HomeMy WebLinkAboutCC 1979-04-30 Minutesbfr7R1RoTt424
(--27-77
CITY OF MIAMI
OF MEETING `'HELD ON APRIL 30, 1979
(REGULAR/PLANNING & ZONING)
INDEX
CI a i l�' ISSI OF ili4"fI; FIDRIIIA
MUERILAR
APRIL 30, 1979 - REGULAR/PLANNING & ZONING
ITT]�1 NO.
SUBJECT
PNOLUTION
INANCE NO.
PAGE NO.
1
2
3
5
6
7
8
9
10
11
12
13
14
15
16
PLAQUES & CERTIFICATES OF APPRECIATION
PUBLIC HEARING. PROPOSED ELECTION: IN C.D. TARGET
AREAS AND CITIZEN PARTICIPATION
PERSONAL. APPEARANCE: DAN PAUL, ESQ. inre CITY OF
MIAMI/UNIVERSITY OF MIAMI-JAMES L. KNIGHT
INTERNATIONAL CONVENTION CENTER -RENEGOTIATION OF.
LEASE
ACCEPT PROPOSAL FROM LAVENTHOL & HORWATH VERIFYING
FINANCIAL VIABILITY OF CITY OF MIAMI/UNIVERSITY OF.
MIAMI-JAMES J. KNIGHT INTERNATIONAL CONFERENCE &
CONVENTION CENTER
AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT:
FERENDINO, GRAFTON, SPILLIS & CANDELA inre CITY OF
MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT
INTERNATIONAL CONVENTION/CONFERENCE CENTER
DEFERRAL OF CONSIDERATION OF AMENDMENT TO ANNUAL
APPROPRIATIONS ORDINANCE BY APPROPRIATING $25,000
FOR CITY HALL RENOVAT?ONS
DEFERRAL OF CONSIDERATION OF CHANGE OF ZONING'
1564-72 - BRICKELL AVENUE FROM R-1 TO R-3A
GRANT EXTENSION OF VARIANCE FOR WAIVER OF PARKING
49-61 N.W. 5TH STREET
SECOND READING ORDINANCE: AMEND ORDINANCE 6871, ART.
XXVI - "SPECIAL YARD DISTRICTS"
SECOND READING ORDINANCE: CHANGE ZONING BETWEEN SO.
BAYSHORE DR. AND ALLEY SO. BAYSHORE AND MICANOPY
FROM ALATKA TO S.W. 17 AVE. SO BAYSHORE AND TIGERTAIL
FROM S.W.17'AVENUE TO AVIATIJN AVENUE FROM R-1
TO Fl-B
•
SECOND READING ORDINANCE: APPLY COCONUT GROVE OVERLAY
DISTRICT SPD-2
SECOND READING ORDINANCE: ESTABLISH TRANSIT STATION
INTERIM ZONING DISTRICTS REQUIRING SITE -PLAN
APPROVAL AND ACCEPTING R-1 AND R-2
SECOND READING ORDINANCE: APPLICATION OF TRANSIT
STATIONS INTERIM ZONING DISTRICTS TO CERTAIN AREAS
SURROUDING TRANSIT STATION SITES -(1 YR. LIMIT)
OVERRULE RECOMMENDATION OF PLANNING DEPARTMENT AND
PARTIAL GRANT BY ZONING BOARD AND GRANT VARIANCE FOR
SIDE AND REAR YARD- 860 N.W. 18 PLACE
GRANT APPLICATION TO METROPOLITAN DADE COUNTY TO
PERMIT 100-UNIT APARTMENT PROJECT OF ELEEMOSYNARY
CHARACTER LOCATED AT 1310 N.W. 16TH STREET
APPROVE APPLICATION FOR DEVELOPMENT OF PUN - 2461
SOUTH BAYSHORE DRIVE
DISCUSSION
M-79-288 thru
M-79-295
(See later
fi:79-371)
'DISCUSSION
ORD. 8924
ORD. 8925
ORD. 8926
ORD. 8927`,
R-79-299=
R-79-300
R-79-301
1-2
2-49
50-57
57-61
62-63
63-65
66-67
67-68
69-70
71-72
72-73
73-74
74-75
:78-83
83-87
•
C41 IIMSEFICHMAPERBRILA
APRIL 30, 1979 - REGULAR/PLANNING & ZONING
PAGE M Y
ITEM NO,
SUBJECT
tOLUTIONNO,
INANCE Oij
PAGE NO.
17 FIRST READING ORDINANCE: GRANT APPLICATION BY
METROPOLITAN DADE COUNTY FOR CHANGE OF ZONING-
101/165 W. FLAGLER STREET, FROM C-4 TO GU AND
GRANT APPLICATION TO CONSTRUCT/OPERATE LIBRARY, ART
MUSEUM AND HISTORICAL MUSEUM AT 101-165 W. FLAGLER
STREET
18 GRANT CONTINUED APPLICATION FOR DRIVE-IN TELLERS AT
1920 S.W. 27TH AVENUE - AMERICA'S BANK
19
20
21
22
23
24
25
26
27
28
29
30
31
FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
LOCATION` LOCATED 1301 N.W.27TH AVENUE FROM R-4
TO C-4
EXTEND CONDITIONAL USE AND VARIANCE LOCATED AT 1101
SOUTH MIAMI AVENUE
(A) EXTEND CONDITIONAL USE WHICH GRANTED AND
ESTABLISHED THE RESTAURANT AT 1101 SO. MIAMI
AVENUE
(B) EXTEND VARIANCES ON YARDS AND WAIVER OF PARKING
AT 1101 SO. MIAMI AVENUE
AUTHORIZE ONE-YEAR EXTENSION OF DEVELOPMENT ORDER-
"CLAUGHTON"ISLAND"
ACCEPT PLAT: "DeWITT SUB`" - LOCATED AT S.W. 22
AVENUE AND DIXIE AVENUE
SECOND READING ORDINANCE: CHANGE ZONING
CLASSIFICATION 183-185 N.E. 80T31 TERR. FROM C-2
TO PR
GRANT VACATION/CLOSURE OF N.E. MIAMI COURT BETWEEN
N.E. 58TH AND 59TH ST.-'TP."#1020 - "LEMON CITY
PARK"
FIRST READING ORDINANCE: AMEND ORDINANCE 6871,
ARTICLE IV, SECTION 11.1-"PRIVATE`ROADS"
•FIRST READING ORDINANCE: AMEND ORDINANCE ,6871-CORRECT
.
SPACING' FORMULA FOR BUILDING SITING IN THE SPD-1
CENTRAL ISLAND DISTRICT, ARTICLE XXI-3,;SECTION 10
ACCEPT PLATT: "BALDWIN BLUFF" LOCATED. AT 3700
DOUGLAS ROAD
ACCEPT PLAT: "CARORI PARK" - WEST FLAGLER AND
71ST AVENUE
AUTHORIZE AND DIRECT CITY MANAGER TO FUND THREE
(3), ADDITIONAL POSITIONS IN THE OFFICE OF THE
CITY CLERK, ON A 5-MONTH FUNDING BASIS, TO THE
END OF THE CURRENT FISCAL YEAR
FIRST AND SECOND READING ORDINANCE: AMEND ORDINANCE
8716-ESTABLISH NEW PROJECT FOR WEST TRAIL VIEW
HIGHWAY IMPROVEMENT
FIRST READING ORDINANCE: AMEND ORDINANCE 8858-
INCREASE APPROPRIATIONS SPECIAL PROGRAMS AND
ACCOUNTS -ELIMINATE RENTAL PROPERTIES FROM
ENTERPRISE FUNDS
R-79-302
R-79-303
FIRST READING';
R-79-304-A
R-79-304-B
R-79-305
R-79-306
ORD."
8928,
R-79-307
FIRST READING
87-90
90-92
92-93
93-94
95-96
96-98 •
98
99
100-101
FIRST' READING 101-102
R-79-308 102-103
103-104
R.. 79.. 309,
R-79-310.
RD. 8929
FIRST READIN
104-108
109
110-112
Iiii NO,
IID
ctt�t 11141sgiaFFRaFORina
APRIL 30, 1979 — REGULAR/PLANNING & ZONING
SIBJECT
32 BRIEF DISCUSSION: WITHDRAWAL OF CONSIDERATION
OF AGREEMENT BETWEEN MARINA INC. AND EAST COAST
MARINE, INC.
33
34
35
36
37
38
39
40
41
42
AMEND RES.s78-497 — REALLOCATE AND REDISTRIBUTE
COST OF BURROUGHS' CENTRAL COMPUTER SYSTEM
ACCEPT BID: UNIFORMS FOR THE POLICE DEPARTMENT
ACCEPT BID: SALE OF 300 CONFISCATED GUNS
CLOSE CERTAIN STREETS IN COCONUT. GROVE IN
CONNECTION WIHT THIRD. ANNUAL "BANYAN FESTIVAL".
FORMALIZING RESOLUTION: URGE DADE LEAGUE OF CITIES
TO CHALLENGE TAXICAB' REGULATIONS FOR FILING LEGAL
PROCEEDINGS OPPOSING
PERSONAL APPEARANCE VICTOR LOGAN — REGARDING
"MIAMI SUMMER BOAT SHOW"
FORMALIZING RESOLUTION: ESTABLISH GUIDELINES FOR
CITIZEN PARTICIPATION IN,C.D. TARGET AREAS
BID ACCEPTANCE — P.N.M. FOR CITY WIDE SANITARY
SEWER IMPROVEMENT—"FLAGLER STREET SR-5458—C"
AUTHORIZE APPROPRIATE TRANSFER. OF FUNDS FOR THREE
ADDITIONAL POSITIONS FOR THE CITY CLERK'S OFFICE
BRIEF REPORT BY. CITY ATTORNEY REGARDING STATUS OF
ADA'MERRITT SCHOOL
PAGE M 3
ORDINANCE OR
ttiiEESOLUTION
DISCUSSION
R-79-311
R-79-312
R-79-313
R-79-314
R-79-315
M-79-316
R-79-317
R-79-318
M-79-319
DISCUSSION
PAGE NO,
117
117-128
129-131
131
131
132
(CONTINUED FR
OM THE 3:00 P.M. AGENDA)
PLANNING & ZONING PORTION OF THE MEETING
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
* * * * * * * *
On the 30 day of April 1979, the City Commission of Miami, Florida, met
at its regular meetingplace in the City Hall, 3500 Pan American Drive,
Miami, Florida in regular session.
The meeting was called to order at 7:38 P.M., by Mayor
following ,members `of the Commission found to be present:
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
PRESENT WERE:
Joseph R. Grassie, City Manager
R. L. Fosmoen, Assistant City Manager
George F. Knox, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
AFTERNOON AGENDA -
Mayor Ferre: All right, we are on the afternoon agenda and the first item to
come before is item No. 1.
7. Deferral of consideration of Change of Zoing: 1564-72
Brickell Avenue from R-1 to R-3A.
Mayor Ferre: We are now on Item No. 1 of the 6:00 P.M. Agenda which is the
Second Reading, is there anybody here for item No. 1?..Raise your hands, all
right, we'll take up item No. 1 first.
Mr. Plummer: Mr. Mayor, I think it is usually customary that you ask is there
any one on the Agenda that wants a deferment.
Mayor Ferre: Is there any one that wants a deferral? I thank you, J.L., you
want a deferral. Come forward, give us your name, come forward give us the
number and let's see if there are any objectors.
Mr. Bob Davis: It would be item No. 7, Mr. Mayor.
Mayor Ferre: Item No. 7, on first reading an application by Green Construction
for zoning on Brickell, you want a deferral.
UNIDENTIFIED SPEAKER: Yes, sir, a month ago...
Mayor Ferre: Your name and address for the record.
UNIDENTIFIED SPEAKER: George Brown, I'm with the Green Companies. In the last
month you had at issue on an adjacent piece of property came up and you instructed
the Planning Department to do a study on the area, and they haven't completed the
study yet so I think us being heard at this time is probably...
Mayor Ferre: Does anybody object to that?
(INAUDIBLE RESPONSE, OUTSIDE OF THE PUBLIC RECORD)
Mayor Ferre: You are an objector, come up, your name and address and give us your
objection for this not being deferred.
mh
APR 3 0 197$,
UNIDENTIFIED SPEAKER: My name is Sheila Abraham, and my address is 6161 S.W. 109 Ct.
formerly of Brickell Avenue: My objection is somebody has taken down the zoning
notices on this property, I notified the Zoning Board, the notices were not put
up again, I wasn't here at the last meeting on this because I didn't know about
it.
Mr
. Gordon: Which item are you talking about?
Ms. Abraham: It's item 7, the same item..
(INAUDIBLE STATEMENT MADE. OUTSIDE OF THE PUBLIC RECORD
Ms. Abraham: According to this it has.
Mr. Plummer:
applicant was
that we asked
some suitable
Ms. Abraham:
Mr. Plummer:
Ms. Abraham:
. Plummer:
Ms Abraham:
Well, Ma'am, are you aware that what the action of the particular
'at '_the ,last -time_ was deferred=and it was deferred to theextent
of the Planning Department to go back and to restudy the area for
change in the area.
Well, what other property are you talking about?
All of it, it runs, as I
You mean, the whole lot.
..on Bri'ckell
recall, from 25th Road to 15th'Road..
.well, thewhole street.
block is really changing.
Mr. Plummer So what this man is saying is he would like to changes until the
Department has presented its findings to this Commission before his Application.
Ms. Abraham: Well, I definitely want to make sure that I'd be notified of ...
you know...
Yes,`'I understand, the whole
Mayor Ferre: We:_will so note that the. Clerk will take down your name and address
and make sure, that she it properly notified. Is there a motion on item No. 7?
Are there any other objectors to its being deferred? All right, is there anybody
else? Who moves?
Mr. Plummer: That thisitem be deferred? I'll ;move 'it.
Mr. Lacasa:
Second.
Mayor Ferre: ,Plummer moves, Lacasa seconds that item 7 be deferred.
discussion, call the roll.
WHEREUPON, on motion duly made by Vice Mayor J. L. Plummer
and duly seconded by Commissioner Lacasa, the motion for
DEFERRAL OF THIS ITEM was passed and adopted by the following
vote:
AYES: Commissioner (Rev.) Theodore R. Gibson
Commissioner Armando Lacasa
Commissioner Rose Gordon
Vice Mayor J. L. Plummer, Jr.
NOES: None.
ABSENT: None.
8. Grant Extension of Variance for WAIVER OF PARKING -
49-61 N.W. 5th Street.
Mayor Ferre:
that he also
Mr. Plummer:
Mayor Ferre:
mh
Further.`
All right, now, we have a letter from Sy Chadroff, item 15, asking
be deferred.
No, no, that isn't whit I have.
He says, well, he says: "The above matter has been set by the City
ArR 3 0 191.
67
Commission for the 30th. Unfortunately, I will be out of town on this date
and Mr. James MacVae will arat that have had with•This ar hitecturalion planssforgthetexist-ed
due to some problems my clients
ing building. My clients have now succeeded in retaining an architect who is
proceeding with the final plans d these
plans
Uponsthelfilingbe iofdsuchrplanstly �gtheer
with an Application for a building permit. your consideration of the
work will proceed expeditiously. I would appreciate
above matter."
Mr. Davis: Mr. Mayor, the applicant on this item is here tonight even though
his attorney is not and the Department has no problem with this item.
Mayor Ferre: Is Mr. MacVae here?
Mr. Davis: The owner himself is.
is here, okay.;
Mayor Ferre:
Mr. Plummer: But you are still asking for the extension, yes.
Mrs. Gordon:
,Mayor:Ferre:
Mrs. Gordon:
Mayor Ferre:
Mrs Gordon:
The owner
He is not asking for a deferment..'
Oh, I beg your pardon, thenwhat are you telling me?
He is asking you to grant him his request.
Does
anybody has a problem with that?
Mayor Ferre: All right, Mrs.
Gordon moves, who seconds ?...Fattier Gibson seconds,
further discussion on item 15, further discussion, call the roll.
The following
its adoption:
resolution was introduced by Commissioner Gordon, who moved
RESOLUTION NO. 79-298
A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE VARIANCE
FROM ORDINANCE NO 6871 ARTICLE XXIII, SECTIONS 4(13), 4(24)
AND 4(24-A) TO PERMIT A SUPPER CLUB ON MS 17 AND 18 LESS THE
S10 FEET, BLOCK 64N; MIAMI (B-41) BEING APPROXIMATELY 49-61
N.W. 5TH STREET AS PER PLANS ON FILE, PROVIDING NO OFF-STREET
PARKING SPACES (147 OFF-STREET PARKING SPACES REQUIRED) AND
SUBJECT TO PROVIDING AT LEAST FIFTEEN STICKERS FROM THE OFF-
STREET PARKING AUTHORITY FOR EMPLOYEE PARKING AND ALL VALET
PARKING FOR CUSTOMERS; ZONED
DO. 5Z(LIB- ERAL
.COMMERCIAL) GRANTED
BY ZONING BOARD
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner. Gibson,
adopted by the following vote:
AYES: Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
the resolution was passed and
NOES: None.
AFTER ROLL CALL:
Mr. Plummer: Wait, wait a minute, excuse me,Wt1ia man
hinethe
te rered
eshirt
in favor
sir, you got up and walked after this item. you
of item 15?
(INAUDIBLE STATEMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr. Plummer: Oh, okay.
sh
>.... ;0 197n
1
9. SECOND READING ORDINANCE: Amend Ordinance 6871, Art.
XXVI - "SPECIAL YARD DISTRICTS".
Cyr l•SrSLt�i.. w T;4fN: �7. J��•p +./.� 4..vryn�5.y4' ter. 4
Mayor Ferre: All right, now, without further interruption. We are now on item
1(a), amend Ordinance and so on, introduced by Plummer, seconded by Lacasa. Is
there any problem with this? Does anybody object?....Your name for the record.
UNIDENTIFIED SPEAKER: Mr. Mayor and Commissioners, my name is Joel Jaffer, I
live at 3268 Mary Street. For nearly 100 years this property has been developed
with the Special Yard District as it has been in the Ordinance and I would like
to ask the Department who proposed this change in the Ordinance why they propose
this change in the Ordinance, for the record.
Mayor Ferre: All right, further comments or discussions.
Mr. Jaffer: I've asked a question of the Department.
Mir. Plummer: Did you read the recommendation? Did you read their written
recommendation?.
Mr. Jaffer: The Bayshore Development Study?
Mr. Plummer: On their recommendation of 1(a), sir, did You read that?
it in the packet here?
Mr. Jaffer:
Mr. Plummer: Yes,:sir.
Jaffer:."
•
Where - is it in
•
Plummer: Here is the
Mr. Jaffer:
the packet?...or'in the agenda?
whole study, sir.:
The Bayshore Development Study
Mr. Plummer: Yes, sir.
Mr. Jaffer: Oh, that's what I said, okay. Well, it is my understanding then
that the reason this Ordinance was proposed was because of a replatting of a
plat called "Bayshore View" which permitted 6 lots in one of these estate pro-
perties and could have permitted a 15-foot setback from Bayshore Dr. ..one of
the houses on the lots faced a private road used as street frontage instead of
Bayshore Dr. On that basis, and since it is my understanding that that is the
reason that this is being proposed, I would urge the Commission not to approve
this because this plat is in violation not of the letter of the law but of the
spirit of the law and of the intent of the Zoning Ordinance and this proposed
amendment will effectively destroy these estates, the oolite formations which
are protected by State statute and also will effectively 4-lane Bayshore Dr. from
Alatka Avenue to Aviation Avenue. And the reason I say this is because the Pu-
blic Works Department has made it a standard policy pursuant to Section 54-20
of the Code of Ordinances of the City of Miami to hold any person applying for
replat or conveyance in this area to dedicate and be fully responsible for at
no cost to the City the full -width improvements to Bayshore Drive and it seems
to me that it is in direct conflict with the spirit of this Commission which in
1975, I believe, passed a motion that would prevent any further widening of
Bayshore Dr. and also in violation of a law of Florida 77-741. Be it as it may,
the plat is already done but these are the reasons why I think you should reject
this Ordinance. Also I don't trust you to brine up 100 foot setback later on
and I would sleep much better tonight if you reiuse this 70' setback on direc-
tions that they come back with a 100 foot setback Ordinance later, because I
don't trust you.
'then.
Mayor Ferre: All right....
Mr. Jaffer: Also I would like to call your rttention....I want to take some time
because I put a lot of work into this. I lived in Chicago for five years, or
four years and in Chicago, or across the lake from Chicago, there is a part -of.
tadiaaebalIed--the Indiana Dunes and these are basically preserved dunes that are
mh
'APR 3 0 1974
a very beautiful part of Indiana and many people live in the Indiana dunes and
commute to Chicago to work, much like they do in Coconut Grove and commute to
Downtown Miami. Around 1940 the City of Gary and a few other cities in Indiana
began building steel mills in the dunes area and there became a movement called
"Save the Dunes" and while they built two steel mills right on the east edge
of Gary and that held them for 10 years and then they built another steel mill
right in the middle of the dunes, splitting up the dunes, this was just recently,
just 10 years ago,and I can't help -when I travel to Downtown Miami every morning
lately, to the Courthouse from the Grove -'to feel very threatened by these develop-
ments because Turkey Point in a sense can be related to the steel mills of Gary,
Indiana, and the Grove will soon become like the dunes in Indiana and those areas
are now going to cleared out to be made a National Lakeshore so that ,tobody can
live there. And I just want to provide some oversight for this Commission..you
aren't the
oufirst
cculdCs ion tlearnfrom the mistakesofat comes across
othercitiesproblem,
andanyway,
other Commissions. be
nine ify
This is why I am opposed to 1(a).
Mrs. Gorden: I wish to commend this young men for the amount of time and effort
he puts into really researching and looking at thins. You are okay, it is really
great.
Mayor Ferre: Well, there is no question that he is persistent,, there is no ques-
tion that he is active and there is no question that he is awake.
