HomeMy WebLinkAboutCC 1976-11-17 MinutesI TY OF MIAMI
OF MEETING HELD ON NOV 1 7 1976
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G. ONGIE
CITY CLERK
ITEM NO.
iMbt
CiIYIISdSFIeffoF h�tIANT, PLOR1M
SUBJECT
ORDINANCE 0:N
RESOLUTION NO,
Air
PAGE NO,
1.
TABLE OF CONTENTS
ANNOUNCEMENT OF SPECIAL MEETING
DUPONT PLAZA HOTEL - PEOPLE MOVER SYSTEM
2, PRESENTATION OF MIAMI COMPREHENSIVE NEIGHBOR-
HOOD PLAN -(Adopted by Comm. & transmitted to
Affected Agencies).
3. ZONED STREET WIDTH 9TH AVENUE NORTHWEST(Approx`D1scussion &
imately 160 feet north of 83RD Street) Temp.
4. DECLARE DOUGLAS FROM KUMQUAT AVENUE TO
INGRAHAM HIGHWAY AS A SCENIC TRANSPORTATION
CORRIDOR.
5.
DECLARE INGRA HAMHIGHWAY FROM DOUGLAS ROAD TO
THE CITY LIMITS AS A SCENIC TRANSPORTATION
CORRIDOR.
6. DISCUSSION ITEM: REQUEST BY DADE COUNTY SCH00I
BOARD TO VACATE AND CLOSE A PORTION OF N.W.
5TH AVE. BET. N.W.60TH & N.W.62ND ST.-TENATIVE
PLAT #965- MIAMI EDISON SCHOOL SITE FIRST ADD.
7. FIRST READING ORDINANCE: ZONED STREET WIDTH
9TH AVE. N.E. (APPROXIMATELY 160 FT. NORTH OF
83RD STREET) .
8. VACATE AND CLOSE ALLEYS LYING WITHIN BLOCK 18,
WADDELS RESUB (9-136),N.W. 19TH STREET; N.W.
1ST CT.; N.W.20TH ST. & N.W. 1ST AVE- TENTATIVt
PLAT #964 - NATIONAL LINEN PROPERTIES. Res.
9. RECONSIDER AND RESCIND PREVIOUS ACTION CONCERN-
ED WITH CLOSURE AND VACATION OF ALLEY(See
Minute Item No. 6)
10. ONE-YEAR ETENSION OF CONDITIONAL USE -
PLANNED AREA DEVELOPMENT, 3495 Main Highway
BRIEF DISC.
Res.76-103.1
Res. 76-1032
Res. 76-1033
See ---
Item #9
11.
12.
13.
14 .
APPOINTMENT OF TWO ALTERNATE MEMBERS
URBAN DEVELOPMENT REVIEW BOARD.
ONE-YEAR EXTENSION - CONDITIONAL USE
BLOCK 83N: MIAMI(B-41):N.W.CORNER OF
STREET & BISCAYNE BLVD.(MECHANICALLY
PARKING STRUCTURE).
ONE-YEAR EXTENSION - CONDITIONAL USE
ENTIAL DEVELOPMENT OF A PLANNED UNIT
3045 MARY STREET
OF
- Lot 20,
N.E. 3RD
OPERATED
RESID-
NATURE -
SECOND READING ORDINANCE: CHANGE ZONING CLASS-
IFICATION, LOTS 2,3, & 4; 131. 1, RIVERMONT Pk.
901 N.W.13TH AVE., FROM R-4 to W-2.
76-1034
1-2
2-13
14-25
25-26
26-28
28
28-31
32-33
Mot. 76-1035 33-39
Res. 76-1036 39-40
Res. 76-1037 40-42
Res. 76-1038
Res. 76-1039
Ord, 8590
42-44
44-45
45
1
Nov if? 1976
ITEM NO,
INCCX
C1ARSSIIN IZAR[Il4
SUBJECT
ORDINANCE OR
RESOLUTION N
PAGE NO,
2 -
15. SECOND READING ORDINANCE: CHANGE ZONING CLASS-
IFICATION, LOT 1: BLOCK 1, RIVERMONT PARK; 901
N.W. 13TH AVE., FROM W-O TO R-4.
16. SECOND READING ORDINANCE: ESTABLISH NEW ZONING
DISTRICT - R-CC, RESIDENTIAL -OFFICE
17. SECOND READING ORDINANCE: CHANGE ZONING CLASS-
IFICATION OF AREAS IN COCONUT GROVE FROM EXIST-
ING ZONING TO R-CC RESIDENTIAL -OFFICE
18. APPEAL OF NEIGHBORHOOD OBJECTORS OF ZONING
BOARD'S DECISION TO GRANT CONDITIONAL USE &
VARIANCE TO VILLAGE FOUNDATION, INC. FOR RES-
IDENTIAL SUBSTANCE ABUSE FACILITY. (CITY COMM-
ISSION OVERRULED DECISION OF ZONING BOARD).
19. CONTINUATION OF PUBLIC HEARING -Opening in Wall
Along N.W. 11TH STREET, SIDE OF CENTRAL SHOPPI.
CENTER - FLORIDA DIVISION OF DRIVERS LICENSES.
20. DECLARE SOUTH BAYSIDRE DRIVE FROM ALATKA STREE
TO 27TH AVENUE AS A - SCENIC TRANSPORTATION
CORRIDOR.
21. DENY APPLICATION OF THE PLANNING DEPARTMENT
TO DECLARE SOUTH BAYSHORE DRIVE FROM 27TH AVE.
TO MAC FARLAND RD. IN COCONUT GROVE, AS A -
SCENIC TRANSPORTATION CORRIDOR.
22. REVERSING ZONING BOARD'S GRANT OF CONDITIONAL
USE TO PERMIT RESIDENTIAL SUBSTANCE ABUSE
FACILITY AT 3055 N.W. 4TH AVENUE.
Ord. 8591
Ord. 8592
Ord. 8593
Mot. 76-1040
Mot. 76-1041
Mot. 76-1042
Mot. 76-1043
)Mot.76-1044
Res. 76-1045
Res. 76-1046
Res. 76-1047
46
47-49
49-52
75
76
77-78
96 -
100 -
100-101
101
102
NOV 1
71976
'MINUTES OP REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
ON THE 17TH DAY OF NOVEMBER, 1976, THE CITY COMMISIoN OF
IAMI, FLORIDA MET AT ITS REGULAR MEETING PLACE IN THE LITY
ALL, U AN AMERICAN DRIVE, MIAMI, FLORIDA IN REGULAR SESSION,
TIE MEETING WAS CALLED TO ORDER AT 2:15 O'CLOCK
MAYOR VIAURICE A. 1-ERRE WITH THE FOLLOWING MEMBERS OF
COMMISSION FOUND TO BE PRESENT:
COMMISSIONER MAN0 0 REBOSO
COMMISSIONEg J. PLUMMER, JR.
COMMISSIONE1 TH ODORE GIBSON
VICE-1AYOR MSc UORDON
MAYOR MAURICE A. FERRE
LED
AND
PRESENT:
JOSEPH R. GRASSIE, CITY MANAGER
R. L. FOSMQEN4 ASSI TANT CITY MANAGER
GEORGE I-. tKNOX, LITY ATTORNEY
RALPH G. OWE, (ATVCLERK
MATTY HIRAI, ASSISTANT LITY CLERK
AN INVOCATION WAS DELIVERED BY REVEREND GIBSON WHO THEN
THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG,
A MOTION TO WAIVE THE READING OF THE MINUTES WAS INTRODUCED
SECONDED AND WAS PASSED UNANIMOUSLY.
A.M. BY
THE
ANNOUNCEMENT OF SPECIAL MEETING
DUPONT PLAZA HOTEL -
PEOPLE MOVER SYSTEM
Mafr Ferre: Before we begin, I'd like to remind the Commission
that tomorrow at 7:30 a.m. at the Du Pont Plaza we have a
tentative appointment with the County Commission for the purposes
of meeting with important members of the Department of Transport-
ation to discuss the rapid transit and the people mover federal
grant which it is my understanding the City of Miami and Metro
are finalist and we are one of the eight cities that are the
finalists Decision will be made by the end of November and this
is an extremely important and crucial meeting and I would advise
and ask that we all be presont and participate. That will be at
7:30 a.m. at the Du Pont Plaza for a breakfast. I'm sorry that
you did not have previous notice on this. This has come up very
quickly and its just been said in the last 24 hours. The reason
why its so early is as an accommodation to us since tomorrow is
our Commission Meeting. our regular commission meeting day. Mr.
Pastor, who is in charge of Technical Development and another
very important gentlemen who will be present from Washington, these
art the people that will be making the main decision and its imFort-
ant that we participate in the discussion. Are there any other
announcements or pocket items to come up before this Commission at
this time:
Mr. Plummer: Let me ask this, what time does our Commission Meeting
starts?
Mayor Ferre: 9:00 o'clock.
Mr, Plummer, It starts at 9. all ilht
lamp
1.1
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NOV ;71976
Mayor ?erre: If you can make it we' ,:11 ae grdtefu i. If you cati't
becau.e of the short notice I understand and I'll certainly make
Whatever apologies are necessary.
Fathe- Gibson: For quite some months now the Arerican hearts Assocs.
National Body is meeting. I happen to be a member of the board.state.
and I am committed for tomorrow morning and I shall try to be here
time enough to Open up our meeting. I don't know whether I can get
to that.
Mayor Ferret. All right. Father, I understand. Are there any other
announcements at this time or pocket items that need to be taken up
before we get to our regular agenda? If not, then we will start...
2. PRESENTATION OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN -
(ADOPTED BY COMMISSION AND TRANSMITTED TO AFFECTED AGENCIES),
Mr. Acton: Mr. Mayor, members of the Commission. Today its My
distinct pleasure to present to the City Commission. the City
of Miami Comprehensive Neighborhood Plan. This plan is a result
of eighteen(18) months of intensive effort on the part of the
Planning Advisory Board, bur consultants. and their sub -consultants,
your Planning Advisory Board, and numerous citizens, who participated
during the planning process on task force and each of the six planning
analysis districts. The plan was developed in conformance with the
State of Florida Local Comprehensive Planning Act of 1975 and contains
all of the required elements. plus almost all of the optional elements
mandated under the state 1zw. The Flan is a flexible document. Its
designed to meet changing conditions in the City of Miami until the
year 1985. The purt>ose of today's presentation is twofold. First,
to have brief presentations to the City Commission by the people
responsible for the p--eparation of the plan and secondly, to request
the City Commission to authorize transmittal of the planning document
to other governmental jurisdiction in conformance with the state
act. To begin our presentation by having Mrs. Grace Rockafellar, our
chairperson of tie Planning Advisory Board.
Mrs. Grace Rockafellar: I live at 814 N.E. 71st Street. I'm Chair-
person for the Miami Planning Advisory Board. On October 6, 1976.
the Planning Advisory Board unanimously moved to recommend that the
City Commission; transmit the Miami Comprehensive Neighborhood Plan
to certain state. regional. county, and municipal agencies. But
before making this recommendation. the Planning Advisory Board have
st-nonsored an extensive citizen's participation process. In November,
December, of 1975, the Planning Advisory Board sponsored six public
meetings throughout the city for the purpose of discussing the prob-
lems and opportunities in each of the planning districts. Approximately
200 citizens attended these public hearings. At the time of the
community hearings the audience requested to sign up on a district
citizen's advisory committee. From December thru March of 1976,
nineteen(19) of these committee meetings were held in various parts
of the city. To discuss the various plans proposals with the
Planning Department and the consultants. Approximately 275 people
attended these meetings. Now, to facilitate in our action with these
committees. members of the Planning Advisory Board servedas liaison
members. Mrs. Mary Lichtenstein served as a liaison member to Model
Cities in the N.U.. Mrs. Selma Alexander served as liaison member to
Central Area for Brickell. 'r. Cyril Smith served as liaison to the
Central Area for wyndwood and Culver. Mr. William Rolle served as
liaison member to Coconut Grove and Shenandoah. Mrs. nfelia Fernandez
served as liaison to the Little Havana. Nr. Isidro 13orja served as
liaison to Flagami and Frank Dannenberg served as liaison to Allapattah,
The Planning Advisory Board then sponsored a second series of distCt
2
NOV 171976
fi�te Meetings, in March and April of this year. To receive the input
h the planning proposal. approximately 170 people attended the second
fotthd of public hearings. in addition to the required legal ads for
these Meetings letters were sent out to all citizens who signed up on
the Advisory Committee informing them of the meeting. Informational
posters were distributed through school childrens notifying their
parents of the meeting. Media talk shows have featured Planning
Advisory Board members discussing the planning proposals on local
T.V. and radio stations. Both the Miami Herald and the El Miami
Herald have carried a background articles on the plan. Mr. Mayor and
Members of the Commission, based on the extensive citizens partici-
pation and public ex}'osure this planning process is received. The
Planning Advisory Board has recommended that the plan be transmitted
by you to State Regional County and Municipal Agencies. After these
comments have been received the Planning Board is prepared to assist
you in responding to them d°ntocado�Ling thehearings
plan.toNow,make lour
recommendations to you inregarding
have given you the facts and figures on the plans and if I may
probably I ju-t can't leave without taking just a moment to give you
the human side of this planning process. I've been involved with
the city for over 20 years and I think this extensive planning process
that we have just gone through has resulted in the greatest public
relations achievement the City of Miami has ever had. Now. this is
through the tremendous dedication of our complete planning department,
our consultants, their sub -consultants and the Planning Advisory
Board. When we first went in to these areas conduct these public
hearings we w^re met with a little doubt and people just couldn't
believe that h-re we are, the city. coming in, sitting down, going
into their area and saying we're here we want to know why your problems
are. We want your input. This is your plan. At first they were a
little bashful- but with a lot of patience and compassion and many.
many long hours and we stayed long hours, these people. Their confidence
came back. They freely talked to us. And, many., many of them told
me that it was a pleasure to see us come into the area. They feel
that they are part of their city. Their city cares and this is a
plan made up for them and by them and speaking for myself and I know
the rest of the board members feel the same. This has been a tremendous
experience for us and we're very happy to have had it. Thank you.
Mayor Ferre: Mrs. Rockafellar, I'm sure I speak for the full
Commission when i commend you and your committee for the interest
involvement, patience, dedication. that you have shown- ofecoseike
its no surprise at all to us. we are very grateful that people
you do live in this community and
love
ofand
hourscare
that you dottosthelcient
to dedicate the hundreds and hundreds
welfare of this city and we're certainly grateful to you.
Mrs. Rockafellar- Thank you Mr. Mayor, and I'll be happy to pass those
remarks on to the rest of the committee. They're very, very deserving.
Mr. Acton: Mr. Mayor and t^ the Commissiol I'd like to now present
Dr. David Wallace. who will make a brief presentation on part of the
consultants and their sub -consultants. Dr. Wallace?
Dr. David Wallace: Mr. Mayor, members of the Commission. ladies and
gentlemen, my first I'm going to take a tip from Mrs.
Rockafellar
and start witt' the personal side and introduce the people so that you
can relate to them as you ask questions or further on. • First of a+11
I'd like to introduce my own staff- Boris Dramov. My partner who
as you know has led the team - Willy Bermello, formerly of our stiff
I regret to say he's now a partner in a competitive firm, unfortunately
we couldn't match the offer that he got. And, Ms. Bonnie Fisher, our
Environmental I4anner. Next. I'd like to introduce the sub -consultants
first, Hunter Moss, of Hunter Moss & Co., who's here. Hunter, wou.ld
you raise your hand. And, Thomas Wolfe, of Gladstone Associates.
?I!�I!!I�I!IIIII'lll11119 glR"�I�h1lIlR'I
NOV 17197E
•
Iti1'ite- Most & Gladstone were r.es1,on;7 iisie or the Economic Component
t the plan, The Enviro tirten'.:al Design Group. who is responsible for
the trahet,ortation component. Steven P?oboast is here and the head
15f that group. The Zoni•g Component and now continuing with the
^ding responsibility, Dr. Ernest Bartley, Mr. Fred Bair. I should
say all of these are Floridians, by the way, many Miamians' as well.
Although, I guess Dr. Bartley and Mr. Bair are from Gainesville, Fla.
The Social Services ini-ut to the plan, very important component was
by the Behavioral Science `'esearch Corporation with Dr. Robert Ladner
and t1r. Albert Rosen, Dr. La finer and Mr. Rosen over their on the other
side. I also would like to :2m>hasise that this plan preparation was
a joint effort of the D'rartrnent of Planning and ourselves and our
tcnsultants. And, I want to particularly thank and commend Mr. Acton
and Joseph McManus, Ed Lynch, Matthew Schwartz, Jack Luft, and
Matilde Ponce. of his staff. And. T also want to say that we've
had a good deal of assistance and tremendous cooperation from the
City Manager's Office, particularly Mr. Charles Crumpton and Ms.
Dena Spillman. Then finally, the work of the Planning Advisory
Task Force has been both exacting and exhilaration along with their
task forces not just the board. And finally thank you for your
forebearance and assistance. I'm going to for the record, simply go
over the process which you've heard before but which some members
of the audience have not, that is simply to say that the eighteen
(18) month process started with a city' -wide emphasis with a product
and interim report and a concert plan which then was the basis for
digging into and going down to the district level in the neighborhood.
The map behind -by the clock there shows the divisions of the city
into districts, and then the development of concept plans for each of
those districts and you see on the wall to your left and the audience's
right,samples of some of the district detailed plans and then finally
the preparation of the ireliminary and finally a final plan document
which you've all received and if anybody that hasn't received one out-
side this is the document. Its ze:'resented both sides of it in both
english and spanish on the charts to the right of the commission. The
next chase implementation phase Mr. Acton will speak to a little later;
we will refer to. The products therefore. are an interim report,plus
twenty-one of a kind maps. The sip: Planning districts and neighbor-
hood mars,five of which I have here and the other one is in the planning
department office. The plan itself. which I just mentioned. The tech-
nical report. which is a back-up for the plan. This is then presented
to the City Planning Department. in a photo -ready form. It has not
yet been reproduced in multi copies but its appropriate for that re-
production you see here. In addition to that product there are four
technical. appendices. (.ne of which I have here the others have been
again presented to the city ;Manning department in photo -ready form.
This one harpens to be the zoning report of Dr. Bartley and Mr. Bair.
The others are economic transportant and social service. I want to
emphasize that OIL plan is a In -year plan. 1976 to 1986. Obviously
this is going to be a process that you're going to be continuing.
Its actions and decisions will be incorporated at your discretion
in the first six years as cart of the capital program,.. and the capital
investment process. Aside from the technical report. for example,
an imrortant component of that which is (I have it flagged in my own
cory if you'll bear with me a sea nd) a capital needs list by planning
district. This is evolved out of the work of the Planning Advisory
Board and the task forces listing not only things that are already
in the city's capital programming process, but those which the neigh-
borhood district by district conceive of as important and I'll cite
you an example one of which is in for example in planning district
D, a neighborhood facility rennovation finalized with 3-year C.D.
Funds thats already in the program and several new schools, for example,
Shenandoah Elementary School as a school which should be adopted as
rart of the plan if this conforms then to your capital programming
process. The r-1an is comprised as Mr. Acton said of all of the
4
NnV 17197B
retuir'ed elements and most of the opticona , elements as set forth in
the state, local government comprehensive planning act of 19754 It
cotforrns to that act requirements and has already served as one of
the basis for preparation of your annual housing assistance plan
prepared by the Office of the city Manager and the Community Develop
gent Block Grant Application and obviously it has a continuing
relationship with us. At this point I'm going to introduce Boris
Dramov who will speak to the specific elements of the plan. Mr. bramov?
Mr. Boris Dramcv: Thank you. :'an you all see some of these boards
or shall I bring them around a little further? I.think each member
of the Commission has a copy of the plan if not. perhaps would like
one. Any one else need a copy? There are a lot of details and all
of those documents which we have prepared, as well as the various
maps and even on ...just those two sheets. and its a little difficult
to cover all of them, but the main effect. I'll try to do is to go
through all of the elements, you have a copy of the plan in front of
you and try to be as specific as possible without taking up the rest
of the afternoon. The first e'erirent that you see on the main side of
the map is the future land use plan element. Its the colored map on
the front. It designates the extent of the different kinds of land -
uses in the city residential commercial, industrial, public and
quasi -public. The future land use plan shows the land uses up to
1986 and it is important to note that a lot of these land uses are
going to be the same as they are today in many parts of the city.
A lot of the development patterns have already been set and what is
to a great extent residential will stay residential and what is
commercial will stay commercial. However, there are a number of
re -development opportunities and in the map in the left hand corner
are shown the areas where changes to the existing regulatory frame
work will be recuired in order to have the existing regulatory mech-
anism, zoning conformed to the plan and that is the requirement of
the state act, that your zoning be in conformance with the plan itself.
Most of re -development opportunities are -- some of the major ones
along the Miami River and in the coastal areas in the downtown Medical
Center and I'd like to illustrate some of these to you. We've brought
some boards here to show you what some of the possible developments
could be like in each one of these areas.
While Boris is turning those boards I might inter-
ject that the usr of the word re -development. perhaps not exactly what
we're talking about. We're talking about change. Some of which might
be re -development in that particularly sense. Some of it which might
be simply zoning change to allow for more intensive uses so that develop-
ment is perhaps a more appropriate word than re -development itself.
Mr. Boris Dramov: Now, on your plan many of the re -development
opportunities are identified with letters and then the development
objectives are listed around the side. We've picked three of these
to illustrate to you. The first one is in the Miami Riverfront area
and thi•- sketch shows you what some of the potential of that area
might be. Both for commercial and residential uses, including
Marine oriented uses. I won't go through any further on those details.
but there are a lot of opportunities along the Miami Riverfront.
Another one is related to the proposed Rapid Transit System and some
of the development potential around the Transit Station Areas. A
lot of potential for joint development to go along with the transient.
Another one which has been discussed earlier, which is the new -town
in -town residential community in and adjacent to the Downtown Area.
There are also neighborhood scale kinds of new development opportunities.
Of course, plans for Martin Luther King Boulevard are underway and the
implementation of those plans are underway. 8th Street, and many others
around the city. The transportation element*The next one I'd like to
discuss with you, includes the traffic and circulation, mass transit
5
•
ii g4tt:, aviation , cln'.l r.rlate,; f„c".i i , H, r rmct'; as e ui rr'd by the
13t: tr Planning Act. as well ,is opt on,i1. elrmen'.s .related to circulation
tt3 hoh aiftomotive vehieu1tir'.hi.cycle and off-street Parking facilities.
This element incorporates existing state. county and city plans. In
addition to these transportation improvements and those forthcoming
frea ongoing studies. Actions are proposed to further facilitate move -
Merit within and through the city. The transportation system designating
the types, location and extent of existing and proposed major thorough
friers and transporation routes as well as the proposed mass rapid
transit system and the people mover system are shown on the future land
tine and transportation map. So the entire system is on the map itself
the changes to existing proposals are shown in the text on the reverse
side. For example, there are two changes to the proposed mass rapid
transit system. (1) In terms of the location of the proposed rapid
transit stations. We have recommended the location of a station near
the museum and the Viscaya complex, rather than add 17th Avenue and
the Rickenbacker Causeway this station could serve both of those areas
jut as well and would allow better access to the Vizcaya complex.
Another change to existing proposals is the one - the alignment going
through the Medical Center and in term we are proposing that it should
go directly through the Medical Center rather than on its Western Border
with the transit station located right in the center of the medical
center. The rest of the stations arr as they are proposed. In addition
there are several improvements to traffic in the downtown area which are
proposed. Which have not been considered previously. One of them is
the improvement of 1st Avenue in the Downtown connecting it with a bridge
to the Brickell Area, allowing better north and south movement. Anothe'�
onr is the creation of a couple in the downtown area connecting to a new
bridge across 7th Street to increase east/west movement. In addition to
these we have proposed public parking in many of the areas. The location
of moderate income housing. Enclosed proximity to job opportunity as
a method of reducing the need for commuting and a bicycle system and
pedestrian improvements . The housing and residential element. the next
one and the text of tha': element on the backside of your map in the
upper right hand corner. Along with the economic development element,
its probably one of the most important. Miami existing housing stock
is in good condition in the preservation of that resource. Its very
important to the cite. The two maps adjacent to the element described
first the relative condition that is found in each one of the neighbor-
hoods(and just for the audience these are the same map here, you can
see it probably a little bit better). Each one of the neighborhoods
was rated on the basis on social economic, and physical factors. and it
becomes a basis for some of the treatment which is proposed. The diagram
below that demonstrates the population migration patterns and indicates
a critical trend in the out migration of middle income families from the
city. The subsequent graph indicates population trends, both by major
population group as well as for the total population of the city. And,
shows low and moderate and high population projections for 1986. The
moot important aspect of this graph are the ones related to the economic
condition of the population which may exist rather than the numbers of
people and the critical concern is that the city does not end up being
jut a place for the very rich and the very poor. The n(=-xt diagram shows
you the distribution of the population growth that has occurred over the
last 10-years and the cr'tical aspect of that is the decline of resident
population the center city areas. All of thes a aspects, as well as
the problems and the conditions in the neighborhoods are addressed in
the housing and residential neighborhood element as well as the economic
development and supported by the other ones. The housing and residential
neighborhood element recommends both housing markets strategies and neighbor
hood development strategies. The first housing market strategic is to
maintain the r'uality of the existing housing stock and there are several
actions listed under that as means of doing so. The secnnd one is related
to providing direct public assistance per housing. Public assistance in
fact considering the cost of housi 'g has to be snared over a wider and
wider group.
6
N n v 1 7 147
lallace : Y might inter t at ' a.1 s oi- t, incidentally, that
Of the important rdi.nts i the 1an and the technical report is
he potential use of bond program es both second mortgage financing
hd rehabilitation and rennovation financing which we feel is terribly •
important in neighborhoods to encourage eeople to stay where theyare
to realize the Iotential for the area itself.
nramov: Sc, this is ,7 very important aspect of the plan and
continued rublic assistance per housing, The next one is avoiding
concentrations of t%ublie assistance hoiisi.ng, and presently the City
lees about 60% of all of the c;ubl:i.c assissted housing in the county.
And. the concern of the city becoming the recertor area for all lower
income families in the county is one expressed in this strategy. We
:'have considered in addition to housing market strategies, neighborhood
development strategies. And, this is very important especially. since
we have said already that the housing stock is in good condition, but
the continued attractiveness of the. neighborhood for people that are there
and for those who may come to live there in the future is very also
very important and what may be appropriate in one area may not work
in another. There are four strategies proposed in healthy areas
normal maintenance. In transitional areas preservation and improvement
and a number of actions are listed underneath each one of these. In
problem areas, a service intensive strategy• and in development
opportunities area. a re -development strategy. Each one of the areas
that are approLriate for that kind of treatment is designated on the
map adjacent to the neighborhood rating, neighborhood treatment map.
shows areas where a normal maintenance is recommended where preservation
and improvement is recommended for a service intensive strategy and
re -development is recommended. The economic development element is
concerned with maintaining existing employment opportunities;creating
new employment opportunities and strengthing the economic base and there
are four strategies which are recommended here. The first one is
providing public improvements and services to maintain and strenghten
existing viable commercial industrial areas. These are the kinds of
actions which the city can take and the county can take for that matter
in helping to maintain existing commercial areas. The second one is
one aimed at strengthening and expanding Miami's economic base by
promoting catalyst developments. And, there are a number of those which
you have already undertaken, in fact, in today's paper. There was one
related to Watson Island. Those of the kinds of development projects
which lead to spinoffs and in private investment. The third one is
improving the employ ability and the employment of Miami's Labor Force
through Manpower.•lrogram. This is the other way of increasing employ-
ment is by increasing the employ ability of the population. And, finally
the one that requires that requires the greatest commitment, but of
course has the greatest return is the redevelopment strategy providing
:direct public assistance to yromote redevelopment to attract new businesses
and industries to create job or.portunities and to strengthen the economic
base. It also means that it takes the longest time and does require
the greatest commitment in terms of funds.
Mr. Wallace: I might interject.at this point again, that the recent
turn down of tax increment and tax abatement legislation or potential
isn't necessarily as devastating a setback as one it might appear from
outside Florida. For example, in California a recent survey showed that
of 291 cities that had major programs. 214 used the tax increment plan,
I think, as a devise to in effect take the place as the federal program
shifted from categorical grants into block grants and most recently
in Baltimore where we're finishing a major renewal strategl and plan
for the ci ty' s downtown shceeine :,enter, The approach is to use the
tax increment concept but not actually within tax increment legislation
that is the inr.rease in taxes there to the amount of 3 million dollars
a yea ' will support the bond issue necessary, the general obligation
bend issue necessary over a 15-year period to carry out the program,
EL-
7
Mrs bramotle The next one thac. I tea: going tc) talk about is the
MMUnity design element in the lower left-hand corner. It gets
to &Otte of the specific actions which in term will help in preserling
and improving existing neighborhoods, as well as some of the kinds
Of actions that you can undertake for stimulating economic development.
Many of these are related to the public right-of-ways. And these diagrams
show street cross sections and specify standards and treatments for
both landscaping, lighting , signage and other kids of improvements on
the right-of-way which can he done through public funds to improve
the attractiveness of residential areas to maintain commercial areas.
In addition there are certain actions directly aimed at the riverfront
and the bayfront that are discussed here. The strategists which are
recommended and especially considering that a lot of the city will
stay as it is. Its first of al.l, a tree a: lanti",g program. This we
have talked about earlier as you remember. And is one of the ways
and inexpensive. and relatively inexpensive way of during a lot in
some of the areas that are not going to be changing in terms of their
housing stock, but these improvements can be done to the right-of-way.
Other ones are directly related to pedestrian improvemerts in high
activity areas. The recreation and open space element is concerned
with satisfying the basic needs for recreation and open space as well
as giving some of the services necessary for maintaining attractive
neighborhoods. Each one of these maps shows the need. The first one
shows the need for ... the present_ need for parks. The gray areas are
areas that need new recreation and open space improvements. However,
the second map shows the im»rovements, the areas and much reduced if
joint utilization of some public properties are undertaken. However.
it is important to note in both of these that one of the areas of
greatest need for recreational opportunities is still in the Little
Havana with about half of the cities need located in that area. Each
one of the strategies that are listed here are different ways of
satisfying that need and there are several strategies recommended which
do not require any land acquisition. The conservation and safety
element deals with the preservation of natural resources as well as the
avoidance of hazards zards from hurricane and fire and several -- the develop-
ment and the adoption of guidelines related to the water conservation
energy conservation coastal zone management and the protection from
flooding and tropical storms as well as noise abatement and historical
preservation are recommended. In addition, there will be guidelines
developed for the coastal zone by the southern florida regional planni
council in their studies now underway, which will be included as part
of these. The utility element deals with both the sanitary sewer.
portable water, drainage and the electric power elements in the
required elements in the comprehensive }planning act and recommends
additional actions to those that are already proposed by the county,
city, and private utility companies for providing adequate services.
The last element, the public services and facilities element deals with
the distribution of health. educational. and other kinds of social
services to the city. The city has transferred most of its responsibile
for the provision of social services to Dade County. however in addition
to those strategies rrepared by the county there are several actions
that we felt that the city could do to provide better services in the
city. The elements of the plan are inter -related in the plan as
internally consistent. Its economic feasibility hinges on city
consideration and ado.ti_o of the capital improvement program and budget
being r rep ared with the assistance with Wi1RT by the department of t-.lanning
Revision to th2 zoning ordinance itself have been undertaken to be
followed by a district rema;}:ing of zoning to conform to the plan or
vise -versa to change the rlans. Thank you very much.
Mrs. Gordon: The .'ayor bad to leave for a few minute and I'll be
conducting in his absence.
Wallace; I'll turn the meet in9 at this point bac% over tO
8
NnV 1 71cr7c
oofdon: Thank your
s Actoh: dire Mayor and Mo[ttbets bf the eNt5mitia§ial t d 110e
t'bw have Ernest Bartley make a brief coMment'on the part bf
the eOtprehensive Neighborhood i lran that seals With 2bning analylia
of our existing ordiranr-e. Dr. Bartley?
Ernest Bartle-'! Members of the Commission. Ladies and gentler en.
I will indeed be brief. Fred Bair. President of Bair/Abernathy &
Associates. Planning Consultants from Aurbandale and I have had a
'small part to play as land use control sub -consultants in this
rresent major planning effort of the city. I would simply say 1
:'think at this point that what you're seeing here today of course
is the t-resenta' ion of goals and objectives. A variety of strategies
designed to achieve those goals and objectives. Our effect Bair & •
Bartley is this very balky technical appendix which analyzes the
,present city zoning ordinance and which looks down the line to the
'implementation of these goals and objectives. What you're seeing
here today is not a designation in a sense;its a departure point.
The total planning process of course exist not only of setting the
goals and objectives but then deciding how yrn're going to attain
them. The only danger in my making any presentation brief as it is
hrre today is that perhaps too much emphasis will be placed on zoning
as a tool for obtaining those objectives. In many of these matters
which Mr. Dr.amov and Dr. Wallace have mentioned. zoning may be relatively
unimportant or of no importance at all in obtaining those objectives.
And I don'!: want us to get out of focus on that point at all. Zoning
along cannot do the job, there's no way. What we have done what Fred
and I have done in olr report to make literally scores of recommendations
it is not within the constraints of time to attempt this afternoon
to sketch ever, the major recommendations. I'll mention very briefly
only two or three of those r-'commendations. The first of which is
already in the process of implementation. It was our number one re-
commendatioi that the Miami Zoning Ordinance required a complete
reorganization and rewriting and that of course is in process. The
objective of that rewriting would of course depend upon or require
attention to substance and procedural features. Eliminating a lot of
the internal inconsistencies that exist at the present time, eliminat- •
ing present conflicts and ambiguities. Above all the utilization of
a number of modern zoning and land use control techniques which are not
founr' in the present ordinance and which are not presently being utilized.
A simplification of permitting procedures, most important. I think
that beyond that particular recommendation, as I say litterly scores
of them. I think that since the city is already moving in the direction
on that point that a lot of these other things we will discussing as
time goes on and as we get into the owners business of trying to implement
whatever goals and objectives this commission may ultimately decide are
proper ones for the City of Miami. One last word, mention has been made
here today of the local government comprehensive planning act, which was
passed in 1975. I simply want to throw a little congratulations or
what -have -you in the way of the City of Miami. I get around this ;state
a great deal and I know of no other unit of local government in th..s
state where there is a more concentrated effect being made. Meet i:he
requirements of that 1975 Act. I think you deserve congratulationn in
that regard and as we continue here in the future I':n sure that
the city will continue in its effects to meet the requirements of the
local government comprehensive planning act. Thank you.
Mrs, Gordon. I would feel remiss if I did not say Hi to Dr. Bartley
because I think you played 3 great 1-art in us being in the position
that we're in ready to act with regard to state comprehensive planling
act and had we not been able to accomplish what you helped us to
9
1
ae&5mrlish which was the ::r'' .:tit; t 3 i.annirc board which turned
dsit to be one of the fi.nest bodies that this city has ever created
and which we totally ar.preciate',the dedication and ability that
penp 1 e that are sittiee on that: board but you did heir us to forth
that baby and it rat:hct nice to he here today to see you and Dr. Bair
and thank you for the hele you've given us over the years and that
goes back about 4 years or more. thank you. Go ahead George, I just
had to say that because I was sitting here like a proud grandmother.
Mr. Acton: very briefly now I'm going t describe the process from
this point on thro Igh next Agri i and then after I describe that we'll
throw the meeting open to any comments tee commission might have to
any comments thr' Commission might have pertaining to any aspect of
the plan that has been mentioned. All of the consultants are here
if you have any questions we'd be pleased to answer them for you. I
want to stress that today the only action that the Administration is
looking for from the City Commiss ot, is the authorization to transmit
this plan to other units of government in conformance with the State
of Florida Local Comi-rehensive Planning Act. and if you'll look at the
chart to your right you'll see the sequence of the events that are
scheduled over th- next four or five months. The first sequence which
lasted 60 days and all of they' by the way are mandated by the state
act in other words the scheduling and the dates. the length of time
that you see are all mandated. We can't deviate from that particular
schedule. but there is some flexibility in terms of lengthening the
various reriods of time. But bo'ii_nning with today, the City Commissic'
would authorize the transmittal of this planning document to the
Division of State,Pl<anni.ng to the coastal coordinating counsel which
by the way the name ha:' bean changed recently. Its now the Bureau
of Postal Planning ureter the nerar.tment of Natural Resources. The
Dade County Planning Department and to any units of local government
that has requested a cony of the plan. Now ur-to-date we have received
requests for cop ices of thi e rlan for review and comment by the City of
Hialeah. City of Coral cables. This sixty(60) day period of time is
for the purpose of having other units of government analyze.what the
City of Miami Comprehensive flan has recommended and transmitting
commenh s at the end of that period of time to the City of Miami.
