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CC 1984-10-25 Minutes
CITY OF ►dilAAAI L 4K 0 1 IVA I IVA I LS%N 1*161 _ j OF MEETING HELD ON - October 25, 1984 (PLANNING 6 ZONING) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G.. ONGIE CITY CLERK A zai�� -� ,.-: INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM SUBJECT OCTOBER 25, 1984 LEGISLATION PAGE NO. 1 PRESENTATIONS, PLAQUES AND SPECIAL ITEMS. DISCUSSION 1-2 2 DISCUSSION REGARDING ATTEMPT TO BRING THE ORANGE BLOSSOM CLASSIC BACK TO MIAMI. M-84-1192 2-3 3 GRANT REQUEST FOR CLOSURE OF 51ST STREET BETWEEN 10TH AND 11TH AVENUES FROM 11:00 A.M. TO 7:00 P.M. ON OCTOBER 27TH FORE BLOCK PARTY. M-84-1193 3-4 4 FIRST READING ORDINANCE: AMEND CHAPTER 50 OF THE CODE. ADD NEW ARTICLE IV. "MIAMI VESSEL MOORING CODE". REGULATING, SETTING STANDARDS, ETC. 1ST READING 4-5 5 DRAWING FROM AMONG EMPLOYEE NAMES TO BE RECIPIENTS OF TICKETS TO THE MICHAEL JACKSON VICTORY TOUR EVENT. DISCUSSION 5-7 F GRANT REQUEST MADE BY CHANNEL 17 TO LOAN CITY'S SNOWMOBILE IN CONNECTION WITH THEIR FORMAL OPENING AND DEDICATION OF THEIR NEW FACILITY. M-84-1194 7-8 7 DISCUSSION AND TEMPORARY DEFERRAL OF DISCUSSION REGARDING THE MICHAEL JACKSON GUARANTEE. DISCUSSION 8-9 B DISCUSSION ITEM: SALE OF DRUGS IN NEIGHBORHOODS, ENJOYMENT OF PROPERTIES WHICH HAVE BEEN KNOWN TO BE DISTRIBUTION CENTERS. R-84-1195 9-11 9 AUTHORIZE CITY MANAGER TO GRANT TECHNICAL EXPERTISE NEEDED BY THE ALLAPATTAH LOCAL DEVELOPMENT CORPORATION REGARDING DEVELOPMENT OF PROPOSED SHOPPING CENTER FOR ALLAPATTAH M-84-1196 11-13 10 DIRECT CITY MANAGER TO ARRANGE FOR A REPRESENTATIVE OF METROPOLITAN DADE COUNTY, PUBLIC WORKS DEPARTMENT TO COME AND APPEAR BEFORE THE CITY COMMISSION TO ANSWER QUESTIONS IN CONNECTION OF CERTAIN TORN UP STREETS WHICH CONSTITUTE A PUBLIC HAZARD. M-84-1197 13-15 11 EXTEND RECEIPT OF R.F.P.'S FOR THE DEVELOPMENT OF OVERTOWN PARK WEST. M-84-1198 15-16 '^ GRANT REQUEST MADE BY REPREESENTATIVES OF "PRESIDIO POLITICO HISTORICO CUBANO" FOR PLACEMENT OF A STATUE IN JOSE MARTI PARK. M-84-1199 16-17 13 BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF COMMISSIONER'S JOE CAROLLO'S REQUEST REGARDING PLACEMENT OF "HOWARD V. GARY" ON THE AGENDA. DISCUSSION 17-19 14 INSTRUCT CITY ATTORNEY TO DRAFT LEGISLATION CALLING FOR A REFERENDUM AT NEXT LOCAL REGULAR ELECTION PROVIDING FOR NO INCREASE IN THE MILLAGE RATE OF AD VALOREM TAXES (AS WELL AS AN ALTERNATIVE) FOR NEXT FISCAL YEAR. M-84-1200 19-20 a 15 DIRECT CITY MANAGER TO ALLOCATE $500N 00 AS PRIZE P MONEY FOR THE MIAMI MEETING MASTERS INVITATIONAL GOLF TOURNAMENT BEING HELD IN � MCI. M•$4•�1EQ! -; r r 16 RESOLUTION OPPOSING ISSUANCE OF INDUSTRIAL DEVELOPMENT BONDS BY METROPOLITAN DADE COUNTY TO RELOCATE ESTABVLISHED MIAMI BUSINESSES OUT OF THE CITY AND INTO UNINCORPORATED DADS, ETC. 17 BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF AGENDA ITEM NO. 10-REQUEST FROM INTERESTED CITIZEN TO HAVE ITEM COME UP AFTER 6:00 P.M. R-84-1202 DISCUSSION 18 SECOND READING ORDINANCE: AMD ZONING ATLAS AS REQUESTED BY JOSEPH AND MADELINE REHILL LAFERRIERE, AT APPROXIMATELY 6450-90 WEST FLAGLER STREET FROM RG-3/5 TO CR-2/7. ORD. 9926 19 SECOND READING ORDINANCE: 21-25 25-27 27-31 ORD. 9927 31-33 20 DEFER CONSIDERATION OF PROPOSED SECOND READING ORDINANCE REGARDING REQUESTED ATLAS CHANGE BY APPYING SEC. 1610/HC-1 GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE "LYRIC THEATER". DISCUSSION 33-34 21 CONTINUE CONSIDERATION OF PROPOSED FIRST READING ORDINANCE FOR CHANGE OF ZONING AT 2210-30-40 S.W. 16TH ST. AND 1600-02 S.W. 22 AVENUE FROM RS-2/2 TO CR-1/7. M-84-1203 34-52 22 FIRST READING ORDINANCE: GRANT ZONING CHANGE AT 3400-3490 S. DIXIE HWY & 3460 BIRD AVENUE FROM RO-2.1/5 AND RG- 2.1/3 TO CG-1/7. (APPLICANTS: DELTABRAN, LTD; JUAN DELGADO; ALDO, MAXIM09 RAFAEL & GERARDO ALVAREZ; VICENTE MTTAS; AND KARL AND ENID BROT. 1ST READING 52-55 23 RATIFY ACTION BY CITY MANAGER IN EXECUTING AGREEMENT WITH OVERTOWN ECONOMIC DEVELOPMENT CORPORATION, INC. FOR GRANT FOR THE "FOUTH ANNUAL OVERTOWN COMIN' ALIVE FESTIVAL". R-84-1204 55-57 24 FIRST READING ORDINANCE: AMD ZONING ATLAS CHANGE ZONING IN AREA BOUNDED BY APPROXIMATELY S.W. 32 AVENUE, OAK AVENUE, WEST BOUNDARY OF KIRK MUNROE PARK, AND REAR LOT LINE OF PROPERTIES FRONTING ON SO. SIDE OF OAK AVENUE FROM RS-2/2 TO RG-1/3. 1ST READING 57-59 25 FIRST READINGG ORDINANCE: CHANGE ZONING AT ASPPROXIMATELY 2351 S.W. 37 AVENUE FROM CDR-2/7 TO CR 2/8 (APPLICANT: I.R.E. REAL EST FUND, LTD.) 1ST READING 59-76 26 GRANT APPEAL AND AFFIRM DECISION OF THE ZONING BOARD IN GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF MULTI STORY OFFICE STRUCTURE TO BE LOCATED AT 2351 S.W. 37 AVENUE WITH LIGHT PLANE PENETRATIONS AT INTERIOR SIDE LINE. R-84-1205 76-79 27 GRANT APPEAL AND AFFIRM ZONING BOARD GRANTING OF VARIANCE TO PERMIT CONSTRUCTION OF MULTI -STORY OFFICE STRUCTURE WITH REDUCTION OF OFF-STREET LOADING STALLS AND SUBJECT TO OBTAINING SPECIAL CLASS "C" PERMIT, ETC. R-84-1206 79-80 28 AUTHORIZE AMENDMENT TO CONTRACT WITH "STADIUM MANAGEMENT CORPORATION" FOR USE OF ORANGE BOWL STADIUM FOR THE JACKSON VICTORY TOUR PROVIDING FOR INDEMNITY AND HOLD HARMLESS AGREEMENT IN FAVOR OF THE CITY, ETC. R-84-1207 80-82 29 INTENT BY COMMISSIONER MILLER DAWKINS TO BRING UP THE ISSUE OF HOWARD V. GARY (TEMPORARILY DEFERRED). 30 DENY APPEAL AND AFFIRM GRANT OF SPECIAL EXCEPTION IN 9500 AS AND, SCHEDULE OF DISTRICT REGULATIONS, ETC. TO PERMIT ADDITION OF MAJOR STRUCTURE IN DAVID T. KENNEDY PARK. 31 DENY APPEAL AND AFIRM ZONING BOARD'S DECISION TO GRANT SPECIAL EXCEPTION -PERMIT MARGINAL PIER/BOARDWALK STRUCTURE AT 2200-2400 SO. BAYSHORE DRIVE. .)2 CONTINUER ALL REGULARLY SCHEDULED ITEMS OF TODAY'S AGENDA TO MEETING OF NOVEMBER 15, 1984 DUE TO DISRUPTION ON THE FLOOR. (A) CITIZENS URGE THE MAYOR TO BRING UP HOWARD V. GARY'S ISSUE. 33 REMOVE HOWARD V. GARY FROM THE POSITION OF CITY MANAGER, SETTING FORTH REASONS FOR SUCH REMOVAL; ETC. DISCUSSION 82-84 R-84-1208 R-84-1209 M-84-1210 R-84-121 1 84-88 89-92 92-98 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 25th day of October, 1984, 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 9:27 O'Clock A.M. by Mayor Maurice A. Ferre with the following members of the Commission found to be present: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre ALSO PRESENT: Howard V. Gary, City Manager Jose R. Garcia -Pedrosa, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Mayor Maurice A. Ferre = who then led those present in a pledge of allegiance to the flag. -------------------------------- ---------------------------- 1. PRESENTATIONS. PLAQUES AND SPECIAL ITEMS. Mayor Ferre: Good morning ladies and gentlemen, this is a Regular City of Miami Commission meeting. Plague; To Marcos A. Kohly, upon his Presented retirement from the City of Miami. CSmmendatinns: Officers David Donaldson and Presented Armando Castro, Most Outstanding Officers of the Month for September, 1984. Certificates of Aporeciatinn;, Presented gI Lt. Homer Lanijr. Set. Frank Taylnr. Sat, Alfonso Irvin¢. Overtnwn Cnmmunity. s Certificates of Aboreaiation: Presented s General --Foods _Corporation _and Kiwanis flub of Little Havana o for their generous donation to th, City of Miami. 2. DISCUSSION REGARDING ATTEMPT TO BRING THE ORANGE BLOSSOI CLASSIC BACK TO MIAMI. ----------w--- �-.&-----w Mayor Ferre: All right, now we get into the pocket item and I have got three non -controversial, hopefully, simpl projects. One is a resolution bringing back the Orang Blossom Classic for Miami. Miller, you want to do that? Mr. Dawkins: ... (COMMENT INAUDIBLE). Mayor Ferre: Pass a resolution which will formalize this afternoon offering the assistance of the City of Miami to FAMU Committee that is negotiating the location of the next Orange Bowl Classic and encouraging to bring it back to Miami and we are... and this resolution offering assistance of the already established Sun Street Festival Committee to work with them. Ladies and gentleman as you know for well over a quarter of a century the FAMU Classic came to Miami. Over the past four or five years every year we have been helping them with more and more money and more and more participation. The parade got bigger and better and better organized, more people and several years ago it was a tremendous success and then unfortunately, the leadership of the FAMU Alumni Club and others decided along with the administration that perhaps it should be taken to Tampa and to move it around the State of Florida. Well, they did it and they didn't have any... I won't say that it was not a success, because we want to be kind. But let us say that it was not as successful as it has been in the past in Miami. So, it is very important to us to try to get this important classic back to Miami and I think we should try the very best and at this time I recognize Commissioner Dawkins to make a motion. Mr. Dawkins: Ok. I will move the motion that the Mayor just made. As the Mayor said at one time it was one of the largest affairs that we had here and for some reason Tampa got into it and Tampa begin to offer things that the City of Miami was not offering, but for some reason that also petered out. So, I move that we work as hard as we can with the organization that's attempting to bring the Orange Blossom Classic back to the City of Miami. Mr. Plummer: Second the motion. Mayor Ferre: Further discussion, call the roll. Bl IN 2 October 25, The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 84-1192 A MOTION INSTRUCTING THE ADMINISTRATION TO OFFER THE ASSISTANCE OF THE CITY OF MIAMI AND OF THE ALREADY ESTABLISHED SUNSTREET FESTIVAL COMMITTEE TO WORK WITH THE FLORIDA A & M UNIVERSITY COMMITTEE THAT IS PRESENTLY NEGOTIATING THE SITE OF THE NEXT ORANGE BOWL CLASSIC, AND ENCOURAGING THEM TO BRING IT BACK TO MIAMI. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrio Perez, Jr. Commissioner Joe Carollo 3. GRANT REQUEST FOR CLOSURE OF 51ST ST. BETWEEN 10TH AND 11TH AVENUES FROM 11:00 A.M. TO 7:00 P.M. ON OCTOBER 2TTH FOR A BLOCK PARTY. --------- ---- - -- --- - ----- ----- - - -- - --- ------- ---w---w-wwwwww Mayor Ferre: The next thing that I have is Mr. Felipe Savory... Is Mr. Savory here? Mr. Savory is requesting that the City close Northwest 51st between 10th and 11th Avenue from 11 A.M. to 7 P.M. on October 27th for a block party 11 A.M. Now, this October 27th falls on a Saturday? And what organization is this? Mr. Dawkins: Mr. Mayor, it's a group that's... The Grenadians who just came here, they want to celebrate the one year freedom of their Country. So, they want to have a parade and they are just getting behind it late. So, that's why I told them to come to your office. Mayor Ferre: Make it a motion. Mr. Dawkins: I move. Mr. Plummer: Second. Mayor Ferre: Seennded. Is there further discussion? The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 84-1193 A MOTION GRANTING A REQUEST MADE BY Mr. FELIPE SAVORY FOR THE CLOSURE OF N.W. 51ST STREET BETWEEN 10TH AND 11TH AVENUES ON OCTOBER 27, 1984 FOR A BLOCK PARTY. i g], October 259 1984 MW Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrio Perez, Jr. Commissioner Joe Carollo ------------- ----------- ---------- -------------------------- 4. FIRST READING ORDINAMC AMEND CHAPTER 50 OF THE CODE, ADD NEW ARTICLE IV - "MIAMI VESSEL MOORING CODE" REGULATING, SETTING STANDARDS, ETC. ------------------------------------------------------------ Mayor Ferre: All right, the last thing that I have is Mr. Robert Parks of the Miami River Management Committee on a derelict boat. Mr. Parks. Mr. Robert Parks: Mr. Mayor, and members of the Commission I am here in my capacity as Chairman to the Governor's Miami River Management Committee. We had been here in May with a resolution that we had passed requesting you to authorize the City Attorney to prepare a Miami Vessel Mooring Code, because the City of Miami did not have one. You passed that, so instructed the City Attorney. Ms. Dougherty's office has prepared that ordinance at the present time and it's before you for first reading. We would urge that the Commission pass it. Mayor Ferre: Does this have the concurrence of the administration, Mr. Manager? Mr. Gary: Yes, sir, Mr. Mayor. We have been working with him to address the problems(1/2-gl) associated with mooring of vessels, particularly those that are nuisances. So, we support this. Mayor Ferre: Does this have the legal department's concurrence? Ms. Dougherty: Yes, sir, Mr. Mayor, we prepared the ordinance. Mayor Ferre: All right, is there any discussion on this issue? Mr. Plummer: Mr. Mayor, I will vote for this on first reading with the understanding that a second reading is a public hearing. Mayor Ferre: All right, we have a gentleman who raised his hand that he wants to address the Commission. Please step forward, sir. Your name and address for the record. Mr. Bill Holman: My name is Bill Holman, 1900 79th Street. I would like to point out that although this proposed ordinance has considerable endorsement, it has not been widely circulated in the marine community and there are only a few copies of it in existence at this point. It's brings in some of the County rules that I find distasteful and I think will tend to drive some boats from the area that are not problem boats, simply because it makes the property owner who rents to a boat liable if that boat should be gl abandoned by it owner and sunk on the property, in other words, a person who rents to a boat owner for may be two hundred fifty dollars a month has the possibility of facing may be a fourteen thousand dollar bill for clean up under that and that will tend to make property owners not want to rent spaces to boats and there is really a shortage of available spaces. And conversely people will slip into those empty space illegally and you bring in the worst possible element with that. Mayor Ferre: All right, I think Commissioner Plummer was speaking for all of us that we are passing this only in first reading and this will be properly advertised, properly circulated and we will have a full hearing. Mr. Manager, the administration is instructed to make sure that it is published in a newspaper through the Clerk's office and that the Marine Council and the other interested parties that have an interest in the River be as well informed as possible as to the contents of the ordinance and inviting them to the public hearing, which I imagine would be at the first meeting of December, I would imagine. Or November. I don't know which. Which ever the... Mr. Plummer: No, you don't have thirty days. Mayor Ferre: Well, all right. Whenever it is, it will probably be first meeting of December. All right. Is there a motion? Mr. Plummer: So, move. Mr. Dawkins: Second. Mayor Ferre: Moved and seconded, would you read the ordinance please. Further discussion, call the roll please. g 5 October 25, 1904 s AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CHAPTER 509 ENTITLED "SHIPS, VESSELS, AND WATERWAYS," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING THERETO AN ADDITIONAL ARTICLE IV, ENTITLED "MIAMI VESSEL MOORING CODE," REGULATING THE MOORING OF VESSELS, SETTING STANDARDS FOR MOORING, DECLARING VESSELS IN VIOLATION OF STANDARDS TO BE A NUISANCE, PROVIDING FOR ABATEMENT OF IMPROPER MOORING PRACTICES AND IMPOSITION OF EXPENSE OF ABATEMENT AS A LIEN AGAINST LAND TO WHICH VESSELS ARE MOORED, PROVIDING FOR CIVIL ACTION TOO COLLECT COSTS OF ABATEMENT, AND PROVIDING PENALTIES; FURTHER PROVIDING THAT THE MOORING CODE PERTAIN TO. THE MOORING OF ALL VESSELS PROHIBITING THE INSTALLATION OF PILINGS OR THE RAFTING OF VESSELS IN THE NAVIGABLE CHANNEL OF THE MIAMI RIVER, DEFINING THE SEPARATE MOORING REQUIREMENTS FOR VESSELS OF 50 FEET OR MORE IN LENGTH, FOR VESSELS OF LESS THAN 25 FEET IN LENGTH, AND FOR VESSELS BETWEEN 25 AND 50 FEET IN LENGTH, PROVIDING FOR SAFETY INSPECTIONS WHEN THE OWNER OR OPERATOR OF THE VESSEL IS ABOARD; FURTHER PERMITTING THE CITY TO TAKE REMEDIAL CIVIL ACTIONS AGAINST OWNERS OF VESSELS WHICH CONSTITUTE PUBLIC NUISANCES WITHIN THE MIAMI RIVER OR ITS TRIBUTARIES AS WELL AS AGAINST OWNERS OF LANDS ABUTTING SUCH VESSELS; LIMITING THE COUNTY'S RIGHT TO PROCEED AGAINST SUCH OWNERS OF LANDS WHEN SUCH OWNERS HAVE NEITHER CONSENTED TO THE MOORING OR PLACING OF SUCH OFFENDING VESSELS TANGENTIAL TO SUCH LANDS NOR RECEIVE RENTALS OR OTHER BENEFITS FROM THE OWNERS OF SUCH OFFENDING VESSELS OF THEIR AGENTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and passed on its first reading by title by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrio Perez, Jr. Commissioner Joe Carollo The City Attorney read the ordinance into the public record and stated that copies had been furnished to the City Commission and that copies were available to the public. $1 October 25, 1984 --i-i-iiiiiiiiii •.. 5. DRAWING PAwA AMONG LOYEE NAMES TO BE REu'-PIRNTS Of TICKETS TO THE MICHAEL JACKSON 'VICTORY TOUR MNT. ---i-------------------------- -------------------------- Mayor Ferre: At this time I would like to ask Anne Marie Adker and Joanne Holzhauser to step forward right here where they will choose the lucky recipients of some Michael Jackson tickets. Not for you though. This is for employees. We have to choose how many Cesar? Mr. Odin: One thousand. Mayor Ferre: We can't choose one thousand, so let them choose the first ten. Ok. You choose five and you five. And then the rest of it will be done where Cesar? Mr. Odin: Up stairs. Mayor Ferre: What? Up stairs. Mr. Plummer: The first one is Henry Davis. Mr. Gary: What department? Mr. Plummer: It doesn't say what department. 26355. Pedro Hernandez, Rolando Davis, Christine Pratt and Richard Bruno. They get the right to buy. Let me tell you about free tickets to Michael Jackson very quickly. There was only one free ticket to Michael Jackson Concert. That was given to me at the press conference. What the T.V. didn't pick up was in great big bold letters "V-O-I-D". There were no free tickets. Mr. Dawkins: Ok. John Albert Reed. John Albert Reed has MS on the back. I don't know what that means. Lon Sears has Pol. I guess that's police. James Bird, Jr., Miguel L. A. Perez and Justo L. Alfonso. Mayor Ferre: All right, read your five. Mr. Carollo: The first one I have is Hector Barreto, Cordovi Genova, Junior Mitchell, Van Woods Angela Bellamy. Mayor Ferre: Ok. Give them to Cesar. All right, that's all the pocket items I have. J. L., we will start with you. ---------------------- ----- ------------ --------------------- 6. GRANT REQUEST MADE BY CHANNEL 17 TO LOAN CITY IS SBOWMOBILE IN CONNECTION WITH THEIR FORMAL OPENING AND DEDICATION OF THEIR NEW FACILITY. -------------- ---------------------------------------------- Mr. Plummer: Mr. Mayor, I have two, one of which I will be holding. I have a request here from Channel 17, the public broadcasting. They are having a formal opening of and dedication of their new facilities on 17th Street. Mr. Mayor, they are asking the City if they would, to donate the showmobile for the use on November 17th and 18th. The waiver of the permit fee for the closing of the street and the in -kind of a Sergeant and four police officers for each day. Mr. Gary, do you have any problem with that? It's for another governmental agency. Seeing there are no problems Mr. Mayor, I will move that this be granted. Mayor Ferre: Is there a second? Mr. Dawkins: Second. Mayor Ferre: Further discussion, call the roll. Si 7 October 259 1988 _ The following motion was introduced Commissioner Plummer, who moved its adoption: MOTION N0. 84=1194 A MOTION GRANTING A REQUEST MADE BY CHANNEL 179 A PUBLIC BROADCASTING TELEVISION STATION, FOR USE OF THE CITY'S SHOWMOBILE ON NOVEMBER 17 AND 18 IN CONNECTION WITH THE FORMAL OPENING AND DEDICATION OF THEIR NEW FACILITY LOCATED ON 17TH STREET; FURTHER GRANTING REQUESTED WAIVER OF THE PERMIT FEET FOR CLOSURE OF THE STREET; AS WELL AS THE IN KIND SERVICES OF A SERGEANT AND FOUR POLICE OFFICERS FOR THE TWO DAYS OF THE SAID EVENT. by Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrio Perez, Jr. ----------------------- ------------------------------------- 7. DISCUSSION AND TEMPORARY DEFERRAL OF DISCUSSION REGARDING THE MICHAEL JACKSON GUARANTEE. Mr. Plummer: Mr. Mayor, let me only give you a brief report and I will be bringing the item up later in the afternoon. As you all are aware and have read with, I'm sure, great interest is ... I have been there helping writing. In reference to Michael Jackson, one of the contract clauses that was accepted by the promoters and by the local radio station who made the guarantee and fully understood in big bold print, was that the City was asking and requesting and demanding that this City be indemnified from any lawsuits after the concert possibility created by the disruption of the field. That was unable to be secured. The promoters as an alternative have surrendered to the City a insurance policy indemnifying the City from any lawsuits or satisfaction of one hundred fifty million dollars. I have this insurance policy which has been run through the City Attorney's Office and through Risk Management. This policy as it states is acceptable to the City as far as a policy is concerned with some minor verbiage changes and it's very minor. Mr. Mayor and my Commissioners there are two tether meetings which are going on this morning and I would like to hold until such time as the completion of those meetings between the promoters and the University of Miami and between the promoters and the Miami Dolphins who hold concession right as well. I would like to report to you that last weekend a concert by the Jaekaons was held in Cleveland, Ohio. Mr, Cesar Odio and the Manager saw fit to send our Director of Stadiums to that concert to get a feel of what was going on. And I think we must tell you that three days prior to that concert there was nothing but rain,: They used in the Cleveland Stadium, I guess which now will �3w 81 8 October 259 ! 94A, _ i�4. be referred to as a Magic carpet. This is a carpet that was put down over the field. It is polyethylene and it breath.Water can go right through this carpet. I have here, which I will distribute to the members of the Commission with one minor spot, there was no damage to the field and I know you all can't see these photos, but this is a photo after the tarp was taken off and there was only one minor exception and that was in a walk way. I will pass these through, because I think that your concern as well as mine all the way along has been for the University and the Dolphins and to me the only thing here is a little discoloration. I Mr. Mayor, this afternoon, hopefully, will be bringing back to this Commission after the conclusion of those two meetings, this contract if it meets with your approval to accept it as an alternative, but I will pass these pictures among you to look and to see what the stadium in Cleveland experienced. I think it was very, very good. That's tarp by the way has already been rented from the owners of the company and in fact it will be here in the Orange Bowl for the Jackson Concert. Walter, have I covered everything? To the best of my knowledge, there are no tickets left. They sold one hundred thousand tickets. Mayor Ferre: You want to pass a resolution? Mr. Plummer: Not yet. I would like to wait until those other two meetings are completed, Mr. Mayor. Mayor Ferre: Fine. That's fine. Ok. Mr. Plummer: Ok. I just wanted to bring you up and make a report. Mayor Ferre: Ok. Is that it? Mr. Plummer: That's all I have, sir. Mayor Ferre: Miller. 8. DISCUSSION ITEM: SALE OF DRUGS IN NEIGHBORHOODS; ENJOINMENT OF PROPERTIES WHICH HAVE BEEN KNOWN TO BE DISTRIBUTION CENTERS. ------------------------------- -------- Mr. Dawkins: Mr. Mayor, we all are concerned about the sale of drugs in our neighborhood and I have here from the Florida Statutes, Chapter 823 which reads 823.05 "Places declared a nuisance may be abated and enjoined. Whoever shall erect, establish, continue or maintain, own or lease any building, booth, tent or place which tends to annoy the community or injure the health of a community or become manifestly injurious to the morals or manners of the people as described or shall be frequented by the class of persons mentioned in Section 58.6 or any house or place of prostitution, assignment, lewdness of place or building where games of chance are engaged in violation of law of anyplace where any law of the state is violated and shall be deemed guilty of maintaining a nuisance and the building, erect, place, tent or booth and the furniture, fixtures, and contents are declared a nuisance. All such places or persons shall be abated or enjoined as provided in Sections SS60511• I have another one. Florida State law 1983 Chapter 823, Section 823.01. "Places where controlled substances are illegally kept, sold or used declared a public nuisance. Any store, stop► warehouse, dwelling house, building vehicle, ship, boat, vessel or aircraft or any place gl 9 October 25, 1984 11 whatever which is visited by persons for the purpose of unlawfully using any substances controlled under Chapter 893 or any drugs as described in Chapter 499 or which is used by the illegal keeping, selling or delivering of the same shall be deemed a public nuisance. No, person shall keep or maintain such public nuisance or aid and abet another in keeping or maintaining such public nuisance". With that Mr. Mayor, I would like to instruct our Police Department that in my neighborhood specifically, there are houses where they go in the morning, they make a drug bust and in the afternoon the people are back in business. Now, according to the Florida State laws this is not supposed to be permitted. So, I would like for our Police Department once they go in and bust them, that they nail it up or whatever has to be done or if the City Attorney can tell me legally, what can we do to close these houses down. Ms. Dougherty: Mr. Commissioner, under the Statutes that you have read, if the Police Department has sufficient evidence to manifest that this is a continuing activity in those buildings, they should gather that evidence, bring it to the City Attorney's Office and if you authorize me to enjoin or seek an injunction in the closing of those buildings, we will do so. Mr. Dawkins: Well, do I have to make a motion, Mr. Mayor? Or what should we do? Mayor Ferre: I think you have to make a motion? Isn't that right? Ms. Dougherty: I would like that. Any buildings that are brought to the City Attorney's Office for closure pursuant to this law, we are authorized to proceed. Mayor Ferre: All right, Mr. Dawkins moves, is there a second? Mr. Plummer: Second. Mayor Ferre: Further discussion on the motion? All right, call the roll please. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 84-1195 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS, UNDER STATE LAW FOR THE PURPOSE OF ABATING ANY PUBLIC NUISANCES ARISING FROM UNLAWFUL USE, POSSESSION, SALE OR DELIVERY OF SUBSTANCES, CONTROLLED UNDER CHAPTER 8939 FLA. STAT., OR DRUGS AS DESCRIBED IN CHAPTER 499, FLA. STAT., OR THOSE PUBLIC NUISANCES AS DECLARED UNDER SECTION 823.05, FLA. STAT., SAID PROCEEDINGS TO BE INSTITUTED UPON RECEIPT OF SUFFICIENT PROOF PROVIDED TO THE CITY ATTORNEY BY THE POLICE DEPARTMENT. (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.. gl 10 October 25, 1954, AYES. Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrin Perez, Jr. 9. AUTHORIZE CITY MANAGER TO GRANT TECHNICAL EXPERTISE NEEDED BY THE ALLAPATTAH LOCAL DEVELOPMENT CORPORATION - REGARDING DEVELOPMENT OF PROPOSED SHOPPING CENTER FOR ALLAPATTAH. ---------- -------- --------- --------------------------------- Mr. Dawkins: The other one. Mr. Packingham. Mr. Ralph Packingham. Mr. Ralph Packingham: Good morning. Mr. Mayor, City Commissioners, City Manager, my name is Ralph Packingham. I'm the President of the Allapattah Merchants Association as well as the President of the Allapattah Local Development Corporation which was set up to develop a shopping center in Allapattah. At this time with your indulgence, I would like to take you back in time. In early Summer of 1983 on Monday morning when I woke and read the Miami Herald, the first headline I saw that Elliott Holland had been endorsed by the City to develop the shopping center in Allapattah. From that point and time, until approximately six weeks ago, Mr. Holland took us down a blind trail. We dutifully followed with the encouragement of the City encouraging us to continue with this project. We lived up to every responsibility that we were asked to do and we ended up with nothing. I have a letter here dated June 29, 1984, a townhall meeting and I told the Allapattah LDC that SBA has told me certification would take place in ten days. Enclosed is a copy of that certification, signed Elliott Holland. That's information SBA requested from us has been forwarded to Sam Pierce. Sam Pierce in turn has forwarded the information on to SBA 501 certification status. Since Mr. Holland has been dismissed from this project with the cooperation of the City, the Allapattah Merchants Association and the LDC, we have had constructive meetings with two developers. We have taken the time out to meet with them privately with the association and then we met with them with the City. Both meetings were positive. As of yesterday we had a meeting with one developer at Mr. (unitelligible)... office. The attorney of record for the LDC. That meeting was very positive and we feel that since the ball is back into our court and we are actually pursuing and getting developers to talk to us that are interested rin developing this site, that we are now on the right road to go. You, the City gave us the go ahead for this shopping center. You supported us in this shopping center and we need your continued support. The continued support that we need at this time is financial. We cannot develop a shopping center, improve the Allapattah community and when I say the Allapattah community, I'm speaking as a businessman and a property owner in Allapattah as well as the residents in Allapattah. We have at the present time something liket if my figures are not mistaken, we have forty eight people from the Allapattah community who have invested into this proposed shopping center out of their incomes. We are on the way now to gaining the ninety thousand dollars from the private sector and gaining more members into this vehicle. gl 11 October go+ 1904 We are here today to ask you... we need... our objectives are to provide technical support to Allapattah Local Development Corporation in the development of the proposed Allapattah shopping center to be located on the Northwest corner of Northwest... in Allapattah. Goal #2 is to identify a specific major economic project aimed at developing and revitalizing the Allapattah business district. This is being done at the present time. A meeting has been held with the AMA and Mr. Pierce concerning the co-op of furniture venture and the office has met with Mr. Pierce on that and we have gotten some feed back from that and the office is working on getting it together. Mayor .Ferre: Mr. Packingham, in the interest of time, what is it you want us to do? Mr. Packingham: We are here asking you for fifty thousand dollars to support the Allapattah Local Development Corporation about the business of developing this shopping center. The Allapattah Development Corporation, it's board members are five and they are all business people and we have no staff. The Allapattah Merchants Association, which is the parent organization will utilize and be the supportive staff with the present staff, no increase staff, no increase in salaries, with the present staff to complete developing this project. Mayor Ferre: All right, Mr. Manager, is there any position that the staff and that the administration has? Mr. Gary: Yes, Mr. Mayor. I think it's important for the City Commission to know, first of all that, when this proposal came before the City Commission and it came by way of attorney Al Cardenas and a Mr. Holland, with the understanding that they could work with the local community based organization and they would provide all of the technical assistance to get this program through. To say the least this promise has not been fulfilled and and the process has faulted to some degree and we have not proceeded as we should have. I would also like for you to know that this City Commission passed pursuant to their request and their proposal three hundred thousand dollars from CD funds to provide our local match to a proposed UDAG and UMTA grant which has not come to fruition, even though promised by the sponsors of this most needed activity. I would suggest Mr. Mayor and members of the Commission, that they do need some assistance and we have scheduled for November 8th an item to deal with this matter and it specifically relates, Mr. Mayor, to providing some assistance to them along with some directions to them that deals with doing the shopping center only and for no other purpose, not for staff, not for their salaries, but for the end result of accomplishing the shopping center. We think they need some additional attention, but I also would like to say for the record, that this should not be needed, Mr. Mayor, to this extent if the CBO staff had the type of expertise which was envisioned when we thought about the CBO's. With some minor changes and when you need some speciality types of items such as someone who is familiar with real estate. So, our proposal Mr. Mayor is going to be... or our recommendation would be directed toward the technical expertise necessary for a shopping center, which may not exist in the CBO and I would suggest that you allow us to bring this back November 8th with our recommendations for their assistance. Mr. Dawkins: So, move. Mayor Ferre: All right, is there a second? Mr. Plummer: Second. gI 12 October 25, 064 r■ Mayor Ferree Further discussion, call the roll. The following motion was introduced Commissioner Dawkins, who moved its adoptien: MOTION NO. 84-1196 A MOTION ACCEPTING THE ADMINISTRATION'S RECOMMENDATION TO ASSIST THE LOCAL DEVELOPMENT CORPORATION IN THE DEVELOPMENT OF THE PROPOSED SHOPPING CENTER FOR ALLAPATTAH BY GRANTING SAID GROUP THE TECHNICAL EXPERTISE NECESSARY FOR THE DEVELOPMENT OF SAID PROJECT WHICH MAY NOT EXIST IN THE CBD; FURTHER DIRECTING THE CITY MANAGER TO BRING THIS ISSUE BACK BEFORE THE CITY COMMISSION AT THE MEETING OF NOVEMBER 8, 1984 WITH THE MANAGER'S RECOMMENDATIONS FOR THEIR ASSISTANCE. by Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez,, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. ----------------- --------- --------- ------------------------- 10. DIRECT CITY MANAGER TO ARRANGE FOR A REPRESENTATIVE OF METROPOLITAN DADE COUNTY, PUBLIC WORKS DEPARTMENT TO COME AND APPEAR BEFORE THE CITY COMMISSION TO ANSWER QUESTIONS IN CONNECTION OF CERTAIN TORN OP STREETS WHICH CONSTITUTE A PUBLIC HAZARD. ---------------- --------------- ---------------- ------------- Mr. Dawkins: I have two more Mr. Mayor. On 12th Avenue... I don't know how we can be about it. But the County has torn up 12th Avenue from 71st Street to Northwest 46th Street, which is in excess of forty blocks and near Allapattah Elementary School and Junior High School, they have holes :in the streets that are five feet deep and I would like -to know from the administration, what can we —' do... I talked with Mr. Eads, and he says that that's the County. The County is the one who tore up the roads and what have you, but I am tired of people running into those holes, knocking on my door 5 O'clock in the morning telling me that their car is in a hole on 12th Avenue and 50th Street. Now, I have the pictures here and anybody who is desirous of seeing them... This right here is in front of Hadley's Park. This is the entrance to Hadley's Park with this hole right here in the middle of it where kids go through everyday. So, I would like to know what to do to get... And why in the hell would they tear up forty-three blocks. -_ Mr. Carolia: There is no excuse for that. Especially, being there for over two months. 