Mrs. _Gordon: And he s:inds the facts.
Mayor Ferre: What else you do besides this? Seriously, you must spend hours.
Do you do anything else? Do you do this for the County Commission? Just out
of curiosity. I didn't mean the waste of money or anything but...
Mr. Plummer: Tell him you are the Manor's Administrative Aid.
Mrs. Gordon: I missed a good joke:
Mayor Fete: Is there further.. discussion? :'Plummer are you moving it, again?
Mr. Plummer: Yes, sir.
Mayor Ferre:
Mr . Lacase :
Mayor Ferre:
yor T'er :e:
Lacasa are you seconiing
Secend.
All right, cead the ordinance.
W:L1 EUPON the City Attorney proceeded to read the Crdinance.
All right, call the roll.
AN ORDINANCE E:J'J ITLED-
AN ORDINANCE MINDING ORDINANCE NO. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI, BY DELETING SUBSECTION
43-DISTRICT 43 OF ARTICLE XXVI, SECTION 2, SPECIAL YARD DISTRICTS,
IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF A NEW SUBSECTION
43 TO REQUIRE A YARD OF NOT LESS THAN 70 FEET; REPEALING ALL
ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT INSOFAR
AS THEY ARE IN CONFLICT, AND CONTAINING A SEVERABILITY PROVISION.
Passed on its first reading by title at the meeting of March 8, 1979,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Lacasa, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Commissioner Armando Lacasa
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8923.
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
mh
70
APR 3 0 1814
public.
10. SECOND READING ORDINANCE: Change zoning between So. Bayshore
Dr. and,alley So. Bayshore and Micanopy from Alatka to SW 17 Ave.
So. Bayshore and Tigertail from SW 17 Ave. to Aviation Ave. from
1
Mayor Ferre: Take up 1(b), change of zoning between the area between So. Bayshore
Drive and so on..., moved by Rose Gordon and seconded by Father Gibson, further
discussion.
Mr. Plummer: Mr. Mayor, may I clarify the record, please, I was trying to assist
Mr. Lacasa, because I checked with Mr. Whipple. As you'll recall, we expanded
this as proposed from 70 to 100 feet. The 70 is being put into effect now with
the 100 feet being taken before the Board and will come here later at the next
!glinting. And Mr. Lacasa did in fact vote for the 70 but opposed the 100 even.
though it did pass, so, I just want it as part of the record that there is more
to come at the next meeting.
Mayor Ferre: This is what I like to call climbing the ladder, we had 70 and then
we went to 100. Now, you went as far as 70 but you didn't go to 100, but some
of us went to 100.
Mr. Plummer: Right.
Mayor Ferre: So when that comes up you can vote no and some of us will vote
"yes", okay? You know, I want to point out to those who are critics that
Lacasa and I have voted separately I think more than we have votedtogether
in the last couple of months.
Mr. Lacasa: In spite of the Herald.
Mr. Plummer: You have redefined the definition of "croniism".
Mayor Ferre: Yes, you put. a "crony" on so you can vote against
go ahead read the ordinance.
WHEREUPON the City Attorney proceededto read the. Ordinance.;
Mayor Ferre: Call the roll.
AN:ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING
CLASSIFICATION OF THE AREA BETWEEN SOUTH BAYSHORE DRIVE AND THE
ALLEY LOCATED BETWEEN SOUTH BAYSHORE DRIVE AND MICANOPY AVENUE
FROM ALATKA STREET TO S. W. 17TH AVENUE TO AVIATION AVENUE, LESS
AN AREA IN THE SOUTHWEST CORNER, FROM R1 TO R1B (ONE FAMILY
DWELLING); AND MAKING NECESSARY CHANGES IN THE ZONING DISTRICT
MAP, MADE A PART OF ORDINANCE NO. 6871, BY REFERENCE AND DESCRIP-
TION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES,
CODE SECTIONS, OR PARTS THEREOF IN CO: LICT; AND CONTAINING A
SEVERABILITY PROVISION.
Passed on its first reading by title at the meeting of March 8, 1979,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Gordon, seconded by Commissioner (Rev.)Gibson, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Commissioner Armando Lacasa
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
okay.1(b),
(VOTING continued on next page)
mh
h7
I
i1rK u 0 197J
NOES:
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8924.
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.
11. SECOND READING ORDINANCE: Apply COCONUT GROVE OVERLAY
DISTRICT SPD-2.
Mayor Ferre: Is there anybody in opposition to 1C? Would you limit your state-
ment to 5 minutes, please?
Mr. Joel Jaffer: My opposition to this is that putting the overlay district
to these areas, they are going to be in effect declaring these areas to have
certain conditions such as their use to the City, etc., etc., and these condi-
tions can then be used in order to substantiate planned unit developments in this
area, almost as a matter of law, and that's why I'm opposed to this.
Mrs. Gordon: Jaffer, we can't prevent it now and this will control it and dictate
that it will be done on a way that would be beneficial to the area rather than
detrimental. This is very important to maintain the amenities of the area.
Mr. Jaffer: Istill hold that it shouldn't be done at all
Mrs. Gordon: Okay, well, all right.
Mayor Ferre: All right, Mrs. Gordon moves and Father Gibson seconds 1
the ordinance.
WHER.EUPON the City Attorney proceeded to read the Ordinance.
Mayor Ferre: Call the roll.
), read
ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI, BY APPLYING ARTICLE
XXI-4, COCONUT GROVE OVERLAY DISTRICT (SPED-2) TO THE AREA
BETWEEN SOUTH BAYSHORE DRIVE AND THE ALLEY LOCATED BETWEEN
SOUTH BAYSHORE DRIVE AND MICANOPY AVENUE FROM ALATKA STREET
TO S.W. 17TH AVENUE AND THE AREA BETWEEN S. BAYSHORE DRIVE AND
TIGERTAIL AVENUE FROM S.W. 17TH AVENUE TO AVIATION AVENUE, LESS
AN AREA IN THE S.W. CORNER, AS SET FORTH ON THE ATTACHED MAP AND
BY REFERENCE MADE A PART HEREOF; AND BY MAKING THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF THE SAID
ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS
THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION.
Passed on its first reading by title at the meeting of March 8, 1979,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Gordon, seconded by Commissioner (Rev.)Gibson, the
ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Commissioner Armando Lacasa
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
(VOTING continued on next page)
AN
72
L 0 a
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8925.
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.
, 12. SECOND READING ORDINANCE: Establish Transit Station Interim Zoning
Districts requiring site -plan approval and accepting R-1 and R-2.
Mayor Ferre: Now, we are on Item #2A second reading.
Mrs. Gordon: Move.
Mayor Ferre: Mrs. Gordon moves, Plummer seconds, further discussion? Anybody
here as an objector? Read 2A. Again!
Mr. Jaffer: My name is Joel. Jaffer,;I live at 3268 Mary Street. First of all
I don't remember the first reading of this application being passed.
Mayor Ferre: For the record it was....
Mrs. Gordon: March 8th.
Mr. Jaffer: Well, was that done at the very end of the meeting like after the
adjournment because_I was here through the whole thing and that"was one of ,the
ones you didn't get to.
Mayor Ferre: That will teach you to walk away.
Mr. Jaffer: Well, when Rose Gordon saysI leaving and walks away, then 1
take, that as a cue to...
Mayor Ferre: Well,; how could Rose Gordon walk away if she moved it?
Mrs. Gordon: I didn't move away on that meeting.
Mayor Ferre: This establishes a Transit Station Interim Zoning District, can
we...
Mrs. Gordon: I never walked away from that.
Mr.Jaffer: Ok, well...
Mrs. Gordon: How could I have moved away if I moved the motion? I moved the
ordinance. My...
Mr. Jaffer: Well,: as I remember you were the first t
and I don't remember thisthing being passed.
Mrs. Gordon: : If.I wasn't here, then my shadow must have moved -it.
o`go, that's when I left
Mr. Jaffer: Whatever.
Mayor Ferrer Alright, will the shadow move it again and...
Mr. Jaffer: The reason I'm opposed to this is because the way these zoning
things are being pushed through these station area development meetings, I
don't think it's in the spirit of the zoning change. The way they are done
there is they say well nothing... what we are doing now has no bearing on the
zoning everything is going to be done later, all we are doing now is making
concepts and just saying what we would like to happen if in case it happens
And now you are going ahead and establishing these past things that have
been done with no real basis and then attaching a real basis to them after the
fact. And furthermore, I don't like seeing anymore power given to the
Planning Department than they already have.
Mayor Ferre: Alright, further discussion, call the... you are not related by
Ernie Fannatto are you Mr. Jaffer? Alright, read the ordinance. Call the roll.
U t371;
73
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING AN INTERIM ZONING
DISTRICT TO BE KNOWN AS "TRANSIT STATION
INTERIM ZONING DISTRICT" AS PROVIDED IN
ARTICLE IV, GENERAL PROVISIONS, SECTION 39
OF THE COMPREHENSIVE ZONING ORDINANCE NO. 6871;
REQUIRING THAT ALL NEW DEVELOPMENT IN SAID
DISTRICTS, WITH THE EXCEPTION OF PROPERTY IN
THE R(1) (ONE FAMILY DWELLINGS) AND R(2)
(TWO FAMILY DWELLINGS) DISTRICTS BE SUBJECT
TO SITE AND DEVELOPMENT PLAN APPROVALS BY
THE ZONING BOARD PER ARTICLE IV, GENERAL
PROVISIONS, SECTION 41, OF THE COMPREHENSIVE
ZONING ORDINANCE NO. 6871; REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS THEREOF
IN CONFLICT HEREWITH; AND CONTAINING A
SEVERABILTIY PROVISION.
Passed on its first reading by title at the meeting of March 8th, 1979,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Gordon,
seconded
readingVice-Mayor
by title and. passed andordinance
was thereupon given its second and
adopted by the fCommmissionerloing eRose Gordon
AYES:
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8926
The City Attorney read the ordinance
into
the Citypublic
Commission and tontheced
that copies were available to the members of
public.
13. SECOND READING ORDINANCE: Application of TRANSIT STATIONS INTERIM!
ZONING DISTRICTS to certain areas surrounding Transit Station Sites
-(1 yr. limit).
Mayor Ferre: Commissioner Gordon, do you want to move 2B again?
Mrs. Gordon: Yes, I move it.
Mayor Ferre: Commissioner Gordon moves 2B and Lacasa•seconds 2B,
discussion, any objections, read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR
THE CITY OF MIAMI BY APPLYING TRANSIT STATION
SITES, SUBJECT TO A ONE YEAR LIMITATIO THEREOF
ON THE ATTACHED MAPS, AND BY
MADE A PART HEREOF; AND BY MAKING NECESSARY
CHANGES IN THE ZONING DISTRICT MAP, MADE A PART
OF SAID ORDINANCE NO. 6871, BY REFERENCE AND
DESCRIPTIONS IN ARTICLE III, SECTION 2; REPEALING
ALL ORDINANCE, CODE SECTIONS, OR PARTS THEREOF IN
CONFLICT INSOFAR AS THEY ARE IN CONFLICT, AND
CONTAINING A SEVERABILITY PROVISION.
gl
74
'APR 3 0 1978
Passed on its first reading title at the meeting of March 8th, 1979,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Gordon, seconded by Commissioner Lacasa, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8927
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.
Mayor Ferre: Is anybody here on three? Raise your hand. Is anybody here on
four?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Well, we will come back to it then. Is there anybody here on
four?
14. Overrule recommendation of Planning Department and partial grant by
Zoning Board and GRANT VARIANICE FOR SIDE AND REAR YARD- 360 N.W.
18 Place.
Mr. Nickolas: Yes. George Nickolas and lawyer for Tony Perez who is here.
He has got a metal tool shed and he has got a open porch that has been up for
about four years and he would like to be able to keep it.
Mayor. Ferre: He has got a tool shed and what else does he have?
Hr.`Nickolas: And an open porch.
Mrs. Gordon: What number are you on?
r. Davis: Let me explain this if "I may Mr. Mayor.
Mayor Ferre: It
Mr. Davis: Number 4.
s in violation... we are on Item
Mayor Ferre: It's
violation of the City of Miami Zoning.
Mr. Davis: Let me explain this if I may Mr. Mayor.
Mayor Ferre: Alright.
Mr. Davis: There was an application made originally for a series of variances.
The Board granted part of them and they have appealed the decision of the
Board not to grant part of them to you. The portion that was granted by the
Board and this is not under appeal to you, is the carport awning and the front
porch, those were granted by the Zoning Board. Also, in his original application
was a tool shed which was on the line, in fact a little bit of overcap on the
line and a utility room which he wanted to add... which he had started to add
on to the back. Those were denied by the Board and subsequently these are the
two items which have been appealed to• the Commission.
Mayor Ferre: Alright. Alright, sir you want to...
Mr. Nickolas: He says he has got a fifty.thousand dollar home, it looks good,
the neighbors have no objection to this and he would like to be able to keep
hF'r 3 0 1974
gl
75
his shed and the porch. It's been up for four years and he would like to.,
Mayor Ferre: Alright, what's the will of this Commission?
Mr., Plummer: Wait a minute,`: clarifyagain for me -Bob.
Mr. Davis:
Yes, sir.
• Mayor, Ferre: Now, .we are going to vote in a moment, so pay attention. Rose.
We are. on four.
Mr.
Plummer: The only thing -.that is being appealed is which item?
Mr. Davis:
Mr. Plummer
If you will look on your sketch on your pack sheet..
: That's what I'm looking at.
Mr. Davis: The two things in the rear were
before. The existing Aluminum shed and the
The rear is at the top of the sheet on this
not passed by the Board and
"utility room which is on the"rear.
by the way. Those two things,
Mr.Plummer:_; Yes, I,understand. In other words
diagram the shed goes over his property: line.
the shed... according;to my,
Mr. Davis: This right, sir. .Even if it were on the property line it would
need 'the variance because it has to be five -feet away from both lines.:
Mr. Plummer: And
Mr. Davis: Th
e
is the neighbor next door?
neighbor was° -notified and.,.
Mr. Plummer: Who is your next door neighbor that the shed... the property that.
the shedis on?
Perez:
Mr. Plummer:
Edo Pulido.
Who was that, sir?
Mayor Ferre: Mr. Pulido.
Mr. Perez: Edo Pulido.
Mayor Ferre:
e'made him an offer he
Mr. Plummer: Spell it.
Mayor Ferre: ,P-u-1-i-d-
Mr. Perez: Thank you.
couldn't refuse."
Mr. Plummer: Then 'I have here in.front -of me a signed document that, that
gentleman has no objections?
Mr. Perez: That's correct.
Mr. Plummer: Oh, alright.
Well, that's what I; was trying to establish.
Mr. Lacasa: Well, Mr. Mayor...
Mr. Perez: Pardon me, in fact, signed, you know, the application.
Mayor Ferre: Yes, .I see it. He is fourth down the line.
Mr. Lacasa: I'm ready to make a motion on this.
Mayor Ferre Alright, go ahead Lacasa and make the motion.
Mr. Lacasa: Well, I see no objections• And I don't think that this shed
creates any particular problems due to 'it's location in the neighborhood,
so I move that we accept the appeal and we grant the variance,
Mayor._ Ferre: Is
there a second?
gl.
76
r �01979
Mr. Plummer: ; The man who is directly affectedis not concerned, I'm not.'
second the motion. ..
Mayor Ferre: Furtherdiscussion, call the roll.
ON ROLL CALL:
Mr. Ongie: To grant the variance.
Mayor Ferre: Father?
Rev. Gibson: And the Zoning Board said no?
Mayor Ferre: The Zoning Board did grant variance on the front setback at this
site, but not on this. The department recommended denial and the Zoning Board
granted partial petition six to one. Now, I assume what we are voting on is
the partial petition, is that correct? So the... Bob, what we are voting on
is the partial petition?
Mr. Davis: Just the partial. Yes, sir the parts in the rear
Mr. Plummer: Only that which is appealed.
Mayor' Ferre: Yes, ok. Yes and the answer
favor.
Mr. Davis: This is just the appeal
and the utility room both.
Rev. Gibson: The
shed and the
Mr. Davis: Room. There, is a room that he wants to build on the rear of his
house. A utility room which isalso in violation of our,Zoning Ordinance and
needs a variance. That's under a petition also and under appeal to you.
yard.
Mr. Plummer: Well, now wait a minute.
So there are two things.
Mr. Davis:
Rev. Gibson: Isn't the shed already there?
Mr. Davis: Yes, sir. It was built without a permit.
Rev. Gibson: Let...me ask...
Mr. Plummer: Is the utility room also there?
Rev. Gibson: this for clarification, .I`just... what would happen if, you::
had a fire or needed to get out of that yard based on that shed I saw? Can
anybody tell me?
Mr. Davis: Well
Gibson.
there are other waysto get out of the yard, I'm sure, Father
Rev. Gibson:. If You have to have a five foot
that right? ...
Mr. Davis: This is the law, yes, sir.
Rev. Gibson: Alright
that the way it is?
Mr. Davis:
setback from the property, isn't,
when I saw the shed...the shed was up to the line, wasn't
That's` correct.
Rev. Gibson: Now, what are you asking us to do, let him leave it there?
Mr. Davis: No, sir, we are not asking you to, he is. The staff has recommended
against it and the Zoning Board voted against it.
Rev. Gibson: Well, I'm going.to uphold the staff. I... let me tell you, I
just built a house. I have learned this, these laws may not always do what I
want, but sooner or later they come back to haunt me. Ism going to uphold
the staff.
gl
77
'APR 3 0 197a
Alright, he votes
vote with the staff.
The following resolution was introduced by Commissioner Lacasa
s adoption:
RESOLUTION NO. 79-299
A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE
NO. 6871, ARTICLE IV, SECTION 19(2) AND ARTICLE V,
SECTION 3(1) (a), TO PERMIT A 14.22' REAR YARD
(20' REQUIRED) ON AN OPEN PORCH ADDITION TO THE
RESIDENCE ON LOT 13, BLOCK 1, EDENHOLME GARDEN
(10-24), BEING 860 N.W. 18TH PLACE, AND AN
ACCESSORY METAL TOOL SHED WITH 0.0' SIDE AND 0.6'
REAR SETBACK (5' REQUIRED), ZONED R-1 (ONE FAMILY)
DISTRICT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Vice -Mayor Plummer, the resolution was passed
adopted by.thefollowing vote:
AYES: Commissioner Armando Lacasa
Vice -Mayor J. L. Plummer, Jr.`
Mayor Maurice A. Ferre
who Moved
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
ABSENT: None.
': 15. Grant Application to Metropolitan Dade County to permit 100-unit
Apartment Project of Eleemosynary character located at 1310 N.W.
16th Street.
Mayor Ferre: We are now on Item 1t... is there anybody here on five?
Anybody here on five, Item 5? You are here on five? Alright, sir, step
forward.
Mr. Davis: Five I'm sure is here. Mr. Adams is here...
Mayor Ferre: Application by Metro Dade to permit a 100-unit apartment project
of Eleemosynary character at approximately 1310 Northwest 16th Street. This
is a Dade County 8-10 project for the handicapped elderly. The Planning
Department recommended approval. The Advisory Board recommended denial four
to one. Two objections by mail, five objectors present at the PAB meeting.
You I assume are an objector?
UNIDENTIFIED SPEAKER:
Mayor Ferre: You are
UNIDENTIFIED SPEAKER:
I beg your pardon?
an objector I assume.
That's right.
Mayor Ferre: Anybody else want to speak as an objector? Are there any other
objectors? You are an objector?. You night. Alright, we have an objector
and a might objector.
Mr. glummer: Who took the appeal...
78
'APR 3 0 1979
Mr. Davis: This is not an appeal, Mr. Plummer, this is a regular procedure
from the Planning Advisory Board to the Commission. The Commission is the
final actor in this stage.
Alright, sir.
Alright.
Mr. Adams: This is a hundred unit development for the handicapped being built
between the VA Hospital and Cedars of Lebanon.
The only variances we are asking
for is two setbacks one from the street that leads to the VA Hospital and another
from the creek to the rear. The setback there is twenty-nine and a half feet
where fifty feet is required. The building is at an angle and it's the point of
the building that is at the... has a variance. The plans for this building
are complete. The building is staggered. We have an agreement with the
Rehabilitation Center at Jackson Memorial Hospital to operate two floors.
The architect is _.
who is here. And there... I was not at the
Zoning hearing, I think the objections were that there was inadequate parking
in the hospital area. We are providing more than adequate parking for our
housing. The hospital has a parking plan, they are going to build some more
parking garages. I think there was some concern raised as to the fact is
it a good idea to segregate the elderly and the handicapped from families. The
only answer I would have to that is the first two projects we built in Dade
County, Liberty Square and Edison Court have elderly and family living together
and the elderly now generally prefer living in separate developments rather than
in family projects. That's the experience we have had. I will be happy to
answer any questions or respond to any objectors.
Mrs. Gordon:.
Mr. Adams: This. is
Mrs. Gordon: Old or young, it doesn
Mr. Adams:
But this is not just elderly, this is handicapped per se.
handicapped. Yes, they could be... it would...
Old,. or young and more...
t matter.
hopefully more young than old.
Mrs. Gordon: Arethese little separate apartments with their own cooking
facilities or is there a central kitchen.
Mr. Adams: No, it is all separate, it's regular apartments, not congregate
housing. It says kitchen, bath, no common dining room. Although there is a
community space where programs could operate, but it's a complete apartment.
Mrs. Gordon: How does it differ from any project that you have built where
you put in facilities that accommodate the handicapped?
Mr. Adams: Well, in our elderly we have, but... and in family projects... now,
ten percent of the units are specially designed for handicapped. This development
all of the units are designed for handicapped.
Mrs. Gordon: You don't put facilities for handicapped in allyour... normally
in...
but ten percent of. them,
Mr. Adams: Only ten percent.
Mrs. Gordon: I didn't know that, I thought you had to put that in... that is
was manditory to put in extra bars in the bathrooms and...
