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HomeMy WebLinkAboutCC 1975-02-12 Marked Agenda9 : 00 t+ 11111100.0010 CITY Co mTSS[nN MUTING CITY HALL = DINNER I':EY FEBRUARY I:', 197', Pledge of Allegf a.'cr• 2. Roacli.ut; of the Minot s PUBLIC HEAPING 4 1. ' * OBJECTIONS TO ACCEI"UANCF OF COMPLETED w''RK IN JEFFI RSoN HIGHWAY MPROVEMENT DISTRICT H -4350. * Resolution accepting the completed construction of Marks Brothers Company for JEFFERSON i1IG!'4AY IIENT P-435n in JEFFERSttN HHIGHWAY IMPROVEMENT DISTRICT H•-4350 at :: total cost of $404,264.89: authorizing an 'trr-rean' of the scope of the contract in the net amonnt of $4,199.89: and at•thorizin£ a final payment of 6.3,118.36. L1?''FND 1'Uit AGENDA USE: Marks B' others Company has completed the G rL}�ct+icrn of approximately 1-3i4 miles of streets, drainag: facilities, curb and gutter, and between N W. 7 and 12 A •er•ues, and N.'.' ''A 'nd Streets. it is new in order for the C-Tt-,isson • o a••cept the wort• and authorilr final pa}r''_•"• to the Contractor. Due to extra sidewalk remov, 1 and repl:rcc- rent there was an increase iv the scone cif the co' tr:c. in tip- n t amount of $4,199.69. There ar sufficte tt funds within the total allocation to co.:or the incren:,e in the contract amount. The project was completed within the time allowed by the Contract. N.E. CORNER N.W. 42ND COURT AND N.W. 14TH S ; RrET Lots 1 - 6, Block 1, LeJEUNF (ARDEN E STA FS ** City Commission on June 13, 1974 denied ti+ ion for Rezoning on the above. property. Ms. .cant. e I;evit z, attorney for the owners of the property, is appearit before the City Commission to request v;t,',er of the 18-month time limit for refiling the petition. A :•inf;le (*) preceding v i item indicates tl •• actual title of •i resolution and/or ordinance. A double ertt'trisk (**) precedin., on item Indicates either the subje'•t scatter of tltc item or snnrmlry explanation, ,citcl is not to he cc,t:trtced ;is being the title of 4 t { . •►l' t ion it'td/ot' ordip anc'o. 6. a ' , 9:30 A.M. 7. 40". „,41ferioolw ** *A CITY COMMISSION MCi:'I'iNC: FEBRUARY 12; 1975 PAGE 2 S.W. CORNER OF S.E, 4TH STREET AND 2ND AVENUE - Lots 38 and 39 and portion of Block B, VOR1 DALLAS P\ri: Sidney M. Aronovitz, attorney for City National Bank. to request consideration of a further exten.;ion of "Conditional Use" previously granted for construction of an interim parking lot at the above location. PLANNING ADVISORY BOARD ITEM ORDINANCE AMENDMENT ZONING DIS'l'RICT MAPS Ordinance to amend Ordinance No. 6871, otherwise known as the Comprehensive Zoning Ordinance of the City of Miami, Florida, to provide for certain changes and corrections on the Zoning District Maps and/or typographical errors in the text of the Comprehensive Zoning Ordinance; declaring this ordinance to he an emergency measure and dispensing with the requirement of reading the same on two separate days by a vote of not less than four -fifths of the members of the Commission. ** Planning Advisory Board meeting January 8 - Item ==3 Planning Advisory Board by 7/0 vote recommended amendment to Ordinance No. 6871 Planning Department recommended "Approval" APPEAL OF ZONING BOARD'S DECISION 2181 S. W. 16TH STREET Resolution granting a Variance from Ordinance No. 6871 Article IV, Section 9(1); and Article VII,„Spection 3 (2) (b), to permit construction of garAfe addition on existing duplex, with 3.95' side street setback (15' required), waiving platting requirements; being UNPLATTED Tract, at 2181 S. W. 16th Street; zoned R-3 (Low Density Multiple). ** Zoning Board meeting January 6 - Item '2 Zoning Board by 7/0 vote recommended Denial for Variance ONE OBJECTION Planning Department recommended "Denial" Applicant - Rene L. Dechard 8. ao ** CITY COMMISSION MEETING FE8141ARi 1^., 1975 PACT 1 PLANNING .. ADVISORY BOARD _.ITEMS APPROXIMATELY 3150 OAK AVENUE Ordinance nmending Ordinance No. 6871, the Comprehcns,ve Zoning Ordinance for the City of Miami, by changing t be toning classification of Lots 5, 6. 19 and 20. Bloch 1. CHARLES 11. FROW SUB (13-53) , at -approximately 3150 Oak Avenue. from R-1 (one family) ' o P-R (Pri-+ic Park and Recreationv District .6 116 Planninv Advis)ry board meeting January 8 - Item #4(-4. Ilan ling Advisory fkuard by 7/0 vo' .. recommended chang of zoni g classification TWO OBJECTIONS Planning Department recommended ' pproval" Initiated by Planning Departmen' b. ** Resolution granting permission as rer Ordinate,. No. 6871, Article Z.VITI. 1 . Section 4 (1) , to constrict new tennis courts with 12' fencing on Lots 1 t'ru 6 and 19 thru 24, Block 1 CHARLtiS ' i . FPOW SUB (' 3-'• ) . at approximately.31 0 Oak Avenue, subject to r,ovidir+! a 5' landscaped area along 12' fe cing and ma•o ry wall, and subject to establishing adeq 'ate sup rvisio- for the new tennis courts, zoned P-R (Public Park ..,d Recreation) and R-t (One Family). proposed to be rezoned P-R. ** Planning Advisory Board meeting; January 8 - Item #4(b) Planning Advisory Board by 7/0 vote recommended approval for construction of tennis courts TWO OBJECTIONS Planning Department recommended "Approval" Initiated by Planning Department 9. UNPLATTED - SOUTH OF EAST -WEST EXPRESSWAY BETWEEN 35TH AND 37TH AVENUES - Request for extension of "conditional Use" ** Request for extension of "Conditional Use" granted by ZB Resolution 132-74 to permit construction of Planned Unit Development , consisting of 12 units in 12 structures, at approximately 1400 N. W. 36th Avenue. 1Q O0_A.tt. 10:30 A.M. 1 �. 77 4/ :.f 4 /3/ .117 ..-� ,of 11:30 A.M. 1o. 11. CITY cofntSS1Oi7 MEETING FEBRUARY 12 j 1975 PAC;E 4 1'I\NNIrIG ADVISORY BOARD ITEM LITTLE RIVER COMME;RCIAL CENTER i'fu\ , T::r A }) oN FNG STUDY •• Resolution adopting the City or ,' i r,;ni. 1'l .:nr. i.n'.; Department- Study entitled "1.11 T;.1: RIND: ialM;CR('t:\1, (4IIF. R PLANNING AND ZONING STUDY" doted Septemt�er, 1974 ''c* Planning 1\c ri ;ory Board uer.ember !, .. er, 1'Irnni.0 Ayiec►ry i3O;ird I y 5/t) vote (tl:wo t::ernbt— absent) recommended °adopt ion of t he Study udIy Study initiated by Planni.ri); 1iep,irt:me:rt. PERSONAL APPEARANCE AND iiISCUSSir)N 1'fl{PIS Mr. Guy Bailey, • Attorney, reference Ball Point Property discussions held with City Attorney and City Manager, as requested by the City Commission. 12. Mr. Martir Fine to discuss (a) the proposed new Convention Center; (h) the proposed nrreernenl- with the Center for urban Studies at the ll i i.ver. situ of Mimi; and (c) operation and mnintennnce of City of Miami Parks. 13. Mr. Sigmund Zilber to discuss the City Code require- ment that an applicant for a ('certificate of Public Convenience and Necessity to operate a taxied' be able to pass a geography test. 14. Appearance by Mark L. Albury, Commodore, Miami Yacht Club, reference Miami Yacht Club lease at Watson Isla!:.'.. 15. Ms. Vjrginia Essex, Chairperson of the City of Niami Commission on the Status of Women, reference (1) appoi•it- ment of five members to the Commission to fill e':isti�'; +-- vacancies, and (2) a request for financing. PRESENTATIONS, PROCLAMATIONS AND Sl'I;t'I.\L ITt:'.S 16. a. Proclamation of February 14th as "1•t.\'tiV ?lcCLC 5c:1':" DAY", to he presented to Eunice Liberty, President r the local chapter of the National Council of Negro Women. h. Presentation or Go,mlendations to three outst..uidin:; women of the con nuni.ty in honor of ttro birthday of Susan D. Anthony. c, Present orlon of Cor,mit.ndat ion t o Ile, ::o1antlo tri 1 leis for his efforts in the eonmmnii.ty, d Appearance of member:; of 1►:tdo'r; i'rrplov t'ho Il:nrdicappeil Cofmni.t•tee to take photographs of t.h.' 110'W p,!r l;iro; outside tile.! City Halt hrrildi'g deiitled for the diSalried, 1 (/)>21-, •'`i (7illt. )1114i(" Y.