HomeMy WebLinkAboutCC 1982-03-25 Minutesif.
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OF MEETING HELD ON
March 25, 1982
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G. ONGIE
CITY CLERK
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(P & Z) SIB U MARCH 25, 1982 I rOLUTIE l0, ,PACENOOL.UTION
MISCELLANEOUS DISCUSSION ITEMS: REQUEST PRESENCE OF
POLICE CHIEF; REQUEST DEFERRAL OF ITEMS 22 & 23
OF MARINE STADIUM BOAT RENTALS.
REQUEST DEFERRAL OF ITEM 11 AT THE REQUEST OF THE
ADMINISTRATION (SEE LATER ITEM #4)
REQUEST PLAQUES BE PREPARED FOR SEVERAL INDIVIDUALS
IN RECOGNITION OF THEIR CIVIC EFFORTS -
REQUEST PRESS CONFERENCE DURING APRIL.
DEFER CONSIDERATION OF ACCEPTING THE PLAT ENTITLED
"PODSAID SUBIDVIONS" AT THE REQUEST OF THE
ADMINISTRATION
APPLICATION BY CENTRAL BANK AND IRVONA PROPERTIES
TO CHANGE ZONING CLASSIFICATION OF APPROXIMATELY
2661-2665 SOUTH BAYSHORE DRIVE FROM R-4 TO R-C
ESTABLISH AMENDED RULES FOR ATTENDANCE OF MEMBERS
OF THE ZONING BOARD AND PLANK LNG ADVISORY BOARD AND
OTHER BOARDS.
FURTHER CONSIDERATION OF AN AMENDMENT TO 6871,
ARTICLE XV-I-CBD-2 DISTRICT -SUBSECTION (8)
HISTORIC PRESERVATION.
APPLICATION BY BEBER, SILVERSTEIN, ET. AL. & THE
OPERA GUILD OF GREATER MIAMI TO CHANGE ZONING AT
APPROXIMATELY 1187-1193 S.W. 22 TERRACE FROM R-2
TO R-C
PLAT ACCEPTANCE-IZQUIERDO SUBDIVISION
PLAT ACCEPTANCE-A.C. SUBDIVISION
PLAT ACCEPTANCE-B.W.R. ASSOCIATES TRACT.
DENIAL OF APPLICATION BY BEBER, SILVERSTEIN, ET. AL.
& THE OPERA GUILD OF GREATER MIAMI TO CHANGE ZONING
AT APPROXIMATELY 1187-1193 S.W. 22ND TERRACE FROM
R-2 TO R-C.
GRANT REQUEST BY CENTRAL BANK AND IRVONA PROPERTIES
TO CHANGE ZONING CLASSIFICATION OF APPROXIMATELY
2661-2665 SOUTH BAYSHORE DRIVE FROM R-4 TO R-C.
DISCUSSION OF CANCELLATION OF CONTRACT WITH SOUTH
FLORIDA POLICE PRODUCTS, INC. (UNIFORMS FOR POLICE
DEPARTMENT)
REDESIGNATE N.W. 2 AVENUE BETWEEN N.W. 29 6 36 STS.
AS N.W. 2ND AVENI;E/EUGENIO MARIA DE HOSTOS
BOULEVARD.
REDESIGNATE N.W. 20 STREET BETWEEN N.W. 8 AND
27 AVENUES AS N.W. 29 STREET/BOULEVARD OF THE
AMERICAS
I DISCUSSION
I DISCUSSION
I DISCUSSION
I DISCUSSION
! DISCUSSION
I M-82-268
I M-82-269
DISCUSSION
R-82-270
R-82-271
R-82-272
M-82-273
ORD. 9400
M-82-274
R-82-275
R-82-276
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2-3
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4-12
12-16
16-29
29-32
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41-55
56-57
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C1iY1COM11SSIffVmiAMI, FLDRiD4
(P & Z) S,ECT MARCH 25, 1982
CONSIDERATION OF AN AMENDMENT TO 6871, ARTICLE XV-1
CBD-2 DISTRICT, SUBSECTION (8) HISTORIC PRESERVATION
CHANGE ZONING•CLASSIFICATION OF 2150 CORAL WAY, ONE LOT
ONLY, FROM R-C TO C-2.
PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS
AUTHORIZE CITY MANAGER TO APPROVE THE ASSIGNMENT OF
BOAT RENTAL RIGHTS FROM MARINE STADIUM ENTERPRISES
INC. TO BISCAYNE BOAT RENTALS, INC.
DISCUSSION AND CONSIDERATION OF 6871, ARTICLE XI-2,
RESIDENTIAL OFFICE R-CB DISTRICT.
GRANT CHANGE OF ZONING APPLICATION BY SPANISH
INTERNATIONAL COMMUNICATIONS CORPORATION FOR
APPROXIMATELY 735-737 N.W. 26TH AVENUE AND
APPROXIMATELY 736 N.W. 25 COURT FROM R-2 TO C-2
LESS NORTH 5 FEET OF THE PROPERTY.
CONTINUE PLANNING DEPARTMENT APPLICATION OF HERITAGE
CONSERVATION INTERIM ZONING DISTRICT AT THE
REQUEST OF THE DEPARTMENT.
PLAT ACCEPTANCE-SEAROCK SUBDIVISION
PLAT ACCEPTANCE-SIMPSON ADDITION.
CONTINUE APPLICATION BY CORAL GATE TWIN VILLAGE,
INC. FOR A ONE-YEAR EXTENSION OF A CONDITIONAL USE
TO PERMIT A PUN.
GRANT APPLICATION BY DANIEL ARIAS FOR A ONE YEAR
EXTENSION OF A VARIANCE AT 1815 S.W. 3 AVENUE
AUTHORIZE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
LEITNER FRELICH FOR PROFESSIONAL SERVICES IN
CONNECTION WITH IMPACT FEES.
DISCUSSION OF AFFORDABLE RENTAL HOUSING DEVELOPMENT
PROGRAM AND APPRAISALS FOR 1200 W. FLAGLER STREET
AND 2300 N.W. 14th STREET- TEMPORARY DEFERRAL.
DISCUSSION OF BASE BUILDING LINES, DEDICATIONS
AND BONUS PROVISIONS PER CITY COMMISSION MOTION 82-249.
DISCUSSION OF PLANNING DEPARTMENT APPLICATIONS -
HERITAGE CONSERVATION,HC. ZONING DISTRICTS;
HERITAGE CONSERVATION BOARD -WITHDRAWN.
AMEND 6871, ARTICLE IV, SECTION 26 TO PEP -MIT
TRANSITIONAL USES FOR ANY LOT IN AN R-T DISTRICT.
CONTINUE HEARING OF PLANNING DEPARTMENT APPLICATION
ON HERITAGE CONSERVATION, HC FOR FURTHER STUDY.
DESIGNATE FIRMS OF BRADLEY PROPERTIES, INC. AND RELATED
HOUSING COMPANIES-CONSORT,LTD. AS QUALIFIED TO
PARTICIPATE IN PRODUCTION OF RENTAL HOUSING DEVELOP'NT
PROGRAM.
PAGE # 2
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SOLUT10y0. PAGE NO
ORD. -9382
FIRST READING
DISCUSSION
R-82-277
DISCUSSION
FIRST READING
DISCUSSION
R-82-278
R-82-279
I DISCUSSION
I R-82-280
R-82-281
1 DISCUSSION
1 DISCUSSION
1 DISCUSSION
FIRST READING
1 M-82-282
IR-82-283
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'INIX
Cl;'9-, STlQ'T MIAMI, GRIM PAGE # 3
SLUCT rINANCE
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OLUi'ION o�
AUTHORIZE CITY MANAGER TO SECURE APPRAISALS OF
.PROPERTIES LOCATED AT 1200 WEST FLAGLER STREET AND
2300 N.W. 14TH ST. R-82-284 91-93
PERSONAL APPEARANCE BY P.U.L.S.E. REPRESENTATIVES AND
OTHER CONCERNED CITIZENS REGARDING A LACK OF POLICE
PATROL AND PROTECTION IN THE BLACK COMMUNITY. DISCUSSION 93-110
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0 0
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 25th day of March , 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 , by Mayor Ferre with the
following members of the Commission found to be present.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
ALSO PRESENT WERE:
Howard V. Gary, City Manager
George F. Knox, City Attorney
Matty Hirai, Assistant City Clerk
ABSENT: Ra nh G. OneiP. Citv Clerk
An invocation was delivered by Miller J. Dawkins, who then led
those present in a pledge of allegiance to the flag.
1. MISCELLANEOUS DISCUSSION' ITT -*IS: REQUEST PRESEP'CE OF
PQC,a :E CHIEF; REQUEST DEFERRAL OF ITEI:S 22 & 23; I'A-1IN'E
STADIUM BOAT RENTALS.
Mayor Ferre: Good morning, this is a formal City of Miami Commission session
on Planning and Zoning. Mr. Manager, there are some questions that I have of
the Administration and the Police Chief with regards to the South Florida
Police Products and I would like for the Police Chief to be here and answer
those questions.
Mr. Gary: Ok, I'm sorry, I•Ir. Mayor, because this is a Zoning Meeting I didn't
know there was a need to have the Police Chief, but I can get him.
Mayor Ferre: Could he be here later on?
Mr. Gary: Yes, sir. Yes.
Mayor Ferre: Alright. Now, let me just say to the Commission that whenever
the Chief is available, then I would like to ask in between some of these
things some questions of the Police Chief on what I think is a very important
matter that is affecting this Community.
Mr. Dawkins: Mr. Mayor?
Mayor Ferre: Yes, sir.
Mr. Dawkins: I was looking at Item 22 and 23 and I see where they go back
to 1979 and I have not had a chance to study it. I would like to request that
22 and 23 be deferred until the next Zoning Meeting.
Mayor Ferre: Alright, but I will tell you what I would like to do Miller,
if it's alright with you and the other members of the Commission. Some of
these people come in from out of the City and they just wanted to make a
statement on the record, which is... I told them I didn't have any objections
to that. There are also some legal questions that if we put off until next
month is just going to put us behind. I don't think we are going to
conclude anything today on this issue, but I do think we have got to instruct
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our Law Department in a legal direction and if we don't do that we are going
to lose a very valuable month. So, I would like to respectfully request that
without coming to any conclusions other than an explanation of the legal
situation that we are in, that we just deal with the legal aspects of it. Is
that alright?
Mr. Dawkins: I would still rather defer the whole thing. Like you say it's...
I'm with the majority... if the rest of the Commission see fit... I just
don't understand it. I have not had time to study it and I don't understand
it.
Mayor Ferre: See, I would go along with you in this sense, that we will
not conclude anything today, but I do think that we ought to hear the testimony
so that we can better understand what the legal problem is. Now, Item 23 is...
oh, that's a related thing isn't it?
Mr. Dawkins_ Yes, they are both related.
Mayor Ferre: Alright. Now, there is another issue that we have of the people
with the Marina over here at the... I see the gentleman sitting here. Is
Mr. Hancock around? Or anybody that represents that group? Are you the
representative? With the boat rental. Alright, Mr. Knox, there seems to be
a problem, as I understand it on this boat rental thing out there at the
marina that seems to be in the Law Department. Is there anyway we can get
that thing resolved or expedited?
Mr. Knox: We will check and give you an answer in the next few minutes,
Mayor.
Mayor Ferre: Now, this has to do with the boat rental at the Marine Stadium
and it went from the Administration over to the Law Department and evidently,
you know, the people that are involved called me and told me that they have
a lot of equipment that is just sitting idle and they want to, you know, get
going with it and they are anxious to get going and there seems to be a
slow down of the process because... So, if you want to stick around may be
we will have an answer for you later on. Alright, is there any other item
to brought up on pocket items by members of the Commission.
Mr. Plummer: Mr. Mayor, only that I have to announce to you, sir, that I have
to leave these chambers tonight no later than 6. I would prefer it to be
earlier, but that is an absolute deadline.
Mayor Ferre: We have got a 5 O'Clock... Item 19 starts at 5 and I would
say that the people from Pulse who had problems with or have problems with
the deployment of personnel from the Police Department--- and I met with them
on Saturday last--- requested that they would... I asked them to come here
at 5:30 or... because I think that the forum for them to lodge their complaints
is here rather than Saint Johns Church. So, there were...
Mr. Plummer: Well, Mr. Mayor, I was unaware of that, but I have... I have
got a viewing Maurice, I can't...
Mayor Ferre: Yes, well, you know, if you got to leave at 6, you got to leave
at 6. They will be here at 5:30 and they will make a brief presentation at
that time and we will take it from there. Alright, is there anything else?
2. REQUEST DEFERRAL OF ITE:S 11 AT THE REQUEST OF THE
ADMINISTRATION. SEE LATER ITEM #4.
Mr. Percy: Mr. Mayor?
Mayor Ferre: Yes.
Mr. Percy: Item 11 on today's agenda, the Public Works Department and the
Law Department would like that item deferred. I believe you received a letter
on that.
02 MAR 2 5 1982
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Mayor Ferre: Alright, Item 11 is therefore deferred.
3. REQUEST PLAQUES BE PREPARED FOR SEVERAL INDIVIDUALS IN
RECOGNITIOII OF THEIR CIVIC EFFORTS; REQUEST PRESS CONFEREZICE
.; DURING APRIL.
Mayor Ferre: Now, Mr. Manager, the other thing that I wanted to bring out
was that the Kiwanians of Little Havana and the Tourist Authority and the
Development Authority really did a tremendous job with Calle Ocho and the
Carnival this year and I think it would be appropriate on April the 1st to
get them a... I would like to get them a plaque, rather than a normal
proclamation and you are talking about five people and I would just give it
to the five individuals that are representative of the rest. Willie Gort,
Captain Willie Alexander, Leslie Pantin, Jr., Frank Paredes, the President
of the Little Havana Kiwanis and I forget who the fifth person is. The names
are up in my office and... oh, yes, it's the Chairman of the Orange Bowl Latin
Festa Committee. It's a lady and I forget her name. But those five... and I
really think that what we ought to do and I would like to recommend that from
a public relations point of view that this Commission really doesn't formally
meet enough with the press and specifically the Latin press. So, what I would
like... and I think may be can do this as a yearly event, is perhaps... at a
place like Centro Vasco, invite members of the press so that we can make the
presentation and prehaps have a little press conference there. And I'm talking...
it shouldn't be limited to the Latin press, it should be everybody, but you
are going to have to make up a list. You know what will happen, most of it
will end up being in the Latin press anyway, but I think we should have an
invitation of... that represents the community as a whole and may be you
might want to invite the Managers of the respective radio stations and so on.
-- In other words, I think this is an opportunity to have a goodwill community
affair approach.
Mr. Gary: Mr. Mayor, would you like to have the ceremony at Centro Vasco
this April lst?
Mayor Ferre: I think that might be good. You know, if not in the first
meeting of April, then the second meeting. We may not have time enough to do...
get the plaques and all that. If not April 1st, then April 22nd, ok. I will
leave that at your discertion.
Mr. Gary: Ok, we give the plaques and the lunch at the same time at the
ceremony?
Mayor Ferre: The timing of it is at your discertion. Alright, anything else?
4. DEFER CONSIDERATIO0 OF ACCEPTING THE PLAT ENTITLED
"PODSAID SUBDIVISION" AT THE REQUEST OF THE ADISINISTRATICI4
Mr. Percy: Mr. Mayor, can I have a vote on that deferral of Item 11?
Mayor Ferre: Alright, is there a motion on the deferral of Item 11?
Mr. Carollo: Move.
Mayor Ferre: Is there a second? Is there anybody here who is opposed to
Item 11 being deferred? Now, are we going to have somebody coming in here
screaming on this in the afternoon.?
Mr. Percy: We don't expect that there will be any opposition to this. Micheal
Anderson is the attorney representing the applicant and we have tried to get
a hold of him, but as soon as he does arrive I'm sure he will be in accord
with. this.
03 MAIR 25 1982
Mayor Ferre: I mean, he has no objections to it being deferred?
Mr. Percy: The matter is being litigated and I'm sure that he would be in
accord.
Mayor Ferre: Further discussion, call the roll.
I THEREFORE THE FOREGOING MOTION TO DEFER AGENDA ITEM NO. 11
to the next commission meeting was introduced by Commissioner
Carollo, and seconded by Commissioner Dawkins, and was passed
and adopted by unanimous vote.
►:• 5. APPLIC.'�TION BY CENTRAL BANK & IRVONA PROPERTIES TO CHANGE
ZONING CLASSIFICATION OF APPROXItlATELY 2661-2665 S. BAYSHORE
DRIVE FROM R-4 TO R-C.
Mr. Whipple: Mr. Mayor and members of the Commission, Item #1 is up for
second reading. At the first reading and at a subsequent deferral it was
suggested that a covenant be proffered assuring the Commission of certain
things that has been discussed at that time. A covenant is here, signed,
been preliminary reviewed by the Law Department and does two things, three
things actually. It requires that the first hundred feet from Tigertail be
maintained in green landscaped open space with only a service drive for
deliveries through that green space. Those words are in the covenant. I
would just perhaps like to have on the record the understanding that we have
here that this service drive will not enter into the garage area at any time
and that in fact to be for the delivery type service and not people service.
Mayor Ferre: Alright, there is somebody here... Yes, sir.
Mr. Rick Zellman: Mr. Mayor and members of the City Commission, my name is
Rick Zellman and I'm an attorney with offices at 444 Brickell Avenue in the
City of Miami. This matter was before you in January for a first reading
wherein it passed. It was... the attorney for the applicant at that time
was Joyce Christie who couldn't be here today, so I told Joyce that I would
come down and speak with you as for the second reading. This item has been
before the Commission from time to time, I guess starting back in September
and we have had numerous conversations with the Planning staff and various
people in the City Attorney's Office on and off now for that length of time
regarding a covenant with regard to the rear... I guess it's the northern
most hundred feet of the parcel and there is no problem from the point of
view of the property owners applicants today to make that north hundred feet
a green space, a park like setting for the benefit of neighborhood or whoever.
Mayor Ferre: And the covenant has been profeered voluntarily and we are
all set? Right?
Mr. Zellman: Right, that's here.
Mr. Whipple: We need that delivered to our Law Department.
.Mr. Percy: We don't have an executed copy.
Mr. Zellman: Yes, well, I do have an executed copy. Well, I'm going to
prepare to work across the...
Mr. Percy: We don't have an executed copy.
Mr. Zellman: Yes, well I do have an executed copy. Well, I'm going to
prepare to walk across the hall here and just tender it. The last item that
has come up in the last sixty seconds as to this matter which I thought
was kind of resolved with staff at any rate has been with regard to ingress
and egress to Tigertail from the building site and just for the purposes of
information only, we all recognize it's not binding. I brought in some
tentative plans showing the potential location of a building on this site
and where a service type drive might be. Our concern is rather simple and
04 IAP.R 2 5 1982
I want to express it so there is no misunderstanding. I don't mean to take up
a lot of your time. We are talking about positioning the physical building on
the site somewhat to the center of the site. These will be the relationship
between Tigertail and Bayshore. .1 assume you have had an opportunity to look
at the site and you understand it runs from Bayshore all the way back to Tigertail.
As a result it makes a lot of economic sense and we thank traffic sense to have
a service type entrance from the Tigertail side for the... in case, as we
anticipate there will be restaurant facilities and possibly laundry facilities
in the sense that you are going to need purveyors and that type during business
hours to be bringing things in and I understand from Planning staff that, that
in concept is not a problem and it is talked about in our signed covenant. The
issue that has come up is a function of whether or not such a driveway can
connect with a parking facility, like an indoor parking facility in the building
and I know that there is some concern in staff's mind that if it does, that
people--- general people who parking in the facility might use the Tigertail
ingress and egress.- My thought at first was well you put up a sign that says
no left turn, this,'that or the other thing. If it is absolutely critical in
the wisdom of the Commission that we put in such a provision in the covenant,
we are prepared to do it. I have a question in my mind however, frankly,
because it troubles me at this point when we know in a preliminary stage, when
we know we are dealing with very superficial and preliminary type designs..
I personally have no idea whether a purveyor of foods, you know, has to come
into the building somehow or how the thing is going to be set up. I personally
to maintain the fexibility for the potential project for the developers for
the maximum benefit are just about everybody involved from my point of view
would prefer to avoid such an inclusion if we could do it. If on the other
hand you thank that, that's unfair, unkind or whatever and we have to go that
route, I suppose we could. I was thinking to try and do it through some other
device, some other procedure. I don't know whether that means, you know...
Mayor Ferre: Well, let me ask a question and perhaps that might solve it.
There is a hotel going up on the property next door.
Mr. Zellman: Yes.
Mayor Ferre: Alright. I'm sure they have ingress and egress to Tigertail.
Mr. McManus: No, sir their ingress and egress is on to 27th Avenue into
South--- and to South Bayshore Drive.
Mayor Ferre: Well, how can it be to 27th Avenue when they are not on 27th
Avenue.
Mr. Whipple: Tkeir property wrap.... it goes due North and then it takes a
jog to the left... that's right as being pointed out on the draft.
Mayor Ferre: Oh, I see.
Mr. Whipple: If you extend those lots 9, 10, 11, and 12 up and then over to
27th that is... that's right, that's their property.
Mr. Plummer: It was a tie back. It was like an "L" Maurice.
Mayor Ferre: Well, do they have a right to go on 27?
Mr. Whipple: Yes, sir. That's a proper zoning. Properly zoned, sir.
Mayor Ferre: But how are you going to get a building of the magnitude that
I imagine you will have on this property and limit them just to South Bayshore
Drive?
Mr. 5.7hipple: Well, Mr. Mayor, there are several problems involved. We feel
it's absolutely necessary it be limited.
Mayor Ferre: Why?
Mr.Whipple: If you just look at the graphic and I believe Mr. Luft is
putting up another graphic. The purple is the subject property and you can
see with that purple arrow that the traffic or the site comes out between
the traffic light and the white stop line on Tigertail. In other words, what
we are saying it comes right out into the middle of the intersection and
that's a extremely dangerous situation to promote more traffic. Particularly
05 MAR 2 5 1982
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from the building itself. Service is one thing, but overall...
Mr. Zellman: We are not... we are obviously not trying to promote that kind
of a traffic on the corner and that's why we are willing to say and we have
said in the covenant. We are talking about service where I'm anticipating
some number of, again, of truck type traffic will probably come in during
midday hours, probably not rush hours.
Mayor Ferre: Yes, but I think what they are saying is they are willing to
allow that kind of traffic to come in.
Mr. Zellman: Exactly.
Mayor Ferre: So, then is there any problem then?
Mr. Zellman: The concern that I have is only this, but I want to make sure
that you understand what I'm concerned about. I'm not concerned about limiting
the nature of the traffic flow, the kind of cars and trucks that go in there.
That's not a problem. What I'm a little bit concerned about--- I'm being
honest about this--- is I'm not sure if we say in the covenant that there
can be no access from a truck or a car that comes in off of Tigertail into
a parking garage or whatever language we are going to use, whether we are not
going to wind up with a difficulty when the building is architectually concepted
and designed. I don't... I'm not enough of an expert to be able to tell you
categorically...
Mayor Ferre: Well, shouldn't we deal with the problem at that time then?
Mr. Zellman: I would think so if we have got the fexibility to deal with it.
Mayor Ferre: Alright, Mr. Dawkins.
Mr. Dawkins: The same concern that you have is the same concern that our
staff had. Now, you are concerned that you do not get locked into a covenant
so that you will have the fexibility to do what you want and I think our
staff is saying to us is they must have this covenant to be sure that they
have the fexibility to control this thing. So, it's a matter now of whether
we are going to believe you and have sympathy and go along with you or whether
we are going to go along with staff.
Mr. Zellman: Ok, I think that's a fair representation, may be. Let me explain
why I say that. When you talk about a covenant, you understand a covenant has
been executed which takes care of the service entrance issues and the green
space issues. That's all done. No disagreement at all. To the extent that
there is a question, it relates only to should the ingress and egress have some
physical way of an automobile getting into an internal parking facility, that's
the only thing that we are really talking about here. Yes, and it is true
that because we are at somewhat of a premature stage necessarily as these kind
of applications go, I'm trying to maintain as much fexibility as I can--- these
will be the potential design of the building--- and hoping as we speak here
that perhaps there is another methodology that we can use that would satisfy
us other than locking something in a covenant, which of course, gives the
potential developer no real fexibility of satisfying each other. If we cannot,
if we cannot and there no alternative, we are prepared to go forward as Planning
asked, but I'm a little bit troubled about it because it's a... it's kind of
a pretty big bite out of us at this point.
Mr. Carollo: How many feet is it from South Bayshore Drive to Tigertail?
Mr. Zellman: The avenues are not exactly parallel, but the average distance
is about six hundred twenty feet. One side is about six ten. I think one
side is about six twenty sum. It's in the range of six hundred twenty feet.
Those are plans which are very tentative in their nature. There is an inaccuracy
by the way. We picked up on there. There is a measurement shown as a hundred
feet, it's not. It's about two hundred feet. It's simply not to a scale. I
don't wart to mislead you there. Like may be it would be helpful, Mr. Mayor,
if I came up and showed you what I was just referring to.
Mayor Ferre: (COMMENTS INAUDIBLE).
Mr. Zellman: If I may have a moment.
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MAR 2 5 1982
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Mayor Ferre: (COMMENTS INAUDIBLE).
Mr. Whipple: Mr. Mayor, I want to make one more comment if I could. If the
Commission is concerned as we are with the connection and also with the
potential parking in that service area, the covenant could be... could include
that and we could just defer it for a while and include those items and then
bring it back which... whatever the Commission's wish is.
Mr. Zellman: Mr. Mayor and Mr. Commissioners, as you know I represent Irvona
Properties and Central Bank's Trustee. One of the beneficiaries of the trust
is here. •I would ask if he might address you on this specific point if it's
ok.
Mayor Ferre: Sure. Mr. Sakolsky.
Mr. Sakolsky: I'm in an awkward position. Mr. Zellman represents the
other land owners and I own twenty-five percent of the total land that's in
this situation. I would like to express to the Commission my concern. This
Commission had a first reading, Mrs. Christie was here and the Commission had
agreed for a hundred foot setback with egress and ingress on Tigertail. Now,
we drew that covenant in accordance with what this Commission had requested
and presented it to Mr. Whipple and the City departments. In the covenant
Mr. Whipple had called my attorney forlrvona and asked for a copy and he
gave him a copy and his department in their own writing had changed this
covenant, changed this covenant not to agree with what this Commission had
made in the first reading. Now, I would like to just say one thing. We
have shown the service area here trying to change around the... what this
Commission had really agreed to was egress and ingress. There is a dangerous
aspect in here. On Bayshore Drive, six hundred twenty feet, if you see this
large plaza from the rear of Tigertail Avenue, you have no fire protection
you have your hydrants on Tigertail Avenue. If there is any type of a
configurous fire in this building, the trucks cannot reach that building from
Bayshore Drive, if there is any deliveries, Florida Power and Light, if there
is anything going on in that garage, to limit egress and ingress only to
Bayshore Drive and to say that they don't want to rework the light on Tigertail
if... the FAR here is only one and a half. So, you are talking may be a hundred
fifty thousand feet above, but to dump all those people on Bayshore Drive is
sheer madness. It would take a study. There really should be egress and
ingress partically to that garage in case anything happens to Bayshore. Whether
it's used as a secondary or primary entrance. But get...
Mayor Ferre: Al, would you be changing these drawing here, because these
drawings don't show that. You see, if you... if you look at...
Mr. Sakolsky: We changed these drawings at the last minute to show what they
had requested because it came out of the complete blue yesterday when the
attorney for Irvona, who is not my attorney, called me and said he had a meeting
and this is... and he brought this down to me yesterday at lunch and he said
this is what the Building Department wants. They want you now not to have
egress and ingress. I said, well, at the first reading they had agreed to
egress and ingress.
Mayor Ferre: You would have to change the drawing. You see, the building
that you have designed now the way this is designed shows that you can go
in and out and it goes down to the basement.
lir.Sakolskp Yes, down to the basement.
Mayor Ferre: See, if you look at page two of the one you have in the upper
drawing which is ground level...
Mr.Sakolsky: Yes.
Mayor Ferre: No, the next page. The next page.
Mx.Sakolsky: Yes. If you will notice this building was done by Nicholas
and I guess he consulted with the adjoining property because he has kept the
building back purposely to avoid interfering with the view from the Grand Bay
Hotel, to avoid interfering with the view from the adjoining apartment building
and it's a good design, but you can't possibly hope without a study in the
future. I mean, if yeu want to let this covenant go as it is now to dump
all that tr-zffic cn Bayshore.... I'm on Bayshore Drive and I can tell you now
07 MAR 25
4 k1l P P
that at 4 and 5 O'clock in the afternoon to be dumping all those automobiles
on Bayshore, where are they going to go they can't get out they are locked in
their.
Mayor Ferre: Al, there is a light thirty feet from that service road.
Mr. Sakolsky: Yes.
Mayor Ferre: How are you going to handle the problem of the traffic congestion
of people coming in and lighting up... you know, stacking up at that light
and then people....
Mr. Sakolsky: Where, at Tigertail?
Mayor Ferre: Yes.
Mr. Sakolsky: No, I wouldn't suggest at all, that they right turn only and
out.
Mayor Ferre: Oh, right turn?
Mr. Zellman: Yes.
Mayor Ferre: You are talking about just a right turn?
Mr.Sakolskyi That's right.
Mayor Ferre: And how about coming in on a left turn?
Mr. Sakolsky: You come in on Bayshore because of the... come in on Bayshore,
but there should be egress and ingress to point where service could come in
there, but we changed this completely to show a service area. Now, the
gentleman asked me if we can redesign or in our design if we will not have
any access to the garage below. I said if that was the intent of this Commission
not to have any egress and ingress on Tigertail was news to me, because you
are caught in the middle here between to large buildings.
Mayor Ferre: Alright, what's staff's...
Mr.Sakolsky: Also this property does front a small piece on Tigertail, on
27th Avenue. If you will look at that plan that you are talking about you
will that there is fifty feet of this property that fronts on Tigertail. This
property fronts on 27th Avenue of fifty feet, the rest fronts on Tigertail,
it's across the street from a gas station and a garage and three pieces of
commercial and it's the end of the line for the pieces there. But if you don't
want anybody to exit and make a right turn I think that it could be a serious
situation. I do.
Mayor Ferre: Yes, sir.
Mr. McManus: Mr. Mayor, several things. I would like to point out at first
reading to the best of my knowledge there was no commitment as to ingress and
egress on that property. If you may remember the staff was opposed to the
change of zoning. We did not even address the issues of potential traffic or
things like that. We felt there was... should be denied on other merits. So,
we didn't address ourselves to potential problems until after the first reading
as to what could happen and we believe it was the intent of this Commission to
limit that access and provide just green area. Now, we have Mr. Campbell from
the Public Works Department here and comment on traffic and Mr. Luft has some
other points planning wise.
Mayor Ferre: Mr. Campbell.
Mr. George Campbell: Mr. Mayor and members of the Commission, George Campbell
representing the Department of Public Works. The plans that we saw this morning
here indicate as you know the driveway coming on to Tigertail Avenue. It is
as you say very close to that light. There are no dimensions on there, so
it's difficult to say just where it is in relation to the sign itself. Also,
the... it's difficult to tell whether the property line as shown is an existing
property line or a zoned street line on 27th Avenue and on Tigertail. The
department's view on this is that any access there, if there is any, should be
as far to the east or northeast as possible. And should be limited to service
08 MAR 2 519e2
is
Ok
vehicles, small service vehicles. Unfortunately, if you put a driveway in there
even though you have a sign on private property which says right turn only this
is practically unenforcible unless you have a policeman station there at all
times stopping cars from turning left out of there. If they can, they will.
?'here is not sufficient room on Tigertail to put some sort of physical barrier
in the street to keep vehicles from coming out and turning left and trying to
go through the intersection on Tigertail and possibly go up 27th Avenue. We
would concur with the Planning Department that access should be limited there
to...I would rather there should be no access at that point in order to maintain
the safety of the public in traffic.
Mr. Sakolsky: May I ask Mr. Campbell a question?
Mayor Ferre: Go ahead, Mr. Sakolsky:
Mr. Sakolski: Mr. Campbell, you are in charge of the planning of traffic in
the City of Miami?
Mr. Campbell: I work, yes, in that area.
Mr.Sakolsky: Is it your opinion that you are willing to state now for the
record that if this building is built as envisioned, that there will not be
any problems of taking that traffic out of the building on to Bayshore Drive
during the rush hour at 4 and 5 in the afternoon, is that what you are stating
sir?
Mr. Campbell: I can't make a statement like that because I have no concept,
no idea of the size of the building, the number of vehicles they are talking...
Mr.Sakolsky: The size of the building as permitted by zoning is a hundred
fifty thousand square feet of offices, sir.
Mr. Campbell: I have no idea of the number of vehicles you are talking about...
21r.Sakolsky: The number of vehicles by Code, sir, would be four hundred.
May I ask you a question, Mr. Campbell? Is is not true that there is a
traffic jam on Bayshore Drive now every afternoon and every morning, that they
are bumper to bumper all the way down to the Mutiny Hotel on the turn?
Mr. Campbell: I have not observed that, but it may be true.
Mr.Sakolsky: Well, Mr. Campbell, wouldn't it be... I'm not trying to criticize
you, sir. I'm just trying to get a solution here that suit everybody. Wouldn't
behoove this Commission and the people were concerned with the area in the
neighborhood. We are not just here to build a building. Wouldn't it behoove...
would it behoove everybody that's involved with this thing to work out some
sort of an egress. If you think that it would be improper to have a secondary
egress to this property. If you think so we will yield to your opinion, but
I think it's a very strong statement.
Mr. Campbell: To answer your question, would we be willing to go back and
look at it and work with the architect and the Planning Department. Yes,
we would.
`ir.Sakolsky: I think that's very important. I mean, whether it's a right
turn or whether it's reworking the traffic light, I think it's important to
have... to disburse that traffic out there.
Mayor Ferre: Alright, we... Commissioner Perez, has a specific question of
YOU Mr. Campbell with regards to the report.
Mr. Perez: Yes. Mr. Campbell, why do we say here in these recommendations
that the Department of Traffic and Transportation have no objections to this
proposal. You are mentioning now about a different traffic problem. What I
have here in background information, it said that the Department of Traffic
have no objections.
Mr. Campbell: The fact sheet you have there is in reference to a zoning
change not to a particular development plan and the Traffic... and the
Department of Traffic and Transportation per se is an arm of the County and
they have not examined any plans for access or exit, so that they cannot have
any objection to it. They don't have anything to object to.
09
NJ1 .R 2 5 1982
► P
Mr.Sakolsky: Could I ask for something in the record? I think that Mr.
Zellman represents Irvona and he is getting excited. Can I ask that if
this covenant is passed that this City Commission will entertain in the future
if the building is built the recommendations of the Traffic Department and I
will bow out. He is...
Mayor Ferre: I think that's the solution, Al.
Mr.Sakolsky: Thank you, sir.
Mayor Ferre: In other words, what we do here is we pass this as it is and
say... and go on the record saying that we will accept whatever recommendation
the Traffic Department recommends.
Mr.Sakolsky: Would that suit you, Mr. Zellman?
Mr. Zellmari: Yes.
Mayor Ferre: Ok, I think that's the solution, and then we deal with the
Traffic Department. If the Traffic Department of Metropolitan Dade County
has no objections to it, then I don't have any objections to it.
Mr. Plummer: Where is the covenant?
Mayor Ferre: Would you proffer the covenant?
Mr. Zellman: Here is the covenant.
Mayor Ferre: Alright, would you give it to the City Attorney, Please. Let's
make sure this is proper. Jack, the way we will leave it is, look at the
covenant and make sure that it covers all the points that we requested with
regards to the ingress and egress from the project itself, that really is a
function of the Transportation Department. If the Transportation Department
concludes that there is no conflict with the light and the traffic stack up
and all the problems, then I don't have any objections to it, because it really
is a function. It's an engineering function. If it's going to alleviate
the building and by giving it two exits, then I have no problem with it. If
on the other hand it's going to create congrestion, then... but we are not
technically qualified to make that decision. I don't know anything about
this.
Mr. Carollo: The other point, Mr. Mayor, that I think should be answered
too is the problem that he mentioned about the fire hydrants, they are all
in the back part and I think safety is also an important aspect. I would
like for that to be looked at if you could.
Mayor Ferre: Fine. And we would need to get a report, then from the Fire
Department that they can properly protect that building without having egress
to it from Tigertail. And if the Fire Department says we have got to have
access to it, then that's another issue.
Mr. Plummer: Mr. Mayor, I think also, it would be well within order that
it be made a part of, that any mandated requirements of the Fire Department
for additional outlets and hydrants be borne at the expense of the developer.
Mayor Ferre: Absolutely, there is no problem with that.
Mr. Zellmen: No, problem whatsoever.
Mayor Ferre: And let's put that into this...(CCM.MENT INAUDIBLE).
Mr. Plummer: Likewise I think we should announce to this developer as well
as everyone else today that your permit when you draw for a building permit
is going to be marked that you are subject to impact fees and it will determine
on your C.O. as to the impact fees that will be hopefully very, very soon
passed by this Commission.
Mayor Ferre: Alright, have you looked at the covenant? Does that cover it?
Mr. Percy: Yes and I think the covenant is going to need amending if I understand
the discussions of the last few minutes. That covenant doesn't represent
all of the concerns of the Planning Department and if the Commission's intent
is to include them, we need time to amend that covenant.
10 VVL R 2 5 1982
11
Mayor Ferre: Well, can you do it by the end of this work day, so that we can
get on with this thing later on?
Mr. Percy: I believe so.
Mayor Ferre: Five minutes. Well, take a half hour, but I mean, within the
next half hour you can do this, right?
Mr. Zellman: Mr. Mayor, we don't object to just simply, you know, penning
that in.
Mayor Ferre: Hey, hey attorney go do that and then come back when you have
done it and we will take it up before lunch, ok? And so we will just move
along to Item 2.
Ms. Joanne-Holzhauser: May I speak, please?
Mayor Ferre: Oh, yes, Ma'am.
Ms. Holzhauser: I am Joanne Holzhauser. I live at 4230 Ingraham Highway
and I'm here representing the Coconut Grove Civic Club and we object to this.
For one thing, we would like to state as a matter of policy that we really
object to the fact that we never got a chance to see the covenant. They have
had, I don't how many weeks to have done this and did not do it. As of 5
O'Clock yesterday afternoon I was still on the phone trying to see if the
Civic Club can please see a copy of the covenant. I would like to bring to
your attention, because I think this is important. You all in your infinite
wisdom have protected Tigertail up until now and we would hope that this will
stand up in court when the next person wants to come along and put a commercial
or office or any change of zoning. Tigertail... I'm really amazed at the fact
that Mr. Sakolski didn't mention the traffic on Tigertail. If you think it's
all on South Bayshore, try Tigertail at 5. But I want to bring to your attention
that there are sixteen points on the standards for recommending rezoning that
came before the Zoning Board last year 7/20/81. I have fir. Frexias ballot,
which was the one kept in the public record and he ignored about ten points
that were very important as to why they should never have...
Mayor Ferre: That's not unusual.
Ms. Holzhauser: Well, that's your comment not mine, sir.
Mayor Ferre: Well, I don't mind saying it. In his case that's not unusual.
Ms. Holzhauser: But he chose one thing, the proposed change would be in
conformity with adopted City Comprehensive Plans. I offer you, it is not in
conformity. There are twelve points here and I won't bore you by reading them,
but I really would like to put a copy of this in the record, because I think
we are going to be confronted with this constantly. This building should not
be on a piece of property that is rezoned for it. The Civic Club would
appreciate it if you all would keep taking a look at what's happening to the
Grove before it becomes totally an office community. This piece of property
is not a hardship. It could have been used other ways and I certainly hope
the hundred feet which I'm told is going to be protected is going to stand
up to next person who comes after these people and sues all of you because
he wants to put up something else and he wants to change the zoning.
Mayor Ferre: But I might point out Joanne that, number one, this particular
piece of property has certain unique characteristics which the piece next
door doesn't have and that is that a corner of it touches on 27th Avenue
and I think that makes it...