Mr. Adams: Well, for elderly there are a lot of features in elderly that are
like handicapped, but forgetting wheel chairs moving around or bathrooms designed
for wheel chairs, that's only ten percent. A lot of safety features would
apply to handicapped or to elderly.
Mrs. Gordon: Are the counters lower in these... the kitchen counters lower
so they can get to it from a wheel chair, is that one of the features?
79
APR 3 0 197h
Mr. Plummer:
Board.
Mr. Reid:
Mr. Adams: Yes, in fact the counters.. the cabinets can be raised or lowered
depending on the nature of the handicapped. All of the handicapped will not
necessarily be physically handy. Some may be blind where they don't need the
lower counters.
Mrs. Gordon: Therefore
adjustable?
Mr. Adams: The cabinets
Mrs. Gordon: The cabinets
Adams: The counters
sinks and your counters are... you say are
rs. Gordon: The counters will be lower?
r. Adams: Yes and the sinks.
Mrs. Gordon: So that therefore, someone in a chair could manage to take care
of themselves?
Mr. Fosmoen: Mel, may be oneof the ways of answering the Commissioner is
that it will be built to HUD specifications. There are a whole set of standard
FHA criteria for serving handicapped.
Mrs. Gordon: I'm just interested in the particulars of the project.
r. Adams: Well, the one unique feature is that the Rehabilitation Center.
in Jackson Memorial will use two floors or one floor of this building for a
half way house, people who have been full-time treated in the Rehabilitation
Center who are now ready can move out of the hospital treatment, but can't live
independently can move in there and we will get some special treatment until
they are fully independent and can move into the community.
Mr. Plummer: Alright, sir. Well, I think you are the only objector, is that
correct? May be? Alright, I think his objection doesn't speak to the type
of residential, as I understand it his objection has something to do with,;
infringement upon the creek. You go ahead, if you will, sir. For the record
your name and mailing address.
Mr. Ledford: For the record my name is Harry Ledford, I live at 1551 Northwest
13th Court, the plat there that's the first one in red on the lower side. This
area over built. The area they are going to build in is a parking lot. I think
you are trying to put five pounds of flour in a two pound bag in this area of
the hospital. There is people that works to VA Hospital that cannot find a
place to park, they return home and call in. They have the Public Safety
Department and here they are taking a half of a parking lot and fixing to put
in a hundred more units. The VA is putting in five hundred units. The sewer
system is over taxed right now and everybody is covering seventy percent or
better of the property. And I live on the west side of the canal and they are
building a five and ten story wall where there will be no air or anything coming
in there. And they say they are not covering the full percentage of their
property yet they want a twenty foot variance to put it twenty foot closer
to my house. They knew this when they built... drew the plans up or they
should have and then after they get their plans built they want a variance
because this is the way they designed it.
Mr. Plummer: Mr.... is that all, sir? Mr. Davis, can you rap up the consensus -
Mr. Davis?- of the voting of the Board? I noticed it was a four to one denial.
Can you rap up...
Mr. Davis: Mr. Reid was at the meeting and has the summary in front of him
Mr. Plummer:
Alright, sir. Insummary why was the reason of the denial of the
Well, I think the last comment of the Chairman of the Board was the
gl
80
• r^ „ 0 1974
t 4
suggestion to HUD's staff that when they brought this issue before the City
Commission that they provide more information. So I think that it is fair to
say that there was quite a bit of confusion as the project was presented before
the board. There was confusion in terms of who was going to benefit. Whether
in fact all the beneficiaries were going to be HUD clients if you will, low
and moderate income people, that was not clear. I think that has been cleared
up now so that the beneficiaries are HUD clients. There was concern and confusion
about the adequacy of parking and whether the parking that was suggested with
the development would meet needs and of course, they were suggesting a level
that was suggested by the various Miami Departments, that is thirty spaces
and we felt in our judgement it was very adequate for the project as it was
suggested. And then there was concern as the gentleman suggested on the
impact of the setback. And I think from our perspective there is an additional
setback to be gained in effect by the partial of the creek and the nearest...
Mr. Plummer: Sir, in Florida that's a creek.
Mr. Reid: Creek. I assume, well, it might be creek in Virginia, but I have
been calling it crick from Michigan. The... I would say that in terms of the
development as now laid -out it is the corners a hundred ten feet from the
nearest house. So that... I think there was concern about those issues before
the Planning Advisory Board as well as the segregation of the elderly in
projects and the general level of development in the Civic Center area which
is quite substantial.
Mr.
Ledford: How far is it, from the nearest house?
Mr. Reid: A hundred
ten feet'.
Mr.. Ledford: Well, that's only ten feet from our property lines, I'm..eighty
feet to the edge of the canal and fifteen feet of that canal is mine and if
you are only a hundred feet you are not too far away from my' house, our property.
Mr. Reid: It's a hundred ten feet from thenearest dwelling unit.
. Plummer: Alright, sir.
Did you wish to add anything else, sir?
Mr. Ledford: It was also... the Zoning Board turned it down because all the
property owners objected to everything being built so close and cutting off
of there you've got the VA Hospital, you've got Cedars of Lebanon Hospital and
they are all from five stories up. And while they are looking for some or
other for elderly what's happening to old Cedars Hospital, it's five stories
high. It's setting over there, but not being used.
Mr.' Plummer: Alright, Ms. Alexander, do you wish to speak? For the
your name and mailing address.
record
Ms. Alexander: Thank you, Selma Alexander, 2323 South Miami Avenue and I'm
speaking as an individual citizen. Mr. Reid brought up some points and I
was present at this meeting, so I do remember what transacted. The people in
the area have a rather nice residential area that's been kept up very well
over the years and then they are faced with the spector of five stories one
hundred feet away. Well, a hundred feet doesn't sound like much, but a hundred
ten feet with five story walls is really quite something. But that's not the
item of most importance in my mind. In my mind I still have not gotten an
answer for my satisfaction as to who the clients are going to be. There is
some kind of contract with Jackson Hospital. Now, it was brought out of this
meeting that these people would possibly be patients who would come in from
out of the City and needed housing while they was going to the Rehabilitation
Center and I'm not saying that they don't need it and all that sort of thing.
But if this is under the auspices of HUD and if we have as high a rate of people
wanting HUD housing and needing HUD housing, then if you are going to have
half way houses- now they say it's a half way house- I still don't know and
I still don't think it's adequately been answered to this Commission as to
just... where the case load is coming from. And I have great objection,
of course, to segregation of the elderly.
Alright, well let's see if we can get an answer.
'APR 30 fen)
Mr. Plumper: Mr. Rose.
Mr. Adams: Eighty of the units will be operated by us. There will be families
and old, they will not be...
who are on our waiting list. They will e tyyofng the units will be a half way
this is not senior citizen housing.
house for handicapped who had been in the Rehabilitationanot hospital
and now are ready to move back into the community, fully coind ten
I would assume... there is somebody here from the hospital
Rehabilitation Center who could answer where their patients come from. I assume
most if not all of them are residents of Dade County.
Mr. Plummer: Mel, may be the9andtthe Zoning oardhat's tryg to have been driveneinsthe is
that for years this Commission
head that this is the hospital complex area running from let's say llthSStreet
to 20th Street from 7th Avenue to 17th Avenue and we find that eighty percent
of this building is not being
used
t total areahospital
touse.
be used forhas
hospitaleuseeandd
on some many occasions that this
government complex. Now, you know, may be that's the question that's
rellf
being addressed, that this is only going to be twenty percent of any kind
rehabilitation, yet you are applying under a rehabilitation statute.
Mr. Adams: Well, we developed this plan with the hospital. We had another
piece of land on 9th Avenue just to the East of the hospital There we were
sggoing
to build this project. We bought it through redevelos pment. s a piece of landtsaid
that their plans called for hospital use there.
at
Jackson owned that was not
rdeveplanlopment
plans.
asked
the if
we would switch with them which we didso
hospital's master plan.
Mr. Plummer: Compatible or
Mr. Adams: Compatible.
In terms ofthe lack of parking for the people that
work at the VA Hospital there is going
to be a transit station right there
and a lot of the people, coming to work would use the Mass Transit.
Mayor Ferre:
Mr. Plummer: We all hope that's the case.
Mr. Jaffer: I have an objection that's mostly procedural...
Mayor Ferre: Alright, your name for the record.
Alright, any further questions?
Mr. Jaffer: Joel Jaffer, 3268 Mary Street. I was down at the building exchange
the other day and it seems that I saw some plans for this project. Was that,
this project they have already issued plans for?
Mr. Adams: Well, the plans are completed, yes.
Mr. Jaffer: And you are accepting bids on them.
Mr. -;Adams: No, we are not accepting bids. We have selected in effect t e
turn key developer who has prepared the plans. We are obviously...
Mayor Ferre: Alright, anything else? What's the will of this Commission?
. Gibson:
Mr. Mayor?
Mrs. Gordon: Mr. Mayor?
Mayor Ferre: Father Gibson and Mrs. Gordon.
Rev. Gibson: Members of the Commission, I would like to offer
this...
Mrs. Gordon:
Mayor Ferre:
ON ROLL CALL:
gl
I will second that.
Further discussion on Item #5, call the roll,
that we gran
tec !0 f9AI
Mr. Plummer: Let me indicate that I would have qualms if I thought this
building in the future would be limited to the twenty, but I see it as a'
potential that in the future it could be expanded to more`units'for the
Rehabilitation Center and because of that I will go along with it.
Mrs. Gordon: What was your comment J. L.?
Mr. Plummer: Rose, they are applying under..
Mrs. Gordon: I know, but I mean the last sentence you said,
you.
r. Plummer: That it can be expanded... be used more for hospital use. You
see, they are applying under the word that I can never pronounce "eleemosynary"
statute which comes under our zoning as a special type'of use. Now, if I
thought that this is what it was locked into for thefuture, I would vote against
this motion, but I -think thatthere is a potential thereto expand from twenty
as more units are needed that they can. SoI will vote "yes".
The following resolution was introduced by Commissioner Gibson
its adoption:
RESOLUTION NO. 79-300
who moved
A RESOLUTION GRANTING ELEEMOSYNARY USE TO PERMIT
CONSTRUCTION OF THE DADE COUNTY 8-10 PROJECT FOR
THE HANDICAPPED ELDERLY, AS PER COMPREHENSIVE
ZONING ORDINANCE NO. 6871, AS AMENDED, ARTICLE IV,
SECTION 36, BEING A 5-STORY, 100 UNIT APARTMENT
PROJECT ON AN UNPLATTED PARCEL OF LAND, PROPOSED
TENTATIVE PLAT #1034, WAGNER TRACT A, BEING APPROXI-
MATELY 1310 N.W. 16TH STREET, AS PER PLAN ON FILE,
WITH 29.5' SIDE YARDS (50' REQUIRED) AND 20' FRONT
YARD (50' REQUIRED), ZONED R-C (RESIDENTIAL OFFICE);
SUBJECT TO THE TERMS AND CONDITIONS AS HEREINAFTER
SET FORTH.
(Here follows body of resolution, omitted here and on. file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gordon, the resolution
adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R.
Vice -Mayor J. L. Plummer, Jr.
NOES: Mayor Maurice A. Ferre
ABSENT: None.
16. Approve application for development of PUN - 2461 South Bayshore
Drive.
Mayor Ferre: We are on Item #16, application by Dr. James G. Robertson to
permit a residential development of a PUN at 2461 South Bayshore Drive
consisting of six units in six structures. The Planning Department recommended
approval, the Zoning Board recommended it seven to zero. There were five
objectors and two objectors present. Are there any objectors present?
Mr. Davis:. My I explain something about this item Mr. Mayor?
Mayor Ferre: Yes, you can explain.
Mr. Davis: Originally the application before the Zoning Board was for seven units
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3 1974
in the PUN. It was deferred for consultation by the applicant with the
neighborhood. As a result of the consultation a compromise was reached, setbacks
were increased and the number of units was decreased from seven to six with
the agreement of the neighbors. The Zoning Board thereupon passed it
unanimously as per the revised plan which shows six units and the greater
setback.
Mrs. Gordon: Does six includes the original dwelling that's already there?
Davis: This does include the original dwelling
Mr. Plummer: Let me ask this question. I see some of the people that have in
the past been around to check on this. Is he telling us the truth? You all
know I'm kidding, of course.
Mayor Ferre: Yes, don't, don't.
Mr. Plummer: Ok, I should have hah, hahed before I said anything. In other
words, your silence gives consent that this is in concurrence with the neighbors
is what I'm saying. Ok. Well, you know, Mr. Mayor we also have that little
lady that runs around here with the funny hat who comes down and says "that .._
isn't what I agreed to". So I just want to get on the record that everybody is
in agreement, that's all.
Mayor Ferre: Alright, we have one objector.
Mr. Plummer:
Mayor Ferre: Well, don't you know. Go ahead. Go ahead Mr. Jaffer and your
name and address for the record...
Mr. Jaffer: My name is Joe?. Jaffer, 3268 Mary Street. On this item I'm here
representing the Bayshore Alert Yes Committee and I spoke to Ms. Houston,
the lady with the funny hatojust a couple of days ago and she doesn't think
this is anymore reasonable than she ever did. And in terms of the agreement,
well, let me go over the history again. The first time this came up before
the Zoning Board like you said it was for seven units, that was turned down. Then
the Zoning Board asked them if six units would be ok and the developer said yes,
six units would be ok and the Zoning Board still turned them down because the
way it's replatted. Yes, there is six lots on the replat, so it would be six
houses all together. Is that it? Now, at the time it was only going to be
five units.
Mrs. Gordon: Five plus the original dwelling. And it was going to be six plus.
the original dwelling, it's now been reduced to a total of six.
Mayor Ferre: Alright, Mr. Jaffer?
Mr. Jaffer: Well, it seemed that the compromise was defeated the first time
around.
rs.
Gordon:
will move for approval. I feel that this applicant has tried to...
Mayor Ferre: We have a motion by Mrs. Gordon.
Ws. Gordon: ... satisfy the neighborhood and not... and don't forget this
is the one that could have had a property fifteen feet from the street which
would have been a real disaster.
Mr. Jaffer: Well, they are on notice that of building... they are still on
notice that they are building at their own
build it to fifteen feet because of the litigation.
Rev. Gibson: I move.
Mayor Ferre: Alright, Mrs. Gordon moves, Father Gibson seconds. Now, Mr.
Jaffer...
Mrs. Gordon: Just a moment please, may'`I ask...
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mrs. Gordon: Yes, please do because we don't wantany problems afterward that
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APR 3 0 1970
weren't told or we didn't work on it or act on it.
Mayor Ferre: Alright, Mr. Rice before you do that. Mr. Jaffer, would you
take the microphone again, I want to ask you a question because you have been
consistently and I think... and this is fine, you are entitled, you are a
citizen to come up an object to ail these things. Usually when that happens
in this Commission you represent... the last time you said you were here
representing an organization. The name of the organization is?
Mr. Jaffer:
The Bayshore Alert Yes Committee, B.A.Y.
Mayor Ferre: The Bayshore what?
Mr. Jaffer: Bayshore Alert Yes.
Mayor Ferre: A
represent, how many people
Mr. Jaffer: Well, the only
Committee has five members
Mayor Ferre: Five members.
Alright, the
Bayshore:,Alert. Now, how many,. members do You
are on your Committee?
real document; certifying any membershipof the .'
on the Committee.
Mr. Jaffer: Now, we have been involved in various political.:; activities in
which from one time to an wehave had twenty to even fifty people helping us
in one form or another actively taking role and agreeing: with positions of the
Committee and being consulted by me before I come up in front of any public
body and say that I'm supporting them.
Mayor Ferre: Alright, I just wanted for the record to understand that and what
you are saying is that your Committee is composed of five people.
Jaffer: Well, I answered that.
Mayor Ferre: Yes, ok, thank you. Alright?.
Mr. Rice: My name is Jack R. Rice, Jr., 2424 Northwest 1st Street. I'm an
attorney and I represent the applicant. Originally we made as you know this
property was platted with a fifteen foot setback from Bayshore. Our original
setback for the PUN which we felt was more in keeping with what the neighbors
wanted down in the Grove on Bayshore was a forty-five and thirty-six foot
setback with seven... six new homes and the existing homes. Since then after
meeting with the people in the Grove including Tigertail Association, we have
reduced it to six homes including the homes there and the setback has been
increased from thirty-six and forty-five feet to seventy feet and each of the
lots will have ten thousand square feet which is in line with what you did
earlier. The agreement we made with the association is that there would be
no roof deckers, in other words where you could walk out and... is that correct
Bruno?
UNIDENTIFIED SPEAKER: Yes.
..r. Rice: There will only be a total of six units as shown on that plat.
There will be a seventy foot setback, a concrete Stucco wall eight feet
from the seventy foot setback- eight foot tall from the seventy foot setback.
Now, this wall will not be eight foot tall the whole distance, it will deviate
down to a lesser footage, I don't know just where we are going to start there,
but it will come down to a lower height in order to maintain, you know, the
beauty of the area. Also the wall will be on the south side-- I guess that's
the southeast side-- will be constructed before we do the building sites in
there in order to save the... Mr. & Mrs. Merritt from any noise and so forth
from the construction. Although the wall on the... now, you would call it
I guess that's the north side which is more like the northwest side, would
only be on that one side and would not be in the rear. In other words, in that
"L" shape in the rear of the property here...(NOT USING THE MIKE).
Mrs. Gordon: There would not be a wall there?
Mr. Rice: ... which is just along the north and south sides of the, platted
property. There would be no through drive to Calusa and a release of deed
restrictions on all three lots and at least a door facing on to. South Bayshore
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:APR -30 tea
Drive. Now, this met with the approval of everybody and we are reedy
comply with it.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Rice: Oh, the twenty foot setback from the side, yes. And Mr. Whipple
has the plans showing this.
0
Mrs. Gordon: Alright, with all of those conditions included into the application.
as part of the approval, I would move that approval.
Mayor Ferre: Mrs. Gordon moves , Father Gibson seconds
call the roll.
Mr. Jaffer: I have got a point of clarification. You can't plat a property
with a house with a fifteen foot setback, all the plat shows is a bunch of
lots. And it was replatted... now, the possibility arose that if they applied
to this Commission where the house facing the private road use the street
frontage, that you might be legally able to approve a fifteen foot setback,
but to say it was platted with a fifteen foot setback is wrong, is not correct.
And the people... again, the people I have spoken to no one is happy with this
arrangement, but they are willing to go along with it because of some
ridiculous commitment to the depth of this area. And to say the people are
happy with this arrangement or that they agree with it, I think it's in
complete... it's a complete statement of the facts. They are being presented
with a situation that they can't do anything about and asked whether they can
go along with it. And as far as the agreement is concerned there has been
no written... there is a court... two court cases involving the restrictions
and the replatting and there has been no agreement presented in those court
cases. Furthermore, if there is I have a stay pending the dismissal of these
cases which will be heard on Wednesday I suppose, but even if they do come
up with an agreement I doubt whether it will be legally binding until my
appeal has been decided. So the...
Mrs. Gordon: What do you mean your appeal? Are you in court on this?
Jaffer: Yes.
Yes.
further discussion,
rs. Gordon: You are not even the next affected property owner.
Mr. Jaffer: We are a group of property owners and lessees in the area and
there has been several court cases which say that when governmental bodies
are involved there is... you know, we have standing.
Mrs. Gordon: Joel, a Judge looking at this case and saying the nearest affected
people who have been strenuously opposed have removed their objections, what
do you think your case...
Mr. Jaffer: The nearest people who are affected is everyone between
and Alatka Avenues and I would further state everyone who pays taxes
driveway or who owns a driveway because of this plat.
Mayor Ferre: I think that's valid, that's valid.
Mrs. Gordon: Alright.
Mayor Ferrer'` Further discussion, call the'roll.
ON ROLL CALL:
Mr. Plummer: I'm assuming these agreements have been put into writing?
Mr. Davis: Yes, sir, they are on•the plans.
Mr. Plummer: Oh, I vote "yes".
gl
Thefollowing resolution was introduced by ComMtssioner Gordont who moved
its adoption:
RESOLUTION NO, 79-301
A RESOLUTION GRANTING A CONDITIONAL USE (PUN)
AS LISTED IN ORDINANCE NO, 6871, ARTICLE V,
SECTION 1(6) (h), TO PERMIT A RESIDENTIAL DE-
VELOPMENT OF A PLANNED UNIT NATURE (PUN) ON
LOTS 1 THRU 7 INCLUSIVE; BAYSHORE VIEW (110-23)
BEING APPROXIMATELY 2461 SOUTH BAYSHORE DRIVE,
AS PER REVISED PLANS ON FILE DATED 3/19/79, CON-
SISTING OF FIVE (5) NEW SINGLE FAMILY DWELLINGS
PLUS ONE (1) EXISTING SINGLE FAMILY DWELLING
UNIT FOR A TOTAL OF SIX (6) DWELLING UNITS IN
SIX (6) STRUCTURES, ZONED R-1 (ONE FAMILY).
(Here follows body of resolution, omitted here and on
in the. Office of the City Clerk).
file
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES:, Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr,
Mayor Maurice A. Ferre
NOES: None.
Mayor Ferre: Yes,, is there, anybody here on seven?
Mr. Davis: Seven was passed.
Mayor Ferre: oh, we passed seven? Did we pass seven.
Mr. Davis: It was deferred.
Mayor Ferre: Oh, it was deferred. Alright, is anybody here on eight?
Mrs. Gordon:
Did we do. three? Did you miss three?
Mayor Ferre: No, we passed... I'm sorry there wasn'
Rose. We will come back to it.
Mrs. Gordon: Oh.
Mr. Plummer: There was no one here to... the public.
Mayor Ferre: To be for or against it, yes. So we passed six, you are here
objecting on seven. What's your objection?
8,
,`anybody here on three
17. FIRST READING ORDINANCE: Grant Application by Metropolitan Dade
County for change of zoning -101/165 W. Flagler Street, from C-4
to GU and GRANT APPLICATION TO CONSTRUCT/OPERATE LIBRARY, ART
MUSEUM AND HISTORICAL MUSEUM at 101-165 W. Flagler Street.