After those comments are received the City of Miami then has four weeks
to respond to thonr' agencies that have comments on the plan and that
period of time is from 2 through 4, if you look on the chart. The
number 3 designation on the chart is the date when the Planning Advisc
Board would hold a public hearing to make recommendations to this
commission concerning comments that have beenieceived by other units
of government. Date number 4 is the mandatory date this commission
must transmit your comments to other units of government and number
five is the last date which is the date when the Miami City Commission
would hear comments for the eublic hearing and hopefully adopt this.
plan. T wanted to stress again that the 60day period of time which
commences hopefully today is that period of time when the other units
of government I.lus the citizens, ;plus the commission itself would have
ample time to reveiw the plan as recommendations . Now the comprehensive
plan as I stated earlier purposely has been kept very flexible and to
a certain extent general outside of identifying the types of land use
activities and other actions that are recommended to the commission
to take care of any future conditioes that might arise so we the
City of Miami do not e.e t in a bind of having to amend our plan to
to meet some future emergency for that is the tentative schedule at
thy; point and time so I'll now throw the meeting open to the commission
for any comments that you m.i.3ht have to any members of the staff of the
Planning Advisory Board or thy, consultants.
Mrs. Gordon: (lc, „r. >.ayor,
IOW
maw
Mayor Ferre: All right, Are there any comments or tueetiona on the
part of the members of the commission?
Mfrs. Gordon: This is a eUhlie hearing, the r.ublic is invited to speak.
10
NOV 1'1 1976
or PefrF : 'IShe adverti s ins
11that ?
Adtbh: 'Yes.
Mayer Terre: Are thereany members of the public who wish to ask
any auestinns or make any comments at this time? Is there anybody
in the audience who would like to speak to the presentation that has
just been made for the fast 45 minutes? Yes ma'am your name and
address:
Mrs. Adams: 1.110 N.W. 5th Terrace. 1 would like to make a complaint
about the water that we keel- calling, that lives in front of our
door when it rains. I've called several times about it and it we
don't get no action. The water stand there`...
Mayor Ferre: A:11 right. Mrs. Adam's would you the Manager or someone
on the staff will take your name and address and if you have ... If
you feel that your complaints ar not properly satisfied you're
welcomed to come back at any time to this commission and I will
recognize you at that time. All right, are there any other comments
statements, questions, yes sir, yes ma'am.
tis. Lauraine Dunn: I got my Little River Commerce Association hat on
this afternoon. I have worked as part of the N.E. committee that has
sat and worked with Mrs. Rocka el ar and all of the other people. they
have been working in this area for this very pleasant period, because
it has been pleasant for us as She said it has established a give and
take that we never enjoyed before. It has given us contact with our
government that we never had before. It has given us a reception and
a concept that we never had befor and on the behalf of the Commerce
Association Mr. Cup and our President who could not be here this
afternoon asked me to tell you that we were substantially in accord
with the concept, particularly with the study that was made for our
area and that we will continue to support and help.
Mrs. Gordon: All right, is there someone else?
Mr. Martin White: Ladies and gentlemen, my name is Martin White.
I'm a property owner in the City of Miami_ now close to 36 years. I
have a piece of property that I feel that the City should consider
in this overall comprehensive plan which I believe is wonderful.
I think Mr. Acton and all the other ladies and gentlemen connected
with it are doing very fine. r noticed recently when I received
one of these brochures in the mail that there was some spot zoning
on Dixie Highway. This particularly property was a certain area which
entailed one block and just one corner. They took this property
and they recommended an RCC 2oniay which I think is a very good
zoning.for the overall area. I feel that there should be continguity
up and down Dv.xie Highway, either you take most of your property,
naturally is built on Dixie Highway. I'm talking as specifically
in the Bridgeport Street Area, which is behind the shopping center
and the property across from Zayre's which they have changed from
R-4 to an R-CC recommendation. which I feel is a very good one. I
am an owner of property on the opposite side of 27th Avenue which
covers four blocks of rroperty going from 26th Avenue down to 22nd
Avenue. I happen to be a tax }sayer and an owner of this property
for 26th years. Many years ago an RCA zoning was put on this property.
ii , Mummer.: Sir. are you aware that you're actually here on item
:2 and not this item thats rresently being discussed.
, White: I thoughtits a comprehensive planning.
Mr'. Plummer,
It is sir. but you're speaking to the 2-CC in particular,
11
Novi ri1976
dofrect3
Mr, 't4h i ' e t Yet.
irr. Plummer:That' s iteM 12. if
Mr, Villittt oh. I'rt sorry. EXouse MYte.
Mr. Plummer: B, glad to hear yoti . but you're q in it i-ia'Ve
repeat yburself later on.
Mr. 'White: Veil, I'll come back. Thank you very much Mr. Plummer.
1
Mayor Ferre: All right. are there any other members of the public
that wish to address the commi.ssio at this public hearing at this
time? If not, what is the will of the commissiol?
Mrs. Gordon: Mr. Mayor it would give me a great deal of pleasure
to move you that we send this documen'_ along i`s way to adoption
which is a period of time from today. but the first step of which
is outlined on the mar. The one which says we must send it to the
State of Planning Agency and to other local agencies for review.
Mr. Acton would you please relate into the microphone specifically
what this motion should include in order to comply with ...
Mayor Ferre: I'll read the resolution....
Mrs. Gordon: I don't have a copy of it, but that's all:
I'll so move it.
Mr. Plummer: I'll second it.
Mayor Ferre: All right, its moved by Mrs. Gordon. Seconded by
Mr. Plummer, is there further discussion on this item? If not,, call
the roll.
The following resolution was introduced by Commissioner.
Rose Gordon. who moved its adoption:
RESOLUTION NO. 76-1031
A RESOLUTION DELCARING THE INTENTION OF THE
COMMISSION OF CONSIDERING THE ADOPTION OF
CERTAIN ELEMENTS OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN: AND AUTHORIZING THE CLERK
TO TRANSMIT COPIES OF THE PLAN TO AFFECTED
AGENCIES PER THE REQUIREMENTS Or THE LOCAL
GOVERNMENT COMiPREHENSIVE PLANNING ACT Or
1975 (CHAPTER 75-257 F.S.) .
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by commissioner Plummer, the resolution
was• passed and adopted by the following vote -
Commissioner Manolo aeboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Ros- Gordon
Mayor Maurice A. Ferre
Emmw
camq
INCE
11
INV
Reci
imirt
M
mr
mtF
12
NOV _`1976
ON/TOLL CAtt
Mrs Piurnttert Voting yes, T just Watt to Make for the record, this is
one tore thing that the taxpayers of this cormunity have had to pick
Up a state program mandated by the state, but no funding was made
available. The taxpayers had to pick up what the state wanted and
mandated for us to do. I think its a fantastic program. Its a
fantastic work that has been developed. I have to raise my objection
to a state mandated grogram without state funding.
Mayor Ferre: Por the record. How much have the City of Miami expended
up-to-date on this?
Mr. Acton: Its Federal Revenue Sharing Funds Mr. mayor.
Mrs. Gordon: I was going to state that in the first allocation of
Federal Revenue Sharing Funds when we were groping for what we were
supposed to be doing with thin money. We allocated at that time
$391,000.00 for the development of a comprehensive plan for the entire
City of Miami and at that time before the state ever thought about it
the City of. Miami thought about it and decided that it was time to
begin developing this kind o a plan. So really and truly it is not the
taxpayers per se' of the City of Miami but in fact the taxpayers of the
United States of America who are contributing to this comprehensive
plan.
Misr. Plummer: I think for the record what I wanted to state was --
there was no state dollars forwarded to assist us in doing this.
Mrs. Gordon: Not in addition too, no.
Mr. Plummer: Not at all.
Mayor Ferre: The question again Mr. Acton in rough figures,
approximately has the City of Miami expended in this?
Mr. Acton: $385,000.00.
Mayor Ferre: To date.
Mr. Ac o n • To date.
Mayor Ferre: So that of course
the city's particiration?
Mr. Acton: No.
how much
include your participation -
Mrs. Gordon: Do you have some money left over from that original
allocation?
Mr. Acton: $6,000.00 reserved for the final printing of the final.
document.
Mayor Ferre: Tn voting I'd like to commend of the Wallace firm,
Dr. Wallace and his Associates for an exceptionally fine study that
has been made. i think that the staff recommendation to use the
Wallace --- firm was certainly well advised. I think we chose well
and its been reconfirmed by the document that has been presented
in final form today. So to Dr. Wallace and to all of the Associates
that have been involved that participated our gratitude and our
recognition of a job well-done. I vote yes. Is there any thing else
to come up on this item?
13
NOV 171976
ONO, STREET WIDTH 9TH AVENUE NORTHEAST (APPROXIVATELY a FEET NORTH
OP 83RD S1REET) - DiSCuSSICN AND TEMPORARILY DEFERRED,
Mayor Ferre We are now on the 3:00 P.N. agenda. We Will take up
itei3i which is an ordinance on first reading. I'll read the ord-
inance while the peotle are leaving the room. Phis is an ordinance
establishing a Zoned Street Width of gth Avenue N. E. a e roximately
160' north of. N. E. 83rd Street, at 40' (50' normally required).
'hia is in conjunction with a new tentative plat of the area adjacent
to the street. The Applicant is Marie Meyer. The Zoning Board by
a 5 to 2 vote recommends Denial: the Planning Department's recomme:nc;-
ation is Approval. Eleven (11) objections were received in the
mail. Twenty-one (21) objectors to this item were present at the
Zoning Board meeting. This item was deferred from the City Commission
of Cctober 27th. Are the applicants here?
Mr. Bob Davis: I'd like to exrlaie this item if I may Mr. Mayor.
Mt. Mayor and Commissioners the history of this item is this that
the a-;licant through a develorer first submitted a tentative plat
as shown on the left here which includes a fifty foot right of way
a 50' ft, radius cut de sac with an existing house on this lot and
n total of five lots in the new subdivision. This in present time
is one comj lete set of rrorerty. C ne 3- ronerty with one house on iz.
They then decided that they would like to =-eti tiort for a 40' right
of right as shown on this chert. They then decide3to petitio•-: for
a 40' right of way which would enlarge their lots still leaving the
same number of lots however our law requires that a ft. street
be dedicated to the city.uniess there is a variance granted from
that law of thi eetition today is a change of ordinance to descriac
this street with a 40' ft. width rather than a 50' ft. street so
t hat they can have larger lots. I'll turn these around for you.
•irs. Gorden: n: Bela does that change the width of the cul de sac too
or just the -- everything is deminished, ok. Excuse me. thats all
that recuirement is.
".r Plummer: Rose, just while you're waiting I just want to bring
of the fact that when we look at this garbage ue on the wall and we
look at thi crazy configuration here. I want to remind you this is
what I tried to bring out in Budget to try to redo this chamber so
that it would be convenient for everybody and 1 was knocked down that
it was a waste of money. I juat had to Fut that on the record.
Mayor. Terre: Ch. I don't think anybody felt as I could remember that
i t was a waste of money. I think the consensus was that at this
time with the budgetary constraints that we have that we can't afford
it thi.s year. I'm holing that in the future when all the efficiencies
that arP very ceeable the Manager is going to rut into effect that w:'11
have plenty of money to do some of these things that need to be done
in the future.
Mr. Davis: And, further reference Mr. Mayor and Commissioners this
rrorerty is zoned a-1 and this slat as originally submitted would
remit a single-family dwelling on each lot. Whether or not they wcild
gain this change to 40' or not there would still be rossibi1ity of
having 5-homes on this property instead of one.
Mayor Eerre: All right. now as I understand it the Planning Departmlr.t
has recommended for it, there are cb_,»ctors. So would the proponent
please sneak to -.his. And I would like to ask the opponents whethe.7
or not they've decided who the spokeman are going to be. Two people
do you feel that five minutes are sufficient for each orle of you?
14
NOV 171976
Ail right, That means that the r rol_'osaL... I would recommend to
the rropOnents that you speak five: minutes and save the other tithe
for rebuttal if you might want tb use it and I would retOthmend the
tattle to the optosers.
Mt. Plummer: Mr. ,'ayor for the reeord . 1' m going to interject
something here thats going to be very unpopular but I'm going to
interject. This doesn't speak to this applicant but it speaks to
all applicants. The ch,+rter provides that any matter of toning
Which is brought to this Commission is that of an appeal and based
upon appeal the only thing that this Commission shall hear those
items that arc new or not brought up at the lower level. Mr. Dais
correct me if I'm wrong.
Mr. Davis! In this particular item Mr. Plummer this is an ordinance.
the Zoning Board can only recommend an ordinance to you.
Mr. Plummer: But on zoning items changed -
Mr. Davis: Not a change - anything in which requires an ordinance
the Boards action is only a recommendation.
Mr. Carlo Bueno: I am living at 35 N.L. 81st Terrace. I am the
Develorer who is planning to build four original houses and I am
asking the City Commission to let me build a 40' streetinstead
of a 50' street. The reason I am asking this because the person
who is interested in buying the house they would like or prefer
to have a narrow street and I feel they are only people that is
going to use the street so they will be the one to decide and to
ask if they need a 50' or 40' street. The person who didn't want
to let me build a 40' street this person is not going to use that
street. They don't give me any good reason because they don't want
to let me build a 40' street.
Mayor Ferre: Any other comments you want to make?
Mr. Carlo Bueno: No. Mr. Fernendezthe one who is the buyer,
Garcia is another one. They are going to use the street if they
want it a 5f) or 40' feet.
rlavor Ferre! A11 right. Well, let the record reflect that two of
the potential purchasers are in favor of a 40' rather than a 50'street.
Thahk you very much. Now the opronents.
r.lr. Edwin Dean- I live at 951 N.E. 83rd Street three doors away from
this prorosed development. This is not the usual:case that comes to
you involving hardship rather or harm to somebody who is landowner.
This does not involve the highest and best use of a property. This
in truth is a spec ulation and its a spec ulation that would harm our
neighborhood. We have no objection to Mr. Bueno as a neighbor, we
would welcome him but not on the terms that he proposes. The small
houses that he would put on this Development would in our estimation
damage our neighborhood, cause great traffic on a narrow street
83rd Street. which is already overburden as far as sewers are concerned.
As far as water eressure is concerned and so on. We recognize that
Mr. Bueno could build under present law with a smaller lot, but the
market forces would keen him from doing so. He has not exercised this
sale. The sale is conditional on this variance being granted so the
market forces would keep him from doing this. Now we have a development
at 83rd Street and 7th Avenue which - where they did the same thing and
we have a first hand examrle of what has har.rened there of the four
houses that are built. Two have been for sale for months and we have
a dozen houses in the area that arc available . There are no shortage
of housing in this area, We urge you heir us protect our neighborhood.
Iielr us keep these small boxes which will cause great congestion
15
NOV 171976
•
On Our Street and in cur neighborhao(..
Thank you.
s. Patricia 1•.olski: t liVe at '040 e3rd Street. The qUeStion
.:*te is not realy whether we want the 40 or the 50' strt. The
UeStion is really Whether we Want this type of system of homes thtts
e4e5ing to go in. This tyre of system will do nothing but increasc:
ettensity. It will lead to cracker box houses the same that we have
:Heft East Dixie anc 83rd Street and we don't want it to hapren again.
I think this type of system of homes is meant to lessen density not
to increase it in an area that is already fairly spacious. Also
as Mr. Dean said there are many homes for sale already and I think
that what we need. is our Commission to think beyond just the width
street. To think of whether they want to go in and really make a
tttern of this happening in neighborhoods where lots are already
quite sizeable, suite a few of them are good size lots. And, also
I'd like to inform you.that I wrote a letter on July 13th to Mr. Griam
in which I wrote Dear Mr. Grimm if you recall we had dealings with
each other regarding the Baycrest Highway Improvement. On June 21,
.1976, I attended a Zoning Board Meeting during which item #5 an ordinance
amendment and I stated this possible ordinance. The Board ruled that W-
it would recommend against the 40' rather than the permissible 50'
street. This is to come up before the Commission sometime in SeotemLer
it was scheduled at the time. What I would like to know is whether
the developer who wants to actually build a pad system of homes whie'e
we're all against will be required to have sidewalks, curbs, gutters
for drainage and etc. My husband recalls a conversation he had with
you at the time of Baycrest matter in which you stated something to
the effect that there would be no more new streets going in up here
without these provisions. Please advise me regarding this. Also I
would like to read his reply. This is in reply to your letter of July
13, 1976, concerning the requirements for a subdivision located at
'approximately N.E. 9th Avenue & N.E. 83rd Street let me assure you
that if the application for this subdivision is completed it will be
recessary for the developer to construct sidewalks, curbs, and gutters
and the necessary drainage structures to accommodate his proposal it
would also be necessary for him to extend the sanitary sewer line to
provide for any new buildings within the subdivision. In order for
you to ascertain sufficiency for water and so forth. I think I've
said the meat of it. Actually, I would like to know whether this is
really fact is he going to have to do this and this will cut down the
lot size anyway. Bascially, please don't pay attention to the street
width but deny it on the basis of what it will do to the neighborhood.
Thank you.
Mayor Ferre: Thank you Mrs. Kolski.
Mr. Bob Davis: The building permit which either subdivision is gone
ahead with in this item. The plat must be recorded under your rule
Hof the last meeting before the building permit can be issued on this
site. Therefore all improvements must be completed on this before
building permit is issued.
Mayor Ferre! All right, would you the Department please make their
presentation as to their recommendation?
Mr. Acton: mr, mayor and members of the Commission we had recommended
epproval of the lesser width tc provide a street that was more in keTing
with a residential scale and would contribute to we felt larger lotla
and better development for the area.
mr, ,Plummer: Mrs. Kolski, let me ask you a questio-, because I'm
Completely confussd. Is it your thought that if we don't grant this
there won't be five unit S built is that what you're UltiMately try,in,3
tO aCeOmpli4h?
1.6
NOV 1 '976
Ara. Kolski: I'ai trying to keep it to the 50' street on the hopes
that the sal won't go through in this pad system of homes will rot
be built.
Mr. Plummer: So in other words, what you're trying to accomplish is
to keep it to four residents rather than five, is that what you're
trying... I'm at a loss of trying to understand what you're trying th
accomplish.
Mrs. Kolski: I'tn trying to leave the list as it is.
Mt. Plummer: BUt have you seen the plat?
Mr0. Kolski: Yes.
Mr. Plummer: ok, the original plat shows five buildable lots.`
Mrs. Kolski: Yes, I realize that he can go ahead...
Mr. Plummer: And, you don't think for one minute do you that he isn
going to use five buildable lots.
t
Mrs. Kolski: I think he will do whatever he can do and he can go in
there right now and put a street in. What I want to avoid is breaki_tg
up the whole parcel. If I tried to keep this to a 50' street perhaps
the sale will not go through. Perhaps it will be cancelled and we
can retail that large lot there and eventually have a big beautiful
home there.
firs. Gordon: Mrs. Kolski, the point you just conceded to is the dilemma
that we would find ourselves in. There is n$ h pg that I know of that
will prohibit development. If its not this J of this particular home
it'll be some other buyer perhaps a little while in the future or some-
thing of that sort. But as I understand unless I'm totally wrong that
what the request is appears to me you know examining it from the plat
and knowing what I know about zoning. You might be better off if we
approve the 40' because then the home sites are going to be better
and...
Mr. Plummer: Excuse me. Here's the point. What I'm looking at here
is the original plat that's already been approved in 1973. So we're
not speaking to the question of four sites or five. That plat if tt ey
revert back to the old plat they've still got five buildable sites.
Mrs. Kolski: That's for the 50' street, am I correct?
Mr. Plummer: That's right, but let me tell you I don't know of any
developer today who isn't going to build the maximum of what he can.
Now to me it seems like to me that you would be better off and less
crowding with the new plat than you would with the old.
Mrs. Kolski: All right, I understand that he can go in with the
50' street and he can create the systems of homes. He can do that
right now. He doesn't ... He didn't even have to go before the Zoning
to do that. I understand all that. We all do. What we want to avoid
is that system of homes there. That cluster, because even with a larger
lot the homes really► can't be that big. And, what we want to do is
improve the neighborhood and bring them up instead rather than down.
We've got cracker box houses right on East Dixie.
W. Plummer: Yea, but you see the old adage of zoning is that the
bigger the lot the more roomyness feeling that you get.The cluster
ill be more severe in a smaller lot thats what I'm getting at.
r.Edwin Dean; The issue Mr, Plummer, I don't believe this gentlem4n
17
Nov 171976
filed the plat in 1973. If my memory serves me c rr.: t +_y he filed fo_
t 30' street and the Zoning Department 'col(' him ho couldn't do thast.
nd, they went up to 401, This tttah was not a buyer in 1973. What the
idtde is simply market forces. We are willing to gamble on market
forties if he put up the houses he will not be able to sell them. Thais
the reason he hasn't exercised this option. That's the reason he has:i't
gone ahead with the contract and he wcn't go ahead in our judgment . unless
he gets this variance and thats the issue before .
Mrs. Gordon: Mr. Dean, do you really believe if he doesn't nobody will?
Really, honestly?
Mr. Dean: Unless there is a grave shortage of housing, yes ma'am we
really believe because this property has been bouncing around since
the early 1970's.
Mayor Ferre: Whprice range houses are you going to be building here?
Mr. Bueno: I am trying to build houses range about $50,000. In the
beginning I go to see the neighbor to explain that if they let me build
a 40' street I can build better houses because the bigger the lot. I`11
have more buyers, but they just don't want to let me do it. I really
don't why they can hurt these people if I build 40 or 50. Anyway, let
me tell you something. Anyway I am going to build five houses.
Mayor Ferre: All right, that's on the record now. So...
Mrs. Gordon: Mr. Davis, can I ask you a question, when a street is
platted 40 or 50 or whatever how much of it is generally paved.
Mr. Davis: This is up to the public works department as to how heavy
the traffic required of. A good share of the 50' is obviously reservad
for berm and for sidewalk usage.
Mrs. Gordon: In this case being a cul de sac dead end, what would it
be? Is there a representative from Public Works?
Mr. Davis: I'm sorry I would have no answer for that.
Mrs. Gordon: 20. So there will be parkway on both sides. and the
sidewalk, right?
Mayor Ferre: All right, are there futher questions at this time?
Mr. Plummer: Let me just ask one question, Ferencik, the only thing
that I can see in mind that really would possibly make the difference
the turning radius and the cul de sac' would be cut down to 45 instead
of 50' radius, how severe is that?
1
Mr. Ferencik: Oh, there's no problem with a passenger vehicle negotiating
at radius and apparently the Fire Department equipment will negotiate
a 45' radius.
Mrs. Gordon: They will?
Mr. Ferencik: Yes.
Mr. Davis: The Fire Department does approve 45' radius cui de sac,
that's the minimum they will approve.
Mrs. Gordon: Are there are any other agencies that might need to use
it, like garbage pick-up or anyone else that would have an objection
to 45' radius.
Mr. Davis; This was reviewed by the Flat committee with those represent-
atives sitting on the plat committo there were no further objections at
18
NOV 1?1976
that point MIS. Gordon. A11 right, are there further questiOht
thi§ tithe?
Mr Alexander Kolski: I live at 1240 N.H. 83rd St. The 45' streilt
is not going to wind up being a 45' street with the sidewalks and
the curbs. All right, when in this same neighborhood on the same
block two years ago we requested this from this Commission from the
Zoning and from the Planning Department and they said no way are
they going to ever again allow in the City of Miami for a 40' street
to be built, that's what they told us in the same neighborhood on
the same block and now you're acting on this same type of thing and
you're going to go ahead and approve. we did not want the big
street that we got. We would love to had a smaller cul de sac and
the people in our neighborhood would have loved to have more front
lawns, but no the city wouldn't allow it, so we went ahead and gave
what was supposed to be done. Now you're cutting the thing down.
On top of this the man says he's going to build five houses. He
already has one house. The way the plan was originally laid out in
order to build five houses he has to tear down the one house thats
on it now. The way the streets are laid out. The way he wants to
put in the new street, he's got to go right through the new front
living room. If thatsthe existing you had another street map up
there before.
Mr. Davis: If 1 may sir, reflect it on the wall the residents
location is located here will not be removed as I understand it the
other lots will be building sites. There are four other building
sites proposed. The existing residents will be one of the five
building sites. The residents is not to be moved nor relocated.
9th Avenue or whatever the street is that is south of 83rd street
which then the new street would be a continuation. Actually, dead
end into the living room. The way the plan was laid it was way ovvr.
Mayor Ferre: Mr. Kolski, you know up until now I was the arguments
of your side had made were pretty strong. Now you made a statement
which I want to ask you about because that did bother me and I just
want to make sure I understood that. You said that in the past you
would prefer in your neighborhood to have a smaller street. That
would have been much better because everybody could have had more
green spacd and lawn. But you didn't get your's and now you feel
that we ought to be consistent. That bothers me because what you're
saying is that it makes sense to have a smaller street in a cul de
sac like this but since you didn't or other neighbors get theirs and
these people didn't get it either now that kind of concerns me.
Mr. A. Kolski Mr. Mayor, when an
the streets are put in a certain in
type of street, we had requested it
because this is what we want. They
us this is the way the streets are
Theres no way that we are going to
fine. Now, if they said that to us
area is developed a certain way
the neighborhood then the same
. we were told no. we can't do it
said the Planning Department told
from now bn going to be built.
go against it. We were told this,
two years ago.
Mrs. Gordon: Would you point to the pap?
Mr.A. Kolski: 83rd Street, well the continuation of 83rd Street on
the other side of loth Avenue.
MU
MM
M
MEW
Mayor Ferre: Rose, excuse me. Excuse me Mr. Kolski for the interruption,
but in other words are you telling this Commission that that was i'
wrong decision at that time?
Mr. A. Kolski: No, I'm not saying it was a wrong decision, I'm
happier now that, that decision was made.
Mayor Ferre: It was right decision,
mew
issit
mw
smMit
ME
MIL
Mt-
-
"19
Nov 17197 9
Mr, A. Koiski:
I it was.
1
M6y6t vo.rtc: You felt it was wron9.but n6w you feei its right
!r, A, Kolski: Well, we wanted Something. We didn't get
edaUse we didn't get it, I'M not complaining, I'm hot
all.
Mayor rerte: Yea. but thats not my question,
Mt. Kolski: But the Voint is the planning of the neighborhood a
couple of years ago was said to be with the 50' wide street, They
told us this. l[e made the request to him, could this be losaible
to go to a 40' street. They said no. we are not going to allOw
40' streets. We were told this.
, 1
Father Gibson: Let me ask a question. Mr. Grassie, I'd like for t'he
department to answer that man. I really would like for them to ansver
that man and I want to see it in black and white. I mean if you told
that man they, that you were not going to have any more 40' streets
we ought to know that and if we the Commission made that commitment
we ought to know that.hevc ought to be consistent. You know as much
t_
as I want ip vote.Let ma- build because I don't think you ought to
.deny the man the use of his property, but I certainly want to know
when 1mate I want to be in full knowledge that we two years ago •
didn't tell that man then. I want an answer.
-Mr. Reboso: Father let me ask you one question. I think it makes
sense for 83rd Street to be 50' wide because its serving thousand Of
4.-eople. But here its only five residents.
Father Gibson: Commissioner, I want to deal with that after I get
my answer.
Mayor Ferre: All right Mr. Acton.
Mr. Acton: Members of the Commission, their recommendation I'm sure
came from the Public Works Department and not the Planning Department.
Mayor Ferre: Public Works.
Mr. Grassie: I've asked Vince Grimm to come down. They're reachins
him on the telephone now.
Father Gibson: Let's do it in the full knowledge.
Mr. Davis: I might add Commissioner Gibson that I remember at least
one perhaps two hearings in which this Commission has approved 40'
streets since that roint.
Mayor Ferre: That we have, so there's precedence to this.
Father Gibson: That might be true Mr. Mayor. but here is what. the
,people who followed that band were not here to challenge it an3call
our attention tc a wrong that we were doing to that somebody else,
This man is here now what 1 want to happen for Theodore Gibson. If
we are going to yet of that rule let's get rid of the rule once and
for all. I have no ojection to that.
Mr. Kolski: Mr. Mayor, that was the letter that my wife had read
_ when came from Mr. Grimm in the public Works Department was in
regard to the conversation we had had. We did not particularly want
our street wider when it was done. The City wanted to come in and
build the streets, we went along with it, to the neighborhood, We
think we have a beautiful street today. Now why are you going to ptt
20
NOV 1'1 -376
anothet eta de sac in the sage neighborhood at narrower turning radius.
1 cat't buy it.
Mayor Verret Mr. Grimm will you step forward there's a question here
in public works with regards to a commitment made by the city on the
width of streets when 83rd was widen to 50' and the neighbors prefered
to have a 40' street and the statement was made at that time and there's
a letter which was read into the record from you speaking to this point.
The auestio n to you sir, Father Gibson's question is - was such a
commitment made in the past and if there's been variations on it. why?
Mr. Grimm: May I see the letter that he refers to?
Mayor Ferre: Yes, Mrs. Kolski has the read, if you would give Mr, Grimm,
let him see it please.
Mr. Grimm: May I read the letter if this is the one they talk about.
This is in reply to your letter of July 13th, 1976 concerning the
rectuirements for a sub -division located at approximately N.E. 9th Avenue
and 83rd Street. Let me assure you that if the application for this
sub -division is completed it will be necessary for the developer to
construct sidewalks. curbs, and gutters and the necessary drainage
structures to accommodate his proposal. It would also be necessary
for him to extend the Sanitary Sewer System to provide for any new
buildings within the sub -division. In order for you to ascertain the
sufficiency of water supply or sanitary waste I suggest you contact
the Miami -Dade Water & Sewer Authority. Their information on these
matters is more current. If you need any further information concerning
the sub -division itself or for the requirements of sub -division improve-
ments please contact Mr. George Campbell, Highway Engineer at a phone
number. That's the letter. If this is the letter that I was quoted
as saying I'd reduce the street width. It doesn't say anything about
the street.
Father Gibson: Ok, so I can vote, because I don't want to harm that
man and yet I don't want to take advantage of the citizen. Do we have
any records which shows that a 40' street width would not be granted
anymore. That was said by the gentlemen a few minutes ago. Sir, would
you stand up so he can see you?
Mr. Grimm: Well. maybe I can answer that question this way before he
does. The general policy of the City is that all streets in the City
of Miami are at least 50' wide unless specially exempted from that
.requirement by this Commission. That's the general policy of this
City and when thats done that is formally recommended by the Department
and it comes back to you both from Mr. Acton and through my office and
sometimes the two of us disagree and you the Commission resolve that
difference.
Mayor Ferre: All right, Mr. Grimm there was a statement made. I think
it was by Mr. Davis that in the past we had granted other exceptions
and had gone 40'.
Mr. Grimm: We've gone down to 25'.
Mrs. Gordon: I was going to remind you about that and some of those
are in Coconut Grove.
Mr. Grimm: Yes ma'am. There are some old streets that have existed
for years prior to that general zoning requirement and...
Mr. Reboso: Mr, Mayor, its the same thing, I think its a big difference
between a traffic street and a street only serving five residents.
Mawr Ferre: A11 right. are there further questions at this time?
21
NOV 17 1976
1
If net what's the will of this comrris-don.
Mr Ger&m: I have one minor question but cne that Tad liko to know.
The Site of the lot that faces 83rd Sttett in the pror'osed rlat mr.
AVISwhat is the depth and what is the frontage of that let?
.011111 read it into the record.
Davis: The lot which is to the east of the cul de sac facing
:,:t-Srd Street there's an area of 6400 sq. ft. approximately 93 fts deep
and apT,rOximately 70 ft. wide.
Mayor Ferre: And the other one on the other side.
Mr. Davis: On the other side is where the existing residents is, Its
odd shaped lot that on the 83rd Street side its 112 ft. wide by
the depths on the westerly side of 91.75 ft.
Mayor Ferre: Are those net figures you're reading.
Mr. Davis: These are survey figures sir.
Mayor Ferre; Net.
Davis: Yes sir.
Mayor Ferre: All right, thank yOu.
Mr. Davis : This is with the 40' street. I'm sorry I don't have
that Mrs. Gordon. The areas I have but not the dimension of the
lot under the o1 plat.
Mrs. Gordon: (First part of conversation not speaking in microphote)
That it has a narrow ...
Mayor Ferre: All right. further discussion.
Mr. Plummer: Let me ask the developer if this is granted sir, you're
going to be getting additional square feet for your development. What
are going to do for the City?
Mr. Bueno: When this - if this is granted I am going to build a
sidewalk, the ...
Mayor Ferre: You have to do that anyway sir.
Mr. Plummer: That's for your benefit sir. What are you going to
do for the City?
Mr. 3ueno: Well, it looks nice for the city because it can be better
landscaring you know.
Mr. Plummer: What are you going to do for the city?
Mrs. Gordon: He's going to plant trees in the parkway.
ir, Plummer: You're going to plant trees out on the parkway.
Mr, Buono: I could y,ey more taxes
, Plummer;
Are you going to put trees in the .andscaping Sir?
Yes sir. 1 want a nice neighborhood.
ayor Ferre, Before this thing, I don't know what the will of this COM-
ilssioh iS gong to be...but 1 feel that if that 1,s a cemmitpont being
think it. ought to he very specific 4nd into the record....
and specified as to what ex4Ici.y the developer is going to do to
•
22
NOV 1 ?1916
beautify the area and add if he .. .
Father Gibson: Mr, Mayor. I'd feel much better if that was written.
So Much better. No, no, I want y= whoever rerresents the city let's
get it on paper,man, you know we just heard the 'Man said no ►store 46'
street and can't prove.
Mr. Knox I didn't know whether or not this was going to be c itst" led
as a condition to the passage of the ordinance.
.Mr. Plummer: Let's say yes.
Mr. Knox: Let's don't say yes.
Father Gibson: Mr. Mayor, let
5 ask him to offer i
Mayor. Ferre: You got to offer it rather than...
Father nibson: And, then let's write it and then take tire'
we'll go on to something else and you then come back.
Mayor Ferre: Well, we want to see what the will of this CommiSSiO,
might be.
Mr. Bueno: if this is approved I will put more trees in the parkway.
Mayor Ferre: All right, what's the will of this Commission on a
tentative basis and then we will have to come back and pass this and'
put it in specific.
Mr. Reboso: Mr. Mayor, I move that we accept the recommendation of
the Planning Department.
Mayor Ferre: All right. there's a motion that the Planning Department's
recommendation be accepted reversal of the zoning board. Is there a
second? Is there a second to the motion. Hearing no second then the
motion dies for lack of a second.
Mrs. Gordon: Mr. Mayor. I'm looking in my minutes here-- oh I see
it. I'm looking for the zoning board's recommendation.
Mr. Grassie: I wonder Mr. Mayor, if it would help since we appear
to be of some kind of a stalemate whether it would help if we asked
the City Attorney to give a general explanation of the position that
he was taking. because I think that its important not only for this
case, but generally for the city that we understand how we treat people
who have a petition in front of you. Maybe you would like for him to
give some general remarks on that.
Mr. Plummer: You mean under today's conditions. Not tomosrow's
becaus' from what you're saying the rules need to be changed.
Mr. Grassie: under the conditions that prevail now.
Mr. Plummer: That is correct.
Mayor Ferre: I'm sorry I didn't follow that.
Mr. Grassie: I was simply reflecting Mr. Mayor that the actions of
the City Commission seem to have come to a ;:ca.tT. I felt that the:7e
was some kind of stalemate and part possibly because of a comment
that some of you heard from the City Attorney and I wondered whether
it would help you to understand his position if he'd just clarify it
a little bit in general terms what he was trying to tell you with
which I agree by the way. In terms of what we request of people when
23
NOV i 71976
they're in front of you with th i.s s; ec
•
May''or Ferre: I .inderstand I think all I was really trying to d.0
i8 to get the consensus of the Cotnmiesioi so that then it can't be
done in more specific terms. Because obviously you know I'm really
et a loss as to what the consensus of the Commission is. See, in
other words how that we're going to grant this with the offer as
Made by the developer or we're not going to grant it. If the offer
is accepted then I think it has to be put into specific wording by
the developer who is offering this and then we'll vote on it on a
finally basis but I think its useless to go' to all that work if the:
consensus of this Commission is not'established. So again, I would
like to ask for .what is the will of this Commission. We got to vote
one way or the other.
Mr. Reboso: Mr. Mayor let me tell you I am going to offer the
motion again without subject to nothing exactly like it came to the
City Commission.
Mr. Grassie: Would it help--- I'm simply trying to be helpful tb
your process of arriving at a conclusion. But the issue that you
have in front of you is that when a eetitioner comes to you asking
for something tat is covered by a general code provision. You can
determine yes oe no on that specific Question only based on the
merits of his case. Now after you have decided that. if the develcr r
wants to enter into an agreement after the fact which promises the
City Commission, the City some action on his part he can do that, but
I think that you're in a very difficult position if you make it a
requirement or a prerequisite not covered by ordinance.
