PROVIDE
THAT IF A PROPERTY OWNER WITHIN 375 FEET
OF A PROPERTY INVOLVED IN A DECISION OF
THE ZONING BOARD APPEALS THE DECISION TO
THE CITY COMMISSION THEN NO FEE SHALL BE
CHARGED; BY REPEALING ALL ORDINANCES,
CODE SECTIONS, OR PARTS THEREOF IN CON-
FLICT AND CONTAINING A SEVERABILITY
CLAUSE.
Was introduced by Vice -Mayor Joe Carollo and seconded by Commissioner Plummer
and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre.
NOES: None
ABSENT: None
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the members of the public.
66. SWEARING IN CEREMONY: NEW ATTORNEY
Mr. Knox: Mr. Mayor, you may wish to make Mr. Garcia's Pedrosa appearance
official by swearing him in, and upon which point, this would be his first
official act.
Mayor Ferre: I have no problems with that. His whole family has been wait-
ing here for four hours and I think it is time for us to...
Mr. Carollo: Okay, it is okay, but I th6ught he might have wanted it
more appropriate to announce that so that other people from the community
could come here. We do that, but if would so wish now, that would be all
right.
Mayor Ferre: They were waiting all afternoon., so...
Mr. Carollo: That will be fine, Mr. Mayor.
Mayor Ferre: I have no problems with that. Perhaps this might be the appro-
prite time to have our new City Attorney sworn in. Are you ready. We have
got the photographer. Mr. Garcia -Pedrosa, if you would step forward and we
will swear you in. Come up here to the podium, sir. I would like to invite
Mrs. Garcia -Pedrosa and the parents of both Mr. and Mrs. Garcia -Pedrosa to
join their son on this auspicious occasion. Would you join us up here, please
for a picture?
d 101 JUL 291982
�, s =.•:.. _ s�►�»�`, l�Yiiu
to
-ram• ,� -L:
Mr. Plummer: All right, Knox, leave the building!
Mr. Dawkins: Will the officer on duty escort him out, please?
THEREUPON, THE OATH OF OFFICE was administered to the newly
elected City Attorney by the Acting City Clerk.
Mayor Ferre: All right, Mr. City Attorney, if you would please, sir, would
you explain to us this item that is before us at this time. Very quickly,
because we are all very tired. We want to be very courteous to you on your
first official request, but it is late.
Mr. Jose Garcia -Pedrosa: Mr. Mayor, if I might be permitted the privilege
of taking just a brief moment, I do want to say something before the resolu-
tion. I want to thank you, Mr. Mayor and members of the Commission for the
honor that you bestow upon me by selecting me to be your lawyer, and the
lawyer of this great City. Before I assume office, I do however, wish to
pay tribute publicly and in your presence, to my predecessor (I hope he
hasn't left) George Knox, who has demonstrated to me in these past few weeks
why he has earned the loyalty and the respect of the people that have worked
with him for the past few years. He is a remarkable person, and he will be
a difficult person to follow. George, I want to thank you very much. From
George Knox, I also inherit a fine staff of professionals and support per-
sonnel who are the people that really make the office work, and will make
it work for you in the future. Counting on their help, and on their support,
I would ask that you judge us not so much by what we say here, but what we
do for you and I promise you that the Law Department will be a full partner
and a dependable instrument in developing Miami as one of the premiere cities
in America. This Commission and this City deserve no less and I want to
pledge to you tonight that you shall get no less. Thank you for that oppor-
tunity to address you.
Mr. Carollo: Mr. Garcia -Pedrosa, I would like to have the honor of being
the first member of the Commission to give you your first job to do. I
have a little something that I need some legal advice and before you leave
I will give it to you. I will be most appreciative.
Mr. Garcia -Pedrosa: Let me sit at the hot seat for a moment, sir.
Mayor Ferre: Mr. Garcia -Pedrosa, I don't want to deprive you of the oppor-
tunity of making that wonderful speech over again, so at the meeting of
September 9th, after we say our prayer and Pledge of Allegiance, I will again
recognize you, because at that time we will have a packed house here, and I
think it would be appropriate for you to say your opening remarks at that
time rather than at this time.
Mr. Plummer: This was a private ceremony. We will have a church ceremony
on the 9th.
67. AUTHORIZE AGREEMENT: 5,500 SQ. FT. ALFRED I. DUPONT BUILDING
FOR RELOCATION OF THE LAW DEPARTMENT.
Mayor Ferre: All right sir, now you have a proposal before us. Would you
explain that to us?
Mr. Garcia -Pedrosa: As the Commission knows, the Law Department has been
operating under the handicap of being split into two non-contiguous floors
in the Olympia Building - the tenth and seventh floors, and one of the many
things that George Knox has helped me with in an effort to resolve that
problem, a handicap which he has been operating under for some time - we have
JUL 291982
Ld
found space directly across the street in the Alfred I. DuPont Building, where
everyone can be together on the same half, or same third, really, of the same
floor. It actually reduces the number of square feet required, because the
space is laid out to be a law office, which the Olympia Building space is not,
and the difference in rent is so small, it is less than $5,000 a year, that
I ... I'm not asking the Commission for any additional money in connection with
the payment of rent, which I will find the money from within the budget al-
ready made. The balance of the resolution before you relates simply to the
move; I am told by the City Manager that it would be more expensive to attempt
to use City personnel than an outside mover and the communcations system
likewise. And, in connection with not moving at some expense, the comunica-
tions system which is also being used for dictating and paging and so forth,
all of which are functions that we don't need, we are asking for an appropri-
ation for the acquisition of office dictating equipment to replace it.
