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HomeMy WebLinkAboutCC 1978-12-14 MinutesITY OF MIAMI COMMISSION MINUTES OF METING HELD N December 14, 1978. Planning and Zoning Meeting PREPARED BY THE OFFICE OF I TY HTHEALCLSITY CLERK C RALPH 6. ONGIE CITY CLERK ITEM NO. 4,. 13, ct4 tic isiVRAFORIDA MCI a.) ETRST READING ORDINANCE: Change toning at 126428 NA, 63rd St, from 1t=3 to b) Grant Conditional Use of att Eleemosynary Tnttitution at 126.128 N.E. 63rd Street. c) Grant variances for setback in waive r of parking at 6250 N.E, CHANGE NAME in "DOUGLAS GARDENS" Plat, (from "Douglas Gardens Housing":to Douglas. Gardens Amended") SECOND READING ORDINANCE Change zoning of approximatel 2100 South Dixie Hightaay from R-1 to Authorize City Manager to transfer by Quit-Claitn Deed a certain property as legally described in Resolution 78y807 to SOUTHEAST PROPERTIES, INC. and to accept Warranty Deed from SOUTHEAST PROPERTIES, INC. on behalf of the City conveying real property also legally described in aforesaid Resolution. Deferral of Consideration of Application by ROGELIA RODRIGUEZ to permit completion of a Family Room Addition at 2265 N.W. 5th Street, SECOND READING ORDINANCE: Amend Ordinance 6871 - Articles II, XVI, and XIX - Provide definition of "mini- warehouses" in C-4 and Conditional Uses in W-I. SECOND READING ORDINANCE:i Change zoning classification 401-477 N.W.5th Street and 581-599 N.W. 5th Street & 500-598 N.W. 6th St., from C-4 and C-5 to R-4. SECOND READING ORDINANCE: Change zoning classification at 438 S.W. 17th Avenue from C-4 to,R-4 - HUD project.` Denial of Application to Change zoning of FEC Right -of-: Way between N.E, 42nd and 52nd Streets from R-1, R-3 and R-4 to C-1. FIRST READING ORDINANCE: Change zoning classification N,E, corner of N.W. 53 Street & 7th Avenue from C-1 to C-4: Deferral of Consideration of Appeal. by Marian Morris for carport addition at 1041 N.W. 30 Court. Grant Conditional Use to permit Development of Planned Unit Nature 2941-2951 Bridgeport Avenue and 2928 S,W. 30th Court, ACCEPT PLAT; ACCEPT PLAT; ACCEPT PLAT; Mt. Nebo Cemetery - First Addition - Section 9-A, "TWIN PAUL'S 8UBD1VISION, FICUS VILLAS. . PiPCUsslQn Pf nominee§ for APPOINTMENT TO TRF MANNINO ADVISORY kND ZONING BOARDS. itIALANCL lst Reading • R' 78-804 R- ' 78-805 R- 78-806 Ord. 8885 R- 78-807 M- 78-808 Ord. 8884 Ord. 8885 Ord. 8886 M- 78-809 lot Reading Deferral R-. 78-,810 R- 78-811. R- 78-812 R- 78-813 DISCUSSION PAGE NO 14 15 15 - 19 19 20 20 21 22 - 26 2732 33-34 34 35 36 37 38 38 - 47 TM It lax ct4 INia'taa ACT QpfNANCE OR 1ES81d1T18N ray PAGE NO 17, Authorize City Manager to submit a Housing Development Program to the.U.S bepartmetit of HIM Proceed with bond validation of General Obligation Dousing bolds of $6 'zillion, subject to UUD's approval of the City's programr 18, CONFIRMING R SOLUTION. Appointing tembets to the PLANNING AbVtsORY AND ZONING gOARbS. R= 78=814 R= 78-816 R= 78-816 48 49 50 MUTES OF REGULAR MEETING OF THt CITY CDMM1tSIDN OF MIAMI, PLORIDA On the 14th day of December, 1978, the City Commission of Miami, Florida met at its regular meeting place in the City Hall, MOO Pan American Drive, Miami, Florida in regular session= The meeting was called to order at 8:05 O'Clock P.M. by Mayor Maurice A. Perre with the following members of the commission found to be present; ALSO PRESENT: Commissioner Rose Gordon Commissioner Manolo Reboso, Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre Vice -Mayor J.L.Plurnmer 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 1,a) FIRST READING ORDINANCE: Change zoning at 126-128 N.E. 63rd St. fran R-3 to R-4. b) Grant. Conditional Use for an Eleemosynary Institution at 126-1a8 N.E. 63rd Street. c) Grant variances for setback in maiver of parking at 6250 N.E. Mayor Ferre: We are on the first item, a first reading ordinance, an application for Miami Adult Center for Retarded, to change the zoning of 126-128 N.E. 63rd Street,` from R-3 to R-4. Mr. Davis, the chair recog- nizes you: Mr. Robert Davis: This one part of the three-part item Mr. Chairman which you first heard on 9/28. It was deferred, was heard again on 10/24, was deferred from your October meeting until tonight. Mayor Ferre: All right. Mr. Davis: If you wish I can explainthe item again. Mayor Ferre: I remember it well. Anybody want to have another explanation? This is item #1 Rose. Mrs Gordon: Mayor Ferre; this before, your hands, Okay. We will accept the proponents and the opponents. We have discussed. How many people want to speak tonight on Item 1? 1A, B or C? Raise Mr, Leo Plotkin: There are 15 people for the proponents but we can get by on 3, Mr, Mayor. Mayor Ferre; All right, Mayor Ferre:Those that are proponents raise your hands, so we can see who you are= Who's for it. Okay, Those that are oponents, raise your hands, Against. Those that are against, Okay, Now, there's 3 speakers on the proponent side, how many on the oponent side? one, two, threerwokay. That's about right. 1 ) 0141978 Mr. Plotkin: With the uhderstanding that if we need more for rebuttal. Mayor Terre! but 3 ntiinutes,Y-will that suit, 3 minutes per speaker, be 3unifnuteston yourhsde/ni'haty JscaiOn total oftO a10 �i�hutes,,you have any objection to (INAUDIBLE SPEAKER rRoM AUDIENCE), MayoriFerre: I can't hear you. No, that's too much, i can't do that for you. But I'll tell you what i`11 do, We will go 3 and 3 and if you need an additional 2 minutes I'll jive you an additional 2. How's that? I'll give you a total of 5 if you need it. Otherwise we are just going to run out of time. We have an awful lot of things to do tonight. Okay. Let's start. Mr. Leo Plotkin: May it please the Commission, my name is Leo Plotkin, I'm an attorney and I represent the Miami Adult Center for the Retarded of Miami, I know this cause has been before you on a'couole of occasions. It has been a fatiguing thing to you andI would take the time to refresh your recollection if you so desire. If not I will proceed immediately to the witnesses' Mr. Mayor and I would like to call first the major property owner in the area, Mr, Peter Marks,to the rostrum for his presentation: Mr. Peter Marks: I am. Peter Marks. I have been before the Board before. We had complaints of this situation which they have controlled. They are asking. for something that I think they deserve: And they need it very bad. Also our neighborhood needs it, because we find that there is not as much vandalism, there is not as much problems, with these children as with our neighborhood children. Therefore I can't see any way that we should object to this situation. I am the biggest property owner in the area. I own the complete east side of the Center and I have 6,-7, tenants. I don't not have complaints from any of them, therefore I can't see where I can object to the situation. Thank you. Mr. Plotkin. Mr. Mayor assuming we have one minute left from the previous presenter, I wish to read into the record one of the persons that would testify for us, a letter that I received from Monsignor Bryan Walsh, addressed to Mr. Brad Scott, the executive director of the Miami Adult Center, dated December 12,--"Dear Mr. Scott, I am happy to confirm my testimony given. before the City of Miami Commission on September 28, in which I supported the application of the Miami Adult Center to establish a group home at 126 and 128 N.E. 63 Street It is time that we recognize the right of our fellow citizens with disabilities to live anywhere in our community. For far too long we have banished them to the hinterlands and in effect denied them a basic human right. Sincerely yours, Monsignor Bryan O'Walsh, Archdiocesan Director." I would like to call in that connection the Mother Superior of the Notre Dame Academy, Sister Joseph Mayor Ferre; All right Sister Joseph, we are always happy to see you, and thank you for your patience. Sister Joseph: Mayor, we were asked to testify in favor of the proposal, and one of the questions that was asked us is, if our girls or our school ever had any problems with the residents.' And in conscience I could not say that we have ever had any problems. If there has ever been any kind of, a little, point of tension, immediately we contacted those in charge,'and' the problem has been taken care of immediately. We have had no serious problems. I have been there almost 5 years and in conscience I could not vote against this or say they should be denied the right. I realize that residents in the neighborhood are con- cerned about their property, but I think we have to give the basic, decent, living conditions to people, and this project offers the inhabitants of the project the opportunity to have basic living conditions.. Thank you. Mayor Ferre; Thank you very much. Sister, Mr. Plotkin: W. Mayor I would like to now call Brenda Hall who is a resident of the Miami Adult Center and president of the resident -self-government body, along with Mr, Ron Smith their staff director, This would be one of the persons of the 4 people here tonight who would live in this duplex and I want them to tell it to you from their own mouth, Brenda? Mr, Ron Smith: I am Ron Smith and this is Brenda Hall from the Miami Adult Center, Brenda, as Mr= Plotkin said would be one of the residents living in the indepent- ent living unit, Now I am going to ask Brenda some questions and she is going to respond, letting you folks perhaps understand why Brenda and the other residents 1 2 DEC' 141978 Of Mimi Adult Center, feel that we need the independent living unit, Okay. Brenda if you would, 1 am going to ask you to tell these folks why in your opinion we need the independent living unit at Miami Adult Center. M. Gordon: Brenda, tell me why you want it, Brenda Hall: Because I would like to learn to live on my Own on the outside. Mr. Pon Smith: Brenda, if we didn't have the independent living unity do you feel that you would be able to live Oh your own on the outside? Brenda Hall: No, Mr Smith: Could I ask you to tell these folks why? Just tell them what, .. Me, Plotkin: Mr► Mayor this is precisely the reason why this underrepresented minority, in the City of Miami, needs the fullest opportunity, -the chance, -not charity. This duplex will be used as a duplex as it was used as a duplex before. The people that live here, are learning to live in the community on their own,. Without this step, between the Miami Adult Center and the eventual independent liisvtogin the .the Sunland Center ofeMiamin be a from whence all kick -back, -and that kick -back all the people in the Miami Adult Center originally came. I would like' to argue the issues with you Mr. Mayor. I will withhold them pending rebuttal if necessary. Mayor Ferre: All right, Mrs. Rockafellar. How much time elapsed? Mr. Ongie: Five minutes. Mrs. Grace Rockafellar: Mr. Mayor, and members of the Commission, I am Grace Rockafellar. I live at 814 N.E. 71st Street. I am president of the Northeast Miami Improvement Association and the Northeast Miami Taxpayers Association, but'I am here tonight as a private citizen. Mr. Mayor you made a statement two years ago, and it was repeated by Father Gibson. That statement was true then but it is far more true today, that the City of Miami is being used asa dumping ground by the other municipalities in Dade County for every kind of an institu- tion that they feel is undesirable in their own community. Now I have here a directory from the Human Resources that definitely shows that 95% of all insti- tutions, not only the mentally retarded, delinquents, alcoholic abuse, drug abuse, the half -way houses, are in the City of Miami. Ninety percent of them are in the Northeast area. Now, as you know, the citizens, the merchants, in the entire northeast area have been before you many times, have been working with you. We are trying to build the community. We are trying to restore the economy, we know the City needs it, we know our community needs it. Now,while we realize there is a strong need for institutions such as this, we think there's a stronger need that these institutions be equally distributed throughout Dade County, and other municipalities, not all descending on the City of Miami. They not only come off the tax rolls, but they lower the property values in the areas which they are in`I attended the Zoning Board meeting when the Zoning Board, in their wisdom, denied this 7 to 0. They listened to many senior citizens tell about how they had put their life savings in a small' apartment building, where they would have a place to reside and they could live off the income from the other rental unit as a supplement to their social security. But due to the conditions in the Community, their tenants have moved out, now they are stuck with higher taxes, no income, and it is really heartbreaking for those people. I attended a seminar, a couple of months ago at the Omni for the Planning and Zoning. One of the sessions, there were three people on the podium in a discussion. One of them was an official from Coral Gables, and he talked about how they were building Coral Gables, They were bringing in the different oil companies, various banks. He told about the strict regulations they had against pornography, prostitution and escort services, After this session was over, I waited for him, when we were on a break, and I asked him what they do about these institutions, these non-profit institutions such as drug abuse, mentally retarded and etc. and he said we are not interested in putting anything like that in Coral Gables. We are not interested in taking property off the tax rolls, We are interested in building a good strong financial community, Now, this is the idea they take, that people from Coral Gables, Miami Shores and all these other areas, where they won't go before their own commission and getting a toning ordinance there, they bring them into the City of Miami, and while we're trying, and been very successful in putting in new businesses on the books, --new, good, legitimate businesses on the books, because every member,every business from N.g.87 to Flagler, and Miami Avenue, to the bay, is working with 1 3 DEC 141 78. ut, including the Little River Chamber of CoMMeret. But what good does that eo, to put it on the books, when this Com itsior takes it off,=.taket property off the books. Now, the reason they eerie to the City of Miami, as we feel, they cone to the point of the lowest refinance. They feel the City Co 'nittien awe niee people, and you are,that you Are not going to torh the down, And it is ao easy to tote here and get all these done. We are it► sympathy with these people that have these institutions, but r'ie say they should be eaua ly divided throughout the county. And 1 think our taX tillage could come down at least a titil and a half or two dills if we only had our fair share, and we would appreciate locating these things it other places beside the City of Miami. And 1 thank you. Mayor Ferret Next speaker. Ms. Emma Louden: Can you hear ine? Mayor Ferret Yes Ms. Loudett. Emma Louden, at 121 N.E. 63rd Street. We the property owners, ...excuse me, Honorable Mayor Ferre, Chairman and members of the Board, we the property owners, who own and live in our homes on N.E. 63rd Street, and all of Inglewood Gardens, request and plead to you, the City Commissioners to deny theordinance change of zoning classification from R-3 to R-4. We feel as a community, that our rights, as citizens of the City of Miami, are being denied us, if a change of the zoning classification from R-3 to R-4 is granted. We bought our home in this location because we wished a quiet neighborhood, free from traffic noise and disturbing our elements, that will go along with this change from R-3 to R-4. As is, lots being only 40 to 50 ft. wide, straight frontage, are now crowded. We plead ourselves, that the Zoning Board will not change the resolution denying conditions used as listed in. Ordinance 6871, to permit an eleemosynary institution. It seems such an un- desirable location for such an activity for people in such an unfortunate state of health, who should have an environment conducive to healing with more wide-open spaces around them, where they could be taught gardening, growing flowers, plants, vegetables, and shrubbery which would give them a feeling of inspiration while watching the improvement of growth, also improved hope and life, something to look forward to. While they are improving their physical bodies, when they are growing the plants, they are improving their physical bodies and mental development. They can be taught to sell the plants and flowers they grow, also learn to count money. In this wide-open beautiful space, with the living quarters, training buildings, recreation halls and athletic field are all located, would keep them from crossing dangerous streets,catching a bus, or being on the streets. They should be able to have exercising equipment' for development of their limbs and bodies as well as minds. And please, you the City Commissioners, try to understand how un- fortunate, if the, Zoning Board's resolution denying variance from ordinance 6871, Article 8, Section 3.2C and Article 23, Sec. 410 to permit operation of a eleemosynary institution. On this property as per survey and plans on file, providing 15 off-street parking spaces, 48 required, where 33 cars would have no place to park with 8.97 ft. east side yard on lot 18, 20 ft. required, over 11 ft. short