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HomeMy WebLinkAboutCC 1983-03-24 MinutesCITY OF MIAMI OF MEETING HELD ON March 24, 1983 REGULAR — PLANNING & ZONING PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G.. ONGIE CITY CLERK 0 � �I � ♦ 1 1 � �j YI ' 1 TO NO, Q SOLLITCE PAM K REGULAR - P & Z S�� MARCH 24, 1983 sotllTlON , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 MISCELLANEOUS DISCUSSION ITEMS BY MAYOR FERRE FOR POSSIBLE CONSIDERATION OF THE LEGISLATURE. PERSONAL APPEARANCE OF THE CHAIRMAN OF THE HAITIAN CARNIVAL; REQUEST REFERRED TO -CITY MANAGER. INSTRUCT APPROPRIATE CITY OFFICIALS TO INCLUDE EL MUNDO NEWSPAPER IN REGULAR CITY OF MIAMI ADVERTISING. BRIEF DISCUSSION ITEM: COCONUT GROVE L.D.C.- MATTER TO BE DISCUSSED AT THE APRIL 6TH MEETING. I REQUEST FROM CHILDREN'S DANCE THEATRE OF GHANA, WEST AFRICA, FOR CITY SPONSORSHIP OF A SERIES OF PERFORMANCES REFERRED TO THE CITY MANAGER. DISCUSSION ITEM: YUJNG NT;;ARAGUAN REFUGEE DEPORTATION BY I.N.S.-URGING AMENDMENT OF BILL REGARDING PERSONS FLEEING COMMUNIST OPPRESSION. DECLARE THE FIRST WEEK IN APRIL AS NATIONAL P.O.W./ M.I.A. WEEK IN MIAMI HONORING THOSE PRISONERS OF WAR MISSING IN ACTION. PROPOSED DODGE ISLAND BRIDGE AND AGREEMENT WITH METRO FOR CONFISCATION OF CITY -OWNED LANDS, REIMBURSEMENT FOR LANDS CONFISCATED, ETC. APPROACH THE CITIES OF MIAMI BEACH AND METROPOLITAN DADE COUNTY WITH THE CITY OF MIAMI TO APPROACH TOURISM ON A UNIFIED BASIS; SEEK INTER -GOVERNMENTAL AGREEMENT. REQUEST FUNDS PROPOSED TO BE RAISED BY THE GOVERNOR DURING THIS LEGISLATIVE SESSION SHOULD INCLUDE STATE FUNDS FOR EMPLOYMENT, JOB TRAINING, ETC. DECLARE A CEREMONY TO BE HELD IN COMMISSION CHAMBERS 12:00 NOON, FRIDAY, MARCH 25TH re: DR. ORLANDO BOSCH. DISCUSSION ITEM: POSSIBLE CONSTRUCTION OF FACILITY FOR SENIOR CENTERS OF DADE COUNTY AND MORNINGSIDE PARK REFER TO CITY MANAGER. -NON AGENDA REQUEST OF REV. ROLLE FOR USE OF THE ORANGE BOWL STADIUM TO BE DISCUSSED AT THE NEXT CITY COMMISSION MEETING. APPEAL BY SUNSET VILLAS TO VARIANCES GRANTED FOR CONSTRUCTION OF JACAROL CLUB. (See later, same meeting). FIRST READING OR'INANCE: CHANGE ZONING CLASSIFICATION 2629-2645 SOUTH BAYSHORE DRIVE R-4 TO R-C. DISCUSSION DISCUSSION 1-2 2-4 M-83-260 5-6 DISCUSSION 6-9 DISCUSSION 9-11 R-83-261 R-83-262 R-83-263 R-83-264 R-83-265 M-83-266 1 13-14 1 15-18' 1 19-22 22-23 24-25 DISCUSSION 25-27 DISCUSSION 21 DISCUSSION 27-35 FIRST READING 36-48 • 1 � 2 wl m NO, I REGULAR - P & Z SUCT MARCH 24, 1983 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 t BRIEF DISCUSSION ITEM: PROPOSED CABLE T.V. LEGISLATION. BRIEF DISCUSSION ITEM: PROPOSED ZONING NOTICE REQUIREMENTS AS ENACTED BY BROWARD COUNTY. BRIEF DISCUSSION ITEM: PROPOSED EXTENSION OF THE AUTHORITY OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL. BRIEF DISCUSSION ITEM: CONSTRUCTION OF THE DOWNTOWN PEOPLE MOVER AS IT AFFECTS THE MERCHANTS DOING BUSINESS IN THE DOWNTOWN AREA. DISCUSSION ITEM: STRESS MACHINE FOR THE MIAMI POLICE DEPARTMENT. PLAQUES, PROCLAMATIONS, AND SPECIAL ITEMS. AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $147,000.00 TO PAY CITY EMPLOYEES FOR OVERTIME IN CONNECTION WITH MIAMI GRAND PRIX RACE SUBJECT TO REIMBURSEMENT. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 1501 N.W. 29TH STREET FROM C-1 TO C-4. i FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 1501 N.W. 29th STREET FROM RG-2/4 TO CG-1/7. DISCUSSION -NO OFFICIAL ACTION TAKEN ON A REQUEST FOR A ONE-YEAR EXTENSION OF CONDITIONAL USE FOR A SEVEN STORY BUILDING LOCATED AT 703 N.E. 63RD STREET. FIRST READING ORDINANCE: EXPAND AREA OF D.D.A. TO INCLUDE THE BRICKELL AVENUE AREA, ETC. GRANT ONE YEAR EXTENSION OF VARIANCE TO PERMIT ADDITIONS TO EXISTING TWO STORY BUILDING 3033-35 GRAND AVENUE, ALSO KNOWN AS THE "I" CHING BUILDING. GRANT EXTENSION OF VARIANCE TO PERMIT CONSTRUCTION OF OFFICE BUILDING LOCATED 2922-44 S.W. 27 AVENUE. GRANT CONDITIONAL USE PERMIT P.U.N. PLANNED UNIT NATURE DEVELOPMENT AT APPROXIMATELY 2741 S.W. 22 AVENUE. APPROVE CODESIGNATION OF N.W. 35TH COURT FROM N.W. 7TH TO N.W. 11 STREETS AND N.W. 35TH COURT TO AVENIDA LUZ Y CABALLERO. BRIEF DISCUSSION ITEM: FAVORING STAND TAKEN BY CITY ATTORNEY AND CITY MANAGER IN REGARD TO RENT OWED TO THE CITY BY THE MIAMI DOLPHINS. MOTION TO DENY A REQUEST FOR ZONING CLASSIFICATION 2169-2177 S.W. 12 STREET FROM R-1 TO R-2. PAGE # 2 �OUlTioNtnu o PAGE NO. SIO DISCUSSION I DISCUSSION DISCUSSION DISCUSSION DISCUSSION DISCUSSION M-83-267 FIRST READING FIRST READING DISCUSSION FIRST READING R-83-268 R-83-269 R-83-270 R-83-271 DISCUSSION M-83-272 48-50 50-51 1 51 51-52 52-54 54 1 54-56 1 56-59 , 1 60-62 62-63 63-70 70-72 72-73 1 74- 75 1 75-78 78- 79 79-82 i Iml NO# REGULAR - P & Z SMCT MARCH 24, 1983 PAGE # 3 RESOWTI ON o, IPAGE NC 33 FIRST READING ORDINANCE: ADD HC-2 RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT TO LIST OF ZONING DISTRICTS FOLLOWING HC-1. FIRST READING 82-83 34 FIRST READING ORDINANCE: ADD HC-2 RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE NEW ZONING ORDINANCE NO. 9500. FIRST READING 83-84 35 APPLY PROPOSED HC-2 RESIDENTIAL OFFICE CONSERVATION OVERLAY DISTRICT TO PROPERTY LOCATED AT 3041 OAK AVENUE (DR. EMERSON W. AYARS HOUSE). FIRST READING 84-86 36 APPLY ADD PROPOSED HC-2 RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT TO PROPERTY LOCATED AT 3041 OAK AVENUE (DR. EMERSON W. AYARS HOUSE). FIRST READING 86-87 37 FIRST READING ORDINANCE: ADD PROPOSED HC-1 GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO NEW OFFICIAL ZONING ATLAS CONCERNING PROPERTY LOCATED 3033-35 GRAND AVENUE, THE VARIETY SHOP/THE GREAT A & P TEA CO., ALSO KNOWN AS THE"I"CHING BUILDING. FIRST READING 87-88 38 FIRST READING ORDINANCE: ADD NEW SEC. 1612 (HC-3 RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT) TO THE NEW ZONING ORD. 9500. FIRST READING 88-89 39 FIRST READING ORDINANCE: ADD PROPOSED HC-3:RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT TO NEW OFFICIAL ZONING ATLAS OF ZONING ORDINANCE 9500 TO PROPERTY AT 111 S.W. 5 AVENUE "J.W. WARNER HOUSE." FIRST READING 89-90 40 DISCUSSION: APPEAL BY SUNSET VILLAS ON VARIANCES GRANTED TO JACAROL BAY CLUB. (See later, same meeting). DISCUSSION 90-92 41 BRIEF DISCUSSION AND TEMPORARY DEFERRAL: APPEAL BY APPLICANT OF VARIANCE DENIED OF AN EXISTING FLORIDA ROOM ADDITION TO DUPLEX AT 441-441-1/2 S.W. 35 AVENUE.(See later, same meeting). DISCUSSION 93-94 42 SECOND READING ORDINANCE: APPLY PROPOSED HC-1 'GENERAL USE GENERAL CONSERVATION OVERLAY DISTRICT TO PROPERTY LOCATED 118-170 N.E. 2 STREET, GESU CHURCH, RECTORY, AND SCHOOL. ORD. 9580 94 43 SECOND READING ORDINANCE: ADD PROPOSED HC-1 GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO NEW OFFICIAL ZONING ATLAS CONCERNING PROPERTY LOCATED 118-170 N.E. 2 STREET, GESU CHURCH, RECTORY AND SCHOOL. ORD. 9581 95 44 SECOND READING ORDINANCE: AMEND NEW ZONING ORDINANCE NO. 9500 BY REVISING ARTICLE 15 TO PERMIT TWO RETORTS AS ACCESSORY USES TO A MORTUARY OF . FUNERAL HOME. ORD. 9582 96-97 45 DISCUSSION AND DEFERRAL OF CONSIDERATION FOR DENIAL OF VARIANCE FOR EXISTING FLORIDA ROOM ADDITION TO DUPLEX LOCATED 441-441-1/2 S.W. 35 AVENUE DISCUSSION 97-98 46 DEFER CONSIDERATION OF APPEAL BY SUNSET VILLAS CONDOMINIUM ASSOCIATION PHASE III -A INC. OF VARIANCES GRANTED TO PERMIT CONSTRUCTION OF AN APARTMENT PROJECT KNOWN AS JACAROL BAY CLUB. M-83-273 99-103 To NO, REGULAR - P & Z SWCT MARCH 24, 1983 47 48 49 50 51 52 53 54 55 56 57 A MOTION TO EXTEND THE EFFECTIVE DATE OF ORDINANCE NO. 9500 PASSED AND ADOPTED SEPTEMBER 23, 1982 TO NOW BECOME EFFECTIVE 30 DAYS FROM MAY 15, 1983. FURTHER DISCUSSION: VARIANCES'GRANTED TO JACAROL BAY CLUB AGAIN; MATTER TO BE HEARD AS FIRST ITEM ON APRIL 28TH AGENDA. APPROVE PLAN FOR GRAND AVENUE AS GENERAL POLICY GUIDELINES FOR CITY DEPARTMENT AGENCIES AND BOARD FOR PHYSICAL IMPROVEMENT OF GRAND AVENUE TO BROOKER STREETS. APPROVE IMMEDIATE ACTION PROGRAM OF PLAN FOR GRAND AVENUE TO SEEK REDEVELOPMENT OF TIKI CLUB PROPERTY. SECOND READING ORDINANCE: AMEND CHAPTER 54, STREET AND SIDEWALKS OF THE CODE OF THE CITY OF MIAMI BY ADDING SECTIONS 90 TO 99 NEW ARTICLE V BASE BUILDING LINES. SECOND READING ORDINANCE: AMEND THE CODE OF THE CITY OF MIAMI, ADD A NEW CHAPTER TO THE CODE, ENTITLED CHAPTER 63, SUBDIVISION REGULATIONS, 1ENTATIVE AND FINAL PLATS, ETC. DISCUSSION AND CONTINUANCE OF PROPOSED ORDINANCE TO AMEND THE CITY CODE BY ADDING A NEW SUBSECTION 8 TO SECTION 2-135 "SAME DUTIES" - ADMINISTRATIVE REVIEW OF OFF-STREET PARKING LOTS, GARAGES, AND RELATED LANDSCAPING, ETC. SECOND READING ORDINANCE AMEND CHAPTER 4, ALCOHOLIC BEVERAGES OF THE CODE OF THE CITY OF MIAMI BY ADDING A DEFINITION OF COMBINATION RESIDENTIAL AND COMMERCIAL DISTRICTS AND SEPARATION BETWEEN LICENSEES,ETC. FIRST READING ORDINANCE: AMEND ORD, 671, ART, II= ART. IV, ART. V, TO ALLOW CARPORTS AT PERMITTED USES IN R-1, R-lA, R-lB, AND R-2 DISTRICTS. FIRST READING ORDINANCE: AMEND NEW ZONING ORDINANCE NO. 9500, ART. 20, GENERAL AND SUPPLEMENTARY REGULATIONS, ART. 36 TO PERMIT CARPORTS IN RS-1, RS-2, RS-1.1, AND RG-1 DISTRICTS. DISCUSSION ITEM: PROPOSED APPOINTMENTS TO EAST LITTLE HAVANA TASK FORCE, REMAINING APPOINTMENTS TO BE MADE. PAGE # 4 NESOLUT or��t A. IPa NO M-83-274 DISCUSSION R-83-275 R-83-276 ORD. 9583 ORD. 9584 DISCUSSION ORD. 9585 FIRST READING FIRST READING DISCUSSION 103-10S 110 110-112 111-11: 112 113 113-111 114-11` 115-11S 119-12( 120-12: u 0 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On tk-e 24th day of March, 1983, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:10 A.M., by Mayor Maurice Ferre with the following members of the Commission found to be present: ABSENT WERE: ALSO PRESENT WERE: Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Howard V. Gary, City Manager Jose R. Garcia -Pedrosa, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Mayor Maurice A. Ferre, who then led those present in a pledge of allegiance to the flag. 1. MISCELLANEOUS DISCUSSION ITEMS BY MAYOR FERRE FOR POSSIBLE CONSIDERATON OF THE LEGISLATURE. Mayor Ferre: Mr. Manager, there are a couple of things that I think we need to talk about today and because of the time constraints. The Legislature goes into session in two weeks and we are not going to have sufficient time between now and then. We do have an April 6 meeting. The Legislative Session begins, as I recall, that same week, so we do have to talk about the tourism consolidation.... Mr. Plummer: No, the Legislature goes in the day before we meet again, Mayor. Mayor Ferre: ...bill. We also have a problem which is moving very, very quick- ly with the $35,000,000 construction of a bridge from the island, from Dodge Island, seaport, that is going to take a big chunk of our park; but more im- portant, or as important is the ultimate destination of how the trucks and the traffic coming out of Dodge Island will impact on Park West, Overtown, Biscayne Boulevard and the Park. And the whole question as to where we stand on negotia- tions with that, with the County, and whether or not there has been a tunnel study -which is significant, which is sufficiently .... The third item that we have to talk about ... I, yesterday, went to Tallahassee to meet with the Governor and the Mayors of the larger cities in Florida -Jacksonville, Orlando, St. Petersburg, and so on. For my part, I brought up to the Governor the tremendous need that this City has in getting funds for Summer Youth Programs and the Governor was going to be discussing that and coming back to us, but we need to maybe discuss that a little bit, Miller, before the Legislature goes into session. Mr. Dawkins: The only problem I have with that, Mr. Mayor, is -and I think you will share my views and the entire Commission. I'm damn tired of every summer they provide jobs from June to September and then after September we don't have no more jobs, we go right through this b.s. again. Mayor Ferre: Oh, no, no, no. They don't provide any money, this is the State, the provide Zip, zero, nothing, they never have. And what I'm talking about is it's time for the State to provide some money, any money, $10.00; $1,000,000, MAR 2 41983 $10,000,000, they've never given us anything. And I think it's time for the State. Now, the Feds are cutting and we are going to have to put some money in, but I think the State needs to put some money in. And fine, I want to build roads too, and I want to help rapid transit and people movers and all these things that we are spending money on and I know education is the number one priority, Im not knocking that, I'm not saying that we should take money away from the educational funds of the State of Florida and we need to expand our schools, but we also have in Overtown and in Liberty City and in other places 50% unemployment; we've got people that have absolutely nothing to do and thin we worry about why people.. -you know this better than I do, why they have problems at discos, why people riot or have civil dis- turbances, or throw stones, and nobody wants to look at the reality that there are thousands, and thousands, with absolutely no income; and there are a lot of people that want to work and don't work and cannot work because there are no jobs avilable. And I think it is the responsibility of the State govern- ment to also help. I'm not saying they are going to solve it. A million bucks for Miami is a drop in the bucket but it's better than what we have now, which is nothing. Mr. Dawkins: I support that. 2. PERSONAL APPEARANCE OF THE CHAIRMAN OF THE HAITIAN CARNIVAL; REQUEST REFERRED TO CITY MANAGER. Mayor Ferre: Okay, then, on the minor pocket items we have. Wendell & Murphy of the Haitian Carnival ... we asked them to be here first thing this morning. All right, Ms. Murphy, or sir ... are you the Chairman? (INAUDIBLE RESPONSE). All right, your name and address for the record. Mr. Errol Cayard: My name is Errol Cayard, Chairman of the Haitian Carnival, and I live at 645 N.E. 64th St. We are coming this morning with a group of Haitians, business people and professionals and also artists. This year we have scheduled the Carnival for April 3rd and this is the real Haitian Car- nival, when I say real I mean it consists of... Mayor Ferre: Mr. Cayard, in the interest of time, let's get right to it, what is it that you want from the City of Miami? Mr. Cayard: From the City we would appreciate security and sanitation and perhaps a little bit of money for the performers, the band people. Mr. Dawkins: May I ask you a question? When you discussed this with me and Mr. Gary, didn't we discuss -and if I'm in error one of you correct me- the point that we have already funded one Haitian ..you call it a Festival, you can call it a Carnival and what -have -you, and didn't we also tell you that it would probably be impossible to get funds for two festivals this year and that you guys should work together next year and make up your minds who was going to do this? Am I right? Mr. Cayard: Yes. Mr. Dawkins: No, no, didn't I tell you that? Mr. Cayard: Yes. Mr. Dawkins: All right, now, my position has not changed. It is not going to change if you parade 16 people up here. We have already funded a Haitian Fes- tival. Mr. Cayard: Yes, this is the third year. Mr. Dawkins: Now, you can call it a Carnival, or you can call it anything you want, so now, I'm not going to change my mind. Now, next year, if you guys get together —am I correct, is that what we agreed on, Mr. Gary? Mr, Gary; Yes, we did. mh MAR 2 41983 Mr..Dawkins: That's what I said. Mr. Cayard: One is a Festival, one is a Carnival. The Carnival is traditional, Like Calle Ocho and.... Mr. Dawkins: But you see, what I'm trying to tell you is we only have.... I wouldn't care if we are talking about Rio de Janeiro Carnival, the fact is we only have 'Y' number of dollars, and we are tying our damndest to spread it as thinly as we can and get the most for it.... Mr. Cayard: Yes, but there are already some floats.... Mr. Dawkins: We cannot... -I cannot, I don't know about the rest, I can only speak for me, I cannot vote for you after sitting down and you and I agreeing that we would go with one -whatever you want to call it this year, and that next year something else would come up. Mr. Cayard: Well, we are only asking the City for sanitation and police because some business people want the floats already. Mayor Ferre: Wait a minute. Let's see if I understand this. On April 2nd, which is the day before Easter Sunday, as I understand it it is a Haitian tra- dition to have a.... Mr. Cayard: A street parade, a carnival.... Mayor Ferre: It's a street parade, all right, now, the question -what Com- mission Dawkins is saying that we cannot be funding, at this time, two events. Now, but there is another side to it, Mr. Manager —through you -is it Al Howard or Cesar?.... Mr. Gary: Either one, Cesar is good. Mayor Ferre: The question is how can we without giving them money help them to have their walk. I mean, do we provide them with police?..I don't think it would be that big a thing anyway. Mr. Gary: We have some problems with the proposed route of the Festival. Mayor Ferre: Can we work out an alternate route. (INAUDIBLE STATEMENT NOT PLACED INTO THE PUBLIC RECORD) Mr. Gary: Do you want to speak into the mike? Mr. Dawkins: You see Mr. Mayor, you are circumventing the agreement that Mr. Gary and I sat down,..you see... Mayor Ferre: I don't want to do that. Mr. Dawkins: Well, that's what you are doing, because we sat down with these people and came down to an agreement, Mr. Mayor. Mayor Ferre: That's acceptable to me. Mr. Dawkins: Ok, thank you. Mayor Ferre: So, sir, if you would then work with the Administration I would assume that we want to be as cooperative as possible to have these people do their thing without ... Mr. Manager, does that require any action -on our part? Mr. Gary: No, sir. Mayor Ferre:..In other words, you can give them an alternate route and we can help them a little bit with the police. Mr. Gary: Yes, sir. If that's the wish of the Commission, we'll do that, sir. Mayor Ferre: Does anybody have any objections to that? Mr. Dawkins: Me, I do yes. 3 MAR 2 41983 mh 0i Mayor Ferre: You don't want them to have any parade at all? Mr. Dawkins: All I'm saying to you, Mr. Mayor, is I took my time, I sat down with this gentleman, we arrived at an agreement and he agreed to it, and we assumed -Mr. Gary and I- that we had a deal, this gentleman is back here this morning, contrary to what we agreed on, and if you give me your word it's like if I give you mine, that's where I've gone. Mayor Ferre: Miller, what was it that you and they agreed. Mr. Dawkins: We agreed that we should noi: have two carnivals out there, that one should be going, and if they were going to have the other one they would have to support it with their money, that's all. Mr. Cayard: I'm sure every City has different festivals. Mr. Dawkins: I'm only one vote, sir, let it... Mayor Ferre: No, no, you are more than one vote, because I don't want to... if you come to an agreement I certainly don't want to make a big issue out of this, I don't think it's something...if a member of this Commission has sat down with a community group and come to an agreement, I want to support that member of the Commission if I can. The only thing that I want to under- stand is, it is not your intention to kill this thing in any way, you just don't want the City to put any money into it. Mr. Dawkins: That's all I'm saying. Mayor Ferre: And I..but you don't have any objections to our cooperating with them and closing off the street. Mr. Dawkins: No, I don't have any problem with that. Mayor Ferre: ....and giving them the normal, I stress 'normal' support that we give any.... Mr. Dawkins: Well, who is going to pey for the police as we close off the street? Mayor Ferre: Who paid for the police when the Cuban community went to the IRS to protest the deportation? Mr. Dawkins: Ok, I'll tell you what, hold it, hold it: I retract everything tr:at I've said and anything that you can get from this Commission -be my guest. Mr. Cayard: Thank you very much. Mayor Ferre: As far as I'm concerned, I'm going along with Commissioner Dawkins' position, and what was agreed upon was agreed upon. We are not going to put any money into this, Howard. The only thing is I do think we ought to let these people walk, I don't think we should preclude them from walking, you know, I think we ought to give them an alternate route which is acceptable to the Police. I think we ought to help them in a minimum kind of a way so that it doesn't cost the City any extra amount of money other than what we do for any other citizens' group. All right, is there anything else to be discussed on this issue? Do you want to say anything else, sir, quickly? Mr. Cayard: I would say thank you very much for all of you and the Haitian community is going to be very happy at large because it is a traditional affair. Mayor Ferre: Good luck to you. Mr. Cayard: Thank you very much, Mr. Mayor, thank you Commissioners. .MP 04 .MAR 2 4 1983 0 3. INSTRUCT APPROPRIATE CITY OFFICIALS TO INCLUDE EL MUNDO NEWSPAPER IN REGULAR CITY OF MIAMI ADVERTISING. Mayor Ferre: All right, are there any other pocket items other than the ones I mentioned at the beginning? Mr. Carollo: Mr. Mayor, I have some. Mayor Ferre: Go right ahead. Mr. Mayor, it has been the Commission's policy to place different City advertisements in newspapers that have a daily circula- tion. For instance, we place advertisements in the Miami News, the Miami Review, Diario de las Americas, and since in the Black community there is not a daily newspaper we place advertisements in the Miami Times, which is the newspaper which is read the most in the Black community. This community is 60% Hispanic. Until this point we have had only one newspaper that has been a daily newspaper in Spanish, a fine newspaper, Diario las Americas. AT the same time, it has been over six months now that we have had a second daily Spanish newspaper in our City and our County. That newspaper is E1 Mundo. The motion that I want to make at this point in time is to include "El Mundo" together with Diario las Americas, The Miami News, The Miami Review, and The Miami Times. That every time a City advertisement is placed in any of those newspapers, that E1 Mundo be in- cluded. — Mayor Ferre: Is there a second to that motion? Mr. Perez: Second. Mayor Ferre: Further discussion, call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION 83-260 A MOTION DIRECTING THE PROPER CITY OF MIAMI OFFICIALS AND THE CITY MANAGER TO INCLUDE THE DAILY SPANISH NEWSPAPER OF DAILY CIRCULATION "EL MUNDO" AMONG THE ONES APPEARING IN THE BASIC LIST OF NEWSPAPERS FOR GENERAL CITY OF MIAMI ADVERTISING; FURTHER STIPULATING SAID REGULAR ADVERTISING NEWSPAPERS WOULD BE: 1. THE MW!I NEWS, 2. THE MIAMI REVIEW, 3. DIARIO DE LAS AMERICAS, 4. THE MIAMI TIMES, and 5. EL MUNDO. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Demetrio Perez Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. ABSENT: None. FOLLOWING ROLL CALL: Mayor Ferre: I assume that we are voting on this with all the previous condi- tions.... Mr. Plummer: That they meet that criteria. Mayor Ferre: ....that they meet the criteria. Mr. Carollo: They certainly meet theOcriteria, Mr. Mayor, they are a daily news- paper, plus let me say this.... 55 MAR 2 4 1983 mh 0 Mayor Ferre: And I'm voting 'yes' with it, I'm just clarifying for the record that my vote is predicated on the fact that they do meet the criteria that we established for all the other newspapers.. Mr. Carollo: I don't think that this is the time to bring this up so maybe I could sit down with the Manager and discuss this, but even though that we have discussed placing other advertisements on a rotating basis on other weekly news- papers, it has come to my attention that there is one particular newspaper getting advertisement that I strongly object to, so I hope that this can be resolved. I think that this Commission wants to be a Commission that follows the will, the principle, the ideology -if I may say- of the vast majority of this community and I'm going to be damned if I'm going to let our City place advertisements in a newspaper that takes a pro-Castro/pro-Communist line. So, if this can't be resolved in a more diplomatic way I'll bring this back before the Commission. Mayor Ferre: Ok. Anything else? Mr. Carollo: Yes, Mr. Mayor. I'll let Mr. Dawkins give one of his pocket items and I'll come back to another one. Mr. Dawkins: Thank you. 4. BRIEF DISCUSSION ITEM: COCONUT GROVE L.D.C.- MATTER TO BE DISCUSSED AT THE APRIL 6TH MEETING. Mr. Dawkins: Mr. Mayor, I have one pocket item and that is on the Coconut Grove LCD. Mr. Gary, would you have Ms. Gallogly come up, please? Mr. Gary: Yes, Charlotte Gallogly, come to the mike. Mr. Dawkins: Mr. Mayor, members of the Commission and the Manager. I met with the Coconut Grove LCD last night and they have numerous problems and I would like to suggest that since this LCD has many problems which are carry-over, in my opinion, from ill management and since businesses do declare bankruptcy, I'd like to know from the City Attorney, can this LCD declare bankruptcy as of the end of this contract? Mr. Garcia -Pedrosa: Commissioner, I don't know what their financial situation is but if they qualify they are certainly one of the types of entities that are eligible for that type of relief, yes. Mr. Dawkins: Do their debts overshadow their assets, Ms. Gallogly? Mr. Garcia -Pedrosa: Yes, sir. Mr. Dawkins: What I'm saying to the Commission is that the previous management allowed quite a bit of bills to come in. Ms. Gallogly, would you explain the debt that they are in because I can't do it off hand. Ms. Charlotte Gallogly: Yes. For approximately two years the LCD did not pay their payroll taxes and there have been a variety of liens placed on that corporation by the IRS, and it puts them in a very difficult position in terms of finding the money to make those payments. Mayor Ferre: Well, how much is their debt? Ms. Gallogly: At the present time $6,700 and they just received yesterday from IRS another judgment which I hope we can clear up. Mayor Ferre: Who is the Chairman of that...? Ms. Gallogly: Dr. Simpson. Mayor Ferre: Dr. Simpson is here. What is your recommendation, Ms. Gallogly? Mr. Manager, what is the Administration's recommendation? mh 06 MAR 2 41983 0 Mr. Gary: Mr. Mayor, we think with the leadership of the new group that exists there now, that we have an opportunity to bring about econonic... Mayor Ferre: Who is the Chairman of the new group? Mr. Gary: Dr. Simpson is. It includes also, Mrs. Gibson. Mayor Ferre: Dr. Simpson is the Chairman of the old group? Mr. Gary: The new group. Mayor Ferre: And he is the Chairman of the new group. Mr. Gary: The new group. Mayor Ferre: Who is the Chairman of the old group? Do we know. Ms. Gallogly: In December there was a new board of directors put in place to take the corporation forward. So, the old board of directors was Dr. Sands, Franklin Sands. Mayor Ferre: Is your recommendation that we wipe out the old group and start all over again with a new... Mr. Gary: No, they have already done that. The problem is the way I understand it, they have a new group, but they have some financial problems based on the poor management of the L.D.C. from the old group and as a result they have run out of money. Mayor Ferre: So, what do you want us to do, Howard? Mr. Gary: So, they have a budget proposed of sixteen thousand six hundred that they need to carry them from now to March. Mayor Ferre: Sixteen thousand? Mr. Gary: Right. Mayor Ferre: 60? Mr. Dawkins: No, sixteen. Mr. Gary: Sixteen. Mayor Ferre: Oh, sixteen. Between now and what? Mr. Gary: And June 30th of this year. Mayor Ferre: Are you recommending this? Mr. Gary: I'm recommending it on a condition that prior to giving them the money, that we do a thorough audit, ok. Mayor Ferre: You want to make that in the form of a motion? Mr. Dawkins: Alright, Mr. Gary, before I make the motion, this is sixteen thousand on top of the judgements that have to be paid, on top of any other bills that have to be paid, what are you looking at approximately? Mayor Ferre: In other words, what you are saying is we ought to pay the judgements and wipe out the operation and start over again. Mr. Dawkins: No, I say wipe out the operation and don't worry about it. Do like big businesses do, don't pay no judgement, just wipe it out. Mr. Pluam►er: Well, excuse me. This I guess is my ignorance, but what are the judgements for? Ms. Gallogly: IR: has put a lien on all their holdings. They have taken their bank accounts and'we the City have had to pay IRS. They have also put a lien on the City of Miami to pay the FICA taxes. 91 0'7 MAR 2 4 1983 W. 6s Mayor Ferre: well, see the point is that... Mr. Plummer: How come we were not notified of that? Ms. Gallogly: Well, this occurred I would say about sixty to ninety days ago and we have been trying to resolve it with the corporation and IRS. Mayor Ferre: Look, let me understand. a fiduciary responsibility so that if holding the bag. Ms. Gallogly: That's correct. Are you telling me that the City has this subgroup is wiped out we are left Mayor Ferre: I tell you we need to clear that up today. I don't think we need to have that kind of a problem hanging over our head and I think it's something that —we don't want to operate the City that way. Mr. Plummer: Yes, but Mr. Mayor, before we clean it up I would like to know what the dirt is. And I have not... you know, I don't especially want to sit here and hang out our dirty linen, but as a Commissioner, I think I should know what's going on, especially when you are asking me grant more money that something going to defunct that I have some assurances that the same thing isn't going to happen again. I know Dr. Simpson and I have a lot of faith in Dr. Simpson, but I still think that each member of this Commission should be fully apprised of what the problem is before you ask us to grant more money. Mayor Ferre: Fine, obviously. I mean, that goes without saying in the fifteen years I have been around and it's never been different than that. So, I don't see why we should start a new procedure of doing things without knowing what we are... without being informed. So, obviously it entails full information and full disclosure of what has occurred. The point is that if there is a judgement against a group in Coconut Grove which we are responsible for there is no way we can just put these people into bankruptcy. I mean we are financially responsible and I think we need to just simply clean it up. You need to report back to the Commission, you need to get a full audit. if there are criminal charges or negligence of some sought of malfeasance or misfeasance then I think we should pursue that. Mr. Gary: Mr. Mayor, first of all, I'm not so sure that we have the fiduciary responsibility for paying those outstanding liabilities to the IRS since this is a private non-profit corporation. However, I would recommend that the... if this City Commission decides to give them additional funds, that we place as a condition that a complete audit be done and that an operational review be done with recommendations to insure that this does not happen in the future. Mayor Ferre: Oh, no, wait a minute, see you got me confused. I am totally opposed to giving them any additional funds, not one cent. Now, if you are talking about, so that we don't live Coconut Grove out in the cold, starting a new organization with a new board and with new guidelines, that's a different story. Mr. Gary: No, that's what I'm talking about. They have already done the first step. The new board exists and what we are saying is to audit their books because they have absorded the books of the old administration. Do an audit of the books, do an operational audit to make sure that they have built-in systems so that this will not happen in the future. Mayor Ferre: But there is no interlocking. In other words, the old board is not the new board. This is a brand new group of people? Mr. Gary: That's my impression. Mr. Plummer: Mr. Mayor, you are right as it relates to people, but it is not right because remember we have a policy on this Commission as it relates to the CBO's, that if you give them more money it's got to be taken from some other. Now, if you are going to be taking sixteen thousand and giving to these people I think this Commission needs to know who it's coming from to be given to them. Mr. Gary, I want to tell you, I am not prepared to vote on granting any new dollars until such time as this Commissioner is informed of what's going on. Now, you know, the first thing I have to question is if everyone of those CBO's have money put aside for audits and who... somebody obiously from our end of the line was not auditing close enough... gl 08 .MAR 2 41983 Mayor Ferre: Mr. Manager, in the interest of time we will now drop the subject. If you are ready to take it up this afternoon and be prepared to give this Commission an update as per the request of the Vice -Mayor, we will do it that way. Otherwise, it will be on April 6th. Mr. Dawkins: When do you want to do it, April 6th or this afternoon Mr. Gary? Mr. Gary: April 6th. Mayor Ferre: Alright, sir, thank you. 5. REQUEST FROM CHILDREN"S DANCE THEATRE OF GHANA, WEST AFRICA, FOR SPONSORSHIP OF A SERIES OF PERFORMANCES REFERRED TO THE CITY MAN, Mayor Ferre: Alright, Commissioner, anything else? Mr. Dawkins: Alright, one more. Yes, Ms. Critten here has a request. Ms. Marsha Critten: My name is Marsha written. I am working with a children's dance theatre from Ghana, West Africa. They are presently making a tour of the United States, it's a professional company and they are planning to be in the Miami area the first part of May. My responsibility is to make sure that they get community exposure and also that the City of Miami has the privilege of being exposed to this exciting group of professional musicians and dancers. They do workshops, participatory workshops and performances. I have a proposal before the City asking the City to help us sponsor and underwrite a series of workshops and performances in various areas of the community of Miami. In the Black community and the Hispanic community and the community at large because I think that this is a group which will interest and generate excitement and has generated excitement throughout the entire community of Miami. My proposal before the City and I believe that the Mayor and the Commissioners and the City Manager have a copy of the proposal. It's for a series of three workshop performances... Mayor Ferre: Well, what is the proposed date of all of this? -- Ms. Critten: Pardon me. Mayor Ferre: The date? Ms. Critten: Of the proposal or of the.... Mayor Ferre: The date of the performances of the three workshops and... Ms. Critten: There will he.... Mayor Ferre: April, May, January... Ms. Critten: May. Within the first ten days of May and these days maybe designated by the City and the places themselves maybe designated by the City. Mayor Ferre: And what specifically are you asking the City for? Ms. Critten: I am asking the City to underwrite the performances and the workshops. Mayor Ferre: What specifically are you asking us? The bottom line, the dollars. Ms. Critten: I believe that there is a staff report on it which... Mayor Ferre: Is the administration ready to respond to this? Ms. Critten; May I add one more thing. There is a series of three performances and addition the suggestion that there be a gala fund raiser... gl .MAR 2 41983 Mayor Ferre: Are you talking about a thousand dollars, ten thousand dollars, a hundred thousand dollars, a million dollars, I mean what are you talking about? Mr. Gary: She is talking about an advancement of twenty thousand with a maximum of ten thousand to be repaid back to the City. Mayor Ferre: What's the recommendation of the administration? You want to study it further? Mr. Gary: Well, again, this is something nice to have like a lot of things that come before us. I would first, Mr. Mayor, see if we can get some money from the T.D.C. for this particular... Mr. Plummer: They ain't got no money. Mr. Gary: They don't have any money? That's why I think we should not support consolidation, it just demonstrates the problem. Mr. Plummer: Well, their monies are all budgeted up until the end of the budget year. They only have ten percent of twenty for this kind of a thing. Mr. Gary: Mr. Mayor, we have some money that's specifically devoted to cultural art in the current budget. I would propose that you allow me to look at that budget, determine how much of this we can finance through the current budget. Mayor Ferre: Mr. Manager, I would go along with that on the following premise; that the amounts of monies expended'be limited to an amount similar to whatever has been expended in the past for similar type of activities. I think this City has in the past helped to bring folkloric, dance troupes and all that. I cannot ever remember in fifteen years that we have ever spent twenty thousand dollars to bring anybody here. I think we have helped with, you know, two or three thousand dollars, that kind of a thing. I think there has to be a limitation to it. I think it would be... I mean I have nothing against the Ghana International Children's Theatre, but there are plenty other dance groups that are continually asking for funds to come to Miami and we are continually turning them down. I think we have to help, but I think there has to be a constraint as to the amount of help that we can grant them. Mr. Gary: Mr. Mayor, if I could get some direction from the Commission, if you agree with this program, which I think it is a good program, I would suggest that you authorize me to identify funds within our current budget in recreation and culture that does not exceed a certain amount. Mayor Ferre: Well, I would like to put that amount based on previous experience. Mr. Gary: Ok, good. Mayor Ferre: In other words, that it should not,... and then you let us know what that is. I don't remember what the record would be, but I don't think we should do anymore than we have for any other troupe that's come to Miami. Mr. Gary: I agree. I would like to ask a question. Has Miami Beach contributed any money? cos. Critten: Not at the present time. This is something which has... Ok, this is something which has come up fairly recently and we are in the... we are at the present time contacting many agencies which have offered support and there were some proposal before and support coming from educational institutions in the City and cultural institutions in the City. Mayor Ferre: So, we will leave it in your hands, Mr. Manager and you... 21s. Haiba Jabali: Excuse me, T -o._ld like to answer that question directly. I am Haiba Jabali of Public Relations. As; vnu knn- I -1 cxtye r^nrkeA continuously on behalf of the City of Miami to begin to help promote the multi ethnicism of this community. This is an opportunity for... just as you see standing before us, an opportunity for the community to benefit and also local businesses to benefit in this endeavor. Internationally and as far as public relates is concerned. I think that it's something that Miami needs because for the most part, most of the major events that we have had in the City have not reflected the culture of... in particular Slack American and in Africa. So, we have sought support from places like Miami Beach. We are getting assistance gl 14 MAR 2 41983 0 9 from Miami Beach. We are at the same stage at this particular point and time with Miami Beach and a lot of private organizations as well. So, we are just coming before you to assure you that this will be a unique event. It is not typical. It's a troupe of twenty-six children from nine to nineteen years old. The community will be involved in this. They will get a chance to experience something which they have not and I think it will be one of the first opportunities where you will see true multi enthic cooperation in a project such as this. Mayor Ferre: Thank you, and I think, obviously the administration and I think this Commission is fully supportive, ok. Mr. Manager, do you need anything... do you need this in a resolution? Mr. Gary: No. 6. DISCUSSION ITEM: YOUNG NICARAGUAN REFUGEE DEPORTATION BY I.N.S. - URGING AMENDMENT OF BILL REGARDING PERSONS FLEEING COMMUNIST OPPRESSION. Mr. Carollo: Mr. Mayor, I have two additional pocket items. One of the pocket items that I would like to bring up is one that I think can have great consequence for this community. Yesterday there was a young Nicaraguan that was deported to Nicaragua by the I,N.S. We have approximately fifteen to twenty thousand Nicaraguan exiles in this community that have left not because they wanted to come to a better economical system, not because they couldn't make a living in their home like maybe some other people that want to come to our shores, but because their country was taken over by the worst form of government that our world has seen and that's communism. This young man was deported and sent back where he is surely going to be thrown in jail to rot if he is lucky or if not shot. May be not right away are we going to see him go through those consequence They might put him up for two or three weeks and try to show the world that no there is no persecution in Nicaragua, but it won't be long before they deal with him like they dealt with thousands of others in their country. I think the City has an obligation to take a firm stand at this and demand from the I.N.S. a request from our President that Nicaraguans be given the same rights that other groups have been given when they have fled communist rule countries. We look at people that are fleeing Eastern Europe, we look at people that are fleeing Cuba and other communist countries, Vietnam, they are given the right to come to this country and we don't deport them. It was just in our news this morning we read about the President's speech yesterday and we read how the Russians are even threatening us that if we don't do what they want in Europe they are going to place nuclear missiles in Nicaragua. The motion that I'm going to make before us today is just a very simple to the point motion that this city sends a formal request to the director of I.N.S. in Washington, the director of I.N.S. locally, to both of our U.S. Senators, to all four of our Congressmen that represent Dade County and to the President making our position clear to them and demanding that the Nicaraguan exiles be given the right to stay in this country, not deported like this one individual was where they are surely going to face either jail or death. Mayor Ferre: Ok, is there a second to that motion? Mr. Plummer: Joe, basically what you are asking for is that his human rights be protected. Mr. Carollo: I can't hear you J. L. Mr. Plummer: That his human rights be protected. Mr. Carollo: Of course. Mr. Plummer: I second the motion. Mayor Ferre: Futher discussion, call the roll. gl 11 MAR 24 IM The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-261 A RESOLUTION REQUESTING THAT THE HUMAN RIGHTS OF PERSONS LIVING IN THIS COUNTRY WHO HAVE FLED THE COUNTRY OF NICARAGUA BE PROTECTED IN THE SAME MANNER AS THE RIGHTS OF OTHER PERSONS WHO HAVE FLED FROM COMMUNIST COUNTRIES, FURTHER DIRECTING THE CITY CLERK TO FORWARD A COPY OF THE HEREIN RESOLUTION TO DESIGNATED OFFICIALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer the resolution was Passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. FURTHER DISCUSSION: Mayor Ferre: Joe, let me just so that we don't end up with people criticizing our action here. The Congress of the United States passed a bill in March of 1980 referred to as the Holtzman Bill. The Holtzman Bill in effect wiped out what had been standing procedure in the United States going back to Dwight Eisenhower's executive order with regards to the Hungarian freedom fighters and that particular order was that the President of the United States could under executive fiat order and in effect did order the entrance of people fleeing communist oppression and that was the case, of course, in the entrance of the Cuban community that came to this country. Subsequent to March of 1980, which is also a month later is when Mariel occurred, the laws of the United States did not permit the President to do what he could do under executive order previously and so what we are under now is in the new 1980 law, which in effect says that each case must be judged individually and that the administration cannot on its own do this. Now, I think what we really need and I think that the way to approach this--- and I voted with the motion---, but the way to approach this so that it eventually is an effective thing is that we now have a new bill before Congress which is about to be introduced called "Simpson/Mazolli". The Simpson/Mazolli Bill does not address this issue at all. Perhaps what we really need to do is to request one of our Congressmen or all of our Congressmen and certainly our two Senators to submit an amendment to the Simpson/Mazolli Bill that would again, give the opportunity to the administration in the case of people fleeing communist oppression. Now, right now the laws of the United States are silent in that particular issue and that's why what's happening is happening. Mr. Carollo: Mr. Mayor, right now I guess we are like Pontious Pilate, we want to wash our hands. It's funny though when... Mayor Ferre: But the problem is the law. See, what's happening is that I.N.S. and you know, I hate to tell you Republicans this, but I'm glad it's occurring under a Republican administration, because during the Carter year, Carter got all the blame for this and Ariel Ramos who I want you to pay particular attention to this because you know, this is happening under a Republican administration. Now, I'm saying so that... I'm saying this so that it's clearly understood that I'm not holding the President responsible for it for a very simple reason. The laws of the United States have been changed and the I.N.S. Commissioner, Mr. Nelson has no other choice but to follow the law of the land. Mr. Carollo: But let me say this Mr. Mayor, under former President Carter, we lost more countries to communist aggression than we had under any President and if I may say this, we lost Nicaragua because of Mr. Carter and if Mr. Carter would have been in office we would have already lost El Salvador and they would have been in our door steps in Mexico. gl 12 MAR 2 41983 Mayor Ferre: I accept that, but that's not what we are talking about. Mr. Carollo: Hopefully, this Republic administration will have seen the light like I believe that the President and some of his key staff have and they are going to put a stop to that. And to those that might say well, why should we let so many exiles come to our country,.we are going to be over flooded. I say this to those that I agree. We can't open our doors for the whole world to come in after country after country is taken over by communism. So, what we need to do is help those freedom fighters so their countries won't overrun. when the communists were being supplied with millions and millions of dollars worth of weapons by the Soviet Union and Cuba to invade Nicaragua I didn't hear any of our press, especially some of our local press scream that there had to be a stop to that or that the Soviet Union had to be limited to fifty-five advisors or so many dollars to spend on that war, but it's funny now that it's happening with E1 Salvador where our President has taken a firm decision that we are going to defend and protect and do everything that we can to help the people of El Salvador which already have voted in one election against communist oppression. Now, our press wants to put the handcuffs on our government so that we can't supply E1 Salvador with the monies that they need to buy the arms and help their economy to stop communist aggression, but no one has placed any amount of limits on Cuba or the Soviet Union. Our press and some of our Congressmen scream about placing a limit of fifty-five advisors, American advisors in El Salvador. I don't hear them screaming about over ten thousand military advisors of Cuba and some of the Eastern block countries and the P.L.O. have in Nicaragua. I think that if we don't take a firm stand... I'm talking from the City Commission level all the way to the White House. Our country indeed is going to be overrun with refugees until one day the refugees might be us and we won't have no where to go. 7. DECLARE THE FIRST WEEK IN APRIL AS NATIONAL P.O.W/M.I.A. WEEK IN MIAMI HONORING THOSE PRISONERS OF WAR MISSING IN ACTION. Mr. Carollo: The last pocket item that I want to bring up Mr. Mayor, is that on one day in the first week of April the President has declared that day the National P.O.W./M.I.A day in our nation rendering respect and honor to those that were P.O.W.'s and to those that are still missing in action. What I would like for the City of Miami to do is to make the week of April the 3rd in the City of Miami P.O.W./M.I.A.Day in the City of Miami rendering honor to those that served our country with the highest respect and regard that were in prison and those that are still missing in action. Mayor Ferre: Alright, is there a second? Mr. Perez: Second. Mayor Ferre: Further discussion? Mr. Carollo: I would like to also pick a one day of that week where this City of Miami will have a small ceremony in honor of those P.O.W.'s that are missing in action. Mayor Ferre: Mr. Manager, would you work with Commissioner Carollo in the section of the day and the appropriate ceremony and inform the rest of the Commission and the City employees when and what that's going to be. Further discussion, call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-262 A RESOLUTION DECLARING THE WEEK OF APRIL 3-10, 1983 AS PRISONER OF WAR WEEK Its THE CITY OF MIAMI, FLORIDA, FURTHER PROVIDING THAT ONE DAY DURING THIS WEEK BE PROCLAIMED BY THE MAYOR AS PRISONER OF WAR DAY IN THE CITY OF MIAMI. 