HomeMy WebLinkAboutCC 1982-04-22 MinutesCITY Of A-PtIAM,l
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OF MEETING HELD ON April 22. 1982
(REGULAR) (P & Z)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G.. ONGIE
CITY CLERK
aro
CIIY'L�M'�ISSIffAMI, &DA
rso'n m,APRIL 22, 1982 S�� REGULI AR- P S Z cE l0iy I PAGE W —
1 BRIEF COMMENTS ON SISTER CITY TRIP BETWEEN THE CITY
OF CORAL GABLES AND CARTAGENA.
DISCUSSION
1
2 DISCUSSION IN CONNECTION WITH PROPOSED REALIGNMENT
OF''THE DEPARTMENT OF TRADE AND COMMERCE.
M-82-328
1-4
3 BRIEF DISCUSSION ITEMS:
A) ACCEPT INVITATION OF SISTER CITY IBIZA TO ATTEND
TO THEIR MAIN EVENT ON JUNE 6
B) ORGANIZE DELEGATION TO GO TO MADRID, SPAIN IN
CONNECTION WITH TRADE DEVELOPMENT.
M-82-329
4-6
3.1 BRIEF DISCUSSION ITEM: PETITION THE TOURIST
DEVELOPMENT CORPORATION FOR FUNDS INRE: TRADE
6
MISSION TO MADRID, SPAIN.
M-82-330
4 APPOINT TASK FORCE COMMITTEE TO WORK IN CONNECTION
WITH THE TRADE-MISION DELEGATION GOING TO MADRID,
SPAIN.
DISCUSSION
8
5 BRIEF DISCUSSION: MANAGER INFORMS CITY COMMISSION OF
A LABOR WALK OUT AT THE CONVENTION CENTER PROJECT
_
SITE
DISCUSSION
8
6 BRIEF DISCUSSION: A.S.T.A. CONVENTION REQUEST IN
CONNECTION WITH CONVENTION CENTER PREMISES.
DISCUSSION
8
7 DISCUSSION IN CONNECTION WITH PROPOSED AMENDMENT
TO A PROPOSED BILL IN CONNECTION WITH INTENDED
USE OF REVENUES DERIVING FROM A 1C SALES TAX
OPTION.
M-82-331
9-11
8 EXTEND DEADLINE FOR RECEIPT OF APPLICATIONS IN
_
CONNECTION WITH FORTHCOMING VACANCY FOR POSITION OF
_ CITY ATTORNEY.
M-82-332
11-12
9 CITY COMMISSION OBJECTS TO DEPORTATION OF CLARA
_
NUNEZ, WHO HAD REACHED THE U.S. AS A STOWAWAY.
R-82-333-A
12-13
10 SEND CABLE TO PRESIDENT RONALD REAGAN URGING
.RESOLUTION OF KROME AVENUE SITUATION.
R-82-333-B
12-13
11 APPROVE IN PRINCIPLE REQUEST FROM LATIN CHAMBER OF
COMMERCE IN CONNECTION WITH A "HEMISPHERIC
CONFERENCE" AND TO MAINTAIN A PERMANENT SECRETARIAT
IN MIAMI FOR THE. CONFERENCE -APPROVE REQUEST FOR FUNDS
- WITH SLIGHT INFLATIONARY ADJUSTMENT.
M-82-334
14-15
12 COMMEND MR. JOAQUIN BLAYA ON HIS RECENT APPOINTMENT
AS PRESIDENT OF "SPANISH INTERNATIONAL NETWORKS".
M-82-335
15-16
13 CITY COMMISSION REQUESTS EXPLANATION FROM TELEVISA
IN CONNECTION WITH PORTION FROM CARNAVAL 82
COVERING THE COMMISSIONER DEMETRIO PEREZ'S
PRESENTATION.
M-82-336
17-20
14 DISCUSSION IN CONNECTION WITH PROPOSED TRIP OF THE
CITY COMMISSION TO GO TO BALTIMORE AND BOSTON TO SEE
THEIR DEVELOPMENT OF THE WATERFRONT.
DISCUSSION
20-21
15 ACCEPT BID OF SUNSET ENTERPRISES, INC. FOR "MARINE
STADIUM -BOAT RAMPS REPAIRS 1982" IN THE PROPOSED
— AMOUNT OF $17,200.00.
R-82-337
22
M NO,
16
17
18
19
20
21
22
23
24
25
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27
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APRIL 22, 1982 SMELT REGULAR - P & Z
DEFERRAL OF CONSIDERATION OF
A) FIRST READING ORDINANCE IN CONNECTION WITH
HERITAGE CONSERVATION INTERIM ZONING DISTRICT.
B) _RESOLUTION ACCEPTING PLATT ENTITLED "CHULAVISTA
CENTER"
SECOND READING ORDINANCE: APPLICATION BY SPANISH
INTERNATIONAL COMMUNICATIONS CORPORATION (CHANNEL 23)
CHANGE ZONING AT 735-737 N.W. 25 COURT FROM R-2
TO C-2.
SECOND READING ORDINANCE: APPLICATION BY ARGUS TRADE
REALTY AND INVESTMENT, INC.-CHANGE ZONING OF 2150
CORAL WAY (3 LOTS) FROM R-C TO C-2.
SECOND READING ORDINANCE: CHANGE ZONING OF AREA
BOUNDED BY N.W. MIAMI, N.E. 2ND AVENUE AND N.E.
41 STREET FROM R-C TO C-5.
SECOND READING ORDINANCE: AMEND 6871-ADD NEW ARTICLE
XXI-6 DESIGN PLAZ A OVERLAY DISTRICT (SPD-4)
PROVIDING FOR EFFECT OF F.A.R.-BONUS PROVISIONS.
SECOND READING ORDINANCE: CHANGE ZONING OF 1484-1500
N.W. 3RD AVENUE FROM R-4 TO G-U
FIRST READING ORDINANCE: APPEAL BY A & A GLASS AND
MIRROR, INC. FOR CHANGE OF ZONING AT 2884 S.W. 7th
STREET FROM R-2 TO C-4.
FIRST READING ORDINANCE: AMEND 6871- ART. III, ZONIN
DISTRICTS. SEC. 1, ADD "SPD-5 HERITAGE CONSERVATION:
RESIDENTIAL OFFICE SPECIAL OVERLAY DISTRICT".
FIRST READING ORDINANCE: ADD NEW ART. XXI-5
HERITAGE CONSERVATION: RESIDENTIAL OFFICE SPECIAL
OVERLAY DIST"(PROVIDING FOR INTENT, PRESERVATION
OF HISTORIC STRUCTURES, USE REGULATIONS, ETC.)
FIRST READING ORDINANCE: APPLY PROPOSED "SPD-5-
HERITAGE CONSERVATION: RESIDENTIAL OFFICE SPECIAL
OVERLAY DISTRICT" TO:
A) PETIT DUOY AT 1500 BRICKELL AVENUE
B) WARNER HOUSE AT 111 S.W. 5th AVENUE.
AMEND WATSON ISLAND DEVELOPMENT ORDER (APPROVED BY
R-80-525 OF JULY 10, 1980).
RESCIND R-82-183 PASSED ON 2/25/82 APPOINTING SIX
ENVIROMENTAL PRESERVATION REVIEW BOARD MEMBERS;
KEEPING TWO NEW MEMBERS (MEETING CODE CRITERIA) AND
APPOINTING FOUR NEW MEMBERS.
CONTINUE PUBLIC HEARING ON APPEAL BY APPLICANT
(MIAMI HERALD PUBLISHING CO.) OF ZONING BOARD'S
DENIAL OF VARIANCES ON SETBACKS AND F.A.R. TO THE
MAY 27TH CITY COMMISSION MEETING.
PAGE # 2
raowri o3o, I PAGE NO
DEFERRED
M-82-338
ORD, 9407
ORD. 9408
ORD. 9409
ORD. 9410
ORD. 9411
FIRST READING
FIRST READING
FIRST READING
FIRST READING
R-82-339
R-82-340
M-82- 341
22
22-24
24-25
25-26
26-27
27-28
28-29
29-32
33-37
38-39
39
40-42
44-46
46-52
i NO,
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L
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38.1
39
*It81EX
CIIY'6T1SSICffOFTt1A111, &IDA
APRIL 22, 1982 SLL ECT REGULAR - P & Z
DISCUSSION AND TEMPORARY DEFERRAL OF APPEAL BY
PROPERTY OWNERS WITHIN 375 FEET OF THE SUBJECT
PROPERTY OF ZONING BOARD'S GRANTING OF CONDITIONAL
USE. -TO PERMIT OPEN PARKING LOT AT INTERSECTIONS
OF S.W. 32ND AVENUE AND 7th STREET AS AN ACCESSORY
TO KOKLAS AUTOMOTIVE, INC. (SEE LABEL 34).
RECEIVE AND OPEN BIDS FOR "CITYWIDE W. 57 AVENUE
SANITARY SEWER IMPROVEMENT PROJECT".
PRESENTATIONS, PROCLAMATIONS, AND SPECIAL ITEMS.
APPLICATION BY CORAL GATE TWIN VILLAGE INC. FOR A
ONE YEAR EXTENSION OF CONDITIONAL USE TO PERMIT A
DEVELOPMENT OF A P.U.N. AT 3400 S.W. 16th TERRACE.
APPLICATION BY UNION MANAGEMENT GROUP SERVICE
INC. FOR ONE YEAR EXTENTION OF VARIANCES ON LOT
COVERAGE NO. AND SO. SIDE YARD SET BACK AT
1852 NO. BAYSHORE DRIVE.
(CONTINUED DISCUSSION): DISCUSSION AND TEMPORARY
DEFERRAL OF APPEAL BY PROPERTY OWNERS WITHIN 375
FEET OF THE SUBJECT PROPERTY OF ZONING BOARDS'
GRANTING OF CONDITIONAL USE TO PERMIT OPEN PARKING
LOT AT INTERSECTIONS OF S.W. 32ND AVENUE AND 7TH
STREET AS AN ACCESSORY TO KOKLAS AUTOMOTIVE, INC.
(SEE LABEL 29).
ALLOCATE $31,000 (FROM C.D. FUNDS EARMARKED FOR
HERITAGE CONSERVATION) "BLACK ARCHIVES, HISTORY
AND RESEARCH FOUND OF SO. FLORIDA INC."-ALLOCATE
$70,000. TO PLANNING DEPARTMENT FOR CITY WIDE
ADMINISTRATION OF HERITAGE CONSERVATION.
DISCUSSION OF APPRAISAL OF ORANGE BOWL AND MARINE
STADIUM -AUTHORIZE MANAGER TO ENGAGE APPRAISER TO
DETERMINE FAIR MARKET VALUE OF PROPERTIES.
DISCUSSION OF SUMMER TRASH COLLECTION PROCESS -
AUTHORIZE MANAGER TO EXPEND $450,000 IN CONNECTION
WITH PROGRAM; FURTHER APPROVING FLYER FOR
COMMUNITY DISTRIBUTION RE: GUIDELINES FOR REFUSE
DISPOSAL.
(CONTINUED DISCUSSION): DISCUSSION OF CITY ATTORNEY
SELECTION PROCESS. EXTEND DEADLINE FOR RECEIPT
OF APPLICATIONS TO MAY 21, 1982 (SEE LABEL 8).
END OF VOTE AND DISCUSSION OF SUMMER TRASH COLLECTION
EMERGENCY ORDINANCE: AMEND 1 AND 5 OF 9321
(ANNUAL APPROPRIATION) ALLOCATE $250,000. FOR CITY
OF MIAMI CONVENTION BUREAU, TO REINFORCE ITS
ACTIVITIES AND TO HIRE ADDITIONAL STAFF AND INCREASE
PROMOTIONAL SERVICES.
PAGE # 3 .
pRDI NMCE
KESOLUT t a4 , PAGE N0,
DISCUSSION
53-60
M-82-341.1
60-61
DISCUSSION
62
R-82-342
R-82-343
R-82-344
M-82-345
R-82-346
M-82-347
DISCUSSION
DISCUSSION
ORD. 9412
62-63
63-64 -
64-70
1 70-77
77-79
79-81
81
81
81-82
~;
40
41
41.1
42
43
44
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CIIO(ISSIffMIAMI, 4
FtDRIDA PAGE �f
APRIL 22, 1982 SLLECT REGULAR - P 6 Z rso"L"mTclo&A. I PAGE NO
EMERGENCY ORDINANCE: AMEND 1 AND 5 OF 9321 (ANNUAL
APPROPRIATIONS) INCREASE PLANNING ZONING BOARDS
ADMINISTRATION DEPARTMENT BY $41,143. CHARGES
FOR*SERVICE8 (PUBLIC HEARING FEES).
RATIFY CITY MANAGER'S AUTHORIZATION OF DANMARK, INC.
TO COMPLETE THE EMRGENCY WAGNER CREEK OIL REMOVAL
AT A COST OF $7,291.23.
DEFERRAL OF CONSIDERATION OF PROPOSED ACCEPTANCE OF
BID FOR "RENTAL OF 25 AUTOMOBILES FOR ONE YEAR FOR
THE POLICE DEPARTMENT.
ACCEPT BID FROM BETTER CONSTRUCTION INC. FOR
"JOSE MARTI" RIVERFRONT PARK $1.910,534.00.
DISCUSSION AND DEFERRAL OF PROPOSED ACCEPTANCE
OF BIDS FROM LITTON OFFICE PRODUCTS FOR $56,425.69
IN CONNECTION WITH CONVENTION CENTER FURNITURE.
AUTHORIZE CONTINUED EXPENDITURE OF FUNDS FOR
CONSTRUCTION MANAGEMENT SERVICE AGREEMENT FOR
CONVENTION CENTER ON A MONTH TO MONTH BASIS.
GRANT REQUEST MADE BY HOLYWELL CORPORATION FOR A
MONTH TO MONTH EXTENSION OF TEMPORARY USE OF BAND -
SHELL AREA IN BAYFRONT PARK.
BRIEF DISCUSSION IN C0NNECTION WITH NEW LEGISLATION
RE: CONCEALMENT OF GUNS.
DISCUSSION ON PROPOSED CHANGES TO PRESENT GUIDELINES
CONTROLLING ABSENCES OF BOARD MEMBERS AT THE
PLANNING ADVISORY BOARD/ZONING BOARD MEETINGS.
BRIEF STATUS REPORT BY STAFF
ON CONSTRUCTION OF THE
WEST COURTYARD ROOF PROJECT
AT THE COCONUT GROVE EXHIBITION CENTER.
APPROVE IN PRINCIPLE RELOCATION AND EXPANSION OF
CHRISTIAN HOSPITAL. DIRECT CITY MANAGER TO PROCEED
WITH THE APPLICATION FOR AN URBAN DEVELOPMENT ACTION
GRANT IN CONNECTION THEREWITH.
BRIEF DISCUSSION IN CONNECTION WITH PRESENT LEASE
AGREEMENT OF RENTAL VEHICLES BY POLICE DEPARTMENT.
SECOND READING ORDINANCE: AMEND 6871-ART. IV.SEC. 26
PERMIT TRANSITIONAL USES FOR ANY LOT IN AN R-1
DISTRICT.
FIRST READING ORDINANCE: AMEND 6871-ART. XXX, SEC.
14(1) AND 15(1)-TIME LIMITATIONS OF REZONING
APPLICATIONS.
FIRST READING ORDINANCE: AMEND 6871- ART. XXXII
(CONDITIONAL USE)SEC.4 (APPEALS FROM DECISIONS
OF ZONING BOARD), PARA. 2; PERSONS AGREED BY CITY
COMMISSION ACTION MAY SEEK RECOURSE GY FILING FOR
A WRIT OF CERTIORARI.
ORD. 9413
R-82-348
DEFERRED
R-82-349
DISCUSSION
R-82-350
M-82-351
DISCUSSION
M-82-352
DISCUSSION
R-82-353
DISCUSSION
ORD. 9414
FIRST READING
FIRST READING
83-84
85
85-86
86
86-87
87
88-89
1 89-90
1 90-91
1 91-92
1 93
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1 96-97
f t
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10 No,
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III
ANVITUR1,7FlDRII14
APRIL 22, 1982 SUBJECT REGULAR - P & Z
FIRST READING ORDINANCE: AMEND 6871. ART. XXXI
(VARIANCES) SEC. 6 (APPEALS FROM DECISIONS OF
ZONING BOARD) PARA.2; PERSONS AGREED BY CITY
COMMISSION ACTION MAY SEEK RECOURSE BY FILING FOR A
WRIT OF CERTIORARI.
FIRST READING ORDINANCE: AMEND 6871. ART. IV
SEC. 23 (DOCKS, WHARFS AND DOCKAGE) SUBSEC. 2
PARA. A AND B; SUBSECS. 2 AND 3 -
PROVIDE THAT SETBACK REQUIREMENTS MAY BE MODIFIED OR
SET ASIDE BY PROVISION OF PUBLIC BENEFIT.
FIRST READING ORDINANCE: AMEND 6871- ART XI-2
(LOCAL COIDIERCIAL) C-1 PERMIT DOCKS AND PIERS TO
EXTEND BEYOND 25 FEET UPON CONDITIONAL USE APPROVAL.
CONTINUED DISCUSSION ON COMMISSIONS'S TRIP TO
BOSTON/BALTIMORE RE: WATERFRONT DEVELOPMENT
(SEE LABEL 14).
BRIEF DISCUSSION IN CONNECTION WITH "JOSE MARTI"
RIVERFRONT PARK.
COMMISSION STIPULATES THAT, IN CONNECTION WITH
REGULATION HERITAGE CONSERVATION ISSUES, OWNER
OF PROPERTIES DESIGNED AS HISTORIC SHALL ULTIMATELY
MAKE THE DECISION AS TO WHETHER OR NOT HE WANTS
IT DEMOLISHED.
FIRST READING ORDINANCE: AMEND 6871. ART. IV -
NEW SEC. 46: "HERITAGE CONSERVATION (H.D.)
FIRST READING ORDINANCE: AMEND CODE CHAPTER
62 (ZONING AND PLANNING): ADD NEW ART. VII.
HERITAGE CONSERVATION BOARD.
FIRST READING ORDINANCE: AMEND CODE CHAPTER 17
9ENVIROMENTAL PRESERVATION); DELETE SEC. 17-4
ENVIROMENTAL PRESERVATION REVIEW BOARD AND SUBSTITUTE
HERITAGE CONSERVATION BOARD; ETC.
GRANT REQUEST MADE BY THE CARVER FAMILY Y.M.C.A. FOR
THE CITY OF MIAMI LIFE MEMBERSHIP.
GRANT.VARIOUS REQUESTS MADE BY MERCHANTS/PROPERTY
OWNERS AND THE COMMUNITY CRIME WATCH ORGANIZATION FOR
LITTLE HAVANA IN CONNECTION WITH DOMINO PARK.
BRIEF DISCUSSION ON RESIGNATION LETTER RECEIVED
FROM ARMANDO CODINA, OF THE CITY OF MIAMI/
JAMES L. KNIGHT INTERNATIONAL CONVENTION CENTER
ADVISORY COMMITTEE.
CHANGE CITY COMMISSION MEETING DATES FROM MAY 13th
TO MAY 11th AND FROM JUNE loth TO JUNE 17th.
BRIEF DISCUSSION ITEM: IN CONNECTION WITH REQUEST
FOR FUNDS BY THE INTER-AMERICAN CHAMBER OF COMMERCE
FOR THE LITTLE HAVANA AREA.
INCREASE APPROPRIATIONS FOR THE MAYOR'S OFFICE
FOR INCREASE OF ONE MEMBER TO THE STAFF.
PAGE # 5
Resowttay No, I PAGE N06
FIRST READING
FIRST READING
FIRST READING
i
DISCUSSION
ISCUSSION
I
i
-82-354
FIRST READING
I97-98
98-99
99-100
100
1100
101-109
1109
FIRST READING 1110
FIRST READING 1 110-112
M-82-355 1112-113
M-82-356 1113-119
(DISCUSSION 1119
JR-82-357 1119
DISCUSSION 1120-122
IM-82-358 1122
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 22nd day of April, 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 9:00 A.M., by Mayor Maurice Ferre
with the following members of the Commission found to be present:
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
ALSO PRESENT WERE:
Howard V. Gary, City Manager
George F. Knox, CI ty Attorney
Matty Hirai, Assistant City Clerk
An invocation was delivered by Mayor Ferre, who then led those
sent in a pledge of allegiance to the flag.
1. BRIEF COMMENTS ON SISTER CITY TRIP BETWEEN THE CITY OF
CORAL GABLES AND CARTAGENA.
Mayor Ferre: We have several pocket items. We don't have a full Commission,
so we may have to wait until we have a full Commission and let everybody have
a shot at the pocket items. But do you have anything in particular, Miller,
that you want to bring out at this time? If you do r,is afternoon, after the
2:00 O'clock presentations, I'll recognize you at that time. We'll play it a
little bit loose today on that. Is that all right with you, J.L.? Do you
have any pocket items you want to bring out?
Mr. Plummer: Mr. Mayor, just for the record, I would like to extend to the
members of the Commission there is a trip that is going to be made on the
5th of May, on the 25th anniversary of the Sister City Pro¢ram between the
City of Coral Gables and the City of Cartagena. They would like if any one
of you or anyone who would like to make the trip to join with them in that
celebration. It leaves on Wednesday, May the 5th and returns I think on the
9th, which I think is Sunday. So I just make that announcement to you that
that trio is uvcomine.
2. DISCUSSION III CONNECTION WITS PROPOSED REALIMIMENT OF
THE DEPARTIMNT OF TRADE AND COMMr^.CE.
Mayor Ferre: O.K. We have a memorandum from the City Manager requesting an
answer to our statement on the Department of Trade & Commerce's functions.
Mr. Perez: Mayor, could I ask you a question?
Mayor Ferre: Yes.
Mr. Perez: Did you mention something about the pocket items?
Mayor Ferre: Yes, that's what we're in, that's what we're doing right now.
Mr. Perez: Right now? But I think that we have the Committee of the Whole
in the afternoon, no?
Mayor Ferre: Yes, but as you recall, the rules we set up, in the morning when
we begin we can have a half hour of pocket items. And that's what I'm doing.
I have a pocket item.
', j A PP tuu'�
Mr. Perez: Oh, but it is possible that we have some pocket items in the
afternoon?
Mayor Ferre: 1 hope we don't get into the habit of doing that. But for this
time, one time, O.R.?
Mr. Perez: Yes, all right, the reason is that we have been using the media
in the morning, some people from the Little Havana, a property owner that
is supposed to be here in the afternoon. And I would like, if you don't
have any inconvenience...
Mayor Ferre:.•I don't have any problem...
Mr. Plummer: Well, Mr. Mayor --
Mayor Ferre: I am in the middle of trying to explain something. Wait, I'm
in the middle of making a statment and I want to finish it.
Mr. Plummer: When you conclude.
Mayor Ferre: The Manager has sent to the members of of the Commission, an
April 15th memorandum recommending realignments of the Department of Trade
6 Commerce. I am supportive of the thrust of what the Manager is recommending.
I am concerned about taking a department and splitting it in half, and making
it ... of weakening it by not having sufficient people. I don't know that
that is the case. Trade & Commerce is much tooimportant for us to play games
with. I think we have to... and I'm not saying that we're playing games here,
I'm just saying that we have to be careful that we don't weaken it to a point
where it's not effective. I, for one, have no problem in strengthening that
department if it needs to be strengthened, Mr. Manager, so that we can have
the proper people. I do think, and I must say, on the record, that I am
impressed with Charlotte Gallogly's administrative abilities. I think that
she is a much better administrator than I had perceived. I think that she
is a forcefull person. She is a good administrator. She doesn't really know
too much about Trade 6 Commerce. And you really need to have someone, who
when he or she hits the ground, hits that particular ground running with a
track record of having done that job before, which is not the case with
Charlotte. But until you get a real hot shot, I think she can administer
that department well. And I don't think we should rush into this, but
neither do I think that we should wait four, or five, or six months to find
that person. Obviously, we can find somebody that is in tuned with the
Caribbean and Latin America, which is really, I'm not saying that Japan is
not important, or that France is not important, or Germany, but I think that
the thrust should really be in the Caribbean and Latin America. We have a
pending trip to Jamaica. I talked to Charlotte Gallogly about that. Miller,
I don't know whether you have yet, she told me she was going to go visit with
you, but this is something we have pending. We've done nothing with Jamaica.
There are a lot of people asking: "When are we going to do something with
Jamaica?" On the other hand, I don't want to go to Jamaica just for a picture
session and to get to the front page of the Gleamer or something, you know.
I think it has to be substantive, and I told Charlotte that I don't mind
putting it off for three o: six months or whatever, so that when we do it,
we do it intelligently and we get something out of it. But if any of you
have any ideas of the business community in Jamaica, or the banking community,
I know several of the important bankers, industrialists in Jamaica and I've
given her the names, but if you have any ideas, I think it would be very,
very helpful.
Mr. Dawkins: I agree with the Mayor in that I'm disatisfied with the people
who went to Africa in that they did not come back with anything in my opinion
of substance; that is, letters of agreement, or letters of intent. So what
the Mayor is saying is thEt there is no sense in us going there to sun, because
I have my permanent tan, sc when we go down there, we would have to go down
and come back with something that we can sink our teeth.
112 APR 221982
. r 6
Mr. Gary: Mr. Mayor --
Mayor Ferre: (OFF MIKE) Do you want us to pass a motion on this, Howard?
Mr. Gary: Yes, sir. I'd like to also say, Mr. Mayor, that nothing we do
is cast in stone. It is my opinion that once we get this hot shot international
trade expert to head the department, then we would also give him the latitude to
develop that department. He may come in and say, "instead of having five dogs,
I want five cats, or ten cats." So it is flexible in terms of expansions and
modifications.
Mr. Plummer: All right, Mr. Gary, since we're not going to be passing anyting
here this morning, well, Maurice, let me tell you where I have a problem.
As you know I have been opposed to the creation of more and more departments
because when you do that, I am concerned as an individual about the expense
incurred. I question seriously, Mr. Gary, the need to create a new department.
I tell you why, we presently are spending about $1,zuu,uuu in economic
development under Community Development. And I think --
Mayor Ferre: (OFF MIKE) How much?
Mr. Plummer: A million two, isn't it?
Mayor Ferre: (OFF MIKE) Well, I'll do it that way, I'll go along with you.
Mr. Plummer: In other words, what I'm saying is this. If in fact economic
development has been existing under Community Development, there is a million
two hundred thousand that is being devoted at this time, it would seem logical
to me that you would proceed along the lines of stiffening that segment that
is already in place, already being used. And I would like, before we pass
anything here, that we discount why that can't be, rather than the creation of
a new department.
Mr. Gary: Mr. Mayor, if I could respond to that.
Mayor Ferre: Go ahead.
Mr. Gary: :irst of all the one million two hundred thousand that Commissioner Plummer
is using, is a figure that is being utilized presently by Trade & Commerce.
It is not being administered by Community Development. Community Development
is not involved in economic development activities. Its primary functions
right now are housing and social service programs.
Mr. Plummer: But it can be changed. As you said, it's not cast in stone.
Mr. Gary: If I may, I think the Commission, primari4 those who were in election
last year stated that they were very concerned about economic development, parti-
cularly in terms of the neighborhoods, and that came up at the last meeting.
And I think the emphasis has to be placed on economic development without
sacrificing international trade. Now, it doesn't have to be a department,
I don't think that it ought to be a part of Community Development. It could
be an office of the City Manager's office.
Mr. Plummer: Well, Mr. Gary, you know, how you do it is up to you, O.K. All
I'm saying to you is that if you have moneys existing and the machinery and
the staff, let's go that route. I'll tell you what I'm willing to do, Mr.
Gary, I'm willing to make a motion to approve this item that is before us,
but before it becomes effective, you must come back to this Commission and
justify that no, it's ok, 'that" which is already in place is not in your estimation
iustifiable reason to continue.
Mayor Ferre: Is there a second to that motion, with that condition?
Mr. Plummer: Due to the lack of interest, today has been cancelled.
Mayor Ferre: There is a motion on the floor. The floor is that we approve
the April 15 recommendation with the condition before implementation that the
Manager come back and explain the questions asked by Commissioner Plummer.
Is there a second?
Mr. Perez: I second.
�V
�,°� 221982
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Mayor Ferre: Further discussion? Call the roll. -
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION No. 82-328
A MOTION OF THE CITY COK41SSION APPROVING A RECOMMENDATION PRESENTED
BY THE CITY MANAGER BY MEMORANDUM DATED APRIL 15, 1982 IN
CONNECTION WITH PROPOSED REALIGNMENT OF THE DEPARTMENT OF
TRADE b COMMERCE INTO TWO BASIC CATEGORIES: (a) ECONOMIC
DEVELOPMENT, AND (b) INTERNATIONAL TRADE; FURTHER STIPULATING
THAT SAID APPROVAL IS CONTINGENT UPON THE CITY MANAGER COMING BACK
BEFORE THE CITY COMMISSION TO CLARIFY WHICH SPECIFIC CITY DEPARTMENT
WILL HAVE RESPONSIBILITY FOR ECONOMIC DEVELOPMENT AND WHAT SPECIFIC
FUNDING EXISTS AT THE PRESENT TIME FOR SAME.
Upon being seconded by Commissioner Perez, the motion was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice Mayor Joe Carollo
3. BRIEF DISCUSSION ITEMS:
A) ACCEPT INVITATION OF SISTER CITY IBIZA TO ATTE-ITD TO TUEIn
MAID: EVENT ON JUNE 6.
B) ORGA:r'IZE DELEGATION TO GO TO 'SADRID, SPAIN IN COIZIECTION WITI;
TRADE DEVELOPMENT.
Mayor Ferre: All right, now I'd like to inform the Commission that I talked
to the U.S. ambassador in Spain yesterday, and he has been anxious for the
City of Miami and Florida to take more of an initiative in Trade b Commerce
in Spain. It seems, and I'm glad that Bob Paul is here because he's the
Chairman for the Chamber, aren't you this year for the trip to Europe? Mr.
Paul, would you approach the microphone? Ambassador Toddman told me that the
City of New York really had major impact when Mayor Ed I:ock and a delegation
from New York went there several months ago. It was his thought that Miami
seems to be the place where most Spanish investors are looking. He thinks
that there is a void. Now,he thinks that the Chamber of Commerce did a nice
job last year in the trip. But he thinks that it needs to be followed up
a little more dramatically. I know that you have a trip in November. He
doesn't want to wait until November. He has asked me to put together a
delegation headed by myself and members of the Commission to go the first of
June, that they will host a major reception at the embassy, and that if there
is any way that we could open an office in Spain. Now, that of course is
going to end up costing us money, but there may be a solution to that. There
are several people in Spain who are willing, law offices and people like that,
who are willing to open up a representative— and we would have to limit the
scope of what they could do, but for example, it would really be a referral
type of a thing. So if the embassy has a request for information on banking
facilities in Miami, that that could be forwarded rather than by the embassy
itself, because of the foreign exchange and the control of moneys leaving Spain,
there seems to be reluctance in the Spanish business community, to go to the
embassy to discuss those things. Whereas if we had a more direct relationship,
that New York City has opened an office in this way. Now, I know that we cannot
afford to open an office in Spain and I'm not recommending that we do, but I
am recommending that perhaps we select somebody to be a forwarder, sort to
speak, for the City of Miami and hopefully for Florida and for Dade County,
so that we have somebody that can forward information to us. Now, I told the
ambassador that I would be willing to recommend that the city do this, and that
I would accept his kind invitation. It would basically be a three day trip to
Madrid. In the first day we would have the reception at the embassy and we
would have several other lunches and dinners and then we would be received by
the King on the third day. Now, beyond that, as you know, our sister city,
Ibiza has invited us for their big annual event, which starts on the 5th of June.
1A APR 2 21982
Mayor Ferre: (CONTINUED) And so those who want to go on to Ibiza for three
or four days could do so. Now I plan to go and I plan to put together a group
to reciprocate what the peoplejas you know there are about fifteen of them that
came and were hosted here last month. This is our reciprocal thing. But we're
tying it into a trade mission type of event. I'm going to talk to the
Governor and see if we can get the governor to go. And I would like to ask,
I'd like to make it official from the city and I'm going to ask the Governor
to participate and I'd like to ask you, through your Chamber of Commerce, to
participate in this understanding that you also have a November trip. But we
can't wait that long.
Mr. Bob Paul: Mayor Ferre, I certainly subscribe to your concept that there is a
great relationship to be continued to be developed between Spain and Miami.
I'd like to point out just two things that may be pertinenet to this subject.
One is that there is'a State trip going to Spain Saturday.
Mayor Ferre: Yes, I understand that, he told me about that.
Mr. Paul: And so the State is interested in exactly the same project and I
think it makes a lot of sense to follow through. The trip that the Chamber
is taking this year will be in October (we moved it up from November to
October). But I think that's very important and as you know the State of
Florida maintains only one office in Europe. It happens to be in Stuggart,
Germany. There is no presence at all, that I know of, of Miami or the
State in Spain, important as Spain is. So I think that you'd find a good
reception from the Chamber on that concept.
Mayor Ferre: I would also like to ask the Chamber in conjuction with our
Department of Trade & Commerce to come out with a position paper on whatever
can be traced as the importance of Spanish capital in Florida. There are
eight banks, some of them rather important banks, that are owned as you know,
by Spanish capital. I'm not talking about Latin American capital, I'm talking
about Spain. There is a tremendous amount of Spanish money that is beginning
to flow into Miami. Somehow I think we need to know what that is.
Mr. Paul: If there is anything the Chamber or my committee could do to help
you,we certainly stand at your disposal.
Mayor Ferre: So let me see if I can formalize it, and I'll do it this way. I'd
like to make a motion that the City of Miami accept the invitation of our
sister city of Ibiza to participate in their main event, come June 5th; and
that we also have an official delegation representing the city to go to Madrid
for a reception at the embassy and for a visit with the King of Spain; that
we invite Metropolitan Dade County, and the State of Florida, and the Greater
Miami Chamber of Commerce, and the Latin Chamber of Commerce, and the Miami
Dade Chamber of Commerce all to participate. Ambassador Toddman, who is an
exceptional diplomat and used to be the undersecretary for Latin America, and
who happens just by coincidence to be black, and happens to be a Virgin Islander
who was educated in Puerto Rico, so he's a multiple -type of a man, and I think
it is very important that we have a very balanced delegation. I made that point
to him. He was very happy with that. I think it really ought to be a delegation
that is reflective of the community. So I'd just make that in the form of a
motion to formalize it. Oh, and one last thing, and that we look for the opening
of a representative office, and that the Manager, and I have a name of somebody
who is willing to do that, his name is Jose Luis Robles de Acuna. Now, we'll
give you all the information, and I would appreciate, Mr. Manager, he's leaving
(he is here in town) and he's leaving this evening, if you could spend fifteen
minutes with him or assign Charlotte Gallogly, because I think it is important
that we establish the limitations of what that office is authorized to do. In
other words, it really must be limited in my opinion, just to a referral type
of a thing, so that we don't get into any problems of representation, and that
type of ... so I make that in the form of a motion.
Mr. Plummer: Second.
Mr. Perez: Mr. Mayor, would it be possible...
Mayor Ferre: Well, you're chairing it, J.L., so you...
Mr. Plummer: I can't second.
5 APR 2 21982
Mayor Ferre: We # have to get a second. Will yAecond it?
Mr. Perez: No, but I would like to include something. Would it be possible
to include also the Interamerican Chamber of Commerce.
Mayor Ferre: Oh, yes, of course.
Mr. Perez: And I would like, as you remember, the time that the Director of
Trade 6 Commerce Department was here, I suggested that we start inviting some
representatives from the media to the different tours. And I feel that this
would be a great opportunity to extend an invitation to some representatives,
especially of the Spanish media. If this delegation is possible, that is my
suggestion that I want to point out.
Mayor Ferre: All right.
Mr. Plummer: Is there a second?
Mr. Perez: Yes, I second.
Mayor Ferre: And I accept those two amendments to the motion.
Mr. Plummer: Is there any further discussion? Hearing none, call the roll.
The following motion was introduced by Commissioner Ferre, who
moved its adoption:
MOTION No. 82-329
A MOTION OF THE CITY COMMISSION ACCEPTING THE INVITATION EXTENDED BY
OUR SISTER CITY IBIZA TO PARTICIPATE IN THEIR MAIN EVENT ON JUNE S, 1982
FURTHER STIPULATING THAT A DELEGATION REPRESENTING THE CITY OF MIAMI
BE FORMED TO GO TO MADRID, SPAIN, FOR A RECEPTION AT THE EMBASSY AND
FOR A VISIT WITH THE KING OF SPAIN; rURTHER INVITING METROPOLITAN DADE
COUNTY, THE STATE OF FLORIDA, AND THE VARIOUS CHAMBERS OF COMMERCE
(The Greater Miami Chamber of Commerce, the Latin Chamber of Commerce,
the Metro -Dade Chamber of Commerce, and the Inter -American Chamber of
Commerce); FURTHER STIPULATING THAT EFFORTS SHOULD BE MADE IN ORDER
THAT THE CITY MAY HAVE A VERY BALANCED DELEGATION WHICH IS TRULY REPRE-
SENTATIVE OF THE COM7NITY; AND FURTHER AUTHORIZING AND DIRECTING THE
CITY MANAGER TO PLAN TOWARDS THE OPENING OF A REPRESENTATIVE OFFICE
IN SPAIN FROM WHICH A REFERRAL -TYPE SERVICE OPERATION MAY BE INSTITUTED;
AND LASTLY EXTENDING AN INVITATION TO THE MEDIA -ESPECIALLY MEMBERS OF
THE SPANISH MEDIA- TO ALSO PARTICIPATE IN THIS EVENT.
Upon being seconded by Commissioner Perez, the motion was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice Mayor Joe Carollo
BRIEF DISCUSSION ITEM: PETITION TIM TOU^.IST DEVELOP11"MIT
CORPORA:'ION FOR FUNDS TRADZ MISSION TO MADRID, SPAIN.
Mr. Plummer: Mr. Mayor, let me bring to your attention. Maybe I think we are
dropping the ball. Mr. Mayor, the two percent resort tax, of which I sit
on the TDC as this Commission's representative, 50% of that money, Mr. Mayor,
is for tourist promotion and other related activities. It is my understanding
that Metropolitan Dade County does not have an office of international trade
and commerce. We do, and we're working it, and we're doing the job. I think
that it behooves this Commission to petition the TDC that an allocation of
that fund, which is about $2� million, 501". of it, should rightfully go for
.06- APR 2 2 1982
Mr. Plummer: (CONTINUED) the work that this city is doing for the area of
international trade and tourist promotion. And I think that there is no question
in my mind that that which is not being done by the TDC in these areas, and we
are doing it, that they should give an allocation of funds to this city to do...
Mayor Ferre: Well, why don't you formalize that.
Mr. Plummer: Mr. Mayor, it would be,I think,inapropriate that I make such a motion
and I'm going to be sitting there voting on the thing later.
Mayor Ferre: J. L., I don't see any conflict of any kind at all.
Mr. Plummer: 1hen Mr. Mayor, I make a motion at this time, well, that the
Mayor of the. -City of Miami petition the TDC that an allocation of funds from
that TDC promotion funds be allocated for city, in particular for this trade
mission to Spain; and that concideration be given that in the future, in those
areas in which the city is participating, that the TDC does allocate funds
from their promotion fund for those purposes.
Mr. Dawkins: Second.
Mayor Ferre: All right, there is a motion, a second. Would you correct that
and just eliminate that the Mayor, and I mean, I'll be happy to do it but...
Mr. Plummer: Mr. Mayor, I would assume you do it by letter, it would be appropriate.
Mayor Ferre: Yes. Fine, but I think it ought to be a motion from the city to
the TDC.
Mr. Plummer: Oh, very definitely.
Mayor Ferre: And I'd be happy to deliver it.
Mr. Plummer: Very definitely.
Mayor Ferre: O.K., further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION No. 82-330
A MOTION OF THE CITY OF MIAMI COMMISSION PETITIONING THE TOURIST DE-
VELOPMENT CORPORATION ("TDC") FOR AN ALLOCATION OF FUNDS FROM ITS
"TOURIST PROMOTION AND RELATED ACTIVITIES FUND", PARTICULARLY, ON AC-
COUNT OF THE TRADE MISSION WHICH THIS CITY OF MIAMI IS PRESENTLY
ORGANIZING TO GO TO MADRID, SPAIN; FURTHER REQUESTING THE TDC TO SERIOUS
LY CONSIDER DESIGNATING A PORTION OF ITS "TOURIST PROMOTION ACTIVITIES
FUND" TO THE CITY OF MIAMI FOR SIMILAR TYPE ACTIVITIES WHICH THIS CITY
IS COORDINATING, ESPECIALLY SINCE THE CITY OF MIAMI IS THE ONLY MUNI-
CIPALITY WHICH HAS AN INTERNATIONAL OFFICE OF TRADE AND COMMERCE.
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 Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice Mayor Joe Carollo
.07 APR 2 2 1982
4. APPOIIrr TASK FORCE COID!ITTEE TO WORK III CONNECTION
WITH THE TRADE• -MISSION DELEGATION GOING TO MADRIDO SPAIN.
Mayor Ferre: I'd like to appoint now a task force committee comprised of
Howard Gary, Demetrio Perez, and Bob Paul (Mr. Paul, are you still here?
Well, that what he gets for stepping out) to report back to the Commission.
Mr. Plummer: Here he is, he's coming down the steps.
Mayor Ferre: I'm appointing you and Howard Gary and Demetrio Perez to work
as a committee to work on this, and I'd like to add Al Cardenas I guess
because he's.the Chairman of the sister city, and I guess we really have to _
add Victor Esrio, who is the Chairman of the Ibiza Sister City Committee, —
so the five of you would constitute a task force to report back to the
Commission. Mr. Gary, would you Chair that?
Mr. Gary: Yes.
Mayor Ferre: O.K.
Mr. Gary: Mr. Mayor --
Mayor Ferre: Let me bring something else up. Yes, Howard.
5. BRIEF DISCUSSION: MANAGER INFORrLS CITY COMMISSION OF A L.&BOR
WALK OUT AT THE CONVENTION CEII'TER PP,OJECT SITE.
Mr. Gary: I just want to inform the City Commission that yesterday we had
a walk out on the Conference Convention Center as a result of the developer
bringing in non -union people to work on the telephone connection.
Mayor Ferre: Has it been solved?
Mr. Gary: It's been solved in terms of those non -union workers not being on
the job, however, there is some morale problem and they haven't returned to
work. But they're trying to work out their differences, and we will keep you
informed as to the status of these events.