Mayor Ferre: All right. Mr. Manager, as I understand it, now, your staff
has looked at the Olympia Building space and that it can be used by the Ad-
ministration.
Mr. Gary: Yes, sir. I think it is important to know and Commissioner Plum-
mer may be happy that this opportunity is arising for at least one part of
the Administration. We have some functions that have to move out of the
Neat Building.
Mayor Ferre: Out of the what Building?
Mr. Gary: The Neat Building.
Mayor Ferre: What is that? You mean the Northeast Building?
Mr. Gary: Yes.
Mayor Ferre: The old Northeast Building?
Mr. Gary: Exactly. That is where the Conference and Convention activities
are, as well as our Public Information office.
Mayor Ferre: Has our lease time run out?
Mr. Gary: Well, it will be running out very shortly. In addition there, we
have some space that the lease will be running out pretty soon too with the
regard to the Economic Development operation, so we can use that space over
there wisely.
Mayor Ferre: What is the will of this Commission?
Mr. Carollo: I move.
Mr. Perez: I second.
Mayor Ferre: All right, it has been moved and seconded. Is there further
discussion on Resolution Number 9? Call the roll.
The following resolution was introduced by Vice -Mayor Joe Carollo, who
moved its adoption:
RESOLUTION NO. 82-761
A RESOLUTION AUTHORIZING EXECUTION OF A LEASE
AGREEMENT TO PROVIDE POR THE LEASING OF APPROXI-
MATELT 3,300 SQUARE FEET OF SPACE IN THE ALFRED
1. DuPONT BUILDING IT THE LAN DEPARTMENT AND THE
ACQUISITION OF THE LEASEHOLD IMPROVEMENTS THEREON,
IN SUBSTANTIAL ACCORDANCE WITS THE ATTACHED LEASE
AGREEMENT WITH FUNDS THEREFOR ALLOCATED FROM LAW
DEPARTMENT BUDGETED FUNDS; ALLOCATING AN AMOUNT
NOT TO EXCEED $10,000 TO COVER THE COST OF RELO-
CATING THE LAW DEPARTMENT FROM THE OLYMPIA BUILD-
iING TO THE ALFRED'I. DUPONT BUILDING AND FURTHER
ALLOCATING AN ADDITIONAL AMOUNT HOT TO LICEED
$10,000 FOR ?BE EMERGENCY ACQUISITION OF OFFICE
DICTATING EQUIPMENT -FOR SAID DEPARTMENT, WITH BOTH
OF SAID SUMS TO BE ALLOCATED FROM SPECIAL PROGRAMS
AND ACCOUNTS - CONTINGENT FUND; FURTHER AUTHORIZING
AND DIRECTING TEE CITY !TANAGER TO ARRANGE FOR THE
USE OF VACATED LAW DEPARTMENT SPACE IN THE OLYMPIA
BUILDING IT OTHER CITY DEPARTMENTS AND OFFICES -
I
d
&V
JUL f 91982
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
Mayor Ferre: George, would you interpret what that means to Mr. Garcia -Pedrosa,
that statement that Plummer made - sometimes not very intelligible, but...
(INAUDIBLE BACKGROUND COMMENT NOT PLACED INTO THE PUBLIC RECORD)
68. GRANT REQUEST FOR USE OF MARIIZE STADIUM 01-1 AUGUST 4TH BASEBALL
GAME IN HONOR OF JOSE RAMON LOPEZ.
Mayor Ferre: All right. Mr. Manager, you have one item left, right - which
is the garbage...
Mr. Carollo: Mr. Mayor, before we get into that, I would like to bring some-
thing up which just came into my hands that is, I think, a humanitarian item,
that is a request by Armando Galvan to have the use of the Miami stadium on
August 4th at the City's contribution for a baseball game that will be held,
and activities that will be held in honor of a great Latin baseball player,
Jose Ramon Lopez, who is sick right now, and very sick.
Mayor Ferre: How much is that going to cost?
Mr. Perez: I think it is $500.00.
Mr. Carollo: It is a minimal amount, Mr. Mayor.
Mayor Ferre: Do you want to make that in the form of a motion?
Mr. Carollo: I would like to make this in the form of a motion. They al-
ready have the August 4th date.
Mayor Ferre: Demetrio Perez seconds. Is there further discussion? All
right, any further discussion? Call the roll.
The following motion was introduced by Vice -Mayor Joe Carollo, who moved its
adoption.
MOTION NO. 82-762
A MOTION GRANTING A REQUEST MADE BY MR. ARMANDO GALVAN FOR
USE OF THE MARINE STADIUM ON AUGUST 4TH IN ORDER TO HOLD A
BASEBALL GAME IN HONOR OF JOSE RAMON LOPEZ.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote;
ld 154 J U L 2 91982
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
Mayor Ferre: I assume that the money that is going to be made out of this
baseball game is not going to go to anybody's pocket as a profit, but it
is going to be used for what purpose? Just for the record?
Mr. Carollo: The purpose it is going to be used for ... Mr. Galvan, can you
explain to the Mayor, please?
