HomeMy WebLinkAboutCC 1983-09-29 Minutesf
CITY OF MIAMI
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t
COMMISSION
MINUTES
September 29, 1983
OF MEETING HELD ON
PLANNING & ZONING - REGULAR
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G.. ONGIE
CITY CLERK
10 40
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C14OOMIISSIOff AMI, FlDRID4
PAGE # 1
ITEM NO.
�� ��pp ��
P & Z - REGULAR �x�I CT SEPTEMBER 29, 1983
QRDI NANCE n
K sourrim o
PAGE NO,
1 REQUEST OFF-STREET PARKING AUTHORITY TO STOP PLACEMENT
OF ADDITIONAL PARKING METERS IN THE CITY PENDING FURTHER
STUDY.
M-83-834
1-2
2 DISCUSSION ITEM: USE OF CITY VEHICLES WITH CITY
IDENTIFICATION USED IN THE COLLECTION OF MONIES PLACED
IN PARKING METERS.
DISCUSSION
2-3
3 COr!kfENDATIONS PRESENTED TO MEMBERS OF THE DADE
DELEGATION.
DISCUSSION
3-4
4 DISCUSSION ITEM AND DIRECTION TO THE CITY ATTORNEY TO DRA14
UP PROPOSED RESOLUTION TO INSURE MONEY SPENT FOR FESTIVALS
AND SPECIAL EVENTS ARE NOT EXCEED BEYOND BUDGET FIGURE.
DISCUSSION
4
4.A DIRECTION TO THE CITY CLERK PURSUANT TO THE REQUEST OF
CHANNEL 23 TO USE PBC's IN SELECTED PRECINCTS ON ELECTION
NIGHT.
M-83-835
5-7
5 MOTION DECLARING THAT U.S. MARSHALS SHALL BE PRESENT AT
EACH OF THE PRECINCTS WHERE P.B.C. UNITS ARE USED ON
ELECTION NIGHT.
M-83-836
7-8
6 DISCUSSION ITEM CONCERNING AIDE TO MAYOR FERRE.
DISCUSSION
8-9
7 AUTHORIZE CITY MANAGER TO COMPLY WITH REQUEST TO ALLOW
9-10
PLACEMENT OF A REPLICA OF THE STATUE OF LIBERTY AT THE
MANUEL ARTIME PARK.
M-83-837
8 REFER TO MEMORIAL COMMITTEE A PROPOSAL TO RENAME MINI -
PARK AT LOTH STREET AND BRICKELL PLAZA AFTER ALLAN MORRIS,
SR.
M-83-838
10-11
9 REQUEST CITY MANAGER TO EXAMINE AREA BEHIND ELIZABETH
VIRRICK BOXING GYM FOR USE OF BOAT TRAILER PARKING.
M-83-839
11-12
10 PERSONAL APPEARANCE -DISCUSSION ITEM, SENATOR CARRIE MEEK.
DISCUSSION
12-13
11 ALLOCATE FUNDS TO MIAMI SENIOR HIGH SCHOOL AND MIAMI
NORTHWESTERN SENIOR HIGH SCHOOL TO TRAVEL TO NEW YORK FOR
A MACY'S DAY PARADE.
M-83-840
13-14
12 DISCUSSION ITEM: STRANGLED TRAFFIC CONDITIONS IN THE
DOWNTOWN AREA.
DISCUSSION
14
13 ALLOCATE $800.00 TO ASSIST IN EXPENSES IN CONNECTION WITH
HISPANIC CULTURE IN MIAMI EVENT TO BE HELD AT THE FOUR
AMBASSADORS HOTEL.
M-83-$41
15-16
14 DISCUSSION ITEM -YOUTH CO-OP TRAINING PROGRAM.
DISCUSSION
16-17
15 PROPOSAL FOR LOW INCOME AND MODERATE HOUSING PROGRAM;
CITY MANAGER DIRECTED TO MEET WITH MR. ED LONDON.
M-83-842
17-19
16 SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION FROM
RG-1/3 TO RO-3/6. - 330 S.W. 27TH AVENUE.
ORD. 9673
20-21
17 DISCUSSION AND DEFERRAL OF CONSIDERATION CONCERNING APPEAL
OF VARIANCE AT APPROXIMATELY 3639 N.E. MIAMI PLACE.
DISCUSSION
21-29
10
ffi 2
AWMIffERAF,&DA PAGE # 2
ITEM
SIUCT
N0,
* BER 29, 1983
P & 7. — REGULAR SEPTE�i
KisoLUT m No
PAGE NO,
18 DISCUSSION AND MOTION TO CONTINUE FOR FURTHER INFORMATION
THE PROPOSED ACCEPTANCE OF A PLAT AT N.E. MIAMI PLACE AND
N.E. 36TH STREET ENTITLED "GRANT SUBDIVISION".
DISCUSSION
29-30
19 ALLOCATE JOB PROGRAM FUNDS TO BISCAYNE—WYN[dOOD CHAMBER OF
COMMERCE AND PUERTO RICAN OPPORTUNITY CENTER.
R-83-843
30-33
20 DISCUSSION ITEM REGARDING PROPOSED APPOINTMENT TO THE
SPORTS CONVENTION AUTHORITY; TEMPORARILY DEFERRED.
DISCUSSION
33-37
21 AUTHORIZE CITY MANAGER TO REQUEST FIRE RESCUE AND
INSPECTION SERVICES DEPARTMENT TO PROCESS ISSUANCE OF A
PARTIAL CERTIFICATE OF OCCUPANCY FOR THE SIXTH FLOOR
ADDITION OF THE MIAMI HERALD.
M-83-844
37-38
22 DEFER CONSIDERATION OF AN APPEAL OF CONDITIONAL USE OF A
PROPOSED RECONSTRUCTION OF AN AMOCO OIL GAS STATION
LOCATED AT 2301 S.W. 22ND STREET.
M-83-845
38-41
23 SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION 700
S.W. 36TH AVENUE AND 3630 — 40 — 50 S.W. 7TH STREET
FROM RG-1/3 TO CR-3/7.
ORD. 9674
41-42
24 DISCUSSION ITEM AND TEMPORARY DEFERRAL OF CONSIDERATION
OF A SECOND READING ORDINANCE TO CHANGE ZONING
CLASSIFICATION AT 3620-3636 N.W. 22ND AVENUE (SEE LATER,
SAME MEETING).
DISCUSSION
43-44
25 FIRST READING ORDINANCE: APPLY HC-1, GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO THE VILLA PAULA.
FIRST
READING
44-45
26 GRANT EXTENSION OF TIME FOR A VARIANCE FOR CONSTRUCTION OF
A PUN TO THE PALMYRA CORPORATION — PROPERTY ADDRESS
3265-75 ALLAMANDA STREET.
R-83-846
45-46
27 GRANT EXTENSION OF TIME FOR CONDITIONAL USE TO PERMIT
DEVELOPMENT OF A PUN - PALMYRA CORPORATION, 3625-75
ALLAMANDA STREET.
R-83-847
46-47
28 PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS.
DISCUSSION
47-48
29 DENY APPEAL OF CITIZENS GROUP AND UPHOLD RECOMMENDATION
OF PLANNING DEPARTMENT AND ZONING BOARD FOR CONDITIONAL
USE, S.E. CORNER OF S.W. 32nd AVENUE AND S.W. 7th
STREET
R-83-848
48-56
30 DISCUSSION AND DEFERRAL OF CONSIDERATION OF APPOINTMENT
OF AN INDIVIDUAL TO SERVE THE UNEXPIRED TERM OF WILLIAM
PERRY, WHICH TERM WOULD EXPIRE DECEMBER 31, 1985
R-83-849
56-58
31 REFERRED TO CITY MANAGER -PROPOSAL FOR A POLICE
SUBSTATION FOR THE N.W. 62ND STREET AREA, REQUESTING
SOURCE OF FUNDING AND DATE OF START OF CONSTRUCTION.
M-83-850
58-60
32 SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION
761 N.W. 28 TERRACE AND 2900 S.W. 28TH TERRACE FROM
RG-2/5 TO RO-3/6.
ORD. 9675
61-62
0
� na
CIRRMIORZF &DA PAGE # 3
c
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ITEM NO.
.7'Ar
P & Z - REGULAR l�D�JGC1 SEPTEMBER 29, 1983
ksoLUTio-i n0
PAGE N01
33 SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION
2744-2900 S.W. 28TH TERRACE FROM RG-2/5 TO RO-3/6.
ORD. 9676
62
34 FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
761 N.W. 3RD STREET FROM RG-2/5 TO CG-1/7.
FIRST
READING
62
35 INSTRUCT PLANNING DEPARTMENT TO INSTITUTE STUDY FOR
POSSIBLE CHANGE OF ZONING OF N.W. 3RD STREET TO EITHER
COINDIERCIAL OR MIXED COMMERCIAL RESIDENTIAL USE.
R-83-851
63-65
36 DEFERRAL OF CONSIDERATION OF FIRST READING ORDINANCE
TO CHANGE THE ZONING CLASSIFICATION OF 185 S.E. I4TH STREE
FROM RG-3/7 TO SPI-5.
DISCUSSION
65-67
37 FIRST READING ORDINANCE (AS AMENDED) CHANGE ZONING
CLASSIFICATION 3665-71 N.W. 7TH STREET AND 821-899 N.W.
37TH AVENUE FROM RG-2/5 TO CR-2/7.
FIRST
READING
68-69
38 FIRST READING ORDINANCE:CHANGE ZONING CLASSIFICATION
S.W. 27TH AVENUE BETWEEN S.W. 28TH TERRACE AND BIRD
AVENUE BY CHANGING THE SECTOR NUMBER FROM R-2.1/4 TO RO-
2/1/5; RETAINING SPI-3
FIRST
69-70
READING
39 FIRST READING ORDINANCE, ORDINANCE 9500 TEXT AMENDMENT,
ARTICLE 15, SPI-2 COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT.
FIRST
70-71
READING
40 GRANT EXTENSION OF TIME FOR CONDITIONAL USE MIAMI JEWISH
HOME AND HOSPITAL FOR THE AGED, 151 N.E. 52ND STREET AND
APPROXIMATELY 71-125 N.E. 51ST STREET AND APPROXIMATELY
80-120 N.E. 52ND STREET.
R-83-852
71-72
41 GRANT EXTENSION OF TIME FOR A VARIANCE, MIAMI JEWISH HOME
AND HOSPITAL FOR THE AGED, 151 N.W. 52ND AND APPROXIMATELY
71-125 N.E. 51ST STREET AND APPROXIMATELY 80-120 N.E.
52ND STREET.
R-83-853
72-73
42 GRANT EXTENSION OF TIME FOR CONDITIONAL USE, 80-SPACE OPEN
PARKING LOT, MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED,
151 N.E. 52ND STREET, AND APPROXIMATELY 71-125 N.E. 51ST
STREET, AND APPROXIMATELY 80-120 N.W. 52ND STREET
R-83-854
73-74
43 GRANT MAJOR SPECIAL USE PERMIT AUTHORIZING FINAL
APPLICATION, LINCOLN/NASHER PROJECT LOCATED 623-799
BRICKELL AVENUE.
R-83-855
74-75
44 AUTHORIZE ISSUANCE OF DEVELOPMENT ORDER FOR LINCOLN/
NASHER PROJECT, A DEVELOPMENT OF REGIONAL IMPACT, 623-
799 BRICKELL AVENUE.
R-83-856
76-77
45 RESCIND ENVIROMENTAL PRESERVATION DISTRICT 36-2 FROM
PROPERTY LOCATED AT'623-799 BRICKELL AVENUE.
R-83-857
77
46 GRANT CONTINUED USE FOR DRIVE-IN TELLER FACILITIES IN
CONNECTION WITH CAPITAL BANK, 2800 S.W. 8TH STREET.
M-83-858
77-78
47 GRANT CONTINUED VARIANCE EXTENSION PAN AMERICAN HOSPITAL
FOR WAIVER OF 28 OF 274 OFF-STREET PARKING SPACES,
LOCATION 5959 N.W. 7TH STREET.
' M-83-859
78-79
0
ITEM NO.
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
7►mEX
ATUISTIffKAF&D4
P & Z - REGULAR Sta cT SEPTEMBER 29, 1983
GRANT CONTINUED CONDITIONAL USE -DRIVE-IN TELLER FACTLITIE
LE JEUNE CENTER, INC., OCEAN BANK-700 N.W. LE JEUNE ROAD.
PERSONAL APPEARANCE: MR. MARK CASPER, ATTORNEY,
REQUESTING REPEAL OF ORDINANCE 9585 AND 9664 OF CHAPTER
4 OF THE CITY CODE REGARDING SALE OF ALCOHOLIC BEVERAGES
FORMALLY ACCEPT DONATION OF ART WORK FROM GALLERIA NOVITA
AND ALLOCATING FUNDS FOR PLACEMENT THEREOF.
SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION
FOR 3620-3636 N.W. 22ND AVENUE FROM RG-2/4 TO CT-1/7.
RESOLUTION AS AMENDED -VACATE AND CLOSE PORTION OF S.W.
37TH COURT AND SHIPPING AVENUE IN CONNECTION WITH
TENTATIVE PLAT NUMBER 1197 "DOUGLAS ROAD STATION"
RESOLUTION VACATING AND CLOSING A PORTION OF THE EAST
CENTER LINE OF N.W. 19TH AVENUE IN CONNECTION WITH
TENTATIVE PLAT NUMBER 11-42, "EARLINGTON HEIGHTS STATION".
RESOLUTION VACATING AND CLOSURE OF THAT PORTION OF S.W.
28TH LANE AND S.W. 29TH AVENUE IN CONNECTION WITH
TENTATIVE PLAT NUMBER 1193 "COCONUT GROVE STATION".
FIRST READING ORDINANCE-AMEND,ORDINANCE 9500-CRAMCP
ZONING FROM RG-3/7 TO SPI-5.
MOTION TO DEFER CONSIDERATION OF A FIRST READING
ORDINANCE APPLYING AN HC-4 COMMERCIAL AREA HERITAGE
CONSERVATION OVERLAY DISTRICT TO SEARS TOWER-
1300 BISCAYNE BOULEVARD.
SECOND READING ORDINANCE: CHANG E ZONING CLASSIFICATION-
3216-28 AVAITION AVENUE FROM RG-2/5 TO RO-3/6.
SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION
2784 S.W. - 7TH STREET FROM RG-1/3 TO CG-1/7
SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION
2629-2645 SOUTH BAYSHORE DRIVE FROM RG-2/5 TO RO-3/6.
SECOND READING ORDINANCE: AMEND ORDINANCE 9500
ARTICLE 15, SPECIAL PUBLIC INTEREST DISTRICT, SECTION
15100 SPI-10-MERCY HOSPITAL OVERLAY DISTRICT.
SECOND READING ORDINANCE -AMEND ORDINANCE 95-0 ATLAS BY
APPLYING PEDESTRIAN STREET INDICATION TO S.W. LOTH
STREET BETWEEN SOUTH MIAMI AVENUE AND S.W. 1ST AVENUE.
FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
3400-3490 SOUTH DIXIE HIGHWAY FROM RO-2.1/4 TO CR-2/7.
AUTHORIZE EXTENSION OF USE PERMIT FOR ANTILLEAN MARINE
SHIPPING CORPORATION, USE OF SLIP ADJACENT TO
BICENTENNIAL PARK.
FIRST READING ORDINANCE. CHANGE ZONING CLASSIFICATION
4000-40-50 WEST FLAGLER STREET FROM RG-2/5 TO CR-2/7.
PAGE # 4
QRDINANCE O�j
SOUJTION tU0
M-83-860
DISCUSSION
R-83-861
ORD.9677
R-83-862
R-83-863
I
R-83-864
FIRST READING
DISCUSSION
ORD. 9678
ORD. 9679
ORD. 9680
ORD. 9681
ORD. 9682
FIRST READIN!
M-83-865
FIRST READINI
PAGE NO
79-80
80-83
8 3-84
85-86
86-87
88
88-89
89-90
90
90-91
91-92
92
92-93
93-94
94-95
95
95-96
0
C1;'91-',ISTlfnAF&DAPAGE * 5
Ni °
PAGE N0,
ITEM N0.
P s Z - REGULAR C SEPTEMBER 29, 1983
$I
RaoLi
SOUlT1Ay
65
FIRST READING ORDINANCE. CHANGE ZONING CLASSIFICATION
3500 N.W. 22ND AVENUE FROM RG-2/4 TO CG-1/7.
FIRST
READING
96-97
66
FIRST READING ORDINANCE. CHANGE ZONING CLASSIFICATION
3200 NORTH MIAMI AVENUE FROM RG-1/3 TO CG-2/7.
FIRST
READING
97-98
67
FIRST READING ORDINANCE. CHANGE ZONING CLASSIFICATION 1471
N.W.17TH STREET FROM RG-3/6 TO RG-3/7.
FIRST
READING
98
68
FIRST READING ORDINANCE: CHANG E SECTOR NUMBER BLOCK BY
N.W. 17TH AND 19TH STREETS FROM N.W. 14 AVENUE
AND WAGNER CREEK TO N.W. 15TH AVENUE FROM RG-3/6 TO RG-
3/7.
FIRST
98-99
READING
69
FIRST READING ORDINANCE. CHANGE ZONING CLASSIFICATION 5604
5730 N.E. 4TH COURT FROM AN UNZONED STATUS TO CR-2/7.
FIRST
99-100
READING
70
FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
5601-5699 N.E. 4TH COURT FROM AN UNZONED STATUS TO
CR-2/7.
FIRST
100-101
READING
71
FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
2431-2699 N.W. 17TH AVENUE BY CHANGING THE SECTOR
NUMBER FROM CR-3/5 TO CR-3/7.
FIRST
101
READING
72
FIRST READING ORDINANCE. 6202 - 6398 BISCAYNE BOULEVARD
FROM RO-3/6 TO CR-2/7.
FIRST
101-102
READING
73
FIRST READING ORDINANCE. CHANGE ZONING CLASSIFICATION
6208-6398-BISCAYNE BOULEVARD- BY APPLYING SPI-9 TO THE
PROPOSED CR-2/7.
FIRST
102
READING
74
FIRST READING ORDINANCE. CHANGE ZONING CLASSIFICATION
271 N.W. 29TH STREET FROM RG-2/5 TO CG-2/7.
FIRST
READING
103
75
FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
701-99 N.W. 22ND STREET FROM 1-1/7 TO GU.
FIRST
READING
103-104
76
FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
2937 S.W. 27TH AVENUE BY CHANGING THE SECTOR NUMBER
FROM RO-2.1/4 TO RO-2.1/5; DELETING SPI-3 AND
RETAINING SPI-12.
FIRST
104-105
READING
77
FIRST READING ORDINANCE: AMEND ORDINANCE 9500 BY ADDING
ANEW SECTION 1613 HC-4, COMMERCIAL AREA HERITAGE
CONSERVATION OVERLAY DISTRICT.
FIRST
105-106
READING
f
ITEM NO.
78
79
:E
81
82
83
1. 4
85
I.-L-1
Nw
m
Ei]
.c
91
'Iti[EX
CITYW1SSIQRI'llANil, FIDRIM
P & Z — REGULAR .7lJ CT SEPTEMBER 29, 1983
FIRST READING ORDINANCE: APPLY PEDESTRIAN STREET
INDICATION'TO SOUTH SIDE OF OAK AVENUE BETWEEN VIRGINIA
AND MART' STREETS, WEST SIDE OF MARY STREET BETWEEN GRAND
AND OAK AVENUES AND SOUTHEAST SIDE OF MAIN HIGHWAY BETWEEN
McFARLAND AND THE RS-1 DISTRICT BOUNDARY LINE.
FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 2738
S.W. 23RD STREET FROM RG-1/3 TO RO-3/6.
FIRST READING ORDINANCE:CHANG E ZONING CLASSIFICATION
1100-1198 N.W. 54TH STREET AND 5201-5399 N.W. 12TH AVENUE
FROM PD—}IC / 7 TO CR-2 / 7 .
FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 4295
4299 WEST FLAGLER STREET AND APPROXIMATELY 1-99 N.W.
43RD AVENUE FROM PR—HC/7 TO CR-2/7.
FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
3150-3198 SOUTH DIXIE HIGHWAY AND APPROXIMATELY 2939-
2999 S.W. 32ND AVENUE FROM PD—HC/7 TO CR-2/7.
FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
2230-2298 S.W. 27TH AVENUE AND 2700-2754 S.W. 22ND
TERRACE FROM PD—HC/7 TO CR-2/7.
FIRST READING ORDINANCE: AMEND ORDINANCE 9500
APPLYING SECTION 610 HC-1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO GULF GAS STATION
LOCATED AT 1700 S.W. 22ND STREET.
FIRST READING ORDINANCE: APPLY SECTION 1610 HC-1 GENERAL
USE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE
HUNTINGTON BUILDING LOCATION-168 S.E. 1ST STREET.
FIRST READING ORDINANCE: CHANG E ZONING CLASSIFICATION,
2724-26-34 S.W. 7TH STREET, FROM RG-1/3 TO CR-3/7.
RESOLUTION, VACATION AND CLOSURE OF THAT PORTION OF THE
RIGHT OF WAY OF S.W. 1ST STREET AND S.W. 1ST COURT
IN CONNECTION WITH TENTATIVE PLAT NUMBER 1180 "DCM
MAINTENANCE FACILITY".
RESOLUTION, VACATION AND CLOSURE OF A PORTION OF N.W. 1ST
AVENUE WEST, IN CONNECTION WITH TENTATIVE PLAT NUMBER
1201 "DOWNTOWN GOVERNMENT CENTER FIRST ADDITION".
DEFER CONSIDERATION OF AN APPOINTMENT OF A CERTAIN
INDIVIDUAL TO SERVE AS A MEMBER OF THE CITY OF MIAMI ZONING
BOARD TO FILL AN EXPIRED VACANCY CREATED DECEMBER 31, 1982;
INSTRUCTING THE CITY CLERK TO READVERTISE.
RESOLUTION APPOINTING VICTOR DEYURRE TO SERVE THE
UNEXPIRED TERM OF OSVALDO MORAN RIBEAUX, TERM ENDING
DECEMBER 31, 1983 AS AN ALTERNATE MEMBER OF THE ZONING
BOARD.
DEFERRAL OF CONSIDERATION OF APPOINTMENT OF AN INDIVIDUAL
TO SERVE THE UNEXPIRED ALTERNATE TERM OF PATRICIA KOLSKI,
WHICH WILL EXPIRE DECEMBER 31, 1983, AND DIRECTING THE
CITY CLERK TO READVERTISE.
PAGE #6
ORDINANCE
sOLM ON,
FIRST
READING
FIRST
READING
FIRST
READING
FIRST
READING
FIRST
READING
FIRST
READING
FIRST
READING
FIRST
READING
FIRST
READING
R-83-866
R-83-867
M-83-868
R-83-869
M—R l—R7D
PAGE N0,
106-107
107
107 —
108
108-109
109-110
110
111
111-112
113
113
114-115
115
116-117
0 0
Im
ClA%hTlffFfAF &DA PAGE # 7
ITEM N0. �71.ID.JGC1 rl
NMCE 1 PAGE N0,P & Z - REGULAR SEPTEMBER 29, 1983 CUnlay 0
92
APPOINTING MEMBERS TO THE HERITAGE CONSERVATION BOARD.
(PAUL GEORGE, LOLA BOHN AND NORAH K. SCHAEFER).
R-83-871
117-118
93
ACCEPT PLAT "SECOND ADDITION TO MEDICAL CENTER"
R-83-872
118
94
ACCEPT PLAT "S.L.K. PROPERTIES".
R-83-873
119
95
DEFERRAL AND CONSIDERATION OF FIRST READING ORDINANCE
AMENDING ARTICLE 15, SPECIAL PUBLIC INTEREST DISTRICT,
SECTION 1570 SPI-7 7.1, 7.2-BRICKELL MIAMI RIVER RAPID
TRANSIT COMMERCIAL DISTRICTS.
DISCUSSION
119-120
96
FIRST READING ORDINANCE: AMEND ARTICLE 6, PD-H PLANNED
DEVELOPMENT HOUSING DISTRICTS.
1st READING
120-121
97
FIRST READING ORDINANCE: AMEND CHAPTER 2 OF THE CITY CODE,
SECTION 2-135, SUBSECTION 8, INCORPORATING BY REFERENCE
EXHIBIT D. URBAN PLAZAS FOR THE ADMINISTRATIVE REVIEW
OF URBAN PLAZAS.
1st READING
122
98
SECOND READING ORDINANCE: ESTABLISH THE MILLAGE RATE FOR
THE CITY OF MIAMI FOR THE FISCAL YEAR.
ORD. 9683
123-I.26
99
SECOND READING ORDINANCE: MAKE APPROPRIATIONS FOR FISCAL
YEAR ENDING SEPTEMBER 30, 1984.
ORD. 9684
127
100
SECOND READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL
LIMITS OF THE DOIMTOWN DEVELOPMENT DISTRICT AND FIXING THE
MILLAGE AT .4486.
ORD. 9685
127-131
101
A RESOLUTION PROVIDING 1/12 APPROPRIATION FOR THE DOWNTOWN
DEVELOPMENT AUTHORITY BASED ON FISCAT:YEAR '83-184 BUDGET
FIGURES.
R-83-874
131-134
102
RESOLUTION PROVIDING 1/12 FUNDING FOR FEDERAL REVENUE
SHARING FUND.
R-83-875
134-135
103
DISCUSSION ITEM: POSSIBLE ADDITION OF POLICE OFFICERS
IN THE NEXT FISCAL YEAR.
DISCUSSION
136
104
SECOND READING ORDINANCE: AMEND SECTIONS 1 AND 6 OF
ORDINANCE NO. 9502, ANNUAL APPROPRIATIONS ORDINANCE FOR
FISCAL YEAR ENDING SEPTEMBER 30, 1983, INCREASING THE
APPROPRIATIONS FOR THE ENTERPRISE FUND IN THE AMOUNT OF
$66,487. FOR THE ORANGE BOWL STADIUM.
ORD. 9686
136-137
105
EMERGENCY ORDINANCE; ESTABLISH SCHEDULE OF RENTS, RATES
AND CHARGES FOR USE AND OCCUPANCY OF THE CONVENTION CENTER,
CITY OF MIAMI, UNIVERSITY OF MIAMI .TJ.MES L. KNIGHT
INTERNATIONAL CENTER.
ORD. 9687
137-138
106
FIRRT READING ORDINANCE: AMEND CHAPTER 54, STREETS AND
SIDEWALKS, OF THE CODE OF THE CITY OF MIAMI, BY
DELETING SECTION 54-39 IN ITS ENTIRETY AND ADDING A NEW
SECTION 54-39, PROVIDING FOR STREET RESTORATION, PERMITS,
ETC.
1st READING
138-139
0
0
�rr�x
c14�i ��sgiffWfF,&DA
ITEM NO. I �7tUCT
P & Z - REGULAR SEPTEMBER 29, 1983
107
108
109
110
111
112
113
114
115
116
117
PUBLIC HEARING -RATIFY, APPROVE AND CONFIRM BY 4/5
AFFIRMATIVE VOTE THE ACTION OF THE CITY MANAGER IN
AUTHORIZING ALL HILL PLUMBING, INC. TO PERFORM EMERGENCY
REPAIRS AT THE MARINE STADIUM.
ALLOCATE $11,000. FROM THE CONTINGENT FUND AS MARCHING
MONIES FOR A FEDERAL GRANT AWARDED TO DADE HERITAGE
TRUST, TO COMPLETE RESTORATION OF THE OFFICE OF DR.
JAMES M. JACKSON, THE CITY'S FIRST PHYSICIAN.
APPOINTMENT TO THE MIAMI SPORTS AND EXHIBITION AUTHORITY.
(NOTE: ONE APPOINTMENT IS STILL PENDING TO BE MADE BY
COMMISSIONER CAROLLO).
AWARD BID, HADLEY PARK, MISCELLANEOUS IMPROVEMENT: P.N.M.
CORP.
DISCUSSION ITEM -POSSIBLE LOCATION FOR THE BOXING HALL
OF FAME.
BRIEF DISCUSSION ITEM -CITY RESPONSE TO EAST LITTLE HAVANA
TASK FORCE RECOMMENDATION.
FORMALIZING RESOLUTION NAMING THE CORAL GATE PICNIC
AREA AT S.W. 16TH STREET AND 32ND AVENUE, THE "TOMAS
CRUZ PICNIC AREA".
AUTHORIZE THE MANAGER TO ALLOCATE SUFFICIENT FUNDS
EQUAL TO 1/2 FUNDING FOR ELIZABETH VIRRICK BOXING GYM
PROGRAM.
FORMAL RESOLUTION OFFICIALLY CHANGING THE DATE OF THE
OCTOBER 13TH COMMISSION MEETING TO BE HELD ON OCTOBER
25, 1983.
MOTION APPOINTING COMMISSIONER J.L. PLUMMER JR., AS A
VOTING DELEGATE TO THE FLORIDA LEAGUE OF CITIES AND
MAKING PROVISIONS FOR REIMBURSEMENT OF EXPENDITURES.
EMERGENCY ORDINANCE: AMEND SECTIONS 1, 2, AND 6 OF
ORDINANCE NO. 9502 ADOPTED SEPTEMBER 23, 1982, THE ANNUAL
APPROPRIATIONS ORDINANCE TO COMPLY WITH PUBLIC LAW 92-512.
PACE # 8
ORDINANCE
sOLUTI ON
R-83-876
R-83-877
R-83-878
R-83-879
DISCUSSION
DISCUSSION
R-8 3-880
R-8 3-881
M-83-882
M-83-883
ORD. 9688
PAGE N0,
139-140
140
141
141-142
142-143
143
143 -144
144-146
146-148
148-149
150
MINUTES OF THE REGULAR PLANNING & ZONING
MEETING HF.I.D BY THE CITY COMMTSSION OF
MTAMI, FLORIDA
On the 29th day of September, 1983, the City Commission of Miami,
Florida, met at its regular meeting place in the City Hall, 3500 Pan Ameri-
can Drive, Miami, Florida, in regular session.
The meeting was called to order at 9:15 A.M., by Vice Mayor J. L.
Plummer, Jr., with the following members of the City Commission found to
be present:
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor J. L. Plummer, Jr.
ABSENT WERE: Commissioner Joe Carollo
Mayor Maurice A. Ferre
ALSO PRESENT UTERE:
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 Howard V. Gary, City Manager, who
then led those present in a pledge of allegiance to the flag.
NOTE FOR THE RECORD:
AGENDA ITEMS 86, 90, 37, 84, 45, 46 and 103
WERE PULLED FROM THE AGENDA.
(COMMISSIONER JOE CAROLLO ENTERS THE MEETING AT 9:25 A.M.)
1 • '_'E:; ES:' CrF —PTnr T £AR:'.It'G I:UT'0.^.ITY :0 STOP PLAC': 'T'NT
CF �`J)DITICI'FL :'!J'::IITG I„TErC It: Tt:L CIIry P^p!D?TIC ?'U^"'.r'
STUDY.
Mr. Carollo: Mr. Vice Mayor, Howard, I want to bring a matter up for dis-
cussion because there seems to be a tremendous amount of parking meters ap-
pearing all over the City. Many people have called my office to complain
about. The calls are coming from all segments of our society, not only from
the owners of businesses, but from all the people in general. Therefore, I
hereby make a motion requesting that the Offstreet Parking Authority stop
further placement of parking meters throughout the City until a study has
been made and the need for the additional meters has been established. Also,
that the neighbors and the merchants be contacted and allowed to give their
input as of their feelings towards the meters in their areas.
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Vice Mayor Plummer; Motion understood, further discussion. Is there a
second?
Mr. Dawkins: Second.
Vice Mayor Plummer: It's been moved and seconded. Call the roll.
The following motion was introduced by Commissioner Carollo, who
moved its adoption:
MOTION 83-834
A MOTION OFFICIALLY REQUESTING THE DIRECTOR OF THE OFF-STREET
PARKING AUTHORITY TO STOP, CEASE AND DESIST FROM THE PLACEMENT
OF ANY ADDITIONAL METERS THROUGHOUT THE CITY OF MIAMI PENDING
A STUDY TO ESTABLISH THE NEED FOR SAID METERS; FURTHER REQUEST-
ING THAT A MEETING BE SET UP WITH AFFECTED MERCHANTS BEFORE ANY
ADDITIONAL METERS ARE PLACED.
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 Demetrio Perez, Jr.
Vice Mayor J. L. Plummer, Jr,
NOES: None.
ABSENT: Mayor Maurice A. Ferre
2. DISCUSSI011 ITr": USE CF CITY VE.,ICLES 11ITH CITY
IDiidTIFT_CATIO_? USrn III THE COLLECTIOV
CF- "ONIES PLACED IN PARKIN, " F='r C.
(Due to electronic interference, the following discussion is set forth in
condensed form).
Commissioner Joe Carollo inquired of Mr. Roger Carlton, Director of the
Off -Street Parking Authority, as to the reasons why were City of Miami
vehicles, with City identification, being used for the collection of monies
placed in parking meters.
Mr. Carlton informed Commissioner Carollo that for about 10 years, the Off -
Street Parking Authority had been under contract with a private contractor
for the collection of said monies, and that part of the reason the terms of
the contract were so attractive was because, under said contract, the afore-
mentioned Company was to be provided with the necessary vehicles for the ful-
fillment of their task,
Commissioner Carollo requested that a full Report be rendered, in written form,
and that a copy of said Report be forwarded to each individual members of the
Commission.
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SEP 2 91983
5
3. CC': `iYDAT?O„S P7ESE',77n TO ''E" 'FENS OF THr 'V.DT.
DELEGA'rTOM .
Mavor Ferre apologizes for the brief delay in making these presentations
and thereupon proceeds to recognize Representative Ron Silver, and reads
the hereinbelow quoted Commendation into the public record:
"CO*QiE\`DAT ION"
'WHEREAS, Ron Silver is a respected attorney and politician
who has faithfully served his constituents as a member of the
Florida House of Representatives, and
'WHEREAS, over the last year, Representative Ron Silver served
as Chairman of the Dade Legislative Delegation and sponsored a
much needed Convention Development Tax, and
'WHEREAS, Representative Ron Silver has shown outstanding ini-
tiative in the areas of education, transportation, housing, and
appropriations, and
'WHEREAS, Although his elected district is North Miami Beach,
all of the residents of the City of Miami have benefited from
Representative Ron Silver's dedication to the betterment of the
quality of life in Greater Miami;
'NOW, THEREFORE, 1, Maurice A. Ferre, Mayor of the City of
Miami, Florida, do herebv commend:
R E P R E S E N T A T I V E R 0 N S I L V E R
for his strong leadership and unfalgging commitment to the better-
ment of our community,
Maurice A. Ferre
Mayor
September 29, 1983"
Representative Ron Silver stated his appreciation for the Commendation
received and reassured Members of the City Commission and the citizens of
Miami of his unending intent to continue to serve their interests.
Similar Commendations were presented to each and every member of the Dade
Legislative Delegation, namely:
Senator Joe Gersten Representative Jim Burke
Senator Jack Gordon Representative Humberto Cortina
Senator Gwen Margolis Representative John Cosgrove
Senator Carrie Meek Representative Elaine Gordon
Representative Barry Kutun
Representative Millie Logan
Representative Jefferson Reaves,
Immediately following the hereinabove Presentations, Mayor Ferre makes the
following statement:
Mayor Ferre: Ladies and gentlemen, we also have in our midst, a person who
without any question is probably one of the best legislators that the State
of Florida ever had historically. I had the honor and the privilege of
serving with Sandy D'Alemberte and I cannot think of a man that did more for
more people, just through his dedication to the well being of the State of
Florida and, Sandy, we are always honored with your presence, and even though
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SEP 2 9 1983
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you are no longer a legislator, we always have, I guess, what we call
Senatorial courtesy to those that have been elected officials, and, is
there anything in particular that we can do for you this morning? Are
you here on a special mission of any kind?
(INAUDIBLE BACKGROUND RESPONSE NOT PLACED INTO THE PUBLIC RECORD).
Mavor Ferre: You are here as counsel for a specific matter coming up
before us? All right, then we will get back to the regular agenda.
4. DISCUSSION ITEM AND DIRECTION TO THE CITY ATTORNEY TO DRAW UP
PROPOSED RESOLUTION TO INSURE MONEY SPENT FOR FESTIVALS AND
SPECIAL EVENTS ARE NOT EXCEED BEYOND BUDGET FIGURE.
Mayor Ferre: Since it is 9:30 A.M., we have another twenty minutes of pocket
items. We have to do these very ctuickly now.
Mr. Dawkins: Yes, I have one.
Mayor Ferre: All right, Commissioner Dawkins.
Mr. Dawkins: Mr. City Attorney, I would like ... Mr. Plummer - will my two
colleagues listen to this, because it will affect you, I hope. Mr. City
Attorney, would you draw up for me by the next meeting, a resolution for me
to present, or an ordinance, or whatever it takes, to insure that the monies
we have allocated for festivals and special programs be identified and once
that money is expended, exhausted, or run out, that there is a moratorium
on all other special funding until the next fiscal year.
Mr. Garcia -Pedrosa: All right, sir, I will.
Mr. Dawkins: Okay, thank you.
Mr. Carollo: I would like to take that even one step further. Just do it
like Hialeah and most other cities do nowadays, just put a complete freeze
on it, period! Just do away with all the partying, all the dancing.
Mr. Dawkins: All right, prepare two ordinances - whichever one. I am with
you Joe, I don't want to throw the baby out with the bath water. I want to
be sure we get one of them, so prepare two of them, please.
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4.A DIRECTION TO THE CITY CLERK PURSUANT TO THE REQUEST OF
CHANNET 23 T''' USE PPC's IN SELECTED PRECINCTS ON ELECTION
NIGHT.
Mayor Ferre: J. L., do you have any pocket items?
Mr. Plummer: No, sir. Well, Mr. Mayor, I asked that if there is anyone
present to discuss this matter with Channel 23's request for...they are asking
for reconsideration, Mr. Mayor.
Mayor Ferre: I am glad you brought that out.
Mr. Plummer: Mr. Mayor, I discussed the matter with the people of Channel
23. I discussed the :natter with the Clerk. For the record, he is still
opposed. Mr. Mayor, I feel that I am willing to offer a motion, and I want
the motion - it is going to be very clearly worded, and it is going to be
very explicit. First of all, this is not just for a single T.V. station,
or single radio station. It would be information made available to all of
the media. It is my understanding that what is the request that is before
us presently, is done now in the County, as routine. As such, without get-
ting into the nuts and the bolts, it is my feeling that the County does it,
there can be no problems. They are the supervisors; they would be the super-
visors of any other kind of results and I would make a motion that the re-
quest before us, as presently done in Dade County be approved, no more, and
no less.
Mayor Ferre: J. L., I think for clarity's sake, I think....
Mr. Plummer: Got you.
Mayor Ferre: .... you need to put into the motion that we are talking about
sampling on a precinct basis....
Mr. Plummer: Sample ballots!
Mayor Ferre: .... done by the Dade County Elections Department...
Mr. Plummer: I said they would supervise.
Mayor Ferre: All right, in the same way that you said that they do in Dade
County.
Mr. Plummer: As they do presently in Dade County.
Mayor Ferre: And available to every...to all media and press.
Mr. Plummer: Yes, sir, but I want it very clearly understood, that this
City is not requesting, nor approving that any more or any less than what
is presently being done in the County today.
Mayor Ferre: Okay. Is there a second to that motion?
Mr. Perez: Second.
Mayor Ferre: Is there further discussion on the motion?
Mr. Carollo: Yes, there is, Mr. Mayor. There is certainly some further dis-
cussion on the motion. It is funny that just a few days ago this Commission
voted 5 - 0, after hearing the opinion of the City Clerk that this would
open even more possibilities for fraud in our election, and all five members
of this Commission agreed with the Clerk. Now, a few days later, I am see-
ing that a majority of my colleagues are going to change their minds. Let
me tell you how this whole thing came about, so that everybody understands
it and it is on the record. This whole thing came about because an individual
by the name of John Lasseville (at least how he calls himself here in the States)
has convinced a T.V. station that he is some kind of political expert, political
analyst. An individual that doesn't have the least amount of background anywhere
Id 05 SEP 2 9 1983
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in doing this type of work. Now, the station that he will be speaking on
on election night, he convinced the individuals of that station that this is
what he needed to be able to accomplish better reporting for the election.
To my knowledge and understanding, there is no other media in town that is
interested on this special request that has been made here. I personally
have some extreme concerns; my concerns being the following: Over a year
ago there was a series of reports. They were verified by some of my staff,
and myself personally. The reports stated, one of the local papers, that
the individual, Mr. Joe Malone, of the Elections Department - that is the
god of the computers, he is the ^nly one that knows what the heck is coming
up with the computers that are going to be programmed and will be counting
the voting results. Mr. Malone was an officer in a corporation with Mr.
John Lasseville and in fact, in one of the reports Mr. Lasseville stated
that he had paid Mr. Malone for some work. Later on, he changed his story
that no, he was mistaken. Mr. Lasseville has stated recently that he would
do anything he has to to make sure that certain people sitting in this
Commission are not elected. Well, to me any process that opens the door to
additional possibilities of fraud in an election is completely unacceptable.
Now, maybe some of my colleagues here feel threatened for whatever reasons.
At the same time, I understand that Mr. Lasseville is very deeply entrenched
in the campaign of the Mayor, which is his option to do that, but how in the
heck can this Commission reverse a decision a couple of days later and open
the possibilities even more, as the City Clerk has stated here recently, for
fraud to occur in this election. I think what we are doing is, we are send-
ing a message to the people of this community that a lot of rumors, the
allegations that have been circulating around, that maybe there is additional
reasons to feel that way, but I don't think this Commission should be feed-
ing any additional rumors, any additional allegations, and I think that we
should stick to the guidelines that we have always done. Now, after this
passes, I am going to make an additional motion that hopefully will bring
some additional guidelines and safeguards to this election.
Mayor Ferre: Is there further discussion on this issue at this time?
If not, call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION NO. 83-835
A MOTION AUTHORIZING AND DIRECTING THE CITY CLERK TO MAKE AVAILABLE
TO MEMBERS OF THE NEWS MEDIA THE SAME TYPE OF SERVICE PRESENTLY
RENDERED BY METROPOLITAN DADE COUNTY ELECTIONS DEPARTMENT, IN CON-
NECTION WITH THE USE OF PRECINCT BALLOT COUNTERS (P.B.C.) LOCATED AT
SPECIFICALLY LOCATED PRECINCTS IN ORDER TO AFFORD THE NEWS MEDIA THE
POSSIBILIT: TO FORECAST RESULTS; FURTHER STIPULATING THAT THIS SERVICE
WILL BE AVAILABLE TO ANY MEMBERS OF THE NEWS MEDIA WISHING TO BE PRE-
SENT DURING THIS PROCUEDURE.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
ABSENT: None
ON ROLL CALL:
Mayor Ferre: In voting "yes" I want to.put into the record the following
information so that this is abundantly clear. Mr. Joaquin Blaya, the Presi-
dent of Channel 23 and the Vice President of the the Spanish International
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SEP 2 91983
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Network called me. He called me ... I talked to him twice about this
matter. He informed me that he thought that it was important that the
news media have the opportunity to Froperly cover the elections. He was
not asking for anything different, or in any way new, other than what was
done by MetroF,c]itan Dade County in every other election, other than the
City election, including the State elections for the House of Representa-
tives, for the Senate of the St -ate of Florida, for the Governor, for the
Congressional Seats. It is a standard operating procedure throughout the
United States of America, where there is computerized election returns, and
what they do is, they select ten precincts and they take out ten sample
ballots and they put them through a computer, early, so that early on,
the computers can make basic predictions as to the direction of the cam-
paigns. The reason for that is so that the news media will be able to
(after, obvioiusly, the polls have closed) will be able to before 10:00 o'clock, make
statements as to the directions of campaigns. This is something that is
not run by anybody other than the Dade County Elections Department. To
satisfy myself, I personally called Mr. David Leahy, the Director, and I
asked him if he thought there was anything inappropriate, or wrong; if he
thought that this was a deviation of any procedure. Mr. Leahy told me
that there was nothing abnormal;' there as nothing wrong; there was nothing
different. That this is the way it was done for every election in Dade
County, and that there was no reason why the some procedure could not be
established by them - the Dade County Elections Board, for this City or
any other City and that that was standard procedure throughout the country.
Now, based on that, information which I did not have before, I have abso-
lutely no objections in pleasing a major media of our community, Channel
23, who I might say, as of right now, has unbelievably so, the Number one
news report in Dade County. It has the highest ratings for the Six O'Clock
News. It has a higher rating than Channel 4. They have a program which
beats even Dynasty and Dallas and Falcon Ridge and it has the highest rat-
ing of any television station of any program in Dade County, with a viewer-
ship, which as I recall, 23% or 24%, which is just unbelievable. Therefore,
this is not a minor television station. This is a major television station
in our community. Their request is reasonable, and it doesn't go beyond
standard operating procedure of Metropolitan Dade County, and based on that
I have no problems of voting "yes" for that request.
Mr. Plummer: Mr. Mayor, let me make the record very clear that this is not
an exclusive for any one television station, or radio, or printed media.
This is a service that will be made available to all media. In no way is
this an exclusive for any one given company.
5. MOTION DECLARING THAT U.S. MARSHALS SHALL BE PRESENT AT
EACH OF THE PRECINCTS WHERE P.B.C. UNITS ARE USED ON
ELECTION NIGHT.
Mr. Plummer: Wait a minute, Commissioner Carollo wanted to make a motion.