Ms. Holzhauser: That was not in any of the information that was given us
Mayor Ferre.
Mayor Ferre: Well, look at the map.
Ms. Holzhauser: I know that. What I'm saying, it was not in any of the
information that was given us and I was down as late as ten days ago getting
copies. This is another example of what happen...
Mayor Ferre: Well, let the record reflect that my vote on this particular
piece of property is totally based on the premise that it touches on 27th
11
MAR 2 5 1982
Avenue and it is f:.e only piece that does so, so tP the piece immediately
North does not and is not therefore legally in the same category.
Ms. Holzhauser: I understand.
Mayor Ferre: For the record.
Ms. Holzhauser: I understand. It's just that it would be nice if people like
the Civic Club and other people could know this. I have made three trips Downtown*
about this and I never knew.
Mayor Ferre: Well, now let's... first of all let me see that thing about
Frexias. I would like to see that voting pattern. And secondly, would you
explain on the record why, Jack, she was unable to get access to all these
public records.
(COMMENTS INAUDIBLE)
Mayor Ferre: Oh, you are talking about the... Oh, oh, I see.
(COMMENTS INAUDIBLE)
Mayor Ferre: Yes, now, his comments are the circles?
(COMMENT INAUDIBLE)
Mayor Ferre: Just "yes" and "no", who's comment.
(COMMENT INAUDIBLE)
Mayor Ferre: Mr. Perez-Lugones, let me ask you. The standards for recommending
rezoning, I see that the board members signed it and they dated it and they
put the item. Are they suppose to indicate "yes" or "no"? Or there...
Mr. Perez-Lugones: They are suppose to take into consideration everyone of
those standard.
Mayor Ferre: Well, how do we know that they have done that?
Mr. Perez-Lugones: By their signature on the paper.
Mayor Ferre: By the signature, it doesn't matter whether or not they make
notes or...
Mr. Perez-Lugones: No, sir. And to correct the record Mrs. Holzhauser had
complete access to all the records in my department.
5. A ESTABLISH AM" 7DED RULES FOR ATT=1;DXVCD OF A2*'XEr.S
OF rNE ZONING BOARD AND PLAi-TJING ADVISORY BOARD A11D
OTHrR BOA.^DS,
Mayor Ferre: Well, it just happens that there are a lot of questions about
the way Mr.Freixas votes on these issues and whether he is being objective
or whether he is being subjective. In my opinion he is being totally subjective
in the majority of his votes, but that's just my personal opinion.
Ms. Holzhauser: We just appreciate you all keeping an eye on these rezoning
changes. Thank you, very much.
Mr. Carollo: If I may, before I forget Mr. Mayor, not to get off the subject.
Mr. Lugones can you bring the Commission up to date on Mr. Freixas's absence
at the Zoning meetings. I understand that he has the worst record of any
member of that Board in showing up for meetings.
Mr. Perez-Lugones:!1r. Freixas has missed the last two meetings for medical
reasons as I understand it.
Mayor Ferre: Do you have medical records on that and you get a letter from
the doctor?
Mr. Perez-Lugones: I talked to Yr.Freixas yesterday because of his absences
and he told me that he was going to proffer a letter from the doctor explaining
that he was under medical care.
Mr. Carollo: Let me say this, Mr. Perez-Lugones, we are not running a
convalescence home, we are running Zoning Board. Mr. Freixas has missea
�� MAR 2 5 1982
scores of meetings. Every time he misses the meetings he gets the same general
type of excuse from his same doctor. I think if he is that sick of an
individual he should resign and we should get somebody that would show up to
these meeting. But I guess, and I repeat myself, we are not running a
convalescence home, now that's a Zoning Board and he is a sickly individual
he should resign and let somebody that could do the job and will show up to
those meeting take over.
Mr. Perez-Lugones: Commissioner as you know, there is a procedure stated in
the code in regard to a removal of board members.
Mayor Ferre: Fine, well, we are going to perhaps start those proceeding. So,
you bring me his complete file and you make a copy of every member of the
Commission and we will take it from there.
Mr. Carollo: I mean, I'm not trying to put you on the spot, I know you are
good friends. I know you go a long way and I understand that. I mean, I
recalled you know, when Mr. Lacasa was here you and 11r. Freixas was always
in his office. I know you are good friends and I'm not trying to put you
on the spot, but I just want to let you know that, that Boardsis an important
Board and that the people that we appoint to that Board should be going to all
meetings. Unless they are really sick. And if 'fr. Freixas is that sick of
an individual he should resign, but we are not running a convalescence home.
Mr. Perez-Lugones: Commissioner, the Code establishes when a person can be
excused from missing a meeting of the Zoning or the Planning Advisory Board.
Through the years that has been as declared here too and the reasons are for
personal illness, illness in the family or away on City business. There are
no other excuses and it has nothing to do with any personal relationship that
may be implied or assumed between two persons.
Mayor Ferre: Well, I will tell you, you send me a copy of his attendance
record anyway and the excuses from his doctor and we will take it from there.
Mr. Perez-Lugones: Very well, sir.
Mayor Ferre: And I think that we may also want to institute here for the
future the same thing that we did for the Downtown Development Authority
and that is for anybody who misses more than half of the meeting during the
year or is absent three consecutive meetings ,"out".
Mr. Perez-Lugones: The Zoning Board and the Planning Advisory Board, Mr.
Mayor, functions on the basis of points. One, if you miss a meeting and it
is not excused as required by the Code you accumulate five points, after
fifteen points you are out automatically. It doesn't have even to come to
the Commission, you are finished.
Mr. Gary: Mr. Mayor?
Mr. Carollo: See, but what's happening Mr. Mayor, is that all you need to
do is get a friend that's a doctor, let him sign you an excuse and you can
miss whatever meetings you want. So, in essence, you know, we have a loop
whole as big as this whole here.
Mayor Ferre: Yes, but see the Downtown Development Authority doesn't have
that loop whole anymore. If you miss three consecutive meetings or half of
the meetings of the year, then you are too busy or too sick or too involved
to serve on the DDA and has nothing to do with doctors excuses. It's alright
for you to be sick once, but if you are... if we have... if this Zoning
Board meets eleven times a year and you are absent six times out of those
eleven or if you miss three consecutive meetings and you may have perfectly
legitimate reasons, you are sick. Well, then you shouldn't be occupying that
space because we need somebody who isn't sick to be there. That's the point.
Mr. Gary: Mr. Mayor?
Mayor Ferre: Yes, sir.
Mr. Gary: Would you like for us to come back with the change in the Code to
be similar to that of the Downtown Develc_rmert Authority?
Mayor Ferre: Yes, sir.
13 M,AR 2 5 1982
t
1
t OTI
Mr. Carollo: Mr. Mayor, I think we should even go further than that. Mr.
Manager, I would like this item placed on the next scheduled meeting that we
have, will be April 1st. I think we should go even further than that. Mr.
Mayor, this board is an extremely important board. It has to make a lot of
important decisions for this community and I think the rules for this board
should be stricter than for any other board. So, I would like to have the
opportunity to study additional possible changes that we should make and then
take it up on April 1st.
Mayor Ferre: That's fine. Gary, go ahead.
Mr. Gary: Mr. Mayor, what I would like to do is, we will do a draft and we
will get together with each individual Commissioner for input.
Mayor Ferre: Terry? I don't know, I think it was Bob. Is Mr. Clark here?
I think he -is the one that handled that particular case with the DDA or was
it you? I think it was Clark.
Mr. Percy: No, I don't have a recollection.
Mayor Ferre: I talked to Clark, because when we passed that thing it made
it retroactive to December or to the beginning of the year and I couldn't
believe that, that was legal. So, I called to the Law Department and said
how can you go back and make it retroactive and he said no, that's perfectly
legal. Mr. Clark?
Mr. Clark: Yes, sir.
Mayor Ferre: You recall on the changes on the DDA on excused absences?
Mr. Clark: Yes, sir.
Mayor Ferre: That we have this rule now that says that if you miss three
consecutive meetings for whatever reason or you miss half of the meetings
during the year, even if you are sick, that this calls for you to be automatically
dismissed. Then you made it retroactive.
Mr. Clark: Yes.
Mayor Ferre: I called you up and said how can you make... or Roy Kenzie called
you and asked you, now is it legal for you to make this retroactive and your
answer was "yes".
Mr. Clark: Because it's not a penalty...
Mayor Ferre: Put it on the record.
Mr. Clark: Because it in no way is a penalty, it is simply the City commission
exercising it's rights that existed. The persons were under duty as members
to fulfill the duties of the membership on whatever board or agency.
Mayor Ferre: What do you mean it's not a penalty? If you kick somebody off
it's going to be a penalty.
Mr. Clark: That's not... it's not a penalty in the sense that you are punishing
him, you are simply requiring the full commitment and the full discharge of
the duties they had already assumed. You are not penalizing them.
Mayor Ferre: I see. So, in other words, we can make this retroactive in the
same way as we do with the DDA?
Mr. Clark: All we did was simply for the purpose of calendaring to make it
easy to administer so that you wouldn't go back for twenty years, it was
simply a year. It could have been two years. It could have been six months.
It could have been effective immediately. There is no vested rights in the
fact that you should have been doing your job right along.
Mayor Ferre: Alright. Well, I will tell you what's sauce for the goose is
sauce for the gander and I would like to--- since we are in between items
one and two, if you want to make a motion so that we formalize this, if not
I will make the motion. It says that the same rules that have been adopted
in the same retroactive way to the DDA should be applicable to both the Zoning
14 MAR 2 5 1982
r r
and the Planning Board.
Mr. Carollo: Mr. Mayor, I would be in full agreement, however, since I have
stated for the record already that I feel that the rules for the Zoning Board
should be stricter than for any other board. I would like the opportunity to
consider some additional stricter changes to be made.
Mayor Ferre: But this is on a motion form, Joe and this way we get the ball
rolling. When it comes back in a formalized resolution or an ordinance change
you can add whatever things. So, what I would like for you to do is just to
pass this in a motion form now. obviously, we will be dealing with it and you
can tighten it up at the appropriate time, but I want to get the motion going
so that we have it on the record that we are moving in this direction.
Mr. Carollo: That's fine, but let me tell you precisely what I am considering
is cutting down the amount times that someone can miss even more than has been
stipulated by your motion.
Mayor Ferre: Well, let's get going on something. You want to move it that way?
Mr. Carollo: I will move it that way.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion?
Mr. Plummer: Under discussion, Mr. Mayor, I concur with your thoughts. I'm
only questioning is that far enough in a different vein than Joe. Why Mr.
Mayor, would you not make that applicable to all boards?
Mayor Ferre: I will consider that.
Mr. Carollo: Yes, I can consider that too.
Mayor Ferre: I have no problem with that. I think if people are just not
interested enough to go to meetings or if they are not well enough in their
health, then they should let some other citizen take that position that can
be present and wants to be present and wants to be a participant.
Mr. Plummer: I offer that as an amendment.
Mayor Ferre: Yes, sir?
Mr. Gary: Just for point of discussion. There is some difference between
the Zoning Board and other boards whereby we do compensate them for their
participation as opposed to other boards...
Mayor Ferre: So, there is a punitive measure involved you mean?
Mr. Gary: Yes, sir.
Mayor Ferre: Yes.
Mr. Gary: So,... I agree that we should be more... we should be stricter
with the Zoning...
Mayor Ferre: We may not be able to do it retroactive because of the punitive
measure of it?
Mr. Plummer: Well, Mr. Mayor, what you are speaking to presently is not
punitive. You are speaking to removal or stay. Now, you can speak to the
punitive in a different action and I think very simply that if a man doesn't
attend, he doesn't get paid. If he doesn't work, he doesn't get paid.
Mayor Ferre: Well, I think this is a generalized motion. The Law Department
is going to have to research this and come back with specifics. The intent
of this Commission as I sense it is that we tighten up on attendance. And if
people just don't have the time to attend or too sick, then they should not
be serving. We want activist boards. Alright, is there further discussion?
Now, fully realizing that I'm sure this will be changed a great deal when it
145 MAR, 2 5 1J82
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gets to final form in a resolution or in an ordinance. Call the roll.
The following motion was introduced by Commissioner Carollo, who
moved its adoption:
MOTION NO. 82-268
A MOTION OF INTENT OF THE CITY COMMISSION TO TIGHTEN UP PRESENT
GUIDELINES GOVERNING CITY OF MIAMI BOARDS INSOFAR AS NON-ATTENDANCE
OF BOARD MEMBERS TO BOARD MEETINGS IN CONCERNED, AND MAKING FULLY
KNOWN ITS INTENT TO ADOPT NEW AND MUCH STRICTER. RULES AND REGULATIONS
GOVERNING THE NON-ATTENDANCE OF BOARD MEMBERS TO BOARD MEETINg;
FURTHER REQUESTING THE CITY ATTORNEY TO FULLY RESEARCH THIS ISSUE
AND BRING BACK PROPOSED LEGISLATION SIMILAR IN NATURE TO THAT
GOVERNING THE DOWNTOWN DEVELOPMENT AUTHORITY SO THAT THE CITY CODE
MAY BE CHANGED ACCORDINGLY; AND FURTHER REQUESTING THE CITY MANAGER
TO PLACE THIS ISSUE ON THE APRIL 1ST AGENDA FOR FURTHER CONSIDERATION
BY THE CITY COMMISSION.
Upon being seconded by Commissioner Perez, the motion was passed
and adopted the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
ViceMayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
Mayor Ferre: Alright, now, are we resolved on Item #1 yet? It's five minutes.
Mr. Percy: It's being typed.
6. FURTHER CONSIDERATION OF AN AME? D,',fEN':' TO 6871, ARTICLE
XV-1 CBD-2 DISTRICT, SUBSECTION (8) HISTORIC PRESERVATION.
Mayor Ferre: Now, we are on Item #2, so that we can move along and this a
the Planning Department's application for Ordinance 6871, which is the
historic preservation issue. This item was passed on first reading and then
it was held up because at the time there was some confusion about the wording
and the wording, Terry Percy, into the record said that it was absolutely
essential because the Supreme Court had ruled for those specific wordings...
for that specific wording, that if we did not use that specific wording there
was some question as to the historical... I'm sorry, to the legal continuity
of the issue. Now, that really speaks to the heart of the matter. The other
item that was before us was of the question of the City Commission accelerating
the hearing process and when, Terry, you had given me that amended form ---
Would you have an extra copy of it?--- it did not specifically cover that
because it inadvertently had been left out.
Mr. Percy: Ok. Page 13 in the packet that you have Mr. Mayor, is that page
as amended.
Mr. McManus: Mr. Mayor?
Mayor Ferre: Let's read it into the record so that... yes, sir, Joe, you
want to say something?
Mr. McManus: Mr. Mayor, for the record we did have a meeting with the
interested parties to the discussion on March 22nd and I would just like to
report that there was no meeting of the minds. At this point we have no
substitute language to offer and we would continue to recommend the language
16 MAR 2 5 19e2
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as shown on page 13. However, if the other interested parties are offering
substitute language, we would like the opportunity to respond to that.
Mayor Ferre: Well, let's get on.the record right away as to... and let me
see what you are offering now. •Does this parallel the City Commission's '
standing?
Mr. McManus: That's is what the City Commission acted on, on page 13.
Mayor Ferre: Ok. (THE MAYOR READS INTO THE RECORD PAGE 13 OF ORDINANCE
ON SECOND READING). Now, the only problem other than the legal problem which
may be presented in a moment, that I have with this is that it ties the City
Commission down on a public hearing basis with that demolition request and
that the Sears people may not be ready to come up and ask for a demolition
permit and I really... what I want to do is accelerate the public hearing
purpose so that we can get that behind us and the City Commission can on the
merits of the case make a specific determination on the Sears rather than have
to wait for a demolition permit to be pulled. Look, you see, what you are
saying here doesn't cover that. It says the City Commission may at any time,
at any time initiate and/or accelerate a public hearing on the approval of a
demolition permit. Well, if they haven't petitioned for a demolition permit
there is no way we can accelerate the public hearing. So, in other words,
you got a hiatus in the... I mean, I'm not a lawyer, but it tells me just...
I mean, that's the King's English.
Mr. Percy: No, the Commission's concern, Mr. Mayor, was that you would not
want the applicant for the demolition permit to be tied down and that you
wanted to intercede to push it along and that language was designed to allow
that.
Mayor Ferre: But it doesn't, that's my point. But it doesn't. It doesn't
accomplish that, because it is tied--- I'm not a lawyer, Terry, but I can
sure as hell read the English language and I think the King's English is as
clear as day and it says very, very simply here► it says "unless the City
Commission... I'm sorry, I'm sorry. I mean, provided... I'm sorry. "The
City Commission may at any time initiate and/or accelerate a public hearing
on the approval of a demolition permit", "on the approval of a demolition
permit". How can the City Commission accelerate the approval of a demolition
permit if there is no request to demolish the building?
Mr. Plummer: Well, that's only in the negative, you can only deny.
Mayor Ferre: See, but the point is that I don't want this sword of Damocles
hanging over the Sears people. The Sears people and Cadillac Fairview say
they want to put up a project, until they are ready with their drawings and
their financing they are not going to ask for a demolition permit. How can
we accelerate it until they ask for a demolition permit. The wav this language
is drafted we are tied to the demolition permit. And what I would like is
for the public hearing to be with regards to the perservation of that building
and has nothing to do with the demolition permit. It has to do with the
City Commission accelerating the point and frankly, what I want to do is say
"Fine, you have a right to a public hearing." We will go through the public
hearing and the City Commission wants to accelerated it, but I want to have
this in May, ok, not wait until they pull a permit.
Mr. Percy: Correct. Correct.
Mr. Plummer: Maurice, why don't you just come with wording that say the
City Commission may at any time initiate a public hearing.
Mayor Ferre: A public hearing for what purpose?
Mr. Plummer: well, this is under the purposes of historical preservation and
demolition, but you don't have to spell it out.
Mayor Ferre: Is that acceptable, Terry.
Mr. Percy: I'm sorry.
Mayor Ferre: That would... I mean, that doesn't sound like it's clear
legal language though.
Mr. Percy: No, this only speaks to the demolition permit once it's been
applied for by the applicant. This provision does not cover the designation
17 MAR 2 5 1982
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of the destructions in this particular district.
Mayor Ferre: See, you are not accomplishing the purpose that I'm trying to
accomplish by that language. Follow me, please, ok.
Mr. Percy: Yes, sir.
Mayor Ferre: You are saying that the Sears Tower because it's been designated
by the Dade County Historic Survey cannot be demolished until you have a public
hearing.
Mr. Percy: Correct.
Mayor Ferre: Ok. But the public hearing... the trigger mechanism for the
public hearing is a request for a demolition permit. You have now inserted
here that the City Commission can accelerate, but it is tied to the demolition
permit. If_ the owner does not require or does not request to demolish the
structure, then there is nothing the City Commission can accelerate, ok.
Mr. Percy: I follow you.
Mayor Ferre: Now, what I want to put in there is that the City Commission
with or without a request for a demolition permit can accelerate a public
hearing as to whether or not that building falls within this purview. Now,
that's the intent. Yes, Ma'am?
Ms. Joyce Meyers: May I suggest a way to do this?
Mayor Ferre: Yes, Ma'am.
Ms. Joyce Meyers: Reading through the demolition permit, "No demolition permit
shall be issued by the Building Department"...
Mayor Ferre: Yes.
Ms. Meyers: ... and then continue, "unless the City Commission has first approved
such demolition", striking the word "permit" following that... following a
public hearing. "The City Commission may at any time initiate and/or accelerate
a public hearing on the approval of the demolition, striking the word "permit".
Mayor Ferre: Ok, thank you, you have solved the problem. Thank you, that's
very good. That solves the problem. Is that right Terry?
Mr. Percy: Yes, sir. No, problem with it.
Mayor Ferre: If we strike the two permit words, then the City Commission
could accelerate the public hearing?
Mr. Percy: Correct.
Mayor Ferre: That's fine. Now, the other aspect of it is the one that
I'm sure Bob Traurig wants to speak to and that deals with undue economic
hardship with result which destroy reasonable and beneficial use of the property
and the question that Plummer had inserted--- and I don't know where Plummer
is--- but the main question on that is, remember we had inserted in there "as
determined by the City Commission", and evidently you don't think that, that's
sufficient to protect. Is that correct, Bob? Go ahead.
Mr. Robert H. Traurig: For the record Robert H. Traurig, 1401 Brickell Avenue.
I think Joyce has solved a problem, but it isn't ours. I would like to pass
out to the members of the Commission a copy of the sheet on which this Section
8 appears and attached to that some very, very brief language which I would
like you to consider in substitution for some of the language on that sheet.
(NOT USING MIKE, CO11M.EJTS INAUDIBLE) Let me explain to you why I suggest
these various changes. Number one, whereas no demolition permit shall be
issued by the Building Department for any structure, I have suggested that you
add "or part thereof", because we really are talking about the facade which
is only the exterior of the structure and we are really not even talking about
total facade, we are talking about only a very small portion of the total
exterior of the Sears Building and that's, that portion which faces the
intersection of 13th Street and Biscayne Boulevard. So, to talk about a
structure is really talking about a far greater building area than what was
intended in this particular case and it may be an entire structure in some
is WAR
instances that you might want to preserve, but here we may be talking about a
part thereof. That's number one. Number two, after the words "As determined
by the Dade County Historic Survey", I have added substantial language which
really says I don't think that this City commission should accept the Dade
County Historic Survey as being the definitive determination that this building
is of an historic nature, but that there ought to be a public hearing and we
ought to give notice of that public hearing because this is a democracy where
due process is involved and to take our parcel of property and just say it's
an historic building, you can't touch it withoug giving us a public hearing,
I am saying to you, is denial of due process. And I think that this Commission
would want to preserve that aspect. The due process for all of its citizens
So, I would suggest to you that the language after a hearing on such designation
has been held by the appropriate Board or Commission after the owner of such
structure or part thereof has received due notice of such hearing and an
opportunity to present evidence thereat is a very fair and reasonable addition
to the ordinance because it would give the same people who want to make the
decision the opportunity to evaluate it on it's merits, but it would give the
property owner the opportunity to explain why that parcel of property ought
not be given such a designation, because what you do when you put the historic
preservation designation on a parcel of property, is to put the burden upon
the property owner to get it off of that designation or out from that designation.
And I would like to call your attention to the fact that at 5 O'clock today
you have got two ordinances that are being presented to you on first reading
on historic preservation. They are not the same as what you are doing in the
CBD-2 District. They have got specific guidelines as to how to designate
a parcel of property. I have been saying in each one of these meetings that
it's premature to put this language in this ordinance, because when you pass
the ordinance it's going to come before you at 5 O'clock today, you will treat
all the properties in the City equally and why should we be treated differently
than somebody else's property. And another legal argument is that we believe
that equal protection of the law requires that you treat us the same way you
treat other people else where in the City. Number three, after the words "
with all interested parties", since that is really a rather ambiguous expression
and I don't know what interested parties ought to get this notice. I'm
willing to say that the City of Miami Planning Department can determine who
are the interested parties or some other designated group because it's not
all the citizens of the City of Miami to whom you want to send notice. It
may be people within three hundred fifty feet and it may be people in historic
preservation groups and other interested groups, but surely somebody ought
to make that determination. Number four, I would like after the word "structure"
to add the word "or parts thereof" for the same reason I gave you it with
regard to number one. And now we come to the part that the Mayor is talking
about. Number five, it says "unless an undue economic hardship which would result
which destroys all reasonable or beneficial use. It's not just a question
of destruction of, it's substantial impairment of that, because we could have
a very great demonition in value without a total destruction and then, in
number six I have added the word "or value" after the word use because it's
not just a total destruction of use. It could be... or a substantial impairment
of use, it could be a substantial impairment of use or value. And finally,
I would like to suggest number seven, with regard to this matter of surrounding
development shall respect the scale and character of the development that's
being preserved. I would like you to consider the words "wherever reasonable"
because the truth of the matter is that when you preserve a small building,
for example, Dr. Jackson's home has now been put into the area of Bayshore
Drive and 14th Street, 13th Street. Now, that is a very small structure, one
story and there are going to be major structures that surround it. Now,
wouldn't it be reasonable to say that, that's an anomaly it shouldn't... you
know, it's only put there because there is no other place to put it and to
respect the scale and character of that building in the contiguous properties
is an impossibility unless you want to destroy the entire Downtown Development
area. This is not part of the DDA, but the whole Brickell Avenue development
area. So, I would urge you to consider softening that expression surrounding
development should respect the scale and character of what is being preserved,
because that's not really very practical. I also want to call one other thing
to your attention and that is that up above where it says accelerate a public
hearing on the approval of a demolition permit, which is the thing that the
Mayor asked us to comment on or asked Joyce to comment on, I think it's important
to note that we are not going to be coming to you for a hearing on a demolition
permit because we are not ready for a demolition permit under any circumstances
even if Cadillac Fairview wanted to proceed with development because we don't
need to demolish this building until we move Sears into another building. What
we want is not to the approval of the demolition permit, but the right to
obtain a demolition permit, because if you can determine that we have the
19 MAR 2 5 1982
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right to obtain a demolition permit, then we think that we would be protected
for the future, but on that subject I would like to introduce Mr. Charlie
Houck, who is here from Atlanta. He is counsel for Sears. He wants to make
the Sear presentation to you. I want to again, distinguish between my
presentation and theirs. I'm representing the joint venture that might
develop these two blocks. He is the attorney for Sears.
Mr. Charles Houck: My name is Charles Houck and I'm attorney. I'm admitted
to the Florida Bar. I live in Atlanta, Georgia and I'm on the corporate legal
staff of Sears Roebuck and Company. We have many of the concerns as Mr. Traurig
has stated that Sears has and the developer have, but we have some that are
independent of that. We are very interest in the final wording of this ordinance.
Mr. Thomas, our Miami group manager spoke to you two weeks ago. He was here for
that meeting, I was here for that meeting, Mr. Dobbins from our Property
Department in Atlanta was here for that meeting, Mr. Krume, the Biscayne
store manager was here for that meeting. All of those gentlemen were here last
week with the exception of me. I had a conflict and could not be here. All
of those gentlemen are here again today and two of us have come from Atlanta.
We are very concerned with how this ordinance is worded. This is really our
first opportunity to comment on the portion of the ordinance of the definition
or parameters or guidelines or what constitutes undue economic hardship. I
can say to you gentlemen that Sears has no objection at all to a public hearing
and we have no objection to a public hearing before this Commission on what
constitutes undue economic hardship, but we do feel that there needs to be
a fair and easy to understand guidelines incorporated into the ordinance that
will give some guidance as to what does constitute undue economic hardship.
I'm troubled with the phrase that appears in the ordinance presently that
attempts to set those guidelines and that phrase is that "it destroys all
reasonable and beneficial use of the property". I'm a lawyer, a Florida
lawyer, been in practice for twenty years and I'm not quite sure what that
means. May be you know what it means.
Mayor Ferre: Counselor, could we cut through all of this by just asking you
that, do you subscribe to all of these changes that Mr. Traurig has presented
to us? Would that clarify the issue for you?
Mr. Houck: It would go a long way towards clarifying the issue. I independently
of Mr. Traurig had proprosed a modification just on the one aspect of the statute
and that was the part that goes to what constitutes undue economic hardship and
I had substituted some phrases for what destroys reasonable and beneficial
use of the property.
Mayor Ferre: Look, I know that all of you attorneys have plight of authorship,
you are almost as bad as politicians, but I think what we are trying to do here
is to simplify the process so that... I think this board here, the City Commission,
as I sense it is... wishes to permit the Heritage Trust and the other historical
preservation groups to have the right to have a public hearing. I think they
are entitled to that. Now, so we do not want to put an undue burden on the
Sears property on Biscayne Boulevard. On the other hand we are not going to...
there is no way, I think, that we are going to put in this clause except for
the Sear Building, because...
Mr. Houck: We are not asking for that at this time.
Mayor Ferre: Ok, so I think... and on the other hand you can reasonably ask
this thing to be watered to such an extent that you are just stripping all of
the teeth off of this tiger. I mean, it's got to have a few teeth in it.
Otherwise, we may as well just throw it all out and forget it. So, it has
a little... it has to have some substance, some meaning and some teeth. Now,
my question again to you and then we need to hear from the other side, is
whether or not these seven changes and as I see it and the real substantive
ones are five and six, because one, two, three and four don't really mean
anything, it's just tightening up the legal language. When you get into
the substance of it, it's five and six and seven, and my question is, does
that solve your legal concerns?
Mr. Houck: I would say it solves all of them but one and that...
Mayor Ferre: Ok, which is the one that it does not solve?
Mr. Houck:... that, that one remaining concern and still has to do with that
same definition is that we own at this point a very old building that has some
really substantial maintenance problems and I would like to additionally add
20
MAR 2 5 1982
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the criteria that as to what would substant...
Mayor Ferre: Tell me where would it be. Could you do it in reference to Mr.
Traurig's numerical... unfortunately, this is not numbered by line. So, we
don't have any way....
Mr. Houck: I think you are talking about five or six here and let me...
Mayor Ferre: Ok, tell me after what word and what words you want to add.
"which destroys all reasonable and beneficial use or value of the property".
Mr. Houck: Now, he had to insert it for five, let me...
Mayor Ferre: He had inserted "and substantially impairs, which destroys" and
then insert...
Mr. Houck:" "And substantially impairs the value or use" and the other thought
that I would like to add is that if there was a substantial expenditure of sums
of money to maintain the property that, that would be taken into consideration.
Mayor Ferre: Sir, would you give me the exact wording and where you want to
insert it so we can consider it?
Mr. Houck: If you want me to work off Mr. Traurig's amendment it would take
me a minute or two and I can get with Bob and give it right back to you.
Mayor Ferre: I want you to work off of the submitted proposal that is before
US.
Mr. Houck: Ok.
Mayor Ferre: Now, just tell me what words and where you want to insert
them so that we can consider them.
Mr. Houck: I just had the opportunity to look at this change at the same
time you did, so I'm trying to read the one Mr. Traurig submitted.
Mayor Ferre: Alright, well, why don't you go ahead and get together with
your people and come back and let us know in a few minutes. In the meantime,
Ms. Parks are you ready to... Alright, Arva?
Ms. Arva Parks: Mr. Mayor and members of the Commission, I'm Arva Parks.
I live at 1006 South Greenway Drive. There is several comments that I think
we feel about this. The first is, it's a little frustrating that this is
the fourth time we have been here and now we are having things presented that
there was full opportunity to have been presented all the way through the
other issue. This just seems somehow not appropriate at this time to start
all over again, which is what this is basically doing. About the recommendation.
There is one other thought that has to be pointed out. We are still dealing
with a City of Miami Zoning Ordinance with the preservation section. We are
not dealing with the Sears Tower at this point. It seems kind of ludicrous
to me for the attorney to talk about equal protection of the law when at an
earlier point he succeeded in getting the equal protection of the law tipped
to their side by accepting Sears, which was not equal protection for the other
affected property owners.
Mayor Ferre: Arva, excuse me for interrupting, but this is a real key point.
This is a particular ordinance for a particular piece of property in Miami.
General property, ok? Now, what other, what other historical buildings are
there in the zone covered by this ordinance other than the Sears Building?
Ms. Parks: There is the... what is now the Boulevard Shops.
Mayor Ferre: The what?
Ms. Parks: The Boulevard Shops right across the street.
Mayor Ferre: Yes.
Ms. Parks: There is, I believe it's the Orange Bowl properties where they
put together some historical houses with a new building in the middle.
21
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Mayor Ferre: Ok.
Ms. Parks: And there is another one of... I can't say exactly, but there are
at least four.
Mayor Ferre: Now, these are properties that have been determined by the
Dade County Historical Survey to be historically important.
Ms. Parks: So, the whole time we have been... you know, this has been... this
is really why we got here in the first place, is by accepting Sears... is
giving special treatment to Sears. Now, the parts thereof on number one, I
would like to speak directly to Mr. Traurig. The parts thereof, we have
discussed in conversations with Sears that every single person that's been
into this just about is not particularly concerned with anything than maintaining
the facade. Most preservation ordinances deal only with facades. Preservation
ordinances -in very rare occasions ever deal with interiors. Again, no one is
particularly concerned about the whole building, but if you slip parts thereof
there may be another building in the area generally where parts thereof would
not be appropriate. Again, it seems inappropriate to me to make a special
exception or a special... a concession, I guess, is the word for one developer
in the middle of your ordinance. I think the time for compromise on parts
thereof comes at a public hearing, comes at a meeting that you have in the
ordinance between the parties and I think I'm more pleased about the meeting
requirement than anything in it, because that is where any compromise is going
to be. As far as number two, after a hearing on such designation has been
held, if it's said by the City of Miami Commission after the owner of such
structure or so forth, there is no real problem to that, that's just chewing
your cabbage twice or going through it twice. As we have said from the
being, we are not concerned about... I mean, we would like to have the Commission
making the decision. No one has ever asked for anything else.
Mayor Ferre: Arva, I will tell you so we don't get bogged down with too many
things and too many issues we go kind of one by one... Now, look,...
Ms. Park: Alright, number one, parts thereof.
Mayor Ferre: On parts thereof, let's have a little discussion on that.
Ms. Parks: Alright.
Mayor Ferre: Now, let's make sure we understand what this means. "A permit,
a demolition permit shall be issued by the Building Department for any structure
or a part of a structure...
Ms. Parks: Well,...
Mayor Ferre: Let me finish.
Ms. Parks: Excuse me.
Mayor Ferre: ... of major significance a local architectual history is
determined by the Dade County Historical Survey and then it continues. Now,
the question is supposed, supposed the Sears people conclude that they want
to knock down the tower, but they don't want to knock down the rest of the
structure or vice versa, that they want to leave that tower on Biscayne and
but they want to knock down... that's not an unreasonable request.
Ms. Parks: No, it isn't. I don't think there will be anyone there opposing
it. This is the whole point. I don't think it is necessary to put this in
the ordinance.
Mayor Ferre: But if it doesn't do any harm, then what... why not... you know,
I'm not saying that this is a pyrric victory for them, but frankly, the
way I deal with these things politically and it may be different, is that it
it's not a substantive issue and it doesn't really matter and it makes somebody
feel a little bit more comfortable, what the difference?
Ms. Parks: Well, I think it sets a precedent of... preservation is really
interested in saving historical structures. The parts thereof part of it
comes in compromise in trying to please everyone. I think with... if you
start saving parts of structures by designation you are setting a bad precedent.
There may be some structures in Miami where you do want to save all of it and
22w MAR 2 5 1962
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You will fight to save all of it.
Mayor Ferre: That is decided anyway at the public hearing process and I don't
think it means anything one way or the other, because obviously, at the public
hearing process you can decide to save a part of a building and conclude that
way. So, what I'm saying is, I'm not saying this is a pyrric victory for
the other side, but I'm saying that it's a meaningless word.
Ms. Parks: Well, it's just... you know, it's not important enough to get
into a big debate over it.
Mayor Ferre: Precisely.
Ms. Parks: I agree.with you.
Mayor Ferre: Now, let's get to the substantive issues where I think you have
some clear cut concerns. Now, on Item #2, and it says "as determined by the
Dade County Heritage Survey" and what they are asking for is after a hearing
on such designation by the appropriate board. Now, what they are saying is
they don't want it to be arbitrary... somebody to arbitrarily say this, this
and this building, you have to have a public hearing purpose and you have
to say this is the historic building and this is why and you have got to give
the other side the opportunity to challenge it. "After the owner of such
structure apart thereof has received due notice of such hearing, which is
only fair and an opportunity to present it's side of the issue. Now, is there
a problem with that?
Ms. Parks: No, I'm saying I think that's only fair. I really don't have a
problem. However, there is one problem in the wording. There is no appropriate
board because we don't have an ordinance yet. So, it should be held by the
City of Miami Commission.
Mayor Ferre: Fine. Or an appropriate board, because when the appropriate
board comes in, then it should do it. Bob, is that acceptable to you?
"By an appropriate board and in it's absence the City of Miami Commission".
Ok? Is that acceptable to you Miller? Anybody have a problem with that?
So, that in other words, after the... in the correction "appropriate by the
City of Miami Commission or the appropriate board or commission". Is that
acceptable? Alright, anything else Arva?
Ms. Parks: Alright, number three, I think improves it.
Mayor Ferre: What?
Ms. Parks: I think number three, his suggestion number three clears it up
and makes it much better.
Mayor Ferre: Ok, anybody object to Item 3? You got any problems with three?
Anybody have problems with three? Joyce? Speak up now? Alright, so we are
now through one, two and three. Now, we are to four.
Ms. Parks: Alright, number four, the parts thereof, again, it's moot, is it
not if we are going to put it one way? Schematically correct to use it twice.
Mayor Ferre: Now, we are on five. Now, this is where you get to the issue.
Ms. Parks: Alright, this is where we need the teeth in the tiger. I think
what we have done by adding the first public hearing is that we have given
an additional opportunity to argue and as the... it's puts some of the burden
on the community about the historic nature of this building about the
designation. So, that I think answers some of the process.
Mayor Ferre: Well, let's speak specifically to the language, "and undue
economic hardship would result which destroys or substantially impairs".
Ms. Parks: There is a wide body of preservation law throughout the Country,
including the United States Supreme Court decision. Mr. Percy can speak to
this much better than I, but there is a standard that is used in most
preservation ordinances now throughout the Country because it is a legally
sound standard. The courts have already said it is fair, it is right. Therefore,
to put any less standard than the accepted national standard in which there is
23
r
t
already case law seems inappropriate in this case and perhaps Mr. Percy can speak
to that much better than I.
Mr. Percy: Of the changes proposed by Mr. Traurig, the seven items, five and
six are the ones that we take exception to and I would concur with Ms. Parks,
in that, that attempts to dilute or diminish the standard that the Supreme
Court of the United States have recognized in a recent preservation case and
throughout... most of the cases in dealing with zoning in the State of Florida
particularly have the exact standard and we would strenuously object to the
inclusion of points five and six.
Mayor Ferre: Well, now, Bob? Is Mr. Traurig... This is the real substance
of the issue and that is in your wording in items five and six and that is
that by adding "or substantially impair" and in item six "and a beneficial
use or value of the.property", you are now inserting language which is untested.
the problem is that if we insert it, are we in anyway weakening the legal
standing of this thing. Now, if.you can convince this Commission that it
doesn't impair the legal standing, then I think I have no problems accepting
it. If it does impair in the legal standing as determined by a lot of law
on this, then I think we have a problem. Because in effect, by putting in
words that are not legally safe we may be just really killing the whole thing.
Mr. Traurig: Mr. Mayor, when they talk about that large body of law they are
talking about the Penn Central case involving, rather the.., yes, Penn Central
case involving grand central terminal and that was an entirely different kind
of a situation. In that case the railroad was arguing that they didn't have
any use of the property and that they were entitled to substantial damages
etc., and they didn't deal with the question of substantial impairment and
they didn't deal with the question of compatibility of surrounding structures
and they only dealt with the inverse condemnation aspects of it. I disagree
with Mr. Percy who is a good friend and for whom I have great respect. I just
think he is wrong on whether or not the use of the words "substantially impairs"
will tear the guts out of an ordinance, it won't. It will give protection to
the people who's rights are being affected by this ordinance and I think they
are entitled to that protection. The mere fact that no case has yet determined
what substantially impairs means in this context doesn't mean that the words
are bad and we urge you to give the protection to a property owner who's rights
you are trying to change. I think that it "substantially impairs are absolutely
valid words to give that kind of protection.
Mayor Ferre: Alright?
Mr. Dawkins: Mr. Mayor?
Mayor Ferre: Yes, sir.
Mr. Dawkins: Mr. Percy, in your legal opinion again, would you still say
after hearing Mr. Traurig, that you feel that this language would impair or
destroy this ordinance?
Mr. Percy: Ok, Commissioner, I'm not persuaded by Mr. Traurig's argument
and the standard that we have been discussing is identical to the zoning
standards as well as the pronouncement in the Supreme Court Case involving
the Penn Central Building.