13 October 254 r_P_j 0 Mr. Gary: Commissioner Dawkins, we have had contact with Dade County since it's their project, informing then of the non-compliance with safety rules and also timeliness in the completion of the contract. Mr. Stierheim has said that he will follow up on this matter and I can assure that we would also let Mr. Stierheim know that we are seriously concerned about it again and still nothing has been done about it. Mr. Carollo: Yes, but the whole thing is what is going to happen is that the Commissioners complaints are going to go to a desk somewhere, if not a waste paper basket and this is still going to keep going on and on and on. I think we should take some stern action and make sure it gets resolved. Otherwise, they are not going to do anything. It will be another two months and the same thing will be going on. I would suggest that we put Dade County on notice, that if they insist on having a situation such as that, that we are holding them completely responsible for any liability that might arise because of their negligence and at the same time look at the possibility that they don't resolve this situation in a fair amount of time, of taking whatever legal actions we need to against them to resolve it. If this were to happen in Brickell Avenue or other areas of this City, I guarantee you within a few days it would be resolved. Mr. Gary: As you stated Commissioner Carollo, this is a Dade County matter and I think that the... I concur with you that there be appropriate action to let Dade County know that we will take legal action against them if this is not resolve immediately. Mr. Carollo: You want to make a motion to that Miller? Mr. Dawkins: Yes, I make a motion that we have somebody here from Dade County Public Works here to explain this to us at our next meeting. I make that motion. Mayor Ferre: Is there a second? Mr. Carollo: I second it. Mayor Ferre: Further discussion, call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 84-1197 A MOTION DIRECTING THE CITY MANAGER TO REQUEST SOMEONE FROM THE METROPOLITAN DADE COUNTY PUBLIC WORKS DEPARTMENT TO COME BEFORE THE CITY COMMISSION TO EXPLAIN AN ON -GOING STREET IMPROVEMENT PROJECT, WHICH HAS RESULTED IN THE TEARING UP OF N.W. 12TH AVENUE FROM N.W. 46TH STREET TO N.W. 71ST STREET, ESPECIALLY IN THE AREA NEAR THE ALLAPATTAH ELEMENTARY SCHOOL AND JUNIOR HIGH SCHOOL WHICH INVOLVES GREAT RISK FOR THE CHILDREN. Upon being seconded by Commissioner Carolln, the motion was passed and adopted by the following vote- gl 14 October 25, IVA - AYES: Commissioner Joe Carollo Commissioner Miller Jr Dawkins Commissioner J. L. Plummer, Jr. Vioe-Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ! ABSENT: None. rrrrrrrrrrr rr rrr---rr-rrrrrrrrrrrrrrrr.�rrrrrrrrrrrrrrrrrrrr- -� 11. EXTEND RECEIPT OF R.F.P.OS FOR THE DEVELOPMENT OF OVERTOWN PARK WEST. ---------- -------- Mr. Dawkins: The other items is that for some reason Mrs. Jackie Bell was told that she did not have to bid on the Overtown Park West Projects and she has just found out that she is going to bid. So, I would like to Mr. Gary, extend the cut off date for thirty more days to allow her to get in it. Is that possible? Ok. The R.F.P. for the development of Overtown Park West is suppose to end in thirty days. Ms. Bell said that she cannot get her application in in thirty days. So. I want to extend it by thirty days. Is that possible? Mayor Ferre: Mr. Bailey. Ms. Dougherty: No, one has so far submitted a bid? Mr. Dawkins: No. Ms. Dougherty: Yes, you can extend it. Mr. Dawkins: So, I move that we extend it. Mayor Ferre: All right,, I'm with you on that, but I just want to get on the record from Mr. Bailey, if I may Mr. Manager. Mr. Gary: I can respond. Mr. Mayor, first I would like to correct the record. New Washington Heights was aware that they had to prepare and R.F.P. As a matter of fact this City Commission appropriated seventy-five thousand dollars to. ..one of the things was to assist them in preparing the A.F.P. They have not finalized their R.F.P. They have already begun and they have a rough draft of that R.F.P. We have no problems with extend it, because the deadline has not occurred and we have not received any R.F.P's. Secondly, we think that it should be extended because there are some others who are on a tight time frame in terms of `{ meeting that deadline. So, therefore, thirty days will not only benefit her, but benefit other applicants to get their R.F,P,'s in and the more the better for us in terms of moving this project forward. So, we have no problem with the extension. E Mayor Ferre: The extension would then be from November 9th to the December... Mr. Garyt Yes. October 30th to November 30th. Mayor Ferre; I mean October 30th to November 30th. 5 Mr. Gary: Yes, October 30th to November 30th right. ;v 1 00oQr 25 Q r Mayor Ferre: Mr. Manager, through you to Mr. Bailey. Bailey, as I said in my opening statement on this that I will support Commissioner Dawkins on this request to Jackie Bell. I just want to make sure that this is not going to create any kind of damage situation with bona fide major corporation or developers that may drop out because of this. Mr. Herb Bailey: No, Mr. Mayor, we don't anticipate any difficulty. In fact, as the Manager said it will perhaps be a welcome relief to some developers because the requirements of the R.F.P. are quite stringent and some developers have gone and they begun to work overtime and it cost them additional money to prepare. I think they will receive this extension as a welcome relief. Mayor Ferre: All right, Mr. Dawkins moves. Is there a second? Mr. Carollo: Second. Mayor Ferre: Further discussion, on the extension of the opening of the Overtown bids for thirty days? Mr. Plummer: All other applicants will be notified of the extension. Mayor Ferre: Yes, let the record reflect that. Any further discussion. All right, call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 84-1198 A MOTION EXTENDING THE DEADLINE FOR RECEIPT OF RFP'S FOR THE DEVELOPMENT OF THE OVERTOWN/PARK WEST FROM OCTOBER 31, 1984 TO NOVEMBER 30, 1984; FURTHER REQUESTING THE CITY MANAGER TO INFORM ALL INTERESTED PARTIES OF THIS EXTENSION. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. ------------------ --------- ------------------ -------------- - 12. GRANT REQUEST MADE BY REPRESENTATIVES OF "PRESIDIO POLITICO BISTORICO CUBANO" FOR PLACEMENT OF A STATUE IN JOSE MARTI PARK. Mayor Ferre: All right, Carollo. Mr. Carollo: Mr. Mayer, I have one pocket item that I would like to bring up. Now, if I can ask Santiago biaZ to step up. (SPEAKS IN SPANISH). He represents the Presido Politio Historico Cubano, Inc. If we can get Cesar or somebody to translate for him, Mr. Mayor. Mayor Ferre: All right, Walter, can we get somebody to translate? Mr. Santiago Diaz: (SPEAKS IN SPANISH). Mr. Alvarez: The association former Cuban political prisoner, we appeared before the Commission on previous occasions. This petition was approved on one occasion, but do to final reason, we weren't able to do anything. Once again, we would like to request this and notify you that the plans have been submitted to the Parks Department. Mr. Carollo: Can you explain the petition to the Commission please? Mr. Santiago Diaz: (SPEAKS IN SPANISH). Mr. Alvarez: The former political prisoners are doing this to honor our martyrs and we already have a home honoring former political prisoners. We will underwrite all the expenses related to this project along with help from some of our friends. This is what we are requesting from the City Commission. Mr. Carollo: Mr. Mayor, they are requesting to be able to place the monument in Jose Marti Park, which we had agreed was an appropriate place for it. Unless there is any further questions from the members of the Commission I will present the motion again to approve this request. Mayor Ferre: Is there a second? Mr. Perez: Second. Mayor Ferre: Further discussion? Call the roll please. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 84-1199 A MOTION GRANTING A REQUEST MADE BY Mr. SANTIAGO DIAZ REPRESENTING "PRESIDIO POLITICO HISTORICO CUBANO" FOR PLACEMENT OF A MONUMENT IN JOSE MARTI PARK. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. g1 17 13. DRIBS' DISCUSSION AND TNMPORARY DEFERRAL OF COMMISSIONIR JOB CAROLLOtS BEOUBST REGARDING PLACEMENT OF "NOVARD V. QARYe ON THE AGENDA. Mayor Ferre: Mr. Carollo, do you have an other pocket items? Mr. Carollo: Well, Mr. Mayor, this is not pocket item and I don't want to bring it up now. I think we have quite a bit of other things to handle in the agenda right now, but last Friday, I sent a letter requesting of the Manager's Office, a letter which you received a copy, I'm sure Commissioner Perez received a copy before he left in the Manager Office, the Clerk's Office and other Commissioners that had left here already at the last meeting. Copies were placed under their doors and their offices. That was ample time to meet the five day rule for this Commission meeting and even though members of the press were inquiring about that on Monday, I didn't receive any kind of response from the Manager about it whatsoever. In fact it wasn't placed on the agenda and this is one of the first times that I can think of that a Commission in writing asked the Manager to place an item in the agenda on the Manager takes it upon himself not to place it on the agenda. Mayor Ferre: Well, Commissioner, let's go over the procedure on the record so we can have this clear. Friday, afternoon after the Commission meeting you came up to my office and told me that you wanted this item placed on the agenda. Mr. Carollo: That's correct, Mr. Mayor. Mayor Ferre: And I told you that the way to do that was to inform the Manager's Office through Mr. Alvarez and the other members of the Commission. You had that typed up and it was delivered to my office Friday, night and as I understand it from the person who did that it was delivered - to each member of the Commission even though obviously, at 8:30 since the Commission meeting was over at that time, everybody had left. So, it was Monday, was the first time that I'm sure everybody received it. From a technical legal point of view, I think you were correct. You have met the five day rule by so giving notice to everybody and I don't think there is any legal problems on that aspect. But that's my personal opinion on the issue. Furthermore, the Charter grants me certain powers on that issue which I don't think is necessary at this time to invoke. Mr. Gary: Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Gary: For the record, the agenda was printed Wednesday and it went out Friday morning. Also, and for the record the matter that Commissioner Caroller is talking about, I only became aware of it Monday and Manny my staff was not contacted and even if he had been contacted it would have been too late to put it on the agenda at 8 P.M. at night for the mere fact that the agenda went out Friday morning. Mayor Ferre: Is there an addendum to the agenda on this occasion? Supplement, I'm sorry. Mr. Gary: Yes, it went out also, Friday, before 8 P.M And I would also like to say that that memorandum which we never got a copy of, I only saw it from one of the Commissioner* was not addressed to me and I didn't see it until Monday. 81 18 October 25, 1984 ;R Y 3 ka F. N • 1# Mr. Carollo: Well, Mr. Mayor, to set the record as clear a8 1 possibly can, one of my staff members, not only gave either in person or under the door a copy of that memorandum that was addressed to you, not only to all the members of the Commission, but to the Clerk's Office and the Manager's Office. Now, if the Manager is stating that may be somebody that he alleges broke into his office again, may be they came back and took that paper away or may be one of the little mice that hangs around City Hall ate it up. Well, that's always a possibility, but I think the Manager admitted that another member of the Commission did in fact give him a copy of that on Monday. So, he was still placed on notice. Furthermore, it has always been the policy of this Commission and Mr. Gary's administration, that as long as there are items that need to be placed on the agenda, there will be additional supplementary materials given to the members of the Commission that will specify that. Mayor Ferre: Mr. Carollo, the Chair rules since we got to the issue, that the you are entitled and that you followed the procedure and that furthermore, if necessary, the Charter grants me powers to place that on the agenda and so I rule that it is properly on the agenda whenever you feel that it's appropriate to take it up. Mr. Carollo: Thank you, Mr. Mayor. We will take it up in the afternoon, so we can move ahead for all the people that are here on other items. 14. INSTRUCT CITY ATTORNEY TO DRAFT LEGISLATION CALLING FOR A REFERENDUM AT NEXT LOCAL REGULAR ELECTION PROVIDING FOR NO INCREASE IN THE MILLAGE RATE OF AD VALOREM TAXES (AS WELL AS AN ALTERNATIVE) FOR NEXT FISCAL YEAR. -----------r----r- ---r---------- --------------- Mayor Ferre: A resolution instructing the City Attorney... Is this yours Commissioner Perez? Mr. Perez: Yes. That's what I want to introduce. As you know, Mr. Mayor, the annual tax increase to the property owner of the the City of Miami is something that concern too, much to all the residents of this area and by that reason I would like to introduce a resolution today instructing the City Attorney to draft legislation calling for a referendum at the next regular local election providing for no increase in the millage rate for ad valorem tax in the next fiscal year following the referendum on such question. In other words, what I want is that the people of Miami have the opportunity to decide in a referendum the next budget of the City of Miami in the next..* for alternative year, in the next local election. That's what I want to move as a resolution. Mayor Ferre: Commissioner, I will recognize you to awake that motion. I would vote with the motion if you also give the people of Miami the alternative. In other words, you have to have an alternative. In other words, just to put a motion that there will be no increases, then I think you have to also have one that will have an increase. Mr. Perez: I accept that. Mayor Ferro: So, that people will have the choice of one or the other and that's something that we can discuss in the future. gi 19 October 25. 1984 4 Ms. Dougherty: Commissioner Perez, I thought when we discussed it, that you really wanted this to be a straw Vote at that next election. Is that still your thinking? Mr. Perez: Yes, but at this time we are talking about the possibility of drafting a legislation. Ms. Dougherty: Yes. Mr. Perez: Only to instruct the City Attorney on that direction. Ms. Dougherty: Yes, right. Mr. Perez: And after we will discuss the whole issue. Ms. Dougherty: Ok. F Mayor Ferre: All right, Commissioner Perez moves, is there a second? Mr. Carollo: Second. Mayor Ferre: Further discussion, call the roll. The following motion was introduced by Commissioner Perez, who moved its adoption: MOTION NO. 84-1200 j A MOTION INSTRUCTING THE CITY ATTORNEY TO DRAFT APPROPRIATE LEGISLATION CALLING i - — FOR A REFERENDUM AT THE NEXT LOCAL —_ REGULAR ELECTION PROVIDING FOR NO INCREASE IN THE MILLAGE RATE OF AD VALOREM TAXES IN THE NEXT FISCAL YEAR FOLLOWING THE REFERENDUM ON SAID QUESTION; FURTHER INSTRUCTING THE CITY ATTORNEY THAT IN THE DRAFTING OF SAID LEGISLATION TO PROVIDE FOR AN ALTERNATIVE REFERENDUM MEASURE IN SAID LEGISLATION. Upon being seconded by Commissinner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo ' Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vioe-Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. wwwwwwwwww�w—w—www�wr�w�rw�w�r—�w—w—�w—w�www—w�wwwwwwwwww�ww..w ,i-z 15. DIRECT CITY MANAGER TO ALLOCATE $500.00 AS PRIZE MOORY FOR TBE '"MIAMI MEETING MASTERS INVITATIONAL tiOLP' TOURNAMENT BRING HELD IN MIAMI. �.w�w�w�r�w..�wl�lA�ww�w�w.bww.11��ww������.�w1111�wwwww�w.11l��r��w1P�►1AQ.�r�� ^! - Mr. Plummer: Mr. Mayor, there is a meeting here of the meeting masters, the people who help anake -seleationg -of , where conventions go and don't go and they are meets: he b El 20 October 259 ti Y n s .s idi A calf tournament It is redueated in Miami and are ho_ hg g . that the City for these people put up five hundred dollars for the purpose of a prize for that golf tournament. Mr. Mayor, I believe that is money well spent6 it will be getting nation wide publicity and I would like to move Mr. Mayor,that--`it has been through the Manager's Office --with his concurrence that this five hundred dollars be allocated for the meeting of the Miami Meeting Masters Invitational. Mayor Ferre: Is there a second? Mr. Perez: Second. Mayor Ferre: Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 84-1201 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $500 AS PRIZE MONEY FOR THE MIAMI MEETING MASTERS INVITATIONAL GOLF TOURNAMENT BEING HELD IN MIAMI Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. ---------------------------------------- -------------------- 16. RESOLUTION OPPOSING ISSUANCE OF INDUSTRIAL DEVELOPMENT BONDS BY METROPOLITAN DADE COUNTY TO RELOCATE ESTABLISHED MIAMI BUSINESSES OUT OF THE CITY AND INTO UNINCORPORATED DADE, ETC. ------------------------------------------------------------ Mayor Ferre: I have a resolution that Lucia just passed me and it deals with IDB Industrial Development Bonds and Industrial Revenue Bonds. Ladies and gentlemen and members of the Commission, in the past months I have sent you several memorandums dealing with Cooper Lybrand and their move out of the City, out of Downtown Miami to the unincorporated area. We now have another one coming up and I understand there are two more right behind it. This one is a 9.8 million dollar bond issue where Metropolitan Dade is going to issue tax free bonds so that J. I. Kialak can take two hundred forty employees out of Miami into the Miami Lakes area of unincorporated Miami. This is the second time this is occurring. There are two more that are waiting in line and what's going to happen if this continues, is that the County, Metropolitan Dade County is inducing private sector employers to move out of Miami and I think that it,ia not only disastrous. It sets a bad pattern. I have been screaming about this for a month, Now, we need to do two things. First of all to instruct the administration and the gl 21 October 25, e City Attorney to appear before the Industrial Board Chaired by Mr. Barreto of the FBC to protest and them that they stand firm on a policy that they will no longer issue tax free bonds to induce people to abandon Miami. Secondly, that we instruct the Manager and the City Attorney to work with our... through our lobbyist in Tallahassee and with the leadership of the Dade Delegation to draft a legal document so as to prohibit the use of tax bonds by one governmental jurisdiction in Florida to raid an existing business and move it from one jurisdiction to another without the creation any new jobs. This a policy that exist in most modern and progressives States including, New York, California and New Jersey, Connecticut, Illinois, Ohio, Michigan and many others, Massachusetts, where the state prohibits a city or a jurisdiction from raiding another city with industrial development bonds so as to move them out of one jurisdiction to another without the creation of any new jobs. I might point out that this is exactly one of the reasons why Congressman Pickle a very important member of congress and a very powerful member who is so incensed at the abuse of industrial revenue bonds. The reason why it was not put into federal legislation and I asked Senator Pepper why, was because Congress feels that that is a local jurisdictional matter and should be adopted by the State. In other words, it is just wrong for Fort Lauderdale or Orlando to come to Dade County and take employers out of Dade County and move them to Orlando or Fort Lauderdale using tax free bonds and the basis to induce people. Now, they can induce them if they want to on their own, but certainly not using the federal advantage of issuing industrial revenue or industrial development bonds to do so. I think it is unconscionable that Metropolitan Dade County is permitting something like this to happen. I have talked to Merritt Stierheim about it and he agrees with the philosophy and he didn't know it was going on. He says he will immediately look into it. I have discussed it with Mr. John Hale who is the executive and his answer to me was, well there is no clear policy and until we are told by someone that we can't do that, if somebody applies for industrial revenue bonds, we are going to give it to them. So, we need to get the policy straight at the Metro level. We also need to get State legislation to stop these things from continuing. If we don't do this. We have already lost over two hundred employees that are going to the Downtown area for Coopers and Lybrand. We now are having two million square feet of office space opening up in the Downtown area. So, there is going to be plenty of space available. In addition, now with two hundred forty people with J.I. Kislak, not one new job created are moving out of town. If this continues, we are going to have a drain of people who are employed. Now, where Metro is concerned and should be concerned. They now have something called "Metrorail". Metrorail has these tremendous deficits. If Metrorail is going to succeed it has to have people riding and if we are going to abandon Downtown Miami and Brickell Avenue and people working, then who in the world is going to ride Metrorail and therefore, we the citizens and the people of Miami and Metropolitan Dade County are going to end up paying larger and larger deficits as Metrorail doesn't succeed. So, it seems to me it is not only in the best interest of Miami. It's also in the best interest of Metropolitan Dade County to stop this hemorrhaging and to stop the inducement of people to leave Miami as employers. And I would move this resolution as amended Lucia, to include the legislative portion of it. Mr. Dawkins: Under discussion Mr. Mayor. I couldn't with you more and it irritates me that whenever the wants something from us we are their best buddies. they get ready to put low rent housing, they throw it gl agree County When in the 22 October 25t 19814 City of Miami and we don't fight it, because nobody wants it in the outer areas. So, therefore, when they put the low rent housing in the City of Miami, they destroy our tak base. Then they Come back with the coalition. As long as they want us to cooperate with the Tourist Coalition we are their best buddies and we can't do it without you, so good for the City of Miami. Then you come up... they want to put five new berths and a office building in the Port. So, nhw they want us to give in again, the City of Miami, we give in to the big brother, but they don't give a damn about us. Then ynu come up again and the Metrorail, if the City of Miami does not vote for the rail, it doesn't pass and right now it goes every place, but in the area where it's needed and that's from Culmer to Martin Luther King and I don't plan to ride it until I can get off of it at Martin Luther King. When they have completed to that, then I will get off of it. But yet again, they are going to pass another bond issue at our expense and yet every time we look Mr. Mayor, Dade County is destroying the City of Miami's tax base and eventually there will be nothing for us to support the City of Miami with and therefore, annexation and you will have no City of Miami. So, I am in favor of going to the County Commission and letting them know, I as a taxpayer and a Commissioner am tired of sitting back and watching the Dade County Commission destroy the City of Miami. Mayor Ferre: You want to make a motion? Mr. Dawkins: I make a motion that I go be for the County Commission as a member of this Commission and letting them know that we feel that we are being treated as a stepchild and we are tired of it. Mayor Ferre: Well, I would like to make it more specific. I would like to say that we object to the issuance of industrial development bonds by Metropolitan Dade County to relocate established businesses in the City of Miami to relocate them out side the City without creating any new jobs and we specifically bring to their attention the new case of J. I. Kislak Mortgage Corporation that is being lured out of the Downtown Brickell Avenue area to unincorporated Dade County ask that the City Attorney and Manager and/or other representatives appear before the bond validation proceedings regarding the issuance of such bonds in opposition to said issuance, that we appear before Metropolitan Dade County to ask them to establish a policy to resist and desist from doing this and that we instruct our lobbyist in Tallahassee to prepare legislation for introduction by the Dade Delegation and work with the Dade Delegation in this specific area. Is there a second? Mr. Dawkins: Second. Mayor Ferre: Plummer seconds. All right, now under discussion, I might say that I mention this to Senator Jack Gordon and Representative Ron Silver and they were very upset. Specifically, Jack Gordon was incensed. He said that we should protest this immediately. That we should bring it to the Governor's attention. That we should bring it to the attention... And furthermore, he says that the City of Miami should take very strong positions against corporations that are moving out of Miami like J. I. Kislak and Coopers and Lybrand in anyway that we can. If they don't believe enough in Miami, then why should we believe in them. And I will tell you, J. I. Kislak is a friend of wine and Coopers Lybrand are my own personal attorneys and Jack Cooney is a personal friend of mine, but I have no choice but to make these statements. gl 23 October 259 1984 1' Mr. Dawkins Mr. Mayor, I said it before, and I'm going to say it again, the MAP Program is a farce. if the MAP Program was concerned, then Dade County would not be worried about Kislak and Coopers and Lybrand, you would be worried about the many unemployed that I got in Liberty City, Overtown and Coconut Grove. See the MAP Program doesn't mean a thing. And I keep saying it, but nobody is listening to me. See the problems that we need to be addressing, high unemployment, no schooling, poor health care services, nobody is concerned about it, but Kislak is moving out and Coopers and Lybrand... and I don't mean us, but see the County comes in and takes this out, but they don't put no jobs as you said back in the place. So, it's a joke. Mayor Ferre: Those are five hundred jobs that we are losing. Those are five hundred jobs that are being raided and taken out of the City of Miami and they have a right to do that. I mean, Coopers and Lybrand and Kislak and the other people that are in line behind them have a right to move any where they want. This is a free Country. What I think is wrong is that Metropolitan County is giving them tax free bonds to induce them to do that, that's what's wrong. Mr. Dawkins: And coming with a MAP Program that's a joke, saying that we are going to help you. Mayor Ferre: Are we ready to vote? Mr. Plummer: Mr. Mayor, I just want to ask a question. Mr. Gary to you and to the Mayor, has the City of Miami been invited to join the Dade Economic Development Strategy Planning Project? Mayor Ferre: I was invited to attend what in effect, was press conference in August. On August 22nd, because I took a plane for Vermont right after that. I was invited out to the Radisson Plaza, West of the Airport for what was a press release. It's the first time I ever heard of it and it's the last time I ever heard of it other than what was published in the papers. I understand that the County is putting in now seventy-five thousand dollars. They up it from sixty to seventy-five and it is the first time that Metropolitan Dade County had taken on this major responsibility of planning our economic development future. It is unbelievable that we are into 1984 and this is the first time that's ever happened. From what I know of it, it's a great idea and I'm fully supportive. I don't know who in the City of Miami is involved. Do you. - Mr. Plummer: My concern is that there is no one. Mayor Ferre: I'm not on the Committee, so I don't know. Mr. Plummer: Well, Mr. Mayor, in this article in the paper, it is said that they are the great weakness of this community is the lack of economic development effort and that is one of the weaknesses and of course, the County has never been involved and I just wondering since we put up part of the County money, why someone of this City is not being involved, because if not I can see what you are saying• that this Committee is going to recommend the issuance of more of these bonds which are going to take more of the people out of the City. Mayor Ferre: You see, instead of going out and looking for industry and creating jobs, what they are doing is they.'Are using industrial revenue bonds to raid existing offices and businesses to take them out of the City of Miami and tgke them some where else and I think it's just the most Bl 24 October 259 1954 unbelievable thing. Instead of creating new jobs, what they are doing is they are raiding existing job sources and moving them out of the City, which is unbelievable. All right, are we ready to vote on this? Mr. Plummer: Yes. Mayor Ferre: Ok. Call the roll please. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 84-1202 A RESOLUTION OPPOSING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT BONDS BY METROPOLITAN DADE COUNTY TO RELOCATE J. I. KISLAK MORTGAGE CORPORATION OR AN OTHER ESTABLISHED MIAMI BUSINESS FROM THE CITY OF MIAMI TO UNINCORPORATED DADE COUNTY, AND AUTHORIZING THE CITY ATTORNEY TO APPEAR AT THE BOND VALIDATION PROCEEDING REGARDING THE ISSUANCE OF SUCH BONDS IN OPPOSITION TO SAID ISSUANCE; AUTHORIZING AND DIRECTING THE CITY ATTORNEY AND CITY MANAGER TO OPPOSE THE ISSUANCE OF THESE AND OTHER LIKE BINDS BEFORE THE DADE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY; AND DIRECTING THE CITY ATTORNEY AND CITY MANAGER TO SEEK ENACTMENT OF STATE LEGISLATION PROHIBITING DADE COUNTY OR ANY OTHER FLORIDA GOVERNMENTAL AGENCY FROM ISSUING INDUSTRIAL DEVELOPMENT BONDS WHICH WILL RELOCATE ESTABLISHED MIAMI BUSINESSES TO UNINCORPORATED DADE COUNTY. (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. ------------------------------------------------------------ 17. BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF AGENDA ITEM 90. 10-REQUEST FROM INTERESTED CITIZEN TO HAVE ITEM COME UP AFTER 6:00 P.M. ww---wwwwwwww�www--www—w wwwwwwwwwwwwww wwwww—wwrwww.�wwwi..w�..