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HomeMy WebLinkAboutCC 1980-05-22 MinutesCITY OF MIAMI COMMISSION MINUTES OF MEETING HELD ON May 22= 1980 (PLANNING & ZONING) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G.. ONGIE CITY CLERK c � A'UhURAPFORiDA 10 ND, (PLANNING 6 ZONING) SLEW MAY 22, 1980 1 2 3 4 5 6 7 8 9 12 tDINANCE0�SOLUTION N0. I PAGE N08 SECOND READING ORDINANCE: APPLICATION BY GORO INVESTMENTS FOR ZONING CHANGE OF AREA BOUNDED BY N.W. 17 STREET, N.W. 19 STREET, N.W. 14 AVENUE, WAGNER CREEK FROM R-3 TO R-5 I ORD. 9106 1-7 FIRST READING ORDINANCE: AMEND ORD. 6871 SECTION 32 OF ARTICLE IV, GENERAL PROVISIONS TO PERMIT BROADCASTING TOWERS I FIRST READING 1 7-9 APPROVE REQUEST BY W.K.A.T. TO CONSTRUCT A BROADCASTING TOWER ON BISCAYNE BAY NORTH OF THE JULIA TUTTLE CAUSEWAY R-80-392 9-11 APPROVE IN PRINCIPLE THE ALLAPATTAH TRANSIT STATION AREA PLAN, ANCILLARY STUDY, AREA OF ALLAPATTAH TRANSIT STATION, N.W. 12 AVENUE AND N.W. 36TH STREET R-80-393 11 APPROVE IN PRINCIPLE THE COCONUT GROVE TRANSIT STATIO AREA PLAN, AN ANCILLARY STUDY TO THE COMPREHENSIVE NEIGHBORHOOD PLAN, SOUTH DIXIE HIGHWAY AT S.W. 27TH AVENUE R-80-394 12-14 APPLICATION BY YARDNER FOR A PLANNED AREA DEVELOPMENT (PAD) FOR 123 RESIDENTIAL UNITS-1014-1090 VENETIAN WAY. DISCUSSION 14-15 ACCEPT PLAT ENTITLED "NEW WORLD TRADE CENTER" - SOUTHEAST 2ND STREET AND SOUTHEAST 1ST AVENUE R-80-395 16 SCHEDULING APPEAL DATE FOR CLIPPER CONDOMINIUM ASSOCIATION IN CONNECTION WITH THE APPROVAL OF A VARIANCE FOR WIMBLETON RACQUET CLUB M-80-396 16-18 a) DISCUSSION OF RELUCTANCE OF SPEAKERS TO GIVE NAME AND ADDRESS ON THE PUBLIC RECORD; MANAGER TO INVESTIGATE CARD SYSTEM USED, BY COUNTY COMMISSION b) DISCUSSION OF CITY COMMISSION POLICY IN CONNECTION WITH APPLICATIONS FOR DRIVE-IN TELLER FACILITIES M-80-397 19 DISCUSSION IN CONNECTION WITH THE UNLIMITED REGATTA - SKY DIVING GROUP DISCUSSION 20-21 DISCUSSION IN CONNECTION WIT$ COMMISSION MEETING DATES DISCUSSION 21-24 INSTRUCT TALLAHASSEE LOBBYIST TO LOBBY IN ORDER TO SIMPLIFY D.R.I. EVALUATIONS PRESENTLY IN EFFECT. M-80-398 if DEFERRAL OF CONSIDERATION OF APPLICATION BY YARDNER, DEFERRAL 25-26 N.V. FOR A PLANNED AREA DEVELOPMENT FOR 123 RESIDENTIAL UNITS-1014-1090 VENETIAN WAY. m MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 22nd day of May, 19Su, 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 by Mayor Maurice A. Ferre with the following members of the Commission found to be present: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre ABSENT: Commissioner Joe Carollo Vice -Mayor Armando Lacasa ALSO PRESENT WERE: Joseph R. Grassie, City Manager R. L. Fosmoen, Assistant City Manager George F. Knox, City Attorney Matty Hirai, Assistant City Clerk 1. SECOND R_EA')IN?G C3:.I)INA110Er A-PPLICATION LY GORO INVFST'TP11S FOR 2011I?'G CYIAMGE OF ARLA SOUNDED BY N.W. 17 STR -JIT, N.T4. 19 STarET, N.Tq. 14 AVEIMUE, WAG::FR CRELY: Frolll r:-3 TO R-5 Mayor Ferre: We are now ori.item number one. And ordinance, second reading application by Goro Investments, Inc. for a change of zoning classification bounded by t:.w. 17th and 19th Street, N.W. 14th, Wagner Creek, N.W. 15th Avenue from R-3 to R-5. This was passed on first reading after beinq moved by Commissioner Lacasa and seconded by Commissioner Carollo. Okay. Is there further discussion on this? Are there any objectors that wish to be heard further on this item? How any objectors wish to be heard on item onE•? This is the second reading. The.only people that I will recognize is new material. Unless you -have sbmehthing new to say, I will call you out or order. Allright, counsellor, I will recognize you last for your statements. we've been through this before. Unly those who are opponents with new material. All right, Mrs. Keller. Do you understand the rules now? Because I don't want you getting upset with me if you bring up old material. All right? You have three minutes. Mrs. Keller: You're a sport. Mayor Ferre: Do you want five minutes? Mrs. Keller: You know, I'd like to go all out and maybe get six. Mayor Ferre: They have to only bring up new material. (INAUDIBLE COMMENTS FROM THE AUDIENCE) Mayor Ferre: All he has to do is rebutt new material. Only new material. Go ahead. (; r1 ist MAY 2 21980 0 r, Mrs. Pat Keller: At any rate, I'm Pat Keller, President of the Allapattah Community Association. I live at 1437 N.W. 13th Terrace. I own lots fourteen and fifteen of Blanton Park, and Lots, thirty-four of St. Johns Park. We are opposed, as you know, to the rezoning to the Martin Nursery property from R-3 to R-5. We are opposed to the closing of the Streets and alleys on that site. We want the records to reflect the following; we have not br,en given a fair and fail.y debated hearinq. At the first readinq we had eleven epeakers, the opposite side hail three speakers, yet I'd like the records to reflect that we are not being_ listend to. At this particular time, there are exactly two Commissioners present... Mayor Ferre: Well why don't you sit down. Mrs. Keller: ...yet the overall time slotted was the same.... Mayor Ferre: No, no. All right, I think you're entitled to hear from at least three members of the Commission, so we'll wait until Father Gibson gets here. Mr. Plummer: Let the record reflect that those two were listening. Mrs. Keller: Exactly. The two that were present were hanging on every word, let the record reflect that. Mr. Plummer: While we're waiting, let me just, for anybody that doesn't know, Mr. Lacasa and Mr. Carol.lo did have an important meeting to which they were committed. They have indicated their return at approximately eight o'clock. I think also the Mayor would like us all to try to be out between- eight -thirty and nine so that we could attend a very important meeting called by the Governor. And really what I'm saying is I hope everybody will try to be brief. Mayor Ferre:Leslie, would you do me a favor. Would you tell Father Gibson that we're waiting. I know he's got something important but I want him to know. Mrs. Keller: I think we got to the fascinating point that at the first reading we had eleven speakers, the opposite side had three speakers. Did I develop that point? Father Gibson: Yes, I heard that much. Mrs. Keller: Oh, you heard that, all right. Yet the overall time allotted was the same thus some of our speakers had to give up their time so that others could speak. Some were not heard such as Mrs. Wahl, who has extensive real estate holdings in the area. It resulted in Professor Warburton not being able to give a complete presentation. As we spoke, the Miami City Commission let the room, spoke on the phone. As Professor Warburton spoke, we noted that there was exactly one City Commissioner present. Please not that this type of building is illegal. Dr. Sarkin will turn in the actual law that has been violated in attempting to put up this building It is illegal. As I say, he'll turn that into you in just a minute. I wish to quote a very highly placed member of this community on this matter. I'm going to quote him word for word. At the meeting he spoke was at the Assisted House Task Force o£ the Sub -Committee on Housing and Urban Development before the House of Representatives here in Miami, at a HUD Conference on January 27, 1978, Lt;e honorable Jerry M. Patterson, Congressman presided. He stated, "Little 11TJD manages almost ten thousand units of public housing. We have developed a variety of approaches in housing. I would like to describe these and make some observations about them. Mayor Ferre: Excuse me, Pat. I don't think it's possible that five minutes have gone by. That must be wrong. She just started talking how can five minutes have gone by? (INAUDIBLE COMMENT) Mayor Ferre: Give her another three minutes. �Q MAY � 2) ist 80 C r Mrs. Keller: Thank you, Mayor. I feel it so deeply that you're being so kind. Thank you ever so much. I just don't know how to behave to get those extra few minutes. Mayor Ferre: Have I ever not been a gentleman with you? Mrs. Keller: No, you've always been the soul of gentleman behavior. But you're not too generous with dour votes though. Mayor Ferre: Well, that's somut}ping else. Mrs. Keller.: I think T'd rather have the votes to tell you the truth. We manage ... I'het you can hardly wait to know who said this but I'm going to save that little number until last. "Ile manage five thousand six hundred and ninety-four units of family public housing. In the early