-45 CITY COMMISSION MEETING FEBRUARY 1.2, 1973 PAGE 5 * * ADJOURN FOR LUNCH 2 00, .1',�C, ** . PUBLIC HEARING 17Public hearing to receive and consider recomn ndations * S g C g` ,�u for CLAUGIII'ON ISLAND, a 44-acre island locate' in , / ,o L � Biscayne Bay, as n Development of Regional Impact, and the issuance of r. Development Order. City Conunission on January 23rd deferred to February 12th at the request — of the developers. a. * Resolution issuing a Development Order, pproving with modifications Development of Regional Im ace on the proposed development by Edward N. Claughton, Jr. and Frates Properties, Inc. for Unplatted Claughton Island, located in Biscayne Bay at the foot of S.E. 8th Street, after conducting a public hearing as required by Chapter 380.06, Florida Statutes and City of Miami Ordinance No. 8290, and considering the report and recommendation of the South Florida Regional Planning Council and the Planning Advisory Board of the City of Miami, subject to the conditions of the .)evelopment Order attached hereto as Exhibit "A". ** Planning Advisory Board meeting 'ecember 18 - Item ;`l Planning Advisory Board by 6/0 '. Dte recommended issuance of Development Order Planning; Department recommended "Denial" Applicant - Frates Properties Inc. b. * Resolution granting approval of the "Special Planned Development Application" as presented by Edward N Claughton, Jr. and Frates Properties Inc. for Unplatted Claughton Island, located in Biscayne Bay at the foot of S.E. 8th Street, in accordance with Ordinance No. 6871. Article XXI-3, SPD-1 (Central Island District), subject to the following conditions: 1. Maximum net floor area ratio of 2.5 or maximum net floor area ratio of 3.24 i the developer dedicates, develops, and perpetually mai•!- tains a 3.5 acre public park on the west shore of the island; 2. The maximum residential density shall be 58 dwelling units pctr acre; 3. The maximum non-residential •.•f coo floor area shall be 1,138,476.75 square feet; 4. The permitted uses shall be as set forth in Paragraphs 1 through 12 of the Use Regulations in the SPD-I District together with the following: night club, package liquor store, restaurants, tea rooms or cafes, sporting goods, theater, private club or lodge and other similar uses ilot operated for profit, duplicating center not including typesetting and letter press, parking lots as temporary uses during construction only, food, meat or vegetable market, facilities for dispensing gasoline, motor oil and incidental automotive services enclosed as a portion of a parking facility with no exterior advertising; 5. The exiting peak P.M, hour traffic shall be limited to 800 vehicular trips; 6, Encourage the developer to provide additional visual vistas through the island from the mainland on the west; and 7. Encourage the developer to provide et least 300 units for medium moderate income housing. ** Planning Advisory Board meeting December 18 - item #2 Planning Advisory Board by 6/0 vote recommended approval. Planning Department recommended "Denial" Applicant = Frates Properties lnc. 41 P3\51' CITY COMMISSION MEETING FEtRUARY i2* 1_915 • PAGE 6 UNFINISHED BUSINESS „.t.. SECOND READING * Ordinance nplending certain lit). -sections of the ninmi City Fmplovpp,:' Retirernent Svsri.r1 0)rdinonce TeceTher 1) a!; —lerded); a! oralrin in coditi cation h,r; • a part of Chnotot of thi. rod,. ,0 thv City ol lj MoridA, 19W, a.: avamdi,d, clort, repealitu; :00,-evtiuu.; II awl 11 ol Section 2-91 (II said ch.ipter 2 entitled "f!.. of Ueneficiarie Retirod on iwcwint ot N!;ahii •ot:1 '4n11!;t1tntin!; thc.retor nu11-4ections II, I?, .:-1 12-2 oL Section 2-91 cn.itled "f,irtitation o: Benefits and Reexamination oF renefici;trif,s Izetired on Account of Disability", therehv givin the Retirement Board oE the Hiami Cttv Employees' Retirement System the authority to limit pension benefits oF members receiving disability retirement benefits when said members perform services which are substantially equivalent to duties that can be assigned ithin the cIasaification from which the member was rettred; pro- viding further for the reduction of pension benefits of a member receiving accidental disability retirement when the member is engaged in performing services which are substantially equivalent to the duties that can be assigned within the classification from which the employee was retired when the memler's salary from said occupation when added to the sum the member is receiving on account of accidental disability exceeds 100 per cent of the salary for the classification from which the employee was retired; providing hirther for the receipt by the Retirement Board of informa-:ion concerni, salary and type of employment of members recelvieF; nccidental disability retirement benefits; providing further for physical examination of members receiving disability retirement allowance; providing further for the procedure to be followed in the event a member re- ceiving an accidental disability retirement in able to perform service within his classification in accordance with the requirements of the Civil Service Rules and Regulations oE the City of Miami; providing Further for the right of payback of contributions to the Miami City Employees' Retirement System in the event an employee is returned to duty after receiving an accidental disability retirement; providing furth)r for physical examination of A member receiving an ;-‘,:cidentn1 dis- ability retirement allowance at the place of residence of a member or at a place mutually agreed upon by the member and the Retirement Board; providing further for the procedure to he taken in the event a member receiving nn accidental disability retirement allowance refuses to submit to a physical examination; providing further for the termination of an ac!cidentat disability retirement allowance when a member who is receiving said allowance is no longer incapacitated hut refuses to accept emplov- went offered to him; provldfn:; further for the assign- ment ol any remher to :fuv other job clat;sification when said member Is unable to pertorm within his or her classification providing the Iplovee consents to such assignment; and, further provlAing thAt the employee's (continue(' on Collowitw, pov,e) CITY COMMISSION METING FEBRUARY 12, 1975 PAGE 7 UNFINISHED. BUSINESS SECOND READING R. (contin'.re'l prrct,di' ' l>•!c;e) ** E;nlilry in t b• now joh c l :':; f f is at 1. U sit;! 1 1 ''t' no than 100J f••' t ;":t of the employees jt,h t• 1 11 -t he w:.t:: t r :t • rrred; t j. e:tl lttK all nrdln,tr,, t': or parts t it'•t c'E in rc:tf l 1ct Insofar a.: tbt'v , in cct -- flict; c„rt,!H'tittN• ;I ...vDrntlLttty nr-oviSiuw; cl+ *'lt'•- this ordi•,an,, to he .rtt ars ncv 1 1^urt', fli l?• :,� in{ With the re•l+t i. r•ement of reading the same on two : epar,it e days by ;r •'' e of not lt's : than four-f i frhs of the members of the Cornmi•ysLon. Passed on first reading City Commission meeting Janu:try 23, 1975 Introduced by - Commissioner Reboso Seconded by - Commissioner Gordon Ayes - commissioners Gibson, Gordon, Plummer and Reboso Absent Mayor Ferre b. * Ordinance amending certain subsect ions of the Miami City Employee':' Retirement System (0t.dinance No. 2230, December 6, 1939, ns amended) and th t Miami City General Emplo-,•ees' Retirement Plan Ordinance No. 50 74 , May 2, 1956, as wended) as appearing in codification form as a part of Chapter 2 of the Code of the City Of Mi,r' Florida, 1957, as amended, more particularly rep .al ittg subsection (10) of Section 2-91, and substituting therefor a new subsection (10) of Section 2-91 and repealing subsection (9) of Section 2-109, and substituting there- for a new subsection (9) of Section 2-109, terminatinc,, the provision allowing for return of contributions to members who have received an accidental disability retirement and providing for return of contributions to members except in the case of death or retirement, with exceptions; repealing all ordinances, Code sections or parts thereof in conflict, insofar as they are in con- flict; containing a severability provision; declaring this ordinance to he an emergency measure; dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths ('t/S) of the members of the Commission. ** Passed on first reading City Commission meeting January 23, 1975 Introduced by - Commissioner Reboso Seconded by - Commissioner Gordon Ayes - Commissioners Gibson, Gordon, Plummer and Reboso Absent - Mayor Ferre Cr.y COMMISSION MEETING FEBRUARY 12, 1975 PAGE 8 UNFTNIS1if D BUSINESS _ SE:CW:[) PWAD'tN: r * Ord 1t ;inn '"' f• 1rl1 l:' 1-t•t t .1111 't! '•t'r't t nl t11•• tlt It i (ti . t i:'tt f•ttt ` :tr-r, 1l' 1 II;Ce' t:e. �1t, lie•.', tlbet t. 11n1, .e; l': N I ( Clttr, ttt cnrll t j Catieln f In- it 1rt ntt (:(11tntt•, ,t tlt, (tnd nt the City el! tt - i 1 It ri:t 111' t e le•r ;•nt'e tart ict; 111v L u!1t;; t t 'I id I t r 'i 1' ep..ali ti•1h:.' (11(); • t.t(.') and (I11 .if .