���ls. Mayor Ferre: All right, now, we are into the regular agenda. I do have a letter here and a petition from Nora Schaeffer on Item #10. Who is here on Item #10 and Please raise your hand? One person. Item #10. How many people are here on Item #10? Eight. All right, Mrs. Schaeffer has requested "I'm here to ask that Agenda Item #10 be set for a time certain at 6 P. M. today. She evidently has twenty neighbors in the Morningside neighborhood who would like to be present and I will read the letter. "Dear Mayor Ferre: It has come to my attention that the above referenced matter is scheduled on the City Commission from 10.15 on November 25, 1984, and is the tenth item on the agenda. Mrs Nora Schaeffer representing the Morningside Civic Association and a number of individuals who are not able to attend the 10:15 meeting will be present and will be requesting that the item be postponed to a time certain, preferably at 6 P.M. As Chairman of the Historic Designation Committee, I was asked by those who wish to speak at 6 P.M. to write and advise you in advance so Mrs. Schaeffer will make this request. We have contacted the individuals who have voiced opposition to the proposal so that they will be on notice that the time of the hearing might be changed. Your cooperation in this matter will be greatly appreciated". Copies to Howard Gary, Mrs Nora Schaeffer, Mr. Robert Bergelin Morningside Civic Association and Mrs. Joyce Meyers and to the Commission through me. Now, is there anybody here who objects to the petition of the Morningside neighborhood, that this item be heard at 6. You object. All right, sir, are you the only objector? (BACKGROUND COMMENT INAUDIBLE). Mayor Ferre: You are entitled to speak and I have no problems. Mrs. Schaeffer, I apologize to you. The Commission may not act on this until 6 o'clock, but I cannot deny these people who have come here this morning the right to speak. And I cannot assure you that it will not be voted upon this morning. They have a right. It was advertised and the Morningside neighborhood also has the right. I for one, will try to hold the vote until 6, but I can't assure you that that will happen. These people have been here since 10:15 O'clock this morning and they have got a right to speak. Ok. Is there anybody else who has a time constraint problem. Yes, Ma'am. Ms. Joanne Holzhauser: I'm just wondering what this does if and when we start discussing Commodore Bay this afternoon. Mayor Ferre: About what? Ms. Holzhauser: What this time certain at 6 P.M. will do for all the people who are coming down to that same school to discuss Commodore Bay. Mayor Ferre: Ms. Holzhauser, all I can tell you is that we will move as expeditiously as we can. I can't guarantee anybody any time because we can't do that. Ms. Holzhauser: Well, if you are discussing Commodore Bay are you going to interrupt it at 6 to discuss this? Mayor Ferre: No, Ma'am, I am not. Ms. Holzhauser: Thank you very much. Mayor Ferre: It will follow the sequence as it comes up on the agenda. Mrs. Nora Schaeffer: Mr. Mayor, may I please speak. I'm Mrs. Schaeffer. I live at 598 Northeast 56th Street in Morningside. I don't believe Mr. Mayor, that we were asking for a specific time more than we were asking for something that was after work. gl 26 October 25. 1984 0 0• Mayor Ferre: Yes, Ma'am. I understand Mrs. Schaeffer, but this gentleman and the people that are here, also have a right to be heard at this time. I mean, when Item 10 Cones up. All right, without then further ado we are on item on the regular agenda. rirr—..—..�--wr�rrrrr.r+`�i�..a.+ark.rrrr.rrwrrrrrrrrrwa.rwr—rrrrra.�r—..r- 18. SECOND RRADING ORDINANCE: AND ZONING ATLAS AS REQUESTED BY JOSEPH A MADELINE REBILL LAFERRIRR89 AT APPROXIMATELY 6450-90 w. FLAGLBR FROM RG-3/5 TO CR-2/7. r-----------r—r—rr------- -------------rrr--------w--r----r-- Mayor Ferre: And we are now on Item #E19 which is an ordinance on second reading, for Joseph & Madeline Rehill Laferriere. Are there any objectors to Item #E1? All right, we will hear from the department. Mr. Whipple: Mr. Mayor, I believe have discussed this thoroughly and to make a long story short, I suggest this is a flagrant request for spot zoning. I believe that if the City Commission were to go positive to this request, that it is a suggestion that all areas that are zoned residential on major arterials should be zoned commercial and I would suggest that if that is the case and the posture of the Commission, then perhaps this ought to be delayed and the administration or the department directed to go in that direction. Mayor Ferre: Is there a representative here of the petitioner? Is the petitioner here? Is there anybody here on Item #E1? You are the petitioner? All right, let me say to you that I agree with the basic premise that.. and we have an increasing amount of petitions of people wanting to put shops and I... Is Sergio here? Is Sergio Rodriguez here? Mr. Whipple: Yes, sir. Mayor Ferre: Mr. Rodriguez and to you, Walter Pierce, as you know we are getting an increasing number of petitions to especially, in the Little Havana area--- for commercial zoning along major arterial, avenues and streets. Flagler Street certainly is one of them. The other day there was one that came up on 22nd Avenue that I think I referred to you. It just seems to be happening all the time. I think we seriously need to consider the idea of going to joint commercial/residential where along major arterial streets such as Flagler, we have the ability for people to put shops in the ground floor and residential on the top floor. And I think that that's something that we have to address city wide. Mr. Pierce: Mr. Mayor, if you recall, I believe it was a Commission meeting in September, we discussed this and the Planning Department is beginning a study now to look at that on a city wide basis. We will be coming back to the Commission. That's going to be about a four to six months process to do it on a city wide... Mayor Ferre: Four to six months. Mr. Pierce: Do it on a city wide basis. Mayor Ferre: I because I think that's just one case. g1 would support the administration on this it's such an important thing, but of course, person here and we need to listen to this 27 October 259 0 W Mr. Plummer: Mr. Mayor# � couldn't agree with you mare and I think the reason that a lot of this is being generated and this item that we have this afternoon on 22nd Avenue and 16th Street is not of our own Making. They went and they widened that road. We had no input. They have got it up to forty miles an hour and you know, I guess the question has to be asked, who would want to live on a freeway and do you want to still maintain residential... 22nd Avenue is a speedway if I ever saw one and yet we are now with an application before us to consider a commercial use on 16th Street. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: I understand, but the same thing is prevailing, Dick, that do you feel the necessity that on these main thoroughfares where there are thirty-five and forty miles an hour, how do you substantiate that those should remain as residential streets? Is my question. And you that's... I just... I won't live on 22nd Avenue. The traffic goes down that street unbelievable, especially, Coral Way to almost 8th Street, because there is only one light in the middle. You already have, which I assume are grandfather, you have a fill in station and little grocery store there on the corner of 16th Street. You have got a little grocery store over between what I would say is about 14th Street and every damn day there is a truck parked in front of there when I go by reducing it to one lane, but yet it's still forty miles an hour. The question I think that the Mayor raises is a very good question. Do we want to maintain residential character in this kind of a situation? I say the question has to be raised. Mr. Rodriguez: Now, you indicated to us that we should come back with a study of how we could allow certain convenience commercial development in relation to residential areas and we are doing that and if we can bring it before the four month period or six month period we will do it. This is something different though. This is allowing a commercial development in the middle of a residential area that is there now. And we will come back with the recommendation on the other matter as soon as we can. Mr. Plummer: Sergio, my point is simple, Southwest 22nd Avenue is no longer the little residential street that it was when I was growing up in Shenandoah are. It is a freeway today. Now, anybody that says that it's not... (BACKGROUND COMMENT IS INAUDIBLE) Mr. Plummer: Ma'am, I should not speak to a particular item. I should speak to all the main thoroughfares. The problem that I'm bring up it's forty miles an hour. To me forty miles an hour does not characterize residential neighborhood. That's the only point I'm bringing. Mayor Ferre: All right, let's hear from the petitioner. Mr. Raul Perulleno: Mayor and Commissioners, first of all I want to thank the Commission... Mayor Ferre: We need your name and address for the record. Mr. Perulleno: The name is Raul Perulleno. I'm with the law firm of Jose and Associations and we represent the petitioner. First of all like I said, I want to thank the Commission for their patience. For the last six months we have appeared before you trying to work the problems that we gl 28 pctgber have with this particular project. Now, for six months we ` have worked with the Commission with the Planning and Zoning Hoard, with members of the Public Works Department and we have complied with all the requisites that they have put before us. We have gone before the citizens of the area.' We have met with them. We have calmed their worries. We have obtained over fifty signatures of citizens in the area requesting that such a project be put in that area. Now, all we are asking you today is to approve this project as part of a growing Miami, as part of a growing business ; strip, an area where both residential and business can and must co -exist. We are not asking for as it was put before as spot zoning or anything like that. We are just asking to extend one block East the commercial area which right now exist on the area. And that's all we have to say Your Honor. Mayor Ferre: All right, thank you very much Perullenn. Mr. Whipple: Mr. Mayor, just as a matter of the record. The City Commission did refer this back to the Zoning Board to 12 O'clock, if you will remember. Mayor Ferre: Yes, sir. Mr. Whipple: The Zoning Board did hear it Monday night and again, recommended denial of the item on a five to three vote. Mr. Perulleno: Excuse me. Mayor Ferre: Yes, sir. Mr. Perulleno: Your Honor, if I can correct that. The vote was four to four. Mayor Ferre: Four to four. Mr. Perulleno: It was a split decision which seems to me that indicates that the Planning Board of this City agrees that there is need for a change in the area. Mayor Ferre: I agree with the idea that there is need for change. The question is how? Mr. Perez-Lugones: Mr Mayor, just to clarify the record. The Zoning Board did indeed had a tie vote the first time around. The second time around it was denied five to three. Mayor Ferre: Five to three? Mr. Perez-Lugones: Yes, sir. Mayor Ferre: Well, I... I will tell you, my position is in support of both the department and the Zoning Board on this five to three vote. However,... Mr. Plummer: They are at odds. Mayor Ferre: Huh? Mr. Plummer: The Zoning Board and the Department are at odds. Mayor Ferre: No, they are together. They both recommended denial. Mr. Plummer: Oh. Mr. Pierce: Five to three vote. gl 29 October 25-, 1984 Mayor Ferre: Five to three vote was for denial. So, what I'm saying is I support the Zoning Board and the Department. However# that I think that the property of this property and other are correct and that my way of solving this is by asking the department to come up with property zoning that will grant the ability on major arterial streets for commercial to be placed along with residential, but I don't think we are there yet. I think that's going to require. It has to be a properly thought out... Now, I would hope# Walter, that it wouldn't take six months. I you could come back in four months. Mr. Pierce: We will do it as fast as we can. At least four months, Mr. Mayor. Mayor Ferre: That's just one will of this Commission. Person' s opinion What's the Ok, what the will of this Commission?? Comment? You have ve no questions and have no comments. So I will accept the motion. Well, we got to do something. ' Mr. Perez: I think Mr. Mayor, that this issue was very controversial in the last Zoning Board meeting and I think that they have a divided vote and they have, and according to what I have understood, they have the action of one or two members of that board. But as I explained in previous meetings, election time when I have opportunity to tour this area, I recognized that it needed some kind of improve and some kind of change and I think that this request is reasonable and would be healthy for this neighborhood and don't change what is the total character of the area and by that reason I move to be approved the request. Mayor Ferre: All right, is there a second? Mr. Carollo: Second, Mr. Mayor. Mayor Ferre: All right, further discussion. Mr. Plummer: Mr. Mayor, under discussion. I will be voting against the issue. I think it's premature. I do think change will eventually come about. It's got to come about, but at this time to do it on a piece meal basis, I think is premature. Mayor Ferre: All right, further discussion, read the ordinance. Call the roll. 720 ON ROLLL CALL: Mayor Ferre: I vote "no" for reason previously stated. This matter -passes three to two. Let it be understood that my negative vote has nothing to do with the individuals of the project. It has to do with the idea that we need to approach this in a general community wide basis and not with spot zoning of this sort. 30 October 25, 1904 ry AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 6450-90 WEST FLAGLER STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG- 3/5 GENERAL RESIDENTIAL TO CR-2/7 COMMERCIAL RESIDENTIAL (COMMUNITY), BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 30 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 39 SECTION 3009 THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of September 20, 1984, was taken up for its second and final reading by title and adoption. On motion of Commissioner Perez, 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 Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor Demetrio Perez, Jr. NOES: Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre 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. 19. SECOND READING ORDINANCE: ------------------------------------------------------------ Mayor Ferre: All right, we are on Item #2. Mr. Whipple: Mr. Mayor, on Item #2, this is second reading item pursuant to the City Commission's suggestion. There has been a covenant proffered. Reviewed by the Law Department, reviewed by the Planning Department and although we do not concur with the covenant procedure, we feel it _ does contain those items which the City Commission which to be reassured. The Planning Department still recommends denial of this requested change of zoning. Mayor Ferre: What was the vote of the zoning board? What was the count? Mr. Whipple: It was a four to three vote for approval, sir. Mayor Ferre: It was a four to three vote? Mr. Whipple: Yes, sir. g1 31 October 25, 1984 n 3. 9 Mayor Ferret All right, petitioner. Mr. Al Cardenas: Think you Mr. Mayor. My name is Al Cardenas6 tim an attorney in the City of Miami representing the applicants in this project. The last time we were here on first reading, if you might recall, there was a substantial presentation made at that time. We had appeared before you subsequent to a deferral of the item wherein Commissioner Plummer had expressed certain reservations. Pursuant to those reservations and pursuant to further conversations with staff, our clients proffered voluntarily a declaration of restrictive covenants which has now been tendered to the City of Miami. If you will recall, the matter was voted upon at that time and the Commission voted unanimously with Commissioner Plummer absent to approve the zoning change. If you will recall, just to re-establish the precedent, that vote was based our request based on the following; that the property stands as an island, that the development in the next by area based on the pictures that we showed you demonstrates heavy commercial usage and that we are bounded by commercial or office use to the North, to the East, to the West and to the Northwest and there was a ninety-five foot buffer zone, including major streets and intermediary strips between it and the residential neighborhood which was more than ample buffer and at that time you voted unanimously in favor of it. We, of course, that you do the same again. Mayor Ferret Ok. Mr. Whipple: Just one correction, Mr. Mayor, in that the property is not surrounded by commercial on the North side. Mr. Cardenas: No, I said commercial or office. Mr. Whipple: There is a non -conforming use in that area, but basically, the majority of that area to the North is residential usage. Mayor Ferre: All right, question or comments. What's the will of this Commission? Mr. Carollo: Mr. Mayor, I made the motion to approve this project last time and I will make the motion again. Mayor Ferret Is there a second to the motion? Mr. Perez: I second last time and I second again. Mayor Ferret Further discussion? Are you ready to vote? Read the ordinance. AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 95009 THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 2737 NORTHWEST 17TH STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RO- 3/6 RESIDENTIAL OFFICE TO CR-3/7 COMMERCIAL RESIDENTIAL (GENERAL) BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 26 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 39 SECTION 3009 THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. gl 32 October 25, 1984 --— Passed on its first reading by title at the meeting of September 20, 1984, was taken up for its second and final reading by title and adoption. On motion of Commissioner Care)lio, seconded by Commissioner Peret, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES., Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public DURING ROLL CALL: Mayor Ferre: I vote in the affirmative and I want to explain my vote on the record. Unlike the previous matter, item number one, this does through the recommendation of the Zoning Board. It also is an island, which I think has very special characteristics. Nextly, it is immediately adjacent to CR-3/7, which is the petition to the new ordinance, so I disagree on the premise that this is spot zoning. I vote yes. ------------------------------------------------------------ 20. DEFER CONSIDERATION OF PROPOSED SECOND READING ORDINANCE REGARDING REQUESTED ATLAS CHANGE BY APPLYING SEC. 1610/HC-1 GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE •LYRIC THEATER•. ------------------------------------------------------------ Mayor Ferre: How about item 5 on second reading, item 5, United House of Prayer, Bishop McCollough and Elder Sutton, Pastor. At the previous Commission meeting it was moved by Carollo, seconded by Dawkins. It was a 4-0 vote. Mr. Carollo: Which item is that, Mr. Mayor? Mayor Ferret, Item 5. Mr. Carollo: Item 5, that is correct. Mayor Ferre: It was recommended. Is the Administration ready to give us its recommendation? Ms. Joyce Meyers: The Administration's recommendation is for approval on this item, Mayor Ferre. _ Mayor Ferre: Did the Zoning Board, or what board... did the Planning Board...? Me. Meyers; The Planning Advisory Board and the Heritage Conservation Board recommended approval. Mayor Ferro: Was it unanimous? Bl Mr. Plummer: We have a letter on record? Ms. Meyers: No, sir, we do not. This was attorney's Marshall Harris' client. You had a letter from him at the past meeting informing all of us that they couldn't get a response one way or the other from the property owner. Mr. Plummer: I move that it be deferred. Mayor Ferre: There is a motion on item 5 that it be deferred until there is a letter of recommendation. Ms. Meyers: This item has five days remaining. Mr. Plummer: Fine, that's not my problem. Mayor Ferre: That's the way it is. Is there a second? Mr. Dawkins: What item 3? Mayor Ferre: Five, Dawkins seconds. Further discussion, that this item be deferred? Mr. Dawkins: You know, this is about the sixth time we've deferred this. Mr. Plummer: No letter of approval. Mr. Dawkins: Well, then, just deny it. Mayor Ferre: Further discussion? Call the roll. ®_ THEREUPON MOTION DULY MADE AND SECONDED, AGENDA ITEM 5, A ZONING ATLAS AMENDMENT TO APPLY THE GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE LYRIC THEATER, WAS DEFERRED BY THE FOLLOWING VOTE: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. _ Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. ------------------ -------- 21. CONTINUE CONSIDERATION OF PROPOSED FIRST READING ORDINANCE FOR CHANGE OF ZONING AT 2210-30-40 S.Y. 16TH ST. AND 1600-02 S.Y. 22 AVE. FROM RS-2/2 TO CR-1/7. rwwwwrrrwwrrrwwrrwrwwwwrwrw wwwrwwwwrwwrrwrrrrwrrwrr-rrrr-ram- Mayor Ferre: Mr. Villalobos, are you ready on item 6? All right, take up item 6. The Planning Department recommended denial. The Zoning Board recommended denial 8-0. Go ahead, it's first reading. Mr. Richard Whipple: Mr. Mayor, members of the Commission, the Planning Department does recommend denial of this item. We consider it in a similar fashion as we did item number, 1 In that it is a spot zoning. It is sgaindt` the comprehensive plan. It is against every sound planning and r zoning principle that you might consider. Notwithstanding the earlier comments, it's interesting in that the City for 4 81 34 October Of 1984 �a ,Y 4 .. S I; L Jk. n a number of years and it's been easy for all of us, Commission, board, and staff to point to those in the past and say well, those in the past put us in this situation of strip commercial. We've got to do something about it. It can't exist. It is wrong. It is detrimental. Yet here today, this being the second item, we have the suggestion that fine, let's go ahead and we'll rezone this all knowing full well that this is also going to result in the same strip commercial zoning that we have been condoning all these years. Just as notwithstanding the traffic codes, or traffic violations that may occur along 22nd Avenue, there are two non -conforming commercial establishments which to the best of my knowledge and perhaps Commissioner Plummer could put a time on them, have been there since the zoning began, two non -conforming grocery stores to the north of 16th Street and one to the south crossing the school. Again, notwithstanding the traffic, it is interesting to view this street and the residences along it; and in my opinion, particularly note that after this street was improved and widened, that the character, and in my opinion, the value of the homes, seems to have been not only preserved, but increased. There have been a lot more maintenance, upkeep, painting, and it is a fine residential street regardless of the fact that it does carry a moderate amount of traffic. We believe that this character should be preserved. Secondly, we believe that the requested change of zoning would have an adverse impact not just along 22nd Avenue, but in the surrounding neighborhood. As you look to the northwest and south, this is all residential development, residential development of fine homes, people that are caring and maintain their residences and we believe that they deserve the protection of not having an adverse influence from a commercial development. So, on that basis, we have recommended denial. Mr. Plummer: How do you justify the commercial existing across the street? Mr. Whipple: As I indicated a few remarks ago, Mr. Plummer, they are existing, non -conforming, commercial development. I refer to you that to the best of my knowledge, have existed probably prior to zoning or in an era prior to 1955 where the subject of use variances which are now of course illegal; I don't know which. One of the structures, I'm pretty sure, was there prier to zoning. The other one probably went in under a use variance. Mr. Plummer: But it's there. Mr. Whipple: It's there, but there is only three uses, Mr. Plummer. There is not a filling station, as you indicated earlier. The filling station, as you know, used to occupy this site and was torn down, I would say, in the vicinity of twelve years ago. Mr. Plummer: What is to the back of the grocery store, to the west of the grocery store? There's something like a filling station behind that, west of it? Mr. Whipple: No, sir. Mr. Carollo: Can you pinpoint where 22nd Avenue is on the map? I can't really tell from here. Mr. Whipple: 22nd Avenue runs north and south, as Mr, Perez is pointinj to. The yellow area is the subject property, which is 16th Street. Mr. Carollo: That's 16th Street there and 22nd? 51 35 October 254 Mr. Carollo: Does part of that property face 22nd and the other part faces 16th Street? Mr. Whipple: I thought this would be easier to see the subject property. You see there's roughly 100 plus feet along 22nd Avenue and probably about almost 300 feet or 250 feet fronting on 16th Street. Mr. Carollo: About 250 feet and about 200 22nd. Mr. Whipple: Yes, sir. Mr. Carollo: 250 on 16th Street and about 100 feet on 22nd Avenue. Mr. Whipple: Yes, sir. Mr. Carollo: Now, directly across from that, across from 22nd Avenue, is that where that little store is at? Mr. Whipple: In the north direction in that little white spot, Aurelio, on that lot in the corner, that is one of the grocery stores, the other one is across the street up a little further at that location. Mr. Carollo: So right across the street at that little white spot, that's the little white spot of the corner across 16th Street, that's the grocery store. Mr. Whipple: Yes, sir. Mr. Carollo: And part of in the corner of 16th Street and 22nd Avenue in the yellow part, that's that empty lot that used to be an old gas station. Mr. Whipple: Yes, sir, it's been a vacant lot for quite some time and currently, as of this morning, anyway, it is being used for a staging area for evidently some construction of some type. Mr. Carollo: O.K., I'm familiar with the area now. Mayor Ferre: Let me ask you some questions on that map. I want to show 27th Avenue. It is not clear to me which is the CR-3/7; which is the CR-2/7; and where does it stop? Is that CR-3/7? What is that Flagler? That's 8th, so CR-3/7 is all along 8th and then it goes down 27th to what street is that? 12th, then from 12th down what is it? Mr. Whipple: RO-3/6. Mayor Ferre*: RO-3/6, residential -office 3/6, so it goes from a 7 to a 6. Is that right? And then from 15th to 17th, two and a half blocks it goes to CR-2/7 and then it reverts back to RO-3/6. Then it comes down to Coral Way where it picks up again with CR-2/7 but along Coral Way it is CR-2/7. Is that right? Would you explain to us what the { difference between CR-2/7 and CR-3/7 is (1). (2) Would you { also explain why along 27th Avenue there is two and a half ! blocks almost identical to the two and a half blocks on 22n4 that goes to CR-2/7? And why shouldn't 22nd Avenue which is as big an arterial and as important as 27th now, the way it is developed, have the same zoning parallel that 27th haa? Those are two questions for you. (INAUDIBLE COMMENTS UAT FROM MICROPHONE). Mr. Whipple: The CR District is called a Commercial Residential District. The 1, 2, and 3 status of th030 CR gl 36 October 250 1��� : ka z 0 Districts relates to the types of usage in those three districts. The CR-1 District has very restrictive type Uses such as your neighborhood grocery store, your little pharmacy, things like that. CR-2 gets into a little greater type commercial development in that it would allow lounges, I believe, it would allow some repair services associated with commercial establishments such as a bicycle shop and things of that nature. CR-3 becomes even more liberal and starts to get into some of your service establishments relating to automobiles and things of that nature. Mayor Ferre: Is that the most liberal, CR-3? Mr. Whipple: No, we go on to CG-1 and CG-2 which are more liberal than the CR's. Mayor Ferre: I'm not talking about CG, I'm talking about in the CR category, is that correct? In the CR category, Commercial Residential, CR-3 is the most liberal. Mr. Whipple: Yes, sir. Mayor Ferre: All right. Now... Mr. Whipple: But is not as liberal as the CG Districts. Mayor Ferre: Down in the Coral Way area you have CR-2/7- Mr. Whipple: Yes, sir. Mayor Ferre: Now these people, as I understand it, are applying for CR-1/7 which, of the commercial, is the most restrictive - of the CR category is the most restrictive. Mr. Whipple: Yes, sir. Mayor Ferre: CR-3 is the most liberal. Mr. Whipple: Of the CR classifications. Mayor Ferre: Now, I notice that in some cases you have CR and then it is a 6 rather than a 7. For example, up along ... would you move that map down. ... There is no CR-6, it is all 7, right? Mr. Whipple: The Residential Office is a 6, Mr. Mayor. Mayor Ferre: The RO is a 6. Mr. Whipple: Yes, sir. Mayor Ferre: 6 is density, right? Mr. Whipple: Intensity of development, yes, sir. Mayor Ferre: It is a lower density than 7. Mr. Whipple: 6 is less than 7, yes, sir. Mayor Ferre: By how much? Mr. Whipple: The main factor being Floor Area Ratio, the Floor Area Ratio for a 7 is a 1.729 the Floor Area Ratio for a 6 is 1.21... Mayor Ferre: I asked you one other question and that is why are those two and a half blocks on 27th CR-2/7, how did that happen? Is that historically there? gi 37 October Z59 19$4 ti ,S,ry Mr. Whipple: That has historically been there, to the best of my knowledge, Mr. Mayor, there has been no increase in it. The CR's are a translation from the old C-2 or C-4 zoning that existed in this area of 27th Avenue, 8th Street and Coral Way. But I think you readily notice that all the examples of CA that you have been utilizing have occurred on 8th Street, Coral Way and 27th Avenue with none along 22nd Avenue. Now, to answer a further question, why wouldn't we just say, "well, why isn't this like 27th?", I think the land sue development that exists there has existed, has the right to be there as residential development. We do not see a need, and again, using your illustration, you'll see that some areas of 27th Avenue do not have commercial development, they have residential office development. The reason is we can only handle so much commercial zoning. And you may remember a statistic that I used to flaunt quite often, and that the City of Miami in comparison with other major cities of a similar population number, we have twice as much commercial zoning as the other cities have and we have twice as much commercial usage that the other cities have. Mayor Ferre: And we've also grown twice as fast and the question that I have for you in this particular case is following Plummer's earlier statement is that, and I voted on Item #1 because it had both the Department and the Zoning Board's recommendation and it was a clear case of spot zoning and you heard the statement that I made. But I do feel that both in Flagler and in 22nd Avenue as well as all major arterial streets, we have to look at the reality of where Miami is now and I think we need to understand that in some areas we have to have some kind of relief where people will have the opportunity to have these joint mixed usages and I think, Sergio, that's what we've been talking about, we really need to think about that very carefully. It may not be today, obviously. Mr. Whipple: Well, we indicated that we're working on that but we're talking about flat out and out zoning at this point and this is even a more flagrant spot zoning than the Flagler. Mr. Plummer: Let me ask a question. What does a convenience store take as far as zoning? Mr. Whipple: CH-1. Mayor Ferre: Now, I might point out what Carollo pointed out and that is across the street diagonally and a lot over in one case ... No, put that map back. You have grocery stores in the general area in those two lots. Now, I'll tell you one thing for sure without even listening to the attorney. I am totally against 3, 4 and 5 being rezoned. I have a more, open mind about 1 and 2 even though I do think that this is not the way to do it in the same way that I concluded on Flagler, that's one man's opinion. Mr. Whipple: Mr. Mayor, just for a second, if I may. You do see zoning district boundary lines along 22nd Avenue... Mayor Ferro: I do. Mr. Whipple: But let me point out except for 8th Street and Coral Way, none of those zoning district boundaries involve j commercial development. They are either single family { duplex or multiple family zoning, no commercial in that one { mile stretch. Mayor Ferre: Right. Okay. RT 30 October 25, 1904 Mr. Plummer: Excuse me. As far as the zoning map is concerned but not in reality because, Dick, there is another place further south than 16th Street directly across from Shenandoah Pool which is a third grocery store. Mr. Whipple: I've got them marked on the map, Commissioner Plummer, there are three of them - but those are uses, that is not zoning, that is not the law. They are legal non- conforming u3es that can continue there forever. Mayor Ferre: Yes, but see, the point that Commissioner Plummer is pointing out is that is the case already in three areas. Mr. Whipple: But we're probably talking about in excess of 100 properties along 22nd Avenue in this one mile stretch and you're picking out three and saying, therefore, we should spot zone? I think that is an irrational conclusion or process. Mr. Plummer: But you see, Mr. Whipple, before you get upset and get emotional on us, Mr. Whipple, you said to me, and I think Mr. Pierce said to me that the need exists to study for the possibility of convenience stores as opposed to a shopping center. Mr. Whipple: May I ask a question, sir? Mr. Plummer: Sure. Mr. Whipple: How close does a convenience store have to be to each property in the City of Miami when within one half mile there is any kind