of enough space. And as more patients are taken in, and training classes are organized, the supply trucks, in and out of the property, plus the cars that need paking spaces, the traffic would increase, which means the lives of the patients would be in more danger. Mayor Ferre: How much longer do you have to go here? Ms. Louden: Well, let me read two more pages anyway. Mayor Ferre: Okay. Ms. Louden: Let me see where I was, now, Mayor Ferre; Sorry, MS, Louden'he crowded conditions there seems to be encouraging immorality and it seems paramount that the City encouraged the group sponsoring this charity find another location where they could give these patients better envirpmnent and a wore healthful training facility, It is not fair for these unfortunate citizens not to be protected from immoral influences, nor be 9 DEC14 191 restricted to such small areas. These patients need help, supervision and training an how to live and enjoy life. They need moral protection very badly and now, We as taxpayers and cititets, are requesting you, our City Cott isaianers to deny the ardinatee for change of the toning classification from tt.,3 rb It .. Also deny any furtht.r expansion at buildings, driveways in or out, parking, Or any privileges on the N.E. Ord Street residehtial, and Miami Gardens area section. tet it stay as is. "rank you very much. Cod bless you Mayor Verret All right. Ate there any other apeakers? All right, on rebuttal, counselor. Mr. Plotkin: i would like to offer a few remarks of rebuttal, First of all I wouldlike to call Ms. Stephanie Whitmore, the Retardation .Programs Supervisor for the Department of health and Rehabilitative Services in this district 11. under question of whether 90% of the institutions for the retarded are located ih the North East section of the City of Miami, Ms. StephanieWhitmore: The Retardation Program Officein district 11 serving Dade and Monroe counties, has the majority of their facilities, group and foster homes, not institutions, centered in the Opa-locka area just outside the State institution, Stlnland Training Center. Mayor Ferre: All right. Mrs. 1tockafellar, I'll recognize you in a moment if you want to make a statement. But let them finish first. Mr. -Plotkin: I would like to say, secondly, that:with respect to:the slanders placed upon the retarded people of this City, I think is time that wehave to stand back and defend the fact that their handicap should not cast moral aspersions upon their character, and I asked the four retarded citizens who will live in this duplex along with four others, to stand before you tonight and tell me, do they look immoral? Stand up-, Steve, Thank you. I don't believe in public trials of whole groups of peoples. Mrs. Gordon: How many will be the occupants? W. Plotkin:, Eight.:A total of eight, four to each independent unit, Commissioner Gordon AM if you've had an'opportunity to go out and see this facility, and see its condition, and see the newness inside, the new carpeting, the new drapes, the new' kitchen, facilities. You'will see that it isa credit to the community` and that it is not a reflection upon the economic values. I wish to say with respect to certain other issues, and that is the old drum of taking the property off the tax rolls.` Let me say to you, yesterday, you' were down dedicating property to:put on the tax rolls, and tonight we are asking that you take property:off the tax rolls. It is part'of a total City. You are not building an enclave in the City of Miami,` within the'County of Dade, or the North East section as an.enclave within the City. We know that you have passed an ordinance on September 28, an-R-2 zoning, which will, disperse residential duplex facilities -for the development of disabled people. But let us look'at the real `issue about the economic`impact. It costs $18,000 a year to keep a person at the Sunland:Training Center of Miami. Itcosts $9,000 a:year, if they are unemployed, to keep them in the community. But what is the difference? Not.just money? Not just an appeal to your pocket book, but the very:fact that these citizens can grow. Two of these Citizens' are employed,, --fully employed,: productive citizens, and that's what we intend to create in this model here, by trainingpeople to be ready for life in a community and:to let their label of retardation disappear. Mayor Ferre: Thank you sir. All_right,i will the administration reiterate for the Commission their recommendation. firs.-Rockafell.ar. I'm sorry..I .was going to recognize Mrs. Gordon and then Mrs. Kockafellar and then the administration, Mrs, Rockefeller; T4e lady disputed my argument that 90% of them are wale North East Miami. l received:this directory, the latest one published, from the office of Human Resources. I_'il be glad to give it to you. It lists them,.-' lusts their location where they are. All you have to do is count. Mayor Ferro; Wcuid you look at the book and see,.... Mrs Rockefeller; i got itsfrQW the Human Respwrces. Mayor Petret.* if We Ate getting the samefacts from the same places? I think she qualified her statement. She didn't say institution. She said, . Mrs. kockafeilar. We consider facilities of institutions,...miaybe I used the wrong thing. But this is the one I got, and you said it was your latest directory. I Balled this last week attd they said they weren't sending them out anytnote. go this is the latest one, and if you go through this, you will find that 95% of all of theta that are listed, snow we are taking all of them,-., ttot just mentally retarded. We ate taking drug abuse, alcohol abuse, halfway houses, and mentally retarded, mentally retarded delinquent, We are taking all of them. And if go through these and count them, you will fitid that 95% of them are located td thin the City of Miami. Ninety percent of them are located within the Northeast area, the Northeast section of the City of Miami. I went through this and had it checked by somebody' else to make sure I was right. And I got this from your Office. Mayor Ferret All right. Can we now get a count from the administration? Mr. Grassie:'Mr. Whipple will count it,Mr. Mayor. Mr. Whipple: Thank you Mayor and members of the Commission. Mrs. Rockefeller has a certain point to make and we do not dispute this point. As a matter of fact, we are committed pursuant to the Planning Advisory Board recommendation, to investigate and study the particular problem that she has put before you this evening. However, our point is with issue before you this evening. I would hasten to point out that we have an established facility that exists in the area. Lots shown in yellow are part of the establishment, and lots 7 and 8 also fronting on 62nd are also part of the establishment. This is a facility that has been there for a number of years. It has been endorsed and improved, if you will, by this Commission and the Planning Department, and what is being sought here tonight is the expansion into a duplex unit for the facility that had been described. We see no problem with this expansion. It is a controlled expansion, the facility exists and we recommend approval on this item. Mayor Ferre: All right. Questions from the members of the Commission. Mrs. Gordon: There's a gentleman standing in,.... Mr W. Kory: My name is W. Kory. I live at 157 N.E. 62 Terrace, and I've lived there for a number of years before the retarded center got in there, and it was a nice, quiet residential section But now with the trucks and traffic, and the kids running forth and back,it's anything but quiet. But anyway they have a workshop,- it's about 4 blocks away, up the street --where, they use their pushcarts and trucks to cart their ware forth and back all day. long. And the kids go up and down the street thereto work about four times a day, and they cross Mrs. lawn for a short-cut. They also, when they've got time,those that don't work, they stand on the corner of N.E. 1st Place No. 2 and they don't know what to do with themselves.. Practically all day long there's, some of them loafing around there. They don't seem to have much supervision. But anyway, that isn't the main thing. We can put up with that. We are used to it now. But the main thing they want to put a driveway on 63rd Street and a parking lot. I don't think that should be, in front of those nice residential property, and spoil the street and they have to pay their taxes. And the noise of the cars and trucks that would be running around there, I don't think would be very pleasant for them all day long. Thank you very touch. God bless you. Mr. Plotkin. Mr, Mayor,' may I respond briefly? Mayor Ferre. Briefly, then we have to get on. Mr, Plotkin. That workshop that Mr. Kory was referring to with the carts go up and down, earned a hundred thousand dollars last year, of which fifty-five thousand dollars went to the residents, upon which taxes were paid. We believe that the parking objection raised is not valid, We do not seek any- more parking, There are three spaces immediately in front of the duplex, We have no drivers that will be occupying the duplex, so parking is not a =Pr issue, 1 Mayor Pate: Ali right. Thank you. Any questions from the COMMi4bihh then? All right, what's the will of this Co ieeion Mrs. Gordon: I'm ready if you are Mr. Mayorr, Mayor Ferro: Mrs. Gordon Mrs. Gordon: Ladies and gentlemen, fellow Commissioners and Mr. Mayor, for a long time on the books for us, to come to this evening, and I have been the ale that asked for the deferment at the previous hearing, i wait to say that it my opinion, those of us who are in government, and those of us who. ate as concerned with the human rights of people,and this is an eXpressiot that our President likes to use a great'deal,...could hardly Close their eyes to the situation that exits that we are being asked to approve tonight, because in my opinion,this is not the source of the irritation that the people of that neighborhood` had felt, the source of the irritation that the existing facility seems to have brought about. in my opinion, the duplex is an elevation, beyond the institutional type of care that _- y yp people have been receiving and those people who have graduated, and ate now capable of living inthe :semi-independent. atmosphere, in, my opinion should be encouraged and applauded. I therefore Mr. Mayor, want to applaud people who are sponsoring this program, and encourage them to find other locations for additional persons that you could graduate into semi-independent living, and hopefully some day independent living. And therefore on Item 11 A, I would like to move approval. Mayor Ferret. All right, Mrs. Gordon moves approval on item 1A. Is there a second? Hearing no second,....is there a second to Item 1A? (Mr. Reboso returned at 8:55 P.M.) Mr. Reboso You are recommending approval? Mayor Ferret She's moving for approval. Rev. Gibson: Mr. Mayor I heard what Mrs.Rockafellar.said in quoting, me. She'. was correct. I was out in the area late yesterday, looking at the property. I was worried about whether or not additionally on; that land. But you said no. Isn't that what you said 7 Mr. Davis: What they are doing Commissioner Gibson, is to use the duplex which is on the lot which is under consideration for, change of zoning, and expand the use of the retarded center into that duplex. So there is no new construction being considered. Mrs. GordonsIt's a living -quarters atmosphere. It is a home atmosphere. Its a step above the kind of living quarters that takes place within an institution, where the more -retarded, the ones'who need more supervision are kept. Am I'correct in that? Here you have the opportunity, and I'm confident,. -..I'm positive that the institution' will do everything in their power to prevent irritation of the neighborhood. And I would hope that they would also: take 'not e:that the irritation factors that brought the people here tonight, and try to correct some of those, if they are existing in fact, Rev: Gibson: I second: May or Ferre: There's a motion and a second. Is there further discussion on this? All right,;call the roll. Mr. Plummer: Under discussion, --fir, Mayor under discussion, let'me merely interject that I will be voting against the motion, and the reason for. I recall that some years ago,(I guess more than'1 liketo remember), when this facility was placed in the present location. I was for the facility, and,voted` for the facility and if in fact there was not a facility there at the present titheI would vote again. I have no qualms about my previous vote. tut I think that you tan overdo a good thing and burden a particular- neighborhood. I think the facility which they have there is a good facility. It does fine Work. Put I don't think that it is right and fair to ask one particular neighborhood to allow the fac..ity to expand, and expand, and. expend, that everybody should share their load, Everybody should in fact do what this cOmMunity needs to do as 1 did when I voted to put this facility there years ago. Eut I do believe there is a limit, and I think there's fairness, and because of that wy vote will be reflect€d in the negative, 1 Mayor 'erte: Ail right. Any futthtr atatefents Oh thisl Cr questions/ Mrs, Ootdoti: Vest attd in fairness. in 'fairness i voted fo't it originally and I don't fag adding 8 people trot the present facility into the duplex is expanding, and empanding and expanding. It is not expanding. The duplex is there. Eight people that you probably wouldn't know the diffetente if they walked pact you on the street, ate going to be living in a duplex. I eannet understand, J. L. and it's trot ditetted to you individually, the thinking of Anyone who can lump the conditions that we ate discussifig'tonight into an overall blanket stoup of institutions and institutions, and institutions. Ail due respect to you, Grace, because you know, we agree and disagree on different subjects, But in this subject, I feel the extension is Minot. The eXpansibft is really no expansion. It is just making available a different kind of treatment for 8 people, That's all, Attd it's an existing building and no flew construttionx. There is no vacant land that they would be acquiring. I don't think they have at intention of acquiring any additional property it that area, Mayor Ferre: All right. Further discussion? Call the roll please, Ms. Maer read the ordinance by title, AN ORDINANCE ENTITLED: AN ORDINANCE AMENDING ORDINANCE NO, 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOT 18, BLOCK 6, INGLEWOOD GARDENS (13-57) BEING 126-128 N.E. 63RD STREET FROM R-3 (LOW DENSITY MUTIPLE) TO R-4 (MEDIUM DENSITY MULTIPLE); AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION. IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTION, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION, Was introcuded by Commissioner Mrs. Gordon and seconded by Commissioner Gibson, and passed on its first reading by title by the following vote AYES Mrs. Gordon, Rev. Gibson and Mayor Ferre.* NOES: Mr. Plummer and Mr. Reboso. ABSENT: 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. ON ROLL CALL: *Mayor Ferre Now, that puts the decision upon my shoulders and I want to explain howl feel. On the one hand, I:sympathize with the request of a worthy institution. It certainly has my respect and that of every here,. On the other hand,Grace Rockafellar, is a person whose Opinion:I very much respect, and I think I'm heavily guided by her advice and opinion. However, in this -case, I must 'disagree with her. I want to explain the logic behind it'. If I were voting on this facility, I'd probably vote against it if it were before us at this time in this neighborhood. However, I'm not voting on that. Our vote tonight will not eliminate that facility in that location. The facility exists. The question therefore is, whether by allowing them to use a duplex which also exists,,they will not be constructing anything else, will we in any way enhance and improve the facility on -the one side, and will be on the other side, do irreparable damage to the neigborhood? 