�11,1 t,.t ion�tl, lTPlll�r+r1•r and •Ill .! tie; It!.; t here for et •;011 e•rtjor, t1C•1 (b') a_id (c) u n t i..t t "I O ;:titl rh:lt•ttnr 2 ilr(lvi•1l, 1; for accident. d c, i;ervice:-in::urr.'t1 di, •hj.lits' retirement nl low 1t ;'!'o'idj.t•:; for tl•e procr•r_ttre t by Co/lowed by th,- I< r 1 •,rient Beard of t11e t'ii amt. ulty l'.rnplovees' i-etiremer t ),.s1 em when considering •n application for nLcidenti or service -incurred disability retirement; pro' ding''or the definition of total and permanent disa''lity providing further for the Retirement Board to receive all available lnformatirt when considering an appli•.atiott for accidentalor service -incurred disa'iility retirement; repealing all ordinances, Code sections. or parts thereof in conflict, insofar as they are in conflict; containing 1 severabitity provision; decliriret this ordinance to he an emergency measure; dispensing with the requirement of reading the sine separate days by .i vote of not less than 4!i of the of he ',ts:li:;sion. a* on two member Passed of first reading City Commission meeting January 23, 1975 Intro'?u, end by - Commissioner Reboso Seconded by •- Commissioner Gordon Ayes ' C.nnnissioners Gibson, Gordon, Plummer and Reboso Absent - Mayor Ferre d * Ordinance amending certain subsections of the Miami City l't:lnloyees' Retirement System (Ordinance No. 2230. December 6, 1919, as Amended) and the Miami City General Employees' Retirement Plan (Ordinance No. 5624, May 2, 1956. as .nnended), as appearing in codification form ;11c 1! part of Chapter 2 of the Code of the City of Miami, Florida, 1151, as amended, more particularly amt. ding subsection 7 of Section 2-91 by adding an additioltai Section (c) thereto and amending subsection 6 of Section 1-109 by adding an additional section (c) thereto, providing tor a benefit equal to forty (40) percent of n ntember's monthly retirement allowance to the ,,Pause of n member who has died after receiving an accidental df•,.lhility retirement; repeatin; all ordi.- nane-v, code suctions or parts thereof in conflict; containing ;( se•verahi l lty provision; declaring this ordinance to he an emergency measure; dispensing with the t-e'qu1 r' u.••tlt of rending same n11 two separate days by tl vote of nor less than four-t i frhs (4,t'0 of the -- members of tlo' Commission. *,, glassed on first rending City Commission meeting fnnuary 73, 1975 Introducer) by - Commissioner Gordon Seconded by - Commissioner Reboso Ayes Col nni:;sioners Gibson, Gordon, Plummer and Reboso Absett l - I'`ayor Ferre CITY COMMISSION MEETING 1'1rB12UARY 12 t 1975 PACE 9 UNI•'INISHED fUSINESS _ SECOND _R.EADING. f. * Ordinance amending certain �uh:,e•ct'i-t ; {ei •;.• City Emplo':eest Petirnment. .;.:stem I)ecr'mber 6, 1'�1't, •t^ amended), dS ;,;,i,e iri. ir: c. ;!i. i. e tin form a:: a part. of Chapter ? of ?t:' t',, !.' .. t 1,• c'i t of 1liami, 1:1•+rtcda, 1057, as ended, r•.•rt• ge sir .l •; l . amending Sere' iott (?t` of said r.aapte!t bv r'e pe subsect t.t)n e t (:t), (h ; and (c j of rid ;,.c' i rrn untended, and substituting therefor new <:u!•:ee ti. 3(a) , (h) and (,•) of Section '15 or said t r•.4;' providing for tht' appointment of .i 5ucci :nr-1''•t:.t to administer the ;l!..-!mt City Employees' I•:.•ti remtent System Tntnt; providing further for the composition the Successor -Trustee; providing further the gn It i C i, .i- tians for the Trustees; providing further the tenure e•t the City Commissioner nerving on the Boar's eef 'trustees. providing further the tenure of the remaining members oE the Board oE Truntees other than the City Commissioner; providing further the method of appointment of S•tcces4or- Trustees; repealing all ordinances, Code sections or parts thereof In conflict, insofar as they Are in con- flict; containing 1 severability provision; declarirg this ordinance to he an emergency measure; dispensing with the requirement of rending the same on two separate days by a vote of not loss than tour -fifths of the members of the Commission. ** Passed on first reading City Conmtission meeting - January 23, 1975 Introduced b - (:ommi ssionet Rebo! o Seconded by - Commits i.oner Cordon Ayes - Commissioners Gibson, Gordon, Plummer and Reboso Absent - Mayor T'rtrr. e g• * Ordinance amending certain •:ul .ections of the City Employees' Retirement "`••item (Ordinance ,1o. ..'il December 6, 1939, as mended); a. appe lring in cydiCir.i- t'irn form as a part of Chapter of the Code of the t i t •.' of Miami, Florida, 1957, a'; amended, r.ore part icu amending Section 6 of Sectiurr 96 of said Chapter adding an additional Section (h) thereto, provi'!ir:� the posting of a fidelity hond by any person or f i •~- providing cervices for the Miami City !:rnplovees' rp., i re- pent System Trust when the services heine get'rforr'eit would subject said Trust to financial !o+ ,z; all ordinances, ('ode f:'•ct ion!: or Pert s t h•'t •'ot i e conflict in::„f;tr As they Arr. 1n runtli••t; ro!`t.a•eli"' a Sever.bl i it provision; det'1.i1'ip tt;.. ols'i;-oh(.0 to I nn emergency r;lt'.lt:t•re; dtSj+t•tl(;ine' with t'`e of rertdint! the• .;:tint' on two ::en it•at a c!.' . l :t e•t e- .•' not les!• t l tie t t+ur- t i 1 t It!: of the IN -Aber-! Bet the Cuntmt ssi,'t' %r* Passed on first reading City Commission meeting; January :'3, 1975 Introduced by - C+mmi.ssioner. Gordon Seconded by - Commissioner Reboso Ayes - Commissioners Gibson, Cordon, Plummer and Rebus() Absent - M.lyor Ferre h. QtY dC41188tON MEETING PEARtiAltY 120 1975 PAGE 10 DNfINISHEDJRLINESS_, SECOND READING Ordivatce )1ti ); curtain );ah.,.settjow; u the Mom' City F:ip1 rm nt Svstr,1 Wrdinimcc No. ?"t10, flecevh).r f L I , leadud); ns pre-ri, ia coliFira- ti,)!) 1,)rtn . ;), r, 1. tit !pt yr the tf„, rt of ;Ii hi, Ilti ), 19)1, nyeadcd, rot-, poritcaf;!rt7, repeal ) •I ) 90 cut i t led Admin i'rtrnt ian !oth- st i tat tl• r ar. Sect ion ?-90 ent it led , theWvt 1hli the I.:etiret7 nt lIaord • the l!,Htyce ' RoVirer:ent SVE 1 Nid provi6lag for tfh) cor.po.•iIion tHereof; providing htrther tor tho ..leetia;s ol , •1 Po rd and the procedure tor election or rtember,;, provid'ag father for gantifications For member- ship on said 10.;[-.1 and the procedure for filling vacancies, if any, providin further that members oE the Board shall serve without compensation and shalt take an oath of office; providing further for rutts and regulations by which the Board is to be governed; providing further for the selection of a Vice -Chairman and Secretary for the Board; providing further that the Board shall keep in- formation and data; providing further that the Board shall keep its minutes open for public inspection; providing further for :he submission of annual reports to the City Commission c,f th,‘ City of Miami; providing further for the designation of an actuary for the Board; providing further for th. selection of a physiciar to assist the Board in the performance of its duties and providing for the procedure to be followed by said physician when re- quested to assist the Board; providing further for an nctuarial valuation by the actuary; repealing all ordinances, Code sections or parts thereof in conflict, insofar as they nre in conflict; containing a severability provision; declaring this ordinance to he an emergency measure; dispensing with the rogoirements of reading the same on two separate days by a vote of not less than four -fifths of the members of the Commission. ** Passed on first reading City Commission meeting January 23, 1975 Introduced by - Commissioner Reboso Seconded by - Commissioner Gordon Ayes - Commissioners Gibson, Gordon, Plummer and Reboso Absent - Mayor Ferre • clti coMMIsstoft MEETING FEBRUARY 1.2i 19/5 PAGE It PNFINIS,RER DUSINESS_t_SECOND READING * Ordinnace tog certain !;ub!.lection!. of