Mr. Armando Galvan: Mr. Mayor, Mr. Commissioners, my name is Armando Galvan,
8625...
Mayor Ferre: (COMMENT IN SPANISH) Where is the money going, that is all I
want to know.
Mr. Galvan: The money is going to the family because the baseball player
has cancer and maybe has three or four months.
Mayor Ferre: Whose family?
Mr. Galvan: The wife and the children.
Mayor Ferre: Of Lopez?
Mr. Galvan: Mr. Lopez, this is a...
Mayor Ferre: Okay, that is all I wanted to know on the record, that it is
going to the Lopez family.
Mr. Galvan: Right now he is in the Mercy Hospital. He doesn't have any
insurance and he doesn't have any income. He needs our help. Thank you so
much.
Mayor Ferre: Thank you very much.
69. GRANT FUNDING REQUEST. OKTOBERFEST N.T.E. $5,000.
Mr. Carollo: I have another one here. It is another pocket item that I just
received. The last one is a request by the Edison -Little River Association
for $5,000 for the Oktoberfest.
Mr. Plummer: Second.
Mayor Ferre: Are you moving that? Is that the Oktoberfest?
Mr. Carollo: Yes, $5,000. Plummer seconds it.
Mayor Ferre: All right, and further discussion? Call the roll.
The following motion was introduced by Vice -Mayor Carollo, who moved its
adoption.
MOTION NO. 82-763
A MOTION OF THE CITY COMMISSION GRANTING A REQUEST FOR FUNDS
IN AN AMOUNT NOT TO EXCEED $5,000 IN CONNECTION WITH THE
HOLDING OF "OKTOBERFEST".
155 JUL 291982
W,
.d
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.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
Mr. Dawkins: I don't know what the hell I have been doing up here. I just
stood up here this morning and said that we didn't have no money. The
Manager said we didn't even have the $60,000 and everytime I look up, I am
voting here for finding some money. It is ridiculous!
Mayor Ferre: Well, Oktoberfest is...
Mr. Dawkins: It is ridiculous!
Mayor Ferre: Hey, Oktoberfest we voted on every single year for the last
nine years!
Mr. Dawkins: It still does not alter the fact that I have got to keep
standing up here over and over and say that it has to go to the Festival
committee and we dcn't have no more money and the Manager says he says he
doesn't have but $60. and I mean, it just rubs me the wrong way. I voted
"yes", but it still rubs me the wrong way!
Mayor Ferre: He is right! He is right!
Mr. Plummer: Dawkins doesn't want to be anti-GermanI
Mayor Ferre: Dawkins convinced me. I vote "no"' (Laughter).
70. COMPLAINT. BLINDING SPOTLIGHTS AT 2525 CORAL WAY.
Mr. Plummer: I want to bring up an item very quickly. Mr. Mayor, I don't
know if any of you have had the opportunity to drive by 2525 Coral Way. I
don't think that building has got its Certificate of Occupancy yet. I wish
the Department would drive by that location at night. There are three huge
spotlights as you drive down Coral Way that blind you! And I would hope
before they get a Certificate of Occupancy on that building, that that matter
would be corrected.
(INAUDIBLE COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Plummer: It might, it is free.
Mr. Carollo: Well, what have you been doing driving around there at night,
Plummer?
Mayor Ferre: That is right.
Mr. Dawkins: He is a policeman.
Mr. Carollo: You have been checking out the neighborhood, huh?
Mayor Ferre: Hey, I want to talk to you, but it is 7:45 P.M. almost and we
need to finish up now. Yes, sir.
JUL 2 91982
Id
ld
71. AUTHORIZE BIDS: RELOCATION OF LAW DEPARTMENT TO LEASE SPACE
114 THE ALFRED I. DUPONT BUILDING.
Mr. Gary: Mr. Mayor, the City Attorney requested a proposal allocating ad-
ditional funds for things you want to do with regard to his move. You have
allocated the moving funds. He wants to move around August, because you are
not going to have any City Commission meetings, we need authorization to go
out for bids and award to the lowest bidder.
Mayor Ferre: I have no problems if we do that based on your personally
okaying it.
Mr. Gary: Yes, sir.
Mayor Ferre: All right, is there a motion?
Mr. Carollo: Moved.
Mayor Ferre: Moved by Carollo. Seconded by Dawkins. Further discussion?
Call the roll.
The following motion was introduced by Vice -Mayor Carollo, who moved its
adoption.
MOTION NO. 82-764
A MOTION OF THE CITY COMMISSION AUTHORIZING AND DIRECTING
THE CITY MANAGER TO SEEK BIDS FOR SERVICES REQUIRED IN
CONNECTION WITH THE RELOCATION OF THE LAW DEPARTMENT TO ITS
NEWLY LEASED SPACE AT THE ALFRED I. DUPONT BUILDING.
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.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
72. SET FORTH PROPOSED BALLOT LANGUAGE: WASTE COLLECTION SYSTEM.
Mayor Ferre: All right, Mr. Manager.
Mr. Gary: Mr. Mayor, I have before you a memorandum dated July 29th, which
is a substitute referendum language with regards to garbage and...
Mayor Ferre: I don't have that. Is that the one you passed out this morning?
Mr. Gary: Yes, it was passed out earlier.
Mr. Plummer: It is part of.that other eighty-seven tons.
