HomeMy WebLinkAboutCC 1976-04-22 MinutesY OF MIA
1SSION
UTES
OF MEETING HELD ON APR 2 21976
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
H. D, SOUTHERN
CITY CLERK
RALPH 6, ONG IE.
ASS tSTANT MY 'Y CLERK
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MtAMI, FLORIDA
ITEM NO SUBJECT
1. CENTRO MATER DISCUSSION
2. r WORKSHOP SESSION - DEVELOPMENT OF DINNER
KEY AREA AND DINNER KEY AUDITORIUM
ORDINANCE OR
RESOLUTION NO. PAGE NO,f
DISCUSSION 1=2
WORKSHOP 1=10
1. PRESENTATIONS, PLAQUES, SPECIAL ITEMS
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
• 15.
16.
17.
WITHDRAWL OF FRANK SPENCE
MERRITT STIERHEIM
FROM CONSIDERATION OF CITY MANAGER
PHASE II - MIAMI COMPREHENSIVE NEIGHBORHOOD
DEVELOPMENT PLAN STATUS REPORT BY MR.
DAVID WALLACE OF WALLACE,MC HARG,ROBERTS
AND TODD , DISCUSSION 17=21
AMEND 6871 - REDUC ; ZONED STREET WIDTH
S. W. 36th CT. from I7TH St. SOUTH 1 ORD. 8543 22
176-392
M76-393
11=12
12=16
FEES - TENNIS COURTS - BALL MACHINE
AMEND SECTION 39-3 OF THE CODE
DECLARE INTENTION TO EXERCISE AUTHORITY
UNDER LOCAL GOVERNMENT COMPREHENSIVE
PLANNING ACT OF 1975-CHAPTER 75-257 F1a.Law
DESIGNATE PLANNING ADVISORY BOARD AS
CITY LOCAL PLANNING AGENCY 1 ORD. 8546 23
ORD. 8544 22
ORD. 8545 23
ACCEPT COMPLETED WORK OF AD-A-LITE ELECTRIC
INC. FOR KINLOCH PARK IMPROVEMENTS 1975 1 R76-394 23
ACCEPT COMPLETED WORK
FASHION HIGHWAY IMPROVEMENT H-4381-BID "B" R76-395 24
ACCEPT PLAT - 3RD ADDITION TO 4-WAY ESTATES R76-396 24
ALLOCATE $126,549.00 SANITARY SEWER BOND
FUNDS R76-397 24
ALLOCATE $12,534.00 FM STORM SEWER FUNDS R76-398 25
ALLOCATE $15,325.00 HIGHWAY BOND FUNDS 76-399 25
ALLOCATE $1,616.00 FROM POLICE HEADQUARTERS
AND CRIME PREVENTION FACILITIES BOND FUND ' R76-400 25
ALLOCATE $6,055.00 FROM PUBLIC PARKS AND
RECREATIONAL FACILITIES BOND FUNDS ' R76-401 26
GLENROYAL SANITARY SEWER IMPROVEMENT
SR-5374 C&S - AUTHORIZE CITY C?.E RR TO
PUBLISH NOTICE OF OBJECTIONS TO COMP WORK R76-402 26
EXTERNAL AUDITING FIRMS - CHANGE EVERY 3
YEARS AND REQUEST CITY MANAGER TO SUBMIT
3 FIRMS FOR POSSIBLE SELECTION M76-403 26=27
i
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
ITEM NO
18, ALLOCATE $6,841.11 FROM 1972 PARKS AND
RECREATIONAL FACILITIES BOND FUND
PORTABLE DOCKS AT MORNINGSIDE PARK
19. CONFIRM MANAGERS SUBMISSION OF A GRANT
APPLICATION to JOSEPH B. KENNEDY JR
,FOUNDATION FOR A DAY CAMP PROGRAM
20. FEDERAL REVENUE SHARING FUNDS
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
'33.
34.
35.
ESTABLISH POLICY THAT DIRECT COSTS ASSOCIATED
WITH SHOWMOBILE BE PAID BY THE USER WHEN THE
NORMAL FEE IS WAIVED BY THE CITY COMMISSION
AUTHORIZE GRANT APPLICATION TO FINE ARTS
COUNCIL OF FLORIDA FOR
CULTURAL EXPOSITION r.I.J.iRAM
AUTHORIZE GRANT APPLICATION TO U. 5. DEPT.
OF HOUSING AND URBAN DEVELOPMENT FOR A
PEDESTRINIZATION OF "LITTLE HAVANA"
PLANNING PROGRAM
MOTION OF INTENT REQUESTING THE STATE
LEGISLATURE TO CONSIDER PERMITTING SUMMER
JAI ALAI IN DADE COUNTY
ACCEPT BID - MOTORALA ETC.
EKG TELEMENTARY MODULATORS, TRANSMITTERS ETC.
ACCEPT BID - BATTERY OPERATED DEFIBRILLATOR
CARDIOSCOPES AND RECORDERS
ACCEPT BID - FIRE STATION No. 5 AND
APPROPRIATING ADDITIONAL FUNDS
ACCEPT BID - MOTORCYCLES
ACCEPT BID - LAMAR'UNIFORMS FOR FIRE DEPT.
ACCEPT BID - COLOR LAB EQUIPMENT FOR MMPD
ACCEPT BID -
IMPROVEMENT
ACCEPT BID -
IMPROVEMENT
DELAWARE
SR-5390-C
DELAWARE
SR-5390 -
SANITARY SEWER
SANITARY SEWER
BID "B
ACCEPT BID - BID-1C DELAWARE STORM SEWER
AUTHORIZE EXPENDITURE OF $0,000 FOR OCCUPAT-
IONAL PERFORMANCE PROGRAM WHICH PROVIDES AN
ALCOHOLISM EDUCATIONAL INFORM7.-ION AND
REFERRAL PROGRAM
AMUSEMENT PERMIT CENTRO MATER
ORDINANCE OR
RESOLUTION NOi PAGE NO
R76-404
R76-405
DISCUSSION
M76-406
R76-407
R76-408
M76-409
R76-410
R76-411
R76-412
R76-413
R76-414 -
R76-415 -
R76-416
R76-417
R76-418
R76-419
R76-420
28
28
28=29
29
29
29
30
30
30
31
31
32
32
32
33
33
33
34
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
36.
DESIGNATE VICE MAYOR ROSE GORDON AS CITY
'PRESENTATIVE TO DADE LEAGUE OF CITIES
37. AUTHORIZE PERMIT FOR EASEMENT
ITY OF MIAMI BEACH FOR 54" FORCE MAIN ON
ITY PROPERTY LOCATED AT VIRGINIA KEY
38.
39.
010 40.
41.
AIVE RENTAL FEE - RIVERSIDE COMMUNITY
ENTER AUDITORIUM FOR TRADITIONAL CELEBRATION
UBAN LABOR DAY
'AUTHORIZE EXPENDITURE OF $7,500 FOR PARTIAL
#*FUNDING OF 26TH CONGRESS OF THE
,!CHAMBER OF COMMERCE OF THE AMERICAS
LOCATE $10,600 FROM 1972 PARKS AND RECRE-
ATION FACILITY BOND FUND TO PAY APPRAISAL
;SERVICES - F.E.C. RAILWAY CASE 72-17071
1AUTHORIZE PAYMENT OF ATTORNEYS FEES AND COURT
COSTS ARISING FROM CONDEMNATION
ITY OF MIAMI VS. PLATO COX
ATIN RIVERFRONT PARK
42. AIVE RENTAL FEE - BAYFRONT PARK AUDITORIUM
LITTLE HAVANA ACTIVITIES CENTER
,SENIOR BICENTENNIAL SHOWCASE
43. MISCELLANEOUS DISCUSSION ITEMS
F.E.C. BOULEVARD FRONTAGE PROPERTY
BALL POINT PROPERTY STATUS REPORT
DECADE OF PROGRESS BOND ISSUE
44. -WAIVE PROFITS ON ARTS AND CRAFTS BAZAAR
SPONSORED BY NATIONAL ORGANIZATION OF WOMEN
45. SPECIAL ELECTION ON JUNE 29- PROPOSED
'SOUTHERN BELL TELEPHONE COMPANY FRANCHISE
46. URGE METRO DADE COUNTY TO IMMEDIATELY FORWARD
TO SO.BELL TEL.CO.ITS ORDER FOR 911 SERVICE
47. SOUTHERN BELL INVOLVEMENT IN 911 SERVICE
47 A.PROGRESS REPORT OF 1975-76 BUDGET PROBLEMS
48. %REQUIREMENTS FOR LICENSING OF TAXICAB DRIVE'
49. DISCUSSION OF VELODROME AT ROBERT KING PARK
50, MINORITY CONTRACTORS -COMMUNITY DEV,FUNDS
51, PERSONAL APPEARANCE _ MICHAEL KENNY
CO GR,ELEMENTARY SCHOOL - cleaning of
,Peacock Park and Waterfront
ORDINANCE OR
RESOLUTION NO
R76,-421
R76-422
R76-423
R76-424
R76-425
R76-426
RAGE NO
34
34
35
35
35
36
R76-427 36
DISCUSSION 37=38
M76-428 39
M76-429 39=41
M76-430 41
DISCUSSION 42
DISCUSSION 43
MOT,76-431 .44
DISCUSSION 45=47
DISCUSSION 47=48
DISCUSSION 48=49
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
52, AUTHORIZE CITY MANAGER TO ENGAGE SERVICES. OF
PRIVATE FIRM TO ASSIST CITY IN LABOR
NEGOTIATIONS!
PAGE NO
M76-432 49=50
53. PROGRESS REPORT 1975-76 BUDGET M76-433 50=52
54. FAIR ISLE- Public Hearing on proposed R 76-434
M 76-435 53-108
change of zoning
55. ` REGULATION OF VEHICLES TRANSPORTING STUDENTS 1ST READING 109
56. URGE METRO DADE COUNTY TO IMMEDIATELY
PROVIDE INSPECTION FACILITIES IN CITY OF
MIFMI FOR INSPECTION OF PRIVATE SCHOOL BUSES 109
USED FOR TRANSPORTATION OF CHILDREN R76-436
j 57. AMEND SECTION 56-129 CF THE CODE
LICENSING OF TAXICAB DRIVERS ORD. 8547 .110
58. PERSONAL APPEARANCE- CARLOS FERNANDEZ
MARIA ELENA TORANO
LITTLE HAVANA DEVELOPMENT AUTHORITY
ALLOCATE $3,000 F.R.S.F. TO ASSIST STAFFING M76-437
59. 1 AMERICAN CENCER SOCIETY BICENTENNIAL
ROWING REGATTA AT MARINE STADIUM -
WAIVING FEE WITH STIPULATIONS
60. ALLOCATE REMAINING UNALLOCATED REVENUE
SHARING FUNDS
M76-438
M76-439
r-4
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
ON THE 22ND DAY OF APRIL, 1976, THE CITY COMMISSION OF MIAMI,
5QRI A M T AT ITS REGULAR MEETING PLACE IN THL CITY HALL,
5uO tAN IkMERICAN DRIVE, MIIAMI, FLORIDA IN REGULAR SESSION,
THE MEETING WAS CALLED TO ORDER AT 9:18 O'CLOCK A.M. BY
MAYOR 1MAURICE A, IERRE•WITH THE FOLLOWING MEMBERS OF THE
COMMISSION FOUND TO BE PRESENT:
LOMMISSIONER NANOI0 REBOSO
COMMISSIONyER J, L. f UMMER, JR.
VICE -MAYOR ROSE GQ RDON
MAYOR (MAUR ICE H. bERRE
ABSENT: COMMISSIONER (REV.) THEODORE GIBSON
ALSO PRESENT:
P, W. ANDREWS, CITY MANAGER
A. P. LRC!iCH ASSISTANT CITY MANAGER
JOHN S. LLOYD, CI Y ATIORNEY
H. D. SOUTHERN, LITY LLERK
ABSENT: RALPH G. ONGIE, ASSISTANT CITY CLERK
An -invocation wa.b deai.vened by Mayon FeAAe who ,then
ted zhoa a pne.e enI in a p.Cedg e o 6 caQegiance to the it ag .
A motion to waive .the Heading os the minutes!. wa6 .i.n.Aodueed
and seconded and wad paaaed unanLmou4Py.
1, PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS
A. Presentation of a proclamation declaring the second Saturday in May as
"Fire Service Recognition Day" saluting the members of the Fire Service
for their unselfish devotion and dedication to the protection of live
and property.
B. Presentation of a proclamation designating National Tennis Week June
19-27, 1976.
C. Presentation of plaque to Mr. George Sheldon, Department of Public Works,
upon his retirement after 28 years of service with the City of Miami.
D. Presentation of plaque to Officer Joseph Martin Dillin, Police Depart-
ment, upon his retirement after 25 years of service with the City of
Miami.
E. Presentation of Commendation to Dr. John J. Barnes, Deputy District Admin-
istrator, Department of Health and Rehabilitative Services, for his un-
selfish service to mentally retarded and handicapped persons.
F. Presentation of Older Americans Month Proclamation to Mr. Harry Goldberg,
G. Presentation of Booker T. Washington .junior High School 50th Anniversary
Day Proclamation to Mr. Grady King.
H. Presentation of Blood Pressure Alert Program Proclamation to Mr. Albert
Quinton, Jr., Chairman of the Board.
I. Presentation of Scroll. of Friendship to Club Jose Ferretti, an Ecuadorian
Swim team visiting our area,
11
APR 2 21976
Mayor Ferre: I would like to announce at the outset, and I will during the
whole course of the day, that since Father Gibson is still in the hospital
and therefore unable to be here, that we will not get involved into any area
that becomes controversial to the point where the comtaissiott might be split
on a two -two basis without the presence of Father Gibson. Now I want to
make sure that it is clearly understood that anything that is important to
this city and where it needs the full attention and direction of the full
commission that I will exercise my authority as Chairman of this board and
respectfully request, Mrs. 'Vice -Mayor and tnetnbers of the commission, that at we
uphold that. And I want to say it at the very outset so that it doesn't
look later on this morning or maybe this afternoon if we get into some item
where we're going to split two=two that all of a sudden I'm not pulling some-
thing out of the hat just to stop discussion. So if that's agreeable to
everybody at the outset, I hope that out of respect to Father Gibson we would
give him that right to be able to be present for a vote if we come to some
kind of a division on any item and it goes on a two -two basis that we would
then defer the item until Father Gibson is present.
21 WITHDRAW& OF FRANK SPENCE AND MERRETT STI RHEIM FROM CQNSIDERATION FQ QSIIIQN P.M.
OF CITY MANAGER; RESOLUTION OF GRATITUDE; ALL SPECIAL MEETING FOR 4/U/t�, Z:WW
Mayor Ferre: I just rec.ived a hand !Ieliver. d letter, it r:. cr?s as follows:
To the Mayor and the commissioners,
Gentlemen, after due deliberation I respectfully request to have my
name withdrawn as a candidate for position of City Manager, City of Miami. I
am flattered and proud to have been to have been nominated by the Arthur D.
Little Company after a national search as a finalist. However, I feel that
my future lies with the City of Miami Beach and the challenge that faces us
in moving forward with some progressive developments and development projects.
I want to thank each and every member of this commission for their time and
for the courtesies extended to me. I look forward to a spirit of continued
cooperation between our two cities on projects of murual interest and benefits.
Sincerely,
Frank R. Spence,
City Manager, Miami Beach
Mayor Ferre (cont'd): Now I'd like to say something in the record and to all
my fellow commissioners. Let's see if we can call Father Gibson up and maybe...
Mr. Andrews: You realize he's tied in and he hears everything that's occur-
ing.
Mayor Ferre: Yes, but I'd like his reaction on all this. Is there a number?
Mr. Andrews: Mr. Mayor, Mr. Crouch will explain how Father can crmmunicate
with the commission.
INAUDIBLE
Mayor Ferre: Oh, I see. Father, if you're listening if you would dial
you'll come right through and then we can have a little discussion about this
item. In the meantime let me also for the record say that Mr. Merrett Steir-
heim has called as you've seen in the newspaper this morning and has also
stated that he is at this time withdrawing as a candidate. I might share the
following thought with the commission. I've been involved in negotiations
many times in my life with banks and different institutions and I'll share
with you an experience that I think is essential for whatever we do in the
future and for those of you that will be here in future commissions when you
get into these negotiations. Time is an essential element. I can't tell you,
I'm having as you all have read in the papers some problems with some financ-
ing in some of our companies and I came to the point where whenever we come
to an agreement and I've got 5 or 6 banks sitting there I say we're staying
here until midnight if necessary until we get this agreement because other-
wise you never get things done, Now let re tell you what's happening, It's
just human nature. Merrett Steirheim and Frank Spence both wanted the job
of being City Manager of the City of Miami, But you know they live in com-
munities, in the case of Steirheim with 750,000 people, important newspapers
like the Tampa Tribune and the St. Pete Times, television stations and radio
and a community that bears pressure. Now Steirheim told me that when he
gets up in the morning.,. I talked to Grassie up in Grand Rapids, He said
he wakes up and walks out of his house and right outside there are tea.evis.-
ion cameras and radio stations just waiting to ask him and the pressure is
1?
APR 221976
IP
beginning to mount. Now poor Metrett Steirheita said that he just couldn't
hold on because the cote fission was being very nice to hit but you know once
he starts saying that he's going to leave people begin to wonder whether or
not they have the tight malt in the job, I don't blame 4 yor Harold Rosen for
being upset, 1 ttiean the ttan really very patiently waited for well almost
two tzeeke before he said anything and he was perfectly entitled, I mean I
put myself in that pesitiott. If Paul had not announced his retirement and
if I knew that Paul was looking for a job to be City imager of Dallas, Texas
and in the meantime we've got to deal with hit and two weeks have gone by t'd
say, "Wait a tnoment, what is this? Are you going to stay here or are you
leaving of what is going on?" So I think it just human nature what's happen-
ing and what I'm saying is after we've gone to all this eitpettse and trouble I
certainly hope that we can move rather quickly. Now we've got three other
people that are left out of the five that were recommended. In my opinion,
and I just want to share these thoughts with you, thereis one contender of
the five that 1 think would be acceptable. 1 don't think that we should
bring that to a head right now because Father Gibson is not here. I think
this: Father Gibson is getting out of the hospital today or tomorrow. I
think on Monday or Tuesday of next week that if he's not able to come to us
we're going to him and perhaps have an open discussion of this thing and bring
this thing to a conclusion. Now if there are other candidates who wish to
apply now I want to restate my position. Chief Hickman wants to be the City
Manager and he has not formally but to each one of us and t:rough the press
applied for the job. I think it is only fair and proper that, and I think
that it should be limited to department heads and assistant managers at this
stage of the game that if there are any other department heads or assistant
managers or you know the top echelon of which there are as I recall about 17
in this city who wish to apply for the job that he ought to come out with it
at this point and I recommend that we take a position on this, Mr. Andrews,
and that you be the coordinator; this be announced today and anybody who wants
to apply should do so by the end of work tomorrow which is at 5 O'Clock; that
you have somebody here stay over for that purpose and inform the commission
as to who the applicants are and that on Monday when we have a full commiss-
ion can decide whether or not at that time we're going to listen to all the
applicants who want to come before the commission the same way as we did with
the Booz Allen people or whether we want to first of all decide what to do
with the remaining three and then it all depends on what the commission wishes
to do at that time. I don't think we can foresee what the will of this com-
mission is without... I don't know what the will of the commission is going
to be so we have to wait until we're all together to do that because that
might be controversial. I do think that since we do have several other peo-
ple left that the commission ought to make funds available, the city ought to
make funds available for any member of the commission who wants to for example,
go to Cedar Rapids - Grand Rapids - and visit with City Manager Grassie in his
own home territory between now and Monday. If they want to also do the same
thing with Miller or with Kane I think it would have to be up to the commiss-
ion but I think this is such an important decision that we have before us that
we ought to go about it very deliberately and anybody who wants to do this
first hand search, that he or she ought to be able to do so. And these are
my recommendations.
Mr. Plummer: Mr. Mayor, I only find fault with one of your recommendations.
It has been my contention from the very beginning in two areas: (1) or in
particular one area that first and foremost if possible I have stated that I
want a local man. Mr. Mayor, I would like to say this: This commission,
of course, in every way shape or form is trying to find the best qualified
individual for that most important job. And now that we are re -opening as
such I would not personally want to limit to just department heads or assist-
ant department heads, but as I stated once before that there are many top
notch administrators in this community that are not in the municipal operat-
ion and if one of those people wanted to make application I think they should
have the ability to do so not that they all would be invited to come here
but through the list that you receive, Mr. Andrews, the commission could tell
you who we wanted to talk to. So I think it should be open in that way so
that we do have the availability of getting any or really the availability of
getting the finest man available.
Mayor Ferre: Let me tell you what my problem with that is, Mr. Plummer. You
know you can't be changing formats and game plans to suit particular conven-
iences as things happen. It seems to me that we've gone to an awful lot of
expense and trouble to have a professional outfit search for us. Now you know
let me quote Theodore Gibson since he's not here. I hope he's listening.
Maybe he can correct my quote of what he said one time, And I'll tell you
when it was. It was in reference with these committees that we appoint and
18
R R 2 21976
then we appoint and then they come back and we don't pay attention to the com-
mittee, Do you remember? I'll tell you the specific case when he made that
little speech. It had to do with Revenue Sharing. I first becatde Mayor of
the City of Miatiti and there was this whole controversy and Theodore Gibson be-
cafe very upset because we completely disregarded. You know here we go about
doing something and then we disregard the guidelines that we placed. "Good
God, man, if we're going to do that at this stage of the game then why didn't
we do that in the beginning?" Why go thtough all the trouble of getting a prof-
essional firm, having a professional firm find the best candidates, tecoititiend
five to us and then we're going to now open this whole thing up? Now it dust
seems to tine not only common sense but justice that if we said we're going to
play a ball gate one way that we finish this ball game that way. Now if out
of the five we can't find anybody I'tn not opposed to bringing in new ball
players into the game. What I am opposed to is that half way througn the foot-
ball game we start changing the rules just to suit one particular player or
one particular person who wants to have one particular player have certain
abilities to do things. That just isn't right. I don't think that that is the
way we ought to go about doing these things and it seems to me, and, of course,
am just one voice and I don't think since Father Gibson is not here that we
ought to come to any kind of conclusion where we have any division. So if any-
body disagrees with anything that I say or that you or anybody else says we
shouldn't come to a decision today. I think we should only agree on today on
things that everybody is in agreement on. And then when we're to,:ether we can
decide. Now, I recommended #1 that if we can't hold a commission meeting and
if Father Gibson can't come here that we go to Father Gibson's home. If he
and Thelma don't object to that does anybody here object to that?
Mr. Plummer: Not at all.
Mayor Ferre: (2) I recommend that the City of Miami make funds available to
members of the commission who wish to take advantage and follow up on a personal
interview in their home turf of the three commission candidates that are left
and that's completely up to each individual person. Does anybody have any ob-
jections to that?
Mr. Plummer: None whatsoever.
Mayor Ferre: Do you Rose? Do you, Manolo? Ok. Now I guess we really can't
agree on anything ease.
Mr. Plummer: Well I think we can agree, Mr. Mayor, on a date. Tuesday is fine
with me, Tuesday afternoon if you wish. We also have a matter with Southern
Bell which really needs to come to a head and Paul recommends that we also recon-
vein here and maybe'spend a half an hour on that since we really should get on
with it.
Mr. Andrews: It will probably take about an hour, Mr. Mayor.
Mr. Plummer: Well, Mr. Mayor, if you're going to do that then I would suggest
we go to Thursday.
Mayor Ferre: No, we can't wait that long, Plummer. I'm going to tell you some-
thing. If that's going to completely destroy this process we may as well just
scratch and tell all these people to forget about it right now. ... We can't
get through to Father Gibson but unless we hear from him the meeting will be at
2:00 O'Clock.
Mr. Plummer: Shirley has said that Father's schedule is open for Tuesday.
Mayor Ferre: And if he can't make it here we'll go to him. We'll call it for
here. If we have to move over to his place we'll let you know. I think that
those three things that we just covered ought to be in the form of a resolution
so that it's official and he can get the money out of the budget and all of
that. The three things are that we will meet here on Tuesday at 2:00 O'Clock,
or that if we can't meet here that we'll meet at Gibson's home. (2) That if
any member of the commission wants to travel and meet these candidates in their
own grounds that the moneys will be made available by the city. What was the
third thing?
Mr, Plummer: Well the third thing that we had some discussion about was the .
opening of the.,,.
Mayor Ferre; 0h, We11 that one we're not going to agree on because I made a
statement and you said you didn't agree and then what you said I didn't agree,
14 APR 221976
Mr, Plummer: Right, so Were going to leave that one Out,
Mayor Fevre: I Want to say that if we do meet, Paul is pointing out, at Father
Gibson's house it will be a public Meeting, the ptess will use advised, we will
have the Clerk and the City Attorney will have to be there. It will have to be
an official Commission Meeting. I'm hoping that Father Gibson will be well
enough to be here and we won't have that problem. Ok? Now, without any furthet
discussion would you call the roll, please,
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 76-392
A MOTION OF INTENT TO FOLD A SPECIAL CITY COMMISSION MEETING ON
TUESDAY, APRIL 27, 1976, EITHER IN THE CITY COMMISSION MEETING
CHAMBERS AT CITY HALL, OR AT THE RESIDENCE OF REVEREND CANON
THEODORE R. GIBSON, CITY COMMISSIONER, FOR THE PURPOSE OF CON-
SIDERING MATTERS PERTAINING TO THE SELECTION OF A NEW CITY MAN-
AGER TO REPLACE RETIRING CITY MANAGER P.W. ANDREWS; AND TO FUR-
THER EXPRESS THE POLICY OF THE CITY COMMISSION THAT IF ANY MEM-
BER OF THE COMMISSION DESIRES TO TRAVEL TO CITIES ;+:?ERE APPLIC-
ANTS FOR THIS POSITION RESIDE IN ORDER TO INTERVIEW THEM THE
TRAVEL EXPENSES WILL BE BORNE BY THE CITY.
Upon being seconded by Commissioner Reboso, the motion was passed and
adopted by the following vote:
AYES: Mr. Plummer, Mr. Rebosc, 'Its. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
Mayor Ferre: Now ladies and gentlemen, on the item of the withdrawal of these
two candidates I think it would be entirely appropriate for the commission as
a commission to have the Clerk send them a resolution of gratitude;for even
that they would consider the City of Miami certainly does us honor and I think
we ought to recognize that and thank them for the hassle they've had to put up
with by so doing.
Mr. Plummer: I think maybe you ought to consider sending it to all five.
Mayor Ferre: That's a good idea. Well, see there's a difference now
the other three haven't withdrawn and you send one of those things to
and he is going to be upset. You're not through with them yet, see.
ing them that kind of a thing, if you sent me that I'd be upset. I'd
it to those that have withdrawn at this time.
because
Mr. Miller
And send -
just send
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 76-393
A MOTION OF INTENT TO SEND A RESOLUTION TO MR. FRANK SPENCE,
CITY MANAGER OF MIAMI BEACH, AND MR. MERRETT STIERHEIM, COUNTY
ADMINISTRATOR OF PINELLAS COUNTY, FLORIDA, EXPRESSING THE APPREC-
IATION OF THE COMMISSION FOR THEIR INTEREST IN BECOMING A PART OF
THE CITY OF MIAMI GOVERNMENT.
Upon being seconded by Commissioner Gordon, the motion was passed and
adopted by the following vote:
AYES: Mr. Plummer, Mr, Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson,
Mr. Andrews: Mr. Mayor, a point pf clarity. You do not now at this point in
time want me to solicit from the department directors and others this listing?
Mayor Ferre; Well the problem is that we don't have an agreement on that so
I don't see unless everybody comes to an agreement here unanimously. Now maybe
M.r, Plummer might agree to that portion of it.
15
APR 2 21976
Mt. Plum Ohi t have no disagreement, I don't think it is .far enough, I
can go along With that you say I just dontt think it goes fat enough,
Mt, Andtewst He Wants to go beyond the City of Mieni government people,
Mt. Plummer: South Florida. Right.
Mayor Ferret I am not saying what we're going to do but it seems to me as a
mattertook, you knots what t think and that's what Father Gibson just told
me. Father Gibson agrees with what I just said but since he's tot here and
really we can't take a true roll call with him being absent, Mr, Lloyd, can
rather Gibson vote over the phone being absent? He cannot.
Mr. Lloyd: I wish he could but he can't.
Mayor Ferre: So therefore, I .think we'd just better,leave it alone until
Tuesday.
16
APR 2 2 1976
hR;s!Aviu°�� of R���� etc
r $ RHOOD tt4L-OEttNT PLAN STATUS REST $Y
' iBERTS & TObb
Mr. Acton: :fir. Mayor, just a brief background. As you know, the City of Miami
is itt the process of preparing a conference of neighborhood development plan.
The length of time it takes to do that is 18 months. We are now approximately
13 months through the process and it was a 3 phase study, the second phase is
complete. The purpose of Dr.- Walllace's presentation today is to brief the
Commission on what has taken place during phase It.
Mr. Wallace: Mr. Mayor, members of the Commission, I want to first reintroduce
my Associates to you so that as these meetings continue you will remember them.
First of all my partner, Richard Huffman, is here and will share in this presen-
tation; Boris Dramoff, our Director of our local office; Alan Pruitt who is the
area planner for the area which we're going to show you as an example of the
various area plans; Willie Bamayo, also an area planner anc. John Fenger, further
area planner, of the area planners that•have joined with us as part of the team
of the City Departments are not here this morning however, it has been a team
activity jointly with the Department of Planning and our own staff and our •
consultants. I'm going to report on what we have done, what we are now doing and
what we are going to do in our schedule so that you can see exactly what you will
be presented as the ensuing 5 months of our contract and from then on your actions
concerning the final plan itself. First of all, in terms of Phase I, I'll very
quickly go over it, on my right here is the City of Miami divided into planning
areas, 6 planning areas, northeast, allaphatta, downtown extended, Little Havana,
Flagami and Coconut Grove extended. Each of these areas has had a Planning Advisory
Board member designated as liaision member for that area and there have been
conducted at least 3 task force meetings and 2 Planning Advisory Board public
hearings for each of those areas. The maps on my immediate right are simply
samples of the many maps indicated as a result of our Phase I, City-wide analysis.
The first is housing sub markets. The various colors represent similar kinds of
housing in similar rent or sales brackets so that you can see the extent to which
people might move from one or another of these areas. Next map. In terms of
moving housing dynamics, the areas in yellow indicate, the areas in dark brown
indicate high growth, Little Havana as an example, indicate moderate growth in the
safarin and yellow colors, low growth in the lighter green and the stable and yellow
itself, that is little change and disinvestment. There are two kinds of dis-
investment. For example, along Brickell Avenue, disinvestment from housing and
and a renew investment of non -housing activity as contrasted with model city's
where an outright disinvestment in housing; that is, housing abandoned and housing
vacancies. The red is non-residential, essentially over here and the Port of
Miami and the Virginia Keys.
(INAUDIBLE)
Mr. Wallace: Well this is non-residential, Mr. Mayor, by and large...
(INAUDIBLE)
W. Wallace: No, I'm sorry. That's industrial and commercial,
(INAUDIBLE)
Mr. Wallace: That's by and large non-residential. The Civic Center over here
for example aQ opposed to this which is the area. The City conducted
a 100% survey of the City, block by block, property by property, and did a
housing problems study. The various shadings show overcrowding in green, that
is 20 to 100% overcrowding, overcrowding defined as more than one person per•room.
Overpayment, that is more than 25% of income paid in either rent or in attributed
sales payments,..
Mayor Ferre: That's a very dangerous, potentially misleading wording because an
overpayment could be that you just have 4 people who can't afford but it doesn't
meats that they're being overcharged, It would imply to tie that you're overcharging;
that the guy or the government or the people who own the apartment are over-
charging and that may not necessarily be the case,
lit, Wallace: 1 think you're absolutely right, Mr. Mayor, and the point of this is
17 APR 2 21976
that it's part of the evidence that we would be presenting you and Dade County
as an input to the housing assistance plan requirement, that is, areas where
the cost of housing is simply beyond their means and there needs to be some
supplement. Deterioration is in the various categories of blue and red coin=
biped, Next map. The result of this in Phase IS this was presented to the
Commission before, is a city-wide concept plan which shows diversified activity
centers, specialized activity centers such as the Civic Center here, industry,
parks and recreation, institutional high density residential, tedium high
density residential, medium density and low density residential within special
districts such as the riverfront district, special cultural district here around
the center of Flagler and Little Havana and new mass rapid transit routes so
this, for the first time at the end of Phase I, pulled together on a city-wide
basis, a concept plan, that is, it has the basic elements that are ultimately
going to be required in the final plan but at a first cut at it.
(INAUDIBLE)
Mr. Wallace: This is in the inter report, sir.
(IN.AUDIBLE)
Mr. Wallace: This and most of this material is presented i:l the interim report
which was presented to the Commission, I think, in December.
(INAUDIBLE)
Mr. Wallace: I might say for people in the audience who can't see these, these
maps will be available here in the City Hall in the outer office out there and
we can also have these immed_ntely available as you've asked. Then as part
of this Phase I study, ending up with 3 possible growth patterns, a trend growth
that is, simply following the trends that now obtain in terms of increase in
population, areas of no change and areas of decrease, a high growth pattern
which increases the areas that would except and be changed in population and
then a low growth or a plan growth pattern which by and large controls growth
and concentrates it in areas along the Biscayne Bay...
(INAUDIBLE)
r
Mr. Wallace: At this point we're not, sir. This was simply an alternative that
would be considered by the Commission as a consequence moving from this than
into the planning area and neighborhood level, each of these sub -areas were
studied in terms of what it's trends were and what the citizens of the task force
and the various public meetings wanted in terms of growth so that that then
becomes an input that defines which of these and where these kinds of patterns
would be recommended.
(INAUDIBLE)
Mr. Wallace: That's about right, sir. This is what's going to happen unless
there's some kind of major public investment in this kind of an area in terms
of helping to stabilize parts of it and revitalize others.
(INAUDIBLE)
Mr. Wallace: THat's the Civic Center.
(INAUDIBLE)
Mr. Wallace: Well that's very interesting because the area that we're moving
to now over on the maps on the right, on the Commission's left, are the
Allaphatta area which includes the Civic Center as you can see in detail and
these are examples and any questions you have, either Dick Huffman, Boris
Dramoff or Alan Pruitt, who is the area planner for this area can answer.
These are only a few of the very many maps, perhaps 15 or 18 of these maps for
each of the planning areas and this is planning area "F" - Allaphatta. The
first map that Dick Huffman is pointing to there is the teacher land used concept
plan. It indicates the Miami River, the Civic Center and recommendations around
the Civic Center for on the one side, housing mixed with offices and Doctors
offices and things like that and on the other side, more intense housing devel-
opment, The corridor of industrial and the commercial along the major streets
with the various categories of yellow indicating low density, moderate and in
some cases high density residential,
Mayor Ferre; Andy, could you cut those lights off, I don't see any television
APR 221976
stations around here►
Mr► Wallace: Alright, the next tap indicates this is a very key tap which is
proposed lard use changes► Now 1 tight emphasize here that we'te beginning
to sharpen in in detail in the Allaphatta area for recommended land use changes.
1 mentioned before the increase in density of housing and mixture of housing
with Doctors offices and comttercial of that kind in the area itediately east
of the Civic Center. tikewise, in the area immediate west of the Civic Center,
named number 5 there, an inctease itt density of housing as a consequence to the
proximity of the major employment of the Civic Center itself, The other numbers
refer to first of all the objectives which is the legend on the left-hand side
and then the specifics in terms of recommendations on the right-hand side.
These, incidentally, in specific cases, will be turned into recommendations
regarding zoning change not as part of this plan study but as part of the insuing
zoning Ordinance change which Dr. Ernest Bartley, our consultant, will continue
on in that. ON the map on the left, the economic development program. This has
reference to first of all maintaining existing employment opportunities, main-
taining and enhancing existing employment opportunities in areas such as the
industrial corridor there with the 3, 4 and 5 referring to the level of govern-
mental involvement in these opportunities. The kind of things that are recom-
mended, for example, are off-street parking, in some cases, better access through
the transit system and so on. If you have questions about any of the details,
please ask them now and we'd be glad to talk about it. In a similar fashion,
incidentally, the major thrust of the economic development program is jobs and
job opportunities to stabilize jobs where they are to increase the opportunity
for businesses to form and to locate in these areas some of which are not very
intensively developed for the business opportunities. The neighborhood develop-
ment program basically goes from a category 1 which is a minimum governmental
involvement simply helping the neighborhoods and communities stabilize their
own neighborhoods to a category 2 where there is need for more governmental
intervention or involvement to category 3 where a substantial amount of govern-
mental assistance is needed through, perhaps, the housing assistance plan through
the Dade County's various kinds of rehabilitation programs and loan assistance
on the area for where even more governmental assistance is needed. The community
facilities concept plan is, in , the catalog of the capital improvement
programs and the various other kinds of programs that are recommended by the
neighborhoods themselves. You might• read off, Dick, several of those categories.
Mr. Huffman: Family clinic, elderly
borhood park, recreation facilities,
rerouting, predestrian access...
Mayor Ferre: Let me understand this
want not what you're recommending.
Mr. Wallace: Well let me say this.' There's 2 categories of things there.
Some of those specifics have already been recommended by the City and the
neighborhood has an expectation of their being delivered at some future point
in time. Other things have been recommended by the neighborhoods themselves
and reviewed by us and we, in effect, concur in their need. Now this is a
needs program as opposed to a capital program so it is something that we have
recognized and the Planning Advisory Board has recognized as a need for the
neighborhood as expressed by the neighborhood or as expressed by the City itself.
Many of the things are where there is a site that's all but agreed upon, they
are sites specific but many of them are not site specific. That is, they're
simply recommended as a need for the general area, a small park, day care centers,
etc..
clinic, day care center, mini -park, neigh -
off -street parking, transit lines, bus
Mrs. Gordon: Which colors are...
again. Now this is what the neighborhoods
Mr. Wallace: They are, however, at this point, recommendations at the planning
area level which then have to be incorporated into the third phase which is a
synthesis on a city-wide basis. You have a question, Mrs. Gordon?
Mrs. Gordon: Yes, the colorings. I can't read it from here.
Mr. Huffman: The colored lands are the existing facilities, the blue being
governmental , green being . Assisted housing being the tan
color, parking facilities being gray.
Mrs. Gordon;
Which one are the day care and mini -park?
M. Huffman; Day care and mini -park and the series of facilities like that are
19
APR 221976
shown with different symbols. The symbols are located...
Mrs. Gordon: Can we get a copy of that of are you going to prepare something
for us?
Mr. Wallace: Mrs. Gordon, these ate being put together into a type
newspaper which will reproduces and I don't know how many copies we're talking
about and distributed in the neighborhoods to get feedback from the communities
themselves so the answer is "yes", these will be available very shortly in that
form. Now that is what we have now completed. In other words, we've now done
a concept plan for each of the planning areas similar to the ones you see here
for all of the 6 planning areas and they have been reviewed by the communities
and approved by the Planning Board, the Planning Advisory Board for distribution
back to the communities to get community reaction. We have now entered Phase
III which is putting these together into a synthesis on a city -vide basis which
will be the preliminary comprehensive plan and this preliminary comprehensive
plan will be prepared within a month, we hope May 15th although we can't exactly
promise that speeific date. I mentioned that we're putting out the newspapers
at the same time. We are also all of these capital improvement needs
and costing them out and translating them into operating costs so that
they can be 'put together as a, if you will, a major list of the capital improve-
ment needs as each of these planning areas sees them in the community itself.
This is a major input to the City's capital investment programming process which
is now being initiated under Assistant Manager Crumpton. This process is also
identified special zoning problems and made general recommendations for either
intensifying zoning or holding the zoning in some areas and this is an input to
the next contract which I believe the City is going to extend to Dr. Bartley.
He's been our consultant on zoning to, in effect, revise the zoning ordinance
and the zoning maps, not part ;f this contract of ours. We're also preparing
an overall housing strategy which will be the major input to the City's housing
assistance plan required for its community development funding and for Dade
County's housing assistance plan, an allocation of the number of specific section
8, for example, housing programs, within the City of Miami. This we're not at
present in a position to present to the Commission. We're writing a technical
report which is part of our required contract which will terminate October 1st
and we expect to start the final plan document about July 30th, that is, we're
starting a final plan document as soon as we put the preliminary plan together
but the actual publication will start about July 30th. Is there anything else
that you would like to add, Dick or Boris t what this progress report has been?
That's all I have Mr. Mayor, members of the Commission.
Mayor Ferre: Are there any questions then from any members of the Commission
at this time of Dr. Wallace or any member of his team?
Mrs. Gordon: I think it's very good that we're receiving this presentation
however I feel as you do that to digest all of this and to remember specifically
what is in it, it's going to be an impossible task.
Mayor Ferre: I wonder if we could do this, I'm just thinking out loud now.
Suppose you make this available to the Commission for a week in the conference
room because I need to spend an hour just looking over this whole thing and
then I'd like to set up a work session rather than something like this right
in the conference room where we can sit around a table and I'll have 20 questions
by then and I'm sure we'll all have questions which, frankly, with this kind of
a presentation and my being 20 feet away, I can't see anyway and from this
distance, all these little things, one of them looks like a swastika and the
other one looks like a stag crossing the road or something, I don't know what
all those things mean so I've got to go and really study and see what it all
says and then I might have some intelligent questions but now all I can do is
fumble around.
Mrs. Gordon: Get the Clerk to type up the minutes of this portion of this
meeting prior and we could then refer to your presentation as we look at these
maps,
Mayor Ferre: And I'll tell you what I'd like to do. Then, perhaps, at our next
meeting which 1 guess would be in May 13th, perhaps we can schedule a 1 hour
work session of some sort and rather than do it this way, do it around a table
where we can actually get up and look at the map and say well how about this
and why did you do this and you may not have to be here but perhaps ,some of
your people that can answer.,,
Mr, Wallace: There's an awful lot of detail, Mr, Mayor, as you can see, Last
20
APR 2 21976
night, for example, we had the last Planning Advisory Board meeting in the
northeast area, up in Legion Park and there was good attendance on the communi-
ties part attd they went into absolute detail about such stall things as minor
change in a street pattern, what do we mean by a sidewalk itptoVeflent and tight
on down to that kind of nitty gritty level of detail which is where people live
and this is very important.
Mayor Ferret Great but we also need to do this somewhere along the line; 1 have
a terrible aversion to all of the Utopian plans that never get done and I think
as we go along, we've got to really measure the nitty gritty, they're just
practical, simple, pragmatic things that can be done and achieved and then
perhaps the Utopian aspects of where we want housing.,. Let me give you just
a small example of the type of thing that I'm concerned about and this is not
a criticism of you but a criticism of this community of how we do things wrong
here. You and your plan set aside a housing area in the downtown core area.
Now would you believe me that the local AIA Chapter went ahead without consul-
ting anybody on the Commission, without even calling Paul Andrews, without
talking to the downtown development authority and put up an $18,000 competition
without any input from anybody. Now, for example, you say so what, what's that?
They come within one block of Biscayne Boulevard on housing because that's the
way the plan has it. Now theoretically, that might be somebody's theory as to
what's going to happen but you know just as well as I do that if there's going
to be any housing in that area, you know it's going to happen. The first step
is going to go right on Biscayne Boulevard because somebody doesn't want any
building in front of them, they want to be in front of the park, it's the
logical place for somebody to put up the first housing unit so for people to
ignore that maybe theoretically in planning somebody thinks ought to happen
because, well one particular member of this community who ran against me for
the Mayorship in 1973 had the i'4ea that we were going to have stepped -up
buildings so that along Biscayne Boulevard you couldn't go more than 2 stories
and then behind the next block you could go up to 5 stories and then you could
go up to 10 stories and then 15 and then 20 and then 30 and then 40 by the time
that you got to the courthouse. Well I said that's very nice but suppose I own
property behind the courthouse, now you therefore are going to say that I can't
see the Bay so theoretically it doesn't mean anything, it's just alot of mumbo
jumbo that you can't put buildings because wherever you put them, you're going
to block the guys behind you and there's no way you can have a City, there's
no way you can have one acre estates and have rapid transit to it. It's just
a Utopian dream but realistically, it cannot happen. You cannot have an
effective paying rapid transit system and also insist on one acre estates, it
just doesn't happen and there's no way that you can say that you're not going
to have high density in a core City - it's just not going to happen. Therefore,
I hope that as we go through this process and these neighborhood hearings, I
don't know what everybody's asking for but I've been to some of these neighborhood
hearings that are really unbelievable with the people wanting all of these things.
