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HomeMy WebLinkAboutCC 1976-12-15 MinutesCITY OF MIAMI 1 OF MEETING HELD ON December 15,1976 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL • RALPH G, ONGIE CITY CLERK • ITEM LO, 1. 2. 3. 4. 5. 6. 1 11M ZINC iES Ft(3ULAARr I I G CQ iiISSIC I OF MINII.. FLORIDA CANVASS SOUTHERN BELL FRANCHISE ELECTION: WAIVING READING OF MINUTEOR PREVIOUS MEETING: LENGTHEN TIME LIMITS FOR ZONING AND PLANNING.ADV. BOARDS TO FILE RECOMMENDATIONS WITH CITY COMMISSION: PROPOSED CHANGE OF ZONING -COMBINED AND SUPPLEMENTAL MAP OF MAC FARLANE HOMESTEAD PLAT AND ST. ALBAN'S PARK LOTS 37-40 BLK 1: CHANGE OF ZONING BAYSIDE PARK AND. LOT 3 - 7 BLK. 3: VARIANCE - ADDITION TO SINGLE FAMILY RESIDENCE: CHANGE OF ZONING-BAYSIDE PARK-BRAMAN CADILLAC: ROOF TOP SIGNS -PROPOSED REMOVAL BY OCT. 1977: EXTENDING CONDITIONAL USE-TAURUS STEAK HOUSE- REitOVAl. OF RESIDENCES: R-76-1090 (1st reading) R-76-1091 M-76-1092 (1st reading) M-76-1093 R-76-1094 BOULEVARD COMMERCIAL ZONING DISTRICT-C-4A ESTABLISH. Y (1st reading) APPOINTMENTS TO PLANNING ADVISORY BOARD AND ZONING BOARD: TAURUS RESTAURANT OFF STREET PARKING CHANGE ZONING OF PROPERTIES ADJACENT TO MARTIN LUTIIER KTNC BOULEVARD: FILL SUBMERGED LAND PERMIT-1627 AND 1643 BRICKELL AVENUE: REVERSING VARIANCE BY ZONING BOARD -SUBSTANCE ABUSE FACILITY: MIAMI- BOARDS AND COMMITTEES -CITY 14,1NAGER INVEST 1GATE: LEG .ISLA'TIVE PROGRA!t-coonl N ATT NG COMMITTEE - VICE -MAYOR CTBSON ATIENT; OU1]:tBLE LIFE INSUR:.'NCI'. COMPANY -AGENT OF RECORD; COMP ENS .%I I ON FOR S1i:1'T CES-I'ENS I ON BOAR) COUNSEL; CIVIL Si : \' ICE BOARD -SALARY INCREASE: 1-2 2 2 - 3 3 - 5 5 - 14 14--20 20--21 21--24 24 24--29 M-76-1095 29--36 AI-76-1096 R-76-1097-A R-76-1097-D 37--37 (1st reading) 37 R-76-1098 38 R-76-1099 38--39 M-76-1100 39--40 40 40--4 2 ,� 42---43 i= YEW fPb br ittas tittititid OP Tilt COit'i•i1SS10.i OF HIMt1 tt0R1bA On the 15th day of December, 1976 ,the City Commission of Miami, Florida fret at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order at 2:10 o'clock P.M. by Mayor Maurice A. Ferre with the following members of the Commission found to be present: ALSO PRE` Commissioner J.L. Plummer, Jr. ViedMayor Theodore R. Gibson Mayor Maurice A. Ferre Joseph R. Grassie, City Manager *L. Fosmoen, Assistant City Manager George F. Knox, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Reverend Gibson who then led t present in a pledge of allegiance to the flag. A motion to waive the reading of the minutes was introduced anc seconded and was passed unanimously. Sant. Mr. Reboso. sent. Mrs. Gordon 1 CANVASS SOUTHERN BELL FRANCHISE ELECTION: The following resolution was introduced by Commissioner Plummer, w moved its adoption: RESOLUTION NO. 76-1090 A RESOLUTION CERTIFYING AND DECLARING THE FOLLOWING RESULT OF TH.E SPECIAL MUNICIPAL. E1.I.CTION PEED NOVEMBER 23, 1976, WITH RESPECT TO AUTHORIZATION OF SOUTHERN BELL. TELEPHONE COMPANY, INCORPOR\TLD, ITS SUCCESSORS A`:?) ASSIGNS, TO ESTABLISH, INSTALL, CONSTRUCT, OPERATE AND MAINTAIN 1TS TELETHON:: POLES, WIRES AND OTHER TELEPHONE EQUIPMENT AND F:.0 ELI i 1l S, ALONG, UPON, ACROSS AND UNDER THE PUBLIC STREETS, 1 •'.:ES, A1J.1:'i S, A`.'ANUES, BOULEVARDS AND OTHER PU!,I,1 C H IGtI'::AYS IN THE; C1 i Y OF 1' i A`EI.: DISAPPROVED (Here follows body of resolution, omitted hero and on file in the Office of the City Clerk.) Upon being seconded by Corimissiouc.r Gibson, the resolution was passed and adopted by the following vote; AYES: Mr. PEummer, Rev, Gibson, Mayor Ferre, NOES: None, ABSENT: Mrs. Cordon and Mr.. Reboso, Immoor MEW miak M=K_ mmw 107c; Jhgie t T1te fist precititt would be No. 114. the total Vote for Ott beasute tots 33, the total against it taas 41. App :ox3.hately the diddle we will say precinct No. 6314 the total vote for 45, the total vote against 81. And the last precinct is No. 841, the total for was 38, tha total against 86. Mayor F'erre: Which is precinct 814? Mr. Ongie: 814? Mayor Ferre: Is that CIA Towers? Mr. Ongie : Yes, I believe it is. You want rie to ead that I'll have to check the address. 2. Mayor Ferre: Go ahead and read it. Mr. 0ngie: On that one the vote for was 1E4, the vote Mayor Ferret Total is 360? WAIVING READING OF MINUTES OF PREVIOUS 1EETING t agaittst A motion to waive the reading of the minutes of the trevious meeting t3 passed and adopted by the Commission. 3. LENGTHEN TIME LIMITS FOR ZONING AND PLANNING ADV. BOARD TO FILE EECOMEM'DATIONS WITH CITY COMMISSION: Mr. Acton: Mr. Mayor and members of the Commission this item deals with time limitations as established in the existing panning and zoning legislation. If recalled, last February the City Commission passed a number of motions that dealt with certain changes that were to be implemented by the administ:ration based upon both Dr. Bartley's report and administrative recommendations. The motion contained (the series of motions by the City Commission I am referring to) ---was that no poling of time limitations during the 31 day vaction period in August, also the City Commissions shall be able to refer an item to an appropriate Aw city department without tolling time limitations on Article 30, SEc. 8. Since the time the Commission passed a series of motions, the Commission also established the policy of hearing planning and zoning items one day a month. Since the planning and zoning hoards are suppose to submit to the City Co -mission their recommendations with a 30 day time limit, is established in the legislation, this particular legis— lation also has to be amended. Consequently we are race:mending that legislation as it deals with planning and zoning, be changed to include No. 1 that the 30 day time limit of the Planning and Zoning Board, to submit th?ir application, be changed to 60 days, No. 2 to exclude the month of August from the tolling of the tiTa limitation, and also to allow the commission to refer an application to either the zoning board or planning advisory board, and that the addition time required for this particular action not be included in the 90 time limit. Basically, is what we are are talking about Mr. Mayor. Mr. Plummer: Do you recommend this new procoduro? Mr. Acton: Yes, Mr* P gunner: Do you think it is workable? Mr, Acton; Ves, the lay, Plummer: 1 am putting you on the record PQW ' tannin,: director, 1 move its adopt ton, Mayor Ferre; Do you recommend this Mr, City 14411 ress e; That is correct si.v, yPr Ferre; Any fyrther discussion?. 2 Mtteboso et tet RDiNANCE ENTITLED: -AN ORDINANCE AMENDING ORDINANCE NO, 6871, THE COMPREHENSIVE gONtNO ORDINANCE FOR THE CITY OF MIAMI, BY AMENDING SECTIONS 8 AND 13 OF ARTICLE XXX ENTITLED "AMENDMENTS" TO LENGTHEN THE TIME LIMITS POR THE ZONING BOARD AND PLAN`iING ADVISORY BOARD TO FILE THEIR RECO'MNENDATIONS WITH THE CITY COMMISSION, TO EXCLUDE THE MONTH OF AUGUST FROM THE COMPUTATION OF TIME LIMITATIONS, AND TO FURTHER CLARIFY THE LANGUAGE OF SAID SECTIONS; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT; ANDCONTAINING A SEVERABILITY PROVISION Was introduced by Commissioner Plummer and seconded by Commissioner Reboso and passed on its first reading by title by the following vote- AYES:Mr. Reboso, Mr. Plummer, Vice -Mayor. Gibson and Mayor Ferre. NOES: None. ABSENT: Mrs. Gordon. . The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Com- ram, mission and to the public. 4. PROPOSED CHANGE OF ZONING- COMBINED AND SUPPLEMENTAL MAP OF MACFARLANE HOMSTEAD PLAT AND ST. ALBAN'S PARK -LOTS 37-40 Blk 1: Mr, Bob Davis: This is an application Mr. Mayor for a change of zoning on the property shown on the map, from the existing zoning of R-1 and R-2 to C-2A. This property was originally zoned C-2 and C-4 before the zoning was changed in Coconut Grove last year as part of the overallrezoning in that area. Mr. Clark will explain this application. Mr. Harcourt I. Clark Sr.. : Ny name is Harcourt Clark, I reside at 5800 S.W. 62n Terrace. I am a resident of Miami, basically I reside in South Miami at this point. I put in an application for request of zoning, because I would like to go into business in the area. I have submitted my application and disclosed existing ,r• blight and subsequently gave a presentation before the board. Mayor Ferre: Are any objectors present at this time? As I understand it, the Planning Department recommends approval and it passed the zoning Board by 7 to 0, unanimous vote, are any objectors present? What is the will of the commission? Rev. Gibson: Mr. Davis, you and your staff, do you remember that H.U.D. had some concerns about that property? Mr. Davis: No, sir I did not know about that. REv, Gibson: Where is you planning man? I'll ask Mr. Mr. Acton: Yes, I heard your commant:. I don't recall }1,U.D.' having'concer.n about these particular properties, Vice -Mayor Gibson. This is on Grand Avenue, just a few lots from Douglas. Rev, Gibson: I want to as1-; a question. Mr. Mayor and members of the Commission, I serve on the IIIUI) Board and 1 know that HUD had been dealing with that property, and ]: would like to know where that property rests in the HUD file. Mr. Acton: I can't answer your question at this point in time. Mr. Clark:T will bra delighted to come back. The HUD property does not co:?ze to that point. The property in question with HUD was the property west of there and subsequently some property co^iint up to I lorida Avenue . 1hntproperty that is being dealt with is not tha property that HUD was dz:ding with, to put son:. thing there at that point, ibis is one rv:rson why 1 look.ci into it before, acguirino the property. HUD is now putting some buildings on TJivals Roll and U.S, ]. this property on Grand Avenue, and Douglas Road, and the buildings that aro marked for demolition comes up south as far as Oak Avenue. Another parcel would go up as far as Froc; Avenue. Anyt:iing on the east side of the street as far a3 Grand Avenue is not included in those Vide4t ydt Cibsoft het the enlighten the commission Othert3dse I Would Dot d ue to Gibson, %4hen we had the neighborhood cote ittee for the recent change, it t.ias recommended that Grand Avenue be widened, Mt, Davis do you remember that': No you remember that Mr. Acton? Mr. Mayor I want you to listen to this. It was recommended that Grand Avenue be widened, and the idea was to widen Grand Avenue so that Grand Avenue will go from Douglas Road to the school, and the width of the street would be the same. I don't understand how the City of Miami does not know that and keep it in mind. Along with the fact, that if what I read is true, somebody needs to, ----where is Mr. Crumpton? Is he here? Mr. Crumpton isn't it true that some of this money we, the city, is getting, will widen Douglas Road, from the very street he is talking about down to Franklin: Mr. Crumpton: I don't think you mean Douglas. It is Franklin Road itself. Vice -Mayor Gibson: Go up Percival, come all the way down to Franklin on Douglas. What you don't seem to remember is, I have a house being built on Franklin. Remember when those people were here? It is strange to me. that we are not we are not pressed to see that the county goes all the way, while the County is widening Douglas Road, that the County wouldn't widen Grand Avenue to the school. One of the reasons we wanted that street widened, so that the traffic going to that school would not be as bad as it is, so we can get us some sidewalks. Remember that Mr. Davis? Mr. Davis: This was investigated by staff, and as I understand, and is second hand from me, that there are plans to widen Grand Avenue next year. This was taken into cognizance on the recommendation for this rezoning. Vice -Mayor Gibson: I want to make sure, I know sooner or later, the cost gets so, that in our areas, we don't get any improvement. If you get what I mean. Mr. Mayor 1 think we ought to ask the county to give us a written statement. I don't want those people do it. Vice -Mayor Gibson: Let me go on, so you could know what to ask. All of that road was to be widened, and all of those houses, were to go, or they would lose some of it. Mr. Mayor you need to know those lots are only about 70 ft. deep. Isn't that right Mr. Clark? Mr. Clark: Yes, sir. Vice -Mayor Gordon: Right and you are going to have to give up some of that. The obvious thing that I am not saying is, if you change the zoning before you clear that, then you end up, when you wantthat footage, you say to the taxpayers, look baby. Mr. Clark: In view of the first coementary of Vice -Mayor Gibson, has given, that wos taken under consideration. I have spoken with persons at the county, and am already prepared. :As a matter of fact, ry architect has dram up plans to give 40 ft., 20 ft. on the south and 20 it. on the north. l have acquired 5 parcels of property, 3749 being on the north, where existing building is now, that lot is 100 x 50. After having given up 20 ft. which is more th_:n rcc,uirod to be given up, I will then hevc 80. I am going to construct r.y building even snellcr in cast- soaething else have be given up, ancillary purpose, acroi`_> the strL.?t w1 rc' them' are four lots. The lots are ei,lon,,, they are 100 ft. long and 70 wide, and 70 in depth. 1 have also spoken with the county and subsequently constructed the parkin" lot to „eve up 20 ft. which will leave it a 100 it. oblong and 50 ft. in depth, after having given 20 ft. with 4 lots, which is 80 sq. ft. and consequently that is 103 ft.--it would not affart, because it will be on the side uliore the parking lot will be. I appreciate the fact that thin, rust be kept in mind, but 1 would not have gone into it and invented reire tlirin 20 thousand dollars if I did not have the right intentions, I am saying to the con:aission, to honorable persons, that whit was said here'., it ::,as tal:vn under advinctnent. I have spoken with the coi miss:ion and I say that to the zoning Board, and that is why 1 are here, I am directly in conjunction with your saying, Vice -Meyer, Mr. Crumpton: Mr. Vice -Mayor may 1: inquire, ----a e you at this time dedicating the rights -of -way along Grand Avenue, Mr. Clark: Yes, sir, I an. mt • iQ7 r Ctumptont To accomodate the 100 ft, tight -of-tdy Mts Clark:I was the director of that agency. 1 was one of the persons, — headed itp that agency in that area. As a matter of fact I taas director of twd a them, but I was cognizant of this, and without having been asked, I have already given up 40 ft.--20 ft. or both sides to acco7odate the plan. Vice -Mayor Gibson: I want everybody to understand the way in which I atn doing this. What you staff is not telling you, that I want to tell you, so we could vote intelligently, is, go to the map and show them where that street begins, show them where the school ends. I want thy cc--tissioners to watch that. Where does the street begin, where is Douglas Road? Show them where is the city where does the city limit end? Mr. Clark: The other side of the wall. Vice -Mayor Gibson: All I am trying to say, the people of that area recommended that that street be widened from Douglas Road all the way down to the school. All of the property in that area is affected. Once you change the zoning for this man, ----do I have to say the other part? If there are 25 other parcels of land, between Douglas Road and the school, I don't know what you are going to do with those other 22. Mr. Clark: I am not cross-examining, I apt just going to recite some facts in my own behalh. The property abutting the property that will be changed, is my property, and I assure you that the way the zoning now reads is, the abutting property that is going to be changed willhave to be approved by the persons abutting it. The property that Vice -Mayor Gibson is talking about from Douglas all the way down to the school, is not my property. It is already zoned C-2A.lhere are bars on that corner. What is being discussed now, in no way, in my wisdom, that would be affected, because with me being the last lot westwardly, I would not enjoin with anybody to have it changed. There is absolutely no way unless this commission changes it, that anybody west willbe able to acquire or realize a zoning change, if I were not to enjoin with then. I submit to you, if the intentions are not honorable, rest assured it would not he changed, not by my own emission, but by mandate. My property is the last lot west. That is the only lot that willbe changed C-2A unless the City Commission would allow a �.. person to acquire a zoning change in the absence of :sty consensus, it cannot he jot changed. So I. think this is a step in the right direction. I headed up the agency. I did the ground work for it, I was the person who organized the advisory board, and I bought this property with the intentions that I have looked at the master plan, and I am going to use private financing to start out with. Mayor Ferro: Mr. Clark, we have a tradition around here, that one of our own request for deferral for any reason, certainly Father Gibson has that right, and the reasons are valid that we defer this matter until wa get a further answer. That is what you want. So therefore 1 entertain a motion for deferral made by Father Gibson, seconded by Commission Reboso. A motion to defer the matter to January, 1977 was passed and adopted by the following vote: AYES: Mr.. Plummer, Mr. REboso, Rev. Gibson and Mayor Ferre. NOFS: hone. Mrs. Gordon absent. Mayor Ferro: We will sue you in January. Mr, Clerk: Gentlemen, I want to you very much, say you have been very kind to =a 5 CHANGE OF ZONING- IiAYSTD1: PARE: AMD, LOT 3--7 P,ik, 3 Mr. Plummer; Mr. Mayor so there can be no problem at a later time, I would ask that the City Attorney be apprised that T presently hive a car ordered through this cot:;any, not in my own iitue, but that of the company I represent, j,o., my funeral home. This car has been ordered since Septe,r, r, 7 sly unfortunately, because I hoped it would he sooner. This is a tradition of my company. dealing with .this company since 1941 on an every -other -year ba,is, and I a.:a as::i::g Mr„ City Attorney if you feel there is ,any conflict, I would of course abstain fro._ voting, .11=MM = MiE MW Mir .moo - Mayor Ferre; Mr. Attorney before you make that, I would like for you to see if that is true to grocerioa, and