Mayor Ferre: All right.
Mr. Plummer: Can that be changed Mr. Grassie?
Mr. Knox: No. this is a fundamental rule of legislation generally
and the idea is that the - just as a legislative body may not contract
the way of legislative discretion. It cannot appear that the legis-
lative body is trying to exact some promise or make a contract with
someone who's petitioning that body. As a condition precedent to
its granting'or denying whatever it is they're petitioning and after
the decision has been made.
Mayor Ferre: Ok. That's just a question of a law and its been
long established and we've run by it, and its very clear. However.
I would remind you in the past there have developers of properties
that have asked for variances or changes that have voluntarily offered
certain things so that the Commission would consider that as part cf
the application. And, that is perfectly legal provided the offer
comes from the developer and as l understand it thats the way this
thing is the way I hear it. Now. I'll tell I want to express my
opinion on this. The thing that concern me about this is thatthis
Commission in she three years that I served as Mayor and in the
four years that. I've served as a Commissioner as time and time aga n
done exactly this in many neighborhoods mostly in the Coconut Grcvc
area exactly this and I'm concerned I don't recall a one being
turned down in the past. I'm concerned about consistency in that.
Father Gibson: Xt. Mayor. I want to make sure that my fellow
Commissioners :ear me loud and clear. I told the man go write it.
And, you know what some of the r-iorle who are here objecting how
their heads much as to give assunL.. ,you know. sir as your friend,
If I were you I would go and :.-rite that I'm going to ; ut those
trees in there and bring it back here. You know I'm not here to
b rnaj.n with _you. I can't do that lecjislati.vely. ok, I indicated
that, Man, le:: me tell you what I'm learning in government, to as ;
me to do it of eer you get the goodie is just ain't there,
24
NOV i7'1E76
Mayor Ferre: All right., then as u:idors',:anci the item, is continued
until this is dbhe and then we Will consider i.t at that point.
Father Gibson: All right you den yo do it now and come back. I'll
be iMtressed.
Mayor Ferre: If you will stay here those of you that are interested
I would hope that this matter could be resolved in the next half
hour or earlier. So would the developer meet with Mr. Acton and the
City Attorney and discuss. At this time then we will proceed to the
next item and we will come back to item #2.
4, DECLARE DO'JGIAS ROAD FROM KUMQUAT AVENUE TO INGRAHAM HIGHWAY AS
A SCENIC TRANSPORTATION CORRIDOR.
Mayor Ferre: We are now on item #3"A" - Resolution declaring Douglas
Road from Kumquat Avenue to Ingraham highway as a Scenic Transportation
Corridor. The Planning Advisory Board recommended approval by a 5 to
2 vote and the Planning Department is for Approval. This item was
deferred from the City Commission meeting of October 27th. Mr. Acton?
Mr. Acton: Mr. Mayor and members of the Commission. This is a deferr-
ment that was requested by Commissioner Plummer at that time. I want
to point out to the Commission that item # B has already been declared
... Ingraham Highway from Douglas Road to the city limits has already
been declared a historic highway by both Dade County and the State of
Florida. The item -"A" is recommended as a scenic corridor to the City
of Miami Commission by the Planning Study for Coconut Grove.
Mrs. Gordon: Mr. Mayor, I would move "A".
Mayor Ferre: Are there any members who would like to be heard,..members
of the public?
Mrs. Douglas Erickson: I live at 3952 Douglas Road and I would just like
to readpletter which I will then give to each of you to go into the
record. 'Dear M:iyor Ferre, Vice Mayor Gordon and Honorable Commissoners
Because of our desire to perserve and protect the beauty found in
Coconut Grove we are firmly in accord with the so-called green corridor
plan as presented by the City. However, our approval is conditional
upon the decision filed December 11, 1962 in the Florida Third District
Court, Case #62-361, City of Miami,Appallent vs. Charles J. Blair,
Appellee copy enclosed. Therefore while we wish to be cooperative in
our. approval. We in no way recognize any claims or rights the City of
Miami may feel that it has and upon which this green corridor plan is
based. Yours very truly.
Mayor Ferre: Mrs. Erickson, why don't you briefly describe the thrust
of that because frankly 1 don't know what it means.
Mrs. Erickson: I won't read you the clescriptione because we've already
given this to the City Attorney, but I'll read you the two findings of
it. The title of Charles 3. Blair, Plaintiff, to the west 12' of the
Past 32' of the above described two parcels of land,"B" and is hereby
is against the City of .iiami and those cleiirning by or throu3h
or under it. that the City of Miami be and hereby is permanently
enjoined morn asserting any title or interest in and to the west 12'
of the east 32' of the foregoing two parcels of land.
Mayor Ferre: I see, it just a question of r•ro{ erty rights.
Mrs,
rickson: c'orrect.
25
NOV i71976
May5r Ferret Whose i:ror Pray is thi"'
r r Erickson: It it titt.4
Mayor Ferre: Ch I see, all right.
Mrs. Erickson: But it was my understanding this green oor'id6r plan
was based on the City' s right--of-way of 'ib' .
Mayor Ferro: I see, ok. It's very clear to me now. So what you're
saying is you have no objections provided that in no way ---
Mrs. Gordon: We're not taking any r:rorerty from anyone. This is
simply as you've stated before in attempt to keep the beauty of the
area and...
Mrs. Erickson: And to have this on record ...
Mayor Ferro: Thank you very much Mrs. Erickson. Mrs. Cordon moves.
Seconded by Father Gibson. Is there further discussion on Item 3"A"?
Call the roll please.
The following resolution was introduced by commissioner Gordon.
who moved its adoption:
RESOLUTION NO. 76-1032
A RESOLUTION DECLARING DOUGLAS ROAD FROM
KUMQUAT AVENUE TO INGRAHAM HIGHWAY WITH A
WIDTH AS FOLLOWS: ZONED STREET RIGHT-OF-WAY
(70') PLUS ZONED STREET YARD AREA (20') OF ALL
PROPERTIES ABUTTING BOTH SIDES OF THE DESIGNATED
STREET r:S A SCENIC TRANSPORTATION CORRIDOR
(THEREBY BECOMING AN EVIRONMENTAL PRESERVATION
DISTRICT) AS PER CHAPTER 64 OF THE MIAMI CITY
CODE, M D DIRECTING THE PROPER OFFICIAL OF THE
BUILDING DEPARTMENT TO INCLUDE SAID PROPERTY ON
THE OFFICIAL MAP MAINTAINED BY THE BUILDING
DEPARTMENT DELINEATING ENVIRONMENTAL PRESERVATION
DISTRICTS.
(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: Rev. Gibson. Mrs. Gordon, Mr. Plummer, and Mayor Ferre.
NOES: None.
ABSENT: Mr. Reboso.
5, DECLARE INGRAHAIM HIGHWAY FROM DOUGLAS ROAD TO THE CITY LIMITS AS A
SCENIC TRANSPORTATION CORRIDOR,
Nrs , Gordon: I move you 3 "B"
Mr, Plummer: What was the amendments on 3 "B", George;
Mr. Acton: There were no amendments Commissioner Plummer,:
I►r, 17,1. tuner; It says City Commission action on "B" as s nende
resolution,
NOV 1 7 ,976
•
tit4 AetOn: As far as I know the item was simply 6eferred,
Mete was ni5 attended resolution.
It, PluMter: well, it says here that its amended, Now. what it the
aMendMent?
Mr. Acton: Are you reading from the resolution Commissioner Plummer?
Mt. Plummer: I'm reading from the second page George. It says
City Commission action approve ',arts Resolution 76-954 October 27,
19/6. Part "B" is amended Resolution 76-955. What were the amendments
in 955?
Mr. Acton: I can't answer your question perhaps the City Attorney can,
but to my knowledge there had been no amendments to the original
recommendation. In other words, the recommendation that appear as
both in the resolution and also he picked it 6n the screen or the
original recommendations may be in the final study for Coconut Grove.
Mrs. Gordon: I move 3 "B" unless J.L. has some other questions.
Mr. Plummer: I'm trying to figure out what the amendments are.
Mr. Crumpton: Excuse me, Mr. Plummer are you referring to this page
2 of 2 of the fact sheet that says actions taken by the Commission.
Mr. Plummer: Correct sir.
Mr. Crumpton: On the last agenda there were five items, A,B,C, D, & E.
D & E were deferred. They happened to be A & B on today's agenda.
The A,B. & C under the apnroved parts were part of the three of the
five that you approved at the laqt meeting and have nothing to do with
this particular meeting today. The deferred parts D & E that you see
there. Thoware the actions that you're taking today and they happen
to be under the labels of item # 3"A" and 3 "B" on today's agenda.
Mrs. Gordon: If you would like for me to refresh,I recall that there
was a person here who had some concerns --- some fencing adjacent to
property who might want to put some in in the future and wanted to
know what hardships would he suffer because of this adoption and some
of the Commission said they'd like to go out and look at it and so thats
why we deferred it if you recall.
Mr. Plummer: Yea. but section "B" refers from 32nd Road to Alatka,
correct?
Mr. Acton: That was at the last meeting Commissioner Plummer thats
what ... Mr. Crumpton tried to explain to you is that the original
item before you contained five different segments. The Commission
acted on three of them and deferred two of them until today.
Mr. Plummer: Secton"B" today refers to what?
Mrs. Gordon: "E" of last time. under the deferred part.
Mr. Plummer: Well, wait a minute, maybe the fact sheet ...
Mrs. Gordon: If I can clarify the amended parts that are being
referred to are parts that we passed at the last meeting. What we
didn't pass is what we're doing today and thats section "B" it was
"E" and thats section "B" it was "E" and 1 so move 3"B". Is there
a second?
Mayor Ferre: There's a motion and a second on item 3"B" as presented,
is there further discussion? All right, call the roll.
27
NOV 1 7 1976
The following re'iolut.ion was .intro'1 JCt; d '.)•
Who moved its adoption:
RESOLUTION NO, 76,4033
A RESOLUTION DECLARING INGRAHAM HIGHWAY FROM
DOtUGLAS ROAD TO CITY LIMITS WITH A WIDTH AS
FOLLOWS: ZONED STREET RIGHT-OF=WAY (70') PLUS
ZONED STREET YARD AREA (20') CF ALL PROPERTIES
ABUTTING BOTH SIDES OF THE DESIGNATED STREET
AS A SCENIC TRANSPORTATION CORRIDOR (THEREBY
BECOMINC AN =VIRONMENTAL PRESERVATION DISTRICT)
AS PER CiAPTER 64 OF T1:E MIAMI CITY CODE, AND
DIRECTING THE PROPER OFFICIAL OF THE BUILDING
DEPARTMENT TO INCLUDE SAID PROPERTY ON THE OFFICIAL
MAP MAINTAINED BY THE BUILDING DEPARTMENT DELINEAT-
ING ENVIRONMENTAL PRESERVATION DISTRICTS.
(Isere follows body of resolution, omitted here and On
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manoio Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer
Vice -Mayor Ros3 Gordon
Mayor Maurice A. Ferre
file
DISCUSSION ITEM: REQUEST BY DADE COUNTY SCHOOL BOARD TO VACATE AND CLOSE A
PORTION OF N.W. 5TH AVE. BETWEEN I.W. 6OTH AND N.W. 62ND 3T, -
TENTATIVE PLAT #965 -MIAMI EDISON SCHOOL SITE FIRST ADD.
Mayor Ferre: Item #4, A resolution for the vacation and closure cf
that portion of N.W. 5th Avenue between N.W. 60th Street and N.W.
62nd Street in conjunction with Tentative Plat #965 - MIAMI EDISON
SCHOOL SITE FIRST ADD'. Are there any objectors present? Is there
anybody in the :,ublic who wants to speak to item #4? Moved by
Theodore Gibson, seconded by J.L. Plummer. Further discussion. Call
the roll.
Thereupon the resolution passed by the following vote:
Ayes: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson,
(This item was later rescinded see item #9.)
and Mayor Ferre.
FiR.SI READING ORDINANCE: ZONED STREET WIDTH 9TH AVENUE NORTHEAST (APPROXI-
MATELY 160 FEET NORTH OF 83RD STREET).
Mayor Ferre: Now. on item #2, let the Applicant speak for himself.
You can supplement it Mr. Davis if you want.
Mr. Davis: All right. if I may e'{plain at that point sir...
Mayor Ferre: All right sir, the law requires you to make this
statement.
Mr. Carlo Bue'nC: Yes, I am offering to the City to place trees .."1
the parkway and I will offer a covenant to provide fOr trees in t.ie
parkway between: the first ar, second reading of this ordinance, B s Lde
this if this is granted I will. ccnate for tho 80th. Street S,W,
trees whatever they are usinc right now.
Mayor Ferre; hllr-ght,
N O V 17 '97 6
f
re bavist Mr. Mayor and Commissioners what the procedure in this
dill be if you accept this situation will be for him to get with the
P1ahhing Department. get an approved sketch of the exact landscaping
hich would be preferred, have his attorney draw the covenant. It
►ould be reviewed by our Law Department for their acceptance and be
submitted to you at the reading of the second ordinance.
Mr. Plummer: Can I ask Mr. Mayor since all of the people that are
the objectors have just walked in that if he repeat it.
Mts. Gordon: Yes. I'd like you to repeat exactly what the Applicant
Said, please Mr. Davis.
Mr. bavis: The Arplicant has offerred to provide landscaping with
the following guarantee, that if this passes on first reading, he
will get with our Planning Department and have an approved sketch
made of the landscaping which he will offer on that area, have his
Attorney draw a covenant, our Law Department will approve the covenant
for accuracy and acceptance. This covenant would be submitted to you
at the time of the second reading.
Mrs. Gordon: And I heard him mention certain trees, certain places,
what was that?
Mr. Davis: The trees will be Located as per the Planning Department
sketch which will be part of the covenant.
Mrs. Gordon: On 83rd is that what you,said, is that what he said?
Mr. Davis: Wharever they're recommended by the Planning Department
and I think he dial say 83rd. Am I right sir? Where did j.ou offer
them?
Ir. Bueno: On the property where I am developing and beside it on
S.W. on Miami Trail.
Mayor Ferre: I think we only have to deal with the neighborhood itself
not with any other area. As I understood it then its a beautifm6ation
on 83rd Street.
I1rs. Gordon: 83rd Street, that the only way, I mean I could consider
any guarantee...
Mr. Doan: We are not all that enameled with the Planning Department's
handling of this ul, to this point and I would hope that before there's
any sketch approved by them that we have a chance to look at it and
have so me input rather than come in here and fate of complete.
Mayor Ferri: On second reading you'd have that opportunity before
that.
Mr. Dean: I mean during its preparation is what I mean Mr. Mayor.
Mrs. Gordont Mr. Mayor. would you ask if some of those who are
objecting sit in on the session with the Planning Department and the
Applicantso that the improvements shall be made to compliment the
neighborhood and with the concurrence of the objectors.
Mayor Ferre: Now that we've gotten to this roint what's the Will
of this Commission?
9
em-
MI
ENE
EL
NOV 171976
Mr, Reboso: f rove it.
Mayor Ferre: All tight doM!(1itsiOner Reboso moves, Fathe ' 1b§
seoorids.it with the conditions as read into the record.
Mr. Plummer: With the full conditions of the great 'volunteer act
on his part.
Mayor Ferre: Anv thing else. Would you come up to the mike please.
because i think there's some misunderstandings here. Now, as I under..
stand this this is something Mr. Bueno that you're doing voluntarily?
Mr. Bueno: Yes.
Mayor Ferre: And. this is something that you are voluntarily...
Mr. Bueno: I am voluntarily doing that.
Mayor Ferre: All right, call the roll.
Mr. Ongie: Its an ordinance Mr. Mayor.
Mayor Ferre: Oh read the ordinance.
Mr. Knox: Reads the ordinance into the re
On/Roll Call.
Mr. Plummer: My vote's going to be predicated on the fact if I thcu'tht
there was a chance to accomplish what the objectors wanted to acconp:.ish
I would feel sympathy, but I don't see it. There's no way in my
estimation that, that can be accomplished. so based upon that having
bigger lots for the housing I would have to vote with the motion and
vote yes.
Mrs. Gordon: I would vote yes in comments that in my opinion it wcu..d
be beneficial to the neighborhood from the standpoint of green area, .:nd
opened space that the street area be narrower and that the improvements
be greenery that that would enhance the neighborhood. I vote yes.
Mayor Ferre: I repeat the sentiments that have been expressed here.
If = thought the:: we could in amy way stop the building of small
houses on five small lots which is your basic argument I would go
along with that. It isn't denied and the streat is 50' those houses
are going to go up any way and they'd be smaller but I don't think
its going to solve anything so I go with the majority and I vote ycs.
So, this matter is unanimous and thank you for your patience and ycu:.
indulgence.
Father Gibson: Ar. Mayor let me make one other comment. I hope
Mr. Davis and the Manager will understand for a citizen to come and.
say we took a position not to ever have a narrow street yes, for t1e
public that is misleading because I was going to say you just narrcwd
a street in Coconut Grove over there off.Hibiscus to 25' and I cous.d.i't
understand that and that bothers me and...
Mayor Ferre: All right Father. Thank you very much Mrs.. Kolski.
Mrs. Kolski : I would just like to take a moment of your time to
state something heardfor the record that disturbs me very much.
When this was be.ng considered I nape.ned to wander by and Commissf.o ter
Reboso was in a little conft rence out there and for the record I wtn•.
to Late what 11zeard. I heard a comment to the effect that this v a:
happening because it was a Cuban applying and that if it was an hnr1‘
it would have been granted anc that disturbs me greatly.
30
NOV i' i376
Mr, kehosoe That wasn't a statement, that was not a comment,
Mrs. Kolski: That was a comment that I heard.
Mayor Ferret What he's saying tha s a statement not a Merit,
Mrs. Kolski: Whatever it is its very disturbing, Very disturbing,
We didn't come here to argue nationalities Mr, Mayor you know that,
Mayor Ferre: For the record. I'd like to say that I happen to know
Mrs. Kolski and her husband and I know of their many, many civic
activities on a voluntary basis. I can say for the record that I
know of no more committed r•eople. More honest dedicated and opened
people and I would absolutely stake my life on the fact that there
is absolutely no prejudism on the part of Mrs. Kolski and I think that
she's here because she has a belief and I would just like to... I
personally would vouch for that.
Mrs. Kolski: Thank you very much.
Mayor Ferre: And, I'm sure that there was Nothing personally ineended
on anybody's part here.
Mrs. Kolski: No personal. intent;we were strictly here for the
neighborhood.
Mrs. Gordon: Mrs. Kolski, I never in any time ever think of any person
that come here getting favorable or unfavorable treatment or objecting
or not objecting based upon anything other than the application.
Mrs. Kolski: Yes ma'am we've dealt together in the past and we've
had very favorable dealings.a I'm very pleased with it.
I was very disturbed by what I heard.
Mayor Ferre: All right. thank you Mrs. Kolski.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
MIAMI. BY ADDING A NEW SUBSECTION (97-A) TID
SECTION 1 OF ARTICLE XXV TO PROVIDE FOR A STREET
WIDTH OF 40 FEET (20 FEET PROM CENTERLINE TO BASE
BUILDING LINE) FOR 9TH AVENUE, N.E. FROM NORTH
RIGHT-OF-WAY LINE OF N.E. 83RD STREET, NORTH, FOR
A DISTANCE OF APPROXIMATELY 150 FEET: REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CON-
FLICT INSOFAR AS THEY ARE IN CONFLICT; AND CONTAIN-
ING A SEVERABILITY PROVISION.
It just that
Was introduced by Commissioner Reboso and seconded by commissioner
Gibson and passed on its first reading by title by the following vote:
AYES:
NOES; None.
Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibs^n
Commissioner J. L. Plummer
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
The City Attorney read the ordinance into the public ecord an,
announced that copies were available to the members of the City Connie'-
sion and to the public.
NOV 171976
1
8 VACATE AND CLASS ALLEYS LYING WITHIN BLOCK 18, YAWLS S R1156 0-13b)j i' ►W,LJ
STREET; NA lsr CT►; NA 20TH ST' AND NA 1sT AvE►
TENTATIVE PLAT #964 - NATIONAL LINEN PROPERTIES.
Mayor Ferre: A resolution for the vacation and closure of the alleys
lying within Block 18, WADDELS RESUB (9-136). The Applicant is National
Linen Service. There were four objections received by trail and
one objector was present at the Zoning Board meeting. IS the objeoto!
here or are there any objectors here?
Mr. Plummer: Is the Applicant here?
Mayor Ferre: Is the Applicant to item 5 present? Representing
National Linen Service? A11 right. sir.
Mr. Alfred B. Moore: I'm an Cfficer with Biscayne Engineering Compare.
We were commissioned by National Linen Services to prepare a tentativ:
lay -out and record plat to close the alley lying within Block 18 of
Waddels Resub division bounded on the East by N.W. 1st Avenue, South
by N.W. 19th Street on the West by 1st Court and on the North by N.W.
'20th Street. The Applicant owns all of the lots within the block.
Mr. Plummer: Mr. Mayor. ... This man according to the state law cannot
represent the owner. Only the owner or an attorney of record can,
represrnt the owner sir. I'm merely stating that so that at a later time.
if a court case comes out of it its on record. You cannot represent the
owner sir.
Mayor Ferre: All right let's listen to the objector and then we'll
come back and discuss this.
Mrs. Agnes C. Henderson: My address is 3067 N.W. 52nd Street but :
own the residence at 1896 N.W. 1st Avenue.
Mrs. Gordon: Close to this property? Is that your property that's
marked in red across the street from this property?
Mrs. Henderson: Mr. Sweden is on the corner. I am next to the house
next to the corner.
Mrs. Goo rcb n : You own that property and is that rental property or
vacant property?
Mrs. Henderson: No, no, its rental property. There are about four
units of us in there.
Mrs. Gordon: And you are objecting to this application?
Mrs. Henderson: I am objecting to the closing of the alley on the ba3is
that it diminishes my access to my property in the rear and the reaso.z
that...
Mrs. Gordon: Wait a minute.. maybe we have to clarify location and sa
that Mrs. Henderson...
Mr..Davis: would you look over at the map on the wall? Your house
Mrs. Henderson is a7 roximately here. The alley behind your house ,s
here. The Alleys which are proposed to be closed are the ones that a:e
marked with "x's" in yellow.
Mayor Ferre: See, that's not your alley.
Mrs. Gordon: Is ';he blocX north of your „: ,
NOV 17 1976
Mt, twist The alleys which ae _c):::ed are all w .thi.
the block where the National Linen Company plant is it does not
affect yours.
Mrs. Gordon: You received it because you're in the 3'7O of the
application. Yau didn't have to make the trip... but its all right
we're glad to meet you . We wouldn't had that pleasure otherwise.
Mrs. Henderson: I still appreciate the fact that I could come before
you and offer -well just say ? just didn't want that done. This is
quite American and I appreciate it.
Mrs. Gordon: Ok, we're not touching your block at all.
Mayor Ferre: Thank you Mrs. Henderson. All right, is there a motion
now?
Mrs. Gordon: I move you.
Mayor Ferre: Moved by Mrs. Gordon. Seconded by Father Gib son, Further
discussion on Item 5. Call the roll.
The following resolution was introduced by Commissioner Gordon,
who moved its adoption:
RESOLUTION NO. 76-1034
A RESOLUTION CLOSING, VACATING, ABANDONING
AND DISCONTINUING THE PUBLIC USE OF THE
ALLEYS LYING WITHIN THE BLOCK 18, WADDELS RESUB
(9-136), BEING BLOCKED BOUNDED BY N.W. 19TH
STREET, N.W. 1ST COURT, N.W. 20TH STREET
AND N.W. 1ST AVENUE, IN CONJUNCTION WITH
TENTATIVE PLAT NO. 964 - "NATIONAL LINEN
PROPERTIES".
(Here follows body of resolution, omitted here
in the Office of the City Clerk.).
Upon being seconded by Commissioner Gibson, the
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J.L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
9. RECONSIDER AND RESCIND PREVIOUS ACTION CONCERNED WITH CLOSURE AND VACATION OF
ALLEY (SEE MINUTE ITEM NO. 6).
resolution was
Mayor Ferre: All right, now on item #4, there was a gentlemen who
wanted to be heard and evidently we went kind of fast so I would like
to recognize the opponents on item #4 and even though we voted on it
please consider that we get to listen to you and if its necessary we
will reopen the thing again. Would you put the map up so we could the
item on the Miami Edison School site?
Mrs. Gordon: Mr. Mayor. we didn't call for objectors is that it?
Mayor Ferre: Wellwe did call but evidently they didn't realize $ve
were on item #4. You know sometimes you move so quick around. Some.
times you move kind of close at times we move quick.
33
NOV
i1976
1
Mr. Nathan Sifts: I live at 5901 N.W. 5 '. :.verue ' -
:�E
they closed 5th Avenue from 60th Street to 62nd Street and we've
itet before the Zoning Board for three times and them they put it off
and told its this was the Meetinig to cote to. Now, ...
Mayor Ferre: Pell us your objection, why are youagainet thie?
Mr. Nathan Simms: Because 5th Avenue is closed. 60th to 62nd Street,
now what happens here we've got to come out say 59th and 5th AVente
there's no way of getting through 5th Avenue we got to come over to
5th Court or 5th Place. whatever to get to 62nd Street to make a haft
to over to post office or grocery stores or what not. Coming back
say, the post office there on 7th Avenue or in that vicinity. We''JE
got to the N.W. 2nd Avenue to get back home again, you understand and
say if a fire would break out in that vicinity, its quite a ways to
go in or out. Now, since they closed the street, my property was_as-•.
sensed at $ 30 , 00C , now its $ 34 , 000 for losing the street. they asses.3e 1
me $4,000 more for losing the street, I can't see it. And, ...
Mrs. Gordon: WI -,ere is your property sir, would Mr. Davis point to it
on the map please?
Mr. Nathan Simms: 5901 N.W. 5th Avenue.
Mayor Ferre: Is that where you live?
Mr. Simms: Yes.
Mayor Ferre: A.1 right, paint out where you live? Do you other
gentlemen live...
Mr. C.M. Cobb: I live 5920 N.W. 5th Avenue.
Mayor Ferre: I see, I see. A11 right, then you sir?
Mr.Earther Robinson: I live at 541 N.W. 59th Street.
Mayor Ferre: I see. All right.
Mr. Earther Robinson: If a fire truck --- if my house catchy fire
and if a fire truck have to come in from 7th Avenue my house will he
burn down before he get there because he got to go all the way to
2nd Avenue before he can come back to down to 59th Street.
Mayor Ferre: All right, is there a member of the Dade County School
Board here? Were they here before?
Mr. Davis: I was busy with the other people on item 2 at that point
Mr. Mayor, but perhaps, I can answer a couple of questions about this
for them for you. This is the street as you remember that you closed
temporarily before it came op plat to provide for construction of tl.e
new Edison High School and it was closed prior to the platting at ti•.at
point. Since that point they have accomplished a tentative and they're
under petition for the official vacation and closure of 5th Avenue.
As I understand it the -- as I know it is I've been up there many times
the buildings are already over the street.
Mrs. Gordon: D. that a opened street just to the west of it?
Mr. Davis: This is an access and ingress to the expressway under .ha
new situation for the 62nd Street interchange and its one way on eac`l
side. One way coming north on one way and one way coming south on t:le
other side of 6and Street.
Mayor Verret A11 right.
rt. Gordon: Wait a minute now, 1 didn't get the answee 1 want t
krif w. 1 want to know if there IA a north/south access corridor t8 the
went of the blue platted site there block 1.
Mr. Davis: No ma'am.
Mrs. Cordon: There is not.
Mr. Davis: No ma'am.
Via, Gordon: Well. that is a problem.
When we come in we can't get back back in.
`Mrs. Gordon: There's no way you can go to 62nd Street.
Mr. Simms: we can go to 62nd but we can't come from 62nd. We go down
beside the expressway. We got one way out but noway coming in except
to go to 2nd Avenue back to 7th Avenue.
Mrs. Gordon: Well, that's kind of ridiculous.
Mr. Simms: And then we got to come all the way around to 54th back and
... When we first retested this - they hadn't put put buildings in
the street. but they told them down here just to go ahead and keep
building and the next morning that's the first thing they did was went
to building right in the street.
Mrs. Gordon: I got a couple of good questions I want answered, ok.
when this was first begun and thats before 62nd became an access road
to the expressway, is that correct?
Mr. Davis: I don't believe so Mrs. Gordon. I think this was closed
by the Commission after that 62nd Street access was underway.
Mrs. Gordon: Ok, when the plan for the closure was first proposed.
was that an opened street to the west?
Mr. Davis: No ma'am. It was under plans to be changed to the access
on and off ramps literally for the expressway. It was committed to be
those because the entrance for new interchange of 62nd Street. I might
add that the zoning board had three hearings on this item and each time
tried to find a solution to this very problem they recognized it as a
problem that's why they had just a difficult time with it. They finally
realized after consultation with our Public Works Department. Highway
people and with the Dade D.O.T. that its one of those unfortunate
problems that doesn't have a solution.
Mrs. Gordon: Yes some things have solutions and some don't. But I
would wonder why a solution if there is a south now correct me if I'm
wrong I'd have to go out and inspect it to know so you're going to
have to tell me. You can come south from 62nd Street to 60th Street
along side of the expressway, is that correct?
Mr. Simms: No ma'am.
Mrs. Gordon: Can you go north?
M. Simms: No ma'am.
Mrs. Gordon: You can't do anything.
Mr. Davis; You can go north from 62nd Street to the next eyed' up
att4oui d thAt and irou can (In s0l1'Zh on ("(Lh %1v,' t,'• rnm ?) i1Ci street . bt,t
ou AtannOt. its one way you Ace splitting off.
Gotdon: That's just what I just said, you can go south and you
Said r=io rtta' arts.
Nil". Davis: You can go south from 62nd and then you can go north from
2116. but you can't south of 62nd, you follow Me.
Mrs. Gordon: Buy: these people are affected on the south side.
Mr. Simms: We a:'e fastened ur in 59th Street and we was warned.
We was not notified at all about this going to be happening.
Mrs. Gordon: I want to moue you to reconsider that item. I don't
know who made the motion and who seconded the motion. I think i
Voted for it. That's before all this came up.
M. Davis: Yes :air. you vacated the street for purposes of conatruc•.ion
that's exactly what they did is construct.
rather Gibson: But not for building.
Mr. Davis: Under the previous motion which you had: resolution I should
say was made on this back last spring you vacated the street for pur_)ose_
of construction this was before the official vacation of the street. '
You've closed the street...
Mrs. Gordon: And there is construction on that street now?
Mr. Davis: Yes ;nazam.
Mrs. Gordon: Ok. Let me ask You another good one. What's on the
westend of that :.ronerty thats there? Is there any construction on the
far west end of the blue portion?
Mr. Davis: That's where the present Edison school is. High School.
Mrs. Gordon: The school is on there, on the far west next to the
expressway?
Mr. Plummer: The answer to your question a new auditorium is there
Rose.
Mrs. Gordon: Its already there?
Mr. Plummer: Sure.
Mrs. Gordon: I just see a lot of inequity here. I was hoping that
there was nothing constructed on the far westerly end and that there
could be an easement granted for the people to go north and south next
to the expressway you follow me Bob?
Mr. Davis: Thin was discussed by the D.O.T.T. and their own Public
Works Department with the firm statement that it would be far too
dangerous to have people up and down the wrong way on the access raids
was because the only way they could separate them would be with the
wail. They got into n uite a depth on it.
Mre. Gordon: Is. there opened space there on what is platted lot on
that map that I'm looking at, is there any opened space?
Mr. Davis: As I understand it there is not. No ma'am.
• May 1 say this pease? on 3rd Avenue coming-- well if
r
1
_hey dome from north going south I think they could open that's
bftitg through the school. After all they have blocked this here
5th Avenue. Why can't we have a street coming in from north going
youth on 3rd and open that up, make it a one way coming in? Off of
62nd Street, that's what I'm speaking of now?
Mrs. Gordon: You want to come south from 62nd Street.
Yes ma'am come 62nd coming home. See, we come from 'ith
Avenue down 62nd to 3rd Avenue. they could open that up first and
then we would have a way to come in.
Mrs. Gordon: i want to see that property and Mr. Mayor, if you Wott:id
accept us reconsidering this item. so we could visible go out and
inspect it.
Mayor Ferre: All right • there's a motion that item 4 be reeonsider;A
and leferred until personally.
Mrs. Gordon: First, it has to be reconsidered right?
Mayor Ferre: First it has to be reconsidered . Is there a second?
All right. Father Gibson seconds it. Further discussion on reconsider-
ation of item 4. Call the roll.
The following motion was introduced by Commissioner Gibson
and seconded by Comm. Plummer was passed and adopted by a unanimous
vote of the commissioners.
Mrs. Gordon: Now. the original thats on the table now, who moved 'd
who seconded it?
Mr. Ongie: Rev. Gibson seconded by Mr. Plummer.
Mrs. Gordon: Ok, Father Gibson, you want to remove your previous
motion. Ok, then there' s no motion. then the proper Parliamentary
procedure would be to move to defer.
Mayor Ferre: All right now there's a motion by Father GMDson seconded
by Plummer. that this item be deferred until the Commission has the
opportunity to personally inspect the property and bring it up for
further discussion with the members of the School Board present. I
might point out that I would like to request that when the School
Board comes here to discuss this item if they have already built on
the property without or permission to vacate;that they maybe liable
to rebuild. I would imagine it would have to be a street adjacent
to it because obviously they couldn't tear down the building.
Mr. Davis: Well. as I understand it Mr. Mayor. you did give them
permission to build on that site for the closing of that street. for
the construction.
Mr. Plummer: Well, you know that bothers me, because if I voted.to
a temporarily close that street to accommodate then during construction
is one thing and I'll guarantee you that's what I voted on.
Mrs. Gordon: I would like all the minutes that refer to this partizular
item be brought out and distributed to us please.
Mayor Ferre: Mr. Grassie this is a matter, I guess of principle here.
because you know in effect the City of Miami in the past and I thine
it should be the present and the future has acted really as a citizens
advocate, We are kind of like an Arminian for the citizens on mattIrs
like this where other agencies come in and do these type of things
and citizens of this city look to the city for some sort of protection
MP-
37
NOV..r1976
k
sb I feel that we really need to ki.:rl f thi tnsrc.r' , 11:
_
*01h our fellow core over the c t t..e .uhlic body called t i
_
lace County School Board. They just can't qo in and build buiidi-`x:s
ii temporarily vacated streets when the Co►nrlission did not understand
that at any time that they were going to be building on it. And,
thy
nay have to build sorne kind of access for these people to be able to
get to their home without the kind of jerrymandering that they have :o.
They've been corn:4etely boxed in. This is the typical. I'll tell you
What I call this the expressway syndrome and here's what happen the
state comes in or another public body. They build a road and they
don't really take much into consideration. 41, they displace they
don't rrovi(ie for any housing for them. #2 they don't really carp.
Much about what :Zappcns to all these little neighborhoods, which the/
-continually destroy and this is the same kind of thinking on the par:
• of the school beard and I think we have a moral responsibility to
protect, so I think its important that somebody in the staff get into
this, research it. get the school board and come prepared to
explain how this, happened, why it happened and what the solution is
and I'll tell you it may be the humblest citizen in this community,
but the humblest citizen has just as much right and just as much
and rerhaps in this modern day and age perhaps a little bit more naeds
protection of us in the City Commission.
. :'.r. Mayor. just a minute please, they state here that
they just wanted three objectors and its more than three objectors
against this, but you have in this paper here its just only three, tut
its more than that.
Mayor Ferre: We will contact them and thats be part of the recommend-
ation. All right. is there further discussion on this item?
Mr. Davis: I just wish to add. Mr. Mayor, that no building permit 'aLs
pulled on this school as it is the custom of any state, institution,
or county and the school board does not pull building permits, no
building permit was pulled for this school.
Mayor Ferre: Yea, but you see that portion of it we can't argue with
because they're entitled to build as I understand it without our
government entity. A11 right, call the roll please.
The following motion was introduced by Rev. Gibson, who moved
its adoption:
MOTION NC. 76-1035
A MOTION TO DEFER REQUEST BY THE DADE COUNTY SCHOOL
BOARD FOR VACATION AND CLOSURE OF A PORTION OF NORTH
WEST 5TH AVENUE BETWEEN NORTH WEST 60TH STREET AND
NORTH WEST 62ND STREET IN CONJUNCTION WITH TENTATIVE
PLAT #965 - "MIAMI EDISON SCHOOL SITE FIRST ADD" IN
ORDER THAT MEMBERS OF THE COMMISSION .MAY INSPECT THIS
AREA An) MEET WITH A REPRESENTATIVE OF THE SCHOOL BOARD
BEFORE THIS REQUEST 1S CONSIDERED IN THE FUTURE BY THE
COMMISSION.