da,,s, we like other individuals, or rather Commissions of this nature built large projects. However, for the last fifteen years, our policy has been to limit family developments to o scattered site approach of no more than one hundred and fifty units in a project. All of our family projects are cne to two stories so that we have avoided the pit -falls of hi4hrise living for Famili.s. Tn thin way, we have built apartments, but now we build only townhnusc•s, duplexes, or single family houses. Each family has a front and back yard to which he is responsible, and this helps the family development and it gives them a totter sense of privacy and concern. This thinking of approach to family public housing has created a human scale type of living enviornment. In other words, this individual, very highly place in this co!rununity, who makes his liv-ing at this type of thing wouldn't have highrise fcunily type projects. I want you to guess who it is. At.any rate, he's Mel Adams, as you know, who is the director of HUD here in Miami. I'm ashamed of each and every one of you if you fly in the face of there facts. Thank you. Mayor Ferre: Al right, next speaker. Mrs. BeFsie Marcus: My name is Bessie Marcus. I live at 1452 N.W. 15th Avenue. Although this is a letter I addressed to Mr. Carollo, I think it's very pertinent. And this is addressod...I think I wrote a letter to you and Commissioner c'arn:lo. I wish to call to your attention... this is to Commissioner Carollo, a remark you made at the April 24th, City Commission session during the Flrii,ning and Zoning Agenda. The following statement you utt•ared was uncalled for and certainly not fitting for a public official. Here is the statement that Commissioner Carollo uttered. "Will the Cuban haters and the racist come up to speak." Now this is what he said. He made this remark after the presentations for and against the change of zoning from F-3 to R-5, rc_auested by the Goro Investment Company in order to permit them to build a nineteen story building for low income families, with Federal support. It was during the interval when the rebuttals were in order that you made the above statement. At no time during the presentation, pro and con, the zoning issue were statements made that indicated C.7ban ?late or racial slurs. Had you listened attentively to the speakers whc, were opposed to the R-5 zoning, you would have been aware that their opposition was not based rn low income federally financed building in an R-3 zoriing, lout: to the problems resulting from high density. Their research and their slides showed the disasterious results of this type: of housing which had been tried and abandoned in many cities because it did not suit low income family living. Your remark was libelous and demeaning and reflected an attitude on your part that does not inspire trust. You owe the audience an apology, and one to the public in general, respe ct.fally. And to Mayor Ferre;,I enclose this letter and then T said, the content of that letter contains my complaint. Is there a list of conduct rules for Commissioners and in general for public electee officials. If so, could you please acquaint Commissioner Carollo with these rules. His remark was shocking and indicated political immaturity. Can you help and keep his foot out of his mouth. Now, P.S. has the City Commission in its favorable vote to have the R-3 zoning changed to R-5, high density, in order to permit the investment company to erect a one hundred and ninety-five apartment building in the Civic Center area for low income families considered finding out what amenities this 03 MAY 2 21900 OF r Mrs. Marcus (continued): realty company will provide the tenants for quality living? What safeguards will be provided to prevent problems that have resulted from such density of housing in other cities? By amenities, I mean ample play areas, security measures to safeguard the elevator, the halls and the building in general. Also, sufficient parking space. The downfall. of this kind of housing in other cities has been due to the lack of such amenities. Has the City Commission investigated this area before arriving at its conclusions? That's all. Mayor Ferre: Thank you, Mrs. 'larcus. Next speaY.er, please. Mrs. Georgine Wahl: Good evenin;, gentlemen. I believe that since we met the last time on this proposed change from R-3 to R-5 circumstances have been drastically altered, unfortunately, for a lot of us and for the City of Miami. I believe this zoning was based on the fact that there was no .land available. That this was about one of the few available sites in Miami. Pardon me? Mayor Ferre: I was saying, I hope you're not going to say what I think you're going to say, but go ahead. Mrs. Wahl: All right. Well you must admit, Mayor, that we do have a lot more sites available today. And based on the fact that there were no alternative sites.... Mayor Ferre: You don't really mean that do you? Mrs. Wahl: Pardon me? Mayor Ferre: We have a lot more sites available because there was some burning, is that what you mean? Mrs. Wahl: Yes, there are a great many sites. Downtown Miami needs to be rebuilt,•not developed. Mayor Ferre: I see. Mrs. Hirai: Excuse me, ma'am. Your name and address for the record, please. Mrs. Wahl: Georgine Wahl. 1515 N.w. 18th Avenue ... N.W. 18th Street, excuse me. Because right now you're putting one hundred and ninety-five units, nineteen stories high, on a little over two acres is really inviting disaster. You know, that's approximately two thousand men, women and children in that space? Potentially. Also, I'm going to go back, you're cutting off, I'm going to address myself to Reverend Gibson, you're cutting off our five hundred and thrity-nine lineal feet on Wagner Creek. Why the special considerations for changing this zoning no longer exist, gentlemen, and I ask you to reconsider. Mayor Ferret All right, next speaker, please. Dr. Rubin Sarkin: My name is Dr. Rubin Sarkin, a retired physician who has some interest in this ground adjacent to where the rezoning has occurred. The important facts that we bring to your attention is that, why is this Commission sponsoring a project which has failed all over the world. Not only in the Orient, in Europe and all the major cities of the United States, yet you gentleman tonight have it wifhin your hands to sanction this or to disallow it. Why you're taking this risk with rovernment money and the future of downtown Miami. We, however,,feel that a compromise could be worked out which would have a greater degree of success if you would allow a senior citizens home to be built on this site. Nineteen stories goes better with senior citizens rather than with families. The main premise here is how can a mother nineteen stories, in a concrete apartment, watch her, child playing downstairs below in congested area, with traffic, with a creek, with all the dangers of the street that we find in Miami today. Miami is no longer a peace city, it 04 ist MAY 2 2 1980 C A Dr. Sarkin (continued): is a City of strife and you have to watch out for your young ones. And you certainly can't watch out for a child when you are nineteen stories hiqh. This has croated frustration in the parents, and particularly in the. mother. She's afraid to let the child out so she kc-ps the child locked u1- in the apartment watching television. T7ow this situation has come to the attention of the United States Congress that they passed a law which states that there shall be no hi(?hrises for low -)st families unless there is no practical alternative. And we, the opp-o-,ition, mair;t air, that there is plenty of alternatives available in the City of "',,imi. This; is not Chicago, it is not New York. There is pier ty of c;reE:n space and open land to build lower housing A further factor, it; by closi_nq off the streets, you prevent patrol cars from enterinq the area which increases the risk of crime. And according to autbo—ities, the higher the building, the greater the crime. And finally, let me say to ynu commissioners, how many of you would want to raise your family in s�rch a structure? You would come home at night and find that your wif_, was depressed and frustrated becau=e she doesn't know where her child is. That his wife or daugher might be raped in the hallways and the stairs, or your teenager might he smokinq marijuana with the gang in the stairway, and the possihi.lity that you could be mugged in the