Mayor Ferre: Commissioner Carollo...I will be running this meeting and I
will recognize Commissioner Carollo and then there are others who also have
pocket items.
Mr. Carollo: If everything is as Kosher as he has stated for it to be, then
I would imagine that the Mayor and some of my colleagues would not have any
objections in the City officially requesting of the Justice Department to
have U. S. Marshalls present at each of those precincts that those ballots
will be opened before they are supposed to. I think that would safeguard
even more - anyone that has any questions, and I assure you there a lot of
people out there with questions on this, that their questions will be put
to rest and at ease.
Mr. Plummer: I have no problem with that at all, Mr. Mayor. I will second
the motion. We would request that if they so see fit, they can be there,
and I have absolutely no problem with that.
ld SEP 2 9 1983
Mayor Ferre: We have a motion, and I will recognize that we have a second.
Obviously, if you vote against this motion, the implication is that you are
a bad guy, but I want to just on the record say that the City of Miami, is
increasingly, because of things like this, and I am sorry that our colleague
Norman Cimcnt ended uF-, doing something which is similar in nature, making
statements that people end up regretting. Obviously, the implication is -
you know that this is going to make the wires. You know that this is going
to hit the New York Times and The Washington Post and AP and UPI and all
of that that the City of Miami and members of the Commission are so concerned
with fraud in an election when there has never been any implications of im-
propriety in elections in the City of Miami that i= run by the Dade County
Elections Department. However, I just want to make that statement into the
record, because I can just see what is going to come out of this and I just
want to clear my conscience on it, and I have no problem with voting for
the motion. Further discussion?
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION NO. 83-836
A MOTION AUTHORIZING AND DIRECTING THE CITY CLERK TO REQUEST
FROM THE U. S. DEPARTMENT OF JUSTICE THAT FEDERAL MARSHALLS BE
DISPATCHED TO EACH ONE OF TEN SELECTED CITY OF MIAMI VOTING
PRECINCTS WHERE PRECINCT BALLOT COUNTERS (P.B.C.'s) WILL BE IN
OPERATION DURING THE FORTHCIMING CITY OF MIAMI ELECTION ON THE
NIGHTS OF NOVEMBER 8TH AND 15TH, RESPECTIVELY, IN ORDER THAT
THEY MAY BE PRESENT AT AND ASSIST IN PRESERVING THE INTEGRITY
OF THE ELECTION PROCESS.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
ON ROLL CALL:
Mayor Ferre: Reluctantly, "yes".
6. DISCUSSION ITEM CONCERNING AIDE TO MAYOR FERRE.
Mayor Ferre: Any others?
Mr. Carollo: Yes, Mr. Mayor. One additional statement I'd like to make.
There is no way in the world, and you know that darn well, that the request
that I made comes anywhere in similarity to the statements and the requests
that were made by the Mayor that you mentioned in Miami Beach.
Mayor Ferre: Of course! I realize that, I was just talking about...
Mr. Carollo: Now, Mr. Mayor, I.will say this to you, publicly, eyeball to
eyeball. If you think something is so bad, then have the guts to vote against
it! But, don't say you are so much against it and then you reluctantly vote
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SEP 2 91983
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for it. That, I think, is total hypocrisy, something of the worst kind
that a human being could do.
Mayor Ferre: Commissioner Carollo, I am not going to get into a name
calling contest with you o;; 'his occasion. I have made a statement. I
think that we are focusi;. on the City of Miami the kind of publicity that
is going to further wear down the good name of this City and I made my
statement, I voted with the motion, because to vote against the motion,
obviously, would be an implication that I thought there was an impropriety
involved, and I am not going to get caught in that. But, don't tell me that
this City, and I am talking about not only Miami Beach, but Miami and
Dade County and all of this have now got to the point where throughout the
Country, we are continually on the front pages of newspapers dealing with
trying to regulate and tamper with the First Amendment of the Constitution,
and all kinds of different things, which I think, are slowly chipping away
at the credibility of this community, but you know, we all have our opinions.
You are entitled to your and I am entitled to mine.
Mr. Carollo: Mr. Mayor, I think that one of the best ways to safeguard the
name of Miami stands at the highest level that it possibly can, is by mak-
ing sure that the people that represent us, are of the highest possible
caliber and Mr. Mayor, you would have read the morning newspaper today -
I would hope that you would reconsider making some of the individuals as
you have a dollar a year aides that get stopped and arrested at the airport
for trying to take over the allowed currency, without reporting it to the
government, out of the Country. I would go even further and reconsider mak-
ing a dollar a year aide to individuals that are running the security for
Cubana Airlines, Sandinesta Airlines, and others that are in a court process
now because the security firm they represent owes the government over a
quarter of a million dollars. And I could go on and on and on, Mr. Mayor,
but, I think you get the message.
Mayor Ferre: Do you have any other attacks that you wish to present this
morning, Commissioner Carollo.
Mr. Carollo: Mr. Mayor, these are some clear and precise statement, and if
they are untrue, I suggest that, you know, you let me know they are not true.
Mayor Ferre: Are there any other personal attacks that you wish to make
this morning? All right, hearing none, I have several pocket items.
7. AUTHORIZE CITY MANAGER TO COMPLY WITH REQUEST TO ALLOW PLACEMENT
OF A REPLICA OF THE STATUE OF LIBERTY AT THE MANUEL ARTIME PARK.
Mayor Ferre: The first one deals with a request of Mr. Nicholas Morley,
who is asking that the Statue of Liberty provided by the Florida Cabinet,
and I will read the pertinent portion of the letter:
"...I agree that placing the Statute of Liberty in the Centro
Comunitario Dr. Manuel Artime Buesa in Little Havana will be
an ideal first step, since this is essentially the hub of the
largest ethnic group in our fair state. I will also implement
your further suggestions to open a Statue of Liberty headquarters
in Liberty City. I have asked Mr. Miller Dawkins to join the
Advisory Committee in accordance with the suggestions of both
yourself and Mr. Gary. While I realize this is an inconveniently
short notice, I would appreciate your asking the Commission's
approval to install the statue so that we could unveil it before
the end of next week, as time is running out. It is also an
appropriate time, as it is close to the Six Anniversary of the
tragic death of Dr. Artime. Provided your schedule, along with
those of the Committee and the Commissioners permits, I would
like you and the Commission to dedicate this event on or about
October 1st."
Now, this is a request. Is there a motion?
09 SEP 2 9 1983
Mr. Plummer: Mr. Mayor, that is Saturday.
Mayor Ferre: It is.
Mr. Plummer: How can you put it together by then?
Mayor Ferre: That's his problem. Statute of Liberty, Ellis Island,
Centennial Commission - Nicholas Morley is one of the people appointed by
the President.
Mr. Plummer: Mr. Mayor, I will move that we approve it, but I just don't
think that we can put it together by Saturday, and I would hate to see
this have less than the proper recognition.
Mayor Ferre: J. L., we are not putting it together. The Statue of Liberty
Committee is putting it together and paying for it, so all they are asking
us is the permission to put the Statue of Liberty in this location.
Mr. Plummer: I move.
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion? All right, call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION NO. 83-837
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO COMPLY WITH
A REQUEST TO ALLOW THE PLACEMENT OF A STATUE OF LIBERTY REPLICA AT
THE "MANUEL ARTIME PARK".
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
8. REFER TO MEMORIAL COMMITTEE A PROPOSAL TO RENAME MINI -PARK AT
LOTH STREET AND BRICKELL PLAZA AFTER ALLAN MORRIS, SR.
Mayor Ferre: As you know, and J. L., I think you are the only one here
who was present at the time - Allen Morris made a donation of a park
which has become a very important park off of Brickell Avenue. For years
we have been toying with the idea of naming it after him, and I think it
is only a fair thing, and I would like to ask the Commission at this time
to the naming of the mini -park located on 12th Street and Brickell Plaza
after Allen Morris, Sr., who certainly has paid his dues to this community.
Mr. Plummer: Mr. Mayor, I would be happy to move such and I think it should
be noted for the record and the ears of any developers who are present. Not
only did Mr. Morris dedicate and donate that piece of land, but he went one
10 SEP 291983
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41
step? further and he, at his expense, is maintaining that little mini -park
at his expense, and I think it is something that we would like to encourage
in the future, that developers do have a responsibility and as such, this
is a way that they can pay back to the community, something that the community
can remember and Mr. Allen Morris is a fine gentlemen, a tremendous Christian
in his beliefs and it is with pleasure that I mop;- that motion.
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion? Call the roll.
Mr. Plummer: Mr. Mayor, I think this would have to go to the Memorial
Committee as a standard procedure.
Mayor Ferre: Yes, yes, of course.
Mr. Plummer: And that would be of course, incorporated in my motion.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION NO. 83-838
A MOTION ACCEPTING IN PRINCIPLE A REQUEST RECEIVED FOR
THE RENAMING OF THE MINI -PARK AT LOTH STREET AND BRICKELL
PLAZA AFTER "ALLAN MORRIS, SIR,"; FURTHER DIRECTING THE
CITY MANAGER TO FORWARD SAID REQUEST TO THE MEMORIAL
COMMITTEE FOR THEIR REVIEW AND RECOMMENDATION.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
9. REQUEST CITY MANAGER TO EXAMINE AREA BEHIND ELIZABETH VIRRICK
BOXING GYM FOR USE OF BOAT TRAILER PARKING.
Mayor Ferre: The third pocket item that I have, is that there is an increasing
problem, Mr. Manager, with the complex between the parking over at Monty
Trainer's Restaurant and the boat ramps and what have you, as J. L. will
remember, when we went into that boat ramp business, that boat ramp was always
controversial, because of the location. Now, on the other hand it is there,
and I told Mr. Trainer that my position is very clear, that we need boat
ramps in this community and until we build new boat ramps, I am not for the
closing of that boat ramp, but I think he has a fair and reasonable request,
and that is that we close the boat ramp at 6:00 P.M. I think that is a fair
request.
Mr. Plummer: Mr. Mayor, you can't do it. Many people that go out fishing
don't come back until after 6:00 P.M. Mr. Mayor, what I would suggest - the
problem that is presently existing is the lack of spac,: for trailers. Once
the people bring their boat there and put their boat in, there is no place
to park their trailers, and frota what I have seen from personal observation,
if in fact the area (and I am nct trying to be a traffic engineer) directly
immediately behind the Virrick Gym could be very clearly deliniat d�for
11 P 2 9 1983.
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boat trailer parking only. That would be reserving like about twenty spaces,
which is usually adequate. Arid I think that a motion directing the City
Manager to look at that particular area and making it such that it would be
only for boat trailer parking would eliminate the problem. There is one
other area of problem, and that is, that many of the people, when parking
spaces run out, have been parking and blocking the ramps for the boats.
Here again, I think is a matter that can be solved by proper deliniation
and proper enforcement.
Mayor Ferre: All right, do you want to make that in the form of a motion?
Mayor Ferre: I would instruct the Manager that he immediately look into
the problem existing and find out solutions that would be agreeable for
all parties concerned.
Mr. Carollo: Second.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION NO. 83-839
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
INVESTIGATE THE POSSIBILITY THAT THE AREA LOCATED IMMEDI-
ATELY BEHIND THE "ELIZABETH VIRRICK BOXING GYM" BE USED AS
A PARKING FACILITY FOR BOAT TRAILERS! FURTHER REQUESTING
THAT HE REPORT HIS FINDINGS AT A FUTURE CITY COMMISSION
MEETING.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
10. PERSONAL APPEARANCE - DISCUSSION ITEM, SENATOR CARRIE MEEK.
Mayor Ferre: Senator Meek, if you would step forward.
Mr. Plummer: Is the photographer still here?
Mayor Ferre: There are few people in the State Legislature, and there are
very few freshman Senators who have done what Senator Carrie Meek has done
in such a short period of time. She has become one of the strongest repre-
sentatives of that this community has in Tallahassee. She has not only
honored herself and the Black community. She has honored the City of Miami
and all of Florida by the unbelievably effective work that she has done as
a State Senator, and on behalf of the City of Miami, its Commission and
the people of Miami, it is an honor for me to present this Certificate of
Appreciation.. -Senator Carrie Meek. 1
j SEP 2 9 1V
Id W
Senator Carrie Mee}: Mayor Ferre and the Commission of the City of Miami,
I am both pleased and humbled by your appreciation of my work, and I look
forward to a continued association with the City and I have received every
bit of support from this Commission and Mayor Ferre in my work in the
Legislature and Fick, whc is your workillg ma:. i-. Tallahassee, so I appreciate
it again. Thanks to all of you.
11. ALLOCATE FUNDS TO MIAMI SENIOR HIGH SCHOOL AND MIAMI NORTHWESTERN
SENIOR HIGH SCHOOL TO TRAVEL TO NEW YORY FOR A MACY'S DAY PARADE.
Mavor Ferre: At this time I would like to ask the members of the Miami High
School Marching Band to step forward, if they would, please, and Dr. Leonel
Alonzo, who has been, along with his association, a strong advocate of this
band. Let me qive you some background as a reminder of what occurred, and I
am not saying this in any way to be critical of the Orange Bowl Committee, but
I want you to understand the background of this. There is a special circum-
stance. The Orange Bowl Committee chooses the Marching nand for the Orange
Bowl festivities. The Miami High Marching Band came out as one of the very,
very best, but was not chosen. It is the only marching band in a high school
that is mostly made up of Hispanics. We protested that. The Orange Bowl
Committee decided that it could not change its ways or regulations. At
the time, they promised that in the future they would consider doing the
same. In the meantime, the City of Miami is the sponsor of the Orange
Bowl games. The City of Miami High, which is in the City of Miami, obvious-
ly, was excluded from participating. Subsequent to that, these young people,
represented here by the director, and some of the parents and associates went
and won national championships, so that not only did they prove their point,
I think because of the rejection by the Orange Bowl Committee, they went
out, practiced more and got even better and they became recognized nationally.
Now, they need to go to New York. As you know, we send a marching band to
Germany recently, thanks to the help of Air Florida and others, and the ques-
tion that comes before us now is whether or not the City of Miami wishes to
help the marching band of Miami High. At this time I would like to recognize
the director.
Mr. Plummer: Mr. Mayor, before the Director speaks, I have to ask the City
Attorney if I have a conflict of interest. I am probably the only member of
this Commission sitting here who was formerly a member of that marching band,
and I want to tell you that I would not be much of an alumni if I didn't do
everything within my power to see that my high school is represented nation
wide and representing this fine City. Mr. City Attorney, if you vote and
say positively that I am in a conflict of interest, I am going to rule you
out of order!
Mr. Garcia -Pedrosa: No, Mr. Vice -Mayor, but I would say that you used to
play the tuba so poorly that you probably presented a different conflict to
the band!
Mr. Plummer: You are wrong, Mr. City -Attorney! I played the French horn!
(LAUGHTER)
Mr. Dawkins: Since Mr. Plummer is an alumni from that school, and since
he is desirous of having that school represent him, I think he should pick
up the tab for the whole trip! ... and write it off as a Plummer's Funeral
Home contribution! (LAUGHTER)
Mr. Plummer: I will, Mr. Dawkins, just as long as you sign the check.
Mayor Ferre: All right, sir.
Mr. Victor Lopez: Good Morning, Mr. Mayor and Commissioners. My name is
Victor Lopez. I am the band director of Miami Senior High School. We are
here this morning to ask for your support. As you know, the trip is going
to cost a lot of money to our financially needed students, and we tried
get some free flights up there, and it hasn't worked. You know the air-
lines are having more problems now than they were a couple of months back
and we are here this morning to ask you if you can please support our
Id 3 SEP 2 9 1983
band with assistance of at least $5,000.
Mayor Ferre: Well, where is it that you are going, and what is it that you
are going t do'. -
Mr. Lol)ez: Oka,..*, I thought yuu knew all about this, and I was trying to make
it short.
Mayor Ferre: We know, but the public doesn't, and a lot of people here...
Mr. Lopez: We have been invited to perform at Macy's Day Thanksgiving Parade
in New York City, which is seen by over 30,000,000 on national T.V. - N.B.C.
and C.B.S. This parade of course, is going to bring about a lot of positive
recognition to the City of Miami, which is much needed, and it is going to be
seen...
Mr. Dawkins: Mr. Lopez, you don't have to go on any further. If we can
support a Miss U.S.A. Pageant, I am pretty sure that this Commission can sup-
port something constructive, as Commissioner Carollo, Plummer and the rest
of us say, "for our little boys and girls". The only thing that I am going
to tack on to that is that I did not read the article, but I am going to make
a motion now that we give your school $5,000 to go and Northwestern has been
invited and we give them $5,000 also.
Mr. Plummer: Second the motion.
Mayor Ferre: All right, there is a motion and a second. Is there further
discussion?
Mr. Carollo: No further discussion.
Mayor Ferre: Further discussion? All right, call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption.
MOTION NO. 63-840
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TC
ALLOCATE AN AMOUNT NOT TO EXCEED $5,000 TO BE GIVEN AS A
CONTRIBUTION TO THE MIAMI SENIOR HIGH SCHOOL BAND AND
$5,000 TO THE MIAMI NORTHWESTERN HIGH SCHOOL BAND, IN
ORDER TO HELP THEM DEFRAY TRANSPORTATION EXPENSES FOR
BOTH BANDS TO TRAVEL TO NEW YORK CITY TO PARTICIPATE IN
THE "MACY'S THANKSGIVING PARADE".
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
ON ROLL CALL:
Mayor Ferre: In voting "yes" I want to commend the director and all the
members and I also want to make special note that it has been Dr. Leonel
Alonzo who has been persistent in insisting that this matter be brought
to this Commission. In typical fashion, he and his committee's conscien-
tious work is pro of the welfare of the people of Miami, and I thank Dr.
Alonzo and his association.
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SEP 2 91983
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12. DISCUSSION ITEM - STRANGLED TRAFFIC CONDITIONS IN THE
DOWNTOWN A?EA.
Mr. Plummer: Mayor, mine is not really a pocket item. I have appealed to
this Commission a month ago, Mr. Gary. I appealed to this Commission a month
ago that the downtown area is being strangle@ with traffic. It is now worse
than it was a month ago. I realize there are problems. There are problems
with the construction of the downtown people mover. There are problems with
the downtown rapid transit. The problems brought out by Commissioner Carollo
this morning with more parking meters everywhere and being taken up. Mr. Gary,
I am telling you once again that downtown is strangling! Something has to be
done, and done now! There are problems, yes, but there have got to be answers.
There has got to be solutions, because if you don't it is going to continue to
get worse, and I want to tell you, Mr. Gary, I don't what can be a greater
detriment to downtown Miami, if people can't get there. Now, they are insulted
by $16.00 to $13.00 a day parking. That is a fact of life, but they are not
going to be able to pay that parking fee, because they can't get there. I
want to tell you that I came across the S. W. 1st Street bridge about three
days ago, and to get three blocks to the Federal Building took me twenty-two
minutes! Mr. Gary, I say to you, sir, in behalf of myself who has to travel
downtown, plus all of the people who work there, you have got to address this
problem and you have got to address it now! If you don't, God help us all,
that is all I have got to say. Thank you, Mr. Mayor.
13. ALLOCATE $800.00 TO ASSIST IN EXPENSES IN CONNECTION WITH
HISPANIC CULTURE IN MIAMI EVENT TO BE HELD AT THE FOUR
AMBASSADORS HOTEL.
Mayor Ferre: All right, Commissioner Perez.
Mr. Perez: Mr. Mayor, I would like to recognize first a group from the
Hispanic Cultural Institute, Dr. Muguel Guitart.
Mayor Ferre: Dr. Guitart.
Dr. Muguel Guitart: Mr. Mayor and Commissioners, I am the President of the
Institute of Hispanic Culture in Miami. Next October llth we will have a
night in the Four Ambassadors. Our institution will award diplomas to
students and teachers of all official and privates schools in our area
doing a fine job in the field of Spanish - learning and teaching in Spanish
in the best way they can. Each school has the job of selecting the best
teacher and the best student in the field of Spanish, and we have invited
one of the highest figures in Spain, Professor Gregorio Maranon y Moya, a
lawyer, a writer, a member of different academies, well renowned internationally,
he is well known one in the highest in Spain and he will come to Miami October 9th
to participate in the awardina of the diploma to students and teachers. The
diplomas have been named Don Miguel de Cevantes Saarveda for the teachers
and Don Quijote de la Mancha for the students. We have expenses. We are
covering the traveling of Gregorio Maranon - all expenses here are $7,000,
and we need the help of the City of Miami to cover the cost, and another
cost on top of this, about $800 will be necessary to cover the expenses of
this act, and the meeting of Dr. Gregorio Maranon y Moya in Miami is important
because he is well known internationally and will be an asset for our City
and our institution is asking for your help in order that we are not snore of
money to cover all expenses. Thank you, very much.
Mayor Ferre: Anything else?
Mr. Perez: Mr. Mayor, I think that the visit of Dr. Gregorio Maranon, world
known international personality would be an honor for this community, and
would be an asset for the international projection of our City of Miami,
M SEP 2 9 1983
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and I would like to recognize the efforts of this group and I would like to
move a motion to approve the $BOO that they are requesting in order to cover
a part of the $7,000 in expense that they project, and I move that motion.
Mr. Plummer: Second the motion.
Mr. Carollo: $80("
Mr. Plummer: $800.
Mayor Ferre: It has been moved and seconded. Further discussion? Call the roll.
The following motion was introduced by Commissioner Perez, whc moved
its adoption.
MOTION NO. 83-841
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE
AN AMOUNT NOT TO EXCEED $800 TO BE GIVEN AS A CONTRIBUTION TO
THE "INSTITUTE OF HISPANIC CULTURE OF MIAMI" TO HELP DEFRAY
EXPENSES IN CONNECTION WITH AN AWARDS EVENT FOR STUDENTS AND
TEACHERS TO BE HELD AT THE "FOUR AMBASSADORS HOTEL" DURING
THE MONTH OF OCTOBER.
Capon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
14. DISCUSSION ITEM - YOUTH CO-OP TRAINING PROGRAM.
Mr. Perez: I have a letter here from Youth Co-op, signed by Francisco Sitjes,
the Executive Director that they want to make a presentation, and I would like
to...
Mr. Francisco Sitjes: My name is Francisco B. Sitjes, Executive Director for
Youth Co-op, 1850 S. W. 8th Street. Mr. Mayor and Commissioners of the City
of Miami,and City Manager, thank you for this opportunity. The reason why I
addressed this problem to Commissioner Demetrio Perez is because we are receiv-
ing a qrant to serve Cuban entrants for the City of Miami for the amount of
$81,207 for the period of July 1st to June 30, 1984. With those monies we
are serving this community in the following areas; On the job training,
merchandising, vocational and skill training, and employability and skills training.
Due to the cut in the budget, not only through this program, because last
year we received to run the same program the amount of $200,000 from the City,
but due to other cuts in our budget, we are forced to put less emphasis in
some of the areas that I consider very important. Those two areas are on
the job training and the other one is working more closely with the families
of these people. I believe that some of the problems that we have in our
community are due because of the lack of communication between the participants
and their families, and unfortunately because of the limitation of these funds,
we only can work with the participants and not with their families. I would
like to see if this Commission can consider a deal to allocate some monies in
order that my agency can work -with the families of these participants, not only
with adults, but also with the children, for orienting them in careers, part-
time, and trying to make them more adjusted to our community. We have been
working with this communtiy for ten years and I believe that we know what is
needed in our community. Besides that, I think it is extremely important that
we work with these people more intensively in the on the job training counseling,
where we place these people with employers, private enterprises, where we
SEP 2 91983
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reimburse 50° of the amount spent in wages to the owners of these places. As
you will know, starting October 1st, and that is next Monday, these partici-
pants won't receive any stipends, any allowances, any wages at all. So there-
fore, we would like to work with these people more intensively in trying to
find jobs for them and make their life a litt]c= easier. Thank you for the
opportunity; if you have any questions, I would be very happy to answer them.
Mr. Perez: How much are you requesting?
Mr. Sitjes: We are requesting the amount of $29,800.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir, Mr. Manager.
Mr. Sitjes: That is only (excuse me) to hire the right people to work in
the on the job training council, and the provide the counseling, and to pro-
vide the counseling that I would like to see with their families and the
children. Thank you.
Mayor Ferre: All right, Mr. Manager.
Mr. Gary: Mr. Mayor, I would think that the appropriate way to handle these
types of requests would be to submit proposals to the Administration to have
us to review prior to us being surprised at these meetings without being able
to give the City Commission any kind of feedback.
Mayor Ferre: Well, that has always been the standard way that we have done it.
Mr. Gary: Yes, sir.
Mayor Ferre: I want to say on the record, Mr. Manager, that I don't know of
an organization that has worked more diligently for the youth of our community
and has done a better job than Youth Co-op. They have been established now
for well over a decade, and it is one of the major funded agencies that has
received Federal funds, Metropolitan Dade County funds, United Way funds, as
I recall, and they have a high credibility and a good record, so I would feel
very strongly that we should help in any way that we can.
Mr. Gary: If it is needed.
Mayor Ferre: At this time then, what you want to do is refer it to the
Manager for...
Mr. Perez: Yes, but I would like to request the cooperation and the attention
of the Manager's office in order to have reports for the next regular Commis-
sion meeting, because they tried to call the attention of this Commission in
a reference to an urgent situation, and I think it is important to pay atten-
tion.
Mayor Ferre: All right, sir, thank you. Any further statments, now?
15. PROPOSAL FOR LOW INCOME AND MODERATE HOUSING PROGRAM; CITY
MANAGER DIRECTED TO MEET WITH MR. ED LONDON.
Mr. Carollo: Yes, Mr. Mayor, not on this subject, but I do have one last
pocket item for today.
Mayor Ferre: Go right ahead.
Mr. Carollo: Some two years ago, a gentleman by the name of Ed London came
to this Commission at my request to present a proposal for low income and
moderate housing. At that time, for a variety of reasons, the proposal for
a pilot project did not get off the ground. Recently, I ran into Mr. London,
and I asked him what had become of the piece of property that he had, which
was the property that was to be used for the pilot project that he had presented
'1
SEP 2 9 1983
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to this Commission some time back. He was supposedly trying to sell it and
get rid of it and had just about given up in following the plan as outlined
to us some time ago. I think that while government can do some to alleviate
the drastic problems that we are having in low income and moderate housing_
in the City of Miami, we are going to have to depend a heck of a lot more
on private enterprise to come in, if we are really going to make a serious
dent in the housing problem that we have in the City of Miami. What I would
like to do is have Mr. London come up and present to us a plan that he has
with the changes he made since he last came before the Commission, adjusting
the plan to what hopefully wiil be a consensus cf the Commission would be in
favor of, and then after he presents and over-all view of the plan, to in-
struct him to meet with Dena Spillman and go over the fine points and bring
it back to the Commission within 3,,,, da•v s, so that this Commission could take
action and do at least one pilot program and if it works I have every bit
faith that it would, then proceed with it, and I think it would be the way
that this City could go in alleviating in a major way the low income and
moderate housing problems that we have in the City of Miami.
Mayor Ferre: All right, Mr. London.
Mr. Carollo: If you would, Mr. London.
Mayor Ferre: Ed, please step forward. You know that this is a non-scheduled
item and it is a pocket item, and I only have one problem with it, because I
have a message here from a doctor who is here on Item Number 4 who has to be
in surgery at 10:00 o'clock. It is now 10:30 A.M. You know, out of courtesy
to whoever the patient is...no, no! I don't want you to...
Mr. Ed London: I don't want somebody to die on my behalf. I'd rather sit
down and come back.
Mayor Ferre: I don't want you ':o sit down. The only thing is, I need to
know how much time your presentation is going to take, because if you are
talking about an hour or a half hour...
Mr. London: I would say five to ten minutes, maximum.
Mayor Ferre: Okay, if you could do it in five minutes, I would be grateful
and I would be happy to schedule you to come before us as a scheduled item
at the next meeting and then you could have whatever time you would need to
do that.
Mr. London: Thank you. Mr. Mayor and Commissioners, two Commissioners that
were on the Board before, about three years ago I came before the Commission
when a proposed rent control ordinance was discussed, and I came in conjunction
with the Miami Board of Realtors and we were proposing alternate methods of
providing low rent housing in the City of Miami, other than rent control.
At the time, I acquired a parcel of property in Little Havana, 50 by 100 feet
dimension, and we proposed putting thirty units on there - thirty efficiency
apartments. Architect Willy Baroto drew up the units to be presented to the
Board. There was some gentlemen on the Commission who had misgivings about
the size of the apartments and various other things that we asked for, and
we got absolutely nowhere and came back and it was a dead item. When I spoke
to Joe, he asked me, as he said before if there was anything else we could do
to modify it so it would be acceptable. About a year ago I was in California,
in San Francisco, about 30 miles south in a town called Fremont, where I saw
efficiencies and one bedroom townhouses of 400 square feet, 450 square feet -
attractive, successful. I mentioned it to Joe that I thought on this site to
reduce the density to ten -units, to build individual townhouses and at a very
economical price, would be feasible. Before I had an architect go ahead and
do anything, before I do anything, I mentioned to him that I want to know what
your feeling was on this type of item. I spoke to Dena Spillman about a year
ago after I saw this. She said this was certainly more in their way of look-
ing at it than the thirty units would be, but in order to make this success-
ful, I would require variances for off-street parking, variances in the square
foot requirements of the individual units to reduce from 450 to 400, variances
in setback. I proposed before to do this as a non-profit item. I propose now
to do it in the following manner. I will build the things at my cost. At
that time when it is completed, the City of Miami can buy it at my cost, if
they would like. They can lease it to their housing program, if they would
like, or in lieu of that, I will keep it or sell it, or use it as a low
rental housing program for the City of Miami. If it is successful, it can
be a prototype. It is strictly a pilot program. I don't intend to go into
this business as my main source of income.
8 S E P 2 9 1983
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Mayor Ferre: Dena Spillman is here, and Mr. Manager...Commissioner Car-
rollo, do you want to make a motion to this effect, or how do you want to
handle it?
Mr. London: One last thing, Mr. Mayor. I will be brief. There is a
project, which I mentioned to Dena, which you actually could see in Fre-
mont, California, south of San Francisco, so she could actually see the
project that has been built - same type of house. I am not tryinq to be
a pioneer, I was just copying what they have done - just copy it in the
City of Miami.
Mr. Carollo: I would make a motion, Mr. Mayor, that Dena would sit down
with Mr. London, and no later than say, the last meeting of October - if
they have enough time by then, if not before - they would come back before
this Commission with a finalized plan so that this Commission can make a
decision on whether they should go ahead with it or not. I think that
by going to this pilot program, this Commission can stand all to gain
and nothing to lose, so I would make a motion, based on what I said -
Dena meets with Mr. London and they come back to us no later than the last
meeting in October so that this,Commission can make a final decision.
Mr. Plummer: I'll second the motion.
Mayor Ferre: Further discussion? Call the roll.
Mr. Plummer: In discussion - let me say, Mr. London, as you know, I had
some problems with the initial concept. I am sure that they can be worked
out, but they have got to be, before the final concept comes before us, and
I think this is the proper way to do it, send it to our people, let them
work with you and then as Joe said, bring it back before the end of October.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION NO. 83-842
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO MEET
WITH MR. ED LONDON IN CONNECTION WITH HIS PROPOSAL FOR LOW
INCOME -AND MODERATE HOUSING FURTHER REQUESTING OF THE
MANAGER TO COME BACK TO THE CITY COMMISSION NO LATER THAN ITS
OCTOBER MEETING WITH A FINAL PLAN SO THAT THE COMMISSION
CAN DETERMINE IF THEY WISH TO PROCEED WITH THIS PROPOSED
PILOT PROGRAM.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
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16. SECOND READING ORDINANCE; CHANGE ZONING CLASSIFICATION FROM
RG-1/3 TO RO-3/6. - 330 S.W. 27 AVENUE.
Mayor Ferre: Is the doctor still here? All right, we are going to take
you up because of your medical problem here.
Dr. Bernito Hernandez: I am Bernito Hernandez, 330 S. W. 27th Avenue.
Mr. Plummer: Let me short-circuit this. This is Second Reading.
Mayor Ferre: This is Item 4.
Mr. Plummer: I understand. This is second reading. I moved it before
and Commissioner Perez seconded the motion. Unless there is anyone here
who wishes to speak in opposition, or the Department or the Administration
has anything further to add, I am ready to move it again.
Mayor Ferre: Is there anybody here who wishes to speak to Item 4? All
right, the motion has been moved by Commissioner Plummer.
Mr. Perez: Second.
Mayor Ferre: Perez seconds. Further discussion? Read the ordinance.
Hold on. Do you have a problem with this?
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: All right, there are copies of the Agenda. It is the
Medical Building Development Inc. at 330 S. W. 27th Avenue. For the
record again, is there anybody who wishes to speak on Item Number 4,
which is the Medical Building Development Inc. at 330 S. W. 27th Avenue.
This is a petition of an ordinance 9500 Atlas change from RG-1/3 to
RO-3/6. Does anybody in the audience wish to speak as an objector or
a proponent of this. Hearing none, read the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 95001 THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION OF APPROXIMATELY 330
SOUTHWEST 27TH AVENUE MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN) FROM RG-1/3
GENERAL RESIDENTIAL TO RO-3/6 RESIDENTIAL
OFFICE= BY MAKING FINDINGS1 AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 33 OF
SAID ZONING ATLAS MADE A PART OF ORDINANCE
NO. 9500 idY REFERENCE AND DESCRIPTION IN
ARTICLE 3, SECTION 300, THEREOF= CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of July 28, 1983,
it was taken up for its second and final reading by title and adoption.
Or, motion of Commissioner Plummer, seconded by Commissioner Perez,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
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AYES: Commiszioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mavor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9673
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.
L
DISCUSSION AND DEFERRAL OF CONSIDERATION CONCERNING APPEAL OF
VARIANCE AT APPROXIMATELY 3639 N. E. MIAMI PLACE.
Mayor Ferre: All right, this is a resolution on appeal, Item 52 and companion
Item 73, which is a plat change. Go ahead, sir - your name, address - state
your case.
Mr. Jose Camaro: My name is Jose Camaro. The address is 1312 Coral Way.
I am representing Eugene Prinz and Mr. Costanzo. The item that was being
heard - 73 was being reconsidered because the new evidence came up on the
last meeting. The new evidence is three points, basically. It was claimed
that they have an alley going through their property. Their property on
36th Street in Miami, on Miami Place and 1st Avenue. Right now there does
not exist an alley between them. It was only - at that time, the ten foot
alley was dedicated by deed only. The second point was that the requirement
of the alley that was brought up at the last meeting was on the Ordinance 9500,
which was not in effect when this took place. Just to bring everything up to
date, the property in question is the one in orange. The objectors are in the
blue. Right now there exists a ten foot alley right here. The ten foot alley
that was dedicated here in the orange is by deed only. It was never reserved,
it was never given to the City. There exists an existing ten foot alley in
the purple, on the lot across. The yellow indicates the proposed widening
of the ten foot alley that the City would like to make twenty. Basically,
there has never been an alley here. There is no need for an alley. If we
look at, on 36th Street, there is plenty of access on the dead end from Miami
Place and Miami Court, due to the expressway - these streets have become dead
ends. Therefore, the access could be provided to the site from the side
streets. An alley on such a small lot will not be needed, or feasible. If
you look, there is not much traffic going on on Miami Place or Miami Court,
therefore, the access, it could be on the side there, there is no need for
that alley there. If you look on the existing ten foot alley that cuts across
here, when it gets to Miami Place over by Food Among The Flowers, which is
shown on your plat 16-R on the City, it is nothing. This isn't a fence.
It is a utility pole. At the other end, over here, it runs in through the
middle of a church. This alley, the one in purple, it was a ten foot alley
back when 9500 was not in effect. We would like for the Board to reconsider
on this item. If access was need, from this point there is an existing con-
tract between Mr. Costanzo and Eugene Prinz to provide access to this site
from this point, by the parking area. Basically, under new discovered evi-
dence, we appeal that this appeal be granted.
Mayor Ferre: All right, we now have...
Mr. Dawkins: I'd like one question answered for me, Mr. Mayor.
Mayor Ferre: All right, go ahead.
Mr. Dawkins: I think you said, (and if I am in error, correct me) that the
alley was deeded, but not given. Is that what you said? What is the difference?
SEP 2 9 1983
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Mr. Camaro: It was reserved by deed.
Mr. Dawkins: What is the difference? If you deed something, it is given!
Mr. Camaro: It was reserved by deed only. I: was never used...
Mr. Dawkins: So well if it was reserved by deed, it is given!
Mr. Camaro: It has never been used.
Mr. Dawkins: No, no. See, you are mixing apples with oranges now. Let's
talk about one at a time. If it is deeded, it is given. Now, you are coming
to tell me that because it was not used, you want to take it back. Now, I
will buy that, but don't tell me it was never given!
Mr. Camaro: No, sir, but they also want to get another ten feet. They want
to make the alley twenty.
Mr. Dawkins: Yes, but, okay, I am talking about the ten feet that were given
and you say was deeded and not given. Now, I need to get clear in my mind
if it is deeded, is it given, or not?
Mr. Camaro: Okay, this orange one was deeded...
Mr. Dawkins: Deeded! So when it is deeded, it is given.
Mr. Camaro: Fine, okay, now, the City wants to take...
Mr. Dawkins: No, I am finished with it. I just wanted to clear that in my
mind. That is all.
Mr. Camaro: Okay.
Mayor Ferre: All right, are there further questions? Now let's hear from
the Department.
Mr. George Campbell: Mr. Mayor, and members of the Commission, if I may - the
name is George Campbell, representing the Department of Public Works. The
alley in question there, was in fact deeded many years ago. At the time that
the subject plat, Grant subdivision came up, which is the property here and
running over in an "L" shape. At the time this was platted, the Plat and
Street Committee requested and required a twenty foot wide alley in here. At
that time, if my memory serves correctly, we did not yet have the subdivision
regulations on board that we have now. However, recognizing the fact that
for vehicular movement and the fact that in alleys very often, we have utility
poles and so on, in order to make it a functional alley, allowing for circula-
tion of trash and garbage and what have you ... trucks, and for access to the
rear structures, such as this, for loading purposes, a twenty foot wide alley
is really the minimum that is functional. This is all in general, commercial
property along here. under the subdivision regulations, as now in the Code,
there is a requirement for a twenty foot wide alley adjacent to any commercial
property, particularly when it fronts on a heavily traveled street like this.
This then allows vehicles for buildings such as this to come in and unload
without having to stop on the street and block the traffic on the street, so
that the alley is required under the subdivision code now. The Plat and
Street Committee does have or did have the prerogative of requesting whatever
was necessary for proper traffic circulation and proper service to the property,
so that the alley should stay in place here and this is unplatted property
here, by the way. The buildings are there from many years ago, and whenever
these are demolished, or if there is a new building put to the north of them,
we will require the platting of this property, therefore we will continue the
alley then through to the next avenue so that you will have service available.
Are there any questions?
Mayor Ferre: Any questions of the Department? All right, let's hear from
the other side.
Mr. Camaro: May I answer a second Mr. Campbell's points?
Mayor Ferre: All right, quickly.
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,SEP 2 9 1983
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Mr. Camaro: The twenty foot alley under the new ordinance, it is not...
they went for the plat under the old ordinance. There exists no alley
here. There is no dedication, there is nothing here, okay? And all we
are asking for is that if it is twenty - the ten you got, let's don't
make it twenty. Proper access, vehicular access could be done from here
and here, frog. the the start of the building from the back. That's all.
Mayor Ferre: All right, now we will hear from the other side. Yes, sir.
Mr. Stuart Grant: My name is Stuart Grant, I live at 122E Meridian Avenue.
I am representing my parents, who are the owners, the Grant subdivision.
We all along tried to do everything that the City has requested of us.
We didn't discover the ten foot alley until we had already done a lot of
architectural studies for the site. When it came to our attention, we
truthfully reported its existence and when I came before the Plat and
Street Committee, they requested an additional ten feet, realizing that
would be required under the new ordinance and I must say that I was not
anxious to give up more property, but as Mr. Campbell said, that is the
City prerogative to request additional land for right-of-way. That's
basically it.
Mayor Ferre: All right, any rebuttal? Any other statements? Yes, Ma'am.
Ms. Judith Rosenthal: Yes, my name is Judith Rosenthal, I am an attorney
also representing Mr. Grant. I have law offices at 444 Brickell Avenue.
Basically, we have come before all of you this morning merely because we
wish to have the variance upheld and get the platting completed and over
with so that the Grants can start making useful use of the property. We
are not... let us say, we are in sympathy with the objectors this morning,
as the younger Mr. Grant said, they don't really want to have to give up
any more property than they must, but we are anxious to qet on with develop-
ing this property and this objection is slowing us down even further. We
have been continued again another two months, so if there is any way at all
this morning that we can have a decision that might allow us to go on with
the development of the property, we would appreciate that. Thank you.
Mayor Ferre: All right, are there any other questions? All right, any
further statements at this time?
Mr. Camaro: The only thing I want to say again is that the extra ten
feet of the new alley that they require under the new ordinance, at the time
the plat was admitted, we were under the old ordinance. That is all, thank you.
Mayor Ferre: Questions from the Commission and other... all right, what is the
will of this Commission at this time?
Mr. Carollo: So move to uphold the Planning Department's and the Zoning Board's
recommendation.
Mayor Ferre: Is there a second? Oh wait a minute, as I understand it, this
is what you are requesting?
Mr. Camaro: Yes.
Mayor Ferre: It is what you are requesting?
Mr. Dawkins: No, it is what the Planning Board is requesting.
Mr. Grant: We are requesting that the Commission uphold the variance granted
by the Zoning Board.
Mayor Ferre: Now, as I remember, this came up before the Commission and the
Commission voted on this matter. Now, the evidence that you are now bringing
up, because of the new zoning... you are shaking your head, what are you...?
Explain.
Mr.Whipple: If you are referring to your previous action on this item,
the Commission went ahead on the one item, when they got to the plat, you
Gentlemen brought up the issue of the alley, and that is when you took
back... rescinded your previous action to bring back here today as their
appeal so that they could introduce this new evidence. The evidence they
wanted to do was to bring to your attention the alley.
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Mayor Perre: So the question of th alley has been the key point.
Mr. Plummer: Well, let me understand. I am losinq something somewhere.
You are saying that. the alley presently there is not necessary.:'
Mr. Camaro: The alley that is presentl.., thert...
Mr. Plummer: Is ten feet.
Mr. Camaro: Is ten feet.
Mr. Plummer: That is dedicated.
Mr. Camaro: That is dedicated, but has never been used.
Mr. Plummer: All right, and you are contention is...
Mr. Camaro: Now, the City wants to make that alley twenty feet.
Mr. Plummer: Now, what is your contention, that it is not necessary for
even the ten, or you are objecting just to the...
Mr. Camaro: Exactly. Well, no, it is not even necessary for a ten! It has
never been used.
Mr. Plummer: Are you asking of this Commission today to eliminate the alley?
Are you asking this Commission today that you don't feel that ten is necessary,
or more than necessary, or are you objecting to the twenty. Let me understand.
Mr. Camaro: The extra ten is what we are objecting to.
Mr. Plummer: All right, so in other words, you say you could live with the
ten feet, but you don't want any more.
Mr. Camaro: That's right.
Mr. Plummer: Okay, what you are saying is, you are really not concerned about
the alley, as much as that your project be approved, so that you can proceed.
You have no problem with the ten feet, or no feet, or twenty feet.
Mr. Grant: Exactly, and really...
Mr. Plummer: So you are really not fighting each other. Well, you know,
usually the terminology around here is when they object, they are on the other
side, but I don't see that here. Now, as I see it, there is a middle ground,
and the middle ground is, first knowing the area as I do, I seriously myself
question that an alley first is needed. Second, that if it is, and they have
not built a case strong enough for me right now, that ten feet is the car or
truck width is adequate. All you are asking is to proceed with your project.
I don't see where we are apart. Mr. Public Works, would you stand up here and
give us your pearls of wisdom? Because you know, we are not talking about the
norm. This is one of those properties that are vitally affected by that
Chinese wall.
Mr. Campbell: That is correct.
Mr. Plummer: Okay, so now speak further to it and let me understand where
you are coming from. We have a third party.
Mr. Campbell: I end up being the bad guy, apparently. They alley in question,
first off, the one that is shown in the two colors there is on Mr. Grant's
property.
Mr. Plummer: We are talking about the orange?
Mr. Campbell: That is correct.
Mr. Plummer: The orange and the purple.
Mr. Campbell: The orange and yellow there.
Mr. Plummer: Okay. Wait a minute! The orange and the yellow?
044
.SEP 2 91983
Mr. Campbell: The little yellow strip above the orange strii, I believe.
Mr. Plummer: One of the two of us is colorblind. Oh, I see! Above there,
the shadowed area. The orange is what is there. The yellow is what you are
saying should be there com.'ined.
Mr. Campbell: That is correct, and that is on %1r. Grant's property.
Mr. Plummer: Okay.
Mr. Campbell: Which has the tentative plat and the plat is up for your
approval today. The property to the east of there, to the right, is this
gentlemen's property or, where the owner is.
Mr. Plummer: For which there is no dedication?
Mr. Campbell: There is a ten foot dedication, and there is a deed.
Mr. Plummer: Okay.
,Mr. Campbell: There is no deed in there? All right, there is no deed in
there. However, it is unplatted property.
Mr. Plummer: Okay.
Mr. Campbell: Before the northerly half can be developed, or before the
entire thing can be redeveloped, it will have to be platted, and at that
time, according to the subdivision control regulations, which is in the
code, the City will require a twenty foot wide alley, which will extend the
existing alley from Mr. Grant's property to the next property, to the avenue.