1 don't see that by two duplexes with 8 individuals who are on the way to becoming, as the distinguished lawyer has said, just regular citizens without distinction' and classification. Now that we would be doing great harm to society, including that particular neighborhood. So, therefore in conclusion, I do not think the intefrity of the neighborhood is greatly impaired at this juncture, and if it was impaired it was impaired by the original vote, and certainly not by -this minor change, Now, I think on the contrary that this change improves the facility and I think that perhaps puts a greater burden on those who are responsible forthe community to make sure that'peace and quiet of the peighborhood ate maintained. I:want to, in -vroting with you, since 1 am the awing,vote, end therefore by voting with:you l,am going to great this request, admonish the leadership, each end every one of the participants, end those of you that ere neighbors that are here tonight on behalf of this change of zoning for theMiami ', du .t center for the Retarded, that you are assuming, with this te4uest that is being granted, a ma3or. responsibility, not only to fte,attioh is the least of it, but to the Community nd especially to the neighbors, These people ate entitled to live in peace in their neighborhood, and whatever disrupts that peace, is a breach of what 1 thihk is a right that all Americans, and certainly Miamians here, to live in peace itit their homes, So this is a responsibility that you assure this evening,. And with that, 1 vote 'yeti, Mrs, Gordon: Item 14, I move approval Mayor Perre: We have 14, Mrs Gordon tdoiies Esther Gibson seconds, Further discussion? Call the roll. The following resoltitiott vas introduced by Commissioner Gordon, who moved its adoptions RESOLUTION N0, 78r-804 A RESOLUTION GRANTING VARIANCE 1'ROM ORDINANCE 6871 ARTICLE VIII, SECTION 3:(2)(c) AND ARTICLE XXIII, SECTION 4(10), TO PERMIT THE OPERATION OF AN ELEEMOSYNARY INSTITUTION (MIAMI ADULT CENTER FOR RETARDED, INC.) ON LOTS 1 TRRU 5, THE N 100' OF LOT 8 AND ALL OF 18, BLOCK 6, INGLEWOOD GARDENS (13-57) BEING 6250,N.E, 1ST PLACE AND 126-128 N.E. 63RD STREET, AS PER SURVEY AND PLANS ON FILE, PROVIDING 15 OFF-STREET PARKING SPACES (48 0.S.P. SPACES REQUIRED), WITH 8.97' EAST SIDE YARD ON LOT 18 (20' REQUIRED), IN CONJUNCTION WITH CHANGE OF ZONING AND CONDITIONAL' USE APPLICATIONS; ZONED R-4 AND R-3, PROPOSED TO BE REZONED'R-4. (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 AYES: Mrs. Gordon, Rev. Gibson. Mayor Ferre. NOES: Mr. Plummer and Mr. Reboso. ABSENT: None. ABSTAINING: None. Mayor Ferre: One-C? Mrs. Gordon One-C I move approval. Mayor Ferre: Mrs. Gordon moved. Father Gibson seconds. Call the roll. The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO. 78-805 A RESOLUTION GRANTING CONDITIONAL USE AS LISTED IN ORDINANCE 6871, ARTICLE VIII, SECTION 1 (1) (f) TO PERMIT AN ELEEMOSYNARY INSTITUTION (MIAMI ADULT CENTER FOR RETARDED INC.) ON LOT 18, BLOCK 6, INGLEWOOD GARDENS (13-57) BEING 126-128 N.E. 63RD STREET, AS PER SURVEY ON PILE, AND SUBJECT TO A CHANGE OF ZONING CLASSIFICATION FROM R-3 TO R-4 (Here follows body of resolution, omitted here and on file in the Office of the City C/erk.) Upon being seconded by. Commissioner Gibson , the resolution was passed and adopted by the following vote- AYES: Mrs. Gordon, Rev, Gibson. and Mayor Ferre;MOBS; Mr, Plummer and fir, Reboso, ABSENT; None, ABSTAINING. None. 1 CRAMP' MAMIE in 'tb ldtAS GARDEN§" plat. (Prod "bouglas Gardens housing" to 'Douglas Gardens Amended"). Mayor Ferret toe ate on item 4#2t'm sorry. Rose, do you t.th t to bring up, Mrs.Gordon: Yes. The Douglas Garden Dome and Hospital have a corrected ordinance, regarding legal description.tf you vould just read that and pass it,.... Mt. 'Davis: This is in your package as the last item, but it is not on the agenda. It Came up too late for us to put it on the agenda, Mr. Mayor. Mayor Ferre: Where is the item? Mr. Davis: It is not on the agenda, sir. Mayor Ferret You got a piece of paper? Davis: Yes, sir. It should be the last piece of your package. Mayor Ferre: Oh,I see it. This a recorded plat, Douglas Gardens Amended. Mr. Davis: Yes, sir. Mayor Ferre: Does anybody have any objections to this,... Mr. Davis: They are changing the name on this, and changing one line. It is a very'minor change on this. Mrs. Gordon: I'll move it. Mayor Ferre: Mrs. Gordon moves. Father.Gibson seconds. Mrs. Gordon: Oh, it is not an ordinance. It's a resolution. Mayor Ferre: A resolution. Further discussion? Call the roll. The following resolution was introduced by Commissioner Gordon moved its' adoption: RESOLUTION NO. 78-806 A RESOLUTION AMENDING RESOLUTION NO. 78-523 BY CHANGING THE NAME OF THE PLAT ENTITLED DOUGLAS GARDENS HOUSING TO DOUGLAS GARDEN AMENDED (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- AYES: Commissioner Rose. Gordon Commissioner,J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice Mayor 1anolo Reboso Mayor Maurice A. Ferre Mrs Davis: Mr. Mayer, it tsy, t Mayor petre WAit a minute. Does anybody have any kind of emergency? Anybody have to cater airplanes, bt have to go to a hoepital, of soiething? Who hat an emergency. Mrs. dordont Excuse me. Was a representative from toughs dardens,...okay. 1. didn't see you, so i thought you had left. We have already acted on it and you Are finished: Mayor Ferret What is the nature of your emergency? Unidentified persona I have to catch a plane at 11 o'clock. Mayor Ferret What were you on? Unidentified person: I at on the text item Mayor Ferret Item two? Unidentified person: And theft item 9. Mayor Ferret Then let's take, them up one at a time, be next because you are Number 2. So let's do that. SECOND READING ORDINANCE: Change zoning of approxiamtely 2100 South Dixie Highway from R-1 to R-CA Mayor Ferre: This.is an application by Southeast Properties to change the zoning of approximately 2100,....again? Mr.Davis: This passed on first reading Mr. Mayor, Unidentified: This is second reading. Mr. Davis: ..with the suggestion that the applicant make a trade-off of property with the City. This has been accomplished with the Law Department and Mr. Lacasa. Mayor Ferre: Are there any objectors on this item here? Mr.Davis: And there is a resolution just placed before you, which is to approve the acceptance of the property which they are donating to the City. Mts. dotdoht To be epeoifie, in reeding the legal desctittiiti I want you to explain to me why we ate disauesing the East I7,4/2 feet of the Wiest 1' i/1 feet instead of the total? Mt. Davis: Out tftgineeting Department... This it merely the its which the applicant has been willing to.. Mrs. Gordon: Point to it oh the map, please (BACKGROUND COMMtNT OPP THE PUBLIC RECORD) Mrs. Gordon: yes, but that not the property that you are pointing to not it. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mrs, Gordon: Ok, Not1, what you are talking about here... (BACKGROUND COMMENT OPF THE PUBLIC RECORD) Mrs. Gordon: Well, it doesn't say that. Mr. Davis: No, I think it does, it says less to the South one hundred feet on it. Mrs. Gordon: Ok. Let's go through this legal because when I read that legal it wasn't... I tried to lay it out, we didn't have any maps that had the lot numbers on it, but. Mr. Lacasa: There has been a previous dedication there as I explained to you of twenty feet on the Western side. Mrs. Gordon: Yes, you did, but he doesn't. Let him explain, it's got to get into the public record. The 17-1/2 feet begins at what point? Mr. Davis The East 17-1/2 feet... it doesn't begin. say it takes the West 37-1/2 feet. Mrs. Gordon: Ok, alright, do that. Take the West 37-1/2 feet. Put your on it. Mr. Whipple: Commissioner Gordon if I may. The map does not that the West twenty feet of lot eighteen... Mrs. Gordon: Which one is lot eighteen, we can't see numbers Mr. Whipple: Bob, would you show, eighteen there? Mr'. Davis: Eighteen is the Westerly lot, Mrs. Gordon., Mr. Whipple: As a private lot... Mrs, Gordon: Ok. Alright, the whole thing is from C to 3? Mr. Whipple: As a private lot the West twenty feet of lot eighteen has already been dedicated. In order to describe the property of which we.,are suggesting that we pay off with the applicant. In order to describe it in a term of lot eighteen, we are saying the West 37,5 feet... Mrs, Gordon: Yes, Ok , I understand that, but what you are telling me is that there has been twenty foot dedication perviously, previous to this applicant's involvement? (BACKGROUND COMMENT OFF TRR runic RECORD) Mrs.! Gordon. What was it dedicated for, street widening? Mr, Whipple. l would assume that, yes, Mrs. Gordon: Well. does that then Haan that lot eighteen ss a building site went have the full one hundred feet On the Secofi site? Mt. Whipple: i would assume that is dorr et Mrs ► Gordon: Mkt Mt bavia: it's 73 Mt, Whipple: ltWS 72 feet as a tatter of fat. Mts. Cordon: ok, but it will nct have 72, it will only have 52, will that make it a problem fdr developtent/ Mr. Davis: Not as a single family Site► Mr. Whipple: That is correct. Mrs. Gordon: Why, you don't have six thousand square Mr, *apple: As a platted lot there would be no problem with that dedication is before the necessary right-of-way... Mrs. Gordon: You are sure nog? T mean, you know it, he should, but.. Mr. Davis: There is a representative here from the Building Department verify this, Mrs. Gordon. Frank? Mr. Williams: It's a building site even though it isn't (END OF STATEMENT UNINTELLIGIBLE). I have no problem with issuing a building permit for lot eighteen is dedicating. Mrs. Gordon: It doesn't have to be replatted then for that Mr. Williams: No, it's already platted. feet in it? unless the I shouldn't be Worried about Who can thing? Mrs. Gordon: Alright, therefore the 17-1/2 feet that we are now discussing are the... above it to the North. Ok. Approximately 1/2 of the width of that lot is being removed? Mr. Davis: Well, not 1/2 of it, 1/2 of it if you include the total of twenty... the twenty feet that was previously dedicated. Mrs. Gordon: Between the twenty feet and it's pass seventy-two, ok. Alright, let's go on then. Mr. Davis: The Law Department has prepared the resolution to transfer by quick claim deed the triangle to the North that is before you now to... as well as the second and the revised second reading of the Ordinances before you also in your package. Mrs. Gordon: And the dedication of the seventeen feet has been made to the City? Mr. Davis: This has been worked out with the Law Department, I -believe. Is that true Ms. Maer? Mrs. Gordon: Well, when will we be acting on the exchange of properties? the City Manager to accept (END OF Ms. Meer: As soon as the City Commission authorizes STATEMENT UNINTELLIGIBLE). Mrs. Gordon: It will not be tonight then? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mrs. Gordon; Do you have it ready? Ms. Meer; Yes, l have it. Mr, Laoasa, We have our warranty deed ready already.., Mrs, Gordon; Mayor Terre; Gibson; Ok, fine, I will move it, We have n motion on item 2, is there a second? Second. l+ Pet fa tat Pathtt Cibaaft meth, is theta full at di maim Off it@ Aitight, tail tht t 1r tali tha tali, AN °ORDINANCE ENTITLE AN ORDINANCE AMEI41NG ORDINANCE NO, 6871, TEE COMPRtHENSIVt 2ON1NC ORDINANCE PORT CITY OP MIAM1, BY Ci ANGING TEE ZONING CLASSIPICATION Of LOTS ll t 12 AND .13, LESS Tt4E SOtiTHtRLY 140,90 PEET AND LOTS 14, 18, 16, AND 17, LESS TEE"SOUTH 100 FEET, AND LOT 18 LESS Tt3E SOOTHtRLY 100 PEET AND LESS THE EAST 17,828 FEET OP TMt %an 27,888 PttT ALL O` BLOCX E, BISCAYNE PARR TERRAC! (2/86), BEING APPROXIMATELY 2106 SOUTH MXIE tiICMWAY, PROM R-1 ONE 'FAMILY) TO R-CA (RESIDENTIAL D ICE), AND tT MARING Tait NECESSARY CHANCES IN THE ZONING bISTRICT MAP, MAbt A PART OP THt SAID ORDINANCE NO, 687i, BY'REPERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THtREOP; BY REPEALING ALt ORDINANCES, CODE' SECTIONS, OR PARTS TREREOP IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Passed on its first reading by title at the Meeting of. November 11, 1978, it was taken upfor -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 (Rev.) Theodore.R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. SAID ORDINA.NCE WAS DESIGNATED ORDINANCE NO. 8883 The City Attorney read the ordinance into: the public record and announced. that copies were available to the members of thel City Commission and to the Public. Mayor Ferre: Now, on item 119 which is an appeal 119 present? are there any objectors to item Authorize City Manager to transfer by Quit -Claim Deed a certain property as legally described in Resolution 78U07 to SOUTHEAST PROPERTIES, INC. and to accept Warranty Deed from SOUTHEAST PROPERTIES INC. o behalf of the Citynnveying real property also legailt aescribeo in aforesaid iesolu io . Mayor Ferre: UNIDENTIFIED SPEAKER: May we have consideration of a resolution returning the land trade off? Mayor Ferre Well, where is that? (BMCKGROUNA STATEMENT INAUDIBLE) Mr. Davis: That was just handed out to you as the"item was heaird, Mr. Mayor, just prior to the item's hearing, we just laid it on your desk. (BACKGROUND STATEMENT INAUDIBLE) Mayor Ferre: Well, where is it? Mrs. Cordon; Oh, yes, it's here. That's it. Mayor Ferro; It's a resolution? Mr. Pdvie; Yes, sir. Mayor Terre; Alright, Mrs. Gordon moves this resolution,... 14 Mrs, Cordon; Yes, 1 vitt move 1t, DC C 141976 Mayor `dt td s and father 'Gibson sands it and it daest'i't needs to be reed ► it's entitled, at the begin ittg of the Resolution. Anthori2ittg the Managers to Iran§fete by Quit*'Clair beed the property legally described as the portion of Southwest 14th of the Northeast 14th of Section 15 Township 54s Range 41E, bade County, eto► Alright, further disoussiot, deli the roll, The following resolutiot was ittttaduted by COMMiddidner Gordon, who roved its adoption: RESOLUTION NO► 78-807 A RESOLUTION AUTHoRI2ING THE CITY MANAGER TO TRANSFER BY QUIT -CLAIM bttb THE rkortRTY LEGALLY bESCRIEEb AS: A PORTION OF THE SW 1/4 OP THE NE 1/4 oP SECTION 15 TOWNSHIP 54S RANGE 41E, DADS CoUNTY,.PLORIDA BEING MoE PRATICUtARY DESCRTBEb AS FOLLOWS: BEGIN AT THE NW CORNER LOT 11 BLOCK E $ISCAYNE PARR TERRACE sUBbIVISioN AS RECORDED IN PLAT Hoof( 2.AT PAGE 36, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, THENCE RUN N 00° 12'00" E ALONG THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 11 TO ITS INTERSECTION WITH THE SOUTHERLY RIGHT- OFF -WAY LINE AT SOUTH DIXIE HIGHWAY, THENCE RUN 70 12'14"W ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF SOUTH DIXIE HIGHWAY TO ITS INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 12 OF SAID BLOCK "E" BISCAYNE PARK TERRACE 2-36, THENCE RUN N 89° 59' 28'E ALONG THE NORTH LINE OF SAID LOT 12 TO THE POINT OF BEGINNING CONTAINING 741. 80 SQUARE FEET MORE OR LESS, TO SOUTHEAST PROPERTIES, INC., AND TO ACCEPT A WARRANTY DEED FROM SOUTHEAST PROPERTIES, INC. IN BEHALF OF THE CITY OF MIAMI CONVEYING THE REAL PROPERTY LEGALLY DESCRIBED AS THE EAST 17.5 FEET OF THE WEST 37.5 FEET, LESS THE SOUTH 100 FEET THEREOF, OF LOT 18, IN BLOCK "E", OF BISCAYNE PARK TERRACE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, AT PAGE 36, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: NOES: None. Commissioner J. L. Plummer, Jr., Commissioner Rose Gordon Commissioner .(Rev.)'. Theodore R. Vice -Mayor Manolo`.Reboso Mayor'Maurice A. Ferre ,' Deferral of Consideration of Application by.ROGELIA RODRIGUEZ to permit completion of a Family Room Ad- dition at 2265 N.W, 5th Street. Mayor Ferre: Now, Counselor you',ve got #9 and you've got to catch a plane. The problem, of course, is that it is controversial and we may not be able to take it out of turn, so let's see... Now, is there anybody here who is opposed to item #9? Yes, sir, you are an apponent. Are there any other apponents to item #9? You are the only apponent here? Alright, this an appeal: by Rogelia Rodrigues. the Zoning Board denied the Variance to permit completion of a family room at 2265 Northwest 5th Street, The Planning Department recommended denim-, The Zoning Board recommended denial. There are eight objectors by uiai1, Alright,,,, }is one objector present` here,- there are thirteen replies _ in favor by mail, Alright,.RR ttr. Davie: flr. Mayor, in explanation of the Zoning Board action on this matter, It was found that no permit was taken out for this addition and the addition was constructed illegally and this was being taken up after the fact. The Zoning Board 15 has takeh the Stand of being firm en these utters at thin paint atd denied the applioatidn fist the variance, Mr. Plummet: What is the variance?. Mt, tavis: The variance is tot 114/2 font rear yard with a 1,6 foot separation ftotn the etisting utility shed. Mt, Plummet t Say it again. Mt. Davis: Fir a).1=1/2 fi5ot- rear iiit� shedtWheretten feit eti3.sdand tot re�uired a j*l/2 foot separation for an e�cisting ut y , In other words, it was built too close to the teat line and to close to an existing utility shed~ iteV, Gibson: Too close to an existing what? Mr Davis: To a utility shed and too close to the rear lot lite, Mr, Plutnmer: But the utility shed is on his property, Mrs, Gordon: How many of these, applications.. not ever, applications.,, How many. of these additions are coming to the attention of the Building and Zoning Enforcement Division in the City of Miami? Mr, Davis This is the Department that brought this to the Board's attention. Mrs. Gordon: Pardon me. Mr. Davis: The Building Department initiated this action literally by forcing the applicant to come before the Zoning Board, they discovered this as being done illegally. Mrs. Gordon: Frank? Mr. Williams: (NOT USING THE MICROPHONE).,. I wouldn't say there is a great many of them, but there is a lot. There are quite a few of those residents concern. Now, these are two. this is one, there are two on the agenda with Building and zoning violations. (INAUDIBLE) Mrs. Gordon: Well, I don't know how we handle the situation in the City of Miami, but apparently,it's not directed you directly, but it is in a way because you are just one of the many people who are going out on weekends and doing what they just feel like doing and they are disregarding entirely the rules and regulations of the City of Miami. And I recall many years ago we used to call ourselves a Pardon Board... whether you were on the Planning land Zoning Board, that they would come: in and say "hey, look, we did it, ok. Forgive us and let us go. But, now it appears to me and I am inclined to think there are quite a number that don't come to your attention Frank, that are becoming a practice to the City, that violating the law is contemplated as crossing a street_ and I don't know how much of this we ought to just pardon. I think we have tostart getting firm. Mayor Ferre: I agree,Let's hear from them so we can get out of here. Mr. Williams; By the way,realizing the problems,the Building Department has scheduled aSaturday activity (INAUDIBLE) and we put a crew in the field working straight weekends. (INAUDIBLE) Mrs. Gordon: On a weekend. I know that's when most of the activity is taking place. Mr. William: And we are going to start putting them out in the field again Mr, Whipple; Commissioner Gordon, it's been a practice and l think Mr. Pavis can verify this, I think we are averaging a.., or we have at least one a meeting if not two and 1 think we had the occasion of having three of these items before the Zoning Board that are (NOT USING TNB NICROPBONR). Mayor Ferro; Ok, Mr. Lacass, let's hear from you and then we will., ►,, Nr, Lacasa; Mr, mayor, you want wy,,. Mayor Ferro: Yes, sure we want your na� on weekends. 