Mayor Ferre: •All right, thank you. Let me bring something out)the bill that
Barry Kuden was --
Mr. Plummer: Can I speak to the Convention?
Mayor Ferre: Go ahead.
Mr. Plummer: Mr. Mayor, I have to put this on top of the table and I have
to have some answers, Mr. Gary. As you know, I was successful in booking
the first convention into that convention center, the Florida League of
Cities. I felt very comfortable about the fact that it would be completed
because the ASTA Convention was prior to that and I've been telling these
people that if Maurice Ferre has to be there with a hammier and nail all night
long, that thing is going to be finished before the ASTA Convention. No, I'll
be there with you, I am now getting calls from the Florida League. You issued
a memorandum and that's what scared these people about alternate sites for
the ASTA Convention, if in fact it is not completed. Mr. Gary, I think that
n APR 2 21982
4 0
Mr. Plummer: (CONTINUED) the Administration needs to put out some letter of
definite, definite terms , as definite I guess as you can get, because I tell
you, right now the Flordia League is looking to something, they're scared.
And they did so after that memo came out about the alternate sites. I would
hope that the administration, there was some talk that the hotel was going to
open in May, now there is some talk that it's going to be August. All of
this loose talk with no definitive answers is getting some people some very
deep concern. I am part of that concern because I brought them here.
Mayor Ferre: O.K.
Mr. Plummer: So I would hope, Mr. Gary
asurances, whatever they are, are if in
not going to be ready, let's tell them
arrangements*
that you would please give some
fact we have to be truthful and it's
so, so they can start making some other
7. DISCUSSIOV IN CONNECTION WITI•I PROPOSED ANZ11DY5I1T TO A PROPOSED
BILL II1 CONNECTION WITH INTENDED USE OF I'.EVENUES D1.12IVING
FROM A 1C SALES TAX OPTION
Mayor Ferre: All right, on the one cent sales tax alternative, the bill the
way it was passed basically says this, it says Metropolitan Dade County will
have the right to put in the November election a one cent sales tax option
for the people of Dade County to vote on. And if it passes, then they must
at the same time they build a stadium, also build a colosseum in the major
city, which is the City of Miami. Now I want you to know, and I wanted Plummer
to hear this, I want you to know that I think that is a major accomplishment
on the part of Senator Jack Gordon, and Speaker Pro Tem Barry Kuden. I don't
think it covers us totally, and I have asked and I just wanted to inform you,
that that bill be amended, and I have to call in to the Governor for him to
include it in the special session that will be called next week. The request
for the amendment is as follows: that if Metropolitan Dade County does indeed
put it on the ballot, and if it fails in Metropolitan Dade County, but passes
within the city limits of the City of Miami, that that would be construed and
I guess it must be done on a separate question because otherwise it would be
illegal and that's why we need the amendment; that that would be construed as
meaning that we could get that tax which may amount to $60 million during that
one year period, to be used specifically for the purposes as outlined in the
bill. That is to build a football, baseball stadium, a colosseum, exhibition
hall, etc., etc. Provided however that it also entails, Mr. Manager, the
ability to fix up the Orange Bowl, because I think we may find ourselves in
the following situation: if the County Commission puts it on the ballot, and
it is my understanding from Merrit Steirheim that he's going to recommend that
they do that and that they are going to put it on the ballot. They are trying
to get it on the September or October ballot, which also requires a change in
the legislation. But should that occur, and it fail, and there is a possibility
that it could fail, then I think that if it passes in the city we could really
be able to have a tremendous amount of money to solve our problems with
colosseums and stadiums. Now, there are certain things that I think we need
as an amendment. And I'm just informing you what I've asked Barry Kuden to
include. He's not totally agreed to do it yet, but one thing is to add
international trade and commerce facilities. Now that may be a step beyond
auditorium exhibition hall. And specifically we may also want to mention
the Insurance Exchange of the Americas, that as you know are looking for a
permanent home. We might be able to provide, it's not a substantial amount
of money, but I think that would expand it to include those things specifically.
I'm not sure that we can get that, but if we can, I think that it would be a
major step forward. The last thing that I want to make sure that we are able to
do is to deal with the private sector. Because whether it's Worsham or
somebody else, if somebody is able to come and say: "We will build a colosseum.
We want the depreciation. We're willing to pay city taxes and county taxes
for it. We don't want $50 million, we want a $10 million underpinning, or a
guarantee for a five year period for the first five years of the life of
this colosseum." Then why should the government go out and spend $50 million
to build a colosseum when through a bond issue, we could do the same thing
and let the users and the developer pay for that facility? In other words,
why should we use our money for it if somebody else is willing to use theirs?
09 A. R 2 2 i982
Mr. Plummer: Well *d flaurice....
Mayor Ferre: So therefore, what I'm saying, J.L., is that I think it's important
that in that process that we include, and I would like to ask and I see that
Gary Davis is here, I'd like to ask for Stuart Simon and perhaps Sandy Dal.enberg
from your firm, Gary, and Bob, maybe I can impose on you to these three law firms
on a Pro Bonno basis. I'm sorry we'd have to do this, just to consult with us
to make sure that the legal language is proper, so that we don't end up passing _
something and then find out that we didn't think about, you know, this coma or
that. And as a matter of fact, I'd even like to get Janet Cooper involved in
that. I saw Janet Cooper. Perhaps we can keep her from suing us on it. On
a Pro Bonno basis, yes.
Mr. Plummer: Let me expand on that for a moment. 1.1..e of the things that you
are not saying, I think that is most important. As you know, I sit on the
Sports Authority Committee. Mr. Mayor, there is really only one facility in
the United States that really is making money, and that's the Houston Asterdome.
Mayor Ferre: .-No, the. -One in Washington too.
Mr. Plummer: Well, not yet. But anyhow, one of the reasons that I am•convinced
that that is making money: it is run by the private sector. When you talk
about building a colosseum, Mr. Mayor, all with public money, I don't know of
a public facility that is not being subsidized. And I think to strengthen your
argument that if the private sector, who is very profit motivated, gets in on
a joint venture, the thing will make money. And this city, and no government
will have to be subsidizing. So I think that it is a most important factor
that we encourage private sector to get involved in these matters and for the
city and the government to help. But it's not only just to build the facility,
but it is the long term of running and maintenance and no subsidy from ad
valorem tax payers.
Mayor Ferre: Do you want to formalize this in a motion?
Mr. Plummer: Mr. Mayor, I think it is something, it is a kind of a motion
_ that we ask that this be clarified and as far as I am concerned I have no
problem with it at all, as asking to be clarified.
Mayor Ferre: All right, just so that we can do it as an official thing to
the legislature, I'd like for this to be placed in the form of a motion as
expressed under the discussion here. Would you do that, J.L.?
Mr. Plummer: Sure.
Mayor Ferre: Is there a second?
Mr. Dawkins: I second.
Mayor Ferre: All right, further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTT^N No. 82-331
A RESOLUTION RESPECTFULLY URGING THE HONORABLE ROBERT D. GRAHAM,
GOVERNOR OF THE STATE OF FLORIDA, TO PROPOSE AN AMENDMENT TO THE RECENT-
LY ENACTED DISCRETIONARY ONE CEh`T SALES TAX LEGISLATION THAT WOULD
ENSURE AN OPPORTUNITY FOR CITIZENS OF THE MOST POPULOUS CITY WITHIN ANY
COUNTY TO HAVE SUCH SALES TAX LEVIED WITHIN SAID CITY FOR ALL OF THE.
PURPOSES SET FORTH IN SAID LEGISLATION AS WELL AS FOR THE CONSTRUCTION
OF FACILITIES TO IMPROVE DEVELOPMENT OF TRADE AND COMMERCE IN SAID CITY;
FURTHER DIRECTING THE CITY CLERIC TO TORWARD COPIES OF THE HEREIN RESO--
LOTION TO CERTAIN INDIVIDUALS.
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
Mayor Ferre
NOES: None.
ABSENT: Vice Mayor Joe Carollo
3V
Mayor Ferre: Nousihat I'd like to do, I'd like Athe Clerk's office this
afternoon to run this tape and George, would you have somebody work on that
so that this afternoon we can have it in written form. Perhaps we can have
it available for the Governor, for respect of his call.
Mr. Plummer: Is it set when that is going to be?
Mayor Ferre: I understand that it might be next week. It's moving in that
direction. I think they are waiting for the courts to rule on one particular
item and then th-_ Governor is going to call the session.
8.- EXTLIM DEADLINE FOR FXCEIPT OF APPLICATIONS III
CONVECTION WITH FORTHCOMING VACANCY F01 POSITIOII OF
CITY ATTORNEY.
Mayor Ferre: All right, the only other pocket item that
I have in this question of the selection of the City of I.3ami
Attorney,. and let me point out two things that I think we've had
problems with. First of all, we're beginning to get a lot of people that
uiGtit be i.iLc:csted that need a little pushing. As I said the other day,
'iva nenbcr of the Attorauy General's office, as a matter of fact, he'
the 'head of the Civil Department and the Chief Litigation Officer of the
Attor►acy General twat might )c interested, •;e have the City Attor►icy of
Lakeland, Florida who has now shown an interest. There is a forger Assistant
City Attorney of Miami Beach who now seems to say he might have an interest.
Mr. Jaime Clausell, who is a prominent attorney in this community, has now shown
an interest. Mr. Dan Kavanaugh�of Coconut Grove.. called me and said he is
willing to submit his name. So we are beginning to get people who have been
kind of mulling it over and didn't want to do it, but called me up and said,
"Look, do you mind, do you think I've any kind of a chance?" I said, listen,
I can't tell you who has any chance, I think the more we have to select from
the better off we're going to be. So I would like to recommend that we open
this up a little bit, and especially since George has now agreed to stay through
July 31st hopefully. So that ',:baps, it is not that I'm satisfied
with the thirteen people that nave applied, but I would feel a lot better if
we had 20 or 25 people to pick from, and especially if some of the people that
we have to pick from have former municipal experience, now some of the applicants
that are now applying have municipal experience and I think that's very helpful
but I think that if we have a broader selection, I would hope that we'd end up
with finalists that everybody would be happier with. Now�the other recommendation
that I have is this, and I saw Dean Mentschikoff yesterday, she said: "You
know, I think you're doing this thing backwards. You're empaneling a group
of attorneys and you're limiting it to ten recommendations. Why should you
limit it to any recommendations? Why don't you let us look at all of the
applicants and we'll classify them all as to whether they are qualified or not.?"
I said, Dean, I've no problems with that. Frankly, whether we do it that way or
the other, it is all the same to me. She said, "Well, I think you'll end up with
a better result if you let us look at everybody and then we recommend to you
whom we think are the qualified people that have applied." And certainly the
Dean of the Law School of Miami, Nova and the Black Bar, Cuban Bar, Dade Aar,
and George Knox are probably more qualified to predetermine , out of the 2U
or so applicants that we're going to have, which ones are qualified to be City
Attorney. I have no problems with that. Do you? So I'd like to formalize this
in the form of a motion, that is, what day would be acceptable to all of you,
so that we don't�as Miller says change the rules all the time? Is May 1st
all right, do you want to make it May 13th? George, what day would you recom-
mend that we expand this to? We're now....
Mr. Knox: Today is the 22nd. Mr. Mayor, I really suggest that it be expanded
to about May 15th because that will give us one more shot in the state-wide
monthly publication.
Mayor Ferre: Is that acceptable to you, Plummer? Perez? All right, then on
the ground rules that this committee would have the right to look at every
applicant, right?
Mr. Knox: Yes, sir.
Mayor Ferre: So you want to make that in the form of a motion somebody?
Mr. Knox: Well, I tell you, you can, I have already sort of established that
The gentleman who is the President of the Cuban -American Lawyers Association,
raised the same concern and I told him and I have made a practice of sending
APR 2,� 1982
1�
Mr. Knox: (CONTINUATION) copies of each and every resume to the members
of the committee. I told them that at that time we could just establish
that even if the City Commission submitted ten names, if the committee felt
strongly about one or more candidates whose names were not submitted by the
Commission, that we'd recommend them to you.
Mayor Ferre: Well, I think, let's just formalize this, so that they don't
get up tight. Because Dean Mentschikoff said: "Well, that's no way to..."
I said: "Hey, I have no problems with that. We'll do it any way you want."
Mr. Knox: All right. So we'll just review all of the applications and
submit..
Mayor Ferre: Well let us formalize this in the form of a motion.
Mr. Knox: All right.
Mayor Ferre: Plummer moves it, is there a second?
Mr. Perez: Yes.
Mayor Ferre: Perez seconds. Further discussion, call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 82-332
A MOTION OF THE CITY coMMISSION AUTHORIZING THE CITY ATTORNEY
TO EXTEND THE DEADLINE FOR RECEIPT OF APPLICATIONS IN CONFECTION
WITH THE FORTHCOMING VACANCY FOR THE POSITION OF CITY ATTORNEY
TO MAY 21, 1982, IN ORDER THAT THE CITY ATTORNEY'S OFFICE MAY
READVERTISE IN THE TRADITIONAL LEGAL PUBLICATIONS AND THE
CITY COMMISSION MAY BE ABLE TO SELECT FROM A LARGER NUMBER
OF APPLICANTS.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice Ferre
NOES: None.
ABSENT: Vice Mayor Joe Carollo
9 • CITY COM'ISSION OBJ-CTS TO DEPORTATION CF CLARA N=11 Z,
W.IO UAD REAC:iED TKE U.S. AS A STOWAWAY.
:0. SEND CABLL TO PRLSIDC'.!T ROILALD RUGKI URGING MSOLU:ION
OF KROM� AVL:IUL SITUATION
Mayor Ferre: All right, is there anything else at this time?
12
APR, 2 21982
Mr. Perez: Mr. Mayor, I would like to...I don't know if you read today in
the media.... the situation of Clara Nunez, the Cuban stowaway. You remember
we met her at Krome Avenue about two or three weeks ago. I would like to
move a motion in order to approve a resolution to send a cable today to the
State Department supporting Clara Nunez.
Mayor Ferre: To the INS.
Mr. Perez: To the INS?
Mayor Ferre: The State Department doesn't make that decision.
Mr. Perez: O.K., and also in the same resolution to send a cable to
President Reagan or*whomever you suggest about the situation about the
Haitian women in Krome Avenue. You know t-ey finished a strike, I think,
yesterday night for about a week. But I think we need to take more action
on the matter of Haitian Krome Avenue.
Mayor Ferre: Is there a motion?
Mr. Perez Yes.
Mr. Dawkins: Second.
Mayor Ferre: There is a motion and a second. Further discussion; call the
roll.
The following resolution was introduced by Commissioner Perez, who moved
its adoption:
RESOLUTION NO. 82-333-A
A RESOLUTION STRENUOUSLY OBJECTION TO THE PROPOSED DEPORTATION
OF CLARA NUNEZ, ONE OF THE FEW CUBANS PROPOSED TO BE DEPORTED
SINCE FIDEL CASTRO ROSE TO POWER IN 1959; FURTHER INSTRUCTING
THE CITY CLERK TO FORTHWITH SEND A TELEGRAM TO THE DIRECTOR
OF THE IMMIGRATION AND NATURALIZATION SERVICE, MIAMI, FLORIDA,
PROTESTING THE PROPOSED DEPORTATION OF SAID CLARA NUNEZ.
(Here follows body of resoltion, ommitted 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 vite:
AYES: Commissioner J.L.Plummer,Jr.
Commissioner Demtrio Perez,Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice Mayor Carollo
RESOLUTION NO. 82-333-B
A RESOLUTION URGING THE HONORABLE RONALD REAGAN, PRESIDENT
OF THE UNITED STATES OF AMERICA, TO TAKE A PERSONAL INTEREST
IN THE PLIGHT OF THE HAITIAN WOMEN REFUGEES WHO ARE ON A
HUNGER STRIKE AT THE KROME AVENUE DETENTION FACILITY DEMONS-
TRATING THEIR OBJECTIONS TO BEING DETAINED UNDER THE CONDITIONS
EXISTING AT SAID DETENTION FACILITY; FURTHER DIRECTING THE
CITY CLERK TO SEND A TELEGRAM TO PRESIDENT REAGAN INFORMING
HIM OF THE CONTENTS OF THE HEREIN RESOLUTION.
(Here follows body of resolution, ommitted herein and
on file in the Office of the City Clerk)
13 APR 221982
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
11. APPROVE T11 PRINCIPLE REQUEST FROM LATIN CI'.AMBER OF CO11MLRCE
0 CONNECTION WITH A " I EMISPI.ERIC CONEr"mICE" AND TO MAI2ITAIN
A PERtiANL'14T SECRETARIAT IN MIAMI FOR THE CONFER :LICE -APPROVE
REQUEST FOR FUNDS WITH SLIGI:T INFLATIONARY ADJUSTMENT.
Mayor Ferre: The last thing that we have is the Latin Chamber of Commerce
has asked to be heard this morning, and I've been waiting for Carollo, but
he hasn't shown up so let me recognize Captain Alexander.
Capitan Wm.Alexander: Mr. Mayor, Commissioners, the Latin of Chamber of Commerce
as you all know, you have in front of you, we delivered to each of you a
request to maintain our program to have the Hemispheric Convention in Miami
in September. We have the funds given by the City as a City program last
year. We are working and we are making commitments and we would like to see
the City to give the Latin Chamber of Commerce the request of the funding
to have the convention and maintain the permanent secretariat of the convention.
Mayor Ferre: Do you have a recommendation? Have you had an opportunity to
look at this?
Mr. Gary: Yes, Mr. Mayor, what I would recommend, and I discussed it
briefly with them, is that we give them the same thing we gave them last
year with an 11% adjustment on the salary portion of our contribution to
them.
Mayor Ferre: O.K., is there a motion to that effect?
Mr. Plummer: Excuse me, I'm sorry.
Mayor Ferre: The Manager is recommending that we fund the same as we did last
year with an 11% increase because inflation.
Mr. Gary: On salary portion.
Mr. Alexander: Well, we have a budget. The budget request was $95,000 for
the permanent committee and also $35,000 for the convention. I'd like to
know, is the 11% that you mention, Mr. Gary, in the salary?
Mr. Gary: Only on the salary.
Mr. Alexander: O.K., we can try to see if we can make it.
Mayor Ferre: All right.
Mr. Plummer: That's agreeable with you?
Mr. Alexander: Well, salary, you know...
Mr. Plummer: Well, all right, look, hey, I think that what we need to do is
to approve this in principle that this City is in fact behind you. O.K.;
number one. Number two, I think what you need to do is to take what the
Manager has accepted then come back to us afterwards and say to us: "All
right, we can live with this or we can't, and here are the problem areas."
Mr. Alexander: Very good.
1.4 APR 221982
Mr. Plummer: I think that would be, you know.., but I think, number one,
we need to accept in principle that this City Commission is backing you.
And second of all, accept what the Manager gives you this morning. If
you have problems, then come back to this Commission later.
Mr. Alexander: Very good.
Mr. Plummer: Mr. Mayor, I move.
Mr. Dawkins: Second.
Mayor Ferre: All right, there is a motion and a second. Is there further
discussion? Call the roll.
The following•*motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 82-334
A MOTION OF THE CITY COMMISSION APPROVING IN PRINCIPLE A
REQUEST FOR FUNDING MADE BY THE LATIN CHAMBER OF COMMERCE
IN CONNECTION WITH A REQUEST TO HOLD A I:EMISPYXRIC CONFERDICE
IN SEPTEMBER AND TO MAINTAIN A PERMANENT SECRETARIAT FOR
THE HEMISPHERIC CONFERENCE IN THE CITY OF MIAMI, APPROVING
FUNDING FOR SUCH REQEUSTS AT THE SAME LEVEL OF FUNDING
THEY WERE FUNDED LAST YEAR, EXCEPT FOR AN ELEVEN PERCENT
(11%) INCREASE ADJUSTMENT IN THE SALARIES PORTION OF THE CITY'S
CONTRIBUTION; FURTHER EXPRESSING TO THE LATIN CHAMBER OF COMMERCE
THAT IF THEY RUN INTO DIFFICULTIES AT THIS LEVEL OF FUNDING,
THAT THEY SHOULD COME BACK BEFORE THE CITY COMMISSION FOR
FURTHER CONSIDERATION OF THEIR REQUEST.
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
Mayor Maurice Ferre
NOES: None.
ABSENT: Vice Mayor Joe Carollo
12. COMMEND MR. JOAQUIN BLAYA ON ::IS RLCENT APPODTTMyNT
AS Pn- SIDI:NT OF "SPANIS:: INTZ.0AT IONAL NEI IORKS.1
Mayor Ferre: All right, are there any other pocket items at this time?
Before we get into the regular agenda, I would like to publicly commend
Joaquin Blaya who is here with us today. Mr. Blaya, would you stand up
for a moment? Mr. Blaya has just been named President of Spanish Inter-
national Networks, which is the major Spanish television network in the
United States of America. They, of course, cover, I think, close to 125
markets, 180. The figures are obsolete every other week. One hundred and
eighty markets in the United States of America and this includes every
major Spanish speaking market obviously including Southern California,
Northern California, Texas, Arizona, New Mexico, Florida, New York,
Washington. So this is a major communications company, and it is indeed
an honor that somebody who is a resident of Miami has been selected for
such a prestigious job. I would like to formalize it in a motion of
commendation and a proclamation congratulating Mr. Blaya.
15 APR 2 21982
Commissioner Perez: Mayor, I didn't have that matter in mind. But I would
also like to request a clarification or an explanation from the Spanish
International Network about the"Carnaval 182." As you remember, at your
request I represented you at -the time that the City of Miami delivered a
proclamation to the prominent international singer, Pedro Vargas. At that
time we received a strong applause from about 20,000 to 30,000 people there.
And after, the only political issue that I mentioned was that this is an
anti-Communist city. Afterwards, I was very surprised when I watched the
program from Mexico, they cut the program, the part of the delivery of the
proclamation. The only part of the program that was cut, and I was very
surprised that the proclamation appeared in the background. I think I am
in a possitive way, but I would like to request an explanation. I don't
think that Channel 23,,,,
Mayor Ferre: You have the President right there.
Commissioner Perez:....maybe they are not responsible. I am very surprised
that if the City of Miami spent about $33,000 of the taxpayers of this area
for that festival, and especially about $10,000 was spent for Channel 23
or the Spanish International Networks for broadcasting this event,I'm surprised
what this proclamation, this official document representing you and I was
acompanied at that time by the mayor of Medellin. I think that as a foreign
visitor, and I was very worried that day besides in Mexico, what we have to
watch here in Miami. If you don't have any inconvenience, I would like to
make these statements as part of your proposition in order to request an
explanation...
Mayor Ferre: No, I think the...
Mr. Perez: Oh, I made a different motion.
Mayor Ferre: Yes, I think it is a different motion. I think one thing is
to congratulate Mr. Blaya. And I don't think that should have anything to
do with it.
Mr. Perez: O.K., and I second that motion. But I would like to make the
other motion.
Mayor Ferre: All right, let's do one at a time. First motion is the
congratulations to Mr. Blaya for his appointment. There is a motion
by Perez and a second by Dawkins. Further discussion? Call the roll.
The following motion was introduced by Commissioner Perez, who moved
its adoption.
MOTION 82-335
A MOTION OF THE CITY COMMISSION COMMENDING MR. JOAQUIN BLAYA
ON HIS RECENT APPOINTMENT AS PRESIDENT OF THE SPANISH INTER-
NATIONAL NETWORKS, THE MAJOR TELEVISION NETWORK IN THE UNITED
STATES OF AMERICA, AND HEARTILY CONGRATULATING MR. BLAYA
ON HIS HAVING BEEN SELECTED TO SUCH A PRESTIGIOUS JOB; FURTHER
INSTRUCTING THE CITY MANAGER TO HAVE A PROCLAMATION PREPARED
FOR PRESENTATION TO MR. BLAYA.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted Oy 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
Mayor Ferre: Mr. Manager, would you have the appropriate person in the
appropriate department prepare the proclamation for Mr. Blaya?
1s
APR 221962
13. CITY CO241ISSION REQUESTS EXPLANATION FROM TELEVISA IN
CONNECTION WITH. PORTION FROM CARNAVAL 82 COVERING TEE
COMMISSIONER DEMETRIO PEnXZ' S PRESENTATION.
Mayor Ferre: Now, Mr. Perez, the second motion is a request by the City
Commission of�not Channel 23 because they have no control of that, but I
would imagine of Televisa and specifically of Mr. Velazco who has autonomy
I think of deciding what goes on and what doesn't go on, why Commissioner
Perez's statement at the Orange Bowl was deleted from the program. That's
the specific request. He wants to formalize it in the form of a motion
from, the City asking for a reason, and you so move, right? Is there a
second? Plummer seconds. Further discussion? Call the roll.
The following motion was introduced by Commissioner Perez, who
moved its adoption:
MOTION No. 82-336
A MOTION OF THE CITY OF MIAMI COMMISSION REQUESTING OF TELEVISA
AND, MORE SPECIFICALLY, OF MR. VELAZCO -WHO SUPPOSEDLY HAS
AUTONOMY AS TO PROGRAM CONTENT- TO PLEASE CLARIFY FOR THE
COMMISSION AS TO THE REASON OR REASONS WHY COMMISSIONER PEREZ'S
STATEMENT AT THE ORANGE BOWL WAS DELETED FROM THE PROGRAM.
Upon being seconded by Commissioner Plummer, the motion was
passed and adopted by the following vote:
AYES: Commissioner J. L. PLummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
NOES: . * Mayor Maurice A. Ferre -
ABSENT: Vice Mayor Joe Carollo
ON ROLL CALL
* Mayor Ferre: In a very soft way I have to vote"'noyin this particular case
because number one, the First Amendment. of the Constitution of the United
States is very clear about freedom of expression. Number two, I subscribe
with what Commissioner Perez says and I'm sorry that it was cut because
I think that it was an important statement, but Mr. Velazco, who lives in
Mexico and this is a program that goes to an audience other than Miami,
has the right to cut whatever he wants to out of his program. If that's
what he wanted to cut, that's his problem, and that is something that
has to be discussed. I would recommend as a public relation's gesture,
Mr. Blaya, perhaps next time that Mr. Velazco is in town, that Commissioner
Perez and'Mr. Velazco meet and perhaps discuss this. This might be the
better way of doing something like this.
Mr. Perez: Well, Mr. Mayor, coulu I ask a question? Do you think that
the First. Amendment would apply for the foreign station also?
Mayor Ferre: The first amendment... obviously the foreign station has
nothing to do and they can do anything that they want and you absolutely
no jurisdiction as to what a television company does in Mexico. The first
amendment does apply over anything that shows on an American station,
like Channel 23. And since you viewed it on Channel 23, and Channel 23
is in Miami, and Miami is still not a republic but part of the United States,
I would conclude that the "irst Amendment does apply to Channel 23 and to
Miami.
Mr. Plummer: That's fine, Mr. Mayor, and I'm all in favor of the first
amendment and I think it's great, but I think that there is also another
amendment, and that is when we are paying the tab, that we have the right
to say also, and I want to tell you something, if in fact it is found
17 APR 2 21982
9 9
Mr. Plummer: (CONTINUED) that that is deliberate, I'm ready to offer a
motion that next year, absolutely no way are those funds available. Now,
we paid the piper, we asked to dance.
Mayor Ferre: Are you... let's take this one step at a time.
Mr. Plummer: Sure.
Mayor.Ferre: %Calle Ocho"and"Carnival�has nothing to do with Spanish
International Network and Channel 23. Now, we've had it without them
and we've had it with them. Now, are you telling me that next year
if Channel 23 decides not to cover the Carnival and have 40 million
people view it throughout this hemisphere, that we're going to cut out
the Carnival?
Mr. Plummer: No, Mr. Mayor, what I am saying is that Channel 23 or no
one else is going to stare a profit making situation and say we're going
to cut it out. But I will recall to your memory, sir, that this Commission
allocated $10,000 solely for the purpose of the television coverage. That's
where the cheese gets binding.
Mayor Ferre: And you mean to tell me that when 40 million people look at
the blue sky of Miami and those smiling faces, thaL that is not worth
$10,000 of expenditure? Now, I subscribe totally to what Demetrio Perez
is saying. I have no problem with what the man is saying. I think that
he went up before a television audience and made a statement about Miami
being an anti-Communist city, and that the Cuban community here... and
I think that's wonderful. I subscribe to what he said 100%. They, on
the other hand, decided that they were going to cut that portion of the
program. I think that he is right on his complaint but I do think that
is something that he ought to deal with on a personal basis with the
man responsible for cutting, who is Mr. Velazco.
Mr. Perez: Mayor, let me point out, I think that it's very important,
if you have the representation at this time I deliver the proclamation
at your own request. I attended the celebration with the Mayor of
at your own request also. I was representing the City of Miami at that time.
I think that it is a lot of support and a lot of credibility before the
people of Miami that you don't have the support of the City , and sometimes
if you pay, if you extend $10,000, and the City of Miami has the Orange Bowl
facility, has the $10,000 budget for that transmition, and you only mention
the First Amendment but I think that the first amendment also applies to
the elected officials. We have to protect the rights of these people.
Mayor Ferre: It doesn't work that way.
Mr. Perez: I think that is the feeling.
Mayor Ferre: That's your interpretation of the First Amendment, but it
is not the interpretation of the Supreme Court of the United States.
Mr. Perez: O.K., but I think that this is the feeling of the people of
the City of Miami. This is an anti-Communist city. I know that Jesus
Christ died.
Mayor Ferre: Let me ask you this, Commissioner Perez. Are you willing
to make a motion now, since we also help the Three Kings Parade. City
funds go into the Three Kings Parade. Now, when I go there representing
the City of Miami, WQBA decides on their own to cut out any statements
that I make. Do you think now that I would be justified in passing a
motion asking WQBA why, after they had the nerve to use the streets of
the City of Miami and to use our police officers at our expense costing
the taxpayers of the City of Miami, that they have the affrontary not
to cut me out of a statement that I make over the airways of WQBA? I
mean, under that theory, they have to put me on their radio waves.
They cut me out systematically. Now, I have my beefs with WQBA because
I think they are abusing their license, but I don't have a beef with
them because they refuse to put me on the air.
i0
APR 2 219�2
Mr. Plummer: Yes, but that to me, Mr. Mayor, is a direct affront to the
City.
Mayor Ferre: That they don't put me on the air?
Mr. Plummer: No, no, no. --Yesl You are the ceremonial head of this
City. You represent this City. And if they take and do such a thing,
to me it's an affront to this City. Yet, they turn around with their hand
out and say: "We want to be the sponsor, we want to be the King of the
Three Kings." And then turn around and slap the City in the face.? Whether
you are the mayor or someone else, now that's wrong, I'm sorryl
Mayor Ferre: If I have a beef with Herb Levine.
Mr. Plummer: That's a personal matter.
Mayor Ferre: Or WQBA because they refuse to put me on the air, that's
something that I have to deal with them. Now I don't think that it is
applicable that ...
Mr. Perez: I would like to point out something, Mayor.
Mayor Ferre: Sure.
Mr. Perez: The difference here is that the delivery of the proclamation
was part of the official program. I think that when you order that
proclamation, you receive a request from the organizer of this celebration,
no? It was a part of this program. It was supposed to be included in
this program. That is the reason that I concider it something official;
it was not an informal interview that they had made on the outside.
This was an official part of the program, and I think that the message of
Miami, I think that it was very important that the 50 million people
receive the message of this City, of this comanunity.
Mayor Ferre: But don't you see that I think their answer would be that
they did because in the previous Sunday, I as Mayor went on and a statement
was made on behalf of the City, by myself as Mayor. Now, the fact that
the next following week, they refuse to put my statement on, even if
it was delivered by you, is something, I think that they have a right to
do, if they want to. I don't like it.
Mr. Plummer: That's true, I agree with you.
Mayor Ferre: In other words, the City was represented. I represented the
City. I was there, they televised me. I welcomed them. I thanked them.
I made a statement on behalf of the City, and that...
Mr. Plummer: Let me tell you something, O.K.? That is their right to do,
and I would defend that right, but let me tell you where there is another
right: and that is my right to saylno"when they want money.
Mayor Ferre: The fact is J.L., that they represented the City.
Mr. Plummer: I don't know what Demetrio said.
Mayor Ferre: So, what is the beef ?
Mr. Plummer: The beef is that they, in my estimation, and I don't know
what he said and I'm not defending what he said. It is the right of
this City that when we are helping to pay the tab, that they do not
affront this City with a direct slap.
Mayor Ferre: J.L., the question is, did they permit the representative
of the City to make a statement on behalf of the City? The answer is
yes. Why? Because I went up before the television cameras and I made
the statement for the City, as Mayor. All right? Now, subsequent to
that, there was a separatz statement. The refused, they didn't use that.
Now, suppose we had three or four statements. Suppose Commissioner
Carollo had also wanted to make a statement. Suppose Commissioner Dawkins
wanted to make a statement. Is the fact that each one of them is not
allowed to make a statement... ?
19
APR 2 2OW
1982
Mr. Plummer: Absolutely not. What it is, you are the Mayor.
Mayor Ferre: But I made the statement.
Mr. Plummer: But a week before.
Mr. Perez: A week before, but...
Mr. Plummer: Demetrio went to that thing representing you. You, the City.
Mr. Perez: Very clear, and if Vice Mayor Carollo or any other member of
the Commission was there, they'd have the same opportunity to represent the
City.
Mayor Ferre: All right, we've taken a vote and you voted. We don't always
vote -in agreement, you know. You, the other day, didn't vote with me on
some things and I've voted with you, and we've had our differences. So,
I mean, there is no reason why we have to vote together on everything.
And I understand, I think you're right.
Mr. Dawkins: Well call the question.
Mayor Ferre: The question has been called.
Mr. Dawkins: Well close discussion.
Mayor Ferre: Well we're just talking just to talk because it's been done.
Mr. Dawkins: The clock... when are we going to start operating with this
thing?
Mayor Ferre: All right, the statements have been made...
Mr. Plummer: Miller, that's Maurice's clock.
Mayor Ferre: You have the motion.
Mr. Dawkins: Only on you and I.
Mayor Ferre: All right. You have the motion.
14. DISCUSSIOU IN CONVECTION WITI_ PROPOSED TRIP OF 'i'::_ CITY
COMMISSION TO GOTO EALTIMOU AND BOSTON TO SEE T::EI77.
DEVELOPMI3IT OF THE WAT 11FRONT .
Mayor Ferre: We also have a request here from the City Manager to make
a trip to Baltimore and Boston to see how they have developed their
waterfront. Is April 28th and 30th acceptable?
Mr. Plummer: It's acceptable, but I can't go.
Mayor Ferre: Can you go, Demetrio? This is to Baltimore and to Boston
to see the developments that they have... this is something that we have
been talking about for six months, and I think it's very important that
you all get to see it. You've been in California and saw what they did
there.
Mr. Plummer: Yes, sir.
Mayor Ferre: You can't make it, J.L.?
Mr. Plummer: There's no way I can make it next week, Maurice, especially
if the legislature is in session. My brother will be up there.
APR 221982
Mayor Ferre: We have to... how about you, Miller?
Mr. Dawkins: I can make it.
Mayor Ferre: Can you make it?
Mr. Daiokins: Yes.
Mayor Ferre: Can you make it?
Mr. Perez: Two days?
Mayor Ferre: it would be....
Mr. Plummer: Three days.
Mayor Ferre: .... Wednesday, the 28th, Thursday, the 29th, and Friday, the
30th, and then you return. We would go to Baltimore, which I guess we fly
into Washington and go over to Baltimore, either way. And then we go from
there to Boston, and then we come back Friday afternoon. Can you make it?
Mr. Perez: I will try, but I have to check first.
Mayor Ferre: Why don't you check... Joe can't make it? Well, I think we
have to have at least three people go because otherwise, it's really hardly
worth going. So if we can't make it on the 28th, then let's reschedule it,
Mr. Reid. Is that all right?
Mr. Reid: Surely, Mr. Mayor.
Mayor Ferre: Anything else?
Mr. Dawkins: Well when will we know whether we're going to reschedule it, I
mean...
Mayor Ferre: I can go, or you can go, Perez has to make that decision.
Mr. Dawkins: When will you know if you can go?
Mr. Perez: Tomorrow.
Mr. Dawkins: Tomorrow?
Mr. Perez: Yes.
Mayor Ferre: Can you do it this afternoon? Can you look at your scht.dule
by the end of the day so that we can decide that?
Mr. Perez: Will it be for three full days?
Mayor Ferre: Can you make a decision whether or not the 28th, the 29th,
and the 30th is acceptable by 5:00 o'clock this afternoon? If it isn't,
then we'll reschedule for another day.
AT THIS POINT THIS ISSUE WAS TEMPORARILY DEFERRED UNTIL
FINAL CONSENSUS ON SPECIFIC DAYS COULD BE REACHED.
21
APR 221982
9
15.
ACCEPT BID OF SUNSET EIiTERFRISES, PIC. FOR "MARTIdE STADIUM -
BOAT RAMPS REPAIRS-1982" III Th'E PROPOSED AMOUNT OF $17,200.00
Mayor Ferre: The Manager has a pocket item he wants us to pass on. This is
the Marine Stadium Boat Ramp. The Department of Public Works recommends.
the adoption of a resolution of Sunset Enterprises, Inc. in the amount of
$17,000, authorizing the Manager to enter into a contract on behalf of the
Marine Stadium.
Mr. Plummer: I move it, with pleasure.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-337
A RESOLUTION ACCEPTING THE BID OF SUNSET ENTERPRISES, INC.
IN THE PROPOSED AMOUNT OF $17,200, BASE BID OF THE PROPOSAL,
FOR MARINE STADIUM BOAT RAMP REPAIRS -1982; WITH MONIES
THEREFOR TO BE PROVIDED FROM SPECIAL PROGRAMS AND ACCOUNTS -
LEASE PROPERTIES IN THE AMOUNT OF $17,200 TO COVER THE CONTRACT
COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $344 TO COVER
THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES,
AND POSTAGE; ALLOCATING FROM SAID FUND THE AMOUNT OF $713
TO COVER THE INDIRECT COST; AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH SAID FIRM.
(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
15. DEFERRAL OF CONSIDERATION OF:
A) FIRST READING ORDII-AIICE IN COIN ECTION WITH HERIT_AG:I:
CONSERVATION LITERIM ZONDIG DISTRICT.
B) RESOLUTION ACCEPTING PLATT ENTITLED "CHULAVISTA CENTER"
Mayor Ferre: All right, we're now on item number 1 of the Planning and
Zoning Agenda, which is an ordinance on second reading for Spanish
International Communications Corporation's change of zoning. We heard
this matter before, didn't we, counselor?
Mr. Plummer: Is this the one that affronted Demetrio?
Mr. Gary: Excuse me.
22
APR 2 21982
i
Mr. Plummer: Oh no, no, no. I'm going to express my right of opinion.
My first and last amendment.
(AT THIS POINT THIS ISSUE IS MOMENTARILY DEFERRED)
NOTE FOR THE RECORD:
Agenda Items Nos. 6 and 14 are continued to a future City Commission
meeting.
Mr. Gary: Excuse me; Mr. Mayor, I don't mean to interrup you. Mr. Mayor,
so that we'don't have people waiting around, item number 14 we are
requesting'to be pulled and item number 6 we'd like to have ocntinued.
Mayor Ferre: All rifht, item number 14 has been removed. Anybody here on
14 have any problems with that? And item number what, sir?
Mr. Gary: Six.
Mr. Plummer: Item what? Give it to me again.
Mr. Gary: Six.
Mayor Ferre: It's been removed also?
Mr. Gary: Continued, yes, sir.
Mayor Ferre: Item six is removed?
Mr. Gary: Number 14 and 6 cotinued, and we need a motion also, Mr. Mayor.
Mayor Ferre: All right, is there a motion to continue items 6 and 14?
Any objectors?
Mr. Plummer: Well, let me ask on item 6, is there anyone here that it's
going to be inconvenienced? So move it.
23
APR 221982
I
Mayor Ferre: Is there... and there is a second. Have we voted on it?
Ms. Hirai: No, sir.
Mayor Ferre: Call the roll. Dawkins seconded.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 82-338
A:MOTION OF THE CITY COMMISSION CONTINUING THE HEARING ON ITEMS 6
AND 14 OF TODAY'S AGENDA, NAMELY:
"6. FIRST READING ORDINANCE- PLANNING DEPARTMENT'S APPLICATION
Application of Heritage Conservation Interim Zoning District
to the property located at 3033 Grand Avenue (Former I Ching
Store); and
114.RESOLUTION- Accepting the Plat entitled "Chulavista Center"
located at N.W. 21st Avenue and N.W. 20th Street",;
TO A FUTURE CITY COMMISSION MEETING.
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.
17. SECOIID P. kDING ORD0XICE: APPLICATION BY SPANISI1
INTEMIATIOI:AL COMMICATIONS COP.P. (CI',A?INEL 23) CI:AIM: ZONEIG
AT 735-737 N.W. 25 AMME, 736 11.11. 25 COIT21 FP.OI! r-2
TO C- 2
Mayor Ferre: We are now on Item #1, Spanish International Communications
Corporation. Alright. Yes, sir.
Mr. Whipple: Mr. Mayor and Commissioners, at the first reading of this
item the Commission recommended that the rezoning by held back five feet from
the northerly property line and also, between first reading and second reading
a covenant has been proferred, it has been signed and in the hands of the City
that the applicants will do what they said they would do at the first reading.
So, all papers and profers are in order for the Commission to act at second
reading.
Mr. Carollo: If it's all in order, Mr. Mayor, I so move that second reading
be approved.
Mayor Ferre: Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Alright, further discussion, read the ordinance. Call the
roll.
gl
AW
APR 2 2 1982
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 2, 3, 4, AND 5, LESS THE
WEST 10, OF SAID LOTS 4 AND 5, AND LESS NORTH
5' OF LOTS 2 AND 5, BLOCK 6; RIVERSIDE FARMS
SUPPLEMENTAL (288), BEING APPROXIMATELY 735-
737 NORTHWEST 26 AVENUE AND APPROXIMATELY 736
NORTHWEST 25 COURT, FROM R-2 (TWO FAMILY DWELL-
ING) TO C-2 (COMMUNITY COMMERCIAL), AND BY
MAKING THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP MADE A PART OF SAID ORDINANCE NO.
6871 BY REFERENCE AND DESCRIPTION IN ARTICLE
III, SECTION 2, THEREOF; BY REPEALING ALL
ORDINANCES•, CODE SECTIONS, OR PARTS THEREOF IN
CONFLICT,'AND CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of March 25, 1982, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Carollo, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9407
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.