Mr. Plummer: Question. The only bearing I see on this hearing this morning,
is the predicate being set that if in effect this application is approved
with a twenty foot alley, it would be expected of these people when they apply
to have theirs platted. Are you objecting to the twenty foot?
Ms. Rosenthal: We have not objected because we were eager to get on with
everything else.
Mr. Plummer: It doesn't affect your property?
Ms. Rosenthal: It does to some extent. We would prefer to have perhaps a
larger piece of property with a smaller alley. The fact of the matter is,
on our property, there is a ten foot dedication, and in order to go along
with the City in order to facilitate all the other work that had to be done,
we acquiesce to the twenty feet. We were not delighted when that first came
up either.
Mr. Plummer: Yes, but in other words, if ten is adequate, and you had more
property, you would be better off. You are saying that you have the ten
feet, which would not be addressed today, but you don't want the precedent
set to affect you when you do wish to utilize your property, so then, what
this Commission is being asked to do is one of two things - either agree with
the Department on the twenty foot alley, or leave it at the ten.
Mr. Campbell: Right.
Mayor Ferre: And the Appellants want to leave it at ten and the people who
own the property want to have a twenty... they don't care.
Ms. Rosenthal: We just want to get on with our...
Mr. Plummer: Well, but you see...Maurice, let me tell you where I think we
are in a bind. That is really not the item before us. The item before us
is their zoning application, or variance application.
Mayor Ferre: No, it is a variance. As I understand it, they need to have
an average width of sixty feet and what they have is twenty-eight feet.
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Unidentified: But that is Item 52. We are addressing item 73 now.
Mayor Ferre: No, we are addressing Item 52.
Mr. Plummer: But, you see, look...let me go on the record, Maurice.
Mayor Ferre: You are opposed to Item 52, as I understand it, and they are
for Item 52. You are the Appellant.
Mr. Camaro: night.
Mayor Ferre: You are appealing the decision of the Zoning Board that
this variance be granted. You don't want the variance to be granted.
Mr. Camaro: That is correct.
Mr. Plummer: Predicated on the twenty feet.
Mayor Ferre: Okay, they want the variance to be granted. That is the way...
now, sure they care.
Mr. Grant: May I interject that that Item 52 has nothing to do with the
alley, and that is what they originally - they were originally objecting
to Item 52.
Mr. Plummer: Yes, it does affect the precedent, okay? Because, if you
allow the City to come forth and impose a twenty foot, it definitely is
going to affect them. There is no question about that. That is the
domino theory.. Now, let me go on the record where I am, because as I under-
stand it right now, Mr. Mayor, first of all, there does exist a hardship in
this area because of the Chinese wall. Second of all, if we don't loosen up
in this particular area, it is never going to turn around, it is going down.
This is the kind of thing we need to encourage development. I cannot for
the life of me, do I know of an alleyway or a vehicle that is wider than
ten feet. Now, what they want to do is they want to have a right to bring in
the garbage trucks and the utility trucks and whatever else. I think ten feet
is adequate. Now, we are not trying to put a street back there. A street is
what is twenty feet for two way traffic, and I just can't, for the life of me,
see the necessity of going to a twenty foot.
Mayor Ferre: I agree with you, but is that what is before us?
Mr. Plummer: As I see it, yes. Well, it is before us as it relates to these
people.
Mayor Ferre: Look, as I understand it, the Zoning Boare and the Department
recommended, and the Zoning Board granted a variance to permit the creation
of a lot, okay?
Mr. Plummer: That is 52.
Mayor Ferre: That is what we are talking about, as per survey on file with
an average width of twenty-eight feet, rather than the sixty feet that is
required. A second street frontage, which is twenty-five feet rather than
the thirty feet required, and subjected to a recorded unity of title and is
zoned C-5, which is liberal commercial. Okay, now the objectors, who are
presently here with the Appellant to this, okay?... they are opposed to
this because of the reasons that they have explained. All right, that is
Item 52. Now, it is very simple, do we grant the variance, yes, or no?
Unidentified: Mr. Mayor, there are two issues here. On the last meeting, the
two items were united as companion items, okay? The first item that I
addressed myself is the platting, which is the ten foot alley and the City
wants it to make it twenty foot, okay, which we are out again the extra ten
feet. on the variance, what we.are up against on the variance - the lot was
acquired, knowing that it was a substandard lot, therefore, when the Peti-
tioner bought the lot, they knew it was a substandard, now they want to
unite it and call it a hardship. Well, according to the ordinance, I believe
that it says that if it is caused by an action of the owner, it should not be
granted, or if it is self-inflicted, it should not be granted.
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Mayor Ferre: So in other words, what you are saying, there is no hardship,
then, because they were aware of the limitations when they purchased the
property. O�:ay, so that's what the issue is! Okay, where do we stand?
Mr. Grant: I would like to say that we presented our argument for the
issue of the second street frontage and for the minimum lot width at the
last Commission meeting. Tract "A" is ar, irrs-4alar lot and to say flat out
that our average width is twenty-eight feet, if you calculate the area of
Tract "A" mathematically, we believe that the average width is more than
sixty feet. However, that is not the standard method of calculation used.
Mayor Ferre: Because you mean it narrows down.
Mr. Grant: Also, the second street frontage, if we have an alley, we be-
lieve we have adequate frontage on an alley, we have adequate frontage on
N. E. Miami Place, as well as some frontage, at least very close to this
required frontage on N. E. 1st Avenue and we feel that the grant of the
variance was reasonable, and that it does present a hardship to us because
if we cannot plat the small piece as part of Tract "A", we will be unable
to use that property for anything and it is not of sufficient size to park
and if unplatted, it cannot be built upon, and if we can't use it, we would
almost be forced to sell to Mr. Prinz, and...
Mayor Ferre: Let me ask you, when you purchased this property, when your
parents purchased it, were they aware of all of this?
Mr. Grant: Not really, no. They perhaps acted without being well enough
informed, but we still feel that the grant of the variance is a reasonable
one.
Mayor Ferre: The problem that we have here is the classic problem of some-
body coming in and purchasing a piece of property and then because of the
shape of it, now then want to get variances which the Department has recog-
nized as a need. On the other hand, the people who are the Objectors, the
Appellants to this decision, feel that we shouldn't grant a variance, be-
cause these people were, or should have been aware, when they purchased
the property that they had these limitations. Now, where do we stand?
What does the Commission want to do on this?
Mr. Campbell: If I may, there is another thing that goes in here too on
this as far as the plat goes. If the Commission does not approve the
plat today, and if, for whatever reason they have to...you know, you can
get rid of the alley, or you can waive the alley width, or something like
that. This would cause again a delay for Mr. Grant in that it would be
necessary for him to return to the Plat and Street Committee with a re-
vised tentative plat and go through the whole process again.
Mayor Ferre: But, the problem is, Mr. Campbell, is that I don't see any
clear cut direction on this Commission at this point, and you know, we
seem to be now at a quandary as to which direction to take on this, be-
cause, I mean, there is some merit on both sides of the issue, and the
question is, whether or not we are willing to take that decision at this
time?
Air. Campbell: If I may suggest, the Item 52 deals with the variance
granted by the Board for the lot. It does not mention the alley at all,
Mayor Ferre: I realize that, but see, the Appellants are here objectinq
to it. They stated their case. Now, the people who own the land have
stated their case, and there is no clear-cut direction in this Commission
on this issue.
Mr. Campbell: Miqht I suqqest that when Item 73 is taken up as far as the
plat itself goes, that then you discuss the alley, but at this point, the
variance is the the thing in question that they are appealing.
Mayor Ferre: Well, what do you say - that we continue this?
Mr. Campbell: No, no, What I am saying is that you could...I am suggesting,
I should say, that you could take action on this item number 52, as far as
the lot width and so on goes, and then consider the alley when you take up
the item of the approval of the plat.'
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SEP 2 91983
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Mayor Ferre: Look, we need to move along now, one way or the other, so
let's...make your final statement and then Carollo, I will recognize your
motion and then we will see which way we are going on this. Make your
final statement.
UNIDENTIFIED: We just hope that the members of the Commission approve....
Mayor Ferre: Approve what?
UNIDENTIFIED: Approve our appeal - denv their ten foot variance and their ten
foot allev.
Mayor Ferre: We are not talking about their ten foot alley.
UNIDENTIFIED: The plat/
Mayor Ferre: We are talking about the variance.
UNIDENTIFIED: "File variances.
UNIDENTIFIED: Mr. Mayor, Dr. Waters who is an adjoinine property owner has
just arrived. Can he have a moment to speak?
Mayor Ferre: Quickly!
Dr. Waters: I think the thing is being unnecessarily complicated, Mr. Mayor.
We all had an opportunity to buy that piece of property. We all knew that is
was not a buildable lot. Anybody who bought it knew that. You said it your-
self. Why does the thing have to go into extra innings though, for something
like that? It is such a simple obvious thing. It was an unbuildable thing.
It had a shack on it before. It has been there for ages like that. It was
only an access way, we understood that for years and years.
Mayor Ferre: Okay, make your statement.
Ms. Rosenthal: Mr. Mayor, it seems that subject piece of property you were
talking about for the variance is a small lot. It is only useful to those
contiguous property owners - either the property immediately south of it,
or properties to the west.
Mayor Ferre: Unless we give you the variance.
Ms. Rosenthal: Unless you deny our use of the property entirely, which is
basically what would happen if we are denied the variance.
Mayor Ferre: How long have ;your clients owned the property?
Mr. Grant: We have owned the larger tract since about 1963. The smaller
piece, I think for three or four years. But, realize that if you do not
allow us to use that, the only person that could possibly purchase it are
the people that are objecting here.
Mayor Ferre: Yes, but when you bought the property two years ago, you knew
that!
Ms. Rosenthal: But they viewed it as an extension of the property that
they had, or hoped that they could use it as an extension of the property
that they already owned.
Mayor Ferre: All right, well - yes, sir.
Mr. Plummer: I want to tell you, Mr. Mayor, I am not ready to vote. I am
not going to voted until I understand it and at this particular point, I
don't see a clear cut understanding. I am lost. I don't mind admitting
I am lost. If it is ignorance, so be it, but I don't understand.
Mr. Carollo: J. L., why don't you make a motion to defer then?
Mayor Ferre: That is what he is about to do.
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Mr. Plummer: Well, unless somebody can come up and draw me a picture that I
can understand, I am going to defer. I want to tell you that.
Mr. Garcia -Pedrosa: J. L., the ninety days will elapse!
Mr. Campbell: Could I add one more point, Mr. Mayor and that is that the
little lot really shouldn't be of issue...
Mr. Plummer: So be it!
Mr. Garcia -Pedrosa: I agree, just want you to understand.
Mr. Gary: Are you ready, J. L.?
Mayor Ferre: There is a motion...
Mr. Campbell: The little lot should not be of issue, because the main
property has to be platted anyway. When the plat comes in for the main
property, the City is requesting the twenty foot alley, whether the little
lot is there or not, so and it is a...
Mayor Ferre: Look, you heard the statement made by Commissioner Plummer.
As you know, this City is long traditioned in deferring items when a mem-
ber of the Commission requested that an item be deferred for at least one
meeting and that is the request of Commissioner Plummer. is there a second
to that motion?
Mr. Perez: Second
Mr. Garcia -Pedrosa: I think he is going to over the ninety days.
Mr. Plummer: Any inconvenience that this causes, I am sorry, but you can-
not ask me to make a vote right or wrong, just to make a vote.
Mayor Ferre: Further discussion? Call the roll on deferral.
THEREUPON, MOTION TO DEFER APPEAL OF VARIANCE, duly made by
Commissioner Plummer and seconded by Commissioner Perez was
approved by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
18. DISCUSSION AND MOTION TO CONTINUE FOR FURTHER INFORMATION THE
PROPOSED ACCEPTANCE OF A PLAT AT N.E. MIAMI PLACE AND N.E.
36TH STREET ENTITLED "GRANT SUBDIVISION".
Mr. Plummer: And likewise on Item 73, with that part and parcel, I move the
same thing.
Mr. Carollo: Second.
Mayor Ferre: All right, there has been a motion and a second. Further dis-
cussion? Call the roll.
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SEP 29 1900
0
THEREUPON, MOTION TO CONTINUE FOR FURTHER INFORMATION ACCEPTANCE
OF PLAT, duly made by Commissioner Plummer and seconded by Com-
missioner Carollo was adopted by the following vote:
AYES: Commissioner
Commissioner
Vice -Mayor J.
Mayor Maurice
NOES: None
Demetrio Perez, Jr.
Joe Carollo
L. Plummer, Jr.
A. Ferre
ABSENT: Commissioner Miller J. Dawkins
19. ALLOCATE JOB PROGRAM, FUNDS TO BISCAYNE-WYNWOOD CHAMBER OF COMMERCE
AND PUERTO RICAN OPPORTUNITY CENTER.
Mayor Ferre: Now we are going to discuss the Jobs Bill funding of the Wynwood-
Biscayne Group, which is Item Number 95, that I told Mr. Santiago we would take
up immediately. All right, Reverend Matthews.
Mr. Dawkins: Mr. Manager, when we met with the citizens from this organiza-
tion, the Mayor was called away to a very urgent telephone call. When it be-
came obvious that we could not reach an impasse, I told these individuals
that if they came in here, so that they would not be here all day and they
could go back to their businesses, that we would hear this item first. Then,
when I get the agenda, it is at the bottom of the agenda. Can you explain to
me what happened, so I can explain to them, please.
Mr. Gary: I think it all depends on when you promised it to them. I am
pretty sure that the agenda was already out and secondly, I was not aware
that you wanted this to be the first item.
Mr. Dawkins: Okay, may I ask Mr. Fernandez what happened, sir? He was at
the meeting...Mr. Alvarez.
Mr. Alvarez: Commissioner, at the time that he requested that, the agenda
was being prepared, and it is the Planning & Zoning Agenda, and Planning &
Zoning items are placed first on that agenda. The non -Planning & Zoning
are scheduled on the end portion of the agenda. However, that does not
preclude you from taking the item out of order, which I understood that to
be your intention.
Mr. Dawkins: Okay, well, why wasn't it explained to the individuals at the
meeting that this was the procedure and that it could not be done. You see,
it makes me look very, very bad to have told these people something, and
then I told them in error and then Staff sat there and let me inform them
wrongly.
Mr. Gary: Well, Mr. Commissioner, just as you... this body normally does,
you have the authority to take items out of order, but you have instructed me
how to organize this agenda and when you talk about the Zoning meeting and
what is to be on Zoning and how to schedule those things that are non -zoning.
And that is what we have done. We have complied with the City Commission's
directive, as well as the law and you do have the right to take it out of
order.
Mr. Dawkins: Okay, I thank you, and I apologize to you. Had I known this,
I would have brought it up as a pocket item and we would have gotten it out,
but I just don't believe in pocket items, so please accept my apologies for
what it is worth.
Mr. Santiago: Commissioner Dawkins, we accept your apologies.
* 30
ld SEP 2 9 1r83
i 0
Mayor Ferre: Let me say, so that you understand, that by doing what we are
doing, we also have to apologize to the people that are here on scheduled
items. This is a regular City of Miami Commission meeting for zoning, and
what in effect we are doing, what we have been doing, is putting these
people that are on scheduled items behind. So, are apologies are not only
to you, but also to those that are having to sit here and wait for their
scheduled items.
Mr. Santiago: We understand, Mayor Ferre. Thank you for the opportunity
that you have given us to be here today and I would like to introduce two
of the members of the Biscayne-Wynwood Chamber of Commerce. I have got
Chairman of the Board, Mr. John Thatcher and Helen Fell, who is the Secretary
of the Board. You know, it isn't often that a depressed area of a community
is given the opportunity to use the resources of its most distinguished and
honorable merchants and businessmen of the area. The formation of the Biscayne-
Wynwood Chamber of Commerce gives Wynwood this opportunity and as a result of
this, the Chamber saw fit and saw a great necessity on the desperate job situa-
tion in the area and we thought that our priority should be some form of em-
ployment training and a placement project, so back in July we prepared a
proposal and came before the Commission to present a proposal for a $275,000
jobs program, and your Commission was so kind enough to have accepted the
proposal that we submitted and we left here happily that our proposal had
been accepted, and you know during July, August and September, we worked on
getting this proposal together, getting the instructors, preparing the site
for the training programs that are going to be held and getting the curriculum
together and just twenty days before the program is scheduled to start, all of
a sudden we realized that the Commissioners mislead us by allowing this program
to be put out for bids to the other sectors of the community that want to put
up a similar proposal. I think that the members of the Chamber of Commerce are
very disappointed at the way this has been handled. We should have never been
misled into believing that the Chamber of Commerce was granted this proposal.
It is kind of difficult after you have worked two months trying to set up a
proposal to have a few days to cut it down from $275,000 to half of that
amount. You know, we have had an opportunity to look at the proposal that
the Park has to offer and I see that their proposal has merit and we are
willing to work with them and allow them a certain part of the funds that was
supposedly granted to the Chamber of Commerce, but I feel that our project will
have a greater impact in our community, because we are addressing very serious
problems. Our project will be catering to the young, unemployed dropouts that
cause 90% of the problems that our community is faced with, and we feel that
our project should get at least $175,000 funding, and we are willing to give,
or for you to give the balance to the Puerto Rican Opportunity
Center to do their project.
Mayor Ferre: All right, thank you, Mr. Santiago. We will now hear from
other side and then there will be questions from the Commissioners and then
we will get a recommendation from the Administration and Reverend Mathews,
it would be my hope that we could...that everybody will walk out of here
happy and it is my intention to try to do that. All right, Mr. Thatcher.
Mr. John Thatcher: Mr. Mayor and Commissioner, I just want to say that I
don't think it is normal to go into a Chamber of Commerce organization as
the Biscayne-Wynwood Chamber of Commerce did with a dues schedule beginning
at $2,000. You can join a lot of Chambers of Commerce for a whole lot less
than $2,000, and the base system putting a dues schedule at this kind of
level from $2,000 to $1,500 to $1,000 and then some less, was to show that
this Chamber had support of the business people in the community, and that
they were willing to dig into their jeans and come up with some pretty big
bucks, which they did. And in so doing, then went to the Case Integro group
is a group to implement the type of program that the neighborhood seemed to
need, and this program that is proposed is directed not at one particular
ethnic group or one nationality, but at all the needs of that community.
And the type of program that they have got is one that is within the capa-
bilities of people in a disadvantaged area. We are not trying to make
sophisticated computer operators or something else. We are trying to give
them some basis skills that will help to improve the neighborhood and that
will help to improve those people, and so we ask that you give your serious
consideration to our request for a minimum of $175,000 to fund this job
training program, and we thank you for your attention.
31
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Mayor Ferre: Thank you, Mr. Thatcher. All right, now we will hear from the
P.R.O.C. groin,.
Ms. Griselle Torres: My name is Griselle Torres, and I am here on behalf of
the Puerto Rican Opportunity Center. We had agreed with the Chamber of
Commerce, otherwise I was not going to criticize the proposal. I am just
going to address what we had requested of the City for the area of Wynwood.
What the Puerto Rican Opportunity Center is requesting the City is to get
funds to implement a job training and job referral program for the citizens
and residents of Wynwood. We want to give them the opportunity to get train-
ing, specifically the group that is 16 to 24 years old, to get occupations =
such as computer operations and office clericals, which are high in demand
in the market at this point. Basically, that is what our proposal addresses.
We would not like to enter into the merits or non -merits of the Chamber of
Commerce. It was my understanding when we met with them that we were going
to meet together and we were going to try to work together to make this
program work, to try not to divide the community, but to create some other
source of services that the community is going to get benefits from. If
you have any questions, I will be more than happy to answer them for you.
Mayor Ferre: All right, now we will hear from the Administration.
Ms. Dena Spillman: As you know, we held a public meeting not long ago to
get public sentiment on this issue, and actually the public was about evenly
divided on which program they wanted to see. What we are prepared to recom-
mend (and don't throw anything at me, all right?) now $160,000 to each
organization. We have reviewed each proposal in depth. We feel that they
can operate with this much money, we have looked at their budget, and that
way, each week can provide the services that they have talked about pre-
viously. I might add that the Biscayne-Wynwood Chamber of Commerce has re-
quested $175,000 and the Puerto Rican Opportunity Center has requested
$180,000 plus, so it is a bit lower than they have requested, but we feel
they can operate with the money.
Mayor Ferre: All right, I would like to now make a statement to both groups
and into the record. In the first place, I think this is one of the very
first times that I have seen a business group from in this case the Biscayne
Boulevard area become involved in a serious community problem. There is no
way that I, as Mayor, can turn my back on the attempt that is being made here
by Biscayne-Wynwood Chamber of Commerce to do something construction for this
community. I think it is highly commendable that people such as John Thatcher
and others in the Biscayne Boulevard area have taken money from their personal
wealth and their corporate entities to try to help the community and I think
that it is not only commendable, but that the City of Miami has an obligation
to be supportive and helpful of this and I think that this is something that
we must do.
Mr. Plummer: So what do you recommend?
Mayor Ferre: On the other hand, I do think that the people in P.R.O.C.
are representatives of a major segment of this community. I, along with
others in this Commission, like Miller Dawkins, and yourself, J. L., and
others are appreciative of what is called street people and the street
approach to these problems. I think both groups have that, and I think
that the recommendations that is being proposed by the Administration is a
wise and just proposal. Now, the difference between one and the other is
a difference of $15,000. 1 would be hopeful in the motion that I would
support, in supporting the Administration's recommendation, and as the
budget year moves along, that we would be able to find (and John, I want you
to listen to this) the additional $15,000 for both groups, so that we can get
you up to the $175,000 funding level at this time, however we have not been
able to identify the missing $15,000 - $15,000 for each group, $30,000. I
would ask that you have a little bit of patience and faith with us and that
we will move along, advisedly and properly so that we will be able to have
both programs. There is only one condition that I have, and it has to be
done, otherwise I am not voting with you in this - that is, that both groups
must work in tandem. I do not want separate, rival, organizations. We have
been through that in Overtown. It took us four or five years to settle all
these rival groups into working as a team, and I think it must be done that
way. I don't want rival groups competing with each other for governmental
funds on something that is essential for the well-being of the community.
What is important here is not the pride of any group, and it is not the
pride of authorship, and it is not the politics of it. What is important
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2 SEP 2 91983
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are the people that are to be served, the people who are in need of job train-
ing and job opportunities, and I would hope that we would be able to do this
united, together, because that is the only way that this community is going to
progress in any way, and T completely subscribe to the Administration's recom-
mendation.
Mr. Plummer: Predicated on the wisdom of Solomon, I so move.
Mayor Ferre: Is there a second to the motion?
Mr. Perez: In other to completely unify this community, I second this motion.
Mavor Ferre: Is there further discussion on the motion as made? If not, call
the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-843
A RESOLUTION AMENDING SECTIONS 1 AND 2 OF RESOLUTION NO.
83-633, ADOPTED JULY 18, 1983, WHICH ALLOCATED COMMUNITY
DEVELOPMENT JOBS PROGRAM FUNDS TO THE BISCAYNE-WYNWOOD
CHAMBER OF COMMERCE, BY PROVIDING THAT THE ORIGINAL ALLO-
CATION OF $275,000 TO BISCAYNE-WYNWOOD CHAMBER OF COMMERCE
BE REDUCED BY $115,000 TO $160,000, AND THAT $160,000 BE
ALLOCATED TO THE PUERTO RICAN OPPORTUNITY CENTER; FURTHER
AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH
SAID AGENCIES SUBSTANTIALLY IN ACCORDANCE WITH THE PROPOSALS
SUBMITTED BY SAID AGENCIES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
*Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
*NOTE: Although absent on roll
call, Commissioner Carollo later
requested of the City Clerk to
be shown as voting with this
motion.
Mayor Ferre: Thank you for your patience, Ladies and Gentlemen. I would like
for you, Mr. Thatcher, as the Chairperson of your group, and the Chairperson of
the other group to report back to the Commission in the next three months to let
us know how you are getting along in unity, and I thank you for your patience.
20. DISCUSSION ITEM REGARDING PROPOSED APPOINTMENT TO THE SPORTS
CONVENTION AUTHORITY; TEMPORARILY DEFERRED.
Mayor Ferre: Are we ready to vote on the Sports Authority so that we can
get this thing - I think we can do that very quickly. All right, Raul
Masvidal is the Chairman. Mr. Plummer, would state into the record who it
is that you would like on the Sports Authority?
Mr. Plummer: Mr. Mayor, thank you. Mr. Gene Marks, very active at all times
in this community relating to sports and other activities, and Mr. Bill Bayer
are my two nominations.
Mayor Ferre: The way we are doing this, we all agreed on the Chairperson, is
that right?
33
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SEP 2 91983
Mr. Plummer: Correct.
Mayor Ferre: All right, now each one of us is goinq to select one and then
we will come back on the other one, and I am going to be votinq with Bill
Bayers, so...
Mr. Plummer: Okay, I will then nominate Mr. Gene Marks.
Mayor Ferre: A11 right, would you make your nominations?
Mr. Dawkins: Frankie Shannon Rolle.
Mayor Ferre: Mrs. Frankie Shannon Rolle. Mr. Perez, would you make your
nomination?
Mr. Perez: Eli Feinberg.
Mayor Ferre: Mr. Eli Feinberg. All right, is Commissioner Carollo here?
Would somebody get...
Mr. Feinberg: Is Ms. Rolle in the hotel business?
Mayor Ferre: Frankie Shannon Rolle.
Mr. Dawkins: No, she is not in the hotel business, but when we formed this
Board, --id we agreed to make Mr. Masvidal the Chairman, it was said that
each member of this Commission could appoint someone to the Board.
Mayor Ferre: Absolutely. That is right.
Mr. Dawkins: It is just that simple.
Mr. Feinberg: My concern is that the legislation says that the individual
must be from the hospitality industry and I am only concerned about it.
The legislation from Tallahassee indicates that the individuals must be
from the hospitality industry and am only concerned it...
Mr. Plummer: Mr. Feinberg, if you knew this individual, she is the most
hospitable person that I know!
Mr. Feinberg: Okay.
Mr. Garcia -Pedrosa: Tourist hospitality.
Mayor Ferre: At this time, we have the following individuals appointed:
Eli Feinberg, Gene Marks, and Mrs. Frankie Shannon Rolle. All right, then,
my appointment is Mr. Larry Turner. We now need the appointment of commis-
sioner Carollo. We are waiting for him. Would somebody tell Mr. Carollo we
need him in this room now? Commissioner Carollo, we are waiting for your
appointment to the Sports Authority... Sports Convention, I am sorry.
Mr. Carollo: Mr. Mayor, since there is a total of eight appointments to be
made besides the Chairman, correct?
Mayor Ferre: There is a Chairperson, which is Raul Masvidal. Each person
has one appointment. We are waiting for your appointment.
Mr. Carollo: Mr. Mayor, what I would like to do, if I may, at this point
in time, I have contacted several individuals, I still haven't been able to
meet with all of them - is have the opportunity to until at least the end of
the meeting to finish meeting with some of them.
Mayor Ferre: All right, we now therefore have the Chairperson and four, plus
the person you are going to appoint, that makes six, is that correct?
Mr. Carollo: That is correct.
Mayor Ferre: All right, then there is three that we are going to appoint
jointly. Now, for that, there is a nomination for Mr. Bill Bayer. Are there
other nominations?
Mavor
Ferre:
Georee Knox,
that
is two.
Z g
1953
Mayor
Ferre:
Mr. George
Knox.
3
.SEP
kd
��.
Mr. Carollo: I would like to nominate...
Mayor Ferre: Now, we have the request of the following people - Skip
Sheppard, Willy Gort and Hannibal Cox. I would like to nominate Willy Gort.
That makes three. Anybody else want to nominate anybody?
Mr. Carollo: I'd like to nominate Mr. Armando Codina.
Mayor Ferre: Mr. Armai;ac Codina, all right.
Mr. Perez: I would like to nominate Salc;non Yuken.
Mr. Carollo: Who?
Mr. Perez: Salomon Yuken.
Mayor Ferre: Y-u-k-e-n. All right, now we have five. We have to select
three out of those five.
Mr. Plummer: Mr. Mayor, I am missing ... oh, five, yes.
Mayor Ferre: We already have Bill Bayer, Willy Gort, George Knox, Armando
Codina and Salomon Yuken. Now, will you take a piece of paper —are there
any other nominations? Are there any other nominations at this time? Oh,
I am sorry —and Skippy Sheppard. I stand corrected. So, the nominees are
Skippy Sheppard, Willy Gort, Bill Bayer, George Knox, Armando Codina, and
Salomon Yuken.
Mr. Dawkins: How many do we have to get out of that?
Mr. Plummer: We vote for three, right?
Mayor Ferre: Three.
Mr. Feinberg: Did you mention Hannibal Cox also?
Mayor Ferre: Hannibal Cox, I will nominate Hannibal Cox.
Mr. Perez: I would like to nominate Juvenal Pina.
Mayor Ferre: Juvenal Pina. Okay, that makes another one. Now, write three
names down, if you would, please. All right, once you have your three names,
pass them on to the Clerk. Has everybody voted? Mr. Clerk, please read the
names.
Mr. Ongie: Just one second, please.
Mayor Ferre: Just read them into the record, we will do our own tabulations.
Just as you have them in front of you.
�5 SEP 2 91983
ld
tapes
Mrs. Matty Hirai: Mr. Bayer got three votes from Mr. Plummer, Mr. Carollo, and
Mayor Ferre. Mr. Gort got three votes from Mr. Plummer, Commissioner Perez, and
Mayor Ferre. Mr. Knox got two votes. Codina got two votes; Mr. Sheppard, one
vote; Mr. Pina, two votes; and Mr. Yuken, two votes.
Mr. Carollo: Matty, can you read the individuals that received two votes,
who voted for them?
Mrs. Hirai: Mr. Knox: from Mr. Plummer and Mayor Ferre.
Mr. Dawkins: Hold it, where is mine? I haven't heard you call my name.
Mr. Plummer: Call the Federal Marshall.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mrs. Hirai: Mr. Bayer - Plummer, Ferre, Carollo, Dawkins
Mr.
Gort
- Plummer, Perez, Ferre, Dawkins
Mr.
Knox
- Plummer, Ferre, Dawkins
Mr.
Codina
- Carollo
Mr. Sheppard
- One vote
Mr.
Pina
- Perez
Mr.
Yunken
- Perez
Mr. Carollo: I make a motion that we, unanimously approve the three individuals
that received three or more votes.
Mayor Ferre: There is a motion that Mr. Bill Bayer, Willie Gort, and George
Knox be unanimously approved. Is there a second? Further discussion? Call
the roll.
THEREUPON THE FOREGOING MOTION, duly introduced by
Commissioner Carollo and seconded by Commissioner
Dawkins, was passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
' Commissioner Demetrio Perez, Jr.
Commissioner Miller Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mayor Ferre: We will wait, then, for the final motion until Commissioner
Carollo has made his choice. What we have so far is Raul Masvidal, Eli
Feinberg, Larry Turner, Gene Marks, Frankie Shannon Rolle, Bill Bayer,
Willy Fort, George Knox. That makes eight. We are missing one person.
Mr. Plummer: Carollo's appointment is yet to be made.
sl 3"
SEP 2 91983
21. AUTHORIZE CITY MANAGER TO REQUEST FIRE RESCUE AND INSPECTION
SERVICES DEPARTMENT TO PROCESS ISSUANCE OF A PARTIAL CERTIFICATE
OF OCCUPANCY FOR THE SIXTHTH FLOOR ADDITION OF THE MIAMI HERALD.
Mayor Ferre: We now move to the regular agenda. We're on item number one.
This is a request by the Miami Herald Publishing Company for a partial
certificate. Mr. D'Alemberte, my apologies for the long delay.
Mr. Talbot D'Alemberte: Not at all, not at all, Mr. Mayor, Members of the Commission,
this matter has been before the Commission, I think, four or five times pre-
viously. If you recall, Dorrey Davis, my partner, has been here on other
occasions. I'm Talbot (Sandy) D'Alemberte of Southeast Bank appearing for
the Miami Herald. Mayor and Members of the Commission, we are asking that
you allow the City departments to inspect the property for a partial certi-
ficate of occupancy. I'm happy to give some explanation, but I think that
everything that needs to be said is in the memorandum.
Mayor Ferre: Is the Department in accordance with this?
Mr. Joe McManus: Yes, sir, Mr. Mayor, the Planning Department is recommending
that the Commission instruct the Manager to instruct the Building Department
to process a partial C.O. recognizing the progress that the Herald has made;
further requiring the Herald to either provide a performance bond, a letter
of credit in the amount of $110,000 representing the uncompleted work at this
point. We have discussed this with the Building Department. We don't see any
problems with this.
Mr. Dawkins: So move, as already amended by the Planning Department.
Mayor Ferre: Is there a second to the motion?
Mr. Carollo: Second.
Mayor Ferre: Further discussion? Call the roll, please.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption.
MOTION 83-844
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO REQUEST THE FIRE, RESCUE AND INSPECTION SERVICES
DEPARTMENT TO PROCESS ISSUANCE OF A PARTIAL CERTIFICATE
OF OCCUPANCY FOR THE SIXTH FLOOR ADDITION TO THE MIAMI
HERALD BUILDING PROVIDED THAT THE MIAMI HERALD PROVIDE AN
IRREVOCABLE LETTER OF CREDIT OR PERFORMANCE BOND IN THE
AMOUNT OF $110,000 REPRESENTING 110% OF THE REMAINING
33% OF THE BAYWALK AND LANDSCAPING TO BE COMPLETED BY
R-82-460 AND R-82-461, PASSED AT A COMMISSION MEETING
ON MAY 27, 1982; AND R-82-799, PASSED AND ADOPTED ON
SEPTEMBER 9, 1982, AND THE COVENANT DATED FEBRUARY 7, 1983.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
3/
SEP 2 9 1983
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0 A
22. DEFER CONSIDERATION OF AN APPEAL OF CONDITIONAL USE OF A PROPOSED
RECONSTRUCTION OF AN AMOCO OIL GAS STATION LOCATED AT 2301
S.W. 22 STREEI.
Mayor Ferre: We have a request now from David Rabinowitz, who is a friend of
this community for many, many years. It reads as follows:
"Is it possible to hear appeal 53? I have been appointed by
the court as a receiver in a judgement. I am supposed to be
on duty in the court right now. --David Rabinowitz."
Does anybody have any objections to that? J.L., would you chair the meeting?
Take up item 53.
Mr. Plummer: Is the applicant here'.on 53? To the department, are you on item
53? Are you the one who are asking for the appeal? No, you are asking for
the conditional use. You are the filling station? And you are representing...
you took the appeal?
Mr. Robinowitz: I took the appeal, right.
Mr. Plummer: If you would all come forward, please. Since you are the appellant,
you will be given the first opportunity to speak. They will have an opportunity
to speak. You will have rebuttal. Is there anyone else in the audience who
wishes to speak on item 53? Mr. Robinowitz, proceed, sir.
Mr. Rabinowitz: Thank you. I'd like to explain first of all I have been living
in this community for 40 years in the same house, the same neighborhood doing
business with that Amoco station on that corner since its inception through four
different owners. Just a short, brief background, some of you gentlemen remember
me and know the work I have done in the community with youth organizations and
the rehabilitation program I set up in Kendall Youth Hall, so I have given quite
a bit of time in this community since I have been here. This is something that
has come up. We have been dealing with this Amoco station about 137 citizens
in this community. They have self-service pumps, also full service, also a
mechanic on duty at all times.
Mr. Plummer: Excuse me, Mr. Robinowitz, do you have a petition from the 135
people?
Mr. xabinowitz: Yes, it's signed.
Mr. Plummer: It's been submitted to the clerk.
Mr. Rabinowitz: It's been submitted, yes.
Mr. Plummer: You have that exhibit, do you? Or it's part of the packet.
Mr. Rabinowitz: I didn't give it to you today. It's part of it, yes.
Mr. Plummer: Mr. Clerk?
Mr. Ongie: I don't know, Mr. Plummer.
Mr. Plummer: It's part of the packet. If you would get one of them and make
it part of the record, please, proceed.
Mr.Rabinowitz: Amoco station has come up with the idea they want to tear
us down and make it stricktly a self-service station, a one or two people
operation, no mechanic on duty, which is what we will lose. Those of you
who have cars and go to regular places where you bought them, do you know
how long it takes to repair a car? Two or three days and you have to leave
your car there. This —we get our service done the same day. It's been
going on for 22 years there. It's beautiful service. They have a full staff,
very courteous and at all times they take care of us, anything we have to do,
towing, repairing. Now they want to tear it down and make it a convenience
sl �8 SEP 2 91983
-..
Mr. Robinowitz (Con't): place where they will sell food and drinks. Now
there are convenience stores like this with Amoco about six blocks in either
direction, where they pump gas and sell crackers and sodas and everything else.
We don't need another one. They say they want to beautify the area. We have
no arguments with Amoco. I love their product. It serves me well, all the
people in the community. Why tear this station down? They want to beautify it?
Let them landscape the existing station, but leave it as a self-service and a
full service.
Mr. Plummer: All right, sir, for the record, if you would, state your name,
mailing address, and who you represent.
Mr. Bob Miller: My name is Bob Miller. Project Engineer with Amoco Oil,
at 2014 Clipper Straights in Snailville, Georgia. I'm representing Amoco,
of course. We have been at this location a number of years. It's been our
management's decision that we want to, we have to be competitive. So we
elected that we want to build this new type station, which we are putting up
all over the country. I appreciate his feelings and the way he likes our
product. I understand the full serve problem, but I think that this is a
free enterprice system and we certainly should be allowed to put the type
of service that we feel that we can make the best money and make the property
the best use of.
Mr. Plummer: Sir, do you have any renderings or displays of what you are
proposing? Do you have anything that shows us what they are contemplating
other than an architectural drawing.
Mr. Miller: We have no rendering, as such.
Mr. Plummer: Well, one of the things that I heard tir. Rabinowitz speak of
was the problem created about the mechanical end of it. Would you speak to
that?
Mr. Miller: We would have no mechanical in here. This would be a small
convenience store with a four pump island typical of what we are putting up
all over the Miami area.
Mr. Dawkins: Mr. Plummer, you know, I have a problem with that, sir. Long
before you came up, and I mean Amoco, with this bright idea of self-service,
the poor guy with the filling stations struggle along on the corner to make
Amoco what it is. I, too, have an Amoco service card.
Mr. Miller: I appreciate that.
Mr. Dawkins: All right, but I have a problem with Amoco wanting to come in
and squeeze the small businessman out, which you are doing. Now you said that
you are doing it in the spirit of profit. That's fine. But you also you owe
something to the community in which you are squeezing the profit out of. As
this gentleman said, there are people with heart conditions, there are handicapped
people, there are people with other physical disabilities that do not permit them
to get out of their car and self service their car. So these type of places
need to be there to provide a service to the community that the person cannot
provide for himself. You do not get that at a self-service store. Secondly,
I have a problem in my community at 54th Street and 19th Avenue a gentleman
was there, he wanted to buy the station from Amoco. He already had the station.
Amoco was going to squeeze him out. He had to end up going independent because
Amoco would not let him remain, same as this gentleman was saying here, as an
independent dealer purchasing his products from Amoco selling them to the
community. Now we have another one in my community that you are getting ready
to do the same thing to that you are doing to him. That's on 17th Avenue and
48th Street. They have a petition just like this going around to bring to my
office for me to submit to Amoco explaining to Amoco that you are not taking
into consideration the needs of the community. Like I told you, sir, please
convey to them the need for some independent full service stations where
individuals who cannot their cars can service them.
Mr. Miller: May I make a point? Before we build any of these stations,
I mean before we build the new one, we must have the dealer's consent.
If he does not give us the consent, we do not build it. We do have the
dealer consent at this location.
sl 09 SEP 2 91903
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Mr. Dawkins: So what you are saying to me, sir, is that at 17th Avenue
and 48th Street, if the dealer does not consent, then I can get with you
and we'll take those ragged pumps out that they seem to be leaving in there
until they can take it over and you will go about helping him to upgrade
that station and let him keep it. Is that what I hear from you?
Mr. Miller: No, wait a minute, I'm not familiar with that particular location
you are talking about.
Mr. Dawkins: No, no, you said, sir, I want to bear with you, because I
don't want to put words in your mouth. You said that you have the dealers'
consent from this station, and that's the only one you take -those with
dealer's consent. Is that what you said?
Mr. Miller: What I said is that before we do any building at any location,
we cannot proceed until the dealer allows us in writing from legal standpoint
that says we can do it. There's no pressure put on them.
Mr. Dawkins: But if you do not provide the supportive service that this
dealer needs to service the community, you squeeze them out.
Mr. Miller: No, we're not squeezing them out. He still runs the business.
Mr. Dawkins: Yes, but he's not making the money he could make if you provide
him with the....
Mr. Miller: Yes, he is.
Mr. Dawkins: All right, I'm against it, period, that's all.
Mayor Ferre: Where do we stand on this, J.L.?
Mr. Plummer: Well, Mr. Mayor, it's simple. I guess it's simple as far as
what the problem is. It's difficult to come up with a solution. Very simply
Amoco is asking to redo their station on Coral Way and 23rd. Mr. Robinowitz
is saying that he has no problem with Amoco, but he does have a problem if
they are going to take away the full -service feature and instead of, put in
I guess a mini grocery store. That's really the issue. This is an appeal
by Mr. Robinowitz. This has been granted at the lower board. Mr. Robinowitz
says that he doesn't feel that it's right. He wants the mini store and the
full service to remain there. He is not opposed to the filling station,
but he wants it to be a full service as it is today. That's the horn of
the dilema. Have I stated it pretty close?
Mr.Rabinowitz: Beautifully, there is another problem. Remember that we
now have a different situation here where the cars are not being examined
now. You know we have no examinations on the cars. Faulty cars are on our
streets. A lot of people...I have noticed, I've watched the station, I have
made a survey, people come over to the full service station, they pump the
gas and they drive off. They don't check their oil. They don't check their
tires. They check nothing. They don't know how to do it. They don't know
how to check their transmission. You are going to have cars on the road
if it is all self-service, nobody checks everything for you. Another thing,
they claim they want to beautify the station. Well, let them go ahead and
beautify it without changing the pumps. There are already self service and
full service on that corner. Now I hate to disagree with you, sir, but you
are wrong when you say that you have to have the agreement of the man who
owns it. I've made a survey of that. Do you know what happens? I can
bring you names of stations, I'll bring the owners in here who did not
agree; they lost their stations.
Mr. Miller: I can give you that in writing_ where they have signed it.
Mr. Rabinowitz: All right, give me that in writting. If you will put it
in writing I'll present it to the man who owns the station. Furthermore
they have eight employees, because they come in with strictly a self service
six employees get fired right away; only two people have to be on duty all
the time.
40
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SEP 29 1983
Mr. Dawkins: Mr. Mayor, can we defer this until I can meet with this gentleman
here....
Mayor Ferre: You have that right, sir.
Mr. Dawkins: Then 1 can meet with you and you can clue me in and then I can
meet with you....
Mayor Ferre: Motion by Commissioner Dawkins that this item be deferred. Is there
a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion? Call the roll.
Mr.Rabinowitz: May I say one thing?
Mayor Ferre: Quickly.
Mr.Rabinowitz: In commending you gentlemen here, I spoke this way before
the Zoning Commission. Just like that, one, two, three, there was no rebuttal
nothing. All of them voted for the Amoco. I couldn't come back for rebuttal,
say nothing. It's beautiful the way you operate.
Mayor Ferre: ir.Rabinowitz: that's why we are the elected body and the
court of last appeal before the legislative procedure.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption.
MOTION 83-845
A MOTION TO DEFER CONSIDERATION OF AN APPEAL OF
CONDITIONAL USE FILED BY A CITIZENS' GROUP CONCERNING
CONSTRUCTION OF A PROPOSED STATION BY AMOCO OIL
CO. LOCATED 2301 S.W. 22 STREET IN ORDER THAT THE
OBJECTORS AND REPRESENTATIVES OF AMOCO MAY MEET TO
DISCUSS THIS MATTER.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
23. SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION 700 S.W.
36 AVENUE AND 3630-40-50 S.W. 7TH STREET FROM RG-1/3 TO CR-3/7.
Mayor Ferre: We are now on item number 2.
Mr. Plummer: Mr. Mayor, I only want to put on the record as the Commission
policy I would have to adhere to today that whoever is the speaker at ,noon
will be the last speaker before the lunch break. I have to be out of here
at noon.
41 SEP 2 91983
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Mayor Ferre: We are now on item number 2. Proceed.
Mr. Plummer: Mr. Mayor, this also once again is a second reading. If there
is no...I'm sorry, Carollo moved it before.
Mayor Ferre: Is there anybody who wishes to speak to this item in the
audience? Does the department wish to make any other statements on it?.
Mr. McManus: I would like the Law Department to verify the covenant that I
believe was supposed to be volunteered.
Mr. Garcia -Pedrosa: We have done that, Mr. Mayor.
Mayor Ferre: Is it in proper legal form?
Mr. Garcia -Pedrosa: Yes, it is, sir.
Mayor Ferre: Is there further discussion? Mr. Carollo, you were the maker
of the motion. Do you want to make it again?
Mr. Carollo: So move.
Mayor Ferre: Carollo moves. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Perez seconds. Further discussion on item 2. Read the ordinance.
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 700 SOUTHWEST 36TH AVENUE AND 3630-40-50
SOUTHWEST 7TH STREET, MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM RG-1/3 GENERAL RESIDENTIAL TO
CR-3/7 COMMERCIAL -RESIDENTIAL (GENERAL); BY MAKING
FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON
PAGE NO. 33 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.