of commercial activity you want either on 27th, Coral Way, 8th Street or 17th which are all zoned commercial - only a half a mile away. Mayor Ferre: But what is happening, obviously, Mr. Whipple, is that those corridors along Coral Way and 8th Street are going now into multi -rise buildings. It's not 30 story buildings, but they're going into 4 and 5 story buildings. And as that happens, it pushes out the little mom and pop stores that have been traditional of Coral Way and that is why these things are happening. That is why the pressure has come up. Now, I'm not saying it is good or bad, I'm Just saying that that is occurring. Mr. Whipple: Well, Mr. Mayor, I think one of the things s� we're lacking to understand is the fact of how do our existing commercial areas stand. They are not fully utilized. We still have vacant commercial tracts. There is still plenty of commercial opportunity in the City of Miami. We are constantly faced with the shift from the City of Miami to other areas. If there was any indication, and we've been updating the Master Plan, for additional commercial development, fine, we could do that. But there has been no indication, no need shown for additional commercial zoning. Mayor Ferre: Thank you, Mr. Whipple, we'll now hear from the attorney for the petitioner. Mr. Jose Villalobos: Mr. Mayor, J036 Villalobos, 1401 Ponce de Leon Blvd, Coral Gables, Florida with the firm of Martel and Villalobos P.A. I believe that most of my opening statement and argument is precisely what the Commission has been speaking about at this point. There is a need, and it was very well pointed out. It has been a transition and a change and Miami has lived through a period that has enhanced twice the commerce and the importance of thin City, Now, I have in here, to show that there is a need, and, at YQ AT 39 October 250 190 Nr y'Y 0 course, I will admit that there is certain opposition here but I also have 340 signatures from people around the area that - not precisely from within the circle, but within the area - that have, indeed approved somewhat of a need of this particular instance. We have a particular need, we have 22nd Avenue that have changed in character throughout the years. We have a society, there are certain guidelines that we have to look through and live through, there are certain codes that we must observe, but there is also the need and necessity of people to observe and to realize that there is within one half mile, true there is business, but there is a lot of people and elderly people also that (a) do not have the capacity or the physical ability to move that one half mile and (b) that they do not have the automobiles to travel that far and (a) that there is the need of this particular neighborhood as evidenced by this 340 signatures that I have in here. Now, we do have to observe flexibility and, of course, that flexibility responds to people's needs. There have been vociferous oppositions at times on particular changes but all changes bring out this particular opposition and if not this, any other. We are requesting something that is not only possible but feasible. We have on 22nd Avenue a unique opportunity to develop an area to blend with that particular community. We have offered the Department, and we offered the Zoning Board covenants running with the land as not to be offensive, the development not to be offensive with the character and the particular structure with that particular area. we don't want to go and build bicycle shops out there, it would be to the detriment of my clients which is Jemajo Corporation and they do have business in the area. We are not proposing anything different of what these 340 people have requested in these signatures that we have. No commerce at all lives with the business only of that small circle that we have. This commerce lives and has to be realized from the people around that area that goes a little bit beyond. We have, and the records bear me right, we at times, Miami was a Seminole society. We had Indians here, we don't have that type of society any more. We have a vibrant progressive strong city that needs particular changes. True, we have the codes and true we have the systems but this system has to appropriate and temporate themselves to what we have here today. As I said, we are requesting a CR-1/7 Commercial Residential neighborhood and for the most part this is what the Department is opposed to. We are making this plea to the City stating that we're business people, my clients are business people. We are here and we can offer, if they believe that we want other than the normal Farm Store, the little stores that we want to proceed, we want, and we are offering to have a covenant running with the land with whatever the Department requires us to do. But there is a certain need out there. Mayor Ferre: All right, thank you, sir. Are there any members of the general public who wish to speak to this issue? Anybody here? Please step forward. And how much time did Mr. Villalobos take? It was under 5 minutes. All right, then even though the law gives me the right to limit discussion on any item to 5 minutes I'm not going to do that so as to give all of you the opportunity to speak. How many speakers wish to be heard? Just raise your hands. Four, now you all want to speak? Everybody here wants to speak? Just speakers, I'm not asking for opposition, just people who wish to be heard. Eight, these are proponents. You are, I assume, all opponents. Is that right? I will give each one of you 3 minutes. We'll take half an hour, I'll give you half an hour jointly for your presentation. So you will please keep your comments to 3 minutes a piece and that should add up to about half an hour. You've got to do it on the record. We need your name and address and I'll pass these around. RT 40 October 25, 1904 Mr. Norberto Fernandez: My name is Norberto Fernandez, I reside at 2185 S.W. 16th Terrace. First, I would like to speak fbr Gertrude Marks which you have a copy of her speech. Due to her business, she was not able to attend today and she would like me to speak on her behalf and afterwards I would like to give my own comments. Mayor Ferre: Go ahead. Mr. Fernandez: Mr. chairman, I would like to comment on the proposals for the use lots 1 and 5 of the southwest corner of 16th Street and 22nd Avenue which are reported to be the following: The erection of a two story building with boutiques on the ground floor and offices on the second. After the first Zoning Board Meeting representatives of the petitioner visited some of my neighbors to say that consideration is also being given to the installation of a super market, laundromat and/or bakery on the ground floor as well as the construction of an 8 foot wall on all boundaries not opening on either 16th Street or 22nd Avenue. Parking would be on lots u and 5 facing S.W. 16th Street as well as parts of lots 1 and 2 facing 22nd Avenue. Having come with my parents to this home about 1930. I have seen the area go from a few homes built in the middle of a citrus grove to what is today homes from one end of the block to the other. Therefore, I would like to ask the Commissioners to consider the following in reviewing the petitions of zoning change: (1) It makes commercial intrusion in the nature of a long established and well maintained neighborhood. (2) It would severely impact and disturb adjacent property values. (3) It increases the density of an already over crowded and over parked area since 16th Street is not wide enough to support additional traffic and street parking. Parking is prohibited on 22nd Avenue. Patrons of Salice Market on the northwest corner of 16th Street and 22nd Avenue regularly park on 16th Terrace when the market lot is full. Lot depth of 100 feet is not sufficient, intended or planned for commercial use. (5) Water pressure is insufficient to the homes now and would become increasingly worse if any of the above proposed businesses, laundromats, for example, were constructed. When we moved to the Valdo, there was a one island Gulf filling station which was operated for the last 20 years of its existence by an older man whose use of water was strictly to fill car radiators, to hose down cars if requested, or in his station's restrooms. The station's water consumption was minimal to what would be required if other than a one story residential was permitted on these lots. As Mr. Campbell of the Department of Public Works noted at the December 17th Meeting, the area's sanitation facilities was designed for existing zoning. To upgrade the zoning to CH-1/7 would equal very high usage and could very seriously affect the sanitation facilities in the area. (6) What are the open air ordinances for Miami in a residential area? There are two garage apartments facing onto the area which would be affected by the erection of an 8 foot wal SPEAKER UNKNOWN: ... store the metal containers, where would the containers be located and what time would the garbage collections be made and where would the trucks enter. (9) Rodent control for supermarkets and bakery premises. (►0) All night security lights would shine into yards of homes on both 16th Street and sixteen terrace. (11) A two story structure would be an eye sore and invasion to the privacy of surrounding home. (12) Environmental change would occur with the removal of the fruit and other RT 41 October 25. 1984 trees now on lots four and five since these trees and houses would be removed and replaced by parking lots. (13) The terms "boutique and professional" office afford absolutely no guarantee of the taxing use to which the facilities s ultimately would be placed. For example, beverage store. A twenty-four hour convenience store as on 27th Avenue and 16th Street. News of noisy equipment in the rear of shops, air compressor, electric saws, nauseous odors, bars with loud music in the evenings or early morning hours. (14) To grant this variance would be precedent setting for all of 16th Street and 22nd Avenue, from 8th Street to Tigertail Avenue. Variances mandate the result. 16th Street could become another 8th Street since other lots would soon fall in this connection three, "for sale" signs are now posted on the 2300 block of 15th Street. (15) This application as a repeating of previous use for the same property for increasing use, which would be detrimental to the neighborhood. Others have denied this use before by the Planning Board. (16) Designating this area as a commercial would be breaking down of traditional long standing characters of the neighborhood. (17) When a purchaser buys a home in this particular neighborhood, he or she should be able to rely in good faith on the master plan set forth by the City of Miami pertaining to zoning and use of properties. This proposed spot zoning is at variance with the master plan of the City of Miami as reported by representatives of the Land Development Division, Mr. Whipple on July 17th and Ms. Fernandez on September 17th at meetings of the Zoning Board. At each meeting the Division Representative recommended that this variance not be approved and I agreed. (18) We are looking to City of Miami Commission to support our neighborhood and to protect us from the intrusion of a shopping center. (19) I have no objection to the construction of a single -family residences on these lots for which they were planned, but I am unalterably opposed to this flagrant attempt at spot zoning. Thank you, Mr. Commissioners. This was the letter from Gertrude Marks. - Mayor Ferre: Mr. Fernandez, let me say on the record and if you would tell Mrs. Marks, that usually neighborhoods end up sometimes getting lawyers to represent them. In the fifteen years that I have served on this Commissioner, I have never seen a better written letter or a better presented case than Mrs. Marks. I don't know who she is. Would you tell Mrs. Marks for me that I thank her for her interest. I congratulate her for one of the best written letters I have ever seen on a neighborhood zoning matter and I don't know -- _ who presented these pictures, but... Mr. Fernandez: Yes, those are Gertrude that she herself took. Mayor Ferre: Well, I will tell you you can teach a lesson to Mr. Traurig and Mr. Villalobos and Mr. Al Cardenas. You guys could take lesson from this Mrs. Marks. Thank you, sir. Mr. Fernandez: Ok, I would like to give my... Mayor Ferre: Well,you have already had your three minutes. We got another half hour to go, so we need... - Mr. Fernandez: Could I just basically state the five points? Mayor Ferre: Say it quick. Mr. Fernandez: Ok. (1) Is the present homes are in good shape. (2) The water pressure problem is a problem now, Somebody is taking a shower, somebody turns on a faucet'to AT 42 October 25, 1984 z 4' get a glass of water or sprinkle the lawns, you have to - wait. (3) Traffic flow is getting very very dangerously increasing in that area and now with the sewer work being done on 16th Street, traffic is being diverted by 16th Terrace which is causing additional problems for the neighborhood. (4) It's basically the well researched speech that I have just given for Mrs. Marks, due to the fact that most of the people in this court now as far as the residents are working class people. They do not have the time or the money to sit at leisure and theolize on certain properties jam• what will happen. They have to live with something they #' purchase, something that's not going to be paid for thirty years and that's why there is so much interest, because -it's the interest of the community, not the interest of persons ruling on this change or persons asking for the change. h o here are home Because all the people that ave c me u p owners and not politicians. They are not lawyers. They are not being paid to come up here. They are using their time and money. So, I would like to know that once you make your votes, each person that votes for or against it, I would like to know what interest they see on their way of voting. I would like them state somehow what interest they see for voting the way they have and think you very much. Mayor Ferre: Thank you, Mr. Fernandez. Next speaker please. All right, sir, your name and address for the record. Mr. Max Friedman: My name is Max Friedman. Mayor Ferre: Mr. Friedman, you got three minutes. Mr. Friedman: I live at 2111 Southwest 16th Street. I have lived there for thirty-four years. To me where I live is very important. I bought this property because it was in a residential area and it was zoned that way and I expected it to continue. Now, the attorney for the developer made much of the need for this development. I see no need what so ever. We have Coral Way. We have Southwest 8th Street. We have Southwest 27th Avenue. There is ample commercial development. I say to you gentlemen, that we residents in this area like this neighborhood the way it is. True, the street does have a lot of traffic on 22nd Avenue, but I never heard of the speed limit being a basis for whether a street should be residential or not. The people there evidently like it as it is. Now, gentlemen, those of us who lived in this neighborhood like the neighborhood. We like it the way it is, please don't change it. Thank you. Mayor Ferre: All right, sir. Thank you, Mr. Friedman. Next speaker. Are there anymore speakers? Yes, Ma'am. Ms. Gudrun Brindley: I am Gudrun Brindley. I live at 2245 Southwest 1*6th Terrace, right in back of the development where it should go out. Mr. Mayor and City Commissioners of the City of Miami, I have already spoken to the Zoning Board members on our two previous meeting. Now, I want to make my points clear to you as to why I am in opposition to the proposed project and the rezoning of the area. My property along with four others on 16th Terrace located directly in back of the proposed shopping center and others directly involved would depreciate in value and become less desirable for the following reasons; There will be an increase in traffic. Shoppers and employees will be looking for parking place. Strangers will be attracted and will bring crime, litter and noise into our neighborhood. There will be additional noise of starting cars day and night and car doors slamming. Noise from garbage pick up between 2 to 4 A.M. from the big, heavy iron bins. Delivery trucks at back doors. Exhaust heat from air conditioners. The planned two RT 43 October 259 1904 story building Would out off air circulation and air pollution would increase due to additional traffic caused by the proposed project. All my neighbors and I Want to keep this a clean, pretty, decent and friendly neighborhood and I'm asking you to leave this strictly residential. Please do not spoil it. It's the recommendation of the Zoning Board for denial of the rezoning by an eight to zero vote means anything to you at all. I ask that you respect their decision. I ask you, Mr. Mayor and Commissioners, if you would place yourselves into our position. Would you vote anything but denial. Thank you. Mayor Ferre: Thank you, Ma'am. All right, next speaker. Ms. Brindley: Excuse me. I have the list of signatures. Would you like to have the signature of people who are opposed to it? Mayor Ferre: Yes, Ma'am. Give it to me and I will be happy to give it to the Clerk. Ms. Brindley: My name neighbor, Mrs. Bobo, who lives at 2233 Southwest 17th Street is not able to attend the meeting. She asked me to read her letter to you. "Miami City Commissioners, Miami Florida. Dear Sirs: Due to a previous engagement, I will be unable to attend your meeting on October 259 1984, concerning the proposal of changing the zoning classification of lots 1 to 5 inclusive, block betado 10-19 from one family detached residential to CR-1/7 commercial residential neighborhood. I oppose very strongly this proposal. I am the owner of the property at twenty-two 33 Southwest 17th Street, Miami, Florida. lot 179 block 4. This has been my home since 1935• Since moving to a very desirable neighborhood in 1935, I have seen many changes. In the most recent years, the changes are for the worst. People have been moving in in great numbers living not only in the houses, but garages and anything they could change into living quarters. Where, there are too many people, there are too many cars. There was so many cars parked on my street the other day. I saw a car drive down the sidewalk into the street from a yard where it was parked. My reasons for not wanting the zoning changed to commercial are; it would bring more people, more cars and trucks, more traffic and more crime. Please help us keep it residential. We do not need anymore problems. Signed by Mrs. Lillian Bobo. Mayor Ferre: Thank you, Ma'am. Next speaker. I might ask the speakers... what is beginning to happen now is that you all are beginning to say the same thing and so I think it is important for your interest and ours and time and what have you, for you to say what has not been said. If you have new things, I will tell you, I really mean it. I have never seen a letter as thorough as Mrs. Marks. If you have anything else to add to that, please do so, but do it quickly. Mr. Jose Justo: My name is Jose Justo. I live on 2244 Southwest 16th Terrace. I have been living in the neighborhood for about three years now. I purchased my house because of the reason that it was residential area. Not a commercial. I don't think there is a reason really for a commercial, you know, area on that particularl corner. Traffic will be increased almost a hundred per cent and parking will be impossible even for me. I live on 16th Terrace. Mayor Ferre: All right, next speaker. BT 44 October 251 1064 z Mr. Umberto Fernandez: My name is Umberto Fernandez. I live at 2185 Southwest 16th Terrace. I bought my house there, because that's a residential area. As you, Mayor and you, Commissioners like to live in some quiet place. That's why I brought my house there. I have lived there for fifteen years. I expect to live there until I die and I don't want to change it's zoning. That lawyer say he have three hundred fifty signatures. But I don't think we have three hundred people paying tax for this area in there. I pay tax for this area, that's why I have a right to say when I said people living outside. People living outside he can believe anything because he is not living there and pay for this area. He can say I want to change the zoning. It's no bother because he is not living there. Thank you. Mayor Ferre: Thank you, sir. Next speaker. Mr. Thomas Knox: My name is Thomas Knox. I live at 3010 Southwest 16th Street which is considerable distance from this location that was being discussed. However, I have not spoken before at any of the hearings, but two things were said today that brought me up here. One of them, Mr. Mayor, was your remarks about businesses moving out of Miami and taking people with them. They may still continue to live in Miami and maybe not, but if we continue to take away housing and places for housing, where are we going to get the people who we are talking about we want to live in Miami? The Zoning Board or Zoning Department, I don't know which, has said there is plenty of commercial areas still not used. The other thing that disturbed me is Commissioner Plummer's remarks about 22nd Avenue being a speedway, so to speak and therefore, should be zoned more or less commercial. Mr. Plummer: No, sir. I did not say that. No, sir. Please. I will be glad to let you wait, but I ask for the right... Mr. Knox: Well, perhaps I didn't interpret it correctly, but I... Mr. Plummer: Well, what I said sir, I said there is the need for a study to be done, that the character has changed. I did not say that it necessarily was all to be changed to commercial. Just let me clarify that. Mr. Knox: Thank you, for correcting me. The thing that bothers me now is through the wisdom of our City government, 16th Street is being improved and widen from, I think it's 17th Avenue to 32nd Avenue, Douglas Road which means that traffic is going to increase there. So,... and then are we going to look at that and may be make that commercial or think about making it commercial. The other thing that disturbs me is that directly behind my property ---I live on 16th Street ---on 16th Terrace is a small mom and pop operation which has been there for thirty, forty years. Now, if we get 16th Street as a main thoroughfare with lots of traffic, are we going to say because that place is there that now may be we should make 16th Street more commercial? Gentlemen, I think that if you look at it carefully you will see that the Zoning Department and the Zoning Board are correct. Thank you. Mayor Ferre: Thank you, sir. Next speaker. Are there anymore speakers? Yes, Ma'am. Mrs. Butberger: Gentlemen, my name is Mrs. Butberger, I reside at 2250 Southwest 16th Street. I lived there since 1955. I and my neighbors are very concerned of Mr. Perez RT 45 October 259 1944 wanting to build a shopping center from 2210 to 2240 Southwest 16th Street. 1 live at 2250. This is A residential neighborhood and is zoned R-1. We don't want it changed to commercial area. The traffic on Southwest 16th Street to Douglas Road and 17th Avenue is extremely busy. We can't get out of our driveways during rush hours. We don't need all the extra traffic, noise and crime that a shopping center will bring. Also, I may point out, there is not enough parking for a shopping center. There is no room to park on the streets. We still walk in our neighborhood without fear. A shopping center will also change the nature of the neighborhood. Right now it is R-1, family homes from Southwest 9th Street to Southwest 21st Terrace. I would like to point out that there are plenty of stores and shopping on 27th Avenue, Coral Way and Southwest 8th Street. if one needs to go shopping. Again, I stress the need to keep our neighborhood residential and not ruin it with a shopping center that will create chaos and heavy traffic of both cars and people. Thank you for taking the time to listen. Respectfully, Mrs. Butberger. Mayor Ferre: Thank you, Ma'am. Are there any other speakers at this time. All right, if not I will give you a brief moment of rebuttal. Are there any other speakers. All right, and then Mr. Fernandez, since you are very articulate... where did Mr. Fernandez go? Come on back in case we need you for further discussion here. All right, go ahead counselor. Mr. Villalobos: Very briefly, I have seen and heard the people from the area... you have in your possession also the signatures from other people that we did not foresee to bring out here. It is not our intent to build out an eight foot wall and certainly not to create hazards like an electric saw and air compressor. I don't think that changes are for the worst like we have seen in Brickell Avenue. I the changes are for good. I think that Miami is for me. I want to stay here. I'm a voter in the City of Miami. I think that we have done something which is very good. I am conciliatory. I believe that the people have certain rights as we have also the opportunity to come before you and just about the only place in the world can be done, United States of America. However, I do think that there is a need in this particular location. I think that most of the items have been stated and touched upon. I don't think that I have anything else to offer and I certainly will proffer again, that if granted we are willing to go out with the small boutiques and bakeries and things that we are proposing and not the noisy type of industry that some people believe. We have attempted to talk to the neighbors on the opposition and some we have convinced and some we have not, but this ,of course, is the principle of these United States. Thank you very much. Mayor Ferre: All right, Mr. Fernandez, on behalf of the neighborhood, do you want to add anything else that hasn't been said? Mr. Fernandez: Right. My only thing is I understand his principal of the small items that could have... you know, I could see changing on the long run, but as he stated "Miami is for me". Miami is for me and Florida is for me, because I'm a native Floridian. I'm a native of Florida for the last twenty-four years and one thing I like to speak is that the way I see it is that on one side you have one individual that's stating that he is for the community and on the other side you have the community that came here presente representing themselves voted against this in the mail in forms and there are people that have taken time off from work to state their opinion and on the other hand you have a RT 46 October 25, 1904 person that in my opinion his sole interest is for Monetary gains. If he would have in the year that he had owned the , property, if he had maintained it, kept it clean, I could see where he was saying yes and for the community, but property that must have cost them in the thousands and may E be only a couple hundred dollars a year to maintain it and keep uncluttered, he has never done and I would just like to § let you now that when you people vote I would like to know why you are voting in that way, because if I... what I have seen this morning here is one side has more political muscle than the other and in my views of the American system basically, when you come down to the nitty gritty political muscle equals capital, money, cash. One side we have a man with money that wants to change the zoning, on the side you have residents that want to keep it. Mayor Ferre: Well, let me tell you Mr. Fernandez, that's what the communist say about the United States and I want to tell you they are wrong and you are wrong. And I happen to think that the American free enterprise Democratic system does work and that for the must part the government does function. Now, you may disagree with that. Mr. Fernandez: Oh, no I don't disagree, this Country is the best Country in the entire universe. Mayor Ferre: And the system works. All right, thank you, Mr. Fernandez. Mr. Fernandez: Thank you. Mayor Ferre: All right, are there... we are about to close.. Yes, Ma'am. You come on up and you are welcome to... you have got three minutes if you want to make a statement. Just tell us who you are and your address. Ms. Angela Diaz: My name is Angela Diaz and my address is 2365 Southwest 21 Street. I just want to say that I also live in the area, may be not right on 16th Street, but there are other people here too, that live in the neighborhood and agree with the shopping center. It's not only them. Mayor Ferre: Well, you are entitled to your opinion. Ms. Diaz: Ok, that's all I wanted to say. Mayor Ferre: All right, anybody else now, because we are about to cut this off? No, you have already spoken. I will let you speak at the end if you want something additionally you want to add. Name and Address and you got three minutes. Mr. Pablo Perez: My name is Pablo Perez, 2000 Southwest 17th Terrace. I'm one of the proponents of this project. I would just like to clarify a few things to members of the community and to the Board. As our attorney Mr. Villalobos has stated previously, I would like to say that there are no plan any such things as an eight foot wall in the area, garbage disposal... They have painted a picture whereas there will be some kind of... Mayor Ferre: Are you the owner of the property? Mr. Perez: I am the owner's son, sir. I am not the owner. They have painted a picture whereas that would require all night security. It would be an eye sore. It is not our intention to create bars, loud music or anything. We feel that the nature of this thoroughfare has been changed by the growth in the area and that other streets like Southwest 27th Avenue have something like what we are requiring, We gl 47 October 25, 1984 feel this is not a flagrant spot zoning require or anything like that. This is something that sooner or later is going to have to happen, because communities grow and the nature of areas are changed. So, we are simply..