liquor stare-;, and otter places whore we may or r 1 5 1976 our ',goods dnd sett'ites hingsr Mr. Plummer: Mr, City Attorney on behalf of d,L. I at, happy to don't have tite same problem as the Mayor, when it cons to t citiot have always tried to be open and above -board. Mayor Ferre: Okay, give us your. ruling. Mr, Knox: Assuming, as I must, that this vehicle till be paid for at the egular price, it is my opinion it will represent no conflict of interest as long as you don't recognize any pecuniary or other kind of gain. Mr. Plummer: My corporation would not recognize any gain. As a tatter of fact we might have some argument, but the answer would be no. Mr. Knox: There is no conflict. Mr. Davis: Mr. Mayor the zoning Board has heard this item, and is recommend` denial. Mayor. Ferre: I notice that the Planning Department has the same recommendation. The vote on the zoning Board was a tie, 3/3 which means denial. State your name and address for the record. Mr. Robert H. Traurig: Thank you Mr. Mayor. For the record my name is Robert H. Traurig, I am an attorney with offices at 1401 Brickell Avenue. I am joined here today by Mr. Allen Gold, one of my partners. I would like to assure Mr. Plummer that I bought a car from Mr. Braman and I think I paid more than retail. Mr. Plummer: We won't discuss that right now. Mr. Traurig: T would like to to call to your attention that the agenda itc:awhich is No. 3, indicates an application by Braman Cadillac and Mr. Plummer mentioned Braman Cadillac. Actually the location which is the subject of this hearing, is on the south side of 20th Terrace and doesn't relate to Braman Cadillac. It relates to a new company called Braman Motors. And 1 call that to your attention because the development of the tracts on both sides of 20 Terrace are really similar, and 1 think they should be taken into consideration. APIt is important that we recognize that people make businesses, and people rake communities, and 1 think we should recognize that we have within our community now a new person, who is like the new guy on the block who we are glad to welcome. Mr. Braman has only been in Miami a few years and I think those of you who know him know that he has become a leader in civic life and charitable causes and in the cultural community, and now he is taking a very active role in the entire business community. He purchased Nolan Brown Cadillac a couple of years aga. Nolan Brown Cadillac, --as Mr. Plummer indicated since his family has been purchasing vehicles there since 1941, was a venerable institution in this community. It was at that location, for close to 50 years, well respected, etc. When Mr. Braman purchased, he could have naintair,::d the status -quo. He could have maintained the property in its present conJition, he could have maintained the clientele, and he could have continued the business as it was being c..•rdu.:ted during all tha period of time. But his pride and desire to create, ---and his taste, dictated to him that he should engnge in a major improver.:''nt in that area, which I think everycul:: driving on Biscayne Bc'ulevar.d has noticed. The reullt cr which is, that he has sub-- stantially up -graded the quality of the: busir.ese est.:.b1is'trents along 1.isaayne Boulevard. lie then had the opportunity to purchaee a Rolle 1'.oyce ngoacy, which was already c::istin,'. in Dade County and be could have again maintainedmaintaleed the : tatus quo and conducted bus in.'s in a di.fferc'nt. location. But because of that concern over the dovelop: nt of liscaynL Boulevard, and hecauee the llnd such good experience, wi:b the ('t•nvereion of that Veni.'rehlt' institution to an outstanding facility, he felt that the beet lance to put his now Rolls Royce agency, was on the south side of 20rh Terra::cc which would ie:-:ediately across the street, from the exietiug Bremen Cadillac, to through a nember of people made contact with the City, and for soma rt' laon, a r:ls;aiee was Ct.7'h and although he felt, and those who advised hint felt that the property was zoned for all the purpose:::, for which he would put the property, he ultimately discvere:l, that it was not zoned for automobile service, but merely for automobile selea. Prior to that he obtained a building permit. He had bogun the interior alteratioee, he had done some exterior alterations, and he was prepared to do all the thins to make this a first class agency which he deeands in which the community would benefit from, But as a result of the city inspectors diseovering that within the C-1 district, r_. tea§ t5et1V permitted to have the automobile sales, they asked him not to commence atian with the servicing and he terminated all his plans at. that time to do :he servicing for this Rolls agency at that location, tie then filed this application which is an application to •zone the property in the back of the sales portion of this building, to C-4, which permits the sales and service of vehicles. C-1 permits the servicing. It is interesting to note, and we will show you some slides in a minute, the zoning line, that the city now has, and you can see on the map that is projected on the wall, is a line which seems almost gerrymandered, the C-1 line down to a point, west of his existing Braman Motors building, further west, middle of to block and continues southward, to 20th Street. Everything that lies eastward of this line, is C-1 and everything westward is C-4. The Braman Cadillac dealership which has been in operation all these years, prior to 1941 even, is in a C-1 zone. It is grandfathered in•and it is a non -conforming use and it can operate with all of the facilities that new car agencies have, including the service facilities. This property is immediately south of it, opposite the driveway to Braman Cadillac, and it would be a logical assumption that the same uses that were permitted on the otherside of the street would be permitted on the southside of the street. But obviously that was not the case. • When we filed our application, we had a number of meetings with staff people, p"and we proposed the solution to the problem in the fore of voluntarily proffered • restrictive covenants which would limit the kinds of uses within this building and the lot next to the building. We don't want the usual C-4 uses. We only want the uses that are truly accessory uses that permit the normal operation of an automobile dealership. It is very interesting to note the language in the Planning Department recommendation, and that language is very favorable . They say we are of the opinion that the accessory uses, repair and upholstery would not be incompatible to uses in the C-1 district, if appropriately located and operated. Moreover it would appear that they are clearly incidental to the sales and servicing to net: automobiles and a change in the district use regulations, C-1, to permit on conditional use their occurence, be referred to the Planning Advisory Board. So they are saying that we ought to be permitted to do what we propose to do. They say however there is a technical" problem. They don't really want to extend the C-4 to this location. We think it ought to be extended if it is limited. We would like, after completing our Ares_?ntation, to suggest to you that there are solutions to it, other than just the rezoning of the property. One of which would be, rezone the property now. It is very important that we get it now so we can commence the servicing of vehicles that are presently 0 being offered for sale on those premises. Then when the city has ordained, through a new ordinance, the procedure by which the conditional use could be obtained, and after we have followed that procedure and gotten the conditional use, we will voluntarily reduce the zoning on our property back from C-4 to C-1.During this interim period you could be protected by these protective covenants that we have voluntarily offered to you saying that the only uses that we intend are the Uses which would be permitted under the revised C-1 ordinance. I would suggest to you that if staff were queried on this question, they would concur that that might be a solution to the problem to let an exemplary business man conduct the business that really ought to be permitted because the city indicated through its staff people before he even bought the property, that the he could conduct his business there becauao the city issued a building permit and he started construction in reliance upon that building permit. So basically, that :is the factual. situation. We would in addition, create as suggested by tha Planning Department, additional lanclscapine, we would close the back of our building so that ingress and ogress fro::: the alley that bisects the block between 20th Street and 20th Terrace, would not be used for access to this property, we would on the other hand create an opc'nir.g on tho west side of our building in this location eo we could havo our cars circulate by entering through 20rh Terrace and going out into our pnrkine lot and then out into 20th Terrace without hoeing to invade any residential nel ehhorhoad . We would as 1 indicated also create whatever landscaping the city feels, ---- and we have submitted ian, ecepe plans to the City, Wo would like to show you ser. slides so you can get an appreciation of what c es of 20tlt Terrace and we are prepared to answer quest ions. These �a Oil both sides p t restrictive cov_:u"ants incidentally include ell of tbo lots that lie bet%•:yen Lot 2 which is the Biscayne Boulevard lot, --the lot that fronts Biscayne Boulevard, and the west of the lino is lot. 7 a:td the reason we would submit the covenant relating to :our property within that area, is that we asked for the zoning all the way back to that lino, so there would not be a hiatus, that C-4 would continue up to that portion of our building which is presently zoned C-1, We as I said, can operate for the sale, of vehicles in the C-1 zone. We would very quickly show you these MENEM MEMEL ;1 7 et as this pfesetita'tioti has taken idnger than e ar tidif)atel. Mayor Ferre: Are there any questions. 1 have a questions We have oh fiscaytte Boulevard, north of this property, the main agency 1,ui1ding. Obviously Biscayne Boulevard being our main thoroughfare in Miami, along with Flagler, is going to be subject to intensive commercial development. That is what it should be. Ve always end up with these problems on the encroachment of businesses in residential neighborhoods, especially single family. On the other hand it becomes it becomes such a difficulty for somebody who is on a thin thoroughfare like Biscayne Boulevard to properly expand their business. It seems to ne in the long run we end up by following these things in this form. We end up in a lot of trouble. The thing that gets me is, it says, the accessory uses of (this is your recommendation?) automotive repair and upholstery service would not be incompatible with C-1 districts if appropriatesly located and operated, and when the use is clearly incidental to the sales and servicing of new automobiles. So you are qualifying it, saying, if it is, one, appropriately located and I think you are satisfied it is appropriately located, two, that it is incidental, that it is properly operated and that it is incidental to the sale and servicing of new automobiles and that is the case. Mr. Traurig: Yes, sir. Mayor Ferre: Then your hang-up comes in, therefore it is recommended that this use regulation C-1 be amended to permit auxiliary repair and services as a conditional uses and the amendment be referred to the planning advisory board for consideration. What you are saying is, you agree with it, but structurally you think you ought to do it this way. I was not present yesterday, but I understand there was a meeting in one of the hotels of the Economic Society of S. Florida. Were any of you present? I understand that Hunter Moss and I forget who, some of the people that were making statements got up and said, we are reaching a period in this community where the pendulum has swung so much on the protectionist side of things, that it is virtually impossible for a businessman to do business, anything new in this community. I guess he was referring to the zoning in the Metropolitan area, where it becomes almost impossible to do business. It isn't only that. We went through the Omni experience . The bureaucratic quagmire that we have to go through to get something, ---my God, if it is right, let's not take these businessmen who are willing to spend money in this community and build things and do things, and give people jobs, and get the commercial base of this cor.munity back again, why put them through this whole rigmarole. As far as I am concerned, if you say it is right, fine. Let's grant these people whatever they are asking for, and send it also to the Planning Advisory Board, to correct it for anybody else who wants to do. Let's get on with this thing. Let me ask you one thing. George, we have a new :aster Plan. What does the Master Plan do in this area? Mr. Acton: The Master. Plan indicates a mixture of residential and corinercial. on Biscayne Boulevard. Mayor Ferre:----on this property right here. Is there anything wrong with these people going out and spending their money and i-proving this thing? Nr. Acton: Absolutely not, Mayor Ferro: --provided they do all the things they are going to do, whicl landscape and etc, and will not utilize the alley, and the applicant wi1.1 i nc].ude opening in the west, is there anything wrong with all that? Mr, Acton: NJ. Mayer 1'errr.; Are any objectors here? 11nident ified parson from audience: Yes, I phjeeC,a----- a -(inaudible) Sr, Acton: Mr. Mayor can 1 rrike .ono tmatt'i':ent? We are very much aware e fact, you call it, the bureaucracy that exists. and we are trying to accon7odiate gable cc,::ra^rcia1 enterprises. So in our redraft, we are working on a redraft, of t; entire zoning ordinance, and it is our full intent to core up with vehicles. That will r.iakc• it a lot ,easier for businc'me;i to process applications, in a hi,i iy 01n0 .ified manner, of 1111111411. musta Mayor Verve: Ceot-ge, trot to do something that is wrong. `If it is wrong, i is wrong, The problem is, that what you are saying here is, it is right, and you like it, and its okay, but the book says ,--=and therefore follow the book. So what in effect we are telling these people, is yes, we are going to give it to you but we have to follow the book. Mr. Acton: That is correct. Our only comment Mr. Mayor, as it pertains to the C-4 zoning, is you know it is a very liberal commercial use, and allows a lot of types of uses, automobile body and paint shops etc., it would not be compatible with residential uses. There are quite a few residential uses to the south of the Proposed change of zoning, so all we are saying is that recognizing the fact that there are residential there, Mayor Ferre: I see your problem. Let's hear from the objectors. Mr. Drummond Paul: My name is Drummond Paul, I am here today representing `the property owners, Thomas A. Herin and William A. Herin. Mayor Ferre: Will you tell us where that is? Mr. Paul: (inaudible), Mayor Ferre: Excuse me Mr. Paul, I want to make sure. Your people own those lots where the pencil is. From a techincal point of view Mr. Davis, ususally we have ie red the objectors. I looked at this and I see nothing but blue, green and yellow, and I assumed there were no neighborhood objectors. Mr. Davis: There was one verbal objector, and that was the gentlemen he represents. However they did not mail a return in prior to the hearing. Mayor Ferre: Should you indicate that? Mr. Davis: No, we only rap those from mailed returns. Mr. Paul: He prefaced his remarks trying to show that we have a new neighbor n the neighborhood, and we are trying to be nice, and he is a nice person. I am not here to talk down Mr. Braman, but I travel Biscayne Boulevard, and my client lives next to this property, and we don't see it quite the way they have painted it. As a matter of fact, the operation of this business, they would rather have Claude Nolan hack in there. I come down Biscayne Boulevard, I see Mr. Braman has privileges other merchants, even Ns. Jordan doesn't have, but nevertheless my pitch now is to you to please consider this now as an overall, as Mayor and Commissioners, this is a request for a chnage in zoning. This moves next to the most liberal zoning that you have on the books, within 50 ft. of Biscayne Boulevard. Biscayne lbulevard, you have tried to keep a channel there, south of that you have the Omni complex. One block north of that, we have the Bicardi Building, two of the most beautiful end enhancing projects that we hr:'e hnd on Biscayne Boulevard since I have been living here, and I have been here a good time too. So the whole thing is, trying to up -grade Biscayne Boulevard by zoning this thing to C-4, you down -grade it. You make it N.E. 2nd Avenue and no time at all. The service is nothing but a repair shop. These people have no hardship. They don't own this property. My client has owned this property since 1922. They are a short- term lease. They went doen there and gut a pc»rei.t to rake alternations and put a sprinkler system in. They didn't build a hie, building. The hardship is nor there. So that is what: I want you to think of as far a; representing, and the growth �f Biscayne Boulevard, what everybody is hoping for ani trying to do with Biscayne Boulevard. There people Here today, if Rolls Royccs don't go well, let them in there, so we have Toyota or a motorcycle repair. Mayor. Terre: If we don't go for the C-4 zoning. Would you have an object ion for a conditional use, so it is limited to what they are going to do? MR. Peel; Only for one opereti.on, There people are here today and gone tprn r row, Mayor Terre; lhat is right, For what they are representing, and no more, rPaul; Then everybody else comes in and put a repair sliopt on i isayrre iioulevard. Mrs. Cordon; Mr, Mayor you night inquire how lone the term of the lease, and tttns to the same s' Fault More than that Mts. Cordon. (Mts. Gordon entered the meeting at 2:35 o'clock '.M.) Mayor Ferre: I think he is right. We are talking about