Mayor Ferre: Tell me what your language is. What do you want to do?
15'7
JUL 291982
Mr. Carollo: Mr. Mayor, I just want to make it simple for the public and
not lean the wording one way or the other and every proposal that I have
gotten so far from Mr. Patterson is leaning the darn thing you know, in favor of
your pick up, the way it is being worded.
Mayor Ferre: All right, how do you want it worded so that we can get on
with this thing?
Mr. Carollo: I have, you know, expressed before this Commission, in fact
when the Commission voted unanimously to back the wording that I presented
several months ago.
Mayor Ferre: Would you read that again into the record, Mr. Patterson? It
has to be an objective. I understand Commissioner Carollo's concern. I
also understand the Administration's concern that it must be objective on
both sides, so that people know what they are voting on.
Mr. Dawkins: People have already voted down trash pick up three times, and
you are going to vote on it again. Just put on there...
Mayor Ferre: It has never been taken to the people.
Mr. Dawkins: Beg pardon? I live in the City. I voted on it two or three
times. Oh yes!
Mayor Ferre: Has this been taken up before?
Mr. Dawkins: You don't have pick up?
Mayor Ferre: No, sir.
Mr. Plummer: Yes, we had it on the ballot.
Mayor Ferre: We had a straw ballot on it?
Mr. Dawkins: Yes, sir!
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Plummer: Ho, Ho! Listen to the other country heard from over there!
Mayor Ferre: Hey, hey, hey. We are in the middle of a meeting now! All
right, Mr. Patterson, I am giving you one last chance now, to make this.
Would you speak, please, sir?
Mr. Gary: The wording as included in the original motion, which I feel is
not balanced in some of respects is Page 1. "The collection of trash and
garbage be converted to curb -side system based upon a fee to be determined
by the Director of Solid Waste. The present system of backyard pickup be
retained at a fee yet to be determined by the Director of Solid Waste, or
that we retain the present system as is." We basically don't have any
problems with one and two, Commissioner Carollo. It is the three that we
have problems with, but that is going to get on the ballot. I think we
had agreed to Number one and two, but then we started talking about dollars
and numbers. As you and I talked about last time, one and two is no problem,
but then the issue came up.
Mr. Carollo: And I thought we were going to get something that was workable
and we got something altogether different today.
Mr. Gary: Do you have any problem with one and two?
Mr. Carollo: Well, I will tell you where I am leaning. Where I am leaning
is just forget about this whole straw ballot then and decide where we are
going from here. Let me tell you where I am at.
Mr. Gary:
Mr. Carollo: I personally have no problems bringing my garbage to the front
yard. I do that two days a week when they collect my garbage anyway. But,
158 JUL 291982
where I really have a problem is what Mr. Patterson wants to do, that is as far
as the trash, where it is picked up supposedly every other week, at least, or
every week, that it is going to be limited to three times a year and then for
any extra, we have got to pay out of our own pocket.and I just don't see that
working and it would be a mess.
Mr. Gary: Well, Commissioner, we have no problem taking it off, but that is
not what the system we proposed would actually do. We have no problem taking
it off. That is not my decision, though.
Mayor Ferre: I do. We have an election coming up next year. You know that
this Commission, or at least three members of this Commission aren't about
to tackle this thing on an election year. As far as I am concerned, we need
to put this before the people, so that they can express their opinion, but it
has got to be...we cannot lie about this. The fact is...
Mr. Carollo: That is what I am getting at, we have got to be frank.
Mayor Ferre: The fact is that it is costing us twice as much to pick up gar-
bage the way we are doing it and what it costs mechanized cities to do iti
And we have got to tell the people that. Now, you know, I don't care how
you do it, as long as you let people know that if you want backyard pickup,
you have got to pay for it. Somebody has got to pay for it! Now, you want
to reduce the cost, that is fine too. but you know, you have got to put it...
and I think for us to avoid putting it on the ballot is not to let the peo-
ple express their opinion. I am willing to vote on it, but I think we are
just kidding ourselves. You know —well, I will do whatever you want to do.
Mr. Carollo: Mr. Mayor, I...
Mayor Ferre: I would rather put the burden on the people of Miami and let
them decide.
Mr. Carollo: Look, I was the one who brought the motion to bring it up so
that the people in Miami could vote on it, but how many months it has been
since I did that, I don't know - six months or more? And we are still being
played with!
Mayor Ferre: Mr. Patterson, would you read...
Mr. Carollo: You know, Clarence, everytime you come back, you want to shift
to one way.
Mayor Ferre: You are never going to get your mechanized system unless you
fight for it now, sir. Now, so for God's sake, tell us what is reasonable
that we can put on this ballot that Carollo will accept and we can vote on
it?
Mr. Carollo: Plummer, are you going or coming back or (INAUDIBLE).
Mr. Plummer: (INAUDIBLE, OFF MIKE)
Mr. Clarence Patterson: Mr. Mayor and members of the Commission, the lan-
guage you had in front of you originally on this matter is language that
was prepared by the Law Department, not by me. I am not the author of any
of the language that you have in front of you.
Mayor Ferre: Hey, it is late and we don't want to.....I accepted all
the excuses, now tell us what you want to do that we can live with.
Mr. Patterson: This was an action by the Commission to submit the straw
ballot to the citizens, Mr. Mayor and I think what the problem is is that
the wording of that...