Mr. Jaffer: I'm here on 8. I missed this...
Mayor Ferre: I mean on 8.
Mr. Jaffer: ... when it went in front of the Planning Advisory Board. I'm
very sorry I did, but I'm bitterly opposed to the moving of the library from
Biscayne Bay or from Bayfront Park, excuse me. I think it's unique among
almost every city in the Country to have a library that is this well in tune
with it's surroundings and is a ver; nice setting for a library. And the placing
of the library in this Government Center which kind of forces the development
gl
87
f+r P. a; l' lent
of Government Center to further proceed on the Rapid Transit which to me
isn't on very firm grounds at this point. I don't see it suitable and
especially in the middle of what would be a thriving district like this,
I don't think it's suitable for a library which it is very necessary to be
-'quiet and have some amount of aesthetic value also for the historic....
Mayor Ferre: Alright, thank you, for your comments. Any further,...
Mr. Davis: May I; explain this item a bit?
Mayor Ferre: Not really, unless it's necessary to go into a big... the
question is very simple, do we want to have the library...
Mr. Davis: Just very, very quickly on why the withdrawal on Item C, if I
may Mr. Mayor.
Mayor Ferre: On Item ,C, we are on Item 8A.
Mr. Davis: I know, but 8C is connected with the whole thing. In the.
Mrs. Gordon: It's withdrawn on our agenda.
Mr. Davis: Pardon me:
Mrs. Gordon:
It's withdrawn.
Mayor Ferre: He is explaining it, he is explaining the withdrawal.
Mrs. Gordon: Oh.
Mr. Plummer: It's withdrawn on the agenda.
Mayor Ferre: Go ahead.
Mr. Davis: It's the Planning Department's wishes to withdraw this because
there is a plan in foot now which has not been completely agreed to, that 2nd
Avenue be rerouted to encircle the Government Center and this is written into
your resolution on B at this point. So you have''a letter to this effect in
your package and I'm just reminding you of if.
Mayor Ferre: Alright, thank you, sir.
Mr. Plummer: Well, wait a minute. Is 8A or B addressing itself to the
closing of 2nd Avenue?
Mayor Ferre:
Mr. Davis: No, sir it does not.
r.,Plummer: Ok.
Mayor Ferre: Alright, on 8A Dennis, I know you and I know all of you:.are
tired, so we...
Mrs. Gordon: I'll move it.
Mayor Ferre: If you want to show us the pictures... why don't you put the
pictures so we can look at it on your way out., Alright, it's been moved by
Mrs. Gordon and seconded by Father Gibson...
Mr. Plummer: I have a question of legality only.
Mayor Ferre: This is 8A.
Mr. Plummer: Bob,' it was my understanding that all of Downtown was zoned C•
Mr. Davis: East of this area. This is in the C-4 area.
Mt. Plummer: Ok,
Mt. Davis: As you can see on the map up here.
gl
Mayor Ferre: It looks like Florence.
Mr. Davis: East of the railroad is C-3.
Mayor Ferre:
Alright,further discussion
call the roll on 8A please.
Mr. Plummer: Dennis, on the record, if you would, justso there will: beno
question at a later time. The -property, where the existing library is will
be deeded or will be fully given back to the City?
Mr.::Dennis: That is correct. Dade County,does not own the library, we lease
it for one. dollar a year until such time as We vacate it at which time that
property goes back to City of Miami.
Mr. Plummer: Well, now the difference I'm assuming for the record that you
are planning on vacating the ininute this one is open?
Yes, Sir we are.,
You are not going to operate two facilities.
. Dennis:- Noway.
Mr., Plummer:
Mrs, Gordon:
Alright, sir.
the time table on this one for completion?
.:Dennis: We are talking about breaking ground about, the` first of:October
with a construction period of about eighteen months.
I hope you invite Us.
Approximately two.. years.
ou will be invited.
Further discussion in eighteen months,
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY CHANGING THE ZONING
CLASSIFICATION OF BLOCK 114N, MIAMI (A. L.
KNOWLTON) (B-41), BEING APPROXIMATELY 101-165
WEST FLAGLER STREET, FROM C-4 (GENERAL COMMER-
CIAL) TO GU (GOVERNMENTAL USE DISTRICT), AND
BY MAKING THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP, MADE A PART OF THE 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
PROVISION.
Was introduced by Commissioner Gordon and seconded by Commissioner Gibson`.
and passed on its first reading by title by the following vote:
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
The City Attorney read the ordinance into.;the public record and
announced that copies were available to'the members: of the City Commission
ands to`the public.
81
FOR 3 0 194
Mayor Ferre: On 8B?
Mrs. Gordon: T move "B".
Mayor Ferre: Mrs. Gordon moves.
Rev. Gibson: Second.
Mr. Lacasa: Second.
Mayor Ferre: Gibson seconds, further discussion on the resolution, call the
roll on 8B.
The following resolution was introduced by
its adoption:
Commissioner
RESOLUTION NO. 79-302
Gordon, who moved
A RESOLUTION GRANTING APPROVAL OF GOVERNMENTAL
USE TO CONSTRUCT AND OPERATE CERTAIN CULTURAL
FACILITIES, AS HEREINAFTER SET FORTH, PER
ARTICLE XXI-2, SECTION 3 (1-2), OF THE CITY
COMPREHENSIVE ZONING ORDINANCE, ON BLOCK 114N,
MIAMI (A. L. KNOWLTON) (B-41), BEING APPROXIMATELY
101-165 WEST FLAGLER STREET, PROPOSED TO BE RE-
ZONED FROM C-4 TO GU; SUBJECT TO LANDSCAPING,
SITE AND DEVELOPMENT PLAN APPROVAL BY THE PLANNING
DEPARTMENT; AND SUBJECT TO THE TERMS AND CONDITIONS
AS HEREINAFTER SET FORTH.
(Here follows body of resolution, omitted here and'on
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed
adopted<by the;following:vote:"
AYES:.
NOES: .`None.
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
Mr..Jaffer: I just don't think you are taking the aesthetic beauty of
old library very seriously and I don't appreciate .it.`
file
and>
that
Mayor Ferre: Well, we are going to leave it there. and.you,are going to be
happy with what we are going to do with it. Alright, now we are, on Item #9.
Is there anybody here on 9? Anybody hereon 9?
Mrs. Gordon: Move 9.
Mayor Ferre: Well, we will come back to it Rose.
'18. Grant continued application for drive-in tellers at 1920 S.W. 27th
Avenue - AMERICA'S BANK.
Mayor Ferre: Is there anybody here on 10? Alright, Dr. Pajon, I'm
sorry we had to make you wait another hour, but you know how it is.
Mr. Davis: Mr. Mayor, this has been a routine review by the Commission of
this drive-in teller for a year for each year.
Mayor Ferre: Is there anybody hone who objects?
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90
'A P R 3 0 197a
Mr. Plummer: No, i hive no objections. Mr. Mayor, I think they have been a
good tenant, they have no problem in the fore years, i would like to with
draw the annual renewal from this. They have got a four year history..
Mr. Lacasa: I second.
Dr. Pajon : Well, that was going to be my
because it has been there for five years.
Mrs. Gordon: Ok, I have a motion on thetable.'
motion or you want to make a separate motion?
Mr Plummer:' Rose
annual renewal.
position, to make it permanent
Do you want
o add that to the
just... you know, authorship is yours just remove the
Mayor Terre: Alright.
Mrs. Gordon: .Ok, is there any objection on doing that from the Building Department.
Dr. Pajon: No, they recommended it:
Mr. Davis: The Building Department has
Gordon.:
recommended it
each year, Ma'am... Mrs.
Mayor Ferre: The question here is that Mrs.. Gordon is moving it as recommended
by the department which is for one year and Mr. Plummer wants to remove it
period.
Mr. Plummer: Based on their history.
Mrs.
have
Gordon: Well, what objection would the Building Department have if they
a .four year history of being ok, I would like to hear from you?
Mk. Williams:
Mrs. Gordon:
Mr.Plummer
(NOT USING THE MIKE).
What did you say?
Bless you son.
Mayor Ferre: He agrees with Commissioner Plummer.
Mrs. Gordon: Ok, you recommend then that we remove the annual renewal,
Ok, that's included.
Mayor Ferre: Mrs. Gordon moves, Father Gibson or Lacasa seconds, further
discussion on the resolution and this is without appeal on Item 10. In other
words, you don't have to come back every year. Call the roll.
The following resolution was introduced by Commissioner Gordon,
its adoption:
RESOLUTION NO. 79-303
A RESOLUTION AMENDING RESOLUTION NO. 74-572 PASSED AND
ADOPTED JUNE 27, 1974 ENTITLED "A RESOLUTION GRANTING
A CONDITIONAL USE AS LISTED IN ORDINANCE NO. 6871,
ARTICLE XI, SECTION 1(5)(b), TO PERMIT DRIVE-IN TELLERS
TO BE LOCATED ON LOTS 1 THROUGH 8, BLOCK 3, PARKSDALE
SUB (14-36), LOCATED AT APPROXIMATELY 1920 SOUTHWEST
27TH AVENUE, AS PER PLANS ON FILE, SUBJECT TO SITE PLAN
REVIEW BY THE PLANNING DEPARTMENT, ON CONDITION THAT
NO 24-HOUR FACILITY BE ESTABLISHED ON SAID SITE; SAID
USE TO REMAIN FOR A PERIOD OF ONE YEAR AFTER ISSUANCE
OF A CERTIFICATE OF OCCUPANCY; DRIVE-IN TELLERS TO
BE IN CONJUNCTION WITH THE AMERICAS BANK, LOCATED AT
2270 CORAL WAY; PROPERTY ZONED R-C(RESIDENTIAL OFFICE)"
BY DELETING THE REQUIREMENT FOR ANNUAL RENEWAL.
right?`
who moved
APR 3 0 gm
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91
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Lacasa, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None.
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
19. FIRST READING ORDINANCE: Change zoning classification location
located 1301-N.W. 27th Avenue from R-4 to C-4.
1.
Mayor Ferre: Item 11, is there anybody here on 11? You are here on 11?
Alright, this is first reading an ordinance, application by Wheel -Walker to
change the zoning from R-4 to C-4. The Planning Department recommended
approval and the Zoning Department recommended approval seven to zero which is
unanimous. Are there any objectors? Any objectors?
Mr. Davis: As you will note on the map Mr. Mayor, it's completing that block.
It gives them access through the bank.
Mayor Ferre: Yes. Alright, who wants to move it?
Mr. Lacasa: I move it.
gl
'APR 3 0 1$7$
92
Mayor Ferre: All right, it's been moved by Laces, seconded by Gordon, read the
ordinance.
WHEREUPON the City Attorney proceeded to read the Ordinance into the.
Public Record.
Mayor Ferre: All right, call the roll.
ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING
CLASSIFICATION OF W29.98' OF E177.93' OF TRACT "A", SHADY OAKS
(4420), BEING 1301 N.W. 27TH AVENUE, FROM R-4 (MEDIUM DENSITY
MULTIPLE) TO C-4 (GENERAL COMMERCIAL); AND BY MAKING THE NECES-
SARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF THE 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
PROVISION.
Was, introduced by Commissioner Lacasa and seconded by Commissioner
Gordon and passed on its first reading by title by the following vote:
AN
AYES:
Commissioner Rose. Gordon
Commissioner (Rev.) Theodore R. Gibson
Commissioner Armando Lacasa
Vice ,Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
20. Extend conditional use and variance located at
1101 South Miami Avenue.
Mayor Ferre: Anybody here on 14? Are you here on 14? All right, sir. A Resolu-
tion requested by Gary Sizzler to extend the conditional use which granted and
established the restaurant at 1101 So. Miami Ave. and a Resolution to extend the
variances on yards and waiver of parking at 1101 So. Miami Avenue. Are there any
objectors to that? What does the Department say?
Mr. Davis: Department is in favor.
Mayor Ferrer' Are there any objectors or problems with that? All right, moved
by Gibson, seconded by Lacasa, further discussion on item 14, call the roll.
93
'DR 3 0 194
�(A) EXTEND CONDITIONAL USE WHICH GRANTED AND ESTABLISHED
THE RESTAURANT at'1101:So.'MIAMI AVENUE.
The following resolution was introduced by Commissioner. Gibson
adoption:
RESOLUTION NO. 79-304-A
A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE CONDITIONAL
USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE XI-3, SECTION 1(7)(e),
TO PERMIT THE ESTABLISHMENT OF A RESTAURANT ON ALL OF BLOCK 87S;
MIAMI (B-41), BEING 1101 S. MIAMI AVENUE, AS PER PLANS ON FILE;
ZONED R-C-1 (RESIDENTIAL -OFFICE -COMMERCIAL). THIS PETITION IS IN
CONJUNCTION WITH VARIANCE PETITION WAIVING 50 OF 50 REQUIRED OFF-
STREET PARKING SPACES, AS PER PLANS ON FILE; ZONED R-C-1 (RESIDENTIAL -
OFFICE -COMMERCIAL), GRANTED BY ZONING BOARD RESOLUTION NO. ZB 192-78.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Lacasa, the resolution was passed an
adopted by the following vote:
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R.
Commissioner Rose Gordon
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
None.
(B) EXTEND VARIANCES ON YARDS AND WAIVER, OF PARKING AT
1101 SO. MIAMI AVENUE.
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 79-304-B
A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE VARIANCE AS
LISTED IN ORDINANCE NO. 6871, ARTICLE XI-3, SECTION 4(1) AND
ARTICLE XXIII, SECTION 4, TO PERMIT A RESTAURANT ON ALL OF BLOCK
87S, MIAMI (B-41), BEING 1101 S. MIAMI AVENUE, WITH FRONT YARD OF
2.5' (10' REQUIRED), AND WAIVING 50 OF 50 REQUIRED OFF-STREET
PARKING SPACES, AS PER PLANS ON FILE; ZONED R-C-1 (RESIDENTIAL -
OFFICE -COMMERCIAL); IN CONJUNCTION WITH CONDITIONAL USE APPLICATION
APPROVAL GRANTED BY ZONING BOARD RESOLUTION NO. ZB 193-78.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Lacasa, the resolution
adopted by the following vote:
AYES: Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre.
rAPR 3 D 193
21. Authorize one-year extension of Development Order -
"CLAUGHTON ISLAND".
Mrs. Gordon: I'll move 16.
Mayor Ferre: Is there anybody here on 16? All right, authorizing a one-year
extension of the Claughton Island Development Order. Planning Department recom-
mends. Mrs. Gordon moves, Father Gibson seconds. Are you. opposed? (INAUDIBLE
RESPONSE) All right-, Mr. Jaffee, we'll hear you. You are against Claughton
Island?
Mr. Joel Jaffer: Yes, very bitterly. It's a...
bitter.
Mr. Jaffer: Well, it seems that this Island is a way to circumvent the natural
boundaries in zoning that are created by the bay and the hundreds of years in
development of the zoning leading up to the bay providing a bayshore development
and then you go ahead and build this island. You are going to be setting a pre-
cedent which will eventually just move the bay further out, you know, land fillings,
build more high-rises all up and down the bay so all the trouble that we've been
through, all the fights that we've lost and conceded, you know, just simply we
save the bayshore to some extent, all of this is going to be for nothing and I
don't want to go into all the traffic problems, environmental problems, and other
problems of this island, and it would be a beautiful way -that I can see- to kill
this thing right now by not granting this extension of the development. I realize
it is rather selfish but it would be nice.
Mayor Ferre: All right, Mr. Jaffer. thank you. Call the roll, please.
Mr. Plummer: Well, I hate to throw a clog at the wheel, but the way this thing
was in 1975 when it came before this Commission was rather large in scope.. and
it was my understanding that even the developers have hence reduced the scope.
Is this an extension of 75?
Mayor Ferre: Sure. We are extending what we previously approved.
Mr. Whipple: It is an extension of the approval even though we have -full knowledge
that you are correct and the scope of the development originally approved is ,undet.
going surveillance and is being reduced, it will be lesser in scale -number of
units, square footage and traffic therefor, than it was before.
Mr. Plummer: Are you recommending this?
Mr. Whipple: Yes, sir, we are.
Mayor Ferre: Further discussion, call the roll.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 79-305
A RESOLUTION AUTHORIZING A SECOND ONE YEAR EXTENSION OF THE
DEVELOPMENT ORDER AUTHORIZED BY CITY COMMISSION RESOLUTION
NO. 75-135.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner
Gibson, the resolution was passed an
95
mh
-PT PR 3 0 19T9
adopted by the following vote:
AYES: Commissioner Armando Lacesa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Vice Mayor J.;`L. Plummer, Jr.
Mayor:Maurice A. Ferre
NOES: NONE.
Mayor Ferre: Is there anybody here on 17? ..Are you here on 17?...Well, hold on,
because you are here on all of these things, we'll be with you in a moment.
Mrs. Gordon: These are plats.
Mr. Jaffer: 'I'm talking about 16 was--thisever brough
Advisory Board, this extension?
Mr. R.Whipple: Extensions are not required to be brought back before the Planning
Advisory Board, the legislation requires they only be brought to the City Commission.
up before the Planning,
22. ACCEPT PLAT: "DeWITT SUB" - located at S.W. 22 Avenue
and Dixie Avenue.
Mayor Ferre: Is there anybody here on 19? You are here on 19. Resolution
accepting the Plat entitled "DeWitt Sub" located at S.W. 22nd,
South Dixie,
the Plat Committee recommends. Any objectors? Any problems?
Mr. Plummer: Is this in accordance,
old Church property.
Mr.
Bob, with what we...I assume
Bob Davis:, Yes, sir, the old Church property.
this is the
Mr. Plummer: And I'm assuming that this Plat coincides with that agreement
worked out between the Commission and the developer.
Mr. Davis: Yes, sir, it is shown in._your Plat.
Mrs. Gordon: I have a question on that for information purposes. If the line
that appears on the Plat -and I'm not sure- the property that originally was the
City's property and traded for the other, are the number of square feet on that
trade the same.
Mr. Davis:, The Public Works Department worked this out for us, which was
transmitted to the developer on this, and supposedly it is the same.
Mrs.;Gordon It is the same.
Mr. Davis: Yes.
Mrs.` Gordon: Okay, then the number of square feet that we traded which was the
intent of this Commission has been fulfilled.
M
h. Plummer: Well, Rose,
workedthat's
outwhy
betweenasked
thetCommissionbroader
andsense,
developer, the
the compromise that wa
answer was "yes".
Mrs. Gordon: Look at the Plat, you can't tell because nothing on here tells you
how much this Plat was City.
1979
.:Plummer*
I think Mr. Lacasa would like to move this.
Mr. Lacasa: I move it.
Mayor Ferre:
Mrs. Gordon:
I think he has
a conflict he camein as the
Mayor Ferre: Mr. Lacasa
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr.Plummer: No, no Mr.Mayor, I was telling Mr. Lacasa, may be the CYA
;�;
didn't he one time represent this developer or, this person...
. is this the..
Alright, we are on 19?
a conflict, don't you? I said Ithink he has
attorney on this case if you remember:_
moves who seconds?
r.' Lacasa: No, this is the.
Mt. Davis: It's a different
Mr. Plummer: Well
Mrs. Gordon:` Yes,, yes, my friend you better be careful.
Mr. Plummer: Get onthe record, that's...
Mr. Lacasa: Miriam? I: want a ruling from the Law Department.
Ms. Maer: Did you represent this developer?
Mr. Lacasa: No, I did not represent this developer, I` represented Southeast
Properties who was the owner of the. property.
Mayor Ferre: You represented the propertY owner? Alright,,. so I; think you
ought to abstain this you represented it.
Mr. Lacasa: I withdraw my motion and I abstain.,
developer
but it's the same property.
you bettergeton the record.
Rev. Gibson: I move.`
Mayor Ferre:
Mr. Plummer:
Mayor Ferrel
Father Gibson moves
I will second Mt. Mayor.
Plummer seconds,. further discussion, call the roll.
who seconds?
The following resolution was introduced by Commissioner Gibson
its adoption:
RESOLUTION NO. 79-306
A RESOLUTION ACCEPTING THE PLAT ENTITLED
DEWITT SUBDIVISION, A SUBDIVISION IN THE
CITY OF MIAMI, FLORIDA; AND ACCEPTING THE
DEDICATIONS SHOWN ON SAID PLAT; AND
AUTHORIZING JERK TOIRECTING THE EXECUTE CITY THE PLAT.
� MANAGER
AND THE CITY
(Here follows body of resolution, omitted here
in the Office of the City Clerk).
Upon being seconded by Vice -Mayor Plummer, the resolution was
adoptedby the;:. following vote:
AYES:
who moved
and on file
passed and
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
SAID 'OP,DINANCE WPS DESIGNATED ORDINANCE NO. 8928
NOES: None.
gl
9'7
- era
Mayor Ferre: Now, ladies and gentlemen on the Zoning agenda that starts
at 6 P.M., Items one thru nineteen is there any item that hasn't been heard
that has a member here other than Mr. Jaffer who wants to hear? Is there
anything else? Alright, now Mr. Logan are you ready?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Alright, well then we are going to go...
23. SECOND READING ORDINANCE: Change zoning Classification 183-
185 N.E. 80th Terr. from C-2 to PR.
Mrs. Gordon: How about number 3, let's move that one.
Mayor Ferre: Alright, now we are on Item 1i3.
Mrs. Gordon: Move.
Mayor Ferre: Alright, moved by Mrs. Gordon and seconded by, Father Gibson,
further discussion, call the roll. I have a question. Is that the same
location where the fair was held in Little River?
Mr. Davis: Where the what was, sir?
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD
Mayor Ferre: Ok, 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 PROPERTY LOCATED AT APPROXIMATELY 183-185 N.E.