your clients using this for a specific purpose. He is not in this thing to rezone it and sell the property and make a killing out of it. That solves your problem and satisfies their fear. Mr. Paul: Their operation is a nuisance. I am not happy with that your honor. But as the neighbors are concerned, the noise of a repair shop is not what residential people want. They are parking in the alley now, so you have to call the police, because a garbage truck can't go down. The air pollution of a paint shop, it is not good anyway. Mr. Plummer: As I understand it, they not advocating a paint shop. Mr. Paul: The zoning gives them a paint shop. They can do anything in there. They say service. It is repairs. That is a nice word, it is just a repair shop. use? Mayor Ferre: Mr. Paul we may just talking theory. Can we give them a conditional Mrs. Gordon: Not today we can't. Mr. Davis: Under the current law, no, sir. The applicant suggested that they file a voluntary covenant stating that when it is legally possible, to file a conditional use, they would do so. Mayor Ferre: We can't force you to do that. If you volunteer, I don't know if you want to folunteer or not. Mr. Davis: What they volunteer we can't control. Mayor Ferre: This is what you are volunteering? What is this Mr. Traurig? Mr. Traurig: I would like to identify it. That is the voluntary restrictive covenant, executed by all the fee owners and the lessees, which runs for 30 years, which limits the use of the property, only to the C-1 uses except in that area that we need for our actual operation. WE will limit also our operation so that there will be no body work, and no painting done on the property, and I would like you to know that Mercedes Benz used to have a place in this building. That was a non -conforming use which was discontinued and w' can't take advantage of that non-confor:-ing use at the present time, but it is not a new use for this location on Biscayr: Boulevard. I believe that: the City Attorney's office would sad that the restrictive covenants that we are voluntarily proffering, gives the city the protection that you would seek. We will go one step further, if you will grant us this C-4 zoning, subject to your protection by those restrictive covenants, we will at any time after the ordinance is changed to permit the accessory uses in the C-1 zone, either on our own behalf or together with the city rollback tha zoning. Mayor Ferre: It would revert back to C-1. Mr, i'rauri r:t''c' would like you to know that it is a'_.:4iolutely imperativeipeative that we get tho zoning approved today. Our franchise from Rolls Royce requires that we do servicing on premises, 1 didn't want to say this publicly, but that is a fact, and we urgc that: you give consid,.ratioa to the hind of business community that Mr, Braman re•pre_ ants:, in wanting to bring major invest: °ant into the downtown cote,. Mr, Davis; 1 want to make it perfectly clear to evoryone concerned, that -r.oning first of al] cannot be conditional, Mrs, Cordon; T have a question to ask you Bob, Ho.: long would it take the Planning Board to hear this item for conditiona1 use, and get it back tin is, air, Davis; Firiit of sll, It :iiaas to be enacted illto law; ► i cl is gp r:g take about 6 months, 10 f; J9/6 t o (that d d you tdy1 fr Davis: It has to be enacted into law. this ioint, for a conditional use in t;=1. Mrs, Gordon: That is what I am asking you. Kota lottg would it take the regulation; titr, Davis:. --about four months, ---- Mrs, Gordon: Why would it take 4 months? Mr, Davis: Because' it has to go through the Planning Advisory board, and it }as to go to the City Commission for two readings to change the ordinance. hetel rovLcin fu t Ms Mrs. Gordon: We could do it in an emergency and that would save one month. Mr. Davis: Because of advertising I can't see it in much less than that Mrs. Gordon. We could do it in two readings in one meeting in theCommission which shorten it up by one month. Mrs. Gordon: I can't understand a 4 months period of time. Mr. Davis: I want to make it perfectly clear that there is no way this zoning could automatically revert to C-1. There would have to be another change of zoning. Mrs. Gordon: We know that, but that is not what I am concerned about. I am concerned about your time element. We know one thing, no matter what action we take today on changing zoning, it has to have a second reading anyway. So it is not going to take place in one day anyway. That is fact, Bob. Unless it is an emergency ordinance. Mr. Acton through your department how soon could you get this prepared and before the proper Board? ty• Mr. Acton: It would be the 4th Wednesday in February. Mrs. Gordon: Why? Mayor Ferre: Rose, that is the way we are, that is the bureaucracy of the Mr. Acton: You only have one meeting per month now that deal with planning and zoning matters. Mrs. Gordon: You can't call a special meeting? Mr. Grassie: Yes, of course we can, Commissioner, Mrs, Cordon: Okay. l am talking about reality. What of time? Mr. Plummer: Tomorrow. Mrs. Cordon: You can't do i.t tomorrow, the day after. Rev , Gihson: Government just bothers me sometime, Maybe I am frustrated, 1f you heard what they said, and it sound reasonable, from what he said, We who are here, agree, ---I think 1 am sensing that it is reasonable, and 1 know as a hu:.iuess man you know that 6 months is just unheard of, 1 mean ridiculous. 1 want to protect your client, and here we face haldno;,'d reality, Can't we, as man of good will come to an understanding and get something accomplished, that you can live with, that: tine could live with, they could live with, Mr, Paul; Mr, Gibson, I would like to, but your our counsel tells you you can`t change thra zoning, there :is nothing 1 can do about that, Mrs, Gordon; 1 have a real concern about what 1. have heard from our department as to titdug, which absolutely astonishes me, to think that It would take 4 months to prepare an amendment to an ordinance and get it to the Planning Board and back to this cor^.Ini:-•sion. 1'e know that a change of zoning„ even if we pass this today, 11 '1: f' I Valli A go into effect today. It has to have a second reading, t•:e 'don't evtn t again in December, so we ate in January aeytcay. Now, if the Planning Department can prepare the ordinance amendment that We ate discussing, which I think is good, and valid and proper, and really the least detrimental to the community at large, because it accomodates the need of the business that is operating and I want to commend, ---Braman, it is beautiful. It really is. I drive down there every day, because I pass it from my office and I say I wish my building could look as pretty as that one. It is pretty. And you do need to have the accessory uses and I want to do it as fast as possible, and I want to do it with the least detriment to the community. The reason why 1 don't cotton to this temporary zoning, Bob, is because it sets a peculiar precedent which somehow goes against my grain. I have worked in zoning a long time. We have seen each other across the table and we agree and we disagree on different things at different times. If it is the only way, if this department can't work within 4 months framework, --then that is the only way. But I would hope there was another way. What do you have to say now? Mr. Acton: It could be back with the City Commission around the first of February. Mrs. Gordon: That is more like it. Therefore you have a difference of about'' 3 weeks, from one procedure to another. Mr. Traurig: I think what we would have to do at that time Mrs. Gordon, then file another application because it would have to be an application for conditional use under the revised C-1 ordinance. Mrs. Gordon: That could come up simultaneously. Mr. Traurig: We want to do whatever is the right thing to do. I would stress to you though, that we have a very serious problem with Rolls Royce, and Rolls Royce says we must have a service facility there. Is there any way that the City would permit us during this interim period to operate under any kind of temporary permit? Mr. Plumper: Mr. Traurig, if you were given approval today of what you need 'regardless of what it is, how long would it take you to put it in actual operation? Mr. Grassie: 1 understand if you decide to go for the C-4 zoning, you have to go to two readings. If you assume you have one reading today, you can, and assuming this has been advertised for public hearing, and I understand it has, you have a meeting tomorrow, you have a second reading tomorrow. The question is whether or not the covenant is something you can accept, and let the City Attorney interpret that. Mr. Plummer: t;liat I was thinking, on occasions there have been given temporary C O's, waiting the final completion. If we withhold a final C.O. until the completion of this other vehicle, that needs to be done, wouldn't the city then be protected? Bob? Mr. Davis: This temporary C.O. thing I am going to stay out of Commissioner Plummer. I will leave that to the law department. Mr. Plu:Tver: We all want to meet the sarnc:. end. Mayor Fcrre: On the one band I sense that everybody on the commission sees the justice of helping Braman Cadillac get their Rolls Royce franchise and put grcc.n around there, and not use it fur a paint shop. On the seconds hand, we Lore scared of e,:te'ncting C-4 Into that area, because that sets a prc'ce d 'nt_ and .i t creates a prv'.r em, Oa the third hand, everybody including the department, let's do it, but do it through regular channels. The regular channel takes 2, 4 or 6 months, hut by that time., we Mrs. Gordoa; We Brought it down to February Tat, Mayor Ferro; I want to ask a simple question, Mr, Ae.:ton, .Is there any wa can leave it C-1 and give them a waiver based on a voluntary c,ond.tipizal Tvs. 'fiction? Mr, Acton: The anewer would come from the law department, 1'' Ayor Vette. Ceorge? Mt, Knox? Can we waive, -=-and give then 4 -use of it? Me, Knox: As I understand it, there is no provision in the regulations which ottld allow this kind of use. I might add however, under discussion about the testtictive covenant that was proffered, the city accept these encumbrances upon the property owner's property, record it and then, have an enforcement available to the city in event of a violation of these covenants. If there is a C-4, granted, -with the C-4, the property owners agree, by this covenant which is recorded it the public records of Dade County, to encumber their property in this manner, in a tanner which would conform to a C-1 use. That would be a pursuit. Mayor Ferre: Let me ask you a second question which is in conjunction to that, if we grant them C-4, with this voluntary covenant, once the new C-l-goes into effect could the department bring it back to the commission, for a rezoning on C-1? Mrs. Gordon: Yes. It could be initiated by the department. Mayor Ferre: And you would warrant, as part of your covenants, that y only are not going to fight that, but you agree to it. Mr. Traurig: Yes, sir. we would. Mayor Ferre: That way we eat our cake and keep it too. Right? it legal? Could you put as to one of their voluntary deals? Mr. Konx: Yes, sir, they can volunteer to add that to their covenan Mayor Ferre: There is a solution to your problem. Mr. Traurig: Let the record be clear. You are not enclosing that unless. Wearevolunteering it. Mayor Ferre; Yes. If you volunteer that, then what is there to talk about? (Unidentified person) I don't know what you are colunteering. Mayor Ferre: We will let you look at the covenant and assume you would agree to it. What he is further volunteering is, that if we go into C-4 now, with all these volunteered restrictions, when C-1 permits what they want to do, which will be 6 months from now, then they will come back and petition the rollback to C-1. Okay. What it does Mr. Paul, is it saves 6 months for these people. Mrs. Cordon: Mr. Acton, I have a question. 1 need a clarification.During the time that you are developing an .amendment to the ordinance, can an application be made on that same amendment prior to it, being enae.ted? In order to save time, can an application on a yet unenacted amendment be accepted and processed simultaneously with the enactment of the amendment. Mr. Acton:Mr. Davis will. answer that for you. Mrs. Gordon:I don't care who answers it. Mr. Davis: We have handled these things befog Mrs. Cordon: 1 know you have. Mr. Davis: tie accept the application for :the proj)o'ed iSv eh+'tree and t it is heard by the zoning board, ---the first meeting :after it lets been p t5s and adopted by the. commission, Mr, Plummer: We have done it vhero 11av i amendment, the item right after it, Mrs, Cordon: The ~:lute day, Mr, Davis; Mat is correct. Mrs, Cordon: We could have this arnendmeDt ee tie 1300 S a this Piipatiet approved by February, and that is not 6 months Bob, V'eete: Whet is the trill bt the tot issiott? av, Gibson: Sit, you see the Predicament We are ink' (Inaudible) Mr, Traurig: That is not so sir. The restrictive.covenants ate sighed by all the owners. Not just by us as lessees. Rev. Gibson: Let me ask a question. You see the predicament the company is in, and you are a reasonable man, we do, ----Rose pointed out to me, and t agtee with her, ----I share your concern about extending that zoning, but we want to give the people some relief. Now, if you would join with us and with them, we could proceed and not extend that zoning, yet accomplish what they want, and all we want to do is get it done, aid get it done respectably, legally and you don't have to fight it later on. Sir, let me say this, our Mayor has the greatest capacity of coming up with a solution. We could defer that long enough for you to read it and then go on to the next item, and when you have read it, tell us. How about that? Mr. Paul: All right. Rev. Gibson: Okay. Mr. Mayor may I make a suggestion? Give him enough time to read and we will take the next item,then when he is ready. VARIANCE - ADDITION TO SINGLE FAMILY RESIDENCE: Mayor Ferre: This item is an appeal to deny a variance granted by the Zoning Board. The applicant is Athina Caralis, and Martin Davis. The Zoning Board granted the variance, the Planning Department recommended approval for the addition. Are there any objectors present. Three objectors? Is the applicant here? All right Mr. Davis, come before us Mr. Davis. Mr. Bob Davis: The appellant, Mr. Mayor, is represented by this gentleman. The appellant is Mrs. Athina Caralis, who is the next door neighbor to Mr. Davis, who is show in yellow up here. The Zoning Board granted Mr. Davis' application for a variance. Mrs. Caralis objected at the Zoning Board hearing, paid her fee to appeal it to you, and is in this position now. Mr. Bruce Alexander: For the record ny name is Bruce Alexander, my law office is in the Biscayne Building, Suite 315, Miami, Florida and I represent Athina Caralis, who with her daughter is the present owner of a 8 unit apartment, building immediately to the north of the subject property. Mr. Plummer: The present ordinances call for (possibly overlooked) that all people that testify before this commission be sworn. Mayor Ferre: All people? Mr. Plummer: In reference to zoning. Mr. Davis, em I correct?, Mr. Davis: Mr. Commissioner and Mr. Mayor I don't know the law on this The law department should answer that. Mr. Plummer: As I recall in the past all people have been sworn that .heir testimony is correct. Mr, Davis: Sworn at the Board level, I don't remember them belne sworn the commission level. Mr, Plummer: Maybe I zm getting my 12 years confused, Seers like to ;.n� we have always sworn them, and I see nothing wrong with swearing; them here, if we swear them at the lower Level, Mr, Davis: This would he a matter of procedure, I believe, Mr, Plummer: It seems like to me a procedure, I'll stand corrected, Mr, Knox before the next meeting, I would like for you to fool: into that matter and let me go further, that if is not a natter of procedure, anyone testifying,' in zoning hearings, that it be an ordinance drafted to do so. Mayor Ferre: Let me tell you this. I have sat on this board as Mayor for 3 years, and 4 years as commissioner, and I only recall once that somebody was 14 egad anybody being s<,aorft in el ;Mt& PlUmmet: 1 see nothing iatong with it. Mayor PErre: ¶hat is the point? Do you Want these people sword it At this .tt ? Mr, Plummer: There must have been a reason to enact it at the lower level Which presently it is. It puts them on record for possible perjury. t.Ye had a couple of incidences where there were cases of perjury. I see nothing wtong With anyone testifying in a zoning case before this co -mission, Mayor Ferre: This isn't a grand jury, This isn't a court of law. This tan wants, --- Mr. Plummer: Mr. Mayor I am not speaking to this individual application. Mayor Ferre: This man wants to add a little thing to his single family hietise. He has an attorney here and people object, and you are going to put these 'poor people, the man is going to have a heart attack. Mr. Plummer: Sir, would you accept my apology. I was not speaking to you application. I am speaking to the overall. Mr. Alexander: I represent Athina Caralis, who as I previously indicated with her daughter, owns the 8 unit apartment building immediately to the north of the subject property. My client's property is the most significantly affected property in the neighborhood, insofar as the zoning board's resolution is concerned and the resolution in question that was passed on September 13, at approximately 11 o'clock in the evening on that day and the last matter coming before the Board that particular day, permits Mr. Davis to add an addition to his single family residence bring to him a variance from the 9 ft. side -yard set back requirements under ordinance 6871, Art. 10 Sec. 3 (2) (a), and Sec. 3 (a) of the Code of the City of Miami. It also grants to him a variance from the otherwise controlling 20 ft. back yard set back requirement by the same ordinance. In point of fact the board has ratified, (post- ) 1: must add, the addition to the residence by grant to him 5.5 yard setback requirement, and a 16 ft. back yard setback requirement. Before I commence with my clients presentation, I would like this commission to consider several exhibits I will now hand out, copies of which 1 have for each of you, except for the original photographs which I hope will be passed amongst you. Each of you now has a diagram of the subject property in its relation to my client's affected property, as well as copies of 10 signatures from residents and owners of property in the community who do stand in opposition to the granting of the variance by the Board. In addition I have 4 sheets of paper which have 4 photographs, that last of which shows a composite of a series of photographs, those original photographs will be passed amonsst you and it shows the relation of my client's apartment building and how it is viatlly affected by the already -built addition to Mr. Davis' single family residence. The Board on September 13 did approve by a vote 6 to 1 the addition and by the way the addition, prior to Board apprival had already been substantially completed. The addition in question has been represented to the Board by Mr. Davis, especially in his written statement accompanying his petition and primarily in the transcript of hearing before the Board of. September 13, has been for the purpose of an extra bathroom to accomodate his growing family. But the honest anseer is, from a view of the photographs, and perho ins inquiry of Nr. Davis, that this is not an r,dd ition for another bathroom to accomodate hie fa eily but ret1 r for the purpose of r.