Mayor Ferre: All right, Mr. Patterson, you are not going to answer my ques-
tion. Mr. Manager, will you answer my question?
Mr. Gary: Yes, I will. If Commissioner Carollo will agree to Items one and
two in his original motion...' .
Mr. Carollo: Will you read them again, Howard?
ld
59 JUL 2 91982
Mayor Ferre: I will read them into the record. The items one and two
in the record go as follows, okay? "That the collection of trash and gar-
bage be converted to a curb -side system based upon a fee to be determined by
the Director of Solid Waste". That is not what he said.
Mr. Gary: There are in Commissioner Carollo's initial motion.
Mayor Ferre: Joe, you don't want to put that on. Look, can we do this?
"That the collection of trash and garbage be converted to a curb -side system
based upon a fee to be decided upon by the Commission."
Mr. Dawkins: Why don't we just say, "Do you want curb -side pickup, "yes" or
"no"? If you want curb -side pickup, are you willing to pay for it, "yes" or
"no", and that is itl
Mayor Ferre: And then the same question for backyard pickup. "Do you want
backyard pickup, and if you want it, are you willing to pay for what it
costs?" Now, I will go along with that.
Mr. Plummer: (INAUDIBLE, OFF MIKE)
Mayor Ferre: Plummer, that is good.
Mr. Plummer: No, no, no.
Mayor Ferre: Oh, yes!
Mr. Plummer: Look, the question is simple, all right? And let's keep it
simple, because if you don't, you are going to complicate it and people aren't
going to understand and they are going to vote negative, whatever you put on
the ballot. I think that the proper wording should be something "Do you
wish to retain your present collection system, understanding an increased
fee to be set by the Commission?"
Mayor Ferre: No. "That you will pay the costs".
Mr. Plummer: Fine.
Mayor Ferre: Okay, or...
Mr. Plummer: Period! If they vote "no", they want the new system.
Mayor Ferre: Or, "Do you want a curb -side system at its cost" and, you
know, say...
Mr. Plummer: A negative vote would say they want the curb -side system.
Mayor Ferre: You have got to put it "either", "or". You either vote for
curb -side or you vote for ... but, you have got to pay for either one.
Mr. Gary: Good.
Mr. Dawkins: Yes, you are going to pay money if you go to the curb: you
are going to pay money to (INAUDIBLE).
Mayor Ferre: Fine.
Mr. Carollo: I just want my trash in my neighborhood to be picked up at
least once per week.
Mayor Ferre: All right. Do you want to move it that way?
Mr. Carollo: Otherwise, I am going to get it, and put it in Patterson's
office every day!
Mayor Ferre: Do you want to move it, Joe, that way?
Mr. Carollo: Mr. Mayor, for the last time, can we read it, so that everyone
can understand it?
160
ld JUL 29 1982
Mr. Plummer: (INAUDIBLE, OFF MIKE)
Mr. Carollo: It is on the September ballot.
Mayor Ferre: It is a question that goes as follows: "Do you want to retain
your present garbage pickup system, and pay the cost?", or two...
Mr. Gary: Pay the increase in cost.
Mayor Ferre: What?
Mr. Gary: Pay the cost.
Mayor Ferre: "Pay the increased cost". Okay. Or, two "Do you want a curb-
side pickup....
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: .... and pay an increased cost?" Fine, I accept that, an increased
cost.
Mr. Carollo: I make that motion, and I will make one correction for the re-
cord.
Mayor Ferre: They are both increased costs.
Mr. Carollo: I will make that motion. Let me make one correction for the
record. I had stated previously and it had been agreed that this is going
to be placed either on the November or the October ballot, not September.
I will make that correction, and I would prefer the November ballot.
Mayor Ferre: Put it on the November ballot. That gives us time to play
around with the wording again. All right, further discussion? Call the
roll.
The following motion was introduced by Vice -Mayor Carollo, who moved its
adoption.
MOTION NO. 82-765
A MOTION OF THE CITY COMMISSION SETTING FORTH PROPOSED
LANGUAGE WHICH SHALL CONSTITUTE THE CITY OF MIAMI STRAW
BALLET IN CONNECTION WITH THE CITY'S SOLID WASTE COLLEC-
TION SYSTEM, WHICH QUESTION SHALL BE SUBMITTED TO THE
QUALIFIED ELECTORS OF THE CITY AT THE NOVEMBER, 1982
ELECTION, AND WHICH READS, SUBSTANTIALLY, AS FOLLOWS:
11(1) DO YOU WANT TO RETAIN YOUR PRESENT GARBAGE
PICK-UP SYSTEM, AND IF SO, PAY THE INCREASED
COST?, or
(2) DO YOU WANT A CURB -SIDE PICK-UP SYSTEM, AND
PAY THE COST THEREOF?"
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.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
Mr. Carollo: The other thing I want to put on the record, is any Department
Head, in this case, meaning you, Clarencelwant to go out on a campaign to
push for the public to vote one way or another, I have no objections. But,
let me say this, that if you don't do it in an objective way, in explaining
=d 161 JUL UL � 1982
ld
to the public, everythine the way it really is. I am going to be ioining you,
in every program you go to, especially where you have been going to in this
Spanish community.
Mayor Ferre: All right now, we also have a rescinding resolution.