Upon being seconded by Commissioner Plummer, the motion was
passed and adopted by the following vote -
Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice Mayor Rose Gordon.
Mayor Maurice A, Ferre.
Mrs t Gordon: Mr. Mayor. may I ask you to see if you could arrange
Edit a stall bus so we can tout that, all of Us at one time and with
our P 1ailnitig Department?
Mayor Ferre: A,1 right. Mt. Gr-assie, if you would terange that in the
ftitUre. All right sir, thank you gentlemen.
10. ONE-YEAR EXTENSION OF CONDITIONAL USE - PLANNED AREA DEVELOPMENT) 3495
MAIN HIGHWAY,
Mayor Ferre: We are now on item *7. which is the granting a one
year extension of the conditional rise granted by Resolution 76-559
to rermit a Planned Area Development consisting of 21 single family
cluster type units at arproximately 3495 Main Highway. Do you have
a mar on that?
Mr. Davis. re can get it sir. hold on. The city is recommending.
Mr. Plummer! Yea, but'.why didn't they build that's what I want to
know:
Mayor Ferre. Its recommended by the Planning Department.
Mr. Plummer: Where is the 1rlicant? Why didn't you build sir?
Mayor Ferre Your name and address for the record please.
M.r. David Miller: My address is 3495 Main Highway. My home address
is 2103 Alhambra Circle. To answer Mr. Plummer' s question in our
orinion we haven't abandon the project at all. All we're doing, we've
had to go through '-iat process. in fact we now tentatively passed
City of Miami's :-1at committee. its before the Dade County Plat Committee
this is the reason for the extension and if you are familiar the Dade
County Plat Process you realize how long it takes. This particular
retition was before the City Commission in July of this year, so we're
basically asking. it has nothing to do with economics. The project
is totallly funded. The r.roject is very viable right now and we're
merely aski g for an extension use.
Mayor Ferre: All right, does it have the rncommendation of the Planning
Department and the Board. Are there any objectors present?
Mr. Plummer: Move it.
Mayor Ferre: Moved by Plummer. Is there a second? Seconded by
Gibson. Is the-e further discussion? Call the roll.
The following resolution was by Commissioner Plummer, who moved
its adoption:
NOV 171976
RESOLUTION NG, 76-I036
RESOLUTION GRANTING A CNE..TEAR EXTENSION OF
CONbITIoNAL USE PLANNED AREA DEVELOPMENT (PAD}
AS LISTED IN ORDINANCE NC. 6871, ARTICLE : CI 1,
CONSISTING OF TWENTY-CNE (21) SINGLE FAMILY CLUSTER
TYPE UNITS, ON SITE KNOWN AS NE'LY 99.50 FEET OF
LOT 9. D.B. "D" - 253 UNPLATTED, BEING 3495 .'MAIN
HIGHWAY, BEING THE EASTERLY 21 UNITS OF SITE PLAN
ON FILE, SUBJECT TO PLATTIYG OF PRGPERTY, ZONED
R-1B (ONE FAMILY) , PROPOSED TO BE REZONED R-1
(ONE FAMILY), GRANTED BY CITY COMMISSION RESOLUTION
NO. 76-559.
(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 Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
111 APPOINTMENT OF TWO ALTERNATE MEMBERS OF URBAN DEVELOPOT REVIEW BOARD,
Mr. Acton: Mr. mayor. members of the commission. The City Commission
amended the original Urban Development Review Board legislation to
allow for the arrointment of alternate members---- and since this is
a board of rrofessional architects and landscape architects to fully
devote their time that many times they call meetings and we've not Yad
a quorum. The purpose of the alternate members would be to provide =ust
that members and in case certain members were unable to attend memacrs
so he would still have a quorum and before you,you have two lists of
names one of them submitted by the South Florida Chapter of the
American Institt:.te of Architects and the other one by the American
Society of Landscape Architects.
Mrs. Gordon: How many are we supposing to be picking...
Mr. Acton: You select one member from each group. There are four
names from the AIA and three names from ASLA.
Mr. Plummer: I offer the name of Joseph Middlebrook, AIA.
Mrs. Gordon: Just a minute. Let's take it easy just a second. Le'
me read what we're doing. From the list of five that we have at th',
tor of this fact Sheet Mr. Acton, those five people remain, is tht..t
it?
Mr. Acton: Yes Commissioner. That's right.
Mrs, Gordon: Mat we a-e to select two more persons- one
of the two grou;)s that are below it. correct?
Mr. Acton: Tha - is Correct.
Mrs. Gord-In: Anl, Mr, Middleb. ook's name was rendered b' Mr. Plummer,
is that correct' T would Fender Mr. Ted Backer's name from the
second group.
4O
NOV 1`'.976
Mayor Ferre
ght?
What is (ASLA) American Society of Landscape Architects,
Acte5h: What's correct,That's the second group Mr. Mayor
ayor Ferre: All right I'll recognize that Lose, but I want to g0
ver the makeup of the e
bibard. any women?
Mr•. Acton: No.
Mayor Ferre Are there
Acton: One Mr + Willie 8orroto.
Mayor Ferre: There's one and a half, because Hill O'Leary, believe
i° or not is Cuban... Bill O'Leary grew and lived all his life in
Cuba until he came here. So. I say there's one and a half.
Mr. Acton: We specifically rE:cruested that the various chapters give
consideration to submitting minority representation.
istirg . , . First of all. are there any existing
Mayor Ferre:
Mr. Acton:
Mrs. Gordon:
Mr. Acton:
Mayor Ferre:
Mr. .Acton:
Mr. Mayor.
Mayor Ferre:
Mr. Acton:
Are there any Blacks in that group?
There are no Blacks in ...
Air. Middlebrook.
I'm talking about the existing board.
I'm talking about the
five that are existing now.
That's right, there ant no Blacks on the existing board
All right. we have two that we can submit, is that right?
That is correct.
Mayor Ferre: And, as I remember this list the two Blacks on this are
Joseph Middlebrook' s is one and Ronald Frazier is the other Bia ck, right?
Mr. Acton: That's right. All.
Mayor Ferre; All right. how about in the landscape architects, are there
any Blacks there?
Mr. Acton: No Mr. Mayor.
Mayor Ferre: All. right. Now, as 1 understood it who made the motion
for Middl.ebrooks?
Mr. Plummer: I did.
Mayor Ferre: So the recommendation is Middlebrook's and Baker, is that
correct? All right is that acceptable?
Mrs. Gordon: These people don't receive any kind of enumeration what -
so -ever as I understand it, do they?
Mr, Acton: That's correct.
Mayor Ferre; 1 assume that they're ►'re willing to serve,
Mr. Acton: Yes.
NOV 171976
Mra. Vordo : And, it takes a lot cf their i r-e .
dedicated public servants to want to dc this.
Mayor Ferre: All tight. there's a Motion by PlUtt let , gUebb,
tsGordon: I`11 seCbnd it.
Mayor Ferre: All right , that we accept the reds mmendations of lam.
ibseph Middlebrooks, AIA and Mr. Edward Baker, ASLA. Further discussion
call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 76-1037
A RESOLUTION APPOINTING JOSEPH MIDDLEBROOKS, AIA
AND TED EDWARD BAKER, ASLA AS ALTERNATE MEMBERS
OF THE URBAN DEVELOPMENT REVIEW BOARD.
(Here fo.lows 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 -
AYES Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice Mayor Rose Gordon
Mayor Maurice A. Ferre
rli.-k v. r
AYES: None.
1, ONE-YEAR EXTENSION - CONDITIONAL USE- LOT 20, BLOCK 8 Vi MIAMI (13-La)f
,W, CORNER OF N,E, 3RD STREET AND BISCAYNE BLVD, (MECHANICALLY
OPERATED PARKING STRUCTURE),
Mayor Ferre: Item 49, this is granting a one year extension of the
Conditional Use granted on Lot 20, Block 83N,....
The current extension
27.
for this Conditional Use wlsas thgsanted by recommended bytion the Department...
Mr.the_:e
any objectors present?
Mr. Davis: The Building Department has inspected this site and finds
it satisfactory.
Father Gibson: Move it.
Mrs. Gordon: i'11 second it.
Mayor Ferre: Oh, is that property that I own
Mr. Davis: Yes sir.
Mayor Ferre: Oh, well, I mean, tell me. Let the record reflect that
I am now excluding myself because the property in question
Mrs. Gordon: 0:, I'll conduct the meeting and its been moved by
Father Gibson. then.
Mr. Davis: Is It the wish of this Commission, Madam Vice Mayor, that
this be extended fcr a long ?eri.od or for a short period?
Mrs. Gordon: What is your recommendation?
Mr, Plummer; Let me ask a question, Mr. Ferencik, we had more trc,uLle
with site than just the screening. We had some trouble with some
laxdscapng, with some Coca-Cola machines, do I assume by your a prcval
42
NOV 1 ' 1976
that all of that has been taken care of?
Mr& rerertcik' its been maintained for the past year,
Mr. Plummer: ok. Fine. Do you want to extend it out t a three year
then?
'UNIDENTIFIED SPEAKIR: May I ask a question Please. a couple of years
ago I asked Mt. Plummer if there's a possibility of having this
permanent 11- appl ovecl. and you a .l iC' that the next meeting that you would
consider that instead of being bothered.
Mr. Plummer: I'm going to move it sir for a period of three years.
UNIDENTIFIED SPEAKER
Mr. Plummer: That's right
Mrs. Gordon: Father
motion?
Father Gibson:
Mrs. Gordon:
on the motion.
The followinw resolution
who moved its adoption:
s better than one year.
two more years better.
Gibson offered the motion, are you amendifl
1 go for three there's no problem here.
Commissioner Plummer seconded the motion.
Ca11 the roll please.
was introduced by Commissioner Gibson,
RESOLUTION NO. 76-1038
Discussion
ESOLUT'IC N GRANTING A THREE YEAR EXTENSION OF
C.CiN> 1"rI AT, USE C'P.ANTE1) ON LOT 20. BLOCK 83N.
. AMI (B.-41) ;. A1`EL' AT N.W. CORNER OF N.E. 3RD
STREET AND BISCAYNE &!ULEVARD ORIGINALLY GRANTED
BY THE CITY COMMISSKN BY RESOLUTION NC. 43092
,,I'Tt; EXTENDED ANNUALLY TO PERMIT A MECHANICALLY
OPERATED PARKING STRUCTURE.
(Isere 'follows body or resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer,
was passed and adorted by the following vote -
Awl Mr. iteboso, Mr. Plummer, Rev. Gibson.
NOES: None.
ABSENT: None.
ABSTAINING: Mayor Ferre
the resolution
and Mrs. Gordon.
UNIDENTIFIED SPEAKER! I may add one thing that although I am asking
for this rremanent three years extension. the fact that I may not be
here at this parking lot within the next 30 days. because its a
possibility that I may be leaving, because of this thats why I'm asking
a rermanent...
"rs. riordon. You got three years and if I were you I would...
UNIDENTIFIED SPEAKER: What I'm trying to say is that at least I will
be rerresenting the comFany ,.
.,ors. =iordo n : You just inform whoever takes rossessiOn after you that
we exrect them to maintain it in an equal or better degree than you/lave
done, ok u
I;NI D ?" TI 1'TEJ) S FAVER - Well i hope so.
43
N OV 1 71976
M : I'j.UMi e r r Buyer beware,
%IV er `e Let the tecotd reflect that I was not in 62
is I didn't Vote.
. ONE-YEAR EXTENSION ` CONDITIONAL USE " RESIDENTIAL DEVELOPMENT ' OF A
PLANNED UNIT NATURE - 3 45 MARY STREET,
Mayor Ferre: #10, A resolution granting a one year extension Of the
Conditional Use granted by Resolution No. ZB 72-76 to permit constru -It-
ion of Residential Development of a Planned Unit Nature at approxina.:ely
3045 Mary Street. Is the Applicant here?
Mr. Davis: We sent a letter to the Applicant requesting his preserc,:.
Mr. Sanford Pomerance: I reside at 3701 Batterseas Road in the Grove
and I'm here to :'equest of Mr. Morris Kerr to request the extension
for one year. I was listed as owner of this property at the time ani
I received a let•:er. Since the original inception on April 19th of phis
variance he has closed on the property and I'm no more the legal own r
have as a favor to him in knowing the condition of the property I war;
willing to come on hi- behalf as he was out of town.
Mr. Plummer: Well. why hasn't he built?
Mr. Sanford Pomerance : He closed in June and at the time I went w.t:i
him to the banks. The banks were out of funds that had promised h:.m
the money to develop the property and just recently the funds becar:,e
available and his associates suffered a heart attack. He expects to
start from what I understand very shortly now.
Mr. Plummer: I'm trying to remember this individual item. Was this
controversal?
Mr. Davis. No sir.
Mr. Plummer: Ok. You move it
Father Gibson: Yes.
Mr. Plummer: I second it.
Mayor Ferre: Aro any objectors present, if not on item #10 its been
moved and seconded. Further discussion. Call the roll please.
The following resolution was introduced by Commissioner Gibson,
who moved its adoption:
RESOLUTION NO. 76-1039
A RESOLUTION GRANTING A ONE YEAR EXTENSION
OF THE CONDITIONAL USE AS LISTED IN ORDINANCE
NO. 6871, ARTICLE VI, SECTION 1 (4-A) (a),
TO PERMIT CONSTRUCTIC'N OF RESIDENTIAL DEVELOP-
MENT OF r'LANN D UNIT NATURE ON LOTS 19 AND 20,
MALCOMB i'EACOCi( SUB (3-35) :AND LO'S 23 AND 24
H ARDIE' S ADDITION (7- r) , Ts ]ING APt R_)XI%ATELY
3045 MARY STREET, C(NSISTING OF 8 DWE LT,] Nee
UNITS IN 4 STRUCTURES I'LR PLANS C:N FILE,
ZONED R-2 (TWf FAMILY, DIS`7R?::T, GRANTED BY
ZONING BOARD RESOLUTION NO, E 72•-76,
Nez'e follows body of resolution, omit h
in the Office of the City Ca.er3 . )
44
NOV 1 1976
Upon being seconded by Commissioner i u-rtner
was patted and adopted by the following vote-
Commissioner Manolo Reboso
ComMiss , oner (Rev.) Theodore Gibson
Conmiss ionrr J. L. Plummet, Jr,
Vice Mayor Rose Gordon
Mayor Maurice A. Ferre
Avta:
N SEg None.
the resoititibn
14 SECS DING ORDINANCE: CHANGE ZONING CLASSIFICATION, Lots 2, 3, AND 4;
8LocK 1, RIVERMONT PARK, 901 N.W. 13TH AVE„ FROM
R-4 To W-I .
Mayor Ferre. Item #11 "A", Rose would you read that for a moment,
please?
Mrs. Gordon: Ok, Second Reading Ordinance .
Mr. Plummer: An ordinance amending ordinane no. 6871, the comprehen-
sive zoning ordinance fol.. the City of Miami, by changing the zoning
classification... etc. I moved it before and I move it again.
Mrs. Gordon: Ok. Who seconded it. Reboso you seconded it.
Mr. Plummer: Yea.
Mrs. Gordon: Ok, discussion. Call the roll please.
AN ORDINANCE ENTITLED"
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE
CITY OF MTAMI , BY CHANGING THE ZONING
CLASSIFICATION OF LOTS 2, 3, & 4 LESS W5'
AND LESS THE S20' OF LOT 4, BLOCK 1, RIVERMONT
PARK (4-46) , LOCATED AT 901 N.W. 13TH AVENUE,
FROM R-4 (MEDIUM DENSITY MULTIPLE) TO W-I
(WATERFRON INDUSTRIAL), AND BY MAKING THE
NECESSARY CHANGES IN THE ZONING DISTRICT MAP,
MADE A PART OF THE SAID ORDINANCE NO. 6871,
BY REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTICN 2 THEREOF; 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
the 27th day of October, 1976, was taken up for .its second and
final reading by title and adoption. On motion of Commissioner
Plummer and seconded by CommissionerReboso, the ordinance was
thereupon given its second and final reading by title and pased
and adopted by the following vote:
AYES: Commissioner 'danolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice :•layo r Rose Gordon
Mayor Maurice A. Ferre
NCES; None.
SAID ORDINANCE WAS DESIC,NATED iORDINANCE NO. 8590,
The City Attorney read the ordinance into the 1:, 1 ,c r
announced that copies were available to the members of the
City Commission and to the rublic.
45
iCOM READ
CHANGE ZONING i,�AS IF`"ATION, LOT 1; BLOCK 3•,
�� � R IV i ' ND PAR i 901 NA W � 13TH AvE. , FRS Wf
TO R-W
Mrt, Pinter: Read the
Mayor Terre: Moved by
Call the roll.
AN ORD/NANCE ENTITLED -
ordinance into the record.
Plummer. Seconded by Reboeo. Path r dittuaaion.
AN ORDINANCE AMENDING ORDINANCE NO, 6871,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE
CITY CF MIAMT, BY CHANGING THE ZONING
CLASSIFICATION CF Tat, W5' OF THE S50' OF
LOT 1. BLOCK 1, RIVERMONT PARK (4-46) .
LOCATED AT 901 N.W. 13TH AVENUE, FROM W-I
(WATEFRONT INDUSTRIAL) TO R-4 (MEDIUM
DENSITY MULTIPLE) DISTRICT, AND BY MAKING
THE NECESSARY CHANGES IN THE ZONING DISTRICT
MAP, MADE A PART OF THE SAID ORDINANCE NO.
6871, BY REFERENCE AND DESCRIPTION IN ARTICLE
III, SECTION 2 THERCF: REPEALING ALL ORDINANCES,
CODE SECTIONS, CR PARTS THEREOF IN CONFLICT;
AND CONTAINING A SEVERABILITY PROVISION.
Passed on its first readini7 by title at the meeting of the
21th day of October. 1976 ,las taken up for its second and final
reading by title and adoptic,n. On motion of Commissioner Plummer,
seconded by Commissioner Reboso, the ordinance was thereupon given
its second and final reading by title and passed andadopted by
the following vote:
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice mayor Rose Gordon
Mayor Maurice A. Ferro
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8591.
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.
NOV ':' 1976
ING ORDINANCE: ESTABLISH NEW CONING D I STR IC° '4 RCC)
RESIDENTIAL -OFFICE.
Mr. Martin White: I'm a property owner at 22nd Avenue and Dixie
Highway. spoke before because I heard of comprehensive zoning
and I thought this was actually what we were discussing, I came in
just at that time. I concur with all of you gentlemen and Mrs. Gordon
on WoAHrroval of these four items that are going to be approved for
the time. But I do feel that further east on,Dixie Highway between
26th Avenue and 22nd Avenue where you have a zoning thats been there
since - approximately since 1963 of an R-CA zoning which I feel in
my mind which I'm a property owner -there that if this was a good
zoning why didn't the city Planning Board or its Advisory Commission
go ahead and make R-CA zoning further down the street and come up with
this new zoning which is R-CC.
Mr. Plummer: Further down from where? East of 22?
Mr. Martin White: 27th Avenue up and down 27th Avenue going south
from Grand Avenue you have a recommendation of R-CC which is conformed
with the whole area. You have four or five different zonings including
in R-CA in that area but you're making it R-CC which is perfect. Now
you're going along Dixie Highway which I'm naturally interested in and
you're taking Bridgeport, I don't know if you have a picture up there.
Mrs. Gordon: We have a map of what we're discussing.
1r. nar.tin White: A11 right. On Bridgeport you will notice the
recommendation of your Planning Board is to take...
Mrs. Gordon: Point to Bridgeport Please Mr. Davis on the map.
Mr. Martin White: The little blue area just behind C-1A. Now thats
zoned R-CA that's what being recommended on U.S. 1, Dixie Highway
fast traffic 70 000 cars go by almost daily. Well, if you Trade
Avenue. you'll also see going from Trade Avenue and going from
MAC Donald further down approximately a block you will see RCC also
recommended .
Mrs. Gordon: Point to that please Mr. Davis.
Mr. White: The blue area coming to a point. He just had it up there.
Mrs. Gordon: he changed maps. Ok.
Mr. White: So therefore there are three areas that all this area
actually is going to RCC which I feel is a good zoning.
Mrs. Gordon: That is your recommendation or request of us?
Mr. White: For my recommendation I have hand delivered a letter to
Mr. George Acton Office and spoke to Mr. Acton on the telephone. And,
in this letter I state that I feel there should not be any more spot
zoning in the area.
Pars. Gordon: Where is this spot you're discussing?
MX. trtite: I am discussing 22nd Avenue and Dixie Highway that
half a block of property. I only owned it for 26 years,
Mrg, Gordon; Point to it please Mr. Davis on the map.
47
ui r t+ t : 7 s not on the tee.
white tts not on that rna'r r Its adjoining this tntoperty rihie
five or six different 7.bniegs Most of its being nut let() a
RCC
ning, A11 the 2roperties in the four block area is already built
at except. my piece of property. These were all 25 and 50' lots With
hetes on it were made into offices therefore I was asking if the
Whole area would be made into an RCC zoning which would snake contiegtency
along the highway.
Mrs. Gordon: What are you zoned at?
Mrs. white: RCA, which in all these years I've never built on it.beca:lse
I could never get anyone that would agree with me to go two stories high.
RCC goes four stories high, but it doesn't permit any more building
space and it doesn't permit anymore parking, but there is a few more
liberal features in there that makes it usable and it is a longer hgl-
taay and conforms to the area and there's a 20 foot driveway behind ;:his
property. That's a buffer. That's always has been a buffer behind the
R-1 property and this R-CA property. I have maps here that I've sent
Mrs. Gordon: Mr. Acton, isthis property continuous with the property
that you are recommending for the RCC? Is he continuous?
Mr. Acton: No Commissioner Gordon. He's speaking of the property on
Dixie Highway bascially between 27th Avenue and 22nd Avenue. They're
`presently is zoned R=CA and the Planning Study for Coconut Grove re --
commended that it be retained in that classification. That he is
requesting is a consideration of a change of zoning from RCAto RCC
along Dixie Highway basically again between 27th and 22nd that of cot._:se
is not before the Commission. All the Commission can do at this po:.nt
and time is to request our department to look at it and report back
-either to the Commission or the Planning Advisory Board as to what their
recommendations would be for a change of zoning, from RCA to RCC.
Mrs. Gordon: You haven't looked at it at all.
Mr. Acton: We looked at it yes. We looked at the Planning Study for
Coconut Grove when our recommendation at that time was to retain that
zoning in the RC.. classification mainly because we felt that a small
scale residential was not appropriate and that it would be appropriate
for office development which it is occurring and we would be glad to
review that strip.
Mrs. Gordon: I'rr not taking any position on it. I just it to be
brought up.
Mr. Acton: I understand that. Sure. A11 I'm saying that we would
be glad to take another look at that area and report back either dirently
to the Commission or the Planning Advisory Board.
Mrs. Gordon: You understand that sir. All right. Ok.
Mr. Plummer:
i trove item 12, which is the creation of the ordinance.
Mayor Ferro: All right. has the ordinance been read into the record?
If not would you read the ord.inEi nce into the record please?
Mr. Plummer: Reads the ordinance trto thetecord,
Mayor Ferre: All right, is there a second? Seconde4 y COMMi4 inner
Gibson. Furtberdisoussion, CF - the roll
48
AN c RDINANC ; ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO, 6871, THE
COMPREHENSIVE ZONING ORDINANCE or THE CITY OF MIAMI
8Y ADDING A NEW ARTICLE X24-4, RESIDENTIAL CFF'ICE, R=O
DISTRICT, PROVIDING FOR INTENT, USE REGULATIONS,
LIMITATIONS ON USE, AREA „YARDS , HEIGHT, LOT COVERAGE,
FLOOR AREA RATIO, MINIMUM FLOOR AREA, USABLE OPEN
SPACE, LANDSCAPING, PARKING AND SITE AND DEVELOPMENT
PLAN APPROVAL: REPEALING ALL ORDINANCES, CODE SECTIONS
OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN
CONFLICT: AND CONTAINING A SEVERABILITY PROVISION.
passed on its first reading by title at the meeting of the
27th day of. October, 1976 was taken up for its second and final
reading by title and adoption. on motion of Commissiore r Plummer,
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 Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
SAID CRDINANCE WAS DESIGNATED ORDINANCE NO. 8592.
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.
Mrs. Gordon: Mr. Acton, will you look into that matter without a
motion, is that sufficient?
Mr. Acton: Yes. We'll be glad to do that Commissioner Gordon.
Mrs. Gordon: Ok.
17, SECQND READING ORDINANCE: AS IN
CO COCONUT GROVE RE ZONING IXISTCLASSIFICATION INGZONING OF ETO R-CC
RESIDENTIAL -OFFICE,
Mayor Ferre: Take up item 13.
Mr. Plummer! 13, Gibson is the one that you brought some comment about
the people in the area had not been notified. Item 13, your comments
at the last meeting was the people surrounding Grand Avenue where this
R-CC was to be applied had not been notified and they had been bringing
comments to you.
Mr. Davis: Commissioner Gibson we carefully checked the current list
of taxholders as of January 1st of this year and we made sure that
every single property in that R-C district, particularly the one along
Grand Avenue was represented on the mailing list. They were all mailed
out 10days ago and all of the property owners should haverreceived their
notices that the mail went through.
Mr. Plummer; Is there anybody here to object?
Mayor Ferre: Are
there any objectors on item 13?
Mr, Vincent Ashe; I live at 2630 S.W. 28th Street, When this was
brought up at the last time I pointed out that most of the people
49
NOV 171976
ivthg along the 27th .4vci;' u rc, . ;'_n
'hate this this chenee is also eoi e to take :lace. c t ..n really und r-
ta d what it entailed what it would mean to us and how it would
Ctlially change cur neighborhood Vice Mayor Gordon suggested that
)1e planning Department could send someone around to talk to us and
:ekpleir it to us, which they did. Mr. Luft came by_and spoke to our
group and it was fairly well explained to us. Generally I would say
Mat t of the people in their neighborhood area are in favor of it With
a few objections. Our main problem in that area and the basis of most
f the objections and what we would like to recommend is that right
as it stands now. just changing that zoning will not alleviate our
irrajor problem which is a tremendous conflict of traffic in that area
'caused by the business that is there now. in particular two clubs and
One convenience store on the corner that isn't included in the R-CC
Zoning. These businesses at this point created tremendous overflow
traffic into the surrounding neighborhoods. They used the R-1 distrik:t
single family streets as a main corridor for routine valet parking ca:s,
"and just in general for the people to run around and escape 27th Avenue,
-and going from their parking and getting to that club. Our recommend-
ation was and Mr. Luft agreed with it there are provisions in the
planning book that we would like to see incorporated with this change
in zoning. On page 26, item 07, the including of to allow a left tt.rz
from Dixie Highway on to 27th Avenue during the non -rush hours. since
there already is allowed a left turn of north bound traffic. with a
left turn signal. At the same time they could go out southbound traf._ic
-turn left on Dixie Highway and 27th Avenue instead of cutting over on
28th Street. A_iso, he recommended a closing of two streets along 27t:i
Avenue that I think Mr. Luft could explain it a little better, but would
sort of inhibit the use of those back streets by the businesses there
and the peorle accessing them as their parking and their main access
to those streets just because 27th Avenue gets crowded. Most people living
in those areas on both sides frankly feel that this is creating a more
business district than residential. Right now its sort of half comne:cial
and :Half residential and the corridor will then become entirely bueir.ess
or residential. 7eer feeling is it'll probably become more and more
professional offices with more traf `ic. We would like to see something
to inhibit that flow of traffic from the surrounding streets. It is
'really right now an intolerable problem. as it exists now.
Mrs. Gordon: ?;hat streets are you talking about?
Mr. Acton: He's speaking not about the R-CC zoning or its amplifications
but the traffic -problem that exist along 27th Avenue.
Mrs. Gordon: I know , well I recognize what he was discussing. but :'m
asking which streets he was recommending to or that Mr. Luft I assume
made the recommendations to close, which are they?
Mr. Acton: What I would again recommend is that you direct the department
to work with...
Mrs. Gordon: I just asked a question.
Mr. Acton: I understand that, but...
Mrs. Gordon: i ..ant to know which streets were being discussed. you know?
M.r, Vincent Ashe: There is an access to 27th Avenue sort of a tail cnd
of Inagua that ie between two t.=roperties that both have thorough accfss
on all sides of the highway, T_ mean, not the highway. but on 27th Avc nue
and on Aviation cnd on Inagua, itself. Another location would be tzt:
short access to 27th Avenue fe m Andros Avenue, that would not inter:er
with access into that area, Ai it is now that circular 27th Avenue.".3th
Street and .Andros Avenue is used three(3) nights a week as more or less
a delivery, access from a parXing lot on the corner of 28th Street anc
50
NOV 1 re 1976
f*
27th 'AVer ue to those clubs on the corner, rather than come out on 27th
Atertu all quite frankly th- neighborhood is continuously woken up at
J:00 o'clock in the morning. What we would like -- we would like to
recommend that this change in zoning R-CC zoning along with this we
at least get the City Commission or get the machinery in motion to
incorporate, at least give us those considerations. If it is going to
be a more business oriented zoning. We would like to see some better
Control of traffic by the city in that area.
Mr. Plumrn r: Know what he's saying Rose. that now that also every
night the rolice department tow off from that location about 12 to 15
cars and write about 30 to 40 tickets almost every night and you would
think when you hit people in their pocketbook they would listen, but
obviously the same people don't go back twice. So. Mr. Manager you
got to increase that to 30 cars towed a night and 100 tickets written
and then maybe somebody will listen. Thats what he's saying.
Mrs. Gordon: What he's saying is that we've been too lenient in our
regulation on private clubs that's what he's saying and we have talked
for a number of vears about making the regulations more stringent.
And increasi-g requirements and etc, and etc. and thats all we do is
talk and we haven't acted on it and I would ask you again to let us
know if you are working on such modification to the requirement or
private club that those recommendations that you are currently proposing
to bring to us. bring to us quickly. I'm sure you're working on some-
thing because its been a long time that we've asked for it. Right?
Mr. Acton: Well, Commissioner Gordon we did act on private clubs about
a year ago. We made them conditional uses and actually the honey and
the bear, the ore that he's talking about and the private club across
the street were grandfathered in, you know prior to the time we enacted
the necessary legislation. What I'm saying is that we do have that
proper controls over the location of private clubs now, but its a matter
of locking the gate after the horse has gone.
Mrs. Gordon: True, but there has to be some control over the parking
of the cars that come to those... clubs and I'm not going to tell you
how to do it because I'm not a lawyer or a professional planner. but
you are a professional planner and we have a very capable Attorney
sitting here, so between you you ought to come up with something to
give us the safeguards we need.
Mr. Plummer: Rose. I don't know how you could figure when there's only
four parking spaces for 200 people that, that's not adequate.
Mrs. Gordon: Well. stack them up, straight up.
Mr. Vincent Ashe: Mrs. Gordon, may I ask another question. One of
the things I'm suggesting here about traffic control is a part of this
Comprehensive Coconut Grove Study. What we would like to do is to
cease some of these other especially the traffic and control things
included here and including possibly the street closing and I was
under the understanding from Mr. Luft that he would help in the explanation
of that process. as a -- in other words. just frankly the main objection
to the R-CC zoning is that you're going to take what is residential now
and make it business and we can only see that without some control of
the traffic other than what it is now just going to exasperate the
problem.
Mrs. Gordon: I know. But we hope we'll have some help.
Mx. Acton: In answer to his question we will undertake recommendations
as they pertain to traffic control along 27th Avenue in connection with
the applications to R-CC zoning, and come back to the Commission with
recommendations.
nr. Vincent Ashe: Thank you,
51
v
Mayor 'erte: Would ,o a rea the crdi nznce
d`,L, have you got that ordinance in front of you,
nto the record please?
Mrs Plummer: Read the ordinance into the record,
Mayor Ferre: Moved by Commissioner PiUrhet. Seconded by C MMiaSiO teI
Reho wo on second reading is there further discussion Card the rails
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
THE COMPREHENSIVE VE ZONING ORDINANCE FOR THE
CITY OF MIAMI, BY CHANGING THE ZONING CLASSI..
I'ICATION FROM R-1 (GNE FAMILY), R-2 (TWO
FAMILY), R-4 (MEDIUM DENSITY MULTIPLE), R-CA
(RESILENTIA7. OFFICE), C-1 (LOCAL COMMERCIAL),
C-2 (COMMUNITY COMMERCIAL) AND C-4 (GENERAL
COMMERCIAL) TO THE R-CC DISTRICT (RESIDENTIAL
OFFICE) FOR AREA 1 - BOTH SIDES OF GRAND
AVENUE BETWEEN MARGARET STREET AND 2 LOTS
EAST OF PLAZA STREET, AREA 2 - BOTH SIDES OF
WEST TRADE AVENUE AND S.W. 32ND AVENUE SOUTH OF
DIXIE HIGHWAY, AREA 3 - BOTH SIDES OF BRIDGEPORT
AVENUE SOUTH OF DIXIE HIGHWAY, AND AREA 4-
BOTH SIDES OF 27TH AVENUE, BETWEEN S.W. 28TH
STREET AND BIRD AVENUE, AS SHOWN ON THE MAPS
ATTACHED HERETO AND MADE A PART HEREOF; AND BY
MAKINC THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP MADE A PART OF THE SAID ORDINANCE
NO. 6871 BY REFERENCE AND QESCRIPTION IN ARTICLE
III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES,
CODE ;ECTICNS, OR PARTS THEREOF IN CONFLICT; AND
CONTAINING A SEVERABILITY PROVISION.
Passed on its first reading by title at the meeting of the
27th day of October, 1976, was taken up for its second and final
reading by title and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Reboso, the ordinance was thereupon given
its second and final reading by title and passed and adopted by
the following vote;
AYES: Commissioner Manolo-Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice Mayor Rose Gordon
Mayor Maurice A. Ferre.
NOES; None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8593.
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.
re,
NOV 171976
181 APPEAL. OF Ni IGI-ftORHOOD OBJECTORS OF ZONING BOARD'S DECISION TO GRAB'
CONDITIONAL USE AND VARIANCE TO VILLAGE FOUNDATION, 1NC. FOR
RESIDENTIAL SUBSTAN« ABUSE FACILITY. (CITY COMMISSION OVERRULE)
DECISION OF ZONING :s.•'
Mayor Ferre: Item 14 "A" & "B"- Mayor reads ordinance into record.
1 r{uess the }rocedure here - this is a neighborhood objection, the
zoning board decision, so I guess we will hear the applicants first.
This is just procedural Rose. All I've done is read this thing into
the record just to... and now I'm going to find... we're talking about
procedures and then we'll get the rest of the commission here and we'll
hear the item.
Mrs. Gordon: I would like to ask Mr. Knox a question, he's on the phone
ok. My question is that I am the owner of property on Biscayne
Boulevard and North of 29th Street. not within the circle drawn on the
map, but probably within a walking distance its lot 11& 12. block 11,
is it your recom►iendatio n that I abstain from voting on this item? You
see where it is, block 11 west side of this street?
Mr. Knox: The question would turn on whether or not in your own mind
you can feel that you can exercise independent judgment in voting on
the matter and baser] upon a consideration of whether or not you would
be personally benefited ... or not benefited. When we talk about
benefit, we talk primarily about a pecuniary benefit, but at the same time,
of course,have construed other kinds of benefits including atheist
benefit, ,as constituting some sort of an undue persuasion.
Mrs. Gordon: think in view of the fact that my property falls so
close to the line that is been drawn for this rroperty I would abstain
from voting.
Mayor Ferre: For the record I'd like to say Mrs. Gordon that I concur
with your decision. I think thats a very wise decision I think thats
a very wise decision on your part and I think thats its factual. Would
you on your way to your office ask some reinforcements to come in here
and see if they have any conflicts? We're horsing around because we've
got wait for the others. We need a quorum before we can even listen to
this. Well, let's maybe talk about procedures,ok, maybe we can do a
tittle of that talking. How many of the objectors are here? Would you
raise your hands please, all right. now how many of the proponents are
here, raise your hands. Put your hands down. because people get upset
about this and don't read anything into it, this is just a procedural
thing just let everybody know. How many of the objectors live in the
neighborhood? How many of the objectors live in the City of Miami. In
other words. you live in the neighborhood but some of you may live
in the city but not in the neighborhood. How marylive in the City of
Miami, objectors raise your hands? Objectors, that's right. How many
of the Proponents live in the neighborhood? Proponents in the neighbor—
hood. Yes. I recognize that ma'am but you know. I know that this
question is gcing to be asked by ten(10) people, you know, how many of
the proponents live in the neighborhood? All right. that includes the
facility. Now, to satisfy you ma'am, how many of the proponents live
in the neighborhood other than in the facility, other than in the
facility, all right, five. A11 right. how many of the proponents live
in this City of Miami, raise your hands. Obviously, if you live in
the facility you live in the City of Miami, ok. How many of the
proponents other than those live in the facility live in the City of
Miami. Raise your hands. proponents,now. (for)...(81 All right, I'll
ask all the nu^stions and I'll ask whether they're citizens or anything
else. How many of the proponents -- own property in the City of Miami.