•neing out to persons not members of his family. As a matter of fact in his w:itt. n statement in support of hie petition, he states and I quota,"I do not believe that the granting of this variance would he harmful in any way and would allow us to accomodate two visitors or renters comfortably and a lot and building as shaped, ----it is not possible o move to another l.ocat ioa." If you read a transcript of the tcstir:.ony given before the Board on September 13, -the direct inference was that this was to be it bathroom to accomodate his family. 1;nidentified person: Nr. Davis was this a bathroom to accomodate your family .pr are you going to rent out that? Mr, Davis: It will accommodate the family and visitors, We have visitors from pgota,Columbia, like that months at a timme. It is my wife's sisters and brothers, like that, They won't be there all the time and we have a child 5 years old, bandicapped. If we run across someone who would be a help in taking care of the child, while 1.. work, we might have someone not related. 1 5 Gibson. If it is the property I saw, sit the property 1tetat :his tnants house ate apartment houses, isn't that true? Fft,Alexandert Yes, the affected property is zoned R-5. It is not only high density multiple residence area, but an extremely eye -sore. Rev. Gibson: I want to make sure the public understands. This man has a single family house. All the buildings around this mean are apartment houses, literally. Every one of them. This man only wants to add % room which would Mean like another bedroom. Let's assume it is a bedroom and not a bath room. Mr. Alexander: That is most important, Reverend. Most important. Rev. Gibson: All right. Let's assume it is a bedroom and not a bathroom. Ali I am saying to this commission, if that man were like some other people, that man would be building an apartment. I was amazed when I went out there and Bata it. And I saw the gentleman. He couldn't believe that I came to see what his problem was all about. I said, sir, show me what you are talking about. He showed me. I want to say to the cocmission,----- — Mayor Ferre: Col Wolfson, sometime you and I talk about whether or not the City of Miami should continue. There is one reason, --I want to ask you, how many Metro commissioners you know, have actually gone out to see a little house in a neighborhood, to visit it, to see it. Rev. Gibson: What I am saying sir, please, ---don't misunderstand me. I was really disturbed that here is a man, in a single family home, especially, let's take his age. He certainly be doing that much harm. If he really wanted to do us in, he would in there and build an apartment. I think I had better put that on. Mr. Alexander: Certainly let him put an apartment on that property if he complies with this municipality's code. Everybody else would. Wouldn't he, if he tore down his existing single family residence for the purpose of wanting to put up an apartment building? So there are code requirements concerning new structures, and for that matter, additions on to existing structures. This city's code does require a 9 foot side yard set back requirement and a 20 ft. rear yard set back requirement, the variance of which has been granted by the Board, which we stand in opposition to, as a result we have the appeal today. Be that as it may. Take a look at the photographs. If this structure is a bathroom, for Cod's sake, why is there a door leading out from that property directly facing my client's property, directly in view of the lower apartment to. 4, as well as apartment unit NO. 2 above, and as a natter of fact, Mr. Faye the tenant presently occupying the lower apartment has given notice to my client that he is leaving because of this structure and the placement thereof is now blocking his view. Not only that,where is this door going to lead to? It is leading directly out facing my client's property. It permits people using for ingre,s and egress, only a 3 ft. pathway up to Iny client's property line, if they step over that they are trespassing on ny client's property. So I questioa whether or not it really is a bathroom, and in honesty T really don't think it is a bath. Mayor Ferre: You have made that staterent already. Mr. Alexander: In addition thereto, although my client appears here alone with her daughter:, and her daughter could Like the opportunity of. addressing the members of the Commission. There are 11 people in all, ---10 others who do and have filed their written objections, and they kne.: what they objecting to as the original of the paper, or exhibit, that is being p:i:,sed around. They are objecting to the granting of the variances, to the ot:ierwiso controling sot back requirements. Mayor Ferre; We would like t listen to the lady if she would like_ --- Mrs, Pat Caralis: My name is 1'at Caralis, I appreciate the time you are giving to ma, I Jive at 708 N,E, 24th Street, I have li.v d there 25 years and T know what the co:rvI:unity is like, and l am disappointed in the co:munity. Our particular street was a lovely bunch of homes as Rev, Gibson says. And now it is apartments, What we are objecting to, and forgive me for reading, I am not a speaker so I am going tp read what 1 have objected. 16 :Fiat arse a coupe of things I object to as an owner of a house) as of this city and community) and the United States really. The variance ri.s granted for a construction which has already been built, prior to the Zoning Board ever knowing about it. It had been built several weeks prior to that, It Vas built without regard to any of the ordinances requiring a perrhanent,or ordinances requiring certain building codes, safety, health and fire hazards. This structure was raised illegally I feel, and by accepting I feel that the 2Oning Board sanctions further trespasses of the law and undermines the very basic purpose for which 'the board and its commissioners exist, and that is to protect Miami and its citizenry from unplanned, unsafe buildings. The section in which we are located is already considered high density.With such crowded conditions already, to grant building which further creates a crowding, Contributes to creation of real ghettos. We talk about the Boulevard, we talk about the 0ini project, we talk about the Bicardi Building, ---this is right downtown. If people were to take a ride around the community there and see how really crowded it is, I think you can see that we have changed projects, done projects in areas around Jackson Memorial Hospital , and yet we are creating ghettos other places. I think this creating ghettos is a real hazard to this beautiful city. The closeness of this construction has already devaludated my apartment building. I told you tenants moved out. You of course realize tourist come to riot -die for its openess and cleanliness. The building code that stated that 9 ft. is required for a side yard and 20 ft. for a read yard depth, and that structures Cover less than 30X of the surrounding area, written for a purpose by intelligent people who realize that Miami msut be protected from un-planned construction and overcrowding. To grant evcrn one variance to this rule, to me, is to destroy the purpose for which they are written. I, like of the people in Miami, derive most of re income from tourists. If they are driven away by unsightly, hazardous cluttering, they won't rent. If they don't rent, most of us can't make a living. If we can't make a living we can't pry the property taxes which help run this community. I feel this construction was build without planning and consideration for their neighbors. I sympathize with Mr. Davis. I agree, he has a family, he needs room for, but he is crowding everyone else. You say this is one sr::tll room. But I say you are granting a variance to one srrall room, and you grant a variance to every other person there, and you sanction Chem building. First he build without permission. That is saying to them, build what- ever you want, anytime you want to, and go ahead and crowd Miami. I agree and feel strongly that construction of this building should be nade to comply with construction code. The new construction of this building is 5 ft. 5 inches from the building I am concerned with. The only building is 3 ft. away. The door we are talking about,opens towards our property. There are people who live there. Maybe they are apartments, but they live that and that is their home. If the people :r. Davis is talking about cone out of that door, they will be trespassing on property. They will be destroying the privacy of the people that live there. One person has already left He also at the zoning Board meeting professed, this was a bathroom, again, we say if this is a bathroom, why does the exit doorhave to be towards our building. If you see in the picture's, there is an entire yard for which a door could have been built. If this is meant to be for his family, that door seuld have been open to his yard. He has an entire yard, lots of roost and yet that door is made to come to our property. Therefore it is rrtking for much more crowding and match rore problem;, in terms of privacy of people. I a:.; a taxpayer and I work very hard to earn a living. I worked very hard also to contp]y with the laws of the City and the State of Florida. I feel this is a community, and our repro:;entntives are commissioned to see that everyone abide by the law. 1 am a doctor and vork at Jackson Memorial Hospital and I know chat ghettos do, and I see a real epidemic of not only disea e but crlre in our, city. if you come to the beautiful section that once was 24th Street, you willsee that the crime has increased, You will sue that the crowding ha'_; increased. ,Mayor. Ferro; You should have bean a lia,yer instead of a doctor, Mr, }'at Ciralis; I feel very strongly about this. I. realize Mr. Davis' predicament. But 1 also feel, having livc d in that co::.'iunity for 25 years, that it is being destroyed, one little inch by a time. And it is gone, Mayor Ferre; Thank you v.°ry much. Any other objectors want to speak? I happen to sympathize with Mr.. Davis and his predicts ent, but Mr. Davis unfortunately -----you know, ye are country of lams, and wa do have regulations. You started bur idin. on that without going through the property procedure. You are encroaching on others rights. I sympathize with you from a human point of View. I kind of feel sorry for you arts I think you are right. 0n the other hsnd, I think the neighborhood also has a I an a little bit concerned, because the neighborhood happens to be l f MeT MIk ME a bunch of apdttments, you ate the only house there, 1 art AfPa'tti the wisdom of Solomon to make the decision. Where 1 sympat)iite t4ith human point of view, but techincally, the lady is tight. Air►PLummet: Mr. Davis, who built this building? Mt. Davis: Sergio O'Reilly. Mr. Plummer: Is he a contractor? MY. Davis: He is a private contractor, a squall Mt. Plummer: You say he is a contractor? Mr. Davis: Yes. Mr. Plummer: Did you discuss with him at all about drawing permits? Mr. Davis: I told him that. I said the contractor of us have to get a permit. They went ahead and started it, with not permit. Some guy, I don't know his name, was there with us, and I said, without a permit sc,:.ebedy will have problems when the inspector comes along.One of the guys said the inspector called me; I could not understand that. Mr. Plummer: What was his last nave Mr. Davis? Mr. Davis: O'Reilly. Mr. Plummer:O'Reilly. Mr. Davis: The other guy was just a bystander, visitor. I thought he was in on it. I am sorry that happened that way. But now, Mrs. Caralis went to the neighbors, telling them what a bunch of bums we were, stuff like that, you know, and she insists on putting trash across the line on my frontage to begin with, and between her and here tenant still happens. She has a tenant over there now,that puts both garbage and trash in the same bag. Mayor Ferre: Mr. Davis that is not before us. How long have you lived in this property. Mr. Davis: Since 1969. Mayor Ferre: This is your home? You live there with }dour Mr. Davis: Yes. I pay taxes on that. Mayor Ferre: That is not what is before us. We have to wind this up.' Mr. Plummer: Mr. Davis the one question that sticks in my mind, if this is a bathroom, why does it have to have a door. Mr. Davis: Well, you don't get 25 ft. back in any place without an exit. Mayor Ferre: It is time, to make a decision now. Rev. Gibson: I understand what you are saying an 1 would be opposed to door opening to the fence as you indicate. T want to 1.7.e a clergymen this time. 1 hope you would not mind, let hits have his ruo-, hit: c1o.le that opening on the north, and open a door on the inside of the prprrty, which would be to the south. 1 find myself in an .awkward position, Ihey violated tho law. There is no question about that. They had no right to even cut thtt footing without a permit. I find it hard, out of charity, to do to this gentleman at his age, and I know bow you feel, I think I would want to co7prunise by closing off that door, make them close the door, and open the door to the seeth, so you don't have to be bothered with theta corning in that alleyway, *1c-r..:ean your property there, Mrs, Caralis: The siguaturos on that petition, there are homes around Mtr, Davis' property. (inaudible) Rev, Gibson: Doctor, you would concede, let's assume you have about 3 hordes in that block, thereabout. You will concede by an large, the preponderance of build frtgs Are relatively hew and they ate Apartbehtsv Nv4 thct `'take 'yeui building, at-td that mammoth building going Up across the Stteetr t, you retn tti' that Brand new, Men still Working, Mrs, Caralis: Our building is over 25 years old, Rev. Gibson: If it is 25 years of age, and it is more than a single family dwelling, --then when you come out from his house, going back on the street, all those buildings are apartments. Is that right? What I am trying to say to the commission, Colonel. I want you to know how serious we take this business. All I want to say to the commission, the surrounding buildings, by and large, with exception of about 3, are not single family dwellings. Mr. Mayor, unless there is further discussion, I am going to offer this Motion. I am going to offer a motion that the variance be granted, with instructions to the building department that this min, Mr. Davis, close that door that opens on the north wall of that room and that he opens a door en the inside of the property so his neighbors do not have to endure, those people walking between there. Mr. Plummer: Seeing Cookie Silverman sitting up there, 12 years ago when I went on the Zoning Board, Jerry Silverman said to re, you know we are really not a zoning Board, we are pardoning board. And I have never seen more words true. I vote yes. Mayor Ferre; I vote no. I happen to think that Mr. Davis has a good cause but I am swayed by the argument that was presented by the Doctor. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 76-1091 - A RESOLUTION AFFIRMING THE ZONING BOARD GRANT OF VARIANCE FROM ORDINANCE NO. 6871, ARTICLE X, SECTION 3 (2) (a) AND (3) (a) TO PERMIT CONSTRUCTION OF ADDITION ON EXISTING SINGLE FAMILY RESIDENCE ON LOT 16, BAY BREEZE (7-77) LOCATED AT 2330 N.E. 7TH AVENUE, WITH A SIDE YARD DEPTH OF 5.5' (9' REQUIRED) AND A REAR YARD DEPTH OF 16' (20' REQUIRED); ZONED R-5 (HIGH -DENSITY MULTIPLE) DISTRICT CO;.DITIONFD UPON THE BUILDING D :PART`ILNT REQUIRING MARTIN E. DAVIS, O:d'NI:R OF THIS PROPERTY TO CLOSE DCJR OPENING ON NORTH WALL OF THE ADDITION AND CONSTRUCT A NEW INSIDE ACCESS DOOR (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Mr. Reboso, Mrs. Gordon, Vice -Mayor Gibson and Mr. Plummer. NOES: Mayor Ferre. Mayor Ferre: The notion passes, 4 to 1, and we go to the next item. Mr.. Plummer: You might be finished with the item but I an not. Mr.Mayor through this commission to the administration, I think it is only proper that you immediately launch an investigation and find oat c:'ay the contracting license of Mr. Sergio O'Roi.11_y should not be lifted, that this city should pursue such action to try and stop this in the future. I'll offer that in the form of a motion. Mr. Reboso: Does this man have a license? Mayor Ferre: Who knows? Mr. Plummer: The inform:tttoa 1 have, be is a Rev. Gibson; 1 will second the rnotto,►t if xhe to investigate. tlr',, t'l.ummer, That is :eY etly what T said, Wkly;or ',erro; An4 ropo,rt 'Ina to ;tltc' .�otnrt;is. 19 r:- 976 111101M.