80TH TERRACE, UNPLATTED, BEING S. 61.6' OF N. 226.6' OF E. 157' OF
S.E. 1/4 OF S.E. 1/4 OF N.W. 1/4, SECTION 12-53-41, LESS E. 15' THEREOF,
FROM C-2 (COMMUNITY COMMERCIAL) TO PR (PUBLIC PARK AND RECREATIONAL
USE); BY MAKING THE NECESSARY CHANGES IN THE DISTRICT ZONING MAP
MADE A PART OF THE 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 PROVISION.
Passed on its first reading by title at the meeting of March 8th, 1979,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Gordon, seconded by Commissioner Gibson, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
None.
98
APR 3 0 1974
24. Grant VACATIOIi/CLOSURE of N.E. Miami Court between N.E. 53th and 59t
St. - TP ##1020 - "LEMON CITY PARK".
Mayor Ferre: Alright, now we are on Item 119, requesting official vacation
and closure of N.E. Miami Court between 58th and 59th Street in Lemon City.
Mr. Ongie: We did 9.
Mayor Ferre: We did 9?
Ongie: Yes
Mr. Davis:
. Plummer:
Rev. Gibson: Move.
Mayor Ferre: Recommended approval by the Planning Department, the Board
recommended it unanimously seven to zero. Further -discussion?
Mr. Plummer: Mr. Mayor, I concerned that the Clerk is confused that we didn't
do 9... that we did do it and we did not and possible he has recorded the
wrong vote.
Mr. Ongie: Which item was it that we
one I'm...
Mr. Plummer: That's #10.
Mrs. Gordon: 10.
Mr. Ongie
Mayor Ferre:
Mrs. Gordon:
beg your pardon.
We are now on Item 119
Second.
Mayor Ferre: The Planning...
by Gordon, further discussion,
The following, resolution
its adoption:
removed the
annual renewal on, that's the
Alright, it's been moved by Gibson and
call the roll.
was introduced by Commissioner Gibson,
RESOLUTION NO. 79-307
seconded
who moved
A RESOLUTION OFFICIALLY VACATING AND CLOSING
N.E. MIAMI COURT BETWEEN THE NORTH RIGHT -OF -
LINE OF N.E. 58TH STREET AND THE SOUTH RIGHT-
OF-WAY LINE OF N.E. 59TH STREET, AS PER
TENTATIVE PLAT NO. 1020 - "LEMON CITY PARK".
(Here follows body of resolution, omitted here and
in the Office of the City Clerk).
Upon beingseconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote:
AYES:
NOES:
gl
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
on file
99
rr` 3 0 197,1
25. FIRST READING ORDINANCE: Amend Ordinance 6871, Article IV, Section
11.1 - "PRIVATE ROADS".
Mayor Ferre: On Item 12, first reading an ordinance, the Planning Department
application. The Planning Advisory Board recommends five to zero. Are there
any objectors here? Mr. Jaffer?
Mr. Davis: If I may explain again Mr. Mayor, this is an amended which were
recommended to the Plat Committee by the Fire Department which was subsequently
approved by the Plat Committee and approved by the Planning Advisory Board.
And it provides that a private road which is a hundred feet or less in
length can have a "T" type turn area instead of a Cul-de-Sac i— t s perfectly
satisfactory with the Fire Department and with the Sanitation people.
Mayor Ferree Mr. Jaffer?
Mr. Jaffer: Now, there is no doubt in mind that this is going to be used to
help subdivide more property in Coconut Grove because people can just put in a
short little road with a "T" turn around instead of a fifty foot wide Cul-de-Sac
circle and it will give them more lot space. Also I'm concerned about the
sixty day provision in the Zoning Ordinance because this was deferred quite a
while ago and if this is an ordinance may be that doesn't apply. But isn't there
some between the Zoning Board and the City that has to get done within so much
amount of time?, because this was a long time ago that this was in front of
the Plat Committee.
Mayor Ferre: Anybody want to answer that?
is the Legal Department?
Mt. Plummer: Where
Mr. Davis: There, is,no problem in our opinion Mr. Mayor, the deferral was at
the Board level, mot in getting to the Commission where there is a time
stipulation.
Mayor Ferre:
Alright.
Mr. Jaffer: It was deferred in the. Commission or was it withdrawn? January
22nd I. believe.
Mayor Ferre: Is there somebody that wants to move Item 12? Plummeryou want
to move 12?
Mr. Plummer: Yes,. fine.
Mayor Ferre: .Plummer moves, Lacasa seconds, further discussion, call the
on Item 12. Alright, further discussion, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
AS AMENDED, THE COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY OF MIAMI, BY AMENDING
ARTICLE IV, GENERAL PROVISIONS, SECTION 11.1,
PRIVATE ROADS, BY ADDING A NEW SUBSECTION
(4-A) TO ALLOW A "T" TYPE TURNING AREA;
REPEALING ALL ORDINANCES, CODE SECTIONS,
OR PARTS THEREOF IN CONFLICT INSOFAR AS
THEY ARE IN CONFLICT, AND CONTAINING A
SEVERABILITY PROVISION.
Was introduced by Vice -Mayor Plummer, and seconded by Commissioner'
and passed on its first reading by title by the following vote:
gl.
roll
Lacasa
.100
APR 3 0 1979
AYES:, Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr
Mayor Maurice A. Terre
NOES: Commissioner Rose Gordon
ABSENT:
None.
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.
26. FIRST READING ORDINANCE: Amend Ordinance 6871-Correct spacing
formula for building siting in the SPD-1 Central Island District,
Article XXI-3, Section 10.
Mayor Ferre: On Item 13?
Mr. Whipple: Item 13 is really correcting an editorial error that was originally
written in this article, it corrects the formula.
Mayor Ferre: Any objectors?
Mr. Plummer: Move it.
Mayor Ferre: Alright, who moves?
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves...
Mrs. Gordon: Which one are you on
Mayor Ferre: 13.
Mrs. Gordon:
Mayor Ferre: And who seconds?
Mr. Lacasa: Second.
Mayor Ferre: Second by Lacasa, further discussion?
Mrs. Gordon: I need to have a question answered on that.
this all. about?
Mr. Whipple: It. is a correction error in setting, up type and in the typing
process. I will have` to read now to get it correct. It stated "2S L and the
correction should have been...
Mrs. Gordon:` Just a typographical,
Mr. Whipple: The 2 was. inadvertently admitted, .I'm sorry. Tne
of the original and this occurred in the drafts, it occurred...
A typographical error
Gordon: Ok,`alright.
Mayor Ferret
Mrs.
Mayor Terre;.
the roll.
gl
Alright, further' discussion, read the ordinance. Alright, call
0;>197
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY CORRECTING THE SPACING FORMULA FOR
BUILDING SITING IN THE SPD-1, CENTRAL ISLAND
DISTRICT, BY DELETING PARAGRAPH (a), SUB -SECTION
(6), SECTION 10, ARTICLE XXI-3, SPD-1 CENTRAL
ISLAND DISTRICT, AND IN LIEU THEREOF SUBSTITUTING
A NEW PARAGRAPH (a), AS HEREINAFTER SET FORTH; BY
REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS
THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY
PROVISION.
Was introduced by Vice -Mayor Plummer and seconded by Commissioner Lacasa;.
and passed on its first reading by title by the following -,vote
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: 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.
27. ACCEPT PLAT: "BALDWIN BLUFF" located at 3700 Douglas Road.
Mayor Ferre: On Item 17, accepting of a Plat on Baldwin Bluff. The Plat
Committee recommends. Any objections?
Mr. Jaffer: My objection is the same as the other one. I don't think this
was presented less than sixty days ago because I have been to the last three
monthly meetings of the Plat Committee and this hasn't been on there.
Mr. Davis: There is, no limitation in the legislation about... between the
time when a Plat is approved by the Plat Committee, the Zoning Board and the
City Commission.
Mayor Ferre: Alright,...,
Mr. Lacasa: Move.
Mr. Jaffer: Isn't it a maximum of four weeks between the approval
Board and Department of Public Works approval and then the...
Mr. Davis: Not as far as I know.
Mayor Ferre: Not on Plats. Further discussion? Mr.
second?
Mr. Plummer:
Mayor Ferre:
gl
Second.
Seconded by Plummer, call the roll on 17.
.1.02
7 0 1979
was introduced by Conaatasioner Laces*, who molted:
RESOLUTION NO. 79-308
A RESOLUTION ACCEPTING THE PLAT ENTITLED
BALDWIN BLUFF, A SUBDIVISION IN THE CITY
OF MIAMI, FLORIDA; AND ACCEPTING THE
DEDICATIONS SHOWN ON SAID PLAT; AND
ACCEPTING THE COVENANT TO RUN WITH THE
LAND POSTPONING THE IMMEDIATE CONSTRUCTION
OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY
THE DEPARTMENT OF PUBLIC WORKS; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER
AND THE CITY CLERK TO EXECUTE THE PLAT.
(Here follows body of resolution, omitted here
file in the Office of the City Clerk).
Upon being seconded by Vice -Mayor Plummer, the resolution was passed an
adopted by the foliowing vote:
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
28. ACCEPT PLAT:
"CARONI PARK" - W. Flagler and 71st Avenue.
Mayor Ferre: On 18, on Caroni Park Plat, recommends by the Committee. Who
moves?
Mr. Plummer: Let me ask a question. What proposed to go there? You got a
map on that?
UNIDENTIFIED SPEAKER: Yes, sir, it should be in your file.
Mr. Davis: You have the Plat Mr. Plummer.
Mr. Whipple: Not withstanding the matter of fact, but this is a Plat, it's
proposed to be a shopping center Commissioner Plummer. The preliminary plans
have been submitted to the Building Department and are in the process of review
at the present time. Zoning permits it and this Plat simply accomplishes the
platting of unplatted.
Mrs. Gordon: Mr. Whipple, it's got a peculiar shape in some places setback from
the street 67 feet others 46. Why does it deviate like that?
Mr. Whipple: Well, as you know this is a very busy intersection. This is to
accommodate the acceleration lanes and additional traffic movements needed for
that intersection.
Mrs. Gordon: Oh, ok. Alright.
Mayor Ferre: Further discussion?
Rev. Gibson: Move.
Mayor Ferre: Moved by Gibson
gl
1a79
Mayor Ferre: Seconded by Lacasa
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 79-309
A RESOLUTION ACCEPTING THE PLAT ENTITLED
CARONI PARK, 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 EXEXUTE THE PLAT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner Lacasa, the resolution was passed and
adopted by the following vote:
AYES
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson.,
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
(PLANNING & ZONING PORTION OF THE MEETING WAS ADJOURNED).
Mayor Ferre: Now, as I see we have now completed the formal City Commission
session of Planning and Zoning which bring us back to the afternoon session.
Now, let's see how quickly we can go through that stuff and get the heck out
of here. We are now on Item #17...
29. Authorize and direct City Manager to fund three (3) ADDITIONAL
POSITIONS IN THE OFFICE OF THE CITY CLERK, on a 5-month funding
basis, to the end of the current Fiscal Year.
Mrs. Gordon: I got to ask you if we could take this up or do you want to
finish everything else and do it, but I'm curious about the reason why the
Clerk's Office is so short handed. And I have a memorandum, you know, indicates
that there is really a serious problem in putting out the work load. Do you
want to talk about this now or do you want to wait until we finish everything
else?
Mayor Ferre: Alright, is it going to be a long item?
Mks. Gordon: No, I would like to move approval of the request that has been
asked of us tofund the two Clerk II positions and one Clerk Typist III. Is
thatwhat this is intotal?
Mr. Ongie: Yes, Ma'am. Ihave already lost one of my CETA people.
Mrs. Gordon: I know you have and I know that,we demand that you give us good
•
minutes and I understand that, you know, you can't take blood from a -stone. So
I would so move.
Mayor Ferre: Alright,; Mrs.
gi
Mr. Plummer: Mr. Mayor ,°I'll second,
coming from.
Mr. Grassie: Mr. Mayor and members
but have to know where is the one
of the City Commission,...
Mrs. Gordon: The $25,000 we are not going to use to clean up or to do whatever.
the fancy job that was being asked of us here in City Hall.
Mr. Grassier ... the City Clerk's Office is in the same circumstance as every
other City Department. They are all short handed and before the end of the
year they are going to be more short handed and when we go into next year's
budget it's going to be even tighter. I would suggest to that this case like
every other department that comes into me most every week asking for some kind
of relief that needs to be treated in the context of our overall budget review.
Mayor Ferre: I think that's right.
Mr. Plummer:. Well, let me ask this question.
Mr. Ongie, as I understand-- and
I'm all for you, you need the help,I agree-- your concern Mr. Onaie as I understana
it is that you are going to lose two CETA people.
Mr. Ongie: Ihave already lost one and I'm probably going to other one.
Mr Plummer: Ok, alright.
lose.the
Mrs. Gordon: And it also affects the microfilming that,you know, we are already
into it and.
Mr. Ongie: That's right, the microfilm project will come to an end if I lose
this other person.
Mrs. Gordon: So you know, we are really just kidding ourselves. We talk about
spending $25,000 more doing beautiful things around here and I find it absolutely -
I'm sorry Ralph. I'm so aggravated when I hear us throwing money away like
beautiful picture windows. I'm sorry Lacasa, it's your window, but I object to
that beautiful window...
Mr. Lacasa: Rose, that's so petty of you.
Mrs. Gordon: ...and I object to the fact that we are not funding him.
I also
object to the fact that he has never received reimbursement on his car expense
and he was supposed to receive that. Actually the Clerk does work for the
Commission and we as Commissioners are obliged to take care of those persons
to whom we are... who answer to us. The Manager does, the Clerk does and the
Law Department does and I don't understand why some are treated with kid gloves
and some are treated like step children.
Mayor Ferre: Well, you know, the only problem that I have with that...
Mrs. Gordon: I'm aggravated, I'm sorry.
Mr. Plummer: I want a picture window.
Mayor Ferree Wait a minute. The only problem that.I have, with that is frankly don't don't know what in the worlda four or five hundred dollar picture
window or glass or whatever you want to...
Mrs. Gordon:
Mayor Ferre:
Mrs. Gordon:
Mayor, Ferre:
$6,000
Mr. Mayor.
$6,000 for that glass window?
Yes,
sir.
How much did the glass window cost?
Mrs. Gordon: $5800.
Mr. Plummer: $59,563.
Mayor Ferre: It couldn't have possibly, cost S59,000
105
;�'r k 3 0 19!1
Mrs. Gordon: Yes,: Mr. Mayor, you are a man who is acquainted with buildings.
r. Grimm: The glass window was in the neighborhood of $1500.
Mayor Ferre: How much?
Mrs. Gordon:
Mr. Grimm: Mrs. Gordon, don'tconfuse the... do not, confuse the window with
the ceiling and the carpets and the walls and the office and the air conditioning.
The window cost about $1500.
Mayor Ferre: And I frankly don't see what the heck that's got to do with the
microfilm equipment' or Ralph Ongie.'s...
Mr. Plummer: I want a picture window.
How much? Mr. Grimm?
Mrs. Gordon: Becausewe are penny wise and pound foolish, that's why.
Mr. Plummer:' I ain't got a picture window.
Mrs. Gordon: We like to wear fancy clothes and duddie around and really show
ourselves off how great we are, we are Commissioners and at the same time the
necessary work that has to be done in this City Hall is just, you know, that's
not important the Clerk doesn't need any help, you know.
Mr. Plummer Now, Mr. Ongie, may
Mr. Ongie: Yes, sir.
I get'back to my pursual, sir?
r. Plummer: Alright, sir. ' You have
;r. Ongie: Yes, sir.
lost one CETA employee?
Mr.' Plummer: Alright, sir. Now, can I suggest that- I'm not going to let you
want -.;but at -this time that we fund you to that one CETA position to fill it
with permanent and at such time as your other CETA employee is lost, that you
come back and we will fund that. Now, is that unreasonable, sir?
Mr. Ongie: It's just that I don't want to lose this other employee, I've got
two years of training into him and we are kidding ourselves if we think that
we can continue that microfilm program with CETA in the future because at the
level that I'm going to be getting people for $7,020 or whatever it is there is
no way I can get people that are qualified to do that job.
Mr. Plummer: But Mr. Ongie isn't it also true that, that person presently is
being paid by CETA and if we put that person on permanent, we lose the CETA
money?
Mr. Ongie: There is a provision whereby he can be put on permanent and be paid
under CETA with transitional funds with the approval of the Manager, for six
months.
Mr. Plummer: Is that true?
Mr. Grassie: Commissioner, first, yes it is true that there is a transitional
provision in the CETA and it can be used. It is also true that I do not want
to encourage twenty departments to come to the City Commission asking for a
position every time they think they have a problem. Now, we are in the process
now on a preliminary basis of attempting to find a solution to a problem with
runs literally into the millions of dollars. Every decision that we make in
the short run is not a decision to provide twenty or thirty thousands this
year, that's easy. The question is whether or not you are providing positions
which you are going to be required to lay-off the first of October, that's not
intelligent. Now, what we have to do is first treat each program fairly in
conjunction with the overall money problems of the City. It's unreasonable to
bring up this kind of a question dealing with a small problem of one department
and ignore the fact that I'm in the process right now of asking the Police
Department, for example to make more than a million dollars worth of savings.
You know, it's just not intelligent.
Mrs. Gordon: I wonder how many economies you are going to affect in your
moutimmuumn
106
"APR 3 0 104
department, Mr. Grassie. You even stated and in writing that you were going to
replace Mr. Crumpton because you have to havethat many assistants andoassingstants
to the assistants and I'm wondering how much belt tightening you
do. I'm going to be watching you closely.
Mr. Grassie: Well, we will tighten our belt at least as much as you do in your
office Commissioner.
Mr. Plummer:
Mayor Ferre
Mrs. Gordon: Say it again
Say it again Mr. Grassie.
Mr. Grassie: What I said Commissioner was that we are going to be tightening...
on a percentage basisve are going to be making reduction in my office or
at least as much as you make in your office.
Mrs. Gordon: Yes,,well youshow me how you can cut a half of a back en
one of my girls.:
Mr. Plummer:
Mrs. Gordon:'
physically.
Mr. Plummer:
will not touch that line with a ten foot pole.
only have one girl so you will have to take apart 0
Elaine can'
afford anything cut-off.
Mayor Ferrer' Alright,now, that's very nice.
Mr. Plummer Now, Mr. Ongie, may I still try to get my answer sir? I think
it's foolish if we can keep this person... when does this person CETA money run
out?
Mr. Ongie: My understanding is that the latest I could keep this person would
be September, but they... what they have done is the Manpower Office has developed
a list of all persons who are scheduled to be terminated in September, that's
how I lost one employee already. Any City department that has a vacancy under
Civil one,ethe,chancesother
are I willthis
loselist
theiotherfor
onegrabs.
I have got have
twoalready
years
lost
of
training into this person.
Mr. Plummer: What I'm saying is can't we keep him on CETA with the promise of
this Commission that the minute the CETA money runs out that we will pick him
up on permanent... I'm just hating to lose the CETA money.
Mr. Ongie: It requires the approval of the Manager.
off of
her off
Mr. Plummer: Fine.
Mayor_Ferre:
ow
Mr. Manager, -will you approve that?
can we...
Mr. Plummer: Joe, let me put it in more clearer terms. I!m-going to vote to'`
give"him the two people. -.Now,`you might as well know that and you might not
like it.` All I'm trying to do ,is not lose' the CETA money, that's all I'm trying
to save.
Mr. Grassie: Commissioner, what I would suggest to you is since you are going
to have, not this problem, but approximately a thousand. What I would suggest
to you is that this kind of decision be put off for at least about thirty
days by that time I would anticipate that we are going to have on a preliminary
basis a first look at what weexpect next year's budget to be.
Now, if you
t to make
e
yerasu testing,00fecourse,ythat ou tislthe nprerogative hofkanCity Commission.
d of decision that
yououaaree88
Mr. Plummer:
Mr. Grassie:
Mr. Plummer:
are going to
I understand.
But I would suggest that you do that with full information,
Alright, are you saying that within thirty days we the Commission
have a look?
Mr, Grassie: That is correct. I am not saying that you
printed budget? but what I'm saying is that you are going
overview of the circumstances of the City. The financial
gi 107
are going to have'a
to have a good full
circumstances sof
the
A0 1979
City and the kinds of decisions that we are going to be putting in front o
you as we go through the budget process.
Mr. Plummer:
So before June 1st?
Mr. Grassier Oh yes.
Mr. Plummer: Mr. Ongie, do you have anyfear that this individual will be
leaving prior to June 1st?
Mr. Ongie: Yes and I wouldn't blame him if he did. If he has got a chance to
be put on permanent staff instead of dangling which is what we are talking about
and he is going to do it which is the way I lost Isabel.
moved it Mr. Mayor and call the question.
Mrs. Gordon: I have
Mayor Ferre: Alright, we have a motion and a second, is there further discussion,
call <.the ' roll.,
The following resolution was introduced by'Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 79-310
A RESOLUTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO FUND THREE ADDITIONAL POSI-
TIONS IN THE CITY CLERK'S OFFICE IDENTIFIED
AS: TWO (2) CLERK II POSITIONS AND ONE (1)
TYPIST CLERK III POSITION, ON A FIVE MONTH
FUNDING BASIS, TO THE END OF THE CURRENT FISCAL
YEAR, WITH FUNDS THEREFOR BEING AUTHORIZED IN
THE FORM 4:)F A TRANSFER FROM PREVIOUSLY APPRO-
PRIATED rUNDS.
(Here follows body of resolution, omitted hereand on file
in the Office of the City Clerk).
Upon being seconded by Vice -Mayor Plummer, the resolution was passed anc
adopted by the following vote:
AYES:
NOES: ' None.
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr..
Mayor Maurice A. Ferre
Mayor Ferre: Alright, we are on Item 17...
Mr. Grassie: Just so" we understand it, what is the motion now and what is the
intent of the City Commission in this regard?
Mrs. Gordon: One Typist Clerk III and two Clerk II
to the end of the fiscal year.