There are fifteen (15) proponents who own property. How many of the
proponents rent or ray rent in the City of Miami, which is another way
of paying taxes. About twelve (12), ok. Are there any other questions
that need to be asked. These are cuestions that are always asked and
53
1
� j+ gets ell upset r a ^� \;'.11�t.. ._ j .\.' �. �:. 1: _. .4.
you know everybod
-� they're ci'!f� i ' .7 is ..G i.. 4 t...
neighbor ood or don't live or w ethet r h. y rrp
*o '" did everybody see the hands. I'm doing this for the mer ei:s o.
�1e i2►udienee as well as for the Members of the Commission. All right,
h6re's another ctueStion being asked. Let's answer that one too. Hot%
tany of the proponents those that are for are property owners within
the ifittediate neighborhood, raise your hands. p,11 right, two (2)
then than the people in the proposed property. What? All right, I
think the answer is one as I understand it? Ok, are there any other
questions that any members of the public wants answered as to who's
here and who isn't and who .represent what? How many of them ere
paying taxes that are objectors? All right, now on the other side?
How many are property owners of the objectors in the
clim immediate
vl�ici i Y?
Any
�,].l right, now i'1 the City of ���ami, ok. ow
'Harty of you are renting, rent in the immediate vicinity? All right,
One (1). Any other questions of this type? All right, now on the
objectors side, hew many of you wish to speak? Eight (8) objectors.
These are eight objectors that wish to be heard tonight. Ally right
now how many of the proponents wish to speak tonight.
ur
hands so I'll know. I count four and five. I would like to see if
we can condense this as much as possible. So if there are any of you
that must speak I will recognize you. If you just have a burning
desire that you cot to speak. I would like to ask Mrs. Grace Rockeseller
if there are ,no objectors on this side to kind of chair the objector-
side. Would you gather together witheeichtapeople
nize hewho
mifwish
youtooay_�.dak
as objectors Mrs. Rockafell_ar and wouldyou
talk anybody out of being a speaker so that it could be condensed. I
would be grateful. I don't want to deny anybody the right to speak
however. All right. why don't you get the eight speakers. including
yourself tccethe.e and you make your team and you do the same whenever
you're ready. y -
All right, does anybody have any objection so far?
Next, we do have to set some time limits
and
wtol-- Mrs. present youraca;e��r
how much time do you think you need. your group 15 minute
and you answer the same cu_stion. Everybody included now..
All right. then will grant 20 minutes to each side. Is that acceptable.
i'li tell you if we need some rebuttal I'll give you an extra five
minutes to rebuttal. If its needed. I hope its not needed. Plea.ie
try to keep it short and too the point. One last thing firs. Rockafe lar
to both sides would you please tell each one of the speakers not to De
repetitive. If I say I'm opposed to this because I don't like such and
such and such please the next speaker don't say the same thing over
again because its not necessary. all right?
Mr. Plummer: ''ir. Mayor, here again I want to interject and I hope
that both sides are listening. This is an appeal and according tc
the charter the only thing that this Commission can hear oncappeal :s
any new evidence. There is nothing to be rehashed,-Th�s is for new
that was done at the lower level what it is for.
evidence something that has not been discussed before. And, I'm
hoping that that provision, will be adhered to.
• '.r. Plummer, may I address this remark to you?
wholeheartedly disagree with you that only new evidence that wasn't
before the lower level could only be presented particularly whclr
the white is contrary to_the preponderance of the
matte.:
which would make the lower decision well out of line,
Out of baler .e
.and I ze..;�,- -
tfully submit that we ha -Ye a right to not confine ouriE Ives
ar
just to new evidence we have 3 r .ceht . even thoc.gh it may be repet'_t i'xe
i n ':e hahavea right to hear
'of what took place t'thetr.�b�.rE �u below. mow,
it where its ccr:tart' to ;:he wecht of the evidence:.
Mayor Ferre: -
me, I will recognize the face that you've ju31-
xcusc'
presented and With all d:..e respects e to my colleague, gue , Cornmissi Oner-
?.iummer , even though he is technically right and you are technical:-1
Wong. I would 1>_rc to request that in
this cage because it is a
bard issue and you have a lot of emotions involved that we not 1imi t
54
Er-
NOV 171976
0
people because we're going to end up in a shouting match here as to
whO tan say what and its just going to become even though technically,
cirrcet dot. 1 think practically we'll just end up. ycii know the
toM ht 1 Naive or you call somebody out of order, you're just going to
hate one hassle on your hands and I think they're going to talk for
20 minutes and let's just go through it and let them say what they
wan.
Mr. Plummer: Well. just for the record Mr. Mayor and this gentlemen
edification, I have made that comment all day sir.
Mayor Ferre: Yea, this is not in reference to you,
Mr. Plummer: It is the purpose of having a lower board, now if this
is going to continue then let's eliminate the lower board, why bring
you and the rest of the people out on 3,4,5,6, different occasions if
you're not going to hash it out at a lower level? Now, either its a
good system and it works or its a bad system and lets change it. All
I'm saying is that this volumes and volumes of words. I've read sir
everything that all of the people have had to say thats why they have
a lower board so that it can be hashed, re -hashed and a decision made.
:Mayor Ferre: J.L. you're technically right, but unfortunately this is
not a judicial system. its a legislative body...
Mr. Plummer: Change the charter or comply with it.
Mayor_ Ferre: Ck. Well. I'll recognize you after this meeting for ai
motion you might want to make to change the charter.
Mr. j'lummer Oh. I don't want to change it. I think its a pretty good
idea the way it is.
Mayor Ferre: It doesn't function. People want to say it and there's
no way you can stoi: them. I feel. All right now are we aready to
get going. Mr. Knox. technically. I guess who do we hear from first
the rroronents or the opponents?
Mr. knox: First you hear from those who are appealing the decision,
?Mayor. Ferre: Those who are appealing the decision. which means the
opronents. The decision is in favor, so that means --
Mr. Plummer.: The ArT licants. In this rarticular case the objectors
are the ' ;licant-. They have applied to have this overruled.
Mayor Ferre: Perhaps so that we can a little variety, you need a
majority vote. Would it be all right to the rrofonents if we alternate
one speaker. one speaker this way, or would you rather that they a'.1
make their case and then you make your case?
Mr. Mayor, I think it'll probably be better just to
have them make their entire case and let us respond.
;'ayor. Ferrel Is that accel to:ale to you Mrs. Rockefeller; I recog size
you 'or the record.
Rockafel.lar: Mr, .tayor. I may take a little more than five minutes
the rest of them are only going to take a courle of minutes. I li ;e
at 214 N, r. 71st Street. Miami. Florida, I'm President of the North
:ast Improvement Association, I'm President of the N.E. Taxpayers
Association, I'm an?-.earing here today as a rrivate citizen. Now. I
don't think there's anyone that objects to drug abuse facility if they're
runner] by responsibile r.eorle in '-rorer locations and are not overcrowded
and are properly supervised. But what this grouphere today is objecting
to is everyone of them being in the City of Miami and most of the' in the
55
North East. Aed. At. :Thyor when you i. th thyr,DJ on
both Vou and iv Gibson said VOL vere fee' u w:..th Dade Couatl,
-
Making the city Of Mimi the duteine sround fret every facility they
.efelt undeeirable in every other area of the eounty, Now on your worts
f called the Office of Human Resources I asked for their latest directory.
I got one. It was put out the end of June 1976 and there is not another
drug rehabilitation facility in any other Municipality in Dade County
ekeept Miami. Now you take the north east area. you Mr. Mayor and thie
Commission know that every citizen in the north east has been trying to
get the economy ant the character back of that area and you've been veey
influential in helping us and we appreciate that. but in the north ese
when you consider the drug abuse facilities, the alcololic abuse facileties
the prisoners release facility, we have 26 in the north west. In the
south west they have 22. Now, here's just an example of how they're
Congregated in this one area being applied for here today. 532 N.E. 2vth
Avenue, 512 N.E. 27th Avenue, 455 N.E. 28th Street. 536 N.E.31st Streee,
189 N.E. 26th Street and over here 777 N.E. 30th Street. 5850 Biscayne
Boulevard and so on. Now what we're trying to do _everytime you take
One of these placeoff the tax rolls, you're depleting your own tax, ut
not this one place ... property values are going down. All around it end
the people are confronted with another tax increase and I sat through ehe
zoning board heariegs and listened to people after people get up there and
testify. People that own apartment buildings. There apartment buildiegs
are being emptied, they will not...
. - Mayor Ferre: Grace, excuse me, I want to make sure for the record that
we have it very clear so it won't be challenged later on that you are
here on your own and not...
Mr. Rockefeller: S said. I'm here as a privtte citizen. I heard these
people testify how their homes have been burglarized, vandalized since
this facility came in there. He had so many people crammed into these
quarters they're net properly supervised. They read a letter at the
zoning board hearings from a police officer saying that the crime hat rot
increased. Now. alter listening to the testimony of the people, pers:Dr,
after person got up there and talked about how their homes had been broken
into. They had to rut new locks on their apartment building, the
apartments are being vacated. They cannot keep people living in there.
I called Lt. Flemieg of the Police Department and I asked him for a
printout of the crime in this area and this is pretty thick, just this
ycer since this facility has moved in and then I asked him to compare et
to tae crime the year previous. Here is a list. Here is printer compv.te
out. Over a thousend crimes that have been committed, the police have
beer called. They're mostly vandalism, breaking and entering, assault
sey, offenses and se on. And. I said how does that comrare. I asked "n:.m
how it compares with the year before? The crime has gone up 74% in th:s
lest year and Mr. ;iayor you know I've worked with you, the city on every
bond issue, everything that you've had come up. I've talked to these
people they want to support their city. Theyhave supported their city
but they feel that their city should support them. you know the recorc:
of Mr. Gissen/ I've sent all of you a copy of all this. He buys these
buildings leases them back to himself at a terrific rrofit and then he
gets federal, state, and county funds. These are all county funded.
They're all in the City of Miami and we think there should be somethisc
done about this. Now on the tax proposal here, I mean not on the tax
proposal. as we salY you're raising your taxes by 9% in the City of Miar.i
Now, these people are willirsj to ',-ay it, but they can't pav it if their
property values go down to where thee c.an't sell them £c.r that and we
had the same thing haryen u in c:ur Mayol!r. l:lost everyone of
us when we got our tax bL11, Cr ta7.zes werc. highe They were assesid
at more than we co1•1•1 sell our bome,, for DrA we arplieci ror them and ::17.is
iS ruining your tax base and we think tht 7the („7t'.! 047 Miami should
no to this arrlication aay t City i3 fleodecI. Its time you go into
Coral Gables, Somebody broughtout Foint that well, this is where eh?
• ,
drug problem is, Ela4-eab has a tremendous drug problem. Miam. Beach has
elm
MEI
M
56
NOV '376
11111111111.1111111111111•1111M
a tremendous drug proble. Kendall, South :•,; a-= c North all
have tternendous drug i:roblerns and they're off center
right into the City of Miami. Not.,t we don't mind taking out share.
We're glad to take our share. But when you stick 26 facilities iri one
area of the city we think thats going too far. We think these people
should be denied and let them look elsewhere and I think it would
behoove the City Commission if they would notify the County that they
should pass an ordinance of their own and put some of these places
in the other arras so that Miami does not become the slum area that its
badly becoming. And, Mr. Mayor as I talk to people,I talk to reporters
I talk to people all over that have called me on the condition of
Biscayne Boulevard now where you're not responsible and you don't live
with it. We do. And. they say why have your city official permitted
this fine area to deteriorate like that and I have explained to them
that our city officials are working with it. Our police department is
working with it. but no matter what we do to clean up this area if this
becomes infested with drug abuse facilities and all these facilities
where the crime rates goes up and the property values go down we're
sunk. We can't accomplish them without the help of you and this is
what we're asking for here today is that this City Commission represent
the taxr.ayers out here and say to these people we've had enough., We've
had too many. Mrs. Slope said before the Zoning Board, she said,Miami
should take the lead as it has in the past: What Mrs. Slope should of
said Miami have taken them all and don't stop now. And, we would like
this Commission to say we've had enough go some place else and we would
appreciate that very much. I thank you for your time.
Mayor Ferr.e: Thank you Mrs. Rockafellar-- 12 minutes remaining. Next
speaker please. Your name, address for the record.
Mr. R.E. Field: I live at 481 N.E. 30th Terrace. We own the property
in that circle there and in addition to that we own a 74-unit apartment
house on the bay. We have never had a vacancy that lasted a week in the
last 10 years and now we have five vacancies in our building and very
few lookers. Mayor Ferro we've met with you in the Mac Allister Hotel
on the Mezzanine floor a little over a year ago at which time you told
this gentlemen that is here appealing or trying to get this facility
in that he had no permission to be in there. He had no right to be in
there. He was to vacate these remises immediately. Now, I would like
to know as you is the Mayor. why this has drug on for a .year and we've
been through all this hassling and one thing and another when this guy
is illegally in there and I'm suprortinq him through donations and taxing
and one thing or another and have to turn around and try to defend myself.
Now what is the answer.:
;•Mayor. Ferro: All right, if you'll stop the time now, because a question
has been asked of me so won't count this against your time. The City of
sassed some ordinances and you correct me if I'm wrong now Mr. Knox
and Mr. Grassie in which we stated the avenue which a drug abuse center
has to follow to legitimately have an operation within a properly zoned
district. At that time if I am not mistaken iir. Gissen was operating
this facility in an area that had not gone through that procedure. So
technically he was operating without permission of the City of Miami.
When we met and discussed this I made that statement and it was a matter
of fact. Now the City of Miami as I understand it and I don't know who
would speak to that in the administration, has pursued that matter and
I would like for you to state for the record what has been done and what
the rrocedures as to why we're h re today.
:+rt �navi.s: The city of Miami, as you know Mr. Mayor passed the Substance
Abuse laws zut them into zoning ordinance. Mr. Giesen was served notice
by the Building :)er artment to cease this operation. The court told
� ! c issS. en r r.
:layor Ferret He was taken to court. The City of .4iami took it to court.
s�
NOV 171976
Mr. haVis: The ity of Miami 3uii.dincr )ci•d1:tment took it to court.
The judge allowed Mr. Gissen administrative relief for flying through
the adtinistrative laws of the Substance Abuse Committee of the Zo ii.ng
Board to see if he dould gain legality in that site.
Mayor Ferre: Does that answer your question?
Mt. Field : Partially.
Mayor Ferre:
The City of Miami pursued the matter, took it Court. The
judge granted administrative relief. We can't do anything about it.
Mr. Field: Well, I think you could have done something about it.
Mayor Ferre: What?
Mr. Field! If I'm out here breaking a law and a policeman comes alone
he arrests me and put me in jail.
Mayor Ferre: And then you go to court. because this is a country of Laws.
Mr. Field: You told this man to cease and detest from this location, he
didn't do it. He just kept right on just like nobody said anything tc him.
Mayor Ferre: As the Mayor of Miami I made that statement. Now, it was
taken to court. I cannot determine that. You know, we live in a country
Mr. Field: When t,°as it taken to court sir?
Mayer Ferre: We live in a country of laws and there is (thank God) jt.dges
who make decisions. We are not judges. Would you please state for the
record that the City of Miami took this matter to court, when it was taken
to court and who the judge was and when the relief was given?
Mr. Davis: I hope the Law Department can help me on this, because I don't
have the data.
Mr. Field: Mr. Plummer, if they took it to court eight months later he's.,
already got a foot hold and if they had done something about it right
then and there ...
Mayor Ferre• Well, let's find out because you're prejudging. You're
telling me it was eight months?
Mr. Field: No sir I'm asking.
Mayor Ferre: But you don't know, right? And I don't know either. Let's
see if we can get an answer.
Mr. Knox: We can find out. I can check and see if there's someone still
in the City Attorney's office that can provide an answer.
Mayor Ferre: See if you can find out when it was taken to court. Perhaps,
Mr. Gissen himself can answer that question.
Yes, :;r. Mayor, the situation with the court suit he was ..taken
to court. The trial was held in Dece;riber,
Mayor Ferre: In December of last year?
• In December of last year and :fir, Gissen was found gUilty
and Sentence was p ;ssc:d I believe in June of this year and it is now
currently pending on appeal. but Judge berry dial make ruling on it.
58
NOV 1 `' '.976
•
we re.
Jiidge Perry did rule and how did Judge i erry rule.
Well he found him guilty and he was fined $500.00 fine
Ltd a jail term in addition to that.
mayor Ferre: YOU see the answer to you sir is this, that all we den
do. This is a legislative body . This body -asses laws. We live in
a country of laws and there's judiciary system. We can't pass judgment.
that's wha'' judges do and evidently the man was found guilty and he has
the right as a human being and a citizen to appeal it. Because that
again is the la'w of the land and I guess its an appeal. You know how
these things are. They can drag on forever. But. I want you to know
that the City of Miami pursued this matter as was committed to you and
to the members of that neighborhood at that time. That's all I can tell
you. All right now back on his time.
Mr. Field! The only thing I wish to state here is that I don't think
,its any of these objectors here that personally do not have a feeling
fer these youngsters and they should be taken care of . I know I feel
tha something should. be don' for them. But I don't think that the
city of t•iiami should take the whole burden as pointed out before. It
should be distributed among all the municipalities as well as Dade County,
itself. Let's all help the children. Don't bring them all into one
section. This is like a ghetto if you bring it all in there. Let's
spread it around a little bit let everybody have their portion of it.
And, they coul' be better off. that's all I had to say. Thank you very
much.
Mayor Ferre: Thank you sir. Next speaker.
Benjamin Eizenmant I own- my wife and I own two pieces of property there
each five units --- at 440 N.►,. 31st Street & 444 N.E. 31st Street- they're
adjacent buildings. May 1 say this. I meant no personal offense Mr. Plummer
when T say that we can take an appeal. Where the lower boards decision
is arbitrary capricious. I respectfully submit that this board would have
the authority to overturn that decisioe if this arbitrary capricious.
otherwise, we just can't come in with newly discovered evidence. Its
the same thing rehashed again but at a higher level. Mayor Ferre has
ruled on that so i'il go on from there. I can't add very much to what
Mrs. Rockafellar has said. She's talking about the whole area. I'm
talki g about this same block. This one street, itself even. To the east
of us going to the bay we have only 100 feet away from my property is
the Alcoholic Drug Abuse Center. To the rest of me one building removed
is this proposed Drug Abuse Center. My building has been half empty this
last year, half. Out of ten units. five vacancies and my taxes has tripled.
I only own the building a year an a half ago and one year and a half my
taxes has tripled and my tenants are.... Because I have young ladies renting
these apartments. if they walk towards the bay they have to go past the
Alcoholic Abuse Center-- Rehabilitation Center. They walk through
Biscayne Boulevard the other way they have to go past the rock center, so
I say this, not only we shouldn't concentrate this type of facility in
the high Northeast section but not put it in the same block. Two facilities
in this one same street. Now. I'm talking about center itself, the
Rehabilitation Center. May I say this, its really an old converted motel.
We use to have motel units there. How they're going to take 60 people and
put them in there and have no place to go. There's no grounds around there
where they can go. These reople have to play out in the street or what-
ever they do and they have to some way or another disturb the passersby.
All the young ladies in my q-artment house have moved out. They won't stay
there. Now. talking about - the county's pretty big. They can go some
place where there's a lot of room around there. These people haven':: got
more than 50 feet back yard for 60 people. I didn't measure it exactly,
but I say it was only a motel for parking facilities. This is to me is
worst than a prison. Even in a prison they have places where people can
walk around. So I say we shouldn't conjest this area with this type of
59
NOV i'�1976
a den`
r.
iKaydf Fetfe All right
firth do We have left now
Mr. Ongie Seven minutes (?)
Mayor Terre: We have settee minutes left. The next speaker please. your
ear a and address.
Ms. Shirley Barlett: 455 N.E. 30th Terrace. I would like to read yot:.,
I'm sure that you nave a copy of it: but I would like to emphasize this
again. This is from the Miami Herald, Friday May 28th, 1976. Matthew
Gissen, whose non-profit Village South, Drug Rehabilitation Center on
the target of city zonieg action has also been battling conflict of interest
charges with three different governmental agencies, which have been unding
them. 'there appears to be a complex web of organizations and entangleme.its,
concluded one federal official in Atlanta. On May 18th, Metro Commission
disapproved.' This is i.letrc Commission. These are the actions of other
governmental agencies in regard to this ?articular facility. 'Cn May
18th, the Metro ^_cmmi.ssion disapproved a contract of the Village Sours}..'
As the County Mayer cooc.e said he had "serious doubts about the wisdorc
of contracting with Gissen's non-profit organization". 'Cn April 15t:i
County Attorney, Stuart Simon, in a legal opinion said the county's 00,000
dollars Drug Rehabilitation contract with the Village South was not a.
conflict of interest but a borderline transition that needed careful
scrutiny. Last <'ctober the County Department administrated four federal
law enforcement assistant grants to the Village South and suspended
funding. It has not been restored. Assistant County Manager.Dewey Xr.ight
said the rucsti.on was one Goode referred to, his comment about serioa:.
doubts of contracting with the Village South. Knight said that other huge
Drug Rehabilitation contracts were still also under study.' I called this
afternoon to try to contract Mr. Dewey Y,night who is out of town over the
Weekend. I tried to contact County :tanager Ray Goode. who is out-of-town
until November. I called ...
Mr. Plummer: He is out office my dear.
Ms. Barlett: Oh, he is, -that's a damn shame, isn't it?.. I also
called County Attorney. Stuart Simo•. and couldn't get any reaction at
all from there. But I just wanted you gentlemen to know that other acenc.,
find that there is a conflict of interest with this particular agency.
Mayor Ferre: 'shank you ma'am. Next speaker and how much time do we lave
left?
Mr. Ongie: We have 3'; minutes.
(UNIDENTIFIED): I'd just like to point out one thing that you refer to the
facility as being on N.E. 4th Street. If the facility is built - it vas
three streets N.E. 31st, N.E. 4th Street, N.E. 30th Terrace, with entrance
on each side of tho building, which we all suffer from every angle. l'cn
speaking from the point of residential, the people that reside there. I'm
speaking from tha`. point. You've..been over the rate of crime that is
created there in the beginning. We won't go into that. We met with
Mayor Ferre. We've been here twice - now we've here again. Now, as
said from a residential point -of -view what can be expected from a man
that has violated most everythinef 'that can be expected from him in the
future if this is voted in his favor? You are aware of what ... he went
through, its unthinkable that it should be allowed. What can be expected
in the future. Thank you.
Mayor Ferre: `lank you ma'am, Next Speaker p .aaSe,
NOV 1' 1976
r* Wi:lliatn Bailey. *'m an attorney �LI' �i l:: , .3ui]din
r ret•rrsrnt the estate of Dorothy Sherwood who lived before she died
at 420 N,, 30th Street this it almost adjacent to the facility, I'll
reiterate and adopt everything thats been said here previously and t
Mutt say to you that our constitution that I grew ur url:'er guaranteed the
Licht of due procees of law and that no man should be deprived of life
liberty, or r.ro erty without it. This is an idea that was conceived and
started illegally and now they're coming in asking you to undue what they
have already donillegally and to make it legal that's like getting
arresed for a crime and then coming to the City Commission and saying
rlease rescind the ordinance and revoke and so I won't have to go and
pay the renalty for something I did wrong. You've heard the statistics
on crime. The house in the estate has broken into two times that I
know of and I think it was three times they vandalized it. They steal.
I don't know who did it, but I know it was done within the last year and
I say to you please don't take these people's property and depreciate
it in value to nothing. Without due process of law and consider it
carefully and I thank you and pray God will give you the right decision.
Mayor eerre: Thank you sir. Are there any other speakers? Thank you
very much Mrs. Rockefeller. How much time is...
Mr. Ongie: One minute remaining.
Mayor Ferre: All right. well I, of course will allow you time for
rebuttal. Now it is time for the proponents to present their case.
Mr. Allan R. Daken: Law firm of High Stack Davis & Lazenby Offices at
1.00 Biscayne Boulevard. I'm here tonight along with my law partner
Air. Charles R. Stack to rresent the position of the Village South. I'd
like to simrly give to the Commission before I start a rhoto of the
building solely for orientation. This was presented to the Commission.
It seems to me that we're here really on a singular issue and that
whether or not the lower commission was correct in its determination in
whether the matters which were presented and I mean facts justified their
decision and I think that when you review the entire record. Its very
clear that the facts do support. Now, the opposition, I think, can
really be boiled down to three essential rroblems. The first problen
is the question of the crime situation. Second problem is question of
lower values and the third problem really is just the question of fear
and its n very understandable fear anytime that you run into an unknpwn
situation you have that. I think that the evidence specifically refutes
all three of those and shows that this is an ideal location. And,
incidentally follows the exact criteria which your ordinance requires.
This is showing first of all from the very back that every single advisory
body that has heard this matter and considered it to date has approved.
The special committee which you appointed in Substance Abuse Advisory
Committee contains some of the far most people in Dade County approved
it unanimously. Your planning Department after careful consideration
and full knowledge of all of the facts approved it with a very strorg
recommendation. Subject to certain things which we have already indicated
and are in the rrocess of approving. And, finally of course, the
zcninq commission approved it. rind, they approved it for a one year
reriod which means that it has to go back there to see if we're doirg
what we say we can do. With regards to the question of crime, not
single person has ccne before this board. before the lower board with
any evidence that anyone connected with the Village has committed ary
crime or that in fact the Village has caused an increase in crime. Indeed
you already have one letter from Sgt. Duffie, as you'll note in the record
he refers to the various computer printouts that Mrs. Rockafellar discussed,
T have here a second letter dated November 1 1976, again from Sgt.
clerald Duffie . which I'd like to read into the record. It states tc whom
it may concern I've been employed as a Sergeant of the City of Miami. Police
force for the entire reriod of time that the Village South has occupied
the Seahorse motel. This particular location is in a sector under rty
jurisdiction and I would have personal knowledge as to the crimes commit-
1
et: ll and/or comr 1 ihts rr"'ceivea by the City Poll ce De• ar. tr ent wi ti-.
ertce to that partidW.Or location. jinco Sep. tember 1975, I have
personally received nor have any complaints be brought to My
eation with reference to the applicants/ and or operation of the
illage South Program. During the same period of time I have not had
_fly occasion to investigate any individuals residing at said facility
pertaining to any criminal activity in the surrounding neighborhood.
'ow, thats the man that knows the acts and I think those are the
facts that you have to rely onif there's a crime problem that has
trot been pinned down to the Village. As regards to lower the property
values you may recall the stud.es preceded your ordinance. It was .a
1973 study done ky the Planning Department and it pointed out that the
residential facilities made good neighbors to the residential areas
that they were located in. We have already rresented and they are ir.
the records several studies done throughout the nation which clearly
show that there is no showing that there is a lowering of property
values. So again_ the facts refute the fear. Finally, as far as tlea
question of whether these people made good neighbors we already have
the police report that there is no crime problem emanating from the
Village South. Yow. we've asked these people on several occasions al_
least twice of tells specific request of the zoning commission to core°
and look at us. Cur place is opened to them. We had a barbecue ir.
which all of the neighbors were personally invited. Mr. Gissen went
around door-to-door and two people showed up for that. So we are
still opened to them. We'd love to have them come in. We'd love to
be apart of that neighborhood and I think on that basis if they come
over and look at us and see the kind of operation we have its very
clear that we're an asset rather than a --- to the surrounding commAnity.
Mr. Ongie• Five minutes nr. .Rayor.
Mr. Alan R. Dakan: ':'d like at this time in response to ;ors. Rockaf_llar
point with regards to the locations of the various centers to introduce
very briefly Mr. Ale:: Miller, who is the Affiliate Director of Dade
County Comprehensive Program. One other point before I do that. tle.
Gissen asked me to ;oint out that since the articles indicating some
'questions for fending. 41, , before the zoning commission, the people
from the state and local or.erations who funded came and testified or
either by letter or telegram or personally and were wholeheartedly
behind this and since that time we have received the funding. All
thos? problems have been cleared up, so thats not an issue here. 3ut
as far as the question of the actual locations. I'd like now to
introduce Mr. ;tiller to give you some statistics which I think are
very important.
Mr. Alexaner Miller: Affiliate Coordinator Metropolitan Dade County
Comprehensive Drug Program- office is 7805 N.E. Miami Court.
Father Gibson: Let me ask a question. Don't use this against his
time, :•lr. Miller you represent the County:
fir. Alexander Miller! Yes sir.
Father Gibson: l-ow many facilities do we have in Dade County, whet:ler
its in the city or in Coral Gables Or.„ , how many total facilities do
we have?
?.r. Miller;
rather Gibson,
athex Gibson= That yo i awe V at r y have s IT1@
mr. miller: I work with the affiliate programs.
NOV 1 t i�f
f16
An, :;o thc'ro orr, ni nc t-,,on Lh.it ` .a k}u>.•: dbou:
• tijTes. s1.t
a tht)
i" a the`
Are ail of them located where?
16cated all over the Couty t
Tht9y are?
d like to run dbtm .:
'ache,- 6.ibson. Wait a minute. you're going to need my vote now, you
know for this. Although I'm going to be voting one way or the other.
so T better get my head straight. Where did you say all of them are?
Th,>y're all over the county, sir. They range from
Naranja, two ero;rams in Naranja, all the way uy to North Miami, Miami
Beach and east and west.
Father li.bson • I see. All right, i' ll ask further questions, but 'I
want you to do your thing.
fir. Mille Well. my thing is sir to surtort that the Village South
is a sub -contractual agency with Metropolitan Dade County. We have
A contract with them to provide services to drug abusers in a residential
setting. To date that contract is in force. This grogram is reviewed
by the State of Florida drug abuse :rogram and indeed its licensed by
them. That is the first review. Before the county, state or the federal
government will fund them they have to be licensed by the State of
'lorida and that is i resently in force. They are also monitored and
reviewed by the Natonai Institute on Drug Abuse and Dade County. There
are various agencies that reviewed and their performance has been within
the limits of the contracts and has deemed themselves as a very good
grogram for drug abusers. Dade County needs this l•rogram. City of Miami
people of this community need it. I'd just like to go into some of the
things that ,were said and I come here and I hear some mistatements and it
bothers me. "e have the family life center which has 43 clients and its
located at 164th .3treet N.W. 32nd Avenue. We have a grogram called
Community r utreacn Center(3) in the City of North Miami. "le have a•
erogram named Genesis outreach in Naranja. We have a residential program
in Naranja named :iedi Therapy institute. We have a program jointly funded
by the National Institute on Drug Abuse Dade County and the City of Miami
Beach called Crerati.on Re-entry its located on 3602 Collins Avenue, Miami
Beach. There are numerous facilites and a large number of clients all
over Dade County. So. I come to you for a program. It is doing an
excellent job that is in a location that is necessary for the rehabilitation
of the clients in that i-rogram. It is necessary to re-intergrate the
reoa-le into society and you do that not by putting them out in the woods.
but you work with them. You re-intergate them into society, you tell them
you work with them to get their heads straight to get their problems
solved and you send them out and you tell them to get jobs. You give them
counseling y-u give them placement and they have to take buses like other
}eorle who Con't have cars. They're not allowed to have cars, They don't
have money to have the cars. They have to take buses. They have to
look for jobs. Its not given to them. They have to be in a situation
that allows them to be close' to the society which they have rejected and
the society has rc:jcted them. We need to re-intergrate them in fact.
n n-_'.. I thank you and I hope that you will see fit to pass positively on
th i •, request, Thank you.
'ayor "'erre; Thank you Mr. ^filler. , Next speaker,
r'rgie, 10 minutes remaining.
• Ddkar. All right, at this time 114 like to intro uee my partner•-in-iaw
6
MIME
NOV 1'i i�IL
Charles R. Stack.
Charles Re Stick: ',:'hank you Alan, Centlertn of the Cot mission, 1
h't have much to say. I'rn titwaiii1y to introduce someone else Who
l think will have some words that are far tore interesting than I tight
express. I would say though that I think its very important any time ae
have conflict among reonle such as we have here tonight, that we remenaer
that we are a country who's primary concern is its people and probably
More than that a country who's primary's concern today is its youth.
When I first carte to Miami I. came to a city which was extremely inte._:ested
in it: people and i don't think thats changed at all today with the .period
when the Cuban crisis had just reached its highest boiling ; oint. This
City Commissions to k a Trcgress_ive view tbward the people who were coring
here and they didn't concern themselves too much with the arguments thats
goine to destroy our economy the idea that we have too many ,people here
who won't have jobs and there won't be enough jobs to go around. Mayers
in other cities such as Cleveland and I personally witnessed it Mayor
Celebrese, many of you will remember this rejected the people who trici.
to come in there and establish a home. :;ven Abraham Ribicoff who wa:. at
time a Secretary of Health,Education & Welfare and I witnessed this tc,
told the Mayor of this city that you folks were in for a rough time.
'you're going to destroy your economy. You'll have too many people anc
not enough jobs. Well. I think we've all seen the benefit that have been
derived from helping thesr? people the way this city has done. And, the
way the country really extended itself, but particularly this city. P;ow,
this program that we're talking about is not a private enterprise ty2e of°
situation. In fact, its the only one I've ever appeared here on that.
-wasn't. This program is designed to help people. Its not designed tc
'help me or any businessman in this town. The person I'm about to in tr educe
to you rose up the hard way in this program. He didn't go to some t_rpe
of srecial college trainin,7 that offers degrees in social medicine or any-
thing else. He at one tire, perhaps, as recently as five years ago was a
-drug abuser. His story could take the rest of the evening to tell you
about it. Today, he is the chief, the head director of this entire ..program
and with that slicrht description, it gives me great pleasure and its a
and I'm really proud to introduce to you, my brother-in-law. David
Levine. (applause)
Mr. David Levine: I live at 9501 S.W. 15th Street. My job is the
Director of Clerical Services of the Village South. I don't think t:icre'
much more I can acid to what's been said today, except that some of the
implementations that the people opposing us here are trying... they seem to
,be a little out of line. The fact that young ladies move out of nei',Yaor-
hoods because they're going to be assaulted by drunks and drug addic-.:2 is
completely misconstrued. We get our clients from the center intake :.:agram
which Alex miller. represents. They' ran properly screened. They give t.'iem
medical examinations. They come into the program. They have to show lots
of motivation, to get themselves together. I personally, along with nv
staff, who I think is one of the best staffs of any program in this-e.'ty.
have taken it upon ourselves to work very hard to structure them to ;eve
them recreational programs that other facilities along with other proc rams.
,And, to try to re-establish the lives that I know that myself and a lct of
other people here are entitled to. And. I just employ this forum t. grant
us the opportunity to stay there. Thank you. (applause)
Mr. Dakar: Mr. Mir. and members of the Commission. I think that
pretty well state:: our position on this. I think you can see that the
facts certainly justify the need, it's obvious, and if you cion't believe
there's a need, all you need to do is go over to the 4th floor of the
:rl m' Dal Tu t:.ce 4''141dinq hrld That will tell you what is known. I tn:'i1':
you should know tco, that yc.ur lanning Staff will 7eJ.I you and r• 'I tier
will also tell yOL that this ''?rticu1r loca,Lion sits right in betwe,n-.. two
of the highest barriers in t of drug crimes and I think other erir• s
in the entire city, and that till t .gbest. , ercentage of crime in Dail ,::c inty
64
is in thAl city;
`a
As far as
Ad from a human standpoiht is concerned) I 40h't think anyone says
tine eloquently than Mt, Jose Mendez, who is the Chaitffitn of the
irtt pity Action Agency at Wynwoodi and I'd like him to clone for US : e-
tusk I think he can say it as best as anyone.
Mr. Jose ;Mendez: Thank you•Mr. Mayor, Commissioners. I don't know if
anyone of you... 265 N.W. 29th Street. I don't know if anyone of you
have ever concerned yourself enough to even visit a facility out of the
City of liam' }and I'm talking. not about programs that were mentioned
here today, but I'm talking about 1rograms such as the State School that
_ S in Okeechobee. How many of you have ever been in Okeechobee? I'm
`sure that none of you on the opposition side have ever been in Okeechobee.
But I have. T have been in Okeechobee because I'm curious to know how it
is to travel 125 miles to see a child that is in need to see someone on
Sunday and I have traveled that distance not to see my own son, but I
have traveled that distance to see and find out where the rroblem really
is. Let me say this to everyone of you I represent the Wynwood Community.
Tn some of the programs that some of you are aware of. One of them
being Community Development. The other being Community Action Agency.
For some reason or the other many of you react when the crisis arrise.