Mr. Clark: Mr. Mayor, the Clerk has informed me that she will treat that as
an accomplished fact due to your earlier vote.
Mayor Ferre: So, in other words, we don't need to vote on that?
Mr. Clark: Right.
Mayor Ferre: Is there anything else, Mr. Manager, or Mr. City Attorney, that
we need to vote on today?
73. AUTHORIZE REQUEST BY GEORGE KUNDE TO TRANSFER STOCK TO
AMERICABLE.
Mayor Ferre: All right, Mr. Kunde - into the record, you name and address and
your statement.
Mr. George Kunde: Mr. Mayor, my name is George Kunde. My address is 17401
Old Cutler Road and I would like very much to have an opportunity to submit
this to you requesting the transfer of my stock in Americable of Greater
Miami, Limited.
Mayor Ferre: Transfer it to who?
Mr. Kunde: To Charlie... well, to transfer it to two sources. One is to
Americable of Greater Miami Limited, 5% and 1% to Mr. William Hoffman, Trust
Account. He is an existing limited partner.
Mayor Ferre: Does anybody have any ... he has to by law come and get permission
from us to do that. Anybody have any objections to that? Is there any
reason why we should not do it? Mr. Clark Merrill? He owns what, 6%?
Mr. Plummer: Well, Clark Merrill is here. Clark, is there any problem with
it?
Mr. Carollo: In the record, Clark, please.
Mayor Ferre: Okay, would you step up, and on the record give us your opinion
on this?
Mr. Clark Merrill: The law says that if..I mean that the ordinance says that
if there is a transfer of ownership of 5%, it must come before the Commission
for your approval.
(INAUDIBLE BACKGROUND COMMENT NOT PLACED INTO THE PUBLIC RECORD)
Mr. Gary: No, the City must approve, which means the City Commission, must
approve.
Mayor Ferre: All right, it is moved by Dawkins. Is there a second?
Yes, sir?
Mr. Gary: I basically don't have any problems with this, but I also want
to let the City Commission know that we need to establish some criteria
by which the stock can be transferred, due to the fact that when this
City Commission adopted the original ordinance, the intent was to insure
that the rental citizens weren't going to be bought off at the end, I mean
immediately, once the ordinance was established. We basically have no
problem with that, but, I think you need to establish some criteria, so that
we can make sure that the citizens who said they want to continue to parti-
cipate in this endeavor will do so.
162
JUL 2 91982
Mayor Ferre: That is a very valid point.
Mr. Clark: Mayor, let me read from the ordinance, if I may.
Mayor Ferre: Yes, sir. Please do.
Mr. Clark: "A license shall be a privilege which is personal to the original
applicant. This license shall not be assigned or transferred, either in
whole or in part, or leased, sublet or mortgaged in any manner, nor shall
title thereto, either legal or equitable, or any right interest or property
therein, pass or vest in any person without the prior approval of the City
Commission expressed by ordinance. The proposed assignee must show financial
responsibility as determined by the City, and must agree to comply with all
the provisions of the license." Now I recognize that this isn't a transfer
of license, but let me go on. "The company shall promptly notify the City
of any actual or proposed change in, or transfer of, or acquisition by any
other party, of control of the company. The word "control" as used herein
includes not only major stockholders, general partners and limited partners,
but also includes actual working control in whatever manner exercised.."
Mayor Ferre: All right, now...
Mr. Plummer: What are you telling us, Bob?
Mayor Ferre: He hasn't said anything, so far. None of that is applicable.
Go ahead.
Mr. Clark: I may as well finish reading. It won't take that long. "The
word "control", acquisiticii, control the company shall make the license
subject to cancellation, unless and until the City shall have consented
thereto, which consent will not be unreasonably withheld. For the purposes
of determining whether it shall consent to such change, transfer or acqui-
sition or control, the City may inquire into the qualifications of prospec-
tive controlling party, and the company shall assist the City in any such
inquiry."
Mayor Ferre: None of that is applicable!
Mr. Clark: "Furthermore, a rebuttable presumption that a transfer of control
has occurred shall arise upon the acquisition or accumulation by any person
or group of persons of five (5) percent of the voting shares of the Licensee."
Mayor Ferre: Again, not applicable.
Mr. Clark: "Nothing contained herein shall attempt to limit the transfer of
stock of any Licensee whose stock is traded or recognized stock exchange
under the control of the Security Exchange." Now, my only problem that I
see in there is perhaps the expression by ordinance, but I don't think that
applies in this case, so...
Mayor Ferre: None of that is applicable that I can see.
Mr. Clark: All right, I just wanted to make sure that you were aware of what
the ordinance...
Mr. Gary: Mr. Mayor, we basically don't have any problems. I just want to
make sure that we come up and develop another ordinance in terms of the intent
of the City Commission at a later date.
Mayor Ferre: Let me tell you, I don't have any basic problem at this juncture
with what you are doing, but let me state into the record that I will be op-
posed to a mass sell -out on the part of the local proprietors of this to the
company, because that is not the purpose of why we voted on this, and I just
want to say on the record that this is the last one I would be voting for
without an awful lot of convincing. In other words, the purpose of this is
not to have some big company in Denver, Colorado with billions of dollars to
own this thing outright,'lock, stock and barrel. And in the future, whoever
wants to sell their stocks better find another local buyer, because I am not
about to vote too willingly for a buy-out by Americable, or another big com-
pany - Miami Herald, or whatever, okay?