Mayor Ferre:
Mr. Grassie:
it, that you
Mr. Plummer:
Mayor Ferre:
Mrs. Gordon:
Mr. Plummer
gl
For a total of $11,800.
Is it the position of the City Commission then, as I understand
for five months funding
want those three positions funded?
Correct sir.
That's exactly what this Commission voted on.
Correct.
For five months.
t108
'APR 3 0 1979
30. FIRST AND SECOND READING ORDINANCE: Amend Ordinance 8716- Establis
new project for West Trail View Highway Improvement.
Mayor Ferre: Alright, we are now on Item #17 which is an Ordinance of First
and Second Reading Amending Ordinance 8716 Capital Improvement Appropriations
by establishing a new project for West Trail View Highway Improvement,
Preliminary Project Expense. The City Manager recommends. Is there any problem
with that?
Mr. Lacasa:
move it.
Mayor Ferre: Lacasa moves, is there a second?;
Mrs. Gordon:
Mayor Ferre:
Which one are you moving now?
17. Is there a second?
. Plummer: Second.
mayor Ferre: Seconded by Plummer,
Call the roll.
urther discussion
read the. ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO, 8716,
ADOPTED OCTOBER 26, 1977, AS AMENDED, THE CAPITAL IMPROVE-
MENT APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW PRO-
JECT FOR WEST TRAIL VIEW HIGHWAY IMPROVEMENT (PRELIMINARY
PROJECT EXPENSE); MAKING ADJUSTMENTS IN THE HIGHWAY G. 0.
BOND FUND; ANY BY ESTABLISHING A NEW PROJECT FOR. S.W. 22
STREET HIGHWAY IMPROVEMENT - PHASE III (DRAINAGE); MAKING
ADJUSTMENTS IN THE 1970 STORM SEWER GENERAL OBLIGATION BOND
FUND; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE AND DISPENSING WITH THE REQUIREMENT OF READING THE
SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -
FIFTHS OF THE MEMBERS OF THE COMMISSION.
Was introduced by Commissioner Lacasa and seconded by Vice -Mayor Plummer
for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing
with the requirement of reading same on two separate days by a vote of not less
than four -fifths of the members of the Commission -
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES:
Whereupon the
Vice -Mayor Plummer
AYES:
NOES: -None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE N0, 8929
The City Attorney read the ordinance into the public record and
that copies were available to the members of the City Commission and
available to the public.
Commission on motion of Commissioner Lacasa and
, adopted said ordinance by the following vote -
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R, Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
gl
1.09
announced
copies were
APR 3 0 1979
.;4 31. FIRST READING ORDINANCE: Amend Ordinance 8858- Increase
Appropriations Special Programs and Accounts - ELIMINATE RENTAL
PROPERTIES FROM ENTERPRISE FUNDS.
. �._ t... - . a
Mayor Ferre: Now, we are on Item 22 which is increasing the Special Programs
and Accounts Contribution Enterprise Fund...
Mr. Plummer: What does this propose to do?
Mayor Ferre: For rental properties.
Mr. Plummer: Yes, but
what does it propose to do? Why, are you transferring?
Mr. Jaffer: I have a point of order. Isn't there an ordinance saying you
can't do an emergency inotion on anything regarding public utilities and things'.
of that nature? I think it's in the nineties somewhere.
Mayor Ferre: Boy you have really been.reaniny.
Mr. Plummer: Excuse me, this is not an emergency ordinance.
Mayor Ferre: ` He is talking : about Item 17.
Mr. Jaffer: The one you just did.
It's not an emergency ordinance.
Mayor Ferre:, Item 17 is a first and second reading.
Mr. Plummer:;
Mr. Jaffer: Didn't you just do it on two readings?
Mr. Plummer: On two readings, but not an emgergency.;
four fifths vote.' Mr.' Knox, please?
Mayor. Ferre: Mr. Knox, is what we did legal?
Mr. Knox: Yes, sir.
Mayor Ferre: Alright, we are now on Item #22, amending ordinance... this is..
the question by Plummer. Mr. Manager, the question is why we have to change
from rental properties to enterprise fund?
emergency takes a ?
Mr. Grassie: This is simply an accounting change which is recommended by the
City's external auditors Mr. Mayor, Pete Marwick and Mitchell. •They have
suggested that we do this.
Mr. Plummer: But what does it do Mr. Grassie?
Mr. Grassie: It simply accounts separately for these funds. Rather than having
the revenues that we derive from rental properties which are basically the
restuarants. The two restaurants that we have on City owned property. Instead
of accounting for that money in the revenue funds which cover the Marine Stadium,
the Orange Bowl and so on, we now are going to account for those separately.
Mr. Plummer: Ok, fine.
Mr. Grassie: That's the only thing it does.
Mr. Plummer: Fine. I move it. The only reason Mr. Grassie, I brought this
up as you recalled there was a great amount of discussion last year during
budget time about enterprise funds and really what I wanted to hear was that
this addresses itself to that problem which was raised before and straightens
it out. That's really what I wanted to hear.
Mr. Grassie: It's part of it, it's part of it, yes.
Mr. Plummer: Alright, I move Item 22.
gl
:110
:APR 3 0 1979
Mr. Plummer:
moved by Plum:aer, .. .
Mayor Ferre .. seconded by Lacasa,
read -the ordinance.
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING SECTIONS 1 AND 6 OF ORDINANCE NO.
8858, ADOPTED SEPTEMBER 28, 1978, THE ANNUAL APPROPRIATIONS
ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1979, AS
AMENDED, BY INCREASING THE APPROPRIATION FOR SPECIAL PRO-
GRAMS AND ACCOUNTS, CONTRIBUTION TO ENTERPRISE FUND, FROM
RENTAL PROPERTIES, IN AN AMOUNT OF $258,602; BY INCREASING
ANTICIPATED REVENUES, SOURCES OTHER THAN AD VALOREM TAX, BY
THE SAME AMOUNT, THERBY ELIMINATING RENTAL PROPERTIES FROM
THE ENTERPRISE FUND REVENUES; AND BY INCREASING ANTICIPATED
REVENUES, ENTERPRISE FUND, CONTRIBUTION FROM GENERAL FUND,
IN THE SAME AMOUNT; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Vice -Mayor Plummer and seconded by Commissioner Lacasa
and passed on its first reading by title by the following vote:
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson.
Vice -Mayor J. L. Plummer, Jr..
Mayor Maurice A. Ferre
NOES: None.
The City Attorney read
ordinance
theinto
memberspublic
therecord
Commission
announced that copies were availableto
and to the public.
=32. BRIEF DISCUSSION: Withdrawal of consideration of Agreement between
MARINA INC. and East Coast Marine, Inc.
Mayor Ferre: Take up Item 30, is there any problems with this? Alright,
who moves Item 30? Mrs. Gordon?
Mrs. Gordon: I have a question because if he didn't lease this area out
for brokerage and he was doing the sales himself. How would our revenue be
determined?
Mr. Plummer: On 30 Mr. Grassie
Mrs. Gordon has asked a question.
Mr. Grassie: Mr..Grimm has just asked me
possibly, it has been.
whether or not this had been withdrawn,
Item 30?
Mayor Ferre: It was last time.
Mr. Grassie: I believe it may be again.
I'm really not sure.
Mr. Fosmoen, Item 30,•Grove
Mr.
Mr.
Grimm:
Plummer:.
(BACKGROUND COMMENT OFF THE PUBLIC. RECORD)
Mayor Ferre:
g1
It was withdrawn last time..
Key...
•
i
0 1979
Mr. Grassie: Apparently Gunderson is the person who has been negotiating on
this and he has asked that it be withdrawn for some further clarifications.
Mrs. Gordon: Apparently what?
Mayor Ferre: That it be withdrawn; alright.
Mrs...Gordon: The question then that I asked is still open for an answer
and the question was, that if Grove Key were operating the sales of boats
themselves and not leasing the space out to a brokerage firm, how would the
City's revenue be determined?
Mr. Fosmoen: Ten percent of gross Commissioner.
Mrs. Gordon: Of the' gross sale of price of the boat. Well, then why should""
we: approve this sublease and therefore cut our revenue down by ninety. percent?
Mr. Fosmoen: Two points, number one, if that were the case Grove Key hasnot
chosen for the last five to operate a brokerage facility. It simply is too
high a percentage on the gross sale of the boat.
Mrs. Gordon: But it seems like it's too low a percentage to get ten percent
on a commission basis of ten percent. In other words, it ought to be"a higher
percentage for the City. It certainly ought to be fifty, fifty if not more.
It should be more.
Mr. Fosmoen: I believe the way the document is presented to you the City
getting fifty percent of Grove Key's return rather than ten percent of ten
percent.
Mrs. Gordon:
Mr.Fosmoen
commission.
Which amounts to five percent of the...
o, no it does not amount to five Percent of the brokerage
Mrs. Gordon:. No, itamounts to five
percent of the sale of the boat.
Mayor Ferre: Mr. Fosmoen, since this matter has now been withdrawn would you
make sure that all of' Commissioner Gordon's questions are answered to. her and ,.
make sure that you send copies to allof us as to what the questions and answers
were.
Mrs. Gordon: I've got all my questions answered now. It's the short end of
the stick and it should not be permitted in my opinion, it should be.., the
subleases are not to the City's advantage.
Mayor Ferre: Well, at this point it's withdrawn, so whenever it comes up I
will recognize you for the purposes of opposing it.
•' 33. Amend Res. 78-497 - reallocate and redistribute cost of Burroughs'
CENTRAL COMPUTER SYSTEM.
Mayor Ferre: Now, we are on Item #32 which is revising and amending Resolution
78-497, reallocating and redistributing the costs of the Burrough's Central
Computer System, recognizing the costs of computer terminals to be purchased
by the various Departments. Any problems with that?
Mrs. Gordon: Question? Why isn't there a consolidation of all of the
computer systems withi.:i the City under one umbrella, one set of operators?
Why is it so, you know, scattered into so many segments Mr. Grassie?
Mr. Grassie: I presume that your conclusion that it is scattered comes from
the fact that we have different funding sources Commissioner.
Mrs. Gordon: No, not funding sources Mr. Grassie, separate operations. Why
isn't there a consolidation of the operations and I know it take time to program
gl
APR 3 0 1I7
LIU
it in. It would probably take a yearor may be more
whyisn't that an ultimate goal?
o`program them in, But
All the computers
Mr. Grassier It is both a goal and a actual practice.
are now located itt one place in police. Headquarters.
Mrs.' Gordon: Yes, but you know and I know that it's not being run efficiently
and you know that... well, you know more than I know about it, but you are not
talking.
Mr.Grassie: ;Commissioner, the question you asked was about the splitting up
of the operation. In fact it is not split up. If you are curious about the
reason, for this particular item on the agenda, it is simply to redistribute
costs between the Police Bond Fund and Fire Bond Fund.
Mayor Ferre: Alright, who moves 32? Anybody want to move 32?
motion on 32 one way or the other?
Mr. Plummer:
Mayor Ferre:
Mr. Lacasa:
Mayor Ferre::
left side of
The following resolution was introduced by Vice -Mayor Plummer, who moved'
move it.
s there a
Plummer moves...
Second.
its adoption:
Lacasa seconds, further discussion, this comes out of the"
the"Commission"call the roll.-
RESOLUTION NO. 79-311
A RESOLUTION AMENDING SECTION 2 OF RESOLUTION NO. 78-497,
ADOPTED JULY 27, 1978 ENTITLED "A RESOLUTION APPROVING
THE AWARD OF BID FOR ELECTRONIC DATA PROCESSING EQUIPMENT
AND SERVICES BASED ON EVALUATION OF PROPOSALS RECEIVED BY
CITY; AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH THE BURROUGHS CORPORATION SUBJECT TO THE
TERMS AND CONDITIONS OF THE BID SPECIFICATIONS AND
PROPOSAL AND NOT TO EXCEED $1,501,519, PLUS INTEREST IN
THE AMOUNT $310,199, ALLOCATED FROM THE POLICE BOND
FUNDS, THE FIRE BOND FUNDS, AND THE USER DEPARTMENTS
GENERAL REVENUE FUNDS." BY THE REDISTRIBUTION OF COSTS
OF PURCHASING THE BURROUGHS CENTRAL COMPUTER SYSTEM TO
ADJUST THE COSTS OF TERMINALS TO VARIOUS DEPARTMENTS
AND ADDING A NEW SECTION 3 TO SAID RESOLUTION NO. 78-497
TO ST ON
$310,199E OVER EIGHT THE EYEARS TOECOST $273,727 OVER SEVEN YEARS.
M
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Lacasa, the
adopted by the following vote:
AYES:
NOES: None.
gi
resolution was passed
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
an
113
APR 3 0 194
34. ACCEPT BID: Uniforms for the Police Department.
Mayor Ferre: Item 39, uniforms Police Department. Is Mr. Lamar still around?
Mr. Plummer: Yes. I Mr. Mayor, would just like to make an observation,
the man who came before this Commission who screamed that there was unfair
advantage in having to rebid who in fact knowing his competitor's prices went
up five thousand dollars and his competitor went down four thousand dollars.
So I hope in the future that we might listen a little closer to Mr. Mullins who
might just know what he is talking about. I move it.
Mr. Lacasa: Second.
Mayor Ferre: You move it reluctantly with "I told you so".
Mr. Plummer: I am validating the, pants off of the shelf or on the rackand.
if they want green pants we: will turn on the green light.
Mayor Ferre: In other words, we should have paid attention to Mr. Mullin
is that what you are saying?
Mr. Plummer: I''m saying we should have listened a little closer, hejust'`
happens to be right.
Mayor Ferre: And by not listening the guy who got the award is taking us for
a little bit of a ride, is that it?
Mr. Plummer: Well, he just happened to come in five thousand dollars hiyher
than his original bid .of a month ago.
Mayor Ferre: Well, we are going to remember him. What's his name again? Olt.
I.think that's a very valid point for all of us to remember because we all fell
for it, including me.
Mr. Plummer: Do you need a pair of pants?
Mr. Jaffer: I might add he added a very, useful service to this Commission and
I enjoyed listening to him every time he came here very much.
Mr. Plummer: Who was that? .'
r. Jaffer: The man who came before here, I don't know what his name is.
Mayor Ferre: Yes, it cost us five thousand bucks.
Mr. Lacasa: More than my window.
Mayor Ferre: Your entertainment cost five thousand which is more than Lacasa'
window.
Mr. Lacasa: More than the window.
Mr. Plummer: I wonder if he would like to bid on a bay window?
Mrs. Gordon: No, not more.
Mr. Plummer: I moved it.
Mayor Ferre: Moved by Plummer, seconded by who?
Mr. Lacasa: By me.,
Mayor Ferre:
Seconded by Lacasa, alright, call the roll`.
gl
114
hFR 3 0 1979
The:following resolution Was, introduced by Vice -Mayor Plummer
its adoption;
Who move
RESOLUTION NO, 79-312
A RESOLUTION ACCEPTING THE BID OF LAMAR UNIFORMS FOR FURNISHING UNIFORMS
FOR ONE YEAR ON A CONTRACT BASIS FOR THE DEPARTMENT OF POLICE; AT A TOTAL
COST OF $124,991.98; ALLOCATING FUNDS FROM THE 1978-79 OPERATING BUDGET;
AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE
PURCHASE ORDER FOR THESE MATERIALS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon, being seconded by Commissioner Lacasa, the resolution
adopted by the following vote:
AYES:
NOES: None.
was passed and.
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
35. ACCEPT BID: Sale of 300 CONFISCATED GUNS.
Mayor Ferre: On Item 40, sale of 300 confiscated guns. Are you buying those
guns Plummer?
Mr. Plummer: Hey, don't say that, come on.
Mayor Ferre: Accepting the bid, the City Manager recommends.
moves,...
Mr.
Lacasa:
Mayor Ferre:
econd.
... Lacasa seconds-Item.40, call the roll.'
The following
its adoption:
Alright,
Plummer
resolution was introduced by Vice -Mayor: Plummer, who move
RESOLUTION NO. 79-313
A. RESOLUTION ACCEPTING THE BID OF TAMIAMI,DISTRIBUTORS FOR THE SALE
OF`300 GUNS CONFISCATED BY THE DEPARTMENT OF POLICE AT A TOTAL PRICE. OF
OF ' $24,390.00.
(Here follows body of resolution, omitted here and on file
in the 0ffice of the City Clerk).
Upon being, seconded by Commissioner Lacasa, the resolution was passed an
adopted'by the following vote:
AYES:,
NOES:
gl
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore IL, Gibson
' Vice -Mayor J. L. Plummer, Jr.'
Mayor Maurice A. Ferre
115
rA PR 3 0 1974
36. Close certain streets in Coconut Grove in connection with THIRD
ANNUAL "BANYAN FESTIVAL".
4
Mayor Ferre:
Rev. Gibson:
Mayor Ferre:
Mr. Plummer:
Mayor Ferre:
Item 42, closing certain streets in the Grove.
Move.
Father Gibson moves.
Second
it.
Plummer seconds;
further discussion, call the roll.
The following resolution was introduced by Commissioner Gibson, who move
its adoption:
RESOLUTION NO. 79-314
A RESOLUTION CLOSING CERTAIN STREETS IN
COCONUT GROVE TO THROUGH TRAFFIC ON
SATURDAY, OCTOBER 27, 1979, AND SUNDAY,
OCTOBER 28, 1979, BETWEEN 8:00 A.M. AND
8:00 P.M., IN CONNECTION WITH THE THIRD
ANNUAL BANYAN FESTIVAL, SPONSORED BY THE
COCONUT GROVE CHAMBER OF COMMERCE, SUBJECT
TO ISSUANCE OF PERMITS BY THE POLICE AND
FIRE DEPARTMENTS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Vice -Mayor Plummer, the resolution was passed and
adopted by the foliowing vote:
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES:
Mr. Jaffer: For clarification, will
It doesn't say in the': motion I got.
Mayor Ferre: Does somebody want.to
Commodore?. Well, that's very cleai.
answer, seriously?
Mr. Plummer:
Do all speak at once.
this be for both Fuller and Commodore?
clarify that? Is, that both Fuller and.
then. Anything else? -Well, who has an
Mayor Ferre: Alright, we will come back and tell you in a moment.
find the answer Mr. Grassie?
Mr. Grimm: The resolution says Fuller Street.
Mayor Ferre:
Mr. Plummer:
Mr. Grimm
Would ; you.
Alright, Fuller Street, ok?
And possibly Commodore Plaza, that's what the letter sa
All I'm referring to is what' the resolution says.
s.
116
APR 3 0 1974
37. FORMALIZING RESOLUTION: URGE DADE LEAGUE OF CITIES TO CHALLENGE
TAXICAB REGULATIONS for filing legal proceedings opposing.
Mayor Ferre: 43A?
Rev. Gibson: Move.
Mayor Ferre:
•
Gibson moves,...
Second.
Lacasa seconds, further discussion
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 79-315
A RESOLUTION STRONGLY URGING THE DADE COUNTY
LEAGUE OF CITIES, INC. TO INITIATE LITIGATION
CHALLENGING THE VALIDITY OF THE TAXI ORDINANCE
ADOPTED ON MARCH 20, 1979 BY THE BOARD OF COUNTY
COMMISSIONERS FOR DADE COUNTY, FLORIDA; FURTHER
AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO
INTERVENE ON BEHALF OF THE CITY OF MIAMI AS A
PROPER PARTY PLAINTIFF UPON THE FILING OF SUCH
LITIGATION; FURTHER ENCOURAGING EACH MUNICIPALITY
IN DADE COUNTY, FLORIDA THAT REGULATED THE TAXI-
CAB INDUSTRY WITHIN ITS CORPORATE LIMITS ON JULY
1, 1974 TO JOIN WITH THE DADE LEAGUE AND OTHER
CITIES IN THE AFORESAID LITIGATION.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Lacasa, the resolution was passed and
adopted by the following vote:
AYES:'
NOES: None.
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
38. PERSONAL APPEARANCE: Victor Logan - regarding "Miami Summer Boat
Shaw."
Mayor Ferre: Now, Mr. Logan are you ready now?
Mr. Logan: Yes, sir I think.
Mr. Lieberman: Commissioners my name is Ron Lieberman, I apologize for not
being here sooner. I came before you last meeting on a request for the Miami
Summer Boat to get the use of the entire Pier 5. At this time we are requesting
twenty-five slips because that's that we have sold, we need some space. At
the last meeting there was a ruling from the City Attorney that this action
would be invalid as a breach of contract and that we would have some litigation
over it and some of the Commissioners asked for some kind of precedent or
legal basis. What Mr. Logan is handing out right now for you to look at is
gl
117
'APR 3 0 fa7o
a copy of Section 50-44 of the City Code entitled "removal of vessels for a
cause" which states that the director may cause the removal of any vessel
from the City Marina property when it is necessary in order to repair the
dock because of a previous reservation or for any good or reasonable cause.
Commissioners we are asking you at this time to invoke this section. We are
asking you to rule that it is a good and reasonable cause to make twenty-five
slips of Pier 5 available for the Miami Summer Boat Show. Mr. Logan is
willing to pay the people that are inconvenienced one months rent and he is
willing to pay for the cost of removing and reinstalling their telephones.
My understanding... I haven't spoken to Mr. Knox personally Mr. Logan has and
my understanding is that Mr. Knox's ruling would be that if you ruled this to
be a good and reasonable cause, that this would be a valid exercise of the
Commission's prerogative and there would be no problem as far as invalidating
leases because we wouldn't be doing that. So we are asking you at this time
to invoke this section, give us twenty-five slips, we don't need the entire
dock. This will make this a successful boat show something that the City can
be proud of.