* this is something that is inevitable in a way. It's going to happen sooner or later. We feel that we... I have lived in that community myself also, for many years, since 1974/1975. I'm familiar with the area. I feel that the area would really be improved by this and like I said before. We are willing to speak to anyone from the community. We are not out to infringe on anybody's rights or to ruin the neighborhood. We won't want to go in a neighborhood that we ourselves have invested in. And also, we have only owned that property for about may be a year. Somebody mentioned that in all the years we have owned it it wasn't well kept and stuff like that. We bought the property fairly recently and in the time that we have had it we have had it trimmed. We have kept the grass trimmed and we have made efforts to improve it. Thank you. Mayor Ferre: All right, thank you. Any other speakers? All right, is there a motion to out off the public portion of this now? Mr. Plummer: So, move. Mayor Ferre: Is there a second? Mr. Carollo: Second. Mayor Ferre: Call the roll. I'm sorry, you did want to say something else and I... Would the members of the Commission... Mr. Plummer: I rescind the motion. Mayor Ferre: Well, just for a moment... let her, because I out her off. Mr. Plummer: Come to the microphone my dear. We have to get you on the record. Mayor Ferre: You name again, Mrs.... Ms. Anna Butberger: Mrs. Anna Butberger. I live at 2250. A gentleman came to see me and told me they will put up and eight foot wall along side of my bedroom windows on the East side of my house. Now, they are throwing down 2230 and 2240 in order to enlarge the lot. They don't have it yet, but they have the houses rented and when they throw that down they will put a wall opposite my East side windows. Now, the gentleman told it to me personally. Mayor Ferre: All right, Ma'am. Thank you, Mrs. Butberger. All right, now this public hearing... Ma'am, we have to out of propriety out the public discussion off. We have had an opportunity. (BACKGROUND COMMENTS INAUDIBLE) Mayor Ferre: All right, well let the record accept that there have been statements made to the neighborhood that there will be an eight foot wall erected there, So, let that stand clear. All right, now the public discussion has been stop and we are now at the Commission level. Questions from the Commission first. Statements by members of the Commission. Mr. Perez; Could I ask you something Mr. Whipple? How many signatures have we received in favor of the project and how many against? gl 48 Octobers, 1984A Mr. Whipple: I believe that's stated on the fact sheet of Which... Mr. Perez: No, but that's objection, but that's what it said from the report, but I found here more than three or four hundred signature. What does it mean? Mr. Whipple: If you are referring to the petition which was submitted at the board level, a brief check did occur at that time and if you will look closely at the petition, you will note that a significant number of those signatures are far beyond the area of notification. They are in the area perhaps, but I mean we are talking about people that are clear over on 27th Avenue, Coral Way and 8th Street. It represents quite a large number of people but not a significant number in the immediate area. Mr. Perez: Ok, but could you classify if we have a second reading in this issue, could you classify the eligible residents who live in a three mile radius, how many are in favor and how many are against? Mr. Whipple: No, I couldn't exactly. Mr. Perez: Does Mr. Villalobos have any record of the signatures that he sent in favor? Do you have any record of how many signatures do you have? Mr. Villalobos: I just gave it to the Mayor. There is obviously, of course, the area notification is a rather small area. I have about three hundred forty signatures of people that live in that general area. So, therefore, this is exactly what we say, that there are people that live in that general area that support the petition not in the in the general area of notification. -- Mayor Ferre: I will tell you, just from a cursory look at this, it looks like most of these people that have signed this are in the vicinity of 22nd Avenue and 17th Street, 18th Street, 16th Terrace, 15th Street. I guess they must have walked the area because it looks like they... Mr. Villalobos: We certainly did, sir. We went out house to house and trying to talk to the people. Mayor Ferre: Yes. It looks like it follows the street pattern and it looks like they are all within 17, 16... the next page goes to 14th and 13th and then back to 16th Terrace, 15th Street up to 19th Street. These are all 19th Terrace. Mr. Villalobos: Hey, no commerce could exist within the notification area. Only....... Mayor Ferre: They look like they are... and this one goes up to 21st. Mr. Whipple: Yes, it's indicated on the hearing map. Mayor Ferre: Yes, it looks like the neighborhood. Mr. Whipple: Looking at the hearing map you will see the representation of those that within the notification area of about three to one with respect their feeling on the item against the item. Mayor Ferre: All right, any other questions or statements? I will tell you, I do think that there is a big differexlae between lots one and two and lots three, four, five, I meat: 51 49 October 25, 1984 .ir one and two were on 22nd Avenue. Three, four and five, there is no absolute question that that is a residential thesearea and are smaller sand then is unquestionably residential, Ok lots the ill there t of this �} Commission. Mr. Carollo: Mr. Mayor, I can only speak for myself. I think this is just too important of a decision for this Commission to make for this neighborhood and I for one am not ready to vote today on this matter. I would like to personally go into the area inspect that site and have a first hand look and not go on my recollection of the area before I make a decision. Now, there is a lot of question marks in my mind that cannot be answered right now until I personally go there and have a look at the area myself. So, I would like to make a motion that this item be deferred. Mayor Ferre: Is there a second? Mr. Plummer: Mr. Mayor, the long standing policy of this Commission is that when a Commissioner ask for consideration that it be granted. I second that motion. Mayor Ferre: For one time. Mr. Plummer: For one time, of course. Continued for further information. Ms. Dougherty: To a date certain. Mayor Ferre: All right, there is a motion and a second. Let me so that... because I think the neighbors are entitled for those of us that have opinions to state them. And I will state mine. I am totally against three, four, and five being rezoned. I am more open to one and two being rezoned. I am not for one and two being rezoned unilaterally. I do think that it has to be considered and as a neighborhood proposition. As I previously stated, there is not question that because of the tremendous amount of construction that has gone in the vicinity of Coral Way and what is now happening also along 6th Street, that there are pressures for the avenues, namely 27th and 22nd and eventually it will happen with 17th Avenue. ---I bet 17th Avenue get four laned for there to be an expansion of the mom and pop type stores along those main arterials. I thank no matter what happens here or no matter what we vote on today is going to happen whether it's next year or five years from or ten years from now, it's going to happen. Because that's... and it doesn't happen in Miami, it happens in Boston and Houston and Los Angeles and San Diego and Minneapolis and everywhere in the Country whenever you have major arterial opening it's inevitable that commercial follows those things. Now, the question is not whether or not 22nd Avenue is eventually going to become commercial. In my opinion, it will become commercial. The question is how will it become commercial and how quickly will it become commercial? That is the inevitable. And I would say that we should plan it carefully. It should not all go commercial and it should be controlled. And I am not willing to vote for this rezoning at this time until the department completes its recommendation. Now, I... one last thing I want to say. There was a time when Miami have a very different flavor and character. Times change. Miami changes. Miami has changed. The same people that Lived in Shenandoah for the most part do not live there anymore. There was a time that a part of Miami was called "Little Georgia". "Little Georgia" no longer exists. It was called "Little Georgia" because the majority of the people that lived in "Little Georgia" were from Georgia and Mississippi and Alabama. They were southerners. They were White southerners. They Sl 50 October 259 1984 were southern baptist for the most part and the Riverside Baptist was one of the most important baptist churches in Florida, not Miami. The Riverside Baptist Church moved along time ago and it is down in Kendall and along with Riverside Baptist Church or before it, the people that live in Shenandoah and in "Little Georgia" and in those parts that used to attend the Riverside Baptist Church moved before it. Nov. I'm not making a comment of whether that's good or bad. We all have our ideas. York Avenue in New York City used to be German Town and if you go to York Town, I mean, to York Street in New York, it is no longer German Town accept for a beer hall here and there and it is gone as have other neighborhoods from German to Polish, to Polish Christian, to Polish Jewish to Puerto Rican to Black and neighborhoods change and cities change and we are in the midst of change here. Now, we cannot stop change, because we live in an open free society and money is not the determining factor. It is circumstances of people and people and people's need. Now, there is no question that power and money and lawyers and pressures are factors, but in my opinion I am... I at least am not cynical enough to think that it is the only factor or the determining factor. Now, I could not in all good conscience vote differently in this particular property than I voted on Flagler Street, because the same circumstances exist here as exist there even though friends are involved in this. But I cannot in good conscience vote that way. However, I must say so that there is no misunderstanding, that I think the time will come when there will be a change and I think that, that change is around the corner. Now, I would rather do it... I of course, will vote with Commissioner Carollo, because he has that right as a member of the Commission, but I would rather do this in an orderly, well through out procedure. One last thing that I wanted to say. Most of the people that are moving into this general vicinity in the last ten years are Hispanic people, mostly Cuban. Hispanic people have a tradition of walking and being apart of communities by tradition, wherever they live. Whether it be Havana or Madrid, Spain or Buenos Aires. Now, I think one of the smarter ways for us to approach this and it works beautifully all over Europe. Whether it be Scandinavia or those wonderful little villages in the Mediterranean and Italy or Germany and that is for us to consider the ideal of maintaining a residential character oncoming commercial streets by having commercial in the bottom floors and residential up at top and limiting the height. Now, those of you that came from other American cities like New York or Philadelphia or Boston know that that's the way New York functions. You have laundry and a Chinese restaurant and take out service and other things in the bottom floor and up on the top you have people that are living there. We are headed in that direction and I think that that's something that we have to look at seriously, not for 22nd Avenue, but for flagler-Streetand the Trail and 2Tth Avenue and other major arterial streets. With that... Mr. Fernandez, that's my opinion. Anybody else? Mr. Plummer: Mr. Mayor, for Mr. Fernandez, who has asked and made a reasonable request at such time as the vote is taken, I will explain my vote at that time. I don't think I have to explain a continuance, although, it is... I want you to understand it has always been the policy in my fourteen years when requested by a Commissioner to have the opportunity to further look. It has always been granted. Mayor Ferre: All right, are we ready to vote? Ms. Dougherty: Mr. Mayor, would you designate the date to avoid having to renotice everyone? 81 51 October 259 1904 j i, Mayor Ferre: Yes, would the maker of the motion give us a date? Mr. Carollo: The next available date. Mayor Ferre: The next available zoning date would be November 15th. Are we ready? Further discussion, call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 84-1203 A MOTION TO CONTINUE CONSIDERATION OF A PROPOSED FIRST READING ORDINANCE FOR CHANGE OF ZONING AT APPROXIMATELY 2210- 40-50 S.W. 16TH STREET AND APPROXIMATELY 1600-02 S.W. 22 AVENUE FROM RS-2/2 TO CR-1/7 TO THE MEETING PRESENTLY SCHEDULED FOR NOVEMBER 15, 1984 FOR FURTHER INFORMATION AND IN ORDER THAT THE CITY COMMISSION MIGHT INSPECT THE SITE PRIOR TO VOTING ON THIS MATTER. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. ------------------------------------------------------- -- 22. FIRST READING ORDINANCE: GRANT ZONING CHANGE AT 3400- 3490 S. DIXIE HVY & 3460 BIRD AVE. FROM RO-2.1/5 AND RG- 2.1/3 TO CG-1/7- (APPLICANTS: DELTABRAN, LTD.; JUAN DELGADO; ALDO, KAXIM09 RAFAEL & GERARDO ALVAREZ; VICENTE MATAS; AND KARL AND ENID BROT. ------------------------------------------------------------ Mayor Ferre: We are now on Item V. This is a zoning atlas amendment on first reading. Deltabran, Unlimited, Juan Delgado and so on and this is a request atlas change from RO-2.1/5 and RG-2.1/3 to CG-1/7• The Planning Department recommended denial. The Zoning Board recommended approval to CR-2/5 eight to zero. In other words unanimously. All right, will the department make its statement. Mr. Plummer: Mr. Mayor, in the interest of fairness it is now twenty-four minutes till our break. I'm just wondering are we going to be able to hear anything else beyond this item and should we tell the other to come back at 3 when we reconvene. Mayor Ferre: I think you are right. I think there is no question that beyond 7 we will not hear any other cases until this afternoon. Now, with regards to Item #79 how many opponents are here that wish to speak? 7. Are there any opponents in the room. Does anybody wish to speak $1 52 October 25,. 1984 against Item Vo which is in the vicinity of South Dixie ' Highway and 34th.� Mr, Carollo: We only have twenty minutes to finish this item and I just don't... Mayor Ferre: I see no reason why we can't conclude it in twenty minutes unless somebody really wants to take a long time to speak about it. Mr. Traurig: Mr. Mayor, I think this Item can be completed in three minutes, because I think that we have reached an understanding with staff. Mayor Ferre: One way or the other you mean. Mr. Whipple: No, Mr. Mayor, you will give us the opportunity I think we can finish it in a few minutes. Mayor Ferre: Go ahead, Mr. Whipple. Mr. Traurig: And hopefully after that you might be able to undertake #8, but I don't know whether you would like to do that. Mr. Whipple: Mr. Mayor and members of the Commission, this item was recommended for denial by the Planning Department on a request for CG-1/7. That is not only a change from a residential office classification to a commercial classification, but a jump in intensity from a sector five to a sector seven and we had considerable difficulty with that requested change. However, in light of the Zoning Board's recommendation to a lesser commercial zoning classification, not only as to use, but to maintain the same intensity of development and understanding that there is a document being proffered the department is prepared to go along with the Zoning Board's recommendation for the CR-5. Mayor Ferre: All right, thank you. Counselor. — Mr. Traurig: And we concur in that on the CH-2/5 and that's what the recommendation of the Zoning Board to you has been. — So, ... Mayor Ferre: Is there a document you are proffering? Mr. Traurig: Yes, we have submitted a restrictive covenant not only limiting the utilization of the property in that manner, but also in limiting some of the uses and the type of development. So, it's complete. Mayor Ferre: Thank you, air. Is there further discussion on this? Is there a motion? Now, that the administration and the Zoning Board concur unanimously is there a motion? Mr. Carollo: If I could have the Planning Department example to me for the record, just what is the difference of the zoning change they are asking for? Mr. Whipple: At the present time the property is zoned Ro which indicates residential/office development with accompanying residential setbacks and accompanying limitations of the development to office use or residential use. As you will see this property is located next to n liberal commercial zoning and incidentally a liberal commercial use. Zoning being CG-1/7 and... Mr. Carollo: That's a gas station right now presently, }` right? e 1L . Bl 53 October 254 190 4 Mr. Whipple: Pardon. Mr. Carollo: That's presently a gas station right now where you are pointing at? Mr. Whipple: That's what I was just about to say. Yes, sir. With an existing fill in station at that location. They are requesting the commercial use 'in order that they could have some limited--- CR is more limited than CG--- limited retail activity, but they are selecting to and we are concurring to keep it at the same intensity as they existing RO zoning or sector 5 intensity. The difference is the retail activity would not be permitted by their existing zoning. The CR zoning would permit limited retail activity. Mr. Carollo: So, it's not that great of a change that they are requesting then from their present zoning. Mr. Whipple: The major change is that of the retail activity. The intensity would stay the same as the board has recommended the sector five instead of the seven. Mr. Carollo: Can you explain again for the record why you are recommending denial of this? Mr. Whipple: We believe that this is a reasonable request. We had discussions with the applicant previously. We had indicated our concerns with the intensity of development and the very liberal usage and they preferred to proceed on that basis. However, with the board's recommendations which we weren't able to get of a lesser use and less intensity, we have concurred because we were trying to do that initially and as long as they have done it now that's why we are going along with the recommendation. Mr. Carollo: Yes, the reason I wanted that stipulated, because what I have here before me is that you are denying the... Mr. Whipple: We did not... the initial request is a CG-1/7. The existing zoning is RO-3/5 or RO-1/5. The proposal is CR-2/5- Mr. Carollo: All these numbers that you have all applied to so many different zoning classifications, this is worst than trying to figure out the different calls that a quarter back makes at a football game. It is so complicated. Mayor Ferre: You have to have a map to understand the map. Mr. Carollo: Yes, I think we are going to have to hire our own attorney to explain that... all the different signals. Mr. Plummer: What happen to the good old days when we had R-1.29394,5; C-19293,4? Mr. Whipple: Do you remember when the zoning code only used to be a quarter inch thick? Mr. Carollo: I think we ought to ask Joe Robbie to lend us Dan Marino for ten hours a week to consult with us. Mayor Ferre: Well, we might accept the Dan Marino portion of it. All right, anything else. Are we ready to vote? Do we have a motion on this yet? Mr. Carollo: I move, Mr. Mayor, Mayor Ferre: All right, it's been moved, is there a second? el 54 October 25, 1984 `' t Mr. Perez: Second. Mayor Ferre: Further discussion? Recommended by the department. Mr. Whipple: It's an ordinance Mr. Mayor. Mayor Ferre: mead the ordinance as amended. All right, t call the roll, please. AN ORDINANCE ENTITLED- �. AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 95009 THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 3400-3490 SOUTH DIXIE HIGHWAY, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RO- 2.1/5 RESIDENTIAL -OFFICE (FOR THAT PORTION OF THE LOT EXCLUDING THE SOUTH 50 FEET) AND RG-2.1/3.3 GENERAL RESIDENTIAL (FOR THE SOUTH 50 FEET OF THE LOT) TO CR-2/5 COMMERCIAL RESIDENTIAL (COMMUNITY) BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 39 SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo and seconded by Commissioner Perez and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller. J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ------------------------------------------------------------ 23. RATIFY ACTION BY CITY MANAGER IN EXECUTING AGREEMENT WITH OVERTOWN ECONOMIC DEVELOPMENT CORP, INC. FOR GRANT FOR THE "FOURTH ANNUAL OVERTOWN COMIN' ALIVE FESTIVAL". Mayor Ferre: All right, Ms. Adker. Ms. Anne Marie Adker: I'm Anne Marie Adker and I live now at 407 Northwest 5th Street. I was before the Commission asking for fundings for the "Overtown Comin Alive Festival", which you granted. I haven't received the funds as yet and I need them. Mr. Carollo; What's the amount Anne Marie? S h Mr. G&ry: It's Item 73• Ms. Adker: Sixteen thousand five hundred... Mr. Gary: It's Item S3. Mr, Carollo: We approved it and you have not received it yet? Ms. Adker: No, sir. Mr. Carollo: Well, why is that the case that you have not received it yet? Ms. Adker: Well, that's the frustration now and my festival goals are 2nd, 3rd and 4th of November. Mr. Carollo: Who in the City administration has given you a reason why you have not received the funds, if any reason at all? Ms. Adker: Well, they said I had to come before you for a resolution. Mr. Dawkins: Yes, we got to pass a resolution. Mr. Carollo: So, move the resolution. Mr. Dawkins: Second. Mayor Ferre: Further discussion, call the roll on sixteen thousand five hundred dollars for coming alive. Right? Mr. Gary: Item S3. Mayor Ferre: It's Item 33. Are we ready to vote? Mr. Dawkins: Yes. Mayor Ferre: S3. Any statements. Mr. Gary: Mr. Mayor, this item was passed September 20th, this is the first meeting after to formalize that action. Mayor Ferre: Ok. Call the roll please. 4 The Following resolution was introduced by Commissioner Carollo, who moved its adoptions RESOLUTION NO. 84-1204 A RESOLUTION RATIFYING, CONFIRMING, AND APPROVING THE ACTIONS OF THE CITY MANAGER IN EXECUTING THE ATTACHED AGREEMENT WITH THE OVERTOWN ECONOMIC DEVELOPMENT CORP., INC. FOR A GRANT FOR THE OVERTOWN COMINI ALIVE FESTIVAL; ALLOCATING AN AMOUNT NOT TO EXCEED $169534 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO THE OVERTOWN ECONOMIC DEVELOPMENT CORP., INC., IN CONNECTION WITH THE FOURTH ANNUAL OVERTOWN COMIN' ALIVE FESTIVAL; FURTHER ALLOCATING AN AMOUNT NOT TO EXCEED $50.25 FROM SPECIAL PROGRAMS AND COUNTS, QUALITY OF LIFE FUND, FOR FEE WAIVERS IN CONNECTION WITH SAID EVENT; AND FURTHER PROVIDING A TOTAL AMOUNT NOT TO EXCEED $169969.20 IN IN -KIND SERVICES FOR SAID EVENT FROM THE OPERATING BUDGETS OF THE DEPARTMENTS OF POLICE, FIRE, SOLID WASTE AND PARKS AND RECREATION; SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATION POLICY NO. APM-1-849 DATED JANUARY 24, 1984. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. LURCH HECESS: OUT: 12:47 P. k. BACK: 3: 15, P.M. ABSENT: DAWKINS/CAROLLO LOCATION: Robert E. Lee Jr. High School. WHEREUPON, THE CITY COMMISSION WENT INTO A RECESS AT 12:47 P.M., RECONVENING AT 3:15 P.M.ROBERT E. LEE JR. HIGH SCHOOL, WITH ALL MEMBERS OF THE COMMISSION FOUND TO BE PRESENT EXCEPT COMMISSIONER CAROLLO. BI 57 October 2541944 4 2 246 FIRST READING ORDINANCEs AND ZONING ATLAS CHANGE ZONING IN ►AU B00020 BY APPROXIMATELY S.W. 32 AVS.* OAK AV2.* VEST BOUNDARY OF KIRK MUNROE PARK* AND REAR LOT LINE OF PROPERTIES FRONTING ON SO. SIDE OF OAK AV$. FROM 23-2/2 TO RG-1/3. 7-:i !7iiii.iiiii-ii-... Mayor Ferre: I have a note here, excuse me, J.L., from Yiannis Antoniadis. Mr. Antoniadis came up to me just a moment ago. He said he was feeling very ill and he wished to postpone item number 9. Is there somebody here on item number 9? Are there people here, members of the public that are here on item number 9? This is a zoning atlas amendment on first reading Derek Povey, Robert Malinski and Yiannis Antoniadis in 9, 109 11. This is an atlas amendment. Mr. Antoniadis, are you opposed to this? Mr. Yiannis Antoniadis: No, I'm not opposing to it. Mayor Ferre: You are in favor of it? Mr. Antoniadis: Yes, I am. Mayor Ferre: Is there somebody opposed to it? Is there anybody opposed to it? You are opposed to item number 9; is that correct, sir? I see a gentleman in the light blue shirt raise his hand; does that mean, sir, that you are opposed to item number 97 Item number 9 is on the fifth page of the agenda that deals with the zoning atlas amendment of the Planning Department's owners, it's lots 7, 89 9, and 10 and lots 12. It is on 32nd Avenue and Oak Avenue; and the west boundaries are Kirk Munroe Park. Are you opposed, sir? You have the wrong one, O.K. Is anybody opposed to item number.... Mr. Plummer: I move that it be deferred. Mayor Ferre: Well, I think we can pass it, if there is no opposition to it, unless it's recommended by the department. Mr. Plummer: Oh, I'm sorry. Mayor Ferre: It's recommended by the Planning and by the Plat committee. i Mr. Plummer: If there are no objections, Mr. Mayor, I have none and I'd be happy to move it. Mr. Sergio Rodriguez: May I say something for the record? It's a Planning Department application that came to the department as a request from the residents of the area because they didn't have enough of an area to apply for a zoning change. We were under the impression that all of the _ residents of the area would come in support, the immediately affected within this zoning district, but we haven't j received the support by some of the people affected by it. So, we have some concern now whether we were told that we had the support of the people in the immediate area. Mayor Ferre: Very good. All right, is there further discussion? Is there a motion on item 9? Mr. Plummer: I moved it. Mayor Ferre: Plummer moves. Is there a second? Perez seconds. Further discussion on item 9? Call the roil, please. It's an ordinance, I'm sorry. Did you read it? Call the roll. i AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 95009 THE CITY ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF THE AREA GENERALLY BOUNDED BY SOUTHWEST 32ND AVENUE, OAK AVENUE, THE WEST BOUNDARY OF KIRK MUNROE PARK, AND THE REAR LOT LINE OF PROPERTIES FRONTING ON THE SOUTH SIDE OF OAK AVENUE, (MORE PARTICULARLY DESCRIBED HEREIN); FROM RS- 2/2 (ONE FAMILY DETACHED RESIDENTIAL) TO RG-1/3 (GENERAL RESIDENTIAL ONE AND TWO FAMILY); MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 46 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300 THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Perez and passed on its first reading by title by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo -- The City Attorney read the ordinance into the public record and stated that copies had been furnished to the City Commission and that copies were available to the public. -------------------- ---------------------------------------- 25. FIRST READING ORDINANCE: CHANGE ZONING AT APPROXIMATELY 2351 S.Y. 37 AVE., FROM CR-2/7 TO CR-2/8. (Applicant: I.R.S. Real Est Fund, Ltd.) Mayor Ferre: Take up item number 8, this is I.R.E. Real Estate Fund, Ltd. at 2351 S.W. 37 Avenue. The department recommends its denial. The Zoning Board recommended approval, 7 to 1. How many opponents are there at the meeting that wish to speak on item 8? Are there any opponents to item number 8 that wish to be heard? Will the department proceed, please. — Mr. Richard Whipple: Mr. Mayor, members of the Commission, for the record, Richard Whipple, Planning Department, The Planning Department recommends denial of this item. As is noted on the agenda, this is companion to items number 11 _ and 12, which are seeking variances. This item is a request to increase the intensity of the use going from the CR-2/7 ' = to a CH-2/8. As you might be familiar or remember from this morning's discussion, the predominant intensity of commercial development in this area and in the majority of areas in the city, except for downtown or immediately around downtown, is an intensity of 7. The applicants are not only requesting this increased intensity to a sector 8. but to too that, they have to have upteen zillion variances, which are... 4 Mayor Ferre: bid you say zillion? 0 Mr. Whipple: Well, I said upteen zillion, but they need many variances. Mayor Ferre: It's not in the zillion category, is it? Mr. Whipple: Close, they need many variances by which to even accommodate a sector 8 or the sector 7• So, a long story short, the department recommends denial. It is out of character of the area of the rest of the zoning along 37th Avenue is in a sector 79 which we believe is an intensity that is proper for the area. It is a little high in itself. However, this is what is applied and on that basis, we are recommending denial to this requested change of zoning involving the sector number. Mayor Ferre: Anything else from the department? If not, we will hear the presentation now from the proponents. Mr. Robert H. Traurig: Thank you, Mr. Mayor, my name is Robert H. Traurig. I'm an attorney with offices at 1401 Brickell. I'm joined here by my associate, Gary Held and the architects for the project, Mr. Humberto Alonso, Sr. and Mr. Humberto Alonso, Jr. are present also. Mr. Manuel D. Medina, who is representing Terremark, Inc., which is associated with the owner/applicant, I.R.E. Real Estate Fund, is also present. They are associated in the development of the property, which is located at 2351 S.W. 37th Avenue, Douglas Road and 23rd. Mayor Ferre: Would you point out the property for us, please? Mr. Traurig: Yes, the property which is the subject of this hearing is the entire block between S.W. 23rd Terrace and S.W. 24th Street, from Douglas Road eastward 120 feet. Mayor Ferre: Does it include the apartments? _ Mr. Traurig: It includes just this area. It does not include this office building that lies immediately east of our property. Mayor Ferre: The parking lot that we see at the lower left corner in the middle, yes? Mr. Traurig: This is the parking lot for the office building owned by Fine, Jacobson, Block. Mayor Ferre: Is that the hospital across the street? Mr. Traurig: No, this is the Barnett Bank Building that you see across the street. This is another office building directly across the street. The hospital is a little further south on Douglas on the west side of the street. Mayor Ferre: Thank you. Mr. Traurig: Initially, when we filed this application, we not only requested the change of the sector number and two variances; not thousands of variances as Mr. Whipple would imply, but two variances. We also filed an appeal of an administrative decision. That was a very significant aspect of our application because the acting zoning administrator. had reached a decision on whether or not we needed to tiX* an application for a variance related to light planes and, related to this transitional lot, which houses this *trim* building immediately to the east of us. We ultimately f 1 :a- 81 A 60 October 25 t 104 4 lip withdrew this application for an administrative appeal and we'd like to talk about it as we proceed here to that you could understand the rationale which impelled us to file the application initially, but at the present time our application relates to a request for a sector change from a sector number of 7 to a sector of 8, which we think is a minimal increase given all of the geographic and other factors that relate to the development of this property. We have also requested two very simple variances. One, a variance of the light plane requirements, which relate very clearly to the same office building and the same set of physical circumstances, which impelled us to file the original appeal of the administrative decision. The other variance is merely to change from three truck base to two truck base. We don't have a series of variances as has been indicated by staff. I would say to you before the presentation really begins, that the Public Works Department and the Dade County Public Works Department, through the Traffic and Transportation Section, have requested we do several things. We concur with all of those suggestions. One is dedication of additional right-of-way on the south and the north side of our property and the other is to eliminate a drive into our property off 37th Avenue. We, in this room, and surely this Commission and this Administration firmly believe that the City of Miami is emerging into a world -class city. To achieve our destiny, we must achieve a series of balances and harmonies, not only of ethnic and racial composition and opportunities, but also of business opportunities and employment opportunities and the location of our facilities, no great city merely has its major facilities in one downtown area, but to serve the various segments of our community, there are a number of locational advantages of other areas. This is one area which we think has the characteristics which will create a --- very special office building corridor. The best and the most popular and the most successful locations for office �- buildings that has been demonstrated in the City of Miami is along major transportation corridors. That's been demonstrated in Biscayne Boulevard and on Brickell Avenue and on Coral Way and we suggest to you that Douglas Road in this area opposite Coral Gables is another great opportunity for development. Douglas Road gives similar advantages to the City of Miami as has been enjoyed by the City of Coral Gables. The City of Coral Gables has not only been a home for multi national corporations because it is a residential community, but also because of its proximity to Miami International Airport and because its transportation corridors are such that people can go to the airport and go to other areas of our community with great facility. We believe that the City of Miami has a great opportunity to develop a very substantial office building corridor along this Douglas Road corridor. We think that logic dictates, therefore, that this Commission encourage such development. We urge you -to take that into consideration, particularly in view of the fact that we have a 70-foot wide transportation corridor here. Mr. Mayor, you asked about the parking lot immediately to the south. I would like you to know that the owners of that building have sent a letter to your staff urging that you approve this application. They perhaps are the most directly affected property owners. There is a letter in your file from Mr. Martin Fine, whom all of you know and who's been an advocate for balanced, Wholesome -' growth of this community and who has a fine reputation for understanding zoning issues and not only has Mr. Fineq our immediate property owner to the south sent such a letter.... Mayor Ferre: Mr. Traurig, excuse me for a moment. Ladies and gentlemen, there are at least 30 or 40 of you that are talking and it creates a problem in people who do want to follow these proceedings. If you need to talk, I would be gI a 61 October 25. 