Mayor Ferre: Alright, now we have a tradition in this Commission, it's been
violated once or twice, but not very often that I have seen in twelve years
that when the City Attorney gives us a legal ruling on something that we
kind of go by that. Now, Bob, I think all of us and I am only speaking for
myself, want to make sure that the Sears and Cadillac Fairview people don't
feel an unfriendlyness on the part of this City and on the contrarf that we
are very anxious to see the move ahead in their proposed expansion of which
I think would be very beneficial to the City. On the other hand I think we
have a kind of a fiduciary reponsibility here not to get involved in passing
a historic preservation ordinance that doesn't have any teeth in it. And since
we have a legal ruling now on the part of the City Attorney, that by inserting
"or substantially impairs or value", that, that might cause legal damage. I
cannot make that judgement. It doesn't make any sense to me, but on the other
hand I can't substitute my knowledge of the law for that of our City Attorney.
Mr. Traurig: Mr. Mayor, we don't quarrel with that position. We respect
the City Attorney and the office of the City Attorney and we know that the
Commission has to rely upon the advice given by the City Attorney even though
24 MAR 2 5 11932
I f t
we disagree and may challenge that at some point. And this Commission has
already given us assurance that you will be fair and objective when the whole
subject comes before you for a substantive evaluation and for a decision as to
whether or not we have the right to demolish. So, we want to assure you that
we feel that this City has treated us very fairly in this issue.
Mayor Ferre: Alright, are there any other questions with regards to items
five or six?
Mr. Dawkins: I would like to make a statement.
Mayor Ferre: Alright, go ahead.
Mr. Dawkins: I, too, Mr. Traurig, feel that we have to respect the right of
the City Attorney as much as yours and I, too feel that if you still feel
that this is an error, that it should be challenged and that judge should be
the one who -decides who is correct, you or the City Attorney. I have no problems
with that. The second thing is, I wish to convey to the Sears people and the
developers that... and I think I speak for the Commission. we in no way
want to prevent the development of the property. We in no way wish to prevent
Sears from remaining in the Downtown area providing jobs and economy for this
area, but as stated before there are certain guidelines that we have to follow
and in so doing we should hope that at the end all of us will come out of this
with some that we all can live with.
Mayor Ferre: Alright, now, we are down to item 7.
Ms. Parks: The last... that particular paragraph has a very subjective decision
anyway. We are never reasonable, it's going to be done whether it's in there
or not.
Mayor Ferre: Well, has to be reasonable... that's acceptable, then.
Ms. Parks: Well, I would just like to say too, that... a message to the
Sears people and Cadillac Fairview to echo what the Commission said. There
has been no one here that in anyway has wanted to stop Cadillac Fairview or
Sears from the this very worthwhile project and we are very pleased that
hopefully we will get a chance to sit and meet with them and convey this
personally.
Mayor Ferre: Very good. Alright, now, the attorney from Sears had some
language that he wanted to insert. Yes, sir.
Mr. Houck: If you are working from Mr. Traurig's draft where he has the number
six,...
Mayor Ferre: Yes, sir.
Mr. Houck: ... I would like to put a six(a) on the list of request.
Mayor Ferre: Alright, tell me how it reads.
Mr. Houck: After the words "of property"...
Mayor Ferre: Of property, yes.
Mr. Houck: ..."or would require the...
Mayor Ferre: Excuse me, "of property at the sole discretion of the Miami City
Commission".
Mr. Houck: Yes, yes, that... we want that in.
Mayor Ferre: Ok, because that was Plummer's request.
Mr. Houck: But the addition would be "or would require the expenditure of
substantial sums of money to maintain the structure.
Mayor Ferre: Now, let me get this right. "or would require substantial sums
of money to maintain the structure".
Mr. Houck: And that would be added as a six(a), two words after the six on
your...
25
MAR 2 5 1982
I
Mayor Ferre: You are just adding a little spice to the thing.
Mr. Houck: Well, the point is, is that the project may or may not go through.
We have got an extremely old building down there and that it could be somewhere
down the road. We have no immediate plans, that it is so expensive to maintain
that we can't use it and we can't tear it down.
Mayor Ferre: Arva, if you will forgive my... and please... I don't mean to
belittle your... you know, you know he has come all the way from Atlanta and
he is.... Sears is a well managed company and he has to justify that he has
come down here and he has added something which I think is important and I
don't think it changes the meaning. Does it? Terry?
Mr. Percy: Mr. Mayor, what it does, it gives us another layer stand, another
tier of consideration and if the Commission is... were to adopt what he is
suggesting you would have to do so for the ordinance you are going to consider
this afternoon. It have to be applied City wide that same standard and that
will be less than the one that the community presently would abide by.
Mayor Ferre: Counselor, I think what happens is that we get stuck in this
legal aspect all over again. See, there is some law that has been established
evidently and our attorney says that we have got to stick by the wording as
been accepted by the courts and for us to tamper with that we are going to
get into trouble. So, the only thing that I would say to Sears is I think
that the... this Commission does not really want to hurt the project and you
are just going to have to have faith that at the public hearing we will be
fair and... I think the best protection that you have is Plummer's insertion
"at the Sole discretion of the Miami City Commission and I think that, that
kind of ties it to what the Commission is going to decide, hopefully.
Mr. Houck: My only comment about the Penn Central Case. which I have read
again in the last twenty-four hours and it's a fifty page opinion and it's
a difficult opinion and I think you share that view, is that they precluded
Pen Central from entering into a lease that was going to provide them with
three million dollars a year for seventy-five years and said that, that did
not destroy the usefulness of it, and... but that's certainly my opinion
an undue economic hardship.
Mayor Ferre: But you are a lawyer and I'm not a lawyer and there is nobody
here on this Commission that is a lawyer, so we depend on our City Attorney
to give us guidance on the legal language and he says that he would feel
safer if the language completely parallel that which has already been accepted
by the courts.
Mr. Houck: Well, I can't argue with another lawyers opinion, I might not
agree with it, but I can't argue it.
Mayor Ferre: Ok, now, we have then, as I understand it for the record, accepted
the changes in one, two, three, four, and seven with the modification that
in item two after the word "held by" we add "the City of Miami Commission or
the appropriate board". Other than that the others are acceptable and there
is also, let the record reflect after... in the bottom of Paragraph "A" after
the "use of property, at the sole discretion of the Miami City Commission".
Is there further discussion on this?
Mr. Plummer: Mr. Percy, give me assurances of this wording here. Who will
make the determination as to what is of historic significance.
Mr. Percy: The Commission or the board that's established under companion
ordinance.
Mr. Plummer: It says here, "as determined by the Dade County Historic Survey".
Who establishes the Dade County Historic Survey?
Mayor Ferre: But J. L., it says after a hearing on such designation...
Mr. Plummer: No, no.
Mayor Ferre: ... that's been held by the City of Miami Commission or...
Mr. Plummer: That's for a permit, Mr. Mayor. Who from the inception establishes
what is a historic site and is not:
26 MAR 2 5 1982
t 0
Mr. Percy: Ok, we have...
Ms. Parks: Commissioner Plummer, we will bring to you reports on four building
which have been identified by the Dade County Historic Survey as being historic,
but you will decide whether or not...
Mr. Plummer: Who does that historic survey?
Ms. Parks: It's done by the County. It's County wide according to standards
established by the State of Florida. So, that will begin, that will be the
beginning point. We will bring that to you and you will either agree with
it or not agree with it.
Mr. Plummer: Alright, so, in other words, this Commission then retains the
right before it goes on the zoning maps as to what goes and what does not?
Ms. Parks: That's right.
Mr. Plummer: Ok, because the damager there is that they just, you know, say
that forty-seven thousand buildings are now consider historic sites and you
know, the way these things go with municipal operation within a year every
structure in this community will be a historic site. Well, you laugh, you
have seen it to be true. You are laughing out of...
Mr. Traurig: They have already done that Mr. Plummer.
Mr. Plummer: What?
Mr. Traurig: They have already made the designations without notice to the
property owners of those forty-seven thousand structures.
Mr. Plummer: Robert, I love you dearly, but I love the right of this Commission
to make that determination and that's all I'm trying to do, is to make sure
that this Commission retains the say as to what is historic and what is not.
Mayor Ferre: So, how do you want to correct it, Plummer?
Mr. Plummer: No, it's covered there. The wording is ample and I want it
on the record that this Commission will make that determination, not a
County Board.
Mayor Ferre: Alright, further discussion on this ordinance as amended?
Mr. Percy: The ordinance has been adopted Mr. Mayor. This page that we have
been considering today is an expression of the Commission's intent on the
inclusion of Section 8. So, I would like a motion accepting this language
to interlineate it with the ordinance previously adopted.
Mayor Ferre: Alright, is there such a motion?
Mr. Plummer: So move.
Mayor Ferre: Moved by Plummer, is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion? This item has been moved and seconded as
expressed by our City Attorney. Call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 82-269
A MOTION OF THE CITY COMMISSION EXPRESSING ITS ACCEPTANCE OF TIM
PROPOSED LANGUAGE TO BE INSERTED AS SECTION 8(a) OF 0RD.9382 (PREVIOUS-
LY PASSED AND ADOPTED SY THE CITY Coml,ISSION AT ITS !'FETING OF MARCH
16, 1982) WHICH LANGUAGE SHALL CONSTITUTE PAGE 13 OF THE AFOREMENTIONED
ORDINANCE AND SHALL READ AS FOLLDWS:
27 MAP 2 5 1982
Ob.i 1W
t
FA
Aide dteb-sff_lease pre reaueated ►y trivet*
develatsest,minimum setbacks sad sidevalt develop•
seat standard$ shall be adjusted to eespeneste for,
the less of sidewalk area.
b BISTORIC 111321VATION
demolition potmit .ball be issued by the luildiat_
Department for any 9tructurs, or parts thereof, of mason
stinifiesses in local histery or architectural hister-y._
as determined bt the trade County Nistotic Survey,
after a beariat en sueh deeitnation has been held by
the City of -Miami Cossission or the atpropriste loard
or Commission, after the owner of such structure of
tart thereof ties received dux nottee of sues hearisi
and an opportuoity to present avideaee tbeteat. sales
the City Commission has first approved ouch demolition
folloviot a Public Beariat. The City Coseistioa may
at say ties initiate and/or accelerate a Public Bearial
on the approval of sueb desolition. provided tbst prier
thereto the developer aboll seat vitb sod discuss the_
_proposed desolitien with all interested parties. as
determined by the City of Miami Platelet Department.
The purpose of such Public Reariat to to ensure that
structures, or pasta tbereef. of salor historic sit-
sificonem are preserved for the ►ealtb. eresperity.
education and welfare of the people of Miami unless
an sadue oeosesit hardship wevld result which destteye
ressenable and beneficial one of property. at the sole
discretion of the Miami City Commission. the luildiat
Department #bell record such structures on the official_
son Ins, sane..
(Wording of Section 8(a) of Ord. 9382 (cont'd)I
(►) Whatever teaaonable,susrsuadisa development shall respect
the scale aad character of structures of valor historic
sitnificesce: aad where seeessary to achieve this oblect
tve. the Vrbaa Development Review Board say recommend
variances to any provisioos of thin erdinence.
(!) 2211-TEROUCR CORRIDORS
suildiat tovers to excess of one hundred (100) feet in
elevation shall ►s located and oriented wherever
sit aeonfisuratton will permit to
Upon being seconded by Commissioner Carollo, the motion was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
ViceMayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
28 MAR 2 5 1982
Mayor Ferre: Alright, Mr. Zellman, is he still... are we clear now on the
covenant, Mr. Zellman?
Mr. Zellman: There was a question about one word which Mr. Whipple was going
to show the Assistant City Attorney and then I'm trying to get it sign, Mr.
Mayor. I may need about five more minutes or so.
Mayor Ferre: Alright, now there are a group of people that are here on Item
6 and I have been request... Yes, sir?
Mr. Traurig: Mr. Mayor, can I just ask what you adopted just now. Did you
adopt any of changes that we had suggested?
Mayor Ferre: Yes, we adopted one, two, three, four and seven, and as discussed.
Mr. Traurig: Yes, thank you.
7. APPLICATION BY BEBER, SILVERSTEIN, ET. AL & THE OPERA
GUILD OF GREATER MIAHI TO CHANGE ZONING AT APPROXI11ATELY
1187-1193 S.W. 22 TERRACE FROM R-2 TO R-C.
Mayor Ferre: Alright, we are now...I have a note that a citizen sent me.
It says on Item #6 there are fourteen people here who are property owners
and who are opposed to this petition and these are working people who have
took time from their jobs and would like to go back to their jobs, could
accelerate Item 6. Does anybody have any objections to our going to Item #6?
Does anybody have any objections so that we can get some of these people back
on the job.
Mr. Plummer: Are the applicants here?
Mayor Ferre: Is the applicant here for Item 6?
(COMMENT INAUDIBLE)
Mayor Ferre: Yes, that's the opera. And you represent them?
Mr. Traurig: Yes, sir.
Mayor Ferre: How many have you got today Bob?
Mr. Traurig: Well, we will take them one at a time, sir.
Mayor Ferre: Alright, sir. We are now on Item 6. This is an ordinance on
first reading and the applicant is Beber, Silverstein and the Opera Guild
and this is the Greater Miami opera Association that wants to change zoning
on 22nd Terrace from R-2 to R-C. This was... the Planning Department recommended
denial and the Board recommended denial six to one. Alright, we are now on
Item 6.
Mr. Traurig: Mr. Mayor and members,...
Mayor Ferre: No, wait a minute, let's hear from the staff first.
Mr. Whipple: Mr. Mayor, the reason for recommending denial of this item, is that
we feel this is a undue commercial type encroachment into a residential area.
As you will note from the map on the board the property on both. sides of the
terrace is zoned for duplex development. There is a considerable concern
with traffic in the area now as you might hear from the neighbors today. There
is parking all along the street. There is a lot of congestion caused by
other parking lot areas and development along 3rd Avenue. So, on that basis
we recommended the denial.
Mr. Robert Traurig: Mr. Mayor, for the record, my name is Robert H. Traurig.
I'm an attorney at law. I represent the opera associatior. and I'm joined here
by Mr. Bob Herman, the Executive Director of the association. This is a very
29 MAR 2 5 1982
T
difficult presentation to make. You are looking at the faces of a lot of people
who will stand before you in just a few minutes to declare how they have been
impacted by very substantial parking problems on 22nd Terrace and we understand
that and we understand the emotionalism that was expressed at the Zoning Board
hearing. By way of background the Greater Miami Opera Association conducts it's
business in a very beautiful structure on at five points. At Coral Way, 3rd
Avenue, 12th Avenue, right at that intersection immediately to the Northeast
of the Beber, Silverstein Property and all of that property is reflected in the
blue on the map that's on the screen. We had growing pains. We make a major
contribution to the cultural life of South Florida and we have need to continue
to expand the services that we render to the entire community. That need demands
either that we provide some on site expansion or contiguous expansion or else
that we have to find a new home somewhere and because it is very difficult to
provide the services to the commumity within the budgets that are presently
available the relocation to a different area perhaps outside the City limits
or somewhere else in the general community is really not in sight at the
present time. But there are a lot of conflicting objectives here. For example,
if you look at your map in the far right hand corner you will see the R-2
zone next to the transit area and the truth of the matter is you have got a
major station planned for this area. And that Viscaya Station will impact
that area to the East of us. Now, I know that the station may not be built
immediately and that there are some question about you know, what will occur
within the station area, but if you will look at the SADD relating to the
Viscaya Station, it doesn't reflect that this area be developed for an exnan.sion
of offices, but it does reflect that there is within that portion of this area
that's shown as the Southeasterly portion of "A" on recommended land use for
the station area design and development, that there would be a build up of
intensity in the form of more multi -family dwellings, etc. But our problem is
this, we are presently in the C-2 area. The lots that are affected by this
application are the lots 24, 25, and 26. 24 and 25 are lots owned by Beber,
Silverstein. Beber, Silverstein, itself bought the Bishop, Green, Fielden
Property on 3rd Avenue and has had a major expansion and it serves a number
of large institutional clients, including some governmental clients and has had
the need to expand and has, I guess abused that by some of the employees who
couldn't fine parking spaces else where, parking on 22nd Terrace and it's impacted
these people and we know it and we can't avoid that kind of a criticism of
their operation and our operation and I don't really know the solution, except
that we are asking you to permit us on the North side of 22nd Terrace to rezone
that to R-C and tie those lots into the existing developments that are on
3rd Avenue and don't let any traffic come into our tracts off of 22nd Terrace
and confine our operations to the North side of 22nd Terrace with no driveways
and therefore everything has to come in off of 3rd Avenue. I will tell you
that Bob and those on his Board and Executive Committee are going to explore
other alternatives. But if he is to provide the services that we have grown
to expect he just has to have some expansion. It's a terrible dilemma, these
are awfully nice people. I believed everything I heard. I didn't make the
presentation at the Zoning Board. I believed everything I heard about the
abuses on 22nd Terrace. People parked in their driveways and prevented them
from getting into their own driveways and blocked their driveways, but we
can perhaps have some amelioration of that situation if we close all the
driveways into our property off of 22nd Terrace and have only the Coral Way
entrance. We urge you to consider this. I would like Bob to have an opportunity
to address you for just a moment. I just want to show you a visual of the area,
you can see it on your own map.
Mayor Ferre: Alright, Mr. Herman?
Mr. Bob Herman: Our primary and first usage of this area would be to make
additional parking spaces within the one lot that we have purchased and that
we would like to have rezoned and our intention there is to help get cars off
the street to help contain them so that we don't disturb the neighbors on
22nd Terrace. That's basically what I wanted to say. We are filling every
single inch of space that we have in our present building. We are perhaps
going to have to increase the size of that building, but that the new area
that we plan to use would be primarily just for parking and that's what
we really need it for.
Mayor Ferre: Alright, Bob, let me, let me... while you are up let me answer
and then we will get to the members of the Commission and then we will get
public input from the neighbors. Let me say to you that this is not a new
problem. This is a problem that goes all along Coral Way and for twelve
years that I have sat here either as Mayor or a member of the Commission, time
after time there is a problem because along the commercial strip along Coral
Way right behind you have got people living there in hcuses and continually
we have the problem that the people who have businesses or buildings along
30 M,�,c; 25 1982
Coral Way want to build new and bigger structures. They want to demolish the
single story building and put up a bigger structure and variably that creates
a problem with the neighbors in the back and it's time and time and time again.
Now, we had a similar situation and I think... I don't think it was Bob, I
think Marty Fine represented the United Way or was it you? Yes, Marty came
here representing the United Way. United Way had an identical problem. It
had... I mean, who can argue against the United Way. United way is a wonderful
organization and they do wonderful... you know, they do a lot of good things
for this community. Now, they also wanted to... they had parking problems.
They wanted to rezone the property right behind them and the neighbors were
objected. Now, that thing passed. I voted against it. At lot of people said
"well, how can you vote against United Way". Well, I wasn't voting against
the United Way. I was voting on the premise of the right of people and their
neighbors to have peace and quiet. Now, you know, I'm sorry, the United Way
building was zoned properly, they moved in. They need to grow, then they needed
and expansion and then they infringe on the residential neighborhood. Now,
I think that when there is an over-riding social issue that affects all of
the City, then the neighbors have to take a secondary position, unfortunately.
It's always tragic. It's always sad. If however, there is not an overriding
community issue, then I think a man's castle is his home and he really ought
to have the protection of the government from the infringement even of good
things such as the United Way and the Greater Miami Opera Guild. Now, in
conclusion, let me put it to you this way. My vote today will be predicated
on the premise if I am convinced that by granting you what you are asking we
are further safeguarding the well-being of the neighborhood, then I would be
incline to vote in that way. If I on the other hand think that what you are
going to be doing is deteriorating the quality of life of the neighborhood,
unless there is an overriding social issue, then I can't vote with the request.
Now, I think where we really... where you have to convince the neighbors and
then the Commission, is that by your getting this you are really going to
be helping the neighborhood rather than hurting it. They preceive that you
are going to be hurting the neighborhood. Now, if you can, if you can convince
this Commission that by limiting access along 22nd Terrace and by granting more
parking in an area where there is no parking today, you in effect will be
keeping people from parking in their front lawns, then I think you have a...
as I sense it, you might have a chance here. Otherwise, if it's not going
to solve their problem and they are going to continue to have parking in
front of their homes and you were further making an incursion into the
residential character. Now, the last issue is and I think it's something that
we are going to have to very carefully weigh in all of this. There is an
intrusion of a new element which is
evil .. • - -
�,y„as,..,......_. �r-•ttta�r+hes•�tas - - .::�.s;..•_._ -:...� ...: ,.,ir.
(Cont'd)
Mayor Ferre: this is different from the Unit Way petition. In the
United Way, then was no change. In this particular area there's going
to be a new station. That new station, would you point your finger where
it's going to be? That new station, in my opinion, is going to completely
change the residential character of that neighborhood; and the fact is
that the zoning provision provides in this certain vecinity for that area
to go to a more dense, for more density. where is the more dense area
going to be? So if the station gets built that whole area is going to
be changed whether the neighbors want it or don't want it because it's
going to be impacted by that station. So we're in for some substantial
changes in that area anyway. And those are the two overiding conditions
as I see them. Now having said that, I'll open it up for other members
of the Commission if they have questions or statements they want to make,
and then -we'll hear from the neighbors. Anybody have any questions, state-
ments? All right, how many of the neighbors wish to speak and before you
do that let me, ... you've heard what's been said here, you've heard my
statement. I would like for you to try to get a spokesperson, or maybe
two or three and not have 14 people speak because otherwise we'll be here
for two hours. And the second thing I want is for you not to repeat the
same thing over and over again, because once somebody says it the fact that
two people or ten people say it isn't going to make any difference. O.K.,
with that now, how many want to speak? One, two, three, four, all right,
why don't you start, start right up here. You've got three minutes, make
your statement.
Mr. Brown: My name is Sid Brown, Mr. Mayor and Commissioners, we have a
very big problem in this area as you've already heard. Now, this gentleman
representing the opera guild says that by putting the driveways on 3rd
Avenue would aleviate our traffic problem. We're not interested in traffic
problem as much as parking problem.
Mayor Ferre: Mr. Brown, let me interupt you for a moment. Ladies and
gentlemen, it is now 11:00 O'clock. It is the Commission's new rules
that we break up at 12:00 O'clock. Now, it is my opinion that we're,
after this we're going to take up this police matter dealing with South
Florida Products and the buying of uniforms and what have you and guns
from that company. And we'll probably get through item 3, hopefully.
I do not think we'll get to item 4. So those of you that are here, how
many of you are here for item 4 or other issues beyond 4? I'm afraid we're
not going to get to those issues until the 2:00 O'clock session. Does
anybody have any hardship at returning at 2 O'clock? Does anybody have
any hardship? Yes, sir. Your name, the item, and the hardship.
(INAUDIBLE COMMENTS)
Mayor Ferre: Item Number?... It em number 10 on the agenda, yes, sir.
(INAUDIBLE COMMENTS)
Mayor Ferre: I think item 10 is a non -controversial issue, does anyone
here object to item 10? I think we can asure you that we'll get item 10.
Yz.Carollo: Mr. Mayor, I so move Item 10.
Mayor Ferre: Is there anybody here who as any objections to item 10 which is
a plat entitled Izquierdo Subdivision?
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
8. PLAT ACCEPTANCE - IZQUIERDO SUBDIVISIO:?
RESOLUTION NO. 82-270
A RESOLUTION ACCEPTING THE PLAT ENTITLED "INZIERDO SUBDIVISION",
LOCATED AT NW 53 AVENUE AND NW 5 STREET.
- Plat and Street Committee Recommends Approval.
- Zoning Board Recommends Approval.
(Here follows body of resolution, omitted herein and
on file in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was
32
MI,F 2 5 19 60
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
9. PLAT ACCEPTANCE - A.C. SUBDIVISION
Mayor Ferre: Item 12 is another Plat. Are there any objectors or any
problems with item 127
Mr. Carollo: I so move, Mr. Mayor.
Mr. Dawkins: Second.
Mayor Ferre: Moved and seconded; further discussion on item 127 Call
the roll.
Mr. Whipple: Mr. Mayor.
Mayor Ferre: Yes, sir. Hold on.
Mr. Whipple: I don't mean to interupt but there was discussion on the
board with respect to what was going to be provided. I think they're
prepared to answer that. But I think...
Mayor Ferre: Are you talking about item 10?
Mr. Whipple: 12.
Mayor Ferre: 12, all right, would you come to the microphone, tell us
for the record what it is that you're willing to do and we'll take it
from there.
Mr. Whipple: I stand corrected, that was taken care of at the last
meeting.
Mayor Ferre: It was taken care of, for the record.
Mr. Whipple: This was to formalize it. Yes, sir.
Mayor Ferre: Any further discussion on 12? Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82- 271
A RESOLUTION ACCEPTING THE PLAT ENTITLED "A.C.SUBDIVISIONu
LOCATED AT NW 32 STREET AND NORTH MIAMI AVENUE.
- Plat and Street Committee Recommends Approval.
- Zoning Board Recommends Approval.
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES. None.
ABSENT: Commissioner J. L. Plummer, Jr.
33
W AD �no�
Mr. Peryc: Mr yor, I've been advised by the V Clerk's office on
item 20 the CB1T-2 Ordinance, the City Clerk reports indicated that the
Section 11 we've been discussing, Section 8 rather, was deleted from the
City Commission vote at the last meeting, so we need to read that
Ordinance, have another vote, and read the Ordinance today to zip it
together.
Mayor Ferre: But that doesn't need to be done now.
Mr. Percy: O.K.
Mayor Ferre: O.K., go ahead.
Mr. Brown: One thing that comes to our mind is why...
Mayor Ferre: Mr. Brown, excuse me again, there's somebody that popped up.
Look, I gave you a chance, now why didn't you raise your hand before?
All right, what's your problem.
(INAUDIBLE CONSENTS)
10. PLAT ACCEPTANCE - B.W.P.. .ASSOCIAT_ES TRACT.
Mayor Ferre: All right, is there any problem on item 15 which is a plat?
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 82-272
A RESOLUTION ACCEPTING THE PLAT ENTITLED "B.W.R." ASSOCIATES TRACT",
LOCATED AT N.E. 44 STREET AND FEDERAL HIGHWAY.
-PLAT AND STREET COMMITTEE RECOMENDS APPROVAL -ZONING BOARD
RECOMMENDS APPROVAL.
(Here follows body of resolution, omitted herein and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Perez,
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
the resolution was passed
11. DENIAL OF APPLICATION BY BEi,E^., SILVE_^.STL•Iil, ET. AL. & T::L
OPERA GUILD OF GPXATER MIAMI TO CS:ANG:: ZONING AT APPrONIMATELY
1137 - 1193 S.W. 22nd TERRACZ FROM -2 TO a-C
Mayor Ferre: Now we're back to you, sir, and I apologize.
Mr. Brown: This petition states, 1187, which is an address of the house which is in
question now, 91 and 93 which are two parking lots. Now why where these brought in
to the petition, we don't know. Now the 91 and 93 belong to Beeper Silverman and it's
used as a parking area. The building standing is 1187, which the Opera Guild owns,
and this is the building that sooner or later or in time might tear down to make
it an entire parking aces out of,we don't know at the present,right now, they're
asking for R-C.
Mayor Ferre: All right, Bob, you'd better be listening to this because thst's
a specific request that has to be answered.
Mr. Brown: We also figured that the future intention of the Opera Build would be
to tear it down, and what is that building being used as now? We don't know, it's
just a blank building standing there that is being well kept and everything, but
we don't know what it is being used for. And when has the Opera Guild the right to
submit another petition if they lose this petition? Is it a couple of years? We
don't know these things either.
34 MAR 2 51982
V r
Mayor Ferre: All right, let's get the answer to those questions. Shall
we? Bob ... you ready to answer those questions?
Mr. Traurig: Regarding the utilization of property that I think Mr. Herman
answered
Mayor Ferre: Yea, the question is how are we going to utilize the building
and number two, would you tear it down and will it be used for parking?
Mr. Herman: At the present time we're using it for storage and for the
maintenance man for the opera building who lives in that building.
Mayor Ferre: Will you tear it down and will it be used...
Mr. Herman: Our intention is if and when we expand the size of the present
building on its present location, that then we would tear the house down
and add that as extra parking spaces.
Mayor Ferre: Could we make that... is that something that you're volunteering,
can we put that into this?
Mr. Percy: There can't be any conditions attached to change of zoning, Mr.
Mayor, except by voluntary covenant.
Mayor Ferre: All right, he's saying that he will volunteer a covenant, as
I understood it. Is that right, Bob?
Mr. Traurig: The answer is yes. We would submit to you a declaration of
restrictive covenants that substantively says exactly what Mr. Herman
said.
Mayor Ferre: Which is that when they expand the main building on twenty --
on third, right? that they would then demolish the property in the yellow
and make it into a parking area.
Mr. Brown: Can he answer the question about this 1187, which is the
building. 91 and 92, why was this brought into the petition?
Mr. Traurig: Are you talking about the Beber Silverstein property?
Mayor Ferre: Yes.
Mr. Brown: Wait a minute, let me just ask another thing. That is already
commercial. Now why are you requesting to change this to commercial zoning
when you already have two lots that are already commercial?
Mr. Traurig: To avoid spot zoning, we decided to include the whole
triangle rather than one lot.
Mayor Ferre: Who owns the property?
Mr. Traurig: Beber Silverstein.
Mayor Ferre: I see.
Mr. Brown: To me it was like misrepresenting.
Mayor Ferre: O.K. Anything else? All right, the next speaker then...
Mr. Lopez: My name is Julio Lopez, my parents own one of the properties
there. I have a list in my hard here of, a list in my hand of signatures
of property owners who are opposed to the changing of zone from R-2 to
R-C.
Mayor Ferre: O.K., I'll give it to the Clerk. All right, anything else?
Mr. Lopez: O.K. As pertaining to their building a parking lot, suppose
they build a parking lot on there, they would not aleviate anything to
the neighborhood. As it is some people who own there were doing remodeling
on the houses, were making them nicer, O.K. We know we have to flex for
progress, O.K., we're allowing small station there, O.K., and that itself
35
MAR 2 51982
r 41
Mr. Lopez: when it comes to life is going to present a problem with traffic
there in our neighborhood, O.K. Now, they want to change... if they make
that into a parking lot I honestly think that would not change in any way.
Beber Silverstein, there, as it's shown there, they have over fifty
employees or something they told us, O.K. Half of their employees can't
park inside their parking lot. They have to go outside into the street,
and they end up in our front doors, O.K., when the opera has rehearsals,
or has a full band session in there, they cannot use the parking lot inside.
That's the way it was up to... I don't know, maybe they changed, O.K.
They end up on our door steps, O.K., some of us have small apartments that
we rent to other people, they can't park their cars in front of their own
house; they have to go all the way down the block, or the other block behind
the park because there is no parking space. There is just no parking space.
One day I came home, I found a lady parked in my driveway. She was just
there: "Oh, I thought we owned all of this." Just like that. O.K., up
to now we've been kind enough, we haven't called the police. O.K., the
New World Art Festival Building which is right next to Beber Silverstein
there, they used to park the cars one behind the other, all small compact
cars and they used to clutter up all the way through the sidewalk, the
whole sidewalk was a wall, car to car; and if you wanted to get by there
you had to go out to the street, walk in the street, and then get back to
the sidewalk, because you could not cross the sidewalk, it was loaded with
cars. All right, and I don't think it's very nice for anybody just to
come out of the blues because they live in Bal Harbor or they live
wherever and somebody just come and park in front of your driveway,
they can't get in, can't get in your house, I mean, you know we pay
taxes just like everybody else. It's not fair. You know, they say they're
going to put a parking lot, O.K., they have a rehearsal of a hundred
musicians, supposing, they say they can put six cars in that parking lot.
Ninety-four cars are going to be left in the street, where are they going
to go? I'll tell you where they're going to go, they're going to end up
in our front door steps. They're going to end in our front door steps,
and that's not fair at all. Now they stick a parking lot in there, what
is all the money that we're spending into our houses to make them nice,
where is it all going to go? I don't think any of you would like to
live in front of a parking lot, would you? That's all I have to say.
Mayor Ferre: All right, thank you, next speaker.
Mr. Aurera: My name is Luis Aurera, I live at 1181 S.W. 22nd Terrace,
next door to the house that they want to tear down. They never mention
in that particular property, next to that property that they want to
tear down there is a wall all the way around against the house, and
they have I think a Florida Power Light Co. has a post right behind the
lot, and I think they have a piece of property over there, it's going
to be in the middle of that property if they tear down the house for
a parking lot. Now, another thing,
I don't like to be changing the zoning because it's residential and I
want to keep it that way: residential houses, not commercial or whatever
they're going to change it to. If you look at the map, they never mention
in the red line... I think it is the red line over there. My lot is number
28 I think, I'm 22nd Terrace, right. There is no access at all to use
the parking lot in the yellow side because there is a wall all the way
around the area. And that belongs to the other building that is already
commercial. Thank you.
Mayor Ferre: All right, next speaker. Are there any other speakers?
All right, now from the Commission, are there any other questions?
Oh, yes, ma'am.
Ms. Esabido: My name is Maria Esabido.
Mayor Ferre: I can't hear a word you're saying.
Ms. Esabido: My name is Maria Esabido. I live at 1111 S.W. 22nd Terrace
and I do think that these people tearing down that little house... it will
be no solution to their problem. It's a very, very, very small lot. So
you said maybe very soon, the zoning will be changed because of the station,
so will you let us enjoy living like we are right now. We don't know what's
going to be in the future, right? Thank you.
6
MAR 2 5 1982
Mayor Ferre: All right, questions from the Commission. Is there a motion?
Mr. Plummer: Mr. Mayor, in questions to either Bob. My understanding, if
correct, this subject property is only to be used for parking, is that
correct?
Mr. Traurig: I think that Bob's answer is that at the present time the
house is used for storage; and in the future, if expansion occurs and the
house comes down, it would only be used for parking.
Mr. Plummer: All right, so in other words, the cross -hatched property
as it exists on the map, whether now or in the future would be used just
for parking.
Mr. Traurig: The answer is yes.
Mr. Plummer: All right, now we have no idea, nor I think do you as to the
expansion that you will do. What will that expansion to the department...
my understanding the way it is now, they don't have sufficient parking
if they were to build a new building the way it is now. What happens in
the future it seems like they're automatically starring at a variance because
the building that they have now would not comply with parking. Are we not
complicating matters by this for parking and then later when they come for
an expansion of the thing, it's going to be further complicated.
Mr. Whipple: Two things, Commissioner Plummer, one is, we've got to remember
what they just stated. It is being used for storage. Number two, if they
do go into expansion, they'll either have to seek relief through a variance
process or they will have to secure some area someplace else within certain
number of feet by which to provide the parking for the new section and also
bring the old building up to code as far as parking.
Mr. Plummer: Mr. Whipple, Mr. Whipple, if in fact what they are trying to
do is to seek relief for themselves as well as the neighborhood, why couldn't
we approach this area in the yellow hatched as a conditional use for parking
only?
Mr. Whipple: Well, that could be done if they remove the building and
remove what in essence is improper use in the structure now.
Mr. Plummer: Well, but in other words you could in fact under conditional
use would allow them to tear it down.
Mr. Whipple: Yes, sir.
Mr. Plummer: And use it just for parking.
Mr. Whipple: That could be under conditional use, yes, sir.
Mayor Ferre: Further questions?
Mr. Perez: Mr. Whipple, how many square feet are involved in this requested
change?
Mr. Whipple: In the land area, sir, or in the building?... If you'll give
me a second, I'll check the file.
Mr. Dawkins: While you're checking that, Mr. Whipple, tell me how many
parking spaces can go in that area, please, while you're checking that
area.
Mr. Whipple: I could probably give you a better figure once I have the
square footage, sir.
(INAUDIBLE COMMENTS FROM THE COMMISSION)
Mr. Whipple: The lot size is a little over, not the lot size, the triangle
is a little over 19,000 square feet. Assuming a front set back of 20 feet
required of conditional use parking, would take off approximately 4,000
square feet, leaving let's say for easy figuring 16,000; so I'd say the
maximum number of cars would be somewhere in the vecinity of 20, perhaps
3'7
MAR 2 51982
Mr. Whipple: (CONTINUED) a little less because of the shape of the lot.
Mayor Ferre: Twenty.
Mr. Plummer: But that's twenty cars that wouldn't have to be parked in
front of other people's houses, correct?
Mr. Whipple: Yes, six, in part.
Mr. Plummer: Yea, well, I'm just...
Mayor Ferre: Further questions from the Commission? All right, what's...
Mr. Whipple: I'm sorry, I miscalculated on my division, that's something
less than forty cars, not twenty.
Mayor Ferre: Less than forty.
Mr. Whipple: Right.
Mr. Plummer: Well, but the point I'm trying to...
Mayor Ferre: More than twenty then.
Mr. Whipple: Yes, sir, I made a miscalculation.
Mr. Plummer: The point I'm ...
Mr. Whipple: It would actually allow something less than forty and I'm
saying less than forty because of the triangular shape.
Mr. Plummer: Mr. Mayor, what I'm trying to say is that if in fact what
they are expressing they want to use that for parking, and there would
be no ingress or egress from the 22nd Terrace side, there would be forty
cars that, approximately, that could park in that cross hatched section
that today have to park out on the street. That's all I'm saying.
Mayor Ferre: All right, I'm going to give him a chance to answer that
in a moment, but let's see if there are any other questions from the
other members of the Commission.
Mr. Plummer: Sure, if I'm wrong, I'm wrong.
Mayor Ferre: Any other questions? All right, Mr. Brown, why don't you
answer that on behalf of the neighbors.
Mr. Brown: Mr. Plummer is wrong, that yellow section is parking now. You
think that's an empty lot, I can't follow you at all, that yellow section
is the parking for Beber.
Mr. Plummer: They're using that for parking?
Mr. Brown: That's the twenty cars that park in there. There's nothing there
to be torn down. That's all...
Mayor Ferre: O.K., O.K.
Mr. Brown: Two of those lots are the other two that they mentioned.
Mayor Ferre: There is one small house other than that, it's used for
parking now.
Mr. Brown: Next to the yellow, the red, the little red section, yea.
Mayor Ferre: O.K., that's been clarified, O.K.?
Mr. Plummer: Mr. Whipple, where is the house presently, show me where the
house is that's proposed to be torn down.
(INAUDIBLE COMMENTS)
38
MAR, 2 51982
i
Mayor Ferre: No, that's 27th.
(INAUDIBLE COMMENTS)
Mayor Ferre: All right, the applicant.
(INAUDIBLE COMMENTS)
Mr. Plummer: Well, 27th is not part of the application.
Mr. Whipple: We're having the file checked.
Mr. Plummer: What I'm looking at here, 27th is not part of the application.
Mayor Ferre: Mr. Herman, could you clarify which...
Mr. Herman: That's correct, he's pointing to the correct area to where the
house now exists.
Mayor Ferre: In lot 26.
Mr. Whipple: It is lot 26, we have the survey in the file.
Mayor Ferre: It is lot 26. That's where the house is. All right, now,
are there any other questions by members of the Commission, now that
we have that clear? (PAUSE) Yes, sir. (PAUSE) Yes, you may. (PAUSE)
What is it?
Mr. Lopez: Sir, the hatched area you see up there, all right, the previous
two corners, those two are already parking lots.
Mayor Ferre: That's already been clarified.
Mr. Lopez: O.K., but wait a minute, O.K. He's saying that you can fit
forty cars in a lot size 50 X 117, you've got to be crazy!
Mr. Plummer: No, no, no. That isn't what I said, sir.
Mayor Ferre: That isn't what he said either.
Mr. Plummer: That's not what I said, sir.
Mr. Lopez: Well, whoever said it, you've got to be crazy. Fifty by seventeen!!
Mr. Plummer: What I'm saying... sir... sir... would you listen to me? What
I'm saying to you is that the total area combined, the cross hatched area,
I am being told could handle less, forty or less cars. Is that correct, Mr.
Whipple? Straighten it out...
(INAUDIBLE COMMENTS)
Mayor Ferre: Just wait a moment, wait a moment...