elevator. All these factors you say cannot happen here. Well, we saw it hai>per, last week and I certainly hope you will deeply consider this, and if you vote in favor of it, I invite you to come back here to this site fifteen years from now and watch them blow up this building as they did in Chicago and St. Louis, and Atlanta because they found it doesn't work. Mayor Ferre: Next speaker. Any other speakers? All right, counsellor, you've.got ten minutes? Will ten minutes do? That's less than they took but... Mr. Traurig: Three minutes, Mr. Mayor. Mayor Ferre: Keep it to the subjects that they... Mr. Robert Traurig: You advised us to speak only on new subject matter. We really have nothing new... Mayor Ferre: You can rebutt any of the statements that were made. Mr. Traurig: I would merely like to recall to the Commissions attention that we were encouraged by the City administration to seek a site in this area because of the advantageous locations, vis a vis, the Civic Center. This was recommended to you by your Planning Department. It was recommended to you by the Zoniriq Board, and Dena Spillman spoke to you very articulately about the outstanding program that would be developed on this site to serve in this general community. I would merely call to your attention that the need for housing exists in the Civic Center. This conforms to the area study, it conforms to the station area design studies of the Mass Transit of. the County, that the R-5 is consistent with the zoning immediately to the East, and that the Commission unanimously approved this after about a two hour public hearing. We think that in view of the fact that you are fully advised regarding all of the factors "here, that to add anything would be redundant, and therefore, we urge that you uphold the action which you took in approving this on first reading, and that you approve it on second reading, thank you. Mrs. Keller: If I may... " Mayor Ferre: Not really, but I'll let you, quickly. Mrs. Keller: 1'd like to correct Mr. Traurig, if I may. This was not recommended by the Zoning Board. I've also taken the trouble to find out about your Planning Department. Of course, none of them live in the Civic Center. I found that Dena Spillman who heartedly recommended it lives in Kendall. I can go on, and on. I don't see their names in the phone book sq here to we have a situation of people that don't live in the area very _ telling us what to do. Let the record reflect the Zoning Board did not okay this project and change of. zoning. UJ MAY 2 44 4W ist — Mayor Ferre: Anything else, Mr. Traurig? Mr. Traurig: No. Mayor Ferre: Further discussion? Mr. George Perez: I just want to add that the opposition has already... Mr. Plummer: Excuse me, who is George? Mr. Perez: I'm sorry. My name is George Perez and I'm from the Housing Company. The opposition has already gone to Jacksonville and Jacksonville is now preparing a statement strongly endorsing the project inspite of all the opposition. Mayor Ferre: Further statement? Questions from the Commission? (INAUDIBLE COMMENT FROM THE AUDIENCE) Mayor Ferre: The question from the audience is who is the other developer. Mr. Perez: No, I said we were the developers. Mayor Ferre: The developers. Mr. Perez: No, I said we were the developers. Mayor Ferre;. The developers. (INAUDIBLE COMMENT FROM THE AUDIENCE) Mr. Perez: We ... I don't know of ... we have an arrangement with the present owners of the property. But we will be the developers, the managers and we will remain as the general partners of the property. Mayor Ferre: All right, further discussion? All right, questions from the members of the Commission? Is there a motion? Mr. Plummer: Mr. Mayor, I don't remember who made the statement, and I'm not going to touch some of the statements that were made. One of the statements that were made was that things have changed radically since our last meeting. And I guess I take a one eighty view of that statement because the inference is that to the negative. But I think it's to the positive. And if anything_ that has been brought out since the last hearing is the great and crying need in this community for housing. And housing for people that they can afford. There is always danger in any multi -family complex and those dangers always and mostly have have to be addressed. And I think that at this point, Little HUD has done an excellent job of that problem. Mr. Mayor, I have heard nothing here this evening to change my mind from the former meeting, and I move to uphold the first reading? That's not proper. The action of the first meeting. Mr. Grassie: Approve it on second reading. Mr. Plummer: Approve it on,second reading. Mayor Ferre: There's a motion for approval.... Father Gibson: Second. Mayor Ferre: ...there is a second by Gibson. the roll on item one. Read the ordinance. Further discussion? Call (CONTINUED ON NFXT PAGE) MAY 2 21980 ist C 4 AN ORDINANCE ENTITLED- AN ORDINANCE AMXNDTNG ORDINANCE NO. 6871, THE COMPREHENSIVE: ";ONTNG ORDINANCE OF 'ITM, CITY OF MIAMI, BY CiiA 1, Iyr, THY ZONING CLASSIFICATION OF LOTS 1, 2, 3, 4, 47, (3-61) AND 49; BLOCK 4; BRADDOCK S11I1 NO. 4 ( 3-61 ) AND TENTATIVE PLAT NO. 1.07� "VI NA,;O SUB", AR:IN , THE AREA BOUND BY P()RTI1VT%ST 1 "T'H STRI;I:T, NORTHWEST 19TH STREET, NORTHWF,ST 14'PH AVT.:I4RJE, WAGNER CREEK, AND NORTiIWF.ST 15TII AVENUE, FROM R-3 (LOW DENSITY MULTIPLE) TO R-5 (HI(-,H DENSITY MULTIPLE), AND BY MAYING THE NECESSARY CIIAI4GES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6E371 BY R1;FERENCF AND DESCRIPTION IN ARTICLE; III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; A14D CONTAINING A SEVERABILITY CLAUSE Passed on its first reading by title at the meeting of April 24, 1980 was taken up for its second and final reading by title and adoption. On motion of Commissioner. Plummer, seconded by Commissioner Gibson, the ordinance was thereupon given it's second and final reading by title and passed and adopted by the following vote: AYES: Commissioner _r. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Vice -Mayor Armando Lacasa THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9106 The City Attorney rea-1 the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. FIRST R.ADING ORDINANCF: POIEI•ID ORD. 6971 SECTION 32 of A_2'TICLE IV, 2. GEI•TEf'AAL PROVISIONS TO PERMIT BROADCAS^_ IG TOI+?ERS i Mayor Ferre: We're on item two, ordinance first reading, Planning Department application. Amend Ordinance 6871 to permit broadcasting towers to be located in any zoning district upon ro-commendation of the Planning Advisory Board and approval of the City -Commission. Now, the Planning Advisory Board recommended it seven 'tb zero. I assume that the administration concurs with this? Mr. Whipple: Yes, sir. The Planning Department recommends... Mayor Ferre: There are no objectors. Are there any objectors present at this time? All right, hearing none... Mr. Plummer: Well Mr. Mayor, unless the department convinces me, I'm in opposition. I have great... 1st ®� W1A YL)j 400 IvVo Mayor Ferre: All right, then we'll wait until we have a full Commission. Mr. Plummer: I just want to bring out that I don't think I can live, that a broadcasting tower can be in any residential location. Mr. Whipple: Commissioner Plummer, if I may correct that notice... Mayor Ferre: No, no, no, no, no. You're out of order. Mr. Whipple: Well the notice is misstated. Mayor Ferre: The what? What do you mean the notice is mistaken? I beg your pardon? Go ahead. Mr. Whipple: The notice is a mis-statement based upon what the Planning Advisory Board recommended as a modification to the Department's original proposal. It is not ... it can be located in any district subject to certain provisions. These provisions, I believe the resolution will reflect this, towers when located on publicly owned land, publicly owned land, and located at least twenty-five hundred feet from any residential development. In other words, it's not in any district per se. That's the way it was written originally. But the amendment recommended by the Planning Advisory Board and by the department contains those conditions which modifies the general agenda description that you have before you. Mayor Ferre: Well, as I understand it, the real, the whole thing here is to put these things out in the water. Isn't that the real thing that everybody is after? Mr. Whipple: Yes, sir. There was a request that came before the Department to locate a broadcasting tower in Biscayne Bay. There are no provisions in the existing zoning ordinance... Mayor Ferre: I've got no problem... Mr. Whipple: ...which would even allow consideration. This modification would allow that consideration subject to board approval and City Commission approval, with these limitations and conditions attached. Mayor Ferre: Well what you're saying is that it wouldn't be in R-1, in residential areas? Mr. Plummer: NO. Could be, but it's got to be twenty-five hundred feet from a house. Mr. Whipple: And it has to be on publicly owned land, twenty-five hundred feet. M$iyor Ferre:. Is there any such piece of property anywhere within the boundaries of the City of Miami? Mr. Whipple: Yes, sir. Biscayne Bay which is automatically zoned R-1 by the provisions of the zoning ordinance. Mayor Ferre: I see. Okay, I got you. Okay, do you have any problems with this now? Mr. Plummer: No. Mayor Ferre: Anybody have any problems with it, wants to speak against it? Okay, is there a motion? Mr. Plummer: Yeah. Mayor Ferre: Plummer moves. MAY 2 21o80 ist i ON, Father Gibson: Second. Mayor Ferre: Second by Gibson. Further discussion? Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCF J2FCOMMF?NDING APPROVAL OF AN AMENDMENT TO THE C()�,PPF-HFNSIVL ZONING ORDINANCE NO. 6871, BY DELETING SECTION 32, ARTICLE IV IN ITS ENTIRETY AND IN LIEU THEREOF SUBSTITUTE A NEW SECTION 32, TO READ AS FOLLOWS: "PUBLIC i'TTI,TTIES" STRUCTURES OR USES REQUIRED FOR SUCH PUBI,TC_ UTILITTF.S (PRIVATELY OWNED AND OPERATED) AS (-,AS, ELECTRIC, TF.LFPHONE AND COMMUNICATIONS BROADCASTING TOWERS WHEN LOCATED ON PUBLICALLY OWNED LAND AND LOCATED AT LEAST 2500 FEET FROM ANY RFSTDFNTIAL DEVELOPMENT, CAN BE LOCATED WITHIN ANY DTSTRTCT, WHERE NOT SPECIFICALLY PRESCRIBED AND LISTED, UPON RFCOMMF'NDATION OF THE PLANNING ADVISC)RY BOARD AND APPROVAL OF THE CITY COMMISSION MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PAPT OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF- BY RF.PEALINq ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY PROVISION Was introduced by Commissioner Plummer and seconded by Commissioner Gibson and passed on its first reading by title by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Vice -Mayor Armando Lacasa ABSTAINING: None The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 3. APPROV^ REQUEST BY W.K.A.T. TO CONSTRUCT A BROADCASTING TOWER 'OIJ BISCAY1TE BAY NORTH OF TF?E JULIA TUTTLE CAUSEWAY Mayor Ferre: All right, we're now on item number three. A resolution requested by W.K.A.T. to construct a broadcast tower. The department recommended, the Advisory Board recommended seven to zero. Are there any objectors present? All right, is there a motion? Father Gibson: Move. Mayor Ferre: Questions. Mr. Plummer: Is the applicant here? Mr. Philip Austindorf: My name is Philip Austindorf. I'm an architect and engineer for W.K.A.T. I'll try to answer any questions you may have. ist ff 14 MAY 2 21%0 Mr. Plummer: Nine hundred feet high. Mr. Austindorf: No, incorrect. Four hundred and fifty. Mr. Whipple: Nine hundred feet square... Mr. Austindorf: Nine hundred foot square site. Mayor Ferre: Who does the land belong to? The State of Florida? Mr. Austindorf: I believe the Department of Transportation holds title to it. I... Mr. Plummer: The tower will be four hundred feet high? Mr. Austindorf: Four hundred fifty. Mr. Plummer: I'm sorry, four fifty high. How far will the base of it be from the bridge or the land area? Mr. Austindorf: If my memory serves me correctly, about one hundred and ninety feet. We're planning equilateral, triangle guying. Two of the guys will be on the shore line. The third guy will be outboard from the tower. It will be approximately five hundred feet from the shore line. The anchor for the third guy. The tower is approximately one hundred and ninety. Mr. Plummer: Did you move it, Father? Father Gibson: Yes. Mr. Plummer: I second. Mayor Ferre: All right, there is a motion by who? By Plummer, second By Gibson. Mr. Plummer: The other way around. Mayor Ferre: Further discussion on item three? Call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 80-392 A RESOLUTION GRANTING APPROVAL TO CONSTRUCT A BROADCASTING TOWER AND ACCESSORY STRUCTURES AS PER PLANS ON FILE, ON A PORTION OF BISCAYNE BAY, LOACATED ON,THE NORTH SIDE OF THE JULIA TUTTLE CAUSEWAY (I-95) AND'EXTENDING TO 900' EAST OF THE. EAST END OF THE FIXED BRIDGE, APPROXIMATELY 4,000' EAST OF THE MAINLAND - UNPLATTED, IN ACCORDANCE WITH A PROPOSED AMENDMENT TO ARTICLE IV, SECTION 32, OF THE COMPREHENSIVE ZONING ORDINANCE 6871 (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:. (CONTINUED ON NEXT PAGE) 10 ist .MAY 2 21980 r •� AYESt Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Vice -Mayor Armando Lacasa 4. APPROVE I'I PRITCIPLE TIIF ALIAPATTAH TRANSIT STATION Arf7lp. PLAN, ANCILLARY STL ,Y , AREA OF U,LAPA"ITAH 'T'P.AIISIT STATION, N.W. 12 AVENUE A:ID II. W. 36TH STREET Mayor Ferre: Take up item four. A resolution, Planning Department application, approval in principle of the Allapattah Area Transit Station Flan, N.W. 12th Avenue and 36th Street. The Planning Advisory Board recommended five to zero. Are there any objectors here? Anybody here object to the Allapattah Transit... Mr. Plummer: 'I move it. Father Gibson: Second. Mayor Ferre: All right, it's moved by Plummer, second by Gibson. Further discussion on item four? Any objectors? Anybody who wants to talk about it? Okay, seeing none, hearing none... Mr. Plummer: Well let me, just for the record, now, I am assuming that the people of the area have been met with, have been explained to, and that is the reason that there is no one here who felt to the contrary. Is that correct? UNIDENTIFIED SPEAKER.: Correct. I'll be explaining those details soon. Mr. Plummer: No, sir. I really don't want you to, if you'll just tell me your name on the record. Mr. Carl (NA}li. UNINTELLIGIBLE): My name is Carl I'm the Allapattah Station Area Planner. Mr. Plummer: Carl, there is an old thing about appearing before the Commission. You never have to eat words you don't say. If you're not asked, don't.say and quit while you're ahead. Mayor Ferre: Further discussion? Moved by Plummer seconded by Gibson. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-393 " A RESOI.LITIO14 RECOMMENDING IN PRINCIPLE THE ALIkAPATTAH TRANSIT STATION AREA PLAN, AN ANCILLARY STUDY TO THE MIAMI COMPREEENSIVE NEIGHBORHOOD PLAN, AS PER EXHIBIT "A" ATTACHED HERETO (Here follows hn•3y of resoluti:.-. omitted here and on file in the Office of the City Clerk). M• (CONTINUED ON NEXT PAGE) 11 ist MAY 2 21n80 Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson ON Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None = ABSENT: Commissioner Joe Carollo Vice -Mayor Armando Lacasa 5. APPROVE IM PRINCIPLE THE COCOt1UT GROV : �'RA'ISI'r STATIO^1 P.R_-A PLP.11, AN ANCILLAnY STUDY TO Ti'.I; C0I'.PRFH!,NSTV,7 '11'.IGIB0RIIOOD PLPjl, SOUTH DIXIE HTGHWnY AT S.W. 27th AVENUE Mayor Ferre: Take up item five. Same thing for Coconut Grove. Is there anybody here that wants to discuss the Coconut Grove Station? Objectors? Proponents?. Father Gibson: Move. Mr. Plummer: Second. Mayor Ferre: Gibson moves, Plummer seconds. Further discussion? Mr. Plummer: wait a minute, I'm sorry. There is a man who raised his hand. (INAUDIBLE COMMENT FROM THE AUDIENCE) Mayor Ferre: Sure, come up to the microphone. Your name and address, for the record. Mr. Robert Usherson: My name is Robert Usherson, 2923 S.W. 27th Lane. I have no objection to the plan. I think it's fine, I think the staff did a good job. I would just like to propose that you, the City not initiate the rezonings in the station area until there is some indication that the area is in fact ready to redevelop, as the plan proposes. Mr. Plummer: It will take that long easily. Mr: Userson: I beg your pardon? Mr. Plummer: it will take that long easily. Mayor Ferre: My guess is that of five of'us on this.Commission, there will only be one left when that comes around for a vote. Call the roll. The following resolution was introduced by'Commissioner Gibson, who moved its adoption: (CONTINUED ON NEXT PAGE) ist 12 MAY 2 21°P3 f RESOLUTION NO. 80-394 A RESOLUTION RECOMMENDING IN PRINCIPLE THE COCONUT GROVE TRANSIT STATION AREA PLAN, CONCERNING THE AREA IN IMMEDIATE PROXIMITY TO THE COCONUT GROVE TRANSIT STATION AT SOUTH DIXIE HIGHWAY AND SOUTH- WEST 27TH AVENUE (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 adoptod by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Vice -Mayor Armando Lacasa FOLLOWING ROLL CALL: Mayor Ferrer Take up item six, an application by Yardner, N.V. for a planned area development on Venetian Way. The Planning Department recommended approval in accord with the plans on file, and with the recommendation of the Urban Development Review Board. The Zoning Board recorui;ended seven to zero. Six objectors by mail, six replies in favor by mail. Are there any objectors here? Are there any objectors that want to be heard. All right, Mr. Plummer. Mr. Plummer: I would just like to go back, Mr. Reid, and to the members of your department. In all jest, what I have just said, I think goes a long way tc shc,w and to say what I think this Commission has been trying to infer for some time. And I hope it's a trend, that when you, the Department, go into the community and fully understand, with the people what is going to he done, and do your job properly, I think it alleviates a lot of problems for this Commission. Because as you know, and we know, many times inflamed citizens who come before this Commission are not informed. And I think that when you inform the people... (INAUDIBLE CO'T,IENT FROM THE AUDIENCE) Mr. Plummer: You're not objecting. UNIDENTIFIED SPEAKER: No I'm not.. Mr. Plummer: Then they did their job. And that's what I'm trying to say. It's a compliment to the Department. Mr. Jim Reid: I'd like to read into the record the staff that deserve that compliment, Jack Luft, who is heading up that team, and Joyce Meyers who worked on the Coconut Grove Plan. Mr. Jack Luft: Mr. Mayor, and Commission, I'd like to acknowledge the assistance of Mrs. Irene Sapp, who is Co-chairman of the Allapattah Committe, worked very hard to bring the people to that meeting and gain their support. And I'd like to acknowledge that. ist 13 MAY 2 � 1oW Mayor Ferre: Irene, our thanks to you from the members of this Commission for your diligence and your interest. Thank you. Mrs. Irene Sapp: My address is 1244 N.W. 39t.h Street. I've been there since 1953. A might long time. If anybody told me that the neighborhood was going to change like it has, I would have told them that they have rocks in their heads. But since the Airport Fxpressway went up, Allapattah has gone down -hill. It has never built up since then and it is drastically getting worse and worse and we do need a change in that area very much, and I would like to see that change. And too had there wasn't more people in that area that didn't come down here and view their points. And not only that, my house, from one year after another has been broken into. The last time it was broken into was in March when we had that first rainy season. I had gone to my church on about 135th Street Northeast between 6th and 7th Avenue, Holy Cross Lutheren Church. And when I came back home, they couldn't get in the house so they broke the slat on the... they didn't break it but they moved the slat from the jalousied door. And then they pushed the screen in and then the door itsel", that goes into the living -room, that was broken,the window above it was broken. They reached down and opened up the door., and you would have ihclught a hurricane came into that section in my house. And first they say they are yoinq to take my property then they say they aren't, then they are, then they aren't I wish they would take my property so I can get out of there. T'm the only white woman in that area but I'm glad for this here change of scenery in there. And I do like the scene more, up -hill on that area. It needs it and the people in there need more of a shopping district. There's only one grocery store in Allapattah and that's on 18th Avenue between 34th and 35th Street, Northwest. And it's a shame that we don't have more shopping there for the people in that. area, and more grocery stores for the people to do the shopping. And if there was more places that and put a lot of people in that area back to work and there wouldn't be so much looting and breaking into people's property. I thank you.. 6. A.PPLICATIOII BY YN ZD'IFR FOR A PLAT NFD 0EVFLOP!.FP7 (PAD) For 123 F,ESIDENTIAL IJ11IITS-1014-1090 VF'T'FTIAN? WAY Mr. Robert Traurig: Mr. Mayor, gentlemen, for the record, my name is Robert H. Traurig. I'm an attorney with offices at 1401 Brickell Avenue and I represent Yardner, N.V., which is the owner of this property at 1014-60 Venetian Way on which the zoning is presently R-4. In order fox you to orient yourselves properly with regard to this project I'd like to pass out to you some photographs showing the existing improvements on the site, which you will recognize as being some small apartment houses that were constructed just after World War II. Mr. Plummer: Mr. Traurig, did you say improvements? Mr. Traurig: Mr. Plummer, that's part of out argument. We think that they are, that the site has been poorly developed, as would indicatea by the aerial photograph, that it's really in the best interest of the community to replace the existing improvements, which have one hundred and ten units at the present time,with something which is new and modern and exiciting. What we propose to do in a PAD... Mayor Ferre: Counsellor, before you go further, are you sure you don't want a full Commission here? Mr. Traurig: No, sir. I'm prepared to proceed in the existing Commission. I have full confidence in all of the members of this Commission, regardless MAY 2 � 198J ist 14 Mr. Traurig (continued): of whether there's a full Commission. Mayor Ferre: Are you sure? Mr. Traurig: Yes, sir. Unless there is someone on the Commission who would like to say something to me by which my assurance might be a little bit... Mayor Ferre: Well, I'm not overly disposed, looking at this project, to be in favor of it. And I just want to tel.l you this right off the bat. Perhaps you might want, to have a full Commission here before... because I'll tell you, unless you're goinq to do.an awful lot of convincing, I don't. think I'm voting with this one. I'm just telling you right off, you know, from the top of my head, right out front so that you don't have any... Mr. Traurig: Mr. Ptayor, in the light of your comments, I would like the opportunity to have a full Commission and I regret...I know from what Mr. Plummer said before the meeting began... Mayor Ferre: I have to be fair, I have to be fair. Mr. Traurig: ...that you have other commitments tonight and I don't want to... Mayor Ferre: I have to be fair to you. I have to let you know, you know, I want to say from here... Mr. Plummer: Let me ask a question. Mr. Traurig: I think that when you hear the presentation that perhaps initial impressions will probably be changed. But that's, I would prefer to wait for other Commissioners to arrive. Mayor Ferre: Well lets take up item seven. Mi. Plummer: Let me ask a question, Mr. Mayor. These two people have indicated opposition. Ts there anyone else here in opposition? Mr. Mayor, in the interest of fairness to Mr. Traurig, I would suggest, unless it does you great harm, Mr. Trauriq, that this matter be deferred. Let me tell you why. These other two of the nature who said they would return at eight, but they happen to be like the Mayor in their time -piece, in their time -piece, which mear:s that they will probably be back about eight -thirty. I have already indicated to you and to others, that I think it is very important, at l ist 1 ft:;el that way and T plan on walking out this door at right-t'iirty to yo to the meeting called by the Governor for the very important ressnns of this community. And T strongly suggest that you don't went t�', be rushed, and I don't want to rush you. But I want you to know, ;r. Trauriq, that at eight -thirty I'm walking out this door because when I set my priorities, that meeting is number one, and I want you to know that. Okay? So you do what you want. I put you on record, we're putting all the cards on top of the table, you take if from there, sir. Mr. Traurig: Okay. May I ask this? Whether or not these people who were kind enough to attend,.whether they would like'to make their objections known at this time, and then I can follow up with our presentation ... no, I think that would be unfair to you since I requested the others to be present. I apologize. ~ 15 MAY 2 219S gist 7. ACCEPT PLAT E: 'TITLED "FE11 WORLD TRADE CEAJTEn"-SOUT'irAST 2nd STREET AND SOUTHEAST 1ST AVETTE Mayor Ferre: Okay, we're now on item number nine, accepting a plat... nine is on, right? World Trade Center. Are there any objectors, any problems? Is there a motion on accepting that plat? Mr. Plummer: Move it. Father Gibson: Second. Mayor Ferre: Moved by Plummer, seconded by Gibson. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-395 A RESOLUTION ACCEPTING THE PLAT ENTITLED WORLD TRADE CENTER, A SUBDIVISION IN THE CITY OF MIAMI: AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commission Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Vice -Mayor Armando Lacasa 8:. SCHEDULING APPEAL DATE FOR CLIPPER CONIDOHIPIIUM ASSOCIATION IN CONNECTION WITH THE APPROVAL OF A VARIA110E FOR WIA!BL^TON RACQUET CLUB Mayor Ferre: Mr. Grassie and members of the Commission, I've got a letter here from the Wimbleton Racquet Club. Are you aware of that case? Mr. Grassie: I have not seen the letter, sir. Mr. Perez: We are aware, sir. Mayor Ferre: This is a letter signed by George F. Paparinia, Chairman of the Board of Paparinia Construction, of the Wimbleton Racquet Club. Babically, what they said is that this matter went before the board... well, I'll read it. As you are aware, we are the general contractors for Wimbleton Racquet which is contingous to the Palm Bay. On April 22nd, ,16 MAY 2 2 280 ist Mayor Ferre (continued): the owner requested a variance from the Planning and Zoning Advisory Board. The variance, in essence, requested that the entire buiLlirnq be raised three feet, six :inches. The vote on this matter wa,• seven in favor and none a^ainst. It is worthy to know that the Northeast ASsnciat.ion rctre�;ented by Mrs. Grace Rockafellar was present and indi,_iited that thi Assoc-iation was, very much in favor of granting the variance. ATi appeal to this decision was requested by certain members of the c'lipi)er nn tht' R�iy Association. This Association wanted assurance that this chrinacr iop to the W_ir1111c,t,rin Racquet Club would not in any way if`ort- thr-ii prni;. rty. It is my understardinc that our COnSlll t lnEj an(9 �tl•' E211,jaQ'.'d 1�`: them have tj1VE.il them. the requested asi.ur.rr c r s. liowt?vel , Lo date, the party ohjectinq to the variance has not rescin(ied their. appeal in writing. As the situation stands, the appeal i,, s: h-duled to lie },card before the City Commission on June 26th. The pair}'(—r. -)f this letter is to request that this appeal be heard by the Conarnissi.on on June the 5th. Time is of the essence to us in this matter, since we cannot_ wait until June 26 for a decision without having a la%--c)ff of a ,uhstantial number of workmen. I hate to bother you with this matter in view of all the problems that the City of Miami is having, b.:t I wouic r reatly appr-eciate anything to reschedule this hearing to June Sth. For your information and use, Ti enclose the following doc•umerits, minutes of the meeting and two appeals filed by the Clipper on the Ray Condominium Associa'ion." The request is, since he's got an organization and men on the payroll, the whole thing, would we be so kind as to accelerate from Jur.e 26t.h to June 5th. I told him I would bring it up before the Commission. Can this Commission accelerate by a vote of the majority? Mr. Perez: Mr. Mayor, within the time constraint that we work, when this appeal was received, which was made by the Clipper Condominium Association... Mayor Ferre: Yes. Mr. Perez: ...the time constraint under which we were working, puts this on the agenda of the Commission on the 26th. Mayor Ferre: That was not my question. Mr. Perez: Now, your question is if it can go on the 6th? We have an advertising problem that we cannot meet. Mayor Ferre: what are the advertising problems? Mr. Perez: We have to advertise the appeal. Mayor Ferre: How many days... Mr. Perez: Pardon me, we don't have to advertise, we have to send letters to all property owners of record etc. Mayor Ferre:',How many days ahead? Mr. Perez: At least ten days prior to... Mayor Ferre: All right, ten days... Mr. Perez: ...and then the agenda... excuse me, this agenda is set by the City Manager and I haven't discussed that•issue with the City Manager. Mayor Ferre: All right. Today is the 22nd. Is that correct? Mr. Perez: That is correct. , Mayor Ferre; we have fourteen, working days ... all right, fifteen days and ten working days. Now is there any reason why that couldrrt be advertised tomor,ow? Look, let nne put it to you this way. The State of Florida, the government around here and Metropolitan Dade County, sponsored by the Chamber of Commerce are pressing for this one stop building permit 17 MAY 2 � .`,a� ist '` V Mayor Ferre (continued): thing, you know. Where we get away from all this red tape. Now here is a guy who has your backing, the backing of the Zoning Board, was it zoning or planning? UNIDENTIFIED SPEAKER: Both Mayor Ferre: Seven to zero, seven to zero, okay? So evidently the thing is all systems go. They've got people that are employeed and for some damn technicality, because we can't get a letter out, you're going to hold these people up from the 6th to the 26th. I don't buy that. Now, you say you have to advertise ten days before. All right? Mr. Perez: It's not advertising, it's sending ... and I stand corrected on that, it is notifying property owners within three hundred and seventy-five feet... Mayor Ferre: You've got fourteen days. I move you, sir, that the matter of the Wimbleton Racquet Club, Paparinia Construction Company, coming up before the Commission on the 26th, be mailed tomorrow to the adjoining property owners and that it be brought to be heard on the 6th day of June. Mr. Perez: We will do our best on that, Mr. Mayor. Mr. Plummer: No, no, you didn't hear the Mayor. You will do it. Mr. Perez: And we will do our best. Mayor Ferre: That's a motion. Mr. Plummer: Second: Mayor Ferre: Call the roll. The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 80-396 A MOTION THAT THE APPEAL BY THE CLIPPER CONDOMINIUM ASSOCIATION OF A ZONING BOARD RECOMMENDATION FOR APPROVAL OF A VARIANCE FOR WIMBLETON RACQUET CLUB BE HEARD ON JUNE 6, 1980 AND THAT ALL APPROPRIATE NOTICES TO PROPERTY OWNERS BE SENT IN TIME FOR SAID HEARING Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore t. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: ON ROLL CALL: Commissioner Joe Carollo Vice -Mayor Armando Lacasa ' Mayor Ferre: Wait a minute, on the record, --go you don't have any misunderstanding. You keep the time, okay, and you keep...you send this by telegram, and you charge Paparinia. You call Paparinia tomorrow and you tell him that he's paying for the City'e employee time and the telegrams. The City shouldn't go out for any expense. We're doing him a favor. We charge him for it. I've got no problem with that. I vote yes. ist i" MAY 2 el 0 6 1980 E 9. a. DISCUSSIOV OF PJJ,UCTAt'CF OF SPFN I.RS TO CIVr TIAM7 MT) ?ADDRESS ON THE 117PT TC RT'CC!RD; M7"ACI"Z 7� I"Pll;r, i'I F.^L; CAT�D SYSTEM USI?D 13Y CO PT'ITY CO'1711�-_SI011 b. D1:,C11, .-,In;I OF ('1TY 1'(-)L1C'Y 1r1, WT7--' AT'TPLT(''rTTnilcS F'")F? i)T),l J' -.I" TV!.T . FTS'I1,7'VU Mr. Plummer: Mr. Mayor, let me trip; .ip a subject while we're waiting until eight. o'rl?ck. I'm a l i tt lc ; c>r,r_,:. r,ed, and this has nothing to do with any itk�m 1,t_re this rvuninq. Mr. Mayor, Metropolitan Dade County, when you al)l,ear there and a nurnher of other commissions that I've appeared at, have a system of a card that you fill out. I'm concerned of the reluctance of :,ome, mostly females, and I'm sure single females, have a reluctarcu to speak before this Commission for fear of having to give their t,om(- addres. I wonder i` we woul(ln't be smart to look into the system that is used. It is also a good rotation for speakers, of everybody just jumpirig up. They fill. out cards, f.or people who want to speak. The,,, put their name on that card, their address, and what item they are speaking on, and I think that Mr.. Grassie, you should 'look into that matter so that no one is hesitant to speak before this Commission. I do feel that there is some that are hesitant to speak because of that, and I think it would be a good thine, not only for those people, but I think it wcnil:l be Erood for this Commission to have a good, organized way of sneakers. And that applies to the Commission matters as well as zoning matters. Mr. Grassie: Commissioner, we can have that in practice for your next meeting. It will