1904 most grateful if you would remove yourself from this room and go outside and you can do all the talking you want there. If you are here in this public hearing on these public matters, I would expect that you would give the speaker who is at the microphone the respect that person deserves. All right, Mr. Traurig, continue. Mr. Traurig: Thank you, I'd like to point out neighborhood influences over this zoning action. I have pointed out to you that the property owner to the immediate south has sent a letter asking you to consider favorably this application. I was about to say that the three property owners immediately south of Mr. Fine, a doctor, a gas station, and a restaurant, the Madrid Restaurant, have also sent letters to staff asking that you favorably consider this application. There is a recognition that this corridor is an outstanding opportunity for the City of Miami. I would like to point out also, and you called attention to it, Mr. Mayor, that this building exists. Not only is there an office building immediately to the east of our property, but there is an office building immediately to the east of Mr. Fine's property. That is a significant thing because we are going to talk about transitional uses. We are going to talk about whether or not light planes ought to be imposed upon this particular parcel of property. That leads us to the appeal and we filed the appeal and why we withdrew the appeal and are asking you to consider not the appeal, but our application for a variance as to light plane issues. The significance of the appeal was that if we did not have to impose light plane restraints upon the development of our property. We would be given an opportunity to develop a design which we will show you in just a minute, which we think enhances the development opportunity on this property, so that the design of our building was the issue, not the size of our building, not the location of our building, not the use of our building, but the design. After we have proposed this handsome building which is only on the south side of our property, it is not on the northerly half of our lot, which right here there is only a very low profile garage, but the south side of our property immediately contiguous to the office building that lies to the east. Staff took the position that Ordinance 9500 and the _ regulations require a step back wedding cake style of development. We felt that the Planning Department and the acting zoning administrator were wrong and we submitted our theses to them in what we thought was a very well documented letter prepared by Mr. Held to advise them that because the adjoining district to the east permitted offices, that we should be relieved of the requirements for that step back, wedding cake style of development. A determination as to who is right was important in our design process because if we were correct, as I indicated, we wouldn't have to seek the variance. So that you can evaluate whether or not what we were doing is egregious and bad, I would like you to know the specific words in the regulations applicable to this. Those words were, "Except where the use in these districts is permissible with the adjoining district." In other words, our interpretation is that if.... Mayor Ferre: Mr. Traurig ... are you in disagreement with that? Mr. Whipple: Mr. Traurig did not withdraw the appeal before the Zoning Board. Mr. Traurig: Pardon me? Mr. Whipple: Didn't you withdraw the appeal of the zoning administrative decision? gl 62 Qcto4e_r 259 1984_ z �,v Mr. Traurig: Yes, we did. Mr. Whipple: Fine, my question was why are we discussing it at this point? Mr. Traurig: We're not arguing the appeal, but we are enlightening the Commission on the issue relating to the variance. Why we had the double issue, why we withdrew the appeal, and so that they can take into consideration that entire issue. Mr. Whipple: Mr. Mayor, I believe the variance items are 11 and 12, which the department has appealed and we're ready to discuss them. I thought we were going to discuss the zoning item before us. Mr. Traurig: May I ask, Mr. Mayor, that we back up a little bit and we incorporate 11 and 12 into this presentation, since they really all relate. I thought that we were going Mayor Ferre: I have no objections to your doing that, unless somebody else in the Commission does. Then, go ahead. Mr. Traurig, at the present time, I want to ask you a very simple, basic question whenever you feel it is appropriate. Mr. Traurig: We're happy to take those questions now, Mr. Mayor. Mayor Ferre: Would you describe to us what the difference is between a CR-2/7 and a CR-2/8. What's the difference between 7 and 8 in the F.A.R. and other differences. Mr. Traurig: The difference in the F.A.R. is an increase from an F.A.R. in the 7 of 1.71, I believe, to an increase in the aid of 2.42. = Mayor Ferre: 2.42. Mr. Traurig: Translating that into specific numbers, if we had a 7, we could build 83,525 square feet. With the 8, we can build 117,519 square feet or approximately 34,000 additional square feet. Mayor Ferre: 34? Mr. Traurig: 34,000, now because we have 9,000 square foot floors, that translates into four additional stories. That means that we now go into a 13 story building. I would like you to know that if you look at that same aerial photograph of Douglas ..Road, that the Barnett Building is the same 13 stories, so consequently we are not asking for height that's inconsistent with the development pattern along Douglas Road. We're merely asking for an additional 34,000 square feet, which will create the same height. Mayor Fevre: Let me ask you this. A 34,000 square foot difference is a 40.9% increase. Is that correct? 3o'Y.'u are asking for a 40% increase in the F.A.R. The logic of it is that across the street you have that kind of density? Mr. Traurig: I haven't measured the density. I wao really relating to height. Mayor Ferre: I was talking about the Barnett Bank. Mr. Traurig: l don,'t know the specific number of squ feet in the Barnett Bank building nor the floor arch rate T w> r 4` RL 63 October 25# of the Barnett Bank. We compared the Barnett Bank as to height with our building and not as to F.A.B. Mayor Ferre: Is there any building in the immediate vicinity of Miami or Coral Gables that has a density of 2.42 F.A.R. at the present time? s r Mr. Traurig: I don't know the answer to that. I don't think that the answer is pertinent, but as long as the Mayor has asked the question.... Mayor Ferre: The question I'm trying to establish is whether or not this is a zone or region of high density, since I think the Barnett Bank, which is a 12 story i building...10 story building? Mr. Traurig: It's a 13 story building, the same as ours will be. Mayor Ferre: I would assume just looking at it, that the footprint of the tower looks fairly similar. Mr. Traurig: Yes, sir, it's very similar to ours, as a matter of fact. I don't know the answer to your question. The City of Coral Gables, I believe, has a number of buildings which exceed what we are requesting. The floor area ratio permitted in Coral Gables is a 3 in that commercial district. Therefore, I am assuming that buildings have been built to that maximum F.A.R., but I am not certain as to what the specific square footages are. Mayor Ferre: The point I'm trying to make, since the other on a totally unrelated matter, I visited with Mr. Ed Russo, who as you know is the Bob Traurig of Coral Gables, and Mr. Russo.... Mr. Traurig: He's got to be better than that. Mayor Ferre: I would say that's aspiring pretty high, but Mr. Russo told me that all of the commercial buildings along Douglas and Miracle Mile are at 3.0 and Mr. David Weaver is in his application, which is about five blocks from here in the Coral Gables area is reaching for a higher density, but it is highly improbable that it would pass 3.0, but the point is that it is 3.0, so allowable across the street is a 3.0. So the 2.42 is within, as I understand it, even though it is a 40% increase over what the department is recommending, it is less than what Coral Gables would permit. Mr. Traurig: That is the premise for our application, that Coral Gables has enjoyed major office development. The City of Miami has denied itself the same opportunity. The City of Coral Gables has a zoning code which permits more density than what you permit presently in the same general corridor and we were asking you to consider what we would consider a modest increase which would not overload and overtax this site. We would then have a 2.42 floor area ratio. Since this Commission has combined those three items on the agenda, I think it is very important to us to get back to the issue of the light plane and the issue of the parking structure. I pointed out to you that offices are located immediately to the east of our property. Not only does the language in your ordinance say, "except where the use in these districts is permissible within the adjoining,dtstrict 1 which we interpret it to mean if we can build an office building and they can build an office building, we have the. same basic juxtapositions and uses, but there hats been the _ development of the eastern parcel with an office bu-jldip:eQ _. that its proof of that permission of the City of Miami . i _ 64 WOW A therefore, say that it's logical not to impose light plane requirements where offices abut offices, because the entire principle of the light plane protections is to protect the residential developments immediately adjacent and not office developments. As I indicated to you, we have what we think is justification in the form of an interpretation of language so that we don't have to build with the light plane requirements, but I would like you to know and I heard questions asked this morning, especially Commission Carollo was asking about these new classifications and this new nomenclature that our old districts, residential office districts do not have those light plane requirements. We have a CR district, which is a more intensive district immediately contiguous to the RG-1/3 and you and your staff are asking that we impose upon ourselves or have imposed upon us the requirements to create the light plane angle which would be normal under other circumstances, if we were contiguous, for example, to existing residential development. We're saying to you that if the RO district doesn't require it, surely it wasn't the intent of this Commission that the more intensive districts contiguous to office developments have that kind of a requirement. We withdrew that application because we thought that time was of the essence. We thought that if we had pursued it, that there would have been an appeal to this Commis;�!:n. on that issue, which would have stayed the rest of our application. We thought that in view of what we thought was a,`me.ritorious application generally, that to proceed with the -appeal of the administrative decision, didn't make any sense from a practical, pragmatic standpoint. So now we're down to three issues. We're down to the issue of whether or not a sector 7 or a sector 8 should be the sector number applied to this property. The Mayor called attention to our neighboring municipality to the west, which permits an 8 in its ... permits more than an 8 in its downtown business core. Our basic premise and our basic theory was that since we have a major transportation corridor, which justifies the development of more intensively developed properties, that the 8 would be justified. I call attention to the fact that what we're doing is increasing from the eighty-three to the one hundred and seventeenth thousand, but it doesn't increase the height of our building. It doesn't in any way affect any residential neighborhood northeasterly of our property either. All that it does is convert our building with 99000 square foot floors to a 13 story building. Let me show you what we propose. This is far more graphic than what I showed you before and it's far more understandable because all of you people have seen this building. This handsome building is at Coral Way between 26th Road and 27th Road. It's the prototype of the building which we propose to build. This is the existing Terremark building, which compliments the area in every way. We think that our proposed building has the same basic design. We know that you could inquire from Mr. Alonso, the architect, regarding that. We think that it's esthetically desirable, that it's a more efficient building than the alternative designs would be. It's of better quality. It preserves considerable open space on the north side of our property, and it's consistent with the design of other buildings to which we have to relate; that is specifically on the west side of Douglas on Coral Gables. I would tell you that we could have utilized other development schemes. We could have made this a shorter, fatter building and spread it across the entire lot; but that monolythic building would not be in the best interest of the City, because concentrating our building on the south side of our lot creating the open space on the north side of our lot and providing the amenity features that we have here, including the additional landscaping thgt. would be generated by our agreement with the Public Works Department, not to have an entrance onto Douglas Road, but merely off the contiguous adjacent street.... si 65 October 25, 1984 43 Mayor Ferret Counselor# it's awfully hard to follow complicated arguments without proper drawings. You keep making statements about things that none of us can visualize. We just don't have that kind of an imagination. You must show us what you're talking about, because there is just no way that anybody can have that good of imagination. Mr. Traurig: Basically, Mr. Mayor, let me go into the site plan characteristics of our development. The north side is over on your left, which is 23rd Terrace. The south side is 24th Street and this is Douglas Road. Initially, it was our intention to have a drive way on to Douglas Road. We have removed the driveway. We have increased the landscaping. We've increased the landscaping in the perimeter of our property and we comply fully with all the landscape requirements. Mr. Alonso, Jr., may I ask you, would you explain the design features to the Mayor, because I think that you could do it better than a lay person can do it. Humberto, may we ask you a question? For the record, I would call on Humberto Alonso, Jr. to explain the site plan, the landscape plan, and any aspect that you may want to know about the light plane issue, Mr. Alonso. The Mayor has asked, Mr. Alonso, if we would explain the site plan and the changes that were made to improve the site plan as a result of our removing the driveway on to Douglas Road and how .we complied with the basic requirements of the ordinance. That's the picture of Coral Way. Here is the picture of the building. We showed this initially so that the Mayor and Commission could see what is proposed and we wanted you to see the comparison with what is already in place. Would you like to address any specific questions to Mr. Alonso? Mayor Ferret Yes, I have some questions. The three issues that are before us, as I understand them... Whipple, you'd better listen. The first one is the question of the F.A.R.; that's item 8. The second one... Wait a moment. Ladies - and gentlemen, again I wish to remind you that we are in a public hearing. There are a lot of people mulling around this room talking. If you wish to talk, would you please leave the room. You can talk outside. We're now on item - number 11. My question to you is on the multi -story structure you have a light plane penetration on the interior side of 7.75. At the intersection of the light plane with plane 2 at the parking garage and 94.42 at the point 69.58 above plane 2 in the infrastructure. What the hell is that all about? Mr. Humberto Alonso: Essentially what we are talking about is the comparison between what we consider to be the requirement for a CR-2/8 with an adjacent office in what is transitional district in the residential vs. the argument that staff.... Mayor Ferre: What is that little building on the side there? Looks like a diner. Mr. Alonso: That is the office building that's existing. Mayor Ferret Oh, the existing office building. I see, now I understand. Mr. Alonso: That's the existing office building here. Mayor Ferret I see, so the question is, the question of light coming in. Mr. Alonso: Correct, the numbers that you see are the numbers that reflect what the penetration is on the supposed 63 degree of the angle of the light plane on the property. al 66 October5�9@4 j t Mayor Ferre: Mr. Whipple, do you want to tell us a little bit about this light plane. j Mr, Whipple: No, 1 would prefer they proceed as they are and then I'll respond; Which ever you want. Mayor Ferre: I would prefer, we are now on the issue, he asked, Traurig said, "Are there questions?" I have a question about the light plane. I've listened to them. I'd like to know what you mean by this light plane. Mr. Whipple: Mr. Mayor, that is the way the ordinance is set up by which adjacent residential districts are protected for unnecessary and obnoxious intrusion by commercial development of the adjacent commercial district. I point your attention to the map. We are talking about a CR district immediately adjacent to an RG-1 which is a duplex district. The zoning ordinance, the new one and the old one, afford protection to these adjacent residential areas by providing either set back and in the case of the new ordinance, the light planes. Mayor Ferre: The question is under an if the Commission were to grant the applicant a CR-2/8, commercial density on this, would this building be in compliance with the light plane, as defined in that drawing? Mr. Whipple: No, sir, because the other two items which you tacked on to this item concern the variances addressing the light plane. They would not be able to meet the light plane with the existing zoning or the proposed zoning. Mayor Ferre: If you would take this drawing that the architect has, would you show it to Mr. Whipple. Mr. Whipple: No, I've seen the drawing, Mr. Mayor. Mayor Ferre: Would you show us on the drawing why it would not meet the light plane requirement. Mr. Whipple: Could I throw a transparency? Mayor Ferre: Yes, that's fine. Mr. Whipple: This transparency simply indicates what the light plane, regardless of the CR zoning or the sector number, what it would be adjacent to residential property. Mayor Ferre: Is the light plane issue only in residential j properties? f ' Mr. Whipple: Adjacent to residential, yes, sir. Mayor Ferre: That's ' f Y why it doesn't come into effect. in Brickell Avenue or downtown. Mr. Whipple: That is correct, sir; plus there are different j light planes established. i Mayor Ferre: Along Coral Way, for example.... Mr. Whipple: The same light plane would apply. Mayor Ferre: We see the Terremark building which is not too dissimilar to that; this is a little bit higher, but.... 'ro Mr. Whipple: If we would like to check the Terrem k building further, we'll find that it complies .With the Set back or the light plane, which ever was applicable at that time, with respect to the residential property to the rear, t i � 67 October Mayor Ferre: It the Terremark building were duplicated here, would it comply? Mr. Whipple. That is difficult to answer. I would assume if they provide the same..,. Mayor Ferre: I'm trying to understand the difference as to why one complies and the other doesn't. Mr. Whipple: Mr, Mayor, I do not have the Terremark figures of set backs in front of me. Mayor Ferre: Any building of a large size, give me an example of where a light plane problem is a serious problem in back of a residential, showing me a case that is acceptable and one that is not acceptable. Mr. Whipple: Well, let me put it this way, Mr. Mayor. If I may use the ... just as a hypothetical, you see where the property line is. Mayor Ferre: Yes. Mr. Whipple: What they are suggesting is no light planes. So, we had no light planes and no set backs involved. You go from plane 1 at the lot line up 80 feet, and then strike an angle of 80 degrees. That means the man next door, be it an office building or be it a single family home or a duplex is going to have an 80 foot wall right the property line. I don't know how more dramatic to illustrate the consequences of the request. Mayor Ferre: I would say that's dramatic enough, but explain it to us so that we can understand it without the drama. Mr. Whipple: Again, they are suggesting there shouldn't be a light plane; that it should not apply because there is an office building next door. Let me just take a minute to explain that office building next door. Under old zoning and new zoning, there has been a provision that where you have a residential lot that abuts a commercial zoning by a side lot line, under the old ordinance, you could use it for one zoning greater and the new ordinance is a little more specific. It says you can use it for a duplex or an office or something like that. That's how the office got next door. However, it was limited and is limited today to the same regulations of that R district, that low density district. They have to provide set backs. They have to meet light planes. They have limited height. They cannot go the 17 or 20 stories proposed next door. They are restricted.. That's the transition. Under these conditions, whether it's an office next door, they could tear down that office and want to build a home or a duplex, or whatever the district might permit. There's no guarantee that number one, we're talking about a CR district, which allows commercial development. They're saying, well, we're only going to build office. Well, offices are going to be built perhaps, but it might be commercial, it might be a high rise shopping center, which we've seen proposals before. There might be commercial development at the lower level, which has a greater impact than office. This is an open district with no restrictions. Mayor Ferre: Excuse me, I don't know what else to dog, Mr Luft, Mr. is that Rosencrantz? and the other people that` continue to talk in this room. This is a bad ro'ama' acoustically. I would be grateful, one more time, if, you need to talk with someone, please step outside. si 66 Qctobor g5 !Al x Mr. Whipple: Mr. Mayor, I think we should go back to the first issue, if I may, just for a moment. That has to do with the change of sector number or change of zoning. The Change of zoning requires that the boards and the Commission meet or review certain considerations. One of the main considerations have been the change in the area, which dictates or mandates or suggests that the zoning is wrong. I suggest to you the question before you today is can I have a sector 7 or shall I add a sector 5 on top and call it a sector 8? There is no basis for that. I would suggest to you that although I am not completely familiar with the Coral Gables ordinances, the buildings that exist in Coral Gables that have been illustrated to you here today are of far less intensity than what is being requested before you. I'd also like to point out with due respect to Mr. Fine, whom I think is an outstanding gentleman, an outstanding attorney, his building was built in compliance. He didn't come in and ask for a sector 8 or a 9 or a 10, nor has anybody else along that corridor. It is not necessary unless you want to abuse the community and the neighborhood. That's what was being requested here today. There's no reason, you have a whole strip of CR-T and all of a sudden we want to spot zone it with a CR-8. Now then, as to the variances that are requested, Mr. Traurig has brought up the appeal. We were very distressed with the appeal because we feel the wording of the ordinance is proper. So, fine, he sought to withdraw the appeal and go with the variances. I would like to know what hardship exists that denies him a reasonable use of the property under compliance of the zoning that's applied to the area. I contend there is no hardship. We want to put two pounds in a one pound bag; that's all they want to do. I suggest to this Commission with the precedent of the variances and its impact on the adjacent residential area and the precedent with respect to the sector change, are very, very serious problems. That's why the department is opposed. Mr. George Campbell: If I may.... -- Mr. Traurig: I haven't finished our presentation yet, Mr. Campbell. Mr. Campbell: I'm sorry. Mayor Ferre: Go ahead, Bob. Mr. Traurig: I think it's important to stress some things. Number one, that the use is permitted and we aren't contiguous to residential development. We're contiguous to an office building. How the office building got there isn't even the issue. The office building got there because the _ ordinance permitted it. It was built and we're saying that the important thing is to protect residential property from unwarranted intrusion into their light plane, but what Mr. Whipple talks about is this wall contiguous to the existing residential area. Number one, we're set back 40 feet from RE property line. Number two, it's not a residential property line. No benefit would be gained by the community if these regulations were imposed on us. We could still build the same size building, but we'd have to build it in that wedding cake fashion. The result of that would be smaller floors and more floors, but we could have the same total number of square feet, if we had that sector. To deny our request would merely force us into a different design, which in our opinion is less beneficial to the community. Without a corresponding benefit to the property owners which Mr. Whipple would seek to protect. We're saying to you that we are suffering a hardship; that a variance ought to be granted because we're being treated unfairly and inequitably i sl 69 October 259 1964 by the imposition of regulations in a more liberal, commercial zone than the RO zone. If we were in a RO zone, if we asked you to change our zoning to 909 we wouldn't have to comply with this. An RO zone permits less uses. We could have everything we wanted, and we wouldn't have to comply with those light plane requirements. We believe that the intention is to protect those residential property owners. The third item that was the issue that was a request for a variance was the issue of whether or not we need three large truck base vs two. We have proposed two truck base for a building of 117,000 feet. We only need two for a building of 100,000 feet. According to the City Code, the additional 17,000 feet would require the third. We have proposed that since our garage would accommodate large panel trucks, that we could accommodate the deliveries to our property through the parking spaces for those panel trucks in our parking structure. Mayor Ferre: I don't follow that. UNIDENTIFIED SPEAKER: Two van spaces at the opposite end of the garage.... Mayor Ferre: How do you unload the truck? Against the bushes? You are going to unload the truck through the bushes? UNIDENTIFIED SPEAKER: This type of van would have a rear door and it doesn't need a dock to load on. This is for the typical delivery truck. Mayor Ferre: I see. Mr. Walter Pierce: We should point out that the applicants ® cannot control what kind of trucks service that building. If they can guarantee that it would always be that kind of van, it's a valid point. Mr. Traurig: We suggest that the third space is _ unnecessary. You only need a third space if you had 199,000 feet. We have only a little bit over 100,000. We're saying that we believe that since this Commission has already granted the same kind of relief a number of times in the downtown C.B.D. district, that surely this is a reasonable request. But in order to make our position even more reasonable, we have proposed additional van spaces within our structure, because the vans are the predominant truck delivery system for this kind of a building. I would like to call your attention to a letter which was sent to us by David Plummer regarding this issue, in which he said that an independent studies have shown that a substantial portion of deliveries involved use vans. These would include Federal Express, Purolator, Southern Bell, and the like. These vehicles can fit into a stall 25 feet in length and approximately 12 feet in width. These dimensions are available within the building, therefore, we're saying to you we will provide for the two large spaces. we'll provide additional parking spaces for the vans, which is, .as I indicated, is the predominant deliver vehicle to be used in a building of this type. I would like the opportunity to address you again, after staff has had a chance to address you. I know Mr. Campbell wanted to speak and I can see MrR Whipple is quite anxious to speak, and we'll get back. Thank you. Mr. Whipple: Mr. Mayor, there are several problems, I think that we might look to Mr. Traurig's commentary that we could reduce the square footage of the floor and we could reduce the height and comply. But no where along the line are,we hearing that. They could do it. That is a fact. The $l 70 October 25, 1984 property Can be developed to a reasonable use. There is do hardship. There is no change of character in the area, f have a problem likening this area to the C9D. I think S.W. 37th Avenue and S.W. 26th or 21th Street is quite a bit away from the CBD by which we might consider eliminating or not providing off street loading. The new zoning ordinance liberalized the off street loading requirements. Even now, at the infancy of the new ordinance with its more relaxed provisions, we're still being faced with variances; variances which are not justified; there's no hardship. It isn't the size of the site or the shape or the area of the site that's causing this request. It's because they don't want to do it within the perameters, and these are basic perameters, minimum perimeters, if you will, of the zoning ordinance. Mayor Ferre: Mr. Whipple, do you have anything else you want to add? Mr. Whipple: Mr. Mayor, fine, no. Mr. Campbell has a few words. Mayor Ferre: Mr. Campbell, quickly, then I want to see if there is any public input and then questions from the Commission. Mr. George Campbell: Mr. Mayor, Commissioners, for the record, George Campbell, representing the Department of Public Works. In this particular case with the loading area, in all due deference to Mr. Traurig and Commissioner Plummer, from the plans that I have seen, the clearance under that deck, the upper deck on there, would not be sufficient for a van. There are approximately seven feet of vertical clearance, which would be considerably less than would be required by a van, even the vans that you see driving around that people use for campers and what have you. The loading areas that have been provided and looking at this carefully, looking at the site plan very carefully, are virtually unusable in that they are up against a wall in both cases. In one case, there is a wall of the rear of the loading space. When I say rear, it's rear from the way you access it. There is no room on site to maneuver a larger vehicle, such as a semi -trailer which would probably would be used for bringing in furniture, large office equipment, and so forth. Certainly they are not going to be bringing in pieces. In addition to this, the loading areas that are shown on the site plan are on either end of the parking structure. The tower is.located at the southerly end, Now this means that a vehicle unloading supplies or furniture or whatever at the northerly end would have to then traverse the entire or at least half of the parking garage to get to the office tower. I submit that this is not a reasonable thing. They are not going to do it. The practicalities of it are that the service vehicles, the supply vehicles would all be at one end of the building. They will not be able to effectively use the stalls that are there for loading, and the van stalls within the building that are so graciously offered would not be acceptable or be usable by the vehicles such as the post office; it can bring some larger vehicles around; United Parcel Service; that type of delivery. So from our point of view, the variances requested for the loading zones are not acceptable. As far as the streets and the dedications, that's fine, we gave away ice to the Eskimos too. Those are things that are required by the. Code and we graciously accept them. Mr. Whipple: Mr. Mayor, I'd like to add one point if I mAy4 I would like you and the rest of the Commissioners to consider what Mr. Traurig indicted and whether it*s e_,fact by the plan that they are setting back that tower, that el 71 October 259 1904 1atL' 170000 or 180,000 or 190,000 foot tower a distance of 40 feet. I'd like you to just consider a 40 foot set back next to your home or your lot line 160 to 190 feet high. It you feel that's a sufficient set back, I say fine. But what we're saying is that the ordinance dictates an additional set back than that and of course, we feel that additional set back is required. Mr. Traurig: I'm going to wrap it up very quickly. All of the issues that were presented here today were presented at great length and well by the Planning Department before the Zoning Board. They were fully debated and I'm happy to advise you that Ms. Basila and Messieurs Gort, Romero, Sands, Luaces, Freixas, and de Yurre voted in favor not only of the change from the sector 7 to the sector 8, but the variance as to the light plane issue and the variance as to the parking spaces. With regard to the parking spaces, the proposed developer is an experienced developer who has built within the City of Miami and the City of Coral Gables and has reached the conclusion that the two major spaces and the two van spaces are adequate. With regard to the light plane issue, I think we've discussed this at too great a length already. Regarding the sector 8. I think that you, Mr. Mayor, have made it very clear that to be competitive and to enjoy the same benefits that the City of Coral Gables has, because of the proximity to the airport, etc., we ought to have major development on this major transportation corridor. We urge you to approve this in accordance with the recommendations of the Zoning Board. Mayor Ferre: Mr. Traurig, explain item 12 and this question of the 30 foot length and 10 foot width vertical clearance on parking. Nobody explained that. Mr. Gary Held: Mr. Mayor, are you asking about the vertical clearance of the van spaces? Mayor Ferre: Is that the only things that are at issue here, the vertical clearance of the vans spaces? Mr. Held: Well, in response to Mr. Campbell's comments that the vans would not be able to fit into the building. Mayor Ferre: That was not my question. I'll rephrase it for you. We have not consulted 8, 11, and 12. In item 12 you are asking for the reduction of off street loading stalls from 3 to 2 and subject to obtaining a class C special permit for the reduction of stall dimensions to not less than 30 feet in length, 10 feet in width, and 10 feet vertical clearance. I want you to explain that in simple laymen's language. _ Mr. Held: - The Ordinance 9500 permits by class E special permit that the loading spaces, instead of being 12 feet by 35 feet, can be reduced to a size not less than 10 feet by 30 feet. Mayor Ferre: Thank you. Mr. Whipple: But they are asking for the elimination of one of those required spaces completely, and if I may comment, they cited several types of delivery trucks, they use vans, Almost all deliveries use vans, but not all United Parcel comes in a van. Not all Coca Cola comes in a van. Therefore, there is a definite need for the required off street loading area of proper size. Mr. Traurig: Which we have provided by providing the two spaces, which we think are adequate, but we have the supplementary space$ in case they are ever needed during the day. .' ell 72 petobor 25, 1944 Mayor Ferre: Fine, we now get into the question period. I'm sorry, public input. Is there anybody in the audience who wishes to address items 8, 110 or 12? Nobody here wishes to address items 8, 119 or 12? All right, now we get to questions. Mr. Plummer: Mr. Whipple, I heard the statement of Mr. Traurig that this building could be built at this location with the same square footage as they are proposing. Would you comment on that, please? Mr. Whipple: Mr. Traurig stated it. I'd have to let him answer. I believe there would have to be that you could not without completely violating, as they are requesting, the light planes.... Mr. Plummer: No, excluding the light planes. If the light plane did not come into play, that they could build a building here the height that was requested and the square footage as proposed. Is that a reasonable statement? Mr. Whipple: No, sir, I do not believe so. Mr. Plummer: How do you disagree with that statement? Mr. Whipple: The size of the property initially, shape and depth as you will notice, we are faced with the problem that we discussed this morning being strip commercial; strip commercial being limited in depth. We are probably talking about 100 to 110 feet, something in that area, maybe 120. To build ... mind you 120 feet ... to build a 200 foot high building.... Mr. Plummer: You just blew it. Mr. Whipple: Did I blow it? AT THIS POINT THERE WAS DIFFICULTY WITH THE AUDIO SYSTEM. Mr. Whipple: To build a building 200 feet high or 180 feet high on a lot that is only 110 or 120 feet deep, you just can't do it without degrading or throwing out all regulations and all protection for the surrounding community, be it on the streets or be it on the adjacent residential property. Mr. Plummer: Legally, can -as I understood his statement- he could build there what he wants to build, the height and the square footage, if the light planes were not in consideration. I'm asking you as the zoning, not what you feel about. the surrounding, not what you feel about the strip, is his statement a true statement? I ask again. Mr. Whipple: No, sir, I don't think it's a true statement, because I cannot differentiate between the three, two requests primarily. You say, well, fine, throw -out, the light plane, forget set back*, oh, yes, he could build it. If you throw them out, he could built it. He can't build it meeting the ordinance as it exists today and he couldn't'. even build it, if he got to sector 8. That's my opinion.