tLo Niami U(1%.. Cenerol Eltinfor.:;1 Retitt.mPof Nan fur 1 u ir,. May 2, 195(., miended); ;Tpeprif,- forti as a p.'rt of Ch;trter ? of thf.. of Iho City of Fiorida, 1957, rq awo,.f1, r. pjrliuni.,!1% amending Section 109 ot chdpter 2 by sobsection 5(a) and (h) ot Id!;.ctio;, 111.1, and suhstitutitT therefor new !.uh:0,ctinnr; (h), uu (c) of Section 10) of !:.tid Ch;y“,r 2 proYidin; for dental or service-inilirred diqahility retirement ante; providiu7, For the procedure to he foliod the Retirement Roard of the Niattii City Genral Employees' Retirement Plan when considering :qt application for dental or service-incurrvd disability rotir..,ment; providing for the definition of total and permanent dis- ability; providing further for the Retirement Board to receive all available information when considering an application for accidental or service -incurred disability retirement; repeating all ordinances, Ccde sections or parts thereof in conflict, insofar as they are in con- flict; containing a severabitity provision; declaring this ordinance to b,! an emergency measure; dispensing with the requirement of reading the s:Ime on two separate days by a vote of not less than four -fifths of the members of the Commission. ** Passed on first reading City Commission meeting January 23, 1975 Introduced by - Commissioner Cordon Seconded by - Commissioner Gibson Ayes - Commissioners Gibson, Gordon, Plummer and Reboso Absent - Mayor Ferre t4 CITY COMMISSION MEETING P EtWARY 120 1915 PAGE 12 tJNFINISltED _BUSINESS , : SECOND REtWtNG 0rdinance :&endir'g certain :;trbsect inns. of the Miami ('it `• Employees' ;:eti r.finent Plan (ordinance No. 5624, May 2, 1956, as a,nended) as appearing in codification Form ,is: a part of Chapter 2 of they Code of the City of Miami, l lorida, 1957, as amended, wore particularly, repeating Secti.' 2-108, entitled "Administration", and substitut'i•~ laic :fir a new Section 2-1.O8, entitled "Administration", t `ere:' establishing the Retirement hoard of the '1iami t Employees' Retirement Plan and providn=, for the composition thereof; providing further for the mit utes of said Board and the pr.,cedur.e for. Elections and appointment of members; providing further for the procedure for filling vacancies, if any; providing further that members .)f the Board shall serve without compensation and shalt tare an oath of office; providing further for the selection of a Chairman, Vice -Chairman and Secretary for the Board; providing further that the Board shalt keep information and data; providing further that the Board shall keep its minutes open for public inspection; providing further for the submission of annual reports to the City Commission of the City of Miami; providing Further For the designation of an actuary for the Board; providing further for the City Attorney to be the legal advisor for the Board; providing further for the selection of a physician to assist the Board in the performance of its duties; and providing for the procedure to he followed by said physician when requested to assist the Board; providing further for an actuarial valuation by the actuary; repeal- ing all ordinances, Code sections or parts thereof in' conflict insofar as they are in conflict; containing a severability provision; declaring this ordinance to be an emergency measure; dispensing with the requirements of reading the same on two separate days by a vote of not less than four -fifths of the members of the Commission. ** Passed on first reading City Commission meeting January 23, 1975 Introduced by - Commissioner Reboso Seconded by - Commissioner Gordon Ayes - Commissioners Gibson, Cordon, Plummer and Reboso Absent - Mayor Ferre ciTY coMMISSlol MEETING PE$RUA1t'Y 12, 1975 PAGE 13 UNFIN'ISHEUBUSINESS - SECCNU READING k, * Ordinance ,zmendti'.g ceetni.n strhrte' ti.on: or the ?tinrni t'it- Cenerai E'mpinvees' Reti.remert Plan (Ordinance No 't(.0 , May 2, 1956, ns amended); .a:: appearing in codi f i c it ic'' form as n part of Chapter 2 of the Code (It the Cit.. l'tiAmi, Florida, 1957, ;a^ ::me'nlod, more pnrticnl:trly amending Section 106 of said Chapter 2 by rc'pe. subsections 1(17), 4, 5 and 6 and stdistitnting t • -et for a new subsection 4 of Section lOh of <nirl ('h.tptet thereby providing for two classes of. cmplovee to-wi t.: Class consisting of all general men mad wom,m employees, and Class B - consisting of ill general employees who as of October 1, 1974 were members of the Miami City Employees' Retirement System; providing further that the members of Class B shall retain their status of exemption from the provisions of the Social Security Act; providing further that each member who has attained his minimum retirement date shall receive a normal retirement benefit of two (2) per cent of his final average earnings, plus an additional one -tenth (1/10) of one (1) per cent for each year that the member's age and service .exceeds seventy-five (75) +rf to a maximum credit of three (3) per cent per year of service with exceptions; providing further for the transfer of all assets and liabilities from the Retirement System to the Retirement Plan for those members of the Miami City Employees' Retirement System beconeng members of the Miami City General Employees' Retirement. Plan; providing further for an actuarial valuation to be made as of December 31, 1c.74, to determine the assets and liabil}ties of those membe>;s of the Miami City Employees' Retirement System transferring to the Miami City General Employees' Retirement Plan; providing further that there shall be an eight (8) per cent contribution by -ill employees belonging to the Miami City General Employees Retirement Plan; repealing all ordinances, (:ode sections or part:; thereof in conflict, insofar as they are in conflict; containing a severability provision; declaring this ordinance to be an emergency measure; dispensing with the requirement of reading the same on two separate days by a vote of not less than four -fifths of the members of the Commission. ** Passed on first reading City Commission meeting January 23, 1975 Introduced by - Commissioner Cordon Seconded by - Commissioner Reboso Ayes - Commissioners Gibson, Gordon, Plummer and Reboso Absent - Mayor Ferre CITY COMMISSION 1EETING 1;`EBRUARY i2 1975 PAGE 14 UNFINISHED BUSINESS = SECOND READING 1. * Ordinance amending certain subsections of the Fiinmi. Cit General 1'rnploy'!es' Retirement Plan (Ordinance No, i(c24, May 2 19.6, a.; amended); a; appeLring in codification form ns n part of Chnpter 2 of tin Code of the Cit•. o` Miami, Florida, 1957, Mtn amended, rnor.e particularly amending ;:ec 1 ion 109 of said Chnpter 2 by cren' rg n subsection (3) utili:cing existing provisions of Section 109 and lettering said provisions respect'vely (a) , (h) . nd (c) ; and by adding; :t new p: rngraph (d) to subsection (3) of Section 1'19 of said Chapter 2; thereby providing t:he minimum benefits to which n member who was employed by the City of Mi;uni on October 1, 1974, would be entitled; providing further that znv member employed by the City of Miami prior to October 1, 1974, shall have the option of having his retirement benefits computed in accordance with the provision of Section 2-106 of the Code of the City of Miami; or in the alternative, if such member qualifies, he may have his benefits computed in accordance with the provisions of Section 2-109(3)(b) or at a rate of 2-1/2 per cent per year, whichever benefit is greater; repealing all ordinances, :ode sections or parts thereof in conflict, insofar as ...they are in con- flict; containing a severabilitv provision; declaring this ordinance to be an emergency measure; dispensing with the requirement of reading the same on two separate days by a vote cf. not less than 4/5 or the members of the Commission. ** Passed on first reading City Cormmission meeting January 23, 1975 Introduced by - Commissioner Cordon Seconded by - Commissioner Reioso Ayes - Commissioners Gibson, Gordon, Plummer and Reboso Absent - Mayor Ferre m► CITY COMMISSION MEETING PEBRUAR'Y 12, 1975 PAGE 15 UNV TNIS11E1) BUSINESS SECOND rEAi)) Nc: Ordinance amending certain r,ii>:;ection'; of the t•li an; General E nplu'. ees' retirement rinn (ordinance No. 