1 16 DE 141 78 tr, becese. Oki I'm Armando ba'Casa 01 Southwest ist Street, Minis Mr, Mayor we share Mrs, Odtdoti's colder abouttepetitioh end the violation of the Code and the fact that we recognise than the City has to enforce the Lade and there is na reason whatsoever why this shouldn't be, What we have tonight here is one of those situations and % at hot going to base this presentation Oh the usual claim of lack of knowledge of the law and lack of knowledge of the regulations We name the dituatiah of humble people who reiativelybuild, , , spend about two thousand dollars in building tateriais which is their savings for about five years, built this 'WM fat the purpose of keeping shelter to Ahhthet relative .._..ww�w..: _ cognize the fact that the City,ess t said before does h Ve� to etiforde this Ws have two Violations of the erditance here of the Code, l have dicussed with Mrs. ttodriguez this in depth and she has realized that she has dote strong. What we propose, now, is this. These two vihlat{ons we have is the teed for the variance on this existing utility shed which is ott this.,, oft the lot, it's a complete utility shed that has been built there and has beet there for years acid they are using it. The other violation concerns the setback here ot what should be the East side of the property. We can do nothing in relation to the second one, however, the owner of the property Mrs. Rodriguez recognizes the fact that she has done wrong andis proposing to this Cotmnission.that she will be willing to demolish the utility shed, thus, disappearing at least one of the violations. So what we are pleading now here with the Commission is to have compassion on the second one and she is taking a sacrifice, she is taking economic loss on this because as I said before this utility shed is not something build out of wood It is a complete utility shed of large dimensions and she is willing', to demolish this in order to have one of these violations disappear.- And if the City Commission will be compassionate enough to take this into consideration and dispense with the second one, we would have this situation solved. Mayor Ferrer Alright, we will listen to the gentleman who rose in opposition now. Mr. Martin: Ladies and gentlemen, my name is Lloyd Martin and I'm a public school teacher here in the City of Miami. I live at 2262 Northwest 4th Terrace which is one block away. This house is zoned for a single family, as of this moment there are six women and one man presently living in the house. I understand that there will be six more before Christmas, plus one coming from Spain. This is not a Motel. We have had three additions onto that house and not one building permit ever issued. They closed the porch into two bedrooms and no permit. They poured a concrete platform across the back of the entire rear of the house, walls. are up, roof is in, no permit. They made an addition pinsthe rear of the the time trucks property which is detached from the house, no ermit. At thedaily deliver building materials and they are stored inside that house. Apparently, it is still going on. It appears that there are still alterations being made to the inside and the outside of this house. We urge that you uphold your Zoning Board,and order them to tear down all of these additions that have been made to this house illegally. Thank you, very much. Mayor Ferre: Thank you, sir for your statement. Mrs. Gordon: How many bedrooms are in the house now? Mr. Lacasa : Mayor, Ferre: Lacasa: Mrs, Gordon. Mr, Lacasa; Mrs, Gordon: Mr, Lacasa; Mayor Ferrel Mr, Laeasa; the fifth, Mrs, -Gordon; Four bedrooms, four bedrooms. And there are six people living there, you said?. Six people living there. How long has she owned this property? She has Owned the property for two years. How many bedrooms were in the house when you bought The sane number, four bedrooms, Four bedr'ootins, Four plus the addition, The addition is the one we ere discussing now, The addition will ba grin% it wowi.d be necessary for us to inspo �i the property? this property, DEC 14 1978 yor Pette: t think so, i don't know hots in the world you get stuck t lth these eaae s y Ott LACAsa r off. badasa: Aa t said befate.., (tAtRGRO iMD COM MI OPP tit PUTALlt kttOkt) Mt. Laoasa: As I aatd before Mr. Mayot, t do tec6gni2e the fact that tie are dealing here with a situation itt'which the City of Miami is very oondethed about it. And t have eitplained this at letigth, , . , Mrs, cordon: I move deferment Oft this item, Mr, 3acasat ,, to her and I think that she is making quite a bit of a sacrifice. And what we ate asking here is for fifty pettent of the ekisting situation. Mayor Ferret bell, you are not going to get it tight now because it's going to be deferred. Now, I think, , . and let the tell you just my personal opinion, My heart reallybleeds for this lady and if you look at her,,. I feel so sorry for her, she looks so sad and that's because she knoi.7s,,, you know, you can't help but feel sorry for her, but the fact is that she is doing sotnething wrong, You doesn't make and she may look sad, I meat, you got to feel sorry for her, but that it right and we really are going to have to go out there and... let's go out and take a look at it.... Rev. Gibson Let the ask a question. Who did the construction? Mr. Lacasa:: A nephew of hers. Rev. Gibson: What kind of work does he do? Mr. Lacasa: He helps in the construction, he is a laborer. Mrs. Gordon: Who does? He is a construction worker? Mr. Lacasa: He is a construction... a laborer, you know, construction worker. He works around... Mrs. Gordon Well, I believe that this Commission honest to goodness has to take a van and go on a tour. And I think that this Commission has to have our Planning Department conduct us on this tour and let us see physically how many violations there are that they know of, ok. I think if we do this we will be better able to judge these cases as they come up and they are going to come up more frequently from now on. Mr. Davis We have had an opinion from the Law Department Mrs. Gordon and Mr. Mayor, that no more than two of the Zoning Board members could go out together at any one time. I don't know whether that would hold in the case of the Commission. Mrs. Gordon Well, if you go under the Sunshine, we will take along a member of the press We will invite somebody from the press and then you can... Mr Davis To do whatever the Law Department can let us do on this. Mayor FerreI want to volunteer Bill JGebre. Is he still here? Mrs. Gordon: He is George, this Commission can go on a caravan providing gone.g . they are of the Sunshine and takes a representative of the press? Mr.` Knox: And provided that they annouce in advance that they..... Mrs. Gordon: Fine, we will do that because I believe that if we do that we will set the Public on notice that we are after them and nobody is going to be as promiscuous about violating our law as they are now. Mayor Ferre;' That's right, that's right and the member of the press that's going with us is going to be Lazaro Albo, Mr, Plummer; I thin% that's called Mayor Ferro; Well, Tony Oarcta. Wu . Gordon; Ok, I would suggest you do that after the first of the year, 18 F 197B Mayor parts: Alright, wit. 6k. This item has haatt deterred; M#a, Carden m6va§, Father Gibson seconds that this item 'ba deferred, further diacuseiOn, tali the rail 6ft item 9 The following atin VAS introduced by 'CottMisaio ►er 06fden t who savad , its adoption. MOTION f4OI 78468 A MOTION TO bEPEt CONStbERA' ION OF A VAR/ANCE TO PERMIT COMPLETION OF A FAMILY ROOM AbbITION AT 2265 N.W. 8TH STREET SO THAT MIMS OF THE CITY COMMISSION CAN INSPECT THIS PROPERTY. Upon being seconded by Commissioner Gibson, the Motion wSS passed and adopted by the following vote: AYES: CoMitissiOner hose Cordon COMmissiOner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Matirite A. Perre NOES :_::.:_Notte SECOND READING ORDINANCE; Amend Ordinance 6871 -Articles II, XVI, and XIX Provide definition of "mini -firehouses" in C-4 and Conditional Uses in W-I Mayor Ferrer"" Alright, does anybody else'have at emergency that needs to take y y something out of order? Alright; then we will go to the regular... we now. go,to the regular order here and we are on iteitt... What item are we on, please? UNIDENTIFIED SPEAKER: Three, Rev. Gibson: Three. Mayor Ferre: Item three and this is second reading to amend an ordinance to. provide a definition of mini -warehouses.. Mrs. Gordon: I move that. Mayor Ferre: ... and this is moved again by Mrs. Gordon and seconded by Father Gibson. Are there any opponents? Does anybody wish to speak to this item? Call the roll. Alright, call the roll. AN ORDINANCE ENTITLED- AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI BY ADDING A NEW SUB -SECTION (95-A) TO SECTION 2, ARTICLE II -DEFINITIONS; BY ADDING A NEW SUB -SECTION (33-A) TO`SECTION 1,'ARTICLE 'WI - GENERAL COMMERCIAL G-4 DISTRICT; AND BY ADDING A; NEW PARAGRAPH (a) TO SUB -SECTION (12-A) SECTION 1, ARTICLE XIX 7 WATERFRONT INDUSTRIAL W-I DISTRICT, ALL OF WHICH PROVIDE ADEFINITION OF MINI -WAREHOUSES; PERMIT THEM IN C-4 DISTRICT AND,AS.CONDITIONAL USES IN W-I; AND BY MAKING THE NECESSARY' CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION, Passed on its feat reading by title at the meeting `of November 9, 1978, it was tai1en up,for its second andfinal;reading by title and adoption. On motion of Commissioner Gordon, seconded by CoMm asioner Gibson, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote; AYES; Mpe, Gordon, Rev, Gibaop, Nr, Plumper Ht. Raboso and Mayor Ferre, NOES; None, SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. HSSI The City Attorney read the ordinance into the peb1te record and announced that Mica were available to the t ers of the Vity:Commisston and tQ the public, Ant AU: Mtt Mlutmers is this a tciui=watehoute or a mihis=hoothl l state Yost Mrs. Jordon: Mini what/ Mayor perte: You know what e tini..boath is, it goes w tt Micky Ma t Vote yes, SECOND liEAbiNG C MANCE, Change toting classification 401-47/ N,W 5th Street and 58i=-599 WV?, 5th Street Ct 500-598 N,W, Gth 8t, , from C-4 and C=5 to Rom. Mayor Ferte: Rev. Gibson: We will take up item 4, Mr. Gibson, do you want t Yes, sir. Mayor Ferre: And Mrs. Gordon do you want to second it? Mts. Gordone Yes. Mayor Ferre: And is there anybody here who wants to speak it? the ordinance please. Ca11 the roll. AN ORDINANCE ENTITLED- AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION :OF LOTS 9-20, BLOCK 68N; AND LOTS 1-12, BLOCK 69N; MIAMI (B-41) AND LOT 16, E.D. DORN SUB (B-102), BEING APPROXIMATELY 401-477, 581-599 N.W. 5TH STREET AND 500-598 N.V. 6TH STREET, FROM C-4 (GENERAL COMMERCIAL)AND C-5 (LIBERAL COMMERCIAL) TO R-4 (MEDIUM DENSITY MULTIPLE), IN CONJUNCTION WITH DADE COUNTY DEPARTMENT OF HUD PROJECT DADE 8-13, FAMILY HOUSING, AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE:A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION-2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT;:AND CONTAINING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of November 9, 1978, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Gordon,, 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,J, L. Plummer, Jr. Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8885 The. CityAttorneyreadtheordinance into oi the C y►iCommiesionnd andnt�thea that copies were availableme to the members public. VA SECOMb ntAb1RGbAbINANCht change toning ciassifidation at 438 8►1 . 17th Avenue frail 0.4 to 1t4 I lilac;jeet, Mayor Verret On aeeotid reading.,. Father do you want to teve 'this? Rev. Gibsotyt Yes, air. Mayor Ferret Mrs, Gordon: Mayor Ferret item 5? Read Mrs, OordotO Second. Alright, is there further discussion, anybody wants to speak to item 5 please. Alright, call the roll please. AN ORDINANCE ENTITLED - AN ORDINANCE `AMENDING 'ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF UNPLATTED LAND, BEING APPROXIMATELY 438 S.W. 17TH AVENUE, FROM C-4 (GENERAL COMMERCIAL) TO R-4 (MEDIUM DENSITY MULTIPLE), IN CONJUNCTION WITH DADE COUNTY DEPARTMENT OF HOUSING AND URBAN DEVELOP- MENT PROJECT DADE 8-11,.HOUSING FOR THE ELDERLY; AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of November 9, 1978, -it was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Gordon, the ordinance .was thereupon given its second and final reading by title and passed and. adopted by the following votes AYES: Commissioner Rose Gordon Commissioner (Rev.):Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice-Mayor--Manolo Reboso Mayor Maurice"A. Ferre NOES: .None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8886 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: Alright, Mr. Weintraub, do you want to say something to us? Mr. Weintraub: Yes, may we have #7 out of order? Mr.' Fluke has an awards presentation for U-Haul-it at 10 o'clock. Mayor. Ferre Is 7.3 (BACKGROUND COMMENT OFF THE PUBLiC RECORD) Mrs. Gordon: We are going to take a 5 minute break. Mayor Ferre: Ok, we will be back in 5 minutes and we will have to go by I'm sorry. (BRIEF RECESS) Denial of Application to Change toning of PEC ight,-of -Way between N.E. 43rid and 52nd Stteet froth P 1, It 3 and 114 to C i. Mayor Ferre: Alright, we are back in session, We will take up item ##6. Mr. bavis t Mr. Mayor, if I tray ekplaiii item ##6 which is rather complicated. Florida East Coast railway,.. Mr. Plummer: Mr. Davis: Mr. Plummer: Mr. Davis: Mayor Ferre: Mrs. Gordon: Which one'are we on? #d6. What about five? Five has passed, sir. You voted for it. We voted for that. Mr. Davis: Florida East Coast Railway has decided to reduce their right-of-way in the area to the North where this is located from.., to a single tract which drops it down from 75 feet. to 25 feet. The single tract. right-of- way will be on the West of the original right-of-way. The original right-of- way was zoned to the middle of the right-of-way as per the zoning on each side of it, this is the way our ordinance handles right-of-way zoning. So that. 75 feet, on. the West side was zoned the R-1 and the C-1 and the C-5 all the way down to the middle of the 75 feet,and was zoned C-1 on the East side of the right-of- way for the 37-1/2 feet to the centerline from the East side. So, Florida East Coast Railway in realigning their tract to the Westerly, side now has 50 feet which they wish to lease out to, you know, continue their business. .However, the 50 feet contains all but-12-1/2 feet of C-1 zoning and the remaining 12-1/2 feet is zoned R-1 which was the dimension of the original right-of-way. So, therefore this is a petition for a change of zone on that portion of land immediately East of tracks for 12-1/2 feet to the other zoning line of C-1. Rev. Gibson: Let me ask a question. Isn't it true that most of that property, they are parking on there now.,. Mr. Davis: Rev. Gibson: And let me ask, let me ask, not you but the .people who maybe objecting.. and:they are parking on there right now and part of that area is paid for that purpose. Isn't that right? (BACKGROUND COMMENT OFF THE PUBLIC RECORD).. Rev. Gibson You know, I was up there about... I went up there to a meeting at the American Jewish Federation about two days ago and I went up there again, yesterday to make sure that I was talking about the same piece of land, I want to ask. There must be some reason why they want it changed and there must be some reason why the people don't want it changed. Mrs, Gordon; Yes, I want to know, Rev. Gibson; I would like to hear that before I make up my mind because if you want to let the people use it for the purpose for which they are now using it, that's one thing, but if you want to change the zoning so that, you know,.,. but that's another reason... I'm at another disadvantage. So, I would like to hear... I would like for somebody to speak to that. D 14 1578 Mr. bat~retta Mr, Mayor and CoMMittioners, my bate it Roger hartetta, ism with the plotida test boast Fatrkvay ovetr hate its Miami and l Wanted to give you a little background on just how We came about its ,aecomp1ishittg thief here about fours year§ ago out} management noting that the train Movethent s in this area had been reduced tonsidetabiy, decided to aback into the possibility of realigning out railroad ttaoka in a Westerly diteetion to open up soete frontage on Federal llightmsy, The purpose of opening up the frontage oa Federal 1#igh+ ay wet twofold, and actually it enhances the value of our property, if We caul make, let's say buildable lots, and we had many leasesfronting