Mr. Plummer: Mr. Whipple, if on lot 26, that were to be given conditional
use, just lot 26 individually, how many additional parking spaces could
be provided?
Mr. Whipple: Let me check the survey and I'll give you a ...(PAUSE)
I would guess up... no that's wrong, I've got to take 23 feet off (PAUSE)
it would probably be about nine or ten cars, sir.
Mr. Plummer: O.K., thank you.
Mr. Whipple: By itself.
Mayor Ferre: All right, we've got to move along now, I think this has been
fairly well clarified. Now, is there a motion... we've got to do something
on this...
Mr. Dawkins: I move that we follow the recommendation of the Zoning Board,
the Planning Department and the Zoning that they be denied the application.
Mayor Ferre: Is there a second? Is there a second?
9
MAR 2 51982
Mr. Carollo: Clsecond the motion.
Mayor Ferre: All right, is there further discussion? Read the ordinance.
Mr. Plummer: You don't have to read to deny.
Mr. Percy: Was that a motion to deny, Mr. Mayor?
Mayor Ferre: Yes. You don't need to read the Ordinance.
Mr. Percy: No, sir.
Mayor Ferre: All right, it's a motion for denial, is there further discussion,
call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption. MOTION 82-273
A MOTION OF THE CITY COMMISSION DENYING OF REQUFST MADE BY BEBER SILVERSTEIN,
et al., AND THE OPERA GUILD OF GREATER MIAMI OPERA,INC.d/b/a/ MIAMI OPERATION
ASSOCIATION, FOR A ChANGE OF ZONING AT APPROXIMATELY 1187-1193 S.W. 22 TERR.
FROM R-2 TO R-C.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
Mayor Ferre: (ON ROLL CALL) My vote is obviously redundant because we've
got four votes already, but let me, Bob, so you understand, for the record.
I think that this whole area is going to be changed in the next few years
anyway. As that occurs, when you are ready to make your additions since
you have a problem anyway which is not solved by this; if you would reapply
at that time with a definitive answer, I think that the Commission would
be much more receptive to try to help out and solve the problem. I don't
think that by us voting for the rezoning at this time, it solves your problem.
And so I would hope that this is not an unfriendly act to the Miami Opera.
We have high regard, you know we were instrumental and helpful in the
festival, and we think you're wonderful citizens, we want to keep you here.
We don't want you moving off to Coral Gables, or some other place. But
I think that this does not solve the problem, so I vote with the majority.
All right, Mr. Manager, we have item No. 1, is Mr. Zelman ready now?
Mr. Plummer: Did you all understand?
Mr. Gary: They say thank you.
Mr. Plummer: John, how are you?
12. GRAI'T REQUEST BY CENTRAL BARB, 6 IRVONA PFOPrRTIES TO
C''r:AI'Gr 'ONIIIG CLASSIFICATIOU OF APP^.OXIMAILIZLY 2661-2665
S. £AYSIIOILa DRIV: F^OM R-4 TO R-C.
Mayor Ferre: Mr. Zelman, we must move along, so, if you have you...
Mr. Zelman: Mr. Mayor, we have our covenant, and it's all been executed,
it's been agreed to by the City Attorney, the Assistant City Attorney,
by the City Manager, by the Planning Department...
Mayor Ferre: Mr. City Attorney, on the record, is this acceptable to you?
Mr. Percy: Yes, sir, we're satisfied with the covenant.
Mayor Ferre: Mr. Manager? 40 MAR 2 51982
e s• _
Mr. Gary: Yes, sir, we're satisfied.
Mayor Ferre: All right, is there a motion on item number 17
Mr. Dawkins: I move.
Mayor Ferre: It's been moved. Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further... it's been moved and seconded,
Mr. Plummer: Question, Mr. Percy, under the covenant, it is my undersanding
there will not be -any access to the Tigertail except for ...
Mr. Percy: Service purposes.
Mr. Plummer: Service purposes, correct?
Mr. Gary: And traffic study...
Mayor Ferre: Unless the Traffic Department of Metropolitan Dade County and
the Fire Department say that, you know, as you stipulated before.
Mr. Percy: Public Works Department.
Mr. Plummer: O.K., so in other words if those two items or two addenda were
to be changed, it would come back to this Commission.
Mayor Ferre: Further discussion... Call the roll.
AN ORDINANCE ENTITLED:
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION
OF THE NORTHWESTERLY 220' OF LOTS 6, 7 AND 8, BLOCK 41, RHODES AMENDED
PLAT OF NEW BISCAYNE (B-16), BEING APPROXIMATELY 2661-2665 SOUTH
BAYSHORE DRIVE, FROM R-4 (MEDIUM DENSITY MULTIPLE) TO R-C (RESIDENTIAL
OFFICE), 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 CONTALNING A SEVED.ABILITY
CLAUSE.
Passed on its first reading by title at the meeting of January 28, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Dawkins, seconded by Commissioner Carollo, 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
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.9400
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
3.
1DISCUSSIC14 OF CANCELLATION OF CONTP.ACT WITH SOUTH FLCRIJA
POLICE PRODUCTS, 111C. (L" NIFOP."1S FOR POLICE DEPART!E:JT)
41
0
Mayor Ferre: The Police Chief is here now, Mr. Manager, would you ask the
Chief to step forward?
Mr. Gary: Yes, I will, 14r. Mayor, but before he does that, I would like
to give you a status report with regard to our contractual relationships
with South Florida Police Products. At this time I'd like to hand out a
package of information to you which summarizes our relationship with that
organization, historically and presently. It should be noted that on
October 7th we awarded the contract to South Florida Police Products which
was the lowest bidder; and at the time of awarding of the bid, there were
problems with regard to the inventory of stock which the bid required at
80%. At that time we awarded the contract, we recommended 30 days grace
period to allow them to comply completely with the contract. That was
further extended to 60 days by the City Commission at that same meeting.
On November 5, 1981, we issued a purchase order for those services, on
November 24th, 1981, we allowed another 30 to 90 days for most of the items
which were not in -place at that time. On December 1st, the City Purchasing
Agent made a physical inventory of the stock of uniforms at the facility
and we found the agency not to be in compliance and instead of having 80%
of stock they had 16% of stock. We've been having on -going problems with
regard to the firm complying with the terms of the contract. Also, we found
the facility that was included in their presentation to the City Commission
and to the City Administration in order to provide the services for uniforms
for Police Officers had been changed and had been converted to office space.
And we also found that instead of having the uniforms on racks and in adequate
space for the officers to try them on, that they had the uniforms stacked in
boxes. On December 21st, 1981 I called a meeting as a result of these
problems in my office with the Department of Police, Purchasing and the
contractor to talk about areas of noncompliance. As a result of that
meeting, we found that they were not in compliance in certain areas and
in compliance in certain areas, and that we were having problems also
in terms of the City doing its part, so we extended them another 30 days
to allow them to come within compliance; and the reason for that is we had
to establish priority in terms of what our needs were and also because they
were a minority vendor and we were making every effort to comply with our
minority vendor program, we felt that another 30 day grace period would be
adequate to allow them to comply with the terms of the contract. On
February 18, 1982, the Department of Police advised of further non-
compliance, and we have attachment enclosure number 2 which shows that
we still have further noncompliance. Based on the noncompliance which
has occured over a long period of time, in view of the concessions we have
made over and beyond the call of duty in terms of allowing them to comply
with the terms of the contract, I have drafted a letter to South Florida
Police Products, dated today, informing them that based on noncompliance
which is attached on the last part of the attachment, that we are hereby
cancelling that agreement and we will be recommending that we go to the
next highest bidder. Now, I think it's important for the City Commission
to know that this action has nothing to do with the allegations that have
been recently raised with regard to this organization. This represents
their noncompliance, our problems in getting uniforms since the inception
of this agreement, and we have tried to our upmost by giving them extentions
to allow them to come into compliance; and this is what we're doing today
and we want the City Commission to be aware of that. We do have the
Police Department here to address any question you may have with regard to
compliance with regard to this contract.
Mayor Ferre: All right, Mr. Manager, let me ... one issue is the question
of compliance, which you have addressed, and this is documented. We have
not had time to read it, but on that area let me just ask some technical
questions with regard to the cost. As I remember the Jules Brothers was
here and Jules Brothers and the other company, I forget the name of it,
we've had this on -going battle for the last ten years.
Mr. Plummer: Lemar, probably.
Mayor Ferre: Lemar, Lemar.
Mr. Plummer: The other company that always gets...
Mayor Ferre: You know, it seems very strange that when one gets the Fire,
the other guy gets the Police and then the next bid reverses and Lamar gets
the Police and the other guy gets the Fire and all of a sudden for the first
2 MAR 2 51982
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Mayor Ferre: time we had a competitor that came in to the picture, now my
question is if we now go to Jules Brothers, is it going to cost the City
more?
Mr. Gary: It's going to cost what their original bid is, if they accept
that original bid.
Mayor Ferre: And what is the difference? Is Mr. Mullins around?
Mr. Gary: I'm having Mr. Mullins summoned so that he can respond to that.
Mayor Ferre: Is it $5,000 a year, $20,000 a year.
Mr. Gary: I'm having him summoned, Mr. Mayor.
Mayor Ferre: It's not a substantial amount.
Mr. Gary: It's not a substantial amount.
Mayor Ferre: What I want to point out is that there is not a substantial
difference.
Mr. Gary: No, it's not, and Mr. Mayor, it's not substantial, as a matter
of fact he was arguing that he was very close and that because of his past
performance, he should be awarded it. But we are requesting that the City
Commission authorize us to go to the second bidder to begin negotiations, and
if he accepts his bid, I mean the bid that he gave us that we go with him.
Mayor Ferre: Yes.
Mr. Gary: If it is substantially more, if he wants substantially more
than what he bidded we will come back before the City Commission.
Mayor Ferre: All right.
Mr. Gary: But we need that authority so that we can proceed forward.
Mayor Ferre: We're going to get to that in a moment, but now there is
another issue which even though does not affect, or is not a part of the
decision which has been taken here in the letter that you've written dated
March 25th, it's something of major interest to the community here.
Mr. Plummer: Why don't you handle that and resolve that problem first.
Mayor Ferre: No.
Mr. Plummer: O.K., O.K.
Mayor Ferre: No, I think we need to get into this, J.L., and that has to
do with South Florida Police Products trading with Cuba, and just so that
we can get the record clear on this, if the Chief would, for the record,
Chief, if you would-- good morning.-- Mr. Manager, 'till you went to the
Chief, when was the first time that you were aware that there might be
a conflict in the federal law of trading with the enemy, because South
Florida Products was selling material to Communist Cuba.
Mr. Gary: Mr. Mayor, that was brought to my attention, if I recall the
date, ahh..., approximately three weeks to a month ago.
Mayor Ferre: How many?
Mr. Gary: Three weeks to a month ago.
Mayor Ferre: Three weeks to a month ago.
Mr. Gary: Yes, sir.
Mayor Ferre: Now, chief, when was this...
Mr. Plummer: Now, wait, wait, excuse me, you're saying three weeks ago,
when was this contract approved?
43
Mayor Ferre: Last year.
Mr. Plummer: On October the 7th.
Mr. Gary: Exactly.
Mr. Plummer: Mr. Gary, I think you will find, sir, very clear in the record,
that Mr. Carollo prior to the approval of these bids October the 7th brought
to your attention at that time and indicated on the record that he had
discussed with you that there was something not quite right with this
company and that was the reason for the deferral.
Mayor Ferre: That was in January.
Mr. Gary: That was another item.
Mr. Dawkins: You're mixing apples and oranges.
Mr. Carollo: You're talking another item, J.L. that has to do with this
same firm.
Mr. Gary: Another bid.
Mr. Carollo: That was on January the 14th.
Mr. Plummer: I'm sorry, I stand corrected, I'm sorry.
Mayor Ferre: O.K., Chief, when was the first time that you were aware that
there might be a problem with this company trading with Cuba?
Chief Harms: Approximately the third week of January 1982.
Mayor Ferre: What other products, Mr. Manager, are purchased by the City
of Miami from South Florida Police Products?
Mr. Gary: It would be more appropriate for the Police Department to answer
that.
Mayor Ferre: Are there other than the contract...
Chief Harms: Other than the uniform contract itself I don't have a
specific accounting of those articles and items that have been purchased,
but I'll tell you the kind of articles that South Florida typically bids
on: the light bar and the siren equipment for the vehicles. Building
and Vehicle Maintenance makes decisions on that equipment whether it meets
specs or not and then makes their recommendations to the Commission. I
believe that we in fact bought a number of shotguns from South Florida
in the not too distant past, and a number of other items, I believe that
the uniform contract is worth about $210,000. I'm under the impression
that within the last seven to eight months, that in addition to that
contract, that we've spent somewhere between $30,000 and $40,000.
Mayor Ferre: In addition.
Chief Harms: In addition to the uniform contract with South Florida
Police Products.
Mayor Ferre: O.K., now...
Chief Harms: Now, I'll provide a specific accounting for you, I don't have
it with me.
Mayor Ferre: Now, Mr. Manager, do other departments buy anything from,
for example, Solid waste?
Mr. Gary: Not to my knowledge, sir.
Mayor Ferre: So, the only products that are being bought by the City of
Miami are restricted to the Police Department. Mr. Mullins, can you...
Mr. Plummer: No, and Building and Maintenance, they say.
44
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Mr. Gary: Building and Maintenance for Police purposes.
Mr. Plummer: Well, but it is still another department.
Mayor Ferre: Mr. Mullins, are you aware of any other products that the
City of Miami is purchasing from South Florida Police Products other than
for the Police Department?
Mr. Mullins: For the Police Department?
Mayor Ferre: No, sir, other than, any other department, the Fire Department,
Waste Department.
Mr. Mullins: The Department of Building and vehicle Maintenance may purchase
some items for the Police Department but...
Mayor Ferre: Other than that.
Mr. Mullins: No, sir.
Mayor Ferre: All right, thank you. Now, Mr. Manager and Chief, my concern and
my problem with this particular issue is that you know that we have a community
that is extremely sensitive to Cuban oriented issues. We have a, you of course
as I was, were painfully aware of the sensitivities because of the problem that
we had, it was in January when we had that disturbance with...
Chief Harms: In front of the INS.
Mayor Ferre: in front of the INS. Now, these type of things, I think it's
important that members of the Commission be aware of the type of potential
problems, and I, if you knew about this in January 14th, and I'm sorry I
did not catch the nuances of what was going on because in that particular
Commission Meeting and I went back and had somebody look up the record for
me, Commissioner Carollo said to you: "Now you are aware of the problem."
But there was no specification at that hearing of what the problem was.
So, therefore, I was at that point not aware of what this was all about.
I think it's important that we know of these things, and I need to know
why wasn't the Commission informed that there was a problem of this nature
going on.
Chief Harms: Mr. Manager, maybe I could respond to it from the Police
Department's perspective. When I became aware of it, I certainly shared
the same concerns, Mr. Mayor, that you are voicing in front of this
Commission today. It's an extremely sensitive issue within this community
and certainly one not to be taken lightly. What I had at that point were
rumors, not fact. My position quite clearly was to forward that information
to the appropriate federal agency with the expectation that because it fell
within their jurisdiction, that they would provide a timely investigation
and come to some conclusions based on that information and its subsequent
investigation.Because of the nature of the investigation, I did not feel
that it was appropriate for that information to be disseminated that this
organization, South Florida Police Products, was under investigation.
Mayor Ferre: But then, in January, now, Mr. Manager, there was an extention
of time, as I recall this matter had come up in October and the Commission
itself gave South Florida Products a three month extention.
Mr. Gary: We gave them... correct. No, you gave them a sixty day extention.
Mayor Ferre: Well, that's even tighter.
Mr. Gary: To December, to December.
Mayor Ferre: Why was this brought up for further discussion of extention at
the January meeting?
Mr. Gary: Well, the extention that I gave them in terms of bringing them
up to compliance occured in December prior to me being aware of the problem
or the allegations that have been made, so this was done before this even
came up.
45
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4
Mayor Ferre: In other words, you gave him an extention until when?
Mr. Gary: I gave him the extention in December to January 31st. I
gave him the extention December 21st, on December 21st.
Mayor Ferre: Were there any further extentions beyond December 21st?
Mr. Gary: No, air, no, air.
Mayor Ferre: All right, and when the Commission voted in October to
give him sixty days, what was that for, was that a separate matter?
Mr. Gary: You gave him sixty days because at the time of the award, there
was some question, if you recall, we had uniforms in a bag...
Mayor Ferre: Yes.
Mr. Gary: ...discussion between South Florida and our Police Department
whereby the Police Department was requiring a different material which
was different than what was in the bid and we thought that it was unfair
to penalize them because they did bid according to what we wanted, but
they did agree to provide the change in material, and they felt because
they had gone out and made this purchase, and they had their stock, that
it was not fair for us to penalize them for that; and everyone agreed
and we gave them an extention of sixty days to get their stock up to
par.
Mayor Ferre: That's what the Commission did.
Mr. Gary: Exactly.
Mayor Ferre: Your extention has nothing to do with that?
Mr. Gary: No, my extention was based solely on an administrative hearing
that I had with the Police Department, the Purchasing Department, and the
Agency, I mean South Florida Police Products. At that time, they had
complied substantially, there were some problems in terms of us not
complying on certain areas, and it was not fair in my opinion to penalize
them completely because they had not done it; therefore, we put them on
thirty days probation with the understanding that if they did not comply,
it would be completely terminated.
Mayor Ferre: And that's the memo dated December 29th about a meeting
held December 21st signed by J Paul and quatermasters. Is that it?
Mr. Gary: Yes, sir.
Chief Harms: Now, in addition to that, perhaps I can add a little
clarity to it. There was some lag time after the thirty day probation
period because what we in fact had to do was to go inspect the premises.
Part of the contract called for so many square feet to made available
for a specific purpose and so many pieces of equipment or apparel to
be on hand. So, of course, that inspectional process and the documentation
of it cause some lag or delay in providing a response back to the Manager
with regard to their substantial noncompliance in those areas of concern.
Mayor Ferre: So after the information proferred to you, to both of you,
about the fact that South Florida Products could be violating the Trading
with the Enemy Act, there were no extentions granted.
Mr. Gary: That's correct, no more extentions.
Mr. Carollo: Now, what I... I'm lost, Howard. You mention there was one
extention up to January 31st?
Mr. Gary: Yes, there was one extention which was granted on December 21st
to January 31st.
Mr. Carollo: O.K., what happened on January 31st?
ds MAR 2 5 19p?
4
Mr. Gary: On January the 31st...
Mr. Carollo: Did you give another extention, or...
Mr. Gary: No, they hack no further extentions from January 31st.
Mr. Plummer: Did they get in compliance January 31?
Mr. Gary: Let me recall the process to you, Mr. Plummer and members of the _
Commission. In order for us to prevent legal suit, we were going through
the process of documenting all of the noncompliance that this agency had, _
and from January the 31st, the Police Department felt that we should not
continue and that we should begin the documentation process and therefore
terminate the contract
Mayor-Ferre: Any other questions?
Mr. Carollo: Mr. Mayor, members of the Commission, I'm in an extremely
awkward situation in one hand, I see all of you looking at me like I
know certain things but why haven't I acted, why haven't I informed the
Commission specially, you know, J.L. you're the first one that brought it
out that right in these Chambers when an item relating to these people
was brought up, I was the one that stopped it. I was the one that
stopped it on the Commission level.
Mayor Ferre: What day was that, what date?
Mr. Carollo: That was January the 14th, Mr. Mayor. If I recall the item
correctly it was approximately five thousand plus dollars and it had to
do with nine steel cage vans and fifty flash lights. Am I correct in
that, Chief?
Chief Harms: I believe you are, sir, I'm not sure of the specific item;
that sounds familiar.
Mr. Carollo: In no way, and I apologize now to the Mayor and the 'Members
of the Commission, that you all had to be hit with this information again
from the newspapers. I'm sorry for whatever embarrassments have been caused
to any of you, in no was I trying to keep any secrets from the Commission.
Number One, by law, I am not able to speak to any of you outside of a
public gathering. Number two, ...
Mayor Ferre: Now, wait, wait, wait, that's not quite so, for heaven's
sakes, you can speak, you can't decide...
Mr. Carollo: Well, speak to the City Manager, speak regarding City matters,
that's what I'm referring to, Mr. Mayor, and this is certainly a City
matter. And number two, there are times, when there are investigations
held, that by ethics, you cannot speak on those matters either; so I
had two reasons why I could not let the Commission know whaever information
I was aware of. Let me say this, Mr. Mayor, I think the Chief has tried his
best, I have no other information that would make me believe anything to
the contrary to do his best on this matter, but unfortunately some of this
is out in the open already, and the reason the media contacted me, and
I want to make this clear, and possibly not contacted any of you in that
story that appeared on last Sunday's paper, was that there was some memorandum
that was written from the Chief to the City Manager, I have not seen the
memorandum yet, I was told what it said from a member of the media when
he contacted me to get statements from me. I believe the date of the
memorandum was February the 18th.
Mayor Ferre: Did you ask for a copy of that memorandum?
Mr. Carollo: I asked the Chief for that, I believe last week, I guess
he hasn't had the time to get to it. I know he's had a lot of other
problems in his hands.
Mayor Ferre: But the media had a copy of it.
4/
.MAR 2 5 1982
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Mr. Carollo: ThatOs correct, Mr. Mayor.
Mayor Ferre: See, that's where the problem is.
Mr. Carollo: Well, basically what the memorandum talked about was the
same problems that we have been given copies here, that we are having with
South Florida Police Products in as far as their not complying with the
contract for the uniforms; but the problem was from what I was told from
the member of the media that contacted me, it began stating something to
the effect that Commissioner Carollo had requested a update and
the information concerning the contract issues. Well, when this story
was breaking out and they read these reports, the speculation is that
I'm pressing the contract to be withdrawn. They're right, I certainly
did not want these people to have this contract any further for the reason
that we have been given here that the contract is being cancelled. They
were not complying with the rules and regulations of that contract; and
I also had a great concern for the City of Miami, and particularly for
the City of Miami Police Department to be dealing with someone who is
under the cloud of allegations that they're dealing with Communist Cuba.
The Chief, we discussed this late last week when he first became aware
of it, and also on Saturday, and I'm referring to this memorandum. He,
from what I understood if I am correct, Chief, the memorandum signed by
you was drafter by some of your personnel, and I'm sure you get a lot of
memorandums daily so he overlooked a certain part that included my name
and that's how the memorandum became public record. Well, that's been
public record for the media, it's been public record for the people of
South Florida Police Products, and everyone else at this point in time,
which leading to all this puts this member of the Commission in particular
in an awkward situation but let me say this when all of us took an oath
to sit up here, we were like that...I think we all knew it was not going
to be easy, there were going to be times that we were going to be faced
with some very hard decision to make, and it was not going to be any
rose garden. Mr. Mayor, members of the Commission, when I became aware
and I think it's time we put our cards on the table, unfortunately this
has become known to the public now, and it certainly not going to affect
any investigation at this point in time, whatever has been done. When
I first became aware of the information that there were allegations that
South Florida Police Products was dealing with Communist Cuba, I immediately
forwarded that information to our Police Chief. That was on Thursday,
January the 7th, when he came to my office that morning together with
the City Manager. The reason they had come there was not for that particular
issue. They had come to discuss other matters that were comming up in the
Police Department, but having just recently become aware of that information
I brought the matter up to our Police Chief and the City Manager. If I
recall, we discussed the subject for approximately fifteen to twenty minutes.
I expressed to them all the allegations that had reached me. The only
additional information that I was to provide to our Chief, was some
photostatic copies of certain material pertaining to those allegations
that had reached me. At that time, during that meeting, I expressed to
them the concerns that I had dealing with these people, based upon not only
that they were not meeting a contract that they were bound to but the
bottom line was that I felt, Mr. Mayor and Members of the Commission, that
if indeed these allegations were true, that a firm that would be dealing
with the Police force of Communist Cuba, has no business having the
Police uniforms and the Police patches of City of Miami, and that our
Police officers had no business going anywhere near that establishment.
I think that it was going to raise the possibility that our Police officers
could through relationships that might be established with people there,
get put in awkward possitions, and compromissing possitions in the future.
All these were possibilities that I thought were great, and those were
my reasons why I thought we should cancel that contract. We discussed
that there. If I recall correctly, Chief, you stated to me at the time
that you would inform other appropriate agencies, you would look into the
matter, and you were going to call the president of this firm and face
him with these allegations. On January the 14th is when it was being
recommeded by the Purchasing Agent of the City of Miami and by the Police
Department for the City to approve another contract to these people.
After speaking to the Chief and to the Manager I became a little mad
and concerned that we were still being giving
to these people. Apparently the Police Department, the Administration,
skipped their eyesight to this comming up before the Commission. This is
48 MEIP �,,;,,
Mr. Carollo: (CONTINUED) why I made the statements that I did on that day
asking for that item to be deferred. Can January the 20th, I believe it
was on a Wednesday, the Chief's Assistant, Mr. Warshaw, contacted me and
on that day I gave him whatever photostatic copies I had of the additional
material and as to what course the investigation took, I was not appraised
on it. The only information that I received from Chief's office from Mr.
Warshaw later was that they had forwarded this to agencies, namely the
Federal Bureau of Investigations and the U.S. Customs, so the bottom line
Mr. Mayor, is that I am embarrased and I apologyze that you were not made
aware of this. It was not my intention to hide anything from my coleagues.
Mr. Manager, with all due frankness, to January the 7th, two and a half
months ago, not three or four weeks as you stated here, I know you have
a lot of things on your mind, but I think something of that graveness
certainly could have stayed in your mind and we discussed this in your
presence for fifteen or twenty minutes on that date and you certainly
expressed concern to me about it. In fact, if I recall one of the statements
you made was: "thank God that we have become aware of this in the City
of Miami before it hit the media and none of us would have none about it,
it comes in the media and we'd all be embarrased." and that's one of the
goals that I was trying to accomplish also at the time that I provided the
information to you and to the Police Chief. Now the only thing, frankly,
that really bothers me greatly is the fact that it would take an article
from the Miami Herald to finally bring some light again to the issue that
these people were not keeping their part of a contract and it would take
this long to finally cancell that contract.
Mayor Ferre: All right, Howard, there are three issues before us. One is
timeliness which Commissioner Carollo has talked about. The other one,
is information or vital information; and thirdly is communications. The
last one of these is the easiest one to deal with. I really feel that
the press is entitled to get any memorandum, as I understand it they are
entitled under the Sunshine Law to get a copy of any of these things that
they come upon. Now, I don't want to be inundated in my office with a copy
of every memorandum that is written in the City of Miami because we'd need
to expand our office ten times, but whenever... and the press is entitled
to request and get a copy of any memo that they get... but once that is done
I really do feel that if we were to establish a policy that whenever a member
of the press requests for and receives a copy of any memorandum, especially
if a member of the Commission's name is involved in the issue, that that
Commissioner be immediately afforded a copy of the same thing that the
press gets so that that Commissioner is not at any time in the future
embarrassed by a question on something that he is totally unaware of;
so I think that's the question on communications. The question of information
I really do think that something as volatile as the City of Miami buying
uniforma and guns from a company that allegedly is trading with the enemy
is something that I do feel that on a sensitive basis that the Mayor and
the members of the Commission should be informed about. Not that we can
do anything about it, but that since it is a federal matter, but so that
we are aware that something of that sensitive nature is going on. And
again that goes back to the trust issue, you know, it's a question of
trust. You want the Commission to trust the Administration, and the
Administration has to trust the Commission; and unless there is a specific
law that precludes and in this case I don't think there was a specific law
that precludes members of this Commission to know about that. And the last
thing is the issue of timeliness which I think is what Carollo was stressing
now.
Mr. Carollo: Let me add this, Mr. Mayor if I may, that the main reas3n also
that the Police Chief did not want my name revealed at any time this was
going on was that he expressed to me concern about my safety and my family's
safety, which I appreciate, Chief. When that memo slipped by, that didn't
make any difference, the press had it, who knows how many people had that,
it's not hard to put two and two together and get four, but let me say
this, Mr. Mayor, at no time in my life, or now am I afraid of anything
other than my wife and I did what I thought was my duty in my solemn
oath to act upon it. I acted like I thought any elected official should
have acted, and I have no apologies for that to anyone. I was just
embarrassed that all of you might have felt that I was trying to hide
this from the Commission, or the embarrassment it caused you, frankly,
Mr. Mayor, all the members of the Commission would have been informed
of something of South Florida, that was my mistake too, I thought that.
49 r
Mr. Plummer: Mr. Mayor, let me interject here if I may, because I don't
think Mr. Carollo should be embarrassed at all, I don't think he's in
any awkward possition at all, let me tell you why. First of all, the
day Joe, you brought that to the Commission's attention by virtue of
your terminology which said: "there is a problem." You might recall
that I walked over to you and you gave me that exact verbage, when I
asked you: "what was it?" and you said that these people are possibly,
possibly dealing with the enemy.
Mr. Carollo: No, when I said it for the record, J.L....
Mr. Plummer: No, when I went to you personally, that's what you told me.
Mayor Ferre: See, but that's what the Sunshine Law supposedly precludes.
Mr. Plummer: I walked over and asked...
Mr. Carollo: What I stated for the record was straight, straight, strictly,
was that there was a possible investigation on that matter.
Mr. Plummer: Possible, sure.
Mr. Carollo: There were some other things that, I don't know if I was
close enought to the mike or not to that effect, but I don't think that
I went out any further in explaining anything.
Mr. Plummer: You did not, right. Second of all, Mr. Mayor, let me tell
you something, each and everyone of us sitting up here, I would say almost
daily if not weekly, has someone who calls our office making allegations
about this, that, or the other thing. Usually, as we all know, it's a
person who is sour grapes, who lost, who didn't win their point or what
they were looking for. I would say that trying to sift through the
fiction and the fact, that maybe ten percent of what comes across our
desk are legitimate and should be looked into.
Mayor Ferre: No, that's not the point, J.L.
Mr. Plummer: The point is, Mr. Mayor, that each and everyone of us has
a responsibility to do exactly what Mr. Carollo did, and that is to
forward that information, whether it's fiction or fact, to the appropriate,
either the Manager, or even to the State Attorney's office.
Mayor Ferre: Again, that's not the point.
Mr. Plummer: The point is as to information, all right, Mr. Mayor, I don't
see where my coleague should be embarrassed for what he did in any way,
shape or form.
Mr. Carollo: I'm not, J.L., and I stated that clearly, what I'm saying is
that I'm embarrassed that the members of the Commission were not aware
of what I was appraised of and that it took the paper to inform the members
of the Commission.
Mayor Ferre: It's a question of information and it's a question, I don't
think that on January 7th, when Carollo speaks to the Chief that he
should immediately go to my office and say: I have to tell you that
there are some allegations," of course not. But somewhere along the line,
when there was substantive proof that something like this was going on,
I just think that in the future, it would be...
Mr. Plummer: Is there now? Is there today, it is my understanding that
this is being investigated by a separate agency because it is a federal
matter, and is there today substantial proof?
Mayor Ferre: What I read in that newspaper story in the Herald, evidently
these people, and there was all kinds of statements made by employees in
there... didn't you read the story?
Mr. Plummer: I don't know, I don't know, I saw the story, Mr. Mayor.
50 ,f
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Mr. Carollo: J.L., let me say this for the record, it is a fact that
these people ordered some two thousand forty decals for vehicles, it is
a fact those shields those decals had was a shield emblem of Cuba. Now,
whether they reach Cuba or not, I don't have that information before me.
The vehicles that Cuba has presently today certainly have shields that
are similar to those. That's up to the federal government to investigate,
but I for one am not going to sit back and be told that someone is going
to order two thousand forty shields with a printing on it that could only
be used in Cuba, and that it was done so that patriot exiles could infiltrate
Cuba. Well, I don't know how many cars could reach Cuba going through the
ocean but those were enough shields for approximately a thousand twenty
vehicles.
Mayor Ferre: All right, Mr. Manager, and then the Chief.
Mr. Gary: I think that it's important that I address the questions that have
been raised. In terms of timeliness, I guess in terms of cancellation, I
think it's important for us to look at this historically. This City
Commission as well as the Administration is very concerned about hitting
minorities involved and doing business with the city; and the City Commission
had the foresight to see that we had an opportunity for the first time in
the history of the City of Miami to give a substantial contract for police
uniforms to a minority vendor, in this case, Cuban. And they extended the
contract for sixty days, prior to this information comining before us with
regards to allegations, I saw it fit in view of our commitment to minorities
to make an extention in December. So in terms of the timeliness, I thought
I was following the policy of the City Commission with regard to assisting
minorities. Secondly, when the information came to my knowledge about an
allegation, this is probably the only city I've been in where there are
more allegations than there are truths, and obviously, I became concerned
that before we continue the allegation that the Police Chief,
who is responsible for law enforcement in this city under my direction,
take it to the proper authorities to make them aware of it. I was also
concerned at that time, and maybe this I probably should have talked to
some people about it, but I became concerned at that time in terms of
protecting the interest of those people who gave us that information.
Because I did not want to jeopardize those people in such an investigation.
The information was turned over to the federal authorities. The federal
authorities, particularly in view of the sensitivity of the information,
they're concerned about leaks that may occur with regard to criminal
investigations, that I afforded the opportunity of the Chief and those
federal authorities to handle that matter as best as they see fit. To
my knowledge right now, and I was supprised to see what was in the
newspaper about the printing, I was under the impression that the investigation
was ongoing, there were no substantial facts that they had been trading with
the enemy, and I was not aware of the shields until I read about them in
the newspaper. With regard to the memo...
Mr. Carollo: Wait a minute, excuse me, are you saying that you were not
aware of the shields until you read about them in the newspaper?
Mr. Gary: No, I was not.
Mr. Carollo: Howard, we spent fifteen, twenty minutes in my office and that's
exactly what we talked about: those shields. I did not have photostatic copies
of those shields in my possession at that time, that was given to Mr. Warshaw
a couple of weeks later when he came by to pick them up in my house on January
the 20th. But in January the 7th, when we spent fifteen to twenty minutes in
my office just discussing that area, what we spoke about basically were the
allegations that these people had printed these shields, and you showed a
heck of a lot more concern at that time than you are showing here now.
Mr. Gary: Oh, I still have concern, and when you start talking about shields,
what I meant was I wasn't aware that they were car shields. I thought they
were shields like badges.
Mr. Carollo: Howard, what we discussed precisely were car shields, vehicles,
not badges.
Mr. Gary: O.K., I don't recall that, I don't recall them being car shields.
51
MOp 2 51982
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Mr. Gary: (CONTINUED) But I guess the point of it is that we concidered
this a serious matter, we still do concider this a serious matter; and
as a result, we have turned it over to the federal authorities. Now,
I am not aware of the actual printed documents, personally I am not aware
of it, I assume that the Police Department has it. I am not aware of
those documents that you gave them. With regard, and as I said before,
this is a serious matter and we are concerned. With regard to the February
18th memoranmum that obviously got to the newspapers, and I just talked to
the Police Department and I just talked to the Purchasing Agent, the
information was not requested by me, it was not given to the press by me,
the Chief has informed me that he did not give it to the press, and the
Purchasing Agent has informed me that he did not give it to the press.
I think it's important to realize that we do have a public records law,
and if they ask for information, we have to give it, and I do agree with
you Mr. Mayor, that once they ask for it, that we should provide it to the
City Commission, However, I want you to fully understand that even thought
four thousand employees work for the city, that there are some employees
that do violate the rules, and they could give information to the press
without my knowledge, and I should not be held accountable for those
people who give something to the press without my knowledge.
Mr. Carollo: My concern is, Howard, that a week after I spoke to you on
this information we still had an item in the agenda relating to these
people.
Mr. Gary: I'll respond to that too.
Mr. Carollo: We still had under concideration, these people to do an
$80,000 war wagon for the City of Miami. And, I tell you, I am not afraid
to say it on the record, I don't care price they give us and any other
needs that the City might have that we bid out, that could be twenty times
lower than anybody else, I for one, won't vote to give to these people
another penny of our city's money until they can prove to me that those
allegations are false.
Mr. Gary: I'd like to respond to that. First of all, I think it's important
that in terms of the contract, we have to separate the contract from these
allegations.
Mr. Carollo: I realize that.
Mr. Gary: and we had a legal binding contract with these people, and
the decision with regard to cancell this contract had to be based on
their performance and that's what we did. With regard to the additional
bids that they submitted to us, and I think that it had something to do
with the lights above the cars, they were the lowest bidders, and the
law requires us to do it, to provide to the lowest bidders provided all
other things are equal in terms of products and their past performance.
They key here is that when they submitted their bid, they were the
lowest bidders. At that time, no substantial proven facts with regard
to those allegations had been made, or at least, I was not aware of them.
They were stricktly allegations, and based on the law, I had to recommend
to the City Commission that this was the lowest bidder and I could accuse
this firm or I could not allow this firm, or refuse to give this firm a
bid based on an unproven allegation.
Mayor Ferre: Now, Howard, there I do have a problem, and let me tell you
why, because in other issues of this nature when there are questions,
prudence would have it the Administration does that continually, it
removes something for further investigations. So, I think that in that
particular point I do have a problem and that is that if there is an
investigation going on, unless the investigation is without any foundation,
and you concluded that it had merits for no further discussion, I think
sincerely, I and say this with all due respects to Commissioner Carollo,
you know that Carollo takes these matters very seriously, and well he
should, because he represents the segment of this community that
obviously has major concerns in areas that deal with Cuba. Now, it
seems to me that in that case prudence would have dictated that on
January the 14th, we should have held an advance. In other words, the
fact is that when Carollo comes up with this thing, which now I understand
t!
t
Mayor Ferre: (CONTINUED) Plummer jumped out and went over to talk to him,
but it was not on the record, because the microphone was either not on or
Mr. Carollo: But, Maurice, I tell you this, what was stated in the record
was no different from what I stated to Commissioner Plummer when he came
to me.
Mayor Ferre: O.K.
Mr. Dawkins: May I get a clarification here. There appears to me to be
three issues to be three issues to be discussed here and combined that
are similar but are not related. Number one is the original contract which
was awarded and which the :tanager states that he followed administrative
procedures in attempting to cancell the contract with these individuals.
The second issue is the fact that we were not notified that this company was
accused of dealing with the enemy and the fact that Mr. Gary states, also
Chief Harms, that they did not release the memo to the public, in my opinion
that's the second issue. The third issue deals with why did we, and that's
including Mr. Gary, permit this company to bid on another project and accept
their bid, now according to the statures of the state of Florida, we have
to let bids out when the amount exceeds certain dollar percentages. The
laws in the State of Florida also cite that we have to accept that bid, so
now, knowing now what we know about the company, and I would have no problems
voting not to award this company the contract so, what I'd like to see us do
is try to bring this to where as the Mayor says, that we are more
informed and I too agree that Commissioner Carollo has nothing to be ashamed
of because if I were sitting here and I knew that a company was dealing with
South Africa with its racist problems and attitudes, I could not in my good
conscience sit here and vote for this Commission to give a contract to a
company dealing with racist South Africa, so I share your concern, deeply,
but I have been here since 9:00 O'clock and we have only gone through four
issues of the agenda, so now, you know, it's not that this isn't important,
I realize the importance of it, but somewhere along the line we've got to
come to some grips with this and say to the Manager, either you've messed up,
and we don't want it to happen again, or either Mr. Manager, we appreciate
this, let's do something, that's all I'm saying.
Mavor Ferre: All right, Chief.
Chief Harms: Yes, very briefly, I certainly think that what Commissioner
Carollo did was corageous, it was based upon my advise that he not forward
with the information in publicly. I felt that there was no need for him
to jeopardize the family or himself. In addition to that, I've become
aware of a possible federal violation I have in affirmative responsibility
to notify the proper authorities. Now, with regard to carrying it beyond
that, I think that it certainly would have been premature at that time to
jeopardize the company's conctract with the city based on the amount of
information we had. It was fully my intention that if it was not investigated
to my satisfaction ultimately that I would conduct an administrative hearing,
and during that administrative review or investigation I would have in fact
called the president of the company in and asked him for a statement with
regard to those allegations. We're talking about a sense of timing, we're
talking about information and I agree, it is certainly something that the
Commission could be and possibly has been embarrassed over. To the extent
that I have contributed to that, then I certainly extend my apologies to
the Commission.