require the support of the City Commission. In other words, if we're going to make people do that, you're going to have to support the ilea. Mr. Plummery Mr, Grassie, I would say, sir, in a matter of educating the public as well as educating the Commission. I think where we both realize that it's for both our good, that we would learn and want to get educated. We're bringing up other things, Mr. Mayor. To the department, something tells me, in the back of my mind, that I made a motion some time ago that all future applications for drive-in tellers of banks were to be brought: before the Commission. Mr. Whipple: I'm sorry, Commissioner Plummer, I don't recollect that. We did make drive-in tellers a conditional use in all districts so... Mr. Plummer: So doesn't that as a conditional use have to come before this Commission? Mr. Whipple: t.o, sir, the 'Zoning Board has final. authority, or quasi- judicial. authority, unless appealed to this Commission. Mr. Plummer: Mr. Mayor, I make a motion at this time that all. matters relating to drive-in banks, drive-in tellers for banks be a matter be brought before this Commission. Mr. Mayor, I am concerned, deeply concerned, as I drive around this City. And today, I saw a major accident and it's repeated time, and time, and time a«ain where drive-in tellers are causing tremendous traffic congestion. And I think that if, in fact, this COTILMiSSion should be the final word. And I make a motion that from this po--nt forward, that all drive-in tellers be a matter to be brought before this Commission for final approval. I make that in the form of a motion. Mayor Ferre: Father Gibson, we need a second here. Plummer wants all bank tellers to be brought before... :dr. Plummer: Drive-in tellers. Mayor Ferre: ...drive-in tellers to be brought before the Commission. ist 19 MAY NO 4,980 Now Mayor Ferre (continued): I think that makes a lot of sense. Do you want to second that? Father Gibson: Sure. Mayor Ferre: Father Gibson seconds. Mr. Whipple: Mr. Mayor, Commissioners, so there is no misunderstanding, this would take a change in the zoning ordinance... Mr. Plummer: So prepare it. Mr. Whipple: ...specifically, which you would have to go through the process. Mayor Ferre: . Sure, so what he's saying is... Mr. Whipple: If you'd like a question, on my personal behalf, I would question what banks. These already approved prior to the time, the ones that you are discussing, prior to the time we had the conditional use. Mr. Plummer: Mr. Whipple, as a friend, I will explain it to you and tell you which ones I feel, but I don't want on the record, anyone to feel that I'm trying to pick on someone. Mayor Ferre: All right, is -there further discussion? Do you want to speak to that item? All right, then call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 80-397 A MOTION STATING THE POLICY OF THE CITY COMMISSION THAT ALL APPLICATIONS FOR DRIVE-IN TELLER FACILITIES COME BEFORE THE CITY COMMISSION FOR FINAL APPROVAL Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissoner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre 140ES : None ASSENT: Commissioner Joe Carollo Vice -Mayor Armando Lacasa 9 10. DISCUSSION IM CONNECTION WITH THE U?JLINITED REGATTA -SKY DIVING GROUP Mr. Plummer: Finally, Mr. Mayor, just things to get of my crow, we're waiting for eight o'clock. Mr. Grassie... Mr. Grass•ie? Sir? MAY 2 2 J52D ist lox. Plummer: ...to you, sir, to save me writing a memo. I received, which I'm forwarding to you, a letter by a group who wishes to perform during the unlimited Regatta in June. it is a skydiving group, part of Budweiser beer. I would lope that the administration would do everything possible, unless you feel there is some safety situation existing. It's running late on titre. I also want to bring to your attention, whoever is doii,g whr3t(ver is lef.t. of F,ublicity and working on that Unlimited Fr�r�tta, a ,"II wa:; receiived that some hundred bus benches were offered in the past, and n,)body thi voar remembered to call those People and yet one hun(lred bus benches of free advertising for the Unlimited Regatta, and that doo.,n't sound too bad until you realize that. the CLt.y Puts up twenty-five thousand of guaranteed money. I just think somebody should be made aware that they let off of one hundred free bus benches. Thank you, Mr. Mayor. ll.(a) DISCUSSION IN CONNECTION WITH COMISIONT MEETING DATES. ll.(b) INSTRUCT TALLAHASSEE LOBBYIST TO LOBBY IN ORDER TO SIlTLIFY D.R.I. EVALUATIONS PRESENTLY IN EFFECT. Mayor Ferre: Anything else? Mr. Traurig: Mr. Mayor, unrelated to your Zoning agenda on this item six, which I guess will probably have to be deferred but I have two matters to call to your attention. I don't know whether or not this Commission can accomodate me on either one. Number one, I note that your next zoning agenda is scheduled for June the 6th the night of June the 6th, which is a Friday night, which is the weekend of the Greater Miami Chamber of Commerce Goal setting Conference on Marco Island. There are some very important subjects on that, including the actions to be taken by the business community with regard to the rehabilitation of Miami. And I, for one, was hopeful of attending from the very beginning. I was wondering whether or not there is any reason why this Commission can't meet on that zoning agenda either on the 5th or early in the day on the 6th. If the answer is that, you know, it's already scheduled and it can't be changed, I understand. Mr. Plummer: Bob, what time do you have to leave to be there? Mr. Traurig: Well I was hopeful to be there at two o'clock. But if I can't, I can't. Mr. Plummer: We're not starting on that day unitl one thirty. Father Gibson: That's the trouble, he won't be able to get there. Mr: Traurig:* Well, I didn't know whether or not some of you intended to be there as well. Mayor Ferre: The answer is, I will not be in town on the 5th, and Mr. Plummer cannot begin until one thirty. And the other way of accomodating you is to put it on some other day. Mr. Traurig: I understand, you know, you cant'change it. I can see. Mayor Ferre: See, I'm going to be out of Florida, out of town until the evening, I'm coming back just for that meeting of the 6th. Mr. Traurig: The second item that I'd like to call to your attention is... Mr. Plummer: Well, wait a minute. Explore all your alternatives. How bad would it hurt your clients to hold over to the 19th? ist 21 MAY 2 2 1980 Mayor Ferre: No, the 19th, we may not have a meeting. How about the 26th? Mr. Traurig: There are several items that I think the client would like to have heard, and that's fine. The other itme I'd like to call to your attention is that Mr. Raymond Nasher has filed an application for development approval to the South Florida Regional Planning Council on Phase II of his complex, the first phase of which is the Flagship Center on the corner of. the Trail and Brickell Avenue. In order for that matter to be heard by this Commission on July 25th, this Commission would have to, today, schedule that hearing on July 25. If it can't be scheduled as a result of this meeting today... Mayor Ferre: You mean July 24th. Mr. Traurig: ...July 24th. If it can't be scheduled at this meeting today, then obviously, because you're going to be on vacation in August in can't be scheduled until September. There is a very major prospective tenant involved in that Phase II, who really has to have an anwer. Mayor Ferre: All right, Mr. Plummer moves and Father Gibson seconds that the item to be heard before the Zoning Board? Mr. Traurig: NO, it's before ttfis Commission. But I would like to explain further, Mr. Mayor. Mayor Ferre: All right, well then those motions are withdrawn. Mr. Reid: Mr. Mayor,; could I comment on the proceedings. Mayor Ferre: I'm sorry, I misunderstood. I thought it was a simple thing. Mr. Reid: The procedure in developments of regional impact followed by this City aqd sanctioned by this Commission, has been that before we set the hearing, which has to be set with a sixty days notice, that we receive a letter from the agency that has the DRI, that they have the DRI and the information is complete. And if such a letter was in hand, we would immediately act to set the hearing within sixty days. We have no such letter and so in effect, we are scheduling a DRI before procedurely we should schedule it because we don't have the go ahead from the regional agency. Mr. Plummer: Answer a question for me. Mayor Ferre: He's right. Mr: Plummer: Where am I losing something? It was my understanding that Nasher withdrew. bjr; Traurig:. NO. Okay, let me explain. He withdrew on the block in front of the Four Ambassadors. But to the East of the Flagship Center, there is a :site on which he would build the next tower. Mr. Reid is correct when he says that you are not normally empowered, under the statutes of Florida, to set.this hearing until you get that letter from the Regional Planning Council. We filed our application. We think it is complete. Our understanding is that because the Regional Planning Council staff is so busy working on Watson'Island that.it doesn't have time to look at anything else. Although it hasn't been there that long, and it very well be that they are being diligent in the processing of it. If you could set the hearing now and it's improper, we'll voluntarily back off but we don't think any harm could be done, in scheduling it for the 25th and then changing your position if you find... Mr. Plummer; Bob, why couldn't we pass a motion here, I'll watch all these people hit the floor, but ,you can pick them up, why can't we pass a motion subject to the arrival of that letter? Is that in order? Mr. Traurig: That would be great. ist 22 MAY 2 21980 Mr. Reid: The hearing ... the answer, Mr. Plummer, is no. Procedural, I believe, under State law, we must receive a notification from the Planning Commission that the documents filed for the DRI are complete. We have no such letter. When we receive that letter, we must come to this Commission arid publicly advertise a hearing date sixty days from the time that we, you know, come to you. In other words, if we came to you today, we'd be able to advertise a hearing... Mr. Plummer: You're caught up in bureaucracy. Mr. Reid: It happens to be a State law. Mr. Plummer: Well, I'm not saying whose bureaucracy, I'm just saying your caught up in bureaucracy, that's all. Mayor Ferre: There's more money lost by developers... what do you mean? Don't shrug your shoulders, its' very important to this community. I mean you know... Mr. Whipple: Mr. Mayor, I agree but that is what the law states and we're putting the applicant in just as much jeopardy as the City if we don't comply with those State requirements because that is grounds for appeal. And may I defer to the Legal Department as to their knowledge of it. Mr. Plummer: NO, how many more times do we want to hear something negative. We've heard it, that's it, that's the law... Mr. Grassier Well, but if the City Commission, as we, feel that that is an unreasonable schedule onthe part of the State law, the positive step to take is to start a process to see whether we can have State legislation adopted which will change that. Mayor Ferre: All right, Commissioner Plummer moves and Father Gibson seconds that we instuct our lobbyist in Tallahassee to see if he can get legislation to change the procedures so that bureaucratically, people who are developers are not held back the number of weeks that they are, waiting for paperwork to be shuffled while we ... which I think is an unfair impairment on the process of development. Does that sum it up? Mr. Traurig, does that sum it up? Okay, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 80-398 A MOTION THAT WE INSTRUCT OUR LOBBYIST IN TALLAHASSEE TO TABBY FOR LEGISLATION WHICH WILL SIMPLIFY PROCEDURALLY ALL REQUESTS FOR D.R.I. EVALUATIONS FROM THE REGIONAL AGENCY SO THAT EXCESS BUREAUCRACY WILL NOT UNDULY HOLD BACK DEVELOPMENT PROJECTS INASMUCH AS THE CITY COMMISSION FEELS THAT SUCH IS AN IMPAIRMENT ' TO•THE PROCESS OF DEVELOPMENT Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre,' NOES: None ABSENT: Commissioner Joe Carollo Vice -Mayor Armando Lacasa FOLLOWING ROLL CALL: Mayor Ferre: Let me explain because I see some people shaking their heads. This is a decision of the Legislature, not of the City Commission. 23 MAY 2 221980 Mayor Ferre (continued): We're asking the Legislature to clarify, what we think, is a requirement of the law which seems to be bureaucratic in nature and unduly unfair. UNIDENTIFIED SPEAKER: Mr. Mayor, that was inserted into the law for a reason. Mayor Ferre: Why? UNIDENTIFIED SPEAKER: Because the opposition cannot reply until it has been presented. If you are going to eliminate this period of sixty days, that means that the oppositon has to comply within whatever period you limit it to. Mayor Ferre: Let me see if I have this right? Dick, aren't we saying in effect, that if these people say, it's not a question of sixty days for opposition, you have that anyway, don't you? Sure you do. They have sixty days for —see, what this is saying is, they've submitted all their paperwork but we haven't heard from the DRI that all. the paperwork is completed so we can't schedule it. Isn't that what I understood? Mr. Reid: That's correct. Mr. Plummer: So there is no public input during that period. Mr. Reid: There is no public input until the DRI is certified and available. That's why you can't start the clock ticking until you have a DRI that's open for public inspection. Mayor Ferre: So, one of the ways that Barry Peterson and the fellows there play games is they just hold these things up. Oh, sure, they just sit on them. See? They'll sit on them for ninety days, and they know that on a lot of these projects that clocks ticking away costing that developer millions of'dollars. What? Sure, that's exactly what they do. They wait until the last moment. They did that on Watson Island. They make us, you know, wait. Wait ninety days, let the clock tick. Mr. Reid: I would say, personally, I've worked in the private sector and I understnad that time is money and that public decisions, should be made as expeditiously as possible. When we get the DRI, we have to analyze it ourselves, which takes a little time, and then take it to the Planning Advisory Board and then to the City Commission. We're willing to do that as fast as possible, but it may take a minimum of thirty days. And when you add advertisement to that, you add some additional time. So, I think we'd like to shorten the process but we may be talking about two weeks, fifteen days as being the minimum time it could be shortened. Mr. Plummer: Have we received yet a copy of the DRI in relation to Watson Island? Mr. Reid: Yes, sir. We have the DRI on Watson Island. Mr. Plummer: Over three weeks ago I sent a memo -to -the Manager requesting such a copy. Mayor Ferre: You mean the answer from DRI? Mr. Plummer: I requested a copy of that which I read in the paper. Mr. Grassie: If you haven't gotten it,'Commissioner, you will tomorrow. 24 MAY 2 Z 1980 ist 12. DEFERRAI, OF CONSIDERATION OF FPPLICATION BY YARDMER, N.V. FOR A PLAKNF.D AREA DEVELOPtENT FOR 123 RESIDENTIAL UNITS - 1014- 1090 VENETIAN WAY Mr. Plummer: Mr. Mayor, I make a motion we defer item six until June the 6th. June the 6th is our next meeting sir, which we will be handling zoning matters. (INAUDIBLE COMMENT FROM THE AUDIENCE) Mr. Plummer: Can I make a suggestion to you? Will you make your thoughts known in a letter to the City Manager, who will then copy us, and if we think it is merit, then we will do it ourselves, sir. Mayor Ferre: Let me ask you just one simple question, Bob? Does this have the so called fifty foot set back from the water and the twenty-five percent see through? Mr. Traurig: Yes, sir. It has the recommendation of the Urban Development Review Board, the Planning Department, the Zoning Board, and it meets all of those requirements. Mayor Ferre: It's fifty feet set back from the waterfront? And it's a twenty-five percent see through? Mr. Traurig: Yes, sir. Mayor Ferre: Well, there is a motion afoot to defer item six. Is there a second? Mr. Traurig: Could we specify a time certain? Mayor Ferre: June 6th. Mr. Plummer: Seven o'clock. Mr. Traurig: Okay. Mayor Ferre: Let me see if ... all right, call the roll. WHEREUPON THE FOREGOING MOTION TO DEFER ITEM NO. 6 to the Commission meeting of June 6, 1980 was introduced by Commissioner Plummer, and seconded by Commissioner Gibson, and �:�•. was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Mayor .Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo' Vice -Mayor Armando Lacasa 0 25 MAY 2 21980 ADJOURNMENT There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 8:15 P.M. MAURICE A. FERRE Mayor ATTEST: RALPH G. ONGIE City Clerk MATTY HIRAI Assistant City Clerk