on Federal Hight3ay and the demand for our land for parking area was considerably along this whole strip, starting with Lithgaw Funeral at 54th Street and extending through the Jewish Federation, the Heart institute, the Heller Company, Public Supermarket and all of them. And really it presented a problem because We sort of bent backwards to some of these people because of the limited train service and actually leased only a 12..foot strip, This is all we have leased to these people, a 12=foot strip and in reality it doesn't make the best traffic flow or anything like that because they have to back out into a sort of busy highway attd we actually relocated our track Westerly to provide tore parking area in the event we are able.to negotiate leases with these lessees that we already have and all of them have indicated that they would like to have more depth its there parking. However, Railway mategetnent doesn't want it restricted just to that. We are not in the development field, so we would not develop any type of commercial structure on the subject property, but I know that the flrentwood Houle Owners Association and the people in the surrounding area are quite apprehensive of what might happen there and itsort of got out of context because at one of our meetings before the planning Board, why they felt that maybe we were going to put in big warehouses with railroad tracks and create a lot of nuisance. I think we have actually cleaned up the right-of- way, we had quite a few tracks in there.' We had a North bound and South bound main line, some, what they call team tracks and we also had a running lead that went into Buena Vista Yard which we use very limited nowadays. But this is the extent of our projected use, we would probably expand on the existing parking leases. However, but we do not want to restrict ourselves just to have it there and just pay the tax and all'that and not be able to use it because there is a possibility in the future it could be used. Everybody is always asking what is the railroad going to do with all their property, here is a good example of what we are trying to do. I don't know whether it will ever work or not, but it's something we are trying. We are not asking for very much incidentally because,as Mr. Davis outlined, the Easterly 37-1/2 feet of this property has the C-1 zoning and we were going to try to plat it into 50 foot depth lots which would indicate that the Westerly 12-1/2 feet of the Easterly 50 feet would necessarily have to be zoned from the residential type zoning to this C-1. And this is theextent... and like I have said I know they are apprehensive so, I will be glad to answer any questions. Mayor Ferre Alright, now are there any further questions? (BACKGROUND COMMENT OFF THE PUBLIC RECORD). Mayor Ferre: Yes? Mrs. Simonette:' I'm Mrs. Stephanie Simonette, 201 Northeast 48th Street, a resident of the area. I represent the Brentwood Home Owners Association as Vice -President. That association compromises with about a hundred families approximately. I believe, if you check you can see and if my addition is correct, you have at least 57 people who objected. The area is basically residential and the homes are owned by elderly people as you can see here. There are a few young people or people who have children, but basically the area there, they are elderly. Now, this is the third time that we have been down here, I offered to come alone because of the problems that the elderly have, I usually bring a couple of my neighbors with me. Now, as he stated before, yes,the railroad has already expanded and moved the fence, and moved the railroad. At one of the Board meetings I think you even stated you had discussed with fir. Davis a couple of years about planning what the railroad was going to do without ever contacting the home owners or business owners in that area. There were.,. we offered you conditional parkins with control of the Zoning Board in the last two meetings, your board rejected that. You said that you were acting its good faith, you had no plans for putting little small stores after or if you got the zoning, but you could not speak for your board, There were at the lasts'. one of the last meetings of the zoning board several things In the. other' meetings which youdid not have been sYou Promised totaoet with the hums owners-ttot �e up.to. which you did not do, TheNOW* if you y get these lots. as we stated in the last meeting, I think you had somebody from the hell.er building who said he wanted to lease some of the property to have parking and Be 1 told him, "yet', you Fan lease it, but what happens when your lease to up a year from now And the railroad vents to salt it and make etQres' The only a`eceptabie way into these etotes, if this were to happen, is through out etreete where out homes Are and whet softie childteft play and tthetre 'the eidet=i have to go in and out of :there hones, Now, We don't think we have been unfair, we have said if you truly Waft parking, take it eonditionaily, 'You have rejected that o ► sevetal odCa-eions acid t do think that you have intuited us As hone outlets by going to the Planning Board for several months in Advance and not notifying cis not Meeting with the borne Whets. And thetefote, We very definitely object to your having the change of toning, If you want the parking,fitle; you've got parking there and As l Stated, all Of us park there, The fact that ie danger or illegal, that's not our problem really, Me City is collecting taxes Aiteady from those taho have the parking like Publics and Triple A and wherever you ate. All you have to do,if you want tore parking,is expand along the line, So, l at therefore saying l have been down here three tithes to -object, Mat of these people have, you have a total of 57 which is half of the tome Owners Association who are objecting to What you ttant and I think the City Commissioners should take this into consideration. That you haven't tnet with us fairly and you j o p g, you, if want just parking, take conditional arkin and I thank Mayor Ferre: Alright, are there any other speakers? Mr. Baggesen: My natneis Walter Baggesen and I have lived in the area some thirty years. We do not object to any conditional use on the parking on the area, We do object to the railroad selling this property off and the use of it in second rate establishments which would be the only kind that would go in on that 4th Avenue and, of course, as the lady has said , the railroad would be right there to permit crossing of their single track so that the servicing of these stores would be through our streets, Thank you. Mayor Ferret Alright, are there any other speakers at this time? Are there any other questions? Alright,... (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Yes, I assume that there are a hundred families represented here by these twenty-five that are here, but I will... fine let's do it... raise your hands,. those that are objectors, so that we can all see you. That's about what I thought, twenty-five. Ok, further discussion? Alright, what's the will of this Commission? Mr. Barrette: Mr. Mayor, could I say something? Mayor Ferre: Oh, please. Mr. Barrette: Just to keep the record straight. The last gentleman who got up and said there is to be some development on 4th Avenue, that's not... we... our tracks are at that point right there, you know. The development would be facing on Federal Highway and the other point is that there are no crossing between this residential area and the Federal Highway between 54th and 49th Street. I thought I would just clearthe record on that. Rev, Gibson I would like to ask a question. I'm not so sure I understand. Mr. Barrette: You are not so sure that you understand that there will be no crossings? Rev. Gibson: No, "I mean the land, Mr. Barrette: I beg your pardon? Rev. Gibson The land. Mr. Grassier Father, did you see this.., Mr, Rarretta: Are you talking about the land? Rev► Gibson; Yes, I'm looking at that :map there, Mr, Grassie Did you see this map In the packet, Father? Rev, Gibson; I looked, but evidently I am not getting the name picture, Mr, Grasse; l'hat' a A li tt].e easier to fellow, l think that it is a taTger scale, 24 Mt, gartetta: the City Manager is correct, tathet @ibsottt if you will look on the i ecortd Sheet of the fact steers it does have a rasp that illustrates the IS foot right..of.way. The total is at the top of the right hand picture Mr, Pluuer: If this were to be granted, how wide would it be,,, the property be? Mr, harretta; If the change of toning was granted, then the C-1 toning would exist 5C feet from the Westerly line of Federal Highway and between that back line and the Northwest 4th Avenge on the other side would_ ,.,,.; another 25 Beet, In Other words, that means to 4th Avenue theta you have 25 feet which is the railroad right-ofmway and then you would have 50 feet coned As Cml, 37=1/2 of which ate already considered C=i by the terns of the Zoning Ordinance There ?re no setbacks required to be used for parking, If they ere used for Commercial developtnent, there would be a 10 foot rear setback required or 10 feet from the track.. railroad tight -of -way. Mrs► Gordon: You are saying they can't build on it? Mr,Earretta: No, I did not say they couldn't build on it, I said that,.. Cotnmissioner Plummer asked if there was commercial development ate there any setbacks, there would be a 10 foot setback in addition to the railroad right-of-way or next to the railroad right-of-way, which would separate the subject property by 35 feet from the 4th Avenue right-of-way.., Mrs. Gordon: Including the newly... the portion, the 12-1/2 feet including... Mr. Barretta: That's assuming that the 12-1/2 feet is rezoned to commercial. Which would mean that they Wouldonly obtain 2-1/2feet of just a live area when you apply setbacks.- If they were to develop it for a commercial use other than parking. Parking can go to the rear line without any setback for parking, as soon as you build a structure there has to be a 10 foot setback. Mayor Ferre: Alright, Further questions? What is the will of this Commission, so we can move along? Mr. Williams: Can I say something, Mr. Mayor? Mayor Ferre: Sure. Mr. Williams: My name is Thomas Williams, 261 Northeast 43rd Street. I am very suspicious of Florida East Coast to be frank with you. Yes, I'm very honest. The next thing you know, we are going to have a little' two by four grocery store, a ,:_ two by four bar facing us right into our neighborhood. We have a very, very fine i neighborhood and we certainly wish to keep it that way and I think the City Commission should go along with the Zoning. Mayor Ferre: Alright, what's the will of this Commission? Rev. Gibson: I move denial. Mayor Ferre: Alright, Father Gibson moves denial of the request by the change their zoning from R-1 to R-3 to`R-4 and C-1, is there a second? Is there a second to the recommended,..,I mean, to the motion? Mr. Plummer: I second it. Mayor Ferre: Plummer seconds, further discussion on item 6, call the roll, please. The following motion was introduced by Commissioner Gibson, who moved its adoption. MOTION NO. 78-809 A MOTION UPHOLDING THE RECOMMENDATION OF TNg ZONING BOAR.. TO DENY ANY APPLICATION EY F.E,C, RAILWAY COMPANY TO CHANGE THE ZONING OF P,E.C. RIGkT-OF=WAY BETWEEN APPROXIMATELY NEE, 42 A 52 STREETS FROM R=1, R=3, ANP R-4 TO C-1. Upon being seconded by Commissioner Plummer, the notion was passed and adopted by the following vote; AYES: )i'a. Gprdnn, Rev, Gibson, Mr, Plummer, Mr, Raboso and Mayor Ferre, N0g5; None, 1 ONJOLLOAtti. ' p..., _.�.,. V t.11 tits, ���da�t: d3�����t�b�.e u�� �� the neighborhood, the theltidi 10. Plftgt PEAOtN6 OkrotNANCE EHAN6E 2ONIN6 'CLAEStE1CAION N,E, EOkNEk Off' N, , 53 StkEtt /tH AVENU€ EfkOM. C-1 tO 0-4, Mayor Ferre afi iouiteed that the City dommissioh Was how ready to hear Agenda tteth 47 and asked if any objectors were preseht. Three bbjeetots appeared, Mr, Hobert bavist Mr, Chairman, this is a petition fora Change of gohing of the southerly portion of the old. Cafeteria' site at 54th Street, The northerly portion is already toned C�4 and the southerlyportion is Zoned C.l. The applicant was N-Haul Trailer Company, wishes` to petition for a change bf coning to C4 on the southerly portion also.: Mayor Ferret All right, Mr. Weintraub. Mr. Albert Weintraub:' Commissioners, my name is Albert Weintraub, attorney for U-Haul It. We are seeking a change of the zoning classification from C-1 to C-4. on the piece of property that you see circled on the board, The problem here is that it is a single g piece of property where for some reason the zoning is split dividing the piece of property in half. I've asked Mr, Flook of H-Haul It to pre- pare a chart and an outline Which will show you the nature of the property and the nature of the proposed change. Would you show that, please. Mr. Herb Flock! Thank you. I have in my hand a site plan which does show the property, it shows the building, Mayor Ferret I can't see that. Mr. Ongie: Would you give your name for the record, please. Mr. Flook Herb Flook, I'm president of the U-Haul It Company of Southern Florida and also the owner of record of the subject property. The address is 2460 N.W. 36 Street, the business office. This location formerly - Toby's stands here, as I'm indicating here this is the building and the lot that is presently C-4. We do own this property and we're undergoing renovations at this time. We can fully utilize this in any area that we so desire with no problem at all The problem is that this area here, the southerly portion being in the C-1 we are unable to fully utilize the property or make any improvements thereon.'I think that you may be somewhat aware of U-Haul's new way of doing business in going into company owned/company-run facilities throughout the United States and this is one of nine locations that we presently have here in Dade County now,as opposed to operating the service stations that we have been doing for over 35 or 40 years. We are now going to company-owned/company-run facilities. We do need your help on this sit- uation. Mr. Weintraub: I'd like to point out a little of the hisotry of this property to you. This is a former Toby Cafeteria site. For many many years it has been un- used. The C-4 portion contains the Toby Cafeteria Building The area we're seek- ing now to change to C-4 is the parking area. The difficulty we have is that the use that we're proposing to change is required because we are going to park com- mercial vehicles rather than regular automobiles in the C-1 area. It is still going to be a parking use. We have tried to explain to the neighborhood, and some of the gentlemen who are our neighbors of the Temple are here today and we have indicated to them the nature of our proposed change and the fact that we're going to utilize the property in a similar manner in which it was originally designated when it was a Toby's Cafeteria. We've also told them that we will appear at their meeting and explain it to their membership so that they will rest assured that the. usage that we're proposing would not be detrimental to the neighborhood, We believe. that by providing this particular use we are upgrading that area, The difficulty that has been presented before the Planning Soars, if you will check the minutes, would indicate to you that apparently there was a misunderstanding as to the owner- ship of the property, This property was not bought for speculation, it is true that while the transaction was going Qn as far as the sale was concerned the appli- oat.on for zoning was made ,but it is purchased, it is owned by U-haul It, this is a permanent facility, the one-half of the property Will be used for the U-haul It facilities and what we're seeming now is to provide the plan that you See before you, 1 wou" l like to reserve a little of my time if l may for rebuttal in the event that ..,ere are any questions 27 1 DECt 14 197 MaYOr i'ert e : All fight, we'll hear .trot the ge itiet"ne i whc are here ih 6p156siti6h. Mk. ii. Lateef t Mayor pe `re, commi 5ioh t fly had it; Masahh tateefs f represent Aft $ohd Attodiates, p1B Pederatioh of lelafi`iic tftineeses r Staf bhterpriseS at t104 fi;W. l'th Avehue and Gigi's Boutique which is also a business ih the area. A hu sef of the business people in the Area were unable to flake this appearaiee tonight but in speaking with them thb55t of.them are opposed t6 the proposed use of the property. We would like tit cahcur With the redo imehdati6he that were rude by the 2ohing Hoard at this particular "tithe Uhtil We can get Sate clarifidatiO s as to exaotly what t11au1 will be doing with the property there. We would like you to let the zohing remain as is until We. Can get tote 'definite 'clarification as to what is beihg done With the property. bight now there has been erected :on that particular property a teh.foot fence: that has already obstructed the View of the neighbors and we don't understand what is going oh. We heed tore tithe to get Clarification as to estactly what the property will be used for. Mayor Ferret t 'was handed from Charles key. Gibson: Mayor Ferret 12ev. Gibson: the Chamber. Let me ask you a question, and I'll submit this ihto the record. by David Fincher,of'the Miami bade chamber of Commerce,a memorandUM H. Wright, I guess we all know him as Sonny Wright.... No, that's not. the same