Passed on its first reading by title at the meeting of July 28, 1983,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Carollo, seconded by Commissioner Perez, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9674
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.
sl 42
,CEP 2 9 1983
24. DISCUSSION ITEM AND TEMPORARY DEFERRAL OF CONSIDERATION OF A
SECOND READING ORDINANCE TO CHANGE ZONING CLASSIFICATION AT
3620-3636 N.W. 22nd AVE. (SEE LATER, SAME MEETING.)
Mayor Ferre: Is there anyone here on item number 3? Take up item number 3,
Maria Lorenzo, Maria Perez petition on first reading July 28, 1983. Does any-
body wish to speak to this issue?
Mr. Whipple: Mr. Mayor, at the last meeting, I believe there was discussion
about providing a wall completely around the property, set back from the side-
walk with landscaping. We want to make sure that is going to be adhered to.
Mayor Ferre: That is part of the motion.
Mr.Whipple: You can't attach it to the motion, but I believe on the record
that might be volunteered by the applicant.
Mayor Ferre: We want to ask the applicant if he wishes to make a statement
at this time.
Mr. C.F. Alfonso: We maintain exactly what we said previously.
Mayor Ferre: Your name and address for the record.
Mr. Alfonso: C.F. Alfonso, Consultant Engineer, representing the owners of
the place. We will provide the trees that we have offered voluntarily.
Mayor Ferre: The wall.
Mr. Alfonso: No, it's not a wall.
Mayor Ferre: It's not a wall.
Mr. Alfonso: It's not a wall. It's trees that we are placing around and
the hedges that we have there.
Mayor Ferre: I understood there was going to be a wall.
Mr. McManus: I believe that was a conversation at the last meeting, yes, sir.
Mr. Alfonso: No, sir. At no moment a wall was mentioned.
Mr. Plummer: My conversation was to landscaping trees.
Mr. Alfonso: That's correct; and the landscaping is done that way.
Mr. Gary: No, no, no, J.L., Mr. Mayor, I think this should be brought up at
a later date because they did proffer voluntarily a covenant and we haven't
received that yet. I would suggest th.:t they sit down....
Mr. Garcia -Pedrosa: No, you can't contract zone.
Mr. Gary: You don't want to do that.
Mayor Ferre: There is a motion that this....
Mr. Plummer: O.K., then, are you a lawyer, sir?
Mr. Alfonso: No, I'm an engineer, sir.
Mr. Plummer: O.K., let me make you understand, if I can. We cannot demand of
you to do anything. That's illegal. You can volunteer anything that you want.
All right, sir? Now, before this Commission can act on your thing, the covenant
has to be given to the City Attorney prior to. What I would suggest, Mr. Mayor,
43
AEP 2 91983
sl
Mr. Plummer (Con't.): is that they g_t an attorney real quick. I'm sure that
you have one, and you draw up that covenant and get it to the City Attorney
before this afternoon and we'll act on it this afternoon. Other than that, sir,
we can't act. Do you understand that?
Mr. Alfonso: O.K., we'll have it this afternoon.
Mr. Plummer: So that way we don't delay you out.
Mr. Alfonso: I appreciate that.
Mr. Plummer: Mr. City Attorney, am I correct?
Mr. Garcia -Pedrosa: That is absolutely fine, sir.
Mayor Ferre: We'll take it up later on in the day.
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NOTE FOR THE RECORD: Agenda item 55 was withdrawn.
---------------------------------------------------------------------
25. FIRST READING ORDINANCE: APPLY HC-1, GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO THE VILLA PAULA.
Mayor Ferre: We have a gentleman here who raised his hand. Yes, sir, your
name and address and what is your problem?
Unidentified Speaker: On item number 43, on the Villa Paula, I would ask if
we could get through that because I'm leaving this afternoon for Asheville.
Mayor Ferre: All right, is this a controversial item?
Unidentified Speaker: It's just a zoning... it's a heritage conservation
overlay district.
Mayor Ferre: This is an application of the Planning Department. It's a
petition. The Planning Department recommends approval.
Mr. Plummer: Is this your property, sir?
Unidentified Speaker: My property, yes.
Mr. Plummer: And you agree to it?
Unidentified Speaker: Yes.
Mr. Plummer: I so move 43.
Mayor Ferre: For the record, the Heritage Conservation Board recommends it
7 to 0. The Planning Advisory Board recommends it unanimously, 6 to 0.
All of the mail replies were in favor. There was one proponent and one
opponent. Is there an opponent present? Is there an opponent present to
this? It's been moved by Plummer, seconded by Dawkins. Further the ordinance
on item 43. Call the roll.
44
sl SEP 2 9 1983
sl
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZO;IING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY APPLYING THE HC-1: GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO THF. "VILLA PAULA,"
LOCATED AT APPROXIMATELY 5811 NORTH MIAMI AVENUE,
(MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS;
AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 13
OF THE 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
Dawkins and passed on its first reading by title by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, 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.
26. GRANT EXTENSION OF TIME FOR A VARIANCE FOR CONSTRUCTION OF A
PUN TO THE PALMYRA CORPORATION - PROPERTY ADDRESS 3265-75
ALLA^.ANDA STREET.
Mayor Ferre: All right, Ralph.
Unidentified Speaker: Sir, I had also put up my hand to make a request
because I have to take my mother to the doctor.
Mayor Ferre: What is your item, Ralph?
Unidentified Speaker: It's 56 and 57.
Mayor Ferre: Are these controversial items?
Mr. McManus: Not that I am aware of, sir, because they passed five/nothing.
Mayor Ferre: It is a resolution extending the time on the Palmyra Corporation.
Is there anyone here who wishes to oppose this?
Mr. Carollo: Move.
Mayor Ferre: Recommended by the Department and everybody. Moved by Carollo.
Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Seconded by Plummer. Further discussion? Call the roll on
56.
45
SEP 2 91983
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 83-846
A RESOLUTION GRANTING A ONE YEAR EXTENSION OF A VARIANCE
AS LISTED IN ORDINANCE NO. 6871, ARTICLE VI, SECTIONS 3(1)(A)
TO PERMIT CONSTRUCTION OF A DEVELOPMENT OF PLANNED UNIT NATURE
(PUN) ON THE N 1/2 OF LOT 9, THE E75' OF THE S 1/2 OF LOT 9
AND ALL OF LOTS 10 AND 11, BLOCK 1, ALLAMANDA GARDENS (6-72),
ALSO DESCRIBED AS 3265-75 ALLAMANDA STREET, AS PER PLANS ON
FILE, WITH 15' PROPOSED FRONT YARD (20' REQUIRED), 9' PRO-
POSED NORTH SIDE YARD (10' REQUIRED); ZONED R-2 (TWO FAMILY
DWELLING). THIS VARIANCE IS IN CONJUNCTION WITH A CONDITIONAL
USE FOR A PUN.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
27. GRANT EXTENSION OF TIME FOR CONDITIONAL USE TO PERMIT DEVELOPMENT
OF A PUN - PALMYRA CORPORATION, 3265-75 ALLAMANDA STREET.
Mayor Ferre: The same thing for 57.
Mr. Carollo: Move.
Mayor Ferre: Does anybody with to oppose this or talk to the issue? Recommended
by the Department. Moved by Carollo. Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Seconded by Dawkins. Further discussion on 57? This is an
entension of time. Call the roll.
46 SEP 2 91983
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 83-847
A RESOLUTION GRANTING A ONE YEAR EXTENSION OF A CONDITIONAL
USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE VI, SECTION
1(4-A)(a) TO PERMIT CONSTRUCTION OF A DEVELOPMENT OF
PLANNED UNIT NATURE (PUN) ON THE N 1/2 OF LOT 9, THE
E 75' OF THE S 1/2 OF LOT 9 AND ALL OF LOTS 10 AND 11,
BLOCK 1, ALLAMANDA GARDENS (6-72), ALSO DESCRIBED AS
3265-75 ALLAMANDA STREET, AS PER PLANS ON FILE, CONSISTING
OF SIX (6) DWELLING UNITS IN FIVE STRUCTURES, WITH
VOLUNTARY DEDICATION OF THE W 10' OF LOTS 10 AND 11
AND THE N 1/2 OF LOT 9 AND WITH LANDSCAPING APPROVAL,
BY THE PLANNING DEPARTMENT; ZONED R-2 (TWO FAMILY DWELLING).
THIS CONDITIONAL USE IS IN CONJUCTION WITH A VARIANCE FOR
YARD AREAS.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
WHEREUPON, THE CITY COMMISSION WENT INTO A
BRIEF RECESS AT: 12:05 P.M., RECONVENING AT: 2:05 P.M.,
WITH ALL MEMBERS OF THE COMMISSION FOUND TO
BE PRESENT EXCEPT: Commissioners Carollo and
Perez, who entered the meeting at 2:06 P.M.
28. PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS.
1. Commendation presented to Barbara Hunter of Fire Rescue tcho succeeded in
saving a child's life by instructing the mother over the telephone on
how to proceed.
2. Proclamation declaring October 9 to 15, 1983, Fire Prevention Week
presented to Chief Harman Brice.
3. Commendation presented to Ana Rosa Nunez, Cuban poet, for her contributions
to the community.
47 SEP 2 91983
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29. DENY APPEAL OF CITIZENS GROUP
PLANNING DEPARTMENT AND ZONING
CORNER OF S.W. 32nd AVENUE AND
AND UPHOLD RECO?EMENDATION OF
BOARD FOR CONDITIONAL USE, S.E.
S.W. 7th STREET.
Mayor Ferre: Take up item 54 first. This is an appeal by citizens group,
Nicolaos and Maria Koklas of S.E. corner of the intersection of S.W. 32 Avenue
and S.W. 7 Street. Now, the appeal of conditional use granted subject to
conditions to permit an open parking lot for the parking of private passenger
vehicles as per plans on file, as an accessory use to Koklas Automotive, Inc.,
located at 3215 S.W. 8 Street. The department recommended approval, in accordance
with plans on file and meeting required lanscape standards. The Zoning Board
granted the request subject to the conditions stated by the department. It
was a 5 to 0 vote. There were 14 opponents who mailed replies. The were four
present at the meeting; four proponents and eight opponents. Are the opponents
present here today? Raise your hands so you don't have to get up yet, so I
can see where you are. There are four opponents. All right, let's proceed
with the presentation. The appellant is the Citizens Group, which is you.
You are appealing the decision. So we, therefore, will first hear from the
department, hear from the appellant, then hear from the applicant. The Chair
recongnizes the Administration on this issue.
Mr. Richard Whipple: Mayor and Members of the Commission, the Planning
Department recommended approval of this item, not only at the latest hearing
but on an earlier hearing approximately a year ago. We find no objection to
providing of a conditional use for off-street parking, providing a properly
walled, landscaped —and meets the City standards which the plans reflect that
it does. This particular situation there is lack of off-street parking in the
area. One of the objectives of the Zoning Ordinance in allowing consideration
for conditional use of off-street parking is to try to lessen some of the
congestion and the parking problems of existing commercial establishments
that were required or have not provided off-street parking in the past, for
some reason. In this case we feel that this will enhance the area and perhaps
take some of the burden of the parking that is occuring on the street by putting
it into an off-street parking facility. Perhaps it should also be noted that
although their conditional use had previously expired, some construction had
occurred on the site and a wall has been erected, but the rest of the facilities
have not been completed necessitating the reanoearance for the conditional use
approval. We have recommended this item.
Mayor Ferre: We will now hear from the appellants, which are the opponents
to the project. Ladies and gentlemen, so we can keep this fair and square,
how many of you will be speaking? Two? How much time do you think you will
need? I want to give you as much time as we reasonably can. We will give the
opposition equal time, whatever time you take. Then I will reserve the right
to give you rebuttal time, so you will have the opportunity to answer they say,
and vise -versa. Yes, ma'am, you can now begin, I will give you five minutes.
If you need more, I will let you run a little bit longer.
Ms. 0. Hauri: My name is Otis Hauri. I live on the property of 3176 S.W. 7 St.
I would like to say one thing in regard to what Mr. Whipple said before I began.
He said that there was no off-street parking there. I'd like to remind the
Zoning Board and the Commissioners and Mr. Whipple that when Mr. Koklas moved
into that shop, there was no off-street parking there. The Zoning Board knew
it and the Commissioners knew it. He was denied , I have read his file.
over the past eight years. The denial was made over and over because there
was no off-street parking. It is very unfair now to make the citizens, who
have our R-1 zoned property there, the home owners. nav fnr this ne-Iect of
the Zoning Board and the Commission. I want to say that I haven't seen his
pictures yet, but since I live next door, I know what Mr. Koklas has done.
I want to say it is the first constructive thing he has done in the neighborhood
since he's been there. He's trashed the neighborhood for eight years as we
have testified before at the meetings here. I have presented the place looks
very nice. We, in the area, appreciate what Mr. Koklas has done. We are not
so concerned about the outside of the place as what's going on on the inside.
48 SEP 2 9 1983
t
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And that is the reason I presented some pictures there. That is...
Mayor Ferre: I don't understand. What do you mean, what is going on in
the inside?
Ms. Hauri: The top picture is a photograph. I just wanted you to see what
we have sacrificed. Now, the four pictures on the bottom are the pictures
of the place as it is now. That is inside the wall, 'and that, incidently
is the view from my kitchen window. I will bring that up later.
Mayor Ferre: The top picture is the way it was?
Ms. Hauri: Yes, that is the house you destroyed, plus the two, tall higher
than the house shade trees. They were demolished by Mr. Koklas.
Mayor Ferre: I see.
Ms. Hauri: With your permission. Now, regarding the inside of the place,
as I say, we are not so concerned about the outside. It is nice that the
outside looks nice, but the point about that is, that was done (You probably
won't year that from Mr. Koklas) within the last month, after the Zoning
meeting in July, and I would like for all of the Commissioners to see that.
Mayor Ferre: Yes, I think everybody has seen it, Ma'am.
Ms. Hauri: Okay. After the Zoning meeting, the truck drove up with sod
and plants and flowers and this was done in a typical Koklas manner, as
you people on the Commission know, Mr. Koklas always waits until he has
to strike a point, then he makes a big display. I am reiterating that I
have read the file because I know how Mr. Koklas a?erates, and you do.
Now, I would like to bring up that at the end of the meeting last time
when we were up here - that was eighteen months, ago, I believe, as I
counted it - Mayor Ferre asked Mr. Koklas to come up and he gave him a
little pep talk and asked him if he would please mend his ways and start
doing better and keep his things clean and stop trashing the neighborhood
and so forth and Mr. Koklas promised to do that. But regretably, Mr. Koklas
didn't start til just a few weeks ago, when he did start. Well, that is just
a little late, because the people in the neighborhood put up at the time of
the Zoning meeting, even though the wall was already up, that place was
disreptuable, it was trash all over. You couldn't even walk on the public
sidewalk, there was so much trash there! So, that is how Mr. Koklas
works. I would like to say too, since those pictures were taken, the trash-
ing has started already. It is a little bit soon. Usually it doesn't start
until after the meeting is over, but a few days ago we got about five or
six five -gallon paint cans and corrugated boxes tossed nicely away in the
corners of the parking lot. So, the trashing has started again. (Could
I have one of those too?)
Mayor Ferre: Yes.!
Mr. Plummer: Do you know what kind of pills they are? They are anti -grouch
pills. (LAUGHTER) I presented them to Commissioner Carollo! And whose
campaign are you in? (LAUGHTER)
Ms. Hauri: Well, I wanted to say, but I think it would be wise.
Mr. Carollo: For the record, the Mayor said five!
Ms. Hauri: Don't count this off of my time, please.
Mayor Ferre: No, no.
Ms. Hauri: Because I call this your horseplay, not mine!
Mayor Ferre: No, we are not going to count this against your time, go ahead.
Ms. Hauri: The four pictures that I presented of the inside of the parking
lot, unfortunately, that is my view from my kitchen window, and I spend,
regretably, quite a bit of time at my kitchen window washing dishes and
so forth, I am quite a good authority on what goes on in the parking lot.
Now, you wouldn't think anything goes on in there the way it is now. For one
thing, the weeds are still growing, as you can see, and they, incidently, are
the same weeds we brought pictures of up here before. The main thing though, the
ld 1i SEP 2 91983
UNIDENTIFIED SPEAKER: ...serious thing that I want to say is
that standing at my kitchen window the other day, I see a man
walk in there and what does he do? He goes up and urinates
behind the wall. Another thing that happened in the last few
days is a bunch of people that were having a ruckus outside on
the corner apparently, a man runs and goes into the parking lot,
goes out, I just happened to see this too, I don't know how many
incidents have happened, but I'm just telling the ones I see,
goes out, the fighters come around the corner go in the parking
lot looking for the man, I could have told them that he had
already gone out and run down the street. But anyway, the reason
I'm bringing this up is that this is a place for vagrants, it
always will be. If that's daytime stuff, what's going on there
at night? So anyhow, as we know too, one vagrant tells another,
so I imagine this activity will increase and I don't know how Mr.
Koklas is going to stop it. The Commission can stop it though, by
not allowing Mr. Koklas to put this parking lot here. Now, the
next thing I want to say is the last time we were here nobody
mentioned the fact that 29 families, that is approximately,
appealed to this Commission not to do this to us. Now, we've got
another one, and I've got, it in my hand this time, the copy of
it, I would like the Commission to at least acknowledge that they
know we are making this appeal. Twenty-nine families are making
this appeal and Mr. Koklas is one man who is commercially
advancing by polluting our area, and it will pollute it, it
already has, and you know it as well as I do, and I would like to
ask that we do get a little recognition, at least admit that we
have an argument, that didn't happen the last time.
Mayor Ferre: All right, thank you, ma'am.
UNIDENTIFIED SPEAKER: There it is.
Mayor Ferre: All right.
Mr. Henry Novack: My name is Henry Novack.
Mayor Ferre: Mr. Novack, do you need a grouch pill?
Mr. Novack: No, sir, no thank you.
Mayor Ferre: Okay, go right ahead.
Mr. Novack: I live at 4241 S. W. 6th Street. I own a duplex
right across the street from this which is 700 and 702 S. W.32nd
Avenue. Now, my objection to all this is that to make something
nice would be one thing but to take this place is going to end up
as a junk yard. The man is in repairing, he is taking in junk
cars and they're going to be put in the lot and you know what is
going to happen from there. And then the people will be, we will
be shook about it and then you can't do nothing about it because
it is already done, the damage is done, you people allowed this
to be done. Now, it is wrong. All I can do is tell you like it
is, and if you don't believe me, I'll guarantee you that inside
of six months that is what it is going to look like. But what is
taking the man so long to fix this place up, as of now? This is
a year and a half. How long do we have to wait to get this thing
completed? We were at the Zoning Board, the Zoning Board gave
them 60 days. All he has done is sodded the outside of the fence
and he put bushes around it and he painted the wall. That's it.
The inside is all weeds growing high and it is awful.
Mayor Ferre: All right.
Mr. Novack: Thank you.
Mayor:;r Ferre: All right, we'll now hear from the applicants.
Mr. Mark Keutsch: Mr. Mayor, my name is Mark Keutsch, I'm an
attorney with Gersten Vitale, representing the applicant,
Nicolaos Koklas. As far as vagrants attempting to discolor the
wall inside, we really have no control over the neighbors. We
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SEP 2 91983
can, however, put up a gate across the entrance to the parking
area to try to keep out. Again, we have no control to keep
everyone out. Since this Commission last considered this appli-
cation, the house was demolished, that cannot be rebuilt. For a
period of time thereafter, as you're probably aware, the condi-
tion of the lot reflecting the demolition and the debris and the
weeds did grow up and it did appear very unsightly. Mr. Koklas
was able to obtain permits to have the wall erected and it has
subsequently been painted and landscaped. This was able to be
done without the conditional use permit being issued. We, howev-
er, are unable to complete the project by clearing out the weeds
within the parking area until such time as the permit is issued
and we are able to pave over the parking area. So as far as what
goes inside the lot and the condition of the inside of that wall,
frankly, that is why we're here. It is in that state of disre-
pair because we have been unable at this time to obtain the
permit to rectify that situation. Mr. Koklas has indicated that
he will not park vehicles under repair in that area, that the
only vehicles that will be parked there are employee and customer
vehicles, that no parking would be allowed there overnight.
These were some of the conditions that this Commission had im-
posed the previous time. Mr. Koklas intends to comply with those
conditions. The problems that the neighbors have complained
about will not occur and have not occurred yet because it is not
a parking area as of yet. Frankly, it would be a disservice to
Mr. Koklas at this time to have a lot that is nicely landscaped
and walled with nothing inside and we request that the Commis-
sioners take a look at what the lot looks like now, not the
pictures that were passed around previously. You will note that
it is an attractive area, it is as attractive a parking area as
we could build, frankly. We have tried to work with the neigh-
bors, I understand their problems and complaints. I believe some
of them are just quite resolute in their opposition so that no
matter what we might agree to or what we may do to help the
situation that they would still be against it. We will work
closely with representatives of the City to comply with whatever
the Commission decides is in the best interest of the City.
Thank you very much.
Mr. Plummer: Is there anyone else that wishes to speak on behalf
of the owners? All right, we'll close the public hearing. Do
you wish rebuttal of any kind?
UNIDENTIFIED SPEAKER: Mr. Keutsch has excused himself from
keeping the inside, and by the way, he seemed to think that the
pictures that I gave you were taken of the place before the
clean-up, the pictures I gave you are just to show you what is
inside the wall. But what I want to remind Mr. Koklas and Mr.
Keutsch of is that when this permit was granted to Mr. Koklas, he
agreed at that time, 18 months ago, to keep the place according
to standards of residential property. For 18 months he didn't do
it, for the past month he has landscaped the outside. That
doesn't show very good compliance in my estimation. Insofar as
the weeds are concerned, Mr. Koklas could have out the weeds
inside as well as doing the outside.
Mayor Ferre: all right, questions from the Commission?
Mr. Dawkins: Yes. When this application like it was said, 18
months ago, at that time, the residents didn't like it and the
Commission made concessions and is it true that in 18 months
after the pushed the house down nothing has been done?
Mr. Keutsch: Mr. Koklas was advised too late, or was unaware at
the time that a permit had to be taken out wi*.hin six months from
the date of the ordinance. Apparently there were some problems
and just after the six month period expired he went down and
tried to obtain the permit and was told that he could not, there-
upon obtain it because the -six month period had expired. That
delayed further any work on the property. He then went ahead to
find out that he could get a permit to build the wall, he con-
structed that wall.
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SEP 2 91983
kk
t
Mr. Dawkins: Mr. Whipple, why was it that we gave him a permit
for the wall and we would not give him a permit for the total
project? _
Mr. Whipple: The reason he could not obtain a permit is because
his Conditional Use had actually expired and progress was made in
0
accord with that Conditional Use.
Mr. Perez-Lugones: Mr. Commissioner, the permit for the wall was
a separate permit, anyone can erect a wall on his property and to
that effect can pull out a permit.
Mr. Dawkins: Well, Okay, but why erect a wall if you know even-
tually you know you have to come back and do a whole job? I mean
you know, I'm like the neighbors, this is puzzling. I mean what
are you going to do? In 18 months you don't do nothing, then you
know you're going to come down here and ask for whatever you want
so, and this is merely my opinion, then you get up and you put up
a wall to come down here and then it looks like they are making
some effort but in 18 months you didn't do anything.
Mr. Keutsch: Well, the wall went up in the spring, as I under-
stand it. I believe that the finances, the wall wasn't put up a
month ago. The wall was put up prior to the zoning hearing which
was in July, I believe. At that time, the residents complained
that the wall was unsightly and was not painted and the wall was
then painted and landscaped. The wall was up for some months
prior to the zoning hearing in the spring. I believe that the
finances of the project dictated that he could not do it all at
once, that as money comes into his business, Mr. Koklas is not a
very wealthy businessman, he is a small businessman and he can
only do certain things at certain periods of time and in the
spring he was able to build the wall. Apparently his finances
were not such that he could complete whole project within the six
month period. He was able to build the wall in the spring and
now he is able to finish the project inside. It is just a matter
of paving it, otherwise the lot is stay as an empty lot with a
nice wall around it.
Mayor Ferre: All right, any further questions?
Mr. Carollo: Mr. Whipple, it says here that the Planning Depart-
ment recommends approval in accord with the plans on file and
meet and require landscape standards. Are the plans on file
and the required landscape standards in order?
Mr. Whipple: yes, sir, the plans are on file except for the
landscaping which which is the reason the Zoning Board attached
the conditions that the landscaping would be reviewed by the
Planning Department prior to the issuance of the permit.
Mr. Carollo: Have you all reviewed any of the landscaping yet?
Mr. Whipple: Not at this time, only that that is shown on the
plans presently which we felt needed additional attention. We
would be waiting for the Commission's action and then they would
have to do that prior to permit.
Mr. Carollo: The Zoning Board granted subject to the above
conditions that we just described, correct?
Mr. Whipple: Yes, sir, there are ten conditions attached to the
resolution.
Mr. Carollo: Can you read. them for the record.
Mr. Whipple: yes, sir. (1) Landscape approval by the City of
Miami Planning Department, (2) replacement of trees removed; (3)
finishing the wall on both sides, stucco, some type of finish;
(4) no parking after 6:00 P.M., and incidentally, the plans do
show a sliding gate across the entrance way which they would have
RT
�2
SEP 291983
to provide per the plans; (5) maintain existing leased parking at
Casa Blanca Motor site which is approximately, from memory 300
feet to the west from the subject property; (6) no storage of
wrecked automobiles or automobiles under repair; (7) any viola-
tions occurring at the garage site will constitute a revocation
of the subject conditional use approval; (8) building permit must
be obtained within 90 days as of July 11, 1983; (9) construction
is to be completed within 90 days after the building permit is
pulled; (10) review by the Zoning Board one year after completion
and occupancy of the site.
Mr. Carollo: You've got enough conditions there to cover any
project on Brickell or downtown Miami.
Mr. Whipple: Quite a few conditions.
Mr. Carollo: I would say so. Frankly, for the record, I have
never seen a project so small as this to have as many conditions
as this project has. I wish that some of the projects that we
have approved along Brickell, downtown Miami and further would
have half of the conditions that we have placed on this small
little project.
Mr. Whipple: Well, you understand these conditions were the
conditions attached by the Zoning Board based upon similar type
items that you have heard here from the neighborhood.
Mr. Carollo: I understand that, I understand those conditions
that he accepted at that level. What I wanted to get in the
record was just all the conditions that are being placed and
compare them to other projects that pass through this Commission.
This is an area that I am quite familiar with, I don't live too
far from there and I had a member of my family going to the
elementary school that is approximately two blocks from there so
I am extremely familiar with the area. Now, as I see it, this
Commission has very little choice today. Either we're going to
approve what we see in those pictures there and make sure that
that area is improved with the conditions that have been agreed
upon and placed there or we're going to not approve it and let
that whole area deteriorate which is going to be what is going to
happen if we don't approve this today. The parking in that area
is very very limited. Yes, you have traffic of undesirables in
that area but that traffic is not because of this man's business,
or for that matter any of the other businesses in the area. It
is traffic that we have all along 8th Street and, you know, it
has been basically something that was imported to us, and I think
you all understand what I'm getting at. Now, I think one of the
things that they definitely have to do immediately is put up a
gate there as one of the conditions stipulated, so that you don't
have any individual going in there and relieving himself. I can
quite understand how the lady could be upset on that. But, I
just cannot understand some of the feelings that I have heard.
What I am seeing is that yes, you're upset thinking that this is
going to be turned into a ghetto type lot. Well, what I'm seeing
is that if it is not approved with all of the conditions that
have been placed here, which is unreal, you're going to have
just the opposite. Then it is really going to turn into a ghetto
type.....
Mr. Dawkins: Carollo, what is a ghetto type lot?
Mr. Carollo: A ghetto type lot, let me describe it you, Commis-
sioner Dawkins. A ghetto type lot, a I see it, is a lot that no
one takes care of at all, that is just going to the dogs and
that's not what I see there. Correct me if my vision is incor-
rect, but I don't know when all these improvements were placed
there and have been there during what period of time but it
certainly seems to me that there have been improvements in that
area. I think that one of 'the problems, not only in this partic-
ular area but all along through that 8th Street section is basi-
cally that you have a lot of litter and garbage just thrown in
the streets and I think that one of the things that the City of
RT SEP 2 91933
.
# 0
Miami in particular is going to have to do is to place enough
garbage containers in that area to make sure that when people
have garbage they want to dump out somewhere at least they have a
garbage can which they could dump it into.
Mayor Ferre: Further discussion? Any further questions?
Mr. Keutsch: If I may, if the Commission decides to re -impose
the conditions that the Zoning Board has approved, I would only
request that obviously that 90 day period be made from the date
of this hearing today, that did not take into consideration the
appeal.
Mr. Carollo: That is extremely fair.
May;or Ferre: Further discussion? All right, yes, ma'am. The
last rebuttal.
UNIDENTIFIED SPEAKER: Mr. Keutsch brought up the fact that the
neighborhood had demanded this landscaping, we have never demand-
ed anything except that this parking lot not be placed there to
pollute the neighborhood which is what it is going to do. You
know it, T know it, Senor Carollo knows it, it is going to pol-
lute our neighborhood - a vacant parking lot in an R-1 zoned
family area and one block from a school is undesirable. What the
neighborhood has asked is that it not be put there. The second
thing we asked was that it be kept clean and it has not been kept
clean.
Mayor Ferre: All right, further discussion from the Commission?
Questions? All right, is there a motion?
Mr. Carollo: Mr. Mayor, I make a motion that this be approved as
the Planning Department recommends and as the Zoning Board recom-
mends with all the conditions that have been stipulated by Mr.
Whipple on record.
Mr. Perez-Lugones: May I make a suggestion?
Mayor Ferre: Yes, sir.
Mr. Perez-Lugones: There was a suggest that the 90 days be
counted from this date, not from the date of the hearing.
Mayor Ferre: That is part of the motion, as I understood it.
Mr. Carollo: That is part of the motion.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Seconded by Commissioner Perez. Is there further
discussion? Call the roll.
RT
9/29/83
SEP 2 9 1983
11
The following resolution was
Carollo who moved its adoption:
introduced by Commissioner
RESOLUTION NO. 83-848
A RESOLUTION AFFIRMING THE ZONING BOARD'S DECISION IN
GRANTING A CONDITIONAL USE AS LISTED IN ORDINANCE 6871,
ARTICLE V, SECTION 1(6)(b) TO PERMIT AN OPEN PARKING
LOT FOR THE PARKING OF PRIVATE PASSENGER VEHICLES
LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF
SOUTHWEST 32ND AVENUE AND SOUTHWEST 7TH STREET, ALSO
DESCRIBED AS LOTS 24 AND 25, BLOCK 7, CORAL NOOK (8-
115), AS PER PLANS ON FILE, AS AN ACCESSORY USE TO
KOKLAS AUTOMOTIVE, INC., LOCATED AT 3215 SOUTHWEST 8TH
STREET, ZONED R-1 (ONE FAMILY DWELLING , SUBJECT TO:
1. LANDSCAPE APPROVAL BY THE CITY OF MIAMI PLANNING
DEPARTMENT.
2. REPLACEMENT OF TREES REMOVED.
3. FINISHING THE WALL ON BOTH SIDES.
4. NO PARKING AFTER 6:00 P.M.
5. MAINTAIN EXISTING LEASE PARKING AT CASABLANCA
MOTOR SITE.
6. NO STORAGE OF WRECKED AUTOMOBILES OR AUTOMOBILES
OR AUTOMOBILES UNDER REPAIR.
7. ANY VIOLATIONS OCCURRING AT THE GARAGE SITE WILL
CONSTITUTE A REVOCATION OF THE SUBJECT CONDI-
TIONAL USE APPROVAL.
8. BUILDING PERMIT MUST BE OBTAINED WITHIN 90 DAYS
AS OF JULY 11, 1983.
9. CONSTRUCTION IS TO BE COMPLETED WITHIN 90 DAYS
AFTER THE BUILDING PERMIT IS PULLED.
10.REVIEW BY THE ZONING BOARD ONE YEAR AFTER COM-
PLETION AND OCCUPANCY OF THE SITE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution
was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
ABSENT: NONE.
ON ROLL CALL:
Mr. Carollo: In voting yes, I would like to say that I under-
stand the feelings of the neighbors, that they don't want to see
that lot full of litter and some of the other things that they
described, but the only way that they're going to get guarantees
that that lot is kept clean is by approving this so that the
conditions that have been described here are forced upon this
individual. Otherwise, I guarantee you he isn't going to do
anything further with that and it is going to stay in worse
conditions than it has ever been.
INAUDIBLE COMMENT FROM AUDIENCE
Mr. Carollo: Sir, when we're finished voting you can come up and
speak. You're out of order now. Thank you.
Mr. Plummer: I made my comments known at the previous hearing,
they have not changed, I vote no.
R T
SEP 2 9 1983
Mr. Dawkins: As my colleague said that his concerns were that
this parking lot would become an unsightly nuisance, and I agree
with him but I also, as I voted before, have to vote my con-
science. If I were living next door to it I would not want this
parking lot in a residential area although Mr. Koklas has shown
that it is needed, it is necessary for the survival of his busi-
ness, But by the same token, I feel like the neighbors, that I
would not want it, therefore, I vote no.
Mayor Ferre: Well, that leaves the decision on my shoulders.
Let me express my position on this. This was granted, as I
understand it a year and a half ago, is that correct?
Mr. Whipple: April 22, 1982.
Mayor Ferre: All right. Now, at that time, what is it that we
granted, for the record?
Mr. Whipple: You granted approval for a Conditional Use Parking
Lot with 6 of the 10 conditions that I read earlier.
Mayor Ferre: Did the Department recommend it at that time?
Mr. Whipple: I'll have to check that, Mr. Mayor.
Mayor Ferre: Did the Zoning Board recommend it at the time?
Mr. Whipple: Yes, they did recommend approval.
Mayor Ferre: Then, 1982.
Mr. Whipple: At that time, that's right.
Mayor Ferre: And the Department recommended it?
Mr. Whipple: I believe we did.
Mayor Ferre: All right, now, the Commission voted on this...
Mr. Whipple: Yes, we did recommend approval, sir.
Mayor Ferre: ...and the vote was 3 to 2. Well, obviously it had
it be - well, it passed.
Mr. Whipple: It passed, yes, sir.
Mayor Ferre: Whether it was three to two, or four to one, or
whatever it was. All right, now, once that was done, these
people legally had a right to conditional use. Now, they have
now put a wall, whether they have done it right or wrong, whether
they have cleaned the lot or haven't done it, is an important
subject. But, legally, they have vested rights. They had vested
rights once -------
Mr. Whipple: They had rights pursuant to the City Commission's
previous approval, yes sir.
Mayor Ferre: Okay now, what is before us at this point, as I see
it, is an appeal by the neighbors of the conditional use as
granted by the Zoning Board's actions. Provided that they
comply with the provisions that have been place on the property,
they are, in my opinion, extensive and many, and I think we would
be acting in bad faith at this point, to reverse that, unless
there is justification for it. Now, the justification for it
would be that they have.not complied in good faith with the
conditions that were granted before. On the other hand, for them
to be able to proceed, they have to comply with the gate, and
this and that and the other ten conditions that they have and
that they, at any time do any work, they immediately forfeit the
use of that property for parking, is that correct?
Mr. Whipple: Yes, sir.
R T ;)6
SEP 2 91983
Mayor Ferre: Therefore, under those conditions, I think that it
would be inconsistent for me to vote other than "yes", as I did a
year and one-half ago. Okay, so it passes three to two.
-----------------------------------------------------------------
30. DISCUSSION AND DEFERRAL OF CONSIDERATION OF THE APPOINTMENT
OF AN INDIVIDUAL TO SERVE THE UNEXPIRED TERM OF WILLIAM
PERRY, WHICH TERM WOULD EXPIRE DECEMBER 31, 1985•
-----------------------------------------------------------------
Mayor Ferre: The next item to come before us is Agenda Item 66.
Mr. Dawkins: Mr. Mayor, as you know, Mr. Bill Perry resigned
from the Zoning Board, and at this time I would like to recommend
George Sands to fill the unexpired term of Bill Perry.
Mr. Plummer: Second the motion.
Mayor Ferre: is there further discussion? Mr. Sands is supplied
with the application. We are talking about the Zoning Board now?
Mr. Dawkins: Yes, I am. He applied ... he is available for both
Boards. We are talking about to fill this vacancy of Dr. Bill
Perry.
Mr. Plummer: That is 66. 65 is another vacancy.
Mr. Dawkins: 65 - I want 66.
Mr. Carollo: Wait a minute, now.
Mr. Plummer: And 67 is the appointment of the Alternate.
Mr. Carollo: Okay, I make a motion that we...
Mayor Ferre: Wait a minute. We already have a motion and a
second on the floor. You can make a substitute motion.
Mr. Dawkins: Just a minute, we need a clarification. Mr. Clerk,
isn't Mr. Sands qualified for both Boards? He came back and
qualified for both Boards.
Mr. Ongie: I can check on that, sir.
Mr. Dawkins: Well, I mean I had a memo from you saying that.
Mr. Ongie: He said either Board. He is asking that he have it
on either Board.
Mayor Ferre: We also have a letter here from (Just to be fair
about this) from Guillermo Freixas (while we are on zoning appli-
cations) and the Clerk has written me a memo where he sends the
application to Freixas. He says Mr. Freixas has explained, since
he has previously submitted an application for reappointment to
the Zoning Board, that he was not aware of the City Clerk's
official readvertising of the vacancy on the Planning Advisory
and Zoning Board, and in turn, therefore has not resubmitted his
application for consideration. He apologizes for the misunder-
standing and wishes to be considered. In other words, I guess
what he is saying is he assumes since he had already applied that
would carry through, and I think that is a reasonable request.
Does anybody have any objections to that? Do you, Mr. Plummer?
Do you, Mr. Perez? All right, does anybody have any objections?
Mr. Plummer: I'll move on Item 60 - oh, wait a minute, you have
a motion on the floor.
Mayor Ferre: We now have Item 66, which is a motion made by
Dawkins, seconded by Plummer. Now, the question before the
Commission is whether or not Mr. George Lambert Sands had com-
plied by applying for both Zoning Board and Planning Board.
RT . 57
SEP 2 91983
9
Commissioner Dawkins said that he had. He asked the Clerk to
verify it. Are you ready to verify it?
Mr. Ongie: According to this information, the only Board that he
applied for was the Planning Advisory Board, but I will triple
check it.
Mr. Dawkins: Okay, well I will have to do like we have been
doing all other times then. I will defer this until I can get
somebody qualified to come on.
Mayor Ferre: All right, there is therefore a motion that Item 66
be deferred.
Mr. Plummer: I withdraw my second to the motion to appoint, and
second the motion to defer.
Mayor Ferre: Now, is there any discussion on the item? Call the
roll.
The following motion was introduced by Commissioner Dawkins,
who moved its adoption.
MOTION NO. 83-849
A MOTION TO DEFER CONSIDERATION OF APPOINTMENT OF
THE UNEXPIRED TERM OF WILLIAM PERRY JR. ON THE
CITY OF MIAMI ZONING BOARD.
Upon being seconded by Commissioner Plummer, the motion was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
ABSENT: NONE
Mayor Ferre: Mr. George Koonce,
the record. Mr. Koonce.
wanted to make a statement into
Mr. George Koonce, Jr.: My name is George Koonce, and I reside
at 14651 S. W. 94th Avenue. I spend most of my time at Miami
Northwestern Senior High School, where I serve as Principal. I
was gratified to hear by the grapevine that this morning this
other party decided to make a contribution to the young people at
Miami Northwestern and who were planning to participate in the
Macy's parade in Philadelphia of $5,000 to help defray those
expenses. After hearing that, I needed to call Commissioner
Dawkins and ask if he could arrange for me to appear to personal-
ly thank you for generous and kind gesture, and to assure you
that the young people are deeply appreciative of your efforts and
on behalf of those youngsters and the 2,100 students at North-
western, I would like to express to you. my deep appreciation.
Thank you.
31. REFERRED TO CITY MANAGER - PROPOSAL FOR A POLICE SUBSTATION
FOR THE N. W. 62ND STREET AREA, REQUESTING SOURCE OF FUNDING
AND DATE OF START OF CONSTRUCTION.
Mayor Ferre: All right, we are now on Item 100. Commissioner,
go ahead.
Mr. Samuel Mason: Mr. Mayor, Vice -Mayor, Commissioners, our
Manager. We are the Martin Luther King Economic Corporation. We
asked for this personal appearance to speak to you on the issue
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a 4
of a sub -station. We have presented you with a package to bring
you up to date on what the sub -station is all about, who support
it, etc. The Edison Center Business District Economic Develop-
ment Committee was set up by Commissioner Dawkins. This Commit-
tee was designed to devise a strategy to deal with the Edison
Business District and the Liberty City Area. From that Committee
we arrived at a conclusion that if we are to do some serious
economic development in the Liberty City area we needed a substa-
tion to give us that kind of protection that a community wants
and needs. We also had a vote which this group voted unanimously
that they wanted a substation, not a mini -station, that would be
built from the ground up. It was passed unanimously, I was
before this Commission before and stated exactly what the commu-
nity wanted, it is in the records. At this time, I would like to
extend some of my presentation to Mr. Calhoun who is one of the
merchants in our area who is a member of the Merchant's Associa-
tion to speak further on this subject. One of the things that we
do want to leave with you, that we want the same thing in our
community that the governor has in his community. Thank you very
kindly. Mr. Calhoun.
Mr. Willy Calhoun: Mr. Mayor, City Commissioners and fellow
residents, my name is Willy Calhoun, a local businessman in the
Edison Center area. We are here to request that you give us your
assistance in installing a substation in our area and this is
very important to us. I think it is very important to the City
of Miami and it is most important to the Police Department. What
we are attempting to do is to rebuild our area out of ashes. We
need to project a new image for this area and we are about this.
There have been a number of investments in this area by the pri-
vate industries - Florida Power and Light, Southern Bell, and we
are about attempting to attract even larger and more investors
and always come up to us is the discussion is security - How
secure is this area? And we are stressing on them that the City
of Miami is in partners with us in rebuilding. There have been a
number of projects now that the City has assisted on, a Pantry
Pride site, the acquisition of the lincoln Square Building, and
what we are asking is that you cement this with the help of the
City and ourselves in making another partnership as far as in-
vesting in a substation. We have a declining image of the Police
Department and what we are doing now is offering our assistance
in having partners with us in rebuilding the image of the local
residents, the local businessmen and a City Police Department and
we can feel that this can do nothing but benefit everyone con-
cerned. We have tried numerous things as far as this area is
concerned. We think for the growth of the City of Miami and the
growth of the black community as a whole rests in this area and
all of the parts that are required to make a successful business
community and the ingredients is located here and we are asking
that this not be put off for any more time. It is desperately
needed now because we are running at a standstill as far as
having assurance that the City and the security of this area is
going to be upheld. So we are asking that you give this your
immediate consideration. This group that we're speaking of not
only consists of the local businessmen, it consists of the entire
neighborhood. We have polled and kept our entire neighborhood as
involved in this situation.
Mayor Ferre: Thank you very much, Mr. Calhoun.
Mr. Calhoun: Thank you.
Mayor Ferre: All right, Commissioner Dawkins. Mr. Manager, do
you want to say anything or do you just want to sit?
Mr. Gary: Well, during the bond proposal I gave you a position
paper on mini -stations and I have provided a copy to you right
now and that is my position.
Mayor Ferre: All right, Commissioner Dawkins, are there any
other statements that you want to make on this?
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.SEP 2 91983
a 4
Mr. Dawkins: None whatsoever, Mr. Mayor.
Mayor Ferre: Does anyone else on the Commission want to speak on
this? If not, Mr. Dawkins, I'll recognize you for the purpose of
the motion.
Mr. Dawkins: Mr. Mayor, as you know, we in that area, I have met
with the people, they do want this station and I would recommend
that we refer this to the administration, let the administration
send someone out to meet with the individuals and come back to us
with a recommendation (1) how it can be funded and (2) when i.t
can get started.
Mr. Plummer: Well, Mr. Mayor, I think we have to put on the
record, and I don't want to disagree with my good friend Miller
Dawkins, but if he is ....
Mayor Ferre: Are you seconding the motion?
Mr. Plummer: I'll be happy to second the motion, but let me make
an understanding so we'll have no misunderstanding later. I
think that the people that are directly involved, I don't know of
any other way that this thing can be built without a bond issue.
Now, I know that Milller has his thoughts on that.... Well, I'm
not saying that, I respect his right to what his opinion is but I
think we had better put the cards on top of the table. If it
becomes a reality I know of no other way except through a Capital
Improvements Bond Issue which we are talking about and we have
now put off until March of next year.
Mr. Dawkins: To my colleague, Mr. Undertaker Plummer, I have no
problem with just this issue only being the bond issue, I have no
problem with that.
Mr. Plummer: yes, but there are other items that are going to be
on that issue.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins,
who moved its adoption:
MOTION NO. 83-850
A MOTION REFERRING TO THE CITY MANAGER A
REQUEST REGARDING A PROPOSED POLICE SUB-
STATION DESIGNATED FOR THE N.W. 62 STREET
AREA AND DIRECTING THE CITY MANAGER TO REPORT
BACK TO THE CITY COMMISSION WITH A PROPOSED
SOURCE OF FUNDING AND A PROPOSED DATE FOR THE
START OF CONSTRUCTION.