- mait JAMMEW Sf Amir e 1 gulag bat' to adoption: dfatlii§si6fie'titit'i MOTION NO. 76.4092 A MOTION REQUESTING THE CITY MANAGER TO INITLATE AN INVESTIGATION THROUGH THE BUILDING DEPARTMENT TO DETERMINE THE PACTS BEHIND THE ERECTION OF AN ADDITION TO PROPERTY LOCATED+AT 2330 N.E. 7Tti AVENUE WITHOUT BENEFIT OF A BUILDING PERMIT Upon being seconded by Commissioner Gibson, the Cation was passed and adopted by the following vote: YES: Commissioner Manolo Reboso Commissioner ,Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor Theodore R. Gibson Mayor Maurice A. Ferre Norte. Mrs. Athina Caralis: I am Athina Caralis, I am 28 years there. Mr. Davis is a late buyer for that house. I never had trouble.There is not room for extra rooms, bathroom or rental apartment.He was watching when we were away three weeks, and he built it over night. I want to put in a washing machine but I never do it without permit. I lose two tenants. Mayor Ferre: I agree with you. Mrs. Caralis: I want to build a washing machine, --they don't build it for me, because I go legal. I don't think you should grant it. I am going to get up and sneak too, someday, because I need washing machine for my tenant, but I am not allowed. Mayor Ferre: We will see you here one day with your application. The builder broke the law. He has to answer for it. Thank you very much. , CHANGE OF ZONING - BAYSIDE PARK AMD - LOT 3--7 BI.R. 3--BR MAN CADILLAC: Mayor Ferre: We have something pending. What happened to Mr. Traurig? Is he; here. Mr. Traurig: I am happy to announce to you Mr. Mayor that Mr. Herrin and Mr. Paul have been extremely cooperative and that we have offered to do this, to revise our restrictive covenants, so that prior to the title you have second reading we will have proffered to you a revi.:ed restrictive covenant, containing not only these terns but these following additional tert:s. One, we would limit tite use of tha property so wL could not have a paint shop, two, we would limit: the use so we could not have a body shop, three, that We agree that at the time, the city has co -plated the revisions of the C-1 ordinance, we would voluntarily submit an application to rollback the zoning on the property, so that the City wouldn't oa its o:r:1 application have to do that, and four, I would like you to knew, this application was signed by all of the property owners, whose property nr. Br.i, ran would occupy, there vas ono lot, the western uost lot, which was not included, which is not Mr. Bra::an's lot, --we have agreed that in this interim period between today and the second reading c•:e will submit to Mr. Herrin a 'put', --- in the event the owner of that lot, would violate the spirit of this understanding and build on that C-4 lot during the period tive you are ena:t.ing the revised C-1 Ordinance, we would buy his property for 2OO ; of its cppraised value. That was Voluntarily submitted by us. We are doinY that in the spirit you can recognize, BEN', Gibson; Mr, Mayor may I ask a qucstlon? S;.r, you agree with him? Unidentified; Yes, R v, Ci bsoiu i of f r it; dip, Plummer; 1 0_11 second It., 20, 5 1976 Tlf Settd trnurig:. I§ it 'p06§1' ending? Mr, Plummer: The second tending is going to be tehofttith you to get it to him before tomorrow, Mayor Terre: Tomorrow moring we will tart you up fi ttr.Traurig: We will have it. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE N0, 6871, THE COMPREHENSIVE 20NING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 3 THRU 7, BLOCK 3, BAYSIDE PARK AMD (2-40) BEING APPROXIMATELY 255 N.E. 2OTR TERRACE, FROM C-1 (LOCAL COseDIERCIAL) TO C-4 (GENERAL CO?L'ERCIAL) ; AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT FLAP MADE A PART OF THE SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION Was introduced by Commissioner Gibson and seconded by Commissioner Plummer and passed on its first reading by title by the following vote: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Theodore R. Gibson Mayor Maurice A. Ferro AYES: NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Com- mission and to the public. 8. ROOF TOP SIGNS -PROPOSED REMOVAL BY OCT.1977: Nr. Mitchell Wolfson: Commissioners, Mr. Grassie, Mr. Knox, I apologize for being here today after herring all the old problems. I have another one for you. As you know, you have an ordinance that gave a certain number of years for roof signs in the City of Miami, to be eliminated. This period of time has expired. Whit we are askin3 is that this ordinance be revised because, whether the sign is on the roof, if it is prop.rly built, or whether it is on the ground, seers to us to rake very little difference. We are not :taking for any change in zoning. If there is a roof sign in a:z area v`tich is not zoned commercially, it should be removed. Piet just bocanee is is on a reef, doesn't seem reasonable that it would have to be rt wavd, and oer company has sole 40 signs on roof, with an investment of some 400 thouse:i'. dollars. Perhaps at the tine when this ordinance wes passed, it was thoeeht ti.''r in the ea:.e of a hurricane the sign might blow array. Butt the sins today are so c:; structed, for the economic value'., that the panels are removed whenever there is a hurricane and so there is nothing to blow avay. Since this is such an economic h-rdship, I would very much appreciate it if you can see in your wisdom, with all _he other problems you have, to change that roof sign ordinance so we can continue in business with this very important ingredient of the, Mrs. Gordon: Mr. Mayor 1 htve to abstain. I fall in the same category as Co]., Mitchell. Wolfson on my property. So 1 think I rust abstain from taking any position on this items. Is that right Mr, Knox:? 1 have a piece of property which I own, which is affected similarly as Col. Wolfson is describing on his property, Therefore I am going to abstain from this. Mayor Ferro; She has an economic gain because she owns property that: jai:os money pn roof signs, If she votes for it, she is voting for hersalf, Mrs, Cordon: Actually I don't lease the sign the out, it is a part of a lease of the tenant in the building and it does affect his business, Consequently, which l have financial interest so 1 am trot goitg to voter Revs GibsontMr, Mayor let me ask a question, 1 don't know the teasonittg' bind the ordinance. Can we do one of two things, can we extend the time Of ft We have a public hearing. J.L. you know more about that. Mr. Plummer: I can fill you in on some background. This thing goes back over since 1 have been on the Board and the Commission. It has be a very coot versial issue as Mitchell would readily admit to, right or wrong. Father this was put forth I think under a 12 year amortization to allow leases to run out, and for signs to be withdrawn and taken down. There has always been a great deal of controversy both pro and con on this issue. To answer your question as briefly as I can, I think it is within the purview of this commission at any time on any subject to hold a public hearing, and as such this commission is free with its latitude to make changes, enact new ordinances, Change old one or modify them, To answer your question, I think yes we can have a public hearing, we can after that public hearing modify, and I think that answers the question. Rev. Gibson: Colonel, would it help solve your hearing hoping that at that time we could make some adjustments and changes and all that? problem if we had a public Col. Wolfson: I think Father Gibson this is such a minor thing, provided none of these signs are in the area which is not commercial, which the signs ought to be removed. As far as I am concerned, there is any area where we have a sign not zoned commercial, we will remove it. The difference between the sign being on the ground and being on a roof, provided it is properly built, and the panels can be removed, doesn't require a public hearing, and I was trying to keep from making a big deal out of a very small adjustment which was fair and right. Mr. Plummer: Mr. Knot{ should be answering this, but I think under the present ordinances, it is mandatory you must have a public hearing. Mr. Knox? Mr. Knox: Yes, sir. Mayor Ferre: The question is to set a date for a public hearing at which we wi.tl hear this matter and let the public have opportunity to express themselves. Mr. Davis: Mr. Mayor., for revision of the zoning ordinance,which this is a part of, should go to the Planning Advisory Board first. Their next available meeting is, Mr. Plummer: It has to go through the same procedure. Col. Wolfson: It did go to the Planning and Zoning Board. Mr. Davis: For the revision it has to go to the Planning Advisory Board. Their meeting that is open at this point is the 3rd Wednesday in January. Then it would come to the commission following that. Rev. Gibson: In the mean time what does it do to the people who are involved? Mr. Davis: This would be at your discretion. You to withhold prosecution. could ask the Building Departs nt Mayor. Ferro: Either that or give them an extension for three months, or whatever it is. Mr. Davis: I don't know, This would be sor.:eth4n3 be involved in, as far a; this discretion,—--•---- 1r, Acton: Those signs do not have to be amorti you have lots of time to take any action, Mayor Ferro: The twelve year period ends in October? Col. Wolfson: You have submitted this to the Planning Advisory they put it on the agenda for today, How did it get on the agenda, Mr, Davis; This is a personal appearance before the City Commission. not yet been the Planning Advisory Board for a revision of the ordinance, It has Our law ides that any revision or the Boning ordinance has Lo be protessed by the lAnnittg Advisory Board first for their recommendation before it COmes to the City Commission, It has not been up for public hearing yet4 Col. Wolfson: Let me tell you about one thing, I know, whether it is the City of Miami, Dade county, Miami Beach, New York, ----we all have financial problems. One of the laws that the federal government passed in regards to this, is something I wanted to remind you about, and I want to remind those members of the Planning Advisory Board that are here, the passage of the federal highway beau- tification act in the Florida law, implementing it, raises an additional serious question as to mandatory compensation. Failure to pay compensation for billboards, required to be removed, particularly those adjacent to primary and interstate highways, even though the removal is required by local ordinance,will have to be paid for. This situation I am talking about, these 40 boards, have an income of approximately $300,000. a year. I don't want the city to pay any part of that. We have enough problems, we don't need that. What we are asking, of course we have to go to the Planning Board, because that is where the law is. I hope we can all see our way clear to permit these Boards to remain in a commercial area, where there is no residential area. I might just say this too. I might he this would be important. I bring this up because there are other people in the business, that do things, that will bring out those problems. There was a recent ordinance in Denver, that was declared unconsitutional and the billboard people in that city , and the officials of Denver were able to agree on a compromise and the enactment of a mutually satisfactory ordinance to avoid further protracted litigation, thus saving all parties considerable time and expense. I for one would very much like to see a whole now ordinance come up because we don't want to see billboards on every corner, we don't want to see billboards next to each other. There should be sore reasonable ordinance that would permit the business to remain but at the same time be regulated. As far as regulations are concerned, we encourage the use of regulations, so billboard are eliminated by competitors in other media, who want to eliminate them, and yet cost the city a lot of money, which is absolutely unnecessary. So I throw that out as a possibile suggestion. Mayor Ferro: Colonel, I would like to tell you that the City of Miami, in the 7 years I. have served it, I know of at least 2, maybe 3 studies that have been made. George, when was the last one? About 2 years ago? 1970. Mr. Acton: 1970 I believe Mr. Mayor. Mayor Ferre: I spent a half an hour with Paul Andrews once on that. Mr. Acton: Not on the sign ordinance itself. The last time we did that w Mayor Ferre: What was the end result of that? Mr. Acton: The commission passed a resolution at that ttn tonot take any action on the existing sign legislation. Mayor Ferre: It got pretty hairy. You think you have problems with the Co]. Wolfson:Let's see if we can solve the roof ordinances, liquor laws. Wait till you see this one. Mayor Ferro: My advice is, I would perhaps hold a public bearing on the roof ordinance, and I think you bad better hold off that other one for a while:;:' Co]., Volfson: Thank you very much, 1 sympathi7,e with your problems, Mayor Ferro; Is there a potion to hold a public bearing on this item.' r fl 1r4„1 moved itt adoption MOTION NO. 764093 A MOTION REFERRING TO THE PLANNING DEPARTMENT THE MATTER OF THE ROOF SIGNS PROVISIONS AS CONTAINED IN ORDINANCE NO. 7338 14RICR REQUIRED THE REMOVAL OF SAID SIGNS NO LATER THAN OCTOBER 19, 1977 AND TO INITIATE PROCEDURES TO EFFECT PUBLIC HEARINGS ON THE SUBJECT Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Vice -Mayor Theodore R. Gibson Mayor Maurice A. Ferre Abstain: Mrs. Gordon. 9' EXTENDING CONDITIONAL USE-TAURUS STEAK HOUSE-REMOJAL OF RESIDENCES: Mr. Davis: Let me explain Mr. Mayor. This is the Taurus Restaurant, three years ago they had an application approved for a parking lot shown in yellow. The parking lot in yellow, was petitioned for and received with the condition, that the houses remain on that lot, with a review befcre this commission in three years. The three years have elapsed, the departments cf Building and Planning have inspected the property and recommend your further extension for three years. Mayor Ferre: You recommend that? Mr. Davis: Yes, sir. Mayor Ferre: Any objectors present? The following resolution was introduced by Commissioner Reboso moved its adoption: RESOLUTION NO. 76-1094 A RESOLUTION EXTENDING RESOLUTION 2;0. 73-965 (PASSED AND ADOPTED BY THE CITY COMMISSION ON DECE:BER 13, 1973) BY EXTENDING THE REQUIRED TIME FOR REMOVAL CF TWO RESIDENTAL HOUSES ON THE PARKING LOT AT THE TAURUS STEAK HOUSE, FOR A PERIOD OF THREE YEARS (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: Mr. I::boso, Vice -Mayor Gi and Mayor. Ferre. NOES: None. ABSENT: Mrs. Gordan an: Mr. Plummer. J0. BOUL.EVARD CO'<<4LRCIAL ZONING DISTRiCr - C- A-FSIAY.ISHING: Mayor Ferre: Establishing a new zoning district C-4A Boulevard Cormlerclial, The Planning Advisory Board recommended it: by 6 to 0, Planning Department rcoorrm ?tided approval. Mr. Acton. Any objectors present for this proposed ordin.-i-.:e? Mr.Acton: Mr. Mayor and numbers of the Commissien the C-4A proposed zoning ordinance, is to be applied along M,L.I:. Boulevard fro 1-95 to N.W. 17th Avenue, The ordinance is based on Model Cities conference- of plan, and a series of meetings were held with citizens and members of the M.L.K bus'.ness community. The ordinance is designed to encourage the growth of small businesses and residential uses along the Boulevard. They will compliment the extensive wfliening and beautification of the boulevard, As the: commission remembers, the City of '.'.i_:::i and Dade County both passed bond !um - Li to improve M.L.K. Boulevard its full lent th. Thera is one unique feature in the boulevard ordinance. It does create what is caled a transitional zone, The purpose of this zone is indicated on the proposed zoning map, is to provide additional space behind the commercial lots for expansion of facilities along the boulevard 1 ij/U for either offstteet pat1ihg of aped 'spate) the othet t tli4ue feature of the orditance is that it does provide Mandatory retail use at the intersections of the arterial streets, or some 400 ft.from major arterials and 200 ft, from secondary arterials. The maps you see before you are a series of maps that were drafted and used in our public hearings at the Planning Advisory Board. They indicate the existing zoning, the existing land use, the proposed zoning, and also a graphic illustration of how both the C-4A zone along the Boulevard and the transitional use zone that lies between the Boulevard and 61st Street on the south and the Boulevard and 63rd street north, could be utilized for residential, commercial and open space purposes. The real intent of this ordinance is to encourage along the length of the Boulevard, the growth of both small businesses, and residential uses, that will compliment the extensive landscaping that is to be provided along the length of the Boulevard. So without any further discussion, about the objective of the ordinance itself, I refer you to the ordinance as proposed, which is No. Page 8, and starts off with an intent section, that delineates the objectives of this district are, goes on to use regulations which list the permitted uses along the Boulevard. These permitted uses are quite similar in almost all cases to the uses that presently exist along the Boulevard. You will note there are certain conditional uses. The conditional uses listed provide for residential development that does not include at ground level any commercial uses. Since the intent of the M.L.K. Boulevard development is to provide a retail shopping core for the Model Cities area. It was felt that retail uses should be encouraged, but as a conditional use, residential development by itself can be permitted as a conditional use, under certain conditions. Additional conditional uses or some types of controls were felt to be needed. It included hotels motels, night clubs, supper clubs, gasoline stations, wholesale and storage facilities, mortuary, bars, taverns, lounges, and parking garages. Section 3 of the ordinance deals with the transitional use zoning, and it was our intent that this particular area that lies behind the C-4A area could be used as additional area to expand either the residential or commercial uses along the Boulevard. You will note that the transitional use zone dots provide as a mandatory requirement a 20 ft buffer zone, from adjacent residential areas. The permitted uses in the this zone of course include those uses which are already there and are included in the existing zoning, plus off-street parking to compliment the shopping facilities, and any useable open space that might be required in connection with residential developments. The conditional use part of the transitional zone, deals with any structures that might be built on that land. The transitional zone is indicated by the graphic display in front of the commission, that shows how a structure could be used, —the transitional area. The important thing to remember is that we have very T strict controls in the transitional use zone to protect it and make sure that the structures in that area would be compatible with compatible with the adjacent low density, single family areas. Such as, the structure rust be at least 50 ft from the lot line along either 61st or 63rd street. We have taken every precaution to protect the adjacent residential area in this proposed district. Section 4 is a standard section which deals with limitation on uses, and included in other ordinances. Section 5 is frontage requirements which states that at least 50Z of the ground Level must be occupied by retail uses, again trying to encourage the establishment of small businesses along the Boulevard. Section 6 is the area requirements again, pretty much standard as contained in other parts of our zoning ordinances. Section 7 is yards. which provides that must be a 10 ft. setback from the Boulevard unless an equivalent amount of space is provided within the development. Also, it states that where residential portion of a mixed use type of building, has no windows along the side lot line, there will be no window openings. Mr. Plummer: George, let rie ask you a question. Any objectors, ---- Mr, Acton; Two people, Pl_unmer; You want to (inaudible) Mr, Plummer: Mr, Acton I am assuming that this has had a public Mr. Acton; it has had two Public hearings, Mt', Plummer; I am also assuming that the community has Paid in r al they want it. beard, or you are an objector? 