Mayor Ferre: All right, further questions or statements.
Mr. Carollo: Mr. Mayor, the only embarrassment that I have, for the record
again, is that my coleagues, the Commission, were not informed of this and
they had to find out about it through the media. Mr. Gary, with all due
respect, you stated for the record, you were appraised of this three or
four weeks ago, you were appraised of this January the 7th, two and a half
months ago. My concern is that no other items be brought to the Commission
awarding a single penney of City's money to these people until I have and
this Commission has proof, and proof that goes beyond a shadow of a doubt,
that these people are not dealing with Communist Cuba, or for that matter,
any Communist County. And, you know, your reasons for making this statement
53
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Mr. Carollo: (CONTINUED) and the difference of the dates, I don't understand,
maybe you forgot about it or what have you, but the concern that you expressed
to me on January ith, were a lot more than you are showing today.
Mr. Gary: Well, as I said before, and I stand corrected on the dates, and I
do admit that you and I and the Chief met on this matter; obviously I have
a lot of things to do and when I turned it over to the Chief, I knew that
he would do the proper things in terms of going to the proper authorities.
With regard to the seriousness of the matter, as I said before, it is
serious, we will not recommend to you any other items from South Florida
Police Products, and I would like to say too that in view of our discussion
I was under the impression that well, I was under the impression that this
information was confidential, and that's the reason that I did not want to
share it with the other City Commissioners. It was an allegation, and I was
concerned about your wellfare. Thank you.
Mr. Knox: -Mr. Mayor, so that what appears to be your will may be acomplished,
I'd like to read a Code provision into the record and if you would choose to
make a policy determination in that respect, it would be appropriate. It is
Section 18-63 of the Code of the City of Miami which is entitled "Barring of
irresponsible bidders," section reads:
Any vendor who fails to live up to the terms of his contract
for the delivery of supplies, materials, equipment or contractual
services may be declared an irresponsible vendor by the city manager
in writing and shall not, for a period of one (1) year thereafter,
be awarded any further order for furnishing such supplies,
materials, equipment or contractual services to any department
of the city unless the city commission shall, by unanimous vote,
remove such disqualification.
Mayor Ferre: So then, the initiative of that is up to the Manager.
Mr. Knox: The implementation of that is up to the Manager, yes sir.
Mr. Plummer: So in other words, the cancelling, if it is to be cancelled,
of that contract is stricktly an administrative matter, not necessarily be
brought before...
Mayor Ferre: No, no, no, no, no wait a minute, we're confusing apples and
oranges, and I think Dawkins was very correct in what he said. There are
two totally separate issues. One issue is the question of compliance in
bid number 80-8196 and that's documented and the manager has already taken
the initiative of telling them, now, that's the administrative procedure
which he has taken. Now, what Mr. Knox is talking about is for any future
bids and since Dawkins was also correct and he said that State Statures are
that anybody can bid, this answers that particular issue so that these
people are precluded from bidding anything else because they are deemed to
be irresponsible. Now, as you read that Charter, it says: "the manager may,"
it didn't say the Commission may. Read it again.
Mr. Knox: It says that any vendor who fails to live up to the provisions
may be declared irresponsible.
Mayor Ferre: By whom?
Mr. Knox: By the City Manager by correspondence in writting.
Mayor Ferre: That's what I said. The Manager may, and it can only be overriden
by this Commission.
Mr. Knox: Correct, yes sir.
Mayor Ferre: So the initiative of that is in the Manager's hands and not in ours.
Mr. Knox: Yes, sir.
Mayor Ferre: Anything else?
Mr. Plummer: Mr. Mayor, I think there is a very simple way of doing this, and
I would proffer this to be drawn in the form of an Ordinance or whatever is
necessary. Mr. Mayor, I think Commissioner Carollo has brought to this
54
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Mr. Plummer: (CONTINUED) Commission, thank God that he had information on.
And it is a sensitive issue, and I think maybe one of the things that we can
do in the future to prevent this from reoccuring is that from this day forward,
Mr. Manager, why couldn't we include in all bids on city projects, asking the
question, have you in the past, are you presently in any way dealing with
Communist Cuba? And that if you do from the award of this contract forward,
you are subject to having the contract cancelled. And I think that if you
include that in there and they have to answer it: yes or no, we have done
business in the past, or we are presently...
Mayor Ferre: That's a violation...
Mr. Carollo: J.L., if someone is violating the law, they're not going to tell
the truth. It is a violation of the law to do business with Communist Cuba.
Mr. Plummer: If they sign their name to it, that's where I think the cheese
would drip on you:
Mayor Ferre: All right, Mr. Knox.
Mr. Knox: Yes, sir, in that connection, perhaps I could suggest something that
may be a little broader in scope, and that is that we can make a, once again,
a policy determination that any prespective bidder who is the subject of
an ongoing criminal investigation, shall be declared an irresponsible bidder
until such time as the investigation has been terminated.
Mayor Ferre: I think that really gets to the heart of the... you want to move
it that way?
Mr. Plummer: Fine.
Mr. Carollo: Move.
Mayor Ferre: All right, Carollo moves, is there a second?
Mr. Perez: I second.
Mayor Ferre: Seconded by Perez, further discussion? All right, call the roll.
The following motion was introduced by Commissioner Carollo, who moved its
adoption:
MOTION NO. 82-274
A MOTION OF THE CITY COMMISSION STIDUPLATING THAT ANY
PROSPECTIVE BIDDER WHO IS THE SUBJECT OF AN ONGOING CRIMINAL
INVESTIGATION SHALL BE CONSIDERED BY THE CITY OF MIAMI TO
BE AN "IRRESPONSIBLE BIDDER" UNTIL SUCH TIME AS THE INVESTI-
GATION IS CONCLUDED AND HE HAS BEEN CLEARED OF CHARGES.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre.
NOES: None.
Mayor Ferre: Any other matter on this issue? All right, now before we break,
I would hope since all these people came here on items 8 and 9, and I frankly,
may I recommend, Mr. Manager, ...
Mr. Carollo: Chief, if I may, I think just by putting our cards on the table
here at this point in time we might be able to expedite things a lot quicker,
I'm sure the Manager would give his blessing now, instead of waiting
55
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14. REDESIGNATE N.W. 2 AVENUE BETWEEN N.W. 29 6 36 STREETS AS
N.W. 2 AVENUE/EUGENIb MARIA DE HOSTOS BOULEVARD.
Mayor Ferre: Any other issue, any other matter on this issue? All right, now
before we break, I would hope since all these people came here on items 8 and 9,
and I frankly, may I recommend, Mr. Manager...
Mr. Carollo: Chief, if I may, I think by just putting our cards on the table
here at this point in time, we might be able to expedite things a lot quicker,
I'm sure the.Manager'will give his blessings now, instead of waiting months to
do things. Chief, some of the (we touched on this briefly when we spoke) allegations
are reaching me; I'm very concerned about them. We have several police officers
in the department that are presently working for us now, at some point in the
past they left the department, they went to work for one of the firms that is
under indictment at this present time by the federal government for trading
with the enemy. These are those travel agencies that are under federal
indictment. If these allegations are true in any way, shape, or form, I would
certainly hope that our department had that information and is doing something
or will do something about it. I would be very concerned if we had officers
that left the department to go and work for a travel agency that is under
indictment for trading with the enemy and that there are allegations flying
around that during that time went to communist Cuba. At your convenience, we
could sit down and discuss the matter further but I think that it is time that
we don't ignore events of this nature. If indeed these allegations are true,
I would like to know why they were not brought to the attention of the
investigators conducting this background checks when these people reapplied,
or applied for our Police Department.
Chief Harms: Yes, sir, let me asure you that upon the completion of the
appropriate investigation, that we will in fact provide that information to
you, consistent with the questions that you just directed to me.
Mayor Ferre: All right, Mr. Manager, on item 8 and 9, I would like to
recommend the following. I know that this was a 3/3 vote on both cases,
and I find it rather unfortunate that the vote at the Planning Board was
on an ethnic line. In other words, the vote in the Planning Board was
three to three, the three Latins voting one way and the three Anglos voting
another way. It became an ethnic vote, sort to speak. Unfortunately, we
didn't have the seventh member there present to cast a vote. I realize what
the department's concern is, I realize that the Fire Chief and the Police
Chief and other citizens are concerned. The other side of the issue is that,
for example, in the Deostos case, we have a Martin Luther King Boulevard.
I think that the black community is entitled to honor the name of an American
black which symbolizes all of the positive things that all of us, and I'm
certainly not black but I ascribe to what Martin Luther King means to this
country. I think that it was appropriate to rename that particular street
"Martin Luther King." We've had many, many cases of naming, of renaming
streets or boulevards, some of them for commercial entities, such as Miami
Herald Plaza, or Herald Plaza, you know, these type of things. I realize
Cuban Memorial Boulevard, I realize that this perhaps causes confusion. I
think there is a simple way of avoiding that confusion and that is in the
same way that sometimes New York did it for a while, that 6th Avenue, Avenue
of the Americas, you know, so that people continue calling it 6th Avenue.
Let me give you a case in point in Miami: there was a big uproar in renaming
Bayfront, you know that was a group of Latin Business Leaders that wanted to
rename the park and wanted to call it the Park of the Americas. Well, a lot
of old timers said "No! This is called Bayfront Park." So ended up solving
the problem by naming it Bayfront Park of the Americas. Now those of you that
want to continue calling it Bayfront Park, and most people do continue to call
it Bayfront Park. Those who want to call it Bayfront Park of the Americas,
call it Bayfront Park of the Americas, O.K.? Now, I think the way to solve
this problem simply is not to change the name of 2nd Avenue, but to call it
N.W. 2nd Avenue and between 29th and 36th Street, put another sign underneath
which would call it Hostos Boulevard. Everybody is happy, the Police Department
can't be upset because it's still going to say 2nd Avenue, and you keep the
segment of this community satisfied that we've done for them the same thing
56 MAR 2 5 1982
Mayor Ferre: (CONTINUED) we did by renaming Martin Luther King or Cuban
Memorial Boulevard, or whatever. Now with regards to the Boulevard of the
Americas, I agree with the Concern that it should be called Avenue, because
that just confuses everything. But again, between N.W. 8th and 27th Avenue,
for those nineteen blocks, where we have close to a thousand merchants that
make their livelihood and spend all of their time trying to attract these
hundreds of thousands of Venezuelans and Colombians, and Central Americans
and Mexicans, and what have you, and Jamaicans, and people from the Caribbean
and Latin America, come up and spend their money and go shopping in these
little shops, that I don't think that anybody is greatly harmed, I'm not saying
please do not rename N.W. 20th Street and remove the sign, leave the sign
that says 20th Street and underneath you put another sign smaller in nature
so that there is no confusion and you call it Boulevard of the Americas.
What possible harm could anybody suffer from that?
Mr. Plummer: Well, Mr. Mayor, I think your point is well taken and I'll
give you another classic example that this Commission approved and that
was the Village of Coconut Grove. You'll find signs all around.
Mayor Ferre: Of course, and who's hurt by that?
Mr. Plummer: Absolutely no one.
Mayor Ferre: Is there a motion on item 8?
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-275
A RESOLUTION CHANGING THE DESIGNATION OF NORTHWEST SECOND
AVENUE, FROM NORTHWEST 29TH STREET TO 26TH STREET TO
NORTHWEST SECOND AVENUE/EUGENIO MARIA DE HOSTOS BOULEVARD;
DIRECTING APPROPRIATE CHANGES IN STREET SIGNS AND DIRECTING
THE CITY CLERK TO INFORM THE DADE COUNTY DEPARTMENT OF
TRAFFIC AND TRANSPORTATION, SIGNS AND MARKERS DIVISION; AND
AUTHORIZING THE APPROPRIATE DEPARTMENTS TO CHANGE THEIR
RECORDS.
(Here follows body of resolution, omitted herein and
on file in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
15. REDESIGNATE N.W. 20 STREET BETWEEN N.W. 8 AND 27 AVENUES
AS N.W. 29 STREET/BOULEVARD OF THE AMERICAS.
Mayor Ferre: Now item 9, is there a motion on item 9?
Mr. Carollo: Move.
Mr. Perez: I second.
57
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Mayor Ferre: It's been moved and seconded; further discussion on item 97
All right, we understand how this is stipulated, so that we don't have any
problem.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: If I could suggest because I agree with your policy that maybe
we could extend it even further by limiting, and I think we briefly talked
about this, by limiting individual streets per ethnic background to maybe
one in the whole city, therefore, we won't have the whole problem of this
being a domino effect.
Mayor Ferre: All right, that's a separate matter and I'll make a motion to
that effect.' I agree with your recommendation.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-276
A RESOLUTION CHANGING THE DESIGNATION OF NORTHWEST 20TH
STREET FROM NORTHWEST STH AVENUE TO 27TH AVENUE TO NORTH-
WEST 20TH STREET/BOULEVARD OF THE AMERICAS; DIRECTING
APPROPRIATE CHANGES IN STREET SIGNS; DIRECTING THE CITY
CLERK TO INFORM THE DADE COUNTY DEPARTMENT OF TRAFFIC AND
TRANSPORTATION SIGNS AND MARKERS DIVISION: AND AUTHORIZING
THE APPROPRIATE DEPARTMENTS TO CHANGE THEIR RECORDS.
(Here follows body of resolution, omitted herein and
on file in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mayor Ferre: I move you, sir, Mr. Carollo is chairing the meeting, that the
fallacy of this Commission is that with regards to renaming of streets and
boulevards in a partial manner that it be limited to one ethnic, well, how
do I word this, Howard?
Mr. Gary: To one ethnic rename per ethnic group.
Mayor Ferre: One rename per ethnic group. So that we don't have a rush of
all of a sudden, you know, we're going to have twenty people wanting to
come and name something.
Mr. Perez: But how do you understand that much, Mr. Mayor? For example,
an ethnic group Spanish, Puerto Rican, you have Cubans...
Mayor Ferre: What is an ethnic group? Is Hispanic an ethnic group, Puerto
Rican, I think we're going to get... Let's think about this a little bit.
Mr. Gary: O.K.
WHEREUPON, THE CITY COMMISSION WENT INTO
A BRIEF RECESS AT: 12:37 P.M., RECONVENING
AT: 2:28 P.M. WITH ALL MEMBERS OF THE CITY
COMMISSION FOUND TO BE PRESENT.
MAR 2 5 19.,62
Mayor Ferre: As I recall, when we left off this morning, do we have a
presentation to make? We have all these kids from Ecuador, is that right?
Mr. Plummer: Wagner.
Mayor Ferre: While we are waiting for that stuff, maybe there might be some
routine things we can get rid of and then we'll take these kids up and Mr.
Wagner. Is there any problem on items 3 and 4, those are noncontroversial
aren't they?
Mr. Plummer: What was the item that the department wanted to continue?
What was the item that the department asked to continue?
Mr. Gary: Number 7..
16. CONSIDERATION OF AN AMENDMENT TO 6871, ARTICLE XV-1 CBD-2
DISTRICT, SUBSECTION (8) HISTORIC PRESERVATION.
Mayor Ferre: All right, we need to do 2 over again and Terry you need to read
that so, Plummer moves and Carollo seconds, item number 2, an ordinance, would
you please read it and bring it to a vote?
CITY ATTORNEY PROCEEDS TO READ INTO THE RECORD TITLE OF ORDINANCE 9382, AS
FOLLOWS:
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, ARTICLE RV-1, CENTRAL COMMERCIAL CBD-2 DISTRICT
BY A. DELETING SECTION I, CONCERNING PURPOSE AND
SUBSTITUTING IN LIEU THEREOF A NEW SECTION 1; B.
AMENDING SECTION 3 CONCERNING LIMITATIONS ON USES BY
DELETING PARAGRAPH (1) AND SUBSTITUTING IN LIEU
THEREOF A NEW PARAGRAPH (1); C. AMENDING SECTION 5,
CONCERNING FRONT AND SIDE STREET SET BACK YARDS AND
MINIMUM DISTANCE BETWEEN BUILDINGS BY DELETING PARA-
GRAPHS (1) AND (2) AND SUBSTITUTING A NEW PARAGRAPH
(1); C. AMENDING SECTION 5 CONCERNING YARDS AND
MINIMUM DISTANCE BETWEEN BUILDINGS BY RENUMBERING
PARAGRAPH (3) AND (4); D. AMENDING SECTION 7 FLOOR
AREA RATIO BY AMENDING ITEM (a) AND DELETING ITEM
(d) OF PARAGRAPH (1); E. ADDING A NEW SECTION 9
CONCERNING PUBLIC AMENITY REQUIREMENT; AND BY RE-
PEALING 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 December 15, 1982
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Carollo, 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.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
THE ORDINANCE HAD BEEN DESIGNATED ORDINANCE NO. 9382
The City Attorney read the Ordinance into the
that copies were available to the members of
public. 59
public record and announced
the City Commission and to the
IVIA ► 2 5 1962
r
BY READING TEXT OF TITLE OF ORDINANCE 9382 AT
THIS TIME IT WAS THE CITY COMMISSION'S AND CITY
ATTORNEY'S INTENT TO INCORPORATE SECTION 8 INTO
SAID PREVIOUSLY PASSED ORDINANCE. (Please see
City Attorney's memorandum on file with the
City Clerk's Office accompanying Ordinance No. 9382.)
Mayor Ferre: All right, is item 3 a controvertial item? Anybody here want
to speak on item 3?
Mr. Plummer: Read the bottom paragraph; I think it will answer it.
Mayor Ferre: All right, we'll have to wait on 3 then. How about 4? That's
going to be... How about 5?
17. CHANGE ZONING CLASSIFICATION OF 2150 CORAL WAY, ONE LOT
ONLY, FROM R-C TO C-2
Mayor Ferre: The Planning Department recommended approval, the Zoning
Department recommended unanimous approval. Is there anyone who wishes to
speak on item 5? Are you against it? You're here as a proponent. All
right, gentlemen, this thing went through the department, it has recommendation,
and the Zoning Board recommended it unanimously, are there any objectors present?
Mr. Plummer: Well, let me ask a question. I notice that this is approval in
part and denial in part. Now is this here on appeal?
Mr. Percy: No, sir, the Zoning Board did not recommend all the applicant
asked for.
Mr. Plummer: Well, am I to understand under those circumstances that they
approved is approved, and that they are here on appeal on the denial portion?
Mr. Percy: No, the Zoning Board exists in an advisory capacity of change of
zoning, but they did not give the Commission a total endorsement of what
the applicant was seeking as far as the change of zoning goes.
Mr. Plummer: So that they are here on an appeal.
Unidentified Speaker: No we are not.
Mr. Whipple . No sir, the department and the board and the applicants
have agreed with the one lot only, not the three lots. It's a technical
advertised matter. The three lots were advertised, and the board and the
Planning Department and the applicants have agreed to only the one lot, 16.
So if you recommend granting lot 16 only, we're all set.
Mr. Plummer: Well, has that item itself been before the Planning Board as
such?
Mr. Whipple : Yes, sir.
Mr. Plummer: And what was the outcome of that?
Mr. Whipple . Sir, I'm sorry, I answered that wrong. They maintained
their original possition, or petition but the board recommended only the one
lot for approval and the other two lots for denial; of which the department
concurred with and recommends and which the applicants agree to.
Mr. Plummer: My question really, Mr. k'hipple, is I see they were ...
Mr. Whipple: Two replies in favor by mail, two proponents present in the
Zoning Board meeting.
60 �.:
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Mr. Plummer: Four objections by mail. Were those people afforded the
opportunity to speak to the reduced application?
Mr. Whipple: They spoke to the whole application and to the reduced application,
yes, sir.
Mayor Ferre: Are you ready to go on this, or do you want to wait?
Mr. Plummer: On the reduced?
Mr. Whipple: The one lot only as what everybody concurred with, even the
applicant will admit that's what the request is for.
Mayor Ferre: Is there a motion?
Mr. Plummer: Well I haven't heard him say a word. Sir, for the record, I need
your name, your mailing address, who you represent, and what you've reduced your
application to.
Mr. Simm: My name is Michael Simm, I'm an attorney with an office located
at 1600 Southest First National Bank Building, in Miami. We had originally
requested the rezoning of three lots, 14, 15, and 16. After our discussion
with the staff of the Planning and Zoning Boards we later reduced our request
to a pettition for the rezoning of lot 16 only. We have written a letter to
the Planning Department requesting an amendment of our petition to that extent.
Mr. Whipple: But as we were already in the mill with the three lots, that
stands.
Mr. Plummer: I understand, I understand, I just wanted him on the record.
Mr. Whipple: O.K., yes, sir.
Mr. Plummer: I'll move it.
Mayor Ferre: All right, there's a motion. There's a motion on the floor, is
there a second?
Mr. Dawkins: Second.
Mr. Plummer: As amended.
Mayor Ferre: Seconded by Mr. Dawkins, as amended.
Mr. Whipple: Could we say the one lot. Change the zoning on one lot, such
thing.
Mayor Ferre: All right, is everybody in agreement now? The record is clear?
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 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.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and passed on its first reading by title by the following vote:
61
MAR 2 5 1982
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AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre.*
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
18. PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS
Presentation of a Plaque to The Honorable Jorge Alvarez Montenegro,
Consul General of Costa Rica, upon his retirement.
Presentation of Commendation to Mr. Don Wagner for his cooperation
and involvement with the City of Miami Police Department.
Presentation of Certificates of Participation to the participants
in the baseball instruction program organized by Rene Janero, Leo
Abreu and Luis de Jesus of the City of Miami, for Club Deportivo
Piratas, of Guayaquil, Ecuador (chaperoned by Mr. Ricardo Fiore).
Presentation of Commendation to E1 Heraldo de Broward, only Spanish
language newspaper in Broward County.
19. AUTHORIZE CITY MANAGER TO APPROVE THE ASSIGNMENT OF BOAT
RENTAL RIGHTS FROM MARINE STADIUM ENTERPRISES, INC. TO
BISCAYNE BOAT RENTALS, INC.
Mayor Ferre: All right, we have a pocket item here that deals with Marine
Stadium Enterprises and Biscayne Boat Rentals, and it is recommended by
the Assistant City Manager and I asume the Manager that the City Manager
be authorized to execute an approval on the assignment of Marine Stadium
Enterprises, Inc.'s boat rental rights to Biscayne Boat Rentals, Inc. under
the terms of the concession agreement between the city and the marine stadium.
Is there a motion?
Mr. Perez: I move.
Mayor Ferre: It's been moved by Commissioner Perez, is there a second?
Mr. Plummer: I second it, Mr. Mayor, but I have to ask the Manager. He
was under explicit instructions that there were certain questions that were
raised here at the last meeting even realizing that it was by the competition
that he was under instructions to get those questions resolved and send us
an answer. I've not seen such.
Mayor Ferre: Well, in the memorandum we've just received, it says that
further stipulating...
Mr. Plummer: Sir, I have not received. Did I get a copy of it? I don't know.
What are you talking about?
ti
MAR 2 51982
r •
Mayor Ferre: The City will continue to receive the same 10.3% which is
currently received and which is derived from the operation. Further
stipulating that this approval is subject to the City Manager's resolving
the points raised by Mr. John Thomas, Attorney representing Marina Biscayne
previous to this item coming back to the City of Miami Commission for formalization.
The assigned document has been reviewed and approved by the City Attorney's
office, clarifying the provision that the city shall receive 10.3% of all
gross rentals from the boat rental operation. I asume that the points raised
by John Thomas have also been resolved.
Mr. Plummer: Mr. Mayor, I thank you and I want you to know that I read very
well when I have something to read. I had not seen this document.
Mr. Odio: Commissioner, I just received that about 20 minutes ago.
Mr. Plummer: I'm not trying to find fault, I'm just trying to bring up a point.
Mayor Ferre: It's not anybody's fault but mine. I'm the guy who's been pushing
this since this morning. It was held up at the Attorney's office. We got
it off the Attorney's office. I just want to make sure that along with you.
Mr. Plummer: And I'm all for it, I seconded the motion
Mr. Odio: By the...
Mayor Ferre: Let me finish, and then you'll have plenty of time; that the
differences with John Thomas, Marina Biscayne, have been resolved or been
resolved to the best of your satisfaction.
Mr. Odio: I have been informed, Mr. Mayor, by the Attorney, Vivi Bru, that
it's covering six, seven, and eight of the agreement.
Mayor Ferre: Point six, seven, and eight.
Mr. Odio: Yes, sir.
Mayor Ferre: Resolves the problems.
Mr. Odio: Yes, sir.
Mayor Ferre: The assignor, Marina, agrees that it shall continue all of its
obligations under its agreement of May, 1978 with the city and that this
assignment in no way shall relieve its agreement. Seven, the Assignee,
which is Biscayne, hereby assumes all the obligations on the part of the
assignor, Marine, to be performed under the Agreement. And eight, in
connection with the foregoing activities, Biscayne shall store their own
boats, trailers and the like on their leased area. Biscayne shall
construct improvements solely for the purpose of facilitating the
aforesaid activities. Any such improvements which are permanent and afixed
to the realty shall become the property of the city at the end of this
agreement and that no improvements shall be made without the prior written
consent of the city. Does that cover it?
Mr. Odio: Yes, sir, that's what I was informed by the Law Department.
Mayor Ferre: But you remember, Cesar, as your memo specifically says, there
was a condition set further stipulating that this approval is subject to
the Manager resolving the points raised by Mr. John Thomas, Attorney representing
Marina Biscayne.
Mr. Gary: They've been resolved, Mr. Mayor.
Mayor Ferre: O.K. That's all I...
Mr. Plummer: All right, will the City Attorney get on the record please
and state that they have gone over this and that they concur that the
points raised have been in fact resolved.
Mr. Percy: Our office have reviewed the resolution and documents and find
them acceptable.
C'3
MAR 2 5 1982
C
9
Mayor Ferre: Further discussion?
Mr. Plummer: The only question I have, Mr. Odio--
Mr. Odio: Yes, sir.
Mr. Plummer: I don't see anything in here of the company who is assuming the
concession in the way of a bond.
Mr. Odio:. Mr. Harrison, has that been covered yet?
Mayor Ferre: Will they assume all the obligations?
Mr. Plummer: The obligations, but I'm talking about a bond, a security bond.
Mr. H Marine Stadium Enterprises provides the city a bond and Marine
Stadium Enterprises is not totally resolved from their liabilities under this
assignment.
Mr. Plummer: Well not totally doesn't cover it. It's Hancock's problem?
Mayor Ferre: For the record your name -
Mr. Hancock: My name is Charles Hancock, I'm with Marine Stadium Enterprises,
the adress is 3501 Rickenbacker Causeway. The questions we have here now are
the questions that were raised by Mr. John Thomas during the last meeting when
we talked about this. The only question that we have unanswered is the question
as to water rights on the other side of-- as you know we're coming-- it's a
different issue
Mr. Plummer: Well, that's a different issue.
Mr. Hancock: Well that's the only thing.
Mayor Ferre: Charlie, you'd better quit while you ,are ahead.
Mr. Plummer: Well, but Charlie, my question is do you, representing Marine
Stadium Enterprises, understand that if this company causes a problem, financial
problem, that it is your bond that is standing good for them?
Mr. Hancock: Yes, sir, I do. That was explained to me this morning in the
Law Department.
Mr. Plummer: O.K., all right, fine.
Mayor Ferre: All right, further discussion?
The following resolution was introduced by Commissioner Perez,
who moved its adoption:
RESOLUTION NO. 82-277
A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE AND
ACCEPT THE ASSIGNMENT OF BOAT RENTAL RIGHTS FROM MARINE
STADIUM ENTERPRISES, INC. TO BISCAYNE BOAT RENTALS, INC.,
SUBSTANTIALLY IN THE FORM OF THE ATTACHED ASSIGNMENT.
(Here follows body of resolution, omitted herein and
on file in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
. 64 MAR 2 5 1982
ON ROLL CALL
*Mr. Dawkins: I vote yes reluctantly and my reluctancy is that I hate to get
something in a hurry like this and we constantly sit here and there are
certain items that can come before you and if there is no discussion on it
late and there are certain other items that come and there is a long drawn
out discussion, and I wish that we would get some kind of method in which
to operate. Either you're going to get them in time,and don't hear them
if you don't get them in time. I vote yes.
*Mr. Carollo: It was my understanding the Manager brought this up, I vote yes.
20. DISCUSSION AND CONSIDERATION OF 6371, ARTICLE XI-2,
RESIDENTIAL OFFICE R-CB DISTRICT
Mayor Ferre: We're on item number 3 now. This is on second reading, now
you will note that the R-CB District was adopted on March 16 with the caveat
that interested parties would have the opportunity of reviewing the exact
language. This item may be withdrawn if interested parties agree with the
ordinance language as stated by the Law Department. You mean "don't agree"
not agree, don't agree.
Mr. McManus: Don't agree, I'm sorry Mr. Mayor. Mr. Mayor, members of the
Commission, we have not had any communication with any interested parties
relative to the ordinance language. Mr. Percy states that he has not had
any suggested corrections on this point.
Mayor Ferre: Does anybody at this hearing, or as Ernie Fanatto would say,
at this here hearing, that would have any objections or want to change any
of the language?
Mr. Carollo: Is he sick today? Or --
Mayor Ferre: I don't know.
Mr. Carollo: I don't see him.
Mayor Ferre: Since he's not here, I thought that... but Dr. Thede is here
so we have one of our two loyal people here.
Mr. Plummer: Boy, is Janet Cooper going to be mad at you!
Mayor Ferre: Oh, and Janet is not here, but Dr. Thede is representing the
city.
Mr. Traurig: Mr. Mayor, for the record, Robert H. Traurig, 1401 Brickell
Avenue, if it would give the Commission comfort I did receive as attorney
for some of the property owners on Brickell Avenue a copy of these changes.
We're in total concurrence with them.
Mayor Ferre: All right, any further discussion? Is there a motion on item 3?
Mr. Carollo: Move.
Mr. Mc Manus: Mr. Mayor, I don't believe there is any action required.
Mayor Ferre: Oh, you don't need any action.
Mr. Percy: No, correct.
Mr. Gary: No, and we request to withdraw.
Mayor Ferre: So there is no vote needed, O.K., let the record reflect under
the discussion that we've already voted on this and this is just a housekeeping
item.
65 t�ln? 2 5 1982
21. GRANT CHANGE OF ZONING APPLICATION BY SPANISH INTERNATIONAL
COMMUNICATIONS CORPORATION FOR APPROXIMATELY 735-737 N.W. 26
AVENUE & APPROXIMATELY 736 N.W. 25 COURT FROM R-2 TO C-2
LESS NORTH 5 FEET OF THE PROPERTY.
Mayor Ferre: We're on item number 4, which is Spanish International Communications.
Is there --
Mr. Carollo: Could we have those lights knocked off, if there is no use for
them? Are you using.them? O.K. Fine.
Mayor Ferre: What are you taking pictures for?
• It's for a slide show for Human Resources. They are putting on
an orientation slide show.
Mr. Gary: For new employees.
. They need a succession of shots -
Mayor Ferre: We just need to be informed.
Mr. Gary: I told you at the last meeting.
Mayor Ferre: All right, we are now on item number 4. You are really making
a day out of this, aren't you councelor?
Mr. Traurig: Well, I have nothing else to do, Mr. Mayor.
Mayor Ferre: I believe that.
Mr. Whipple: Mayor, members of the Commission, this item is a request to
change the zoning of four lots from their existing R-2 classification to
the abutting C-2 classification it fronts on N.W. 7th Street. The department
has recommended denial of this item because they feel that the zoning change
requested encroaches into a substantial residential area and will have an
adverse impact on this area. As we have stated in our fact sheet, we find
no need for the additional commercial zoning, we do feel that it does
encroach into the residential area, both the facing lots and the lots further
to the north. On that basis, we have recommended denial.
Mayor Ferre: O.K.
Mr. Plummer: Question, Mr. Whipple, well councelor you can bring it out
during your presentation. What is the purpose of these additional lots,
is it parking or is it expansion of the buildings?
Mr. Whipple: If I may comment on that first, Commissioner, it is a change
of zoning. As you know, we do not have plans or we cannot attach plans or
conditions to a change of zoning. We do know in fact, at least we've been
advised, that it is intended to use for parking and also for what I called
a satellite dish recepticle to receive satelite communications, but I would
remind the Commission that we have no guarantees that those proposals would
follow through.
Mr. Plummer: Well, you do in a covenant, if they volunteer such.
Mayor Ferre: It would have to be a volunteer covenant.
Mr. Plummer: Well, you know, that's fine.
Mayor Ferre: Well, let me ask you something, I notice here that Mr. Perez-
Lugones, that two members abstained in the Zoning.Board. What was that
abstention based on?
A•
MhR 2 5 1982
Mr. Perez-Lugones: The abstention was based on one of the members being
employed by Channel 23.
Mayor Ferre: Oh.
Mr. Plummer: That's a good reason.
Mayor Ferre: Who is the other abstainee?
Mr. Percy: I believe it is one of the members who had a program on the radio
station and who felt that in her judgement, she should not participate.
Mayor Ferre: That's Alicia Baro.
Mr. Percy: Correct.,•
Mayor Ferre: All right, now I have the picture. Now, let us get into this.
Are there any objectors? Are there any objectors present? Councelor, I don't
want to deprive you of the right of making a long speach, but I would recommend
that half the votes here might be directly tied in reverse of the length of
your speach.
Mr. Traurig: Mr. Mayor, for the record, my name is Robert H. Traurig, 1401
Brickell Avenue.
Mayor Ferre: All right, I think we have before us the issue. It has been
properly drafted and written in your report, are there any questions?
Mr. Perez: Mr. Mayor, I would like to point out something. I think that I
that an investment of over $3 million in the in the little...
I think that it is an investment, I think, that the project, that's a great
project for this community. Yes, but I think that it would represent a great
asset for our community, for the whole community anyhow, especially for the
Little Havana community; and without any doubt I propose that the project be
approved and I move a motion that it be approved.
Mayor Ferre: I want to make sure, for the record, that the proposed change
of zoning has nothing to do with the economic impact that will be created by
this, that is totally illegal and that is not the basis of the vote. The
record is very clear in the hearing before the Zoning Board that the change
of zoning in this particular area is in no way detrimental to the wellbeing
of this community. It is not spot zoning because of the fact that it is
immediately adjacent to a C-2 area, and I think that there are ample zoning
reasons for us to rezone this as I read it into the record. Now there was,
as I understand... you are waving at me. I guess that means that you want
to tell us about some kind of a...
Mr. Traurig: Yes, I'd like to supplement what you are saying, so that the
record is extremely clear on the reason for the change in zoning, if you
would permit. I would like the record to show, Mr. Mayor, that the parking
that we propose on these new C-2 lots could be accomplished at grade. We
on the other hand, intend to build a parking structure and put that landscaping
which you see on the model on top of the parking structure. A parking structure
requires the C-2. We could have asked you for a conditional use to permit
the parking. We felt that the C-2 would accomodate the parking and in addition
give us the opportunity to create a park. Furthermore, as Mr. Whipple indicated,
we do have a dish antenna which would be located on a portion of this, which
would receive satelite communications. It's necessary to have that zoning for
that purpose.
Mayor Ferre: You were, as I understand, you were telling me that you wanted
the proper some kind of... why don't you explain it, because 1 don't understand.
Mr. Traurig: We have, if this Commission would like us to...
Mayor Ferre: No, no, this is your voluntary thing.
Mr. Traurig: I'm going to make it a voluntary covenant. And I'm going to
submit it voluntarily. I was going to say if this Commission would like us
to confirm that we will develop substantially in accordance with this plan
we herewith submit to you a declaration of restrictive covenants, voluntarily
67 MAR 2 5 1982
r
Mr. Traurig: (CONTINUED) without request of this Commission, so that it would
provide in paragraph one that the property would be developed substantially in
accordance with the plans described as, and then it describes the plans by Mr.
Eddy Francis, dated September 25;'1981, which are the plans on file with the
department and we voluntarily make this profer.
Mr. Plummer: Mr. Traurig--
Mayor Ferre: Now, wait a minute now J.L. Is that acceptable in language to
you?
Mr. Whipple: We have not seen a voluntary covenant, sir, but we probably would
have an opportunity between now and second reading.
Mr. Plummer: Bob, I heard what you said in your covenant, but for the record,
tell me in substance as to that of the model; and my great concern is the
difference between that wall and the nearest property line on the north. You
show a green area between the wall and the end of the model. What is the set
back between that wall and the property residential to the north?
Mr. Traurig: We have five feet between that wall and our north property line
within which we would plant in accordance with this planting plan, and as per
the plans which are on file with the city. If you want to know what is the
distance between the wall and the nearest structure to the north of us, I'd
have to compute that...
Mr. Plummer: No, structure no, property line.
Mr. Traurig: But our wall is five feet south of our north property line and
within that five feet we have plantings, and in addition to that, on the
south side of the wall, we have additional plantings; all of which are
reflected in detail in the plans previously submitted.
Mr. Plummer: All right, my other concern is really not a concern of theirs.
Mr. Whipple, what does this do to a transitional use?
Mr. Whipple: Well, it moves the transitional use possibilities approximately
100 feet northward. In other words, lots due north of it, one and six of
- block six, and three and four of block fifteen would now become transitional
use and could be used for an R-3, multiple family classification; or a R-CA
two story office structure.
Mr. Plummer: What happens, Mr. Whipple, if we give them all of their application
but the northern two feet?
Mr. Whipple: That would just knock (PAUSE) unless the property owners to
the north acquired that five feet, that would eliminate the possibility of
a transitional use, so if the applicants would agree to that and if somehow
we were guaranteed that they would not sell that five feet to the abutting
property owner, that would in essence stop transitional use from going to
the north.
Mr. Plummer: Well, couldn't they just add to the covenant that they will not
exercise that transitional use. Isn't that legal, Mr. City Attorney?
Mr. Whipple: That is a possibility.
Mr. Percy: I'm sorry, Commissioner.
Mr. Plummer: My main concern is that they get the use of transition for the
first 100 feet to the north. Those are basically residential. Now, is it
they have profered a covenant, is it possible that included in that covenant
they could waive that transitional, that they will not exercise that transitional
use?
Mayor Ferre: Wait, wait, wait, wait...
Mr. Whipple: No, that missed it just a little. Mr. Percy, that was based
under the assumption that we would hold the requested zoning five feet short
so they maintain ownership and as long as they don't sell that off to the
northern property owners and they couldn't use it for transitional use.
68 MaR 25 1982
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Mayor Ferre: Reboso? What's Reboso have to do with this?
Mr. Traurig: That's on the other side of the street. That's not our property.
Mayor Ferre: Will you stipulate that this is not in your property?
Mr. Traurig: Mr. Mayor, that's on the south side of Flagler Street, and we
never go there.
Mr. Plummer: It's across the street, how about the south side of 7th Street?
Mayor Ferre: Will you also stipulate, councelor, that when you walk across
the street there, you're always looking the other way. You were not in any
way influenced by that?
Unidentified-.; (OFF MIKE) Mr. Mayor, I don't live in the City of Miami.
Mayor Ferre: Oh, I see.
Mr. Plummer: Mr. Traurig, do you understand my concern?
Mr. Traurig: Yes, sir, if it pleases this Commission, we will withdraw our
request for the north two feet and we would nevertheless plant, using the
landscape plan that's reflected on our side plan, we would plant that exterior
landscaping within that area.
Mr. Plummer: I don't care if you do it that way, or through the covenant, but
I do feel that those people to the north have to be protected. Whatever is the
most easily and accessible way of protecting them, so that they are not overnight
faced with the transition.
Mr. Traurig: If it is the pleasure of this Commission, you could deny the
application as to the north five feet and grant the application as to the
balance. I'd like you to know that we don't need it for F.A.R. purposes...
Mr. Plummer: I understand.
Mr. Traurig: And it's merely for landscaping and for exterior ambience.
Mr. Plummer: What's the best way to accomplish it? Fine.
