HomeMy WebLinkAboutCC 1975-02-12 Marked Agenda9 : 00
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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.
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9:30 A.M. 7.
40".
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**
*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.