163 JUL
29 1982
Mr. Kunde: I understand. I appreciate it.
Mr. Carollo: You got my attention at that.
Ms. Hirai: Mr. Mayor, we have a motion. We need to call the roll on it.
The following motion was introduced by Commissioner Dawkins, who moved its
adoption.
MOTION NO. 82-766
A MOTION OF THE CITY COMMISSION AUTHORIZING A REQUEST MADE
BY MR. GEORGE KUNDE TO TRANSFER 6% OF HIS STOCK IN AMERICABLE
OF GREATER MIAMI, AS FOLLOWS: (a) 5% TO AMERICABLE OF GREATER
MIAMI, LTD,: and (b) 1% TO MR. WILLIAM HOFFMAN, TRUST ACCOUNT,
AN EXISTING LIMITED PARTNER; THOUGH STIPULATING, HOWEVER, THAT
INASMUCH AS THE ORIGINAL INTENT OF THE ORDINANCE WAS TO ENSURE
THAT LOCAL PROPRIETORS WOULD NOT BE BOUGHT OFF BY LARGE CORP-
ORATIONS IMMEDIATELY AFTER PASSAGE OF THE ORDINANCE, THE CITY
MANAGER WAS INSTRUCTED TO DEVELOP PROPOSED CRITERIA BY WHICH
STOCK COULD BE TRANSFERRED IN THE FUTURE, SAID CRITERIA TO BE
BROUGHT BACK FOR THE COMMISSION'S CONSIDERATION AND APPROVAL.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissione; J. L. Plummer, Jr:
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
74. DEFER REQUEST OF JOANNE HEPMANOWSKI ON TRANSFER OF STOCK TO
SEPTEMBER LOTH.
Mayor Ferre: Is there anything else?
Ms. Joanne Hermanowski: My name is Joanne Hermanowski and I live at 17301
Old Cutler Road, Miami. I am here representing my husband, who was unable
to make it. I believe also our schedule for today was the approval of his
prior transfer to some minority, making up 1% to be divided among various
parties - Dr. W. A. Patterson, Reverend Richard Barry and Mrs. Aurel Casilva
and 1% to Mrs. J. J. Westerbrant.
Mayor Ferre: We are not going to take that up at this time, Mrs. Hermanowski.
It is 8:00 o'clock at night. I don't know who these people are or what the
purpose of all this is. It needs further explanation. I don't know what
this is all about.
Ms. Hermanowski: It had originally, the first...
Mayor Ferre: Has the City Attorney looked at it? Does the Administration know
anything about it? Does it have your approval? We are not, you know ... we will
take it up on September loth, okay? Thank you very much.
164
A
JUL 291982
75. PERSONAL APPEARAIiCE: LAWRE14CE MARKS REGARDING NEW COMPREHENSIVE
ZONING ORDINANCE.
Mr. Lawrence Marks: I am sorry, I just want to take one second to ask a ques-
tion for clarification. I waited this whole meeting for this one question.
When you all passed on first reading tonight the new comprehensive plan, there
was a correction proffered by Mr. Carlos regarding a point where there was
supposed to be a .5, which Mr. McManus acknowledged. Is that now clarified?
Mayor Ferre: No, sir, it is not clarified. Nothing is clarified until it is
finished.
Mr. Marks: Oh. Thank you.
Mayor Ferre: We have a second hearing and after this Commission votes on it
a second time, then it is clarified.
Mr. Marks: Thank you.
Mayor Ferre: Okay. We stand adjourned.
ADJOURNMENT
There being no further business to come before the City Commission,
on motion duly made and seconded, the meeting was adjourned at 8:58 P.M.
MAURICE A. FERRE
Mayor
Acting City Clerk
• ,���I�I
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Id JUL 2 91982
6.
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ITEM NOI DOCUMENT IDENTIFICATION
MEETIN10 OATS:
REGULAR/P & Z: JULY 29, 1982
COMMISSION RETRIEVAL
1
CONDOLENCES AND SYMPATHY TO FAMILY OF DETECTIVE
CHERYL SEIDEM.
R-82-715
82-715
2
CONDOLENCES AND SYMPATHY TO FAMILY OF CAPTAIN
CHARLTON HUTTOE.
R-82-716
82-716
3
CONDOLENCES AND SYMPATHY TO FAMILY OF CONNIE
DINKLER.
R-82-717
82-717
4
ONE YEAR EXTENSION OF VARIANCE MULTI STORY 553 ROOMS
HOTEL PARKING STRUCTURE-1744-1756 N. BAYSHORE DRIVE.
R-82-719
82-719
5
AUTHORIZE INSTALLATION OF GREASE TRAP -DOWNTOWN
BURDINES STORE.
R-82-722
82-722
6
APPOINT CERTAIN INDIVIDUALS TO CODE ENFORCEMENT BOARD.
R-82-727
82-727
7
PROVIDE FOR SPECIAL ELECTION OCTOBER 5, 1982:
-
PROPOSED CHARTER AMENDMENTS.
R-82-728
82-728
8
AUTHORIZE CONTINUED EMPLOYMENT OF LAW FIRM OF STEEL,
HECTOR, DAVIS SPECIAL COUNSEL FOR CLAIMS ARISING
OUT OF CONVENTION CENTER.