Mr. Traurig: Deny the application as to that north five feet. The wall would
fall within the area south of that.
Mr. Plummer: Fine.
Dr. Theede: Dr. Jane Theede, 150 S.W. 7th Street, I think this is rather
deceptive on what you're looking at. First of all, let me say that if the
City of Miami could have something like this more frequently, they'd have a
much prettier city, both in landscaping and building -wise. As I look at this
according to structure, your parking indicates that it is underground. It's
ground level and underground level, yet you just stated that it's ground level
and above ground. Now, this particular building and the adjacent lots are
rather high in grade. In fact, you're probably close to maybe 20 feet above
sea level, so you're not worried about ground water in that particular area.
Now, I don't understand why you're presenting to the Commission something that
is architecturally designed deceptive; because in reality, according to what
you've shown, the houses adjacent to it will be looking at the ground level
parking and yet you tell us that the houses adjacent to it will not be looking
at ground level parking, now which is it, sir?
Mr. Traurig: Doctor, let me explain to you. The parking structure is under-
ground. On top of the structure there is a roof, and on top of the parking
garage there is a roof, and the landscaping is on the roof. There are a very few
(OFF THE RECORD, STEPPED AWAY FROM THE MICROPHONE)
Dr. Thede: But then, what you're showing is correct. You have ground level
parking with the houses, and that wall will be no more than if I built a wall
around my house for privacy.
69 MAR 2 5 1982
0
0
Mr. Traurig: We're going to have an eight foot wall, and we're going to have
lanscaping on both sides of the wall so that anybody north of our property
would be looking at landscaping.
Dr. Theede: I think the city will be blessed with a building like this.
Mayor Ferre: And you can see, Dr. Theede, that around that wall there is heavy
landscaping on both sides, and I think that it is going to be a great addition
to the neighborhood. Further discussion on this? We have a motion on the
floor, dove?
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.
Was introduced by Commissioner Perez, 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
* Vice Mayor Joe Carollo *NOTE: Commissioner Carollo, though
Mayor Maurice A. Ferre absent on roll call, later requested
of the Clerk to be shown as voting
NOES: None. with the motion.
ABSENT: None.
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 second, with the addition as amended.
*Mayor Ferre: With the profered covenant which will be written and the amendment.
*Mr. Percy: The amendments.
*Mr. Plummer: The amendment of the north five feet.
*Mayor Ferre: Which will come back on second reading, O.K., is that acceptable
now?
*Mr. Traurig: I think that is a great solution.
Mayor Ferre: Now we've done 5 and 6, so we're now on...
Mr. Traurig: Mr. Mayor, can I inquire as to when this will come back? The 22nd?
Mr. Gary: No, the 11th.
Mayor Ferre: It will be the 11th.
?440 11AR 2 5 1982
y � � �_ �.wrM.�w..w►'!'w�Y.r.�•-M+..i�w• �. ....�41:. f- � :v . .. � /�.p .7f�: �"wii!p � if Yj�.
t •
22. CONTINUE PLANNING DEPARTMENT APPLICATION OF HERITAGE
CONSERVATION INTERIM ZONING DISTRICT AT THE REQUEST OF THE
DEPARTMENT
Mr. Perez-Lugones: Next meeting, April 22nd
Mayor Ferre: The 22nd.
Mr. Traurig:--Thank you very much.
Mayor Ferre: We're now on item number 7.
Mr. : Mr. Mayor, members of the Commission, item 7 is a Planning
Department application and we would request continuance of item 7 until
April 22nd.
Mayor Ferre: You don't need a motion for that, do you?
Mr. Percy: Yes, sir.
Mayor Ferre: All right, is there a motion for continuance of item 7?
Mr. Plummer: So move.
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Call the roll for continuance.
THEREUPON, THE CITY COMMISSION, ON MOTION
DULY MADE BY COMMISSIONER PLL%MER AND SECONDED
BY COMMISSIONER DAWKINS, UNANIMOUSLY AGREED TO DEFER
THE HEREINABOVE ISSUE BY THE FOLLOWING VOTE:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
* Vice Mayor Joe Carollo *NOTE: Commissioner Carollo, though
Mayor Maurice A. Ferre absent on roll call, later requested
of the Clerk to be shown as voting
NOES: None. with the motion.
ABSENT: None.
23. PLAT ACCEPTANCE - SEAROCK SUBDIVISION
Mayor Ferre: Now we're on item 13. This is accepting the plat entitled
Searock Subdivision. The Plat Committee recommends. The Zoning Board
recommended approval.
Mr. Plummer: What subdivision?
Mayor Ferre: Searock, N.W. 11 Street and N.W. 20 Avenue.
Mr. Plummer: This is item 10?
Mayor Ferre: Item 13.
71 MAR 2 5 1982
s
Mr. Percy: 13.
Mayor Ferre: 10 we passed." 10, 11, and 12 we've done.
Mr. Percy: 10 and 12 passed; 11 was pulled earlier:
Mayor Ferre: It was pulled earlier, I'm sorry. 13 we passed, I mean 13 is
before us.
: Yes, sir. This was a right-of-way that was closed by the
City Commission sometime ago with this plat. However, they did not pursue
completion of the plat and they had to renew it. They finally did renew it,
and that's why it is before this Commission today for final acceptance.
Mr. Plummer: Move it.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-278
A RESOLUTION ACCEPTING THE PLAT ENTITLED
SEAROCK, A SUBDIVISION IN THE CITY OF MIAMI;
AND ACCEPTING THE DEDICATIONS SHOWN ON SAID
PLAT; AND ACCEPTING THE COVENENT TO RUN WITH
THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION
OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE
DEPARTMENT OF PUBLIC WORKS; AND AUTHORIZING
AND DIRECTING THE CITY MANAGER AND THE CITY
CLERK TO EXECUTE THE PLAT AND PROVIDING FOR
THE RECORDATION OF SAID PLAT IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted herein and
on file in the Office of the City Clerk).
Upon being seconded by Commissioner 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 *NOTE: Commissioner Carollo, though
Mayor Maurice A. Ferre absent on roll call, later requested
of the Clerk to be shown as voting
NOES: None. with the motion.
ABSENT: None.
24. PLAT ACCEPTANCE - SIMPSON ADDITION
Mayor Ferre: We're on 14 which is Simpson Addition.
Mr. Plummer: Move it.
Mayor Ferre: Does that have something to do with you, Dr. Simpson?
Yes, sir. That is the Shell City site, if you remember
Mayor Ferre: All right, further discussion?
72 MAIR 2 5 1962
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-279
A RESOLUTION ACCEPTING THE PLAT ENTITLED SIMPSON ADDITION,
A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND ACCEPTING
THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING
THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted herein and
on file in'the Office of the City Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
* Vice Mayor Joe Carollo *NOTE: Commissioner Carollo, though
Mayor Maurice A. Ferre absent on roll call, later requested
of the Clerk to be shown as voting
NOES: None. with the motion.
ABSENT: None.
25. CONTINUE APPLICATION BY CORAL GATE niIN VILLAGE, INC. FOR A
ONE-YEAR EXTENSION OF A CONDITIONAL USE TO PERMIT A PUN.
r•.
Mayor Ferre: We're now on item number 16. This is an application by
Coral Gate Twin Village, Inc. for a one-year extension of a conditional use
Is the applicant here? Is the applicant here?
Did we cover 15, I'm sorry.
Mayor Ferre: Yes, we've done 15. We're on 16, which is Coral Gate Twin
Village, Inc.
Mr. Plummer: Where is the applicant?
Mayor Ferre: Does anybody know anything about this application to this
extension?
Yes, sir. It's a piece of property that lies out there between
Biscayne Boulevard and Federal Highway.
Mr. Plummer: No, 16.
Mayor Ferre: 16, 3400 S.W. 16th Terrace.
Yes, sir, as I have stated before it's normal that they come
in with preliminary architectural plans and if the final structural plans
and financing cannot be obtained, they usually have to seek additional time
for these items to be taken care of.
Mr. Plummer: Where is the applicant?
He was notified, I'm sure,
Mr. Plummer: Move to defer.
73
MAR 2 5 1�u2
I
Mr. Dawkins: Second.
Mayor Ferre: Is that near your place?
Mr. Plummer: Ah-huh.
Mayor Ferre: Where is it?
Mr. Plummer: Over by Sears
Mayor Ferre: By Sears?
. That's sort of the Southwest corner of the cemetery on 16th Street.
Mayor Ferre: All right, there is a motion that this item be continued when
the applicant is present, is there a second?
Mr. Dawkins: Yes.
Mayor Ferre: Further discussion; call the roll.
THEREUPON, THE CITY COMMISSION, ON MOTION
DULY MADE BY COMMISSIONER PLUMMER AND SECONDED
BY COMMISSIONER DAWKINS, UNANIMOUSLY AGREED TO DEFER
THE HEREINABOVE ISSUE (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.
*NOTE: Commissioner Carollo
absent on roll call, later
requested of the Clerk to
be shown as voting with the
motion.
26. GRANT APPLICATION BY DANIEL ARIAS FOR A ONE-YEAR EXTENSION
OF A VARIANCE AT 1815 S.W. 3 AVENUE.
Mayor Ferre: Is the applicant here for 17? You are, step forward, sir. This
is an application by Daniel Arias for a one-year extension on a side yard lot
width that was recommended to be approved by the Planning Department and was
granted by the Zoning Board 6 to 0.
. The Planning Department has no objection to the extension.
We did not have the opportunity to get a memo into your file that says that,
but we have no objection to the extension.
Mayor Ferre: Why is an extension necessary? Can you explain that?
Mr. Gonzalez: Yes, sir. My name is Ricardo Gonzalez. I'm an architect. When
we apply for approval, we were supposed to get a right-of-way from another
property, property, and the owner backed up from that statement.
And then, this owner is buying the adjacent property to have the entrance to
the back parking area. And that's why we need a little more time.
Mayor Ferre: Questions? Do you have any problems with this?
. No, I don't have a problem. I just want to say we have been
working with the people up until the last 30 days, so...
Mr. Dawkins: Move it.
Mayor Ferre: There is a motion. Is there a second?
74 MAR 2 5 1982
t 6
9
Mr. Perez: Second.
Mayor Ferre: Second; further discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins,
who moved its adoption:
RESOLUTION NO. 82-280
A RESOLUTION GRANTING A ONE YEAR EXTENSION OF A VARIANCE,
AS LISTED IN ORDINANCE NO. 6871, ARTICLE XI, SECTIONS 2
AND 3(2) (a), TO PERMIT THE CONVERSION OF AN EXISTING
DUPLEX STRUCTURE TO OFFICE USE ON LOT 3, BLOCK 18,
HOLLEMAN PARK (8-23), BEING 1815 SOUTHWEST THIRD AVENUE,
AS PER SITE PLANS ON FILE, WITH AN AVERAGE LOT WIDTH OF
50' (60' REQUIRED), AND SIDE YARDS OF 6.67' AND 7.2' (9'
REQUIRED); ZONED R-C (RESIDENTIAL OFFICE).
(Here follows body of resolution, omitted herein and
on file in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
* Vice Mayor Joe Carollo *NOTE: Commissioner Carollo
Mayor Maurice A. Ferre absent on roll call, later
requested of the Clerk to
NOES: None. be shown as voting with the
motion.
ABSENT: None.
27. AUTHORIZE CITY :MANAGER TO EXECUTE AN AGREEMENT WITH LEITNER
FREILICH FOR PROFESSIONAL SERVICES IN CONNECTION WITH IMPACT tt
' FEES L
Mayor Ferre: 18, formalizing motion 82-169 authorizing the Manager to execute
an agreement with Leitner Freilich.
Mr. Plummer: Move it.
Mayor Ferre: Moved by Plummer, is there a second?
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. 82-281
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO,
WITH FREILICH b LEITNER, P.C., FOR PROFESSIONAL SERVICES
IN CONNECTION WITH THE PREPARATION OF AN OVERALL IMPACT FEE
AND/OR FINANCING ORDINANCE FOR DEVELOPMENT OF CAPITAL
IMPROVEMENT INFRASTRUCTURES FOR THE CITY OF MLAMI, IN
AN AMOUNT NOT TO EXCEED $30,000; ALLOCATING FUNDS
THEREFOR FROM THE DOWNTOWN PEOPLE MOVER CAPITAL PROJECT.
(Here follows body of resolution, omitted herein and
on file in the Office of the City Clerk).
75
MAR 2 5 1982
il�.�r�.......�---,., _ _ _ . _ ---- - � -.ter - • �:..►+...u..--" -- - - J
t t
0
I
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.
,w 28. DISCUSSION OF AFFORDABLE RENTAL HOUSING DEVELOPMENT PROGRAM
AND APPRAISALS FOR 1200 W. FLAGLER STREET 6 2300 N.W. 14
STREET -TEMPORARY DEFERRAL
Mayor Ferre: I guess we're stuck on item 5, on item 19 through 20 whatever it
is until 5, right? Is there anything else anybody has to bring up at this time?
If not we are adjourned until 5 O'clock.
Mr. Plummer: Let me ask a question, now. I've already indicated, Maurice, I
have to be out of here at 6. I understand, what are we going to do on items
22 and 23. He's asked they be deferred.
Mayor Ferre: I know, but I tell you there's a legal problem, and I think there...
Mr. Plummer: O.K., I'm just asking.
Mayor Ferre: I think that we have to discuss the legal problem. I think I
will certainly go along with my colleague, Miller Dawkins' request that no
action be taken on this item today. But I do think we need to get the legal
definition of where we're at, so that we can instruct the Law Department as
to how to proceed to clarify whatever legal problems we have that are pending
on this.
Mr. Plummer: Well, can we do that now prior to the...
Mayor Ferre: Yes, I have no problems with that, except that you're going to
have Bob Traurig and not Marty Fine, who else is involved? There's Bob Paul,
and all kinds of lawyers coming down here.
Mr. Knox: And the indication to me was that they expected that item to be
discussed at 5 O'clock, those proponents.
Mayor Ferre: You're going to have lots of lawyers...
Mr. Plummer: No, I'm talking about, can you discuss now the legal problem of
deferring.
Mayor Ferre: Sure.
Mr. Knox: Oh, no, there is no legal problem of deferring, but the Mayor is
suggesting that these matters should be discussed, and I'm reasonably sure
that the other attorneys may have an opinion which would differ from the
City Attorney's office in that respect.
Mayor Ferre: You have to give them the right to...
Mr. Plummer: As to the legality...
Mayor Ferre: You have to give them the right to put it into the record.
Mr. Plummer: But there's no problem with deferring?
Mr. Knox: No.
M
,
9
Mayor Ferre: No, no, no, let me tell you what the legal problem is. As I
understand it, and George you stop me when I say something wrong now, we
want to build these thousand units. However, we have two legal and stranger
problems which must be overcome. Problem number one, is the bond indenture
itself. We have the question of Joe Guandolo's interpretation and the legal
ramifications, the usage of that money in a way that might be loosely inter-
preted, or that must be interpreted before the courts as applicable to the
indenture as it was adopted and verified through the courts when we went for,
what do you call that?
Mr. Knox: Validation.
Mayor Ferre: Validation proceedures, thank you. Second legal problem we have,
is that because of both the Watson Island and the Marina case there is a question
about what the procedure is for the contracting with entities to develop these
properties. _Until we get the Charter changed, assuming we get the Charter
changed, we are precluded from selecting a developer and then letting the
developer come back and do the development. The law seems to be very clear
at this point that we have to go on a specific project on a specific property,
and let it out for a specific bid, and that bid must be adhered to, it can't
be changed. Now, since we only have two of the ten properties that have been
earmarked for the development, there is really legally nothing'we can do except go
along those two projects. The problem then comes up as to what the developers
want to do. Whether or not they are willing to go through the process fully
realizing that Bankcock, or Wharehouser, or Arvida, or somebody may come along
who wants to develop the specifics that bid it, and outbid them and they're out.
Mr. Plummer: Well, the question that I want to get to, and I understand what
you're saying, but I don't recall at any time, Mr. Mayor, this Commission making a
decision as to what the two first properties and the location of the properties.
Mayor Ferre: No, we haven't. But the point is that of the ten the management
has identified, there are only two we own. The other eight, are not owned. So
for us to even...
Mr. Plummer: The one right now that we have in question is not owned by us.
Mayor Ferre: There are two properties, I understand, that are owned by us.
Mr. Plummer: 1200 West Flagler is not owned by the City of Miami, and I'm
questioning who made this selection?
Mr. Dawkins: And if they are owned by us why are we asking to provide CD funds
to purchase them?
Mr. Plummer: Well, no, this is for the appraisals.
Mr. Gary: No, regardless of whether we own them or not, we have to take appraisals.
Mr. Plummer: That's fine, but why isn't this Commission telling the Administration
which properties to select?
Mayor Ferre: We've never done that, J.L., as long as the staff recommends it,
then we come back, we accept or we reject.
Mr. Plummer: Fine, but if we have two out of ten, now give us the list of ten.
Mayor Ferre: I haven't seen it so I don't know.
Mr. Plummer: Well, I haven't either.
Mayor Ferre: I don't know anything about it, except that I was told that there
were two properties that we outright own and eight that they are recommending
that we do not own.
Mr. Plummer: This isn't... of these here, we might own the one, is it 2300
owned by the City?
Mr. Gary: I'm under the impression that neither one of these are owned by the
City, but...
Mr. Plummer: 2300 14th Street sounds like PBA to me.
Mr. Gary: Let me respond to the first question which is important. We provided
the City Commission, I think in November or October of last year, with a list
of those sites that we wanted to utilize for this program. The City Commission
reviewed it and endorsed it.
Mr. Plummer: In principle.
Mayor Ferre: Yes
Mr. Gary: Mr. Mayor, it probably would be best to discuss this after 5 for the
mere fact that Dena is not here and she has all the answers to the technical
questions.
Mayor Ferre: -'O.K.
Dr. Thede . Mr. Mayor.
Mayor Ferre: Yes, ma'am.
Dr. Thede Flagler and 12th will be totally inapropriate for anyone to live
at.
Mayor Ferre: Well, that's not before us now, Dr. Thede.
Mr. Plummer: Wait a minute, now.
Dr. Thede: It's a commercial district, the traffic there is horrendous.
Mr. Plummer: That's where I was born and raised, Doctor.
Mayor Ferre: Dr. Thede, that is not before us.
Dr. Thede: I'm saying that corner, I'm not saying that area.
Mayor Ferre: That is not before us at this time, and we will discuss it when
it is before us. Any further discussion? All right, we'll see you at 5 O'clock.
THEREUPON, THE CITY COMMISSION WrNT INTO
A BRIEF RECESS AT: 3:30 P.M., RECONVENING
AT: 5:09 P.M., WITH ALL MEMBERS OF THE
CITY COMMISSION FOUND TO BE PRESENT
EXCEPT FOR: Commissioner Demetrio Perez, Jr.
29. DISCUSSION OF BASE BUILDING LINES, DEDICATIONS 6 BONUS
PROVISIONS PER CITY COMMISSION MOTION 82-249
Mayor Ferre: Being that it's 5 O'clock, we'll begin the 5 O'clock hearing.
Reverend, how are you today? Good to see.you all. All right we're on the
5 O'clock hearing, we're about to get a quorum here in a moment. I've had
a request to take up the non-controvertial item 21 before we take up 19 and
20 because of an emergency. Here is the quorum, we'll take up item 21.
Mr. Manager, on the discussion of 21, which is the base building lines, dedications,
and bonus provisions, is there anybody here who wished to speak on that issue?
Mr. Fine --
(INAUDIBLE COM11ENTS FROM AUDIENCE)
Mayor Ferre: All right, Mr. Mc Manus --
Mr. Mc Manus: Mr. Mayor, members of the Commission, at the last Commission
meeting, this Commission directed preparation of an Ordinance that pertained
to the CBD-2 District. The direction to the Administration was that the
city should pay for certain property subject to dedication; or in lieu of payment
78 MAP 2 5 1982
0 9
Mr. Mc Manus: (CONTINUED) the property owner would receive equivalent floor
area ratio or other amenities or thirdly, if adjacent were vacated that the
property owner subject to dedication would receive a proportionate share of
the alley. Now, Mr. Mayor, members of the Commission, we're coming before you
at this point because both the Planning Department and Public Works Department
have problems with two of those points. First of all, since 1961, city's
policy has been to acquire lands subject to dedication through negotiations with
the developer, and the city has not been in the possition of paying for property
subject to dedication. Now, in the memo before you, there are instances given
of examples. For example, within the past year alone, the city has received
53 deeds by voluntary dedication. The are thus acquired for street right-of-
way is approximately 30,000 square feet. Now, we assume an average value of
$50 per square foot. The value to the city, then, is approximately $1.5 million.
Second example given in the memo before you is the voluntary dedication of the
right-of-way :for the 10-foot wide service road along Brickell Avenue between
S.E. 15th Road and S.E. 25th Road. The Public Works Department estimates that
the value of that land is approximately $7 million; therefore, we would recommend
on that point that the city continue its existing policy of acquiring right-of-
way by voluntary dedication or through the Plating procedure. Again, reminding
the Commission that the new CBD-2 District confers substantial development rights
to private property owners, correspondingly, the city should receive by dedication
those lands required to widen streets to serve that development. Now, going on
to the second point...
Mr. Plummer: Well, let's get back to that one. Are we going to be in effect
having an option? Fine, we're going to give them property rights beyond what
they paid for and bought initially. But aren't we going to be able to recoup _
a great deal of that in impact fees? It's their projects that are putting the
impact on the particular neighborhood. And as such, I think that is very
rightfully so, some of the way that the impact fees should be set as to cost.
Mayor Ferre: Let's focus on the issue. The issue comes about because Ted
Hollo owns what used to be the Red Coach property, O.K. Dan Paul comes before
this Commission, and he was the originator of this, and he says: "70 feet
isn't enough, you need 100 feet, and you need this, and you need that." And
so we come back and we say, "All right, now that is the main road that goes
to Miami Beach, and we do need to have it wider." For example, I didn't see
Dan Paul, or anybody else for that matter, come up and say, "We need to widen
the road that goes to Fair Isles, no, not the Fair Isles, to Claughton Island,
Brickell Key, which is going to have upteen hundreds of thousands of automobiles
going through there. That road is too narrow." See, and I guarantee you that
there is going to be as much traffic going in the year 2000 to Claughton Island
as there is going to Miami Beach. In that particular case, there doesn't seem
to be as much of a public need; or there wasn't somebody screaming on that
particular issue, you know, so we kind of jumped over it, but there was a public
need for the . . . and I recognize it, I mean, one thing has nothing to do with
the other. The fact is that we all recognize that Dan is probably right. As
a matter of fact, I really would want the Administration to revisit the widening
of that piece of property, I mean that street that goes to Claughton Island,
so do you want that in the form of a motion later on? What is sauce for
the goose, : has to be sauce for the gander. But getting back to this
particular issue here before us, there is no question that we need a wider
road on the Miami Beach Causeway, what is the name of that causeway?
Mr. Plummer: Venetian.
Mayor Ferre: Venetian Causeway, and that causeway comes very wide and then it
narrows down to a 70 foot road, and if we can make it 80 feet, it's just that
much better for the road; specially when we don't know what's going to happen
in Herald Plaza. Someday that property is going to be in a very dense part
of town. I guarantee you that will be as dense if not denser than the present
downtown, the way it's going. Now, so we want a wider road. The question is
how do we accomplish it? I think that it is a good purpose. Now we're going
to chop off ten feet from Ted Hollo's property. We either have to pay him, or
he has to do it voluntarily. If he does it voluntarily... he's not going to
do it voluntarily.
Mr. Plummer: Well, you had a good suggestion at the last meeting.
79 MAR 2 5 1982
Mayor Ferre: Yes, but see, they're rejecting it, and what I said was an either/
or. Either we pay him, or we compensate him by giving him an equal amount of
land and we close the alley; or we give him some kind of additional bonus on an
FAR, in the sense that we're going'to figure his line as if it had the full
property before we chopped off ten feet. Now, if he gives us that, why should .
we give him that FAR compensation?
Mr. Mc Manus: Mr. Mayor, let me respond to the second and third points you
just raised. The Planning Department has no problem with granting an equivalent
FAR to land subject to dedication. We have talked to the Law Department, and
the Law Department is currently researching that because that is not city
practice. We'd suggest to you, if there is merrit in the case at all, that
that should be applied city-wide.
Mayor Ferre: Sure.
Mr. Dawkins: Then are you saying that you'll go back retroactively and give the
people who gave you the 53 deeds voluntarily?
Mr. Mc Manus: No, that is just the dedication.
Mayor Ferre: See, if somebody owns a piece of property 100 feet wide and
dedicates 20 feet voluntarily, does not get paid for it, I don't think we
should hold that against him in the calculation of what is remaining, if
he's given it; because he doesn't have to give it. If he doesn't give it,
he has 100 feet, so his calculation would be based on 100 feet.
Mr. Plummer: And of course that's not where you come into the bind. Where
you come into the bind...
Mayor Ferre: That's not a problem evidently, the problem...
Mr. Plummer: Well, it's going to be. It's going to be a hell of a problem, let
me tell you why. People are owning property: today, and they are paying taxes
on that property today, but yet there is a thing that shows that there is a
dedication. That dedication extends over into what a man privately owns and
is presently paying taxes on.
Mayor Ferre: I have a little clock to you, so when you talk, which is frequent,
get your five minutes.
Mr. Plummer: Yes, that's true. It's obvious that that did not show up until
the afternoon because that thing would have rung off the hook with you this
morning.
Mayor Ferre: This is called my Plummer clock, for those of you, this gauge
is the number of minutes that he speaks, see? O.K.
Mr. Plummer: What I'm saying is the problem is going to become worse and worse
is the fact that people own that property in what is now shown as a dedication.
And they are paying taxes on it; and yet we're telling them by what you're telling
us, that they can't use that property, and they can't have that property. But
yet we're still telling them, "you have to pay taxes." That's where your rub
is going to come.
Mayor Ferre: Yes, but see, if we take away a strip that they have been paying
taxes on, we're giving them something of value in return.
Mr. Plummer: What are you giving them? A wider street?
Mayor Ferre: Besides a wider street, we're also giving them the right to
maintain the FAR that they would... ,
Mr. Plummer: They are recommending against that.
Mayor Ferre: No, they are not recommending against that.
Mr. Mc Manus: What we're saying, Commissioner, is that that is not current
practice with the city. However, the Planning Department has no problem with
extending floor area ratio to that dedicated land provided that we get an
agreement from the Law Department. We also would propose that if it make sense
so
MA
R 2 5 1982
Mr. Mc Manus: (CONTINUED) in the CBD-2 District, it makes sense city-wide.
Mayor Ferre: Yes, I have no problem with that.
Mr. Mc Manus: Mr. Mayor, can I go on quickly to the third point? The third
point is that if a property owner would dedicate land, say on one side of his
property, he would then receive a proportionate share of a vacated alley in
the south side of his property. Now, the State Plotting Laws say that if
the city were to abandon and vacate an alley, the land automatically reverts
half and half to the abutting property owners. The city cannot determine,
before the fact, who gets what portion of a vacated alley.
Mayor Ferre: Understood, but since that happens to be a 50 foot street, no?
30 foot? Mr. Campbell --
Mr. Campbell: Mr. Mayor, I'm in error and I apologyze that that is a zoned
35-foot wide street.
Mayor Ferre: O.K., so a 35 foot, half of 35 is what, 1711 feet, and we're,
taking 10 feet on one side, he'll get 17 on the other.
Mr. Mc Manus: The point here Mr. Mayor, is that that is all going to happen...
Mayor Ferre: Automatically, I understand.
Mr. Mc Manus: Automatically, subject, of course, to the approval of this
Commission.
Mayor Ferre: Mr. Mc Manus, I don't think that the property owner has a major
hang up or problem on that. All right, can we hear from Mr. Fine?
Mr. Fine: For the record, my name is Martin Fine, 2401 Douglas Road, I'll
be very brief, Mr. Mayor. We're basically aware of this proposal because we
received it this morning, and we're saying is, you all read it into the record
last time, in referrence to the property on 15th street, what your intention is.
We're saying we'd be pleased to work with the Law Department to try to adopt the
policy that would be fair and uniform and in the event for one reason or another,
for any legal reason that it couldn't be adopted, that that would then, because _
of the unique nature of this particular piece of property, how narrow it is
and everything else, be the basis to come in for a variance. What we're saying
is that basically we are in accord with the discussion at the last meeting.
We're sympathetic to the questions raised here in this memo from Mr. Mc Manus.
We think there are some more constructive ways to approach that to protect the
city and to carry out the property owners intention to build something worthwhile
on that project.
Mayor Ferre: What do you recommend we do at this point, Mr. Fine?
Mr. Fine: I recommend you give us an opportunity to work with the City
Attorney's office and the Planning Department to come back to you with some-
thing that is appropriate and equitable.
Mayor Ferre: Is that acceptable to you, Mr. Mc Manus?
Mr. Mc Manus: Yes, it is.
Mayor Ferre: All right, Mr. Manager, is there anything else we need to discuss
on this? Do you need any action on it?
Mr. Gary: No, sir, I'll accept Mr. Fine's recommendation.
Mayor Ferre: All right, then we don't need any action on this, right?
Mr. Gary: No, sir.
MAR 2 5 1982
30. DISCUSSION OF PLANNING DEPARTMENT APPLICATION- HERITAGE
CONSERVATION, HC, ZONING DISTRICTS; HERITAGE CONSERVATION
BOARD, WITHDRAWN s:
Mayor Ferre: All right, we're now on item number 19.
Mr. Plummer: Mr. Mayor, I just want to remind you again that as I announced
earlier this morning, I have to leave at the latest at 6 P.M.
Mayor Ferre:. All right, we're now on item number 19. This is an ordinance
on first reading and this is the heritage conservation zoning district, the
Planning Advisory Board recommended approval 6-0. Are there any applicants?
I mean, are there any speakers here on this of first reading?
Mr. Dawkins: Move it.
Mayor Ferre: All right, there is a motion, is there a second on first reading?
Mr. Percy: Mr. Manager --
Mr. Plummer: I have a lot of questions next.
Mayor Ferre: Do you want to second for purposes of discussion?
Mr. Plummer: Second for purpose of discussion.
Mayor Ferre: All right, start the questions Plummer.
Mr. Plummer: Ms. Meyers, my basic question still is the same as it has been
in the past. As I read this, if this ordinance is created, it can cause a six
months' delay in an owner utilizing his property as he sees fit. Is that correct?
Ms. Meyers: Are you referring to the moratorium section of the ordinance, or
the demolition delay permit?
Mr. Plummer: Well, you tell me which one I'm referring to. What condition --
Ms. Meyers: The ordinance, the Board holds a Public Hearing on a demolition
permit request. The Board has three options that they can take: they may
_ approve the demolition if the owner proves economic hardship; they may deny
the demolition, if clearly there is no economic hardship; or as a third
alternative, they may approve the demolition with a delayed effective date,
that may be for one month or two months or for a maximum of six months.
The purpose of that is precisely what the discussion of this morning was all
about on the Sears building. The purpose of the delay is to allow for a
discussion between both sides to try and work out a compromise.
Mr. Plummer: And I have no problem with that. Now, what can in effect this
ordinance delay an owner timewise?
Ms. Meyers: Up to six months on the demolition.
Mr. Plummer: And we're speaking then possibly on demolition.
Ms. Meyers: Demolition.
Mr. Plummr: O.K., and on projects such as we see downtown, it could equate itself
to a million dollars a month, that kind of a situation. O.K., Mr. Mayor, my
philosophy comes over to this as well as to others, I think it is wrong for
government to be able to tell a man he cannot exercise what this country was
founded on, the right to free enterprise. If I go out and I buy a piece of
property, and I own it, I pay taxes on it, and I want to do something with
that property as long as I abide by the zoning codes and the South Florida
Building Codes, I think I should have that right to do such. If government
wants to come in and tell me what they can do with my piece of property, let
them buy it, let them buy it, but don't confiscate my piece of property
8N MAR 2 5 19812
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Mr. Plummer: (CONTINUED) without compensating me, and that's exactly what
you're doing when you put a six months' delay or longer. I don't know, let
me ask one other question. If this Board denies the demolition permit, what
happens?
Ms. Meyers: The owner may appeal to the City Commission.
Mr. Plummer: And if the City Commission denies it?
Ms. Meyers: Then they appeal to the Court.
Mr. Plummer: Why should the owner have the impetus on him to prove that it
is an economic hardship to him? That's radically wrong! We're losing something
here!
31. AMEND 6871, ARTICLE IV, SECTION 26 TO PERMIT TRANSITIONAL USES
FOR ANY LOT IN AN R-T DISTRICT
Mayor Ferre: All right, I'm going to call a stop to this for a moment here
and let the Manager talk to staff because I think he has a proposal or some
thing that might solve some of these problems. In the meantime we can. . .
I have some misgivings on that. . . In the meantime we can take up... is
20 a controvertial item? Ordinance, first reading, comprehensive zoning
on a permit transitional use for any lot to an R-T district. Does anybody
have any problems on item 20?bcfore us?
Mr. Plu=icr: I don't.
Mayor Ferre: Whipple, that's not a controvertial item, is it?
Mr. Whipple: No, sir, I'd be glad to explain it if you need any information.
Mr. Plummer: Move it.
Mayor Ferre: There is a motion on item number 20.
Mr. Dawkins: Second.
Mayor Ferre: It's been moved and seconded. Are there any speakers here?
Are there any speakers on item 20? If not, read the ordinance on item 20.
A►IN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
OF MIAMI, ARTICLE OV 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 OF SAID ORDINANCE NO. 6871,
BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION
2, THEREOF; BY REPEALING ALL ORDINANCES, CODE
SECTIONS OR PARTS THEROF 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 Miller J. Dawkins
* Vice Mayor Joe Carollo *NOTE: Commissioner Carollo,
Mayor Maurice A. Ferre though absent on roll call, later
requested of the Clerk to be shown
as voting with the motion.
83 MAR 2 5 1900)
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11
Im
32. COt1TrNUE UFARVIG OF PLk*1I11G DEPART N.TiIT APPLICATION
ON F'.ERITAGE COVSERVATION, EC F07 FUPIEM STUDY
Mr. Plummer: You know, Mr. Mayor, I don't want this to be misunderstood from
my standpoint, because I am all for preserving some of the old buildings of
this community, but if we are going to collect impact fees, let's take some of
that matey, and buy them and put them in City ownership. Okay? But, let's
don't tell a man what he can do with his property, and what he can't. You
want to tell him, fine. Buy him out.
Mayor Ferre: We do it..zoning is nothing but that. That is within...I am not
a lawyer, but I know that zoning constitutionally has been upheld as within the
rights of the City Commission to protect the rights of the citizen at large.
In other words, it is within the policing power of government to do these things.
We have the same issue, for example, with trees.
Mr. Dawkins: Mr. Mayor?
Mayor Ferre: Yes, sir?
Mr. Dawkins: I withdraw my motion, and ask for this to be deferred.
Mayor Ferre: There is a motion now, that this item be deferred. It has been
seconded. Further discussion on Item No. 19? This will then normally come
up for first reading ... do we have a problem with the 90 days?
Mr. Percy: Not on the continuance for further study and clarification.
Mayor Ferre: This is a continuation for further study. Mr. Traurig, rather
than come up before this Commission with a lot of these suggestions, I would
be grateful if you, and those that are interested parties and affected
parties would work along with the Dade Heritage Trust and that is so that
perhaps we can have a little bit smoother sailing when it comes before the
Commission. My guess right now, Arva, and for those of you that are here are
that even if we have a motion on this that we are alive, I don't think that
you would get three votes on this, and I don't know what would happen when
we have a full Board, but I just don't ... now I don't know; I haven't talked
to any of these Commissioners, but I would sense that this would not be easy
sailing today, so I think you would be better off. if we try to work it
out administratively through Staff and then come back, hopefully with a little
bit more united approach.
Mr. Traurig: Thanks for the invitation; I would be happy to do that and I
think there a lot of other people whose property could be severely impacted
who might want to participate in this discussion.
Mayor Ferre: There is a motion on the floor that this item be continued for
the purposes of further investigation.
Mr. Blake: Mr. Mayor, Tim Blake, attorney, and I have my offices at 66 West
Flagler Street, Miami. I just like to point out to you your Honor and members
of the Commission, that a lot of work has been involved to reach this point.
Mayor Ferre: Mr. Blake, you don't have the votes.
Mr. Blake: I know. What I am just saying is that we would like to commend
the Staff for the excellent job they have done and thoroughness of their pre-
paration and the openness and public hearings they had, and how we participated
with them in reaching the present state and its publication and its wide dis-
semination and there has been a lot of interchange and a lot of discussions
to this point, and a lot of hard work to get to this point, and there is a
deadline with the County of June 30th.
Mayor Ferre: I understand. Alright, and Joe and Joyce, let me on the record
say that this is no way a reflection on you and the work that you have done.
but you know this is hard going, and I don't think there is a very clear under-
standing of a lot of these things and my strong recommendation to you and to
the Manager through him to you is that you do a little lobbying; that you go
and explain this to the members of the Commission, and Arva, I have never known
you to be too timid, and go over and talk to Plummer and talk to Miller and to
Joe, and you convince them of it. I think they have got some very valid concerns.
MAR 2 5 19"
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Mayor Ferre: (con't) I think there are some serious problems and I think
you need to explain the issue a lot better than I think it has been explained.
So, I think you have got some work to do. Alright, further discussion on this?
Yes, sir?
Mr. Thompson: Mayor Ferre, Paul Thompson. I am here as Executive Director of
Dade Heritage Trust, 190 S. E. 12th Terrace. Your point is well taken about
having further discussion; although as Mr. Blake has pointed out, there have
been hundreds of hours of discussion so far, but we would suggest that you
direct the City Manager and his Staff to come up with a workshop circumstance
whereby Mr. Traurig and any other interested parties could have some input.
Mayor Ferre: I would recommend that the main law firms that deal with proper-
ties in the City be notified and call a workshop and bring them all together.
Post it and send registered letters to them so that they can't say that they
were not notified - and wecan't notify all of the property owners because there
is no way that we can do that - but you can notify the top ten law firms to
do - you know who they are. If you don't, I am sure that I'd be happy to give
you a list.
Mr. McManus: Mr. Mayor, in the spirit of carrying forth your suggestion we
are going to suggest that the Planning Department will hold a workshop will
hold a workshop 2:00 o'clock P.M., Wednesday, April 7th in the Planning Depart-
ment Conference Room in the new Administration building.
Mayor Ferre: Sir, that is fine, and you tell the law firms; Mr. Traurig is
here; Mr. Fine, I think, left; you can tell Paul & Thompson.
Mr. Plummer: Why in the afternoon? Why not in the evening? Why not hold it
in the evening where everybody would have a chance to attend?
Mayor Ferre: Well, I am sure it will be more than one, and I am sure that is
a good beginning and that these lawyers will all be there, as they all have
their clients to represent, and I have no problem with that.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. McManus: We would make it at Tuesday, April 6th, 2 o'clock P.M. at
Planning Center.
Mayor Ferre: Fine. That is a good beginning. There will be other oppor-
tunities, I am sure. Alright, call the roll now.
The following motion was introduced by Commissioner Dawkins, who moved its
adoption:
MOTION NO. 82-282
A MOTION OF THE CITY COXIMISSION CONTINUING HEARING OF AN
APPLICATION BY THE PLANNING DEPARTMENT IN CONNECTION WITH
HERITAGE CONSERVATION, HC, ZONING DISTRICTS (Agenda items:
19(a), 19(b), and 19(c) ), FOR FURTHER STUDY AND CLARI-
FICATION.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
ON ROLL CALL:
Mr. Plummer: Is this on (a), (b) & (c)?
Mayor Ferre: Yes.
MAR 2 5 1982
11
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33. DESIGNATE FIRMS OF BRADLEY PROPERTIES, INC, AND RELATED HOUSING
COMPANIES -CONSORT, LTIL AS QUALIFIED TO PARTICIPATE IN PRODUCTION
OF RENTAL HOUSING UPIITS•FOR THE AFFOP.DABLE RENTAL HOUSING
DEVELOPMENT PROGRAM.