1C. SECOND READING ORDINANCE: APPLICATIO21 BY ARGUS T:tP.DE P�A_LTY �'�'VD
INVESTMENT, INC.-CF.A2 E ZONING OF 2150 CORAL WAY (3 LOTS) F7031-
R-C TO C-2.
Mayor Ferre: Item #2, the Argus Trade, Realty and Investment Company, change
of zoning. This is on second reading. These are three lots from R-C to C-2.
Are there any opponents to this here?
Mr. Whipple: I would just like to comment Mr. Mayor, that two of the lots
were removed from the petition. The ordinance on second reading that you have
before you rezones only one lot and the department concurred in that request...
change in the petition.
Mr. Plummer: So, move it.
Mayor Ferre: Is there a second?
Mr. Plummer: Seconded by Dawkins.
gl
25
APR 221982
a
Mayor Ferre: Dawkins? He seconded?
Mr. Plummer: No, he did before, Mr. Mayor.
Mayor Ferre: Plummer is moving...
Mr. Perez: I second.
Mayor Ferre: Perez are you seconding?
Mr. Perez: Yes.
Mayor Ferre: Further discussion, read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY CHANGING T11S ZONING
CLASSIFICATION OF LOT 16, BLOCK 30; NEW
SHENANDOAH (10-55), BEING 2150 CORAL WAY, FROM
R-C (RESIDENTIAL -OFFICE) TO C-2 (COMMUNITY
COMMERCIAL), AND BY MAKING THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP MADE A
PART OF SAID ORDINANCE NO. 6871, BY REFERENCE
AND DESCRIPTION IN ARTICLE III, SECTION 2,
THEREOF, BY REPEALING ALL ORDINANCES, CODE
SECTIONS, OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of March 25, 1982, was take 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 Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre.
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.9408
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.
19. SECOIID READnIG ORDINANCE: CIW;GL ZONL*JG OF AREA EOWDED BY
N.A. KWII, N.C. 211D AVEITE AND N.L. 41 STREET FROM R-C TO C-5.
Mayor Ferre: Alright, take up Item 3.
Mr. Plummer: Move it.
Mayor Ferre: Alright, is there a second on Item 3?
Mr. Perez: I second.
Mayor Ferre: Is there further discussion? Are there any objectors? Is the
applicant here?
Mr. McManus:
gl
It's a Planning Department application, Mr. Mayor.
26
APR 2 2 1982
Mr. Plummer: Planning Department, they are here. You are here.
Mayor Ferre: That's the Planning Department, yes. Read the ordinance.
Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDIANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR
THE CITY OF MIAMI, BY CHANGING THE ZONING
CLASSIFICATION OF THE AREA BOUNDED BY APPROXI-
MATELY NORTH MIAMI AVENUE, NORTHEAST SECOND AVENUE
AND A LINE + 104' NORTH OF, SOUTH OF, AND
PARALLEL TO NORTHEAST 42ST STREET, FROM R-C
(RESIDENTIAL OFFICE) TO C-5 (LIBERAL 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.
Passed on its first reading by title at the meeting of March 25, 1982 was taken up
for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Conm►issioner 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 J. L. Plummer, Jr.
Mayor Maurice A. Ferre
_ NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9409
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.
20. SECOITD READUG ORDINANCE: A201D 69071 - ADD I:Ll-I ARTICLE
:C.I-6 DESIMI PLAZA OVOILAY DISTRICT (SPD-4) (PROVIDING
FOR EFFECT OF F.A.R./BONUS PROVISIMIS).
Mayor Ferre: Item 3b.
Mr. Plummer: Same.
Mayor Ferre: Plummer moves.
Mr. Perez: I second.
Mayor Ferre: Perez seconds, further discussion, read the ordinance. Call the
roll.
gl
2'7
APR 2 2 1982
I
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR TH,^.: CITY OF MIAMI BY ADDING A NEW ARTICLE _
XXI-6 DESIGN PLAZA OVERLAY DISTRICT (SPD-4);
PROVIDING FOR EFFECT OF THE OVERLAY DISTRICT,
USE REGULATIONS, LIMITATIONS ON USES, YARDS,
HEIGHT, FLOOR AREA RATIOS, BONUS PROVISIONS
AND PARKING; BY REPEALING ALL ORDINANCES, -
CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of March 25, 1982 was taken up
for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Perez, the Ordinance was thereupon
given its second and final reading by title and passed and adopted by
the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9410
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
NOTE: Commissioner Miller J. Dawkins entered the meeting at
10:12 O'clock.
21. SECOND READING OP.DINt14CE: CIWIG ZONING OF 1484-1500 N.U. 3nD
AVL. FROM P.-4 TO G-U.
Mayor Ferre: Take up 4 on second reading.
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves, is there a second?
Mr. Perez: Second.
Mayor Ferre: Perez seconds, further discussion? Are there any objectors?
Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
AS AMENDED, THE COMPREHENSIVE ZONING ORDI-
NANCE FOR THE CITY OF MIAMI, BY CHANGING
THE ZONING CLASSIFICATION OF TRACT 9,
TOWNPARK SUB 4 (87-52) URBAN RENEWAL PRO-
JECT FLORIDA R-10, BEING APPROXIMATELY
1434-1500 NORTHWEST THIRD AVENUE, FROM
R-4 (MEDIUM DENSITY MULTIPLE) TO GU (GO-
VERNMENTAL USE) AND BY MAKING ALL THE
NECESSARY CHANGES IN THE ZONING DISTRICT
MAPS MADE A PART OF SAID ORIINANCE NO. 6871,
BY REFERENCE AND DESCRIPTION IN ARTICLE
III, SECTION 2, THEREOF, BY REPEALING ALL
ORDINANCES, CONTAINING A SEVERABILITY
CLAUSE.
g1 28 r, 221982.
a
F-I
A
Passed on its first reading by title at the meeting of March 25, 1982 was taken u
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 seuond and final reading by title and passed and adopted by
the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9411
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
22. FIRST READ32IG ORDIiIANCC: APPEAL BY A & A GLASS ACID :'I^..^.0^, INC.
FOR CLANGS OF ZOiIII;G AT 2304 S.W. 7Tf STREET FROTI. -2 TO C-4.
Mayor Ferre: Take up Item 5 on first reading. Alright, sir. Is the applicant
here? Two applicants. Are there any objectors present? Is there anybody here
that objects to the... to Item 5? Alright, make your presentation.
Mr. Whipple: Mr. Mayor and members of the Commission, the Planning Department
did recommend denial of this item along with the Zoning Board. We felt that
the requested change of zoning unduly encroaches and infringes upon the
established residential area to the north of the subject property and that the
development of this property for commercial purposes would be in odds with the
residential character of the area. for these reasons we recommended denial of
the item.
Mr. Plummer: Alright, applicant for the record state your name and mailing
address.
_ Mr. Mike Blue: My name is Mike Blue, 15490 Southwest 85th Lane, Miami. We
realized that the Planning Department, of course, was against us and after
the zoning meeting.we have amended our requests so that we only rezone the
back forty feet of this parcel of property and we have made a drawing... a
rendition to show that what exactly would be changed. We understand, of
course, we are not looking to change anything as far as the neighborhood. We
don't want to rezone the whole neighborhood.
Mr. Plummer: Are you speaking of the sixty feet from your property line
north?
Mr. Blue: No, it's a hundred forty foot lot.
Mr. Plummer: Ok.
Mr. Blue: That lot is fifty wide by a hundred forty feet and what we are
wishing to do is it would be the south forty feet. It would be...
Mr. Plummer: That would be near 7th Street?
Mr. Blue: No, it would be the opposite side, right there.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Blue: Right.
91
29
A PR 22 1982
Mr. Plummer: Well, that would be...
Mr. Blue: We also have those parcels due north of it. We own a business on there
A & A Glass and Mirror where we currently house our offices and service facilities.
Mr. Plummer: What are you going to use it for?
Mr. Blue: We are putting a propane... We are desiring to put a liquid propane
tank on there for the use of converting our vehicles over to propane fuel and
we would be fueling our vehicles at that point.
K1.. Plummer: Well, let me ask the department, is this a major change and
as such should go back to the Zoning Board?
Mr. Whipple: No, it's not a major change that has to go back, it is lessening
the actual petition.- In other words, rather than a whole lot, here they are
suggesting.forty feet.
Mr. Plummer: Well, Ok, then off the top of your head since you are ready give
us your recommendation on this that they have proffered this morning.
Mr. Whipple: The question of propane, we had indicated we had felt there was
room on the site. The existing commercially zoned site. However, we have
been assured and reasonably convinced that this is not possible. The rezoning
of forty or a portion of this site is less detrimental than would be the whole
site. The encroachment...
Mr. Plummer: Brilliant deduction. Brilliant.
Mr. Whipple: ...is a judgment... factor and perhaps with proper screening and
walls this would have minimal impact upon the abutting properties. It at least
won't permit commerical development right out onto nth Street which we were
quite against.
Mr. Plummer: Alright, let me ask this question. Is there another way of
doing it without rezoning?
Mr. Whipple: No, sir.
Mr. Plummer: Alright. Do you have any further statements to make, sir?
Mayor Ferre: I will call the question. What's the will of this Commission?
Mr. Plummer: Well, hold it, Mr. Mayor. I have asked the applicant if he
has anything else to say.
Mr. Blue: Well, really... no, not really. We are... as I mentioned, of course,
in our statement, our opening statement, we are just... we are not seeking
to change the neighborhood. We just need that section. We have no facility
to put a propane tank on our existing facility.
Mr. Plummer: Are there any objectors present? What is the will of the Commission?
Mr. Perez: How many objectors do you have?
Mr. Plummer: There were two in favor by mail and two proponents.
Mr. Blue: There were four.
Mr. Plummer: No, sir, I'm reading from the official... there were no objectors
present by mail or by attendance. And the map doesn't show any objectors.
What is the pleasure of the Commission?
Mr. Perez: That's in the back of the parking lot of the Royal Trust Bank, right?
Mr. Plummer: No, it's further west.
Mr. Blue: No, sir. No, sir, Royal Trust is Northeast of us.
Mr. Plummer: It's west. Joe, we are on Item 5. They have reduced the
application from the entire lot to only the back forty feet. What is the
pleasure of the Commission? I will ask one more time and...
MU
30
APR 22 1982
Mr. Perez: I would like to move that be approved.
Mr. Plummer: There is a motion made to approve the reduced application, is
there a second? one time. Is there a second? Two times. Is there a second?
three times?
Mr. Carollo: Mr. Whipple?
Mr. Plummer: Mr. Whipple, question of Commissioner Carollo.
Mr. Carollo: I think we understand each other a little better than Mr. Perez-
Lugones, now. The main area that they have compromised additionally, can you
go over that please, again?
Mr. Plummer: Joe, here is a map.
Mr. Carollo: Well,'he has it up here also, doesn't he?
Mr. Whipple: The original request as the lot in yellow is displayed on the
wall for a change of zoning from R-2 to C-4 to be used in conjunction with
their commercially zoned property on Southwest 8th Street. They have proferred
before the Commission here today that they do not need the rezoning of the
entire lot for what they want to do. They want to rezone approximately forty
feet, the south forty feet of the lot to commercial development to allow for
a propane tank as part of their operation and leave the remaining hundred feet.
I believe, or a little... I believe it's a hundred feet in the present zoning
classification of R-2.
Mr. Carollo: What are your feelings about the new proposal that they are
presenting?
Mr. Whipple: Well, as I indicated earlier, the proposal is better. It is
a change of zoning► the impact that would be caused by the change of zoning
is lessened as we are only talking about forty feet it's possible that this
would have no significant impact at all if properly screened and walled.
Mr. Carollo: Can I for the record, again, ask the applicant the reason for
the hardship in requiring the variance?
Mr. Blue: Now, what we are trying to accomplish in converting our vehicles
over to propane fuel to avoid any cut off in fuel has occurred two times in
the past. We operate a service business. We have a few vehicles that are
converted. We have tried using another facility to fill up at. They are
not set up for retail, more or less retail trade and it ties our vehicles up
sometimes an hour, an hour and a half in the morning. So, we had gone to
City Gas people about this and in the conversion over they would provide a
tank for us on site, so that we would be able to fill up on site.
Mr. Carollo: Can... Mr. City Attorney, can we possibly... should I say,
would it be proper to ask for a covenant based...
Mr. Plummer: No, you can't ask for it, they can volunteer it.
Mr. Blue: We had fully intented to provide a unity of title and a covenant
so that the parcels in the front... fronting on 8th Street and that portion
would never be separated. It would be, I guess, legally tied into the property.
Mr. Carollo:, You are going to volunteer that.
Mr. Blue: Yes, yes, we fully intended. That was an area you sould ask if
there were any other items that I meant to mention that I forgot, but we
are going to provide a covenant, a unity of title so that there is no
separation of those parcels.
Mr. Carollo: Ok, I second the motion then.
Mr. Percy: Commissioner, they should be aware of the fact that they... by
carving off forty feet of this lot they are going to be left with the substandard
lot in an R-2 district and they won't be able to utilize that lot for regular a
building site and so long as the applicant is aware of that, it would require
a replat and a host of other considerations in order to make use of the
remaining portion of the lot.
gl 31
APR 2 2 198Z
Mr. Blue: We are aware of that.
Mr. Carollo: You are aware of that. Alright, well, there is a motion and
there is a second, any further discussion?
Mr. Plummer: Under further discussion, I would want that, that covenant would
in fact contain that they will at all times maintain the landscaping and wall.
Also that remaining portion of the lot which can now not be sold, that they
will maintain that in a reasonable state of maintain. In other words, what
I'm saying is when you have a substandard lot they can't sell, I don't want
that they just evacuate their responsibility and not maintain the health code
which so often happens and I want that incorporated. I would assume this motion
is subject to...
Mr. Percy: He indicated, Commissioner, he will voluntarily put that in the
covenant. We will insure that it is. We would not want to make it a condition
of its approval.
Mr. Plummer: Yes. It's not a condition, it's... the motion would be subject
to the arrival of that voluntary covenant.
Mr. Percy: I understand.
Mr. Plummer: I'm sure you do.
Mayor Ferre: So, what do you all want to do?
Mr. Plummer: 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 LOT 5, BLOCK 2, HARDING _
HEIGHTS (6-138), BEING 2784 .MOUTH WEST 7 STREET, FROM R-2
(TWO FAMILY DWELLING) TO C-4 (GENERAL COML RCIAL); AND BY
MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE -
A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND
DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF, BY
REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN
CONFLICT AND CONTAINING A SEVERABILITY CLAUSE.
Was introduced by Commissioner Perez and seconderl by Commissioner Carollo
and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
gl
32
APR 2 2 1982
•
0
2 3. FIRST MADI IG ORDINXICE : AM14D
DISTIRICTS), SEC. 1, ADD "SPD-5
6571 (MIT III, ZO11I11G
KERITAM CONSERVATION:
?_AV nTCTDTrT0%
Mayor Ferre: Alright, we are now on Item V. This is a first reading of
the Planning Department's application for the Heritage Conservation Residential
Office Special Overlay District. The Planning Department recommended approval.
The Advisory Board recommended a unanimous approval 7-0, ok?
Mr. Joe McManus: Mr. Mayor and members of the Commission, Items 7A and 7B
are a special plan development heritage conservation district which we are
proposing to add to the Zoning Ordinance. Item''C"would apply that new district
to two historic houses.
Mayor Ferre: Two historic what?
Mr. McManus: Houses. And they are listed there as Petit Duoy and the
Warner House. For purposes of presentation, I would like Ms. Joyce Meyers
and Sarah Eaton...
Mayor Ferre: Did you say the Plummer Furneral Home?
Mr. Plummer: Careful buddy, you are treading on thin ice.
Mr. McManus: For purposes of presentation I would like to introduce Ms.
Joyce Meyers and Ms. Sarah Eaton of the Planning Department to take you through
the presentation.
Ms. Joyce Meyers: Good morning, Mr. Mayor and members of the City Commission.
My name is Joyce Meyers representing the Planning Department. There may be
some confusion as to why we are presenting an historic presentation district
called "SPD" when tonight we will be considering a city wide preservation
ordinance called "HC" or Heritage Conservation. The reason we are proposing
this ordinance now in this form is that we have two property owners of
historic homes who want to preserve them, but who's financial commitments
will not allow them to wait until the HC Ordinance is approved. It may be
six months or more until we have a preservation board who is ready to act
on some of these issues. It's also beneficial to consider this SPD District
now, because it's a good example of how the HC Ordinance will work when applied
to individual properties. This ordinance provides the kind of incentives
for preservation that the HC Ordinance is intended to do. The whole point
of this SPD District is to make preservation of these properties financially
feasible by a change of land use. We have two large single family houses that
are in zoning districts that are restricted to residential. One is in an
R-3B District and one is in an R-4 District. This ordinance will allow
conversion of these houses to professional offices. The office use will be
limited to the existing historic structure and a new construction or additions
will be subject to all of the limitations of the existing zoning district
related to residential uses. Section 7 of this ordinance requires approval
of all alterations or demolition by the Urban Development review Board and
that section also provides guidelines and standards for the Urban Development
Review Board -to use in approving projects. Especially standards to prevent
undue impacts on the surrounding neighborhood on things like parking and
access and screening of parking and service areas of these office uses. It's
also important to note that both of these properties, although, are zoned
residential are immediately adjacent to commercial districts. We are not
creating an office use in the middle of a residential neighborhood, but
rather on the edge of it in a direct facing relationship with commercial uses.
Mr. Plummer: What is the... I know of the Warner Structure, where is the other
one?
Ms. Meyers: The other is the one on the screen, I believe. It is on the
corner...
Mr. Plummer: If you can make anything up out of that screen I will...
3
91 APR 22 19�
Ms. Meyers: This is the Petit Duoy. It is on the corner of 15th Road
and Brickell Avenue. Right across the street from R-CB, the high density
Brickell Zoning.
Mr. Plummer: This is the one...
Ms. Meyers: We will be showing you photographs of the houses so you will be
able to picture it.
Mr. Plummer: Is this the one across the street from the church?
Ms. Meyers: Yes. Sarah Eaton, I would like... is our consultant to the
department on preservation. I would like her to describe briefly why these
houses meet the criteria for historic significance, because that's important
for future too.
Mr. Plummer: Well, if in fact, what we are doing here this morning and if
in fact,'we pal.s this ordinance, this merely starts the time frame for public
hearings, is ti-a.t correct?
Ms. Meyers: No, at this particular time with this SPD you are doing two things,
you are granting the change of zoning and by virtue of that you are saying this
house is historic, this is the end of the public hearing right there.
Mr. Plummer: Ok, for example, if across the street the church wanted to object,
they won't have that opportunity if we passed this, this morning?
Ms. Meyers: They have had the opportunity. They were present at the PAB
meeting and have talked to me through their attorney. They are in favor of
it.
Mr. Plummer: Ok, but in other words, these two particular parcels have been
before the PAB and both were approved?
Ms. Meyers: That's right.
Mr. Plummer: And all we are doing here... how could they approve them when
the ordinance is not even in effect?
Ms. Meyers: Because we are using the vehicle of an SPD District now, because
it is available to us. Later on if the HC Ordinance is approved, then we
will be using that instead of SPD.
Mr. Plummer:
And both of these parcels, the owners are wanting to do this
of their own
free accord?
Ms. Meyers:
Yes, they are here and they will speak to you.
Mr. Plummer:
I have got no problem.
Mayor Ferre:
(COMMENT INAUDIBLE).
Mr. Plummer:
No, you are going to have more.
Mayor Ferre:
Huh?
Mr. Plummer:
They've got more presentations.
Mayor Ferre:
Alright, you have one more presentation?
Mr. Plummer:
She is going to tell you why...
Mayor Ferre:
Go ahead.
Ms. Sarah Eaton: Yes, I will be talking about the two properties. The two
properties that we are proposing...
Ms. Hirai:
Excuse me, your name and address for the record, please.
Ms. Eaton: I'm sorry, Sarah Eaton representing the Planning Department. The
two properties we are proposing to include in the SPD District are the J. C.
Warner house and Petit Duoy. This is the J. C. Warner house at
91 34 APR 2 2 198Z
111 Southwest Sth Avenue. The house is eligible for designation. Under
three of the criteria for designation that we have developed for the proposed
HC Ordinance. The first criteria is associated in a significant way...
Mr. Gary: I don't think they can hear you, why don't you try talking into the
mike, it's working.
Ms. Eaton: Is associated in a significant way with the life of a person
important in the past. The Warner house was the home of J. C. Warner and
his family. From the time of it's construction in 1912 until the 1970s.
Warner was the founder of South Florida's first floral company and he conducted
the business from the downstairs of his house. The second criteria is "embody's
those distinguishing characteristics of an architectual style or period or
method of construction. The Warner house is an outstanding example of Neo-
classical style architecture. A style that was popular during the first part
of the twentieth century, but a style that was relatively uncommon in Miami.
The third criteria is "contains elements of design, detail, materials or
Craftsmanship of outstanding quality or which represent a significant innovation
or adaption to the South Florida environment. The Warner house is particularly
note worthy for the excellence of it's craftsmanship in detailing. Some of its
outstanding features include the massive columns across the front, the
window, the decorative chimney caps and the porte cochere. This is a photo
of the building shortly after it's construction in 1912 and as you can see the
building has seen very few alterations. Ok, the second property is Petit
Duoy. This property also meets three of the criteria for designation. The
first is associated in a significant way with the life of a person important
in the past. Petit Duoy has been the residence of John and Ethel Murrell
from the time of its construction in 1931 until the present. Both John and
Ethel Murrell have been prominent local attorneys and have been known for
their strong community activism. John Murrell represented many pioneer families,
including the Brickells. Ethel Murrell was a leading feminist and authored
much of important legislation in Florida. The second criteria embodies those
distinguishing characterists of an architectural style or period or method of
construction. Petit Duoy is an oustanding example of period revival style
architecture and it's Miami only example, only known example of a french
chateau. And finally, the third criteria contains elements of design, detail,
materials or craftsmanship of outstanding quality or which represent a
significant innovation or adaption to the South Florida environment. Petit
Duoy is particularly note worthy for the excellence of its craftsmanship and
detailing and some of these oustanding features include the two octagonal
towers, the parapet roof, the crenulated garage roof and the trefoil arched
windows with leaded or stained glass. In front of you are two site plans
which have been prepared for the two properties showing possible solutions
to accommodate parking and access requirements.
Ms. Meyers: Mr. Mayor, I would like to point out that on page 3, of the ordinance,
Section 4, there had been an amendment approved by the Planning Advisory Board
which does not appear in the copy that you received today and I would like to
read that amendment into the record. This is under Section 4, Paragraph 2.
It should read "Office for the conduct of real estate mortgage financing (but
not including savings and loans, banks or similar financial institutions
close)" and then continue as it is "Accounts, tax consultants... and so forth.
Mayor Ferre: Ok, are we ready for a motion then? Are you objecting?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Alright, go ahead.
Ms. Janet Cooper: Janet (toper, 1901 Brickell Avenue, for Save Brickell Avenue
Inc. Save Brickell Avenue has reviewed this and we have a minor problem with
the use that would be permitted. If you will look on page 3, Section 4,
subparagraph 3. We are talking about an area that's in a strictly residential...
a property that's in a strictly residential area. Specifically, the Petit
Duoy house. We have no problem with the general concept of the ordinance,
but we are concerned with allowing retail sales of antiques, arts in general.
The way this is written we don't believe that the language related to local
history or historic preservation refers to antiques or arts and we think that
unless it's limited to the local history, historic preservation of that
particular home that it might generate a lot more traffic than really should
be in this particular area. So, we would like to have it very clear that
they can't just sell all antiques or all art, but only those that are related
to the historic concept of this ordinance.
gl 35 AJPR 2 2 1982
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Mayor Ferre: You have no problem with that, do you? I mean, that's reasonable.
Ms. Cooper: Sure...
Mayor Ferre: Ok, with that stipulation are you ready to vote?
Ms. Cooper: Wait there is another... there is more. We also have a problem
with the procedure in approving this. It's set up that it will go before the
Urban Development Review Board and it's required that there be a public hearing
with posted and published notice. When we went before the Planning Advisory
Board I was under the impression that the Planning Advisory Board agreed with
us that there should also be mailed notice to the property owners in the
vicinity, since it would greatly affect the property owners in the vicinity
and that was not included in this version of the ordinance that's before you
today. And in discussing this with Mr. Whipple later, Mr. Whipple pointed
out and I tend to agree with him that there is a problem with creating a new
function for the Urban Development Review Board and I'm going to hold the
rest of my comments until most of you are off the phone. Yes, I have go two
more.
Mayor Ferre: Ok, now you got three. Go ahead.
Ms. Cooper: We feel that there is a problem with not giving mailed notice
to the property owners in the immediate vicinity and we feel that a normal
public hearing should be allowed and Mr. Whipple pointed out that there is
a problem with creating that type of hearing before the Urban Development
Review Board. It's just not set up that way and I agree with him. So, I
think that may be we ought to switch to a different board that is set up
to handle public hearings with public notice and may be he wants to... I
think he wants to comment on that.
Mayor Ferre: Alright, Mr. Whipple, comment.
Mr. Whipple: The concern expressed by myself was that of the... just the
procedures, not necessarily the comment in the assignment of the responsibility
to the Review Board. Procedurely that does lengthen the process and the functioning
of the Board and whenever you do that, that causes problems. At the present
time I consider the board operates quite efficiently with a basic simple notice
in a place of attention and most of the items as they gone before the Zoning
Board they are then properly advertised through the regular channels at that
point in time. So, my comment was simply of the burdening of the administrative
process with respect to getting heavily into legal notices, posting notices
and radius of mailing and things of that nature. That is always a concern
cost wise.
Ms. Cooper: Well, the problem with that... the problem with that is if this
were to go then forward to a Zoning Board, for example, there wouldn't be
so much of a problem, but this is set up so that the Urban Development Review
Board is the final approval and be,!;ause the nature of those meetings have not
been public in the past there has been no published notice and no mailed notice.
It creates a problem. So, I think �aihat we need to talk about here is opening
this process up to the people who are in the area by affording them mailed
notice and making it a genuine public hearing with all the proper notice and
having it government in the sunshine and without that we have a serious problem.
So, that's as far as the ordinance goes and if you would like me to comment
on the specific property, I will or if you would like me to reserve that for
a few moments I will do that.
Mayor Ferre: You have any rebuttal?
Mr. Whipple: If the Commission so desires, fine, this can handled. I didn't
say it couldn't be done. I just said it was an added process that the board
has not been accustomed to. If the Commission feels we should do it in this
manner, that's fine.
Mr. Plummer: Wouldn't it rightfully be expense incurred on behalf of the
applicant?
Ms. Meyers: It could be that way. There is no fee structure currently
established for this and it would take some action by the Commission.
gl
V� AIFR 22 1982
0 &
Mr. Plummer: Well, hey, you know, we went to a fee structure a long time ago
to make these things not a profit, but least to cover expenses and I think you
have got to do that. It's only right. Are you going to speak to the individual?
Ms. Meyers: Yes. As far as the house on Brickell, there were two comments that
we had. First of all there has been a series of violations... I don't know if
it's violations, but there has been parking on 15th Road that has generated a
problem in traffic and we were asking that, that stop as a condition of
approving this zoning. There is a indent lane, sort of like a turning lane
and when cars are parked there and when cars are parked on Brickell itself
it creates a traffic hazard. So, we would like to see that condition alleviated.
Second of all we have a problem with parking in the front of this property
on Brickell as is shown in the sketch of what was planned. We would prefer
the parking to remain in the rear or along 15th. We don't think it's appropriate
to be on Brickell. Those are my comments. Thank you.
Mayor Ferrer Ok, you want to incorporate all that or not? Anybody have any
problems?'
Ms. Eaton: Mr. Mayor, in relate to the final comment about not having parking
on that part of Brickell Avenue, it would not be possible to provide sufficient
parking for this office building unless it is put on that location. I think
it can be adequately screen with vegetation. It is already going to be located
about four feet above grade because there is an outcrop in there and if we
are going to provide parking it's got to be there.
Mr. Plummer: I move 7A.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: There is a second, read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
AS AMENDED. THE COMPREHE14SIVE ZONING
ORDINANCE FOR THE CITY OF MIAMI, BY
AMENDING ARTICLE III - ZONING DISTRICTS,
SECTION 1-CLASSES AND SYMBOLS, BY ADDING
"SPD-5 HERITAGE CONSERVATION: RESIDEN-
TIAL - OFFICE SPECIAL OVERLAY DISTRICT"
AFTER "SPD-4 DESIGN PLAZA OVERLAY DIS-
TRICT;" 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 THERE-
OF IN CONFLICT AND CONTAINING A SEVERABI-
LITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins
and passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
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 public.
gl
37
ArR 2 2 1982
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24. FIRST RLADIIIG ORDINANCE: ADD NEW AR:. )MI-7 "SPD-5 "MRITAGE
CONSERVATIONt RESIDENTIAL/OFFICE SPECIAL OVERLAY DIST."
(PROVIDING FOR INTENT, PRES.-:11VATIO11 OF rISTORIC STRUCTUPES,
USL REGULATIONS, ETC.)
Mayor Ferre: Now, we are on 7B.
Mr. Plummer: 7B as I understand it would be subject to site approval, is
that correct?
Ms. Meyers: That's.right.
Mr. Plummer: I move it. Is the notice in there? Is that where it's to be?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: Alright, 7B, providing for adequate notice.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: Adequate.
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Call the roll.
Mr. Plummer: Mailed is adequate.
(ROLL CALL WAS DONE PREMATURELY)
Mr. Plummer: Wait a minute, how about reading the ordinance.
Mayor Ferre: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
AS AMENDED, THE COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY OF MIAMI BY ADDING
A NEW ARTICLE XXI-7 HISTORIC CONSERVA-
TION: RESIDENTIAL -OFFICE SPECIAL OVERLAY
DISTRICT (SPD-5); PROVIDING FOR INTENT,
PRESERVATION OF HISTORIC STRUCTURES,
EFFECT OF THE SPECIAL OVERLAY DISTRICT,
CRITERIA, USE REGULATIONS, LIMITATIONS ON
USES, AREA, YARDS, HEIGHT, LOT COVERAGE
LANDSCAPING FLOOR AREA RATIOS, OFF-STREET
PARKING, AND SITE AND DEVELOPMENT APPRO-
VAL; BY REPEALING ALL ORDINANCES, CODE
SECTIONS OR PARTS THEREOF IN CONFLICT
AND CONTAINING A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins
and passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
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 public.
glg APR 22 1982
i a
25. FIRST READING ORD11WICE: APPLY PROPOSED "SPD-5 LE"ITAGE
CD,ISLRVATIOIt:RESIDE"ITIAL/OFFICE SPECIAL OV'..RLAY DISTINCT" TO
(A)PETIT DUOY AT.1503-DRICKE-LL AM AND TO (D) WARNER HOUSE AT
Mayor Ferre: On 7C let me read the following letter into the record. (AT THIS
POINT THE MAYOR READS INTO THE RECORD A LETTER FROM DR. JAMES THEEDE).
Alright, does anybody want to move 7C?
Mr. Plummer: I will move it, Mr. Mayor, with the assumption... Mr. Pierce or
Mr. Todd, you are one of the applicants, sir and you are requesting that this
be imposed -on your parcel? No, no, no, come up for the record. You are the
owner of the other parcel and you are asking that this be imposed on your
structure. No, no, no, on the record your name, your address and that you
are asking this be done.
Ms. Frances S. McIntyre: I am Frances S. McIntyre. I live at 1835 South
Bayshore Drive. I am a partner in the Warner place at 111 Southwest Sth Avenue
and I most urgently request, voluntarily this designation for my property.
Mr. Plummer: I move 7C.
Mayor Ferre: Plummer moves, is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Dawkins seconds, further discussion, read the ordinance. Alright,
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 ARTICLE XXI-7 HERITAGE CONSER-
VATION: RESIDENTIAL - OFFICE SPECIAL
OVERLAY DISTRICT TO THE FOLLOWING PROPER-
TIES: 1) PETIT DOUY - 1500 BRICKELL
AVENUE, LOTS 41 AND 42, BLOCK 55,
BRICKELL'S FLAGLER (5-44); 2) WARNER
HOUSE, 111 SOUTHWEST 5TH AVENUE, LOTS 8
AND 9, BLOCK 18, MIAMI SOUTH (B-41), AND
INCORPORATING BY ATTACHMENT DESIGNATION
REPORTS AND CRITERIA: 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; AND BY
REPEALING ALL ORDINANCES, CODE SECTIONS
OR PARTS THEREOF IN CONFLICT AND CON-
TAINING A SEVERABILITY CLAUSE
Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins
and passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
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 public.
g1 APR 22 1982
0 0
26. AMID WATSON ISLAND DEVEL;OPML"?+TT ORDER (APPROM BY R-GO-525
OF JULY 10, 1960) 0
Mayor Ferre: Now, we are on Item #8. Mr. Gilchrist, this deals with Watson
Island.
Mr. McManus: Mr. Mayor and members of the Commission, two preliminaries before
Mr. Gilchrist makes his presentation. First of all, I would like to report
to you that.his item -was hear last evening by the Planning Advisory Board and
the Planning Advisory Board voted denial by a 4-3 vote. Secondly, Mr. Gilchrist
is now distributing to you certain revisions to the resolution and having to
do basically with the whereas clauses of the resolution. The reason for this
is because of the intricacies dealing with the city's previous development
order, various actions by the South Florida Regional Planning Council and the
Governor and the Cabinet. We have been working with the Law Department to
assure that the... all the series of whereas clauses accurately encompass and
portray the City's position and Mr. Gilchrist has distributed that to you.
I would suggest to you that it does not get to the substance of what you were
dealing with, but more to the format of the resolution. Mr. Gilchrist.
Mayor Ferre: Mr. Gilchrist.
Mr. John Gilchrist: Mr. Mayor and Commissioners, this is in order to carry
forward with the demands of the Land and Water Adjudicatory Commission. As
you know the original development order was appealed by the Regional Planning
Council went before the Cabinet acting as the Land and Water Adjudicatory
Commission and they allowed the development order with five conditions to be
met by March 1st of this year. Because of court action regarding the agreement
between the City and Diplomat World Enterprises which voided that agreement —
we went before the Land and Water Adjudicatory Commission in March and asked
for an extension of time. They granted that extension of time on five items.
Items one, two, three and five. They established a deadline of May lath for _
us to be back before the Cabinet. In order to meet that deadline we are before
you here asking for approval of amendments to the development order incorporating
the conditions of the Cabinet order. The fourth item... the fourth condition
established by the Cabinet allowed a different deadline and that deadline is
to be one hundred twenty days after the next election in the City of Miami and
that was in... by the Cabinet's recognition of the potential changes that
are being considered by our Law Department at this time in order to move forward
with the new procurement procedure. But the time schedule was very tight, we
got the order on March loth to meet the Cabinet deadline of May lath. We
in that interim have had to go before the Regional Planning Council. We are
on the Regional Planning Council meeting of May 3rd and these documents and
all of the backup material have been submitted to them and reviewed by them
at this time.
Mr. Plummer: Let me ask you a question. It is my understanding that, that
which is before us today is nothing more than the City complying with the
request of the Cabinet in more clarified version.
Mr. Gilchrist: That's correct, sir. It gives evidence to the Cabinet that
we in fact have established these conditions as criteria for the project.
Mr. Plummer: This does not in anyway alter that action taken by the Commission
for the further study or in anyway change the language of which we have passed
in the past here in the past actions?
Mr. Gilchrist: That's correct, sir.
Mayor Ferre: Alright, is there further discussion on this? Mrs Shubin?
So, in other words, what we are performing here is, we are just complying
with the Cabinet's request and that this is just one of the legal things
we have got to do.
Ms. Florence Shubin: Mr. Mayor and members of the Commission, number one, I
object to this coming up...
91 = AFR 2 2 1982
0 a
Ms. Hirai: Excuse me, your name and address for the record, please.
Ms. Shubin: Alright, my name is Florence Shubin and I live at 190 Palm Island,
Miami Beach, Florida. And if this Commission can give the key to the City to
the Shah Al Fassi on Star Island in Miami Beach, I think I'm entitled one for
the service that I consider I am doing this City.
Mr. Carollo: Well, you certainly are, Ma'am.
Mayor Ferre: We will give you a key too.
Mr. Plummer: Yes, we will also accept your check for the sports complex.
Ms. Shubin: Oh, Mr. Plummer, I'm a tax payer, how much taxes...
Mr. Plummer: But not in the City.
Ms. Shubin: Yes, absolutely. I own a building on loth Street... loth Avenue
and 10th St.
Mayor Ferre: Well, let's get on with this.
Ms. Shubin: Ten thousand dollars a year. I object to this coming up the
very next morning after a Planning Advisory Committee meeting last night. This
certainly doesn't give us sufficient time to analyze this... what went on in
between, but as you know last night the Planning Advisory Board found that the
proposed amendments to the City's development order on Watson Island did
constitute as substantial deviation from the original development order and
therefore they could not approve the amendments. For example, the wording
used by the Land and Water Adjudicatory Commission was not used by the City
with respect to the conditions. There were letters attached to this written
to Greenleaf Telesca on another project which were presented as evidence on
the Watson Island project. I presume you don't agree with me, but may I say
at this point that the whole project today is a vast deviation because it
is five years out of tune with the times. It may have cost one million
dollars to find out you couldn't get a tax exempt status for the bonds, a ten
million dollar HUD grant and that you couldn't build it for fifty-five million
dollars anymore, but that may have been money well spent. Especially if you
take off your blinders and see the facts as they really are and not be blinded
by a wishful thinking. Needless to say the phoniest amendment of all is the
one on traffic or the transportation condition, condition number three. For
your information at this moment traffic is bumper to bumper on the McArthur
Causeway. Mr. Mayor, you have said you would like to consider the bayfront
as a whole, including Watson Island. Other people in the community are now
rethinking Watson Island. There was much talk about a bullet type train
between Tampa, Orlando and Miami. You had better have something better than
a dinky amusement park on thirty-five acres of Watson Island to keep some of
those tourist here. I will wager many of them will stop over in Miami to
visit the new zoo and possibly the adjoining, proposed theme park, but an
amusement park on Watson Island is a joke and oddly enough I can envision a
Tivoli Gardens in Bicentennial Park, it is a natural there, everybody can walk
to it. No, traffic, no parking, no conjestion and from there they can go to
the Maritime Museum and the Tall Ship's Basin and then on down to Eavfront
Park and even up to the new Fine Arts Museum. Today you have the opportunity
to take the Florida Cabinet off the hook by abandoning this sticky Watson
Island project. Today you have the opportunity to start thinking of some
new, fresh ideas of what to do to enhance Watson Island, which in turn could
be a big positive plus for the City of Miami, but you will never get anywhere
with your thinking bogged down in a mire of five year old plans with five
muddy conditions attached to them. Put your fifty-five million dollar bond
issue somewhere else. Somewhere when it might even prove to be more attactive
to buyers and let's look into the Greenleaf Telesca Maritime master plan which
you have already spent over fifty thousand dollars for, for better development
of Watson Island. Thank you.
Mayor Ferre: Alright, thank you, Ms. Shubin. Are there any other statements,
questions from the members of the Commission? As the administration said in
answer to Mr. Plummer's question, this is a legal perfunctory thing which
deals with the Cabinet's request and it's just a legal necessity to do it this
way. Are there any... what's the will of this Commission?
Mr. Plummer: Move it.
APR 22 1982
gl
Mayor Ferre: Plummer moves, is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion? Alright, call the roll.
ON ROLL CALL:
Mr. Dawkins: Since this is just a legal move I vote "yes" with one recommendation
that before you bring it back for any final recommendations or what have you,
that you think in terms of rethinking your theme park in that Dade County is
thinking of putting a theme park down South and we really don't need two in
this area. It's just a matter of who gets theirs first. I vote "yes".
Mr. Carollo. Seemingly that there are some people in the private sector that
have shown some interest to contributing to a new stadium, I think there might
be a possibility in the future that we might get some other people in the
private sector to may be show an interest in the project that we are discussing
here today. I vote "yes".
Mayor Ferre: I vote "yes".
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 82-339
A RESOLUTION OF THE CITY OF MIAMI
COMMISSION AMENDING A DEVELOPMENT ORDER
FOR THE WATSON ISLAND DEVELOPMENT, A
DEVELOPMENT OF REGIONAL IMPACT, PROPOSED
BY THE CITY OF MIAMI, LOCATED ON WATSON
ISLAND AND BAY BOTTOM IN BISCAYNE BAY,
INCORPORATING CONDITIONS SET FORTH BY THE
FLORIDA LAND AND WATER ADJUDICATORY COM—
MISSION BY ORDERS DATED SEPTEMBER 29,
1982, FINDING THAT THE AMENDMENTS DO NOT
CONSTITUTE A SUBSTANTIAL DEVIATION FROM
THE TERMS OF THE WATSON ISLAND DEVELOP—
MENT ORDER, INCORPORATING RESOLUTION NO.
80-525 OF THE CITY OF MIAMI COMMISSION
AUTHORIZING ISSUANCE OF A DEVELOPMENT
ORDER, APPROVING WITH MODIFICATIONS, THE
WATSON ISLAND DEVELOPMENT, A DEVELOPMENT
OF REGIONAL IMPACT, AFTER CONSIDERING THE
REPORT AND RECOMMENDATIONS OF THE SOUTH
FLORIDA REGIONAL PLANNING COUNCIL,
APPLICATION FOR DEVELOPMENT APPROVAL.