25 DEC 1 i 1916 Acton: tasicaliy,,=-there aft certain objectors, Mr, Plummer! Maybe this man has a problem that we can straighten out be ething, but I don't see the teed to go back and rehash this whole thing if this is what the community wants, Really, what is the problem? Tat is your problem? Mr. Seymour Simon: I am Seymour Simon, I am an attorney and I represent ten Cum. My client owns most of the property in the block adjacent to the expressway. We have already built our property as warehouse properties. We have 8 warehouses that front on N.W. 62nd Street, and we feel we should be excluded entirely from the district. We are not here to discuss the merits or demerits of the district as I indicated to you . We are here to ask that the district end one short block prior to the expressway and not necessarily go all the way to the expressway. Mr. Plummer: Let's ask Air. Acton. Here again I think he would grandfathered in wouldn't he? Mr. Simon: We are grandfathered in. Grandfathering is not enough because there are exception in the grandfther clause. Where our buildings are already there, use it for certain periods of time within 6 months, we had rather be let out of the district. Our buildings are only 4 years ol.d. We have built them and developed this area and, we have not new business coring to the area, --we have already come and put our money there. We have built, and are now quite nicely operating warehouses which are needed for the area, and we feel that the property up the Boulevard can end a block before the expressway instead of going all the way to the expressway. These buildings are already built and finished. We are not talking about them. Mr. Acton: In answer to his question, the boulevard widening and beautification is for the entire length of the Boulevard within the City of Miami. We have excluded most of Mr. Pumo's warehousing operation from the C-4A district. Most of the warehousing operation exists on the first block adjacent to I-95. If you will notice there is only a small portion of that block, the frontage portion along 62nd street, which is included in the zoning district. Mr. Plummer: According to that sir you arc not included. Mr. Acton: He is excluded except for the small portion along the boulevard itself, which we felt was mandatory to compliment the future beautification and widening of the street. Mr. Simon: WE have no objection to the beautification and widening. Our objection is to the changing use of our property. We are not here to object to the beautification or widening. We feelwe should not be rezoned from what we are not. We have 8 space there rented and used, and we feel we should not be rezoned, and that is what we are asking, to be excluded. WE have no objection to the beautification or widening. Mr. Plummer: Sir, let re ask this question. Maybe I am too practical. I don't consider warehouses to be a beauty. zone. Mr. Simon: We didn't say they were beautiful. Mr. Plununer:What I am saying is, we are trying to Mr. Simon: nut you can end it a block sooner, Mr, Plummer.: Yes, if someone else comes along, they wi.1 ask another b]oclk, and it is the old domino theory, If in fact sir, you are grandfathered in, -- up -grade this Cotnhat Mr. Simon: Wo are, - Mr, Plummer; Then you are not losing anything mono tartly. You can still continue to operate. I have to be truthful with you. If I had T.y choice I would not give you the grandfather, But it is not my choice, You have that protection by law, and I am going to tell you personally, you can do whatever you want with the front of those places, but they are still eoiug to look like warehouses, I think you have good protection, you are not p,o4_ne, to lose any money. You can continue to operate. 26 penury someday we can buy them from you and finish its but at this 'time'vit .an't. I think you have all the protection you need to continue to operate. We ate not legislating you out of business and I think really what you want to hear is, the guarantee that you are grandfathered. I think that is 'really what you Want to hear. Mr. Simon: I knew we were grandfathered. Mr. Gary Simon: My name is Gary Simon and I am also an attorney, 603 A'insley Building. In terms of the ordinance itself, this ordinance you have it front of you was not in front of the Advisory Board. There are some 13 changes, at least that the Advisory Board did not read, and have notice of. I would object to this ordinance being brought in front of you at this time, because they did not approve them. Mr. Acton: Mr. Knox, can answer that. This draft is based on whatever Was`'` passed by the Planning Advisory Board. Mr. Plummer: Let's make the record clear sir. Are you indicating by these 13 changes that some of them you have objections to, or in fact, there are just changes. Mr. Gary Simon: They are new items that were not in front of the Advisory Board at the last public hearing. I do not know enough about planning and zoning to know whether the Advisory Board would object to them or not. Mr. Plummer: You are a very fine lawyer. I understand. Mr. Davis: Mr. Mayor if I may answer that, they were not in the draft form at the last hearing of the Planning Davisory Board. However the Planning Advisory Board in adopting the draft that was before them, made certain changes verbally, which were incorporated in the draft that is before you. So it was legally passed and is in the minutes as you see it of the Planning Advisory Board as being legally adopted and recommended by theca. Mr. Simon: I can only restate what I said, that they seem new items to me. I was there at the meeting the entire time. Rev. Gibson: Mr. Davis, this is strange. You were there representing us. Mr. Davis: I was one of the representatives of the City, Rev. Gibson: Did you see this man? Mr. Simon: Yes. Rev. Gibson: Listen to this. This is one of our representatives. He said I was there, this is what was said, this we agreed upon. You cone here and say to us, you never heard this before, never saw it before. Mr.Simon: Some of the items in it, correct. Mr. Davis: Everything that is before you today, Commissioner Gibson, in the minutes of the Planning Advisory Board and adopted as a resolution, Rev. Gibson: Tguess you understood what he said? Mr. Simon: I can only repeat myself that. I disagree saying. Rev.. Gibson; I have to rely upon tlxe staff, Mr. Plummer; I will likewise, unless you show re that it is Pot in the mi.Dutes, I will have to accept Mr, Davis' as being correct, Mr,Simon; This proposed amendment is attached to the minutes. Okay. But the ordinance tl.at was presented at the public )bearing is different than thi ; ono in those 13 respects, with what Mr. Plummer; All of that behind us, Do you have any objection sir? 4f1 Mimott: i have a major objection to the eta}• the district is defined. lc it d&tined as pursuant to this diagram and a copy of it is on the wall. The property is located right here, and the two units here,(i.ndicating.) Mr. Plummet: There are stores on t1-e north side and then that drug rehab Center is on the south side. Is that correct? Mr. Simon: Right. (inaudible) 11r. Simon: there are 8 on the south side and 2 on the north side. Those are the ones that we are asking that they be not included in this district. for the reason, the ones on the south side, it is all one continuous building where there is a walk in door and an over head door. The bottom half of the face of the building is brick and the uper half is painted white. There is a grass area in front and bushes along the bottom edge. They are not your normal warehouse. It is a nice looking building, with brick, painted white. Mr. Plummer: Sir, will you client still have the right to operate? Mr. Simon: He would have the right to continue the existing uses and he would have a 6 month leeway period, but if any of those buildings should be empty for more than 6 months, those 10 units, --then he would no longer be grand - fathered in, and he would have to invest thousands of dollars in changing the facing of this building in the inside, because they are shells, and people who need an overhead garage, and a doorway have the use of them. In the back there is another overhead garage, so they have entrance from tba back because there is a parking lot running all the way through the back of them. It is not the kind of building that you can easily transform into retail. These retail are going to be right next to what the existing uses are. It is such a unique package, where they all look the same, they are all used the same. It is only a small number of units. It is right next to the entrance to I-95 ar.l will act as a buffer and no one who is going to stand right next to the entrance ramp of 1-95 and put in a retail shop. There is too much traffic right there. There is a stop light. It is amazing how busy 62nd street is now because the other two entrance rasps were closed off of I-95 and it is going to become busier. This area does act as a buffer and we question what retail shops are every going to be a part of that block right there. Mr. Plummer: The answer is if you don't do something there is never going to be any retail shops. Mr. Simon: But we are talking about because of I-95 which is always going to e there, no retail shops are going to come there. Mr. Plummer: I understand what you are saying. Mr. Simon: I would like to get back to tha definition. It is defined pursuant to the map, and I don't think the map is a sufficient definition to rezone an area. It would seem to me you have to use a metes and bounds description or you have to use a block description. Mr. Plummer; I don't disagree with you sir. Mr. Mayor are you ready for a motion? I make a motion that this be approved, and the interim time between now and the second reading, that a riore clearly dofin:.d boundary be setforth so there can be no misunderstanding, that we pass It n..; on first reading in its entirety and before the second reading we will have clearer delineation as to those properties involved. I so move. Mayor Verre: There is a motion and seoortd, call the roll., MT, Knox: Shall I road it? ap- ME 1976 ENTITLE a AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY ADDING A NEW ARTICLE VVI-1 BOULEVARD COMMERCIAL, C=4A DISTRICT, PROVIDING FOR INTENT, USE REGULATIONS, TRANSITION USE AREA, LIMITATIONS ON USES, FRONTAGE REQUIREMENTS, AREA, YARDS, HEIGHT, USABLE OPEN SPACE, FLOOR AREA, PARKING AND SIGNS; BY REPEALING ALL. ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERIBILITY PROVISION Was introduced by Commissioner Plummer and seconded by Commissioner Gibson and passed on its first reading by title by the following voter AYES; Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Com- mission and to the public. 11. APPOINTMENTS TO PLAT 1NG ADVISORY BOARD AND ZONI::G BOARD: Mayor Ferre: I have no problem in reappointing the people there. I am talking about Selma Alexander, Grace Rockafeller and Jerry Silverman. Now with the new people. I have no problems with Grover Walker. I don't know Mr. Walker but I understand he is recommended by the Chamber o Commerce. Mrs. Gordon: I have had the pleasure of meeting and talking to him. He is a young attorney, very bright. Mayor Ferre: I have no problem with him. Mrs. Winston Wells, is she here? I don't know Mrs. Wells. I know she is a school teacher and etc. I think in the PLanning area, as you know, Waldo Silva from Latin builders has requested, and I think we ought to have a Latin there to replace a Latin who is leaving. I also feel that in a case of the zoning area, where the person who is leaving is a Latin, one of them is, and we don't have any Latins here. I would like to request that we leave that one vacant until we can get a Latin. I have no names in mind. Mrs. Gordon: Mr. Mayor I believe this was duly advertised, and when you select people for a board of this type, you have to consider people who have a desire to serve, NO. 1 and NO. 2 that they have some background. I would like up to follow the procedure we have followed in the past, which was, we wrote down the names of the persons from the list sub-'itted to us, for each of the two boards and those that received the high number of votes in each category are automatically appointed. I see no reason for diffring in that regard today. Mr. Reboso: Rose, this is one reason in my opinion, Latins didn't file, because Mr. president of Latin builders' association, was filing' for the zoning board, Mayor Ferre: He did file for it, --- Mr, Reboso; But they say in this communication here, he is not eligible,' Mrs. Cordon: He I.s not registered to vote in the city and I think if We do things like this, we are being totally unfair to the community, We went to have proper representation, but proper notification was given, I don't think it is a fair situation, to ch'unge the rules in the middle of the game, We have always done it this way and I see no need to change it now, I think we should alp what we have always done and that is vote on the names before us. Mr, Davis; l might add Mr, Mayor if l May, on this that the procedures 29 riyit ook- ,led in the advertisements and in the presentation of Names to you tstete of d' t:rordittg to the code and were limited it this by the code itself, Mayor Ferret Are you telling the that you are specifically going against the recommendation of Spanish speaking community who has specifically requested an appointment and due to a technicality we are not able to fill it. If you want to do that, ----- Mr. Davis: The Code is very precise on this definition Mr. Mayor. Mayor Ferre: What is that ►tr. Davis? Mr. Davis; --that they must be an elector of City. Mayor Ferre: I realize that. Let me go over this carefully. We have fetter here, all of you have them, recommending, ---Progress for Dade wrote And Latin Builders wrote another recommending Mr. Augustine Alvarez. It so happend Mr. Alvarez is not an elector, therefore he is not qualified. Mrs. Gordon: Is Mr. Silva a Latin? Mr. Reboso: Yes. Mayor Ferre.: And he is replacing a Latin it the Planning Board. What we are trying to do is the same thing for the zoning board. I think that is only Might and just. Mrs. Gordon: You want to change the ordinances then. I don't think we 'treed to change ordinances at the time we come up for voting. We do it according 'to what is proper and right and it is time for us to start acting in that way. Mayor Ferre: Let me finish what I am trying to say, and that is, that these people have a recommendation. They didn't give us 10 recommendation because they all agreed to come up with one. We have given the black chamber of com ner.ce the right, -----the opportunity and they have come up with a recommendation. Mr. Reboso: Rose, may I say something? Mrs. Gordon: I am going to say what I want to say, and I am going to say I don't vote for color, or nationality, but the qualifications. And that is what - is important. Or sex, either. Mr. Reboso: We should know who is qualified, and who the closing of the qualification period. Mrs. Gordon: It is a sad situation if there is group of people that get together and decide on who they want to make for their nominee, I think that is absolutely wrong. If they have done that they didn't have enough information to' supply them, or have gone to the bother of finding out what the qualifications were to be on it, that is their mistake. That's not ours. Mayor Ferre: You don't seem to mind that with Grover P. Walker, Mr:;. Gordon: I know Grover P. Walker and I have nothing to do with the organization that is sponsoring, him. I know his qualifications, and if I vote for him, and I am not co.urniting myself to any specific vote at this tire,' When 1 do it on this piece of raper, that is;when I will put my votes down. Mayor. Ferre: if you will permit me to finish the statement 1 started, 1 ant going to fini ;h my statement, that is, that if the Latin builders, and the other groups had known of the qualifications needed, they would not have recommended Mr, Alvarez.They would have recommended Mr. Bill Freixas. Okay. I think Mr. Freixas is eminently qualified fur that post, Unfortunately they did not know the regulations. I am therefore rec.); mending, and this is my opinion, 1 