'iC ?'r, May 2, 1956, ns amended); :15; . 1:Tearing in codtfic,itio, form as n part of Chapter ? of the Code of the City of Miami, Florida. 1957, as riir:'nded, more p;irt icu1 ar•1: , repealing subsections 10 and 11 of Section 7_lo' if said Chapter 2 entitled "reexamination if Beneficiar <_s Re- tired on Account of Disability's, aid :;:tl>stitutth., therefor new subsections 10, 11 and 12 of Section 2-109, entitled "Limitation of Disability Benefits and Reexamination or Beneficiaries Retired on Account of Disability" thereby giving the Retirement Board of the Miami City Gererat Employees' Retirement Plan the authority to limit pension benefits of members receiving accidental disability retire- ment benefits when a member's annual earnings from employ- ment exceed an amount which when added to his disability retirement allowance would result in a combined income of one hundred per centum (100%) of the maximum, current salary for the classification from which he was retired; providing further than any member receiving an accidental disability retirement allowance shall furnish copies of his federal income tax for the immediate preceding year and other information as required by tie Retirement Board; providing further for a withholding of disability retire- ment allowance payments when a benefit:.arv's income exceeds the maximum permissible amount; providing further for no restriction on earnings when a member who receives an accidental disability allowance reaches his minimum normal service retirement age; providing further for physical examination of members receiving a disability retirement allowance; providing further for the procedure to he followed in the event a member is able to perform service acceptable to the City; providing further for the right of pay back of contributions to the Miami City General Employees' Retirement Plan in the event an employee is returned to duty after receiving an accidental disability retirement; providing further for the physical examination by the physician employed by the CLty at least once every five years for those members receiving an accidental disability retirement allowance; providing further for the termination of an accidental disability ;retirement allowance when a member prior to his mandatory retirement age who is receiving said allowance, is no longer incapacitated or refuses to accept employment offered to him; repelling all ordinances, Code sections or parts thereof in conflict, insofar as they are in conflict; containing a severability provision; declaring this ordinance to be an emergency measure; dispensing with the requ:rne nt of reading the same on two separate days vy a vote of not less than 4/5 of the members of the Commission. Passed on first reading City Comimission meeting January 23, 1975 Introduced by - Commissioner Reboso Seconded by - Commissioner Cordon Ayes - Commissioners Cibson, Gordon, Plummer and Reboso Absent - Mayor Ferre l% ,e i . cITY COMMISSION MEETING FEBItUAR? 12, 1975 PAGE 16 UNIINISIIED BUSINESS � SECOND READING ti. Ordinance amending certain subsections of the Miami City General Employees' Retirement Ilan (Ordinance No. 56214-. May 2, 1956, as amended) ; as appearing in codification Form as a part of Chapter 2 of the Code or the City of ,liarii . Florida, 1957, as amended, more particularly amending Section lli or said C1iapt: n• 2 by repealing subs rtir:rs 3(a), (b) and (c) of said Section 1 1 1 , as :menc:e,.. and substituting thereCor new subsections 3(: , (b) c d1 1. of faction ill of said Chanter 2, providing for the appointment. of a successor -trustee to administer the ttiami City General Employees' Retirement flan Trust; providing further for the composition of the successor -trustee; providing further the qualifications for the trustees; providing further the tenure of th` City Commissioner serving on the Board of Trustees; providing further the tenure of the remaining members of the Board of Trustees other than the City Commission; providing further the method of appointment of successor -trustees; repealing all ordinances, Code sections, Cr parts thereof in conflict insofar as they are in conflict; containing a severability provision; declaring this ordinance to be an emergency measure; dispensing with the requirement of reading the same on two separate days by a vote of not less than 4/5 of the members of the Commission. ** Passed on first reading City Commission meeting January 23, 1975 Introduced by - Commissioner Gordon Seconded by - Commissioner Reboso Ayes - Commissioners Gibson, Gordon, P unmter and Reboso Absent - Mayor Ferre * Ordinance amending Section 54-34.1 of the Code of the City of Miami by authorizing the Director of the Depart- ment of Public Works to allow variations and deviations of repairing, replacing or constructing sidewalks and/or curbs and gutters and to execute a Covenant; repealing all ordinances, or parts of ordinances in conflict here- with, providing that if any section, clause, or sub- section shall be declared unconstitutional, it shall not affect the remaining provisions; providing for an effective date. ** Passed on first reading City Commission meeting January 9, 1975 Introduced by - Commissioner Gibson Seconded by - Commissioner Plummer Ayes - Commissioners Gibson, Gordon, Plummer, Reboso and Mayor Ferre Noes - none 0.449 GttY COMMISSION MEETING FEBR JARY 12, 1975 PAGE 17 tNFINISHED_BUSINESS ' SECOND READING * Ordinance amending Ordinance No. 8227 relating to art in public buildings by amending Section 5 which estab= fished a Cultural Arts Advisory Committee, changing the term the Committee is to serve from one (1) year to two (2) years; providing for inclusion in the Code; providing for severability; and providing an effective date. ** Passed on first reading City Commission meeting January 9, 1975 Introduced by - Commissioner Gibson Seconded by - Commissioner Reboso Ayes - Commissioners Gibson, Gordon, Plummer, Reboso and Mayor Ferre Noes - none 20. * Ordinance amending Appropriation Ordinance No. 8316 adopted October 10, 1974, to provide for the addi- tional appropriation of 81010.00 from the Orange Bowl Fund Balance to cover the cost of consultant service for sound reinforcement system improvements for the Orange Bowl Stadium; repealing all ordinances, Code sections or parts thereof in conflict, insofar as they are in conflict; containing a severability provision; providing an effective date. ** Passed on first reading City Commission meeting January 9, 1975 Introduced by - Commissioner Gibson Seconded by - Commissioner Plummer Ayes - Commissioners Gibson, Gordon, Plummer, Reboso and Mayor Ferre 21. * Ordinance amending Ordinance No. 6871, the Comprehensive Zoning Ordinance for the City of Miami, by changing the zoning classification for Lots 1, 2 and 30 through 40, CHARLES M. MUNDY'S SUB (15-29), and Lots 1 through 7, E.W.F. STIRRUP SUB (1-121, and a small UNPLATTED Tract on the north side of the property, located at Southeast corner of South Dixie Highway and Douglas Road, from R-2 (Two Family) and C-4 (General Commercial) to R-3 (Low Density Multiple) and by making the necessary changes in the zoning district map, made a part of the said Ordinance No. 6871, by reference and description in Article III, Section 2 thereof; by repealing all ordinances, Code sections, or parts thereof in conflict; and containing a severability provision. ** Passed on first reading City Commission meeting January 9, 1975 Introduced by - Commissioner Plummer Seconded by - Commissioner Gordon Ayes - Commissioners Cordon. Plummer, Reboso and Mayor Ferre Abstained - Commissioner Gibson CITY COMMISSION MEETING FEBRtARY 12, 1975 PAGE 18 UNFINiStiED. BUSINESS sEcot D READING 22, * Ordinance amending Ordinance No. 6871, tite Comprehensive Zoning Ordinance for the City of Miami. by changing the zoning classification of Tentative Plat #918 "EDISON PLAZA", located at approximately 5500 N. W. 2nd Avenue, from R-2 (Two Family) and C-4 (General Commercial) and C-5 (Liberal Commercial) to R-4 (Medium Densit- Multiple), and by making the necessary change, in the zoning district map, made a part of said Ordiu ce No. 6871, by reference and description in Article Ili, Section 2 thereof; by repealing all ordinances, Code sections, or parts thereof in conflict; and containing a severability provision. 