R-82-729
82-729
9'
AUTHORIZE ISSUANCE OF BUILDING PERMIT:DOWNTOWN
COMPONENT OF METRORAIL MAINTENANCE FACILITY.
R-82-730
82-730
10
ACCEPT BID: SEPCIAL POLICE VEHICLES.
R-82-731
82-731
11
EXTEND TERM OF AGREEMENT: PUBLIC HEALTH TRUST OF
DADE COUNTY COORDINATION OF HEALTH SERVICES.
R-82-732
82-732
12
FORMALIZING RESOLUTION: ALLOCATE $90,000.00 TO A.S.T.A.
52ND ANNUAL WORLD CONGRESS/AMERICAN SOCIETY OF TRAVEL
AGENTS.
R-82-733
82-733
13
APPOINT FAUSTO LAVILLA AS OFFICIAL REPRESENTATIVE
FEDERATION OF IBERO AMERICAN PRESS ASSOCIATION
IN SPAIN (FORMALIZING RESOLUTION).
R-82-734
82-734
14
FORMALIZING RESOLUTION. ELECTING AND APPOINTING
JOSE R. GARCIA PEDROSA AS CITY ATTORNEY AND
ESTABLISHING ANNUAL SALARY AND EXPENSE ALLOWANCE.
R-82-735
-82-735
15
FORMALIZING RESOLUTION. GRANT FUNDS FOR
THE THIRD ANNUAL OVERT014N COMING ALIVE FESTIVAL.
R-82-736
82-736
16
FORMALIZING RESOLUTION. ALLOCATE $20,000.
CITY OF MIAMI CARIBBEAN CONFERENCE WITH STIPULATIONS.
R-82-737
82-737
17
FORMALIZING RESOLUTION. ALLOCATE $35,000.
PROMOTION FUNDS FOR MIAMI DESIGN PLAZA MERCHANTS
ASSOCIATION.
R-82-738
82-738
18
FORMALIZING RESOLUTION: GRANT FUND•REQUEST:
FLORIDA EXPORTERS AND IMPORTERS ASSOCIATION
$10,000. GRANT BASIS/$10,000. SUPPLEMENTAL
FUNDS.
R-82-739
82-739
uv�u ir��n r
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CON-TINUED PAGE # 2
ITEM NO. DOCUMENT IDENTIFICATION C
19 FORMALIZING RESOLUTION. STIUPLATE INTENT TO MOVE ACTION
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
LIBRARY BUILDING.
FORMALIZING RESOLUTION: EXPRESS INTENT OF CITY
COMMISSION TO ADOPT CHARTER AMENDMENTS CONCERNING
LEGISLATIVE GOVERNANCE.
APPOINTMENTS TO CITY OF MIAMI FESTIVAL ADVISORY
COMMITTEE.
AUTHORIZE PURCHASE OF OPERATING EQUIPMENT FOR
CONVENTION CENTER
APPOINTMENTS TO CITY OF MIAMI HERITAGE
CONSERVATION BOARD.
ACCEPT BID: PRINTING 4,000 COPIES OF 32 PAGE ANNUAL
REPORT POLICE DEPARTMENT.
ACCEPT BID: 250 PLASTIC TOTE BARRELS SOLID
WASTE DEPARTMENT.
RESCIND RESOLUTION 82-603-INSTANT PUBLIC OPINION
POLLING THROUGH USE OF CABLE T.V. SYSTEM.
PERMIT ADDITION TO EXISTING STRUCTURE: 100 S.E.
4TH STREET TO BE: DALLAS PARK HOTEL.
GRANT APPLICATION: VACATION AND CLOSURE OF S'ly
PORTION OF BIFURCATION S.E. 13 ST. BETWEEN BRICKELL
AVE. AND S.E. BAYSHORE DRIVE -TENTATIVE PLAT 114E
UCP.SUB.
GRANT APPLICATION: VACATION AND CLOSURE OF N.W. 11 PL.
AND NORTHERLY RIGHT OF WAY OF N.W. 33 ST.
TENTATIVE PLAT 1159 "ALLAPATTAH STATION".
APPROVE IN PRINCIPLE: SOUTHEAST OVERTOWN/PARK
WEST COMMUNITY REDEVELOPMENT PLAN
APPROVE IN PRINCIPLE: KING HEIGHTS COMMUNITY
REDEVELOPMENT PLAN N.W. 12 AVE. EAST, N.W. 17TH AVENUE
WEST, N.W. 62 STREET. NORTH, N.W. 58 TERRACE, SOUTH.
ACCEPT PLAT: HIGHLAND PARK DRIVE SECTION ONE.
ACCEPT PLAT: JACKSON TOWER SUBDIVISION.
AUTHORIZE AGREEMENT: 5,500 SQ. FT. ALFRED I. DUPONT
BUILDING FOR RELOCATION OF THE LAW DEPARTMENT.
R-82-740
R-82-741
R-82-742
R-82-743
R-82-744
R-82-745
R-82-746
R-82-748
R-82-752
I
R-82-753
R-82-754
R-82-755
R-82-756
R-82-758
R-82-759
R-82-761
82- 740
82-741
82-742
82-743
82-744
82-745
82-746
82-748
82-752
82-753
82-754
82-755
82-756
82- 758
82-759
82- 761