Mayor Ferre: Alright, we now are on Item 22 and 23. We have got some lawyers
and people from out-of-town. There was a request, Mr. Paul, to you and to your
client, and Mr. Traurig, and Mr. Cardenas, to you and to your client, there was
a request by Commissioner Dawkins that this whole item be deferred. I told
him that I didn't think that you were going to be able to come to a vote on
it anyway, but that there was a very serious legal problem that needed clari-
fcation, and that I thought that there might be some solutions, and that I
would hate to have to lose another month, since we will desperately need
these 1000 units of housing, so with that, Dena, would you begin by explaining
where we are at, and then Mr. Knox, would you give us the legal position and
then lets let all the attorneys....
Mr. Plummer: Mr. Mayor, I have got to have an answer, because, as you know, I
am working out. Is it the understanding as I walk out the door at 6:00 o'clock
that there is not a decision going to be made today. Okay, then I can pick up
on...
Mayor Ferre: Other than in a legal realm, that we may have to make a legal
decision here.
Ms. Spillman: Very quickly, as per your request, we issued an invitation for
a proposal for 1000 units of rental housing. We issued that request national-
ly. We received in response to that eleven proposals. The City Manager se-
lected a selection committee, the names of which are in your package. I might
add that Mr. Dick Davenport from Ameri-First Development Corporation, from
the private sector,sat in the committee and is supportive of our recommenda-
tion. The committee narrowed down the numbers of developers who felt we
should talk to to five. We interviewed five of them and we have a recom-
mendation for you of two companies that we feel are very well qualified to
carry out this program.
Mayor Ferre: The question is, are we legally in posture to award 1000 units
housing at this time? Mr. Knox?
Mr. Knox: Yes. In answer to your question, Mr. Mayor, in simple terms, is
"no". The explanation is as follows: There are two processes involved.
One involves the development of the housing units, but more importantly,
the acquisition of those sites for housing. Now, the County Attorney has
oo:nad in concert with your City Attorney's office and our bond counsel.
that the disposition of the property by the County must be done by competi-
tive bidding as required by the State Statute, such that while the City is in
a position to prequalify those developers who are capable of constructing
the housing unit, those developers have the following two problems: No. 1,
each site that is disposed of by the County must be disposed of by competitive
bidding, and No. 2, that no individual entity can be selected at this time
to do development because neither of them has purchased the property by com-
petive bidding.
Mayor Ferre: Well, what is the solution, if any, and what are the next steps.
Mr. Knox: The solution is that the City Commission does have the power, based
on those qualifications that have been examined by the committee, and are
recommended to the Commission to pre -qualify these two companies. Now, what
that does is, that leaves...
Mayor Ferre: But, that doesn't exclude anybody else from bidding?
Mr. Knox: That does not exclude anybody from bidding, nor does it exempt them
from the requirement for bidding?
Mayor Ferre: So what does pre -qualification mean, I mean, if it has to all
be bid anyway. This is what is called the Watson Island run-around, right?
86
MAR 2 5 1982
Mr. Plummer: But, how can go out and even secure property that is in the
private sector to make a bid? The companies don't have the right of eminent
domaine. Only the City does.
Ms. Spillman: Commissioner Plummer, we will be purchasing all the properties
for this program. They will not be purchasing any property.
Mr. Knox: They will be buying it.
Mayor Ferre: Who is they? We?
Mr. Knox: No, the developers.
Mr. Plummer: They will buy it from us.
eminent domain.
Mayor Ferre: That is right.
Ms. Spillman: If required.
Mr. Plummer: If required, yes.
So, in other words, we instigate the
Mayor Ferre: If required. Alright. Are you finished with your statement?
Alright, are there any questions from the members of the Commission as to
the legal position as stated by Mr. Knox. If not, we can hear from the lawyers.
Mr. Plummer: I think that...then you know, tell us where we are and where
we go from here as I think...
Mayor Ferre: Well, he just did, and let's hear from the lawyers and see if
they have any problems with that legal interpretation, and if so, what they are.
Mr. Paul: Okay, I will go first. My name is Robert Paul; I am an attorney
from Robby Construction, 200 S. E. 1st Street, Miami. We have researched this
question independently of the City Attorney's office, and unfortunately, we
have come to the conclusion that we cannot proceed today and that the City
Attorney is correct. I am afraid that as much as we are ready and willing
and able to go forward, and our client is anxious and has spent money to
prepare and do what he thought was right and proper and it is just not
going to hold up under court review and our opinion is also going to have
to be deferral.
Mayor Ferre: Alright. Mr. Cardenas?
Mr. Cardenas: Yes, Mr. Mayor, I think a lot can be accomplished today and
still comply with the items that are going to be left over that are primari-
ly legal items, and the matters that I think can be handled today, and I
would hope that the City Attorney might be able to provide us with this
opinion relative to this as follows —There are two separate issues here.
One issue, of course, is whether there should be a competitive bid on the
acquisition of the sites from the City, once the City has exercised its
eminent domain powers, and the other issue is, which developer is going to
develop these properties, regardless of who purchases these sites from the
City. And, I think that a comprehensive job has been done by the City and
that comprehensive job entails a comprehensive request for a proposal, entails
eleven developers providing you with a bid, entails a selection committee
going through a two or three phase process to determine that developers have
complied with the R.F.P., and best qualified to provide you with a quality
product as far as affordable low and moderate income housing - rental housing
is concerned and I think that you are in a position or a posture where you
can say the following today: You can say, yes, we have submitted an R.F.P.,
and yes,, there has been a selection committee appointed, and yes they have
done a job that we can be proud of, and yes, we are going to accept their
recommendations with the proviso that there be further consideration as to
a legal issue vis-vis the County and the City, and assuming that these legal
issues can be resolved, we will go ahead with selection committee's recom-
mendation. I think that stage we can resolve here.
Mayor Ferre: Al, I don't know whether I heard right. Please, clarify for
me. The City Attorney says that we, at this stage of the game cannot make
final determination of who the developer is because it is meaningless. Now,
8 t
MAR 2 5 1982
Mayor Ferre: (con't) suppose we say we will appoint the ABC Company to be the
developer, okay? Fine. Everybody..the developer is now very happy. ABC
goes out, designs the thing. We have to go out and bid it. Then, along comes
Babcock, okay?...and along comes Arvida and decides to bid against you for pro-
perty on 12th Street, the one on the river, the one on Flagler Street, and they
are the low bidder, and you are out.
Mr. Dawkins: Mr. Mayor, I think the "yes" that you left out, sir, is this.
Yes, there.will be competitive bidding if I can vote for it. We are not going
to take the City of Miami's dollars and purchase land and have a developer
make a profit without paying for it, so there will be competitive bidding on
any land acquired, providing that is legal. Now, in the event that the courts,
or the law says that we do not have to competitively bid the land we have ac-
quired with the tax dollars, then we give it to them, but if the law says that
this land must be competitively bid, then that is all we ask, and we will have
to do so. Now, that is the "yes" that you left out.
Mr. Cardenas: I think that observation is well taken, Commissioner. I think
that the issue that I wanted to raise was that, yes of course, this is subject
to competitive bidding, but our position is that that competitive bidding has
already to a great extent taken place. You have had eleven competitors bid
on this R.F.P. What you have now is an issue that has been raised that has to
be resolved with County attorneys and your own attorneys, of course, relative
to whether a competitive bid additionally has to take place after the land
has been acquired.
Mayor Ferre: Al, we have just been through this thing and got knocked out by
the Supreme Court of Florida on Watson Island, and then we got knocked out
over here at the marina, and the Supreme Court of Florida says "City of
Miami, you cannot do that. You cannot go out and get a developer and then
change the whole thing and not put it out for competitive bids". What you
bid is what you get'. No more, no less. Now, if we were to choose your
client, let me tell you what George Knox told me the other day about the
situation that Rcnnie Fine and Diplomat World is in on this particular issue.
If we have to go on the Diplomat World proposal and put it out for bids, it
is the opinion of the Legal Department, as I understand it, that Ronnie Fine
and Diplomat World are precluded from bidding it. You know why? Because they
were an interested party, and therefore they are now legal bidders, legally.
And I can't get around that, legally. Now, if I do what you are telling me,
and I don't mean to be -I don't want to argue with you, because you are the
attorney and I am not - do you know what in effect you would be doing? You
would be precluding your firm from bidding on the final product.
Mr. Cardenas: Mayor, I think you are absolutely right, and I perhaps didn't
explain myself right. I didn't ask to be selected as a developer today. As
selected is a word of art here, and I want to be very careful in what I am
saying. What I am asking you to do is to adopt a recommendation of your
selection committee, which you all appointed, pending further action, pend-
ing any further action, pending your City Attorney's recommendation.
Mayor Ferre: Okay, I am willing to do that. Can we do that legally?
Mr. Knox: That is the way that the resolution is drafted now. The resolu-
tion is drafted now in such a manner that - and this is the value, if you
will, of the pre -qualification process - that the County Attorney opined that
there is no requirement for competitive bidding for the disposition of County
property, then the City Commission would make a selection from the two that
have been recommended by the committee. If the County Attorney opines that
there is a requirement of competitive bidding for the disposition of the pro-
perty, then there is no value to be gained by the designation of the recom-
mended business entities except, I must point out that there may be some
time savings in the sense that price of the property is not a conclusive
factor of such, if the prices offered are not so disparate as to be un-
conscionable, then the City Commission would be in a position to consider
those that have been recommended.
Mayor Ferre: Is there a specific resolution that you have proffered to us?
It is not a new project.
Mr. Knox: Yes, sir .
88 MAR 25 19&2
Mayor Ferre: We are talking about Item No. 22, and not 23 now, right?
Mr. Knox: Right.
Mayor Ferre: Where is the resolution, please?
Mr. Knox: Alright, the resolution purports to designate two firms as quali-
fied to participate with the City of Miami in the production of rental hous-
ing units for low and moderate income families, duly affordable rental housing
development program, subject to satisfaction of applicable state law and
Metropolitan Dade County ordinances, relative to acquisition of land owned
by Dade County, and further directing the City Manager to proceed with imple-
mentation.
Mayor Ferre:. We are talking now on the legal issue, so Bob Traurig, do you
want to say anything to the Commission on this? Any other lawyer want to
talk on this?
Mr. Cardenas: Mayor, I just wanted to point out, if I can, one last thing.
I think the merits of your evaluating this resolution today are important,
because you have got an R.F.P. that you issued. The developers spent con-
siderable monies and efforts in trying to come up with creative programs for
the City. The selection committee has done a wonderful job, and you are
being proposed a resolution, which hopefully will stop short of a selection
process to avoid the circumstances involving Watson Island.
Mayor Ferre: Al, as far as I am concerned, I have no problems in voting
for it. A member of this Commission has requested that this matter be con-
tinued, and he has got the right to do that. At this point, I will recognize
Miller Dawkins who can explain why he wants to have this item continued and
I will recognize him for the purposes of making that motion.
Mr. Dawkins: As I said this morning, I have not had a chance to digest what
I have. I have not seen the R.F.P. to actually see if the two companies that
bidded met all of the qualifications. I have problems with it; therefore I
ask that it be continued until I have personally studied the documents and
determined in my mind that we really and truly have the two companies that
met all the qualifications that were asked for by the R.F.P.
Mayor Ferre: There is a motion on the floor.
Mr. Paul: Mr. Mayor, may I have one word on this?
Mayor Ferre: I will after there is a second on the motion, and we can ... is
there a second?
Mr. Carollo: Second, Mr. Mayor. It has always been the policy of this
Commission.
Mayor Ferre: Alright, Mr. Paul.
Mr. Paul: The only point that I want to make, that is in effect, as I under-
stand the resolution proposed by City Attorney, it does delay it. It does
hold it back; it does defer it. All it does, in effect, is pre -qualify that
which the special committee recommended, and which the Blue Ribbon committee
recommended. There is nothing else to happen. We can't legally go forward;
that is the only point. So, I think we could accomplish at least that much
by adopting a resolution. We could pre -qualify the two companies.
Mayor Ferre: A member of this Commission...
Mr. Paul: I want to explain it to Commissioner Dawkins, as like you, I am
agreeing with the Commissioner and I think he is correct, but I don't think
this defeats anything he wants to do. I think it helps him. We still have
to bid later.
Mayor Ferre: Nevertheless, he wants to defer it, so...
Mr. Dawkins: I will withdraw the deferral, and get with you after I study it.
Mayor Ferre: And you want to move this thing, then?
89 MAR 2 51982
Mr. Dawkins: Yes, I will move it.
Mayor Ferre: Alright, Mr. Dawkins moves the resolution as presented. Is there
a second. There is a second. Further discussion?
Ms. Spillman: Mr. Mayor, you have to designate the names. We left the devel-
oper names blank.
Mayor Ferre:
Ms. Spillman: Bradley Properties and Related Housing Companies Consort; Ltd.
Mayor Ferre: Alright, let's talk about....are you telling me for your client
that the way that Staff recommended it is acceptable to you?
Mr. Cardena$: I think that the way that Staff recommended, you have got two
choices at this time, based on the legal limitations that the City Attorney
has provided us with today. You can either, the way we see it, select one
developer, or select both.
Mr. Gary: Mr. Mayor, that is not what Staff recommended.
Mayor Ferre: That is why I was asking you to make sure that you read the
same thing I read.
Mr. Gary: The Staff is recommending that we put both firms on it and refer
it to Dade County.
Mayor Ferre: I am asking both of these attorneys if that is acceptable to
you.
Mr. Carollo: When you say "refer to Dade County", what are we expecting Dade
County to accomplish?
Mr. Knox: Commissioner Carollo, Dade County is to - if the County Attorney is
of the opinion that competitive bidding is required for the disposition of
the property, then Dade County will conduct that process. If the County
Attorney determines that there is no requirement for competitive bidding, then
the City Commission will make a selecton and forward it ultimately to the
County Commission for approval concurrent in the City's recommendation.
Mr. Dawkins: Mr. Knox, then are we saying then, that in the event that the
County Attorney says that there is competitive bidding, that this resolution
is null and void?
Mr. Knox: Well, it is not null and void, but it doesn't have anv practical
meaning in the sense that both these companies and anyone else
who is interested would have an opportunity to competitively bid for the
land.
Mayor Ferre: We have to be bound by the law. Now, we had an answer from one
attorney and I would like to know the answers from the other groups.
Mr. Traurig: I am a little bit confused, but I am probably not the only one
in the room who is. I don't know what the process you envision is. If it
goes to the County and the County says we don't need competitive bidding,
then I presume it comes back here and a selection will be made by this Com-
mission as to which of those entities then, is the selected entity.
Mayor Ferre: Which, if any.
Mr. Traurig: Which, if either.
Mayor Ferre: One, two or none.
Mr. Traurig: Correct. With that understanding, we have no problem with it
going to the County on this basis.
Mayor Ferre: Further discussion? Call the roll.
90 MAR 2 5 1982
0
a
The following resolution was introduced by Commissioner Dawkins, who moved
its adoption:
RESOLUTION NO. 82-283
A RESOLUTION DESIGNATING THE FOLLOWING FIRMS:
a.) Bradley Properties, Inc.
2120 Drew Street, Suite C
Clearwater, Fla. 33518
b.) Related Housing Companies -
Consort, Ltd.
4125 Laguna Street
Coral Gables, Fla. 33146
AS QUALIFIED TO PARTICIPATE WITH THE CITY OF MIAMI IN THE
PRODUCTION OF RENTAL HOUSING UNITS FOR LOW AND MODERATE
INCOME FAMILIES THROUGH THE AFFORDABLE RENTAL HOUSING
DEVELOPMENT PROGRAM, SUBJECT TO SATISFACTION OF APPLI-
CABLE STATE LAW AND METROPOLITAN DADE COUNTY ORDINANCES
RELATIVE TO ACQUISITION OF LAND OWNED BY DADE COUNTY;
AND FURTHER, DIRECTING THE CITY MANAGER TO PROCEED WITH
IMPLEMENTATION.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
34. AUTHORIZE CITY MANAGER TO SECURE APPRAISALS OF PROPERTIES
LOCATED AT 1200 WEST FLAGLER STREET AND 2300 N.W. 14th ST.
Mayor Ferre: I would recommend that we also move on 23, because that really
moves the ballgame one more level. Do you have any problem on that?
Mr. Gary: Mr. Mayor?
Mayor Ferre: Yes, sir.
Mr. Gary: Oh, if you don't have any problems. If somebody wants it explained,
I would be happy to.
Mr. Plummer: I have a problem on that.
Mayor Ferre: What is your problem? Well, why don't you explain it and then
see what his problem is.
Ms. Spillman: Mr. Mayor and Commissioners, about a month ago you authorized
us to obtain appraisals on several sites for this program. We are proceeding
on those appraisals. In the interim, we have discovered a site that we were
not aware of, that is an excellent site for this program and is available at
a low price. We would like to get that for the Police Benevolent Association.
They want to sell their property. The second situation that has occured is
that the people who were interested in developing the Firestone site are no
91
MAR 2 5 1982
i
Ms. Spillman: (con't) longer interested in doing so.
(INAUDIBLE COMMENTS - OFF MICROPHONE)
Mayor Ferre: Alright, what you are asking for now is for two specific pro-
perties to be appraised.
Ms. Spillman: Just appraised.
Mayor Ferre: One is the Firestone,
Ms. Spillman: Correct.
Mayor Ferre: It is at 12tn ana Flaglar, right?
Ms. Spillman: Correct.
Mayor Ferrel And the other one is..
Ms. Spillman: The Police Be...
Mayor Ferre: The P.B.A.
Ms. Spillman: Right.
Mayor Ferre: And what you are asking for is the right to go ahead and obtain
an appraisal so we can get the value of the land.
Mr. Gary: That is right. Mr. Mayor, you must understand that we will be pur-
chasing the land, and State law and local law requires us to receive two
appraisals before we do that. All that we are asking for is to go out and
appraise the land. We are not talking about purchasing the land.
Mr. Plummer: Okay, let me ask you this question. How are you going to go
about selecting the appraisers? Is that on a bidding process that comes back
before this Commission for approval?
Mr. Gary: Professional services.
Mr. Plummer: No. There are a couple of appraisers in this town that are not
working for me.
Mayor Ferre: Alright fine.....
Mr. Plummer: Because they proved in the past they worked against the City,
not for it.
Mr. Gary: If you tell the Manager who they are, we will exclude them and I
will consider them as irresponsible bidders.
Mr. Plummer: No, I am not telling you. No. then I am liable. You go read
the record and you come up with the same conclusion I did.
Mr. Gary: Okay, I will go read the record and I will keep them fram.ne¢otia-.
tin& and I will advise the City Commission of those firms and we will not deal
with them.
(INAUDIBLE COMMENTS - NOT ON MICROPHONE)
Mayor Ferre: These are people who have testified against the City of Miami
and Mr. Knox..
Mr. Plummer: I am well aware.
Mayor Ferre: Where are we now? Are we ready to vote?
Mr. Gary: We need a vote to go out and seek appraisals for these two sites.
Mayor Ferre: Alright, who wants to make the motion on this? It has been
moved; is there a second? Plummer seconds. Further discussion. Call the
roll on 23.
a2
NIAP 2 5 1982
0
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 82-284
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SECURE
APPRAISALS OF THE FIRESTONE TIRE AND RUBBER STORE
AT 1200 WEST FLAGLER STREET, MIAMI, FLORIDA AND THE
MIAMI POLICE BENEVOLENT ASSOCIATION SITE AT 2300 NORTH-
WEST 14TH STREET, MIAMI, FLORIDA; PURSUANT TO THE
IMPLEMENTATION OF THE CITY OF MIAMI AFFORDABLE RENTAL
HOUSING DEVELOPMENT PROGRAM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
35. PERSONAL APPEARANCE BY P.U.L.S.E. REPRESENTATIVES AND OTHE:t
CONCERNED CITIZENS REGARDING A LACK OF POLICE .PATROL Ai\'D
PROTECTIOV In THE BLACK COMMUNITY.
Mayor Ferre: Alright now, Ladies & Gentlemen, we do have the people that
pt^O Moro, uo,•• these ar- concernpd citizens who met with me, and *filler
Dawkins was of the meeting on Saturday. Clarence Dickson was there and Ricky
Thomas was there and other members of the Administration. The statement that
was made to me at that time was that the Black community was not getting their
fair share of police patrol. Based on the comment made by the City of Miami
Police Chief - Chief Harms had met with them in November, and that they were not
satisfied with the results of that meeting because they had not received any
additional police patrols and protection. Now, Mr. Manager, at that time,
based on that promise made by the Police Chief and based on what they per-
ceived as the lack of response on the Police Department's part, they then
gathered themselves, had further meetings and demanded some information; got
the information, came back with a memorandum which basically stated their posi-
tion. Major Dickson was there; received the memorandum, asked us to be
ready to respond and to come here at 5:30 today, so that these people could
get an answer. They asked for three things. The first thing they asked for
was. a vrovortionate share of police patrol in proportion as the Chief has
promised to the crimes committee.
cincts that were tabulated for the
crimes in the City of Miami and thi
they were short by 9% out of 100, ;
meant 14 patrols. Now, that was tl
more than demand. Their second ref
officers and that they were asking
least one Black police officer. T1
patrols be foot patrols rather that
sence of foot patrols would greatl
time was, that if they are right t
getting short changed, and that th
would subscribe to that as a matte
and I am sure he would too, if tho
to the Black police officer in eve
sworn officers. If we could do th
beyond reason, then I think that i
It was tnere opinion tnar zne aiacx pre -
month of September had had 250% of Part I
t since they only got 15�°: of the patrol,
,nd they therefore calculated that that
,eir first request. I like the word request
nest dealt with the issue of Black police
that in the patrol cars that there be at
,eir third request was that the increased
mechanized because they thought the pre -
reduce crime.. Now, my answer at that
their statistics, and they are indeed
!y should have 25% rather than 15%, that I
of policy based on the Chief's policy,
;e facts are correct. Secondly, with regard
•y car, we now have over 100 Black police
it, without making these people strained
a reasonable thine and I am for it
93 MAR 2 51982
•
0 0
Mayor Ferre: (con't) provided however,, that it doesn't in any way limit or
hurt Black police officers from getting the further training that they need, so
that they can become sergeants, lieutenants, captains b majors. Because, if
what we are going to do now, is delegate all Black police officers to be on
foot patrol in the Black neighborhoods of Miami, they will never make it to
captain, so I mean, within reason, I think that is fine, but if for example,
a Black police officer is involved in training in the Administration or is going
to Northwestern, or is involved in some other kind of patrol that would improve
their abilities to become officers, then I think that we have got to weigh
that in too, either that, or we have to wait until we 150 or 200 Black police
officers and then I think we can do it. In principle, I am in agreement with
that. That is my one personal position. Lastly, with regards to foot patrol,
my position is that I do not think that we can afford to put foot patrol in
every corner where there is a crime in Miami, because rather than 1000 officers,
you would need 10,000 officers. Now, within reason, however, I think that we
have got to -find a way of making police officers more visible and get them out
of the steel cocoon called an automobile, and I don't know how in the world we
are going to do that. But we need... maybe they have to park their car and walk
the two blocks and come back and get in the car and drive off to the next 10
blocks and do it again. I don't know what it is that is needed, but I think
what the community is requesting is visibility.
Mr. Carollo: Mr. Mayor, if I may briefly, when you are done...
Mayor Ferre: Yes, sir, I'm done.
Mr. Carollo: One of the things that I have been trying to get for the City to
increase that visibility, which is what we all need, is to have all the police
officers that live within the City of Miami, to be given police cars to take
home. Approximately 25%, a quarter of our police force lives within the bound-
aries of the City of Miami, so we are talking about 200 plus officers, 220
officers - 225 officers, that live in the City of Miami. At least half of
those, I would say, are probably Black officers that have been coming in the
last five years. That is one way that I think we could increase visibility in
the City of Miami, and in particular, in the Black neighborhoods of the City of
Miami. Now, when I spoke to Chief Harms about this first, it was back in Nov-
ember. He stated to me in a meeting that we had this past weekend that he
has sent the information that I requested from the Police Department to the
Manager approximately a month and one-half ago - a month ago. Mr. Manager, what
has been happening with it?
Mr. Gary: Commissioner, I reviewed the information and I felt that it was in-
adequate and I am sending it back to the Police Department for further study.
Mr. Carollo: Well, I understood it had been sent already back to the Police
Department one time, from what the Chief told me, and then it was sent back to
you. You mean you are sending it back again to the Police Department?
Mr. Gary: Yes, I am.
Mr. Carollo: Well, Mr. Manager, if I may, whatever information has been given
to you by the Police Department at this point in time, I would like to have
copies of that, because it has been since the first part of November that I
brought this to the attention of the Police Chief. The Police Chief has brought
it to your attention, and what we are doing is, we are playing a game of
shuffling paper, and I think that this City could do without having to shuffle
papers back and forth for a whole year before we get some action done. Same
thing was done with the Reserve Police Unit. The minute that I came aboard the
City of Miami - this was before you were Manager - the minute I came aboard the
City of Miami, I requested a meeting with the Police Chief; I brought the idea
of establishing a reserve unit, where we would have people from the community
become reserve officers. It took over a year before the idea was brought up
front and the unit was established. Now, Mr. Mayor, this City, and particular-
ly, certain communities - and the Black community being one of the main ones -
has a great problem with crime. They need police visibility. They don't need
lip service. They need some action. The ball is in your corner now. The idea
that I presented to the Chief, I think he will agree is a good idea. I think
we could find the funds to make it go through and increase that visibility in
the Black neighborhoods of the City and in other areas. And at the same time,
in the long run, it is going to save the City of Miami thousands of dollars,
94 MAR 2 5 1982
b
i
Mr. Carollo: (can't) because those officers are going to take care of those
cars a heck of a lot better then they would if they didn't have full time
possession of them. Mr. Manager, I plead with you to take an immediate action
on this matter. I would like to see whatever paperwork has been given to you
by the Police Department already, and I would like an immediate response from
you, so that this Commission can take action on it.
Rev. Stevenson: Mr. Mayor?
Mayor Ferre: I will recognize you in a moment, Reverend, but I think first..
Commissioner Plummer, and then Commissioner Dawkins and then I will recognize
you.
Mr. Plummer: Mr. Mayor, I don't want my leaving, which I have announced earlier
this morning to be any indicator that I am not interested in your problem. I
have shown with you in the past that I have been with you, and I will be in the
future. All I want to say is that I want to personally thank this group, be-
cause there is nothing more that I know of that is better for a community than
the people who live there to come forth organized and to make their plea before
this Commission. I think we have read completely that when people themselves
get involved, that is one of the few ways that the situation is going to turn
around and get better. I will review the tapes of this meeting and listen to
you when I have the time, but I must leave, as I indicated earlier to go to
work and I am sorry that I have to leave, but I will listen to the tapes.
Thank you.
Mayor Ferre: Thank you, J. L., and I will tell you that before you leave, I
think you brought up a very important... how many of you that are here on this
matter actually live in the City of Miami? Would you raise your hand? You
all live in the City - (Mayor makes count of hands - 9) and how many of your
churches - I know there are several people who have churches - how many people
here have churches? I mean that are pastors, or deacons, or are involved in
the administration of the church? Alright now, how many of those churches are
within the City boundaries of the City of Miami? About half. Alright, thank
you.
Mr. Dawkins: I too, have to leave at 6:00 P.M., but I can't. I only would
like then, to keep from prolonging this. I am going to ask that, Mr. Manager,
that someone in the Police Department provide me with the reasons why, with
all the modern computer technology that we spent money on, why is it that
this group was provided with data dated as ancient as September, which is six
months old? I would not ask for that now, because I do not want to prolong
this meeting, but I would like to have in writing please, why is it, that
with the modern computers that we have, that this group requested information
and the information that you gave them is six months old?
Mayor Ferre: Alright, any other statements by the Commission? Reverend?
Reverend Stevenson: Mr. Mayor..
Mayor Ferre: Reverend, for the record, we need your name and address.
Reverend Stevenson: Alright. My name is James W. Stevenson. I am the minister
or pastor of Antioch Missionary Baptist Church, 2799 N. W. 46th Street. We came
today with a prepared presentation that we were hoping to put before the Commis-
sion, or to present them with, and we also came with an understanding that on
this day, that we would receive an answer to our problems.
Mayor Ferre: I think you will.
Reverend Stevenson: Ah, that is better. Well, I am wondering, is it necessary
for us to make the presentation as we have it here, before you? Don't you
think it would be wise, since we have prepared it? It won't take but ... I will
be right to the point. It won't take but a minute. We have here an over -view
by James W. Stevenson, and that is me - the serious neglect of Black neighbor-
hoods by City regarding police protection, and PULSE is proposing a remedy,
and that remedy is that we receive 14 more regular patrols in Black zones;
(B) that the majority of these patrols be foot patrols. (C) That in the pre-
dominantly Black neighborhood, at least one Black officer be assigned to each
zone car, and three is what we are not asking for. We are not asking for more
money for police, we simply want a fair share of what is already being spent.
95
MAR 2 5 1982
Rev. Stevenson: (con't) We do not want more police cars. Foot patrols will
do nicely. Now let me say ;sere, this is the beginning of our presentation. We
have three other distinguished gentlemen who will be as brief as 1 have been,
to let you hear what we have to say in regard to the proposal that we have pre-
pared. And, the first one is Mr. Fakir; second is Reverend B. Anderson and third,
the Reverend Arthur Jordan. I just wish that you would give us this time, please,
and listen to our presentation. Gentlemen, would you come?
Mr. Fakir: I wold like.to say Good Afternoon to the Commissioners. Mayor
Ferre, we have a brief —excuse me, my name is Iman Fakir of Mosque A Q Shaheed
at 5245 N. W. 7 Avenue. Mayor Ferre, we have a brief history of some of the
meetings that we had and our previous efforts on tints issue, uut, I will try
to pinpoint those meetings and what we are trying to achieve out of those meet-
ings. And, I would like to start by saying to the Commissioners of the City of
Miami, in our previous efforts to solve this issue, PULSE previously managed
to lead the struggle for equality, has met with Chief Harms. In our latest
effort, we have met with our Mayor. PULSE would like, at this time, to bring
all of the Commissioners up to the status of this issue at this time. On
November 6, 1981, PULSE had a meeting with Chief Harms at one of our local
churches, and at that meeting with Chief Harms, PULSE expressed a need to
double the foot patrols in the predominantly Black neighborhoods. (B)-The need
to have at least one Black officer in each patrol car and (C)-the need to dou-
ble patrols in the predominantly Black neighborhoods. Chief Harms didn't give
PULSE what it had wanted, but in his reponse, the Chief said that police within
the City of Miami was distributed on the basis of preceding period's crime
statistics; that is, the Police Department Zone with the highest level of crime
got proportionately the great number of patrols. Those with the smallest amount
of crime got proportionately the least number of patrols. The Chief also gave
PULSE an invitation to come to the Police Department and meet with the staff to
get some of the facts as they are recorded. Well, after that meeting with
Chief Harms, PULSE still believes that more crimes are committed in the Black
community, and we wanted to see the statistics for ourselves, so we accepted
Chief Harm's invitation, provided that his representatives would be prepared to
present the following information: (A) -A detailed crime statistic for the past
several weeks, including your most current figures. (B)-An ethnic breakdown of
your current sworn personnel and trainees into the following categories: Blacks,
Latin, non -Latin and White. (C)-The average total numbers of automobile patrols
per shift, per day. (D)-The average total number of motorcycle patrols per
shift, per day. (E)-The average total number of foot patrol and of horse patrols
per shift day, and (F)-The geographic location of the horse and foot patrols and
(G)-A description of how patrols are assigned geographicaly. On November 18, 1931,
PULSE met with Chief Harm's staff. Chief Dickson and Major Mahoney were very
generous. They provided the information we had requested, and after the meeting
was over, we believe that the City of Miami police were most sensitive to crime
committed downtown then in the Liberty City area, Overtown, or Coconut Grove.
And in our continuing discussion of this issue, somehow we arrived at a stalemate,
so we arranged a meeting with our Mayor on March 20th of this month. We had
hoped to solve this issue, and now, after all of these meetings, the people
united to lead the struggle for equality stands before this Commission with
the same concerns and we sure hope that the buck stops here and it stops here
today. Thank you.
Mayor Ferre: Alright...the next speaker, I guess, would be Reverend Anderson.
Rev. Anderson: My name is Reverend Alonso Anderson, Pastor of the 93rd Street
Community Babtist Church, and I am the chairman of the anti -crime committee
of PULSE, and our purpose here today - to this Commission is to inform you of
our activities down through the months, trying to get the protection in our
community that we so desperately need. Mr. Fakir has brought us up to date on
previous activites. We believe in the system - we are trying to work in the
system, and we believe that what we have found from the information that was
presented to us, our requests are very much valid. Now, we had met with Chief
Harms, as was already indicated, and did not get satisfactory response from
him; he told us that he would not and could not do anything different from
what was being done without other resources and the information that we had
received from Chief Harm's office - we have examined that information, designed
to work with the system and through the system and we were anticipating going
back to the Chief, hoping that he would have reservations of our needs, but
on the 8th of last month, myself, and even our attorney -general, Jim Smith were
on a panel on Channel 2, trying to work out ways to solve some of the crimes in
our community. I reiterated our meeting with Mr. Hams, and he told me on the
MAR 2 5 1982
•
Rev. Anderson: (con't) channel; he told the viewing audience of Channel 2,
that he had no intentions, that he could not, and he would not do anything
until he got other resources. Now, Mr. Mayor, naturally, when the Chief of
Police tells me and PULSE that he cannot and will not do anything other than
what is being done and crime is still rampant in our community, we felt nothing
aimine but to come to a higher power. Now. understand me. We know a little
something about the charters; we are not lawyers; we know a little something
about it, but the things that we are trying to do is work with the system, and
if the Chief can't do anything for us, we are here now, and by the Chief's own
information, we intend to show you, and to prove to you that we are short of
approximately 14 patrols in the predominant Black community. Let me, if you
please, share with you some of our reasons for asking some of the things
that we are asking. The necessity of foot patrols - now we do believe that foot
patrols - I received calls from the reporters, and they say to me "Reverend
Anderson, the police feels that the Black community is enemy territory" and
I said to them "Yes, probably they do. Any criminal is an enemy to the police."
But, we have law-abiding citizens in the Black community, and if I have to
live in that environment, I don't think I am asking too much to ask the police
to come in there and try to enforce the law. So, we feel that the foot patrol
can help to eliminate some of the attitude or feeling that the Black community
is enemy territory. The Black community would like to have the police. The
Black community, in working with the police could accumulate a better relation
with the citizens and the Police Department and we request that we would have
some foot patrols in our community. The necessity of one Black officer in the
patrol cars in the predominant Black area might seem strange to some of you.
The information that Chief Harms and his department sent us give us to know
from their information that we have 152 sworn Black officers and out of that
152 sworn Black officers, we are asking for only approximately 21 officers in
the patrol cars in the predominant Black areas. "Why do you ask that, Reverend
Anderson?" We feel that Black understands Black, and can relate to Blacks and
understands the Black community. And not only that, we feel had Blacks been
present when the incident of McDuffy occurred, it would not have got out of
hand, and we feel that with the Black , we are not trying to segregate,
but we are trying to get better understanding and prevent the things that could
happen in our community, so therefore, we feel that a Black officer in the
patrol cars, the amount of approximately 21 officers is not asking too much
out of 152 officers, according to the Chief's own statistics. In our neighbor-
hood, we are having crimes that are raging and though it might seem that crime
subsiding in some areas, but even from the Chief's own information, we find
that our crime is still climbing. At the time that we received the information,
there was approximately 20% of the crimes, the serious crimes, committed in our
community in the predominant Black community.
Mayor Ferre: Reverend, I don't mean to interrupt, but Commissioner Dawkins
had, and he announced it earlier today, a very important engagement and he
delayed it and he one-half hour late right now. It is not your fault, and
it is not my fault and it is not his fault. That red light went on because
we have a five-minute rule around here and that means that you have gone way
beyond it, which is alright, but I think out of courtesy to Dawkins, now
perhaps we should kind of —let's move along now.
Rev. Anderson: Mr. Mayor, I didn't realize I had talked for five minutes.
Mr. Dawkins: The only thing I would like - I would like for you to provide
me with the written - whatever you have got from Chief Harms saying that he
has 152 sworn officers. I need that.
Rev. Anderson: Mr. Jordan is coming right now with that information.
Mayor Ferre: Alright - Rev. Jordan?
Rev. Jordan: My name is Reverend Arthur W. Jordan, Pastor of the Macedonia
Baptist Church in Coconut Grove. I am a member of the anti -crime committee
of PULSE, and Gentlemen, I would like to share this with you.
Mayor Ferre: Go ahead, Reverend.
Rev. Jordan: On November 6, 1981, PULSE met with Chief Harms, our Chief of
Police of the City of Miami to discuss their concern with the Chief pertaining
to the crime and the problems that we are facing in seven predominantly Black
communities in the City of Miami, and after we told him that we were interested
97 MAR 2 5 1982
Re. Jordan: (con't) in more patrols for the Black community, he told us that
his criteria for assigning patrols is that those Police Department zones with
the highest level of crime got pipportionate the greatest number of patrols.
Those with the lowest number of crimes got proportionately the lowest number of
patrols. So, we were still not satisfied after Chief Harms left that meeting,
so we contacted him again and asked him by what criteria did he make his de-
cisions for assigning patrols. He sent that criteria along with this letter,
and the questions that we asked, giving us this information that I have here
before me today. (1)-The patrol locations. (2)-Out of the 37 zones, the seven
predominantly Black zones. (3)-The total amount of crime for the City of
Miami, including those in the predominantly Black areas. By Chief Harms own
criteria, we found that 16% - that he had assigned 16% of the patrols to the
predominantly Black areas, where 25% of the crimes were being committed. Now,
Brother Commissioners, Fellow Commissioners, we feel that according to his
criteria, that we are 9% short of the patrols that we should have in our
community. That 9% represents 58% of the overall patrols in the Black com-
munity. It has only 42% of the Black patrols - of the patrols, rather.
Mayor Ferre: Reverend, you have some time left, but in the interest of getting
Commissioner Dawkins, and for us to come to come to conclusions, I would appre-
ciate it if you would just...
Rev. Jordan: I am going to speed it up; I sure will.
Mayor Ferre: And so we can hear the Chief, because the Commissioner has got
to leave in just a few minutes.
Rev. Jordan: Sure will. And we notice also that according to what Chief
Harms said, he said that the latest criteria that he received was how he
determined how he would assign the patrols in the various areas. Therefore,
we used the month of September, which was the very last month, and in that
month, we discovered that there were 2,489 serious crimes, and out of that
2,489 serious crimes, 610 of those crimes were committed in the seven pre-
dominantly Black zones, which gave us only 16% where 25% of the crimes were
being performed. We met on March 20th at St. James Missionary Baptist Church
in Coconut Grove with you, Honorable Mayor; also Commissioner Dawkins and
Deputy Police Chief Dickson. We read in the newspaper where Deputy Dickson
said that he couldn't see how we could use the month of September, so that
was very unfair, but we were using the Chief's criteria, so I don't see
how we could be wrong. But, if we are wrong, we decided that we would draw
a chart of the crimes and we figured the percentage and we found something
that I think you will find very interesting. First of all, the percentage
of crimes are found to my right and to your left. At the bottom you will
find the month and the year, 1881. The blue line represents the patrols
for the year of 1981 from February to September of 1981. Now, we consider
that 16% of the patrol. simply because September of 1981. we dis-
covered that we only had 16% of the patrols. Now, it may be less than the
other months of patrols (INAUDIBLE - OFF MICROPHONE) but, one thing we do
know is what this red line represents. The red line represents for the
month of February 20%.
Mayor Ferre: Alright, Reverend, again in the interest of time, the point is
that serious crime is going up and the police patrol has not, and therefore,
it is unfair. Could we get a response from...
Mr. Dawkins: Okay, Mr. Mayor....
Rev. Jordan: I would like to also say, before you make your decision, is that
we are not asking for more Black police patrols walking the beat; we are asking
for an additional Black patrol in each patrol car and 14 more patrols to walk
the beat.