23. ** - Passed on first reading City Commission meeting January 9, 1975 Introduced by - Commissioner Plummer Seconded by - Commissicner Gordon Ayes - Commissioners Gordon, Plummer, Reboso and Mayor Ferre Abstained - Commissioner Gibson * Ordinance amending Ordinance No. 6871, the Comprehensive Zoning Ordinance for the City of Miami, by changing the zoning classification of a portion of Tentative Plat #916 - "PERCIVAL GARDENS", located at approximately 3240 S. W. 37th Avenue, from R-l. (One Family) and C-2 (Community Commercial) to R-2 (Two Family). and by making the necessary changes in the zoning district map, made a part of the said Ordinance No. 6871, by reference and description in Article III, Section 2 thereof; by repealing all ordinances, Code sections, or parts thereof in conflict; and containing a sever - ability provision. ** Passed on first reading City Commission meeting January 9, 1975 Introduced by - Commissioner Plummer Seconded by - Commissioner Gordon Ayes - Commissioners Gordon, Plummer, Reboso and Mayor Ferre Abstained - Commissioner Gibson CITY COMMISSION MEETING `EBRUARY 12* 1975 PAGE 19 N1_ BURINESS. ' RESOLU.TIONS/ORDINANCES 24, * Resolution accepting the Highway Right u: Way Deed, executed by the Vanguard School on June 18, 1974, conveying to the City of Miami the southwesterly 10 feet of Lots 8 and 9, SUBDIVISION OF PART OF LOT "M" E4'ANTON HEIGHTS, as recorded in Plat Book 2, at page 33, in the Public Records of Dade County, Florida. ** A 10-foot wide strip of land running southeasterly from the southerly boundary line of Main Highway along the northeasterly side of Bayview Road for a distance of 175± feet is needed by the City in which to install a storm drainage system to alleviate the severe drainage problem there. In the design of this improve- ment the hest possible location for the installation was within the aforesaid strip of land. The Vanguard School has executed and delivered to the City of Miami a Highway Right of Way Deed for the required strip. It is now in order for the City Commission to accept the aforesaid deed and have it recorded in the Public Records of Dade County Florida. City Manager recommends. 25. * Reuolutio1i accepting the temporary construction Grant of Easement executed by Frank J. Kremser and Marie R. Kremser, his wife, on August 30, 1974, granting to the City of Miami an easement located in a 15-foot wide strip along the west side of N.E. 5 Avenue between N.E. 77 Street Road and the Little River Canal, for the purpose of constricting a storm sewer outfall in the public right of way running parallel with, and approximately one foot east of. said Owner's east property line; and directing the proper official of the City of Miami to record said instru- ment in the Public Records of Dade County, Florida. ** The City of Miami requires a 15-foot wide strip of private property located along the west side of N.E. 5 Avenue between N.E. 77 Street Road and the Little River Canal for use as an easement in conjunction with the construction of a storm sewer outfall that will be a part of the City's N. E. 4th Court Highway Improvement H-4360. Due to this close proximity to the owner's property line and the imminent danger of trespassing on private property, the City was obliged to ask the owner for the said 15-foot easement. In agreement, the owner executed and delivered to the City of Miami a temporary Grant of Easement for this pur- pose. It is now in order for the City Commission to accept the aforesaid easement instrument and to have it recorded in the Public Records of Dade County. Florida. City Manager recommends. CITY COMUIt S20N MEETING FEBRUAT 12, 1975 PAGi 20 NEW.,,BUSINESS RESOLUTIONS/ORD,II ANC$S 26, * Resolution accepting the Highway Right of Way Deed executed by Osceola Enterprises Inc., conveying to the City of Miami the south 20 feet of Lots 9 and 10 of CHARLES M. MUNDY'S SUBDIVISION, as recorded in Plat Book 3, at page 15, in the Public Records or Lade County, Florida, for the purpose of constructing, installing and mnintnining n storm drainage s:-ucture therein; and directing the proper official of .e City of Miami to record snid deed in the Public Records of Dade County, Florida. ** The City investigated a request made by a property owner to correct a drainage problem at 2829 Bird Avenue. The best possible location for the installa- tion of a drainage facility necessary to correct the problem was within the south 20 feet of the said property. When informed that the City of Miami is prevented by law from constructing a drainage structure on private property, the owner agreed to dedicate the said 20-foot wide area to the City in an even exchange for the improvement, although the value of the dedicated land is estimated to exceed the City's cost of this improvement. Osceola Enterprises, Inc. has executed and delivered a Highway Right of Way Deed conveying to the City of. Miami the required 20-foot wide strip containing an area of 2,000± square feet. City Mannger recommends. 27. * Resolution approving in principle a lease between the City of Miami and the State of Florida, Depart- ment of Transportation for the area underneath the North -South Expressway between S. W. 7th and S. W. 8th Streets and S. W. 15th Road and S. W. 3rd Avenue for the development of mini -parks; authorizing and directing the City Manager to enter into a lease agreement with the State of Florida, Department of Transportation, forwarding said :agreement and other necessary documents to the State of Florida, Department of Transportation. ** The two areas to be leased from the DOT will be developed as mini -parks, .5 and 1.5 acres in size, respectively. Funds for this development are not included in the Parks for People Bond Program and other sources of funding must be secured. City Manager recommends. CIDI COMMISSION MEETING I RUAR/ 12 * 1975 PAGE 21 NEW4.BUSINESS -_.RESOLUTIONS/ORDINANCES 28, * Resolution accepting the Grant cF Ease"°nt of April 26, 1974 by Bayview Associates, Inc. for certain properties in Lot A, Block 1, Dupont Plaza, ►d authorizing and directing the proper officials of the City of Miami to record said Crant of Easement in the Public Records of Dade County, Florida. ** It was necessary to secure the above easemen' in order to proceed with the development of the Miami River Walkway. City Manager recommends. 29. ** Ordinance amending Section 39-6 (a) (1) of the Code of the City of Miami by reducing th.. minimum fee for use of the Dinner Key Exposition Building from four hundred fifty dollars per day, or fraction thereof, for the use of the downstairs only, to three hundred fifty dollars per day, or fraction thereof, for the use of the downstairs only. ** The Auditorium is now being managed and operated by the City since the former lessee unexpectedly terminated his lease on the premises. It has become obvious that the structure has deteriorated badly as regards its attractiveness for use as an exhibition or convention building. }or this reason a reduction in the fee is advisable. City Manager recommends. SETTLEMENT OF CITY CLAIMS AGAINST OTHERS 30. a. * Resolution authorizing the Director of Finance to accept the sum of $498.75 in full and complete settlement in the claim of the City of Miami versus ARMANDO GUTIERREZ; and authorizing the City Manager !! and the City Clerk of the City of Miami to execute a release releasing Armando Gutierrez from any and all claims and demands arising out of the accident involved in the above claim. f ,` ,nir. b. * Resolution authorizing the Director of Finance to accept the sutra of $1,017.86 in full and complete settlement in the claim of the City of niami versus BURRITT, SUBERS AND WORLEY INCORPORATED and KENNETII BOYD BURRITT; and nuthorizing the City Manager to execute a release releasing Burritt, Subers and Worley Incorporated and 1:enneth Boyd Burritt from any and all claims and demands arising out