We're not going to have that kind of money in the next 50 years in this City to
do some of the things that people want done so I'm hoping that as we go on, we
will keep some kind of a realistic balance between what people want to do and
dream and what really can be done.
Mr. Wallace: Well we certainly have that in mind and this is not going to be a
Utopian planning process. I think it's important to emphasize again that the
State Law requires, for the first time, that plans be economically feasible and
that the sources of funds, the possibility of financing be part of the plan
itself and I think that what Assistant City Manager Crunipton has in mind when
he refers to rather than a capital program, a capital investment program, is
matching up the needs against the City's capability of financing and then
arraying these in a category of do ability.
Mayor Ferre: Right, well we thank you very much for your help and we certainly
hope that we can avoid future Doxiadis plans that are very beautiful ideas
that if we could ever do them, this would be the capital of the world but we
have to live with them after Dr. Doxiadis goes back to Athens so I have a
feeling that you're very conscience of that and I'm very happy to see that, I
frankly think, that from a distance of 30 feet, this looks very good, I hope
that as we get closer to it that it stands up as well. Thank you, sir.
Mr. Wallace; Well of course when we present the final plan, this will be still
a recommendation to you and you will be then undergoing public hearings and long
debates and discussions about how it should be modified,
Mayor Ferre; Thank you again and we'll see some of you hopefully sometime In
May, Thank you.
21
APR 221975
ter►
AMEND 6871 - REbUCE ZONED STREET WIDTH - S.W 36 CT FROM 17TH STREET SOUTH►
AN ORDINANCE ENTITLED-
i+ T.nvsf r Mtn NA Cr 140, Aft71 TUP rnMPRPAR gtVR
ZONING ORDINANCE FOR THE Ott/ OF MiAMI, BY ADDING PARAGRAPH
(121-A) TO ARTICLE XXV, SECTION 1, ESTABLISHING A REDUCTION
OF THE ZONED STREET WIDTH FOR S.W. 36TH COURT FROM S.W. 17111
STREET SOUTH FOR A DISTANCE OF APPROXIMATELY 140 FEET; REPEAL-
ING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT
INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABIL&
ITY PROVISION.
passed on its first reading by title at the meeting of March 25, 1976 was taken up
for its second and final reading by title and adoption. On motion of Commissioner
cordon, seconded by Commissioner Plummer, the ordinance was thereupon given its
second and final reading by title and passed and adopted by the following
vote -
AYES: Mr. Plummer, Mr, Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8543.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
5, FEES: ENNIS COURTS
I.L. MACHINE
AMEND SECTION 39-3 OF BADE,
A*T nvnrwtA" CF ENTITLED -
AN ORDINANCE AMENDING SECTION 39-3 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, INCREASING TENNIS COURT FEES
AND ESTABLISHING RENTAL FEES FOR THE USE OF THE BALL MACHINE
AT DESIGNATED TENNIS FACILITIES IN THE CITY OF MIAMI; REPEAL-
ING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH;
CONTAINING A SEVERABILITY PROVISION AND PROVIDING FOR AN
EFFECTIVE DATE.
passed on its first reading by title at the meeting of March 25, 1976, was taken up
for its second and final reading by title and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Reboso, the ordinance was thereupon given its
second and final reading by title and passed and adopted by the following
vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8544.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
22
APR 221976
DECLARE tN1 NtION " bt tsE
PLANNING At OF 19/D) (AMR
411
[TY UNDER LoCAL G VERNMENt CREtiENsIVE
LAWS OF FLoRI A
AN ORDINANCE ENTITLED=
AN ORDINANCE DECLARING THE INTENTION oi` THE CITY OP MIAMI
TO EXERCISE AUTHORITY GOER LOCAL GOVERNMENT COEEHENsIV'E
PLANNING ACT OP 1975 CHARTER 75=257, LAWS OP FLORIDA, FOR
THE TOTAL AREA UNDER ITS JURISDICTION BY PREPARING AND
ADOPTING COMPREHENSIVE PLANS WITHIN THE CORPORATE LIMITS
OP THE CITY OF MIAMI; REPEALING ALL ORDINANCES, CODE SECT=
toNS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN
CONFLICT; CONTAINING A SEVERABILITY PROVISION,
passed on its first reading by title at the meeting of March 25, 1976, was taken up
for its second and final reading by title and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Reboso, the ordinance was thereupon given its
second and final reading by title'and passed and adopted. by the following
vote-
AYES: Mr, Plummer., Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8545.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
DESIGNATE PLANNING ADVISORY POARD AS CITY'S LOCAL PLANNING AGENCY,
AN ORDINANCE ENTITLED -
AN ORDINANCE DESTGNATTNG THE PLANNING ADVISORY BOARD OF
THE CITY OF MIAMI AS THE LOCAL PLANNING AGENCY AS REQUIRED
BY AND IN CONFORMANCE WITH CHAPTER 75-257, LAWS OF FLORIDA
"LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT OF 1975";
REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF
IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A
SEVERABILITY PROVISION.
passed on its first reading by title at the meeting of March 25, 1976, was taken up
for its second and final reading by title and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Gordon, the ordinance was thereupon given its
second and final reading by title and passed and adopted by the following
vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8546.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
8. ACCEPT COMPLETED WORK OF AD-A-LITE ELECTRIC, INC. FOR KINl.ACH PARK-IMPROVEMENTS-1975
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-394
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY AD-A-LITE
ELECTRIC, INC. AT A TOTAL COST OF $75,238.45 AND AUTHORIZING A
FINAL PAYMENT OF $7,523.85 FOR KJNLOCH PARK - I) ROVEMENTS-1975.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon,
adopted by the following vote-
AYES; Mr, Plummer, Mr, Reboso, Mrs, Gordon and Mayor Ferre.
NOES: None,
ABSENT: Reverend Gibson.
the resolution was passed
and
23
APR 2 21 76 1
,O P or
BID COMP ED WORK OF A„J, HOUSE a SONS4 INC, FOR FASHION HIGHWAY IMPROVEMENT
4 i
The following resolution was introduced by Commissioner Plumet who moved
its adoptions
RESOLUTION N0, 76-395
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY A.J. HOUSE
& SONS, INC. AT A TOTAL COST OF $101,942,75 AND AUTHORIZING A
FINAL PAYMENT OF $10,006,18 FOR THE FASHION HIGHWAY IMPROVEMENT
H-4381 BID "B" (STORM DRAINAGE) IN FASHION HIC}fl7AY IMPROVEMENT
DISTRICT H-4381 BID "B" (STORM DRAINAGE),
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.).
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote-
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
10, PLAT ACCEPTANCE - THIRD ADDITION TO FOUR-WAY LODGE ESTATES.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-396
A RESOLUTION ACCEPTING THE PLAT ENTITLED THIRD ADDITION TO
FOUR-WAY LODGE ESTATES, A SUBDIVISION IN THE CITY OF MIAMI,
AND ACCEPTING A COVENANT TO RUN WITH THE LAND POSTPONING
THE IMMEDIATE CONSTRUCTION OF SIDEWALK AND AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE
PLAT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson
11. ALLOCATE $126,549,00 FROM "SANITARY SEWER BOND FUNDS"
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-397
A RESOLUTION ALLOCATING THE ADDITIONAL AMOUNT OF $126,549.00
FROM THE ACCOUNT ENTITLED "SANITARY SEWER BOND FUND"; TO COVER
THE FEES OF THE PUBLIC WORKS DEPARTMENT FOR DESIGN, SURVEY
AND INSPECTION COSTS FOR THE PROJECTS (LISTED IN SECTION 1 OF
THIS RESOLUTION) CURRENTLY UNDER CONTRACT AND FUNDED BY SAID
"SANITARY SEWER BOND FUND" ACCOUNT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote -
AYES; Mr, Plummer, Mr. Reboso, Mrs, Gordon are Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
24
APR 221976
14
12
0 ALLd•AtE $12,514,00 FROM "STORM SEWER 8oUD Fu►Ot►,
The following resolutiott was introduced by Commissioner Plutmteti who loved
its adoption:
RESOLUTION NO, 76-308
A RESOLUTION ALLOCATING fl4E AbbITIONAt AMot1NT OF $12,534.00 PROM
THE ACCOUNT ENTITLED "STORM SEWER BOND MINDS"; To COVER THE PttS
OF TUE PUBLIC WORKS DEPARTMENT FOR DESIGN SURVEY AND INSPECTION
COSTS FOR THE PROJECTS (LISTED IN SECTION 1 OF THIS RESOLUTION)
CURRENTLY UNDER CONTRACT AND FUNDED BY SAID "STORM SEWER BOND
FUNDS" ACCOUNT.
(Here follows body of resolution, omitted here and on file
in the office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote-
AYES: Mr, Plummer, Mr. Reboso Mrs. Gordon and Mayor Ferre:
NOES: None.
ABSENT: ReverendGibson
13, ALLOCATE $15,325,00 FROM "HIGHWAY BOND FUNDS"
14.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-399
A RESOLUTION ALLOCATING THE ADDITIONAL AMOUNT OF S15,325.00
FROM THE ACCOUNT ENTITLED "HIGHWAY BOND FUNDS"; TO COVER THE
FEES OF THE PUBLIC WORKS DEPARTMENT FOR DESIGN, SURVEY AND
INSPECTION COSTS FOR THE PROJECTS (LISTED IN SECTION 1.OF
THIS RESOLUTION) CURRENTLY UNDER CONTRACT AND FUNDED BY SAID
"HIGHWAY BOND FUNDS" ACCOUNT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
TE $1,616.00 FROM "POLICE HEADQUARTERS & CRIME PREVENTION FACILITIES
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-400
A RESOLUTION ALLOCATING THE ADDITIONAL AMOUNT OF $1,616.00 FROM
THE ACCOUNT ENTITLED "POLICE HEADQUARTERS AND CRIME PREVENTION
FACILITIES BOND FUNDS"; TO COVER THE FEES OF THE PUBLIC WORKS
DEPARTMENT FOR DESIGN, SURVEY AND INSPECTION COSTS FOR THE PROJ-
ECTS (LISTED IN SECTION 1 OF THIS RESOLUTION) CURRENTLY UNDER
CONTRACT AND FUNDED BY SAID "POLICE HEADQUARTERS AND CRIME
PREVENTION FACILITIES BOND FUNDS" ACCOUNT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk,)
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote -
AYES: Mr. Plummer, Mr, Reboso, Mrs. Gordon and Mayor Perre,
NOES: None,
ABSENT: Reverend Gibson.
APR 2 2 1976
15, ALLOCATE $6,055,00 PROM "PUBLIC PARKS & RECREATIONAL EACILItIES ONb FUNbS`
The following resolution was introduced by Co liissioner Plumtuet, who moved
its n4(rtion!
RESOLUTION NO. 76-401
A RESOLUTION ALLOCATING THE ADDITIONAL AMOUNT OF $6,055.00 FROM
THE ACCOUNT ENTITLED "PUBLIC PARKS & RECREATIONAL FACILITIES BOND
FUNDS'; TO COVER THE FEES OP THE PUBLIC WORKS DEPARTMENT FOR DE-
SIGN, SURVEY AND INSPECTION COSTS FOR THE PROJECTS(LISTED IN SECT--
ION 1 OF THIS RESOLUTION) CURRENTLY UNDER CONTRACT AND FUNDED BY
SAID "PUBLIC PARKS & RECREATIONAL FACILITIES BOND FUNDS" ACCOUNT,
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor ferre.
NOES: None.
ABSENT: Reverend Gibson.
16, gNR iAL �JITARY SEWER IMPROVE EIT SR-3Z4-C & SR-5374-S
MUTHORIZE ITY CLERK TO PUBLISH NOTICE OF t'UBLIC HEARING FOR OBJECTIONS TO
ACCEPTANCE OF COMPLETED CONSTRUCTION
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-402
A RESOLUTION AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE OF
PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COM-
MISSION OF THE COMPLETED CONSTRUCTION OF GLENROYAL SANITARY
SEWER IMPROVEMENT SR-5374 C (CENTERLINE SEWER) AND SR-5374 S
(SIDELINE SEWER) IN GLENROYAL SANITARY SEWER IMPROVEMENT DIST-
RICT SR-5374 C (CENTERLINE SEWER) AND SR-5374 S (SIDELINE SEWER).
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
17, EXTERNAL AUDITING FIRMS; CHANGE FIRJS EVER THREE YEARS, REQUEST CITY MANAGER
TO SUBMIT 5 FIRMS FOR POSSIBLE SELECTION.
Mr. Andrews: Mr. Mayor and members of the commission, I'm going to recommend
that we enter into a contract for one mare veer with Touchy Ross hut with the
understanding that after this year's contract, of course, I won't be here but
the staff will remind the commission that then we go to a public process of
selecting a new accountant.
Mr. Plummer: Move it. Well, what are your time perimeters? That's your prob-
lem. What's your time perimeters, Mr. Andrews?
Mr. Andrews: You know I don't know. Ok, the staff advised me that we are in
a time bind,
Mayor Ferre: I'll tell you, I disagree and it has nothing to do with any of
these firms. I just think that, and I thfk the world of Touche Ross, but
they've been with the city for how many years now?
Mr, Andrews: Eight years.
Mayor Ferre: I want to tell you something. They also did a lot of work for
the county and about two or three years ago the county moved it around a little
bit. The county said, and I think it is a good policy to take, that that thing
ought to be roved around every so many years, And I don't see why the city
�I)
APR 22197
fh
should be in any tay different. And therefore, I disagree with your recommend=
ation,
Mr, Plummer: t withdraw fifty motion:
Mayor yerre: In my opinion t think that this ought to go to some kind of a bid
process. and that you cote to with recommendations at least and we select,,.
When does the county rotate it, every five years, every three years of what?
Mr. Andrews: I'm not sure, Mr, Mayor.
Mayor Ferret Well, why don't you find out. And I think we ought to do the same
thing, We ought to rotate this thing every three years and let all of these
public accounting firms have an•opportunity, I'm talking about the major firms.
... There must be seven or eight, Let me put it to you this way. Some of
these firths have a tremendous amount of civic involvement. They go out of their
way to help this community in many many ways. I think people who do that ought
to have some kind of recognition and I think it ought to be limited to a three
year term so somebody has got a chance. I don't think it necessarily has to be
where all eight or nine or fifteen firms have a rotation because then we'll never
get back but I would certainly say that no firm should repeat itself beyond three
years. Now maybe the 6th year they could come back if they so deserve. But I
think it ought to be on a rotating thing.
Mr, Plummer: Are you asking the Manager to come back with three firms?
Mayor Ferre: That's correct.
Mr. Plummer: Fine, do it the next commission meeting.
Mr. Andrews: As I understand it I'll submit three firms and the commission will
choose one of those three firms.
Mayor Ferre: That's right. And furthermore I think you ought to work on a
resolution so that we can get a motion of the policy of the commission maybe
even an ordinance. I don't know how far you can go on this, similar to what
the county has done whatever that is. I don't know. But I think that we ought
to very carefully think about this and I don't think it should be necessarily
on a rotating basis but say that every three years the Manager comes up with
three recommendations and let the commission select again, that type of a thing.
Is that acceptable?
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 76-403
A MOTION OF INTENT TO CHANGE EVERY THREE YEARS THE FIRMS PER-
FORMING THE EXTERNAL AUDIT FOR THE CITY OF MIAMI, AND REQUEST-
ING THE CITY MANAGER, AT THE NEXT REGULAR MEETING OF THE COM-
MISSION, TO SUBMIT THE NAMES OF THREE AUDITING FIRMS IN ORDER
THAT THE COMMISSION MAY SELECT ONE OF THE THREE TO PERFORM
THIS AUDIT FOR THE CITY AT THE EXPIRATION OF THE PRESENT AUDI-
TOR'S CONTRACT.
Upon being seconded by Commissioner Reboso, the motion was passed and
adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre,.
NOES: None.
ABSENT: Reverend Gibson.
27
APR 221976
181 A L0GAtE 6, .1.1 ROM "1972 PARK & RECREATIONAL FACILItIES POND FUND"
rORtAELE DOCKS FOR RN I NGS I OE f ARK,
The following resolution was introduced by Cotmnissionef Plummer, who Moved
its adoption:
r11
RESOLUTION NO. 76=404
A RESOLUTION AMENDING RESOLUTION NO. 76-226, ADOPTED FEBRUARY
26, 1976 WHICH HAD ACCEPTED THE BID OF INTERNATIONAL FIBERGLASS
INDUSTRIES FOR THE FURNISHING OF PORTABLE DOCKS FOR MORNINGSIDE
PARK IN THE AMOUNT OF $6,841.11 WITHOUT INDICATING THE SOURCE
OF FUNDS THEREFOR; BY PROVIDING IN SAID AMENDMENT FOR. THE ALLO-
CATION OF SAID FUNDS FROM THE 1972 PARK AND RECREATIONAL FACIL-
ITIES BOND FUND.
(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. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
•
19, NFIRM MANAGER'S SIVBMIS ION OF GRANT APPLICATION TO THE JOSEPH P. KENNEDY .JR.
IOUNDATION FOR DAY LAMP }ROGRAM.
The following resolution via.; introduced bv.Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-405
A RESOLUTION APPROVING AND CONFIRMING THE ACTION TAKEY BY THE
CITY MANAGER IN SUBMISSION OF A•GRANT APPLICATION TO THE JOSEPH
P. KENNEDY, JR. FOUNDATION FOR A DAY CAMP PROGRAM AND AUTHORIZ-
ING THE CITY MANAGER TO ACCEPT THE GRANT AND TO EXECUTE THE
NECESSARY CONTRACTS AND AGREEMENTS TO IMPLEMENT THE PROGRAM
UPON RECEIPT OF THE GRANT.
(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. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
20. FEDERAL REVENUE SHARING FUNDS - DISCUSSION
Mr. Andrews: Mr. Mayor and members of the commission, I'm not ready to present
all of that informat?.nn rn vo,., cn T havP to ask vnu to defer. that. Rut T want
the commission to give me approval at this stage so I can go ahead and make commit-
ments. We had one Parks and Recreation Project in which we have park benches and
a few other projects. We can find the $7,500 that the commission has been looking
for me to find and I'm going to program that in this reallocation of the Federal
Revenue Sharing Funds. The information I'll be bringing to you really is a con-
tinuation of programs you've already approved but I'm going to juggle some of that
to find the $7,500 to provide for the special Latin program that we talked about,
So I wanted you to know that - the Latin Chamber of Commerce Program.
Mr. Plummer: To bring the convention here.
Mr. Andrews: The Chamber of the Americas. So I'll be presenting that to you at
the next meeting. I don't want any action but I want to notify them so that
they're not concerned that the money will be available and I'd like the commiss-
ion's committment that they will go ahead and do that. I realize, that I have
you at a disadvantage in that you don't have this before you but I want to assure
you that that which we're working on will work out alright.
Mayor Ferre; I'm sorry, Paul, what was that last sentence?
Mf. Aiidtews: I Want to assute the commission
makes sense and what we present to you you'll
able to tell the Latin Chafhber that this dill
21, tSTARLISH POLICY THAT DIRECT COSTS ASSOCIAT
USER WHEN NORMAL PEE IS WAIVED EY THE CITY
that that which we're wotktng on
accept but 1 would like to be
be acted Oft on the 14th.
gp WITH CITY'S SHOWMODILS DE RAID tY
LOMMISSION,
The following resolution was introduced hi, Commissioner Plummet, tahn mewed
its adoption:
RESOLUTION NO. 76-406
A RESOLUTION ESTABLISHING THE POLICY THAT DIRECT COSTS ASSOCIATED
WITH THE CITYtS SHOWMOBILE BE PAID BY THE USER WHEN THE NORMAL FEE
IS WAIVED BY THE CITY COMMISSION.
(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. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
22, )JTHORIZE G ANT APPLICATION TO THE FINE ARTS COUNCIL OF FLORIDA FOR A CULTURAL
t POSITION NROGRAM'
23,
The following resolution wcq introduced by Commissioner Plummer, who moved
its a4optiont
RESOLUTION NO. 76-407
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT
APPLICATION TO THE FINE ARTS COUNCIL OF FLORIDA FOR A CULT-
URAL EXPOSITION PROGRAM AND FURTHER AUTHORIZING THE CITY MAN-
AGER TO ACCEPT THE GRANT AND EXECUTE THE NECESSARY CONTRACTS
AND AGREEMENTS TO IMPLEMENT THE PROGRAM UPON RECEIPT OF THE
GRANT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
FOUR aR EMUS ` T�F� I TEHASMENGF 1661 i. "A" DEVE<.oPtyENr
The following resolution was introduced by Commissioner Gordon, who moved
it9 adoption:
RESOLUTION NO. 76-408
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT
APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVEL-
OPMENT FOR A PEDESTRIANIZATION OF "LITTLE HAVANA" PLANNING
PROGRAM AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT
THE GRANT AND EXECUTE THE NECESSARY CONTRACTS AND AGREEMENTS
TO IMPLEMENT THE PROGRAM UPON RECEIPT OF THE GRANT.
(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. Plummer, Mr. Reboso, Mrs, Gordon and Mayor Ferre,
NOES; None,
ASSENT; Reverend Gibson,
9
APR 221976
24. RE
MOTION OF INTENT.,QUESTING STATE LEGISLATURE CONSIDER PERMITTING SUMMER
JAI ALI IN DADE COUNTY,
The following Motion was introduced by Coriffnissioner Plummer 3 who Moved its
adoption
MOTION NO, 76-409
A MOTION OF INTENT TO SEND A RESOLUTION TO THE MEMBERS OF THE
FLORIDA DELEGATION TO THE STATE LEGISLATURE REQUESTING SERIOUS
CONSIDERATION OF LEGISLATION PERMITTING SUMMER JAI ALI IN DADE
COUNTY.
Upon being seconded by Commissioner Gordon, the motion was passed and
adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
25, BID ACCEPTANCE — MOTOROLA C & Ea INC. — EKG TELEMENTARY MODULATORS, TRANSMITTERS
AND RECEIVERS,
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-410
A RESOLUTION ACCEPTING THE BID OF MOTOROLA C & E INC. FOR
FURNISHING THE FIRE DEPARTMENT WITH FOUR PORTABLE EKG TELE-
MENTRY MODULATORS, TRANSMITTERS AND RECEIVERS, AT A TOTAL
COST OF $12,480; ALLOCATING $6,240 FROM 1975-76 FEDERAL
REVENUE SHARING FUNDS AND WITH $6,240 BEING ADVANCED BY THE
CITY PENDING REIMBURSEMENT FROM THE 1975-76 STATE OF FLORIDA
EMERGENCY MEDICAL SERVICE GRANT-IN-AID BY WAY OF REIMBURSE-
MENT PURSUANT TO DADE COUNTY, FLORIDA INTERLOCK AGREEMENT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
26. BID ACCEPTANCE — PHYSIO—CONTROL CORP, — BATTERY OPERATED DEFIBRILLATOR CARDIOSCOPES
AND RECORDERS,
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-411
A RESOLUTION ACCEPTING THE BID OF PHYSIO-CONTROL CORP. FOR FURN-
ISHING THE FIRE DEPARTMENT WITH FOUR BATTERY OPERATED DEFIBRILLATOR
CARDIOSCOPES AND RECORDERS, AT A TOTAL COST OF $17,980; ALLOCATING
$8,990 FROM 1975-76 FEDERAL REVENUE SHARING FUNDS AND WITH $8,990
BEING ADVANCED BY THE CITY PENDING REIMBURSEMENT FROM THE 1975-76
STATE OF FLORIDA EMERGENCY MEDICAL SERVICE GRANT-IN-AID BY WAY OF
REIMBURSEMENT PURSUANT TO DADE COUNTY, FLORIDA INTERLOCK AGREEMENT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote -
AYES; Mr, Plummer, Mr. Reboso, Mrs, Gordon and Mayor Ferre.
NOES; None,
ABSENT; Reverend Gibson,
APR 221976
i tit) AtC PtANNE - rtRIr STATION ode, 5 AND APPROPRIATING ADDITIONAL FuNDs.
The following tesolution Was ihtroduced by COMMiSsidfiet Plutiet, who loved
its Adoption:
RESOLUTION NO, 76-412
A RESOLUTION ACCEPTING THE BID OF F, BILBOA AND ASSOCIATES, INC.
IN THE AMOUNT OF $429,340 FOR THE CONSTRUCTION OF NEW FIRE STAT-
ION NO, 5, AT N.W, 12 AVENUE AND 20 STREET, IN THE CITY OP MIAMI;
ALLOCATING THE AMOUNT OF $412,013 FROM THE ACCOUNT ENTITLED "FIRE
FIGHTING & RESCUE FACILITY BOND FUNDS" AND THE AMOUNT OF $17,327
FROM THE ACCOUNT ENTITLED "CAPITAL IMPROVEMENT FUND -UNALLOCATED
FUNDS" TO COVER THE CONTRACT COST; ALLOCATING FROM TO. ACCOUNT
ENTITLED "CAPITAL IMPROVEMENT FUND - UNALLOCATED FUNDS" THE AMOUNT
OF $47)227,40 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING
FROM SAID ACCOUNT THE AMOUNT OP $8,586,60 TO COVER THE COST OF
SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES AND POSTAGE;
ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $17)000 TO COVER THE
COST OF FURNISHING AND EQUIPMENT; AUTHORIZING AND DIRECTING THE
CITY MANAGER AND THE DIRECTOR OP FINANCE TO UTILIZE "CAPITAL
IMPROVEMENT FUND - UNALLOCATED FUNDS" IN THE AMOUNT OF $90,141
TO SUPPLEMENT EXISTING FIRE FIGHTING & RESCUE FACILITY BOND
FUNDS UNTIL SUCH TIME AS ADDITIONAL BOND FUNDS ARE AVAILABLE AND
AUTHORIZING REPAYMENT FROM PROCEEDS OF SAID BONDS WHEN SOLD; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID
FIRM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
Mr. Plummer: Mr. Mayor, for Father Gibson so he can settle back down in his bed,
I'm sure his concern, Mr. Manager, would be that in the building and the contractor
who does this new fire station that the problem that arose with the station at 36th
Street will not crop up again. Have the safeguards been built in there?
Mr. Andrews: Yes.
28, BID ACCEPTANCE - MOTORCYCLES FOR PUBLIC PROPERTIES,
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-413
A RESOLUTION ACCEPTING THE BID OF HARLEY DAVIDSON OF MIAMI, INC.
FOR FURNISHING 10 MOTORCYCLES, AT A TOTAL COST OF $34,000, TO
THE DEPARTMENT OF PUBLIC PROPERTIES FOR USE BY THE POLICE DEPART-
MENT; ALLOCATING FUNDS FROM FEDERAL REVENUE SHARING FUNDS FOR THE
POLICE DEPARTMENT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote-
AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
31
APR 221976
4i d
29. BID ACCEPTANCE - LAMAR UNIFORMS FOR DEPARTMENT OF FIRE,
The following resolution was introduced by Coflmiissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-414
A RESOLUTION ACCEPTING THE BID RECEIVED FROM LAMAR UNIFORM CO.
FOR PURNISHING UNIFORMS, AS REQUIRED, AT A UNIT COST, FOR USE
BY THE FIRE DEPARTMENT PROM MARCH 1, 1976 TO FEBRUARY 28, 1977;
AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PUR-
CHASING DEPARTMENT TO ISSUE PURCHASE ORDERS, AS REQUIRED, FROM
PUNDS PROVIDED THEREFOR IN THE 1975-76 FISCAL YEAR BUDGET.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote-
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
30. BID ACCEPTANCE - TRECK PHOTOGRAPHI & SAMUEL SCIENTIFIc INSTRUMENTS, INC. -
COLOR PHOTO LAD EQUIPMENT FOR NEW POLICE HEADQUARTERS WILDING.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-415
A RESOLUTION ACCEPTING THE FOLLOWING BIDS FOR FURNISHING THE
POLICE DEPARTMENT WITH COLOR PHOTOGRAPHY LABORATORY EQUIPMENT:
BID FROM TRECK PHOTOGRAPHIC INC., AT A TOTAL COST OF $27,648.64
FOR FURNISHING ITEMS 1 THROUGH 72, AND BID FROM SAMUEL SCIEN-
TIFIC INSTRUMENTS, INC., AT A TOTAL COST OF $2,050, FOR FURN-
ISHING ITEMS 73 AND 74; ALLOCATING FUNDS FROM THE LEAA "AUTO-
MATIC COLOR PHOTOGRAPHY PROCESSING LABORATORY" GRANT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
31, kengliffIgENUE
CONSTRUCTION CORP., BID "1-A", DELAWARE SANITARY
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 76-416
A RESOLUTION ACCEPTING THE BID OF INTERCOUNTY CONSTRUCTION CORP-
ORATION IN THE AMOUNT OF $1,740550.96 FOR BID "1-A" OF PROPOSAL
FOR THE DELAWARE SANITARY SEWER IMPROVEMENT SR-5390 C (CENTER-
LINE SEWER) IN DELAWARE SANITARY SEWER IMPROVEMENT DISTRICT
SR05390 C (CENTERLINE SEWER); ALLOCATING THE AMOUNT OF $1,740,550.96
FROM THE ACCOUNT ENTITLED "SANITARY SEWER BOND FUNDS" TO COVER
THE COST OF THE CONTRACT; ALLOCATING FROM SAID ACCOUNT THE ADDIT-
IONAL AMOUNT OF $151,460.61 TO COVER THE COST OF PROJECT EXPENSE;
ALLOCATING FROM SAID ACCOUNT THE ADDITIONAL AMOUNT OF $24,811.43
TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORA-
TORIES AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT WITH SAID FIRM,
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote - APES: Mr. Plummer, Mr, Reboso, Mrs. Gordon and
Mayor Ferret NOES; None. ABSENT; Reverend Gibson,•
32
APR 221976
52,
I '41
E _ANCE - MKS PAOTh s CO, - BI1 'PDELAWARE SANITARY ZER IMPROVE -
The following resolution was ittroduced by Co issiohet Pluteler, who tnoied
its adoptions
RESOLUTION NO. 76-417
A RESOLUTION ACCEPTING THE BID OP MARKS BROTHERS COMPANY IN THE
AMOUNT OF $382,700 FOR BID "B" OF PROPOSAL FOR THE DELAWARE SANIT-
ARY SEWER IMPROVEMENT SR-5390 C (CENTERLINE SEWER) (PUMP STATIONS)
IN DELAWARE SANITARY SEWER IMPROVEMENT DISTRICT SR-5390 C (CENTER-
LINE SEWER); ALLOCATING THE AMOUNT OF $382,700 FROM THE ACCOUNT
ENTITLED "SANITARY SEWER BOND FUNDS" TO COVER THE COST OF THE CON-
TRACT; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $42,097 TO COVER
THE COST OP PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE
AMOUNT OF $7,654 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING,
TESTING LABORATORIES AND POSTAGE; AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Reboso, the resolution was passed and
adopted by the following vote-
AYES: Mr. Plummer, Mr. Reboso, Mrs, Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
33, pElyprog.- FLORIDA ECOLOGICAL CORPS - BID "1-C" DELAWARE STORM SEWER
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-418
A RESOLUTION ACCEPTING THE BID OF FLORIDA ECOLOGICAL CORPORATION
IN THE AMOUNT OF $341,432 FOR BID "1-C" DELAWARE STORM SEWER
PROJECT - 1976; ALLOCATING THE AMOUNT OF $341,432 FROM THE ACCOUNT
ENTITLED "STORM SEWER BOND FUNDS" TO COVER THE COST OF THE CON-
TRACT; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $37,557.52 TO
COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT
THE AMOUNT OF $6,828.48 TO COVER THE COST OF SUCH ITEMS AS ADVER-
TISING, TESTING LABORATORIES AND POSTAGE; AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Reboso, the resolution was passed and
adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
34, kIIHORIZE EXPENDITURE 0 $1O,000 FO$ OCCUPATIONAL PERF E PROGRAM WHICH
PROVIDES AN ALCOHOLISM TIONAL INFORMATION & REFERRALERVICE,
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-419
A RESOLUTION AUTHORIZING THE EXPENDITURE OF $10,000 FOR PARTIAL
FUNDING OF THE OCCUPATION PERFORMANCE PROGRAM CONDUCTED BY THE
COMMUNITY SERVICES DIVISION OF THE DADE COUNTY FEDERATION OF
LABOR, AFL-CIO, WHICH PROVIDES AN ALCOHOLISM EDUCATIONAL INFORM-
ATION AND REFERRAL SERVICE TO THE COMMUNITY; WITH MONIES THEREFOR
ALLOCATED FROM FEDERAL REVENUE SHARING FUNDS.
(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 a unanimous vote. ABSENT; Reverend Gibson,
33 APR 221976
0
35, AputmErn PERMIT z CENT'Ro MtER - 535 Si,:, 4 STREET
The following resolution was introduced by Commissioner Reboso3 who moved
its adoption:
RESOLUTION NO. 76-420
A RESOLUTION AUTHORIZING THE ISSUANCE OF A PERMIT TO CENTRO MATER
FOR AMUSEMENT RIDES AT 351 S.W, 4 STREET, IN CONNECTION WITH ITS
FESTIVAL=CARNIVAL ON MAY 15 AND 16,'1976, SUBJECT TO CERTAIN 'PERMS
AND CONDITIONS.
(Here follows body of resolution, omitted here and on file
in the Office.of the City Clerk,)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote -
AYES; Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
36, DESIGNATE VICE -MAYOR ROSE GORDON AS CITY'S REPRESENTATIVE TO THE DADE LEAGUE
OF LITIES,
The following resolution was introduced by Commissioner Reboso, who moved
its adoption!
RESOLUTION NO. 76-421
A RESOLUTION DESIGNATING VICE -MAYOR ROSE GORDON AS THE CITY'S
REPRESENTATIVE TO THE DADE LEAGUE OF CITIES.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
Mr. Plummer: I just want to interject here. Rose, you are putting in your
vouchers for the dinners? Well, I just want to make sure that that is being
done because it is only fair. For four years I paid for my own. Ok.
37, RIZE PERMIT j& EASEMENT TO CITY OF MIAMI BEACH FQR A 54" FORCE MAIN ON
II RG I N I I QKEY
OR Il ENTVIRGINIA URP AFCONVEYING SEWAGE TO I'IIAMI -DADE WATER AND
KEY.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-422
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ISSUE
A PERMIT AND TO GRANT AN EASEMENT TO THE CITY OF MIAMI BEACH IN
ORDER FOR SAID CITY TO INSTALL AND MAINTAIN A 54" FORCE MAIN ON
CITY OF MIAMI PROPERTY LOCATED AT VIRGINIA KEY FOR THE PURPOSE
OF CONVEYING SEWAGE FROM THE CITY OF MIAMI BEACH TO THE MIAMI-
DADE WATER AND SEWAGE TREATMENT PLANT AT VIRGINIA KEY.
(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. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre,
NOES; None.
ABSENT: Reverend Gibson,
•
34
APR 221976 _
•
38. WAIVE RENTAL FEE ". RIVtiRSIDE COMMUNITY CEN R AUDITORIUM THE fi ...ITIONAL
CELEBRATION OE CUBAAN L FOR IAY SPONSORED BY THE CIVIC ACTION OF LORIOA1 INC.
The following resolutidit Vas introduced by CoMtistlidher Reboso, who moiled
its adoption:
RESOLUTION NO. 76=423
A RESOLUTION WAIVING THE RENTAL FEE FOR THE USE OF THE RIVERSIDE
COMMUNITY CENTER AUDITORIUM ON MAY 1, 1976 FOR THE TRADITIONAL
CELEBRATION OF CUBAN LABOR DAY, SPONSORED BY THE CIVIC ACTION OF
FLORIDA, INC.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote-
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
391 AUTHORIZE EXPENDITURE OF $% 500 FOR PARTIAL FUNDING OF 2ETH C,QIGBESS OF THE
CHAMBER OF COMMERCE OF THE /MERICAS TO BE HELD IN I�IIAMI DUNE LS-
Mr. Andrews: Under discussion, Mr. Mayor, may I join the commission on this so
that you understand that what you're doing is you're going to be expending moneys
from the Publicity Department and Tourism but we're going to be transferring the
money I was just telling you abo"t from the Revenue Sharing Funds to the public-
ity to accomplish this.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-424
A RESOLUTION AUTHORIZING THE EXPENDITURE OF $7,500.00 FOR PARTIAL
FUNDING OF THE 26TH CONGRESS OF THE CHAMBER OF COMMERCE OF THE
AMERICAS TO BE HELD IN MIAMI JUNE 23-26, 1976 WITH MONIES THEREFOR
ALLOCATED FROM THE PUBLICITY AND TOURISM DEPARTMENT BUDGET ADVERTIS-
ING ACCOUNT 235.03.2120.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vot-
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
40, ALLOCATE $10I I,,6QO aES TO WILSON APAns OPRAI SAO C ., INC I - (.ITYACvs. t'. l AI U AY PAY
LASE-1/U/1J,
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-425
A RESOLUTION ALLOCATING THE SUM OF $10,600.00 FROM 1972 PARKS
FOR PEOPLE RECREATIONAL FACILITY BOND FUND TO PAY FOR APPRAISAL
SERVICES TO WILSON APPRAISAL CO., INC. IN THE CASE OF CITY VS.
FLORIDA EAST COAST RAILWAY COMPANY, ET AL., CASE #72-17071.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote-
AYES; N. Plummer, Mr, Reboso, Mrs. Gordon and Ndayor Ferro.
NOES; None.
ASSENT: Reverend Gibson.
01
41, AUTHORIZE PAYMENT OF ATTORNEYS FES & COURT CASTS_AR1StNG FROM A COM TION
ACTION,OF TH ,CITYtiOE IAMI VS,FLATOh. SL O,...�1-412S, ;.._ A..LATIN
F I � X j , ET AL �
IVER FRONt 1,04 JNITY ARK) ALLOCATING FUNDS FROM F'ARKS FOR PEOPLE ; e i� MAD,
Mr. Lloyd: Now Mr, Mayor, before you read that one you need ah explanation on
this one. This was the Cox property which was involved in condemnation proceed-=
ings for the Latin Rivetfront Park. NEW we wete denied the tight to take the
property in the lower court on the basis in deciding that this was a proper
place for a park in this particular spot was "premature". We appealed to the
District Court of Appeal the action of,the lower court was affirmed. We petit-
ioned the Supreme Court for certiorari and that court denied that petition which
means that that action was affirmed. So we are now allowed at this time to take
the property. However, under the statutes and Constitution of the State of Flor-
ida regardless of whether or not we get the property we have the obligation to
pay reasonable attorneys fees and costs to the defendants attorneys.
Mayor Ferre: Is that reasonable, the $51,000?
Mr. Lloyd: Yes, sir. This is very close. Now we had a hearing on it, your
honor, and this is very close to our own evaluation placed by our own experts
on the matter.
Mayor Ferre: Now does that mean that the Cox property is goy: and there is no
way that we can get it?
Mr. Lloyd: No, it doesn't necessarily mean there is no way we can get it, the
court said the action was premature. So, of course, if we can show new evidence
at some time that it is necessary why we could bring the action again but it is
gone as of now. Yes.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-426
A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE
TO PAY ATTORNEYS FEES AND COURT COSTS OF $51,109.25 TO KELLY,
BLACK, BLACK & KENNY, P.A., AS ATTORNEYS FOR THE DEFENDANT -
OWNERS OF PARCELS 7091-1, 7091-3, AND 7091-3A; AND APPRAISAL
FEE OF $5500.00; ARISING FROM A CONDEMNATION ACTION OF THE
CITY OF MIAMI VS PLATO COX ET AL, CASE NO. 74-4125, aka LATIN
RIVER FRONT COMMUNITY PARK; AND FURTHER AUTHORIZING THE ALLO-
CATION OF SAID FUNDS FROM PARKS FOR PEOPLE BOND FUND.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded
adopted by the following
AYES: Mr. Plummer, Mrs.
NOES: None.
ABSENT: Reverend Gibson
by Commissioner Gordon, the resolution was passed and
vote -
Gordon and Mayor Ferre.
and Mr. Reboso.
42, WAIVg RENTAL FEE — BAYFRONT PARK A�J�ITQRIVM — LITTLE HAVANA ACTIVITIES CENTER, INC,
FOR SENIOR BICENTENNIAL SHOWCASE, t1AY 7, 1976,
The following resolution was introduced by Commissioner. Rnrd!inn, caho moved
its adoption:
RESOLUTION NO. 76-427
A RESOLUTION AUTHORIZING WAIVER OF RENTAL FEE FOR USE OF THE
BAYFRONT PARK AUDITORIUM BY THE LITTLE HAVANA ACTIVITIES CEN-
TER, INC„ FOR THE PURPOSE OF HOLDING ITS SENIOR BICENTENNIAL
SHOWCASE ON MAY 5, 1976, SUBJECT TO PAYMENT OF EVENT PERSONNEL,
LIGHTS, INSURANCE AND OTHER DIRECT COSTS BORNE BY THE CITY,
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer,
adopted by the following vote-
AYES; Mr, Plummer, Mrs. Gordon and Mayor Ferre,
NOES; None,
ABSENT; Reverend Gibson and Mr, Reboso,
the resolution was passed
and
f,
_36 APR 2 2197B
41
45, MISCELLANEOUS DISCUSSION ITEMS: ,EiCA $oULVARD FRONTAGE OPERri & TAKING
LL rOINTaoPfiY STAiUstfi
J CAbE of PROGRESS I s Ut
Mt. tioyd : Mr. Mawr aril Mee erq of tha co *►isgion 3 I do watt to tell 'iou that
We ate getting frequent reports from Rick Sisser and the latest report indicated
that a bill which would have deprived the city the right to assess taxes on
public utilities. He Was successful in getting that killed in cone ittee.
Mr. Plummer: That paid his salary right there.
Mayor Ferre: While we're on the subject, what is going on in your conversations
with your cohort over at the county with regards to their move to knock out the
Franchise Tax, you know this thing the county is talking about...
Mr. Plummer: The Hialeah Gardens deal.
Mr. Lloyd: Yes, I have a report on that. One city has intervened. There is
a petition for rehearing in the lower court which is going to be heard shortly.
I will report to the commission on that one.
Mayor Ferre: Well, I'll tell you, I think you ought to, and I'm not a lawyer,
but as I understand it you ought to put a memorandum in to the court that since
Judge Popper I think was the one that ruled against some city...:
Mr. Lloyd: It was Hialeah Gardens.
Mayor Ferre: Hialeah Gardens. That since we were not a party to it to that
law suit that there is no way that that's binding on us.
Mr. Lloyd: Mr. Mayor, that is the very reason why I am not doing anything in
court because I don't want to have anything in that court record which would
even tend to indicate that we have submitted ourselves to the jurisdiction of
the court so as to preserve that, Mr. Mayor. We've gone over that very very
carefully and I may even have reported to the commission on that some time ago.
But we are keeping track of it. As a matter of fact, at the Dade League of
City Attorneys Meeting the other day we gave our personal advice to the lawyers
that are handling it for Hialeah Gardens and another city that is intervening
in that.
Mayor Ferre: All right, thank you. Mr. Andrews, on a legal matter on the tak-
ing of the land at Biscayne Boulevard from the F.E.C. of those pieces. I under-
stand that will be happening very quickly now this week or next week according
to Mr. Lloyd. Now, my question is, assuming that is the case; I hope that once
that property belongs to us that.you give proper notice to all those gasoline
stations so that we can as quickly as legally possible put a bull dozer to them
and clean that whole area up. And I certainly hope that you will extend the
contract of Edward Durell Stone so that he at least will plant some trees and
get same grass growing in that area.