And. let me. tell you this for whatever its worth. The Wynwood Community
Meet every month in all these different programs at least twice a month
and some of you reolle that are very much concerned about whats hap}.ening
in the city of Miami. :,erhat. s you sho'.ald be narticirants of those three
and four hunlretl reolle that have been coming to these meetings on a monthly
basis. Perhaps. you can involve yourself from the beginning and not at
at the end. tie rhal s , in the future there might not be any need to come to
the City of Miami before this body and iron out your problems. Perhaps.
you can start thinking of ironing out your problems with the grass roots,
with the community level the same way three and four hundred people have
been doing 1 don't know how many of you in here can call a meeting
and get 3 and 40G people from that particular community in one meeting.
�n 1, let pie tell you you can check this out with the city and you ca
cheek this out with the county. Today, we had the greatest participation
anyone ever had or any grour ever had in the Wynwood Community. The
reasons we try to get everyone, not just one day a year, not when the
crisis arrives, but we try to get everyone involved on a daily basis and
I submit to you.'ir. Mayor and Commissioners. that I have asked some of
thew- very same individuals that are opposing here the idea of Village
South repeatedly I have given them leaflets in English. I have given
them leaflets in Spanish. I have talked to them personally to involve
them in that community and not in a situatio. like this when the
crisis arrives, but to involve them on a daily basis, at least
on a monthly basis. I'm saying to your on behalf of the task force that
re'.r-esentythat we need Village South. I am not sheaki.:g as an individual.
I'm speaking as a representative of a community that I got elected from,
and as such, i ask this Commission to approve Village South. Thank you sir.
Mayor Ferr—: T assume that concludes your presentation. Thank you very
much. We will give the other side time for rebuttal an3 then we will give
you some time for rebuttal also.
Mrs. ock i fe 1l ar • Mr. Mayor it was interesting to hear the young man
tell about how thes facilities are located all over the City of Miami,
I ;wean all over. Dade County. They're all over the City of Miami , I'll
agree. He renresents Dade County. This directory I have here came from
J ;de 0o4nty Department of Human Resources,
,4a,7or Ferri; That's what he was reading from too.
Mrs. Rockafe11=:r• There is one. I'd like to have him show me where
they're all over.,. there is one at Naranja at 16400 N.W. 32nd Avenue,
There is one at 27200 Cold nixie Highway. There is one at 14857 N,W, 7th
Avenue. It doesn't say in here there's one in Hialeah. there's one in
65
NOV 171971,
0
deral Gablot. There's one on Warn' _.;e(-2h. The la one in ,:oconut
H6rOVe which is part of the city (et' niami. Tt does not say there
ahy ih here in North MiaMi, or tlorth Mtami }each or Miami Springs tr
MieMi Shores. or any other tunieii,eliey in the 'it' of Miemi. TheSee
thtom thAt [ read °a to you arr. th o only ono4 Lhit. ore hot listed ie
City of MiamiNow. he also read a fetter from bee pellet officer.
eIn talking to Lt. Flemirg, when he br-ught this out to my home. he wets
kind enough to deliver -- this goes on and on es you can see how thick
it is, T asked him if there were one or two rolice officers that were
involved in most of these calls and could be here today. He said,
'Mrs. Rockefeller this goes around the clock. The car numbers thc
rolice badges are all listed on this report. Now this is a compute:int out. This is not made ur. This comes right out of the City o
Mimi Police Department. This is c-mputer rrint-out on the calls that
they've had in this very area. Richt in here. Now. he also mentioned
the fact that back in 1973, something about the zoning that said thee.
this did not affect the property values. This is 1976 and how many of
these facilities have been moved into the City of Miami and esrecial:_y
the north east since 1973 and 1 think we have presented a fact. Now
we are not and I say this again7 opr.osed to drug abuse facilities.
/
We are not we think they are very valuable and these young ;aeorle raed
them. We ar- oprosed'as you yourself :iayor said and Rev. Gibson - w,
are opposed to te City of Miami becoming the dumping ground taking cur
property values down, ruining your tax base here, where you have to raise
your taxes 9% in order to make up for this, - this is what we are opposed to. ee
think they should be equally divided, in all the other municipalities
in Dade County plus the unincorporated arca. This is all we're aski g.
Tell th m we've had enough, we've taken our share. We've taken them
'all exec -et three h-rc that arc in the county and one in this city. 1
won't try to pronounce it again Commissioner, but anyway, there is
only three th:;t's ii-ited in this directory that was put out on June c.,f
1976. So. again WQ ask you !;,lease rcl;resent the citizens that we go
and ask to reereeent the ,City of in denying this. Tell them tLat
they probably have a fine facility, but locate it some Flace else in
Dade County and give eliami a rest. Thank you.
tr. Alan Dakan: Mr. :.layor, members of the Commission. I failed
completely to understand the logic of the argument Mrs. Rockefeller
eresented. It seems to me that the question is what causes prorerty
yalues to go down if thats the problem. The answer is crime. What
.causes the fear that they have, the answer is crime. There is nobod:-
that diseutes th;:. We're not talking about drime here. We're talk:rig
about rehabilitation. We're talkie about a organization that ruts
through it very euccessfully 274 some odd people a year on the averace
that has a high success rate that the state and thecounty, the city of
miami people will approve. We're talkilg about something that takes
people who have been drug pushers who have not been able to cope wit
society and rut them out into positions of resronsibile contributing
people in this community and I think thats the real key. There 'e not an
iota of proof that ny of the people that have ever been involved,
caused the rroblems that these peorle discussed and if you don't bel:eve
that all you have to do is look at the people that are in the prograre
and they're sitting right out here and you haven't seen them today
anything other than th2 most proper citizens and thats all we're telling
about is traininc people putting them back into society. Your ordinznce
and the study that goes behind it says you should put these things wlere
ethey can get the jobs, where they can relate to the community. When:
they can get transportation, where they're close to the are s
:where the crime is occurring and this is exactly in that position.
meets every one of those criteria. ::very board has said that this is ,n
Outstanding operation and ail that we're asking this :Commission to dc
is to follow the lead, as ic nes in the rast,to put this in an aree
where it's best seited, where it will be an asset to that community ari
i think as time goes by Lhey'll find that its an asset to this commurity
and if iA noto year from nOwlwhen it c-mes back,you can throw them txt.
So, on that basisiwe simply say that there's been nothing shown today that
66
NOV 1976
`
in any way alters the decision which was wrought after two very long
clearings and I respectfully submit that this board affirm the decision
of the Zoning c ftflXttission. thank you.
Father Gibson: I want to ask you a question counsel. I want to talk
With two people. I got two questions I want to raise. That gentlemen
who stood up there representing ... I'm a little concerned about what
he said over against what Mrs. Rockefeller said. You know, black and
white don't lie. I learned that earlier. I had to live with that 61
years, that's how old I am. Black and white don't lie, she was read-
ing off the book and he was reading off the book. And, since I don't
have a book, I don't know who to believe.
Mr. Dakar: Ok, Mr. Miller could you come and respond please.
Father Gibson: Sir, are you refuting what she said, I mean, look, I'm
only trying to be intelligent.
Mr. Miller: I understand sir, what I was trying to
right, if you'll look on page 10 of the booklet that you have in your
hand, you will find a program entitled - 3rd one, Opa Locka Youth
Counseling Program.
the situation
Mr. Plummer: Excuse me, just so we'll understand as you go through
this process, is that a drug rehabilitation?
Mr. Miller: Yes sir it is. It's not a residential program, no sir.
Mayor Ferre: Well, I'll tell you as you go through , why don't you
tell us which are the ones that are similar to this one.
Mr. Plummer: That are both residential and drug.
Mr. Miller: In terms of residential programs only?
Mayor Ferre: Well, you know, just tell us whether they're similar or
not. See , I'll tell you one of the main points is that all of these
facilities end up in the City of Miami. The natural question then is who
are the people who are the beneficiaries of this service. Nobody's
questioning this service. That is not -and I don't think anybody here
has brought up that question today. The question is are the benefici-
aries of'this service residents of the City of Miami?number one.
Number two, does the county make -- you know there's a million and a
half people that live in this county in which 350,000 five in the City
of Miami, which is the minority. So, the question is -- and I don't
think I have to go into a big sociological explanation that drug abuse
affects all races, all religions, all sides of society, whether they
be rich or poor, or come from white or black neighborhoods, or Spanish
speaking or anything else. So, I'm sure the drug abuse is pretty well
evenly distributed throughout wherever people live. So, the question
is if out of a million 500 thousand people that live in the community
(there are 350 thousand th t live in this particular community which
is about 20% of the total, ...do we have 20% of the program or do we have
a larger proportion,that's the thrust of it, basically.
Father Gibson: And, Mr. Mayor, while he's answering....I see that the
head man over there,...I saw him shaking his head. The other question
l wantea,why..I wanted you - you know- to tell me all the people who are
from the City of Miami is hogwash, they now live in theCity of Miami,
but I want to know where were they living before they came to you.
That will be enlightening, ok. I'm through.
Mx:.. tiller: That's an interesting comment sir, because I happen to
have a report that we put out through the evaluation unit and I didn't
come today to lay statistics on you, but we have approximately one-
third of all the admissions to the comprehensive drug program, which
repreLients all programs in Dade County, coming from the City of Miami
upon admission and the information is available for you if you so desire.
(�� NOV
don't Chow, I dealt Want to talf, aoout e"e ythi�1tt . but we have
pr0gr'&me Where you talk about similar programs. It1s very hard Mr.
Mayor and Mr. CoMMissioner to say similar programs, because we have
Day (dare programs, where the individuals are there from 8 in the
rnbrning until 11:00 o'clock at night and they don't sleep there and
they file the sane kind of drugs, is that similar? I don't know. I
have a program called "Here's Help". 1.65 one of the largest progratt,g
in Dade County, .. in this St:'ste. There's 263 clients. Itls located
14857 N.W. 7th Avenue, Administrative Offices, they have their
residential at 151 St. N.W. 27th klvenue. .... Naranja is a residential
drug program. LI: ha •-; 43 residential clients. There were some other
Ones that I didn't name, and :so I don't want to, if you just want
residential, if you just want similar ones we could go into talking
about the kinds of drugs that are used.
Mayor Ferre: Mr. Miller., look,'I don't want you to become defensive
which I sense that you are and 1 understand it. Let me tell you
something and I don't speak for anybody else but myself. I personally,
have been committed for the past 10 years to drug rehabilitation. I'm
not trying to put any plaudits on myself. I just want to state for the
record and for you so that yfo a' re not so apprehensive personally, that
I along with Mr, Walker were the ores, the two of us went down to the
United Way about 7 or. 8 years ago to fight for funding, which was
rejected year after year and we were the ones responsible for havinc,
the United Fund finally, United Way now, the United Fund then, finally
opened their eye to the ispo:tance of the need of this service in this,
community. I was personally involved Ln that whole process. You may
recall. I don't know whethe:': _': you were in the community ac that time
but it was subsequent to that that we had meetings. As a matter of facts
in my own office, with Rev.. Iia. rison, and I think even Matt Gissen was:
involved. In fact Matt Gissen was the guy who put it all together , nd
it was from those meetings in my offices that there was finally some
response by the `ourste, which i is where it belongs. And then, there v'as
that whole rigamarole of competition between Hal Tennis and you remember
all that stuff as to who was 9oing to what and Mrs. Macdougal, she
wanted this and the other didn't want it and all the fights that were
going on and I want you to know that I personally have visited a
half a dozen programs, myself, on my own time. I served with Dr. Ben
Shepherd and his Advasory Daard for three years before I became Mayor.
I've been deeply involved in that program. I've been many times to
"Here's Help". I was one of the originators of that program, when is
got started 8 or 9 years ago. and I'm trying to put any plaudits. a
just don't want you to feel defensive, that you have a group of people
here who just don't care about drug rehabilitation programs, ok.
Mr. Miller: Where do we go from here?
Mayor Ferre: Look, without being defensive about it and this is a
honest and sure question. We're not trying to put you on a choppine
block and/ you know, chop *you down, and once you say this, yea, but, ar.d
come down on yot:. You have to understand the concern and I guess I
might as well make my little speech now and I promise you it won't
take more than two minutes to do it. If you forgive me for interruat-
ing you. Time me.
Mr. Miller: As long as I get time after that.
Mayor Ferre: You got all the time you want. This City Commission Like
any other legisLative body eci.a.:l.y when it deals with zoning matters,
every single tii et We iaa 4'+ i vel' V important cnings to consider: cn,.
of them is the ::lght of people, citizens, who pay taxes and live in
the community, and I i.i:i.;i« T ; s,.:k? 1Y » is eye it or they wouldn't be here, t i
have a right to live ih ; era .t. in their neighborhood, where when you
get into residential areas,lose people they have a right to live in
what they consic.er is the k .r:d Of neighborhood that they want and 'r.c
live in peace it that. neighborhood, Now, you know, its the old story
6S
Nov 1 ". 37 6
`e
gut yea, 1 want the highway, but I don't want it going through My
aighbbrhood. Yes, I want the school but I don't want it in my
eighborhood, because I don't want all those little kids coning around
1 creaming in the morning or when they get going, you know. Yes, I want
the Drug Rehabilitation Program, but I don't want it in my neighborhood.
'that's human nature,and people have a right to say I want the integrity
1 don't want a commercial area. I don't want an office building in my
residential neighborhood. They're entitled to that protection. On the
other hand, there's a question of society as a whole, and the rights of
the community as a whole, who also have rights and sometimes the rights
of the community are more important than the particularly rights of the
neighborhood and this Commission has infringed, in my opinionyand I voted
for that infringementyto superimpose the right of humanity, society,
mankind if you will over the particular needs of a neighborhood. On the
other hand,there have been many times that this Commission has ruled that
the rights of people to live in a neighborhood as they want is paramount
and more important than the rights of a particular program. This Comrnissio
has not come to a judgment on this yet. So, when we ask questions about
this1we're asking you sincere questions so that we can- so that as you
answer you help us make a decision. The question to you and a simple
thrust of the question is if we in the City of Miami give you one-third
of the clientele, do we have one-third of the facilities,reasonably
speaking,without getting into the definition of what a methadone clinic
is vs. a self-help vs. withdrawal vs. other medications, vs. variety
of programs,and I know that you have 26 programs and I know that there
are no two that are in anyway similar. They're all different. And, I
recognize that, but if you understand the thrust of what the question
is, you know, yes or no, as simple as you can make it. Are we carrying
an overly amount of these clinics, units, centers, rehabilitation faciliti
within the boundaries of the City of Miami?
Mr. Miller: No.
Mayor Ferre: In your opinion we are not. In your opinionlit is
evenly distributed around the community, so that the burden is not in
the neighborhood areas of the City of Miami.
Mr. Miller: I don't believe the City of Miami is carrying an undue
weight. To go beyond that Mr. Mayor, it goes into questions that you
have passed over and would be very difficult to answer.
Mayor Ferre: Ok.
Mr. Miller: Its not a simple question. You cannot say that just
because a program is therelthat that represents the clientele from
that city or from anything, you cannot go into the details. I would
refuse to answer that. I cannot answer that. I don't believe that
the City of Miami has an undue burden.
Father Gibson: I'd like to ask a question. It might not be relevant
but it sure will enlighten me. How many of the people here -- telling
me man, you vote for this. I'm talking about the lawyers and the
doctors, professors, social workers, how many of you live in the City
of Miami? I'm talking about the professionals now, they, I have to
depend upon their expertise. You see, what I'm... let me say for your
benefit sir, I now live ... I get very disturbed that I/31 years ago,
cast lot to come to Miami , I left a community because they made the
mistake, very fashionable church, 80% influential and you know
what they made the mistake of telling me that there were no poor people
in that church. This is the first time I ever put this in public
record and I say well, you better get you another preacher. Just like
that131 years ago, I went to the Grove. And, you know what I want to
say to you what I said to my fellow Commissioners about a month ago,
when I decided to build a home for retirement I decided to build it
6)
ahkiih Avenue, a661, :,:ighi: in the heart of the City of Miami. I
didn't de like some people who swore that... you know, Y want to get
something better, ... all that jazz they tell me, you know what/
Mat, I cant sty lot to improve Miami and I hope everybody understands
about me. You're talking to a guy who has that kind of commitment anc.
Who has that kind of conviction and incidentally let me add this, I'm
a clergyman and I'm supposed to be on the side of the guy who needs tc
be brought up, but 1 also want that guy to make a purposeful intent
that he is going :o change his way of living brother, otherwise, my
preaching gets to be in vain. You understand what I'm talking about?
For my heart's heevy. i have a conflict of interest. My commitment
by a virtue of a •s.row- nakea me. It comes a time, man, there's got to b
some decision raak:wng. That's why I ask these questions. I just believe
that we in this cty, the city fathers, We're the City Fathers, whatg.er
that means. we have a responsibility. Pretty soon all the people leave
u8 and we won't need no city fathers.
Mayor Ferre: Let me paraphrase .that, if I may Father in my own
interpretation, bt:cause I think7becomes an important part of this wh•Yie
thing. I think what Father is saying and„I just want to relate to ya.:
a little story abet my friend, Scoop Jackson, when he was running for
the nomination and he was up in Massachusetts, we were talking about
bussing, and before I say this I want to say that I happen to be a
believer like Governor Reuben Askew in the wisdom of bussing. Now, I
know that's not very popular, but thata what I believe. Now, Scoop
Jackson was against bussing and he said so, : d he was in a debate in
Beaton and Moe Udhall and all these people, they popoed this whole t.trzg
and they said, well you know,,,bussing,and he said let me ask you a
question, he said! now I've got two children, they go to public sch xl,
where do your children go? And, Moe Udhali and a great liberal and .::1
the others, they 1,ad to, kind of lower their head, because they were 1:1
sending their kids to private schools, see?so well,/ guess Scoop Jaaleln
was saying, well, look if you're going to preach about this, you knew;
so I guess, you know7you've got to; so. is that a good paraphrase:
Father Gibson:. Mn..aYou're hitting the nail on the head for Theodore
Mayor Ferre: See, and the point is you've got to put yourself in tr.e
position of the people in that neighborhood. It's the old story abov.t
yea, I want the highway to go through, but I don't want it going throigh
my neighborhood. See, this is nothing but the old story,...it's
nothing new.
Mr. Dakan : Mx. Mayor, in very brief response, I think in part to
the original question,I have here my copy of the 1973 study done by
the Planning Department on Drug Abuse. It has a chart in there and 1
think it answers to a great extent the question of who is affected en.
what benefit this would have. This chart shows the number of drug
arrests during 1972 and I've tried to locate approximately where the:
Substance Abuse, this facilityy is and I think the chart very well spe iks
for itself, ...the need for this facility. I'd like to just pass t:►i 3
around since I only have the one copy. I would submit that althoug: :hose
statistics are old that you would probably find, if anything, that there's
been an increase, a general crime increase in Dade County being whir. �t
is.
Mayor Ferre: All right, are there any other questions or comments <<t
this time? I'll tell you so you don't get angry at me,I will not rec-
ognize anybody that repeats any statement that's been made before. C;o :
if you got something newsl recognize you sir.
(UNID'.'.NTIFTED) : Mr. mayor, and Mr. Commissioners, I'm sure I voice too':r
opinion and the opinion of the Commissioners that there's no quest .e-n
that there is anybody here who doubts that this Program is a worthwhiie prograM
and _ts badly neeed. The only question Caere island I think the
N O V i 1976
O':icrsitL•)f .1; Lon fusing the issue.... Is rignL lor 1L°,
Whether We should be concentrated in this area, they are not talking
about that. They say how ... how we need it and I agree they May steed
it, very badly. but do we have them concentrated in one area, that'll
the whole question before this board. Thank you.
Mayor Ferrel All right, yes ma'am. Don't get angry at me if 1 rule
you out of order. Remember what I said.
(trtir .i'iil'iED) I'd like to the last gentlemen that spoke and said
nobody was interested in the Wynwood Area. I was there, a group of tis
that went from a meeting. We went to that Wynwood Area. First, we
started out by -- after we saw you. I was with the first group, then
we decided we'd go to our local neighborhood community center, to we
went to the Wynwood Area and we spoke to the lady there. They're
supposed to have an attorney to represent us. So, we went there a
few times. A group of us went there. No attorney was ever there. Well,
that just faded out. Nobody paid any attention to it. Then, after we
went to this meeting, we went to the Wynwood Area. We went to the office
where this lady was that took care of it and she said, well, why don't
you come to the meeting that that gentlemen spoke about. So we all went
there, a group of us went there, we signed up, they have our names to
prove that we've been there, and when we went there we sat inside and
the whole thing all evening was Spanish. Cuban, and we thought at some
point they would say something in English, so this lady sitting right
next to me that's in charge of it, and I said, well now when are they
going to say something in English. She said, don't worry, she said,
they will eventually. Well, 1 think we stayed there over an hour,an
hour and a half and we didn't didn't understand a word and we excused
ourselves and that was the last of the Wynwood Area. So, don't let it
be said that we aren't interested because we were there in full color
and we were interested and we're interested now. We're property owners
and we care what happens to Drug Addicts. We're interested in what
happens to us. We're human, we're humanitarians, period.
Mayor eer-re: Thank you ma'am. Thank you for making that statement
into the record.
(t NIDENT:LFLLD) s Your honor, this man keeps saying, that there was no
crime, there was no crime, I would like to call on Mrs. Bruno, and
have her answer a question or two for your information. I would like
to ask you a question. Where is the break in in your neighbor's house?
Where did the police call? Did they send in the dog? And, two young
men came out, the police said where do you live? What did they say?
Seahorse Motel, at that time it was occupied by the
There was never so much crime in our area, then it was at that time
when they first Moved in. Of course, its quiet now, that has been
brought to your attentionon previous occasions,.. but as I have said
before, what are we to expect if things go in their favor, its frighten-
ing.
Mayor Ferre: All right. Thank you very much.
Mr. David Levine; One of the things in response to the fact that the
City of Miami is saturated with programs like this. We don't go out
and recruit people. I get calls all the time from the school system
requesting us to go down. They give speeches on crime and drug pre-
vention. I get calls from the D.O.T. ward to help people out of that
area to place there someplace rather than put them back on the street
where they commit crimes. I get calls from every organization in our
area, asking us for assistance, advice, advice on prevention,
if there was so many programs around and the place was so super saturated
with programs I wonder why I'm getting all these calls. This service
that we provide in this community is very necessary. People are coming
to us constantly asking us what to do. The police bring runaway child-
7..-.�, z.o our facility. ask us to hold them rather than put them in an over
NOV
crowded detention center down at youth hall. We are definitely a
service to the Miami Community.
Mayor Ferre: All right, thank you very much, Mr. Levine. Is there
anybody else who wants to make any statements?
Mr. Jim Hoag: I'm the Director of the Treatment Center. I won't, get
Mad at you, and just to say that the incident, the number of incidents
that we've been aware of in our community are in the community circle
a number of times one of my staff members just said to be about we've
Made the call ,in lieu of the fact that a break-in has been taking
place, my staff has made the call for the police to come. Graphicallt~
a lot of us aren't from the City of Miami, but I myself go down to the
Dade County Jail and recruit 75% of the prisoners that have been arre::;ted
in the City of Miami to come into our program. And, I remember somebody
said something about no place to play, no place to runaround and what
not. A lot of the clients feel the same way. We have a pool, and we
have a central location and I'm pretty,,,I think behaviourly, and rec-
reational we can facilitate most of their needs and to end,/ would like
to say that I've heard so many people say that they're afraid of the
crime in the area and the depreciation of the property, but thanks to
us we'll prevent it.
Mayor Ferre: Let me ask you a question, because I don't know whether
I may have heard this wrong, did you tell me that you go down to Dade
County Jail to recruit for this program?
Mr. Jim Hoag: I go down for the Task Program and I speak to prisoners
myself, through the Task Program and interview clients coming into ou::
program'in the Dade County Jail, yes. They call my name when they nes
me walking by from the upper tiers- Jim.
Mayor Ferre: Ok. Thank you. (applause) Are there further questions„
Members of the Commission, if not then what is the will of this Commission?
Everybody wants to go to heaven, but nobody wants to die. Well, I
think the Commission has to either accept the recommendation of t..3
Zoning Board or it has to deny it. This is an appeal. The Zoning Board
decided to grant a conditional use. A vote was 4 to 3. Four were i_.i
favor of the grant. Three (3) were opposed. The Planning Department
recommended approval. Now, we have to either concur or disagree.
Mr. Plummer: Well, Mr. Mayor, I would disagree with your interpretation.
I think based on an appeal if there is no action, then the lower action
stands.
Mayor Ferre: Mr, Knox?
Mr. Knox: That's correct your honor.
Mr. Plummer: Thank you sir.
Mayor Ferre: So, if this Commission does nothing, then the ruling of
the lower , so in other words, now follow me, with what Plusmer's saying.
If we do nothing --
Mr. Plummer: That's what the attorney said.
Mayor Ferre: WhEt the Attorney said, if we do nothing here , then ':ha
lower boards recommendation of approval stands. So, we must, if you
want to go with this, then you don't have to do anything. If you wars
to turn it down, then you have to make a motion against it. Well,
obviously, if the Commission does nothing then obviously there are
four members of this Commission who agree with the lower board. That's
the board itself.
/2
NOV I. 1976
Father Gibson: Mr. Mayor, I Want to vote to disagree with it.
Mayor,?erre: All right, then, gather Gibson makes a motion to deny
the &oning Board's decision,to overturn the Zoning Board's decision
to grant a conditional use to Village South, Inc., is that correct?
All right, there is a motion on the floor, is there a second to that
Motion? Is there a second to the motion? You cannot second it
ma'am, it has to be a member of the Commission.
Mr. Plummer: Mr. Mayor, 1 would hope
a speech and I guess I still will. I
for the purposes of getting it on the
the motion.
that I would be able to make
've been quiet every since, but
floor Mr. Mayor, I will second
Mayor Ferre: A motion has been made and seconded.
Now, a reminder, that we need three votes, one way or the other.
Mr. Plummer: I'm well aware 2 to 2 means a denial or no action which
means it was turned back to the...
and truthfully, it doesn't concern
entitled to his or her vote and so
ion.
I'm well aware of that Mr. Mayor
me. Each person in this chamber is
be it. We have to vote our convict -
Mayor Ferre: It isn't for your knowledge that I made that statement
its for the knowledge of the public. So that they understand what's
going on.
Rr. Plummer: Thank you sir. Mr. Mayor, on the discussion. It's extremely
difficult for me to second that motion. and vote in favor of it. I'm
going to tell you why. I have seen the Village South Program. I've
seen it first hand and I think its a damn fine program. I think the
thing that is wrong is that they're cramped, cramped, they're really in
tight and I talked to Matt Gissen , 8, 10 months ago for the possibility
of maybe just using that for sleeping accommodations trying to get another
place somewhere else and I'm sure Matt tried. Tried to have the program
somewhere else, but Mr. Mayor, all of this rhetoric which we have heard
today on both sides this item first and foremost is that of zoning. Is
it good zoning or is it not? If you'll go back to the time when we,in
fact this Commissionyinitiated the possibility of drug centers appear-
‚ ing in other than at that time R-4 or higher classification. I voted
in favor of allowing it on conditional use. That meant that yesfin some
areas in a lower zoning it would work, others that it would not, and I
think this is the case, his point. This is the key case in point.
When T look back and this gentlemen spoke about Day Care Centers and he
spoke of them in a different than what we know normally here.
This is for older people. Dade County welfare which has responsibility
for Day care licensing requires for every child, there must be specs,
square feet of recreational area and that is the problem here. They don't
have square footage needed to have open-air spaces to have the environment
to..tn fact which they are trying to return these people to. Because it
is a crowded condition. That i s going to be very difficult for meato
vote against the Village South, knowing the fine work that they do, the
fine program that they have,but still have the respect of the community
and the guaranteed right of the people who live within that community.
I just want to say that for the record. My speech must have been moving
the Mayor left. r'm sorry Mr. Mayor, my speech was not as long as you
expected.
Mayor Ferre: Anybody else wants to make any comments on this Commission?
If not, then call the roll. please,
The following motion was introduced by Rev. Gibson, who moved
its adoption:
MOTION NO, 76y1040
A MOTION OVERRULING THE RECOMMENDATION OF THE
BORING HOARD AND DING APPLICATION FOR CON
OITIONAL USE BY VILLAGE FOUNDATION, INC. TO
PERMIT A RESIDENTIAL SUBSTANCE ABUSE FACILITY
ON PROPERTY LOCATED AT 3055 N.E. 4th AVENUE.
(Agenda Item No. 14-A, November 17, 1976) .
Upon being seconded by commissioner Plummer, the notion was
laaaed and adopted by the following vote -
AM: Rev. Gibson, Mr. Plummer, Mr. Reboso, Mayor Perrot
DOES: None.
ABSENT: None.
ABSTAINING: Mrs. Gordon. Vice Mayor
'Mayor Ferre: in voting with the motion which is the way I'M going to
vote, I want to explain to you that its a very, very tough vote, be-
cause the work that you do is very important. Unfortunately, it creates
a serious perception or problem..and I'm not saying that it creates a
problem Mr. Miller. I don't know that it does. There is a perception
in the neighborhood that there is a problem and perhaps to the public
relations job, I don't know, but I think these people in that particular
residential neighborhood they're entitled to some kind of assurance that
their values won't go down, see you did a great job, you really did.
And, I feel sorry for you too, because you did one hell of a fine job.
presenting your case. It was masterfully done. One thing you didn't
really answer, property values,and I don't blame you, because that's
where the weakness is. I think you have a valid argument about crime.
There is really no proof of it and the statistics don't show it.spec-
ifically,and I think you got a good argument with regards to peers,
thatvalid. I buy both of those arguments. One argument that isn't
;really answered is property values See, property values are not;
determined by anything but the perception of people and its like -what.•
anything worth.,well, in our world, in our economy in this country
something is worth what somebody is willing to pay for it, so we have
a stock market for it. Its not what the books say it's worth, but it?'sworth
what somebody elce says they're willing to buy it for. So, property
values are determined in a similar way and I think these people are
entitled to protection, that I think is required. If I lived in that
neighborhood, I/ire all honesty/would have to say that I would probably
feel that way. Not because I wouldn't want this program, but rather
because I would perceive that it could lower the value of something which
I have a right to and the Constitution guarantees me as a property owner.
A right to life, 'liberty, and property. Now, there's one past queaticn
thaes left in my mind and that is whether there are alternatives. If
there were no alternatives, then, I would say you may have to sacrifice
the neighborhood for the general welfare of society, but I don't believe
that/and I don't think anybody -- and you didn't say that You
couldn't say that because you're a damn good lawyer. You couldn't sal -
that because there are reasonable alternatives. So, I vote with the
motion. And,...therefore, it makes this unanimous. I would like tc
eay/perhaps, I don't know what could be done to help these people out.
but whatever the City of Miami could do in alleviating their transition,
I think we have to be reasonable about it. I don't know what that
particularly means, but obviously you're going to have to sell that
property and purchase another property somewhere else. If we can hell:
in anyway as knows: in that transition I certainly think that you have
the best wishes from tILECommission in trying to help in anyway we can.
All right, thank you very much for your patience. (INAUDIBLE COMMENT)...
You can if you come to the microphone, Sir, and state your name and address for the
record. You may now ask your question, Sir That was not an easy decision.
Me. Jessie aethl.ir.gton: 1 have property at 467 N.E. 68th Street. And.
1 would suggest that the co.Commission please try to help these folks fir:3
NOV
t 1976
All right, I would like to request that this COMMiasioh,
motion, if you will, that we instruct the Manager to
y in staff to try to work out the transition and to See
tan be of help and assistance Since they i .. (tNAUDIBLB COM-
,..who makes the motion?
I'll make it.
I'll second it.
Father Gibson makes the motion. Plummer seeOnds it.
er discussion.
Your honor, we're not unsympathetic with these group of
ere.
Well, I'll tell you what, if you're not unsympathetic
you form yourselves into a committee and show that you're
tic?
Well, what can I do? I mean, I'm involved in so many
for the elderly and my time is limited, but anything that
be glad to do.
Are you telling me that you are interested, or you're
We feel the zoning was wrong...but they have no play
iool is empty and....
That's not my question to you. If you really feel that
-al obligation to people involved, then my dear lady, my
1 to you is to put your words in your heart into action and
d recommend and by that I would recommend that you constit-
into a committee and try to work through the Manager's
_ough Mr. Giesen to help them. If you really mean it.
Well, I feel very bad..that they was misplaced and that
use of them...
Well, then help them.
Well, if I can I certainly will be glad doing anyway I
Its between you and your conscience. All right, there's
Would you call the roll?
wing motion was introduced by Father Gibson, who
'tion;
MOTION NO. 76-1041
)TION INSTRUCTING THE CITY MANAGER Tb ASSIGN ONE
!S ASSISTANTS ZED ASSIST VILLAGE FOUNDATION, INC.
• LOCATION OF THEIR SUBSTANCE ABUSE FACILITY TO
'HER LOCATION.
1g seconded by Commissioner Plummer, the motion waa
. pted by the following vote-
.080, Rev. Gibson, Mr. Plummer, and Mayor Ferre,
Mrs. Gordon, Vice Mayor.
�5
Nov 1'l A976
0
Mr. Joseph Simon: I have p: ope sty :Located at 2561 N.E. 193 rd 'trfet
Setae question has been bdtnerir g me since this whole discussion. Wha;
Was that motel beore the facility moved in and whets its going to be
after the facility moves out?
Mayor f'erre: Mats a good question. bid you ladies and gentlemen in
the neighborhood ;,ear that. question? They all left. The question waF
whets going to happen to that property after these people leave? Yoi
know whets happened to other hotels in that general area.
M::. Mayor, z think the Commission didn't take due notice
of what that facility was before we moved in. But that was a haven fcir
prostitutes and drug addicts, people of the caliber that the neighborhood
is trying to rid itself of and by us moving in they no longer live in
that motel, so ma•ebe ...
Mayor Ferre: Matt, I tell you, I sympathize, really I do. But a dec-
ision has been made. We all feel bad about it, but theta the way these
things are. All right, Father Gibson moves that the appeal be denied
and that the vote of the zoning board to grant the variance be overru:,ed.
Seconded by commissioner Plummer. Further discussion. Call the roll.
The following motion was introduced by Father Gibson, who moved
its adoption:
MOTION NO. 76--1042
A MOTION OVEI PAYLI,NG THE RECOMMENDATION OF THE ZONING
BOARD AND DI..WING APPPLICATION FOR VARIANCE BY VILLAGE
'OUNDATION, INC. TO PERMIT RESIDENTIAL SUBSTANCE ABUSE
FACILITY ON PROPERTY DOCATED AT 3055 N.E. 4th AVENUE.
(Agenda Item No. 14--B, November 17, 1976) .
Upon being seconded by commissioner Plummer,
passed and adopters by the following vote -
AYES: Rev. Gibson, Mr. Plummer, Mr. Reboso, and Mayor Ferre.
NOES: None.
ABSENT: None.
ABSTAINING: Mrs. Gordon, Vice President.
the motion was
Mr. John C. Walker: I still wanted to answer your question, but it
startles me on the 14-A & B. We own a house at 5801 N.E. 4th Ct. We
are fortunate enough to be involved with property with both, two of
the Village South operation. I would say that one of our homes has
been rented to young people that are doing their own program with
no burden to the taxpayers. And, this has worked very successfully
and they were so horrified when the Village South started the program
on 58th Street, on the corner of Biscayne Boulevard, because of the
increase in vanda ism. So there are answers to- just like Father Gibson
said, when the people want to uplift themselves and they have been in
narcotics or in whatever, they can do it themselves without any burden
to other taxpayers, whether it be federal, local level, or whatever and
this has happened and we can speak to that.
Mayor Ferre: Hers, I can't buy that argument. I want to tell you
something.
Mr, John C. Walker: No. 1 au jut saying that this happened in one
of our own particular situations.
Mayor Ferre: I don't went to belabor the point, because we've got other
business to get or_to, but I jus . want to make a very brief statement to
you. Thats fine nor these who can lift themselves up by their boots t traps
but you know theta es=lily a _d, not ea wily done. There are just not tat
many Abraham Lincc-n's that COt.. atom. d and you know if this country 1-.3s
any failing anc. all country :l..ke people have weakness just like they have
sterg .hsi is that wa have not found a way to take care of that poor
76
ore
ideal who just, because God didn't give him the brains or the guts or
the fortitude or the mother and father or the house or the circumstances
to be able to lift themselves up by their boot straps. The poor guy
who doesn't have all those things and who does get involved in these
things and doesn't know how to get out and we have a responsibility as
a society to help that poor man. Ok. No more moralizing on that one.
i.9 i LONT I NUAT I ON OF PI,�BL IC HEAR I NG -
CONSIDERATION OF A ENDMENT TO
RESOLUTION No,74-970:
OPENING IN WALL- ALONG N.