of the accident involved in the above claim. ** After investigation of the ahove claims, the City Attorney recommends settlement, CITY COMMISSION MEETING FEBRUARY 120 1975 PAGE 22 NEW_.BUSINESS..,- .RESOLUTIONS/ORDINANC13 SETTLEMENT OF CLAIMS AGAINST THE Ct Y ,BY. OTHERS 31. a. * Resolution authorizing the Director of Finance to pay to MARGARET E, LEE, without the admission of liability, the sum of $139,00 in full and complete settlement of all claims and demands against the City of Miami, upon the execution of a release releasing the City of Miami from all claims and demands: 32. b. Resolution authorizing the Director of Finance to pay to JOSEPH SCALCO, JR.. without the admission of liability, the sum of $19.50 in full and complete settlement of all claims and demands against the City of Miami, upon the execution of a release releasing the City of Miami from all claims and demands. c. * Resolution authorizing the Director of Finance to pay to AMOS RAGANS, without -the admission of liability, the sum of $77.58 in full and complete settlement of all claims and demands against the City of Miami, upon the execution of a release releasing the City of Miami from all claims and demands. d. Resolution authorizing the Director of Finance to pay to EUGENE J. ZEMBRZUSKI, without the admission of liability. the sum of $100.00 in full and complete settlement of all claims and demands against the City of Miami, upon the execution of a release relasing the City cf Miami from all claims and demands. e. * Resolution authorizing the Director of Finance to pay to ELIZABETH S. STEINBERG and JULIUS STEINBERG, without the admission of liability, the sum of $329.00 in full and complete settlement of all claims and demands against the City of Miami, upon the execution of a release releasing the City of Miami from all claims and demands. Claimant Amount Margaret L. Lee $139.00 Joseph Scalco, Jr. 19.50 Amos Ragans 77.58 Eugene J. Zembrzuski 100.00 Elizabeth S. Steinberg and 329.00 Julius Steinberg City Attorney recommends. * Resolution authorizing the Director of Finance to pay to DOROTIW LEVINE and JOSEPH LEVINE, her husband, without the admission of liability, the sum of $1,800 in full and complete settlement of their claim against the City of Miami for alleged personal injuries sustained by DOROTIW LEVINE, upon the execution of a release releasing the City of Miami from all claims and demands, prlV••••••••Tpf..r,-.•wr, e...••-•r City Attorney recommends. --w-r--a_-a- ..•e+_-__are+ CITY COMMISSION MEETING FEBRUARY 12, 1975 PAGE 23 NEW _BUSINESS RESOtuTIONS/ORDINANCES 33. * Resolution authorizing and directing the City Manager to instruct the proper City officials to transfer $2,500.00 from the Contingency Fund to provide payment for the replacement of seals, plates. and letters identifying the Torch of Friendship as the John F. Kennedy Memorial. ** Vandals have removed seals and plates as well letters from the Torch of Friendship, and it is necessary to transfer funds from the Contingency Fund to cover the cost of replacement. City Manager recommends. 34. * Ordinance amending Appropriations Ordinance No. 8316 by appropriating $10,000.00 for additional revenues and expenditures for Programs for the Handicapped; said revenues to be received from the State of Florida, Division of Retardation on reimbursement invoice; authorizing and directing the City Manager to instruct the proper City officials to implement this Program, and establishing a Program Budget; repealing all ordinances, Code sections or parts thereof in con- flict; and providing an effective date. 35. ** The State of Florida, Division of Retardation, under its Purchase of Service Program will reimburse the City for any programs for the handicapped which meet their guidelines. Application for these Purchase of Service monies will be submitted from time to time as new programs for the community are needed. These monies will be used to expand our present 3rograms for the handicapped by the purchase of supplies and the payment of salaries. City Manager recommends. * Resolution authorizing and directing the City Manager to instruct the proper City officials to select a newspaper of general circulation in Miami and Dade County for the purpose of placing an advertisement therein for the sale of delinquent Special Improvement Assessment Liens. Alb %. +c /t rsdL- U 7'i e. I S d N rAei s x r � A:2 CITY COMMISSION MEETING FEBRuARy 12, 1975 PAGE 24 MtV_BU.SINESS _ _REsotUTIONs/ORDINANCES 36. * Resolution authorizing and directing the City Manager and the City Clerk to execute an amendment to the agreement entered into with the University of Miami on September 10, 1974 for the professional super vision of the City's emergency medical program, extending the term of the original agreement ':o January 31, 1976. ** The present contract with the University of Miami School of Medicine, Department of Surgery, will expire on January• 31, 1975. It is recommended that it be extended for an additional year. City Manager recommends. 37. ** Resolution authorizing and directing the City Manager and the City Clerk to enter intc agreements with Angel Treto and Ida Treto for the food and beverage concession at West End Park, and with Robert Donaldson for the food and beverage concession at Manor Park. ** Concession privileges at the above parks were adver- tised but no bids were received. Subsequently, the agreements were negotiated. 38. * Resolution authorizing and directing tie City Manager and the City Clerk to enter into an agreement with ARTHUR BURRICHTER to perform specialized training services to the City of Miami Department of Police. ** Through this contract instruction will be given to City of Miami police officers to provide a clearer understanding of the interaction that can develop between a police officer and the individual he is trying to assist or take into custody. This instruc- tion will include specialized techniques for reducing agressiveness in emotional situations. CITY GOttSSIOHH ttETtNC P'EBRUARY 12, 1975 PAGE 25 NW__B JS_1NESS RPSOLUT.IONS/_ORDINAN.CFS 39. ** Ordinance amending Appropriation Ordinance No. 8316, adopted October 10, 1974,to provide for the addi- tional appropriation of $55,000 for the City's 1974-75 fiscal year budget to cover the ricrease in benefit payments in the Pension Fund provided in Ordinance No. 8318 to be paid to the retirees of the City of Miami; repealing all ordinances, Code sections or parts thereof in conflict, insofar as they are in conflict; containing a severability provision; pro= viding an effective date. ** Ordinance r,. 8316, the General Appropriations - Ordinance, Lncluded a 1% tncrease in benefits for retirees based on their original retirement allowance. However, Ordinance No. 8318 adopted October 10, 1974, provided for the 1% increase to be based on their present retirement allowance, wich resulted in a deficit of $55,000. The City uonimission, by Resolu- tion No. 74-1303, allocated funds totalling this amount from Federal Revenue Sharing Funds and from the funds previously budgeted for the Deputy City Manager positions. The Director of Finance has requested that rather than obtain these funds by allocating from these two sources, this amount be obtained by appropriating same from the Pension Fund Balance of the General Appropriations Ordinance. City Manager recommends. 40. * Ordinance providing for a licensing regulation of business, professions and occupations, the regulation of which has not been preempted by (1) State regula- tory control, or (2) Metropolitan Dade County regula- tory control, pursuant to the provisions of the Dade County Home Rule Charter; adding a new Section 30-11.1 and amending Article III, Section 30-28 of the Code of the City of Miami, Florida accordingly; repealing all ordinances, Code sections or parts thereof in con- flict, insofar as they are in conflict; containing a severability provision; declaring this ordinance to be an emergency measure and dispensing with the require went of reading the same on two separate days by a vote of not less than four -fifths of the members of the Commission. ** The Municipal Home Rule Powers Act and other provisions existing in the Florida Statutes provide a basis for the regulation of business, professions and occupations, the regulation of which has not been preempted by higher governmental authorities. This ordinance is designed to provide the City of Miami regulatory control over licenses when there have been convictions which relate to the particular business, profession or occupation involved. City Attorney recommends. qd CITY CoMMISsioN AEETING F`E ERtrAR'Y 12 ; 19 5 PAGE 26 NEW BttSIN'ESS_ _RESOLtlTIONS/ORDINANCES 4i. ** Resolution appointing Ms. Maria Siena Torah to the International Folk Festival Comr.Jttee. 