Wright. Charles H. Wright is not Sonny Wright? No. Sonny Wright is a realtor, Charles Wright is an executive with Mayor Ferret OH, I beg your pardon, I apologize. Anyway, it is a two -page memo- randum and the conclusion is: "In conclusion I feel we should strongly sup- port the project and negotiate with the owner for opportunities for minority con- tractors and community residents." I think I was reading it right. This is the request that we received to review Toby's Lot rezoning and the proposed use to serve the U-Haul Company of Southern Florida, the following is our planning recommendation - that was the conclusion. I'll submit that into the record. Mr. Weintraub: Yes, sir, and we have represented to the community,and we repre- sent to the Commission tonight,that we are goingto carry out that program both in management and in the employees that we will be hiring. Mr. Lateef: Mr. Mayor and Commissioners, I'm representing the business people in that particular area. We have people that voiced their opinions and I feel it is ofthe interest of the people that are in business, people that are already there that they get a clarification as to what this property is used for and how it would be used before we go on with the zoning. Thank you very much. Mayor Ferre: Thank you. Mr. Plummer: Let me ask this question. When you say clarification what do you mean? Mr. Lateef: As the attorney stated, the south end of that property is zoned right now I believe.C-1. The north end of the property which is 54th Street side is zoned C-4. The Zoning Board rejected the changing of zoning for the property and we somehow or another were notified late and we didn't have time to view the things that were beginning to happen around us so Mrs.'Gigi,who is the owner of Gigi's Fashion Design and Boutique,which is the business right across the street, Mr. Art Bower,who is President of. Art Bower Associates,who is the next door neighbor of Mrs. Gigi right across the street,and other business people in the area. Mr. Plummer: But what clarifications are you asking for? The man has stated that they are going to use it as a U-Haul operation, they are going to park U-Haul trailers and trucks on the property, Mr. Lateef; That's understood but we also understand that there is some talk. of a service center which means jacks, hampers, noise and large trucks on that side of the property that would be parked and we don't necessarily want this on that side of the property, We don't want that, Mr, nook; we can clarify that now, that will not be, Mr.Plummer; Well, the problem is that it i$ a permitted use, F.00k: 1 understand, but the plan and the design has been done,.,, 28 1 Rev, dibaimf pose, what he's saying is t=4 ovet Mete and he's saying t hots is over there, The ehutch is where that 64 is, t hie bel- Mrs, Jordon: ies, t understand that, And nil also saying, rather, that if we don't give these people C.4 all the way down, to the street whieh is faei,g them but we retain some of it in C 1 we'll have a buffer, bo yaw foi1ow M,el Mr, Lateeft you know we're also talking about a religious institution toa that t don't think you know large trueks and things should necessarily be parked in front. of a religious establishTh ht, It's kind of odd to be, Mrs, Gordon: As 3 understand it they're going to landscape, they're going to put trees and bushes and whatever they have to put in to screen the view to their lot and trey ean't build a heavy commercial structure because We're hot going to change the toning on that part of the property that is teeing the church, Mr, Lateen You :night change the view but We can't change the noise, the noise pollution that 1 spoke of. Mrs. Gordon: Well 1 don't know What they're going to do: Kiev. Gibson Let the tell you my brother, you have a difficult situation, Let the tell you this: 1 don't necessarily want to do this but Theodore Gibson being Theodore Gibson if I didn't do it.1 couldn't sleep with myself. have Pincher and those cane down here and told the Commission it was all right to do what this lean wants done, bo you understand that? Mr. Lateef: I understand that very clearly:_ Rev. Gibson Well all right, I just wanted to make sure you understand it. Mr. Lateef: Yes, sir. Rev. Gibson: Now, you see, I want to make' sure my brothers up here understand the kind of guy you're dealing with in Theodore Gibson. Okay? You were down here saying no, evidently you all didn't get your stories together: You under- stand? This ought to be a lesson so when you go out there and preach to that church and all that you tell them they'd better get their facts together before they come down here. All right, what Mrs. Gordon is saying is all that block there she would go on with C-4 except within ten feet of that black line. Point it to him - right. Go across there from the corner of that line back ten feet and all the way across you would landscape it heavily so as to protect you, the Church, from some noise.' Now brother, let's say this - whether that's what you want or whether that's what will do you any good that's what she's offering. Now you have to keep in mind that this man owns the property and, you know, you don't own it. Mr. Lateef:` We understand that very clear, Father but that doesn't mean that the zoning has to be changed. Rev. Gibson: Well no, but your, brothers have already done it now, note what your brothers have already done it.. Mr. Lateef: I'm talking about property owners, Father, I'm not talking about the people that come down here. Rev. Gibson: My brother, this Commission is atune to that chamber, they, know them and they know the voters too but you know it's just human. Do you under- stand what I'm talking about? What I'm saying to you - next time, look, you'd better make darned sure and get the facts together. If I don't teach you any- thing else tonight I hope I teach you that. Now you and I may know how to pray and preach but you know - do you understand? Mr. bateef. I understand very clear, Father. Rev, Gibson; Feautiful, Mr, Lateef; We're still opposed to the zoning, Thank you very much, Mayor Ferro; All right, there's a motion by Mrs, Gordon on that? Mrs, Gordon; Go ahead, sirs if you want to tell me something tell DEC11 1978 Mrs pluf Chet: if you eeil•that ptopetty. hekt •Mohth and tftitotitidiei it trot dtt as hohest as you ate -comes ih-and boys the ptopetty he-dah,•ih-fact,' do its- .- Mr. Lateef: that is of ihterest, Mt. tqUitMekt Mr:-Weihtraub: l graht you, of Odtte, yob ate coitectti Mrs Gokdoht Where -does this gehtletfnah reside ih cohhet>titlh with this propetty, where are you located? Mr. Plummer: -Ie's a Alelnber of the church directly across the. streetx' Mrs. -Gordon: Point -to it oh the neap, tell Me where, Mr, Lateef: Not only that Let tte just state I'M also street. Mrs. Gordon: 'out major and out of there is it? Mr, Lateef: Our concern be all perfectly honest change the zoning, then our interest, Mrs, Gordon: Yes, ly in my mind, you Mr, Plummer: Bob, do with a C-2? we have a business right acres$ the street also, a member of the Mastif which is right across the concern is that is exactly what in what they're they're free to they're going to have trucks coming ih Mr. Plummer just stated. These people tight saying and the mittute they have the Commission do whatever they please there and this is and I'm going to come up with a solution if I can get it exact - know, we've been here since 8t00 O'clock this morning, let me ask you this question. Can U-Haul do what they want,to Mr. Davis: No, sir, it's not a permitted use. However, if I may answer your previous question as,to doing service in the C-4, the service work is permitted in C-4 as long as its done inside. Mrs. Gordon: Okay, what about this idea, let me try it on this gentleman over here. Suppose we don't change the C-4 all the way down to 53rd Street but we leave a buffer' of C-1 of about 10 feet and they can't then come out of there that way, they can't use it all the way to the lot line, would that interfere with what you were hoping to do? On the south side, you change everything except the south ten feet where you've got that landscaping being shown, you're going to have to land- scape anyhow. Mr. Weintraub: That's what we arc planning to do. Mrs. Gordon: So you'll landscape in the C-1. Okay? And that will protectthe church because the church then won't have to worry about what you're going to be doing there. Do you follow me, sir, I` mean the gentleman that is in objection? Your name is ---- Mr. Lateef: Husum Lateef, ma'am. Mrs. Gordon: I'm trying to find a solution based upon about sixteen years of zoning experience that will make it compatible for you, at the same time give them the opportunity of enlarging their business but if they sold it it would still prevent the new people from encroaching the C-4 to the lot line, building some ugly structure facing your church. Mr. Lateef: If we pass zoning tonight.,..if you change the zoning tonight..,. Mrs. Gordon; Not to the lot line though, know what I mean by that? Leaving a buffer, do you Mr. Lateef'. Yes, ma'am. Mrs, Gordon; Okay. Mr, Lateef; put I'm saying if we change the zoning tonight and the zoning is changed then that means whatever they want to do to the property they could do, Mrs, Gordon; No, you didn't follow me, sir, I didn't say that, I said we would change a portion of the property, not all of it, not :ll thE° way down, You're on the south side :of the street facing the:., right? Mr, Lateef; Thev•'s where the Mastif is. Th@ bUPiness i,s on the west side .of 7th Avenue, 30 DEC 1 4 17e i bttrttritb A tht Yes, oth hot representing the thatch. Mt) ongiet Your home, please. ef, the brother whio just spoke, he wit; Mr. thaheedt My hattte is i4iphot t;o haheed, tteaeutek Of Mtihaii iced Masjid. Me was hot representing the ehurch, he was representing the buss ,eeees oh the t4th street Side acid Ut` View and our coheerh is f and Mr. dibsoh, 1 resent your eaiffieht that you gave that we do weir the only institute in the Miami area 'who hee it tom Nethek. ftev. Gibson: You whatl Mt. Shaheed: l say 1 resent your statement that you made. I say that we are the institute and we have cur things together and that we are the only religious itisti� tute that have Out' thing together. Arid to clarify the situation On the U- aul station our concern it in the future rise of the building whether you change the zoning of it or not there are futureuses that the building would not be used for taverns or for discof that if he should sell his business or the business should 1 go out this is where our concern is is that it would not be used for that type of.servicet, Mr. Plummer: 8ut you see, that really is not important and let fie tell you why - it itis is not cal to this application here this evening because what you're talk- ingbuilding. Mr. Shaheed: Yes, Mr. Plummer: The building is already presently zoned C-4 so if, in fact, that's what he had in mind he can do that tomorrow. Mr. Shaheed: I know that. Mr. Plummer: So really, in fact, your concern of what goes in that building is really what's not before us this evening because there's nothing we can do. He bought that building I'm sure I don't know about a discotheque, that's so new I don't know if it's even in our ordinances. So really: your objection is not a valid objection because that portion of it before us this evening is the yellow portion. Mr. Shaheed: Excuse me, I did not mean to object to anything. The repre- sentative of the community, as I got here and I talked with, he gave me a better view of what they were going` to do and what I was going to do myself, I was going to take it back to our community and present it as the way he presented it to me. And we didn't have any objection, I want to clarify distinctly that the reverend was representing one side of the street and I was the representative of the Masjid and that he was not representing the Masjid. Mr. Plummer: In other words you're not objecting to the application. Mr. Shaheed: No, I'm not at this time. Thank you. Mayor Ferre: Thank you, sir.' Any further discussion? Mrs. Gordon. Mrs. Gordon: In the best interest of the community it would be my opinion that we should retain C-1 on the southerly ten feet of this application and that the rest of it be as applied for. Mayor Ferre: All right, is there a second? Mr. Reboso: Second. Mayori,erre, There is a second to that motion by Commissioner Reboso. Further discussion? Mr, Plummer; yes, under disouse on, Mr. Mayor, I an in concurrence with what Mrs. Gordon is recoinInend..n% but are you so pressed for time that you can't give the community until the 18th of January? Mrs,'cQrdon, There's going to be a second reading{ J, MrsPlummer; Qh, Okay, that's right, Po you understand what she's saying? That between z ow and the Seth which i$ our net mooting you will have the opportunity nd,eQunse -, T hope you and this gentleman will male yourself available.. as DEP 1 197a Mr, Weintraub: We'Ve aiready•Arranged to Meet with the temple, Mr. PlUMMeff Rkpiaih to the people who are affected what we're doing Mrs; Gordon: Heavy landsoaping and all the rest, Mr, Plummer: So in Other Words they'll have the opportunity, Rev, Gibson: And plus you need to khcW that if this is a First Reading this doesn't-, have to pass bn 8eoond Reading. bo you understand that Wait a mihutei Mr, Mayor, bo you tinderstand what We're saying UNIDENT1PIED SPEAKER! Sure do Rather Itev, Gibson: All right, I just Want to make sure because you know you all don't cone down here very often and I'm not so sure you understand toning, Mr, Plummer: After tonight they're not too sure they want to tome back. You know I hope What you say is true "' for or against you'll be back. Rev. Gibson: That's right, you see. Mrs. Gordon: They will be back, Mayor Ferre: Alright, call the roll, Mr. Plummer: You know, I hope what you say is true, for or against, you will be back. AN ORDINANCE ENTITLED- AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOT 13 LESS THE WEST 10 FEET, AND LOTS 14, 15, 16, 17, 18, AND 19 LESS THE EAST 25 FEET, LESS THE SOUTH 15 FEET OF LOTS 13 THROUGH 19 INCLUSIVE, BLOCK 9, RAILWAY SHOPS ADDITION 2ND AMD (3-183), BEING THE NORTHEAST CORNER OF N.W. 53RD STREET AND 7TH AVENUE, FROM C-1 (LOCAL COMMERCIAL) TO C-4 (GENERAL COMMERCIAL), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDIN1 NCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT, AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Gordon and seconded by and passed on its first reading by title by the following AYES: Commissioner:Rose Gordon Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Manolo Reboso NOES: HIlayor Maurice A. Ferre ABSENT: None. The City Attorney read the ordinance into the public record and p announced that copies were availableto the members of the City Commission and to the public. Vice -Mayor Reboso vote 32 DEC 14' FB i b frtAkAL 5 i b #tAt oN bF AO IAL SY MAk i AN Fh i CAAPOP T AbbIT1oN Afi O41 N4W 30 ll : Mayor retire! 