118
ItFR 3 0 1973
George, could you give us your opinion
Mr. Knox: Initially I would think that a decision would have to be made by
the director that the removal for this purpose is, in fact, a good and reason-
able cause and my indication to Mr. Logan was that if there is a legislative
determination that this is a good and reasonable cause then again at least
if there were litigation we would have the advantage, if you will, of a pre-
sumption that the action taken by the Commission or the director's action was
valid - a presumption that the action is valid which must be overcome by any-
one who would attack that action and they would have to show that there has
been an abuse of discretion, fraud or that the decision was made arbitrarily
or capriciously. But the code provisions specifically indicates that the di-
rector makes a determination about removal of vessels based upon the several
reasons that were given including the existence of a good and reasonable cause.
Mr. Lieberman: You're not saying that the Commissioners can't make that deter-
mination are you?
Mr. Knox: I'm quoting from the language which is contained in the Code which
indicates that this is a decision to be made by the director of the department.
Mr. Lieberman: It says that the director may cause the removal and it says
that it should be for any good and reasonable cause but I; don't see where it
says the director has to be the one to deem whether or not the cause is good
and reasonable.
Mr. Knox: All right, if the City Commission determines on its own that it
would be good and reasonable and then the director would implement the City
Commission's policy I'm sure.
Mr. Lieberman: That'•s all I asked for.
Rev. Gibson: Mr. Mayor and members of the Commission, I think we make life
very difficult, rather hard to live. Being in the business I'm in I get
rather disturbed that so many people are dying and the few of us who are liv-
ing, we can't live happily. I also get rather disturbed that so many of us
go through so many paces and play so many games that one or two of us who yet
live find it hard to live and find living rather hard. I have never seen any
man who has been treat as shoddy as I've seen this man treated. I'm ashamed.
It seems to me that if we want to really do that which is right and fair and
just and be honorable and decent that what we would do if we didn't want this
man to conduct his boat show we would have said right away, "No, doggone it,
we're not going to have it." We have not exerted one bit of our influence
from this City Commission nor from the administration to go out and say to
the tenants on Pier V "We are over a bind, we want you to understand, we want
you to cooperate, we want you to help". That'swhat any all good reasonable
citizen will do. Those people out there I remember so well, I've argued and
argued and argued. I think those people ought to be talked with. Now the
language of this business here isn't that difficult to understand. Those of
us who sit on this Commission, if we really wanted to help the man doggone it
the language is simple. And Counsel, it disturbs me, you know I said something
earlier this evening when we were voting about you know who ought to vote, who
owns what and all that business. I said I've been on the Commission long
enough to know that we interpret the laws based on the convenience. I hope
that we would exercise the same degree of convenience in interpreting this
law. We're always talking about lack of funds, a man has offered us a propo-
sition, the man has indicated his willingness to pay those people for a month
if they were to move and to move them without any cost to them. You know, my
heart gets very heavy that we aren't reasonable people, want to be reasonable,
we don't want to put ourselves in the same shoe as the other people find them-
selves some times. I just came back from a graduation commencement business
and I heard the speaker say something that I want to share with you. You know
what that is? If the shoe ever gets on your foot you begin to learn how it
hurts. It isn't until the shoe gets on your foot that you really understand
the hurting. I would hope that the one thing we would learn in the City of
Miami - this is my home so I could afford to say it - that we'd learn how to
119
APR 3 0 1979
live as good citizens in peace and tranquility and stop playing all of these
games and shucking and jiving - it's about time. We ought to listen to the
words of St. Paul, "Quit ye yourselves like men" and cut this foolishness out.
This man has the faith and the patience of Jobe because anybody who was kicked
in the behind as he was kicked in the behind, I had the opportunity to put all
of the administration involved under oath. I didn't embarrass anybody, I just
let you open up yourselves and it seems to me that rather than continue to
keep yourselves wide open you would go on and help the man and avoid this kind
of embarrassment on yourselves and on the City. I'm sick and tired of being
embarrassed in this fashion. It is not Godly and I have to sleep at night. I
don't think we who sit up here can honestly go home and sleep comfortably know-
ing that we're shucking and jiving, the administration, I'm not going to say
what I think about what the administration did because they know I know and it
was no accident that I put you under oath. I felt that you didn't have to lie
to me you lied to yourself and God and I think that you ought to help the man
and stop looking so doggone bad.
Mr. Lieberman: Father, we're past the point of asking the administration to
help us, we need authorization from the Commission.
Rev. Gibson: I'm not talking about the administration.
administration, the administration works for me.
Mr. Lieberman: Well,
stand....
I think they need some direction and from what I under
Rev. Gibson: I'll tell you the way`I feel, I feel we ought to offer
instructing the administration what to do.
Mr. Lieberman: That's what we're asking for, Father.
Rev. Gibson: And it seems to me that if the administration isn't willing to
carry out the mandate of the Commission we ought to start changing the adminis-
tration. You heard the howl earlier this evening, you heard the howl. I hope.
I'm not the only one who feels as I feel about the administration continuing
to disregard the fact that we set the policy and not they.
Mayor Ferre: All right, Father Gibson, as I take it that's in the form of a
motion, is that correct?
Rev. Gibson: Yes, sir, based upon this document we the Commission can instruct
the administration to do it. It's simple.
Mayor Ferre: All right, is there a second?
Rev. Gibson: Section 50-44 - Removal of>Vessels for Cause.
Mrs. Gordon: Sir, (INAUDIBLE)
Mayor Ferre: Well, we're going to get to that in a moment. Is there a second?
All right, Lacasa seconds. All right, now Rose, let me understand, I'm just
trying to recall. When we discussed this last time your position was that
even though you were for Logan - I'm not trying to be cute about this, I'm just
trying to find out - as I understood it you didn't think that you could go
along with this because you didn't think.... What?
Mr. Lieberman: She didn't want to break their contract, their existing contract.
Mrs. Gordon: I want to be very frank with you and everyone else. I am opposed
to going to those persons who have a lease with the City to keep their boats
there and tell them because we have made some serious errors in judgement right
along that we have to make them suffer the consequences. I don't feel that I
can do that. I have said and I say it again I wish and hope that those people
would go along voluntarily with your request but I am not going to be one who
is going to tell them that they have to get out of there, I'm just not going
to do it.
Mayor Ferre: All right, Joanne Holshouser.
Mrs. Joanne Holshouser: Joanne Holshouser, 4230 Ingram Highway. I don't know
these gentlemen but I would like for them to hear, and others, that T'm not
opposed to marine interests, I have a son who went to nationals last year in
junior championships and placed in two and I'm not opposed to boating but my
concern is very much what Commissioner Gordon's is, I would wonder have you
made any attempt to talk to these 25 people?
120
APR 30 1979
Mr. Plummer: Ten times.
Mayor Ferre: Yes, and theyall said no
Mrs. Holshouser: Are they here,`do they have a representative? Do they agree
to move?
Mayor Ferre:
o, they don't agree, I; just said that. They've all said no.
Mr.;Plummer: Absolutely not.
Mrs. Holshouser: Then that's it, I think that when we get to a point where
the City by whatever means it has removes people forceably from their homes,
and in this case I would assume that in most cases this is the only home each
one of these residents has, that we're in serious territory. I agree with
Commissioner Gordon, I think what happens is very sad but I think that it is
also very sad to do this. I thought when Commissioner Gibson first started
speaking that I wasn't going to have to speak because he was going to say it
but he said what I was going to say only on the opposite side. I think we
have a serious moral commitment to homeowners, whatever you want to call them,
to be here and I'm very sorry that a marine interest is being hurt when we
could have something nice and pleasant here but I do think that we have a moral
commitment to people to allow them to be part of what goes on and as the adminis-
tration works for the Commissioners it works for all of us and as I keep remind-
ing you all, as other people come in and scream about cutting taxes I don't but
I just ask that you be fair with the people who pay those taxes, be fair with
the residents and I don't think this is being fair when you tell them it's very
nice to pay what they're going to pay what they're going to pay but I think
that it is wrong to tell them "You've got to move." This is going back to
England in Feudal days, the Lord of the Manor wants to have a party so we'll
give you some food and clothes and move you inot another cottage but uh-uh,
that's not the way to do it and I think it's a very very poor thing. It's set-
ting a precedent. What are you going to say, anybody who wants to come along
now and ask you to vacate something, even if they pay it, and I think that the
game playing, Father, I'm sorry but the game playing is for anybody to try to
find a way to do this, a way to move people out of their homes at the conven-
ience of a commercial interest no matter how shabbily that commercial interest
has been treated in the past two wrongs- Father, I'm sorry but I'll preach -
two wrongs don't make a right and I think this is two wrongs in this case.
Rev. Gibson: I want to agree with you I just want to explain to you we didn't
have to be in this mess. We didn't have to be in this mess. I don't want to
rehash nor warm over. The administration just never was moral in what they
did. Now you know I have just never been able to stomach this kind of dealing
because I think - well, I don't want the newspaper to say what I really want to
say. I'm telling you man, I don't understand how in the world you all sleep at
night and I don't see how you face the public, I really don't.
Mr. Logan: Mr. Mayor, I wonder if I might answer that. The lady who I've never
met before obviously does not know the facts of this situation. Let me share
some further information with you and clarify a question for her. I have been
before this Commission seven out of the last eight months. In coming before
this Commission, as you may recall on last Thursday night, the representative
from the association that coordinates all the piers out here was here, Mr.
Richard Oakley I think is his name. He was aware at that time that this meet-
ing that you had, Mr. Plummer, invited me to come back this evening on the 30th.
Mr. Plummer: No problem.
Mr. Logan: Okay. So if they wanted to make an appearance they could have.
Now what I'm simply saying is that this is a situation where Mr. Hector Gai
has indicated to me, Mr. Plummer, that he had about 30 transient slips at that
time of year so it's not as if there will be a problem in relocating people.
In addition, I'm simply asking this Commission to give me some sort of assist-
ance. I'm trying to still continue to give and take and my feeling is, Mrs.
Gordon, if Mr. Gai the Dockmaster says that he has 30 transient slips at that
time that these people could be moved to then we're really what we're doing is
we're not trying to move them far distances and I'm not taking them out of their
homes. It's not like they live in a house or an apartment that's immovable,
I'm simply saying I'll pay your months rents, I'll pay your transit fees for
whatever pier they move you to and in addition, if there's any problem with
your phones I will pay for your phone to be hooked up for that short period.
So now we must remember that through all of these years and in a report by City
Manager Paul Andrews in 1973....
121
APR g 0 1979
Mr. Plummer: Can I stop you for a second?
Mr. Logan: Yes, sir, you can.
Mr. Plummer: Mr. Jennings, you're present, I saw You somewhere. The.state-
ment he has just made, is that a correct statement that we have approximately
30 vacancies at Dinner Key?
Mr. Jennings: In the entire marina, Mr. Vice -Mayor, yes. About ten of those
empties would be on Pier V, however.
Mayor Ferre: See, that makes a big difference.
Mr. Plummer• Damned right it does. You know my objection has primarily been
what Jeanie said, and that is displacing these people to the four winds. Now
if he's asking for 25 spaces. on Pier V and we have 30 vacancies normally....
Mr. Jennings: Now wait a minute, keep in mind that Pier V is the pier that
contains our largest vessels. To relocate you have to have a slip into which
a 50 or 60 foot vessel; will fit. You see, it's not quite that easy. You can't
say..•'•
Mayor Ferre:
about this."
pen to agree
Mr. Plummer:
Well, let metell you where I am so that there's no confusion
I happen to agree with the statement made by, Rose Gordon, I_hap -
with what she said. Now, however,....
What you're saying is that some of them
are 30, 50 foot boats.
Mayor Ferre: Wait a minute. However, if there are slips available and it's
a matter of requesting somebody to transfer from one slip to another or forc-
ing them to transfer at no expense to them....
Mr. Plummer: No, to the benefit of them.
Mayor Ferre: And if those slips are available and if you're moving a 30 foot
boat into a 50 foot slip you know it's too bad, now you can't do the reverse
obviously. But the point is that if what you're talking about is putting these
people out to the four winds and tell them, "Look, tough look, you get your
boat and anchor it out in the bay" I think that's completely unfair and in bad
faith with people who have signed contracts just to tell them to get out. If
on the other hand what you're talking about is moving them to an alternate
location at no expense to them then that's a different matter. Now what is
it?
Mr. Jennings: Just so you understand both sides of the story, I have discussed
this with Mr. Logan, if he will admit that, within the last week or two. I
have advised him that in the 'surxnary many of our boat owners ao up north. I
have advised him that we would have probably ten, maybe even as many as 15
empty slips on Pier V and that we would work with him if he were able, we would
attempt to keep those transient slips empty and that he could utilize those 10
or 15 slips for his boat show. We've told him that, he knows that.
Mr. Plummer: He wants 25.
Mr. Logan: Mayor Ferre, let me explain something. The problem is that I have
not gotten, although Mr. Jennings has told me this you have to understand as
the Father said, I have never gotten the cooperation of the administration.
Really, I've got to make you understand something. They're very careful about,
what and how they do and what they say to you and it's very important....
Mayor Ferre: Mr. Logan.
Mr. Logan: Yes, sir.
Mayor Ferre: Look,
for a resolution on
for you during this
affect somebody.
I want you to understand something. I right now will vote
thisCommission that any vacant slips on Pier V be reserved
show, I've got no problems with that because that doesn't
Mr. Logan: If I'm only talking
to another adjoining slip....
Mayor Ferre: -I've
equal or better.
about moving ten people if that's the case, Ok
got no problems moving peopleprovided you're giving the
APR 3 0 1979
Mr. Logan: Fine.
Mayor. Ferre: At your expense.
Mr. Logan: Let me quote what the ordinance says. It says that you can move
them from the City's facilities to any other City facility. You also have.
the Marine Stadium which is not that far.
Mayor Ferre: No, I'm not going to get into that because that's asking some-
body to move out of Dinner Key to some other place and forcing them....
Mr. Logan: Here's all I'm asking you, here's what I'm saying to you. It's
not against their will. If we give them the opportunity, let's say that we
have for numbers' sake 15 available slips on Pier V. Okay? And we need an-
other ten to move. Okay? I really don't think the other ten as long as you've
got the resolution - okay - will mind moving to the Miamarina. I have also
attempted, just so you'll know this....
Mayor Ferre: I will not go along with that unless it's voluntary.. I'm not
going to force people who have a valid legal contract with the City, further-
more, we're going to end up in all kinds of lawsuits. I mean there is just.
no way that somebody who has a valid contract that you're going to say,
"Look, I don't care what your contract says, getout!".
Mrs. Gordon: Logan, why didn't you tell us when you first started negotiat-
ing that this was a part of what you wanted?
Mr. Logan:
Mrs. Gordon:
Mr. Logan: No
mer, the same question.
I'm not talking about the last meeting, six months ago.,:
the question was asked of me at the last meeting by Mr. Plum -
Mrs. Gordon: When did you start working with this Commission in
for this and that and the next thing, how long ago?
Mr. Logan:
Mrs. Gordon: Did you say in November you needed the slips on Pier V?
Mr. Logan: To tell you the truth, ma'am, at that time I never realized I
would have a problem with Pier V and I was led to believe by the administra-
tion regardless of whether they will admit it or not that I would have no
problem and it wasn't until I sent my letters out in about January or Febru-
ary that I realized that I had a problem. I wasn't trying to keep it from
you and one last thing which is important, on my brochures that I put in front
of each of you Commissioners it mentioned on land and in the water and had a
diagram of the pier. So it wasn't anything I was trying to keep from you, I
just didn't know it. If you can give us any assistance at all in this matter
it would be appreciated. If you will - I'll let you do what you want. Mayor
Ferre, if you just want to make a resolution giving me 15 slips on Pier V and
tell me to go out there and negotiate....
Mayor Ferre: I'm willing to give you 50 if they're available, I don't care
how many you get as long we are not forcing people that have valid contracts
out in the middle of Biscayne Bay. That's her point and that's my point and
I agree.
Mr. Logan: All right, then we'll be clear in saying this: Will you be will-
ing to in affect make a motion or resolution stating that they mustmove if
we can provide them other space in Dinner Key?
Mrs. Gordon: No, I wouldn't tell them they must move, why should I tell
th
they must move? Why should I tell anybody they must move?
Mr. Plummer: Wait a minute, Rose
Mayor Ferre:
Mrs.' Gordon: I wouldn't let them move anybody.
Mayor Ferre: I know, Rose, but I disagree with you on that point.. ;If there
is space available in Dinner Key that is equal or better and you're going to
123
APR 3 0 1979
move them at your expense including their phones and whatever else that they`
have on their dockside.
Mr. Plummer: One month's rent
and one months' rent.
Mr. Logan: Yes, sir.,
Mayor Ferre:
That's his problem, you
that's what he just,said
see.
Mr. Plummer: Now, Mr. Mayor, since you land lubbers don't know let me just
clarify one thing right from the beginning. Pier I is not acceptable. If
I was on Pier V Pier I would not be acceptable to me the way that damned wind
blows in there especially if I lived aboard. Now, look, here's where I'm at,
I'll tell you very truthfully. If there is like space available at Dinner
Key and you are willing to pay their transfer costs the transfer of the phone
both ways - over and back - and pay them one months' rental I've got no prob-
lem with that up to 25 spaces. Now when I say like like means this - if
they're in a 50 foot and there's a 50 foot space open and that you're going
to inconvenience them for five days - is that what it is, five days?
Mr. Logan: Yes, sir, six days total.
Mr. Plummer: Six days which is a total of eight.
Mr. Logan: No, four days and two, one in and one out so it's a total of six.
Mr. Plummer: Okay, six days total and you're going to pay the expenses of
moving them over, the expenses of moving their telephone over, the expenses
of moving them back, the expenses of moving their telephone back, and give
them a 30 day rent, an amount equal to 30 days rent I've got no problem with
that.
Mayor Ferre: Do one better, J. L., do one better; that if it is a 30 foot
boat and there's a 50 foot slip available, equal or better that even there
we're willing to sacrifice.
Mr. Plummer: Or better?
Major Ferre: Sure, 30 or better, I mean the same or better.
Mr. Logan:
tant.
. Ferre, let me share one other thing, with you which is impor
Mayor Ferre: Provided that it's not on Pier I.
Mr. Logan: There are a number of 40 foot slips available and possibly 45 or
50 foot boats. It is not unusual even at the boat shows for a 45 or a 50
foot boat to be accomodated in a 40 foot slip. So I think the only problem
I see in the motion is if we walk out of here now and you make the motion as
you're stating it you may have a person who says, "If you can't give me a
50 foot slip because that's what I have then I refuse to move" then I've got
a problem because the slip will accomodate them....
Mayor Ferre: You're going to pay the damage that somebody is going to claim
when you put a 40 foot boat in a 30 foot slip and the wind comes like it was
going to or three days ago at 70 miles an hour and something happens to that
boat, and who is going to pay for the insurance? Are you going to pay for
the insurance?
Mr. Plummer: Hey, my statement was clear - a like or better. Okay? Now,.
if they've got a 50 foot space it's got to be 50 or more.
Mayor Ferre: You can't put a 50 foot boat in a 30 foot slip.
push it anymore.
Mr. Logan: Okay, let me ask you a question because
walk out of here with something. Mr. Jennings
Mayor Ferre: Yes, but let me tell you....
•
Mr. Logan: You're trying to do something for me and I'm just trying to estab-
lish because I'm not the pro as to whether you're doing something. Mr. Jenn-
ings, do you feel....
Mayor Ferre: Doing something for or to you mean? Doing something for or to,
is that what you want to find out?
Mr. Logan: No, sir. If they make this motion as it's stated do you feel it
will do any good, do you feel in your estimation that there are pier slips
that these people - you see, here's what I'm trying to say to you is that the
smallest slip on Pier V is 50 feet, the smallest slip. I honestly don't know
the size of the boats out there, Mr. Gai is sitting here and he's probably
more familiar than anybody but if we're making a motion and it won't accomo-
date the first person this has been an effort in futility, that's all I'm say-
ing.
Mr. Jennings: Well, the only other pier that will accomodate them is Pier II,
that will accomodate boats 50 feet and up, isn't that right? (INAUDIBLE RE-
SPONSE) Okay.
Mayor Ferre: Vic, there's an old story in Puerto Rico which I'm not going to
take the time to tell you but the bottom line at the end of the story is that
the little kid lost his goat and he also lost the rope. Now what I'm telling
you is that either keep the goat or keep the rope or keep both but what you're
going to do is lose the goat and the rope. So my advise to you is get what
you can.
Mr. Jennings: Mr. Mayor, Mr. Logan asked me to tell you the problems concerned
with this, there's one more you ought to know about. On Pier V we have 220
power on about half of Pier V. Those slips are the only slips in the marina
at which we have 220 power. If a boat, for instance, that has 220 on Pier V
tries to move to Pier II he is not going to have sufficient power for his boat
because Pier II even though there are some large slips there it's all 110 power.
I'm not trying to be negative, please, but these are just problems that exist.
Mr. Plummer: Mr. Logan, why don't you put on the First Submarine Show? First
Submarine Summer Boat Show.
Mayor Ferre: Well let me ask you this. Why don't you put these boats in dif-
ferent slips other than Pier V, Can't you just slip them into Pier III and put
a big sign and say, "The Chris Craft is slip such and such on Pier III"?
Mr. Logan:
Mayor Ferre:
Mr.
Plume
Mr. Logan:
Mayor Ferre:
it's another
are we going
I wish I
could to tell you the truth.
Why can't you?
That would be
chaos.
It's one thing, as I've said
to Mr. Jennings... •
Okay, I just figured that, it's one thing to disrupt Pier V,
thing to disrupt the whole marina. Okay, I've got you. But what
to do? Do you want to make that as a proviso too?`
Mr. Plummer: What, that he's got to put 220
That's ridiculous. It's impossible.
Mr. Logan: That's impossible.
in on the rest of the slips.
are you, going to make all these people that need 220
Mayor Ferre: Well, how
move out of Pier V....
Mr. Plummer: Well, it doesn't come to my criteria of a like slip. Now that's
pretty obvious. If he's only got 220 on Pier 'V and these people can't get it
somewhere else that's the answer.