42. ** Resolution appointing State Comptroller Gerald A. Lewis and Thomas Wasmuth as members of the Board of the Downtown Development Authority. ** Mr. Lewis will replace former State Comptroller Fred 0. DickenEon, Jr. as a member of the Board, and Mr. Wasmuth will fill the vacancy created by the expira- tion of the term of Sylvan Meyer. 43. ** Resolution appointing additional members to the City of Miami Committee on Ecology and Beautification. 44. ** Resolution granting a 50% reduction in the rental fees for the use of the Bayfront Park Auditorium by the Dade County Schools' Music Department for Music Evaluation Festivals on April 28-May 1, May 12-14, May 17-18, and May 19-22, 1975, inclusive, subject to advance payment of an estimated amount for event personnel, lights, insurance and other direct costs borne by :he City. 45. ** Resolution authorizing the issuaice of Waste Collection Licenses to INDUSTRIAL WASTE SERVICE, INC., ALL FLORIDA SANITATION SERVICE, INC., CORBAR'S TRUCKING & TRASH HAULING SERVICE, WILLIAMS HAULING, INC., AUTOMATED WASTE INDUSTRIES, INC., COUNTY WASTE, INC., ALERT ECOLOGY CONTROLS, INC., and RAFAEL LAZARO SANCHEZ. City Manager recommends. CITY COMMISSION MEETING F'EBRUARV 12, 1975 PAGE 27 AWX t i . 0F_131Ds 46, ** Resolution awarding the bid of ANCHOR POST PRODUCTS INC. OF FLORIDA in the estimated amount of $52253.83 for the PARKS BASEBALL BACKSTOPS ai 1975; allocating the amount of $52,253.83 from the account entitled 1 " "Public Parks and Recreational Facilities Bond Fund" to Cover the estimated contract cost; allocating from said account the amount of $5,225.08 to cover the cost of Project Expense; allocating from said accou-,t the amount of $1,045.09 to cover the cost of such items as Advertising, Testing Laboratories, Postage, etc.; and authorizing the City Manager to execute a contract with said firm. ** Bids were received January 17, 1975 to replace existing fencing at eight City parks with new chain link backstops and replace and/or repair sideline fence on the baseball field at the eight parks. The bid of Anchor "ost Products 7.nc. of Florida was the LOWEST BID RECEIVED. City Manager recommends. 47. a. ** Resolution awarding the bid received January 17, 1975 of BISCAYNE CONSTRUCTION, INC. in the estimated amount of $84,887 for the ORANGE BOWL - SPIRAL RAMP DECK REPLACEMENT - PHASE 4 - 19”; and authorizing the City Manager to execute a contract therefor. b. **Ordinance amending Appropriation Ordinance No. 8316 idopted October 10, 1974 to provide for the additional appropriation of $95,073. from the Orange Bowl Fund Balance to cover the cost of the ORANGE BOWL - SPIRAL RAMP DECK REPLACEMENT - PHASE 4 - 1975; repealing all ordinances, Code sections or parts thereof in conflict, insofar as they are in conflict; containing a sever - ability provision; declaring this ordinance to be an emergency measure; dispensing with the requirement of reading the same on two separate days by a vote of not less than four -fifths of the members of the Commission. ** As part of the continuing program of improving the Orange Bowl Stadium, the City has been rebuilding the exterior spiral ramps which provide access to the upper deck area. With the completion of this contract the last two of the eight ramps will have been rebuilt. The bid of Biscayne Construction, Inc. is the LOWEST ACCEPTABLE BID. The proposed ordinance will provide funds for this project from the Orange Bowl Fund Balance. City Manager recommends. 48 . .. 49. CITY C"1%fMISSION NEETtNC FEBRUARY 121 1975 PAGE 28 AWARD OF. _BIDS Resolution awarding the bid of DECOMCO, INC. in the estimated amount of $37,408 for WAINWRIGILT PARK IMPROVEMENTS 1975; allocating the amount of $37,408 from the account entitled "Public Parks & Recreational Facilities Bond Fund" to cover the estimated contract cost; allocating from said .;ccoun1 the amount of $3,740.80 to cover the cost of Project Expen:.; allocating from said account the amount of $7,`.20 to cover the cost of such items ns Advertising. Testing Laboratories, Postage, etc; and ;iuthori2ing the City Manager to execute a contract with said firm. ** Bids were received January 24, 1975 to modify an existing building to make a comfort station and to provide fencing along the front of Wainwright Park, located on the Bay just south of Rickenbacker Cause- way. The bid of Deconco, Inc. was the LOWEST BID RECEIVED. City Manager recommends. ** Resolution accepting the bids received December 31, 1974 of ZERO BULLET CO, SOUTHERN GUN DISTRIBUTORS, BUFFALO ROCK SHOOTERS SUPPLY, S. & VJ, AMMUNITION CO. and FEDERAL LABORATORIES for furnishing AMMUNITION for the Police Department at a total cost of $17,340.98. ** Invitations were mailed to 24 potential suppliers and seven bids were received. The bids of the five companies listed above were the LOWEST BIDS RECEIVED on specific items. City Manager recommends. 50. *k Resolution accepting the bid of FLORIDA MUNICIPAL SALES for furnishing a PAR-M0R ASH TRAILER for use by the Sanitation Department at a cost of $25,500.00. ** For the last ten years this firm has been the only bidder for this type of equipment. This trailer is built specifically for the 8' clearance at the 20th Street Incinerator. Because of the projected closing of the Incinerator the trailer was not purchased under the last equipment bid. Subsequently it was decided that the Incinerator will remain open until 1976, and this equipment is drastically needed. Funds are available from the Garage Replacement Reserve. City Manager recommends. 51. CITY Co MISSION MEETING RRUARY 12, 1975 PAGE 29 AWARD OF BIDS *.', Resolution accepting the bids received Novembet 20, 1974 of ALL 1`TIAMt FIRST Alt), DYNA MET) CORPORATION, A•i1 DIC CORPORATION and GENTEC for furnishing IIEDTCAL SUPPLIES for use by the Rescue Division of the Fire Department for one year from the date of award at an approximate annual cost of $40,000.00. ** -nvitations were mailed to ten potential suppliers and four bids were received. Because of the emergency nature of the Rescue Division of the Fire Department it is impossible to anticipate the quantity of supplies needed on a week -to -week or month-to-montli basis. For this reason and because of the complexities of maintaining adequate stocks of emergency medical supplies, it is recommended that an agreement be entered into with the above vendors to furnish medical supplies, as required, for one year from date of award of bid for use by the Fire Department and other departments of the City at an annual cost of $40,000.00. City Manager recommends. 52. ** Resolution .accepting the bids received January 27, 1975 of CRO'.IERS FORD TRACTOR CO. in the amount of $4,550.00 aid SHELLEY TRACTOR & EQUIPMENT CO. in the amount of $11,740.60 for furnishing HEAVY EQUIPMENT for the Garage Division of Public Properties at a total cost of $16,290.64. ** Invitations were mailed to 33 potential suppliers and only one bid on each of two items of the specifications was received. These items are the materials necessary to promulgate the "crane rebuilding program" for the Sanitation Department now under way. Without these materials unnecessary delays will occur. Funds are available in the Garage Replacement Reserve of the current budget. City Manager recommends. 53. CITY ATTORNEY REPORTS 54. C1.TY MANAGER REPORTS a. Overtown District b. Affirmative Action 55. PE:SOLUTIONS CONFIPJ`tLNG PRI0 ACTION O1' TIII; crry (a)m:IT S ; f 011 TAKEN By IIU'f'TUN AT THE MEETING 01' ..IAt:I.ti1RY 73, 1975.