Mr. Lloyd: Mr. Mayor, the Manager has asked me to speak for him because we will
have the money in the bank Monday. That means we get the title to the property
Monday. The order will be signed this week and on Monday afternoon or Tuesday
Mr. Andrews will have a crew out there working with cranes, etc. and we will
make every effort to move ahead in that direction - I say we, it will be Mr.
Andrews' fault from then on but that will be done. We've already had that arr-
anged for weeks now.
Mr, Andrews: Ever since it became apparent that we were going to move ahead the
city has organized itself that the moment that Mr. Lloyd tells us that that's
our property we're staking it, we're moving our equipment in to clean it up,
we're going to plant trees and grass and put some benches on that property that
we can utilize immediately that's cleared. We're going to send out the notices
to vacate the property on the other two parcels where the gas stations are located
and give orders to have the buildings removed.
Mayor Ferre: I think it is important that we do it as dramatically and as quickly
as possible even if you've got to pay over time for bull dozers so that hopefully
by the time we innaugurate Bicentennial Park according to Commissioner Plummer's
wishes by January of 1977 or was it '76? I always forget these little details.
What's one year more or less? That we'll be able to have green area there soon.
Mr. Plummer; What we're saying is that we have now gone from the distinction of
Ed Ball's Point to Andrews' Ball Point. Is that what we're saying?
APR 2 2 76
Mt. Lloyd: By the way, this is not tali Point. Now I have a report on Ball
Point if you wish it though. I have got the bill from Pettigrew and Bailey for
the filing fees and the expenses in filing the notice of appeal from the adverse
decision of the lower court,
Mr. Plummer:
Mts. Gordon:
Mr. Lloyd!
Rose will write het personal check:
I'll move it,
It's not necessary, I can do it administratively.
Mayor Ferret I'm all for it, the only thing I'm worried about, and I've told
you this before, John. I don't want, and I'm not saying that Guy Bailey or any-
body else or Pettigrew is going to back -paddle on us but they're threw with the
money they're due,
Mr. Lloyd: That's correct.
Mayor Ferre: Now from here on they've got to coast on their own energy. They
agreed to that,
Mr. Lloyd: That's correct.
Mayor Ferre: Let me tell you something, there is an old saying in my home town
in Puerto Rico that once you pay the musician he doesn't play as much.
Mr. Lloyd: Remember the carrot on the end of the stick, Mayor - 2% of the
appraised value of that property if they're successful.
Mayor Ferre: The point is I hone that you stay on them so that -- their job is
not over and I don't want them to be coasting now that they've gotten their pay.
Mr. Lloyd: I will have a copy of their briefs and all.
Mrs. Gordon: Have they filed it in the...?
Mr. Lloyd: Oh yes. Yes.
Mayor Ferre: How much have we paid out? This is it, the money is all gone...
Mr. Lloyd: Well, all except for the expenses which they have. That's correct.
Mayor Ferre: How about the rest of the F.E.C. property?
Mr. Lloyd: We are moving very expeditiously on that. We have scheduled now
a hearing on the right to take that part on June 30th and I'm trying to get
that moved up if I possibly can to the end of May.
Mayor Ferre: Well, I think it is important that you keep us informed. I'll
tell you why because as we get closer to it I fully intend to make a big issue
out of this for this election before Metro. Let me tell you why, and I want
to put it in the vernacular. We've been had! Ok. With that Decade of Progress
Bond Issue and I certainly intend that before I - listen to this. I don't know
about any of you, I don't know how you feel about this but I'm not going to sup-
port any Mayor or any commissioner for Metropolitan Dade County in November un-
less they commit to me in writing that when they get elected in November that
the City of Miami is going to get treated as a fair share partner of this com-
munity rather than be shuffled around all of the time. And if they don't com-
mit to that I'm going to tell you right now for whatever my little ability is
sorth I'm not going to support anybody and I'll work against them and I don't
care who they are, In other words I want them on record to say that we're go-
ing to get our fair share. Now If we get our fair share I certainly think
that that might be sufficient moneys along with whatever we have to buy the
rest of that.
Mrs. Gordon; I agree.
Mayor Ferre: Now if that doesn't happen then we've got to go to the state and
if that doesn't happen then as far as I'm concerned we've got to put this on
a bond issue as soon as. possible and let the people, once we know what the
money is more or less that we go out and do it, but that's fist Metro and
then the state and then if we have to a bond issue. That's the way I see it,
38
APR 221976
44, WAIVE PROFITS ON .I J t F1 S 8I E oNSOR . _. � NATIONAL GAN t 2+t 1 ON
OF WOI' N AT tH MIAMt IVERWALK WAY ON MAY La 9/6#
, Andrews: Mt Mavor and neMbers of the cottissiot , I hsiip cpvetoi addax=
Tonal items I want to present to you. One is a waiver of profits on the Arts
and crafts bazaar which is being sponsored by the Mow Organization of Dade
County. It is to be held on May 29th, While this specific area that they want
to utilize which is the River -walkway for the one day event between 10 PIM. and
6 P.M. is not covered precisely tinder the ordinate a we haven't had time to modi
fy the ordinance, I think it is appropriate for the commission to indicate the
desire that they not - the city not collect the 10% that it would normally
collect when items of art are sold. If the commission should choose to grant
this privilege I want to indicate for the record that there will be no gambling,
that apparently this is not a carnival atmosphere in which these ladies are pre-
senting this. It is a display of arts and crafts some *of which will be sold.
Mn I correct, ladies?
INAUDIBLE
Mayor Ferre: State your motion, Rose.
Mrs. Gordon: Mr. Andrews said they request the waiver of...percentage of profits.
Mr. Andrews: The 10%...
Mayor Ferre: Who is?
Mr. Andrews: The Dade County Now Organization. Each member of the City Com-
mission received a letter from the organization stating their request to you
and it was dated April 7th, 1976.
Mr. Andrews: Yes. Excuse me, Mr. Mayor, before you vote one more matter should
be on the record that they must have their insurance in place prior to being per-
mitted to carry this out.
The following motion was introduced by Commissioner Gordon, who moved its
adoption:
MOTION NO. 76-428
A MOTION OF INTENT TO WAIVE "PROFITS" ON THE ARTS AND CRAFTS
BIZZARRE SPONSORED BY THE NATIONAL ORGANIZATION FOR WOMEN, A
NON-PROFIT GROUP WHICH PLANS TO USE THE RIVER WALKWAY ON MAY
29, 1976.
Upon being seconded by Commissioner Reboso, the motion was passed and
adopted by the following vote:
AYES: Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson and Mr. Plummer.
45, igsgaNcTlio ON �JUNE29, 1976, QUESTION OF A PROPOSED FRANCHISE TO
LL ELEPHONE COMPANY,
Mr. Andrews: Mr. Mayor and members of the commission, to discuss once again so
there is no misunderstanding on Tuesday in the afternoon no matter what happens
that afternoon the commission will reconvein here to discuss the Southern Bell
Franchise. Now in fairness to Mr. Brown I want to indicate he may not specific-
ally be available for that meeting but Mr. Gillstrap will be here to present
whatever they're going to present. And it may be necessary to have a second
meeting when Mr. Brown is available but I want to get the process started so
that we come to some conclusion in the hope that we can have the election take
place on June 29th as previously scheduled. June 29th the election would be
held for the franchise and we're hoping to adhere to that schedule.
Mayor Ferre; Now let's think about that for a moment. We want to put some-
thing else on that June 29th election too. Paul, do you want to put up Plummer's
$100,00O,000 bond issue in that election?
Inc. Andrews; Yes, sir.
Mayor Ferro; Are we going to be ready by June 29th?
39
APR 2 21976
Mr. Lloyd: I have been, we are working with Joseph Guandolo, bond counsel and
he is well aware of that date and if there is any difficulty why we'll....
Mayor Ferre: Well I think it's very important how that we keep that in mind.
Mr. Lloyd: We're keeping it in mind, Mr, Mayor,
Mayor Ferret Alright. What do you want, a motion? Mr. Andrews, do you want a
motion?
Mr. Andrews: Yes,
Mayor Ferre: Mr. Plummer moves, Mrs. Gordon seconds. Further discussion? To
have a June 29th election for the Franchise Tax and a bond issue.
Mr. Plummer: With it fully understood that the cost as outlined is borne by
Southern Bell. Am I not correct?
Mr. Gillstrap: I believe that we're required by the Charter in a franchise
election to pay the cost of the election. We have no problem with that but 1
think that if you're going to put a city issue on there then the city should
consider participating in that cost.
Mayor Ferret Oh, come on. What are you going to argue for, a couple of thous-
and dollars now?
Mr. Gillstrap: Well the estimate that I received to the cost of an election
was $80,000.
Mr. Andrews: No. Correct me if I'm wrong, Mr. Clerk, about $50,000.
Mr. Southern: A little over, around $59,000 I think it is.
Mr. Gillstrap: Then may I request that the city participate in that amount.
Mayor Ferre: Oh, you can request all you want.
Mr. Plummer: Let's clarify the record. The city participate to any additional
cost for the printing of the ballot for those city's items that the city will
pay for.
Mayor Ferre: You know after all, you're going to have the election, it seems
to me Southern Bell is a big generous company and a part of the civic commun-
ity. As far as I'm concerned if that's your attitude we won't have a bond
election, Mr. Mac, and you go tell your superiors that if that's their posit-
ion that's fine with me.
Mr. Gillstrap: Well we have not established a position.
Mayor Ferre: Well, why don't you establish it before you come here and tell
us, Mr. Gillstrap.
Mr. Gillstrap: Well, I wasn't even aware that there would be a bond issue con-
sidered at the same time until this morning.
Mayor Ferre: Well, then we will not move on that until we hear back from you.
If you don't want to bear then you bear your own expense and we'll have another
election some other time. But I certainly don't think that that speaks very
high of the civic consciousness of a company who has nothing but an outstanding
record of being a civic and community conscious corporation. You let us know,
if you would please, by the next commission meeting what the will of your comp-
any is. So at this point all we're talking about is the setting the date of
the utility tax election and that will be on the 29th of June. Is that what
you're recommending? Why the 29th of June? Is that a Tuesday?
Mr. Andrews: It is a Tuesday, it comes, of course, before the 4th of July hol-
iday. If you start getting beyond that you start getting into the middle of
July, which can be done, but if we can achieve the June 29th date it's better.
We can fall back to that later date if we absolutely have to. And it has some-
thing to do with the fact that the franchise will be expiring also, the exist-
ing one.
Mr. Lloyd: The franchise expires I think August 12th. Isn't that right, Mr,
Gillstrap, it's around August 9th or the 12th or something like that?
40
APR 221976
Mr. Andrews! And Mr. Mayor, it takes about 30 days after the election to put
the franchise into effects So you won't have it into effect until the end of
July any way.
Mayor Ferre! I understand.
The following motion was introduced by Commissioner Plummer, who Moved its
adoption:
MOTION NO. 76=429
A MOTION OF INTENT TO HOLD A SPECIAL ELECTION ON JUNE 29,19/6,
TO SUBMIT TO THE ELECTORATE THE QUESTION or A PROPOSED FRANCHISE
TO SOUTHERN BELL TELEPHONE COMPANY.
Upon being seconded by Commissioner Gordon, the motion was passed and
adopted by the following vote:
AYES! Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES! None.
ABSENT: Reverend Gibson.
46,URGE METROPOLITAN DADS CQU'TO IMMEDIATELY FORWARD TO SOUTHERN BELL TELEPHONE
ANY ITS ORDER FOR "�y1111IELEPHONE NUMBER ERVICE,
•
Mr. Andrews: The next matter I have, Mr. Mayor and members of the commission,
is a memorandum that Mr. Goode sent to the County Commission dated April 20th
with reference to a public hearing for a regional data processing & communicat-
ions center. I'm fearful tht the county is once again proceeding with the con-
cept of a centralized communications center. This is we feel a detriment to
the city if that's occuring and I'm sure that Commissioner Plummer has some in-
formation with reference to the Dade League's position in this matter and inform-
ation he found out. But once again I want to let the commission know that admin-
istratively we will represent the city and take a rather strong position that we
are progressing with the 911 system insofar as the City of Miami is concerned.
Mr. Plummer: Mr. Mayor, the Dade League, of course, was the one who put this
ball of wax together. They were the ones who formed a committee which brought
together all of those cities which still had a remaining Fire Department and
Police Department including the Department of Public Safety for Metropolitan
Dade County. A plan was adopted mutually agreed upon of 5 regional centers and
was sent to the state and approved. Now subsequent to that the county has gone
and seemed to want to play their own ball game once again after they were the
prime movers in the original conception as presented to the State. I think that
this commission should go on record urging the county to stick with their orig-
inal plan and to immediately forward to Southern Bell their order as the city
has done to implement the approved state plan and I so move.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 76-430
A MOTION URGING METROPOLITAN DADE COUNTY TO IMMEDIATELY FORWARD
TO SOUTHERN BELL TELEPHONE COMPANY ITS ORDER FOR THE "911" TELE-
PHONE NUMBER SERVICE IN ORDER TO IMPLEMENT THE APPROVED STATE
PLAN WITH RESPECT TO THIS MATTER.
Upon being seconded
adopted by the following
AYES: Mr. Plummer, Mrs.
NOES: None.
ABSENT: Reverend Gibson
by Commissioner Gordon, the motion was passed and
vote:
Gordon and Mayor Ferre.
and Mr. Reboso.
41
APR 221976
0
471 SOU HERN BELL'S INVOLVEMENT IN "91„ SERVICE DISCUSSION,
Mr, Plummer: Mr, Andrews, have we sent our order to Southern Bell?
Mr, Andrews: Yes:
Mr, Plummer: But we've been informed that they're holding up.
Mr, Andrews: Yes, and we've also sent a letter you should know to the state
urging them to go ahead and approve the 4 agencies that wish to establish 911
because at that point in time the county had agreed in principle to the five
jurisdiction plan, approved the plan and the county was really only holding up
their portion of it because of implementation. The other four igencies were
ready to move ahead. Now that's a very important step, In other words the
state had already approved the plan.
Mr. Plummer: Mr. Lloyd, I would like for you to research Mr. Ferre, would
you listen to this - I would like for you to research and give back at the next
commission meeting. Does the Southern Bell Company have the right to refuse the
city's request or order, do they have such authority to deny us to proceed on
a state approved plan? Now what I'm getting at is if Southern Bell is arbitrar-
ily refusing to honor the city's order of installing 911 then I think this com-
mission has to go before the Public Service Commission and del -and that they en-
force the city's order to Southern Bell because this is the present plan in
existence. And if you don't do that I don't know where we're at. We're just
going to sit here and twiddle our thumbs. You can respond but I'd rather you do
it to Mr. Lloyd and then we can get back together on it. I just think when the
city has placed an order to Southern Bell with the good faith of this citizenry
I don't think Southern Bell has the right to refuse it when it has been approved
by the state.
Mr. Gillstrap: We haven't refused it. I am Mack Gillstrap with Southern Bell
Telephone Company. The plan which has been approved for Dade County is a five
center plan. It has been approved by the state and as you know the state has
complete authority over approval or disapproval of the plan under the law which
mandated the 911 systems in the state. That plan was approved. We have received
four orders. It is a package plan for the entire county and we are only await-
ing the order from the county to proceed with it Since it is a comprehensive
plan tht covers the entire county area.
Mr. Plummer: Well, I don't buy that, that's what I'm trying to say.
Mr. Andrews: Mr. Mayor, may I have the privilege of asking Mr. Gillstrap a quest-
ion through you? If there is a five part plan and it has already been accepted
in principle by the County Commission which it has and if it has been accepted
by all the other agencies including this City Commission as one of the four agenc-
ies and if four parts are approved and you have orders to go ahead with those
four parts and you move ahead doesn't that leave the fifth part in tact and they
can implement it or not implement it?
Mr. Gillstrap: Unfortunately it won't work that way technically, Mr. Andrews.
It would be like having a car with three wheels on it.
Mr. Plummer: Well, you can design a car with three wheels.
Mr. Gillstrap: Well, it doesn't function as well as a four wheeled car though.
Mr. Plummer: I'll buy that, but the county has always been a fly in the ointment.
But they're known as the fifth wheel, not the fourth one.
Mr. Gillstrap: May I make one further comment before you make a motion? Now
the plan and the cost of it is based on the full county operation. Now it would
require if we go to only four centers and attempt to leave the county of it...
Mr. Plummer: No, it's not an attempt to do that, we wish to God they'd get off
their duff,
Mr. Gillstrap: I agree, but if we proceed on the basis of only four centers in
the fpur cities then we will have to come back to you and re -cost it based on.,,
Mr, Plummer; We understand that that's why we have our legislative man in Tall-
ahassee right now trying to get state funding for it.
42 APR 221976
41
47 (A) 4 PROGREss REST OP 1g7S 76 BUDGET & RELATED II teUSS 1 ON.
Mrs Andrews: Mt. Mayor and members of the Comruissiot`t, 1 have two inure matters.
Otte matter which t Want to defer until late if the aftertaot after you finish
the Pair Isle is the selection of the tabor Negotiation for the city. 1 need
to get a few mote details. But the matter 1 need to discuss with you now is a
memorandum I sent to you late yesterday, and 1 apologize for tran mittittg it to
you that late► Comiissioner Plummer wants to bring this up this afternoon.
This is the Progress Report ott the 75-76 Budget, ,..
Mayor Ferre: Why don't you tell us what this says, Paul, so we don't have to
read it.
Mr. Andrews: All right. What this is is it describes the changes that have
occured since the adoption of the budget that are of major magnitude that re-
quites special effort as far as trying to overcome a 2.3 million dollar call
it deficit if we took no action by the end of the year.
Mayor Perre: Is that the way it is building up?
Mr. Andrews: 2.3 million dollars.
Mayor Ferre: I'm very glad that you brought it to a head because, and I want
to because obviously this has become something that the press is going to be
discussing. You know Metropolitan Dade County has been going through hell and
they've had a serious problem as I understand it and Miami Beach is beginning
to have a problem. Now I've always found it very strange that Miami Beach and
Dade County is having this problem and that we weren't. So obviously now we
are having the same problem and I want to couch it in that way.
Mr. Andrews: We have had the problem, we have continuously monitored it to
determine what we would do and we wanted to be careful that that which we
achieved for this year that we knew what we were going to be doing for the new
budget and the year after that. So it has taken us a little bit longer to bring
this to you because I don't want to solve a problem, Mr. Mayor and members of
the commission, just for this year then leave as City Manager and then have some-
one else struggle with trying to cope with this budget. So when I discuss it
with you this afternoon I'll be discussing some fo those details.
Mayor Ferre: Well, I think it is important also, I see some of the representa-
tives of the unions here, that they be furnished with a copy of that and that
they have to become aware of what is going on. I'm sure they know but your vis-
ion of it.
Mrs. Gordon: I found this extremely interesting. Mr. Andrews, just one thing.
What is a "Lag Fund"?
Mr. Andrews: When we initiated the Federal Revenue Sharing Programs the then
City Manager, and I think this was on the record, created a condition of expendit-
ure that fell 9 months short from the date that the funds were to arrive. The
funds didn't arrive as they do now automatically on the date. They were promised
to be here and some cities went ahead and programmed those funds even before
they received them. Mr. Reese in fairness to him, approached this on a very
conservative basis and would not program any of those moneys until he had the
moneys in hand. This plus the fact that we wanted to start out in the budget
year caused a 9 month lag period. We received funds and had those funds and
for the years that we've been programming them we've been programming them, well
I don't know how to describe it...
Mrs. Gordon: They've been programmed current receipts but not the original un-
budgeted portion and this was interesting. It is quite a sum and, of course,
at this time it comes in very handy. But the fact that I, I don't know about my
fellow commissioners of the Mayor whether they knew about it, I never knew you
had almost a $7,000,000 lag. It is quite a considerable lag.
Mayor Ferre; Well, you don't need any actton?
Mr. Andrews; Not at this moment, .,. I will want some action when we discuss
this at greater detail with you this afternoon.
Mayor Ferre; I understand.
Thereupon the City Commission recessed from 1.;30 O'CLock. A. M. and recon-
veined at 2;35 O'Clock F.M. with Reverend Gibson absent.
43 ,PR 221976
p�4
REQ
UIREMENTS QUIREMENTS FOR LICENSING OF TAXICA$ DRIVERS) (SEE ORDI 8547)i
Mr. Andrews: Mr. Mayor and members of the commission, we have received a re-
quest to reconsider our requirements insofar as the licensing of taxicab driver's
as to criminal records, and I would like to read froth the City Code so that
you're acquainted as to the city's requirements and then t can speak tore intel-
ligently as to what out recommendation is. It is Section 56-1290 Qualifications
of Applicants as part of the Registration and Licensing of Chauffeurs. Section
(b) indicates that any person may register as a chauffeur who has served his
sentence based upon conviction of a felony and who has thereafter been a law
abiding for a period of 5 years or more since his release from confinement or
from the termination date of his probationary period. However, the Chief of
Police in his discretion may deny any such person the privilege -:f registering
AS a chauffeur regardless of the length of time since his release from confine-
ment or from the termination date of his probationary period. Now in essence
what this means is that an individual who makes application for a Chaufferr's
License and particularly to drive a taxicab or for hire car is not permitted
to do so for a period at least of 5 years or more and then the Chief has the
option under this ordinance to extend that for certain kinds of violations.
The Metropolitan Dade County Code now that they have become involved in the regu-
lation and control of for -hire vehicles which includes taxicabs provides the
following: No person shall be issued a Chauffeur's Registration who is addicted
to use of narcotics or intoxicating liquors or been convicted of a felony or of
any criminal offense involving moral turpitude or of a crime involving the use
of a deadly weapon or trafficking in narcotics. Now here is the qualification
then - Unless that person's civil rights have been restored, And what I'm recom-
mending to you is that we follow the provisions of the County Code rather than
ours and amend our Code so there is uniformity between the county and the city.
Mr, Plummer: ...under normal circumstances for a man to get his Civil Rights
restored?
Mt.. Octavio Blanco: I can answer that question, sir. It is automatic.
Mr. Plummer: I don't think it is.
Mr. Blanco: I did the law the other day, it is automatic.
INAUDIBLE DISCUSSION
Mr. Plummer: I thought you had to apply to the governor to get your civil rights
restored. Hey, easy enough - if it is automatic you're that much better off.
I move that the City Code in reference to the licensing of drivers match that of
Metropolitan Dade County.
The preceding motion introduced by Commissioner Plummer and seconded by
Commissioner Reboso was passed and adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
SAID MOTION WAS DESIGNATED MOTION NO. 76-431. (SEE ORDINANCE NO. 8547).
Mr. Plummer: Now is there any way that we can do that to make it an emergency
effective immediately?
Mr. Lloyd: Yes, we have to prepare the ordinance and we'll have one ready on
May 13th and if you want it as an emergency...
Mr. Plummer: How about this afternoon?
Mr. Lloyd: Yes, we can probably do it this afternoon.
Mr. Plummer: Thank you.
44
APR 2 2 1976
4 � DtSCuStiON 0P VELODROME AT RIOT KING MOH PARK,
Mayor Pare: Take up Item 25, the Construction of a Velodrome for teeing and
other cyeiing activities at Robert fit High park. Mrs Andrewa.
Mr, Andress: Mt. Mayor and members of the dteMissibn, we have received bide
for the eatablishment of a velodrome in Robert icing High park. And as you will
recall we had estimated that this project might eat some $90,000, Our bids
now reflect that in all probability based on the bide we received the price
range for an asphalt velodrome would run $135,000 and a concrete surface $167,000.
This does not necessarily, if I have my facts correct, include all of the lighting
requirements, does not include all the lighting requirements and now we've be-
come very concerned as to the cost of this whole project and I believe that we
need to go through a process of reassessing this rather than just move ahead with
the expenditure of what will amount or approach $175,000 before we were finished
with the lighting and other amenities that are required.
Mrs. Gordon: I have a question of you, Mr. Andrews. Since you threw out a figure
of $90,000, when you threw out that figure of $90,000 originally did that or did
that not include lighting?
Mr. Andrews: I can't say, Mrs. Gordon, I don't remember...
Mrs. Gordon: Well, if you will take... And did that or did that not include
an asphalt or concrete facility?
Mr. Andrews: I believe it included an asphalt.
Mrs. Gordon: Well, then if you're comparing apples and oranges, that's what
you're doing because if you take your low bid which is the asphalt and deduct
your lighting you will come up with almost exactly what you are contemplating
in my opinion.
INAUDIBLE
Mrs. Gordon: Yes, it is.
Mr. David Balkin: Yes, it is. It is $26,000 of lighting included in that...
Mayor Ferre: Dave, for the record, your name and address and so on and then
make your statement.
Mr. Andrews: Excuse me for interrupting you. There is a bid without lighting
for $99,000.
Mrs. Gordon: That's right. Well you're not more than 10Z away now.
Mr. David Balkin: my name is David Balkin. I live at 3181 Matilda Street,
Coconut Grove and I've spoken on this issue before the Commission. What Mrs.
Gordon says is correct that the bid was, the velodrome originally was conceived
without lights and at the figure of $99,000 which includes $8,700 for fill which
the Mayor generously indicated he would donate that figure comes remarkably close
to the $90,000 that the original figure had contemplated.
Mayor Ferre: Those were in good days.
Mr. Balkin: All days are good days, some are better than others.
Mayor Fevre: That's if you own a bicycle shop but if you own a concrete comp-
any or a construction material company that's not so.
Mr. Balkin: Anyway, there are other people who have come to this meeting who
would like to speak to the issue and I would like...
Mayor Ferre: That may not be necessary. Let's find out if it is because you
don't want to go into a lot of discussion if it's not necessary. Mr. Andrews,
before we get into a long discussion here what's your recommendation on this?
Why don't you take the lights out. We don't need lights, do we?
Mr. Balkin: Not initially, no,
Mayor Fevre: We can put the lights on next year.
Mr. Balkin; Bight.
45 APR 2 21976
1
•
Mayor Ferre: And if you're at $99;000 which is pretty well what you estimated;
where ate you going to get the funds for this? Is it the bond issue? Mt. Andrews?
Mr. Andrews: Mrs Mayor, I'Mn going to ask that you postpone this for another...
Mayor Ferre: Again?
Mr. Andrews: Yes. I'm not satisfied at some of the answers that I'm getting.
And please; I will promise that this will have a thorough review and I'll come
back....
Mayor Ferre: Ok; but I'll tell you, you go ahead and have a thorough review but
please no more postponements beyond the next meeting. Ok? And by that time you
come with all your recommendations to fish or cut bait one way or the other and
we're going to make a decision.
Mr. Balkin: May I ask when that would be because we have....
Mayor Ferre: Yes, at the next meeting. It would be May the 13th.
Mr. Balkin: There is nothing I can say about this. I would just like the people
who are
Mayor Ferre: Dave, look. The truth of the matter is this, we've been wrestling
with this thing for a year and a half. Ok? Now we're not going to make a decis-
ion today. I apologize to the people that came here and waited for an hour. It
is an imposition on you. On the other hand the manager is entitled if he wants
to have a thorough review of this and be able to come back with all the facts.
I think it is in your best interest, let me put it to you this way, because I'm
not an expert reading Paul Andrews' expressions but if I read his face what it
means is that he is going to give this a real try to see how he can work that
thing out. In my opinion you're a lot better off coming in here with the Man-
ager's recommendation than having to argue with him. Ok? So take my advice
which is come back on May 13th and I think you'll be lucky. You want to speak?
You insist? You've got the microphone, sir.
Mr. Balkin: I'd like to introduce this gentleman. This is an extraordinary
gentleman, his name is Pop Cougar. He's been in cycling for 60 years. He's
not only a national champion and many times a great bike racer...
Mayor Ferre: I want to warn Mr. Pop Cougar that I hope he realizes that you
might do more harm than good. I hate to tell a man who is going to talk in a
moment that statement but I always want to warn you about it.
Mr. Pop Cougar: Mayor, I admit that but you're now looking at the mercenary
side of cycling. It will take me about three minutes to go through this. I'm
looking at this which I fought up home and won and several other places and won
and I hope I'm going to play a winning card here. Ladies and gentlemen, this
is one thing I ask each of you and that is to always remember that the first
ambition of every child is to own a bicycle. I wager that each of you still
remember your first bicycle. The second ambition of almost every child is to
out -do his friends on that bicycle. Did you ever stop to think bicycles teach
children to guage speed, distance and timing making them better car drivers in
the future? I had several very good arguments for building a good world and
olympic approved cycle track. To keep youth out of trouble you have to give
them an incentive. I know because I worked with youth over 60 years and I still
do. Baseball, boxing, all sports have had their idols. Right now you've got
your little Jeanie Everett in tennis and you know what she has done to tennis.
You have a local for every kid to follow. Bad environment causes crime. Good
idols create good kids. In the bicycle world we have a slogan, "Youth in sport
seodom in court". I have lived through many bicycle idols. Newark had its
Frank Kramer, Plainfield its Freddie Spencer, Germany its Walter Root and I
could name hundreds others. Now, to get down to the purpose of this track in
this area. You will have racing the year around. You'll have state and American
championships, olympic trials. You'll have training camps. All that will add
up to one big local asset in many ways. Steve Wasnick, one of your local boys
had to go up north because he had no way for competition or training or incent-
ive and he turned out to be on the olympic team twice and holds several American
recores, A local boy had to go out to make good. Now gentlemen, if you are
still in doubt may I inject a bit of irony into this hearing. Here we are debat-
ing over, I had $150,000 and you're saying $90,000 project, health, character
and building good interesting spectator sport, an attractive asset to the com-
munity, And in yesterday's paper I read, here's a picture of yesterday's paper:
Miami, picture windows, central air conditioning, modern furniture, carpeting,
46
APR 221976
steaks for dinner. ,ts it Miami's newest resort hotel? No, it's the federal
government's newest prison. yi€teen inmates ate currently in that area, Pectoral
Correction tnatitution teat the eubi,tropital city. tut $8,000,060 facility event,.
uaily will hold 100 inmates. t'm going out and steal a loaf of bread so 1 can
live there, 100 inmates for $8,000,000 don't make sense. Each inmate has his
own room which includes a bed, desk, lamp and private toilet, large picture frame
windows through which they can see the outside palm trees waving replaced by the
traditional iron bars. Now the powers today are treating criminals AO much
better than they are our up and coming youth. Now if you turn this project down
you gentlemen could be part of that trend. $8,000,000 for 300 criminals in a
country club and nothing to develop youth? Please think it over ott a human side
and not the mercenary side. Thank you, one and all.
Mayor Ferre: Thank you very much, pop, you have a very nice day,
50, DISCUSSION ITEM - MINORITY CONTRACTORS IN REFERENCE TO COMMUNITY DEVELOPMENT FUNDSI
Ms. Velva Ransom: My name is Velva Ransom and I'm representing Mr. Earl Carroll.
Now what you have and you're looking at is the procurement that Minority Contract-
ors have secured since July 1, 1975 up until April 2lst which was on yesterday.
This represents $27,117,456 of jobs that has been issued and these contractors
are presently working on or will be working on in the future in a matter of
months, Now the bonding, you have a total bonding of $16,915,530. Mr. Carroll
wanted to stress the importance of Minority Contractors first but first he wanted
to show you that we are doing something for the Minority Contractors in South
Florida. With the procurements we offered the technical assistance and the bond-
ing also. Now we sent a request into the Revenue Sharing which was denied. They
said that we were not eligible for funds so we sent in a request to Community
Development for $137,000 to help us in this program that we're offering. Now
the office of Minority Contractors out of Washington is funding us, also Commun-
ity Development through Model Cities office is funding us presently. In this
packet that we submitted it stated we needed a messenger, a controller and an
accountant. In preparing for a bond it's a lot of work that goes into this pre-
paring for the bond such as the financial information and a lot of these con-
tractors, they do not know and they do not have the money to say hire someone
to do this work for them so we as an assistance center we take care of this end
for them. We see that they have the bond when it is necessary, we see that we
have all the financial information that backs up this information in order for
them to get a bond. Now what we're asking for here is-- Do you have a copy of
the package that we sent to you? You do have for $137,000? Ok. What we were
asking for in that package...
Mayor Ferro: Excuse me, Ms. Ransom, we've got a problem here. Mr. Lloyd, if
you have a legal problem on this you'd better state it into the record and then
we'll take it from there.
Mr. Lloyd: I have a serious legal problem in that this appears to be a private
organization regardless of how you explain what it is and if so any possible
aid by the City Commission or the city to this would be lending the credit or
aid of a governmental entity which is constitutionally prohibited by the Florida
Constitution. I would suggest that in the essence of time that you submit a
written proposal to me for our review and to make certain that I am right on it
because I am making a rather quick decision on the basis of what I have heard
but I would like to if it is satisfactory to the commission, I would be happy
to receive a written proposal and review it so we can make a proper decision on
the thing before proceed any further.
Ma. Ransom; When you say private, in other words what are you Baying to?
Mayor Ferro: Well, what he's asking you is, what he's Baying is that the consti-
tution of the State of Florida prohibits any government from financially assist-
ing directly or indirectly a private entity, See? So if Minority Contractors
is a private entity as such then we're precluded from doing that, But is Minor-
ity Contractors a non-profit organization?
Me, Ransom; Yee, it is.
Mr, Lloyd: That doesn't even make any difference actually. So that I am on
solid ground, I would suggest that I get a complete proposal, from this and I get
exactly a definition of what Minority Contractors, Inc. to and ita purpose,
47
APR 2 2 1976
Mayor Ferre: Let the recommend this so that we don't get into one of these argu-
tents here and hassles about what is legal and what isn't. Would you ladies or
would you tell Early would you give them a time right not, Mr: Lloyd, so that
youyou're going to somebody off or something,
knave there is no question that g g putY g
no misunderstanding.
Mr, Lloyd: We'll have an answer for them in a day or two after we get their
proposal.
Mayor Ferre: Well, why don't you give them a day and time for them to submit
to you a proposal and then you give them two days and then you have a meeting.
Mr. Lloyd: Fine.
Mayor Ferre: When can you have this in writing?
Ms, Ransom: Monday morning if you like.
Mayor Ferre: Could you meet with then Wednesday?
Mr. Lloyd: Certainly could.
Mayor F( re: Would you give them a time right now.
Mr. Lloyd: Yes. How about 2 O'Clock Wednesday afternoon?
Mayor Ferre: Is that alright with you?
Ms. Ransom: Yes.
Mayor Ferre: And then after that if you want to come back before the commission
after he's reviewed it and you've had your meeting you come back here and we'll
take it.
Ms. Ransom: In this proposal, all he wants is a definition of Minority Contractors
or?
Mr. Lloyd: I need two things. I need a definition of what Minority Contractors
is and what function it is going to perform.
Mayor Ferre: Alright, and I'll tell you, I think it would be advisable, Mr.
Andrews, if at that Wednesday meeting you had a representative from your office
present that could also discuss so that when you come up here we're not just
sitting here listening and not knowing which direction to go. We'll have some-
thing from the administration that we'll either agree or disagree with. We may
not agree with them, understand.
Ms. Ransom: Ok, thank you anyhow for your time.
51, PERSONAL APPEARANCE OF MASTER MICHAELLKENNY RRPRESE(�TING COCONUT GROVE ELEMENTARY
SCHOOL WITH REFERENCE TO CLEANING OF EACOCK rARK & WATERFRONT,
Master Michael Kenny: Mayor Ferre, ladies and gentlemen of the commission, my
name is Michael Kenny. The following statements that I will be making have been
prepared by a committee of students at our school. I speak for the students of
Coconut Grove Elementary School who are concerned about Peacock Park. We are
trying to make it a better place for people to enjoy the natural life of the
park. We like to study the trees in the park. We would like the waterfront to
be clean because we want to use the park as an outdoor laboratory where we can
study the sea specimens in their natual habitat. We also want to bring back a
few specimens to study in the indoor laboratory we are setting up at school. We
hope the city will do something to make the water's edge look better and we are
more than willing to help in any way we can. We would like to have a sandy beach
if possible. We think that a few shady trees like Mangroves would be good. We
also would like to have the seaweed raked up and think it would help if some of
the garbage could be pulled out of the water. We are glad that the land part of
the park is kept clean and we wish the waterfront could look as attractive, Could
'the parks people work on cleaning it as often as they do on the rest of the park?
The children in our school are willing to help clean up and we will publicize
this so more people both those who use the park and who are on boats will become
interested in trying to keep it clean. If it ,s clean more people will want to
use it. Thank you Mayor, thank you for giving us time to speak, And thank you,
Mayor Ferre, for the letter you sent us after our Peacock Park clean up in February.
It made us feel good to know you cared that much about us in our park.
43 APR _9.91O7
•
Mayor Ferte: Michael, that's pretty good and J. think we ought to give him a
little hand, Michael, don't sit down, we've got a couple of questions to ask
you, First of all, you're such a good speaker that some of us might feel a
little bit threatened, you know, You're not planning to tun for public office
ih the neat future are you? Well, some day I hope you do. Who is your dad,
what's your dad's name?
Master Kenny: James Kenny,
Mayor Ferre: Oh, I know hits well, Fine. Well, he ought to be real proud of
you and in fact I'm going to see him tomorrow and I'm going to tell him that you
did such a good job. congratulations to you. I think Coconut Grove Elementary
School and those are involved, all of you that are involved ought ro be commended
and thanked for your civic interest. You know it is young people and older
people all together trying to do the best that we can is what makes these commun-
ities of ours like Miami and Dade County and the State of Florida and the whole
nation strong, So you might not believe it, you might not think your part is
too important but every little bit counts and I'm certainly grateful on behalf
of the City Commission that you've taken your time to come and visit with us and
I congratulate you again, Michael, for that fine presentation. Now Mr, Al Howard,
if you'll stand up and come to the microphone and I think young Mr. Kenny and
his associates are entitled to some kind of a response to their request.
Mr. Howard: Well, we have worked with the Coconut Grove Elementary School before
in the clean up projects and we intend to take advantage of their offer in having
the children work with us to keep the waterfront clean. We have been making some
efforts on this not only in Peacock Park but in the rest of our parks on the bay
but it is very difficult to keep up because of the boars constantly throwing the
trash in but we will make a very strong effort to start out in Peacock Park to
work with the children and take ca., of this problem.
Mayor Ferre: There you have the boss man himself giving you a response. Mr.
Howard is in charge of all the parks.
INAUDIBLE SPEAKER IN AUDIENCE
Mayor Ferre: Very good, thank you for your concern. I'm going to turn this
over to Mr. Andrews, and if you would, Mr. Andrews, I'd like a report back on
what action the city is going to take specifically they're asking for not only
clean up of the waterfront but an improvement of it. Now I don't know whether
sand is practical because I think the sand would probably wash away but you
might want to put some rocks or rip -rap or something so that it's maintained
somehow in an orderly fashion. And then, if you will get from young Mr. Kenny
his address, Mr. Al Howard, we'll write him a letter in answer to his request
that he can share with the elementary school. Ok? Thank you very much.
5Z, AUTHORIZE CITY MANAGER TO ENGAGE THE SERVICES OF A PRIVATE FIRM TO ASSIST CITY IN
LABOR NEGOTIATIONS
Mr. Andrews: Mr. Mayor and members of the commission, I would like to have your
authority to engage the services of a private firm to assist the city in negot-
iations as far as our labor contracts are concerned. I invision that such a
firm will work with the city at least through the month of September if not in
fact the first few days of October. I had come to you with an idealistic plan
at the last City Commission which is still a good plan but I cannot put it to-
gether the way I would like to and I want to review that with you once again
because I want to make sure you understand the recommendation that I'm advanc-
ing to you. I had hoped that we could hire such a firm who would be identi-
fied as the chief negotiator for the city working directly under the City Man-
ager. and then simultaneously to employ the on -going individual who would be-
come the labor negotiator over the long period of time. But recognizing that
such an individual may not have specific knowledge'of the City of Miami he
would certainly have profited from participating in this process, I find that
that's not possible to achieve within the time constraints that we have to work
with. So I'm asking your permission to proceed with the hiring of a firm not
to exceed $20,000 for this period of time and that one I suppose advantage to
not employing the permanent individual is that the new city manager whoever he
or she may be(notice, Mrs. Gordon, I said she also) ,.,,
Mayor Ferret Are you going to announce the name?
Mr. Andrews: No, I do not want to announce the name at this point. I will hope
to do that within the next three or four days so I want you to give me authority
at this point,
49 APR 221976
Mayor Fetre: Let me see if I understand the logic of what you're sayings
What you'te saying is we're going to get a new City Manager soon§ hopefully.
And therefore§ you're not going to appoint the negotiator at this time§ you're
going to let the Hew city lia.rager do that. Is that what youtte saying?
Mr. Andrews: That's What I'm saying. And what I want is the authority to
engage a firm that we would employ on a conttactual basis...
Mayor Ferre: between now and then.
Mt. Andrews: That's right to get through this negotiating session which I
anticipate would be brought under control by the end of September.
Mayor Ferret What is that firm going to be doing in the meantime? Between now
and the time that the new Manager appoints his negotiator?
Mr. Andrews: We're really at this point in time about 2 weeks behind where we
should be in gathering all of the information and getting ready for negotiations.
Mayor Ferre: See, the point is that we need to get on with negotiations and we
don't have a negotiator. So what the Manager is saying is rather than get a
negotiator now just get a professional firm to do it to carry us through. The
new Manager I guarantee you whoever he or she is going to be is going to appoint
a negotiator right away. So what this does is it carries us through that period.
Mr. Andrews: That's correct.
Mr. Plummer: I'll move it. Really all we're doing is going beyond...
Mr. Gene Naples: Mr. Mayor and members of the commission,.I just want to say
I did have a conversation with the Manager. We would hope, and I'm sure it will
be somebody who is a professional and that they know what the process is and
somebody who is fair and objective and that's all we're looking for. So we
understand the problem that the city has... As far as our organization is con-
cerned, and I expressed this to the Manager the other day. There are certain
time frames in which we're supposed to meet and everything and as long as we
mutually agree that we can extend this time period we have no problem with that.
We understand the city's situation.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 76-432
A MOTION AUTHORIZING THE CITY MANAGER TO ENGAGE THE SERVICES
OF A PRIVATE FIRM TO ASSIST THE CITY OFMIAMI IN ITS NEGOTIAT-
IONS WITH CITY EMPLOYEE LABOR ORGANIZATIONS DURING THE INTERIM
PERIOD BEFORE THE NEW CITY MANAGER APPOINTS A LABOR NEGOTIATOR
FOR THE CITY.
Upon being seconded by Commissioner Gordon, the motion was passed and
adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
53, PROGRESS REPORT 1975-76 BUDGET
Mr. Andrews: The second matter I have is the memorandum that I sent to you the
other day which another copy has been distributed today with reference to the
Progress Report on the 75-76 Budget. I would like to have the Commission direct
their attention to the chart that is attached to that j anorandum which provides
for or describes the current funding of the 75-76 budget. You'll note that we
adopted revenues and we had expenditures at a level of $64,860,000 for the General
Fund, During this current year several things occured on the revenue side which
causes a very serious problem and then another set of conditions which caused an
increase in the expenditures of the city that were not anticipated, If you wish
I can run through each one of these items and describe them to you. If -you choose
not to do that I want to indicate that the total problem amounts to $2,341,000.