an saying it on the record, into the microphone, like you are saying it, that in my opinion, you need to have balance in this community and you need to have blacks, and you need to have women, and you need to have Cubans, In my opinion a person who is resigning from that post is a Cuban -American, Mrs, Gordon: That has nothing to do with it, is not qualified before EU t— It MU E 1_ s; • 30 Mayor Ferret it has a lot to do with as far as I am concerned. I am speaking i` tine, trot for you. And I am not interrupting you. 1 am trying to finish my state - Melt and my statement is, that I think we should permit the opportunity for this at any other Latin, and I don't have anybody in mind particularly. I will vote for anybody I think we should maintain a Latin in that position, just like I think we ought to have a black in the other position. It is reasonable that we do it that way. I think there are plenty of Latins in this community, plenty qualified. tars. Gordon: I would like to call to your attention a matter I brought up year, after year, after year. Because, if you will check the records, you will find absenteeism on both boards. I have asked and recommended that there be two alternates. If your concern is as it is, and obviously sincere, I believe you can solve that by taking my recommendation which serves a worthwhile purpose and that purpose is, that there always be a full board. Because in many instances there is not a full board and items have to be deferred which causes a great deal of problems to the department and to the applicants who come to be heard, either for or against the proposition. So if you are so concerned why not go along on that method. Mayor Ferre: I will certainly go along with that Mrs. Gordon. But that is not what I am talking about at this point. (inaudible),-- you vote your conscience and I will vote mine. Let's get on. Mrs. Gordon: Okay, let's vote. We vote for the first board, then the second. Mayor Ferre: I give the gavel to you and I make a motion that we change the rule of order,---- — -I make a motion now, that in the case of the city of Miami appointments to the zoning board, that at this time we only appoint two people due to the fact there was confusion with regard to a Latin applicant, and open the opportunity for other Latin applicants to apply, therefore extend that one for 30 days, the same process. Mrs. Gordon: Mr. Knox is that legal? Does that abide by the ordinances as they are written, or is this a convenient measure that is being implemented today. Mr. Knox: It wouldn't be necessary today,Mrs. Gordon, to fill all the vacancies at this meeting. The ordinance provides that the board shall be appointed and as I understand the Mayor's motion it was that two position on one board be appointed at this time, and not make the 3rd appointment until some future time. Mrs. Gordon: My question to you is, regards a more specific reason. Is it legal for this board to defer the full appointments based on national origin. Mayor Ferre: I am not making it on that basis. Mrs. Cordon: That is your comments that were made prior to this and reason'. for deferment. Mayor Ferre: That is my statement that I made but it was not contained in my motion. I did not salve in my motion any statement as to any nationality, acial background, creed or sex. Mrs. Gordon: Are you denying then, that you made the previous statemen Ain I dreaming I heard you say that. Mayor }Ferre: 1 arm not denying; Mrs. Cordon, I am saying itis only fair and just to do it this way. I said I move you Mr. Chairman that at this time e only ma'::e two appointments to the zoning board. period. That is my motion. Mrs, Gordon: 1 have made myself very clear. I believe that the reasons stated by the Mayor prior to his raking the motion, indicates a reason for the potion and the motion, is, in my opinion, incorrect, undemocratic, unfair, to all the people who applied and in my opinion it should not come to this table. It should be tabled. It should not at all go into the public record as being a reason for not making appointtrants today. That motion should not come for a vote, It should be a tabled motion. Rev, Gibson; You will not appoint, Mrs, Gordon; I would not limit the appointments to tvp people, h'a haVe s,ifficiont numbers of people have applied. Some. I know, some I don't know. But MIT Mow 31 dti _�,,pri AGA, +3:*kii`a+fi+1w` M1•i�.:.x1�"�7.}.�•s.a:.:. aVe applied* i don't believe we thou1d 'belie the Latin we want oft the list. Mayor Terre: Call the toil. The following motion was introduced by MayOr adoption: MOTION NO, 76-1095 ...tp_ ti..ci�.::.N z�ti.:•.c,Sure;,,.•.;w:tiJ.-Av: L(�t.; :, A MOTION DECLARING THE POLICY OF THE CITY COMMISSION VAT ONLY NO APPOINTMENTS TO THE CITY OF MIAMI ZONING BOARD WILL BE MADE ON DECEMBER 15, 1976 AND THAT THE THIRD APPOINTMENT TO THIS BOARD WILL BE DEFERRED TO A LATER DATE Upon being seconded by Commissioner Reboso, the notion was passed and adopted by the following vote: AYES:Mr. Reboso, Mayor Ferre, Mr. Plummer, Vice -Mayor Gibson NOES: Mrs. Gordon. ABSENT: None. Mr. Plummer: Let me predicate my vote by stating that first of all I am very unhappy that more people did not offer themselves for public service. Second, after I take the list which has been presented to me of those people who did, the memo dated December 10, from Ralph Ongie, these other people in my estimation, and I had hoped that it would not get to this, are not well known to me, nor their qualifications, their background, we then are left, if what I understand, with three people who are eligible for the one position. I will accept the Mayor's motion, under the pretense and clearly understood, that it should be reopened to invite, encourage, additional people to participate in their city government, but that in no way, shape or form, am 1 bound by anything other thatn selecting from the new group, hopefully new group, the person of my choice. I vote yes. Mrs. Gordon: I move that the entire matter be tabled until the next commission meeting, ---that the whole matter be deferred. Mayor Ferre: There is a motion the matter be deferred, is there a second? Mrs. Gordon: 1 am deferring the whole matter to give the Mayor the opportunity to have the public , which has not responded, to respo:id, if that is the indication tllat I have gathered from the conversation that prececit:d the previous motion. Mr. Plummer: Unless 1 am out of line, the procedure is out of order. Mrs. Gordon cannot make a motion to defer an item which has already passed. The motion hpn passed, Rose. I think the only motion in order would be to reconsider, which would lta‘e to core from the prevailing side. This is already done and passed. Mrs. Gordon: What are you talking about? Mr, Plummer; The vote has already been taken , Mrs. Gordon; What are you talking about? 1 au taking Om , Pa l D ; nirt rs. in total, Mr, P].ununer; The Mayor''s motion has already passed, MT$, Gordon; He wants two instead of three? f ', Plummer; That is right, Mrs,, Cordon; Okay, We pan go tg •anotlie ottPn uh :g'h gars 'P'`''dQn anything today, f. 1166-til tut you tau/t do iti Mt. Plummet: It has to come from the prevalitg side, the totioh to tecotsidet. you Made that motion prior to the ton Mrs, Gordon: I don't care one way or the other. I have made my point& Anybody dbesn't understand the way I feel, should know by now. Mr, Plummer: I make a motion at this time that the appointments to the Planning Board, Mrs. Gordon: ----must be in writing and on a ballot. Mayor Ferre: Let's do it the way we have. Here is what we are going te dO, Take a piece of paper, put on top of it Planning, and write 3 names of people you want and sign you name on the bottom and pass it to the Clerk. Mrs. Gordon: Also make it ballot No. 1 because there may be mote than one. Mayor Ferre: Whoever get the top 3,--- Mr. Ongie: These are for appointments to the Planning Advisory Board, Commission Gordon votes for: Alexander,Rockafeller,Langdon Rogers —Commission Gibson votes for: Alexander,Rockafeller,Silva---Mayor Ferre votes for: Alexander, Rockafeller,Silva---Mr. Reboso votes for:Alexander,Rockafeller,Silva and Mr. Plummer votes for: Rockafeller,Alexander and Silva. Mayor Ferre: Alexander gets 5 votes, Rockafeller gets 5 votes and Silva gets 4 votes. Those are nominees for the Planning Board. Mrs. Gordon: Langdon Rogers gets one vote. Mayor Ferre: You want to make it unanimous or not? The next one is zoning. Would you write down your zoning on top. Write two names, and sign your name and pass it to the clerk. Mr. Ongie: This is for the Zoning Board. Mr. Plummer votes for: Silverman and Walker; Mr. Reboso votes for Silverman and Walker; Mayor Ferre votes for Silverman, Walker; Father Gibson votes for Silverman and Walker; Mrs. Gordon votes for Silverman and Walker, and Dunn. Mayor Ferre: You can't do that Mrs. Gordon. I know you wanted you way, but the point is that this commission has gone on record that we will only have two. I don't care which two you pick. Mr. Reboso: Mr. Mayor, N. Dunn is not qualified. Mrs. Gordon: I want the records to reflect my choices. Mayor Ferre: Which two do you want to vote for. Mrs. Gordon: I numbered them 1,2, and 3. Mayor Ferre: I see. 1 and 2 are Silvorman.andWa11:er,. Mr. Ongie:Yes, sir. Mr, Reboso: She is not a registered voter. Mrs. Cordon: She is. There is evidence bore, that she is a registered voter. MR. Reboso: 1 haven't received that affidavit, Mr, Davis: Mr, Mayor I have been requested to bring up to you again the ratter of compensation of the hoard ilimbers, This was passed by the commission in intent only, to raise choir compensation to $200,00 a month, Mayor Ferrp: We are not into that yet, 1 think we need to have a motion to readvertise for the vacancy, and same prescribed way and period and etc, n a c. 'MOM tt would he my suggestion Mayor Vetret Call the toll, Mr. ttebosot That's an excellent idea, The following motion was introduced by Commissioner Cibso dyed its adoption: MOTION NO. 76-1096 A MOTION DIRECTING THE CITY CLERK TO RE -AD :RT Fr Fiat SUBMISSION OF APPLICATIONS AND RESUMES IN ORDER TO FILL ONE ADDITIONAL VACANCY ON THE CITY OF MIA<MI ZONING BOARD Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Mr. Reboso, Rev. Gibson, Mayor Ferre. NOES: Mrs. Gordon. ABSENT: Mr. Plummer. The following resolution was introduced by Commissioner Plummet moved its adoption: RESOLUTION NO. 76-1097-A A RESOLUTION REAPPOINTING SEI DNA ALEXANDER=+D GRACE ROCKAIELLAR AND APPOINT WALDO V. SILVA AS MEMBERS OF THE CITY OF MIAMI PLANNING ADVISORY BOARD (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Vice -Mayor Theodore Gibson CommissionerRose Gordon Mayor Maurice A. Ferre NOES: None. The following resolution was introduced by Commissioner issioner Pltnnme' moved its adoption: RESOLUTION NO. 76-].097-B A RESOLUTION REAPPOINTING GERALD SILVERMAN Ar.D APPOINTING GROVER P. WALKER AS MEMBERS OF 111E CifOF M.TAMI ZONING BOARD (Here follows body of resolution, omitted hore and on file in the Office of the City Clerk.) Upon being seconded by Co:::missioner Reboso, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr, REboso, Rev, Gibson, Mrs. Cordon and Mayor Ferro. NOES: None, ABSENT; None ABSTAINING: None. Mr. Davis: I have been requested to bring this r.::a_ter back to you on the matter of compensation for th^ board. You have in your package, a review of the board compensation for oilier boards in the county, Some are completely voluntary and some are paid expenses. There are no board which reach the compensation of our planning and zoning boards. Mr, Plummer: Basically Bob we are talking about going back to the old figure ----is that what you are talking about': Mr, Davis;All I am stating Mr, Plummer is that these are only boards in tl)e county that are being paid in this amount, It is not my position, believe me, 34 J ., r- ue :.proposed to go from $iMc . A Motith t.t $2061 A h tlii Davis: I just want to state the fact that this $19,800, tote pet yea th we don't have. Mts. Gordon: I didn't know until I received this information that the city was contributing a sum of money, $42.00.—what is that? Insurance? Mr. Davis: To pay their group insurance. Mrs. Gordon: I didn't know they were receiveing that iti additietL Mr. Davis: Most of t'.,e Board members are participating in our group insuraiiee ptan, which is a further benefit. The city pays part of the group insurance. Mrs. Gordon: I didn't know that and I voted for the increase, but I didn't know at that time that we were paying this additional money. When these two boards were originally split, they were split with the direct intention of riot raising the cost to the City of Miami, and for that reason, and recognizing the public service involvement in being a member of a board, the honor that it gives the person who has that appointment, we at that time, took up as a ratter of consideration of makeing two boards, to make the compensation $100. per month. I don't know how many meeting per month you are calling on these people to have, ---how many meeting? Mr. Davis: Two regular meetings per month. Mrs. Gordon: How many additional meetings? Mr. Davis: The Planning Advisory Board had about 4 or 5 additional meetings this past year. Mrs. Gordon: During the year? Mr. Davis: Yes, ma'am. Mrs.Cordon: How late are they working when they come to these meetings? Mr. Davis: Hopefully we out at a nice 9 o'clock hour. It has run as late as 4 A.M. Mrs. Gordon: Otherwise, it is 9 o'clock? Mr. Davis: 10 o'clock, hopefully 11 o'clock, in that range Mrs. Gordon. Mrs. Cordon: I don't know how the other members of this board feel, of this commission, but I think we might have to reconsider whether we raise these salaries at this tine because I think it quite important for us to put an additional alternate p_r:ber on which would cost hardly a fraction of what you are talking about here and have the service available to the board, than to just promiscuously double the compensation. So I ate not in favor of it at this time. Mr. Plum:pr: 1 have to put my objections Rose. I have objections to forming a bull pen. I really do. There has been rare occasions where there hnven't been 5 members of this commission. Are we going to get the same adoption here and have a bullpen of a spare members. I have a gut feeling, if you appoint somebody, and the'; don't show up, than by Cod, replace then. Mrs. Gordon: It is not just that much of a simplified matter. 4r, Plummer: Rose wlwn you and 1 were on the Zoning Board, we were tbore and we never had any trouble. Ctrs, Cordon: that is right. *'.any times there were not complete boards, Not because of your actions or mine. fer.:bmer Mrs. MoCrainer, how frequently she was ill, These things happen to people, 1 think perhaps this additional. compensation matter ought to wait until we know where the money is coming from, With us having to cut back and save pennies, ---what we are facing right new l.ti our city, my Cod, we ought to be real careful about spending more money, 35 t' bavis.'fhe commission passed a t,oLion of itttent. 9t lids tesoitution Mayor Perre! Is the resolution before us at this tine? Mr. Plummer! We11, draft a resolution.Why do you brim up resolution. Mr. Davis: This was for you to reconsider your motion Mayor Ferre: If there is a motion for reconsideration, I'tould6 that as a valid motion. Mrs. Gordon:Mr. Grassie do you have the money to pay 'this additional Mr. Grassie: The.money is not in the budget, no. Mrs. Gordon: Can you get it, or do think it is a simple matter for you to get it? Mr. Grassie: Tomorrow we are going to be discussing the reductions that we are making in the budget, and you are going to see that departments are making a very significant cuts. It is not simple, but on the other hand there is no way I can tell you it can't be done. Obviously, it could be done. Mrs. Gordon: Anything we set as policy you are going to do your darnedest to put through. I recognize that. I think it is unfair to place this burden on you at this time. Let's hear what you have to say tomorrow before we do anything further on this. Mayor Ferre: Hearing no motions on the matter, you are therefore bound by the motion of this commission until the commission reverses its decision. Mr. Grassie: Jast as a question of information Mr. Mayor, we would not be able to carry it to that intention, ----out, until you adopt it as a formal motion. Mayor Ferre: It has been passed as a motion. The legal department is instructed to submit this to the commission in legal form as a resolution. You are under that mandate right now, until somebody reverses it. Mrs. Gordon: That could be done tomorrow. First we have to hear where he is cutting, who he is cutting, how he is cutting, ----- I want to know what kind of hatchet job the rest of the departments are getting. Mr.Plummer: Rose, that is poor terminology. Mrs. Gordon: Its true. 12. TAURUS RESTAURANT -OFF-STREET PARKING: Mr. Plummer: We are back to #i5. May I inquire as Mayor Ferre: It was recommended, Mr. Davis: 1.t was passed for an additional three Mr. Plummer: Did the department recommend this? Mr, 1) visWes, 21r, Plummer, Did the police department recommend this, VIr., Davis: The police department is not involved in i.t, Mir. Plummer: 1 don't know the people who own the Taurus Hovse, but l want to call to your attention how many times wreckers are called to this plaice to hau1 cars off, As long as you continue to grant these exceptions, to let them continue using, they are naver going to buy additional parking., l am going to 36 bavist They are one ot the 'few testauraiit s tir, l.t'riitii .sgiriner that has eteess parking over what they require: Mr, Plummer: All I am saying to you is, if you haven't been there on a 1'riday night to see the problems that the police department, (especially when the Playhouse is busy), ----well, okay, let me tell you something. I am just putting it on the record. What item are we on? 13, C:L". ;CE ZON1 C OF PROPERTIES ADJACENT TO MARTIN LUTHER KING BOULEVARD: Mayor Ferre: Does anybody object to item 9? AN ORDINANCE ENTITLED: AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES GENERALLY LOCATED ON AND ADJACENT TO MARTIN LUTHER KING JR. BOULEVARD, FROM I-95, TO N.W. 17TH AVENUE, PRESENTLY ZONED R-4 (MEDIUM DENSITY MULTIPLE) C-1 (LOCAL COMMERCIAL), C-2 (COMUNITY COMMERCIAL) , AND C-4 (GENERAL COMMERCIAL) TO C-4A (BOULEVARD CO?C•IERCIAL) DISTRICT; ADDING A DESIGNATION OF TRANSITION USE AREA TO CERTAIN CONTIGUOUS AREAS PRESENTLY ZONED R-1 (ONE FAMILY) , R-2 (TWO FAMILY) AND R-3 (LOW DENSITY MULTIPLE) , ALL AS SHOWN ON THE MAP ATTACHED HERETO AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT NAP MADE A PART OF THE SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION Was introduced by Commissioner Gibson and seconded by Commissioner?lummer and passed on its first reading by title by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Ars. Gordon and Mayor Ferre. NOES: gone. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Com- mission and to the public. 14. FILL SUBMERGED LAND PERMIT- 1627 and 1643 BRICKELL AVENUE: Mr. Plummer: Who is the applicant. Is this the one we sent back? (unidentified person): ---just to have the resolution phrased. You approved it with a conditional resolution which says that it is up to the Board in Tallahassee and if they say okay, Mr. Plummer: Mr. Knox are you satisfied with this sir? Mr. Knox; Yes, sir. Mr, Pluirmer.: It is what the commission asked and last meeting. Mr, Knox: Yes, sit, N . Plummer: Are there any objectors? i•I 's Gordon; Why Is iv coming back? Plummer; It is coming beck in its forma. 4ridcntif i:ed person; Ali you have to do now is approve the itself, Kr, i'i.urguer.; approve the motion, 37 1Lr tifs,XotdbtU 'his is e]tactly tht` same tints that we I::tOHhp 4 previously, No chances? Unidentified person: The reason it has tonne back here, so you could approve the resolution itself. The resolution provides that it be reads -that portion that refers to this be read. Mrs. Gordon: It still has to go to Tallahassee, Unidentified person: It has to go to Tallahassee then has to come back down here to be approved by your board. Mrs. Gordon: This is formal action of the previous motion, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-1098 A RESOLUTION OF THE CITY CO`MISSION GRANTING PERMISSION TO FILL SUBMERGED LAND OWNED BY THE APPLICANT LYING BETWEEN THE CURRENT PROPERTY LINE AND THE FORMER DADE COUNTY EULKHEAD LINE ADJACENT TO LOTS 46 THROUGH 50, BLOCK B. FLAGLER MAR•_' ERICKELL (5-44) BEING 1627 AND 1643 BRICKELL AVENUE AND LOTS TO ME SOUTW EST,USING UPLAND FILL; PROVIDED HOWEVER THAT NO FILL PERMIT SHALL BE ISSUED BY THE PUBLIC WORKS DEPARTMENT UNTIL AND UNLESS THE APPLICANT HAS RECEIVED APPROVAL FOR SAID FILL FROM THE STATE OF FLORIDA AND THE U.S. ARMY CORPS OF ENGINEERS AND FINAL SINE ?LaNS HAVE BEEN APPROVED BY THE APPROPE'.IATE CITY OF MIAMI BOARDS AND THE CITY CONNISSION (Here follows body of resolution, omitted here and on •file in they Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Mr. Reboso, Mrs. Gordon, Mr. Plummer, Vice -Mayor Gibson. NOES: None. Abstain: Mayor Ferre. 15. REVERSING VARIANCE BY ZONING BOARD -SUBSTANCE AL1'SE FACILITY: Vice -Mayor Gibson: No. 11, 1 think we are ding the same thing on this one Mr. Plummer: This is on the Gissen deal? This is just reducing to writing what we passed before. You are satisfied Mr. Knox? Mr. Knox: Yes, sir. Mr. Plummer: This is what the board asked for? Mrs, Gordon: I abstained before, therefore T abstain no The following resolution was introduced by Yr. Plummer,;: moved its adoption: RESOLUTION NO. 76-1099 RESOLliTION REVERSING THIE GRANT OF VARIANCE BY THE ZONING :BOARD FROM ORDINANCE NO. 687] , ARTICLE IV, S CTION 43 (4)(6)(7), TO PERMIT USE OF LOTS 4, 5, 6 ANI) 7, BI.1)c: 6, EROAD:100R (2-37) BEING 3055 N.E. 4TU AVENUE FOR KFSIDENCL::L SIBS -;NCI ABUSE FACILITY FOR 60 OCCUPANTS, UNDER CONCURRENT PETITION FOR CONDITIONAL USE, - WITH 8 PARKING SPICES (21 REQUIRED) ,WITH FP.; NT SETBACK OF 15' ( 20' REQUIRED), AND WiTU NO SHADE PROVIDED, SUBJECT TO REVIEW J'aY THE ZONING BOARD AFTER ONE YEAR; ZONED R.-3 (LOW DENSITY I`SULTII'IX). DISTRICT A 1976 38 rt follows body of tesoiutiott, omitted bete and efti file itt the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, sir, P.Pboso, Vide -Mayor Gibson and Mayor Ferre. NOES: None. Abstain: Mrs, Gordon. 16, MIAMI BOARD;AND COMMITTEES -CITY MANAGER INVESTIGATE: Mayor Ferre: I have a letter from Frank Kreutzer, who is chairman of out Charter REview Board. The Charter REview Board along with many of these other boards, haven't been looked at for years. As Mr. Kreutzer says and I have agree with his sarcasm, he says he is the alleged chairman. "Attached hereto is a list of the membership of the Charter Review Board of the City of Miami of which I am the alleged chairman. Here is the membership. Obviously nobody has looked at this for 5 years, ----Joseph Kaplan, William Winn, Stanley B. Axlrod, E.H. Hill, Jack Taffer, Henry Burns, Daniel Kavanaugh, and Philip Knight. I think the Charter Review Board is important . It is my opinion that this commission ahould appoint a Charter Review Board and ask it to function and go over our Charter and see if any changes need to be made. Mrs. Gordon: Mr. Kreutzer thought enough about it to write us. Do you want to continue him in that position? Or start from scratch. Mayor. Ferro: What I am saying is, I think Frank is a nice kid, and he is kind of upset because he has been sitting there in a meaningless committee. He is the Chairman of it. He said we have not functioned for several years. Most of the members fail to come to any meetings. Rather than continue in this existence, and not function, I suggest that new appointments be made or that the Board be disbanded. I happen to feel there is a need for a Charter Board. I also happen to feel that we should discuss this and I would like to invite Mr. Kreutzer to come before us at one of our future meetings, Mr. Manager and discusss this openly and that you come prepared at that meeting to appoint nine members, ----so we will have to vote for 9 members. You core with your recommendations. Either that or disband it. And I think that would foolish. Mr. Manager I also feel that you should bring before this commission a list of all the Board we have, whether or not they function, who is on them and when the last time they met. I would like a simple written statement from the Chairman as to whether or not they think that they are functioning effectively and if not, why not and should they be discontinued. Mrs. Gordon: You might as well also ask the chairman to make recommendations that would ir-prove the effeciency of whatever, Mayor Ferro: I accept that. Would you make that in a motion? Mrs. Gordon: Yes. Mayor Ferro: The notion was that the manager outline the committees, what do they do, and when was the last time they met, have the chairman give us a little simple one, paragraph statement, are they working or they not working, should they disband, ----what do we have all these committees for? Cali the roll. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION 76-1100 A MOTION REQUESTING THE CITY MANAGER TO INVESTIGATE FXISTINC CITY OF ,'MIAMI BOARDS AND CO'•M•IITTEES AND TO OUTLINE THESE BOARDS TO THE CITY COMMISSION; FURTHER BEr UESTINC IIIM TO RESEARCII W'IIEN OR 1F THESE BOARD$ MET AND 1;'IHAT Sii'.CIFIC FUNCTIONS THEY PERFORMED Upon being seconded by Commissionet Gibson, the tiotiOn teas Massed and adopted by the following vote: AYES:►trs. Gordon, Mr, Plummer, Mr. Reboso, Vice-Mayot Gibson, Mayor Vetre, NOES: Norte. ABSENT: 17, LEGISLATIVE PROGRAM -COORDINATING COMMITTEE -VICE -MAYOR GIBSON TO ATTEND: Mayor Ferre: I have a memorandum from Mr. Donald Shoemaker, Chairman of the Coordinating Council, members and so on. There is going to be meeting on December 20. Ususally the Mayor and City Manager go to that meeting. I will be out of town. So will the Vice -Mayor be able to go that meeting? Where is it going to be? In the Orange Bowl room of the Columbus Hotel. �. Rev. Gibson: What time? Mayor Ferre: Usually it is in the late afternoon, 4:30. Will you put it down on the calendar. Mr. Grassie, I assume that you as a member of that council will be there representing the City. You are going to be a the coordinating council. Mr. Grassie: Normally I would be. I have been to all of them so far, but,I am going to be out of the City this Monday. Mayor Ferre: Would you have somebody representing you, be there? Mr. Grassie: I can, certainly. I understand there has been some resistance to that process of representation in the past. Mayor Ferre: Why don't you inform and find out whether or not they have any objections. I know it is supposed to be the Mayor and the Manager, or the Chairman and Manager, in case of the School Board. Mr. Grassie: It is because of that meeting that I am circulating this tenative legislative program to you. Mayor Ferre: The question is, we are not going to meet between now and the 20th except for tomorrow. I have asked Rick Sisser to down here tomorrow. We need to discuss our lesislative program tomorrow. Father, would you write that down. Rev. Gibson: What time. Mayor Ferre: December 20th at 4:30. Mrs. Gordon: Is that a closed meeting? Or is the press Present? Mayor Ferre: 1t is a closed meeting and the presr-, isn't present. Mrs. Gordon: The press is not invited? Mayor Ferre: Not that I know of. Don't you remember there was a big thing, -- it wasn't Ron Sachs, ---one of those fellows in the Herald. Who wrote that? Anybody remember? It was a long story about that. As far as I know it hasn't been changed, But I don't know. 18. FSFITAhI..E LIFE INSURANCE COMPANY-ACST OF_RECOaD: Mayor Ferre: Ed Cole, who represents Equitable Life, first he wanted to be agent of record, and so we cut him out of that, The guy used to he agent for Equitable, now as I understand it, the. guy has begin cut out of that, I for one, intend, and I will read it to you, so you will know, and I am going to give it to the City Attorney to have it drafted and finished. I think this was written by theCity Attorney's officer, George F. lno::. It reads as follows: A resolution recognizing the Firm of Edwin It, Cole, C.L.U. and Associates, Inc. as servicing agent of Equitable Life Assurance Society of the United States, for the carrier group, life and health insurance coverage of City of Miami employees for which payment is to be made by the carriers of the non- • 40 OEC 15 level servicing agents commission based upon the premium for the period cotir>ttencittg October 1y 1976 and providing for the withdrawal of the said recognition upon O days notice to the carrier in writing." Mrs. Gordon: I don't understand something, if the company is paying his f ee, why does he need us to do anything. Do you know why Mr. Grassie? Mr. Grassie: Yes, commissioner. The reason is, that unless the city takes the position that he should be the agent, the company, (Equitable) will appoint one of its own staff persons to provide this function. Mrs. Gordon: Will they charge us less money for insurance? Mr. Grassie: Yes. It will mean about $15,000. of difference to you. That is why the staff recommendation so far has been that we not oblige the insurance carrier to name this person. It means $15,000. that in our estimation you don't need to spend. Mayor Ferre: What are you shaking your head about? (inaudible) Mayor Ferre: As I recall you were the author of this, and this whole thing was voted upon by this commission. Mr. Plummer: I was not the author. AS I understand it, according to the State of Florida, Equitable has to have a so-called, 'local agent.' The State of Florida requires that, that that they must have someone in the State of Florida to represent them. Mr. Cold has served for the past year and half as the service agent of record for. Equitable. As such he has collected a few anywhere, normal fees which are paid by Equitable, if not to him to someone else, Mrs. Gordon: That is what I asked the question for. Mr. Plummer: of about 6 to 10 thousand dollars a year for the conversions for the things of that nature. Now, I was opposed to the agent of record. I didn't think after I had the guarantees from the administration that it was necessary, because I was only strong on that because we had not been informed in the past. Personally I think Mr. Cole has done a good job for the city as servicing agent and with the proviso that his contract can be cancelled within 30 days, I have no objections. Mrs. Gordon: I don't understand, that is what I am trying to get an understanding of the job. MR. Plummer: The point I disagree with Mr. Grassie is, if we don't have Mr. Cole, we are going to have to have by the State of Florida's requirements someone else, and this money is going to be paid, if not to Mr. Cole to someone else. He has done a good job and I think we should reward a good job by continuing. The reason I feel so secure is, with a 30 day cancellation that any time you can give him notice. Mrs. Cordon: That is not the point. Mr. Grassie said differently. Wbo has the right information? Mayor Ferre: That is why I. am bringing it up tonight. Mr. Plummer: I. am telling you what T understand. I. am sure M what he understood. Mrs. Gordon: Somebody had better come to grips on this and give us an answer that jibes. I don't understand the insurance business that much, that I. can toll ypu if we need Mr. Cole or we don't need Mr. Cole, 1r. Grassie: Would it be fair if we asked the Finance Director and rr. Plummer get together and see if they can agree, to Mrs. Gordon: Let's take this up tomorrow. Mayor Ferre; I want to state my position so you understand how I feel about it, The City of Miami Beach has had one dickens of a problem to gat anybody to even bid on it, 41 0+.1WW1114>4swersks Pititmef: 'they haven i t got anybody. 44,:nrfi.flNt,•..✓‘ ikeiF:M'.s...N.LN��rG:r at1�`rIH-.Y hM. Mayor terre : They are stuck with Blue -Cross Blue -Shield, 1 warm to '`fell you that we went out, the great City of Miami advertised and we got how batty/ Mr. Plummer ----two out of forty. Mayor Ferre:---that took an interest. I know for a fact, I know it froth Equitable, and Mr. , the President, they were not going to bid otL the City of Miami. They just wern't interested. I think they have lost, Mr. Plummer:----1.9 million, -- Mayor Ferre: They said heck with it, we are just going to write it off and forget it. This guy, Eddie Cole, went up to New York, and I know that is the way it happened, and went to the President and that is how these people came back and bid on this thing. Now, sure he was doing it for himself. I cant blame the guy. He out looking for himself, but he also helped the City of Miami along the way. As I understand it, if we had to go, another route, it would have cost us a lot more money. The other company was which one? Mr. Plummer: --Metropolitan, the one we had that lost their shirt before. Mrs. Gordon: Can we take this up tomorrow? Mayor Ferre: I want to take this up tomorrow, so Mr. Manager, you have whoever is going to do the homework, do the homework with Plummer, Mrs. Gordon: And get all the facts here. 19. COMPENSATION FOR SERVICES- ED GONG, PENSION BOARD COUNSEL: Mr. Plummer: Mr. Mayor may I bring up a point sir. Even though Friday is my last meeting of the Pension Board, it has been brought to my attention that our counsel Mr. Ed Gong has not been paid. I wish to announce to the Manager that it is my intention tomorrow at the commission meeting to bring forth his bill. There is no reason why that bill should not be paid. It has gone on 4 months without payment. I think it should be paid, and I as a memeber of the board, before I get off on Friday, intend to see to it that it is paid. I understand it is sitting on Mr. Gunderson's desk. It is a bill which has been provided for, under normal circumstances at a specified fee, and I will give my opinion it is a fair bill. Mrs. Gordon: Mr, Plummer: Yes, for the last 4 months. He hasn't been paid. Is that for past performance J.L.? Mrs. Gordon: For past action? There is nothing attached payment? Mr, Plummer: No. Mayor Ferre: This doesn t cover We are not paying him to sue us? lir, Plummer: No, sir. 11r. Grassie: As a clarification Mr. Mayor, 1 think that the Problem is the two boards do not have a budget approved by you yet. That is why by`hasn paid. 20, C1VJL SERVICE BOARD NINBERS-S:IIJR'i INCREASE_ 11r, Reboso: Mr. Mayor at the last City commission meeting, we raised the salary of the members of the Civil Service Board, Remember? You made t1;e ;notion Mr, Mayor, I want to clarify that the increase should go back to Oetob -x 3.,, Mr, PLut:;mer; The raise? That was what was understood, tr.. RahosQ; It was not clear, fir,, Plummer; Is there any question Mr, Crassie? October 1 retroactive? 42. ;) 1976 Thtt he t4111 daft A blOtibiii El tildtt being no furthet business to come before the cotmisSidft At 611'8 tithe the meeting was adjourned at 5:10 o'clock P.M, kAtPR G. ONGIE CITY CLERK 1 MAURICE FERRE MAYOR CIF'Y OF IVVAMI DOCUMENT MEETING DATE: INDEX December 15, 1976 ITEM NO 1 2 3 4 5 6 7 8 DOCUMENT IDENTIFICATION COMMISSION AGENDA AND CITY CLERK REPORT CERTIFYING AND DECLARING THE FOLLOWING RESULT OF THE SPECIAL MUNICIPAL ELECTION HELD NOVEM- BER 23, 1976 WITH RESPECT TO AUTHORIZATION OF SOUTHERN BELL TELEPHONE COMPANY AFFIRMING THE ZONING BOARD GRANT OF VARIANCE FROM ORDINANCE NO. 6871, ARTICLE X, SECTION3 (2) (a) AND (3) (a), TO PERMIT CONSTRUCTION OF ADDITION ON EXISTING SINGLE FAMILY RESIDENCE ON LOT 18, BAY BREEZE. EXTENDING RESOLUTION NO. 73-965 (PASSED AND ADOPTED BY THE CITY COMMISSION ON DECEMBER 13, 1973) . REAPPOINTING SELMA ALEXANDER AND GRACE ROCKAFELLAR AND APPOINTING WALDO V. SILVA AS MEMBERS OF THE CITY OF MIAMI PLANNING ADVI- SORY BOARD REAPPOINTING GERALD SILVERMAN AND APPOINTING GROVER P. WALKER AS MEMBERS OF THE CITY OF MIAMI ZONING BOARD GRANTING PERMISSION TO FILL SUBMERGED LAND OWNED BY THE APPLICANT LYING BETWEEN THE CUR- RENT PROPERTY LINE AND THE FORMER DADE COUNTY BULKHEAD LINE ADJACENT TO LOTS 46 THROUGH 50, BLOCK B, FLAGLER MARY BRICKELL. REVERSING THE GRANT OF VARIANCE BY THE ZONING BOARD FROM ORDINANCE NO. 6871, ARTICLE IV, SECTION 43, TO PERMIT USE OF LOTS 4,5,6, AND 7, BLOCK 6, BROADMOOR COMMISSION ACTION R-79-1090 R-76-1091 R-76-1094 R-76-1097A R-76-1097B R-76-1098 R-76-1099 RETRIEVAL CODE NO. 0021