91 13 MAR 2 41983 W 0 (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 0 0 8. PROPOSED DODGE ISLAND BRIDGE AND AGREEMENT WITH METRO FOR CONFISCATION OF CITY -OWNED LANDS, REIMBURSEMENT FOR LANDS CONFISCATED, ETC. Mayor Ferre: We have here Mr. Weaver and some members of the Chamber of Commerce that have been waiting here since 9:00 a'clock and I know that they have a 10:00 o'clock appointment, I apologize for taking an hour on this. I'd like to bring up now the issue of the Dodge Island Proposed Bridge. Mr. Manager, it is my understanding that, at this time, Congress is appropriating and has approved the expenditure of close to $24,000,100 and that the Metropolitan Dade County people are also adding additional monies so that there will be as much as $32,000,000 expended for the pur- poses of building a 6-lane 65' high bridge from Dodge Island to the main- land. It will be separate from the 2-lane bridge that already exists and the first thing is that I understand that it will take up as much as 6 acres of our park land. Secondly, there is also at the present time no final plan as to what occurs to the thousands and thousands of heavv diessel trucks and other traffic that will be dumped on Biscayne Boulevard at that point by this major structure. Thirdly, there has been great consternation in the ultimate solution'of how that traffic goes. One idea was that it would go through Park West Overtown -that seems to have been rejected, but at the present time the solutions that are being proffered are going through the park. One would go through the park on the bayside and it would, of course, emasculate the whole view of the park that would destroy the dream of this community of the past 25 years of having a clean, open, green space for future generations to have. Secondly, there is some discussion of a submerged semi -tunnel type of a structure that would go along Biscayne Boulevard, wipe out Howard Johnson's -which is a rather expensive solution, since evidently nobody wants to even discuss going into Herald Plaza or taking any of the Miami Herald's land, that's sacrosanct, that's a sacrosanct piece of property, and therefore we can wipe out anybody but Knight Ridder's properties at One Herald Plaza. But whatever the solutions are, none of them are really acceptable, we are in a real serious problem. Now, the point of all this is this, and I saw Mr. Weaver yesterday and he told me that the Chamber is greatly concerned about all this and he is involved in a Committee to deal with this particular issue. So, I would lime to —and I want to report to the members of the City Commission that I have met with Merritt Stierheim and discussed this matter with him. I think they are moving along into the design/ drawing stages. Before we know it we are going to have a very serious matter on our hands without a proper solution. Therefore, Mr. Manager, I would like to make the following motion: Number one, that the City of Miami go on record and through you express to Mr. Stierheim that we are not at this time in agreement with any of the proposed solutions; Number two, that we do not want to proceed in any way, any further, and put them on notice -on legal notice, that they proceed at their own jeopardy in the design and the working drawings of that bridge; Number three, that before we sit down to negotiate and discuss alternate solutions, they, we or jointly, or the State, or somebody must expend the $25,000 that it will cost to have a tunnel study made, and not by a local engineering firm that has never done any tunnel work. The only report that will be acceptable to the City is the report of a major national or inter- national firm that has done tunnels within the last five years and that has done more than one tunnel in its full history. There are several firms that specialize in this and I don't think that we should purport to tell them whether they use Bechtel or anybody else but whoever these major firms that are knowledgeable in this particular business, I do not think we can proceed without that study; Number four, that we want also the County to explore the possibilities of a 4-lane alternate bridge rather than a 6-lane bridge the premise on that being that if they go to a 6-lane bridge there will never be any opportunities to find any alternate routes for Dodge Island. Now, I might point out -and I'm not saying that Black Sundays are around the corner ..-Black September or what- ever that picture was but one small bomb on that bridge would totally wipe out Dodge Island's functioning for several months, it could be an economic disaster for this community. There is only one way to get out of Dodge Island right now, one bridge, and I think if someone were to sabotage that place by putting - God forbid, a bomb on a freighter and have it sunk right there at that point there would be no way that Dodge Island could function, and I really think that they need to look at the possibilities of having more than one egress and ingress. mh 15 MAR 2 41983 a V Lastly, they should also look into the possibilities of going to a 40- foot bascule bridge which would be acceptable to most of the marine interests except the yachtsmen who have these high -mast yachts, and they are'not that many but the vast majority of boats and commercial and recreational boats could go under a 40 foot bascule bridge.... Mr. Gary: Fixed bridge. Mayor Ferre: No, I'm talking about, sir, a 40 foot bascule bridge, it opens, I'm not talking about a fixed bridge, I am not, n o t talking about a fixed bridge. That I think you will find a very strong opposition to by the marine interests and Ithink probably we couldn't achieve that. What is being proposed now is a 65-foot fixed bridge. What I'm saying should be studied is a 40 foot bascule bridge and a 4-lane road. Now, if you can come up with any other alternatives, ..I know that there have been others, for example, that there be a re-routing of the intercoastal up the side of Dodge Island, and across and then back again..I frankly do not think that you will get the marine interests of this community to accept that but, on the other hand, I don't think that the marine interests of this com- munity or Metropolitan Dade County, or Mr. Lunetta, -as good a man as he is, and I think that he is among the best that we have in this community, can impose an unacceptable solution to the people of Miami...I mean, are we as important as the marine interests? And I think that this thing is proceeding merrily along and I do not sense that we are...I think that it is time for us to face this difficult decision, but before we make that decision we must have all the facts. At the present time, we do not have all of the facts. And I move that we strongly and vigorously go on this, and before making the motion, Mr. Chairman, I would like to ask the Administration to express their opinion on this. Mr. Dawkins: Mr. Mayor, before the Administration speaks, may I speak please? Vice Mayor Plummer: Mr. Dawkins: Mr. Dawkins: I want the entire community to hear what I'm about to say. Vice Mayor Plummer: Attention entire community. Mr. Dawkins: Including those that have been serviced by J. L. Plummer's firm. Vice Mayor Plummer: Including those people who can't hear. (LAUGHTER) The only ones that really listen to Commissioner Dawkins. (LAUGHTER). Mr. Dawkins: Every time the individuals in the Overtown area think that they are about to enter into the main stream of this community, good white folks come up with the savior method. Urban renewal, I-95 throughout our neighborhood. Now, we've just come to the point where we are going to develop Overtown and Park West in a joint effort to have ownership, businesses and jobs in Overtown. Now I'm hearing that the bridge that the good white folks are going to build may just dump into "the Overtown area". Now, I want everybody in this City to please take notice, I doubt seriously if any Miamian whether he is red, green, black or polka-dot is going to stand idly by for this. That neighborhood has suffered long and it does not need any more white elephants dropped on it. So as you evaluate your routes and, Mr. Gary as you negotiate with Mr. Stierheim, please make him aware of this. Vice Mayor Plummer: Any further Commission comment before we address the motion? Mayor Ferre: I'd like to get the Administration's input. Then you need a second to the motion. Vice Mayor Plummer: All right, Administration. Mr. Gary: Mr. Mayor, first of all I would like to say thank you for those policy directions, particularly as they relate to the conditions that you see important to the City of Miami. We've been concerned, and you and I and the staff have had discussions that the posture taken by the report of Dade County has been one of what they want, which may not be consistent with what's best for Miami. We support those conditions and we have been discussing those with them, including, but not limited to, precluding the dumping of traffic or the creation of additional dividers in Overtown. I would like to ask Mr. Mayor, if you and the Commission think that it is a good idea, that we also add as a condition that Dade County pay us the fair market value either in cash or land swap for the amount of land they are going to take. 16 MAR 2 41983 mh 0 0 Mayor Ferret I accept that as part of the motion. Mr. Gary: Also, Mr. Mayor, the whole tunnel idea and the directions that you've given in a number of meetings and we've informed them of those policy decisions. I also think it would be important that we let Dade County know that their posture of getting $20,000,000 which is inadequate from the beginning is not going to be a black -mail to the City Commission in terms of accepting something that is ac- ceptable and not in the best interests of the City just on the position that we vay have to turn the money back to the Federal Government. And I think that the City Commission should also take a stand on that, because Dade County needs to be made aware that we are not going to solve a problem in the short run that will cause us problems in the long run and not be best for the City of Miami. Thank you. Vice Mayor Plummer: Any further discussion? Is there a second to the motion as amended? Seconded by Demetrio Perez. Would any of the people from the Chamber like to address? Come forth if you would, give us your name and your mailing ad- dress and who you represent. Mr. David Weaver: My name is David Weaver, my mailing address is 800 Brickell Avenue, Miami, Florida. I represent the New World Center Action Committee of the Chamber of Commerce, of which I'm Vice Chairman. I'd like to support the Mayor and the Manager's comments. The concern of the New World Center Action Committee is that the bridge which is currently envisioned is under engineering review at the present time; it would be a 65-foot bridge which ... or 64-foot bridge which is the requirement of the Coast Guard for the Intercoastal Uaterway. The bridge as presently envisioned will be required to go up at a 6 percent grade, which is the maximum which is allowed by the Highway Department and will, of course, go down at the other side at a maximum 6 percent descent. The effect of this, as someone in the Chamber said, would be to create a camel hump in the center of Downtown Miami, going from Dodge Island to the mainland. Our concern at the Chamber of Commerce -and I must say that neither the New World Center Action Com- mittee nor the Chamber as a whole has taken an official position on this at the present time, but our concern is that there are and there should be other alter- natives carefully evaluated before this particular alternative becomes concrete set in the river. Our other concern, and as you know, a week ago you appointed a review committee for the Bayside Project for which you appointed me Chairman, our concern is that when we are talking about putting a major people -place or public place to attract people to Downtown and to use Downtown to put right along side that people place a 65-foot high eye -soar is something that if we can avoid, we should avoid it. Now, the idea of a 45-foot high bascule bridge, I think, is something that took some people by surprise this morning, this is an idea that is coming from the marine community because the marine community is also aware and concerned with some of the things that the Mayor and the Manager mentioned this morning but they recognize that the majority of the boats that going north/ south and particularly the commercial boats, would have to go along the inter - coastal waterway, will have heights and masts which are below that 40-foot height because of the fact that Dodge Island has a channel dug around it to allow for the commercial boats, any boats which have a height of higher than 40 feet have an option with a 40-foot bascule bridge: (a) they can either wait for that bascule bridge to open, or (b) they can take the alternative route of simply driving around Dodge Island. So the position of the New World Center Action Committee and the Chamber of Commerce is to express our concern and our desire that as much public conversation and dialogue as can possibly be generated take place. Thank you very much. Mayor Ferre: Let the record reflect also, Dave, I just want to make sure that I'm not misunderstood. I do not want to stop progress. I think that Dodge Island is the single, most important economic purveyor -along with the airport - that we have. This is our Ford factory, this is our General Motors, this is our Kodak, if we were Rochester, the seaport in the Dodge Island port is to Miami what Kodak is to Rochester. This is it. This is our Coca-Cola, what Coca-Cola is to Atlanta, the seaport is to Miami. It's our business, and it is something that we must guard, help, protect, advance... there are dozens of thousands, and perhaps hundreds of thousands of people who make their livelihood -directly or indirectly- because Dodge Island exists. It is one of the major achievements, it is the unsung hero of this community, we don't hear about it too much in the newspapers, the newspapers have said very little of the success of Dodge Island. It is one of the major seaports in the country, it is destined to be one of the major seaports of the world and we are very, very quickly getting up there. I do not want to harm the seaport, on the other hand, I do want to make sure that the people of Miami and Overtown and otherwise are protected and that we know 17 MAR 2 41983 mh 0 0 beforehand where we are headed, I don't want any more surprises so that some- thing is decided and five years from now somebody says -well, I was taking it for granted that it had to... eventually we had to continue it through Overtown, or we had to do this, or we had to destroy the park. I think we need community dialogue. It is an important decision and I think we need to get on with this and the only purpose that I have in making this motion is to bring it to a head. Mr. Weaver: Mr. Mayor, if I may add just one comment. It could prove to be very useful if the City, the County, the Port and the Chamber were to jointly sponsor some form of ;public forum. We've already had several conversations with the marine community and I believe that there would be some significant response to that. Vice Mayor Plummer: Further discussion, motion understood as amended. Question: Mr. Gary, has there been any dialogue between you and the County as to the ac- quisition of that City -owned property? Mr. Gary: Yes, there has, Vice Mayor Plummer, and what I have informed both Mr. Lunetta and Mr. Stierheim is that I think it is the City Commission's policy and if it is not I will recommend it, that they pay you the fair market value either in cash or land swap and the Mayor has conveyed that also to Merrit Stierheim at a meeting that we had. Mayor Ferre: And to Steve Clark. Mr. Gary: And Steve Clark. Mayor Ferre: On several occasions, again, I do not want to disrupt progress but it is a very, very serious problem that must be solved on Dodge Island. My only intent is to protect the City of Miami and the people of Miami. All right. Vice Mayor Plummer: Further discussion, call the roll. The following Resolution was introduced by Mayor Ferre, who moved its adoption. RESOLUTION NO.83-263 A RESOLUTION SETTING FORTH THE POSITION OF THE MIAMI CITY COIQiISSION WITH RESPECT TO THE PROPOSAL OF DADE COUNTY TO ERECT A SIX -LANE 64' FIXED BRIDGE FOR VEHICULAR TRAFFIC BETWEEN DODGE ISLAND AND THE MAINLAND IN THE CITY OF MIAMI; FURTHER AUTHORIZING AND INSTRUCTING THE CITY MANAGER TO CONVEY SAID POSITION TO THE COUNTY MANAGER OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote: AYES: Commissioner Demetrio Perez Commissioner Miller J. Dawkins Commissioner Jose Carollo Vice Mavor J. L. Plummer Mayor Maurice A. Ferre NOES: None. ABSENT: None. Vice Mayor Plummer: You'll forward that, Mr. Clerk, to tho Metro Commission, and particularly to Lunetta and to Stierheim, and Steve Clark, of course. Mr. Ongie: Yes, sir. mh 18 MAR 2 41983 0 0 9. APPROACH THE CITIES OF MIAMI BEACH AND METROPOLITAN DADE COUNTY WITH THE CITY OF MIAMI TO APPROACH TOURISM ON A UNIFIED BASIS; SEEK INTER-GOVERNMEMTAL AGREEMENT. Mayor Ferre: The second item that I said I wanted to take as a pocket item is tourism. We have a delegation here from the Chamber again. Mr. Manager, I read your memorandum very carefully and I know Clark Merrill is here. I have a very high regard for Clark Merrill and the work that he does for the City of Miami. In this particular case, Clark, I do want to criticize what I think is a fairly incomplete memorandum. In the first place, the memorandum does not in any way express who the author of this bill is, it is nowhere in your memo. Nor does it say who's support it has nor does it say, does it have any analysis as to the probability of something like this passing. Does the Governor support this? Does the leadership of the House and the Senate support this? Is it strictly.... Nowhere does it explain in there that this is a Chamber initiative. Is it a Chamber initiative? Is it Sid Levin's bill? Who wrote the bill? Who is the author of the bill? Or is this just pie in the sky kind of stuff? I mean I don't know what this means. I cer- tainly don't want to waste my time or the Commission's time on something un- less I think it is a real threat and the point is that we have a serious problem. The problem is this Commission and the City of Miami, the City of Miami Beach, Metropolitan Dade County and the Chamber of Commerce, all of us, all of us, have sat back for the past 18 years and not protected our economic base. Our economic base is tourism. There have been no major hotels built in Miami Beach in 18 years. The Convention Center that was the marvel of the country 15 years ago has been rotting basically, it has been going down hill. I'm not saying it is a bad facility, the 238,000 square feet, thank God, put us in the top convention cities 15 years ago, we were up in the top 10 and we slipped to the top 20. Now, we don't make the top 30. So I think we have nobody to blame but ourselves as a community for not having, this is the only community that has no theme park. The only major community in America that has no theme park within an hour and a half of the downtown of the City. This is the only community that has not built a major stadium or a coliseum in the last ten years, the only one. We have obsolete facilities. This is the only community in my opinion that has not taken care of its major economic base. We have let it slip and now, of course, we're all concerned about what has happened. We need to build tourism back up again. We need to build con- vention facilities. We need to look at Houston, we need to look at Atlanta. Atlanta is now doubling. I met with the Mayor of Jacksonville yesterday. The Mayor of Jacksonville, Mr. Manager, has informed me that the business community, the Chamber of Commerce, sir, have led the way along with the City of Jacksonville in using tax increment financing to raise $25,000,000 to build a convention center for that City and they're on their way to do it, doing it. We have not done any of this. Now, it is my opinion that it is long over due for us to (1) begin to find solutions, (2) begin to identify sources of money, (3) come into an intergovernmental tri-partite agreement between the County, the City of Miami Beach and the City of Miami. I do not think that we should get deeply involved in anything that is devisive, and I don't want to be divisive today until, Mr. Manager, you have come back to this Commission and reported to us what kind of an agreement you have negotiated with Metropolitan Davie County and Miami and with your recommendation and then we will approach the matter of the proposed Chamber of Commerce Bill. Until that time I don't think we should take any position and, therefore, what I would like to.... I would like to make the following motion to you: I move that the City Com- mission instruct you to proceed negotiations to protect the best interests of the City of Miami, and that in those negotiations, you include the Greater Miami Chamber of Commerce and the other chambers that are involved in this issue - Metropolitan Dade County, Miami Beach and their respective Managers, and that you work out something that is sensible so that we can approach the Legislature on a unified basis. Now, I don't think we know what we're willing to give up because we don't know what we can get and I think before we get to saying what bill is good and what bill is bad I think we need to get to the point where we come to a basic agreement as to what is available and what we can get. I might point out that Barry Kutun was here to see you last week and after his meeting with you he came to see me. He told me, I'll put it on the record, that the Dade Delegation and the leadership of the House will not sponsor any, I repeat, will not sponsor any bill of any kind and will resist any bill, and I think we know from past experience that Barry Kutun has the power to do that in the Legislature, will resist any bill until we come to an intergovernmental agreement between Miami Beach, Miami 19 MAR 2 41983 rt 0 W and Metropolitan Dade County. It is, therefore, essential on a priority crisis basis that that be pursued vigorously and that we come to a conclusion because I've got news for my friend Norman Ciment and the members of the Miami Beach Council - they're not going anywhere, they're not going to get any legislation, they're not going to get any bills, they're not going to get any taxes of any kind - liquor, drink, bed tax, whatever unless they come to some kind of a basic agreement and that holds true for us. So let's get on with the business of the City of Miami, one of the businesses is tourism and I think we need to approach it in a unified way. I do not think that we should come to any conclusion on the Chamber's bill until we come, I think we need first things first. The first thing that we need to come to, Mr. Manager, is an agreement between these governmental agencies as to what we're going to do and then we'll talk about whether there is an authority or who gets the money and how it is, you know, it is what I call the Interama Syn- drome that seems to live around here and it is that we're always putting our eggs in the wrong basket or we're always approaching things in the wrong way. For example, if we had not approached the issue of where the stadium was going to be, J. L., and if we had said we are not going to talk about the location, all we're going to talk about is how we're going to fund it, and refused to talk about location,we'd be on our way to building a stadium now. Now that is the way Atlanta does it, that's the way other American cities do it but not Miami. See, Miami and Metropolitan Dade County and Miami Beach, we always want to argue about the tail. You know, we always want to argue, instead of worrying about the head,we want to worry about the tail. We always want to get the wrong things settled and, of course, everybody wants to fight. I want it in North Miami and I want this and I want that, we can never come to an agreement and in the meantime Atlanta and Houston and other American cities do come to an agreement and they proceed and we're still arguing about whether it goes in North Miami or the Orange Bowl, we're always arguing about the wrong thing. This time, let us be more intelligent. Let us approach the problem of unity by addressing the main issue. The main issue is where does the money come from. Now, before we can conclude the expenditure of the money we also need to have, and we're in the midst of having a feasibility study. Now, I have, with all due respects to Commis- sioner Barry Schreiber who I like and admire and respect, there is no way in God's world that any study can conclude that we are totally going to ig- nore Miami Beach and totally going to ignore Miami, it is just not going to happen. It is the same argument that this cultural committee is going through on building this cultural center. It is not going to be built in Bayfront Park. This Commission has gone on record, so why go through all these studies when it is not going to occur. We know the only place that this Commission has not gone on record as opposing is Watson Island for a cultural facility. That doesn't mean that we're going to do it, but we haven't gone on record saying that we're not going to do it. We have gone on record saying that we're not going to do it in Bicentennial Park, we're not going to do it on the FEC property and we're not going to do it in Bayfront Park. Now, this is the same thing. It seems to me that we ought to in your negotiations instruct the firm, what is the name of the firm? Laventhol and Horwath, that there are certain free assumptions that need to be agreed to and that is that Miami Beach cannot be ignored and Miami cannot be ignored. Now, lastly, to our friends in Miami Beach, we want to say very clearly that one thing does not preclude the other. That is like saying that we can only build one boat marina at a time. That is like saying that we can only have one university in South Florida. That is like saying that Houston is wrong. Now, perhaps if we had it all to do over again it would be better to build one mammoth Convention Center facility like Atlanta has done but we don't have that choice. The facility is already built. It is on Miami Beach. They need to expand it. The City of Miami wants to support Miami in its expansion. it would help the hotels of Miami. The people that will work in the Convention Center and in the hotels of Miami Beach live in Miami. They go across the bay to work and expansion of the Miami Beach Convention Center is an economic common sense approach to a problem. That does not pre- clude, however, that we have $120,000,O0O invested in the City of Miami/ University of Miami James L. Knight Convention Center and that we have right now a three legged table and that it needs the fourth leg,and the fourth leg is an exhibition hall. Now, I don't know that kind of an exhibition hall because that is not my business whether it is 150,000 square feet or 180 or 2O0,000,but we need an exhibition hall and with or without the Legislature and with or without Miami Beach and with or without Metropolitan Dade County we must have an exhibition hall because common sense tells us that it must be done. So let us not waste a lot of time, money and effort searching im- possible dreams when we know that the end results are that we have to in- crease the size of Miami Beach Convention and we have to build a small exhi- bition hall for Miami, for that Knight Center to survive economically, it is just that simple. So we don't need any big studies to do that. Now, what 20 MAR 2 419$3 xt we need the studies for is to define how it is going to be financed, how soon it can be done and what size and how these two entities inter -relate. Lastly, I want to put on the record, and I'm not speaking for this Commis- sion or for the City, I speak only for myself, that I think we must have a totally open mind as we approach the problems of tourism and I don't think we should preclude any solution. I don't know... I think on a preliminary basis I totally concur with what the Manager has said in his memorandum and I totally support him but I do not think that that necessarily means that that is going to be the end result and I think we ought to keep our eyes on the head and not on the tail. In other words on the substance and not on the procedure. The procedural aspects I think come next, we ought to ad- dress the substantive issues. Mr. Manager, I move that you address the substantive issues. Mr. Plummer: Is there a second? Second. Discussion? Mr. Mayor, I am con- cerned, I agree with your statement, my only concern is that I am informed that this bill has already been pre -filed. Mayor Ferre: Has it or hasn't it? Mr. Gary: That's the impression I have, Mr. Mayor, and that's why I wanted.... Mayor Ferre: (INAUDIBLE, NOT USING MICROPHONE) Mr. Plummer.: It was pre -filed by the Chairman of the Dade Delegation. Mayor Ferre: Well, the Chairman of the Dade Delegation is an old and good and trusted friend of this City and I think we ought to ask him to come down here and explain to us........ to you now because we don't have any time between now and the opening of the session, Mr. Manager, and my motion speaks to that issue. What they have proffered at this point is really not acceptable and I concur with your statement and if you want I will include that into my motion. But I also want, you know, comma and under the same breathito say at the very same time that the City of Miami wants to go on record saying that we are not against a unified approach to solving a prob- lem, we just want it to be fair to the hotel tourist interest and the people of Miami, that's all, that we do not think that the present proposal is fair to the people of Miami and all we're saying is respectfully that we want it to be a just and fair approach to the problem. We have no problem with going to a unified, as a matter of fact, I personally feel that the only way to solve it is under a unified front but it must be fair. Mr. Plummer: All right, so part of the motion then is to have the Manager contact the head of the Dade Delegation for clarification and inform him of the motion that is to be voted on now. Is the motion understood? Any further discussion? Call the roll. The following resolution was introduced by Mayor Ferre, who moved its adoption: xt RESOLUTION NO. 83-264 A RESOLUTION AUTHORIZING AND INSTRUCTING THE CITY MANAGER TO PROCEED WITH NEGOTIATIONS BETWEEN DADE COUNTY AND THE CITY OF MIAMI BEACH THROUGH THE RESPECTIVE COUNTY AND CITY MANAGERS TO ARRIVE AT A UNIFIED POSITION ON THE PENDING LEGISLATIVE PROPOSAL TO ESTABLISH A REGIONAL TOURISM OR PUBLICITY AUTHORITY, SAID NEGOTIATIONS TO INCLUDE THE PARTICIPATION OF THE GREATER MIAMI CHAMBER OF COMMERCE AND ALL LOCAL CHAMBERS OF COMMERCE THAT ARE INVOLVED IN LEGISLATIVE PROPOSAL; FURTHER, AUTHORIZING AND DIRECTING THE CITY MANAGER TO INFORM THE CHAIRMAN OF THE DADE COUNTY LEGISLATION DELEGATION OF THE ADOPTION OF THIS RESOLUTION; FURTHER, PROVIDING THAT THE UNIFIED INTER -LOCAL GOVERNMENT AGREEMENT TO BE ARRIVED AT BY THE CITY MANAGER SHALL BE FAIR AND EQUITABLE AND IN THE BEST INTEREST OF THE PEOPLE OF THE CITY OF MIAMI. (Here follows body of resolution, omitted herein and on file in the Office of the Clerk). 21 MAR 2 41983 0 Upon being seconded by Commissioner Perez, the resolution was passed and adopted 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 10. REQUEST FUNDS PROPOSED TO BE RAISED BY THE GOVERNOR DURING THIS LEGISLATIVE SESSION SHOULD INCLUDE STATE FUNDS FOR EMPLOYMENT, JOB TRAINING, ETC. Mayor Ferre: All right, Mr. Manager, and I apologize to the Commission for the quickness of this, but I did meet with the Governor yesterday. We have a legislative session coming up in a week and few days. We must really get our ducks in a row. I would like to make the following motion and I want to do it all in one motion. I want to move you, sir, that the City of Miami go on record and whereas at the present time, in Dade County, 15% of our people are specifically classified as living in poverty; and whereas, within the City limits of the City of Miami, close to 25% of the people live in poverty, as officially classified by the Federal Government; and whereas in certain parts of Miami, namely Overtown, close to 50% of the people live in poverty; and whereas the Federal Government has substantially cut down on funds that flow to urban areas for the purposes of dealing with summer employment; and whereas we understand that summer employment is a drop in the bucket approach to a serious matter, but nevertheless, for a parched throat, a drop in the bucket is better than no drop at all; and whereas we have never had State monies flow to the cites of Florida, and since we are at a critical emergency point, that along with dealing with the transportation problems and traffic problems and the educational problems, that we respectfully submit some of the funds the Governor is proposing to raise during this legislative session should also include funds, State funds, for employment and job training, and that the City of Miami respectfully request that this be given a priority by both the Dade Delegation and by the Administration of our present Governor. Number two, that since we are still in a transition point, and have not identified proper sources for the construction of our convention halls, exhibition halls, cultural centers, coliseums, sports stadiums and other tourist oriented facilities, that the City of Miami go on record to our Dade Delegation and to the Governor. We need to have a solution to this problem now. We cannot wait until we have our Laventhol- Horwath report finished, and that since money is the real key essense of it, that we go on record recommending that the bill as outlined in discussion by Mr. Sy Chadroff and the industry for a drink tax. I repeat that - not a liquor tax, a drink tax, over the counter drink tax...be immediately incorporated into the delegations' priority packages, specifically earmarked for help in the tour- ism industry, and if that not be the source of monies identified, that perhaps a bedtax or other sources be proffered. Now, a drink tax is a better source of money, because Number one, it is substantially more as defined by the industry than a 2% bed tax. But, whatever the amount of monies are, we need to get on with this and we need to identify these sources and the City of Miami desperately needs to get some of those monies and again, that it should be done on a fair and proportionate basis, totally tied to the place that the money is raised. Now, I do not mean to slight Hialeah, or El Portal, or Miami Springs Gardens or whatever, but the point is, that I think fairness would have it that if the money is raised within the boundaries of the City of Miami, that the majority of those monies raised here should come back for the purposes of strengthening the very people that we are taxing. In other words, if we are taxing people who are drinking in hotels and in restaurants, that money should flora and accrue to the benefit of those that are paying the burden of that tax and of that in- dustry. Otherwise, what we do, we end up sending monies to the wrong places. Mr. Plummer: Is that in the form of a motion? ld 22 MAR 2 4 1983 Mr. Perez: Mr. Mayor, I would like in that motion that the housing situation in the City of Miami be a part of the priority of the Dade Delegation. We re- ceive in our office more than a hundred per week about the housing problems and I think in housing, we have at least in Dade County more than 25,000 ap- plications and I think that we have to urge the Dade Delegation to pay atten- tion to the housing situation in this area. Mayor Ferre: I accept that as part of the motion. Mr. Plummer: Is there a second to the motion? Mr. Perez: I second. Mr. Plummer: Is there further discussion? Mr. Dawkins: Under discussion. Mr. Plummer: Commissioner Dawkins. Mr. Dawkins: I agree with everything that the Mayor has said. My only problem has not been what the Mayor has said. My problem is with the tradionalist of this. Each summer, every summer, we find funds for summer employment. Now, the Mayor did not say summer employment. The Mayor said jobs and training and I am at the stage where I would prefer to see one and one-half "X" year around jobs, rather than three "X" summer jobs, because every summer, it is amazing how we are able to come up with three "X" summer jobs, and then nobody does anything until next summer, and next summer we come in with three more "X" summer jobs and it is traditional! So, it is time now that we think in terms of putting some people to work, as the Mayor said, in a training program that will give them permanent employ- ment. Mr. Plummer: Are you finished, Commissioner Dawkins? Any further discussion? Motion understood? Call the roll. The following resolution was introduced by Mayor Ferre, who moved its adoption: RESOLUTION NO. 83-265 A RESOLUTION REQUESTING THAT A PORTION OF THE FUNDS THAT THE GOVERNOR OF FLORIDA IS PROPOSING TO RAISE DURING THE LEGIS- LATIVE SESSION BE DEVOTED TO EMPLOYMENT AND JOB TRAINING, AND THAT THIS REQUEST BE GIVEN PRIORITY BY BOTH THE DADE COUNTY LEGISLATIVE DELEGATION AND THE GOVERNOR; FURTHER REQUESTING THE DADE COUNTY LEGISLATIVE DELEGATION GIVE PRIORITY TO LEGISLATION WHICH WILL EASE THE CRITICAL LOW- INCOME HOUSING SHORTAGE IN THE CITY OF MIAMI; FURTHER, SUG- GESTING SOURCES OF INCREASED STATE REVENUE. (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 ��MAR 2 41983 171 M 11. DECLARE A CEREMONY TO BE HELD IN COMMISSION CHAMtERS 12:00 NOON, FRIDAY, MARCH 25TH re: DR. ORLANDO BOSCH. Mayor Ferre: Go ahead, Commissioner Perez. Mr. Perez: Mr. Mayor, first I would like to emphasize and to point out for the record that at this time a group of Cubans are conducting a hunger strike at the corner of Flagler Street and 22nd Avenue in support of the anti-Commu- nist leader, Dr. Orlando Bosch. Therefore, I would like to ask the City Com- mission that the resolution presented at the Commission meeting last Friday proclaming Friday the 25th as day of Orlando Bosch in the City of Miami be enforced, and to present this proclamation to our Cuban organization tomorrow at 12:00 o'clock here in City Hall; inviting the Cubans involved in the hunger strike to come here at 12:00 o'clock tomorrow with members of the Cuban organ- ization and people from different religious groups in a time of solidarity and prayer. I would like to make that motion that we have the facility of calling for this meeting tomorrow and to present that proclamation to the Cuban organi- zation to have that day for Dr. Orlando Bosch. Mayor Ferre: All right, there is a motion on the floor. Mr. Carollo: Commissioner Perez, I will second the motion - can you just go over it? I am sorry, I was out for the first part of the motion when you were saying it. Can you repeat it, please? Mr. Perez: Yes, the idea of the motion - first I wanted to point out for the record that we have a group of Cubans on Flagler Street and 22nd Avenue on a hunger strike, and I would like to recognize that for the record and also that the proclamation that we approved at the last Commission meeting declaring the day of Orlando Bosch in the City of Miami be enforced and that this Commission invite tomorrow at 12:00 o'clock the members of the Cuban organization parti- cipating in that campaign to come here and to present the proclamation, and to have a ceremony with religious representatives. Mr. Carollo: Okay, who are we going to be presenting that proclamation to - what organization? Mr. Perez: Tomorrow. Mr. Carollo: I would suggest that we invite either the wife or one of the children or another family member of Orlando Bosch to present them a proclama- tion. Mr. Perez: I think that would be great. Mr. Carollo: Yes, if we could make that a substitute motion. Mayor Ferre: Repeat the motion as your proffered it. Mr. Carollo: Well, the substitute... Mr. Perez: What I proposed first, was that we celebrate a meeting tomorrow at 12:00 o'clock here in order to present the resolution that we approved at the last Commission meeting, declaring the day of Dr. Orlando Bosch and the City of Miami and also to invite the Cuban organization to be here and Commissioner Carollo asks that we invite the family of Dr. Orlando Busch. Mr. Carollo: And then we present a proclamation to either the wife or the children, and if they are not in town, to another family member of Orlando Bosch. I think that would be the appropriate parties to present the procla- mation to. 24 .MAR 241983 ld Mayor Ferre: Okay. So, where do we stand on this? Mr. Carollo: That is fine. He made a change. Mayor Ferre: Is everybody in agreement, now? We have a motion and a second. Are we ready to vote on it? Mr. Plummer: Mr. Mayor, just for the record, I will vote in favor of the motion, but I have obligations tomorrow that I cannot break at noon. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Perez, who moved its adoption. MOTION NO. 83-266 A MOTION OF THE CITY OF MIAMI COMMISSION DECLARING THAT A CEREMONY SHALL BE HELD IN CITY HALL, COMMISSION CHAMBERS, AT 12:00 NOON, ON FRIDAY, MARCH 25, 1983 TO PRESENT TO THE FAMILY AND FRIENDS OF DR. ORLANDO BOSCH A PROCLAMATION, AND INVITING MEMBERS OF THE CUBAN COMMUNITY TO ASSIST, PAR- TICULARLY, THOSE MEMBERS OF THE CUBAN COMMUNITY CURRENTLY INVOLVED IN A HUNGER STRIKE IN SYMPATHY WITH DR. ORLANDO BOSCH AS A SIGN OF SOLIDARITY. Upon being seconded by Commissioner Carollo, the motion was passed 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 12. DISCUSSION ITEM: POSSIBLE CONSTRUCTION OF FACILITY FOR SENIOR CENTERS OF DADE COUNTY AND MOR14INGSIDE PARK REFER TO CITY MANAGER. Mr. Perez: Mr. Mayor, I would like to recognize the presence of Leonard Batz, the chairman of the Senior Center of Dade County. Mayor Ferre: Okay. Mr. Perez: I would like to give him the opportunity to express his concerns. Mayor Ferre: Yes, sir. Mr. Leonard Batz: Mr. Mayor, Commissioners, it is good to see you this morning. As you know, I was fortunate enough ater making_a great number of reparks at the silver haired legislature and so forth and in Wasnington that we ada serious problem or trying to locate a group of elderly persons. I have been nearly six years trying to find a place to place a building or something, so that we could move the people. I was fortunate enough to be offered $205 000 of monies that could not be used by the State of Iowa, to build, if I C06n find a location to build a building for these services. I have gone to the County. I attended a City Commission meeting, I went to the School Board and discussed with Parks Department and so forth and we finally resolved the best place, and for the benefit of the community, was a location in Morningside Park, which was within the census track of the elderly that were to be served and the elderly that would be moved. So, on September 9th, we appeared before ld 25 MAR 2 41983 i the this august body, and they said they would give us help because it was important. For twenty years now, we have been providing economic effort up to $3,000,000 a year for the elderly in the City of Miami. We have never asked the City of Miami for anything. Now, it has come to the point where I have to either use it, or lose it - the monies that I have. I had one extension from last September 30th through the 30th of last December. We have complied with all of the requirements - the requests of the Planning Department. We have complied with everyone - and the meetings of the civic organizations and Morningside Park. At first, they were very much for this, because after all, we could help some of the elderly people who live in that area. So, we were doing very well. We spent money that we were re- quired to do and for plans rendering, architects, everything has been com- plied with. Now, we are in the first part of 1984. I am being harassed - no, I am not really harassed! I am being asked "Please, are you going to use this money, or aren't you?" We have pretty close to $300,000 now, that we would like to build a building, put it in a location that would be most beneficial to the City of Miami. We would give this to the City of Miami, the building - they can build it if they want, we will give them the money, whatever is required. We are actually paying rent for the next twenty years, so we can take care of our elderly people. I think that this is very commend- able. I know that I am going to be embarrassed to death if I have to give back this money. I am going to have to give back in addition the $16,000 that we spent for architectural fees to comply with the rules and regulations that are established. I am asking, please, can we make some sort of a de- cision. Again, I am at the point of...I can ask for another thirty days - another ninety days until the 30th of June, but I know that that is going to be the extent. Mayor Ferre: Mr. Batz, we are almost at 11:00 o'clock. We need to move along, so let's get a recommendation from the Administration on this matter. Mr. Gary: Mr. Mayor, when you recall, when Senior Citizens of Dade County came here - first of all, you have asked us for something. This City Com- mission grants you the use of Bayfront Park every year - sad note. I have to let them know, because them come asking for money. But, when they came to us, Mr. Mayor, with this recommendation (I think it was brought up by Commissioner Dawkins) the City Commission directed the Administration to look at alternative sites with Morningside being one of the first sites, taking into consideration the desires of the neighborhood, as well as the professional input of Planning. Morningside, the neighborhood is totally opposed to it; in light of some of the problems we have over there and also the policy with regard to waterfront property, I would agree with that. We will sit down and identify other locations for them. I think that it is important to note that I think one of the locations that they are presently at is Edison Court, which is a Dade County facility. The tenants obviously want them out of the area, but we will work with them, Mr. Mayor, but I think this is a classic example that highlights my concern that normally the other public bodies are very insensitive to some social concerns of this community and people tend to end up here, because they find this City Commis- sion is sensitive and this is why I think that most of the money that comes into Dade County should be coming to Miami, but we will be working with them. Mayor Ferre: All right, sir. Mr. Batz, I wish I could give you an answer today, but at this stage, I think the problem is that we have serious con- frontation between two very important groups that both have needs. Mr. Manager, I would commend you that we really need to come up with a solution, because"we want to solve this problem and we want to do it soon, and I would hope that we could do this certainly by the April meeting. Mr. Plummer: Well, let me ask a question, Mr. Mayor, because my office is probably like all the rest. We are receiving daily calls from people around Morningside. Mr. Gary, has it been resolved that Morningside is definitely not available? Mayor Ferre: The Administration decided, we didn't. Mr. Plummer: Well, okay, I understand that. But, if that has been the case, and I think if it is, we should be putting that on the record, so that we can relieve these people who are calling in fear... ld 26 ,MAR 2 41983 0 6 Mayor Ferre: Plummer, there is a wonderful American saying. It says "If it ain't broken, don't fix it!" Mr. Plummer: Well, I guess it has to be determined what is broken. Okay! Mayor Ferre: All right, we need to go on. Anything else? Mr. Perez: Let me point out something. Mr. Manager, would it be possible for these people from the Senior Center to meet with you next week in order that they give you a full explanation and I think that there are several details that have to be clarified yet. Would it be possibl,a that they meet with you next week? Mr. Gary: Yes, they can meet with one of my Assistant City Managers. Mr. Perez: Okay, and to have a recommendation for next month. Mayor Ferre: April 6th. Mr. Gary: Jim Reid of my office will contact you and set up a meeting. Mayor Ferre: Thank you, Mr. Batz. Mr. Batz: Thank you. 13. NON AGENDA REQUEST OF REV. ROLLE FOR USE OF THE ORANGE BOITL STADIUti TO BE DISCUSSED AT THE NEXT CITY COM24ISSION MEETING. Mayor Ferre: Reverend Rolle has requested the use of the Orange Bowl. Reverend Rolle, I think the way we should do this is a brand new request at this time. I have turned it over to the Administration so that we can have an analysis of it and at the very next Commission Meeting it will be the first item to come up in the morning. All right? We will take it up first thing at the next Commission Meeting. We will have a full report from the Manager with his recommendation and we will take it up at that time, and thank you Ladies and Gentlemen, for coming here this morning. 14. APPEAL BY SUNSET VILLAS TO VARIANCES GRANTED FOR CONSTRUCTION OF JACAROL CLUB. (See later, same meeting) Mayor Ferre: All right now, proceed with Item Number 1. Mr. Gary: Mr. Mayor, this is not an item of the Jacarol Bay Club in terms of them being the applicant. The appeal is being made by Sunset Villas Condo- minium Association, Phase IIIA Incorporated. I would like to note that the recommendation in terms of the Planning Department is denial. The Zoning Board granted it as revised five to two. There were forty-four objections and thirty-five opponents. Mayor Ferre: Who are we hearing first today, the applicant or the appellant? The appellant are the objectors. Mr. Gary: That is them, the appellant. Mayor Ferre: Oh, I see. You represent the people in the neighborhood that object to it. Mr. Matthews: That is right. Mayor Ferre: You are toe appellant, so you go first. Okay. Mr. Matthews: Mr. Mavor and Members of the Commission. .27 MAR 2 41983 ld & 0 Mr. Plummer: Whoa! Whoa! Mr. Gary, are you finished yet? Mr. Gary: No, I am not. Mayor Ferre: Oh, I am sorry. I beg your pardon. Mr. Plummer: I wish to speak after he is finished. Mayor Ferre: Go ahead. Mr. Gary: Mr. Mayor, at the last meeting when this item was brought up, I provided the City Commission with the information in terms of our being aware of an investigation that is based on a subpoena with regard the ownership of the Jacarol Bay Club and other matters that were being investigated, and at that time I suggested to the Commission that they may want to hold off making a decision on this item, because it may have some impact on the disclosure. I am of the impression, after getting legal advice, that it is probably appropriate for the City Commission to take up this item and decide on it once and for all. Mayor Ferre: Now, in other words, there is compliance with the previous ordinance about disclosure of ownership. Mr. Gary: There is compliance. There is some question as to whether or not they have complied accurately or not. That could be taken up in another matter. Mayor Ferre: But that is whether or not...in other words, you are not privy to the fact that they have not complied. They have submitted the names of who the owners are. Mr. Gary: That is correct. Mayor Ferre: So whether or not they are lying or they are not lying, is really not a question that this Commission.... Mr. Gary: We can't decide on it. Mayor Ferre:.... can determine and you don't have any objections, therefore, based on the City law, which is the ordinance, since they have submitted a name. Mr. Gary: Correct. Mayor Ferre: You or the Administration know that, as a matter of fact, the name is inaccurate, or they lied or exaggerated or changed, or somehow, then I think it is a different matter, but if you are not privy to that information, then the rest of it really is beyond the control of either the Administration of the Commission. Mr. Gary: Your analysis is correct, Mr. Mayor. Mr. Plummer: Mr. Gary, this Commission instructed you at the last meeting to formally or informally contact those persons who were doing the investiga- tion and to report back to this Commission as to whether or not our handling this as a zoning matter would impede that investigation. On the record, did you do such? Mr. Garcia -Pedrosa: Mr. Vice -Mayor, if I might jump in. The instruction was actually issued to me. Mr. Plummer: All right. Mr. Garcia -Pedrosa: And I did contact the United States Attorney for the Southern District of Florida. There is a memorandum I have written which is unfortunately, not in your packet, but I wrote it to the Commission, stating that my conversation with the United Stateb attorney indicated that from his standpoint, you should procede as you see fit and he had no position one wav or Another. 28 MAR 2 41983 ld 0 0\ Mr. Plummer: Second cuestion. Mr. Gary, in the packet it is stated that the owner of the corporation which is making the application is Keen Enterprise, S. A.; president and director, Mario Fonseca. Is that correct? Mr. Perez-Lugones: That is the record we have on file. Mr. Plummer: All right. In the past they have been represented by Mrs. Carolyn Weiss and I don't see her present today. The question I wish to ask, is Mr.. Fonseca present in the audience today? Ms. Sherry Weiaenborn: Sherry Weisenborn, on behalf of the applicant - Cen- tral Bank and Trust. No. Mr. Fonseca is not here today. His wife had a con- flict. I was one of the initial attorneys representing this company before the Zoning Appeals Board. During the remainder, when this case first came up to the Commission, I was tied up in a trial and thereafter, for the re- mainder of the summer and through December, tied up with the Dade County garbage plan arbitration matter. So, Mrs. Weiss could not be here today. I had been the attorney. I had been the attorney for the original owners of this property, as Mr. Matthews knows, so I am here on their behalf today. Mr. Plummer: Okay, the final question that I want on the record, is I recall at one of the numerous meetings that this has been partially discussed. There was a discrepancy as it related to the actual application before the Zoning Board predicated on a F.A.R. as I recall, of 1.44, that when it appeared here before this Commission, that there was a discrepancy. Has that matter been resolved, and if such, what is the result? Mr. Richard Whipple: The applicant has submitted revised plans which reflect a F.A.R. of 1.44 and an attachment to the plans, which indicate where the re- ductions occurred and what buildings by which to reach that 1.44 and they are in file with the hearing office and with the Planning Department. Mr. Plummer: They are in order? Mr. Whipple: Yes, sir. Mr. Plummer: And they are in compliance as was heard before the Zoning Board where it was granted. Mr. Whipple: As far as that number goes, yes, sir. Mr. Plummer: Okay. Mr. Gary, I have an affidavit which I don't find the date. It is in my packet, signed by Carolyn...I am sorry - it was on the 13th day of December, 1982 and affidavit from Carolyn Weiss. Are you on the same affidavit as I? Mr. Gary: December 13, 1982? Yes. Mr. Plummer: It starts out: "Affidavit, State of Florida, County of Dade. Before me the under- signed authority personally appeared Carolyn Weiss." Do you have that affidavit? Mr. Gary: Yes, I do. Mr. Plummer: Mr. City Attorney, Item Number two. That affidavit states that the development is at 2861 N. W. 7th Street. Mr. Garcia -Pedrosa: Yes, I have it. Mr. Plummer: To my knowledge, that is not the proper or correct as the ap- plication. Unless my numbers are wrong, this affidavit really doesn't mean much. Mr. Garcia -Pedrosa: Mr. Vice -Mayor, there are two points that I would make in response to your inquiry. The first is that the affidavit, I think came to you under cover of a letter dated November 29th, which is immediately preceding it in the packet. 29 id MAR 2 41983 Mr. Plummer: Yes, I assumed that it was. Mr. Garcia -Pedrosa' I make that same assumption and which provides, what I am told by Staff, is the correct address, and so the first point is whether or not there is a typographical error in the affidavit. But, more substan- tially, the Appeal before you is an Appeal, not by Mrs. Weiss, or Interconti- nental Properties, Inc. or Keen Enterprises, Inc., but rather is is from Sun- set Villas Condominium Association, Phase ILIA, Inc. from variances already granted and it would be my view that that entity has a right to have you de- cide its appeal and not be penalized by an oversight, an error or even an outright deficiency, if you were to take that view of it, of documentation submitted by the party opposing the Appellant, so I think you can proceed. Mr. Plummer: I assume that you want a corrected document. Mr. Garcia -Pedrosa: Well, I would like... Mr. Plummer: What I am saying is, this comes as no surprise, okay? This item has been previously before us. There was a discrepancy that existed before as to who were the owners. This affidavit is the key to that applica- tion. As such, this affidavit is incorrect. There is no question in my mind that it is incorrect. Now, you can put anything you want in a letter, but when you come to swearing in an affidavit, it is a different ballgame. Now, if I were to say - and I am not trying to practice law - but, I would say to you that in lieu of a new document, we are bound to take that location identified in the affidavit, and as such, this affidavit is to clear up the discrepancies or alleged discrepancies that existed before about disclosure. Mr. Perez-Lugones: Mr. Plummer, may I... Mr. Plummer: Well, I am trying to make the record clear! Mayor Ferre: Go ahead. Mr. Perez-Lugones: The affidavit that you are referring to is not the official form that we use for an affidavit. This was volunteered by Mrs. _ Weiss and I realize that there is a mistake in the address. We have on file, our own affidavit, which is supported by a Power of Attorney and at this time, Mr. Garcia -Pedrosa is reviewing that and that is the form that we require from all applicants to provide the City with. Mr. Plummer: And who signed that form? Mr. Perez-Lugones: Carolyn Weiss. Mr. Plummer: Was that prior to or after the 13th of December? Mr. Perez-Lugones: It was prior to anything - that was the affidavit sub- mitted at the time of the application. Mr. Plummer: And that is at the time that subsequent to there was a discrepancy disclosed? Mr. Perez-Lugones: Discrepancies since we got the other affidavit? Mr. Plummer: As far as to disclosure. If it was submitted with the applica- tion, it was subsequent to the problems that arose about proper disclosure. Mr. Perez-Lugones: Yes, that is correct. Mr. Plummer: This is the affidavit that has been filed after the alleged dis- crepancy. ' Mr. Garcia -Pedrosa: He is right. Mr. Perez-Lugones: Yes, that is correct. Mayor Ferre: All right... Mr. Plummer: Mr. Maypr, it seems like to me, you know, this matter has not been simple in any way, shape, or form, but I would say to you, that what we are bound by is to a project at 2861 N. W. 7th Street. I could be wrong and Mr. City Attorney, you make a ruling. ld 30 MAR 2 41983 Mr. Garcia -Pedrosa: Not to answer that question, Commissioner, I think you have got to decide what you want to do with this affidavit and whether you want to consider it to be a basis on which to decide the matter one way or the other. I thought your inquiry was whether you could proceed in the face of this. Mr. Plummer: Yes. Mr. Garcia -Pedrosa: And there I have no question in my mind that you ought not to penalize an appellant for something that the appellee has or has not done. Mr. Plummer: No, I am not going to penalize the applicant or the appellant, okay? ... but I have to question the procedure in which Mrs. Weisenborn will be under a handicap of addressing a location other than what is in the affidavit. So, if anything penalizing her, not the appellant. And please, I am not try- ing to practice law!, but I guarantee you, whatever way - the one thing Mayor Ferre said that I agree with, regardless of what happens here today, this thing is going to court. That I almost feel certain about, regardless of which way it goes. I mean, both sides have more or less said that. The stakes are high. Now, are we going to be put into a position when this matter goes to court, that the court is going to say "Well, you really considered the wrong location". You should have considered what was in the affidavit and then it is all going to come back here all over again. Mr. City Attorney, I am bound - if you say we can proceed, and you want to proceed, I am ready. I am just trying to get the legality. Mayor Ferre: Well, get on with it, one way or the other. Mr. City Attorney? Mr. Garcia -Pedrosa: Mr. Mayor, I think (a) you can proceed, (b) I don't disa- gree with the Vice -Mayor. You can, and you are perfectly entitled to take the location on the affadavit as the correct location. Mayor Ferre: The ball is back in your court, Mr. Vice -Mayor. Mr. Plummer: Mr. Mayor, it is immaterial to me. Let me ask if it is proper of Mrs. Weissenborn. You understand what I saying. I am very surprised that this matter has not been uncovered prior to it coming here. This goes back four months. Nobody obviously picked it up at the Administration level. Ms. Weissenborn; I am convinced that it is a typo. Every letter that came along with this affidavit - every document does reflect the property - the proper address being the 40...... as it is the application at as this particular agenda item is presently set to be scheduled on. I think it could be simply clarified by a simple amendment by Carolyn Weiss to correct the address, but I do represent the Central Bank and Trust. Central Bank and Trust is the actual applicant for this property, and we are stating that the address, that is, the proper address, is the address that the Department has and that is the "48" number, not the "28" number. Mr. Plummer: It is immaterial to me! There is a big difference between a letter and an affidavit. Ms. Weissenborn: I think the Department has, from looking at the packet, the Department has gone on to the same form that the Metropolitan Dade County has used, and I think that was why the purpose of passing your Disclosure Ordinance in the first place, and I think that all that is required there is just it goes within your application - your application being the controlling item, that certainly at all time within the Department of Zoning in Dade County, you can amend your application, or your disclosure interest form. The disclosure interest form, I believe, is what is your important item, not the affidavit, and I think we have disclosed who the owner is and I think the application has specifically set out who or where the property is and I don't think there would be a problem with that. By a simple amendment, we could orally amend that here today and then have her file a corrected to reflect the proper. Mr. Plummer: I will abide by the City Attorney's ruling. Mr. Carollo: If I may say this for the record, I think that at this point in time, as I stated on a previous occasion, I more than willing to have this come to a vote before the Commission. I don't want to be accused later on that we tried to stop them from getting their day in court. Now, after we have 31 Id MAR 2 4 1983 the hearing, if three members of this Commission still are inclined to vote for this project, then we can proceed and verify some of this other things. But, see, the problem I have now, is what we are playing is the old game of finding the pea in the shell. We are going around like this, trying to find out who the real owners are, but I think we can check that out later, and hear this today. Ms. Weissenborn: I don't think there is a problem with the ownership; I think that they filed the 1982 corporate document out of Tallahassee with the Depart- ment. That is my understanding. They show the filing. They show you percent- ages of stockholders in the corporation. I don't think that the main issue here is just merely the problem of typographical error concerning this address location. This has been filed on an application. The appeal was filed on an application, identifying the property. I think that the property has been identified sufficiently that everybody knows that notices went out, and I don't believe that Mr. Matthews can come in here and say "Oh, this isn't the piece of property that he has filed the appeal on". He knows what he has filed this appeal on. Frankly speaking, the appeal, because we were in the appeal process, and all of the problems that occurred, I think that it is going to be unjust for both Mr. Matthews' client and for my client to try and continue this matter again. This is over a year since it was first heard and we are still sitting around and groping around and I think that it is time that with the correction as to that one problem in Mrs. Weiss' affidavit, I think the City Attorney could probably agree that that would correct any error as to her affidavit. The application - the Department knows where it is. That is what the Department has been working on and that is what the Applicant to this appeal knows. Mr. Gary: Mr. Mayor, just to move this forward, and I am like J. L., I am not a lawyer, but would it be appropriate just for the record that the attorney go under oath, admitting that she represents the bank and that she also repre- sents the owners in this application and that the address was a typo error and that she states for the record the correct address and that she will submit an amended affidavit. Mayor Ferre: Any problem with that? Is that a good legal procedure? Okay, just for that one issue; the oath would be only for that issue and no other issue. Go ahead. Mr. Ongie: Would you raise your right hand, please? Do you solemnly swear that the statements that you are about to give in connection with this matter are the truth, so help you God? Ms. Weissenborn: I do. Mayor Ferre: All right, now make your statement. Ms. Weissenborn: I would like to state that there has been, in the packet that was sent concerning the ownership of the property located at 4865 N.W. 7th Street - I am sorry, it is 4861 N. W. 7th Street contained a typographical error on Carolyn Weiss' affidavit, and we will submit a correction to that affidavit. However, as to the actual disclosure as to the ownership, the disclosure as to the ownership is correct and with that packet was filed an alien annual report to the Department of the State of Florida, indicating who the people were. Mr. Carollo: Excuse me, if I may. For the correct, it is correct as far as what it has been told to you by the individuals that have the Power of Attorney, correct? Ms. Weissenborn: That is correct. Right. Mr. Carollo: Just want to clear that for the record. Ms. Weissenborn: Again, that is correct. To my knowledge, that is correct. Mr. Gary: You did mention that you are going to submit an amended applica- tion? Ms. Weissenborn: An amended affidavit, yes. .32 ld MAR 2 41983 Mr. Gary: Affidavit - exactly. Ms. Weissenborn: And I will do that today. Mayor Ferre: All right, are you finished with your statement now? All right, Mr. Plummer, what do you want to do? Mr. Plummer: Mr. Mayor, as the City Attorney has said, we can proceed. Let's proceed!. Mayor Ferre: All right, let's proceed. Mr. Joe Matthews: Mr. Mayor and members of the Commission, my name is Joe Matthews of the law firm of Murai, Wald, Biondo and Matthews, 25 S. E. 2nd Avenue. We represent the Appellant in these proceedings, the Sunset Villas Condominium Association, Phase III, and the petitioners who signed the petition appealing this action - or excuse me the grant of variances by the zoning Appeals Board below. I have been before the Commission now, I think about eight or nine times, I am not sure, on this matter. Maybe it was five or six times. I think all total, I have spoken about ten minutes and what I would like to say is that I still am not really in a position to, be- cause I still do not know for sure what the plan is, because of the result of the points raised by Commissioner Plummer, not at the last one, but the one _ that it was put off from. There have been changes made to the plan. As I result, what I would request permission to do, is to make a very brief state- ment, because I did make an initial presentation of our position on appeal, and then I would like to request ample time following theirs to respond to all of the new matters that are raised, which I am not familiar with as of this point. What I would like to do is touch on a couple of procedural things and a couple of... Mr. Plummer: Excuse me, Mr. Matthews. Mr. Matthews: Yes, sir. Mr. Plummer: Just the point you make there - it is my understanding from the question that I previously raised that the application before the Commission today on your appeal is exactly the same was that heard by the Board, and the answer was to the affirmative. Am I correct, Mr. Whipple? So, I then have to question your statement that says that things have changed considerably, and if you have such items that you are aware of, that obviously the Depart- ments are not, I think it behooves you to bring out what those changes are, other than what was presented before the Board. Mr. Matthews: I will to the extent that I know of them now, and then I will comment on them to the extent that they are presented by them when I have an opportunity on rebuttal. Essentially, Commissioner Plummer, in terms of what transpired between the last meeting and the present meeting, aside from the harangue over the ownership, which I will touch on in a moment my understanding is that because when they went before the Z.A.B. and they pre- sented these beautiful renderings that showed the plans of seven seventeen story towers and the promenades in between and everything, they originally requested five variances. They found out by connecting them with walking promenades two stories high, that they could eliminate the necessity of two of those variances and so the only variances they needed at that point were the setback variances, the F.A.R. variance, which of course was the critical one, and'the high rise parking variances - those all remain the same. The difference is that as a result of them computing - their architect, as I _ understand it from the City folks, miscomputed, or miscalculated the F.A.R. that the plans they showed, required. The City Planning people kept saying "No, it is going to take you 1.55. It is going to take you 1.55". They said "No, it is only 1.44. That is all we are asking for". After they got it, after the Zoning Board essentially - and I think you all read the fact that Mayor Ferre kindly continued the reading when Mrs. Weiss cut it short, on what the Z.A.B. actually did. The Z.A.B. basically said "I vote we give them what they want". That is basically what the resolution said. It was passed that it was 1.44 and the Applicant had made a mistake. The plans, all of the plans they had submitted for seven seventeen storm towers, exceeded 1.44 F.A.R. So, after the last meeting, they went back and esentially they lopped off levels of the towers. They took one of the towers and dropped four stories off of it and they took two of the towers and dropped two stories off of that, so now instead of seven seventeen story towers, they 33 MAR 2 4 1983 ld 0 n, have three or four seventeen story towers, two fifteen story towers and one thirteen story tower - something like that. I don't know for sure until they present it, but my understanding is that is essentially what they have done. Now, that alters our position on appeal or not, I am not certain yet. I want to hear what they say. At least to the extent that you are presented with high rise towers that exceed the F.A.R., which is the primary objection that we have, and high rise parking structures that are not permitted under the zoning classification, our position remains the same that it is improper for the Z.A.B. to have granted those variances under the standards for granting variances and that the basis for our appeal is that that should be reversed, because the applicant below and the applicant here, despite all of the changes and despite everything that has gone on, has failed to even come close to satisfying any of the required standards for showing the need for a variance. Now, procedurally, we do object to this procedure whereby they went back and they changed the plans; they have cut off tops of buildings here, all after the plans and the variances that were presented to the Z.A.B. were approved and presented on appeal to this Commission. Secondly, up to this point I think that the Commission realizes that I, on behalf of my client, I don't have ever mentioned the ownership of this property. I never raised that issue. I don't think I have challenged that issue - I have never objected to their proceeding. However, at this point, having passed a resolution and an ordi- nance following it that requires disclosure, I cannot help, at this stage, but object to the farce that has been made of that, and I have to correct a statement that has been made. Nowhere in the disclosure materials is there any disclosure of the shareholders on Kean Enterprises. Kean Enterprises is a Panamanian corporation. You have the name of a resident agent. That could just as easily be Sherry Weissenborn or any other lawyer - and just to show you how easily it was a mere flip-flop of the names that lead to the first dis- closure being a lawyer, who when contacted, didn't even know what Keen Enterprises was, because it was one of a hundred fifty or two hundred corpora- tions that normal Panamanian law firms have sitting on their shelves. That does not disclose to this Commission anything at all about the ownership of that property. Now, I just simply want to point that out. We have never urged upon this Commission that position, that you have to require disclosure. We understand. I understand fully the purpose for it. I think you owe it to yourselves, because exuded tremendous integrity in your public lives to not allow the failure to disclose a zoning matter to potentially undo years of building integrity and I understand that to be the purpose of that resolution and that to be the purpose of that rule and all I am saying, on behalf of my client is that under the present status of this disclosure, it is a farce to say that it complies in any way with the purpose of that resolution, and therefore, we object to the disclosure, or I should say, the multiple dis- closures that have taken place, and I presume that when the present resident agent realizes the potential...Mr. Forescue?... whatever his name is - when he realizes that his name is just being used to support this application, when all he is doing is serving as a resident agent, which I am sure he does for a hundred other clients, I sure you may well find yourselves with a new name - I don't know. In any event, I can't leave without making that comment, because I was not the one who initiated that issue. Mayor Ferre: Mr. Matthews, you already said that four times. Go on to the next issue. Mr. Matthews: I am sorry. Thank you. All right, with respect to the present proceedings, I don't want to make a strong point of this, but I think it should be raised - it is my understanding from my client that there has been no notice to them sent out on this. Now, I hurry to say to you that I did definitely receive notice. I did - certified mail, more than adequate notice of this re- hearing. My clients tell me they did not. I just want to point that out. Mayor Ferre: You represent them, don't you? Mr. Matthews: Yes, sir. That is correct. I am stating that. Mayor Ferre: Next. Mr. Matthews: Before the last adjournment, there were efforts made, I think, to suggest that the motives of my client, in objecting to this was somehow an issue in this matter, and there were some references made to a lawsuit and so forth, and even some references made to fees. They are not at issue. I will not bore the Commission with curios except to say that there were numerous misrepresentations with respect to that and what I would like to do, 34 MAR 2 41983 ld as I turn it over to the applicant, is to refocus this Commission's attention on what truly is an issue in the granting of variances and this is particularly important with respect to the new changes that are being made in the zoning, because they are granting more opportunity for variances. There are six stan- dards for the grant of a variance. I mentioned these in my initial presenta- tion, and I would like to mention them again, because I would like the five of you to listen to the proposal and see whether any of those six, much less all of them, all of which must be satisfied in order to properly grant a variance, to see whether any of them have been satisffed by the present appli- cation. Number one. That special conditions and circumstances exist which are peculiar to that land, structure or building and which are not applicable to other lands, structures or buildings in the same zoning district. Number two. That the special conditions and circumstances do not result from the Applicant's own action. Number three. That a literal interpretation of the provisions of the zoning regulations would deprive the Applicant of like, commonly enjoyed by other properties in the same zoning district under the terms of these zoning regulations and would work unnecessary and undue hardship on the applicant. Number four. That the granting of the variance requested will not confer upon this Applicant any special privilege that is denied by the zoning regulations to other land, buildings or structures in the same zoning district. Number five. That the variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building, or structure. Number six. That the granted variance will be in harmony with the general intent and purpose of these zoning regulations and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Mr. Matthews: (con't) Those are what an Applicant for a variance should be addressing, not whether they are going to provide jobs for tradespeople; not any of the things that have been addressed; not the fact that they paid fees requesting this; not the fact that they have promised to build some structure on a public park. Those aren't issues involved in determining whether to grant a variance. What is determinative, are the standards that I just referred to and with that, I would like to await time for rebuttal to hear what they are going to say. Mayor Ferre: All right, Mrs. Weissenborn, it is now 11:35 A.M. I am pretty sure that we can safely say this matter is not going to be concluded this morning, because I think your presentation and his rebuttal and Administration and Commission's questions ... My question to both you and Mr. Matthews and to those that are here on this issue, is whether or not we should hear this this afternoon where we will have more ample time, especially since we have a re- quest here from Judge Milton Wallace, who has a conflict at 1:00 P.M. and he has Item Number 6 and then we have five requests on non-controversaial items, which I think we can get to very quickly before we adjourn at noon. Now, would you have any objections to that? Ms. Weissenborn: I have no objections to this afternoon. I am sure that my calendar is clean. Mr. Matthews: No, sir - no objections. Mayor Ferre: Is that all right with you? All right then, with your per- mission, we will then continue Item Number 1 in the afternoon session. ld MAR 2 41983 15. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 2629-2645 SOUTH BAYSHORE DRIVE FROM R-4 TO R-C. Mayor Ferre: I will take up Judge Wallace's item first, since he does have a conflict and is the only one that has a conflict. That is Item Number 6. Judge Milton J. Wallace: Thank you, Mr. Mayor. I will be as brief as possible. Mayor Ferre: Go ahead. This is Item Number 6 on first reading. This is the application of Lorna Robertson to change zoning at 2629-2645 South Bayshore Drive. Planning Department recommends denial. Zoning Board recommended approval 5 to 2. Mr. Luft, let's begin with you. Last time we got into this, we had a problem with access on Tigertail and they had proffered, as I recall, a hundred foot green area, or a green area of some sort, and that they would not have any access to Tigertail, and I think you were going to come back. Now, where does all this stand? Mr. Jack Luft: My name is Jack Luft, City Planning Department. Mr. Plummer: Excuse me. Mr. Mayor, in deference to my friend, Milt Wallace, I know that there were some people here on this item, in particular, and namely, Mrs. Duval, and she is not here. She has been to my office on a number of occasions and I don't want to have to face that woman that we did something after she left. Mayor Ferre: I see that some members of the Tigertail... Mr. Plummer: Is Mrs. Duval...She is not planning on coming back? Okay. Mayor Ferre: Will you be representing the Tigertail group? Mrs. Norma Post: Yes. Mayor Ferre: Why don't you come up and say that into the record so we have a clear statement of that. Mrs. Norma Post: It has gone on for so long and we had thought about 10:00 o'clock it could be heard, so people had to leave. They had appointments. Mayor Ferre: We need your name and address. Mrs. Post: Norma Post, 2061 Tigertail Avenue, and I am here - it is already in the record that the Tigertail Association, the Coconut Grove Civic Club protested this. The Tigertail Assocation protested it and we had several petitions and have more petitions from the neighborhood. Now, do you want me to continue before...? Mayor Ferre: No, Ma'am, I don't. I just wanted you to say on record your name and who you represented. Now, we will go back to Mr. Luft. Mrs. Post. All right. Mayor Ferre: You will have your opportunity in just a short while. Mr. Luft: The Department's recommendation is still for denial of this item. However, as you mentioned at the last meeting, there was a discussion of the covenants and there were points made by the Department with respect to our concern over that covenant. Subsequently, the Department has met with the Applicant and we have discussed a revision to that covenant and if it be the will of this Commission to grant the zoning change, then we are pre- pared to state our support of the covenant as it has been written and I understand Mr. Wallace is prepared to present today. Mayor Ferre: What I would like to do and I would like for the Tigertail and the Civic Association people to listen now, because we are going to see XC Id NAR 2 41983 n if there is a covenant that is being proffered and what it covers specifi- cally and then, Mr. Luft, 1 want your reaction and then I will open it up for discussion with the civic groups. Judge Wallace: Mr. Mayor, I am Milton J. Wallace, 330 Biscayne Boulevard, Miami. We have proffered a covenant that is a very, very small strong cove- nant. There is no access to the property from Tigertail. There is a 100 foot landscape buffer strip at the Tigertail side of the property. In addition, if the City ever changes the zoning in the block under the conve- nant, the property owner agrees not to contest the change in the zoning. In addition, if it is zoned so that residential use would be permitted at the rear of the property without taking away from the F.A.R. for the entire property, the owner of the property affirmatively agrees to go and develop the property in a residential fashion. I would like to point out that on the next block, the City accepted on Lots 6, 7 and 8, a covenant where virtually the identical conditions exist, but our covenant is substantially stronger and more in the interest of the Tigertail residents and in the city than in the covenant that was previously accepted, because that covenant allowed access for certain purposes and that covenant did not require the residential use for the property, if it were ever rezoned in the future to permit it, so we have shown good faith and have tendered a very strong covenant that Mr. Luft negotiated very strongly on behalf of the City. We agree to these points and we think that this conversant will give the Tigertail area more protection than exists currently, because what is there right now is an unattractive apartment building. That would be replaced with a landscaped buffer strip. Mayor Ferre: All right now, are you finished? Judge Wallace: Yes, sir. Mayor Ferre: Back to Mr. Luft. Mr. Luft: Well, Mr. Wallace did not read the precise terms, but I am pre- suming that the convenant that he has signed and presented to the City Clerk and which I have on record in my file is one and the same and... Mayor Ferre: This is on First Reading, so I would assume that by Second Reading, you would have every "t" crossed and every "i" dotted. Mr. Luft: That is correct. Mr. Wallace has proffered the covenant. The Law Department has reviewed it. The Department has reviewed it and if it is the will of the Commission to change the zoning, these are the terms that we would find as acceptable in protecting the substantial public interest involved here. Mayor Ferre: Now let's hear from the civic associations. Mr. Plummer: First, after they read the covenant. Mayor Ferre: Ma'am, have you and the people you represent in your associa- tion seen the covenant which was proffered? Mrs. Norma Post: Yes, I have it before me and that is the first point that I was going to discuss, because Dennis King has looked at this and there is one particular portion here that worries us? Mayor Ferre: Go ahead. Mrs. Post: This is Item 3 which begins: "This covenant will not be valid unless accepted by the City and shall remain in full force and effect unless the City consents to the termination hereof." "Unless the City consents to the termination hereof" - in other words, it does apply and then in some future meeting, we can come down and find out that the City of Miami has decided that this conversant doesn't apply. Mr. Luft: What that means that if the City comes back with a Zoning Over- lay District to aecomplish these purposes on an area wide basis for all of the properties along Bayshore and Tigertail, as opposed to just Mr. Wallaces, that would obviate the need for a covenant. It would render the covenant moot 3'7 id MAR 2 41983 0 0 Id and the City could then at that time terminate the covenant and replace it with this new zoning district, which would accomplish the same thing. Mayor Ferre: Now, let me put it to you this way, and City Attorney, please correct me if I make a wrong statement. With or without that particular paragraph, the law is the law, and that could be done with or without that paragraph, is that correct? In other words, obviously the City Commission - some future Commission comes back and does what Jack just described, then it makes that whole thing a moot point and it dcesn't mean anything. If you just take that paragraph and wipe it out, that doesn't wipe out the law. Mrs. Post: What law are you referring to? Mayor Ferre: Mr. City Attorney, elaborate. Mrs. Post: Sorry, I got lost somewhere. Mr. Garcia -Pedrosa: Yes, Mr. Mayor, you obviously have the right in the future to makes changes, and that is one of the changes that you can make. Mayor Ferre: Not I. Mr. Garcia -Pedrosa: Well, the Commission. The body politics that accepts this document today and which lives in the future can make changes in the future. Mayor Ferre: The point is that a future governing body (future Commission) can at any time make any decisions that it pleases in its majority, provided it is within the Charter and within the law -change any of this, and what that statement says is that if a future Commission does that and makes it moot, the City of Miami can wipe out...in effect, it really restates what is obvious anyway, and it doesn't mean anything, frankly. Mr. Plummer: A key factor though, is that I heard Mr. Wallace state that in- cluded in the covenant was that if the City so chooses, that the owners will not resist the City's... give me that again, Mr. Wallace. Mayor Ferre: Rezoning of the area. Mr. Plummer: Well, that the owners would not fight it. Mr. Wallace: That is correct. Mr. Plummer: Read that into the record. Mr. Garcia -Pedrosa: I've got it here, Mr. Vice -Mayor. Mayor Ferre: Go ahead. Mr. Garcia -Pedrosa: "The owner agrees to (a) not object to the future re- zoning of the subject property to R-4 and (b) will develop the subject pro- perty in accordance therewith." Mr. Wallace: This is paragraph four. "In the event the City of Miami amends the zoning code so it is the same F.A.R. and currently zoned R-C4 for the tract as we permit, that the entire tract rezoned R-C, the owner agrees to (a) not object to the future rezoning of the subject property R-4, and (b) will develop the subject property in accordance therewith." Mayor Ferre: See, these are all clauses that are really protective to the City. Mrs. Post: Yes, but it means...when is the City going to take care of this matter of the R-4. I mean, we are leaving this meeting now. That means we have to come back months and months and months after months? Mayor Ferre: I can't guarantee that. Nobody here can guarantee that. I can't guarantee that the year 198.... Mrs. Post: Well, we are giving the developer everything he wants. 38 MAR 2 41983 Mayor Ferre: No, Ma'am, look. There is no guarantee that in the year 1987, or 1990, a future Commission may want to do something else. Mrs. Post: Well, why doesn't he say that? Mayor Ferre: I didn't say what? There is no guarantee. I can't guarantee you that this won't come up again in another year, or ten years. I can't guarantee that! Mrs. Post: You can't guarantee me that it would revert back to R-4. Mayor Ferre: There is no way that I can tell you that: any laws of the City of Miami, including zoning laws are chiseled in stone forever. There is no guarantee! We don't live in that kind of a country. Mrs. Post: I know. That's why I am here. Mayor Ferre: Now, there are countries where, you know, people have those kinds of guarantees with guns, but we, in this country don't have guarantees like that, and this is an open society and governing bodies can change laws, including zoning laws. I can't guarantee you that some future Commission won't change that. Mr. Carollo: I disagree with you a little bit, Maurice. In this country some people don't use guns. They use ink and paper. Mayor Ferre: Oh. Ink and paper. So, the point that I am trying to make to you is, that as of right now, what we are doing is safe guarding, as best we can, should this be voted on. I don't know whether it is going to be voted on, but if that covenant is proffered, it is a legal document that protects, in our opinion, and in the opinion of Jack Luft, the neighborhood and the City and our interests as best we can. Mrs. Post: Who enforces this covenant? Mayor Ferre: The courts of the United States...the courts of the State of Florida. Mrs. Post: In other words, if this covenant is broken, then it is up to us to go to the courts? Mayor Ferre: The City of Miami Law Department would enforce it by taking him to court and saying that they are in violation of a covenant under the law. A covenant means it is an agreement between these developers, represented by this attorney and the City and they are binding and saying "This is what we will do". Now, if they break that, they are violating the agreement. They have violated and therefore we can take them to court. We can, the City; you can as a citizen, if we don't do our job. Mrs. Post: My other question is this new zoning that so far we have been reading about, where there will be a lessened requirement for parking. May 15th, I think is the date in the paper when they said this might be applica- ble if the City decides upon it where there is less required parking, which would in effect, create greater density for the developer. So, this property would be subject to that then when this is approved. Mayor Ferre: Mr. Luft? I don't think so, but let's get that clarified. Mr. Luft: The parking does not in any way change the size of the principal building. It doesn't change the density or intensity of the principal structure at all. Mrs. Post: But the land requirements does. Mr. Luft: No, the land requirement is the same. It just says if you build a 40,000 square foot structure today, you have to have a hundred parking spaces, and under the new ordinance, if it passes and applies here, you would still get no more than 40,000 square foot structure, but you may only have to provide eighty parking spaces. Okay? That is the difference. Mayor Ferre: Yes, now, we are not going to get into that right now, but Mr. Manager, this afterndtin, I do have a statement about the article that was in the Miami Herald on it - I think Monday, with regards to the new zon- ing law. And I have some very serious and grave concerns as to where we are heading if what that article says is tThat is a very critical thing ld t7 MAR 241983 AV ON and I think we need to talk about that. Mrs. Post: I think so, because... Mayor Ferre: We may have to string and quarter Dr. Bartley. Mrs. Post: You know, we are reaching a stage which I don't understand and that is where we are listening to people tell us that we must accomodate these developers. We must let them come into a community that is residential and build the highrises as high as they want to, with as great a density as they want. They have the rights in this community and we who have lived here for many years and want to live here, we haven't the right anymore. We are Put in the defensive position and wasting hours of time of the City Commission, which I resent, as well as my own time, coming here on every single matter, because every point can be challenged and this is another example of it. We are again in an area of uncertainty. We are at the mercy again of the developer who is going to come and bring some other reason - not hardship. They bought the property and paid a price for R-4 zoning and now we this we are going to suddenly increase the value of their property and their profit without them having done anything, which I think is unfair. If I were people in the Grove who owned commercial property and had been paying taxes on commercial proper- ties for years, I would very much resent this. And it also is for speculators to come in and say "Now, let's get into the Grove. We are going to buy resi- dential property, because the City, in the accomodation of the developers, be- cause they, the minorities, the developers, are more important than the citi- zens of the community. We have to give them this additional property, so they can build their high rises and build whatever they want. We have to accomodate them". You know, perhaps to better make you understand the way I feel, is that King Midas is still reigning here, where everything is being turned to gold. We are going to turn the trees to gold, the birds to gold and the food to gold, because when you have ulcers and you have cancer, the food may as well be gold, and this is what is happening in this community and if we are not going to... Mayor Ferre: Is that happening in any other community? Would you believe that it is happening all over California? Mrs. Post: This is a unique area! Mayor Ferre: It is happening all over Arizona, in California and Boston and Atlanta, Georgia.... Mrs. Post: You know, Mayor Ferre, there was the age of enlightenment. There was the age of innocence and this is the age of insanity! The reasoning that you are giving me, because the people in Chicago.... Mayor Ferre: .... North Carolina... Mrs. Post:....and in New York are crazy, I have to be insane! Well, I am not, and I don't intend to accept any such rationalizations. Mayor Ferre: The only place... Mrs. Post: If they want to spoil their communities; if they are apathetic; if they are crazy, which I think people who are destroying the quality of living immediately around them - more polution, more traffic, greater density; we are chasing the birds out of the community - they have more sense. I have a friend who moved to a condominium. She said that the thing that I missed the most are the birds. They don't want to live here either with your high rises. This is ... you are talking insanity to me - not sane. Mayor Ferre: For the people that are moving out, where do you recommend that the people who can't stand this insanity, that want to move out, where do you recommend that they move to, where this doesn't occur? Mrs. Post: This is a unique community. We have a unique climate...I don't want to leave. I don't want to leave. I like it here! Mayor Ferre: I am,,not asking you that. I just happen to be sick and tired of people coming here to lecture me and give me sanctimonious... WE MAR 2 41983 ld Mrs. Post: What we would like... Mayor Ferre: Excuse me, Ma'am. I didn't interrupt you. Let me make my state- ment and then you can castigate me, okay? Mrs. Post: No, I don't mean to castigate you. Mayor Ferre: No, now, let me tell you. I am just sick and tired of people coming here with sanctimonious statements about the sacrosanct nature of this area or that area, and how we are bending down on our knees to all developers and destroying this area. Now, I want to ask you, not for you, since you are not leaving and don't want to leave - for those that are leaving, for those of your neighbors and associates who feel, who are so horrified by all of this - would you tell me please, where you recommend that they can go to to be safe from these horrible changes that are occurring. And the problem is, you see, and I am not justifying any of it, but I am saying that there is no place where you can be safe. That is like telling me, "Where can I go and be safe from a nuclear holocaust?" I don't know! See, my children want to go up to Vermont. Well, they are not going to be safe in Vermont. And some of the other children want to go to some island in the Caribbean, but they are not going to be safe in the island in the Caribbean. See? Unfortunately, we live in a very complicated world. The only place that I know of where this is not a confrontational problem, is Houston. And in Houston it is not a problem, because there is no zoning! You can build anything you want, any- where you want, any way you want. Okay? And unfortunately, we live in a very, very complex world. Now, you are entitled to your opinion; I am en- titled my opinion. Now, I submit myself to the electorate every two years. Now, that doesn't make me right or wrong; it doesn't make me right or wrong. They submit themselves to the electorate every four years, but once they get elected and once I get elected, then I have the burden and the difficult task of making decisions. I make a lot of wrong decisions and I accept that. I want you to know that I am, and I think every member of this Commission is trying to make the very best decisions that we can. Now, I am not telling you how I am going to vote, because I have not made up my mind on this point, and as you know, at the last Commission meeting, it was yours truly; it was yours truly that put up the fight for the question of the hundred foot setback and the access to Tigertail. Now, these people have come up with a covenant. All right now, this is First Reading. You will have a second chance to discuss this. I really want to please you, as best I can, because I think you are essentially right. Now, what I need to know from you, and from the people that are here, is whether or not, in your opinion, not by lecturing me in the philosophy of the degradation of quality of life in Coco- nut Grove, or on Tigertail, but rather, whether or not you think this begins to answer some of the concerns that you have, and if it doesn't, why not? And then, based on what you say, and what he answers, I will make my...I, for one - voting for one person out of five, will cast one vote in judgment. Mrs. Post: All right, may I just briefly answer you. Mayor Ferre: Yes, Ma'am. Mrs. Post: First of all, I used these examples from the point of view; for enlightenment more than chastising, if you want to look at tnat way - tor enlightenment, because sometimes we don't realize that what we are saying and what we are doing is not sane. Secondly, the nuclear holocaust, I don't have control over here. I don't have control over some of those acts of God, but, my zoning - housing, what this community is going to be is up to us to decide - all of us here to decide! And we have control of what we are going to have here. You have control and we have control. You can't say that if something by an act of God or a nuclear fusion... Mayor Ferre: Absolutely not! Mrs. Post: And that is what we are trying to make you aware of.... Mayor Ferre: Yes, Ma'am. It controls three votes. Mrs. Post: .... what you have. You have something precious, more precious than all the gold in the world is the quality of living - the trees, the air, and everything, and we cant seem to make people realize that you are destroying the future. You are destroying something unique. It is already gone in ld 41 MAR 241983 ld New York; it is gone in Houston, but we still have it here, and we can please hold on to it. If Mrs.- Robinson wants to live in Gables Estates, fine. Enjoy it. I have one -tenth of what she has. I enjoy it maybe just as much as she does here. Let her permit me to enjoy my life and...Good luck to her! Mayor Ferre: Can we speak specifically to the issues now? Tell me specifically on the document that you have in your hand, if you have any objections to any Of those covenant issues - if you think that they need to be expanded, or if there is something that doesn't quite cover what you think it needs. Mrs. Post: Well, I think Mrs. Duval, in a statement that she has written to somebody else to read points out that putting a garage in an R-4 zoning is not R-4 zoning, even an underground garage, and one point that Mrs. Duval had mentioned, I might bring up too is when we are going to change this, by some luck and hope and prayer, back to R-4 zoning, what taxes is this developer going to pay for his commercial use property if it is zoned R-4? Mayor Ferre? That one is easy. What it is zoned has absolutely nothing to do, and I want to tell you from personal experience, that I have gone through that one many times. The Tax Assessor assesses what is there, not what is zoned, and if there is an apartment building there, or commercial property, they pay taxes based on what they have, not on what it is zoned. Mrs. Post: Well, I am very fearful, and I just wish that we could stop wasting everybody's time, and yours too! I respect your time too, but if we could finally give a message to the developers to leave this area alone. It is unique, and I this, to me, I don't see any protection for us. I wish we could leave R-4 alone, because that is where the nuclear holocaust starts - right there, and it just goes right down the street. Mayor Ferre: Ma'am, I wish...I want to tell you that I agree with you, and I wish that it were possible, in this democracy of ours to be able to do that. I just don't ... I want to tell you, I am not an expert and I have not been to every community in this country, but this is a problem in every single place that I go to, and I ask the Mayors of these little towns in California and Oregon - all over the country, okay? ... and Connecticut, in New Mexico, up in Vermont, where I live part of time... and I ask them "What happened here?" It is always the same story. Now, you know, we live in a society, unfortunately, where, supposedly, people are free to do these things under the constraints of government. Now, in a more autocratic democracy, and there are democracies like France, where this doesn't happen. It just doesn't happen, but in a more open society like America, it does happen, and unfortunately, developers do have certain powers and involvements and interests. They hire attorneys and architects and they take beautiful drawings and they come up and they...but it is not a unique thing to Miami, to Coconut Grove, or to Tigertail. It is all over the country, and I don't know of a place, really, where to a lessor or a greater degree...it may be occurring greater in Dade County and in Broward County than it does in Fort Meyers, or in Tallahassee, but it is a problem that is afflicting all of us. Now, you know, we just need to do the best we can, and we are going to try to to that, but we need to get specific, but you can't do it on a philosophical basis. We need to get... Mrs. Post: Why, in this specific case - why do we have to grant them this change? What is the hardship? Why? Mayor Ferre: We don't. We don't have to grant them this change. Mrs. Post: Well, I have heard from the Commissioner who said that we have to do this for the developer, otherwise he is not going to accomodate us. Mayor Ferre: Who said that? I haven't heard anybody make that statement here. We don't have to grant anybody anything. Go ahead, Jack. Mr. Plummer: This is not a variance. This is a change of zoning. Mr. Luft: I would like to point out for the citizen's benefit and for the Commission exactly what in terms of Mr. Wallace's covenant is accomplishing here. Although the Department has opposed the zoning change, we understand that the Commission has (although, they haven't voted yet) the sense that we 42 MAR 2 41983 . 1 0 0 are getting from the discussion is that the Commission feels that the property has been divided in half by the zoning line and that the developer ought to have the right to treat the property as a whole, rather than two pieces, and the basis purpose of a zoning change is to allow that residential portion to be counted toward an office structure, so that it is not cut in half for two different types of development. What this covenant provides for and what we would be seeking to do for all of the properties on Bayshore Drive so that this can be a uniform application, would be to provide for at some future point, the R-4 to remain on Tigertail, just as it is today... Mayor Ferre: What? Repeat:that. Mr. Luft: The R-4 residential zoning to remain on Tigertail as it is today, but through the overlay district that is there now, we can fashion a provision that will allow that R-4 property be counted toward an office structure on Bayshore, which is what Mr. Wallace has sought for his client and which is what he agrees is their basis purpose. That leaves for residents the R-4 intact on Tigertail. That leaves all of the basic guarantees and safeguards that we sought through our zoning to protect that neighborhood, but it gives the property owner the right to consider that property as one whole for develop- ment purposes, and that is the direction we are headed with this. Mayor Ferre: I want to place into the record a statement, so I want to make sure that as long as I have a vote on this Commission, I will never vote for any egress at any time for any of these commercial properties on Tigertail, and I will never vote for anything that does not create a hundred foot minimum green buffer, and I think that... that is something that I am placing into the record. Judge Wallace: I think, Mr. Mayor, that the problem is that the people don't understand that you have accomplished that by getting this covenant from the developer. Mayor Ferre:- Now. Milton. you see, the problem is much worse than that. The problem is that Coconut Grove has been a residential neighborhood for many, many years and these people have lived in a beautiful, quiet. residential area of single family homes and what is happening, of course, is that developers are coming in and buying land along Bayshore Drive, and it is changing the charac- ter of Coconut Grove. There is nothing that they, or I, or the newspapers, or this Commission, or anybody can do about it, because it is a natural conse- quence of the economic growth of an area, and nobody likes change, especially when you have a very good thing going for you and Coconut Grove has been a good thing going for us, but it is in the midst of change, and people don't want the change, but there is nothing that we can do about it. You know, un- fortunately, there is absolutely nothing we could do about people buying land on Bayshore Drive, or downtown Miami and putting up buildings. Now, what we can do is, we can try to make sure that what they do is compatible with the neighborhood as best we can, and that is what we are trying to do here, and you with your covenant are achieving, I think are achieving that, because you are precluding on a voluntary basis certain things from happening, and I think you are giving to the City more restrictions than we would normally have. Judge Wallace: Exactly. Mayor Ferre: So therefore, I think we are achieving something by the acceptance of this.. Judge Wallace: For example, right now a high rise office building could be built on Bayshore Drive with access through Tigertail. Mayor Ferre: See., the people don't want to accept things like that, you know. Judge Wallace: That is the reality of what is happening. Mayor Ferre: Don't give me the facts - I don't want to...you know, human nature! Mr. Carollo: Mr. Mayor, it is past noon now, unless we are going to come to a vote on this now... Mayor Ferre: Anybody else want to speak on this issue? Yes, Ma'am. Jack, would you let the lady make the presentation? Id 43 MAR 2 41983 M LJ -n Unidentified Speaker: ten. Mrs. Duval has asked me to submit what she has writ - Mayor Ferret All right, Ma'am. Unidentified Speaker: She would like to know the following: Number one. Is this R-4 combination with commercial privileges a precedent setting decision, or is it already in effect through- out Miami? Number two. What will be the tax basis for this R-4 zoning pro- perty which is commercial in privileges? Number three. What is the prevent the commercial parked car using the R-4 driveways to exit or enter the R-4 property abutt- ing Tigertail? Number four. Is it the policy of Miami zoning that any commercial property in Miami adjoining R-4 in a street to street situation, can have the same commercial concept apply in any similar situa- tion. Mayor Ferret All right, you have asked four questions. Do you want me to answer those now? Unidentified Speaker: Yes. Mayor Ferret All right, Jack, you have got to help me on this now. The first one is precedent. Is there a precedent set by this? Mr. Gary: It is in the covenant. Mayor Ferret The answer is that we have done things similar to this in the past. This is not the first time, so therefore, if there is precedent, it has been set in the past. Mr. Luft: That is true. The primary precedent of course, is for the other properties on Bayshore Drive. Mayor Ferret In other words, it has been done before. Mr. Luft: Yes, in a similar fashion, but we would expect this approach to be applied to all of the properties on Bayshore Drive in that similar district. Mayor Ferret In other words, these are more restrictions than have been proffered and have been accepted in other properties. Secondly, with regards to the tax. Unidentified Speaker: Clarify that one point. Mrs. Duval said she wanted to know for instance on 8th Street - if she owns the property on 8th and she owns the property on the other street - the other street is residential now. Can that be changed to commercial? Mayor Ferret The answer is "no". Unidentified Speaker: Why? Mr. Plummer: Well, excuse me. That happens to be exactly the case with Mrs. Duval. Her hardware store is on 8th Street and she has been trying for years to get some property that abutts on 9th Street, where she owns some houses converted over to the use for commercial. That happens to be exactly her particular case. The answer is, there is nothing to prevent her from applying. She can apply. Whether or not it would.be granted, is a different story. Now, when they have talked to me in the past, they have talked about the possible use of the 9th Street fronting property as parking, okay? ... because they own I think either one or two houses behind the hardware store, and you know, there is nothing to prevent them from applying. Mayor Ferret Now, with regards... Unidentified Speaker: This would apply to that? Mr. Plummer: She could apply. MAR 2 41909 "" ld 44 44 0 Mayor Ferre: As far as I am concerned, this means that they have a benefit and advantange and that they are giving up something on a voluntary basis with this covenant. What they are giving up is access forever on Tigertail. That is what I understand out of this. Mr. Plummer: Well, look, I think for the record, what you are trying to do is to clarify. Under present law today, if they build on the RC, they can go in and out Tigertail. Mr. Jack Luft: No, they cannot. The R-4 zoning.... Mr. Plummer: All right, the R-4, then. Mr. Luft: The R-4 zoning prevents commercial traffic from the R-C going through it. Mr. Plummer: But if they build on the R-4.... Mr. Luft: If they build residential on the R-4.... Mr. Plummer: They could build a high-rise. Mr. Luft: No, they can only build four stories in the R-4. Mr. Plummer: O.K., four stories, they can build an apartment house, which would generate traffic on to Tigertail. Mr. Luft: That is correct. Mr. Plummer: Then by virtue of this there will be no traffic generated on Tigertail.... Mr. Gary: Right, you are right. Mr. Plummer: ....from this project. Mr. Luft: From the commercial project, from the office building on Bayshore. Mr. Plummer: NO, no, more than that. Mayor Ferre: From any project. Mr. Plummer: From that project, period. If they are giving here on this covenant, which I am reading, on that 100 feet they have no ingress or egress. Mr. Gary: At anytime. Mr. Plummer: That is correct, at any time. Mayor Ferre: At any time. Mr. Plummer: They will have zero traffic from this project predicated on this covenant. Mayor Ferre: Let the record reflect that is the legislative intent of what we are doing here. Mr. Gary: That is the covenant, into the covenant. Mayor Ferre: That is the covenant. Now, the last question is, is this a matter of policy in the City that any R-4 and commercial property that are side by side will have this privilege. That fines back to the first question. The answer is no. The answer is that tack case must be taken case by case; one at a time. Now, can we move along? 45 sl MAR 2 41983 Unidentified Speaker: There is just one thing, when we are talking about the Grove, we are asking that you realize that every time you put up a public building, you are throwing more and more traffic between 22 Avenue and 27th. You protected your area. People, I have been told, don't turn off Bayshore on to that area up in through there on the other side of 22nd. But we, on this side of 22nd, from 22nd to 27th, get all the L:affic. That is why we are beggin you to realize that every time you condescend to another developer putting up another high rise, another office building, y311 are throwing more and more traffic on to us. We don't want to give tip our birds, our houses; we don't want to get out. People don't want to get out of our area. Some of them have been forced to because, as he said before, every time a tax assessment comes up, we are assessed on the property that was sold someplace else, whether it is Lincoln Avenue or Swanson Avenue. We are all in the same category, and our properties are valued according to that. Mayor Ferre: Look, I'm moving into that area, so I have an interest just as much as a citizen as you do. Unidentified Speaker: But you are protected because you are on the other side of 22nd Avenue. Mr. Pltimmer: No, not at all. Unidentified Speaker: He's on the other side of 22nd Avenue from Lincoln. Mr. Plummer: I beg you to stand at the intersection of Tigertail and Halissee any day of the week and look at the amount of traffic that is on that street. It is unbelievable! My dear, they.... Unidentified Speaker: It is on Lincoln, Tigertail, or any of them. Mr. Plummer: ....cut long before 22nd Avenue. Mayor Ferre: Let's get on with the.... Mr. Plummer: They cut over at Bay Heights. Mayor Ferre: Any further discussion from members of the public? If not, are there any closing statements, counselor? I hope not. Mr. Wallace: I'll waive in the interest of time. Mayor Ferre: Do you have any closing remarks? All right, questions from the Commission? What is the will of the Commission? Mr. Plummer: Mr. Mayor, I want clarification. Mr. Wallace, Mr. Gary says we are protected, but I want to hear if from you on the record. It says that this will be used as a permanently maintained landscaped buffer. Am I to assume correctly that you, the developer, or a representative of the developer will do the maintaining? Mr. Wallace: Absolutely. Mr. Plummer: It doesn't state that. Mayor Ferre: Anything else? Any questions, statements? Mr. Garcia -Pedrosa: Yes, Mr. Mayor, if you are going to consider this in the light of the covenant, I would suggest and strongly recommend that the ordinance be amended by adding the words at the end of the operative language, "subject to the attached covenant which the City Commission accepts." Mayor Ferre: Of course. Mr. Garcia -Pedrosa: Because that is not in the ordinance now. Mayor Ferre: Voluntary covenant, which the City Commission accepts. He is proffering it vol*ntarily. Where do we stand now? What is the will of this Commission? sl 46 MAR 2 41983 Mr. Plummer: There is no further discussion; it comes to a vote. Mayor Ferre: Is there any further discussion on this item? Any questions? Any statements? Is there a motion? One way or the other? Mr. Plummer: Everybody wants to go to heaven but nobody wants to die. Mayor Ferre: You ought to know. Mr. Plummer: Mr. Mayor, I have all of the tickets. I'd like to believe that. Mr. Mayor, I have said from day one, that we cannot stop progress. Progress is going to go on. Hopefully we can have something to do with orderly process of progress. I think this goes a long way, this covenant in helping to bring about an orderly progress. I understand the plight of the neighbors. To some extent, I am a neighbor. But I also understand the rights that this developer and others have, which to me would be more detrimental if they built as they could than that which has been worked out in this voluntary covenant. From the fact that there could be vehicular traffic on to Tigertail from a four-story apartment house, there will be absolutely no vehicular traffic, none. I have said before, that if I were to live across the street on Tigertail, and I had the opportunity to either look over across the street at a four story apartment house or a maintained 100-foot buffer, I would take the buffer. Mr. Mayor, I think this is a step in the right direction and on first reading I move its approval. Mayor Ferre: Is there a second? Mr. Carollo: Second the motion. Mayor Ferre: Further discussion? Read the ordinance. Did you amend that by adding the.... Mr. Garcia -Pedrosa: Yes, sir, I did. Mayor Ferre: Further discussion? Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF NEW BISCAYNE AMD (B-16), THE NORTHERLY 220' OF LOTS 3 AND 4, BEING AT APPROXIMATELY 2629-2645 SOUTH BAYSHORE DRIVE FROM R-4 (MEDIUM DENSITY MULTIPLE DWELLING) TO R-C (RESIDENTIAL OFFICE) SUBJECT TO THE ATTACHED COVENANT PROFFERED VOLUNTARILY BY THE OWNER, WHICH COVENANT THE CITY COMMISSION ACCEPTS, AND BY MAKING ALL THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer, and seconded by Commissioner Carollo and passed on its first reading by title by the following vote: AYES: Commissi 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. sl 4' 1 MAR 2 41983 n 9- 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. THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF RECESS AT: 12:22 P.M., RECONVENING AT: 2:30 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT FOR: Commissioner Joe Carollo and Commissioner Demetrio Perez, Jr. 16. BRIEF DISCUSSION ITEM: PROPOSED CABLE T.V. LEGISLATION. Mayor Ferre: Mr. Manager, on the record, before the missing members arrive here, as you know I went up to Washington a couple of weeks ago because the National League of Cities has a subcommittee working with Charles Royer, the Mayor of Seattle on Cable Television. As I understand it, our best interest is served by there being no bill. But unfortunately there is a bill. It's Senator Goldwater's Senate Bill No. 66. The Chairman of the subcommittee on Cable Television in communications, Congressman Tim Worth of Colorado said that they would in the subcommittee accept the compromise between the industry and the National League of Cities. Now, I have a letter here from Mr. Alan Bios, Executive Director of the National League of Cities informing me, and through me I am informing the Commission, that they are very pleased with the compromised agreement. They are pursuing it vigorously. If we are not pleased, and I understand that we are not. We need to address the issue formally and in writing. I'll be happy to sign it on behalf of the City after you have done the work, or somebody has done the work to put it together. So, Mr. Clark Merrill needs to address this matter right away. I also have the City of Lakewood, California, the City Manager, Mr. Chambers, has written a letter to the Office of Federal Relations, National League of Cities, since he opposed, asking clarification. We need to do that. I just want to on the record say that if we are going to be opposed to this legislation, Clark, if you will give this to the Manager. Mr. Gary: Mr. Mayor, Clark will give you a short report. But just in terms of brief overview, we are not satisfied with the compromised agreement. Mayor Ferre: We are, you say? Mr. Gary: We are not. We are on the impression that there are a considerable number -of cities who feel the same way as we do. As a result, these cities have joined in a coalition and our staff -person, Sue Smoller, who is a reknowned person in Cable T.V. is up in Washington now with an alternate plan. We have prepared and you should have coming to you very shortly, a letter for your signature to be shipped Air -Mail, Special Delivery, as representative of this City, and also as a person who is a part of the National League of Cities Committee responsible for Cable T.V. I would like for Clark Merrill to expound further. Mayor Ferre: I think the problem is this is all coming to a head very quickly now. Mr. Gary: Yes, sir. 0 MAR 2 41983 sl V 0 Mayor Ferre: We can't just idly sit by. Mr. Clark Merrill: We are not. Mayor Ferre: Or all the work that we have done is for naught. Because we are just playing games with ourselves and all of a sudden, everything that we worked so hard to accomplish and get will be all wiped out. Mr. Gary: Let me just give Clark some direction so we won't spend too much time on this. Basically I would like for Clark to tell you what the original Senate bill would have done in terms of our authority and power. Secondly, what the compromise bill would have done. Thirdly, what we are proposing. Mayor Ferre: Very quickly. Mr. Merrill: I think I can do it a little bit shorter than that if I give you the copy from the American City's Weekly, which I can make very quickly for you, which demonstrates what the League of Cities is doing in that it takes away from the city the regulatory authority on several issues. The letter that I just handed to you is a response to what the National League of Cities is doing. We are in Washington with about 20 major urban cities today forming a coalition to develop the concerns as the result of the negotiation so that we can prepare a proper response, both to the National League of Cities and to deal with the issues as they affect Miami. Mayor Ferre: Because not all cities have the same situation, this may be very nice for the City of Seattle and Mayor Royer, maybe protecting his people, but it doesn't protect the people of Miami or this Commission or the Administration for the work we did. Mr. Merrill: Exactly, and we have Mark Israel helping us in Washington to develop that issue with us through the National League of Cities and with this consortium of major national urban cities that are also concerned, the same as Miami. Mayor Ferre: When I went up to Washington I met with a gentleman who does this for the City of New York. I assume that New York is in the same position that Miami is. Mr. Merrill: Yes, sir, they are. Mayor Ferre: I have always had this problem, and I know that J.L. is National League oriented, because most cities are smaller cities and members of the Commission function through the National League of Cities. However, Miami is one of the strange situations where we really are more represented by the National Conference of Mayors. The problem with that is that represents big cities. Usually, it is the Mayor of Chicago, New York,San Francisco, what have you. Therefore, the City of Miami has never been too overly involved. I, frankly, have never found too much time to be chasing after all of that, so I have stayed away from it. But the problem is that the National League now is doing something that is really against the best interest of the City of Miami. Question: should we be pursuing this through the Conference of Mayors? Mr. Merrill: Yes, sir. Mayor Ferre: Because they have a more big -city approach to things. Mr. Merrill: Yes, sir, we should be. We are. Mayor Ferre: We are? What does that mean? Mr. Merrill: That means we are dealing with the staff on the National Conference of Mayors. sl 49 MAR 2 41983 Mayor Ferre: Are we going to get the National Conference of Mayors to take a different position? Not we, because we don't have that kind of power, but the Mayor of New York and the other big city mayors do (Boston and what have you). Perhaps we can impact and get the Conference of Mayors to take a different position than the position taken by the League Of Cities. Mr. Merrill: What happened in Washington was less than two weeks ago. There has been a national ground swell from many, many cities across the country that are in disagreement with what the National League of Cities has negotiated with the cabletelevision industry. We are developing some information for you so that the City of Miami can take the proper position. We are attempting to protect the best interest of the City on this issue. Mayor Ferre: Mr. Manager, I realize that Metropolitan Dade County is looking for further sources of income and there is this 3 percent that is up in the air of their assessment. I am, however, very reluctant to get involved in a kind of an argument with them. But I would certainly hope that along with the other issues that you are talking to them about, such as... what is the name of this property, the F.E.C. property and the Dodge Island Bridge, that we remind them that we are not thrilled whenever they attempt to use.... Mr. Gary: Their home rule. Mayor Ferre: ....some kind of muscle to get monies which they are clearly not going to be entitled to since it is not their license, but our license. Why are they muddying up the water and creating a problem for us that is going to plague them as well as us? Mr. Gary: Yes, sir. I have a meeting with Mayor Stierheim to discuss that matter some time next week. Mayor Ferre: All right, is there anything else that you want to add to any of this? Mr. Merrill: No, sir, if you could sign that letter for me. Mayor Ferre: I have to read it first. 