` Mr. Plummer: How much difference is there between: this building as proposed and the Barnett Bank across the street.? Mr. Whipple: Do you understand I have to do this strictl from Memory. It you'll remember the Barnett Bank across.a#�a street, I would say that form the back of the tower# ,, ,it extends westward, the parking structure, I Maulo any. 0 site extends at least 200 feet to the west, in other words, sl 73 QotQbdr assuming they had the same 100 foot strip frontage, they evidently had a commercial or office zoning, which extends another 200 feet, which allowed that office structure to be built. We're not talking about 100 feet. We're talking about 300 or more feet on that Barnett Center. Like I say, I'm just going from the way I viewed it going by. I'll be glad to check it out. But you do remember there's a parking garage out there, and it's at least 200 feet, if not more. Mr. Traurig: Yes, I'd like to clarify some issues. First of all we don't have a 200 foot building. We have a roof at 171 feet, paraphets is at 176. The top of the slab is 184 feet. In our study as to the height to which we could go utilizing the light plane that we think would apply, we can go to an additional 8 to 10 stories on this building. Assuming that we're correct about that, we would merely be converting what he would take from our floor sizes and produce additional stories and consequently we would have a much more massive building than we're currently proposing. The issue, Mr. Plummer is that, as I indicated, we're asking for 1179000 plus square feet, which is approximately 34,000 feet more than the sector 7 and we could build either the sector 7 or the sector 8 at this additional height because there is no basic height limitation. It's all controlled by this light plane angle. Mr. Whipple: If there's no light plane angle, there is no height; he is absolutely right. So therefore, he could go to the stars, you know, which is height. That's right. There is no absolute height control in any of our commercial districts. We rely on the regulation that afford the protection to the abutting properties, i.e., light planes or set backs or things of that nature. Whatever can be done within those regulations, then fine. When he's saying that, he's saying yes, he can go to any height, but no light planes or no regulations. I was corrected in that it was 186 feet instead of 200. That means he could go 340 set back if we're not going to have light planes or other appropriate regulations to protect the adjacent streets or the abutting properties. Mayor Ferre: Mr. Plummer, may I put this in its most simple terms? All of us know that the more liberal districts have the more liberal regulations. The RO district is an office district. We could build this building in an RO district. The RO district doesn't even require this kind of light plane constraint. We're suggesting to you that if the less liberal district doesn't require it, certainly the more liberal district ought not require it and particularly in an area where the basic development pattern has already been established and we say that's Douglas Road. Thank you. Mr. Whipple; Mr. Mayor, I'd like to correct something that I meant to correct earlier. Mr. Traurig is suggesting, which they have suggested for quite some time, that because the transitional requirements, which I explained earlier, permit a limited office structure when a side lot line directly abuts a residential district, the ordinance says that you may have an office abiding by the limitations and the controls of that residential district. It does not say that you can have use permitted in an RO. It says you may have an office use under certain conditions and certain restrictions. What he's trying to tell you is that because of this, because an office is permitted, it's tantamount to an RO district; and it's not. That's not what the ordinance says at all. It was never intended that way. It says you may have an office if you'll abide by the same restrictions of which a residential use would have to abide by in that district, limited to 25 foot of height, subject to a 12 foot light plane, subject to 43% coverage, subject a K 31 74 October 25 1984 1 00 to set backs. That is not the NO district. He's trying to tell you that because he has an NO next door, which he doesn't. It's just like his office building that he's building in a commercial district, of which there's no restrictions; it's zoned CR. He can put a bar in there. He can do any of this CR-192,or 3 uses that I explained to you this morning. It's not restricted to an office. He's saying well, we're going to build an office. Well, fine, there's no guarantees there. Once you've got the zoning, once you got the approval, it could be anything. So there's no real comparison to this NO district vs. the CR and office next to office. I might just point out, Aurelio, if you'd put the other map back on, that the office that they're talking about and of which Mr. Traurig's aerial will show you is in that white area behind the yellow area. They have to take advantage of the transitional use provisions of the ordinance. Note the property to the north; the red, the objectors, the residences, they have not taken opportunity of going to a transitional. Mr. Traurig is saying, well, you know, fine, you just forget any protection this residential area and go from there. We feel that's absolutely wrong. Mr. Traurig: My last statement, number one, our office building is on the south side of the block, it's not next to the red; it's next to the white. Number two, I didn't say that the area of the white was an NO area. It's obviously an RG-1/3, which permits an office building because of the transitional development. What we're saying is that if our property, instead of being a CR were an NO, we wouldn't have the light plane requirements. We urge you to approve this in accordance to the recommendations to you from the Zoning Board. Thank you. Mr. Perez: Do we have any other questions from the members of the Commission? We don't have any questions. We have a motion? Do we have any motion on this issue. Mr. Carollo: Mr. Vice Mayor, I don't know about the rest of you, but I'm quite familiar with that neighborhood. I grew up just a few blocks from it. Frankly, while there were some other areas today and in the past few meetings that we discussed that projects such as these, I would have reservations whether they would be appropriate or not. This is one area that is certainly appropriate. It's just a few blocks from the entrance of Miracle Mile. It's just a few hundred feet, if that, from the new Barnett Building. If there is an appropriate area in 37th Avenue, it's that area there that is within reach of the entrance to Miracle Mile, one of the main downtowns and shopping areas that we have in Dade County. So I have no reservations whatsoever in approving the recommendation of the Zoning Board in upholding it. I make a motion that we approve item number 8 and that we uphold the recommendation of the Zoning Board. Mr. Plummer: I second the motion. Mr. Perez: Motion and a second, do we have any other comment? If not, call the roll. Mrs. Hirai: It's an ordinance. Mr. Perez: We have to read the ordinance first, no? Do we have to read the ordinance? Mr. Plummer: Mr. again, I thought we wishes to speak on record reflect that to speak. Vice Mayor, we are cautioned to once did, is there anyone from the public who the item before us, number 87 Let the no one came forth or indicated a desire si 75 October 259 -- �.OFr . Mr. Dawkins: Did not we combine 89 99 10 and 11? Mr. Carollo: No. Mr. Plummer: Yes, but we have to vote on them individually. Mr. Carollo: 8, 119 and 12, correct, Mr. Whipple? AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF CITY ZONING ORDINANCE 95009 BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 2351 SOUTHWEST 37TH AVENUE MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM CR-2/7 COMMERCIAL -RESIDENTIAL (COMMUNITY) TO CR-2/8 COMMERCIAL_ RESIDENTIAL (COMMUNITY) BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 39 SECTION 3009 THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo and seconded by Commissioner Plummer and passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and stated that copies had been furnished to the City Commission and that copies were available to the public. --------- ------------------ -----w---N--wN--N-N--------- NOTE FOR THE RECORD: Although absent during roll call, !Mayor Ferro asked of the Clerk to be shown as voting with the emotion. 26. GRANT APPEAL AND AFFIRM DECISION OF THE ZONING BOARD IN GRANTING A VARIANCE TO PERMIT CONSTRUCTION' 'OF MULTI- STORY OFFICE STRUCTURE TO BE LOCATED AT 2351 S.M. 37 AVENUE KITH LIGHT PLANE PENETRATIONS AT:,INTERIOR SIDE LINE. ----------i-.�w�w-�--w----�-------w-w� w 71rw-w-N--ww--Nwwww-�..�. Mr. Perez: Now item 11. Mr. Carollo: I so hove. Mr. Plummer: I second record that you knows Coral Gableat but what the motion and I want to add into the it'd strange, I love my colleagues in they have tried to do is to take all ,.r of their tall buildings and starve off the City of Miami so they don't have to look at us. This building, if I am not mistaken, equates to the same height as that of the Barnett Bank which is across the street. I do not accept the factor that this is strip zoning, because across Douglas Road is in fact the same as what we are doing here and in the other locations. I understand the idea of boundaries *and that as far as the City is concerned, if you look at it and close your eyes across the street, it is a different municipality; but I don't think that this building, knowing that it would be a beautiful office building, I think it is very appropriate in this location. Mr. Whipple: Mr. Commissioner, if I may. Mr. Plummer: Excuse me, is there anybody for the record, that wishes to speak on item 11? Let the record reflect that no one came forth, nor anyone expressed the desire to speak on item 11. Mr. Whipple, you wish to add a comment? Mr. Whipple: Just a brief comment, we're adding on to the granted intensity by the use of variances if this item is approved. Mr. Plummer: Mr. Whipple, I will tell you, sir, for one member of this Commission, that I think that Douglas Road is an ideal location for office space. It has been proven by the City of Coral Gables that Douglas Road is an ideal location. It is on a main thoroughfare. It has good access. I want to tell you that my concern is that whatever is done there we are done proud. Mr. Perez: Now read the ordinance. Mrs. Hirai: No, it's a resolution. Mr. Perez: It's a resolution, O.K., call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 84-1205 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD GRANTING A VARIANCE FROM ORDINANCE NO. 95009 AS AMENDED, ARTICLE 209 SECTION 20169 SUBSECTION 2016.3 AND SCHEDULE OF DISTRICT REGULATIONS, PAGE 3 OF 69 TABLE 4, HEIGHT ENVELOPES BY LAND USE INTENSITY SECTORS, LUI SECTOR 8 TO PERMIT CONSTRUCTION OF A MULTI -STORY OFFICE STRUCTURE TO BE LOCATED AT 2351 SOUTHWEST 37TH AVENUE, ALSO DESCRIBED AS LOTS 46 THROUGH 51 INCLUSIVE, BLOCK 79 MIAMI SUBURBAN ACRES AMD (4-73), AS PER PLANS ON FILE, WITH LIGHT PLANE PENETRATIONS AT THE INTERIOR SIDE LINE OF t 7.75' AT THE INTERSECTION OF THE LIGHT PLANE WITH PLANE II IN THE PARKING GARAGE AND t 94.42' AT A POINT 69.58' ABOVE PLANE II IN THE OFFICE STRUCTURE (NO LIGHT PLANE PENETRATION ALLOWED); ZONED CR-2/7 COMMERCIAL RESIDENTIAL (COMMUNITY), PROPOSED TO BE ZONED CR-2/8 COMMERCIAL RESIDENTIAL (COMMUNITY), SUBJECT TO THE APPROVAL OF A CHANGE OF ZONING AND WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. eI 77 October F' Z: (Mere 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 Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. ------------------------------------------------------------ NOTE_ OR THE RECORD: Although absent during roll call, Mayor Ferre asked of the Clerk to be shown as voting with the notion. ----------------------------- --------- --------N--------- ------------------------------------------------------------ 27. GRANT APPEAL AND ►FFIRM ZONING BOARD GRANTING OF VARIANCE TO PERMIT CONSTRUCTION OF MULTI -STORY OFFICE STRUCTURE MITE REDUCTION OF OFF-STREET LOADING STALLS AND SUBJECT TO OBTAINING SPECIAL CLASS "CO PERMIT; ETC. -------------- ------------ -------- -------------------------- Mr. Perez: Item 12. Mr. Carollo: I make a motion that we uphold the Zoning Board's recommendation. Mr. Plummer: I'll second it for discussion. My understanding is the ordinance calls for three zoning bays that are 12 by 35. Is that correct? Is it my understanding from that which I saw in the diagram that you are reducing the size of two, but adding space for two vans. Mr. Traurig: Rather than creating three, we're creating two and we are adding two and we're adding two van spaces making a total of four. Mr. Plummer: That's what I'm getting at, O.K. Mr. Perez: : Does anyone wish to speak on this issue. Let the record reflect nobody wanted to speak. Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 84-1206 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD GRANTING A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, ARTICLE 209 SECTION 20239 SUBSECTION 2023.4, TO PERMIT CONSTRUCTION OF A MULTI -STORY OFFICE STRUCTURE TO BE LOCATED AT 2351 SOUTHWEST 37TH AVENUE, ALSO DESCRIBED AS LOTS 46 THROUGH 51 INCLUSIVE, BLOCK 79 MIAMI SUBURBAN ACRES AMD (4-73)9 AS PER PLANS ON FILE, WITH A REDUCTION OF OFFSTREET LOADING STALLS FROM 3 TO 2 AND SUBJECT TO OBTAINING A CLASS C SPECIAL PERMIT FOR THE REDUCTION OF STALL DIMENSIONS TO NOT LESS THAN 30' IN LENGTH BY 10' IN WIDTH BY 10' OF VERTICAL CLEARANCE; ZONED CR-2/7 COMMERCIAL RESIDENTIAL (COMMUNITY), PROPOSED TO BE ZONED CR-2/8 COMMERCIAL RESIDENTIAL (COMMUNITY), SUBJECT TO THE APPROVAL OF A CHANGE OF ZONING AND WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (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 Joe Carollo Commissioner Miller J. Dawkins -- Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. ------------------------------------------------------------ �OTE FOA =HE RECORD: Although absent during roll call, Mayor Ferro asked of the Clerk to be shown as voting with the motion. ------------------------------------------------------------ ------------------------------------------------------------ 28. AUTHORIZE AMENDMENT TO CONTRACT WITH "STADIUM MANAGEMENT CORPORATION" FOR USE OF ORANGE BOWL STADIUM FOR' TOR JACKSON VICTORY TOUR PROVIDING FOR INDEMNITY AND `MOLD HARMLESS AGREEMENT IN FAVOR OF THE CITY; RTC. Mr. Plummer: Mr. Vice Mayor, do we know how long before the Mayor will be back? I had a tremendous request and if it I a possible, it is now complete on the Michael Jackson concert. The Mayor said that I could bring it up, so all or th$fe people could meet their deadlines. Oh, here he is now, Mr. Mayor, let me understand with my fellow CoAapaissioners, brought out this morning.... 61 79 QctQbjtrr 2,§,# 4l 4 Mayor Ferre: J.L., excuse me, will the Clerk, with the permission of the Commission, show my voting with the majority on the issues so that the record will show it as unanimous, please? Mr. Plummer: Mr. Mayor, you know that the stumbling block has been with the Michael Jackson concert as to indemnifying the City from any law suits or any loss. The two primary principles of the university and the Dolphins have expressed their great concern about the safety. They have, in fact, understandably so, refused to give an indemnification to the City. What was worked out with the concert of the university, Mr. Robbie, and the promoters, in liue of that indemnification to provide this City with an insurance policy of $150,0009000. Mr. Mayor, the other problems, I have been informed by the University of Miami that they have reached an accord with the promoters and likewise that of the university. There will be, I'm sure, an announcement by the University of Miami in reference to a scholarship fund. I also, Mr. Mayor,, would like to tell you that item is between the university and the promoters, and Mr. Robbie and the promoters, but what this Commission needs to approve is accepting this insurance policy in lieu of the requirement put forth in the original contract. Instead of indemnifying the City from the two t-1-ams that this policy would cover the City. Mr. Mayor, you put forth three requests. Number one, that the company that wrote the insurance policy would be a reputable company. I have here a list by which Risk Management of the City of Miami have indicated that they are in accord. Second of all, you asked ... What was your second request? Mayor Ferre: The three request were: one, that we have a proper indemnity at a proper amount of a major corporation; two, that it meet.... Mr. Plummer: Risk Management, the City Attorney, which it has. Mayor Ferre: ...the insurance management, Risk Management and the City Attorney; and three, that we get a statement from the University of Miami and from the Dolphins that they welcome, a statement that they welcome the Michael Jackson concert. I noticed that in the paper this morning, Mr. Blas or Paas or whatever.... Mr. Plummer: Pass. Mayor Ferro: .,,,Paa3, of the Miami Dolphins, said that was a silly request. The reason why I want that statement in there is because it is my understanding that Mr. Joe Robbie has made that statement to his friend, Mr. Sullivan, the owner of the New England Patriots. I don't want him to keep it a secret. I would like for the record to reflect that the Dolphins and the University of Miami have...they will not waive, I understand that, but on the other hand, they are not unfriendly to Michael Jackson. I don't want, should there be an accident, because of the field or any other condition, for then to come and turn around and say that the City of Miami has done something unilaterally, arbitrarily, and without their input of any kind. They should be formally telephoned by Mr. Cesar Odio or Mr. Eads, whomever it is, that is to make that phone call. We just want a simple statement. I don't want anything elaborate, just simple. Mr. Plummer: Mr. Mayor, subject to that incorporation, which we are given reason to believe by Mr. Bonnert, at the University of Miami, who has spoken to Mr. Paas. They are el 80 00Q109r 25, 19'$4 E a forwarding the papers to New York for signature. Let me say to you, I recommend to this Commission that we accept this alternate of the insurance policy of $15090009000 as An alternate to the original contract. Mayor Ferre: Tea, sir. Mr. Plummer: That is subject to, Mr. Mayor, other conditions that seem to be of no problem, but they ... to remind this Commission, they have provided us with $50,000 maximum for any and all repairs to the field; $150,000 for a cancellation; and also they have to provide us an indemnification from the City of Jacksonville, who had an exclusive right for the State of Florida. Those seem to be absolutely no problem. Jacksonville has agreed that they would issue such. So Mr. Mayor, I would move this in the form of a resolution. What is the wording I want? Mrs. Lucia Dougherty: You'd approve a resolution authorizing the City Manager to accept and to execute an addendum that is acceptable to the City Attorney and make this as an accomplished fact for the record. Mr. Plummer: That is exactly what I wanted to say, Mr. Mayor. I so move. Mayor Ferre: Is there a second? Mr. Carollo: Second. Mayor Ferre: Is there further discussion on this item, as presented before this board? Call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 84-1207 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE CONTRACT DATED OCTOBER 169 1984 BETWEEN THE CITY AND STADIUM MANAGEMENT CORPORATION, RELATING TO THE USE OF THE ORANGE BOWL STADIUM FOR THE JACKSON VICTORY TOUR; SAID AMENDMENT PROVIDING FOR INDEMNITY AND HOLD HARMLESS AGREEMENT IN FAVOR OF THE _ CITY FROM SAID CORPORATION FOR INJURIES SUSTAINED ARISING FROM DAMAGE TO THE FIELD OF THE ORANGE BOWL STADIUM CAUSED BY THOSE CERTAIN CONCERTS HELD PURSUANT TO SAID CONTRACT; FURTHER WAIVING COMPLIANCE BY SAID CORPORATION OF SECTIONS 13, 30 AND 31 OF SAID CONTRACT, PROVIDED THAT SAID CORPORATION TAKES SUCH STEPS TO PROTECT THE STADIUM FIELD AS IS REQUESTED BY THE STADIUM'S ADMINISTRATOR; FURTHER RATIFYING, APPROVING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN EXECUTING THE OCTOBER 16, 1984 CONTRACT. (Here follows body of resolution, _ omitted here and on file in the Office of the City Clerk.) al 81 October 95 J'� a Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 1, one belonging to Ms. Marks. Such a wall would rise to within 2 inches of the top of four windows on the north side of her apartment. In addition to reducing the light, there would be no circulation of air and the wall would reflect ------------------------------------------------------------ 29, INTENT BY COMMISSIONER MILLER DAWKINS TO BRING UP THE ISSUE OF HOYARD V. GARY (TEMPORARILY DEFERRED) ---------------- ----------- ------- ------------------ -------- Mr. Dawkins: Mr. Mayor, may I have a point of special privilege, please? Mayor Ferre: Yes, sir. Mr. Dawkins: I've had calls all this morning and newspapers ask me, and I told them that as soon as we had a full Commission, I would find out. It's been rumored all over town that Howard Gary would be dismissed at this Commission meeting, and I would like to know now if it's true. If it is, let's do it; if it's not, then let's put the rumors to rest. Mayor Ferre: I would say to you, Commissioner Dawkins, that at this time, we are in the midst of the zoning meeting, and that we are going to be dealing with that right now. Mr. Dawkins: I beg your pardon? Mayor Ferre: That is what we're dealing with now. I'm not ready to discuss anything else. Mr. Dawkins: I asked for a point of special privilege. You gave it to me and now you're taking it back. .Is .that what you're saying. Mayor Ferre: No, sir, I recognized you on the point of personal privilege. I just choose not to answer personally your question. I am now on item 13. INAUDIBLE BACKGROUND COMMENTS FROM THE AUDIENCE NOT ENTERED INTO THE PUBLIC RECORD. (CHANTING - CLAPPING - BOOING) Mr. Dawkins: There's nothing to speak up for. The fgyror said hole not gains to recognise my answer.. Thst!a.-xjl have to do. There's nothing we oan do, s INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. (CHANTING - CLAPPING - BOOING) Mayor Ferre: Senator, with all due respects to everyone here, I will not deal with this issue at this time. We're going to do this in an orderly fashion. We're dealing with an agenda and we're going to stick to that agenda. Otherwise.... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. (CHANTING - CLAPPING - BOOING) Mayor Ferre: Absolutely not! We are now on item 13, which is the appeal by objections, City of Miami, Donald Stuart at 2200... I will not recognize anybody for any purposes other than the agenda. Mr. Carollo: That's what I'm referring to, Mr. Mayor. Mayor Ferre: We are dealing only with agenda items. Go ahead. Mr. Carollo: Mr. Mayor, any City cannot be ruled by mob rule. Mayor Ferre: Mr. Carollo. Mr. Carollo: I, for one, am not going to let forty, fifty, sixty people try to disrupt.... Mayor Ferre: Mr. Carollo, you are out of order, sir. Mr. Carollo: ....an official City of Miami Commission meeting. Mayor Ferre: Mr. Carollo, you are out of order. We are dealing only with the agenda. I am now on item 13. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. (CHANTING - CLAPPING - BOOING) Mayor Ferre: Mr. Manager, it is responsibility as Manager of the City.... your duty and Mr. Dawkins: It's the Mayor's responsibility.... Mayor Ferre: Administration sir. ....to seek orderly process here. The is responsible for the Police Department, Senator Carrie Meek: Mayor? Don't we deserve to be heard, Mr. Mayor Ferre: On item 13? I will recognize only, Senator. I will not recognize.... Senator Meek: I respect you very highly. member of this Commission. you for item 13 I respect every Mayor Ferre: I do not recognize you for any other issues, Senator, other than item 13, which is the agenda item. We are on an agenda. You are a member of the Florida Senate, You know that there are rules of procedure$ that you follow, eI 83 October 25. 19$4 ' x P 2 F*' i i and I want to tell you that there are rules and procedures in this body, Senator Meek: I respect that, but I also respect our City. I respect the fact$ Mr. Mayor.iii Mayor Ferre: Thank you, you are out of order, Senator, I'm sorry. Senator Meek: ....the future of our City is more important — than the agenda. Mayor Ferre: I think you are out of order, Senator. rirr r i.i�.t.i.iiii..it.=d.i#=irr rr r�M.wr r.i.6�i�iiiilYiiilr 30-DENT APPEAL b AFFIRM GRANT OF SPECIAL EXCEPTION IN 95009 AS AND, SCHEDULE OF DISTRICT REGULATIONS, ETC, TO PERMIT ADDITION OF MAJOR STRUCTURE I/ DAVID T. KENNEDT PARK. �rrrrrrrrrrrrrrrrr�rr �rrrrrrrrr�rrr►r�rrrr�rrrrrr�r�r�rr�r�rr Mayor Ferre: We are on item 13. This is an appeal by objectors of the president of the Coconut Grove Civic Club, Joanne Holshouser I will now recognize the City of Miami on this issue. The Planning Department recommended approval and the Zoning Board granted it 6:2. Mr. Richard Whipple: Mr. Mayor, members of the Commission, the Planning Department recommends this improvement in Kennedy Park and to present to you the improvements to be made Juanita Shearer from the Parks Department and Carl Kern of the Parks Department and others that they may introduce. Mr. Carl Kern: Mr. Mayor and Commissioners, Carl Kern, Director of Parks and Recreation. This is a project to stabilize the shoreline of Kennedy Park and to build a small walk way and boardwalk in Kennedy Park. I'm going to introduce the people from the County, who are funding the program. We have $200,000 from a Biscayne Bay aquatic reserve and $50,000 from a private individual, Mrs. Wilder for a total project $250,000. At this time, I would like to introduce Juanita Shearer, the Project Manager. She'll briefly summarize this project, Juanita. Mayor Ferre: I would like to request order in this room. Those of you that need to talk, I would ask that you step out, please, and do your talking outside. We are now in an orderly meeting and this is a City that is going to follow the rules of order and law. Would you continue, please. Mr. Ed Swakon: Mr. Mayor, members of the Commission, my name is Ed Swakon. I'm here today representing Dade County's Department of Environmental Resources Management. I'd like to just take a couple of minutes and explain a little bit about the background of the program for which this project is being funded. Then I'm going to turn it over to Juanita Shearer who will explain the specific project in detail. This project is part of the over all Biscayne Bay Restoration and Enhancement Program, which is primarily a State funded program, which began in 19T9. The program, as constituted, has four main elements. That is to improve our understanding of Biscayne Bay, improve bay habitats, improve public awareness, and improve bay access. Similar projects and projects associated with the Biscayne Bay Restoration and Enhancement Program include the Dade County Artificial Reef Program, the Bay Clean-up Efforts, and the project constructed at North Bayshore Park and the City of North Miami. Kennedy Park was selected as a site for a combination public access, habitat, and public awareness project in early 1982 by the Biscayne Bay Management Committee. Dade County subsequently entered into an agreement with the City of Miami in 1983 whereby Dade County would provide $200,000 for the project and in return would obtain all the permits. The City would act as the design consultants and would also supply $509000, To date, we have received approvals or permits from the State Department of Environmental Regulation, State Department of Natural Resources, and the Army Corp of Engineers. A Dade County Permit is contingent upon today's action. We believe that the project that we are proposing for David Kennedy Park is of vital importance to the over all Biscayne Bay Restoration and Enhancement Program. We urge you, the Commission, to support that recommendation of the Zoning 101 85 October R50 1984 0 Board. I'd like to have Juanita Shearer from the City's Park Department explain the project in a little bit more detail. Both myself and Toni Clemente from the department are available, if you have any questions. Ms. Juanita Shearer: The shoreline restoration enhancement project that is currently before you, Mr. Mayor, members of the Commission, shows a stabilization along the north and south peninsulas of Kennedy Park with a short connection between those two peninsulas and a marginal board walk along the southern peninsula that will allow people to get out clouer to the water's edge. When we began this project last year, we worked with Dade County and... When the project was initially begun, we had undertaken a far more intensive development along the shoreline, and we began working, particularly with members of the community directly adjacent to Kennedy Park, those who live on Rockerman Road Drive, they felt that the project was too extensive and as a result of our working with them, we went through a series of changes, which we have shown below, the project was initially far more extensive and was gradually reduced so that the impact of additional use in the park would not negatively affect their homes and the ambiance of their environment. As a result, we developed the final plan, which we are here today seeking your approval of. Also joining us on this project is a member of the Rockerman Road Home Owners Association, who would like to present his ideas in favor of this project, Mr. Press. Mayor Ferre: Would you please give the speaker room to speak in. We are only dealing with the agenda item and we will continue to deal with the agenda item until we conclude them. Mr. Jack Press: Mr. Mayor, Commission, my name is Jack Press. I live at 3566 Rockerman Road. -------------------------------------------- --------- NOTE FOR THE RECORD: The Mayor requested the City Manager to instruct the proper officials to keep order in the audience. ------------------------------------------------------------ Mr. Press: I represent the Rockerman Road Home Owner's Association. Our properties adjoin the Kennedy Park. We are in favor of the proposed project as submitted by the City of Miami Park Department and also approved by the Planning and Zoning Board on September 17th. My home owner's association has had numerous meetings with the City of Miami Parks, their designers, and with D.E.R.M. We developed a plan that did not adversely impact Kennedy Park. The improvements will enhance the park, open the bay to the public without affecting the ecology and open the view to the public in general. We ask you to approve the plan, and we look forward to seeing you in the park and enjoying the most beautiful vistas in the City of Miami. Thank you. Ms. Juanita Shearer: Mr. Mayor, Mrs. Holshouser, who filed the objection to the Zoning Board's hearing is here and would like to make a presentation, Mrs. Holshouser. Mrs. Joanne Hane Holshouser: Thank you very much. Joanne Holshouser, 4230 Ingraham Highway, Coconut Grove. I'm President of the Coconut Grove Civic Club. I want to thank Ms. Shearer and Mr. Clemente and the others for working so hard on this. We did have a number of meetings, also Carl Kern was involved. It's been very gratifying to have so much cooperation on this. We are very pleased with most of it. The only two items that I would like to talk about very briefly and it's the basis of our protest is that we do not wish to have an artificial bridging of the little inlet. I sl 86 October 25, 1984 A believe this is one of the few -if I can call it a creek - this is one of the few creeks that urban kids can see. We don't see any purpose. There is a way to get across here. It's not that far to walk around. We'd like them to modify that. I'm willing to accept the negotiation that they can put these out here. We'd rather have a pier. If they want to put this, we're willing to accept this. We would like to have the mouth of the creek left alone. The other thing is we're spending $1099000 for a construction material - $107,000 for terrafix. We would appreciate it very much if we could look into it. We believe there are design alternatives -I think $300000 something is an unconscionable amount to spend on this project. We'd like to help you all reduce it by another $50,000 or $75,000, but we appreciate the willingness of these people to negotiate. We'd just like to negotiate, please, one step farther and leave our creek open. Thank you very much. Mayor Ferre: Thank you very much. Questions from the Commission? Are there any other public speakers on this item 13 as opponents or proponents? Are there questions now from members of the Commission? Are we ready then to vote on 13? What's the will of this Commission? Mr. Plummer: Mr. Mayor, it seems like she who took the appeal is now in accord and thinks that it's a good idea. Am I correct? Mrs. Holshouser: With those reservations. Mr. Plummer: Really in fact, the appeal does not exist, except for us to say that the matter is resolved. Mrs. Holshouser: No. Mayor Ferre: I think you have to legally vote on it. Ms. Shearer: Commissioner Plummer, it's my understanding that Mrs. Holshouser -please correct me if I'm wrong- is requesting that we remove the connection between the two peninsulas. Mayor Ferre: And the department does not agree with that, as I understand it. Ms. Shearer: The department would very much like to retain that connection because one of the important aspects of this shoreline improvement is circulation between the two peninsulas. Currently, the public does move between the two peninsulas. Mayor Ferre: Joanne, I'd like to say to you that the other day I agreed with you. Today I do not. You know, I don't know what the rest of this Commission wishes to do, but I think this has been very carefully thought out. I think the department and the people involved have done an exceptionally fine job. I think it ought to be approved as proposed by the final design that's before us. Mrs. Holshouser: I would appreciate it if.... Mayor Ferre: It's carefully though out. Mrs. Holshouser: I would appreciate it if the record could, however, make it very clear that we are not asking that access be limited. That comes up time and again. We're talking about access of walking across some natural boulders and having a chance to get your feet wet and play with the kids and the water there and they are talking about putting a bridge. It's just a difference of perspective; that's all. Thank you, sir. sl 87 October 25, 198k Mayor Ferre: Are we ready to...? Mr. Plummer: I move item 13. Mayor Ferre: There is a motion on item 13. seconded. Further discussion? Call the roll. It's been The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO, 84-1208 A RESOLUTION AFFIRMING THE GRANT OF A SPECIAL EXCEPTION AS LISTED IN ORDINANCE 95009 AS AMENDED, SCHEDULE OF DISTRICT REGULATIONS, PAGE 6 OF 6, PR PARKS AND RECREATION, PRINCIPAL USES AND STRUCTURES, TO PERMIT THE ADDITION OF A MAJOR STRUCTURE TO THE EXISTING PARK (DAVID T. KENNEDY PARK) LOCATED AT APPROXIMATELY 2200-2400 SOUTH BAYSHORE DRIVE, ALSO DESCRIBED IN LOTS 1 THROUGH 15 INCLUSIVE, BLOCK 439 NEW BISCAYNE AMD (B-16) AND LOTS 239 249 25 AND "0" LYING SOUTHEASTERLY OF SOUTH BAYSHORE DRIVE„ ESTATE OF JOHN T. PEACOCK (2-12) AND THE SUBMERGED LANDS LYING SOUTHEASTERLY THEREOF TO THE U.S.HARBOR LINE (SEE EXHIBIT "A" FOR COMPLETE LEGAL DESCRIPTION), AS PER SITE PLAN ON FILE; ZONED PR PARKS AND RECREATION, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. ------- ------------------------- ------------wwwwwNNwwwww-w 31. DENY APPEAL A AFFIRM ZONING BOARD'S DECISION TO GRANT SPECIAL EXCEPTION -PERMIT MARGINAL PIRR/SOARDMALK STRUCTURE AT 2200-2400 30. BAYSHORE DRIVE. w w ww�--w w�..