'fake up Item #8 6h appeal, MY, bob bavist Mr. Mayor, oh item #8 I have a letter tram the applicant which We received too late to act upon which asked us to set this for the January Meeting instead of the becetnbet meeting, The applicant explains that she heeds her Sitter to testify with her and her sister iS undergoing Cobalt tteatMehts. Mayor Ferre is there anybody here who is ih objection tb deferral of Item #8. tJNIb NTIEIEb SPEAktA: !Sense tne, Mayor, I object. Mayor Ferret You object to what? (INAVDTJ3LJr COMMENT O J`TSIDE PIJBLIC RECORDS), Mayor Ferret You're entitled to object, come on up and tell us why you object. Mr. Julio Shea: My name is Julio Shea, I am second vice-president of the Grapeland Heights Association and our reason for objecting is the fact that in our area we have already too much loose zoning: Mayor Ferre: What? Mr. Shea: Loose zoning, you know objectionable eyesores to the community and I'm Chairman of the Zoning Committee for the Association and I think that we're going` to start getting strong and we definitely object to this type of .... Mrs. Gordon: Why isn't the applicant here, Maurice, the appeal was made by her? Ferret She's cancer cobalt treatments, isn't that what you said? Mr. Davis: Her sister is undergoing cobalt treatments at this time, she needs her. sister for testimony and she asks, as I said, we received the letter too late to act upon it and pull it off of this hearing. She asked me to ask for a deferral. Rev. Gibson: I didn't understand you, you received a letter what? Mayor Ferre: Look, I hope that that person wasn't lying, I doubt that somebody would lie about something as serious as that and I don't think you would want tc deny that person the right to have his day before us. Mr. Shea: No, I don't except for the fact that the. Planning Department has already recommended denial and so has the Zoning Board.. Mayor Ferre: Yes, but are you going to deny her the right to come up here and have her piece? You don't want to do that. No? You want to deny her of that right? Mr. Shea: Yes, I do, Mayor Ferre; What? Mr. Shea: I think it is useless. I mean I think it should be denied,period, Rev, Gibson: I didn't hear that.. Mayor Ferre. I':1 tell you. I don't know whether you remember history like I do but,I remember - was it Patrick Henry, who was the guy who said 3 disagree with you violently but I'll defend to the death your right to say it, And you mean to tell me that this woman who has a sister under cobalt treatment and you don't want to give her the right to come up here in this free country Ati4 to have her say? Mr, Shea; I sympathize with her, Mayor Ferre. Well good for you, 1 DEC 14197B Mr. then: ok, she ca i have her 'say# fide = l Mean & ii be tack here ageih, My point it 'it't a Waste of time fat all of us Mayor Perket 1 happeh to agree With you by the way but that dbesr't Meal that i'M oing to deny that wohiah that right to have her day iii Eotirt cheat Pule, we'll be back: Mayor Petit: I'm sorry to do that t8 you and 1 doh want tc hear it anynore than you do. okay, tail the roll ti the deferral. Thereupon on MOtion of COMMissioher teboso, seconded by ooffitiSSibher PiUMner the foregoing item wat,.. deferred by a tihahihOtis Vote ^o€ the City :ooitMi5Si ih,' • •12. GRANT CONbiTIONAL•USE TO PERMIT 6tVELO• PMENT OP •PLANNED UNIT NATURE z-2941-251 8kitOEPORT AVENUE AND-•2928 S.W..3bTH COURT.. • M. Robert Davis: Item #10 is recommended by the department as an eMtension to be approved by this Commission, Mayor Perre: Anybody disagree? Mrs. Gordon: A question to the department that I learned from a previous one of these things that slipped through quietly - I want to know if at the original time it was made were there a lot of objectors, did we have any controversy, was it a unanimous decision,etc. Mr. Whipple: The Planning Department at the original request recommended approval, the Zoning Board granted approval, it was a unanimous vote subject to a ten foot dedication of right-of-way. There was little or no objection and for the record henceforth we will have the original fact sheet. Mrs. Gordon: And we approved it unanimously? Mr. Whipple: No, the Zoning Board did Mrs. Gordon: Ok. or anything else i. Mr. Whipple: That Mr. Davis: It was this package, Mrs. In the future then on all of the extensions want a backup. Okay? has already been conferred with whatever, variances too late, the request was made too late for us to get it in Gordon, it will be in all future packages. Mrs. Gordon: Okay, I move approval. The following resolution was introduced by Commissioner. Gordon, who its adoption: RESOLUTION NO. 78-810 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE CONDITIONAL USE PLANNED UNIT NATURE (PUN) AS LISTED IN ORDINANCE NO, 6871, ARTICLE VI, SECTION 1(4-A)(a), TO PERMIT CONSTRUCTION OF A RESIDENTIAL DEVELOPMENT ON LOTS 8, 9 AND 10, LESS W10', JACK - SON PEACOCK'S SUB (4-71) AND LOT 6, BLOCK 1, HIGHWAY PARK (40-29)► BEING 2941-51 BRIDGEPORT AVENUE AND 2928 S.W. 3OTH COURT, AS PER PLANS ON FILE, CONSISTING OF 9 DWELLING UNITS IN '5 SEPARATE STRUCTURES. ZONED. R-2 (TWO FAMILY) ► GRANTED BY ZONING BOARD RESOLUTION NO. ZB 114-78. Were follows body Qf resolution, omitted here and on file in the Qtfioe of the City Cleric') Upon being seconded by; Commissioner Pinner, adopted by the following vote. AYES.: Commissioner Rose Gordon Commissioner a, k, Plimmer, Jr, Ceu es Qfer (Rev.) Theodore 440son ViceerM4yOr Nen01Q Ileboso l` mQ' NeuriceJN, Ferre 4 NOW; Nona, moved Vie resolution was passed OF'I41978 l8 , ACC PLAT Mt, 146bo C~mete13 1'irst Addition Section 0=A, Mayor Petre Now, the r&t thing is a plat entitled Fit, Nebo Cetnetety and the Plat Committee teoo rends, ate there any oblettiontl Uo you bury anybody there Plunder Reis= Gibson: I ttoiie► Mayor Ferre: Alright4 Gibson n oves, Gordon seconds, further discussion roil The folloid-i g resolution was introduced by Cotntnissioner Gibson, who moved its adoption: RESOLUTION NO, 78-811 A RESOLUTION ACCEPTING THE PLAT ENTITLED MT, NEt0 CEMETERY 1ST ADDITION SECTION S-A, A SUEbIVISION IN THE CITY OF MIAMI:- AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT: AND.AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT. (Here follows body of resolution, omitted here and on file in the Office of the. City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: call the Commissioner J. L..:Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre 14 . gaPT PLAr t `iT` /N $AUL' 8" aJBDtV I /ON Mayor Ferte: The nekt One is a plat entitled Twin Paul's; Subdivision, the Plat Coiniitittee recol ttends, any objectiona? Alright, who wants to hove that Rev, Gibson: Move. Mr. Reboso: Second, Mayor. Ferret Alright, it' discussion call the roll, The following resolution its adoption: Upon being adopted by the Otte? been itoved by Gibson, seconded by Reboso, further was introduced by Commissioner Gibson, who MoVed RESOLUTION NO. 78-812 A RESOLUTION ACCEPTING THE PLAT ENTITLED TWIN PAUL'S SUBDIVISION, 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 SIDEWALK, CURB AND GUTTER AND ADDITIONAL PAVEMENT ON N.W. 30 AVENUE UNTIL REQUIRED BY THE PUBLIC WORKS DEPARTMENT; AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). seconded by Vice -Mayor Reboso, the resolution was passed and following vote: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre 36 Mayor Ferret Alright, is this Ficus UNDANTIFIED gPEARtItt Yes, sit. Mayor Ferre: Alright, does the plat Committee recommend this? Mr.Davis, does the Plat Committee recommend Ficus Villas. Mr. Davis: Yes, the Plat Cohmittee recofimends. Mayor Ferre: Ok, are there any problems? Mr. Davis: No, problems. Mayor Ferre: Mrs Reboso: Anybody... Let Rose take a look. (BACKGROUND COMMENT INAUDIBLE) Mr. Plummer: Mrs. Gordon: Mr. Reboso: that the one that you at itst Hey, wake up. I think we ought to deny it just because it's so Thatts what I think. It's Christmas, Rose. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Rev. Gibson: Well, if the. Committee recommends, I move it. Mr. Plummer: Mayor Ferre:. Mr. Plummer: Merry Christmas. Gibson moves, Reboso seconds, Come on call the roll. further discussion.. Mayor Ferrer Wait a moment, let her look at the thing. Mrs. Gordon: What are you going to put on there? Mr. Plummer: Don't even tell her she has got it up side down. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mrs. Gordon: What are you going to put on here? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mrs. Gordon:' Alright, who moved it? Rev. Gibson: I did, Mayor Ferre: Alright, further discussion, call the roll, 37 The ftiiowi ►g reao3.U'ticifi as itittoduded by Co issi let Gibsd its adopti+ t3. Upon being adopted by the AYES: file RESoLttI N NO. 78=8ii Wild Mailed A RESOLUTION ACC>PTING T11E PLAT ENTITLED 1ICUS VIttAs, A SUBDiVis oN IN THE tit? oP MIAMI, I'LORIDA; AND ACCEPTIN( THE DEDICATIONS SHOWN oN SAID PLAT; AND ACCEPTINC THE COVENANT To RUN Witt THE LAND POSTPoNING THE I t1EbIATE CONSTRUCTION OP PULL WffIt IMPROVNENTS UNTIL REQUIRED 13Y THE DEPARTMENT OP PUBLIC WORMS; AND AUTHORISING AND DIRECTING THE CITY MANAGER AND T1E CITY CLERK TO EXECUTE THt PLAT. (Here follows body of tesolution, omitted here and on it the Office of the City Clerk) . seconded by Vice -Mayor Reboso, the resolution was passed atd following vote: Commissioner J. t. Plummer, Jr. Commissioner Rose Cordon Commissioner (Rev.)Theodore R. Gibson Vice -Mayor Manoio Reboso Mayor Maurice A. Ferre 1G.' Discussion of nominees for APPOIN'Ti1IE'NT TO THE PLANNING ADVISORY AND ZONING BOARDS. Mayor Ferre: Alright, now we got to vote on I would like to read the names of .the people that you will recall the composition the way are you ready to listen? But before we talk (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: I will explain it. Are you all here? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Yes, I'm going to explain all of that. the. Zoning and the Planning Board. that are on the Zoning Board, so it is, alright. Ladies and gentlemen' about... Mr. Davis: The Clerk has requested me to ask you Mr. Mayor... I sorry. Mayor Ferre: Father Gibson? Rev. Gibson: Say what? Mayor Ferre; I want to read to you the names of the people that are on there now, Nathaniel Dean, Alicia Baro, Gloria Basile, Mildred Callahan, Guillermo Freixas• Wifredo Gort, Pat Kolsky and Jose Villalobos. Now, the following people are up for appointment or have resigned. Nathaniel Dean who is requesting reappointment, Wilfredo Gore who is requesting reappointment and Mr. Jose Villalobos who is not requesting reappointment, he has resigned, Alright, now on the Planning Board we have the following people... who took my list? (DACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mayor Ferre; No, Co the Planning list we have the following people, Chace Roekafellar present who i$ the Chair -person, Selma Alexander:,Ofelia Fernandez, Mary L-chtenstein,. Richard Rosichan who is an alternate, Waldo Silva, Cyril Slui_th and Isidro Bprja who is no longer on the hoard, Now, the opening there are iwQ, nominees for,pfalia Fernandez and the other opening ie Bor3a's seat, 38 i1ra. Oordofit the 4uestiot:% that l would like tb pose to you, if you tetice on the list o applicants, you found Richard ttosichaft who is already an the Board as art alternate te4uestittg the permanent rather that the alternate position, Mayor Verre : 1 understand, Mrs. Gordon: If we grant hit. this, then it ought to be dote prior to anything else because then you will know which position you ate Milt*. Mayor Vette: Alright, tiow let to read the dates of the people who ate applicants attdsottie of them ate bete. And as 1 call your hates, stand so that we know. Stephen Henry Carnet, please stand so that we can see you, Alright, Alright, Mr, that ate specifically ohete Joserd�osLuis Cottea is Nathaniel Dean isn't bete, �tiftedo 'Gott is not and ting to be put on the here, Now, these ate the four Zoning Board. Mrs. Gordon Who did you say was here? Mayor Ferre: Correa is right there, see. Mrs. Gordon: Yes, I know, but you said someone else. Ferre? Mayor Ferret No, not Ferree Ferre is not running this time. Mr. Plummer: 'Yes, yes, thank God. Mayor Ferret Jose Luis Correa and that's close to Ferre. Rev. Gibson: Is she here? Mrs. Gordon: Mayor Ferre: Correa. Who is Correa? Who is he? Jose Luis Correa, that's him right there. Raise your hand Mr. Mrs. Gordon: Correa! He said Ferree. He has got Ferrea on his mind. Mayor Ferre: Jose Luis Correa. Mr. Plummer: Are you from Puerto Rico? Mayor Ferre: Now, alright... Alright, they are not and those are interested in appointment for the Planning Advisory Board. Are you listening? Mr.Jorge Guisasola is he here? Alright, Richard Harris Rosichan, Steward Z. Grossman, is Mr. Grossman here? William R. Rolle, is Mr. Rolle here? Now, Mr. Rolls is interested in either Zoning or Planning, he will take either one. Mr. Reboso: Where is Roll ? Mayor Ferre: Mr. Charles Dooney, is Mr. Dooney here? Mr. Reboso: Is Rolle here?; k here Raise your hand again, Mr-. Rolle Mayor Ferre: Yes, Mr. Rolle so we all see you.. Alright, Vincent Nodarse, Mr.Nodarse . is it Leeper or Leeper? Ms. Leeper; Leeper, Mayor Ferre: 0h, that would be too, good, Mr. Lorenzo Luaces. Now, Mr. Luaces, there is a question about your registration and you brought tie a registration card. s right back t these are people that want either appointment. Edward Charles Langdon Rogers, is he here? Fanny Mae ^r Mr Mr, Luaces S. Gordon; Be is not registered, I have it in my pocket, Mayor Ferre; Would you show it to the Clerk to verify, and the fact is that you have two last names and looX.,, Mr, Luaces; Everybody know me as T AXenzo Luaees, , , Father:; knows the and Rehoso know mo, , , , 3S R' tr r .l: the Mayor 'ette And how are you registered? Mr. Luaces! but my notne is. _ _ my last natte is Lorenzo Luaces, thatsa a Mtttake. Mt, Ongie: Mt. Mayor, the card that he is carrying expired two years ago. Mt. Luaces: No when you vote.., and it says here.., the eXplanation inside of the card says that if you votes you continue to use your card. Read the ekplanationl it's tight there Mr. Ongie: Well, the Supervisor of Elections cable back and said he is not registered in the City of Miami precinct. Mr Luaces: I have been voting since 1972 at that precinct and I atn registered. tget hit on the microphone. Raise your tight hands put under Mayor Ferre Mr. Luaces: oath. (BACKGROUND STATEMENT MADE OUTSIDE PUBLIC RECORD), Mr. Luaces I do, Mayor Ferre: Are you a resident of the City of Miami? Mr. Luaces: I am. Mayor Ferre: Where are you living? Mr. Luaces 1128 Southwest 21st Street. Mayor Ferre: Alright. Are you registered as a voter and do you vote in City of Miami? Mr. Luaces: On that precinct... Mayor Ferre: Precinct. Mr. Luaces: Fire Station Precinct, Fire Station #113 since 1972.. Mrs. Gordon: Did you vote in the November election? Mr. Luaces Yes, I did , absolutely. Mayor Ferre It's on the record and he is under oath, so you realize that if you in anyway lie you would perjure yourself and be sentenced to penalty charges. Mr. Luaces: I do, sir. Mayor Ferre: Alright, thank you, sir. Now, the next one is Mr. Leslie... no, Leslie Pantin is no longer an applicant. I have Mr. Julio S-h-e-a, Mr. Shea. Do you all see Mr. Shea here? Alright, Mr. Luis Martinez. Is Mr.. Martinez here? He is not. Alright, now, if I°understand this correctly, we've got four applicants for Zoning Director, three applicants for Planning and eight applicants would go either way. Mr. Davis; Mr. Mayor, if I may. The City Clerk has asked me if it' Mayor Ferre: I can't hear you. Mr, Davis The City Clerk has requested me to ask you if it is possible in your. voting to consider each Board separately? Mayor Ferre: Well, I would like to recommend,,. yes, that's fine. I would like to recommend the following which is the way we have usually voted around here, You take your preferred candidate and sit him up on top and there are three candidates, he will get three votes, the second candidate will get two votes, your third choice will get one vote, the person who gets the most votes, gets,., you know, in that order, Mrs. Cordon; We ought to male a decision on Bosichan so we know whether .or not we are filling that seat! Mayor tette: t4e1i, fitst Of ail we ate Toting On offing, ad that doesfi't come up until the ne5tt time. until the Planning, Now, i will ;go eiottg with whatettet the majority of the COMMiabitih waists to do. Mr. Plummer: it's a towf idet-ttisl MOW, Mrs. dordots Mayor Perte: Mrs, Gordon: t Mt ate you voting otA s Toning? Zoning, that's the first orie that toles up, You are putting three hates down that you watt? Mayor Verret Yes, and the top person that gets the vote,,, your top choice is thtee points, your second guy gets two points, your last guy of girl gets one point, ok. Avid then we add them up and the one who gets,.. the most you can get is fifteen and so on down the line and,,. Mr. Plummer: We are doing totting first? Mayor Verret That's right, Now, I want to take a point and I know,.. I'm not trying to lobby anybody, but I just want to go oh record so that somebody does not,.. I want to say it before we vote. Nathaniel Dean as you know is under a criminal charge and he is before a Judicial Court, I have always maintained _as I did - with Turner and Eddy Stephenson, that in this Country. a man is innocent until heisproven guilty by his peers, Now, and therefore, the fact that Nathaniel Dean is under a criminal charge does not in any way imply in my opinion, that he is guilty. Nov, when a court of order.,. a court of law finds the man guilty, then I will ask him to remove himself or we will remove him, Until that time, I'm certainly not going to pass judgement on whether or not he is or he is not a criminal. Mrs. Gordon: Ok, on the zoning Board we need to put three names because we have three openings, Correct, Maurice? Mr. Fosmoen Two. Mrs. Gordon: You have three openings on the. Zoning Board... Mayor Ferre: There are three openings on the Zoning Board, so you put three names. I remind you your top name will get three points, your second name will get two points and your third name will get one point. Write Zoning up on the top. Mr. Plummer: Mr. Mayor? Mr. Davis: As further explanation, Mr. Villalobos's term has two more ,ears to run as an alternate, so this would be filling the unexpired term 'of Mr. Villalobos for two years. Mr. Plummer Mr. Mayor, for the record as you have indicated and I wish to indicate, for the record, ... Father, I just; want to put something on the record. Now, Tanny Dean is a friend of mine and he has been and will continue to be. His problems are his problems. Mr, Mayor, I think it is no less than right that he sits in a eapacity.,as`I and as such Mr. Mayor, it in fact I were under indictment,'I think 1 am removed automatically until the trial by the Governor. At I correct? Mayor Ferre: Now, where is George Knox? Mr, Plummer: Mr, Knox? (BACKGROUND COMMENT OFF THE Mr. Knox The Governor has officials in this State and suspend a publicofficer or cote up for trial. PUBLIC RECORD) reserved a prorogative with respect to al' elected generally the Governor exercises this prerogative to a selected public official upon indictment until Mt, Plummer; And I happen to agree with that Mr. Knox. and as such, I would without question do otherwise with T'anny Dean, that I think it is no Tess than right. that if I= God forbid- were under indictment I'd be suspended until the cloud have been cleared, And I thin1 thatthis no less should apply to any person that we,,, so I'm just putting that on the record, that Taney is any friend and he has been my friend and will continuo to be my friand. Rev, cibssa; well, now let mes, Mr, Mayor... but 1 didn!t understand your , 41 Mayor ferret t was just stating for the record, that I don't think that Because A matt has been at eased of something ,that, thou ►, in this eoutitty that doesn't stake hit guilty, he' got to go through a procedure and then if a group of peers condemn him as being guilty, them he is guilty. 