Upon being seconded by Commissioner Plummer, the motion was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
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SEP 2 9 1983
4 6
32. SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION, 761
N.W. 28 TERRACE AND 2900 S.W. 28TH TERRACE FROM RG-2/5 TO
RO-3/6.
-----------------------------------------------------------------
Mayor Ferre: We are now on Item 7, it is the first item that we
have people here on on the regular agenda. This is a Zoning
Atlas on Second Reading. The Planning Department. The last time
it was moved by Dawkins. Dawkins, are you going to move it
again? Are there any objectors to Item 7? Does anybody wish to
speak to Item 7 at this time? All right, now as I understand
it... Do you have anything to say from the administration's
point of view?
Mr. Whipple: Just to remind the Commission this was a previous
action under old 6871, this takes your action and translates it
into Ordinance 9500.
Mayor Ferre: Got you. Does anybody have any problem with this?:
None.
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 2860 -
70 - 90 AND 2900 SOUTHWEST 28TH TERRACE
MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED
HEREIN) FROM RG-2/5 GENERAL RESIDENTIAL TO
RO-3/6 RESIDENTIAL OFFICE; 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 3, SECTION 300, THERE-
OF; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of July
28th, was taken up for its second and final reading by title and
adoption. On motion of Commissioner Dawkins, seconded by Commis-
sioner Carollo, the Ordinance was thereupon given its second and
final reading by title and passed and adopted by the following
vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
_ Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9675.
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.
RT E1 9/29/83
SEP 2 91983
33. SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION,
2744-2900 S. W. 28TH TERRACE FROM RG-2/5 TO RO-3/6.
-----------------------------------------------------------------
AN ORDINANCE -
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 2744 -
2900 SOUTHWEST 28TH TERRACE, MIAMI, FLORIDA,
(MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-
2/5 GENERAL RESIDENTIAL TO RO-3/6 RESIDENTIAL
OFFICE; 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
3, SECTION 300, THEREOF; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of July
28th, was taken up for its second and final reading by title and
adoption. On motion of Commissioner Dawkins, seconded by Commis-
sioner Carollo, the Ordinance was thereupon given its second and
final reading by title and passed and adopted by the following
vote -
AYES: Commissioner
Commissioner
Commissioner
Vice -Mayor J.
Mayor Maurice
NOES: None.
ABSENT: None.
Miller J. Dawkins
Demetrio Perez, Jr.
Joe Carollo
L. Plummer, Jr.
A. Ferre
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9676.
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.
34. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION, 761
N.W. 3RD STREET FROM RG-2/5 TO CG-1/7.
-----------------------------------------------------------------
Mayor Ferre: Take up Item 12. This is a petition, Ordinance
9500 Atlas change from RG-2/5 to CG-1/7. The applicants, the
proponents, the Planning Department recommended a denial, the
Zoning Board recommended approval unanimously 6 - 0. Is the
proponent here? Is the applicant here? Please step forward to
the microphone, please. Are there any opponents here? Are there
any opponents to Item 12 who wish to speak today? All right,
this is an ordinance on First Reading so we'll hear from the
Department first.
Mr. Whipple: Mr. Mayor and members of the Commission, the
Planning Department has recommended denial of this item based
upon the fact that we do not believe that additional commercial
zoning is needed in this area and also based upon the fact that
we feel the change of this particular lot is an encroachment that
has a precedent going into the multi -family residential area to
the east. It would not be in accord with our comprehensive
planning and we feel that such a change to commercial zoning
would have an adverse impact upon the residential area.
RT 62
SEP 2 91983
a 4.
Mr. Plummer: Dick, wait a minute, didn't we just change 13 and
12? Isn't that the carwash?
Mr. Whipple: No, sir, you changed Lot 8 in blue directly north
of the yellow site under consideration today and that was based
upon the fact that it faced Waterfront Industrial Zoning across
5th Street.
Mr. Plummer: Something tells me we addressed the carwash.
Mr. Whipple: Not to my knowledge, sir.
Mr. Plummer: Is your property the carwash?
Mr. Presno: No, I own Lots 8, 9 and 10.
Mr. Whipple: That is in blue and the car wash is 11 and 12, I
believe.
Mr. Presno: 1 1 .
Mr. Plummer: We're talking about 8 of blue?
Mr. Whipple: Wel-e talking about 13 in yellow. The Zoning
District Boundary Line between the C-4 facing 8th Avenue and the
R-4, Mr. Perez can point to...
Mayor Ferre: I see it. Where does the C-4 go?
Mr. Whipple: The C-4 zoning faces 8th Avenue. 11 and 12 is C-4,
yes, sir.
Mayor Ferre: The blue lot is not C-4?
Mr. Presno: Yes, the three lots.
Mr. Whipple: The three lots are C-4, yes, sir.
Mayor Ferre: And the application is for the lot in yellow.
Mr. Whipple: Yes, sir.
Mr. Presno: The reason I'm trying to make it commercial is....
Mayor Ferre: We need your name and address for the record.
Mr. Santiago Presno: My name is Santiago Presno and I live at
1671 S. W. 18th Street.
Mr. Plummer: Why are you trying to change it?
Mr. Presno: I bought 82 9 and 10 but I am having trouble with
the customers that come across the bridge. There is a stop light
and they can't make a left turn over there. So I am planning to
make the filling in 8 and 13 and the 9 and 12 and use the parking
number 10 and 11. I am planning to buy the two other lots too.
I need a bigger place, I've been in this business 23 years and it
is too small for me now and I am planning to build on those six
lots. But if I build on these three lots I can't get any
customers from over the bridge, they can't make a left turn over
there and they will be blocked by 8th Avenue traffic.
Mr. Carollo: There are no opponents here, are there?
Mayor Ferre: No, there are no opponents.
Mr. Carollo: Mr. Mayor, I'm ready to move for approval since the
Zoning Board recommends it.
Mayor Ferre: All right, there is a motion.
Is there a second?
".63
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Is there a second?
AE P 29 1983
a 4
Mr. Perez: What is the motion?
Mayor Ferre: He is making a motion for approval.
Mr. Perez: I second.
Mayor Ferre: There is a second, further discussion? Call the
roll. Under final discussion, Mr. Whipple, I use that street to
go over on the 5th Street Bridge. In my opinion, that whole area
next to the river, there is absolutely no question in my mind
that that is all going to end up being commercial and I think
that that whole block, you ought to think carefully about taking
that whole block and re -thinking as to whether or not it should
be a commercial block. That is an intersection where South River
Drive and the 5th Street Bridge and 8th Avenue and 5th Street all
come together and it is just a major, there is no question that
that is going to be a major commercial area as this community
develops. I think that the Planning Department should take a
good strong look at that corner intersection. I don't see that
that is going to remain as a residential area much longer and I
have something that I do want to talk about, not today, and it is
an idea that comes basically out of Ken Treister in his various
trips to Europe, mainly to Barcelona, Spain and that is the idea
of combining commercial and residential so that we have an
incentive for people to put residential on top of shops which is
what you see in Europe all over and in Latin America and it
really brings people actively to communities around the day and
around the week. But in the meantime, I'm ready to vote for this
and then I want to make a motion that you, the Department, study
that intersection carefully. Okay, did you call the roll?
Ongie: No.
c-re: Call the roll.
F ENTITLED-
AIN 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 761
NORTHWEST 3RD STREET, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN) FROM RG-2/5
GENERAL RESIDENTIAL TO CG-1/7 GENERAL
COMMERCIAL; MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 35 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 Carollo and seconded by
Commissioner Perez and passed on its first reading by title by
the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: Commissioner Miller J. Dawkins
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.
64
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SEP 2 9 1983
i
-----------------------------------------------------------------
35. INSTRUCT PLANNING DEPARTMENT TO INSTITUTE STUDY FOR POSSIBLE
CHANGE OF ZONING OF N. W. 3RD STREET TO EITHER COMMERCIAL OR
MIXED COMMERCIAL RESIDENTIAL USE.
-------------------------------------- I --------------
Mayor Ferre: And now I'd like to make a motion that the
Department be instructed to look at that major intersection and
come back with specific recommendations.
Mr. Carollo: Second.
Vice -Mayor Plummer: Motion made and seconded, further
discussion? Call the roll.
The following motion was introduced by Mayor Ferre who moved
its adoption:
MOTION NO. 83-851
A MOTION DIRECTING THE CITY MANAGER TO
REQUEST THE PLANNING DEPARTMENT TO INSTITUTE
A STUDY FOR POSSIBLE CHANGE OF ZONING OF N.
W. 3RD STREET TO EITHER COMMERCIAL OR MIXED
COMMERCIAL -RESIDENTIAL USE.
Upon being seconded by Commissioner Carollo, the motion was
passed and adopted by the following vote -
AYES: Commissioner
Commissioner
Vice -Mayor J.
Mayor Maurice
NOES: None.
Demetrio Perez, Jr.
Joe Carollo
L. Plummer, Jr.
A. Ferre
ABSENT: Commissioner Miller J. Dawkins
----------------------------------------------------------
3 . DEFERRAL OF CONSIDERATION OF FIRST READING ORDINANCE
TO CHANGE THE ZONING CLASSIFICATION OF 185 S. E. 14TH
STREET FROM RG-3/7 TO SPI-5.
----------------------------------------------------------
Mayor Ferre: Take up Item 13, Zoning Atlas, First Reading,
Cucusa Seaplace Realty Investments, N.V. & Point View Towers of
Curacao. Do we have all the information as per the regulations
and so on as to who the owners and principals and what have you?
I'm asking this for the record so that we don't have any problem.
Would you stand over here? Don't you represent the City of
Miami, sir? I'm asking you a simple question, is there a
complete disclosure on the ownership and who...
Mr. Aurelio Perez-Lugones: I believe what we have is the old
disclosure, I don't think we have received a new disclosure.
Mayor Ferre: Remember we went through this big thing, so I want
to make sure that we have clearly on the record who owns the
company, who owns the property, who the principals are so that we
don't get into a violation of the rules we have set ourselves on
this Commission.
Mr. Perez-Lugones: We do not have a new disclosure.
Mayor Ferre: What?
Mr. Plummer: Well, the question that you really want to ask is,
Mr. Traurig is representing the company. You have filed, or they
have filed a disclosure form. Is there any changes or anything
different today than when that form was filed on record?
Mr. Robert H. Traurig: The answer is that at the last meeting on
July 28, we went through the business of disclosure with regard
RT
r <i�
.SEP 291983
to Cucusa. I have been told by Ms. Cooper that although the
Cucusa disclosure was filed, the disclosure form for properties
west of it wasn't filed. On the other hand, we have had
meetings, Ms. Cooper and I, with clients and we were going to ask
this Commission to defer this item again today to permit further
discussion with regard to alternative zoning. I think that Mr.
Bliss who is here representing the Commodore, and I represent the
Babylon, would like to say something a little bit different. If
it is the sense of this Commission that a deferral would be in
the best interest of the community, we would call your attention
to the fact that right on your agenda it says that this matter
has to be finally disposed of within 59 days of today.
Therefore, we would ask you to consider, if you were going to
defer it to have two hearings on this matter prior to the end of
November which would mean that one hearing could be in October
and one hearing should be on the regular Commission Agenda of
November, otherwise, because of Thanksgiving and elections and so
forth, we may not get the second hearing in. But we are prepared
and would jointly ask you to consider a deferral to permit us to
continue our discussions on it. And I think Mr. Bliss would like
to be heard independently.
Mayor Ferre: First the manager then Mr. Bliss then Ms. Cooper.
Mr. Gary: Mr. Mayor, it was stated on this item the last time,
that statement still exists and I'll have to be excused from
participating on this.
Mayor Ferre: All right. Don't go too far because I don't think
this will take too long. All right, Mr. Bliss wanted to make a
statement.
Mr. Alan Bliss: My name is Alan Bliss. Right now I'm residing
at 1402 Southeast Bayshore Drive. If the City is as desirous of
keeping the Commodore's Club as I am, the decision has got to be
made very rapidly or i-G will be the death of the 1916 mansion
known as the Commodore's. The reason is the property was in
litigation for a couple of years, there were mortgages that were
not taken care of, so I had to agree to a sale and as of January
3rd of this coming year, if it isn't sold before then. I have
been trying to get groups together that will keep the club
operational as a restaurant and the only group that I can get
that works that way is if an office building could be built
behind it, or at least that is the present one. The only people
interested in a condominium want to tear the building down so
they can move closer to the street where the lot is wider and
they get a better view without Pointview North, Brickell Bay
Towers, in other words blocking them. And I don't see how, I'm
trying to get two groups together and if we waited another 50
days or whatever it would take, I would have less than a month to
try to incorporate two different groups into a sale and I think
that where the City Planning Department and Mr. Traurig have gone
along with the idea that the Commodore should be treated
differently, I think it should be treated differently as well. I
where we're trying to save a property, we're accepting the zoning
that is allowed as a condominium, in other words there would be
no increase in zoning. I could agree to that because the
property is so small we couldn't build more even though the
zoning of the SPI-5, whatever it is, would allow much more, on a
half an acre it wouldn't be. As far as the area to the south,
there is a huge parking lot next to the south of us which makes a
good buffer zone. On the other hand, to the north of us where
Mr. Traurig is interested in the offices, we have probably less
than 15 feet between the two property lines.
Ms. Janet Cooper: I am not going to address the issue of the
zoning on the property unless the Commission decides that they
need to hear the item today. As representative of the Pointview
Association, we have been working to try to resolve this issue
which is very important to over 1,000 units in that area and the
people who live there and in order to do that we need time.
We're aware of the problem with the 59 days, that comes out to
RT "GC
SEP 2 9 1983
6 a
November 27th. We have agreed with Mr. Traurig that it could be
heard at the Planning and Zoning Meeting in October and then the
Regular Meeting in November. This is moving it as expeditiously
as possible yet giving it the attention that it needs and we
would ask for a deferral.
Mayor Ferre: Is there a motion to that affect?
Mr. Plummer: I'll move it.
Mayor Ferre: Is there a second? Is there further discussion?
Call the roll.
The preceding item was continued on motion of
Commissioner Plummer, seconded by Commissioner Dawkins and passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mr. Plummer: Mr. Whipple, would you tell me, or either one of
you, I attended a dinner party at one of the units at Pointview,
and in looking out to the north..... Anyhow, there is what
appears to be a brand new structure like two lots over that is
never been occupied. Is there anyone here that can....
Mr. Whipple: That is part of the application. That occurs on
Lot #5 as shown on the board.
Mr. Plummer: And it has never been occupied. I'm talking about
a building that must be about three or four stories high.
Mr. Whipple: Terraced, like the towers of Babylon? Yes, sir.
Mr. Plummer: And it has been, I'm told, that it has been
completed over a year and it has never been occupied.
Mayor Ferre: That is the Babylon, isn't it?
Mr. Plummer: That's part of this? Because people are asking me
about the situation and I said I'm sorry, i don't know. Hey,
we'll get into it at the next meeting.
Ms. Cooper: We'll be glad to meet with you and bring you up to
date on it.
Mr. Traurig: We thank you, Mr. Plummer, because at the last
meeting, July 28th, you said you were going to go to the
neighborhood to see the building and you've seen it.
AM Mr. Plummer: Well, I kept my word as I was munching.
RT
67
SEP 2 9 1983
i
37. FIRST READING ORDINANCE (AS AMENDED) ; CHANGE ZONING CLASSIFICATI
3665-71 N. W. 7TH STREET AND 821-899 N. W. 37TH AVENUE FROM
RG-2/5 TO CR-2/7.
Mayor Ferre: Alright, we are now on Item ##16. Arid the next one will be 17.
We are now on 16 on first reading. This is the Planning Department's application.
Ordinance 9500, atlas change from RG-2/5 to CR-2/7, subject to the covenant
voluntarily professed by the owner on file. The Planning Department recommends.
The Planning Advisory Board recommends unanimously 6-0. Mail replies in favor
to, proponents three, opponents one. Now, is there an opponent present? Are
there any opponents. Is the proponent here? That's you, the City, right?
Mr. Whipple: Yes, Mr. Mayor, for the Commission's edification with this item
on through Item #30 are all translations of actions taken by the City Commission
that we are converting into 9500.
Mr. Plummer: 16 thru 30?
Mr. Whipple: So, you will not... the... Yes, sir. The department is the
applicant on all these items.
Mayor Ferre: These are things that we have passed before. Mr. Trauriq, you
mentioned that this was an interest to you. We are just complying with the
law now. Is there a motion?
Mr. Plummer: Well, let me ask a question Mr... Is there anyone here that's
interested in any item between 16 and 30?
(BACKGROUND COMMENT INAUDIBLE)
Mr. Plummer: Well, the only reason I'm asking Bob, is there are people here
on, obviously, other issues and if this is housekeeping let's take the other
issues first.
Mayor Ferre: It's housekeeping except that there is a citizen ---I think he
is a citizen--- who has asked that this matter be put on. So, we are putting
it on. Now, is there a motion?
Mr. Whipple: Well, there are several people that are anticipating action on
these items, yes.
Mr. Plummer: I'm sorry. I was just trying to accommodate.
Mayor Ferre: Plummer moves 16, Perez seconds, further discussion, read the
ordinance.
Mr. Garcia -Pedrosa: Mr. Mayor, before I do that I would like to recommend
that you delete Section 2 on 16.
Mayor Ferre: Why is that?
Mr. Garcia -Pedrosa: Because I don't think you ought to do anything subject
to any covenants. And although the wording is good, it doesn't really add
anything and it could present a legal problem.
Mayor Ferre: Well, then what happens with the covenants that we had previously?
Mr. Garcia -Pedrosa: No, no, no, the covenant is being offered voluntarily and
it's being accepted by the Commission if you approve this. But I don't want to
reflect that in the...
Mayor Ferre: Alright, Plummer is the maker of the motion. Do you accept that
recommendation of the City Attorney? Mr. Perez do you accept it as the seconder?
Further discussion, read the ordinance. Call the roll.
ELI
SEP 29 1983
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
3665 - 71 NORTHWEST 7TH STREET AND APPROXI-
MATELY 821 - 899 NORTHWEST 37TH AVENUE,
MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED
HEREIN) FROM RG-2/5 GENERAL RESIDENTIAL TO
CR-2/7 COMMERCIAL RESIDENTIAL; 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 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 Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, 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.
38. FIRST READING ORDINANCE; CHANGE ZONING CLASSIFICATION, S.W. 27TH
AVENUE BETWEEN S. W. 28TH TERRACE AND BIRD AVENUE BY CHANGING
THE SECTOR NUMBER FROM R)-2.1/4 TO RO-2/1/5; RETAINING SPI-3.
Mayor Ferre: Was there somebody here on 29 particular? There is a lady here
who rose her... Ok, we will take that one up. Is there anybody here on anything
between 16 to 29 other than you, Bob. Alright, Ma'am, we will take yours up
now. This is a Planning Department application. You want to explain it? Into
the record quickly.
Mr. Whipple: I'm sorry, Mr. Mayor, I lost the number.
Mayor Ferre: Just say this is the same as the others.
Mr. Whipple: 29? Yes, sir it is the same as the others.
Mayor Ferre: Alright, is there further discussion? Alright, on Item 29, this
is so that we can comply with our new Ordinance 9500. Is there further discussion
on this? Is there a motion?
Mr. Carollo: Move.
Mayor Ferre: Moved by Carollo, is there a second?
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez, further discussion? Read the ordinance.
Call the roll.
gl
9
CEP 2 91983
AN ORDINANCE ENTITLED-4
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 THE
AREA BISECTED BY SOUTHWEST 27TH AVENUE
BETWEEN SOUTHWEST 28TH TERRACE AND BIRD
AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM RO-2.1/4 RESIDENTIAL
OFFICE TO RO-2.1/5 RESIDENTIAL OFFICE,
RETAINING SPI-3: COCONUT GROVE MAJOR STREET
OVERLAY DISTRICT; MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO.
43 OF SAID ZONING ATLAS MADE A PART OF
ORr VANCE NO. 9500, BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner Perez
and passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, 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.
39. FIRST READING ORDINANCE, ORDINANCE 9500 TEXT AMENDMENT, ARTICLE 15,
SPI-2, COCONUT GROVE CENTRAL COMMERCIAL DISTRICT.
Mayor Ferre: Alright, I have here marked 34. Who is here on Item 34? Counselor
is that one of yours?
Mr. Traurig: I neglected to include 32. Joyce Meyers indicated to me that there
had been an agreement that the Sears Tower matter would be deferred.
Mayor Ferre: I will write it down.
Mr. Traurig: Ok.
Mayor Ferre: We will take care of all these items in a moment, but I just want
to see if we can get as many citizens out of here. Is there anybody here on
347 Now, the next one I have got down is... Are you here on 34? What?
(BACKGROUND COMMENT INAUDIBLE)
Mayor Ferre: Alright, take up 34. Into the record from the administration.
Mr. Whipple: This again, Mr. Mayor, is conversion to the new zoning Ordinance
9500.
Mayor Ferre: Further discussion?
Mr. Carollo: Move.
Mayor Ferre: Moved by Carollo. Is there a second?
gl w 7O
.SEP 2 9 1983
r
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez, further discussion? Read the ordinance.
Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE TEXT OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING SUBSECTIONS
1523.2, 1523.3, 1526.2.1 and 1526.2.2 of
SECTION 1520 ENTITLED "SPI-2: COCONUT GROVE
CENTRAL COMMERCIAL DISTRICT," OF ARTICLE 15
ENTITLED "SPI" SPECIAL PUBLIC INTEREST
DISTRICTS," BY PROVIDING DRIVE-IN FACILITIES
FOR FINANCIAL INSTITUTIONS, DELETING REFER-
ENCES TO PEDESTRIAN STREETS, AND INCREASING
THE FLOOR AREA RATIO FOR RESIDENTIAL,
NON-RESIDENTIAL AND MIXED -USED BUILDINGS;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner Perez
and passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
The City Atto-ney read the ordinance into the public record and announced
that copies were available to the members of the City Commission and to the public.
40. GRANT EXTENSION OF TIME FOR CONDITIONAL USE MIAMI JEWISH HOME AND
HOSPITAL FOR THE AGED, 151 N. E. 52ND STREET AND APPROXIMATELY
71-125 N. E. 51ST STREET AND APPROXIMATELY 80-120 N. E. 52nd
STREET.
Mayor Ferre: We are now on 58, which is the Miami Jewish Home and Hospital for
the aged. This is a petition to extend the time for the conditional use to
permit construction of a proposed five story building. I was recommended by the
Planning Department to be approved. The Zoning Board moved it unanimously five
to zero. This is a companion bill also to 59 and 60. Is there a motion?
Mr. Plummer: Move it.
Mayor Ferre: Alright, it's been moved by Plummer, seconded by Perez. Is there
further discussion on 58? Does anybody here wish to discuss this item? Call
the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
gl
RESOLUTION NO. 83-852
A RESOLUTION GRANTING A ONE YEAR EXTENSION OF A CONDITIONAL USE
AS LISTED IN ORDINANCE NO. 6871 ARTICLE VIII, SECTION 1(11) (c)
TO PERMIT CONSTRUCTION OF A PROPOSED 5-STORY BUILDING (CHERNIN
BUILDING) AND A NEW ENTRANCE TO THE ABLIN BUILDING ON TRACTS
71 AEP 2 91983
6
"A", "B" AND "C", DOUGLAS GARDENS AMD. (110-66), ALSO DESCRIBED
AS 151 NE 52 STREET, AS PER PLANS ON FILE, AS A PART OF THE
MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED: ZONED R-4 (MEDIUM
DENSITY DWELLING). THIS CONDITIONAL USE IN CONJUNCTION WITH A
VARIANCE FOR OFF-STREET PARKING AND A CONDITIONAL USE FOR AN
ACCESSORY OPEN PARKING LOT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
41. GRANT EXTENSION OF TIME FOR A VARIANCE, MIAMI JEWISH HOME AND
HOSPITAL FOR THE AGED, 151 N. W. 52ND AND APPROXIMATELY 71-125
N. E. 51ST STREET AND APPROXIMATELY 80-120 N. E. 52ND STREET.
Mayor Ferre: Who moves 59?
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves 59.
Mr. Perez: Second.
Mayor Ferre: Perez seconds, further discussion? Does anybody wish to talk to
Item 59? Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 83-853
A RESOLUTION GRANTING A ONE YEAR EXTENSION OF A VARIANCE AS LISTED
IN ORDINANCE NO. 6871, ARTICLE XXIII, SECTION 4(9) TO PERMIT
CONSTRUCTION OF A PROPOSED 5-STORY BUILDING (CHERNIN BUILDING)
AND A NEW ENTRANCE TO THE ABLIN BUILDING ON TRACTS "A", "B" AND "C",
DOUGLAS GARDENS AMD. (110-68), ALSO DESCRIBED AS 151 NE 52 STREET,
AS PER PLANS ON FILE, WAIVING 49 OF 226 REQUIRED OFF-STREET PARKING
SPACES; ZONED R-4 (MEDIUM DENSITY MULTIPLE DWELLING). THIS VARIANCE
IS IN CONJUNTION WITH A CONDITIONAL USE FOR EXPANSION OF A NURSING
HOME AND A CONDITIONAL USE FOR AN ACCESSORY OPEN PARKING LOT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plumrper, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
gl * 72 AEP 291983
4
a
42. GRANT E`:TENSION OF TI,1E FOR CONDITIONAL USE, 80-SPACE OPEN PARKING
LOT, MIA114I JE14ISH HORE AND HOSPITAL FOR THE AGED, 151 'N.E. 52ND
STREET, AND APPROXIMATELY 71-125 N. E. 51ST STREET, AND APPROXI-
bATELY 8G-120 1". VS. 52ND STREET.
Mayor Ferre: Take up Item 60, related item.
Mr. Plummer: Move.
Mayor Ferre: Plummer moves, Perez seconds, further discussion? Anybody wish
to speak to Item 60, Miami Jewish Home and Hospital for the aged? Call the
roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 83-854
A RESOLUTION GRANTING A ONE-YEAR EXTENSION OF
A CONDITIONAL USE AS LISTED IN ORDINANCE NO.
6871, ARTICLE V, SECTION 1(6)(b) TO PERMIT
CONSTRUCTION OF AN 80 SPACE OPEN PARKING LOT
FOR THE PARKING OF PRIVATE PASSENGER VEHICLES
ON LOTS 4 THROUGH 13 INCLUSIVE, BLOCK 2, ALTA
VISTA CORRECTED (6-4) AND TRACT "D", DOUGLAS
GARDENS AMD. (110-68), ALSO DESCRIBED AS
APPROXIMATELY 71-125 NE 51 STREET AND
APPROXIMATELY 80-120 NE 52 STREET, AS PER
PLANS ON FILE, AS AN ACCESSORY USE TO THE
MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED
LOCATED AT 151 NE 52 STREET; THE N 107.551 OF
TRACT "D", DOUGLAS GARDENS AMD. (110-68) ARE
ZONED R-4 (MEDIUM DENSITY MULTIPLE DWELLING);
LOTS 4 THROUGH 8 INCLUSIVE, BLOCK 2, ALTA
VISTA CORRECTED (6-4) ARE ZONED R-2 (TWO
FAMILY DWELLING); LOTS 9 THROUGH 13, BLOCK 2,
ALTA VISTA CORRECTED (6-4) AND TRACT "D",
LESS THE N 107.551v DOUGLAS GARDENS AMD.
(110-68) ARE ZONED R-1 (ONE FAMILY DWELLING).
THIS CONDITIONAL USE IN CONJUNCTION WITH A
CONDITIONAL USE FOR EXPANSION OF A NURSING
HOME AND A VARIANCE FOR A WAIVER OF OFF-
STREET PARKING SPACES.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
gl
o3 SEP 2 91983
0
�J
43. GRAIIT RAJOR SPECIAL USE PERMIT AUTHORIZING FINAL APPLICATION,
LINCOLN/HASHER PROJECT LOCATED 623-799 BRICKELL AVENUE.
Mayor Ferre: The next item is 61. This is a resolution major use special
permit, the Lincoln property company, Raymond Nasher Company joint venture.
This is a petition authorizing the final application for a major use special
permit. The department recommends approval. The Planning Advisory Board
recommended it unanimously six to zero. Is there anybody here who wishes to
speak on this item? Alright, is the proponent here? Name and address for the
record, make your statement.
Mr. Tony O'Donnell: For the record my name is Tony O'Donnell with law offices
at 1401 Brickell Avenue. I'm here today representing with Bob Traurig the
Lincoln/Nasher joint venture on this first item, which is interrelated I believe
with the next two items on the agenda. Is that not correct?
Mayor Ferre: Alright, make your presentation quickly. We are short on time,
so...
Mr. O'Donnell: Mr. Mayor and members of the Commission, in the interest of
time I would just like to explain that this is a project that has gone through
several months of review by the staff of the City, by the South Florida Regional
Planning Council ---this is a development of regional impact--- which recommended
this development. It has'been reviewed and recommended for approval by the
Urban Development Review Board and by the Planning Advisory Board and now by your
Planning Department.
Mr. Plummer: If you don't have any further questions--- a smart man quits
when he is ahead. I think this has gone through...
Mayor Ferre: No, no, show us the pictures.
Mr. Plummer: Oh, the pictures I have seen.
Mr. O'Donnell: Yes, let's show them the...
Mayor Ferre: Put all the pictures there in front of us Charlie, so we can look
at it. How big a project is this? How many square feet?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Seven hundred fifty thousand net usable space.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Gross. Let see the perspective, Charlie.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: We have worked out all of the view corridors and all the bay
walks and all the... Any questions? When are you going to start construction
on this? You've got this finance now and you are ready to start or are you
going to be waiting for a couple of years or what?
Mr. O'Donnell: The projection now is early 1984.
Mayor Ferre: The projection is to proceed in construction in 1984.
Mr. Plummer: What is early? No... I'm saying it for a reason.
Mr. O'Donnell: The first three months, within the first three months.
Mr. Plummer: Now, I was hoping.that you could kick off the new year by that
building. I think that would be a tremendous thing to have ground breaking on
the first of January. You can do that maybe still. I would love to see a
project of this magnitude and this great thing for this area. Last year I
gl / 4
CEP 2 9 1983
0 0
forget what we started off with, but I would love to see the ground breaking on
the first day of January. I think it would be a pleasant way to start the new
year.
Mr. O'Donnell: So, do we.
Mayor Ferre: Let me ask you a question on... How much commercial space is there
in the building? I mean, ground floor...
Mr. O'Donnell: 7 will let our architect answer these nnactinnc,
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Retail space. So, it's all convenience, support stuff, it's
nothing... So, that this is basically an office building as such. Are you
planning for a bank lobby in the ground floor? What's the ground floor?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: It could be a major bank. Ok, any other questions? Is there
a motion?
Mr. Plummer: I move Item 61.
Mayor Ferre: Alright, Plummer moves 61, is there a second?
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez, further discussion on Item 61? Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 83-855
A RESOLUTION ISSUING A MAJOR USE SPECIAL
PERMIT, ATTACHED HERETO AS EXHIBIT "A" AND
INCORPORATED HEREIN BY REFERENCE, APPROVING
WITH CONDITIONS THE LINCOLN/HASHER PROJECT
PROPOSED BY LINCOLN PROPERTY COMPANY AND
RAYMOND D. NASHER COMPANY, A JOINT VENTURE
LOCATED AT APPROXIMATELY 623-799 BRICKELL
AVENUE; MAKING FINDINGS; GRANTING A MODIFICA-
TION TO SECTION 3(4)(b) OF THE CITY CHARTER:
40' SIDE YARDS PROVIDED (118' REQUIRED); AND
GRANTING APPROVAL OF VARIANCES TO ZONING
ORDINANCE NO. 9500 PERTAINING TO SECTION 1550
ENTITLED "SPI-5: BRICKELL-MIAMI RIVER RESI-
DENTIAL OFFICE DISTRICT"; GROUND LEVEL
PEDESTRIAN OPEN SPACE: 71,251 SOFT. PROVIDED
(115,789 SQ.FT. REQUIRED); PLAZA AREA: 64,366
SQ.FT. PROVIDED (83,056 SQ.FT. REQUIRED);
HEIGHT LIMITATIONS: PENETRATING NORTH LIGHT
PLAN BY 76' (NO PENETRATION ALLOWED);
PROVIDING FOR ISSUANCE OF A CLASS C PERMIT
AND PROVIDING THAT THE PERMIT SHALL BE
BINDING ON THE APPLICANT AND SUCCESSORS IN
INTEREST.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre.
NOES: None.
ABSENT: Commissioner Joe Carollo.
75
gl
SrEP 29 1983
44. AUTHORIZE ISSUANCE OF DEVELOPMENT ORDER FOR LINCOLN/NASHER PROJECT,
A DEVELOPMENT OF REGIONAL IAiPACT, 623-799 BRICKELL AVENUE.
Mr. Plummer: I move 62.
Mayor Ferre: Plummer moves 62, Perez seconds the related item. Further discussion?
Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 83-656
A RESOLUTION CONCERNING THE LINCOLN/NASHER
PROJECT, A DEVELOPMENT OF REGIONAL IMPACT,
LOCATED AT APPROXIMATELY 623-799 BRICRELL
AVENUE, MIAMI, FLORIDA, MAKING FINDINGS;
RESCINDING RESOLUTIONS 80-790 ADOPTED OCTOBER
30, 1980 AND 82-1071 ADOPTED NOVEMBER 10,
1982; AUTHORIZING ISSUANCE OF A DEVELOPMENT
ORDER FOR SAID PROJECT, APPROVING SAID
PROJECT WITH MODIFICATIONS, AFTER CONSIDERING
THE REPORT AND RECOMMENDATIONS OF THE SOUTH
FLORIDA REGIONAL PLANNING COUNCIL AND THE
PLANNING ADVISORY BOARD OF THE CITY OF MIAMI
AS REQUIRED BY CITY OF MIAMI ORDINANCE NO.
8290, AND AFTER CONDUCTING A PUBLIC HEARING
AS REQUIRED BY CHAPTER 380.06 FLORIDA
STATUTES, SAID APPROVAL AND AUTHORIZATION
SUBJECT TO THE CONDITIONS OF THE DEVELOPMENT
ORDER ATTACHED HERETO AS EXHIBIT "A" AND THE
REPORT AND RECOMMENDATIONS OF THE SOUTH
FLORIDA REGIONAL PLANNING COUNCIL AND THE
APPLICATION FOR DEVELOPMENT APPROVAL INCOR-
PORATED BY REFERENCE; FURTHER DIRECTING THE
CITY CLERK TO SEND COPIES OF THE HEREIN
RESOLUTION AND SAID DEVELOPMENT ORDER TO
AFFECTED AGENCIES AND THE DEVELOPER.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
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SEP 291983
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45. RESCIND ENVIRON1-1ENTAL PRESERVATION DISTRICT 36-2 FR014 PROPERTY
LOCATED AT 623-799 BRICKELL AVENUE.
Mayor Ferre: Take up 63, related item. Plummer moves, Perez seconds, further
discussion? Call the roll on 63.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 83-857
A RESOLUTION MAKING FINDINGS AND RESCINDING CITY COMMISSION
RESOLUTION NO. 75-922, AS IT APPLIES TO THE DESIGNATION OF
REAL PROPERTY LOCATED AT APPROXIMATELY 623-799 BRICKELL
AVENUE, MIAMI, FLORIDA, AS ENVIRONMENTAL PRESERVATION
DISTRICT NO. 36-2, BUT RETAINING THE DESIGNATIONS TO OTHER
PARCELS OF LAND LOCATED WITHIN THE AREA DESCRIBED IN SAID
RESOLUTION NO. 75-922, AND ENUMERATED AS ENVIRONMENTAL
PRESERVATION DISTRICTS 26-1, 26-2, 28-1, 31-2, 33-1 AND
33-2.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
46. GRANT CONTINUED USE FOR DRIVE-IN TELLER FACILITIES IN CONNECTION
WITH CAPITAL BANK, 2800 S. W. 8TH STREET.
Mayor Ferre: Take up Item 70, Captial Bank, Abel Holts, conditional use granted
by Resolution No. 82-575 to permit a drive-in teller facility. Plummer?
Mr. Plummer: Which bank is this? Where?
Mayor Ferre: Capital Bank, Abel Holts, 8th Street. 2800 8th Street.
Mr. Plummer: What item Mr. Mayor?
Mayor Ferre: Item 70. 7-0.
Mr. Plummer: Can I see the plot plan?
Mayor Ferre: Can we see the plot plan on Item 70. 7-0. Yes, sir?
Mr. Robert Traurig: For the record, Robert H. Traurig, 1401 Brickell Avenue.
We are not asking for a conditional use. The conditional use that was granted
a year ago provided that there would be a review.
gl
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SEP 291983
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Mr. Plummer: It's already in.
Mr. Traurig: It's already there. It's already operating and the whole question
was whether or not the City has second thoughts about whether or not it should have
been granted.
Mr. Plummer: Mr. Mayor?
Mayor Ferre: Yes, sir.
Mr. Plummer: Mr. Traurig, if you won't tell the Mayor this is across from the
Suarez/Reboso headquarters I won't. This is the one that is in and there has
been no problem. I go by it all of the time. I move that it be granted
permanently.
Mayor Ferre: I didn't know that there was a Suarez/Reboso headquarters.
Mr. Plummer: Well, I don't know who's keeping it for who.
Mr. Traurig: I didn't know there was a Suarez.
Mayor Ferre: Further discussion? Further discussion? Alright, Plummer moves
Item #70, is there a second? Perez seconds, further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 83-858
A MOTION OF THE CITY COMMISSION PERMANENTLY GRANTING, WITHOUT
NEED FOR FURTHER REVIEWS BY THE COMMISSION, CONDITIONAL USE TO
PERMIT A DRIVE-IN TELLER FACILITY AT APPROXIMATELY 2800 S.W.
8 STREET, WHICH CONDITIONAL USE WAS ORIGINALLY GRANTED BY THE
ZONING BOARD AND LATER GRATIFIED BY THE CITY COMMISSION PER
R-82-575.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
- NOES: None.
ABSENT: Commissioner Joe Carollo
47. GRANT CONTINUED VARIANCE EXTENSION PAN AMERICAN HOSPITAL: WAIVER OF
28 OF 274 OFF-STREET PARKING SPACES, LOCATION 5959 N. W. 7TH STREET
Mayor Ferre: Take up 72, is the next one I have.
Mr. Plummer: 72?
Mayor Ferre: Pan American Hospital, Dr. Miguel Mora, Resolution 78-437 granted
approval of a five year extension of a variance for a waiver of twenty-eight of
two hundred seventy-four off-street parking places. Yes, sir?
Mr. Robert Benny: Robert Benny, One Chopin Plaza on behalf of Pan American
Hospital. This goes back about ten years... oh, excuse me.
Mr. Plummer: Mr. Mayor, I have been there on a number of occasions as I'm sure
others have been. There is no problem. I will move that it becomes permanent.
gl
'78
SEP 29 *WQ
83
M
Mayor Ferre: There is a motion on 72, is there a second? Seconded by Dawkins,
further discussion, call the roll.
The following motion was introduced by Commissioner Plummer who moved its
adoption:
MOTION NO. 83- 859
A MOTION OF THE CITY COMMISSION PERMANENTLY GRANTING CONDITIONAL
USE TO PERMIT CONSTRUCTION OF AN ADDITION OF PAN AMERICAN HOSPITAL
LOCATED APPROXIMATELY 5959 N.W. 7 STREET, VOIDING THE STIPULATION
FOR ANY FURTHER. REVIEWS BY THE CITY COtU;ISSION OF CONDITIONAL USE
ORIGINALLY GRANTED BY R-73-888 AS LATER CONTINUED BY R-78-437
FOR FIVE-YEAR PERIOD.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: AGENDA ITEM NUMBER 84 WAS CONTINUED TO OCTOBER 27TH.
S. GRANT CONTINUED CONDITIONAL USE; DRIVE-IN TELLER FACILITIES, LEJEUNE
CENTER, INC., OCEAN BANK, 700 N.W. LEJEUNE ROAD.
Mayor Ferre: Take up Item 71. Lejeune Center, Joaquin Membiela, Secretary,
conditional use granted by Resolution 82-875 to permit a drive-in teller facility
to be operated in conjunction with the bank on the above site.
Mr. Plummer: This is on that ocean bank?
UNIDENTIFIED SPEAKER: Yes, that's correct.
Mr. Plummer: How long has it been in operation?
UNIDENTIFIED SPEAKER: About a year come this December.
Mr. Plummer: I move that we grant another one year extension.
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion? Further discussion on Item 71, one year
extension? Call the roll.
The following motion was introduced by Commissioner Plummer who moved its
adoption:
MOTION NO. 83- 860
A MOTION EXTENDING FOR A ONE-YEAR PERIOD A CONDITIONAL USE ORIGINALLY
GRANTED PER R-82-875 TO PERMIT CONSTRUCTION OF DRIVE-IN TELLERS FOR A
BANK LOCATED AT APPROXIMATELY 700 N.W. LE JEUNE ROAD.
g l 79 S E P 2 91983
i
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
49. PERSONAL APPEARANCE; MR. MARK CASPER, ATTORNEY, REQUESTING REPEAL
OF ORDINANCE 9585 AND 9664 OF CHAPTER 4 OF THE CITY CODE REGARDING
SALE OF ALCOHOLIC BEVERAGES.
Mayor Ferre: The next one I have is 93, request by Mark Casper.
Mr. Mark Casper: Yes, Your Honor.
Mayor Ferre: Go ahead.
Mr. Casper: My name is Mark Casper. I reside a 19867 Northeast 24th Court.
I represent Mr. King who's company F.K. Inc. recently acquired the property at
1220 Northwest 54th Street. In order to reactivate the lounge and package store
which had been there some forty years and had been stopped by the last riots
it was necessary through an administrative clerk and red tape for Mr. King to
reapply for a zoning variance because there is an existing bar up the street,
which had also been there, but not as long as the one Mr. King was seeking to
reopen. The problem when he applied for the zoning variance is that when the
Commission passed the Ordinance Nos. 9585 and 9664 they made a part of the City
Code the distance requirements in connection with the liquor establishments.
The effect of which meant that the Zoning Board could no longer grant or hear
variances in the event of a hardship and in effect ---and I know it was unintentional
by the Commission— it now is not available to any individual like Mr. King or
any of the others to obtain a zoning variance in the event of hardship or other
circumstances such as this and I know that isn't what the Commission intended
to do by 9585. So, that what I'm asking now is that we establish some procedure
to allow the Zoning Board'to hear these hardship cases as they had in the past.
Mr. Garcia -Pedrosa: I'll take it Mr. Mayor. This change was done at the request
of your consultant on the zoning ordinance, Mr. Bartlett and counsel is correct
as to the effect of it. I'm not sure how he knows what your intent may or may
not have been. I know that I don't know that. I assume the intent was as the
ordinance itself or the change itself reads. Basically there are just three
things that can be done, either you amend both 9500 and the Code and undo what
you have previously done or you amend the Code to provide for exemptions or you
simply permit this particular licensee to explore the situation which I am advised,
but do not myself know exists with respect to the other license which is too close.
Apparently that other bar is also closed now and it may be that he can pick up
that license. And if that's the case he doesn't need any relief from the Commission.
Mr. Dawkins: Who owned the store when it was burned out?
Mr. Casper: Charles C. Corporation.
Mr. Dawkins: Who?
Mr. Casper: The Charles C. Corporation.
Mr. Dawkins: Who owns it now?
Mr. Casper: Mr. King's Corporation.
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SEP 291983
Mr. Dawkins: Mr. King is the sole owner?
Mr. Casper: Yes, his corporation is.
Mr. Dawkins: Alright, who are the members of his corporation?
Mr. Casper: Just Tir. King.
Mr. Dawkins: Well, hell, he is the sole owner then.
Mr. Casper: Yes.
Mr. Dawkins: Ok, how did the store, Mr. City Attorney, and the store at 13th
and 54th is not vacant and is open and doing business? So, now how did that
store which was burned out at the same time as this store come back and be
operative and be able to operate and then this store cannot?
Mr. Garcia -Pedrosa: I don't know, but I assumed it was before the change was
made.
Mr. Dawkins: No, because this hasn't been... This store hasn't been in operation
two months. I mean, the one that's open on 54th and 13th..
Mr. Gary: Let me give you the facts as I have them from staff. This is from
the Zoning Department. It says "although a liquor license had existed in the
past when the establishment was closed and license was moved to a new location".
Ok.
Mr. Dawkins: Ok, now, that's what I'm trying to get to Mr. Gary. Thank you.
Mr. Gary: Ok, it was moved to a new location.
Mr. Dawkins: So, then... pardon me one minute Mr. Gary, before you go any
further, so that I'm clear. So, those who owned the liquor store when it was
burned out took their license and moved to another location? Am I correct?
Mr. Gary: Exactly.
Mr. Dawkins: Alright, go ahead, sir.
Mr. Gary: It says "Therefore, is no existing active or otherwise license for
_ this location and it requires an application for new license. Ordinance 9585
as amended changed the City Code and regulates approval for an alcoholic
beverage license by the City of Miami. This is no longer apart of the City of
Miami Zoning Ordinance and therefore, it's not covered by the variance provision
in the zoning Ordinance. The application for a new license at subject location,
which is Mr. King's location, was denied by the department because it does not
meet the distance separation between establishments as required in the Section
4-10 of the City of Miami Code. One of the requirements that a new place of
business be situation at least twenty-five hundred feet from an established
license. There is an existing, valid license at 1305 Northwest 54th Street
which is less than twenty-five hundred feet from Mr. King's property".
UNIDENTIFIED SPEARKER: Well, I'm not trying to purchase a new license. I have
already bought a license just to put in the place. I'm not trying to purchase a
new license.