STFL�ORIDA
SIDE OF CENTRAL
DIVISION OF DRIVERS LICENSES,
Mayor Ferre: This is a public hearing for consideration of an amendment
to Resolution 74--970, which prohibits any opening from wall along N.W.
llth Street on the side of the Central Shopping Center at 3875 N.W. 7th
Street. In consideration, its requested that an opening be provided in
this wall. We've been through this at least three times before. It
gets more and more serious every time. Mr. Manager lets start off with
the Administration's decision and recommendations and then we'll hear from
the proponents, including the State, Licensing Bureau, and Florida
Division of Driver's License and then we'll hear from the opponents just
SO we can get the record straight. How many opponents are here? Would
you raise your hands? Now, the opponents, how many of the opponents
live in the neighborhood? Ok. Now, who are the proponents who are here?
Those that are in favor of the opening. How many of the proponents live
in the neighborhood, the immediate neighborhood? (In Spanish too).
Now, how many of the objectors want to speak?
1,2,3,4, how many of the proponents want to apeak? 1,2,3,4, excuse me
for those of you that don't understand Spanish. otherwise we're going to
be here all night. How many of you t'11 asgain in English now, how many
Of you would like to apeak who are proponents of opening? 1,2,3,4,5,
and the lady hack there is 6. Ok. And, we have about an equal number
over here. This is the way we go about this Mr. Davis or Mr. Grassie,
does the Administration want to make a statement on this?
Mr. Grassie: Only to reiterate Mr. Mayor, the position of the Planning
Department. They have studied it more than any other city department
and Mr. Acton has ...
Mayor Ferre: They recommended the opening in the wall. The Planning
Department recommended during the original hearing of --- I'm sorry, the
Planning Department recommended the opening in the wall and the zoning
board by a vote of 7 to 0 recommended the opening in the wall. Now,
I'm reading from your agenda, it says, During the original hearings in
1974, the Planning Department recommended the opening in the wall and
the Zoning Board by a vote of 7 to 0 recommended the opening in the
wall. This item was deferred from the City Commission meeting of Oct-
ober 26, Now are you going to clarify that?
Mr. Davis: Yes, Mr. Mayor, the Commission as a result of those same
hearings in connection with the bank it was.to be constructed there.
Overrule the Zoning Board's decision to have an opening in the wall
prohibited the opening in the wall making a solid wall along llth Street,
this is a motion, which is before you tonight to rescind that resolution
or to modify that resolution if you so wish to create an opening in that
wall.
Mayor Ferre: Didn't we set a time limit that this would come back and
...
Mr. Davis: yea air, that's what we're doing now. Which is where you
are.
Mr. Plummer: Now, theta not quite true. Now, lets tell the whole story.
The whole story is that there was supposed to be certain things that were
NOV 171976
aiippoaed to be done during the incumbent period of time. But, in oth.::r
words, there were certain things that were supposed to be done during
that period of time. At which, when they were completed there would be
a 6 months trial. Now, the obvious question has to be where those things
are done and if so What date were they completed to start the 6 months
trial.
Mr. Davis: Without ge tting into reports from other departments, t will
state that Departments of Public works, City Manager's Office, and thu
Planning Department were heavily involved in the recommendations. I'.1
let them speak for themselves.
Mr. Plummer: Ok. I want to hear from them.
Mr. Acton: Mr. Mayor and members of the Commission. The Planning
Department did do an indepth analysis of the traffic problems generated
by the Driver's License Station and we did make a recommendation go
through the bank and through the owners of the Central Shopping Plaza
about a way to solve the traffic problems without creating the opening
onto llth Street. That particular recommendation is in your folder.
We developed the site plans that would accommodate the -- and alleviate
you know,these problems that were generated by the drivers that had to
take drivers tests. What I'm trying to say is that the recommendations
as far as I know were not accepted by the Driver's License Bureau.
Commissioner Plummer, what I'm saying isthat we have a site plan, which
we think will solve the problem. This was not accepted by the
Mr. Plummer: Mr. Acton, you know, sometimes, I s uess maybe I do get the
impression I sit up here for no reason at all. S very vividly recall
that this Commission made certain recommendations in particular tha.,:
of a traffic light on Douglas Road. In particular of a marked lane
along the back wall. I haven't heard anything about the traffic light.
I see in your recommendation a certain pattern to be formed inside of
the parking area. The important factor in my mind was that traffic
light, now what happened on that?
Mr. Davis: On the second page of your fact sheet Mr. Commissioner,
theta the Dade County Department of Traffic Z Transportation Recommend-
ation. "It is felt that additional eignalization in the area would not
be helpful, but that the relatively minor degree of difficulty in certain
areas of the center could be reduced by allowing accesa between llth
Street and the northern isolated part of the center." They had an in-
depth study on this I understand.
Mr. Plummer: You know what that solves? It's called a cop-out. You know
it's just as important to me and make this much stupidity as the one tat
they've just now put by the DuPont Plaza, so they can't raise the bridge
on Brickell Avenue. When they figure that one out I want to know the
answer to put that light there on the bridge. Now, what you're telling
me is that facts were given to them and they said no and put the hole in
the wall.
Mr. Davis: This was presented to the Department of Transportation by
Mr. Crouch in detail. They spent many hours on this as I understand it.
I'm quoting now second hand. And, this --- that the study that the
Dade Department of Transportation gave report.
Mr. Plummer: In other words, they did in fact look into the putting of
a traffic light.
Mr. Davis: Thats what I understand.
Mr. Plummer; Ok.
Mayor Ferret All
that are in favor
I got my answer Mr. Mayer.
right, I guess the way to do this is
of opening the wall, will they speak
""" Mr. man• those
first?
7 ',
Nov 1'71976
The proponents, yes sit.
r Ferre: The proponents, all right, ao we'll Bear from the p=ai,
tents, why don't we start with you sir Or "oe?
Mr, Joe Kershaw: Mr. Mayor, members of the Commission. i live at
539 N.W. 46th Street in Miami. Do I live in the City of Miami, and
don't vote in the City of Miami, so don't feel that you owe any
I came here because I talked to the Department of Traffic
Safety,• Vehicle Department, and they had a problem and I tried to help
then up there. It all boils down to this. rf that hole is not opened
:fin the wall the hole in the wall, if they don't get the hole in the
tall you're going to lose a testing station its just that simple. I
Work with them, they got a lovely testing station going up to Opa Locke.
The facility in Miami can be carried up to Opa Locke. I know that
there the other citizens in the immediate area may feel - take it to
Opa Locke, but by the same token you've got thousandsof people who live
down here in Miami that must be served. I am particularly interested
in seeing that the State of Florida rendersa service. Now, I've also
found out that there is a lease over there and somewhere --- in that
lease it says as long as the legislators make the appropriation. And,
frankly I told Colonel Kurtland that in the event that he cannot
get the facility to open I will be one of the first to vote against
that appropriation. If you've been reading your newspapers in the last
two or three days, you know Dade County. air& got ---- they'd had some
years ago. It ain't but three chairman of Dade County. Only three
people of Dade County serve on the House Appropriation Committee. I'm
in the same position tonight, that some of you people have been in and
you come to me or will in the future. This is something I come to ask
for. I realize this is a hardship on those people, but I think ----
after its all brought together it will be a greater service rendered to
a greater number of people. There there might have been some agreements
made some years ago not to do this and not to do that, but we are living
in a time that things are changing and they've got to be progressive.
I too was subjected to the same thing about some zoning and I sympathize
with these people, but all I want to tell you people sitting up here that
if they don't get it, you lose the testing station in the City of Miami
and then you've got to take time to get the state group and you know how
fast those departments work. You got to get another to find a location
and then bring about a so that you can have a testing
station down here in Miami. Now, you may think I'm just trying to give
you some hog wash, take it or leave it.
Mayor Ferre: Representative Kershaw is a man who always speaks his
mind, he's always right on target, right to the point. So, we thank
you for representing your viewpoint. Yes sir, and we'll keep time.
If you try to keep your statments short, I'd be most grateful to see
if we could give each side fifteen or twenty minutes.
Mr. C.W. Keith: Director of the Division of Drivers License and Dept.
of Highway Safety. Mr. Mayor and members of the Commission. My prim-
ary responsible and my capacity is to serve the general public. I've
got about a thousand of people at work for me. We've got 92 offices.
109 offices in the state. Dade County, we've got over a million
three hundred licensed drivers(1,300,000) one -fifth (1/5) of the
driving population is in Dade County. Now, we've only got one office
in Dade County. Now our primary responsibile--
Mayor Ferre: You mean in Miami.
Mr. Keith: Right, in Miami. Our primary
the public. This is all that we're there
rules and regulations like your body does
People don't come to us because they want
us to comply with the law. Now, I'd like
the time that the wall was closed we were
responsibility is to serve
for. Legislature passes
here in the City of Miami.
to come to us, they come to
to make this point. Prior to
using the area over there at
/9
NOV 171976
•
:tat time. We a::e now jtir;q' this area. At the s=,me :,f1c. to givr. oJ.
fiVing test. 1YFe only point that we've qct is that we've gut appro3-
&1t&tely three examiners that work daily giving driving tests. At tht
present time he's in a position, each man to give about 16 or 17 a dey.
MOW, if this wall was opened we could give, each man could give 25 01
2$ 8 day. So, this is all that we're asking is that we just Want yea
to consider it and we get complaints. We have a back log everyday of
people that have to return to be served the next day, because we can't
properly serve them at the present time. So, we would like for you
tab give this your: consideration. Thank you.
Mayor Ferre: Thank you very much Mr. Keith. Next speaker. Are there
any other speakers that are• proponents? Mr. Du Breiul?
Mr. George Du Breiul: My office is 100 M.W. 37th Avenue. I think that
the point that that Major Keith was trying to bring out was that the
fact that when the driver license, when one of his people get in a ter
giving tests he ;:as to go out on the corner of 37th Avenue and there is
no way he can ge; out to get out to llth Street and therefore it hee to
go to 37th Avenue that does not have a light on the inside of the gae.
The reason for tat if you're trying to turn right -•for traffic and t,.e
light slows you can finally make a right turn . When the light eve:
though its red, •-..he light i3 red you still can't make a left hand turn
because the traffic then is cone up to the corner and can't make a left
hand turn, theta point one. I stand here today and Mr. Plummer we
recognize your position and where you stood right at the beginning o..
this and all due respect to you, I think you're wrong, however, that:-
your prerogative and theta the American way. People of Grapeland
Aeighta. I think that not only the traffic problems theta been arous+:d
from all of this, its a change of community. I don't know how much .e
could have done more for that particular group than the City of Miami .;nd
the former Commissioners and the present Commissioners have done for the
Grapeland Height. area. There was at one time --- from the entire az•ea
out there was a dump, where the Incinerator dumped all that dump out there
and the birds ... well anyway today its a beautiful golf course. to.:ay
there's tennis courts, today there's recreational centers. Now, if '1ou
would of asked Mr. Mayor the people that happen to affect this live :.n
the area. I know some of the people and I know where they live. 10 15
blocks away, but the fact that the Grapeland Heights Association an,.
God Bless Them, they're my, I know most all of them. But at the :+ame
time there's probably 4 or 5 people that are actually affected that Liv
on this street. Now, one of the recommendations that -- Major Keit:.'s
did not state also, that if we were granted this permission to open thy+
gate so that traffic could flow out on llth Street and 5th, then ut;i..ize
the traffic light was there some of the people in that area would
to have now that the wall is all enclosed in would like to have a pe.t-
estrian gate. One, we will put up a pedestrian gate, two, Major Kei.:h's
and he can so state one of his Division Heads down here we will put
gate in there. The gate will be opened at 7:30 or 8:00 o'clock. :t
will be closed at 7:30 or 8:00 o'clock or 5:00 o'clock in the after-
noon it will be closed, excuse me. It will have a pad lock on. it. Zt
will be the responsibility of the driver license divison to open and
close the gate. at any time that they do not do this on Saturdays ant
Sundays it will be kept closed. There's another area of fire departtents
also they should have had somebody here to talk on that point, in case
of fire,the Fire Department would have... we would have the fire depirt-
ment in that area have a key :,o that they could ingress and egress f:^ors
that point. Moss: of t",e:.�e probably work. There are some pcc7le
here that lives dLrect. ' acts:.. the street from that from where the g::te
would be opened, ore or ,;:w4•1 hc,;;se;s down that are for and they are r.e.:e
today to speak. Gentlemen, I know thj.s is a hard one. Like I say a
lot of these peole are my f;ciende over there. I've known them, bt.t
sometimes its li a been state: here earlier everyone wants expressi•a. •,
but don't put it in rront of ay reuse, its the same situation you've
got here today. We stared a c3;.3noe of losing for the City of Miami a
testing station ;.hat a; fec' s all of the people and not just the 8 or
10 people that 1:.ve cn that street. The other people that do not lit e
NOV 1 l 1976
f that street. The other people that do not live on that street
'hey're only here because they are part of the Grapeland Heighte
eeeoiation. and when one member gets in a little bit of a jam they
11 stand up for them and rive got to admire that too. Thank you
Very Much.
Mayor Ferre: All right, thank you Mr. Du 8reiul. Now, are there
any other speakers, there was a lady back there... (eepanol) She's
saying that she's here because she wants to ask for an opening in
the wall. (An unidentified lady spoke Spanish into the record, and
spoke in behalf of a pedestrian opening).
Mr• Luis Vasquez: Mr. Mayor, ... I live at 1011 N.W. 32nd Place,
and I have been a neighbor of Grapeland Heights for about 22 years.
I don't know why they don.'t recognize me as such. Maybe because my name is
Vazquez. Now, 1 have here letters from people who live right along side of
llth Street.
Mayor Ferre: These are all neighbors along 12th and llth Street.
ofe,two, there's a whole bunch of them.
Mr. Luis Vasquez: I got some more here if you'd live.
Mayor Ferre: All right, and I will submit them for the ---
Mr. Plummer: May I see them please?
Mayor Ferre: Yes.
Mr. Plummer: 12th Street is one block away.
Mr. Luis ':agnuez: Well, unless you have to live inside the
center, that's a different story.
shopping
Mayor Ferre: He's talking about llth and 12th.
Mr. Plummer: No, I'm asking a question sir, you said that these were
right along side, now if I'm not mistaken, I would ask of you sir,
Mr. Acton, 12th Street is one block to the north, is that correct?
Mr. Acton: That's correct.
Mr. Plummer: Thank you sir.
Mayor Ferre: And, how many blocks is llth?
Mr. Plummer: lt's adjacent.
Mayor Ferre: And, as I recall, the main statement was on llth and 12th,
so i don't think that there any inaccuracy anyway.
Mr. Plummer: No, I think the inaccuracy Mr. Mayor is that all of these
were signed along side, along side would be adjacent to.
Mr. vas-auez: You can see how many live right on llth Street. This
lady here, she didn't state her address, she lives at 3811 N.W. llth
Street.
Mayor Ferre: All right, sir.
4r. Vasquez: I represent the Driver's School. and 1 think that one of
the reasons why some of the neighbors don't want that station these
is because they tear the driving schools going around their house. Now,
81
NOV 1'11976
1
we serve a ,rent deal at our o,-i,.v. I think that we do a very good
job Within Dade county and all around the State of Florida in our Job
of training peop;.e how to drive safety. Maybe, sometimes sonic of the
neighbors who are in a rush, they get behind us and they get a littlo
impatient because we make our students stop right at the stop sign
and take all the caution that they have to take, all right, now bet -ides
that I think and we talk for the whole City of Miami as a distinguis:.ed
representative here said because we feel that we,also our neighbors,
Our families,our relatives, everybody needs that facility around here
and particularly us because it would cause a great deal of inconvenience
fOr everyone of our schools to have to move to Opa Locka. We'd have t,
start all anew and be3ides that, we'd have to charge a little bit more to
our customers, maybe your son, or your nephew, or your wife, who have
td come to one of our schools and then we're going to have to charge a
little bit more for it. So, I think that my point has been stated
Clearly. We are defending our position too, but mostly, we believe
that this is...the City of Miami as a whole would he affected by this move.
And, just a final note for those who don't believe in the safety of
driving schools. We are recognized by all the insurance companies and
those people who learn to drive with the schools are recognized and civen
a discount on their policies, so I feel that you may have a very geoc.
idea of what they mean when they have that respect for us. I thank t•ou.
Mayor Ferre: Thank you very much Mr. Vasquez. Now, ladies and gent emen,
really we're running out time. How much time is taken so far?
Mr. Ongie: We've taken about 18 minutes.
Mr. Plummer: May I make a comment: Just so the record is clear.
Mayor Ferre: J.L.,after he makes his statement I'll recognize you.
'tii he gets this behind.
But listen,
Mr. Plummer: Because I think these petitions need a great deal of
clarification.
Mayor Ferre: A11 right, fine, and I'll recognize you for that purpose
at the right time.
Mr. C.B. Highsmith: I'm Regional Supervisor to Division of Driver's
License for this area. Our sole purpose of running this opening in the
wall there is to give better service and safer service to the public
as well as a place where they can ride down llth Street, where the offi- e is
on and find the office without having to go around the block two or three
times. Now, we had Mr. Taylor an Engineer from the State Road Department
Department of Transportation with us to make a survey with their problem
down there when Mr. Crouch was out there,the Assistant City Manager and
we've like to give him just a minute if we could.
Mayor Ferre: All right, I'll recognize him in a moment, but I need to
ask you a specific question. The statement has been made several tines
around here that it would be the Florida Division of Driver's License
intention to remove that facility from that location if that opening
is not made, is that so?
Mr. Highsmith: Yes sir, that is my recommendation and Major Keith acre
could speak to this.
Mayor Ferre: I :1sr want to make sure everybody hears that for the
record. That your recommendation, therefore is that if this opening
is not achieved now that you would move out of that facility.
Mr, Highsmith: Yes, and this is due mostly to the safety involved .,.,
Mayor Ferre: Have you decided what area you would move to?
Mx, Highsmith: No, not at this time. we have a choice of moving Our
S2
NOV 1 19/ b
pe= sonnet at this time into our new Opa Locks Office, up there which
is a real large Office or asking for additional monies to build an
additional station, which we would probably have to go out around
about Palmetto by-pass in order to find enough too► ...
Mayor Ferre: All right, if Metropolitan Dade County on a yearly
basis average how many people do you serve?
Mr. Highsmith: We serve approximately 500 a day at this particular
office.
Mayor Ferre: No, totally, I'm trying to get the proportion of them
that are in the City of Miami, that's where I'm heading, how much do
you serve in all your facilities in Dade County?
Mr. Highsmith: In the six different facilities I would have to come
up with a guess here, I would say possibly 15,000 people a day.
Mr. Plummer: A day.
Mr. Highsmith: Pardon me, 1500.
Mayor Ferre: 1500 a day, so what you're you're saying is about one'
thirdof the people you serve are in this Central Area.
Mr. Highsmith: Close to it, yes.
Mayor Ferre: I just wanted ...
Mr. Plummer: Can I ... now you've taken the privilege of knquiring and
I'd like to do the same. Sir, doesnt that tell you that there is a
great need in this community, and my question really has to be really.
how could you overlook that need?
Mx. Highsmith: I don't understand your question.
Mr. Plummer: Well, you're - whether we call it a threat or not a threat
as .toe, my good friend has said, that if you don't put the hole you're
going to move to Opa Locka.
Mr. Highsmith: I stated that this would be my recommendation, yes.
Mr. Plummer: Ok, I understand that. Now, sir, my question has to be
what kind of a recommendation or how can you make such a recommendation
when a third of the people of this community have need of that facility?
1 don't understand how you could make such a recommendation.
Mr. Keith: Mr. Plummer, the law at the present time provides in effect
that we will have a facility in each county.
Mr. Plummer: Yes, you have six now.
Mr. Also, its been indicated here when we look for an office
we got to look for a shopping center, unless we've got property. Now
we've searched in this county for months to try to find property to
build an office and the property in this county and thats the reason
Opa Locka we pay around $40,000.00 an acre up there for that property,
so what I'm saying as there's very few places. I'm not saying that we
don't need to be in the City of Miami. But I'm saying that if we are
in the city we've got to have a facility to where we can have access
to a lot of parking. 100 or 125 parking places.
Mr. Plummer: How about 500?
Mr. well, you know, there's enough there to park.
Mayor Ferre: You're talking about the Orange Bowl.
83
NOV 1'11976
Mr. Hummer: You better believe I'm thinking about the Orange Bowl.
Mt. Highsmith, 'Then, we've got to
• I'tn not saying that we
that we cannot continue to put up
that we're getting at the present
just saying that when one has a problem,
have this facility on the lit flooz.
shouldn't be here, but I'm saying
with the complaints frots t fie public
time. No, we're not threatening, I am
one has got to try to relieve it.
Mr. Plummer: A11 right, sir, then my question to you has to be...Have you
made any attempt with the City of Miami,for which our people are the
Ones primarily being served,to utilize the Orange Bowl.
Mr. Highsmith: The Orange Bowl?
Mr. Plummer: Yes sir. There's 4,000 parking spaces.
Mr. Highsmith: No,
Mr. Plummer: Well,
other alternatives.
knows.
we haven't tried this.
you know here again, what the Mayor said there's
You have no problem around there as George well.
Mr. Du Breiul:We put a testing station at the Orange Bowl and they toe
it down.
Mr. Plummer: That's right, I'm not saying a testing station. I'tn,
talking about ...
Mr. Du Breiul: And, I never got my plaque back off it.
Mr. Plummer: We'll see what we can't do for you. But all I'm saying
to you is I think that that is an alternative.... I really do, that you cou?.d
consider building an office in the Orange Bowl facility. Ite not uses:
to my knowledge basically during the day. It is only used primarily ir.
the evening or on weekend. I'm not saying its feasible. But I say
its worth looking into.
Mr. Highsmith) Well, if you'll provide us an office in the Orange Bowl
and provide us the facilities ...
Mr. Plummer: We're taking you off of the hook. I think itrs worth lock-
ing into.
Mayor Ferre: Yes, but now wait a
the licensing operation, but they
thing.
Mr. Highsmith: That4s right, but
probably is to, go out into the
Mr. Plummer: I understand.
minute, he's talking zbout not only
need a testing operation. The whole
now see what we'd have to do there
streets there too.
Mayor Ferre: Yes, but see what he's saying is you're not going to have
a neighborhood that?s going to be upset about that.
Mr. Plummer: That's right, because the City owns most of the property
around there.
Mayor Ferre: And you got N.W. 7th Street there.
Mr. Plummer: We use the baseball stadium right now to teat, to licens.;,
and everything, to taxi cabs)and there's a lot of taxi cabs in this
community and they have office_soace there. Now, don't get me wrong,I is
not going to let you off the hook free of charge. Because in the same
way you're going to have to spend money in Opa Locke to buy property aid
NOV 1 r11E76
to construct the building, I feel that its only reasonable that the
state can take some money and build their own office if we flake the
space available to you. All I'm saying to you ...
Mayor Ferre: Well, we'll build it for you if you pay us, if you pay
us as much as you're paying right now we'll lease it to you.
Mr. Plummer: A portion of it.
Mrs. Gordon: How about the Northside Shopping Center up at 79th
Biscayne, that?s another alternative.
Mr. Highsmith: Let me say this to you. Your intent's good, but si
I've been with government all my life.
Mr. Plummer: I won't hold that against you.
Mr. Highsmith: Don't/and I fight bureaucracy everyday. I fight it
everyday and 1 despise it. When government tells me something I want
to see it.
Mr. Plummer: Do you think the state would have any opposition to the
Orange Bowl?
Mr. Highsmith: 1 couldn't answer that question. We'd have to look into it.
Mr. Plummer: Mr. Manager?
Mr. Highsmith: It won't be easy,I guarantee you.
Mr. Plummer: Nothing in this life is easy if it2s worthwhile.
Mr. Grassie: I assume Commissioner that you're talking about the pos-
sibility of the state building a structure on the property owned by the
city.
Mayor Ferre: Not a very big construction.
Mr. Plummer.: They don't have that much room there now, have you ever been
over to this place Mr. Grassie?
Mr. Grassie: This morning Commissioner.
Mayor Ferre: Did they turn you down in your license?
Mr. Plummer: Did you pass?
Mr. Grassie: I passed.
Mr. Plummer: What would you say, just let me ask you Major, approximately
what would be the square footage needed for a building? I don't see any-
thing wrong with it. You can build it between 6th & 7th Street. Well,
there's no reason that this city cannot in fact donate the land to you.
Mayor Ferre: Oh, he's talking about building.
Mr. Plummer: Why aan't we?
Mayor Ferre: Well, wait a minute, I wouldn't have any objections if we
built the building if you pay us the rent that you're paying now. I don't
know how much rent you're paying. Who represents the---- of that
property? (laughter)
Mr. Grassie: Mr. Mayor I don't want to throw any cold water on this,
but I do think that people from the bureau need to tell you whether or
not in fact, they have a lease that runs for 7 years that they can't get
85
Nnv .i 'c 1916
o%it of uhleaS they Move ihte a state facility. Move into a state
WW1 facility.
Mayor Ferre: to you have a iohg,,terM lease there Major? Well, how
you're going to work that One out? Well, you better speak into the m .c-
rophone sir.
Mr._Kershaw Legislature refusesto make the appropriation on that
particular... just that easy.
Mayor Ferre: Refuse to make the appropriation for what?
Mr. Keith : Actually, whenever we generate a lease beyond our budge-.
runs from July to July, anything that we generate a lease beyond that;
its more or less of a gentlemen's agreement. And, what Mr. Kershaw is
saying is each year the legislature has to approve our leases, that wc:
put back in the budget. And, if they don't approve the lease, then wa
have no money.
Mr. Plummer: And, what's Mr. Kershaw saying to that. What is your
gentlem n's agreement Mr. Kershaw? de is not going to get the vote, for
what? He is not going to get the vote for the Lease.
(UNIDENTIFIEDk I would just like to say that when I go to the ball
game down there I usually have to pay 2 or 3 dollars to park in soneb:>dy's
yard and I'in just wondering where you're going to find the room around
the Orange Bowl to build a building.
Mr. Plummer: I just told you sir, between 6 & 7th Street, between 14th
16th Avenue.
Mayor Ferre: I'm sure Joe Robbie is going to be really thrilled by that.
Mr. Plummer: Ah, that really hurts me, that Joe Robbie is going to
feel bad about that, that really tears me up.
Mayor Ferre: Well, we're now on the subject of the Orange Bowl. I don't
want to talk about anything else until we finish th is, ok:
(UNIDENTIFIED) : Precisely,Mayor what I was going to tell you is that we
didn't come here to talk about the Orange Bowl. We came here just to
talk about a simple...
Mayor Ferre: That maybe, but I will overrule you,and we are talking about
the Orange Bowl, so I'm sorry, that's the way it goes. I'll recognize
you in a moment to speak for your clients or for whoever you want to
on this. The subject before ua is whether or not the City of Miami
could cooperate in giving land for the building, construction of a
building and receiving, which the state would build or we would build
or we would build and receive Honey for it on a lease basis.
Mr. Plummer: I think Mr. Mayor, the same ways that the city
I could be mistaken here, but I believe the city gave the county the
room at the baseball stadium to put in the testing station up there
because there was such tremendous parking and they could wind their
lines around in waiting for the cars to be tested. I believe the city
gave them that property. Now, I don't see why this facility couldn't
be used in the same manner. No George I'm talking about on the base-
ball stadium on 23rd Street, tie testing station, the new one there
that Metro has, along side of Youth Hall. on the south of Youth Hall.
Mayor Ferre: Well, let's see what the consensus is because it's now
peat 8, and frank?yyi'm getting real tired and I'm going to bring thi.i
thing to a head. So, the idea now seems to be that we ought to pursue
an alternative location within the City. of Miami, namely the Orange
Bowl. Does the Commission want to pursue that and bring it back with
recommendation of the Manager for further diecusaion and then continue
86
NOV 14i 1976
the hearing on the Shopping Center until that information is aVaiiable
or do you want to keep on you want to kill this one and qo back to
the hole in the wall?
Mr. plumMer: Well, I know how 1 feel.
Mayor Ferret Well, tell us how you feel.
ttc. Plummer: I feel that I think the orangs
and it should be pursued.
Mayor Ferre: You want the Manager to make a study and come back? Ok.
now, Madame, Vice Mayor, what's your feeling?
Bowl is aviable alternative
Mts. Gordon: There are alternatives, certainly there are alternatives.
We haven't really had the public hearing on this item that was before
us. and so if we want to continue with the public hearing, fine, if we
want to bring it to conclusion without hearing from the people who
raised their hands and asked you if they could speak, theta ok.
Mayor Ferre: well, we've heard from one side, we haven't heard from
the other side. I'm perfectly willing to continue .
Mrs. Gordon: All right, I think that we ought to continue, at least
allowing those people who raised their hands to speak and see what they
have to say.
Mayor Ferre: Father Gibson, what's your feeling on it.
Father Gibson: I'll vote for those people who haven't spoken, let them
speak and then make a decison.
Mayor Ferre: All right, Manolo, you want to make the decision tonight,
all right. Which then means that the majority of this Commission wants
to make the decision tonight, which means that now, are there any other
proponents who want to speak at this time? Yes sir, now I will recognize
you.
Mr. Roman Bristello: I own a beauty parlor in the Central Shopping
Plaza, now we came here for the purpose to try to convince the City
of Miami to get permission to open that wall. In fact, if I were the
person who decided what to ask I rather, instead of asking to open
one door, I will ask to open two doors. Because the facilities over
there will be much better for the public and its seems very stnange
to me since we already got the place over there that someone tried to
recommend another place like the Orange Bowl, I would like to see what
happened with the football game, nobody can learn over there how to
drive, see, and secondly. we got a lot of letters with people that live
right near our shopping center and I would like to ask this City of
Miami who are opposite to this opening to please say the address they
are living, because there is people hare who represent the other place
that live 12 blocks away which has nothing to do with it.
Mayor Terre: All right, sir.
Mr. Roman Bristello: Fine. I would like that opened, I mean that door
to be opened, theta all.
Mayor Ferre: All right, thank you sir.
Mr. Plummer: Mr. Mayor, I would like just to keep the record clear.
Are these petitions which are presented here,better half of the petitions
don't speak to opening for automobiles. They make such statements here
is that they want a walkway through there. I understand sir, I under-
stand, may I continue? A statement to the effect of its a benefit to
open thedoor to enter. for „he neighborsothat have no cars, ~We need
a walkway because we're old. We should'ave to walk so far to get to
87 NOV 17197E
the shopping center. I feel its important because I'm elderly and I
Heed a Short cut to the shopping center". I feel its very important
that the elderly people to have a sort cut and into the parking cet,t<,r. "
What I'm saying is let's keep the record clear. Most of these people:
here spoke to a pedestrian, as George did, a pedestrian access to the
Center and I don't think anybody would have objections even these people
here to a pedestrian access. I think it would be great for the merchants.
1 think it would be great for the people. So, you know, if it ever comes
to the point of allowing a pedestrian access, I agree. Surely, sir.
Mayor Ferre: Do we have a copy of that? J.L. look, I know its an
important technicality, but I don't think it really makes a tinker's
damn worth of difference. ;tea, well, I'm talking about listen will
you certify that there are people that are for it and there people that
are against it. Don't you believe that? Let's not question_ whethor
they live on llth or 12th or 12 blocks away, listen the people that 1:_ve
right next door and 15 blocks away and vice versa, right? Some peoplo
want it and some people don't, right? Now, so then what are we are
arguing about? Let's get back to hearing the other side and then let s
vote, ok. Now, all right, Mr. Taylor, if you make it quick Mr. Tay2.o_,
because we've been hearing your side now for well over half 45 minute:.
Mr. Clyde Taylor: From the Florida Department of Transportation. 11,1
the Assistant Traffic Engineer for the district. We were asked for
our recommendations in this matter. We're not involved in this and we're
-- we don't have any jurisdiction here, but the alternative was prese:at—
ed to the Driver's license by the City of Miami Engineering Departmen:
that recommended a driveway be constructed and to be signalized to gi'ie
access out to 37th Avenue. Since the Driver's License don't have the
traffic engineering staff we were asked to look into it for them. Yo•i
don't have to be a traffic engineer to make a recommendation,' a pract_cal
recommendation is a problem if the Shopping Center had the sufficient
traffic to warn a signal it would be difficult to install one there.
They don't have the traffic to warn the traffic signal. Traffic signals
are expensive and it would be detrimental to the flow on 37th Avenue
and how you could justify the expense of that signal for a private dr_ve-
way when there's a parallel access on llth Street. We could never just-
ify the people on our road and our recommendation was to put the hole
in the wall. Thats from the Traffic Engineer.
Mayor Ferre: All right sir. Thank you.
Capt. Ken Bush: Commissioners, I live at 3725 N.W. llth Street. I
would just like to read off as to what was supposed to have been done
over the past several months and this is the Mayor speaking on this
paper here, "you're going to have to get the owner of the shopping
center and you're going to have to get some yellow paint and they're
going to have to lose some of those parking spaces and those trucks
that back up, you know, those big trucks that are always backing up
and blocking off the whole place,there is going to have to be some
restrictions on hours as to when they can do that, and it repeats
itself. Then Father Gibson says,"we want the traffic department
eminently involved and we don't want no shucking and jiving about tha:
thing, do you know what I mean? Evidently, Father, they don't know
you mean, because they didn't e<o a thing about it. There has been no
attempt whatsoevez to establish some sort of a pattern way for them t)
get out onto. Just this eveni.., I'm coming home from work, I looked
at the back of that shopping center and there are, there are at least
a dozen or more trucks parked back there and the carnival is there
again, I might add and all these trucks from the carnival are parked
in the back there. When 1 1eG.ve for work in the morning you have all
those trucks that are hacked up to the Grand Union, all the other mer-
chants along that place. And, if you open this wail here, whats to
prevent these semi's from cominu; out of that place down llth Street,
all the other trucks and so fos.:tr.. So, we've got that problem atilt.
which they haven't solved and which I thought before they could even
pass anything at this meeting that they would going to have to do, vh:_ch
NOV i 61976
they he e 't and I'd like to point out over here on this map, running
along 37th Avenue here you have a left turn lane which starts about
right here, that left turn lane goes goes all the way down to 11th
Stteet: There's no way that people cannot get in coming north or
going Mouth or go back up to the back of the shopping center from
that place there. There's no reason at all they can't get in there.
As far as the shopping center --- (Not talking into the microphone)
The shopping center is not a great problem as far as coming out and
turning left. 'Jou go l.o the City of Miami downtown, anywhere there,
go into a bank or a parking lot or anything of that nature there's no
way you can go out they're all one way streets, so why can't these
people go out aid go right right on around without any dif',ficulty.And,
I'm not traffic engineer, I'm a police officer, but I didnt come over
on the last wagon either (Inaudible
Now, as far as the gentlemen here speaking about his petition which
Mr. Plummer brought out so adequately, Mrs. is here, she
signed the petition tha.:. he has there. She was under the impression
and was told that it was fez a walkway.
Mayer Ferre: All right.
Capt, Bush: And, theta what she was signing and she is sitting right
here. Now, the gentlemen here, the Major, the Captain, and so forth,
I appreciate,--- ---they got a job to do and they're doing the best they
can on it. Our distinguished guest, the representative here, he feels
that if you don't play ball, he's going to take his ball and go home,
well, thats his opinion of it. He doesn't live there and we do. Now,
as far as inconvenience, another thing. you got to get your license
renewed every four years those people got to go once every four years
to get their license renewed, they're going to be inconvenienced once
every four years, what about the people that live right there in the
neighborhood, they're inconvenienced everyday. They've brought out the
way that there cars are 500 and 600 cars they're going to service a day
them:. He also stated sowething, I don't know how many you said, Major,
that you served, how many licenses you give each day? No, I mean how
many license tests you give? I thought it was less. I know the lady
sitting in the back of me here stated that she lives in the back there
and she heard them call out over 100, over the loud speaker when they
called... I repeated myself many times and I'm repeating almost the
same thing I said the last time, so I'd appreciate it if you would
take into consideration all that the shopping center has been given in
the past. This was the one thing that was given to us, in other words,
the thing was closed off and we'd appreciate it if it stay closed.
The bank, Mr. Du Breiul. represents the bank there. I'm sure he has
no interest as far as this driving license bureau goes he's representing
them and this wi11 convenience the bank if they opened up the back of
that shopping center and theta strictly as far as I'm concerned what
he's after is opening that up. Now, like I say again I appreciate what-
ever: you can do for us.
Mr. Plummer: Capt. Bush, for the record, will you state whether or not
you're armed, no- you're not armed, because a comment was made before
that the last time you came down here you were packing a weapon, that
all of the commissioners could see. You're not armed are you?
rapt. Bush: I didn't threaten you though, others did.
Mr_ Plummer: 1 just want it on the record.