And the way we propose to overcome that is to cut back on the spending of funds
within the city. We've taken action to reduce expenditures and commodities
e_
c
Air s
amount to $150,000. We're planning to eliminate, and I do going to abolish
between► 75 to 100 existing vacant positions. There ate a total of 234 "vacant
positions at the present time. The vacant positions will accumulate tape thoh-
ies that may be used to resolve our problem this year but it also has a signi-
fica#it impact on the up and coifing budget because we have forecast itt formulat-
ing that budget that we will have needed about 4.1 n iiion dollars or 4.2 miller
ion dollars if the 75 to 100 positions retained in tact. by removing those we
will be able to reduce that increase by $1,200,000. Now an important area of
policy decision on the part of the commission in solving this problem is that
there remains 6.9 million dollars that we have been carrying it Federal Revenue
Sharing Funds on what we identify as a lag basis from the time that we receive
those funds. Those specific funds have not just been carried, they've been
expended but the whole program has constantly lagged by this sum of money. And
I gave you earlier indication why that was handled that way when Revenue Sharing
first came into being. Nov I'm proposing that we take advantage of this asset
and utilize $900,000 this year to assist in solving the particular problem that
we have and then $3,000,000 in the up and coming new budget year and $3,000,000
in the following year. Thereafter, Florida Power and Light Company franchise
monies can be utilized to continue this so that the city's finances in this are
continuous and we do not cause any additional problems. That really is the bulk
of the recommendations being offered. There is also an appropriation amounting
to approximately $1,100,000 that will become available from franchise revenues
to assist in the solution of this problem. These are unexpended funds or funds
that have not been programmed, I should really be saying, for any specific pur-
pose and my recommendation to you that we use these funds in order to assist us
in overcoming the particular problem that we have. If you'follow these recom-
mendations I'm confident that we will be looking at the new budget with, I hope
without any tax increase, that's the objective of all of this so that the com-
mission can consider a new budget without a tax increase.
Mr. Plummer: So what do you need us to do?
= Mr. Andrews: Well, mainly at this point I'm not asking you to take any action
to appropriate funds at this time. We will bring appropriate ordinances and
necessary documents to the commission to adopt but what I do want you to do is
to accept this in principle, a motion would be in order if you so choose.
Mrs. Gordon: Can I ask Mr. Andrews some questions regarding... Mr. Andrews,
at any time in the recent couple of years have you brought this to our attent-
ion about this lag?
Mr. Andrews: I was sure I had, Mrs. Gordon.
Mrs. Gordon: Does any commissioner here ever recall hearing about this before?
Mr. Plummer: Rose, yes, I have.
Mr. Andrews: In fact, Mrs. Gordon, we have charts that show how the city receives
the money and how it expends from it and our effort was to expend in a pattern
as we actually received the money and that we have been doing.
Mrs. Gordon: I'm getting the impression now that this is unbudgeted funds.
Mr. Andrews: That's correct.
Mrs. Gordon: You have indicated that there was almost $7,000,000 of unbudgeted
Revenue Sharing Funds? At what point in time?
Mr. Andrews: Well, Mrs. Gordon, let me put it this way. When we had money in
hand and we appropriated it then later in that same budget year we would re-
ceive additional revenues that were not programmed or budgeted in any way. In
other words when we started out this program there was a 9 month period in
which we received monies that we did not expend.
Mrs. Gordon: I know that initially. But in the initial budgeting of Revenue
Sharing Funds this was not brought to our attention, at least I.never recall
this being brought, I'm not quarreling that you found us a wind fall but I am
asking you to furnish me with some information that reveals that this knowledge
was brought to the table in public to this'conamiasion and that there was this
kind of money laying there that you informed us about this amount of money,
$6,900,000 unbudgeted Revenue Sharing Funds, I want to find some evidence of
that in some records of some public meeting.
W. Andrews: Ok. 1 am almost cure that that exists right in the initiation
APR 2.21976
of the expenditure of these funds because if thy Metory serves ine correctly,
and I sat in the chair tight behind the then City Manager, tha this was brought
out very clearly as to these funds becoming available but cautioned the coiitfdis=
sion about not spending from that because; attd he Vas wise enough at that time
to be concerned about actually having the dollars in hand and not expending
from that and also at the same tide being concerned about the wind down of this
type of program if and when it occurs.
Mrs. Cordon: Would you compile whatever evidence you have and let me have it,
please?
Mr. Plummer: Well, there was two times, Paul, that I recall One was during
the original budget when Federal Revenue was instigated and a second time which
might not have been a public meeting but you and I had a discussion in reference
to pension and this thing came out then.
Mr. Andrews: ''Yes.
Mrs. Gordon: What I'm particularly asking is the public meetings. Ok, thank
you.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 76-433
A MOTION ACCEPTING IN PRINCIPLE THE RECOMMENDATIONS OF THE CITY
MANAGER IN HIS MEMORANDUM TO THE COMMISSION DATED APRIL 21, 1976
ENTITLED "PROGRESS REPORT - 1975-76 BUDGET".
Upon being seconded by Commissioner Reboso, the motion was passed and
adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
52
APR 2'419i 6
54, FAIR ISLE - PUBLIC HYING ON PROPOSED AGE OF ZONING
Mayor Ferret I repeat fot this item, if I satanything going that this
is going to split 2/2, would just put it off until we had a full commission,
'nth that admdaition, let+a get going. Mr. Acton.
Mr. Acton: Mr. Mayor and members of the Commission Item # 33A, is very
clear in terms of the policy decisions that must be determined by the commission.
They basically amount to the number of dwelling units and the heights of buildings
that should be allowed on Fair Isle. Our recommendations on both density and
scale are based on an indepth study of the traffic conditions, in north Grove
and an analysis of the scale of buildings and their relationship to the surrounding
area in north Grove. To orient the commission geographically, in terns of additional
information, t want to start out by showing that area of north Grove that is under
consideration today, the yellow area indicated on the map on the wall, portrays
neighborhoods in north Grove that amount to approximately 1,000 dwelling units.
Most of them single detaehed homes. The brown area, is location of Fair Isle,
in their present application calls for 800 dwelling units. The existing zoning
_ presently applied to North Grove area, is indicated by this map, you will note
with few exceptions along the bayfront facing Fair Isle that it is predominately
R-1. The recommendations in the Planning study for Coconut Grove and indicated
by this map. These are the recommendations:that were approved in principle by
the city commission. Our recommendations for ,Fair Isle, based upon our analysis
were no more than 500 dwelling units and no more than 12 stories in height. Now,
to give the commission technical information as it pertains to both traffic
in North Grove and scale relations, I would like to have Mr. Jack Luft present
further information.
•
•
Mayor Ferre: While Jack is setting up I might point out that the communications
department of the city of Miami has gotten a system at Father Gibson's room in the
hospital, at Cedar's Hospital and he is listening to all these proceedings going
on here and trying to follow it with whatever material the Manager supplied him
with.
Mr. Jack Luft. Mr. Mayor and members of the Commission, ladies and gentlemen,
my name is Jack Luft, I am here to represent the City of Miami Planning Department.
The major constraint facing the provision of adequate municipal support services
to Fair Isle, is the impact on traffic generated by the proposed development of
that island. There are other factors, far and away, this consideration presents
the most difficult problem for a city that attempting to provide municipal services.
Historical and present traffic flows on Bayshore Drive reveal that there has
been a 70% increase in daily traffic in the last 10 years. Bayshore Drive is today
the busiest two-lane arterial roadway in Dade County. Bayshore Drive is today
50% over capacity and it is operating at a level of service F. From time to
time I will be speaking in terms of level of service. This is a traffic engineering
term that is used to describe the conditions under which a roadway is functioning.
0n the map you see before you on the wall, you will see described conditions ranging
A through F. A being essentially free -flow, and B, being close to that, with no
problems really, level of service C represents minor problems, but still realistic
speeds, level of service D is lowest design level for which roadways are presently
designed. This represents some constriction of design speeds, the speed limit,
represents some problems in turning movements, represents some congestion at
intersections but it is generally deemed to be acceptable for urban traffic
situations. Level of service E represents capacity or force flow situations.
Level of service E is generally considered to be intollerable. Level of service
F is very nearly a breakdown of the system in which traffic is moving a virtual
standstill. Dixie Highway is a level of service F. In the morning Bayshore
Drive is at level service F, in the afternoon Bayshore Drive is at level of
service F in the vicinity of Mercy Hospital.
We know that at present the most immediate impact of traffic on Bayshore
Drive is felt by those residences on the Bayfront, of which there are some
100 single family home that depend on Bayshore Drive for thier access. These
homes are effectively locked in during the peak hours. Tigertail Avenue has
become the bypass for Bayshore Drive. Tigertail Avenue has had a 42% increase
in the morning rush hour traffic in the last 3 years and now has over 500 vehicles
per hour in the morning traversing that route. Over 3.000 homes are served by
Tigertail Avenue in the north Grove , Silver Bluff, Natoma Heights and Bay Heights
neighborhoods, This becomea their major route as a collector street in and out
of their neighborhood, The development of Fair Tole will, impact severely traffic
conditions on Bayshore Drive end in effect, the entire north Grove Area,
53
APR 221976
Mr, Luft: tf 1000 dwelling units are built are built as originally
proposed, then given a .55 trips pet dwelling unit pet peak hour generation
factor, and 80/20 directional split, meaning that 802 of the cars would
go north toward downtown in the Horning and 202 would go south, more than
440 trips would be added to the eastbound morning rush hour peak 'lour traffic
by the Pair Isle development. This would represent an increase of 36% over
present traffic volumes.
Mayor Perre: You said 440, it has to be 4,440.
Mr. Luft:---440 person trips, car trips. There are 1000 dwelling units
on the island, the standard factor used by traffic engineers supported by the
national institute of traffic engineers through extensive research is a trip
generation factor of 0.55 trips per dwelling unit per peak hour. If you the
factor that down by an 80/20 split, you end up with 440 vehicle trips generated
from that island onto Bayshore Drive in eastbound direction.
Mr. Plummer: Where are you pulling this 1000 out of a hat?
Mr. Luft: I am saying that the 1000 was the original proposal for which
there is a building permit on file in the building department.
Mr. Plummer: I was aware that was 1200.
Mr. Luft:----200 hotel rooms.
Mr. Plummer: Well, 1200 rooms, is that a fair statement?
Mayor Ferre: It is even worse that what you are pointing out.
Mr. Luft: Yes, I am trying to relate it to morning peak hour rush traffic.
Mayor Ferre: For clarity, you are talking about the original request.
Mr. Luft:--the original proposal.
Mr. Plummer: It was 1200?
Mr. Luft: It was 1200.
Mr.Plummer:--now proposed to be 800.
Mr. Luft: Throughout this presentation, I am going to try to give
every benefit of the doubt to the Fair Isle project and I am going to relate
at this point the generation by the dwelling units, the permanent residents
who will be going to work in the morning rather than the hotel residents who
probably will not.
Mr. Plummer: Just so we understand each other.
Mr. Luft: These 440 trips would be placed upon an arterial that I said
is 50% overcapacity. 800 units has been the most recent proposal. This would
generate approximately 352 trips which would represent a 30% increase in
traffic on Bayshore Drive. If we assume that Bayshore Drive is not widened,
the numbers of cars that would be added to it in the morning, under the 1000
or the 800 unit proposal, will clearly create traffic problems far in excess
of the already critical congestion that we have today. We could say with certainty
that such additional loads would result in the diversion of significant numbers
of cars to the Tigertail Avenue area which would create greater conflicts, the
Silver Bluff, Natoma Heights and Bay Heights neighborhoods, If Bayshore Drive
is not widened, it could be said literally that any development on Fair Island
will critically burden Bayshore Drive.
I am sorry the entire map does not show. This is a vicinity map depicting
Fair Isle and some of the immediate streets around it. If we assume that Bayshore
Drive is not being widened, we realise that any traffic generated by that island
will have an impact. We then arrive to determine what is an acceptable figure
in terms of dwelling units. Since we can't relate to the situation on Bayshore
Drive, it is already a level of service F, it really,can't get much woree, except
to back further south and divert more traffic in alternative routes, We can relate
for the moment to the condition faced by the vehicles exiting from Fair Isle, Now
4, APR 221976
under any condition, regardless of 'what is built at Fait Island the development
will requite a traffic light at the intersection of Fair Isle Drive and Bayshore
Drive. This will be requited to permit exiting vehicles access to Bayshore Drive
during both morning and evening rush hours, This traffic light will have to
be synchronized with the 17th Avenue light which is about 600 ft, away. This
will pertuit about 25 second green time out of every two minute cycle for the
Fair Isle traffic to exit. This is a cycle as it is presently set up and we
cannot give more green time to 17th Avenue, if anything we may take some away,
but assuming we can hold present operational levels, that is the maximum time
Fair Isle can have. This amount of tithe will permit approximately 235 vehicles
per hour to exit from Fair Isle, at a level of service C, acceptable level of
service, At .55 vehicle trips generated per dwelling unit per peak hour, this
would permit no more than 500 dwelling units to be built on the island if we
are to maintain acceptable levels of service dust for those people exiting
the island.
We must keep in mind that there is today a potential for additional
development in Coconut Grove. This development will also impact Bayshore Drive.
Along Bayshore Drive near 27th Avenue there exists R-C zoning and the close
examination of the potential development sites within that district, reveal
we have a real opportunity, and real change of increasing the numbers of
dwelling units in that area by 400 units. These are realistic, these are not
using every piece of property. These are the ones we expect to develop. For
Skyline Drive we know that approximately 80 units will be built. This is also
closet to Fair Isle. For the south along main Highway immediately adjacent to the
Village Center we have potertl31s for 250 units including some pieces of property
near Ransom School. Development proposals are already before the Department con-
cerning the development of these tracts.
For the north along the estate area of Bayshore Drive, we have a conser-
vative estimate of 50 more potential units coming on stream, and I would
emphasize that most of these areas are R-1 or R-1B, the lowest intensity
zoning we have in the city. Altogether these areas if developed would add a
minimum of 350 auto trips to eastbound Bayshore Drive traffic in the morning
and almost an equivalent in the evening. This is not take into account for the
development yet for the south along Main Highway, more specifically along
Cutler Road in the vicinity of Cocoplum which we might well expect to be
attracted to Bayshore Drive. Remembering that Bayshore Drive is operating
at a level of service F today, even if Fair Isle is not built we know we
will be getting additional vehicle trips generated just within the City of
Miami, so let's suppose for argument's sake that in the face of this potential
development the decision is made to widen Bayshore Drive, by providing an
additional eastbound lane between Fair Isle Drive and Mercy Hospital, thus
providing two lanes northbound toward town for the morning rush hour traffic,
this widening would increase the capacity of Bayshore Drive to approximately
1750 vehicles per hour at a level of service D, it is the lowest acceptable
design level for which we can design a roadway, 1750. There are present 1200
vehicles per hour traversing Bayshore Drive, and on occasion we get as much as
1300. We know, we can expect the vicinity of 350 vehicles to be added to this
load just in the course of development of existing properties in the Grove
area, and that is a conservative estimate.
If we are to provide for responsible planning of this commuity's roadways
we find that a level of no more than 200 vehicles could be permitted to enter
into that stream of traffic before we begin to stretch the bounds of level
of service D. That would emphasize to you that 500 units is the most we can
provide out there and still sustain that traffic flow of 200 vehicles. 800 will
not do it, 1000 surely will not. The practical implication is that even if we
allow ourself the latitude of widening Bayshore Drive, Fair Isle is developed
as proposed we would most certainly be right back where we started
approaching levels of service E and F, we would have a two-lane jam instead
of one. The proposal therefore in connection with zoning on Fair Isle is to
take a responsible position, that will protect the interest of the larger
community, allowing for responsible development of the island, consistent with
the support system of services that the city must provide. We recommend no more
than 500 units on that island.
The second issue I will touch on is the issue of scale. Scale relationships
are a difficult thing, We may well ask how high is the sky. Many think that the
scale relationships and perceptions of such is very subjective matter, one that
is left primarily to the opinions of those that perceive them. There is however
a body of literature and architectural work, urban design, landscape architecture
----really over a period of centuries is attempted to defi a what scale relationships
are and what theta impacts of buildings within the environment are, 1 would quote
to you from an article in the book "Landscape Architecture" by John A, Simons,
55
APR 221976
Mr.Sitnons is a fellow in the American Landscape Architectural Society, he
is a long respected member of this profession. The book he has Written
is an accepted manual of practice.
Mayor Ferre: In addition to that, John Simons is the land planner
wo did the work for Miami Lakes, among other communities in bade County. Re
is one of the most highly respected professionals in the country.
Mr. Luft: Now, if we could reduce this issue of scale on Pair Isle
to one clear point, it would simply that the residents of this community
respecting the potential for development on the island ask only that they
don't have to look at it, or that if they can see it, that it not represent
an 'overwhelming scale burden upon their publicly owned vistas of that bayfront.
So the issue really is, what constitutes a burden upon the usual perception
of that bayfront. Quoting from Mr. Simon's book, they state
that in order to see at its best a building as a whole i.e. leaving aside the
detail, the observer should be separated from the building by a distance equaling
twice its height, which means we would see it an angle of 270 and in this latter
case the building will fill the entire field of vision of an observer who holds
his head motionless in a normal viewing position. The diagram behind me illustrates
the angle of vision perceived by a person on the bayfront from any of the homes
or parks to which the public has access to in that immediate vicinity of the
40 story building which is 30° in excess of this first point. If the observer
wants to see more than just !Inc building, if for instance he wants to see a
building as a part of a group he should see it at an angle of about 180 which
means he should be separated from the building by a distance of about equal to
three times its height. The present proposal for Fair Isle is 25 stories as
you can see it occupies a vision angle of some 21° in excess of this. So what
he has said is that this represents the best viewing angle for percveiving a
group of buildings. And they go on to conclude, if the distance between the
observer and the building increases further, and I might add, if the height
is lowered, that is the angle between the top of the building and the line of
sight to the horizon becomes less than 18°, the building begins to lose its
predominance in the field of vision. The Planning Department's proposal in
this regard was for 10 stories. We feel that in this respect, the public's
view from the bayfront, the development of that island would be harmonious.
That concludes my statements. Thank you.
Mayor Ferre: Mr. Acton are there any other statements to be made by
the administration at this time?
Mr. Acton: No, Mr. Mayor.
Mayor Ferre: Then I imagine the proponents of this item will be heard
at this time, then we will hear the objectors, then the proponents, then hear
the objectors again. Everybody has plenty of time for rebuttal. I will try to
recognize as many people as wish to be heard today. I hope that you are patient
with us as we will be patient with you in recognizing the time constraint. I do
think that hopefully three hours would be sufficient to air this item, if not
we will try to extend it further. We will just play it by ear as we go along.
Just so we can at the beginning, before the thing gets heated, see how
many speakers at this point wish to be heard. I will not deny you the right
to speak later on if you don't raise your hand, but I would like to know how
many people would like to speak on this item this afternoon. As opponentd,
raise your hands. This is a Planning Advisory recommendation, so these are
the proponents. The ones in agreement with the statement just made by Mr.
Acton and Mr. Luft, would you raise your hands, the proponents? Who wish to
be heard, I count 18. Is there anybody here who thinks he needs to speak more
than 5 minutes. Would you raise your hands? Would the individual who wishes to
speak more than 5 minutes come forward? Are there any who wish to speak more than
4 minutes? I am going down to 3 so you will know where I am going. Anybody more
than 3, if not, with the exception of that gentleman who wishes to speak more than
5 minutes, I will limit your statements to 3 minutes. Mr. Patten, I will be as
lenient as 'possibly can. As you know by Charter, I have the authority of limiting
everybody to speak 5 minutes. I will try not to exercise that, but in the interest
of trying, if you recognize of course, that if 18 people speak 5 minutes, I don't
think it is a secret how many hours that is going to be, I think we would like to
get on with this, because that is just on your side. If you have the right to speak
2 or 3 hours, I am sure the other side is going to want 2 or 3 hours, and I know
this is an important item for this community. I am just trying to weigh; upon you
5
APR 221976
the importance of brevity, if possible. If not I will just be lenient, as much
as I can.
Now, on the other side, opponents of this item, How many wish to be heard?
Eight. Now, does anybody wish to speak more than 5 minutes? That is two? Will
the rest of you be satisfied with 3 minutes? Sete is the way we ate going to
do it, so that you don't complain. The Clerk will keep the time schedule on
this. Whatever the proponents have, the opponents have. If the opponents speak
more, I'll give the proponents more time. I at going to try to be as fair
as I can on this. You will just have to be patient.
I wit then take the proponents and again, try to stick to your three
minutes, if you need more time, I'll try to extend it as much as possible.
Mr. Bill Jacoby: Mr. Mayor and Commissioners, my name is Bill Jacoby,
I reside at 1946 Tigertail and I am speaking here for a large number of the
resident leaders today, There are urgent questions on the pair Isle issue that
must be answered we feel by you, our elected representative, before these pro-
ceedings go further. These questions affect the very foundation of our local
government and they there are of great concern to all of us. To enable the
public here and the days to follow, to intelligently and fairly evaluate the
testimony that will follow, we feel that one of the questions that must be put
in the record now, and the air cleared before this meeting proceeds further, you
may decide once you have heard this question, that you wish to make some change
in the conduct of this hearin I don't know, particularly since Father Gibson
is not here, but we stand before you now with this humble request.
Mr. Mayor at the beginning of the Planning Advisory Board meeting of
March 4, the Acting Mrs. Selma Alexander, announced that she had been contacted
previous to the hearing by representatives of the Fair Isle interest and as
Chairman, she was going to enter this fact into the record. Further she stated
that the other members must do the same before proceeding with the hearing. She
insisted that the nature and the details of these private, previous contacts
sould also be made a part of the public record. According to the Minutes, Mrs.
Alexander and at least one other member stated that they had refused to meet
privately with the Fair Isle owners or their representatives. They stated that
Mr. Jack Lowell had offered certain exhibits and documents relevant to that
matter, and that contrary to Mrs. Alexander's exlicit instructions these documents
had been delivered to her private residence. This is on the record. The other
P.A.D. members stated that they had similarly been contacted and had met with
Fair Isle representatives. They were required to outline the nature and the
details of these meetings, and it was revealed that they also had been supplied
with certain documents and exhibits by the owners. Mr. Mayor and Commissioners,
based on this Planning Advisory Board hearing testimony and on the previous
reputation of this matter, we ask that you now do the same for the public
gathered here and that you state for the record before further testimony is
presented whether or not you have been privately contacted in any way on this
matter, and the details and the nature of this contact. We think that the minimal
details that the public has a right to know now, are as follows and I will supply
you and the public with copies of this draft when I have finished reading. Part
A, --'have any of you been contacted by representatives of the developers, the
owners, or the trustees of Fair Isle'. We request here that each Commissioner
answer individually for the record, as was done by your Planning Advisory Board
members. B----if so, how were these contacts made, by telephone, in person, by
mail, by legal courier or deputy, or otherwise? C--what is the name of the
person or persons who made the contact.---D. what was the nature of these
contacts, discussion, person -to -person, study of documents or exhibits, a
presentation to you of information from expert witnesses, legal opinions or
briefs, and what in detail was the subject matter, discussed or studied,--E.
were you supplied with documents or exhibits relating to Fair Isle. If so we
request a copy of these documents or exhibits for our study and we request
a brief recess for our perusal to look them over.
Please understand us here. We don't wish to generate misunderstanding
here. We realize that you are in a very difficult position as you sit here
and try to come to an equitable decision on this difficult and precedent making
issue, It is simply that Fair Isle is of crucial importance for our community.
The record will show that the proposed high density development on Fair Isle
has upset the citizens of this community long enough. We intend to see this
matter settled in a way that is heai.ty for the community at large and we want
the recou endations of the Planning Department to be given a fair trial. We
stand firm in our conviction that the public inherently has a right to know
the details of all transactions performed by their elected officials and
57
APR 221976
their regulatory agencies. It is simply under the aegis of the public's right
to know that we asked this► In order to judge fairly, the presentations that
will be made in this hearing, we need your responses to these questions now.
We yield the floor to you now for your answers. I have some additional
questions on the details of Fair Isle activity and the individuals who have
been involved over the last several weeks and I would request the right to
pose these question to you later.
Mayor Ferre: Mr. Jacoby, I certainly thank you for yielding the floor
to us and I might start by answering in the following way. I think that
your request is a fair request, however I want to state to you, that you
don't work with the Attorney General's office or the State Attorney's office
do you?
Mr. Jacoby: No, I'don't know who he is.
Mayor Ferre: You are speaking as a citizen, correct?
Mr. Jacoby: That is right.
Mayor Ferre; You are not making any formal accusations of any sort by
implication or otherwise?
Mr. Jacoby: We are asking questions.
Mayor Ferre: It seems to me that the request is a fair request because
it is a controversial item. I might point out that there is, to the best of
my knowledge no law, either federal or state or county that requires for
elected officials from the President on down, to reveal who they talked to
about what items.
Mr. Jacoby: That is right, there is no law.
Mayor Ferre: Nevertheless, I just for the record to clarify that there
are constitutional rights and there are laws. I am not a lawyer, but I am
trying to clarify before anybody else does, gets involved here, --nevertheless,
I repeat, I think your request is fair because of the controversy of the item.
I will go to that point. This is not an inquisition, nor is it an inquest, nor
is it a hearing on the propriety of the actions or non -actions of members of
this commission. I would recommend to you sir, if you have any complaints or
misgivings, the proper place for you to go is to the State Attorney's office
and make a formal complaint if you feel that something has been done that is
illegal, or wrong, and that a criminal prosecution should be pursued by you
or the members of your association, society group or representation.
Mr. Jacoby: That consideration would be far down the road for us. We
don't have the feeling in our own minds at the moment that there has been
specific improprieties. We simply feel these are questions that the public
of not only attendance here today, but in the community at large has a right
to know the answer to these before judging what is happening on this matter.
Mayor Ferre: You also believe that would be true in every case of any
important item that we consider before this body.
Mr. Jacoby: I think it is a basic element of government in the sunshine,yes.
All of the factors that have gone into the deliberation on a public issue, should
be open.
m. Mayor Ferre: I think that that is something obviously is of major importance
in the state at this point. I would strongly recommend that you do one of two
things. First of all I think you should work with your legislators and I would
like to ask you whether you have worked with either the county commission board
or any member of the Dade deligation in requesting that laws be instituted
similar to what you are wishing to impose upon this commission, Have you worked
with any of the Dade delegation to see that laws are written as you are requesting?
Mr. Jacoby: We have given consideration to that but as 1 say again, until
we start with these fundamental questions here, we are not sure that a problem
exists. Maybe the problem doesn't exist.
58 APR 22 1976
•
ffr
Mayor Ferret These type of innuendoes have existed as 1ot`!g as 1 have
served on this commission. I blight point out some of you that ate here, have
made them during political campaigns, and I might point out that it is your
perfect right to do such things. I might also point out which is my second
point, that those of us who serve the people at this level here, run for
public office, the Mayor runs every two years, the commissioner every four
years, you are perfectly entitled and you have the right to either run yourself,
or sponsor people to run against us, as has happened in the past and if the
will of the people is in your favor, fine. That is your second alternative
as to how to cure these problems. With that off my chest, ----
Mr. Jacoby: At this moment then, let ne pass these to you, as I do,
let me make one disavowal. The copy that you received has the names of the
organizations appended. OUr attorney has not yet arrived and has not passed
on the advisability of having those organizational names appended so would
you please receive this with that disavowal that I am presenting this to you
on my own.
If you think it is appropriate I think it might be timesaving, I would
like also to add a copy of the further detailedi.questions that we think would
be appropriate to pose later on. I'll pass these out at the same time.
Mayor Ferre: Are you going to pass these out now?
Mr. Jacoby: Yes, please. The statement that comes to you was prepared
in conversations with severl of us, the second appendage, the detailed questions
I am presenting on my own as a private citizen.
Mr. Thomas McGlinn: Mr. Mayor I am Thomas McGlinn, I am president of
Bayshore Homeowners Association. Our name is on this as is the Tigertail
and the Civic Club. OUr signatures are not on here, and I want you to know
Mr. Jacoby was speaking for himself, and not for these associations.
Mayor Ferre: We have had this type of problem in the past where
one person makes a statement for an association, then evidently there was
confusion about that, so this is not new to this commission.
Mr. McLean: We just want to clarify, ----
Mr. Plummer: You want to take them back?
Mayor Ferre: You have a series of 32 points here, this is a public
hearing for the purposes of acting on the Planning Advisory Board. 32
questions, you expect us to answer these 32 questions at this point before
we get into the discussion?
Mr. Jacoby: Yes.
Mayor Ferre: I see, that is for Jack Lowell.
Mr. Jacoby: The subsequent questions, questions on the details of
Fair Isle activity over the last several weeks, that I would like answers
for and several private citizens that I have been working with, we don't
know at the moment whether we would need to hold for answers to all these
questions or not. Mr. Lowell is here, I would think that other representatives
of Cabot, Cabot Forbes might be here, might be able to provide answers to these
questions, if it seems the questions are responsive, we
Mayor Ferre: There is no obligation on anybody's part to answer any of
this legally.
W. Jacoby: No.
Mayor Ferre;It is up to every member individually, and as far as I am
concerned I have already stated my position, and I think he is entitled to an
answer, Each one of us can state their position, and we can get on with this
thing.
Nr.
Plummer; Are you going to limit us to 5 minutes Mr, Mayor?
59
APR 2 76
Mayor Ferret The 32 questions ate not for you, they are for Mr. Lowell.
'mere are a series of, it looks like 6 quuestions here, and I am saying, my
statement is, Mr. Jacoby is entitled to aft answer, even though it is not the
lair. I am asking what your position is and we will take it from there. t'll
tell you how I am going to do it, While everybody else is thinking about this
Mr. Jacoby, I'll tell you what I am going to do. I am going to sign a notarized
statement, and I'll send you a copy, and anybody else who wants it, and one
to the State Attorney's office, on my answers. I am not going to hold up this
hearing and answer your petition.
The question is, so we can get on with this, that, -what is your position
on this, you can answer it now or later, I don't care. Mr. Plummer you want to
answer?
Mr. Plummer: Mr. Mayor I haven't even read it.
Mayor Ferre: Mr. Reboso, do you want to answer?
Mr. Reboso: Mr. Mayor I don't know who the proponents alp. The only
papers I have received is this one today together with this one, from Mr.
Reed, and this that came yesterday in the mail, signed by Jack Lowell, general
manager. I don't know him personally. This one from Wilbur Smith and Assoc. and
this one was presented to me today, by James Dean the architect.
Mayor Ferre: Anybody else want to add anything else to that subject
matter then we will get on wi:l• the hearing.
Mr. Plummer: Mr. Mayor let me state for the record, that I will be
happy to answer Mr. Jacoby's questions and I understand it as that, just your
questions, in writing and I will respond to you in writing. I am assuming this
page, not 32. I will be glad to respond to you in writing.
Mayor Ferre: Who is the first speaker?
Mr. John R. Edwards, Sr.: Mr. Mayor and Commissioners, I am John R.
Edwards, Sr. Mrs. Edwards and I own our own home at 1866 South Bayshore
Lane, which is the second bayfront house south of the causeway to Fair Isle.
I speak as an interested property owner and also as a developer who has followed
the Saga and Fair Isle rather closely. I appreciate this opportunity to make
two points. First I am strongly in favor of the down -zoning of Fair Isle from •
R-5 to R-3 as recommended by your Planning Department and approved by the Planning
Advisory Board. I urge further that a developer of the island be encouraged to
use the P.A.D. approach at a density much lower than the maximum which would
be permitted by R-3. P.A.D. would permit establishment of small, high quality
interesting community, entirely different from the many high rises around us
on the one hand and the luxury single family waterfront homes of Coconut Grove
and Coral Gables on the other. It could be compatible with and complimentary to
Coconut Grove and of small enough size to keep automobile traffic within what
the Planning Department believes to be at least bearable limits. My second point
is that I have satisfied myself that this type of P.A.D. project at a level of
about 300 units could be sold at prices which would give a reasonable return
on investment. Surely I would make this second statement only on careful study.
It is an important statement. Questions like how fast will these units be absorbed.
What is the realistic value for the island in its present state? What rate of
possible return will be need to lure equity into such an undertaking. These are
fundamental questions. I have had to make assumptions naturally, but I have checked
my thinking by employing the services of a qualified local architect and a local
market research firm and by reviewing my own cost estimate with a large, well
established local contractor. As for my own qualifications for making such
an evaluation, you have a right to know, I am trained as an engineer, later
had the top responsibility for locating, designing and building a number of
multi -million dollar manufacturing plants, and am now president of Rock Harbor
Development Corporation which has built the Rock Harbor. Club on Key Largo. The
Club incidentally is being developed to a density of only 26% of the maximum
density permissible in Monroe County at the time we started. We have found that
that discriminating buyers appreciate this fact. We are happy to be 75% sold out.
I have also per force, some personal appreciation of the sensitive nature
of the judgement you are faced with making today, I served on the 11 person Ad Hoc
Planning Advisory Board which assisted in drawing a land -use policy and the supporting
ordinances required by the Governor's designation of the Florida Keys as an area
of critical state concern, and now have been appointed to the 5 man county
zoning board to help see they are implemented,
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APR 22 W6
Thank you very Much for the ptivilege of speaking it strong support
of this part of the City of Miami's land use plan.
Mayor Ferre:The next speaker please.
Mr. Art. Patten: Mr. Mayor, Mts. Gordon and gentlemen of the commission,
my naive is Art Patten, I reside at 3500 Fast Glencoe Stteet, Coconut Grove.
My home is one of the hoines that was shown on the original Trap that presented
at the Planning Department's proposal as being one of the streets critically
affected by this development. I am here this afternoon, not only to express
my concern about what this development will do to my property, I own other
property, and if necessary I could leave the City of Miami, I don't want to
do so, but this project is not, ---I am not here primarily, because I have
no place to go, or that this will financially devestate me, but I am here
primarily as a matter of principle, and that principle is very simple. This
matter has been kicking around before the City of Miami as far as I can remember
in recent years, from 1968. This Planning Study which has been presented here today
I think was commissioned about 5 years ago, there have beet, implementing parts of
this overall recommendation already passed by the City Commission in reference
to properties on the mainland. Now this Planning Department has worked long and
hard, extremely diligently carrying out the mission assigned to them by not only
this city commission but previous city commissions. I think that the community
the adjoining property owners have on so many occasions, I have forgotten all of
the appearances but I think that the community has attested to its fear and
concern of the potential liability that would be created in this Coconut Grove
area by the high density, high-rise development concept as presently proposed
on Fair Isle. Let me point this out. I don't think many of us have understood
this until we get down to what some of these zoning classification mean. This
R-5 zoning which is on Fair Isle, constitutes as far as I know, and I am now
relating it what I know of County zoning, is the highest, unlimited zoning
category on any zoning books, anywhere in Dade County.
Mayor Ferre: Other than downtown Miami.
Mr. Patten: Fair Isle constitutes R-5 zoning. There is nothing in Dade
County permitting more development, higher buildings, more mass density, either
on the City books, the county zoning code, or anywhere in DAde County that what
is on this island right now.
Mr. Plummer: C-3 allows more.
Mr. Patten: Not in the residential category I don't think. At any rate
the matter before us here today both you as our commissioners and we as a
community, is whether or not, as the Planning Department projects and Mr. Luft
I think has very articulately told this community exactly what is going to happen
if this property remains in its present zoning status. And I didn't hear him
say anything about any good that was goin4to come from leaving that property
in its present condition. I did hear him speak for almost 30 minutes about all
the problems that would come and predictably come if it is not rolled back. All
I have to say at this time is simply this. Your Planning Department in carrying
out your instructions has come back with answers. They have come back with red
flags flying. They are advising you in no uncertain terms that based upon your
judgement here today you have the determining factor, the determining ability
in the future not only of Fair Island but this entire Coconut Grove community
if not indeed maybe the Silver Bluff area and many other adjacent subdivisions
adjoining either Natoma Manors or the immediate Coconut Grove residents affected.
This Planning Department has come in and told you that serious long reaching
problems will occur if this property is allowed to be developed as presently
zoned. To me, this all boils down to a logical conclusion. The opportunity
the time, is now to solve the problems before the problems occur. If this com-
munity, places like Miami Beach and other communities in Dade County had had
enough foresight to have Planning Departments, and I compliment this city in
bringing together people with the expertise that these gentlemen have, the
thoroughness that they have presented this, but if this community had responded
to this type of thinking long ago, where we could have preserved public beaches,
and etc. in this area instead of waiting until after the fact and saying why
didn't somebody think these things out and do something at the time. The tine
.s now. You have complete report from your planning profession, It is in depth,
They asked if there were any questions, They have shown serious and far-reaching
consequences if that development takes place.. The matter is simply before you
as our city fathers to make the decisions, hopefully today to resolve this
iaatter once and for all. Prankly, if you don't agree with the planning Department
as thorough as it has been in this case, it would seem to ate only logical to get
a planning Department. But be that as it may. All we are asking you to do,
is, before the problems occur, solve them before they happen,
Thank you,
Mayor Ferret Next speaker please.
MR. William : Mr. Mayor and members of the commission, my
name is William I live at 3590 Crystal View Court. I have been
here so many time about this that, I know most of you a long way back. I.
remember we were trying to get a moratorium. Remember that? And as I was
sitting here looking at these caterer's trays, it reminds me of an evening
about 6 years ago, when a gentleman came in here and said, we are not going
to over -develop Fair Isle. We are going to have a very nice and attractive
development. It is only going to be 28 stories tall, nothing exorbitant, very
very nice within the rules of R-5. You know, he didn't generate too much
enthusiasm until he came out in the newspapers that those two towers had
given birth to four, and under the law, he could put four towers up. Now
today we are going to hear about how these people don't want to do that.
They don't want to put four towers up, they don't want the 1200, the 2,000,
or any number like that, but I am realistic enough to realize that this property
in all probability will bp dc;veioped by somebody that wants to make some money,
which I find is great. If I had the money, I would be standing on the front row
doing it. But let's roll back zoning to help keep the man honest. Now he knows
that he can put 800 units up there but if he has R-3 let's limit him to 500 units,
or 400 units, and not wait until he comes up with his 2,000, and says you see,
actually we only wanted to put up 800 but we just couldn't make it, so we are
going to have to put up 2,000, and this extends all the way down through the
17th Avenue, all the way down to Mercy Hospital. Intentions are great, we are
only going to put up 10 units here and 20 units there, but when the dollars
start rolling in, they say sorry about that we are going to have to put up more.
Mayor, we have been through this before. Let's cut if off now. Thank you.
Mayor Ferre: Next speaker.
Mr. Thomas McGlinn:My name is Thomas McGlinn,I live at 1872 S. Bayshore
Lane, I was one of the citizens advisory committee that the Planning Department
worked with when this was originally started, the master plan was originally
started in 1974, in September. We have had two meetings, two huge meetings
in St. Stephen's Church, over two years ago, explaining this whole thing
in detail. I remember very well when this planning was developed, the developer
was asking for permits and etc. Members of the City Commission at that time
would say well he has his R-5 zoning there is nothing we can do about it.
We are very sympathetic with you, R-5 should never have been allowed, but there
is nothing we can do about it, except grant his permits. Well today you can do
something about it, and we are certainly hoping that you will.
Thank you.
Mayor Ferre:Next speaker please.
Mr. Thomas J. Stokes: My name is Thomas J. Stokes, I live at 1871 S.
Bayshore Drive. I think what we need most of all is a little realism, and
I don't believe that is it realistic to put the density on Fair Island
an island that has only one entrance and exit that they are proposing to
put there. If that property was surrounded by other road where it could
go off and on in other directions, it might be a lot more realistic. Now,
when we were at the Planning Advisory meting before, there were two plans
that were presented, that would be feasible with a lot less density. The
price is what always seems to be the problem and we are going to hear from
the owners that it is worth 10 million dollars. Well I say it is not worth
10 million dollars. My recollection is that the island was bought in 1969
for about 1 million dollars. It was bulkheaded, the bridge was widened, and
was filled. At that time the price was approximately three and one half million
dollars, Now, that is what it costs to put the island there, and what do you
think is carried on the book, the tax books of the city of Miami? Not 10 million,
you don't have to build something to get 10 million dollars. It is carried on the
books $4,290,000. At that price it can be developed at lot less density than
62 APR 2 21976
the prevalining plans that are in effect, Now why is that price so high?
10 Million dollar§? It is very unrealistic, You had all the executive salaries
that were out there developing it, you have had the guatd sitting there for years,
protecting it, you had expensive lawyers fighting the battles, you have had a
luxurious house boat office, you have had all the lots up and down the street
of Fair Island to.make the beautiful entranceway, the helicopters that rose
every Saturday morning , took people up 42 stories and said this is what you
will see if you buy this penthouse, We have had all the full page adds telling
how great it was going to be. The unrealistic interest rates have been paid
all this time, that is why it is 10 million dollars. The property is not worth
10 million dollars, the property should be developed at a value of the property,
not the value of mistakes that have been made. This reminds me if I were going
to sell my house, and I paid 50 thousand dollars for it, and a man comes to me
and says I want to buy your house, and I tell him I will take 250 for it. He
says why is that, I said well I have lived here 10 years, I have made 20 thousand
dollars every year, I have spent all the money, so therefo..2 the house is worth
250 thousand dollars. That is how unrealistic this price is, we are all facing
the fact that this property is priced unrealistically and something unrealistic
has to be done to bail these people out and the neighbors are being asked to
live with this monstrosity, so they will not lose their money and will not be
caught with their unrealistic project they started.
Now, Cabot, Cabot and Forbes came into this rather recently and all these
battles were being fought lon3 before they came in. They can't be surprised
to find out they are in the thick of this battle. They can't say we bought
the property and it was zoned R-5 and now you are going to take it away from
us. It was so peaceful when we bought it. That is not true. They went in and
they bought a nest of worms, and they know it, and that is where they stand
right now. The only way this island can be protected is to roll it back to
R-3, then whoever wants to do something and appeal for more. because I think
each member of this commission has been on record more or less saying they don't
think that it is realistic to put what is out there on Fair Island, that the
R-5 zoning is not realistic. Something else should be done. I have heard that
R-3 is not realistic either. If we put R-3 on it, then we have a bargaining point.
As long as R-5 is on there, the door is wide open, so I ask you to consider this
and to roll the zoning back to R-3.
Mayor Ferre: Just one clarification. The tax assessor and tax assessing
function is part of Metropolitan Dade County, not the city of MIami. We used
to do that, but not for several years now.
All right next speaker.
Mr. Henry Alexander: Mr. Mayor, Mrs. Gordon and members of the Commission,
my name is Henry Alexander, I live at 3625 North Bayhomes Drive, I am president
of theCoconut Grove Civic Club, and I am speaking on behalf of that organization
today. My statements are the only applicable statements on today's subject that
the Coconut Grove Civic Club endorses.
The present R-5 zoning classification was established many years ago
before Coconut Grove had the benefits of a comprehensive planning study.
Today that study exists. The master plan study for Coconut Grove has revealed
many of the propblems that we the citizens of the Grove have long been aware.
The Planning Department addressed thses problems, they studied them expertly,
and they have developed sound proposals. We only hope that today you will endorse
the recommendations of your Planning Department and our Planning Department and
downgrade the zoning from R-5 to R-3.
Thank you,
Mr. Dennis G. King; My name is Dennis G. King, I reside at 3236 Emathala
Street, I am an attorney, I am president of the Tigertail Association. WE have
several hundred members in the Tigertail area. We also would like to go on record
supporting the Planning Advisory Board, the planning staff. This planning study
has taken countless hours of time and dedication to the betterment of the com-
munity, the preservation of this community as we know it, We feel it deserves
consideration, This is the function before you here today. 1 think the opponents
of this down zoning are going to tell you a great deal about past history but
this is 1976, we are here and now. The decision is in your hands as our elected
representatives to make the best decision that is in the interest of this com.
M nity as we desire to preserve it, You are also going to hear a great deal about
litigation, Now, I have brought a suit involving this project, they are going
to say 1 am losing my suit, A month ago 1 would have been able to Bay l am
63
APR 221976
winning my suit. There is litigation that we have been forced to incur.
Attorney's time, but I would submit to you that tto one is going to be able
to predict to you the outcome of litigation, The issue before you is to
fulfill your function as our elected representatives based on the best
evidence we have before you, the advice of your Planning Advisory board
the advice of the your planning Advisory Staff, we would submit that if
the opponents raide these questions of litigation, they like Mr, Jacoby
should be relegated to go to their attorneys and seek whatever legal
redress they can,
Thank you very much.
Mayor Ferre: Next speaker please.