Mr. Dawkins: Mr. Mayor, in fairness to the gentlemen who came down and
who have been here, I don't think that you should make your visit short, be-
cause you should have some questions for the Chief. but I do have to go, and
I too, will listen to the tapes and anything or questions that I have, I will
call you. I hate to leave, but I do have to go.
Mayor Ferre: Alright, Chief? Your response? Would somebody go and see if
Demetrio Perez is back yet? He said he would be back by 5:06, 5:30 P.M. I
think it is 6:30 and we don't have a quorum. I think we ought to continue
so that we can get this answer on the record.
•
MAR 2 5 1982
NOTE FOR THE RECORD: COMMISSIONER DAWKINS LEFT MEETING AT 6:35 P.M.
Chief Harms: Mr. Mayor, is your clock running? Do I have five? I will have
to do it pretty quick, if I do.
Mayor Ferre: Well, I will tell you, Chief...I think they have cumulatively
taken about 20 some -odd minutes, so I think it would be unfair to have you
answer it in just five, so you go ahead, but try to keep it as short as you
can.
Chief Harms: Yes, sir, I will. There was, in fact a meeting on November 6th.
The evening of November 6th, I did appear before the PULSE group and we talked
about their concerns, and I admit to you that I am extremely gratified with a
group as interested 'as PULSE asked me to appear before them and talk to them
about increased police patrols. I think that citizen involvement is the most
important thing that we can do collectively to deal with the issue of crime
in our community So, I was extremely pleased and when we talked about assign-
ment criteria specifically, we were dealing with crime hazards as related to the
incidents of crime, we were dealing with population. We were also dealing with
special hazards. As an example, a special hazard in the downtown business com-
munity consists of a population that grows from about 5000 residents to about
145,000 people on a daily business day, so as a result of those special kinds
of needs, we of course have the staff so that we can assist with traffic and
other functions just to handle the large traffic influx. Now, what occurred
after that, as I had discussed with the group, concerns that I had with regard
to the kind of information that we could provide so that they could make in-
formee, intelligent decisions and requests of their Police Department. On
December 2, 1981, my office received a letter from PULSE, advising that the
meeting with Chief Dickson and Chief Mahoney, which had occurred sometime
shortly before that, was not adequate enough for them to draw any substantial
conclusions with, and that more information would be needed. The letter listed
seven questions as mentioned in the beginning of the report, and I believe
that you have a folder in front of you now that deals with some of the statis-
tics that I will be talking about in a moment. Upon receiving the letter,
patrol immediately began compiling information and statistics to address the
seven questions. Again, much of this information had to be translated into
layman's terms requiring a great deal of effort to condense and otherwise a rather
extensive compilation of information. Management tools and other decision maKing
apparatus is used to systematically address manpower allocations and deployment
procedures. For the purpose of clarity and continuity, I have provided in the
report at this point and the next two pages a letter from PULSE so that you
can see what the request in the seven points consisted of. And then, with
regard to those seven points, there was in fact a response that was prepared
by Chief Dickson. This was forwarded on December 31, 1981. No further infor-
mation or correspondence was received from PULSE until mid -March of '82.
PULSE held a meeting on March 20, 1982 at St. James Baptist Church and at
this time an agenda was presented to the audience, along with the fact sheets.
These items are attached within the report that you have. Mayor Ferre, Com-
missioner Dawkins, Deputy -Chief Dickson and Director Clarence Patterson (of
the) Sanitation Department were present. The agenda stated three demands,
which are directed to the Mayor that the City begin at least 14 new regular
patrols in the seven Black zones; that most of these new patrols be foot
patrols and that at least one officer in each patrol car within the seven
Black zones be a Black officer. There was a strong pressure for the Mayor to
respond in support to the demands initially. Police Department representatives
really didn't have an opportunity to respond at that time, nor were we prepared
to address the issue professionally, based on the data that we had. There
were charges that Miami's Black neighborhoods had been short changed when it
comes to regular police patrol, and a document was presented which intended
to support the statement. The remaining body of the report again, which you
have before you, really addresses the main issues of the organization's de-
mand that the City and then reiterated in your report on the three points
that were made. Now, if we take a look at 14 new regular patrols, the demand
listed seven zones selected from three sectors which are in the larger area
of responsibility within the City, which would receive the new patrol - sector
10, and in that sector, four zones particularly 11, 12, 13 6 14, which cover
largest area of concern that are located in sector 10, which again, is presented
in the data which you have. The City of Miami is divided basically into 6
sectors for the purpose of police planning and service delivery. Within each
of these sectors are smaller zones. Police units not limited to an assigned
99 NIAR 2 5 1982
Chief Harms: (con't) zone within his or her assigned sector at all times are
frequently drawn out for calls and other police response matters. The fourteen
regular patrols would be divided among the seven zones, 11, 12, 13 & 14 in 10;
42 & 44 in 40; and 75 in 70. Within that context, there is a pie chart that
really starts speaking and there is a series of pie charts that speaks to land
area, population.....
Mayor Ferre: Is a copy of this available?
Chief Harms: Yes, sir. You have a copy.
Mayor Ferre: Oh, I have it here. Is it available to them?
Chief Harms: Clarence, would you kindly provide a copy for them? Now, this
was just completed today. The poplulation of course, is one of many factors
that we have to deal with, and I think it is really appropriate to mention
here that sector 10, eight additional cars; 40, four additional cars; and
70, two additional cars would have to be taken from sector 20, reduced by 5
cars and 10 officers; 30, reduced by 4 cars and eight officers; and 60, re-
duced by 5 cars and 10 officers for a total of 14 cars and 28 officers,
based on 4 day a week coverage. Now, what I will do now, is provide a couple
of brief statistics for you that the pie charts in your presentation deal
with. In sector 10, sector 10 occupies 7.5% of the land area of the City.
It has 8.3% of the population, 8.4% of the calls for service, and this is
based on 1981 statistics.
Mayor Ferre: Wait a minute, because you are going too fast here. Sector 10,
which is basically what you are talking about in the zone, right - 11, 12, 13,
14?
Chief Harms: Yes, sir.
Mayor Ferre: It has 8.3% of the population?
Chief Harms: That is correct. 7.5110 of the land area. This is based on
the City - this is the total City, and 8.4% of the calls for service, meaning...
Mayor Ferre: How about percentage of crime?
Chief Harms: 8.8% of the part one crimes.
Mayor Ferre: Oh, I see.
Chief Harms: Those are the serious crimes, and 7.4% of the part two crimes.
They also have 12.4% of the patrol units, and because there are two officer
patrols in all of those zones, they in fact, have 16.1% of the patrol personnel,
and so on and so forth for 40 and 70. 40 has 10% of the land area, and 8% of
the population, 22% of the calls for service; 25% of the part 1, 24% of the part
2 crimes, with 18% & 19% of the patrol units and personnel. Sector 70 has
24% of the land area, 15.8% of the calls for service, 22.9% of the population,
70.2% of the part 1 crime, 16.8% of the part 2 crime, 16.5% of the patrol
units, 15.5% of the personnel. That gives you, I think, a pretty good des-
cription of how the personnel is divided within the City of Miami.
Mayor Ferre: Are you... to put it in the English language now, are you saying
that, according to all these charts that you studied, you are saying that
sector 10, which has four of these zones, has, by having 12.4% of the patrol
units has more than its fair share with regards to land mass, population,
calls on part 1 and part 2 crimes?
Chief Harms: Yes, sir, that is correct, but there is an additional dimension
to it I think it is important to mention.
Mayor Ferre: So, what you are saying is, that what they are saying in their
chart as of the September figures, and that that chart that they pointed out
here is wrong. Those figures are wrong, and these are the correct figures.
Chief Harms: I believe it; I am not sure that the September figures repre-
sent that month less the larcenies within the area. I think it is important to
100 v, ti!1 2 5 1;82
� r
i
Chief Harms: (con't) recognize that patrol shifts and zones are realigned
on an annual basis. The figures you have, in fact deal with the 12 months
in 1981, but the special hazard that I....
Mayor Ferre: Are these .. is this an average?
Chief Harms: Yes, sir.
Mayor Ferre: Or, is this the figures in December, or what?
Chief Harms; No, sir. Those are the figures for the entire year. They do,
in fact, have more, if you will, then their fair share...
Mayor Ferret What does 3, 13 and 2 mean? C.W.E., or W.E.?
Chief Harms: That is when it was produced.
Mayor Ferre: What is W.E.?
Chief Harms: Clarence? Week ending..
Mayor Ferre: So, week end of 3-13-32? That doesn't make any sense.
Rev. Jordan: Mr. Mayor...
Mayor Ferre: Yes, sir?
Rev. Jordan: I would like to inject this thought.
Mayor Ferre: I will let you do that when he finishes.
Chief Dickson: The W.E. there is just the code depicting the machine that
does those graphs.
Mayor Ferre: Alright Chief, I am sorry, I just wanted to get that clarified.
Chief Harms: Yes, sir, but the one special hazard that I did mention to you,
and the reason that they do have proportionately more than their share within
that sector, is that we did in fact, experience difficulties there in 1980,
and we felt that an increased police presence was particularly important, even
over and above that which the sector would in fact he entitled to on the based
of land, population and crime.
Mayor Ferre: Chief, let me interrupt you for a moment before these ladies
leave.
DISCUSSION INTERRUPTED:
At this point, discussion on this issue is momentarily interrupted
by the Mayor in order to recognize the president of the Latin Prof-
fessional Woman's Association, Ms. Mirta Guerra for their attendance
and interest in the proceedings.
DISCUSSION CONTINUES:
Mayor Ferre: Alright, Chief.
Chief Harms: Yes, sir, if we look at each sector where the predominantly
Black zones exist, we find that there is a very fair representation with
regard to police patrol. The comments that the Commissioner made a few
minutes ago - Commissioner Carollo - was right on point. We need to dis-
cover a method to increase our visibility. We in fact, are developing a
walk 6 talk program so that many of the officers within those zones and
sectors, on a pre -designated schedule based on demands for for calls for
service, will in fact, park the two -officer cars and walk for a period of
time to get the meet the merchants, the residents on the kind of a basis
that does not dictate a response to a criminal act or something of that
nature.
i
M ? 2E.
Mr. Carollo: Ken, excuse me for a minute. Are you comfortable with the re-
search that you have done so far on the recommendation that I made?
Chief Harms: With regards to the patrol vehicles? As I recall, we provided
information relating to a half dozen different methods.
Mr. Carollo: Exactly. From giving it to all the police officers that live in
the City to cutting it down to officers that have been with the Department
three years to five years.
Chief Harms: Well, I was satisfied that I had submitted a sufficient amount
of information, but if the City Manager need additional information, we will
certainly respond to that.
Mr. Carollo:. Howard;' what seems to be the holdup?
Mr. Gary: Well, first of all, in terms of numbers of men living in the City,
in terms of the area, because obviously you want all the cars concentrated in
one area, and not in another area; that type of information was not there and
I wanted to have it in this report.
Mr. Carollo: You are saying that the information you wanted was where were
the police officers living in?
Mr. Gary: In terms of area. One of the concerns that the City Commission ex-
pressed was that we wanted to spread the cars throught the area.
Mr. Carollo: Certainly, but Howard, what difference does it make, if maybe
the 25% of the police officers that live in the City of Miami all live in two
or three areas, just as long as those police cars are out in the streets in
Miami. Well, I mean, if this is the reason you are holding this up, my God,
you know, I just can't believe itl And this is something that 4s vital to
this City. If we give a police officer a squad car to take home, that doesn't
mean that that squad car necessarily is going to be sitting down in that po-
lice officer's home. He is going to have use of that car to go out to other
places in the City of Miami, and that is the whole idea, to have as many marked
police units out in the streets as we possibly can. Now, I know, and I appre-
ciate the effort the Chief and his staff have done in comparing all of this,
but I just do not understand why you are putting all the stops, and as one -
fifth of this Commission, I am asking you now to provide the information to
myself and the rest of the Commission, so that we can make up our minds if
we want to approve funds to establish this project.
Mr. Gary: As I told you before, I will give you the information.
Mr. Carollo: I certainly would appreciate that..
Mr. Gary: You are welcome.
Mr. Carollo: And have it in the agenda for the next meeting.
Mr. Gary: Yes, sir.
Mr. Carollo: Thank you, Chief.
(INAUDIBLE COMMENTS - OFF MICROPHONE)
Chief Hangs: Yes, sir, I would like to have Deputy -Chief Dickson make a few
comments. He has worked very closely with the PULSE group.
Mayor Ferre: Chief Dickson.
Rev. Jordan: Mr. Mayor, while Chief Dickson is coming up, I would like to
say, that according to what Chief Harms just said, that is the only covering
four of the zones in the predominantly Black area, and also, if we are wrong,
which I very seriously doubt that we are wrong - it is according to the infor-
mation that he has given us, and I would like for you to bear that in mind.
They have three other zones that are not accounted for.
!Mayor Ferre: Yes, sir, and as I recall, the zones that you pointed out ... oh
I see...the problem is that I get confused between sectors and zones. Okay,
go ahead, Chief Dickson.
10'MAR 2 5 1982
Chief Dickson: I would like to kind of straighten out a point here, if I might.
The idea of the Miami Police Department going back and computerizing and putting
those statistics into the computer and have it come back and answer the questions
that we asked, it is not to disprove what PULSE has done, because I respect you
for doing your research and developing intelligent questions that were very
penetrating to us and created quite a bit of concern as far as us being able
to pull those questions out and give them to you within a two -week period that
you asked for; As you know, we couldn't do it. We had to call back and ask
you for an extension in the amount of time that you asked to get back to you
those questions, but I commend you for that. This was not a haphazard walk-in
kind of a situation. You are all well organiz?d and your questions were pene-
trating, and it did cause us to think and I....who is appointed to oversee what
Chief Harms and Cosgrove, the deployment of manpower in the City of Miami was
very concerned that I had made such a mistake as you had indicated, and fortu-
nately, we have not made a mistake like that, but it did point up a concern
that caused -me to go back and re-evaluate my...our system of deployment and
after a conference with the Chief, we have developed certain deployment plans
in mind that will improve the deployment in the Black areas that you are addres-
sing now. The statistics really didn't mean that much to us. The result is
the thing that is important. We intend to somehow put walking beats as much
as we can in the vital areas that you are addressing here. We intend to re-
move as many police officers who are forced at this time to work inside the
station as we can as we employ civilian people to takes those jobs. That should
give us an increase of the number of police officers that will be on the
streets, but we intend to make some of these changes before all these administra-
tive kinds of issues are resolved. So, again, I want to reiterate that these
statistics that you have, I am not contesting. I don't know exactly how you
came by the final figures that you did, nor do you know how I came by mine, so
in that respect, we are in the same boat. But, I can assure you that our res-
ponse to your concerns will be a professional response. I have the support
of Chief Harms, and my immediate boss here, Chief Breslow, that you in fact,
will get a response to your concerns and if you are interested, by all means,
and I will ask you to do this - this is not a request - this is more than a
request, that you get in touch with me, because I would like for you to be in-
volved and see exactly where and what we are going to do, and when we are going
to do it.
Rev. Jordan: Are we going to get the 14 patrols?
Chief Dickson: 14 patrols? I would have to address that...the question you
are asking about the 14 patrols, I am not sure that you really want to dis-
cuss that now, because, let's put it this way. If I take 14 patrols tomorrow,
and put them in 7 zones, the rest of the community would be down here address-
ing the Commission, asking where did our 14 police officers go? But, there
are other ways to increase police service, rather than to count numbers. You
can see an increase in police service; that is our job as law enforcement
professionals, to resolve and solve problems of this kind with the resources
that we have. Our statistics show, and once again, statistics really don't
mean that much - it is the results that you are looking for, and not numbers,
I would think. But, putting a Black police officer in a car in the Black
community is an ideal situation, and I have no argument with that. As a matter
of fact, we are trying to do that already. With the other recommendation, or
demand that was made, I don't see where we will have a problem handling the
last two, but I can't in all honesty say that I am going to be able - we just
can't do it - take 14 police officers at this time and place them in the area
that you are talking about.
Mr. Carollo: Major, if I may ask one quick question here. The numbers of
patrol units that you have given us here. Do those include motorcycles?
Chief Dickson: Motorcycles?
Mr. Carollo: I am not talking about three-wheelers; I am talking about motor-
cycle units.
Chief Dickson: No. What we include here was your basic and regular patrol
car allocation.
Mr. Carollo: Patrol car - alright, sir. How many officers do we have assigned
to motors - not three-wheelers, regular motors?
103
MAR 2 5 1982
•
0
Chief Dickson: Motors? About 16.
Mr. Carollo: 16 or?
Chief Dickson: About 30, I am sorry... twice.
It is taking two shifts.
Mr. Carollo: That is what I thought —about 31 or so, I believe. Where are
all these motormen assigned? What sectors?
Chief Dickson: Motormen... Well, we have a motorman assigned on a regular basis
on 7th Avenue; he rides this strip from 46th Street to 71st Street.
Mr. Carollo: No, I am talking City-wide.
Chief Dickson: City-wide? The motors are assigned in a traffic enforcement
mode as to where the bulk of the traffic is ... where the traffic tie-ups are
and motors do not generally get called for service.
Mr. Carollo: Let me tell you why I am asking this question, because I think
we could find a solution that...I am serious Mr. Mayor, I think we could find
a solution...
Mayor Ferre: I am with you.
Mr. Carollo: that would provide the 14 police officers that they are requiring
to serve this sector of our community. We have approximately 31, 32 motormen.
You know where the majority of these motormen are assigned? Little Havana. Do
you know the majority of people that are getting tickets in this City are the Hispan-
ics in Little Havana. I had the opportunity to sit in court this week and ob-
serve several of our motormen go before the judge in cases they had. I would
have been ashamed, if I was a police officer and I would get over 50% of the
tickets that I wrote thrown out and the judge declaring people 'not guilty" and
that was including the few accident tickets they wrote, which shows me one
thing - that those officers out there just giving tickets, based on probably
quotas they have, and that is their sole job, giving tickets. As far as taking
care of accidents, that I would even find acceptable, but I find, and this is
what I have been told by officers that work regular patrols, that motormen
handle very, very few accidents. So, in essence, what I am saying iia'.or, is
that here we have over 30 of our officers tied up to do only one service to this
community - give tickets, tickets, tickets 6 tickets.
Mayor Ferre: That is right.
Mr. Carollo: Now, they may call that traffic enforcement, Mr. Mayor; to a great
extent I would agree, but when you put pressure on an individual that he has to
give 10 or 15 tickets a day, you are going to get officers getting really sloppy
that are just hitting people in this community for really petty, petty things.
That is not what the law is supposed to be like. Now, what I am coming to
Major and Chief, is that I think it is about time that we stopped picking on
one sector of this community unjustly in assigning all the motormen to one sec-
tion of the community because those are the areas they enjoy and those are the
areas where you have the most neighbors to give the 50% discounts and if these
neighborhoods needs extra police protection and rightly so, we should take
these people that are not accomplishing a heck of a lot in my book, outside of
doing the worst possible job then can for the Police Department in public rela-
tions and put them on foot patrol like they want. After all, everytime that it
just rains even a little bit, those motormen can't go on those bikes, because it
is extremely dangerous. We are paying much, much more insurance for the motor-
men and their bikes then we are for a regular police patrol car, because of the
extra danger involved. And the sector of the community where these motormen are
working in, do not want that type of police help. They want the same type po-
lice help that these people here are calling for - that's police officers that
are going to be out there combating crime. Now..
Mayor Ferre: Can I add to my colleague's... we can't take a formal position
here, but I would like to bring this back for discussion, and I would like,
Mr. Manager, to see if there is any way that we can... and I am not saying that
we have to arbitrarily just cut out the motor patrol with 31 officers, but
I really think that we ought to find out where we can get the 28 officers, or
10 officers - you may not be able to get 14 - but, to see if we can find some
additional officers in the Department without taking away patrol from other
104 Mj;R 2 51982
Mayor Ferre: (con't) sectors and find ... maybe put some of these officers, or
reassign people so that perhaps we could de-emphasize a little bit the motor-
cycle function of traffic control.
Mr. Carollo: Mr. Mayor, excuse me...
Mayor Ferre: And, just one other thing —and after we get some of them, you
know that Porter Homer's report, when he came back said that there were some
areas where we needed to work on, and perhaps as we civilianize some of the
functions that are being done inside the Department, maybe we can start re-
leasing some of those men, perhaps you can accelerate that a little bit, yes.
Mr. Carollo: Excuse me, Mr. Mayor, and I apologize it there are any under-
takers in the audience. The only real reason that I could find acceptable
for having motors in -the Police Department, especially that many motors are
(1) for funerals and- (2) in case you have traffic tied up and you have an
emergency and a regular patrol car cannot get through, then you use the motors
to move a lot quicker through traffic. Now, we recently approved over 20, or
at least 20 smaller 250 motorcycles that are to be used exactly for that pur-
pose in case there has been an emergency and traffic is tied up, we could as-
sign officers to get through quickly, so in essence, what I am saying is that
dissolves the excuse that we need these motors for an emergency tvoe situ-
ation such as that. The other excuse for funerals, certainly there is a need
for motorcycles for funerals, but hey, that is not government's responsibility.
If those funeral directors in this town want motorcycles to direct their busi-
ness, that is private enterprise. They should pay for, go out and hire pri-
vate individuals to do that function just like when you businessmen out here
need protection for your business, you go and get a security guard. We, the
citizens of Miami should not be forced to share that extra burden with these
people, with all due respect. Now, this is one area alone that I have shown
that we can get 31, 32 additional police officers that would more than double
the needs that you are requiring here ... police officers that the only thing
that they are doing for this City is giving tickets, so that is great. They
are giving us a lot of extra funds, but what kind of public relations is that
doing for us?
Mayor Ferre: Alright, now Joe, I will tell you just...I will be with you in
a moment. Mr. Manager, for me, I am going to subscribe to this decision. but
that does not mean that we are going to stop the motorcycle operations, nor
does it mean that we are not going to render service to the funeral operations
here, because as I understand it, that is paid for by them, and that is done
on off -duty time and not on City of Miami time, and we are not going to get
rid of our motorcycles, but I think while we have this crunch for police of-
ficers, perhaps those officers could be deployed somewhat differently and
somehow we could impact on...
Mr. Carollo: But I will tell you, Maurice, with all due respect, whatever
they pay those police officers, does not anywhere near cover what it is cost-
ing the City of Miami in the form of the upkeep on those bikes and the insur-
ance alone.
Mayor Ferre: Alright, I would then request from you, Mr. Manager, and Police
Chief, information as to what other police jurisdictions in the United States
in the United States charge for that kind of service and how they approach
the problem, alright? We may have to, perhaps increase the charge; chat is
something that we will have to deal with.
Mr. Carollo: In fact, if I recall correctly, one time in the last year and
a half, when we passed some kind of ordinance to increase what the private
sector had to pay to hire police protection - private police protection - that
increase is then passed along to funerals. Am I correct in that, Mr. Manager?
I recall something to that effect.
Mayor Ferre: We ought to get an update. We ought to get that information
and I think what we ought to get, Mr. Manager and Chief, is ... let's get a
history; I don't think we need a 50-year history, but certainly the last 5 or
10 years. We need to get the specific information as to what we charged 10
years ago and what we charged 5 years ago and what the increases have been
for this type of service, and compare it to other jurisdictions to see if
we are keeping up with what the costs have been. I think fair is fair. We
are not...I am certainly not out to stop this kind of service; I think it is
105
MAR 2 5 1982
Mayor Ferre: (con't) something that needs to be done; I am sure Joe feels the
same way. Now, there is one other thing and then I will recognize you, that I
wanted to point out to you. I think Commissioner Carollo has a very good idea
about the usage of cars by officers in the City of Miami if they live in the
City of Miami. I would want to put a caveat on that, and that is, that those
cars are not to be used except on an emergency basis outside of the City limits
of the City of Miami. I don't want to find that somebody went out fishing up
to Okeechobee in the City of Miami cars up there. And the second caveat that
I would like to put ... what I would like to do is, I would like to see if we
can..if we -do it, perhaps get Metropolitan Dade County to permit those officers
who live in the City of Miami to join us in doing the same thing, so that it
would be more than...I am sure there are not that many in the Police Department
that live in the City, but there might be a few. Now, there is one other thing
that I do want to bring up, Mr. Manager, at the next Commission meeting for
discussion. I would like for you to call Merritt Stierheim tomorrow and for
you to start discussions and negotiations to deputize all Metropolitan Dade
County police officers to perform police duties if necessary within the City of
Miami boundaries and vice versa. I realize that if there is a hot, if there is
a pursuit - what is it called, Chief?
Chief Harms: Hot pursuit.
Mayor Ferre: Hot pursuit, then a police officer can cross the boundaries, but
I think that if a police officer in the City of Miami happens to be having
dinner up on 85th Street and the Boulevard and a crime is committed, that he
_ should not be precluded from functioning as a police officer. Now, I know
that that is the case, but I think we ought to formalize this. I am not say-
ing in any way that I am recommending consolidation, or that the police of _
Miami be consolidated with Metropolitan Dade County in any way; I am saying
that we should deputize other officers who have gone through the academy and
are recognized Florida law enforcement agents, so that any of them - and per-
haps you may want to do it with the police of Hialeah and the police of Miami
Beach - I know for sure some of those Miami Beach cops live in Miami; there is
a few of them. And, it seems to me it is the same kind of a situation that
we had with the taxicabs and even though, you know, we fought it, I did change
my position toward the end, and that was that we ended up having much better
cab service if the taxicabs can pick up and deliver and not deadhead back to
the airport and that sort of thing and vice versa. And, it seems to be work-
ing out. Again, I think that if we were to deputize, or permit other law en-
forcement officers, I would include the Florida Highway Patrol, anybody who _
is a sworn officer of the law - an officer of the court, therefore in any juris-
diction in Southeast Florida, would upon request be deputized to function as
if it were a part of the Miami Police Department if they are within our juris-
diction. Now, you are going to have to establish rules and regulations for
that, because that creates an awful lot of problems, and I don't want some
Metro police officer functioning within the City of Miami and reporting to his
sergeant or to his captain and creating a hassle, so if he functions within
Miami, it must be within the City of Miami structure. He must call the City of
Miami Police Department and report through us, so that we don't end up having
confusing command situations. So, would you come back with a report on that?
Rev. Jordan: Mr. Mayor.
Mayor Ferre: Yes, sir.
Rev. Jordan: We strongly urge you, you and Commissioner Carollo and our City
Manager and also our Chief of Police that you make a decision today, because
we have been waiting now for about six months, and the crime rate has gone up
5% in our community and we don't know what it is now; it could be even by 10%,
and so we encourage you and urge you to make a decision today.
Mayor Ferre: It was my understanding that crime, even though when crime goes
up, everybody jumps on us and we get all kinds of Press, but when it goes down,
everybody is kind of timid about talking about it and Chief, I have been after
the Manager on that, you know, for you to have a little press conference to
talk about the statistics which have not been released vet.
Chief Harms: They have been, but not in the form of a press conference, to
my knowledge.
106
F'i�P 2 � 1982
Mayor Ferre: Well, alright, but I mean..you know, if it were bad news, it be
the front page in the Miami Herald tomorrow, and the Miami News. If it is good
news, well they, you know, are not in much of a hurry to publish it, but that
is our fault. It is not their fault; that is the way..it is not the Herald,
it is the American press that works that way, and the fact is, and you ... I got
that from one of your speeches ... one of my speeches too, because.I say the same
thing, so I think the point is that if you have some good news about crime
statistics, I think you ought to make something about it.
Chief Harms: We have released it to the media; maybe we need to re -enforce it.
Mayor Ferre: You released it to the media and they didn't even pick it up.
You know, usually I am complaining about good news being on Page 4(b). This
wasn't even on Page 4(b)!
Mr. Carollo:- Chief, from the rank of Captain and above, including yourself,
how many officers are we talking about? Captain above, including yourself.
Chief Harms: 23.
Mr. Carollo: 23.
Mayor Ferre: Captain and above?
Chief Harms: Captain and above.
Mr. Carollo: We have how many Captains now, 8?
Chief Harms: 8.
Mr. Carollo: Then the next rank is Majot?
Chief Harms: Major.
Mr. Carollo: We have how many Majors?
Chief Harms: One chief, three deputies, three assistants and the balance
Majors.
Mr. Carollo: Okay, so we have 23 altogether, including yourself.
Mayor Ferre: One, three & three?
Chief Harms: One, three, three plus the Majors
Mayor Ferre: How many :Majors? You have got 8 Captains...
Chief Harms: 8.
Mayor Ferre: You have got 8 Captains, 8 Majors, that is 16; 3 deputies...21,
right? 3...
Chief Harms: Mr. Mayor, I am going to write it down; between your math and
mine, I am starting to get confused.
Mayor Ferre: That is 24, and one Chief is 25.
Chief Harms: 23 is my original count; let me see if I can do it in longhand.
Mayor Ferre: 8 Captains, 8 Majors.
Chief Harms: 6 Majors.
Mayor Ferre: 6 Majors, okay.
Chief Harms: 23.
Mavor Ferre: 23. What is our sworn personnel at this point? Sworn personnel.
Chief Harms: That is changing on a daily basis based on Academy classes.
Mayor Ferre: Well, the last time...
107 MAR 2 51982
Chief Harms: Let me get a sheet out of my briefcase.
Mr. Carollo: About 170, approximately, Maurice.
(INAUDIBLE COMMENT - OFF MICROPHONE)
Mr. Carollo: Excuse me, 870 approximately.
Mr. Gary: No, it is a little more than that; I think it is close to 1000, now.
Mayor Ferre: They added 40?
Mr. Gary: Yes, and plus...
Mr. Carollo.- But, are you including the officers inside the academy, or the
ones who are graduating now?
Mr. Gary: No. I think we got about 946 on the street and about 175 in the
academy. And the reason we got over that amount is because we have attrition.
Mr. Carollo: Okay, now, the reason I asked the Chief that question of how
many officers we have in the rank of Captain and above - from Captain and
above, that's the administration of the Police Department. Those are the
people who are leading and calling the shots in the Police Department. Now,
I am not even going to bother to ask the Chief this question, if he is going
to respond to it, we both know what the statement is going to be. I would be
willing to bet that our of the 23 individuals who we have in policy making
decisions inside the Police Department, not even two or three, if that, live
inside the City of Miami. In fact, you are going to find quite a few that
live in Broward County. And brothers and sisters, that is just the whole
point. If you don't have to live like we do in the City of Miami and go
through the problems that we do 24 hours a day in the City of Miami, you are
not going to feel the same as we do. If their children, their wives had to -
live in our neighborhoods, our City, go through the same problems, the same
concerns that we have, I guarantee you, this would change drastically. But,
it is nice to get your paycheck and you go to Broward County; you go to West
Dade, South Dade. It is different over there. It is quite different over
there - crime is lower, nicer neighborhoods. Hey, I live in the City of
Miami; that is where my concern is, and I was able to find a house that I
could afford and nowhere near the salary that some of these peoflle make and
live with my wife and two children in the City of Miami, so I understand what
you are going through, what your concerns are much better than a lot of other
people, because I am here 24 hours a day, not 4 days a week or 8 hours a day.
I understand you are tired of lip service. I truly understand that. I know
that what you want is action and results - not more lip service, not more
figures that you know, you will be seeing from now until the year is over.
I'll tell you what I could do. The only think that I can do as Commissioner
right now is to defend your right to try to make sure that my colleagues in
the administration of this City realize that we, in government are your ser-
vants, not your masters. You are the people that placed us here and you are
the people that pay their salaries. You are the City of Miami. We are your
servants, not your masters. We have got to listen to you, and no one else.
I understand what you are telling me and I know where you are coming from and
I agree! Enough is enough - no more lip service! Now, I just presented one
solution that I think could be done quite rapidly without affecting law en-
forcement in the City of Miami in one single way or fashion and it could free
more than enough officers to go into your neighborhoods and maybe, even more.
Now, the Manager is the individual and the only individual in the City of Miami
that can direct the Police Chief to do something. I go to Police Chief Harms
and tell him to do something - that I want this done and you had better do
this, they are going to hit me with a misdeameanor. The only thing I can do
is express to the Manager what your feelings are, what my feelings are too,
and if the Manager does not want to relay that to the Police Chief, then Ladies
& Gentlemen we have done our best and then we are just going to have to sit down
and come up with a proper solution to the problem.and I think you all read me
quite well and I think you all know where the ball is at. I can't do more than
what I am doing now here. If any of you have any ideas, hey, I will be there
right with you, hand in hand. You tell me what you think I can do besides what
I am doing now.
Mayor Ferre: Alright, Reverend.........
106 MAR 2 5 1982
a
Rev. Jordon: We would like to ask our City Manager, Mr. Gary, could you attend
to our needs today?
Mr. Gary: I can attend to your needs today only to the extent wherein I would
agree to sit down with a group of you and the Police Chief and the first thing
we will do is, we will look at what our figures say and what your figures say
and come to some compromise and we will insure that we will give you equal
share of police services as we do in any other neighborhood.
Rev. Jordan: When..how soon would that be?
Mr. Gary: Next week - Tuesday, Wednesday, Thursday, Friday.
Rev. Jordan: Tuesday? Tuesday is fine.
Mayor Ferre:. Not Thursday.
Mr. Gary: Other than Thursday.
Rev. Jordan: Tuesday would be good. Tuesday is fine - the sooner the better.
Mr. Gary: Sure.
Rev. Jordan: What time?
Mr. Gary: 7:30 breakfast in the morning?
REv. Jordan: That is fine, too.
Mr. Gary: The tab is on me.
Mayor Ferre: That early - that's it.
Mr. Gary: We will meet at Lums.
Rev.Jordan: Are you serious?
Mr. Gary: I am serious.
Unidentified Speaker: 'No, sir, that hour is too early.
Mr. Gary: We can have....
Unidentified Sepaker: And I am not concerned... please forgive me.
Mayor Ferre: Wait, wait. Why is it too early? You just get up a little
earlier, that is all.
Unidentified Speaker: No, I am not concerned with me. I can eat at nome. WilelL I sit
down, I want to talk business. Alright? We are not concerned about...
Mayor Ferre: Okay. Excuse me. I apologize, Reverend, apologize. I misunder-
stood. Okay.
Mr. Gary: I am sorry, we would like to make that Wednesday, because one of the
key actors will be out of town - your time and your place.
Mayor Ferre: Alright, what time?
Unidentified Speaker: Our time?
Mr. Gary: and your place. It may be better to have it at the police so we can
get all the files that we need.
Mayor Ferre: I think you would be much better off and I recommend that you
meet at the Police Department, because they have all the records and files
and you can actually... if something is missing, they can go get it right then
and there, so let's set the time.
Unidentified Speaker: 10:3U, Wednesday at Antioch?
Mr. Gary: Matter of fact, 10:30, at Antioch?
109
MAR 2 5 1962
.._ • a - .ram _ irii
Unidentified Speaker: Yes.
Mr. Gary: Jordan Grove?
Unidentified Speaker: All right, Jordan Grove Baptist Church.
Mayor Ferre: Now, Reverend, I am going to over -rule both of you. Now, the
Mayor has some prerogative here, and I will tell you what they are. I want
you to meet in the Police Station, because that is where the files are and
if they are missing a record, I don't want them to say "Well, we can't answer
you today, we will have to come back next week", you know? If you want an
answer, that is where you are going to get an answer. 10:30, alright?
Unidentified_Speaker:.'Thank you very much.
Mayor Ferre: Alright, is there anything else to come up before this Commission
at this time? Alright, Reverend, let me leave you with just one last thought.
Our next meeting is on the 1st of April. Now, it is going to be a busy meet-
ing and I cannot promise you that we will have time during the day, but I pro-
mise you I will stay, if you wish to come back, like you did tonight. I will
stay later than 5:30 though and if you want to wait until we finish our regular
agenda, I will be happy to stay - I can't speak for anybody else, but I will
stay as long as I have to to deal with this problem if you are not satisfied.
Alright? Yes, sir.
Mr. Gary: Mr. Mayor, in all fairness to Staff...
Mr. Carollo: Maurice, I think we will all stay.
Mr. Gary: Even though we have the 30 days policy of allowing us the informa-
tion, I don't think it is going to take that time. We can address the issue
in terms of deployment of men, but in terms of some of the other issues that
have been raised, we won't have that information by the time April 1st comes
around.
Mayor Ferre: And that is reasonable; that is why we set that 30 day rule so
that you would not be asked for unilaterally arbitrary information that you
couldn't supply. Oh, there is one other thing I wanted to deal with, Chief,
about the academy. Mr. Manager, I want you to feel free to come back to this
Commission any time you want to employ every one of those officers that are
in the academy. I don't want you to tell them "Look, we don't have any place
for you now, because we are up in the thousand, and we can't hire the next
30 because that would make it 1030", okay? You have been authorized to a
thousand. I want you know that we have a $400,000 surplus; I am willing to
use that money if we need to, to hire extra police officers so that we don't
let any of these people that we have trained, get away from us.
Mr. Gary: That is what we are doing now. We are hiring everyone that is in
the academy - who comes out of the academy.
Mayor Ferre: Yes, please. I mean, whoever goes to the acedemy and passes
the exam and becomes a sworn officer, let's swear him in and let's get him
into the ranks. Alright, Reverend
Unidentified Speaker: We would like to thank the City Commission. and we would also
like to thank you, Mr. Gary, and we will see you Wednesday at 10:30 at the
Miami Police Department. Thank you.
ADJOURNMENT
There being no further business to come before the City Commission,
on motion duly made and seconded, the meeting was adjourned at 7:25 P.M.
MAURICE A. FERRE
Mayor
ATTEST: RALPH G. ONGIE
City Clerk
MATTY HIRAI 110
Assistant City Clerk
WAR 2 5 1982
CL7Y OF IWAMI
�Meo�o 01lATEO MEETING DATE:
�e 4e
�:. MARCH 25, 1982
ITEM NO DOCUMENT IDENTIFICATION COMMISSION RETRIEVAL
PLAT ACCEPTANCE. IZQUIERDO SUBDIVISION
PLAT ACCEPTANCE. A.C. SUBDIVISION
PLAT ACCEPTANCE. B.W.R. ASSOCIATES TRACT.
REDESIGNATE N.W. 2 AVENUE BETWEEN N.W. 29 AND 36
STS. AS N.W. 2ND AVENUE. EUGENIO MARIA DE HOSTOS
BOULEVARD.
REDESIGNATE N.W. 20 STREET BETWEEN N.W. 8 AND 27
AVENUES AS N.W. 29 STREET/BOULEVARD OF THE AMERICAS
AUTHORIZE CITY MANAGER TO APPROVE THE ASSIGNMENT OF
BOAT RENTAL RIGHTS FROM MARINE STADIUM ENTERPRISES
INC. TO BISCAYNE BOAT RENTALS, INC.
PLAT ACCEPTANCE. SEAROCK SUBDIVISION.
PLAT ACCEPTANCE. SIMPSON ADDITION.
GRANT APPLICATION BY DANIEL ARIAS FOR A ONE YEAR
EXTENSION OF A VARIANCE AT 1815 S.W. IRD AVENUE
AUTHORIZE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH LEITNER FREILICH FOR PROFESSIONAL SERVICES IN
CONNECTION WITH IMPACT FEES.
DESIGNATE FIRMS OF BRADLEY PROPERTIES,INC. AND RELAT
HOUSING COMPANIES. CONSORT, LTD. AS QUALIFIED TO
PARTICIPATE IN PRODUCTION OF RENTAL HOUSING
DEVELOPMENT PROGRAM
AUTHORIZE CITY MANAGER TO SECURE APPRAISALS OF
PROPERTIES LOCATED AT 1200 WEST FLAGLER STREET AND
2300 N.W. 14TH STREET,
R-82-270
R-82-2 71
R-82-272
R-82-275
R-82-276
R-82-277
R-82-278
R-82-279
R-82-280
R-82-281
R-82-283
R-82-284
82-270
82-271
82-272
82-275
82-2 76
82-277
82-278
82-279
82-280
82-281
82-283
82-284
i