Mr. Gary: You see, that's the problem. Unfortunately, when this guy moved,
when the previous owner moved, he took his license with him and he lost the
grandfather clause and now he wants to buy the building or he has the building.
Now, he wants to reestablish a license, but it doesn't comply with the twenty-five
hundred feet requirement.
Mr. Garcia -Pedrosa: That's the whole reason you made the change.
Mr. Casper: The problem is that previously from time immemorial we could ask......
We could have applied to the Zoning Department for a various and they would have
heard our hardship and they would probably have granted it to us. But by putting
this into the Code you have now said no matter what the circumstances are we
will not hear anything. It will be iron clad. It isn't only just this one
situation. There are other things in 9585 which... like parking and other
problems which no longer can be heard and now the Commission certainly doesn't
91 • 81
SEP 291983
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want all of these people to come back here and what they should do as they dial
before, is allow the Zoning Board to hear these hardship problems and grant
variances where appropriate. Now, Mr. King and it should be brought out. Mr.
King brought the entire property which is a rather substantial piece. It's an
important piece to him and he is revitalizing it. He is fixing up the grocery
store and the fruit stand and he has pressure treated the building and he is
going to paint it and this is his life and to deny him the use of this property
which for some forty years have been used this way just isn't fair and particularly,
interesting enough the liquor store up at 1300 is now closed, but they haven't
move the license so that if as long as the license is assigned to that address
Mr. King is out of luck. So, all we are asking is not that this Commission
grant him a variance necessarily, but to allow him to come before a legitimate
board and present his case and then allow them upon proper deliberation to
grant or refuse the variances as they have in the past.
Mr. Dawkins: Only one thing is wrong with your argument,sir. Unfortunately
or fortunately, we live in the United States of America and that gentleman who
has the liquor license on 14th Avenue me, you, and no one else can legally make
him open his business or move it if he doesn't choose to.
Mr. Casper: No, I'm not asking him to.
Mr. Dawkins: Well, then... but see you are coming here to make me think that
he is a bad fellow because he will not open his store.
Mr. Casper: No, I am sorry. I created the wrong impression.
Mr. Dawkins: Ok. Alright, and thank you.
Mr. Casper: What I'm saying is that allow... when this man was operating he
operated actually after Mr. King's predecessor had already been in business.
So, he already had this competition. We are not giving him something he didn't
have before. All we are saying is, hey, let Mr. King come in too like the
predecessor who would still be there if it wasn't for the riots. In other
words, let's encourage people to come into these areas and build them up and
let's not make it anymore difficult for them than life in Miami is.
Mayor Ferre: Alright, we have heard all the discussion. What, if anything,
can be done on this?
Mr. Casper: The City Attorney, I think had suggested that...
Mr. Dawkins: No, the City Attorney... the Manager cleared it up. The Manager
said that this is a new license and as such it must adhere to 9500.
Mayor Ferre: Is there anything else to be said?
Mr. Casper: Then we could... I think it was suggested that we could repeal
9585 to the extent of allowing that the situations like this be brought back
to the Zoning Department for a variance.
Mr. Garcia -Pedrosa: I didn't suggest that Mr. Mayor. I told you that was the
whole change that you consultant suggested that you make and to do that would
in essence undo what you just got through doing.
Mr. Casper: If we don't then we don't have a process for a variance. We have
eliminated that process and that isn't what... I don't think you intended to
do that.
Mr. Plummer: Let me tell you for one, I think it was. And I will tell you why
I think it was. If you are not familiar and you probably are. State of Florida
is just about ready to issue seven hundred new licenses. It was said in defense
of Dade County that probably none of those licenses could come into the City of
Miami because there was not a zoning spot available and for that reason Dade
County did not protest the raffling of the seven hundred licenses, because
if it had been room for them six hundred ninety-nine of them would have been in
the City of Miami. We did not protest that move because of the fact our zoning
laws were adequate with the distance requirements and we did not protest it.
Mr. Casper: What I would like to suggest to this Commission is that we pass an
ordinance that would permit Mr. King to reestablish his existing license at that
location. At 1220 Northwest 54th Street, which would not create any different
gl 62 SEI- 29 1983
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a situation than existed before the riots. Even though it would be with different
people.
Mr. Dawkins: See you say that because you don't live in the neighborhood. Ok.
I say no because I live in the neighborhood. I live three blocks from there.
Ok. And 9500 is attempting to clear up some of the problem that we have. See
the main thing that I personally wanted 9500 to address and it didn't is that
in my community you cannot put a bar or any alcoholic beverage establishment
within so many feet of a church, but a church can come around and put the church
next to establishment. So, you know, I have quite a bit of difficult with that.
You know, if I can't put the bar here, why do you let a church come over here?
If the church don't want to be near me with the bar, why does it move next to
the bar. So,....
Mayor Ferre: Alright, well, I think we have discussed this one round and round
and round and I don't see that there is any... Is there anybody else that wants.
to speak on this? If not, we think you for your presence here today.
50. FORMALLY ACCEPT DONATION OF ART WORK FROM GALLERIA NOVITA AND
ALLOCATING FUNDS FOR PLACEMENT THEREOF.
Mayor Ferre: Are you here on 97? Alright, we are going to take up 97 first
because we have been... I promised that I would do that next. It's going to
be real quick and then we will take up 3. Good afternoon.
Ms. Janice Diamond: My name is Janice Diamond. I am here to represent Galleria
Novita. It was my privilege on the date of July 18th to present to the City
a sculpture to the City of Miami presented by Galleria Novita in behalf of
Hispanic Heritage Festival. At that time our gift was accepted. However, I
do need a formal acceptance from the full Commission.
Mayor Ferre: What is this drawing that you have?
Ms. Diamond: This is a drawing of the sculpture as the artist viewed it in
a particular site.
Mayor Ferre: I mean, that's not here in Miami?
Ms. Diamond: No, it's not. The sculpture is ready to be shipped. It must
be installed on the date of October 14th as the artist will be in Miami at that
time.
Mayor Ferre: Alright.
Ms. Diamond: In order to expedite the installation I need your acceptance
today and also an allocation of funds to help with the installation cost. I
have been working with Cathy Leff. We have established a site for the sculpture.
We have...
Mayor Ferre: Ms. Diamond, the City is greatly honored by having this major
artist and this major piece of work here and I think there is... I'm sure
there is no problem on it. Does anybody have any objections?
Mr. Plummer: I'm assuming... I would feel better... has Mr. Vince Grimm
been on this thing?
Ms. Diamond: I would like to offer Ms. Leff's assistance as she has done...
Mr. Plummer: I appreciate your kind offer, but Mr. Vince Grimm is in fact
the overall project manager of the Knight Center according to this here, better
known as the City of Miami Convention Center.
Mr. Gary: I will tell you what, approve it subject to me having Vince look at
it.
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63 SEP 29 19$3
0
Mr. Plummer: I will move it for approval subject to Mr. Gary having the
and the project manager, I will move it.
Mayor Ferre: Plummer moves with those conditions, is there a second?
Mr. Perez: Secone
Mayor Ferre: Seconded by Perez, further discussion?
Miss Diamond: May I please request the opportunity to have a formal dedication
at the site?
Mayor Ferre: Yes, Ma'am. What day do you have in mind?
Miss Diamond: October 14th and we can be flexible as to time if you could give
me that information now it would help us.
Mayor Ferre: Well, that's something, Cathy, you will have to coordinate with
the Manager's Office. Miss Diamond, we don't want you to misunderstand. I
think this is wonderful that a corporation like Galleria Novita would think
enough of this city to make a donation of a major piece of art work and we
thank you and through you to the Galleria Novita and all those that are participants
in this and we look forward to the inauguration. Thank you.
Miss Diamond: Thank you, it is our privilege to have your acceptance.
Mayor Ferre: Call the roll. (AT THIS TIME THE MAYOR READS THE PROPOSED
RESOLUTION INTO THE RECORD). Is there further discussion? I assume that's
for a tax purpose. Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 83-861
A RESOLUTION FORMALLY ACCEPTING A DONATION FROM GALLERIA NOVITA
OF A BRONZE SCULPTURE ENTITLED "BIRD IN FLIGHT" BY THE ARTIST
PERECOLL; FURTHER ALLOCATING $3,000 FROM THE BUDGET RESERVE IN
THE DEPARTMENT OF MANAGEMENT AND BUDGET TO PARTLY DEFRAY THE COST
OF ERECTING A BASE FOR SAID SCULPTURE AND AUTHORIZING THE CITY
MANAGER TO EXPEND THE HEREIN ALLOCATED AMOUNT FOR SAID PURPOSE,
SUBJECT TO THE APPROVAL OF THE CITY'S CONSULTANT, VINCENT GRIMM,
WITH THE FINAL CONCURRENCE OF THE CITY MANAGER.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
gl
84 SEP 2 91983
51. SECOND READING ORDINANCE; CHANGE ZONING CLASSIFICATION, 3620-3636
N.W. 22ND AVENUE FROM RG-2/4 TO CG-1/7.
Mayor Ferre: Alright, now we are back to Item 3.
Mr. Plummer: Have they supplied the covenant?
Mr. Garcia -Pedrosa: Mr. Mayor, are you... Yes, Mr. Vice -Mayor and I have approved
it and I believe the administration has approved it as well.
Mr. Plummer: If the covenant is in order, I move the Item 3.
Mayor Ferre: Plummer moves 3, is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? Read the ordinance. Call the roll.
ON ROLL CAL-:
Mr. Garcia Pedrosa: I'm sorry, Mr. Mayor. I'm sorry to interrupt the roll
call, but we need the offerer of this covenant to state to the Commission...
Mr. Plummer: Sir, you did voluntarily give this covenant of your own free will?
Mayor Ferre: You can't ask him.
Mr. Garcia Pedrosa: No, no, no, the recording of it and then at their expense.
Mr. C. F. Alfonso: C. F. Alfonso, consultant/engineer.
Mr. Plummer: You are going to record it at your expense?
Mr. Alfonso: That's correct.
Mr. Plummer: You think the City Attorney is a nice guy?
Mr. Alfonso: He is a lovely person and the Commission have been very helpful
to us. Thank you, very much.
Mayor Ferre: Are we now in compliance Mr. City Attorney?
Mr. Garcia -Pedrosa: Yes, sir.
Mayor Ferre: Alright, is there... Can we now call the roll? Call the roll.
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 3620,
3636 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA,
(MORE PARTICULARLY DESCRIBED HEREIN) FROM
RG-2/4 (GENERAL RESIDENTIAL) TO CG-1/7
(GENERAL COMMERCIAL); BY MAKING FINDINGS:
AND BY MAKING ALL THE NECESSARY CHANGES ON
PAGE NO. 19 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.
�!T c' 0 ',"NOV)
Passed on its first reading by title at the meeting of July 28, 1983, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Perez, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9677
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.
52. RESOLUTION AS At -TENDED; VACATE AND CLOSE PORTION OF S.W. 37TH
COURT AND SHIPPING AVENUE IN CONNECTION WITH TENTATIVE PLAT
NUMBER 1197 "DOUGLAS ROAD STATION".
Mayor Ferre: Alright, we are now on 48.
Mr. Plummer: Mr. Gary, is 48 in order? Please say "yes".
Mr. Gary: Yes.
Mr. Plummer: I move 48.
Mr. Gary: No.
Mr. Plummer: Wait a minute, what?
Mayor Ferre: Well, make up your mind now. Is it "yes" or "no"?
Mr. Gary: Yes.
Mr. Plummer: I move 48, Mr. Mayor.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Is there further discussion on Item 48? This has the Manager's
recommendation. Mr. Gary?
Mr. Gary: Yes, hold on one second please.
Mayor Ferre: Alright, Mr. Stierheim.
Mr. Gary: Please hold up, hold up. No, no, no, fair is fair. We have... we
granting them all these right-of-ways and I have just been told that on an issue
which was supposed to show that we were going to.... Dade County will treat us
just as we treat them. They want to charge us a two thousand power permit fee.
Until we resolve it, no.
Mayor Ferre: The administration is withdrawing Item 48, 49 and 50 until the
other matters that are pending between the...
Mr. Plummer: Well, hey, let me tell you something. We gave our word. Now,
you should have called the man.
gl . V6
SEP 291983
Mr. Gary: Fine, pass it.
Mr. Plummer: I'm telling you.
Mr. Gary: Fine, go with it.
Mayor Ferre: Are we going to pass it or aren't we going to pass it?
Mr. Plummer: Mr. Mayor, I will pass this subject to Mr. Gary making the
necessary arrangements with Mr. Stierheim. I will move 48. And Mr. Gary
knows what I mean.
Mr. Dawkins: What is 48?
Mr. Plumr,er: This is all in relation to Metrorail. Ok.
Mr. Dawkins: Well, they haven't completed it in my area. Why do you want to
pass it?
Mr. Plummer: Well, because we got to do as they complete.
Mr. Dawkins: Does this means you will get it completed in my area?
Mr. Plummer: We are working on it, sir.
Mr. Dawkins: Alright, sir.
Mr. Plummer: I move 48.
Mayor Ferre: Plummer moves 48, Perez seconds, further discussion? Call the
roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 83-862
A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE
PUBLIC USE OF THAT PORTION OF SOUTHWEST 37TH COURT LYING 26.5'
SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF PEACOCK AVENUE AND LYING
NORTH OF THE NORTH RIGHT-OF-WAY LINE OF SHIPPING AVENUE FOR A
DISTANCE OF t 281'; THAT PORTION OF SHIPPING AVENUE LYING 37.5,
EAST OF THE EAST RIGHT-OF-WAY LINE OF SOUTHWEST 38TH AVENUE AND
LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF SOUTHWEST 37TH
AVENUE LESS THE METRORAIL RIGHT-OF-WAY (FORMERLY FEC RIGHT-
OF-WAY) FOR DISTANCE OF t 442'; THE EASTERLY t 266' OF THE
EAST -WEST ALLEY IN THE BLOCK BOUNDED BY SOUTHWEST 37TH COURT,
SOUTHWEST 38TH AVENUE, PEACOCK AVENUE AND SHIPPING AVENUE; ALL
AS A CONDITION OF APPROVAL OF TENTATIVE PLAT #1197 "DOUGLAS
ROAD STATION", SUBJECT TO NECESSARY ARRANGEMENTS BEING MADE BY
THE CITY MANAGER WITH THE COUNTY MANAGER.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
gl
87 SEP 291983
53. RESOLUTIO14 VACATING AND CLOSING A PORTI014 OF THE EAST CENTER LINE
OF N.W. 19TH AVENUE IN CONNECTION WITH TENTATIVE PLAT NUI•IBER 11-42,
"EARLINGTON HEIGHTS STATION".
Mayor Ferre: Alright, Plummer moves 49, who seconds? Perez seconds, further
discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 83-863
A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE
PUBLIC USE OF THAT PORTION EAST OF THE CENTER LINE OF NORTHWEST
19TH AVENUE (LYING WITHIN THE CORPORATE LIMITS OF THE CITY OF
MIAMI), SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF NORTHWEST 41ST
STREET AND NORTH OF THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD
112 (AIRPORT EXPRESSWAY) FOR A DISTANCE OF t 242'; AS A CONDITION
OF APPROVAL OF TENTATIVE PLAT #1192 "EARLINGTON HEIGHTS STATION.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
54. RESOLUTION VACATING AND CLOSURE OF THAT PORTION OF S. W. 28TIl
LANE AND S. W. 29TH AVENUE IN CONNECTION WITH TENTATIVE PLAT
NUMBER 1193 "COCONUT GROVE STATION".
Mayor Ferre: Alright, Plummer moves 50, Perez Seconds, further discussion?
Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 83-864
A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE
PUBLIC USE OF THAT PORTION OF SW 28 LANE LYING 18' WEST OF THE
WEST RIGHT-OF-WAY LINE OF SW 27 AVENUE, AND EAST OF A LINE 94'
WEST OF THE WEST RIGHT-OF-WAY LINE OF SW 29 AVENUE FOR A DISTANCE
OF t 941' AND THAT PORTION OF 29 AVENUE LYING SOUTH OF THE SOUTHERLY
RIGHT-OF-WAY OF SW 28 LANE AND NORTH OF THE NORTHERLY RIGHT-OF-WAY
OF METRORAIL (FORMERLY FLORIDA EAST COAST RIGHT-OF-WAY) FOR A DISTANCE
OF 1331; ALL AS A CONDITION OF APPROVAL OF TENTATIVE PLAT #1193
"COCONUT GROVE STATION".
(Here follows body of 'resolution, omitted here and on file
in the Office of the City Clerk.) '
91 SEP 291983
Upon being seconded by Commissioner Perez the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
55. FIRST READING ORDINANCE; AI4END ORDINANCE 9500, CHANGE ZONING
FROM RG-3/7 TO SPI-5.
Mayor Ferre: Alright, now, Mr. Traurig, we will take up your list of items.
What are the ones you are here on? 17 is the first one?
Mr. Traurig: Yes, sir.
Mayor Ferre: Take up 17.
Mr. Plummer: That was all of that in housekeeping?
Mr. Traurig: Yes, sir.
Mr. Plummer: I move 17.
Mayor Ferre: Plummer moves.
Mr. Carollo: Second.
Mayor Ferre: Carollo seconds, further discussion? Read the ordinance. Call the
roll.
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
181 - 189 SOUTHEAST 14TH LANE AND
APPROXIMATELY 180 - 190 SOUTHEAST 14TH
TERRACE, MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM RG-3/7 GENERAL
RESIDENTIAL TO SPI-5: BRICKELL-MIAMI RIVER
RESIDENTIAL OFFICE DISTRICT; MAKING
FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 37 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 Carollo
and passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
89 SEP 2919-M-4
gl
S a
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.
16
56. MOTION TO DEFER. CONSIDERATION OF A FIRST READING ORDINANCE
APPLYING AN HC-4 COMMERCIAL AREA HERITAGE CONSERVATION OVERLAY
DISTRICT TO SEARS TOWER, 13nO BISCAYNE BLVD.
Mayor Ferre: What's the next one counsel?
Mr. Traurig: 32, sir.
Mayor Ferre: Take up Item 32.
Mr. Traurig: Item 32 is the Sears Tower and we have had a number of discussions
with the Planning Department with regard to continuing to defer this item in
order to try to resolve the problem. I would say as I said when Janet Cooper
was standing here that the fifty-nine days might apply to this and therefore, _
we wouldn't want to, you know, have the City's applications summarily dismissed
because the time has expired. So that we would probably have to have it on
a regular City Commission agenda in November for second reading, but the first
reading we would like to have deferred until the October meeting.
Mayor Ferre: Any problem with that? Any problems with that? Alright, are
we ready to make a motion? Joe, you want to make a motion?
Mr. Carollo: So move.
Mayor Ferre: Alright, Miller? Seconded, further discussion? Alright, call
the roll.
Mr. Ongie: It's an ordinance.
Mayor Ferre: Read the ordinance. No, wait a minute, this is deferral.
Mr. Garcia -Pedrosa: No, it's a deferral.
Mayor Ferre: This is a deferral of Item 32.
THEREUPON THE FOREGOING MOTION TO DEFER ITEM NO. 32 TO the meeting of
October 27, 1983, was introduced by Commissioner Carollo and seconded by
Commissioner Perez and was passed and adopted by unanimous vote.
57. SECOND READING ORDINANCE; CHANGE ZONING CLASSIFICATION, 3216-28
AVIATION AVENUE FROM RG-2/5 TO RO-3/6.
Mayor Ferre: We are on Item 5 now. Planning Department petition, Ordinance
9500 atlas change. Perez moves, Dawkins seconds, further discussion? Read
the ordinance. Call the roll.
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 Z014ING CLASSIFICATION OF APPROXIMATELY 3216 - 28 AVIATION
AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM
RG-2/5 GENERAL RESIDENTIAL TO RO-3/6 RESIDENTIAL OFFICE, MAKING
FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO.
45 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.
'90 91983
SEP 2
gl
Passed on its first reading by title at the meeting of July 28, 1983, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Perez, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
ABSENT: Vice -Mayor J. L. Plummer, Jr.
NOES: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9678
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.
58. SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION 2784 S.W.
7TH STREET FROM RG-1/3 TO CG-1/7.
Mayor Ferre: We are on Item #G, zoning atlas amendment of 9500. Perez moves,
Carollo seconds, further discussion? Read the ordinance.
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 2784
SOUTHWEST 7TH STREET, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN) FROM RG-1/3
GENERAL RESIDENTIAL TO CG-1/7 GENERAL
COMMERCIAL; MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 33 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.
Passed on its first reading by title at the meeting of July 28, 1983, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Carollo, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9679
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Commission and to the
public.
gl
SEP 2 91983
6
9. SECOND READING ORDINANCE; CHANGE ZONING CLASSIFICATION 2629-2645
SOUTH BAYSHORE DRIVE FROM RG-2/5 TO RO-3/6.
Mayor Ferre: Take up 9. Plummer moves, Carollo seconds, further discussion?
Read the ordinance. 9. Call the roll.
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
2629 - 2645 SOUTH BAYSHORE DRIVE, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN)
FROM RG-2/5 GENERAL RESIDENTIAL TO RO-3/6
RESIDENTIAL OFFICE; SUBJECT TO VOLUNTARILY
PROFFERED COVENANT ON FILE; MAKING FINDINGS;
AND BY MAKING ALL THE NECESSARY CHANGES ON
PAGE NO. 45 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.
Passed on its first reading by title at the meeting of July 28, 1983, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Carollo, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9680
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.
60. SECOND READING ORDINANCE; AMEND ORDINANCE 9500, ARTICLE 15,
SPECIAL PUBLIC INTEREST DISTRICT, SECTION 15100 SPI-10, MERCY
HOSPITAL OVERLAY DISTRICT.
Mayor Ferre: Plummer moves 10, Perez seconds, further discussion? Read the
ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 9500, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING
SUBSECTION 15103.5 OF SECTION 15100 ENTITLED "SPI-10: MERCY
HOSPITAL OVERLAY DISTRICT," OF ARTICLE 15 ENTITLED "SPI:
SPECIAL PUBLIC INTEREST DISTRICTS," BY INCREASING THE HEIGHT
LIMIT FROM 80 FEET TO 120 FEET; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
92
gl
CEP 29 1983
Passed on its first reading by title at the meeting of July 28, 1983 was taken up
for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Perez, the Ordinance was thereupon
given its second and final reading by title and passed and adopted by
the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9681
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.
61. SECOND READING ORDINANCE; AMEND ORDINANCE 9500 ATLAS BY APPLYING
PEDESTRIAN STREET INDICATION TO S.W. loth STREET BETWEEN SOUTH
MIAMI AVENUE AND S.W. 1ST AVENUE.
Mayor Ferre: Plummer move 11, Perez seconds, further discussion? Read the
ordinance. Alright, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY APPLYING THE
PEDESTRIAN STREET INDICATION TO SOUTHWEST
LOTH STREET BETWEEN SOUTH MIAMI AVENUE AND
SOUTHWEST 1ST AVENUE, (MORE PARTICULARLY
DESCRIBED HEREIN); AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 37 OF SAID
ZONING ATLAS MADE A PART OF SAID ORDINANCE
NO. 9500, BY REFERENCE AND DESCRIPTION IN
ARTICLE 3, SECTION 300, THEREOF; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of July 28, 1983 was taken up
for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Perez, the Ordinance was thereupon
given its second and final reading by title and passed and adopted by
the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9682
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
gl
93 SEP 2 91983
62. FIRST READING ORDINANCE; CHANGE ZONING CLASSIFICATIO14 3400-3490
SOUTH DIXIE HIGHWAY FROM RO-2.1/4 TO CR-2/7.
Mayor Ferre: Take up 14.
Mr. Whipple: Mr. Mayor, the department would like to comment 14 so there is
no misunderstanding. At the time of 9500 hearings an architect appeared and
wanted us to consider a different zoning and you instructed us to do so. The
zoning they wanted was CR-2/7 to replace there RO-2.1/4. We did not concur
with the CR-2, but we did concur with the RO-2.1/5 instead of 4 and that's
what we recommend to you today.
Mr. Plummer: Boy, I'm sure glad you simplified it.
Mayor Ferre: So, I mean, what is this? Is this controversial or...
Mr. Whipple: No, sir, but I felt the record ought to be clear so that the
Planning Department wasn't accused of putting anything over on anybody.
Mr. Plummer; It's extremely clear.
Mayor Ferre: Any problems?
Mr. Plummer: You don't know how to count, we got a lot of mathematics.
Mayor Ferre: Does that mean you are moving it Plummer?
Mr. Plummer: I moved it. Do you think I want to listen to that again.
Mayor Ferre: Alright, Plummer moves.
Mr. Carollo: Second.
Mayor Ferre: Plummer moves 14, Carollo seconds it, further discussion on
first reading? Read the ordinance. Call the roll.
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
SECTOR NUMBER ONLY OF APPROXIMATELY
3400 - 3490 SOUTH DIXIE HIGHWAY, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN)
FROM RO-2.1/4 RESIDENTIAL OFFICE TO RO-2.1/5;
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 3, SECTION 300, THEREOF; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Carollo
and passed on its first reading by title by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
1001* s�
ABSENT: Commissioner Miller J. Dawkins.
ABSTAINING: 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. 94
91 SEP 291983
6
6
,;3. AUTHORIZE EXTENSION OF USE PEP11IT FOR ANTILLEAN i•1ARINE SIIPPING
CORPORATION, USE OF SLIP ADJACENT TO BICENTENNIAL PARK.
Mr. Carollo: Mr. Mayor, I would like to bring up a brief pocket item that
we forgot this morning.
Mayor Ferre: Go ahead, as long as it is not a big hot controversial.
Mr. Carollo: It's an extension of the use agreement for thirty days for
Bahamas Lines. Is it Howard?
Mayor Ferre: Alright, is there a second? Hey, Howard? Does that meet with
your approval? Alright, it's seconded by Perez, further discussion? Call the
roll.
The following motion was introduced by Commissioner Carollo, who moved its
adoption:
MOTION NO. 63-865
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXTEND
THE USE AGREEMENT WITH ANTILLEAN MARINE SHIPPING CORPORATION
FOR USE OF DOCKING FACILITIES LOCATED AT THE FORMER F.E.C.
PROPERTY SITE ADJACENT TO BICENTENNIAL PARK FOR A PERIOD OF
30 DAYS.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins.
64. FIRST READING ORDINANC; CHANGE ZONING CLASSIFICATION 4000-40-50
WEST FLAGLER STREET FROM RG-2/5 TO CR-2/7.
Mayor Ferre: Take up 1.5. Come on.
Mr. Plummer: 15.
Mr. Whipple: Mr. Attorney, was that Section 2 strickened?
Mr. Garcia -Pedrosa: Yes. Let's strike Section 2 of the covenant, Mr. Mayor,
as was done before.
Mr. Whipple: And that is another translation in conversion to 9500.
Mayor Ferre: Further discussion? Who moves it?
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves, Perez seconds, further discussion? Read the
ordinance. Call the roll.
gl
95 SEP 29 1983
6
tj
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
4000-40-50 WEST FLAGLER STREET, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN)
FROM RG-2/5 GENERAL RESIDENTIAL TO CR-2/7
COMMERCIAL RESIDENTIAL; MAKING FINDINGS; AND
BY MAKING ALL THE NECESSARY CHANGES ON PAGE
NO. 32 OF SAID ZONING ATLAS MADE A PART OF
ORDINANCE NO. 9500, BY REFERENCE AND DES-
CRIPTION 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 Demetrio Perez, Jr.
Commissioner Joe Carollo ,
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
ABSTAINING: 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.
65. FIRST READING ORDINANCE; CHANGE ZONING CLASSIFICATION 3500 N. 11.
22ND AVENUE FROM RG-2/4 TO CG-1/7.
Mayor Ferre: Take up 18.
Mr. Whipple: Mr. Attorney, 18 also has a Section 2. This is a translation
and conversion also.
Mr. Garcia -Pedrosa: Yes, please.
Mayor Ferre: Further discussion? Plummer moves, Perez seconds, read the ordinance.
Call the roll.
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 3500
NORTHWEST 22ND AVENUE, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN) FROM RG-2/4
GENERAL RESIDENTIAL TO CG-1/7 GENERAL
COMMERCIAL; MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 19 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:
SEP 2919833
gl
th
0
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins.
ABSTAINING: 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.
66. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 3200 NORTH
M1IA11I AVENUE FROM: RG-1/3 TO CG-2/7.
Mayor Ferre: Take up 19.
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves.
Mr. Perez: Second.
Mayor Ferre: Perez seconds, further discussion? Read the ordinance. Call the
roll.
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 3200
NORTH MIAMI AVENUE, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN) FROM RG-1/3
GENERAL RESIDENTIAL TO CG-2/7 GENERAL
COMMERCIAL; MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 21 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 Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller Dawkins
ABSTAINING: 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.
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9 7 SEP 291953
6
67. FIRST READING ORDINANCE; CHANGE ZONING CLASSIFICATIO14 1471 N. W.
17TH STREET FROM RG-3/6 TO RG-3/7.
Mayor Ferre: Take up 20.
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves, Perez seconds, further discussion? Read the
ordinance. Call the roll.
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 1471
NORTHWEST 17TH STREET, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN) FROM RG-3/6
GENERAL RESIDENTIAL TO RG-3/7 GENERAL
RESIDENTIAL; MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 24 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 Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
ABSTAINING: 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.
66. FIRST READING ORDINANC; CHANGE SECTOR NUMBER BLOCK BY N. W. 17TH
AND 19TH STREETS FROM N.W. 14 AVENUE AND WAGNER CREEK TO N. W.
15TH AVENUE.FROM RG-3/6 TO RG-3/7.
Mayor Ferre: Take up Item 21.
Mr. Perez: Move.
Mayor Ferre: Perez moves, Plummer seconds, further discussion? Read the
ordinance. Call the roll.
gl
98 SEP 2,9 1983
4 6
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 THE BLOCK BOUNDED BY
NORTHWEST 17TH AND 19TH STREETS FROM
NORTHWEST 14TH AVENUE AND WAGNER CREEK TO
NORTHWEST 15TH AVENUE, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN) FROM RG-3/6
GENERAL RESIDENTIAL TO RG-3/7 GENERAL
RESIDENTIAL; MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 24 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 Perez and seconded by Commissioner Plummer
and passed on its first reading by title by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
ABSTAINING: 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.
69. FIRST READING ORDINANCE; CHANGE ZONING CLASSIFICATION 5604 - 5730
N. E. 4TH COURT FROM AN UNZONED STATUS TO CR-2/7
Mayor Ferre: Take up 22.
Mr. Perez: Move.
Mayor Ferre: Perez moves, Carollo seconds, further discussion? Read the
ordinance. Call the roll.
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 5604 -
5730 NORTHEAST 4TH COURT MIAMI, FLORIDA,
(MORE PARTICULARLY DESCRIBED HEREIN) FROM AN
UNZONED STATUS TO CR-2/7 COMMERCIAL
RESIDENTIAL; MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 14 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 Perez and seconded by Commissioner Carollo
and passed on its first reading by title by the following vote-
SEP 291983
gl
i i
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice-Mavor J. L. Plummer, 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.
70. FIRST READING ORDINANCE; CHANGE ZONING CLASSIFICATION 5601-5699
N. E. 4TH COURT FROM AN UNZONED STATUS TO CR-2/7.
Mayor Ferre: Plummer moves 23, Dawkins seconds, further discussion? Read
the ordinance. Call the roll.
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 5601-
5699 NORTHEAST 4TH COURT, MIAMI, FLORIDA,
(MORE PARTICULARLY DESCRIBED HEREIN) FROM AN
UNZONED STATUS TO CR-2/7 COMMERCIAL RESI-
DENTIAL (COMMUNITY); MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO.
14 OF SAID ZONING ATLAS MADE A PART OF
ORDINANCE NO. 9500, BY REFERENCE AND DES-
CRIPTION IN ARTICLE 3, SECTION 300, THEREOF;
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 Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, 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.
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SEP 291983
6 a
-1. FIRST READING ORDINANCE; CHA14GE ZONING CLASSIFICATION 2431-2699
N.W. 17TH AVENUE BY CHANGING THE SECTOR NUMBER FROM CR-3/5 TO
CR-3/7.
Mayor Ferre: Dawkins moves, Perez seconds 24, further discussion? Read
the ordinance. Call the roll.
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
2341 - 2699 NORTHWEST 17TH AVENUE, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN)
FROM CR-3/5 COMMERCIAL RESIDENTIAL TO CR-3/7
COMMERCIAL RESIDENTIAL; MAKING FINDINGS; AND
BY MAKING ALL THE NECESSARY CHANGES ON PAGE
NO. 20 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 Dawkins and seconded by Commissioner Perez
and passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, 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.
72. FIRST READING ORDINANCE; 6202-6398 BISCAYNE BOULEVARD FROM RO-3/6
TO CR-2/7.
Mayor Ferre: Plummer moves, Perez seconds, Item 25. Read the ordinance.
Call the roll.
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 6202 - 6398 BISCAYNE
BOULEVARD, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN)
FROM RO-3/6 RESIDENTIAL OFFICE TO CR-2/7 COMMERCIAL RESIDENTIAL;
MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE
NO. 14 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-
101
.SEP 291983
91
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AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, 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.
73. FIRST READING ORDINANCE; CHANGE ZONING CLASSIFICATION 6208-6398
BISCAYNE BOULEVARD BY APPLYING SPI-9 TO THE PROPOSED CR-2/7.
Mayor Ferre: Plummer moves, Perez seconds, Item 26, further discussion? Read
the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY APPLYING THE
SPI-9: BISCAYNE BOULEVARD NORTH OVERLAY
DISTRICT TO THE PROPERTY LOCATED AT
APPROXIMATELY 6202 - 6398 BISCAYNE BOULEVARD,
MIAMI, FLORIDA, PURPOSED FOR REZONING TO
CR-2/7 (MORE PARTICULARLY DESCRIBED HEREIN);
MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 14 OF SAID
ZONING ATLAS MADE A PART OF SAID 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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
ABSTAINING: 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.
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SEP 291983
74. FIRST READING ORDINANCE; CHANGE ZONING CLASSIFICATION 271 N.W.
29TH STREET FROM RG-2/5 TO CG-2/7.
Mayor Ferre: Dawkins moves 27. Perez seconds. Further discussion? Read the
ordinance.
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 271
NORTHWEST 29TH STREET, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN) FROM RG-2/5
GENERAL RESIDENTIAL TO CG-2/7 GENERAL
COMMERCIAL; MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 21 OF
SAID ZONING ATLAS MADE A PART OF ORDINANCE
NO. 95001 BY REFERENCE AND DESCRIPTION IN
ARTICLE 3, SECTION 300, THEREOF; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the members of the public.
75. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 701-99
N. W. 22nd STREET FROM 1-1/7 TO GU.
Mayor Ferre: Take up Agenda Item 28.
Mr. Dawkins: Move it.
Mayor Ferre: Moved by Dawkins, seconded by Perez. Further discussion? Read
the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 95004 TBE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION OF APPROXIMATELY
701 - 999 NORTHWEST 22ND STREET, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN)
FROM I-1/7 LIGHT. INDUSTRIAL TO GU GOVERNMENT
USE; MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 20 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.
?�-° 291983.
ld
Was introduced by Commissioner Dawkins and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
AYES: Commissioner Niller J. Dawkins
Commissioner Den�2tric Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the members of the public.
76. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 2937
S.W. 27TH AVENUE BY CHANGING THE SECTOR NUMBER FROM RO-2.1/4
TO RO-2.1/5; DELETING SPI-3 AND RETAINING SPI-12.
Mayor Ferre: Take up Agenda Item 30. Perez moves, Plummer seconds. Further
discussion? Read the ordinance.
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 2937
SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN) FROM RO-2.1/4
RESIDENTIAL OFFICE TO RO-2.1/5 RESIDENTIAL
OFFICE, DELETING SPI-3: COCONUT GROVE MAJOR
STREETS OVERLAY DISTRICT AND RETAINING
SPI-12: COCONUT GROVE SPECIAL CONSERVATION
OVERLAY DISTRICT; MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO.
43 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 Perez and seconded by Commissioner Plummer
and passed on its first reading by title by the followinq vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the members of the public.
144
CEP 291983
rr7. FIRST READING ORDINANCE: AMEND ORDINANCE 9500 BY ADDING A NEW
SECTION 1613 HC-4, COMMERCIAL AREA HERITAGE CONSERVATION OVERLAY
DISTRICT.
Mayor Ferre: Take up Agenda Item 31. Plummer moves, Perez seconds. Further
discussion?
Mr. Plummer: 31, which one of the heritages is this?
Mr. Whipple: This will be a general heritage district, which will be applicable
to many areas within the City.
Mr. Plummer: Where, specifically?
Mr. Whipple: Specifically, one of the items was going to be Sears, but...
Mr. Plummer: Is it in my backup, the specific locations?
Ms. Meyers: This is an overlay district that would be available to us to
apply to sites in the future. One of them is here. Another that is coming
up in the future is the Salvation Army Citadel. But, this particular ordi-
nace doesn't apply to any property, if you pass it today.
Mayor Ferre: The only reference is anything within 300 feet of the St.
John Bosco Church.
Mr. Plummer: That is true, only the church and all the surrounding areas.
Mayor Ferre: Further discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE TEXT OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING ARTICLE 16 OF
SAID ORDINANCE ENTITLED "HC: HERITAGE
CONSERVATION DISTRICTS;" MORE PARTICULARLY BY
ADDING A NEW SECTION 1613 ENTITLED "HC-4:
COMMERCIAL AREA HERITAGE C NSERVATI N
VERLAY DISTRICT; PROVIDING FOR INTENT,
EFFECT, LOT REQUIREMENTS, FLOOR AREA
LIMITATIONS, MINIMUM OPEN SPACE REQUIREMENTS,
HEIGHT, OFF-STREET PARKING, TRANSFER OF
DEVELOPMENT RIGHTS, AND CERTIFICATES OF
APPROPRIATENESS; AND BY MAKING ALL THE
NECESSARY CHANGES IN THE ZONING ATLAS MADE A
PART OF SAID ORDINANCE NO. 95001 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 Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Commission and to
the members of the public.
UP 2 91983
105
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78. FIRST READING ORDINANCE: APPLY PEDESTRIAN STREET INDICATION TO
SOUTH SIDE OF OAK AVENUE BETWEEN VIRGINIA AND MARY STREETS, WEST
SIDE OF MARY STREET BETWEEN GRAND AND OAK AVENUES AND SOUTHEAST
SIDE OF MAIN HIGHWAY BETWEEN McFARLAND AND THE THE RS-1 DISTRICT
BOUNDARY LINE.
Mayor Ferre: Commissioner Perez moves Agenda Item 33, Dawkins seconds.
Further discussion, read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY APPLYING THE
PEDESTRIAN STREET INDICATION TO 1) THE SOUTH
SIDE OF OAK AVENUE BETWEEN VIRGINIA AND MARY
STREETS, 2) THE WEST SIDE OF MARY STREET
BETWEEN GRAND AND OAK AVENUES, AND 3) THE
SOUTHEAST SIDE OF MAIN HIGHWAY BETWEEN
MCFARLANE AND THE RS-1 DISTRICT BOUNDARY
LINE, (MORE PARTICULARLY DESCRIBED HEREIN);
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 Perez and seconded by Commissioner Dawkins
and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the members of the public.
79. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 2738
S.W. 23RD STREET FROM RG-1/3 TO RO-3/6.
Mayor Ferre: Commissioner Dawkins moves, Commissioner Plummer seconds
Agenda Item 35. Further discussion? Read the ordinance.
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 2728
SOUTHWEST 23RD STREET AND 2729 SOUTHWEST 23RD
TERRACE, MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM RG-1/3 GENERAL
RESIDENTIAL TO RO-3/6 RESIDENTIAL OFFICE;
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
3, SECTION 300, THEREOF; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
SEP 2 91983.
ld
it
Was introduced by Commissioner Dawkins and seconded by Commissioner Plummer
and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the members of the public.
80. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 1100-1198
N.W. 54TH STREET AND 5201-5399 N.W. 12TH AVENUE FROM PD-HC/7
TO CR-2/7.
Mr. Dawkins: Move 36.
Mayor Ferre: Dawkins moves Agenda Item 36. Perez seconds. Further discussion?
Read the ordinance.
AN CRDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAM4.j FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION OF APPROXIMATELY 1100 -
1198 NORTHWEST 54TH STREET AND APPROXIMATELY
5201 - 5399 NORTHWEST 12TH AVENUE, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN)
FROM PD-HC/7 PLANNED DEVELOPMENT -HIGHWAY
COMMERCIAL TO CR-2/7 COMMERCIAL -RESIDENTIAL
(COMMUNITY); MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 17 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 Dawkins and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the members of the public.
107
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81. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 4295-4299
WEST FLAGLER STREET AND APPROXIMATELY 1-99 N.W. 43RD AVENUE FROM
pr-HC/7 TO CR-2',i7 ,
Mayor Ferre: Commissioner Perez moves Agenda 38. Dawkins second. Further
discussion: Read the ordinance.
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
4295-4299 WEST FLAGLER STREET AND 1-99
NORTHWEST 43RD AVENUE, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN) FROM PD-HC/7
PLANNED DEVELOPMENT -HIGHWAY COMMERCIAL TO
CR-2/7 COMMERCIAL -RESIDENTIAL (COMMUNITY);
MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 32 OF SAID
ZONING ATLAS MADE A PART OF ORDINANCE NO.
9500, BY REFERENCE AND DESCRIPTIO14 IN ARTICLE
3, SECTION 300, THEREOF; CONTAINING A
REPEALER PROVISION AND A SEVERASILITY CLAUSE.
Was introduced by Commissioner Perez and seconded by Commissioner Dawkins
and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the members of the public.
82. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 3150-3198
SOUTH DIXIE HIGHWAY AND APPROXIMATELY 2939-2999 S.W. 32ND AVENUE
FROM PD-HC/7 TO CR-2/7.
Mayor Ferre: Commissioner Dawkins moves Agenda Item 39. Plummer seconds.
Further discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 95001 THE ZONING ORDINANCE OF
TP.E CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION OF APPROXIMATELY
3150-3198 SOUTH DIXIE HIGHWAY AND APPROXI-
MATELY 2939-2999 SOUTHWEST 32ND AVENUE;
MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED
HEREIN) FROM PD-HC/7 PLANNED DEVELOPMENT -
HIGHWAY TO CR-2/7 COMMERCIAL -RESIDENTIAL
(COMMUNITY); MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 42 OF
SAID ZONING ATLAS MADE A PART OF ORDINANCE
NO. 95001 BY REFERENCE AND DESCRIPTION IN
ARTICLE 31 SECTION 300, THEREOF; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE. SEP �� �983
ld 108
1
4
Was introduced by Commissioner Dawkins and seconded by Commissioner Plummer
and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. DawkinF.
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carol i,,
Vice -Mayor J. L. Plummer, 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 members of the public.
83. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 2230-
2298 S.W. 27TH AVENUE AND 2700-2754 S.W. 22ND TERRACE FROM
PD-HC/7 TO CR-2/7.
Mayor Ferre: Take up Agenda Item 40. Carollo moves, Dawkins seconds.
Further discussion? Read the ordinance.
AN ORDINANt-L EETITLLD-
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
2230-2298 SOUTHWEST 27TH AVENUE AND APPROXI-
MATELY 2700-2754 SOUTHWEST 22ND TERRACE;
MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED
HEREIN) FROM PD-HC/7 PLANNED DEVELOPMENT-
HIGHkAY COMMERCIAL TO CR-2/7 COMMERCIAL -
RESIDENTIAL (COMMUNITY); 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 DES-
CRIPTION IN ARTICLE 3, SECTION 300, TEEREOF;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner Dawkins
and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, 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 members of the public.
ld 109 - .$FP 2 9 1983
0
Al►
84. FIRST READING ORDINANCE: AMEND ORDINANCE 9500 APPLYING SECTION
610 HC-1 GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO
GULF GAS STATION LOCATED AT 1700 S.W. 22ND STREET.
Mayor Ferre: Now, on Item 41, did the owners of the Gulf Gas Station approve?
Ms. Meyers: Yes, they did.
Mr. Plummer: Is the letter on file?
Ms. Meyers: No, we don't have a letter, but we have been working with them
for over two years. They have recently remodeled the station.
Mr. Plummer: No, I want a letter on file! Why didn't you get it?
Mayor Ferre: Plummer moves that this item be deferred. Second by Dawkins,
further the discussion, call the roll.
Mr. Plummer: Either a letter, or them here personally appearing and get it
on the record.
THEREUPON, motion was made and duly seconded to defer this item,
but motion was rescinded as shown hereinbelow.
Mayor Ferre: Do you have a letter on the Huntington Building?
Ms. Meyers: The Huntington owners have appeared at several hearings in the
past before the Heritage Conservation Board, and has said on the record that
they approve this.
Mayor Ferre: Look, Plummer either wants them here in person, or...
Mr. Plummer: I'll move 42, subject to their supplying a letter. Without
the letter, it is not approved, and I will back up 41 and do the same.
Mayor Ferre: All right, Plummer moves 41 with the condition that it only be
finalized on Second Reading if there is a letter. Second by Dawkins. Read the
ordinance on Item 41.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY APPLYING THE
HC-1: GENERAL USE HFRITAGE CONSERVATION
OVERLAY DISTRICT TO THE "GULF GAS STATION,"
LOCATED AT APPROXIMATELY 1700 SOUTHWEST 22ND
STREET, (MORE PARTICULARLY DESCRIBED HEREIN);
MAKING FINDINGS; AND BY MAKING ALL THE
NECESSAFY CHANGES ON PAGE NO. 43 OF THE
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 Dawkins
and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, 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 members of the public. S'��1 �' 91983
111ybl
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85. FIRST TEADING ORDINANCE: APPLY SECTION 1610 HC-1 GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO THE HUNTINGTON BUILD-
ING LOCATION, 168 S.E. 1ST STREET.