Mr. R.D. Weakley, Jr.: My name is R.D. Weakley Jr, I live at 3280 SW
17th Avenue, a short 3 blocks from the site of this building. I have two
points Iwould like to point out to you. The first is traffic. Right now on
17th Avenue from 8 o'clock in the morning until 9 the traffic backs up
from Bayshore Drive to Tigertail right in front of my house. IN the afternoon
the traffic coming off Bayshore Drive backs up from Tigertail because somebody
wants to make a left turn and can't make it. All afternoon the traffic is
backing up on 17th Avenue from No. 1 Highway.
The other point I would like to point out is that 40 story is the
same as I understand, as No. 1 Biscayne Blvd is, 40 stories. I would live
within three short blocks of a bu;_lding like that. According to the things
I have heard here at this meeting, there are to four of them that size. Every
time I go out in my back yard and look to the south all I could see would be
four monstrous buildings sticking up in the air.
Thank you.
Mrs. Gloria Calhoun: My name is GloriaiCalhoun, I reside at 3029 Brickall
Avenue. Mr. Mayor and members of the commission, Mr. Peter Quincy who is
president of the Tropical Audibon Society, was unable to be here today and
so I am standing here in his place to make a statement on behalf of Tropical
Audibon Society. I was not authorized to concur with the opening statement
but I was authorized to concur with the evaluation and the recommendation
of the Planning Department and the Tropical Audibon Society also concurs with
the wishes of the civic groups that the zoning on Fair Isle be rolled back.
Now as a private citizen I would also like to add my own sentiments, and
I think each and everyone of you on the commission is well aware of how I feel
about Fair Isle and I think many of you in the past have made statements personal
statements to the public that you felt the situation was not fair on Fair Isle,
that you thought something as projected of that nature should not be built on
Fair Isle, but unfortunately there was no way of changing it. I think your
Planning Department has done a superb job in its careful evaluation of the
problems and has come up with the proper recommendation. Now, members of the
Commission and Mr. Mayor, now today you have your chance to make it right, you
have your chance to support the Planning Department and the Zoning Board also
recommended a rollback, and you have your chance to make it right with the com-
munity who wants this rollback with all its heart and it is only in the interest
for the health, and welfare and general well being of this community, and I beg
you to do so.
Thank you.
Mayor Farre: All right, next speaker.
Mr, David Dohney: Mr. Mayor, ladies and gentlemen of the commission, my
name is David Dohney, I reside with my wife and family at 1778 S. Bayshore Lane,
my home fronts directly on Biscayne Bay, about 700 ft, across the water from
Fair Isle. I live north of Fair Isle Street and south of the Pelican waterway,
and that means that the only access and egress I have to my home is via Fair
Isle street then to S. Bayshore Drive so the impact of the proposed project
will impact me and my family very substantially. I ur$e you to accept the
recommendation of your zoning Advisory Board and your Planning Department to
downzone Fair Isle to R-3. I make this recommendation with the full realization
as a lawyer, and as an executive of the major real estate developer, that the
final solution to the Fair Isle dilemma is far more complicated than the change
of zoning classification here proposed, Many of these issues will be resolved in
courts which is the proper forum for their resolutions, and I believe the courts
will ultimately prevent the very significant damage to our city which will be
G4
APR 22 1976
•
caused by the development of Fait Isle as now proposed, I am confident that
the ultimate development of Fair Isle, (and Fair Isle will be developed, make
not mistake of that), will be developed by a compromise, intelligently arrived
at between the land owner, whoever it may be, be it Cabot, Cabot and Forbes, or
whoever it may be, ----some third patty to who they may sell it, the City Planning
Department and the neighborhood residents, based upon a revised plan calling
for significantly less units, perhaps in the range of 3 to 4 hundred units
and with a configuration in the vicinity of 6 to 7 stories in height at a maximum,
and with very substantially reduced ancillary amenities as compared to the current
proposal. Such a plan in my judgement is not only economically feasible but can
be accomplished in confortity with sound planning principles and with minimum
impact on the environment and the intra-structure of the city. The first step
in that process of arriving at a fair compromise must be the intelligent action
of this commission to establish a reasonable zoning basis for Fair Isle at the
R-3 level. The full realization that there may well have to be some adjustments
some special modification in the R-3 level to accomodate the type of compromise
which I have just alluded to.
Finally let me say as a member of each of the associations contained on
the handout that Mr. Jacoby gave out earlier, I specifically disclaim Mr.Jacoby's
implication that he represented the Associations, if that is what he intended.
I specifically disclaim his representation of me as an individual. I fully
respect Mr. Jacoby's right and duty to speak out as a private citizen for
himself or anybody else who is authorizing him to speak for them, however I
think it is an unfortunate implication that other associations have authorized
Mr. Jacoby when this is not the case.
Thank you very much.
MR. Sandy McNaughton: My name is Sandy McNaughton, I reside at 3660
Bougainvillea. I represent the Florida Earth Society and I would like to
members of the commission that I am very much in support of rolling back
the zoning code to R-3. I feel that most of the people that have come before
me have presented to you a very clear reason why this is imperative for Coconut
Grove and I feel that unless we do this, there are going to be repercussions
to the earth here in Coconut Grove, so I want to thank you.
Mayor Ferre: Next speaker please.
Mr. Joseph Flemming: My name is Joseph Z. Flemming, I am an attorney
along with Parker Thompson, I represent plaintiffs in the case described
as the Gardner case pending in the circuit court involving this matter.
Parker Thompson could not be here but the litigation that we have bought
does not relate to the issue before you, assuming the outcome in that litigation
pro or con, the question still remains. There is an island here and at some time
there will be proposals for certain types of development if the litigation which
we are involved in, to be successful. There were a denial of certain permits
and a finding of public nusiance. Ultimately the commission would still have
to consider any new attempts to develop the land. You have an occasion now
when you have a clean slate. The people before that seem to be complaining
today are involved in litigation. They would basically claim to be grandfathered
in under the old+permits if they are successful in court. But the question here
is you have had planning studies, you have had recommendations from your own
experts, and you do have the right sitting as a commission or you wouldn't be
here today in the first place to make decision which affect the public health
and safety of the city. The record is complete with respect to the need to take
action, and therefore we would recommend that the recommendations before you
be basically approved today since the record is so full of the public nusiance
factors, the traffic problems, the height problems, which would be advantageous
to correct this point.
I would like to state that since we have been involved in numerous
proceedings it is quite possible that after the developer make a presentation
there may be some questions and if I could reserve a minute for rebuttal, just
as to some legal question, I would like to do so at this time,
Mayor Ferre; You certainly have that right.
Mr, Flemming; At that point I would like to return when the developer
completes its presentation.
Thank you,
Mayor Ferre; Next speaker,
6 _ APR 221976
Mayor Ferre There are not other speaker remaining?
Mrs J,`B. Hires: Mr. Mayor, Mrs. Gordon and ::embers of the commission,
my name is J.B. Hires, I reside at 2705 Biota in Coconut Grove, t at here to
repeat some of the things that have been said today that you gentlemen have
been presented with the very outstanding presentation by your board and by
your department suggesting a turnback to R-3 consisting of expettq who researched
that report'and brought back before you, and may I please ask you as the gentleman
before me did, to seriously consider your expert's report and do not turn that
report down, but go along with them, and if, let's get a new department. I
think what I have to say here can best be summed up, before that I want to let
you know that I have been a citizen of Florida since 1912 and I have seen a great
many things happen in the City of Miami. My father before me, I think woke up
after the 1925 boom with land running out of his ears, which he sold for taxes.
In my own case I today have a first Mortgage on some land out at 117th Avenue
which I'll general make an even money bet that I am some day going to get that
land back because it has been sold once since I bought to second owners, and
it is going*to be necessary, --T got all the money the land is worth, probably
more than it is worth. But they have to build a highrise apartment on all that
land out there to pay the returns such as these gentlemen want on Fair Isle.
I think what I want to say too, is best being summed up by a book that is just
coming off the press and the heading in the magazine is 'thedeflowering of
the Florida boom.' The title of the book, 'the Florida experience, land and
water policy in a growth state:' by Luther J. Carter. Among things that he brought
out, we have heard said here before, is what one of our visitors to Miami said
in January 1951. In Miami we found everything we sought. The waters were pure
the air free of mans contamination, the fishing great, the life jolly and un
hurried, Key Biscayne was a wild coconut plantation inhabtied by raccoons, we
could stroll through hardwood hammocks teaming with wildlife, in those days
the tourist season was December to March, the rest of the year most of the
hotels closed and the town belonged to the natives. It was one great place to
live but the drum beats were busy, soon hotels and motels marched up and down
the beaches and one day we took a good look around and suddenly we knew we
had kissed the good life goodbye. As you look at Miami Beach today you see
what we have over there, and when you hear the tear jerking appeal that
Ralph Rennick made last night about building a new million dollar Miami Beach.
I think it is ridiculous they allowed to happen what has happened on Miami
Beach and my own impression would be, just let them stew in their own juice
or their own errors they have made and not saddle the taxpayers of this country
with the tremendous debt to build a beach on Miami Beach. I hope you gentlemen
will consider the same thing in connection with Fair Island. Let's don't kill
the goose that laid the golden egg, not only ruin our community but such things
as we have from time to time are going to ruin MIami. I think we all have got
to agree, it has been said many times, that tourist business is our real salvation
and we are killing the goose that laid the golden egg, and not making it attractive
for people to come here and visit us and leave their money here. God only knows
our natural resources will not support the number of people that are. planned,
---the number of developments that are planned, to fill all the acerage in Dade
County. We do not have the water and other natural resources to provide for them.
In closing I just want to quote one thing here from this book and I hope
you gentlemen will get this book and read it. As one reads on, it seems as the
worst is over and Florida has finally come to terms with own sense of place, and
then we learn of another outbreak of what should perhaps be called, the booster -
crusher spirit. It remains to be seen whether the citizens of Florida are ready
to repudiate the ill-choosen words of Lyndon Johnson spoke in 1964 at a combination
ground breaking and barbecue for the Florida cross state canal,'God was good
to this country but in his wisdom the Creator left same things for man to
do themselves. The challenge of a modern society is to make the resources useful.'
You all know how ridiculous that cross -state canal was and you know how ridiculous
some of the things that have been going on in Miami and DaderCounty, and I know
you all read the happenings of the economic society, if you read the transcripts
of the talks that have been given by real estate editor of the Miami Herald,
Mr. Kendall, he has told us many time we are in trouble and are headed for more
deep trouble, Last week we had a talk at the Economic Society by Mr. Hunter Moss
'and he gave a very inspiring talk but one gave us a that we were on our
way to recovery, and let's not kid ourselves, I hope you gentlemen won't make the
same mistake and that you will roll back this zoning to I1-3 as recommended by
your expert department.
Thank you very much,
66
APR 22197
Mayor Terre: Next speaker.
Mr. Wayne Allen: Mr. Mayor and members of the COinmiasion, thy haste is
Wayne Allen, I reside at 2222 S.W. 27th Terrace A. I am appearing this
afternoon as a director of the Tigertail Association and in my personal
representation as a resident of Coconut Grove. I would like to make clear
that in both capacities any statements which I have authorized ate only
those I am going to make to you now. I am an attorney, and as an attorney
I guess I take a legal view of this whole proceeding. In viewing what the
powers which the commission has to zone in the public health and welfare,
I would like to comment on the evidence, substantial evidence which you
have before to consider making that decision. That substantial evidence
is that which has been stated to you by the people here but over and above
that the substantial evidence which was developed in the planning study for
Coconut Grove, which was developed by a group put together by your planning
department, a broad range of interest in the Grove. Over 10 groups were
represented in developing this planning study. It is a very comprehensive
document but it represents many hours, many evenings, a great deal of time
and effort on residents of the grove and effort on the part of your planning
department to determine what is in the public interest, what is the public
health welfare and safety required in this matter to be safeguarded by your
zoning decision. That recommendation that comes to you with the approval of
your zoning board is to rezone Fair Isle to R-3. I strongly urge on that
basis that you do so.
Thank you.
Mayor Ferre: All right, Mr. Calhoun.
Mr. Mike Calhoun: Mr. Mayor I am Mike Calhoun, 3029 Brickell Avenue,
I would like to reserve a moment or two at the next go -round if possible.
I would state now I am in favor of the roll -back to R-3 and I think there
has been ample evidence presented especially in the last 6 months to show
that there could be lower density built on Fair Island which would create
more jobs, could be built quicker, there is a bigger market for it, and it
actually raises the value of the land and no one has ever been able to prove
that statement to be wrong and that is what I would like to speak to.
Thank you sir.
Mayor Ferre: Mike, let me ask you a question. You brought me, in my
opinion, a quite beautiful drawing of what I thought made an awful lot of
common sense for development on that island, and I pass that on to several
people who I value, have good judgement and they all concur.
Mr. Calhoun: We had a lot of experts concur with the basic principle
of it.
Mayor Ferre: I don't have it with me, and I don't remember how many
units was proposed in that?
Mr. Calhoun: First 500, then it was reduced to 300 at the suggestion of
the neighbors.
Mayor Ferre: When Charles Fawley was the architect, who designed that
first, it was a lot more than 500 units.
Mr. Calhoun: No, sir, it was 500 and then we met with the neighborhood
groups, and they suggested they might go along with 300. They did not
endorce the plan but they all were in unanimous agreement.
Mayor Ferre:Of course in R-3 there would 500 units permitted.
Mr. Calhoun: Yes, sir it has been a proven fact that this proposal
that my wife designed and came up with could work almost under any zoning
because as was mentioned before, even if you roll it back to R-1 sooe one
is going to come in with a plan. I believe a former speaker presented that
will be subject to the approval of this commission, almost anything you have
to build there. And we will have the endorsement of the entire neighborhood.
Thank you.
Mr, Plummer; Mike, come back here, Are you making a proposal to buy
67
APR 221976
Fair Isle? Or to develop Fair Isle?
Mr, Calhoun: No, sir, I am in favor of tolling it bact to It-3.
Mr, Plummer: I saw something it the newspaper, a proposal that you and
your wife,-- -I think, a rendering,
Mr. Calhoun: That was a proposal to try to settle this matter because
we came up with some astounding figures. This was a dream of my wife's and
when they put down on paper I took it to a lot of experts in the business,
in fact world renouned experts, and they all agree that the numbers actually
made this land more valuable for something the neighborhood would accept and
lower density, --it is a European village is what it is.
Mr. Plummer: To answer my question, the answer is no. You do not plan
on developing this island.
Mr. Calhoun: No, sir we merely presented this plan for whoever wanted
to buy it.
Mayor Ferre: Just as a comment, I wish you had found somebody who could
have bought the island and come up with that and we would have had the thing
solved.
Mr. Calhoun: I think there are those around so, once these matters are
settled.
Mayor Ferr: Okay, next speaker. Are there any other speakers in the
proponent side? Oh, I didn't see you, I apologize.Okay.
Ms. Eleanor MIller: My name is Eleanor Miller, I reside at 3551 Crystal
View Court. I am very pleased to have the opportunity to address my elected
representatives. I have great faith in the system, surprisingly enough at
times. I think we all feel that way at times.
I want to speak in three capacities. First of all as a private citizen
in the Coconut Grove area with an R-1 zoning, and who made an implied contract
with the City of Miami for a continued R-1 neighborhood. I also have an implied
contract with my city and my government for services of a certain quality, that
should give me clean air, clean water, disposal of solid waste, access to roads
off my street, to just a few. I would like to speak also as an involved member
of the community who has spent thousands of hours in consideration of planning
for Dade County, as a member of the task force for the land use master plan.
In that capacity I learned that the cost of providing services escalates as
the numbers to who those services have to be provided for, increases. It doesn't
seem very logical, you would think that with great numbers and quantities of
people, costs would go down. This is not true. I have also served on a task
force for planning for downtown Miami. My third role, that I:speak for, (I
blush somewhat to say that I speak,my femminist friends will blush for me)
as the wife of a responsible general contractor who sits on a county board
which monitors and regulates construction, licenses and practices, so the
public is protected and that the industry is kept honest also. That is all
I have to say, I am obviously for the roll back. I hope that there will be
people here, who have worked very hard with the Coconut Grove master plan.
I haven't heard anyone speak for them and I know there were hundreds of people
involved who put in thousands of hours in a plan that is meant to provide vision
for this community. We had some quotations before. Let me add one more. It is
a biblical quotation, --'where there is no vision, the people perish.'
Mayor Ferre: Thank you very much. Now, the opponents will be recognized.
If the clerk will tell me the cumulative tune has been so far,
Mr. Southern, City Clerk: Fifty-eight minutes, ----
Mayor Ferre: There are eight of you who want to speak, so try to keep
it to three minutes if you can. I know it is going to be difficult, I will not
go beyond 58 minutes,8o distribute your time however you will,Try to keep it
as short as possible.
Mr, Jack Lowell: Mr, Mayor and members of the Commission, my name is Jack
Lowell, 1 reside at 3828 Wood Avenue, in Coconut Grove, I am here representing
68 APR 2 21976
the owners of fair Isie, Cabot, Cabot, and Forbes Land Trust of 'Boston, and
Hospital Mortgage Group of Miami, 'Both trusts have representatives hers today.
You have previously sent some materials for background on Fair Isle. I would
like to give the package, the sate package you have received, to the Clerk
so it will be a tatter of public record at this time.
Our purpose today, is to demonstrate that a change in zoning as recom-
mended for Fair Isle is inappropriate. We have a long presentation by a number
of professionals to demonstrate the inaccuracies in•!the Planning Study for
Coconut Grove, to demonstrate the effect an R-3 zoning might have on this
island. It is my pleasure at this time to introduce Mr. Gordon Emerson, the
managing trustee of Cabot, Cabot and Forbes Land Trust. Mr. Emerson is former
senior vice president for John Handcock Mutual Life Insurance company, he is
presently the trsutee of Diversified Mortgage Investors, Massachusetts Trust
with offices in Coral Gables.
Mr, Gordon E. Emerson: Mr. Mayor, members of the Commission; ladies and
gentlemen, my name is Gordon E. Emerson Jr. and I live on L tr;s Wharf in
Boston, Massachusetts. I am here in my capacity of managing trustee of the
Cabot Cabot and Forbes Land Trust, the beneficial owner of Fair Isle, one
of the beneficial owners of Fair Isle. The land trust is a publicly owned
real estate investment trust with thousands of shareholders throughout the
United States. The discussion we are having here today is of great importance
and your decision is one of great importance to our trust. In addition to be
a trustee of this trust, I am associated with a real estate development firm
called Cabot, Cabot and Forbes which is nationally recognized as a sensitive
and responsible real estate developer and a corporate good citizen of all of
the areas of our activities which are national in scope. As an individual, I
am accutely aware of the position that this commission finds itself in passing
judgement on such an important issue. I am currently an appointed official of
the Commonwealth of Massachusetts, and have to sit in similar roles from time
to time, and am also former chairman of a planning board in a seacoast community
in New England.
As a trustee of other perople's money, we face the loss of substantial sums
of money and I must in all conscience seek to recover as much of our shareholders'
as is possible. I recognize we have a loss. It is my duty to do this as a fiduciary.
On the other hand, I am reluctant, in fact, I am unwilling to behave in a manner
other than that of a responsible and sensitive good citizen. We want to be good
neighbors and we plan to be good corporate citizens. Recognizing both our position
as a fiduciary and our desire to be a good corporate citizen, with our trustee's
approval and with the approval of our financial partner, the Hospital Mortgage
of Miami, we have authorized Mr. Bob Traurig to lay before you a legal position
which I am sure you recognize we cannot waive or throw away, and also remind you
of certain important considerations and then after that, have Bob Traurig present
some compromises that we hope will serve to reconcile the interest of the several
parties that are represented here. We sincerely hope that when all is said and done
that the new community on Fair Isle is one that all of can be truly proud of.
Thank you for the opportunity of speaking with you.
Mayor Ferre: All right, Mr. Traurig.
Mr. Bob Traurig: My name is Bob Traurig, I am an attorney with offices
at 1401 Brickell. I want to concur with what Ellie Miller said. Her husband
is a good builder. He built my house in 1956 and it is terrific. I also have
to concur with what she said about the matter of the R-1 zoning because what
she said is that the city made an implied contract to keep her zoning R-1 and
I think it did. And I think it made an implied contract to keep our zoning R-5,
but I am not going to belabor that issue. At any rate, I believe that everyone
who has approached the microphones today, as Ellie, has spoken sincerely and
honorably and is very concerned about the best interest of the City of Miami,
And I know that the presentation which Mr. Luft made, which was as usual
brilliant, and I heard him very articulately before the Planning Advisory
Board explain with cogent reasons the rationale of the Planning Department
of the City of Miami and know that if I had the privilege to serve in your
capacity and the responsibility to balance the public interest against the
private rights and interests as you must do today, and if I had heard that
articulate , cogent presentation of Mr. Luft to all these people, and if I
were then asked to consider whether or not you should premit development on
this island with 2,000 units and unlimited height and an FAR of 2.2, I wouldn't
hisitate long in sayin no, Obviously that would be bad and that would impose
a very substantial burden on the community's intra-structure and it would impose
APR 2 2 1976
very great service requirements on the city and would Offend the neighbors,
But that is not what you are being asked to consider today. The issue before
you today is not whether or not to zone this property RCS, the issue before
you today is whether or not land which was zoned R=4 or R-5 for highrise
development since 1934, and when the city has issued building permits for
development on that land and when in reliance on those building permits the
owners have invested millions of dollars including development funds and when
the owners in good faith are now as Mr. Emerson told you willing to reduce
the density of that land below what R-3 permits, by restrictive covenants, to
only 40% of what the maximum would be under R-5, whether in good conscience
and equitably, and all good fairness, you could change what we propose and
that is, a density limitation which give to you just what everyone has been
asking ;.au for, but what would give to us the ability to design something which
would be better for the community.
Let me talk for just a bit about the history of the zoning on this island.
I said to you we have been either R-4 or R-5 since 1934. That was your first
zoning ordinance. This island was formed back in 1924 frog soil bank and it
was incorporated into the city at the same time the town of Silver Bluff was
annexed by the city in 1925, and in 1934 when that first zoning ordinance was
passed this property was zoned R-4 and when the second zoning ordinance was
passed in 1937 it continued to be zoned R-4 and then in 1957 there was a new
ordinance which established development criteria in the R-4 district. Then for
the first time they put a height limitation on this island and that was 13 stories
with an F.A.R. of 2 and lot ^n•;erage of 30%, and a minimum dwelling unit size of
only 400 sq. ft. and they could have built hundreds of more units than what we
propose. Then in 1961 the present Comprehensive Zoning Ordinance was passed
and that changed the zoning from R-4 to R-5 but it retained the development
criteria. Until 1966 at which time this commission, or the predecessors of you,
made one change, and that was you got rid of the height limitation and it has
remained thus ever since. And therefore by way of summary from 1934 through 1957
there was unrestricted height, from 1957 to 1966 there was a height limitation of
13 stories, from 1966 to now it was unrestricted. As far as the zoning classification
it was alway R-4 or R-5. And we have never sought to change the zoning on this
island but there was a effort to do that and that was in 1968. And the Planning
Board in 1968 heard this matter, and I don't want to belabor this issue, but I
would like you to know that 3 of you either served on the Planning Board or the
City Commission at that time, and Iwould like you to know some of the things
---some of the reactions which you had, at the time of that hearing, or those
hearings, on page 51 of the transcript, Mrs. Gordon said, ----
Mayor Ferre: What was this?
Mr. Traurig: This was in 1968 when she served on the Planning Board
and she heard the application to roll back Fair Isle, and I don't want to
embarrass her but I would like to remind her that she has sat in that chair
before but in a different capacity and maybe some things have changed and
I don't want her to think that she can't change her mind between 1968 and 1976
but we would like you to know that in 1968 Mrs. Gordon did say I would like to
put into the record also that the fact is, as all of us know, it is a great
hardship to have something taken away from us and enter into agreements as has
been done by several people here, to purchase property and buy property and keep
it for future development and then have it taken away. It is unfair and unrealistic
and therefore I would be in objection to that and on that basis I would state
my reason for opposing it. I don't know any human being more honorable than Mrs.
Gordon and I would not want her to think that I have asked her to consider that
this binds her to a 1968 position.
When that matter was finally decided by the Planning Board unanimously
and sent to the City Commission, and the city Commission denied it unanimously,
on page 7 of that transcript Mr, Mayor, I would for you to know that these are
some of the things which you said. At thet time you were a City Commissioner.
You said if I were here in 1960 when this thing was changed I would have voted
no.
Mayor Ferre: Wait, in 1960 I was not around.When did 'say this?
Mr. Traurig: 1968, when you were much younger, What you said basically
was, you really can't take away what people have relied upon, 1 am not going
to belabor that issue,
But has happened since 1968? First of all, let's go back a little bit.
We buii.t the bridge in 1961, based on permits which were issued in 1958, then
70 APR 22 1976
starting in 1970 a lot of things happened. Federal permits were issued for
the following. a dredging, filling and bulkheading permit was issued in January
1970, work commenced and was completed on April 7,1972, A bridge permit was
issued in September 1970 and the work was completed in April 1972. The
powet cable was permitted in September 1970 and work was completed in
October 1970, And what did the City do? Now those were federal permits.
The city, as a result of numerous, in suits and a moratorium ordinance
and after the writ of mandamus was issued by Judge Balaban, issued two
permits. It issued a permit on October 18, 1972 for Towers 1 and 2, and
a permit on March 20, 1973 for towers 3 and 4. and the result of those
permits was that in good faith, and investment of many millions of dollars,
in foundation work and piling, and rough -in electric and additions to the
bridge and the seawall and the dredging and filling, all took place. I would
like you to know as a corollary matter, that just on March 19 of this year,
Judge Friedman who once sat as a municipal judge for this city entered an
order upholding the board of rules and appeals in saying that that building
permit, or those building permits were valid. And just the :y before yesterday
Judge Friedman denied the city's petition for rehearing on those permit cases
and has said that those permits are valid and those permits permit what Mr.
Luft was talking about, around 1,000 units plus 200 hotel rooms, or around
1200 total units. And I want you to know we don't want 1200 units, notwith-
standing what the courts are saying to us right now, and we will voluntarily
proffer restrictive covenants and I am sure you will ask you city attorney
about the legal efficacy of t`:nse restrictive covenants and I have some
cases to tell you that those restrictive covenants particularly in cases
where moratoriums were involved, have been ruled upon by the courts as being
valid and binding upon the proponent of the restrictive covenant.
What rights do we have? I think we have a package of vested rights.I
think we have as equitable estoppel, I don't think theCity can do legally
what it proposes to do, but I am not going to belabor that issue because I
think that each of you has received from Mr. Gold in my office a document,
a letter which talks about vested rights and equitable estoppel. And I would
like to call your attention to a few paragraphs there. It says that the vested
rights doctrine precludes a zone change or amendment from being effective
or enforcable as against the property owner who has legally engaged in or who
has obtained a permit for a certain use authorized under the regulations and
who has substantially altered his position in reliance thereon. Basically that
is the guts of our argument on equitable estoppel and vested rights. We came to
you at a time we had zoning, we bought a building permit, we spent a lot of money,
and we think we have a right to build on that island. I think Mr. Emerson was
right. We have to act as corporate good citizens and we have to build responsively
and we have to be responsive to the concerns of very nice people who live on the
mainland side, and I think we are going to do that today. But despite all that,
why are we here? We are here because there is a Coconut Grove study, that says
that this property ought to be rolled back from R-5 to R-3. And I think that when
we finish today you will say to yourselves R-5 is a heck of better than R-3, if
R-5 is controlled properly.
But listen to what you said in the Coconut Grove study. It says that the
R-5 zoning on Fair Isle, this is on page 10 of the study, is.in direct conflict
with the use character and scale of the single family neighborhood that Mrs
Miller talked about with and severely burdens the capacity of streets, parks
schools and sewer systems. I don't want to get involved in whether it overloads
the capacity of the schools because we are talking about private schools, public
schools and if we had the kind of units we envision on the island and having
received documentation from the Dade County public school system, we are convinced
that we are not going to impact the schools. And we are convinced that you have
a nicer system of parks in Coconut Grove than in any other part of Dade County.
And furthermore we are going to have oasite recreational facilities which
will amply provide for the citizens of the island. And as to the sewer system
and this was dealt in at very great length, and some of Mr. Luft's presentation
the sewer system was said to be inadequate if we built to our maximum density.
I would like you to know the real story on the sanitary sewer system. The sanitary
sewer lines have been installed to our property line at the lot at the entrance
to the bridge. The lines have been sized for a population on Fair Isle of 5,000
people. Crystal Bluff pump station which is pump station No. 65 has two pumps,
both are rated to pump between 150 and 800 gallons per minute depending on dis-
charge pressure, and one pump serves as a backup pump, At the present time that
one pump is operating for 3 minutes every hour, or approximately 5% of capacity.
If we built 800 units on Chia island which we hope we can do, if we had three
persons per unit we would have 2400 people and that population would produce
71 APR 2 21976
approximately 100 gallons a minute of sewage waste which then would be 13%
of the maximum capacity for one pump or 72% of the fnininum capacity that
that system provides. So we don't have a sewage problem That is one of the
things that the Coconut Grove study said was the rationale for rolling back
the zoning. There is a traffic problem. I think anybody who has ever driven
on Bayshore Drive knows there is a traffic problem, but we didn't cause it.
And we are not going to contribute substantially to it. It is a traffic problem
which is a regional problem and I am going to come to that in just a minute, but
the other things he said were out of character with the neighborhood.Are we out
of character with the Chateau Elizabeth or the 1600 Building, or Mercy hospital?
Aren't we as much related physically and geographically with those complexes as
we are with any other? And I would like you to look at the picture which I
think each of has received but if you haven't I will distribute to you and
shows our island and its relationship with those other facilities in the area.
I would like you to know also, ---here are additional copies of the photographs,
when we talk about special relationships, and the proximi.:y of our project to
some other project, that the archdiocese for the office of the community service
applied for an FHA housing for the elderly project just a few months ago for
238 people, called Immaculata Towers, which would have a 14 story building on
the Mercy Hospital complex, and you are asking us to relate to our neighbors,
and we suggest to you, that those are our neighbors.
Let's get back to traffic because I think that that is the issue that
really bothers so many peonic. It has been said that we will have traffic
generation of 6,000 vehicles and that that traffic genration with certain
rates of entering into the mainstream along Bayshore would compound the problem
which is already unbearable.
I would like you to know that we won't have 6,000 vehicle trips, that
you have in your kits a traffic impact study prepared by Wilbur Smith and
Associates which has done studies for this city and county, in which they
tell you that we will have 2200 traffic movements off the island and in which
they don't say that we are going to have the kind of easterly flow which Mr.
Luft indicates, we are going to have much less, and I commend that study to
your attention because amoung other things that study points out very very
clearly that the R-5 development creates less traffic than the R-3 because the
R-5 type unit is a larger unit, if we get the FAR which we hope we will get,
if has a different type of occupant who has different work hours, and there-
fore impacts the streets differently than the R-3 resident, most of whom would
go to work during the peak hours and return during the peak hours. So we ask
you to consider whether or not, after you have had an opportunity to think about
these traffic figures, its reasonable to have R-3 or R-5 because R-3 might be
worse. It should be noted of course that this is a regional street, that the
traffic that Mr. Luft described does come from south of the Grove and will
come from Cocoplum, and will come from the south end of the Gables and south
of that, it will be impacted when the city expands its facilities here on
Dinner Key including the marina facilities and you are asking us to bear the
burden of the traffic situation on Bayshore Drive, when we have had R-5 or
R-4 zoning since 1934, when properties along Bayshore and throughout the Grove
have been rezoned since then', and when the impacting comes without one single
unit, of our traffic now entering Bayshore, we think that will be a little bit
unfair. I would like you to know what the figures are on that R-3 vs R-5.
Mayor Ferre: Excuse me. Mr. Traurig, how are we doing with the time?
Mr. Southern: They have 32 minutes left.
Mr. Traurig: I think it was proposed to you that because of traffic
we should have a 500 unit, R-3 limitation, andl am telling you, that the
external trips that that would generate would be 2667 trips per day in the
peak hour, in the R-3 would 11% and that would be 293 vehicle trips out
of Bayshore . Bacause of the different population profile under the R-5,
if we had 800 units and we had a little over 2200 car trips per day, the peak
hour,in the R-5 should be around 8%, would generate 177 car trips, That is
below the 200 which he said was the kind of peak thst should be permitted on
the island, So the R-5 would be better than the R-3.
1 would like you to know also that it was said in the Coconut Grove
study on page 21, in any project of this size, particularly one that staged
over a period of several years, the possibility exists that development plans
may change. It is conceivable that additional uses or intensities beyond those
now proposed, may be requested at a later date, All of this would be possible
72 APR 221976
under R-5, true, unless we gave you a legally restrictive covenant which We
ate willing to do which says we will limit the density to 800 units, never
exceed it, will litlit the FAR to 1.75, will limit the height to 25 stories.
That is 40% of the density now permitted it R-5. It is 80% of the FAR and
is a substantial reduction in permissible height, and tot only that if you
compare it to what the building permits presently issued, which were ruled
on by Judge Friedman as being valid would provide, that provides a density
of 1200 vs. our 800, provides a FAR of 2.2 vs. our 1.75, and it provides a
height of 40 stories rather than our 25. Then the study goes on to relate
that if the R-3 were approved, it would generate less than 1000 units. But
we only want 800. We don't want R-3. R-3 doesn't say 500 units as Mr. tuft
said. We do want a viable project. We can achieve it with the heights in the
FAR we talked about, and we are telling you that that covenant will be enforcable
and now so you can get that visual effect of the difference between R-3 and R-5
I would like to ask Mr. Bill Ziegler and Mr. Thurston Hatcher to address you for
a moment to show you my models what we are talking about because the rest of
this is rhetoric. This is what we are talking about.
Mayor Ferre: What are you pointing at?
(inaudible)
Mayor Ferre: Well, you have to let these people make their presentation
and I'll recognize you later cn. F.A.R. is floor area ratio, the ratio between
the floor area and the lot size.
Mr. William C. Ziegler: Mr. Mayor and ladies and gentlemen of the
commission, I am William C. Ziegler, architect with the firm of Hatcher,
Ziegler, Gunn and Associates and reside at 11740 S.W. 70th Avenue, Miami,Florida.
The first model I want to show you is one built to the present R-3 maximum
zoning. It is two-story with parking underneath. This is R-3 maximum, it has
a F.A.R. of .6, the number of units 916, the allowable units is 989, consists
of efficienciesand one -bedroom apartments, the present R-3 zoning for this piece
of property would be 989.'
Mayor Ferre: Why
are they using 500 around here?
Mr. Traurig: 500 is not the R-3 limit
close to 1000 units.
Mr. Plummer: 989 is pretty close to a
or wrong?
Mr. Acton: He is right if he is liber
as it pertains to density.
Mayor Ferre: Mr. Acton you and I went
abour 4 or 5 years ago. Remember that time
ation. The R-3 limitation would permit
thousand. Mr. Acton, is he right
ally interpreting the R-3 ordinance
through one of these exercises
with all the little models?
Mr. Acton: Right.
Mayor Ferre:I am going to remind you of that later on.
Mr. Plummer: You say liberally, what about conservatively.
Mr, Acton: What I am saying is that the R--3 ordinance does allow about
45 units an acre, if you multiply that time 20 you come up with 900,------
that is based on efficiency sized apartments.
Mr, Plummer: This is possibly correct?
Mr, Acton: That is correct if they are going to build units of 450 sq. ft.
per unit.
Mr, Zielger; Parking on this particular project is 1430 cars. The open
ground area 183,200 sq, ft. In summary this model complies completely with the
present maximum R-3 zoning.
Mr. Plummer; het me understand,what you are saying, if we do what the
planning department has recommended, this is the possible configuration that
73 APR 221975
could be built on that island, if we do what they recommend.
Mr. Ziegler: Not going With what they ate recotmending, I at saying
what is the R-3 zoning now.
Mr. Plummer: I thought I spoke pretty good English. What I am saying
is, that under the present rolll.back proposal from R-5 to R-3 this is what
could be legally built there by whoever the owner is?
Mt. Ziegler: Yes, sir.
Mr. Plummer: Okay.
Mr. Ziegler: The second model shown is a seven -building, ten -story '
modified concept R-5 concept. This has a same floor area ratio as we are
proposing, the number of units is 840, the parking required is 1470, the
open ground area is 168,000 sq. ft. The thought of this model is simply that
the reduced height of 10 stories, but we do have the same :=Loor area ratio as
a proposed model.
This present model is a model of the present building permit designed
without part of the recreation and parking decks shown. It consists of two
36 stories and and two 40 stories. Floor area ratio is 2.2, the number of
units is 1149, the parking is 2,031, the open ground area at grade was 163,853.
The rendering and the model is the reduced tower height model and the present
proposed plan of four 25 :stc-r towers. The floor area ratio is 1.75. The number
of units if 770, parking is 1389 cars.
Mr. Plummer: May I suggest you turn that photograph towards the isle,
so everybody in the audience can see it. We can still see it up here. That
is fine.
Mr. Ziegler: Open ground area at grade is 289,820. Thank you.
Mr. Thurston Hatcher: Mr. Mayor and members of the commission, my name
is Thurston Hatcher, architect and I live at 9301 SW 60th Court. I would like to
talk a little about the planning aspects of these three plans, and discuss them
very briefly.
As I am sure you realize, good planning is not a factor of any one thing.
It isn't one thing over another. When you do one thing, you affect others, and
it is very comprehensive and very complex. It is a building in itself, it is
the relationship of buildings. It is the space that is created between the
buildings. The spacial development that is created by the relationship of the
buildings. It is the open ground, and amenities, the vistas and etc. and all of
these things come into play and each of these has to be considered as you
approach the plan. If you look at this first one, which is completely and
every respect what could be built under R-3 zoning and tihich is the direction
that a developer would most likely have to take under this zoning in order to
get the density he would need to get. You see very little open ground. It is
a terribly monotonous plan, there are no open vistas for the people who live
there, and insofar as the barrier, the actual blocking of the view around the
island, it provides the absolute maximum from every direction you look at and
for any person other than someone with a bird's-eye view of the island, their
view around it would be completely blocked off. I think it is a miserable plan,
and frankly I think our R-3 zoning has produced some of the poorest concepts
we have in the city of Miami. I think it is the poorest zoning category we have,
aad it makes possible somethin as miserable as this is, and I certainly couldn't
in good conscience recommend that something of this type be done now.
The second model which you see, begins to open up the vista somewhat,
and it does have a little bit more open ground, but it creates a very formidable
wall to the mainland and anybody looking at either of the ends off the mainland,
absolutely have a solid wall. I don't consider it a good solution at all, but it
does show as was proposed by some, what would happen if you took this other concept
and made it into 10 story buildings. That is a way to go, but as a planner, I
couldn't recommend it. I don't think it is a good solution at all.
We come to the 3rd solution, the 25 story buildings, which provides 72%
more open ground, Not only does it have more open ground than the middle solution,
the second one, but it also has it more consentrated and more in useable places,
which is terribly important. You can meet the code and get these little patches
of ground to comply, and be called open ground, but are they useable and are they
significant enough to really relieve the project and make it something that is
a viable environment to the people who live there. So you can see, you begin to
74 APR 22197
get patches of ground on the 3rd solution, and you begin to open it up. You
don't have solid walls there. You can see through it from every direction.
Yes, you do have height, but here you had not achieved the advantages. You
have the aspect of height, but none of the advantages of it, In the 3rd solution
we have taken the height and used it. We have opened up with it, Not only for
people inside but for peopel outside, And in all good conscience, as a planner
who has to face planning all the time, there is no question but what that is
the superior of the three plans. I hope you would consider something of this type.
It is a miserable solution. I honestly believe that moat architects and planners
if asked to choose between these three approaches, there would be no question as
to which one they would choose. It would be the 3rd solution.
Thank you.
Mr. Plummer: The Mayor had to make a phone call, what we ought to do is
take brake and not go back, so he doesn't miss anything.
Mrs. Gordon: That is all right if you will give us an accounting of
how much time the opponents have .
Mr. Southern: They have 18 minutes more.
Mrs. Gordon: We will take a 5 minute break until the Mayor gets back.
Mr. Traurig: Obviously it needn't be said for the record that Mr. Hatcher
has served this community well, not only the City of Miami but the architectural
community. Speaking of architects, just so the record would reflect it. On
July 20, 1972, at a prior hearing involving Fair Isle, the subject of height
came up. It is very obvious when you look at the two story model, that you say
we have to have height in order to improve the profile. The question is then,
how much height. I would like to quote from Lester Pancoast on page 58 of the
hearing of July 20, 1972 in which he said,'as an architect and designer, I have
always worked toward taller buildings instead of continuous low ones' and I find
myself in that position now, frankly. If I were living opposite the project I would
prefer four tall slender buildings, to two great fat ones. Even if the taller
buildings were much higher. This is an honest answer. Could one expect anything
different from Mr Pancoast. To your question and a difficult one to make because
my sentiments are obviously with the people in this room. And it is these
people, and he was then referring to 40 story buildings. These buildings that
Mr. Hatcher has described would be 25 stories.
Obviously they would have a more beneficial visual effect by designing
to what we hope you will accept and that is this declaration of restrictive
covenants. We would have a larger FAR,that would generate larger apartments,
more ad valorem taxes, and a residential group whose traffic habits would be
more favorable to the Bayshore Drive traffic flow than with the R-3. Furthermore,
if we have the facilities on the island that the R-5 permits, and that the R-3
doesn't permit that would be the beauty parlor, and the little service grocery
and some dining facilities and etc. Obviously then it would keep traffic on the
island rather than let it go to the mainland and impact the Bayahore Drive
traffic. I intended to talk about the PAB meeting but you have been very courteous
and I don't want to belabor this issue. Therefore I would like to talk for a
moment about these restrictive covenants. I would like to submit the original
which was executed by the Southeast First National Bank of Miami as trustee,
to the Clerk and submit additional copies, ----those restrictive covenants say
what I told you, that we are limiting the height to the 25 stories, that we
are limiting the FAR to a designated number which comes out to 1.75 and we
are limiting the density to 800 units. But interestingly enough, we have made
an application to Mr. Ferencik for revised building permits for this model, and
we haven't even asked for that much. We h:ven't asked for one 1.75, we asked
for 1.67. We didn't ask for 800 units, we asked for under 800 units, That goes
again to our creditability and to our good faith. We don't intend to impact
this community. The objectives obviously are to reduce density, increase unit
sizes through the FAR and open up the sight through the height. We do achieve
these to our advantage and to the community's advantage by the 25 story model.
Anything other than that, with those densities, would create a development that
this community would some day in the future abhor, and 1 think it is the responsibility
of this commission to honor good design, and honor good planning, And if the objective
is to keep the density under 1000, then certainly under 800, qualifies. We have offered
those restrictive covenants in a spirit of compromise with the community and the
APR'' 1976
neighbors, and as an act of good faith, We would ask you, Mr. Mayor before
I summarize to advise us if these models, and the photon and the rendering,
the restrictive covenants can be Considered in records for the purposes
of the record of this hearing, and we submit them for that purpose.
Mayor Ferre: Let the record so reflect. And they become the property
of the city of Miami, as part of the minutes.
Mr. Traurig: Therefore I think having succesfully answered the Coconut
Grove Study and demonstrated to you that R-5 with the restrictions would
create a much better development on the island than the R-3, which would
permit close to 1000 units. We ask that you deny the application for R-3
and we ask you to go beyond that and to direct the City Attorney not to
appeal the circuit court decision of Judge Friedman and to authorize Mr.
Ferencik and the building department to approve the amended permit to reduce
the density, not to the 800 units but to the 770 units and to permit the change
in general contractor to the Robert L. Turchin Company. 4.E. previously by letter
requested this of Mr. Ferencik who has advised us that he would defer action
pending specific advice from the City Attorney who I presume needs specific
direction from this commission. What benefit would accrue to the city if you
pursued further appeals in the prosecution of that building permit case.
If the city won in the appeals court, but if you approve the R-5 with these
restrictive covenants, obviously we go out and get new permits, and we could
build this. If we won in thr appeals court because of the city pursuing this
action, obviously we would be in a position to build the 1200 units. We don't
want to. We will let those restrictive covenants bind us as a demonstration
of our good faith. We are not holding a club to anybody's head saying we are
going to ultimately win the 1200 and then we are going to fight you and try
to get the 1200 units. The record will reflect my words that we are limited
to those restrictive covenants, notwithstanding the outcome of the litigation.