THE "RESPONSE TO THE SOUTH FLORIDA
REGIONAL PLANNING COUNCIL STAFF ASSESS—
MENT OF THE APPLICATION FOR DEVELOPMENT
APPROVAL FOR WATSON ISLAND-, CITY OF
MIAMI (MAY 1980) INCORPORATED BY REFE—
RENCE, AND THE PLANNING ADVISORY BOARD
OF THE CITY OF MIAMI, AS REQUIRED BY
THE CITY OF MIAMI ORDINANCCE 6290,
SUBJECT TO THE CONDITIONS OF THE DEVELOP—
MENT ORDER AND AFTER CONDUCTING PUBLIC
HEARING AS REQUIRED BY CHAPTER 380.06,
FLORIDA STATUTES AND FURTHER, DIRECTING
THE CITY CLERK TO SEND THIS RESOLUTION
AND THE AMENDED DEVELOPMENT ORDER TO
AFFECTED AGENCIES.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo the resolution was
passed and adopted by the following vote-
gl. 42 APR 2 2 1982
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: And I will tell you, I think it's important enough, if you will
forgive me Miller, to take five minutes of your time, because I want to explain.
something, because 1-think there is some confusion about this. Let me go
briefly over some... because it's coming to a head fairly soon, but I want to
explain so we all understand what's going on. When we lost the Gladstein
case the Supreme Court of Florida in effect said "Alright, now you can't go
out and change the project and not rebid it, in effect". So, we need to do
one of two things. We need as you said to redefine and rethink or Ms. Shubin
said, rethink the whole thing or... but to do that we need to have a Charter
change in the way we go about bidding things, so that then we can comply with
the constitutional statement as made by the Supreme Court of Florida. Now,
the problem is that to do that we have got to the electorate. We have got
to put it on for a Charter vote. We retained.... an expert from Washington
will be here in May to tell us how to go about doing that and the Law Department
is going to recommend a legal way of doing it. Now, if the people of Miami
accept the Charter change, then in my opinion that is a signal for us to
rethink the whole waterfront, including Watson Island now. And I think we
would then have to consider abandoning the million dollars of expenditure and
the design work and all of the environmental and traffic reports and the whole
process. Now, if the people of Miami do not vote for these Charter changes
that would permit us to go ahead and change the way we do our things, then I
think my position is that we should then take what we have and put it out for
a rebid and see if the private sector or anybody is willing to come up and
do this. Now, with... to the point, should we abandon the theme park in
Downtown Miami because there is... I want to point out that there is a big
difference between a seven million dollar theme park, which is what the
County is talking about and a fifty-five million dollar Theme Park. I secondly,
want to point out that the fact that we have a small seven million dollar
them park twenty miles away may not be that much of a economic advantage for
our tourist industry in the Miami area with our hotels. Thirdly, I want to
point out that there are many areas that have several theme parks. For example,
the distance between Tampa and Orlando is as you know, what an hour, an hour
and a half?
Mr. Dawkins: Sixty miles.
Mayor Ferre: Sixty miles driving. And you have got Cypress Gardens, you
have got Busch Gardens and you have got Disney World all within that sixty
miles and as a matter of fact, I would hope that we do get at least two or
three theme parks in Florida. Lastly, let me say this. There are twenty
major metropolitan areas in the United States, including by the way... and I
include in that the Southeast corridor. That means from Palm Beach to Miami.
Three million people. Major, megalopolis metropolitan area, twenty. All of
them with the exception of one have a theme park, all them. There is not one
major American city metropolitanized that does not have a major tourist
attraction, family oriented, recreation place. The only one that does not
have such a place is the capital of tourism of America, Southeast Florida.
Now, that's unbelievable, it's unreal. How can we compete for tourism if
we don't have the tools... Now, that includes a convention... we brag about
our convention center. What convention... I mean, you know, the other day
I was with Lenny Haybert, he said what are you complaining about man, you have
not... that exhibition hall on Miami Beach hasn't been expanded in fifteen
years. It used to be big. It's two hundred forty thousand square feet. you
know what two hundred forty thousand square feet is? It's nothing. It's a
dinky little place. Atlanta just finished building a million square feet.
Now, would you believe that Miami is not one of the top ten convention cities.
We don't make the grade. We don't appeal to conventions. We are out of it.
We don't... We are not in there. We don't have a theme park. We don't have
an exhibition hall that's worth anything. We don't have a convention center.
Mr. Dawkins: Nor, hotels. APR 2 2 19On
+3
gl
i
Mayor Ferre: Huh?
Mr. Dawkins: And no hotels to house them.
Mayor Ferre: Well, we have got a lot of hotels, don't we?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: But in other words, what I'm saying is, we are just out of it.
We don't compete with Atlanta, we don't compete with Houston, we don't compete
with Dallas, we don't compete with Los Angeles, Chicago, New York, you name
it and we... Boston, Washington, Philadelphia, all of them have all these
tremendous facilities and we don't have stadiums, we don't have convention _
centers, we don't have exhibition halls, we don't have theme parks. Now,
we are desperately in need of a major, central, available, accessible theme
park. Now, the only question that I think really remains is, who is going
to do it and where it's going to be done. Now, I would be tickled pink if
Disney World or Busch or some of these big companies would come in and put
a theme park in Miami, but they haven't and therefore, we in government, I
feel have some kind of a responsibility. Secondly, with regards to where.
My God, where better than a eighty-six acre island in the bay accessible to
the whole community with a major expressway, almost within walking distance
from the ghetto, also within a reasonable distance from Little Havana, certainly
within a reasonable distance from the Downtown/Brickell Avenue hotels. I mean,
where else better. There are no neighbors--- excuse me, Ms. Shubin--- with
the exception of the two hundred families that live on these two or three
islands really are not going to be impacted. Good God, these are the same
people that violently objected to the sea port, violently, including the
Miami Herald. It's the same team. The Miami Herald and the wealthy people
who live in Star Island, Palm Island and the other island and they are the
same objectors that objected to the sea port. If we didn't have that sea port
in Miami... it is the single most important change in the economic history of
this community has been that sea port. Thank God, that this community overroad
the Miami Herald's editorials and those neighbors and put up that sea port and
I... and believe you, me that when that theme park is up, that the people of
this community are going to thank God that we have a first class, clean, healthy,
good tourist attraction where the people of Miami can go and have some kind
of recreation without having to go to gambling casinos and all the other
unacceptable tourist themes, but we are not deciding that today. So, I just
wanted to say for the record that come May we do have an important decision
on these Charter changes and I think we have to have a parallel system, so
that if the people of Miami indeed want a rethinking they would vote for the
Charter changes and that in my opinion, would be a signal for us to rethink
the whole thing. And if they don't, then we proceed with the plan that we have.
Mr. Dawkins: I would like to add this. Mr. Gilchrist, your memo covered
essentially what I was saying, so the next time you come back be sure and
cover item three, which says that "The City agrees to improve or to pay the
cost of improvements determined by the Florida Department of Transportation
to adequately accommodate vehicular traffic", number one. Number four is why.
I said about the theme park....You says, number four, that "The City prepare
plans for public transportation facilities to transport visitors to Watson Island
to assure that the projection for the number of visitors who would reach the
projected project through public transportation facilities can be realized".
Ok?
Mayor Ferre: Any further statements on any...
27. '?ESCI?ID P.- 82-183 PASSED (2/25/32) APpOTNTIPCI SIY. EWIR017VENTAL
P."ESERVATIGN REVIrU BCA'�T'. VE?'Bi'^.S AT'D DFrrPnl�'G C0"SI'')7V.TICF
Cr iiDI APPOIT?TI"ENTS TC Br ':AT)F.
Mayor Ferre: Alright, we are now on 9. This is a... rescind the resolution
of February 25th appointing six Environmental Preservation Review Board members
keeping two of the members... Now, what is that all about? Why are we rescinding
this? Could somebody explain this?
gl +�
APR 2 2 1982
Mr. Percy: It appears Mr. Mayor, at the time appointments were made to the
Environmental Preservation Review Board, there were names proferred by the
Commission that was not on the list that had been established by ordinance
as the appropriate vehicle for nominees and upon... We discovered this after
the vote was taken.
Mayor Ferre: Well, you got any names today that can apply?
Mr. Percy: I believe the resolution...
Mr. Whipple: The packet...
Mayor Ferre: We need to rescind first, right? Alright is there a motion
to rescind?
Mr. Dawkins.: So move.
Mayor Ferre: Dawkins moves, Perez seconds, further discussion, call the roll.
The following resolution was introduced by Commissioner Dawkins, who moved
its adoption:
RESOLUTION NO. 82-340
A RESOLUTION RESCINDING RESOLUTION NO. 82-183, ADOPTED
FEBRUARY 25, 1982, WHICH PROVIDED FOR APPOINTMENT OF MEMBERS
TO THE ENVIRONMENTAL PRESERVATION REVIEW BOARD.
(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: Now, we have to go about doing it properly, right?
Mr. Percy: Yes, sir.
Mayor Ferre: What's the proper way of doing it?
Mr. Whipple: If you will look at the memo underneath the resolution to
rescind dated November 30th, that list of those persons which were submitted
by the organizations as prescribed by 17-4 of the Code, you may note that
David Scully and Luis Fors that you did appoint the last time are on that
list and could be reinstated on the list you so desire. Otherwise those are
the names to be selected. We need one for each of the respective areas in
architect, landscape architect, a nurseryman...
Mayor Ferre: Who is the architect, please, that...
Mr. Whipple: There are three names submitted for the architectual position.
Henry Alexander who has served on the board, Rodney Mateu and a Terry Holt
are the architects.
Mayor Ferre: Rodney, who?
Mr. Whipple: Mateu.
Mayor Ferre: Mateu and Terry Holt.
Mr. Whipple: Yes, sir.
91 45 APR 2 2 1982
0
f
Mayor Ferre: Now, these names have they submitted themselves?
Mr. Whipple: No, they were submitted by the AIA, sir.
Mayor Ferre: Oh, I see. Alright, now, how about the others.
Mr. Whipple: David Scully, also an incumbent was submitted by the Landscape...
American Society of Landscape Officials. The nurserymen were submitted by the
Florida Nurserymen Association and the environmentalist, I believe, I would
have to check, I believe that was submitted by the Sierra Club and then
the others were submitted by neighborhood organizations or other organizations.
Mayor Ferre: Well, I will tell you what. Evidently, this is a screw up and
we don't... and my office has not interviewed any of these people. I frankly,
don't know most of them. In fact, I don't think I know any of them, except,
may be Alexander and'Scully. So, would you... and I think... would you have
your staff people look at the list and come up with a recommendation.
Mr. Whipple: Mr. Mayor, we do have a little problem which I think I ought to
bring to the attention of the Board. We have not had a board for a number of
months and to complicate that, not only do we have application pending, but
we do have an appeal pending regarding a...
Mayor Ferre; Whipple, do you want me to vote for people I don't even know?
I mean, inadvertently?
Mr. Whipple: No, sir, I just wanted the Commission to be aware of the conditions
that we are working, because if something is said that's where we are at.
Mayor Ferre: Alright, our next meeting is May 13th which is two weeks away
from now. I'm asking Mr. Nestor Toledo to come up with specific recommendations
and I would ask that each of you in your offices either interview these people
personally or have somebody in your staff do that and come up with specific
recommendations. We have got to make these appointments. Now, I'm sorry,
you know, the screw up was something that I... that, you know, happened and
I'm sorry it happened, but let's get on with it.
Mr. Whipple: If there is anything that the department can do you will notice
there is the appropriate forms each of the members listed filled out which
may give you some base information in addition to whatever else you might
say.
Mayor Ferre: Alright, I will be ready to vote on the 13th.
20. CONTINUE PUBLIC 1-MARNG 011 APPEAL BY p.PPLICA:IT (MIAMI ELPALD
PUBLISYMIG CO.) OF ZONING BOARD'S D'J-1IAL OF WIIAIICES ON
SETBACKS ADD F.A.R. TO T?-M MAY 27 CITY COHNISSIC14 2 ETING.
Mayor Ferre: Alright, we are now on #i10, are we? This is the Miami Herald's
application.
Mr. McManus:* Mr. Mayor and members of the Commission, in the early part of
March Commissioner Dawkins requested some background information on our
discussions on this item with the Miami Herald. We supplied a two page
memo that summarized our discussions with the Herald at that point and that
memorandum is also included in your agenda package. If there are any questions
on that I would be happy to answer them, otherwise, Mr. Whipple and the applicant
will proceed.
Mr. Whipple: Mr. Mayor and members of the Commission, the items that are
before you as indicated on the agenda is a request for modification of the
Charter Amendment regarding the waterfront setback and view corridor and the
second part of the application is that, that relates to setback variances
needed to provide for a one story addition on part of the Miami Herald
building.
gl
APR 2 2 1982
Mr. Plummer: Mr. Whipple, can I stop you for one minute-, because I raised this
question before and I would ask now, if I could, Mr. Mayor, through you to the
Legal Department. It was my understanding that the Charter Amendment that was
passed relating to the setbacks, that if in fact, that were to be changed it
would be the necessity of a referendum and I am... would at this time ask the
Legal Department the question that I asked them some two or three weeks ago,
would this application, since it does affect the recent Charter change have
or require a referendum of the public since it is of that fifty feet?
Mayor Ferre: Alright, there is a question of the Legal Department.
Mr. Percy: The waterfront Charter Amendment passed in 1979 Commissioner, provides
that properties abutting the bay be setback fifty feet from the bay, unless
modifications however could be made to properties and allow them to be close
to the bay if the Commission determine that there was a substantial public
benefit or.trade off. So, if the Commission and there are several properties
that have come before this Commission where public benefits were proffered
and had where buildings were allowed to be constructed closer than the fifty
feet. Several on the Brickell Avenue strip. So, the Charter Amendment does
not require a referendum on a per building basis, but merely for determination
by the Commission as to whether or not there is sufficient public benefits to
be had to allow the modification. In other words, you have the fexibility
to permit construction within the fifty feet if you deem the public benefits
are sufficient.
Mr. Plummer: Thank you.
Mr. Carollo: Mr. Attorney, if I may ask this at this point and time. There
is nothing in our Charter or rules and guidelines that would prevent us from placing
an item such as this in a referendum, is there?
Mr. Percy: There is no prohibition that would preclude that, no, sir.
Mr. Carollo: Alright, I just want to get that from the record before we start.
And if I may Mr. Mayor, at this point and time ask for a quick recess because
I want to make sure that we are all very alert for this item. If we could
ask for a couple of minutes.
Mayor Ferre: Fine, take a five minute break.
WHEREUPON the City Commission recessed at 11:15 and reconvened
at 11:28, with all members of the City Commission found to be
present.
Mayor Ferre: Do you have anything else you want to add, Mr. Whipple?
Mr. Whipple: Mr. Mayor, I think for the record I would like to touch upon
our recommendations.
Mayor Ferre: Yes, sir.
Mr. Whipple: Our recommendations in both parts of the application are for
approval. I would like to point out that we recommended approval subject to
certain conditions and to the best of our knowledge these conditions are
agreeable to the applicant and I think they should be in the record as they
did not appepx in the Zoning Board resolution for denial. We recommended the
approval provided that a public easement be provided along the bayfront.
And I will shorten this up because it is all in writing with minimum dimensions
That a public access easement and sidewalk leading to this bayfront easement
be provided along the southerly line or at least a pedestrian opening into
the existing fence for public access from the 13th Street to the bayfront
walkway. That's on the southerly end of the bayfront easement. Three, that
on the north side an entrance feature landscape and etc. be provided at the
northern end of the bayfront easement and that was... is part of the applicant's
plans and is included at the present time. Four, upgrading of the setback
area that presently exist with additional landscaping and the necessary
walls. Oh, I'm sorry. Number four, has to do with the... immediately abutting
the right -a -way along 15th Street and that the setback area that presently
exist be upgraded, properly landscaped and new walls provided so that as
you come out of the entrance feature off the bay walk and with where to
proceed westerly along 15th Street, that this would be an improved corridor
over what exist there today. Five, that all of these easements be perpetually
gl 47 APR 2 2 1982
maintained by the applicant and the held harmless any liabilities. Six, the
public access may be restricted during the time the barges dock for unloading
operations. If you want more detail, either the department or the applicant
can provide that detail as to the barge unloading. Seven, that the... all
the development plans for the aforementioned activities be reviewed and approved
by the department prior to commencement of any construction. Now, that are
the conditions that we felt would provide the public benefit in return for
setting back the or in setting aside some of the provisions of the Charter
Amendment. The second part having to do with the variances and the floor area
ratio. We feel that as we are dealing with an existing building that was built
appromimately twenty years ago and as many of the laws have changed and as the
applicant is bound by... not bound, but also owns considerable property in the
area, that the additional floor area being proposed does not impact the community
and we feel that this is justified, that the setbacks and the floor area ratio
be approved.
Mr. Carollo: If I may, Mr. Whipple.
Mr. Dawkins: Mr. Whipple, in number one, it says "A public easement at least
averaging twenty feet". Now, when we first started out it was twenty-five feet
average. Now, it's twenty feet average with at least a twelve foot minimum.
Now, tell me where is the projection for the twelve foot minimum and where is
the projection for the twenty foot average and what are we talking about here
from the beginning in number of feet and how wide it will be at the ending in
number of feet?
Mr. Whipple: Ok, without the plans in front of me, I would like to answer the
question just generally and let the applicant show you the specific details.
The points are caused by the existing structure. In other words, these
dimensions are based upon the fiscal restraints that we have there. There is
no way to widen them at these particular areas. The twelve foot is in the
vicinity of the rotating barge unit for unloading and the twenty feet, I
believe, occurs at the southern corner of the press portion of the structure
and from these points the walkway widens out considerably in all directions.
The plan will show that.
Mr. Dawkins: Just off the top of your head, then more of it will be twelve
feet or more of it will be twenty feet?
Mr. Whipple: I would say probably the average... probably around thirty feet
if you did it overall.
Mr. Dawkins: No, no... ok, you are telling me then at someplace if I went from
one side of it to other I will have thirty feet in it. That's what you are
telling me?
Mr. Whipple: In some areas, yes, sir.
Mr. Dawkins: If I went from... yes, ok. This is the walkway and you are
telling me from here to here in some points will be thirty feet?
Mr. Whipple: Yes, sir.
Mr. Plummer: It's got to be if it's going to average twenty.
Mr. Whipple: Perhaps it will be... I think it will be best to defer the
applicant or -else I will pull the plan out and show you, but the plans that
they have will give you all the dimension and show you where it does widen
out at the various points.
Mr. Carollo: Mr. Whipple, for the record and I would like for the record to
be as clearly as it possibly can for this item. Can you state your home
address please?
Mr. Whipple: Yes, sir. My name is Richard Whipple. I live 10330 Southwest
199th Street and I have been a City employee for twenty-three years.
Mr. Carollo: Ok, that home address is far out in South Dade County, not the
City of Miami, correct?
Mr. Whipple: I refer to it as North Everglades, yes, sir.
gl 48 APR 2 2 1982
Mr. Carollo: Fine. Thank you, sir. Is there anyone else from our Planning
Department that is going to be speaking in favor of the Miami Herald today?
Mr. Whipple: No, I think they might let me do it as far as I know.
Mr. Carollo: Ok, is there anyone else, so that I could get for the record
your home address? Ok, no one else. Mr. Whipple, how many variances is the
Miami Herald asking for altogether?
Mr. Whipple: Variances, that does not include the Charter Amendment question
or does that include the Charter Amendment?
Mr. Carollo: Variances, including the Charter Amendment question. That's
certainly my way of looking at it. It needs to have a variance if we were
to go along with the request.
Mr. Whipple: Well, the terminology of the Charter does not refer to a variance.
It says the Commission may set aside certain requirements through a process.
In that instance the--- with respect to the Charter Amendment we are talking
about setting aside the fifty foot requirement, which is a setback requirement
from the existing sea wall to the buildings and we just went over the numbers
involved in that as to the narrowest points. That also includes setting aside
the view corridor. Although there is open area to the north of the building
it is occupied by parking which is not recognized in the Charter Amendment.
So, they are also asking that a portion of that or that part of the Charter
Amendment also be set aside. As far as the Zoning Ordinance itself goes, they
are asking for a floor area ratio variance and for a setback variance for the
portion of the structure that they will be adding onto... one floor onto.
Mr. Carollo: Yes, sir, we are asking for a total of how many variances
including the Charter Amendment area.
Mr. Whipple: Two from one, two from the other for a total of four, sir.
Mr. Carollo: A total of four all together. Alright. If I can for the record
have the complete name of the attorney that will be representing the Miami
Herald here today.
Mr. Dorey Davis: Yes, sir. I am Dorey Davis of the law firm of Steele Hector
and Davis, Southeast Bank Building, Miami, Florida. After having lived in the
City of Miami for forty-one years, I presently reside at 1226 Algardi Avenue,
Coral Gables.
Mr. Carollo: Very good, sir, Coral Gables. Is there anyone else here with
you today, sir, representing the Miami Herald?
Mr. Davis: Yes, indeed. We have Mr. Wright, if he would stand, a
presentative of the Herald. Mr. Armando Gonzalez. We have Mr. Jim Spaniola
general counsel and we have Jose Fedio, who is the architect and consultant.
These are the representatives here today, sir
Mr. Carollo: Ok, sir, I thank you, for introducing them, pointing them out
to us. However, I am extremely surprised that the editors of the Miami Herald
that take pride in writing editorials on a weekly basis condemning and attacking
this Commission for some of our beliefs in matter pertaining to zoning in the
City of Miami are not here today. I find it extremely disturbing that they
cannot come and face this Commission eye to eye. If I would have spoken of
anyone of those gentlemen the way that they speak about us in their paper,
I would at least have the guts if I was asking of something from them to come
before them and be able to look at them eye to eye, not send other people to
do their bidding and representing them. If I may be... yes, Mr. Mayor?
Mayor Ferre: I have a little bit different view, but I think it's the same
conclusion because obviously, the business section and the editorial or the
newspaper section are different sections of the paper, but the conclusion is
the same, Mr. Davis and I know that you are an attorney that represents the
company and that you are not here... I mean, you have a law practice and as
a matter fact you have represented and thank God you have, the City of Miami
on many occasions very successfully and we are grateful for that, but... and
you have a long distinguished record of public service. So, you are here as
an attorney in that relationship with your client. But the... I really must
ask the philosophical question that if instead of the application being the
Knight Ridder Newspapers, it was Theodore Gould. Now, whether or not we would
gl 39 APR 22 1982
have had an editorial from the Miami Herald, just to name one person, whether
the Herald would have taken a different view point... I'm not concerned about
the editor or the editors of the Miami Herald not being here. I am concerned
because the Miami Herald editors are continually saying that the news in the
newspaper.and the business portions of the Herald are separate. If indeed
they are and knowing that the Herald has very strong opinions about blocking of
view corridors and setback provisions and availability and all of the many, many
things that they are continually... isn't this a little bit of what's sauce
for the goose is not sauce for the gander approach when the editorial section
of might Ridder Newspapers, explicitly, the Miami Herald remain silently
editorially and I question whether or not if this application were in the
name of Theodore Gould, whether or not they would remain as silent as they
have on this application.
Mr. Carollo: Well, Mr. Mayor, it comes to the old saying that "do as I say,
not as I do". I object strongly to those editors and particularly Mr.4cMullen
in not being here today. That to me is a major sign of something lacking in
the mid section. If I may at this point and time I would like to read a
editorial from the Miami Herald that was written this year on January 28, 1982.
Can I read the first couple of paragraphs and read the last paragraph of the
editorial. The title that the editorial had, the heading was "Propositioning
Miami". Did you hear that Mr. Whipple? "Miami, the City that can't say "no".
We will see about that. "The beauty with sun in its eyes, see it and smile
and a weak spot for every developer who comes along. Miami, the city that
talks about its high zoning standards only to toss them aside every
time some developer makes a pass. Isn't it time for Miami's City Commission to
redeem the City's rotten heels reputation?" Then it ends by saying "Why
pretend to have a zoning law if it is to be waived every time some developer
finds it inconvenient. That's like the lady of the evening who's virtue was
unaccessible except by any high roller who asked". Well, coming from experts
on prostitution I could understand what they are trying to tell us in this
last paragraph. Let me say this to you, sir, and I'm going to make it clear
of what I intend to do today. I am going to ask Mr. Mayor and colleagues on
the Commission, like it is the right of any member of the Commission to do,
for this item to be deferred so that I and this Commission can give the
opportunity to all the godless creatures that write these type of articles to
get theirselves before us and have the opportunity to present any arguments
that they would like. I think that before we make a final decision, we should
give these godless little creatures who write articles like this the opportunity
to come here, face us eye to eye, not hidden in some concrete jungle with no
windows around anywhere and let them try to convince us on why we should vote
for this variance or should I say variances. But let me say this that Miami
is a City that can say "no" and I will assure you that at least there is going
to be one member of this Commission, that unless I am convinced otherwise, I
am going to say "no", "no" and "no". N-0, "no". I am surprised that the so
champion of the people... if I recall those were the lines that Lenin, Marx,
and Stalin, and people like Hitler used to try to use also, but all of the
sudden be willing to give to the City landscaping for one of the most ugliest
buildings that we have in the City, one of the biggest eye sores that we have
anywhere in the City, that all of the sudden willing to provide a walk behind
the building and why did it take so many years for this newspaper to finally
realize that and particularly when all that this newspaper has done is attack,
condemn, persecute anyone else that didn't follow their belief in this area.
I have never seen such hippocracy in all of my life. Neither here nor anywhere
else. Now, Mr. Mayor, I'm going to place my cards on the table and give these
gentlemen the opportunity to blast me everyday until now, until they come here
again and if they please, until hell freezes over and try to intimidate as
many people on this Commission as they might want to in order to achieve their
results, which I believe that their policy is that the end justifies the means.
Mayor Ferre: There is a request by a member of this Commission that this item
be deferred. We have a long standing policy in the Commission that within a
reasonable time and request that items be deferred upon the request of members
of the Commission.
Mr. Davis: Mr. Mayor, may I make one comment?
Mayor Ferre: Yes, sir, Mr. Davis, of course.
Mr. Davis: As special counsel, I of course, am spokesman for the Miami Herald
only on this matter. I think this Commission has had a long history of fair
considerate, impartial treatment of all of its citizens regardless of any
personal feelings, whether they are the biggest rascal in the City or whether
rhey are shining example of civic virtue. I would submit in all due res ect
gl 55 APR � 2 1982
that the matters thikhave been discussed todan are r lly irrelevant to the
merits of the mattet we hope will be ready to pnt and I simply say
to you that I am berT in my capacity to present the Herald's point of view in
respect to this particular zoning matter. That's the only respo•, .e I have, sir.
- Mr. Carollo: Sir, I respect your opinion, and let me assure you that none of
the statements that were made here by me today, or that will be made in the
future are going to be personal statements against yourself.
Mr. Davis: I understand.
Mr. Carollo: But, as I stated previously, in order for me to be able to vote
as fairly as I possibly can; in order to for me to make the best judgment pos-
sible, I want to give the opportunity to all these experts in zoning and prosi-
tution that you have in your editorial board, or anywhere else in your news-
paper, to come here and assist you, if they so wish, to present their reason-
ing why we -should not do what they have been asking us to do for all the past
years and why we, all of a sudden, should change what they have been asking us
to do. So, based on that is the reason that I want to defer this meeting.
It is a right that has always been respected by all the members of the Commis-
sion when one.member asks for an item to be deferred in order to get addition-
al information, and this is why I am asking for this item to be deferred.
Mayor Ferre: Mr. Davis, let me ask you this. Is the application in the name
of Knight-Ridder Newspaper, or is it in the name of the Miami Herald?
Mr. Davis: The application is in the name of the Miami Herald Publishing
Company....
Mayor Ferre: The Miami Herald Publishing Company.
Mr. Davis: .... as the operator of the property involved.
Mayor Ferre: I see.
Mr. Carollo: What I would suggest, Mr. Davis, if you so wish, so that no
one would say that you were not given the opportunity to present your case
today, is if so wish to go ahead, sir, present your case and if by any chance
I am convinced that I don't need any additional information or input from
anyone else in your chain, then I might go along and change my mind about a
deferral. But, if I don't, then I will insist on this item being deferred.
So, if I may sir, if youso wish, present your case. I would feel very badly
if you might leave here and then go to some bodies saying that we deprived
you of your rights.
Mr. Davis: No, sir. I certainly recognize the right and prerogative of the
condition for a deferral. I leave my personal view that in view of your com-
ments as to needing additional time and suggesting the presence of other rep-
resentatives of the Herald, it would seem desirable that if there is to be a
deferral that there be a deferral to a date certain at this time and not a
deferral after the presentation that we hope to ultimately make. It seems to
me it would just make good sense and orderly procedure that if a deferral for
whatever reason that it needed, that now would be an appropriate time rather
than at the conclusion of the presentation. That would be my view, sir.
Mr. Carollo: Well, I want that to be your decision, sir. I just want to make
it clear for the record that this Commission is giving you the opportunity, if
you would like to present your case now, but it is up to you, and apparently
you have made your decision.
Mr. Davis: Well, it would be my choice in view of the indication that no
ultimate decision would be made today, regardless of the presentation, and
it would probably would be helpful for both sides that if we would be able to
present ... make our presentation at a time that the Commission was in a position
to act.
Mayor Ferre: All right, is that...Mr. Percy, I want to make sure that our
legal posture is appropriate.
Mr. Percy: Commissioner Carollo has indicated that he wants additional infor-
mation, and that would be a sound basis for a deferral.
Mr. Davis: I recognize that and I agree with that.
Mayor Ferre: Is there further discussion on this?
Mr. Plummer: Mr. Mayor, I think that also part of the motion has to be to a
date certain and that date would in fact be May 27th. That should be incor-
porated in the motion.
51 APR 22 1982
0
Mr. Carollo: That is correct. That is the next meeting date that we have for
zoning matters..
Mayor Ferre: All right, there is a motion...
Mr. Plummer: Mr. Mayor, under discussion. Under discussion, Mr. Davis, I
would like to ask of you, sir, that at the next hearing, one of my main con-
cerns is the concern of adequate parking. I am informed by the Department
that there is no question that you have complied with code. You do meet the
requirements. I then would ask of you, sir, as a practical matter, every -
time I have ever gone down to that structure, it has been a tremendous problem
of finding a parking space. As a matter of fact, if it wasn't through the
courtesy of whoever I was invited by to inform the security guard to allow me
to park under the building, I would have had to park three or four blocks
away, so I am asking you at the next hearing, sir, to provide information of
justification of not providing additional parking, which I personally believe
is needed. I understand and admit that you meet the code, but in reality, I
have to question that with additional 44,000 square feet, which will be free-
ing up some other matters, has to lead one to believe there will be additional
employees and additional amount of cars, which would further compound the
problem as it exists today, so I would ask you to be prepared to discuss that
matter at the time that this matter comes back on the 27th.
Mr. Carollo: J. L., I am glad you mentioned that, because that is also one of
my biggest concerns and I understand that Mr. Whipple living close to the
Everglades has a very difficult time in going by the Herald to observe what
you just mentioned, but I think that is one area that you could possibly look
into a little closer for us in providing information. It would be quite
helpful.
Mayor Ferre: All right. Is there further discussion. Commissioner Carollo
makes a motion that this item be continued until the May zoning meeting. Is
there a second? Second by Plummer. Further discussion?
Mr. Plummer: Mr. Mayor, it is automatic, as Mr. Darey said', and'he recognizes that fact.
Mayor Ferre: Yes, but we have to make a motion.
Mr. Plummer: Okay. Fine.
Mayor Ferre: It has been seconded. Further discussion. Call the roll.
The following motion was introduced by Commissioner Carollo, who moved its
adoption:
MOTION NO. 82-341
A MOTION CONTINUING THE HEARING ON APPEAL BY APPLICANT
(THE MIAMI HERALD PUBLISHING CO.) OF ZONING BOARD'S
DENIAL OF VARIANCES ON SETBACKS, ETC., TO THE MAY 27,
1982 COMMISSION MEETING IN ORDER THAT THE CITY COMMIS-
SION MAY BE PROVIDED WITH MORE INFORMAITON CONCERNING
THIS ISSUE.
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
ON ROLL CALL:
52 APR 22 19
82
Mr. Plummer: Did I hear Carollo say "yes"?
Mr. Carollo: "Yes" and a "no".
Mr. Plummer: Ohl All right. I vote "yes".
29. DISCUSSION AND TEMPORARY DEFERRAL OF APPEAL BY PROPERTY OWNERS
WITHIN 375 FEET OF THE SUBJECT PROPERTY OF ZONING BOARD'S
GRANTING OF CONDITIONAL USE TO PERMIT OPEN PARKING LOT AT
INTERSECTIONS OF S.W. 32nd AVE. AND 7TH STREET AS AN ACCESSORY TO
KOKLAS AUTOMOTIVE,INC.(SEE LABEL 34).
Mayor Ferre: We are now on Item No. 11; it is an appeal of over 10% of the
property ownets within 375 feet of the subject property of the Zoning Board
granting of a conditional use to permit an open parking lot on the southeast
corner of 'the intersection of 32nd Avenue and 7th Street as an accessory to
Koklas Automotive, Inc. The Planning Department recommended approval and the
Zoning Board recommended approval, 4 to 3. All right. Are the applicants
here? All right, will the department make the presentation? Are the opponents
to this item here? All right, we will hear you in due course. All right.
UNIDENTIFIED SPEAKER: Is this 11 or 12?
Mayor Ferre: We are on Item 11.
Mr. Whipple: Mayor, and members of the Commission, my name is Richard Whipple,
10330 S. W. 199 Street. Planning Department recommends approval of this item
in accord with the plans submitted. This is a request for conditional use
off-street parking for a commercial use to exist several hundred feet to the
west. It has been our usual...
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Whipple: Exactly, the blue squares..the larger blue squares. I am sorry?
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Whipple: 150 to 200 feet. No, sir, this was permitted. As a remote site,
it is permitted as a conditional use. In addition, we also have other types of
conditional uses that can be contiguous.
Mr. Plummer: Okay, question. Where they presently are, do they have adequate
parking?
Mr. Whipple: No, sir.
Mr. Plummer: So, then, are we to expect after (if this were to pass) that
they are going for an expansion of the present site?
Mr. Whipple: That could be done, sir, but we wouldn't anticipate that.
Mr. Plummer: But, it is legally that they could.
Mr. Whipple: They could, but they would still have to go through another
process - an additional process.
Mr. Plummer: But this time their application is only to provide parking?
Mr. Whipple: Conditional use parking for employees and patrons.
Mr. Plummer: Proceed with your...you threw me off when you said it was to
the west.
Mr. Whipple: As this does provide what we feel is additional needed parking
for the area, we have r::,3mended approval of this item. It meets the neces-
sary standard, setbacks, -mended
and landscaping.
Mr. Plummer: Question, how many parking ... what is this?
53 APR 2 2 1982
Mr. Whipple: This is an automotive repair shop for primarily, I believe,
Mercedes-Benz automobiles.
Mr. Plummer: Question. Are we talking about the property in blue?
Mr. Whipple: Yes, the three squares in blue. It is an older building that
has existed for a number of years and...
Mr. Plummer: On the corner is a filling station and next to that is an
auto stereo.
Mr. Whipple: Yes, sir.
Mr. Plummer: That looks to me to be one of the blue blocks.
Mr. Whipple:: Well, the primary...the garage is located where the pencil is
pointing on the larger blue square. They own the other lot also, but the
garage is where the big square is.
Mr. Plummer: All right. How many parking spaces do they presently provide
on the blue site?
Mr. Whipple: Well, from memory, there is no parking area in the front and
probably at the most, you could get five or six cars across the back, provid-
ing you didn't want to have access from the alley to the garage. If you want
access, then you would only be able to have three or four cars there. The
building covers, I would say, 70% of the lot as it exists.
Mr. Plummer: Mr. Whipple, how does this differentiate to the (INAUDIBLE) to
all of the requests that you have on Coral Way, which you always violently
oppose.? It seems like the only difference here is that this one is Coral
Way and the other one is S. W. 8th Street. I don't see any other differences,
except I see a tremendous difference TV recommendations.
Mr. Whipple: I would have to suggest that that is not correct, Mr. Plummer.
The department has always been in favor of conditional use parking, provided
that there is no access provided onto the residential street. When someone
comes in and asks for access onto 22nd Terrace, we have a problem with that.
We don't like to allow that; we feel that infringes and impacts too harshly
upon it and on the most part, we have been in favor of conditional use park-
ing, because it alleviates, or tends to help the need for parking, which ... we
have all these buildings along Coral Way and other major streets that were
built before parking was required, and now this is a way to accommodate the
actual need of parking.
Mr. Dawkins: Mr. Whipple, as Commissioner Plummer said, you said that they
are thriving business now. Is that right?
Mr. Whipple: Yes, they seem to be.
Mr. Dawkins: And they don't have...but, as you say, they don't have but four
parking spaces now.
Mr. Whipple: Yes, sir.
Mr. Dawkins: And this will give them how many parking spaces?
Mr. Whipple: 20 or 21, sir. I counted very quickly.
Mr. Dawkins: And they...and they are going to only use it to store, according
to this now, if I am correct, for the parking of private vehicles that they
are working on, is that correct?
Mr. Whipple: Not necessarily working on. They can't work; they can't conduct
any business on this lot. This would be for customers and employees and I
suppose that a customer's car that is completed could be parked there. But
this...the ordinance does not allow any activity other than the parking
activity. They cannot work on them, repair them or anything like that.
Mr. DawUi.ns: Sc then private passenger vehicles mean employees and customers.
Mr. Whipple: That is right.
54
APR 22 1982
Id
Mr. Dawkins: So there will be no overnight parking on it?
Mr. Whipple: There shouldn't be; no, sir.
Mr. Dawkins: Thank you.
Mayor Ferre: All right.
Mr. Perez: (INAUDIBLE) will the parking with the parking garage create a
safety problem (INAUDIBLE).
Mr. Whipple: The fact that a driveway does go across the sidewalk and enters
the street causes certain points of potential conflict, yes. This would occur
in any case, I guess, where you do have a driveway.
Mr. Perez: Safety problems?
Mr. Whipple: Well again, whenever you have a driveway going across, it is
a safety and circulation. You could perhaps say that as it is employee and
customer, a certain amount of those persons parked there will basically re-
main there for a good portion of the day, and I would not expect, just look-
ing at the type of operation and the way they might use the parking lot, that
they wouldn't have a lot of in and out traffic, such as you might have with
a Seven -Eleven, or something like that.
Mayor Ferre: All right, from the applicant?
Mr. Plummer: No, the applicant is not first. This a. ..the objectors are the
applicants.
Mayor Ferre: Alright, I guess we hear from the objectors first. I stand
corrected. All right. Would the objectors come forward and I will take you
up as you come up. We are going to limit you to three minutes and you can
make three minute statements. I see about seven or eight objectors and that
will be about twenty-five minutes.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED IN THE PUBLIC RECORD)
Mayor Ferre: Oh, they will do all the talking? Fine. Go ahead. I will try
to be as reasonable as I can on time, so you can go ahead.
Mr. Donald Schry: My name is Don Schry at 3230 S. W. 6th Street. These are
lots at present are zoned R-1, and I would like them to remain R-1. I know
that the variance will not change the zoning, but it will definitely change
the looks of the area, and that is what I am against. I would like the lots
to remain a one -family dwelling and to remain looking like a residential area.
Thank you.
Mrs. Otis Hauri: My name is Otis Hauri. My address is 3176 S. W. 7th Street.
That name is H-a-u-r-i. May I pass...
Mr. Carollo: Certainly, Thank you.
Mrs. Hauri: I have taken the time to go to the Zoning Department office to
read the file on Koklas Automotive. I was surprised to find from fact sheets
in the file that the Zoning 6 Planning Department had consistently issued
denials on Koklas' application beginning in 1975 when the Zoning Department
stated simply'denial due to parking problems. Yet, the Zoning Board approved
the illegal application to open a paint and body shop, (They do also paint
there, they don't only just do mechanical work; there is a paint shop there.)
with absolutely no parking space, subject to review in six months extension.
Since that time, the Zoning Board has completely ignored the recommendations
of denial by the department and has approved the operation each time, subject
to review in one year. After two years of dealing with Mr. Koklas' attorney
on such vague and far-fetched conditions as paving the alley behind the shop
and leasing a parking space a block away from the business, and finally, pur-
chasing a small adjoining building, the Zoning Department again recommended
denial, stating emphatically that "any intensification of the Koklas Automo-
tive -business would be detrimental to the neighborhood". Two solutions were
suggested by the department: Number one, to relocate the business to another
ld 55 APR 2 2 1982
�-1
0 6
site that would provide parking, or two, to reconstruct the existing building
onwned by Mr. Koklas and put up a new structure which would include customer
parking on S. W. 8th Street. The Zoning Department further stated at that time,
and this is a quote: "The applicant should be made to pursue one of these al-
ternatives prior to any consideration of a conditional use permit which would
allow him to intensify his business". Yet, on April 3, 1978, after the paint
and body shop had operated three years against recommendations of the Zoning
Department, the Zoning Board deferred action "To let the applicant get together
with the staff to attempt to work out the parking problem". That was four
years ago. Apparently Mr. Koklas and his attorney had been operating the
Koklas Automotive to suit themselves since that time with no interference from
the Zoning Board or the Zoning Department. We now know what they were working
out on the parking problem. The latter part of 1980 Mr. Koklas purchased the
property at the corner of S. W. 32nd Avenue and 7th Street, zoned R-1. At
the time of the purchase, this property was a well maintained home site owned
by a family for about fifteen years. As you can see in the picture, that is a
nice home. Since Mr. Koklas has owned it, the property has been used as a junk
yard for old automobile parts and old tires and storage for old cars and wrecked
cars. Now the Zoning Board has voted in favor of the Koklas' conditional use
application to construct a twenty space parking lot on the 7th Street property
and to allow Mr. Koklas to expand his business by penalizing the family owners
of this R-1 zoned area. As stated by the Zoning Department four years ago,
"Intensification of the Koklas business would be detrimental to the neighbor-
hood and would create still more problems". This current approval of the park-
ing lot cannot be disguised. It gives Mr. Koklas the green light to expand his
paint and body shop in this already congested area. The blueprint of the park-
ing lot furnished by Mr. Koklas' attorney looks very fancy on paper, but the
old cars and wrecks that Mr. Koklas are far from "private passenger vehicles",
which according to the ordinance are supposed to occupy the parking spaces,
and also, no matter how much landscaping, it will still be a parking lot in an
R-1 zone. Three questions need to be answered. One, after operating for
seven years without any parking space, how is it that Koklas Automotive sud-
denly needs twenty spaces for employees and customers. It seems to those of
us who have observed the Koklas activity in past years, his urgent need is for
a junk yard. The second question is, where is the junk yard going to relocated,
and where are the old cars and wrecks going to be stored? The Zoning Board and
Mr. Koklas' attorney have assured us that the parking lot will be empty at -
night. Question Number three, why is Mr. Koklas again given one year to
implement this plan for the parking lot. Judging from the past, this means
that Koklas Automotive is given another year to trash the area. This continued
leniency by the Zoning Board is unbelievable. The residents of this R-1 zone
have lived next door to S. W. 8th Street for a long time. This section of the
Trail is noted for its restaurants, banks, office buildings, florists shops and
small stores - all clean businesses. Mr. Koklas has brought the first eyesore
to the area with his dirty automotive business, which is an eyesore even to
S. W. 8th Street. The circled area on the map is drawn precisely to the edge
of the Auburndale Elementary School property. With the current impassioned
plea for neighborhood schools, it might be suggested that the City of Miami
give some consideration to preserving the neighborhood surrounding the school.
With approval of this parking lot and the approval of the expansion of the busi-
ness of Mr. Koklas, this neighborhood of modest, one -family homes will be set
on its way to becoming a new Miami slum. This is not a run-down neighborhood.