Jr. Jasper Andre: I live in Grapeland Heights and I am a board Member
of t;rapeland Heights civic Association, and normally I am -- my name
is Jasper O. Andre(for the last name) you're going to write me down
so you're going to bomb me, I guess. 3127 N.W. 13th Street. And, you
earn get me at home any night at 6;30 I'm having supper with my wife and
family, ok. And, the telephone is 633-2977 and theta goes for Mr. Du
Breiul, he's taking it down. Ok. All right, let's get down to business.
89
NOV1`19h,
Weil, he itflplied something, I thought it wasn't necessary.
Mayor Ferree Ali right, let's not get personal , cote on let' a
gat Off of that.
Mr. Andre: I'd like to talk without any interference Mr. Mayor.
Mayor Ferre: You're absolutely entitled to it, I'll rule anybody out
of order who interrupts Mr. Andre. He has a right to speak without ar.y
interruption.
Mr. Andre: However, what I tried to say is that I am a member of
Grapeland Heights Civic Association. I'm on the board and they have
Me on there for a reason as a Chairman which takes care of the comm-
unity problems as far as improvements, safety, and unification is
concerned. For the benefits of the residents in the community. And
as you all know, we just don't take care of people on llth Street or
39th Avenue. We take care of people with problems from N.W. 20th Street
to Flagler and from 27th Avenue down to 37th Avenue. So, when a prob:.em
comes up we are notified and we jump in and try to help the people, not
because we live 10 blocks away from where this problem is about the will,
only because it is a problem that it benefits the community if they so
see fit to call it as such. So, therefore, I am here on the basis of
doing a civic duty for the citizens and residents of Grapeland Height,;
Civic Association. Now, I've been here right along and I have presem:-
ed and I think the Commission remembers the ---- in which I made of the,
shopping center and which it seems that they have been told by the
Commission that this portion of the 37th Avenue, 60 feet would be ope
which has not yet been opened which will facilitate the exit off on
37th Avenue and if a sign was put on there- Turn Right, there's be
no problem. In fact, there is no problem presently, right now. Th,1
thing that we have a problem with is that they don't want to do that.
I've sees: drivers who have driving schools pull out of the license
bureau station and go straight out 7th Street along the bank area and
on 39th I watched them. I was there just this last week. My wife was
getting a renewal of license. And, I stayed there practically two,
three houfrs and watched this operation. The other thing that I think
is a good idea of the Commission about offering the Orange Bowl, for
one reason and that is I have found out that the inside of this here
license bureau is inadequate. When you go in there whether you need
a renewal of license for test or whether you need a license for the
first time you're jammed in one line and then you zig zag and nobody
says anything until somebody speaks up. Do I have to stay here, I only
want to get a re-examination or where do I go, and they finally, event-
ually when they reach an officer they'd get called out of the line. So,
it does not have adequate facilities and they are going to move out cf
that place whether we like it or not, because of many things. The
station is not big enough, they don't have the proper facilities, and
I know after we break this wall down to make it convenient for whoever
its going to benefit they are going to move out of that area anyway.
And, I think the Orange Bowl was a tremendous offer, however, the other
thing that is very important is that they have not made an effect at
all to open this Kirby ---- offering the pictures of that wall.
Mayor Ferre: Ye:;, I remember this the same one you showed us last t_me.
Mr. Andre:' (wasn't talking in microphone) They haven't done that at
all.
Mayer Ferre: They haven't opened this here?
Mr. Andre: Not at all. What they have done, they have corplete .y
destroyed the parking facilities of some of the stores and I'd like
to have somebody go there --- and shouldn't tell you that they have
contaminated the parking facilities.
90
NOV 1`r 1976
Mayer Verret Wait a minute, I'it tell you I'm going to stop this
thing right now. But I'm going to tell you something, wait a moitent,
we had a public hearing here a year ago and there was some cornMitt ehts
that were made and some things that were going to be done like opening
Up that thing on the other sine of the light pole and all that other
that hasn't been done?
Mr. Andre: No.
Mayor Ferre: Ok. All right, Jasper. Go ahead.
Mr. Andre: To make the matters worst, you know, as far as'gettinq
out of that driveway, this shopping center allows a circus to be put
out in front of the shopping center, area and they have these barricades
of these new so-called planners which are concrete and water pipes
that if the cars coming into the shopping center from the stores they
can't get in. They jump LIw hurtles and they bust their front ends,
the front cases and tires and this is watched by one of the merchants
and myself as store there right next to walgreen, we watch that
they do this everyday. And, they don't even paint them. They are grey,
they look as though, like the ground. Its been that way for over two
months, but they don't open up that back end. The other thing is that
again, they put, you know certain trucks, tractors in the back and the
trailors and again they don't have human facilities for the toliet
facilities for these drivers, and I think one tractor there which is
backed up in the back where the license bureau is thats backed up there
tuning up the engine and he's driving it off disconnected and what do
you think he goes out on? Right down the bank area out on 7th Street,
with no problem at all. He had no trouble getting out of that place
and yet they come in here and tell us they want a wall opened up. And,
like the man said he wants two. If we ever decide to open up a wall
for one car you got to legally make it for two. Otherwise, we're going
to have accidents there. You got to spread it right open and why spend
of this wall when the community and neighbors need some privacy, which
we asked before and this is all --- meetings we had. And, I think he
should not let this go through breaking this wall until they open this
up and then look at it. And, I think they should take the offer of the
Orange Bowl because I think Commissioner Plummer handed them a golden
platter with something for them to really accept. And, I think, thats
all I want to say at this time.
Mayor Ferre: Thank you Jasper.
Mr. Andre: You're welcome.
Mayor Ferre: All right, next speaker.
Mr. Edwin Camacho: Good afternoon. gentlemen, ladies, fellow neighbors.
I live at 3711 N.W. 12th Street. I'd like to point out at this time
a few things. #1, the people said when they put that opening on the
fence, technically, there was never an opening in that fence. somebody
drove a truck through it. Thats how your opening got there. That's
number 1. I don't think my neighbors, including myself would objectta
a pedestrian passage. I could see where that lady would have a problem
walking thro.igh around the shopping center. It does make it a little
hard for elderly people to walk around, yes I agree with that. But as
far as a driveway for these cars to get through I don't agree with them.
The Highway Patrolmen here or the Examiner say that right now they're
examining 16 people a day per person and if that opening was there it
would make it 25. I can't see what that difference is such a greater
number what that opening would do for them. I'll show you on the map
if I may in a minute. For the simple reason and I'll show you(Not
Clear) Instead of trying to bother any of the neighbors going through
llth, I mean, a life of a child is more important than the people get
their drivers license, including myself, I drive. I drive for myself
and I drive for the air force and I think a child's life is more
91
N O V 17 1976
iMpartant than haling these pe . r ie just for their convenience to go
d+ n llth Street so they can turn and make it easy for them. Its
just as easy for them to go down 37t:.h around 7th then to go to llth
Arid run some child down, whether its my daughters or one of the other-
neighbora daughters around here. I got three kids of my own and I
dent know how many they a1.1 have. But I'tMM sure they would not like
tt see they would hot would not like to see their kids or their sons
laying on the ground there, like 1 have seen before they put that
light up. Many days 1 have rendered first aid to those people on the
corner there. I can't see the need of jeopardizing a child's life just
because they wanted a door or to please the bank, because the bank Hro.ild
close them up. Now if :she bank went ahead and built a driveway or a
teller gate, whatever they call the drive-in window about half way up
there and they enclose or they put a concrete block or something, I
don't know, a couple of feet a: f the ground which hinders you
to drive through. Now, I th i n% thats very wrong we got to live there,
And, my kids got to go to school there and I have lived there since
1959 around there and I try to be apart of the neighborhood. I'm stial
proud of it. I served in the police department, as a reserve police.
I fly for the air force. I have my own business in the City of Miami,
I think that ought to mean to ;ornething to my kids. I want to leave
them something. don't want to see them laying on the ground just
because some people want to go through there like a maniac. Now, if
you all don't live there spend some come through there and you'll
see these people the way they drive.
Mayo: Ferre: All right, thank you very much sir. Ali right, next
speaker. And, again I want to ask you please to keep your statements
short and to the :point and don't repeat what somebody else has said.
I'm getting to a ?oint n o- where I'm not listening very well.
Ms. Florence A11ieon: I live at 3071 N.W. 14th Street and I'm a member
of Grapeland Heights Civic Association. Now, Grapeland Heights is
community minded not just for the area, but the whole City of Miami
and we do get into something once in a while. I'm going to be like a
devil... I want to tell you about llth Street, we're having traffic
coming from Le Jeune Road right on through llth Street. We're having
cars coming from the east going west. Now if you have an opening in
that wall and the way some drivers - they don't make signals or anything
you're going to have a pile of them turning in or coming out. People
coming east or west will not be expecting cars coming out of there.
Now, I just want to ask one thing, if this is only for the testing, the
drivers, can they build a small walljust beyond the license department
to where the volume from the bank won't come through to get into that
opening and to ac in there, that would be just too much traffic if the
bank was using that. I think thats all that I want to say.
Mayor Ferre: All right, care there any other speakers?
Mrs. John Jeffery: I live at 3695 N.W. 19th Street. I'm a charter
member of Grapeland Heights Civic Association. I know you're tired.
I've been here since 2:00 because we were here for the first item also
there's one thing that everyone has failed to mention and that is that
beautiful opening that the bark put in on N.W. 7th Street. You can go
in and you can gc out, because every since June 17th meeting when we
were here I've bean doing my hemework. I go in and out there all hours
of the day at all days of the '-.teek almost every hour I visit the testing
is opened. And, there is rice; problem getting out of there. No one
is going to agree with me, but thats true. So, please keep that in mind.
I know you're tired. We're t.`ed4 Thank you.
Mr. George Du Ere i ul: I know , 're all tired and just right on poin:.
Two or three poi r t e in rt cr e to what Mr. Plummer what said about
at the last meting that we were all here you all had asked about .he
entrance there be Ong put wall has been put up, landscape, beau :ified.
They're presently dying the front, the carnival is in there for two w-leks.
9ti
VP VP
NOV ire' E376
i
is been there twice a year for the past 10 years► that's the little
[its on the bottom corner, it covers that spot. There's 22 Jiffy
China there that's a rebuttal .... Mr. Taylor from Department of
anaportation; they studied the area in reference to putting another
traffic light at that opening. They've presently have just let the
rbhtractor re -cut the opening there Mr. Ferre that you spoke about.
It is presently being done. I went with Mr. Acton and some of them...
actually, we're going to set it about 8 feet over because the traffic
homing out where they presently had the opening was because you could -
fit see over the wall... and response to one other question tine street
address of the Drivers License Agency is on llth Street. There is no
Opening. Now, I do not represent the bank. The bank has a separate
piece of property and that little wall was put up there so the traffic
Would come in and go down to the drive-in tellers, come back around on
the inside, go out on 39th Avenue or it can go back out on 7th Street
that is one of the problems that traffic that the Department of Driver's
License they cannot go over that wall to use that exit to go around
because that was for the flow of traffic, for the drive in traffic and
theta worked out very well, I might say. There was a woman killed on
37th Avenue about 2 months ago, it was a four -car accident. There are
about six openings on 37th Avenue right now and that has been the
traffic usurp. The Planning & Zoning Department has recommended this.
I think this will be the three openings there when the new landscaping
is completed. The opening was there for two years, theta a true
statement. it was there illegal. W w it got there. God only knows
we didn't ask for it, we didn't put it there, as far as the shopping
center is concerned. That's all I have to say.
Mr. C.H. Highsmith: One of the speakers spoke about the dangers of
having this traffic out there in this neighborhood and the gist
and so forth.. I'd like to point out that even though we have to
use on 37th Avenue and 39th Avenue to get our people out on the street,
they're still using this same area to give the test. ...
Mr. Louis Vasquez: 1011 N.W. 32nd Place. I'd like to ask three
questions one to Capt. Bush, one to Mr. Andre, and the other one to
this lady here. Do you have a neighbor by the name of Nada, who live
right behind your house sir, Capt. Bush, sir? On 12th Street, 1229
N.W. or 3729 N.W. 12th Street, all right, you don't recognize her, she
is a member of the Neighborhood Association. She attends meetings every-
day that they have the meetings there. And, they have tried that before
and the majority of those neighbors have approved the opening there, all
right. The other question to Mr. Andre, when Mr. Du Breiull mentioned
the killing of the lady the other day, I mentioned to this gentlemen
here that, that was his next door neighbor and Mr. Andre say don't answer
that, why? All right, you say that, you say don't answer that question.
Now, because they know that the danger exist right now. Now the next
question to this lady here, Commissioner Plummer, you remember me the
other day, we were talking on this corridor there and I told you about
opening the walk for the pedestrian ... and you seem to like the idea.
Now, the very next day and I have this lady to witness here, the very
next day somebody who was not in our group came around the neighborhood
asking for signatures to get that opening there. Now, I don't know how
they knew about it, but they were already asking. And, that's why that
lady there signed that application there. I don't know, nobody tried to
fool her.
Mr. Hector Comacho: Number one, yes they did go around the neighborhood
asking for us to sign those papers but even my wife was under the impres-
sion it was going to be a pedestrian walk, number one. Secondly, that
lady's death has nothing to do with what we are talking about. Believe me
I have worked many accidents right in that corner, because ... I'm the
first one there my first -aid kit, believe me. I'm always there. I'm
almost as bad as J.L. and I know him a long time ok. But that is ir-
relevant of the accident, believe me. We have fought for that light and
ilk
NOV ��(1976
WI 1fta11y got it. All tight, but I have nothing to do With the wa11.
I atinn say that opening in the wall is in a bad place.
Mayer Perre: All right, thank you Mr. Comacho. All right, Captain.
Capt. hush: Very briefly, the death of the wornan. It happened on a
corner. The worm:, crossed on a green light, stepped out in front of
traffic. I was the first one on the scene and rendered first -aid to
the woman as best as could be done. I would like to congratulate the
City of Miami for the rescue team which did an excellent job out there,
on trying to revive the woman. The other accident, the four -car
collision with the improper lane change with four cars just the other
day. I would like to remind the commission that on llth Street. It
is a 30 ft. wide etreet, which is a residential size street. It will
not hold semi -trucks. It will not hold all this traffic that you're
planning on putting on here. And, again I appreciate it if you ....
Mayor Ferre: All right, I think we've heard the public. I would
say that would be a safe statement, wouldn't you Joe? All right, now
its time to fish or cut bait. Sink or swim.
Mr. Plummer: As Joe Kershaw put it so nicely and abruptly, no hole,
that's the motion.
Mayor Ferre: No hole in the well. All right, Plummer moves that the
item #15, amendment to resolution 74-970, how do you word it Pluame_?
Mr. Plummer: The:. the present action of the Commission be sustained.
Mayor Ferre: For how long?
Mr. Plummer: For a long time. How about at least 7 years.
Mayor Ferre: All right, Plummer moves, who seconds?
eee
Mrs. Gordon: Yoe know, I have a long memory and I've lived in Miami
and close to Grapeland Heights for a great number of years before
moving to Coconut Grove. I guess I'm almo t like someone who has lived
in Grapeland Heights and I can recall when shopping center began and the
number of applications that came along when I was on the Planning Boerd
for request or request for apartment zoning and apartments and the
Grapeland Heights people came down here and said no integrity, thatz:
the word because you promised when the shopping center first came in •':hat
the shopping center would not permit any deviation from the original ..deal
plan. We have deviated, We have permitted the bank. We have permit•ed
a couple of other things to happen, but in my opinion/the one thing and
only thing we haven't deviated from is the protection on the north t:h.:t
we guarantee to the people of Grapeland Heights and I could not sit here
this evening and even with the good intentions that are expressed by all
the people who are concerned with the opening for cars on llth Street.
I couldn't sit here tonight in good conscience and vote for it and
couldn't vote for it because I do have a very vivid recollection of
promises that have been made and I'm not about ready to break them, aU
I'll second the motion.
Mayor Ferre: There's a motion that's been made and seconded.
Father Gibson: Mr. Mayor, may I ask a question? Why weren't those
improvements made?
Mr. Plummer: George, let me see something in your behalf. Father,
the record should be clear that Mr, Ferencik before he departed here
this evening made to me the following statement- that the shopping
center had complir-d with : «12 of the necessary requirements, that they
had a contract already guaranteed for the landscaping and everythigc,
that this coam as Lon requested. Now. I'm on the other side, so I tx i:_k
94 Nov 1 ri 1976
Ma-
coning ftOM me you, you can accept that as being truthful. Prot
Mr. Perencik, that all of the things had been complied with and those
that had not contracts have already been let, thats the only reason
why so I put that for the record.
Father Gibson: Well, let me ask this, if that be true in those drive-
ways they're talking about, are you arriving at a conclusion before
you've tried those. is that what you're doing? A11 I'm saying is I
thought that those suggestions were made to give you an opportunity
to try out, to see if you got relief. You can't tell me that they
wouldn't work because you haven't done it. You have contracts. 1
don't know the importance of this to have the driving facility
there. No, how important it is to have the driving facility in the
City of Miami. I have real, real gut reaction that you aren't going
to have that in Miami. You know 1 don't plan to go to Opa Locka. I
live in Miami. I think ... (Defective Tape)- (remainder inaudible)
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 76-1043
A MOTION STATING THE POLICY OF THE CITY COMMISSION PRO -
HIBITING A VEHICULAR OPENING IN THE WALL ALONG THE NORTH
WEST 1.1Th STREET SIDE OF CENTRAL SHOPPING CENTER, 3875
N.W. 7TH STREET IN CONNECTION WITH FLORIDA DRIVER LICENSE
FACILITY ACTIVITIES AND SUSTAINING THE PRESENT EXISTING
ACTION OF THE CITY COMMISSION IN REGARD TO THIS MATTER
AS REFLECTED IN RESOLUTION NO. 74-970, PASSED AND ADOPTED
ON SEPTEMBER 12, 1974
Upon being seconded
by the following vote -
AYES: Mr. Plummer, Rev. Gibson, Mrs
NOES: Mr. Reboso.
ABSENT: None.
ABSTAINING: None.
by Commissioner Gordon, the motion was passed and adopted
Gordon
and Mayor Ferre.
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45. NOV 1'l 197b
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Capt. Bush: All :right,
the question that the
do come in the day tine.
it was not done Father G.
Catholic. I know you'
did not recommend that
basis the lines 'acre to h
a traffic light aL. that po
they said it wa8 not
some 60 or ?) ; 000 dollars. It was not feasible and that theay
.ght be changed from llth Street up
ight be... thats why the entrance wat.'
1d-up waiting for that. The contr .c::
as that and I didn't think that point
Ice ways have been. The only area tha:
ck that then gives those trucks the
:'m talking Avenue. I'm
ted it be for going out.
area,
there
was
onsider that's the only notion we
would not recocame ld that:.,
to that point. or an itidi ..o
..the entrance waar c clr.
has now been let _;inc.! .(
would come up. Bat those
when that entrance i ; o1
to come in and load and
saying that if th:3t sl.q>a
we would comply w:.th..
Father Gibson: wall, :het
where I am. I ho2e every-
Engineering peopiJr rec mte
willing to change my mind
work, theta all I'm say ,
is saying, as I sec: tx r
to do anything until we
get some relief lad
do to my public o f c a
State of Florida -inde:t
state and that th,,;y ha
their pro fes s i.onr rst-
We have a problem,
the 'integrity of a n i.z
suggestions. If -.hey
would be among the first'
relief, ok. Those pec,pie
them an opportuni•iy, please:
church. Sometimes, its
that you will ple :ad. wit
unity.
Mr. Kershaw: Mr. Mayor,'
Mrs. Gordon: Rep. Kershaw
to reconsider. We're not
wish to speak I' 1. a11ow
Mr. Kershaw: JuE t t-a stet
members of the Ccmmxss r.
see, I came out Tall
why 2 came down tze.rc. to
is of interest to
members of this cammi
thing is not done yet,
have to make roe a -care
tried. And, you ':.ecp .
state, but I don'... L
ant tb talk to the point there,
me in reference to the trucks. The:*
ith a new lines drawn, one of the reasons
nd I wouldn't lie to you. I'm a good
scopalian. And, that is because D.O.:.
e. Those provisions were made on the
wed, the entrance there. if we could put
When D.O.T. came down and studied the
male. They gave a report to this city
on 37th
traffic
are
And„
say;, this, so that everybody could know
derstands. I did not know that the
ot, however, I would be perfectly
se things were tried and they didnt
I think what the people over there
people don't want us, I don't think,.
ly tried to see whether cr not you
Mr. Mayor, n ote what I'm going t.
hope that the legislature of the
Miami and Dade County are part of this
ration to us to let us try. I thins:
early and adequately pointed out to us.
to solve the problem and yet retail
I would hope that we would try thoss
out to come back. Theodore Gibson
they didn't work. We didn't get the
cried. I would hope that we will give
ou know legislature is just like the
;.. but I would hope Brother Kershaw,
.flow legislators to give us that opaort-
ve a word please?
ate to tell you no, but we're on a motion
-.motion to pass something else, but if you
o speak.
certainly appreciate it. Madame Aefor,
only reason why I came down here tonight,
.is afternoon at 4:15. The only reaem
now how vital this thing is. This ding
k-ow or at least I had an idea that tae
not cognizant of the fact that if so11E-
t.ats the only reason. so you don't
us do to the legislature because y
oo; out for my constituents in the
members of the Commission
NOV 111976
knew how vital this thing was and thats the reason why I took my time
.6. thank you Madame.
rather Gibson: Madame, Mayor I want to speak to that, even if it takes
us all night. I want to make sure everybody understands that we have
an obligation to the people in this city. I want everybody to under-,
stand that. And, we have a corresponding responsibility to make the
legislation understand what we're trying to do. and theta all I'm
asking my brother to do. And, let me say this.. I saw the paper this
morning where we've lost all the key positions in the legislation.
That's part of the penalty you pay in politics. Just go back and
tell them Theodore Gibson who's a native says I will reward them too.
And, I want to reward my citizenry here. And, I mean that , I just
don't think that the legislature can afford to be unreasonable. Now
doggone it if they want to make politics their first obligation, tell
them be my quest. And, I'll invite myself up to Tallahassee so I can
get on the legislative floor and to express myself. That's right.
Mr. Andrea Can I say a word?
Mrs. Gordon: One word, two words, ...
Mr. Andre: I think they all had a half a dozen chances to come up they
keep rotating. I can't see Mr. Kershaw acting like he does. I don't
believe what he says that this bank is going to flop and we're going to
be in a helluva big trouble and so is this Commission in jeopardy.
We really don't know what the answer to the end is going to be. Its
black to no end for us if we don't open this wall. He can't make me
believe that, but I think I'm old as he is. The one thing that I want
to find out here is are we --- have we voted on what Commissioner
Plummer motion or aren't we voting on it.? That is what we want to know
because they have denied your word as far as what you have ordered as
a Commission to there about opening that extra 60 feet and I remeaber
Mayor Ferre showing the people what was going to be opened and they
have got the gail to come over here down and override this. Who are they
kidding? They're kidding you and they're kidding me and they're
kidding us.
Mrs. Gordon: Jasper let's stay cool, ok. And, I don't really think
we need anymore rebuttal at this time.
Mr. Andre: I don't want to see this go through with an option.
Mrs. Gordon: Wait a minute, now let me clarify the record. The motion
Mr. Plummer made, which I seconded was approved by a 4 to 1 vote. The
Mayor has offered a motion to reconsider which is in order if he wants
to offer it, because he voted with the motion. Mr. Plummer seconded
that motion to get it on the table. We are at that point and time. If
this motion sh ould carry then the original motion will be back on the
table. Not the Mayor's new motion, but the original motion and then if
that fails then the Mayor is open for another motion. And, thats the
parliamentary procedure of it.
Mr. Plummer: Madame Vice Chairman, I withdraw my second.
Mrs. Gordon: Then, in re -consideration unless there is another second
and there isn't any as I have heard yet, is there? Is there a second
to the Mayor's motion to reconsider.
Mr. Plummer: Excuse me. I wanted co make another motion and I would
like to make another motion. Have you declared the Mayor's motion out
of order or ...
Mrs. Gordon: There is no such thing as out of order, if he doesn't
get a second there is no motion.
NOV 1.7197 6
ft vies for lack of a : edond.
Mayor Ferre: I move that tide itele be raeofaidered.
Mrs. Gordon: All right, the Mayer it moving to have this matter
reconsidered. Is there a second to the Mayor's motion? Is there
a second to the Mayor's motion twice?
Mr. Reboso: Can anybody second the motion or it has to be the
side?
dish Sib lit
Mrs. Gordon: It has been my understanding and I will bow to the
Attorney. It has been gay understanding parliamentary procedure that
if you have voted against the original you are not in line for making
a participation in the re --consideration. Now, if the Attorney if
rules otherwise, then we'll accept your second.
Mr. George Knox: Its ray imp et.sion that if you have voted against
the motion then you cannot move to re -consider, but I know of no
prohibition against seconding a motion to re -consider.
Mrs. Gordon: All right, then the ruling is that you may second the
motion.
Mr. Reboso: 'Then, I second the motion.
Mrs. Gordon: Ok. Now, there is a motion for re -consideration.
Mayor Ferre: Call the question. Let's get it over with.
Mrs. Gordon: There's been plenty of discussion. So, let's have a
roll call.
Mr. Plummer: This is a motion to re -consider what?
Mrs. Gordon: The motion, that passed and if this re -consideration
passes, then the original motion comes back to the table for a vote.
Ok. Call the roll please.
Mr. Ongie: Roll call, Mayor Ferre.
Mayor Ferre: I vote yes for the motion.
Mr. Ongie: Rev. Gibson.
Rev. Gibson: No.
Mr. Ongie: Mr. Plummer.
Mr. Plummer: No.
Mr. Ongie: Mr. Reboso.
Mr. Reboso: Yes.
Mr. Ongie: dice .Mayor, Gordo
Mrs. Gordon: No.
Mayor Ferre: IQaddme taayor, I e,a4u34 a re aimed for the purpose
of making a motion.
Mrs. Gordon: Ok. Weil, 1+5; tie juast :Hake an announcement please.
The notion to re-::onsid r has fa,.. e4. There's new business ahead at
us.
NOV 171976
Mayor etre : 1 would like to move or second, because I would ;sappy to
to it was Plummer's idea, so I will second if wants to Make the MOtioh
that the Department of Transportation and the Driver' a License Agency
be offered the opportunity to consider the Orange Bowl area for the
purposes of a Driver's License Agency and that the City Manager be
instructed to cooperate in working out the specifics and come back to
this Commission with a recommendation for such a bureau.
Mrs. Gordon: All right ---
Mayor Ferre: That was your idea. So you make the motion and I'.l
second the motion.
Mr. Plummer: Brilliant idea Mayor. All right.
Mrs. Gordon: I would ask the maker and the seconder of the motion if
they would consider broadening the motion to include any other propert-
ies that might be suitable.
Mayor Ferre: In the City of Miami. In other words, we want to keep
you here somewhere and we want to keep you happy, so we'll work with
you.
Mrs. Gordon: That will open it to any other areas that might lend
itself to that use. ok. Is that all right with you? Ok. All right,
any discussion. Call the roll please.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 76-1044
A MOTION INSTRUCTING THE CITY MANAGER TO INVEST-
CGATE THE FEASIBILITY OF USING CERTAIN AREAS.NEAR
TBE ORANGE BOWL STADIUM OR TO INCLUDE ANY OTHER
-PROPERTY THAT MIGHT BE AVAILABLE WITHIN THE CITY
';'LIMITS FOR POSSIBLE CONSTRUCTION OF A DRIVERS
LICENSE AGENCY EXAMINATION FACILITY OF THE FLORIDA
STATE DEPARTMENT OF TRANSPORTATION; FURTHER INSTR-
UCTING THE CITY MANAGER TO WORK OUT THE SPECIFIC
RECOMMENDATIONS AND REPORT HIS FINDINGS TO THE CITY
COMMISSION IN THE NEAR FUTURE.
Upon being seconded by Mayor Ferre, the motion was passed and
adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mayor Ferre. & Mrs. Gordon.
NOES: Nana.
ABSENT: None.
ABSTAINING: None.
20. DECLARE SOUTH BAYSHORE DRIVE FROM ALATKA STREET TO 27TH AVENUE
AS A - SCENIC TRANSPORTATION CORRIDOR.
Mayor Ferre: A resolution denying the application of the Planning
Department to declare South Bayshore Drive from 27th Avenue to
Mc Farlane Road in the Coconut Grove Area in the City of Miami as
a Scenic Transportation Corridor as per Chapter 64 of the Miami City
Code
Mrs. Gordon: Mr. Mayor wait, I would suggest respectly that we pass
on the first part which is approving the other area and I want to ask
Mr. Knox a question, why do we have to move on the denial of the
application of the Planning Department first. Shouldn't we move first
on the declaring of the area your first resolution?
NOV 17137E
Mr. Mrfox: It really doesn't make any difference Mrs. Gordon.
Mra. Gordon: Ok. I move a resolution declaring South Bayshore
Drive from Alatka Street to 2`i"..h Avenue Coconut Grove Area ae a;
Seenic Transportation Corridor (thereby becoming an EnvironT er tw;�.�._'
Freeervation District) as per chapter ....
Mayor Ferre: Seconded by Father Gibson. Further discussion. RO*e
MOVes. Father Gibson seconds. Further discussion. Cali the roll.
The followimj resolution was introduced by Vice Mayor Gordon,
who Droved its adoption:
RESOLUTION NO. 76-1045
k RESOLUTION DECLARING SOUTH BAYS HDRE DRIVE
FROM ALAT'A STREET TO 27T11 AVENUE IN THE
COCONUT GROVE AREA OF'MIAMI AS A SCENIC
TRANSPORTATION CORRIDOR (THEREBY BECOMING AN
ENVIRONMENTAL PRESERVATION DISTRICT) AS PER
CHAPTER 64 OF THE MIAMI CITY CODE, AND DIRECT-
ING THE PROPER OFFICIAL OF THE BUILDING DEPART-
MENT TO INCLUDE SAID PROPERTY ON THE OFFICIAL
MAP MAINTAINED BY THE BUILDING DEPARTMENT
DELINEATING ENVIRONMENTAL PRESERVATION DISTRICTS.
(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 Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
Votsro
21. DENY APPLICATION OF THE PLANNING DEPARTMENT TO DECLARE SOUTH
BAYSHDRE DRIVE FROM 27TH AVENUE TO MAC FARLAND RD. IN COCONUT
GROVE, AS A - SCENIC TRANSPORTATION CORRIDOR.
The following resolution was introduced by Commissioner Gibson,
who moved its adoption:
RESOLUTION NO. 76-1046
A RESOLUTION DENYING THE APPLICATION OF THE
PLANNING DEPARTMENT TO DECLARE SOUTH BAYSHCRE
DRIVE FROM 27TH AVENUE TO McFARLANE ROAD IN
THE COCONUT GROVE AREA IN THE CITY OF MIAMI
AS A SCENIC TRANSPORTATION CORRIDOR AS PER
CHAPTER 64 OF THE MIAMI CITY CODE.
(Here follows body of ::esoi.ution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Gordon, the resolution was
passed and adopted by the following vote-
AYES: Commissioner Manc to
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plumper, Jr,
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre NOES; DOM.
IC 0
NOV 17 '.976
•
or.
P Ara r � OLUI iON
•
REVERSING ZONING EOARD' u
USE TIT�(�1305E5SN DW 4tH Av�u�� "t
FACIL
The following resolution was introduced by Commissioner a 5A h
Who moved its adoption:
RESOLUTION NO. 76-1047
A RESOLUTION REVERSING ZONING BOARD'S GRANT
OF A "CONDITIONAL USE" AS PROVIDED IN ORDINANC.
NO. 6871, ARTICLE VI, SECTION 1 (4-A) (d), TO
PERMIT RESIDENTIAL SUBSTANCE ABUSE FACILITY FOR
60 OCCUPANTS ON LOTS 4, 5, 6, & 7. BLOCK 6:
BROADMOOR (2-37) BEING 3055 N.E. 4TH AVENUE,
ZONED R-3 (LOW DENSITY MULTIPLE) DISTRICT.
(Here follows body of resolution, omitted here and Ors tIle
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer,
was passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
ADJOURNMENT:
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY.
COMMISSION, ON MOTION DULY MADE AND SECONDED, THE MEETING WAS
ADJOURNED AT 9:50 O'CLOCK P111
the resolution
ATTES
,. Ralph G. Ong.Le
CITY CLERK
Ma t.ty Hikai
ASSISTANT CITY CLERK
Mauni.ce A. Fen.ne
MAYOR
101
3
Twilwassaigagmimmow
CITY OF M$AMI
DOCUMENT
INDEX
MEETING DATE:
November 17, 1976
ITEM NO.
DOCUMENT IDENTIFICATION
COMMISSION
ACTION
RETRIEVAL
CODE NO.
10
11
12
COMMISSION AGENDA AND CITY CLERK REPORT
DECLARING THE INTENTION OF THE COMMISSION OF
CONSIDERING THE ADOPTION OF CERTAIN ELEMENTS
OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
DECLARING DOUGLAS ROAD FROM KUMQUAT AVENUE TO
INGRAHAM HIGHWAY WITH A WIDTH AS FOLLOWS
DECLARING INGRAHAM HIGHWAY FROM DOUGLAS ROAD
TO CITY LIMITS WITH A WIDTH AS FOLLOWS:
CLOSING, VACATING, ABANDONING AND DISCONTINU-
ING THE PUBLIC USE OF THE ALLEYS LYING WITHIN
BLOCK 18, WADDELS RESUE (9-136), BEING BLOCK
BOUNDED BY N.W. 19TH STREET AND N.W. 1ST AVE
GRANTING A ONE-YEAR EXTENSION OF THE CONDITION-
AL USE PLANNED AREA DEVELOPMENT (PAD) AS LIST-
ED IN ORDINANCE NO. 6871, ARTICLE XXI-1.
APPOINTINH JOSEPH MIDDLEBROOKS, AIA AND TED
EDWARD BAKER, ASLA AS ALTERNATE MEMBERS OF THE
URBAN DEVELOPMENT REVIEW BOARD.
GRANTING A THREE YEAR EXTENSION OF THE CONDI-
TIONAL USE GRANTED ON LOT 20, BLOCK 83N, MIAMI
(B-41) LOCATED AT N.W. CORNER OF N.E. 3RD
TREET AND BISCAYNE BOULEVARD ORGINALLY GRANTED
BY THE CITY COMMISSION BY RESOLUTION NO. 43092
GRANTING A ONE YEAR EXTENSION OF THE CONDI-
TIONAL USE AS LISTED IN ORDINANCE NO. 6871,
ARTICLE VI, SECTION 1 (4-A) (a), TO PERMIT CON-
STRUCTION OF RESIDENTIAL DEVELOPMENT OF PLANN-
ED UNIT NATURE ON LOTS 19 AND 20, MALCOMB
PEACOCK SUB
TF'1'IRMING GRANT OF A "CONDITIONAL USE" AS PRO-
VIDED IN ORDINANCE NO. 6871, ARTICLE VI, SEC-
TION 1 (4-A) (d) , TO PERMIT RESIDENTIAL SUB-
STANCE ABUSE FACILITY FOR 60 OCCUPANTS ON LOTS
4,5,6,& &, BLOCK 6. BROADMOR
DECLARING SOUTH BAYSILORE DRIVE FROM ALATKA
STREET TO 27TH AVENUE IN THE COCONUT GROVE
AREA OF MIAMI AS A SCENIC TRANSPORTATION COR-
RIDOR (THEREBY BECOMING AN ENVIRONMENTAL RE-
SERVATION DISTRICT) AS PER CHAPTER 64 OF THE
MIAMI CITY CODE.
DENYING TILE APPLICATION OF THE PLANNING DEPART
MENT TO DECLARE SOUTH BAYSHORE DRIVE FROM 27TH
AVENUE TO McFARLANE ROAD , AS A SCENIC TRANS-
PROTATION CORRIDOR AS PER CHAPTER 64 OF THE
MIAMI CITY CODE.
R-76-1031
R-76-1032
R-76-1033
R-76-1034
R-76-1036
R-76-1037
R-76-1038
R-76-1039
R-76-1045
R-76-1046
0023
76-1031
76-1032
76-1033
76-1034
76-1036
76-1037
76-1038
76-1039
0024
76-1045
76-1046
pcu MENT'IN DEX
CONTINUED
0 0
TEM NO.
13
DOCUMENT IDENTIFICATION
REVERSING ZONING BOARD'S GRANT OF A "CONDI-
TIONAL USE" AS PROVIDED IN ORDINANCE NO. 6871,
ARTICLE BI, SECTION 1(4-A)(d) TO PERMIT RESI-
DENTIAL SUBSTANCE ABUSE FACILITY FOR 60 OCCU-
PANTS ON LOTS 4,5,6,&7, BLOCK 6.
ACTION
R-76-1047
RETRIE'AL
CODE NO.
76-1047