But hasn't the city really won? Ponder that. The litigation has resulted in our
submitted to you and to the community, a compromise solution which the community
wanted. You won't get the 1200,--you won't get that major club, you won't get
the 2.2 FAR, you won't get 40 stories in height. And therefore the City has
really won, in that building permit case. We ask you to recognize those vested
rights, in the fact that that creates a better city for the people of Miami.
Thank you.
Mayor Ferre: How many people remain that want to be heard? There will
be time on rebuttal. I just saw Mrs. Calhoun raise her hand. So that will
get the clock going on both sides. How much time have we got left at this
segment?
Mr. Southern: Nine minutes left.
Mayor Ferre: All right, who are the ones that want to speak, 9 minutes
left, those of you 'on Mr. Traurig's side, the landowner's side, who wants
to speak? You have 9 minutes,I would be grateful if you would hold it to
3 minutes and permit others to speak.
Mr. Plummer: Mr. Mayor before he speaks, Mr. Traurig, do you have an
additional copy of the Wilbur Smith, ----I would like for you to surrender
that to the Clerk. If you don't have one with you, I would like for you to
get one and surrender it to him as part of the record.
Mr. Souther, City Clerk: I have one.
Mayor Ferre: Is that in relationship to the traffic study?
Mr. Plummer: Correct.
Mr. Traurig: When I asked about the various exhibits being entered into
evidence, I really had intended in addition all of those things that had been
previously submitted by letter to the Clerk and to members of this commission,
He is an extra copy Mr, Plummer.
Mayor Ferre; He already has one,
Mr, Plummer:•And I also would ask of Mr, Dean, Jimmy, --do you have an
extra copy of this?
76
APR 221976
Mr, Miner Shears: My name is Mihat Shears, I 'represent 40,000etnbets
of the Miami Building trades council, my only interest in this issue is jobs,
which I don't think that we have to elaborate too much on how many people are
out of jobs, in Mlami and Dade County, In the building trades we have better
than 50% of our members unemployed, I have to take issue with a member of the
Planning Advisory Board, first I can say that I notice that the vote on this
issue was 4 to 3, so apparently it is not as bad as it may sound, But for the
traffic situation I can remember back a few years ago, I was closely associated
with the developers of Point East, They built somewhere around 1400 units in that
area, not much bigger than the area of Fair Isle, There is one entrance and one
exit to that place and I lived at Point East for a couple of years, I have yet
to see more than three cars waiting to get out into Biscayne Blvd. I am surprised
that there are not more people here from the Coconut Grove area because traditionally
when a project of this size is proposed, you ususally have 15 times this many people
turn out to oppose it, which again makes me believe this development is not too
bad for the community. I would believe that the mistake maybe, that the developer
made was by not unveiling these models from the start. As c. ratter of fact I heard
somebody in the group from Coconut Grove comment that it really is not as bad as
it looks. I think anybody in here would have to agree that if you had a choice
between these three developments, it wouldn't take a too smart a person to decide
that by far the one on the end was much better. It seems like a comparison with
some of the little developments around Hialeah, and other parts of the county
where this type of buildings are built, comparing that area with the Brickell
Avenue area, Brickell Avenue has been developed more on the type of buildings
that this developer is proposing, and so many times, I know that all of us
have heard comments about the skyline, the buildings on Brickell create, and
especially coming into the city from Biscayne and Virginia Key. But again I'll
say my big interest, and main interest in this development,is for jobs for
people, which to me, and I may not be alone in my thinking, is a most important
issue facing Dade County today, so with that Mr. Mayor and members of the com-
mission, I would respectfully request that you seriously consider turning down
this zoning change.
Thank you.
Mayor Ferre: We have 5 minutes left. Any other speaker? Mr. Sokolsky.
Mr. Sokolsky: Mr. Mayor and members of the commission, I own the
Coconut Grove Hotel which is located within approximately 6 blocks of the
proposed building site. I have been active in Miami in the construction business
for the last 18 years and some of our zoning codes are definitely a penalty
on the more innovative type of builders, and I have often wondered why this
city could not go to something like the Houston plan where a building stands
on its merits. But nevertheless if you take a look at the 20 acres involved in
this project and the capabilities of building 800 units, that number of units
cannot be denied under R-3 or R-5. It has been the conceptual premise of almost
every great designer, including Doxiadis, which the city hired,
whom I had the great privilege to work with years ago, and several other
land planners, such as Edward D. Stone, to create what we call green areas.
In order to create green areas, to give foliage a chance to survive, to give
the plants and trees a place to live with the people, you cannot crowd one
concrete block against another. Mr. Shears has made a very good reference
to what happened in Hialeah, and what happened at Quail Ridge and Pine Ridge,
and Stone's Throw, all good names, these projects, were all put on by what
I would call pseudo -developers, people who were in for a quick kill, as you
well know Mr. Mayor in the real estate business. Not capable of giving thought
or time of planning the project, but to do it the cheapest way possible, which
is two-story construction, and to sell them as fast as they can turn them out.
You can see the cranes flying and the dust gathering on the project because
people do not wish to purchase. This property today is in what I would call
strong hands and if strong hands are offering this city, and this community,
800 units, I think we should take advantage of making strong hands live up to
their commitments.
Mayor Ferre; How much time do we have left?
Mr, Southern; About a minute and a half.
Mr, Bill Oliver; Mr,Mayor and members of the commission, lam not going
to say a lot and I represent the carpenters union and we are definitely involved
in an economic depression in the construction industry and we badly need jobs.
77
APR 2 21976
It looks to me like the commission has before them today an Opportunity to
take the best of two worlds. You have a design before you Which t don't think
there is any doubt that the design as planned by the builder is superior to
What can be built under other zoning conditions and if you accept their recotfl
mendations of letting them proceed with this project now, you can put hundreds
of construction workers to work who really need work. And I have heard today
of several cases of people talking about the welfare of the community. I submit
to you that construction workers who live in this town are'part of the community
also. And there is a responsibility to that segment of the community as well
as the developer and the people who live along Bayshore Drive. So I would hope
your decision would be to go along with the request of the developer to turn
down this rezoning request, approve their building and hope that they start
it MOnday morning.
Mayor Ferre: I assume there are no other speakers on this side now.
For the second round. Mr. Arthur Patton.
Mr. Arthur Patton: Mr. Mayor and lady and gentlemen of the commission,
the opening remarks that I made were relative to planning, and what I consider
to be the importance of good planning consideration at this meeting. Now my
rebuttal remarks have got to be of necessity directed to the comments made to
you here by the applicants for these building permits. I am not going to be as
nice in my rebuttal as I was in my original remarks because some of the state-
ments made here I think deserve refuting. We have heard here a number of things
from the proponents of these buildings on Fair Isle. A major factor being from
Mr. Traurig that they have had this zoning for all of these years, they have
had these vested rights to do this and do that for all of these years, further-
more you have heard a great deal of discussion in a very subtle matter here,
also from Mr. Traurig to the effect that this city can well expect litigation,
law suits and etc. from our good neighbors the developers, if you don't give
them what they want. That was really the gist of those remarks. Let me say
this about Bob Traurig. Bob Traurig in my estimation is the best zoning lawyer
in Dade County. I know because I listened to him as a Metro commissioner for
12 years, and if Bob Traurig had gotten through every zoning application that
he ever presented to the Metro Commission, this county would be covered with
highrise development from Coconut Grove to the county line and back again
five time over. I will give him the greatest credit in the world as being
the most enthuiastic, most capable and the most articulate zoning for a price
in Dade County. Just that simple. That is his business, that is what he gets
paid for and you had better believe that is what he is down here for today.
AS far as the vested rights of these people are concerned, let me point out
a little past history. Why have these development not taken place? 'If this
property has been zoned all this time, for these developments, why hasn't
it taken place? For very good reasons. The first applications submitted to
this city of Miami in the 60's and approved by your building department was
not the current plan you have before you now, but rather two 28 story structures.
That permit laid fallow for two years approximately at which time the permit
lapsed, nothing was done on it. Those buildings could have been built, but that
permit didn't go through because they got two 28 story buildings and they figured
if they got that through, in spite of all of the objections, then why not go for
more under this zoning. So what was the next thing we heard from the development
group? The same inherited ownership that is before you here today, approximately
two years later, not 2 twenty-eight story buildings but now 4 forty story buildings.
Mr. Hatcher is probably one of the best and knowledgeable architects in this
community. Again I respect Mr. Hatcher's professionalism, he is an extremely
good architect. Mr. Hatcher was before this very city commission just a few
years ago attempting to justif' esthetically for our benefit as neighbors in
this community, why 4 forty story buildings were better, going to have lower
density than 2 twenty-eight story buildings. And the same arthitect presenting
these plans to you today was here just a few years ago telling you then why
4 forty story buildings were the best possible development for this property.
I assume possibly Mr, Hatcher was the architect originally for the 2 twenty-eight
story buildings which at that time he felt was the best use of the property,
1 might point out that all of this neighborly good relationship from our
good friends the developers from Boston, is not quite as neighborly as you may
think. Mr, Lowell who is here today, I assume I may have been one of the first
members of this community after the demise financially of Mr, Burton Goldberg,
the former developer, MR. Lowell called me from his Boston office. He asked if
could make an appoi.ntunt with me to discuss the future of Fair Isle, I willingly
granted that appointment, 1 looked forward to meeting the new owners, he flew
APR 221976
into town, met with tie and we spent one solid mortitg ott this subject. The last
remarks he made to ma, which were the sate remarks he had repeated to one at
least four times during that meeting, was the effect that nothing would be done
on Fair tale without full disclosure to this community, to the personally and to
all parties concerned so we could enter into a period of cooperative relationship
between all factors involved here and they didn't want any tore bad relationships
with the community and they would do everything in their power to keep us completely
advised at to everything that was going on. I'll say to you this day, that 1 have
never seen nor spoken to Mr. Lowell again until the ?AB hearings in this same room
some months ago, at which time that development group advised me, and for your
information, t was advised that they had already, two weeks prior to the time
that PAB hearing was to be held, had already come in with a third set of plans,
now 4 twenty-five story buildings, why do you think they applied for 4 twenty-five
story structures? For one very simple reason. That if this city commission didn't
give them that permit within a reasonable period of time under the grandfather
provisions of the zoning as it existed, they intended to sue you. That is exactly
what Mr. Traurig has been saying to you in a subtle way all during their presentation.
Now if we want to talk about suits, there are three lawyers that I know of in
this room standing here, representing people in the community and in the
neighborhood who are going to do the same thing so if Mr. Traurig is threating
suit there are three more here, and they can speak for themselves. We are not
here threatening you with anything. We are here saying to you, please do not
consider the matters which have been presented to you by this applicant as
the important factors in the deter:iination of the planning of the City of
Miami. I agree with these fellows who are here with hard hats. They are out of
jobs but our function in this meeting today is to look to this community 15,20
or 30 years from now, and I hope for heaven's sake we don't get stampeded into
making judgements here tonight predicated on what is going to be good for our
children or what is going to be bad for them in this community based upon this
type of reasoning.
Now, the simple fact of it is that the previous developer of this property
who Cabot, Cabot and Forbes has inherited the property from, went financially
busted. That is the problem they have got, and it is a problem. That developer
played around with several sets of plans until the final time of accounting
to put the money up, to go through with this development and it fell flat on
its face. They foreclosed on it, and they inherited it. Now I can say this
to you, and I don't think I am saying anything here which anyone can't check
and confirm. The very develpment firm which is before you here today has also
got fanancial problems and serious financial problems. This project is not a
matter to recoup money. This project is to pump new money in to a real estate
investment trust in Boston Mass. that needs every dime they can get because
they are in financial difficulty. That is not to speak badly about them because
most of the real estate investment trusts in the entire nation are in trouble,
including my industry, the insurance industry. But I hope again, that in order
to make a profit to keep Cabot, Cabot and Forbes going in Boston, we are not
going to use this planning hearing before the City Commission to do it. Gentlemen,
what I am saying to you, and Mrs. Gordon, is that we are not hear listening from
our good neighbors. There has been nothing said by this proponent or this development
which has smacked of anything than bail us out. And Idon't think it is the function
of our city government to bail out anybody for any reason other than the concern
and the consideration of what is to the best interest of the citizenry of the
city of Miami.
Thank you.
Mayor Ferre: Now many minutes was that.
Mr. Tingley: Nine,
Mr. Mike Calhoun; Mr. Mayor, I am Mike Calhoun, 3829 Brickefl Avenue.
There are not three models, there are four models. There is a model here
that has already been presented publicly. There it is. That can very easily
be built on to R-3 or less, with changes. And there it is. Now this model for
500 units which has been reduced to 3 can very easily fit, Which this does not
show, There is a base under this. How high is it from the water Level up to here
before you even get to the 25 story building. That to not shown on model three,.
There hie to be a baps under there. You can't get all the parking before 2$
story buildings in one or two stories, So there is the base, It Is silly to •
say that this to the only thing they can build on that island. They can build
any number of variations, like this or a lot of other variations. AS a utter
of fact, more Jobe would be crested teeter as we proved with this project without
79 APR 2'4 1976
even going to other projects. More jobs could be created faster by building
to the existing market. Why build highrises that ate laying empty and vacant
all up and down Brickell Avenue. It would be silly to load Fair tale up with
highrises just for economic purposes. That is the very teasoft they don't exist
there now. And you have had It-5 zoning for over 20 years on the thing. Mt. Mayor
that is not a valid argument. The only argument in this thing is to roll the
density baek and get something over there. We all want something there. No one
In this group or any other group to my knowledge has ever said they doti't want
anything there. That motion is passed long time ago, There was• one time
a movement to buy Fair isle as a park. All the cities went broke in the counties,
and everybody, so there wasn't any money around for that. Then everybody is
agreed that there should be something built there, and I submit to you, sir,
based on the knowledge of the real estate industry, in this community now, which
is in dire need of construction, we could go there and build something nice on
that island right now. They could do it under their present zoning. I submit
to you there are other models, and if this two-story model here is only two stories
high, people would only be looking at two stories on that, whereas this model
here that they show does not show the elevation underneath t 25 story buildings
and with this proposed plan, is only 90 ft. high at the highest for 500 units. It
could be cut back much lower than that for 300 units. And the market is there
for this type of unit.
Mr. Mayor one other quick thing. In the restrictive covenants, I would like
to speak to that, having been in the real estate business and dealing with these
matters for some 28 to 30 years. Everyone in the real estate business, and I an
sure everyone in this room, realizes, and I was told this as a county commission
by the county attorney and other attorneys, that you really can't rely on restric-
tive covenants, even if they are voluntary. The reason is we all know, is common
practice in this community to go buy a Brickell reverter for 25 to 30 dollars.
A Brickell reverter is a restrictive covenant to put in there to prohibit the
sale of alcoholic beverages on any property in pretty near this whole area.
There are certain attorneys in this community, even though supreme court has
ruled the thing invalid, every time you have a closing, somebody has to run
over to the Brickell heirs and for 25 or 30 dollars you have to get rid of this
Brickell reverter. Now, that in itself, I have been told, if they gave restrictive
covenants, they would build only this unit right here in my hand, 300 or 250, or
what have you, it really would not be legal, I have been told by experts. It is
a nice gesture but it just doesn't hold up.
Thank you.
Mayor Ferre: All right. Next speaker.
Mr. Joseph Flemming: This may be a case where government should engage in
a cover up. We suggest you put the sheets back on this project because it is
defective. Basically Mr. Traurig was quite concerned with the constitutional
issues and the vested rights. So I would like to say with respect to the taking
issue, the council on environmental quality has prepared an excellent book on
the taking issue which is available to attorneys, and after a definitive study
going back to English common law,,tracking the taking issue through our present
constitutional works, decisions, this book concludes that the taking issue is
more of a fear in terms of a problem than with respect to the actual court
decisions, and that where government acts to promote the best interest of the
prople, regulation is not a taking. With respect to the vested interests, if
the developer here has the vested interest with respect to permits it has, then
that matter can be resolved in the litigation involving those permits regardless
of whether the city continues its appeal which we submit it should continue.
There is a public nuisance litigation which is pending. So basically if your
decision here is based upon proper facts, you have the right to accept the
recommendation and contrary to what Mr. Traurig spent a lot of his time trying
to do, and overcome, your planning is basically proper. I say this because first
of all, let's take the master plan, There were some vague allusions which only
recognize that your plan does justify the type of action that you are being asked
to take.With respect to the school system, Mr. Traurig is not in the position to
say that the people that live in this type of a unit will not send their children
to the public schools, therefore there could be a public school problem.With
respect to the pictures, talking about the character. The Union representatives
have said that the project that has been proposed by the developer looks a little
like Arickell avenue. But the point is your studies show that in this community,
this isn't a Brickell Avenue character.Coconut Grove is a unique type of an area.
The pictires that the developer gave you, the pictures you have in front of you,
are pictures taken from the air, from the water, with respect to the character,
The point that was made in the study was the character wasn't the character as
so
APR 22 1976
seen by a bird or a fish, it was the character as seen by the residents of
this community. The ultimate commentary of the problem that the developer
has here is shown by the plan that it asks you to accept. Look at their
final proposal. It is not shaped itt terms of parallel structures Which would
let the people see through. It is shaped in the terms of a wall, a 'C'. And
the reason is even the people in the buildings don't want to look at the other
buildings. The developer knows this and that is why they made it itt a 'C'
so the people living in the structure won't have to look at their structure.
Which again shows that the character that they say is so great isn't even
so acceptable to the people they want to sell to . With respect to the Wilbur
Smith traffic study, that traffic study assumed that you could overcome problems
and it refers to boating, concepts, use of water transportation not in existence.
It ,.Iggests that you will bus in the people who work on the island from Mercy
Hospital but if people are wealthy and they live in these kind of units and
they hire maids and they don't want their maids bussed in, there is not way to
stop that. In addition it says these people are wealthy which I guess is supposed
to be based on the premise that wealthy people don't work,of if they do work they
work at different hours. But the point is if the wealthy pLlp1e working at different
hours get in their very wealthy cars and create a wealthy traffic jam, it is still
a traffic jam. When the people try to get on or off the island.
That doesn't say anything with regard to the people who might want to come
to the lovely sports facilities and restaurants on the island and see if it is
that good. With respect to the developers' representations, it is true that
Thurston Hatcher showed you the worst type of possible development that even
he didn't say, but if given tl-s limitation he couldn't come up with something
better. The point is, this first model is the worst, but no one is sayint it has
to be done. The last model which is presented just shows that there is a wall being
created here and the choices you have been given, the three choices are not the
only choices that will exist as I am sure architects and your own plannind department
can tell you. Lester Pancoast may have said he had rather look at one tall building
than two fat buildings, but that is not the choice here. And Lester Pancoast is
not here to support this project, so I don't think his name should be mentioned
in vaid, in a situation where he is not present. With respect to the jobs, the
main thing you have to realize is that this is not a case of trying to stop
development. There will be jobs for the union on the particular island, depending
upon how the construction company that builds is organized, but there will be jobs
for one project or another. The ultimate issue here is not keeping this without
development. There will be jobs, but the main thing is, Cabot, Cabot and Forbes
might have given you a covenant to develop a certain way, but Cabot, Cabor and
Forbes hasn't told you that it is going to go ahead, and it will development and
the covenants it may have given you, even if they were utilized aren't good as
seen by the 'C' shaped island. Moreover it is questionable as to whether they are
saying they are going to bind the property to people in the future. You have here
a recommendation for a change from your Planning Department. If you accept it,
there can be flexibility and I am sure your Planning Department can explain that
the three choices here are not the choices you have. Therefore you should grant
the application that has been made here with respect to the change in zoning.
The should appeal the circuit court decision with regard to zoning and the one
which is pending before Judge Friedman, recognizing that there are other cases
too, and finally you should give the project as proposed what it deserves, a
decent burial.
Thank you.
Mr. John R. Edwards, Sr.:Mr. Mayor and Commissioners,. this is hardly
a funny affair, especially at 4 minutes after 7,----
Mayor Ferre: And we have another one coming up, I understand is going
to take just as long.
Mr. Edwards: However there is one thing that strikes me very funny
and I had a hard time controlling myself when Mr. Thurston Hatcher was demonstra-
ting these models and describing them because all I could picture was knowing
his reputation, the pain he must have suffered cutting out and pasting together
all of those little two-story town houses, If must have caused him great pain.
It obviously ends up looking like an impacted Philadelphia row -house district,
of the old style and I am sure itdoesn't reflect the kind of imagination that
he would bring to an R-3 zoning, If this demonstration could be the product of
only one of two things, it is either the product of the delusion that many
people have found as a route to bankruptcy that volume necessarily makes for
profit, or on the other hand they propagate it as a diversion from what the
81
APR 2 21976
issue really is. I think that the gentlemen ftoft organized labor have a very
legitimate point they have raised today, and curiously enough it seeds to the
sitting at the moment on the sidelines that their interest and the developers
or the lender's interests are curiously compatible, because I think there is
a three-part problem here. The three questions, what will the co mission judge
to be in the interest of the total community long range, because you sit higher
than we do, you are are suppose to see farther. No. 2, what kind of a solution
will the neighbors sit still for that will call off the dogs and let the project
proceed free of litigation and No. 3 , what kind of a project will people put
equity into or will they make a construction loan for it. And it wouldn't be
this first project.
Thank you.
Mayor Ferre: I want to commend you for the great logic, and a very
controlled, non -emotional objectice approach of your words. They show great
wisdon and I thank you.
Mrs. Gloria Calhoun: Mr. Mayor and members of the Commission, I am Gloria
Calhoun, it takes great character to admit mistakes even in the community, and
I think not only in our own community, but in many communities all over this
country. People are looking at the quality of life and what they have to live
with and they are realizing their mistakes in zoning matters and the courts and
governmental bodies are ccurageously rolling back zoning everywhere. It stems
from a realization that in order to maintain a quality of life, we must protect
it.
Mr. Traurig mentioned something about the 1600 Building, Mercy Hospital
and the Chateau Elizabeth as examples of the type of neighborhood that they would
be moving into, the developers. And I think it also serves another very interesting
example and that is, what can happen to a residential area that is destroyed by
spot zoning. That was all residential at one time as I understand the zoning
in the past and when we broke the zoning there, it destroyed the area. Now
people have been wanting to move away, now we are encouraging multi -family
development there, and so we must hold tight against further inflicting damage
upon residential community. Mr. Traurig's statement that a different element
would inhabit an R-5 development is conjecture and not fact. I think it is
a matter of interpretation and the type of development that would be projected
for an area. And the issue of jobs has been mentioned. I don't want to be
redundant but I think the gentleman from the labor unions and the carpenters
union should realize that there are just as many jobs created from good developmer
-----development that will not harm the community as to bad development that will
destroyh it ultimately and the character the people want to maintain. Nobody wants
to take jobs away. We want to help create them, but let's create them for the
benifit of the community, not its destruction.
Mr. Sokolsky mention something about Mr. Doxiadis and how he was brought
to Miami to give his opinion on how development should take place. I read a
very interesting article that was brought out a couple of years ago. I wish I
had it before me, where Mr. Doxiadis claims now in retrospect that he was
wrong in advocating high-rise construction as much as he did. That psychologically
it is detrimental to many communities and many area. I think that is an interesting
point, a point that shows that sometime community welfare must be considered over
monetary value.
Unidentified person: Will you give us a copy of that article?
Mrs. Calhoun: I would be glad to. I saved it and framed it. Now as far
as the models go, I too an extremely disappointed, I have tremendous respect
for Mr. Hatcher. I consider him a friend and we differ but we differ respectfully,
but I do think the first two models are really an insult to your intelligence,
commissioners, and the intelligence of those people sitting here. Because, as it
was stated previously, they do represent the worst kind of development that could
be put under R-3 zoning. The first model, we don't have to worry about something
like this being put on Fair Isle, because here we are dealing with reputable
people. WE are not dealing with the kind of developer that would, 1 hate to
say the word, rape the area, It.would take a moran with no principles and
certainly no sense of design to create the first type of project. The second
one also is a manipulation of the wrong thing that could be put under this type
of zoning. Only a drop -out from architectural school would plan it that way
and iu all. fairness, Mr. Hatcher knows that, But this was made this way for
APR 221976
a reason. It was made to distort ones opinion of what can done under R-3.
Because with artistry and imagination, you can put the right thing under this.
I don't say it is perfect toning but it is better than 12=5 under the circumstances.
And Mr. Hatcher has a perfect right to his opinion, that tall buildings, highrises,
are better than low -profile. I don't deny him the right to his opinion but height
does not necessarily mean superiority. Height has its place. I definitely think so.
Like urban areas of downtown Miami, where highrises are appropriate. It can be
exciting and beautiful, but in a residential area, they are not appropriate. Think
of what a terrible precedent it would set for the whole shoreline south, if 25
story buildings ate allowed to be built on Fair Isle. It would be a foot in the
door for every person south who wants to put highrises, and it would certainly
be Miami Beach revisited. And in a village atmosphere, highrise buildings are not
in character. This point I think is a valid one, just as much as another viewpoint.
Mr. Traurig said that you can't take away what people have relied upon. I think
that is a very true statement and the people of Coconut Grove have relied upon
their rights as citizens, to expect protection from what bad zoning can do to
destroy a community. And we are counting you, members of the commission, to
uphold us in this effort to maintain qaulity and character cf Coconut Grove.
Thank you.
Mayor Ferre: All right, the next speaker. Mr. Jacoby?
Mr. Jacoby: I would like to make a 20 second request. I have the same
reservations to whether these models that have been presented to you are truly
representative. I would like to hear some commentary from the Planning Department.
MR. Luft has most of them, with the particulars on FAR and square footage in
apartment areas. Iwould like to hear comments from the City Planning Department
on the validity of these models and whether they truly represent the relative
values of these three zoning approaches.
Mayor Ferre: 0f course Mr. Luft would have to make a study of that,
but I am willing to recognize him for an opinion as long as we all recognize
it without going and measuring exactly the sizes. We have been through that
one before.
Mr. Acton: Mr. Mayor if I may answer the question of Mr. Jacoby, I was
going to ask Mr. Hatcher if he was comparing apples and oranges with these
models. Is Mr. Hatcher still here?
Unidentified person: Yes.
Mr. Acton: Much of what I was going to say has been said very capably
by the people that preceeded me and their criticism of what is portrayed as
to what could be done under the R-3 and under the existing R 5. My question
to Mr. Hatcher, through the Mayor is, whether or not the R-3 development is
an actual protrayal of the R-3, plus the FAR of .6, as allowed under R-3.
In other words, the maximum number of units that can be built under R-3 is
based on the efficiency apartment, which is 450 sq. ft. Does that model repre-
sent approximately 900 units of efficiency apartments for instance at a .6 FAR?
Mr. Hatcher: Mr. Ziegler has the exact statistics on it which he gave
earlier and I had rather let him answer that question. You can pin it down
to exact figures.
Mr. Ziegler: These models, this particular model was simply a block
form. The square footages were actually one and two bedroom. I think they
just considered a 600 sq. ft. which I think is the minimum for a one -bedroom,
and 400 sq. ft. minimum for an efficiency. We just took the floor area ratio
and came up with ------
Mr. Acton; You mean ,6 times the, ----
Mr, Ziegler: --that is right, .6 x the amount of area we have on the lot.
Mr. Acton; Did you come up with the number of units? For instance?
Mr, Hatcher: You divide that simply by your number of,------
Mr, Acton; How many units does that show?
Mr, Hatcher:'...-„916,
83
APR 221876
MR-- Acton:---20 acres tithes the maitithum of 48 units based on the
efficiency unit. Go to the second model, does that indicatewhat does
that indicate in tears of 103story height buildittga.
Mr. Ziegler: It simply indicated basically the height of a 10=story
structure, with the floor area ratio of R-5, not the R=3.
Mr. Acton: What we are showing is, in way, unfair in terms--
Mr. Ziegler: --simply from the fact that it is just the 10 story building.
Mr. Hatcher: Let me snake a point. I stated at the time, that was shown
for one reason only. Someone had suggested a 10-story height. We took precisely
what is in 25 story buildings and put it in 10 story. That is all it was shown
for, that is the way it was presented.
Mr. Acton: What is lacking then is the recommendation made by the
planning study for Coconut Grove which is a 500 units, no more than 500 units,
10 stories in height, with a maximum FAR of say around somewhere between .6
and 1.0, so that has not been shown.
Mr. Hatcher: It wasn't intended to be.
Mr. Acton: I just wanted to point out to the commission that to a certain
extent we are looking at apples and oranges. If you recall I did point out at
the very beginnings of my presentation the two issues at stake were density,
and scale and height relationship. Those were the issues, based upon our traffic
analysis, and our analysis of the impact that any building greater than 10 or
12 stories would have upon the adjacent area, that is how we arrived at our
recommendation. What has not been said, additionally, although we are recommending
R-3, in the study it also recommended R-3 PAD, Planned -area -development. So
what you are looking at is an example of an R-3 development on Fair Isle, is
an unfair representation of what our actual recommendation was. The R-3 zoning
classification on Fair Isle gives the City of Mlami the type of control it needs
to assure that the community, that the development on that island will be the type
that is in accord with the zoning study for Coconut Grove. The other point I wanted
Mr. Mayor and members of the commission, is the fact that we knew the developers
and owners were coming in with a covenant, restricting their development to an
intensity and height much greater than recommended by the Planning sutyd for
Coconut Grove. That is the reason we stuck to 500 units and 10 to 12 stories,
in height, realizing that if this zoning was rolled back to R-3, the developer
would have the opportunity under the planned area development ordinance to get
a proper development, certainly not shown by what you see before you in model
form, that would be acceptable to a developer that certainly is not going to
develop, an economical development on that island, the kind of development
that would be acceptable both to the owner of the property and to the mainland
residents plus the entire community.
Mayor Ferre: All right, any other questions? You want to expand on that
Jack?
Mr. Jack Luft: Mr. Mayor and members of the commission, I would like
to briefly respond to the issue of traffic and some of the figures that Mx.
Traurig gave you. I have not seen the study that was prepared by Wilbur Smith
and Associates, that illustrated as Mr. Traurig said, that the traffic generating
capacity of 800 big units is less than that of 500 small ones. I do know some of
the suppositions that went into that based upon the testimony at the Planning
Advisory Board. I worked with Mr. Joseph Rice in the past on the Downtown Study
and I have great regard.for his personal and professional integrity, however
I do take exceptions to some of his statistics. I quoted to you, a trip generation
factor of .55 per unit, per peak hour. rids is a factor that was derived first
from statistics provided by the National Institute of Traffic Engineers and
then later rechecked by the Department of Traffic and Transportation of Dade
county, checked against existing development in Dade County, developments
similar to those that were proposed for Fair Island and these figures were
validated, The supposition again was that large units Mould attract retirees
and people with second homes, and this would proportionately reduce the trip
generations. This was taken into account, to the statistics we have. The comment
was made that the flows would not be easterly in an 00/20 split, The testimony
at the PM was that it would be closer to 50/50, The critical point there was
that the 50/50 split was a general 24 hour split, not a peak hour count, We are
84 All 2 21976
assuming that people would go to the movies and the Grove . to the shops to
the Grove, but you don't go to the movies and the shops at 8 o'clock in the
morning; because they are not open.
The present split on Bayshore Drive is 90/10. I at being generous in
assuming 80/20. Dade department of traffic and transportation figures and
their analysis projected 77/23. So I am confident of that split.
These two factors are the critical factors, trip generation, and
directional split, and if they hold as I contend that they do; then in
fact Fair Isle at 800 units would generate the 375 odd trips that I projected
----the 1000 unit development would project the 440 trips. So I stand by those
figures. I have known Lester Pancoast for some time. I do feel compelled to
recall his statements, and I would encourage Mr. Traurig to look up the record
that the testimony at the C2-A hearings before this commission, as Mr. Pancoast
emphasized his support for a four-story height limit in downtown Coconut Grove,
in fact a height limit throughout Coconut Grove to preserve the character of
this community. I think that would suffice.
Mayor Ferre: Any other speakers at this time?
Mrs. Leaton: My name is Mrs. Leaton, I live in 3590 Crystal View Ct.
we own 1828 and 1826 S. Bayshore Lane. We moved from there because of the
island. Has it ever occured to you what happened in an emergency there?
A fire engine going over to Fair Island, another car could not pass on the
other side. It would be impcs'_hle to evacuate the island in an emergency.
Thank you.
Mayor Ferre: Next speaker, this is on the proponent side then we are
going to get to the opponent side.
Mr. Joseph T. Calay: My name is Joseph T. Calay, I live at 2985 Aviation
Avenue. I am a registered engineer in the State of Florida , and a resident
of Coconut Grove. What you have seen here today is summed in the words of
my 10-year-old son, who was standing up in the balcony and I asked him
'Robert, what to you think of those plans?' and he said I don't like them.
10 years old, he knows more than the experts.
Mayor Ferre: Was he speaking about all three of them?
Mr. Calay:--all three of them. He said this one is all covered up, that
one is all covered up and the other one you can't see through. He is 10 years
old. Now what are we talking about here today. Let's be very careful. Mr.
Reboso knows and I am sure Mr. Ferre knows, what happened in Cuba, ---
Mayor Ferre: I am sure what happened in Cuba,is not limited to just
the knowledge of Mr. Reboso, because he is from Cuba, or I, because I speak
Spanish.
Mr. Calay: Let's think about it for a minute, because when the government
said as the people demanded, let us take the large 'fincas'and divide it among
ourselves, the government took the land. They denied individuals the right to
their property. My son is 10 years old. He will be brought up in the Christian
demoncratic practices. Those are very fundamental. One, each person is an
individual and has rights. It is most important that we realize how serious
a thing we are talking about. We are not talking about tall buildings, or
low buildings. I said to Mr. Lowell the first time I met him, I said sir, if
you want to develop Fair Island, it is very simple. You develop it in step
construction, you put a lot of greenery on it, you make it look like a mountain,
and it will fly through like a greased pig. We will not have the Chinese wall,
or the Boston wall. But let us remember for our own good, for the good of the
public, if we deny this development and we do in fact cause this developer
damages that so my son will feel secure when he buys a single family residence
the government doesn't take it and roll it back to agricultural use. Everyone
here would be in the same position. You, you and you, we all have a home, and
all the goverment has to do would come in and roll it back to M. One home
every 5 acres, or roll it back to agricultural, just when we are going to build
a home on it, right where it has been zoned Rel for forty years. Let us think
about those when we vote on this issue,
Thant you,
85 APR 221976
Mt, Plummet: I ain lost, are you speaking for or against,
Mt, Calay: I am for it, 1 think we should reduce the monsttotity,
shall we call it the Boston wall,
Mr, Plummer: I am speaking to the issue of rolling back in zoning.
Mr, Calay: Yes, we should roll back the zoning, but when we do, ---
Mr. glummer:_ ---your comments, Z am asking for an interpretation.
Mr. Calay: When we roll back the zoning for our good, let us bear
the same responsibility and protect the rights of this corporation who
is nothing but a group of individuals tinder one name, so that this time,
20 years from now, when my son is in the same position I am in, that the
government in the interest of the general public will not do the same thing
to him, and not treat him fairly and compensate him a loss if he has a loss.
Mr. Plummer: What you are saying is, you are in favor of this, but
you think they should be compensated for the roll back.
Mr. Calay: I think their interest should be protected like every
individuals' interest should be protected.
Mr. Plummer: Now I understand.
Mayor Ferre: No other speakers on this side? How much time have we rolled
up?
Mr. Tingley: Forty-eight and three quarters for the group that just
spoke and on the side of Cabot,Cabot, they have 13 minutes left.
Mayor Ferre: Now wait a minutes, you lost me.
Mr. Tingley: They didn't use 13 minutes of their original 58.
Mayor Ferre: Oh, they didn't use 13 minutes of what was Left? I think
with 48 minutes, shouldn't that be enough? You don't have•.t0 settle for 10,
you've got 48 minutes, so you go ahead, and you that want to answer the
rebuttal, this is your chance to rebut the rebuttals.
Mr. Art Patten: We would simply like to express to you, on the commission
under the very difficult circumstances you had to work with this afternoon.
We would like to express to you our heartfelt thanks for your courtesy, and
your attentiveness to both sides during this hearing and I am sure I speak
for the other side too, in simply saying to you, you have a most difficult
job and we appreciate the time and attention you have given us.
Mayor Ferre: Art I want to thank you for those kind words. It very
seldom happen around here that anybody ever thanks you. 0f course, it takes
one to know one, Mike knows and you know, and you fellows went through it
for many years, and I want to tell you on behalf of everybody here that we
are certainly happy that somebody notices it once in a while, even if it is
many months in between.
All right Mr. Hatcher.
Mr. Hatcher: For the record I would like to correct one mistatement
made by Mr. Patten regarding our action here several years ago, He stated
that we were here to request permission for four forty -story buildings,
after having come in previously with two t?,irty story buildings. The situation
at that time was that we had a variance on four forty -story buildings, on a
proposal, which enabled us to cover the parking and my entire presentation
that day was to attempt to keep the cover over that parking so it would not
be exposed to everybody's view. That was the only reason we were here. The
four forty -story towers were in complete compliance with the zoning that
existed on the property, There was no variance, no request, no exception,
that is why were here. Today I would request the same thing on any project
1 was doing, I would like to comment on Mrs. Calhoun's comments regarding
the solution in the first plan and Mr, Acton's too, 1 admitted, and stated,
that 1 _felt it was a miserable solution, and 1 certainly would not put my name
86 APR 221976
on it, I wouldn't be patty to it in any way, But I want to point out the
fact that we have heard again and again that this is not what is going to
happen, economically or for whatever reason, This isn't gong to happen,
All I want to do is point out that this is the zoning that is being proposed
and under that zoning that can happen, and we don't know what will happen. t
very likely would not be the architect for it, WE don't know who the architect
will be, we know very little about it. We simply know that would be the zoning
on the property, and that is what could happen. What actually will happen, only
time will tell, The potential for something miserable is there, regarding
Mr. Flemings' comments I would like to comment, that it would be an act of
kindness if he would once consider that there are other people who have
integrity too.
Thank you.
Mr.Traurig: Gentlemen, I have something less than 48 minutes. If you
have been hearing this since 1968, and you have heard it ad nauseam and there
is no need for us to say very much, because you heard it all time and time again.
A lot of people have gotten emotional here. Those are honorable people. Honorable
people often disagree so what we have to do at this time is to determine what
are the community's objectives with regard to this parcel of property. I would
like you to know that we are not threatening litigation as was suggested. WE
have been involved litigation. We have been defending it ever since we got
involved in this island. We haven't been prosecuting it. We have been involved
in the building permit case and the nuisance and the legality of the federal
building and dredge permits etc. but always on the defensive. We would like
now to build on this island. S' we submitted to you some restrictive covenants.
It has been questioned by others as to whether or not those restrictive covenants
are in fact binding upon us. I would like to call your attention and the City
Attorney's attention Walberg vs. Metropolitan Dade County, 1974, 296,-----509
the 3rd District court approved the procedure of filing such a restrictive
covenant with a governmental body as a means of avoiding a roll -back to a
lesser density. Right on point. In that case it was claimed that the county's
resolution denying rezoning was invalid because it constituted contract zoning.
The court said a rule which would forbid owners from announcing concessions
to the public interest in any proceeding before a zoning authority would not
be in the best interest of the public. That is a case out of our 3rd District
right here. Why are we here? We are here because it is in the best interests of the
community, to reduce the density on this island. And the issue before us is how
to achieve it. We all agree to reduce the density on this island. The city sought
to accomplish that by suggesting that R-3 was the way to do it. What they were
saying is, let's go to R-3 because we guarantee 1000 units. A planning study
for Coconut Grove, page 20, that the department further recognizes that the
1000 dwelling units anticipated on Fair Isle can be expected to accomodate etc.
They go on to talk about 1000 units, then they add at the very end the recommended
R-3 zoning which permits on the average, it say 40 dwelling units per acre, and
it is really 48, would guarantee the development of this 20 acre island would
be less than presently anticipated development of a thousand dwelling units.
They are talking about this, if I am reading it correctly, 40 times 20, I
think they meant 48 times 20, but if it is 40 times 20, they are saying let's
be sure we get 800 units. And I am telling you, you are looking in model No.3
at 770 units, and that is what we have applied for the revised building on.
Should we have the R-3,---let me find out what Mr. Luft says about R-3.
He said on February 18, 1976, two months ago. Are you ready Mr. Luft? These
are your words. Now the department went on record both in the report and the
public hearings, as stating that the R-3 district, while it severely controlled
any modifications that might occur in the development of the island, should the
building permit that was on file not be followed, that we did have some reservations
from a professional planning standpoint, as to whether or not R-3 would completely
suit our purposes for trying to provide the highest quality development of the
best nature, By best nature I mean the proper sightings, scale relationships
use of the property open space and what have you.
What did Mr. Acton say about it? Mr. Acton in talking about R-3 said
so our response to the Board was that we are not entirely sure that R--3 is the
correct zoning although we concur this was in the roll -back, this was in the
Planning Study for Coconut Grove in 1974. So our response to the Board was that
we are not entirely sure that R-3 is the correct zoning, although we concur
that additional consideration should be given to the rezoning or roll beck on
that so we can achieve the community objectives of being able to have some
visual penetration etc,
Where do you get more visual penetration? In the R-3 at the end. Here is
the bridge. (inaudible) ---.-or this type of visual penetration which could
be achieved by the higher buildings. So we suggest to you, that if we submit
87
APR 221976
to you binding restrictive covenant$, you have accotplished the 800 units,
you have accomplished the open space, you have accomplished the visual pene-
tratiot, and you have accomplished what we think based on the report from the
Wilbur Stith Associate±, is a reduction during peak hours, of the off=island
traffic► The issue really boils down to Whether we what that one or this one.
This is what we propose. And that is what we could have.
I don't think there is much question that the 25 story solution is in
the best interest of the community, We hope you concur.
Thank you.
Mayor Ferret I assume there are no further speakers after that,and
with that we come to a conclusion on the public portion of this and Mr.
Luft, you are part of the administration, we have been at this for four
hours now.
Mr. Luft: Mr. Andrews asked me to make a comment.
Mayor Ferret YOu go ahead and make it,
Mr. Luft: I was going to ask Mr. Traurig to help me.
Mayor Ferre: Mr. Traurig, would you help Mr. Luft?
Mr. Traurig: Yes. Now, we have just almost magically tranformed an R-3
to an R-5. Except for one thing.
Mayor Ferre: Tell me again how you did that.
Mr. Traurig: All right, I am going to tell you how you do this. There
is a site plan. R-5 permits two-story buildings covering 30% of the site, same
as R-3. Their restrictive covenant says they will no go greater than 26. stories.
But they could go two stories. All you would have to do to that model is put
5 more floors on each one of those buildings and you have got yourself an R-5
development. That is all you have to do. We will make those larger units.
Mayor Ferre: What he is saying is, that this restrictive covenant
would permit under R-5 the construction of that project. In addition you
could add, 3 or 5 floors to each of those building and still live within
an R-5. That is what he is saying.
Mr. Plummer: I understand what you are saying.
Mayor Ferre: What he is saying is, all these models and things we
always get before us, are sometimes misleading. There are a lot of other
things that have been discussed here over the last four and a half hours,
that we have to consider besides the models. I don't know how the rest
of this commission feels, but I don't vote looking on models.
Do you have to Mr. Sokolsky?
Mr. Sokolsky: Yes, ----
Mayor Ferre: You have to, all right. Once you get up and talk
it opens the doors for others to be able to do that and we are going to
be here for another hour.
Mr. Sokolsky; The only reason I want to say something, .I am not involved,
so that is No, 1, but this is a very valuable piece of Dade county, City of MIami
real estate, I heard Mr. Calhoun, they have one of the best zoning lawyers and
we have two of the best Metro commissioners here. Maurice, you can be assured of
one thing, and I think it is good to stand back and see this thing. The issue
in front of the commission is, R-3 or R-5, they have offered you a covenant.