—w—.....�w ww wwwwwwwwww w----ww—w—www.�...nw iwrwwwN �wR�.. Mayor Ferre: We're now on item 14; this is an appeal., Mr. Carollo: So move. Ms. Shearer: This is the same project, Mr. Mayor. Mayor Ferre: Is there a motion? s1 88 October .25, 1,9 ., Mr. Carollo: So move. Mr. Plummer: Second. Mayor Ferre: Moved by Carollo; seconded by Further discussion? Call the roll. Plummer. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 84-1209 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE 95009 AS AMENDED, ARTICLE 20, SECTION 20249 SUBSECTION 2024.10 AND 2024.11 TO PERMIT A MARGINAL PIER/BOARDWALK STRUCTURE AT APPROXIMATELY 2200-2400 SOUTH BAYSHORE DRIVE, ALSO DESCRIBED AS LOTS 1 THROUGH 15 INCLUSIVE, BLOCK 439 NEW BISCAYNE AMD (B-16) AND LOTS 239 249 25 AND "0" LYING SOUTHEASTERLY OF SOUTH BAYSHORE DRIVE, ESTATE OF JOHN T. PEACOCK (2-12) AND THE SUBMERGED LANDS LYING SOUTHEASTERLY THEREOF TO THE U.S. HARBOR LINE (SEE EXHIBIT "A" FOR COMPLETE LEGAL DESCRIPTION) (DAVID T. KENNEDY PARK), AS PER SITE PLAN ON FILE, EXTENDING A MINIMUM OF t 40 FEET TO A MAXIMUM OF t 55 FEET FROM THE MEAN HIGH WATER LINE (25 FEET FROM THE MEAN HIGH WATER LINE ALLOWED); ZONED PR PARKS AND RECREATION. THIS SPECIAL EXCEPTION HAS A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 32. CONTINUE ALL REGULARLY SCHEDULED ITEMS OF TODAY'S AGENDA TO MEETING OF NOVEMBER 159 1984 DUE TO DISRUPTION ON THE FLOOR. A) CITIZENS URGE THE MAYOR TO BRING UP HOWARD V. GARY'S ISSUE. Mayor Ferre: We are now on item 15, Which is a resolution for the plat acceptance of Poinciana Avenue. This was the sl 89 October251 1984., 21 matter, J.L., we held up. This is the plat resolution item that was held up previously. Mr. Plummer: Mr. Mayor, I had asked to see it to see what is trying to be accomplished. Mayor Ferre: We are now on item number 159 which is a plat acceptance. We are about to go to a 3:30 resolution. Senator Carrie Meek: Mr. Mayor, I respectfully ask the members of this Commission that we've elected would waive your agenda for something that is going to help us.... Mayor Ferre: They will have to overrule me, Senator, I will not.... Senator Meek: Would you please, Mr. Plummer? Would you, Commissioner Perez? Would you, Commissioner? We're not going to start anything. We're just here to do something citizens do. We don't want to cause any problems. Mayor Ferre: I will not suspend the agenda. We're now on item number 15, which is a plat acceptance. The rules around here, this Commission has always functioned by rules and regulations and we're not going to suspend them. Mr. Les Brown: Mr. Mayor, this is not the first time that you would not had the occasion to waive the rules. There's no way that we can continue to wait. There's a lot of anxiety that's building in the community, and we ask you out of respect for the total community to deal with this situation. This is the most pressing business at hand. Mayor Ferre: You are out of order. Mr. Les Brown: This is very pressing and important to this community now. Let's deal with it now! We respectfully request that you deal with this now! UNIDENTIFIED SPEAKER: Mr. Mayor, we're supporting each one of you. Mayor Ferre: Turn off the microphone. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. (SCREAMING - CHANTING - BOOING - CLAPPING - EXCESSIVE DISTURBANCE. Mayor Ferre: We are now on item number 15, this is the acceptance of the plat entitled "Four Designs Subdivision". Mr. Plummer, you wanted to discuss something on this item. Mr. Plummer, did you want to discuss something on item 15? Mr. Plummer: Sir, I had asked that the.... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. (SCREAMING - CHANTING - BOOING - CLAPPING - EXCESSIVE DISTURBANCE. Mayor Ferre: I'm not going to be pressured Into doing this' INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. (SCREAMING - CHANTING BOOING - CLAPPING - EXCESSIVE, DISTURBANCE.) s�. 90 000bo * k "+gd Mr. Dawkins: Liberty City. out. I understand that there is a disturbance in Let's go out there and see if we can put it INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. (SCREAMING - CHANTING - BOOING - CLAPPING - EXCESSIVE DISTURBANCE.) Mayor Ferre: All right, we're going to take a five... Wait a moment. Will you listen to me? Will you listen to me? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. (SCREAMING - CHANTING - BOOING - CLAPPING - EXCESSIVE DISTURBANCE.) Mayor Ferre: After you have finished, then I would say that we're going to take a ten minute break, at which.... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. (SCREAMING - CHANTING - BOOING - CLAPPING - EXCESSIVE DISTURBANCE.) Mayor Ferre: We're going to take a ten minute break, then when we come back, I will rule as to what this Commission will do, and three members of this Commission have the right to override whatever ruling I make. WHEREUPON, THE CITY COMMISSION WENT INTO A RECESS AT 5:10 P.M., RECONVENING AT 5:30 P.M., WITH ALL MEMBERS OF THE COMMISSION FOUND TO BE PRESENT. Mayor Ferre: If you would all take your seats. If you would all take your seats, please. When everybody takes their seats and it's quiet in the hall, then we will... Ladies and gentlemen, if I may have your attention, if you would all take your seats. If I can have quiet in the hall, then I will announce the Chair's ruling on this and we will continue. Because of the seriousness of the matter dealing with the City Manager, it is my opinion that we should suspend the Commission meeting as it is presently constituted and get into the issue of the Manager. We will discuss the issue of the Manager at this meeting. I would respectfully ask that the other matters that are pending before this Commission, which are items 15 through the rest of the Commission agenda, be continued for another day in which this Commission will set at a future time. APPLAUSE. Mayor Ferre: Ladies and gentlemen, those of you that are here on other issues on the scheduled agenda, because of the circumstances that have arisen this day, it is my opinion that we will not be able to get into those items. Those of you that are here on other items, I would recommend that.y4u quietly leave and that we will come back to these issues at a future time. I apologise for the inconvenience that this may cause. Members of the community that `are here -'on various issues, because of the volatility or the oituati4n, I think it is important that we suspend the Commission meeting. I will gait a few minutes to let those who wi4h, o leavot to Iwo quietly, The day and time will be this next zoning creating which will be November 15th. Is there s motion that all items that have not been heard be continued to November 150? >:6-~r Mr. Carollo: So move. Mayor Ferre: Is there a second? Mr. Dawkins: Second. Mr. Plummer: Second. Mayor Ferre: Further discussion? Call the roll on the continuation of all pending items. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 84-1210 A MOTION CONTINUING THE REGULARLY SCHEDULED ITEMS ON TODAY'S AGENDA WHICH WERE NOT TAKEN UP ON THIS DATE TO THE MEETING PRESENTLY SCHEDULED FOR NOVEMBER 15, 1984. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. _ Mayor Ferre: I will now wait a few minutes to let those people that are here on zoning matters and other scheduled agenda items to quietly leave the room. -ww-w-w-ww---------------- -wwww-w-w------w-w-w-ww----wwwlww- 33. REMOVE HOWARD V. GARY FROM THE POSITION OF CITY M►NAGER, SETTING FORTH REASONS FOR SUCH REMOVAL; ETC. ----w----ww-------wwwwwwwwww-w--- ---w-www---wwww---w--www-.. Mayor Ferre: Ladies and gentlemen, we're about to begin then, if you would all take your seats. When I see that every... There are plenty of seats in this audience. I would like •to ask everybody to sit down. Unless you. are with the press or you are a member of City of Miami Police Department, or a member of staff, there are still some - people that are moving out. I see a whole bunch of people - in the back of the room. Would you please come in and sit down. We will begin the moment I see everybody sitting down. There are plenty of seats in this auditorium. I still see people in the back of the room. Officer, Mr, Manager, if you would instruct the proper people in the department to ask all of the people in the back of the room to take a seat, we will begin discussions as soon as everybody has taken a seat. There are about twenty people In the back of this room that have not taken a seat.' Mr. _ Manager, could you ask somebody in the Police Department. ., Mr. Gary: The Chief has instructed the police officers to ss�� do that right now. sl 92 Mayor Ferre! When everybody is sitting down, I will begin. Would all of the people in the back of the room who are not members of the media, please take a seat to the auditorium. Ladies and gentlemen, the Commission has before it, at the request of Commissioner Carollo as of last Friday, and also on item on the agenda, the discussion of the City Manager. I will begin making my statement by saying that in nay opinion Howard Gary has been one of the best, if not the best City Managers that the City of Miami has had. APPLAUSE AND CHEERS. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. (SCREAMING- CHANTING - BOOING - CLAPPING - EXCESSIVE DISTURBANCE.) Mayor Ferre: If you will permit me. I know that this is a highly emotional issue. I would... I want to tell you that as emotional and as difficult as this is for everybody, that all of us must do what is in our hearts and in our conscience. I want to explain to you, as sincerely and honestly as I can, exactly where I'm at and how I feel. I think.... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. (SCREAMING - CHANTING - BOOING - CLAPPING - EXCESSIVE DISTURBANCE.) Mayor Ferre: If you'll settle down, I will... Any decision that is to be made by this Commission, including myself, must be based on what I consider, and those of us that vote on this Commission, is the best thing for the City of Miami. I am well aware of the high pitch of emotions that this entails; but I don't think that a decision as serious as this can be made by myself or by any member of this Commission based on who voted for me or who did not vote for me; or based on any other consideration other than the specific areas of management in the City of Miami by Mr. Howard Gary. Mr. Howard Gary in those areas where he has excelled, and there are many, has done an exceptionally fine job. In those areas, as I said, such as Bayside, in those negotiations, in some of the areas of affirmative action, in bringing this community to a high level, in those areas where he has excelled, he has done exceptionally well. There are areas however, where Mr. Gary and I have had disagreements and differences. The main issue before us and before me is whether in my opinion, the negatives outweigh the positives. It is not a question that is easy to resolve, and I have not come to this conclusion either quickly or easily, but I must say that I have come to the conclusion that I do have a basic difference in the way the City is being administered by the City Manager. Based on that, I have come to the difficult decision that I will be voting if there is a motion, and I will take the leadership of stating my opinion. I will be voting a vote of no confidence, at this time and for a dismissal of the City Manager. INTO THE PUBLIC CLAPPING - EXCESSIVE INAUDIBLE BACKGROUND COMMENTS NOT ENTERED RECORD. (SCREAMING - CHANTING - BOOING - DISTURBANCE) UNIDENTIFIED SPEAKER: Give a reason! *1 93 Yam' Mayor Ferre: I wish to state that as difficult as this decision is, I have dose to this decision deliberately, not in haste, with the highest respect for the City Manager as an individual, but that is my position. I am entitled to that position. As an elected official, I have the right to make a decision, and at this point I have come to that conclusion. I cannot, in my decision, do it on the basis of the color of the individual, which has nothing to do with it. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD (SCREAMING - CHANTING - BOOING - CLAPPING - EXCESSIVE DISTURBANCE). Mayor Ferre: Nor can I do it based on personal political considerations of myself or my political future. I have to do this based on what I think is right and proper for the City of Miami. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. (SCREAMING - CHANTING - BOOING - CLAPPING - EXCESSIVE DISTURBANCE.) Mayor Ferre: I understand. I have stated my position and that is how I feel. You got that right. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. -- (SCREAMING - CHANTING - BOOING - CLAPPING - EXCESSIVE - - DISTURBANCE.) - Mayor Ferre: I want to tell you, I may be... I don't know what the rest of this Commission is going to do. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC _ RECORD. - (SCREAMING - CHANTING - BOOING - CLAPPING - EXCESSIVE DISTURBANCE.) Mr. Carollo: Miller, do you want to speak or do you want me — to? Mr. Perez: We have a motion on the floor. Mayor Ferre: Who made the motion? Mr. Carollo: Mr. Mayor, if I may, ladies and gentlemen, good afternoon. Good afternoon, ladies and gentlemen. We're very, very lucky to live in the United States of America. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. (SCREAMING - CHANTING - BOOING - CLAPPING - EXCESSIVE DISTURBANCE.) Mr. Carollo: This is the greatest country that.anyone could possibly could live in, but we still have morals to 'abide by. One of the laws that we have to abide by is the T democratic process of electing officials to run the business of the City, of the County, of the State, and of a Country, When I voted for Howard Gary to be City Manager not over three years ago, in fact, if my memory serves me right, I a' al 94 0ot*ber--Z. ; had been the only vote for a long time, the sole vote for a long time for Mr. Gary before I was finally joined by a second vote and then finally a third vote_ in the Commission, that of the Reverend Theodore Gibson. That's how Mr. Gary received three votes and became City Manager. Mr. Dawkins: Hold it, Joe. Would all of us be kind enough... Listen, wait, listen closely, hold it! Let's all be kind enough to sit down and listen to what the Commissioner has to say, listen to the other Commissioners, _ then we can hear from you. But if you don't listen to us, we can't listen to you. So, please keep quiet and let the Commissioner have his say, please. Mr. Carollo: When I voted for Mr. Gary to be City Manager, I didn't vote for a Black that happened to be an administrator. I voted for an administrator that happened to be Black. Maybe there were some that misunderstood that. The City of Miami has a Charter, which is our constitution r that governs the City of Miami. In that City Charter, that constitution, if I may call it that, it states very clearly _ that the City Manager serves at the will of the City Commission, whom is elected by the people of Miami. In that constitution I may add... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. (SCREAMING - CHANTING - BOOING - CLAPPING - EXCESSIVE DISTURBANCE.) Mr. Carollo: I'll wait a few seconds until I may have the floor to speak. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. (SCREAMING - CHANTING - BOOING - CLAPPING - EXCESSIVE DISTURBANCE.) _ Mr. Carollo: Thank you. Let me try to cut through a lot of the red tape and get right to the bottom line. The bottom line is that I feel that a majority of this Commission, that a majority of the people of the City of Miami do not have enough confidence in Mr. Gary any longer. The reasons, I think, are very clear. There has been an open record. I'm not going to try to go over all of that now and try to be shouted down. What I will do is make a resolution at this point in time for the dismissal of the City Manager, Howard V. Gary, Mr. Mayor, Mr. Vice Mayor, at this point in time, I am making a resolution for the dismissal of the City Manager, Howard V. Gary, according to the guidelines and the authority that the City Charter, the constitution of the City of Miami has bestowed upon this City Commission. Mayor Ferre: Is there a second to the motion? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC '' RECORD. (SCREAMING - CHANTING - BOOING - CLAPPING - EXCESSIVE DISTURBANCE.) Mr. Perez: I think that you already make a motion first. No? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. 4t. (SCREAMING CHANTING - BOOING r CLAPPING EXCESSIVE DISTURBANCE.) Mayor Ferre% I Will second the motion. You're the Chaim now. Mr. Carolle: There is a motion. There is a second. Mayor Ferre: I second the motion. Mr. Carollo: Can we open the floor for further discussion of the City Commission? Mr. Perez: There is a motion and a second. Mr. Dawkins: Call the roll. Mr. Plummer: Mr. Mayor, Mr. Vice Mayor, I think everybody has the right to have their opinion. Mr. Carollo: That's what I stated, Mr. Plummer, from the City Commission. Mr. Plummer: I respect my colleagues right, and I defend their right to express their opinion. Mr. Mayor, I wholeheartedly concur with .the first part of your speech. Mr. Gary has had his faults. We all do. APPLAUSE. Mr. Plummer: In my estimation... I didn't interrupt you; I would ask for the same courtesy. In my estimation, Mr. Gary has served this City well. I, too, Mr. Mayor, when I heard the rumors, sat down and made a column of plusses and made a column of minuses. The column of minuses is not empty. Mr. Mayor, I think that as you recall, this City through his leadership, went to one of the best bond ratings in the United States. We have many, many good projects. In my opinion, Mr. Gary has served his City well. He has had his disagreements, but at this particular point, I have not heard, which is required, that a charge be made. Madam City Attorney, it is my understanding that as prescribed in the Charter of this City.... Mayor Ferro: Hey, don't push. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. (SCREAMING - CHANTING - BOOING - CLAPPING -EXCESSIVE DISTURBANCE). Mayor Ferre•: Do you want to push it? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. (SCREAMING - CHANTING - BOOING - CLAPPING - EXCESSIVE DISTURBANCE.) Mayor Ferro: Madam City Attorney, so that we understand, the motion, Madam City Attorney, Lucia are you hearing, No Dougherty? Mrs. Dougherty, the motion, ae I underDtasd,pd I don't want to get beyond that at this point! is the Charter allows for the Commission to take this decision, and , 4 I think any legislative body, whether it is appointedh director or manager, has the right to discharge his, if it is -the will of the majority of that board,-:,Thisississ i and the motion that was made, has a difference QT opj,Dion With the Manager and the way this City is being managed. kr, w r think that without getting into further details, that is suffioient reason for a motion of dismissal. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. (SCREAMING - CHANTING - BOOING - CLAPPING - EXCESSIVE DISTURBANCE.) Mayor Ferre: I ask that specifically of you. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. (SCREAMING - CHANTING - BOOING - CLAPPING - EXCESSIVE DISTURBANCE). UNIDENTIFIED SPEAKER: You're through, Ferre! Mayor Ferre: That's basically what I said. Mrs. Dougherty, there is simply a difference of opinion in the way that the Manager has been managing the City and the maker and the seconder of the motion. There is a difference in management - style. I think we have the right to make a decision based on that. I would like to leave it at that, if you would give us a ruling one way or the other as to the legality of the motion. Mrs. Lucia A. Dougherty: Mr. Mayor, the Charter of the City of Miami provides a method for removal of the City Manager. The first step is you must pass a resolution with reasons.... _ APPLAUSE. Mayor Ferre: Those reasons have been stated into the record. Mrs. Dougherty: The City Manager then has a right after that time has a right to have.a hearing and respond to your reasons. -� APPLAUSE. Mrs. Dougherty: The reasons that you articulated, that is a difference of management style, should be more specific, because it would be difficult for him to respond. APPLAUSE. Mayor Ferre: All right, I will then expand it to include a lack of proper communication with some members of the Commission. Mr. Dawkins: Hold it, hey, I can't hear the Mayor. Say that again.. Mayor Ferre: Lack of communications with members of the Commission. Mr. Dawkins: Lack of communications with Commission members. You've got to be kidding! qk INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. (SCREAMING - CHANTING BOOING - CLAPPING - EXCESSIVE DISTURBANCE.) Mr. Carollo: If I may, I have a.... Mr. Dawkins: Are you finished, J.L.? Are you finished? s� 97 Oetut #' 250 ! 4 Mr. Carollo: If I may, I would be more than happy, Mr. Mayor, if 1 am given the opportunity and am not shouted down by cob rule, to proceed and expand that as quickly as I possibly can, the main areas of differences that will be incorporated in this resolution. As I stated previously, I don't intend under these conditions to try to read, to try to state all the areas that I disagree with the Manager# but I would try to make it as brief as I possibly can. Under the rights that the people of Miami bestowed upon me _ on two elections.... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. (SCREAMING - CHANTING - BOOING - CLAPPING - EXCESSIVE DISTURBANCE.) Mr. Carollo: If I may, I want to make it as simple as I _ possibly can and not to prolong this any longer than we have to. The main reason is the Manager's style. His style, and if I may, his style, for instance, and how we have a variety of signed allegations from former department directors, such as the former police chief, such as a former director of the International Trade and Promotion Department of how the -_ Manger was attempting, or in fact forced them to hire people that they did not feel were.qualified. Mayor Ferre: Mr. Chairman, there is no way that we car continue this meeting in this disruptive manner. So we have no choice. Whenever the members of the Commission finish, ] would like to call the question. Call the question. Mr. Perez: Do we have any question from the members of thi, Commission? Do we have any questions from the members of this Commission? Mr. Dawkins: May I have your attention, please? May I havf your attention please? Now, none of you out there are ant more angry than I am; but half of you out there are more to blame than I am. When Howard Gary took this job, I told... All the press has been good, and I cannot understand the reason for this vote. Therefore, I will be voting against the motion, and I call the question. Mr. Perez: Are you finished? Now, ladies and gentlemen, it's important to announce something. Mr. Gary, we have the opportunity for a public hearing. In that hearing all of you will have the opportunity to express your point of view. Now,, right now we are going to call the roll. We have the motion. We have the second, and please call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 84-1211 A RESOLUTION REMOVING HOWARD V. GARY FROM THE POSITION OF CITY MANAGER, SETTING FORTH REASONS FOR SUCH REMOVAL; PROVIDING FOR HOWARD V. GARY WITHIN 30 DAYS FROM THE DATE HEREOF TO MAKE A WRITTEN REPLY TO SUCH REMOVAL AND TO MAKE A WRITTEN REPLY TO SUCH REMOVAL AND TO MAKE A REQUEST FOR A PUBLIC HEARING WHICH, IF REQUESTED, SHALL BE HELD NOT EARLIER THAN 20 DAYS NOR LATER THAN 30 DAYS FROM THE DATE OF SUCH REQUEST. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 96 October 950 1984 Upon being seconded by Mayor Ferre, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Vioe-Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. ABSENT: None, INTERRUPTION DURING ROLL CALL: Mr. Perez: Mr. Gary wants to speak. Mr. Gary: I first of all would like to say that though this is a very emotional issue, and prior to the vote, I would ask that all of the people in the audience for the community's sake, to please maintain calm and order, please. If I might, I appreciate this support, but it's important that we maintain calm and order. I also would like to say, that as Commissioner Perez says, and as the City Attorney has said, according to the Charter, within 30 days, I do have a right to an appeal, at which time you can constructively voice your concerns to the Commission. Thank you. UNIDENTIFIED SPEAKER: Gary for Mayor! Mr. Perez: Now continue the roll call. Mrs. Hirai: Commencing the roll call, Mr. Carollo. Mr. Carollo: I vote yes. Mrs. Hirai: Mr. Plummer. Mr. Plummer: I vote no. Mrs. Hirai: Mayor Ferre. Mayor Ferre: I vote yes. Mrs. Hirai: Mr. Dawkins. Mr. Dawkins: I vote no. Mrs. Hirai: Vice Mayor Perez. Mr. Perez: I want to make very clear my position. SCREAMING, CHANTING, BOOING, CLAPPING, EXCESSIVE DISTURBANCE. Mr. Perez: First, we cannot accept any kind of intimidation. That's the reason why we left Cuba twenty years ago. We are in a free country and everybody deserves the opportunity to express to express their own point of view. This is a very controversial issue. Let me make very clear. I was elected and I went two times to election with a very strong support of the Black community. I don't have any doubt, but I don't think this is an ethnic issue. I think that we have* to take care of the future and the betterment of this community. I have support Howard Gary and I was very strong supporting Howard Gary in the past. I recognize, as the Mayor said... SCREAMING, CHANTING, BOOING, CLAPPING, EXCESSIVE DISTURBANCE. 99 ©c tebe 25 0 - ` 4)84 Mr. Perez: At this time, I think We impossible to express... I think that it is impossible... At this kind of meeting it's impossible to express our own point of view. For that reason, I think that Howard Gary deserves a public hearing, and I vote yes with this motion for a public hearing. SCREAMING, CHANTING, BOOING, CLAPPING, EXCESSIVE DISTURBANCE. Mayor Ferre: Is there a motion to adjourn? Mr. Plummer: So move. Mr. Carollo: There is a motion, second. Mayor Ferre: There is a motion to adjourn, second. Call the roll on the adjournment. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION. THE MEETING WAS ADJOURNED AT 6:10 P.M. ATTEST: Ralph G. Ongie CITY CLERK Natty Hirai ASSISTANT CITY CLERK Maurice A. Ferro M A Y 0 R 100 October 25 71� r 46 CITV.41. pi 11�,�AIV11 DOCUMENT MEETtNQ DATE: OCTOBER 25, 1984 INDEX. DO CUMEtIi IDENTIFICATION �urr+,aaaun r.. ACTION j AUTHORIZE CITY ATTORNEY TO INSTITUTE PROCEEDINGS, 84-1195 UNDER STATE FOR ABATING ANY PUBLIC NUISANCES ARI- SING FROM UNLAWFUL USE, POSSESSION/SALE/DELIVERY i OF SUBSTANCES CONTROLLES (CHAPTER 893, FLA. STAT.) OR DRUGS (CHAPTER 899 FLA., STAT.), OR THOSE PU- BLIC NUISANCES (SECTION 823.05 FLA., STAT.), ETC. OPPOSING THE ISSUANCE OF INDUSTRISL DEVELOPMENT 84-1202 BONDS BY METROPOLITAN DADE COUNTY TO RELOCATE J. I. KISLAK MORTGAGE CORPORATION OP F.NY OTHER ESTA.- BLISHED MIAMI BUSINESS FROM CITY CF MIAMI TO UNIN- CORPORATED DADE COLNTY,`A_UTHORIZING THE CITY ATTO NEY TO APPEAR AT THE BOND VALIDATION PROCEEDING REGARDING THE ISSUANCE OF SUCH BONDS, ETC. s= RA_TIFY/CONFIRM/APPROVE THE ACTIONS OF THE CITY 84 -1204 MANAGER TO EXECUTE AGREEMENT WITH THE OVERTOWN ECONOMIC DEVELOPMENT CORP., INC. FOR A GRANT FOR THE OVERTOWN COMIN' ALIVE FESTIVAL; ALLOCATE A.MOUr `y NOT TO EXCEED 16,534 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO THE OVERTOWN ECONO- MIC DEVELOP14ENT CORP., INC. ETC. AFFIRM THE DECISION OF THE ZONING BOARD GRANTING 84-1205 A VARIANCE TO PERMIT CONSTRUCTION OF A. MULTISTO- RY OFFICE STRUCTURE TO BE LOCATED AT 2351 SOUTH- WEST 37TH AVENUE. AFFIRM THE DECISION OF THE ZONING BOARD GRANTING 84-1206 A VARIANCE TO PERMIT CONSTRUCTION OF A MULTI -STO- RY OFFICE STRUCTURE TO BE LOCATED AT2351 SOUTHWES 37TH AVENUE. AUTHORIZE THE EXECUTION OF AN AMENDMENT TO THE CO 84-1207 TRACT DATED OCTOBER 16, 1984 BET14EEN THE CITY AND THE STADIUM MANAGMENT CORPORATION, RELATION TO THE USE OF THE ORANGE BOWL STADIUM FOR JACKSON VICTORY TOUR; PROVIDING FOR INDEMNITY AND HOLD HARMLESS AGREEMENT IN FAVOR OF THE CITY FROM SAID CORPORATION FOR INJURES/DAMAGES TO THE FIELD OF THE ORANGE BOWL STADIUM CAUSED BY THOSE CONCERTSP ETC. AFFIRM GRANT AS LISTED IN ORDINANCE 9500 (SCHEDUL 84-1208 OF DESTRICT REGULATIONS)/PERMIT ADDITION OF MAJOR STRUCTURE TO KENNEDY PARK AT APROXIMATELY 2200- 2400 SOUTH BAYSHORE DRIVE,ETC. AFFIRM THE DECISION OF THE ZONING BOARD GRANTING 84-1209 A EXCEPTION IN ORDINANCE 9500/AMENDED ARTICLE 20. ETC,, RO PERMIT A MARGINAL PIER/BOARDF'ALK STRUC— TURE AT APPROXIMATELY 2200-2400 SOUTH BAYSHORE DRIVE; ETC, v DOCUMENT•I NDEX _ wONT DOCUMENT IDENTIFICATION INUED REMOVING HOWARD V. GARY FROM THE POSITION OF CITY 84-1211 MANAGER, SETTING FORTH REASONS FOR SUCH. PROVI- DING WITHIN 30 DAYS FROM THE DATE HEREOF TC MAKE A WRITTEN REPLY TO SUCH REMOVAL AND TO VAKE A.RE- QUEST FOR A PUBLIC HEARING; ETC.