Many of us on S. W. 6th and 7th Streets have owned our homes for twenty to
forty years; we have invested our money and our lives here, and we have paid a
tremendous amount of taxes to the City of Miami. Mr. Koklas has been on S. W.
Sth Street for only seven years. We feel that our R-1 zoning rights should be
respected and honored by the City of Miami. We request that you review the
file and judge the nature of the business of Koklas Automotive before you al-
low Mr. Koklas to destroy a perfectly good family residence and instill this
undesirable paint and body shop business over into the neighborhood of long
time one family homes. Thank you.
Mayor Ferre: All right, thank you Ma'am. Are there any other speakers at
this time? I will give you the right to rebuttal if you want to, after we
get the presentation as made by the applicant, all right? Counselor?
Mr. Manuel Vasquez: Mr. Mayor, my name is Manuel Vasques; I represent Mr.
Koklas. My address is 917 N. W. 27th Avenue, Miami. What I would really like
to point out is that what is detrimental to the neighborhood right now is what
is occurring around Mr. Koklas' business. If you notice, behind the blue lot,
there is an alley; which alley is being used right now as a parking lot by Mr.
Koklas. The front is also being used as a parking space, which there are not
enough parking spaces for his business. Mr. Koklas has eleven employees. They
s6 APR 2 2 1982
1d
ld
will be parking in this new place across the street. So, if this conditional
use is allowed, we would have been freeing the side streets, the alley, and
the front of all existing parking that Mr. Koklas has now. The City has re-
quested that we find parking places for Koklas Automotive, and that is what
we are doing. This was the only piece of property that was available for us
to buy. If you notice, the below lots 24 and 25, which are the ones that we
are asking for a conditional use, there is the lot 26, which is also an RU-1
lot, and that is a parking lot that belongs to a restaurant next door to the
property, and if you notice that parking lot, it is a very nice landscaped
parking lot and there are no problems with that parking lot. There are no
problems with safety there; as a matter of fact, there will be less problems
with our parking lot than with the restaurant parking lot, because there
won't be a'continuous coming in and out of the parking lot. So, there is a
conditional use next door to this property. We have plans. We would respect
all of the...we are going to leave all of the significant trees and we will
raise masonry.walls around...the lady who lives next door, on lot 23, we
would raise a fence as high as we can, as regulations permit it there to be
architecturally pleasant, and I don't see how that could affect the rest of
the neighbors on nth Street, since the access to the parking lot will be on
32nd Avenue. Mr. Koklas will not allow any cars to remain there over -night.
What we do not have is what we have now, which there is no parking space for
his business and to ask him to move would be asking him to throw away ten years
of his life and money, and for those reasons, I think this conditional use
should be approved. Thank you.
Mayor Ferre: All right, on rebuttal, any of you of the neighbors want to make
any further statments? Yes, Ma'am, come right up.
Mrs. Hauri: I would like to first say that there is quite a difference in
the parking lot for a restaurant and a parking lot for a mechanical automobile
shop. Restaurants go in and out with private vehicles. We have known, as I
have stated in the past, we know the operation of the Koklas Automotive. He
deals with old wrecks and he has a junk yard, and he has kept his junk yard on that place since he has owned it, of old automobile parts. Now, I think
it is very unfair for the residents of this R-1 zone to have to pay for the -
past mistakes of the Zoning Board and the Zoning Department and it is quite —
obvious they had made a big mistake when they even allowed Mr. Koklas to put
a place in there. He had no parking. They claimed to have four parking
places; they have got two, actually. The last thing I would like to say is,
somebody needs to have the guts to tell Mr. Kioklas to move out of there -
where he belongs. He doesn't belong there in a R-1 zone.
Mayor Ferre: All right, now...
Mr. Dawkins: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Dawkins: I would like to know from Mr. Whipple ... Mr. Whipple, what is the
department's rationale for approving this parking lot in a residential area?
the rationale I mean.
Mr. Whipple: Commissioner, I would like to do two things, leading up to ans-
wering your question.
Mr. Dawkins: Go right ahead.
Mr. Whipple: We must understand the conditions by which we have this opera-
tion today. The C-4 district permits an automotive garage as a use of right.
If there was a similiar type, or C-4 use in there when the automotivc garage
went in, which there had to be, they do not have to provide any additional
parking, because there was no parking provided before. So, the point is,
Number 1, the garage is a permitted use, and it was established. Number 2,
however, they decided that they needed to have additional activity with their
operation, i. e., paint and body. To have a paint and body in a C-4 district,
you have to do two things; you have to get conditional use approval for paint
and body work and when you come before the City for permit or whatever and
want a request like this, then you must meet the code in one manner or another.
In seeking and ultimately getting that approval, they leased parking area to
the west from a used car lot. oh I would say,(I am going from memory now) six
or seven lots removed. And, we were recommending against paint and body
APR 22 1982
e
because we didn't feel there was sufficient parking; we felt it was a small
site at the time, but it was in fact, approved. Now, that is an established
use. It is an established function. What is before us today then is to al-
leviate some of the problems which have been pointed out strictly as they re-
late to parking. Our rationale generally, with respect to conditional use
parking in residential districts is that it is a needed activity to accomodate,
to be able to provide parking for our, as we used to c911 them, strip commer-
cial areas, which never had parking before and perhaps at one time, never
needed parking. We feel this is appropriate, and provides a minimum impact,
providing that residential setbacks are provided, just like a residential
structure would require, and as long as the parking is screened by a wall,
and as long as these yard areas are landscaped and maintained, we feel that
that provides the minimum impact upon the surrounding area, yet it serves a
public purpose and need by which to get cars off the street and things of that
nature.
Mr. Dawkins: -So to get back then, Mr. Koklas knew when he purchased this
property and opened his business, that he did not have adequate parking.
He knew this. Am I right or wrong?
Mr. Whipple: He did not have adequate parking.
Mr. Dawkins: Okay. Now, he also realized when he opened the paint and body
shop, that he did not have adequate parking. Am I right?
Mr. Whipple: He knew that, but he did provide through lease agreement.
Mr. Dawkins: Okay, but he knew he did not have it there?
Mr. Whipple: Yes, sir.
Mr. Dawkins: Okay. Now, I have to take the same stand here that I have
taken when Tibor Hollo came before me, where he had purchased land and was
desirous of rewriting, and which we sat up here and let him do. He rewrote
zoning in order to put on that piece of property that he purchased what he
wanted. Now, I have to vote against this and it is not against Mr. Koklas.
but...
Mr. Carollo: Miller. watch it. Didn't you vote for Tibor Hollo?
Mr. Dawkins: Yes. but next time I will be voting against him: I have alreadv
told him that. If he ever comes back with the same thing. I'd vote against it.
But. I have to vote against this simvlv... not simply because. but because it
is wrong. Now you have residents who have purchased their homes and let us
Just say that the individuals who own 23 and 22 decide that they no longer
want to live next to a parking lot. and they have paid for their homes and
they have no mortgage, but I am just giving you my personal feelings. They
paid for their homes; they have no mortgage, and now I am going to put a
parking lot next to them, which will force them to sell their house, and at
their age, probably move out and assume a mortgage and I just can't go along
with disturbing the neighborhood and making that many people move Just because
they don't want to be near a parking lot. so I would be against it.
Mr. Whipple: Just to add on. that is why it is a conditional use approval
and not a use of right, so a judgment call can be made.
Mr. Plummer: Sure. A conditional use, each individual application stands on
its own. Mr.'Whipple, I am lost somewhere. You say that when they got the
conditional use for the paint and body, that they did provide through a lease -
parking to comply to the west?
Mr. Whipple: How far west?
Mr. Plummer: How far west?
Mr. Whipple: Just from memory, I would say in the vicinity of lot 443, 442.
I believe....
Mr. Plummer: But, that was...
Mr. Whipple....the whole western end is a used car lot or a...
- Id 58 212
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APR 212 982
t
Mr. Plummer: But that was in the commercial area? That that they leased was
in a commercial area, not a residential area?
Mr. Whipple: Yes, sir. I'm sorry, you are right. Go on down to 473 or some-
thing like that on 8th Street.
Mr. Plummer: All right. Now, here is where I am lost, Mr. Whipple. To gain
that conditional use, they could not have done it without providing that
parking. Is that correct?
Mr. Whipple: We had recommended against it, and of course that is a decision
of the board and the Commission.
Mr. Plummer: All right. Now, that was an attachment to. Now, obviously,
have they lost that lease? Or, do they still have that lease on that property?
Mr. Whipple: I did not research that point.
Mr. Plummer: Well, I think it is a key point.
Mr. Whipple: I am assuming that unless they have that parking, they are in
violation of their conditional use approval.
Mr. Plummer: Well, may I ask of the...What lot is it that you presently have
sir, under lease? Would you come to the microphone, please?
Mr. Koklas: My name is Koklas. I have there...I have a parking lot. I pay
$800 a month.
Mr. Plummer: Which parcel, sir?
Mr. Koklas: Close to my garage. Yes, this one.
Mr. Plummer: You still have the lease in effect?
Mr. Koklas: Yes, I have it. I park the cars there.
Mr. Plummer: All right, sir. And how long is that lease for?
Mr. Koklas: For years and years. I have it a long time. I can keep it as
long as I want it - many years.
Mr. Plummer: All right. And how many parking spaces do you provide presently
in that lease?
Mr. Koklas: Twenty-four.
Mr. Plummer: You provide twenty-four?
Mr. Koklas: Twenty-four cars over there. I have behind the garages and
besides that I over my garages. Tell me where
I am going to make a bigger place for my business.
Mr. Plummer: All right. Oh, you are going to expand the business?
Mr. Koklas: Yes, yes. My building, I bought that many years ago, six years
ago when I wai...
Mr. Plummer: All right, sir. If you were to be granted what you are request-
ing on lot 25 and 24, would you still maintain the lease over...
Mr. Koklas: Yes, yes.
Mr. Plummer: Excuse me?
Mr. Koklas: Yes, I am going to keep it.
Mr. Plummer: In other words, you would be having both.
Mr. Koklas: Yes.
59 APR 22 1982
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a
Mr. Plummer: You would be providing then, forty-eight spaces?
Mr. Koklas: Yes. Maybe if I will keep the house, but I am going to keep it.
Mr. Plummer: Well, okay. Thank you.
Mr. Koklas: Because...
Mr. Plummer: Thank you, sir. Let me tell you, Mr. Whipple, where I am at.
I guess maybe some of the Mayor's philosophy eventually sinks in. Maybe.
Mayor Ferre: That works two ways.
Mr. Plummeri (Comment in Spanish) You know, to give off -premise, or non-con-
tiguous parking, I think it is great. We have always encouraged it, but this
man already has off -premise parking in a rightful, commercial area. Now, to
me that would be the logical. I realize it is not the cheapest, that that
residential property would be a lot cheaper to provide parking than these
other parcels that he has got in the commercial area. The Mayor speaks of
maintaining the dignity of a residential area. There is no question in my
mind that if we were to grant this, that in a short period of time, there is
going to cars stored, waiting for repair on that lot. The other thing that
comes to my mind, Mr. Whipple, is that it is nice to believe that at 6:00
o'clock that lot is going to be empty, but what dead policeman are you going
to put their to enforce it? We have had too many, many cases. I cannot
vote with this application. He has no hardship, Mr. Whipple. He presently
maintains a lot in the commercial area.
Mayor Ferre: Well...
Mr. Plummer: And that is where I feel it should be.
Mayor Ferre: I think ... before I vote on this, I want to actually go out and
look at that. And I am going to do what Gibson used to do all the time when
we got to these tight situations, because I have a feeling this is going to
come down to a 2 - 2 vote, and I... let me go out there and take a look at it
during the lunch break and I will be ready to vote on it when I come back.
Mr. Plummer: Okay. Also, I would like Mr. Whipple to provide on this map,
when we come back ... I'd like you to provide sir, that area that is presently
under lease by this applicant.
WHEREUPON, at this point discussion of this issue is deferred.
Discussion of this issue is continued on Label Number 34.
THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF RECESS at
12:30 P.M., reconvening at 1:55 P.M. with all members of the
Commission found to be present.
30. RECEIVE AND OPEN BIDS FOR "CITYWIDE W 57 AVENUE.SANITARY
SEWER IMPROVEMENT PROJECT."
Mayor Ferre: Ladies and Gentlemen, we have a 2:30 P.M. agenda item, and Madam
Clerk, what item is that?
Ms. Hirai: It is opening bids City wide.
Mayor Ferre: What number is it, please?
6- 0
APR 22 1982
Ms. Hirai: 34.
This being the date and time advertised for receiving sealed bids
for City -vide - West 57 Avenue Sanitary Sewer Improvement, the Mayor
announced that the City Commission was now ready to receive sealed bids;
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION-82-341.1
A MOTION TO RECEIVE AND OPEN BIDS FOR "CITY WIDE W. 57TH
AVENUE - SANITARY SEWER IMPROVEMENT PROJECT".
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
BIDS WERE RECEIVED FROM THE FOLLOWING FIRMS:
Delta Engineering Contracting Corporation and
Delta Plumbing Corporation
Lanzo Construction Company, Inc.
Madsen/Barr Corporation
Miami Engineering Contractors, Inc.
Rob -El Construction Corporation
4 D. M. P Corporation
Russell Incorporated
P. N. M. Corporation
Campanella Corporation
Joe Reinertson Equipment Co.
Roenca Corporation
Mayor Ferre: Let me ask a question from the department. What was the esti-
mate for that? Just out of curiosity to see how -218- was the low bid.
Mr. Plummer: $419,000 - $200,000 difference, 100%.
Mr. Gary: $220,000.
Mayor Ferre: How much?
Mr. Gary: $220,000.
Mayor Ferre: $220,000 for the estimate, so you were right on the button.
Mr. Plummer: Mr. Mayor, let me tell you, I am extremely pleased with the
bids and the very low bids. But, let me tell you what I am more pleased with
than anything is the number of bids that we had. We had eleven bids, where
we in the past with the old procedures were seeing two and three bids. Vith
the new procedures that are being instituted by the administration, we now
have eleven, and I would hope in the future we would even see more, which
APR 22 1982
lu
makes it more of a competitive bidding and a more sharper pencil must be used
for the benefit of the taxpayers. Mr. Mayor, I make a motion at this time
that these bids be submitted to the Finance Department for the purposes of
evaluation.
NOTE FOR RECORD: See preceding motion.
31. PRESENTATIONS, PROCLAMATIONS, AND SPECIAL ITEMS.
Ptvsented•Commendation: Presented to Father Jorge Bez Chabe, founder of
"Anorada Cuba" on the 18th anniversary of the
show.
Presented Proclamation: Declaring the week of May 8-15, 1982 Semana de
la Prevencion del Alcoholismo (Alcohol Prevention
Week). Presented to Rev. Julio C. Fernandez,
President of the Hispanic Association of Evan-
gelical Minister„ of Greater Miami, and to
Rev. Martin Anorga, of First Hispanic United
Presbyterian Church.
Presented Proclamation: Declaring April 4, 1982 Dia de San Francisco de
Paula. Presented to Marcial Sauri, President
of said municipality in exile.
32. APPLICATION BY CORAL GATE TWIN VILLAGE INC. FOR A 1-YEAR EXTENSION
OF CONDITIONAL USE TO PERMIT A DEVELOPMENT OF A P.U.N. AT 3400
S.W. 16 TERRACE.
Mayor Ferre: The next one is Item 12, which is the Coral Gate Twin Village,
extension of the conditional use. Planning Department recommends; the Zoning
Board granted it unanimously. Is the applicant here? All right, will you
step forward? For the record, (I will do this since Plummer is not here)
would you tell us why you have not begun Coral Gate Twin Village?
Mr. Gabriel Suarez: The architect we hired, he passed away.
Mavor Ferre: What?
Mr. Suarez: He passed away - the architect.
Mayor Ferre: The architect passed away.
Mr. Suarez: That is the reason; we have to hire another architect.
Mayor Ferre: Mr. Plummer, the answer to your question is that they want a
conditional use extended for a year because the architect passed away and
they have to hire a new architect. That is your usual question.
Mr. Whipple: Can we have your name and address for the record now?
Mr. Suarez: Gabriel Suarez, 3660 S. W. loth Street.
Mayor Ferre: Mr. Plummer, will either you or Mr. 'Whipple verify that the
architect has passed away?
Mr. Whipple: Mr. Plummer, that is his field.
Id 62
APR 2 2 1982
Mayor Ferre: And if not, will you be sure that that is the case before the
next meeting?
Mr. Plummer: Mr. Mayor, Mr. Whipple never dwells into my business, and I
never dwell into his.
Mayor Ferre: That is questionable!
Mr. Plummer: They are both dead.
Mayor Ferre: All right. Is there a motion?
Mr. Dawkins: Moved.
Mayor Ferre: Is there.a second?
Mr. Perez:. I second.
Mayor Ferre: Further discussion on Item 12. This is an extension, Whipple,
for one year, is that correct? Up to one year. Further discussion. Call
the roll, please.
The following resolution was introduced by Commissioner Dawkins, who moved
its adoption:
RESOLUTION NO. 82-342
A RESOLUTION GRANTING A ONE YEAR EXTENSION OF A CONDITIONAL
USE, AS LISTED IN ORDINANCE NO. 6871, ARTICLE VI, SECTION
(6(1), TO PERMIT CONSTRUCTION OF A DEVELOPMENT OF A PLAN-
NED UNIT NATURE (PUN) ON LOT 16, DAVIS CITRUS FARMS (4-66),
BEING APPROXIMATELY 3400 S.W. 16TH TERRACE, AS PER PLANS
ON FILE, CONSISTING OF 6 DWELLING UNITS IN 3 STRUCTURES:
SUBJECT TO LANDSCAPING AND PARKING REVIEW BY PLANNING DEPART-
MENT; ZONED R-2 (TWO FAMILY DWELLING).
(Here follows body of resolution, omitted here and on file
on 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
33. APPLICATION BY UNION MANAGEMENT GROUP SERVICE INC. FOR ONE YEAR
EXTENTION OF VARIANCES ON LOT COVERAGE NO. AND SO. SIDE YARD SET
BACK AT 1852 NO.BAYSHORE DR.
Mayor Ferre: Take up Item 13. This is an application by Union Management
Group Services for a one year extension of variance on lot coverage at 1852
North Bayshore Drive. Are you the representative of the...
Id
Mr. Ronald Schapo: Yes, fir. Mayor. For the record, my name is Ronald Schapc,
Sparber, Shevin, Rosen, Schapo and Heilbronner, 1 S. E. 3rd Avenue, Miami.
Mayor Ferre: All right, Counselor, would you tell us why your client is not
moved on the variances that he got.
Mr. Schapo: Yes, sir. The opponent, with respect to the variances that were
granted, has filed a lawsuit against the City and obviously against the property
6I APR 22 1982
owner, and that lawsuit is still pending. It has been briefed, but it has not
yet been heard in court and it is impossible to proceed.
Mayor Ferre: Any further questions of Mr. Schapo. If not, is there a motion
as to recommendations of the department and the board?
Mr. Dawkins: Moved.
Mayor Ferre: Is there a second?
Mr. Perez? Yes, I second it.
Mayor Ferre: It has been moved and seconded; further discussion? Call the
roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. %2-343
A RESOLUTION GRANTING A ONE YEAR EXTENSION
OF A VARIANCE AS LISTED IN ORDINANCE NO. 6871,
ARTICLE X, SECTIONS 3(2) (a) (d) AND 6, TO
PERMIT CONSTRUCTION OF A PROPOSED 29-UNIT
APARTMENT BUILDING ON LOT 5, BLOCK 7; MIRAMAR
(5-4), BEING 1852 NORTH BAYSHORE DRIVE, AS
PER REVISED PLANS ON FILE DATED SEPTEMBER 1,
1981, WITH A LOT COVERAGE OF 7,741 SQ. FT. -
33.8% (5,115.5 SQ. FT. - 22.5% PERMITTED), A
NORTH SIDE YARD OF 20' (48.9' REQUIRED), AND
A SOUTH SIDE YARD OF 20' (61' REQUIRED);
SUBJECT TO THE NORTH DRIVE BRING MAR1:ED
"ENTRANCE ONLY" AND THE SOUTH DRIVE BEING
MARKED "EXIT ONLY", AND PARKING REVIEW BY THE
DEPARTMENT OF PUBLIC WORKS; ZONED R-5 (HIGH
DENSITY MULTIPLE).
(Here follows body of resolution, omitted here and
on file in the Office of the Cite 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: hone
ABSENT: None
*NOTE: Though absent on roll
call, Commissioner Carollo
requested of the Clerk to
be shown voting with this
motion.
NOTE FOR THE RECORD: Commissioner Carollo entered the meeting at 3:15 P.M.
34. (cont.inued Discussion): DISCUSSION AND TEMPORARY DEFERRAL OF APPE
BY PROPERTY OWNERS WITHIN 375 FEET OF THE SUBJECT PROPERTY OF ZON
BOARD'S GRANTING OF CONDITIONAL USE TO PERMIT OPEN PARKING LOT AT
INTERSECTIONS OF S.W. 32ND AVENUE AND 7TH ST. AS AN ACCESSORY TO
KOKLAS AUTOMOTIVE INC. (SEE LABEL 29).
Mayor Ferre: All right, we are now on Item 11. We have a full Commission,
with Commissioner Carollo here. I am ready to vote on this, so I have taken
the time to see the property and I understand what the problems are. I would
s strongly recommend (I don't know which way this is going to go) but, I would
strongly recommend that a wall be placed around this property and that the
exits be limited strictly to 32 Avenue and that it be only for a period of
one year, so that the applicant would have to return and if it is not work-
ing out, then the Commission would have the authority to shut it down.
64
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APR 22 1982
v
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Mr. Carollo: That sounds like a fair proposal. Would you like to make a motion,
Mr. Mayor on that or...? Okay, 1 will make a motion based on that. We are going
to have a wall surrounding it, and the only exit will be on 32 Avenue, and that
after one year's time. they will come before the Commission again to review how
it has worked out.
Mr. Perez-Lugones: Commissioner, do you want the review in front of you, or
going back to the Zoning Board, or how would you like to handle it?
Mr. Carollo: In front of the Commission.
Mr. Perez-Lugones: Very well.
Mr. Plummer: Well, let me see if there is a second before I enter into dis-
cussion. If there is no second, then I don't have to discuss it.
Mayor Ferre:--All right, I will ask now. There is a motion on the floor made
by Commissioner Carollo. I am going to ask for a second.
Mr. Perez: I second it.
Mayor Ferre: All right, there is a second; now, for discussion?
Mr. Plummer: Under discussion, Mr. Mayor, I have made my thoughts known. 1
am very much opposed to this. I, like you, during the lunch hour did have
the opportunity to see this particular site. Now, there is no question that
two things enter my mind. Number one, the applicant is trying to relieve him-
self of the mandatory parking in the commercial area for the cheaper in the
residential and that to the detriment of the neighborhood. Second of all,
there is no question, as he himself has said on the record that this is the
first move in the expansion of a business which I think most people would
agree that a paint and body shop and repairs do not belong in that kind of
S. W. 8th Street neighborhood. Mr. Mayor, I would hope ... no, the paint and
body shop does exist in the commercial. Mr. Mayor, we saw proof today, that
in fact, there are violat+.ons existing in which wrecked automobiles at
2:00 o'clock, waiting repair in this shop were in fact, parked on the street.
We saw that. I would stongly suggest, and only ask the maker of the motion
so that that which the applicant proffered be attached to the motion in case
it does pass. Number one, that that wall would be put into place. Number _
two, that a one year review. Number three, that adequate safeguards be pro-
vided for the closing at 6:00, so that no one can enter the premises after
that. Number four, that in fact, that if at any time stored, wrecked auto-
mobiles or other than customer or employee parking is found existing in that
_ particular lot, he would lose his variance; and number five, that those pro-
visions which he himself proffered before this Commission be made mandatory;
that at all times he will maintain the commercial lease that he has on S. W.
8th Street, as well as on S. W. 7th Street. Now, he proffered that, and I
think it would be only fair that that is a part of the motion.
Mayor Ferre: Let's get it on the record. All right now, do you accept all
of those things?
Mr. Manuel Vasquez: Well, I cannot accept the last one because the lease is
not a written lease and we are at the mercy of a landlord. As long as we
can...
Mr. Plummer: Manuel, excuse me. He, himself proffered that the lease was
for as long as he wants. That...
Mr. Vasquez: If it is the same owner and if there is a lot available, but
that may change.
Mr. Plummer: That was...it was his proffer. He said, two, three years, or
as long as I want.
Mr. Vasquez: If they sell the property tomorrow, I cannot guarantee that
that will...
Mayor Ferre: Well, you could make it conditional on that. If the property
is sold, then that last requirement would not be...
65
APR 2 2 1982
id
Mr. Vasquez: Mayor, the landlord may change his mind tomorrow too, you know.
It is...
Mr. Plummer: Miguel, that is why I was so to the point as to how long is your
lease? I will ask the question again. Sir, how long is your present lease
wth the commercial property on S. W. 8th Street?
Mr. Koklas: They say they give it to me for as many years as I want it.
Mr. Plummer: Well, that is fine. That is exactly what I was saying.
Mayor Ferre: All right, well then...
i
Mr. Carollo: Yes, but you know, J. L., that is like when, you know, you ex-
pressed yourself when you were going to support him at the last campaign,
then you sign an endorsement card, and then someone called you at the
house and you said "no, I am neutral, so you know, you know how ticese things
work.
Mr. Plummer: That is the way it goes, Joe.
Mayor Ferre: Now, are you telling us on the record now that those stipulations
are acceptable to your client?
Mr. Vasquez: Yes.
Mayor Ferre: All right. Also, I would like to... there is one area there that
I would like to kind of strengthen. Now, I want to tell you, sir, that, Mr.
Koklas, that I went by your shop after lunch at 2:00 o'clock. In my opinion,
you are violating all kinds of City regulations, and I think, with all due
respects to you, you have got one hell of a nerve! You have got one hell of
a nerve to come here and ask for variances and at the same time violate City
laws. Same day! And the same hour that you are here asking, your shop is
violating! Now, I would like to put it to you this way. I understand your
problem and if this thing passes, I want to make absolutely certain that the
first time you are caught in a violation, that is revoked and you have to
come before this Commission and you accept that as a condition and you are
not going to be parking cars in the street; that you are not going to be park-
ing cars in the alley; that you are not going to be doing the things that
you are not supposed to be doing in violation of City code. Now, if you are
willing to stipulate that this is all pending on that adherence to the law,
then I think you might get your third vote, but if you are not, then you
can't count on my vote. Put it on the record, counselor.
Mr. Koklas: Yes, okay.
Mayor Ferre: With that condition, that you are not going to violate any of
those City regulations, then that is part of the stipulation. And Mr. Whipple,
I have got to tell you that I went through that, and those are very nice
houses in that neighborhood. They are painted. They are clean. They have
got gardens. There are fences around there. It is a beautiful little resi-
dential area. Now, let me ask you. By doing this, you are intruding on a
residential area. You are bringing the commercial up to 7th Street. Would
you explain to me because I want to understand what your logic is. You know,
sometimes you recommend and you don't recommend - what is this? Tell me why
you are recommending this one when you haven't recommended others?
Mr. Whipple: Mr. Mayor, as I stated earlier, the department tends to go
along whenever possible, with conditional use parking. Now, if you want to
take the absolute sure route and say "no", it is an...
Mayor Ferre: No, I don't, but you have. I mean, not you personally, Whip;
I am not talking about you. I am talking about the department.
Mr. Whipple: No. Well, we have as far as a conditional use goes and in an
evaluation process. Theoretically, if we were to say "This is an intrusion
in any instance when this happens", then we wouldn't have the regulation on
board by which to allow it. Now, at the time this regulation was put in
many years ago, if I may use that just as a background, the idea was to
solve a critical problem and a critical issue, that of parking in relation...
ld (INAUDIBLE BACKGROUND COMMENTS NOT PLACED IN THE PUBLIC RECORD)
APR 2 2 1982
66
Mr. Whipple: Yes Air. It has been; It was sagge Ped by previous Commis-
sions, by previous Planners and what have you that this....
Mayor Ferre: You think this is that important; we do need that relief?
Mr. Whipple: parking and situatidos like this is a super problem, and we
intended to go along with this. Now, if in individual instances we feel,
well, fine. We didn't say the neighborhood was bad or anything else with
respect to this recommendation. If this really is a significant intrusion,
then it should be denied.
Mayor Ferre: Okay.
Mr. Whipple: We didn't feel that it was that significant of an intrusion.
Mayor Ferre: Any other questions? Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 82-344
A RESOLUTION UPHOLDING THE GRANTING OF A CONDITIONAL USE
AS LISTED IN ORDINANCE NO. 6871; ARTICLE V, SECTION 1(6)
(b), TO PERMIT AN OPEN PARKING LOT FOR THE PARKING OF
PRIVATE PASSENGER VEHICLES ON LOTS 24 AND 25; BLOCK 7;
CORAL NOOK (8-115); BEING THE SOUTHEAST CORNER OF THE
INTERSECTION OF SOUTHWEST 32ND AVENUE AND SOUTHWEST 7TH
STREET, AS PER PLANS ON FILE, AN AN ACCESSORY USE TO
KOKLAS AUTOMOTIVE, INC. LOCATED AT 3215 SOUTHWEST 8TH
STREET; ZONED R-1 (ONE FAMILY DWELLING), SUBJECT TO THE
FOLLOWING CONDITIONS: 1) PARKING LOT TO BE WALLED IN
ACCORD WITH CONDITIONAL USE REGULATIONS; 2) NO PARKING
AFTER 6:00 P.M.; 3) MAINTAIN EXISTING LEASED PARKING AT
CASABLANCA MOTORS, SITE; 4) NO STORAGE OF WRECKED
AUTOMOBILES OR AUTOMOBILES UNDER REPAIR ON THE SUBJECT
SITE; 5) ANY VIOLATIONS OCCURING AT THE GARAGE SITE
CONSTITUTE A REVOCATION OF THE SUBJECT CONDITIONAL USE
APPROVAL; 6) REVIEW BY THE CITY COMMISSION ONE YEAR
FROM COMPLETION AND OCCUPANCY OF THE SITE.
(Here follows body of resolution, omitted here and on file
on 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
ON ROLL CALL:
Mayor Ferre: I will vote "yes" with it under the conditions that have been
stipulated - all the recommendations of the department and on the fact that
it will be immediately turned back, if this man violates any of the regula-
tions of the City of Miami and it will come back in a year for review.
AFTER ROLL CALL:
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED IN THE PUBLIC RECORD)
Mayor Ferre: We are now on item ... Yes, sir. Sure. Come on up.
Mr. Dawkins: Put your name in the record, sir, please.
Mr. Russell Hauri: Russell Hauri.
Mayor Ferre: All right, Mr. Hauri, go ahead.
ld
�"7 APR 2 2 1982
?' Mr. Hauri: Russell Hauri, 3176 S. W. 7th Street, and I would like to know how
long he has got before he puts that into practice?
Mayor Ferre: He has got to do it immediately, I would imagine. Is that right,
Mr. Whipple? And Mr. Whipple, would you keep a copy of that drawing on the
record, because we want to make sure that what he says he is going to do, he is
going to do.
Mr. Whipple: It is on file sir, yes sir. To answer the question, the condi-
tional use granted by the City Commission is good for six months unless a
request for an extension beyond that time is permitted and voted on by this
Commission:
Mayor Ferre: Six months.
Mr. Dawkins: Okay now, his six months is...
Mr. Hauri: Within six months he has got to have it up to that drawing.
Mayor Ferre: That is correct.
Mr. Hauri: Up to the building code and specifications on that drawing.
Mr. Whipple: Not quite, Mr. Mayor. If he has a building permit and is under
construction within six months.
Mayor Ferre: Well, but I mean, how long does it take to construct that? I
mean, what he is saying, he cannot take a year to construct it.
i
Mr. Whipple: Well, if he starts running into....
— Mayor Ferre: Well, let me put it to you this way....
_ Mr. Whipple:.... the time limit of a building permit and his sufficient progress
doesn't happen under the building permit, then the building permit is revoked.
Mayor Ferre; .... so we safeguard this neighborhood, okay? After the man pulls
the building permit, if it isn't done in sixty days, you bring it up before
this Commission.
— Mr. Dawkins: And also, does the year begin today, or does it begin the day
that he gets the project completed?
Mayor Ferre: The day he gets the project completed.
Mr. Whipple: Six months begins...
Mr. Dawkins: No, no, no. This is a one year conditional use. Am I right
or wrong?
Mr. Whipple: It would normally be after the Certificate of Occupancy, once
the site is completed. That does give us then, the opportunity for one year's
experience by which to come back and report to this Commission.
Mayor Ferre: All right, :ir. Hauri.
Mr. Hauri: All right. He has got to demolish....
Mayor Ferre:` He does.
Mr. Hauri:... all of the structure, all of the buildings, all in that block.
Mayor Ferre: Yes, and look, Mr. Hauri, let me tell you something. One of the
reasons why I voted for this, because I went out there, and you know, that
house he bought on the corner is a terrible looking thing, and he....
Mr. Hauri: I know! He has let it go -down.
Mayor Ferre; .... let it go down.
Mr. Hauri: It was a beautiful looking house before!
ld
APR 2 2 1982
r
Mayor Ferre: Yes, but you know he is not going to fix it up, and you know it
iy is full of equipment, and you know it is full of...1 saw doors and all kinds
of junk in there, okay? Now, the point is, that, you know, we can send an
inspector and cite him and he will clean it up, but you and I both know that
;n In three months he will have it full of junk again. You know? Okay.
Mr. Hauri: That is what I thought, in about three months he has got to clean
it up again.
Mayor Ferre: Okay, but, I think if we give this man an opportunity to land-
scape, put a wall around that and beautify it, I think that neighborhood is
going to be better off then with that piece of junk that he has now.
Mr. Hauri: Well, as long as he brings it up to those specificationst
Mayor Ferre: Yes, sir. Yes, sir, and if he doesn't, you come right back
here, Mr. Hauri. You come back here, and I promise you - I give you my word -
I will recognize you at any Commission meeting for that purpose. Okay?
Mr. Hauri: That is all that is necessary.
Mayor Ferre: Yes, sir.
Mr. Hauri: Now, give me a definite date on when he is going to start.
Mayor Ferre: I can't tell you that. It has to be within six months.
Mr. Hauri: Within six months? Within six months, and it has got to be com-
pleted within a year?
Mayor Ferre: Oh, let me tell you, if it is not completed in sixty days, I
want him to bring it back to us, okay? All right. Yes, sir?
Mr. Donald Schry: I am Don Schry, I talked before. Mr. Mayor, I agree with
what you are saying, but I don't think that two wrongs make a right. I mean,
just being that he will get that variance and he will put a nice paved park-
ing lot there. Would you have done this if the other parking lot wasn't next
door to it? And for the restaurant?
Mayor Ferre: I am going to tell you - probably not, but I want to tell you
that I think Whipple is right. There is a tremendous need for parking, and
if you don't relieve it this way, what is going to continue happening is
they are going to continue parking cars in the street illegally, parking in
the alleys illegally, blocking, they are going to take...you and I both know
we can cite him. Sure, we can cite him and he will pay a fine and we will
take him to court. You know just as well as I do that he is not going to
paint that house. He is not going to clean that place up, and that is going
to be nothing but a junk yard! And, it is just going to continue being a
junk yard!
Mr. Schry: Well, I...
Mayor Ferre: I think I would rather live next to what you are going to have
then what you have now.
Mr. Schry: How are you going to police this? I mean, how do you know he is
going to do all of this and...
Mayor Ferre: •The point is, that he has a permit to do something that you
saw, and for him to do it, he has got to knock down that house, he has got
to put up a wall, he has got to landscape that area, and he has got to pave
it. And, I think you are going to be a heck of a lot better off with a wall
around there and with a paved area and a landscaped area then the piece of
junk that he has there now.
Mr. Schry: I don't believe this is going to happen, and I don't believe
that you can police it and we will all have to come down here again. I took
off work to come down here, and it will be just another time that we have to
come down here and he will say "Oh. I am sorry and we will straighten it out
later", and once it is done, there is not going to be any changing. There
has got to be a separation someplace.
ld 69 APR 22 1982
lL
Mayor Ferre: I will tell you this. This is a three to two vote, okay? You
have my word on the record that if that man violates what we have granted him
once, (not twice), once. I am willing to reverse my vote and have him vacate
that property from the usage that he is using it for, okay? So he is now
warned.
Mr. Schry: But, once there is a parking lot there, what are you going to do
with the parking lot, then, turn it back into...let somebody buy it as a vacant
lot and then have to put a house up?
Mayor Ferre: Into residential. Absolutely. He is buying it under those
conditions; he had better tow the line and be a good boy.
Mr. Schry: And how often does he have to get a variance - every year for this?
Mayor Ferre: Every year.
Mr. Schry: And this is just...it is called a variance, right? It is not
rezoned?
Mayor Ferre: That is right. It is called a conditional variance.
Mr. Perez-Lugones: Conditional use, Mayor.
Mayor Ferre: Conditional use. He has to come back next year.
Mr. Schry: Can he later on get it rezoned as for a commercial piece of
property?
Mayor Ferre: Yes. Yes, that could always happen. You cannot deny. You can
never deny a man the right to get something rezoned.
Mr. Plummer: But, you don't find that is practical....
Mr. Schry: But, once it is a...
Mr. Plummer:.... because he is much better off with it zoned conditionally,
tax -wise, because it does not up the assessment. If it is changed to a com-
mercial type of zoning, the assessment goes way up, and it is not to his
benefit unless he is intending to sell for the purposes of which he wants to
use it, he is much better off leaving it on the one year review.
Mr. Schry: But, why is he...he has already got parking in the commercial
area; now he is going into the residential area. What good is it to have
zoning? It is like...
Mr. Plummer: Well, exactly what he stated on the record. He stated on the
record to expand his business. That is what he intends to do.
Mayor Ferre: All right, if you have any problems with this, you come back in
the future.
35. ALLOCATE $31,000 (FROM CD FUNDS EARMARKED FOR HERITAGE
CONSERVATION)"BLACK ARCHIVES, HISTORY AND RESEARCH FOUND OF SO.
FLORIDA INC."-ALLOCATE $70,000 TO PLANNING DEPARTMENT FOR CITY
WIDE ADMINISTRATION OF HERITAGE CONSERVATION.
Mayor Ferre: All right now, we are going to take a pocket item. We said we
would do that after lunch and I apologize for all the citizens that are here
on the Black Archives History and Research Foundation. We inadvertently made
a mistake.
Mr. Plummer: I thought that was part of the Heritage...?
Mayor Ferre: They don't want it that way. They want —and maybe Mr. Gilbert
Porter or Arthur King, Sr. can explain exactly... or Dorothy, why don't you
tell us exactly what the problem is and let's see if we can move on this
quickly.
APR 22 198"2
Mr. Dawkins: Let me speak first, Mr. Mayor, please.
Mayor Ferre: All right, go ahead.
Mr. Dawkins: Mr. Plummer, I met with the Black Archives, and at the time I
voted against this, no one told me that $21,000 was camouflaged in with the
Heritage, whatever it was. So, inadvertently, I voted. against it and denied
Black Archives $21,000, see, so I asked them and they called the Mayor and
the Mayor said he would bring it up as a pocket item, so that is why we are
here. I make a motion that...
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Dawkins: Well, I make a motion that ... okay, I make a motion that, since
$60,000 was budgeted for the Archives, and that since they have nobody with
which to work with, and since they were going to hire two people with this
money, that the $60,000 be given to the Black Archives and let them hire two
people to assist them with this job; that is my motion.
Mr. Plummer: Second.
Ms. Dena Spillman: $21,000.
Mr. Dawkins: It is $60,000 that is budgeted.
Ms. Spillman: No, sir.
Mr. Dawkins: Yes, Ma'am!
Ms. Spillman: Commissioner, if I may explain. In the proposed C.D. applica-
tion, there was $61,000 proposed for historic preservation activities. $21,000
was directed toward Overtown, which was the Black Archives. $40,000 was City-
wide and directed toward the Planning Department.
Mr. Dawkins: Okay, well then, let the Black Archives hire a person that works
City-wide, that is all I am saying. Each time we let us get a part of this...
I mean... get something to do here!
(INAUDIBLE BACKGROUND C=%IENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Dawkins: Okay, no wait, Mr. Mayor let me clear this up. You ..... and
I am very disturbed that this $21,000 was camouflaged. Dena, you can't tell
me anything now that you didn't tell me the day you were up here, and don't
try to explain it to me now, or you are just going to make me angrier, see?
Now, it is $60,000 that you got. Now, you tell me, on the second time, that
$41,000 was put in for City-wide. You didn't tell me this the first time.
So now, all I am saying to you is, if you mean right, since you went over us
the first time, give us the $60,000 in the Black Archives and let us hire
somebody to work City-wide that is all I am saying.
Mayor Ferre: Now, Ms. Fields, would you please come forward, please? Right
is right, and we are not going to do —now, you were requesting $21,000.
Ms. Dorthy Fields: That is what was in the original...
Mayor Ferre: There was $60,000 that was earmarked for the total historical...,
is that correct?
Ms. Fields: Toward conservation, perhaps.
Mayor Ferre: In the Overtown, of which $21,000 was for the Black Archives
History and Research Foundation of South Florida. Is that correct? Now, I
think fair is fair. I am willing to vote for that. I am certainly not going
to...I am not willing to vote for $60,000, which was not the request, and I
think it is going to create all kinds of internal problems with other projects
in the Culmer - Overtown area.
Mr. Dawkins: But, you see, Mr. Mayor ... may I say something?
Mayor Ferre: Two wrongs don't make a right!
ld �� APR 2 2 1982
01h, 0
1d
Mr. Dawkins: But, every damn time the two wrongs don't make the right, it is
against me!
Mayor Ferre: Not against you.
Mr. Dawkins: That is all I am saying!
Mayor Ferre: Its againt you.
Mr. Dawkins: Okay, well, my community.
Mayor Ferre: Not against your community!
Mr. Dawkins: Yes, it is. Yes, it is.
Mayor Ferre: Nobody here did this with malice. There was no intentions...
Mr. Dawkins'. Malice?
Mayor Ferre: They had no intention....
Mr. Dawkins: It still happened.
Mayor Ferre:....of depriving the Black Archives History and Research Founda-
tion of $21,000. It was inadvertent. Dorothy understands that! I would
hope that everybody understands it.
Mr. Dawkins: I can understand it, because Dorothy feels that if she does
not understand it, she would not get the $21,000, Mr. Mayor.
Mayor Ferre: Dorothy....
Mr. Dawkins: That is why Dorothy understands it.