Under R-3 that can be built. It is a valuable piece of land, Under P.-3 it will
be built, There may be some innovations but I don't think much can be done. And
they will sell under R-3 , and what we are going to have is a barracks and
that is exactly what it looks like. The thing I came down to this commission
meeting for today, was to say that I was for what the proposed plan of 25
stories and against roll back the zoning, The thing we are losing sight of
what everybody is talking about, we are losing the sight of the forrest for
the trees, --'-do it this way, do it that way,c---it can be done that way; And
if 1 know developers, and I know this company Cabot and Forbes, or any other
of the IART's, when they do spin it out, ambody will. pick it up, and somebody
88 APR 221976
will do it that way, and the whole co nunity is going to cream And they
have Offered us something good and I think we ought to take it.
Mayor Ferre: If anybody wants to rebut that I will recognize you and
that will be the last statement for rebuttal,
Mr. Patten: I would like to say Mr. Mayor you have notices that
when I mentioned I said he was one of the best architects in toxin, and I
also said that Mr. Traurig was one of the best zoning lawyers in town although
I disagreed with. I would like to also identify Mr. Sokolsky who just stood
before you. Mr. Sokolsky does own that hotel across the street, but Mr. Sokolsky
happens to have also another claim to fame. Mr. Sokolsky is a developer who tore
the Coral Gables building code to pieces, sued the City of Coral Gables, busted
out all their height limitations, and their density requirements and built the
David William Hotel after years of litigation against the City of Coral Gables.
And Al Sokolsky is one of the best developers in Dade County.
Mr. Sokolsky: That is not true. t have a right to defend myself. I would
like this audience to know something. NO. 1 is I would like to tell him that
I did not tear the City of Coral Gables apart. That I applied for a building
permit under the existing laws of the City of Coral Gables and that I did not
have one variance under the existinglaws of the City of Coral Gables, that height
in the City of Coral Gables code was a discretionary thing unto the Commission
and that the commission granted me a 12 story building in those days, then they
changed the commission and it was voted out and I did fight it, and I did win
it, but I didn't tear them apart. They tore me apart. I waited three years to
do it. I am telling you right now, I heard Mr. Patton say all those doggone
buildings on Brickell Avenue with empty apartment, show me one foreclosure
on Brickell Avenue. Show me one foreclosure in this end of the county. You
show it to me Art.
Mrs. Gloria Calhoun: Mr. Mayor I want to ask a question. A statement
Mr. Sokolsky made confuses me. He said whan Cabot Cabot and Forbes spin
this thing off, does that mean that Cabot Cabot and Forbes do not intend
to build here?
Mayor Ferre: Mr. Sokolsky doesn't represent Cabot Cabot and Forbes, and
they can speak forthemselves. Mr. Sokolsky with all due respects to you, sir
I am not going to recognize you anymore if you have any differences with Arthur
Patten, or vice versa.
At this time the public portion of these deliberations have ended and
now we can get on with the serious business of this community. I will recognize
any of the commissioners to either make question or motions.
Mr. Plummer: I have some questions. In the first question, I think I
know the answer, but I want somebody to back it up, and I am going to ask
George Acton. He has always been fair before. George, it has been alluded
to here, ---you know I have lived with this project for the 8 years I have
been in public service, 6 on this commission and 2 on the Zoning Board. One
of the first decision I made was that on the zoning board in 1968. The com-
ments I have made in the past, somebody has either misunderstood me, or I am
not very clear. George, will you tell me, if you can approximately, taking
this piece of property, if whoever the owner is, presently, or was a year ago,
or 5 years ago, if they bought that piece of property zoned as R-3, rather
.14 than R-5, can you give me an idea of what possibly the coat would have been?
Can you say that it would be a significant difference between the two,
mm Mr. Acton: I really can't answer the question. I wouldn't want to venture
an answer to the question withou some research on it. What I am saying, it is
for the public record, and I don't want to stand up here and make a statement
that I would not be sure about without some research and facts to back it up.
Obviously, we all know that R-3 property would ordinarily sell for less than
R-5. That statement we can make.
Mayor Ferre; Let me rephrase the question, if I may Mr, Plummer. Let
me ask you this Mr, Acton, I think what Mr. Plummer is trying to $et to, if
I can interpret, and excuse me for interferring here, I think what he is trying
to get to is a question of just valuation, Let me rephrase the question this way.
In your opinion, is there a difference between a piece of property where you can
build 1000 living units and one where youcan build 500 living units?
89
APR 221976
Mr. Acton: Yes.
Mt. Plummet: A significant difference.
Mayor Terre: Then that means it would be a difference between one
where you could build 800 and 500, or there you can build 500 and 1400?
Which is what is before the courts. We lost once or twice on that? We lost
it in the lower court.
Mr. Plummer.: You are getting ahead of my questions now.
Mayor Ferre: I'll let you carry on, on this, but tell me about the
court thing. I am not clear where we stand. We took it to one court and
lost?
Mr. Lloyd: Yes.
Mayor Ferre: Then we took it to another court?
Mr. Lloyd: No. What happened was the building director took away or
voided the building permit on the basis that they hadn't shown substantial
progress in the building for a period of over 90 days. They appealed to the
Board of Rules and Appeals of the County, the County Board of Rules and Appeals
reinstated the building perm?'-, we filed a petition for certiorari in the circuit
court. That appeal, that petition, has dismissed after a hearing by the court,
so that is where we are now. We are ready to appeal that.
Mr.Plummer: The obvious question Mr. Lloyd has to be, in your considered
opinion, what is our chances? I think that has a big bearing on it. We have
lost twice, now we are going to the appeal court.
Mr. Lloyd: I have to answer it this way, that any decision of the
lower court on appeal, when it goes to the appellate court is clothed with
a presumption of correctness and it is the burden of the appellant, that
would be the city's burden to demonstrate that that lower court committed
reversable error. So I think obviously that translates into that they have
a better chance than we do.
Mr. Plummer: The point I am trying to make, we know that a city policy
is that you, the law department automatically appeal, unless otherwise directed
by this commission.
MR. Lloyd: Yes, although I will say this, that if I thought that we did
not have a chance, that the appeal would be frivolous, I would be here recommending
to you that you direct me not to appeal.
Mayor Ferre: We have one more item to come before us, Mr. Dean, and
Mr. GArner, and the attorneys involved, have been patiently sitting through
this for about 4 or 5 hours. It is now 3 minutes to 8, I want to tell all of
you people, those of you who sometimes think that the City of Miami and this
commission doesn't quite do enough at its job. I got here at 7:30. We started
our first hearing at 8:00 o'clock in the morning. In 3 minutes we will have
been here 12 hours and I was out of here one-half hour for lunch. I think this
is going to continue and I know my commission. We are not known for brevity.
And I am not looking at you, so don't look at me.
I think in all fairness to everybody, that we ought to postpone that
now. Is there anybody who would object to that our postponing? Is the 27th of
May acceptable to all parties. Not this item. I am not talking about Pair Isle,
I am talking about the next thing on the agenda, We are not through yet. After
this we have another one coming, So in the meantime Mr. Dean, as I understand
it, you are getting close to working out your problems somewhere along the line.
I sure hope you can work them out. Sorry we took so long in making that decision.
Mr. Plummer: We are part-time politicians. Mr• Lloyd the remark has been
made, two contrary opinions, and that I have to be guided by. ,Covenants are
binding, covenants are not binding,
Mr. Lloyd: I'll answer that this way, that if you are going to go into
a restrictive covenant, the better procedure, and the safer procedure, to make
certain of a binding situation would be to ,rate a special zoning for pair Isle.
90
APR 221976
Now, this Milberg case, we ate familiar with it, and that case tab decided
by the 3rd district court of appeals: If we got into extensive litigation
on this which is possible it could go to the supreme court and of course
I have no answer as to what the supreme court would do in this situation,
This is however a 3rd district court of appeal decision. It does state in
essence that they are binding, but there ate some words in there which I
am not awfully happy with. It is tot foolproof.
Mr. Plummer: Mr. Lloyd, I didn't go to law school. Is there a way
through this covenant, or some other way you are speaking of, that we can
bind really what he says in making do, and no more, a better way.
Mr. Lloyd: A better way would be the special zoning procedure. It can
be done this other way.
MR. Plummer: My other question, and I am sorry because Mr. Patten obviously
has been here, -------
Mr. Lloyd: One of the problems could be an issue raised by some other party
creating litigation that this was contract zoning.
Mr. Plummer: Can't you by action of this commission not issue a building
permit for more than that? Which is in the covenant.
MR. Lloyd: That is so.
Mr. Plummer: Would please briefly explain to me what is a Brickell
reverter.
Mr. Lloyd: Very probably, the commissioner could explain it better than
I could. Apparently there was some restrictive covenant in the old Brickell
Estates that you couldn't sell it for certain reasons. Actually what it was,
you couldn't sell it, --anything that had liquor on the premises.
Mayor Ferre: What it said was, that if you did it, the property
would revert back to somebody else. What Mr. Calhoun is saying, that
restrictive covenants, for example, no liquor consumed on land,are not
fool -proof, because there are legal ways to bypass it and uses as an example
the Brickell reverter where people go down to lawyers that specialize on this,
and pay $25.00 and get an heir to waive the reverter.
Mr. Plummer: This doesn't have a big bearing on this particular
subject. Mr. Acton how soon we forget people are talking about that
we don't have anything else like Pair Isle, but you and I know, and I
want to ask you some questions about Claughton Island. Claughton Island, as
I remember is proposed for a density of 7,000 people. Is that correct?
MR. Acton: That is correct.
Mr. Plummer: It also has a three -lane bridge. Is that correct?
Mr. Acton: Correct.
Mr. Plummer: And Fair Isle has a three -lane bridge, am I correct there?
Mr. Acton: Two, --
Mr. Plummer: I thought they widened it. Two..lanes? All right. That empties
onto Brickell Avenue?
Mr. Acton: Yes, .--eighth street actually, which goes into Brickell Avenue.
Mr. Plummer; But it was proposed for 7,000 people?
Mr, Acton; Yes,
Mayor Ferre; Claughton Inland was supposed to have 3,000,-----we approved
it for that. How big an island is Claughton Island?
M. Acton; 44 acres,
91
APR 2 21976
Mayor Ferre: This one is 20?
Mr, ACton: Correct,
Mayor Ferre: That one had 3,000 units, is the bridge larger ovet there?
Mr. Acton: Yea, substantially larger. Twice as large as Fair Isle.
Mayor Ferre: We are not here talking about Claughton Island,
Mr. Traurig: I don't know much about law, but three lanes vs. two
is not twice as big,
Mayor Ferre: Let's not get into it. I think we get the idea. Really
we shouldn't get into comparisons but the point is, I understand what you
are saying.
Mr, Plummer: What is proposed is 3,000 living units, correct?
Mr. Acton: Yes.
Mayor Ferre: Plus commercial, plus hotels, plus all this other stuff,
and all that. I think it is a valid point on that, and that is, that that
is right in the core, right next to the core of downtown Miami, which this
is not. Then on the other hcr,e , this is really less than one-half, is one-half
the size, but less than one-half the density, as being proposed.
Any other questions from members of the commission?
Mrs. Gordon: Mr. Acton, it has been quite a while, you know we have
problems with Fair Isle, court cases, and zoning, that more intensified it,
possibilities of uses, than anybody wanted it to be developed. What bothers me
is, why don't we have a classification suitable for the island, because you, Luft,
and others, have said R-3 is not the proper way to handle it, and in fact in
your material that I received, so states, that we should have an island development,
we should have a classification, and we should, ----specifically atuned to an island
where the people who live on the island would not have to go off the islanid for
minor shopping for a loaf of bread or bottle of milk, or whatever. And under R-3
you know and I know, and everybody else knows, you cannot build anything that
is commercial. Am I right?
Mr. Acton: That is right.
Mrs. Gordon: So now you tell me how you have addressed yourself to the
solutions that you are proposing, when the solutions you are proposing are not
in fact a reality.
Mr. Acton: Well, we did evaluate the different districts to begin with
within the zoning ordinance. We have to agree that is no district that meets
exactly the needs of Fair Isle. But the situation on Fair Isle, as opposed
to Claughton Island are entirely different, where we did develop a special
island district, is very different in terms an ordinance within our zoning
ordinance that would meet their needs. Whereas in the case of Fair Island,
the island will be developed basically pure residential, and we do have pure
residential districts. It was the thought of the department, rather than trying
to develop a special district for Fair Isle that we could use the R-3 with
the+'Planned Area Development Overlay, which does allow the flexibility in terms
of spacing, not height now, height is use, also, accessory uses, that
would be needed on that island. So we have felt we could get the type of development
under the R-3 pad that is envisioned by both the community and the developer.
Mrs. Gordon: It is not really true, because you just said so yourself.
You can't go on the height, unless you go.for conditional use.
Mr. Acton: No, no, no, what I am saying is under the planned area development,
ordinance, you can deviate from the underlying district. The deviations are not
that great from the underlying district as opposed to trying to apply an existing
district to Claughton Island where there was not existing district that would
.,e, allow us the type of regulations, in the underlying district, would be suitable
for Claughton Island, What 1 am saying is, trying to compare apples and oranges.
The two situations are entirely different. We felt that the R=3 district wouid
provide a suitable base for a planned Area Development approach.
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APR 22197& �
Mr. Plummer; But George, you ate not comfortable with the R-3,
Mr. Acton:No, we have suggested Rz3, PAD for this island.
Mrs. Gordon: Is that a classification, R-3 PAD?
Mr. Acton:No, it is not a classification, but it can be accomodated if
the owner applies for Planned ARea Development.
Mr. Plummer: George, I don't understand, If you are not comfortable
with it, how can you recommend it?
Mr. Acton: We are comfortable with R-3 PAD,
Mr. Plummet: That is not what is before us.
Mr. Acton: PAD is voluntary on the vart of the owner, a:id what he wants
can be accomodated in PAD.
Mr, Plummer: Fine, but he doesn't have to. You said volunteer, ----supposing,
the natural assumption, ---
Mayor Ferre: We don't know which way this thing is going. Because you
can have R-5 PAD or R-3 PAD, ;,::ay?
Mr. Acton: That is correct.
Mayor Ferre: The questions I want are really very simple. I need to
know, really somewhere along the line, probably from Mr. Lloyd, how binding
really is a restrictive covenant, and how do you get out of a restrictive
covenant legally and what assurances then from the developer, the landowner
do we have that, one, you are not going to sell this property tomorrow and
the people you sell it to, go ahead and try to break this. Or what assurances
do we have that you will go to a PAD approach on this? Because, the I think
the point that is being made here by Rose Gordon as I understand it, is, --or
you asked the question, Plummer, you said to George, you are not comfortable with
this are you. And he said no I am really not, with R-3 but I would be with R-3 PAD,
but Plummer said that is not what is before us. And I jump in right away to say
well, maybe that is what is before us, I don't know. Let's ask the people. You
don't know until you ask, what people are willing to do. What are you willing to
do? Is there any area here that we could discuss? For example on a PAD basis,
you could get certain concessions like, for commercial, and convenience stores,
and what -have -you, of course you could't do that with R-3 could you?
Mr. Acton: No,
Mayor Ferre: Even R-3 P.A.D?
Mr. Acton: Yes.
Mayor Ferre: You could with R-3 P.A.D.?
Mr. Acton: yes, ---
Mayor Ferre: Okay. Now, they would have to voluntarily say that they
go to PAD, wouldn't they?
Mr. Acton: Yes.
Mayor Ferre: But if they said that, that wouldn't guarantee them what
would come out of the P.A.D. if it was R-3. Is that right?
Mr. Acton:That is correct. That is the reason Mr. Mayor, at the very
beginning I said that there are two issues. They realize it in their covenant,
we realize it in our presentation, and that is density. How many units and
how touch height, It is the same problem you wrestled with with Claughton Island.
Mayor Ferre: But they are not the same problems,
Mr, Acton; No, it is not the name problem, but what we are saying is
9a APR 22 1976
PAD,
Mayor Ferret One problem is density, and the other one is height,
Mr. Acton: That is correct.
Mr. Plummer: Can he go to 23 floors in a PAD.
Mr. Acton: Yes.
Mayor Verret What ate you saying George? We ought to go to a PAD?
Mr, Acton: Yes, I am saying that. My recommendation is that it is R-3
Mayor Ferre: That is not what,
Mr. Acton: I understand that, but the Planned ARea Development ordinance
is voluntary on the part of the owner of property. In other words he must
come in, with an application for Planned ARea Development. I realize that
the owner of that property is looking for a policy decision from this commission
as is, the Planning Department in terms of how much density and how much height.
If this commission were to say that you agree upon whatever amount the density is,
in the height, that is a policy decision on your part which would give some
assurance to the developer that he would be assured of that with a PAD.
Mayor Ferre: Obviously the key point in all this is that there is a
difference between R-3 PAD and R-5 PAD. As I understand the difference is
this, stop me when I am wrong, No. 1 with R-3 you can't go as high,
Mr. Acton: No, that is not true. Height is no problem.
Mayor Ferre:--but you could not put any commercial development.
Mr. Acton: You could, yes.
Mayor Ferre: You could? Even though it is R-3?
Mr. Acton: You could do that with a Planned ARea Development. It so
states in the ordinance.
Mayor Ferre: What would be the difference? It would just be smaller?
Mr. Acton: Smaller, yes.
Mayor Ferre: The question really isn't height, it is density?
Mr. Acton: It is height, because they are saying 25 stories, we are
saying something about half of that, as reasonable.
Mayor Ferre: If you go half, then of course you are going to cover more
ground.
Mr. Acton: No, no, we are also saying, in other words 500 units as)opposed
to 800. We are also talking about, ----
Mayor Ferre: Well, the really is density.
Mr. Acton: If you took the R-3 ordinance by itself, right now, you could
develop 500 units, that would be roughly a little over 1,000 sq. ft. per unit.
That is what is allowed under R-3 without any increase in the FAR but I am sure
they would want, and we would encourage a greater FAR to get larger dwelling units.
Mayor Ferre; How about this PAD approach. I am not saying R-3 or R-5.
Mr, Traurig: I think we have to determine whether there is any inconsistency
in the city's position.
Mayor Ferre: That is not the City's position, it is Mr, Acton's
Mr, Traurig; All right, in Mr. Acton's position, On March 10, Mr, Tuft
in talking about FAR, said, '1 said at the last meeting that we could concede
94
APR 2 21976
an increase in the FAR of .6. I didn't say we didn't want .6, I said given
appropriate trade-offs for the larger units that Fait 1s1e developets have
repeatedly said they want in which we concur are proper. We can trade off
an FAR to the density doesn't increase. Moreover I did not at any time say
that 1 had not concerns with height. I do have concerns with height. 1 said
it for the record at the last meeting. Those concerns topped out on the order
of 8 to 10 stories. So what we are saying that we have to go with the middle
model, and that is 8 to 10 stories, ----that is 10 stories, not 8 stories, and
if we have to come in under R-3 and ask for a PAD and have the same neighbors
who currently object to our heights, say that it would spacially incompatible
or incongruent with the mainland, then we probably would not get even 8 to 10
stories, and we submit to you that-8 to 10 stories are not proper. Furthermore,
when they talked about the increase in FAR they have repeatedly said through
the transcripts of the other PAD hearings that they would permit a modest
increase in FAR, and when put to the quesiton, they then said that the FAR
could go up in a scale which would go somewhere between aroLnd .85 and .9.
That is even less than the present R-4, and .85 or .89 would not permit much
better than .6. And we submit to you then, that R-3 with a PAD would be just
as much an architectural abortion as the scale model which Mr. Hatcher said is
terrible. And we submit to you that the only way that the community can benefit
from the fine planning is to permit the height, and the height would not have
any adverse impact upon the community which continually says give us less than
1000, give us 800. And we art. •hying we will give you 770. I don't know how it
can be any clearer. 770 is better than 1000. Twenty-five stories has to be better
than two stories and the R-3 PAD is a not a workable solution if we could only
have 8 stories with a .85 FAR.
Mr. Plummer: So what you are saying is, no, you are not volunteering.
Now, I come back to the same thing that I tried to get to before, before
40 people interjected, that you are not comfortable with the R-3. Correct?
Mr. Acton: That is correct.
Mayor Ferre; Tell me what that hook was,-- I didn't hear that.
Mr. Plummer: Mr. Mayor very simple, the man has stated that he is not
going to volunteer. I then asked the question of Mr. Acton, knowing that,
you are not comfortable with the R-3. The answer was yes.
Mrs. Gordon: Mr. Luft, may I ask you some questions?
(inaudible)
Mayor Ferre: Look you had plenty chance to talk, four hours. We listened
to you very carefully. You listen to us.
Mrs. Gordon: Will you answer me Mr. Luft, since you have worked so
directly on this project, what is the highest FAR that could be achieved
under the PAD on the R-3?
Mr. Luft: Whatever you decide is proper.
Mrs. Gordon: No, sir, you decide, you tell me. You are the planner.
Mr. Luft: What are we recommending?
Mrs. Gordon: Not the number of units, the FAR.
Mr. Luft; WE have suggested that 1.0, and I will tell you why 1.0.
The minimum unit size if 550 sq. ft. per unit. WE are all concerned about
getting too many small units. Correct? The developers have said they want
large units, the city has said we are in favor of large units. You can increase
the FAR, you would want to increase the FAR if you had assurances that the
units were going to be larger. You could take that .6 FAR and you could give
them a bonus, ------------you give them bonus for increasing the unit size,
you could also give them a bonus in FAR for covering less of the grounds, say
up to a 1.0 story height limit which would not cover more than 18% of the site.
So, we know, based upon marketing studies, what the approximate unit sire desirable
is based upon condominium development in south Florida, I have calculated that.
9
APR22976
I calculated the bonus necesaary to achieve that average unit site, 1500-=
1700 eq. ft, pet unit. The average unit is running about 1500 sq. ft, pet
unit.
Mayor Ferret Where is this?
Mr. Luft: to Brickell Bay Club, --go right up the line, the Charter Club,
we can construct the bonuses, such that the developers can get what they need
in terms of unit size, getting the attractive size units, two and three bed -room
units that they need, spacious, and in ei:change for getting those larger units
we can assure that we are not going to comensurately more units by increasing
the FAR.
Mr. Plummer: Let me ask the obvious question. The obvious question
under 3 PAD can they get the thing on the floor?
Mr. Luft: That assumes an FAR of about 1.67.
Mr. Plummer: Please don't confuse my question. Under a 3 PAD can they
get what is on the floor?
MR. Luft: No.
Mr. Plummer: They cannot.
Mr. Luft:No. That has an FAR of considerably larger than 1.0 which is
what we are saying.
Mr. Plummer: What you are saying under a 3 PAD the maximum FAR is 1,
with bonuses.
Mr. Luft: We would suggest that would be the proper limit, because
with an FAR of 1 you could get 500 units sized competitively on the condominium
market, providing spacious, attractive units that would compete, that they could
sell, you would not have any more FAR than 1.0.
Mr. Plummer: Mr. Luft, I asked you a very simple question and I would
like a very simple answer. The answer, if I understand, is no.
Mr. Luft: No. Commissioner Gordon did I answer your question?
Mrs. Gordon: You did and you didn't, but I'll accept your answer.
It had been my understanding that there was some measurements that you
had thought about that could bring about a 1.3.
Mr. Acton: Commissioner Gordon I stated that under the R-3 approach
they could get 500 one-thousand-sq. ft. units. In other words they could
develop it under R--3 and with a conditional use they could go to whatever
height is deemed appropriate by this commission --by the Zoning Board, rather.
So if you take 1500 as a desirable unit size, if you add .3 FAR to the .6
you will arrive at that, with 500 units. What I am saying is, I hope I didn't
confuse Commissioner Plummer, but the best result in terms of both architecture
and planning would be achieved through the PAD but in terms of our being satisfied
with the zoning at this point in time, R-3 is what we are recommending. In other
words, R-3 is what we are recommending for the zoning, but the best results
would be through a Planned Area Development overlay on that R-3 zoning which
would give the developers the size unit they are looking for, would give the
city the type of urban amenities they are looking for on that island.
Mr. Mayor that is the reason I keep coming back to policy, regardless,
even if we were to come with a new zoning district, there has to be a policy
determined as to the density, and height on that island.
Mayor Ferret I understand. There is no way to get around from that.
I recognize thatanvil hope all of you recognize that. There is no way, friends
and foes alike, that this commission either today or tomorrow, or someday, can
shirk the responsibility of making a decision.
96
APR 2 21976
Mr. Plummer! George, may I ask another question. knowing what you know
now, that you didn't know yesterday, they will not volunteer, Would you still
recom end
Mr. Acton: Yea, and the do have the alternative now of going for, as
the first model shows, that was a basically two-story height limit, that
this commission recollects, we did amend that ordinance, so,'you can go higher
than two Stories, under R-3 with conditional use. So that still would be our
recommendation, the R-3.
Mrs. Gordon: I have been quoted from 1968 a couple of time in a few
manuscripts, but I have to say this, for those who quoted me, that times
change and people's thinking changes too. And I have had to live with traffic
jams, so I don't exactly live where these guys do. I live in the middle of the
ocean of cars. My viewpoint might be a little bit different than some of the
others, and I ask the Attorney a few minutes ago whether I could abstain, he
said no way. I have to say it, regarless where the chips are going to fall.
tight o'clock in the morning it is a real chore for me right now.
Mayor Ferre: Let's get on with it.
Mr. TRaurig: Mr. Mayor may I reply for a second?
Mayor Ferre: In reference to what?
Mr. Traurig: Mr. Acton was suggesting that the solution might be the
PAD. And I was merely going to say, we are not asking for the extra FAR in
order to achieve more density, we are not asking for it because we think it
will enhance the esthetics of the project. We have already got density in R-3
of 960 units and we have said to you that is more than we want, so we are saying
to you, we are not coming to you for density,(as a matter of fact, we are not coming
to you for anything, we are here to defend ourselves in what we already have), we
are saying to you we are willing to retreat from our earlier position and take
less density than the ordinance permits, ---just give us the opportunity to build
a nice project. That is all.
Mayor Ferre: 0kay, who is next. Mrs. Gordon, any questions?
Mrs. Gordon: Well I have stated my feelings and asked the questions I
needed to ask, and ----
Mayor FErre: Mr. Reboso, any other questions? I have one other question
from the developer, Cabot, Cabot and Forbes. Jack Lowell, are you going to
answer this? There was some allegation made today about the fact that your
company was not going to complete this project, that weren't really going
to develop it, you had no intentions of doing it, and that this would be sold,
and somebody else would do that, would you tell us about your intentions? On
the record? Do you have the financing?
Mr. Lowell: Mr. Mayor I would like to take a couple of minutes and
speak to a couple of trust representatives and make sure we give you the full
information.
Mayor Ferre: That was a quick conference. I congratulate you.
Mr. Gordon Emerson: The Cabot Cabot and Forbes Land Trust is a qualified
real estate investment trust, and as such it has to be passive which means it
cannot be involved in actual development activity. It is a lender, it is an
investor in real estate. We are the beneficial owners of Fair isle as a result
of a foreclosure of a real estate mortgage loan. We were originally one of three
real estate trusts. One has been bought out, and there are two, the Hospital
Trust of Miami, we have two choices available to us, One is to sell the property,
to an acceptable buyer subject to the approved zoning, and when I stress the
sensitivity of our company and our trust earlier, I was quite sincere, we would
not sell the property.to someone who would rape the property, as someone spoke
about earlier, We are concerned with it. I suspect that we will not maximize the
recovery of our investment by asking for a cash sale. There aren't Very many
cash buyers around today with multi -million dollars to purchase real estate.
So the chances are We Will have to work out some arrangement where there will
be a partial subordination of our position for the benefit of a developer, IN
97 APR 2 2 797,E
other words, something in the nature of a joint venture arrangement which
would give us a high degree of control over the quality of the development
so l am sorry t can't answer your question directly but we cannot be
we would lose our qualifications under the internal revenue statutes if we
were active developers by ourselves. However, we could become a joint -venturer
with, and in all probability, that is the route we take. Because there aren't
many multi -million dollar cash buyers around.
Mrs. Gordon: Do you have a buyer already, or do you have to look for a buyer?
Mr. Emerson: We haven't received any bona fide offers. There have been
people who have spoken to us but there is going to be very little interest
until the litigation and these questions are, ---it is not a salable product
as it is today, and no one can act very responsibly until these issues are
settled.
Mayor Ferre: Let me ask you this, and I know you can express it,
and define in 10 different ways, and I know it is controversial, and it
may not be part of the public record, and if it isn't I don't want an
answer, is it part of the public as to how much your company has in this
property at this time?
Mr. Emerson: We bid inat the foreclosure sale at the Courthouse steps
8 million dollars as I recall. We bid at the foreclosure sale, collectively
the three trusts. We currently have about a 70% interest in the property
and the other trust has about a 30% interest.
Mayor Ferre: Mr. Acton, going back, ----remember this question of value
and all that?
Mr. Acton: Yes.
Mayor Ferre: I know that maybe the value of 8 million dollars is there
because they had guards and pretty pictures and fancy lawyers and etc., but
the fact that the Dade County tax assessor assesses it at four and one-half
million dollars is not our fault. It is somebody else's doing. And I know
that Brickall Avenue properties are R-5A, which is different. Brickell Avenue
property, and Mike, correct me if I am wrong, today is selling for around 10,000.
a unit. That is what it works out for. Your common friend and my common friend
who has some property down there says he won't sell his for less than $12,000.
a unit. Now, 800 units at 8 million dollars, is $10,000. a unit, and fcr $10,000.
a unit, whoever gets that, has got to put luxury buildings. There is no way you
are going to put low-cost housing on that island, whether it is this project
or that or another one, that is no way you are going to build anything but
luxury -type buildings when you have $10,000. a unit. If you go down to 500 units,
that is $16,000. a unit. Let me tell you this, I don't know of any land, anywhere
in Dade County or Palm Beach, Pompano, Boca RAton, Ft. Lauderdale, Miami Beach,
Crystal House, King Cole Apartments, Jockey Club, Racquet Club, any club, Palm
Bay Club, that the land cost of a property $16,000. a unit.
Mr. Mike Calhoun: In the United States of America, right here in Florida
for years we have been building $30,000. homes, I am talking about back
previous construction costs, on $50 and $100 thousand dollar lots, as long
as it sold for $130 or $150 thousand dollars everybody was happy. You are
talking about apples and oranges. You are talking about extremely luxurious
units, that only sale made in Dade County recently in the real estate market
has been luxurious housing down in Arvida Estates, there is one that just sold
for $1,050,000. Now these are recorded sales. None of this other stuff has been
selling to any extent because we over -built it. So you really can't use that com-
parison in this situation because the sale going on now, the land value or the
unit cost really isn't the criteria.
Mayor Ferre; Mike, you might not be able to, but I do, and I can, and
that is what I am trying to get to. I am trying to figure out in my mind,
with 8 million dollars into a project, what you do when your average coat
as la, if $16,000, a unit, --
HT, Calhoun: You are extremely accurate and correct if they attempt
to build a concept that theya re attempting to build if they cut that down
•
98
APR 2 2197E
to three ot four or five hundred units, they would have exttetne trouble,
Mayor Vetre: You know, what you ought to do really, honest to goodness,
I am tot being sarcastic ot facetious, or anythingyou know this has been
going on for yeart and years. You should have put together a group of people
to buy that property when it wasn't worth 8 million dollars, you could have
bought it a lot less than than years ago,
Mr, Emerson: Mr. Mayor I would like to correct a statement I made.
I was correct when I said we bid 8 million dollars at the foreclosure sale.
That was based on appraisal that was secured by a third party, but our investment
was in excess of that when you count accrued interest and expenses.
Mayor Ferre: Obviously the meter doesn't stop running. If you've got
8 million dollars and obviously you borrow that money from somewhere, if
you are the normal American corporation, and you have to pay money for money.
Mr. Emerson: We are a financial intermediary, which means that we have
shareholder's money and borrowed money, and we have to service that.
Mayor Ferre: Well, obviously you are in business not to have money
sitting there not making, so obviously with every month that goes by,
you have more and more into the property. That is neither here nor there at
this point. The point is you did bid 8 million dollars,
Mr. Emerson: That is correct, sir,
Mayor Ferre:--that it is 20 acres, that it was when you bid for it R-5,
that you are going to court on this thing, and the point is, that 20 acres,
8 million dollars, R-5, 1400 units,800 units, 500 units, ---that you take all
of that into account,
Mr. Andrews: Mr. Mayor and members of the commission, as a potential
area of compromise, I wonder if the commission and the developer would entertain
,----and hear me out, ----the commission adopt an R-3, that they become an
applicant as far as a pat application is concerned, that they initially restrict
themselves to an FAR of 1 which would permit 1500 sq. ft. at 500 units. It will
take them 3 or 4 years perhaps to initiate the 500 units. You then at the same
time would leave the door open to have them come back and they design the
project in such a way that the areas of concern expressed by the community
and the Planning Department in terms of traffic would be evaluated at that
time. If the traffic really didn't really materialize, and the problems did
not exist, the door would be open for them to come back and add additional
units in. Then Mrs. Gordon adds, that, please add you part, ----
Mrs. Gordon: transportation, and how many times I have asked for
that to go into place, and it hasn't yet, but 5 years from now it might.
Mr. Andrews: Mrs. Gordon when I was discussing this with her said
perhaps then the commission might entertain adopting this on first reading
giving the developers the opportunity to examine that kind of proposal and
come back with the commission and see if they could live within that.
W. Plummer: Paul, there is something you are forgeting, Jack Luft
alluded to and you know, it is something we have no control over. If I am
not mistaken, Cocoplum is proposed for 5,000 units.
Mayor Ferre: It couldn't be,----500 units, -
Mr. Plummer: 500 units, I am glad I stand corrected,----
W. Andrews: That way you might then entertain after the initial con-
struction reopening to a public hearing to ascertain whether another 150
or 200 units could be added.
MR, Traurig; Mr. Mayor, I am sure that W. Lloyd would suggest that
perhaps we were indulging in a discussion over contract zoning and perhaps
that is not in the best interest of either party. I would like to make clear
that the 1.0 FAR it can't ,just be translated into unit size, because all the
square footage doesn't go into a unit, WE have the hallways and stairways in
a lot of other public space, so we have to have the higher FAR,
99 APR 2 21976
Mr. Art. Patten: At the ,resent ttne we have kinda gotten to t situation
of a unilaterial negotiation here with these ownets sag to what they can
accept, what they can live with and e.c. But you know, there is another party
to all of ;1'xs and that is=.hotle of who live dawn there. Now, I know you
all are tired and weary after this hearing, but you have to remember that
the people here have been to three of .hese hearings. Two of that before the
?AB, incledilg one than: i.a.>_ .ci ;n_.- ' ? :) minutes after three in the morning.
Now we have c eme out to diet, tc :,: including the first PAB hearing
some 4 to 5 ;hundred of us, then eot turned away after a long discussion
and hours of ,-- --cn a deferr:.. Le request of the developer. And then
we were :summoned back here a; aii: and ::ept here until 3 A.M. in the morning.
Mr. ;feeo;- chat I . ,,, e„ayz.lr. ,;.:, your Planning Department has come
forth it ,c- best know;; ;:c 1y=.r;; ,: ;you have on the books in the City of
Miami for. +:..pit, project, Now th,>~rt. :laver a legislative body, nor any
governmental a;ency in hci.ne , the l a' e always looking for the ultimate
law and t.'.1e ; e:er_t ;;oluticii rc _ t g, but unfortunately our government
is a govc.=aent of laws, a;:,' .ie mu c ;.r,;c the laws we've g . Now, the people
in this co-.~:1ua ty here have Lee r.,ept up in the air, awake a night, running
around to r -yet ;.ngc, hir _ wyeres c.nd everything else, for 6 years now,in a
constant .,4-,.t_e of turmoil -',;ing to find out what we are going
to have ;_.': _re in zr:c wo.y o : ;,,; _ bo:s.
Mayo;: ''P_rre: I think :..:r vile you might know.
Mr. Prt- .:..r - o r,c:::;e is this, that the original developer
fell flat 71__0 face wn; 7 c:;;2 question of money take-out. The
gentleman 1-.ere before you ;: 'day `+ t1e people who funded him and backed him,
and when it c :: T,e Ir1J2 L'c ct. ,,p Mr. Goldberg packed up his tent
and left ":r- :,r.c: ren:Ion. c on that financing and he couldn't
come foY_', s ;: .Nose t,: _i :: <c:1.: this project fell apart. But in
the meantime, tie Left you _. u' :_�2;3 granted by your City building
departme; feu: tor-:::,,.; _c�; , which are still in the works. ON
top of all r;that, thi: :c:uf : ui. ?as come back again for four twenty-five
story bui.i:::; :;:r>. The:7 have ;.t.-(1 fL,,:J of applications and two permits working with
you at the :7.1c time. I r i:p::T r,:.::: ,;; <► `ir. Gordon Emerson has said here. He
has been w_.;:h you. ?c-.': --cy important question. Does this develop-
ment grou c,: ;:n: we};: ,:.:.. :n: ;.,.;: today, to fund either one of those
two pertr,i: ,,l _:n .c that they na,Ye ;rc:: te..n from the city or the last one being
requested. The answer is no. t:.iat basis, what obligation do you owe
to these pc ;)1 : o centi .u:_ i. a i:e :: ;_:,:i s neighborhood in a state of perpetual
cahos? We n::e here for or„ .:c:a;.c:,:. +,cacse we have attneded two hearings, and
this is now the third, to dry ore thing, and we have made ourselves clear. We
are only arl.ing one thing, thrt is, that a decision be made. And No. 2
that you 3';: your P1c;nn1;.,-?t ::ou:- Planning Department. Your Planning
Departmer.4 cuiei you, e:1, :i...:J.0 that the best zoning they have on their
books for i.;;i.:. :rca out ter We are not trying to stop these people from
developmeet. ere here ,-e tea.:' yr,r: tc,right, Godspeed to them, let them go ahead
and develop elee area in L'1e can' c.,.ct:.c„ of your planning achievement. You have
worked 5 yea cu this elm. Dori' taros: it out the window. Bob Traurig is some-
what,-----i' a:king for : oietri:at -:::,re units than what R-3 allows, although he himself
admits he c.'a eat more unit under R--3. I think now, is really the time when you
are going a deci!.icr-, i.. c: . st:?n. to us and find out finally and once
and for a..:. 6 year:: :a : c.::_s:u :: Lor., where we stand. Now we stand for your
Planning :i i:ar►::.:cnt recomar:enaat_::.or.
Mayor i cr re : Who is vc:' :'
Mr. T c.tt:cn: The people 'ier . ..k«rc has never been any confusion.
Mayo: Ff -re: You want re tc, ,, 'cow to prove that. I can say I want
to hear tirr :;,i&use of the pe ;.}:•_ i,e other side, and it doesn't make any
difference,
(loud },;)i u e)
Mr. Patten: Mr. Mayor let r-c ask you this question, How would you like to
ask for the people who live in Lhe immediate proximity to this thing and who have
been involveA wirh it for 6 year:,, :.cared with the interest of somebody who is
living in il::;'•.Gah or Opa loca, or ,-a1:e:'here else.
li u
APR 22 1976
Mayor Ferre: Look, Att I don't want to get into an argt*rnent with
you, for I happen to have great respect for,=-=_=
(inaudible speech)
Mayor Ferre:-- —wait a moment, what I ain saying is, we can get into
heated discussions, and get an awful lot of heat, what I have been trying to
do is keep cool and hope we can get some light on this. I don't want to get
into a discussion with you. You are an individual who has certainly earned the
respect of this community, and you have my respect. You served this community
for 12 years.
Now you know just as well as I do, Arthur, that your 12 years of service,
that department recommendations are something which are very important and
this commission follows department recommendations I would say 90% of the time.
I don't know how it was in your 12 years, I think it was pretty much the same
way. But don't tell me in 12 years, that everything your departments told you
to do, you did. So in other words, you have lots of valid arguments that have
been presented here. I could rattle off 30 of them that you ;presented. That
doesn't happen to be one of them.
Mr. Patten: Let me ask you this question. You are representing me
and my neighbors who are here before. You don't represent Hialeah, you
don't represent 0pa Locka, or anybody who is here for any other reason than
to have an interest in this. You represent us.
Mayor Ferre: I represent the citizens of Miami.
Mr. Patten: The point I am trying to make is this, and the point I am trying
to express to you is, if there is anybody inthis room, who came down here today
on this matter, on the side of rolling back that zoning that does not agree with
me, ---not with me, but your Planning Department, let them say so now. I don't know
where they are. The fact of it is, that your constituency, your residents,
Jimmy is on the other side, ------
Mayor Ferre: Oh, no, let's not get into that, sit down,-----
Mr. Patten: but Mr. Mayor all I am trying to say to you is, that
unanimously all those who are involved directly and affected and who pay you
your taxes, and vote for you in your elections, and do all the other things
good citizens should do, are here unanimously to say to you, we ask one thing,
after 5 years of study, we concur with your Planning Department. Now, if your
Planning Department stands together in saying that this is the best ordinance
you have on the books, and it will vastly improve the situation, and if your
citizens, stand here unaimously and supports that, what is the problem? Is
it a question only of compromising to find out wht would be nice for these
folks? We just want a decision and want the Planning Department backed up, not
only for this case but in the future. We think it is very important.
Mayor Ferre: We are repeating things, and I think we are repeating them
over and over. Unless somebody has a new argument or a new thought, or some
light to shed on this, I think it is time for us to fish or cut bait. Let's
come to decision and see what the will of the majority of the commission is.
The Chair is now open for motions.
¥r. Plummer: Mr. Mayor when all else fails, I'll make a motion. It
is not going to be popular I'll tell you that. But let me state for the record,
so nobody will misunderstand. I came to this meeting with my mind made up. Mr.
Traurig didn't allude to me as he did to my colleagues, but I did vote on this
project once before. Mr. Simpson says it was 1968, I hate to believe it was that
long ago. My vote at that time, the same project, same item that is before us now,
was to deny the roll -back, and I will tell you that after 8 years, I have heard
the same story, same objections, I am going to tell you that as far as I am concerned
as this item stands before us, in my estimation, I cannot vote for roll -back zoning.
I have made this statement very clear all through, and Mr, Jacoby will remember it,
because we have argued the point down S. Bayshore Drive, I have made this point
int he downtown area, and I'll make this point on Fair Tale, Whoever the owner,
Or purchaser, is now, or was 10 years ago, or 20 years ago, had this property
at the time been zoned at a lesser zoning that what it was, he would have bought
it at a cheaper price, 1 think that in my estimation, and I am sure there are
those who will question this, I think the very integrity of this city and its
zoning is at stake, because if I was an investor, and I were to Look at the City
101
APR 2' 1576
of Miami 1-hi!oirg that you O,oy a plooe of property, and when you buy that
piece of property, the voluo thi property it greatly determined by the
zoning wOch olives you your rights, and the next day the rug IA pulled out
from under you, and you can no longer do what you had purchased atd paid to
do. And 1 hooe to we my vernnculor, am not a laWyer, t at trot an invettor,
I am not a 7e.rWitor, 1 an an oodootaeo. Laugh if you may, Mr, Mayor I am right
now at the point of buying a piece of property and the law tay s I have to buy
within a certnin zoning to operate a funeral home, and I am going to have to
pay a lot nere for that or000rto thon IO I wanted to put something else on that
property. A70 would tc that I would go out here and pay the premium
that I have ':o pay, to meoure piece of property and if I don't use it in the
next 5 yeaoF,, or build, wLich t ,Thn' :.otend to, that I have to worry about the
fact that mome governmental ooenoo io going to turn around and say, hey, I am
sorry, what you paid for it io oo h000ing, we are changing it, and you can't do
it, and I an stuck witha piece ol or0000ty I can't use. And that is the way I
look at this ,ituation. I hy that piece of property every day, and I
keep wiohino :o God it would o-.11 iroo d:e water and disappear but it doesn't.