865 until that happens the ti n is not guilty,,► Mr. Mutter: Arid i likewise, adhere to the same theory4 That a fitan is innocent until proven guilty, but a blab Who sits ih a public office sits in a gold fish bowl and we re open to public scrutiny attd,as such, i felt the reason I put it Oh the record, that it should be iio less tight fOr someone that We appoint than it is if we God forbid= here in the same boat, Rev, Gibson: Here is the thing, J. L, Mr. Plummert' 'es, Father, Rev, Gibson: I have a problem, If we thought that way about Tanny we ask Tanny to- what is it?- remote himself? (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) why didn't Mr. Plummer: they, you've got to do what you think is right, that's all. Mayor Ferret Alright, it every. MMACUUG CUt COMM OFF tit PUB1,1C BBCORb) Mayor Ferre: rather, we will Wait for you. Ms. Maer: Mayor Ferre, if t may, I would just like to bring to the Commission's attention that at this time there are only two positions to the Zoning Board.., Mr, Plummer: That's what I thought. Ms. Maer: ._. you got to appoint two members to the Zoning Board and that pursuant to public notice... it you wish to appoint a third member,we will have to advertise again. Mrs. Gordon: We have an opening on the alternate.. Ms. Maer: No, it is not ... that was not specified in the City Clerk's publication. It says two members of the City of Miami Zoning Board. Mayor Ferre: Alright, it's going to be the same people reapplying so... Father vote and let's go. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mayor Ferre: We've got three openings. Mrs. Gordon: We've got three. We've got three openings! Mr. Davis: Yes, but they were only avertising for two Mrs Gordon: We've got applicants... Mayor Ferre: Oh, fine. Well, we will advertise for Readvertise and then we will reconfirm the next two, Rev. Gibson: Which is that, for the Zoning Board? Mayor Ferre: You readvertise and we will reconfirm whoever we appoint, Rev. Gibson: For the Zoning Board? UNIDENTIFIED SPEAKER: Whatever is legal. Mr. Plummer Alright, let's vote. Rev. Gibson Let me ask you.,. what... you have Zoning Board tonight, is that it? Mr. Plummer: Only two members tonight. Mayor Ferre. No, you can vote for three. Mr. Plummer. You are not the attorney. Mayor Ferre: The attorney says that we have only advertised for two, we are going to vote for three and readvertise for one and reconfirm the third one we vote on tonight. Come on, (BACKGROUND COMMENTS OFF TIE PUBI.1C. RECORD) Mayor Ferre. Alright, we stand corrected, so we have to vote all over again. There are only two applications open, Now, there is a recommended alternative which makes some sense and that is that Tanny's trial begins on the 10th of 43 Alright, the other one next week. ok? to... you cannot vote for the DEC 11 W 7 January,. the trd of January, Hopefully, his ordeal ttiii be etfer saon and he will be acquitted and so, it we leave the third Beat open tse can a1Ways by that i mean, if he is acquitted then there is ho problem and then nobody has to agoni2e to you understands'Maim? Rev, 'dibsoti: dust Mote for two, Mayor `erre Weil, let the repeat it so we all understand, Pean's trial comes' Off on January trd, hopefully, by the tithe we get around to the 18th the trial will be over, the jury will have handed it it's verdict, so that the at gill either be itinocetit or 'guilty: If he is guilty that's that, if he is it►nocent We will reappoint hits, at least Ilt going to vote for him if he is innocent, Mr, Plummer! Well, Mr, Mayor, I don't see why we got to revote. Ne can' each still put in three natnes, Mayor Ferre No, because the City Attorney told the... Rev: Gibson: I would rather leave it... I would rather not::: Mr. Plummer: For the purposes of voting, we can dote for three people take One less vote: Mrs. Gordon: No, we are going to do it the other way, Rev, Gibson: Do it the other,way man. Mayor Ferret You see, the attorney says we can't do that Plummer. Mr. Plummer: I didn't hear the attorney say that. Mayor Ferret Would you repeat it for Mr. Plummer's benefit? Mr. Plummer: They can't put in but two people, but there is nothing from putting three names on the ballot. Mayor Ferret Well, that's alright. Rev. Gibson: No, Plummer, no man. Mayor Ferret Alright, we got to vote over again, right? (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mr. Plummer: That's right.,oh, Give me my ballot... Rev. Gibson: Vote for two... Man I have had it... to stop us those bunch of dummies, what do they know. Mayor Ferret Alright, now we are only voting' for two. Now, your top name will get two votes, your bottom name gets one vote, Mrs. Gordon: What are' you going to do with Rosichan, let's decide? Mayor Ferret Rosichan is:in Planning. Mrs, Gordon; We finished the zoning, didn't we.? Mayor'Ferre, No, we haven't Rose, I just voted now because you can only vote for two now 'Mrs.' Gordon: i did already, Mayor Ferre; Gk, well, i just did, Mr, Plummer; i voted for three, Mayor Ferre; Po you understand? Top line gets two points the bottom one gets one, Mr. Plummer; What ere we voting for now? 44 P 14 1978 Mayor Verret Tao people ih toning, that's all you are voting fotl your top oheioe gets tt o points, your bottom choice gets ohe isoifit, The most that en get would be ten points, Mrs► 'cordon: might Mayor Fevre: Anybody who gets MOO than five will win, if you get four:, you got a tie vote and youlve got to Vote again, Hate you finished voting? Mrs, Gordon' Who is going to Vote us a raise? Mayor Ferret Mr► Reboso: Satre thing for planning, tight? Mayor Ferrel The same thing for Platting, Mrs Plummer' Are We doing both Votes at the same time? Mayor Ferret No,`s r+ (BACKGROUND COMMENTS OF THE PUBLIC RECORD) MayorFerre: Just read the results and then we will vote for Planning. Now,. Mrs, Gordon, Father Gibson and Mr. Plummer, while they are checkingletis talk about how we proceed with Planning. Now, Mrs. Gordon recommends that we decide first whether or not we will move Mr. Rosichan from the alternate to the regular. I'll vote for your raise, you deserve it, Will Mrs. Gordon: Yes. Mayor Ferre: Now, she makes that in the form of a motion, I think. Mrs. Gordon: I move it, that we move him up. Rev.Gibson: I second. Mayor Ferre: And there is a second to that. Now, we are voting as to whether or not we are going to move Rosichan from alternate to permanent, (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mrs. Gordon: The reason why it's appropriate, everything is the same for the person serving , except it's a learning experience to be an alternate but, after serving a year as an alternate, a person really becomes qualified. Mr. Reboso: And then we will have a vacancy for an alternate. oU Vote for mine? Mrs. Gordon: That's right, then we will vote for..: the replacement will be a regular and an alternate. Mr. Reboso; And we will vote right now on the:.. Mrs. Gordon: Now, we are just going to grant or not grant Richard Rosichan a Move from alternate to regular. The term is the same, everything is the same, it doesn't change anything. Mr. Ongie: Mr. Mayor?' Mr, Plummer: Tie for second. Mrs. Gordon Who is first? Ms, Hirai; Commissioner Gordon? Mrs. Gordon; What did you get ten votes? MO, Hirai; From Plummer we got two, from Reboso wa got two, from Ferro we gat one, from Mrs, Gordon we got one and from Gibson we got two for a total of eight, Mayor Ferro:; Hight, Co be is in? 45 • tiFt 14 979 Msx Hitai: tattitte/ got Mit Vote ftoffi Mr, Piiifhet and that's ail and Mt. Luaces got one Mote fto i Mt. Reboso, tWo ftofit Mr4 Verfe ea thatla it, fat a total of three (EAOROROiNO COMMENT OPP SHE PUBLIC RgCORO) Ms. Hitai: Luaces, And I Catitetr got two votes froth Mts, Gotdon,pius Otte vote from Mr, Gibson for a total of thtee, So Mr t;at:net got eight Votes, there is tie between Luaces and Caittet with a total of three each and Martinet The vote: Mayor Ferret stand up so that up Mr, Luaces ? we have a tie, Ok? Alright, Mt, Luaces would you stand up and Mr. C'at"ier would you everybody tan see, Alright, now we have a tie.., would you stand Mr, Lfiaces got three votes, Mr, Carter got three votes, So So vote for one or the other and that's the way it's going to go, (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mayor Ferre: Are We voted now? Ms, Hirai:. Mr, Mayor? Mayor`Ferret Yes, Ms. Hirai: Mr, Carney got three votes from Mr. Plummer, Mrs. Gordon and Rev. Gibson. And Luaces got two votes from Mr. Reboso and yourself, Mayor Ferrel Mrs. Gordon: Rev. Gibson Mrs. Gordon: Alright', so , Mr. Canner, you are now on the Zoning Board. Now,,.. Now, what are we going to do with Rosichan? I move that Didn't we say that he was going to We didn't make the vote, we talked about it. Mr. Plummer: About what? Mrs. Gordon: Rosichan as an alternate. Now, and he has a serve, he has asked to be... Yes, his term doesn't expire, to,be a regular instead of an alternate. Rev. Gibson: I thought... Mrs. Gordon: What? Mr. Reboso: Well, Rose, why don't we go for two people in the Planning Mrs. Gordon: Yes, we have two openings for it. Mr. Reboso: Ok, let's vote, if Rosichan is one of the two elected, then... (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mrs. Gordon: J. L., no, you can't do that because you will kick somebody else. out. You see, you have only two openings, you don't have three openings, you only have two. He has two more years to serve... Where is Mr, Davis? Mr. Davis; Here. we,.. couple more years to but he has applied Mrs, Gordon; Oh. Rosichan has two more years to serve, Mr, Davis; Yes, Ma'am, if he were appointed to the,,, one of the regular seats, then his seat would have to be readvertised along with Mr, Villalobos, Mr, Reboso; That's the same thing I said, if he,., Mrs, Gordon; Ohhh, ohh, oh that would be,.. Mr, Reboso;,,If we appoint him in one of the two positions (IN DIELE), he seat is going to be readvertised, if we don't appoint him then we can fill 2 vacancies. Mrs, Gordon; Two seats now, 46 14197 Mayor Paste. My teaoetdation is Mt. Rosiehaa is still doing h goad job as as aptrentiea, let 'hit stay theta tot two mote yeatst he is happy there and ha ist., Mrs. Gordon: Yes. He is tot, but let hit stay.. Mayor Pette' YouOve got two people that you can flow vote for and the too one gets WO Votes and the other one gets one vote. Ms.Hirai! Mt. Mayor? Mayor Perret Yes, Ms. Hirai: Mr. Martinez got two plus two plus 1 for a total of five, Mr. Luaces got one ,plus two ,plus two ,for a total of five and there is a tie. Nodarse got three and Correa got two votes, Mr. Reboso: Ok,,.. Mayor Verret Well, there is no tie, then the two that got five are appointed. Ms. Hirai: Oh, that's right. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: So, in other words, Martinez and Luaces are therefore appointed. Mr. Reboso: And Correa got how many votes? Mayor Ferre: How many votes did Correa get? (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Ms. Hirai: I will state the voting again, Mr. Martinez got two votes from Mr. Plummer, two votes from Mr. Reboso and one vote from Mayor Ferre,for a total of five. Correa got one vote from Mr. Plummer and one vote from Mr. Reboso,for a total of two. Nodarse got two votes from Mrs. Gordon, one vote from Rev. Gibson, for a total of three and Luaces got one vote from Mrs. Gordon, two votes from Rev. Gibson and two votes from Mayor Ferre for a total of five. Mayor Ferre: Ok, so then, the two Planning people are Martinez and Nodarse, ok. Mr. Reboso: And Luaces. Mayor Ferre Oh, I'm sorry, I beg your pardon, Martinez Mr Gordon: To all those that didn't make -it, we will have an opening_again, in about a month. Mayor Ferre: We'll have anew opening in January, so don't lose hope and come back. Mr. Plummer: Who is going to quit? Mrs. Gordon: Well, have an opening for the alternate spot that has to be advertised. Mr. Davis; Would you want this back on your l8th meeting? Mayor Ferre: No, I think we need to vote on it now, though, Mrs. Gordon: No, we have to do the advertising, Rev. Gibson: No, no, we've got to advertise it, Mayor Ferre: - wy. Oh, no, the advertising. Do e have anything else to come up bePor this Commission? Mr, Ongie; Mr, Mayor, we have the two resolutions con€icing what you gust said, one for the Zoning Board and one,for the Planning Board. (ITEM MOMENTARILY DEFERRED) , 47 DEC1410'q 17: AuthoriZe City Manages' to gUbm Lt a 1ousitig DeVelopmeht Program to the ti bepar meht of HUD Proceed with Bond validation of Geneia1 Obligation Mousing Bonds of w6 t;ii1lion, subject to H UD's approval of the City's program, Mr. GrassierAttd you still have one Item, Mrs Mayor,si (EACkd OUNb COMMENT Ott THE PUBLIC tFCORb) Mayor Ferrer What's the item/ Mr. Fosthben: Sint ttiliion doliar, Mayor Ferrer That's the sik`mnillion dollar bond issue with the housing and what have you. bo you want to..? application Mr. Grassier It's already been voted on by the City CoMmission and sent to Ile to be confirmed. Mayor Ferrer Alright, Reboso moVes, Father Gibson seconds which Is the way we did it this morning, further discussion, call the roll. Item 6 is it? Mr. Grassier Item 54 on the regular agenda. Mayor Perre: 54 of the regular agenda, Call the roll, please. The following resolution was introduced by Vice -Mayor Reboso, who moved its adoption: RESOLUTION NO. 78-814 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A HOUSING PROGRAM PROPOSAL TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND TO PROCEED WITH THE VALIDATION OF $6,000,000 IN GENERAL OBLIGATION HOUSING BONDS; STIPULATING THAT UNLESS THE AFORESAID PROPOSAL IS APPROVED THE BONDS WILL NOT BE SOLD. (Here follows body of resolution, omitted here in the Office of the City Clerk). and: on file Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A, Ferre NOES: None. ABSENT: Commissioner Rose Gordon. 48 OFfiP, 1 4 1978 COItMINOt1tCNt Apxoitt hg metbeis to ADVI8ORY ONNG WOW, he PUNNING Mrt Ottgiet tow, we have the confittning resolutions oh the Zoning Board and the Planning Advisory Boards tteu, Gibson t More Mayor Ferre: Alright, Father Gibson move, Reboso seconds. .& D6 you need separate motions for each? Mr. Ongiet Yes, sir, Mayor Ferre: Alright on the Zoning Board confirming Wilfredo Gitirt and who is the other one? Mr. Ongie: Stephen Henry Career. Mayor Ferre: And Steve Career, Alright, further discussion, call the roll, The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO, 78-815 A RESOLUTION APPOINTING WILFREDO GORT AND STEPHEN HENRY CARVER AS MEMBERS OF THE CITY OF MIAMI ZONING BOARD, (Here follows body of resolution, omitted here and on file in the Office of the City Clerk).' Upon being seconded by Vice -Mayor Reboso, the resolution was passed and adopted by the following vote: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre None. Mayor Ferre: Now, on the Planning Board, Mr. Luaces and Mr. Martinez, Mr. Ongie: Right. Mayor Ferre: Reboso moves, Gibson seconds, call"the'roll on the Planning Board. The following resolution was introduced by Vice -Mayor Reboso,' who moved its adoption; RESOLUTION NO. 78-816 A RESOLUTION APPOINTING LORENZO L, LUACES AND LOUTS MARTINEZ AS MEMBERS OF THE CITY OF MIAMI PLANNING ADVISORY BOARD. (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; +'YES' Mrs, Gordon, Rev, Gibson, Mr, Plummer, Mr, RekQSQ and Ma"OT Ferre, NOES; None, 49 DEC 141 1aVs dibtan t Thee' a it. Mt. Plummet! Are ; adjourned? Mayor Petst'e t Yes i gttes6 Ve Arai Aij,OiitiEt' There being to further buaittess to dome before the City COtiftigSift, Oh tag tiott duly Made and eaeonded, the theetittg Vas adjourned at IMO P.M. ATTEST: RALPH.:G. ONGIE City Clerk MATT' HIRAI Assistant City Clerk. 50 Mallet A. EERRE Mayor PEP 4 197 12 13 OCUMENT COMMISSION AGENDA AND CITY CLERK REPORT GRANTING VARIANCE FROM ORDINANCE 6871 ARTICLE VIII, SECTION-3(2)(c) AND ARTICLE XXIII, SEC iON 4(10), TO PERMIT THE OPERATION OF AN ELEEMOSYNARY INSTITUTION GRANTING CONDITIONAL USE AS LISTED IN ORDINANCE 6871, ARTICLE VIII, SECTION 1 (11) (f) TO PERMIT AN ELEEMOSYNARY INSTITUTION AMENDING RESOLUTION NO. 78-523 AUTHORIZING THE CITY MANAGER TO TRANSFER BY QUIT- CLAIM DEED THE PROPERTY LEGALLY DESCRIBED AS A PORTION OF THE S.W. 1/4 OF THE NE 1/4 OF SECTION 15 TOWNSHIP 54S RANGE 41E, DADE COUNTY. AMENDING ORDINANCE NO, 6871 GRANTING A ONE YEAR EXTENSION OF THE CONDITIONAL USE PLANNED UNIT NATURE (PUN) AS LISTED IN ORDINANCE NO. 6871, ARTICLE VI, SECTION 1(4-A)(a) ACCEPTING THE PLAT ENTITLED MT. NEBO CEMETERY1ST. ADDITION SECTION 0-A, A SUBDIVISION IN THE CITY OF MIAMI ACCEPTING THE PLAT ENTITLED TWIN PAUL'S SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI ACCEPTING THE PLAT ENTITLED FICUS VILLAS, A SUBDIVI- SION IN THE CITY OF MIAMI AUTHORIZING THE CITY MANAGER TO SUBMIT A HOUSING PROGRAM PROPOSAL TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT APPOINTING WILFREDO GORT AND STEPHEN HENRY CARNEt AS MEMBERS OF THE CITY OF MIAMI ZONING BOARD APPOINTING LORENZO L. LUACES AND LOUIS MARTINEZ AS MEMBERS OF THE CITY OF MIAMI PLANNING ADVISORY. BOARD COMMISSION ACTION __ -- R-78-804 R-78-805 R-78-806 R-78-807 R-78-810 R-78-811 R-78-812 R-78-813 R-78-814 R-78-815 R-78-816 78-804 78-805 78-807 0020. 78-814 78-815 78-816