Mayor Ferre:....are you telling me that we are going to play the kind of...
and you are going to be part ... are you telling me you are going to be part
of this? And we are going to all of a sudden switch this and make it from
$21,000 to $60,000, when that wasn't your request?
Mr. Dawkins: Let me ask a question. Let me ask one question, Mr. Mayor?
Dr. Porter, will you come up here, please?
Mayor Ferre: And speak for yourself, and as far as I am concerned, if that
is what you want, then, for God's sake, say so.
Mr. Dawkins: Dr. Porter, knowing the shortcomings of the Black Archives,
knowing what you need, will $21,000 meet the needs of the Black Archives at
this time?
Dr. Kim Porter: $21,000 will not, but $21,000 - if we don't get $21,000, we
will be out of business tomorrow.
Mr. Dawkins: I have nothing more to say.
Mayor Ferre: Are you asking for $60,000 at this point?
Dr. Porter: No.
Mayor Ferre: What are you asking for?
Dr. Porter: $21,000 will keep us in business. We need $60,000, but $21,000
will keep us in business.
Mayor Ferre: But, please feel free to tell this Commission exactly how you
feel. I don't want...you know ... please don't feel threatened, you know. No-
body is going to be vindictive about this. I am not going to vote against you
because you are asking for $60,000. I need to understand what the hell is going
on.
Dr. Porter: Well, we need $60,000 to really do any kind of a decent job, but
$21,000 will keep our doors open, and that is all.
72 APR 22 1982
z
Mr. Jim Reid: Mr. Mayor, ii I may. .
Mayor Ferre: Yes, sir.
Mr. Reid:....and I will be glad to be corrected by the record if the record
so indicates, but I believe that the time that this budget appropriation was
brought up, and historic preservation item was discussed, we stipulated that
there would be two impacts. Number one would be a loss of $21,000 to the
Black Archives and number two would be a loss of the funding for the City-
wide historic preservation effort. Now, you should understand that in terms
of sharing out the historic preservation ordinance, the City has a job to do.
We have to designate the sites that we want to save. That requires staff
work, just like the work you looked up this morning, with respect to those
two houses you thought it would make a good idea to save. That doesn't just
happen. Now, the alternative to not doing this work is that we inherit a
list from Dade County 'that frankly, I don't think we can live with, and we
should live with. We'should be responsible for ourselves for designating
what is important to us.
Mayor Ferre: What is your point. Are you for the $60,000?
Mr. Reid: The point is that we believe that the Black Archives is a good
organization. They ought to get their $21,000 that was budgeted for them.
We believe that on a City-wide basis, the $39,000, or whatever it is should
be available for the historic preservation work.
Mayor Ferre: All right, now...
Mr. Reid: We would like this item restored as it was originally proposed to
the Commission.
Mr. Dawkins: Let me ask you a question, Mr. Reid. You said that $39,000 is
for City-wide. What is wrong with whomsoever you are hiring...part of the
City-wide is Coconut Grove, Liberty City, Little Havana, Flagami... what is
wrong with a minority, whether it be a Latin, or whether it be a Black being
hired with the $39,000...I don't care where you hired a person with for this
$39,000. All I am saying to you is that, I for one, feel within my heart that
you are taking C.D. money to preserve a spot that you want to preserve in the
Planning Department. Now, that is my personal belief, okay? And I don't...
and like I told you from the beginning, I am angry because you did it under
the pretense of helping Black Archives, and I have no problem with what the
Mayor says, but this is how I feel about it!
Mr. Reid: The first assumption is right, Commissioner Dawkins, and the second
is not. Number one, we expect the City-wide work to be done by a person who is
now on the Planning Department staff. That is correct. The second is, we did
not hide the fact that we wanted to assist the Black Archives. It has been
through the Community Development budget process. It was stated on the record
here, and we support that organization, but we think that in terms of the City-
wide function, which includes... does include Little Havana, it includes down-
town Miami in particular, that we have the staff person already on board who
can do it and they ought to do that.
Mr. Plummer: But, what he is saying, Jim, is ... somewhere maybe I am under-
standing something that the two of you are losing.
Mayor Ferre: Wait, wait, wait a minute.
Mr. Plummer: What he is saying is, is instead of having a staff person, let
these people do it.
Mayor Ferre: No, no, no. wait a minute. Let's be fair. Now I understand
what this is all about, and thank God that the Manager came over and explained
it to me, because otherwise...you know, I see what you are talking about in
these hidden agendas. Look, you want to keep Joyce Meyers and I think that is
terrific and I am all for her.
Mr. Plummer: Oh, is that who?
Mayor Ferre: Yes. Then...wait a moment. You just found two hundred and some
odd thousand dollars in the General Fund that you have as a surplus. Take it
ld i 3 APR 22 1982
�J
out of that, would you please? And your motion is for $60,000? I am going to
vote with it.
Mr. Dawkins: Thank you.
Mayor Ferre: All right.
Mr. Plummer: Wait a minute. I want to discuss this after the Heritage Corpora-
tion that Joyce is spearheading.
Mayor Ferre: Dolly, do you have something to say on this?
Ms. Dolly McIntyre: I just wanted to say that this morning you heard the
Warner House which you have already talked about. The Planning Department
assisted in that whole thing. Let's assume that it cost them $500 in terms
of what time they put into it. We are going to put in four hundred times that
amount of money in that project. That is pretty good leverage.
Mayor Ferre: That mucb?
Ms. McIntyre: That much. Four hundred times the investment of your Planning
Department we will be putting in that project. Now, elsewhere in today's
agenda, you have got a $250,000 appropriation for the convention bureau. If
they can come up with the same kind of leverage, you all can expect one billion -
and that starts with a "b" as in "boy" - one billion dollars in return, if
you can get the same leverage.
Mr. Plummer: Yes, and if it doesn't, "b" starts like "bufferin"
Mayor Ferre: Wait, wait, wait. Dorothy, would you please come to the micro-
phone? All right now, I have a different perspective on this. Now, do you
understand, that if you get these monies, your responsibility is not limited
to the Black community. You understand that?
Ms. Fields: Yes.
Mayor Ferre: And you are going to have to do this work not for Black Archives,
Black community, you are going to have to do it in the Cuban community, in the
Anglo community and City-wide. You understand, you have a responsibility to
doing this City-wide. Is that understood?
Ms. Fields: Yes, I understand that.
Mayor Ferre: And I don't want somebody coming back here and saying "Well now,
wait a moment, now you know, they are spending all their time in the Culmer-
Overtown area and they are not paying any attention to Coconut Grove ... White
Coconut Grove or to Lemon City and they are doing nothing along Brickell Ave-
nue and they are doing nothing along in Little Havana". You understand that?
Okay.
Ms. Fields: We have been working City-wide anyway and I was...
Mayor Ferre: Well, but not just for Black buildings and Black communities, now.
You have got the responsibility for everything, along with the City Administra-
tion. Is that clear? I think that ought to be very interesting.
Mr. Plummer: After an $82,000 raise, he is smoking a Latin cigar. When I see
him smoking it•and drinking Cuban coffee, I will know he is converted.
�� APR 22 1982
0
Mayor Ferre: All right, but not just for black buildings and black com-
munity. Now, you get the responsibility for everything, along with the
City Administration. Is that fair? I think that ought to be very interesting.
Dr. Porter : Can I ask a question?
Mr. Plummer: After a $82,000 raise, he's smoking a latin cigar. If I see
him drinking Cuban coffee, I'll know he's converted.
Mayor Ferre: Now, you realize that what we're going to be expecting you
to do is you are going to have to hire a consultant, because you obviously
may not be able to do this on your own.
Dr. Porter As we're mulling it over, we are realizing that $60,000
would not be enough to do what you are asking us to do.
Mr. Plummer: You're smart.
Mayor Ferre: You don't know when to stop, do you?
Mr. Plummer: No! She knows when she's a winner
Dr. Porter . Because of course....
Mr. Plummer: Dr. Porter ain't Dr. Porter because she's dumb, I want to
tell you!
i Mayor Ferre: Well, I have news for you. You're going to have $60,000
more than you had a moment ago. In addition to which we're going to be
spending $40,000 for Joyce's operation.
Dr. Porter: In addition to the $60,000 there will be $40,000 for Joyce
and historic conservation?
Mayor Ferre: Yes, ma'am, that's correct.
Dr. Porter: Because we need that support.
Mayor Ferre: O.K., but you are going to be responsible under Joyce's
direction in the City for the whole City operation. And if you have...
that's right! Now Joyce, do you have any problems with that?
UNIDENTIFIED SPEAI'.ER: bone at all.
Mayor Ferre: Do you have any problems? Speak up now!
Dr. Porter: So we're talking about $60 plus $40
Mayor Ferre: All right, I see you back there and I don't want you saying
you disagree. Or Dolly coming back saying she's not happy with this.
If you don't, speak up right now!
Mr. Plummer: Let me have an understanding. An understanding is that
the Black Archives are going to be in charge. In fact, Joyce....
Mr. Dawkins: Under the direction of the City.
Mayor Ferre: Under the City staff.
Mr. Plummer: Well, now if they are going to be, well, wait a minute!
No, no, no! Can't buy that! No! If this lady here is going to have
her proverbial hanging out on the line, then she must be making the
decisions. If City staff is going to be making the decisions and
telling her what to do, then it ain't going to be her proverbial out
on the line. No! Then, it's going to be Joyce's.
Mayor Ferre: (INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Gary: I have a number of alternatives.
15 APR 2 2 1982
0
Mr. Plummer: They're all bad. Smoke your cigar!
Mr. Gary: I have a number of alternatives, and I'd like for everybody to
hear me out. It appears that we have developed a position that historical
preservation is very important, and that we need to expend $100,000. We've
known that for quite some time in view of the fact that we've been over-
working Ms. Meyers. I would recommend the first alternative be the one
that the Mayor and Commissioner Dawkins recommended, that we give them
$60 with them having responsibility for the $21,000, responsibility for
the Black Archives, and the $40,000 city-wide under the direction of
Ms. Meyers with $40,000. Second, would be that if they feel that this
may be too much for them, that in view of the fact that they need more than
$21,000, that they accept $31,000 strictly for the Black Archives and we
give the remainder to Ms. Meyers under the City's direct jurisdiction.
(OFF MIKE: J.L., shut up, now.)
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: It's a mean man who won't split the difference.
Mr. Gary: Yes, sir.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Gary: No, if you take 50/50 split, you're going to take more
responsibility. That means you have to get out....
Dr. Porter: Mr. Mayor, you know that we are primarily working with
Park West, trying to turn that whole thing around, which will in fact
impact on not only the downtown area, but Miami as a whole.
Mayor Ferre: O.K., that's fine, but you know, I realize that we need
a million dollars for historical preservation. We don't have a million
dollars, O.K.? So you want equal responsibility. For equal authority
there has to be equal responsibility. If you want the money, then you
have to assume the task. If you don't want to assume the task and the
responsibility, then don't take the money. I'll go along with the
Manager's recommendation, to go from 20 to 31; I go along with that.
That's just for Black Archives. The other 31 plus the 40 go for the
preservation operation of the City, other than the Black Archives. I
go along with that. Is that acceptable to you? Would you rather do that?
Dr. Porter: The 31 for the Archives so that we continue the work that
we're doing and then the remainder would go to the....
Mayor Ferre: That's correct.
Dr. Porter: Yes.
Mayor Ferre: O.K.? Miller? Is that all right with you, doctor? It
looks like the Manager's recommendation is acceptable to Black Archives,
and that's O.K. with me if it's all right with you.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Howard said to give $31,000 and then the other would go to
the City operation in addition to the $40,000. I go along with that.
O.K., do you want to amend it that way?
Mr. Dawkins: Yes, as amended.
Mayor Ferre: All right, is there a seconder?
Mr. Plummer: I second.
Mayor Ferre: We have a second. Further discussion? Call the roll.
76 APPC 22 1962
0
The following motion was introduced by Commissioner Dawkins, who moved
its adoption.
MOTION 82-345
A MOTION OF THE CITY COMMISSION STIPULATING THAT OF THE
$61,000 FROM COMMUNICY DEVELOPMENT FUNDS ORIGINALLY EARMARKED
FOR HERITAGE CONSERVATION, $31,000 SHALL BE ALLOCATED TO THE
BLACK ARCHIVES, HISTORY AND RESEARCH FOUNDATION OF SOUTH
FLORIDA, INC. IN ORDER THAT THEY MIGHT CONTINUE THEIR WORK;
FURTHER STIPULATING THAT THE BALANCE OF $30,000 PLUS $40,000
MORE FROM THE GENERAL FUND SHALL BE GIVEN TO THE PLANNING
DEPARTMENT FOR CITY-WIDE FUNDING OF HERITAGE CONSERVATION,
FOR ADMINISTRATION UNDER THE CITY'S DIRECT SUPERVISION.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
* Mayor Maurice Ferre
NOES: None.
ABSENT: Vice Mayor Joe Carollo
ON ROLL CALL
* Mayor Ferre: I, in voting for this, want to tell you....
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
* Mayor Ferre: ....I want you to hear this. I want to tell you that you
do not, you cannot imagine how much progress we've made in the City of
Miami with a lot of "ugh!"
Mr. Plummer: I want to tell you something: Cesar better watch out, because
Gary is coming down the Pike.
36. DISCUSSION OF APPRAISAL OF OEANGZ BOWL AND MARINE STADIUI`-
AUTRORIZE MANAGER TO ENGAGE APPRAISE TO DETERMINZ FP I^. MARV T
VALUR OF PROPERTIES.
Mayor Ferre: All right, let's move along. We're now on item number...
what item are we on? Fifteen?
Mr. Gary: Non -Zoning items, Mr. Mayor.
Mayor Ferre: No, we're on item 15.
Mr. Gary:- After 5:00 o'clock, sir.
Mr. Plummer: Well, just for the record, I want to tell you there is
no 5:00 o'clock on my agenda.
Mr. Gary: And I apologize for that, I made a mistake.
Mr. Plummer: I don't accept it.
Mayor Ferre: The mistake or the apology? All right, we're on Committee
of the Whole, discussion of appraisal of the Orange Bowl and Miami
Stadium Properties.
77
ArR 22 1982
Mr. Gary: Yes, sir, Mr. Mayor, if you recall, the City Commission directed
me to obtain appraisals....
Mayor Ferre: (INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
All right, go ahead.
Mr. Gary: The City Commission directed me to solicit bids for appraisals
for the Miami Orange Bowl and the Miami Stadium in conjunction with all
the activities with regard to the Sports Authority and selection of a
stadium. We have done so, and we are now recommending that the City
Commission authorize me to enter in to an agreement with Leonard Bisz,
MAI.... _
Mr. Gary: He's a good guy. I specifically told the staff to exclude those
that had not performed adequately for us in the past.
Mr. Plummer: How much?
Mr. Gary: $12,500 for both sites. That was the lowest bid, sir. We
need them.
Mr. Plummer: Fine.
Mr. Gary: INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Are we ready to vote on it?
Mr. Gary: Yes.
Mayor Ferre: $12,000?
Mr. Gary: $12,500.
Mayor Ferre: O.K., is there a motion? Plummer, are you going to move?
Mr. Plummer: Fine.
Mayor Ferre: Plummer moves the appointment of Leonard Bisz of $12,500.
Is that what the appraisal is?
Mr. Gary: Yes.
Mayor Ferre: Further discussion? Did you second it? Miller Dawkins
seconds. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-346
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENGAGE THE
PROFESSIONAL SERVICES OF AN MAI APPRAISER TO DETERMINE
FAIR MARKET VALUE OF THE ORANGE BOWL STADIUM AND PARKING
'AREAS, MIAMI STADIUM, METRO ANNEX, BECKHAM HALL, AND THE
AUTO INSPECTION STATION FOR A FEE OF $12,500 WITH FUNDS
TO COVER THE COST OF THIS APPRAISAL BEING DERIVED FROM
THE TOURIST DEVELOPMENT COUNCIL.
(Here follows body of resolution, omitted herein and
on file in the Office of the City Clerk).
APR 22 1982
Id
4
0
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
Mr. Plummer: Excuse me, Mr. Mayor, I did not inquire of the Manager; Mr.
Manager, I think that it is most imperative time. How long is it going to
take?
Mr. Gary: Sixty days, if I recall.
Mr. Plummer: I think that we ought to impress upon Mr. Bisz that it needs
to be thirty days. Time is of the essence, sir.
Mr. Gary: We will ask Mr. Bisz to speed up his process, sir.
37. DISCUSSION OF SUMMER TRASY. COLLECTION PROCESS - AUTHORIZE 1':1'2'.l:.GE.::
TO EXPEND as"450,000. IN CONNECTION WITF PROGRAM; FURTPER APPROVING
FLYER FOR COI NNITY DISTRIBUTION re: GUIDELINES FOR REFUSE DISPOSAL.
Mr. Gary: Mr. Mayor, members of the Commission, Mr. Patterson is here.
In your packet I submitted to you a memorandum explaining to you the
history of the trash problem, since my appointment up to now, and we
submitted to you a plan that provided to you three alternatives of which
we recommended the curbside. Commissioner Carollo made a motion and this
Commission agreed to put this to a referendum. However, we will still have
a trash problem during the heavy growth season which begins in June and
continued through August and October. What I have proposed before you is
a recommendation to you that we spend $458,000 during the heavy grooth season,
so that we can begin to maintain our trash problem during this heavy growth
season.
Mr. Plummer: Money well spent. I move it.
Mayor Ferre: All right, now. How much do we need to spend?
Mr. Gary: $458,000, that's for manpower, Mr. Mayor. But we may need
additional money for equipment breakdown, because we are going to be
utilizing them more.
Mr. Plummer: That's money well spent; the people of this community will
appreciate it.
Mr. Gary:' I would like to also say, Mr. Mayor, in conjuction with your
suggestion, that we try to tie this in to a summer youth program. We
will make every effort to utilize teenagers; hopefully ages 16 to 7.1 and
above during the summer months, if we can, you know, because there is
some kind of danger involved.
Mr. Plummer: Keep them busy.
Mr. Gary: Another thing, too, Mr. Mayor,....
Mr. Plummer: Quit while you're ahead.
Mr. Gary: ....members of the Commission, you recommended that... and I
had a long discussion with Commissioner Perez... that we develop a
program that would not only have a trash clean up day but also inform
79
Mph 221982
i�
i
Mr. Gary: (CONTINUED) .... the residents of when their trash is going to be
picked up and have it in English and Spanish. We have complied with that.
We have had media contact in response to Commissioner Perez' suggestion.
We will be submitting those handouts that go on the doors to the residents
within... how long Mr. Patterson?
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Gary: As soon as Mr. Cox can get them printed for us. That's passing
the buck, but in the very near future. We would recommend that you accept
our proposal to maintain trash collections until we decide on a new plan.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Gary: Oh, Creole, you're correct. We will do that.
Mayor Ferre: We have a motion, are you against us spending more money?
Mr. Bill Smith .: No, sir, I'm not against us spending more money, but we
do have a problem. See, when the department wants to spend money, then
everybody is in agreement. But we're using 35 to 40 people, these are
waste collectors that are working out of their classification and they are
not being paid. You know, they have the responsibility of the driver and
the pay of the labor. The could be suspended, dismissed while driving the
truck, but they are not being rewarded for doing that. I just want to
since you are doing this,'can we get this 5% for these people?
Mr. Gary: Well, Mr. Mayor, I'd like to respond. I would hope that my
good friend, Mr. Smith would address these problems to the process that
we have agreed upon.
Mr. Smith: Thank you, I'll do just that.
Mr. Plummer: Bill, you're a quick learner.
Mayor Ferre: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 82-347
A MOTION AUTHORIZING THE CITY MANAGER TO EXPEND, PER THE
ADMINISTRATION'S REQUEST, THE SUM OF $458,000 IN CONNECTION
_ WITH THE SANITATION DEPARTMENT'S USE OF ADDITIONAL PERSONNEL
ON AN OVERTIME BASIS TO COPE WITH THE ADDITIONAL TRASH
WHICH WILL BE GENERATED DURING THE HEAVY GROWTH SEASON (May
15 to October 14th) WITH THE UNDERSTANDING THAT SOME EXTRA
MONEY MAY BE REQUIRED IN THE NEAR FUTURE FOR EQUIPMENT MAINTE-
NANCE; FURTHER APPROVING A FLYER FOR DISTRIBUTION TO THE
COMMUNITY WHICH HAS BEEN PREPARED BY THE DEPARTMENT OF SOLID
WASTE AND WHICH WILL BE TRANSLATED INTO SPANISH AND CREOLE
INFORMING OUR CITIZENS AS TO THE PROPER MANNER TO DISPOSE
OF THEIR REFUSE; AND FURTHER APPROVING IN PRINCIPLE A PROPOSED
PLAN FROM THE ADMINISTRATION TO UTILIZE YOUTH IN THEIR LATE
TEENS OR COLLEGE AGE TO ASSIST THE CITY IN ITS SUMMER TRASH
COLLECTION PROGRAM.
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.
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
8o APR 2 2 1982
ON ROLL CALL
Mr. Plummer: As a wedding gift to Mr. Patterson, I vote yes.
Mayor Ferre: Well, I'm very reluctant to vote for a dinosaur operation
that we have, which is the most obsolete, antiquated, old-fashioned, and
no good way of picking up trash. So, do we have a third vote somewhere
so that I can vote no? Where's Miller Dawkins?
Mr. Gary: Get Dawkins in here!
Mayor Ferre: Get Dawkins in here so that he can vote. (LONG PAUSE)
AT THIS POINT THIS ITEM WAS MOMENTARILY DEFERRED.
33. (Continued Discussion): DISCUSSION OF CITY ATTOPi?EY SELECTION
PROCESS -EXTEND DEADLINE FOR P.ECEIPT OF APPLICATIONS TO MAY
21, 1982 (SEE LABEL 8).
Mr. Knox: Mr. Mayor, while you are waiting, can we return to item 23
for one second, and may I ask for your permission to extend the deadline
until the 21st of May, instead of the 15th?
Mayor Ferre: I have no problems. Do you have any problems, Plummer, Perez?
36.1 END OF VOTE AND DISCUSSION' OF SLIDER TRASH COLLECTION.
Mayor Ferre: All right, I'll vote yes, so that we can move along. Let's
go on. With a protest that I think we are continuing an obsolete method
of picking up trash, but I think we are forced into it.
39. L11LP.GENCY ORDI:1AVCZ.- A11iilD 1 A11D 5 OF 9 321 (Ai lIUAL
APPROPRIATION) ALLOCATE $250 , 000. FOR CITY OF MIAMI CONVEla ION
BUREAU, TO REI11FORCE ITS ACTIVITIES AND TO HIRE ADDITIONAL
STAFF AND INCREASE PROMOTIONAL SEZVICV-S.
Mayor Ferre: Can we take up item 27, which is an ordinance?
Mr. Plummer: Move it.
Mayor Ferre: All right, Plummer moves item 27; is there a second?
Mr. Perez: I second.
Mayor Ferre: A second, is there further discussion? All right, read
the ordinance.
in, R 2 2 1982
Mayor Ferre: All right, where is the money coming from on that?
Mr. Gary: The money is coming from Dade County, Mr. Mayor.
Mayor Ferre: That's what I thought.
Mr. Gary: I must explain, it's coming from TDC, Orange Bowl money, but
they're going to give us the $250,000 over a period of time to pay us back
so we won't have to neglect the Orange Bowl.
Mayor Ferre: All right, further....
Mr. Plummet: That's been passed, Mr. Mayor, by the TDC.
Mayor Ferre: All right, further discussion? The ordinance has been read,
has it?
Mr. Knox: Yes, sir.
Mayor Ferre: All right, call the roll.
AN ORDINANCE ENTITLED
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 5
OF ORDINANCE NO. 9321 ADOPTED SEPTEMBER 24, 1981,
THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1982 AS AMENDED BY IN-
CREASING THE APPROPRIATIONS FOR THE GENERAL FUND,
IN THE AMOUNT OF $250,000 FOR THE CITY OF MIAMI
CONVENTION BUREAU, AND BY INCREASING GENERAL FUND
;EVENUE IN THE SKME AMOUNT FROM INTERGOVERNMENTAL
REVENUE (GRANTS FROM OTHER LOCAL UNITS) FOR THE
PURPOSE OF RE -ENFORCING ACTIVITIES OF THE CITY OF
MIAMI CONVENTION BUREAU BY THE HIRING OF ADDI-
TIONAL STAFF AND THE INCREASING OF PROMOTIONAL
SERVICES; CONTAINING A REPEALER PROVISION; AND
A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Perez 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.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J.Dawkins J. Dawkins: ?lone
Wc►crevpon :ne Commission on motion ei Commissioner Plur,!cr an_4 neccn?ed h.,
Coriniaoioner Perez , adopted said Ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9412
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. 82
APR 22 1982
Mr. Gary: Mr. Mayor, in an effort to communicate better with the Commission,
the $100,000 ....
Mayor Ferre: Hey! Watch it! Wait! He's communicating! Don't you want to
see him communicate? I thought you might enjoy watching him communicate.
Mr. Plummer: I enjoy more watching him smoke that cigar and he's dying.
Mayor Ferre: All right, Mr. Manager.
Mr. Gary: Mr. Mayor, $150,000 of this $250,000 was to be utilized for staff,
which is going to assist us in bringing more conventions. The $100,000 was
supposed to be used for market research. Now we have not defined what
that market/research is going to be yet, so what I have done administratively
is to set up a committee which will include Mr. Cesar Odio, Convention Bureau
staff, and all the hotel representatives as well as Ron Fine and the person
Dade, Peter Winer, to sit on a committee to decide how we should best utilize
this money, then come back to the Commission as to how we are to utilize this.
So that money would be in reserve and it's only a one shot deal, and that's
for this year.
Mayor Ferre: Tony Pajares, would you come forward? I'm not going to get
somebody calling me and telling me that you don't have enough stamps now
to mail out things, is that correct?
Mr. Tony Pajares: That is correct, sir.
Mr. Plummer: Mr. Mayor, I won't ask that I be appointed to that committee,
but I want to be assured by the Manager that I'm invited to attend that
meeting. It's most important.
Mayor Ferre: The Chair appoints Commissioner Plummer to the committee.
40. EMERGENCY ORDIIIANCE: AMEIM 1 AND 5 OF 9321 (ANNUAL APPROPRIATIONS
INCREASE PLANNT17G/ZONING BOARDS ADMINISTP.ATION DEPARTIENT BY
$41,143. C1WRGES FOP SERVICES (PUBLIC FEARING FEES).
Mayor Ferre: All right, now we're on item number 28, amending section
1 and 5 of ordinance 9321.
Mr. Plummer: Mr. Mayor, I have a real problem with this, and of course,
I've just read it. I am at a loss, Mr. Gary, to understand why when we
instigated fees that we are presently charging for hearings for the
Planning and Zoning Boards. Now we find ourselves in the position of
having to transfer moneys into that department. I think that this is
ridiculous. I noticed that in the Neighbors this morning, that one
hearing generated a check for a single hearing of $131,000. Why in God's
name are we having to pump more money in. That's just one hearing!
Mr. Gary:. They are two different functions. This is a Code Enforcement
Board, which is going to act as a semi -judiciary body to hear cases of
code violations.
Mr. Plummer: INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Gary: Look, we can do that, if you want to do that, but they are for
two different, separate purposes.
Mr. Plummer: But, Mr. Gary, if you are going to be hearing code violations,
I would assume there are going to be fines imposed.
Mr. Gary: Yes, sir, but we do not know that right now, and it is improper
for....
83
APR 22 1982
a
Mr. Plummer: Are you telling me that this is to get it started?
Mr. Gary: This is to get it started.
Mr. Plummer: I move it, Mr. Mayor.
Mayor Ferre: Is there a second?
Mr. Perez: I second.
Mayor Ferre: Further discussion? Read the ordinance.
Mr. Gary: We have been meeting and educating the board, but we haven't had
the staff to implement it. We are ready to go as soon as we get the people
on it.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Gary: That's the Code Enforcement Lay Board, yes, sir.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Gary: You're correct, sir.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
AN Oki;INANCE ENTITLED
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 5
OF ORDINANCE NO. 9321 ADIPTED SEPTEMBER 24, 1981,
THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1982, AS AMENDED BY IN-
CREASING THE APPROPRIATIONS FOR THE GENERAL FUND
PLANNING AND ZONING BOARD ADMINISTRATION DEPART-
MENT IN THE AMOUNT OF $41,143 AND BY INCREASING
THE REVENUE FOR THE GENERAL FUND IN A LIKE AMOUNT
FROM CHARGES FOR SERVICES (PUBLIC HEARING FEES);
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Perez 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.
i Commissioner "filler J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Perez , 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
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9413
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. OR 4 AFR 22 1902
a
41. RATIFY CITY MANAGER'S AUTHORIZATION OF DANHARK,INC. ,
TO COMPLETE TEE EMERGENCY WAGNER CREEI: OIL REMOVAL AT A COST
" $7,291.23.
Mayor Ferre: Take up 29.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Ferre: Plummer moves.
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. 82-348
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING
THE ACTION OF THE CITY MANAGER IN AUTHORIZING DA\MARK,
INC. TO COMPLETE THE EMERGENCY WAGNER CREEK OIL REMOVAL
AT A COST OF $7,291.23; AUTHORIZING A FINAL PAYMENT
TO SAID FIRM FOR COMPLETED WORK AND ALLOCATING FUNDS
THEREFOR FROM THE SELF-INSURANCE TRUST FUND, GENERAL LIABILITY
ACCOUNT, CODE NO. 260502-653.
(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.
41.1 DEFERRAL OF COI?SIDERATION OF PROPOSED ACCEPTANCE OF BID FOR
"REN'TAL OF 25 AUTOMOBILES FOP. ONE YEAR FOF POLICE DEPART:MEPIT.
Mayor Ferre: Take up 30..
Mr. Carollo: No, No.
Mayor Ferre: No, no, don't 30.
Mr. Carollo: Let's not take up 30. Now I've been asking time and time
again to find out how many vehicles....
Mr. Gary: Commissioner Carollo, I submitted that information to all the
Commissioners last week.
Mr. Carollo: What information did you submit, Howard?
85
APR 22 1952
a
Mr. Gary: We're getting the information to you, but we did send it out.
i
42. ACCEPT BID FROM BETTER CONSTRUCTION INC FOR
"JOSE MARTI RIVERFRONT PARK". $1,910,934.00
Mayor Ferre: All right, we're on item 31, Jose Marti Riverfront Park.
On 31....
Mr. Carollo: Move.
Mayor'Ferre: It's been moved and seconded. Further discussion? Call the
roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-349
A RESOLUTION ACCEPTING THE BID OF BETTER CONSTRUCTION, INC.
IN THE PROPOSED AMOUNT OF $1,910,934 BASE BID OF THE PROPOSAL
PLUS ADDITIVE ALTERNATES 1,3,4,6,7,9 THRU 14, and 16 THRU 21,
FOR JOSE MARTI RIVERFRONT PARK; WITH MONIES THEREFOR ALLOCATED
FROM THE "CAPITAL IMPROVEMENT FUND" IN THE AMOUNT OF $1,910,934
TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE
AMOUNT OF $133,765.00 TO COVER THE COST OF PROJECT EXPENSE;
ALLOCATING FROM SAID FUND THE AMOUNT OF $38,219.00 TO
COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABO-
RATORIES, AND POSTAGE; ALLOCATING FROM SAID FUND THE AMOUNT
OF $76,443.00 TO COVER THE INDIRECT COST; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(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.
43. DISCUSSIO - A::D D"-'FERRAL OF PROPOSED ACCEPTANCE OF BIDS FROM
LIT -TON OFFICE PRODUCTS FOR ;56,425.69 IN CO;N'NECTION WITU
CO.iV=rlO.: CEXTER F1=1ITURE.
Mayor Ferre: Take up 32.
Mr. Plummer: Oh, here's the ghost of Joe Grassie.
INAUDIBLE COMMENTS NOT PLACED IN THE PUBLIC RECORD.
Mr. Carollo: Yes, I remember that. He had something to do them before
they left, as I recall.
Ss APR 2 2 1982
' INAUDIBLE COMMENTS NOT PLACED INTO THE PUBLIC RECORD.
Mr. Carollo: Grand Rapids, Michigan. I would like to defer that item, please.
Mayor Ferre: Is that a serious matter?
Mr. Gary: If we're talking about getting ready for the Convention Center
open, we really need this item.
Mayor Ferre: Well, will you go over and communicate with the Commissioner
here?
Mr. Gary: Yes, sir.
Mayor Ferre: Explain that to him and we'll take it up in a minute.
44. AUTNORIZE CONTINUED EXPENDITURE OF FUNDS FOR CONSTRUCTION
MANAGEMENT SERVICE AGRE=011T FOR CONVENTION CE.NTE•^. ON A MONTE
TO :lONTR BASIS.
Mayor Ferre: Now we have a resolution... now, come on Plummer, stop being
trouble maker... all right, we have a resolution authorizing the continued
expenditure of funds for the Construction Management....
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves 33.
Mr. Dawkins: Second.
Mayor Ferre: Seconded by Dawkins. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-350
A RESOLUTION AUTHORIZING THE CONTINUED EXPENDITURE OF
FUNDS FOR THE CONSTRUCTION MANAGEMENT SERVICES AGREEMENT
FOR THE CITY OF MIAMINNIVERSITY OF MIAMI JAMES L. KNIGHT
INTERNATIONAL CENTER BETWEEN THE CITY OF MIAMI AND MIAMI
CENTER ASSOCIATES, INC., ON A MONTH -TO -MONTH BASIS AT A MONTHLY
RATE OF SIXTEEN THOUSAND TWO HUNDRED FIFTY DOLLARS
(16,250.00), FOR A MAXIMUM EXPENDITURE OF SIXTY-FIVE
THOUSAND DOLLARS ($65,000.00) AND TO PROVIDE FUNDS FOR
REIMBURSABLE COSTS LIMITED TO A MAXIMUM AMOUNT OF FORTY
THOUSAND DOLLARS ($40,000.00) FROM CONVENTION CENTER
BOND FUNDS TO INSURE CONTINUITY OF THE PROJECT.
(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.
87 f=;FR 22. 1982
E2
45. GRANT REQUEST BADE BY EOLY14ELL COP.POPATION FOR A 11011TE TO
MONTH EXTENSIO1 OF TEMPOM Y USE OF BANDSI:ELL AREA IN
BEYFIt0IdT PARK.
Mr. Gary: Mr. Mayor, may we now take up the temporary use of the Bayfront
Park Bandshell area?
Mayor Ferre: Yes, take up item number 25.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: I extended the lease arrangement with... let me get the name of
the company; I call them Ted Gould.....
Mayor Ferre: Miami Center.
Mr. Gary: Miami Center. Based on my discussion of the conditions that the
City Commission placed upon me upon their approval which was to resolve the
issues raised by Commissioner Plummer. I did do that; but however, it only
allowed me to do it for thirty more days. Now, I would like to recommend
approval of this because I think it is very, very important to the existing
traffic congestion and the parking problems that we have downtown. We are
now talking about the bifurcated ramp and the Miami Bridge. We know we
have traffic problems now. You can imagine its being compounded by the fact
that we don't h.-re one parking space available right in front of Dupont
Plaza. So we urge that you continue this lease arrangement until June 1,
1982.
Mayor Ferre: All right, Commissioner Dawkins moves. Perez seconds. Further
discussion? Call the roll on 25.
Mr. Gary: I'm sorry, September, excuse me.
Mayor Ferre: September?
Mr. Gary: September of '82.
Mayor Ferre: All right, call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption.
MOTION 82-351
A MOTION OF THE CITY COM!4ISSION GRANTING A REQUEST MADE
BY MR. PHILLIP YAFFA, GENERAL COUNSEL FOR HOLYWELL CORPORATION,
FOR A MONTH -TO -MONTH EXTENSION OF TEMPORARY USE OF THE
BANDSHELL AREA UNDER THE SAME TERMS AND CONDITIONS AS SET
FORTH IN THEIR AGREEMENT.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
ANC 2 2 1982
3
Mayor Ferre: Now, Mr. Manager, would you please call up the Gerald Hines
Corporation... I forget the gentleman's name. It's Muhad, do you remember
it? Amed Din, because they also want to use this property. It has to
follow the same procedures. You'll have to discuss it. We'll deal with
it after you come up with a recommendation one way or the other.
Mr. Gary: Yes, Mr. Mayor.
Mayor Ferre: O.K. We are now waiting for the Carver Family, YMCA matter,
and we are also waiting for the 5:00 o'clock agenda items, and we are
also waiting for you, Mr. Manager to communicate with Commissioner Carollo
on 30 and 32.
Mr. Gary: Can we use another word other than communication?
46. BRIEF DISCUSSION IN COIRIECTION WITK NFW LEGISLATION
re: CONCEALMEOT_ OF GUNS.
Mayor Ferre: Is there anything else to come up before this Commission,
_ otherwise, I see no reason for us to stay here. We'll meet at 5:00
o'clock. Plummer, Plummer, you had a pocket item you said you wanted
to bring up?
INAUDIBLE CO?L*SENTS NOT PLACED INTO THE PUBLIC RECORD.
Mr. Plummer: Mr. Mayor, I am very much in favor of the legislation passed
and the Governor signed into law. That as it relates to the carrying of
guns in a cat.
Mayor Ftnrrc: You say you're in favor of it?
Mr. Plummer: Yes, in support. I do have a reservation, and it's been
expressed to me by a number of policemen. I think it is a legitimate
concern. Mr. Mayor, I would like to ask the City Attorney to look into
the possibility if a car is stopped by the Police Department, that the
occupants of that car are required to exit the car with the purposes of
discussion with the Police Department. My concern is in the fact that
if a policeman stops the car, and approaches the car that this policeman
could be in very, very serious danger; not so if the occupants were out
of the car. I would ask, Mr. Mayor, that the City Attorney would look into
the matter and try to draw up something for the safety of our policemen.
I'm not going to ask you that in the form of a motion.
Mr. Carollo: What is this again, Plummer?
Mr. Plummer: In other words, Joe, if the police stops an automobile, under
the new law, any individual can have a fire arm in the car. The possibility
of a policeman walking up to that car and getting blown away are great.
Mr. Carollo: But the new law that was passed was similar to the same law
that we always had before prior to the ruling from the Supreme Court.
Mr. Plummer: No, no, it's much more liberal.
Mr. Carollo: Slightly, but not that much more.
Mr. Plummer: This one says that they can have a fire aria on the seat of
a car, all right? I say that I think theti should be required that if a
policeman stops an automobile, that the occupants are required to exit
the automobile, so that when the policeman walks up to the occupants,
there is much less likelihood that he will encounter a problem. Do you
follow what I'm saying?
89
APR 22 1982
0
Mr. Carollo: I do, but you're going to be late for every funeral, Plummer.
Mr. Plummer: Well, you know, I'd rather be late than not in a funeral.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Carollo: What I meant was getting out of the car constantly, every time
motor cops come by.
Mr. Plummer: Well, I am concerned that our policemen have to go up and
approach an automobile, the likelihood is that there can legally be a weapon
on the seat, and could be (INAUDIBLE COVMNTS NOT ENTERED INTO THE PUBLIC
RECORD).
Mr. Carollo: Well, if I am correct, our police officers have the right, for
whatever the reason, not to approach on foot any vehicle and to get in the
mike an order that the occupants of that vehicle to get out.
Mr. Plummer: Joe, all I'm asking is that the City Attorney together with
the Police Chief and whoever else he feels is necessary look into this
matter (INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD).
Mr. Carollo: I'm for it. I have no problem with that.
Mr. Plummer: I don't need a motion.
Mayor Ferre: All right, that's instructions to the Manager.
47. DISCUSSION ON PROPOSED C110GES TO PR::SEIZT GUIDELINES
CONTROLL0G ABSENCES OF BOARD IMM"H IRS AT T'.:E PL.:i7NING/ADVISORY
BOARD/ZONLNG BOAP.D I EETINGS.
Mayor Ferre: Does anybody else have any other pocket items because otherwise
we have to wait until 5:00.
Mr. Carollo: Yes, yes, yes, yes. We had spoken the last time at Zoning
about changing some of the rules that needed to be changed for the Zoning
Board, the Planning Boards (the two most important boards that we have in
the City, just about). Now, Mr. Knox, you gave an opinion that whatever
rules we implemented could be retroative, if I recall.
Mr. Knox: I believe that you can determine (INAUDIBLE CO11MENTS NOT
ENTERED INTO THE PUBLIC RECORD). MICROPHONE FAILURE.
Mr. Carollo: Certainly, well, the new rules that I would like to present
to the Commission, seeing that these are two of our most important boards,
and seeing that there has been so much absenteeism from several people, one
in particular. And seeing that these two boards make such important decisions
for the City, the guidelines that I would like to implement are that any-
one that misses two meetings every six months, in other words four meetings
for the year, and the year will start January (not like our fiscal year)
that anyone that misses two meetings, whether they are excused or unexcused,
every two -months, would automatically be dismissed from the board. They
would have the option, however, to come before the Commission to give some
valid excuses, if they have them. The Commission could decide if they are
going to accept or not (the excuses). I would recommend that these new
rules be retroactive to the first of January.
Mayor Ferre: Do you want to make such a motion?
Mr. Carollo: Yes, Mr. Mayor, I make such a motion. These two boards are
just too important to let them go the way they have been going.
Mayor Ferre: All right, is there a second?
90
APR 22 1982
f
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Carollo: Mr. Mayor, there.is a motion, there is a second. .
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Carollo: No, no, sir. I made a motion that has been stated here. Mr.
Knox will come back with an ordinance.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Carollo: And if it could be brought back to us at the very next meeting....
Mr. Knox: Yes, sir.
Mr. Carollo: ...:which would be on the 11th.
Mayor Ferre: Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 82-352
A MOTION OF THE CITY COK41SSION INSTRUCTING THE LAW DEPARTMENT
TO IMMEDIATELY DRAFT AN AMENDATORY ORDINANCE IN CONNECTION
WITH NEW GUIDELINES WHICH WILL CONTROL ABSENCES OF BOARD
MEMBERS AT PAB AND ZONING BOARD MEETINGS; FURTHER INSTRUCTING
THE CITY ATTORNEY TO INCORPORATE IN SAID INSTRUMENT THE FOLLOWING:
THAT ANY ONE MEMBER WHO MISSES TWO MEETINGS IN A 6-MONTH
PERIOD (OR A TOTAL OF 4 MEETINGS IN A CALENDAR YEAR) SHALT.