17. BRIEF DISCUSSION ITEM: PROPOSED ZONING NOTICE REQUIREMENTS AS ENACTED BY BROWARD COUNTY. Mayor Ferre: Mr. Manager, I have another item here for Mr. Clark Merrill. It's a letter from Representative Spaet saying that the Broward County League of Cities is requesting some change in legislation which deals with public hearing requirements on local zoning matters. This might be an item that might greatly impact the City of Miami. I think we better keep an eye on that. sl 50 MAR 2 4 1983 0 18. BRIEF 4iSCUSSION ITEM: PROPOSED EXTENSION OF THE AUTHORITY OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL. Mayor Ferre: Lastly, Mr. Reid, on Monday, the 4th of April, the South Florida Regional Planning Council will be taking up a major issue that could affect the City of Miami. The Dade County League of Cities, J.L., is taking a strong position against it, led by Betty Lance, in representing most of the cities around here. Reginald Walters, representing the County, has taken a position against it. What is it called, the regulation? Mr. Reid: It's the economic policy statement of the Florida Regional Planning Commission. Mayor Ferre: Now, I sent you, Mr. Manager, about a month ago with all the things that were coming out and asked for the City's position. I called Barry Peterson up and asked him if he had received any. He said that strangely enough the City of Miami is the only City he had not heard from. Every other City is against it, including Metro. But he assumes that the City of Miami is for it. Sinlence, I guess, means... So, Mr. Reid, you have had a lot of traveling, a lot of problems and all that, but we need an answer to that now. Mr. Reid: No problem, Mr. Mayor. Mayor Ferre: Well, what is the City's position? I need to know. Mr. Reid: I think our position, Mr. Mayor, is that the extension of the authority of the South Florida Regional Planning Council to evaluate these economic impacts and fiscal impacts is beyond the purview of the original intent of their statute. It's an area they shouldn't be getting into.liatson Island is a good case in point where they got into these areas to our detriment and we would be opposed to their encroaching into this area. Mayor Ferre: I think you need to express that to Mr. Peterson, because he is under the aprehension that since you have not answered, that therefore, the City of Miami is in favor of what they are doing. Mr. Reid: It is our intention to be there at the public hearing on April 4th and make that statement into the record. Mayor Ferre: I wish you would make it before. Mr. Gary: We will. 19. BRIEF DISCUSSION ITEM: CONSTRUCTION OF THE DOWNTOWN PEOPLE MOVER AS IT AFFECTS THE MERCHANTS DOING BUSINESS IN THE DOWNTOWN AREA. Mr. Plummer: Mr. Mayor, let me take advantage of the little bit of time. Mr. Gary, the last week all of the merchants of the downtown area, which I think about half of them avail themselves of calling my office, have gone into a panic situation with this thing put out by Metropolitan Dade County. It's called the Metro Loop, Volume I. Mayor Ferre: Metro Loop? sl 51 MAR 2 41983 4 Mr. Plummer: Yes, Volume I, based on Volume I, 1 hope there is never a Volume II. Mr. Manager, I think that something needs to be done by the County which has full control over that loop system downtown because if you read this word that is here, the impact of construction... it could very well be interpreted that many, many businesses along this construction route as indicated here will technically be out of business for 18 months. Now one man is just on the verge of renewing a five year lease and he says, "Commissioner, if they are going to put me out of business for 18 months, I don't need a five year lease because I couldn't make it beyond that." I think the County needs to go down and have a definite meeting with the people that are directly affected by this outline on the map; and make it clear to these people exactly where they are. They have a number here for further information. But I want to tell you, my friend,especially right here where this five is, he is ready to throw up his arms and run to Venezuela. Mr. Gary% Did he call that number? Mr. Plummer: No, he did not call that number. He called my number. Most of these people think that I am their City Commissioner and I can tell the County what to do. I would like to. But it doesn't work that way. I'm going to give this to you. You look at it and I think you can see what is causing some of the problems of concern by these people. They talk about temporary and about one lane being closed, two lanes being closed, one might be reopening in 18 months. I guarantee you if my business was along that map I would be concerned. Mr. Gary: As the Mayor says, everybody wants to go to heaven, but nobody wants to die. I will, on behalf of the City Commission, convey this to Mayor Stierheim and encourage him to do what you said. Mr. Plummer: You ain't going to heaven, but you're going to die. 20. DISCUSSION ITEM: STRESS MACHINE FOR THE MIAMI POLICE DEPARTMENT. Mayor Ferre: Mr. Manager, while we are waiting for the Commission here, with regard to the stress machine that we are buying for the Police Department, the September Associates Machine, which operates so successfully in Flint, Michigan, deals with stress in a life -like situation as to whether or not deadly force is used. That is one of the stresses that a police officer is under. There are other stresses. We talked a little bit about that, the pressures and the problems that we have with alcoholism and divorces, and all that. The question where we need to let police officers have the availability of professional help if they feel that they need it, and that kind of a thing. Mr. Gary: Or we feel. Mayor Ferre: We also have the community stress area. In other words, it is not whether a police officer shoots or does not shoot, but sensitivity to the nuances of the Police Department. The Miami Herald article came out Miami Herald or Miami News article) several days ago, I forget. It was a Miami Herald article written by Geoffrey Tombelt was a devestating article. First of all, it was full of inacuracies, it was full of innuendo, it was not an objective journalistic piece, I think. Mr. Plummer: Is that the "Black Tension". Mayor Ferre: Yes. Mr. Plummer: Mr. Mayor. sl 52 MAR 2 419On 00 Mayor Ferre: Let me finish now. It was full.... Mr. Plummer: Here, I just want you to ... have you seen this? Mayor Ferra: No. P(r. Plummer• It is very interesting. Mayor Ferre: It was full of implications of things... The thing that distresses me about all of this... I think it is another typical case of the Miami Herald exacerbating and agravating situations. It isn't salt. They take muriatic acid and pour it into a wound. They are looking for a wound open. If it is not open they want to pry it open to put a little bit of salt in it to make sure. I'm going to read this in a moment. We saw it again today in the editorial of the Miami Herald. You'd think, and I am going to put it in English, any idiot (and there are a lot of them in the editorial board of the Miami Herald) any idiot would know that we now are going to have an application... Cesar is around here someplace... for the World Cup. You'd think that the Miami Herald would have sufficient God given common sense to keep their mouths shut so that we have a fighting chance of getting the World Cup. But no, those idiots down there have to exacerbate the situation by bringing up something that the majority of the people in this community have long forgotten. It is not a major issue and embarrasses obviously Commissioner Carollo. They go out of their way in their editorial to say that the City of Miami should not try to preclude the Soviet Union from playing in the World Soccer Cup, as if that were an issue before us now, as if anybody were talking about that, or as if we need, when the review committee is coming into town in a week or two, we need that like a hole in the head. For somebody to write an editorial like that, talking about stress and psychiatric help, the person who wrote that editorial definitely is in need. That article, that terrible, damaging article that came out on Monday, inaccurate, full of innuendo, just a bad, bad, bad article concerns me in this sense. I hate to see, even if it is being pushed and augmented by the Miami Herald any kind of a problem of insensitivity between ethnic groups within the Police Department. We don't need that. I need to tell you that I think that part of this whole psychological and stress... we need, Mr. Manager, while we have young, fresh police officers and we have a lot of them that have been there for less than two years, we need to get into sensitivity training, so that Black officers understand that the Hispanic community reacts differently or to have White officers and Cubans and other Latins understand that there are social patterns of how things happen in the Black ghetto that don't necessarily mean the same thing in Little Havana. For there to be a clear understanding, I think we need to go in, and I want to remind you that I made a statement in to the record when I voted for that resolution for September Associates that concurred with my vote in approving the expenditures of those monies was sensitivity training the other way around. In other words, not only sensitivity training for when you use deadly force, but also sensitivity training of how to deal with ethnic communities and vice -versa. I'll read this letter, which is a typical... Now you watch and see if the Miami Herald will hide all of this in the eighth page in a small article to clarify. When it comes out with a big lie, it's front page. When it comes out with clarifications, it's page eight. "Dear Mr. Tombe: This letter is being sent to you as authorization for printing a retraction in referrence to an article that appeared in your local news section entitled, 'Racial Strains Threatened to Divide Police' on March 22nd. Please be advised that at no time during our inter- view with you did we endorse the firing of Police Kenneth Harms from the Miami Police Department. Eddie Smith and James F. McCray Vice President of the Miami Community P.B.A." ------------------------------------------------------- Commissioner Joe Carollo entered the meeting at 2:55 P.M. ------------------------------------------------------- s1 53 MAR 2 41983 Mr. Carollo: May I see it, Maurice? Mr. Plummer: I think everybody has one on their desk. That one happened to be there during the lunch break. Mayor Ferre: While we were waiting for a Commission, we were going into discussion. I just want to tell you that I'm just distressed at that kind of divisive, that attempt to pour salt into such a wound. Mr. Carollo: Maurice, I'll tell you what that is called. That comes from an old Russian word that translated into English is called disinformation. I'm sure that the Miami Herald has quite a few experts at disinformation, where some of them learned and were taught how to go about it the right way in Cuba, like our local reporter here, Ricardo Alonso. For those of you who might be a little surprised to hear me speak this way, this individual spent quite a few weeks in Cuba at Castro's expense while the time that he was there he was schooled by quite a few of Castro's top D.G.I. officials. The D.G.I. is Castro's Intelligence Network. It is the equivalent of our C.I.A. 21. PLAQUES, PROCLAMATIONS, AND SPECIAL ITEMS. 1. Proclamation presented to Officers Luis Perez and George Martinez for the Most Outstanding Officers of the Month for the month of February. 2. Proclamation of the Outstanding Employees of the Year: Captain Dennis Wheeler, Fidel Pedro Bareto, Robert L. EVans, Jr., Julio A. Mestas, and Assistant Superintendent Gerald E. Winski. 3. Commendation presented to members of the Parks Department, Chris Burton, Roy Van, Ernest Cooper for saving the life of Victor Valdivia. 4. Proclamation of the week of April loth as Private Property Week. 5. Commendation to Shelly Gerrard in her well deserved selection as Miss Miami '83. 22. AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $147,000 TO PAY CITY EMPLOYEES FOR OVERTIIKE IN CONNECTION WITH MIAMI GRAND PRIX RACE SUBJECT TO REIMBURSEMENT. Mr. Plummer: Mr. Mayor, the Manager has a very serious problem that he would like to bring up and as your liaison, I ask you to please hear the Manager at this time. We have a problem that I really don't know if there is a solution, but it has to be brought up. Mr. Gary: Mr. Mayor, Members of the Commission, as you recall we had a Grand Prix race that was very successful in terms of the promotion and the event, but it was very unsuccessful in terms of the financial profit of the firm as a result of the rainy condition on Sunday. As a result, the promoter experienced a loss of approximately $1.2 million. He has been unable to pay for the police and the fire service. That totals about $147,000. He is in the process of renegotiating his leases with the current firms, Budweiser and Camel for this year to try to get more money. But in the meantime, s1 54 MAR 2 41983 sl Mr. Gary (CON'T): the police officers and the firefighters have not been paid. It has basically been our policy that we insure that they get paid. It would be my recommendation that we pay them through the normal payroll process, put a lien on Mr. Sanchez and his future earnings. If he does not comply, then we make the contract null and void. Mayor Ferre: Mr. Manager, I would go along with that with two provisos. One, that we get an audited statement to assure that there was a loss. Mr. Gary: Yes, sir. Mayor Ferre: Two, that it meet all the legal requirements that would be necessary. I don't know. I want to make sure we are not violating any laws. But subject to that, I certainly have no problems. Mr. Carollo: Do you need a resolution for it, or not? Mr. Gary: Yes, sir. Mr. Carollo: So move. Mayor Ferre: Is there a second? Mr. Plummer: Second. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption. MOTION 83-267 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $147,000 FROM THE APPROPRIATE ACCOUNT TO PAY ALL CITY OF MIAMI EMPLOYEES FOR THE OVERTIME THAT IS DUE THEM IN CON- NECTION WITH THEIR PARTICIPATION IN THE RECENT "MIAMI GRAND PRIX" RACE; FURTHER INSTRUCTING THE CITY MANAGER TO PUT THE TOTAL AMOUNT PAID TO THE CITY OF MIAMI EMPLOYEES AS A LIEN AGAINST THE PROMOTER OF SAID EVENT; FURTHER PROVIDING THAT UNLESS THIS AMOUNT IS PAID BY SAID PROMOTER, THE CITY SHALL DECLARE ITS CONTRACT NULL AND VOID. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice Ferre NOES: None. ABSENT;. Commissioner Demetrio Perez, Jr. Mr. Gary: Mr. Mayor, I made one mistake. That also includes Parks and Sanitation people too. Mr. Plummer: Well, the total was $147,000. Mr. Gary: Yes. Mayor Ferre: The total is $147,000 for all City employees that have not been paid. But it does not go beyond City employees. Mr. Gary: No, sir. . 55 MAR 2 41983 Mr. Plummer: No, sir. Mayor Ferre: Only City employees. Mr. Gary: Only our employees. 23. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 1501 N.W. 29 STREET FROI4 C-1 TO C-4. Mayor Ferre: We are on item 11, this is on first reading: an application by J. Alan Cross, Trustee to change the zoning at 1501 N.W. 29 Street from C-1 to C-4. Mr. Carollo: Did they divulge who the owners are, like our policy is? Mayor Ferre: Have they complied with the law? Do we know who the owners are? Mr. Plummer: May I see the disclosure form, please? This is also a part of item 12, Mr. Mayor. Eleven is a companion to twelve. Mayor Ferre: A Member of the Commission has asked for the disclosure form. Mr. Plummer: May I see the disclosure form, please? Mayor Ferre: I asked the attorney. Are you the attorney? Mr. David Kobrin: Yes, sir. My name is David Kobrin. I'm the attorney for the applicant. My office is at 444 Brickell Avenue. I actually represent the contract purchaser whose name is Miran. Under power of attorney, I am representing Mr. Cross' trustee. It is to my knowledge that Mr. Cross himself and his father also, Alan Cross, are the owners of the property. I believe that is what is represented in the standard affidavit provided by the City. Mayor Ferre: So in other words, there has been full disclosure. Therefore, both.... Mr. Kobrin: To my best knowledge, yes. Mr. Carollo: But we don't have copies of that full disclosure. At least I don't. Mr. Gary: No, you don't. Mr. Plummer: Do you know if Mr. J. Alan Cross has filed a disclosure form? Mr. Kobrin: I do not know if he personally filed one. He did authorize me through a power of attorney to represent him on this piece of property. Mayor Ferre: Why don't you swear him in. Mr. Carollo: Maurice, our policy is that we need it in writing. Mayor Ferre: O.K. Mr. Gary: We have it in writing. I apologize for not having it in the package. We will from now on. Mayor Ferre: Show it to Commissioner Carollo and just for a double safety, only for that purpose alone, would you swear him in? sl 56 MAR 2 41983 OATH ADMINISTERED BY THE CITY CLERK Mr. Ralph Ongie: Raise your right hand, please. Do you solemnly swear that the evidence you are about to give in this matter will be the truth, so help you God? Mr. Kobin: I do. Mayor Ferre: All right, sir, would you state into the record who the owners and who.... Mr. Kobrin: Mr. Mayor, to my very best knowledge the owner of t%is property is J. Alan Cross and his father, who I believe is Alan Cross, and Mr. J. Alan Cross holds it as trustee. Mayor Ferre: Is there proper compliance with the law on disclosure? Mr. Plummer: Sir, still under oath. Mr. Kobrin: Yes, sir. Mr. Plummer: To the best of your knowledge, those two named individuals are 100% owners? Mr. Kobrin: Yes, sir, that is correct. Mr. Garcia -Pedrosa: No, they are trustees. Mr. Plummer: They are trustees or owners? Mr. Kobrin: Both. Mayor Ferre: He is under oath and he signed the.... Mr. Kobrin: Mr. Plummer, Mr. Cross and his father are 100% owners. I'm not certain who is the only trustee. I believe Mr. Cross.... Mayor Ferre: That's not... what we are interested in is the ownership. Mr. Kobrin: That is correct. Mr. Cross and his father are the owners. Mayor Ferre: Thank you. Mr. Garcia -Pedrosa: Are the owners? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: But let me tell you something, if you are not aware. This disclosure form is not worth a damn. Mr. Carollo: It's not signed, is it? Mr. Plummer: Where is it signed? Where is that affidavit signed? INAUDIBLE RESPONSE. Mayor Ferre: Do it into the microphone so we have a record. Mr. Plummer: Well, I want to tell you, in my opinion it ain't worth a tinker's bohoot. Mr. Aurelio Perez-Lugones: The disclosure form is part of the affidavit. It is a two page form. It has the affidavit in which he attested everything that he presented is true and correct. Mr. Plummer: Usually a signature.... Mr. Carollo: So help you God, Aurelio Mr. Plummer: A signature usually appears at the end of a form. sl 57 MAR 2 41983 0 Mr. Perez-Lugones: I understand what you are saying. Mr. Carollo: I have one question. After that first one, I'll have a second one. When did you receive a copy of the disclosure form? Mr. Perez-Lugones: That has to be given at the time the application is made. Mr. Carollo: When was that given? Mr. Perez-Lugones: I have to look at the file. Mr. Carollo: O.K., can you look at the file? Mr. Kobrin: I thought this matter was uncontested. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Carollo: I just want to find out how come we did not receive a copy of that with our package so they could have saved all this problem we are going through here. Mayor Ferre: Where are we now? Mr. Garcia -Pedrosa: Is the disclosure form attached to this affidavit? Mr. Gary: The bottom line is that the City Attorney and my staff will get together to correct the concerns that Commissioner Plummer has. Mr. Carollo: I didn't follow what you said, Howard. Mr. Gary: Well, it appears that the form that we have is two forms. One says that this person is either owner or represents the owner; and he signed it. But it could be the representative and the owner is required to sign on the second sheet. It appears that the owner should be required to fill out that form. If it is on behalf of somebody else, also have an affidavit to say that this is the owner also. Mr. Carollo: So the owner has to sign it, then? Mr. Gary: Exactly. Mr. Carollo: In other words, they haven't complied with the forms. Mr. Plummer: No, they have complied with the form. The form is wrong. Mr. Kobrin: I'm operating under a power of attorney from the owner who did sign the power of attorney, which was given to me and which I gave back to the City. Pursuant to the power of attorney, I signed all the application documentation. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Ferre: Did we go through the same thing with Carolyn Weiss's piece? The Weise people signed and the owner signed the application too? INAUDIBLE COMMENTS. Mayor Ferre: See? I mean, we have to be consistent. Mr. Gary: No, what happened is we have a power of attorney, where the owner has given the power of attorney. Here it is, right here. The owner has given the power of attorney for his legal representative to speak and sign documents for him that is here as the owner. So that alone with an affidavit verifies not only the owner but also the legal representative for the owner. Mayor Ferre: All right, let's deal with items number 11 And 12. What is the will of this Commission? sl 5p © MAR 2 41983 Mr. Carollo: When did you get a hold of that, Aurelio? Mr. Perez-Lugones: That came into our possession 1-26-83. Mr. Carollo: 1-26-82. Mr. Perez-Lugones: 183. Mr. Carollo: 183, and today is what? Mr. Perez-Lugones: Today is 3-24-83. Mr. Carollo: And you could not get a hold of a copy of that to the Commission anytime between that? Mr. Perez-Lugones: That is the receipt number. We don't give copies of the receipts to the Commission. If you want a copy of every receipt that we extend. Mr. Carollo: What I'm trying to say is there is nothing in our packet that we are supposed to get. Mr. Gary: Mr. Carollo, in response to that, from now on we will have for each item the disclosure forms- copies of them. Mr. Carollo: Howard, with all due fairness, that is not your responsibility. The responsibility was Mr. Lugones' who is in charge of that department to make sure that you get everything that is required. So I don't want to throw the blame where the blame does not deserve to be thrown at. I just hope that in two months' time he should have enough sense to send us the information that we need, so we won't have to go through this whole process again. Mr. Gary: Commissioner, give all the heat to me and I will roll it down to him. Mr. Carollo: All right. Mayor Ferre: Where are we now on item 11. Mr. Carollo: We are going to hear it. The City Attorney stated that they have met with the requirements and it's the same requirements that we have been dealing with, it's Jacarol. Mayor Ferre: This is a matter that has come before the Planning and Zoning Board. It was approved unanimously 5-0. The Planning Department recommends approval. Is there anybody here that wishes to speak to this item? Mr. Plummer: Well, Mr. Mayor, I have a problem voting on 12. Mayor Ferre: We are not on 12. We are on 11. Mr. Plummer: But I want to tell you up on front that I have a real problem on voting on something that may or may not effective on May 15, 1983. I want to tell you from the conversation that has transpired here today I seriously doubt that the comprehensive 9500 is going into effect May 15th. I don't want to place the City in a liability problem of approving something May 15th and these people come back and say, "Hey, you said it was going to be effective May 15th and it is not. Now you are delaying us from starting construction. We are going to hold you responsible." I'm merely stating I will not vote on 12. Mayor Ferre: Mr. Manager, do you have any problems, or does the administration have any problems with 11 and 12? Mr. Gary: Eleven we don't have any problems with. Let me just have.... Mr. Plummer: Neither do I. Mr. Gary: ....a discussion on 12. sl 59 1983 MAR 24 0 0. Mayor Ferre: Well, let's do eleven and then we'll talk about twelve. Is there a motion on eleven? Mr. Carollo: So move. Mayor Ferre: Is there a second? Mr. Plummer: Second it, Mr. Mayor, with the proviso that it is not tied to item 12. Mr. Carollo: It's not tied to item 12, period. Mr. Plummer: On the agenda it does show, Joe, as a companion to. Mr. Carollo: Yes, but they are separate items, J.L. Mr. Plummer: O.K., as long as it is understood. Mayor Ferre: Further discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 4 AND 5, BLOCK 1, RAMICO SUB. (16-74), ALSO DESCRIBED AS APPROXIMATELY 1501 NORTHWEST 29TH STREET, FROM C-1 (LOCAL COMMERCIAL) TO C-4 (GENERAL COMMERCIAL), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo, and seconded by Commissioner Plummer and passed on its first reading by title by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 24. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 1501 N.W. 29 STREET FROM RG-2/4 TO CG-1/7. Mayor Ferre: Now we are on item 12, right? Mr. Kobrin: That is a companion item. Mayor Ferre: That is the one Plummer has problems with. Mr. Kobrin: Mr. Mayor, if I may, briefly, that is the same item, only in a suggested form•as opposed to the new ordinance. Mr. Plummer: I don't want us to get into a liability problem if it doesn't come effective May 15th and they can't start construction and come back and say, "Hey, you held me up. It's your fault." sl 60 MAR 2 41983 Mr. Gary: You've already approved the damn thing. Mr. Plummer: No,I ain't. Mr. Gary: Second reading. Mr. Garcia -Pedrosa: That's right, the only thing you can do now.... Mr. Plummer: Is change the effective date. That's what it looks like from conversation here today that is going to happen. Mr. Gary: It won't bother them. Mr. Plummer: O.K., if you guys aren't concerned, I'm raising a red flag. You get back with a law suit, don't come tell you I told you so. Mayor Ferre: What do you want to do on this? Mr. Plummer: I think it ought to be delayed. We should not be passing stuff that might become effective and just delay it until it becomes effective. Mr. Kobrin: Mr. Plummer, I'd like to state into the public record that we not considering that May 15th date. I'm sure the other applicants will not consider the May 15th date as having any independent legal significance. Mr. Plummer: Then what is the harm of deferring it until such time? Mayor Ferre: Coming back here again and waiting eight hours. Mr. Garcia -Pedrosa: Publication.... Mr. Kobrin: I started this in November. It has a tendency to.... Mr. Plummer: I tell you what... I tell you how I can vote for it. Mr. Kobrin: Thank you, sir. Mr. Plummer: Drop the wording effective May 15, 1983 and insert the words "when effective". I can live with that. Mr. Kobrin: If it is all right with staff, it is all right with me. It is actually their insertion. Mr. Plummer: Do you understand what I'm saying? Mr. Gary: Fine. Mayor Ferre: Is that acceptable, Mr. Manager? Mr. Gary: Quite acceptable. Mayor Ferre: With that change, Plummer moves, Dawkins seconds. Would you read the ordinance, as amended, please, on first reading. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9500, (UPON BECOMING EFFECTIVE) THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 4, AND 5, BLOCK 1, RAMICO SUB. (16-74), ALSO DESCRIBED AS APPROXIMATELY 1501 NORTHWEST 29TH STREET, FROM RG-2/4 (GENERAL RESIDENTIAL) TO CG-1/7 (GENERAL COMMERCIAL), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING ATLAS MADE A PART OF SAID ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; BY REPEALING ALL ORDINANCES, -CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer, and seconded by Commissioner Dawkins and passed on its first reading by title by the following vote: sl 61 MAR 2 41983 V AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. The City Attorney read the ordinance intc. the public record and announced that copies were available to the members of the City Commission and to the public. ON ROLL CALL: Mayor Ferre: In voting, let me say that I remember Father Gibson, who said there is nothing worse than a lawyer who went to school one day. I want to tell Father Gibson in heaven that there is something worse. That something worse is an undertaker who thinks he is a lawyer. Mr. Plummer: An undertaker who never went to school for any day. 25. DISCUSSION - NO OFFICIAL ACTION TAKEN ON A REQUEST FOR A ONE- YEAR EXTENSION OF CONDITIONAL USE FOR A SEVEN STORY BUILDING LOCATED 703 N.E. 63rd street. Mayor Ferre: The next item ... people have been waiting all day... is item 32. Go ahead, sir. Where is the man on 32? Thank you for your patience. It is a resolution application by Belco Ltd. for one year extension of a conditional use to permit construction of an additional seven -story apartment building at 703 N.E. 63rd Street. The Planning Department recommended approval. The Zoning Board granted it unanimously 7-0. For the record, will you tell us why you delayed construction? Mr. Robert Fisher: My name is Robert Fisher. My address is 680 N.E. 64 Street. We have not delayed construction at all. On September 23rd, when we received approval from you, we started working drawings immediately. On January 21 we applied for our building department. To this day right now we are in the middle of processing. I have brought a copy of our permit application that has been signed off by four of the departments. As soon as everything has been completed, we will file for a permit, take our permit, and start construction immediately. We are not delaying at all. Mayor Ferre: Further questions? Is there a motion? Is there a motion? Does somebody want to move 32 one way or the other, please? I'm sorry, we don't have any motion here, so.... Mr. Phil Ward: Can I say something on this? Mayor Ferre: Yes, you can it quickly, but if I can't somebody to make a motion, we have.a lot of other things to do here. Mr. Ward: I understand. I'll be very brief. Mayor Ferre: Go right ahead. Mr. Ward: My name is Phil Ward. I'm a consultant in this project and have been since the beginning approximately a year ago. My address is is 11822 West Dixie Highway. I would just like to say that we went through the process. We had the site approved. We agreed to commit to improvements in the amount of approximately $25,000 to $30,000 of the Park site that is directly north of us, Legion Park. We are improving the water line extensions in excess of $50,000 to provide fire flow. We have put a lot of time, a lot of money into this project. We feel very diligent and have not negligently delayed this in any manner. We really request the Commission see fit to give us this 6 MAR 2 41983 sl 2 I Mr. Ward (CON'T): continuance. Our permit could be issued in a manner of a day or so. We had no protest at the time this was filed. We've had no protest in the process. Mayor Ferre: Sir, all I can do is ask if there is a motion. I will do it one last time. After that I don't... Mr. City Attorney, what's... give me some legal advice. What do we do next on item 32? Mr. Garcia -Pedrosa: You mean if there is no motion? Mayor Ferre: Yes. Mr. Garcia -Pedrosa: Then you cannot consider it. They don't get an extension if you have no motion that is approved by the majority of this Commission. Mayor Ferre: I will just, so that we understand each other correctly, ask now if there is a motion on item 32. Otherwise, this item is behind us. Is there a motion on item 32? Mr. Carollo: Move to defer the item. Mayor Ferre: A motion to defer? All right, is there a second to the motion to defer? Is there a second? Mr. Ward: Sir, we had a deferral last time. Mayor Ferre: That may be, but I'm running the meeting under the rules of procedure and I'm not getting a second. That is the end of it, as far as I am concerned. Mr. Ward: Is there any reason that you don't want to? Mayor Ferre: I can't speak for anybody but myself. I am chairing the meeting. First of all we had no motion. Now we get a motion to defer and no second. Mr. Ward: We've had discussions with approvals from the Zoning Board, the Planning Board, the Parks Department, Public Works Department. Mayor Ferre: There must be a reason. I don't know what it is. Mr. Ward: We have support of the Northeast Improvement Association. We are ready to file for a permit. It's just a matter of a day. We had to wait as a matter of fact to go from item 33 and then tomorrow possibly we can have our permit. Mayor Ferre: Is there further discussion on this item? If not, the item dies for lack of a second. 26. FIRST READING ORDINANCE: EXPAND AREA OF D.D.A. TO INCLUDE THE BRICKELL AVENUE AREA, ETC. Mayor Ferre: We are now on item 30. It was one of the items that I had here listed. It is a 2:30 scheduled item for the public hearing. Go ahead, Mr. Manager. Mr. Reid, are you going to address item 30? Who is going to address item 30? Mr. Kenzie, are you going to....? Mr. Roy Kenzie: Mr. Mayor, Members of the Commission, item 30 is the first of two public hearings which will be held on the issue of expanding the boundaries of the Downtown Development Authority into the Brickell Avenue area extending down to 15th Road from the bay, west over to the F.E.C. Railroad allignment and north to the Miami River. sl 63 MAR 2 41983 to Mayor Ferre: Mr. Kenzie, this matter was brought before the D.D.A. It was voted on unanimously, as I recall. Mr. Kenzie: Yes, that is correct. Mayor Ferre: It was taken up before the Brickell Avenue.... Mr. Kenzie: Brickell Area Association and on a straw vote they voted with one negative vote for the expansion. Mayor Ferre: Is there a representative of that? Mr. Kenzie: Alan Morris, who is the President of the Association, unfortunately was caught in the snow at the Atlanta airport. He called and asked me to convey that to you. He will send a letter to the Members of the Commission. Mayor Ferre: Is there anybody here who wishes...? I have a note here that says that there are some people here that are in support who wish to speak. Mr. Kenzie: Yes, there are some people here to speak on the issue. Mayor Ferre: All right, let's move on. Mr. David J. Patton: City Commission, my name is David J. Patton, Senior Vice -President for Southeast Mortgage Company, home office is based on Brickell Avenue 1390. I cannot speak as an authority for the association, but I was present at the meeting that Roy Kenzie made the presentation and there was a favorable majority, in favor of the D.D.A. including the Brickell area within its jurisdiction. Mr. Plummer: Was that at the Board of Directors or the general membership. Mr. Patton: General membership. I do not know what the board action was. Mayor Ferre: There is a difference. If the membership approves it, obviously the board... I mean the key thing is the membership. Mr. Patton: I am advised that the board did not take a position. Mayor Ferre: But it was taken to a straw vote. Mr. Patton: Yes. Mayor Ferre: The board took it to the membership. The membership voted. There was one negative vote. The rest were positive. Mr. Patton: Correct. Mayor Ferre: All right. Mr. Manager, do you have anything you want to add to all this? Mr. Jim Reid: Mr. Mayor, Members of the Commission, basically on behalf of the Administration, we would say that we agree that the Brickell area is physically and functionally related to downtown; and that the D.D.A. has been in effect providing marketing and advocacy services to this area at no cost. We think Brickell has a special character in the planning that has been done there, the zoning, the site plan review that we have done in the past- need to be continued. We have some concerns with respect to the expansion. We'd like to put them on the record. Basically this concern that relates both to the City and to the D.D.A. that we have not really done the job that is required in terms of long range planning for downtown. Mayor Ferre: Don't say that. Mr. Reid: Can I finish, Mr. Mayor? Mayor Ferre: That's the headline in the Miami Herald tomorrow. Mr. Reid: We have tended to react rather than shape the downtown. This is quite apart from the fact that in the D.D.A. board powers, and duties it sl 64 MAR 2 41983 lb It Mr. Reid (CON'T): does say that long range plans for downtown should be prepared in cooperation with the City. For downtown we need better transportation planning, pedestrian planning, open space. We need to build the public facilities that you advocated, Mr. Mayor, in terms of the exhibition hall, additional garages, arena, and so forth. There is a lot more that we can do cooperatively. We do feel that in terms of D.D.A. and their work that a lot of effort goes into the marketing and advocacy that requires a response on the part of the City and requires resources on the part of the City. This should be recognized. It also should be recognized that only the City can adopt zoning and capital budgeting and comprehensive plans that affect downtown. That has to be done in the context of downtown. It is our recommendation that the D.D.A. expansion ought to be considered by this Commission hand in hand with a memorandum of agreement that indicates how the D.D.A. out of the Brickell increment and its future budget would compensate the City for planning services to the downtown.... Mayor Ferre: Mr. Reid, what is your point? Because I think we can come to an agreement on this. Mr. Reid: That is the basic point, Mr. Mayor. Mayor Ferre: Then say so! Don't beat around the bush. Mr. Reid: The basic point is that the Commission should be brought at the same time that the final vote is taken on the D.D.A. expansion a companion agreement that spells out how the City and the D.D.A. will cooperate, particularly in terms of planning services. Mayor Ferre: Fine. I have no problems. Look, as a member of this Commission and Mayor, and as the Chairman of the D.D.A., I have absolutely no objections to that. I think it is fair and reasonable. I do want to tell you something because frankly, I don't mean to get into an argument with you, but I am shocked, to use a mild word, at your statement here publicly that there has not been sufficient work in planning. I want to tell you that the D.D.A. has absolutely nothing legally, morally, directly, or indirectly to do with Brickell Avenue before today. So, therefore, if you are saying that there has been no planning, you are saying that the City of Miami has not done planning. I want to tell you, Mr. Reid, I was here before you came on board. I want to tell you...and Mr. Plummer has been around for a long time. I don't know of an area that has been more over -studied, over -planned; where there have been more studies than Brickell Avenue. For the last ten years we have done nothing but study Brickell Avenue. That I know of there have been three separate... four... separate, distinct studies on Brickell Avenue. Mr. Reid: Can I clarify my point, Mr. Mayor? Mayor Ferre: Please! Mr. Reid: I was applying to downtown. The last time the downtown planning study was done was 1973. That plan never was enacted by this Commission and probably rightly so. Mayor Ferre: Because it was a terrible plan. That is why it was never enacted. Mr. Reid: Well, there is a need, Mr. Mayor, for pedestrian systems within the downtown. There is a need for open space beyond Bayfront Park. There is a need for the public facilities that you have advocated. That's all I'm saying. That we have to do more in terms of the context of downtown development. It's the same message that this Commission has been conveying. Mayor Ferre: The plan that was proffered in 1973 was proffered by Wallace McCard. The D.D.A. had absolutely nothing to do with it. The D.D.A. opposed it, as a matter of fact. That's why the City Commission subsequently voted against it and never adopted it. The fact that has not been updated since 1973 does not necessarily mean that the blame of it goes directly to the D.D.A. any more than it goes to the City of Miami Department. I think the blame, if there is blame, and I don't accept that, has to be jointly. As a matter of fact, there has been a lot of work done in the downtown area. I know that the Miami Herald editorial department does not quite agree with that. But that's their tough luck. s1 65 MAR 2 41983 sl Mr. Gary: Mr. Mayor, if I may, Jim specifically made the distinction of saying long range plans vs. short range plans. He was primarily talking about the downtown. What he is basically saying is that City of Miami has abdicated its responsibility for long range planning, which is a requirement Of the Charter with regard to D.D.A. responsibilities. What we are saying is that just as D.D.A. wanted a letter of agreement in terms of working hand in hand on Park West Overtown, they should also do such an agreement in terms Of what is required by the Charter. Mayor Ferre: I can only speak for one person on this Commission. I agree. I think it is reasonable. I think it is logical. But I don't want to mix apples and oranges and end up to achieve a simple end, go through a very complicated, convoluted, contrived nocking of the City and nocking of the D.D.A. when all that is before us is a very, very simple thing. Should the D.D.A. have the opportunity to expand beyond the downtown and does the D.D.A. render a service to the Brickell Avenue area. You say that it does. You concur. I agree with you. I think we should have done this years ago. It is desperately needed. The people in the Brickell Avenue area agree with that. The only thing that is before us, as I understand it from Mr. Reid's statement, is that the D.D.A. should take some of that money that they are going to get from the millage and share it with the City for long term planning. And I think that is perfectly reasonable! Mr. Gary: Mr. Mayor, we think it is important to take this matter up at this particular time because that should be a condition of this extension so that we can have the same kinds of agreements that we have had in the past. Mayor Ferre: Agreed, and that is apples. Please tell me what the hell oranges have to do with all of this? Why are we getting into oranges when it is a simple matter of apples? Mr. Gary: Well, usually planners do that, so you have to forgive us. Mayor Ferre: Oh, O.K. All right, what is the will of this Commission? Mr. Plummer: What is the proposed increased boundaries? What will it mean to revenue to the D.D.A.? Mayor Ferre: Down to 15th Road Mr. Kenzie: Unfortunately, Commissioner Plummer, we cannot get a good, accurate fix on what that would be because, unlike the downtown... We have the downtown in the computer and can pull it all together. Brickell is not computerized in the same way and we have to hand -pull. But our rough estimate is somewhere between probably 190,000 to 220,000 that would be produced from that area. Mayor Ferre: His first question was the geographic description. Mr. Kenzie: The geographical area goes from the Miami River south to 15th Road including Claughton Island from the bay back to the F.E.C. railroad tracks, or the Metrorail guideway. Mr. Plummer: My only concern is you are imposing a tax. I know we are having a public hearing. But I guess my question is over concern did we send to each individual property owner a notice indicating to them if this passed, they will be subject to a half a million....? Mr. Garcia -Pedrosa: You don't have to do that, J.L. Mr. Plummer: I know you don't have to do it. I am aware of that. Mayor Ferre: I tell you how I would rather, if it is all right with you, Commissioner Plummer, do it: is to take an ad in the newspaper, because that is a hell of a lot cheaper and less work than to have to write 2,000 letters. MAR Z 41983 0 Mr. Kenzie: There have been public hearing ads, but to answer your point, we brought up this question to the Law Department. The setting of the millage for the D.D.A. comes at the time that the City sets its budget and it goes through budget hearings. We could notify or people are notified at that time of the millage being set and the considerations and then have a whole round of public hearings and discussions with the Commission. Mr. Plummer: What you are saying is that this would not become effective until October 1? Mr. Kenzie: Well, the assessment of the half millage comes when the City assesses its budget. Mayor Ferre: And we have to have a public hearing on it anyway. Mr. Kenzie: In other words, this is just to set the boundaries. It is not to impose the millage. Mr. Kenzie: The millage will not be imposed until we get into the next budget year. Mr. Plummer: You can notify them at that time. Mayor Ferre: Yes, yes, but let's not kid ourselves. Mr. Gary: Let's not kid ourselves. When you set the boundaries, obviously all of those people in that boundary under their authority will be taxed. Mayor Ferre: Sooner or later. Mr. Garcia -Pedrosa: Not as a result of this. Mr. Gary: Hey, come on! Mayor Ferre: Plummer, there are not voters in there. Those are all offices. Let's go. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Ferre: One was or the other, can we move along? Mr. Kenzie: Yes, there are a couple of other people here who want to.... Mayor Ferre: Quickly, please, Mr. Kenzie. Mr. Peter Wentzel: Mr. Wentzel, Wentzel Investment Company, we represent property on S.W. 1st and S.W. 8th Street Our point of view is that due to the fact that the D.D.A. has caused a great deal of effect on the Brickell Area and the Brickell Area Association is a loosely knit organization, we favor being part of the D.D.A. so we would have a voice in what is going on. The downtown Miami area is a major factor of what happens to us and that is the bottom line. We feel we should have a voice. I'm being very brief in what I was going to say. Mayor Ferre: Mr. Wentzel, let me ask you a question just for the record. You are.a major property owner in Brickell Avenue? Mr. Wentzel: I represent a major property owner. Mayor Ferre: And you realize that you are going to paying a substantial tax? Mr. Wentzel: Yes. Mayor Ferre: I mean you and the people you represent? Mr. Wentzel: Yes. 67 MAR 2 41983 sl 74. Mayor Ferre: All right, let me continue, and your second question was with regards to taxing. The answer to that is that the Tax Assessor of Metropolitan Dade County, who appraises property, will appraise the property for what it is used for. It has nothing to do with the zoning. Mr. Gary: Value. Mayor Ferre: With the value. Now, do you want to elaborate on that in any way? Mr. Luft: Just that when the appraise- looks at comparable land sales, and if you have high density property in the center of the city, if it is a blighted area, it may be worth $5.00 a square foot. That same zoning in Coconut Grove might be worth $50 a square foot. The zoning doesn't matter. It is the comparable sales of the land - the value of the land is what determines it, not the zoning. Mayor Ferre: The next question deals with the exit. I am trying to move through this thing now. The next question, Mr. Luft? Mr. Luft, the next question deals with the exit, and as I understand it, this covenant is proffered and accepted, it will preclude - obviously they can and will be movement between the R-4 property and the R-C property, but it does preclude any exiting, either from the R-C, or the R-4 property on Tigertail and they... Mr. Luft: Yes, of commercial traffic. Mr. Plummer: More than that. Mr. Luft: Of commercial traffic. Mayor Ferre: And they will have to go out to Bayshore Drive. Mr. Plummer: More than that. Mayor Ferre: Go ahead. Mr. Plummer: It is not just the exiting. It is ingress and egress. No cars will come in or go out through Tigertail, so it is more binding than just exiting. It is both. Mayor Ferre: All right, now the last question deals with the policy of the Commission - will it be the policy of the Commission... Mr. Gary: Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Gary: I think there is an issue that needs to be clarified here, because if you decide to change the zoning back to R-4, where they can put residential usage there, there is a question as to whether or not the residents on that R-4 strip, if they choose...tliey would like to do that..... Mayor Ferre: Well, you tell me how in God's world you are going to be able to distinguish a car that belongs to a commercial section from a car that belongs to a residential section. Mr. Luft: The design of the parking garage, or any parking for commercial purposes serving and office building on Bayshore cannot have any direct or even indirect assess to Tigertail. You park in the garage; there is only one way out and that is to Bayshore. That is what this provision provides. Mayor Ferre: That is the main issue here and that is what we are answering is that there will be no ingress or egress on this project to Tigertail. Now, I don't know how in the world, Howard, somebody can put a house there in the future on an R-4 basis and then all of a sudden find a way to ... unless it has no connection with the Bayshore side and then they can only go out on Tigertail. Now, how you can do that and keep a hundred foot green space and all of that, I just don't think that is possible. Mr. Gary: I am just clarifying her issue. 68 MAR 24 1983 ld It -10 Mayor Ferre: Now you feel that the services that you and others in the area will receive are worth this additional tax. Mr. Wentzel: We have discussed it. The D.D.A. is not going to continue forever. We feel that during the development process we should have some organized factor on our growth. That is the bottom line. Mr. Plummer: Question: Mr. Kenzie, are you going to expand the board to give Brickell Avenue representation on the board? Mr. Kenzie: We have two members from the Brickell Avenue Area now. The Brickell Avenue Association has asked to bring this matter back to the D.D.A. Board for further discussion and that will occur prior to the next public hearing. Mayor Ferre: Wait, wait, let's get very clear on this because, you know, this is what I call the Richards problem. There was a department store here called Richards. Remember Richards? Mr. Paul Walker was the Chairman of the Board. Richards thought that they had a seat on the D.D.A. Then, the same thing happened with Burdines and with Jordan March. We are about to have the same problem with Southeast. There are no seats that belong to any entity organization. There are no Latin seats, no Black seats, Burdines seats, Brickell seats, or OMNI seats. We have tried and as a matter of fact we have right now a proper representation, both of Blacks, Cubans, Latins, women, and geographic representation. There are two representatives from the Brickell area. There are, as a matter of fact, what we are having a problem is that we don't have an OMNI- we only have one OMNI representative. Mr. Plummer: Who are the representatives from Brickell? Mr. Wentzel: Armando Codina and Ofelia Sherman. Mayor Ferre: Nick Morley is president of the Nick Morley Company. Further questions, statements? Ms. Arlene Brummer: Mr. Mayor, my name is Arlene Brummer. I'm corporate counsel for Cheezem Development Corporation. As you know, we are very active in the Brickell area. Our headquarters are at 777 Brickell Avenue. I just wish to support the expansion of the D.D.A. into Brickell Area. I think it is needed. We need a voice for some organized development in the area. Mayor Ferre: Ms. Brummer, I want to again ask you the question. The Squire Company and Mr. Cheezem are very substantial property owners 1 would probably guess the largest in this group as you come in, if you are not going to be the biggest tax payer, you are going to be close to it. You are well aware that what we are doing here is imposing your tax as a tax burden. Ms. Brummer: We are aware of that. Mayor Ferre: Thank you, ma'am. Any other statements? What is the will of this Commission? On first reading.... Mr. Plummer: I think Brickell Avenue is entitled to all the D.D.A. they can afford with the provisions of Mr. Gary, that they have to go hand in hand with the contract that will be written by the City. Mayor Ferre: And will be in place by the second reading. Further discussion? Read the ordinance. Call the roll. 69 81 MAR 241983 ilk AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 14-17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO EXPAND THE BOUNDARIES OF THE DOWNTOWN DEVELOPMENT DISTRICT TO INCLUDE THE AREA (COMMONLY REFERRED TO AS THE BRICKELL AREA) BOUNDED GENERALLY BY THE MIAMI RIVER, BISCAYNE BAY, SOUTHEAST AND SOUTH- WEST 15TH ROAD AND THE METRORAIL GUIDEWAY, INCLUDING CLAUGHTON ISLAND, ALSO KNOWN AS BURLINGAME ISLAND; ONTAINING 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 Joe Carollo Commissioner Demetrio Perez, Jr. *NOTE: Commissioner Carollo, though Commissioner Miller J. Dawkins absent on roll call, later requested Vice Mayor J.L. Plummer, Jr. of the Clerk to be shown as voting Mayor Maurice A. Ferre with the motion. 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. -------------------------------------------------------------------------- NOTE FOR THE RECORD: Agenda item 32 was continued. -------------------------------------------------------------------------- NOTE FOR THE RECORD: Agenda item 33 was continued. -------------------------------------------------------------------------- 27. GRANT ONE YEAR EXTENSION OF VARIANCE TO PERMIT ADDITIONS TO EXISTING TWO STORY BUILDING 3033-35 GRAND AVENUE, ALSO KNOWN AS THE "I" CHING BUILDING. Mayor Ferre: We are now on item number 34. This is a very non -controversial says Mr. Richard Saffron. We both have important afternoon appointments. I apologize. Now let's take up this very noncontroversial item. Go ahead. Unidentified Speaker: Mr. Mayor and Mr. Commissioners, this is just our request for an extension of the variance which has been granted us. This is the property commonly known as the I -Ching building in Coconut Grove. Mayor Ferre: Why haven't you exercised.... Unidentified Speaker: We have voluntarily cooperated full both with the interim designation as historic property and the on -going designation under the permanent ordinance, which I believe is another item on the agenda today, in the twenties. Mayor Ferre: All right, that is not the question. Unidentified Speaker: I understand that. sl 70 MAR 2 41983 .1% 0 Mayor Ferre: A year ago you got a variance to permit additions to the existing two story building. Unidentified Speaker: In late September. Mayor Ferre: Why haven't you done it? Unidentified Speaker: We have not pulled the permit yet. We have not received the proper approvals of all of our plans. We have submitted plans to the.... Mayor Ferre: Is tha,: the reason? Unidentified Speaker: Yes, sir. Mayor Ferre: Just for the record. Anything else? Mr. Manager, I assume this has the Administration's approval? Mr. Gary: Yes, sir. Mayor Ferre: Any questions? Is there a motion? Mr. Plummer: This is the second one? Mayor Ferre: Item 34. Mr. Plummer: Is this the second extension? Unidentified Speaker: No, sir. Mr. Plummer: The first extension. Mr. Gary: You can only get one. Unidentified Speaker: This is our first request for an extension only. Mr. Plummer: O.K., I move it. Mayor Ferre: Plummer moves. Mr. Carollo: Second. Mayor Ferre: Carollo seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-268 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF A VARIANCE AS LISTED IN ORDINANCE NO. 6871, ARTICLE XXIII, SECTIONS 4(23) (24) AND (25), TO PERMIT ADDITIONS TO THE EXISTING TWO STORY BUILDING (A/K/A THE I CHING BUILDING); BEING A PORTION OF BLOCK 14, EDWARD PENT HOMESTEAD (A-45) AS DESCRIBED BY THE METES AND BOUNDS DESCRIPTION ON FILE WITH THE PLANNING AND ZONING BOARDS ADMINISTRATION DEPARTMENT, LOCATED AT 3033-35 GRAND AVENUE, AS PER PLANS ON FILE; TO ALLOW A RESTAURANT, OFFICES, AND RETAIL USES, ALL IN ACCORDANCE WITH THE CONDITIONS SET FOR PROPERTIES IDENTIFIED BY THE CITY COMMISSION AS HISTORIC STRUCTURES, AND PROVIDING 0 OF 58 REQUIRED OFF-STREET PARKING SPACES; ZONED C-2A (SPECIAL COMMUNITY COMMERCIAL). (Here follows body of resolution, omitted herein and on file in the Office of the Clerk). 71 sl MAR 2 41983 Upon being seconded by Commissioner Carollo, 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. 28. GRANT EXTENSION OF VARIANCE TO PERMIT CONSTRUCTION OF OFFICE BUILDING LOCATED 2922-44 S.W. 27 AVENUE. Mayor Ferre: Take up item 35. Mr. Gary: Mr. Mayor, just for the record, the Planning Department's original position on this variance was a denial. They are recommending approval. It is only for an extension of the time of the variance, not for the variance itself. Mayor Ferre: I understand. Mr. Plummer: What is the building you are proposing? Unidentified Speaker: We are building an office building for a group of downtown attorneys, Spence, Payne, Massington & Grossman, Homer Marlow, David Thornton and Murray, and Brawner, Lovett, and Howard. Mr. Plummer: Why haven't you moved? Unidentified Speaker: We moved as fast as we could. We had a lot of approvals that we had to go through, environmental approvals and this and that. We are in the final throes of... We just got our Fire Department approval the other day. We are in the process of finalizing our plans. We are doing it as quick as we possibly can. We expect to be under way as soon as we can get those plans finalized. Mr. Plummer: And lawyers charge by the hour. Unidentified Speaker: Yes, sir, they do. Mayor Ferre: This is on 27th Avenue? Mr. Plummer: I move it. Unidentified Speaker: Yes, sir, 27th Avenue and Trade. Mayor Ferre: And where? Unidentified Speaker: Trade, sir, 27th Avenue and Trade, on the west side. Mayor Ferre: Where is Trade? On the trail? Mr. Plummer: No, Trade Avenue. Mr. Gary: Trade Avenue. Mayor Ferre: Coconut Grove? sl 72 MAR 2 4 1983 Mr. Gary: Coconut Grove, right up the street by E-Z Kwik. Mayor Ferre: Didn't we turn down Rosenberg's application. Unidentified Speaker: No, that was a different location, sir. Mr. Plummer: That was up at Tigertail. Mayor Ferre: But it's on 27th Avenue. Mr. Whipple: Between Bird and the Highway, fir. Mayor, on the west side. Mayor Ferre: Bird and the Highway. Mr. Plummer: You know, Mr. Mayor, where that bar is. You have to put things in proper perspective. Honey for Maurice. Mayor Ferre: Is there a motion? Come on, is there a motion? Mr. Plummer: I made the motion a couple of minutes ago before you started talking. Mayor Ferre: Plummer makes the motion. Mr. Perez: Second. Mayor Ferre: Second by Perez. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-269 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF VARIANCE AS LISTED IN ORDINANCE NO. 6871, ARTICLE XI-4, SECTIONS 5(4)(b), 6(1), 7(1), AND 8(2), TO PERMIT CONSTRUCTION OF AN OFFICE BUILDING ON LOTS 2, 3, 4, AND 5 LESS THE E 30' AND LOT 6 LESS THE E 30' OF THE S 10', CHARLES M. MUNDY'S SUBDIVISION OF LOT "A" (3-120); LOCATED AT APPROXIMATELY 2922-24 SOUTHWEST 27TH AVENUE, AS PER PLANS ON FILE, ZONED R-CC (RESIDENTIAL OFFICE) AND SPD-2 (COCONUT GROVE SPECIAL OVERLAY DISTRICT). (Here follows body of resolution, omitted herein and on file in the Office of the Clerk). Upon being seconded by Commissioner Perez, 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. sl 73 MAR 2 41983 R sl 29. GRANT CONDITIONAL USE PERMIT P.U.N. PLANNED UNIT NATURE DEVELOPMENT AT APPROXIMATELY 2741 S.W. 22 AVENUE. Mayor Ferre: 36 is next, Mike Anderson. Mr. Dawkins: Mr. Mayor, is that the gentleman who has to leave? Mr. Plummer: Mike always has to leave. Mayor Ferre: This is the last one that I have on these little notes. Go ahead, Mike. Non -controversial item, right? Mr. Mike Anderson: Yes, we have Planning Department approval. We have the Zoning Board's unanimous recommendation. We have a whole list of property owners in the area which I could submit to a recommended approval of the application. We did have a couple of objectors who are now on our side. Mr. Plummer: Been persuaded. Mr. Gary: Are you providing the parking spaces per unit? Mr. Anderson: Yes, two parking spaces per unit. Mr. Gary: That is important. Mr. Anderson: Planned unit and filature Development.... Mayor Ferre: Isn't that under construction right now? Mr. Anderson: Lot 18 is under construction. Mayor Ferre: This is the next one down the line. Mr. Anderson: Yes. Do you want a full presentation? I can.... Mayor Ferre: No, I don't want a full presentation. God help us! I just want to look in the eyes of people that are helping to change Coconut Grove, the Tigertail Association. Are any members of the Tigertail Association here? I want to tell you they are beautiful buildings. Is there a motion? Who is the architect on this? Mr. Anderson: Osvaldo Perez. We think he did a beautiful job. Mayor Ferre: Who are the owners? Mr. Anderson: The developer is going to be Mr, Anthony Grovo? Mayor Ferre: Further discussion? Is there a motion? Mr. Gary: -.Who is the owner? Mr. Anderson: The owner is an estate. It's shown on the application. Mayor Ferre: The owner is who? Mr. Anderson: It is in an estate right now, the ownership. Mayor Ferre: All right, is there a motion? Mr. Plummer: You had a motion. Mr. Perez: I moved. 74 MAR 2 4 1983 .N Ift Mr. Plummer: Second. Mayor Ferre: Perez moves and Plummer seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Perez, who moved its adoption: RESOLUTION NO. 83-270 A RESOLUTION GRANTING A CONDITIONAL USE AS LISTED IN ORDINANCE 6871, ARTICLE V, SECTION 1(6)(h), TO PERMIT A DEVELOPMENT OF A PLANNED UNIT NATURE (PUN) ON LOTS 16 AND 17, BLOCK D, BISCAYNE PARK TERRACE SUB. (2-36), ALSO DESCRIBED AS APPROXIMATELY 2741 SOUTHWEST 22ND AVENUE, AS PER PLANS ON FILE, CONSISTING OF SIX (6) DWELLING UNITS IN SIX (6) STRUCTURES; ZONED R-1 (ONE FAMILY DWELLING). (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. 30. APPROVE CODESIGNATION OF N.W. 35TH COURT FROM N.W. 7TH TO N.W. 11 STREETS AND N.W. 35TH COURT TO AVENIDA LUZ Y CABALLERO. Mayor Ferre: Item 37. Mr. Plummer: With 37 objectors that is non -controversial? Mayor Ferre: Well, Commissioner Carollo asked for item 37. Mr. Plummer: Oh, I'm sorry. Mayor Ferre: Is there anybody here on item 37? Are the applicants here? Mr. Carollo: Yes, they are here. Mayor Ferre: All right, why don't you step forward. This is called Kamikaze day. This non -controversial item, which was recommended denial by the Planning Department. The Plat and Street Committee recommended denial. The Planning Advisory Board recommended denial unanimously, 5-0. There were only 25 objectors received by mail and 11 replies in favor received by mail. One proponent present at the meeting. Application to co -designate N.W. 35th Court as Avenida Luz Y Caballero. On this non- controversial item, is there a motion? Mr. Gary: Mr. Mayor. Mr. Carollo: Did you ask for any objectors? sl 75 MAR 2 41983 V Mr. Gary: Mr. Mayor, it appears that our concerns are coming to a reality in that it appears that the exceptions are now becoming the rule. We recognize the right in the wishes and desires to recognize outstanding leaders here in Miami. We have proffered and we though we had pretty much the City Commission's concensus and also ... which was recommended by the Plat and Street Committee... that people be recognized by a monument or little plaque in the street as opposed to changing the names at the intersections as opposed to becoming a big landslide. Mayor Ferre: Can we get one of those for Commissioner Plummer? Mr. Plummer: Yes. Mr. Gary: I think we ought to get one for all,kthe Mayor and the Commission. Mr. Plummer: You can get one for Commissioner Plummer because you are going to erect it at West Central Little Havana, if you don't do something down there. Mr. Carollo: You have all the caskets in the neighborhood. Mayor Ferre: I thought that was a historical site. Mr. Plummer: It's historical, all right. Mayor Ferre: What do you in it? You are working out a resolution for all this? Mr. Carollo: What are the objections that the Planning Department have? Mr. Plummer: What is the substitute? Mr. Joe McManus: Mr. Mayor, Members of the Commission, Joe McManus, Assistant Director of Planning Department, the Commission revised their policy on street naming by Resolution 82-992 last October. What that said was that you would prefer to have markers or plaques in preference to co -designation. Following through on that, we had recommended as a substitute, that there be a marker placed in immediate N.W. 35th Court between N.W. 7th and Ilth Streets. Mr. Gary: In compliance with the policy. Mayor Ferre: Do you mind if I consult with my attorney on this? Pablito, ven aca. Danos to numbee y direccion. Mr. Pablo Ramirez: COMMENTS IN SPANISH. Mr. Aurelio Perez-Lugones (TRANSLATING FOR MR. RAMIREZ): Pablo Ramirez, 2235 S.W. 27 Terrace. Mayor Ferre: COMMENTS IN SPANISH. Mr. Perez-Lugones (TRANSLATING FOR MAYOR FERRE): Pablo, as I understand it, the City has made you an offer about a monument on the street. Have you accepted that? Mr. Ramirez: COMMENTS IN SPANISH. Mr. Perez-Lugones (TRANSLATING FOR MR. RAMIREZ): What we wanted was the number of the street on top and the name of the street below. Mayor Ferre: O.K., do you agree with that now, Mr. Manager? Are we in agreement? Mr. Gary: No. Mr. Perez-Lugones: (TRANSLATING INTO SPANISH FOR MR. RAMIREZ) Mr. Ramirez: COMMENTS IN SPANISH. r sl 76 MAR 2 41983 Mr. Perez-Lugones (TRANSLATING FOR MR. RAMIREZ): And instead of being a Plaza they want it to be PASEO, which may be akin to a Boulevard; from 7th to llth. Mr. Carollo: Mr. Mayor, why don't you have him explain who he wants the street named after. Maybe that would.... Mr. Perez-Lugones: TRANSLATES QUESTION TO MR. RAMIREZ. Mr. Ramirez: COMMENTS IN SPANISH. Mr. Perez-Lugones (TRANSLATING FOR MR. RAMIREZ): Jose de la Luz y Caballero was an educator, a philosopher and here we have an institution called Orden Caballero de la Luz which was founded in 1873. We want to call that street which is actually a Paseo, that name. Mr. Perez: Mr. Manager, what is the difference... the Administration doesn't recomment this one and we have, for example, in Wynwood, we have a street... the number of the street would be named.... Mayor Ferre: Eugenio Maria de Ostos. Mr. Gary: We didn't recommend that either. Mayor Ferre: That's because we discriminate againt Cubans. Mr. Perez: I think that around 20th Street we have a similar case. I think that is only about four blocks. Mr. Gary: Commissioner Perez, the Administration has been consistent on this matter. Mayor Ferre: That's the problem. Mr. Gary: That's the problem, yes. Mr. Carollo: I want the City Commission to be consistent on this matter too. I make a motion to approve it. Mayor Ferre: There is a motion on the floor for this progressive move. Mr. Perez: I second. Mayor Ferre; Non controversial item on Kamikazi day. Perez seconds. Further discussion? Back up the Administration in their consistency. Further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-271 A RESOLUTION APPROVING CO -DESIGNATION OF NORTHWEST 35TH COURT FROM NORTHWEST 7TH TO NORTHWEST 11TH STREETS AS "NORTHWEST :35TH COURT/PASEO JOSE DE LA LUZ Y CABALLERO; REQUESTING DADE COUNTY DEPARTMENT OF PUBLIC WORKS TO MAKE AND ERECT STREET IDENTIFICATION SIGNS; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO FORWARD THIS RESOLUTION TO AFFECTED AGENCIES. (Here follows body of resolution, omitted herein and on file in the Office of the Clerk). Upon being seconded by Commissioner Perez, 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. 77 MAR 2 41983 sl M ON ROLL CALL: Mr. Plummer: I have to be consistent, like the Administration, in consistently voting against them. I vote yes. Mr. Carollo: Does that mean we can now reconsider renaming Memorial Boulevard Cuban Memorial Boulevard again, Mr. Plummer? Mr. Gary: I'm glad we're not in Great Britain because that sounds like a vote of no confidence. Mayor Ferre: That's what Reboso says all the time. 31. BRIEF DISCUSSION ITEM: FAVORING STAND TAKEN BY CITY ATTORNEY AND CITY MANAGER IN REGARD TO RENT OWED TO THE CITY BY THE MI94I DOLPHINS. Mr. Dawkins: Mr. Manager and Mr. City Attorney, I would like to go on record letting you know that I support the stand which you have taken with Joe Robbie. I am in favor, if Joe Robbie does not pay us the money he owes us, that we evict him from the Orange Bowl. Mr. Gary is aware of who he is. I'd just like to go on record to let you know, since the papers seem to think that Mr. Robbie... Mr. Robbie and all seem to think that you have no backing. At least you have me. Mr. Gary: I'd like to say that we appreciate that support. Opposition is we love the Dolphins and we would like them to stay here, but we would like for them to also treat us fairly in terms of the agreed upon contract we have with them. Mayor Ferre: And for a change, Plummer agrees with the Miami Herald's editorial, which says that Robbie should pay. Mr. Plummer: The only question I have, Mr. Gary, you have notified the N.F.L., which is called for in the contract. Mr. Gary: Yes, sir. Mr. Plummer: It is in my understanding a separate contract as it relates to the concessions. Mr. Gary: Yes, sir. Mr. Plummer: Have you put them on notice that they are not in compliance with that contract? Mr. Gary: Yes, sir. Mr. Plummer: So there are have been two separate letters sent? Mr. Gary:. Yes, sir. Mr. Garcia -Pedrosa: No, one letter with two contracts. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: In other words, we are talking about two separate issues. Mr. Gary: It covers both. Mayor Ferre: Mr. Manager, while we are on the subject of the Dolphins and the Orange Bowl and the Stadium, I noticed...there is a memo on top of my desk now, which I read at noon, which says that the Orange Bowl Committee sl 78 MAR 2 41983 Mayor Ferre (CON'T): now has a committee going, and the Chamber has a committee going. You want to have Rick I would like to add J.L. Plummer. Mr. Gary: That's fine, Mr. Mayor. Mayor Ferre: Not that I don't have any confidence in Rick's representing the Commission as well as the Administration. It's that I would like to have a sense of continuity. I think J.L. has been involved in all of this. Unless somebody objects to it, I will designate Commissioner Plummer as the Commission representative on that committee. Mr. Dawkins: So move. Mr. Gary: We'd like that. I'm sure if you have confidence in Vice Mayor Plummer, you will also have it in Rick Horrow. Mayor Ferre: I have confidence in both of them. I just want both of them involved. So when you proffer the name of Rick Horrow, also proffer J.L. I assume you would accept. 32. MOTION TO DENY A REQUEST FOR ZONING CLASSIFICATION 2169-2177 S.W. 12 STREET FROM R-1 TO R-2. Mr. Felipe Alvarez: I have been waiting here since 9:00 o'clock. Mayor Ferre: What item are you here on? Mr. Alvarez: Number 5, sir. I don't think it will take more than three minutes. You either grant it or deny it. Mayor Ferre: Let's go on. Mr. Alvarez: This is our third time here. Mayor Ferre: This is an application by Felipe Alvarez and Roberto Ramiro to change the zoning. The Planning Department recommended denial. The Zoning Board recommended denial 6-1; one objector; eleven replies in favor; two opponents. Mr. Alvarez: All the area to the north, south, the whole area.... Mr. Carollo: Can we see it up in the screen, please? Mayor Ferre: We are on item 5. This is a change from R-1 to R-2. Mr. Plummer: As I recall, Max, your contention at the last meeting was that this map that was indicating was not correct. Mr. Alvarez: Mr. Whipple said that they had given us a form, but it had been erroneously prepared, as set forth above.... Mr. Plummer: The actual reason you were deferred was to give you.... Mr. Alvarez: ....an opportunity to counter that. What we would like to say is this. The entire area is full of duplexes that are being used as duplexes, or at least two units, both to the direct north and to the east of the 44 unit apartment house. If these are all nonconforming units, what we have actually is changing the character of the entire neighborhood. What we are asking...we are right on the line, right next to the actual line, where it is R-2. What we want to do is put a duplex, which is in complete conformity with the character of the entire neighborhood. It's in conformity sl '79 MAR 2 41983 Mr. Alvarez (CON'T): with the density under your new master plan. One of the homes here has already been demolished by Mr. Alvarez on Lot No. 19. All we are asking for is a duplex that is contiguous to the R-2 zoning. As I've heard this morning by the Mayor and this afternoon, they want some conformity. I just looked at the prior inconsistensy, you just change the C-1 to a C-4. It was immediately contiguous. We are not asking for an out of character change. Mr. Carollo: How large are the lots there? Mr. Alvarez . 100 x 120, the two lots. Mr. Carollo: Two lots. Mr. Alvarez • 50 x 120. Mr. Carollo: 50 x 120, the individual lots. Mr. Alvarez . We have sewer connection. Mr. Carollo: S.W. 22 Avenue is R-2 on both sides. Right, Mr. Whipple? Mr. Richard Whipple: Yes, sir. Mr. Carollo: Across the street from S.W. 22nd Avenue, that whole area down there, is it R-2 or R-l? Mr. Whipple: R-1, sir. Mr. Carollo: Going back in the area where they are at is all R-1, correct? Mr. Whipple: To 17th Avenue, yes, sir. Mr. Carollo: So, in essence, the only area that is R-2 is right on S.W. 22nd Avenue. Mr. Whipple: Yes, sir. Mr. Carollo: Where is the nearest R-2 in the area besides 22 Avenue. Mr. Whipple: I would have to get a map in front of me to answer that correctly, Commissioner. Mr. Alvarez: I believe 9th Street is R-4. Mr. Whipple: I believe it would be down south towards Coral Way. Mr. Carollo: Well, I tell you.... Mr. Alvarez: If you look immediately north as he says, where it says Lot 13, immediately north of us, on Lots 6, 7, 8, 9, and 10---they are all duplexes or triplexes. They may not be zone changes, but they are nonconforming uses. They are all being used. That's why this entire character has changed. You go down further to the east of the Lots 22, they have a duplex; Lot 21 is triplex, or at least a garage has been converted into a rental unit. Come down one block further over to block 2, just below the school.... Mr. Carollo: Are you making notes of that so the Zoning Department can do their job for once? Mr. Whipple: I'm not going to respond on hehalf of the Building Department. We have noted it, yes, sir. I'd like to respond to it, if I may. Mayor Ferre: Go ahead. s Mr. Carollo: The reason I am saying that is because when you have people in here under the full pretense of because when someone is doing something illegally, that gives them the right to come and do the same thing, but legally, is incorrect. I think that it speaks very poorly of our Building and Zoning Department for things like these to be going on in our City. It is not just this area. Just about any block you go to, you have the same thing going on. We hear how bad the Zoning Department used to be under the previous people. Now the Fire Department has it. What the heck has changed? Nothing, just the uniform and the faces. Mr. Whipple: We have a representative here who I am sure is taking note, Commissioner. I would like to comment on this if I may on this area. We did revisit it. We did do an outside check, if you will. This is an area of older homes. They are substantial homes. They are very well maintained in spite of their age. Undoubtably, there are occasional nonconformities and perhaps, illegal renting, if you will. I did not see any conversions or additions, as such, which would indicate that there have been illegal construction without permits in additional units. It is an older area, but it is very well kept. It is predominantly single family without any question at all. Notwithstanding the sites that have been made here. The sites that been made range in a two block area. We do not feel that this is a reasonable basis for changing and breaking down a zoning pattern for just two lots. Mr. Plummer: How long ago did your client buy the property. Unidentified Speaker: Five tm se -en years. Mr. Carollo: I tell you what. I'm going to make my feelings known real clearly. I think it is wrong to change those two lots to R-2 from R-1. If this Commission plans to change that, give me a few months' notice so I can get some investors to buy the whole area as R-1, then you can change to R-2, and we could all do fine. This is ridiculous. I mean, what we are going to be doing is changing those two lots and the whole area is going to be changed. There are a lot of people in that area. I know that area because I have two aunts that live in the area. That whole area was bought by people that want to have single family homes. There might be some that are looking at it from the point of view of an investment. Sure, they are going to build another home in the back, if there is room. Or, go ahead and tear down if it is an old structure and just build a new duplex; they are going to make a hefty profit. But how about the people that don't want to do that? The people that have lived there for a long time? Of course I am. I could understand if that whole other area was R-2. But the only area that is R-2 is on 22 Avenue, where it is quite a change. There is a big difference on 22nd Avenue. You have four lanes there on 22nd Avenue, since it was recently redone. If nothing else, on either side of 22nd Avenue within that immediate area is R-2. So by us going and changing those lots from R-1 to R-2, we're going to change the whole complete area. And if we do it for those two lots, we have to do it for all of them. That is incorrect. I make a motion to deny the request. Mayor Ferre: Is there a second? Mr. Plummer: Second. Mayor Ferre: Further discussion? Call the roll. sl MAR 2 41983 The following motion was introduced by Commissioner Carollo, who moved its adoption. MOTION 83-272 A MOTION OF THE CITY COMMISSION DENYING A REQUEST FOR CONSIDERATION OF REQUESTED ZONING CHANGE AT APPROXIMATELY 2169-2177 S.W. 12 ST., FROM R-1 TO R-2. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. Vice Mayor J.L. Plummer, Jr. Mayor Maurice Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins ----------------------------------- - NOTE FOR THE RECORD: Agenda items 9, 10, 13, 14, 15, 16, 17, 18, 19, 20, 25, and 28 are continued. --------------------------------------------------------------------------- 33. FIRST READING ORDINANCE: ADD HC-2 RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT TO LIST OF ZONING DISTRICTS FOLLOWING HC-l. Mayor Ferre: Is there anyone here who wishes to speak to item 21 or 22? Mr. Jack Luft: This item was deferred from the February meeting on Commissioner Dawkins' concern about the 100% deferral of parking. I spoke to him twice again today. We would recommend substituting instead of 100% of parking waived the term not to exceed eight parking spaces, which he.... Mayor Ferre: Would somebody see if they can get Commissioner Dawkins in here. Mr. Luft: ....he had indicated to me was acceptable. Mayor Ferre: Based on that representation, if Dawkins has any further ideas that it is not acceptable, we'll revisit this issue. Based on that, is there a motion on 21? Mr. Carollo: So move. Mayor Ferre: Is there a second? Mr. Perez: Second. Mayor Ferre: Further discussion? Read the ordinance. Further discussion? Mr. Dawkins: Yes, is this the one where we will guarantee a minimum of eight parking spaces? Mr. Luft: A maximum of eight spaces can be deferred. No more than that. Mayor Ferre: Further discussion? Call the roll, on first reading only. sl 82 ,BAR 2 41983 -it sl ANY ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY AMENDING ARTICLE III - ZONING DISTRICTS, SECTION 1-CLASSES AND SYMBOLS, BY ADDING "HC-2: RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT AFTER HC-1: GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT"; FURTHER, BY ADDING A NEW "ARTICLE XXI-11 HC-2) RESIDENTIAL OFFICE CONSERVATION OVERLAY DISTRICT"; PROVIDING FOR INTENT, EFFECT, USE REGULATIONS, LIMITATIONS ON USES, AREA, YARDS, HEIGHT, LOT COVERAGE, FLOOR AREA RATIO, LANDSCAPING, OFF-STREET PARKING AND CERTIFICATES OF APPROPRIATENESS; BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE APART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; AND BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND 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 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. 34. FIRST READING ORDINANCE: ADD HC-2 RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE NEW ZONING ORDINANCE NO. 9500 Mayor Ferre: Take up 22. Mr. Plummer: With the change effective at the time of the effective 9500. Mr. Garcia -Pedrosa: No, no, no, let's just say when effective. Mr. Plummer: When effective. I move 22. Mayor Ferre: All right, Plummer moves. Is there a second? Mr. Perez: Second. Mayor Ferre: Perez seconds. Further discussion? Read the ordinance. Further discussion? On first reading, call the roll. •MAR 2 41983 I j AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9500 (UPON BECOMING EFFECTIVE), THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA$ BY AMENDING ARTICLE 16 OF SAID ORDINANCE ENTITLED "RC: HERITAGE CONSERVATION DISTRICTS;" MORE PARTICULARLY BY ADDING A NEW "SECTION 1611. HC-2: RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT;" PROVIDING FOR INTENT, EFFECT, USE REGULATIONS, LIMITATIONS ON USES, AREA, YARDS, HEIGHT, LOT COVERAGE, TiiOOR AREA RATIO, LANDSCAPING, PARKING, AND CERTIFICATES OF APPROPRIATENESS; AND BY MAKING ALL THE NECESSARY CHANGES IN THE ZONING ATLAS MADE A PART OF SAID ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABIL1 Y 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 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. 35. APPLY PROPOSED HC-2 RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT TO PROPERTY LOCATED AT 3041 OAK AVENUE (DR. Et4ERSON W. AYARS HOUSE) . Mayor Ferre: The next item is 23. Mr. Luft: Mr. Mayor, in accordance with Commissioner Plummer's desire, the property owner is here to give her endorsement to this designation. Mayor Ferre: Will the property owner please step forward. Your name and address for the record... Ms. Sharon Allen: My name is Sharon Allen. I live at 3041 Oak Avenue, otherwise known as the Dr. Emerson Ayars House. I'm definitely in favor of it. I'm here. I also have a petition from 85 property owners that are in favor of the historic amendments as well as this project. Mayor Ferre: Would you give them to Mr. Luft? Mr. Luft, would you give them to the Clerk? Mr. Plummer: Question, Mr. Luft, I noticed that this thing was denied. Mr. Luft: This was not denied. Mr. Plummer: Items 23 and 24 were denied by the Board. sl 84 MAR 2 4 W3 Mr. Luft: It did not have a four member quorum. Mr. Plummer: That is immaterial. It was denied. INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD. Mr. Luft: The only concern at that point, before the board, was the fact that all of the required parking was not on site. We have solved that problem. All the parking is now on site, all the required parking. That was the only condition that concerned the board on ghat vote. We have resolved that problem. Mayor Ferre: Is this, are they in opposition? Ms. Allen: That has also been approved by the Dade Heritage Trust. It also went through the Public Works Department. Mr. Campbell is here today. We designed the parking requirements through his Public Works Department. Mr. Plummer: How come it was not taken back to the board? Ms. Allen: There was not enough time between meetings to do that, sir. We have been deferred a number of times. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Luft: We are approving the zoning. This is a consideration. It's just a site plan consideration. We're trying to get the zoning in place here. Mayor Ferre: Further discussion? Is there a motion on this item? Mr. Carollo: So move. Mayor Ferre: It's been moved by Carollo. Is there a second? Mr. Perez: Second. Mayor Ferre: Second by Perez. Further discussion? I'd like to thank you, Ms. Allen, for your very nice letter of March 17th. Was the luncheon for Mr. Benneby today? Ms. Allen: It was today and he was unable to attend because he had a mild heart attack. He really couldn't go. He was very appreciative of the award that he got at the last Commission meeting. Mr. Plummer: I hate to tell you there is no such thing as a mild heart attack. Mayor Ferre: Thank you, is there further discussion on this? Ms. Allen: It's the ones that don't kill you that are mild. Mayor Ferre: Call the roll, please. Mr. Garcia -Pedrosa: Let me read the ordinance, Mr. Mayor. Mayor Ferre: All right, further discussion? Call the roll. 51 S5 MAR 2 41983 sl AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY APPLYING THE HC-2: RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE "DR. EMERSON W. AYARS HOUSE," BEING APPROXIMATELY 3041 OAK AVENUE, (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo, and seconded by Commissioner Perez 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. 36. APPLY ADD PROPOSED HC-2 RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT TO PROPERTY LOCATED AT 3041 OAK AVENUE (DR. EMERSON W. AYARS HOUSE). Mayor Ferre: We are now on item 24. Is the owner present? Mr. Luft: This is the same item in changing the wording to when effective in the new code. Mr. Garcia -Pedrosa: Yes, because that is a companion item. Mr. Plummer: This one was denied 4-1. Ms. Allen: They could not act on it, if they could not act on the one preceding. Same situation. Mr. Plummer: The other one was 3-2. This one is 4-1. Now, what excuse are you going to give me this time. Mr. Luft: The same, exact item. There was some confusion. Mr. Plummer: Why is it a different vote if it is the same, exact item? Mr. Luft: Because there was confusion on the board on whether or not they could act. Mayor Ferre: Like there is confusion on this board once in a while. Mr. Garcia -Pedrosa: They are fickle, that's all there is to it. ,MAR 2 41983 r., 7 Mayor Ferre: With that, Plummer moves. Perez seconds. Further discussion on item 24? Call the roll. Mr. Plummer: Only to help Dr. Benneby recover. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9500 (UPON BECOMING EFFECTIVE), THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY APPLYING THE HC-2: RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE "DR. EMERSON W. AYARS HOUSE," 3041 OAK AVENUE, (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES IN THE ZONING ATLAS MADE A PART OF SAID ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer, and seconded by Commissioner Perez and passed on its first reading by title by the following vote: AYES: * Commissioner Joe Carollo *NOTE: Commissioner Carollo, though Commissioner Demetrio Perez, Jr. absent on roll call, later requested Commissioner Miller J. Dawkins of the Clerk to be shown as voting Vice Mayor J.L. Plummer, Jr. with the motion. 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. 37. FIRST READING ORDINANCE: ADD PROPOSED HC-1 GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO NEW OFFICIAL ZONING ATLAS CON- CERNING PROPERTY LOCATED 3033-35 GRAND AVENUE, THE,VARIETY SHOP/ THE GREAT A & P TEA CO., ALSO KNOWN AS THE I CHING BUILDING. Mayor Ferre: Take up 26. Is the owner here? Ms. Joyce Meyers: Mr. Mayor, the owner was here on an earlier item. The I Ching Building, where they had an extension of the parking variance. He stated on the record at that time that they were supporting this designation. Mayor Ferre: Is that acceptable to you, Plummer? All right, further discussion? Plummer moves. Mr. Plummer: I'm sure we'll hear from them if they don't. Mayor Ferre: Perez seconds. Further discussion? Read the ordinance, 26. Call the roll. sl 87 MAR 2 419$ 3 sl AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9500 (UPON BECOMING EFFECTIVE), THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY APPLYING THE HC-1 GENERAL USE HERITAGE CON- SERVATION OVERLAY DISTRICT TO "THE VARIETY SHOP/THE GREAT A & P TEA COMPANY," 3033-35 GRAND AVENUE, (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES IN THE ZONING ATLAS MADE A PART OF SAID ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer, and seconded by Commissioner Perez and passed on its first reading by title by the following vote: 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. 38. FIRST READING ORDINANCE: ADD NEW SEC. 1612 (HC-3 RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT) TO THE NEW ZONING ORD. 9500. Mayor Ferre: 27 is next? Mr. Luft: Yes. Mayor Ferre: All right, take item 27. Ms. Meyers: Item 27 is an overlay district that translates an existing SPD district into the new format of 9500. This was previously approved by the Commission last year in the form of SPD-7, I believe. Mayor Ferre: Any problem with that? Plummer, do you have any problem with that? Is there a motion? Mr. Perez: Move. Mayor Ferre: Moved by Perez. Second by... Plummer? Further discussion? Read the ordinance. Call the roll. MAR 2 41983 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9500 (UPON BECOMING EFFECTIVE), 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 1612 HC-3: RESI- DENTIAL - OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT;" PROVIDING FOR INTENT, EFFECT, USE REGULATIONS, LIMITATIONS ON USES, AREA, YARDS, HEIGHT, LOT COVERAGE, FLOOR AREA RATIO, LANDSCAPING, PARKING AND CERTIFICATES OF APPRO- PRIATENESS; AND BY MAKING ALL THE NECESSARY CHANGES IN THE ZONING ATLAS MADE A PART OF SAID ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABLITY 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 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. 39. FIRST READIFG ORDINANCE: ADD PROPOSED HC-3: RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT TO NEW OFFICIAL ZONING ATLAS OF ZONING ORDINANCE 9500 TO PROPERTY AT 111 S.W. 5 AVE. "J.W. WARNER HOUSE." Mayor Ferre: We are now on item 29. Ms. Meyers: The property owner is here on this one. Mayor Ferre: I know. Can we get the property owner to make a statement? Mr. Tim Blake: Yes, your Honor, Tim Blake, I'm one of the four partners in the Warner House. This is in the East Little Havana area, a positive sign of improvement and construction. We are 2/3 of the way through. We favor this. This is the third time now you have declared it historic. We are in favor of it. Mayor Ferre: Is there a motion? Mr. Carollo: Move. Mayor Ferre: Moved by Carollo. Is there a second? Mr. Perez: Second. MAR 2 41983 sl Mayor Ferre: Second by Perez. Further discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9500 (UPON BECOMING EFFECTIVE), THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY APPLYING THE HC-3: RESIDENTIAL - OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE "J.W. WARNER HOUSE," 111 SOUTHWEST 5TH AVENUE, (MORE PAR- TICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES IN THE ZONING ATLAS MADE A PART OF SAID ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, 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 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. ON ROLL CALL: Mr. Plummer: Did you disclose who the other owners are? Mr. Blake: Sally Jude, Dolly McIntire, and Maggie Wood. The name of the partnership is The Magic City Restoration Company. 40. DISCUSSION: APPEAL BY SUNSET VILLAS ON VARIANCES GRANTED TO JACAROL BAY CLUB. (See later, same meeting). Mayor Ferre: We are now back to item one. Ms. Weissenborn, I apologize for this long, long delay. It was a long lunch. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Carollo: If I may, it would be appropriate, so we can know who we are dealing with, can all the people in your party be identified the people who are opposed to this? Ms. Weissenbar, can all the people in your party be identified? Thank you. Mr. Matthews: Mr. Mayor, Mr. Carollo, to my knowledge I represent Sunset Villas Phase III Condominium Association. To my knowledge, there is no one else. Mr. Carollo: You are alone, then. All right, nobody is with you. Ms. Weissenbar? 90 .MAR 2 41983 sl 1 0 Mx. Weissenborn: To my knowledge there is nobody here to speak on our behalf but myself. Mr. Carollo: No one is with you. The other two gentlemen that are with you are just advisors? MS. Weissenborn Correct. Mr. Carollo: Thank you. .g.Weissenborn: During the break today, I went back and got a corrected affidavit to reflect the proper address so that everybody knows. I have it signed by Mrs. Weiss. I watched her sign it. There was again a typo, which I caught this time. The problem is that there is within.... Mr. Gary: May I, if I can. Can I suggest, Mr. Vice Mayor, that we put her on oath to make that comment? It is just one number at the end. It is a five. M;.Weissenborn: Which she corrected on her affidavit. Mr. Gary: Right, can you put her under oath, Mr. Vice Mayor? Mr. Plummer: Put her under oath for the second time. OATH ADMINISTERED BY THE CITY CLERK Mr. Ralph Ongie: Raise your right hand, please. Do you solemnly swear that the evidence you are about to give in this matter will be the truth, so help you God? M.;. Weissenborn: I do. Mr. Plummer: While you are under oath, I want to ask a question. You show in the application, excuse me for just a moment, you show that this gentleman by the name of Pablo G. Arosemena.... M;.Weissenborn: It was my understanding that was corrected. That occured, I believe, at the December 16th hearing, where that discrepancy occured. It was my understanding that subsequent thereto there was a correction to that application showing the 1982 Alien Corporate Tax Return. Mr. Perez-Lugones: As sort of a history, you have the previews in the fact sheet. You have what has been happening. You have a copy of the document from the State of Florida that shows the change from Arosemena to some other gentleman. Mr. Plummer: Do I have that document? Mr. Perez-Lugones: You have that in there somewhere. Mr. Plummer: What about our document? The City of Miami's disclosure form? Mr. Perez-Lugones: I believe that the submission was only for the... Let me check. Mayor Ferre: What are we doing now? Can we move along? Mr. Perez-Lugones: The way they presented to the City the change in ownership went through the State of Florida. M,S.Weissenborn: It is the Corporation Department of the State of Florida. Mr. Plummer: Ms. Weissenbar, the latest document that I have in my packet says that the Keen Enterprises, S.A., Pablo Gaspar Arosemena owns 100% of the stock. 61 91 MAR 2 41983 sl Ms.Weissenborn: My understanding, Commissioner, that was corrected after the December 16th hearing. Mr. Plummer: That is the last disclosure form I have. Mr. Perez-Lugones: That was amended. Mr. Plummer: Where is it? Where is the amendment? Mr. Perez-Lugones: By the form that they provided from the State of Florida in which.... Mr. Gary: Show it to him, will you? Mr. Garcia -Pedrosa: Here, I'll show him mine. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: That doesn't say he is the owner. What does that tell me? You see, here is my problem. Let me see that. Now, if I understand what Commissioner Carollo proposed in his disclosure forms was that this Commission would know who the owners were. Correct? Now, the latest document which we have a copy of is signed by Intercon...it is not signed. Yes, it is, Caroline Weiss on February 16th, it says Kean Enterprises, Mario Fonseca, President and Director, Jose Del Carmen Espino, Secretary and Director. It does not say that they are the owners. They are the principals of the corporation. No where does it say they are the owners. ms.Weissenborn: It was my understanding that there was a document that had been submitted that also showed the ownership. Mr. Plummer: I ask that it be supplied to me. Ms. Weissenborn; If I could have five minutes, I can call to see if it was, in fact.... Mr. Plummer: Mr. City Attorney, excuse me, if you don't have that document, how can you tell me that this application is properly before us? You've told me that this is properly before us. Mayor Ferre: Mr. Plummer, it is 4:45 P.M. Mr. Carollo: Ms. Weissenbar, if I may, I would just like to have for the record, these people that are helping you go through a lot of records, can they be identified by their names? Mr. Kevin Brady: My name is Kevin Brady, I'm an associate with Intercontinental Properties, Caroline Weiss. Mr. Carollo: O.K., and the gentleman behind you there? What is his association with this project? The two gentlemen behind there. Mr. Manuel Jurado: My name is Manuel Jurado. Mr. Sam Nader: Sam Nader. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Ferre: Are we, are you going to call and get all your names and all that? Ms.Weissenborn: I'm getting the name. It was my understanding that this was all straightened out with the Department. That the name, the disclosure, the ownership had been filed. Mayor Ferre: Mr. Perez-Lugones, Ms. Weissenbar, until you do that, we are going to go on to something else to save some time, all right? 92 013 .AFAR 2 419W 41. BRIEF DISCUSSION AND TEMPORARY DEFERRAL: APPEAL BY APPLICANT OF VARIANCE DENIED OF AN EXISTING FLORIDA ROOM ADDITION TO DUPLEX AT 441-441 1/2 SLW. 35 AVENUE. (See later, same meeting) Mayor Ferre: Take up item 31 right now. Would you change the map so that we can look at item 31? 31, this is an appeal by Ernesto Serrano and Miguel Lemus of the variance denied to permit an existing Florida room addition to the duplex at 441 and 441 1/2 S.W. 35 Avenue. Mr. Gary: Mr. Mayor, since we were chastized Earlier for not enforcing the code, this is a good example where we are. This is an illegal structure that was constructed without a permit. The bad about it is that some form of an addition could have been made if it had been properly... if they had properly followed the process of going through the Building and Zoning Department... Not to the extent which they have built something less, but this is an illegal structure. The addition is more than double the size of the existing structure. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Gary: Mr. Mayor, in addition it appears from staff that he did a portion of the addition with a permit and then added the other without a permit. Mr. Plummer: No, the staff just misfigured. Mayor Ferre: Does that make it better or worse? Mr. Carollo: The question that I have is this. On May we adopt the new zoning ordinance. We are going to have a new set back of 11 feet, instead of 20. Is that correct? The rear yard set back will be 11 feet. Mr. Gary: Ten feet. Mr. Carollo: Ten feet instead of twenty. Is it ten or eleven? I think it is eleven. Ten feet? In other words, come May, if we do adopt that, they will be qualified? As far as the set -back goes, they will be all right then? Mr. Richard Whipple: For that particular point, but we would probably have problems with lot coverage and other possible open space, recreation, livability space requirements. We have not checked it for that, sir. Mr. Carollo: See, this is the only thing that has me holding back on this. If this Commission approves that rear yard set back of ten feet, then, you know, these people, even though when they did this, they were outside of the law, then they would be within the law. On the other had what Whipple stated might present some additional problems. How long will it take you to find out exactly what other zoning violations there might be here, Mr. Whipple? Mr. Whipple: I believe the Building Department has thoroughly inspected the building pertaining to violations. Mr. Carollo: As far as the lot coverage, you had mentioned that. Mr. Whipple: You mean, as far as the new zoning ordinance goes? Mr. Carollo: Right, as far as the lot coverage, are they within the existing ordinance now. If they are not, will they be within the guidelines of the new ordinance in May? Mr. Whipple: It would probably take me five minutes to check it out, sir. sl 93 AR 2 4 1983 42. SECOND READING ORDINANCE: APPLY PROPOSED HC-1 GENERAL USE GENE CONSERVATION OVERLAY DISTRICT TO PROPERTY LOCATED 118-170 N.E. 2 STREET, GESU CHURCH, RECTORY, AND SCHOOL. Mayor Ferre: Can we take up item 2 while we are waiting for items 1 and 31? Is that a controversial item? Mr. Plummer: Move it. Mayor Ferre: Gesu Church, Plummer moves. Mr. Carollo: Second. Mr. Plummer: Let the record reflect that their attorney, Mr. Fitzgerald appeared here at the last meeting and said that they were in accord. Mayor Ferre: Further discussion? Mr. Clark. Call the roll. AN ORDINANCE ENTITLED - Read the ordinance for item 2, please, AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY APPLYING THE HC-1: GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE "GESU CHURCH, RECTORY AND SCHOOL," BEING APPROXIMATELY 118-170 NORTHEAST 2ND STREET, (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES IN TEH ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of February 24, 1983, it 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 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. 9580 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. o4 MAR 2 4 1983 sl a 0 ld 43. SECOND READING ORDINANCE: ADD PROPOSED HC-1 GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO NEW OFFICIAL ZONING ATLAS CON- CERNING PROPERTY LOCATED 118-170 N.E. 2 STREET, GESU CHURCH, RECTORY AND SCHOOL. Mr. Plummer: I will move Item Number 3. Mayor Ferre: Plummer moves. Perez seconds. Further discussion? Read the ordinance. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO, 9500 (WHEN EFFECTIVE), THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY APPLYING THE HC-1 GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE "GESU CHURCH, RECTORY AND SCHOOL," BEING APPROXIMATELY 118-170 NORTHEAST 2ND STREET, (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES IN THE ZONING ATLAS MADE A PART OF SAID ORDINANCE NO. 9500, BY REMENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERA- BILITY CLAUSE. Passed on its first reading by title at the meeting of February 24, 1983, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Perez, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner 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. 9581 The City Attorney read the ordinance into the public announced that copies were available to the members of the and to the public. t� record and City Commission WR 2 41983 1 4 44. SECOND READING ORDINANCE: AMEND NEW ZONING ORDINANCE NO. 9500 BY REVISING ARTICLE 15 TO PERMIT TWO RETORTS AS ACCESSORY USES TO A MORTUARY OR FUNERAL HOME. Mayor Ferre: Item Number 4. This is amending Zoning Ordinance Article 15, Section 1523 of uses to a mortuary or funeral home - seconded by Plummer? How could you do that? Mr. Plummer: I had to. There was only three of us present. Mayor Ferre: Does somebody want to move that on Second Reading? All right Dawkins, do you want to move that again? Dawkins moves. Anybody second it? Mr. Plummer: Since it is on the record, I will second it again with the full understanding that I do not now presently have an application, nor intend to file one, but in no way do I preclude my right in the future to do such. I second the motion, as long as it is all above board. Mayor Ferre: Well, I don't know why you are so anxious to second it. I wouldn't... you got no problems, I don't know... Mr. Carollo: Conflict of interest! (Laughter) Mr. Plummer: Because I have volunteered Maurice Ferre as the first trial run. Mayor Ferre: As a matter of fact, I want you to know that I am going to gyp you, because you are the guy that is going to bury me, but I am going to gyp you out of a good funeral, because the church now permits incineration, so I... Mr. Plummer: Mr. Mayor, I have no fear of your wanting cremation. You are going to have enough heat where you are going. You don't need any pre -heat. (Laughter!) Mayor Ferre: All right. Moved and seconded. Is there any further discussion on this controversial item? Mr. Carollo: Who seconded it? Mayor Ferre: Plummer did. Mr. Plummer: Maurice, this is a hot item! Mayor Ferre: This is a hot item. This is a real!y hot item! All right, read the ordinance on this hot item, please - Number 4. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 9500 (WHEN EFFECTIVE), THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY ADDING A NEW PARAGRAPH 6 TO SUBSECTION 1523.2 OF SECTION 1523 OF ARTICLE 15, ENTITLED "SPI: SPECIAL PUBLIC INTEREST DISTRICTS:" AND DELETING PARAGRAPH 4 UNDER THE "PRINCIPAL USES AND STRUCTURES COLUMN;" CR-2 COMMERCIAL -RESIDEN- TIAL (COMMUNITY N PERMITTED GENERALLY, AND INSERTING A —NEW-PARAGRAPH 4 IN LIEU THEREOF; (PERMITTING TWO RETORTS AS AN ACCESSORY USE TO A MORTUARY OR FUNERAL HOME) ON SHEET THREE OF THE OFFICIAL SCHEDULE OF DISTRICT REGULA- TIONS MADE A PART OF SAID ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 320, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS; OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of Febryary 24, 1983, it was taken up for its second and fins reading by title and adoption. 9 la u MAR 2 41983 V ,t On motion of Commissioner Dawkins, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9582. 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. 45. DISCUSSION AND DEFERRAL OF CONSIDERATION FOR DENIAL OF VARIANCE FOR EXISTING FLORIDA ROOM ADDITION TO DUPLEX LOCATED 441-441 1/2 S.W. 35 AVENUE. Mayor Ferre: Let's do Item Number 31 now. Mr. Richard Whipple: The question was whether the structure as it exists, including the portion that was built without the permit would meet the lot coverage requirements under the New Zoning Ordinance 9500. It would not. The lot coverage would be 52%. The lot coverage permitted by 9500 is 40%. Mr. Carollo: That is under the New Zoning Ordinance. Mr. Whipple: Yes, sir. Mr. Carollo: Under the present zoning ordinance, what percent of the lot coverage can he use? Mr. Whipple: The present zoning ordinance does not have lot coverage pro- visions because of the greater setbacks required. Mr. Carollo: Right, so they would be 12% over the new ordinance in lot coverage. Mr. Whipple: Yes, sir, and that includes the addition. Mr. Carollo: The next question that I have is then - the neighbors that are directly behind them and on both sides of them, have any of those neighbors objected to that? Mr. Whipple: The map on the wall reflects that nobody returned either for or against the petition. The only returns are those that are shown in green, which indicates that they are in favor of the petition. Mr. Carollo: Well, what I would want for.... Mr. Plummer: Well, first - Joe... Mr. Carollo:.... the Department to do before I would vote on it, is to go and speak to the neighbor directly behind and both neighbors on both sides and get either a "yes" or "no" from them. Mr. Whipple: If that is the wishes of the Commission, we could do that and I would like to... ld 9'7 MAR 24 W Mr. Carollo: If all three neighbors... Unidentified Speaker: If I may, Mr. Commissioner, the neighbor on the back is thirty feet away from the fence, so I don't think he will object. Mr. Carollo: Well, what I am saying Maurice, is that the people that are going to be affected are going to be the people that live right around him - people in the back; people on both sides. If all three of those neighbors say "yes", that they don't mind, then that is a different story. Then I can begin to truly consider it. Unidentified Speaker: Okay, thank you very much. Mr. Carollo: As far as people living, you know, blocks away, that really doesn't make that much difference to me, because they are not going to be affected by it. Mayor Ferre: All right, there is a motion by Commissioner Carollo that this item be continued. Is there a second for purposes as stated? All right, call the roll. Mr. Gary: Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Gary: Under discussion, I understand Commissioner Carollo's concern in his directive. I think it is important to note that we have numerous viola- tions in this City that is running rampant. The atmosphere of this community is one wherein people feel that we aren't going to enforce the law. Mr. Carollo: You are right, Howard. You are absolutely correct. Mr. Gary: And I think it is important that once you do...if this City Commission comes to a decision, I hope that it would be in the negative, primarily because once you set a precedent of allowing people to violate the law and the lot under corrected, it is very difficult for us to say "no" to the second person. That is all I have to say. Mr. Carollo: Well, you are making... Mayor Ferre: That sounds like the argument against amnesty for the undocumented and illegals. Mr. Carollo: You are making a good point, Howard, but let me say this. I think that it is our duty also to try to be as fair and humane as possible, and this is what I want to do with these people. They are clearly in violation of the present law and will be in violation of the future law. But, I just want to make the point that - you know it is funny. There are those that, just because they have been losers every time they ran for office, they dedicate their full time attacking members of this Commission, that all we do is give variances, that we don't abide by the City laws and Charter, but then these same people, when it is to their benefit, are the ones that start calling other members of the Commission here, asking them to vote for some of the people they want to be of help to. I just want to make that clear, so that when this certain individual goes to the radio attacking members of this Commission, that he can recall how he tried to encourage some members of this Commission to vote for variances. Mr. Gary: Just one last comment. This is not an argument with Commissioner Carollo. Mayor Ferre: I didn't think so. Mr. Gary: Okay. This particular case, Commissioner and Mayor, the first part of their addition was something they did correctly; the second part was a self- imposed hardship. Obviously, if they knew they had to get one for the first phase, they knew they had to get it for the second phase, so it is a self- imposed hardship. Mayor Ferre: All right. Anything else? Mr. Carollo: Can this be brought up at the very next available meeting, be- fore the Commission? 98 MAR 241983 ld .0 Mayor Ferre: Did we vote on this for a continuance? Call the roll. Mr. Gary: For a continuance - yes sir. THEREUPON, motion to continue this item to the next Commission meeting was approved 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. Gary, can you make sure that someone from the City contacts neighbors and gets in writing a definite "yes" or "no" from the immediate neighbors. Mr. Gary: We will have a form released so they can check "yes" or "no" and have a signature. Mr. Carollo: Thank you. Mr. Gary: Yes, sir. 46. DEFER CONSIDERATION OF APPEAL BY SUNSET VILLAS CONDOMINIUM ASSOCIATION PHASE III -A INC. OF VARIANCES GRANTED TO PERMIT CONSTRUCTION OF AN APARTMENT PROJECT KNOWN AS JACAROL BAY CLUB. Mayor Ferre: Are we ready on Item Number 1? All right, Mrs. Weissenborn. Ms. Weissenborn: I think to answer Commissioner Plummer's request, we have straightened it out. It was my understanding that there had been a Telex submitted with the other information, including the information that Mr. Fonseca was the owner of the stock in this corporation. Since there has been the request, the agent, Intercontinental Properties, is sending over a docu- ment to conform that that is their understanding also. That was my under- standing from Central Bank and Trust, so the disclosure is that Mr. Fonseca, from the best of our knowledge, from what we have determined, being the Trustee of the property, that he is the 100% shareholder in Kean Enterprises. Mr. Carollo: Okay, if may ask this, who was the attorney that did all the paperwork to make this Trust? Ms. Weissenborn: Okay, the attorney that did all the paperwork - I think that most of the paperwork that had been done was through the agency of Inter- continental Properties. Mr. Carollo: In other words, what you are saying is that the attorney that created the Trust, which, if he created the Trust, he had to have known who the owners were.... Ms. Weissenborn: I see what you are asking. Mr. Carollo:.... for the people with Intercontinental Properties. Ms. Weissenborn; I do not know who created the Trust. Mr. Carollo: Well, I would certainly think it would be very advantageous if this Commission could know for the record, maybe some rumors can be put to rest as to whom the attorneys were that created the Trust. Q9 ld .MAR 2 41983 Ms. Weissenborn: I can say that normally in a Land Trust situation, normally it is the attorney who creates.....if you are really talking about the Trust Agreement between the Bank and Kean Enterprises, they are not necessarily going to know who the various stockholders are of'Kean Enterprises, because the corporation acts through its offices and directives, so the corporation in order to go ahead and authorize that Trust Agreement is going to be signed by the president of the association. Mr. Carollo: I realize what you are saying, but we should think it would be common sense that if an attorney would be hired to create a Trust, he would be privy to a lot more information than other people might be, as to who the owners are. I just want to put this in the record for future reference. Ms. Weissenborn: I would like to say that not necessarily in doing property work do we necessarily know of who all the corporate stockholders are in the corporation. If that answers everybody's question... Mr. Carollo: Mr. Mayor, I think it is obvious that the issue as to who the real owners are is not going to be solved at this meeting. Ybu know, I am ready to go ahead and hear everybody out and see if there are still three members of this Commission that haven't changed their minds and still want to vote for this project. Mayor Ferre: Are we ready now to proceed? Anybody want to not proceed? Mr. Plummer: You wanted to ask a question. Mr. Garcia -Pedrosa: Yes, Mr. Mayor, I think that your Ordinance 9419, which is the ordinance you passed on October 29, 1982, on Second Reading, requires written disclosure of any direct or indirect financial interest. It is my understanding that Counsel has come up with a Telex, which I have before me and Vice -Mayor Plummer also has seen, which purports to provide that informa- tion as to the stock ownership in Kean Enterprises, S.A. In order for you to consider this matter, you would have to accept this as written disclosure and I think further, I would suggest that you obtain a clarification that the ownership interest disclosed there is the only ownership interest. Then, and only then do I think that 9419 has been complied with. Mr. Plummer: How the hell can you go this long and still not be right! I don't understand! I really don't! You know, it isn't like this is the first time we have ever heard this damn item. It is not the first time since Carollo made the motion of full disclosure. It is supposed to be something in writing, and it is not there! (INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Ms. Weissenborn: If I might - the ordinance was a new ordinance and I know for the City it was a new ordinance and there really haven't been any guide- lines as to what this City requested, or wanted. I can say from the County's standpoint, once the application is filed, all the disclosure shows is the piece of paper that is attached to the notarized affidavit, which merely says that the ownership interest in this corporation, or within this Trust - these are the beneficial owners, or these are the Trustees, but that particu- lar document itself is not notarized. That is the way that the County does it. And I don't think there have been any guidelines, really, what the City has required. I think that the application - this is part and parcel to the application which has been signed. I think that certainly, if we have a disclosure form based upon the information that I had, we have some here on numerous occasions. I apologize, as this has not been handled by an attorney prior to last night - while I was here at the first Z.A.B., but certainly not from the standpoint of when you passed this ordinance, and I believe that if it is a mere simply signing of a form, as the attorney for the applicant, we can file that disclosure form on whatever form that the City has prepared. Mayor Ferre: All right. Where are we? Go ahead. Mr. Garcia -Pedrosa: I think, Mr. Mayor, in order for you to consider it, you need to accept the proffer... Mayor Ferre: I don't see anybody moving in that direction. The Chair is now open for motions so that we can move along. It is called "bite the bullet time". 100 MAR 2 41983 Mr. Plummer: There is only one motion that can be made as far as I am con- cerned, and this is that it be deferred until the ordinance is complied with! Ms. Weissenborn: If the Department has any kind of a written form that they are now going to require, I would request that a copy be sent to me, so that we can go ahead and maybe we could put this to rest in a manner as to be served by the next hearing we could... Mayor Ferre: All right, onward... Mr. Perez-Lugones: We wi.11 forward this form to you. Mayor Ferre: Is there a second to that motion? Mr. Perez: Second. Mayor Ferre: There is a second to the "bite the bullet" motion. Now, under discussion. Mr. Plummer: Okay, under discussion. All right, a number of questions I want answers before you come back. Number one, according to this Telex, ownership is in the name of Mario Fonseca Lopez. Is he 100% owner, or are there other owners? Number two, who are the other members of the corporation besides the two listed? Ms. Wsissenborn: By members, you are now requesting who are the other officers. Mr. Plummer: Besides the two listed - you have one as president and director and secretary and director. Okay? Then, to the Department - it is my under- standing that there is a great deal of difference between what is being pre- sented here, to us, this evening, to comply with the 1.44, and that which was presented to the Planning Board or the Zoning Board. Am I correct? There has been a change of architecture. Mr. Whipple: That is correct, Commissioner Plummer, in other words, the Zon- ing Board saw more than what you are seeing pursuant to your last request. Mr. Plummer: When we come back, I would like a comparison showing between what was requested, what the Zoning Board saw, and what is before us at the time. Mr. Whipple: We are prepared with that. Mr. Plummer. Okay? I would like a comparison chart. Mr. Whipple: Yes, sir. Mr. Plummer: Mr. Matthews - sir, when we come back, I would like to have a document from you, of two questions, if you wish to answer, and it is your choice. Number one, did you in fact try in any way, shape, or form to pur- chase this property? Number two, did you previously live at the condominium at which you now represent. I would like that at the next meeting, sir. Mr. Matthews: I can answer both right now. Mr. Plummer: Do you wish to? Mr. Matthews: The answer to the first one is, when you say "this property", the answer is absolutely "no". Mr. Plummer: All right. Mr. Matthews: Me, personally? ... never! Mr. Plummer: Or, did you represent any clients who tried to buy it? Mr. Matthews: No, sir. Mr. Plummer: You are hesitating. Mr. Matthews: I, I'm... ld 101 MAR 2 41983 8 Ms. Weissenborn• That was part of that condominium... Mr. Plummer: Okay, he is on the record. Okay. Mr. Matthews: That is what I am trying to figure out. I don't know what you mean by attempt to purchase... Mr. Plummer: Attempt to purchase! Did you, or anyone you represent try to buy this property. It is just that simple. This property is completely delineated. Mr. Matthews: The property that is involved in this application? Mr. Plummer: Yes. Mr. Matthews: No, sir, never. Mr. Plummer: Okay. Mr. Matthews: Now, did I live in... Mayor Ferre: Mr. Matthews, the Chair is going to rule that that is not perti- nent to the motion before us on deferral... Mr. Plummer: I am only... Mayor Ferre: I know what you are doing, and you ask and he can answer it when we hear this, but that is not what we are doing right now. We are voting on deferral. Mr. Plummer: I thought that it was appropriate that you give the reasons for the deferral. Mayor Ferre: That is fine. The request is on record to answer. Get the answers. Further discussion. Mr. Carollo: J. L. is getting practice for the Grand Jury, or something. Mr. Plummer: Yes, sir! Mayor Ferre: All right, further discussion. Mr. Matthews: I am sorry - did you direct me not to respond to the second one? Mayor Ferre: I am saying that is not germane to the motion before us. Now, after the motion is read, if Plummer wants the answers, you can do it. All right, go ahead. Anything else? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 83-273 A MOTION DEFERRING CONSIDERATION OF APPEAL BY "SUNSET VILLAS CONDOMINIUM ASSOCIATION PHASE III -A, INC." OF VARIANCES GRANTED TO PERMIT CONSTRUCTION OF AN APARTMENT PROJECT KNOWN AS 'JACAROL BAY CLUB' UNTIL ALL PROVISIONS OF ORDINANCE NO. 9419, REQUIRING FULL DISCLOSURE OF OWNERSHIP, HAVE BEEN COMPLIED WITH. 