Mayor Ferre: Take up Agenda Item 42.
Mr. Plummer: Move 42, subject to the same provisions.
Mr. Dawkins: Second.
Mayor Ferre: Moved and seconded. Now, you understand, you either bring
a letter, or you bring the body dead or alive at the next Commission meeting.
Further discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY APPLYING THE
HC-l: GENERAL USE HERITAGE CONSERVATION
OVERLAY DISTRICT TO THE "HUNTINGTON BUILD-
ING," LOCATED AT APPROXIMATELY 168 SOUTHEAST
1ST STREET, (MORE PARTICULARLY DESCRIBED
HEREIN); MAKING FINDINGS; AND BY MAKING ALL
THE NECESSARY CHANGES ON PAGE NO. 36 OF THE
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 Dawkins
and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, 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 members of the public.
86. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION, 2724-
26-34 S.W. 7TH STREET, FROM RG-1/3 to CR-3/7.
Mayor Ferre: Carollo moves Agenda Item 44. Carollo seconds. Eduardo Pajon
Associates and so on.
Mr. Whipple: For the record, Mr. Mayor, that is not a change over item.
Mr. Plummer: Backup, we are now at housekeeping.
Mayor Ferre: What are you talking about?
Mr. Whipple: There should be an applicant here for this item.
Mr. Plummer: Item 44 is not a regular zoning item.
Mayor Ferre: I realize that!
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Mr. Garcia -Pedrosa: That is okay, I can do that. Mr. Mayor...
Mayor Ferre: Yes.
Mr. Garcia -Pedrosa: That was a mistake in the manner in which the ordinance
described the subject property, and Mr. Michael Anderson asked if I would,
and Mr. Pajon, as well, if I would explain to the Commission that this is
merely reflecting what you intended to do, which didn't correctly find its
way into the previous ordinance.
Mayor Ferre: I realize that, but the maker of the motion originally was
Carollo, and it was seconded by Perez, as I remember, and I just making
that I assume you want to move it again. Further discussion?
Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
OF MIAMI, BY CHANGING THE ZONING CLASSIFICA-
TION OF LOTS 8, 9, and 10, BLOCK 2, HARDING
HEIGHTS (6-138), LESS THE SOUTH 40' THEREOF,
ALSO DESCRIBED AS APPROXIMATELY 2724-26-34
SOUTHWEST 7TH STREET FROM RG-1/3 [GENERAL
RESIDENTIAL (ONE AND TWO FAMILY)j, TO CR-3/7
[COMMERCIAL RESIDENTIAL (GENERALLY)J, AND BY
MAKING THE NECESSARY CHANGES IN THE ZONING
ATLAS MADE A PART OF SAID ORDINANCE NO. 9500,
BY REFERENCE AND DESCRIPTION IN ARTICLE 31
SECTION 300, THEREOF; BY REPEALING ALL
ORDINANCES, CODE SECTIONS, OR PARTS THEREOF
IN CONFLICT AND CONTAINING A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner Perez,
and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, 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 members of the public.
87. RESOLUTION, VACATION AND CLOSURE OF THAT PORTION OF THE RIGHT-
OF-WAY OF S.W. 1ST STREET AND S.W. 1ST COURT IN CONNECTION WITH
TENTATIVE PLAT NUMBER 1180 "DCM MAINTENANCE FACILITY".
Mayor Ferre: Plummer moves Agenda Item 47, Perez seconds. Further discussion.
Call the roll on 47.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-866
A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING
THE PUBLIC USE OF THE PORTION OF RIGHT-OF-WAY EAST OF THE
SOUTHEAST CORNER OF THE INTERSECTION OF SOUTHWEST 1 STREET
AND SOUTHEAST 1 COURT, ALSO DESCRIBED AS THE SOUTHERLY 8'
OF SOUTHWEST 1 STREET AND THE EXTERNAL AREA LYING NORTHERLY
OF THE CURVE OF 25' RADIUS CONCENTRIC TO THE SOUTHEAST,
BOUNDED ON THE WEST BY THE EAST RIGHT-OF-WAY LINE OF SOUTH-
WEST 1 COURT, AND BOUNDED OTC THE EAST BY THE WEST BOUNDRY
OF THE NORTH CORRIDOR OF METRORAIL FOR A DISTANCE OF +80.0'
AS A CONDITION OF APPROVAL OF TENTATIVE PLAT NO. 1180-A
"D.C.M. MAINTENANCE FACILITY "
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(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
adopted by thc• following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr..
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
88. RESOLUTION, VACATION AND CLOSURE OF A PORTION OF N. W. 1ST
AVENUE WEST, IN CONNECTION WITH TENTATIVE PLAT NUMBER 1201
"DOWNTOWN GOVERNMENT CENTER FIRST ADDITION".
Mayor Ferre: We are now on Agenda Item 51, Metro -Dade County - same thing.
Plummer, you want to do that?
Mr. Plummer: Yes, I will move it.
Mr. Perez: Second.
Mr. Plummer: Plummer moves, Perez seconds. Further discussion. Call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-867
A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINU-
ING THE PUBLIC USE OF THAT PORTION OF NORTHWEST 1ST AVENUE
WEST LYING SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF NORTHWEST
1ST STREET AND NORTH OF THE NORTH RIGHT-OF-WAY LINE OF WEST
FLAGLER STREET, FOR A DISTANCE OF + 290.16'; AS A CONDITION
OF APPROVAL OF TENTATIVE PLAT #1201 "DOWNTOWN GOVERNMENT CENTER
FIRST ADDITION".
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
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89. DEFER CONSIDERATION OF AN APPOINTMENT OF A CERTAIN INDIVIDUAL
TO SERVE AS A MEMBER OF THE CITY OF MIAMI ZONING BOARD TO FILL
AN EXPIRED VACANCY CREATED DECEMBER 31, 1982; INSTRUCTING THE
CITY CLERK TO READVERTISE.
Mayor Ferre: The next item is Agenda Item 65.
Mr. Plummer: I proffer the name of Mr. Bill Freixas.
Mayor Ferre: Is there a second?
Mayor Ferre: He has made a motion to appoint Billy Freixas. Is there a
second?
Mr. Dawkins: Second.
Mayor Ferre: Zoning, are there any other nominations?
Mr. Carollo: I make a motion that we defer this item until we take them all
up at the same time.
Mayor Ferre: There is a motion that this item be deferred. Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion.
Mr. Carollo: We have the same problem as before. Freixas didn't apply, so...
Mr. Plummer: Well, okay, let's have an understanding. Joe, I abide by your
request, but if we are going to do this, let's do with a worthwhile purpose.
How long does it take to readvertise? I mean, there is some discussion as to
Billy, there is some discussion as to Mr. Sans, so if we have got to readvertise,
and go through the mechanics...
Mr. Perez: It has to be done at least a month prior to the appointment.
Mr. Plummer: All right, we don't meet again until...
Mr. Carollo: We have no choice by law but to do it now. If you want to vote
for Billy...
Mr. Plummer: Fine, that is what I am saying, there is no instructions for
them to do it.
Mr. Carollo: Now, if you want to vote for someone else, we don't have to.
Mr. Plummer: As I said, how fast can we advertise it?
Mr. Perez: It has to be done at least a month prior to the appointment date.
Mr. Plummer: So, do it now! Get it over with.
Mayor Ferre: There is a motion on the floor.
Mr. Plummer: Yes,
Mayor Ferre: And the motion is, that this item be deferred for the purposes
of readvertising, etc. Call the roll.
Mr., Plummer: And that applies, Mr. Mayor, to Item 65 and Item 66.
Mayor Ferre: And 66, and...
.CEP 2 91983
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Mr. Plummer: No, not Item 67.
Mayor Ferre: Only 65 and 66?
Mr. Plummer: Yes.
Mr. Ongie: On the deferral.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION NO. 83-868
A MOTION TO DEFER CONSIDERATION OF APPOINTING A CERTAIN INDIVI-
DUAL TO SERVE AS A MEMBER OF THE CITY OF MIAMI ZONING BOARD TO
FILL AN EXPIRED VACANCY CREATED DECEMBER 31, 1982 AND DIRECTING
THE CITY CLERK TO READVERTISE FOR NEW APPLICATIONS.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
Mayor Ferre: By the way, that is deferral and readvertising.
Mr. Plummer: Right, okay.
90. RESOLUTION APPOINTING VICTOR DeYURRE TO SERVE THE UNEXPIRED TERM
OF OSVALDO MORAN-RIBEAUX, TERM ENDING DECEMBER 31, 1983 AS AN
ALTERNATE MEMBER OF THE ZONING BOARD.
Mr. Carollo: Now, on Item 67, I would like....
Mr. Plummer: I move Victor DeYurre.
Mr. Carollo:.... Victor DeYurre.
Mayor Ferre: Appoint a certain individual to serve...
Mr. Plummer: I second it.
Mr. Carollo: Victor DeYurre.
Mayor Ferre: There is a motion and a second for Victor DeYurre. Wait a
minute, are we all set with Marie on all this? Eli, and all that stuff?
Mr. Plummer: As far as I know!
Mayor Ferre: All right, call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-869
A RESOLUTION APPOINTING VICTOR HENRY DE YURRE AS AN ALTERNATE
MEMBER OF THE CITY ZONING BOARD TO SERVE AN UNEXPIRED TERM
ENDING DECEMBER 31, 1.983.
(Here follows body of resolution, omitted here and
on file in the Offict of the City Clerk.)
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Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
91. DEFERRAL OF CONSIDERATION OF APPOINTMENT OF AN INDIVIDUAL TO
SERVE THE UNEXPIRED ALTERNATE TERM OF PATRICIA KOLSKI, WHICH
WILL EXPIRE DECEMBER 31, 1983, AND DIRECTING THE CITY CLERK TO
READVERTISE.
Mr. Plummer: Wait a minute! Item 68, is Pat coming off the Board?
Mr. Garcia -Pedrosa: She moved to a regular member.
Mayor Ferre: All right, Item 66 - appointing a certain individual to serve
the unexpired alternate term of Patricia Kolski.
Mr. Plummer: Well, is she up for reappointment, or she...?
Mr. Garcia -Pedrosa: She moved up. You appointed her.
Mr. Gary: She moved up.
Mr. Plummer: Oh, okay.
Mayor Ferre: Will you put up that Board so I can look at it?
Is this Planning?
Mr. Plummer: Yes, we are now talking about Planning.
Mayor Ferre: Kolski moved up, is that right?
Mr. Garcia -Pedrosa: Yes.
Mr. Plummer: We've got to readvertise it.
Mayor Ferre: All right, Plummer moves that this item be deferred so that it
can be readvertised.
Mr. Dawkins: Second.
Mr. Plummer: The same as 65 and 66.
Mayor Ferre: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 83-870
A MOTION TO DEFER CONSIDERATION OF AN APPOINTMENT OF A CEKTAIN INDIVIDUAL
TO SERVE THE UNEXPIRED ALTERNATE TERM OF PaTRICLh KIOuKI, n-40 Z
TERM ENDS DECEMBER 31, 1983, FURTHER DIRECTING THE CITY CLERK TO
READVERTISE TO RECEIVE ADDITIONAL APPLICATIC11S
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
6 SEP 2919�
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AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
92. OPOINTING MRMBERS TO THE HERITAGE C-ONSF RVATION BOARD.
(Paul George, Lola Bohn & Norah K. Schaefer)
Mayor Ferre: We are now on Agenda Item 69.
Mr. Plummer: That is vacancies on the Heritage Conservation Board.
Mayor Ferre: Who are the people?
Ms. Meyers: Mr. Mayor, yesterday I received a letter from Mr. Chase asking
that his name be withdrawn because he is taking a job in another City, so
we will readvertise that one vacancy, but you may proceed to appoint the
other three.
Mr. Plummer: So, the one we are looking at, the one called "vacant" - Bohn
and Schaeffer...?
Ms. Meyers: Schaeffer and the the first one, historian with...
Mayor Ferre: So the the appointments are Lola Bohn and Norah Schaeffer, is
that right?
Ms. Meyers: And Paul George, under the historian position.
Mr. Plummer: Why are those the only names?
Ms. Meyers: Those are the only applicants that we received.
Mayor Ferre: Plummer moves, Perez seconds. Further discussion? Anybody
have a problem with this?
Mr. Dawkins: Why is the restoration architect vacant?
Ms. Meyers: That was Charles Chase, who currently served on the Board, who
just yesterday resigned.
Mayor Ferre: Further discussion? All right, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-871
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE CITY
OF MIAMI HERITAGE CONSERVATION BOARD.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
JEP 2 919001
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AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
93. ACCEPT PLAT "SECOND ADDITION TO MEDICAL CENTER".
Mayor Ferre: Agenda Item 74, This is Drs. Morton Halpern and Jacob Colsky,
"Second Addition to Medical Center", accepting of the plat. Any problem with
that? All right, are they here?
Mr. Plummer: I move it be deferred to give the opportunity to the applicant
to be here.
Mr. Whipple: They usually don't attend, Mr. Plummer.
Mr. Plummer: I move Item 74.
Mayor Ferre: Who seconds?
Mr. Perez: Second.
Mayor Ferre: Perez seconds. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-872
A RESOLUTION ACCEPTING THE PLAT ENTITLED "SECOND ADDITION
TO MEDICAL CENTER" A SUBDIVISION IN THE CITY OF MIAMI;
AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK
TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF
SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
1 $ AEP 2 91983
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Mayor Ferre: How about the plat acceptance of A. C. Electric. Does anybody
have a problem with that?
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves, Perez seconds. Further discussion? Call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-873
A RESOLUTION ACCEPTING THE PLAT ENTITLED S.L.K. PROPERTIES,
A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICA-
TIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE
CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING
FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
95. DEFERRAL AND CONSIDERATION OF FIRST READING ORDINANCE AMENDING
ARTICLE 15, SPECIAL PUBLIC INTEREST DISTRICT, SECTION 1570 SPI-7
7.1, 7.2, BRICKELL MIAMI RIVER RAPID TRANSIT COMMERCIAL DISTRICTS.
Mayor Ferre: Now, what is Agenda Item 76? Is that part of 9500? Any problems
with that?
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves. Dawkins seconds. Further discussion? Read the
ordinance.
Ms. Meyers: Mr. Mayor.
Mayor Ferre: Yes?
Ms. Meyers: If I might have a minute. We would like to introduce a floor
amendment to this Item 76, which is an additional correction, which we dis-
covered after your agenda package came out.
ld 119 SEP 2 91983
Mayor Ferre: State what it is.
Ms. Meyers: It is an amendment to Section 1578.2, Offstreet Parking, and I
have copies of it here to hand out. Shall I read it?
Mayor Ferre: Yes, read it into the record.
Ms. Meyers: Okay, striking paragraph 1, where it says "minimum off-street
parking for residential and office uses shall be as required" in Section
1576.2.2.4, and substituting in its place the following language: "for
residential uses, minimum parking requirements shall be as set forth in
Section 2011.1.1, and there shall be a maximum of 2 parking spaces per dwell-
ing unit", and new paragraph 2: "for hotel and motel use, there shall be a
minimum of .25 parking spaces, and a maximum of 1.5 parking spaces per
lodging unit". New paragraph 3: "for non-residential uses, minimum park-
ing requirements shall be as set forth in Section 2011.1.1, and there shall
be a maximum of 1 parking space per 600 square feet of gross residential
floor area, which shall take precedent over minimum requirements in the
event of a conflict, and changing former Paragraph 2 to Paragraph 4 and
striking the former Paragraph 3.
Mr. Plummer: Mr. Mayor, I am in objection to this as presented, and I will
ask that it be deferred.
Mr. Gary: Defer the whole item.
Mr. Plummer: Defer the whole item is correct.
Mayor Ferre: All right, there is a motion by Plummer...
Mr. Plummer: In particular, for the record, I am mostly in objection to
Section 2 as it relates to the correction.
Mayor Ferre: All right, there is a motion by Plummer that Item 76 be
deferred, seconded by Carollo. Further discussion? Call the roll.
THEREUPON, ON MOTION BY COMMISSIONER PLUMMER AND SECONDED BY
COMMISSION CAROLLO, CONSIDERATION OF FIRST READING ORDINANCE
amending Ordinance 9500, Article 15, Special Public Interest
Districts r•as deferred by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT None
r96.FIRST READING ORDINANCE: AMEND ARTICLE 6, PD-H PLANNED DEVELOP-
, MENT HOUSING DISTRICTS.
Mayor Ferre: All right, any problem on Agenda Item 77? Anybody have a problem
on Item 77? Plummer moves. Perez seconds. Further discussion?
Mr. Plummer: Hey, this little guy can't read all of that at one time. You
got a tank of oxygen?
Mayor Ferre: Call the roll.
Mr. Garcia -Pedrosa: Let me read the ordinance, Mr. Mayor.
120 SEP 291W
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AN C:F!)INANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, THE
ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY AMENDING SECTION 610 ENTITLED
"LAND USE INTENSITY RATINGS AND RELATED
REQUIREMENTS", OF ARTICLE 6 ENTITLED "PD-H:
PLANNED DEVELOPMENT -HOUSING DISTRICTS",
SECTION 903 ENTITLED "LAND USE INTENSITY
RATINGS AND RELATED REQUIREMENTS", OF ARTICLE
9 ENTITLED "PD-HC: PLANNED DEVELOPMENT
-HIGHWAY COMMERCIAL DISTRICTS", BY ADJUSTING
RATINGS AND ADDING A NEW SECTOR 9 WITH
RATINGS; AMENDING SUBSECTIONS 203.7,
2006.2.1, 2013.6, and 2015.1, BY CLARIFYING
LANGUAGE;, AND 2008.11 AND 2016.1, TO PROVIDE
FOR CLARIFYING LANGUAGE RELATIVE TO DISTRICT
BOUNDARIES AND FEDERAL FLOOD CRITERIA
RESPECTIVELY, AND SECTION 2200 ENTITLED
"INTERPRETATION AND ENFORCEMENT", OF ARTICLE
22 ENTITLED "FUNCTIONS AND RESPONSIBILITIES
OF COMMISSION, OFFICERS, AND POARDS IN
RELATION TO ZONING GENERALLY" BY CLARIFYING
LANGUAGE RELATIVE TO INTERPRETATION AND
ENFORCEMENT OF THE ZONING ORDINANCE; FURTHER,
AMENDING PAGE 2 OF THE "OFFICIAL SCHEDULE OF
DISTRICT REGULATIONS" MADE A PART OF SAID
ORDINANCE NO. 9500 BY REFERENCE AND DES-
CRIPTION IN ARTICLE 3, SECTION 3200 THEREOF,
BY INCLUDING THE RG-2.3 (GENERAL -RESIDENTIAL
TP.ANSIT) DISTRICT UNDER THE. "LIMITATIONS ON
SIGNS" COLUMN AND THE RG-3 (GENERAL RESI-
DENTIAL) DISTRICT UNDER THE "MINIMUM OFF-
STREET PARKING REQUIREMENTS", AND INCREASING
THE PLANE III HEIGHT ENVELOPE OF TABLE 2;
CONTAINING A REPEALER PROVISION AND A
SEVERhSILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, 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.
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97. FIRST READING ORDINANCE: AMEND CHAPTER 2 OF THE CITY CODE,
SECTION 2-135, SUBSECTION 8, INCORPORATING BY REFERENCE EXHIBIT
D - URBAN PLAZAS FOR THE ADMINISTRATIVE REVIEW OF URBAN PLAZAS.
Mayor Ferre: Agenda Item 78, Planning Department amending Chapter 2? What
is this all about? Urban Plazas, oh, yes!
Ms. Meyers: Under the guides and standards.
Mayor Ferre: Tell me a little bit about that.
Ms. Meyers: This is about a 10 page document that has requirements in it
to liven these plazas. We require that they have things like retail adjacent
to them - fountains that would attract people to sit around them, performance
bases, landscaping, seating, and all the things that had been lacking in many
of the plazas up to now.
Mayor Ferre: All right, is there further...who moved this? Carollo moves,
Perez seconds on First Reading, Item 78. Further discussion? Read the
ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING SUBSECTION (8) OF
SECTION 2-135 ENTITLED 'SAME DUTIES", OF
DIVISION 8 ENTITLED "PLANNING DEPARTMENT", OF
CHAPTER 2 ENTITLED "ADMINISTRATION", BY
ADDING A NEW SECTION 4, ATTACHED HERETO AS
EXHIBIT "D", AND INCORPORATED HEREIN BY
REFERENCE, FOR ADMINISTRATIVE REVIEW OF URBAN
PLAZAS TO THE "CITY OF MIAMI GUIDES AND
STANDARDS" PREVIOUSLY MADE A PART OF SAID
SECTION 2-135 BY REFERENCE; AND CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner Perez
and passed on its first reading by title by the followin4 vote:
AYES: Commissioner
Commissioner
Mayor Maurice
NOES: None
Demetrio Perez, Jr.
Joe Carollo
A. Ferre
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the members of the public.
----------------------------------------------------------------------------
NOTE FOR THE RECORD: At this point, the regular Planning and Zoning Agenda
was temporarily adjourned in order that the City Commission can take up the
continuation of the Second Public Hearing on the Fiscal '83-184 Budget.
----------------------------------------------------------------------------
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98. SECOND READING ORDINANCE: ESTABLISH THE MILLAGE RATE FOR THE
CITY OF MIAMI FOR THE FISCAL YEAR
Mayor Ferre: It is now 5:05 P.M. We are continuing the Budget from the
previous time. We will have to come back to the Zoning - there are about
eight or nine zoning items left. Now under the law we have got to take up
the budget. Mr. Manager, what have you got? What rabbit can you pull out
of the hat? Give us the good news, you just found an extra $1,000,000!
Mano went back and found all this extra money!! Mr. Manager, what have you
got to tell us about the budget?
Mr. Gary: Mr. Mayor, the percentage increase over the millage over the
rollback rate is 8.98%. The specific purpose for which ad valorem tax
revenues are being increased are as follows:
Increased expenditures for the Police Department as follows:
Salaries and Wages, $3,529,975; other police, $159,334, for a
total of $3,689,309, which represents 68% of the increase;
partial funding for salary, wage and fringe benefits costs
to the remaining City departments, total is $2,662,070, which
represents 42% of the increase. The total 100% increase is
$6,351,379.
At this time, Mr. Mayor, it is appropriate for the City Commission to
listen and respond to citizen's comments.
Mayor Ferre: All right, any other statements you need to make into the
record, Mr. Manager?
Mr. Gary: No, sir, it is appropriate now to listen to any citizen comments,
if there are any.
Mayor Ferre: All right,, are there any...well, we closed off the public
hearing portion of it last time around.
Mr. Gary: Oh, that is right! That is correct. This is a continuation.
Mayor Ferre: But I will be happy to recognize any statements that any
citizen wants to make on this at this time. All right, we are now at the
Commission discussion level, so I will now open it up for discussion.
Mr. Plummer, last time around you had some concerns.
Mr. Plummer: Mr. Mayor, I had a meeting with the Manager, and the areas
that were concerns of mine, the Manager has assured me that those areas
such as the Convention Bureau, there will be a $100,000 contingency re-
stricted fund, only to be used as needed. The other areas of concern
that I had in relation to the Fire Department was about the Fire Boat. I
am given every assurance that I will have another crack at that. It is not
in the budget, it would be through the capital bond issue, and Mr. Mayor,
all matters are resolved as far as I, personally, are concerned. As far as
sanitation, the Manager informed me about what he planned to do, and that
meets with my approval.
Mayor Ferre: Tell me what that is, for the record, on the sanitation.
Mr. Dawkins: Look, I will piggyback on that. This City cannot function
without a budget. Therefore, I am going to vote for this budget and protest.
But, Mr. Gary, we cannot continue to fund more police where our other City
services are cut. Now, as you told us at the very beginning, how many
recreation and park slots must be cut to fund the 50 additional police?
Mr. Gary: Four.
Mr. Dawkins: Four? Twenty-five? Four, so that is four. How many from
Public Works?
123
SEP 29 i9$3
ld
Mr. Gary: Public works is none.
Mr. Dawkins: None.
Mr. Gary: Parks, one.
Mr. Dawkins: Parks, one?
Mr. Gary: Yes.
Mayor Ferre: Now, this is for ten, not for twenty-five. Ten.
Mr. Dawkins: This is ten policemen?
Mayor Ferre: That is it!
Mr. Gary: Ten, and to be phased in, after coming back to the Commission.
Mr. Dawkins: okay, like the Mayor says, we are talking about ten.
Mayor Ferre: That's right.
Mr. Dawkins: And how many positions are we losing for the ten?
Mayor Ferre: Ten.
Mr. Gary: Thirteen.
Mr. Dawkins: Thirteen?
Mr. Plummer: It takes more civilians for ten policemen.
Mr. Dawkins: So now we are going to cut back 13 positions to add ten
policemen, is that right?
Mayor Ferre: That's right.
Mr. Gary: Correct.
Mr. Plummer: None in Sanitation.
Mr. Gary: None in Sanitation, none in Fire.
Mr. Plummer: And with the Mayor's also proviso, that before we would talk
about any other policemen, that what we would be talking about is more
Sanitation workers of a like number...
Mayor Ferre: No, no, stronger than that.
Mr. Plummer: Okay.
Mayor Ferre: We don't add any police officers unless we also add a Sanita-
tion worker at the same time.
Mr. Dawkins: Okay, now...
Mayor Ferre: Beyond the 10.
Mr. Plummer: Beyond the first initial ten policemen, yes.
Mayor Ferre: You got it!
Mr. Dawkins: The only problem I have, Mr. Gary, is this. The two times
that I have been to New York to meet with Standard & Poor & Moodys, as they
rated us, the prime thing that we had in our favor was the fact that the
Manager and the legislative arm, which was us, were able to work harmoniously
and agree in principle on what was best for the City of Miami. Now, this
year I have constantly sat here, as we the Commissioners have failed to heed
your professional advice as a Manager, and we have over -ridden your profes-
sional advice, i.e., the addition of more police, wherein you stated, as the
professional Manager, that we were allowing other services in the City to
deteriorate at the rate of hiring more policemen, and as you know, I am
l d 124 SEP 9 a
2 9_83
pretty sure that as we go back for the next bond hearing, the question is
going to come up, are we listening to you, or not? And if it is proven
that we do not listen to you, we may not no longer have the high bond rating
that we have. I am going to close by saying to you that you have given me
your word, to me, Mr. Plummer, the Mayor, and the other Commissioners that
no policemen will be cut, no firemen will be cut, and no sanitation workers
will be cut. But, we have a way around here, that as the year goes on,
we are able to identify funds that somehow become free. I am going to
pass this budget on the strength that you promised me that as funds are
freed up, or located, that they go first to Recreation and Parks, secondly
to Sanitation, and then thirdly as this Commission may dictate. Thank
you, Mr. Mayor.
Mayor Ferre: All right,Ar. Parks. I think we have already taken care
of yours. Well, but I am not going to deny. What is you want to talk
about?
Mr. Dawkins: You already got yours! Don't make me vote against you now.
Mr.Ralph Parks: I just want to ask a question regarding...I am representing
here today the Local 1907. But if these 13 employees are just for the
10 police and there will be proportionately, which will make note of
somewhere around 60-odd this year, if that is the case.
Mayor Ferre: What is he talking about?
Mr. Dawkins: Explain it a little more clearly, P!r. Parks.
Mr. Parks: If these twenty-fuve policemen supposed to be
hired, ten at the beginning now and then prorated up to end of the year?
Mayor Ferre: We don't know that. That is up to the Manager, depending
as to whether or not he gets the money, but what we...
Mr. Parks: Right, so my question...
Mayor Ferre: What we are saying, this budget authorizes him to hire and
instructs him to hire 25 more police officers. The only thing he is in-
structed to do as of right now is to hire 10, okay?
Mr. Parks: I understand how so much...
Mayor Ferre: And the other 15 will come along in six months. He is going
to come back and tell us how we are doing on the budget, and then we will
decide whether it is 5, or 10, or what have you.
Mr. Parks: I understand that and that is my point. we will have to give
up 13 positions to get 10 policemen, not 25.
Mayor Ferre: That's right.
Mr. Dawkins: So what you are saying is...
Mr. Parks: It makes a lot of difference as to what it started off as, the
13 for 25 now is 13 for 10, which is...
Mayor Ferre: That makes sense.
2Ir.Parks: Which means that it will add up to, if the...
Mayor Ferre: If we get the 25, it will be more than 13.
Mr. Parks: Up around 60 employees will have to go.
Mayor Ferre: It won't happen that way, because that is why we are coming
back in 6 months to see how we are doing on the budget.
Mr. Dawkins: Mr. Parks, your point is well taken, and I appreciate your
bringing that to my attention, if nobody elses. Okay, as the Mayor says,
we will make sure...
125 •SEP 2 91983
Id
'Mr. Parks: we are in a position like those delartments that are batting
their brains out now - shortage of men as everybody know, and we have i'_,
but I just wanted to bring this out so that whatever we have to do, we
will have to work on that assuml-tion.
Mayor Ferre: Okay. Anything else? All right, is there a motion now?
Mr. Gary: No, we have got to adopt the millage, and then the budget.
Mayor Ferre: Oh, we have to adopt the millage. Do we have to read it
into the record? Help me out, because I don't read these laws.
Mr. Garcia -Pedrosa: Yes, sir, I have to read the entire millage ordinance.
Mayor Ferre: All right, is there a motion on the millage ordinance?
Perez moves.
Mr. Dawkins: Second.
Mayor Ferre: Dawkins second. Further discussion? Read the millage
ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL LIMITS
OF THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION; FIXING THE
MILLAGE AND LEVYING TAXES IN THE CITY OF MIAMI, FLORIDA, FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 1983, AND ENDING SEPTEM-
BER 30, 1984, CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of September 12, 1983,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Perez, seconded by Commissioner Dawkins,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9683.
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.
(CITY ATTORNEY READ THE MILLAGE ORDINANCE IN ITS ENTIRETY).
SEP 2 9 1983
ld
s
99. SECOND READING ORDINANCE: MAKE APPROPRIATIONS FOR FISCAL YEAR
ENDING SEPTEMBER 30, 1984.
Mayor Ferre: All right, what is the next thing we need to do, Mano?
Mr. Gary: Bring that Appropriations Ordinance, will you?
Mr. Surana: Page Number 7.
Mayor Ferre: All right, is there a motion?
Mr. Dawkins: Move it.
Mayor Ferre: All right, Dawkins moves the Appropriations Ordinance.
Perez seconds. Further discussion? Read the Appropriations Ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1984; CONTAINING A REPEALER PROVISION; AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of September 12, 1983,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Dawkins, seconded by Commissioner Perez, the
ordinance was thereupon given its second and final reading by title and
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Caroilo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9684.
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.
100. SECOND READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL
LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT AND FIXING THE
MILLAGE AT .4486.
Mayor Ferre: What is next, Mano?
Mr. Surana: It is on Page Number 14 - D.D.A.
Mayor Ferre: Is there a motion? D.D.A., is that the millage?
Mr. Surana: Yes, sir.
Mr. Plummer: You have got that straightened out now?
Mr. Surana: .4486
Mr. Plummer: What is the law? 127 UP 2 91933
Mr. Carollo: Excuse me, Mr. Mayor, Mr. Clerk, for the record, can I
vote now?
Mayor Ferre: All right, where are we on the D.D.A.? 4.7?
Mr. Surana: .4486.
Mayor Ferre: .448b. You want to argue with the Manager about that now?
Mr. Kenzie: No, there has not been an argument on the point...
Mayor Ferre: I am only pulling your leg, Roy.
Mr. Kenzie: I know.
Mr. Dawkins: Does this millage keep us within the cap, Mr. Gary?
Mr. Garcia -Pedrosa: I've got it all here, don't worry about it.
Mr. Gary: Ask the D.D.A. director. Mr. Mayor?
Mayor Ferre: Yes.
Mr. Gary: On D.D.A., lets go through the process. Percentage increasing
millage on the rollback rate is zero percent. You can ask if anybody wants
to talk about the D.D.A. budget.
Mayor Ferre: Anybody want to talk about it? All right, what is next?
Mr. Plummer: Public Hearing was closed.
Mr. Garcia -Pedrosa: I have to read the millage ordinance for D.D.A.
Mayor Ferre: All right, who moves the millage ordinance for D.D.A.?
Mr. Perez: Moved.
Mayor Ferre: Perez moves, is there a second?
Mr. Plummer: Second.
Mayor Ferre: Plummer seconds. Further discussion. Read the ordinance.
THEREUPON, AT THIS POINT the City Attorney reads the Ordinance in
its entirety into the Public Record.
Mayor Ferre: Hey, don't kill it!
Mr. Dawkins: As a favor to you?
Mayor Ferre: Hey, Howard, well what are we going to accomplish by that?
Mr. Gary: Same thing he accomplishes, nothing!
Mr. Dawkins: Well, I think we should defer this.
Mayor Ferre: We can't under the law.
Mr. Dawkins: Well, then...
Mr. Plummer: I will tell you what is better that you can do, if you want is
approve the budget, but don't approve the appropriations. That is well within
legal law, because I want to tell you, I am sitting here - that is what I was
waiting for, okay? I've got questions on the appropriations, and I am going
to defer that.
Mayor Ferre: All right, we are now voting on the millage, is that correct?
Is that what you just read?
Mr. Garcia -Pedrosa: Yes, sir. That is only the millage.
128
Id
SEP 291983
41 4
Mr. plur-un,2r: I have no F.roLlem with that!
Mr. Daw}:ins: Okay, are you finis'r,ed readinq that:
Mr. Plummer: Yes.
Mr. Garcia -Pedrosa: Yes, sir.
Mr. Dawkins: Why is it, Mr. Kenzie, and this is my oi.inion. If 1 am
in error, correct me. W7hy is it you start at the centerline of 14. W.
5th Street and stop at 3rd Avenue and ther; when you qct dowTitown there,
you gerrymand and cut in and leave out Overtowr', and go with Par}: West.
Mayor Ferre: That is the State Law.
Mr. Dawkins: No, no, no! Here we go now! See, here: we go!
Mr. Kenzie: That just...
Mr. Dawkins: You are going me just like my 'Momma do with the bible -
pick out the parts they want and leave the parts they don't want.
Mr. Kenzie: That, Commissioner, was set eighteen years ago. I was not
here at that time. I don't know why at that point in time they drew
the district as they did.
Mr. Dawkins: All right, now you see, when we want it to incorporate
Brickell Avenue, we didn't worry about what the State said. We got in
here....
Mayor Ferre: That's right!
Mr. Dawkins: .... we did what the hell we wanted to do and we included
Brickell Avenue!
Mayor Ferre: Right.
Mr. Dawkins: Now, why didn't you include Overtown?
Mr. Kenzie: We could include Overtown if you...
Mr. Dawkins: No, no, no! Why didn't you? Why didn't you?
Mr. Kenzie: At which point?
Mr. Dawkins: See? And Mr. Kenzie, no reflection on you, but this is
why I have trouble with you and the D.D.A.
Air. Kenzie: Commissioner, in the case of, particularly Overtown, when
I...the second year I was here, we entered into a planning venture which
was called Park West at that time. At that time we had extensive discus-
sions with the City of including the Overtown area within our Park West
work, and at that time the discussion ended. (This is with City Manager
Grassie) with the decision that Overtown would stand by itself and we
would do the planning for Park West. Later, they came together, but at
that time, it was the desire on the part of the City Administration to
keep it separate.
1ti9 SEP 29 1983
Mr. Daw!:ins: OL:ay, ever since I have been here Mr. Ken; i(, I have
saying, and I am going to say it from now until I ciet voted from up here,
we will not do anything in Park West unless we do it simutaneously n
Overtown. Now, you people can sit here and draw all tho fancy glans you
want for Park West, but I will sit right here and have you understand
that they must b<_s developed simutaneously.
Mr. Kenzie: Those two are joinfcl now to do exactly that.
Mr. Dawkins: But, you see, here we have here though - that is my point!
Those two are joined together, but hero you 'Nave included them - Park West,
in your Downtown Development!
Mr. Kenzie: But we are working closely, and together with the City in
doing the planning for both areas, under contract with the City to do it.
Mr. Dawkins: Okay, I am passing...
Mayor Ferre: As far as the millage now, is there further discussion on
the millage? Call the roll.
AN ORDINANCE ENTITLED
AN ORDINANCE DEFINING AND DESIGNATING
THE TERRITORIAL ! ii I C OF THE DOWNTOWN
DEVELOPMENT DISTRICT OF THE CITY OF
MIAMI LOCATED WITHIN THE TERRITORIAL
LIMITS OF THE CITY OF MIAMI FOR THE
PURPOSE OF TAXATION, FIXING THE MILLAGE
AND LEVYING TAXES IN THE DOWNTOWN
DEVELOPMENT DISTRICT LOCATED WITHIN
THE TERRITORIAL LIMITS OF THE CITY OF
MIAMI, FLORIDA, FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1983, AND ENDING
SEPTEMBER 30, 1984; FIXING THE MILLAGE AT
FOUR THOUSAND FOUR HUNDRED AND EIGHTY-SIX
TEN THOUSANDTHS (.4486) MILLS ON THE
DOLLAR OF THE NONEXEMPT ASSESSED VALUE
OF ALL REAL AND PERSONAL PROPERTY IN
SAID DISTRICT AND PROVIDING THAT THE
SAID MILLAGE AND THE TAXES LEVIED
HEREIN SHALL BE IN ADDITION TO THE FIXING
OF THE MILLAGE AND THE LEVYING OF TAXES
WITHIN THE TERRITORIAL LIMITS OF THE CITY
OF MIAMI, WHICH IS CONTAINED IN THE
GENERAL APPROPRIATION ORDINANCE FOR THE
AFORESAID FISCAL YEAR AS REQUIRED BY
SECTION 30 OF THE CITY CHARTER; PROVIDING
THAT THE'FIXING OF THE MILLAGE AND LEVYING
OF TAXES HEREIN SHALL BE IN ADDITION
TO SPECIAL ASSESSMENTS FOR IMPROVEMENTS
IMPOSED BY THE CITY COMMISSION OF THE CITY
OF MIAMI WITHIN THE TERRITORIAL LIMITS
OF THE CITY OF MIAMI: PROVIDED THAT THIS
ORDINANCE SHALL NOT BE DEEMED AS REPEALING
OR AMENDING ANY OTHER ORDINANCE FIXING
MILLAGE OR LEVYING TAXES FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1983 AND ENDING
SEPTEMBER 30, 1984 BUT SHALL BE DEEMED
SUPPLEMENTAL AND IN ADDITION HERETO; AND
PROVIDING THAT IF ANY SECTION, CLAUSE OR
SUBSECTION SHALL BE DECLARED UNCONSTITU-
TIONAL, IT SHALL NOT AFFECT THE REMAINING
PROVISIONS OF THIS ORDINANCE.
Passed on its first reading.by title at the meeting of September 12, 1983,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Perez, seconded by Commissioner Plummer,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
130 SEP 2 9 1983
ld
46
AYES: C'orur.issir ncr fi111Er ,7. Dawk.in
C�:nmis�ic�ner Demetrio Perez, Jr.
Commissioner Joe Carollo
:ice-Ma}or. J. L. Plummer, Jr.
Mavis, Maurice A. Fe rr@
NOES: None.
ABSENT: None.
SAID ORDINANCL WAS DESIGNI'TLD ORDINANCE NO. .� a
The City Attorney read the ordinar,._• i:i ,ts i_:,tc the record and
announced that copies were available to the members of the City Commission
and to the public.
101. A RLSOLUTION PROVIDING 1/12 APPROPRIATION FOR THE DOwNTCWN
DEVELOP; -:ENT AUTHORITY BASED ON FISCAL YEAR 183-184 BUDGET
FIGURES.
Mayor Ferre: All right, what is the next thing, Mano?
(INAUDIBLE BACKGROUND CORMIENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: Now, is there a problem with that, Plummer?
Mr. Dawkins: I have a problem with it, but I wanted ... okay, I have a problem
with the D.U.A.
Mayor Ferre: Is that the appropriation?
Mr. Plummer: Yes, I've got questions on that, Maurice. I had that open,
I mean, I am not playing games, all right?
Mr. Garcia -Pedrosa: You have got to do this one, Plummer.
Mayor Ferre: Do we, by law, have to pass the budget, or not?
Mr. Plummer: No!
Mr. Garcia -Pedrosa: Sure you do.
Mr. Plummer: No, we can give them a 30-day appropriation. We can give them
nothing.
Mr. Garcia -Pedrosa: Sure, but you have got to pass something.
Mayor Ferre: You have got to Give them a 30-dav aonronriatinn.
Mr. Plummer: Okay, we give them a 30-day. I move for one -twelfth (1/12th).
Mr. Gary: They are on last year's budget.
Mr. Plummer: You can't do that, because it is less money.
Mayor Ferre: No, no.
Mr. Plummer: All right, I move a one -twelfth appropriation, predicated on
last year's budget. I will move that in the form of a motion.
Mr. Dawkins: Second.
Mr. Plummer: Now, Mr. Kenzie, in...
Mayor Ferre: You are really going to throw a money wrench into that whole
1d
operation, J. L. 131 S E P 2 9 QUO
tA f
X1 . •ar . Tilaf, i_� rii:ht nc'.:.
t.!r. F].ummcr: Lno};,
Mr. KE,nzic': we haves_ "'IS` arl,iod Erlckr'I I r whi --h aids c' nu't:C`r onr'-thlyd to
our terrlt(tr';', which inctca-11, Uut cUF-tS.
Mayor Ferr The}' I a V _ 2 r! . T anCl y0'.1 art' C11l)lr. tr . .
Mr. Gary: Yes, but they are sI en,,1inca right now at tht_ ....2rrc'nt rate, the•...
don't have the new mone • right now - t.he,.,, are sI end.i!,c at that rate.
Mayor Ferre: Look, Howard, you ma,.- ha:e a differer:cr_ with Rcr: Ker:zie, and
I think that is fair, but there is a lot more involved in the Downtown
Development Authority than Roy Kenzie, ar.d the peepl- , you know - there is
a lot of interest in here, and I know that there is Sniitlheast Bank, and
the banks and the other downto%T, property owners - there is a lot involved
in this,. and I understand that you want to go over...FIUmmer wants to qo
over the budget. I would recommend that you make it one -twelfth of the
proposed budget that they have. If you dor:'t do that, I think you are
creating a serious problem.
Mr. Gary: Mr. Mayor, I qot chastized by this Commission by not reviewing
the budget of not giving the City Commission the budget in the same format.
I have told the D.D.A. on two or three years to put it in a format. They
have not done it. Secondly, in terms of their expenditure, they are now
expending it at that rate, and I would suggest that no services to the
D.D.A. will be reduced, because that is what they are spending at now - as
a matter of fact, they can get more services these days out of City business.
Mayor Ferre: Well, in the first place, the budgets that have been sent to
the Citv Commission do follow as I understand, the format of the City.
Mr. Gary: No, it does not.
Mayor Ferre: It does not.
Mr. Gary: It does not. It is in violation of the Charter.
Mayor Ferre: Mr. Kenzie, do you want to address that issue?
Mr. Kenzie: It is the same format that we have used in the last six years.
Mr. Dawkins: That is what Mr. Gary is telling you! For the last six years
it has been wrong. You see, you guys come up here and you hear what you want
to hear! They have been telling you for six years it is wrong.
Mr. Kenzie: The budget was submitted in July, and this is the first we have
heard of it since then. It was submitted to all the Commissioners in August.
This is the first time we have heard of any problems. I called each Com-
missioner to discuss the budget with them.
Mr. Plummer: Well, hey, look - you know...
Mr. Gary: That's not correct.
Mr. Plummer: Roy, look, you and my good friend Maurice, okay? Now, either...
Mayor Ferre: You know, I think it is real cute, but you are tampering with a
lot more than just Roy Kenzie. You want to do something about Roy Kenzie,
that is fine. Don't take it out on...
Mr. Plummer: I'm not taking it out on Roy Kenzie. If anything, I've made
peace with the man. I think that has been proven, okay? I have not any per-
sonal thing. The man and I have sat down and we have made peace, all right?
Now, I do have problems with the operation, and that is what this is for.
Mr. Mayor, the: only time this Commission retains any control over D.D.A. is
at budget. The rest of the year...
Mayor Ferre: Fine, and I am not arguing with you to pass it on a one -twelfth
basis. What I am arguing with you is whether it is one -twelfth of last year's
budget, because the difference is that he has hired people and that he has
exi-senses that are on-goinc
132 SEP 2 9 1983
ld
it
:!la T" M,F,tit>.. - .._-"v�'1 _.. I11: �� _ 3Y'
,layQI" I t-I, —,: }-lll�', I vC- 0'�` II': k'2"O� 1C2'it:.
Mr. i awk:lily . t' .i' p. R' t a1iC'acl ai,:? j:1 Z'E .1 ( t : fG2" ' y,,U
his YuU sec-, .,,C„1 rv_) riah-, 1 dC�, i:, l i 1'.lE: rla 4'I13� '':'[: r �lE: w31.; s to
C1 O .
:ir. Plummer: 14c), no. !;llltr, yC'U art_ talk:in,' alC`il' ,1':'f <jlff�'rC':]C�'.
Mr. Carollo: oh, Gc.A!
Mr. Dawkins: ,.'tatis aoin(; haCk to what Sliy, 1. L. 1,11tr 0::1%. time WE —
get any consideration, is during the budoet time. NOW, hc' w-:-.t aiil Hired
People without comincr tc sce ...