BE AUTOMATICALLY DISMISSED FROM THE BOARD, W1?ETHER OR NOT
THEY CAN PROVIDE AN EXCUSE FOR SUCH ABSENCE; PROVIDING
HOWEVER, THAT SUCH INDIVIDUAL WILL BE ALLOWED TO APPEAR
BEFORE THE CITY COMMISSION IF HE SO REQUESTS; FURTHER INSTRUCTING
THE CITY ATTORNEY TO MAKE THE CALENDAR YEAR PERIOD RETROACTIVE
TO THE BEGINNING OF THE PRESENT CALENDAR YEAR.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
48. BRIEF STATUS R^PORT BY STAFF 01.1 CONST^UCTION OF T1'r WEST
COURTYARD ROOF PROJECT ( AT COCONUT G..^.OVE EXHIBITION CENTER).
Mayor Ferre: All right, Don, you have something to tell us.
Mr. Don Cather: This is in connection with the design of the west courtyard
roof which encloses the existing patio at the Coconut Grove Exhibition Center
across the street here. The architect has completed 60% submital to us. I
wanted to bring you up to date as to what this facility will look like upon
completion. This is the artist's rendering of the completed facility with
the roof in place. He is going to use on all of the three existing walls
to support the roof and extend a column on the fourth wall adjacent to the
existing building. The roof will be a flat roof with metal
njLd
' % 2 i382
' Mr. Cather: (CONTINUED) plaster on the exterior with a glass band around
the bottom to allow light into the facility. There will be a 25 foot
clearance underneath the steel trusses and in between the trusses there
will be 30 foot clearance, except for the ten air conditioning units which
will be hung on the trusses underneath the roof. It looks like an economical
design and that's what I wanted to bring you up on. If you have any
questions, I'll be happy to answer them.
Mr. Plummer: When will it go out for bidding?
Mr. Cather: It will go out for bid on May 6th.
Mr. Plummer: In your estimation in your department, will that still come
under the proposed budget?
Mr. Cather: It's,the current budget, it's.... we won't know.
Mr. Plummer: Do you have an estimate on this rendering?
Mr. Carollo: Where is Cesar Odio?
Mr. Gary: I asked someone to go get him.
Mr. Carollo: It is my understanding that the main reason that we were going
to enclose that area was for the ASTA Convention. Am I correct?
Mr. Plummer: Correct.
Mr. Gary: Yes.
Mr. Carollo: I understand now that the ASTA people are saying that they don't
want that enclosed for their benefit.
Mr. Gary: No, what they are saying is, last time they talked to me, if we
could not complete it before the ASTA Convention is done, they didn't want
to start the work because they would have no facility at all, so once we
get the bids, then we would be able to determine if we could complete it by
that time. If we can't, then we have to come back to the City Commission,
and we'd probably be recommending that you hold off on it until after the
Convention is over. But here's Mr. Odio; he can respond.
Mr. Odio: No, sir. They definitely want the roof over the area. When we
signed the contract last Friday, one of the requisites that they had, was
that we have a covered area. They need 100,000 square feet. They have it
sold already. But what they are saying is: "Please don't start if it is
not going to be finished on time." Then we could tent the area. If they
start and the construction is going on, we are out of that area completely
and that's the problem. However, I understand the architect is saying that
it will be ready on time. I believe they have designed the roof with materials
that are local, so that...
Mayor Ferre: Anything else?
Mr. Cather: We'll be asking you to approve the bid when it'a opened on the
meeting of May 27th.
Mayor Ferre: O.K., are there any items....
Mr. Gary: Number 21, Mr. Mayor, we could do before 5:00 o'clock.
Mayor Ferre: Tell me again.
Mr. Gary: Number 21 we can do before 5:00.
Mayor Ferre: All right, let's do as much as we can now.
1982
:.n r., 11 G+ u
A
t=
(-' APPROVE III PRINCIPLE P.;.LOCATIOiT/%:�P.IQSIOII OF CI:°ISTIAAI I:05PITALc° '
49 DIRECT CITY I ANAGER TO P= OC3i.7 41IT:: APPLICATION FOP AN UP.Bp?d
DEVELOPILMIT ACTION GRA11T III COti►IECTIOiI TEEREWIT::. '
e
Mayor Ferre: 21 is application for approval in principle....
Mr. Plummer: Move it.
Mayor Ferre: All right, there is a motion on 21.
Mr. Carollo: Second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-353
A RESOLUTION APPROVING IN PRINCIPLE THE APPLICATION FOR
THE RELOCATION AND EXPANSION OF CHRISTIAN HOSPITAL AND
DIRECTING THE CITY MANAGER TO PROCEED WITH THE CITY'S
APPLICATION FOR AN URBAN DEVELOPMENT ACTION GRANT FROM
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR
THIS NOT -FOR -PROFIT, ACUTE CARE, COMMMUNITY HOSPITAL.
(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.
50. BRIL•F DISCUSSION IN CONVECTION WITY. PP1'SE17 LASE AGRIE:ENT OF
RL:v':AL VZHICLLS BY POLICE DEPARTMIT.
Mayor Ferre: Is there anything else?
Mr. Plummer: Mr. Mayor, let me understand, when we come back, we have
items 15 through 20? That's it?
Mayor Ferre: Well, we also have possibly pending, if the Manager isn't
communicating, some other items.
Mr. Carollo: Mr. Mayor, at 5:00 o'clock we'll be returning?
Mayor Ferre: We have Domino Park, and we have item 32, if you can
satisfy Commissioner Carollo.
°�3
j;�;; 2 2 1982
i
s
Mr. Carollo: I have a problem, and that is that I have to be somewhere at
6:00 and I probably won't be able to get back until at least 7:30 P.M. or so.
Mayor Ferre: Well, we'll be finished by 6:00 P.M.
Mr. Carollo: That's what I figured.
Mr. Gary: Mr. Mayor, if he's going to leave, may I request that if we have
not resolved the questions that Commissioner Carollo has with regards to
the cars, that he give us an extension on the current use until the next
meeting, please?
Mr. Carollo: That's fine, that's fine.
Mr. Gary: Thank you.
Mayor Ferre: Is there a motion to that's
Mr. Carollo: I don't think we need a motioi.
Mr. Gary: We don't need a motion.
Mayor Ferre: All right, we'll meet at 5:00 o'clock P.M. and it will be
for one hour exactly.
THEREUPON, THE CITY COMMISSION WENT INTO
A BRIEF RECESS AT: 4:27 P.M., RECONVENING AT: 5:10 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION
FOUND TO BE PRESENT EXCEPT FOR:
Vice Mayor Joe Carollo
51. SECOND READII'G ORDINANCE: AME"I'D 6871. -ART . IV. SEC. 26
PERMIT TP.ANSITIOIIAL USES FOR ANY LOT III All R-1 DISTRICT.
Mayor Ferre: We have several items before us, and we have only one hour
to do them in so we are going to have to move rather quickly. Are items
15, 16, and 17 controversial?
Mr. Joe McManus: No, Mr. Mayor.
Mr. Plummer: 17?
Mr. McManus: 17.
Mayor Ferre: How about 15?
Mr. McManus: 15....
Mr. Plummer: No problem.
Mr. McManus: ....shouldn't be any problem, Mr. Mayor.
Mayor Ferre: All right, is there a motion on item 15?
Mr. Plummer: Move.
Mr. Dawkins: Second.
Mayor Ferre: Moved by Plummer, seconded by Dawkins. Further discussion?
Read the Ordinance on 15. We're on item 15. It's been moved and seconded.
Call the roll.
v
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6671,
AS AMENDED, THE COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY OF MIAMI, ARTICLE
IV GENERAL PROVISIONS, BY AMENDING
SECTION 26 - "TRANSITIONAL USES - IN 'R'
DISTRICTS" TO PERMIT TRANSITIONAL USES
FOR ANY LOT IN A R-T RESIDENTIAL
TRANSIT DISTRICT TO BE ANY USE PERMITTED
IN A R-C RESIDENTIAL OFFICE DISTRICT,
AND BY.* MAKING ALL THE NECESSARY CHANGES
IN THE. ZONING DISTRICT MAP MADE A PART
OF SAID ORDINANCE NO. 6871, BY REFERENCE
AND DESCRIPTION IN ARTICLE III, SECTION
2, THEREOF; BY REPEALING ALL ORDINANCES,
CODE SECTIONS OR PARTS THEREOF IN
CONFLICT AND CONTAINING A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of March 25th, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice Mayor Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9414
Tae Mayor read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
® 52. FIRST U. ADING ORDI::ANCL: AMM"D 6371. ART. }LXV., SEC. 14 (1)
and 15(1)-TI?T. LIMITATIO:.S OF REZONING APPLICATIONS.
Mayor Ferre: All right, is there a motion on item 16?
Mr. Dawkins: Move
Mayor Ferre: Moved by Dawkins, is there a second?
Mr. Plummer: Second.
Mayor Ferre: Any discussion? Call the roll.
95
APR 2 21982
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI BY AMENDING ARTICLE XXX,
ADDING A NEW PARAGRAPH (d), AND FURTHER AMENDING
SECTION 15, SUBSECTION (1), REGARDING TIME
LIMITATIONS OF REZONING APPLICATIONS; BY
REPEALING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT AND CONTAINING A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins, and seconded by Commissioner
Plummer and passed on its first reading by title by the following vote:
AYES:. Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: :tone.
ABSENT: Vice Mayor Joe Carollo
The Mayor read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
53. FIRST READING ORDINANCE: KLI END 6�71 ART. M".II (CO.;DITIONAL
USE-) SEC. 4 (APPEALS FROM DECIEIOL'S OF ZONING BOARD) ,
PARA. 2; PERSO:NS AGREED BY CITY CO"21ISSION ACTION: %-LAY SEEK
RiCOLISE BY FILING FOR A WRIT OF CERTIOU-K.
Mayor Ferre: All right, now, 17 is going to take some time, I'm sure.
How about 18? Any problems with 18?
Mr. Joe McManus: 18 and 19 were both put forth by the Law Department.
Mayor Ferre: All right, do you want to explain it?
Mr. Terry Percy: The Law Department is seeking to amend the zoning called
respecting appeals on zoning matters by the Commission of the Zoning Board.
We want to narrow the scope of review, so as to not require to Zoning
Board, the City Commission, the City staff to be tied up in trial de novo,
or new trial proceedings rather than an appellate review. This ordinance
would allow us to streamline their process and keep it a purely legal matter
rather than....
Mr. Plummer: Move item 18.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Read the ordinance. Call the roll.
4!1
+9s2
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY AMENDING ARTICLE XXXII,
SECTION 4(2), APPEALS FROM DECISIONS OF ZONING
BOARD, BY PROVIDING THAT PERSONS AGGRIEVED BY
ANY ACTION OF THE CITY COMMISSION MAY SEEK RECOURSE
TO THE COURTS BY FILING A PETITION FOR ISSUANCE OF
A WRIT OF CERTIORARI IN THE MANNER AND WITHIN THE
TIME PROVIDED BY FLORIDA APPELLATE FULES; AND 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.
- FIRST READING ORDI:TAN-CE: A?T_ND 6371. A.';T Y:;::I (VARIANCES)
- SEC. 6 (APPEALS FROM DECISIONS OF ZONING BOARD) PAIU%. 2;
54.
T PERSONS AGREED BY CITY C0121ISSION ACTION MAY SEEK RECOURSE
BY FILING FOR A WRIT OF CERTIORARI.
Mr. Plummer: Move 19.
Mayor Ferre: Plummer moves 19.
Mr. Dawkins: Second.
Mayor Ferre: Dawkins seconds. Further discussion? Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
AS AMENDED, THE COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY OF MIADMI, BY
AMENDING ARTICLE XXXI, OF SAID ORDINANCE
ENTITLED "VARIANCES", MORE PARTICULARLY BY
AMENDING SECTION 6(2) OF SAID ARTICLE
ENTITLED "APPEALS FROM DECISIONS OF ZON-
ING BOARD"; PROVIDING FOR APPEALS FROM
SAID BOARD BY PETITION FOR WRIT OF CER-
TIORARI; AND 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. w
v
ABSENT: Vice *Mayor Joe Carollo
APR 2 2 i982
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.
FIRST READILNG ORDINANCE: ANEND 6371. ART. IV, SLCi. 23 (DOCKS, �
55. WHARFS AND DOCV.GE) SUBSEC. 2 PARA. a and b: SLBSECS. 2 and 3- � F
PROVIDE TRAT SETBACt P.EQUIRLtTT.NTS MAY BE MODIFICD OP. SET ASIDE BY
�! PROVISION OF PUBLIC BENEFIT.
Mayor Ferre: Do'you want to explain 207 Joe... or Dick, explain 20
please.
Mr. Richard Whipple: Mr. Mayor, this is a ....
Mayor Ferre: Did we vote on 19?
Mr. Plummer: Yes.
Mayor Ferre: Go ahead.
Mr. 'Whipple . Mr. Mayor, this is establishing some new guidelines
regarding the extension of docks and piers beyond 25 feet. The existing
rules and regulations governing this conditional use approval are restrictive
and do not allow consideration of certain possible public amenities and
certain adjustments that could be made based upon some physical conditions.
This provides a little more latitude for consideration, but will still
require conditional use approval for docks and piers beyond 25 feet, which
it presently does.
Mayor Ferre: Questions?
Mr. Plummer: Move it.
Mayor Ferre: Call the roll. Has it been moved? All right, read the
ordinance. Further discussion? Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING
SECTION 23, "DOCKS, WHARVES, AND DOCKAGE", OF
ARTICLE IV, "GENERAL PROVISIONS", OF SAID ORDINANCE,
MORE PARTICULARLY BY AMENZ:NG THE FIRST AND SECOND
UNNUMBERED PARAGRAPHS OF SUBSECTION (2) OF SAID
SECTION 23 AND PARAGRAPH (a) OF SAID SUBSECTION (2)
AND SUBPARAGRAPHS 2 AND 3 OF PARAGRAPH (b) OF SEC-
TION 2 OF SAID SECTION 23, PROVIDING THEREBY FOR
THE INCLUSION OF THE C-1 ZONING DISTRICT AMONG
ZONING DISTRICTS TO WHICH SIDE PROPERTY LINE SET-
BACKS APPLY; FURTHER PROVIDING FOR THE DELETION
THEREFROM OF CERTAIN TERMS REGARDING BULKHEAD AND
WATERWAY LINES AND THE SUBSTITUTION OF CERTAIN TERMS
THEREFOR; AND FURTHER PROVIDING THAT LIMITATIONS
APPLYING TO PROJECTIONS IN WATERWAYS ALSO APPLY TO
CANALS; FURTHER PROVIDING THAT FOR PROPERTY IN THE
R-5, R-5A, AND R-CB ZONING DISTRICTS ABUTTING A
PUBLIC RIGHT-OF-WAY OR PUBLIC RIGHT-OF-WAY EXTENDED
OR OTHERWISE PUBLICLY ACCESSIBLE BY EASEMENT OR OTHER
APPROVED GRANT, THE SETBACK REQUIREMENTS MAY B'E
MODIFIED OR SET ASIDE PROVIDED THAT A PUBLIC BENEFIT
IS PROVIDED WHICH IS ACCESSIBLE TO THE PUBLIC AND BY
PROVIDING THAT THE ZONING BOARD SHALL ASSURE THAT
ADJACENT PROPERTIES AND THE PUBLIC OBTAIN REASONABLE
WATER ACCESS, AND THAT ALL ACCESS DOCUMENTS SHALL BE
ACCEPTABLE TO THE CITY LAW DEPARTMENT AS TO LEGAL
FORM AND SUFFICIENCY; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
G's 19 82
,,,,,�2
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: ;lone.
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. Plummer: I'm going to vote yes on 20(a) and (b), but I want to tell
the Department that they'd better come and see me if they are expecting my
vote on the second reading. I have some hang-ups with some of the wording.
It's one thing to give an adjoining property owner access to his rights,
and it's another to infringe upon his rights. I have some concern about
that. I want to make sure that we're going to do this thing properly as
it relates especially the Bayfront in relation to Brickell. I have some
serious questions in that particular area. So, before the second reading,
please avail yourself in coming to see me on this item, because if you
don't, don't look for my vote on the second reading.
FIRST READING ORDINANCE: AMEND 6871. ART XI-2 (LOCAL CO�DIERCIAL)
56. C-1- PERMIT DOCKS AND PIERS TO EXTE•,:D BEYO'_'D 25 FEET UPON
CONDITIONAL USE APPROVAL.
Mr. Plummer: I move (b).
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE, BY ADDING A NEW
PARAGRAPH (g) TO SUBSECTION (7) OF SECTION 1, ARTICLE
XI-2, "RESIDENTIAL-OFFICE--R-CB DISTRICT", AND A NEW
PARAGRAPH (i) TO SUBSECTION (33) OF SECTION 1, ARTICLE
XII, "LOCAL COMMERCIAL, C-1 DISTRICT", TO PERMIT DOCKS
AND PIERS TO EXTEND BEYOND TWENTY-FIVE (25) FEET UPON
CONDITIONAL USE APPROVAL; CONTAINING A REPEALER PRO-
VISION AND 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
09
`a APR 2 2 1982
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: Same applies, I vote yes.
57, C014TINUED DISCUSSION ON COMMISSIONS' S TRIP TO BOSTON/ BALT I'MORE +
re: 14ATERFRONT DEVELOPMENT ( SEE LABEL 14) . � t
Mayor Ferre: Now, we have this trip to Baltimore and Boston. Commissioner
Perez, have you looked at your schedule?
Mr. Perez: Yes.
Mayor Ferre: You can go? All right, then, Mr. Manager, let's schedule
that trip. There are three of us from the Commission that will be going.
I think that you ought to also invite members of the Downtown Development
Authority at their expense if they wish to join with us and Mr. Kenzie
at the D.D.A.'s expense, O.K.?
58. _..
BRIEF DISCUSSIOS IN CONNEXTION WITS
JOSE Ma.RTI RIVERFRONT PARK.
Mayor Ferre: I wanted to say something about Jose Marti Park, Mr.
Manager, we voted on Jose Marti Park. But I noticed in the newspaper...
and I'm sorry that I didn't mention it when Carl Kern was here... that
they had a press conference and a meeting, and there's been a lot of stuff.
A lot of people taking an awful lot of credit for Jose Marti Park when this
has been an....
Mr. Plummer: Who had a press conference?
Mayor Ferre: Well, there was a major news story in the newspaper about
Jose Marti Park and about a lot of people like Mr. Bermello, for example,
taking credit for a lot of things that they had nothing to do with.
Mr. Plummer: But, wait a minute, excuse me Mr. Mayor, who is Mr. Bermello?
Mayor Ferre: A citizen in this community who is running for... public...
he just turned Republican, he's running in one of the new districts. I
don't mind him getting his own publicity, but not at the expense of the
City. I frankly don't think that Mr. Carl Kern should participate in that
kind of press conference. There was a major news story in the Herald about
that meeting. I'd like a memorandum explaining how that all came about.
10 AFC 2 2 1982
59. COMMISSION STIPULATES TEAT, IN CONNECTION WITH REGULATION
PLRITAGE CONSERVATION ISSUES, OWPIER OF PROPERTIES DESIGNED AS
HISTORIC SKALL ULTIMATELY MAKE THE DECISION AS TO I-PKETHER OR NOT
�.. FIE WANTS IT DEMOLISHED.
Mayor Ferre: We now have item 17 before us, which is a scheduled before
the Commission. All right.
Mr. Joe McManus: Mr. Mayor, members of the Commission, this was before
you one month ago at your last meeting. At your direction, the Planning
Department had a specific workshop on historic preservation on April 7th
at the Planning Department. We invited those we considered to be interested
parties. We had a very productive two hour long workshop. As a result of
that we did some language changes to the ordinance, which we believe are
beneficial and constructive. With that, I'd like to introduce Miss Joyce
Meyers for purposes of presentation.
Ms. Joyce Meyers: O.K., what I would like to do, rather than get into the
entire ordinance, I think the Commission has had many opportunities to
review this, I'd like to highlight the important changes that were made
in the ordinance as a result of that workshop. They deal with issues that
have concerned this Commission in the past. One of those deals with the
definition of exterior, which is what the ordinance really controls.
Previously the ordinance controlled exterior surfaces that were visible
from public ways. If you recall, that created a problem in the case of
the Sears building, because there were parts of the building that were
visible from public ways, but which were in the rear of the building and
were not significant. So we have changed that definition so that we define
in the designation report which surfaces are significant and therefore
which ones should be of concern to the board and which ones are controlled
by this ordinance.
Secondly, there was a concern expressed by the Commission about the
delays that could be caused because of this ordinance, and that those
delays might be costing someone money in terms of interest that they are
paying. To deal with that issue, we have inserted a provision under the
moratorium section whereby if the owner is in the process of developing
and does have a schedule to keep, he may apply for an accelerated hearing
which he can get within a maximum of sixty days to get the approval or
denial on his demolition or alteration or whatever he is seeking to do.
Finally, we have inserted a couple of more things about economic
hardship to attempt to further define that. Most significantly, we have
inserted a section that tells the owner what information he should submit
in order to help him prove economic hardship and to help the review board
deal with this issue and what truly constitutes economic hardship. This
language was taken from a Washington, D.C., ordinance that has been functioning
very effectively for a few years now.
Mayor Ferre: All right, Joyce, let me ask you a question. I don't see
Marti Fine and some of the property owners who are concerned. Are they
satisfied with the wording now?
Ms. Meyers: A representative from Marti Fine's firm was at the meeting.
He stated that they felt that the ordinance is a process that provides
ample opportunities for property owners to be heard and to defend themselves.
Mayor Ferre: All right, are there any representatives of any owners or
legal firms that wish to be heard in opposition to the corrections which
have been made? Is there anybody who wishes to speak at this point on this
ordinance as it is before us? If not... Oh, you do. Are you in opposition?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Ferre: You are a proponent? Well, all right, I think a lot of
proponents have already spoken in favor, unles you have some very strong
or new statement that needs to be made, I think we can move along. I
don't know what this Commission is going to do, but I have a feeling that
we have worked out most of our problems.
lrtl1
A F R 22 1982
�'
Mr. Plummer: Are you ready for Commission input?
Mayor Ferre: Yes, members of the Commission.
Mr. Plummer: Mr. Mayor, my possition basically has not changed. I appreciate
a number of people telling me why it should. I am in favor of 95% of this
ordinance. But Mr. Mayor, I am still very strongly in favor and will only
vote for the ordinance: that is that the individual owner of the property
has final decision as to whether or not he wishes that designation for his _
particular site. Other than that, I cannot vote for the ordinance.
Mayor Ferre: Let's see if we can get a full Commission in here.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD.)
Mayor Ferre: The problem that we have now is that we may not have the
votes here. I mean I don't mind stating that I'm voting for it, but
I have a feeling that we don't have three votes. So, what do you want
to do?
Mr. Plummer: Mr. Mayor, the item is before us. It is to be heard. I think
that we're into the item. And I think that....
Mayor Ferre: I have no problems, but I just want the proponents to understand
that after an awful lot of work, we don't have a full Commission and I
don't think there are three votes here.
Ms. Meyers: I think as applicants from the Planning Department, we'd wish
to seek a full Commission prior to a vote on this.
Mayor Ferre: All right, for us to defer this item....
Mr. Plummer: Well, Mr. Mayor, let me do it the other way around, O.K.?
Let me insert into the ordinance an amendment.
Mayor Ferre: All right, what's your amendment?
Mr. Plummer: The amendment is very simple. That the owner of any designated
piece of property has the final right of deciding of whether or not he wants
said designation.
Mayor Ferre: All right, there is an amendment on the floor. Is there a
second?
Mr. Perez: I second.
Mayor Ferre: There is a second. Under discussion, go ahead.
Ms. Meyers: There are two points I'd like to make on that. Number one,
this Commission has the final decision on whether to designate anyone the
way the ordinance is written now. You have the right to approve or deny
any designation regardless of what the owner... you know, you can choose
to support the owner in designating him, or not. So without amending the
ordinance, you have that protection.
Secondly, I think this is an issue that we went over at great length
over the Sears Building. The thing that we are seeking here is the ability
to talk to and negotiate with an owner. If we don't have the ability to
designate him as historic, then we don't have the ability to talk to him
and negotiate. Sears would not have agreed to the designation, but this
Commission unanimously voted to designate them as historic, and allow the
process of negotiation to work out the problem.
- Mr. Plummer: Sure, that was with the proviso of their agreeing that they
knew that there were three votes that weren't going to do it. I don't
blame them. They'd be fools not to accept something like that. That
was a gift. It was a gift. You tell any owner. Yes, fine, we want you
to have a public hearing, but three votes on this Commission say you're
going to get what you want. Hey! Let's talk about Santa Claus.
n2
Ms. Meyers: That's the same way this ordinance is written out.
Mr. Plummer: No, it's not. Hey, very simple, Joyce, you know you and
I have had our differences and we've tried to talk them out and we'll
continue to have our differences. To me the basic right of an individual
property owner to say and do with his piece of property is a basic right
of this country. That's all I'm saying. You want to encourage, you want
to spell out the reasons why he should consider keeping that as historic,
and the advantages that he can gain, I think is fantastic. But in the
final analysis, he paid his money to buy it. He is reminded every year
in his tax bill that it's his piece of property. Like I said to you: you,
me, government, we want to tell him what to do with it? Let government
buy it! It's just that simple. We bought Bicentennial Park. We bought
Kennedy Park. Why? Because we couldn't tell the owner: "Hey, buddy,
you have.a piece of property we want you to turn into a park." So we
bought it and we said, "fine, we'll turn it into a park."
Mayor Ferre: All right, Mrs. Parks.
Mrs. Arva Parks: Mr. Mayor, members of the Commission, I'm Arva Parks,
I'm a local historian. I am very sad at this moment here today. Because
this is something that the community has had great input in for many, many
months. We worked very carefully, and very sincerely with attorneys for
property owners and they are not here tonight. I don't believe that there
is a citizen or interested party here to oppose the ordinance. I think
that is a very important point that members of this Commission need to be
aware of. I speak on local history on this community every week. I go
into every part of the community and because of the history of this
community that belongs to everyone, I know how an awful lot of people in
this community feel about historic preservation. I'm sure that all of you
have had people call you in favor of this ordinance. Just last night, I
spoke at the Coconut Grove Civic Club. There is someone here from the
Civic Club with the support of a club that's been in existence in Coconut
Grove since 1923. They realize for all the things they've been trying to
do all these years to protect the last important pieces of Coconut Grove,
this is the best chance they've ever had. It is a process. It is not a
guarantee for anyone. We argued the process on the Sears Tower, or the
CBD-2 ordinance. We are arguing the process tonight. If you have a
consent ordinance, you do not have a historic preservation ordinance. I
want to make that very clear for the community to realize that. You
either have that or you don't. In the Miami Beach situation, which we
have read a great deal about, that Commission Chamber was crawling with
people who were opposed to the ordinance. I find that in talking to
people about this ordinance, everybody keeps thinking of buildings. They
keep thinking: "What about this building, what about that building? What
about that building?" There is no guarantee that any single building you
can think of, not the Statue of Liberty (if it were in our town), would
have to go through a designation process. I would like to really point
out to you how crucial this is for what is left of the heritage.
The heritage of this community belongs to everyone. The developers
that are going to be moving in to Overtown, because the properties are
less expensive, are not going to stop and consider the historical buildings
of Overtown unless the City of Miami says: "Look, we have designated this
building as a historic site, and we want you to stop and consider it before
you tear it down."
People are not going to go in to Little Havana, which is one of the
more historic areas in town. Some of their history is only 20 years old,
but the history of Little Havana has changed this community as much as
any event that has ever happened. Things that happened 20 years ago are
not even old. But that's part of our history. Who is going to save a
twenty -year -old building that is very important to the Cuban community,
unless the government says: "Hey, listen, we want you to stop and consider
this because an awful lot of people in our community think this is a very
important structure." That's what we're asking for.
The Supreme Court of the United States has upheld preservation
ordinances. Eight hundred American cities have them. The City of Coral
Gables has had a very similar preservation ordinance since 1973. I happen
to have been the chairman of that preservation board for four years. I
am very familiar with how preservation ordinances work. Anyone in this
room can drive through Coral Gables and see that things are going great there.
103 A P R -2j 2.) 1982
Mrs. Parks: (CONTINUED) There's a lot of new buildings. Not every
building in Coral Gables has been saved. There has been a lot of negotiation.
But there is a good feeling there in the community. A lot of people have
saved buildings just because the government, the city has made them aware
of it. I won't take up any more time, but I would just like to reiterate
that there are some other people here that would be opposed to this
particular amendment.
Mr. Plummer: Arva, I have no problem with imposing a law that says to the
owner:, "You have to stop and consider." But when he does, if his decision
is "no," that's where we differ. Stop and consider, I have no problem, none.
Mr. Tim Blake: President Elect of the Dade Heritage Trust here in Dade
County. At this workshop meeting that we had, we sat down with a lot of
attorney$ who are"representing developers. We talked about all the issues,
and we tried to come up and talk, and debate them, and discuss them, and
talk about things that were fair to all parties concerned. There was a
lot of give and take. I'd also like to call your attention that at that
workshop, we had Stephen Dennis, the national authority on historic
preservation ordinances, an employee of the National Trust for Historic
Preservation chartered by the U.S. Congress, to assist in many different
ways in trying to make the history that's gone before city, communities,
and historic preservation ordinances available to the staff and to this
community. Now, the Dade Heritage Trust paid his way down here without
costing the City a penney. We brought him in and he helped all of us,
even the developers. We have come up with an ordinance that can benefit
developers tremendously by the system that is just there. We have gone
one step farther for the developer in this ordinance than any other ordinance
goes in this county. Probably in this entire state. In this unique system
that has been developed here leaves the final authority with you. There
isn't going to be a taking at all at any point in time until Commissioner
Plummer has had his say. If you can convince the other votes, then there
never would be a taking. If your owner is here and his counsel is here
and they are talking and they are debating and they are reasoning and they
are giving you their justification not to declare it historic, they've
had their day in court, they will have had the benefit of alternative uses
and full discussion. I think that is just going that extra mile and taking
that absolute positive step to assist in the development of this town,
and to help developers. I would anticipate that with this ordinance passed,
that you would find developers that would go out of their way to find
historic places, to seek out their designation so that they could develop
other pieces of property with the add-ons, the bonuses, or whatever other
benefits are available to them in this ordinance. Thank you.
Mayor Ferre: All right, other speakers?
Ms. Sharon Allen: My name is Sharon Allen. The reason I came is because
I own a very old house here in Coconut Grove. It's approximately 55 years
old. It's on Oak Avenue and it's made almost entirely of coral rock. I'm
also a local businessperson. I'm in real estate. One of the reasons I
bought the house was for its historic value. I was very attracted to
the house. I really believe that this zoning package would promote the
activity of private investment people, people that go and borrow the
money to do something in this town.
You go to Washington, to San Francisco, to Baltimore, to Philadelphia,
they all.have historic preservation zones. It has brought activity and
money back into those areas. Anybody that has been there has to know that.
Mr. Plummer: Ma'am, my amendment doesn't change that.
Ms. Allen: I think the amendment possibly... I'm not familiar with the
activities of zoning in the City and so forth... I feel that it would
invalidate what's trying to be done.
Mr. Plummer: It still allows you for the procedures. It still allows
you to go through the same procedures. That's all. And with your case,
you wanted it, and you would be entitled to it.
A F R 2 : 1982
Ms. Allen: I don't happen to agree. In any case, I'm here just to be
a proponent, because I do own a piece of property. It's not an abstract
situation for me.
Mr. Plummer: Ma'am, this morning, before this Commission came two parcels
of land. The old Warner house and I forget if the other one has a designation
or not. This Commission passed them both, letting them both be declared
historic sites. If you want to do the same, you're entitled to come before
this Commission and ask this Commission to designate you as such. And
they will or they will not. But you asked for it.
Ms. Allen: My comprehension of this is that's the way it reads now.
Mr. Plummer: Yes, we've already passed two this morning.
Mayor Ferre: All right, next speaker.
Mr. Ralph Johnson: Commissioners, my name is Ralph Johnson, 3418 Franklin
Avenue. I am the President of Coconut Grove Civic Club. Just last evening,
we had our annual meeting of our membership. This issue had been discussed
at great length. I must admit too that we had a great turn -out. There
wasn't any opposing vote or dissension with reference to this issue.
This happens to be something that we've been waiting for in Coconut
Grove for a long time. Now, I think that what it does is it offers us
a process by which we can begin to determine and to define exactly the
direction that Coconut Grove is going to go. We feel that we have lost
a great deal already. Now, I understand what you are saying. I think that
we do have a right, there always should be a right for one to do what one
wants with one's property. However, I think that in the case where we
have the danger of very important properties being lost, and I have to say
too (particularly in Coconut Grove), where the property is somewhat valuable,
that if it does in fact change over too many times, or once too many, then
the last owner just might have the opportunity to stop this process that
we are trying to do.
Now, I think that's the only part that I might want to say. That we
do support the ordinance. We support it intact. I don't think that anyone
had any problems with a commission being established, a commission of
residents of members of Coconut Grove, perhaps, that would determine
exactly how that land would be done.
Mr. Plummer: Absolutely no difference here. Anyone that wants, once a
site has been declared a historic site, if they want a demolition permit,
they apply for it. There is a sixty day period in which they must sit
down with interested parties. So it's not a matter of a man running out
and getting a demolition permit. There is a sixty day stop gap measure in
there.
Mr. Johnson: But what happens then, suppose that this does happen several
times. I'm saying in a speculative manner, supposing that this does happen
to a property that you might consider extremely valuable and worthwhile.
Suppose then that the new owner has no sensitivity to what the community
really is about. What happens then?
Mr. Plummer: I guess it would be like the classic example in Coconut Grove.
Mr. Johnson: Exactly, and that is what Coconut Grove, the Civic Club is
trying to.....
Mr. Plummer: It's called the 'Barnacle. The State wanted to tell them
what they could do with it and they bought it. And I think that's great.
Mr. Johnson: The State cannot buy all the land and all the properties that
we feel are important.
Mr. Plummer: That's right, they can't, because they have to maintain them.
That's also another problem, if this ordinance were to pass, O.K.? Who
is going to maintain those structures in their historic presence?
Mayor Ferre: All right, thank you, sir, Mr. Johnson. Next speaker; any
other speakers? all right, we have.... yes, sir.
� n5
Mr. Tim Blake: In rebuttal, if you have a voluntary ordinance in a
development oriented city, in essence, what you are saying is that money
determines what is or isn't historic. The almighty dollar determines who
can buy it. If I can buy it, I can tear it down.
Mr. Plummer: No, sir. If you wish to put it on those terms, of course, Mr.
Blake, everything comes down to the final analysis: to the dollar. Now, in
effect, what I am saying is the right of ownership has the right to decide.
If you want to tell a man what to do with his property, then you buy it and
you can do what you want with it. If government wants to impose itself and
say what shall be on that property, then let government buy it and let
government do what they want with it. But don't penalize a man who has
gone out and bought, paid his dollars, and then turn around and say to him,
"Sir, you can't do what you want with that property." That's wrong.
Ms. Joyce - Meyers: Mr. Plummer, when you and I talked in your office the
other day and you said that you could agree with 95% of the ordinance,
but not the other 5%, your motion to change this that agreement that
we had. What you said to me then in your office was that you could go
along with a mandatory designation in order to force the owner to at least
talk and negotiate. What you could not agree to was the ability of the
board to say, "No, you cannot demolish your building," after the negotiation
had taken place. That is something that is an entirely different thing.
Mr. Plummer: It is not entirely different at all. Remember what I just
said in the way of the amendment. Would you read her back the amendment,
please? Obviously she didn't hear it.
Mrs. Matty Hirai: That the owner of any designated piece of property has
the final word as to whether or not he wants this designation on it.
Mr. Plummer: That's exactly what I told you in my office: the owner
retains the final word.
Ms. Meyers: Not on designation, but on demolition.
Mr. Plummer: I didn't say on designation. t didn't say on designation.
Do you want a dedicating? Fine. And you want to interpose those sixty days?
Fine. You and Arva and all the rest want to sit down in that sixty day
period and say to him in that period: "These are the reasons why you should
do a historic site thing." Great! But if in the final analysis, after that
sixty days is finished, if he says: "I don't want it." Then he has that
right. No different from what I told you.
Mr. Jasper M. Moore: My name is Jasper M. Moore. I live at 11477 S. W.
84 Lane in Miami, 33173. I am an employee of the company that owns the
Freedom Tower. I would like to say that in general we support the
ordinance wholeheartedly. There are a couple of items with which we have
some slight reservations. The first is that any person living anywhere in
the world may petition the historic conservation board to designate any
property within the City of Miami as being a historical property. When
that happens then the Planning staff prepares a report and submits it to
the historical board who then takes a vote as to whether or not this
property should be declared historical or not.
If the vote is negative, as I now understand it, again anyone anywhere
in the world may appeal that negative decision. We would feel much happier
if a negative decision could be appealed only by the property owner or by
the Director of Planning for the City. As a developer our prime concern is
time which translates into dollars.
What we are concerned about is a capricious appeal of a denial, which
would tie up our property for an additional 30 or 60 days.
Air. Plummer: Let me tell you one better, sir. Have you read the ordinance?
Mr. :Moore: I read it. I attended the workshop the other day. They handed
out some written suggested changes which have been incorporated. We discussed
some other matters, some of which were incorporated, some of which were not.
I am not sure which were incorporated, which were not. I have not had an
opportunity to re -read it.
106 1982
APR 22
00
Mr. Plummer: Sir, let's speak to the Freedom Tower, which you represent.
It is proposed, as I know your plan and what I was shown of your plan, to
tear down a portion of that structure. If this board were to say, "No,"
you can't do it.
Mayor Ferre: That's not so.
Mr. Plummer: Oh, yes it is! You have to prove economic hardship in
guidelines spelled out by them.
Mayor Ferre: Well, we have the final... we, the Commission, have the
final designation.
Mr. Plummer: Not unless they can file. They can't even apply for a permit,
it is my,understanding, unless they supply in advance a letter showing why
it is economic harship.
Mr. Moore: Commissioner Plummer, as I understand the existing interim
ordinance, that is not correct, because we excluded from the legal description
of that property, which is historical in nature, the portion which we
intend to demolish. However, another one of our minor concerns, is that
under the new ordinance, it's a new ball game and I would presume that
exactly the same legal description of what is intended to be put into
the ordinance with regard to our property, but that does not occur until
later, so we're put into the posture of having to view the new ordinance
with the idea that the legal description may be changed. That's a function
of the City. I would assume that it would not be, but it is a concern
because it is up for grabs once more. We would feel much more comfortable
if there were an additional amendment to this. That all of the properties
that are currently going to be considered historical by the City, be
automatically included in this ordinance. Then we would know where we
stand with regard with that property.
But the third concern that we have is over the interior of the
building. Now, I understand the exterior. And that may be modified by
the board. But we're concerned about if we wanted to remodel the interior
of the building. We have some particular regards. We have a couple of
old elevators in there that are not made anymore. We may not be able to
duplicate those elevators. There were some tiles made in Southern Spain,
50 or 60 years ago; I'm sure the factory isn't even in business anymore.
We would not be able to duplicate broken tiles. That's one of the problems
that we have. So we are concerned on the effect of the interior of the
building. Whether or not the legal description will be the same with regard
to our property. Also, the fact that there may be a capricious appeal of
any negative decision with regard to the original petition. Thank you.
Mayor Ferre: All right, next speaker. Any other speakers?
Mrs. Arva Parks: I would just like to see if I could clear one thing with
Commissioner Plummer. Commissioner Plummer, is it your intention...
could you be satisfied if we had a requirement with all the due process
that are in... in other words, that you could be designated after all your
due process. As long as it came down to demolition, then after the waiting
period as in, then you would be in a position to decide yourself. That's
very different than consent to be designated.
Mr. Plummer: That's what I said! That's exactly what I said! You want
to go through the process....
Mayor Ferre: Wait, wait, wait! I think....
Mr. Plummer: ....you want to designate the....
Mayor Ferre: .... I see some light, I see some light!
Mr. Plummer: You want to designate the parcel, make the man go through
the sixty day process, I have no problem with that. Absolutely none!
Mayor Ferre: I think you misunderstood what Plummer was saying, because
it is an emotional issue. But I think this is clarifying it a little bit.
1 4;
APR 22 1982
Mrs. Parks: If I am assured that the whole ordinance goes into the effect,
except when it comes to actual demolition, that the property owner, therefore,
would have the final say, after the cooling off period, shall we say.
Mr. Plummer: Sure, I will go even further than the sixty days. O.K.?
Do you want to say: "Sir, you have a piece of property. You are
designated (after a public hearing, of course) a historical site."
Before that man can get a permit for demolition, the time he files,
there is a 60 day or a 90 day running period in which we go through this
process which we go through it all and then at the end of the 90 days,
he has the elective. I have no problem with that at all, none.
Mrs. Parks: Well, I think that if the ordinance stands except for the
demolition section, if that were changed, then I think that we could be
in agreement about this. But the key to a preservation ordinance is....
Mr. Plummer: When you say demolition, now, that doesn't preclude sale.
Mrs. Parks: Well, sale doesn't really have anything to do with it at
all. Sale is not really an issue, but demolition is really the issue.
Because I think the thing that makes a preservation ordinance work is
not so much the demolition, because that's not going to come up very
often really, in practicality it may come up occasionally. But the thing
that makes a preservation work or not is the designation. It's just the
same argument we made before.
Mr. Plummer: Have no problem with that. Have no problem. And my amendment
doesn't change that.
Mayor Ferre: All right, then, with that clarification, we are ready to vote.
Mrs. Parks: As long as that is really clear.
Mayor Ferre: That's very clear, on the record. Is it clear? Does anybody
have any doubts on what we're voting on? Joyce, do you have any doubts?
What Plummer is saying is that he is willing to vote on this ordinance
as it is presented except in that area where we are talking about demolition.
He has clarified in that final area, it will be the final prerogative of
the owner to make the final decision with regards to demolition.
Ms. Meyers: Let me just ask because the ordinance is still valuable with
that amendment but it certainly weakens the bargaining power....
Mayor Ferre: Hey, Joyce, you don't have to pull so....
Ms. Meyers: Let me just ask. Would it be acceptable to have the final
decision resting with this Commission, as we wrote in the Sears ordinance?
Mayor Ferre: He's already gone through that! You know, the man is telling
you where he's at. Now, with that, we understand where we're at now, right?