Mr. Logan: That's the only reason why I mentioned Miamarina because it does
have 220 and there are certain people that I think would be willing to move
there, that's all.
Mayor Ferre: Vic, if somebody is willing to move to Miamarina terrific as
long as it's voluntary. I for one will not vote to move somebody out of Din-
ner Key to move to Miamarina forcefully. Now I don't mind them making a move'
from Pier V to Pier IV or III or II but I'm just, you know; there's only so
far that I'm willing to go. Now we have a motion made by Gibson seconded by
Lacasa, now do you want to force the vote on that?
125
APR 3 0 1979
Mr. Lieberman: Maurice, we like the amendments that you and J. L.threw
in there if you can incorporate that into one motion.
Mayor Ferre: Would you be willing to incorporate all these things in
motion?
Rev. Gibson: Well look, I want to help the man put on the show and if the
amendments will help him that's what I'm interested in. I think that if the
administration had indicated a willingness all along that we might have gotten
much further off dead center than we now are. That's all I'm saying.
Mayor Ferre: All right Father Gibson approves all the amendments and do you
accept them too?
Mr. Lacasa: Yes,
Ido.
Mayor Ferre: As enumerated by Plummer,further discussion?
UNIDENTIFIED SPEAKER: ... I'm not involved in this at all, :
be listening but I always....
Mr. Ongie: Your name for the record, please.
Mr. Sterling Jeffrey: My name is Sterling Jeffrey.
just happen to,
Mayor Ferre: You're not related to that Jeffrey are you? We have two Jeffreys.
Mr. Plummer: No, that's Jaffer.
Mr. Jeffrey: The boat show is a big deal, it's a lot of money.
One
t month's
0
rent is not a lot of money and it's not that hard to supply vOpower
using sophisticated electronics, this man might have the means available to
him to do that with the help from the City and it seems to me that you can,
you don't have to turn him down but you might be able to get some cooperation
with the lessees if you talked to them.
Mr. Plummer: We've been trying for 8 months.
Mr. Jeffrey: Well, no one has ever mentioned anything more than maybe a
month's rent. You know if people are being inconvenienced for a month's rent
that's no big deal. If someone wants to move their boat or would agree to
move their boat for some reasonable figure you ought to talk reasonable fig-
ures. I don't see any reason why there is this stalemate here.
Mr. Plummer: We didn't hold him to any figure.
Mr. Jeffrey: I know, you can make a compromise. It seems that a lot of boats
could be accomodated at Pier II, some boats could be moved to Miamarina, those
who agreed for whatever....
Mr. Plummer: You say you're not involved, you don't have a boat out here?
Mr. Jeffrey: I have friends who live....
Mr. Plummer: It sounds like you're negotiating and I' can't figure out for who.
I'm just so curious, I'm not negotiating for anyone I'm just
You don't have a boat out here?
Mr. Jeffrey:
here.
Mr. Plummer:
Mr. Jeffrey:
Mr. Plummer:
Mr. Jeffrey:
Mr. Plummer:
coming from,
No, I don't own a` boat.
You don't live out here.
I don't live here.
Do you work for Mr. Perle? No, I'm trying to get where you're
sir.
Mr. Jeffrey: I'm coming from, let's say I like observing the Commission here,
I see the Commission manipulated by its own members and I see it manipulated`
by outside interests and I happen to like Coconut Grove a lot and I think a
126
APR 3 0 1979
4
boat show is a wonderful thing and I've also appreciated the floating show.
I was at a boat show a couple of years ago and I remember they had some boats
out in the water and that made a big impression on me, I think that's impor-
tant. But I don't think this guy should be telling people to move and I do
think that the Commission should do something about it.
Mr. Plummer: Well, what would you suggest, sir?
Mr. Jeffrey: All right, what I suggest is get the boat owner's attention,
talk some real figures about real insurance, real moving. A boat show happens.
to attract a lot of people, I don't see why there is very little money being
talked. It seems to me that boat owners are reasonable people, that's why
they live on boats.
Mr. Plummer: So what you're saying is that Mr. Logan should offer them more
than one month's rent, is that what you're saying?
Mr. Jeffrey: I'd say that would probably help his position a lot and it might...
Mayor Ferre: Now this poor man has gone through hell and back
Mr. Plummer: His wallet just fell out of his pants.
Mayor Ferre: The poor man, look at him, he's turning pale again. All right,
with all the amendments that have been put on, and that means that nobody is
forced except to move within the Dinner Key Complex, and I. know, Rose, that
you're not for it.
Mr. Plummer: In a like facility.
Mayor Ferre: In a like facility.
Mrs. Gordon: Ts the word ,"must".i
Mr. Ongie: No, the word mustmove is not in there.
Call the roll
n there, "must" move?
twice.
Mayor Ferrel Yes, the word "Must" is part of the motion made by Father Gibson
seconded by Lacasa with all the amendments that Plummer put in there.
Mrs. Gordon: Okay, if the word "must" is in there. I'm sorry but I can't vote
with it.
Mayor Ferre: The motion was made by Gibson, seconded by Lacasa and was amended
by Plummer and they accepted the amendments, both of them and the word "must"
is in there dealing only with the Dinner Key Marina area.
Mr. Plummer: I'm sorry, and I've got to stop you right here. Before I vote
you've got to read me what you've got in that motion explicitly. No, I'm
sorry, Maurice, you put the word "must" in there, "they must move" I want
everything to be understood and clear and delineated. He's going to pay rent
for the spaces, you know all that's got to come in there.
Mayor Ferre: You can't ask that man to do that, let me see if I could recon-
struct it.
Mr. Plummer: I can't?
Mayor Ferre: No, I don't think so.
Mr. Plummer: You can't but I can.
Mayor Ferre: Well, part of the reason is that this has gone over half an
hour of discussion so let me see if I can reconstruct it. Okay? And you stop
me or change.... Do you want to do it the other way?
Mr. Plummer: Yes, I want what is going to be in writing.
Mr. Ongie: We just referred to a document so I would write the motion in the
following manner: Based upon the document presented to the City Commission
today specifically Section 50-44 of the City Code, Removal of Vessels for
Cause, the City administration is directed to proceed with removal of vessels
under the provisions of 50-44 to facilitate needed slips for the Miami Summer
Boat Show with the following provisions...
127
APR 3 0 1979
Mr. Plummer: Twenty-five spaces maximum, up to 25 maximum.
Mr. Ongie: Up to 25 maximum.
Mayor Ferre: As available.
Mr. Ongie: As available. Like or better space be provided to anyone who is
required to move at Dinner Key Marina, that all transfer costs be paid....
Mr. Plummer: With the exception of Pier I.
Mr. Ongie: With the exception of Pier I; that all transfer costs be paid
both ways, that telephone disconnect and reconnect services be paid and that
one month's rent be paid to the tenants required to move and that none of them
will end up on Pier I.
The following motion was introduced by Commissioner Gibson who moved
its adoption:
MOTION NO. 79-316
A MOTION BASED UPON A DOCUMENT TO THE CITY COMMISSION ON
THIS DATE, SPECIFICALLY A COPY OF SECTION 50-44 OF THE CITY
CODE - "REMOVAL OF VESSELS FOR CAUSE"-, THE CITY ADMINISTRATION
IS DIRECTED TO PROCEED WITH THE REMOVAL OF VESSELS UNDER SEC-
TION 50-44 TO FACILITATE NEEDED SLIPS (UP TO A MAXIMUM OF 25
SLIPS, AS AVAILABLE) FOR MR. LOGAN'S "MIAMI SUMMER BOAT SHOW";
THAT LIKE OR BETTER SPACE BE PROVIDED TO ANYONE WHO IS REQUIRED
TO MOVE FROM DINNER KEY MARINA; THAT ALL TRANSFER COSTS TO
MARINA TENANTS FOR SUCH MOVE BE PAID BY MR. LOGAN; THAT TELE-
PHONE DISCONNECT AND RECONNECT SERVICE COSTS INCURRED BY PIER
V TENANTS BE PAID BY MR. LOGAN; AND THAT ONE MONTH'S RENT BE
PAID BY MR. LOGAN TO THE PIER V TENANTS WHO ARE REQUIRED TO
MOVE FROM PIER V TO ANY OTHER PIER IN DINNER KEY MARINA, WITH
THE EXCEPTION OF PIER I.
Upon being seconded by Commissioner Lacasa, th
and adopted by the following vote
AYES: Commissioner Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L. Plumper, Jr.
Mayor Maurice A. Ferre
Commissioner Rose Gordon.
Motion
'APR 3 0 1179
39. FORMALIZING RESOLUTION: ESTABLISH GUIDELINES FOR
CITIZEN PARTICIPATION IN C.D. TARGET AREAS.
Mr. Grassie: Can we formalize, Mr. Mayor, the resolution that you approved
this morning, or I guess it was this afternoon on Citizen Participaion, we'd
like to formalize that?
Mr. Plummer:
Absolutely not!
Mrs.; Gordon: Why?
Mr.,Plummer: Well,here again I want to know why the staff took it upon them-
selves to do other than what they were instructed.
Mayor Ferre: Wellwhat are you talking about?
read it?
Mrs. Gordon: What did they do,
Ma. Spillman: Commissioner, there was, one item I wanted to talk to you about
quickly. Wearied to write as best we could what we heard today.
Mr. Plummer: No, there are a whole lot of things in this document that we
never addressed.
Mayor Ferrer
Tell me like what.
Mr. Plummer: Okay, let's go on them. You tell me where this Commission said
that the City of Miami staff shall exercisesupervisory responsibility over
election procedures - never said it.
Mayor Ferre:
Mrs. Gordon:`•
So who else is going to do it?
Who else?
Mr. Plummer: My suggestion was that this Commission appoint a committee.
Wait a minute, nobody said it is what I'm talking about. Okay?
Mrs. Gordon: Well, J. L
Mr. Plummer: Okay, a nomination meeting will be held in each Community Develop-
ment area subsequent to registration period - the Mayor was specific - within
two weeks. It's not in here.
Ms. Spillman: Wait, do you want me to change it, let's change it right now.
Mr. Plummier: In each Community Development Task Area there shall be a three
week pre -election registration period with hours established - huh-uh, the
Mayor was specific that half of the time should be from 7 to 7 and the other
half to be from 1 to 9.
Mrs. Gordon: No, it was not.
Mrs. Gordon:` There was no motion on that.,
Mayor Ferre: The way I said it, Rose, was that two weeks of it should be from
7 to 7 and one week should be from 1 to 9 and we should have at least two Sat-
urdays so that nobody can have any....
Mrs. Gordon: We did not have a motion on that, they followed the instructions
of the motion and I believe that any corrections that need to be made could be
made but for us not to act tonight means that this whole process is going to
be held up.
Mr. Plummer: Rose, I want to do it tonight but I want it correct. Okay?
to page 4.
Mrs. Gordon: Let's go page by page then.
rt
APR 3 0 1979
Mr. Plummer:
not true. It'
MA. Spillman:
Mt. Plummer:
"
Mrs. Gordon
Page 4, item C. It says 50% of the membership plus one. That's
s 50% of the board membership.
That's what we meant by that.
What you meant and what appears ain't the same.
Well J. L., if you read the whole sentence that's what it says.`
Pluminer: Read it, Rose.
Mrs. Gordon: "Quorum For the purposes of transacting advisory board bus-
iness a quorum is 50 of the membership plus 1."
Mr. Plummer: Membership is the total organization.
. Gordon: Absolutely not, not when it's in the sentence....
Ms. Spillman: The board is. the total organization.
Mr. Plummer: No it's not.
Mrs. Gordon: Not when it's in the context of the sentence talking about the
advisory board business.
Mr. Plummer: Okay, you know let me tell you something.
Ms. Spillman: That's only one question, if we could just on number Section 7,
we talked about how people could be removed from board positions if they didn't
show up, the question I have for you is do you want to appoint a replacement
or do you want the board to appoint a replacement?
Mr. Plummer: Well, you see, we didn't say but the staff did.
Ms. Spillman: Well, I'm asking you that's why I'm here.
Mrs. Gordon:. I think you did a very good job.
Mayor Ferre.•
Well, let's read it first of all.
Mr. Plummer: Hey, this thing was thrown in here and said pass. Right? All
I'm saying is let's clean it up. I don't mind waiting to do it tonight but
let's clean it up.
Spillman:; Well why don't we just go through it then.
Mayor Ferre: All right, let's start with page 2 which is where the.
begins, Section 2.
Thereupon the City Commission reviewed the proposed resolution
by section before bringing it to a vote.
The following; resolution was introduced by Commissioner Gordon who moved
its adoption:
Ms.
substance
section
RESOLUTION NO. 79-317
A RESOLUTION ESTABLISHING GUIDELINES FOR CITIZEN PARTICI-
PATION IN COMMUNITY DEVELOPMENT TARGET AREAS AS REQUIRED
BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS
AMENDED, AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT
SAID GUIDELINES.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed
adopted by the following vote -
AYES: Mrs. Gordon, Rev. Gibson and Mayor Ferre.
NOES: Mr. Plumper and Mr. Laoasa.
an
APR 30.1979.'
40. BID ACCEPTANCE - P.N.M. FOR CITY WIDE SANITARY SEWER
IMPROVEMENT "FLAGLER STREET SR-B458-C".
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 79-318
A RESOLUTION ACCEPTING THE BID OF P.N.M. CORPORATION IN
THE AMOUNT OF $316,443, THE BASE BID OF THE PROPOSAL, FOR
CITY WIDE SANITARY SEWER EXTENSIONS IMPROVEMENT - FLAGLER
STREET SR-5458-C IN THE CITY WIDE SANITARY SEWER EXTEN-
SIONS IMPROVEMENT DISTRICT - FLAGLER STREET SR-5458-C;
WITH MONIES THEREFORE ALLOCATED FROM THE "SANITARY SEWER
G.O. BOND FUND"; WITH ADDITIONAL MONIES ALLOCATED FOR
PROJECT AND INCIDENTAL EXPENSES FROM AFORESAID FUND;
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
SAID FIRM.
(Here follows body of resolution, omitted here and on file,
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
41. AUTHORIZE APPROPRIATE TRANSFER OF FUNDS FOR THREE
ADDITIONAL POSITIONS FOR THE CITY CLERK'S OFFICE.
Mrs. Gordon: Maurice, for a clarification so that there be no misunderstanding,
for the Clerk's personnel, that the appropriate transfer of funds be made, I
so move.
Mr. Plummer: (INAUDIBLE - NOT USING MICROPHONE)
Mrs. Gordon: I've got it all left over in maintenance.
Mayor Ferrer There's a motion by Mrs. Gordon seconded by Plummer that there
be a proper appropriation of funds for the Clerk's $11,800. Further discussion?
Call the roll.
The preceding motion introduced by Commissioner Gordon and seconded by
Commissioner Plummer was passed and adopted by a unanimous vote of the City
Commission. Said Motion was designated Motion 79-319. See Resolution 79-310.
APR 3 0 1979
131
•
42.BRIEF REPORT BY CITY ATTORNEY REGARDING STATUS OF
ADA MERRITT SCHOOL.
Mayor Ferre: Mr. Knox, before you leave we need, if you recall Mr. Lacasa
had made a request of a legal matter with Ada Merritt and he wants you to
state it on the record so that it will be reflected.
Mr. Knox: All right, I can indicate first of all that there is a comprehensive
written report that is being prepared and will be distributed to the City Com-
mission. Furthermore, it appears based on our examination of the law that the
City of Miami would not be a proper party to bring a lawsuit on behalf of its
citizens regarding the closing of Ada Merritt School because the City Commis-
sion is too far removed from those persons who would be directly affected by
the closing of Ada Merritt and that a proper party perhaps for bringing such
a lawsuit would be a parent of a child who attends Ada Merritt for example,
and there are cases which have indicated that even the PTA of a school that is
about to be closed does not have a legal right to access to the courts.
Mr. Lacasa: Thank you, George.
ADJOURNNENT:
There being no further businessto come before the City
Commission, the meeting was adjourned at 10:25 O'Clock P.M.
ATTEST:
MATTY HIRAI
ASSISTANT CITY CLERK
MAURICE A. FERRE
MAYOR
APR 3 0 1979
maim DOCUMENT IDENTIFICATION
1 COMMISSION AGENDA AND CITY CLERK REPORT
2 AMENDING ORDINANCE NO. 6871, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI
3 AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY. OF MIAMI
4 AMENDING SECTION 1 AND 6 OF IAANCE O. 8858,
ADOPTED SEPTEMBER 28, 1978,THE
APPROPRI
ATIONS ORDINANCE FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1979
5 AMENDING SECTIONS 3 AND 6 OFORDINANUALCE
AO. 8858
ADOPTED SEPTEMBER 28,,1978, THE
AOPRI
ATIONS ORDINANCE FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1979
6 ACCEPTING THE ATTACHED PROPOSALEOFD CE LAVENTHOLO
& HORWATH A NATIONALLY RE
PUBLIC ACCOUNTANT FIRM SPECIALIZING IN HOTEL
AND HOSPITALITY ACCOUNTANCY.
7 GRANTING A ONE YEAR EXTENSION
COF THE
XXIIIARIANCE
FROM ORDINANCE NO. .6871,
TIONS 4(13), 4(24) AND 4(24-A)
8 GRANTING A VARIANCE FROM ORDINANCE
NO.CLE 6871,
ARTICLE IV, SECTION 19 (2)
TION 3(1)(a)
9 GRANTING ELEEMOSYNARY YUSE 8-10 PROJECTCONSTRUC-
TION OF THE DADE;.COUNT
HANDICAPPED ELDERLY, AS PER COMPREHENSIVE ZON-
ING ORDINANCE NO. 6871
10 GRANTING A CONDITIONAL USE (PUN)
AS LISTON (D) IN
ORDINANCE NO. 6871, ARTICLE
h)
11 GRANTING APPROVAL OF GOVERNMENTAL USE TO CON-
STRUCT AND OPERATE CERTAIN CULTURAL FACILITIES
AS HEREINAFTER SET FORTH, PER ARTICLE XXI-2,
SECTION 3 (1-2), OF THE CITY COMPREHENSIVE
ZONING ORDINANCE
12 AMENDING RESOLUTION 4 . 74-572 ENTITLED pASRESOLUTION
SED AND
ADOPTED JUNE 27, 197
GRANTING A CONDITIONAL USE AS LISTED IN ORDI-
NANCE NO. 6871, ARTICLE XI, SECTION 1(5)(b)
13 GRANTING A ONE YEAR INTENSION OF ORDINANCE NO.E 6871,I AR -
TONAL USE AS LISTED
TICLE XI-3,SECTION 1(7) (e).
CITY OF Ivv IVI'
DOCU M ENT
MEETING DATE:
I NDEX-----A-1-""---*
COMMISSION I RETRIEVAL
ACTION CODE NO.
0043
0044
79-296
79-298
R-79-304A1 79-304A
DOCUINENT•IIVDEX
CONTINUED
TUM NO. DOCUMENT IDENTIFICATION
14 GRANTING A ONE YEAR EXTENSION OF THE
HEIVARIANCE
AS LISTED IN ORDINANCE NO. 6871,
XI-3, SECTION 4(1) AND ARTICLE XXIII, SECTION
4
15 AUTHORIZING THE A SECOND ONE YEAR EXTENSION
OF THE DEVELOPMENT ORDER AUTHORIZED BY CITY
COMMISSION RESOLUTION NO. 75-135
16 ACCEPTING THE PLAT ENTITLED DEWITT SUBDIVISION
A SUBDIVISION IN THE CITY OF:MIAMI
17 OFFICIALLY VACATING AND CLOSING N.E. MIAMI
COURT BETWEEN THE NORTH RIGHT OF LINE OF N.E.
58TH STREET AND THE SOUTH RIGHT OF WAY LINE OF
N.E. 59TH STREET
18 ACCEPTING THE PLAT ENTITLED BALDWIN BLUFF
19 ACCEPTING THE PLAT ENTITLED CARONI PARK
20 AUTHORIZING THE CITY MANAGER TO FUND THREE
ADDITIONAL POSITIONS IN THE CITY CLERK'S
TIONSEAND EONEFIED (1) TYPEST CLERK III POSITION
21 AMENDING SECTION 2 OF RESOLUTION NO. 78-497
ADOPTED JULY 27, 1978 ENTITLED "A RESOLUTION
APPROVING THE AWARD OF BID FOR ELECTRONIC
DATA PROCESSING EQUIPMENT
22 ACCEPTING THE BID OF DAMAR UNIFORMS FOR
FURNISHING UNIFORMS FOR ONE YEAR ON A CONTRAC',
BASIS FOR THE DEPARTMENT OF POLICE
23 ACCEPTING THE BID OF TAMIAMI DISTRIBUTORS
FOR THE SLAE OF 300 LOCECATSACTOTALCATED PRICEBY OFTHE
DEPARTMENT OF PO
$2,390.00
24 CLOSING CERTAIN SNRSATURDAYCOCONUT
OCTOBER 27GROVE
TO
1979
THROUGH TRAFFIC 0
25 STRONGLY URGING THE DADE COUNTY LEAGUE OF
CITIES, INC. TO INITIATE LITIGATION CHALLENG-
ING THE VALIDITY OF THE TAXI ORDINANCE
ADOPTED ON MARCH 20, 1979 BY THE BOARD OF
COUNTY COMMISSIONERS OF DADE COUNTY
26 ESTABLISHING GUIDELINES FOR CITIZEN PARTICI-
PATION IN COMMUNITY DEVELOPMENT TARGET AREAS
AS REQUIRED BY THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974
27 ACCEPTING THE BID OF P.N.M. CORPORATION
R-79-304B
R-79-305
R- 7 9 - 3 06 .,
R-79-307
R-79-308
R-79-309;
R-79-310
R-79-311'
R-79-31
R- 79- 313
R-79-314
R-79-315
R-79-317
R-79-318
79-304B
79-305
79-306
79-307
79-308
79-309
79-310
79-311
79-312
79-313
7.9 - 314
79-315
79-317
79-318