Mr. Kenzie: Conunissioner, I have hired ne adiitloi,al staff.
Mr. Dawkins: Then you don't need any additional mon r,.
Mayor Ferre: No, wf_ have to move some offices. There are a wholc- bunch
of...
Mr. Plummer: Get off dead -center! Either the votes are herd to defer it,
or they are not.
Mayor Ferre: J. L., I don't think there is any problem if you do it in one -
twelfth of the...
Mr. Flummer: I just said that, didn't I?
Mayor Ferre: All right, is there...
Mr. Dawkins: I withdraw my second.
Mayor Ferre: All right, there is a motion on the floor. Is there a second?
Mr. Plummer: My motion was one -twelfth of this year's appropriation - $20,000
difference, that is all.
Mr. Perez: The last budget, or this budget?
Mr. Plummer: This budget, the current budget.
Mayor Ferre: You mean the one that is being proposed for this current '83-'84?
Mr. Plummer: Yes!
Mayor Ferre: All right, you second that?
Mr. Perez: I second.
Mayor Ferre: Further discussion? All right, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-874
A RESOLUTION ALLOCATING $87,013 FROM GENERAL REVENUE FUNDS,
WHICH IS 1/12TH OF THE DOWNTOWN DEVELOPMENT AUTHORITY BUDGET
FOR FISCAL YEAR 1983-84, FOR MAINTENANCE AND FOR THE PURPOSE
OF FINANCING THE OPERATIONS AND OTHER LETAL AND PROPER PUR-
POSES OF THE DOWNTOWN LEVELOPMENT AUTHORITY OF THE CITY OF
MIAMI, FLORIDA, FOR THE PERIOD OCTOBER 1, 1983 THROUGH
OCTOBER 31, 1: .
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Id 133 SEP 2 9 1983
r
Ay Comm is=ion,:, Dt_!r:t_•trio 71
Vice -Mayor J. L. Flumm r, :r.
Mlayor iiauricC A. Fcrr(2
IJ E_ Comr:,issioner Miller J. LDawki,.
CcI'vinsioner ?-le Carollo
ABSENT: None
ON F:C'LL CALL,:
Mr . Carollo: "No", I think that we should eathc:r apr ! it all, or not
apl;rove it, but, %ou know, this just ai: i;.y out a little I: -it is wrona.
Mayor Ferre: I agree with your statement, taut you know, if wk. vote "rio"
on this thine, then what that does, it really brings tiiis whole del,artment
to a screeching halt, so I vote with the motion, and Rc;•, I would commend
you to make your peace with Howard Gary and the Administration and with
the members of this Commission before you come back again on this thing.
Mr. Plummer: Now, Mr. Mayor, let me understand with Mr. Kenzie - Xr.
Kenzie, I am available pretty much, okay? I can't leave now. I am in a
thing called a campaign. You oot two hours anytime you want it. It
doesn't preclude this Commission if there is an understanding, from giving
you your full al,proval on the 13th of October. Okay, I'm not saying that
we are going to hold right out until the end of the 30 days.
Mayor Ferre: All right, any further discussion?
Mr. Carollo: You guys really ought to get together and make up and maybe
we all can get fixed up in Panama for a weekend. He's got connections
there, I hear.
102. RESOL�_'TION PROVIDING 1112 FUNDING FOR FEDERAL REVENUE SHARING
FUND.
Mr. Gary: We have got to pass one -twelfth for F.R.S.
Mayor Ferre: What is that.
Mr. Garcia -Pedrosa: Before we do that Mr. Mayor...
Mr. Plummer: One -twelfth funding, I so move.
Mr. Garcia -Pedrosa: Before we do that, Mr. Vice -Mayor, your motion was
really a resolution.
Mr. Plummer: My motion for the D.D.A.?
Mr. Garcia -Pedrosa: Yes, okay, fine.
Mr. Plummer: My motion for F.R.S. is a resolution.
Mayor Ferre: Wait a minute - why would it be a resolution?
Mr. Gary: Just a formality - a resolution.
Mr. Plummer: That is all, it is not an ordinance.
Mr. Garcia -Pedrosa: No such thing as a motion.
Mayor Ferre: What does that do?
Mr. Garcia-Pedrosa:L'nder State law, Mr. Mayor. There are only two forms,
resolutions and ordinances. We just wanted to clarify what he called a
motion was a resolution, so we are in compliance with State law.
ld 134 SEP 29 19$,3
I w..,!,i.,, Wt. ar_ C.. ,..:i�• 'hl..�.
t.. l;iw.
"•;r. dY�la-F._,12"i1.ra.
.;7Y tlilr'.r 1,�'f' r: ... ......it.,
12'.
Iw.unuI*
I alr_. W,�I.t _ t' . 1
I r_._: -i ✓ ::
a r
fiat. rel'..rt.
from Off-stre• --t Part' I! a. I
Mr. Kenzie:
You shoul:i !,ave rF_::eived it, bc'causi we
S(..nt it to
('u. I will
it.
f't-'rre:
W:_'uld rou Want to d�' Fit a fav<:ri,-1
t
a1,. l,n'L'lems,
}c'1 send sornet.o<j_:
hcr% a;;,_i a_'_ a rt ,, it,t cver'•'.im', O:
I tlr . it,
,._t seine -
bud}' to siar,
it, oka%. ?
Mr. Kenzie:
I received a memorandum from tha_ Managcr
t}]e other
da} which
requested I
turn] thost-' reports into him so :i_' cal: i2:;::,rc,,2"att°
it
ir.t;. thy.
Cit.v..
Mayor Ferre: Fire, you do that, then yc?u take the Other col-} al,d yUU takt.` It
d awn to each Commissioner's Office and you •v`,oever ruceiv,_s it, you get a
sionature, SO that yOU Won't have any questions as to whether or not It ha`;
been received, all right? Now, we have got what else?
Mr. Plummer: I move a resolution authorizing one -twelfth of F.F.S. funding
for the coming year.
Mr. Gary: It is in your package; page 22 in the package.
Mayor Ferre: Okay, is there a second to this motion?
Mr. Perez: Second.
Mayor Ferre: Second by Perez, further discussion? Is this an ordinance?
Mr. Plummer: No, it is a resolution.
Mayor Ferre: It is a resolution, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-875
A RESOLUTION ALLOCATING $86,366 OF FY '83-84 FEDERAL REVENUE
SHARKING FUNDS APPROPRIATED BY PASSAGE OF ORDINANCE NO. 9684
TO PREVIOUSLY APPROVED SOCIAL SERVICE AGENCIES LISTED HEREIN
IN AN AMOUNT NOT TO EXCEED 1/12TH OF THE TOTAL ALLOCATION TO
EACH AGENCY FOR FY '82-83, FOR THE PERIOD FROM OCTOBER 1,
1983 THROUGH OCTOBER 31, 1983, AUTHORIZING THE CITY MANAGER
TO ENTER INTO AGREEMENTS WITH THE AFOREMENTIONED AGENCIES,
SUBJECT TO THE CITY ATTORNEY'S APPROVAL AS TO FORM AND
CORRECTNESS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissiul,er Jot, carc,liC
ABSENT: Nona
SEP 291983
ld
135
L]
2
------------------------------------------------------------------------------
N_OTE FOR THE RECORD: At this point, the Second Public Hearing on the Fiscal
183-184 Budget was concluded and the City Commission continued the Planning
and Zoning portion of the Agenda.
------------------------------------------------------------------------------
103. DISCUSSION ITEM; POSSIBLE ADDITION OF POLICE OFFICERS IN
THE NEXT FISCAL YEAR.
Mayor Ferre: All right, Mr. Carollo.
Mr. Carollo: Mr. Mayor, we approved in the new budget for the fiscal year
25 new positions for the Police Department to bring their strength up to
1,075 by the end of the next fiscal year. I want to make a motion now to
the following effect. What concerns me is that even though we approved 25
new positions, we might possibly end up in the next fiscal year with less
officers than we actually have today, if we do not include a motion that
would force the Administration to hire before the end of next fiscal year
and to approve the funds for any vacancies that we have during that time.
You have people that might be retiring; you have people that might have to
resign.
Mayor Ferre: Isn't that standard operating procedure?
Mr. Plummer: In effect, what we did, we did not speak to 25 new men.
We spoke to 25 positions, that is what we spoke to. There is a difference.
Mayor Ferre: That is right, it could be 100 more...
Mr. Plummer: The natural attrition, Joe, right now is running about 4 to
5 a munt-h, which is 50 to 60 a year.
Mr. Carollo: Approximately that.
Mr. Plummer: Those positions are still to be filled. What we spoke to in
the budget, even though I voted against it, was position, not individuals.
Mr. Carollo: I want to make sure that is clear to the Administration.
Mr. Gary: That has been the policy ever since I have been Manager.
Mr Carollo: Okay, Howard, so, in other words, we are sure that by the end
of next fiscal year, we will have 1,075 sworn officers in the ranks.
Mayor Ferre: That is correct.
104. SECOND READING ORDINANCE: AMEND SECTIONS 1 AND 6 OF ORDINANCE
NO. 9502, ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR
ENDING SEPTEMBER 30, 1983, INCREASING THE APPROPRIATIONS FOR THE
ENTERPRISE FUND IN THE AMOUNT OF $66,487 FOR THE ORANGE BOWL
Mayor Ferre: We are now on Item Number 80. Is there a problem with 80?
This is the Enterprise Fund in the amount of $66,487 for the Orange Bowl
Stadium. Plummer, do you want to move that?
Mr. Plummer: Yes.
Mayor Ferre: Plummer moves. Dawkins seconds, further discussion?
Mr. Plummer: And let the record reflect that this is money from the T.D.A.
Mayor Ferre: Call the roll. Read the ordinance.
136 SEP 2 9 1983
AN ORDINANCE AMENDING SECTIONS 1 and 6 OF
ORDINANCE NO. 9502, ADOPTED SEPTEMBER 23,
1982, THE ANNUAL APPROPRIATIONS ORDINANCE
FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
1983, AS AMENDED, BY INCREASING THE
APPROPRIATION FOR THE ENTERPRISE FUND IN
THE AMOUNT OF $66,487 FOR ORANGE BOWL
STADIUM, AND BY INCREASING ENTERPRISE
FUND REVENUE IN THE SAME AMOUNT FROM
ADDITIONAL REVENUES EARNED IN FISCAL YEAR
1982-83 FOR THE PURPOSE OF PURCHASING 75
TURNSTILES FOR INSTALLATION BEFORE THE
FIRST 1983 SEASON FOOTBALL GAME;
PROVIDING THAT THE CITY BE REIMBURSED
FROM THE DADE COUNTY RESORT TAX FOR THE
PURCHASE OF SAID TURNSTILES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
1'aased on its first readina b;: title at the meeting of July 18, 1983,
it way taker, uj� for its second and fir,al reading by title and adoption.
On motion of. Commissioner Plummer, seconded by Commissioner Dawkins,
the ordinance was thereupon giver, its second and final reading by
title and gassed and adopted by the following vote:
AYES: Commissioner
Commissioner
Commissioner
Vice -Mayor J.
Mavor Maurice
NOES: None.
ABSENT: None.
Miller J. Dawkins
Demetrio Perez, Jr.
Joe Carollo
L. Plummer, Jr.
A. Ferre
SAIL) ORDINANCE WAS DESIGNATED ORDINANCE NO. 9686.
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.
105. EMERGENCY ORDINANCE; ESTABLISH SCHEDULE OF RENTS, RATES AND
CHARGES FOR USE AND OCCUPANCY OF THE CONVENTION CENTER, CITY
OF MIA}4I, UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL
CENTER.
Mayor Ferre: All right, are we ready on Item Number 79, now, Mr. City Attorney?
I4r. Garcia -Pedrosa: Yes, sir.
!tayor Ferre: Plummer moves. Perez seconds, further discussion? Read the
ordinance.
AId OF.DINANCE ENTITLED:
AN EMIERGENCY ORDINANCE REPEALING IN ITS ENTIRETY SECTION
5 3-1(,1 01' ARTICLE V OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, WHICH CREATED A SCHEDULE OF FEES FOR
THE USE OF THE (MIA -MI) CONVENTION CENTER OF THE CITY OF
MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL
CENITILii SUBS` 1`I0TINU THEREFOR A NLIV; SCHEDULE OF RENTS, RATES
AN-; CHAR,,FS FOR THE USF AND OCCUPANCY OF AND THE SERVICES
}'i i IvISHia OR TO BE FURNISHED IN CONNECTION WITH THE MIAMI
CONVENTION' CENTER AND PARKIN:; GARAGE; CONTAINING A REPEALER
F`R'','ISIOIJ AND A SEl'ERABILITY CLAUSE.
137
SEP 2919Alft
04
(i 4
Was introduced by Commissioner Plummer, and seconded by
Commissioner Perez for adoption as an emergency measure and dispensing
with the requirement of reading same on two separate days, which
was agreed to by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Whereupon the Commission on motion of Commissioner Plummer, and
seconded by Commissioner Perez, adopted said Ordinance by the following
vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9687.
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission
and to the public.
106. FIRST READING ORDINANCE; AMEND CHAPTER 54, STREETS AND SIDEWALKS,
OF THE CODE OF THE CITY OF MIAMI, BY DELETING SECTION 54-39 IN
ITS ENTIRETY AND ADDING A NEW SECTION 54-39, PROVIDING FOR STREET
RESTORATION, PERMITS, ETC.
Mayor Ferre: All right, Carollo moves 81 on street restoration. Perez
seconds. Further discussion. All right, read the ordinance on 81.
AN ORDINANCE ENTITLED:
AN ORDINANCE AMENDING SECTION 54-39 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED CONCERNING COSTS FOR
STREET RESTORATION BY PROVIDING FOR TIME FOR COMPLETION
PROVIDING FOR CONSEQUENCES OF FAILURE TO COMPLETE STREET
RESTORATION, CONTAINING A REPEALER PROVISION AND A SEVERA-
BILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner
Perez and passed on its first reading by title by the following vote:
JL%Q
told btr 2 1�
11
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the members of the public.
107. PUBLIC HEARING - RATIFY, APPROVE AND CONFIRM BY 4/5 AFFIRMATIVE
VOTE THE ACTION OF THE CITY MANAGER IN AUTHORIZING AL HILL
PLUMBING, INC. TO PERFORM EMERGENCY REPAIRS AT THE MARINE
STADIUM.
Mayor Ferre: All right now, Mr. Manager, for the record, because I have had
the Unions call me on Item 82. This has to do with a plumbing job at the
Marine Stadium, okay? I just want to put it on the record that the head of
the A. F. of L., C.I.O., for this part of Florida, Mr. Ed Stevenson, and also
the head of the Plumbers Union, called me up to protest, saying that we had
not followed proper procedure because how we had bid this, and there were
only two contractors that bidded; they were both White, and that we didn't
put it out for bids again, but gave it to a Black contractor without putting
out for bids. I have discussed this with you. You say that there have been
no violations. You had better say it in your own words.
Mr. Gary: Mr. Mayor, there were no violations. The integrity of the bidding
system was always intact. There was an informal bidding process, not a formal
bidding process, for the mere fact that it was an emergency. Under no cir-
cumstances was the integrity of the system not intact.
Mayor Ferre: As you know, their accusation is that the bids were opened and
then it was awarded to a Black contractor for slightly under what the low bid
was and that was negotiated subsequent to the opening of the bids, and I just
want to make sure on the record, because they had told me that they would be
pursuing this with a lawsuit. I wanted to make sure that on the record we say
that the law has been followed. There has been no violations of any laws.
Mr. Gary: That is correct, Mr. Mayor.
Mayor Ferre: Okay, because that is the only way that I could vote on it.
We are now on Item 82. Does somebody want to move that.
Mr. Carollo: Moved.
Mayor Ferre: Moved by Commissioner Carollo. Is there a second.
Mr. Perez: Second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-876
A RESOLUTION RATIFYING, APPROVING, AND CONFIRMING, BY A
4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COM-
MISSION AFTER A DULY ADVERTISED PUBLIC HEARING, THE ACTION
OF THE CITY MANAGER IN AUTHORIZING AL HILL PLUMBING, INC.
TO PERFORM EMERGENCY REPAIR TO THE PLUMBING AT MARINE STADIUM
AT A COST OF $49,100 WITH FUNDS ALLOCATED THEREFOR FROM
"UTILITY SERVICE: STREET LIGHTING (GENERAL FUND)".
.SEP 2 9 t983
139
ld
(16
A
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
ON ROLL CALL:
Mayor Ferre: "Yes", and I would recommend that you call Eddie Stevenson,
because he was super angry on this and tell him that we haven't done any-
thing wrong and there are no violations of the law, and they are going to
ask you about this, so you had better get well documented. This is a hot
issue. Those plumbers are just fit to be tied!
108. ALLOCATE $11,000 FROM THE CONTINGENT FUND AS MATCHING MONIES FOR
A FEDERAL GRANT AWARDED TO DADE HERITAGE TRUST, TO COMPLETE
RESTORATION OF THE OFFICE OF DR. JAMES M. JACKSON, THE CITY'S
FIRST PHYSICIAN.
Mayor Ferre: All right, we are now on Item 85. This allocates $11,000 to
Dade Heritage Trust to complete the Dr. Jackson office. Plummer moves, Perez
second. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-877
A RESOLUTION ALLOCATING $11,000 FROM THE CONTINGENT FUND
AS MATCHING MONIES FOR A FEDERAL GRANT AWARDED TO DADE
HERITAGE TRUST, INC. TO COMPLETE RESTORATION OF THE OFFICE
OF DR. JAMES M. JACKSON, THE CITY'S FIRST PHYSICIAN; FURTHER
ALLOCATING AN ADDITIONAL $5,000 FROM THE CONTINGENT FUND TO
COMPLETE THE MEDICAL EXHIBITION AND LIBRARY INSTALLATION AT
SAID OFFICE WHICH IS TO BE OPEN TO THE PUBLIC AS A MEDICAL
MUSEUM AND HISTORIC PRESERVATION LIBRARY FACILITY.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
ld
140
SEP 2 9 1983
109. APPOINTMENT TO THE MIAMI SPORTS AND EXHIBITION AUTHORITY.
(N^TE: One al-.pointment is still 1-ending to bc: made by
Commissioner Carollo)
Mayor Ferre: Agenda Item 87. Carollo, do you have your man yet for the
Snorts Authority?
Mr. Carollo: Mr. Mayor, I prefer to hold this off, if I may.
Mayor Ferre: All right, Plummer moves, Perez second the appoint of Raul
Masividal of Chairman of the Miami Sports and Exhibition Authority and
appointina seven additional members to serve as members of the Miami
Sports and Exhibition Authority. There is one vacancy, which will be
apF.ointed at the next Commission meeting,. Further discussion? Call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-878
A RESOLUTION APPOINTING RAUL MASVIDAL AS CHAIRMAN OF THE
MIAMI SPORTS AND EXHIBITON AUTHORITY AND APPOINTING SEVEN
ADDITIONAL INDIVIDUALS TO SERVE AS MEMBERS OF THE MIAMI
SPORTS AND EXHIBITION AUTHORITY.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
110. AWARD BID, HADLEY PARK, MISCELLANEOUS IMPROVEMENT: P.M.N. CORP.
Mayor Ferre: Hadley Park. Dawkins, you want to move that?
Mr. Dawkins: What is it?
Mayor Ferre: $123,000 for renovation.
Mr. Dawkins: Yes.
Mr. Carollo: Second.
Mayor Ferre: There is a second. Further discussion? Call the roll on 88.
141
Id
SEP 2 91983
The followina r�2solutivn was introduced Ir Commissioner Dawkins, who
moved its ada:ti.un:
R%;SOLUTI(:)N NO,. £i3-8 r'+
A RESOLUTIC)N ACCEPTING THE: BID OF IN THE
i'R�)FOSEP AMOUNT OF $123,0,-n', TOTAL BID OF THE FFOFOSAL, FOR
HADLEY PARK - `•1ISCELLANEOUS I%11'ROi7EMENTS - TENNIS COURTS
(2ND BIL)D1N_,. , WITfi MONIES THEREFOR ALL,'ATE:D FF'O'.; THE
"CHARLIE HADLEY PAI-J, RENOVA7I0NS" ACCOUNT IN THE AMC, -;T OF
S123,062 TO COI,'ER THE CONTRACT COST; ALLCICATIt;'' FRO'•; SAIL`
Fi'ND THE AMOUNT Or ,4E TO COVER THE COST i_if' SUCK ITEMZ
AS ADVERTISINC,, TESTING LABORATORIES, AND POSTAGE..; AND
AUTHORIZING THE CITY MAMA'=ER TO EXECUTE A CONTRACT WITH SAID
FIRS;.
(Here follows body of resolution, omitted here and
on file in the Office of the Cit- Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: 1\ on.
111. DISCUSSION ITEI: - POSSIBLE LOCATION FOR THE BOXING HALL OF FAME.
Mayor Ferre: Agenda Item 89, I think was something that this Boxing Hall of
Fame - is this something that came out of the ... what is this all about?
Mr. Carollo: We have the location?
Mr. Odic: Yes, sir. We were instructed by you, Commissioner Carollo, to
bring it back today. The Boxing Commission has decided that the best site
that they would like to recommend to you is the Miami Jai Alai. They have a
nice office area there that we could use for that.
Mayor Ferre: Would they let us do it?
Mr. Odic: The Boxing Commission was going to contact today, or tomorrow,
the General Manager of the Jai Alai to see if they would allow it there.
Mr. Carollo: Would it be a permanent office?
Mr. Gary: Yes.
Mr. Odio: Yes, sir.
Mr. Carollo: Okay, well, can we defer this then until the next meeting,
until we get a reading with them.
Mr. Odic: Yes, sir. The other t)lii;g you asked about the Cuban Baseball
Hall Fame, in the same item, the place that we would like to recommend is
the Miami Baseball Stadium, since the old timers play there once a year,
that would be the idea place.
Mr. Carollo: If you would just bring this back at the next Commission
meeting, I think by then you should have a final location located.
142 1083
Id SEP 2 9
(6 6
Mr. 0.3io: Y�-s, sir.
Mayor Ferre: Oka%, aT,d Mr. Odlo, '_ou want thank Mir. Lacasa for findlncl us -
(Lacasa is the attorney for Miami Jai Alai).
112. BRIEF DISCUSSION ITE:•; - CITY RESPONSE T(7� EAST LITTLE HA 1ANA
TASK FORCE
Mayor Ferre: Agenda Item 96.
Mr. Rodriguez: Mr. Mayor, my name is Sergio Rodriguez, Planning Department.
You asked us July 28th to come back to you with a recommendation of five
possible projects that could be implemented immediately in East Little Havana.
You have a memo before you from Mr. Gary in which six possible projects are
identified. From those six, Number one and Number four are specifically
assigned to East Little Havana, which is the Residential Street Improvement
Program that you approved, I believe, in July 28th, the allocation of 1.8
million dollars for highway improvements, and $195,O00 for sanitary sewers.
Item four, we conducted a code enforcement sweep in the area on August 22nd
and the concentrated code enforcement for this area will depend on the
decision you made today on the budget. Items two, three and six - in relation
to Items two and six, the Multi -family Housing Revitalization Program and
the Business Retention Program are City-wide programs that we can concentrate
in this area, if you choose to do so when you take an action on this item on
October 13th. On item three and five, which are Multi -family Housing Paying
Program, and Facade treatment programs, our projects - some money has been
allocated to Little Havana. Do you have any questions?
Mayor Ferre: No. You need any action any motions, or anything?
Mr. Rodriguez: No, just a report.
Mayor Ferre: Thank you very much for your report.
NOTE FOR THE RECORD: AGENDA ITEM NUMBER 96 WAS NO SHOW.
NOTE FOR THE RECORD: AGENDA ITEM Nt':-.BER 99 WAS WITHDRAWN.
113. FORMALIZING RESOLUTION NAMING THE CORAL GATE PICNIC AREA AT
S.W. 16TH STREET AND 32ND AVENUE, THE "TOMAS CRUZ PICNIC AREA".
Mayor Ferre: Agenda Item 102 - Tomas Cruz Picnic area.
Mr. Carollo: So moved.
Mayor Ferre: Carollo moves.
Mr. Plummer: Second.
Mayor Ferre: Plummer seconds. Further discussion. Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-880
A RESOLUTION NAMING THE CORAL GATE PARK PICNIC AREA AT S.W.
16 STREET AND 32 AVENUE, THE "TOMAS CRUZ PICNIC AREA".
(Here follows body of resolution, omitted here and Q�Q (�'3
on 2
file in the Office of the City Clerk.) f
ld 143
i 0
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
Mr. Carollo: Mr. Manager, can you make sure that by the date that we are
going to inaugurate that picnic area, that a new sign would be made?
Mr. Gary: Oh, the new sign will be ready when we get ready to inaugurate it.
Mr. Carollo: Can we include some additional, new picnic tables, and whatever
else...?
Mr. Gary: No, sir, that was cut out of the budget, because we added twenty-five
cops.
Mr. Carollo: I will tell you what - why don't you use that credit card...?
Mr. Gary: I think they could handle it! (LAUGHTER) Oh, Commissioner
Carollo, the sign is up. The new sign is up.
Mr. Carollo: Thank you.
114. AUTHORIZE THE MANAGER TO ALLOCATE SUFFICIENT FUNDS EQUAL TO
112 FUNDING FOR ELIZABETH VIRRICK BOXING GYM PROGRAM.
Mr. Gary: I need an approval to extend Mrs. Elizabeth Virrick on a month to
month basis until we can work out a final agreement. We have got to bring it
back to them.
Mr. Plummer: So moved.
Mr. Carollo: Second.
Mr. Gary: We are talking about $4,583 a month.
Mr. Plummer: How much?
Mr. Gary: $4,583.
Mr. Plummer: That's no way! No way! Let me tell you something, okay?
Mr. Gary, I'm sorry!
Mr. Gary: No, no, no. I will not accept this one now. We agreed on, you
know, that it costs too much. This is based on the same allocation that you
gave her last year, to make a decision.
Mr. Plummer: All right, let me tell you - I'm going to do it for one month,
but if you are telling me you are giving that woman a total of $48,000 to
run a program... what?
Mr. Odio: $55,000. ,
Mr. Plummer: Hey, regardless! If the Police Department can have their box-
ing program...
144
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SEP 2 91983
\J
Mr. Gary: We agree with you!
for ten years.
We agree with you! We have been saying that
Mr. Plummer: Okay, we had better understand L_,a_-h other. I will approve this,
but buddy, we ain't goinq to pinch pennies one place and spend megabucks others
for the same kind of a program.
Mayor Ferre: Marie, why should we commence some of these as representatives,
and not others? Are those because they represent ...
Mr. Plummer: I move one -twelfth funding for Elizabeth Virrick Boxing Program.
Mr. Carollo: One -twelfth?
Mr. Plummer: One -twelfth funding.
Mr. Dawkins: ... (OFF MICROPHONE, INAUDIBLE)
Mr. Plummer: That is right, and that only applies...
Mr. Dawkins: ... (INAUDIBLE) ... not going to fund it unless we get it right and
then everytime Mrs. Virrick comes down here, you guys...(INAUDIBLE)
Mr. Gary: No, not you guys - not these guys.
Mayor Ferre: All right, there is a motion about one -twelfth, is that it?
Mr. Carollo: No, we meet on the 13th again. I think that would be enough
time to take it up again. What I would...
Mr. Plummer: I've been trying to take it up, but nobody wants to listen.
Mr. Carollo: This will give her enough for a budget for the next meeting.
This would make one -twenty-fourth until we meet again.
Mayor Ferre: No, don't do that! Joe, let's...
Mr. Carollo: We would meet in time to either go ahead with the full budget
or not.
Mayor Ferre: Yes, but I mean, don't...
Mr. Gary: What are you talking about?
Mr. Carollo: Maurice, this has to come to a head.
Mr. Plummer: Well, what?
Mr. Dawkins: The only problem I have with it is Mrs. Virrick is being
used. She is a pillar in the community and they know what she is and they
send her down here and she comes down here and...
Mayor Ferre: What is the motion?
Mr. Dawkins: Cancel the program! I move the program be cancelled.
Mr. Carollo: Well, I won't move the program be cancelled, because I think
Mrs. Virrick deserves a chance to be here and explain to us what is going
on, but I will move that we approve enough funds until we meet again...
Mayor Ferre: All right, the motion is that enough funds be approved to
carry it through to the 13th of October. Is that the motion?
Mr. Gary: We are giving us until November 1st. One -twelfth is from October
lst through the...
Mayor Ferre: But Joe doesn't want to do that, don't you understand? He wants
to only go to the 13th.
Mr. Gary: I will tell you what. You give me authority to go up to one -twelfth.
I'll only give them money to the 13th. No problem!
145
SEP 291983
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i
Mayor Ferre: All right, there is a motion and a second by Carollo. Further
discussion? Call the roll.
The following resolution was introduced by Commissioner Olummer, who
moved its adoption:
RESOLUTION NO. 83-881
A RESOLUTION ALLOCATING SUFFICIENT FUNDS FROM SPECIAL PROGRAMS
AND ACCOUNTS, QUALITY OF LIFE PROGRAM, TO COVER THE OPERATING
COSTS OF THE ELIZABETH VIRRICK BOXING GYM UNTIL THE NEXT MEET-
ING IN OCTOBER, 1983 OF THE CITY COMMISSION, UNDER THE SAME
TERMS AND CONDITIONS AS SET FORTH IN THE AGREEMENT DATED
JULY 1, 1981 BETWEEN THE CITY AND COCONUT GROVE CARES, INC.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
115. FORMAL RESOLUTION OFFICIALLY CHANGING THE DATE OF THE OCTOBER
13TH COMMISSION MEETING TO BE HELD ON OCTOBER 25, 1983.
Mr. Plummer: Mr. Mayor, I've got a problem with October 13th.
Mr. Plummer: I am normally appointed by this Commission as a voting delegate
to the Florida League of Conventions. I would need approval that I be desig-
nated as a voting delegate. I would need approval of the expenses, Mr. Mayor,
there is a possibility I can bring that convention back here in either '86
or '87. It is normal that we put on a small reception. That is up to this
Commission whether they want to try to bring that convention back.
Mayor Ferre: Well, Plummer, what do you want?
Mr. Plummer: Well, first of all, can we move the date of the 13th? Second
of all, naming me the delegate, and third, authorizing the expenses for...
Mayor Ferre: You want to move the 13th. Can we move it to the 12th?
Mr. Plummer: What day of the week is the 12th?
Mayor Ferre: Wednesday.
Mr. Plummer: I can move to the llth, Mr. Mayor.
Mayor Ferre: We have the dedication of Tomas Cruz Park. I don't mind going
to the llth.
Mr. Plummer: Mr. Gary?
UP 2 91900
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0
Mr. Carollo: I can't on the llth, Mr. Mayor. I could on the 14th, though.
Mayor Ferre: The 14th is a Friday.
Mr. Plummer. Well, okay, let's do it. No, I can't.
Mayor Ferre: I can't do it on the 14th.
Mr. Plummer: And Demetrio has a problem the third week.
Mayor Ferre: Well, when is it you are going?
Mr. Plummer: Mr. Mayor, I would be leaving here on the 12th and coming back
on the weekend.
Mr. Gary: Can we do it the week of the 17th?
Mr. Plummer: No, Demetrio is out of town.
Mr. Gary: How about the 24th? '
Mr. Dawkins: And then another one on the 27th?
Mr. Plummer: That is fine with me. Joe, the 24th?
Mayor Ferre: That is a Monday?
Mr. Plummer: Yes, we would have two meetings in the same week. That's fine.
Mayor Ferre: Demetrio, you always told me Monday is a bad day for you, and
it is a bad day for me.
Mr. Plummer: Yes, but Maurice, during the campaign, I am not even going to
work.
Mayor Ferre: Well, what happens to all those bodies?
Mr. Plummer: God help my brother! The same happens to him when he runs
for Senate and I am the only one there.
Mayor Ferre: Well, let's see, I can't do it on Monday.
Mr. Plummer: Well, how about the 25th?
Mayor Ferre: Yes.
Mr. Plummer: The 25th? 25th, Joe?
Mr. Carollo: The 25th.
Mr. Plummer: Miller? Mr. Mayor, I make a motion that the Commission date
of the 13th be changed to the 25th.
Mayor Ferre: Well, that means that you have got to then fund Elizabeth
Virrick to the 25th.
Mr. Plummer: Well, he gave up to the one -twelfth.
Mayor Ferre: It is alright with me.
Mr. Gary: I will give it to her up until the next meeting, Commissioner
Carollo.
Mayor Ferre: That is fine with me.
Mr. Plummer: I make a motion the meeting be moved to the 25th.
Mayor Ferre: There is a motion by Plummer that the meeting scheduled for
the 13th of October be moved to the 25th of October. Is that all right
now? Any advertising or other - you all right with the 25th?
1117
SEP 2 91983
ld
Mayor Ferre: Call the roll on the change of dates.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-882
A RESOLUTION RESCHEDULING THE REGULAR CITY COM1MISSION
MEETING OF OCTOBER 13, 1983 TO TAKE PLACE ON OCTOBER
25, 1983, AT 9:00 A.M.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
116. MOTION APPOINTING COMMISSIONER J. L. PLUMMER, JR. AS A VOTING
DELEGATE TO THE FLORIDA LEAGUE OF CITIES AND MAKING PROVISIONS
FOR REIMBURSEMENT OF EXPENDITURES.
Mr. Plummer: All right now, will somebody make a motion to appoint me as the
voting delegate and authorizing the expenses for a reception for the...
Mayor Ferre: Oh, no! Oh, no!
Mr. Plummer: Fine, you are doing me a favor!
Mayor Ferre: No way!
Mr. Plummer: I nominate Maurice Ferre as a voting delegate!
Mayor Ferre: I make a motion that Roy Kenzie be designated. (LAUGHTER)
All right, Perez moves Plummer. Dawkins seconds that Plummer be the voting
delegate for the City of Miami, with expenses...
Mr. Plummer: What do you think I negotiated that $100,000?
Mr. Carollo: Up to $4,999, otherwise he has to make a report.
Mayor Ferre: With expenses as approved by the Manager. Further discussion?
Mr. Plummer: Oh, no. No way!
Mr. Gary: I move.
Mr. Plummer: Is that expenses on a credit card? I'll take that! (LAUGHTER)
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Perez, who moved
its adoption.
MOTION NO. 83-883
A MOTION APPOINTING VICE MAYOR J. L. PLUMMER, JR. AS THE
VOTING DELEGATE TO THE FLORIDA LEAGUE OF CITIES REPRESENTING
THE CITY OF MIAMI AND AUTHORIZING THE CITY MANAGER TO REIM-
BURSE FOR EXPENSES INCURRED INN CONNECTION THEREWITH. SEP 29 1983
148
Id
Upon being secondly by Commissioner Dawkins, the moon was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
117. E11ERGENCY ORDINANCE: AMEND SECTIONS 1, 2, 4 AND 6 OF ORDINANCE
NO. 9502 ADOPTED SEPTEMBER 23, 1982, THE ANNUAL APPROPRIATIONS
ORDINANCE TO COMPLY WITH PUBLIC LAW 92-512.
Mr. Gary: Mr. Mayor, Item Number 101, please. It is very important to our
bond rating and our financial statement.
Mr. Plummer: I move 101.
Mayor Ferre: So tell me what it is, so I understand it.
Mr. Plummer: It is an accounting.
Mr. Gary: It is an accounting process that we have to follow in terms of
booking depreciation so we can keep our financial statements in order.
Mayor Ferre: Is this a resolution?
Mr. Gary: Emergency Ordinance.
Mayor Ferre: Why is it an Emergency Ordinance?
Mr. Gary: It is an Emergency because it has got to be in the fiscal year
so it will be included in our books. Our books will be corrected.
Mayor Ferre: Let me see it. I want to see the ordinance. Give me a copy
of that. Is this the stuff, Howard, that came out of the recommendations
from Coopers -Lybrand?
Mr. Gary: Coopers -Lybrand - this problem has been with us since Peat -Marwick -
Mitchell came in a long time ago.
Mayor Ferre: Is this the one that establishes a fund in lieu of a depreciation
fund, is that correct?
Mr. Gary: Exactly.
Mayor Ferre: Okay, Plummer moves. Dawkins seconds, further discussion.
Read the ordinance.
THEREUPON, the City Attorney reads Ordinance into the record.
Mayor Ferre: Mr. Manager, just so I understand it, how much are we actually
establishing as this fund?
Mr. Gary: $1,642,000 in the Enterprise Fund and $2,233,000 in the Internal
Revenue Service Fund. What this basically does, it just books your deprecia-
tion so that you will be doing proper accounting.
Mayor Ferre: So, it is about $3,800,000.
Mr. Gary: Right.
Mayor Ferre: And what is this $9,267,058?
Mr. Gary: That is just putting the Federal Revenue Sharing in a special
revenue fund. It is just in terms of accounting techniques as to whether you
have it in General Fund, or Special Revenue Fund. The external audit says
you should have it in this fund. No new money.
149 SEP 2 9 1983
Id
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Mayor Ferre: Okay, I i ready to vote, call the roll.
AN ORDINANCE ENTITLED:
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1, 2, 4
AND 6 of ORDINANCE NO. 9502 ADOPTED SEPTEMBER 23,
1982, THE ANNUAL APPROPRIATIONS ORDINANCE FOR
FISCAL YEAR ENDING SEPTEMBER 30, 1983, AS AMENDED
BY INCREASING THE FOLLOWING APPROPRIATIONS IN THE
AMOUNTS INDICATED: ENTERPRISE FUND, $1,642,000;
INTERNAL SERVICE FUND, $2,233,000; AND BY
INCREASING REVENUES IN THE SAME AMOUNTS FROM THE
RETAINED EARNINGS OF EACH ACCOUNT: TO COVER
DEPRECIATION CHARGES FOR FISCAL YEAR 1983, ALSO
ESTABLISHING A SPECIAL REVENUE FUND ENTITLED:
FEDERAL REVENUE SHARING FOR FISCAL YEAR 1983 IN
THE AMOUNT OF $9,267,058, REVENUES IN A LIKE
AMOUNT ARE AVAILABLE FROM THE OFFICE OF REVENUE
SHARING TO COMPLY WITH PUBLIC LAW 92-512;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer, and seconded by
Commissioner Dawkins for adoption as an emergency measure and dispensing
with the requirement of reading same on two separate days, which
was agreed to by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
Whereupon the Commission on motion of Commissioner Plummer, and
seconded by Commissioner Dawkins, adopted said Ordinance by the following
vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9688.
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission
and to the public.
ADJOURNMENT
There being no further business to come before the City Commission,
on motion duly made and seconded, the meeting was adjourned at 6:20 P.M.
ATTEST: RALPH G. ONGIE
City Clerk
MATTY HIRAI
Assistant City Clerk
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150
MAURICE A. FERRE
Mayor
lorry OF nrf; ALM[
ft
DOCUMENT
MEETING DATE:
SEPTEMBER 29, 1983
ti DEX
DOCUMENT IDENTIFICATION
AMENDING SECTIONS 1 AND 2 OF RESOLUTION NO. 83-633,
ADOPTED JULY 18/83 WHICH ALLOCATED C0101UNITY DEVELOPMENT
JOBS PROGRAM FUNDS TO THE BISCAYNTE/WYNWOOD CHAMBER OF
COMMERCE BY PROVIDING THAT THE ORIGINAL ALLOCATION OF
$275,000 TY BISCAYNE W`YNWOOD CIIt1MBER OF CO?LkTERCE BE
REDUCED BY $115,000 TO $160.000.
GRANTING A ONE YEAR EXTENSION OF A VARIANCE AS LISTED
IN ORDINANCE NO. 6871, ARTICLE VI, SECTIONS 3 (1)(A) AND
3(2)(A) - ALLAMANDA GARDENS
GRANTING ONE YEAR EXTENSION OF A CONDITIONAL USE AS
LISTED IN ORDINANCE NO. 6871 ALSO DESCRIBED AS 31-65-75
ALLAMANDA STREET.
AFFIRMING THE ZONING BOARD'S DECISION IN GRANTING
CONDITIONAL USE FOR THE PARKING OF PRIVATE PASSENGER
VEHICLES LOCATED AT 3215 S.W. 8TI1 STREET.
GRANTING ONE YEAR EXTENSION OF A CONDITIONAL USE AS
- PER PLANS ON FILE AS A PART OF THE MIAMI JEVIISH HOME
AND HOSPITAL FOR THE AGED.
GRANTING ONE YEAR EXTENSION OF A VARIANCE LISTED IN
ORDINANCE NO.6871 ARTICLE XXIII TO PERMIT CONSTRUCTION
OF A PROPOSED FIVE STORY BUILDING (CIIERNING BUILDING)
IN 151 N.E. 52ND STREET.
GRANTING ONE YEAR EXTENSION OF A CONDITIONAL USE TO PERMIT
CONSTRUCTION OF AN 80 SPACE PARKING 1,01' AT 71-125 N.E.
51 STREET. DOUGLAS CARDEN.
ISSUING A MAJOR USE SPECIAL PERMIT FOR THE LINCOLN/NASHER
PROJECT PROPOSED BY LINCOLN PROPERTY COMPANY AND
RAYMOND D. NASHER COMPANY, A JOINT VENTURE-623 BRICKELL
AVENUE.
A RESOLUTION CONCERNING LINCOLN/NASHER PROJECT LOCATED
AT 723-799 BRICKELL AVENUE, MIAMI,FLORIDA.
MAKING FINDINGS AND RESCINDING CITY COMMISSION RESOLUTION
75-922 AS IT APPLIES TO THE DESIGNATION OF REAL PROPERTY
LOCATED AT APPROXI14ATELY 623-799 BRICKELL AVENUE. MIAMI.FL.
ACCEPTING A DONATION FROM GALLERIA NOVITA OF A BRONZE
SCULPTURE ENTITLED "BIRD IN FLIGHT" -ALLOCATING $3,000,
CLOSING, VACATING AND DISCONTINUING THE PUBLIC USE OF
S.W. 37TH COURT-"DOUGLAS ROAD STATION".
DISCONTINUING THE PUBLIC USE OF EAST OF THE CENTER LINE
OF N.W. 19TH AVENUE - "EARLINGTON HEIGHTS STATION".
AND
R-8 3- 84 3
R-83-846
R-83-84 7
R-8 3- 848
R-83-852
R-83-853
R-83-854
R-83-855
R-83-856
R-83-857
R-83-861
R-83-862
R-83-863
/"�
DOCUMENTsINDEX-
CONTINUED PA GE #=
DOCUMENT IDENTIFICATION
DISCOUNTINUING PUBLIC USE OF S.W. 28 LANE S.W. 29 AVENUE
A CONDITION OF APPROVAL OF TENTATIVE PLAT #1193 "COCONUT
GROVE STATION'.
DISCONTINUING THE PUBLIC USE OF S.E. 1 STREET AND
S.W. 1 COURT.TENTATIVE PLAT NO. 1180-A D.C.M. :MAINTENANCE
FACILITY.
CLOSING, VACATING AND DISCONTINUING THE PUBLIC USE OF
N.W. 1ST AVENUE. TENTATIVE PLAT 1#1201 "DOWNTOWN
GOVERNMENT CENTER FIRST ADDITION".
APPOINTNG VICTOR HENRY DE YURRE AS AN ALTERNATE MEMBER
OF THE CITY ZONING BOARD.
APPOINTING PAUL GEORGE, LOI.A BOHN AND NORAH K.
SCHAEFFER TO THE CITY OF MIAMI HERITAGE CONSERVATION
BOARD.
ACCEPTING THE PLAT ENTITLED "SECOND ADDITION TO MEDICAL
CENTER A SUBDIVISION IN THE CITY OF MIAMI.
ACCEPTING THE PLAT ENTITLED S.L.K. PROPERTIES.
ALLOCATING $87,013.00 FROM GENERAL REVENUE FUNDS FOR
MAINTENANCE AND FINANCING OPERATIONS OF THE DOWNTOWN
DEVELOPMENT AUTHORITY.
ALLOCATING $86,366.00 "FEDERAL REVENUE SHARING FUNDS"
FOR SOCIAL SERVICES AGENCIES.
AUTHORIZING ALL HILL PLUMBING, INC. TO PERFORM EMERGENCY
REPAIR TO THE PLUMBING AT MARINE STADIUM.
ALLOCATING $11,000.00 TO COMPLETE RESTORATION OF THE OFFICE
OF DR. JAMES M. JACKSON, THE CITY'S FIRST PHYSICIAN.
APPOINTING RAUL MASVIDAL AS CHAIRMAN OF THE MIAMI SPORTS
AND EXHIBITION AUTHORITY AND APPOINTING SEVEN ADDITIONAL
INDIVIDUALS.
ACCEPTING THE BID OF "P.N.M. CORPORATION INC."
FOR HADLEY PARK.
NAMING THE CORAL GATE PARK PICNIC AREA AT S.W. 16TIl
STREET AND 32ND AVENUE THE "THOMAS CRUZ PICNIC AREA".
ALLOCATING FUNDS FROM SPECIAL PROGRAMS TO COVER TILE
OPERATING COST OF THE ELIZABETH VIRRICK BOXING GYM.
RESCHEDULING REGULAR MEETING OF OCTOBER 13, 1983
TO TAKE PLACE ON OCTOBER 25, 1983, AT 9:00 A.M.
R-83-864
R-83-866
R-83-867
R-83-869
R-83-871
R-83-872
R-83-873
R-83-874
R-83-875
R-83-876
R-83-877
R-83-879
R-83-881
R-83-882