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: .102 MAR 2 41983 Mr. Carollo: "No". I'd say let's hear it now. Mayor Ferre: I vote with the motion. I have no objections to the request that all the "t's" be crossed and the "i's" be dotted. Now Plummer, with regards to your question to Mr. Matthews. Mr. Matthews: The second question, Commissioner Plummer, is from 1977 until 1978 (please don't hold me to those dates, I am sorry, sir) I resided at 4719 N. W. 7th Street, Apartment 308, which is a condominium unit located in Sunset Villas Phase III -A - my present client. Yes, sir. I sold that unit.. I am sorry sir, in 1979, or 1980, I am not sure of what time frame. If that responsive to the second question, I'm still not comfortable that I fully responded to the first question, because it just took me by surprise. I have never represented anybody that has ever tried to purchase that property to the west, to my knowledge. Mayor Ferre: All right, thank you very much. We will see you next time this comes before us. Mr. Carollo: If I could make it clear for the record again - this Commissioner wanted this item to be heard today, but other Commissioners again did not want to bite the bullet and vote on it today. (Subsequent statement) Mr. Matthews: Mr. Mayor, I am very sorry, but it is very important to me. The reason I keep scratching my head, in response to your question, I think I... the problem is, I used to work with another law firm: Paul, Landy, Beiley, Harper & Metsch. At that law firm, it seems to strike my memory, that at one time, several years back, when I was in Tallahassee, working for the Division of Land Sales and Condominiums, there have been an individual client of that firm who I...I am not positive, but he may have at one time been involved in negotiations for the purchase of that property, and I am sorry sir...I just want to be as cautious as possible. Me, personally - no, sir, but I don't know that to be the case with respect to my partners. Mr. Carollo: Mr. Attorney, excuse me sir. What is your name again? Matthews? Mr. Matthews: Joe Matthews. Mr. Carollo: Mr. Matthews, I really wouldn't worry about it. You know, if people want to vote for this, they are going to try to find any excuses whatso- ever to hang their hat on, so don't worry about it. 47. A LOTION TO LXTEriD THE EFFECTIVE DATE OF ORDINANCE NO. 9500 PASSED AIM ADOPTED SEPTllMER 23, 1902 TO NOW BECOME EFFECTIVE 30 DAYS FROM MAY 15, 1983. Mayor Ferre: All right, there is a note here that Item Number 46 needs to be deferred because the Commission directed at the last meeting that all cleanup matters on New Zoning Ordinance be heard at the same time. Now, the Planning staff failed to advertise all these matters today and the whole packet, includ- ing the proposals proffered by Mr. Traurig need to be readvertised for the next meeting. Do you concur with that? Mr. Sergio Rodriguez: No, sir, we... Mayor Ferre: Why not? Mr. Rodriguez: For the record, my name is Sergio Rodriguez and I am the Plan- ning Director for the City. Last time when we had this item it was on February 24th and you asked us to bring before the Planning Advisory Board, the house- cleaning amendment and also three additional amendments that were introduced by Mr. Traurig, Mx, Hernando Carrelao and Industries. who presented this item for the Planning Advisory Board as two separate items, the first one being house cleaning corrections on the zoning ordinance as it was presented to you on September 23rd, and the second group as separate amendments to the ordinance. We have kept all the way through both items separated so there would not be any confusion as to which ones were housecleaning items and which ones were separate amendments. In addition to that, on the meeting of the Planning Advisory Board on March 16th, there was a fourth request by Mr. Dan Paul to also look into another possible amendment to the ordinance. When �`� MAR 2 41983 N 4 we advertised for this item to be brought before you, we only advertised those items that we believed were housecleaning amendments from the first packet, what we identify as Amendment "B", and those were the ones that we ran an ad in the paper covering thirty-five pages, in which we dealt specifically with those items. Mayor Ferre: Yes, but if you will recall, the Commission gave you and the Administration specific instructions to consider and proffer a whole series of proposed amendments, and it is not a question of what you want, it is a question of what the Commission wants. This Commission instructed you to look into these things, take it back for the appropriate Board action and come back with a recommendation. Now, based on that, how can it not be part of the consideration? Mr. Rodriguez: I was going through the minutes of the last meeting, which dealt with this and it never was clear to us that you wanted to have them at the same time and we were trying to keep those two items all the way through to be clear. Mayor Ferre: I don't mind dealing with the issues that you have tonight, but I certainly think that we are not through dealing with all of the issues and I think it would just...I see no reason to take up these and then continue this item until we take them all up. Mr. Rodriguez: The next time I will do that. (INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mr. Gary: We have got a problem. Mayor Ferre: You have got a problem. What is the problem? Mr. Rodriguez: Okay, last time you passed a resolution you extended the ef- fective day of the ordinance to May 15th. If you were to extend this item to the next time, you will have to move the effective date again. Also, if I could be very candid about this, we are going to have throughout the year different amendments to deal with the ordinance. The ordinance will require fine tuning as we work with this. Yrni cntilrl we rk until it: iq cmmDletely pertect to approve the whole thing as a package of amendments, or you could go, as we are trying to propose before you, taking the set of housecleaning amendments, allow the ordinance to be in effect May 15th and then continue bringing before you any possible amendment amendments to fine tune the ordi- nance. Mayor Ferre: Well, I am sure you read the article on Sunday. Mr. Rodriguez: I read it. Mayor Ferre: All right, now you know, sometimes I am very critical of the Miami Herald and sometimes I think you have to tell the truth. This is a very carefully researched, and I think fairly well written article, and it certainly brings out an awful lot of red flags for me. I think we have got to go over these things that this article brings out, one by one, and the three main items are new off street parking guidelines for offices and com- mercial buildings that dramatically reduce in some cases by half existing requirements. Planners believe the present requirement is already too lenient. Now, I happen to agree with the Administration's position on parking. I don't understand where the writers of this article say that the Planners believe the present requirement is already too lenient. What Planners? Not the City Planners? Mr. Rodriguez: I cannot answer all that because.. Mayor Ferre: Is that Jack? Where is Jack Luft? Is that you? Where is the Planner that says that it is already too lenient? Is that you? Mr. Luft: No. Mayor Ferre: Well then, who is the Planner.) Id 104 MAR 2 41983 Mr. Rodriguez: If I may something, it wasn't me either, but I don't believe everything that I read in the papers either. Mayor Ferre: Well, I know, but...well, welcome aboard, but that is not the point. It says Planners. What Planners? Mr. Rodriguez: You can ask them. Mayor Ferre: What? xr. Plummer: Private Practice Planners. Mayor Ferre: Oh! Private Practice Planners. (INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mr. Rodriguez: Dade County. Mayor Ferre: Well, with all due respects, because usually the authors are pretty accurate about these types of things. That is one of these...if you don't say who the Planners are, then what does it mean? All right, now the second thing, it says a clause permitting the City Commission to supersede all other zoning rules, and including a major -project. Now, I want to say that I am totally against that. I didn't realize that was in there and if that is in there, I am against that. Mr. Rodriguez: In any zoning case, you supersede other requirements when you accept, for example, a variance or when you accept a conditional use, so in every case... Mayor Ferre: But I understand this is a real superseding type of a thing that totally overrides anything, and I am against that kind of a nebulous, wild card type of a thing, where at the will of the Commission, this Commission or any other future Commission, we can supersede all zoning rules. I can't understand that. I didn't know I voted for that. I have got to tell you - did you, Howard? Did you know we were voting on this? Mr.Gary: I didn't know it was part of it. Mayor Ferre: You know, so I've got to tell you, this is a very important development as far as I am concerned. Mr. Rodriguez: If I may... Mayor Ferre: Yes, sir! (INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mr. Rodriguez: I am in a difficult position defending an ordinance which is kind of a late comer, but I Dr. Bartley here, or Jim Reid, that can defend it. Mr. Plummer: Oh! You mean the world's greatest politician, Dr. Bartley. (LAUGHTER!) Mr. Jim Reid: Mr. Mayor, I would like to make a comment on that provision. Mayor Ferre: Well, wait, before you do, let me read the third one into the record and then you can talk about all of them. "Exceptions from zoning rules and district spacing, the greatest development pressure. The waivers can be granted by the City Planning Director without currently required public hearings. Notifications of nearby property owners and a demonstra- tion of hardship by a developer." Janet Cooper will argue. Where is Janet Cooper? Mr. Reid: Mr. Mayor, Dr. Bartley, I am sure can go into great detail on these items in the paper, but there are three things that you raised. Number one, we have before you some technical and perfecting changes in the zoning ordinance and that is the package in Item Number 46. That is technical and perfecting. Number two, you asked us at the last meeting to hear at the same time that we took up these technical and perfecting amendments, some, if you Id 105 MAR 2 41983 V# 90 will, broad changes in the ordinance as it affects the density and F.A.R., particularly in the Brickell area. We did, and they will come to the Commis- sion at the next Planning and Zoning meeting, so we are not holding this up at all, but you have to distinguish between apples and oranges, between techni- cal and perfecting changes and major zoning changes, okay? Mr. Plummer: Politicians and Protessionals. Mr. Reid: Dr. Bartley can comment on that, because that is his comment. The first thing, Mr. Mayor - you remember a project, the Southeast project, when they came before us on the D.R.I., it was a major project, they also had variances with raspect to the truck bays. They had other variances in zoning that had to be considered at the same time. What this provision in terms of major projects simply says, that rather than putting a developer, when the City Commission elects to choose this route through half a dozen different approvals, you can package the approvals and take them all up at the same time. Mayor Ferre: Is this up front, you mean before or after? Mr. Reid: This is something that you make a determination based on a pre- liminary development plan, whether you want it... Mayor Ferre: At the outset? Mr. Reid: At the outset. Mayor Ferre: In other words, they don't come back and say "Well, we want to waive all of these things and we want to start all over". It is at the outset that we say "Okay, instead of going through the City of Miami zoning, all bets are off and you come back - you the Department come back and recommend. Mr. Reid: Dr. Bartley can comment too. The third point is that the story... Mayor Ferre: Is that used anywhere else in the country, Dr. Bartley? Mr. Reid: The third point is that the article is inaccurate in terms of its comments on the Planning Director's powers are applied in those particular Coconut Grove and Brickell Avenue districts. The intent of that section of the ordinance is to allow variations which improve and go above the minimum standard required under the Zoning Ordinance, so we are not lessening any standard - it is a measure of allowing flexibility when a developer wants to do more. Mayor Ferre: Well, the question before us, because we are not on Item 46, is a request by one of the attorneys, that the whole item be deferred. Now, you are recommending that it not be deferred, and the Chair will rule unless other- wise overruled by the Commission, that we will hear this item, that we will take this item up as far as housekeeping items are concerned, but we will not conclude this until the other issues are also brought before this Commission. Mr. Gary: We are between a rock and a hard place. Mr. Plummer: Mr. Mayor, you know, this thing is all broad and encompassing, and I just don't think you should be taking it up in piece -meal. That is my opinion. (INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD - OFF MIKE) Mr. Dawkins: If they vote deferral, I will vote "yes". If you vote for it, I will vote "no". Mayor Ferre: Do you want to make the motion now? Is that what your motion is, Plummer? This is a major, major item and it is going to greatly affect this City, and we have been moving along on this thing for a long, long time. We spent a lot of money, a lot of time, a lot of effort, and a lot of care- ful consideration has gone into it. I think there are major... I've got to tell you, Doctor, out of those three items - Number one I don't understand, because I don't know who the heck "Planners" are. When I know who the Planner is that objects, then I will think about it, but I don't know the Planner. The other two items really do concern me. 106 Id MAR 2 41983 Dr. Ernest Bartley: May I comment? Mayor Ferre: Yes, sir. Dr. Bartley: Ernest Bartley, consultant to the City on this particular zoning effort. I will not take but just a very few minutes of your time. I think it was Mark Twain who said one time, "I suffered a hell of a lot through my life by being misunderstood, but I would have suffered a hell of a lot more if I had been understood". Dr. Bartley: There are certainly misconceptions given in this story. The major use special permit, to speak to the first point that concerns you, Mr. Mayor - the major use special permit is becoming a very common type of per- mit.... Dr. Bartley:.... in larger cities in the country, for one reason. It enables the governing body to treat in one application the sort of one stop permitting process, if you will, all of the various kinds of actions that would other- wise be necessary. Any changes in the land use plan, and on those, you are of course governed by State law. So far as the business of changes in zoning that might be necessary, any special exceptions that might be necessary, any variances that might be necessary, it enables this Commission to treat those and coordinated fashion. Contrary to newspaper reports, the term "super - variance" does not properly describe this process. There are standards in the ordinance. I refer you to the general section of the ordinance that deals with special permits and this is a special permit, one of several - a, b, c, d; the special exception and the major use special permit. This is not a license for this Commission to do anything it wants to in any way that it wants to. There is a full process by which even the Planning Advisory Board can consider these kinds of developments. The Omni operation, and most of the members of this Commission were on the Board at the time, I believe, that Omni was considered, had involved in it, if my memory serves me correctly, several changes in zoning, some special exceptions and some variances. They were handled at different times by this Commission and different contacts - all we are doing here with this major use special permit - not only to follow the practice in a number of the nation's large cities, but to enable this Commission to get a complete picture a coordinated picture, of exactly what is involved, and it is simply not true that this Commission can operate any- way that it pleases. So far as that element is concerned, it is a complete misunderstanding. Mayor Ferre: I don't care what you think or say, we do that anyway! Dr. Bartley: Well...if I may very briefly - to the variation proposition, in connection with the special public interest district proposition, if you will look at the section dealing with the variation materials, you will find there that there is a specific negative, a very strong negative in terms of what the Planning Director may or may not do in regards to the variations. Mr. Reid has mentioned trying to do something about minimum proposition. I would refer you to the last sentence; I don't have my copy of the ordinance present, but there can be no change through the variation process in the densities and.. there is one other thing, George. At any rate, the idea that this gives the Planning -Director a complete license, again, is simply not correct. I will add one point of personal privilege, if I may. Since, Commissioner Plummer, with his usual good humor... Mayor Ferre: We call him the Good Humor Commissioner! (Laughter) Dr. Bartley: In the story, and I talked to the gentlemen involved for more than an hour - in that story...one should not get in any struggle with the newspapers, and this is not my intent, I simply pointed out that there are certain areas of techical determination, which this ordinance does indeed place in degree rather than at present in the hands of the Planning Director. The conclusion that he drew about the politicians, to my best recollections, were not a part of my statement, Commissioner Plummer. 10'7 ld MAR 2 41983 #4 0 Kr. Plummer: Dr. Bartley, you have to make no apologies to me. Without a doubt, you are one of the greatest politicians I ever knew. You wouldn't have been around this long had you not. Dr. Bartley: I followed your career with interest, J. L., and I learned a great deal. Mr. Plummer: Listen to him well, Gary! Mayor Ferre: Now you are getting yourself in trouble! The fact remains, nevertheless, that we have an Assistant City Attorney, Mr. Joe Maxwell - is Mr. Maxwell here? Mr. Garcia -Pedrosa: He was earlier, Mr. Mayor, but he is not here now. Mayor Ferre: Well, Mr. Maxwell says.frankly., after reading the section on major use - special permits in the new code, Assistant City Attorney Joe Maxwell commented: "Frankly, I don't see any criteria. I would think tnere should be criteria. It would appear that additional analysis should be given to the section." Now, that is our own Assistant City Attorney. That is a nice quote! Now, what does Mr. Maxwell mean by that? Do you concur with that, Mr. City -Attorney? Mr. Garcia -Pedrosa: Sir, I think he means what he says, and I...have some of the same concerns. Mr. Plummer: (Laughter) And we have just heard from the other politician! Mayor Ferre: Et tu! Et tu! All right, now we have Mr. Dan Paul and Mr. Dan Paul says it is more than a super variance - lawyer and civic activist Dan Paul says. "It is a special method of getting a change of zoning and satisfying all the requirements of the City in one fell swoop." Mr. Plummer: Now we have heard from a professional politician. Mayor Ferre: I am concerned that both our own City Attorney - you know, it isn't just Mr. Joe Maxwell, now it is the City Attorney who says that it would appear that additional analysis should be given to the section, and the City Attorney backs his man Maxwell and he says he agrees with that. So, you say that I shouldn't have any concern. I don't care what Attorney Brooks says. Is Attorney Brooks around here? Brooks says you just can't wrap up the comprehensive planning, a zoning change and a variance under one process. "It is anyone's guess how they will apply it. By the time it gets to the courts, the building will be up and it will be all over." Well, you know, I am kind of concerned. We don't want to make Bob Traurig's jobs that easy! His fees are going to go greatly down, if things are going to be simplified when they come in here and get things over with too quickly. I am concerned, sir. I am concerned, and I must say that I certainly am not prepared on those two - whether or not the reporting is accurate in its totality or not. Enough things have been brought out, you know, that I frankly have serious concerns on this wrap around zoning on big tickets. Mr. Plummer: Is that your motion? Mayor Ferre: Yes, I don't mind making motion. I think we need to think this thing over very, very, carefully. Mr. Gary: Thirty day extension. Mayor Ferre: What? How do you want to do this, Howard? Mr. Gary: Thirty day extension. Mayor Ferre: Thirty days beyond May 15th? Mr. Garcia -Pedrosa: Yes, sir. Good idea. Mayor Ferre: Well then, what are we going to do in the meantime? Because. you know, extending it is nice, but what are we going to do. Now, the City Attorney says he has some concerns. Well, I think you need to express what those concerns are. 108 MAR 241983 ld Mr. Gary: Mr. Mayor, I would probably recommend that you first extend the time frame for another thirty days, that you allow me to set up a special committee, which would include members of my staff and the Law Department to address those issues you raised today. Mayor Ferre: I think so! Mr. Gary: Right. Mayor Ferre: Plummer moves that the May 15th day be extended for thirty more days, and at the same time, instructs the Manager to set up a review committee of his choosing and that of the City Attorney for the purposes of reviewing this whole matter. I would recommend, Mr. Manager and Mr. Garcia -Pedrosa - there are qualified people on the outside that you may want to bring in, other than Traurig and Paul!...that would perhaps impact. I don't know who Mr. Brooks is, but there might be some other people, and I think, Mr. City Attor- ney, you need to identify in the legal community and Mr. Manager in the pro- fessional community, to see if we can...now, Doctor, this is no way a criti- cism of the work product that you have come up with, it is just that I think we need to kind of think about this and go over the review of exactly what the impact is. Is there a second to Mr. Plummer's motion? Mr. Plummer: Oh, I made it? Mr. Garcia -Pedrosa: Mr. Mayor, a point of clarification... Mayor Ferre: I'll make it - it doesn't matter. Mr. Garcia -Pedrosa: Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Garcia -Pedrosa: You need, of course, an ordinance to amend the ordinance. I think it would be entirely proper for you to have a motion now, but I think I would like to bring to you at your next meeting for First Reading an ordi- nance extending the effective date and then we would read it for a second time on April 28th. Mayor Ferre: All right, is there a second to that motion? Mr. Perez: Second. Mayor Ferre: Second by Commissioner Perez. Further discussion. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 83-274 A MOTION TO EXTEND THE EFFECTIVE DATE OF ORDINANCE 9500 PASSED AND ADOPTED ON SEPTEMBER 23, 1982, TO NOW BECOME EFFECTIVE THIRTY DAYS FROM MAY 15, 1983; FURTHER INSTRUCT- ING THE CITY MANAGER TO SET UP A REVIEW COMMITTEE OF HIS OWN CHOOSING: WITH MEMBERS OF HIS STAFF AND/OR OF THE ; LAW DEPARTMENT, FOR PURPOSES OF REVIEWING THIS WHOLE MATTER. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: None 109 MAR 2 41983 e . 43. FURTHER DISCUSSION: VARIANCES GRANTED TO JACAROL BAY CLUB AGAIN; MATTER TO BE HEARD AS FIRST ITEM ON APRIL 28TH AGENDA. Ms. Weissenborn: On this Jacarol thing, it is my understanding now that the Department is going to prepare some new forms, but I would request, so that we can go ahead and file a disclosure that the Department is going to be happy with - I request that we have a special setting like we did this time so that we can get this over with. I am sure that Mr. Matthews does not want to hang around here all day again, also, so that if we could go Number one again on the next agenda, which I understand is April 28th. Mayor Ferre: All right, is that acceptable, Mr. Manager? Does anybody object to that - that this item be Number one on the 28th? All right, so be it. Thank you. ---------------------------------------------------------------------------- NOTE FOR THE RECORD: Agenda items 7, 8 and 38 were continued. By motion. ---------------------------------------------------------------------------- 49. APPROVE PLAN FOR GRAND AVENUE AS GENERAL POLICY GUIDELINES FOR CITY DEPARTMENT AGENCIES AND BOARDS FOR PHYSICAL IMPROVEldENT OF GRAND AVENUE TO BROOKER STREETS. Mr. Gary: Item 39 is the improvement for Grand Avenue. Mayor Ferre: That is the improvement for the Grand Avenue area of the Black Grove. Mr. Plummer: Wait a minute - whoa! Where is Dawkins? Mayor Ferre: Is that the one Billy Rolle came for? Mr. Gary: . This is separate. The sidewalks was the one he was concerned about, and that has been resolved. This is just the Master Plan, Mr. Mayor. Mayor Ferre: This is a non -controversial item, right? Mr. Gary: It is non -controversial. Mayor Ferre: Jack, is there anybody opposed to this? Mr. Luft: Dr. Simpson, no. Mr. Plummer: Move it. Mayor Ferre: Dr. Simpson? Mr. Luft:.'He is in support of it. Mayor Ferre: Is there anybody who wishes to speak to Item 39? Mr. Plummer: I move it. Mayor Ferre: Plummer moves. Mr. Perez: Second. Mayor Ferre: Perez seconds. Further discussion? Call the roll on 39. 110 ,LIAR 2 41983 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-275 A RESOLUTION APPROVING IN PRINCIPLE THE PLAN FOR GRAND AVENUE, AUGUST 1982, AS A GENERAL POLICY GUIDELINE FOR CITY DEPARTMENTS, AGENCIES AND BOARDS FOR THE PHYSICAL IMPROVEMENT AND ECONOMIC DEVELOPMENT OF GRAND AVENUE FROM MWONALD TO BROOKER STREETS IN COCONUT GROVE; AND FINDING THAT SAID PLAN IS CONSISTENT WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote: AYES: Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Miller J. Dawkins Commissioner Joe Carollo 50. APPROVE IMMEDIATE ACTION PROGRAM OF PLAN FOR GRAND AVENUE TO SEEK REDEVELOPMENT OF TIKI CLUB PROPERTY. Mayor Ferre: Take up 40. Mr. Gary: Non -controversial. Mr. Plummer: Move it. Mr. Perez: Second. Mayor Ferre: It has been moved and seconded. This is the Tiki Club. I remem- ber the Tiki Club. Mr. Plummer: God rest Father Gibson's soul. Mayor Ferre: That was Father Gibson's... Mr. Gary: They used to hate it. Mr. Plummer: I moved it. Mayor Ferre: All right, it has been moved and seconded. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-276 A RESOLUTION MAKING FINDINGS AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT SIX (6) RECOMMENDATIONS OF THE PLAN FOR GRAND AVENUE AS AN IMDIATE ACTION PROGRAM. (Here follows* body of resolution, omitted here and on file in the Office of the City Clerk). 111 MAR 2 41983 ld 0 Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote: AYES: Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Miller J. Dawkins Commissioner Joe Carollo ------------------------------------------------ NOTE FOR THE RECORD: Agenda items 41, 42, and 43 were continued. By motion. ------------------------------------------------------------------------- 51. SECOND READING ORDINANCE: AMEND CHAPTER 54, STREET AND SIDEWALKS OF THE CODE OF THE CITY OF BY ADDING SECTIONS 90 TO 99 NEW ARTICLE V BASE BUILDING LINES. Mayor Ferre: Do you have a problem with Item Number 47? Mr. Plummer: No, sir. Mr. Whipple: No, there is no problem with that. That is putting the base building lines into the City Code. Mr. Plummer: I moved it before. I will move it again. Mayor Ferre: Plummer moves. Perez seconds. Further discussion. Read the ordinance on 47. AN ORDINANCE ENTITLED: AN ORDINANCE TO AMEND CHAPTER 54, STREETS AND SIDEWALKS, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, BY ADDING SECTIOS 90 TO 99 (INCLUSIVE) RESERVED; BY ADDING A NEW ARTICLE V. BASE BUILDING LINES, PROVIDING FOR THE ESTAB- LISHMENT OF BASE BUILDING LINES, THEIR SPECIFICATION AND MEASUREMENT; PROVIDING FOR TEMPORARY ENCROACHMENTS, AND PROHIBITING ILLEGAL ENCROACHMENTS; PROVIDING FOR AN EFFECTIVE DATE; REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of February 24, 1983, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Perez, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. FerrE NOLS: None ABSENT: Commissioner Miller J. Dawkins Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9583 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 publice. 112 ,A MAR 2 41933 i 52. SECOND READING ORDINANCE: AMZND THE CODE OF THE CITY OF MIAMI, ADD A NEW CHAPTER TO THE CODE, ENTITLED CHAPTER 63, SUBDIVISION REGULATIONS, TENTATIVE AND FINAL, PLATS, ETC. Mr. Plummer: I move 48. Mayor Ferre: Plummer moves 48. Perez seconds. Is there further discussion? Read the ordinance. AN ORDINANCE ENTITLED: AN ORDINANCE TO AMEND THE CODE OF THE CITY OF MIAMI, FLORIDA, BY ADDING A NEW CHAPTER TO THE CODE ENTITLED, "CHAPTER 63 - SUBDIVISION REGULATIONS"; PROVIDING FOR PROCEDURES FOR SUBMITTING TENTATIVE AND FINAL PLATS; PROVIDING FOR PROPER REVIEW OF PLATS; PROVIDING FOR STANDARDS FOR PLATS, PROVIDING FOR BONDING FOR IMPROVEMENTS IN THE PUBLIC RIGHTS OF WAY;* PROVIDING FOR PROCEDURES, INCLUDING PUBLIC BEARINGS, FOR VACATION AND CLOSURE OF PUBLIC RIGHTS OF WAY; PROVIDING FOR AN EFFECTIVE DATE; REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT, AND CONTAINING A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of February 24, 1983, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Perez, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Miller J. Dawkins Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9584 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. 53. DISCUSSION AND CONTINUANCE OF PROPOSED ORDINANCE TO AMEND THE CITY CODE BY ADDING A NEW SUBSECTION 3 TO SECTION 2-135 "SAME DUTIES"- ADMINISTRATIVE REVIEW OF OFF-STREET PARKING LOTS, GARAGES, AND RELATED LANDSCAPING, ETC. Mr. Plummer: Move 49. Mayor Ferre: Plumer moves 49; Perez seconds. Further discussion. Mr. Garcia -Pedrosa: Wait a minute, Mr. Mayor. Mayor Ferre: Yes? Mr. Garcia -Pedrosa: Please. I think we need...I've got a problem - a legal problem with 49 that disappears if one of you would consent to an amendment 113 MAR i983 Id . 2 4 to strikes the words, as well as all subsequent admendments thereto from Section 2. Mr. Plummer: Move that 49 be deferred, or continued for the City Attorney to clean it up. Mayor Ferre: All right, there is a motion and a second by Commissioner Perez that this item be continued so that it can be cleaned up. All right, further discussion? Call the roll on the continuance. THEREUPON, the members of the City Commission unanimously agreed by motion to continue the above Batter. 54. SECOND READING ORDINANCE AMEND CHAPTER 4, ALCOHOLIC BEVERAGES OF THE CODE OF THE CITY OF MIAMI BY ADDING A DEFINITION OF COMBINATION RESIDENTIAL AND COMMERCIAL DISTRICTS AND SEPARA- TION BETWEEN LICENSEES, ETC. Mayor Ferre: Agenda Item Number 50. Mr. Whipple: We are removing, or as we are deleting the existing zoning ordinance, which contains the rules and regulations, we are taking them and putting them into the City Code. There are no changes. Mr. Plummer: So move on 50. Mayor Ferre: All right, there is a motion on Item Number 50 on Second Read- ing by Plummer. Mr. Perez: Second. Mayor Ferre: It is seconded by Commissioner Perez. Any further discussion? Read the ordinance. AN ORDINANCE ENTITLED: AN ORDINANCE AMENDING SECTION 4-3, ENTITLED "HOURS DURING WHICH SALES ALLOWED; SUNDAY SALES," OF CHAPTER 41 ENTITLED "ALCOHOLIC BEVERAGES", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING A DEFINITION OF THE COMBINATION RESIDENTIAL AND COMMERCIAL DISTRICT IN SECTION 4-3(a); AND BY ADDING NEW SECTIONS 4-10 THROUGH 4-15 PROVIDING FOR DISTANCE SEPARATIONS BETWEEN LIQUOR AND/OR BEER AND WINE LICENSEES AND CERTAIN USES WITHIN EITHER THE CENTRAL COMMERCIAL DISTRICT OR COMBINATION RESIDENTIAL AND COMMERCIAL DISTRICT AND PROVIDING FOR VERIFICATION; PROVIDING FOR AN EFFECTIVE DATE; REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of February 24, 1983, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Perez, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: 114 MAR 2 41983 ld E AYES: Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Miller J. Dawkins Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9585 The City Attorney read the Ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. NOTE FOR THE RECORD: Agenda Item 46 was continued. ------------------------------------------------------------------------ 55. FIRST READING ORDINANCE: AMEND ORD. 6871, ART. II, ART. IV, ART. V, TO ALLOW CARPORTS AT PERMITTED USES IN R-1, R-lA, R-lB, AND R-2 DISTRICTS. Mayor Ferre: Are we all set now to allow carports? Mr. Whipple: Mr. Mayor, at the last meeting, Commissioner Plummer requested that we bring back the wording that would eliminate any setback requirement from the street for carports. Mr. Carollo: And the type of structures that we wanted placed there. Mr. Whipple: Pardon? Mr. Carollo: And the type of structures that we were going to allow for carports. Mr. Whipple: Yes, that was already covered in the ordinance. We provided that wording, and the Law Department has a substitute ordinance, if you desire to put that wording. The Planning Department still feels that there should be a setback of the type that we originally recommended, not a zero setback as the new wording proposes. Mr. Carollo: God for you, but let me hear what the new ordinance is with no setback at all. Mayor Ferre: Can we see that, please, Mr. City Attorney? Mr. Garcia -Pedrosa: Are you talking about...? Mayor Ferre: Carport setback - legal wording. Mr. Garcia -Pedrosa: I think this was the supplemental package you were discussing? I think you have it, Mr. Mayor. Mr. Whipple: It was on the supplemental copy, Page 2, with Item 44 in your supplemental. You can have mine too, sir. Mr. Garcia -Pedrosa: Substitute Page 2 only, Mr. Mayor, and it was distri- buted recently, but there it is. Mayor Ferre: 45? Mr. Garcia -Pedrosa: 44. 115 ld MAR 2 41983 IA Mr. Carollo: Which are the items, again, dealing with the carport? 44 b 45? Mr. Whipple: Yes, air. 44 under the existing ordinance; 45 under pending ordinance. Mr. Carollo: Mr. Whipple, can you translate for me all the deceiving lan- guage that I see before me here. What is the bottom line in Item Number 44? Mr. Whipple: Which line, sir? Mr. Carollo: On 44, what is the bottom line? Mr. Whipple: Well, on the supplemental revised sheet, the wording would not require a ten foot front setback. If you used the ordinance as it was previously proposed and recommended, it would require a ten foot setback. Mr. Carollo: We do not want any setbacks - it is zero setback. Mr. Whipple: At the front, sir. Mr. Carollo: Okay, that is all that 44 directs itself to, correct? Mr. Whipple: Well, that is the change that has occurred. The rest of 44 does allow carports in the front yard, which were not previously permitted. It does specify the type of construction of the carport. It does classify them as temporary, and the districts in which they are permitted. Mr. Carollo: Can you go over the type of construction that would be allowed? Mr. Whipple: As set forth in the definition of carport, temporary - at the top of the page, temporary carport is an apcessoty structure, constructed of canvas, aluminum or pipe, or any combination thereof, for the covering of one or two private passenger vehicles. Mr. Carollo: One or two? Mr. Whipple: Yes, and it goes on to say that a temporary shall mean any structure which meets the standards of the South Florida Building Code, yet is designed and constructed in a manner which permits disassembly and reassembly and is designed to last for a limited time only, which was the point that was brought up - the Commission did not want permanent concrete structural thirty year carports in the front yards. Mr. Carollo: Okay, basically the second ordinance that was written will require a five foot setback from each side.... Mr. Whipple: Yes, sir, we maintained the five foot side setbacks. Mr. Carollo:.... but a zero line from the front. Mr. Whipple: That is correct, air. The reason for maintaining the five foot side setback, which there was no question on, is that you get into the question of vision clearance from one driveway to another, or a vision clearance between his property line and the carport. Mr. Carollo: Okay, any additional questions? If not, I will make a motion to... Mayor Ferre: Wait. Wait a minute. Is this all covered in new Page 2B? Is that where this is covered? Mr. Whipple: Well, no. The separate Page 2.... Mayor Ferre: Yes, I have a separate Page 2 here. Mr. Whipple:.... if you want zero setback, you substitute that for Page 2 of the other ordinance, and it continues on with Page 3. Mayor Ferre: I understand that. 116 �tAR 24 t983 Mr. Carollo: The zero setback is what we want. Mayor Ferre: The question is, is it covered in new section - Page 2, Section 8, Subsection B. - Section 2, Article,4, General Provisions - Section 19, Accessory Uses and Structures, Subsection 8, Subsection B. That is my question. Mr. Whipple: That is all new, yes, sir. Mayor Ferre: I didn't ask you that. I know it is know it is new. I asked you if the description of what you are talking about covers under Subsection B. Mr. Whipple: What I just described to you? Mayor Ferre: Yes! Mr. Whipple: No, sir. It is under definition 13A at the top of the page. Mayor Ferre: "A temporary carport", is that the one? Mr. Whipple: Yes, sir. Mayor Ferre:..."is an accessory structure constructed of canvas, aluminum, or pipe, or any combination thereof for the covering of one or two private passenger vehicles. Temporary, as used herein shall mean any structure which meets the standards of the Florida Building Code, yet it is designed and constructed in a manner which permits and facilitates disassembly and reassembly and is designed to last a limited time only, when compared to to the structure it serves as an accessory use to." Now, where does it say that is zero setback? Mr. Whipple: Zero setback occurs down toward the middle of the page, Section 19, 8A. It says..."temporary carports may be located in a required front..." Mayor Ferre: No, it isn't 13A - that is what I was saying. It is 8A. It says "Temporary carports may be located in a required front or side street yard, but shall not be located closer than five feet from any side or rear lot line. The roof structure of the carport may cantilever two feet beyond the aforementioned side or rear lot line." Is that correct? Mr. Whipple: Yes, sir. Mayor Ferre: Okay, what in effect you did, you just elimated the words - "and at least ten feet from base building line". Is that correct? And there is silence to that. You follow this? Come on! Mr. Whipple: Mr. Mayor. Mayor Ferre: Yes, sir. Are you following me? Mr. Whipple: Yes, sir. Mayor Ferre: Okay now, is the answer that you stripped out of this the following words: "and at least ten feet from any base building line"? Mr. Whipple: Yes, sir. Mayor Ferre: And the rest of it is the same, right? Mr. Whipple: Yes, sir. Mayor Ferre: No, wait a minute. It isn't because it says two feet and before, you had three feet, so that is a change. Mr. Whipple: No, sir, because the three feet applied to the front and as there is no setback in the front, we eliminated the three feet to two feet projection beyond, and that wording... 11'7 ld MAR 2 41983 O N Mayor Ferre: But, the carport must be at least five feet from the side yard, it cannot be abutting the property line. Mr. Whipple: I am sorry, I didn't follow, Mr. Mayor. Mayor Ferre: It can't abut the property line. It has got to be five feet. Mr. Whipple: On the side, yes, sir. Mayor Ferre: I got you. Now, is Section 8B the same? Now, where does it address permanent carports? Mr. Whipple: They are not addressed, sir. The... Mayor Ferre: If I wanted to build a carport out of concrete, you won't let me do it. Is that what you are telling me? Mr. Whipple: As a permanent structure, we believe it should be setback like the principal use. Mayor Ferre: Okay, I got you. Mr. Gary: Mr. Mayor, before you... Mr. Carollo: The reason we asked them to do it that way, Maurice, is that if they build one out of concrete, before you know it, you are going to get people enclosing it completely, like we have some already being worked on with about five foot set back in the City, and nobody is doing anything about it. Mayor Ferre: Do you want to make your motion? Mr. Carollo: I make a motion that Item 44 be approved. Mayor Ferre: As amended. Mr Carollo: As amended with the zero setback in the front. Mr. Gary: Mr. Mayor, before you do that, we have got to make a correction, because of the modified sheet. It says in Section 8A, if you look at the last sentence: "Roof structure of the carport may cantilever two feet beyond the aforementioned side or rear lot line", which you can't do, be- cause that is somebody else's property, so we have got to change that lan- guage. Mayor Ferre: You can't, because you are setting off by your setting back five feet. Mr. Gary: Yes, it comes back and says -"the lot line". Mr. Whipple: It should have said "may extend into..." Mr. Garcia -Pedrosa: What you want to say is "requirement". Mayor Ferre: "Roof structure of the carport may cantilever two feet beyond the aforementioned side or rear lot line". Mr. Whipple: Requirement that is the proper word. Mr. Garcia -Pedrosa: Requirement. Mayor Ferre: You can't go two feet beyond the rear lot line, because then you are two feet over the other guy's property. Mr. Whipple: "Lot line" should be stricken and the word "requirement" should be put in. In other words, there is a five foot requirement on the side and this intends you to be allowed to cantilever two feet into that five foot requirement. Mayor Ferre: Okay. id 118 MAR 2 41983 Mr. Gary: So with that amendment. Mayor Ferre: So, with that amendment, we are ready to go, right? Mr. Carollo: I will make a motion with the amendment. Mayor Ferre: All right, Carollo makes the motion with the amendments as specified. Perez seconds. Further discussion on 44. Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY AMENDING ARTICLE II (DEFINITIONS) SECTION 2, BY RENUMBERING EXISTING SUBSECTION (13-A) TO (13-A), AND EXISTING SUBSECTION (13-8) TO (13-C), AND ADDING A NEW SUBSECTION (13-A) ENTITLED "CARPORTS, TEMPORARY" TO SAID ARTICLE; BY ADDING A NEW SUBSECTION (8), PERTAINING TO "TEMPORARY CARPORTS" AS AN ACCESSORY USE, TO SECTION 191 ARTICLE IV - GENERAL PROVISIONS; FURTHER BY AMENDING SECTION 1 OF ARTICLE V (ONE FAMILY DWELLINGS, R-1, R-lA, R-1B DISTRICTS) AND SECTION 1 OF ARTICLE VI (TWO FAMILY DWELLING - R-2 DISTRICT) TO PROVIDE FOR CARPORTS; AND 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 Demetrio Perez, Jr. Commissioner Joe Carollo Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Miller J. Dawkins ABSTAINED: 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 public. 56. FIRST READING ORDINANCE: AMEND NEW ZONING ORDINANCE NO. 9500, ART. 20, GENERAL AND SUPPLEMENTARY REGULATIONS, ART. 36 TO PERMIT CARPORTS IN RS-1, RS-2, RS-1.1, AND RG-1 DISTRICTS. Mayor Ferre: We are now on Item Number 45. Mr. Whipple: This an amendment to the 9500, Mr. Mayor, to allow for car- ports also - referred to in the New Ordinance as car shelters. It contains the same requirements and does not contain the... Mayor Ferre: This is as amended, now with the other... Mr. Whipple: That is right, and does not contain that error that we had in the 44. Mayor Ferre: All right, is there a motion on 45? Mr. Perez: I move. 119 .MAR 2 41983 -,A ld Mayor Ferre: Moved by Perez. Is there a second? Mr. Carollo: Second. Mayor Ferre: Second by Carollo. Further discussion? Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9500, THE ZONING ORDINANCE FOR THE CITY OF MIAMI, FLORIDA, AS AMENDED, (UPON BECOMING EFFECTIVE), TO PROVIDE "CAR SHELTERS" BY ADDING A NEW SUBSECTIO1 2008.41 DELETING SUBSECTION 2008.7, AND RENUMBERING EXISTING SUBSECTIONS 2008.4, 2008.5, AND 2008.61 TO 2008.5, 2008.6 AND 2008.7, RESPECTIVELY, OF SECTION 2000 - APPLICATION OF ARTICLE XX -GENERAL AND SUPPLEMENTARY REGULATIONS; BY AMENDING ARTICLE XXXVI - DEFINITIONS (DEFINING CAR SHELTERS); AND BY AMENDING THE SCHEDULE OF DISTRICT REGULATIONS, "ACCESSORY USES AND STRUCTURES" COLUMN, (PERMITTING CAR SHELTERS IN THE RS/1 AND RS/2 ONE -FAMILY DETACHED RESIDENTIAL, RS/1, ONE -FAMILY DETACHED RESIDENTIAL, AND RG/1 GENERAL RESIDENTIAL [ONE AND TWO FAMILY], BUT NOT IN RG/2 (GENERAL RESIDENTIAL) AND OTHER DISTRICTS) OF THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS MADE A PART OF SAID ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 300, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Perez and seconded by Commissioner Carollo and passed on its first reading by title by the following vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo NOES: None ABSENT: Commissioner Miller J. Dawkins ABSTAINED: 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 public. 57. • DISCUSSION ITEM: PROPOSED APPOINTMENTS TO EAST LITTLE HAVANA TASK FORCE, REMAINING APPOINTMENTS TO BE MADE. Mayor Ferre: Now, with regards to the East Little Havana, the Miami Herald had a story that was totally wrong, because it did not list anybody but Latin members to the East Little Havana. Mr. Plummer: Yes, you are right. Mayor Ferre: They didn't and ... and somebody came up to me to complain Ernie Limmiatis and said P11—mer appointed him. 120 MAR 2 41983 n • Mayor Ferre: No, no - because you will end up with fifty people and that we don't need. Mr. Carollo: Well, that is what is going to happen if we keep expanding the figures. Mayor Ferre: No, I am not for that, Joe, but I do think that we need to have some balance. Let's wait until Demetrio makes his last appointment, and Miller has to make his two appointments, and then let's reassess. Mr. Carollo: I agree that we should have some balance, Maurice, but if the neighborhood is some 90% plus Hispanic, basically Cuban,... Mayor Ferre: That is fine, but I knew you would agree you would want some Anglos there. Mr. Carollo: Yes. Mayor Ferre: I believe it. Mr. Carollo: My wife would be the first one to, you know, ask for balance. Mayor Ferre: Yes, you better remember that! All right, we will discuss this at the next Commission meeting, hopefully. Is there any... Mr. Carollo: So, we have got one out of eleven, which is about right - 90% one way, and one the other way. Mayor Ferre: Anything else to come up before this Commission at this time? Mr. Perez: Let me clarify for the record the appointment that I made - that we made the other day about the Budget Committee. Mayor Ferre: The Budget Committee? Mr. Perez: You remember - yes but I named Sergio Penton - he is a C.P.A., that is the name - Sergio Penton. It was pending for the first name at the last Commission meeting, you remember, for the appointment to for the Budget Committee. Sergio Penton is the complete name. Mayor Ferre: Okay. Anything else to come up before this Commission at this time? All right, we stand adjourned. ADJOURNMENT There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 6:10 P.M. MAURICE A. FERRE Mayor ATTEST: RALPH G. ONGIE City Clerk MATTY HIRAI _�f.�•' Assistant City Clerk � IOCORP ORATA tt 16- i• o0 Id � tT:A:=: f* ITEM NO A DOCUMENT IDENTIFICATION 1 3 6 8 9 10 11 THE HUMAN RIGHTS OF PERSONS LIVING IN THIS COUNTRY WHO HAVE FLED THE COUNTRY OF NICARAGUA BE PROTECTED IN THE SAME MANNER AS THE RIGHTS OF OTHER PERSONS WHO FLED FROM COMMUNIST COUNTRIES DECLARING THE WEEK OF APRIL 3-10, 1983 AS PRISONER OF WAR WEEK IN THE CITY OF MIAMI SETTING FORTH THE POSITION OF THE MIAMI CITY COMMISSION WITH RESPECT TO THE PROPOSAL OF DADE COUNTY TO ERECT A SIX -LANE 64' FIXED BRIDGE FOR VEHICULAR TRAFFIC IN DODGE ISLAND NEGOTIATIONS BETWEEN DADE COUNTY AND CITY OF MIAMI ON LEGISLATIVE PROPOSAL TO ESTABLISH A REGIONAL TOURIST OR PUBLICITY AUTHORITY REQUESTING THAT A PORTION OF FUNDS FROM THE GOVERNOR OF FLORIDA BE DEVOTED TO EMPLOYMENT AND JOB TRAINING GRANTING ONE YEAR EXTENSION OF VARIANCE "EDUARD PENT HOMESTEAD" GRANTING ONE YEAR EXTENSION TO VARIANCE/CHARLES M. MUNDY'S SUBDIVISION GRANTING CONDITIONAL USE/BISCAYNE PARK TERRACE SUB. 2741 S.W. 22ND AVENUE CO -DESIGNATION OF N.W. 35TH COURT FROM N.W. 7TH TO N.W. 11 STREETS AS "N.W. 35TH COURT/ PASEO JOSE DE LA LUZ Y CABALLERO APPROVING IN PRINCIPLE THE PLAN FOR GRAND AVENUE AUGUST 1982 AS A GENERAL POLICY GUIDELINE FOR CITY DEPARTMENTS AUTHORIZING THE CITY MANAGER TO IMPLEMENT SIX (6) RECOMMENDATIONS OF THE PLAN FOR GRAND AVENUE AS AN IMMEDIATE ACTION PROGRAM I AM[ MEETING DATE: March 24, 1983 SSION RETRIEVAL R-83-261 R-83-262 R-83-263 R-83-264 R-83-265 R-83-268 R-83-269 R-83-270 R-83-271 R-83-275 R-83-276 83-261 83-262 83-263 83-264 83-265 83-268 83-269 83-270 83-271 83-275 83-276