And Art, what youo prolco-o, o:o:o I take my child to school right aroung
the come- 'hero, at 8:30 in ,:ho n(o.oOnto It is not pleasoet, I agree, it is
a probleto it L think thot we ao commission are going to say to investors
who we want, oOo are mpeodioo n lot of money to get investors to come to this
city, come Ilere, ;xn:n7, here it is, ---I think we have to back that
zoning, Coe ooint T ma(o before and Mr. Jacoby will remember, ----
this city ,)11 a number of ocooniono, sluve I have sat on this commission, has
said, yen, To: pullic we Trt-1 'o out and purchase a piece of property,
we will c000'2oo peCr Ftq7 the public good in the name of a park.
But we Opo'. oo zo a man o !oco :.C7, we are taking your property, because
it is for Tho good of L.F.•_t o that man hopefully that we can negotiate
a price, conocoortc him :oo Oil 7-,4oee of property. And I think when you take away
from somecno o.oe prcoeroo, ro‘ ohoth do with that property, I think the man
has just colat....cn _ r.v. tell you, because I have inquired, that
there 1.5 no that thi.L .11, because if we do it here, we have to
do it el.r.eo, that oogin to compensate for what is proposed.
7 [17:•ea wrote a letter to the Mayor which
he was oll.uh to ccy ix_ that statement he said basically this,
you all 1-.7c T-.arter th71-71 7.ot of ground in the downtown area, and
in your you foo_ toot oOot is needed to redo downtown, do it, but
when you do I y000 .2,o2Oo zo ho oolt to me, to compensate me for my invest-
ment.
Mr. isi1707. 7 a -Ills has to be a motion in two parts, --
I personallo thnk bezanat-! t and shuddered when I found out, and I
won't mendoa 71rior owneoo ;1,a.m.-1'11 may prior owners, ---that under the
R-5 zoning could have IyAlt C 117, cn that parcel of property. We know
he would not have done it. know thin developer is not going to build that
army barc':-.5, "out we kno... thlt he can. We know that he can possibly come up
with 800 ;-.1r,d I am vou for one, that I am pleased that
there are 833 ..)offered, and 1 tnink it im a good proposal, I think Mr. Patten
is right becoune there it no one --Art I sit here more than you on this side
of the fence loO am going to tell 7ou, Iwish to God this was the end of it,
but it is no:, un:ortunntoly. It r_Jc.in't look like it is the end of it, either
way, rega7CO.o! of what :',T; th:: outona of this commission. So Mr. Mayor, I will
make one oroton, on 33A to 6orly nen change of zoning in a reduction of zoning
to R-3.
Mayo; Ther Li a mil: i here a second?
Mr. Re)o,;): Ar. Mayor reeWt.:T1 Commission Plummer when he said this
is not a oopuOoo issue in CO2WVX,: i-;7:'IVO, because Mr. Patten said a few minutes
ago that mot. of. the people a75.n.: the roll back are people, maybe, that don't
live in the City of Miami, but the fact is, I wonder how many people in the
same situa*on, that the devr4oper o7- the opponents are, would be here asking
for the ro.. actk? I don't thin. : the people here today can afford to
buy Fair Te, but probah:y The:1;i10-c7 of the people here can afford to buy
a R-1 lot in Coconut Grc,vt or the Cit,, of Miami, for $20,000, and I wonder how
they would rear if we wilt co roil back that R-1 lot to agriculture, or
telling them thLt instead ef- a 4,000 sq. ft, house, they can build only
1500 sq. ft. wton they bouv,ht ot. 71 few years ago. A lot of people saying
that we r.ho'_id back the Plaonloo Dopootment, and most of the time we have done it.
aut I recal.i for example, 6 :A- 7 !r0,7,r, ago, when the Planning Department told us
to rezone certain land in :.%f: Calhoun appeared here and telling us the
Planning Depr.rtment was wrono, cno he was representing the owner or part owner
of that goociiic piece of land. So maybe the ideal situation a few months ago,
04 APR 2 2 1976
Sias to buy the property if we had the money, and make of that property a
beautiful park. But we didd't have the money; and they project they ate giving
us today,* is far better in my Opinion than what they could build it an R3.
72% more open ground. So I agree with CoMmissioner Flutter. I agree we should
have environment in this community, for environment with economic development,
and right now' we have a big crisis; in the construction industry, especially
in the Latin cointnunity, because the construction industry is the backbone of
or economy, and at this point, I second the motion of ComMissiott Plummer,
Mayor Ferret We have a motion and second, is there further discussion.
Mrs. Gordon: I stated my comments before Mr. Mayor, I respect your positon
and thinkittg.'I do a lot of real estate appraising and would hate to think that
at no time could we ever roll back zoning. That would be a catastrophe, in fact,
once zoned, forever more. However I do respect the concerns of the congregations,
that Mr. Plummer expressed, however, zoning is not a thing that we awn. It is
not an inherent right, it is a right of the community, it is within the police
power of the community to legislate, to enact zoning for what is best for a
community, so called at large. I simply want to say I feel a little bit sick
at heart to think that we could not find a what I call a suitable and sensible
solution but we have not been able to arrive at it, and it would be my sincere
hope that if this property is developed that great consideration will be given
by the developers to the very, very, real problem which is that the arterial
cannot bear the traffic that 777 units will bring to the area and that they
will, even though at this time, they do not expect to, that they might bring
in less, units, they might find them more saleable that people might want to
pay more money for a unit that was not in as congested a situation.
Mr. Plummer: Mr. Mayor let me make one other coment, and it is really,
I have made the comment before, and to be consistent I want to make it now.
I would have hoped that there was a way that this city could find the compensation
to roll back this piece of property, but it is not there, and I won't expound beyond
that.
Mayor Ferre: If there are no other comments, call the roll, ----
before voting I want to make into the record several comment. From a technical
point of view, Mr. Lloyd, a legal point of view, stop me if I state this wrong,
since this is a motion recommended by the department and passed by the Planning
Board, a 2 2o 2 tie, vote, ---in effect is a denial of the application of roll back.
Is that correct?
Mr. Lloyd: Well, if it is a 2/2 vote, it amounts to no action, which there
fore there is no roll back.
Mayor Ferre: What I am saying is technically, I am being for the record,
I could play a very cute trick here, and I could vote no and technically, even
though I would have the wrath of some of the members of the construction industry
here, some of the people for, this project. I could say, what are you angry about,
you got what you wanted.Technically I could do that, but I am not going to do that.
I want to state for the record some comments I have on this item.
In the first place, it was bond issue that was offered by this commission
and it was put on the ballot for the people of Miami to buy the property, we
.came up to 11 million dollars, not because we thought it was going to cost
11 million dollars, originally I think it was proposed that it be 10 million
then we went to 11, because we had some tentative appraisals and we didn't want
to have the problem that we had with Mr. Bali on that downtown property. And
as I recall, that vote, was something like 60/40 percent and that went down.
There were people in those days who really didn't want anything to be done
in Fair Isle and I suggest to you that you search your conscience and that you
have the courage to admit like I am going to have the courage to vote on this
item openly. That the real majority of you who are against any kind, ---who want
this roll back, what you really wanted all along is really nothing, no construction
there. But you see, well ----I was just expressing an opinion. WE are going from
leaving nothing there or buying it as a park, and by the way, in the Coconut
Grove area, I want to remind you, that vote overwhelmingly passed, 80 I recall.
Most of the precincts along Coconut Grove as I recall, --the park, to purchase
that property for a park,.passed, But it didn't pass in the City of Miami and
the moral of that story is, that what the people of Coconut Grove want is not
necessarily always what the people of Miami want in totality, And I feel that
that expression of the people of Miami certainly in my opinion is an expression
that there certainly was not enough interest, Now you say well, people vote agafnst
bond issues, but we passed a housing bond issued for 25 million dollars, that passed,
1 QJ APR 2 2 We
And we passed bond issues For police stations and Parks for People and this
and that, -----we passed all kinds of bonds. Some have been rather exorbitant,
40 million dollars of which 27 million dollars wale earatked fot just a ,mall
piece of property smaller than this in downtown Miami, 27 tttillion dollar,: So
people vote for bond issued if they believe in them. In my opinion we gave this
community the opportunity to pass that bond issue. In my opinion those of you who
have been spending night, and years and until 3 in the writing on this, didnt'
unfortunately gather enough organizational Strength and go out and carry the
day. You have the opportunity, it didn't come off. People of Coconut Grove
voted for it, people of Miami voted against it.
The question in all of this 1.3 growth, --no growth, zero growth,planning
growth, quality growth, quality light, what will we have left here in 10 20
of 50 years. I recognize that, and I recognize the inherent conflict we in this
community live in continually. On the one hand the very same people who oppose
any type of density in this area, also want stepped up buildings in downtown
Miami and want the lower densities all over this community and they want no
urban sprawl, because they don't want to have a repetition of Los Angeles.
Now, I ask you, horestly, in your conscience, we dont' live in the Soviet
Union, thank God, or in countries that have no regard for et.e will of the
citizens. There is no law as yet in this country that preclude,determine or
inhibit an individual, an American citizen, all ur, 220 million of us, from
living wherever we p1eae e. WE can live in California, or Oregon, even though
they have no growth policies:, there ie no law that precludes me from moving
or you, from :roving to Oregon. There is no way that can happen. Some of you
have heard me before, that : had the experience about 6 years ago in the
Soviet Union, Mosscow. ejev and in in the Georgian
Republic. I spent part of the tiee I wan there looking at what they were
doing and planning. They have a wonderful way. What they do is, some bureaucrats
decides who is going to live where and how, and lay off the ground, and that
is it. I are going to tell you, the land planning in Moscow is one of the greatest
land plans in tha world. You know how they do it. Seriously, this is true, they
have their Subways going out from the hub city in spokes, and the area in between
the spokes ,f green. I;: is a be utiful way to develop a community and it works.
The only problems with those people, they have perfect planning, but they don't
have any liberty, literally. The eoet amazing thing that happened to me, was one
day in the Planning Council of the City of Moscow, when one of the major planners
said, admitted =o me; made a statement, he said one of our biggest problems in
Moscow is 'seeping all those Ukrainiane out of his community. I said what? We
have that same problem in the United States and there have been communities
that didn't want the Polish, end Some didn't want the Irish. Irish and dogs not
admitted. This the thing in Bo:ton, and on, and on, and on. The Puerto Ricans
in some neighborhoods and the blardee, and we hear a little bit with the Cubans
here, thank God not too much. And I said, I can't believe it. You have work cards.
The key in the Soviet Union iA a work card. How can you not control people? You
can't do it. And that in in -i conerclled economy, in a dictatorial country, the
most severe in the world, yet they can't contrail the movements of people.
Ladies and gentlemen we are not going to stop the growth of Miami. It is
not going to happen. You may believe in zero population grown to the very core
of your existence. It is not going to happen. People will move here, they will
live here, thin community will grow, will continue to grow, there is no way
you are going, co stop it.
Now, these of you who don't want urban growth, and yet don't want vertical
growth, I wane to tell you, I disagree with you. I think we have to do a much
better job of planning what is going to happen in this core city. You know this
core city in 15 years has hardly grown. Fifteen years ago we had 300,000 people,
now we have 350,000 people and yat the urban sprawl that everybody is upset
about, Commissioner Calhoun, fatten, who served for 12 years, while this com-
munity was growing, it didn't grow in the central area of MIami.
I think that finally the arguments Mr, Plummer stated which is the
question of value. Idon't see how you can really get away from it, In 1968
and here is what 1 actually said, then, 8 years ago, 'the fact however is
that since 1960 for the past 8 years, th..s area has been zoned R-5. In the
first place I think both sides are correct. I think it should not be zoned R-4.
The reality is it is zoned R-4. There was a gentleman who pointed out the matter
of stability of zoning. We are not talking here about taking an area from R-4
to R-5, from R--3 to R-4, Iwould be against that. r::ther on I state, it is
eminently unfair in my opinion for you all of a sudden now decide it shouldn't
be R.4, and it should be R-3. I recognize the arguments on zoning roll. backs,
I know we have the ability en government to roll back. Then comes the question.
What is it we really want in this piece of property, Mike Calhoun is talking
about 500 units. I thought he said 300 units. I am sure if we could come up
104
APR 2 2 Z is
s
200 units that would even be better. But I don't think that this community
is going to apartment houses, that ate about 16000. in land cost
per unit. It hasn't happened yet, and I think from a practical point of view,
I am pragmatic about it, 500 just doesn't do it. I an against 1982, but I
think 800 i5 a practical middle of the road compromise on a piece of property
that has been zoned since 1934, for 43 years has been zoned R-5• Before that
it was part of the ocean, and that property filled. Wasn't that a dredged out
piece of property? 1'or 43 years it has been zoned R-5 which k.::rmits these
people to build 1982 units. They are willing to go down to 800 and that is
more than a reasonable compromise. I am sure if they had come here and said
they would down a 100, or 600, the majority of the people would want it to go
downt to 300, just on, and on. I don't think that is a reasonable approach to
it and Ithink the mat who talked about due process, and talked about Cuba,
let me tell you something, how can we take the property away without compensation.
That is the way they do in Cuba, they take property away and don't compensate you
for it. Isn't that what this is about? That is the way I see it. I think it is
in the best interest of the people of Mlami, therefore on that basis I cast my
vote, yes for the motion.
(applause)
Mr. Plummer: Mr. Mayor I said the motion had to be in two parts. The
second part I would like to make at this time. I think the second part has to
be without question, based upon the fact we have lost twice in court, we are
now on appeal, the assumption has to be, that we are not in good shape. I am
very well pleased in the reduction to 770 units, and I would like to have that
770 units on that island. I want to guarantee that. I don't want 1200. I want
770, and I want to bind it to 770 units, withdraw the lawsuits and go with
the bird in hand. Mr. Lloyd tell me how my motion is to be phrased.
Mr. Lloyd: You should move to instruct the City Attorney to enter into
a covenant running with the land with respect to 770 units and with the stipulation
that the other party for a dismissal, it won't be a dismissal because we haven't
yet appealed.
Mr. Plummer: That will adequately cover and guarantee us we will not
have more than 770 units.
Mayor Ferre: In addition to that I think we want to get this restrictive
covenant.
Mr. Lloyd: The restrictive covenant would be what we are going to enter
into which is a covenant running with the land.
Mr. Plummer: Would you restate for me a motion?
Mr. Lloyd: With the proviso that they will accept a voluntary restrictive
covenant and I want Mr. Traurig to state in behalf of this client on the record
at this time, that this is voluntary and proposed by them.
Mr. Traurig: Mr. Lloyd, we submitted the restrictive covenant earlier in
this hearing voluntarily before any debate as to whether or not the R-3 or R-5
would apply to the property. We consider this a proffer of restrictive covenant
binding upon us notwithstanding any other action taken by the city.
Mayor Ferre;Let me understand so we understand ourselves here, that
770 units, period.
Mr. Traurig: Yes.
Mayor Ferre: No hotel units no efficiencies----770 units,
Mr. Traurig: That included 1 believe 720 apartments and 50 hotel rooms.
Mayor Ferre: I will only vote for as I understand this what you said,
which is 770 units.
Mr, Acton; Mr, Mayor if I may, he has 50 hotel rooms in there, ---
Mr, FLummer:,----=a total of 770 units. Mr, Lloyd would you please
APR 2 2 iV6
phrase the motion for me since you are the one who would have td defend it
so you can put in the proper terminology.
Mr. Lloyd: ---hove to accept the declaration of restrictive covenants
as proffered voluntarily by the Southeast First Nation hank as trustee and
to direct the City Attorney not to appeal from the decision of the lower
court.
Mr. Plummer: Mr, Mayor I offer that in the form of a motion,
Mayor Ferre: is there a second ?
Mr. REboso: Second,
Mayor FErre: As I understand it, what in effect we are doing, before I
vote I want to get a clear picture of where we are going. Are you going to
drop the lawsuit?
Mr. Lloyd: No, we are doing the dropping.
Mayor Ferre: We are dropping the suit?
Mr. Lloyd:Actually we are not going to appeal from an adverse decision
of the lower court.
Mayor Ferre? We are not going to appeal but these people then are going
to be restricted by that covenant on that property to these units which is 770 units
and that includes hotel units and everything else. Do I understand that correctly?
Mr. Lloyd: Yes, sir.
Mayor Ferre: You are telling me we can vote on this legally?
Mr. Lloyd: Yes.
Unidentified person: I understand what is proposed, you are going to
enter into a contract with the developer based upon a document which he has
submitted to you which has not been seen by the public, has not been published
you have a copy, we have not seen it, ---
Mayor Ferre: Can we do this on first reading?
Mr. Lloyd:No, this is a resolution.
Mayor Ferre: What happens beyond this?
Mr. Lloyd:We will accept it.
Mayor Ferre; There is no coming back on this?
Mr. Lloyd: No, this is the end. You will make it a motion and I will
bring it up as a resolution.
Mayor Ferre: All of you who want a copy of all of this, if you will
give your name to the clerk he will notify you and send you copies so we will
get public exposure on this. I will recognize you forthe purpose of discussing
this item when it come up in its final form. Is thatcorrect Mr. Lloyd?
Mr. Lloyd: Yes, sir.
Mr. Plummer: This gentleman would like to bring up some facto about
what he feels is Pertinent to this case and it is up to the chair to allow
it,
Unidentified person:The one concern I have this hotel being auddeuly
being injected into the matter, when you have a hotel that mean a liquor
license,that could mean the same as down here in the Grove a private club
situation with outside members and this traffic control, by the number of
units would be destroyed if they permitted to have things of that 14ind.
106 APR 2 2 /6
It is bad enough from out standpoint, the point We ate at now. Unless it
is restricted to use and enjoyment of the actual residents on the premises,
it isn't worth a dime as fat as controlling traffic.
Mayor Ferre: As t understand what happened before is this, the 1982 units
had hotel rooms in the project. Is that correct?
Mr. Plutmner; In the 1200 Mr, Mayor, 200 were hotel rooms.
Mr. Traurig: We are cutting it back to 50.
Mayor Terre: Anybody
you name to the Clerk and
has it ready, at least 10
it ready by the 3rd, that
sufficient time?
who wants to be involved in this process, give
you have Mr. Lloyd's commitment, as soon as he
days before the 13th, that means you have to have
gives you tomorrow and all of next week. It that
Mr. Lloyd: Certainly. How do you want me to do that?
Mayor Ferre:They will sign their name to the Clerk and the Clerk
will give you the list, you tell your secretary to mail them a copy,
and if they want to talk to you, to come in and talk to you, or somebody
in your office, whoever it is you designate to do this.
Mrs. Gordon: I have a c!+!A‘tion Mr. Mayor. To the person who wrote the
covenant, Traurig, did you prepare this? Was it your intention in anyway to
restrict the uses, the accessory uses to the inhabitants of the island?
Mr. Traurig: We didn't deal on that subject. Mrs. Gordon. We limited
the covenants to the three items specifically set forth, that was height
density and FAR.
Mrs. Gordon: Would you consider that as part of your covenant?
Mr. Traurig: I would have to discuss that with the representatives
of the owners.
Mayor Ferre: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-434
A RESOLUTION TO DENY GRANTING CHANGE OF ZONING CLASSIFICATION FROM
R--5 (HIGH DENSITY MULTIPLE) TO R-3 (LOW DENSITY MULTIPLE) FOR
PROPERTY KNOWN AS FAIR ISLE.
(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 Rose Gordon
Mayor Maurice A. Ferre
NOES; Mrs. Gordon. Absent: Rev. Gibson.
APR 2 219/6
The following motion was introduced by Commissioner Plotter # Who
moved its adoption:
MOTION NO, 76-435
A MOTION OF INTENT TO ACCEPT THE DECLARATION OF
RESTRICTIVE COVENANTS AS PROFFERED VOLUNTARILY ON
TiiIS DATE BY THE SOUTHEAST FIRST NATIONAL BANK OF
MIAMI, AS TRUSTEE, AND CONTAINING CERTAIN STIPULATIONS,
IN CONNECTION WITH THE DEVELOPMENT OF FAIR ISLE, AND
AUTHORIZING AND DIRECTING THE CITY ATTORNEY NOT TO
APPEAL FROM THE DECISION OF THE LOWER COURT IN THIS
MATTER
Upon being seconded by Commissioner Reboso, the motion was passed
and adopted by the following vote:
AYES: Mr. Reboso, Mr. Plummer, Mayor Ferre.
NOES: Mrs. Gordon.
ABSENT: Rev. Gibson.
Mayor Ferre: Now, Mr. Calhoun, on a personal previlege.
Mr. Calhoun: Mr. Mayor, Mr. Reboso used my name as an excuse for his
vote, and I resent that because that is untrue, I think he made a mistake.
The record will show I never represented a client before this Board. What he
is referring to I think, I represented myself in an apparent error made by
the Planning Department on Highway 1 frontage, which I own, and Mr. Acton
very graciously corrected the error. So I was not here representing any client
against a zoning roll back. I would like the record to reflect that sir.
Mr. Reboso: It was a change of zoning, Mike.
Mr. Calhoun: No, you are incorrect. You used it out of context. You
didn't mean to, but for the record, it was not me here to represent a client.
Mr. Reboso: What was specifically the case?
Mr. Calhoun: On a piece of property I owned at the time, that had already
been built on, by a three story residential building, ----
Mr. Reboso:---that is zoned what?
Mr. Calhoun:----R-5,---
Mr. Reboso: The department was recommending it to be changed to what?
Mr. Calhoun: The department recommended the whole area to be zoned back
to R-3 or R-2 and it was already built on, it was already there. I corrected
them of the error along with the Hotshoppe Restaurant property. I did not
represent anyone. I was here correcting a mistake. I was representing myself.
There is no fact to it at all Commissioner, you made a mistake and I want the
record to reflect that. I have never represented a client before this board.
A04 22 7
55, REGULATION OP VEHICI, s TR•ANtPMTING sTMENTs.
Mayor Ferret .,,Duting the period between .first reading and second reading, Mr,
_ Andre ts, t Could expect that if this thing passes that the administration would
gibe this full scrutiny and the Law DepartMent would also attd if there ate any
hesitations or questions that come up that you Mould so express at that time.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 56 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, BY ADDING A NEW ARTI-
CLE VII THERETO AUTHORIZING ISSUANCE OF SPECIAL
LIMITED CERTIFICATES OF PUBLIC CONVENIENCE AND
NECESSITY FOR VEHICLES ENGAGED IN TRANSPORTATION
OF CHILDREN TO AND PROM SCHOOLS OTHER THAN THOSE
VEHICLES OWNED BY ANY COUNTY SCHOOLBOARD, AND
ESTABLISHING CONDITIONS REQUISITE TO SUCH ISSUANCE;,
FURTHER AUTHORIZING DISTRIBUTION OF DECALS TO BE
AFFIXED TO EACH VEHICLE OPERATING UNDER SAID
CERTIFICATES AND REQUIRING THE PRIOR DETERMINATION
THAT SUCH VEHICLE IS IN A SAFE OPERATING CONDITION:
PROVIDING FOR AN ANNUAL FEE OF $75.00 PER VEHICLE
AND CONTAINING AN EFFECTIVE DATE; REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CON-
FLICT, INSOFAR AS THEY ARE IN CONFLICT; AND CONTAIN-
ING A SEVERABILITY PROVISION.
Was introduced by Commissioner Reboso and seconded by Commissioner Plummer
and passed on its first reading by title by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
56, URGE DADE COUNTY TOQ IM+'IEDIQTELY PROVIDE INSPECTION FACILITIES IN CITY OF MIAMI
FOR INSPECTION OF t'RIVATE SCHOOL BUSES USED FOR TRANSPORTATION OF CHILDREN.
The following resolution was introduced by Co^ctissioner Reboso, who moved
its adoption:
RESOLUTION NO. 76-436
A RESOLUTION URGING THE DADE COUNTY COMMISSION TO IMMEDIATELY
PROVIDE INSPECTION FACILITIES WITHIN THE CORPORATE LIMITS OF
THE CITY OF MIAMI FOR THE INSPECTION OF PRIVATE SCHOOL BUSES
THAT ARE USED FOR THE TRANSPORTATION OF CHILDREN.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote -
AYES: Mr. Plummer, W. Reboso, Mrs. Gordon and Mayor Ferre.
NOES; None,
ABSENT: Reverend Gibson.
109
APR 221976
571 AMEND SECTION 56--129 OF CODE, LICENSING REQUIREMENTS OP TAXIOA$ tIVAS
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SUBSECTION (b) OIL
SECTION 56-129 OF THE CODE OF THE CITY OE IttAMI BY
DELETING SAID SUBSECTION (b) AND SUBSTITUTING IN
LIEU THEREOF A NEW SUBSECTION (b), PROVIDING AfDtT-
IONAL QUALIFICATIONS FOR PERSONS ISSUED A CtRAUFF`EIIR'S
REGISTRATION; REPEALING ALL ORDINANCES, CODE SECT-
IONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY
ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVIS-
ION; AND PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Reboso, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed
to by the following vote:
AYES: Mr, Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
ABSTAINING: None.
Whereupon the Commission on motion of Commissioner Plummer and
seconded by Commissioner Reboso, adopted said ordinance by the following
vote:
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
ABSTAINING: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8547.
The City Attorney read the ordinance into the public record
and announced that copies were available to the members of the
City Commission and to the public.
58. ERSONA APPEARANCE OF CARGOS FERNANDEZ & MARIA El �11A T ON BEHALF' OF THE
ITTLE VANA DEVELOPMENT IUTHORITY; ALLOCATE $3,000 FROM EDERAL KEVENUE
HARING UNDS TO ASSIST IN PROVIDING STAFF FOR ITS ACTIVITIES.
::r. Carlos D. rernonde=: my name is Carlos rernardez. I'm oVer here as Chair-
man of the Little Havana Development Authority. I don't feel like I should fur-
ther tax your patience or mine, we've been waiting for five hours. But the pur-
pose of our organization is that to serve as a bridge between the people in the
Little Havana area and the government bodies such as the City of Miami and the
County of Dade and the State of Florida.
Mr. Reboso: What do you want, Carlos?
Mr. Fernandez: What do I want? Well, (1) we would like for you to know that we
exist (2) that perhaps there may be some funds that we could use to put a staff.
Mr. Reboso: As I said before, Mr. Mayor, I'm willing of the $4,000 that I have
in the Federal Revenue Sharing moneys to give a thousand dollars.
Mayor Ferre: I give a thousand dollars too. Where did Plummer go?
Mr. Plummer: How can I say no to Carlito?
Mr. Fernandez: Thank you, Mr. Plummer, I appreciate it,
Mayor Ferre: And if Father Gibson is listening I'm sure he give you four.
Mr. Plummer: Carlos, that account has been tinkered with so much you'd better
check to make sure the check is good.
Mayor Ferre: .., legal, obviously. There's a motion and a second if it is legal.
11Li
APR 221976
The following motion was ihttoduced by Cotnnissionet Reboso, who moved its
adoption:
MOTION NO. 16=437
A MOTION OF INTENT TO ALLOCATE $3000 FROM FEDERAL REVENUE SHAR-
ING PONDS FOR THE PURPOSE OF ASSISTING THE LITTLE HAVANA DEVELOP-
MENT AUTHORITY IN PROVIDING STAFF FOR ITS ACTIVITIES, SUBJECT
To OPINION FROM THE CITY ATTORNEY WITIt RESPECT TO THE LEGALITY
OF SUCH ACTION.
Upon being seconded by Cotmnission►er Plummer, the motion was passed and
adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Terre.
NOES: None.
ABSENT: Reverend Gibson.
59, .AMERICAN CANCER SOCIETY'S BICENTENNIAL ROWING REGATTA AT MARINE STADIUM, WAIVE FEE
WHEN CERTAIN STIPULATIONS ARE METi
Mr. Puig: Mayor, you know that the City of Miami has been selected for the
BiCentennial Rowing Regatta and Mr. and Mrs. Area here, we would like to
_ see if we could get from the city the full support. Are needs are full support
and publicity like we have been helped before ...
Mayor Ferre: Mr. Andrews, you'd better listen.
Mr. Puig: And the American Cancer Society is going to get all the benefits
that are taken out of that.
Mayor Ferre: What do you specifically want?
Mr. Puig: Well, we want as much support as we can in publicity.
Mayor Ferre: This is the American Cancer Society's Regatta?
Mr. Puig: Yes, the Bicentennial schedule and it is going to be recognized by
Third Century.
Mayor Ferre: All right. Is that all you want?
Mr. Puig: No. We would like to see if the city will waive the fees of the
Marine Stadium and would like for the city to waive the 38% on the food profits
so they can be awarded to the American Cancer Society on that date.
Mr. Andrews: Does this involve the Miami Rowing Club?
Mr. Puig: Yes, this is the Miami and the Big Five Club.
Mr. Andrews: You could entertain that after they pay the bill which we've sent
them a third notice of $460.50. Administratively I want the record to reflect
that I'm not recommending this to the commission until we get that in cash.
Mr. Puig: W. Manager, I think there was a mistake because when it was given
last year that was given to us, it didn't show in the record I agree, in the
motion but we were told that they were going to give us transportation too which
we are asking this year again.
Mr. Andrews: No. This is very clear, the record, as to what is due the city.
Mr. Reboso: What is the solution? What date is
Mr. Puig: It is on July 24 and 25.
Mr. Reboso; Can we leave it until the next City Commission Meeting?
Mr. Puig: We have commitments with Third Century U.S.A., the American Cancer
Society and probably the Miami Herald who would be the sponsors. We have to
know if we have the stadium or not because maybe we have to hold the race some-
where else,
Mr. Reboso; Today the City Manager says there is no way we can go ahead,
111
APR 221976
Mt. Puig: Well, we were promissed, we didn't order any buses last yeati we
had one in the airport when the Mexican team arrived, We f igutecl that the city
was donating the service, six months later we got a bill fot it. We donated
all the money that we had left from the regatta last yeat was donated to the
Variety Children's Hospital. If we knew we had any bills coring after that We
would not have done that and that's the point I'd like to bring up. We did
riot know we were committed to that bus ball until six months later. If we had
known that we would not have sent a check to the Variety Children&s ROspitai
like we did until we had paid that bill.
Mr. Reboso: Paul, can we deduct the money before they send the check to the
Cancer Society this time and we deduct this money...?
Mr. Andrews: If they'll commit another $500 excrow against bills that they
might run up at this one.
Mr. Reboso: Can you do that?
Mr. Puig: Well, we're asking to the city to give us the fees so I mean...
Mr. Andrews: But it isn't free, there's out of pocket expenses. When we give
these events there is personnel...
Mr. Reboso: Yes, there is some expense involved.
Mr. Puig: I agree on that.
Mr. Reboso: You agree to that? It is in escrow with the city.
Mr. Puig: I agree. Then do we have those two dates, Because we've got four
countries coming?
Mr. Southern: Mr. Mayor, I need a little clarification on that.
Mayor Ferre: The motion was that the Cancer Society and their associates will
not only pay four hundred and some odd dollars, $460 that is presently due but
will further put $500 in escrow in addition to cover any other contingent expenses
and with that (1) we will guarantee the dates, we will waive the rental of the
fee and....
Mr. Puig: The 38%,
Mayor Ferre: I don't know about that.... and whatever the food profits are so
that you can pay us our 8 or $900 and so on.
Mr. Andrews:
Mayor Ferre:
Mr. Andrews:
UNIDENTIFIED
Mayor Ferre:
You can't waive the concession fee.
We can't waive the concession fees.
That's a precedent we can't set, Mr. Mayor.
SPEAKER: We talked to Mr. Gorgus and...
He doesn't have the final say, there is the boss.
UNIDENTIFIED SPEAKER: Well, thank you very much, Mr. Mayor, in
American Cancer Society.
the name of the
The following motion was introduced by Commissioner Reboso, who moved
adoption:
MOTION NO, 76-438
A MOTION OF INTENT TO PUBLICIZE ':-1E AMERICAN CANCER SOCIETY'S
BICENTENNIAL ROWING REGATTA, AND AGREEING TO WAIVE THE FEE FOR
USE OF THE MARINE STADIUM FOR THE TWO DAYS WHICH SAID REGATTA
WILL BE HELD, CONDITIONED UPON PAYMENT BY SAID ORGANIZATION OF
$460,00 DUE THE CITY AND A FURTHER ESCROW DEPOSIT OF $500,00
TO GUARANTEE PAYMENT OF NECESSARY EXPENSES IN CONNECTION WITH
THE FORTHCOMING EVENT.
its
Upon being seconded by Commissioner Plummer the motion was passed and adopted
by the following vote - AYES; Mr, Plummer, Mr, REboso, Mrs. Gordon and Mayor Terre.
NOES; None,
ABSENT; Reverend Gibson.
114 APR221976
60i ALLOCATION OP REMAINING UNALLOCATtb REVENUE SNARING FUNDS+
Mt, I Eboso t lose; have you given amity already your Money, Federal Revenue
Sharing?
MYg, Gordon: Sure, 1. gave,,,,
Mt. Reboso: I want to give mine right now so I don't have any mote commitments.
Ok. Pot the $3000 remaining in the Federal Revenue Sharing $1500 of mine goes
to Dicky Curz Out Reach and $1500 to Youth Co-op.
Mayor Ferre: Mano10 I hate to tell you, excuse ine. You've already given $1200
out,.. Ok, one thousand. Alright, put me doing the sage thing. That's it,
it's all gone. Father Gibson is the only guy with any money left.
Mt. Plummer: I don't have any left?
Mayor Ferre: Yes, you've got some left.
Mr. Plummer: Well, I can tell you just for the record, Mr. Southern, any moneys
that I have left I would want to go to the Brothers of the Good Shepherd.
Mayor Ferre: Alright, let the record reflect how we've distributed our funds.
The following motion was introduced by Commissioner Reboso, who moved its
adoption:
MOTION NO. 76-439
A MOTION OF INTENT THAT THE REMAINING UNALLOCATED REVENUE SHAR-
ING FUNDS THE SUM OF $3,000.00 BE SET ASIDE FOR THE "NICKI CRUZ"
OPERATIONS AND $3,000.00 BE SET ASIDE FOR THE YOUTH COOP; AND
$3,000.00 BE SET ASIDE FOR THE BROTHERS OF THE GOOD SHEPHERD.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
Mayor Ferre: I want to say good night, Father Gibson.
ADJOURNMENT: THERE BEING NO FURTHER BUSINgS TO kOMIE BEFORE THE Cm'
COMMISSION THE MEETING WAS ADJOURNED AT I.O:UUUU 0 LOCK rm.
Mawu.ee A. Fehae
MAYOR
ATTEST: H. 0. Southall
CITY CLERK
Ralph G. Ongie
ASSISTANT CITY CLERK
y,
f.v / - ^' i
113APR 22 1976
cr, v OF MiAMI
DOCUMENT
INI EX
MEE1 ING DATE:
April 22, 1976
ITEM NO
1 COMMISSION AGENDA AND CITY CLERK REPORT
DOCUMENT IDENTIFICATION
COMMISSION
ACTION
RETRIEVAL
CODE NO.
2 ACCEPTING THE COMPLETED WORK PERFORMED BY AD-
A-LITE ELECTRIC, INC. AT A TOTAL COST OF
$75,238.45
3 ACCEPTING THE COMPLETED WORK PERFORMED BY A.J.
HOUSE & SONS, INC. AT A TOTAL COST OF
$101,942.75
4 ACCEPTING THE PLAT ENTITLED THIRD ADDITION TO
FOUR-WAY LODGE ESTATES, A SUBDIVISION IN THE
CITY OF MIAMI
5 ALLOCATING THE ADDITIONAL AMOUNT OF $126,549.0
FROM THE ACCOUNT ENTITLED "SANITARY SEWER
BOND FUND".
6 ALLOCATING THE ADDITIONAL AMOUNT OF $12,534.00
FROM THE ACCOUNT ENTITLED "STORM SEWER BOND
FUNDS" TO COVER FEES OF PUBLIC WORKS DEPARTMEN
r
0061
R-76-394 76-394
R-76-395 76-395
R-76-396 76-396
R-76-397 76-397
R-76-398 76-398
7 ALLOCATING THE ADDITIONAL AMOUNT OF $15,325.00
FROM THE ACCOUNT ENTITLED "HIGHWAY BOND FUNDS"
TP COVER THE FEES OF THE PUBLIC WORKS DEPART-
MENT FOR DESIGN, SURVEY AND INSPECTION COSTS
FOR THE PROJECTS (LISTED IN SECTION 1 OF THIS
RESOLUTION. R-76-399 76-399
8 ALLOCATING THE ADDITIONAL AMOUNT OF
$1,616.00 FROM THE ACCOUNT ENTITLED "POLICE
HEADQUARTERS AND CRIME PREVENTION FACILITIES
BOND FUNDS".
9 ALLOCATING THE ADDITIONAL AMOUNT OF $6,055.00
FROM THE ACCOUNT ENTITLED "PUBLIC PARKS &
RECREATIONAL FACILITIES BOND FUNDS" TO COVER
THE FEES OF THE PUBLIC WORKS DEPARTMENT FOR
DESIGN, SURVEY AND INSPECTION COSTS FOR THE
PROJECTS (LISTED IN SECTION 1 OF THIS RESOLU-
TION.
10 AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE
OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEP-
TANCE BY THE CITY COMMISSION OF THE COMPLETED
CONSTRUCTION OF GLENROYAL SANITARY SEWER IM-
PROVEMENT SR-5374 C
11 AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH A CERTIFIED PUBLIC ACCOUNTING
FIRM FOR THE EXTERNAL AUDIT OF THE FINANCIAL
ACCOUNTS,
R-76-400 76-400
R-76-401 76-401
R-76-402 76-402
R--76-403 76-403
11 NO+ DOCUMENT IDENTIFICATION
12
13
14
15
16
17
18
19
20
21
22
23
24
MENTINDEX
6CONTINUED
ACTION CODE NO,
AMENDING RESOLUTION NO. 76-226
APPROVING THE ACTION TAKEN BY THE CITY MANAGER
IN THE SUBMISSION OF A GRANT APPLICATION TO
THE JOSEPH P. KENNEDY, JR. FOUNDATION FOR A
DAY CAMP PROGRAM
ESTABLISHING THE POLICY THAT DIRECT COSTS
ASSOCIATED WITH THE CITY'S SHOWMOBILE BE PAID
BY THE USER WHEN THE NORMAL FEE IS WAIVED BY
THE CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT
APPLICATION TO THE FINE ARTS COUNCIL OF
FLORIDA FOR A CULTURAL EXPOSITION PROGRAM
AUTHORIZING THE CITY MANAGER TO SUBMIT A
GRANT APPLICATION TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT FOR A PEDESTRI-
ANIZATION OF "LITTLE HAVANA" PLANNING PROGRAM
ACCEPTING THE BID OF MOTOROLA C&E INC. FOR
FURNISHING THE FIRE DEPARTMENT WITH FOUR PORT-
ABLE EKG TELEMETRY MODULATORS, TRANSMITTERS
AND RECEIVERS, AT A TOTAL COST OF $12,480
ACCEPTING THE BID OF PHYSIO-CONTROL CORP.
FOR FURNISHING THE FIRE DEPARTMENT WITH FOUR
BATTERY OPERATED DEFIBRILLATOR CARDIOSCOPES
AND RECORDERS, AT A TOTAL COST OF $17,980.
ACCEPTING THE BID OF F. BILBOA AND ASSOCIATES,
INC. IN THE AMOUNT OF $429,340 FOR THE CON-
STRUCTION OF NEW FIRE STATION NO. 5
ACCEPTING THE BID OF HARLEY DAVIDSON OF MIAMI,
IN FOR FURNISHING 10 MOTORCYCLES, AT A TOTAL
COST OF $34,000 TO THE DEPARTMENT OF PUBLIC
PROPERTIES FOR THE USE BY THE POLICE DEPART-
MENT.
ACCEPTING THE BID RECEIVED FROM LAMAR UNIFORM
CO., FOR FURNISHING UNIFORMS, AS REQUIRED, AT
A UNIT COST, FOR USE BY THE FIRE DEPARTMENT,
ACCEPTING THE FOLLOWING BIDS FOR FURNISHING
THE POLICE DEPARTMENT WITH COLOR PHOTOGRAPHY
LABORATORY EQUIPMENT.
ACCEPTING THE BID OF INTERCOUNTY CONSTRUCTION
CORPORATION IN THE AMOUNT OF $1,740,550.96
FOR BID "1-A" OF PROPOSAL FOR THE DELAWARE
SANITARY SEWER IMPROVEMENT SR-5390 C IN DELA-
WARE SANITARY SEWER IMPROVEMENT DISTRICT
SR-5390 C
ACCEPTING THE BID OF MARKS BROTHERS COMPANY
IN THE AMOUNT OF $382,700 FOR BID "B" OF PRO-
POSAL FOR THE DELAWARE SANITARY SEWER IMPROVE-
MENT SR-5390 C
R-76-404
R-76-405
R-76-406
R-76-407
R-76-408
R-76-410
R-76-411
R-76-412
R-76-413
R-76-414
R-76-415
R-76-416
R-76-417
76-404
76-405
76-406
76-407
76-408
76-410
76-411
76-412
76-413
76-414
76-415
76-416
76-417
CUMENTiNDEX
CONTINUED
DOCUMENT IDEN1IrXCATION N
ACTION .i_ Nb.._
ACCEPTING THE BID OF FLORIDA ECOLOGICAL CORP-
ORATION IN THE AMOUNT OF $341,432 FOR BID "1-
C" DELAWARE STORM SEWER PROJECT-1976
AUTHORIZING THE EXPENDITURE OF $10,000 FOR
PARTIAL FUNDING OF THE OCCUPATION PERFORMANCE
PROGRAM CONDUCTED BY THE COMMUNITY SERVICES
DIVISION OF THE DADE COUNTY FEDERATION OF
LABOR, AFL-CIO.
AUTHORIZING THE ISSUANCE OF A PERMIT TO CENTRO
MATER FOR AMUSEMENT RIDES AT 353 S.W. 4 STREET
DESIGNATING VICE -MAYOR ROSE GORDON AS THE
CITY'S REPRESENTATIVE TO THE DADE LEAGUE OF
CITIES.
AUTHORIZING THE CITY MANAGER TO ISSUE A PER-
MIT AND TO GRANT AN EASEMENT TO THE CITY OF
MIAMI BEACH IN ORDER FOR SAID CITY TO INSTALL
AND MAINTAIN A 54" FORCE MAIN ON CITY OF
MIAMI PROPERTY LOCATED AT VIRGINIA KEY
WAIVING THE RENTAL FEE FOR THE USE OF THE
RIVERSIDE COMMUNITY CENTER AUDITORIUM ON MAY
1, 1976 FOR THE TRADITIONAL CELEBRATION OF
CUBAN LABOR DAY.
AUTHORIZING THE EXPENDITURE OF $7,500.00 FOR
PARTIAL FUNDING OF THE 26TH CONGRESS OF THE
CHAMBER OF COMMERCE OF THE AMERICAS TO BE
HELD IN MIAMI JUNE 23-26, 1976
ALLOCATING THE SUM OF $10,600.00 FORM 1972
PARKS FOR PEOPLE RECREATIONAL FACILITY BOND
FUND TO PAY FOR APPRAISAL SERVICES TO WILSON
APPRAISAL CO., INC.
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
ATTORNEYS FEES AND COURT COSTS OF $51,109.25
TO KELLY, BLACK, BLACK & KENNY, P.A., AS
ATTORNEY FOR THE DEFENDANT -OWNERS OF PARCELS
7091-1, 7091-3 AND 7091-3A
AUTHORIZING WAIVER OF RENTAL FEE FOR USE OF
THE BAYFRONT PARK AUDITORIUM BY THE LITTLE
HAVANA ACTIVITIES CENTER, INC.
URGING THE DADE COUNTY COMMISSION TO IMMEDI-
ATELY PROVIDE INSPECTION FACILITIES WITHIN
THE CORPORATE LIMITS OF THE CITY OF MIAMI FO
THE INSPECTION OF PRIVATE SCHOOL BUSES, .
R-76-418
R-76-419
R-76-420
R-76-421
R-76-422
R-76-423
R-76-424
R-76-425
R-76-426
R-76-427
R-76-436
76-418
76-419
76-420
76-421
76-422
76-423
76-424
76-425
76-426
76t-427
76-436