All right, call the roll on the amendment of Commissioner Plummer first,
then we'll vote on the ordinance. Call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION No. 82-354
A MOTION OF THE CITY COX41SSION STIPULATING THAT, IN
CONNECTION WITH AGENDA ITEMS 17(a) AND 17(b) OF TODAY'S
AGENDA, WHICH INVOLVED LEGISLATION REGULATING HERITAGE
CONSERVATIONS ISSUES, IT SHALL BE UP TO THE OU-NER OF A
SPECIFIC PIECE OF PROPERTY WHICH HAS BEEN DESIGNATED AS
'HISTORIC' TO ULTIMATELY MARE THE DECISION AS TO WHETHER
HE WANTS HIS PROPERTY DEMOLISHED OR NOT, ONCE HE HAS GONE
THROUGH ALL DUE PROCESSES AND COMPLIED WITH ALL PERTINENT
REGULATIONS.
-APR 22 1902
i
Upon being seconded by Commissioner Perez, the motion was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
NOES: * Mayor Maurice A. Ferre
ABSENT: Vice Mayor Joe Carollo
ON ROLL CALL
* Mayor Ferre: I vote no because I think the way it stands is the stronger
and the more effective way
60. FIRST READINTG ORDINANICE: AMEND 6871 ART. IV-14EW SEC. 46:
"EERITAGE CONSERVATION (?-N.D. )"
Mr. Plummer: I move 17(a), as amended.
Mayor Ferre: All right, there is a motion on 17(a), as amended, is there
a second?
Mr. Perez: I second.
Mayor Ferre: All right, there is a second. Is there further discussion?
All right, read the title of the ordinance. Further discussion? Call
the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE
6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI BY AMENDING ARTICLE IV - GENERAL
PROVISIONS BY ADDING: A NEW SECTION 46 - HERITAGE CONSER-
VATION ZONES; PROVIDING FOR INTENT AND PURPOSE, EFFECT OF
HERITAGE CONSERVATION ZONING, DEFINITIONS, HERITAGE CONSER-
VATION BOARD, CRITERIA AND PROCEDURES FOR DESIGNATION OF
HERITAGE CONSERVATION ZONES; REQUIREMENTS FOR CERTIFICATES
OF APPROPRIATENESS, AND SPECIAL PROVISIONS FOR ADMINISTRATION
AND ENFORCEMENT; PROVIDING FOR INCLUSION OF SAME AS ARTICLE
16 OF THE PROPOSED NEW ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA; AND 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:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins
ABSENT: Vice Mayor Joe Carollo
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
log A hlu21QEi2
d
ld
61. FIRST READING ORDINANCE: AMEND CODE CHAPTER 62 (ZONING AND
PLANNING): ADD NEW ART. VII-HERITAGE CONSERVATION BOARD. '
Mayor Ferre: We are now...
Mr. Plummer: I move 17(b) as amended.
Mayor Ferre: All right, there is a motion on 17(b) as amended. Is there a
second?
Mr. Perez: Yes, I second.
Mayor Ferre: Second by Perez. Further discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 62 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING
AND PLANNING" BY ADDING A NEW ARTICLE VII TO SAID
CHAPTER 62 ESTABLISHING A HERITAGE CONSERVATION BOARD
AND PROVIDING FOR BOARD ML-4BERSHIP, FUNCTIONS, POWERS
AND DUTIES GENERALLY, PROCEEDINGS AND NO COMPENSATION;
FURTHER, PROVIDING FOR APPOINTMENT OF A HERITAGE CON-
SERVATION OFFICER AND DUTIES OF SAID OFFICER AND BY
REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THERE-
OF IN CONFLICT; AND CONTAINING A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
?favor 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.
62. FIRST READING ORDINANCE: AMEND CODE CHAPTER 17 (ENVIROMENTAL
PRESERVATION); DELETE SEC. 17-4-ENVIROMENTAL PRESERVATION REV
BOARD AND SUBSTITUTE HERITAGE CONSERVATION BOARD; ETC.
Mayor Ferre: Take up 17(c).
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Maycr Ferre: Further discussion? Read the ordinance.
110
APR 2 2 1982
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 17 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, "ENVIRONMENTAL PRESERVATION" BY
REPEALING SECTION 17-4 OF SAID CHAPTER,
ENTITLED "ENVIRONMENTAL PRESERVATION
REVIEW BOARD" AND SUBSTITUTING THEREFOR
A NEW SECTION 17-4, ENTITLED "HERITAGE
CONSERVATION BOARD"; AND BY REPEALING
SECTION 17-5 OF SAID CHAPTER, ENTITLED
"ADMINISTRATIVE ASSISTANT TO THE ENVIRON-
MENTAL PRESERVATION REVIEW BOARD" AND
SUBSTITUTING THEREFOR A NEW SECTION 17-5,
ENTITLED "HERITAGE CONSERVATION OFFICER";
AND BY REPEALING ALL REFERENCES TO THE
TERM "ENVIRONMENTAL PRESERVATION REVIEW
BOARD" IN SECTIONS 17-6, 17-7, 17-12,
and 17-14, OF SAID CHAPTER AND SUBSTITU-
TING THEREFOR THE TERM "HERITAGE CONSER-
VATIOtd BOARD"; AND BY REPEALING ALL REFE-
RENCES TO THE TERM "ADMINISTRATIVE ASSIS-
TANT TO THE ENVIRONMENTAL PRESERVATION
REVIEW BOARD" IN SECTIONS 17-8 and 17-12
PROVIDING FOR A DELAYED EFFECTIVE DATE;
AND SUBSTITUTING THEREFOR THE TERM "HERI-
TAGE CONSERVATION OFFICER"; AND REPEALING
ALL ORDINANCES, CODE SECTIONS OR PARTS
THEREOF IN CONFLICT; AND CONTAINING A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins
and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
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.
AFTER ROLL CALL:
Mr. Plummer: Mr. Mayor, if it will make Joyce Meyers sleep any better to-
night, I promise not to make my designate to the board Mr. Tibor Hollo or
Mr. Emil Gould. Mr. Mayor, may I, as one on the opposite side, I would
like to recognize the real, honest and forthright dedication of Joyce Meyers.
Mayor Ferre: Amen.
Mr. Plummer: I have to tell you that even though she and I disagree, I don't
know of any City employee who has come to (I really hate to say lobby) but, to
discuss an item with me, that I had the feeling that was as honest and sincere
in the way she believed and still left me with the right to respect my belief.
Mayor Ferre: Is that what you call positive communication?
Mr. Plummer: I want to tell you that in my estimation, that is positive com-
munication; that I think she is to be commended for a job. Maybe she didn't
APR 2 2 19on
04
id
get 100% of her cake, but I think she got 95%, and without that attitude,
would have not gotten 502.
Mayor Ferre: Congratulations, Joyce!
Ms. Joyce Meyers: I really can't take all the credit. Arva Parks and Dade
Heritage Trust...
Mr. Plummer: No, she badgered me something unreal!
Mayor Ferre: Let's hear it for Arva Parks and Dade Heritage!
f 63. GRANT REQUEST MADE BY THE CARVER FAMILY Y.M.C.A. FOR THE
CITY OF MIA.`1I LIFE MEMBERSHIP.
Mayor Ferre: Are the people from Carver Y.M.C.A. here? All right, that is a
scheduled item, so we will take you up.
Mr. Dawkins: 21,too is scheduled, isn't it?
Mayor Ferre: All right, you are recognized. Item 26, go ahead.
Ms. Delois Baskin: Mayor Ferre, Commissioners, my name is Delois Baskin. I
am a board member of the Carver Branch of the Y.M.C.A., which is located at
5570 N. W. 15th Avenue located in the City of Miami.
Mr. Plummer: That's Carver?
Ms. Baskin: Carver family branch Y.M.C.A., yes.
Mayor Ferre: Go ahead.
Ms. Baskin: The branch was founded in 1919 and became the Carver Family
Branch of the Y.M.C.A. in 1976. It services a clientele of the total family,
male and female, ages two and one-half to senior citizens in the City of Miami
and Coconut Grove. The average number served is 492 persons daily, 2500 dif-
ferent people. Service programs that we address are diversified programs
in the broad area of child care, physical education, family life, youth develop-
ment, neighborhood development. Our general fund budget is $178,000, govern-
ment fund budget is $335,000. Our source of funding comes from membership
fees, contributions, the United Way, program fees and government grants. Some
of the programs that we do participate in, such as child care programs are day
care, after school programs, Saturday fun programs, a host of other programs,
which I think you are aware of from the various Y.M.C.A.'s. What I would like
to do today is propose that you approve a $1000 membership for the Carver Fam-
ily Branch Y.M.C.A. on behalf of the City of Miami.
Mayor Ferre: .htr. Manager, your recommendations?
Mr. Gary: Mr. Mayor, I have a conflict of interest, because I am on the Board
of Directors.
Mayor Ferre: You have got what?
Mr. Gary: I am on the Board of Directors.
Mr. Plummer: That speaks for itself.
Mayor Ferre: Well, then...
Mr. Gary: She just told me I got kicked off. I do recommend.
Mr. Plummer: I will move it.
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Call the roll.
ld 112 APR 22 1962
ld
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 82-355
A MOTION OF THE CITY COMMISSION GRANTING A REQUEST MADE BY
MS. DELOIS BASKIN, ON BEHALF OF THE CARVER FAMILY Y.M.C.A.,
FOR $1,000 LIFE MEMBERSHIP FROM THE CITY OF MIAMI.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice Mayor Joe Carollo
64. GRANT VARIOUS REQUESTS MADE BY MERCHANTS/PROPERTY OWNERS AND
THE COMMUNITY CRIME WATCH ORGANIZATION FOR LITTLE HAVANA IN
CONNECTION WITH DOMINO PARK.
Mayor Ferre: All right, we are now on the Little Havana item, and the Chair
will recognize Dr. Leonel Alonso to speak on this issue.
Dr. Leonel Alonso: Thank you.
Mayor Ferre: Dr. Alonso.
Dr. Alonso: I am Dr. Alonso. I live at 630 S. W. 19th Road. Mayor Ferre,
Commissioners Dawkins, Plummer and Perez, I am speaking on behalf of the
Association of Merchants and property owners of Little Havana and its Crime
Watch Committee of whom I am the president. Our association has approximately
800 members. We have many of the executive members of our organization here
today with us. As you know, Little Havana is located in the heart of the
Cuban community. From the historical and political point of view, Little
Havana symbolizes the struggle against Fidel Castro and communists. This
reason why Little Havana symbolizes against Fidel Castro is powerful enough
for the Cuban community to organize to defend Little Havana, of which we are
so proud. Little Havana also represents an economical power of great impor-
tance, but since the Mariel boatlift, we have faced serious problems in our
area. We had to assimilate a tremendous large number of people for which we
were not ready in such a short time. Unfortunately, among them, Mr. Castro
sent a small number of undesirables, but large enough to create serious prob-
lems for our community. Because crime has spread quickly, we had to organize
to protect our family, our business, our community. We went amidst to save
Little Havana ... we went amidst the tourists, the families, the children and
every citizen to be able to walk through our streets of Little Havana and
feel safe. We need security, so that our merchants can open their businesses
late without fear. It is our belief that the Domino Park has got a poor
influence in our area. It has projected a negative image of our community.
Presently, we are not proud of the Domino Park. On the contrary, we regret
its existence and we need regulations for this park to serve the needs of our
community. Since we are the people who live and work in the near area, we
know the exact feeling of our community. We realize that the situation
has improved considerably in the last four or five months, since the coopera-
tion of the Police Department of the City of Miami, our Crime Watch Committee,
and the community involvement. But, this association of merchants and property
owners of Little Havana feel that the situation cannot be resolved unless
regulations concerning this park be put into effect. In order to solve the
problems that we are facing, we need to present for your consideration the
following: Number one, enforcement of vagrancy laws and other laws against
113
APR 22 19804
undesirables. Number two, Domino Park. a) Fence the park and regulate the
operating hours. b) Hire a supervisor for the purpose of directing and organi-
zing activities at the park. c) Registration of persons wishing to use the park.
d) Create an office of visitor information and tourist development at the park.
We want to thank the City of Miami police for their tremendous cooperation in
the last few months. The situation has improved tremendously because of their
help. Also, we want to thank the press of Miami - the newspaper, the radio,
the television for their help to our association, to our crime committee in
our fight against crime, and finally, we want to say to you, Mayor Ferre, and
City Commissioners, that we hope you will hear our voices, since we represent
the people that have their businesses and homes in Little Havana. Mayor Ferre
and City Commissioners, we hope that you will hear our voices, since we have
thousands of signatures from people from our community supporting our petition.
Mayor Ferre and City Commissioners, we hope that you will hear our voices, since
we are the people who pray in the church of Little Havana, buy in the businesses
of Little Havana, send our children to schools in Little Havana and live in
Little Havana. We are proud of Little Havana and want to keep it safe today
and tomoriow...for a safe Little Havana, for a better Miami, for a great future!
Thank you.
Mr. Wilfredo Gort: Mr. Mayor ... Good Afternoon, members of the Commission, my
name is Wilfredo Gort. I am the Executive Director of the Little Havana
Development Authority. We are one of the persons that work with the City of
Miami that built the Domino Park. Domino Park was created with the idea that
it would become a tourist attraction. Unfortunately, presently it is not used,
it is not being utilized that way. We are backing these merchants up; we are
working with them; we are a member of the committee. We think this that is
in front of you today is the condition that we can put to this park to
restrict it to the use it was created for, to create a tourist attraction of
the area. Thank you.
Mayor Ferre: All right, I think we can get right into the ... oh, I am sorry!
Ms. Iliana Ross: Mayor and Commissioners, my name is Iliana Ross. I am the
president of the Bilingual Private School Association, and on behalf of the
educators in the area, I would like to point out that crime in our community
affects the every day life of our school system as well. The concerns of our
community do not disappear once the classroom door is shut. Juvenile delin-
quency is a real problem. Drug use and drug abuse are real problems. Truancy
is a real problem. Efforts must be made by the Police Department, in coopera-
tion with the school system to get the children who are truants back to school.
Children who skip out of class pose a danger to the community as well as do
not receive the proper education to which they are entitled. If the dropout
issue is met head on and if efforts are made to control the availability of
drugs in our schools, and if the amount of truancy can be brought down, then we
can get back to the real issue of education instead of worrying about crime in
our schools. Thank you.
_ Dr. Miriam Alonso: I am Dr. Miriam Alonso. I represent the neighbors of the
Shenendoah area and the road and I want to say that the Domino Park has really
become a detriment to our society. It is very dangerous to work around and
to walk around that area. It is very difficult for a woman to do any shopping
in that neighborhood. You do not feel safe at all to do any walking in that
area. It is difficult for the family to be around that area and I think that
we support highly the petition of the merchants and property owners of the
area, which they have come to put some regulations at this time, and it should
be on a trial basis and if it doesn't work, perhaps the next step should be to
close the Domino Park.
Mr. Alino Gonzalez: My name is Alino Gonzalez, and I live at 2725 S. W. 6th
Street. Mayor Ferre and Commissioners of the City of Miami, I am speaking in
behalf of the Merchants and Property Owners Association for Little Havana, of
which I am the secretary, and I want to express to you that we have already
several thousand signatures in support of our petitions and we expect to get
more than 10,000 signatures. At that time, we will get back with you on this,
the papers with all the signatures. Thank you.
Mayor Ferre: All right, I see that Mr. Evaristo Marina, who is the president
of the Little Havana C. D. district is here, and if you have anything to add,
we always welcome your words.
ld 1y4 A F R 22 1982
Mr. Evaristo Marina: Thank you. Mr. Mayor, Commissioners, thank you for the
recognition, because I am the chairman of Little Havana elected by the people.
Of course, I am not against what these gentlemen and the lady, Mrs. Alonso are
doing here. I think what they are doing is something that is in favor of our
society. They are thinking in a positive way to save Little Havana, and I
support, all the things that they have been telling here.- (if course, I am not the
kind of person, that when somebody tells me something,,I will do exactly what
they say. I am a person of opinions too, because 1 think I represent the peo-
ple of Little Havana, elected by the people of Little Havana. I represent the
merchants and I represent also the rest of the people. I am in favor of what
they are asking, but I think that this is a good time to tell the people, not
only of Little Havana, also the people of the City of Miami, the people of Dade
County, that many of the problems that we have in the community, and of our
problems in Little Havana, are problems also in Dade County. When they talk
about the problem of criminality, and they talk about the problem of drugs,
I can tell you as an educator that the problem of criminality and drugs are
not only in.Little Havana and the solution is not only to come in front of the
City of Miami Commission to look for the solution to the problem. If we want
to find the solution of the problem, we have to go to the roots of the problem,
and the roots of the problem is the family. We have to start a program of edu-
cation, not at the expense of the City of Miami's budget, because it is not
necessary to go to the City of Miami budget. I don't want to fill the City
Manager's job of looking for more money, but I think that it is a good idea
what they have, but I think at the same time that we are meeting in Little
Havana Community Center every month, in which I would like to see more people
attending those meetings. It is the time to start working block by block by
phone and starting the people who live in the blocks that decide to start
committees to fight crime in the same place where your crime is. Many of the
problems that we have is because of a broken home. Many of the problems that
we have is because the parents do not take care as they are supposed to do
for their children, and the parents that we have in the school, they come be-
cause the people expect too much from the schools, and the people expect too
much from government. I think that this is the time for the people to start
thinking that they have to see themselves first and if they see themselves
first, is when they will be in the position to try to find the solution to
the problem, so what I will recommend is honest support of what they are bring-
ing here. But, I recommend also to start meeting in Little Havana, that they
can belong in Allapattah, they can belong in Wynwood, and any place in the
County also, and in those meetings, to work with the people of the blocks
to find what the problems are in the blocks, and you will see...you will be
serprised very soon that after the decent people react, the ones who are not
decent, they will fade away, believe me. Because, the solution is not, as
I told to the Miami Herald the other day, the solution is not building more
jails, the solution is having less criminals. We have to start a program, not
at the expense of the City of Miami. The citizens have to contribute them-
selves. We have to start a program, block by block, so we can clean the City
of Miami. We can do it, and we can do it together! Thank you.
Mayor Ferre: All right. I am going to recognize Commissioner Demetrio Perez
and then Mr. Manager, we need to react on these items. One is the enforcement
of vagrancy laws and secondly, the question of Domino Park. I subscribe to
all of these recommendations that are here before us, provided they are legal.
We did order a fence to be built there.
Mr. Gary: Mr. Mayor, if you will recall, this City Commission, at your direc-
tion, worked with the people in this area, and we were prepared to put up a
fence, and then we were told later on, "Don't put the fence up".
Mayor Ferre: Who said that?
Mr. Gary: The neighborhood. We started the fence to go around the area...
Mayor Ferre: That wasn't the resolution from the City Co=ission?
Mr. Gary; Did you...
Mr. Gort: No, unfortunately, what took place, we were working with the City
Manager; we were working with the Parks Department, trying to get all this
done ... what took place, lot of the people that utilized and misused the park,
showed up in here and the number...about fifty or sixty, and they told that
thev didn't want this fence around. These were people that were brought out
15
ld
APR 22 1982
by buses and all that. They were not the residents and businessmen that we
have here today. That is why it was held at that time.
Mayor Ferre: Let me just express my personal opinion. I think this problem
has gotten way out of hand, and that the purpose of that park is for the proper
use by decent citizens, and not by indecent citizens. I think we need to
1) Put a fence around it. That is my personal opinion. 2) I think you have
to have a person there full time to make sure, and that person has to have a
walkie-talkie so that he can communicate with the Police Department should
they need police help. 3) We do...I don't think we need a police officer as
long as you have a public aide with a walkie-talkie that can call in a police
officer at any time. I think you also need to have, Mr. Manager, a restricted
use of the park. There is precedent for that. We have a golf course. Not
every citizen can just go out and get on the golf course and play. We have
tennis courts. You have to have usage of the tennis courts. Any citizen can
play golf. Any citizen can go play tennis, but there are rules and regulations
as to who is -permitted to use the shuffleboard, the tennis courts, the golf
course. Now, I see reason, for example, why we cannot have a registration
of users. Now, you can indiscriminately deny somebody the right to use the
park, but I think you can register them, and I think you can identify them in
the same way, that for example, when you go into a museum in New York, they
give you a little button or something, that would identify, and then I think
it might be simpler to identify people that are vagrants, that are not regis-
tered to use the park. Now, I realize that there are some legal limitations
on that, but within the law we have to work out a program. Now, I think
that is the least we can do for this neighborhood.
Mr. Gary: We agree, Mr. Mayor. We will do that right away. In terms of
the vagrancy laws, we have been enforcing and we will continue through the
Police Department. Item a), we will begin putting the fence up and regula-
ting the hours - do you want to speak to that? We have no problems with
that either.
Mr. Plummer: Close it at what? Sundown?
Mr. Gary: Sundown.
Mr. Plummer: 6:00 o'clock?
Mayor Ferre: I think that there has to be a reasonable limitation.
Mr. Plummer: 6:00 o'clock.
Mayor Ferre: I have no problems with that, for example, on weekends - Fri-
days, Saturdays and Sundays, it being used until 7:00, 8:00, 9:00 o'clock at
night, but that is it. And during weekdays, I think a reasonable time. I
don't know what that would be. During the summer it is about 8:00 o'clock,
sundown is about 8.00 o'clock.
Mr. Plummer: Well, it changes Sunday.
Mr. Gary: What I would suggest in terms of bringing about some kind of con-
sistency in terms of people realizing what we are trying to do is that we
set up a consistent closing hour of 6:00 o'clock everyday, sundown.
Mr. Plummer: Why don't you make it 10:00 o'clock A.M. to 6:00 P.M.? And
that is one eight hour shift.
Mr. Gary: Let's try that, Mr. Mayor. We will come back with a report as to
how it is working.
Mr. Perez: Did you mention, Mayor, the appointment of the director there?
Mayor Ferre: Yes, director.
Mr. Perez: Let me...
Dr. Leone! Alonzo: We were thinking to su¢_epst to you, if it is possible to open
the Domino Park from 11:00 o'clock to 6:00 o'clock.
ld
J1�
APR 221900
ic
Mr. Plummer: Well, we said 10:00 o'clock to 6:00 o'clock, which is an eight
hour shift, which normal people work.
Dr. Alonzo: It is okay.
Mayor Ferre: 11:00 to 7:00 o'clock would be better.
Mr. Plummer: 11;00 to 7:00 o'clock? Fine. Sunday you are going to get an
extra hour of daylight, so there is no problem.
Mayor Ferre: I think 11:00 to 7:00 o'clock is better, because nobody is going
to be there at 10:00 o'clock in the morning.
Mr. Plummer: Have you been by there at 8:30 in the morning? I want to tell
you something - you don't want to stop.
Mr. Perez: -Mr. Mayor, don't you think it would be possible to assign a police
officer for the next, for the next ninety days, because I think that what they
are requesting is on a strong position against crime. I would like to recognize,
to commend the effort of this association. They have about 800 members and I
was a witness of the effort of these people. The other day I requested from
the City Attorney's office and Mr. Percy gave me a report about all the rules
against all the undesirable people in the City of Miami. We have about 15
different rules here and the only thing, Mr. Manager, I think you have to
know the way to enforce. We already approved today the integration of the
code enforcement board. I think that would be an important step for the en-
forcement of these rules, and we have about fifteen rules that I would like to
request that be printed in a handbook in order to be able to give ther
to all the police officers, I think that would be important, because we call this
problem of Little Kavana a community problem, it would be important to have the
handbook.
Mayor Ferre: I think that makes a lot of sense. It is a very good recommendation.
What he is saying is, with regards to these existing laws, is to post them, and
post them on the wall, and also have some pamphlets printed up, in Spanish and in
English, so that they are available to members of the community who are going to
be using that facility and to the police officers that will be policing it.
Mr. Plummer: Mr. Mayor, I think one of the things that we need to do to
strengthen what Demetrio has just said, is I think, Mr. Manager, you need to
send a message to the Police Chief that we are not interested in running them
off from Domino Park, because if you do, you are merely going to create the
problem down at 12th Avenue or 17th Avenue, that in enforcing these laws, they
need to be enforced to the extent of fullest. Do you understand? You have a
puzzled look on your face.
Mr. Gary: I am not puzzled. I fully understand.
Mr. Dawkins: Mr. Mayor, I would like to say that....
Mayor Ferre: Yes, sir?
Mr. Dawkins: .... it is when citizens like this come before us, that it gives us
the chance to assist you. As Commissioners, we are as concerned as you are. I
share your concerns in that I too, live in a community where crime is rampant.
I apologize for not coming to help you when you asked, but I sent my son, and he
has kept me abreast of what is happening. I pledge my support, and I will work
with Commissioner Perez in any way that he needs me to get out there to give
him a hand in -getting it done, but if it takes two-thirds of the Police Depart-
ment to clean up Little Havana, then we can put the necessary law enforcement
officers there to continue. but as Mr. Plummer says, the primary purpose is
cleaning it up, and there is no sense in driving them from Little Havana to
Flagami, to downtown, or to Liberty City. And, I don't know where we are going
to house them, because the judges do not want you to put them in jail, so I
really don't know what the solution is, but we will clean it up, now. because
when you come as taxpayers, and demand the services that your tax dollars de-
serve, and we will see that you get it, so this Commission pledges its support
in cleaning up Little Havana and once we clean up Little Havana as the other
gentlemen said, we could move to another area, clean that one up, move to
another area, but we cannot do a whole city at one time. Now, let's don't be
idiotic. But, if we start with citizens like you who are concerned, we clean
up this area, then we can move to another one, and eventually we will have a
safe Miami that we will all be proud of.
117
APR 2 2 1982
id
Mayor Ferre: I am hoping, Commissioner, that we are also going to get some
relief from the Federal Government. You know, we have asked —of the 1,000
prisoners in Dade County, 410 Mariel refugees who are apprehended for different
crimes. The average number of arrests, serious arrests, for felonies of those
410, is 3 per year. There are criminals in those jails that have been arrested
10 times in one year. Unbelievable! Now, we are asking the Federal Government
to take jurisdiction over those people, and if they take jurisdiction, then we
will have an additional 400 spaces in the jail, and so it won't be that diffi-
cult to... the problem is that we have, is that our jails are over crowded.
Secondly, Dade County, because of the action of the legislature, including
Commissioner Plummer's brother, Larry, who worked diligently to get us some
additional money. Because of the additional sales tax, we are now going to
building some additional jails, so we will have, hopefully in the future,
additional space, so that we can apprehend and jail criminals. Now, I think
w(! need to formalize this, Mr. Manager, in a motion of sapport of the petitions
that have been presented here with the amendments that have been added, such as
Commissioner Perez' recommendation of printing these ordinances and maybe mak-
ing a smal'1 pamphlet in Spanish and in English and having it available to
members of the police. Perhaps for the next ninety days, as Perez pointed
out, a full time officer for the eight hours and coming up with other systems
to try to control the usage of that park. Now, will somebody make a motion
to that extent?
Mr. Perez: Yes.
Mavor Ferre: Demetrio Perez moves. Is there a second?
Mr. Plummer: Sure. I would happily second it, only with the proviso that
Doctor will come back on the 13th of May and tell us how this is progressing.
Dr. Alonzo: Definitely.
Mayor Ferre: Alright, now we have a motion and a second. Is there anything
else that needs to be said today? If not, call the roll.
The following motion was introduced by Commissioner Perez, who moved its
adoption:
MOTION NO. 82-356
A MOTION OF THE CITY C=4ISSION GRANTING A REQUEST MADE BY
DR. ALONSO, WHO SPOKE ON BEHALF OF THE MERCHANTS AND PROPERTY
OWNERS OF THE LITTLE HAVANA AREA AND THE COMMU:3ITY CRIME WATCH
ORGANIZATION, BY INSTRUCTING THE CITY ADMINISTRATION TO DO THE
FOLLOWING:
1. THAT A FENCE BE IMMEDIATELY PLACED ALL AROUND "DOMINO
PARK".
2. THAT A FULL-TIME INDIVIDUAL, PROBABLY A PUBLIC AIDE, BE
ASSIGNED TO DOMINO PARK EQUIPPED WITH A WALKIE-TALKIE IN
ORDER THAT HEMAY BE ABLE TO ESTABLISH QUICK CONTACT WITH
THE POLICE IF NEED BE;
3. THAT THE CITY MANAGER DEVISE A PROGRAM WHICH, IN A LEGAL
WAY, WOULD RESTRICT USE OF DOMINO PARK AS WELL AS THE
HOURS OF OPERATION OF SAME, BY INSTITUTING, FOR INSTANCE,
A REGISTRATION PROCESS WHEREBY USERS OF THE PARK COULD BE
IDENTIFIED AND WHICH WOULD ALLOW THE POLICE OFFICERS TO
BETTER ENFORCE VAGRANCY LAWS;
4. THAT THE PRESENT LAWS AND REGULATIONS WHICH EXIST IN CON-
NECTION WITH THE OPERATION OF THE PARK BE PRINTED, BOTH
IN ENGLISH AND SPANISH, AND PASTED ON THE WALL, AND THAT
PAMPHLETS BE PREPARED FOR DISTRIBUTIONS TO MEMBERS OF
THE COMMUNITY AND TO POLICE OFFICERS;
5. THAT AN INDIVIDUAL BE HIRED AS A SUPERVISOR FOR THE PUR-
POSE OF DIRECTING AND ORGANIZING ACTIVITIES AT THE PARK;
6. THAT AN OFFICE OF VISITORS' INFORMATION AND TOURIST
DEVELOPMENT BE CREATED AT THE PARK;
7. FURTHER REQUESTING THE CHIEF OF POLICE TO FULLY ENFORCE
VAGRANCY LAWS RATHER THAN THE RUNNING OFF OF LT'DESIRABLES,
SINCE THAT WOULD MERELY SHIFT THE PROBLEM TO ANOTHER AREA
OF OUR CITY; and
8. FINALLY INSTRUCTING THE CITY MANAGER TO COME BACK TO THE
CITY COMMISSION ON M.AY llth TO INFORM THE CO10!ISSIAPGGR'n 2 1982
TO DEGREE OF PROCESS ON THIS ISSUE; I111
1.18
0.
P
id
PROVIDED ALL THE HEREINABOVE REQUESTS CAN BE IMPLEMENTED IN A
LEGAL WAY.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice Mayor Joe Carollo
AFTER ROLL CALL:
Dr. Alonzo: We are very proud of you. Thank you very much.
65. BRIEF DISCUSSION ON RESIGNATION LETTER RECEIVED FROM ARMANDO
CODINA, OF THE CITY OF MIAMI/JAMES L. KNIGHT INTERNATIONAL
CONVENTION CENTER ADVISORY COMMITTEE.
Mayor Ferre: Mr. Manager, and to the Clerk for the record, I have a letter
here from Mr. Armando Codina resigning from the board of the James L. Knight
Advisory Committee. "Due to other commitments that I have recently undertaken,
I think it would best for the the Center if I resigned. I hope that I have the
opportunity to serve the City in another capacity at a later date. Yours truly,
Armando Codina". We now have an additional vacancy, so would you, when you
schedule the appointment of somebody, that you also schedule the appointment
of that opening.
66. CHANGE CITY COMMISSION MEETING DATES FROM MAY 13TH TO MAY Ilth
AND FROM JUNE loth TO JUNE 17th.
Mayor Ferre: The last thing that I have as a pocket item is the request that
we change two meeting dates. One is from May 13th to May llth for the May
meeting, and from June loth to June 17th.
Mr. Plummer: So moved.
Mr. Dawkins: Second.
Mayor Ferre: There is a motion and a second. Any problem?
Mr. Gary: With the condition that we still can deliver the items on Friday
evening.
Mayor Ferre: Sure. I think that should be stipulated because I think other-
wise you get into a time crunch. Is that all right with you? Okay. Further
discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 82-357
A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION MEETING
OF MAY 13, 1982 TO TAKE PLACE ON MAY ll, 198: AT 9:00 A.M.;
FURTHER RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF
JUKE 10, 1982 TO TAKE PLACE ON JUNE 17, 1982, AT 9:00 A.M.
(Here follows body of resolution, omitted here and on file
on the Office of the City Clerk).
119 APR 22 1982
Upon being seconded by Commissioner Dawkins, t resolution was passed and
adopted by the fol f"Iliing 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
67. BRIEF DISCUSSION ITEM: IN CONNECTION WITH REQUEST FOR FUNDS BY
THE INTER-AMERICAN CHAMBER OF CO D ERCE FOR THE LITTLE HAVANA
AREA.
Mayor Ferre: We now have the Inter-t:.nerica►: Chamber, and 1 would like to
recognize the president of the Chamber, Mr. Renaldo Cruz.
Mr. Perez: Mr. Blanco.
Mayor Ferre: Mr. Blanco will speak for the request.
Mr. Octavo Blanco: Well, Mr. Mayor, we will give you a package today, really
what they want, and we haven't been able to communicate with Mr. Jim Reid.
He promised me today that we will meet to-
morrow at 10:00 o'clock and the only part that we was talking today, is where
are we going to get the money? That is the problem that we are telling him
and we are telling you, you people will have to see where can we find that
money?
Mayor Ferre: Mr. Manager, I think this speaks to the point that when we got
the relief funds from Washington for the Liberty City aftermath, there were
target areas and there are certain parts of town that have been impacted,
that are not able to apply for those funds. Now, I think what the merchants
and what the business community and the Chamber of Commerce are requesting
is that we find a...set aside a million dollars in which we can treat impacted
economic areas in Little Havana and in the Cuban community, so that perhaps
they toe, will have the ovoortunity to do the same thing that the merchants
are doing in the Liberty City area.
Mr. Flurmer: Let me ask you a question, Mr. Mayor, because maybe somewhere
I have lost something. Miami Capital has $2,500,000. is my understanding.
Now, why would we want to duplicate what they already have and in what they
are already doing? I don't understand. Mr. Reid?
Mr. Jim Reid: Miami Capital has two sources of money. They have a direct
that is funded by the Federal Government, and with monies from
E.D.A. and H.U.D. It is restricted geographically to the areas affected
by the 1980 riots.
Mr. Plummer: I understand that.
Mr. Reid: Now, the second thing that Miami Capital has done, is act as a
packager of loans that are guaranteed by the Small Business Administration,
and they have packaged some $7,000,000 of those type of loans in twenty-
seven Latin businessmen have benefited. but those are normal commercial rates.
whereas the E.D.A. loan program is at 8% working capital. So, what these
gentlemen are seeking is in effect, a direct subsidized loan program,.
Mr. Plummer: Well where are we going to get the millon dollars from?
Mr. Blanco: I think we can find it, Mr. Plummer, if your Administration de-
cided to do so.
Mr. Dawkins: Where will we get a million dollars from for Coconut Grove?
Mr. Plummer: In Spanish, is that not called "gage"?
120
'4
APR 22 1982
Mr. Gary: I have �: everybody expert in Administration in financing.
Mr. Plummer: Well, I am glad to hear that!
Mr. Gary: Yes. Mr. Mayor, what I would suggest is let me sit down with my
staff and see if we cannot find an alternative, and come back to you.
Mayor Ferre: I think what Mr. Blanco said is true and Mr. Reid has had a lot
of other things to say "grace" over, and he has been very busy, but I think
it is a question of really sitting down and defining exactly what the needs
are and what the direction should be.
Mr. Plummer: Well, you know, I love you dearly, but, Mr. Mayor, how do you
say yes" to Little Havana, but "no" to Flagami. You know the minute this
thing....
Mayor Ferre:. I don't think it will be limited. It is not limited to...
Mr. Plumme.r:....passes, it has got to be open to the entire City.
Mr. Blanco: Commissioner, wait a minute. It doesn't have to be to the whole
City of Miami. The same way it was created for Liberty City, you have to
realize that Little Havana has been damaged by these people from the Mariel
more than any place in the whole City of Miami.
Mr. Plummer: I understand that.
Mr. Blanco: Those people who are there are suffering....
Mr. Plummer: Blanco, I understand that.
Mr. Blanco:.... because people don't want to go there. I know, what you
are saying that Flagami has been....
Mr. Gary: Mr. Mayor...
Mayor Ferre: Excuse me. All right....
Mr. Blanco:.... affected like it has been affected in Little Havana by the
Mariel people.
Mayor Ferre: The Governor of the State of Florida....
Mr. Plummer: Is going to advance money.
Mayor Ferre: Steve Clark and myself wrote a letter to the President request-
ing $33,000,000 of impact funds. Now, I realize that those monies are ear-
marked for very specific purposes, but perhaps we might be able to get out
of those $33,000,000, a $1,000,000 revolving fund to be utilized in the im-
pacted area of the Mariel refugees in the same way that we received help in
Liberty City, and I think the way to do that is to formalize it in a petition,
and ask the Governor to support us and the County, and then when Admiral
Murphy comes down here, or when the next time we have an opportunity to talk
to the task force, that we present that as a specific petition. That is one
place that we can start, and there might be others. What?
Mr. Plummer: I have no problem with that at all.
Mayor Ferre: We can't define where the money is coming from, but I think we
have got to make an attempt in identifying it, and I think what the Manager
is saying, is that we take this...
Mr. Plu:amer: You going to bring that up?
Mr. Wilfredo Gort: Mr. Mayor, Wilfredo Gort with Little Havana Development
Authority. I just want to make a statement that everytime we have needed
help, your staff here has been very competent. They have helped us quite a
bit, both the City Manager and Jim Reid; they have always been very helpful,
I am sure they understand what their problem is. We have had for the last
two years, sales in the businesses nearly have dropped more than 50% in many
places. This is more merchants that need these funds to survive and they
Id 121
APR 2 2 1982
can't go through the regular channels. I know thatyou have got a very com-
petent staff. They have always helped us in the past, and I know they will
find another way to help us. They have always been doing it. We are very
grateful to them.
Mayor Ferre: Will you schedule this for discussion then at the next appropriate
meeting when you are ready to discuss it, but soon?
Mr. Gary: Yes, and we do have a meeting with them tomorrow.
Mayor Ferre: All right, anything else?
68. INCREASE APPROPRIATIONS FOR THE MAYOR'S OFFICE FOR INCREASE
OF ONE MEMBER TO THE STAFF.
Mr. Plummer: Yes, Mr. Mayor, I have a pocket item. I would like to increase
the appropriation of the Mayor's office for staff by $12,000 to incorporate
a very important personality into his office.
Mr. Dawkins: I second the motion, and with some reservations.
Mayor Ferre: There is a motion and a second. Further discussion? Call
the roll.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 82-358
A MOTION INCREASING THE APPROPRIATION OF THE MAYOR'S OFFICE BY
71%'ELVE THOUSAND ($12,000) DOLLARS TO PERMIT THE ADDITION OF A
NEW ME.KBER TO HIS OFFICE UNTIL THE END OF THE PRESENT CALENDAR
YEAR.
Upon being seconded by Commissioner DAwkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice Mayor Joe Carollo
ADJOURNMENT
There being no further business to come before the City Commission, on
motion duly made and seconded, the meeting was adjourned at 6:40 P.M.
ATTEST: MATTY HIRAI
Assistant City Clerk
'22
MAURICE A. FERRE
Mayor
CV- y �P 1% AMI
ITEM NO
DOCUMENT IDENTIFICATION
URGING GOVERNOR OF THE STATE OF FLORIDA AMENDMENT TO
ONE PER CENT SALES TAX LEGISLATION
CITY COMMISSION OBJECTS TO DEPORTATION OF CLARA
NUNEZ, WHO HAD REACHED THE U.S. AS A STOWAWAY.
CABLE TO PRESIDENT RONALD REAGAN URGING
RESOLUTION OF KROME AVENUE SITUATION.
ACCEPT BID OF SUNSET ENTERPRISES,INC. FOR "MARINE
STADIUM BOAT RAMPS REPAIRS 1982" IN THE PROPOSED
AMOUNT OF $17,200.00.
AMEND WATSON ISLAND DEVELOPMENT ORDER (APPROVED
BY R-80-525 OF JULY 10, 1980).
RESCIND R-82-183 PASSED ON 2/25/82 APPOINTING SIX
ENVIROMENTAL PRESERVATION REVIEW BOARD MEMBERS;
KEEPING T140 NEW MEMBERS (MEETING CODE CRITERIA) AND
APPOINTING FOUR NEW MEMBERS.
APPLICATION BY CORAL GATE TWIN VILLAGE INC. FOR A
ONE YEAR EXTENSION OF CONDITIONAL USE TO PERMIT A
DEVELOPMENT OF A P.U.N. AT 3400 S.W. 16TH
TERRACE.
APPLICATION BY UNION MANAGEMENT GROUP SERVICE
INC. FOR ONE YEAR EXTENTION OF VARIANCES
ON LOT COVERAGE NO. AND S0, SIDE YARD SET
BACK AT 1852 NO. BAYSHORE DRIVE.
DEFER OF APPEAL BY PROPERTY OWNERS WITHIN 375 FEET
OF THE SUBJECT PROPERTY OF ZONING BOARDS GRANTING OF
CONDITIONAL USE TO PERMIT OPEN PARKING LOT AT
INTERSECTIONS OF S.W. 32ND AVENUE AND 7TH
STREET AS AN ACCESSORY TO KOKLAS AUTOMOTIVE, INC.
ORANGE BOWN AND MARINE STADIUM -AUTHORIZE MANAGER
TO ENGAGE APPRAISER TO -DETERMINE FAIR MARKET VALUE
OF PROPERTIES.
CITY MANAGER'S AUTHORIZATION OF DANMARK, INC. TO
COMPLETE THE EMERGENCY WAGNER CREEK OIL REMOVAL
AT A COST OF $7,291.23
ACCEPT BID FROM BETTER CONSTRUCTION INC. FOR
"JOSE MARTI" RIVERFRONT PARK $1,910,934.00.
EXPENDITURE OF FUNDS FOR CONSTRUCTION MANAGEMENT
SERVICE AGREEMENT FOR CONVENTION CENTER ON A MONTH
TO MONTH BASIS.
MEETING DATE: I
APRIL 22, 1982
coMMissior
ACTION
R-82-331
R-82-333-A
R-82-333-B
R-82-337
R=82-339
R-82-340
R-82-342
R-82-343
R-82-344
R-82-346
R-82-348
R-82-349
R-82-350
RETRIEVAL
CODE NO.
82-331
82-333-A
82-333-B
82-337
82- 339
82-340
82-342
82-343
82-344
82-346 '
82-348
82-349
82-350
DOCUI EN To
I DEX
kjn
PAGE # 2
ITDI NO. DOCUMENT IDENTIFICATION GUMM1551UN KLIKILVAL
ACTION QDF NO.
RELOCATION AND EXPANSION OF CHRISTIAN HOSPITAL.
DIRECT CITY MANAGER TO PROCEED WITH THE APPLICATION
FOR AN URBAN DEVELOPMENT ACTION GRANT IN CONNECTION
THEREWITH. R-82-353 82-353
CHANGE CITY COMMISSION MEETING DATES FROM MAY 13TH
TO MAY 11TH AND FROM JUNE LOTH TO JUNE 17TH. R-82-357 82-357